REORGANIZATION
& REGULAR MEETING
Municipal Bldg 530 West Hill Road Glen
The Reorganization and Regular Meeting of the
In compliance with the “Open Public Meetings Act” notice
is hereby given that the Lebanon Township Board of Adjustment has scheduled
their Reorganization & Business Meeting for January 27, 2010 at 7:00 p.m.
prevailing time in the Main Meeting Room in the Municipal Building. The Business portion of the meeting will
start at the conclusion of the Reorganization Meeting. Notice of this meeting was published in the
Hunterdon Review on January 6, 2010 and Hunterdon County Democrat on January 7,
2010. Copies of the agenda were mailed
to the Hunterdon Review, Hunterdon County Democrat, Express Times, Courier
News, Star Ledger and posted on the bulletin board in the Municipal Building on
January 20, 2010.
SWEAR IN: Bruce Terzuolo Class IV 4 Year Term
Wayne
Eberle Class IV 4 Year Term
Abe
Abuchowski Class IV 4 Year Term
William
Machauer, Alt. I Class IV 1 Year Unexpired Term
Joe
Maurizio, Alt. II Class IV 2 Year Term
Ms. Glashoff had Attorney Gallina swear in all the
above members. Congratulation
to all the appointees with the exception of Mr. Eberle who was not present.
NOMINATIONS FOR CHAIRMAN:
Ms. Glashoff asked for nominations of Chairman. Motion by Mr. Nagie and
seconded by Mr. Abuchowski to nominate Bruce Terzuolo as Chairman. Being no further
nominations, motion by Mr. Machauer and seconded by Mr. Perry to close the nominations. Unanimously approved. Congratulations to Mr. Terzuolo.
NOMINATIONS FOR VICE CHAIRMAN:
Chairman Terzuolo took over the meeting at this time
and asked for nominations for Vice Chairman.
Motion by Mr. MacQueen and seconded by Mr. Perry to nomination Abe. Abuchowski as Vice Chairman.
Being no further nominations, motion by Mr. Nagie and seconded
by Mr. Machauer to close the nominations.
Unanimously approved. Congratulations to Mr. Abuchowski.
APPOINTMENTS:
a. John Gallina,
Esq.
b. Michael Bolan, PP
c. Steve Risse,
Engr. (Bayer/Risse Engrs.)
d. Gail W. Glashoff, Board Secretary
e. Guy Wilson, Esq. (Alternate Attorney)
f. Jim Kyle,
PP (Alternate Planner)
g. Lucy Grozinski, Court Stenographer
Chairman Terzuolo asked for a motion to appoint all
the above appointments. Motion by Mr.
MacQueen and seconded by Mr. Nagie to appoint all the above. Unanimously approved.
ADOPT RESOLUTIONS:
a. Annual Notice
Schedule
b. Authorizing Agreement
for Professional Services
Ms. Glashoff briefly reviewed for the board the
November and December dates on the Notice Schedule. . Motion by Mr. Nagie and seconded by Mr. Perry
to adopt both Resolutions as presented. Unanimously approved.
Reorganization
& Regular Meeting
January
27, 2010
Page
2
ADOPT RESOLUTION FOR PROFESSIONALS ON
PAY TO PLAY:
Chairman Terzuolo asked for a motion to adopt the
resolution. Motion by Mr. Machauer and
seconded by Mr. Nagie to adopt the Resolution for Professionals on Pay to
Play. Unanimously
approved.
ADOPT PROFESSIONAL CONTRACTS:
a. John Gallina,
Esq.
b. Michael Bolan, PP
c. Bayer/Risse
Engrs. (Steve Risse, Engr.)
d. Guy Wilson, Esq.
(Alternate Attorney).
e. Jim Kyle,
PP (Alternate Planner)
Ms. Glashoff informed the board that the hourly rate
on the contracts has not increased. Ms.
Glashoff reviewed for the board the new contract for alternate Planner
Kyle. Motion by Mr. MacQueen and
seconded by Mr. Abuchowski to adopt all the above contracts for the
professionals for 2010. Unanimously approved.
APPOINT APPLICATION REVIEW COMMITTEE:
After a brief discussion the following people will
serve on the Application Review Committee:
Mr. Terzuolo, Mr. Perry and Ms. Glashoff. Alternates will be the balance of any member
that is available to serve. Motion by
Mr. Abuchowski and seconded by Mr. MacQueen to appoint the above mentioned
people to serve. Unanimously
approved.
