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MINUTES OF THE HARDYSTON TOWNSHIP ZONING BOARD OF ADJUSTMENT MEETING HELD JANUARY 6, 2000

STATEMENT OF COMPLIANCE: Pursuant to the Open Public Meetings Act, Chapter 231, P.L. 1975, adequate notice as defined in Section 3D of Chapter 231 P.L. 1975 has been made to the New Jersey Herald and is also posted on the Bulletin Board at the Hardyston Townshi p Municipal Building.

ROLL CALL:

Ann Kievit - Excused
Bill Walsh - Present
Jim Armstrong - Present
Carl Miller - Present
Santo Verrilli - Excused
J. Laughlin - Excused
David Toye - Present
Bargiel - Present
Leatham - Present

APPROVAL OF MINUTES:
A motion was made to approve of the minutes of December 2, 1999 by Armstrong and seconded by Mr. Walsh. All were in favor. Motion was carried.

APPLICATIONS:
The Pet Spa and Resort - Block 75, Lot 45.01 - ZB-10-99-1: Dodick, Esq., was present to represent the applicant. The applicant, Marian Duffy-Sykes was sworn in. The applicant reviewed Mr. Guerin's engineer's report dated October 1, 1999.

The issues raised in item number 2 were discussed relative to the parking area. Mr. Guerin noted that there were supposed to be four spaces next to the handicapped spot and they were moved. Mrs. Sykes stated that if they put the spaces where they were originally proposed they would be near the kennel runs. After looking at the map, Ms. Sykes noted that the area that was originally proposed was very wet and their engineer did not think that it would be suitable.

Mr. Guerin noted that there was substantial change to the plan and their engineer did not first discuss the change with Mr. Guerin prior to implementing the changes in the field. Mr. Miller noted that it is the Board's policy that all changes need to be discussed prior to being implemented. He suggested that in the future, if any changes be made in future expansion, etc., to the site, all issues should be discussed with Mr. Guerin.

Mr. Guerin noted that while he was not told before it was being done, he does not have any engineering problems with the change.

Item 3 related to the fact that the proposed dog runs proposed along the east side rear of the building were replaced with a fenced open area. The applicant advised that they made that change due to financial constraints.

The meeting was opened to the public. A member of the public, Mr. David Toye came forward and advised that he is an adjacent property owner. David Toye was sworn in. He advised that he has an easement through the Pet Spa property for access. He noted that there is a reference on the map to his easement for a 10 foot travel right-a-way. He requested that the Pet Spa increase the easement to 16 feet and the applicant had already agreed to give him the additional right-of-way width. Mr. Toye noted that the easement was recorded by deed. Mr. Brigliodoro noted that a new deed needs to be filed to reflect the increase in width. The matter is to be taken care of between the parties.

It was noted that as a condition of approval, the applicant needs to provide proof that the deed is recorded. The applicant noted that they voluntarily agree to provide the additional easement to Mr. Toye. Mr. Guerin noted that it should be determined who will prepare the deed. It was noted that the applicant will prepare the deed.

There was no further comments from the public. The hearing was closed to the public. There were no further questions or comments from the Board or the Board professionals.

A motion was made by Mr. Walsh to grant an approval of final site plan upon the application. The motion was seconded by Mr. Armstrong. Roll Call: Walsh, yes; Miller, yes; Armstrong, yes; Toye, yes; Bargiel, yes; Leatham, yes. Motion was carried.

DISCUSSION:

Marianne Smith updated the Board on the proposed Smart Growth Planning Grant application to be submitted at the end of the month for consideration for funding. The Board reviewed the draft and offered its unanimous support. A motion was made to adopt the attached resolution endorsing and supporting the submission of the proposed grant application. The motion was made by Mr. Armstrong and seconded by Mr. Walsh. All were in favor. Motion was carried.

BILLS:

A motion was made by Mr. Armstrong and seconded by Mr. Walsh to pay the following bills:

Weiner Lesniak - $294
Guerin Engineering $590
Guerin Engineering 127.50

Roll Call: Walsh, yes; Armstrong, yes; Toye, yes; Bargiel, yes; Leatham, yes; Miller, yes. Motion was carried.

ADJOURNMENT:

Having no further business, a motion was made by Mr. Walsh and seconded by Mr. Armstrong to adjourn the meeting. All were in favor. Motion was carried. Meeting was adjourned.

Minutes prepared by:

Marianne Smith


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