The 793rd Regular Meeting of the Lebanon Township Planning Board was called to order at by Chairman Gary MacQueen. Present were: Mr. Schmidt, Mr. Gerlich, Mr. Piasecki, Mr. Rich, Ms. Bleck, Mr. Spatz, 1st Alternate Weiler, Attorney Gallina and Engineer Risse.
Notice of this meeting was
provided for in the “Annual Meeting Notice Schedule” adopted by this board on
The Chairman will announce that the Planning Board will meet in Executive Session and called for a motion.
Motion by Ms. Bleck and seconded by Mr. Spatz to have the Planning Board meet in Executive Session at this time. Unanimously approved.
WHEREAS, Section 7(b) of the Open Public Meetings Act L. 1975 C.231 NJSA 10:4-12(b)(8) permits the exclusion of the public from Township Committee meetings where certain matters are to be discussed; and
WHEREAS, the Lebanon Township Planning Board is desirous to meet to discuss litigation issues;
NOW, THEREFORE BE IT RESOLVED,
by the Lebanon Township
Planning Board of the
The Chairman will ask for a motion to reconvene the Regular Meeting of the Planning Board.
Motion by Mr. Piasecki and seconded by Ms. Bleck to close the Executive Session and return to the Regular Meeting. Unanimously approved.
PRESENTATION OF MINUTES:
Mr. Rich said the minutes looked good and made a motion to approve with a second by Mr. Spatz. Unanimously approved.
FYI: NJDEP Highlands Update
APPLICATION TO DEEM COMPLETE/REQUEST FOR WAIVERS SET PUBLIC HEARING DATE:
a. Omnipoint Communications Block
Conditional Use/Site Plan for
Mr. Jake Watkins, Zoning
Coordinator for Omnipoint Communications and Mr. Charles Whelan, Architect
where present to discuss completeness.
Engineer Risse reviewed for the board his report dated
Ms. Bleck asked for
clarification regarding Item 33 (contours).
Chairman MacQueen asked about the variances being requested. Engineer Risse stated that variances are
needed because the requirement of 1000’ from residential dwellings can not be met. Mr. Whelan stated that at the time they were
looking at houses that were within the 1000’ they did not include the dwelling
on the property which is within 240’ of the proposed cell tower. Engineer Risse noted that on a previous
application where residences were involved the applicant had to show on the
plan the footage of each house from the purposed
that was less than 1000’. Chairman MacQueen asked what the size of the property was. Mr. Whelan stated 6.84 acres. It was noted that the property was located in the R3 zone. Attorney Gallina asked if there was already a dwelling unit on the property. Mr. Whelan answered yes. Attorney Gallina stated that our ordinance only allows for one principal structure on a property and referred to Section 18-3.4b5 which states: in the R3 zone there shall not be more than one principal structure constructed on each lot. At this point there was lengthy discussion on which board the application would go before. In conclusion, the board decided to deem the application complete and grant the following waivers: Checklist Items 18, 19, 33, 64, 65 & 71and subject to the review by Attorney Gallina as to which board the application should appear with a motion by Mr. Piasecki and seconded by Mr. Spatz. Unanimously approved.
Michael & Caroline
Discuss creating a 1 acre undersize lot in a R3 zone
Attorney Gallina informed the board that in the event of a bulk variance application approval, the applicant would appear before the Planning Board, if a D Variance was required then the applicant would appear before the Board of Adjustment. Attorney Gallina stated that a D Variance was not required with this application.
Mr. Burchill stated that his
neighbor across the road had approached him on acquiring a 1 acre parcel. Mr. Burchill informed the board that his lot
is 2.49 acres which is a non-conforming lot in the R3 zone. He would like to subdivide off a 1 acre
parcel which would make his lot more non-conforming. Basically all the lots down on
Chairman MacQueen asked about the dirt road that runs through that portion of the property and wanted to know if the ROW was being used. Mr. Burchill stated that when he purchased the property in 1992 he was told that it was a ROW for the Gas Company. Chairman MacQueen made note of the shed that a small portion was on the neighbor’s property per the survey. Mr. Burchill stated that the shed is not on his property. Chairman MacQueen also noted that part of a parking area of a neighbor was also on the Burchill property. It was also noted that a new survey would have to be done and these items would need to be addressed. Ms. Glashoff stated that the R3 zone requires 250’ of frontage which could present an additional variance for the applicant.
Chairman MacQueen informed the applicant that nothing said this evening is binding because this is an informal discussion but in the discussion the board seemed favorable to the request. Mr. Burchill will come in and see Ms. Glashoff to acquire all the forms (applications) that are needed to proceed. Mr. Burchill thanked the board for their input.
