530 West Hill Road Glen
The 797th regular Meeting of the Lebanon Township Planning Board was called to order at 7:09 p.m. by Chairman Gary MacQueen. Present were: Mr. Weeks, Mr. Schmidt, Mr. Gerlich, Mr. Rich, Mr. Piazza, Mr. Weiler, Attorney Gallina, Planner Bolan and Engineer Risse. Ms. Bleck arrived at 7:15 p.m. and Mr. Piasecki arrived at 7:16 p.m.
Notice of this meeting was
provided for in the “Annual Meeting Notice Schedule” adopted by this board on
January 16, 2007, 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: March 6, 2007 Regular Meeting
Mr. Rich noted there were a few corrections that needed to be made to the minutes. Mr. Rich gave Ms. Glashoff his copy of the minutes to work from. Motion by Mr. Rich and seconded by Mr. Piazza to approve the minutes with Mr. Rich’s noted corrections. Unanimously approve.
a. C&C Homes Block
Waiver from Resolution Condition #
from Minor Subdivision Approval
Motion by Mr. Piazza and seconded by Mr. Schmidt to approve the resolution for Waiver from Condition #8.
Roll Call Yes: Mr. Weeks No: None Abstain: Mr. MacQueen Absent: Ms. Bleck
Mr. Schmidt Mr. Gerlich Mr. Piasecki
Mr. Rich Mr. Weiler
ITEM FOR DISCUSSION:
a. Letter to
At the March 6th Workshop Session, the board asked Planner Bolan to prepare a draft comment/position letter to the Highlands Commission. Planner Bolan referred to the top of page which states “In the Preservation Area the Act required an identification of areas where development shall not occur”. Mr. Rich had contacted him because he thought in the Act it stated that the landowners would be compensated for their land. Planner Bolan noted in reviewing the Act, it does not allow for compensation to the landowners. Planner Bolan read the language in the Act regarding the Preservation Area which states “A Preservation Zone element that identifies zones within the Preservation Area where development shall not occur in order to protect water resources and environmentally sensitive lands and which shall be permanently preserved through the use of a variety of tools including but not limited to land acquisition and the Transfer of Development Rights (TDR). That is the closest wording in referring to compensation. Planner Bolan suggested revising the first bullet on page 2 to reflect what is actually said in that section of the Act.
Mr. Rich and Mr. Piasecki noted some corrections in paragraph #3 and the following paragraph. Planner Bolan made note of the changes. Planner Bolan referred to the last page of the letter regarding the Township’s need for a new Public Works Site and suggested moving it to another section of the letter.
In reviewing the Act looking for the compensation language, Planner Bolan found a section on public development. It’s states that they (Highlands Council) that any local government unit that involves the ultimate disturbance of 2 acres or more of land or accumulative increase of impervious surface by 1 acre or more which would be a new public works site and would need to be submitted to the Council for review. Mr. Schmidt suggested changing the acreage from 50-70 acres to 70-100 acres. Planner Bolan agreed along with the board. At that suggestion of the board, Planner Bolan will rewrite that section of the letter. The last item was a comment about homeowners and expansion of homes. Per Planner Bolan, in reviewing the Act again, new homes and expansion of home that are in existence at the time of the Act are exempted, August, 2004. This should be noted in the letter regarding those homes after 2004. Mr. Rich felt this issue is just as important as the public works garage. Both of these items need to be pointed out in the letter. As Mr. Schmidt noted, this goes to the heart of every resident in the Township, it’s not just the farmers that are losing the land, it also goes to your homeowners. Planner Bolan read a section of the Act and the Highlands Master Plan can not override the Act. Planner Bolan read the items that are exempt before the Act went into effect.
Ms. Glashoff referred to the Stone Row Subdivision and asked if those houses are exempt or not. Planner Bolan stated that since final subdivision was granted before March, 2004, those houses are exempt. Mr. Rich asked if these exemptions apply to houses built before 2004 and existing lots of record before 2004. Planner Bolan answered yes. Mr. Piasecki stated that even if the Plan appears to change it, the Act overrides it. The last item is the cc’s on the letter. Planner Bolan read the list of people/agencies to be included on the cc’s: Governor Corzine, Hunterdon County Freeholders, Newspapers, Attorney Gallina interjected stating that he read in the Star Ledger that the Highlands Commission is looking to extend the
March 20, 2007
comment period an additional month. Chairman MacQueen suggested putting something in the letter regarding COAH. Planner Bolan read the comments from COAH regarding the Highlands Master Plan and those affected by it. Mr. Piasecki suggested putting something in the letter informing them how difficult it is to fulfill the COAH obligation when you are in the Preservation Zone. The board discussed this issue at length. Back to the cc list on the letter. Planner Bolan continued with the Legislators (our district), Office of Smart Growth – Eileen Swan, Hunterdon County Planning Board and the other Preservation municipalities. Chairman MacQueen thanked Planner Bolan for a job will done. The board decided if there is an extension to May, then the revised letter is to be on the next agenda for final review and approval otherwise, the letter will be revised, signed by the Chairman and sent to all those people/agencies mentioned. It was noted, the next board meeting is April 17th.
