Land Use Board Meeting Minutes October 19, 2020
FREDON TOWNSHIP LAND USE BOARD
October 19, 2020
MEMBERS PRESENT: Andrews, Boland, Boyle, Erb, Lazzaro, Passafaro, and Prommel,
MEMBERS ABSENT: Conklin, Holenstein, Richardson, Rome, and Wilcox
ALSO PRESENT: Ms. Eileen Banyra, P.P., Mr. David Brady, 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 August 17, 2020 meeting as posted and waived reading. Mr. Boyle second. Roll call vote: In favor: Boyle, Prommel, Erb, Andrews, and Boland. Opposed: None. So moved.
Mr. Lazzaro arrived at 7:35 P.M.
CORRESPONDENCE
As shown on the attached agenda.
RESOLUTIONS
Occhifinto Application #525-2019, Block 2002, Lot 4, “D” Variance
Mr. Andrews motioned to approve the Resolution for a “D” Variance for his aquaculture business as decided by the Board at the August 17, 2020 meeting. Ms. Prommel second. Roll call vote: In favor: Boyle, Prommel, Erb, Andrews, and Boland. Opposed: None. So moved.
Doris Oakes Application #528-2020, Block 801, Lot 11, “B” Variance – Interpretation
Ms. Prommel motioned to approve the Resolution to Interpret the house as a Single-Family house with an extra kitchen as decided by the Board at the August 17, 2020 meeting. Mr. Andrews second. Roll call vote: In favor: Boyle, Prommel, Erb, Andrews, and Boland. Opposed: None. So moved.
ADJOURNED CASES
None
HEARING OF NEW CASES
Nuzzo Application #524-2019, Block 2101, Lot 3.20, Major Site Plan
Mr. Matthew Cavaliere, attorney for the applicant, came forward and gave a brief introduction and overview of the project. Mr. Nuzzo is requesting a build an indoor riding arena for his horse farm.
Mr. Brady confirmed that proper notice had been given for this application to proceed. Mr. Simmons reviewed his report dated September 15, 2020 for completeness. The applicant requests many waivers that Mr. Simmons stated have already been addressed subsequent to his report, and additional ones will be addressed during testimony tonight. He recommends that all of the waivers be granted with the exception of administrative waivers (Ms. Carlson confirmed that these requirements have been met), and Checklist Items 26, 34, and 42 on Form “D”. Mr. Cavaliere stated that he believes waivers 26, 34, and 42 will be addressed satisfactorily in testimony. Mr. Brady suggested the Board consider granting the waivers on a temporary basis so that testimony can begin. Mr. Brady stated that these waivers can be rescinded if not addressed to the Boards’ satisfaction during testimony.
Mr. Andrews made a motion to find the application complete as recommended by Mr. Simmons – granting waivers on a temporary basis for Items 26, 34, and 42. Mr. Boyle second. Roll Call vote: In favor: Boyle, Lazzaro, Prommel, Erb, Passafaro, Andrews, and Boland. Opposed: None. So moved.
Mr. Cavaliere came forward to begin testimony. He stated that the Nuzzo property has been a horse farm for years. This application is for a site plan to add a pole barn for agricultural use. The proposal is to add a pole barn (attached to the barn) for indoor riding and lessons. Although technically it is a major site plan, it can be considered a minor site plan due to its intended use – which is why the waivers were requested. He stated that no variances were requested and it is a permitted use. In attendance are Mr. Charlie Nuzzo and Mrs. Lori Nuzzo, owners and operators of the property, Ms. Holly Nuzzo, assistant manager, Mr. Paul Ferriero, Engineer, and Mr. Wayne McCabe, Planner.
