REORGANIZATION & REGULAR MEETING

 

Lebanon Township Board of Adjustment                                            January 27, 2010

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

 

The Reorganization and Regular Meeting of the Lebanon Township Board of Adjustment was called to order at 7:04 p.m. by Board Secretary Ms. Glashoff.  Present were: Mr. Kozlowski, Mr. MacQueen, Mr. Terzuolo, Mr. Abuchowski, Mr. Perry, Mr. Nagie, 1st Alternate Machauer, 2nd Alternate Maurizio, Attorney Gallina, Planner Bolan, Engineer Risse and Mr. Eberle arrived at 7:25 p.m.

 

In compliance with the “Open Public Meetings Act” notice is hereby given that the Lebanon Township Board of Adjustment has scheduled their Reorganization & Business Meeting for January 27, 2010 at 7:00 p.m. prevailing time in the Main Meeting Room in the Municipal Building.  The Business portion of the meeting will start at the conclusion of the Reorganization Meeting.  Notice of this meeting was published in the Hunterdon Review on January 6, 2010 and Hunterdon County Democrat on January 7, 2010.  Copies of the agenda were 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 January 20, 2010.

 

SWEAR IN:     Bruce Terzuolo                                    Class IV           4 Year Term

                        Wayne Eberle                          Class IV           4 Year Term

                        Abe Abuchowski                      Class IV           4 Year Term

                        William Machauer, Alt. I          Class IV           1 Year Unexpired Term

                        Joe Maurizio, Alt. II                 Class IV           2 Year Term

 

Ms. Glashoff had Attorney Gallina swear in all the above members.  Congratulation to all the appointees with the exception of Mr. Eberle who was not present.

 

NOMINATIONS FOR CHAIRMAN:


Ms. Glashoff asked for nominations of Chairman. Motion by Mr. Nagie and seconded by Mr. Abuchowski to nominate Bruce Terzuolo as Chairman.  Being no further nominations, motion by Mr.  Machauer and seconded by Mr. Perry to close the nominations.  Unanimously approved.  Congratulations to Mr. Terzuolo. 

 

NOMINATIONS FOR VICE CHAIRMAN:

 

Chairman Terzuolo took over the meeting at this time and asked for nominations for Vice Chairman.  Motion by Mr. MacQueen and seconded by Mr. Perry to nomination Abe. Abuchowski as Vice Chairman.  Being no further nominations, motion by Mr. Nagie and seconded by Mr. Machauer to close the nominations.   Unanimously approved.  Congratulations to Mr. Abuchowski.

 

APPOINTMENTS:

 

a.  John Gallina, Esq.

b.  Michael Bolan, PP

c.  Steve Risse, Engr.  (Bayer/Risse Engrs.)

d. Gail W. Glashoff, Board Secretary

e. Guy Wilson, Esq.  (Alternate Attorney)

f.  Jim Kyle, PP  (Alternate Planner)

g. Lucy Grozinski, Court Stenographer

 

Chairman Terzuolo asked for a motion to appoint all the above appointments.  Motion by Mr. MacQueen and seconded by Mr. Nagie to appoint all the above.  Unanimously approved.

 

ADOPT RESOLUTIONS:

 

a.  Annual Notice Schedule

b.  Authorizing Agreement for Professional Services

 

Ms. Glashoff briefly reviewed for the board the November and December dates on the Notice Schedule. .  Motion by Mr. Nagie and seconded by Mr. Perry to adopt both Resolutions as presented.  Unanimously approved.

 

 

 

Lebanon Township Board of Adjustment

Reorganization & Regular Meeting

January 27, 2010

Page 2

 

ADOPT RESOLUTION FOR PROFESSIONALS ON PAY TO PLAY:

 

Chairman Terzuolo asked for a motion to adopt the resolution.  Motion by Mr. Machauer and seconded by Mr. Nagie to adopt the Resolution for Professionals on Pay to Play.  Unanimously approved.

