Land Use Board Meeting Minutes July 17, 2023

FREDON TOWNSHIP LAND USE BOARD

July 17, 2023

MEMBERS PRESENT:      Andrews, Boland, Boyle, Erb, McCaffrey, Passafaro, Prommel, Rome, and Wilcox

MEMBERS ABSENT:         Conklin, Deitz, Holenstein, Lazzaro

ALSO PRESENT:                Mr. David Brady, Esq., Mr. Matthew Morris, P.P., Mr. David Simmons, P.E.

Mr. Boland called the meeting to order at 7:00 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 in The New Jersey Herald.  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

Mrs. Prommel moved acceptance of the minutes for the June 19, 2023 meeting as posted and waived reading.  Mr. McCaffrey second.  Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, and Boland. Opposed: None.  So moved.

CORRESPONDENCE

As shown on the attached agenda.

Mr. Rome recused himself at this time.

RESOLUTIONS

Khalil Alijla, LLC  Application #531-2023, Block 1402, Lot 2.01, Preliminary and Final Site Plan, Use Variance and Bulk Variance – Residential Dwelling

Mr. Boland opened the discussion on the resolution for the residential dwelling unit. The revised plans that were submitted included 3 bedrooms and a shower in the basement. Mr. Selvaggi came forward and stated that due to religious reasons, the applicant would like to keep the shower for foot washing. Mr. Boland suggested that a foot washing station be installed instead of a full shower. Mr. Selvaggi agreed that would be acceptable. Mr. Marra will revise the plans to remove one of the bedrooms upstairs, and to remove the shower in the basement and install a foot washing station. Mr. Brady will amend the resolution as discussed to allow a foot washing station for religious reasons be permitted.

Mr. Boyle made a motion to bifurcate the application and adopt the resolution for the residential dwelling as amended. Mr. Passafaro second. Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, and Boland. Opposed: None.  So moved.

CONTINUATION OF CASES

Khalil Alijla, LLC  Application #531-2023, Block 1402, Lot 2.01, Preliminary and Final Site Plan, Use Variance and Bulk Variance

Mr. Joseph Marra came forward and stated that he still considers himself under oath. He stated that the main revision of the site plan is the proposal of a 7,000 square foot building. He discussed the setbacks, garbage dumpsters, hours of operations, style of proposed building, and lighting. No plumbing, heat, or insulation is proposed in the new building, which will be used for storage. Mr. Marra reviewed the plans and addressed many issues/concerns that were identified in Mr. Simmons’s report dated July 11, 2023. Mr. Simmons would like the see where the scrap material will be stored. Mr. Marra would like it to be a “flex area”, but estimates that it will never exceed 15 X 15 sq. ft.   Mr. Marra agreed to make the changes requested by Mr. Simmons and will provide updated plans which will incorporate these items.

Signs for the business were discussed. Twin Power already placed a temporary sign at the entrance on Phil Hardin Rd. without permits. A zoning permit will be submitted for a new permanent sign. Mr. Marra stated that a decision on whether to have a sign on the building hasn’t been made yet.

Mr. Boland asked about the increase in the amount of inventory from previous months. He also stated that last month Mr. Alijla testified that no work would be done outside, but when Mr. Boland visited the property prior to coming to the meeting, 4 workers were doing nitrogen testing outside. Mr. Alaa Alijla stated that they shouldn’t be doing that and he would talk to the workers.

The Board asked about the estimated timetable for the proposed building. Mr. Selvaggi stated that details on the timing have not been determined yet, but is hopeful that it will completed within a year.

Mr. Daniel Davies, Engineer, came forward and stated that he still considers himself under oath.. Mr. Davies discussed the storm drainage on the property and stated that he is not aware of any drainage issues with the Fredon DPW property. Some updates to the survey may be necessary to reflect the drainage details. Mr. Simmons asked about easements on the property. Mr. Davies is still investigating this. Mr. Davies testified that the single family dwelling has its own septic and the building septic was originally designed for 25 people. The well was built for a 2 bedroom house and 25 people in the business. The Sussex County Board of Health may require testing of the water, as well as locking lids on the septic systems.

Mr. Boland asked if any Board members had questions. Mr. McCaffrey asked how any overflow of material will be handled with the proposed storage building. Mr. Alaa Alijla stated that it would be moved to Blairstown or another location. Once the structure is built there will be no outside storage. Mr. Boyle asked Mr. Davies if he can ensure that the drain water will drain appropriately. Mr. Davies said that he could test the pipe to ensure proper drainage. Mr. Simmons acknowledged that the applicant and their professionals addressed most of the comments. Mr. Marra would like to postpone the installation of the Electric Vehicle parking space, but Mr. Simmons doesn’t think that it can be postponed due to state requirements.  Mr. Brady will confirm the regulation on this. Mr. Simmons would like the roof drains on the new storage building to be piped to existing inlets. Mr. Marra will update the plans. Mr. Selvaggi will continue to check on any easement issues. Mr. Simmons stated that a field inspection after the project is completed will determine adequate lighting. The applicant agreed that outside lighting would be turned off no later than 11 PM.

Mr. Simmons recommended preliminary approval at this time, with final approval when the project is finished (approximately one year). Mr. Brady suggested getting an update on the project in one year, with a two year extension if necessary.

Additional comments from Mr. Simmons included the need for the applicant to address the issue of a waste water system for any water used for the cleaning of the machines.  Mr. Davies stated that all water will be collected and properly disposed of per NJ state requirements. Mr. Simmons stated that a system needs to be designed for this purpose subject to the Sussex County Board of Health approval. Mr. Selvaggi confirmed that any washing of equipment will be done in the main building, not outside.

Mr. Simmons also stated that Mr. Morris did not do a new planning report, but his comments on setbacks were included in Mr. Simmons’ report dated July 11, 2023.

Mr. Boland opened the meeting to the public. No public comments. The meeting was closed to the public.

Mr. Boland would like to check with the Fredon DPW for information on the drain pipes (who put them in, and when they were put in).

Mr. Passafaro made a motion to authorize Mr. David Brady to draft resolutions of approval for the Khalil Alijla, LLC application based on testimony and conditions agreed to during the hearing. The resolution can be approved and adopted at the next meeting. Ms. Erb second. Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, and Boland. Opposed: None.  So moved.

HEARING OF NEW CASES

None

Due to insufficient notice to property owners within 200 feet, application #532-2023 was moved to the August 21, 2023 meeting, pending proper notice. Mr. Brady confirmed that the legal notice published in the NJ Herald was sufficient and will be preserved and carried to the August 21, 2023 meeting. The applicant was informed that notice must be mailed to all of the property owners and utilities on the list provided by the tax assessor.

OTHER BUSINESS

None

LIAISON REPORTS

Environmental Committee

No report

Township Committee

No representation. No report.

There being no further business before the Board, a motion was made to adjourn at 8:17 P. M.  All in favor.  So moved.

Respectfully submitted,

Patricia Carlson

Land Use Board Secretary