530 West Hill Road
The 810th 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. Rich, Mr. Piazza, Attorney Gallina, Planner Bolan and Engineer Risse. Excused: Ms. Bleck, Mr. Gerlich, Mr. Piasecki and Mr. Weiler.
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: May 20, 2008 Regular Meeting
Motion by Mr. Piazza and seconded by Mr. Schmidt to approve the minutes as presented. Unanimously approved.
a. David Klipstein Block
Extension of Time to File Deeds Route 513/Doefield Road RC 7˝
Motion by Mr. Piazza and seconded by Mr. Weeks to approve the resolution for an Extension of Time to File Deeds. Unanimously approved by those eligible to vote.
Conditional Use/Site Plan/Bulk/C
Variances for a Co-location on a
Attorney Tom Collins was present to represent the applicant Cellco Partnership/Verizon Wireless and made a presentation to the board. 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-Authorization to Proceed by Owner, A3-Partnership Disclosure Statement, A4-Certified List of Property Owners and Utilities, A5-Affadavit of Proof of Service, A6-Notice to Property Owners, A7-Certified Mailing Slips, A8-Newspaper Notice.
Attorney Collins had Ron
Igneri sworn in to give testimony. Mr.
Igneri is a licensed Engineer and Planner.
Engineer Igneri informed the board that the plans were prepared by
Innovative Engrs Inc. and proceeded to review them for
the board. The following was marked into
evidence: A9- page Z01 dated August 24, 2007 and revised September 18, 2007, A10-page Z02 dated August 24, 2007 and
revised September 18, 2007. Engineer
Igneri stated that they addressed all the concerns of Board Engineer
Risse. Presently Tower #94 is occupied
by Cingular and Verizon Wireless is looking to occupy Tower #95. There is an existing access road to the
Towers from Route 31. Engineer Igneri
noted that there are
The existing elevations are
134.6’ tower at the top and what they are doing per Engineer Igneri is a
trans-mount which is a pipe that is strapped in to the cross members through
the center. On top of that is a low profile platform where
the antennas are mounted. There are
three sectors with 4 antennas in each sector with a total of 12 antennas. At this time the board was asked if they had
questions. Chairman MacQueen asked about
the roadway going up to the tower and if there would be any improvements. Engineer Igneri answered no. Attorney Collins asked Engineer/Planner
Igneri to summarize the variances that are needed. Planner Igneri stated they are looking for a
side yard variance, height variance and gave the negative and positive
criteria. At this time, Planner Igneri
reviewed for the board the photos. The
following was marked into evidence: A11-
8 photos of the existing substation and transmission towers. The photos were taken during the winter
months. There is no tree removal
required on this project. At this time,
Chairman MacQueen asked if the board had any questions. Mr. Schmidt asked about the scheduled
maintenance. Engr. Igneri stated a
person would be out every 4-6 weeks. Mr. Piazza referred to a similar application
June 17, 2008
there are no problems, a title search has been done and the property was cleared. Planner Bolan asked if there will be other companies co-locating on this tower. Engineer Igneri stated that once they are done
there won’t be any more room in the footprint. Planner Bolan asked about lighting. Engineer Igneri stated there will be one light over the door to the shelter. There will be a flood light provided on the equipment shelter. Chairman MacQueen opened the hearing to the public for questions. There were none.
Attorney Collins had Danny Dichter R.F. Engineer sworn in to give testimony. Engr. Dichter reviewed the coverage map for the board. Engr. Dichter discussed the search areas that have been checked out, the existing sites of either towers or co-locations. The base map shows, elevations, bodies of water and roads. The following was marked into evidence: A12-Propagation/coverage map. Engr. Dichter informed the board they will be complying with all State and Federal Regulations. Chairman MacQueen asked the Planner if he had questions of Engr. Dichter. Planner Bolan asked about cellular and now PCS and asked if it is required per FCC standards. Engr. Dichter answered yes. PCS license is separate from cellular. Planner Bolan asked if their coverage shrinks as you get more people coming on board. Engr. Dichter answered yes.
Planner Bolan asked Engr. Igneri if they had a structural analysis for the site. Engr. Igneri answered yes. Planner Bolan asked about the Cingular location and if they could co-locate on that tower. Engr. Igneri answered no because there is no room on that tower. Because of the Highlands Act restrictions, it has caused these towers to be utilized by one carrier since you can not develop outside of the footprint of the Tower. At this time, Chairman MacQueen asked if there were any questions by the public of this witness. There were none. Chairman MacQueen asked if there were any statements or comments by the public. There were none.
