[Music] I'd like to call this meeting to order of the township of how planning board Thursday May 9th 2024 I opening statement please thank you I hereby declare this meeting of the Howell Township planning board to be open adequate notice having been given pursuant to the New Jersey open public meeting act in the following manner first first on January 5th 2024 a copy of said notice was emailed to the Asbury Park Press and the Star Ledger second on January 5th 2024 a copy of said notice was hand delivered to the clerk of the township of Howell third on January 5th 2024 said notice was posted in the office of the planning board and on the bulletin board in the Howell Township Municipal Building 4567 Route 9 Howell Township New Jersey in accordance with the fire prevention code and your safety please be advised that this facility is designed with two emergency exits which are at the front and rear of the meeting room furthermore smoking is not permitted in the municipal building please take note that this meeting is being videotaped for possible future broadcast on Howl Township TV 77 thank you thank you roll call please Mr Cristiano's been excused Mr Greenfield here Mr leio here Mr Mercer here Mr tannin house I believe is going to be late yes Mr Withers I have not heard from Mr rebel I have not heard from councilwoman fiser here miss Pike here Mr Carbonic here and chairman huster here you have a quum thank you uh would everybody please rise for the Pledge of Allegiance and take a moment of silence for our men and women serving here in abroad to United States of America the it stands na indivisible justice for all thank you thank you uh first and foremost I apologize for my appearance to the applicants attorneys and members of the public I'm coming off of baseball field coaching so it's not my normal attire so I do apologize for the hat and hooded sweatshirt um before we do anything yes we need to have a motion for a new chairman so if we can do that first before we even start everything else may I I'd like to make a motion to appoint Nick Kor as our new chairman a second we have a motion and second Mr Cristiano is not here Mr Greenfield yes Mr leio yes Mr Mercer yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries thank you and now we need a another motion for a vice chairman since you're no longer the vice chair I'd like to make a motion for Joe Cristiano to be Vice chair I don't know if he can can we do that if he's not here if he's not here yeah he can yeah can yeah so you know that's the way you do it somebody's not there you appoint them yeah to um yeah okay I I'm gonna make a motion as well uh I can do that as chair yes uh I'm gonna make a motion for Mr Mercer I'll second that so we have a motion and a second for Mr M sir can I go ahead with roll second okay Mr Greenfield yes Mr leio yes Mr Mercer yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries congratulations congratulations now we can proceed with the rest of the agenda Okie doie uh we'll move on to approval of minutes for the regular meeting of February 15th 2024 eligible voters Mr Greenfield Mr legio Mr Mercer Mr Carbonic and myself do I have a motion I'll make a motion Mr Mercer do I have a second I'll second you're not eligible okay second Mr legio thank you Mr uh Greenfield yes Mr leio yes Mr Mercer yes Mr Carbonic yes and chairman huster yes motion carries thank you okay next are the regular meeting minutes from March 21st 2024 eligible voters are Mr Mercer and myself I'll make a motion I'll second we have a motion in a second Mr Mercer yes and chairman huster yes motion carries thank you and the last is for the regular meeting of April 4th 2024 eligible voters Mr legio Mr Mercer councilwoman fiser Miss Pike and myself I make a motion Mr legio and do I have a second I'll second Miss Pike Mr leio Mr Mercer yes councilwoman fiser yes Miss Pike yes and chairman huster yes motion carries thank you thank you ien any vouchers I have no vouchers any corresponden uh correspondence I have six ordinances that I S out yesterday for consistency with the master plan and they are scheduled for public Hearing in adoption on May 21st so we kind of have to comment on them tonight because our next meeting is probably being cancelled okay did did everybody have a chance to review quickly today yeah I okay for the Farms yeah yeah Mrs Beam yes sir how do you feel about that I think they are consistent with the master plan they're all related to Farmland preservation and farming so that they are consistent with our overall and that one is for storm water you want to do that separate or separate do that separate but we can vote on all the other five together correct yeah yeah I mean I read them they're fine so ordinance 024 134 15 16 and 17 we can have one Motion in a second and a vote on them okay I'll entertain a motion for the Farmland Mr Greenfield and a second and a second Mr Mercer for the second thank you Mr Greenfield yes Mr Leo yes Mr Mercer yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries thank you and then the separate ordinance is the storm water Jen so storm water is mandated by the state right yes it is consistent because our ordinances are always for our master plan is always advising us to be consistent with the state and County Etc yes okay any questions I will entertain a motion Mo Mr Greenfield second second Mr legio Mr Greenfield yes Mr leio yes Mr merer yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and CH uh chairman huster yes motion carries thank you thank you anything else e uh for correspondence I don't have correspondence but Mr Pape is here and we have one application at the end of the agenda is for Mark chikano Case sd- 2991 a uh that is going to be rescheduled to June the 20th and Mr Pape is going to notice so Mr chair members of the board we uh respect request that that application be heard by the board on June 20th and we Ren notice and republish for that date with permission is that acceptable acceptable thank you thank you Mr and that's all the correspondence I have okay moving right along uh resolutions case number SP 1035 for Josh van 2 Clayton GV LLC formerly known as Joseph Wilhelm it's a resolution granting 3 one year extensions of time eligible voters Mr Greenfield Mr legio Mr Mercer Mr Carbonic and myself do I have a motion to memorialize I'll make a motion to memorialize Mr Mercer do I have a second Mr legio Mr Greenfield yes Mr leio yes Mr Mercer yes Mr Carbonic yes and chairman huster yes motion carries resolutions memorialized and the second is for case number SD 30009 Augustine Kim a resolution granting minor subdivision with ancillary variance and design waiver relief eligible voters are myself Mr legio Mr Mercer councilwoman fiser and Miss Pike do I have a motion to memorialize make a motion Mr legio do I have a second I'll second Miss Pike Mr leio yes Mr Mercer yes councilwoman fiser yes Miss yes and chairman huster yes motion carries resolutions memorialized thank you thank you um as we get into the meet of the agenda I did want to make one announcement to the public which I'm sure people are here for um the it's it's number nine on our agenda the area in need of Redevelopment hearing which is a public hearing that is going to be heard last after the