here um this is the planning board meeting for June 5th 2024 in accordance with the open public meetings act P 1975 chapter 231 adequate notice of this regular meeting of the planning board of the township has been provided if you all please stand for the Pledge of Allegiance I pledge Ali to the flag of the United States of America and to republ for which it stands one nation under God indivisible and Justice councilman and not here uh theore Chase here Robert Lort here Sammy sioban here Jennifer ragno here Mah Rafi here uh Charles Brown has to be excused Mike Robert Thomas here Rebecca hbert here Mark Dan and chairman or here um so before we get begin let me just um go over the agenda here so Davidson property is going to be carried to September 4th no further notification needed so if you're here for that um come back on September 4th um for the board members after we're done with our one hearing tonight which should be a fairly rapid one um um I've asked Jim to give us um which I have done about every year or so um a little update on um planning case law that might be relevant to us and a couple other things so just stick around for that maybe about 10 minutes or so 15 minutes whatever 15 okay I'll it's well it's well worth the time I've never seen these talk fast yeah uh so with that um motion for the minutes of the regular meeting April 17th you're making a motion I will I'll second let's just get through this T Chase may I comment over the minutes yes oh yes of course sorry I thought you had a separate question okay the May um the onx minutes of fine there's a few typos I think you can fix there's just three things in the May 15th minutes I just want to check the I'm writing reinterpreting them on on page six paragraph five that's the one beginning chairman orini uh I think it reads their side of the building toward dhama road is referring to the loading zone and that's on the side away from dhama Road right yeah no and in the last paragraph is it speaks of a maximum of 50 DB at night and 50 DB during the day I well I it should be 65 dbel during the day anyway and then on on page nine uh line three from the top uh made the maximum effort to meet the tree replacement value it doesn't say tree there and it's rather R clear unless you okay if you send me you you usually send me your notes if you want to send me your notes Kathy can change it or if she doesn't have time I'll change it before they're uploaded to the system I can give you a little you can give me that yeah that was fine and well when we get to the May 15th minutes whoever makes the motion will will make that make that a condition or Amendment y so we did have a motion in a second for April 17th um correct um Mike Rini first and Robert Thomas second so Theodore Chase yes and we'll make the corrections that you asked uh Robert Lort yes Sammy shaan yes Jennifer ragno Yes Mahia Rafi yes Robert Thomas yes Rebecca Hilbert yes chairman oring yes um and I'll make a motion for the minutes for the regular meeting of May 15th amended um per Ted's um correction I'll second that okay Ted um Ted Chase yes Robert LT yes Jennifer ragno Yes Robert Thomas yes chairman marcini yes of one resolution tonight North View Associates if you recall that was the subject of the last meeting's minor subcommittee um we felt that it deserved um its own resolution um so uh that's what that is so only you M here wasn't available so you and Bob have to one first one second and then it's just the two of you that's it okay well that's easy I'll move it second okay Bob th Robert Thomas yes Michael arini yes okay so we have a couple discussion items ordinances uh 44 40-24 anti idling signage on which we will need a vote so this is uh an ordinance it's referred to you um again Pro the municipal land law when the council introduces an ordinance that's going to change the Land Development ordinance it uh by law needs to be referred to you uh to determine if it's uh if there's any inconsistencies with the master plan or if you have any general recommendations to make um I me basically it's it's a pretty short ordinance but it it it requires um as part of site plan applications um that the um that the developer has to indicate where they're going to be placing anti-idling signage um on the site and place it and yeah of course yes per the site plan yeah I read the ordinance is pretty straightforward and you know it's a good thing environmentally and otherwise and especially for you know warehouses or anything commercial that a buts of residential use we certainly want as minimal idling as possible so that's what this ordinance seems to too yeah it's been back and forth between the environmental commission and the manager and councel for quite a while I think about a year and a half and we finally got agreement sounds good so I mean I I'll make a motion that we endorse it I'll second that Ted Chase yes bobert Lort yes yes Samy Shaban yes Jennifer ragno Yes Mahia Rafi yes Robert Thomas yes and chairman orini yes uh the second ordinance 4441 d24 um regards three Wells on a temporary basis this is for the development currently um in progress off of Amwell Road behind restas three of those houses cannot be served by public water at the moment but they will have to be within a year and Mark I don't know if you want to add anything to that now yeah I I I think I might defer to Vince actually Vince You Vince has been more involved than I have in this matter this this will