Chairman MacQueen announced that the public portion of the hearing is now closed. Attorney Collins briefly summarized for the board. The board went into deliberations. Planner Bolan stated this is a very good application and it is what our ordinance wants to achieve. Engineer Risse concurred stating there is no impact and it is a perfect location. The board members also felt this was a good application and noted that when a cell tower is no longer in use for 6 months per the ordinance it is to be removed. At the conclusion of the board’s deliberations, motion by Mr. Schmidt and seconded by Mr. Weeks to grant the conditional use/site plan and bulk variances with the following condition:
a. Applicant to comply with all outside agencies having jurisdiction
ROLL CALL Yes: Mr. Weeks No: None Absent: Mr. Gerlich
Mr. Schmidt Mr. Piasecki
Mr. Rich Ms. Bleck
Mr. MacQueen Mr. Weiler
Attorney Gallina will prepare the resolution to be placed on the next meeting agenda.
The board took a brief recess at 8:20 p.m. The board reconvened at 8:25 p.m.
ITEMS FOR DISCUSSION:
a. Update on Fire Protection Ord. – Engr. Risse
Engineer Risse informed the board that he has a copy of the drawings from Washington Twp and is working with Warren Gabriel on the updates for the ordinance. Hopes to have something for the next meeting.
b. Create a mechanism for completeness of applications by applicant – Attorney Gallina
Attorney Gallina stated that he had been contacted by Ms. Glashoff regarding applications that are deemed incomplete and nothing happens. The applicant doesn’t follow thru to completeness and the question was how to bring the application to completeness. Attorney Gallina suggested either by ordinance or memo to the board, that after a period of time lapses, Ms. Glashoff would send a letter to the applicant asking for their intentions and if we don’t hear from them in a certain amount of time we can assume they have abandoned the application or withdrawing it, the board can do a resolution deeming the application has been withdrawn without prejudice. Planner Bolan asked if the board had rules pertaining to this. Attorney Gallina said that both boards have rules, but nothing that pertains to this. Planner Bolan felt it would be better to put it in the rules then to amend an ordinance. Mr. Rich asked for a time frame. The board discussed a time frame that would be appropriate and decided on 90 days. Ms. Glashoff stated that when the application has been triggered by a zoning denial or has gone to court, she has the Zoning Officer to follow thru on those applications. Attorney Gallina will put together a procedural rule that can be followed for both boards.
June 17, 2008
c. Update on
Planner Bolan informed the
board that he applied for a $20,000.00 grant instead of a $15,000.00 grant
since there is per the application the opportunity to ask for more. The application is straight forward and all
the documentation needed has been sent to the
Planner Bolan stated that the
Reexamination Report is due by August 1st, but he doesn’t feel it
will a problem getting the report done within a couple months after the due
date. Planner Bolan suggested having
the board do a Resolution on the Re-examination Report since there are not a
lot of changes that need to be made in the event we are turned down for the
additional $5,000.00 that we applied for with the
Planner Bolan stated that he met with the Zoning Officer and Gary MacQueen. They discussed creating provisions for a Minor Site Plan since we do not have anything in place at this time and this issue has come over the years. Planner Bolan noted with the Site Plans we having been getting we have been waiving a lot of the items on the Checklist. By creating provisions for a Minor Site Plan we can stream line it. Examples are: Home Occupations or Accessory Apartments. Planner Bolan will get together with Engineer Risse to review what items will be needed in a Minor Site Plan checklist.
Ms. Glashoff mentioned the COAH Accessory Apartment Ordinance and putting something in the Tax Bills to let people know what is available. Planner Bolan noted that we had done this many years ago with the Rehab Program we offered to residents that qualified. COAH changed the deed restriction from 30 year to a 10 year restriction.
Mr. Rich asked to go back to the discussion on the Highlands Grant. Mr. Rich asked to go on record and
expressed his opinion that he sees this as a bride from a bankrupt government. Mr. Rich stated that he is not convinced that we should be taking money in this fashion and that it is wrong. The board discussed this issue regarding taking the monies from the grant at length.
Mr. Schmidt asked how the
Township Committee feels about the
PRESENTATION OF BILLS & REPORT:
a. John Gallina, Esq. $1,365.00
b. Michael Bolan, PP $2,049.20
c. Luncheon/Seminar Ms. Glashoff $ 13.00
(H.C. Planning/Zoning Admin) Total: $3.427.20
Motion by Mr. Piazza and seconded by Mr. Rich to approve the bills as presented. Unanimously approved.
Planner Bolan suggested cancelling the July 15th meeting and having the next board meeting on August 5, 2008 at 7:00pm. This would be the only meeting for August. The board agreed with Planner Bolan’s suggestion. Ms. Glashoff will place a notice in newspaper cancelling the July 15th meeting and will contact those board members not present this evening of the change in meeting dates.
Being no further business to come before the board, nor comments from the public, motion by Mr. Weeks and seconded by Mr. Piazza to adjourn the meeting at 9:00 p.m. Unanimously approved.
CHAIRMAN GARY MACQUEEN
GAIL W. GLASHOFF, PLANNING BOARD CLERK