Lebanon Township Planning Board                                                                             June 19, 2007

Municipal Bldg   530 West Hill Road    Glen Gardner, N.J.


The 800th Regular Meeting of the Lebanon Township Planning Board was called to order at 7:00 p.m. by Chairman Gary MacQueen.  Present were:  Mr. Weeks, Mr. Schmidt, Mr. Gerlich, Mr. Rich, Ms. Bleck, Mr. Weiler, Attorney Gallina, Planner Bolan and Engineer Risse.     Excused:  Mr. Piasecki, Mr. Piazza


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 Municipal Building on June 13, 2007.


PRESENTATION OF MINUTES:                 May 15, 2007     Regular Meeting


The board discussed the conditions of the Whiston Application.  Ms. Glashoff informed the board that she took the conditions from the Resolution for the minutes.  The board amended condition #2 to read as follows:  “The applicant shall furnish a copy of the Hunterdon County Health Department septic system application to the Board Engineer for review and approval prior to submission of the application to the H.C. Health Department.  The application to the H.C. Health Department shall clearly indicate that a hair salon operation is proposed in part of the addition”.   Also, an additional condition was added as follows:  “Business hours in the hair salon will end no later than 9:00 p.m.”  At the conclusion of the board’s discussion, motion by Mr. Gerlich and seconded by Mr. Schmidt to approve the minutes as amended.  Unanimously approved.




a.   Eric & Donna Whiston                                                 Block #49       Lot #50.01

      Conditional Use/Site Plan for                                      Sliker Road     R5

      Home Occupation with conditions


After a brief discussion by the board, motion by Mr. Weeks and seconded by Mr. Gerlich to adopt the resolution for Conditional Use/Site Plan with conditions as amended per the discussion on the minutes of May 15, 2007.  Unanimously approved by those eligible to vote.




Omnipoint Communications                                            Block #11         Lot #43

c/o Robert DelVecchio, Esq.                                              Route 513         R3

P.O. Box 561

Hawthorne, N.J.  07507


CONTINUATION OF A PUBLIC HEARING            Conditional Use/Site Plan for Cell Tower

                                                                                                     with Variances


Ms. Glashoff read into the record the letter received this afternoon from Attorney Robert Del Vecchio requesting an adjournment until September 18, 2007 with an extension through the end of October, 2007.  The board discussed this issue at length with Attorney Gallina.  At the conclusion of the board’s discussion, motion by Mr. Rich and seconded by Ms. Bleck to deny the application of Omnipoint for Conditional Use/Site/Variances for a Cell Tower without prejudice noting the record and testimony has become stale. 


ROLL CALL       Yes:  Mr. Weeks         Mr. MacQueen     Abstain:  Mr. Schmidt      Absent:  Mr. Piazza

                                         Mr. Gerlich       Ms. Bleck                                                                                Mr. Piasecki

                                         Mr. Rich             Mr. Weiler


Attorney Gallina will prepare the resolution to be placed on the next Agenda of the Planning Board.




a.  Fire Protection Ordinance


Ms. Glashoff stated that she received from the Fire Chief a list of their recommendations for amending the Fire Protection Ordinance.  Also, the Township Committee will be handling the amendments to the ordinance.  Ms. Glashoff handed out this evening the recommendations from Fire Chief Gabriel for their review.


Chairman MacQueen asked Engineer Risse for his comment on the recommendations.  Engineer Risse stated that he has been in contact with Chief Gabriel during tank installations and in reviewing these recommendations feels that this is just cleaning up some of the things in the ordinance that they find they don’t want.   Two major issues are: 1) The section on the NFPA Standards (Subsection 3(A) in the ordinance the recommendations are justified and need to be changed, 2) The number of lots.  They would like “Major” removed and just say 3 lots including lands remaining.  The board expressed concerns regarding having a fire tank for 2 lots and remaining lands that could be a preserved lot.  The board felt this was excessive.  The board asked the cost of a 30,000 gallon tank.  Engineer Risse answered about $60,000.00.  Chairman MacQueen suggested writing a memo to the Township Committee letting them

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know that $60,000.00 for a fire tank for two houses is excessive.   The board understands that you can not put cost over safety but there are Mutual Aid Fire Companies around to help during a fire.  Chairman MacQueen asked if the Fire Dept was going directly to the Township Committee regarding this ordinance.  Ms. Glashoff stated yes.  The board felt that 3 new building lots plus remaining lands was sufficient.  The ordinance also requires only a 25,000.00 gallon tank and the recommendation is to increase the size to 30,000.00 gallon.