dub tail into the one application tonight we have a a master permit that is expired and it's we whenever we do uh additional development as part of our Master permit with the D it has to be listed in there and we can't go over certain AG gallonage this development that those three homes would push it over the maximum so so to let them continue to build and we have an ordinance that says they must hook up plus the planning board uh approved it so they're they're either going to have to go back to the TRC or the planning board to amend that also but Council has to pass an ordinance to allow them to supersede the ordinance while it is not a development ordinance Council felt it was appropriate to bring it to your attention because if for some reason you want oh my God this is the worst thing on the planet they would not put it before them but basically it's a stop Gap as soon as we get a new master per they obviously don't want to have wells there chances are they will not ever install the Wells Because by the time they build these homes in a year from now we'll most likely have the master permit but to protect themselves and to protect our our our water operator who can't sign for water line extension that will service more than a certain amount of gallonage they have to pass the ordinance and then amend their site plan yeah I mean I would agree with you probably will never really come to pass and if I were them I would just slow walk those last three homes until you got the permit and not have to spend you know money to dig a well and do all that and and then convert it to public water and just to be clear Vince just when you when you say the master permit that's that's the Township's permit with the D for the water system yes you don't you don't need a formal vote on it it's just you know if you were had great offense to it for some reason but as long as there's nothing we can move on yeah just so for technical just for this isn't a land devel this is not a Land Development ordinance so you don't have to discuss consistency with the master plan whatever this is really more of an FYI yeah it's more administrative because of the things that Vince just outlined but I think in practicality it it probably shouldn't if I were the developer I wouldn't I guarantee you they do not want to waste money to install Wells that's just and how long do we expect the DP to take in updating the master permit well as soon as we finalize our second contract we have we have two water operators American water and and and New Brunswick uh we haven't finalized or water we've we've agreed on the numbers which will will satisfy our needs but we haven't agreed on a little bit of language with Force majour language as soon as that's done we'll sign the contracts then Carl can finish preparing it which will take him a couple months and then it goes to the D and anywhere between three and six months typically it takes them to review it so once again it's about a year process by the time they be ready for those homes so hopefully within that time period we'll get it done but they have to protect themselves God forbid something happens and we're two years into the process and they're going to have to make a decision they they do not want to waste tens of thousands of dollars and then a year later have to abandon those Wells and spend more money and it does it makes the houses less valuable being on the wells also so I land likely it's going to be done yeah and according to the language of the ordinance once Franklin tells them they have capacity they have to hook them up within one year okay I had a slip of my eyes here for ordinance 44-24 Rebecca Hilbert yes sorry thank you oh did we miss heriz well good news this one doesn't need a vote so um I wanted to get her on okay so uh we had a minor subcommittee again tonight uh for a three lot subdivision on Charlotte Avenue which um is off Edgewood Terrace and is um nearly perfectly bisected by the municipal boundary of uh southbound Brook and Franklin um and I'll I'll just turn it over to mark for a summary of of of what the uhu I mean his report pretty much summed it all up and they've met um all the conditions um either satisfied or or they are no longer applicable due to their revisions and um Mark you can take it from there yeah so the minor subdivision subdivision committee met uh to this meeting as uh you recall when it's uh when there's a um entirely complying minor subdivision meaning they don't need any variances um it doesn't have to come before the full board it goes before the minor subdivision committee for approval um this is a three lot minor subdivision um that complies with all of the um provisions of Franklin's ordinance um so the subdivision committee went through uh over the application there was a technical uh Review Committee report um dated May 21st um based on that report the committee's recommend or the committee's approval is based on uh consistency with some remaining technical issues in the TRC report limiting disturbance to the degree shown on sheet four so they do show not the entirety of the sites being cleared but some areas in the back uh the roughly the rear third of each of the Lots being retained uh the planting of Street trees as shown on the plans and compliance with chapter 222 which which is the true removal ordinance um so similar to the Northview Associates will'll put together a resolution for the minor subdivision committee uh at