REGULAR MEETING
Municipal Bldg
530 West Hill Rd Glen Gardner,
N.J.
The Regular Meeting of the
Lebanon Township Board of Adjustment was called to order at 7:37 p.m. by
Chairman Bruce Terzuolo. Present
were: Mr. Machauer, Mr. Kozlowski, Mr.
Perry, Mr. Nagie, 1st Alternate Abuchowski, 2nd Alternate
Eberle, Attorney Gallina and Planner Bolan.
Notice of this meeting was
provided for in the “Annual Meeting Notice Schedule” adopted by this board on
January 11, 2006, mailed to the Hunterdon Review, Hunterdon County Democrat,
Express Times, Courier News, Star Ledger and posted on the bulletin board in
the
PRESENTATION OF MINUTES: April 12,
2006 Regular Meeting
Motion by Mr. Nagie and
seconded by Mr. Perry to approve the minutes with minor corrections. Unanimously approved.
PRESENTATION OF BILLS:
a. John Gallina, Esq. $ 244.65 – Attend
Mtg 4/12/06
b. Banisch Associates $ 109.60 – Escrow re:
Cingular Wireless (2/06)
$ 250.00 – Attend Mtg 2/22/06
$1,370.00
- Escrow
re: Cingular Wireless (3/06)
c. Court Stenographer $ 200.00
- Attend Mtg 5/24/06
Total: $2,174.25
Chairman Terzuolo asked if
there were any additional bills to add to the list. Ms. Glashoff stated she had two bills to add
to the bill list both are from Banisch Associates. The first bill $304.80 for meeting attendance
on April 12th the second bill $109.60 is Escrow for the Cingular
Wireless application. The additional
bills total $414.40 giving a new
grand total of $2,588.65. Motion by Mr. Nagie and seconded by Mr.
Abuchowski to approve the bills as amended.
Unanimously approved.
Chairman Terzuolo asked Ms.
Glashoff to conduct the discussion over the next item on the agenda.
ITEMS FOR DISCUSSION:
a. Any suggestions for a new board appointment to
Alternate II position (expires 12/07)
b. Recommend to Township Committee to move up
Alternate I to fill unexpired board
seat (expires 12/09), recommend moving up
Alternate II to Alternate I (expires12/06)
Ms. Glashoff stated that when
there is an opening on the board, the board will at their discretion
make a recommendation to the
Township Committee to move up the Alternate Board Member to the unexpired term. Ms. Glashoff asked if the board would like to
make the recommendation of moving up the Alternate I to the unexpired term of
former member Brian Cerf and if so, would like to move up the Alternate II Member
to Alternate I. After a brief
discussion, motion by Mr. Nagie and seconded by Mr. Perry to move Mr.
Abuchowski up to the unexpired term of former board member Brian Cerf and to
move Mr. Eberle up to the Alternate I position.
Unanimously approved.
Ms. Glashoff asked if the
board had any recommendations for the Alternate II position. There were none. Ms. Glashoff announced to the public present
if they or anyone they knew would be interested in the Alternate II position on
the board and if so to contact either Mayor Schriver or Municipal Clerk Karen
Sandorse.
Mr. Machauer asked since we
have an interesting application on the agenda this evening and considering we
had an application many years ago which was similar and quite controversial and
wanted to know from our Attorney, Planner and board members if we should have
an expert regarding aviation. Chairman
Terzuolo asked for input for the board.
Mr. Eberle felt we should wait to see what testimony the board hears
this evening before making a decision on hiring an expert. Mr. Abuchowski wanted to know what type of
expert would be considered. Mr.
Machauer stated he was thinking in terms of someone to advise the board or
answer any questions the board may have since this is an unusual type of
application before the board. After a
brief a discussion, it was decided to wait and see if hiring an expert would be
needed.
May 24, 2006
Page 2
CORRESPONDENCE:
Chairman Terzuolo informed
the board that in speaking with Planning Board Chair Gary MacQueen, he was told
that the packets the board receives have gotten expense costing upwards for
$13.00 to $15.00 per packet. Ms.