PRESENTATION OF MINUTES: December 9,
2009 Regular
Meeting
Motion by Mr. Kozlowski and seconded by Mr. MacQueen
to approve the minutes with minor corrections.
Unanimously approved.
December
15, 2009 Regular Meeting
Motion by Mr. Kozlowski and seconded by Mr. MacQueen
to approve the minutes as presented. Unanimously approved.
RESOLUTION:
a. James Busardo Block #21
Bulk
Variances w/conditions
The board discussed the letter from Attorney Shurts
and agreed that his comments should be placed in the resolution. Motion by Mr. Kozlowski and seconded by Mr.
MacQueen to approve the resolution for James Busardo and to include the
comments of Attorney Shurts.
ROLL CALL Yes: Mr. Machauer Mr. Terzuolo Abstain: Mr. Eberle
Mr. Maurizio Mr. Abuchowski Mr. Perry
Mr. Kozlowski Mr. Nagie
Mr. MacQueen
Attorney Gallina will amend the
resolution and forward it on to Ms. Glashoff.
FYI:
Updated Budget request for 2010
Ms. Glashoff said the Township Committee will be
holding their Budget Meetings on February 15th and 17th. She will try and schedule their meeting
around 5:00 p.m. for herself, Mr. MacQueen and Chairman Terzuolo on February 17th.
Chairman Terzuolo announced the board will take a
brief recess at this time 7:22 p.m. When the board reconvened at 7:30 p.m. Ms. Glashoff asked to have Mr. Eberle sworn at
this time. Attorney Gallina did the
honors for the swearing in.
Congratulations to Mr. Eberle.
Reorganization
& Regular Meeting
January
27, 2010
Page
3
UNFINISHED BUSINESS:
Off Road Welding
Michael & Fran Edwards Route Little
417 Little
Glen Gardner, N.J.
08826
CONTINUATION OF A PUBLIC HEARING D Variance
for a Commercial Use in a
Residential
Zone
Ms. Glashoff informed the board that she had received
a phone call on Monday from Attorney Gruenberg who asked to be rescheduled due
to a conflict on his part. Ms. Glashoff
read into the record the letter received from the applicant’s attorney.
Attorney Gruenberg asked to be placed on the March 24, 2010 agenda with an
extension of time to April 30, 2010.
Attorney Gallina announced to the public that the
continuation of the Edwards application has been rescheduled to March 24, 2010
at 7:30 p.m. No further notice will be
given.
Chairman Terzuolo announced
that he will be stepping down from the next application and Vice Chairman
Abuchowski will be taking over the meeting at this time.
Transtar Truck & Auto body Block #41
c/o Dominick Tranquilli Route 513
I5
514 Route 513
CONTINUATION OF A PUBLIC HEARING D
Variance for Self Storage Units in the
Industrial
Zone
Attorney Gilbert stated that it has been awhile since
they were before the board and due to a series of circumstances this matter has
been adjourned a couple of times.
Attorney Gilbert briefing reviewed for the board the deferent witnesses
that have given testimony on behalf of the applicant. Attorney Gilbert stated that he has one
additional witness. Attorney Gallina
noted that at the last meeting the board started with testimony from the public
but as a courtesy can let the applicant have his last witness give testimony
before continuing with the public portion.
Attorney Gilbert said his witness Ms. Burke is
Dominick Tranquillis sister who has worked for Transtar for a number of
years. Attorney Gallina said that last
time we had heard testimony from Neil Grossman and were in the middle of
testimony from Nancy Wolff. The decision
was made to have Ms. Wolff continue with her testimony. Ms. Wolff said that at the last meeting she
was asked to put together a list for the board.
Ms. Wolff said she put the list in chronological order of all the events
that have taken place since 1997. At
this time she passed the list out to the board and professionals also to
Attorney Gilbert. Ms. Wolff said the
list consists of dates, court transcripts and complaint reports. As Ms. Wolff started to read the list,
Attorney Gilbert objected stating he did not feel there was any merit to have
her read what has been given to the board.
Attorney Gilbert did not object to Ms. Wolff highlighting certain
aspects but felt it was a waste of time for her to read it all.
Attorney Gallina agreed to the highlighting of certain
aspects of the list and also reminded the board that they are dealing with the
Use Application only and not the Site Plan portion or violations at this time. Vice Chairman Abuchowski asked Ms. Wolff to
refer to the critical issues only. Ms.
