Meeting Agendas & Minutes

Board of Adjustment Meeting Minutes 01/25/10

Minutes of the Reorganization Meeting of the Morris Plains Board of Adjustment held on January 25, 2010 at 7:30 p.m. in the Council Chambers, 531 Speedwell Avenue. The following members were present:

 

Mr. John Conway

Mr. Rosemary Lopez

Mrs. Ruth Mills

Mr. Martin Reilly

Mr. John Scagnelli

Mr. David Schulz, Vice Chairman

Mr. Michael Bozza

Ms. Joan Scaccia

Mr. Roy Stewart, Chairman

 

Mr. William Denzler, Borough Planner

PLEDGE OF ALLEGIANCE TO THE FLAG

 

The meeting was called to order by Mr. Stewart. Mr. Stewart 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. Stewart stated the next order of business is to seek nominations for the Board of Adjustment for the calendar year 2010.

NOMINATIONS FOR CHAIRMAN

Mr. Scagnelli nominated Mr. David Schulz for the position of Chairman, seconded by Mr. Conway.

 

Mr. Stewart asked if there were any additional nominations. There being no additional nominations for Chairman, Mr. Stewart requested a roll call.

Roll Call

Yeas: Mr. Conway, Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli,

Mr. Bozza, Ms. Scaccia, Mr. Stewart

Nays: None

Abstain: Mr. Schulz

Motion carried.

 

The Board offered its congratulations to Mr. Schulz on his position as Board of Adjustment Chairman for year 2010.

 

NOMINATIONS FOR VICE CHAIRMAN

Mr. Scagnelli nominated Mr. John Conway for the position of Vice Chairman, seconded by Mrs. Lopez.

 

Mr. Conway commented for the timeframe he has served on this Board he has resisted the temptation of serving as either Chairman or Vice Chairman and has enjoyed his current role on the Board. He stated he will decline this position if nominated.

 

Mr. Scagnelli withdrew his nomination of Mr. Conway for the position of Vice Chairman.

 

Mr. Reilly nominated Mr. Roy Stewart for the position of Vice Chairman, seconded by Ms. Lopez.

 

Mr. Schulz asked if there were any additional nominations for this position. Hearing none, he requested a roll call.

Roll Call

Yeas: Mr. Conway, Mrs. Lopez, Mrs. Mills, Mr. Reilly, Mr. Scagnelli,

Mr. Schulz, Mr. Bozza, Ms. Scaccia

Nays: None

Abstain: 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 2010. It was recommended that Michael Sullivan, Esq. continue in his role as the Board’s legal representative.

 

Mrs. Mills moved that Michael Sullivan, Esq. be approved as the Board’s 2010 legal representative, seconded by Mr. Conway.

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 BOARD SECRETARY

Mr. Schulz stated the next item of business was the approval of the Board Secretary, Karen Coffey, for the calendar year 2010.

 

Mr. Conway moved to approve this appointment, 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 2010 MEETING DATES

Mr. Schulz made reference to Board of Adjustment Resolution 10-01, Legal Notice for Morris Plains Board of Adjustment meetings.

 

BOARD OF ADJUSTMENT-RESOLUTION NO. 10-01

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 25th day of January, 2010 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.  

  1. 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.
  2.  

 

  1. The schedule attached hereto and made a part hereof entitled "Notice of Scheduled Meetings for the remainder of the year 2010" 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.
  2.  

 

NOTICE OF SCHEDULED MEETINGS FOR REMAINDER OF THE YEAR 2010

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 22nd. March 22nd, April 26th, May 24th, June 28th, July 26th, August 23rd, September 27th, October 25th, November 22nd, December 20th and January 24th, 2011.

* * * * * * * * * *

Mr. Schulz stated the next order of business is to adopt the Resolution to approve meeting dates for 2010, Board of Adjustment Resolution #10-01 - "Notice of Meeting Dates".

 

Mr. Scagnelli moved that the dates as indicated for the 2010 meetings be adopted, seconded by Mr. Conway.

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

Mrs. Mills moved that the minutes of the Regular Meeting of December 21, 2009 be accepted as written, seconded by Mr. Scagnelli.

Roll Call

Yeas: Mrs. Lopez, Mrs. Mills, Mr. Scagnelli, Mr. Schulz,

Ms. Scaccia, Mr. Stewart

Nays: None

Abstain: Mr. Conway, Mr. Reilly, Mr. Bozza

Motion carried.

COMMENTS FROM THE PUBLIC

Mr. Schulz opened the meeting to the public to speak on matters other than those on the agenda. No comments were forthcoming, and this portion of the meeting was closed to the public.

CORRESPONDENCE AND BILLS

Mrs. Mills stated there were no invoices for payment nor was there any correspondence

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OLD BUSINESS

Mr. Schulz advised that applicant Raceway had requested an additional postponement of their hearing.

 

Mr. Conway asked about Raceway’s convenience store. How is enforcement being handled in connection with this decision?

 

Cross discussion about whether summonses were still being issued, penalties, Mr. Denzler’s comments on this matter, and the most likely next steps.

 

NEW BUSINESS

None.

 

Mr. Stewart thanked the Board for its support during the years of his tenure as the Board Chairman.

 

Board members thanked Mr. Stewart for his years of service as Chairman.

 

There being no further business, Mr. Scagnelli moved that the meeting be adjourned at 7:53 pm, seconded by Mr. Reilly. Voice vote. All in favor. Motion carried.

 

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Karen Coffey

Board Secretary

 

Maureen Sullivan

Recording Secretary