Glashoff informed the board that she has never mailed packets out costing
between $13.00-$15.00 per packet. The
Township Committee has asked that the boards cut back on postage and Chairman
Terzuolo referred to the correspondence and asked that instead of including the
correspondence in the packets to have it available for the board at the
meeting. This would save money. Ms. Glashoff will bring the correspondence to
each meeting for the board members.
NEW BUSINESS:
Paul Pfister Block
#66
Glen Gardner, N.J. 08826
PUBLIC HEARING Use
Variance for Helistop
(Ltr from Atty Gallina mailed Section 18-2.1a.p
separately)
Attorney Steven Gruenberg
announced that he was the attorney representing the applicant. Attorney Gallina informed the board that he
has reviewed all the notices and marked the following into evidence: A1-Zoning
Permit Denial, A2-Certified List of
Property Owners, A3-Affadavit of
Proof of Service & Notice to Property Owners, A4-POD Slips, A5-Notice
in Newspaper (Hunterdon County Democrat), A6-Notice
in Newspaper (Hunterdon Review).
Attorney Gallina noted that the certification of Taxes Paid was not
included but can be made part of any
approval by the board. Attorney Gallina
asked that the applicant supply proof of taxes paid as soon as possible.
Chairman Terzuolo announced
that he is going to remove himself from these proceedings since he has a
pre-formed opinion and can not be impartial.
At this time Vice Chairman Machauer took over the meeting. Vice Chairman Machauer announced the protocol
that is followed by this board for a public hearing.
Attorney Steven Gruenberg
made a presentation to the board on behalf of the applicant. Attorney Gruenberg stated the property
consists of 9.22 acres, a flag lot off
At this time, Attorney
Gruenberg had Paul Pfister sworn in to give testimony. Mr. Pfister stated he has been a resident of
May 24, 2006
Page 3
Mr. Pfister stated there is a
small paved section of the driveway which he has a coverit building which is a
fabric building that he keeps the helicopter in now. He wheels it out of the building and does a
3’ hover up to the landing site. The
helicopter has wheels and with pushing down on the tail which makes it easier
to maneuver the helicopter which can be accomplished by one person. Mr. Pfister
testified that he made the helicopter from a kit. It is a Rotor Way Exec, a 162 F Helicopter. Mr. Pfister stated that it took over a year
for him to build the helicopter. There
are approximately 1000 of these helicopters flying now in the country. Mr. Pfister stated that because he built this
helicopter it gives him the right to maintain it. To buy a factory made helicopter is very
expensive also the maintenance of a factory made is expensive. There is approximately 60 hours of flying on
this machine. Mr. Pfister informed the
board that he has 2500 hours of flying time with a fixed wing (airplane). He has had his license to fly since
1971. He has about 200 hours of
helicopter flying with 100 hours in this type of helicopter. He has had his helicopter license for about
2½ years.
At this time Attorney
Gruenberg had the following marked into evidence: A11-photo
of applicants’ helicopter. This
helicopter can hold up to 210 lbs and is a two-seater. The total gross weight of the helicopter is
1500 lbs. From nose to tail the
helicopter is 23’ in length and including the rotor blade brings the length to
30’. The cockpit is approximately 5’ in
length. With any kit built aircraft
there are certain restrictions one being no night flying referring to Visual
Flight Rules. There is a minimum of 3
miles of visibility. Mr. Pfister informed
the board that he will not be flying in bad weather such as rain nor winds of
more than 15 miles per hour. On a 365
day year, approximately 20-25% would be flying time since he works 5 days per
week. Would only be flying on weekends
and 2 evenings per week. Would not be
flying before 9:00 am. There would be no
hovering on the property. Mr. Pfister
informed the board that the minimum altitude is 500’ off the ground for vacant
land. Mr. Pfister said that he flies at
1000’. There might be times that he
would come back at lunch time and leave again.
He stated that he would not be flying in and out 4-6 times per day. No more than 2 take offs and two landings in
one day.
Mr. Pfister informed the
board that he had a representative from the Department of Transportation come
to his property regarding have a helicopter landing area. Mr. Pfister stated that a Mr. Malfin, Chief
of Inspections and Operations was the person who came out to his property for
the inspection. In the letter Mr.
