BERNARDS TOWNSHIP
BOARD OF ADJUSTMENT
MINUTES
Regular Meeting
December 3, 2008
Mr. Ray called the meeting to order at 7:35 p.m.
ROLL CALL:
Members present: Becker, Gilmore, Kleiber, Orr, Plaza, Ray, Schulenburg, Bryan
Members late:
none
Members absent:
Miller
Board Attorney Steven Warner, Esq., and Board Planner David Schley were also
present.
OPEN MEETING STATEMENT
“In accordance with the requirements of the Open Public Meetings Law, notice of
this regular meeting of the Board of Adjustment of the Township of Bernards was
posted on the bulletin board in the reception hall of the Municipal Building, Collyer
Lane, Basking Ridge, New Jersey, was sent to the Bernardsville News, Bernardsville, NJ, the Courier News, Bridgewater, NJ, and the Star-Ledger, Newark, NJ, and
was filed with the Township Clerk all on January 14, 2008. We received no requests
for individual notice.”
APPROVAL OF MINUTES
The motion was made by Mr. Orr and seconded by Ms. Gilmore to approve the
minutes of July 9, 2008 as drafted.
Roll call:
Aye: Becker, Gilmore, Orr, Plaza, Ray, Schulenburg, Bryan
(Ms. Kleiber was ineligible to vote)
Motion carried
RESOLUTION – Resolution #0807 – Appointment of John Chadwick, Planning
Consultant
The motion was made by Mr. Becker and seconded by Mr. Schulenburg to approve
the appointment of John Chadwick as Planning Consultant to the Board.
Roll call:
Aye: Becker, Gilmore, Kleiber, Orr, Plaza, Ray, Schulenburg
Motion carried
RESOLUTION – Recognition of Thomas J. Bitar’s 36 Years of Service to
Bernards Township Zoning Board of Adjustment
Mr. Becker noted that Tom Bitar had provided the Board with his legal expertise
from 1972 to 2008.
The motion was made by Mr. Becker and seconded by Mr. Ray to approve the
resolution as drafted.
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Roll call:
Aye: Becker, Gilmore, Kleiber, Orr, Plaza, Ray, Schulenburg
Motion carried
Mr. Ray announced that the public hearing for Neil Grabel and Gillian Fullard for
Bulk Variances on Block 4401, Lot 15 and the public hearing for Karen and Ben Del
Vento’s appeal of zoning officer’s decisions concerning Block 4401, Lot 15 was
carried to February 4, 2009 by request of both applicants.
COMPLETENESS & PUBLIC HEARING – ROBSON, KATHARINE & PAUL
– Block 302, Lot 2 (formerly Block 4, Lot 16) – 94 Old Farm Road – Bulk
Variance
Katherine and Paul Robson, 94 Old Farm Road and Mr. Schley were sworn. Mr.
Warner informed the applicants that their application fell under an exemption from
the Scarce Resource Restrain imposed by COAH and the applicant did not need to
apply for a waiver. Mrs. Robson explained that they wanted to build a front entrance
porch and first-floor bathroom. She said that the house was built in 1940 and is
currently located in the front yard setback which requires relief from that regulation.
She said that none of their neighbors had any objections. She said that the porch
would remain an open porch as per Mr. Schley’s comment in his December 1, 2008
memo. Mr. Schley explained that Mr. and Mrs. Robson had received a building
permit for some improvements and clarified that the variance relief requested was for
all of the improvements shown on the submitted plans.
Public hearing was opened for questions of the applicants; hearing none, the public
portion of this hearing on this application was closed.
The motion was made by Mr. Orr and seconded by Mr. Becker to deem the
application complete and to direct the Board Attorney to draft a resolution approving
the application with the condition that the porch remains an open porch.
Roll call:
Aye: Becker, Gilmore, Kleiber, Orr, Plaza, Ray, Schulenburg
Motion carried
COMPLETENESS & PUBLIC HEARING – FALVO, LESLIE & JEFFREY –
Block 6501, Lot 5 (formerly Block 162, Lot 74) – 58 Summit Drive – Bulk
Variance
Jeffrey and Leslie Falvo, 58 Summit Drive, their architect, Jonathan Booth, and Mr.
