Land Use Board Meeting Minutes 9/17/18

FREDON TOWNSHIP LAND USE BOARD

September 17, 2018

MEMBERS PRESENT:         Andrews, Boland, Conklin, Erb, Lazzaro, Smith, and Wilcox

MEMBERS ABSENT:            Benes, Boyle, Holenstein, Prommel, Richardson, and Rome

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

Mr. Smith moved acceptance of the minutes for the August 20, 2018 meeting as posted and waived reading.  Ms. Wilcox  second.  Roll call vote: In favor: Lazzaro, Smith, Wilcox, Erb, and Andrews.  Opposed: None.  Abstain: Conklin, Boland. So moved.

CORRESPONDENCE

As shown on the attached agenda.

RESOLUTIONS

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

Ms. Wilcox motioned to approve the Resolution for Lot Line Adjustment and Bulk Variance as decided upon by the board at the August 20, 2018 meeting.  Mr. Smith second.  Roll call vote: In favor: Lazzaro, Smith, Wilcox, Erb, Andrews   Opposed: None.  Abstain: Conklin, Boland.  So moved.

ADJOURNED CASES

None

HEARING OF NEW CASES

23 Players Boulevard, LLC application #516-2018 Block 1802 Lot 8.02 “D” Variance

Mr. David Simmons informed the Board that he had previously worked with Mr. Perry Bonadies (owner of 23 Players Boulevard) in an effort to provide full disclosure. Mr. Aaroe and Mr. Simmons had discussed this previously, and Mr. Aaroe did not feel that it was a conflict of interest, or an appearance of a conflict of interest, but did agree that full disclosure was appropriate.

Ms. Wilcox removed herself from the Board at 7:45 PM as an adjoining property owner.

Mr. Schepis came forward with an overview of the project. He stated that Mr. Bonadies is proposing a solar array for his wedding and banquet facility to reduce his JCP&L electric bill which is approximately $70,000 per year. Paradise Energy will give a presentation on what they propose for the solar array for this facility.

Mr. Schepis discussed Fredon Ordinance 2016-07 in reference to the need for a variance for this project, as opposed to a site plan approval. Originally this application was identified as a “D” variance, but after Mr. Aaroe discussed it with Ms. Banyra, it was determined that this application should be a “C” variance. After a lengthy discussion regarding the pros and cons of moving forward as a “C” variance or a site plan, it was decided that the best option is to move forward as a “C” variance. All agreed.

Mr. Simmons reviewed his report dated September 12, 2018, for completeness. Mr. Simmons recommended approval of the proposed waivers with the exception of the Signage Plan, any necessary NJDEP permits, and any easements of right-of-way that may be in conflict with the proposed installation.  Mr. Simmons wanted assurance by the applicant that these issues are properly addressed.

Mr. Boland motioned to approve the waivers with the exception of signage, DEP permits, and easements as stated in Mr. Simmons report. Mr. Lazzaro second. Roll call vote: In favor: Lazzaro, Smith, Erb, Conklin, Boland, Andrews.   Opposed: None.    So moved.

Mr. Simmons determined the application to be complete with the conditions noted above. Mr. Boland made a motion for completeness.  Mr. Lazzaro second. Roll call vote: In favor: Lazzaro, Smith, Erb, Conklin, Boland, Andrews.  Opposed: None.  So moved.

The proposal is to build the solar array totaling 301.84 kW in two locations: the roof of the old golf cart building (66.99 kW), and the field array (234.85 kW) which will be located on one of the fairways adjacent to the parking lot. Paradise Energy proposed these two locations due to its central location to the banquet facility building and its distance from adjoining property owners in an attempt to minimize the visual impact on the adjoining property owners. 

Mr. Aaroe swore in Mr. Perry Bonadies, owner of 23 Players Boulevard, and Jose Pabon, Process Manager Paradise Energy Solutions. Mr. Bonadies identified the proposed solar array location on the survey (on the easel). He testified that the purpose of the solar array is to minimize his electric bill which is approximately $70,000 per year. He needs to keep the facility air conditioned not only during events, which are primarily on the weekends, but during the week for tours, tastings, walk-throughs, and other meetings and appointments related to the banquet facility. He is looking at solar as a clean, green energy source.

Mr. Simmons continued to review the technical part of his report.

 At this time, Mr. Aaroe swore in Bryce Naranjo, Project Manager Paradise Energy Solutions. It was decided to have the witnesses respond as the report is reviewed. Testimony was provided that fencing is not proposed because perimeter fencing is not required if a system is below 1000V, and the proposed system is designed to keep it under 600V. Additionally, the system is designed to follow the terrain of the ground, which is relatively flat, therefore, with the exception of the T box, the existing grade will be held. The roof mounted system will be flush mounted on both sides of the roof with a maximum extension of 4 – 5 inches from the roof.

