Township of Fredon
Zoning Board of Adjustment Meeting Minutes

MEMBERS PRESENT:          Wilcox, Weber, Ennis, Masters, Boland, Sappio, Holenstein,
                                                    Carstens

MEMBERS ABSENT:             Andrews

ALSO PRESENT:                    David Soloway, Esq.
                                                    David Simmons, P.E., L.S.
                                                    Eileen Banyra, P.P.

Co-Chairman Carstens called the meeting to order at 7:35 P.M. with the statement that this meeting is in compliance with the Open Public Meeting Act, Public Law 1975, CH 231, Section 4.
Mr. Carstens invited those present to participate in the salute to the flag.

MINUTES:
Mr. Ennis moved acceptance of the minutes for the October 11, 2011 meeting as posted and waived reading.  Mr. Boland second.  Roll call vote:  In favor, Wilcox, Weber, Ennis, Masters, Boland, Sappio, Carstens.  Opposed, none.  So moved.

CORRESPONDENCE:
As shown on the attached agenda.

RESOLUTIONS:
Tierney Veliz Benefit, Block 2203, Lot 1, ‘C’ Variance, Application # 502
Ms. Wilcox moved to approve the resolution granted at the October 11, 2011 meeting. Mr. Masters second. Roll call vote:  In favor, Wilcox, Weber, Ennis, Masters, Boland, Sappio, Carstens. Opposed, none.  So moved.
HEARING OF NEW CASES:
None

HEARING OF ADJOURNED CASES:
County Wicklow Holdings, LLC, Block 108, Lot 28, Preliminary Site Plan/Use Variance (Solar Project), Application # 501 (Continuation)
Mr. Sweeney and Mr. Byrne were accepted as still under oath.
Mr. Dykstra presented Exhibit A-2, Site Layout, Exhibit A-3, Tree Clearing and Replacement and Exhibit A-4, Set of Photographs, 6 pages.
Mr. Soloway reminded Mr. Dykstra that certain materials must be submitted 15 days prior to the meeting date in order for all plan revisions to be reviewed, not a couple of days before the meeting date.
Mr. Ennis agreed and felt that the board was not given enough time to review the revisions.
Ms. Wilcox suggested hearing what is presented tonight, but have more time than tonight to review.
Mr. Simmons explained that he and Mr. Dykstra met at the site and viewed the map of the site, but did not have time to report on it.
With that being said, the board agreed to proceed.
Mr. Dykstra informed the board that the solar panels will be reduced from 14,175 panels to 12,200 panels. The reduction of panels will be adding greater access for fire trucks. Additional setbacks will also be added to the Caruso property.
Block 801, Lot 22 and Block 801, Lot 19 were discussed regarding water runoff. Mr. Dykstra explained that a burm will be created and will have evergreens planted along it. The Stormwater Report will also be updated.
Mr. Soloway addressed the sound study and asked if it will comply with the NJDEP regulations. Mr. Dykstra answered yes.
Mr. Ennis asked if there will be storage of electricity at the site. Mr. Dykstra affirmed that there would not be.
Mr. Terranova spoke about the size of the poles being used. He remarked that they are a 40 foot pole and added that a representative from JCP&L determines where the poles will be placed and what the poles will look like. Much discussion ensued regarding the height of the poles.
Exhibit A-5 was presented. A-5 is a print of the JCP&L Manual which shows the typical construction of poles.
Mr. Soloway reminded the applicant’s professionals that they need to show reasons why the solar farm would be inherently beneficial. Also needed is to show negative criteria or lack of negative criteria.
Mr. Dykstra expressed that the solar farm poses no substantial detriment to the Master Plan or to the Zoning Plan. He feels the location is not suited for residential use. He added that the increased buffering and added burm will negate the negative criteria. The project will only be visible by two residences.
Mr. Ennis questioned Mr. Dykstra’s view on this project. He reminded all present that the Fredon Township Master Plan was cited for its thoroughness by the NJ Planning Commissioners.
Mr. Sappio asked if the property will remain farm assessed. Ms. Holenstein explained that if you have solar for farm use, it is still farmland, and it will remain farmland assessed. If not, it will no longer be farm assessed.
Ms. Banyra asked Mr. Dykstra if he looked at the Master Plan in regard to this application.  Mr. Dykstra answered yes. Ms. Banyra addressed the number of pages dedicated to the MUMD. She revealed that she is in favor of solar power, but not in favor of this site, smack in the middle of the MUMD and in direct opposition of the Master Plan.
Mr. Sweeney recapped Mr. Dykstra’s testimony and concluded his testimony.
Mr. Carstens opened the meeting to public discussion.
Mr. Caruso addressed the landscaping buffer and the burm and is concerned that there is no agreed plan as of yet. He is also concerned about the driveway entrance into the proposed buffer area.
Mr. Caruso read his letter into the record.
Mr. John McDougall was sworn in for testimony. He is the owner of Block 801, Lot 22.
Rebukkah McDougall thanked Mr. Carstens for visiting their property. She stated that she is happy that the runoff will be addressed. She asked if changes will be made to the Soil Erosion and Sediment Control Plan. Mr. Soloway stated that revisions will have to be submitted.
Ms. Banyra mentioned that an adequate landscape plan will also need to be submitted.
Mr. McDougall expressed his concern that if he decides to leave Fredon, no one will want to buy his house.
Mr. Carstens closed public discussion.
Ms. Wilcox remarked that information was given to the board at such a late notice and added that she would like to hear from the experts when they have had ample time to review the revisions.
Mr. Carstens agreed. Mr. Simmons responded that there are too many issues to review and he cannot comment until he has more information. He would also like to see a set of full sized plans.
Mr. Soloway declared that a deadline (as to submission in a timely fashion in order to be heard) must be put into place. Mr. Sweeny would also like advance receipt of reports from professionals.
Mr. Sweeney asked that the application be carried until the December 13th meeting date.
It was agreed that submission be made by December 1st, 3 sent directly to professionals and the remainder to the board.
Ms. Banyra asked for specifics on the type of panels. Mr. Dykstra agreed to supply this.
Mr. Carstens announced that the meeting will be carried to December 13th, 7:30 PM.