Schley were sworn in. Mr. Falvo said that the house was built 17 years ago and they
wanted to construct an addition providing them with a mud room, laundry room, a
second bath room for their children, a home office, and storage space for bicycles.
Mrs. Falvo said that she talked to three of the neighbors who supported the
application. Mr. Booth explained that the variance needed was for maximum floor
area. He said this construction would add a third garage bay, a mud room, a new
master bed room and a study. He said that exterior renovations were designed to
change the style of the house from Contemporary to Tudor. He presented as Exhibit
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A-1, a scale model of the house showing the proposed addition and roof line. He
noted that the property slopes up toward the rear yard property line.
Mr. Booth submitted Exhibit A-2, plan showing topography of this lot, Exhibit A-3, a
cross-section of the house, and Exhibit A-4, a cross-section of 155 Linden Place for
comparison. He said that the visual impact to the front would be minimal.
Board members discussed similarities and differences to other houses in this
neighborhood. Mr. Booth submitted Exhibit A-5, his analysis of 28 lots in this
neighborhood, noting lot width, maximum floor area requirements, and actual floor
area as recorded in building permits. He said that half of the lots are currently nonconforming.
Mr. Warner stated that this application fell under an exemption from the Scarce
Resource Restraint imposed by COAH and the applicant did not need to apply for a
waiver.
Public hearing was opened for questions. Mr. Mark Whaley, 54 Summit Drive,
expressed his support for the Falvos’ proposal. Hearing no further questions, the
public portion of this hearing on this application was closed.
The motion was made by Mr. Becker and seconded by Mr. Schulenburg to deem the
application complete and to direct the Board Attorney to draft a resolution approving
the application as submitted.
Roll call:
Aye: Becker, Gilmore, Kleiber, Orr, Plaza, Ray, Schulenburg
Motion carried
COMPLETENESS & PUBLIC HEARING – KNOX, CAROLYN B. – Block
11101, Lot 5 (formerly Block 187, Lot 4.01) – 415 Mountain Road – Bulk
Variance
Carolyn and Bill Knox, 415 Mountain Road, Daniel Lincoln, architect and Mr.
Schley were sworn in. Mrs. Knox said that she wants to place an old barn at the
location of another barn located within the front yard of the lot. The variances
requested are for this location and the height of the structure. Mr. Knox said that the
barn came from the McCollum/Gerhart property on Whitenack Road in Basking
Ridge.
Daniel Lincoln, architect, Bernardsville, submitted Exhibit A-1, photographs of the
barn. He said that the height of the barn would be 23.5 ft and would be an
improvement to the neighborhood. He anticipated that the Knoxes would be eligible
for an award from the Historical Society.
Public hearing was opened for questions of these witnesses. Hearing none, the public
portion of this hearing on this application was closed.
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Board members noted their support for the application.
The motion was made by Mr. Orr and seconded by Ms. Kleiber to deem the
application complete and to direct the Board Attorney to draft a resolution approving
it as submitted
Roll call:
Aye: Becker, Gilmore, Kleiber, Orr, Plaza, Ray, Schulenburg, Bryan
Motion carried
WHEREAS, the Board has determined that it is necessary in the public interest that
the impact of the Scarce Resource Restraint imposed by COAH be discussed in
executive session and has estimated that, as nearly as can now be determined, the
results of the discussion can be disclosed to the public when appropriate.
NOW THEREFORE, it is resolved that the public be excluded from the executive
portion of the meeting, during which only the aforestated matter will be discussed.
No formal action will be taken.
The Board adjourned the public hearing at 9:45 p.m. to go into Executive Session.
The Board adjourned the Executive session and re-opened the Public Meeting at
10:10 p.m.
Comments by Members
Mr. Becker noted that this would be his last meeting as a Board member.
There being no further business to discuss, the public meeting was adjourned at 10:15
p.m.
