Land Use Board Meeting Minutes 01/30/19
FREDON TOWNSHIP LAND USE BOARD
January 30, 2019
MEMBERS PRESENT: Andrews, Boland, Boyle, Erb, Holenstein, Rome, Prommel, Richardson, and Smith
MEMBERS ABSENT: Conklin, Lazzaro, and Wilcox
ALSO PRESENT: Mr. Lyn Aaroe, Esq., Mr. David Simmons, P.E.
Mr. Aaroe, acting as chairman pro-tem, called the meeting to order at 7:37 P. M. with the statement that this meeting is in compliance with the Open Public Meetings Act, Public Law 1975, Chapter 231, Sections 4 and 13, as advertised by Annual Notice. If the applicant is a partnership or corporation, an attorney must represent it. No new applications will be heard after 10:00 P. M. No new testimony will be heard after 11:00 P. M.
Mr. Aaroe invited all present to participate in the salute to the flag.
Reappointed members, Mr. Boyle, Mrs. Prommel, Mr. Richardson, and Mr. Smith were sworn in at this time.
Mr. Aaroe, acting as Chair Pro Tem opened the floor for nominations for Chairman of the Land Use Board for the year 2019. Ms. Prommel nominated Mr. Andrews. Mr. Smith second. A motion for nominations to be closed was made by Mr. Rome. Ms. Prommel second. Roll call vote: In favor Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, and Andrews. Opposed, none. So moved.
Mr. Boland arrived at 7:40 pm.
Chairman Andrews opened nominations for Vice Chairman. Ms. Prommel nominated Mr. Boland. Mr. Smith second. A motion for nominations to be closed was made by Mr. Rome. Ms. Holenstein second. Roll call vote: In favor Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed, none. So moved.
Chairman Andrews called for nominations for Land Use Board Attorney. Mr. Richardson nominated Mr. Lyn Aaroe. Mr. Smith second. A motion for nominations to be closed was made by Mr. Richardson. Mr. Smith second. Roll call vote: In favor Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed, none. So moved.
Chairman Andrews called for nominations for Land Use Board Engineer. Mrs. Prommel nominated Mr. David Simmons of Harold E. Pellow & Associates. Mr. Smith second. A motion for nominations to be closed was made by Mr. Richardson. Mr. Boland second. Roll call vote: In favor Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed, none. So moved.
Chairman Andrews opened nominations for Planner. Mr. Richardson nominated Ms. Eileen Banyra. Mrs. Prommel second. A motion for nominations to be closed was made by Mr. Rome. Mr. Smith second. Roll call vote: In favor Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed, none. So moved.
Chairman Andrews called for nominations for Secretary. Mrs. Prommel nominated Patricia Carlson. Mr. Richardson second. A motion for nominations to be closed was made by Mr. Smith. Mr. Richardson second. Roll call vote: In favor Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed, none. So moved.
Mr. Smith made a motion to approve the scheduled meeting dates as presented. Mrs. Prommel made a motion to change the January date to January 29, 2020. Ms. Holenstein second. Roll call vote: In favor Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews.. Opposed, none. So moved.
Mr. Smith moved to approve the Official Newspapers and Legal Newspapers, The New Jersey Herald and the Sunday New Jersey Herald. Mr. Richardson second. Roll call vote: In favor Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed, none. So moved.
Chairman Andrews asked for volunteers to serve on the Land Use Board Review Committee. Mr. Boland, Mr. Boyle, and Mr. Rome volunteered. Mr. Andrews also appointed Mr. Conklin. Roll call vote: In favor Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed, none. So moved.
Chairman Andrews opened nominations for Environmental Commission Liaison. Mr. Andrews nominated Mr. Chris Boyle. All in favor. So moved.
MINUTES
Mr. Boland moved acceptance of the minutes for the November 19, 2018 meeting as posted and waived reading. Ms. Prommel second. All in favor. So moved.
CORRESPONDENCE
As shown on the attached agenda.
Mr. Andrews announced that Paradise Energy/23 Players Boulevard Application #516-2018, at the request of the applicant, will be moved to the next meeting, Wednesday, February 27, 2019 without further notice.
RESOLUTIONS
Schaberg Application #518-2018 Block 1401 Lots 1.06 and 1.09 Lot Line Adjustment
Mr. Boland motioned to approve the Resolution for Lot Line Adjustment as decided upon by the board at the November 19, 2018 meeting. Mrs. Prommel second. Roll call vote: In favor: Prommel, Richardson, Smith, Boyle and Boland Opposed: None. So moved.
ADJOURNED CASES
None
HEARING OF NEW CASES
Bennett Application #519-2018, Block 1601 Lots 5 and 6, “C” Variance
Mr. Bennett came forward and stated that he is seeking to install a solar panel array (25.74 kW). Mr. Aaroe swore in Mr. Bennett. Mr. Bennett requested an interpretation of solar ordinance, but Mr. Aaroe stated that a request for interpretation must be applied for prior to the meeting. After an informal discussion regarding the wording of the ordinance in reference to 15kw or the lesser of 110% of electric usage over a 3 year period, it was agreed to proceed with the variance application.
Mr. Simmons reviewed his report dated January 7, 2019 for completeness. Mr. Simmons noted that his report was done before additional information was provided by Mr. Bennett in a written response dated January 18, 2019, to the items mentioned in his report. Mr. Aaroe complimented Mr. Bennett for his response to the engineers report.
Mrs. Prommel made a motion for completeness. Mr. Richardson second. Mr. Smith asked if trees would be planted for screening. Mr. Bennett confirmed that he plans to plant trees. Roll call vote: In favor: Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed: none. So moved.
