Land Use Board Meeting Minutes 2/27/19
FREDON TOWNSHIP LAND USE BOARD
February 27, 2019
MEMBERS PRESENT: Andrews, Boland, Boyle, Conklin, Erb, Holenstein, Passafaro, Prommel, and Richardson
MEMBERS ABSENT: Lazzaro, Rome, Smith and Wilcox
ALSO PRESENT: Mr. Lyn Aaroe, Esq., Mr. David Simmons, P.E.
Mr. Andrews called the meeting to order at 7:30 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. Andrews invited all present to participate in the salute to the flag.
Reappointed member, Mr. Conklin, and new member, Mr. Passafaro were sworn in at this time.
MINUTES
Mr. Richardson moved acceptance of the minutes for the January 30, 2019 meeting as posted and waived reading. Ms. Prommel second. Roll Call vote: In favor: Holenstein, Prommel, Richardson, Boyle, Erb, Boland, Andrews. Opposed: None. So moved.
CORRESPONDENCE
As shown on the attached agenda.
Mr. Andrews reviewed a letter from Mr. Schepis requesting that Paradise Energy/23 Players Boulevard Application #516-2018 be adjourned to the April 27, 2019 with notice preserved. Mr. Aaroe expressed concerns regarding this. He does not think it is reasonable to expect homeowners to follow the application when it is not done in consecutive months, adding that and this application has had several extensions since it was originally presented on September 17, 2018. Ms. Holenstein made a motion to extend the application to the next meeting with further notice. Ms. Prommel second. Roll Call vote: In favor: Holenstein, Prommel, Richardson, Boyle, Erb, Conklin, Passafaro, Boland and Andrews. Opposed: None. So moved.
RESOLUTIONS
Bennett Application #519-2018, Block 1601 Lots 5 and 6, “C” Variance
Ms. Prommel motioned to approve the Resolution for a “C” variance to install a solar array as decided upon by the board at the January 30, 2019 meeting. Ms. Holenstein second. Roll call vote: In favor: Holenstein, Prommel, Richardson, Boyle , Erb, Boland and Andrews. Opposed: None. So moved.
ADJOURNED CASES
Sharma Application #520-2018, Block 1901 Lot 4.03, “C” Variance
Mr. Michael Hanifan, Esq., Mr. Ralph Sharma, trustee of the property, and Mr. Owen Dykstra, came forward. Mr. Aaroe swore in Mr. Dykstra and confirmed that Mr. Sharma considers himself still under oath from the previous meeting.
Mr. Aaroe summarized the application stating that the lot is slightly undersized with no road frontage. The applicant is seeking to build a single family home. Access is provided, but the suitability of the access will be discussed based on a site inspection meeting that took place on February 11, 2019. The property needs to be accessible for emergency vehicles in all weather conditions.
Mr. Simmons stated that the site inspection included himself, Mr. Jason Dunn, Mr. Sharma, Mr. Rome, Mr. Richardson, representatives of the Fredon Fire Department, including Fire Chief DePalma, Mr. Sansone, Ms. Alviani, and the builder. Mr. Simmons and Mr. Dunn conducted a site inspection and checked the site distance at the intersection of the existing driveway and Hunts Pond Road, and based on the rural nature of the road, it appeared to be adequate.
The group walked along the existing driveway. According to Mr. Simmons, technically, if there are two homes or more, the driveway should be widened. As mentioned in his previous report, widening the driveway would require substantial “earthwork”. Dykstra Associates proposed an alternate plan to include the two pulloffs, which are visible to each other and are a minimum of 50 feet long and tapered on each end. The Board was in agreement that they were acceptable.
Mr. Sharma wants to construct a new driveway to approach the house from the front, but he also wants to keep the old shale driveway that exists. The Fire Department would also like to keep the existing shale driveway to provide an alternate access in case of emergency. In the same area, the topography has a low spot that Mr. Sansone has drainage concerns about. Mr. Simmons asked Mr. Sansone if he would be willing to grant an easement for a culvert under the driveway to address this issue. Mr. Sansone said that he would not. Mr. Simmons suggested to Mr. Dunn that when they do the grading for the pulloff, they could put a sump area to retain some of the water to minimize the amount of water going over the driveway. Mr. Dunn agreed.
The group continued to walk up the proposed driveway to the area of the proposed house, and then over to the northeast property line. The adjoining property owner has requested some trees be planted in that area to fill in the gaps. Landscaping was discussed to address the concerns. Another issue concerned an existing small cross stream at the southern corner of the lot. Mr. Sansone requested that they address drainage issues in that area. Trees have already been removed. It was confirmed that substantial landscaping will be done in this area to minimize this concern.
Mr. Dykstra handed out a proposed landscape drawing (Exhibit A-1). It shows that 14 spruce trees will be planted in the northeast part of the property to fill in that area to block the view. Mr. Simmons asked the size of the proposed trees. Mr. Dykstra said they should be 6 feet at planting.
Mr. Aaroe asked for more information from Mr. Dykstra on how the proposed drainage on the southern corner of the lot will be addressed so that it could be included in the resolution.
Mr. Andrews asked about the plans for reducing the run off in regards to the southern corner – whether it would be done just by planting or something further. Mr. Dykstra said the driveway will be breaking that watershed so it should be reduced but the run off will go into the proposed sump area that will be on Mr. Sharma’s side of the driveway. The proposed sump area will be done by grading, not concrete construction.
It was discussed that a pipe under the driveway would help reduce icing, but Mr. Sansone will not agree to it. Mr. Hanifan will draft a maintenance agreement,which will mention this, and send it to Mr. Aaroe and Mr. Simmons for review before sending it to Mr. Sansone for review.
Mr. Simmons stated that some trees need to be removed in the pulloff areas since there is less than14 foot vertical clearance to allow access for emergency and utility vehicles, as required by ordinance.
Mr. Andrews opened the meeting to the public. As there was no public present for comment, the meeting was closed to the public.
Ms. Prommel motioned to approve the application and grant the variances regarding the undersized lot and lack of road frontage as outlined by Mr. Aaroe. Ms. Holenstein second. Roll call vote: In favor: Holenstein, Prommel, Richardson, Boyle, Erb, Boland and Andrews. Opposed: None. So moved.
Mr. Aaroe requested that Mr. Hanifan forward a draft of the maintenance agreement to him.
HEARING OF NEW CASES
None
OTHER BUSINESS
Mr. Aaroe noted that there were no residents from Bear Brook Valley at the meeting tonight and asked if they had been notified that an extension had been requested. Mrs. Prommel said that she sent an email to the Homeowners Association informing them of the change.
Mr. Richardson asked Mr. Simmons about an advertised meeting of the DEP regarding surface water classification and wanted to know if the DEP is going to make any changes in what a category 1 stream is. Mr. Simmons said that he doesn’t have any information on that, but as an FYI, the DEP is scheduled to perform a DPW audit in Sparta regarding stormwater management.
Mr. Boland expressed concerns about the COAH report from Ms. Banyra. Mr. Aaroe agreed to contact Ms. Banyra to request the report.
LIAISON REPORTS
Environmental Committee
No meeting. No Report
Township Committee
Mr. Richardson discussed the replacement of the playground equipment, which has surpassed its life expectancy. He confirmed that Fredon Open Space money was used to purchase the equipment. He stated that the new fire truck has been received.
There being no further business before the Board, a motion was made to adjourn at 8:15 P.M. All in favor. So moved.
Respectfully submitted,
Patricia Carlson
Land Use Board Secretary