Dear Neighbors,
I
would like to start off by welcoming all the new
subscribers to Lumberton E-News. In this edition, there are a few big
issues from the June Planning Board that we will be
hearing about for months to come. As you read
them, please keep three words in your mind
"arbitrary", "capricious" and
"unreasonable". These are the standards
by which courts use to overturn the decision of local
Planning and Zoning Boards. So without any
further
introduction, here are
the big stories.
Airport Expansion - False Alarm?:
In the April 24th issue of the Lumberton E-News, I reported that the South Jersey Regional Airport notified neighbors of a plan to expand by 40 hangers. Apparently, the Airport's flyer was incorrect. The
airport is
seeking to add only 4 new hangers for about 35 small
aircraft. This number represents less than 3% of
the total aircraft storage space at the airport.
The site plan was presented to the Planning Board on
June 5th. The Aviation Industry Reality Company
representative stated that the airport would remove an equal number of outdoor storage
spaces as it was creating with the hangers so the result
would be no net increase in aircraft storage
capacity. The majority of the Planning Board
considered this an expansion and rejected the plan by a
4-3 vote. Ms. Gest and Mr. McConville had to
abstain because they were absent at a previous
meeting where the same issue was discussed.
Neither member watched the tape of the previous meeting
which is required by committee rules to be eligible to vote on the
matter.
The
Lumberton Planning Board is not the final authority on
the aviation matter. The New Jersey Department of
Transportation is the final decision maker. The
decision of the Planning Board is only one factor that
the state DOT takes into consideration when making its
decision. The Planning Board only rejected the
site plan. No variances are required to add
these hangers which makes it more likely that the NJ
Department of Transportation will ultimately approve the request.
Country Estates Applies for Permission to
Expand:
Back in January, the Planning Board approved an
extension to the 18 year old site plan for a an
additional 119 units. Ryan Homes and a land
development company who is purchasing the land to
prepare it for construction and then transferring the
land to Ryan went to the Planning Board on June 5th to
request two variances. The first variance request
was to put a sales trailer in the development, and the
second was to build three story units up to 36 feet
high. Lumberton's construction code only permits 2
stories and up to 35 feet. Several residents from
County Estates spoke out both for and against the
expansion for various reasons. All of them
reiterated a recurring problem with poor drainage and
flooding in the development. As part of the
variance request, the developer agreed to make changes
to the purchased lands to fix the drainage problems that
effects the existing, adjacent units. The new
units would be about 1,425 square feet and sell for
between $160,000 - $180,000.
Ultimately,
the Planning Board denied the variance requests by a 5-4
vote. Two reasons provided by Planning Board
members for rejecting the variance were (1) the
developer would not guarantee to architect the units the
same as the existing 18 year old units, and (2) the
increased burden that the units would place on the
townships schools and other government
services.
The
attorneys representing both Ryan Homes and the land
development company indicated that they would take the
township to court because the reasons given for
rejecting the request were not legitimate reasons under
New Jersey Law.
Cellular
Tower Controversy: In 1998, the Township
Committee passed a resolution permitting the lease of a
small plot of land behind the Municipal Center for the
construction of a cellular phone tower. On June
5th, Omnipoint Communications presented a plan for a 150
foot tower to be constructed on this site to the
Lumberton Planning Board. The township would be
paid approximately $1,500 per month and be allowed to
place both the township's and Burlington County's
emergency communications equipment on the tower.
The plan required no variances or other special
approvals.
The primary
concern of many of the members on the committee was any
potential adverse health effects from being around the
cellular tower. The site of the tower is within
several hundred feet of both the Bobby's Run development
and the new school. An expert witness from
Omnipoint testified that the peak output of the tower
would be 0.5 microwatts per square centimeter. The
maximum exposure level set by the Federal Communications
Commissions (FCC) is 1,000 microwatts per square
centimeter. The Planning Board's attorney advised
the board on several occasions that Federal Law clearly
states that local governments can not use public health
concerns as a reason for denying this type of
request. In these matters, the FCC is the
governing authority. Despite this, the board
denied the request by a 3-3 vote. A majority is
required for approval. Mayor Taylor, Ms. Gest and
Mr. Morton re-cused themselves.
After the
plan was rejected, Omnipoint's attorney reminded the
Planning Board of the FCC's Regulations and asked for a
reconsideration vote. The board's attorney spent
about 15 minutes parsing his words to basically say to
the Planning Board that the township has no legal
standing to deny this request and that the township
would almost certainly lose in court resulting in the
same outcome plus all the legal fees. The results
of the reconsideration vote was the same, and the plan
was denied.
Seat Belt Checks:
At
the May Township Committee meeting it was announced that the Lumberton
Police Department will begin enforcing the mandatory seatbelt law more
aggressively. Handing out tickets was specifically cited as one method of
enforcement. Under NJ Law, a
motorist can be pulled over for not wearing a seatbelt. The Police Officer
does not need any other justification for stopping the vehicle.
Lumberton E-News is
on the Web:
The new Lumberton E-News web site has copies of all the
back issues from this year. You will also
find a link to subscribe and a page
with links to other web sites in
Lumberton. Please visit the site, www.LumbertonENews.com,
and let me know if you have any suggestions on how to improve the site
and E-News service.
Thanks again for your support. Please continue to forward this newsletter to your neighbors and friends in town.
As always, please keep your suggestions and feedback coming.
Patrick Delany
Founder & Editor
Lumberton E-News
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