OTHER BUSINESS:
None

PLANNING/ZONING LIAISON REPORT:
Mr. Boland reported that the Karen Ann Quinlan Resolution has been approved.

There being no further business to come before the board, Ms. Wilcox motioned to adjourn the meeting at 9:33 P.M., Mr. Boland second.  All in favor.  So moved.
 

Respectfully Submitted,
Lori Schutte
Zoning Board of Adjustment Secretary

MEMBERS PRESENT:          Wilcox, Weber, Ennis, Masters, Boland, Sappio, Holenstein, Carstens, Andrews
 
 
MEMBERS ABSENT:             None

ALSO PRESENT:                   David Soloway, Esq.
                                             David Simmons, P.E., L.S.
                                             Eileen Banyra, P.P.

Chairman Andrews called the meeting to order at 7:33 P.M. with the statement that this meeting is in compliance with the Open Public Meeting Act, Public Law 1975, CH 231, Section 4.
Mr. Carstens invited those present to participate in the salute to the flag.

Mr. Soloway read into the record that Chairman Andrews has listened to the recording of the minutes from November 8, 2011 and is eligible to vote.

MINUTES:
Mr. Masters moved acceptance of the minutes for the November 8, 2011 meeting as posted and waived reading.  Mr. Boland second.  Roll call vote:  In favor, Wilcox, Weber, Ennis, Masters, Boland, Sappio, Carstens, Andrews.  Opposed, none.  So moved.

CORRESPONDENCE:
As shown on the attached agenda.