 

ADOPT PROFESSIONAL CONTRACTS:

 

a.  John Gallina, Esq.

b.  Michael Bolan, PP

c.  Bayer/Risse Engrs.  (Steve Risse, Engr.)

d.  Guy Wilson, Esq. (Alternate Attorney).

e.  Jim Kyle, PP  (Alternate Planner)

 

Ms. Glashoff informed the board that the hourly rate on the contracts has not increased.  Ms. Glashoff reviewed for the board the new contract for alternate Planner Kyle.  Motion by Mr. MacQueen and seconded by Mr. Abuchowski to adopt all the above contracts for the professionals for 2010.  Unanimously approved.

 

APPOINT APPLICATION REVIEW COMMITTEE:

 

After a brief discussion the following people will serve on the Application Review Committee:  Mr. Terzuolo, Mr. Perry and Ms. Glashoff.  Alternates will be the balance of any member that is available to serve.  Motion by Mr. Abuchowski and seconded by Mr. MacQueen to appoint the above mentioned people to serve.  Unanimously approved.

 

PRESENTATION OF MINUTES:                  December 9, 2009       Regular Meeting

 

Motion by Mr. Kozlowski and seconded by Mr. MacQueen to approve the minutes with minor corrections.  Unanimously approved.

                                                                        December 15, 2009     Regular Meeting

 

Motion by Mr. Kozlowski and seconded by Mr. MacQueen to approve the minutes as presented.  Unanimously approved.

 

RESOLUTION:

 

a.  James Busardo                               Block #21        Lot #10

    Bulk Variances w/conditions                        Butternut Road    R 1½

 

The board discussed the letter from Attorney Shurts and agreed that his comments should be placed in the resolution.  Motion by Mr. Kozlowski and seconded by Mr. MacQueen to approve the resolution for James Busardo and to include the comments of Attorney Shurts.

 

ROLL CALL    Yes:   Mr. Machauer   Mr. Terzuolo                Abstain:  Mr. Eberle

                                 Mr. Maurizio      Mr. Abuchowski                         Mr. Perry

                                Mr. Kozlowski      Mr. Nagie

                                Mr. MacQueen

 

Attorney Gallina will amend the resolution and forward it on to Ms. Glashoff.

 

FYI:

Updated Budget request for 2010

 

Ms. Glashoff said the Township Committee will be holding their Budget Meetings on February 15th and 17th.  She will try and schedule their meeting around 5:00 p.m. for herself, Mr. MacQueen and Chairman Terzuolo on February 17th.

 

Chairman Terzuolo announced the board will take a brief recess at this time 7:22 p.m.  When the board reconvened at 7:30 p.m.  Ms. Glashoff asked to have Mr. Eberle sworn at this time.  Attorney Gallina did the honors for the swearing in.  Congratulations to Mr. Eberle.

 

Lebanon Township Board of Adjustment

Reorganization & Regular Meeting

January 27, 2010

Page 3

 

UNFINISHED BUSINESS:

 

Off Road Welding Co.                                      Block #37    Lot #36.01

Michael & Fran Edwards                                Route Little Brook Road   RC 7½

417 Little Brook Road

Glen Gardner, N.J.  08826

 

CONTINUATION OF A PUBLIC HEARING                        D Variance for a Commercial Use in a

                                                                                    Residential Zone

 

Ms. Glashoff informed the board that she had received a phone call on Monday from Attorney Gruenberg who asked to be rescheduled due to a conflict on his part.  Ms. Glashoff read into the record the letter received from the applicant’s attorney. Attorney Gruenberg asked to be placed on the March 24, 2010 agenda with an extension of time to April 30, 2010.

 

Attorney Gallina announced to the public that the continuation of the Edwards application has been rescheduled to March 24, 2010 at 7:30 p.m.  No further notice will be given.

 

Chairman  Terzuolo announced that he will be stepping down from the next application and Vice Chairman Abuchowski will be taking over the meeting at this time.

 

Transtar Truck & Auto body                            Block #41      Lot #4

c/o Dominick Tranquilli                                               Route 513     I5

514 Route 513

Califon, N.J.  07830

 

CONTINUATION OF A PUBLIC HEARING            D Variance for Self Storage Units in the

                                                                                    Industrial Zone

 

Attorney Gilbert stated that it has been awhile since they were before the board and due to a series of circumstances this matter has been adjourned a couple of times.  Attorney Gilbert briefing reviewed for the board the deferent witnesses that have given testimony on behalf of the applicant.  Attorney Gilbert stated that he has one additional witness.  Attorney Gallina noted that at the last meeting the board started with testimony from the public but as a courtesy can let the applicant have his last witness give testimony before continuing with the public portion.

