Land Use Board Meeting Minutes June 19, 2023
FREDON TOWNSHIP LAND USE BOARD
June 19, 2023
MEMBERS PRESENT: Boland, Boyle, Erb, McCaffrey, Passafaro, and Prommel
MEMBERS ABSENT: Andrews, Conklin, Deitz, Holenstein, Lazzaro, Rome, and Wilcox
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 March 20, 2023 meeting as posted and waived reading. Mr. Passafaro second. Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, and Boland. Opposed: None. So moved.
CORRESPONDENCE
As shown on the attached agenda.
RESOLUTIONS
None
ADJOURNED CASES
Khalil Alijla, LLC Application #531-2023, Block 1402, Lot 2.01, Preliminary and Final Site Plan, Use Variance and Bulk Variance
Mr. David Brady stated that the applicant has provided adequate notice for the application to proceed. Mr. David Simmons reviewed his report dated June 15, 2023 for completeness. He recommended that the application be found complete as noted in his report. The applicant should provide testimony on the remaining items to help clarify the application for the Board.
Mr. McCaffrey made a motion to find the application complete as noted by Mr. Simmons. Ms. Erb second. Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, and Boland. Opposed: None. So moved.
Mr. Michael Selvaggi came forward on behalf of his client and gave a summary of the project. He stated that the business is located in the Light Industrial zone. The current business is for assembly, repair and processing of kitchen equipment and they would like to add outdoor storage to the rear of the building. He noted that outdoor storage is permitted as an accessory use in the LI zone. The applicant (Khalil Alijla, LLC) owns the building, but the tenant for the building is Twin Power. A zoning permit was issued in March 2022 to allow for the change of use for the “assembly, repair, and processing of kitchen equipment”. In October, 2022, the owner requested a junkyard permit from the Township Committee, which required them to come before the Land Use Board. The property also has a separate dwelling that the applicant would like to use as a residence for his employees during the week. Most of them are from Staten Island and will go back there on the weekend.
Mr. Alaa Alijla, came forward on behalf of the applicant, Khalil Alijla LLC, 27 Vedder Ave., Staten Island, NY, and was sworn in by Mr. Brady. He stated that he is one of the owners of the property and primary owner and operator of the business, Twin Power, which rents the building at 112 Phil Hardin Rd in Fredon. He testified that he purchases preowned “kitchen” equipment and refurbishes it. The process includes cleaning with Dawn dish detergent, lightly sanding, and painting. The process does not include any hazardous material, including freon. The units are tested with nitrogen before being sold. The customer recharges the equipment upon installation. He testified that he buys used equipment at auction, so he is aware of the condition before purchasing to minimize scrap. He uses Raimo scrap in Byram if necessary. All of the work is done inside the building. The company employs 5 – 7 employees. Twin Power owns box trucks for moving the equipment from the Fredon location to the customer or to their warehouse in Blairstown. The equipment purchased at auction arrives by tractor trailer. He estimates two Twin Power box trucks per day. The days of operation are Monday – Friday from 9:30 am to 7 pm. Outdoor storage is needed for equipment waiting to be refurbished.
Mr. Boland asked if any Board members had questions. Several board members questioned the length of time that units are stored outside before being refurbished. Environmental concerns regarding stagnant water and mosquitos were discussed. Mr. Alijla stated that the average length of time for units to sit outside is 1-2 months. Mr. McCaffrey asked if covered storage or portable storage containers were an option to address this issue. Mr. Marra, architect/planner for the applicant agreed that this could be considered. Questions regarding tractor trailer traffic and other vehicles coming in and out of the property were discussed. The applicant confirmed that very few customers will visit this site (1-2 per week) since their main showroom is located in Staten Island. Mr. Simmons asked about the sanding and painting in the building. Mr. Alijla stated that they use a sanding machine (no sandblasting) and that currently there isn’t a formal paint area set up in the building, and it is not filtered in any way. Mr. Alijla stated that the waste water from any cleaning done inside or outside the building is disposed of in the current septic system. Mr. Simmons questioned whether this has been approved by the County Health Department due to the detergent and grease runoff.
Mr. Brady asked if any salvage happens at this location. Mr. Alijla confirmed that some salvage does occur, but it is minimal. They do not disassemble the units and sell the parts. The average age of the units they purchase is 5 – 8 years, they would not bring an older unit to Fredon just to salvage it.
Mr. Joseph Marra, architect/planner came forward and was sworn in by Mr. Brady. He stated his qualifications/licenses for both an architect and planner and was accepted as an expert in these fields. Mr. Marra referenced plans on Sheet SP-2 Rev. #2 dated 4/21/23 includes plants requested by Mr. Simmons to run along the neighboring property where the outdoor storage will be. Sheet SP1.1 shows the building, parking area, and the distances between the neighboring properties. The plans show 2 existing garage doors, but they would like to remove one. The truck turning radius is shown and most of the equipment will enter through the warehouse area. They plan to re-pave, with the exception of the road area since it is already in good shape. Sheet SP-3 details the proposed merchandizer storage, jersey barriers, rolling gate and a 6 foot high fence.
The option of a roof installed over the outdoor storage was mentioned again to address the water and mosquito issues.
