United States of America the stands naice yes all right statement of adequate notice under the Sunshine Law adequate notice in accordance with the open public meeting Act was provided on January 18 2024 of this meeting's date time and location the agenda was mailed to the cranber press and Trenton time posted on the Township bulon Board mailed to those requesting personal notice and filed with the municipal clerk roll call Miss Anderson advisor she was not attending Miss elwi is not here Mr fante here Mr Giddings here M Jones is not here Mr milenberg here Mr Stewart here Mr Whitman here and Miss Bond here thank you we have a quum chair thank you there might be a little delay with people given the little parking situation we have outside but hopefully everyone was able to find parking even our parking expert was able to find parking very nice to see you Andrew I'm going to steal a pen Robin if you don't mind all right Robin did read the statement of adequate notice were you here I was here okay just check it all right um I would like to see if I can get a nomination to approve the minutes from June 6th uh and Robin will keep us straight on who is eligible to vote on those minut just want to mention that Mr rean did have a few revisions that I did imply it was most grammatical um yeah that was it right is grammatical so it'll be approved with amendments I'm happy to approve the minutes or move to approve the minutes of June 6 2024 I'll second we have a first a second all right roll call to approve the June 6 2024 minutes uh Mr fronte yes um Mr milenberg yes Mr Whitman yes and Miss Bon yes thank you motion pass that would be enough to approve yes all right thank you Robin it's amazing to me how we can sit through hours of a meeting and you can condense it something that's uh legible and not a Webster dictionary so thank you very much I appreciate it um right now I'd like to open the floor for public comment on non-agenda items so if there is public that wants to speak on items that are not on the agenda if you have a question for the planning board uh if not then we will continue our first item on the agenda is resolution PB 387-2377 had the opportunity to review the resolution and Sharon I believe it was a revised resolution yeah um the LA latest draft was the 10th and I put stars next to everything so that you could see it easily I appreciated that any questions on the resolution as it as it now stands hearing none can I have a motion to approve resolution PB 387-2377 and Miss Bon yes thank you motion passed Sharon and Mike uh is there any um movement forward to somehow quantify because Aman's not here I'm G to ask uh uh to quantify temporary does that come should that come from the um zoning officer when a temporary application is given the last time we talked about this Aman had said our our difficulty with this is what is temporary mean um after thinking about it um my thought was it might be just prudent for the zoning officer when issuing anything temporary to put an end date on the temporary because then that would be a prudent a a a prudent date depending on what the situation is so I don't I don't think that our zoning committee or anyone needs to do anything but I do think that somehow that conversation needs to uh happen so we don't get ourselves back in the same position does that make sense I don't have a problem with that actually with the last this application he did put a date on here and you know it just went by was what happened oh yeah okay yeah so my theory is out the window no it's not out the window it's just that someone you know we afterwards I'm not sure how long it took for anyone to catch up with them you know I don't know if the letter went out and said by the way or you know approval has been expired but we're not but yeah so so I guess from that even if there was a date this specific application might have had to go past that yes and again you know temporary could be like somebody like a construction trailer on a site that some sites they've been sitting there for years and you know if they yeah that's my concern is that yeah so if if they put a date on it and and then they pass the date then they can either come back in and ask for more time or a good reason to ask for more time but at least at least they're at least there you know you can't have something open-ended for 20 years sitting there and you know it it did uh seem to stay uh open Mr mildenberg and uh Miss Anderson both uh were concerned about you know just making sure that the addendum was in there just kind of how did we get here and that sort of thing so and that's in the resolution at this point I mean we have a finite date in this one so we did address it here you know okay um we'll just have to keep an eye on it for others that might come I I just wanted to uh address the dangling participle and uh allow our applicant it's time to uh Park and get in the door all right stall for good reason I'm G to I'll leave I'll leave that there um okay so I think we are prepared to hear uh application PB 38623 um Shri G Estates is that the sh Shri G close enough shrii Estates to Brickyard Road Block 16 loot one and that application is ready thank you madam chair and just for housekeeping we don't have to re redo anything so the applicants shney Ren noticed since the last meeting and I looked at everything and it's all in order so you have jurisdiction to proceed okay thank you thank you I did also want to make an announcement the three absent members on May 2nd did certify that they listened to the recording so they are eligible vote um it's going to be Mr Giddings Mr milberg and Miss Bon yes okay understood perfect thank you for doing that and taking the time to listen to us do we have to resquare in everybody again then yeah you know what since we Reen noce let's just resquare yeah so and do you have anybody new I see this same engine engineer and principal okay so when he's ready sure then you guys can do it too Jason will you be able to see from there or I can have him slide it back if if you need all right fair enough so just for the record Walter Toto on behalf of uh shrii Estates uh of course jurisdiction has been established we're here for uh preliminary and final major site plan approval with both variance really for pre-existing bulk variances and design waivers uh we are prepared to address the reports of Miss leaney Mr hoder Mr fanda uh when the board uh last heard us in May as you know from the tapes and from our appearance last time that meeting had the flavor of almost a conccept plan hearing but it was extraordinarily helpful and uh we took that those directions from the board and I'd like to think and hope and believe that we satisfy the board's requests and suggestions and with that in mind I'd like to dive into uh the testimony of my project engineer Sharie Ali from am before we raise your right hands M Lee and everyone else who's gonna testify do you all SAR that the testimony that you're about to get before this board is the truth the whole truth nothing but the truth so God I do okay thank you sh want let's uh just discuss with the board uh the changes we've made from the uh the last iteration of the plans and uh yeah let's let's let's do it yeah so we had uh last time sorry one second what are we looking at is that a so revised this is this looks new yeah so a A2 A2 sure okay and that's an updated map I take it yeah rendering and future dve can you just repeat what you just set up sure I can say uh the title of the plan is preliminary final site plan two Brickyard Road rendering and future Drive okay thank you go ahead TR yeah um so I have a few color copies if you will be able to it's okay to show it as an exhibit I I think he just basically colored it is what happened right yeah it's a landscaping plan and we colored it um so some of the changes um that we have made uh at your direction is that we did did reach out to the county um first and uh we got an email from them so it's simple application and they agree that it's not required a traffic report but uh the were're talking about typical improvements uh that the county always ask for Road widening we already have the pavement out there so we're going to be so cutting and removing pavement like we talked last time and putting a curve on a sidewalk so they asked for a sidewalk on the application which to the uh to the south of this one they did ask for the curb The Whiting and the sidewalk and you gener you you decided not to put the sidewalk you ask us not to put side I put the sidewalk on the plan just to uh to show that uh we follow the county requirement that it's all up to you to have the sidewalk last time when we here you prefer to have green and Landscaping so um so we heard that uh we also talked about uh removing or trimming some of the pavement uh to respect that 10 feet requirement so we have done that in the area where uh the parking lot there uh let's say near the future extension or realignment of uh Brickyard so we did that and as a result of that we lost a few parking spaces we also uh in addition to curving uh the frontage of the site we also to took the curb inside created the island that was recommended uh by the uh parking space is there and we landscaped that area in the front and I believe the Landscaping plan was acceptable by your professionals so uh that's one of the uh uh the things that we did uh we also uh moved around the loading area to to meet that uh 10 foot setback requirement so we also achieve that um so that's some of the uh items that we uh we have done uh as a result of that we lost about somewhere around like uh 40 spaces we're still above what's required so uh the even though that uh we were proposing last time with the ab credit uh 30 spaces uh so now we down to with the EV credit uh to 26 so it's not that bad uh what's required um well well not that bad hold on Andrew requirements are 26 24 andw we have 24 28 with the credits right and then the EV spaces gave to gave double credit so do the math for me math is hard parking lot math is hard hold on and the requirement is so we're at 28 I think Liz is right they providing 2es they 2 can you hear me now you didn't miss anything there are 26 physical spaces physical spaces yes you get credit for the two EV spaces so that brings it up to 28 there's only 26 physical but 28 and you're required 24 yes so we are above W so instead of saying it's not that bad we're going to say we are above the required spaces and we meet the requirement exactly that because we have six waivers that you're requesting yes and so we want to make sure that our professionals are able to help this board typically we have applicants with one or two waivers your location is is very um non-conforming to start with sure so we we understand the challenge but for this board to be able to uh accept your application with or without modifications you're just be patient with us as we work through those uh absolutely waivers okay all right so it's acceptable AR acceptable okay all right all right uh yes so we also reached out to do and he did respond uh it took a while for them to respond and U we did receive um what we need from them they still at the uh same stage still preliminary stage uh they really um but what they have provided us was a little bit more than uh what I got from them two years ago so I do have that too um and um that's what we got Tre when you say two years ago that's in connection with the project next door or yeah a few years ago yeah and uh that's what we got from d and it shows the uh same realignment and uh how this is the do's feedback on the realignment of the Cranberry Circle correct so it's still the same rear alignment they uh they have the rear alignment lined up with the a driveway from uh 7-Eleven I believe yeah so what we did on our end we sent our crew out there we actually physically uh located the driveway for 7-Eleven and that shows on the map and that that's where they align uh realignment and the intersection what we have on the map is the true location you're referring to something you just gave the what page of our plans what page of your plans no it's not on our plan this is just a copy of what we have re identify it we need an exhib a33 NJ do yes Cranberry Circle plan uh is there a date on the map so we can I I don't have it you took my map now so be a date on the yes it should be a date there is not you would have a date on that drawing I'm not seeing a date on the drawing oh I said you're talking about do no I'm talking about do I was complimenting you your drawings have dates we're looking for a drawing here a date here just to identify it Sharon so we know the um it's looks like a do um map of existing conditions and proposed construction is that what we're looking at it is yeah y about the date of receip to give it some no when when did you get when did you receive that about a month ago a month ago and you made the call when after the last meeting we don't have the email we can forward the email okay the fact that you have it uh is we use that is the refence so may 2024 yes okay let's let's use May 2024 perfect yeah this is just helpful for our records and housekeeping it's not yeah it's very helpful for us I have the email yeah I have the email on my phone as well as it's current conditions this very much agrees with yes what what we are familiar with what they have on line yes yes uh so basically uh uh lining that up with the driveway of uh 7-Eleven