 Regarding the emergency safeguards, it was stated that although there is no protocol for this at this time, the applicant confirmed that there will be a solar disconnect within 10 feet from the system. They agreed to number and label the ground mounted rows for easy identification in case of emergency, provide appropriate signage, and to provide training to the local fire department. 

A discussion regarding the inverters was held, a copy of the Inverter cut sheet from the manufacturer was requested and provided. Ms. Banyra requested the dimensions of the field for the ground mounted system, which were estimated to be approximately 300 feet by 100 feet. It was noted that the ground mount system is next to a walkway that is accessible to people in the area, and she questioned the need for fencing to keep people away. Mr. Naranjo testified that fencing is not necessary and that there is nothing that someone could touch that would hurt them. Any conductors will be guarded by a mesh, and they are also insulated and out of reach. Mr. Bonadies stated that the path by the proposed site for the panels is very rarely used, so no one is really walking that way. The nearby bridge, popular for pictures, doesn’t come near where the panels are proposed. Ms. Banyra had additional questions regarding the proposed ground mounted location and how it related to the parking lot, banquet facility, ceremony area, and surrounding properties.

 Mr. Bonadies stated that there were two houses that could see a little bit of the ground mounted array. He pointed out the two properties on the survey and said the location was selected to minimize visibility to surrounding properties. Mr. Pabon confirmed that no trees would be removed to install the ground mounted system. The applicant confirmed that all wiring would be underground. The applicant was requested to address the noise level at the property line and he stated that it would be silent at night since they are not producing electric, and during the day the volume at the inverter would be “the volume of your voice”, therefore at the property line there would be no discernable noise. The applicant provided catalog cuts to support that data.

A detailed discussion was held on the dimensions of the system and how the panels would be mounted and installed on the roof as well as the ground.  It was asked whether any additional support needs to be done to the building to support the roof mounted system, Mr. Naranjo stated it did not, but Mr. Pabon agreed to provide information to Mr. Simmons supporting that statement. Mr. Simmons, stated that he was provided a letter dated July 2, 2018 from James A. Koppenhaver, P.E. with regards to the Bear Brook Valley/23 Players Boulevard Structural Certification for Solar Energy System’s Rooftop Appurtenances. Ms. Banyra also requested that information on how the ground mounted system is secured to the ground to be provided the Mr. Simmons.  

Mr. Simmons confirmed that the applicant is responsible for providing assurances to the Board regarding any easements, restrictions, utilities, conservation easements, and NJDEP restrictions pertaining to this application. Mr. Schepis agreed that he will responsible for having this reviewed and to provide appropriate certifications.

Due to a family emergency, Ms. Banyra left the meeting at 9 pm. She will have her report for the next meeting after she visits the site.

The Chairman opened the meeting for questions from the Board.

Mr. Conklin asked where the pictures were taken from, and would like to see what it would look like in the winter.

Mr. Boland would like to see a rendering of what the solar array will look like and how it will be positioned. He asked about screening. Mr. Naranjo confirmed screening is possible as long as it doesn’t cast a shadow.

Mr. Schepis stated that only two houses have a line of site and further analysis needs to be done regarding visibility in winter and possible screening.

A discussion was held regarding the reflective characteristics of the panels. Mr. Lazzaro asked, and it was confirmed, that the panels are facing Players Boulevard, not the houses.

The Chairman opened the meeting to the public.

Mr. Aaroe noted that most people present are concerned about visibility and stated that the applicant be coming back with more specifics at the next meeting.

Mr. Jeffrey C. Fletcher, 15 Seminole Court, voiced concerns if the applicant follows the contour of the land and suggested the applicant minimize visibility when following existing contours. He also asked who is paying for the solar project, to which Mr. Bonadies replied that he is paying. He inquired if there are covenants and restrictions on the rest of the property where it could only be zoned for recreation/horses. Additionally, he asked if the piece of land involved in the proposed ground mounted array is large, so will this violate the zoning agreement if this area is removed from “open space”. Mr. Schepis will investigate to determine if this is an issue.

Mr. Craig Hutcheson, 4 Pine Valley Road, came forward and stated that he lives in one of the two houses identified as having a view of the array, and his concerns include property value issues, site line views, possible screening, and glare from the panels. He feels that additional houses will be able to see this in the winter and hopes the applicant will consider keeping the integrity of the site with natural block/vegetation instead of screening.

Mr. Peter De Vita, 10 Pine Valley Road, voiced concerns regarding visibility to homeowners. He also asked about alternatives to drilling due to potential issues with solid rock and shale. Mr. Naranjo responded that concrete or auger drillers would be used.

