Land Use Board Meeting Minutes August 17, 2020
FREDON TOWNSHIP LAND USE BOARD
August 17, 2020
MEMBERS PRESENT: Andrews, Boland, Boyle, Conklin, Erb, Prommel, Rome, and Wilcox
MEMBERS ABSENT: Holenstein, Lazzaro, Passafaro and Richardson
ALSO PRESENT: Mr. David Brady, Esq., Mr. David Simmons, P.E.
Mr. Boland 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. Boland invited all present to participate in the salute to the flag.
MINUTES
Mr. Boyle moved acceptance of the minutes for the June 15, 2020 meeting as posted and waived reading. Mr. Rome second. Roll call vote: In favor: Boyle, Rome, Wilcox, Andrews, and Boland. Opposed: None. So moved.
CORRESPONDENCE
As shown on the attached agenda.
RESOLUTIONS
Breece Application #527-2020, Block 1601, Lot 9.01, “C” Variance
Mr. Andrews motioned to approve the Resolution for a “C” Variance to build a pool in the front yard as decided by the board at the June 15, 2020 meeting. Mr. Boyle second. Roll call vote: In favor: Boyle, Wilcox, Conklin, Andrews, and Boland. Opposed: None. So moved.
ADJOURNED CASES
None
HEARING OF NEW CASES
Occhifinto Application #525-2019, Block 2002, Lot 4, “D” Variance
Ms. Megan Ward, attorney for the applicant, came forward and gave a brief introduction and overview of the project. Mr. Occhifinto is requesting a Use Variance for his aquaculture business. Ms. Ward gave an overview of the history of the property and the variance and site plan approvals previously documented and approved. Ms. Ward discussed an existing apartment on the second floor of the building that they originally thought had been included in the 2002/2003 approval for the Soy Bean paste resolution. They would like to keep this apartment for employees to live on-site. They are also seeking a site plan waiver because no changes to the exterior of the building are proposed. She referenced the report from Mr. David Simmons dated 12/9/19 as well as the response from Mr. A. Campbell, planner and engineer for the applicant, dated 12/30/19. Mr. Robert Occhifinto, applicant, and Mr. Allen Campbell came forward and were sworn in by Mr. David Brady.
Mr. Simmons reviewed his report dated 12/9/19 for completeness. Proof of notice to both property owners and newspaper publication was confirmed by Mr. Brady. Mr. Simmons recommended the Board find the application complete based on the response to his report from Mr. Campbell dated 12/30/19.
Ms. Prommel made a motion to find the application complete as recommended by Mr. Simmons. Mr. Andrews second. Roll Call vote: In favor: Boyle, Prommel, Rome, Wilcox, Erb, Conklin, Andrews, and Boland. Opposed: None. So moved.
Mr. Robert Occhifinto came forward to provide an overview of the aquaculture operation he is proposing at this site. He testified that he has other aquaculture facilities in the county. He is planning on using the location in Fredon to breed fish and then transport them to Green Township. There will be no processing of fish on site. Small box trucks or vans will be used to transport the live fish to Green. The operation will be 24 hours a day, 7 days a week. A maximum of 4 employees will be on site at any one time. He would like to keep the existing 2 bedroom apartment to have an employee live on site in case of emergencies (if something goes down, everything could die). There will be no fish waste issues. Any waste is turned into a solid and then is carted out by a licensed hauler. He testified that there is very little water required for the operation, except for the initial filling of the tanks, because the water is 100 % recirculated. There are no chemicals used in the process, therefore there will be no chemicals stored on site. Bleach will be used for cleaning purposes.
Mr. Allen Campbell came forward. He testified that the property has had several variances approved through the years. Exhibit 1 provided – “Plot Plan for Variance for Robert Occhifinto” dated November 2019. The proposal is to renovate the inside of the building to allow for fish breeding. This will include minimal office space, storage, and fish tanks. The existing 2 bedroom apartment would be an asset to the business. There will be no changes to the outside of the building with the exception of clean up and new lighting fixtures (a new roof has already been installed). Mr. Campbell confirmed that truck traffic is minimal (similar to the soy bean paste operation), septic issues are not anticipated since there is minimal water usage. Noise and odor should not be a problem since the equipment is all inside the building. The limited site plan approved in 2002/2003 provided designated parking on gravel and lined parking near the office area – no changes to this are proposed. He stated that the rationale for the approval in 2003 still applies to this application. He confirmed that all storage of equipment and materials will be stored inside of the building. The issue of the existing gravel driveway and the right of way was discussed (this was an issue with all previous applications). The applicant confirmed that if it becomes an issue with the State of NJ, then he would come back before the Board to address it. He also confirmed that he already has other entrances in place that could be used.
Mr. Campbell reviewed the architectural plans which included the details of the floor plan and the 2nd story apartment. Mr. Simmons asked if the ventilation system would need to be updated and Mr. Occhifinto stated that the current ventilation system is good for this type of operation. Mr. Occhifinto stated that a small emergency backup generator with an auto transfer switch will be installed. The generator will be outside the building and will be installed according to all applicable codes.