so um so that's what we have we also uh if you look at the map you will see that um the uh they have uh a driveway in the back of our lot uh realigning or redirecting the traffic from our lot to the back area we also have we are showing that on the map that is the future uh roadway or future driveway uh if d uh did the alignment and u and I do have also that would be the the future so the realignment as you see on the exhibit it's pretty much what we dumpster will Shi the dumpster uh to the uh to the north and put the realignment and come back out the U the realignment so that's what you see and whatever spes we lost here be in there so it's a wash but that will be in the future so that's the alternative plan essentially correct yeah so simple uh uh drive way coming by the dumpster area there uh and uh going back to uh real this this looks like similar it's the same could I ask some questions hold on second this that's being passed around is this intended to be an exhibit to that shows it's on this non it's the side it's the right hand side of exhibit exhibit yes anyone else so this is while you're looking at this is it okay for me to ask some questions it is because we're all trying to kind of get ourselves on the same page so yeah Jason please do okay so my first question using the combination of these two documents it looks like their proposed plan from the state document is to for some reason leave a partial road that you know would have aligned with our Brickyard with before they start taking it out I'm unclear what but it doesn't go far enough to reach your original road which is why you're doing the proposed second driveway what would happen because right now you it looks like you would have literally like an exit and a stop that goes into grass what would be happening on the over here yes yeah see okay so that would all disappear yes do you know why they're leaving the roadway at all if it doesn't make it to you what other it looks like it's just going around your site so it seems like I'm just wondering if they left it thinking it would reach you but didn't like what's the point of having it at all understood sure any any answers on that I'm not clear on that either Andrew are you following Jason on this that's public information that's been provided to the township um brick Brickyard Road section between where they're realigning it bending it uh towards the gas station uh entrance that will be eliminated from there to the circle so that section the dark red section on that plan sure I follow that I just don't follow the part they're leaving if they're going to abandon it for the purpose of entering their building but I don't see what else it would have been there for other than the purpose of reaching their building the dot wasn't sure what was happening with the property so they left a stub based basically that could be used that will be uh the access to the site I do not believe and this would have to be confirmed with the do that access would be available from South Main Street once this uh dot Improvement comes in in other words that driveway that they're putting in now um and is shown on the plan to South Main Street that would also be eliminated as well as what they're showing to Brickyard Road so what would be left is only that driveway they show as the future driveway that was my understanding based on the Dot's presentations and based on the information provided on these plans that I looked at yeah okay well that's it's own issue that there's only one entrance and exit but I guess I would say if we proceed with this maybe someone needs to communicate with the do that there's no attempt to enter on the former Brickyard Road because it seems like that's the only reason they left portion of the road there the former uh Brickyard Road is a Township Road I don't know where the uh jurisdiction of the do ends there but that would be something the do could or they Township could uh dedicate to this Pro abandoned to this property uh so is it the township or the state that's getting rid of three quarters of it because they got rid of most of it I'm just saying they stopped short if you look at the plan there's this little elbow this little finger right right right does that have anything to do with the easement that is documented in is it Mr H's report or is it in one of the reports there is an easement documented yes okay no no I mean there is is an e and that is not it okay not sure we are only trying to figure this out so that we know what constraints to allow and and what constraints where and and again I applaud you for trying to work through this as well I'm glad you are able to get information from the state to guide you um we will all go on the premise of if uh this project happens you'll be working with that we have no way of knowing uh anymore uh than you know and and you at this point have a later confirmation uh than than uh the township so you you have the the best information um so uh if you are satisfied uh that's that's helpful for us and we have to look at safety and all yeah I mean my main concern is if the road's not going to serve any other purpose it's bad planning to have a road to nowhere that encourages especially with all this traffic that encourages people to go and get stuck and turn around having said that they probably didn't know based on this plan that they may be getting rid of the access on heightstown road to for what Andrew just said and if they did I would wonder if that little jog was left if this future driveway could be reached from two different sides you know to to regain the two access points either one would be fine either a purpose for it or no Road um so I guess I'll just go on the record with that and we'll see what happens but it neither thing is a reason not to it's not an OP obstacle to your application from my point of view to be clear thank you um my other question is well actually you haven't gotten to the truck document yet so let me not talk about that just for clarification though you mentioned the EV stalls am I correct that the EV charging location is the location just adjacent to tenant 4 halfway between the um the handicap spot and the regular spot that's right yeah so just for clarification for my traffic consultant for Andrew is that typical that if you have two slots you're giving one of them up so so if you're not handicapped you only have access to one charger in that site yes okay and based on the number of parking spaces on this site uh they have the required number of EV spaces they're giv one to the handic okay all right I I have other questions but not in this document okay can I ask just one more question about the road you you C you can um yes with Brickyard Road if it is aband it is a Township Road that's correct so if it's abandoned then the township can sell off the road or donate it or sell it for a dollar basically split it down to middle the property owners to the one side get it for a dollar ones on the other side could get it for a dollar okay and call it a day is that correct essentially correct okay so because there's no reason for this town to keep that road if it's gonna be did did I see in the latest report though that Brickyard Road is being paved by the township currently yeah it's it's on the list of Paving for this for the summer Brickyard Road right it's they just Route 130 I don't think I don't think that's section I think it's a further up section okay we'll just be we'll just want to be aware of that okay yeah I apologize this is our own housekeeping um so I we had six wavers to go through I I think given the um I'm I'm going to say the intertwined sort of complexity of this I think what I would like to do uh because you've been before us because we know what we're working with I think maybe a more logical uh approach would be to let's go with our professionals and then our professionals will show where we're not where they are not satisfied or where you have not satisfied the waiver and then the board can hear from our professionals and then we can weigh that in does that excellent is that agreeable to you I mean I'm very happy for you to go through this presentation you've worked hard you've done a lot um but I think in unpacking this and and for the sake of um organization and Logistics it might be good to to work with our to hear our professionals let's do it okay I I'm gonna allow our professionals to play Rock Paper Scissors and decide who wants to go first um Mr hoder we start only because uh I'm no I appreciate it that your your report has it on the checklist I think that's helpful all right thank one one quick comment before that is that uh a asking the applicant is is it true that the location of the new future driveway runs over the septic system that might have to be rebuilt or moved so to to the best of my knowledge and the applicant knowledge the septic is to the the area this area right here oh so it's up closer to the buildings closer to okay thank you since we're speaking about the septic we did have a uh contractor have in the area just out there but it's very or mod technology of setic so we really uh all we have out there is just said Le but we don't know is uh a few trenches down on the ground or just one or there is no septic field I can show you the the contractor the septic contractor identified a concrete seage pit so it's seage yeah and then an UND I believe an undersized um I'm not sure if you it was a tank but the recommendation is for those to be abandoned in accordance with code and ordinances Etc and to replace okay so that's not really Our concern that's Board of Health stuff understood County and but I just wanted to bring it up okay so the couple of things having to do with checklist waivers um and Sharon I guess you can write these is um the envir environmental impact uh report oh it's a page two item e page two item e on my letter okay and then item F which is earthw worth calculations but I also think that you can give that waiver it's up to you whether you want to give the waiver on the environmental impact report I think we've learned enough about the site maybe you don't need a true environmental impact report but I don't think you need earthor calculations because most of the excavation on this site is going to be very shallow uh the next item that's a waiver um is uh they have a parking setback of 10 feet or less than 10 feet in the front applicant confirm that with the new plans is that correct that is correct along along Heights down Road correct that's item number 3B okay right no it's not well it's I guess you could say the pavement is pre-existing because there's pavement everywhere right but at the beginning of your report you said the applicant has two pre-existing nonconformities for the lot basically because of the size of the lot so what I'm what I'm trying to help okay I didn't I didn't even want I wasn't going to mention those those are pre-existing right Sharon you have to decide if we want to put that in the resolution or not for area I I would note that some something's whether or not something's pre-existing okay and then the sidey yard set back which is buildings can I just clarify the less than 10 feet looking at the plan there's really two lines there's the what they show where they expect to have a sidewalk right and with the exception of where the curve kind of narrows it that looks like more than 10 feet to the mark spaces or there's if the sidewalk disappears for an exit row and that looks like less than I I was thinking the same thing actually I'm asking my engineer now I mean it looks substantially if you assume that the curb is going to be as shown without the exit row that looks like more than 10 feet except maybe just maybe the last spot I'm not sure right but my point in asking Dave about the pre-existing non-conforming is you can't get blood from a turnup they can't have the set back if they don't have the space well that's correct yeah no I I'm not saying that we wouldn't do it I'm just wondering whether it's even a even even nonconforming oh I see okay okay but it doesn't here always better to not have to give problem yeah no I agree so we do we have do you have so we have we have the 10 feet I believe do you have 10 feet that's why I asked you in the front the the plans here have no Dimensions got it but we have the 10 yeah we have the dimension on the plan we have the 10 so you have right correct so then that setback waiver is not a waiver is eliminated existing yes there is pement okay I don't see that 10t Dimension but uh oh yeah there it is it's underneath a tree I'm sorry oh you're looking at it it is uh yeah look at she yeah it's located within a tree okay so we good on that yeah I just wanna because I have this in my letter too and and Dave and I have uh interpreted this regulation a little differently I had interpreted it our we have interpreted I know in past applications is that you have a front yard parking Bay and then you have a landscape strip so so you have the landscape strip along the road then you have a parking Bay and then you have another landscape strip and that I think was done for reasons for what people wanted the this Zone to look like and so that I think is the deviation if that makes I'm not sure if I know how that would work though well we've done it in other between the between the parking Bay and the building that there's like a landscape so miss Lany do you think the way it's done is is acceptable