Ms. Diana Wilcox, 16 Pine Valley Road, asked about the construction timeline. Mr. Naranjo said it would take about 4 weeks, working Monday through Friday from 9 am to 6 pm. She had questions regarding vehicle access when servicing the array. Mr. Simmons confirmed the applicant needs to address this issue.

Mr. Aaron Copeman, 3 Spyglass Hill, asked about any future plans for the facility. Mr. Bonadies testified that he might clean up the buildings, but is not planning on building another structure. Mr. Copeman also asked about the noise levels.

Mr. John Pasquali, 20 Fredonia Road, had a question about the inverters and the estimated return on investment of this project. Mr. Bonadies stated that it was 3 – 4 years.

Ms. Diana Wilcox, 16 Pine Valley Road, asked how this will affect real estate values. Mr. Schepis stated that real estate values are speculative, and as long as site visibility and noise issues are addressed it shouldn’t adversely affect it.

Mr. Jeffrey Fletcher, 15 Seminole Court, questioned the noise level.

The Chairman closed the public portion of the meeting and stated that all will have opportunity for more questions and comments at a future meeting.

Due to public concerns, the applicant is requested to get a sound engineer to provide more detailed testimony on this issue.

Mr. Schepis asked that this application be carried to November 19, 2018 at 7:30 pm without further notice. Agreed.

Ms. Wilcox rejoined the Board at 9:50 pm.

Southway/Stonehedge Growers, LLC Application #517-2018 Block 1801 Lot 8 “D” Variance

Mr. Schepis, Esq. is staying to represent the applicant, Mr. Peter Southway. Mr. Pabon and Mr. Naranjo are staying as representatives of Paradise Energy.

Mr. Aaroe clarified the record that this is a “C” variance, not a “D” variance. Mr. Schepis agreed.

Mr. Southway came forward and stated that he is seeking to install a solar panel array (25.74 kW) for his farm use. The proposed location is not readily visible to other properties and the power generated will be used exclusively for farm operations on site.

Mr. Aaroe confirmed that Mr. Pabon and Mr. Naranjo considered themselves still under oath. He swore in Mr. Peter Southway.

Mr. Schepis stated that Stonehedge Growers is a commercial greenhouse operation. The proposed solar application will generate power to energize the greenhouse on an annual basis.

Mr. Simmons reviewed his report dated September 12, 2018 for completeness. Mr. Southway provided testimony that they don’t need farmland assessment approval and has documents to confirm this.

Mr. Boland made a motion to grant waivers except signage, as noted by Mr. Simmons. Mr. Lazzaro second. Roll call vote: In favor: Lazzaro, Smith, Wilcox, Erb, Conklin, Boland, Andrews.  Opposed: None.  So moved.

Mr. Boland made a motion for completeness with the exception of signage. Mr. Lazzaro second. Roll call vote: In favor: Lazzaro, Smith, Wilcox, Erb, Conklin, Boland, Andrews   Opposed: none.  So moved.

Mr. Simmons continued to review the technical part of his report. Issues on fencing, installation, signage, training for emergency personnel and noise levels were discussed and addressed.

Mr. Southway will provide documentation to the Board regarding the Farmland Preservation Easement.

Paradise Energy was requested to provide documentation from the manufacturer regarding noise levels produced by the proposed equipment.  Catalog cuts were provided and labeled A-1.

Mr. Southway stated that the location was chosen due to the soft location for installation, facing south, and is right across the parking lot from the greenhouse. The closest houses belong to the applicant and the second closest belongs to his business partner.

Mr. Aaroe told the applicant it was necessary to send an application to the Sussex County Planning Board, but since it is not on a county road, they will probably send back a “no interest” letter.

Mr. Simmons concluded his report and the Chairman asked if there were any questions from the Board, In the absence of Ms. Eileen Banyra, Mr. Andrews read her report dated September 17, 2018.

The Chairman opened the meeting to the public. No comment. The meeting was closed to the public.

Mr. Lazzaro made a motion to approve the application subject to compliance with Mr. Simmons report and follow-through on what counsel and Mr. Southway have represented they would provide to the Board. Mr. Boland second.  Roll call vote: In favor: Lazzaro, Smith, Wilcox, Erb, Conklin, Boland, Andrews   Opposed: none.  So moved.

Ms. Wilcox 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. Lazzaro second. Roll call vote: In favor: Lazzaro, Smith, Wilcox, Erb, Conklin, Boland, Andrews.  Opposed: None.  So moved.

The Chairman decided to table the rest of the agenda to the next meeting due to the lateness of the hour. A motion was made to adjourn at 10:29 PM. All in favor.  So moved.

Respectfully submitted,

Patricia Carlson

Land Use Board Secretary