Township of Fredon
Planning Board Meeting Minutes

MEMBERS PRESENT: Rusnock, Richardson, Rusnock, Prommel, Palombi, Lazzaro, Miller, Green

MEMBERS ABSENT:  Rome, Boland, Woolen

PRESENT: Lyn Aaroe, Esq.
 David Simmons, P. E.
                                                Eileen Banyra, P.P.
 
Lyn Aaroe, Esq., acting as Chair Pro Tem called the meeting to order at 7: 32  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, there must be representation by an attorney.  No new applications will be heard after 9:30 P. M.  No new testimony will be heard after 10:30 P. M.

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

Re-appointed members Mr. Rusnock, Mr. McCarrfey, Mr. Palombi, Mayor or designee Mr. Lazzaro, Township Committee member Mr. Richardson and Citizen/Township Government member Ms. Prommel were sworn in and welcomed at this time.

Mr. Aaroe spoke of the continuation of Mr. Green’s position as Chairperson, noting that the bylaws state a term of two years as Chairperson of the Board.  He added that it had been considered in the past, for reasons of continuity with an ongoing application that the chairperson should continue in that position.  Mr. Green spoke of the importance of the development of Board members so as to facilitate them eventually becoming Vice-Chair and Chair.

Board members expressed that they would like to see Mr. Green remain in the Chairperson position to provide continuity and for the purposes for mediation.

 Mr. Richardson made a motion to waive Chapter IV Section 1(b) of the Fredon Township Planning Board By-Laws to allow Mr. Green to continue as chairman.  Mr. Miller second.  Roll call vote: In favor, Rusnock, Richardson, Prommel, Palombi, Miller.  Opposed, none.  Abstain, Green.  So moved.

Mr. Aaroe opened the floor for nominations for Chairman of the Planning Board for the year 2011.  Mr. Miller nominated Mr. Green.  Mr. Richardson second.  A motion for nominations to be closed was made by Mr. Miller. Mrs. Prommel second.  Roll call vote: In favor, Rusnock, Richardson, Prommel, Palombi, Miller, McCaffrey.  Opposed, none.  Abstain, Green.  So moved.

Mr. Green opened nominations for Vice Chairman.  Mr. Richardson nominated Mr. Miller. Mr. Palombi second.  A motion for nominations to be closed was made by Mr. Rusnock. Mrs. Prommel second.  Roll call vote:  In favor:  Rusnock, Richardson, Prommel, Palombi, Green, McCaffrey. Opposed:  none.  So moved.

Chairman Green called for nominations for Planning Board Attorney. Mr. Richardson nominated Mr. Lyn Aaroe.  Mr. Palombi second.  A motion for nominations to be closed was made by Ms. Prommel. Mr. Miller second.  Roll call vote: In favor, , Rusnock, Richardson, Prommel, Palombi, Miller, Green, McCaffrey Opposed, none.  So moved.

Nominations for Planning Board Engineer were called for by Chairman Green.  Mr. Green nominated Mr. David Simmons of Harold E. Pellow & Associates.  Mr. Richardson second.  Mr. Green made a motion to close nominations.  Ms. Prommel
 

second.  Roll call vote: In favor, Rusnock, Richardson, Prommel, Palombi, Miller, Green, McCaffrey. Opposed, none.  So moved.

Chairman Green opened nominations for Planner.  Mr. Miller nominated Ms. Eileen Banyra.  Mr. Richardson second. Mr. Green made a motion to close nominations.  Ms. Prommel second.  Roll call vote: In favor, Rusnock, Richardson, Prommel, Palombi, Miller, Green, McCaffrey. Opposed, none.  So moved.
 
Chairman Green called for nominations for Secretary.  Mr. Green nominated Lori Schutte as secretary.  Mr. Richardson second.  Mr. Miller made a motion to close nominations.  Mr. Rusnock second. Roll call vote: In favor, Rusnock, Richardson, Prommel, Palombi, Miller, Green, McCaffrey. Opposed, none.  So moved.

