530 West Hill Road
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, Mr. Nagie, Mr. Abuchowski, Attorney Gallina, Planner Bolan and Engineer Risse.
Notice of this meeting was
provided for in the “Annual Meeting Notice Schedule” adopted by this board on
PRESENTATION OF MINUTES: Next Meeting
PRESENTATION OF BILLS:
a. John Gallina, Esq. $ 315.00 – Attend Mtg
Phone Conf with Bd Sec.
b. Banisch Associates $ 95.90 - Escrow (Cingular Wireless)
$ 280.00 - Escrow (Amerman)
d. Court Stenographer $ 200.00
- Attend Mtg
Motion by Mr. Nagie and seconded by Mr. Abuchowski to approve the bills as presented. Unanimously approved.
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
Attorney Gallina announced since the applicant had to reschedule the hearing, the following items were marked into evidence: A14-Notice to Property Owners, A15-Certified List of Property Owners, A16-POD Slips, A17-Notice in Newspaper-Hunterdon Review, A18-Affadavit of Proof of Service, A19-Notice in Newspaper-Hunterdon County Democrat.
Attorney Babinski announced that she had the following people this evening to give testimony: Engr. Greg Novak from French & Parillo, Engr. Chuck Lee from Gem Engineers and Engr. Glen Scherer from Malick & Scherer. Engr. Chuck Lee was sworn in to give testimony.
Engineer Lee reviewed for the
board the three revised sheets that were submitted prior to the hearing. The following was marked into evidence: A20- Sheet #1 A20a Site Plan & Bulk Requirements,
Sheet #2 A20b Elevations, Sheet #3 A20c Details revised
At the conclusion of Engineer Lee’s testimony, Chairman Terzuolo asked if the board had questions of Engineer Lee. Mr. MacQueen asked if the existing parking for the Autobody Shop will stay the same. Engineer Lee answered yes. Mr. Perry and Mr. Nagie asked about the fencing. Mr. Nagie asked how far would the fence be from the property line. Engineer Lee stated it will be 5’ versus the 3’ which was originally proposed. Engineer Lee noted that the new fence will replace the gap where the trailer had been. The existing fencing will remain. Mr. Nagie asked about the number of carriers on the monopole. Engineer Lee stated when ordering a monopole it is always manufactured for a minimum of three carriers. For now only Cingular will be on the monopole. If another carrier wishes to co-locate, they will need to submit an application to the board.
Chairman Terzuolo asked about additional carriers and the problem with impervious coverage. Engineer Lee stated that they can stack the cabinets which they have done in the past. Engineer Lee informed the board, if stacking became a problem, the owner has given permission to have cabinets inside the Autobody Shop. Mr. Perry asked how high they could stack the cabinets. Engineer Lee stated that by stacking them outside, the cabinets would be above the fence, but that there is a steep hill behind the where the cabinets would be located and could be a buffer if the cabinets exceeded the height of the fence.
Planner Bolan asked if the 3
sheets were supplements to the original 9 pages. Engineer Lee answered yes. Planner Bolan asked if the monopole was
designed to have 3 or more carriers.
Engineer Lee referred to Sheet 2 which shows future carriers. Cingular will be at the 150’ level and any
future carriers will be below 150’.
Attorney Babinski added the board can request a design for four
carriers. Attorney Babinski informed the
board that with all the mergers there are only four licensed carriers. Planner Bolan referred to the ordinance
stating that it requires a 7’ high fence and the applicant is proposing a 6’
high fence. Engineer Lee stated the
existing fence is 6’ and they wanted to match the height to be consistent. Planner Bolan stated that since the applicant
is proposing a new compound it should at least be 7’. Engineer Lee responded stating that they can
replace the existing fence and have a 7’ fence
instead. Planner Bolan asked why they
were only going to be 30’ off the property line when they have a lot over 200’
in width. Engineer Lee stated it was
because of the
Attorney Babinski informed the board and Planner Bolan that their next witness was their Highlands Engineer. Engineer Risse asked; with the new location were they able to enumerate the setback distance from all of the surrounding residences. Engineer Lee said that he did revise the one thousand foot radius map that was previously submitted and asked to have it marked into evidence at this time. A21-Revised map showing the circle with structures within 1000’ of original site, also A22-Map showing existing structures within 1000’ of the site behind the building. Engineer Lee informed the board the reason for revising the map was to show the location of the new house adjacent to their lot. Engineer Lee went on to further explained in detail the reason for the revisions. Engineer Risse asked how many structures are their within the 1000’. Engineer Lee answered 13 adding that the variance did not change. At the conclusion of Engineer Lee’s testimony, Chairman Terzuolo opened the hearing to the public for questions of the witness. The following people asked questions: Robert Simms, John Bonelli, Esq., Mary Fulloon and Daniel Finn. Mr. Simms questioned having the cabinets in the Autobody shop building considering there are hazardous materials and the cabinets have electrical equipment. Engineer Lee responded saying every precaution will be taken in the event the cabinets are placed in the building. Attorney Bonelli questioned the location of the cabinets and questioned having the cabinets in the Autobody Shop since there will be hazardous materials in the building and wanted to know what precautions will be taken. Engineer Lee stated they could create a barrier (separate room) or they create walls to separate the different uses. Engineer Lee informed Attorney Bonelli they would have to comply with BOCA and DEP requirements when the time comes.
Ms. Fulloon asked how many
feet will the tower be from the road.
Engineer Lee answered 85.3’. At
the conclusion of the questions by the public, Chairman Terzuolo announced the board
will take a brief recess at When the board reconvened at Attorney Babinski had her next witness sworn in to
give testimony. Engineer Glen Scherer
was sworn in. Engineer Scherer stated he
had been retained by Cingular to develop and oversee their expansion of their
wireless network as it pertains to sites in the
applications for the
Engineer Scherer stated that
once they revised their plan they submitted it to the Land Use Division of
Before the next witness was
sworn in, Planner Bolan noted that the report we received from November of 2005
has a wrong location of one of Cingular’s proposed towers. The tower in question is before the Planning
Board and is located on the
Attorney Babinski asked Mr.
DiStefano to tell the board of his discussion with the property owner. Mr. DiStefano stated that the rental home
where they propose the monopole is located on the driveway. For future carriers the owner would consider
using the garage as an equipment area.
Also, the same for the Autobody shop that he would consider leasing out
space inside the shop for additional carriers if needed. Chairman Terzuolo asked if municipal
properties are generally more favorable.
Mr. DiStefano answered yes.
Attorney Babinski informed the board that Mr. DiStefano will be back
with the overlay map of the
At this time, Attorney Babinski informed the board that she had several more witnesses to testify. Chairman Terzuolo stated because of the late hour the hearing will need to be carried over to another night.
Chairman Terzuolo asked Ms. Glashoff for a date. Ms. Glashoff offered July 26th. Attorney Babinski did not feel they could get the maps revised in time. Ms. Glashoff informed Attorney Babinski that both meeting dates in August were already taken and offered September 13th. Attorney Babinski accepted the September 13th date and agreed to an extension of time through September 30th. Attorney Gallina informed the public that the application will be continued to September 13th at No further notice will be given.
Being no further business to come before the board, nor comments from the public, motion by Mr. Nagie and seconded by Mr. Abuchowski to adjourn the meeting at Unanimously approved.
CHAIRMAN BRUCE TERZUOLO
GAIL W. GLASHOFF, BOARD SECRETARY