Land Use Board Meeting Minutes 8/20/18

FREDON TOWNSHIP LAND USE BOARD

August 20, 2018

MEMBERS PRESENT:         Andrews, Benes, Boyle, Erb, Holenstein, Lazzaro, Prommel, Richardson, Rome, Smith, and Wilcox

MEMBERS ABSENT:            Boland, Conklin

ALSO PRESENT:                  Mr. Lyn Aaroe, Esq., Ms. Eileen Banyra, P.P., 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.

MINUTES

Ms. Prommel moved acceptance of the minutes for the July 16, 2018 meeting as posted and waived reading.  Mr. Smith  second.  Roll call vote: In favor: Lazzaro, Prommel, Rome, Smith, Boyle, Erb, Benes, and Andrews.  Opposed: None.  So moved.

CORRESPONDENCE

As shown on the attached agenda.

RESOLUTIONS

None

The Chairman amended the order of the agenda while waiting for the applicant to arrive.

LIAISON REPORTS

Township Committee

Mr. Smith reported that the new website for the Township is up and running and has received favorable feedback from residents. Residents will soon be able to pay their taxes with a credit card. Mr. Smith is working with the Red Cross and the Fredon Fire Department to coordinate setting up a workshop for the elderly in developing a readiness plan for emergency situations.  JCP&L is looking into a resolution for a reliability program they are developing,  which will include more aggressive tree trimming and replacing substation equipment and devices. Elizabethtown Gas has been questioned about expanding their gas line in Fredon. At this point there does not seem to be enough return on their investment for them to proceed. The Township Committee is looking into whether the School Board elections should be moved back to April to allow for residents to vote on the school budget. Also, Fredon will need to hire a new CFO due to the retirement of the current CFO, Patrick Bailey.

Upon completion of the Township Committee report, the Chairman resumed the normal order of the agenda.

ADJOURNED CASES

Huff Application #514-2018 Block 1603 Lot 3.03 Variance and Lot Line Adjustment Application

The applicant, Mr. William Huff and his attorney, Mr. William Haggerty, came forward and the oath was administered by Mr. Lyn Aaroe, Esq.  Mr. Aaroe asked Mr. Huff to describe the project. The applicant seeks approval to permit minor subdivision (lot line adjustment) to convey property from Block 1603, Lot 3.09 and annex that property to adjacent property known as Block 1603, Lot 3.03. Each property is improved with a single family home. Each property is currently undersized. Variances will be needed for minimum lot area for both lots and minimum front yard and side yard for Block 1603, Lot 3.09 (preexisting). A variance is also needed due to the proposed garage being in the front yard. The applicant is proposing to construct a detached garage on a portion of the property to be subdivided from adjacent Lot 3.09 and annexed to the applicant’s property. The lot line adjustment would not affect existing wells or septics or ingress or egress to either property. Mr. Huff testified that the planned 2 ½ car garage will be used to store personal cars and will not be used for human occupation. The outside of the garage will match the house, and the height of the garage will conform to code requirements. The proposed garage will have a concrete floor, electric, but no plumbing. He also stated that in the future he might install a wood stove for heat.

Mr. David Simmons, the township engineer, reviewed his report dated July 9, 2018.

Ms. Eileen Banyra, the township planner, stated that there is no planning report since there were no planning issues that needed to be addressed with this application.

Mr. Andrews opened the meeting to the public.  There was no comment. A motion was made by Mr. Lazzaro to close the public portion of the meeting. Mrs. Prommel second. All in favor. So moved.

A motion was made by Mr. Lazzaro to approve the granting of 2 variances and lot line adjustment subject to county approval.  Mr. Richardson second. Roll call vote: In favor: Holenstein, Lazzaro, Prommel, Richardson, Rome, Smith, Wilcox, Boyle, and Andrews. Opposed: None. So moved.

HEARING OF NEW CASES

Maio Application #515-2018 Block 104 Lot 10.02 Minor Site Plan “C” Variance, and “D” Variance

This application was being heard for completeness only. Mr. Todd Hooker, Esq., attorney for the applicant, came forward to describe the project. The applicant is proposing to build a pole barn on the property to store commercial vehicles. The proposed lot is in the R-6 – Residential Zone. Commercial vehicles are not allowed in the R-6 Zone.

Mr. Simmons, reviewed his report dated August 15, 2018.  The applicant owns 2 adjoining properties which have interconnecting driveways. Mr. Aaroe suggested that notice should be given to property owners within 200 feet of both lots to avoid any possible issues in the future due to the interconnecting driveways.  The lot in the application is undersized and it was asked if the applicant planned to merge the two lots into one large lot. Mr. Hooker stated that at this point the intent is to keep them separate. Ms. Banyra identified some planning issues from her report that will need to be addressed at a later date.

A motion was made by Mrs. Prommel to find the application incomplete. Ms. Wilcox second. Roll call vote: In favor: Holenstein, Lazzaro, Prommel, Rome, Wilcox, Boyle, and Andrews. Opposed: None. So moved.

Mr. Hooker questioned why the application was considered incomplete. Ms. Banyra stated that is was not based on her comments, which were meant to let the applicant know the types of questions she would be asking in the future. Mr. Simmons reiterated some of the reasons for incompleteness which included: soil logs, septic, floor plan and elevation drawings, well reports, environmental impact statement, hours of operation and materials to be used on-site, and disposal container locations.

OTHER BUSINESS

Review of Escrow Fees – A discussion was held regarding the current escrow fees.  Applicants should have a better idea of what it will cost so that the final bill is not as much of a surprise. Ms. Wilcox made a  motion to recommend increases to the escrow fees as follows: “C” Variance - $2000, “D” Variance - $5000.  Mrs. Prommel second. Roll call vote: In favor: Andrews, Holenstein, Prommel, Richardson, Rome, Wilcox, Boyle. Opposed: None. Abstain: Lazzaro, Smith. So moved. A memo will be sent to the Township Committee for their consideration of the proposed increases.

Mr. Rome asked about the status of the landscaping/screening on the Lake Solar project as discussed at a previous meeting. A letter was sent to the applicant requesting compliance with their testimony, but it has not been completed. It was stated that if the screening was not in the resolution then it is not enforceable, even if the applicant testified that it would be done. Mr. Aaroe suggested that if the resolution stated that all construction and use be in accordance with the approved plans and testimony than it doesn’t have to be more specific than that to make it enforceable. It was requested that the resolution be checked for that type of wording.

LIAISON REPORTS

Environmental Committee

No meeting. No Report

There being no further business before the Board, a motion was made to adjourn at 8:44 P. M.  All in favor.  So moved.

Respectfully submitted,

Patricia Carlson

Land Use Board Secretary