and appropriate for the way applications are typically done yes I mean I think the regulation exists for specific purpose it I think how they've done this here is is in my opinion adequate but um so do we need I think you do even if it if it maybe doesn't quite make sense in this scenario I agree I I agree we need to still approve it but it's helpful to this board to hear it's a it's a it's a how could you do that have to have access yeah okay um yeah um what based on what you just said are you saying that the 10 feet is non-conforming according to the and it does need a waer so they're two separate this is my interpretation I know we we did this when we were looking at the self storage facility is that okay you have the roadway and then you have a landscape buffer and then let's say there's a a bank of parking and then the building and so between that bank of parking and the building should be an additional 10 10 feet of landscaping that's how I so you're saying it's you don't add the two strips together it's why don't we ask this of the applicant are there any areas on this site yeah you may have to scale them right now that are closer than 10t to any building that are parking areas or even drive AES just yes to play Devil's Advocate yes and where are they so uh the the driveway um as you're coming in the main driveway it's coming in from South Main Street and you go straight up uh the building uh let's say building number one two building number one and building number two so building one is on the left we have uh 6 9 which the area is right here I can't see but say it again thank you so that will be so right there that one spot that's actually tenant number three and area okay do you know that do you know that distance is it you could because that could be put in a resolution yes I'm not sure if that's the talking about I don't think but any case I I think it's a standard we have I think for Good Housekeeping purposes you should just seek the labor and and sort of be done with it because I think they've shown I don't think that they could adhere to it and have it's it's a Well the board has to decide if it's a more Sounder is it the same waiver though I mean as worded I thought it had to do with the distance between the road to the parking and what you're describing that's how I interpreted it but but what you want is a waiver from the parking to the building yes they're two just separate things if you're if you have your if you have your ordinance with you it's um one is 1 15-42 b1b and that's talking about this this strip of landscaping sort of between the parking and the building and then there's another one which is 15043 A3 which is talking about the distance of parking spaces and loading spaces from buildings and from and from lot lines so they're they're two separate standards my only point is the one we're now seeking is different than the one that we thought we were seeking no they're I they I would I'm sorry I interrupted Dave but I would say that they are they're actually still seeking both because their loading area is too close to the building it has to be 10 feet and they can't get that loading space well they have to say whether they can get the loading space 10t away from the building if not they're going to have to seek a waiver and then there's this other which is I think it is a weird it's weirdly written I'll just put it that way about having where I'll read it this is exactly how it appears in the ordinance a minimum of 10 feet depth shall be provided behind the parking Bay in the front yard um for a planting strip that may contain a sideway or walkway a maximum of 5 feet in width none of that sounds like it's applicable to the backside of the parking lot to the building from my the first one not that one but the first one with the 10 right but that was a different thing that was about the loading thing that you said but it's that's it's in the same standard it's loading and parking being 10 feet from any building okay so we have the loading area that's touching the building on right on the edge and we have a uh a drive aisle that's adjacent to tenant number three that's less than 10et I get all that and I think we should just move on but I guess described at the beginning was we were concerned about 10et from the from the road and we are not worried about that we are only worried about 10 feet from parking to buildings correct because they're two separate standards one of which is very unclear and the other which is clear and it seems like we're only they're only seeking non-conformity on the first of those not the second no there's there both do you have my letter I think it's it's on your it's on your your the de and it's on page five looking at Mr hoder um page three uh 3A it looks it it looks like that's what we're talking about and it says the holding area from the property line so we are meant to have six waivers as opposed to the bill we've identified a couple so far why and I continue because I have more I started to say so what I'd like to do is I'd like for Mr hoder to identify all six waivers this board can listen to those waivers and make their own decision and then we can have questions later but let's get the six waivers on the table a lot of work has been done on the application so let's untangle this in an orderly fashion I need to know what the six waivers are first one item 59 checklist waiver for an environmental impact statement item 60 of the checklist earthw calculations um and then we have lizz's waivers which we will consider two please I have more but you yeah no for those two for which have to do with uh e1b and B1 in the ordinance having to do with 10t to the building so we're going to call that two now that increase okay and then we have a we have a new waiver I think that we didn't have in the beginning which was um some areas of the parking lot are as high as 1.8 foot candles um where uh the average supposed to be 1.0 where is that on your letter yeah it's item D1 in my letter letter so that's a waiver [Music] d d d okay correct okay um I have is another waiver that um uh maybe some testimonies might be be able to be needed on is a loading Area 15t Wide 35 ft long okay um we have there uh and then I have one I think one last one what's that nope I'm sorry it's the environmental P stat it's the same one so so that's it oh buffer from the road yes okay what's your last one denar my last one was the the refu and no was the the loading area which is now I got to go back to that I'm sorry [Music] but what is the dimension of the loading area it's the applicant is it 35 ft long it didn't look like it to me it's 15 by 35 it is 15 by 35 15 by 35 yes yes okay so we got that one okay so there is there is some buffering around that um uh but um it's not as much as we normally require on a plans there's actually only one one tree and one two three four maybe five or six um smaller shrubs understand no I understand understand um and that's that's looking towards Brickyard Road okay so I'm going to take that one off 5A is is no longer a waiver right no I understand yeah there may be others that lose those okay so you have I'm sorry to interrupt but you have something about the storage uh where it says applicant does not conform and should provide testimony and you're talking about storage and disposal of waste 1 15-5a is that a waiver the applicant do not conform what give me my number that's uh that's on page five of s and it says section 50 150- 50a it's under uh B yes we not comply correct there's and there's actually Sharon you're correct only because there's three frontages um the um it's if you call the Brickyard Road of Frontage then it's in the it's it's it's sort of in the front yard but you can't get away from it so that's the that's the response there um so the answer is yes and and it's you know thing is going to have streets on all sides so there a reason to Grant this waiver right thank you Sher sure Mr hoder are you happy you're complete yes thank you okay and and I don't mean are you happy I mean are you satisfied with that we've covered yeah the the only other comment on my letter that that I wanted some testimony on is what happened with the county and whether or not there's going to be sidewalks when this is all finished and through since the board certain members of the board didn't want sidewalks so let's do this let's have the applicant satisfy each of you individually and I think the board can make their observations from from that but I I would like the back and forth now to be between the applicant and our professionals and let's let's see what's not satisfied and then you can leave that to the board's discretion but we need your we need your uh input and we need you to be satisfied and we're going to give you now a chance to do that sure so to Mr holder's point I I wanted to see how everything was going to shake out before this board before applying to the county but when when we do apply to the county we'll request waivers for the sidewalk and curbs and we would like Mr hoder and Mr Miranda Miss leaney if Miss Dragon wants to be a part of it to be a part of a zoom call with the with the county with the county planner with the county Mr MOA with the County engineer uh to express your thoughts uh you know from the board as well uh that's what I would propose well the one question would be that um if if this board does not want the sidewalks and that's in the resolution and the county wants them are they at a stalemate and um or would will there be or should there be Sharon a relief valve that allows the application application to go forward if the count the town and and the county are still butting heads the end it's well I think there should be a relief valve of some sort here so that they could you know go forward um I'm not sure what it will be you know I um because I don't know what the resolution will be finally but I just I mean who's got jurisdiction the county or the board at this point the county and the the county you know Mr Fonda you have an answer to that I don't know if I have an answer but I have another component to this sidewalk if the do is coming in with their own improvements they may have uh a proposal for sidewalk or not having sidewalk and maybe that could be deferred to the time that the dot comes in and makes their improvements therefore that's a great the township don't have to well not that not that we would butt heads we also don't want you to put in a sidewalk if the state's goingon to come and take it out sure or if the state's going to change where it is how wide it is how where it's going to be so I do like that suggestion if the board agrees Mr Giddings does that sound like a reasonable hold for the state yeah the only thought or question I had was do you show because the driving laneal because the driving Lanes separate the parking to the main building you got to cross that driving lane and then it's just kind of a free-for-all so I was just wondering if you bleeded the leftand sidewalk and kept the the right hand sidewalk pushed it back to the parking lot so it had a use so people from the from the parking lot actually walk on the sidewalk and then there'd be um a crosswalk across the driving lane the Stop Bar would be would be pulled back before the Crossing Lane and then that that would be the end of the sidewalk so if the if the county wanted to extend it to the storage facility or or whatever this would potentially be the end of the sidewalk or could continue if the county so desired but at least it has a purpose and improv safety of the site so all right no no no I did I did ask uh for that reason Miss Pon to I think I'm also trying to square the guidance we got from a previous planning board discussion where an applicant was told we did not require a sidewalk the applicant um went and the county told the applicant they required a sidewalk we actually went back to the county and we said we don't believe a sidewalk is necessary the county said tough cookies build a build a sidewalk so I just want to make sure that we're we're we don't get put you guys in some kind of purgatory on this where you're going between us so whatever we can do to defer to the county and the state on this project I think is the right way to to go on this thank you we're worse in limbo where we can't get a per what is there why are we against sidewalk I'm for sidewalks personally so I don't think the board is Unified on yeah I was going to say the same thing I think well I'm against the sidewalk at this side I see no no purpose of having a sidewalk here it's not nobody from town is going to walk out here because there are no sidewalks up to Route 130 from South Main Street this is also having having a pedestrian right there I mean or encouraging pedestrians where this where this application actually is people walk there now I agree with you so I think I I don't have an opinion on the sidewalks I just want to see I just don't want to see this applicant have to build them twice or have to build them to different standards I'm I'm with you Jason I think sidewalks are I I would be supportive of sidewalks and because this road is not Route 130 this road is the road that becomes Main Street in in height toown so there are people that walk along this road and if there are people walk there are no plans to put sidewalks anywhere else right does the town does the town have plans to put sidewalks from the 7-Eleven up to the heights down