530 West Hill Road†† Glen
The 822nd Regular Meeting of the Lebanon Township Planning Board was called to order at 7:30 p.m. by Vice Chairwoman Doreen Bleck.† Present were:† Mr. Weeks, Mr. Schmidt, Mr. Gerlich, Mr. Piasecki, Mr. Rich,† Ms.† Schriver, Mr. Weiler, Attorney Gallina, Planner Bolan and Engineer Risse.† Mr. MacQueen arrived at 7:10 p.m.
This meeting was noticed in
the ďAnnual Meeting Notice ScheduleĒ adopted by this board on January 13, 2009,
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: ††††††††††††††† September 1, 2009††† Regular Meeting
Motion by Mr. Piasecki and seconded by Mr. Gerlich to approve the minutes as presented.† Unanimously approved.
FYI:†† The Home Occupation Ordinance #2009-08 was adopted on October 21, 2009 after a public hearing
†††††††††† †held by the Township Committee per Ms. Glashoff.
THE FOLLOWING ORDINANCES WERE INTRODUCED ON OCTOBER 7, 2009 AT THE TOWNSHIP COMMITTEE MEETING.† THE PUBLIC HEARINGS WILL BE HELD ON NOVEMBER 4, 2009.† ORDINANCES BACK FOR COMMENT BEFORE PUBLIC HEARING.
a.† Minor Site Plan Ordinance #2009-09
b.† Amend Fee Schedule† #2009-10
c.† Amend Existing† Checklist† #2009-11
d.† Minor Site Plan Checklist Ordinance†† #2009-12
Vice Chair Doreen Bleck asked for any comments by the board on the 4 ordinances.† Mr. Rich asked Planner Bolan if we are going to add the wording that is in the Minor Site Plan Ordinance so the neighbors within 200í will be notified.† Mr. Rich said the board had talked about it at length at a prior meeting.† Attorney Gallina said in the MLUL it is a requirement to have a public hearing.† Attorney Gallina stated that the board will need to amend the notice ordinance.† At the conclusion of the discussion, the board agreed that all these ordinances are ready for adoption.† Ms. Glashoff asked if the board wanted Attorney Gallina to prepare a draft of the notice ordinance for the next meeting on December 1st.† †If so, then it will go to the Township Committee for introduction until January 2010.
ITEMS FOR DISCUSSION:
a.† Budget 2010
Ms. Glashoff stated that she
didnít put anything in the line item for
b.† Alternative Energy† Ordinance (Memo from Planner Bolan)† Issues are setbacks and height
†††† (Copy of
Boro of West
Planner Bolan said originally the subcommittee had scheduled a solar person to come in and decided to have them come to the full board.† Ms. Glashoff said she brought it a couple of meetings ago to have Roger Dixson come in to talk about Wind Energy.† The board decided it wasnít necessary.† Planner Bolan said he will put together an ordinance to have for the December 1st meeting.† Chairman MacQueen said that when he talked to Planner Bolan at a Board of Adjustment Meeting, he had suggested splitting out the solar panels and wood boilers for an ordinance and have the board work on the wind mill portion separately.† Chairman MacQueen said they had an application for an Appeal at the Board of Adjustment.† Attorney Gallina informed the board what had transpired at the Board of Adjustment Meeting last week.† The Zoning Officer had denied the application stating that it was not a permitted use.†† The property in question is in the R3 zone where customary accessory uses are permitted.† The Zoning Board felt it was an accessory use since it was to heat the house and overturned the zoning denial with the stipulation that it doesnít mean it complies with state/local or federal standards regarding smoke emissions.† The overturn is only for that application, it does not apply to everyone.† Chairman MacQueen stated that if the applicant had come in for an Interpretation †it would have set a precedent and the Zoning Officer could deny all of them.† As an Appeal we could overturn his decision.
November 3, 2009
Planner Bolan said the issue is; is it a customary accessory use.† Chairman MacQueen said the applicantís property was large and the setback complied and the applicant even volunteered to comply with our ordinance once it went into effect.† Mr. Rich asked if we are going to have an ordinance for solar and wood burning furnaces and then work on wind mills.† Planner Bolan said of the 3 different systems, the wind mill will be the most controversial.† If the board wants to move on the solar and wood boilers then separate them out.† Mr. Rich expressed concern since this subject was discussed at length a few meetings ago and he thought that an ordinance was forthcoming and went over all the items that the board discussed back then.† Mr. Piasecki agreed, but said the board decided to wait since Mr. Rich missed the meeting where there was a lot of discussion on this.† Ms. Bleck said the board did agree on 7Ĺ acres, but giving this more thought felt there are not enough lots in the Township that would qualify and it would be limiting the number of people that could qualify and maybe the board should be considering smaller lots with 5 acres. †Mr. Piasecki suggested waiting until Mr. Rich was present to continue this discussion.† The board continued with the discussion and in conclusion decided to have Planner Bolan prepare an ordinance for the December 1st meeting.
c.† Amend Ordinance 400:54D(5) (h) Number of Meetings charged to Escrow Ė Attorney Gallina
Attorney Gallina went over the proposed amendment to the ordinance on meetings charged to escrow.† At the conclusion of the boardís discussion, motion by Ms. Bleck and seconded by Ms. Schriver to approve the amended ordinance with a few corrections and send it to the Township Committee for Introduction.† Unanimously approved.† Ms. Glashoff informed the board since it is too late to have this ordinance adopted this year.† She will ask the Township Clerk to have it on her agenda in January for Introduction.
