530 West Hill Road Glen
The Regular Meeting of the Lebanon Township Board of Adjustment was called to order at by Chairman Bruce Terzuolo. Present were: Mr. Machauer, Mr. Kozlowski, Mr. MacQueen, Mr. Perry, 1st Alternate Abuchowski and Attorney Gallina.
Notice of this meeting was
provided for in the “Annual Meeting Notice Schedule” adopted by this board on
PRESENTATION OF MINUTES:
Motion by Mr. Abuchowski and seconded by Mr. Perry to approve the minutes with minor corrections. Unanimously approved.
PRESENTATION OF BILLS:
a. John Gallina, Esq. $262.50
– Attend Mtg
$157.50 – Escrow (Pfister)
b. Court Stenographer $200.00
Chairman Terzuolo asked if
there were any additional bills to add to the list. Ms.Glashoff stated she had two additional
bills to add to the bill list both from Engineer Risse. The first bill $555.50 Escrow for Cingular
Wireless and the second bill for meeting times for $454.50
Ms. Glashoff informed the board the Township Committee appointed Mr. Abuchowski to the unexpired term of Brian Cerf and appointed Mr. Eberle as Alternate I with an unexpired term of 12/2006. Since Mr. Eberle was absent, he will be placed on the next agenda to be sworn in.
SWEAR IN: Abe Abuchowski Class IV Regular Member Unexpired Term 12/09
Attorney Gallina did the honors and sworn in Mr. Abuchowski. The board congratulated Mr. Abuchowski.
Cingular Wireless Block
c/o Judith Babinski, Esq. Route 513 R3
Pitney Hardin, LLP
CONTINUATION OF A PUBLIC HEARING Conditional Use/Site Plan/Variances
a third use on the property
Chairman Terzuolo announced
that the application for Cingular Wireless will be carried to the
Kenneth Secor Block #65
Glen Gardner, N.J. 08826
APPEAL An appeal from Zoning Officer Decision
Attorney Walter Wilson was
present to represent the applicant.
Attorney Gallina stated the
board needs to determine whether this Appeal was timely. In referring to his letter Attorney Gallina
noted that the Zoning Permit Denial is dated
Attorney Gallina asked if the
applicant had filed an Appeal with the Zoning Officer within the 20 days from
Chairman Terzuolo interjected
stating that the notice for tonight’s meeting was a written notice and
posted. This board finds that notice
must be written. Attorney
At this point in time, Chairman Terzuolo asked the board for their input on this matter. Members of the board agreed that written notice should have been done within the 20 days. Mr. Secor asked to make a comment. Mr. Secor informed the board that the rejection letter was generated while he was waiting on a letter from the Township Attorney regarding a requirement of dismantling the kitchen to comply with the zoning. Mr. Secor had made it clear that he was not creating a two family dwelling. The issue came up regarding the Attorney’s response in writing since they needed a request in writing to give a response in writing. Mr. Skene suggested that Mr. Secor proceed since this wasn’t going to go through. Mr. Skene suggested that he get a rejection letter now and start working on the application while waiting for a response from the Township Attorney. Mr. Secor needed to know if he could build the addition if we remove the kitchen before getting a Temporary CO. None of this was ever answered. Mr. Secor said he had been back and forth with the Zoning Office several times and informed Mr. Skene he didn’t know had to proceed at this point. Mr. Secor stated that Ms. Glashoff was kind enough suggest to him to seek legal counsel because it was beyond his comprehension on how to put this process through. Mr. Skene made it clear there were issues at that time with legal counsel for the Township. He got a denial letter from Mr. Skene who told him to get going on this and to find a lawyer to represent him.
As a side note, Chairman Terzuolo made it very clear that the Zoning Officer will be present and if it is a problem a subpoena can be issued. Chairman Terzuolo stated that he does not want to embarrass the applicant and he does not want this board embarrassed. Chairman Terzuolo asked if that was clear. Ms. Glashoff stated “you do not have a problem with me with that”. Ms. Glashoff stated for the record, she approached Mr. Skene on two occasions asking him to come to this meeting and he stated it was not necessary. Chairman Terzuolo stated that Ms. Glashoff then should have contacted him and he would have issued a subpoena. Chairman Terzuolo asked Attorney Gallina where are we going from here. Attorney Gallina stated there is no indication that a written appeal was filed with the Zoning Officer or that an application for the appeal was filed within the 20 day file period. Chairman Terzuolo referred to the plans that have been submitted along with the filing fees. Chairman Terzuolo suggested if there is no objection, accepting these but we need the letter and Mr. Skene here. Chairman Terzuolo asked Ms. Glashoff to have Mr. Skene call him.
Attorney Gallina noted there
were other issues that have to be considered, is it the same application, is
there anything different about it.
Chairman Terzuolo stated if the applicant gets another denial from the
Zoning Officer, he should then file an appeal and come back to the board. Attorney
At this time the board recessed at When the board reconvened at Chairman Terzuolo asked what the opinion of the board was and the next step. Attorney Gallina stated that the application was filed after the 20 day filing period under the MLUL and the board does not have jurisdiction to proceed with an Appeal.
Being no further business to come before the board and no comments from the public, motion by Mr. MacQueen and seconded by Mr. Perry to adjourn the meeting at Unanimously approved.
CHAIRMAN BRUCE TERZUOLO
GAIL W. GLASHOFF, BOARD SECRETARY