At this time, the board addressed the letter received from Attorney DelVecchio regarding Omnipoint which is listed under Unfinished Business before starting the informal discussion with Crossroads.
Ms. Glashoff announced that Darryl Schmidt has taken the Training Class for Planning and Zoning Board Members and passed the test and would like this evening to present him with his Certificate. The board congratulated Darryl.
b. Fences – Planner Bolan
Planner Bolan informed the board that since he did not think we would have time to discuss fences, he did not bring the file. Ms. Glashoff offered to put this on the next agenda. Chairman MacQueen stated that he would like to address this issue this evening since everyone was present and if everyone agreed. The board agreed.
Chairman MacQueen referred to
the draft of the fence ordinance from December 2006 which he gave to Planner
Bolan. Planner Bolan noted that the
second alternative that was discussed was from
ROLL CALL Yes: Mr. Weeks Ms. Bleck No: Mr. Schmidt
Mr. Rich Mr. Piazza Mr. Gerlich
Mr. MacQueen Mr. Weiler Mr. Piasecki
FYI: NJDEP Highlands Exempt Update 3/10/2007
March 20, 2007
Crossroads Outdoor Ministries Block
Camping & Retreat Center Pleasant
29 Pleasant Grove Road
Discuss new buildings and 2 additional entrances
The following people were
present to discuss the Informal: Tom
Groendyke, Alan Bowen, President of Crossroads, Andrew Mollner, Co-Executive
Director and Brian Bosenberg, Landscape Architect. Mr. Groendyke made a presentation to the
board. Two years ago the camp went to
the NJDEP after the Highlands Act went into affect to get approval for certain
building structures and to provide for change in the septic system for some additional septic
capacity to take care of a system that was beginning to fail. The NJDEP has given the camp tentative
approval to add a 30 bed
Attorney Gallina asked if the
administrative consent order, the stipulation of settlement has been signed? Mr. Groendyke answered no and stated that in
order to sign it they need to submit a Site Plan to the DEP. Attorney Gallina asked how did this show up
at the Office of Administrative Law. Mr.
Groendyke said that even though churches are exempt from the system, they were
told no for several reasons. The DEP
Chairman MacQueen asked
Planner Bolan since we have more than one camp in the Township church related,
in our letter to the
Mr. Groendyke reviewed for
the board the two sets of drawings that the board had before them. Architect Brian Bosenberg made a presentation
to the board reviewing the layout they had with them that was color coated and
explaining to the board what they would like to accomplish at this time with
the Site Plan. At the conclusion of Mr. Bosenberg’s testimony, the board discussed the layout at
length with the applicant and made the following recommendations: move the
Omnipoint Communications Block
c/o Robert DelVecchio, Esq. Route 513 R3
CONTINUATION OF A PUBLIC HEARING
Conditional Use/Site Plan/Variances for
Ms. Glashoff read into the record the letter received from Attorney DelVecchio requesting to have Omnipoint Communications rescheduled to the May 15, 2007 Planning Board Meeting at 7:00 p.m. and granting an extension through June 31, 2007. Chairman MacQueen asked if the board could get copies of the transcript since it has now been several months. Ms. Glashoff informed the board that she has a copy of the transcript and will make copies to hand out at the next meeting in April.
PRESENTATION OF BILLS & REPORT:
a. John Gallina, Esq. $ 326.20
b. Banisch Associates $1,116.80
Ms. Glashoff informed the board she had two additional bills to add to the bill list. Both bills were from Attorney Gallina, one for $385.00 and the other for $455.00, which brings the grand total of the bills to
March 20, 2007
$2,283.00. Both bills were reviewed for the board. Motion by Mr. Gerlich and seconded by Ms. Bleck to approve the bills as amended. Unanimously approved.
a. Article on Eminent Domain in NJ
b. Ltr from DCA Guidelines re: Appellate Division Decision on COAH 3rd Round Rules
Being no further business to come before the board, nor comments from the public, motion by Ms. Bleck and seconded by Mr. Piasecki to adjourn the meeting at 8:40 p.m. Unanimously approved.
CHAIRMAN GARY MACQUEEN
GAIL W. GLASHOFF, PLANNING BOARD CLERK