530 West Hill Road Glen
The Regular Meeting of the Lebanon Township Board of Adjustment was called to order at by Chairman Bruce Terzuolo. Present were: Mr. Machauer, Mr. Kozlowski, Mr. MacQueen, Mr. Nagie, 1st Alternate Eberle, Attorney Guy Wilson and Engineer Leo Santowasso.
Notice of this meeting was
provided for in the “Annual Meeting Notice Schedule” adopted by this board on
PRESENTATION OF MINUTES:
Motion by Mr. Nagie and seconded by Mr. Kozlowski to approve the minutes as presented. Unanimously approved with the following board members abstaining: Mr. Machauer, Mr. MacQueen and Mr. Terzuolo.
Motion by Mr. Nagie and seconded by Mr. Kozlowski to approve the minutes as presented. Unanimously approved with the following board member abstaining: Mr. Eberle.
PRESENTATION OF BILLS:
a. John Gallina, Esq. $210.00 – Escrow (Cingular)
b. Banisch Associates $345.90
- Attend Bd Mtg
$ 41.10 - Escrow (Cingular)
c. Court Stenographer $200.00
– Attend Mtg
Motion by Mr. Eberle and seconded by Mr. Nagie to approve the bills as presented. Unanimously approved.
Mr. MacQueen announced that due to a conflict of interest he will step down from the Robert Amerman application.
Robert Amerman Block #35
8 Birchwood Court Antler Road RC 7½
PUBLIC HEARING Section 18-3.4b7 Build a Single Family Dwelling
Attorney Guy Wilson announced that all the notices are in order and the board can proceed with the hearing. The following items were marked into evidence: A1-Notice in Newspaper, A2-Affadavit of Proof of Service, A3-Certified List of Property Owners, A4-Notice to the Property Owners, A5-POD Slips, A6-Zoning Denial, A7-Taxes Paid.
Attorney Jay Thatcher announced he was representing the applicant Robert Amerman made a presentation to the board. Attorney Thatcher had the following items marked into evidence: A8-Survey prepared by David Newton Land Surveyor dated April 14, 2006, A9-Letter from Fire Chief Warren Gabriel date July 30, 2006, A10-Deed of Easement dated November 11, 2005 from Gary & Janet MacQueen, A11-Deed of Easement dated July 19, 2006 from Mr. & Mrs. Bailey.
Attorney Thatcher had the
applicant Robert Amerman sworn in at this time.
Mr. Amerman informed the board that he has owned the property since
October 1965. Mr. Amerman stated his
property is accessed from
property line which is just below the Carr property.
Attorney Thatcher reviewed
for the board 8 photographs. Mr. Amerman
stated that he took the photographs within the last 30 days. The first photo showed the entrance to
Attorney Thatcher informed
the board that the percolation tests and soil logs all passed. Attorney Thatcher referred to the letter
from Fire Chief Warren Gabriel and asked to have it marked as A16. Ms. Glashoff noted the letter was marked earlier
as A9. Attorney Thatcher also noted since
Chairman Terzuolo asked if
the board had questions of the applicant.
Mr. Eberle asked about the old drift-way that was abandoned and wanted
to know if the boulders would stay where they are located blocking the old
drift-way. Attorney Thatcher stated the
boulders are on the MacQueen property and it is up to Mr. MacQueen on whether
or not he wants to keep the boulders.
Mr. Kozlowski asked if there was an easement from the Bailey property to
At this time, Chairman
Terzuolo opened the hearing to the public for questions of the witness. Mr. MacQueen asked if they were missing a
deed of easement from Robert Em. Jr. Attorney Thatcher responded stating that both
are recorded as one deed of easement for MacQueen and Em. Engineer Santowasso asked for classification
on the map the 50’ ROW from
Chairman Terzuolo asked if
there were any further questions of the witness. Attorney
Attorney Thatcher stated
there use to be a loop when you went up on the Carr property it swung to the
east, came around and came back over the drift-way like a big circle and what
has happened is that it hasn’t been in use for years. From the public, Mr. MacQueen responded
stating that was not correct. Attorney
Mr. MacQueen stated that
Attorney Thatcher stated his
next witness is Land Surveyor David Newton.
Mr. Newton was sworn in to give testimony. Mr. Newton informed the board that he
prepared the survey for Mr. Amerman. Mr.
Newton said that in traversing
Attorney Thatcher had his
next witness sworn in, Planner Joseph Layton.
Attorney Thatcher asked if Planner Layton had a chance to drive
At the conclusion of Planner
Layton testimony, Chairman Terzuolo asked if the board had questions. Mr. Machauer asked regarding a large piece of
fire equipment, how many places are
there that they can adequately turn around and get back out. Planner
Chairman Terzuolo opened the
hearing to the public for questions.
There were none. Chairman
Terzuolo stated that he was not comfortable with not having a specified
driveway and asked Engineer Santowasso to impose a condition of approval that there
will be an adequate turn around for a large fire truck. Chairman Terzuolo stated that with other
private lanes, the board’s engineers firm has specified the radius that would
perfect the fire vehicles safe access and not getting stuck. The board would like to see prior to any
construction permits, that a proper turnaround be installed and inspected by
Heritage. Engineer Santowasso noted a
site issue to the right as you access
Chairman Terzuolo announced that the Public Hearing portion of the hearing is now closed. The board deliberated at this time. During the board’s discussion, Chairman Terzuolo reviewed the letter from Attorney Wilson. At the conclusion of the board’s deliberations, motion by Mr. Nagie and seconded by Mr. Kozlowski to grant the relief requested with the following conditions:
a. Approval from all outside agencies having jurisdiction.
b. Design from Board Engineer concerning the swing radius of the driveway
for the property coming off of Antler to accommodate emergency vehicles
c. Trimming of trees at entrance of
d. Amend the survey to reflect easements between Bailey, Amerman &
MacQueen and those easements including respective dimensions accurately
survey map. Notation of site triangle
on County Route 626 looking to the right.
e. Easements to be recorded and proof sent to the board secretary to be on file.
August 9, 2006
f. Road improvements to be installed and approved by board engineer before
permits are issued.
g. Permits to be issued within 18 months of approval or variance becomes null
ROLL CALL Yes: Mr. Machauer No: None Absent: Mr. Perry
Mr.Kozlowski Mr. MacQueen
Mr. Terzuolo Mr. Abuchowski
Ms. Glashoff informed the
board the items that will be on the August 23, 2006 agenda. Also, Ms. Glashoff stated that she received a
phone call from Mr. Pfister informing her that he was withdrawing his
application regarding the helipad. She
told the board that she requested a letter to that affect. The applications that have been scheduled for
August 23rd are an Appeal and an Interpretation. Ms. Glashoff also reminded the board that the
Being no further business to come before the board nor comments from the public, motion by
Mr. Nagie and seconded by Mr. Eberle to adjourn the meeting at 8:40 p.m. Unanimously approved.
CHAIRMAN BRUCE TERZUOLO
GAIL W. GLASHOFF, BOARD SECRETARY