REGULAR MEETING
Municipal Bldg
530 West Hill Road Glen
The 796th Regular
Meeting of the Lebanon Township Planning Board was called to order at
Notice of this meeting was
provided for in the “Annual Meeting Notice Schedule” adopted by this board on
PRESENTATION OF MINUTES:
Motion by Mr. Piazza and
seconded by Mr. Schmidt to approve the minutes as presented. Unanimously approved.
RESOLUTION:
a.
Amend Site Plan with conditions Route 31 B2
After review of the
resolution, motion by Mr. Piasecki and seconded by Mr. Piazzi to approve the
Resolution to amend the Site Plan with conditions.
ROLL CALL Yes: Ms. Bleck No: None Abstain: Mr. Weeks Absent:
Mr. MacQueen
Mr. Schmidt Mr. Rich Mr. Gerlich
Mr. Piasecki
Mr. Weiler
Mr. Piazza
Ms. Glashoff asked to address
an issue regarding an Escrow bill for Davara at this time. Ms. Glashoff stated that when Mr. English
came in to submit all the notices for the public hearing, he informed Ms. Glashoff
that he was not bringing his attorney because he is an LLC and that he did not
need to have his attorney present. Ms.
Glashoff told him she thought he did need his attorney but would contact
Attorney Gallina and get a legal opinion.
Ms. Glashoff was concerned because if Mr. English did not bring his
attorney when one was needed, Attorney Gallina would have informed the board
and Mr. English that they could not proceed with the
public hearing. When Attorney Gallina
informed her that Mr. English did need to bring his attorney, Ms. Glashoff
contacted Mr. English and informed him.
Mr. English faxed a memo stating that he did not authorize her to
contact Attorney Gallina and is not paying the charges for Attorney Gallina’s
legal research on this issue.
The board was informed by
Attorney Gallina that Ms. Glashoff does not have to get authorization from the
applicant. The board agreed. After discussion by the board, Ms. Glashoff
will contact Mr. English and inform him that the charge of $197.40 will be charged
to his escrow account. Per Attorney
Gallina, if Mr. English wants to pursue this, there is a procedure under the
MLUL that he can appeal to the Township Committee.
REQUEST FOR A WAIVER FROM CONDITION #8 IN RESOLUTION:
a. C&C
Homes Block
#34
Minor Subdivision/Variance/Design
Waivers with conditions
(Enclosed pages 13 & 14 of Resolution)
Attorney Guliet Hirsch and
the applicant Bob Cassavell were present to discuss the request. Attorney Hirsch stated they were informed by
there Engineer Eric Rupnerian that the grass pavers are considered impervious
cover by the NJDEP under the Highlands Rules and they are requesting the right
to eliminate the two foot grass paver along the cul-de-sac bulb in order to
minimize impervious coverage.
Engineer Risse informed the
board that the applicant request was reasonable and made sense and recommended
the waiver request. Attorney Gallina
referred to Engineer Risse’s letter dated
Page 2
Piasecki to grant the request
for a waiver from condition #8 in the Resolution dated February 15, 2005 with
the following conditions:
a. Approval from Hunterdon County Planning Board
before deeds are stamped and signed.
b. Condition #8 is amended to read that the
Cul-de-sac bulb will have a radius of 42 feet.
The full width of the bulb will be paved with
asphalt.
c. The
construction code official shall require a sign off from the Township Engineer
for
each lot’s bio-retention swale prior to
issuance of a C.O. for that lot. Should a lot’s
actual development plan result in the
construction of the bio-retention swale in an
area other than as depicted on Sheet 4 of
11 of the approved Subdivision Plan, a
revised bio-retention swale easement
metes and bounds description shall be reviewed
and
approved by the Township Engineer and recorded as an amended Exhibit B2 in
that lot’s deed prior to the issuance of
a C.O. for that lot.
ROLL CALL Yes: Mr.