Ms. Lori Nuzzo came forward and was sworn in by Mr. Brady. Ms. Nuzzo testified that she is co-owner and operator of the property since the early 1990’s. She is a member of several different horse training associations and has previously trained various types of horses. The property was previously a horse farm when it was purchased. At the time of purchase, it included a barn (15 stalls), 2 outside sheds, a run-in shed, an outdoor riding arena with lights, 2 pasture areas and wooded areas. Currently it includes the preexisting barn, a 3 stall quarantine barn (added), pasture areas (the same size but divided into smaller pastures). She testified that her family lives on the property. Exhibit A-1 was introduced into evidence, it is an aerial photo of the property. Ms. Ward, attorney for an adjoining property owner, requested to see the photo before it is entered into evidence. Ms. Nuzzo identified the locations of the various buildings on the drawings. She stated that they currently have a building permit to expand the barn by adding 4 horse stalls (expansion of the barn is a separate issue and is not included in this application). Mr. Cavaliere asked why they chose a pole barn. Ms. Nuzzo testified that due to the changing weather conditions, the outdoor ring is too wet or snowy to ride creating lots of downtime. They are looking to have a more consistent training program in a safe environment. Pole barns are becoming more popular and necessary to avoid missing 4 – 6 months of training time. Horses need to be trained on a regular basis and inclement weather hurts that. Many equestrian facilities are adding pole barns to allow for a more consistent conditioning process. Ms. Nuzzo testified that the property is 22+ acres, therefore they are allowed to have up to 22 horses. A typical day includes Lori and Holly Nuzzo plus 2 additional people (a busy day could include up to 4 additional people). She testified that there are no safety issues with the increased circulation and that they currently do not run any events or competitions, and they do not intend to do so in the future.
Ms. Nuzzo was asked about how they handle refuse. She stated that they pay for garbage pickup. Garbage is stored in steel garbage cans (larger than a household can). No dumpster is used or needed, and no changes to this are anticipated. They have a collection service for manure. The service leaves a dumpster and when it is filled with manure they haul it away. It is currently stored on the driveway side of the barn.
The permit for the barn addition was entered into evidence as Exhibit A-2. Exhibit A-3 is a picture board with 7 pictures. Ms. L. Nuzzo showed and described the pictures as typical of what the proposed indoor riding arena will look like. She testified that no plumbing is proposed and the surface area is proposed to be sand based with added fiber.
Mr. Boland asked the Board if they had any questions for Ms. L. Nuzzo. Ms. Eileen Banyra, P.P., asked about the size of the proposed arena (exterior dimensions are 72 feet by 192 feet). Ms. Nuzzo stated that due to very set patterns that need to be practiced, the correct size of the ring is important (similar to a competition ring which is 20 meters by 60 meters). There were no further questions at this time.
Mr. Paul Ferriero, Engineer, came forward and was sworn in by Mr. Brady. He stated his qualifications and was accepted as an expert in his field. Mr. Ferriero testified that he has been involved with equestrian site plans and indoor training facilities as proposed for years, the first one in 1989. He referenced the site plan drawing from Lyon Engineering which identified the existing barn, addition, house and the footprint of the proposed arena. He discussed the topography and stated that water drains away from the existing barn. The site plan was used to prepare the Stormwater Management Plan which was entered into evidence as Exhibit A-4. He reviewed the details and stated that it was prepared for the “100 year storm” (September 17, 2020 report). He stated that any concerns Mr. Simmons might have can be addressed during the process if necessary and can be made as a condition if the application is approved.
Mr. Ferriero referenced the reports by Bob Canace regarding wetlands and flood plains. He was instructed not to read the reports, but could discuss the contents in his own words. Based on the restrictions and guidelines regarding the wetlands, he testified that the proposed pole barn will not impact the wetlands. He also testified that the building would have no impact on the riparian zone. He expressed that he had an initial concern due to the proposed barn being within the 300 feet riparian zone, due to a stream running East and West at the south part of the site. There is a ridge line in front of the existing barn and the DEP truncates the riparian zone at that ridge line. Exhibit A-5 reflects the watershed map. He showed on the map that the proposed riding arena would not drain into that.
Mr. Ferriero stated that there are three features of the Stormwater Management Plan: water quality, rate reduction, and water discharge. These items were discussed in detail and concerns were addressed.
At the completion of Mr. Ferriero’s testimony, Mr. Boland asked the Board if they had any questions. There were no questions at this time.