 

Attorney Gilbert said his witness Ms. Burke is Dominick Tranquillis sister who has worked for Transtar for a number of years.  Attorney Gallina said that last time we had heard testimony from Neil Grossman and were in the middle of testimony from Nancy Wolff.  The decision was made to have Ms. Wolff continue with her testimony.  Ms. Wolff said that at the last meeting she was asked to put together a list for the board.  Ms. Wolff said she put the list in chronological order of all the events that have taken place since 1997.  At this time she passed the list out to the board and professionals also to Attorney Gilbert.  Ms. Wolff said the list consists of dates, court transcripts and complaint reports.  As Ms. Wolff started to read the list, Attorney Gilbert objected stating he did not feel there was any merit to have her read what has been given to the board.  Attorney Gilbert did not object to Ms. Wolff highlighting certain aspects but felt it was a waste of time for her to read it all.

 

Attorney Gallina agreed to the highlighting of certain aspects of the list and also reminded the board that they are dealing with the Use Application only and not the Site Plan portion or violations at this time.  Vice Chairman Abuchowski asked Ms. Wolff to refer to the critical issues only.  Ms. Wolff referred to previous testimony given by Mr. Tranquilli where he stated that he was not sandblasting beyond the exterior of the building or painting beyond the exterior.  The earlier testimony given by Mr. Tranquilli he stated that he did sandblast and paint beyond the exterior of the building.  Ms. Wolff said this is why he needs the addition to the building so he can move the illegal activities inside.  Since 1997 Ms. Wolff stated she has spoken to the County Health Dept, has filled out reports and has also gone to court proceedings concerning this issue. Mr. Tranquilli is now before this board asking for a use variance to something else with his property and there is a 13 year history of violations.  There has been illegal sandblasting and illegal painting going on with no resolution to date.

 

Ms. Wolff said that Mr. Tranquilli needs to clean up his act and be a good neighbor.  Ms. Wolff went on to say that there has been no observance of the prior Resolution for the Site Plan.

Lebanon Township Board of Adjustment

Reorganization & Regular Meeting

January 27, 2010

Page 4

 

In 2004 Mr. Tranquilli erected two illegal structures on his property and as a result of these 2 structure he went to court which had been scheduled for November 26, 2007 and was heard on December 20, 2007.  Mr. Tranquilli pleaded guilty, paid a fine and the Judge remanded him to the proper board and he was to have his application filed with the board by February of 2008 which did not happen.  Finally on March 5, 2008 Ms. Wolff contacted Attorney Gilbert.  Attorney Gilbert interjected stating that Ms. Wolff statements were inactuate.  Ms. Wolff noted that she has documented everything along with transcripts, documents from the County Board of Health and all the people she has spoken to.  Ms. Wolff wants the board to put things in the resolution to safeguard them.  At the conclusion of Ms. Wolff’s testimony, Vice Chairman Abuchowski asked the board if they have any questions.  Attorney Gallina had Ms. Wolff’s submission marked into evidence as 03-8 pages of documentation from June 1997 to March 7, 2008. 

 

The board had questions of Ms. Wolff.  Mr. Machauer referred to her comments of the activities being illegal.  Ms. Wolff stated that the Zoning Officer Russ Heiney had taken Mr. Tranquilli to court regarding the violations on the property before she became involved.  Mr. Tranquilli has had complaints filed against him with the Hunterdon County Health Dept.   Per Ms.Wolff,  Zoning Officer Heiney letter referred to Resolution #91-17 from the Planning Board conditions #15 and #17 which Mr. Tranquilli was in violation of and reminded him that this was his second notice of violation and gave him until August 1, 1998 to correct it or an automatic summons would be issued.  Mr. Machauer asked Ms. Wolff, if these violations were corrected and these activities were conducted inside, if the hours were controlled and the noise and pollution were controlled would the illegality disappear.   Ms. Wolff said that excessive noises are not allowed on the property.  If the doors were closed and the noise contained, Ms. Wolff said she would agree.  Ms. Wolff said the point she is making is that this has been going on for 12 years.  The applicant in his testimony has stated he has been doing painting and sandblasting outside.