RESOLUTIONS:
None

HEARING OF NEW CASES:
None

HEARING OF ADJOURNED CASES:
County Wicklow Holdings, LLC, Block 108, Lot 28, Preliminary Site Plan/Use Variance (Solar Project), Application # 501 (Continuation)
Mr. Sweeney was accepted as still under oath.
Ms. Banyra gave Mr. Sweeney and Mr. Dykstra a copy of her report and time was given for them to review it. Mr. Sweeney stated that he is in agreement with the report and then gave an overview of what had been discussed previously. Mr. Sweeney spoke about the latest revisions that have been made.
Mr. Dykstra handed out a copy to all board members of Exhibit A6, a colorized rendition of the site layout. Mr. Dykstra discussed the changes: more buffering to the McDougall and Caruso properties, the reduction of panels to 8,300, and lower megawatts. He explained that the tree line buffering will include 117 landscaping plants on the McDougall’s property and 60 plantings on the Caruso property for a total of 177 replacement trees. (Revised Exhibit A7 was shown at this time.) The eight acres remaining will
 

exist as is. The drive for the fire trucks has been lengthened and the sound report will be lower at the property line.
Mr. Ennis asked for clarification regarding the eight acres that will be left. Mr. Sweeney stated that the applicant is not looking to develop this piece, nor is he keeping the acreage as a reserve for this project.
This concluded Mr. Sweeney’s testimony.
Mr. Ennis questioned the site as inherently beneficial and asked if the site is particularly suited to this property. Mr. Dykstra addressed the question and added that the site is only visible to the 2 parties, McDougall and Caruso, is an open field with good sun exposure and is well hidden to the public.
Mr. Terranova related that he had a professional look at the property and give their opinion. They alluded that it was an ideal site. Mr. Terranova expressed that he wanted the board to be aware of the fact that it only involves 12 acres of the Master Plan.
Mr. Sappio asked if any provisions have been made if the site is left abandoned. Mr. Sweeney spoke that it will be addressed as a condition in the resolution.
Mr. Simmons reviewed his report and remarked that the berm needs to be a maximum of five feet high. He added that the purpose of the berm is to provide some storage of water, not to stop the water. He mentioned that it will also give the proposed vegetation a boost in growth.
Mr. Andrews addressed the placement of trees on the Caruso property and asked if it will remain wild.
Mr. Sweeney detailed that Mr. Caruso may have the option to buy the property at some point. Mr. Simmons will have the ultimate responsibility over where the trees will be planted.
Ms. Wilcox specified that her concern is more about meeting the need of the amount of trees planted, not in where they are to be planted.
Mr. Caruso took the stand and commented that he has no discretion over what will happen with the eight acres. He feels that the team has done a great job with this project so that it will have minimal impact on him.
Discussion was opened to the public. With none being had, public discussion was closed.
Mr. Soloway then explained the Sica Balancing Test and how it is used in reference to reviewing applications for inherently beneficial uses.
Ms. Wilcox asked the board members for their input on why this should be approved. Mr. Sappio remarked that it is either this, or houses. Mr. Ennis recounted that by granting this variance for a foreseeable 25 year period based on the life of the arrays, we are changing the Master Plan and its intended use.
No other discussion was held.
Ms. Wilcox made a MOTION to grant Preliminary Site Plan/Use Variance approval as presented by the Site Plan dated 12/13/11. Roll call vote:  In favor, Wilcox, Weber, Ennis, Masters, Boland, Carstens, Andrews.  Opposed, none.  So moved.
Mr. Ennis made a MOTION to grant a ‘C’ variance to allow an eight foot fence around the site. Mr. Boland second. Roll call vote:  In favor, Wilcox, Weber, Ennis, Masters, Boland, Carstens, Andrews.  Opposed, none.  So moved.

OTHER BUSINESS:
None

PLANNING/ZONING LIAISON REPORT:
Mr. Boland reported that the proposed solar ordinances were discussed at the last meeting.
 
There being no further business to come before the board, Ms. Wilcox motioned to adjourn the meeting at 9:17 P.M., Mr. Boland second.  All in favor.  So moved.
 

Respectfully Submitted,
Lori Schutte
Zoning Board of Adjustment Secretary