REGULAR MEETING
Municipal Bldg 520 West Hill Road Glen Gardner, N.J.
The 791st Regular
Meeting of the Lebanon Township Planning Board was called to order at
Notice of this meeting was
provided for in the “Annual Meeting Notice Schedule” adopted by this board on
PRESENTATION OF MINUTES:
Mr. Rich referred to Page 3
under Open to the Public, the paragraph regarding the
Motion by Ms. Schriver and
seconded by Ms. Bleck to approve the Executive Session Minutes as
presented. Unanimously
approved.
RESOLUTION:
a. Darin McDowell Block
#73 Lots #53/54
Conditions
Motion by Ms. Schriver and
seconded by Mr. Spatz to approve the Resolution for a Lot Line Adjustment with
conditions as presented.
ROLL CALL Yes: Mr. Weeks Ms. Bleck Absent : Mr. Piasecki
Mr. Schmidt Mr. Spatz
Mr. Gerlich
Mr. Rich Ms. Schriver
Mr. MacQueen Mr. Weiler
FYI: NJDEP Highlands – Update
NJPO
Training Course offered –
in
Ms. Glashoff asked if anyone
on the board would be attending the Training Course at the
ORDINANCE BACK FROM TOWNSHIP COMMITTEE FOR COMMENT:
a. Fee
Schedule Amendment – Introduced on October 4th with Public Hearing
Scheduled for November 1st.
After a brief discussion,
motion by Ms. Bleck and seconded by Mr. Rich to send the Ordinance Amendment
back to the Township Committee for adoption on November 1st. Unanimously approved.
UPDATE ON SITE WORK FOR MOHAWK OIL & EXTENSION OF
TIME ON FINAL SITE PLAN APPROVAL:
Mohawk Oil Block
#25
c/o
Mr. Salisbury was present
this evening to discuss the site work and the Extension of Time. Mr. Salisbury
stated that they had planned to be in construction of the Underground Fire Tank
this month until they encountered some obstacles at Sprint and this has now
been addressed. They have an amendment
to the utility pole location of the curb line presently pending before the
County Planning Board. The curb line
adjustment should be approved this month and then they will be moving the pole
to a location that will be a lot easier to work with then the prior location. At that point they will then commence with
the underground storage tank work. Once
that is completed the site will be completely graded, ruff paved and drainage
will be in place. Depending on equipment
delivery, weather, not encountering anymore unforeseen slow ups like the
utility problem, they hope to have everything done except the store by the
beginning of next year 2007. They
received all their permits for construction in 2004 and would be done now
except for problems like war, gasoline prices tripling which slow down small
businesses.
Page 2
Mr. Salisbury also asked for
the board to grant the extension of time they are requesting through
Engineer Risse asked when the
County Planning Board would hear their application. Mr. Salisbury thought October 26th,
but that he was told by the Director that it might not even need to go before
the whole Planning Board, that Tom Mathews the engineer might be able to handle
it as a field modification. Chairman
MacQueen questioned the extension to December 17th. Attorney Gallina informed the board that just
because the extension will run out doesn’t mean the approval will expire. The only problem for the applicant would be
if after December 17th any ordinances changed that would affect this
property then the applicant would have to comply with any new ordinances.
Ms. Glashoff informed Mr.
Salisbury that Engineer Risse will be putting together a letter outlining the
fees for inspections and then monies will need to be posted. Chairman MacQueen asked if the board had any
questions of the applicant on the project and the extension of time on the
Final Site Plan Approval. Ms. Schriver
stated that we need to give the applicant our support. Chairman MacQueen asked for a motion at this
time. Motion by Ms. Schriver and
seconded by Ms. Bleck to grant the Extension of Time on Final Site Plan
Approval to
ROLL CALL Yes:
Mr. Weeks Ms. Bleck Absent: Mr. Piasecki
Mr. Schmidt Mr. Spatz
Mr. Gerlich
Mr. Rich Ms. Schriver
Mr. MacQueen Mr. Weiler
Attorney Gallina will draft a Resolution to be placed
on the next Planning Board Agenda.
