530 West Hill Road Glen
The 808th Regular Meeting of the Lebanon Township Planning Board was called to order at 7:05 p.m. by Chairman Gary MacQueen. Present were: Mr. Weeks, Mr. Schmidt, Mr. Gerlich, Ms. Bleck, Mr. Weiler, Attorney Gallina and Engineer Risse. Planner Bolan arrived at 7:15 p.m. Excused: Mr. Piasecki and
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: March 18, 2008 Regular Meeting
Motion by Mr. Gerlich and seconded by Mr. Schmidt to approve the minutes as presented. Unanimously approved.
FYI: Ethics Forms due April 15th.
ORDINANCE BACK FROM TOWNSHIP COMMITTEE:
a. Ordinance #2008-05 (Checklist) Introduced on April 2, 2008 with Public Hearing on May 7, 2008
Motion by Ms. Bleck and seconded by Mr. Gerlich to send the ordinance back to the Township Committee for Adoption on May 7, 2008. Unanimously approved.
Omnipoint Communications Block #12
Parsippany, N. J. 07054
(Extension of Time Expires: May 31 2008)
CONTINUATION OF A PUBLIC HEARING Co-location for a
Ms. Glashoff read into the
record the letter she received from Attorney DelVecchio with drawing the
application of Omnipoint Communications.
Motion by Ms. Bleck and seconded by Mr. Weiler to accept the letter
withdrawing the Omnipoint application for a co-location for a
Attorney Gallina will prepare a Resolution to be placed on the next agenda for May 20, 2008.
David Klipstein Block
HEARING Amend 3 Lot Minor
Subdivision w/remaining lands/variances to 2 Lot Minor Subdivision w/remaining
Attorney Larry Cohen was present to represent the applicant David Klipstein. Attorney Cohen noted
the subdivision for 3 Lots and remaining lands was approved by the Planning Board in May 2004 and
by August 2004 the Highlands Act was adopted which was retro to March 29, 2004 and the approval
fell within that gap.
Mr. Klipstein then applied to the
application was approved.
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-Notice to Property Owners,
A3-Affadavit of Proof of Service, A4-Notice in Newspaper, A5-Certified List of Property Owners,
A6-Letter of approval from DEP dated August 23, 2007, A7-POD Slips, A8-subdivision plan approved by
Highlands dated August 23, 2007, A9-subdivision plan amended to reflect
February 25, 2008.
Attorney Cohen stated that the new lot configuration
existing house, Lot #17.01 consisting of 7.50 acres on Route
Road will be 15 acres. Of Lot #17.02, 13.208 acres will be in a
conservation easement and
acres will be in a conservation easement. Per the DEP Highlands,
eliminated. The original two lots have now been combined into one lot which is #17.02. The
subdivision is the same except that
April 15, 2008
The final plat for Stone Row was the dedication and it has been carried on the tax maps as a dedicated
roadway. The Preliminary subdivision showing the ROW had been approved 21 years ago. The DEP
Subdivision Resolution dated May 2004, condition #6 “the applicant will submit the appropriate deed
easement indicating the owner of Lot #32.08 giving the
appropriate grant of access thru
easement document shall be recorded”. Attorney Cohen quoted case law regarding granting of easements
per “Tennis Club vs City of
obtaining an easement over someone else’s property. Attorney Cohen stated this is a municipal roadway
and they will petition the Township. It is a dedicated public roadway and has been carried on the Tax Map
and the applicant had been granted a variance to build on a property that does not front a public road but
allowed since it was part of the original resolution.
Chairman MacQueen asked if the board had any questions of Attorney Cohen. Ms. Bleck asked to see
the map on the tri-pod. Attorney Cohen placed the Final Plat of Stone Row on the tri-pod for review. Once
the map was posted, Attorney Cohen asked to have it marked into evidence. A10-Original minor
subdivision approved, prepared by Ferriero Engineering dated June 9, 2003 and revised August 17, 2004.
