Land Use Board Meeting Minutes September 19, 2022

FREDON TOWNSHIP LAND USE BOARD

September 19, 2022

MEMBERS PRESENT:      Boland, Boyle, Conklin, Erb, Lazzaro, Passafaro, and Wilcox

MEMBERS ABSENT:         Andrews, Holenstein, Deitz, Prommel, and Rome

ALSO PRESENT:                Mr. Robert Correale, 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 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

Mr. Lazzaro moved acceptance of the minutes for the July 18, 2022 meeting as posted and waived reading.  Mr. Boland second.  Roll call vote: In favor: Lazzaro and Boland. Opposed: None.  So moved.

CORRESPONDENCE

As shown on the attached agenda.

RESOLUTIONS

None

ADJOURNED CASES

None

HEARING OF NEW CASES

None           

OTHER BUSINESS

Solar Ordinance

The Solar Ordinance had previously been approved pending a re-write in the Fredon Ordinance format. Mr. Boland asked if any anyone had any issues or comments regarding the re-write of the ordinance. There were no comments. Ms. Erb motioned to send the Solar Ordinance as written to the Township Committee for review. Mr. Passafaro second. Roll call vote: In favor: Boyle, Lazzaro, Wilcox, Erb, Conklin, Passafaro, and Boland. Opposed: None. So moved.

In-Law Suite Ordinance

The In-Law Suite Ordinance had previously been approved pending a re-write in the Fredon Ordinance format. Mr. Boland asked if any members had any comments or concerns with the re-write. There were no comments. Mr. Boland opened it up to the public. Mr. Neil McCaffrey, 636 Route 94 came forward and asked about how it would affect his current rentals. He was given a copy of the ordinance and after a quick discussion, he didn’t have any concerns regarding it. The meeting was closed to the public. Mr. Conklin motioned to send the In-Law Suite Ordinance as written to the Township Committee for review. Ms. Wilcox second. Roll call vote: In favor: Boyle, Lazzaro, Wilcox, Erb, Conklin, Passafaro, and Boland. Opposed: None. So moved.

Short Term Rental Ordinance

Mr. Boland opened the discussion with comments from Mr. Robert Correale, Esq. who was filling in for the Land Use Board attorney, Mr. David Brady. He read some of the notes from Mr. Brady regarding the definition and length of time of short term rentals. Mr. Lazzaro stated that the intent of the Township Committee was to limit weekend rentals. Mr. Boland stated that a local tax on short term rentals should be part of the ordinance. Concerns regarding liability, especially in lake communities, as well as whether limits could be imposed on the number of people, or age of renters were discussed. Mr. Correale stated that an age restriction could be a problem for the municipality, although the owners could add their own restrictions. The Board is concerned that if these issues are not addressed properly, we could have more problems in the future as the number of short term rentals increases.

Mr. Boland opened the meeting up to the Public. Mr. Tom Knutelsky, 20 Westbrook Rd, came forward to inform the Board of some of the issues his community has endured due to a short term rental property in their neighborhood, including large groups, loud noise, garbage left out for the bears to get into, as well as safety issues with the lake/pond in their community. The owner lives in New York and has someone come during the week to clean up from the weekend. Mr. Knutelsky also questioned whether a short term rental is considered a commercial use in a residential area.

The Board has concerns regarding enforcement of the ordinance as written. Mr. Neil McCaffrey, 636 Route 94, came forward about enforcement issues as well.

Mr. Boland closed the meeting to the Public. A decision was made to send the ordinance to Mr. Brady for comments before it is sent back to the Township Committee.

Master Plan Process

Mr. Boland stated that the Master Plan is scheduled to be revised in 2023. A Committee will be formed in November/December to look at the current master plan and to determine what changes need to be made. The process will include taking public comments. The Board members had no additional comments at this time. Mr. Boland opened it up to the Public. Ms. Laura Ciccolella, 21 Westbrook Rd, came forward and asked when the public comment would be held. Mr. Boland stated that it would be in the Spring of 2023 and public notice will be given when it is time. Ms. Ciccolella stated that her concern is regarding warehouses in our area. Mr. Neil McCaffrey came forward to discuss his concerns on mega-warehouses in Sussex County. The proposed mega-warehouse in Sparta will affect many communities in the county, including Fredon, due to increased road traffic. Mr. McCaffrey suggested that the Township Committee send a letter to Sparta showing support for denying the proposed mega-warehouse. Mr. McCaffrey will propose this to the Township Committee at their next meeting. The meeting was closed to the public.

LIAISON REPORTS

Township Committee

Mr. Lazzaro stated that it has been relatively quiet in the Township lately, therefore there is nothing to report.

Environmental Committee

Mr. Boyle stated that the Coordinator from the Paulins Kill Watershed Initiative made a presentation at their recent meeting. Fredon has agreed to work with them on a roadside cleanup scheduled for September 24, 2022.

There being no further business before the Board, a motion was made to adjourn at 8:35 P. M.  All in favor.  So moved.

Respectfully submitted,

Patricia Carlson

Land Use Board Secretary