the next meeting and again per our bylaws were the minor sub subdivision committees required to report their decision to this board so that's the report to you yeah and and and as a minor subdivision committee we we you know endorse the endorse the plan but we won't have to take that vote until they have the res olution before us oh you don't want to do the vote now okay I don't think so I mean until we have a resolution probably yeah um that brings us to open public comments so this is the portion where we open to the public for General planning comments not associated with it hearing otherwise we have tonight um we have one hearing which is Cal Sterling so if you're here for that there'll be a separate opening to address any comments there this is for other General planning comments that the public may have so with that I'm move to open to the public second all in favor I meeting is open to the public for any general planning comments seeing new takers move to close second all in favor um So Cal Sterling you're got make sure I have my microphone on Mr chairman ladies and gentlemen of the board it's a pleasure Jim stall Boris golden Foley venel hman install uh before I start on the on the text my double secret Witness some of you may or may not know that Peter Viola's daughter Mr Clark's granddaughter was uh graduated law school yesterday and she's a real terror in a very positive sense so someday you may or may not have the privilege of having her here and Jimmy is too humble to probably tell you all about it but I I want to personally congratulate him again thank you it's nice it's very nice both of her grandfathers are lawyers her father is a lawyer yeah I think I said Peter okay I see Peter went to law school and didn't finish because she had Lizzy end the story all right this is Cal Sterling uh I have a double secret preeminent witness here to my left who uh I'll produce in one second it's a would I like to say a simple application I think it is there are two buildings approved you may recall because of the water issue and the fact we can't start both of them and we can't phase it uh we have H filed an application to withdraw the one unit the one building leaving one building left now you will ask me I know someone will yes when the water is available we will come back in for another amended application so we're not withdrawing we're deferring second you playing with the word withdrawing uh thank you and um made me think oh oh I have uh we are we are agreeing to any and all of the TRC comments on the TRC report dated May 30 2024 each and every item as set forth in that report can and will be accommodated so now without further Ado my surprise double secret witness uh is Mr Vince Dominic seated to my left I don't know if he has to be sworn in do we SAR you in at the beginning of the year no we don't so you can ra your right hand sir please somly swear to tell the truth all truth and nothing but the truth so help you God I do thank you name and address for the record please 15 Imperial well I should list 475 deont Somerset I'm the economic development director for the town as as my esteemed friend pointed out uh the issue here is that uh the township has an expired Master permit and because of that the amount of units that we can allow to hook up on any one individual if we have the two buildings will exceed that so it's really a contractual relationship between the D and the township that is preventing they want to build a two buildings now we can't sign off on that so what they've agreed to do is temporarily remove it from the site plan and as soon as we can sign off on the second building I and and and the applicant will return and explain again that now we have you know assigned executed Master permit with the D all the original conditions they're going to comply with they've already said they're going to comply with the TRC there's nothing changed to the site plan all of the infrastructure for both buildings is allowed to go in they just can't make the connection to that building they won't be able to build that building until the master permit has been amended and from the AA uh provided in the report from the the staff it's cleared it's ready for development was always intended for development and like you say there are no changes from the originally granted approval true yeah I just wanted to clarify to just we may have some members of the public and I did have one or two folks come to the counter um which is to say that uh the the short history of this is that that rear portion of the property was was approved for Apartments way back when the the development was originally approved it was never built for whatever reason um they came back a few years ago to amend that approval they actually reduce the number of Apartments um that was the subject of a hearing um where members of the public participated um and there were conditions imposed as part of that including screening and the look of the buildings Etc nothing related to that approval is changing other than the timing of the buildings um and then correct me if for a WR is there any change even in the underground the alignment of underground water lines none so so literally nothing is changing on what was presented to the board and approved by the board a few years ago solely Rel related to the timing of the buildings I'm sorry storm drainage Paving uh water soil it's going to remain in place we haven't reduced the infrastructure