Attorney Cohen reviewed for the board the original approved minor subdivision from 2003. Attorney
Cohen referred to A9 which is the approved plan by the DEP Highlands which shows additional
conservation easements required by the DEP & Highlands Commission. Part of the approval was to
remove the line between Lots #17.02 & #17.03 and have one lot consisting of 15 acres. With the original
approval in 2004 the ROW is clearly shown on the plan and it
states for future access to
& 17.03. Planner Bolan said in looking at the plan, it shows a proposed 50’ wide access, drainage and
Utilities for the purposed driveway. Attorney Cohen stated it goes within the municipal roadway and it is
Shown on the Township map and is dedicated. It is also shown on the Tax Map of Lebanon Township.
Engineer Risse noted that the ROW is shown on the final plat of the Stone Row Subdivision. It was noted
by Chairman MacQueen that having these ROW’s when a subdivision is granted is not unusual with large
tracts to have a ROW adjoining for future access. Planner Bolan noted that a ROW is different than
a proposed easement. At this time the following final plat was marked into evidence as A11-Stone Row
Final Plat prepared by Robert Lee Associates dated May 13, 2002.
Attorney Cohen stated that he would like the subdivision amended to show 3 lots with the conservation
easement to be consistent with the new map submitted February, 2008 and remove condition #6 from
the new resolution, no problem with the other conditions. Attorney Gallina noted condition #5 becomes
moot since there will not be a common driveway for two lots, there will only be one new lot.
Attorney Cohen agreed. Chairman MacQueen asked for a legal opinion regarding eliminating condition
#6. Attorney Gallina suggested opening up to the public for questions. The following people asked
many questions of Attorney Cohen: Dan Finn and Dan Hughes. After a brief discussion, Chairman
MacQueen opened the public hearing for statements and comments. Attorney Robert Marks who
represents Mr. & Mrs. Felts owners of
stated there is one basic misconception that Attorney Cohen has and it is that the Felts had participated and
agreed to the easement and the board did not make a finding of fact that an easement was necessary and
instead the applicant Mr. Klipstein back in 2004 came to the board and said he had an agreement with
the owner which was Hickory Developers and that Hickory Developers has agreed to give us an easement.
The board never had to consider whether or not the ROW can be used for this purpose or whether it can be used for this single use for a particular developer as purposed or as a road that the Township would need as necessary in a later date.
Attorney Marks stated that Hickory
Developers didn’t do properly was to recognize in 2002 that they entered into a
contract with the Felts to build a house.
That contract stated that Hickory Developers will not give any rights to
anybody else that affect his client’s rights to the property. Attorney Marks informed the board that he had
contacted Hickory Developers attorney letting them know that the board’s intent
to give an easement to Klipstein was a violation of the contract with the Felts
and that steps will be taken to block it.
Attorney Marks said they were successful in convincing
April 15, 2008
Chairman MacQueen asked Planner Bolan for his input on this issue. Planning Bolan stated that from a
Planning perspective the board had approved 2 lots off of the cul-de-sac. Now the board has been asked to
change the approval from 2 lots to 1 lot which is simple. Any impairment that had occurred as a result of
the 2 lots would be lessened by the fact that you now only have 1 lot. Engineer Risse did not have any
comments since we are going from 2 lots down to 1 lot. Chairman MacQueen asked if the board had any
additional questions. There were none. Attorney Marks stated his concerns for his clients regarding the
ROW. The new driveway would be 10’ from the Felt’s existing driveway and there would be proper
landscaping for the Felt’s property. Attorney Cohen agreed that they don’t want to create an unsafe
Chairman MacQueen asked Attorney Gallina for a legal opinion. Attorney Gallina stated that Attorney
Cohen is arguing regarding the condition of obtaining
an easement from
board’s authority since it seems to control other people’s property. There was representation earlier in the
testimony regarding the application and the agreement of easement. Attorney Cohen said that it is a legal
issue that his client has access or he doesn’t have
would possibly have to go before the Township Committee to resolve the access issue and is seeking to
have the condition removed. Attorney Marks claims there is a big difference between a 50’ ROW and a
16’ common driveway even though it is not going to be a common driveway. Generally the board does
not get involved with legal issues. The board has given these approval and whether or not the applicant
can get legal access is a legal issue. Condition #5 has become moot since it is no longer a common
driveway. This issue over the access was discussed at length. At this time, Chairman MacQueen asked if
Attorney Cohen had any other witnesses. Attorney Cohen said no. Chairman MacQueen asked if
anyone from the public wanted to give testimony. Sig Shorr, a Realtor from
represents David Klipstein in this real estate transaction. Mr. Shorr stated for the record that Mr. Felts
offered to sell Mr. Klipstein the easement for $250,000.00 which was totally unreasonable. During the
discussions while waiting for Highlands/DEP approval, Mr. Klipstein offered to pay the Felts $25,000.00.