ITEMS FOR DISCUSSION:
a. Update on Grant Monies from
Ms. Glashoff informed the
board that the grant we applied for had been approved and we have now received
the first of two payments. The total
amount spent was $7,800.00 and the grant money we are receiving is $7,500.00 so
it only cost us $300.00 for all the work that was done on the Stormwater
Ordinance. The money will be posted to
the board’s budget of 2006. Ms. Glashoff
will let the board know once the balance is received.
b. Progress/Update
Report on
Planner Bolan stated that the
committee hasn’t met but he has a map of the Piazza property which he passed
out to the board for review. The Piazza
property is located on
Chairman MacQueen asked Ms.
Glashoff to get the block and lot information for the Sliker and Diamond
properties for Planner Bolan. Ms.
Glashoff said that they last time Gen Sliker was in, they would be interested
if something could be worked out.
c. Request to
amend the Conditional Use Section of Ordinance – Planner Bolan
Planner Bolan stated the
Conditional Use Section of the Ordinance refers to the camps, private
recreational facilities and private country clubs. The board received a memo from the Township
Committee on June 9th with the attached letter from the
residents. The board then discussed the
letter on August 15th concerning camps, private recreational
facilities and private country clubs.
Planner Bolan stated the board decided to have him draft an ordinance
amendment for the board to look at based on the comments that were received by
the residents. In the ordinance under Section
18-2.2 Definitions, Planner Bolan amended the definition section to delete the private
recreational facilities within the Table which list all the uses whether they
are permitted or conditional uses, then Section 18-3.5a1 and delete the
reference to private camps, country
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clubs and private recreational facilities and replace it
with camps. The next amendment #3 is the
actual conditional use standards, Section 18-3.7b2. Number #2 is the conditional use standards
for camps.
The first 5 conditions (a,b,c,d,e) are already in the ordinance and the second two
are the conditions being added. The lot
shall have access from a public road and second that the lot should consists of
75 acres. Chairman MacQueen asked if the
board had any questions. Mr. Schmidt had
a few questions. Without these changes
and the property owner wants to make a recreational facility, what would be
there course of action. Attorney
Gallina stated that we have a Conditional Use with Site Plan Ordinance and the
owner would need to file an application.
If the applicant could not meet the standards of the ordinance, they
would then go to the Board of Adjustment.
Mr. Schmidt asked what would
happen if the board passed these amendments would the applicant then have to go
to the Board of Adjustment. Attorney
Gallina said yes they would go to the Zoning Board. Mr. Schmidt said it concerned him that even
though it is not illegal to do these amendments, he felt it was questionably
ethical to do it. These residents have
asked the Planning Board to change the ordinance that would directly benefit
them to get what they want.
Chairman MacQueen asked
Planner Bolan for his comments regarding the amendments to the ordinance. Planner Bolan stated when the board does a
Reexamination Report and identifies changes that we should make in the ordinance
which we will be doing next year. The
last time we did a reexamination was in 2001.
We have made changes in the ordinances that have been brought to our
attention by individuals. Making these
changes will not only benefit one group.
If the board does not think that private recreational facilities and
private country clubs are a legitimate conditional use and in going through the
definitions, found that private country clubs are not even defined in the
ordinance. You don’t make the change
based on one circumstance, but that the change makes sense. Planner Bolan felt that having access on a
public road certainly makes a lot of sense.
Mr. Weeks interjected stating there is no way you could put a country
club down on that road because the road could not handle the traffic that would
be generated. Ms. Schriver stated we
are here to listen to the concerns of the residents and we were not aware of
this situation and if they can’t bring their concerns to us what are we here
for. The owner of the property would
have to purchase land from the other land owners because the road is narrow and
barely passable. It is not accessible
to emergency vehicles and someone didn’t do their homework when the purchased
the property.