applications before the board uh we do have three applications but it will be heard tonight it's just going to be last on our agenda um so I just wanted to make members of the public aware of that okay for submission waivers first is case number SP 11122 32 Souther Avenue LLC for a preliminary and final major site plan with ancillary variance relief we have Mr viello good evening good evening Mr chairman members of the board for the record my name is Michael vidello I'm a licensed attorney in the state of New Jersey and I am representing the applicant on the matter the chairman just described we're here tonight for submission waivers and um we'll turn to those very quickly but just in short well typically counselor how we do it if we defer to our professionals Miss Newman on these matters and um she can summarize rather quickly y I'm I'm I'm happy to proceed in that format okay yes please from the testimony about support to be the truth trth I do so Mr chairman members of the board item three of our review letter dated April 5th contain the submission waivers um the only one that I would like to see submitted for completeness is the 2000 foot Downstream drainage analysis that's typical that this board requires that so that's the only item for the purposes of deeming the app complete okay thank you is that acceptable so Mr chairman that's a good question so we've gone through the submission waivers many of the items we have now and we can just submit so we don't need those waivers there's one item we'd ask for as a condition of approval um the maintenance and protection traffic plan so Mr viello I I guess listen to what you saying the only item we were going to request a waiver for is that item and my engineer can explain very briefly why we think and again this is not we typically do not have Engineers test ify at submission waiver hearings I took no exception to the granting of that submission waiver I would ask that the supplemental items that they've indicated they have be supplied to the board and upon supplying to the board secretary we can then prepare a memo um but until they're Supply the application would be deemed incomplete I take no exception to the granting of waiver 86 for maintenance and protection of traffic plan okay understood Mr chairman we'll provide it okay and we have no other questions about the other items that were mentioned that's fine okay any questions from the board we could just take a vote right we don't have to enter we need a motion and second yeah we don't have to open no y uh I just need a motion for approval and a second please I'll make a motion to approve second Mr Mercer and Mr legio Mr Greenfield yes Mr leio Mr mer yes councilwoman Fisher yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries thank you thank you Mr chairman thank you m okay the next submission waiver is for case number SD 3011 I apologize in advance Blen Properties LLC for a minor subdivision with ancillary variance relief the board John Jackson on behalf of the applicant again want to just defer to Laura I do so Mr chairman members of the board the submission waivers similarly are outlined in item three of our April 2nd 2024 review letter because this is a minor subdivision um it has you know it's creating two lots one of which will be future development it doesn't prompt major storm water RS so for those reasons I take no exception to the granting of these waivers for the purposes of deeming the application complete any questions I will entertain a motion in a second I'll make a motion Council fer and Miss Pike motion is second Mr Greenfield yes Mr leio yes Mr Mercer yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries thank you thank you quick and easy no objection thank you and the final submission waver this evening is case number sp123 SMC Properties LLC for preliminary and final major site plan with ancillary and variance relief I do um so Mr chairman members of the board similarly item three of our review letter um d April 12 2024 does contain the submission waivers this application um previously had a use variance before the zoning board that was granted but they're proposing something now that's permitted um I do want to see submission of an environmental impact report even if it's per the prior one uh again the 2000 foot Downstream drainage analysis um as well as uh a Woodlands management plan they previously had had a Woodlands management approval but it appears clearing activities may have exceeded that so I would like to have that information prior to the application being deemed complete councelor is that acceptable no problem great any questions from the board again I will entertain a motion sure I'll make a motion Miss Pike and a second I'll second Mr Mercer motion a second Mr Greenfield yes Mr leio yes Mr Mr Mercer yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries thank you thank you have a good evening good evening thank you all right on to the applications the first is case number sp110 496 Industrial Court LLC for a finer final major site plan Mr pep Mr chairman members of the board board professionals and public good evening all this is a request for final site plan approval of 96 Industrial Court this was a small Warehouse building that was approved in by this board in July of 2023 and since that time uh Peter strong Crest engineering has been working with your professionals on resolution compliance and we're prepared to report to you on Outside Agency status uh we did notice for this hearing I would ask if the record could reflect that our notices have been received and that they are in order they have been thank you thank you my presentation is very succinct this is the exact same application that we presented to you during the um spring and summer of 2023 there are no changes other than resolution compliance has been the work product of Peter strong County planning board approval is in hand County Health Department approval is in hand and Freehold solo Conservation District where in that second review we expect to have that permit shortly uh Mr strong if you could Mr strong is the professional engineer and planner who testified before the board if he can be sworn I'll ask him to confirm the accuracy of those statements please raise your right hand you swear the testimony about to give support is going to be the truth the whole truth I do your business address Peter W strong St n at 100 R Drive in milstone New Jersey Mr strong strong would you confirm that your professional licenses are still in effect and that are in good standing yes I can just renew them and Mr strong I made representations about Crest engineering working on resolution compliance with the board's professionals accurate statement yes it is and there's a report that was issued by CME dated January 19th 2024 identifying some technical requirements can you advise the board that you are familiar with that report and that you can and will address those outstanding comments to the satisfaction of Miss Newman I am I'm familiar with the report and will comply with M's recommendations Mr chair members of the board I have nothing further on Direct if you wish for a more detailed presentation we're prepared to but um our representations are that this is the final version of the