d.† Review of the
†††† Natural Resource Inventory (Public Hearing on December 1, 2009)
Planner Bolan said he wanted
to discuss Module 6.† The model ordinance
At this time, Planner Bolan
reviewed the ERI.† Planner Bolan said when
looking at these maps there are a lot of high quality forest and wildlife
habitats.† About 65% of the Township has
habitats for rare, threatened or endangered species.† This reduces the land area that can be
used.† Not the density but where
development can occur.†† This is why our
build out is low.† There are water
quality problems.† There is stream flow
deficit.† Seven of the eleven
sub-watersheds in the Township have a deficit on the stream flow which is
reflected in the build out analysis.† The
question was asked about the time frame for the 20 new units.† Planner Bolan said the 20 new units is forever and this is what the build out analysis shows
with no non-residential development.† †The build out analysis is based on the natural
resources more than the land use pattern.††
Ms. Glashoff asked about the non-residential units since there is an
application before the Zoning Board in the Industrial zone.† What happens.† Planner Bolan said we will have an affordable
housing obligation for those units. †At
this time we have a total obligation of 4 COAH units.† Since January 2004 through end of 2008 the
Township has issued 29 COís, which is equivalent to 7 affordable units.† We are in the hole for 7 affordable
units.† Planner Bolan clarified that we
The other important thing is the septic system density that relates to the nitrate standards which varies for the different types of areas that we have in the Township.† We have protection zones, conservation zones and conservation environmentally constrained zones.† In the conservation zone the target nitrate concentration is 1.87 parts per million and that gives us 8-10 acre lots.† In the protection zone which is about 70% of the Township the septic system density is based on a 0.72 parts per million nitrate standard are 21-26 acres.† ††During the discussion,. †Planner Bolan noted that our Housing Plan isnít due until June 8, 2010.†† Planner Bolan said there are additional scientific studies that are being done that may alter everything in 2010.† This conformance we are applying for on December 8th is not for full plan conformance.† It is a preliminary plan conformance.† Planner Bolan said he will do CDís, copy and maps and asked if everyone wanted CDís.† The consensus was yes.
Mr. Rich asked about the 20
buildable lots.† Planner Bolan said the
build out capacity is 20 residential units.†
Mr. Rich asked if the
November 3, 2009
Mr. Piasecki noted all the
restrictions that Planner Bolan mentioned,.† How do you know you can put houses on them
and that they will meet the criteria?†
The 20 unit designation is not an exact science said Mr. Piasecki, itís
a planning tool.† Planner Bolan said the
Township canít decide who is exempt.† You
would have to make an application to the Highlands and submit the information
and then the
Planner Bolan handed out to
the board the Table of Contents for the Highlands Preservation Area Land Use
Ordinance and went over all the articles noting those line items to be
eliminated along with discussing line items that are pertinent.† Planner Bolan said that the board has to do
the ordinance in a Track Changes Version to see what we are removing for the
meeting on December 1st.†† In
Article 4 the following line items will be removed:†
Planner Bolan said to incorporate this ordinance into our existing zoning, site plan, subdivision ordinances would be monumental job.† He feels this will be as a stand alone ordinance.† This is not something that needs to be decided now.†† Ms. Glashoff asked about the Resolution to be adopted by the Township Committee the following evening.† Planner Bolan will forward the resolution to her for the Committee.† Planner Bolan said what we are doing on December 1st is to meet the December 8th deadline with the Township Committee adopting the Resolution on December 2nd.† †
PRESENTATION OF BILLS & REPORT:
a.† John Gallina, Esq.††††††††††††††††††††††††† $1,330.00
b.† Michael Bolan, PP†††††††††††††††††††††††† $2,598.60
c.† Bayer/Risse Engrs.†††††††††††††††††††††††† $†† 358.50
d.† H.C. Planning/Zoning Admin.†††† $†††† 26.00
††††††††††††††††††††††††††††††††††††††††††††††† Total:††† $4,313.10
Motion by Ms. Schriver and seconded by Ms. Bleck to approve the bills for payment as amended.† Unanimously approved.
Chairman MacQueen asked about the Fire Tank for the Crossroads Camp.† Engineer Risse said the tank has been ordered and is in production.†† Ms. Glashoff stated that she had received a call from the Project Manager at Crossroads and they want to move the Directorís house 100í down the road.†† Ms. Glashoff told him that he would have to talk with Engr. Risse to see if this would be considered a major or minor change to the site plan.† Engr. Risse spoke with Attorney Gallina and it was decided that Crossroads would need to come in to the board for an amendment to their site plan.
OPEN TO THE PUBLIC
Mr. Piazza was present to discuss COAH accessory apartments.† Mr. Piazza asked the board to consider amending the COAH accessory apartment ordinance to allow apartments on smaller lots.† †Mr. Piazza noted in the Home Occupation Ordinance there is no restrictions regarding lot sizes.† At the present time they are allowed on 5 acre lots or larger in the R3 and R5 zones.† In the RC zone is 11 acres.† Mr. Piazza suggested the board look into the ordinance for any amendments.
Being no further business to come before the board, nor comments from the public, motion by Ms. Bleck and seconded by Ms. Schriver to adjourn the meeting at 8:45 p.m.† Unanimously approved.
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† CHAIRMAN GARY MACQUEEN
GAIL W. GLASHOFF, PLANNING BOARD CLERK