Meeting Agendas & Minutes

Board of Adjustment Meeting Minutes 01/24/11

Minutes of the Reorganization Meeting of the Morris Plains Board of Adjustment held on January 24, 2011 at 7:30 p.m. in the Council Chambers, 531 Speedwell Avenue. 

The following members were present:

Mr. John Conway

Mrs. Rosemary Lopez

Mrs. Ruth Mills

Mr. Martin Reilly

Mr. John Scagnelli

Mr. David Schulz, Chairman

Ms. Joan Scaccia                   

Absent:  Mr. Roy Stewart, Vice Chairman

Mr. Michael Bozza

Mr. William Denzler, Borough Planner

Mr. Leon Hall, Borough Engineer

Mr. Michael Sullivan, Board Attorney   

PLEDGE OF ALLEGIANCE TO THE FLAG

The meeting was called to order by Mr. Schulz.  Mr. Schulz made the statement that adequate notice of this meeting has been published and posted in accordance with Chapter 231 of the Public Law of 1975, "Open Public Meetings Act."

NOMINATIONS OF OFFICERS

Mr. Schulz stated the next order of business is to seek nominations for the Board of Adjustment for the calendar year 2011.  Mr. Schulz turned the meeting over to the Board Secretary for nominations.

NOMINATIONS FOR CHAIRMAN

Mrs. Lopez nominated Mr. David Schulz for the position of Chairman, seconded by Mr. Conway.  There being no further nominations for the position of Chairman, the Board Secretary asked for a motion to close this portion of the meeting.Mr. Conway moved that the nominations be closed, seconded by Mr. Scagnelli.

Roll Call    Yeas: Mr. Conway, Mrs. Lopez, Mrs. Mills,

Mr. Reilly, Mr.  Scagnelli, Ms. Scaccia   

Nays:       None

Absent:       Mr. Bozza, Mr. Stewart

Abstain:       Mr. Schulz

Motion carried.

The Board offered its congratulations to Mr. Schulz on his position as Board of Adjustment Chairman for year 2011.

NOMINATIONS FOR VICE CHAIRMAN

Mr. Reilly nominated Mr. Roy Stewart for the position of Vice Chairman, seconded by Mr. Conway.There being no further nominations for the position of Chairman, the Board Secretary asked for a motion to close this portion of the meeting.Mrs. Lopez moved to close the nominations, seconded by Mrs. Mills.

Roll Call    Yeas:       Mr. Conway, Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli, Ms. Scaccia, Mr. Schulz   

Nays:       None 

Absent:       Mr. Bozza, Mr. Stewart

Motion carried.

APPROVAL OF THE BOARD’S LEGAL REPRESENTATION

Mr. Schulz commented that the Board must approve legal representation for the calendar year 2011.  It was recommended that Michael Sullivan, Esq. continue in his role as the Board’s legal representative.Mrs. Lopez moved that Michael Sullivan, Esq. be approved as the Board’s 2011 legal representative, seconded by Mrs. Mills.

Roll Call    Yeas:       Mr. Conway, Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli, Ms. Scaccia, Mr. Schulz   

Nays:       None

Motion carried.

APPROVAL OF BOARD SECRETARY

Mr. Schulz stated the next item of business was the approval of the Board Secretary, Karen M. Coffey, for the calendar year 2011.Mr. Reilly moved to approve this appointment, seconded by Mr. Schulz.

Roll Call    Yeas:       Mr. Conway, Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli, Ms. Scaccia, Mr. Schulz   

Nays:       None

Motion carried.

APPROVAL OF 2011 MEETING DATES

Mr. Schultz stated the next order of business is to adopt the Resolution to approve meeting dates for 2011, Board of Adjustment

Resolution #11-01 -  “Notice of Meeting Dates”.  

The Board Secretary read the following Resolution:

BOARD OF ADJUSTMENT-RESOLUTION  NO.  11-01

LEGAL NOTICE BOROUGH OF MORRIS PLAINS MORRIS COUNTY, NEW JERSEY NOTICE OF MEETINGS   

BE IT RESOLVED by the Board of Adjustment of the Borough of Morris Plains, County of Morris and State of New Jersey, this 24th day of January, 2011 as follows: 

1.     The Morris Daily Record and the Morris News Bee (or, as an alternate to the Morris News Bee, the Star Ledger), are hereby designated as the two newspapers to receive notice of meetings as required by any and all sections of the Open Public Meetings Act, it appearing that said newspapers are most likely to inform the local public of such meetings. 