preliminary that this board approved so Mr chairman do we yeah sure for all of us s in one time yes Mr s for the whole night right yes that's fine okay all right please raise your right hand swear from the testimony about before this is going to be the truth the whole truth the truth I do so Mr chairman members of the board I can confirm um that our report goes through the conditions of the preliminary approval um specifically noting some of the items that remained ongoing um or whether or not the comments were completely satisfied there is no additional relief um being sought with this application um that was previously granted relief so there's no additional relief um and the applicant has agreed to the technical comments which remain in our review letter so with that um basically they were tasked with coming back with final after the preliminary um and I take no exception to the representations made great Jen do you have anything there's nothing for me Sher nothing no okay questions from the board heard com John this their drive this is this the same application that the that EMP out the V corre yes this is the yeah the EMP out the V ultimately yeah towards um up towards it's Industrial Court which goes to you guys have your own driveway or you're connecting with the rest of the Court this facility has its own driveway that goes onto industrial then industrial goes out to vender here okay so this is the same application I last time or a couple times ago I don't think you were here your one of your colleagues was here I an issue I have with this application is the is the truck the tractor trailers hting out on the vaner road heading towards Howell Road okay just bear with me I'm not right at the intersection of vanir and how Rook Track Trail making that right hand turn onto how road with the with the way the angle is and making a left onto how road heading to 524 you know the county county road for a tractor Trail to head down that way to make a right or left but they have to cross over the lanes we discussed this last time I remember I remember this clearly okay and I think I I I spoke to the other attorney about the egress and egress Ingress egress so the trucks only could come in from Bennett and leave towards Bennett so that way they get to Bennett make the left go up to Fairfield make another left and they go up toout head up to Route 33 whether they go west or east okay without going on these other roadways that are very narrow no shoulders and in my opinion unsafe for track to Trail okay and you also know that how road is a fourton road so that's you know that's only um I think it's been explained to you a few times that the Tage doesn't matter if it's not going to be enforced okay but I'm asking you as a board member looking out for safety concerns for the buses that are on these roads three times a day morning you know afternoon and evening and just residents in that area if we could get the flow to go to Bennett Road out to Fairfield Road and off to 33 that's the better scenario because that's the more you know that area over there has more commercial stuff going on and it's a quicker access to Route 33 I just have an issue with the band intersection and I have an issue with the 524 intersection with a big tractor trailer okay by May the the application is for this piece of property solely all of those roads are municipal roads under under the control of the municipality any any restrictions or limitations on movement on those public roads wouldn't come from the applicant the applicant Ken I think what he's asking is the applicant can provide some kind of assurance that this is a SPEC Building correct you don't have a tenant I don't know right so at the end of the day if can you advise your tenants right and I I think Mr understands that we can't control everything right I understand it but can you advise your tenant of the routing that the board would be preferential to regardless of the fact that it's it's a Township Road given the concerns I understand it's a permitted use it's an off-track concern so it's a bit of an Ask we understand that right we're asking if you can ask as your building gets tenanted if you could advise your tenants that that's the preferential route from the board advising tenants of a preferential route of the board is something we can do controlling the intersections something we cannot do 100% understand but we could make that right I agree Mr 100% I agree with you but that's why I'm taking it a little further Mr P and asking you would they would your um client be willing to make the the entrance and exit there they would would have to only come from Fair they wouldn't be willing to do that that's not something that we all of the parameters of this application were established in preliminary we'll agree to abide by all of the parameters of preliminary and if um notifying the tendance of the preference is something that's important to the town we will but that's as far as we can go so the traffic studies are I mean it's going to the the driveway is coming out onto Industrial so industrial is an existing intersection so but I'm saying G when they leave there in one direction if they go up van I get I get it that's dangerous I I understand your concern 100% so it's on the record but I think you know it's on the record in the future if there's if there's an accident so they've committed to making that a recommendation of their tenants that's probably as much as we can ask God forbid there is an accident which we don't want that can be memorialized in the final and we'll make sure that it's enforced anything else no okay um I get at this time I'll open it to members of the public that have any questions uh regarding this application anybody's here please come up don't all run at once Mark yeah good evening mark 2 Castle Court I I came in a little bit late did we address the issue as to whether or not um that statute regarding weight restricted roads and whether or not trucks can pass on a weight restricted Road as long as they're not stopping or starting on that road because I know there was something in their traffic study and I remember when we were here on preliminary that that came up and I remember with there was a conversation with Mr coocher on the board about how you guys are going to take a close look at that and their interpretation as to whether or not a truck can travel on a weight weight restricted road is in so far as they're just passing through and as as a resident of this community uh knowing the kind of development that's going on in this community uh if we allow an industrial development to allow tractor trailers to travel on weight restricted roads as long as they're not starting or stopping on that road just cutting through does that mean that any other Industrial Development that's going on in this town those users can say hey our tractor trailers are going to cut through that residential Road that's way restricted but we're not stopping we're not delivering anything we're just going to cut through because it's quicker to get from point A to point B are we really opening up like a a Pandora's box here of problems I can respond yeah Mr P microphone oh sure you want me to finish my comments or do you want to respond now oh