TOWNSHIP OF MONROE

ZONING BOARD MINUTES

MINUTES OF REGULAR MEETING

September 24, 2019

Meeting called to order at 7:00 P.M. by Chairwoman Carol Damiani who led the salute to the Flag.

Chairwoman Carol Damiani read the Sunshine Law as follows: In accordance with the Open Public Meetings Act, it is hereby announced and shall be entered into the minutes of this meeting that adequate notice of this meeting has been provided by the following:

Posted on January 6, 2017 on the Bulletin Board of the Office of the Township Clerk, Municipal Complex, 1 Municipal Plaza, and remains on file at that location for public inspection;

Posted on the Bulletin Board of the Office of the Township Clerk;

Posted on the Bulletin Boards within the Municipal Complex;                                   

Printed in the Home News Tribune and Cranbury Press on January 4, 2019;                   

Posted on the Monroe Township website; and

Sent to those individuals who have requested personal notice.

MEMBERS PRESENT:     Chairwoman Carol Damiani, Vice Chairman Vincent LaFata, Mr. Henry Sloan, Ms. Jennifer Hluchy, Mr. Michael Maiolo, Alternate #2 Mr. Gary Busman, and Alternate #4 Mr. Donato Tanzi.  Also present for the Board were Attorney Karl Kemm and Engineer Mark Rasimowicz.

MEMBERS ABSENT:        Mr. Dhaval Patel, Mr. Marino Lupo, Alternate #1 Mr. Louis Masters and Alternate #3 Ms. Rajani Karuturi.  Also absent were Planner Mark Remsa and Director of Planning & Zoning Mr. Robert Hudak.

A motion to approve the August 27, 2019 Minutes made by Mr. Henry Sloan and seconded by Mr. Michael Maiolo and passed unanimously by all members present.

No applications were scheduled to be heard.

MEMORIALIZATION

BA-5137-17              Black Rock Enterprises, LLC, a motion to approve made by Mr. Vincent LaFata and seconded by Mr. Henry Sloan and passed with Chairwoman Carol Damiani abstaining.

Mr. Vincent LaFata asked for clarification on the “timeframe” for Black Rock to vacate.

Mr. Karl Kemm stated the Town will have to take enforcement action because he is not involved with this item.

Mr. Vincent LaFata stated so we (this Board) has no authority to impose anything.

Mr. Karl Kemm stated that was correct.  The Town is aware of it obviously since the denial, but stated he is not sure what action they (the Town) has taken to date.

DISCUSSION

BA-5117-16              Parker at Monroe, a motion to approve extension made by Mr. Vincent LaFata for 18 months and seconded by Mr. Henry Sloan and passed unanimously by all members of the Board present.

PUBLIC PORTION

(No public wished to be heard.)

Ms. Jennifer Hluchy stated she had a question about Loves.  It was my understanding they got shut down.  I was hoping Bob Hudak would be here to kind of confirm from the Township attorney.  I am inquiring because I noticed they are attempting to put up and 8 foot fence along their property.

Mr. Karl Kemm stated not sure what has gone on most recently but a few months ago maybe a year ago they were in superior court in New Brunswick regarding the mulching and grinding.  It was a condition then to put a fence up.  I am not sure what has happened recently in Municipal Court.

Ms. Jennifer Hluchy stated there are mounds and mounds of debris being accepted and being stored on site.  Who enforces this or is watching this.

Mr. Karl Kemm stated that unfortunately the Board does not have any enforcement powers.

Ms. Jennifer Hluchy asked if they were restricted from accepting, I know they cannot grind.  Who is monitoring this?  There has to be limits.

Mr. Karl Kemm stated DEP has maximum amounts permitted.

Mr. Mark Rasimowicz stated that under the use variances and they are still doing parts of it but without site plan approval.  Should it be null and void.

Mr. Karl Kemm stated they should have site plan.

Mr. Mark Rasimowicz stated DEP has limits but does not regulate and County don’t either, so it falls on the Township.  Under, I think Use Variance approval they were to submit reports, I’m not sure if monthly or quarterly.  Is that happening through Bob Hudak’s office or Sal.

Mr. Karl Kemm stated he needed to speak to Bob about that.

Mr. Vincent LaFata stated he has a comment or question about RKD Tree Service, Powersaws:  Back when we gave them permission they had 30 days to do some work and I don’t think they completed their obligation  under the resolution.  Mr. LoPresti got up last month and testified under oath that everything was done and in order.  Mr. Hudak indicated to the Board that everything was signed and in the office and I don’t know if that’s to be true at this point.  It also indicated that in the resolution that any failure or any part of it could be revoked their right to do business.  Does this fall to zoning.  We put these conditions in the resolutions and they can do whatever they want to do.

Mr. Karl Kemm stated that unfortunately the way the law set up the zoning board is to hear and decide an applications, no follow up or enforcements.

Mr. Vincent LaFata asked but if they violate the resolution, isn’t that a legal matter, the Board can take action on.

Mr. Karl Kemm stated no, the Board cannot.  The Town would need to enforce that.

Mr. Vincent LaFata stated it will be harder because we volunteer our time and it seems we have no teeth or skin once they walk out of this room, they can do whatever they want.

Mr. Karl Kemm stated he will raise these 2 issues to Bob Hudak and follow up next month.

Mr. Gary Busman suggested that a letter not only to Bob Hudak, but the Council President and the Mayor be copied on all correspondence laying out the terms and what should be done from this Board.  (He was informed this is a Zoning Board matter.)

Mr. Michael Maiolo asked about the mandatory course.  (Informed you must take the course within 18 months of appointment to the Board.

A motion to adjourn at 7:28 p.m. made by Mr. Vincent LaFata and seconded by Mr. Henry Sloan and passed unanimously by all members of the Board present.

Respectfully submitted,

LAURA ZALEWSKI

ZONING BOARD SECRETARY