REGULAR MEETING
Municipal Bldg
530 West Hill Road
Glen
The Regular Meeting of the
Lebanon Township Board of Adjustment was called to order at 7:35 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
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.
UNFINISHED BUSINESS:
Patrick Allen Block #16
666 JIN XIU Road
No. 9 Apt 1102
Pudong,
CONTINUATION OF A PUBLIC HEARING Bulk
Variances & Variance to Build a
House on a
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
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.
August 26, 2009
Page 2
NEW BUSINESS:
Michael & Deborah Mollo Block #59
c/o Edward Palmer, Esq.
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
August 26, 2009
Page 3
PRESENTATION OF BILLS:
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
___________________________________________
GAIL W. GLASHOFF, BOARD SECRETARY