border yes or no who knows but well that's that's the point is I I don't want to Inc then it's it's a vicious cycle where what happens is the more places there aren't then that's an excuse why not to add them why not every time there's an opportunity gradually make something more walkable without doing any harm maybe it doesn't get connected and maybe it does we have that example on ultr road and now the last it annoys me Where the Sidewalk Ends there but I'm certainly happy it goes as far as it does and I all the time and then have to walk out on the medium for the rest of the time can I ask our professionals it doesn't sound like we have jurisdiction anyway if we said you don't have to do a sidewalk and the county said you do we would have to then you do absolutely which is why I'm fine deferring but I don't think we need to be I I don't think I think we should vote if we're g to try to go on record that our first preference is not to have them that's okay yeah I yeah I I we would be happy to espouse in good faith whatever the board chooses so I like this idea uh if the board chooses no sidewalks that's what we'll will apply for a waiver if not we'll go forward with the sidewalks can I can I ask you said you spoke with the county and they indicated that they did want a sidewalk they do they said they would yes the answer is yes okay well isn't the realignment potentially gonna add a light here when it's done is the realignment potentially gonna add a light here when it's done it will then you're gonna want a sidewalk next to that light it's ridiculous to have a crossing and not have an opportunity to for The Pedestrian to have a place to go go after it so my only question though is can you push the sidewalk into the parking lot so it has a use for you and safe passage for for people parking a connection from the sidewalk to the tenants and the parking area push yeah push the sidewalk on you know not the out of the RightWay up against your parking lot so that would that comply I don't know that's question we do that we're lose Landscaping oh you gain it but you gain the Landscaping you have okay good discussion can I uh say about the sidewalk well let's see this is about sidewalks yes it would be good I'm looking at the do plans and they specifically show a 5 foot sidewalk at the intersection it doesn't come across the frontage of the property but it is at the intersection for potential pedestrian Crossings and that there will be a connectivity Point here if you don't do the frontage but it's at this uh intersection and then maybe the next site would be required to do it as well and the county has them put it in so that's the thing yeah the county aggressively pursues sidewalks middle County in particular right oh here we go and they don't seem to care what we think anyway no they don't typically yeah all right I think the condition is that the applicant will install sidew works as per you know required by the county that's that's whatever they that's what will happen sure that's a are we are we satisfied with that is it a county call we're okay yeah okay Andrew County call I believe that's the best solution here it's in their jurisdiction it's in their right way okay so does that mean if they put the sidewalks and we're going to lose Landscaping then right on the rendered plan the state does the state do the state not the county no our plan show includes the sidewalks the Landscaping is all sitting on the on the property owned by the okay the Landscaping is sitting on sitting on the property own by the applicant okay the sidewalk is on the county right away so it's it's far from each other it's shown on the rendered plan you can see the sidewalk in there yeah in the county right way already exists so they didn't do a very good job with their little color coding so you gotta use your imagination on the white but it's there okay here it is the color the color through you if you're gonna col you got to color it all I found it okay got it let the county worry about it go ahead we you know we'll just defer to that if if not if they say no then well does this board feel there's a safety issue do they feel we need this sidewalk as a as a means of I'm TR to leave it it keeps it simple and we have pretty good indication of where the county is preferring anyway and the okay all right we'll move on from the sidewalks good good but Sharon for you we're going to defer to the county okay thank you we got to go back to Dave's thing and finish up with him right no Mr Ho's finished do we agree on everything that well the the board will uh we're gonna will allow the applicant to um make any rebuttal to what Mr hoder said and the board will have to listen to that rebuttal and then we'll have to uh make our decision should we do that I still have more questions too I was just waiting turn we still have two more professionals that I want to get through so yeah Madam chair in that regard Mr hoder seems to be in favor of the checklists and uh checklist waivers at a minimum so that's great I don't have a problem with them let's put it that way so I don't have a retort for that that's positive I know maybe the board yeah that means yes okay gotcha yes good I'll defer to ex professional okay yes perfect all right I can go quickly uh you don't even have have to be quick we need to hear from you well Andrew so much about this site that concerns me is safety and then an undo um uh just just this what we're doing to the applicant that's trying to improve the site that would make the site look better so I want to be sensitive to that but I want to be sensitive to the safety of the the the number of employees that are going to be in and out of there um so yes please from a waiver standpoint a traffic impact report is not necessary because there's no square footage increase the the impact of the site should not change so there's no waiver um a waiver wouldn't be required or it could be uh granted from the so did you just say we can wave the waiver I I'm not telling the board what to do I just saying we have we have the option to not have the tra there is no traffic increase no traffic significant traffic impact from the site so they the board Grant a waiver from traffic impact Bo okay uh now as for safety I I share the board's concerns and so does the dot and that's why the do eventually they're working on these improvements for both pedestrians and vehicles I think the big concern of the board is what you see out there now the existing conditions with Brickyard Road coming in as the additional approach and it all coming eventually the do plans to fix that again the time frame is the Dos we have some plans here they're still in the design process we've got the best information uh this is the latest information so we know that dot is working on those improvements uh I I believe the uh site right now as it's shown is uh compatible with that area and uh is not adding to any uh safety concerns down at the intersection that will be eventually uh fixed um their driveway is pulled away from uh that both driveways are pulled away and their open Frontage with gravel right up to the road will be improved so therefore uh there is a better um use of the site Frontage with defined driveways and I think that is safer for this site so as for safety uh pedestrian wise and vehicle wise I think they've done a good job with the improvements they're proposing knowing that the dot eventually will come in and even make uh more improvements to take away the Brickyard Road alignment that additional approach and their driveway then could be uh located somewhere else that the do would call even safer taking it out of the mix with the County Route and the signal at that point but as is your opinion is they have utilize the site they've improved the access to the site substantially correct okay all right that's very helpful thank you madam chairperson the traffic report waiver is item 54 on the checklist thank you you know how I like the housekeeping day thank you I didn't mention it because I deferred it to Andrew okay Miss Lany that leaves you Andrew thank you uh okay so on page five of my letter I have the design waivers that I think are required um the first one is the one we've talked about quite a bit um and and the reason I want to I'll explain that you we have these design guidelines that apply to all of these sort of um I want to kind of group them together as Highway commercial and I was just looking at the first guideline um hold on a minute says that the the parking configuration should be one and this is a a brand new site that's undeveloped but if you developing a site in one of these zones you would have one Bay of parking between the front of the building and the highest traffic adjoining public Street and um that I think is what I was getting at where you have this standard that then says between between that bay of parking and the building is a 10 it should be a 10- foot uh wide buffer so in this instance the standard that the board has to sort of evaluate because this is you know these are design waivers and I'll just quote it um the board has to think or or come to the conclusion that giving the waiver will result in an improvement in design and layout of the development when compared to whether they you know implemented the standard so in this instance you might say I don't mean to give testimony but you have an existing building and an existing uh site and so if they were to you might find that if they were to um you know the benefits of having more parking rather than a a strip of landscaping may make more sense in this instance given that it's in a already existing site but I don't want to make that decision for you no just just read that beginning of that one more time I just want to hear that again so if you're trying to say well look it's it's more practical and it makes better design sense in this instance that they don't have just one Bay of parking along Heist down Road and then a 10- foot Landscaping buffer um because if they did that they would lose that second Bay of parking so they would lose you know like 10 parking spaces and in this instance you have an exist in building if they were coming in and they're saying like for example the self storage facility we held them to that design standard because it was a brand new building but in this instance that building number two is already set back quite a bit from the roadway and it would almost look silly if you just had one Bay of parking and then a huge landscape section between that one Bay of parking and the building okay and in in this instance rather than them doing that they've added 10 parking spaces right so that's just an evaluation the board would have to make if that makes more sense in this context got it so the the first waiver that I had was um that parking areas have to be 25 feet from any property line or 10 feet from any building in this instance I was considering the um the loading space as a parking area and that is right up against tenant number four if you can see that on on your on your um drawing so that I thought that that waiver was still required um the next waiver that I thought was still required is so it says driveways of parcels on either side of Brickyard Road and on either side of heightstown road should align so as to provide efficient vehicular movements between different components so how I have read this is that it in the best case scenario and there's so many VAR variables with this application with with the realignment and so forth but I understood a strict application of this would be putting the driveway directly across from the 7-Eleven driveway which they maybe and perhaps Andrew can can step in I don't know that they have the frontage to be able to do that because of the misalignment this the 7-Eleven driveway is further south further south yeah so so the okay again but it's you know housekeeping they need to get that waiver um Liz you skipped over your second bullet that's the one I had a question oh that's no you know why because this is the one and I should have said this is really addressed that's what I'm saying that's when I was trying to say earlier that I believe your first part but not your second part this is the one that I didn't think was still applicable it's not okay yes and I should have I realized like now when I was looking at it earlier I should have said addressed okay got so we don't need to you do not need to worry about it sorry I apologize um okay so then but listen on on the alignment one if the if the 7-Eleven alignment is not even aligning with their property right I mean I think the idea I think it does it does align it just as Andrew was saying it wouldn't make sense no but I mean looking at this from the do it it it hits the it goes It goes off the parking lot Al off their lot Al together is it okay yeah totally I don't even think it lines up with any part of the of the parcel yeah it's sort of it is it is if you look yeah it it doesn't make any sense you don't look at the reconfiguration drawing it's like it's here so I mean they theoretically could it may not make sense though I think is what Andrew saying and especially in light of the realignment space so I think to some degree we really have to stay focused on the parcel that we have the application that we have and and what we what we know as a matter of housekeeping if anyone needs water if anyone needs a break if anyone needs to take off their formal