Weeks Mr. Rich No: None
Mr. Schmidt Ms. Bleck
Mr. Piasecki Mr. Piazza
Attorney Gallina will prepare the Resolution for the
next Planning Board Meeting on March 20, 2007.
ITEMS FOR DISCUSSION:
a.
Planner Bolan reviewed for
the board his memo dated March 1, 2007.
Planner Bolan also had an ex-large vision of the Land Use Map of Lebanon
Township purposed by the
Approximately 90-95% of the
Township is within a High Integrity Forest Area and the entire Township is
within the Critical resource habitat Area.
85-90% of the Township is within the Agricultural resource Area. If there is a conflict, which standard will apply?
In referring to Wellhead Protection,
schools are a public non-community water supply and fall in a wellhead
protection area. This standard prohibits
the expansion of schools. Does this mean
that expansion of any school is prohibited if served by well-water?
The
The entire Township is within
the Critical Resource Habitat Area. This
section prohibits new land uses or modifications to existing land uses with
this area unless approved by the Highlands Council. How does the Highlands Council intend to
compensate landowners for this prohibition.
85-90% of the Township is within the Agricultural Resource Area. The standards are specific to the
Conservation Zone which is 12% of the Township.
One of the zones standards limits permissible uses within an
Agricultural Resource Area to those uses of land that support the preservation
of farmland and the continued viability of the agricultural industry. One of the standards which applies throughout
the Agricultural resource Area in the Township prohibits non-agricultural land
development or alternation that is incompatible with the protection an
enhancement of agricultural production.
Another standard requires open space design methods for development
other than agricultural development.
These standards are contradictory.
Attorney Hirsch was present
for the presentation by Planner Bolan.
Planner Bolan asked Attorney Hirsch for her input. Since Attorney Hirsch was not by a
microphone, not all of her comments could not be picked up.
March 6, 2007
Page 3
During the discussion, Mr.
Rich stated that he first thought the
Mr. Piazza questioned the
difference between the preservation area, protection and planning areas
considering in a nearby municipality they are building near a stream by the Hess
Station on Route 31 and right by the river along Dead Man’s Curve and wanted to
know how this can happen. Planner Bolan
stated that the difference is that in the preservation area things are
mandatory and in the protection area they are not mandatory. Mr. Piazza stated that he thought water was
the big issue and down the road they are polluting it which doesn’t make
sense. Planner Bolan stated that we have
to revise our Master Plan and any municipality that is totally or partially in
the preservation area has to revise their Master Plans to the extent of the
preservation area. The protection area
they can op into. Mr. Schmidt noted
that they are condemning land and not paying for it and if you own woods
(forested) it’s worthless. Mr. Schmidt
suggested this could have been made simple, have 15 acre zoning per
house/septic and leave the planning to the local planning board. Mr. Rich stated this is a land grab and it is
all about control and power with
corruption soon to
follow. The first thing they should have
worked on if they are going to take land is compensation. Mr. Rich noted that all Planner Bolan’s
points are very valid and good but they are minor tweaks and what we should
really be focusing on is the bigger
picture and asked if this is
really beneficial to
Vice Chair Ms. Bleck asked
Planner Bolan in talking with colleagues are people coming up with the same
frustrations but noting how drastic our situation is. Planner Bolan stated the
Attorney Hirsch (from the
public) suggested our Planner and Attorney put together a position paper
explaining why there are so many things missing from the Plan that even if a
town wants to they can’t bring themselves into compliance because you don’t
know what the standards are, state all the things that are missing and state
with all the things that are missing how can a municipality possibly be
required to have conforming zoning when you don’t know what’s required. Mr. Rich stated that we should take an
aggressive stand on this issue and if we do, then we have done our job. Mr. Rich agreed about putting a position
paper together and that Attorney Hirsch’s suggestion is a good one, but would
go further to say that we object to being in this as it has now developed. Mr. Schmidt asked how are we to redo our Master
Plan when we don’t know what they are doing.
Can we put it off so not to waste money?
