Joint Land Use Board

MEETING MINUTES

March 25, 2020

7:00p.m. @ Municipal Complex

 

Call to Order- Chairman Tom Kimball called the March 25, 2020 meeting to order at 7:00pm

 

Flag Salute

 

Statement – Provisions of the Open Public Meetings Act

“The provisions of the Open Public Meetings Act have been met.  Notice of this meeting has been transmitted to the Burlington County Times and the Courier Post, given to those having requested and paying for the same and posted on the bulletin board in the foyer of the Municipal Building “

 

Roll Call For Attendance

In Attendance: Ron DeBaecke, Dave Forsyth, Joe Greene, Greg Grauer, Tom Kimball

Absent: Russ Comisky, Jim Durr, Debbie Kucowski, Patricia Mellor, Brendan O’Donnell, Jack Smylie

 

Minutes for Approval

 

-         February 26, 2020

Name

Motion

Second

Aye

Nay

Abstain

Absent

Russ Comisky

 

 

 

 

 

X

Jim Durr

 

 

 

 

 

X

Ron DeBaecke

X

 

X

 

 

 

Dave Forsyth

 

 

X

 

 

 

Joe Greene

 

 

X

 

 

 

Debbie Kucowski

 

 

 

 

 

X

Patricia Mellor

 

 

 

 

 

X

Brendan O’Donnell

 

 

 

 

 

X

Jack Smylie

 

 

 

 

 

X

Greg Grauer

 

X

X

 

 

 

Tom Kimball

 

 

X

 

 

 

 

 

Memorialization of Resolution 2020-08- Greene Extension Request for Subdivision Filling- Resolution 2019-06

NORTH HANOVER TOWNSHIP

JOINT LAND USE BOARD

RESOLUTION 2020 - 08

 

RESOLUTION GRANTING A

ONE-YEAR TIME EXTENSION FOR

MINOR SUBDIVISION FILING FOR

JOSEPH J. GREEN

BLOCK 500, LOTS 18.02 & 18.03

 

        WHEREAS, Joseph Green (the Applicant), has previously received minor subdivision approval and variance relief from the North Hanover Township Land Use Board (the Board), with respect to the property commonly known as Lots 18.02 and 18.03 in Block 500, as shown on the official tax maps of North Hanover Township; and

        WHEREAS, the Applicant now seeks a one-year time extension with respect to this application; and

        WHEREAS, this matter was the subject of a public hearing held before the North Hanover Joint Land Use Board on February 26, 2020; and

        WHEREAS, at the time of the public hearing, the Applicant submitted the testimony of Joseph Green, the owner of Lot 18.02 and 18.03; and

        WHEREAS, the Applicant now seeks a one-year time extension because the Applicant’s filing was delayed by forces not of his own making. Specifically, the Applicant testified to problems arising from engineers miscommunicating; and

        WHEREAS, the Board is satisfied that the Applicant has submitted sufficient reasons to grant the relief requested; and

        NOW THEREFORE BE IT RESOLVED on this 26th day of March, 2020, by the North Hanover Joint Land Use Board, that the Applicant’s request for a one-year time extension with respect to its previously received approvals be and hereby is approved subject to the Applicant complying to all terms and conditions set forth in the preamble of this Resolution, as well as the initial Resolution of approval granted in 2019; and

        IN SO APPROVING the Applicant’s request for a time extension, the Land Use Board of the Township of North Hanover has made the following findings of fact and conclusions of law and further declares:

1.     The Applicant has a proprietary interest in this application.

2.     All requisite fees and real estate property taxes have been paid in full to date.

3.     The Applicant has complied with all notification requirements of the municipal land use ordinance of the Township of North Hanover.

4.     The application is a “complete application” as defined by the municipal land use ordinance of the Township of North Hanover.

5.     The application is a substantial compliance with the zone plan and will not unduly impact upon the neighborhood scheme.

6.     The Land Use Board adopts the preamble of this Resolution as its findings of facts and has relied upon these findings in the decision rendered by the Board.

7.     The Applicant has submitted sufficient reasons to grant the requested relief herein.

BE IT FURTHER RESOLVED that this approval is further conditioned upon the following:

 

1.     The receipt by the Applicant of all approvals and compliance with all permit conditions from any Federal, State, County or local regulatory agency having jurisdiction over this application.  Upon receipt of such approvals, the Applicant shall provide a copy of any permit or written evidence of approval to the Board and its professional staff.  If any agency requires a change in the plans approved by the Board, the Applicant must reapply to the Board for approval of that change.

2.     The Applicant shall provide a statement from the North Hanover Township Tax Collector that all taxes are paid in full as of the date of this resolution and as of the date of the fulfillment of any conditions in this resolution and the failure to provide such a statement shall render this resolution null and void abs initio.