Wolff referred to previous testimony given by Mr. Tranquilli where he stated
that he was not sandblasting beyond the exterior of the building or painting
beyond the exterior. The earlier
testimony given by Mr. Tranquilli he stated that he did sandblast and paint
beyond the exterior of the building. Ms.
Wolff said this is why he needs the addition to the building so he can move the
illegal activities inside. Since 1997
Ms. Wolff stated she has spoken to the
Ms. Wolff said that Mr. Tranquilli needs to clean up
his act and be a good neighbor. Ms.
Wolff went on to say that there has been no observance of the prior Resolution
for the Site Plan.
Reorganization
& Regular Meeting
January
27, 2010
Page
4
In 2004 Mr. Tranquilli erected two illegal structures
on his property and as a result of these 2 structure
he went to court which had been scheduled for November 26, 2007 and was heard
on December 20, 2007. Mr. Tranquilli
pleaded guilty, paid a fine and the Judge remanded him to the proper board and
he was to have his application filed with the board by February of 2008 which
did not happen. Finally on March 5, 2008
Ms. Wolff contacted Attorney Gilbert.
Attorney Gilbert interjected stating that Ms. Wolff statements were
inactuate. Ms. Wolff noted that she has
documented everything along with transcripts, documents from the
The board had questions of Ms. Wolff. Mr. Machauer referred to her comments of the
activities being illegal. Ms. Wolff
stated that the Zoning Officer Russ Heiney had taken Mr. Tranquilli to court
regarding the violations on the property before she became involved. Mr. Tranquilli has had complaints filed
against him with the
Mr. Maurizio questioned the exterior painting and
asked Ms. Wolff if she had ever contacted the DEP. Ms. Wolff said she called the DEP hotline,
their reply was “you have to call the County Health Department” they (DEP) will
do nothing. Ms. Wolff then spoke to Ode Keiderling on
April 3, 2006 to report painting and sandblasting along with excessive
noise. Mr. Keiderling came to her farm
on May 6th and she explained the situation. Ms. Wolff was asked to fill out a report to
have it on record. Ms. Wolff said the
following week she called Mr. Keiderling back to report continued
violations. Mr. Keideling went to the
Transtar site and met with Mr. Tranquilli. Per Ms. Wolff, Mr. Tranquilli informed Mr.
Keiderling that he was not painting outside or sandblasting outside. Attorney Gilbert interjected and objected to
the comments made by Ms. Wolff and stated it was a total waste of time. Attorney Gallina interjected and told the
board to disregard any statements as to what someone else said. Since it is hearsay, that person would have
to come in and testify. The purpose of
tonight’s hearing is the determination of the Use Variance for the Self Storage
Facility and has no enforcement authority.
Ms. Wolff said she has provided the names, dates and people and all the
information regarding these violations. Ms. Wolff stated at the last meeting she was
asked by a board member to provide all the information she had which she has
done this evening.
Ms. Wolff said in conclusion, she has provided names,
dates and all the information to the board for everything that has transpired
over the past 12 years. She has spoke,
met with officials from the
Attorney Gallina stated that Attorney Gilbert will
have his last witness sworn in to give testimony. Ms. Patricia Burke of Dover, N.J. sister of
the applicant was sworn in.
Ms. Burke said she has been the bookkeeper and taking
care of all the financial paperwork for Transtar since 1987 on and off for 22
years. Ms. Burke said in 1987 Transtar
was located in Bernardsville, N.J. The
business then moved to Califon in 1990 and Transtar was located at the
Reorganization
& Regular Meeting
January
27, 2010
Page
5
Transtar then purchased the property next to
Attorney Gilbert asked Ms. Burke about what happened
in January 2007. Ms. Burke said a George
Cramer a State of
Attorney Gilbert said from 2007 to 2010 the only
violation was from Zoning Officer Bill Skene.
At this time Attorney Gilbert had an aerial view of the property and
adjoining properties that was marked into evidence as A20. At the conclusion of
the testimony by Ms. Burke, Vice Chairman Abuchowski asked if the board had any
questions of the witness. Mr. Eberle
asked if they had any reports or letters from these agencies. Ms. Burke said no. Mr. Nagie questioned the Court Transcript
that Mr. Tranquilli had pleaded guilty to improper sandblasting and
painting. Ms. Burke said it was for only
sandblasting. Ms. Burke insisted that
there has never been any painting going on outside. Mr. Perry asked what the hours of operation
are. Ms. Burke said if they are busy
they would start at 7:00 am and stop at 7:00pm.