Mr. Wayne McCabe, P.P. came forward and was sworn in by Mr. Brady. He reviewed his qualifications and was accepted by the Board as an expert in his field. Mr. McCabe testified that he is very familiar with the farm and the topography. He described the architectural aspects of the proposed riding arena and that it meets the standard for a farm structure. He testified that pole barns are becoming more common in New Jersey and it makes sense to have a covered training area for reason previously state by M. Lori Nuzzo. The barn will be connected to the arena with a “pass through” so that the horses don’t have to go outside in the bad weather. It is properly fitted to the site and will not be visible from the road. The structure will be used exclusively for training.
Mr. McCabe proceeded to discuss the zoning requirements and that the application has met all setback requirements and no variances are needed. He referenced various ordinances and the Fredon Master Plan and testified that the proposal complies with all of the zoning ordinances and the Master Plan. Mr. Boland asked if the Board had any questions for Mr. McCabe. Mr. Brady asked if this was a permitted use or a conditional use and if the proposal complies with all of the conditions under Ordinance 550-50 section D. Each item in this section was discussed and addressed. Ms. Banyra, P.P. reviewed her report dated July 19, 2020 and she stated that she agrees with Mr. McCabe that the proposal meets the definition of a permitted use. She asked about the landscaping and screening plans and the location of the proposed trees. Mr. McCabe described the details of the plan and why he felt it was better to have them against the barn since they are fast growing and there is already a heavy tree line on the property. The existence of two buildings on the southwest area of the property was noted.
Mr. Charlie Nuzzo came forward and was sworn in by Mr. Brady. Mr. Nuzzo was questioned about the outbuildings. He stated that they are currently used. One is a run-in shed, one is a used for retired horses, and 2 other sheds are used for hay storage and supplies. He testified that they were present when they bought the property. They were previously used, and his farm has continued to use them. They have been repaired through the years and they will continue to be used as is. Mr. Cavalierre asked Mr. Ferriero to address the distance from the neighbors property – which he stated is about 110 feet.
Mr. Boland asked if there were any questions from the Board at this time. There were none.
Mr. Simmons continued to review his report with regards to Zoning, noting no issues were found. The applicant testified that they contract with a company regarding the storage and disposal of manure. They do intend to spread manure in the pastures at times. Minimal lighting is will be provided on a dusk to dawn light. Mr. Simmons stated that Mr. Ferriero provided a revised plan regarding stormwater. This was discussed in detail and Mr. Simmons suggested that the scour hole be moved to at least 40 ft. off of the property line to accommodate the neighbors. Mr. Ferriero agreed to make that change. Mr. Simmons stated that the Recharge still needs to be addressed. Mr. Ferriero responded that he feels that he is meeting the intent of the requirement but he will work with Mr. Simmons to address any concerns. Mr. Boland asked for any questions from the Board. There were no questions at this time.
Mr. Boland opened the meeting to the Public.
Ms. Megan Ward, Esq. came forward. She is representing adjoining property owners, Penny and Michael Holenstein, 15 Duke of Gloucester. Ms. Ward questioned the zoning and setback requirements of the proposed arena. She questioned Ms. L. Nuzzo about the cupolas on top the building and whether they were still planned and the impact they have on the overall height of the building. Ms. Nuzzo stated that they were planned and they are between 12 – 18 inches tall. The height of the building to the ridge is 29 feet, plus the cupola. Ms. Ward asked both Mr. Ferriero and Mr. McCabe if they have ever been to the site. Both stated yes. Ms. Ward questioned why the dilapidated buildings were not shown on the plan, since the application is for a site plan which should show existing buildings. Mr. McCabe stated that they requested waivers since it was not logical to show everything on the property. Ms. Ward questioned the setback of the outbuildings. Mr. McCabe stated that the setback for outbuildings is 35 feet, but that these buildings were grandfathered in. Ms. Ward questioned Mr. Nuzzo about the existing buildings. Mr. Nuzzo testified that a complaint was filed against him in the late 1990’s. He went to court, paid a fine, and noted that the buildings were grandfathered in. Ms. Ward asked if they were relocated and if any changes had been made to them. Mr. Nuzzo stated that all of the was discussed and handled in court. Mr. Nuzzo showed the location of the outbuildings on the drawings and noted that the tree line does not match the property line. Ms. Ward cross-examined the property owners and their professional team regarding the number of horses to be boarded on site, height, visibility and lighting of the new arena. It was agreed that the lighting on the building will be addressed during the building process and will be redirected away from the Holenstein property as much as possible. In response to Ms. Ward, Mr. McCabe testified that the wetlands do not have any impact on the number of horses allowed on the property. Ms. Ward requested a break to confer with her clients.
