REORGANIZATION AND REGULAR MEETING
Lebanon Township Planning Board January 12, 2010
Municipal Building 520 West Hill Road Glen Gardner, N.J.
The 824th Reorganization and Regular
Meeting of the
In compliance with the “Open Public Meetings Act”
notice is hereby given that the
Ms. Glashoff asked Attorney Gallina to swear in the following board members.
SWEAR IN: Jay Weeks, Mayor Class I 1 Year Term
Art Gerlich Class II 1 Year Term
George Piazza, Committeeman Class III 2 Year Term
Gary MacQueen Class IV 4 Year Term
Rick Weiler Class IV 4 Year Term
Chris Piasecki Class IV 4 Year Term
Darryl Schmidt Class IV 4 Year Term
Congratulations to all appointees.
NOMINATIONS FOR CHAIRMAN:
Ms. Glashoff asked for nominations for Chairman. Mr. Rich made a motion to nominate Gary MacQueen as Chairman and seconded by Ms. Bleck. Being no further nominations, motion by Ms. Bleck and seconded by Mr. Piazza to close the nominations. Unanimously approved. At this time Chairman MacQueen took over the meeting. Congratulations Mr. MacQueen.
NOMINATIONS FOR VICE CHAIRMAN:
Motion by Mr. Rich and seconded by Mr. Weiler to nominate Ms. Bleck as Vice Chairwoman. Unanimously approved.
NOMINATIONS FOR SECRETARY AND ASSISTANT SECRETARY:
Motion by Ms. Bleck and seconded by Mr. Piazza to nominate Art Gerlich as Secretary and Rick Weiler as assistant secretary. Unanimously approved.
a. John Gallina, Esq..
b. Michael Bolan, PP)
c. Bayer/Risse, Engrs. (Stephen Risse, Engr.)
d. Gail W. Glashoff, Planning Board Clerk
e. Mark Blount, Esq. (Alternate Board Attorney)
f. James Kyle, PP (Alternate Planner)
g. Jess Symonds, Engr. (Alternate Engr.)
Mr. Schmidt questioned the appointment of Engineer Symonds since he has represented people that had come before the Planning during 2009. The board briefly discussed this and decided to reappoint Engr. Symonds as an alternate and felt that if there were a conflict, then Ted Bayer from Bayer/Risse Engrs would cover the board meeting in Engr. Risse’s absence. Motion by Ms. Bleck and seconded by Mr. Piasecki to appoint all of the above. Unanimously approved.
a. Authorizing Agreement for Professional Services
b. Annual Notice Schedule 2010
Ms. Glashoff reviewed for the board the two resolutions for adoption. Motion by Ms. Bleck and seconded by Mr. Piasecki to adopt both resolutions as presented. Unanimously approved.
Reorganization & Regular Meeting
January 12, 2010
ADOPT RESOLUTION FOR PROFESSIONALS ON PAY TO PLAY:
Motion by Mr. Rich and seconded by Mr. Gerlich to adopt the resolution on Pay to Play for the board professionals. Unanimously approved.
ADOPT PROFESSIONALS CONTRACTS:
a. John Gallina, Esq.
b. Michael Bolan, PP
c. Bayer/Risse Engrs. (Stephen Risse, Engr.)
d. Mark Blount, Esq. (Alternate/Letter of Intent)
e. James Kyle, PP (Alternate Planner)
f. Jess Symonds, Engr. (Alternate/Letter of Intent)
Ms. Glashoff informed the board that she has not received the Letter of Intent from Engineer Symonds and will call him tomorrow to check on the status of the letter. Ms. Glashoff also stated that she has not received a formal contract from Planner Kyle but was informed by him that one was forthcoming. The hourly rate for Planner Kyle is $3.00 less an hour that Planner Bolan. She hopes to have the contract on the next agenda along with Engineer Symonds for approval.
Ms. Glashoff informed the board that all the other contracts are the same as 2009 with no increase in hourly rate. Motion by Mr. Gerlich and seconded by Mr. Rich to approve all the other contracts as presented. Unanimously approved.
APPOINT REVIEW COMMITTEE:
After a brief discussion the following people were appointed to the review committee: Ms. Bleck, Mr. Weiler along with Ms. Glashoff and ,Mr. Schmidt and Mr. Rich will be alternates when Ms. Bleck or/and Mr. Weiler are unable to attend a review meeting.