oh go ahead no go ahead the uh the issue of weight restrictions is dealt within both ordinance and statute and at the preliminary hearing the question was brought up is the ordinance that's in place and or the statute that's in place that places weight restrictions on a roadway does it affect the trucks that are going to a specific designation along that roadway we provided the ordinance we provided the statute you also had some interpretation from Mr CER and also Mr Howard weighed in and pointed out in your ordinances it expressly states that the weight restriction does not apply if the truck is going to a designation along that road and they went through all of the existing warehouses that are on Industrial that behave in that in that manner there was a it was more than a discussion there was a determination that that ordinance and statute were in place thank you so is it my understanding that as long as they're not stopping on the road they're allowed to travel on any road they want whether that that's weight restricted these in order to travel on this road and be over the weight that's restricted you have to have a destination that is on this road that's the ru that's the way the ordinance is WR that's where the statute was written so tractor trailers that are coming or going to this facility that that want to travel along how Road can travel north and south on how Road unrestricted is that what you're saying yes that's that's the that's the exactly that's the law as long as there's a destination on the road the weight restriction does not apply but the destination here would be on Industrial Court if they started on Industrial Court destination could be anywhere as long as they start or stop at this location they can travel on that road and unless we're planning on having like a scale on the road which I highly doubt we are you know I understand your concern mark But at the end of the day this is final not preliminary and we've gone through this as long as they're stopping or starting at this location they can travel on the road regardless of the weight okay that's a little bit concerning um I don't have any other questions thank you thanks Mark I just thought it was all right in in hearing Mr leio speak uh I just want to remind the board that the board can impose whatever reasonable conditions that you want so if you want to impose a condition as to the movements of the trucks leaving this site you absolutely have the authority to impose that reasonable condition I totally I don't agree with that because this is an off-site intersection that we we are test this is a permitted use it is here for final we are tasked with site safety at Ingress and egress which is on to Industrial Court and that's why as Mr leio aired his concern we said look we can ask the agreement was that they will advise their tenants of the preferred travel to not go towards Howell Road I don't agree that we have the ability to take jurisdiction of an off-site intersection we are tasked with site safety at Ingress and egress at this site that's determined by the county correct Mammoth County or is that by the state ordinance but that site safety at ING that's the municipal Landing mpal okay Mr at the end of the day the warehouses committed which it is the owners I don't want to say you guys don't care about the residents around the place or the roadways around the place as a board member as a hwn president okay a lot of movement on those roads with buses and kids and just the whole thing I am just out for the residents as a board member doing my due diligence to ask the right questions if you answer the questions you answer the questions right if you don't want if you don't want to you know pass that you're going to pass it on to the applicant that's fine but at the end of the day e doesn't live in town and we don't even know what's going to go there anyway you already said that and um it's just frustrating being sitting up here and listening to these applications and there's no no concern for what surrounds the applications okay so I I I have to interject respectfully this is a permitted use in the zone so that s that sentiment needs to be projected towards the governing body these guys the zoning is the zoning they don't have to worry about what's around there because it's a permitted use so in theory the concern for that was contemplated when the zoning was put in place this is not a use variance this is not a zoning board that is not something they have to prove to you it's a permitted use I understand your frustration I do but this is they are not they are complying with the zoning and the zoning is permitted so therefore they don't have to worry about what's around them that's not their obligation their obligation is to comply with the zoning manage safe Ingress and egress as Laura said that's it what's happening down the road is not their problem because the zoning has allowed for this that's the law I I understand what you're saying not their problem it's the residents around us problem well and that that's a that's a comment that's not relevant to this board because you cannot factor that into your decision and if if that's a concern of yours you need to consider whether or not you can impartially evaluate the application because you cannot consider that that's not allowed as a planning board member so that's something that the governing body took into consideration when the zoning was put into place and and that's you're bound by that requirement that's how that works anyone else from the public seeing none I will close the public portion Mr Pape Mr chairman just very briefly I have been coming before this board for the past 40 years and I think those of you who've worked with me know we don't come to anywhere near this board until we have spent time with your engineer and your planner we with your fire chief with your environmental commission and your shade tree commission we we as a rule take very seriously our responsibilities and our clients are as a rule take very seriously all those responsibilities we don't come before you even asking for preliminary until all of those outside agencies U have been addressed and we bring all of that with us we did exactly that here this is an application it was vetted by everyone of those agencies before we ask for preliminary this evening it's a final consistent with preliminary and respectfully we'd ask that you consider the application favorably thank you thank you okay at this time I will entertain a motion I'll make a motion to approve yes Mr Mercer motion to approve do I have a second I'll second Mr Carbonic motion is second Mr Greenfield yes Mr leio yes Mr Mercer yes councilwoman fiser yes Miss Pik yes Mr Carbonic yes and chairman huster yes motion carries applications approved all board members thank you all thank you Mr P okay our next application is case number sp114 Lowe's Company Inc for an amend preliminary and final major site plan good evening again Mr chair members of the board and board professionals and this paper The Firm H paper on behalf of your applicant Lowe's before we begin if we could confirm the Quorum of eligible members yes yes Mr Greenfield Mr leio Mr Mercer Miss Pike and chairman huster were here at the last hearing and Mr