Mr. Richardson made a motion to approve Special Consultants Penelope Althoff, Hydrogeology and John Thonet, P.E., P.P., Environment, for the purpose of the Martin litigation. Ms. Prommel, second. All in favor.  So moved.

Mr. Richardson moved the Official Newspapers and Legal Newspapers, The New Jersey Herald and the Sunday New Jersey Herald.  Mr. Miller second.  All in favor.  So moved.

Mr. Green made a motion to approve the schedule of meeting dates. Mr. Richardson second.  All in favor.  So moved.

Mr. Miller made a motion nominating Mr. Boland as the Board of Adjustment liaison. Ms. Prommel second.  All in favor.  So moved.

Mr. Richardson made a motion nominating Mr. Rome as the Environmental Commission representative.  Mr. Miller second.  All in favor.  So moved.

MINUTES
Ms. Prommel moved acceptance of the minutes for the February 15, 2010 meeting as posted and waived reading.  Mr. McCaffrey second.  Roll call vote: In favor, Rusnock, Richardson, Prommel, Palombi, and McCaffrey.  Opposed, none.  So moved.

CORRESPONDENCE
As shown on the attached agenda.

RESOLUTIONS
 Memorializing Resolution, Michael J. Giordano, Block 404, Lot 26.05, Settlement of a (Two Lot) Minor Subdivision and the Grant of Certain Bulk Variances Ancillary Thereto Application No. 2006-05
This resolution was tabled and not adopted in order to investigate and address Mr. Clark’s position that the construction of the common driveway improvements should not be tied to the signing and release of the subdivision perfection deeds but, rather, to issuance of a Certificate of Occupancy (CO).

ADJOURNED CASES
None

HEARING OF NEW CASES
Karen Ann Quinlan Hospice, Application # 360, Block 2005, Lot 9,
Preliminary Site Plan Approval with Conditional Use Approval & Bulk Variance
Michelle Corbett-Rivielle introduced herself on behalf of Dolan & Dolan.
Owen Dykstra of Dykstra Associates and Frank Warr, Architect, were sworn in at this time.
 

Mrs. Quinlan was sworn in and gave testimony as to why hospice was founded.
She spoke that she was inspired by her late daughter Karen to find a way to provide for families to care for their terminally ill family members in the late stages of their lives.

Mr. Simmons began reading his report into the record. Questions arose as to where the signage will be located and how it will be lit. Mr. Warr explained that one sign will be posted at the entrance to the parking lot and will be lit with down lights. There will not be signage posted on the building.
Ms. Banyra reviewed her report and spoke that the purposed use of the property as an institutional use is permitted in the AR zoning district as a conditional use. She deemed this application appropriate to be heard before the Planning Board and not the Zoning Board. Mr. Aaroe agreed and deemed that the proposed building is a medical institution.
Mr. Warr summarized Ms. Quinlan’s goal for the property, to take advantage of the views and create a homelike experience for the terminally ill.
Mr. Warr presented the floor plan of the proposed building and a picture depicting the building in its completion. Ms. Banyra asked why the building needs to be 32 foot tall. Mr. Warr stated that the intention is to keep a residential look, which he feels is more appealing.
Mr. Aaroe asked how far back from the road is the closest part of the building. Mr. Warr answered 115 feet.
Questions arose as to how often EMS vehicles will be on site. At this time, John Quinlan was sworn in. He disclosed that a patient may come in for the sole purpose of giving their care giver a rest. At this point, they may be transported in by ambulance. They also may be brought in by ambulance from a hospital or care center.
Mr. Simmons continued with his report. Much discussion held regarding lighting.
Mr. Warr reassured everyone that the patio lights will be off from dusk to dawn. Mr. Richardson asked if there will be lighting protection on the cupola. Mr. Warr answered that there is none at this point. Mr. Miller suggested not lighting the cupola at all.
Mr. Simmons report continued with landscaping. Mr. Green voiced concerns with the proposed landscaping looking commercial. He recommended that it be made more rural. Ms. Prommel agreed and added that some of the landscaping choices are food for the deer and some trees will require constant trimming.

