REGULAR MEETING
Municipal Bldg
530 West Hill Road
Glen
The Regular Meeting of the
Lebanon Township Board of Adjustment was called to order at 7:34 p.m. by
Chairman Bruce Terzuolo. Present
were: Mr. Kozlowski, Mr. Abuchowski, Mr.
Perry, 1st Alternate Eberle, 2nd Alternate Maurizio,
Attorney Gallina and Engineer Risse.
Planner Bolan arrived 7:37 p.m. Excused: Mr. Machauer & Mr. MacQueen.
Notice of this meeting was
noticed in the “Annual Meeting Notice Schedule” adopted by this board on
January 28, 2009, mailed to the Hunterdon Review, Hunterdon County Democrat,
Express Times, Courier New, Star Ledger and posted on
the bulletin board in the
PRESENTATION OF MINUTES: May 13,
2009 Regular Meeting
Motion by Mr. Kozlowski and
seconded by Mr. Maurizio to approve the minutes with minor corrections. Unanimously approved.
REMINDER: Planning Board Meeting on June 2nd
7:00pm
NEW BUSINESS:
Glen Gardner, N.J. 08826
PUBLIC HEARING Section 400:13.E14 for a
sign internally luminated
&
Section 400: Attachment
4:1 Schedule I Sign
within front yard
and side yard setbacks
Mr. Perry announced that due
to a conflict of interest he will be stepping down from this application. Present to discuss the application were: President John Kneafsey, Jay Harkins, Fire
Chief and Lieutenant Joe Pezzuti.
Attorney Gallina announced that all the notices are in order and the
board can proceed with the hearing. The
following items were marked into evidence:
A1-Taxes Exempt, A2-Zoning Denial, A3-Certified List of Property Owners & Utilities, A4-Notice to Property Owners, A5-POD Slips, A6-Affadavit of Proof of Service, A7-Notice in Newspaper.
Mr. Kneafsey made a
presentation to the board. During the
presentation, the following was marked into evidence: A8-Survey
from Eldon Allen Land Surveyor dated April 1, 2009 and A9-3 pages of stretches showing the proposed sign, picture of a
sign in front of a church, aerial view photo of the property. Mr. Kneafsey informed the board the present
sign is old and in disrepair and the Fire Department wanted to upgrade the sign
including having the sign being illuminated. Being able to have the sign lit
after dark will benefit the public with any announcements, events the Fire
Department is having and any notices that would need to be posted for the
public. Attorney Gallina asked if the
old sign is removed will the new sign go in the same spot. Mr. Kneafsey answered yes. Mr. Kneafsey said the Fire Department consists
of volunteers that serve the community. Attorney
Gallina asked if the sign is illuminated would it cause problems with the
neighbors. Mr. Kneafsey said the sign
will be lit internally and did not feel it would be a problem with the
neighbors. Mr. Kneafsey noted the house
next to the Fire Department has a heavy thick hedge row. Attorney Gallina asked how long the existing
sign has has been in its present location.
Mr. Kneafsey stated that he has been a member of the Fire Department for
13 years and the sign was there long before him. The sign has been repaired several times but
it has gotten to the point that now it needs to be replaced. At the conclusion of the Mr. Kneafsey
testimony, the board asked questions.
Mr. Kozlowski asked about the color scheme for the sign. Fire Chief Harkins said they will probably
use the same color scheme as the photo which was shown to the board. The sign will have red poles, white
background with black lettering. At this
time the following was marked into evidence: A10- color photo of the sign.
Chairman Terzuolo asked how long the Fire Department has been at their
location. Mr. Kneafsey said since
1973. Chairman Terzuolo asked Ms.
Glashoff if it predated our ordinances.
Ms. Glashoff said the ordinances started around 1965 and the lot would
have been subdivided sometime before 1973.
Planner Bolan noted the sign
ordinance was done in 1998. Chairman
Terzuolo opened the hearing to the public for questions. There were none.
May 27, 2009
Page 2
Planner Bolan asked what the
lighting was going to consist of and what will be the output of the lighting in
terms of the wattage. (Could not hear
the answer that came from the audience) Planner Bolan asked if there would be any
time control on the lighting. Attorney
Gallina asked to have Mr. Pezzuti sworn in.
Joe Pezzuti, Lieutenant for the Fire Department was sworn in to give
testimony. Planner Bolan asked if they
plan on having the sign on 24/7. Mr.