 

Mr. Maurizio questioned the exterior painting and asked Ms. Wolff if she had ever contacted the DEP.  Ms. Wolff said she called the DEP hotline, their reply was “you have to call the County Health Department” they (DEP) will do nothing.   Ms. Wolff then spoke to Ode Keiderling on April 3, 2006 to report painting and sandblasting along with excessive noise.  Mr. Keiderling came to her farm on May 6th and she explained the situation.  Ms. Wolff was asked to fill out a report to have it on record.  Ms. Wolff said the following week she called Mr. Keiderling back to report continued violations.  Mr. Keideling went to the Transtar site and met with Mr. Tranquilli.  Per Ms. Wolff, Mr. Tranquilli informed Mr. Keiderling that he was not painting outside or sandblasting outside.  Attorney Gilbert interjected and objected to the comments made by Ms. Wolff and stated it was a total waste of time.  Attorney Gallina interjected and told the board to disregard any statements as to what someone else said.  Since it is hearsay, that person would have to come in and testify.  The purpose of tonight’s hearing is the determination of the Use Variance for the Self Storage Facility and has no enforcement authority.  Ms. Wolff said she has provided the names, dates and people and all the information regarding these violations.  Ms. Wolff stated at the last meeting she was asked by a board member to provide all the information she had which she has done this evening. 

 

Ms. Wolff said in conclusion, she has provided names, dates and all the information to the board for everything that has transpired over the past 12 years.  She has spoke, met with officials from the County Board of Health and the DEP.  She noted that she has also gone to court hearings and has also been subpoenaed to court to testify.  Vice Chairman Abuchowski asked if the board had any additional questions of the witness.  Mr. MacQueen stated that the information provided will be used at a later date for the Site Plan when it will be discussed.  Mr. Eberle asked if Mr. Keiderling had filled out any report.  Ms. Wolff said she spoke to his supervisor Carla.  Ms. Wolff stated once she had a copy of the transcript from the first hearing she requested a meeting with Mr. Kinderling and Carla and showed them the testimony that had been given by Mr. Tranquilli which stated he was painting and doing sandblasting.  At this time, Vice Chairman Abuchowski asked if there were any more questions of the witness.  There were none. When opened to the public for testimony, there were none. 

 

Attorney Gallina stated that Attorney Gilbert will have his last witness sworn in to give testimony.  Ms. Patricia Burke of Dover, N.J. sister of the applicant was sworn in.

 

Ms. Burke said she has been the bookkeeper and taking care of all the financial paperwork for Transtar since 1987 on and off for 22 years.  Ms. Burke said in 1987 Transtar was located in Bernardsville, N.J.  The business then moved to Califon in 1990 and Transtar was located at the Mountain View Construction site on Route 513 for about 4 years per Ms. Burke.

 

Lebanon Township Board of Adjustment

Reorganization & Regular Meeting

January 27, 2010

Page 5

 

Transtar then purchased the property next to Mountain View Const. got Site Plan approval from the Planning Board and then built the building that is presently on the site today.  Attorney Gilbert asked Ms. Burke to tell the board of all the times Transtar has been approach by a regulatory officer whether municipal, county, state or federal.  Attorney Gilbert asked Ms. Burke to start with 1997.   Ms. Burke stated that prior to 1997 there was nothing.  In August 1997, there were letters from Ms. Wolff and in September Jack Wright from the County Health Dept. visited the site.  Mr. Wright sent a letter noting the items that needed to be addressed and Dominick took care of it per Ms. Burke.  When Mr. Wright returned on two separate occasions, he did not find any violations on the site.  Ms. Burke noted that the Senior State Fire Inspection Glenn Smith came to the site and found everything to be in compliance with State regulations.  In November 2006 a Robert Agnew a compliance & enforcement officer from the Bureau of Hazardous Waste at the NJDEP had a complaint regarding the spray booth facility and the waste removal and wanted to see the manifest on how the waste was being removed.  Mr. Agnew found no violations and found everything to be in order.