Mr. Simmons continued to review his report.
Mr. Andrews opened the meeting to the Public. No comments. Meeting was closed to the Public.
Mr. Richardson made a motion to approve the application subject to latitude of spacing between the panels (between 8 and 10 feet) and conditions regarding screening. Mr. Boland second. Roll call vote: In favor: Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed: none. So moved.
Ms. Holenstein made a motion to authorize the LUB secretary to communicate with the Zoning Officer/Building Department that the Board takes no exception to issuing a permit prior to the Resolution. Mr. Richardson second. Roll call vote: In favor: Holenstein, Prommel, Richardson, Rome, Smith, Boyle, Erb, Boland and Andrews. Opposed: None. So moved.
Sharma Application #520-2018, Block 1901 Lot 4.03, “C” Variance
Mr. Michael Hanifan, Esq., Mr. Ralph Sharma, trustee of the property, and Mr. Jason Dunn, Planner, came forward to present the application. Mr. Aaroe swore in Mr. Sharma and Mr. Dunn. Mr. Hanifan stated that Mr. Sharma bought the property in 1992 to build his dream home, at that time the zoning was less than the current 14 acres zoning. Mr. Sharma is planning to build a single family home on the property. Mr. Dunn stated the reasons for the variances are because the property is undersized (11.2 acres), as well as not having road frontage. The property is currently accessed by an existing shared driveway with Mr. Sansone. The original deed included a 50 feet right of way and a maintenance agreement regarding the shared driveway.
Mr. Hanifan indicated that he sent letters on behalf of Mr. Sharma to adjoining property owners requesting to purchase part of their property in an effort to increase the size of his property to bring it into compliance. These requests were denied. His original letter was introduced as evidence. Mr. Aaroe asked if there was on offer made to sell his property to his neighbors. Mr. Hanifan stated that he did not offer to sell Mr. Sharma’s property to his neighbors.
Mr. Simmons reviewed his report dated December 11, 2018, but noted that it was written before the revised map and additional information was provided.
A discussion regarding the design of the proposed driveway was held. Issues of concern include the width of the driveway, access for emergency vehicles (2 turnouts are proposed), water drainage, and site distance evaluation.
Mr. Simmons referred to Ms. Arlene Fisher’s (Zoning and Code Enforcement Official) letter dated January 24, 2019, and said a variance may be needed due to land disturbance. In response to her letter, Mr. Dunn submitted into evidence a map of the property (A-1) to show that a variance is not required due to the large size of the lot. Some lot clearing had been started, and although a land disturbance permit is not always required, Mr. Aaroe indicated that since an application was submitted, a land disturbance permit would be required before additional land clearing resumes.
In an effort to address the driveway issues, Mr. Aaroe suggested that emergency service providers perform a site inspection to get recommendations from them. Mr. Simmons and Mr. Dunn will conduct a site inspection and check the site distance. Mr. Richardson and Mr. Rome will coordinate an inspection with the Fredon Fire Department. They will try to schedule it so they can all go together.
Mr. Aaroe stated the need for a maintenance agreement for the shared driveway. Mr. Hanifan agreed and expects cooperation with all parties regarding the maintenance agreement.
Mr. Dunn concluded his presentation stating that the variance for the undersized lot would not have a negative impact on the town, as he believes it was always meant to be built on.
At this time Mr. Aaroe stated that since the application requires them to come back before the Board, he would like to hear from the neighbors that are in attendance.
The Chairman opened the meeting to the public.
Mr. Tom Sansone, 147 Hunts Pond Road, came forward. He is the neighbor who owns the existing driveway. He is concerned about blasting, removal of trees creating water run off issues, and its proximity to wetlands. He stated that a gravel driveway is already there that approaches the back of the proposed house.
Ms. Jen Alviani, 133 Hunts Pond Road, stated that there were trees that provided natural buffers and they are all gone. She provided pictures from before and after the tree removal. The pictures were entered into evidence (O-1, O-2).
Mr. Gerald Hanifan, 143 Hunts Pond Road, stated that he has lived there since 1972. He feels the problem may be going in and out of the road, and that the plan for the driveway should be maintained. He would be happy to welcome the Sharmas as new neighbors.
Mr. Sharma confirmed that he will incorporate new trees strategically planted so there won’t be a direct line of site for the neighbors.
Ms. Alviani stated her concern is about the timing, since landscaping is always done last.
Mr. Sharma agreed to landscape his house and her house at the same time.
Ms. Erb asked about the utilities. Mr. Sharma stated that there are several poles on the shared driveway and they plan to run them underground from the last pole, just as Mr. Sansone does.
The Chairman closed the public portion of the meeting.
Mr. Aaroe noted that he doesn’t feel there any “fatal” concerns from the neighbors. There are several open issues: site inspections with the fire department, site distance for Emergency vehicles, and storm drainage.
Mr. Sansone’s drainage issues will be observed/addressed during the on-site visit. Mr. Smith asked if this property slopes into Mr. Sansone’s property. Mr. Sansone said yes, and he is concerned about flooding of the driveway.
The decision was made to carry the application to the next meeting on February 27, 2019 without further notice.
OTHER BUSINESS
LIAISON REPORTS
Environmental Committee
No meeting. No Report
Township Committee
Mr. Smith reported that he is very disappointed that the Fredon Board of Education overturned the Township Committee ordinance to move the Fredon School Board Elections back to April. The Fredon Board of Education moved the elections back to November.
There being no further business before the Board, a motion was made to adjourn at 9:50 P. M. All in favor. So moved.
Respectfully submitted,
Patricia Carlson
Land Use Board Secretary