jackets please know that that's acceptable it I I am not sure if we did not pay the uh rent or the heat or what but it is it is very warm here it's just broken okay because we are obligated to be public through our camera and through our computers we are stuck with this room but sure if you if you need a break if you need water we can take five I don't want anyone to uh including our secretary to sit here and dehydrated in front of all so Liz feel better now I do but I am going to amend what I just said you're correct it does it doesn't uh it wouldn't align with what was on that so it's not even app applicable it's not app thank that waiver is gone um I know I apologize and then then the next one is um 90 degree parking spaces require a minimum depth of 18 feet plus a minimum two foot overhang um and I just wanted to confirm with the applicant that there are is that overhang of two feet on each of the spaces as they're proposed to be 18 feet we don't have N9 by here but not the two foot overhang there is no twoot overhang okay so Andrew then they would need a waiver for that technically they would need a wer but these parking these parking spaces are around the perimeter so there is the ability to overhang whereas if you have head toad parking that's when you really have a concern with not having the space because if one car overhangs into another space then that car might back up into the aisle behind it but because these are around the perimeter and they're not head-to-head parking spaces uh I think that waiver board could consider that waiver can we consider that non-applicable because there are no head-to-heads it is applicable still applicable but there is there's rationale for the board to consider correct is that fair is that still true that when you have wheel stops and not curb because the wheel stops held in further the wheel stops will still allow that two foot uh to cross over it's cutting down the 18 feet it's cutting down your driving lane because cars aren't you're losing a good 18 inches or so usually the the wheels aren't two feet from they're set back a little bit more typically um that will work for the perimeter parking spaces okay I I do understand what you're saying if those curve stops come in any uh these curb stops are permanently located within the parking space right they're not loose where they could be moved no it would be permanent the small minority of us who have cars now don't sit so low that you're worried about it scraping against the thing so that you don't go that far anyway so basically the trucks won't have a problem the trucks won't have a problem correct um typically the problem with those curves you're corette well though yeah that's my point even even most SUVs these days scrape those things make it a lower bump I I think the real problem comes when they're not pinned or those pins start coming up that's where you can have an issue with the cars um so make sure they're pinned well yeah that's what that's how our details on show okay Miss lny still you yes okay so we got got rid of that one the next one in my letter is the one we've talked about sort of a lot with with the 10- foot Landscaping the one following that um is that in this Zone sidewalks are required except on Route 130 which this lot is obviously not um and so so you know no sidewalks are proposed along Heights down Road and Brickyard Road they are now proposing them along Heights down Road board has now agreed to endorse I guess the County's recommendation to do that they're not on Brickyard Road but I think there's a case to be made why would you put sidewalks on a road that may not exist but I but I shouldn't say any I'm not providing testimony I also think where we landed was not an endorsement so much as def complete deferral with no opin okay deferral I think if we stick with a deferral that would be the um I think that would be the board's is the board okay yeah I like that idea because I don't want to endorse something that we don't know what it is yet so I would rather say defer until we know what it is okay fa okay and is the board okay with them not providing it on Brickyard Road as it exists today okay all right the final one um they have done which is curbing on along the Broadway right you have you provided that um so they have satisfied that with their revised plan and that's it okay thank you oh we don't okay not yet not yet [Applause] so to the board of the waivers that were described of the exam explanations that were described do you have questions for the applicant do you have questions for um our professionals just about the the specifically about the waivers that are on this application do you need more explanation or are there still uh are there other concerns that you think we as a board should be made more aware of this time concerns to do we have a definitive list of waivers I I heard a lot of things listed but it would be nice to know which ones are in and which ones are out well so that's what we just went through I understand but then there was back and forth and then there was in the out that it was in so if you ask about any specific one we we will be able to it's yeah that's Sharon's job so I think the the definitive list of the design waivers is on Miss lean's report okay in those bullet points she included Dave's I believe not the checklist waivers but or submission waivers but the design W I don't want speak for Mr but thank you I think Mr Laney encapsulated all of the design waivers in her report in the five or six and Jason I don't disagree with you it is it is a hard bouncing ball to follow uh things were put in and taken out so many times I couldn't keep track I'm trying to keep the scorecard yeah I so Mr Whitman yeah your microphone pleas I feel like where we landed was pretty simple she excluded number two and she excluded number five Madam chair I felt like there was a question there by Miss Laney with regards to the um the parking spot almost felt like were you asking this board about whether they would rather keep the 10 spot the 10 spaces uh or or have an expanded Landscaping I think that was a question right it's it's for the board to Grant the the design waiver was more of an option if we wanted to Grant the waiver it was more of an uh an explanation as to why uh we we could entertain that idea if we chose to okay uh and I and I don't I I am really really I don't know if it's I'm really struggling with the complexity of all of these things that we have and I think that uh Mr Whitman has a good suggestion I think we need to bring out lizz's report I think we need to go line by line Dave's report and just say item one we are satisfied or not satisfied then we will volley back to you and you can say uh if it's non-conforming we either have to decide to uh live with that or ask more questions and this should answer Jason's question because we were bouncing off throughout the whole thing there's waivers throughout the whole thing so yeah I think if we start back at the beginning and just now quickly go through this and then we'll hit a if there's a waiver that we hit that a l to follow so should maybe differentiate to checklist waiver versus a design waiver which is is different and I'd also like the opportunity as we go through them one by one to have the board comment on the reason in in real time right so that we don't later have to say well on you know five resolution five waivers ago I thought this was the reason you know so okay so does everyone have the reports from uh Mr hoder from Miss Laney okay um can we start that report on page two of seven did you find page two of seven everybody on that on Mr hodder's report on his uh the application was deemed complete in March uh for the technical review um number two six checklist waivers okay number 2A they provided so that has been submitted yes and that is satisfied yes okay done 2B 2B has been satisfied except a partial waiver for more intense Lighting in certain areas of the parking lot than allow and are you amenable provid what I would say is that the checklist waiver has been satisfied but there's a waiver from the ordinance that's later in my letter okay y all right and you are amendable to 2B correct let's go with C traffic report we defer this item to Andrew the board's traffic engineer Andrew you are satisfied with the application as it stands yes yes yes can I can I just back up so there was a waiver requested they would be granting it right traffic report a checkl from a checklist item from providing okay so so excuse me just one second back to the we need Sharon for just one second and then I'll Circle back okay all right so Andrew says he's satisfied but what we're doing on the traffic checklist item number 54 is would be granting a waiver based on the fact that Andrew is satisfied but they don't need to submit traffic because they didn't increase the traffic as a result you're going to grant that waiver that's what would happen okay so basically Andrew was saying we don't a traffic report right so you can grant the waiver because it's a check item okay Grant a waer but that is not a traffic issue we're going to hit traffic issues yeah but he's saying that there's not traff issu okay all right stay tuned how about that however uh Bill gings had a question about lighting so for Item B in the lighting plan bill so about the 1% maximum is the 7-Eleven meet that 1% % maximum in the adjacent storage building that was approved I don't remember I can't here that's been a while my only concern would be we're not creating hot spots where this is brighter than the adjacent no oh no no we're talking 1.8 versus one so it's not usually different okay okay though it is logarithmic and to that point would 7-Eleven be uh under the same uh rules as Brickyard Road because 7-Eleven is on 130 and Brickyard Road is not they would be under the same rules uh Highway commercial that at the time okay and I do remember there being some discussion in the board about uh about the canopy lighting and how intense they wanted it to be okay we actually brought it down but I don't remember the numbers okay but are we uh we don't really know now that we're talking about like are we looking at down lighting or is this uh cast out what's style of lighting it's a typical Colonial uh sh saw a couple and it's on page 304 look like a lanter Jason did you say down lighting is that what you said yeah down yeah it's holes and lighting down yes it is yes Land There are some also yeah just cut the cab so down I'm satisfied is there lighting or up Lighting on the sign uh the deta we didn't no we don't have we're not showing any Duncan Donuts did an excellent job of having uplighting on their sign but there's there's no internally lit right signs but Duncan donut did a very nice softening of their sign with um uplighting if that's something that um a design that you wanted to consider yeah you're talking about the the ACT sign that says to Brickyard Road right right not internally lit but or uping rather I'm sorry Tastefully done like okay um is everyone okay with a b and c board you're okay Mike ronte good um item D the drainage area map that has mad chairman that has been provided has been provided they submitted a report which hasn't does board have any questions on the drainage moving on environmental impact report um we believe this is not needed but the board should listen a testimony uh on the uses being contemplated and decide if they need uh additional information does the environmental impact report also include septic um tanks any type of um hazards previous hazards on the property yes yes and yes it touches on all that it can't touch on all that in this case I didn't think that a full since it's since no new buildings are being re are being built and and the parking area is a lot of the areas are already either paved or stoned or graveled it's not a huge detriment to the so there's no disruption correct of the whatever is there is there but this application is not doing anything to disturb or disrupt Bill what happens with the hbac business in terms of do they bring trash back from job sites how um refrigerant how's that handled do you have a separate shop there'll be no construction Al your sworn in remember your namee uh my name is AER um we I mean uh we any just like said ref or anything we drop it off to the supply house before we bring it back before we bring to the supply house before we come back with our trucks to the uh to the office supply it's not onite what do you dispose of onsite General garbage office just a cardboard the systems come in like cardboard casings um and then uh pallets wooden pallets the record at the supply house is not on the property no no it's not on the property would it be reasonable to include something that there'll be no constru construction debris materials Exposed on site oh of course we' agree with that yeah I think that's fair all all uh disposable materials should be contained within the refuse and with regard to the environmental impact statement we are replacing the septic that's it's absolutely happening so the board knows I don't think you said you were replacing it just to clarify the testimony you're abandoning it and I the the old system the the yeah in accordance with regulations of course I just said replace makes it sound like you're G to do installing a new system thank you Mr Stewart yeah that's needs clarification you're right yep Mr Stuart is correct you do want you do