Planner Bolan referred to Subsection 3(A) regarding the distance of 2000’.  They want to change it from 2000 feet of street to just 2000 feet.  Planner Bolan asked what you are measuring from if you take out “of street”.  Mr. Schmidt stated if you have a 100 acres and subdivide it into four 25 acre building lots then you only have to put in 1 tank, you would have to cluster the four houses just to have 1 fire tank.  Every subdivision would have to be a cluster in order to meet the requirement for a fire tank.  Having a subdivision of four 25 acre lots, then each lot would need its own fire tank.  If each lot were squared then it would be 1000 feet and then the ordinance would work per Planner Bolan.  Planner Bolan stated that he brought this up because just stating 2000 feet it has no meaning.  Mr. Rich stated it should read no more than 1 tank for 3 building lots.  The board agreed.  The board went through the items.  It was noted by Planner Bolan that the Fire Protection Ordinance requires that the fire tank be installed prior to building permits being issued.  This has been a problem because it has not been enforced.   Chairman MacQueen stated that in the board’s conversation with the Fire Department, they were informed that the Planning Board is not an enforcement agency and has no power as such.   Mr. Rich suggested putting this in the memo about the Planning Board not having any jurisdiction with enforcement but agree with the point that the Fire Department brought up about the tanks being installed before building permits being issued.   In conclusion, the board directed Ms. Glashoff to send a Memo to the Township Committee with their comments and suggestions in hopes that the Township Committee will want to hear what the Planning Board has to say.  Motion by Mr. Rich and seconded by Mr. Schmidt to have Ms. Glashoff send a Memo to the Township Committee with the board’s recommendations and suggestions.  Unanimously approved.


b. Checklist


Ms. Glashoff stated that in using the Checklist, the Review Committee of the Board of Adjustment has found problems.  Ms. Glashoff suggested that a committee consisting of herself, Chairman Terzuolo and Chairman MacQueen review the Checklist and make a recommendation to the Planning Board for amendments to the checklist.   The board agreed.




a.   John Gallina, Esq.                         $1,260.00

b.  Bayer/Risse Engrs.                         $   787.50

c.  Banisch Associates                        $   984.20

                                         Total:           $3,031.70


Mr. Gerlich noted that in reviewing the bills, has found everything to be in order and recommends approval of the bills.  Motion by Mr. Gerlich and seconded by Ms. Bleck to approve the bills as presented.  Unanimously approved.




a.  Memo from Engr. Risse    re: Homes @ Point Mountain Preserve

b.  Ltr. from Assemblywoman Karrow

c.  Ltr. from Highlands Executive Director Swan

d.  Ltr. from Atty Gianos   re:  Whiston Resolution

e.  Excerpt from NJ Site Improvement Advisory Board Mtg  3/22/07  re: Highlands

f.  N.J. Planner


The board discussed the letter received from Marsha Karrow regarding the Highlands.  Chairman MacQueen stated that this letter reflects the outstanding job that Planner Bolan did with the letter that the board sent to the Highlands Commission.  Ms. Glashoff stated that she had emailed our representatives regarding Assembly Bill A3860 and she has received responses from Senator Lance, Assemblyman Doherty and Assemblywomen Karrow.  They appreciated hearing from the Planning board and will take our concerns into consideration if he comes to a vote.   Ms. Glashoff read into the record their responses.


Cross-Acceptance Meeting:


Planner Bolan, Mr. Schmidt and Mr. Weiler met with the County Planning Board on Wednesday June 16th to discuss Cross-Acceptance.  The major concern was the employment projections by COAH for the Township.  COAH said that from 2005-2015 they project 350 new jobs.  Planner Bolan noted that from 2000-2005 there were only 27 new jobs created in the Township.  Planner Bolan felt the meeting was useful especially for Rick and Darryl for them to get an understanding of the State Plan.  The Township sent in a letter of objection to the State for the County Cross-Acceptance Report because they never looked at non-residential projections for jobs and it was showing 350 new jobs from 2005-2015 which generated our whole affordable housing obligation of 14 units that our plan had to address.  Planner Bolan noted that the 27 new jobs was before Highlands.  Apparently they were going to give it to their demographic

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Consultant to review.  Now with the Highlands our planning areas mean nothing.  Mr. Rich noted these projections are not valid since they were before Highlands.  Mr. Schmidt read a portion of the article in the Democrat that references Lebanon Township’s comment letter to the Highlands.  It was noted that the Township could apply for a Health and Safety Waiver.  Chairman MacQueen noted that we could apply but it doesn’t mean we would get the waiver.  Planner Bolan suggested that we get an appointment with the Executive Director of the Highlands Council and present our case.  To apply for a waiver can cost up to $50,000.00 and explained exactly what the process would be.  The board discussed this at length.  Ms. Bleck stated she would be in favor of Planner Bolan asking for a meeting to discuss our situation.  Planner Bolan said he would send an email to Eileen Swan and ask what all we would need to do before having a sit down meeting. 


After a brief discussion, motion by Mr. Rich and seconded by Ms. Bleck to cancel the July 17th Planning Board Meeting with the next meeting being on Tuesday August 21, 2007 at 7:00 p.m.  Unanimously approved.


Ms. Glashoff informed the board that she will be going out on medical leave for hip replacement surgery the end of September and could be out 6-8 weeks.  Ms. Glashoff stated that she wanted to let the board know and will be informing the Township Committee at their next meeting. 


Being no further business to come before the board, nor comments from the public, motion by Ms. Bleck and seconded by Mr. Weiler to adjourn the meeting at 8:15 p.m.  Unanimously approved.





                                                                                                CHAIRMAN GARY MACQUEEN