Land Use Board Meeting Minutes March 21, 2022

Meeting date: 
Monday, March 21, 2022

FREDON TOWNSHIP LAND USE BOARD

March 21, 2022

MEMBERS PRESENT:      Boland, Boyle, Erb, Prommel, Passafaro, and Wilcox

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

ALSO PRESENT:               Ms. Jessica Caldwell, P.P., Mr. Robert Correale, 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

Ms. Prommel moved acceptance of the minutes for the February 23, 2022 meeting as posted and waived reading.  Mr. Boyle second.  Roll call vote: In favor: Boyle, Prommel, Erb, Passafaro, and Boland. Opposed: None.  So moved.

CORRESPONDENCE

As shown on the attached agenda.

RESOLUTIONS

SCARC, Inc. Application #529-2022, Block 1001, Lot 1.04, “C” Variance –  

Ms. Prommel motioned to approve the Resolution for a “C” Variance for SCARC, Inc. as decided by the Board at the February 23, 2022 meeting. Mr. Boyle second. Roll call vote: In favor: Boyle, Prommel, Erb, and Boland. Opposed: None. So moved.

ADJOURNED CASES

None

HEARING OF NEW CASES

Christopher Rudeau Application #530-2022, Block 404, Lot 26.05,  “C” Variance

Mr. Christopher Rudeau, along with his engineer Mr. Howard Bach, P.E., came forward to begin testimony. Mr. Bach was sworn in by Mr. Correale.

Mr. Correale confirmed that proper notice had been given for the application to proceed.

Mr. Bach stated that Mr. Rudeau would like to build a two family home on his property which is located in the MUMD zone. Mr. Bach gave an overview of the environmental concerns regarding the property (Exhibit A-1 dated 3/21/22). The property is currently an active tree farm and was purchased by the applicant in 2018. The applicant is requesting a variance due to the front yard setback. Mr. Bach stated that it is not possible to build in the previously approved “building envelope” due to the riparian buffer zone. The previous variance allowed for a 75 foot front yard setback, but they are requesting a 42 foot front yard setback (Exhibit A-2 dated 3/21/22). Mr. Bach stated that he did a quick aerial survey and feels that the proposed setback is in line with other properties on Route 94. He doesn’t feel that drainage will be a problem, but could submit a grading plan to Mr. Simmons if the application gets approved. Mr. Boyle questioned if the proposed swale and berm might affect the 7,000 sq.ft. disturbance limitation within the riparian zone. Mr. Bach will check with the wetlands specialist to see if it will be covered under “maintenance”.

Ms. Wilcox made a motion to find the application complete as recommended by Mr. Simmons. Mr. Boyle second. Roll call vote: In favor: Boyle, Prommel, Wilcox, Erb, Passafaro, and Boland. Opposed: None. So moved.

Mr. Simmons reviewed his report dated March 14, 2022. Mr. Simmons stated that the DEP has jurisdiction over many aspects of this project and suggested that the applicant may consider waiting to proceed until approval from the DEP is received due to potential changes to the plan. Mr. Simmons read into record an email received from the Watershed & Land Management Program dated March 14, 2022 (Exhibit A-3 dated 3/21/22) which stated that the application is complete for review.

Mr. Correale stated that the application could be voted on with specific contingencies.

Ms. Caldwell read her report dated March 15, 2022. As part of the variance criteria, she questioned if there was another location on the property to build the house. Mr. Bach stated that the location of the house was pushed as far back as possible and that the proposed layout was based on design and regulatory constraints. The tree farm will remain an active tree farm up to the house. Mr. Caldwell asked if trees would be planted in front of the house to provide a buffer from the roadway. Mr. Bach stated that could be done. Mr. Bach stated that only the top of the house will be visible from the road. Mr. Rudeau was sworn in by Mr. Correale. Mr. Bach and Mr. Rudeau testified that no additional structures will be constructed.

Mr. Boland asked if there were any questions from the Board. There were none.

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

Mr. Boland stated that the professionals have provided feedback on this application. Mr. Simmons has suggested that the applicant wait until he receives DEP approval. Mr. Rudeau requested that we move forward with contingencies.

Mr. Correale stated that since the applicant wants to proceed, the application, if approved, would include the following contingencies:

            Fredon Construction Department approval

            Sussex County Health Department approval

            Upper Delaware Conservation District approval

            NJ DEP approval

            Application documents submitted to the DEP be revised to reflect the proposed grading for the 18 inch drain (or whatever method the DEP requires)

            Landscape Plan

Ms. Prommel confirmed that the applicant will not be able to pull any permits without all of the contingencies being met.

Ms. Erb made a motion to approve the application as proposed and with the contingencies outlined in Mr. Simmons report including the contingencies listed above.   Mr. Boyle second. Roll call vote: In favor: Boyle, Prommel, Wilcox, Erb, Passafaro, and Boland. Opposed: None. So moved.

OTHER BUSINESS

None

LIAISON REPORTS

Township Committee

No representation. No Report.

Environmental Committee

Mr. Boyle had nothing to report.

Mr. Boland officially welcomed Ms. Jessica Caldwell as the Board Planner. He also announced Debra Prommel’s retirement from the Township. She plans to stay on the Board at this time.

There being no further business before the Board, a motion was made to adjourn at 8:20 P. M.  All in favor.  So moved.

Respectfully submitted,

Patricia Carlson

Land Use Board Secretary