Attorney Cohen noted that you can’t sell what you don’t own. Where we propose the driveway is a
Municipal dedicated ROW to the municipality. Mr. Felts property line goes up to the boundary of the
50’ ROW. At this time, the map showing the driveway and ROW was reviewed. Planner Bolan interjected
asked where is the lot line between Lots #32.08 & 32.07? The board discussed and reviewed this issue
with the board’s professionals and Attorney Cohen along with Mr. Felts at length. Attorney Gallina stated
it appears the proposed driveway going into Lot #17.02 and coming off of Doefield Road is outside the
boundary line of
discussion regarding the ROW, Attorney Cohen gave his summation. Motion by Ms. Bleck and seconded
by Mr. Gerlich to close the public portion of the hearing. Unanimously approved.
During the board’s deliberations, it was agreed to eliminate conditions #5 & #6 as they are both moot.
Motion by Mr. Gerlich and seconded by Ms. Bleck to approve the subdivision as amended per
Highlands/DEP approval eliminating
a. Eliminate conditions #5 & #6 from prior Resolution.
b. All prior conditions will remain in effect except for the elimination of conditions #5 & #6.
c. Driveway to be located outside of the
boundary line of
d. Applicant to get the appropriate driveway permit and establish with the appropriate body
being either the Township Committee or board that they have the right to access along the
e. Comply with all outside agencies having jurisdiction.
ROLL CALL Yes: Mr. Weeks Mr. MacQueen No: None Absent: Mr. Rich
Mr. Schmidt Ms. Bleck Mr. Piasecki
Mr. Gerlich Mr. Weiler Mr. Piazza
Attorney Gallina will prepare the Resolution to be placed on the May 20, 2008 agenda.
PRESENTATION OF BILLS:
a. John Gallina, Esq. $315.00
b. Bayer/Risse Engrs. $632.50
Ms. Glashoff stated she had an addendum to the agenda for the bills which included a bill report. The additional bills are from Planner Bolan in the amount of $1,339.20 which brings the grand total of bills to $2,286.70. Motion by Mr. Gerlich and seconded by Ms. Bleck to approve the bills as amended. Unanimously approved.
a. Memo from Zoning Officer – referred from TC Meeting 3/19/2008
April 15, 2008
The board discussed the memo from the Zoning Officer at length stating that all the issues in the memo are good ones and agreed to have him come in to discuss his memo at a future meeting. Mr. Gerlich suggested having a subcommittee consisting of 2 members of the Township Committee and 2 members of the Planning Board along with the Zoning Officer to work on the issues that Mr. Flemming has brought up.
Ms. Glashoff reviewed for the board a few items that came in after the packets were mailed. One item was regarding grant monies from the Highland Council. This was passed on to Planner Bolan to look into. The board received a very nice Thank You card from Doreen & Tom Bleck for the Fruit Basket.
OPEN TO THE PUBLIC
Being no further business to come before the board, nor comments from the public, motion by Mr. Weeks and seconded by Ms. Bleck to adjourn the meeting at 9:10 p.m. Unanimously approved.
CHAIRMAN GARY MACQUEEN
GAIL W. GLASHOFF, PLANNING BOARD CLERK