want to clarify aband yeah not replacement but installing a new one and abandoning it well they may rip make you rip up the old one or do whatever you need to do so whatever is yeah not in our jurisdiction but whatever the county makes you do God bless you you know yeah understood Mr hoder earthw work calculation I don't believe they need to do with calculation because there's going to be so little dirt that's M on this surf okay minimal disturbance to the soil are we okay without earth work Mr venberg does that satisfy the environmental sounds good to me sounds good okay Dominique yes okay well actually um last time we were here I had asked a question if there were any mature trees being removed and I think it was said said there are no trees on the property I did drive by and it looked like there were trees in the back of the property so I just wanted to revisit that question yeah are there any mature trees being removed no no so what we are removing is just gravel areas and pavement that's it you can see that Tre in thank you just to clarify in your potential future driveway looks like it might interfere with the one tree and we we're GNA try to save that tree if it's item G is discussing the um Circle and the work that the state's doing on the circle um it's up to the applicant to get that information from the state we can uh we can only advise they have that information so um I think that would come under the heading of their uh their knowledge and the fact that they have that okay on to number three ordinance 150 42b designed standards the loading area is now 10 feet from the property line yep I would rather not I would rather just painstakingly not have to turn around and go back so I would like to stay with this I think when we get to lizz's um I and you tell me but I think when we get to Liz she can say we've covered this here it is but if you want to ask a question about it then we could but we're gonna cover yours as well can I just I've been corrected by my fellow Engineers who know more about this than I do which is I I had been initially they had showed parking spaces right up against the building right they've removed those they put this sort of lawn area along Heist toown Road when I was looking at this I plan I thought oh this loading this loading space could be a truck parking space is right up against the building so I guess the qu if that if it's a loading space that makes sense as Andrew and daveid both pointed out to me of course the loading space goes right up against a building the question I guess I have for the applicant and this is when you would need waiver relief is would any trucks be parked there like overnight or is it strictly you know sort of loading in and out and that is possible overnight parking okay so then a waiver sorry okay so that waiver still is relevant still exists yes Jason is that satisfy okay so my item 3 a is also now satisfied I was talking really about the 10 property line for the space which is now it's much larger than so the only thing I would comment on that looking at your landscape plan it doesn't look like the low shrubs and Landscape buffer really meets the intent of that ordinance to doesn't meet the intent reading that part of the ordinance it says including a low wall or fence or planning shall be provided to me I'm reading that is something is buffering the cars but right now there's Just Three Trees shown and three little shrubs in between the trees that's not really going to provide you that landscape buffering I I question it primary fronted street but doesn't it provide you like a sight line of not to go you have more shown on your landscape plan I was looking at that one you have more shown on your landscape plan okay for getet that got it okay so that takes care of a takes care of B questions on a or b okay so we'll pick that up on lizza's report would that be the best way to do that yes I Okay C vehicular circulation minimum distance between curb Cuts along one road is is 100 ft and the applicant conforms so we are good D I do have questions on vehicular circulation so is this the time to ask or should I wait this is the time okay so if we look at a couple of questions first of all if we look at the sheet we all got with the four different paines that have different um truck circulation and I guess I'll refer to them as upper left upper right lower left and lower right lower um lower left shows what would happen if you needed to get to the the garbage truck needed to get to the garbage and it assumes it comes in off Brickyard Road and then needs to do essentially a three-point turn because it needs to collect the garbage from the rear moving up to upper left however it shows it driving straight into the garbage from the front and it doesn't show any kind of circulation for turning around to actually get to the rear to collect the garbage so I just wanted to clarify whether our consultant was still comfortable that that would be a safe thing to do there since it's not really covered in the scenarios straight pick up show back at uh I believe the upper left shows a front loing uh trash truck so that it can pull right up to the trash enclosure and then so just to clarify then we're counting on sort of the truck to know that if they're front loading they're going to come in off of South Main and if they're rear loading they're going to come in off of Brickyard they would have to be guided to do that because a front loader could not make that access they're showing it can be done so the path would have to be given to and I'm assuming that's a private uh absolute so you would have control over that and then the and the lower left still shows because it's done the three-point turn it shows the arrows sort of following it back out on the Brickyard again I'm unclear since they don't show a three-point turnaround even if it is a front loader on the upper left how is it getting back out after it's collected the garbage here I would prefer the applicant to give that uh testimony but I can follow up after that so what do you explain how yeah so the the uh the top portion it says entering the site so the the trucks will be coming from South Main Street coming into the dumpsters picking it up the lower portion is demonstrating is going to back up a little bit and it's going to go out break so the lower portion is ex so you're showing a front loader in both Cas so you're assuming only a front loader scenario yeah definitely a okay so then the testimony is all of it will be front loading they will always come got it got it okay um cat was that clear now yeah if if that's what we're saying is that they're exclusively using front loaders and they're going to have one way in and one way out that's clear to me um my that answers actually a couple of the other questions about this to uh are we comfor okay so inter y That's fine so switching to the Future parking um document a couple of questions one we don't have the equivalent um demonstration here of what happens with the truck traffic here if if you because there's two scenarios one we've moved the the garbage so I'm now no longer clear how a front loing garbage truck in particular a front loading garbage truck is going to maneuver to be able to get to the garbage where it's been relocated if they're having to come in and out of the future driveway which one are you on just so I can follow you drive so they come in and now what we've heard testimony is that that future driveway may be the only path in and out so you have to assume that they have either access to Brickyard or heightstown regardless of whether they had access to Brickyard or not not I'm not you know we now there's not going to be much less maneuvering room for that frontload garbage truck to with the behind and the handicap space how do you maneuver a front loing proposing relocating the garbage [Music] bin this okay might work um I I defer to you but seems all right to me can I weigh in there sure because the uh Brickyard driveway would be closed and Brickyard Road would be abandoned there is the possibility to move the trash enclosure closer closer to the Loading area and therefore have the truck turning be done on that side of the site so that it's not across from the parking that's a possibility too but y again this was presented us us tonight so I didn't really get a chance to look at it but I I think this is the with the future driveway and we could work through exactly what's done with this once the realignment of Brickyard Road is done right um I think it's difficult for us to understand what dot is ultimately going to deliver as part of that project so to hold them hold them uh responsible for whatever do might do in the future I do understand your concern but even that driveway at this point do is going to locate it they're going to work with the uh they're going to work with the uh Property Owners you know and they're going to build it to their satisfaction because dot needs them for this that project to be successful um I think there's going to be a you know there's a lot of things that could potentially happen on the site that uh would be covered by that but uh even that little thing is just a sketch it's a best guess of where that driveway might end up in the future well I guess my concern is is that we we don't know what dos do but we've heard testimony and now officially have this document in the record as part of what we're reviewing for the purpose of this application of what's supposed to happen right I don't know why they would have provided it so I felt like compelled if this is an official document that we have to have reviewed this document you mean the do no their document for what happens on their property not on the dot area their proposing and part of our application is if the dot does X we're going to do y to your point does our resolution need to note that the trash enclosure can move might move according to changes that are made I I don't want them to have to come back after the state comes to them how can we avoid that also on the trash enclosure they're talking about brick vener I don't believe brick veneer is a legal e for us um and if it may not stay forever you may not want to invest in Brick if you've got to move it um so there's that you could add a provision on the resolution that we have to not necessarily come back but we would have to meet with the board's traffic engineer to to determine I was actually going to suggest something similar we've done things in the past where we basically defer to the professionals to resolve things with knowledge of our of our concerns I'd be fine that um moving on to the one other point so the plan shows you losing two usable parking spots um because you've moved the uh the trash encloser to them which you may or may not reposition now and then you adding four so I think it's a net gain of two and in my opinion those four are in an awkward spot where they're halfway through the turn and getting an out's going to be crazy so what I don't understand is why there isn't room for the two directly to the left of the new trash enclosure and then you're still net equal with what you had in the other plan and it it's much more aligned with the rest of the parking two spots I hate to lose any spots um what what do you seeing here well the the sketch that we have here it's just a sketch so we really don't know what's the ultimate design of do well let's just start from the beginning is there a reason that you needed to net increase to part working spaces and the realignment just demonstrating that yes we can I remember last time we we were talking about what if we decided to go that way where are you going to make up for the parking so I was just demonstrating that hey we can we can add do we need we don't need to net two more well so in the spirit of the fact that we're going to defer this to Andrew should it happen in the future Andrew it is my testimony that that those parking spaces are weird there and would be better with the rest of the parking use your judgment that's fine I hear you and I understand what you're saying and we can work with the eventual location of the trash enclosure and the parking spaces they can be worked in then Sharon we would have to put that I I will include that if that happens that they need to be relocated they'll work with the engineer to find a suitable spot okay if if this happens more than two years they've got to come back anyway right or more than a year this this approval is only good for a year we're not approving that other plan because the loading dock access doesn't really work either it's a sketch right this plan yeah but not the plan on the right not that way that's just a You Know sample of what might happen but we really should be looking at it's an example that they are thinking if it if it does happen this is what they they could do but we are approving the right and we'd be back in front of the board yeah sure and and remember we we also were talking about the septic we don't know where the septic is going to go because that's determined by the soul T so a lot wait just to clarify you said where the septic is going to go so you are building a new septic so you are replacing it you're not abandoning your new septic and new okay so we're not abandoning the septic [Music] you're oh no I no didn't we clarify this earlier it's it's a new septic we're we're not we're abandoning abandoning so what you're saying is you're going to just