Land Use Board Meeting Minutes November 15, 2021
FREDON TOWNSHIP LAND USE BOARD
November 15, 2021
MEMBERS PRESENT: Andrews, Boland, Boyle, Erb, Holenstein, Lazzaro, Passafaro, and Prommel
MEMBERS ABSENT: Conklin, Richardson, Rome, and Wilcox
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.
Reappointed member, Mr. Lazzaro was sworn in at this time.
MINUTES
Ms. Prommel moved acceptance of the minutes for the July 26, 2021 meeting as posted and waived reading. Mr. Boyle second. Roll call vote: In favor, Boyle, Holenstein, Erb, Passafaro, Andrews, and Boland. Opposed: None. So moved.
CORRESPONDENCE
As shown on the attached agenda.
RESOLUTIONS
Resolution of the Fredon Township Land Use Board Releasing Funds from Escrow in Accordance with the October 6, 2021 Administrative Consent Order with the New Jersey Department of Environmental Protection
After a brief summary of this resolution by Mr. Brady, Mr. Andrews moved to approve this resolution. Ms. Prommel second. Roll call vote: In favor, Boyle, Holenstein, Erb, Passafaro, Andrews, and Boland. Opposed: None. So moved.
Resolution to Recommend Amendment of Article V Section 550-443 of the Land Use Ordinance
Mr. Andrews moved to approve the resolution for Ordinance 2021-08 from the July 26, 2021 meeting which prohibited cannabis in Fredon Township. Mr. Passafaro second. Roll call vote: In favor, Boyle, Holenstein, Erb, Passafaro, Andrews, and Boland. Opposed: None. So moved.
ADJOURNED CASES
None
HEARING OF NEW CASES
None
OTHER BUSINESS
The following draft ordinances were developed with the Board Professionals and a subcommittee of the Land Use Board.
Solar Ordinance
A discussion was held on the draft solar ordinance. Some minor changes need to be made. The revised draft ordinance will be distributed to the Land Use Board and will be discussed at the next meeting.
In-Law Suite Ordinance
A discussion was held on the draft in-law suite ordinance. Questions regarding parking, separate entrances and enforcement were discussed. Minor modifications to clarify some of the concerns will be made and will be discussed at the next Land Use Board meeting.
Ordinance 2021-11 Cannabis Cultivation and Manufacturing
A discussion regarding this ordinance allowing cannabis cultivation and manufacturing was held. Questions/concerns regarding whether cannabis is considered agriculture, zoning and building requirements, state licensing priorities, water, septic, parking, and the potential for a building being abandoned in the future if a business decides to relocate to another town were all discussed. The Township Committee changed the size of the building limitations from the draft ordinance originally presented to them, which is a major concern of the Land Use Board.
Mr. Boland opened the meeting to the public.
Mary Ann Schetting, 144 Hunts Pond Road, came forward and questioned why anyone would want this in Fredon Township. She feels it is just a way to get ratables and is not in favor of this ordinance. She feels that more discussion is needed before it is adopted. She is concerned that a lot of people are not aware of this ordinance and believes many residents would oppose it.
Mr. Boland stated that the ordinance originated with the Township Committee and is on the agenda for adoption at the upcoming Township Committee meeting on Monday, November 22, 2021. Public comment will be allowed at that meeting.
The meeting was closed to the public.
The tax benefits of cannabis were discussed. A concern is how the amount will be determined and administered. Mr. Brady stated that the state is setting up a system to address this. Some members of the Board are not confident that the tax money will come directly back to the Township based on previous actions by the State where money was collected by the State (to be distributed back to the Towns) and many times it did not happen as expected.
At the conclusion of the discussion, Mr. Boland stated that the Board could recommend to the Township Committee to adopt the ordinance with the change to the maximum size of the building. Ms. Holenstein asked if the Land Use Board could recommend not to adopt the cannabis ordinance. Mr. Brady stated that is an option, but the Township Committee can disregard the recommendation.
Ms. Holenstein made a motion recommending that Ordinance 2021-11 not be adopted. Mr. Andrews second. Roll call vote: In favor, Boyle, Holenstein, Lazzaro, Prommel, Erb, Passafaro, Andrews, and Boland. Opposed: None. So moved. Mr. Brady will send a letter to the Township Committee, copying the Township Attorney, before their meeting on Monday detailing the decision.
LIAISON REPORTS
Environmental Committee
No Meeting. No Report.
Township Committee
Mr. Lazzaro stated that the Township Committee has been dealing with normal business issues, with the exception of the recent cannabis ordinance.
There being no further business before the Board, a motion was made to adjourn at 9:00 P. M. All in favor. So moved.
Respectfully submitted,
Patricia Carlson
Land Use Board Secretary