 

Attorney Gilbert asked Ms. Burke about what happened in January 2007.  Ms. Burke said a George Cramer a State of NJ Fire Inspector came and did a fire inspection.  In July 2007 Zoning Officer Bill Skene issued a notice of violation for the sandblasting tent from a complaint.  Ms. Burke stated that Dominick has put up a sandblasting tent to contain the sandblasting and noise inside.  Ms. Burke said that Dominick had informed Mr. Skene that he was in the process of preparing an application either to the planning board or zoning board.  In August 2007 Frank Versono from the Hunterdon County Board of Health came did an inspection of the property and found everything to be in order.  In November 2007 there was an inspection from Christopher McKane of the NJDEP.  Mr. McKane found everything to be in order.  In January 2008 a compliance officer was sent from the state for VOC compliances.  The VOC deals with spray painting and the carbons that go into the air.  Ms. Burke said that all spraying is done inside, contained and that nothing is done outside, it’s all within a 40’ spray booth   In July 2008 another County Health inspector came to the property and found no violations. 

 

Attorney Gilbert said from 2007 to 2010 the only violation was from Zoning Officer Bill Skene.  At this time Attorney Gilbert had an aerial view of the property and adjoining properties that was marked into evidence as A20.  At the conclusion of the testimony by Ms. Burke, Vice Chairman Abuchowski asked if the board had any questions of the witness.  Mr. Eberle asked if they had any reports or letters from these agencies.  Ms. Burke said no.  Mr. Nagie questioned the Court Transcript that Mr. Tranquilli had pleaded guilty to improper sandblasting and painting.  Ms. Burke said it was for only sandblasting.  Ms. Burke insisted that there has never been any painting going on outside.  Mr. Perry asked what the hours of operation are.  Ms. Burke said if they are busy they would start at 7:00 am and stop at 7:00pm.  Mr. Perry asked if Ms. Burke is actually there on the premises.  Ms. Burke said up to 1 year ago she was there 6-7 days per week. Ms. Burke said she works in the office and sometimes would stay until 7:00 pm.    Mr. Perry asked about the waste and how it is disposed of.  Mr. Machauer asked about the complaints. Ms. Burke said that Dominick would take the inspectors through the building.  Mr. Machauer commented on the painting and how it can sometimes create over spray which drifts with the wind.  Ms. Burke said they have a spray booth so the paint is contained along with a series of intake filters that are in the front of the spray booth which filters the air as it comes in and you have exhaust filters that are changed regularly which filters the air going back out through the stack.  Mr. Machauer asked about the dust from sandblasting.  Ms. Burke said this is all contained within the Quonset hut.  Mr. Maurizio asked if there is a collection system or does it just go on the floor.  Ms. Burke said it is pushed into a pile.  Are there any regulations regarding having sandblast medium and the potential for sandblast lead and having to have a paper trail as to where it goes.  Ms. Burke said no not that she is aware of.  Mr. Maurizio asked as far as the sandblasting to what means do they generate the air pressure.    Ms. Burke said it is through a compressor.  All the compressor are electric not diesel.

 

Mr. Maurizio asked how many times have there been court proceedings.  Ms. Burke said only one.  Mr. Kozlowski asked who referred to Mr. Skene as incompetent.  Attorney Gilbert said Ms. Wolff and that all of the Township’s Zoning Officer were incompetent.  Attorney Gallina interjected and reminded the board that they are only here to listen to the application for a Use Variance for the Self Storage Units, not discussing Site Plan issues since this application has been bifurcated.  Mr. MacQueen asked the length of the spray booth.  Ms. Burke said it is 40’ in length.  Mr. MacQueen asked Ms. Burke, if the storage units are approved if she thought this would improve the property and cut down on some of the other problems in the back of the

Lebanon Township Board of Adjustment

Reorganization & Regular Meeting

January 27, 2010

Page 6

 

building regarding noise and the way the facility is going to be run.  Ms. Burke said it would change some of the use but with welding there will be noise and trucks will be coming in and out.  Mr. Maurizio asked about the lighting for the storage units. Ms. Burke said she didn’t know.  Mr. Machauer asked about the Quonset huts.  Ms. Burke said the one is an open building and the other has a door and is closed.  Mr. Machauer asked if there was air conditioning and heat.  Ms. Burke said there is no air conditioning but there is heat.  Mr. Machauer asked if there was an exhaust fan for circulation in the building or fans in the hot weather.  Ms. Burke said she did not know.  Mr. Machauer asked if there were an occasion to sandblast or paint outside.  Ms. Burke said there is no reason to paint outside because the paint booth is large enough.  Everything is done in the building per Ms. Burke.