At 9:35 a short recess was called. The meeting reconvened at 9:43.

Mr. Dykstra addressed the site plan and spoke how the garage that is depicted on the drawing will possibly start as a shed. In the future and as funds allow, the garage will be added.

Mr. Green opened the floor for public comment at 9:59.

Russ Avarella, 27 Fairview Hill Road, spoke that he believes this will have a tremendous impact on the area. He asked who the view is really for. He stated it can’t be for the patient, it must be for the staff because the patients are terminally ill at this point. Mr. Avarella asked how many acres will be cut. Mr. Dykstra answered approximately two and a half (2 ½) acres.
Mr. McCaffrey asked why the building could not be placed further back on the property. Willard Klemm was sworn in at this time. Mr. Klemm answered that he chose this spot because he does plan to continue to farm the land. He added that if the building was moved further to the back of the property, the shale would not allow for a septic to be installed. Mr. Green suggested planting a couple of trees to break up the roof line profile.
Jeff Chrisman, 620 State Rt. 94 S., spoke that when he heard Mr. Warr say that traffic impact will be nominal, he felt insulted. He feels it will be a major problem. Mr. Avarella added that when farm equipment is on the road in that spot even now, it
 

creates a dangerous problem. He stated that when emergency vehicles are coming and going from the hospice center and farm equipment is on the road, the motorists will have nowhere to go.
Scott Lewis, 31 Fairview Hill Road, spoke that he was told by the DEP that he has a Category 1 stream on his property. He presented Mr. Dykstra with an aerial photo of the stream and how it may appear to flow through the proposed building. Mr. Dykstra will look into this further. Mr. Lewis addressed the traffic and estimated that there will be an additional 1,920 vehicles on the roads from the hospice center with people coming and going, EMS vehicles, deliveries, staff, etc. He then addressed the septic and asked how many beds are allowed on the septic system. Mr. Dykstra stated that it is set up for 10 beds. Mr. Lewis expressed his concern over the septic handling 10 patients, 10 family members and the staff. He then mentioned the medical waste and asked if it will be flushed into the septic. Mr. Dykstra responded that the medical waste is contained and not put in the septic.

At 10:35, Mr. Green remarked that enough discussion was held for the evening. With that being said, Mr. Richardson made a motion to carry the application to be continued on Monday, March 21, 2011, with no further Notice needed. Mr. Miller second. All in favor. So moved.

Mr. Green addressed Mr. Warr and Mr. Dykstra and spoke that he has issues of major concern: the storm water management needs to be updated, number of beds for septic size, significant concerns with regard to traffic, the shed vs. garage, the C1 stream and how the liquid medical waste is disposed.

At 10:44, the public left the meeting. Mr. Rusnock stepped down as an adjoining property owner.

At 10:46 P. M. Ms. Prommel made a motion to enter into EXECUTIVE SESSION for reasons regarding a matter of ongoing litigation. Mr. Richardson second. Roll call vote: In favor, Richardson, Prommel, Palombi, Miller, Green, McCaffrey. Opposed, none. So moved. The resolution regarding the Open Public Meetings Act- Executive Session was read into the record, noting ongoing litigation as the subject.
_____________________________________________________________________________

EXECUTIVE SESSION

The Martin litigation was discussed.

Upon Motion by Mr. Miller, with second by Mr. Richardson, members of the Planning Board moved out of EXECUTIVE SESSION at 11:08 p.m.  All in favor.  So moved.
 

OTHER BUSINESS
None

LIAISON REPORTS
Township Committee
Mr. Richardson reported that normal discussion took place.

Zoning Board
No Report

Environmental Commission
No Report
 

There being no further business before the Board, Ms. Prommel made a motion to adjourn at 11:34 P. M. Mr. Palombi second.  All in favor.  So moved.
 

Respectfully submitted,
Lori Schutte
Planning Board Secretary