Municipal Bldg 530 West Hill Road Glen Gardner, N.J.
The 806th Regular Meeting of the Lebanon Township Planning Board was called to order at 7:06 p.m. by Vice Chairwoman Doreen Bleck. Present were: Mr. Schmidt, Mr. Piasecki, Mr. Piazza, Mr. Weiler, Attorney Gallina and Planner Bolan. Excused: Mr. Weeks, Mr. Rich, Mr. MacQueen and Mr. Gerlich.
Notice of this meeting was
provided for in the “Annual Meeting Notice Schedule” adopted by this board on
January 8, 2008, 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: January 8, 2008 Reorganization/Business Meeting
Motion by Mr. Piazza and seconded by Mr. Piasecki to approve the minutes as presented. Unanimously approved.
January 8, 2008 Executive Session
Motion by Mr. Piasecki and seconded by Mr. Piazza to approve the executive session minutes as presented. Unanimously approved.
Omnipoint Communications Block
PUBLIC HEARING Conditional
Use/Site Plan for Co-location of a
Ms. Glashoff informed the board that she received a letter from Omnipoint’s attorney Robert DelVecchio dated February 8, 2008 asking for an adjournment until the April 15, 2008 Planning Board Meeting with an extension of time through May 31, 2008. Attorney Gallina announced to the public present that Omnipoint is rescheduled to the April 15th Meeting date with no further notice needed.
Ms. Glashoff read to the
board the emails she received from Josh Rich who is in
ITEMS FOR DISCUSSION:
Planner Bolan reviewed for
the board the draft letter he prepared to be sent to the Highlands
Council. The following are some of the
comments: The Township recognizes the
improvements that have been incorporated between the initial draft and the
final draft of the Highlands Master Plan.
The Master Plan addresses issues that were ignored in the initial
draft. The letter addresses the boundary
line between the Highlands Preservation Area and the Highlands Planning
Area. There was a boundary changed at
The final draft of the RMP severely impacts the Township’s citizens and Township operations. The Township needs a new Public Works site in order to vacate the current undersized environmentally constrained site. To accomplish this and have a new site, the Township would have to purchase 70-100 acres with no surety that the site could be developed. An exemption for critical public uses must be included in the RMP. It states that the Council will develop an interagency partnership with COAH, is not sufficient, since the RMP indicates that municipalities must submit a petition for substantive certification to COAH in order to conform to the RMP.
One of the questions is if a municipality accepts a conformance grant but ultimately does not succeed in achieving conformance, what is the obligation of a municipality concerning the grant it received. The only items mentioned under the heading Landowner Fairness are the Highlands Development Program and the existing exemptions provided by the Highlands Act and since receiving areas are voluntary in the Protection Area is the Highlands Development Program with the existing exemptions by the Highlands Act. Since receiving areas are voluntary in the Protection Area and compliance in the Protection Area is voluntary, if no receiving areas are identified then there is no HDC Program. Then how does the Council intend to address this obvious problem and its impact on the Landowners Fairness. The Township’s greatest concerns are the impacts to municipal stability, regarding tax/fiscal implications and operations, the maintenance of landowner’s equity and the interaction between COAH and the Council.
February 19, 2008
At the conclusion of the board’s discussion, the board relined the bullets by comments and questions. Planner Bolan will revise the letter and send it to Ms. Glashoff to print out on Township Letterhead and have Chairman MacQueen sign it. The letter will be sent to the Council and others on the mailing list before the deadline of February 28th.
Planner Bolan reviewed for the board his memo regarding COAH. The new affordable housing need for the state is now 115,000 affordable units increased from 52,000 units in the prior Third Round. The RCA (Regional Contribution Agreement) in Round Two was $25,000.00 per unit. In the prior Third Round it was $35,000.00 per unit and now has been increased to $67,000.00 per unit. The in lieu standards, the cost of construction an affordable unit is now $145,000.00 in Region 3. The Development fees for new construction increased from 1% for residential development to 1.5% and for non-residential development (commercial/industrial) the fee went from 2% to 3% for equalized assessed value of the new construction. Planner Bolan recommended amending the COAH ordinance to include the new percents for new construction. The board agreed.
The impacts to
In conclusion after discussion with the board and their concerns of this new obligation put to them by COAH with no consideration that the Township is in the Preservation area of the Highlands, Planner Bolan will write a comment letter to COAH before the March 22nd deadline and also comment on the allocation of future residential development to the Township along with the new rehabilitation requirement. Planner Bolan will meet with the Township Committee tomorrow evening to discuss the Township’s Third Round obligation. Comments from the Planning Board and Township Committee will be incorporated in the letter to COAH.
Zoning Officer John Flemming asked questions regarding our COAH obligation. Mr. Flemming asked about having an accessory apartment ordinance. Planner Bolan informed him that we have had the COAH accessory apartment ordinance on the books for at least 10 years and we have had no takers. Planner Bolan stated that since we had no takers we had to amend our COAH housing plan in 2002 to include an RCA. The COAH rules for accessory apartments meant you had a deed restriction for 30 years and no one wanted to have that kind of restriction. Planner Bolan stated he was under the impression that COAH has changed the deed restriction clause back to 10 years which makes it a lot more viable.
PRESENTATION OF BILLS & REPORT:
a. John Gallina, Esq. $ 910.00
b. Banisch Associates $1,112.00
c. Bayer/Risse Engrs. $1,667.50
Motion by Mr. Piasecki and
seconded by Mr. Piazza to approve the bills for payment. Unanimously approved. Ms. Glashoff informed the board the new MLUL
2008 is out and she has ordered new books for everyone. Mr. Piazza informed the board that Select
Wireless LLC will be at the Township Meeting to discuss having a
Mr. Flemming addressed the board to let them know he is available to attend meetings when there is a need to discuss items with him regarding zoning. He informed the board that he has a letter going to the Township Committee for there next meeting. He stated that some of the items in his letter have already been discussed at the Planning Board.
Being no further business to come before the board, nor comments from the public, motion by Mr. Piazza and seconded by Mr. Piasecki to adjourn the meeting at 8:55 pm. Unanimously approved.
VICE CHAIRWOMAN DOREEN BLECK
GAIL W. GLASHOFF, PLANNING BOARD CLERK