Vice Chair Ms. Bleck noted that Planner Bolan’s comments and questions
are very good ones. Mr. Schmidt also
agreed to have the Planner & Attorney along with the help of the Engineer
put the position letter together. Mr.
Piasecki suggested to our professionals to look at the Act itself and try and
get the parameters of the Act and what came out of it and attack it that
way. It the Plan does not comport with
what the Act requires then that’s the best attack. Planner Bolan agreed. Mr. Piasecki stated they have been so
hap-hazard with the way they put this together that they have forgotten the Act
and what it requires and have gone off on their own. Planner Bolan noted that when this Plan came
out none of the technical reports were out, none of the maps were out. A GIS person could not go online and get the
shape files that would show what these maps were. The maps are inconsistent on whether you are
identifying municipality boundaries or county boundaries. Mr. Rich stated that we need to go on record
to at least establish an overall big picture.
Then as this unfolds we will probably have more ammunition. Planner Bolan purposed the following opening statement
to be in the position paper and read it to the board. Mr. Schmidt also mentioned septic density to
be included in the letter.
March 6, 2007
Page 4
Planner Bolan will have the
position letter ready for the next Planning Board meeting. At the conclusion of the board’s discussion,
motion by Mr. Rich and seconded by Mr. Schmidt to have Planner Bolan, Attorney
Gallina along with help from Engineer Risse if needed prepare a position letter
with the board’s comments on the Highlands Master Plan.
ROLL CALL Yes: Mr. Weeks Mr. Rich No: None
Mr. Schmidt Ms. Bleck
Mr. Piasecki Mr. Piazza
Planner Bolan will have this letter ready for the
March 20th Meeting. Deadline
for comments is April 2nd.
b. Master Plan
to be updated
Vice Chair Ms. Bleck
questioned how can we do a reexamine on the Master Plan when we don’t know
what’s happening with the Highlands Master Plan? Planner Bolan agreed but referred to the MLUL
stating that it is a statutory requirement.
Mr. Rich stated that our Master Plan which is a compromise of many
people and thoughts actually hits the mark.
We have had creative subdivisions which have come from the Master Plan
and all the great ordinances we have put into place. Planner Bolan referred to the major
subdivision up on
Mr. Schmidt changing the
subject asked about the three islands along
c. COAH
Vice Chair Ms. Bleck asked
what we need to be doing at this time regarding COAH. Planner Bolan referred to the Superior Court
decision back the end January and at this time COAH doesn’t know what to tell
us. COAH is to come out with new rules
that respond to that decision in 6 months (end of July). COAH reviewed our plan and sent us an initial
letter, we responded last October. The
ball is in their court at this point in time.
Planner Bolan noted there are two parts that the State is
appealing. One was having the towns have
growth share ordinances and wanted clarification from the court and the other
part which is being appealed to the Supreme Court is the density
incentive.
d. Fences – to be placed on the March 20, 2007
agenda.
Vice Chair Ms. Bleck asked if
there were any comments from the board.
Mr. Piazza stated he wanted input from the board on a Board Health
agenda item for tomorrow evening. There
is an applicant requesting a septic waiver.
The property is located on
Ms. Glashoff informed the
board she spoke with Mark Salisbury from Mohawk Oil and was informed that
JCP&L should be finishing up their work this coming week and by the week of
March 19th work should begin which includes installing of the fire
tank and all of the on site work.
PRESENTATION OF BILLS & REPORT:
a. John Gallina, Esq. $280.00 – Attend Mtg 2/20/07
$477.40
- Escrow
(Davara Industrial Ctr)
Total: $757.40
Motion by Mr. Piazza and
seconded by Mr. Rich to approve the bills for payment. Unanimously approved.
Page 5
Ms. Glashoff reminded the
board that Omnipoint will be on the Agenda for
___________________________________________
VICE CHAIRWOMAN DOREEN BLECK
_______________________________________________
GAIL W. GLASHOFF, PLANNING BOARD CLERK