leave the old one where it is and then install it they can't he can't say that they may they may ask them to rip that all out right well then that's just it's a little bit different than the testimony that no no I've been saying all along to board member Wom comment we're gon to we have to comply with the regulations if the if the regs require us to rip it out that's what we have to do so yeah it's it's not just a if they say they can fill it with sand the call the day they'll do it I'm fine with all that there was earlier testimony that said that they weren't that they were going to leave it alone and that's why they weren't too concerned with where it was at so if we're saying that's correct but now they've come back and said that they're going to put in a new system yeah okay so yes I agree with Jason that was my um that was my thought as well so okay moving around D we're good on we're good on c d has been done unless there are questions we're talking about the driveways uh on either side of Brickyard Road um uh the applicant does not conform all drives in the area should be shown and they say this has been done any questions from the board hearing none we'll move to pedestrian circulation which is e um we've talked about the sidewalks we're going to defer the sidewalks to the county all good F ordinance 15042 B3 A1 parking may be provided in the front side or rear yard applicant is providing parking in the front yards that's just okay could we just clarify where the truck overnight truck parking is going to be um that also would require a waiver we have no overnight parking uh vehicle so that is um that is a waiver that you would be that's a real waiver yes that you're going to be seeking correct they requested that it's part of their application yeah right did and are you giving some kind of testimony that I think Mr Giddings would like to know where the truck would be parked if it where for staying overnight like what's the yeah board member gettings do you have any preference I mean usually ask behind the building the back of the building is not attractive the front of the building is so I think majority of the people see see this from the front so it'd be nice if the hvbc trucks are behind in the back absolutely back yeah we're talking about just overnight parking overnight overnight truck parking the van the van these are work they're not tractor trailers let's be specific here they're work vans correct all right so we're not parking tractor trailers but I behind here overnight they are work vans so the answer is yes in the loading area yeah could you just clarify because there was some talking they're going where in the loading area loading area okay I'm giving Sharon and Robin's fingers a moment to catch up because we are um doing a lot here um the applicant has submitted the lighting plan we've spoke about the lighting plan we're not we do not have anything conclusive to say it is in line or not in line with 7-Eleven but the thought is that it is in that same uh foot candle vicinity and we're satisfied with the type of lights that was a question to the board we're good yeah yeah okay so four B I believe this goes to you Liz um the style of light and the light standard shall be compatible with the architectural style of the principal building 4B page four page seven page four of seven sorry when I looked at it it seemed fine it seemed to be acceptable to our standards and guidelines yeah did the board see that differently have you seen the lights were okay with the style talking about the colonial yes yes thanks s for clarifying them little too much brevity here um section A4 uh all light shall be shielded this has been done so C is complete A5 D when lights are provided the intentionally shall comply we've heard testimony that that will comply um I parking lots this is acceptable uh double I intersections has been done and is complete d okay so this isn't this is a waiver that the board would need to consider 1.8 where where 1.0 is permitted can you just explain the magnitude of the difference between 1.0 can you explain the magnitude of the difference between 1.0 and 1.8 well like I said it's logarithmic which means that uh it increases it doesn't increase 1: one but it increases 10: one but 1.8 in some towns is allowed under uh their ordinances 1.8 is allowed in intersections on RS and it just so happens that there's two lights that overlap their foot candles and it raises in that one spot I mean there could be oh so it's a cumulative effect it's not the light not the indidual light it's the two lights yeah that's why you do um contour maps that have both lights shown and then but what I'm saying is that it's not so intense that uh that it's going to be a problem be a distraction to the drivers on 130 no it won be any no because it's only nominally above double I has been done triple I has been done unless there are questions please stop me if you have a question coordinate section A9 concrete foundation basis shall not exceed six Ines the foundation conforms um the loading Area conforms 15 by 35 unless there are questions that was a waiver right except I I do believe there's a partial waiver for buffering I don't as for myself bill I don't think there's enough trees but that's up to the board uh it's not like there's a house across the street that's going to be affected it's Brickyard Road so number five a would require the board's consideration cor right well if the applicant would consider putting more gra it up strawberry in if you can do it yeah we can add a few more shrubs along the uh parking uh the loading uh if you can squeeze them in yeah yeah between a tree and a ling area we could do that okay so you're withdrawing your request for a waiver assuming that you consider it uh yeah we will work with yeah we're working absolutely a new group of if it's approve yes probably three more shrubs okay so we could take that off as a waiver then you'll put you'll put more Shrubbery in okay and then as far as location you're saying it's between the tree and the loading area is that what you said I heard yeah yes we will be three more shrubs we can fit in yes okay we have had questions on storage and disposal of waste if there are any more questions that's number six hearing none so just the enclosure detail is it real brick or is it brick veneer that's what I asked Liz to verify on the guidelines brick veneer is not uh this is what the guidelines say it has to be a durable material that is compatible and harmonious with the main building so it's not it's not really specific and on their plan they said brick or material that's on the building right and so if the if if the board is okay with that they don't need a waiver or anything like that they're compliant okay yeah but I mean do is so do we have a preference [Laughter] right true so we would certainly comply with the ordinance well if you use the glue and stick brick you don't right well don't have that on the similar material right or similar material yeah given the fact that you might have to move it I probably would use similar materials that are on the building just to save you we appreciate that if it has to be moved I mean this is yes not have too much faith in New Jersey do they've been working on this for about 10 years at that point probably have to repair your well that's that's true this this is the applicant applicant's Choice here yeah right that's fair I think the sign detail both said both I think it said um that uh on one of the plans uh brick veneer or like yeah if there's any ambiguity we work with board engineer Network order board planers yeah I I would professionals I would like to have um some specificity like what um Mr Gidding said about you know B brick veneer can be you know sort of interpreted as like you know half an inch thick that it would be compliant um with the ordinance so that there's no impression that we're like endorsing whatever brick veneer you want to use I understand yeah can we specify that it's minimum 4 in brick veneer or full block what what's in the guidelines yeah well I don't think it's that specific in the guid just says durable material that's harmonious with the main building but what I could offer is that you know Dave or or Dave and myself could review what they are proposing and if the board were you know felt comfortable with that but while all that sounds good this may be a year away or they may get delayed or they you know what I mean so I mean it's probably best if we're clear on resolution so that they don't have to go back to you unless you know what I mean like yeah I mean but then they may not be bricking that for I don't know a time I'm not sure but if it if it says somewhere in an ordinance that brick veneer has to be a certain depth can't we just say that it has to be compliant with the ordinance we went through that with another applicant on the same road about um is itus so could we get a commitment from the applicant not to use half inch thick brick veneer and if they were to Veneer at all and just give us the orang men what's the uh that's pretty standard well yeah but I also yeah and I I also think they're trying to beautify their lot and and um I will say I know this is arduous but what you're doing is going to really improve that site and and we all recognize that we just want to make sure that you're safe and that uh the site is uh sustained and looks good uh and is um and is safe for the for the people who are using it that's fine we'll to that so is that so so we we're committing to essentially what was the stand mind uh if brick veneer is used in L of full brick it would be 4 in Min in thickness that's fine what is a brick brick is I think 2 and half inil don't mind me saying detail shows an 8 in CMU which concrete block a concrete block in the middle yeah and then outside of that is what they call the veneer right and a standard brick is what two and a half by two and a half by six it's three and five Ace five three and five Ace there you go okay okay so it so yeah so then it wouldn't be it just right so it either be built with brick or it would have a brick yeah I just didn't want to put them in a into a category where you can't get that brick right I'm used to doing ston so you need four inches of stone otherwise it's yes so you're okay with the equivalent size of the brick and three and 58 yeah yeah yeah no special Bri sure that's fine the next section number seven uh all the ordinance uh is for landscaping which they comply uh number a through G all have been done number nine storm water management um there's no disturbance um and they will have to comply with they report okay AC and it's acceptable it says the narrative has been submitted and is accepted any questions on the storm water management hearing none environmental impact statement um that has not been provided is that correct and I know I see your note that you uh don't feel that uh should be provided uh does anyone information tax not check so if you're not providing it checklist and section 1504 okay any questions on that all right moving to 11 n jdot we will defer uh all signed should have Breakaway post that has been revised all signs should be provided as per do standard that has been revised if the applicant is successful the following items shall be provided at the appropriate time um the applicant agrees to comply with a b and c the drawings the submittal the sign off um there three submittals there you you agree to all acceptable yes resolution okay great I I would note when it comes to certain submissions and copying the uh the board or the township I know Mr fand had a couple of uh one or two points in his memorandum I don't know if we're going back to his report but we would agree to those as well yeah okay just as a matter of housekeeping y I appreciate that uh that concludes Mr hodder's report we will move to miss Laney's report we had questions on easement and septic compatibility that seems to has have been resolved everything yes for Mr hoder okay nope everybody speak now forever hold your pce uh there were no other right no but we we are finished with his report the last of his report was uh the outside agencies and whether or not they would comply with what the resolution uh says on drawings and sign off and that sort of thing okay good Miss Lany yes so your report is more um uh per the ordinance so if you could take us through this and show this board where it needs to have consideration and answer board's questions uh fire at will okay so just I think I'm to be clear I'm not going to mention waivers that we've decided they they no longer need or they' have addressed if that's okay even okay so just the first waiver that is not in my letter but was in Dave's letter just so everybody remembers is the lighting the 1.8 versus 1.0 so that's the first design waiver um the second design waiver uh this has to do with um parking spaces being at least 10 feet from a building and it was established that the over there might be some uh truck parking that would be in that loading space which is would be closer than 10 ft is that correct loading space is definitely within 10 ft yes but will parking take place in that loading space it it will correct I yeah okay okay um so that waiver y the next waiver that's still applies um oh no it doesn't sorry the next waiver that still applies has to do with the the size of the spaces if you have 18 foot long parking spaces you're supposed to have a