2.     The location for posting of notice of meetings shall be the bulletin board in the Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey where notices of this kind are normally posted.

3.  The schedule attached hereto and made a part hereof entitled "Notice of Scheduled Meetings for the remainder of the year 2011" is hereby adopted and the Secretary of this Board is authorized and directed within seven (7) days of this scheduled meeting to: (a) post said meeting schedule and maintain the same posted throughout the year on the bulletin board in the Borough Hall, 531 Speedwell Avenue, Morris Plains, New Jersey; (b) mail a copy of the same to the Morris County Daily Record and the Morris  News Bee; (c) mail a copy of the same to those persons who may request such mailing provided they comply with the regulations providing for the mailing of such notices; (d) the sum of $5.00 per notice is hereby fixed as the amount to be paid by any persons requesting individual notice of meetings as provided in Section 14 of the Open Public Meetings Act; and  file a copy of said schedule with the Clerk of the Borough of Morris  Plains.  The Morris Plains Board of Adjustment has their meeting date on the fourth Monday of every month except for December when the meeting is scheduled for the third Monday.    

NOTICE OF SCHEDULED MEETINGS FOR REMAINDER OF THE YEAR 2011

Please take notice that the Board of Adjustment of the Borough of Morris Plains will meet to discuss or act upon public business at 7:30 P.M. prevailing time on each of the dates set forth below in the Council Chambers at 531 Speedwell Avenue, Morris Plains, New Jersey:  February 28th, March 28th, April 25th, May 23rd, June 27th, July 25th,  August 22nd, September 26th, October 24th, November 28th,  December 19th  and January 23rd, 2012.

Mr. Conway moved that Board of Adjustment Resolution 11-01 be approved as read, seconded by Mr. Reilly. 

Roll Call    Yeas:       Mr. Conway, Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli, Mr. Schulz, Mr. Bozza, Ms. Scaccia, Mr. Stewart    Nays:       None

Motion carried.

APPROVAL OF MINUTES

Mr. Schulz stated the next agenda item is approval of the meeting minutes of the Regular Meeting on October 25, 2010.Mr. Scagnelli moved the minutes be approved, seconded by Mrs. Scaccia.Roll Call    Yeas:     Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli,                   Ms. Scaccia, Mr. Schulz   

Nays:     None

Abstain:      Mr. Conway

Absent:      Mr. Bozza, Mr. Stewart

Motion Carried

COMMENTS FROM THE PUBLIC

Mr. Schulz opened this portion of the meeting to comments from the public.Mr. Roman Zabihach introduced himself to the Board members, stating he is the Chair of the Council committee that oversees ordinances for the building and construction officials for the Planning Board and the Zoning Board of Adjustment. He stated it is a pleasure working with the Board and that if any member has an idea or comments he will be very willing to relate them to the Council.  Hearing no further comments from the public, Mr. Schulz closed this portion of the meeting to the public.

CORRESPONDENCE AND BILLS

There was no correspondence and no bills.

OLD BUSINESS

Comment was made concerning a letter the Board received which was a different name then the one of the three restaurants approved for the EJK property.  The Board Secretary advised that a letter was received and there was a typographical error in the spelling of the restaurant Panchero’s.Mr. Schulz commented that the EJK project is keeping Mr. Hall busy in connection with site work issues, signage and the Panchero’s matter.Mr. Hall assured Mr. Schulz that the applicant is responsive.  

NEW BUSINESS

Mr. Schulz advised that a new application is anticipated at the Board’s next meeting in February.The Board Secretary commented on the fact that the architect on this application is requesting, due to the time element of when it was received, that the Professionals would prepare their reports to allow for notice for the February meeting which would include completeness and the public hearing.  There being no further business, Mr. Scagnelli moved the meeting be adjourned, seconded by Mr. Reilly.  Voice vote.  All in favor.  Motion carried.                                                      

Karen M. Coffey

Commission Secretary                                                     

Maureen Sullivan