Pezzuti said yes. There were no
questions from Engineer Risse. Chairman
Terzuolo asked for questions from the public.
There were none. At this time Mr.
Kneafsey gave a summation. At the
conclusion, Chairman Terzuolo opened the hearing for comments and statements
from the public. There were none. Chairman Terzuolo announced that the evidence
taking portion of the hearing is now closed.
The board deliberated at this time.
Chairman Terzuolo reviewed the letter from Attorney Gallina. Chairman Terzuolo asked for a motion. Motion by Mr. Kozlowski and seconded by Mr.
Maurizio to grant Bulk Variances and a Variance for an internally illuminated
sign with the following conditions:
a. The
new sign will replace the existing sign and shall be located in the same
location
per the survey
prepared by Eldon Allen, Land Surveyor.
b. Approvals from all outside agencies having jurisdiction.
ROLL CALL Yes:
Mr. Kozlowski
Mr. Eberle Absent: Mr. Machauer
Mr. Terzuolo Mr. Maurizio Mr.
MacQueen
Mr. Abuchowski Mr. Nagie
Attorney Gallina will prepare the Resolution to be
placed on the June 24, 2009 agenda.
Mr. Perry returned to the
board.
UNFINISHED BUSINESS:
Transtar Autobody & Truck
Inc. Block
#41
514 Route 513 Route 513
I5
CONTINUATION OF A PUBLIC HEARING Use Variance and Site Plan
Attorney Harvey Gilbert was
present to represent the applicant.
Since the applicant had to do additional notices, Attorney Gallina
reviewed for the board and applicant Exhibits A1-A8. The following
additional items where marked into evidence:
A9-Affadavit of Proof of
Service, A10-Updated Certified List
of Property Owners and Utilities, A11-Notice
to Property Owners, A12-POD Slips, A13-Notice in Newspaper. Ms. Glashoff noted for the record she has an
affidavit that Mr. Eberle has read the transcript from October 22, 2008.
Attorney Gilbert informed the
board he had 3 witnesses this evening to give testimony, Mitchell Danzis, Self
Storage Expert, Engineer Steven Parker and Planner David Zimmerman. Mr. Danzis was sworn in to give
testimony. Mr. Danzis qualifications
were marked into evidence as A14. Mr. Danzis stated he reviewed the site
plan which has been presented to the board.
Mr. Danzis said that Self Storage has become a large industry. Mr. Danzis said he did a demographic study
which covered a 5 and a 7 mile area. Mr.
Danzis said the self storage market varies due to the location. An urban market is block by block, a less
dense urban area would be a 1 mile area a suburban area would be a 3 to 5 mile
area, a semi rural area would be a 5 to 7 mile area and in very remote areas it
would be 10 to 12 miles. In the 5 to 7
mile range are the number of households. Mr. Danzis stated they used the 2000
household numbers which is a more conservative approach. Mr. Danzis had a 5 page study which consists
of a demographic study, a competition map which shows the 5 to 7 mile from the
proposed site and the actual demand breakdown of which the estimated need for
self storage would be in this market.
Mr. Danzis did say the study was prepared within the past several days
but is not dated. It is based on
household numbers. Attorney Gilbert had
the 5 page study known as Easy Analytical Software Inc. (EASI) marked into
evidence as A15. In
using the map from the study, Mr. Danzis said the proposed site is in the
center of the map, the markers are at 3, 5 and 7 miles. He reviewed the self storage areas that are
within the 5 and just outside the 7 mile area.
There are 6713 households within a 5 mile market. Within this 5 mile range this would give you
a need of 177 units. Currently there are
no units within this range. This suggests that there is 10 times as much of a
need for self storage then the self storage facility that Mr. Tranquilli is
proposing. There is no competition for this proposed self
storage. The owner of the storage units
carries the liability/building and fire
May 27, 2009
Page 3
insurance. The customers
using the storage units have to provide insurance coverage on their personnel
items within the units. This site is on
a heavily trafficked road, good visibility, easy egress and ingress, self
storage is a very good neighbor and is considered a quiet use per Mr.
Danzis. These units are used primarily
by individual homeowners for storage of household items. At the conclusion of Mr. Danzis testimony,
Chairman Terzuolo asked if the board had any questions of the witness. The board and the professionals asked many
questions of the witness. Some of the
questions asked were on lighting, highlands, hours of
operation, traffic patterns and the storage of flammables. During the questions, Planner Bolan noted the
floor plan dates back to July 11, 2008 and asked if the applicant is looking to
have this approved because the questions being asked by the board would suggest
that this application be bifurcated.