Mr. Perry asked if Ms. Burke is actually there on the premises. Ms. Burke said up to 1 year ago she was there
6-7 days per week. Ms. Burke said she works in the office and sometimes would
stay until 7:00 pm. Mr. Perry asked
about the waste and how it is disposed of.
Mr. Machauer asked about the complaints. Ms. Burke said that Dominick
would take the inspectors through the building.
Mr. Machauer commented on the painting and how it can sometimes create
over spray which drifts with the wind.
Ms. Burke said they have a spray booth so the paint is contained along
with a series of intake filters that are in the front of the spray booth which
filters the air as it comes in and you have exhaust filters that are changed
regularly which filters the air going back out through the stack. Mr. Machauer asked about the dust from
sandblasting. Ms. Burke said this is all
contained within the Quonset hut. Mr.
Maurizio asked if there is a collection system or does it just go on the
floor. Ms. Burke said it is pushed into
a pile. Are there any regulations
regarding having sandblast medium and the potential for sandblast lead and
having to have a paper trail as to where it goes. Ms. Burke said no not that she is aware
of. Mr. Maurizio asked as far as the
sandblasting to what means do they generate the air pressure. Ms. Burke said it is through a compressor. All the compressor are electric not diesel.
Mr. Maurizio asked how many times have there been
court proceedings. Ms. Burke said only
one. Mr. Kozlowski asked who referred to
Mr. Skene as incompetent. Attorney
Gilbert said Ms. Wolff and that all of the Township’s Zoning Officer were
incompetent. Attorney Gallina
interjected and reminded the board that they are only here to listen to the
application for a Use Variance for the Self Storage Units, not discussing Site
Plan issues since this application has been bifurcated. Mr. MacQueen asked the length of the spray
booth. Ms. Burke said it is 40’ in
length. Mr. MacQueen asked Ms. Burke, if
the storage units are approved if she thought this would improve the property
and cut down on some of the other problems in the back of the
Reorganization
& Regular Meeting
January
27, 2010
Page
6
building regarding noise and the way the
facility is going to be run. Ms. Burke
said it would change some of the use but with welding there will be noise and
trucks will be coming in and out. Mr.
Maurizio asked about the lighting for the storage units. Ms. Burke said she
didn’t know. Mr. Machauer asked about
the Quonset huts. Ms. Burke said the one
is an open building and the other has a door and is closed. Mr. Machauer asked if there was air
conditioning and heat. Ms. Burke said
there is no air conditioning but there is heat.
Mr. Machauer asked if there was an exhaust fan for circulation in the
building or fans in the hot weather. Ms.
Burke said she did not know. Mr.
Machauer asked if there were an occasion to sandblast or paint outside. Ms. Burke said there is no reason to paint
outside because the paint booth is large enough. Everything is done in the building per Ms.
Burke.
Vice Chairman Abuchowski announced the board will take
a 5 min. recess at 8:40 p.m. When the board reconvened at 8:50 p.m. Vice Chairman Abuchowski asked the age of the
aerial picture of the property. Ms.
Burke said it is about 2½ years old. Ms.
Burke said that Foley moved out about 6 months ago. Mr. Perry asked when the inspectors come to
the property did they see the any men sandblasting or painting any
vehicles. Ms. Burke said they were
probably painting. The only time they
sandblast is when a truck comes in for refurbishing. Ms. Burke said that most of the new truck
bodies are aluminum. The sandblasting
has been cut back and is only used to remove rust and scale. Vice Chairman Abuchowski opened the hearing
to the public for questions. Jim DeGaetano
of Route 513 two properties away from Transtar asked questions. Mr. DeGaetano had pictures that were taken
from his property for the board’s review.
The pictures were marked into evidence as O4 dated August 22, 2007 and October 29, 2007. Mr. DeGaetano said
his property is 15’ higher per the engineer’s testimony. Mr. DeGaetano questioned the sandblasting and
Attorney Gilbert had Mr. Tranquilli respond to the question.
Vice Chairman Abuchowski asked if there were any more
questions of the witness. There were
none. Vice Chairman Abuchowski opened
the hearing to the public for comments and statements. Nancy Darois of
Planner Bolan asked about the study. Mr. DeGaetano stated that Route 513 is one of
the most dangerous roads in the county.
Mr. Maurizio asked who did the study.