3.     The Applicant shall reimburse the Board for all professional fees extended or expended with regard to this application.

4.     The Applicant shall comply with all provisions of the reports of the Board’s professional engineer and planner except as modified herein.

5.     The Applicant shall comply with all representations made before the Board by its attorney, engineer and other expert witnesses as the Board has specifically relied upon those representations in granting the approvals set forth herein.  Failure to comply with such representations will render any approvals herein null and void ab initio.

6.        Applicant shall resubmit this entire proposal for re-approval should there be any deviation from the terms and conditions of this resolution or the documents submitted as part of this application, all of which are made a part hereof and shall be binding on the Applicant.

7.        Applicant shall post an inspection fund with the Township Clerk in an amount to be determined by the Township Engineer.

8.     Unless specifically modified herein, the Applicant shall comply with all terms and conditions of all prior resolutions of the North Hanover Township Planning Board regarding this application.

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the following:

1.        Burlington County Board of Health

2.        Burlington County Planning Board

3.     North Hanover Township Joint Land Use Board;

4.        Township Clerk; and

5.     Zoning Officer.

                               

DATE ADOPTED:  February 26, 2020

 

DATE MEMORIALIZED: March 25, 2020

 

FOR ADOPTION: Russ Comisky, Jim Durr, Ron DeBaecke, Dave Forsyth, Debbie Kucowski, Patricia Mellor, Jack Smylie, Greg Grauer

 

AGAINST:

 

ABSTENTIONS/RECUSALS: Joe Greene, Brendan O’Donnell

 

Name

Motion

Second

Aye

Nay

Abstain

Absent

Russ Comisky

 

 

 

 

 

X

Jim Durr

 

 

 

 

 

X

Ron DeBaecke

X

 

X

 

 

 

Dave Forsyth

 

 

X

 

 

 

Joe Greene

 

 

X

 

X

 

Debbie Kucowski

 

 

 

 

 

X

Patricia Mellor

 

 

 

 

 

X

Brendan O’Donnell

 

 

 

 

 

X

Jack Smylie

 

 

 

 

 

X

Greg Grauer

 

X

X

 

 

 

Tom Kimball

 

 

X

 

 

 

 

 

Memorialization of Resolution 2020-09- Metzger/Kornfeld Extension Request for Subdivision Filling- Resolution 2018-08

NORTH HANOVER TOWNSHIP

JOINT LAND USE BOARD

RESOLUTION 2020 - 09

 

RESOLUTION GRANTING A

ONE-YEAR TIME EXTENSION FOR

MINOR SUBDIVISION FILING FOR

METZGER/KORNFELD

BLOCK 301, LOTS 11 & 13

 

                WHEREAS, Frank Kornfeld and Susan Metzger (the Applicant), have previously received approval from the North Hanover Township Land Use Board (the Board) granting minor subdivision approval, with respect to the property commonly known as Lots 11 and 13 in Block 301, as shown on the official tax maps of North Hanover Township; and

                WHEREAS, the Applicant now seeks a one-year time extension with respect to this application; and

                WHEREAS, this matter was the subject of a public hearing held before the North Hanover Joint Land Use Board on February 26, 2020; and

                WHEREAS, at the time of the public hearing, the Applicant submitted the testimony of Frank Kornfeld, the owner of Lot 11; and

                WHEREAS, the Applicant testified that they required a time extension due to delays resulting from outside forces not of their own making, specifically delays resulting from the bank failing to provide proper documents required to file, and engineers miscommunicating; and

                WHEREAS, the Board is satisfied that the Applicant has submitted sufficient reasons to grant the relief requested; and

                NOW THEREFORE BE IT RESOLVED on this 26th  day of February, 2020, by the North Hanover Joint Land Use Board, that the Applicant’s request for a one-year time extension with respect to its previously received approvals be and hereby is approved subject to the Applicant complying to all terms and conditions set forth in the preamble of this Resolution, as well as the initial Resolution of approval granted in 2018; and

                IN SO APPROVING the Applicant’s request for variance relief, the Land Use Board of the Township of North Hanover has made the following findings of fact and conclusions of law and further declares:

1.                The Applicant has a proprietary interest in this application.

2.                All requisite fees and real estate property taxes have been paid in full to date.

3.                The Applicant has complied with all notification requirements of the municipal land use ordinance of the Township of North Hanover.

4.                The application is a “complete application” as defined by the municipal land use ordinance of the Township of North Hanover.

5.                The application is a substantial compliance with the zone plan and will not unduly impact upon the neighborhood scheme.

6.                The Land Use Board adopts the preamble of this Resolution as its findings of facts and has relied upon these findings in the decision rendered by the Board.