BOARD TERMS TO EXPIRE:
a. Joshua Rich 4 Year Term Class IV c. Art Gerlich 1 Year Term Class II
b. Richard Weiler, 1st Alternate 2 Year Term Class IV d. Mayor 1 Year Term Class I
Chairman MacQueen asked Mr. Rich, Mr. Weiler and Mr. Gerlich if they would like to be reappointed to the board. All said yes. At this time, Chairman MacQueen asked Mr. Spatz to make his announcement. Mr. Spatz informed the board that he has enjoyed the many years on the board but because of two many conflicts and commitments he was resigning from the board effective tonight. Ms. Glashoff noted that Mr. Spatz has been a member for 12 years with his first appointment starting in 1994. Chairman MacQueen informed Mr. Spatz that he will be missed. Ms. Glashoff stated that she will be putting a memo together to the Township Committee with the board’s recommendations for appointments for 2007 which will include having Mr. Weiler move up to the unexpired term of Mr. Spatz. Mr. Spatz informed the board that in attending other Planning Board meetings in other municipalities that we have an excellent board to be proud of.
ITEMS FOR DISCUSSION:
a. Decide on whether to hold one meeting per month and whether to hold it on the 1st or 3rd Tuesday.
The board decided to wait until the reorganization meeting to decide on whether to hold one or two meeting per month and if the decision was to have one meeting per month the board would need input from Planner Bolan regarding his schedule. Mr. Weeks was also not present for the discussion this evening.
b. Set Date for
Reorganization Meeting 2007 (
The board agreed with the
c. Budget 2007
The board reviewed the budget that was prepared by Ms. Glashoff. Ms. Glashoff informed the board that she had contacted each professional for their input which appears on the purposed budget. Chairman MacQueen asked about the litigation line item. The board decided the purposed budget looked good. Motion by Mr. Rich and seconded by Mr. Gerlich to approve the budget as purposed and to have it sent on to the Township Committee for final approval. Unanimously approved.
d. Draft of Amended Fee Schedule – Attorney Gallina
Attorney Gallina went over the draft of the amended Fee Schedule with the board. The Escrow for Conditional Uses will be 200% from being the same as the application fee and all Variances will go from 150% to 200% of the application fee. At the conclusion of the brief discussion, motion by Ms. Bleck and seconded by Mr. Rich to approve the amended Fee Schedule and to send it to the Township Committee for Introduction and Adoption. Unanimously approved.
Ms. Glashoff asked if the board after reviewing this Assessment prepared by NJ Water Supply Authority wanted to have Mr. Bob O’Neil come in to discuss the assessment. The board felt the assessment prepared by the Water Supply Authority was well done decided it was not necessary to have Mr. O’Neil come in to speak to the board and asked Ms. Glashoff to convey this to Mr. O’Neil.
Warren Newman, Chair of the Environmental Commission was present to discuss the Diamond Property on
There are archived files from 1985 & 1989 consisting of about 2000 pages that the State got back to Mr. Newman on. Mr. Newman stated that he has not reviewed these files. He is also waiting on a call back from the EPA. Mr. Newman informed the board from the information he has this looks like a can of worms with a certain level of investigation that has been done and determined there is some identified hazardous material or hazardous waste which might not have been cleaned up. Mr. Newman suggested that it hasn’t cleaned up because there would have been something in the records to indicate it. For the last four years it has been stagnated suggesting that nothing has been done at any major level.
Mr. Newman recommended to the board that they tread very carefully on this type of property with giving the history, and with the first level of investigation being been done which suggests that there are some problems that have to be dealt with and the responsible party has agreed to address them but hasn’t which means you have an opened ended situation. We don’t know if there is any groundwater impact. Mr. Spatz stated that if this site is still a problem something should be done. At this point, Chairman MacQueen thanked Mr. Newman for taking the time to check into all this for the board. Mr. Rich asked if the Township Committee should be made aware of this, since this is all new information that has been brought to our attention. Mr. Newman read to the board the Administrative Order on Consent. It is very
clear that from this consent order that site cleanup is still needed. Attorney Gallina stated that this is a legally binding document that is enforceable. Chairman MacQueen noted at this time we do not know the
extent of all this. But we do know that in 4 years there has been no closure per Mr. Newman. Mr. Rich asked if we should write a letter to NJDEP. Mr. Newman suggested the EPA at the Federal level. Mr. Newman stated that we don’t know what extent any cleanup would be, it could possibly cost hundreds of thousands of dollars. It was noted that more assessment was needed on this property. Attorney Gallina informed the board that it isn’t up to the Planning Board to write a letter, it should either come from the Township Committee or the Environmental Commission. Mr. Newman stated that he will either write a letter or go in person to the Township Committee with this information
g. Fence/Monuments/Pillars on Residential Properties – Planner Bolan
Since Planner Bolan and Mr. Weeks were not present it was decided to place this item on the January 16th agenda for discussion.
PRESENTATION OF BILLS & REPORT:
a. John Gallina, Esq. $ 378.30
b. Banisch Associates $1,715.90
c. Bayer/Risse Engrs. $ 353.50
Motion by Mr. Spatz and seconded by Ms. Bleck to approve the bills as presented. Unanimously approved.
Chairman MacQueen and the board thanked Warren Newman again for all his work and effort regarding the Diamond property.
Being no further business to come before the board, nor comments from the public, motion by Mr. Rich and seconded by Mr. Spatz to adjourn the meeting at Unanimously approved.
CHAIRMAN GARY MACQUEEN
GAIL W. GLASHOFF, PLANNING BOARD CLERK