Pfister received, it states that the site has been inspected and it was
determined that the site could be acceptable for the purpose of helicopter
landings and take offs with compliance licensing of the facility. Attorney Gruenberg had the following marked
into evidence: A12-Letter from Department of Transportation (D.O.T.) dated
February 2, 1998 re: site inspection for helicopter landings and take off
area. Mr. Pfister informed the board
that he had sent letters out to all his neighbors letting them know what he
would like to do. His one neighbor Al
Zerbrowski informed Mr. Pfister he did not have a problem with his proposal. Mr. Pfister stated in his letter he invited
his neighbors over to his property or they could call with any concerns they
had. Mr. Pfister stated that he heard
from no one. Attorney Gruenberg had the
following marked into evidence: A13-Letter to the neighbors dated
February 5, 2006 regarding helicopter landings and take offs.
At the conclusion of Mr.
Pfister’s testimony, the board had questions of the witness. Mr. Eberle asked what qualifications are
needed to build a helicopter. Mr.
Pfister answered none, but once the helicopter is assembled the FAA needs to
come out and do a very thorough inspection and you need to receive from the FAA
a certificate of air worthiness. This
certificate has to be in your possession at all times in the helicopter. Every year an annual inspection is required. Mr. Pfister informed the board that he can to
the inspection. It is done once a year
or every 100 hours of flying. Mr.
Pfister has a certificate qualifying him to do the inspections. He can repair and fix his own helicopter,
just his own. The question was asked how
long can you fly on a tank of fuel. Mr.
Pfister stated 2 hours of flying approximately 180 miles. The tank holds 17 gallons of fuel and burns 8
gallons per hour. Mr. Eberle asked how
high off the ground for structures (houses) versus vacant land. Mr. Pfister replied 1000’. Mr. Pfister stated for fixed wing aircraft it
is 1000’ and felt it was the same for helicopters. Mr. Machauer interjected stating the Federal
Regulations are 500’ from any vehicle or structure and 1000’ over congested
areas. Mr. Abuchowski asked about the
engine. Mr. Pfister stated that he has
with him all the specifications regarding the helicopter. It is 150 horse-powers, 4 cylinder water
cooled engine and is 162 cubic inches.
The engine weighs 187 lbs. The
engine has a computer system, dual injection and dual ignition and has a quiet
muffler system. Mr. Nagie asked what the
full noise level would be for take off or landing. Mr. Pfister said the noise decimal is 92 but
did not know if this was landing or take off.
May 24, 2006
Page 4
Mr. Nagie asked about the
farm use of the helicopter. Attorney
Gruenberg stated that his next witness Carol Pfister would be the person to ask
this question. Mr. Nagie asked about the
pleasure aspect of the flying. Mr.
Pfister noted the pleasure portion would be for meeting friends. Also, his wife would like him to fly her to
several of her shows which would save on travel time instead of driving. Mrs. Pfister does a lot of out of state
traveling to many shows that doesn’t warrant her taking the Alpacas and having
the helicopter would save time in traveling by car to these events. Mr. Machauer asked about the safety record of
these helicopters. Mr. Pfister stated
that these helicopters have a good safety record. Mr. Machauer asked about the elevation of the
property. Mr. Pfister stated the
elevation is 600’. Mr. Machauer asked in
the general area of about 1 mile is there an appreciable change in the
elevation. Mr. Pfister stated Route 31
is about a mile down from his property.
Mr. Kozlowski asked what altitude
he would be flying when crossing over
Planner Bolan asked about the
gravel driveway and if it belongs to the applicant’s property. Mr. Pfister answered yes. Planner Bolan noted that the helipad is
placed 55’ from the neighbor to the east and 95’ from the neighbor to the
north. Mr. Pfister answered yes stating
that it was the most suitable location.
Planner Bolan asked about the 2 flight paths. Mr. Pfister stated that you fly into the wind
for either landing or taking off.
Planner Bolan asked if there is some angle of approach that is
desirable. Mr. Pfister answered yes,
that the angle is about 15 degrees. You
can do a steep approach at 45 degrees.
The normal approach is 15 degrees.
Planner Bolan asked when you take off to the west you are on the lot
lines of Lots #3.09, 3.0 & 3.05 basing it on going down the driveway. Mr.