Ms. Ward questioned Mr. Nuzzo regarding his building permit for 4 additional barn stalls. Mr. Nuzzo stated that he applied for zoning and building permits for the additional stalls, and that the pole barn is a separate application. He pulled his original application for the indoor riding arena and the barn after he was informed that he needed to convert the application from a minor to a major site plan. He proceeded with the building permit for the barn to simplify and speed things up.
Ms. Ward called Mr. Michael Holenstein forward. Mr. Holenstein, 15 Duke of Gloucester, was sworn in by Mr. Brady. He stated that he is the owner of the property and has lived there since. He was asked to show the Board the boundaries of his property on Exhibit A-1. His testimony included the location and condition of the existing buildings near his property owned by Mr. Nuzzo. He testified that the zoning violations regarding the outbuildings were never resolved and remain an open violation. Exhibit H-3 (photos taken by Mr. Holenstein of the outbuildings showing a progression of reconstruction from March 2001). According to Mr. Holenstein, he requested Mr. Nuzzo relocate the sheds, but Mr. Nuzzo declined. Questions regarding the admissibility of Exhibit H-3 were resolved. An OPRA request regarding the zoning files was entered into evidence as Exhibit H-4. Included in this packet were violations, court documents, and correspondence between the Agricultural Board, County, State and Fredon. A discussion regarding the impact this project will have on the wetlands was discussed. Mr. Holenstein is also concerned about lights shining on their house.
Mr. Cavaliere came forward to question Mr. Holenstein. He questioned the validity/completeness of the exhibits presented by Mr. Holenstein. The lawyers discussed this in detail and resolved the issues to allow for the exhibits to be included in testimony. Mr. Cavaliere stated that he does not think that the issues with the outbuildings should be part of this application. There is a mechanism in town to handle this type of violation, therefore any problems with the sheds should not be considered. Mr. Cavaliere asked Mr. Holenstein if he wanted the Board to deny the application. He stated that he was not suggesting that, but would like for changes to the application be considered. Mr. Brady stated that if the application is approved, this matter regarding the shed violations needs to be addressed.
Mr. Boland asked if there were any additional comments from the Public. No other comments. It was closed to the Public.
Mr. Cavaliere summarized the project stating that application is for a pole barn on a horse farm, it is a permitted use and complies with the Master Plan of Fredon.
Mr. Boland opened it up for discussion/comments from the Board. Mr. Andrews questioned whether the application for the pole barn can be approved/denied considering the problems with the sheds on the property. Mr. Brady stated that if the application is approved, a condition can be added that the status of the shed violations be investigated. They should be treated separately, but connected. Mr. Lazzaro commented that the charges are over 20 years old and the issue will come up again if not resolved properly at this time.
Mr. Brady highlighted the following conditions, if approved.
-Must comply with manure management plan.
-Mr. Simmons and Mr. Ferriero will coordinate the Stormwater Management system.
-Conditions highlighted in Mr. Simmons report.
-No shows or events are permitted.
-Review and adjust the lights as it related to the Holenstein property.
-Resolve the shed issues.
Mr. Andrews made a motion to approve the application based on the requirements and conditions discussed. Mr. Passafaro second. Roll Call vote: In favor: Boyle, Lazzaro, Prommel, Erb, Passafaro, Andrews, and Boland. Opposed: None. So moved
OTHER BUSINESS
None
LIAISON REPORTS
Environmental Committee
No meeting. No Report
Township Committee
Mr. Lazzaro stated that it has been fairly quiet in town. Issues with Bear Brook events continued to be discussed. Plans are being discussed for Altice and Planet Networks to run lines through Fredon to Blairstown with the hope that Fredon will have increased internet speeds.
There being no further business before the Board, a motion was made by Ms. Prommel to adjourn at 11:20 P.M. Mr. Andrews second. All in favor. So moved.
Respectfully submitted,
Patricia Carlson
Land Use Board Secretary