530 West Hill Road†† Glen
The 796th Regular Meeting of the Lebanon Township Planning Board was called to order at by Vice Chairwoman Doreen Bleck. †Present were:† Mr. Weeks, Mr. Schmidt, Mr. Piasecki, Mr. Rich, Mr. Piazza, Attorney Gallina, Planner Bolan and Engineer Risse.
Notice of this meeting was
provided for in the ďAnnual Meeting Notice ScheduleĒ adopted by this board on
PRESENTATION OF MINUTES:††††††††††††††††††††
Motion by Mr. Piazza and seconded by Mr. Schmidt to approve the minutes as presented.† Unanimously approved.
†††† Amend Site Plan with conditions†††††††††††††††† Route 31††† B2
After review of the resolution, motion by Mr. Piasecki and seconded by Mr. Piazzi to approve the Resolution to amend the Site Plan with conditions.
ROLL CALL††††††† Yes:††††††† Ms. Bleck††††††† No:† None††† †† Abstain:† Mr. Weeks††††††† Absent:† Mr. MacQueen
††††††††††††††††††††††††††††††††††††††††††††††† Mr. Schmidt††††††††††††††††††††††††† ††††††††††††††††††† Mr. Rich†††††††††††††††††††††††††††† Mr. Gerlich
††††††††††††††††††††††††††††††††††††††††††††††† Mr. Piasecki††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Mr. Weiler
††††††††††††††††††††††††††††††††††††††††††††††† Mr. Piazza
Ms. Glashoff asked to address an issue regarding an Escrow bill for Davara at this time.†† Ms. Glashoff stated that when Mr. English came in to submit all the notices for the public hearing, he informed Ms. Glashoff that he was not bringing his attorney because he is an LLC and that he did not need to have his attorney present.† Ms. Glashoff told him she thought he did need his attorney but would contact Attorney Gallina and get a legal opinion.†† Ms. Glashoff was concerned because if Mr. English did not bring his attorney when one was needed, Attorney Gallina would have informed the board and Mr. English that they could not proceed with the public hearing.† When Attorney Gallina informed her that Mr. English did need to bring his attorney, Ms. Glashoff contacted Mr. English and informed him.† Mr. English faxed a memo stating that he did not authorize her to contact Attorney Gallina and is not paying the charges for Attorney Gallinaís legal research on this issue.
The board was informed by Attorney Gallina that Ms. Glashoff does not have to get authorization from the applicant.† The board agreed.† After discussion by the board, Ms. Glashoff will contact Mr. English and inform him that the charge of $197.40 will be charged to his escrow account.† Per Attorney Gallina, if Mr. English wants to pursue this, there is a procedure under the MLUL that he can appeal to the Township Committee.
REQUEST FOR A WAIVER FROM CONDITION #8 IN RESOLUTION:
†††† Minor Subdivision/Variance/Design††††††††††††††††††††††††††
†††† Waivers with conditions†††
†††† (Enclosed pages 13 & 14 of Resolution)
Attorney Guliet Hirsch and the applicant Bob Cassavell were present to discuss the request.† Attorney Hirsch stated they were informed by there Engineer Eric Rupnerian that the grass pavers are considered impervious cover by the NJDEP under the Highlands Rules and they are requesting the right to eliminate the two foot grass paver along the cul-de-sac bulb in order to minimize impervious coverage.
Engineer Risse informed the
board that the applicant request was reasonable and made sense and recommended
the waiver request.† Attorney Gallina
referred to Engineer Risseís letter dated
Piasecki to grant the request for a waiver from condition #8 in the Resolution dated February 15, 2005 with the following conditions:
a. ††Approval from Hunterdon County Planning Board before deeds are stamped and signed.
b. ††Condition #8 is amended to read that the Cul-de-sac bulb will have a radius of 42 feet.
††† ††The full width of the bulb will be paved with asphalt.
c.† †The construction code official shall require a sign off from the Township Engineer for
††††† each lotís bio-retention swale prior to issuance of a C.O.† for that lot.† Should a lotís
††††† actual development plan result in the construction of the bio-retention swale in an
††††† area other than as depicted on Sheet 4 of 11 of the approved Subdivision Plan, a
††††† revised bio-retention swale easement metes and bounds description shall be reviewed
††††† and approved by the Township Engineer and recorded as an amended Exhibit B2 in
††††† that lotís deed prior to the issuance of a C.O. for that lot.
