Township of Fredon
Land Use Board Meeting Minutes

Meeting Minutes
August 21, 2017

MEMBERS PRESENT: Boyle, Holenstein, Lazzaro, Masi, Prommel, Richardson, Rome

MEMBERS ABSENT:  Andrews, Boland, Heine, Wilcox

ALSO PRESENT: Lyn Aaroe, Esq., Mr. David Simmons, P.E.
Mr. Masi called the meeting to order at 7:05 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 9:30 P. M.  No new testimony will be heard after 10:30 P. M.

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

Mr. Rome moved acceptance of the minutes for the July 17, 2017 meeting as posted and waived reading.  Mr. Boyle second.  Roll call vote: In favor: Boyle, Lazzaro, Masi, Prommel, Richardson, and Rome. Abstain: Holenstein.  Opposed: none.  So moved.

As shown on the attached agenda.



Ryan Application# 511-2017 “C” Variance Block 1001 Lot 15.61

Todd and Valerie Ryan, the applicants, came forward and the oath was administered by Lyn Aaroe, Esq.
Mr. Aaroe asked Mr. Ryan if he had received a copy Mr. Simmons report on the application for a 30’ x 30’ detached garage with significant cut into slope. Mr. Ryan affirmed. Mr. Aaroe asked if Mr. Simmons had performed a site visit. Mr. Simmons confirmed he had and then reviewed his report dated August 16, 2017, noting that the impact evaluation may require board discussion.

Mr. Ryan was asked to comment on impact evaluation, specifically slopes and drainage, use of the pole barn, and orientation of the building. Mr. Ryan state that Ray Bears, the contractor, would use perforated pipe and crushed stone to mitigate drainage issue. He plans to use a 4 foot wall rather than the 8 foot wall as submitted on plans. Relief is therefore not required for the height of the wall.

Mr. Aaroe noted that the pole barn and the wall applications should have been submitted to the code official at the same time. Mr. Rome asked Mr. Simmons if a 4 foot wall was adequate. Mr. Simmons affirmed that it would be. Mr. Lazzaro asked what the board was approving. Mr. Aaroe stated it was the wall and the building, that they were interrelated because of steep slope conditions. He asked if the lower wall has been brought closer to the structure. Mr. Ryan stated no. He also asked how the ground will be stabilized. Mr. Ryan stated topsoil and seed and let grow wild like the rest of their back yard with similar slope.

Mr. Aaroe stated the waivers for slope stability and completeness have been addressed. Mr. Richardson made a motion to grant waivers and find the application 511-2017 complete. Mrs.  Holenstein seconded. In favor: Boyle, Holenstein, Lazzaro, Masi, Prommel, Richardson, and Rome. Opposed: none.  So moved.

Mr. Simmons continued to review part II of the engineer’s report. Based on zoning for accessory structure, height, use, square footage, setbacks, etc. are all fine. The proposed building will be an area of 20% slope so is constrained land as defined by Ordinance 550-28.   Ryan noted the two garage doors will face Larkspur Lane, the siding will match existing building, and the use will be consistent with residential use.

Mr. Aaroe asked if there will be electricity to the building. Mr. Ryan stated that it would not for now. Mr. Richardson asked if the shed will stay in place. Mr. Ryan stated that it would for now. Mr. Aaroe stated that the safety concerns over a steep slope are being satisfied.

Mr. Masi opened the meeting to the public at this time. There was no one present from the public.

Mr. Lazzaro made a motion to approve waiver request. Mr. Richardson seconded. . In favor: Boyle, Holenstein, Lazzaro, Masi, Prommel, Richardson, and Rome. Opposed: none.  So moved

Mr. Aaroe stated the applicant can waive the right to wait until resolution is adopted to begin construction. Waiver was signed.




Environmental Committee
The Environmental Commission did meet to review application #511-2017, but Mr. Boyle was not there.

Township Committee
The purchase of a new piece of fire apparatus has been set in motion. The ordinance will be introduced at the next meeting.

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

Respectfully submitted,

Suzanne Boland
Planning Board Secretary