uh it's going to stay the same and then uh as we're permitted in the future we'll come back uh with the amended site plan putting back the building which was deferred so it's basically in the short term if it was to move forward with construction that portion that's the second building May kind of look like a pad site like grass with um I don't have any questions any members of the board do um okay so without further Ado I'll um I'll make a motion to open this hearing to the public second um all in favor come to the microphone and um state your name and address and um if you're do you want to SAR yeah I'll swear raise your right hand please sir only me swear to tell the truth the whole truth nothing but the truth to help you guys got I do your name and address please David August like the month 50 spangenberg Lane uh I don't know 500 ft from the uh construction site so just wondering is there any plan for a temporary remediation of the infrastructure that's been put in already um which has some open areas that has water that collects in it uh and the like until um per Mission comes through to actually build on that build the second building well if if if if there's if there's an issue call us at the township and we'll send the inspector out to make sure you know if there's any standing order we'll we'll talk to the contractor you can call us at you can talk to Mark or Vince that's me Dominic you can call us emails Tech I'll give you my cell phone number if you want before you leave and you can just send me a text and tell me what the issue I will contact the contractor and the contractor will go out and and fix whatever the issue is Mr Aus we we intend you know to to do whatever is necessary to reduce any uh issues on the neighbors uh most of the Improvement should be done but as you say if there are any open issues you get a hold of either Vince or Mark they'll advise us and we'll have it taken care of okay thank you and so you're starting on the one building IM me medely right because you you can do that um they they've they've started the it is a construction site now but they were stopped because they couldn't put the underground but they're going full bore with the one building that they're allowed which should you know you're going to be there and you'll be able to correct pretty quickly any issues cuz maybe it was cleared without any vegetation or just gravel it settled it collected water or whatever the case may be you could easily remediate that while you're out there constructing the one building that you can for now well we've been pretty fortunate I haven't had any recent angry comments from uh code enforcement or Mr Healey so and you know what if we're notified we'll we'll have our client take care of it okay thank you any other members of the public need to come forward seeing no takers I move to close the public portion second all in favor um okay U um I'll make a motion to approve um this particularly unique um application in which there is no change to the original application um but that the applicant will construct the one building uh due to water capacity issues and uh defer construction of the second building and will return When um the um water capacity um is is uh provided and I offer three conditions Mr chairman you may certainly may applicant shall provide the TRC a construction plan stage plan for reviewing and approval prior to release of a certificate of occupancy for building one can we call that Logistics plan now Jim I'm only teasing that's that's I don't care staging is fine just reading what Mark wrote number two final roadway and parking lot surfacing shall not be completed until approved by the township engineering office agreed okay all conditions of the three prior resolutions will remain in force and effect except as may have been spe specifically modified or waved you got it that was good thank you thank you um I will um amend my motion to incorporate Mr Clark's comments okay Samy youor Chase yes Robert Lort yes Sammy shoban yes Jennifer ragno Yes Mahia Rafi yes Robert Thomas yes Rebecca Hilbert yes chairman arini yes thank you very much see you again pretty soon he Jimmy take you CL yes this is the it's going to be the highlight of the evening so and sure on the other no that's fine that's fine and how do you want to do you want um continue to you want to um you can tape it if you want keep it going there is your granddaughter going to join the family F some exorbitant for about and the over under I think is and then we hope to snag her all right so I'll keep my voice up so I don't have to hold the mic um doesn't have to oh oh definitely not in minutes all right but if you if you want to tape it that's fine so at the Chairman's suggestion uh I'm here going to cover two topics first one is a refresher on basic land use principles we're doing that is because there are no new cluster cases that you need to be aren't any right there's one case and I'll discuss further uh about uh conflicts of interest and some of you may have uh got it because it was fair heavily publicized um so the second item that we're going to hand on how to properly create resolution dening an applicationing it with a that's our second topic um some of this is basic and you're a veteran board but it never hurts to refresh right you are serving in ay judici what that means is e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e it's hard for me to think of a specific reason