e e we on we're on okay everyone welcome to the Bernard Township planning board meeting for May 7 2024 and we will begin the meeting with a salute to the flag pledge aliance flag States America stand Li and justice for all okay now we have an open public meeting statement which I shall read in accordance with the requirements of the open public meetings law of 1975 notice of this meeting of the planning board of the township of Bernards was posted on the bulletin board in the reception hall of the municipal building at one CER Lane Bas ging Ridge New Jersey was sent to the Burnsville news in whipy New Jersey and to The Courier News in Bridgewater New Jersey on February 7th 2024 it was also electronically mailed to all those people who have requested individual notice the following procedure has been adopted by the Bernard Township planning board there will be no new cases heard after 10 p.m. and no new Witnesses or testimony will be heard after 10:30 p.m. so hopefully we won't be here that late this evening but those are the rules so um roll call Miss ke certainly Mr Crane is recusing himself from hearing this application is not here Mr eorio Mr linski committee men MCN and Ms Master Angela who also indicated they are unable to attend uh chairman Demian here Mr kuzo here miss manduk here Mr sevil here Mr Rabino here Miss Smith here Mr toriello here uh Mr schy and for the record Miss keeper is present chairman you have a quorum you may proceed okay U Can I have a motion to excuse uh Mr Crane Mr diorio Mr ladzinski Mr MCN and who was the last one is Master Angelo miss Mr Angelo how can I forget I'll motion I'll make the motion second second okay we have uh Mr Seville and Mr qua all in favor I I opposed abstain thank you okay and now we're moving on to the next item of the agenda which is the public hearing uh the application is uh William and Virginia Karns Michael and Mary Francis vicaro um board application 24-2 which is block 162 lot 2.01 with the address of 174 South Finley Avenue this is a conditional use approval and is there an attorney or anyone who's GNA would you like to introduce yourself Pro I'm sorry Pro proos okay that works for me oh are you all are you all going to test tesy who's going to testify from the applicant side okay and then David I'll swear you into at the same time so if everybody can stand up and raise your right hand do we have to get their names uh we'll do yes I'll let you run this portion um do do you swear or affirm that the testimony you're going to give in this matter is the truth the whole truth nothing but the truth okay starting from the left we're going to move over can you state your name for the record okay thank you right and welcome our need 19 okay um so M Mr schy has a memo have you uh received a memo from Mr SCH congratulations so let's yeah I was gonna say Mr C just to make sure that that uh that all of the items that are contained in the May 1st report are addressed my suggestion would be that we take them in the order as as presented in the May 1 document and on page two uh under item 4 c um the the memo uh asks that the applicant shall demonstrate that adequate off street parking is available for the combination of the principal residential use and the apartment so if you can provide some testimony and and Enlighten the board on that there is a we cans parking area available right now does that satisfy your concern yes it does the next item is four is 4E um the the minimum size of apartment shall conform to FHA minimum unit size by bedroom count and it states the applicant should confirm compliance with this conditional use standard that's right we have grandar one think on address that is that right that wouldn't us typically be something that the Construction office looks at I don't even know what those standards are but and there may there may even be something that um in the construction code that supersedes or is more strict than the uh FHA unit size that would have to be complied with they've been there yeah I would just include that as a condition of was just about so would the applicant ulate consent to that as a condition of approval okay next would be item four it looks like H I just want to make sure that that you will stipulate as a condition that you you will comp comply to the extent that you will Pro certify annually by a form provided by the Z official that the conditions for theal use are still being satisf I'm sorry D do you need with respect to 5 a through C no I mean some of the well a couple things are numbers a couple have been testified in the opening testimony Mr Kern gave and the um the other ones are just uh well the relationship is there the other stuff has already been covered either on the plan or what's been testified to already all right so are we saying everything's your's been Safi yeah there were only a couple things that needed to be clarified um on now that addresses the additional use issues um which was number uh four in my memo number five there there's a few more conditional use requirements that are very Broad in general and apply to all conditional uses I don't know if the board wants to yeah there's um well for example number 5A is is that the preservation of existing natural resources on the site I think that's clear that you're not disturbing any land at all um number 5B is that safe and efficient vehicular and pedestrian circulation parking and loading are provided um we covered the off street parking I don't know if the Board needs to hear anymore it's going to function as it as no does the board have any other questions about the parking no um 5c is proposed screening Landscaping locations of structures and exterior lighting uh shall be considered nothing's changing from the existing condition and and 5D talks about the architecture of structures and things like that that really don't apply here um for a single family home um moving to comment number six in my memo there's a couple uh site plan related uh comments one I actually discussed with the applicant before the hearing 6A was just correcting some math it was off by 100 square feet but doesn't affect compliance with anything and and 6B was to provide a little more detail in the um in the submitted floor plan