Lebanon Township Board of Adjustment                                          August 26, 2009

Municipal Bldg   530 West Hill Road  Glen Gardner, N.J.


The Regular Meeting of the Lebanon Township Board of Adjustment was called to order at 7:35 by Board Secretary Ms. Glashoff.  Present were:  Mr. Machauer, Mr. MacQueen, Mr. Perry, 2nd Alternate Maurizio and Attorney Gallina.  Excused:  Mr. Terzuolo, Mr. Abuchowski, Mr. Kozlowski and Mr. Eberle.


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 News, Star Ledger and posted on the bulletin board in the Municipal Building on August 19, 2009.


Ms. Glashoff asked for a motion to nominate a Chairman for this evening.  Motion by Mr. Maurizio and seconded by Mr. Perry to appoint Mr. MacQueen as Chairman.  Being no further nominations, motion by Mr. Perry and seconded by Mr. Maurizio to close the nominations.  Unanimously approved.


At this time, Ms. Glashoff turned the meeting over to Chairman MacQueen.


PRESENTATION OF MINUTES:                August 12, 2009    Regular Meeting


Motion by Mr. Maurizio and seconded by Mr. Perry to approve the minutes with a minor correction.  Unanimously approved.




Patrick Allen                                                    Block #16    Lot #64

666 JIN XIU Road                                           Old Readingsburg Road   RC

No. 9 Apt 1102

Pudong, Shanghai, China


CONTINUATION OF A PUBLIC HEARING      Bulk Variances & Variance to Build a

                                                                              House on a Private Road


Attorney Robert Boak was present to represent the applicant Patrick Allen.  Attorney Boak said he was here this evening to ask for another extension of time on behalf of his client Patrick Allen.  Attorney Boak stated they have not been able to locate the septic system and need more time.  Chairman MacQueen asked the board attorney if there were any other issues besides the septic that need to be addressed.  Attorney Gallina said the main issue was the septic system.  Attorney Boak informed the board they are waiting for funding from Mr. Allen in China for the engineer.  Attorney Gallina asked if any work had started to look for the septic system.  Attorney Boak said no.


Chairman MacQueen asked for advice on how they should proceed at this point from Attorney Gallina.  Attorney Gallina stated if the board denied the application without prejudice, the applicant would then have to start over from the beginning with notices etc or the board could grant one more continuance with the understanding that he has to proceed expeditiously.  Chairman MacQueen asked about the extension.  Ms. Glashoff stated the letter she received asked to be continued to the September 23rd meeting.  Ms. Glashoff noted that both meetings in September are already booked. Transtar is coming in on September 9th and the Edwards are coming in on September 23rd.  Ms. Glashoff offered September 30th since it is the 5th Wednesday if the board wishes to keep it in September.  Attorney Boak asked about the October dates.  Chairman MacQueen interjected and noted that it would be better to carry over to November because of the two applications that are on in September we will probably need the dates in October for them.  Ms. Glashoff offered Thursday November 12th.  Chairman MacQueen asked if there were any other dates in November.  Ms. Glashoff answered no, not with the November holidays.  At the conclusion of the discussion, Attorney Gallina announced that the Patrick Allen application will be carried over to November 12, 2009 at 7:30 p.m. with no further notice given. 








Lebanon Township Board of Adjustment

August 26, 2009

Page 2





Michael & Deborah Mollo                               Block #59     Lot #10

c/o  Edward Palmer, Esq.                                 218 Musconetcong River Road   R5

216 High St.   P.O. Box 485

Hackettstown, N.J.  07840


PUBLIC HEARING                           Bulk Variance for Front-yard Setback    Section 400:4.1

                                                            Schedule I


Attorney William Edleston along with Mr. Gary Mirsky were present on behalf of the applicants.  Attorney Gallina announced that all the notices are in order and the board can proceed with the public hearing.  The following items were marked into evidence: A1-Taxes Paid, A2-Certified List of Property Owners & Utilities, A3-Notice to Property Owners, A4-Affadavit of Proof of Service, A5-POD Slips, A6-Notice in Newspaper.  Attorney Edleston asked to have the plans marked into evidence at this time.  A7-Proposed Plans consisting of 12 sheets dated April 13, 2009 prepared by Joseph Gallagher, Architect, not signed or sealed.


