BOA - 2017 - Minutes

Minutes – Hardwick Township Zoning Board of Adjustment January 17, 2017

Approval of Minutes : The regular meeting minutes of December 20, 2016, were distributed prior to the meeting. Mr. Rossi noted a misspelling in his name. Mr. Rossi made the motion to adopt the minutes, as amended. Motion seconded by Chairwoman Butler. In a roll call vote, all were in favor, except for Mr. Green who was not present at the December meeting and is ineligible to vote on the minutes and Ms. Schemm who abstained. Old Business: #ZB-16-002 Redd Stag LLC, Block 1103, Lot 1-Interpretation Richard Keiling, Esq was present on behalf of the application. Also present John P. Florio, who was sworn in and he reviewed that Redd Stag LLC purchased the house in Hardwick in the summer of 2015. He stated that the group of employees, residing at the home, work as a family group. He stated that they lived together in another house in Elizabeth, prior to living together in Hardwick. He stated that the house is not restricted to any of the residents that live in the house. He stated that the residents pay for their own food and internet and they are responsible for the outside and inside maintenance of the home. He stated that JAFLO currently has numerous contracts that go into 2019. He stated that JAFLO has an agreement with Redd Stag in regards to the house. He stated that he would discourage the parking of bucket trucks at the propoerty. Board Engineer Rodman reviewed his site inspections and the vehichles that were parked at the property. Mr. Rossi stated that he walks past the property and in his observation it seems as if the residents of the home are good citizens. Ms. Butler questioned the housing fringe benefit, which was discussed with the Board and the Applicant. The hearing was opened to the public. With there being no public comment, the hearing was closed to othe public. Attorney Keiling then provided his closing comments in support of the Interpretation. He reviewed the case law and he supplied a definition of " evanescent". He reveiwed the testimony that was provided in regards to the living arrangements. He reviewed the Glassboro case law decsision, which had been distributed. He asked that the Board make the determination that the proposal, as testified, operates as a family unit. Ms. Butler asked what would happen if there were vacancies in the house and if it could become transient in nature, which was discussed. Ms. Schemm questioned whether "room mates" would be permitted and when does a house become a "Boarding House", which was discussed. She also questioned the case law pertaining to a "single family house keeping unit", which the Board discussed. Board Engineer Rodman reviewed that the Federal occupancy policy, of two people to a bedroom, has been determined to be reasonable. Mr. Ohl stated that he drives past the house several times a week and he has never seen any issues or heard of any issues. He stated that there was testimony provided that some of the Residents are related. Mr. Wolff stated that the situaion is unique as three of the eight residents are related. Board Secretary Schemm acknowledged that Mr. Rossi did listen to the audio of the November hearing and should be eligible to vote on the matter. The Board discussed the fact findings that were presented during the testimony, which will become part of the Resolution. Board Attorney Aaroe also addressed the Board's review of the testmony.

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