ROLL CALL††††††† ††††††††††††††† Yes: ††Mr. Weeks††††††††††††††††† Mr. Rich No:† None
††††††††††††††††††††††††††††††††††††††††††††††† ††††††††† Mr. Schmidt††††††††††††††† Ms. Bleck
††††††††††††††††††††††††††††††††††††††††††††††† ††††††††† Mr. Piasecki††††††††††††††† Mr. Piazza
Attorney Gallina will prepare the Resolution for the next Planning Board Meeting on March 20, 2007.
ITEMS FOR DISCUSSION:
Planner Bolan reviewed for
the board his memo dated March 1, 2007.†
Planner Bolan also had an ex-large vision of the Land Use Map of Lebanon
Township purposed by the
Approximately 90-95% of the Township is within a High Integrity Forest Area and the entire Township is within the Critical resource habitat Area.† 85-90% of the Township is within the Agricultural resource Area.† If there is a conflict, which standard will apply? †In referring to Wellhead Protection, schools are a public non-community water supply and fall in a wellhead protection area.† This standard prohibits the expansion of schools.† Does this mean that expansion of any school is prohibited if served by well-water?
The entire Township is within the Critical Resource Habitat Area.† This section prohibits new land uses or modifications to existing land uses with this area unless approved by the Highlands Council.† How does the Highlands Council intend to compensate landowners for this prohibition.† 85-90% of the Township is within the Agricultural Resource Area.† The standards are specific to the Conservation Zone which is 12% of the Township.† One of the zones standards limits permissible uses within an Agricultural Resource Area to those uses of land that support the preservation of farmland and the continued viability of the agricultural industry.† One of the standards which applies throughout the Agricultural resource Area in the Township prohibits non-agricultural land development or alternation that is incompatible with the protection an enhancement of agricultural production.† Another standard requires open space design methods for development other than agricultural development.† These standards are contradictory.
Attorney Hirsch was present for the presentation by Planner Bolan.†† Planner Bolan asked Attorney Hirsch for her input.† Since Attorney Hirsch was not by a microphone, not all of her comments could not be picked up.
March 6, 2007
During the discussion, Mr.
Rich stated that he first thought the
Mr. Piazza questioned the difference between the preservation area, protection and planning areas considering in a nearby municipality they are building near a stream by the Hess Station on Route 31 and right by the river along Dead Manís Curve and wanted to know how this can happen.† Planner Bolan stated that the difference is that in the preservation area things are mandatory and in the protection area they are not mandatory. †Mr. Piazza stated that he thought water was the big issue and down the road they are polluting it which doesnít make sense.† Planner Bolan stated that we have to revise our Master Plan and any municipality that is totally or partially in the preservation area has to revise their Master Plans to the extent of the preservation area.† The protection area they can op into.†† Mr. Schmidt noted that they are condemning land and not paying for it and if you own woods (forested) itís worthless.† Mr. Schmidt suggested this could have been made simple, have 15 acre zoning per house/septic and leave the planning to the local planning board. †Mr. Rich stated this is a land grab and it is all about control and power with
corruption soon to follow.† The first thing they should have worked on if they are going to take land is compensation. ††Mr. Rich noted that all Planner Bolanís points are very valid and good but they are minor tweaks and what we should really be focusing on is the bigger
picture and asked if this is
really beneficial to
Vice Chair Ms. Bleck asked
Planner Bolan in talking with colleagues are people coming up with the same
frustrations but noting how drastic our situation is.†† Planner Bolan stated the
Attorney Hirsch (from the public) suggested our Planner and Attorney put together a position paper explaining why there are so many things missing from the Plan that even if a town wants to they canít bring themselves into compliance because you donít know what the standards are, state all the things that are missing and state with all the things that are missing how can a municipality possibly be required to have conforming zoning when you donít know whatís required.††† Mr. Rich stated that we should take an aggressive stand on this issue and if we do, then we have done our job.† Mr. Rich agreed about putting a position paper together and that Attorney Hirschís suggestion is a good one, but would go further to say that we object to being in this as it has now developed.