Allamuchy New Jersey

The Allamuchy Township Land Use Board held their regular meeting on Thursday, March 31, 2011 at the Municipal Building. The meeting was called to order at 7:30 p.m., by Chairman Suzanne Chamberlain and she led the Board in the Pledge of Allegiance.

STATEMENT: Board Secretary Alfia Schemm announced that adequate notice for this meeting has been provided according to the Open Public Meetings Act.

Chairwoman Chamberlain read Robert Reskers resignation letter into the record. She stated that he has been a valued member of the Community and that the Board regretfully accepts his resignation. She stated that tonights meeting is the rescheduled regular March meeting, as the Board became aware of a conflict, and the meeting was rescheduled. She also stated that the Board is aware that it has been a difficult day for the Polowy family and the Board extends their condolenscenes to the family.

Ms. Gibbs made the motion to adopt the minutes. Motion seconded by Mr. Hunt In a voice vote, all were in favor, except for Ms. Bockbrader, Chairwoman Chamberlain, and Mr. Bolten, who were not present at the February meeting and they abstained.

Chairwoman Chamberlain asked if the Board needs to take any action on the letter received in regards to the Tracy matter. Board Attorney Thomas stated that no Board action is necessary.

Chairwoman Chamberlain opened the meeting to the public for non-agenda items. With their no public comment, the meeting was closed to the public.

Both Chairwoman Chamberlain and Ms. Gibbs recused themselves and sat in the audience. In a motion made and seconded, Ms. Bockbrader was elected Chairman

Simone Sinesi Esq. was present on behalf of the Applicant. Board Attorney Thomas state that he understands that there was a question as to whether this application should be before the Board since there is presently an application before the Highlands Council. He stated that the Board cannot defer the hearing of any applications because of outside agency approvals. Board Engineer Niehoff then reviewed his completeness report of March 28^th and the waivers being requested. Board Planner Coppola stated that she feels that there is certain information that should not be waived as it is important to have this information.

Attorney Sinesi and Dennis Keenan, the Applicants Engineer addressed some of the issues raised. Board Planner Coppola stated that the application is for a Use Variance and other things come into play in reviewing the suitability of the site. Mr. Stuy stated his concern regarding any potential impact to the National Historic Registration Application. The Board discussed how to address the concerns raised and Board Attorney Thomas reviewed the waivers being requested. He also stated that the Board could also hold a completeness determination and begin a hearing next month if the Applicant can present the incompleteness items and if the application is complete.

Mr. Stuy made the motion to deem the application incomplete for the Preliminary Major Site Plan based on the 5 items discussed this evening. Motion seconded by Mr. McDonnell. In a roll call vote, all were in favor.

Board Attorney Thomas recommended that the Applicant grant an extension on the completeness for the Variance and Final Major Site Plan, with the hope that the addressing the deficiencies for the Preliminary Site Plan, will also address any possible deficiencies for the Variance and Final Major Site Plan. Attorney Sinesi agreed. The Board noted that the next Land Use Board meeting date is scheduled for April 28^th.

Chairwoman Chamberlain reviewed where the Board left off at last months meeting and she stated that it is her understanding that all of the testimony has now been presented. Board Attorney Thomas agreed and he stated that 3Board Members have listened to the audio of meetings missed and presently there are 7 Board Members eligible to vote on this matter.

Debra Nicholson Esq. was present on behalf of the Applicant and she thanked the Board for their heartfelt condole scenes and she thanked those Board Members that listened to the audio tapes of the meetings missed. She then provided her lengthy summation. She stated that they have provided evidence that shows that they have not expanded the use; however, that they have consolidated it. She stated that if the Board reaches a determination that they are not afforded the protections of a pre-existing

Non-conforming use, they have applied for the D-2 Variance. She stated that they submit, that under either theory, they are entitled to the relief and the approvals that the Land Use Board has the authority to grant. She reviewed the conditions being offered by her client. She summarized the application and the legal points and the proofs that they have provided. She asked that the Board find that they have met their burden. She thanked the Board for their time and consideration and she thanked the one Board Member that had to listen to the audio tapes of the 5 meetings that were missed, so that they would have a full voting quorum present this evening.

Cindy Coppola was then sworn in and she provided her professional qualifications. Board Planner Coppola went on to review her review of the application and her findings.

Board Attorney Thomas then reviewed his review of the application, the testimony provided, and the law, which was discussed with the Board, at great length.

Mr. Stuy made the motion to determine that there was an expansion. Motion seconded by Mr. McDonnell. In a Roll call vote, Mr. Stuy and Mr. McDonnell voted in favor. Mr. Baker, Mr. Bolten, Ms. Gibbs, Mr. Hunt, and Chairwoman Chamberlin voted in opposition.

Board Attorney Thomas then reviewed the possible conditions offered by the Applicant and the activities taking place on the site, which was discussed with the Board.

Chairwoman Chamberlain made the motion that the pre-existing non-conforming use previously defined by the Board, on the record, is deemed to not have been expanded, and will continue with the conditions as outlined by the Board Attorney on the record, which will be incorporated into a Resolution. Motion seconded by Ms. Gibbs. In a Roll call vote: Mr. Baker, Mr. Bolten, Ms. Gibbs, Mr. Hunt, and Chairwoman Chamberlin voted in favor. Mr. Stuy and Mr. McDonnell voted in opposition.

Ms. Gibbs made the motion to grant the C variances as outlined by Board Planner Coppola. Motion seconded by Chairwoman Chamberlain. In a roll call vote, all were in favor.

Mr. Stuy made the motion to grant the D-1 Variance for the two principal uses on the one lot. Motion seconded by Ms. Gibbs. In a roll call vote, all were in favor.