PRESENTATION OF MINUTES: December 1, 2009 Regular Meeting
Motion by Mr. Rich and seconded by Mr. Schmidt to approve the minutes with a minor correction. Unanimously approved.
ITEMS FOR DISCUSSION:
a. Finalizing Ordinance on Alternative Energy- Planner Bolan
Planner Bolan said the issues the board had from the last review of this ordinance were the maximum amount of kilowatts that were permitted. The board changed the name from Wind Mills to Small Wind Energy Systems. The board discussed sound, abandonment, signs and color. Planner Bolan stated that he went through about 7 different documents that Ms. Glashoff had collected last year. A lot of the information came from the NJ Model Ordinance from the NJ Clean Energy Program. The other was document that came from the American Wind Energy Association. Also ordinances from several municipalities that Planner Bolan said he reviewed in the process of putting our ordinance together. Most of the municipalities besides the NJ Clean Energy Program Model Ordinance all had 100 kilowatts.
Under the Solar Energy portion, Planner Bolan said he added the maximum height for a ground mounted solar energy facility at 15’. Under Small Wind Energy Systems, 3 items were added, “wind generator and the tower shall remain painted or finished in the color or the finish that was applied by the manufacturer, there shall be no signs that are visible from any public road or neighboring property posted on a small wind generator system, sound levels of the wind energy system shall not exceed 50dBA at a common property line”. Under the Abandonment provision, if a system is out of service for a continuous 12 month period it will be deemed to be abandoned. The Zoning Officer will issue a Notice of Abandonment. The property owner has 30 days of receipt to respond. If the owner provides information to prove the system has not been abandoned, the notice will be withdrawn. If the Zoning Officer determines that the system has been abandoned, the property owner will be noticed to remove the system. If the owner fails to remove the system within the time allotted the Township will remove the system and the property owner will be billed for the cost with a lien on the property. Also the system shall not cause flickering shadows on adjoining properties. The board discussed this issue at length. During the discussion, Planner Bolan stated the standards for the solar energy are specific enough that the zoning officer can sign off on them, but the small wind energy systems should have a minor site plan application per Chairman MacQueen. Mr. Gerlich concurred stating that the neighbors should be notified because of the flickering and the decimals. The board decided regarding the wood burning furnaces that the zoning officer should be able to handle them also.
Reorganization & Regular Meeting
January 12, 2010
Mr. Rich brought up the subject of the lot sizes and setbacks based on comments Ms. Bleck has made at the last meeting and asked to revisit this. The board agreed and discussed this issue at length regarding the lot size and setbacks for the wood burning furnaces. In the second draft of the ordinance it states 7.5 acres with 200’ setbacks. The board discussed whether to change the lot size from 7.5 acres to 5 acres and the 200’ setback to 150’ setback. At the conclusion of the discussion, motion by Mr. Piazza and seconded by Ms. Bleck to change the lot size to 5 acres and keep the setbacks at 200’. Unanimously approved.
The board decided to have Planner Bolan make the changes and have it on the next agenda of February 2nd for final approval.
b. Application for Tier II Home Occupation for review
Ms. Glashoff informed the board that she had received a phone call from Mr. Weiler regarding the applications for Tier II. Ms. Glashoff contacted Planner Bolan and also forwarded to him copies of applications for Conditional Use and Site Plan to create a separate application for Tier II. Planner Bolan passed out to the board copies of the application for their comments and review. Planner Bolan noted on page 2 the first nine items are what is in the minor site plan. Ten through nineteen are specific to the standards. Planner Bolan said another change that has to be made is strictly a technical change. The way the standards read now the second two types of Home Occupation are under the Conditional Use section. They shouldn’t be there but under the Accessory Use standard since they are not Conditional Uses anymore. After a brief discussion, Planner Bolan will make the corrections per the board’s request. It was noted that applications are internal and are not done by ordinance. Motion by Mr. Rich and seconded by Mr. Weiler to approve the application to be used for Tier II Home Occupations with a few corrections. Unanimously approved.
