Also in attendance was Mark Anderson, Board Attorney, Jeffrey Perlman, Zoning Officer, William White, Board Engineer and Lucille Grozinski, CSR.

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1 Chairman Canterelli called the scheduled Board of Adjustment Meeting of October 19, 2005 to order at 7:30 P.M. announcing that this meeting had been duly advertised according to Chapter 231, Open Public Meetings Act. The meeting took place at the Municipal Building in the Court Room. PLEDGE OF ALLEGIANCE ROLL CALL Chairman Canterelli - Present Vice-Chairman Dietz - Absent Jack Kennedy - Absent Barry Quick- Present John Sheridan- Present Frank Valcheck- Present Anthony Gwiazdowski - Present Mark Wetter Alt. #1 Present Peter Passalaqua Alt. #2- Absent Also in attendance was Mark Anderson, Board Attorney, Jeffrey Perlman, Zoning Officer, William White, Board Engineer and Lucille Grozinski, CSR. ACCEPTANCE OF MINUTES September 7, 2005 A motion to approve the minutes of September 7, 2005, as written, was made by Mr. Wetter, seconded by Mr. Sheridan. All eligible members agreed. Motion carries. ACCEPTANCE OF RESOLUTIONS Blandino, Frank BA A motion to approve resolution as written, was made by Mr. Wetter, seconded by Mr. Quick Mr. Gwiazdowski not eligible Quick Chek BA A motion to approve resolution as written, was made by Mr. Quick, seconded by Mr. Sheridan Mr. Valcheck not eligible Mr. Gwiazdowski yes Verizon BA A motion to approve resolution as written, was made by Mr. Wetter, seconded by Mr. Quick Mr. Valcheck not eligible Mr. Gwiazdowski yes

2 RETS BA (corrected) A motion to approve resolution as written, was made by Mr. Gwiazdowski, seconded by Mr. Wetter Mr. Gwiazdowski not eligible Belvoir Barn BA A motion to approve resolution as written, was made by Mr. Valcheck, seconded by Mr. Quick Mr. Gwiazdowski not eligible BOARD OF ADJUSTMENT BUSINESS None BUSINESS FROM THE FLOOR None APPLICATIONS WARMKE BA Block 202, Lot 9 Hillsborough Road Use variance for Major Site Plan to retain existing single family dwelling and truck repair facility. Mr. Jeffrey Soriano, attorney for the Applicant, appeared and was sworn. Application is seeking D variance approval to retain an existing truck repair facility located and residential dwelling on the property Applicant is also seeking a D variance to retain two principle uses on a lot Applicants seek Preliminary and Final Major Site Plan Approval No improvements are proposed in the application Property is located in the CDZ Corporate Development Zone The property consists of approximately 96.5 acres located on Hillsborough Road Township negotiated with the prior owners for the purchase of development rights, and those easements were conveyed to Hillsborough Township. The owners, along with the Township are pursuing farmland preservation pursuant to NJSADC program. NJSADC review of the transaction of the easement deed picked up a non-agricultural use on the property the truck repair facility. NJSADC would not reimburse Hillsborough Township on the development easement transfer until this issue is resolved 2

3 Mr. Bob Heibell, P.E. engineer representing the applicant, appeared and was sworn. Testimony and discussion included: The application proposes no new facilities Conducted a survey of the property with existing structures There is no proposed land disturbance The applicant does not propose to expand the truck repair facility. No increase in impervious surface is proposed in the application. There are no bulk variances requested as part of this application. There are two barns on the property, one of which is used for agricultural purposes, while the other is partly used agricultural purposes and for the truck repair facility. The truck repair facility occupies approximately 1,800 s.f. of one of the barns. Open to public Ms. Summer, and Bill Martin. Each expressed concern about potential expansion of the truck repair facility in the future. Mr. Martin asked if the truck repair facilities will have an impact on well water. The applicant responded that no additional wells are proposed. Mr. John T. Warmke, owner of the property, appeared and was sworn. Testimony and discussion included: Described the prior uses and structures that exist on the property. Applicant stated that his son and daughter in-law currently reside on the property and operate the truck repair facility The remainder of the property, approximately 96 and a half acres, had sold away it s development rights and is still farmed The truck repair business located to the barn when it was completed in August of 2003, while the other half of the barn is used to store farm equipment. The business is currently operating at maximum capacity. Open to public No questions Mr. Sy Warmke, owner of the truck repair facility, appeared and was sworn. Testimony and discussion included: Stated that he initiated the truck repair business approximately three years ago and was then a mobile repair facility. The applicant does not intend to expand the repair facility to the other half of the barn The applicant s business currently services tractor trailers that need brakes, suspension work, oil changes, wiring, and welding The current truck repair facility is located in the easterly half of the 60 foot by 60 foot pole barn. The other half of the pole barn is used solely for the storage of farm equipment. Applicant stated that his son and daughter in-law currently reside on the property and operate the truck repair facility The biggest truck serviced on the property is a 53 foot box trailer. Typical hours of operation are from 8am to 6pm, Monday through Saturday Saturday is the busiest day, where up to six trucks might be parked on the property at any given time. One full-time employee works in connection with the business Truck repairs are conducted on a concrete floor to allow for clean up of spilled items No truck lifts are located in the barn Trucks are stored outside to allow for customer drop off and pick-up The average number of trucks repaired on any given work day is about three Trucks to be repaired are parked on a stone lot behind the barn. Customers make appointments to arrange for truck repairs. Applicant would agree to a limitation on the number of trucks that can parked outside the facility at any given time. No well water services the barn. 3