Attorney Edleston asked to have Mr. Mirsky sworn in at this time to give testimony.  Mr. Mirsky stated he is the stepfather of Debra Mollo.  Mr. Mirsky stated his daughter and son-in-law would like to put a 2 story addition on their home which will consist of a recreation room on the first floor and a bedroom, bathroom and laundry room on the second floor.  The entire house encroaches into the front yard setback.  The house is 200+ years old.  Mr. Mirsky went on to say that the back of the property has a steep grade and there is also a pond.  To the west is the septic system, the addition will be on the right side of the house and the well will need to be relocated because of the addition.  The Mollo’s have lived in the house over 10 years and received from this board a variance back in 2001 for an addition.


At the conclusion of Mr. Mirsky’s testimony, Chairman MacQueen asked if the board had questions of the witness.  Mr. Machauer asked the size of the addition.  Mr. Mirsky said the square footage is approximately 800 sq. feet for each level.   Mr. Maurizio had questions about the photos.  Ms. Glashoff informed the board she had the original photos from which copies were made and sent to the board members and asked if the board would like to have them marked into evidence.  At this time the photos were marked into evidence: A8-4 Photos of house & property.  Mr. Mirsky testified to the photos that were marked into evidence.  Chairman MacQueen referred to the prior addition approved by the board in 2001 and asked which part of the house had the addition.  Mr. Mirsky said the vertical which was up over the kitchen.  Chairman MacQueen asked which buildings were in the setback.  Mr. Mirsky said the house, barn & garage.  There is also a 3 car garage that is within the building envelop and a spring house. 


At the conclusion of the board’s questions, Chairman MacQueen opened the hearing to the public for questions.  There were none.  Mr. Machauer asked for clarification and asked if all of the added space is living space.  Mr. Mirsky answered all will be living space.  Attorney Edleston stated they have no other witnesses and this completes their presentation. Chairman MacQueen opened the hearing to the public for comments and statements.  There were none.  Attorney Edleston gave his summation at this time.


Chairman MacQueen announced that the evidence taking portion of the hearing is now closed.   The board deliberated at this time commenting that it would not be a detriment to the public good, older homes were built near the road putting them in the front yard setback once zoning was put into place.  At the conclusion of the discussion, motion by Mr. Maurizio and seconded by Mr. Perry to grant the bulk variances for the addition with the following conditions:


a.  Approval to any outside agencies having jurisdiction.

b.  Building permits to be obtained within 18 months of the

     adoption of the Resolution of Approval.


ROLL CALL      Yes:   Mr. Machauer                Mr. MacQueen         No:  None    

                                      Mr. Maurizio      Mr. Perry                


Attorney Gallina will prepare the Resolution to be placed on the next Agenda on

September 9, 2009


Lebanon Township Board of Adjustment

August 26, 2009

Page 3





a.  John Gallina, Esq.               $  57.50 – Board time spent at meeting  8/12/2009                                                                  $460.00 – Escrow   (M. Edwards)

                                                $115.00 – Review Ltr Atty Shurts, phone conf.

    Bd Sec/Zoning Officer

b.  Bayer/Risse Engrs.              $268.88 -  Escrow (Transtar/Tranquilli)

                                                $  89.63 -  Board time spent at meeting  7/8/2009

c. Court Stenographer              $200.00 -  Attend Meeting  8/26/2009

                                                $123.00 -  Transcript (Edwards)

                                    Total:  $1,314.01


Ms. Glashoff stated she had one additional bill to add.  The voucher is from Attorney Gallina in the amount of $201.25, escrow for the Mollo application.  This brings the total to $1,515.26.  Motion by Mr. Perry and seconded by Mr. Maurizio to approve the bills as amended.  Unanimously approved.


CORRESPONDENCE:     Zoning Law   8/21/2009


Being no further business to come before the board, nor comments from the public, motion by Mr. Perry and seconded by Mr. Maurizio to adjourn the meeting at 8:15 p.m.  Unanimously approved.




                                                                        CHAIRMAN GARY MACQUEEN