Excuse me councilwoman fiser and Mr Carbonic have certified you so much for doing that seven voters thank you so much this is an application of lows to amend their site plan to allow certain limited activities to take place in their parking lot there were activities that had been taking place and brought to their attention by Mr Howard and the fire officials that they were not properly approved the application that we're about to present to you was was filed ask again if you could confirm receipt of our notices for the hearing and confirm that the board has jurisdiction the board does and they were received and they're in order thank you thank you the presentation will be a succinct presentation M um Mr Kevin buar who is our professional planner will be our lead witness he'll describe what we're doing on the site we have Maurice Rashid with us he is a traffic expert he'll confirm that the parking lot remains more than adequate and Christine Kone is our professional planner there is some variance relief that's associated with our request and although it's U I think that it's important it'll be brief testimony on that point and with your permission go right to Kevin sure I think we need to have Kevin sworn have his credentials made part of the record and we can go into his prepare presentation you can sit at the table there is a mic there truth I do my name is Kevin buer last name b u l g r I'm with Petrillo architects in Parkridge New Jersey would you share your professional and educational background with the board yes I serve as project manager for the Lowe's account at uh tro Architects I have a masters in city and Regional planning from Ruckers University I have a bachelor's in landscape architecture from Ruckers University I'm a licensed professional planner aicq certification I have my uh licensed landscape architect in New Jersey and my uh licenses are we will accept your credentials thank you ask you welcome to I know that you have prepared statements the exhibit that the applicant will rely upon has been placed on your screen I'm going to ask um Kevin if you could take us through the revisions to the parking lot that our client has requested sure the proposed site plan before you tonight was revised subject to the comments received at the last public hearing on this application and for several followup site inspections thereafter on my behalf and those revisions are as follows the parking spaces have been enumerated to more clearly verify the number of existing parking spaces within the Lowe's parcel only two of those prior parking spaces that are adjacent to the handicap area have now been shown correctly as just striped areas and L longer spaces under the additions and modifications key outdoor storage area one has been updated to indicate the types of product being stored there also under the additions and modifications key the number of parking spaces being utilized for each outdoor storage area has been added to each area and under the parking key the symbol for car corral has been uniformally changed from just CC to an X and the number of parking spaces utilized for the car Corrals 10 of them has been added accordingly the location of the car caral is shown for my are shown as per my last site visits in January in March and as of today they're in the same relative positions and the existing shed display area nine is now shown on the plan and the parking summary table has been revised to reflect all these changes regarding overall parking lot circulation the only proposed change in site circulation will occur on a temporary basis when outdoor storage area 1 is in use from March 1st to July 15th that is the larger section at the bottom of the sheet the Eastern section of this parking B along the perimeter site will become a one-way travel Lane entering from the west and exiting to the east and north and there will be entrance only and exit only signs placed at each end to Direct Customer traffic accordingly all the outdoor storage areas that we've identified and enumerated are as follows temporary seasonal sales area number one is for bagged goods and Gordon center products with typical products being bagged mold soil and garden Stones as well as papers retaining well block and live plants and please note that all business sales transactions for these products will only occur within the garden center checkout counter and not at that location permanent Garden Center product area storage number two is where the Overstock of other products sold in the garden center storage area 2A is the side covered area located adjacent to area 2 this is an open canopy structure for the protection of stacked sod the pro parking area three under the lumber canopy this area had changed from originally a two-way a two oneway customer pickup Lanes to one drive-through Lane and now four angled Pro parking spaces area number four the closed drop off bins area that was originally proposed to be removed um they have since obtained a permit for those bins and we will talk about that later by the store manager the pro parking for trailers area number five simply provides for longer angled parking for contractors that tow a trailer this better controls this type of customer parking that is needed permanent outdoor storage display and pickup area six is for fence panels fence posts picnic tables as well as an area to display utility trailers curbside pickup spaces area number seven this do desat six spaces for customers who buy online and need quick access for the product picked up area inside the store permanent plant shipping cart rack storage area 8 is for the temporary storage of empty plant display carts until such time they get picked up on a periodic basis and permanent shed display area 9 is for the display of various shed models regarding area eight the empty plant shipping cart rack storage area area this is on the South Side it is curbed preventing carts from straying into Mills Lane Road and all the carts have wheel locks as well preventing any Wayward movement and regarding all of the outdoor storage of products they'll be no higher than 8 feet high except for S storage area a which is an open canopy structure with a center Peak at approximately 9 ft high with respect to the overall parking counts there are currently 729 parking spaces existing forther recent restriping there will remain 612 parking spaces after all of the displacements for outdoor storage those displacements are as follows 10 spaces are occupied by car carral 32 spaces occupy storage area number two 18 spaces occupy storage area number six eight spaces occupy storage area number nine 49 spaces occupy storage area number one that's a total displacement of 117 spaces therefore during the high season when all outdoor storage is is operating 612 spaces will remain during the non-high season 661 spaces will remain and our traffic engineer will testify as to the efficiency of the number of remaining spaces to meet the demand for parking regarding parking lock Dimensions the typical parking space Still Remains 9 ft by 18 ft the typical parking lot Drive aisles Still Remains 25 ft wide there are 10 Pro parking spaces that are a little wider now 10 ft by 18 ft to help accommodate the pro parking contractor the angle parking