Land Use Board Meeting Minutes March 20, 2023

FREDON TOWNSHIP LAND USE BOARD

March 20, 2023

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

MEMBERS ABSENT:         Conklin, Deitz, Holenstein, Lazzaro, Rome, and Wilcox

ALSO PRESENT:                Mr. David Brady, Esq.                                             

Mr. Boland called the meeting to order at 7:01 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 January 25, 2023 meeting as posted and waived reading.  Mr. McCaffrey second.  Roll call vote: In favor, Prommel, Erb, McCaffrey, and Boland. Opposed: None.  So moved.

Mr. Andrews arrived at 7:03 P.M.

CORRESPONDENCE

As shown on the attached agenda.

RESOLUTIONS

None

ADJOURNED CASES

None

HEARING OF NEW CASES

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

Prior to the meeting, Mr. Michael Selvaggi, Esq., attorney for the applicant, informed Mr. Brady and Mr. Boland that they would not be attending the meeting due to the presumption of being found technically incomplete, based on the report by Mr. D. Simmons on this application dated February 23, 2023. Mr. Brady explained that he is planning on setting up a TCC (technical coordinating committee) meeting with the professionals from both sides, along with the land use board chairman and one additional board member. The purpose of the TCC is to discuss aspects of the application that may require additional information before the public hearing. Mr. Brady stated that anything discussed at the TCC meeting is not binding on the Board.

After a brief discussion on the application and the report from Mr. Dave Simmons dated February 23, 2023, Mrs. Prommel made a motion to find the application technically incomplete. Mr. McCaffrey second. Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, Andrews, and Boland. Opposed: None.  So moved.

OTHER BUSINESS

Short Term Rental Ordinance Discussion

Mr. Boland stated that Mr. Deitz requested that the Land Use Board review the Short Term Rental ordinance. Mr. Brady drafted an ordinance several months ago. He will reach out to the Township Attorney, Mr. Robert McBriar to confirm that he has included the key items that the Township Committee wants included in the ordinance, i.e. owner occupied, and 30 day minimum stay. The revised draft ordinance will be sent back to the Township Committee for consideration.

Mr. Boland opened the meeting to the Public.

Mr. Tom Knutelsky of 20 Westbrook Rd. stated that he is here as a private citizen of Fredon. He expressed his concerns about current short term rentals being grandfathered in and allowed to continue. Mr. Brady stated that the zoning ordinance may allow for preexisting, nonconforming short term rentals to continue if the zoning ordinance is changed, but licensing requirements and other provisions of the updated ordinance would be effective immediately to all short term rentals. Mr. Brady agreed to send a copy of the draft ordinance to Mr. Knutelsky. Mr. Boland stated that the Township Committee and Zoning have the power to restrict short term rentals. The Land Use Board powers are limited. A discussion was held about other options that were available to pursue.

Mr. Jim Weber of 14 Hillview Rd. came forward, stated that he believes the short term rental in his neighborhood is a business and is hoping that any changes to the ordinance would be effective immediately. The current owner does not live there and is now using a new rental company to help manage the property. Mr. Weber continues to be concerned about safety in the neighborhood.

Mr. Don Ciccolella of 21 Westbrook Rd. understands that the Land Use Board powers are limited, but feels that this is a business operating in a residential neighborhood. He will continue to reach out to the Township Committee and Zoning for resolution.

Overview of the Powers, Responsibilities and Procedures of the Board Discussion

Mr. Brady reviewed the Powers, Responsibilities and Procedures of the Land Use Board and highlighted some specific examples to provide guidance to the Board in various situations. Although all of the Board members have previously taken the state required land use board course, it was an opportunity for the Board to get a “refresher” for routine responsibilities and to ask questions on current law and how it pertains to the Land Use Board.

Solar and In-Law Suite Ordinance Discussion

The Township Committee previously tabled these ordinances and recently requested clarification from the Land Use Board on the changes to these ordinances. Mr. Boland agreed to re-send a letter to the Township Committee highlighting the proposed changes and explaining that the changes were less restrictive than the current ordinances.

Master Plan Re-Examination

Mr. Boland is planning on having another meeting soon. He invited all Board members to send any issues or comments to him.

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 to adjourn at 8:34 P. M.  All in favor.  So moved.

Respectfully submitted,

Patricia Carlson

Land Use Board Secretary