7.                The Applicant has submitted sufficient reasons to grant the requested relief herein.

BE IT FURTHER RESOLVED that this approval is further conditioned upon the following:

 

1.                The receipt by the Applicant of all approvals and compliance with all permit conditions from any Federal, State, County or local regulatory agency having jurisdiction over this application.  Upon receipt of such approvals, the Applicant shall provide a copy of any permit or written evidence of approval to the Board and its professional staff.  If any agency requires a change in the plans approved by the Board, the Applicant must reapply to the Board for approval of that change.

2.                The Applicant shall provide a statement from the North Hanover Township Tax Collector that all taxes are paid in full as of the date of this resolution and as of the date of the fulfillment of any conditions in this resolution and the failure to provide such a statement shall render this resolution null and void abs initio.

3.                The Applicant shall reimburse the Board for all professional fees extended or expended with regard to this application.

4.                The Applicant shall comply with all provisions of the reports of the Board’s professional engineer and planner except as modified herein.

5.                The Applicant shall comply with all representations made before the Board by its attorney, engineer and other expert witnesses as the Board has specifically relied upon those representations in granting the approvals set forth herein.  Failure to comply with such representations will render any approvals herein null and void ab initio.

6.                Applicant shall resubmit this entire proposal for re-approval should there be any deviation from the terms and conditions of this resolution or the documents submitted as part of this application, all of which are made a part hereof and shall be binding on the Applicant.

7.                Applicant shall post an inspection fund with the Township Clerk in an amount to be determined by the Township Engineer.

8.                Unless specifically modified herein, the Applicant shall comply with all terms and conditions of all prior resolutions of the North Hanover Township Planning Board regarding this application.

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the following:

1.                Burlington County Board of Health

2.                Burlington County Planning Board

3.                North Hanover Township Joint Land Use Board;

4.                Township Clerk; and

5.                Zoning Officer.

 

DATE ADOPTED: February 26, 2020

 

DATE MEMORIALIZED: March 25, 2020

 

FOR ADOPTION: Jim Durr, Ron DeBaecke, Debbie Kucowski, Jack Smylie, Greg Grauer

 

AGAINST:

 

ABSTENTIONS/RECUSALS: Russ Comisky, Dave Forsyth, Joe Greene, Brendan O’Donnell

 

Name

Motion

Second

Aye

Nay

Abstain

Absent

Russ Comisky

 

 

 

 

 

X

Jim Durr

 

 

 

 

 

X

Ron DeBaecke

X

 

X

 

 

 

Dave Forsyth

 

 

X

 

 

 

Joe Greene

 

 

X

 

 

 

Debbie Kucowski

 

 

 

 

 

X

Patricia Mellor

 

 

 

 

 

X

Brendan O’Donnell

 

 

 

 

 

X

Jack Smylie

 

 

 

 

 

X

Greg Grauer

 

X

X

 

 

 

Tom Kimball

 

 

X

 

 

 

 

 

Application 2020-03- Kaczor- Bulk Hardship Variance- Block 902 Lot 14- 189 Meany Road

Due to current circumstances with COVID-19 the board will carry the application to the May 27, 2020 meeting. Board Secretary Alexandra DeGood acknowledge speaking with applicant and confirming his willingness to carry the application the May meeting. The Board Secretary also read an email from the applicant stating he agreed to the carrying the application to May 27, 2020 meeting.

 

Poultry and Livestock Ordinance 2020-02 Review

Ron DeBaecke Mayor and Land Use Board Member, stated that Township Attorney drafted the ordinance.

 

Name

Motion

Second

Aye

Nay

Abstain

Absent

Russ Comisky

 

 

 

 

 

X

Jim Durr

 

 

 

 

 

X

Ron DeBaecke

X

 

X

 

 

 

Dave Forsyth

 

 

X

 

 

 

Joe Greene

 

 

X

 

 

 

Debbie Kucowski

 

 

 

 

 

X

Patricia Mellor

 

 

 

 

 

X

Brendan O’Donnell

 

 

 

 

 

X

Jack Smylie

 

 

 

 

 

X

Greg Grauer

 

X

X

 

 

 

Tom Kimball

 

 

X

 

 

 

 

 

 

Public Comment

  Board Chairman Tom Kimball opened the floor to public comment. Being no public to comment Ron DeBaecke made a motion to close public comment. Tom Kimball seconded the motion. All in favor.

 

Board Discussion

 Board Chairman Tom Kimball opened the floor to board discussion.

 

Tom Kimball made a motion to close board discussion. Ron DeBaecke seconded the motion. All in favor.

 

Correspondence- NONE

 

Adjournment

 Ron DeBaecke  made a motion to adjourn. Greg Grauer seconded the motion. All in favor. Meeting adjourned at 7:05pm.