REGULAR
MEETING
Municipal Bldg 530 West Hill Road Glen
The 788th Regular Meeting of the
Notice of this meeting was provided for in the “Annual
Meeting Notice Schedule” adopted by this board on
SWEAR IN: Richard Weiler, Jr. Class IV Alternate I (Unexpired Term) 12/2006
Attorney Gallina did the honors and sworn in Mr.
Weiler as Alternate I. The board
congratulated and welcomed Mr. Weiler to the board.
PRESENTATION OF MINUTES:
Motion by Ms. Schriver and seconded by Mr. Gerlich to
approve the minutes as presented. Unanimously approved.
RESOLUTION:
a. Sturbridge Estates Block
#34
Extension of
Time to file deeds
After a brief discussion by the board, motion by Mr.
Schmidt and seconded by Mr. Rich to approve the resolution of Sturbridge
Estates for an Extension of Time to File Deeds.
ROLL CALL Yes: Mr. Weeks
Mr. Rich Abstain:
Mr. Weiler Absent: Mr. Piasecki
Mr.
Schmidt Ms. Bleck
Mr. MacQueen
Mr.
Gerlich Ms. Schriver Mr. Spatz
FYI:
NJDEP
& Lebanon Township Preserve Highlands Property (Riback Farm,
Seminar
“NJ
Mr. Schmidt and Mr. Weiler said there were interested
in attending the seminar on “NJ
EXEMPTION FROM SITE PLAN REVIEW:
Country Valley Inc. Block
#38
c/o David McCrone Route 513 B1
429 Route 513
Storage shed to house used tires waiting for disposal
pickup per Hunterdon County Board of Health
Mr. McCrone gave a brief presentation to the board
explaining why he needs the storage shed for tires. Mr. McCrone stated that the
Planner Bolan referred to Section 18-5.1 of the
ordinance book regarding requirements of site plan approval and felt that the
request by Mr. McCrone did not warrant filing a revised site plan. During the board’s discussion, it was decided
that the proposed storage shed will not involve a change in use on the site or
involve a change in any parking facilities or disturbance of soil over 5000 sq.
feet. Also, the shed will serve an
important public health interest by preventing the breeding of mosquitoes.
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Motion by Ms. Schriver and seconded by Mr. Weeks to
approve the request for Exemption from Site Plan with the following condition:
a. The applicant
shall obtain all other necessary approvals from all other outside agencies
having jurisdiction.
ROLL CALL Yes: Mr. Weeks Ms.
Bleck No:
None
Mr. Schmidt Ms. Schriver
Mr.
Gerlich Mr. Weiler
Mr. Rich
Attorney Gallina will prepare the
Resolution for adoption at the July 18, 2006 Meeting.
NEW BUSINESS:
Cingular Wireless Block
#17
PUBLIC HEARING Conditional
Use with Site Plan /Co-location for
Attorney Gallina stated that all the notices are in
order and the board can proceed with the hearing. The following items were marked into
evidence: A1-Affadavit of Proof of Service, A2-Notice to Property Owners, A3-Certified
List of Property Owners (
Attorney Anilkumar Avutu made a brief presentation to
the board on behalf of his client Cingular Wireless. Attorney Avutu had RF Engineer Stephan
Guillabert was sworn in to give testimony.
Engineer Guillabert reviewed for the board the coverage sheets. The following was marked into evidence: A8-Coverage Map without Site W-161, A9-Coverage Map with Site W-16. Engineer Guillabert referred to the coverage
maps stating that areas marked in green have coverage and the white areas are
the areas in need of coverage. In the
white area on the map, if someone is trying to initiate a call they will either
get spotty service or no service at all.
Engineer Guillabert stated they comply with all the FCC regulations and
standards. Engineer Guillabert referred
to the report with the calculations with the exposure analysis which was submitted
to the board back in January 2006. The
exposure generated is less than 1% assuming 100% is the maximum allowable per
Engineer Guillabert. At the conclusion
of Engineer Guillabert testimony, the board and their professionals asked
several questions of the witness. Planner Bolan asked questions regarding Map
Exhibits A8 & A9. At the conclusion of the board questions, Vice
Chairwoman Bleck opened the hearing to the public for questions of the witness. The following person asked questions: Linda Albin questions will be answered by the
Engineer and Planner.
The next exhibit to be marked was A10-3-D Topography Map.