 

Vice Chairman Abuchowski announced the board will take a 5 min. recess at 8:40 p.m.  When the board reconvened at 8:50 p.m.  Vice Chairman Abuchowski asked the age of the aerial picture of the property.  Ms. Burke said it is about 2½ years old.  Ms. Burke said that Foley moved out about 6 months ago.  Mr. Perry asked when the inspectors come to the property did they see the any men sandblasting or painting any vehicles.  Ms. Burke said they were probably painting.  The only time they sandblast is when a truck comes in for refurbishing.  Ms. Burke said that most of the new truck bodies are aluminum.  The sandblasting has been cut back and is only used to remove rust and scale.  Vice Chairman Abuchowski opened the hearing to the public for questions.  Jim DeGaetano of Route 513 two properties away from Transtar asked questions.  Mr. DeGaetano had pictures that were taken from his property for the board’s review.  The pictures were marked into evidence as O4 dated August 22, 2007 and October 29, 2007. Mr. DeGaetano said his property is 15’ higher per the engineer’s testimony.  Mr. DeGaetano questioned the sandblasting and Attorney Gilbert had Mr. Tranquilli respond to the question.

 

Vice Chairman Abuchowski asked if there were any more questions of the witness.  There were none.  Vice Chairman Abuchowski opened the hearing to the public for comments and statements. Nancy Darois of Butler Park was sworn in.  Ms. Darois asked why the board is discussing the Site Plan when the application is about the storage unit.  The board responded saying that Ms. Darois is correct.  Francis Stasick from Route 513 was sworn in. Ms. Stasick stated that she normally goes to the jersey shore every summer and said she did not feel qualified like everyone else regarding the noise, but didn’t go last summer.  She said she had a headache for 3 hours and didn’t know why but said it was from the two businesses across the road and she had to close all the windows because of all the noise.  Neil Grossman was previously sworn in.   Asked if there has been enough testimony to justify the storage units?  Mr. Grossman stated that there are storage units on Cregar Road in High Bridge which is on the border of Lebanon Township that are half empty and is there really a need for these units and deviate from the Master Plan and Zoning Ordinances which are not a permitted use in the I5 zone.  At the conclusion of Mr. Grossman comments, Mr. DeGaetano was sworn in.  Mr. DeGaetano commented, regarding traffic on Route 513.  There have been in the past 3 years 421 accidents on Route 513 with 2 fatalities.  Twenty percent of the accidents have occurred at night.  Mr. DeGaetano asked what precautions will be taken since there is a dangerous curve by his property which is a blind curve at 50 mph.  Also down the road is a pedestrian bike path.  Mr. DeGaetano referred to a Planning Board Resolution of 1991 reading into the record concerns by the board engineer that there is only 350’ site distance and the speed of the road is 50 mph.  The requirement should be 500’ because traffic increases between 2% & 5% each year along county roads and this resolution is from 18 years ago.  Has a traffic study been done regarding safety?

 

Planner Bolan asked about the study.  Mr. DeGaetano stated that Route 513 is one of the most dangerous roads in the county.  Mr. Maurizio asked who did the study.  The study was done by the RBA Group with the statistics from the county.  Attorney Gilbert commented on the testimony by Mr. DeGaetano.  Mr. Perry asked what time of the day did these accidents take place.  Mr. DeGaetano said between 4-8 pm.  At the conclusion of the public comments, Vice Chairman Abuchowski asked if Engineer Risse had any comments.  The response was no.   Planner Bolan was sworn in to give testimony on behalf of the board.  With a use variance the positive criteria is known as special reasons.  Special reasons come from the purpose of the Municipal Land Use Law which is also in our ordinances and Master Plan along with expert testimony.  The most important is the benefit to the general welfare and has the most weight.  Planner Bolan read from the MLUL regarding general welfare.   Planner Bolan referred to testimony given by the applicant’s Planner Zimmerman. The building height will be 9’ versus 30’ which is permitted in the I5 zone and that there would only be 5-6 visits per day on average.  Planner Bolan noted that Planner Zimmerman referred to the negative criteria regarding to the suitability of the site and that the use is appropriate for the site.

