Zoning Board Quorum in Jeopardy as Another Recusal Takes Place for United Water Hearings

The New Milford Zoning Board of Adjustment will now have the bare minimum of five sitting members for a quorum as Joseph Binetti recused himself from the remaining United Water hearings on Tuesday night.

Binetti is now the third member to be recused from the United Water hearings following Board Chairman Karl Schaffenberger's decision in February 2012 and then Vice-Chairman Ronald Stokes' recusal in late March 2013. 

"It is not my choice to recuse myself, having been a part of the application from the beginning," Binetti said. "I thought I have served both sides well listening during these many, many months. If an application comes in front of me that may effect my livlehood, I will do the best of my ability to sit here and repesent the board. Based on what counsel has told me, it could hurt the people in the long run and because of that I will take his advice and recuse my self from the rest of this application."

Binetti is a broker for RE/MAX of New JerseyNew Milford, Teaneck and Dumont areas. According to board attorney Scott Sproviero, a potential conflict was raised after Binetti sold the home belonging to afamily member of an objector to the United Water project.

"I am satisfied that there no conflict does exist," Sproverio said. "However the law states that if a relationship can be construed to cause the appearance of a conflict, that in those situtations the board member should consider recusal from the application."

Still remaining on the Zoning Board are pro-tem chairwoman Eileen DeBari and board members Gerald Ix, Lou Denis, Joe Loonam and Peter Rebsch.

According to Sproviero, members from the Planning Board could be brought in to satisfy the required quorum. However, those members would have to be brought up to speed in over 30 meetings that have taken place.

Previously Schaffenberger recused himself from the proceedings citing the public comments he made regarding the environmental impact of the development of that property at the Nov. 28 meeting of the Mayor and Council where representatives from United Water were in attendance. 

Stokes decision came following a closed session discussion after concerns raised by Hekemian's attorney, Andy DelVecchio relating to New Milford School Superintendent Michael Polizzi letter to the Board.

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