Mr. Marra reviewed the plans for the residential dwelling. They originally started renovating the house without the proper permits, but have since received permits from the construction department for the renovations. The first floor includes a kitchen, living room, 2 bedrooms and a bathroom (has a 2 bedroom septic). The original ground level layout included 2 garage doors, but the applicant would like to remove one door and replace the other door with 2 windows. They would also like to have a bathroom with a shower on the ground level. The Land Use Board is concerned that the ground level will be converted to additional living space without the proper permits in the future. Mr. Marra stated that he understands that living space in the basement is not allowed.
Mr. Marra stated that any salvaged material will be stored in small dumpsters behind the gated fence, but will relocate them if needed. The dumpsters will also contain garbage from the business and the residential dwelling. Waste Management will be contracted for garbage removal.
Mr. Daniel Davies, Engineer, came forward and was sworn in by Mr. Brady. He stated his qualifications and was accepted as an expert in his field. He reviewed his environmental impact statement report dated May 25, 2023. Exhibit A101 included 10 photos of the site. He reviewed the Fredon Environmental Commission report dated April 5, 2023 and stated that he believes some of the databases and maps used for their report were out of date. He understands that the Board is concerned with groundwater contamination, and he testified that there is no groundwater contamination associated with the application. Mr. Simmons asked about the 2 inlets in the outside storage area. Mr. Simmons is concerned that any liquid stormwater could drain onto the Town property. Mr. Davies stated that he could do a dye test to confirm the drainage.
Mr. Matthew Morris, Planner, reviewed his report dated June 15, 2023. He read the definition of a “junkyard” to the Board members to determine if, according to the testimony, the business can be defined as a junkyard. Mr. Brady stated that the Board needs to decide whether it is a junkyard or something else.
Mr. Selvaggi confirmed that the company deals with used equipment, but it is more of a recycling process versus scrap. He does not think it is a junkyard, but stated that due to the outdoor storage issue, it became questionable. He suggested that the conversion of the residential dwelling be tied to the business and only be used for employees. He would be willing to deed restrict that use. It is up to the Board to vote on whether it is considered a junkyard, or a permitted use of “assembly, repair, and processing of kitchen equipment”. Mr. Boland asked about the significant amount of scrap material that has been on the property, and is concerned that it will continue. Mr. Alijla stated that the huge piles of scrap material belonged to the previous owners and was moved outside when they moved into the building. His operation will generate very little scrap material.
Mr. Brady stated that it is up to the Board to decide if this operation, according to the testimony given, constitutes a junkyard. Mr. McCaffrey made a motion to interpret that it is not a junkyard, but is a form of business permitted in the LI zone, based on facts in the testimony. Mr. Passafaro second. Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, and Boland. Opposed: None. So moved.
Mr. Marra stated that they are also requesting a use variance for the single family dwelling to be used to house employees of the business. Mr. Marra stated that he believes there to be no negatives to approving this. The Board expressed concerns that work was already done without permits and would like to have some assurances that it doesn’t turn into a “dormitory” situation. Mr. Selvaggi stated that the employees will live as a family and suggested that the Board approve a use variance for the dwelling as an accessory use of the main property/building for a maximum of 4 people/residents related to the business. He also said they would agree to unannounced inspections by the zoning officer or fire marshall to give some assurances of compliance.
Mr. Boland opened the meeting to the public. Mr. William Dermody, 2 Municipal Rd, came forward and was sworn in by Mr. Brady. He expressed his concerns with the current outside condition of the property, which he believes looks like a junkyard. He also has concerns regarding the rainwater and grease runoff into the well and septic. He stated that the proposal to put the outdoor storage inside a building is a good idea to keep the property from looking like a junkyard.
The meeting was closed to public comment.
The discussion continued on the dwelling unit. The Land Use Board decided that that the 2 garage doors on the ground level must remain, and the bathroom on the ground floor is only allowed to include a toilet and sink – no shower. They would like to see a building (3 sides with a roof) for the outside storage. Mr. Brady indicated that we could bifurcate the application and approve the use variance for the dwelling, and carry the outdoor storage part of the application to the July meeting. Mr. Marra will work on plans for the building.
Mr. McCaffrey made a motion to bifurcate the application and approve the employee housing in the residential unit with a maximum of 4 occupants and 2 bedrooms on the main level. The bottom level (basement) includes a half bath and 2 garage doors. No occupiable space is allowed on the bottom level. This will be deed restricted. The Fire Marshall and Code Enforcement Official can perform unannounced inspections at any time. Mr. Boyle second. Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, and Boland. Opposed: None. So moved.
Ms. Prommel made a motion to carry the public hearing for the commercial storage building, with no further notice required. Mr. McCaffrey 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, application #532-2023 was moved to the July 17, 2023 meeting, pending proper notice.
OTHER BUSINESS
None
Master Plan Re-Examination
Mr. Boland asked the Board members for any comments/concerns to be addressed in the Master Plan Re-Examination. None were identified at this time.
LIAISON REPORTS
Environmental Committee
The Environmental Committee met to discuss the Khalil Alijla, LLC application as referenced by the report they submitted to the Land Use Board dated April 5, 2023.
Township Committee
No representation. No report.
There being no further business before the Board, a motion was made to adjourn at 10:35 P. M. All in favor. So moved.
Respectfully submitted,
Patricia Carlson
Land Use Board Secretary