Pfister answered yes. At this time,
Attorney Gruenberg had the following marked into evidence: A14-Survey
of property dated November 15, 2005 prepared by Eldon Allen and revised January
10, 2006.
Vice Chairman Machauer opened
the hearing to the public for questions of the applicant. The following people asked many
questions: Attorney Stephen O’Malley who
represents the adjoining property owners Michael Schmidt and Sharon Hardy,
Kevin Powell, Michele Smego, Richard Cowan, Darryl Schmidt, Arthur Bannon, Andrew
Smego, Jack Stanton, Tom Drake and Joe Albore.
At the conclusion of the public questions, Vice Chairman Machauer
announced that the board will take a brief recess. The board recessed at 9:10 pm.
When the board reconvened at
9:22pm, Attorney Gruenberg had Carol Pfister sworn in to give testimony. Ms. Pfister informed the board that she has
approximately 20-25 Alpacas. She breeds,
shows and sells Alpacas. Ms. Pfister
informed the board that she is the member of several organizations and is the
Vice President of a 7 State Alpaca Organization. Ms. Pfister stated she is in charge of
educational endives which is a way to educate the public besides promoting her
business. Ms. Pfister stated that she
arranges and attends events. She
arranges events which are held 4-6 times per years in 7 states. Attorney Gruenberg asked Ms. Pfister if they
planned to have people flying in to visit them regarding the Alpaca Farm. Ms. Pfister answered no. Attorney Gruenberg asked Ms. Pfister when they
had the horses before the Alpacas did the noise from the helicopter scare the
animals. Ms. Pfister answered no. The animals were more upset over the Hot Air
Balloons then having the helicopter hovering.
Attorney Gruenberg asked Ms. Pfister if she contacted a person involved
in horse uses on their property adjacent to an airport. Ms. Pfister answered yes. Ms. Pfister spoke to a Gretchen Randolph and
since she was unable to attend this evening, Ms. Pfister asked that she write
the letter. Attorney Gruenberg asked to
read the letter from Ms. Randolph into the record. Attorney O’Malley objected again to having a
letter read into the record and stated his reasons for his objection. After a brief discussion, Attorney Gruenberg read
the letter into the record. The
following was marked into evidence: A15-Letter from Gretchen Randolph dated
May 24, 2006. Attorney Gruenberg then
asked to have a letter from a veterinarian marked into evidence. Attorney O’Malley objected stating his
reasons. After a lengthy discussion by
the board, the letter from the veterinarian was not marked into evidence. It was decided that the veterinarian would
need to be present to give testimony.
Ms. Pfister continued with
her testimony at this time. At the
conclusion of her testimony the board asked many questions of Ms. Pfister. Planner Bolan asked which airport was Ms.
Randolph referring to in her letter and the size of the airport. Ms. Pfister answered
May 24, 2006
Page 5
Vice Chairman Machauer opened
the hearing to the public for questions of Ms. Pfister. Attorney O’Malley had many questions for Ms.
Pfister. Since there were no other
questions from the public, Vice Chairman Machauer announced that this
application will be carried over to another meeting date. Attorney Gruenberg informed the board that he
has another witness that he would like heard this evening. Vice Chairman Machauer stated because of the
late hour it would not be possible to continue this evening. Ms. Glashoff was
asked for available dates. Ms. Glashoff
offered the June 28th meeting date to the applicant. Attorney Gruenberg asked if the board could
have a special meeting in June. The
answer was no. Ms. Glashoff informed
Attorney Gruenberg if the June 28th date was not good, she could
offer the July 12th meeting date.
It was decided to continue at the June 28th meeting
date. Attorney Gallina announced to the
public that this application will be carried to the June 28th
meeting date at 7:30 p.m. and no further notice needs to be given. Ms. Glashoff informed Attorney Gallina that
the applicant has granted an extension through June 30th.
Being no further business to
come before the board, nor comments from the public, motion by Mr. Kozlowski
and seconded by Mr. Nagie to adjourn the meeting at 10:03 p.m. Unanimously approved.
____________________________________________
VICE CHAIRMAN WILLIAM MACHAUER
___________________________________________
GAIL W. GLASHOFF, BOARD SECRETARY