Land Use Board Meeting Minutes October 16, 2023

FREDON TOWNSHIP LAND USE BOARD

MEETING MINUTES 

October 16, 2023

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

MEMBERS ABSENT:         Deitz, Lazzaro, Rome, and Wilcox

ALSO PRESENT:                Mr. Michael Brown, Esq, 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. Donald Meyer was sworn in as a new member of the Land Use Board by Mr. Michael Brown.

Mr. Boland invited all present to participate in the salute to the flag.

MINUTES

Ms. Erb moved acceptance of the minutes for the September 18, 2023 meeting as posted and waived reading.  Mr. McCaffrey second.  Roll call vote: In favor, Boyle, Erb, McCaffrey, Andrews, and Boland. Opposed: None.  So moved.

CORRESPONDENCE

As shown on the attached agenda.

CONTINUATION OF CASES

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

Mr. Selvaggi, applicant attorney, came forward and stated that he had reviewed draft resolution prepared by Mr. David Brady and was in agreement with it. He stated that Mr. Davies, the applicant’s engineer, is working on getting estimates for the storage building, and will apply for permits pending approval of the application. He stated the septic system approval may take longer than expected and requested that the storage building permits not be delayed due to the septic system. As previously testified, there is no water in the storage building, so it won’t have any affect on the septic. Mr. Brown, town attorney, stated that the land use board should consider approving the request. Mr. Simmons recommended that a condition be added to the resolution stating that no internal permits be held up due to the septic system.

Mr. Boland asked if any Board members had any questions or comments. Mr. Boland would like the resolution to state that effective immediately, no outside work is to be done at the property. He would also like to see a deadline to have all outside storage removed. Mr. Selvaggi stated that all outdoor storage needs to be removed before work on the foundation can begin. It was agreed that the resolution would be amended to include a deadline of December 31, 2023 for outdoor storage, permits for the storage building would not be held up due to any delays in obtaining the septic system permits, and effectively immediately, no outside work is to be performed.

Ms. Prommel confirmed with Mr. Selvaggi and the applicant that all of the material currently being stored outside will be in the building, the renovated garage, or off site by year end.

Mr. Brown stated that if there is any delay it must be communicated to the Land Use Board.

Mr. Boland opened the meeting to the Public. No public comment. The meeting was closed to the public.

Mr. Passafaro made a motion to approve the application as amended. Ms. Prommel second. Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, and Boland. Opposed: None.  So moved.

RESOLUTIONS

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

Mr. Brown stated that a second motion was needed to adopt the resolution as amended. Mr. Andrews made a motion to adopt the resolution as amended. Mr. Boyle second. Roll call vote: In favor, Boyle, Prommel, Erb, Passafaro, McCaffrey, and Boland. Opposed: None. So moved.

Betsy Dolinko  Application #532-2023, Block 1001, Lot 20, Bulk Variance

Mr. McCaffrey made a motion to dismiss the application without prejudice as decided by the Board at the September 18, 2023 meeting. Ms. Erb second. Roll call vote: In favor: Boyle, Erb, McCaffrey, Andrews, and Boland. Opposed: None. So moved.

HEARING OF NEW CASES

None.

OTHER BUSINESS

Master Plan Reexamination

Mr. Boland informed the Board that a public input meeting for the Master Plan Reexamination was scheduled for October 24, 2023. Mr. Brown stated that only the subcommittee members should attend. The public hearing will be scheduled after the public input meeting.

            Ordinance 2023-13 Amending Cannabis Conditional Use Requirement (10-3-2023)

Mr. Boland stated that the Township Committee would like to decrease the setback requirement from 750 feet to 200 feet. Mr. Brown reviewed a report from Ms. Jessica Caldwell, P.P. dated October 16, 2023. Ms. Caldwell noted in her report that at a buffer of 750 feet, not many parcels in the Township qualify. The Township Committee feels the buffer is too big. He asked for comments from the Board. The Board would like clarification on whether the setback requested is from the residence or from the property line. The concern is that as proposed, the building could be on the property line. The Township Committee is looking for input from the Land Use Board.

Mr. Boland opened the meeting to the Public. No public comment. The meeting was closed to the public.

Mr. Meyer stated that he feels the boundaries should be from the property line, not the residence. Mr. Boyle commented that there should be a minimum distance from the property line. Mr. Boland would like to review the current setbacks for other businesses and report back to Mr. Brown. Mr. Boland will contact Ms. Caldwell regarding this issue. The Land Use Board has 35 days from October 13th to respond to the Township Committee. The Board would like Mr. Brady to write a letter to the Township Committee stating their concerns and requesting changes to the proposed ordinance.

LIAISON REPORTS

Township Committee

No Representation. No Report.

Environmental Committee

No meeting. No report.

Mr. Boland welcomed Mr. Donald Meyer to the Land Use Board.

Mr. Boland opened the meeting to the Public. No public comment. The meeting was closed to the public.

There being no further business before the Board, a motion was made to adjourn at 7:40 P.M.  All in favor.  So moved.

Respectfully submitted,

Patricia Carlson

Land Use Board Secretary