Land Use Board Meeting Minutes 5/20/19

FREDON TOWNSHIP LAND USE BOARD

May 20, 2019

MEMBERS PRESENT:         Andrews, Boland, Boyle, Erb, Holenstein, Lazzaro, Passafaro, Prommel, and Wilcox

MEMBERS ABSENT:            Conklin, Richardson, Rome, and Smith

ALSO PRESENT:                  Mr. Lyn Aaroe, Esq.                                                

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.

Prior to the meeting, Ms. Diana Wilcox and Mr. Michael Passafaro affirmed that they listened to the recording of the April 15, 2019 meeting, making them eligible to vote at this meeting.

Mr. Andrews invited all present to participate in the salute to the flag.

MINUTES

Ms. Prommel moved acceptance of the minutes for the April 15, 2019 meeting as posted and waived reading.  Mr. Boland second.  Roll Call vote: In favor: Holenstein, Lazzaro, Prommel, Wilcox,  Boyle, Erb, Passafaro, Boland, and Andrews. Opposed: None.  So moved.

CORRESPONDENCE

As shown on the attached agenda.

Mr. Andrews read a letter from the Laukaitis Family expressing their appreciation to the staff of Fredon Township during their recent variance application process.

RESOLUTIONS

None

ADJOURNED CASES

Metzgar Application #522-2019, Block 1903 Lot 2.03, “C” Variance

Mr. Metzgar is seeking to build a shed and needs a variance due to the setback requirements for the proposed location. Mr. Metzgar came forward and Mr. Aaroe confirmed that Mr. Metzgar considers himself still under oath. Prior to the meeting, Mr. Metzgar provided additional information, including photos and a revised drawing, requested by the Board at the last meeting. A discussion was held based on this new information. A motion was made by Mr. Lazzaro to find the application complete. Ms. Holenstein second. Roll Call vote: In favor: Holenstein, Lazzaro, Prommel, Wilcox, Boyle, Erb, Passafaro, Boland, and Andrews. Opposed: None. So moved.

The review of the application continued. Mr. Passafaro asked why the proposed shed couldn’t be moved further from the property line. Mr. Metzgar stated that it will actually be moved further away from the property line, but it would still not meet the setback requirements. Mr. Metzgar stated that if he moves it too far away from the property line then he will lose the sitting area by the pool. Mr. Boland asked Mr. Metzgar if he would like to add a variance for the pool being in the front yard since he was already before the Board and it would not add any cost or time to the process. Mr. Metzgar indicated that the pool was already grandfathered in, therefore it was already in compliance and did not want to pursue any additional variances at this time.

Mr. Aaroe questioned whether the shed conformed to the 300 feet riparian buffer in regard to the property line. Mr. Metzgar stated that the property line in the front of the house might be in the riparian buffer, but that the proposed shed and the pool were not.

Mr. Boland made a motion to approve the accessory structure as proposed. Mr. Lazzaro second. Roll Call vote. In favor: Holenstein, Lazzaro, Prommel, Wilcox, Boyle, Erb, Passafaro, Boland, and Andrews. Opposed: None. So moved.

HEARING OF NEW CASES

None

OTHER BUSINESS

Solar Ordinance

The board confirmed that the goal is to amend, not re-create, the current solar ordinance to reduce the need for variances. Details regarding different size limits for roof mounted and ground mounted were discussed. Also, residential and commercial requirements will be treated differently. It was noted that screening is an important aspect of any solar array. Mr. Aaroe will prepare a draft ordinance to be distributed to the Board for further review.

ECHO Housing

The board continued the discussion from last month. Mr. Boland stated that although ECHO housing is a small structure, there are many issues to consider including septics and utilities.  Ms. Wilcox suggested reaching out to communities that have built these to see how they addressed the many issues. The discussion included the  possibility of  writing and adopting  the ordinance and let the property owner determine how they will meet all of the criteria/requirements such as utilities and setbacks. It was agreed that it would need to be monitored closely to prevent abuse. It was decided that Mr. Aaroe will draft an ordinance on ECHO housing to be distributed to the board members for further review. All agreed that ECHO housing is a good idea, but that the details are very important to ensure compliance.

LIAISON REPORTS

Township Committee

No report due to the absence of township committee members.

Environmental Committee

No meeting. No Report

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