Engineer Guillabert reviewed the topography map for the board. The next exhibit to be marked was A11-Coverage map for sites surrounding
Verizon site. Engineer Guillabert stated
that if they were to co-locate on the Verizon site, they would lose coverage on
the
At this time, Attorney Avutu had Glenn Scherer,
Professional Engineer with the firm of Malick and Scherer sworn in to give
testimony. Engineer Scherer referred to
the Site Plan with a revision date of January 30, 2006. Engineer Scherer addressed sheet Z02 of the
Site Plan. The following was marked into
evidence: A12-Radius Map page Z02 of
Site Plan dated
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Engineer Scherer stated they are proposing some
landscaping which is to block the view of the base of the tower from
At the
conclusion of the public questions, Attorney Avutu had Planner Timothy Kronk
sworn in to give testimony. Planner
Kronk made a presentation to the board stating based on the Wireless
Telecommunications Ordinance of Lebanon Township, this location is an 8th
priority under the classifications of permitted and conditionally permitted
uses. The following item was marked into
evidence: A16-Lebanon Township
Zoning Map dated March 2002. On the map
in yellow down in the lower right-hand corner surrounding the subject property
is labeled the search ring. This area of
the municipality is where coverage is needed.
It will eliminate the coverage deficiencies that Cingular is currently
experiencing in the Township. The area
along Route 513 is highlighted in orange which are the other higher priority
zones. The next exhibit is A17- Aerial Photo taken on April 16,
2004. This shows
Planner Kronk noted the equipment compound cannot be
greater than 1500 square feet. The
proposed compound is 300 square feet and will be located inside the base of the
transmission tower. This application
meets all the visual compatibility requirements. The proposed equipment is less than 12’ in
height. Planner Kronk stated they do not
have to meet the bulk requirements for tower setbacks because they are locating
the antennas on existing structures.
This facility will meet all applicable building codes and Cingular
agrees to allow other carriers to co-locate on the tower. There will be no lighting and the site will
be in complete compliance with all FCC and
In referring to the driveway per Planner Kronk there
is no new driveway proposed to get to the site just a small parking area. Also regarding the landscaping, First Energy
has a small list of trees that are permitted.
At this time, Vice Chairwoman Bleck asked Planner
Bolan and Engineer Risse if they have any questions or comments. The answer was no and both wanted to wait
until after the public has made their comments and statements.
Vice Chairwoman Bleck opened the hearing to the public
for comments and statements at this time.
The following people made statements:
Guy Wilson, Kent Leonhardt, Walter Janicek, Robert Dzierzanowski and
Anna Dzierzanowski. At the conclusion of
the public statements, Vice Chairwoman Bleck asked for a motion to close the
public hearing. Motion by Ms. Schriver
and seconded by Mr. Weeks to close the public portion of the hearing. Unanimously approved.
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Vice Chairwoman Bleck asked for comments from the
board professionals. Planner Bolan
stated that the application meets all of the setback requirements of the ordinance
and all the conditional use standards in the ordinance. This will reach very important parts in the
Township running from
When the board was asked for their comments, Mr. Rich
suggested that we make the approval subject to the approval of this outside
conservation society. Ms. Schriver
agreed with Mr. Rich’s suggested condition of approval. Planner Bolan suggested the applicant submit
a list of the approved trees, ones First Energy will approve and we can select. Ms. Bleck suggested a time frame for
completion. Mr. Schmidt concurred with
the comments made by board members.
Planner Bolan mentioned the
a. The applicant
will obtain all other necessary approvals from all other agencies
having jurisdiction in this matter.
b. The applicant
will obtain the necessary approval from the
Foundation
that this application is not prohibited under the agreement between the
Foundation and the property owner.
c. The antennas
will be painted the same color as the existing tower.
d. The applicant
will provide an updated certification from the Tax Collector that
property taxes are paid up to date.
e. The applicant
will consult with the Board Planner in order to select an appropriate
type of tree for screening of the equipment compound, which
will also be permitted
by First Energy.
ROLL CALL Yes: Mr. Weeks Ms.
Bleck No: None Absent: Mr. Piasecki
Mr.
Schmidt Ms. Schriver Mr. MacQueen
Mr.
Gerlich Mr. Weiler Mr.
Spatz
Mr. Rich
Attorney Gallina will prepare the
resolution to be placed on the next agenda of July 18, 2006.
The board took a recess at
ITEMS FOR DISCUSSION:
a. Fence
Ordinance – Planner Bolan
Planner Bolan reviewed for the board the fence
ordinance from
Planner Bolan stated that most fence ordinances don’t
allow for 6 foot fences in the front yard.
It is not consistent in maintaining the rural character. In this ordinance it states that you can have
a 3 foot fence almost up to your front property line, keeping it at least 2’
back from the ROW line. As you go back,
once you are 10’ from the property line, you can have a 4’ fence and once you
get to the setback line, which is generally 50’ then you can have a 6’ fence
all the way around the house. You don’t
want the effect of a wall compound going down the road. Planner Bolan suggested 50% solid fencing
like picket fencing or horse fencing.