spaces are 11 ft wide by 35 ft long and the parking spaces the pro parking spaces Under The Canopy are a little wider at 9 F 8 in by 18 ft deep regarding the parking spaces reserved for veterans there are four Mr chair Mr yeah I I think Laura can probably cut through this because I I was just going to have a qu I mean this is basically what Lowe's has been doing for years correct and you're here for the planning board for approval correct okay yeah so Mr chairman this was previously heard yes the one issue that we had right the issue that we had was twofold one I had a sight distance issue at the driveway to Lan m road that has since been fixed the stock bar has been changed y um the only other issue we had was what was the number of parkings what was it going to so um if if Mr buer can just confirm that um 830 spaces are required 729 spaces essentially exist we'll go to 612 spaces with the seasonal area and so you know I there's a witness that's going to testify that that's adequate um and and I think we could probably move forward from there with handicapp and consideration yes there I mean you'll hear the correct the total number wasn't known last time that is correct there was disc correct and I think that was the only issue that we needed to confirm as well as I had requested that I wanted the site distance issue immediately fixed and it's met now they fixed and they removed the sheds from the site as we had had concerns over so I'm not sure what more the Board needs to hear with respect to this because I think the issues that we had outstanding have been addressed um so I would leave it to the board as to whether or not there's additional testimony you need to hear yeah I mean anybody have any questions correct y yep we don't I'm very comfortable where you're comfortable yeah we came with additional Witnesses if you want to hear them I have only one point of clarification we had early on indicated that the closed bins would be removed from the site that was a corporate decision of Lowe's only to learn that the closed bins are on the property with the the permit issued to the p p and their permit is valid and in place so they said please do not take away our Clos bins okay so we revise our request to leave the Clos bins on the site and if you're comfortable with the adequacy of the testimony then we are comfortable with the adequacy of the testimony got it we are prepared to go further if requested okay thank you anyone I I think I'm comfortable Laura are you good I'm comfortable Mr I'm good okay I'll open this up to the public if anybody has questions about the Lowe's application close public portion Mr chairman members of the board respectfully we would ask that you consider the amendment to the site plan as shown on the plan submitted and as outlined this evening by Kevin um we respectfully request that you consider the application favorably thank you thank you okay do I have a motion I'll make a motion to approve Mr Mercer motion to approve do I have a second Mr legio a second motion a second Mr Greenfield yes Mr leio yes Mr Mercer yes councilwoman fiser yes Miss Pike yes Carbonic yes and chairman huster yes motion carries applications approved thank you thanks night good night Mr okay and to our last application this evening is case number sp12 Z mine Caruso preliminary and final major site plan approval with ancillary variants Mr [Applause] [Applause] chairman yeah I'm already interrupting the efficiency of the board tonight so although at this point I think the new chairman could move to have the salaries triple for everybody is that right it's not even a coffee and do Mr Collins if you want you can sit at that table do you mind if I sit Mr no not at all yeah the speaker works middle of the table can you be heard on that I testing testing yeah just got to speak up good evening uh Mr chairman members of the board uh my name is Dennis Collins I'm from The Firm of Collinsville and cassello um I have the responsibility this evening representing uh uh Carmine Caruso and his wife uh for property commonly known as block 233 blocks 13 and 22.01 um this property is a uh Mr cruo own several properties right in this location uh this is a property that is on the Northbound side of Route 34 and the last property in how our contiguous neighbor to the north is the uh Earl Naval Weapon Station uh many many years ago man named Mr Paul Schneider who was on this board who was a longtime land guy uh was arguing with me that we weren't in how so we're we're we're here this evening uh seeking prelimary final site plan approval uh for a uh what is a international uh dealer that we are partnering with in uh construction and farm equipment which is a permitted use in the zone with me this evening are several witnesses um but I know you have a public hearing after us so we'll just give me a heads up when I'm ruining the time sure um but I will start with Mr Andrew Comey who is our principal uh engineer who will do the bulk of the testimony I do have an architect of traffic which is more just 5 minutes and then I would end up with Miss Kon as our planner okay so I'd ask that Mr Comey be sworn from the testimony that you're about to give before this boort is going to be the truth the whole truth the truth I do tell us your name by your last name give us your business address uh Andrew R Comey CI I'm with Kennedy Consulting Engineers that's located at 211 Maple Avenue Red Bank New Jersey have you been here before uh I have appeared before this board but it's it's probably been a dozen years so why don't you why don't you give the board the benefit of your educational uh uh background uh your licensed credentials and the experience that you've had uh testifying as an expert in civil engineering before board certainly I I am a graduate of Ruckers University in the field of civil engineering I have 20 years experience in uh Land Development engineering projects both residential and Commercial projects I am a licensed New Jersey Professional engineer and have testified before many boards uh throughout the state we will accept your credentials thank you Mr chairman if you don't mind I'm going to just ask Mr come to be talk in narrative form be a little bit more efficient please interrupt us at any time to ask questions in case so you don't lose your spot so I would just ask Mr Comey to give a general information about the site itself surrounding uses uh and then delve into the various aspects of our our application I I as I indicated before we uh we are partnering with an international firm I can't tell you exactly who they are but you you see yellow trucks you see Green Truck Equipment you see red equipment and blue equipment it's a a nationally known dealer but for whatever reason they don't want me to say but uh everyone will recognize it um go ahead Mr first I'll introduce an exhibit to describe uh the existing site that's the one up on the screen I do have small siiz versions if if anyone's interested no up to you it take just a moment sure s thank you yeah much easier thank you yes as everyone can can can see it on the screen I'll just Andrew do you have any others um of that aerial exhibit I have two I just know I mean any other exhibit at sure exhibit that correct that's the second exhibit