Mr. Schmidt said he has not
heard the other side of the story but these are all very good points and
assuming the letter from the residents has all the correct info. He went through the criteria for a
conditional use and stated that if an applicant can not meet criteria the
applicant would go to the Board of Adjustment for relief. Mr. Schmidt did not feel we need to change
the ordinance in order to deny an applicants application. Mr.
Weeks noted the safety factor for that road alone would be cause to deny. Mr. Schmidt stated that
Ms. Bleck felt that the
amendment for fronting on a public road made a lot of sense. We found a problem/loophole and we need to
deal with it. Ms. Bleck said this is a
serious issue and was glad it was brought to the board’s attention. Mr. Rich stated that regardless of how
something comes to the board, its a worthy question
and we should take a look at the request.
Mr. Rich felt that the amendment (f)presented
by Planner Bolan was an excellent idea.
Mr. Rich said he does have a problem with eliminating other uses as golf
and hunting clubs. We shouldn’t be so
exclusive and item (g) regarding the 75 acres.
Mr. Rich did not think putting a number for acreage was a good idea
because it would depend on the use that was presented. A proposed use that was good could work on 20
acres and if something is bad it won’t work anyway. Mr. Rich suggested adding (f) and eliminating
(g) and keep all other uses as a possibility which
will be subject to review by this board.
Chairman MacQueen agreed with Mr. Rich and said having access on a
public road is a must. Mr. Rich suggested
having Planner Bolan tightened up (e) which could make it better like type of
use, safety factors and disturbance to neighborhood. Planner Bolan noted these items are already
asked for. Mr. Rich said that safety is
not addressed and would be a must which is a concern. Mr. Schmidt agreed with having these uses on
a public road.
Planner Bolan questioned the
standards in the A Section of the Conditional Use substantially impaired,
Section 18-3.7a, and are those legitimate to apply to something otherwise meets
the Conditions of the Conditional Use.
Attorney Gallina stated the language is very broad and considered
vague. During the discussion, Planner
Bolan stated that he does not like item (e) where we have a discretionary lot
size. Planner Bolan felt we should have
a lot size. The ordinance states: “shall
be sufficient”. When a judge looks at a
Conditional Use ordinance with that type of standard he will just take that
standard out. We need to have a minimum
lot size. Mr. Rich recommended 25 acres
as a minimum. The ordinance states that
no building shall be located within 100’ of a property line, but that the use
itself should be so many feet from the property line. Mr. Rich stated that adequate parking, egress
and ingress off the road was important.
Everyone on the board agreed that (f) public road access was a must.
Page 4
Chairman MacQueen asked the
residents that that presented the request had any comments they wish to make at
this time. The following residents made
comments: Andy Kozlowski stated that parking
needs to
be addressed and that having parking at least 100’ off
the property line was important. Planner
Bolan agreed. Comments were also made by
Jack DeChristofaro and Ken Wlazlo. At
the conclusion of the board’s discussion, Planner Bolan will revise and make
adjusts in the ordinance that needs to be amended and have it ready for the
next board meeting on
d. Tree Ordinance – Planner
Bolan
Chairman MacQueen asked
Warren Newman, Chair of the Environmental Commission to explain to the board
the amendments to the Tree Ordinance they are proposing.
Mr. Newman stated they had a
sub-committee that worked on the Tree Ordinance. Sean Kelly a member of the Commission did
most of the work on the ordinance. The
sub-committee looked at several other Tree Ordinance
from neighboring municipalities. Mr.