Mr. Boland opened it up to questions from the Board. Mr. Prommel stated that to her knowledge, the second floor apartment was never approved (Ms. Ward confirmed that they never found any evidence of approval), and she has concerns about emergency egress and ingress. Mr. Occhifinto testified that there are two exits right now – one from inside the building and one from outside the building. Mr. Simmons stated that the construction official would need to review it. Mr. Brady stated that if approval is granted, a condition can be added that the apartment needs to be inspected and the appropriate certificates of occupancy need to be issued – since it was never previously approved.
Ms. Prommel asked if the residents of the apartment would be full-time employees. Mr. Occhifinto stated that he hasn’t hired employees yet. It could be a family, or two college students, but he confirmed that it would be a minimal number of people. It will only be used for people involved in the operation, and he will not rent to a 3rd party.
Ms. Prommel requested that the truck traffic on the town roads be minimized due to the wear and tear created by trucks, and if they could use County roads as an alternate. Mr. Occhifinto stated that traffic on a regular basis would consist of regular passenger cars. Trucks would be used infrequently to transfer the fish to Green.
Mr. Andrews asked about the transfer process. Mr. Occhifinto stated that the fish are transferred in tanks about the size of the table in the meeting room. The tanks are mounted on the back of a small pickup truck and in an effort to provide the smoothest ride, county roads would be used.
Mr. Boland asked is there was any additional testimony. Ms. Ward came forward and provided a summary on Zoning and Planning. Positive and negative criteria from a planning perspective were discussed. Most of the discussion centered around the previous approvals for the property and that since no changes are proposed for the outside of the building, Mr. Campbell feels the criteria for approval still applies. Ms. Ward stated that previous applications before the Board determined the positive and negative criteria to be acceptable to grant approvals.
Mr. Boland asked if there were any additional questions from the Board. He opened the meeting to the Public. No one was present so the meeting was closed to the Public.
Mr. Brady highlighted the following conditions, if approved.
-If the applicant loses use of the DEP parking lot, they will have to come back before the Board.
-Details of the lighting changes will be provided.
-The existing apartment will need CO compliance, occupied by two people who are part of the operation, and it will not be rented out to a 3rd party.
-An “As Built” plan is required.
Mr. Brady stated that regarding the current “illegal” apartment, the Land Use Board is approving the apartment as part of the application from a zoning perspective only.
Mr. Andrews made a motion to approve the application based on the criteria discussed. Ms. Wilcox second. Roll Call vote: In favor: Boyle, Prommel, Wilcox, Erb, Conklin, Andrews, and Boland. Opposed: None. So moved.
Doris Oakes Application #528-2020, Block 801, Lot 11, “B” Variance – Interpretation
Mr. William Haggerty, attorney for the applicant, came forward and stated that the applicant is seeking an interpretation of Fredon Ordinance with respect to a single-family home in the R-1 zone (Ordinances 550-67 and 550-19). Mr. Brady confirmed that proper notice had been given. The house was purchased as a single-family home with an extra kitchen. The question is whether a second kitchen automatically makes the home a 2-family structure.
Ms. Oakes was sworn in by Mr. Brady. She testified that she purchased the home in March 2018 as a foreclosure with the intent to live in the house with her son and his family, and to eventually transfer ownership to her son. She hired a local contractor to renovate an already existing area for her which included a bedroom, sitting area, bathroom, and a pantry/kitchen. The kitchen included cabinets and a refrigerator. She added a stove, replaced the refrigerator and refurbished the cabinets. She was told by the contractor that he had contacted the Town and obtained all necessary permits. During the transfer of the property to her son, the mortgage company discovered that the permits were not obtained for the work done on the second kitchen. Ms. Oakes attempted to correct the situation by first filing a zoning permit, but was denied for the reason that a second kitchen would make the house a 2 family structure, which is not permitted. The in-law suite created a multi-generational living space with some separation (which the Board feels should not be discouraged). There are no internal walls separating the suite from the main part of the house. Ms. Oakes testified that there are no separate utilities or separate outside entrance to the suite, with no plans to change that.
Mr. Haggerty stated that he believes the purpose of the ordinance is to avoid a duplex, which he defined as 2 dwelling units with walls separating the units. He would understand the position of the Zoning Officer if there were separate utilities and walls, as well as a separate entrance, but there is no separation at all in this house. The Tax Assessor has classified it as a one family home with an extra kitchen.
The Board discussed various cases where a house has had 2 kitchens (outdoor kitchens, pool houses), which did not automatically define the house as a 2-family unit.
Mr. Brady discussed case laws regarding single family housing with regard to college kids sharing a house and whether it is operating as a single-family unit. If occupants need to go through a common area that is shared by all, as well as shared utilities and entrance then it meets the test of a single-family home.
Mr. Boland opened the meeting to the Public. No one was present so the meeting was closed to the Public.
Ms. Wilcox made a motion to Interpret the house as a Single-Family house with an extra kitchen with the conditions that they do not separate the utilities or create a separate entrance. Ms. Prommel second. Roll Call vote: In favor: Boyle, Prommel, Rome, Wilcox, Erb, Conklin, Andrews, and Boland. Opposed: None. So moved.
OTHER BUSINESS
None
LIAISON REPORTS
Environmental Committee
No meeting. No Report
Township Committee
No representation. No Report.
There being no further business before the Board, a motion was made by Mr. Andrews to adjourn at 9:00 P. M. Ms. Wilcox second. All in favor. So moved.
Respectfully submitted,
Patricia Carlson
Land Use Board Secretary