Meeting Agendas & Minutes

Board of Adjustment Meeting Minutes 02/28/11

Minutes of the Regular Meeting of the Morris Plains Board of Adjustment held on February 28, 2011 at 7:30 p.m. in the Council Chambers, 531 Speedwell Avenue. The following members were present:

 

Mr. John Conway

Mrs. Ruth Mills

Mr. Martin Reilly

Mr. Michael Bozza

Ms. Joan Scaccia

Mr. David Schulz, Chairman

 

Mr. Leon Hall, Borough Engineer

Mr. William Denzler, Borough Planner

 

Absent:

Mrs. Rosemary Lopez

Mr. John Scagnelli

Mr. Roy Stewart, Vice Chairman

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."

 

APPROVAL OF MINUTES

Mr. Schulz stated the next agenda item is approval of the meeting minutes of the Regular Meeting on January 24, 2011.

 

The Board Secretary advised there is a correction to the first page under Nomination of Officers, second line. The year should be noted as 2011. Under Approval of the Board’s Legal Representation on the next page, second line, Mrs. Lopez, second 2011 legal representation.

 

Mr. Conway moved the minutes be approved as revised, seconded by Mr. Reilly.

Roll Call

Yeas: Mr. Conway, Mrs. Mills, Mr. Reilly, Ms. Scaccia, Mr. Schulz

Nays: None

Abstain: Mr. Bozza

Absent: Mrs. Lopez, Mr. Scagnelli, Mr. Stewart

Motion carried.

COMMENTS FROM THE PUBLIC

Mr. Schulz opened the meeting to the public to speak on matters other than those on the agenda. Hearing none, he closed this portion of the meeting to the public.

 

BA-1-11 - Gary Tahlmore – 81 West Hanover Avenue, Block: 33 Lot: 6

Mr. Schulz advised that the applicant has requested both a completeness review and a public hearing at this meeting.

 

Mr. Tahlmore introduced himself to the Board.

 

Mr. Hall reviewed his February 7, 2011 report, providing appropriate details on various checklist items. He stated that for the reasons noted this application cannot be deemed complete at this time.

 

Referring to their February 7, 2011 report, Mr. Denzler stated they are also recommending this application be deemed incomplete. They concur with the checklist items recited by Mr. Hall. He said their primary objection relates to the elevations of the corners of the building.

 

Mr. Schulz asked Mr. Tahlmore if he fully understands the concerns of the Board’s Professionals. He commented on the remark on the survey that states "proposed location of dry well." He advised that Mr. Tahlmore and/or his design professionals should feel free to contact the Board’s Professionals directly if necessary. He also advised that submittals for the March Board meeting must be provided to the Board Secretary no later than March 14, 2011.

 

Mr. Tahlmore replied that he did.

 

Mr. Conway moved that this application be deemed incomplete, seconded by Mr. Bozza. .

Roll Call

Yeas: Mr. Conway, Mrs. Mills, Mr. Reilly, Mr. Bozza, Ms. Scaccia, Mr. Schulz

Nays: None

Absent: Mrs. Lopez, Mr. Scagnelli, Mr. Stewart

Motion carried.

The Board Secretary advised that the applicant is requesting that they be carried to the March Board meeting in connection with noticing. She further advised that the Morris County Planning Board and the State were not notified, and that applicant would like to be able to notice both of them now.

 

Mr. Schulz advised this application will be carried to the Board’s March meeting.

 

BA-2-11 – EJK Realty, LLC – Route 10 East and Candlewood Drive

Block: 115 Lots: 1,2,3,4,5

Mr. Schulz advised the applicant has requested both a review for completeness and public hearing at tonight’s meeting. He asked if the attorney for the applicant was present.

 

Mr. McArthur, the attorney for the applicant introduced himself to the Board and provided information as to the law firm he is associated with. He advised that Mr. Kloss is willing to withdraw that portion of the application concerning wall-mounted signage.

 

Mr. Hall referred to their February 25, 2011 report and provided a review of a number of checklist items. He commented on an apparent square footage conflict between the application form and the site plan of the existing building. He also advised that he does not believe the required copies of Resolutions were submitted. He also commented on the proposed ramps and signage issues. He recommended that the Board find the application incomplete.

 

Mr. Denzler commented on their February 24, 2011 memorandum stating that they, too, recommend the application be deemed incomplete primarily for the same reasons stated by Mr. Hall.

 

Mr. Schulz asked Mr. McArthur about the offer made to withdraw the wall-mounted signage stating that this does not address the many concerns voiced by the Professionals. He advised that he does not believe this offer can make any difference at this meeting.

 

Mr. McArthur responded he appreciated the Professionals’ comments and that the offer will be made by formal withdrawal. He asked if he and the applicant’s experts who are present at this meeting would be able to address some of the items of incompleteness.

 

Cross discussion as to whether this would be testimony and inappropriate to permit at this meeting.

 

Mr. Schulz determined that the Board cannot take testimony tonight.

 

Mr. Conway moved that this application be deemed incomplete, seconded by Mrs. Mills.

Roll Call

Yeas: Mr. Conway, Mrs. Mills, Mr. Reilly, Mr. Bozza, Ms. Scaccia, Mr. Schulz

Nays: None

Absent: Mrs. Lopez, Mr. Scagnelli, Mr. Stewart

Motion carried.

Mr. McArthur advised that he did notice for this meeting and requested it be carried to the Board’s March meeting.

The Board Secretary advised that the proper proof of notice has been provided.

Mr. Schulz advised this application will be carried to the Board’s March meeting.

CORRESPONDENCE AND BILLS

Mrs. Mills advised there are no correspondence and no bills.

 

NEW BUSINESS

Mr. Schulz advised that Mr. Bozza has offered to coordinate and prepare the Board’s Annual Report. He also stated he (Mr. Schulz) will prepare last year’s report which inadvertently was never produced. Further, he proposed that Mrs. Mills be responsible for a new task as a part of Correspondence and Bills, renaming this section Correspondence, Bills and Escrow Account Review.

 

Mrs. Mills accepted this new task. The Board thanked Mrs. Mills for taking on this additional task.

 

OLD BUSINESS

None.

Mr. McArthur asked a question on behalf of the applicant about the wall-mounted signage. He stated that since the applicant is returning to the Board’s next meeting, the applicant would prefer to retain the request concerning wall-mounted signage in the application.

 

Mr. Conway moved that having deemed the application incomplete, the Board include the text "as modified to include all signage in the application.", seconded by Mr. Bozza. Voice vote. All in favor. Motion carried.

 

Mr. Schulz stated this motion is done to delete the formal offer of withdrawal.

 

There being no further business, Mr. Conway moved the meeting be adjourned, seconded by Mr. Bozza. Voice vote. All in favor. Motion carried.

 

Karen M. Coffey

Commission Secretary

Maureen Sullivan