4 Open to public Ms. Brown asked whether applicant directs trucks arriving at his property to use Route 206 vs. Willow Road. The applicant stated that trucks are directed from Route 206 and not from Willow Road. Bill Martin asked if truck operators are storing their vehicles on the property overnight. The applicant said that three owner-operators are parking on the property. Ms. Osche asked if the truck repair business is registered with the State of NJ. The applicant said that all necessary permits have been obtained from the State. Gail Martin asked the truck facility would be monitored to ensure that the business does not expand? The Board responded that the Zoning Department would make periodic inspections. Mr Hartnack asked whether fuel was stored in the barn. The applicant stated that there was a 5-gallon diesel can used for truck repairs. Public Comment: The following members of the public had comments; Mr Linder voiced opposition to the application. Bill Martin expressed concern for the overnight truck activity and asked that the issue be addressed. Mr. Daniel voiced support for the application.. The applicant asked that the Board withhold taking action until the next scheduled Board meeting. The application was carried to November 2, KENNEDY, PHILIP BA Block 17, Lot River Road Use variance for Accessory Use Building for Senior Citizen Dwelling. Mr. and Mrs. Kennedy, the applicants, appeared, was sworn and presented a summary of the application. Testimony and discussion included: The applicant is seeking a use variance for the construction of an accessory dwelling unit The proposed dwelling unit is for the applicant s parents. Appeared before the board to years ago and received approvals for 1,000 s.f. as an ECHO unit Applicant has been unable to obtain building permits and the certificate of occupancy from the Hillsborough Building Department because the approved structure exceeds the NJ Department of Community Affairs regulations on ECHO units Applicant is now re-applying to build the same structure that was previously approved, but to not call it an ECHO unit Discussion ensued among the board members as to why this application is before them again. The applicants had prior approvals for a 1,000 s.f. ECHO unit with two bathrooms from the Board of Adjustment. ECHO regulations from the Department of Community Affairs limit the size of an ECHO unit to 720 s.f. and allow for only one bathroom. The Hillsborough Building Department could not issue permits given that the approved ECHO unit exceeded New Jersey regulations. Open to public No questions from the public A motion to approve the bulk variances with conditions discussed was made by Mr. Wetter, and seconded by Mr. Sheridan Conditions: The second dwelling unit is restricted to the Applicants elderly parents and if needed a live-in aid or care provider The second dwelling unit shall never be rented to the public The structure will be removed from the property within six months from the time that the Applicants parents vacate the unit. 4

5 Roll call: Mr. Gwiadowski yes CINGULAR WIRELESS BA-05-3 Block 12, Lot 29B 47 East Mountain Road Use variance and site plan approval with bulk variances for the construction of a wireless communications facility carried from September 7, Mr. Michael Levine, attorney for the Applicant, appeared. Testimony and discussion included Applicant proposes to erect a 150 foot monopole communications tower Cingular Wireless and two other users propose to place antennas on the pole. The subject property has an existing dwelling and a dog kennel/grooming facility The subject property is located in the AG Agricultural Zoning District where wireless communications towers are not a permitted use. A Use variance is requested in connection with this application Exhibits Introduced: A-1 Existing Cingular Wireless Coverage without proposed site A-2 Composite Coverage with Proposed Site A-3 RF exposure analysis, dated Mr. Ramone Zamora, engineer for the applicant, appeared and was sworn. Testimony and discussion included: There is no reliable coverage in the area of the proposed tower Listed adjacent facilities, including existing and proposed sites Currently, there is only one on-air site and one proposed site located in Hillsborough. The applicant s preference is to locate or co-locate on an existing structure The applicant was unable to find any existing structure that can cover the existing gap in service Most of the coverage gap will be filled by the proposed site Illustrated the anticipated coverage of the new facility. The tower height of 150 feet was determined to be the height required to cover the service gap and allow for multiple co-locators. No permanent staffing would be required The site will be remotely monitored continuously and is alarmed The carrier frequencies emitted from the antennas will not interfere with any consumer devices or other commercial electronic equipment for residents in the area The applicant stated that there were three candidate sites that would fill the service gap, the proposed site, the Hillsborough Municipal Complex, and the Hillsborough Department of Public Works The applicant described how the coverage deficiency is determined and the area where the location of a tower would fill the gap in coverage The applicant described how the wireless communications network is constructed Antennas placed too close to one another interrupt service and therefore, each cell tower must provide somewhat exclusive coverage The applicant stated that the proposed site is near the center of the gap coverage area, and suitable sites must be located within a half-mile around the center of the coverage deficiency 5

6 Discussion ensued among board members regarding whether the applicant has made attempts to co-locate with other carriers on towers that have been approved. For example, the Board asked whether the PSE&G lines outside of Flagtown, where Verizon has antennas, would meet the applicant s need from a service standpoint. The applicant agreed to look into that site. The Board asked about the option of locating on township land, such as the municipal complex or the Department of Public Works. The applicant stated that they have been negotiating with the township for 10 months and no bid has been issued. Due to the lateness of the hour, the application was carried to January 4, 2005 LIPANI, VINCENT BA Block 199, Lot 6 Hamilton Road Use/Bulk variances for Preliminary & Site Plan Approval for proposed office and pole barn - carried to December 7, 2005 CORRESPONDENCE None CLOSED EXECUTIVE SESSION The board met in closed session to discuss pending litigation and matters relate to attorney-client privilege. ADJOURNMENT- 11:00 p.m. Submitted by, Jeffrey Perlman Zoning Officer 6