Newman asked if he should go though this ordinance item by item. Chairman MacQueen said yes and asked who has
an ordinance like this one. Mr. Newman
said they looked at
When opened to the public,
Mr. Terzuolo gave his comments. He
referred to the section of the proposed ordinance on Steep Slopes. He suggested amending and enhancing the Steep
Slope Ordinance. Mr. Terzuolo stated
that if he is not mistaken, Stream Corridors and Buffers fall under the NJDEP
jurisdiction. You don’t have to create
another law on top of a law when it already exists. We now have the
Ms. Bleck noted that the
Environmental Commission heard the Planning Board at least 2 years ago
complaining over erosion on
e. Fence
Ordinance – Planner Bolan
f. Monuments
& Pillars on Residential Properties – Planner Bolan
Planner Bolan suggested
tabling these two items and address then at the next Planning Board Meeting
since two board members were not present this evening. Board agreed.
Page 5
g. Update on COAH
Letter Items – Planner Bolan
Planner Bolan stated that we
responded to all the items in the letter and sent it in to COAH on October 6th
with the deadline of October 8th.
The Township Attorney coordinated everything. We had 90 days to address the 16 items that
were listed in the letter. Planner Bolan
said that he addressed 8-9 items, Gail & Karen addressed 4 items and
Attorney Bernstein took care of the balance.
We now wait and see if COAH is satisfied.
h. Memo from
Zoning Officer re:
Chairman MacQueen asked
Engineer Risse to address the memo from the Zoning Officer. Engineer Risse informed the board that he and
Mr. Skene did a site walk and everything looked like it was conforming to the
most recent Site Plan.
i. Memo from
Executive Director Eileen Swan re:
Update on proposed changes to the
Preliminary
State Plan & Scheduled Cross-Acceptance
Negotiations
Planner Bolan said that the
whole process was stopped for 1½ years for various reasons given, the pertinent
one the DEP wanted to have the aerial photography and land use land cover
mapping from 2002 and of course there was the change in Governors. And now per Planner Bolan we have these
changes that are referred to in the letter along with the companion letter from
the Hunterdon County Freeholders. We had
all those meetings where representatives from each municipality spent time
looking at all the maps and affirmed our planning areas and met the criteria.
j. Review Schedule of
Fees – Ms. Glashoff
Ms. Glashoff stated that we
just amended the Schedule of Fees, but in reviewing all the Escrow fees found
that some of these fees need to be increased and pointed out which ones and why
they needed to be increase.. Planner Bolan agreed with the Conditional Use
Escrow Fee. Ms. Glashoff said she would
like the board to look over all the Escrow Fees and she will place this item
back on the November 7th agenda.
k. Review road
Standards for Class III Common Driveways
– Engineer Risse
Engineer Risse stated that
there are some issues where there are steeper Class III Common Driveways. Gravel driveways on slopes have a tendency to
erode and wash out and maybe we should look into possibly having them paved
over a certain percent of slope with asphalt.
There are problems popping up.
The road that has had a problem is off of
Page 6
PRESENTATION OF BILLS & REPORT:
a. John Gallina, Esq. $3,418.59
b. Banisch Associates $1,263.80
Total: $4,682.39
Ms. Glashoff referred to the
amended Bill Report with the additional bills from Bayer/Risse Engineers that total
$252.50 bringing the new balance to $5,064.89. Motion by Mr. Spatz and seconded by Ms. Bleck
to approve the bills as amended. Unanimously approved.
CORRESPONDENCE:
Ms. Glashoff informed the
board that at the September 20th Township Committee Meeting she was
appointed the Municipal Housing Liaison for COAH. Because of new regulations with COAH each
municipality has to appoint a liaison.
Ms. Schriver informed the
board the Township Committee will have a guest at their meeting tomorrow
evening who is our Assemblywoman Marsha Karrow and
invited the board to attend.
Being no further business to
come before the board nor comments from the public,
motion by Ms. Bleck and seconded by Mr. Rich to adjourn the meeting at
_________________________________________
CHAIRMAN GARY MACQUEEN
_________________________________________________
GAIL W. GLASHOFF, PLANNING BOARD CLERK