twoot overh which they have not provided they gave reasons why not but that's that's the next waiver along the perimeter correct right and um the next one is this whole issue of having a one Bay of parking and then 10 foot of landscaping and then the building and so um you know that's something that applies to all of the these these commercial zones but you know it good house keeping they need the waiver um then the final waiver that they need is um regarding the sidewalks which I know we've talked about um they were supposed to provide them on heightstown road and Brickyard Road they are proposing them for heightstown road which the board is deferring to the county and Brickyard Road which they're not proposing but I I believe I if I heard correctly the board understands that Brickyard Road the future Brickyard y Brickyard Road is uncertain and so they don't want to require sidewalks there and that's that's it that's the conclusion on your uh question for you what is the 10,648 square foot right of way easen and what is it for right and that's a good that was a question that I had Beyond this list of waivers it's on the site plan along the existing Brickyard Road there is a area that says easement to be into the township and it's 10,000 odd feet and I I don't know what it if you could just provide some testimony what it is and what's gonna happen to it so um the deed to uh on this property is not following the right of way a typical deed of a right of a public right of way so the view of the property you could see that it's on and off Brickyard Road so in certain areas they have following the center line and certain areas of the center line as you see it on the map it's on shown on sheet 304 so what we did is that uh which is a typical engineering standard is that we take the pavement split it in the middle and go 25 ft from the center line of that pavement and that's how we sto with that with the center line from the center line of the pavement so we split it from Brickyard Ro we still on brick yes so on Brickyard so we took the the pavement we split it and then offset 25 ft into our site and we called it a rideway easement it's not a Tak in it's just an easement and the reason that we're proposing as an easa for now because we know that it's going to be pated so we don't want to give right away and then we get it back so is it an actual like recorded easement I'm I'm not sure as far as the uh legally to go about it but um yes in a in a perfect situation yes if I could the ordinance require the ordinance requires that an applicant that is on a substandard road dedicate land the township to create the right of way that should be there as per our master plan that's what they're doing the irony of this is that it may wind up getting split back to them in a vacation uh in the future when the dot does their uh work so I would provide a proposed right of way d uh to the board attorney for Sharon's review and yeah so so and of course DAV review of the I'll take a look at the description so the bottom line is this Brickyard Road was built like Petty Road he has no idea what you mean yeah I'm talking to the board pett road so petty Road it's all over the place this it looks like Brickyard Road is built the same way they kind of just since it is a Town Road they just built it wherever they thought it should be with relation to the adjacent properties and then take it into account whatever I'm satisfied with the question does the board have any more questions for I first of all the easement is that the dotted line like that sort of go through the trees okay and you're creating a right of way VIA easement right of way EAS the doent will be the easement I'm sorry the document that you submit and prepare legally we would call it a right of way deed right dedication so so eement isn't really the right term correct it's it's a dedication right corre yeah and um the right ofo deed like in the event that this road you know it's no longer required because there's no longer a road there are you making it conditional or is it just no no there be no need to do that if it's vacated one day then it's we're going to sell it they're going to sell it back to us we're sell it what Mr said is that on their plan they have to show an easement I'm just looking at the terms of what it is and what legally it is that they're giving us so so right way and and that you know the description should be approved by the engineer the um actual document uh since that's going to be dedicated to the municipality that should be approved by the township that's fine and I mean uh I mean I could look at it but they're they're the ones to accept it so it would be a condition of approval and it should be acceptable to the township attorney and approved by the township and you know in towns I represent we do that by ordinance so because you're accepting a property interest understood thank you that was my uh concern that it needed to go to the township if it was going to be cified correctly oh God the official respones they're putting in a new septic field anyway they're not going to put it in there in the new RightWay zone so correct in fact what I would do since it is going to be accepted by the township probably should be reviewed by both board both Engineers board engineer and town engineer and as far as the description goes hopefully you guys both attorneys yeah you could send it to me and a copy both of us but really you know it's town that's yes and that's what we would do we would find it not inconsistent with the master plan any further questions by the board yes Phil I encourage you so when we're putting uh curves on Brickyard Road there's the mailboxes for the building where are really it's really close to the intersection it's is that mailbox can can I ask the applicant is that mailbox utilized does the there's two there's a Express Mail mailbox postal box but then there's individual mailboxes for each tenant and once we make a curve that's I mean it seems very dangerous for the post postal worker now I think we move it we'll move it so so it's more it's safer yeah obviously there's no need for that there's no need for that for that mailbox that that's really nice of you to say but that is a US postal box well one is their mailboxes oh one is your mailbox yeah one is the your mailbox yeah that would did Andrew did you see that are you do you understand the what's been raised here about the mailboxes and the traffic right there at the corner and with a curb the postal guy can kind of pull off a little bit on the dirt grass whatever but once there's a curb he's going to be right in the middle of traffic and car is not going to be a let me question too they have an address of two Brickyard Road um if that road goes away to a dedication or whatever the mailbox the all of that should be rethought because the address will change correct if there's no more Brickyard Road on they'll still be on Brickyard make sure the alignment goes to the other side but I don't know correct so the mailbox and the the address should be checked um but to Mr getting's point this say the traffic of a postal um truck can they get in and out is that your question with the the way the curbing is I both should be moved no one should be stopping there the intersection to put thing right uh in the Express mailbox and the postal person shouldn't be stopping right at the corner to drop off mail so I think all that should be worked out with the post office and moved to a safer location we should put an item in the uh any if it's a positive resolution that the applicant goes to the postmaster and requests a change to the location of the mailbox that's fine we've done that before yep I also have one other comment that's has to do with the uh the right of w which was once in easan sure um there are six uh concrete blocks uh like you see out on Route 33 uh made by concrete companies that are large and I I I want I would like to have the applicant remove those blocks as part of the RightWay uh dedication we don't want to have to remove them ourselves meaning the town how big are they I don't know they look like they're they're six four 6X 2 by two or something like that they're big you need you need a small crane no you need you need a back that's fine have agreement and then agreement and then what about tenant signage on the building I didn't hear that what about tenant signage on the building so there's the one corner sign for all the tenants but each Suite has an entry door what is going to be done for signage will comply with the ordinance I know it's was it 5% of the facade oh they um they represented that they would comply with the ordinance the problem of course is that um they they don't know their tenants yet so they'll have to go to the zoning officer for each sign so sign permits from the zon yeah exactly thank you one one last thing um I saw um number seven um about the electrical or the equipment mechanical equipment on the side of the building there's the electrical panels that are really high very visible on the north side of the building um there's Five Tenant pan with theer panel above it and it's like 5T high or so um screening in front of that is that required by ordinance sets the question I didn't uh I didn't see it but now that you say it I I know what you're talking about but is that a pre-existing it it actually was not it's not building one it was building two there looked like there was some mechanical equipment on the north side of the building and so we were acting if that if that could be um you know screen the backyard or the backyard for the existing I mean they're both existing buildings but the not the main building the other one building two that there was some um there if you could wanted to make sure it was appropriately screened in accordance with our ordinance just as long as it doesn't prohibit access to those panels right just if the utility or emergency response has to get to it the there's a sidewalk so this screening the yeah that's fine a little yeah again at the end of the day we very much appreciate that this site is going to look so much better when it's done even though we have all had a lot of questions our goal is for it to be a sight Improvement but to be safe uh and and to look more like uh cranberry's more Village um sure uh presentation the circle is more of a gateway to Cranberry so we're very sensitive about that area um and believe me we don't just do this to you but this did have a lot lot of uh complex um uh waivers in it um now I have to go back to my board and make sure that the board is satisfied and whether or not the board is prepared to vote uh as uh with the information that we have before us Madame mayor are you comfortable with the information that you have yes I am and I Echo your statements I think that this is a much greater needed Improvement to this location absolutely Mr fronte yes I'm I'm good with the waivers as outlined okay you guys okay Sharon how would if first of all yeah probably should ask for any public comment yeah so on this application do we have any public comment anyone that has has melted in the back uh hearing none I will come back to this board and see if there is a recommendation but how do we phrase that as discussed if because if there is a waiver that anyone does not want to pass then the application wouldn't pass is that correct well if you don't if you can approve it without passing a a waiver and you know or or basically uh yeah disapproving a waiver and then that'll be up to the applicant to they want to come back and contest something like that or so I'll ask the board if there's anyone that has any particular waiver that they would not uh be amendable to accept for this application nope okay can I get a motion yes you can I think so I've been taking this whole time put this all together and and of course you know I always circulate this you know to everyone so by the time we get this in front of the board I think we'll you know I mean I have copious notes here hopefully I can understand everything by the time it's done um and then I'll Robin does great minutes it'll go around to the board applicants attorney you know by the time it's presented it'll be in shape um and so what your application approval was for was uh major and preliminary final site plan approval with the waivers to um construct their proposed application and uh you know I will go through all of them I we we pretty much got it on the record here I move that we approve for all of the discussion and notes on where we left off on the waivers which we'll be able to review in the resolution draft do I have a second I'll second it okay roll call Miss elwi yes Mr fronte yes Mr Giddings yes Mr milenberg yes Miss Jones yes Mr Stewart yes Mr Whitman yes and Miss Bon yes thank you motion pass thank you thank you for your comments and the board's professionals as well their comments and the board's comments we really appreciate it this was a lot of work by our professionals giving the complexity of it we do appreciate what you're doing I also have to say I appreciate this board you really dug in you did good work uh and thank you very much for uh your service so thank you for your time this evening we appreciate you're welcome thank you Robin do we have anything else on the agenda because I can't do not may I have a motion to ajour so moved I have a second I'll second all those in favor I any opposed motion carries we are dismissed