Land Use Board Meeting Minutes June 15, 2020

FREDON TOWNSHIP LAND USE BOARD

June 15, 2020

MEMBERS PRESENT:      Andrews, Boland, Boyle, Conklin, Holenstein, Lazzaro, Passafaro, Rome, and Wilcox

MEMBERS ABSENT:         Erb, Prommel, and Richardson

ALSO PRESENT:                Mr. David Brady, Esq.                                                          

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. Rome moved acceptance of the minutes for the May 18, 2020 meeting as posted and waived reading.  Mr. Andrews second.  Roll call vote: In favor: Boyle, Holenstein, Lazzaro, Rome, Passafaro, Andrews, and Boland.  Opposed: none. So moved.

CORRESPONDENCE

As shown on the attached agenda.

RESOLUTIONS

None

ADJOURNED CASES

None

HEARING OF NEW CASES

Breece Application #527-2020, Block 1601, Lot 9.01, “C” Variance

Mr. Breece is seeking to build an above ground pool and needs a variance due to the proposed location, which is in the front yard. Mr. Breece came forward and was sworn in by Mr. Brady. Mr. Lazzaro and Mr. Rome recused themselves due to their relationship with Mr. Breece in the Fredon Fire Department. In Mr. Simmons absence, Mr. Brady stated that Mr. David Simmons report re Breece Application #527-2020 Variance Block 1601 Lot 9.01 dated June 9, 2020 be made part of the record. Mr. Boland confirmed with the Board members that all had received a copy and reviewed the report. Mr. Breece also confirmed that he had received a copy of the report.

Mr. Breece explained that he wants to install an above ground pool in the only feasible place, which due to the topography of his property, happens to be in his front yard. His backyard is wooded and sloped and would require major land clearing for the pool.  He confirmed that the pool will not be visible from the road, with the possible exception in winter. Mr. Breece confirmed that no additional lighting or decking will be added. He may extend the current deck area slightly towards the house, not the road. Mr. Brady stated that if he decided to add lighting or decking around the pool then he would need to come back before the Board. Mr. Breece agreed.

Mr. Boland opened the meeting for questions from the Board members. Mr. Breece confirmed that he looked at all other locations on his property before deciding on the proposed location. He indicated that there is one area that looks like it would be acceptable, but it was the septic/leech field, therefore it was not an option. He also stated that he bought his property from the Nature Conservancy and due to restrictions, is not allowed to remove trees haphazardly. Mr. Breece stated that the tree removal restrictions are identified in the property deed.

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 waive the items for completeness that were listed in Mr. Simmons report dated June 9, 2020 (with the exception of notice requirements – Ms. Carlson confirmed the application to be administratively complete) and approve the application as proposed with the condition regarding any additional lighting (other than what is currently on the house) and decking. Mr. Boyle second. Roll call vote: In favor: Boyle, Holenstein, Wilcox, Conklin, Passafaro, Andrews and Boland.   Opposed: None.  So moved.

Occhifinto Application #525-2019, Block 2002, Lot 4, “D” Variance

Announcement of Adjournment to July 20, 2020 meeting was made pending receipt of notice.

OTHER BUSINESS

None

LIAISON REPORTS

Environmental Committee

No Report

Township Committee

Mr. Lazzaro reported that Town business has been relatively quiet. The 2020 municipal budget was recently passed with no increase.

There being no further business before the Board, a motion was made by Mr. Lazzaro to adjourn at 7:45 P. M.  Mr. Boyle second. All in favor. So moved.

Respectfully submitted,

Patricia Carlson

Land Use Board Secretary