yeah they give me the flash drive with them oh thank you I'm sorry all right so so the just so finally for the board if you've ever been by it's the it's next to the cuso excavating companies which uh uh I'm sure the the board is familiar with that on the way to delicious on the way to delicious orches or somewhere where you're going up 34 we like delicious or does uh Eileen would you flip back to the uh the aerial exhibit yeah the aerial is going to be marked as a22 yep and the uh site plan rendering is a23 okay the aerial exhibit is uh prepared by Kennedy Consulting Engineers and is dated uh March 21st 2024 it has an aerial date of September 6th 2023 uh the project site which is highlighted in red is on Route rout 34 Northbound just north of where the route 3334 Highway split uh the site is in a highway development HD3 Zone and includes uh two lots which total 7.65 Acres both lots are in Block 233 lot 2201 which is the smaller of the two lots is 1.49 acres and that one has Frontage on Route 34 and lot 13 which is the larger lot is 5.16 acres and has Frontage on tinon Falls Road to the east or to the rear of of the site excuse me one second can we just let the record reflect that Brian tannan house is present sorry about that chairman I since Mr house just showed up I know the testimony just began so if I if you wouldn't mind maybe you just quickly overw what you previously thank you I'm sorry family emergency I had to deal with but um excuse me one second Mr chairman I think Brian to remember we didn't we didn't proceed because we didn't have a quorum last time got it I I wanted to say that to the attorney but remember yeah did you have a conflict though Brian do I I don't know you said last time you did oh yes I do same guy a guy named Collins was from the same tribe but not uh I'm thanks for putting that out I didn't I didn't want to say no it's okay just be be front and honest that's all I'll see you guys later I understand this is the last application yes but we do have the the um after this application we have we have the Redevelopment oh then I'll hang out in the yeah I'll hang out outside you guys did call me back in when we're done Sor okay the the two lots we had so 20 lot 2201 which is the one on Route 34 uh contains remnants of two paved driveways and asphalt uh that related to the former motel that was on this site which was demolished about 15 years ago and lot 13 which is the one at the rear of the lot uh is is vacant grass covered and was previously farmed there is an existing 45 foot high billboard on lot 2201 that's that's double-sided and has a front setback of 14.8 ft whereas UH 60 ft is required and that's an existing non-conform any questions on the existing conditions the board should be aware that the old collinswood Motel was was actually foreclosed on by the tant of Howell uh there was an oil tank asbest all kinds of problems Howell had approached us back in 08 to buy it from them and clean it up which we did and I thought I'd cash in on the development application a lot sooner than 15 years from now but here I am today today so it's the old collinswood motel that kind of imploded it's all it's all cleaned up then cleaned up uh we submitted our environmental statement we've taken care of everything on the proper super fund site no it's not too it wasn't too bad it wasn't too bad okay uh we'll move on to the proposed development and I Le that the uh colored rent yeah perfect uh so this exhibit is entitled fite plan rendering also prepared by Kennedy Consulting Engineers it's dated January 23rd 2024 and it's simply a colorized version of the submitted site plan first thing I'll I'll just point out is you can see it more clearly on this exhibit is the Billboard located on to the left of the hand side of the exhibit on Route 34 it's that v-shaped beige colored object uh that is proposed to remain with no changes all of the other existing improvements including the asphalt and fencing that on both Lots as as I mentioned uh will be removed so essentially that that sets the table for the proposed development uh next you'll see the first thing I want to introduces the building which is a 14,000 foot uh single story building that's proposed it's set back uh 400 feet from the highway and includes an office portion that's 4,55 ft and a 9,934 foot shop space all of which will act as a single business and the business is retail sales of farm and construction equipment uh the office space is for the administrative tasks associated with the retail sales and the shop space is is to house uh parts and receive new uh equipment and where where the employees would prep and service the equipment before delivery uh to to the customer um extending from the rear or the east of the proposed building is a 25 ft wide covered canopy that would be 2500t in area and it's open on all the sides only the top would would be covered uh in addition an 8T by 10t uh parts shed is proposed to be attached to the north side of the building and that would be for uh late night deliveries uh for parts uh the building has nine overhead doors at the on the rear and sides of the building uh and a concrete Aon around the same areas outside the uh the overhead doors and the architect can go into more information more detail on the uh the proposed building uh next with respect to the proposed driveway a single uh 45 foot wide two-way driveway is proposed on Route 34 which will taper down to 30 ft As you move further into the site uh a design waiver is requested for the width as we exceed the 24t uh driveway width requirement and that's essentially just for safety uh large tractor trailers are anticipated to access the site to make deliveries and uh the 24 foot width just wasn't uh safe and our traffic engineer can of course go into more uh M Mr come though we did reduce the width of that that that access point at the request of the professionals to ensure that we weren't proposing any kind of Warehouse here um so it is a little bit bigger but it's it's designed not to be accessed for a warehouse correct we left it as 45 feet at the entrance but it was 45 continuous so we we tapered that down to 30 feet As you move further into the site so uh next uh there is a you you notice that large gray area behind the building that's this is a uh staging area it would consist of 8 in of gravel and that'll be used where equipment will be kept and brought in from the manufacturer manufacturer until delivery to the customer and activities in this area will be temporary um a design waiver is requested as this area is not paved uh we felt that gravel was a better design alternative considering the heavy uh construction equipment that would be here uh the the Treads would would tend to destroy a paved surface and in addition it's better for storm water management to have the gravel surface so that's that's ultimately why we opted for the the gravel surface uh the staging area will be enclosed on four sides with a chain link fence with privacy slats on three of the sides the fence will be six feet high with barbed wire on top the portion of the fence to the South uh that that abuts the residential lot 12 will be 10t high with privacy slots with no barbed wire on top uh the entire Fen in area will have two go ahead yes can