This means that the board was to deal with the Use aspects first and
then come back for Site Plan. The board
discussed this issue at length with the applicant. At the conclusion of the discussion, Chairman
Terzuolo opened the hearing to the public for questions, there were none.
Chairman Terzuolo announced
the board will take a recess at this time, 9:00 pm. When the board reconvened at 9:10 pm,
Attorney Gilbert informed the board that in speaking with his client, they will
bifurcate the application and just deal with the Use
at this time. Their Planner will testimony after the conclusion of the Engineer’s
testimony. Attorney Gilbert had Engineer
Steven Parker sworn in to give testimony.
Engineer Parker referred to the revised plan dated May 15, 2009 noting
that a substantial decrease in the impervious coverage has been dealt
with. Originally the plan showed
coverage of 51%. The ordinance permits
40% coverage. The plans now show total
impervious coverage of 41.4%. The
variance now is for the relief of 1.4% of additional coverage. Engineer Parker addressed the fire tank,
buffering along the property line adjoining the residential houses, stormwater
management system, detention basin and installing an
8’ high fence around the self storage unit area. The changes made are substantial per Engineer
Parker. At the conclusion of Engineer
Parker’s testimony, Chairman Terzuolo asked for questions of the board.
The board asked about the
fire tank, the buffering and the detention pond. Engineer Parker stated they will have 33 pine
trees which will cover the buffered area year round. The detention basin will drain to the
property next door. Regarding the fire tank, Engineer Parker referred to Sheet
4 and the tank will be along the driveway to the right side. Chairman Terzuolo asked about the revisions
made to the center building was there consideration given standard unit radius
to get a fire truck in there. Engineer
Parker noted they made the building shorter but you will not be able to get a
fire truck in that area. Planner Bolan
asked about the impervious coverage that is shown on the plans and asked where
the difference of 51% to 41% is taken.
Engineer Parker explained to the board how they configured the
impervious coverage to basically comply with the ordinance. Planner Bolan asked about the lighting and
would it be on 24/7. Engineer Parker
stated that the lighting would not be on 24/7 but only during the hours of
operation. Engineer Risse asked about
the elimination of the 5 parking spaces.
Engineer Parker said it had to do with the impervious coverage. Chairman Terzuolo asked when this was being
designed was any consideration given to the inclusion of pervious hard
surfaces; this is a new technology and gave some examples. Chairman Terzuolo said the road actually
becomes a filter bed and asked if this would be a reasonably doable option. Engineer Parker said they looked into it but
there is no credit given for that and it still counts as impervious
coverage. For it to work as a filter you
have to have a certain type of underlining soil. It would work for a sandy type soil which we
don’t have. Being no further questions
by the board, Chairman Terzuolo opened the hearing to the public for
questions. There were none.
At this time Attorney Gilbert
asked for a continuation date. Ms.
Glashoff stated that the first available date was July 8th. Attorney Gilbert asked to continue to July 8th. Ms Glashoff also offered the 5th
Wednesday which is July 29th for the additional meeting if it were needed. After a brief discussion, Attorney Gilbert
was given the August 12th date for the additional meeting. Attorney Gallina made the announcement to the
public. Ms. Glashoff asked for an
extension of time to August 31, 2009.
Attorney Gilbert will send a letter to that effect.
PRESENTATION OF BILLS:
a. John Gallina, Esq. $287.50
– Attend Mtg 5/13/2009
$143.75
– Escrow (Sarao)
b. Court Stenographer $200.00
– Attend Mtg 5/27/2009
c. Hunterdon Cty Planning/Zoning Admin. $ 25.00
– Luncheon Seminar G. Glashoff
Total: $656.25
May 27, 2009
Page 4
Motion by Mr. Abuchowski and
seconded by Mr. Eberle to approve the bills as presented. Unanimously approved.
CORRESPONDENCE:
a. A3062 Bill on Inherently Beneficial Uses
b. NJ
Supreme Court Ruling - tree removal
Being no further business to
come before the board, nor comments from the public,
motion by Mr. Abuchowski and seconded by Mr. Perry to adjourn the meeting at
9:35 p.m. Unanimously
approved.
___________________________________________
CHAIRMAN BRUCE TERZUOLO
_________________________________________
GAIL W. GLASHOFF, BOARD SECRETARY