† Mr. Schmidt asked how are we to redo our Master Plan when we donít know what they are doing.† Can we put it off so not to waste money?† Vice Chair Ms. Bleck noted that Planner Bolanís comments and questions are very good ones.†† Mr. Schmidt also agreed to have the Planner & Attorney along with the help of the Engineer put the position letter together.† Mr. Piasecki suggested to our professionals to look at the Act itself and try and get the parameters of the Act and what came out of it and attack it that way.† It the Plan does not comport with what the Act requires then thatís the best attack.† Planner Bolan agreed.†† Mr. Piasecki stated they have been so hap-hazard with the way they put this together that they have forgotten the Act and what it requires and have gone off on their own.†† Planner Bolan noted that when this Plan came out none of the technical reports were out, none of the maps were out.† A GIS person could not go online and get the shape files that would show what these maps were.† The maps are inconsistent on whether you are identifying municipality boundaries or county boundaries.†† Mr. Rich stated that we need to go on record to at least establish an overall big picture.† Then as this unfolds we will probably have more ammunition.† Planner Bolan purposed the following opening statement to be in the position paper and read it to the board.† Mr. Schmidt also mentioned septic density to be included in the letter.†
March 6, 2007
Planner Bolan will have the position letter ready for the next Planning Board meeting.†† At the conclusion of the boardís discussion, motion by Mr. Rich and seconded by Mr. Schmidt to have Planner Bolan, Attorney Gallina along with help from Engineer Risse if needed prepare a position letter with the boardís comments on the Highlands Master Plan.†
ROLL CALL††††††††††††††††††††††† Yes:† Mr. Weeks††††††††††††††††† Mr. Rich No:† None
††††††††††††††††††††††††††††††††††††††††††††††† †††††††† Mr. Schmidt Ms. Bleck
††††††††††††††††††††††††††††††††††††††††††††††† †††††††† Mr. Piasecki Mr. Piazza
Planner Bolan will have this letter ready for the March 20th Meeting.† Deadline for comments is April 2nd.
b.†† Master Plan to be updated
Vice Chair Ms. Bleck
questioned how can we do a reexamine on the Master Plan when we donít know
whatís happening with the Highlands Master Plan?† Planner Bolan agreed but referred to the MLUL
stating that it is a statutory requirement.†††
Mr. Rich stated that our Master Plan which is a compromise of many
people and thoughts actually hits the mark.††
We have had creative subdivisions which have come from the Master Plan
and all the great ordinances we have put into place.† Planner Bolan referred to the major
subdivision up on
Mr. Schmidt changing the
subject asked about the three islands along
Vice Chair Ms. Bleck asked what we need to be doing at this time regarding COAH.† Planner Bolan referred to the Superior Court decision back the end January and at this time COAH doesnít know what to tell us. ††COAH is to come out with new rules that respond to that decision in 6 months (end of July).† COAH reviewed our plan and sent us an initial letter, we responded last October.† The ball is in their court at this point in time.† Planner Bolan noted there are two parts that the State is appealing.† One was having the towns have growth share ordinances and wanted clarification from the court and the other part which is being appealed to the Supreme Court is the density incentive.†
d.†† Fences Ė to be placed on the March 20, 2007 agenda.
Vice Chair Ms. Bleck asked if
there were any comments from the board.†
Mr. Piazza stated he wanted input from the board on a Board Health
agenda item for tomorrow evening.†† There
is an applicant requesting a septic waiver.†
The property is located on
Ms. Glashoff informed the board she spoke with Mark Salisbury from Mohawk Oil and was informed that JCP&L should be finishing up their work this coming week and by the week of March 19th work should begin which includes installing of the fire tank and all of the on site work.
PRESENTATION OF BILLS & REPORT:
a.† John Gallina, Esq.††††††††††††††††††††††††††† $280.00 Ė Attend Mtg†† 2/20/07
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† $477.40 -† Escrow† (Davara Industrial Ctr)
††††††††††††††††††††††††††††††††††††††††††††††† Total:†††† $757.40
Motion by Mr. Piazza and seconded by Mr. Rich to approve the bills for payment.† Unanimously approved.
Ms. Glashoff reminded the
board that Omnipoint will be on the Agenda for
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† ††† ††††††††††††††††††††††††††††††††††††††††††† ††††††††††††††††††††††††††††††††††††††††††††††† ___________________________________________
††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† VICE CHAIRWOMAN DOREEN BLECK
GAIL W. GLASHOFF, PLANNING BOARD CLERK