c. Update on
Planner Bolan informed the board that the application
was filed on time (December 8th). Planner Bolan said the
Planner Bolan said that he and Ms. Glashoff had a meeting with the owner of a residential care facility in the Township and he has offered to work with us in developing the housing plan using existing bedrooms in the residential care facility and said he thought it was an excellent idea. Planner Bolan asked to have this on the February 2nd agenda and hopefully we can get 8 units of credit out of the residential care facility. Mr. Piazza asked that before we adjourn this evening he would like to discuss the accessory apartment ordinance regarding COAH units and credits. Mr. Piazza noted that he had Ms. Glashoff make copies of that ordinance which everyone has in front of them this evening.
d. Resolution for Planning Board review from Township
Chairman MacQueen noted this is the second resolution
that will be sent to the
Reorganization & Regular Meeting
January 12, 2010
Planner Bolan reviewed for the board the resolution and the comments that were made. Mr. Rich said in reviewing both the memo from Peter Melick and the resolution by Planner Bolan that Peter Melick did a very good job and Planner Bolan did a very good job on the resolution. Mr. Rich said he felt that the board could tweak Planner Bolan’s resolution as follows: #5 should read “The Highlands Council should encourage the Legislature to re-instate the period for dual appraisals”, #6 what is missing is “funding for property losses” a dedicated source of funding should be established to compensate the land owners. There had been discussion on funding but it never made it into the law and it was said it would come later, which it did not. Mr. Rich said putting it into the Resolution as a concern is certainly reasonable. Planner Bolan will make the changes and email it to Ms. Glashoff before the next Township Committee Meeting.
e. NJLM Legislative Alert – “Time of Decision”
Ms. Glashoff stated that this was also given to the Zoning Board as an FYI and since Time of Decision affects both boards and asked Attorney Gallina to explain to the board what this will mean to municipalities if it becomes law. Attorney Gallina said this is part of the lame duck legislature, the League of Municipalities has asked all the towns to say that this infringes upon home rule. Attorney Gallina said you apply law that is in affect at the time an application is filed and during the process the town changes an ordinance that would affect the application. What they want to do is have it when an application is filed, they would not be affected by any changes in the ordinances, only what was in affect at the time of filing. The League said it infringes on home rule, if an ordinance is lacking is certain areas, the applicant should have to comply with the amended ordinance. The board asked if this law will pass, Attorney Gallina did not think so.
The board asked for the next meeting date. Ms. Glashoff said February 2nd and told the board what would be on the agenda. Mr. Rich said he would be away and not attending.
Mr. Piazza asked to discuss the COAH ordinance on
Supplementary Apartments. Mr. Piazza
noted that lot sizes are not required in the Home Occupation Ordinance. Mr. Piazza said when he settled his parents
estate he sold the property to his son.
There is a barn on the property and it would be perfect for a small
apartment. He asked his son if he would
be interested because the Township could get a COAH credit for low or moderate
income. Mr. Piazza stated he contacted
Planner Bolan noted that what happens when people actually find out what the restrictions are and particularly older people. They did not want to restrict their property, a 10 year lean to them is like death. They spend their whole life paying off their house and when the time comes to sign the papers, it all falls apart. It doesn’t fall apart on acreage, it is on the amount of money they are getting and the terms of the restrictions. Planner Bolan said we need to be doing something else and that he and Ms. Glashoff will be talking about it.
PRESENTATION OF BILLS & REPORT:
a. John Gallina, Esq. $ 490.00
b. Michael Bolan, PP $2,285.40
c. Bayer/Risse Engrs. $ 657.25
Motion by Mr. Gerlich and seconded by Ms. Bleck to approve the bills as presented. Unanimously approved.
Ms. Glashoff said that she handed out to everyone an updated copy of the 2010 Budget as a FYI but for Chairman MacQueen to have for when we go to a budget meeting in February.
Mr. Rich said he wanted to discuss something from our
previous conversation on COAH. Mr. Rich
said it buts the board in an awkward position for Mr. Piazza to be discussing an COAH apartment for his son’s property. Mr. Piazza said he has argued this issue
several times with the Township Attorney and that we should not do anything
with COAH or the
Reorganization and Regular Meeting
January 12, 2010
Being no further business to come before the board, nor comments from the public, motion by Ms. Bleck and seconded by Mr. Weiler to adjourn the meeting at 9:10 p.m. Unanimously approved.
CHAIRMAN GARY MACQUEEN
GAIL W. GLASHOFF, PLANNING BOARD CLERK