Lebanon Township Board of Adjustment

Reorganization & Regular Meeting

January 27, 2010

Page 7

 

Also referring to Planner Zimmerman testimony that this is a benign use and would fit with this property.   Planner Bolan also referred to testimony given by adjoining property owner Neil Grossman.    Planner Bolan said the proposed use is reasonable and you can permit it.  It is recognized that use variances are to be required.  In referring to our Master Plan, it states that industrial development should be sharply restricted and it has been.  On the negative criteria what the board should be considering is an enhance quality of proof that there will be no substantial impairment of the zone plan and zoning ordinance if the use variance is granted.  The board has to reconcile that the use was excluded initially and look at the other uses in the I5 zone.  In order to satisfy the negative criteria what the board has to find is that the variance can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and ordinance.  The board has to be satisfied with that and that standard will also apply to the site plan with the same negative criteria to the site plan as it is to the use variance.  Planner Bolan quoted section 40:55D-76b of the MLUL.

 

The board thanked Planner Bolan for all his comments.  Mr. MacQueen asked if the board will be voting not just on the use variance but the impervious coverage.  Planner Bolan said yes.  During the board’s discussion on the impervious coverage, Attorney Gallina suggested asking Attorney Gilbert how he wants to handle this.  Attorney Gilbert said he preferred to deal with the impervious coverage at site plan approval and not with the use variance.  Mr. MacQueen asked if we should attach hours of operation now with the use variance or wait until site plan.  Planner Bolan suggested that the board reference issues that you want to see addressed in the site plan but not act on it now.  At the conclusion of Planner Bolan’s testimony and no further questions by the board or public, Vice Chairman Abuchowski asked Attorney Gilbert to give his summation at this time.

 

Vice Chairman Abuchowski asked for a motion to close the public hearing.  Motion by Mr. MacQueen and seconded by Mr. Nagie to close the public portion of the hearing.  Unanimously approved.  At this time, the board deliberated at length.  Mr. MacQueen asked Attorney Gallina if there is a time limit when the applicant has to come back with their site plan.  Attorney Gilbert offered to have the applicant return within 6 months for site plan approval.  At the conclusion of the deliberations, motion by Mr. MacQueen and seconded by Mr. Perry to grant the Use Variance for Storage Units and to have the applicant back before the board within 6 months for site plan approval.

 

ROLL CALL    Yes:  Mr. Machauer    Mr. Nagie                    No:  None

                                Mr. Kozlowski      Mr. Abuchowski           Absent:  Mr. Terzuolo

                                Mr. MacQueen    Mr. Eberle                   Abstain:  Mr. Maurizio

                                Mr. Perry

Attorney Gallina will prepare the Resolution to be on the next agenda of February 24, 2010. 

 

PRESENTATION OF BILLS:

 

a.  John Gallina, Esq.                          $230.00 – Attend Meeting 12/15/2009

b.  Michael Bolan, PP                          $260.00 – Attend Meeting  11/12/2009

                                                            $  85.20 – Review Fire Dept. Application

                                                            $ 42.60 -  Phone conf. with Bd Secretary re:

                                                                           Transcript & hearing

                                                            $170.40 – Escrow   (Patrick Allen)

c.  Court Stenographer                                    $200.00 – Attend Meeting  1/27/2010

                                                Total:   $988.20

 

Ms. Glashoff informed the board she had two additional bills for approval.  One from Attorney Gallina for $603.75 and the other from herself for supplies for $37.06 which will be split with the Planning Board.  This brings the total to $1,629.01.  Motion by Mr. MacQueen and seconded by Mr. Eberle to approve the bills as amended.  Unanimously approved.

 

Being no further business to come before the board, nor comments from the public, motion by Mr. MacQueen and seconded by Mr. Kozlowski to adjourn the meeting at 10:10 p.m.  Unanimously approved.

                                                                           _____________________________________                                                                                 VICE CHAIRMAN ABE ABUCHOWSKI

________________________________________

GAIL W. GLASHOFF, BOARD SECRETARY