The study was done by the RBA Group with the statistics from the county. Attorney Gilbert commented on the testimony
by Mr. DeGaetano. Mr. Perry asked what
time of the day did these accidents take place.
Mr. DeGaetano said between 4-8 pm.
At the conclusion of the public comments, Vice Chairman Abuchowski asked
if Engineer Risse had any comments. The
response was no. Planner Bolan was
sworn in to give testimony on behalf of the board. With a use variance the positive criteria is
known as special reasons. Special
reasons come from the purpose of the
Reorganization
& Regular Meeting
January
27, 2010
Page
7
Also referring to Planner Zimmerman testimony that
this is a benign use and would fit with this property. Planner Bolan also referred to testimony
given by adjoining property owner Neil Grossman. Planner Bolan said the proposed use is
reasonable and you can permit it. It is
recognized that use variances are to be required. In referring to our Master Plan, it states
that industrial development should be sharply restricted and it has been. On the negative criteria what the board
should be considering is an enhance quality of proof that there will be no
substantial impairment of the zone plan and zoning ordinance if the use
variance is granted. The board has to
reconcile that the use was excluded initially and look at the other uses in the
I5 zone. In order to satisfy the
negative criteria what the board has to find is that the variance can be
granted without substantial detriment to the public good and will not
substantially impair the intent and purpose of the zone plan and
ordinance. The board has to be satisfied
with that and that standard will also apply to the site plan with the same
negative criteria to the site plan as it is to the use variance. Planner Bolan quoted section 40:55D-76b of
the MLUL.
The board thanked Planner Bolan for all his
comments. Mr. MacQueen asked if the
board will be voting not just on the use variance but the impervious
coverage. Planner Bolan said yes. During the board’s discussion on the
impervious coverage, Attorney Gallina suggested asking Attorney Gilbert how he
wants to handle this. Attorney Gilbert
said he preferred to deal with the impervious coverage at site plan approval
and not with the use variance. Mr.
MacQueen asked if we should attach hours of operation now with the use variance
or wait until site plan. Planner Bolan
suggested that the board reference issues that you want to see addressed in the
site plan but not act on it now. At the
conclusion of Planner Bolan’s testimony and no further questions by the board
or public, Vice Chairman Abuchowski asked Attorney Gilbert to give his
summation at this time.
Vice Chairman Abuchowski asked for a motion to close
the public hearing. Motion by Mr.
MacQueen and seconded by Mr. Nagie to close the public portion of the
hearing. Unanimously
approved. At this time, the board
deliberated at length. Mr. MacQueen
asked Attorney Gallina if there is a time limit when the applicant has to come
back with their site plan. Attorney
Gilbert offered to have the applicant return within 6 months for site plan
approval. At the conclusion of the
deliberations, motion by Mr. MacQueen and seconded by Mr. Perry to grant the
Use Variance for Storage Units and to have the applicant back before the board
within 6 months for site plan approval.
ROLL CALL Yes: Mr. Machauer Mr. Nagie No: None
Mr. Kozlowski Mr.
Abuchowski Absent: Mr. Terzuolo
Mr. MacQueen Mr. Eberle Abstain: Mr. Maurizio
Mr. Perry
Attorney Gallina will prepare the
Resolution to be on the next agenda of February 24, 2010.
PRESENTATION OF BILLS:
a. John Gallina,
Esq. $230.00 –
Attend Meeting 12/15/2009
b. Michael Bolan, PP $260.00 – Attend
Meeting 11/12/2009
$ 85.20 – Review Fire
Dept. Application
$
42.60 - Phone
conf. with Bd Secretary re:
Transcript & hearing
$170.40
– Escrow (Patrick Allen)
c. Court Stenographer $200.00 –
Attend Meeting 1/27/2010
Total: $988.20
Ms. Glashoff informed the board she had two additional
bills for approval. One from Attorney
Gallina for $603.75 and the other
from herself for supplies for $37.06
which will be split with the Planning Board.
This brings the total to $1,629.01. Motion by Mr. MacQueen and seconded by
Mr. Eberle to approve the bills as amended.
Unanimously approved.
Being no further business to come before the board,
nor comments from the public, motion by Mr. MacQueen and seconded by Mr.
Kozlowski to adjourn the meeting at 10:10 p.m.
Unanimously approved.
_____________________________________ VICE
CHAIRMAN ABE ABUCHOWSKI
________________________________________
GAIL W. GLASHOFF, BOARD SECRETARY