You want to keep with the character in the Township. This particular ordinance is enforceable.
Planner Bolan stated that another issue the Zoning
Officer brought up is the location of monuments or pillars on residential
properties. This is what is referred to
as the gated house look. Should there be
setbacks and size controls. The Board of
Adjustment at an upcoming meeting will be dealing with an interpretation
regarding this issue. Mr. Rich had
concerns stating there are houses that are very close to the road and a fence
gives them a lot of protection against noise, dirt and keeping animals in. We should at least think about something that
would permit an exception. Mr. Rich
referred to sections of the ordinance that are very good, but houses that were
built very close to the road should be given some kind of consideration. How did
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the zoning board for relief.
Planner Bolan noted that out of two –three thousand properties in the
Township, there may only be 20+ that would have a problem adhering to the
ordinance. At the conclusion of the
board’s lengthy discussion, it was decided to have the fences and monuments/pillars
placed on the next agenda for continued discussion.
b.
Increase Escrow Fee on Exemption from Site Plan from $75.00 to $400.00 -
$500.00
Ms. Glashoff stated that the escrow for Exemption from
Site Plan is only $75.00 since the fee charged is $50.00. The amount is totally in sufficient for any
review by our professionals and suggested the board amend the fee schedule to
increase the amount to at least $400.00.
After a brief discussion, the board agreed to increase the amount to
$400.00. Motion by Ms. Schriver and
seconded by Mr. Gerlich to have Attorney Gallina draft an amendment to the Fee
Schedule Ordinance to increase the Escrow for Exemption from Site Plan to $400.00. Unanimously approved.
b.
Problem Statement & MCA-NJ
Partnership Workshop Minutes (
Mr. Rich stated he will give the report and noted that
Warren Newman, Chair of the Environmental Commission was also present at this
workshop and is here this evening.
Besides Mr. Rich, Gary MacQueen and Darryl Schmidt were also present at
the Workshop. Mr. Rich informed the
board that MCA-NJ Partnership has received a grant from the Dodge Foundation
and have completed the first phase and now want to go to phrase two. The municipalities that are participating in
this are:
Mr. Rich noted that if this was developed and it
didn’t cost the Township any money and it could be used for all building. Planner Bolan asked if there was any
financial commitment on the Township at this point.
Mr. Newman stated not at this point. Mr. Newman stated that if we had this
pamphlet it would be up to the Zoning Officer and Building Department to
provide it. Mr. Schmidt suggested to the
Board to have Planner Bolan work up the numbers of the vacant lots in the
Township. Planner Bolan suggested not
only focusing on grandfathered lots but a manual that should be out there for
the residents. Planner Bolan referred to
a very interesting document that was prepared by
Ms. Glashoff asked the board to approve an expenditure
of $300.00 which was a 3rd of the cost for a Map Filing Drawer. The cost will be split 3 ways, Planning
Board, Board of Adjustment and Tax Assessor Budget. Ms. Glashoff stated that she has 2 of these
Map Filing Drawers at present and with all the subdivision maps and site plans
that still need to be filed and third drawer is needed. Motion by Mr. Gerlich and seconded by Mr.
Weeks to approve the expenditure to let Chairman MacQueen sign off on the
voucher when the bill has been received.
Unanimously approved
PRESENTATION OF BILLS & REPORT:
a. John Gallina,
Esq. $ 715.00
b. Banisch Associates $3,151.30
Total: $3,866.30
Motion by Ms. Schriver and seconded by Mr. Weeks to
approve the bills for payment. Unanimously approved.
Ms. Glashoff asked the board to approve a voucher for a Luncheon/Seminar
for her to attend on June 14th with the
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CORRESPONDENCE:
a. Letter from
Residents regarding a proposed ordinance amendment
Ms. Glashoff informed the board that this letter is
also on the Township Committee’s agenda for tomorrow evening. Ms. Schriver informed the board that a group
wants to set up soccer fields, a competitive soccer area down on
Ms. Glashoff suggested cancelling the June 20th meeting
for lack of business and since the next meeting was July 4th to hold
the next meeting on July 18th.
The board agreed. Motion by Mr.
Rich and seconded by Mr. Gerlich to cancel the June 18th meeting
with the next meeting on July 18th at
Being no further business to come before the board, nor comments from the public, motion by Mr. Gerlich
and seconded by Mr. Schmidt to adjourn the meeting at
___________________________________________
VICE CHAIRWOMAN DOREEN BLECK
______________________________________________
GAIL W. GLASHOFF, PLANNING BOARD CLERK