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lived near cause a considerable amount of angst who came before the council in 2016; asked the Township with anger and frustration and fear about her property was rezoned without the resident being informed. The owner sold the property however that property is valuable piece of land to the ecosystem it is piece of buffer land, its clear field, it is home to several threatened endangered species that they have documented and stated other species.
Council President Kern asked if the resident still owns the property. Mr. Rapp stated no. Council President Kern asked when the zoning change and if was when master plan changed in 2010. Mr. Rapp stated the zone changed from residential to limited commercial. Mr. Rapp stated they currently have an application they are going for a use variance and the purpose development. Standard septic system it is going to be used for different stores and will be used to go surrounded by business.
Councilman Sauickie asked does the property have frontage on Bennetts Mills Road and is it land locked property. Mr. Rapp stated no; its landlocked property other than the dirt road that goes along the side of it which is a right of way.
Council President Kern stated they would have to go before a Board- Planning or Zoning. Mr. Rapp stated they currently have an application they are seeking a use variance and the proposed development consists of two 9,600 square foot warehouse, retail, office on sales from those properties to accommodate 24 parking spaces and a minimal septic field which stands the lowest feet from his neighbor's corner of her horse farm.
Attorney Greg McGuckin stated if it is before Planning Board the Township cannot change the Ordinance if it's under review with the Board.
Council President Kern told Mr. Rapp we do understand your comment; we’ll take into consideration and speak to our Attorney and speak to whoever else we can speak to about it. There is no statement that we can make tonight and there’s nothing we can do today. Preserving land is very important to this Council; as the Attorney stated there are many laws that prevent us from making changes that you had hoped when you came here. It is before the Zoning Board it is an active application there is no comment that we can make about it.
Mr. Rapp wants Council to take a look at the map, to look at the water table and the species of animals that live there. Stated the negative impact on their quality of life, the safety of the children and their house values.
DEBORAH ARTZ- 16 JOHNSON LANE - Stated the property that Mr. Rapp was talking about is on the side of her property she is in middle of two properties. Ms. Artz was unaware that her zoning was changed; it went from R1 to LC since she bought her property in 2016. She was never informed about the zoning change. Now she is getting calls, text and people coming to her house to ask her to sell her home.
Council President Kern asked Ms. Artz what year did she purchase her house. Ms. Artz stated 2016 it was changed to LC however, all her documents have Zone R1 on them. Council President Kern stated the master plan has not been changed since 2010. Stated Ms. Artz should go speak to the Tax Assessor to make sure her zone is zoned correctly. There's an active application on this.
Councilman Sauickie asked Attorney Greg McGuckin in general no applicant involved here, in the case of 2010 when the master plan was opened up and zones were apparently changed. Would there be notice written provided to the people in the area.
Attorney Greg McGuckin stated there would have not been separate notice to the property owner it would be advertise as part of the master plan, moving advertisements on the public hearings and each ordinance would have been advertised as any ordinance in the newspaper with public hearings thereon here in town hall. There wouldn't be separate individual notice but there would be notice of the master plan hearings publicly and the ordinance changes are all announced publicly published publicly and then the hearing is held here.