as to where the uh apartment meets up with the the principal residents so it's clear where that division is and where all the numbers begin and end and the applicant would agree to six am B yes the way it is okay comment number seven in my report talks about the um the County Planning Board review um I also did speak with the applicant's engineer Mr hollow's um yesterday afternoon he indicated that he did have a discussion with the county and verbally resolve the issues um there were two issues of concern um in the County's review one was the need for a right ofwe dedication um which if there was too much rideway required from the county it would affect the front yard setback and possibly trigger the need for a front yard setback variance uh that's not the case actually that's something you could see right from measuring off the plan the rideway already provides um enough so that the County's not going to be requiring any more there's already a 33t halfwidth existing and the other comment was to um uh the county wanted to see the sight distance at the driveway and to have any obstructions such as vegetation or whatever cleared from the site distance um Mr holl indicated to me that he's going to show that line on the plane and it will not require any uh clearing of obstructions because there wouldn't be any clearing in there I would just make that a condition of approval that um any um County concerns there shall be no significant clearing of vegetation or that you know maybe the board retains jurisdiction or something like that uh sometimes there's a case where the county wants to see you know entire Frontage of hedro with this and that um cleared and um according to the applicant and J they've already calculated what the site distance will be and there won't be any of that necessary here and that rounds out the other than comment eight regarding submitting digital copies of plans and comment nine the board standard conditions of approval as far as uh revising the making the minor plan revisions and uh obtaining permits and and closing out your your Co within certain time frame you already got a pretty good jump on that um so I applicant would agree to number eight n then in my memo I see head I need a verbal just to clarify uh based upon the cqu of the board's planner I want to confirm that the applicant is is okay with an approval subject to conditions number four number four e number four h number a number seven including this board retaining jurisdiction to address any County concerns conditions eight and conditions n right correct okay that's and live with your in-laws uh board have any comments any questions have a question about subsequent ownership I would love nothing more to have the sixth generation live in this house what my only concern is what happens if there's a change in down the road the last deep restriction or anything like that I'm I'm curious what is the plan is this I don't want to be marketed as an inlaw Suite would obviously be set up nicely for that what is the plan for subsequent home actually your ordinance addresses it as 2112 387 that it would it would not CH yeah the applicant stays with the applicant uh I guess we'll open up for public comment at this point yeah public comment please move come forward and introduce yourself with your address please keevin Clayton at 191 I also I think it's wonderful that the K's family could come together and hope to see a sixth and or a Seventh Generation but my only concern was and I'm a little late to the party because I deceive this but Nei here of folks came and asked me the question and that's the same question that Lauren asked because for example we have the kitchen and if I was in a position have my inlaws coming with may I would have L but not but to Lauren's point is when we and the currents move on down the road and the situation changes will it be a deep restriction that will allow only family members that will live in the house that's a good question and we'll have there's not required to be a deed restriction but it's in the ordinance that the use terminates and that's there's a um well there's two there's two things number one they have to provide an annual certification that they're still a compliance and then secondarily here's an ordinance that says when it's no longer when the conditional use because understand a conditional use is only permitted as long as the conditions are met the minute a condition is not a it's not the they have to be family M correct that's correct and if and if that situation changes then that kitchen would have to be removed they could not so let it to correct non that's correct it's right here I missed that sorry okay any other public comments no I guess we'll close the public comments session I guess at this point we'll look for a motion from the board does anyone like to make a motion on this application anyone I'll I'll make the motion um actually is uh so we'll make the motion conditional uh well we'll make the motion contingent on the conditional approvals that we mentioned here tonight and that would be for um application planning board 24002 block 1602 lot 2.01 uh anyone like to second that a motion second motion second I do that all the time okay uh guess we take a vote at this absolutely uh Mr kab yes let see where we're gonna go down M Mandu yes Mr Seville yes Mr Rabino yes Miss Smith yes chairwoman yes habit chairman to meran that was my my other life uh yes motion is um approved congratulations okay I guess we head back to the agenda um comments from Members is that's a short meeting tonight members no staff no i' like to thank the applicants on the application for for presenting and thank the board for showing up and Mr Sly thank you for your hard work as always even with your sore throat he had his tonsils out last week wow my husband was not even vertical a week into it yeah yeah I know sorry that was mis as an adult I was just gonna say stop at or something on the way so you did an excellent job despite your operation is and on that note uh would anyone like to make a motion to adjourn the meeting so moved second the meeting shall be adjourned is the hum you know what I think it's this speaker which I never I've never had that e e e e