Respectfully submitted,
Frances Florio
Secretary to the Board
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TOWNSHIP OF BERNARDS
COUNTY OF SOMERSET
ZONING BOARD OF ADJUSTMENT
NOTICE OF CONTRACT AWARD
RESOLUTION #0807
BE IT RESOLVED, by the Board of Adjustment of the Township of Bernards
(herein “Board”), Somerset County, New Jersey, as follows:
WHEREAS, the Board wishes to engage the services of a professional planner to
perform professional planning services as required for the year 2008, which is a
“professional service” as defined by N.J.S.A. 40A:11-2(6), and which is permitted by
N.J.S.A. 40A:11-5(1)(a) to be contracted for without public bidding; and
WHEREAS, the Board has special confidence in John T. Chadwick, IV P.P. by
reason of the special knowledge and experience demonstrated by him and further by
reason of the scope of services and schedule of compensation proposed;
NOW THEREFORE, BE IT RESOLVED that the Board engage John T.
Chadwick, IV, P.P. as its extra planning consultant for the year 2008.
BE IT FURTHER RESOLVED, that the Chairman is authorized to execute a
contract for the services of John T. Chadwick, IV, P.P., which contract [appended to
this resolution] shall be available for inspection at the Municipal Offices during regular
business hours.
BE IT FURTHER RESOLVED, that Notice of this Resolution and the terms of the
contract for services be published once in an official newspaper of the Board, as
required by N.J.S.A. 40A:11-5(1)(a)(I).
NOW, THEREFORE BE IT RESOLVED by the Township of Bernards Zoning
Board of Adjustment as follows:
1.
2.
3.
4.
The contract will encompass services as outlined in the submitted
contract/invoice dated April 3, 2008, appended to this resolution.
The contract term is from January 1, 2008 through December 31, 2008 at the
hourly rate of $185.00, up to a maximum of $975.00.
The line item appropriation or ordinance to be charged is 8-01-21-185-204.
As required by law, the parties to this contract agree to incorporate into this
contract the mandatory affirmative action language promulgated by the
Treasurer pursuant to PL 1975, c127, which is attached to this resolution as
Exhibit A.
I agree to the terms as stated in this Resolution and by signing this document, I am
committed to follow all terms of this award.
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__________________________________________
John T. Chadwick, IV, P.P.
Treasurer’s Certification
I, Terri Johnson, Supervisor of Treasury Services of the Township of Bernards,
hereby certify that adequate funds are budgeted for the above referenced purchase in
the amount not to exceed $975.00. Monies will be available in: 8-01-21-185-204
Date: __/__/2008
Terri Johnson, Supervisor of Treasury Services
Dated: _____________, 2008
ATTEST:
ADOPTED:
_____________________________
Frances Florio, Board Secretary
_____________________________
James Ray, Chairman
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ZONING BOARD OF ADJUSTMENT
TOWNSHIP OF BERNARDS
RESOLUTION
WHEREAS, THOMAS J. BITAR, of Dillon, Bitar & Luther, LLC, has
served as the attorney for the Township of Bernards, Zoning Board of
Adjustment from 1972 to 2008; and
WHEREAS, it is with great appreciation that the Township of Bernards,
Zoning Board of Adjustment recognizes Mr. Bitar’s thirty-six years of dedicated
service to the Board; and
WHEREAS, Mr. Bitar served the Board with distinction and all of the
residents of the Township of Bernards have benefited from his knowledge and
expertise in serving the Board;
NOW, THEREFORE, BE IT RESOLVED by the Zoning Board of
Adjustment of the Township of Bernards, on the 3rd day of December, 2008, as
follows:
1. The Board of Adjustment recognizes Thomas J. Bitar, Esq. for his
thirty-six years of distinguished service to this Board and for the benefits
derived by all residents of the Township of Bernards as a result of his dedicated
efforts.
2. This Resolution shall be presented to Thomas J. Bitar, Esq. with the
sincerest appreciation of all of the members, professionals and staff of the
Board of Adjustment for his long and distinguished service to this Board.
3.
This Resolution shall take effect immediately.
ROLL CALL VOTE:
Those in Favor:
Those Opposed:
Becker, Gilmore, Kleiber, Orr, Plaza, Ray,
Schulenburg, Bryan
none
The foregoing is a true copy of a Resolution adopted by the Zoning Board
of Adjustment of the Township of Bernards, at its meeting on December 3,
2008, as copied from the Minutes of said meeting.
______________________________
______
FRANCES FLORIO, Secretary
ZONING BOARD OF
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ADJUSTMENT OF
THE TOWNSHIP OF BERNARDS,
COUNTY OF SOMERSET,
STATE OF NEW JERSEY
Dated: December 3, 2008
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