we entertain something that's not chain link cuz we don't really allow chain link anywhere and the chain link with the slats is tacky looking and it never lasts it always gets beat up and then the barb wire as well we don't typically allow that either like is there any alternative I stands for security purposes but can we entertain an alternative that is not so 1980 uh absolutely but what I would request is that um if the board were to grant us an approval we could U decide an alternative between yourself and we don't you know I don't want to say no no I don't think they should come back I think that if the board is comfortable we between myself luren Char we can come up with an alternative that would be aesthetically more desirable but still accomplish what they need but chain link with barbwire is not a good look well we yes and we were we are we do have some residential neighbors particularly in the rear and we you know you'll see the plan we did we wanted to put a fence and buffer and all that so we wanted to respect those Neighbors on that road in the back but certainly work with your office if that's okay with the board I think that would be great cuz yeah we're trying to get away from that look thank you so privacy security what go ah yeah we do obviously we have multi we have multi-million dollar pieces of equipment back there so we're want to keep it safe um but we we understand that be happy to work with the board okay uh the fenon area will have two access points the first is a 24t wide swing gate that's on the north side of the building at the end of the driveway that gate will have a Knox Box uh for fire truck access and of course we'll work with the fire marshall on on the specifics of that and the next is a foot wide double gate at the northeast corner of of the Fenson area which is for maintenance of the proposed uh landscape area along tinon Falls Road so there's that's why there's no driveway to that uh to that double gate it's simp simply for landscape maintenance uh with respect to parking the proposed use requires 26 parking spaces and 26 paved spaces are provided including the two uh required barrier-free parking spaces located at the front of the building uh in addition one electric make ready uh space is provided which can be used to add an EV charging station in the future and that and that meets the the state's requirement uh with respect to signage uh a proposed pylon sign which advertises the name of the business is proposed at the the front entrance the sign will be set back 20 ft from the right of way it will be 22 feet feet in height and has an area of 72 square feet all of which comply with it Township standards uh there will be two building mounted signs one is 10 squ feet will identify the business and a smaller sign identifying the parts access door is also proposed at the front of the building um there is a variance required here as the ordinance says that businesses not on Route 9 or Route 33 are permitted only one type of sign whereas three types of sign including the bill the billboard the pylon sign and the building mounted signs are are proposed uh refu enclosure a 25 ft by 25 ft enclosure is is proposed at the rear of the site that's and that's a masonary enclosure correct it's almost like Dennis has worked with me before we call that the Gen beam Rule and Dish balls sorry yep you're right Dennis a six foot high wall designed it myself three sides of of the uh enclosure is proposed with a double gate uh at the front and and we agree to uh relocate the enclosure outside the uh 25t sidey yard setback as as requested in the review letters uh trash and recycling will be by private hauler and pickup adjusted as as needed uh site circulation I touched upon but the site's designed to accommodate uh garbage trucks emergency vehicles and and large uh tractor trailers for deliveries the the trucks will enter the site they'll have to enter the the uh 24t swing gate and circular at the rear of the site in that staging area before heading back out onto Route 34 and the Route 34 access is is full movement it can turn in in both directions and uh you know that that's part of our NJ do application our our traffic engineer can of course go into more detail on that um there is a septic system proposed at the northeast corner of the site we already have approval from the township and U month County Board of Health for the septic system uh similarly uh private Well Service is proposed uh for the Water Service uh briefly with respect to uh storm water management in the proposed condition we are reducing the peak flow rates leaving the site and we meet the state and local requirements for uh a major development uh to help meet these requirements at the front of the site we propose a small scale infiltration Basin which will be a dry Basin and a portions of which are on both the the two lots therefore an access and Main maintenance easement will be be uh provided between uh the two lots the Basin will provide detention uh water quality treatment and ground waterer recharge before uh discharging to the do system which is a pipe that heads uh Due West under uh Route 34 with respect to lighting there are eight proposed light poles each will have a mounting height of 24 feet that includes Thor in the front portion of of the site to light the driveway and the and the parking areas and four at the rear uh gravel staging area there's also six uh proposed building mounted lights all of which will be downward pointing uh LED fixtures and there will be uh no light spillage uh beyond the property line uh the lights will be placed on timers and be left on From Dusk until 1 hour after closing with the exception of the identified uh security light locations that would remain on uh all night uh with respect to light levels there are two parts of the ordinance that we do not uh comply with and design waivers are requested uh the the front driveway and parking areas do meet the ordinance requirement for the minimum light level that's 0.3 foot candles with the exception of the Route 34 curb line uh NJ do has a requirement that light levels uh shall be no more than 0.1 foot candle at the curb line so we needed to meet that that requirement and that's the only place on the site that that we are below the township uh minimum standards but in your opinion do is the obviously towards the entrance in the driveway is important for lighting does provide a safe uh environment for the vehicles entering and leaving the site it it does and and the do Frontage has is is also lit as well but I'm our proposed lights we we just we can't add on top we can't light you know the that the highway even more than it is okay uh the second part of the ordinance we don't comply with is the average light level which shall not be greater than zero .5 foot candles and we average 0.9 foot candles which isn't particularly high for a commercial parking lot but uh we do meet the IES standard which is a national lighting standard which has a minimum to maximum ratio we can uh try to lower the average but we're requesting a design waiver uh in case we can't meet that that Township standard uh with respect to Landscaping in total UH 60 trees are proposed as well as 98 shrubs and perennial plantings uh existing tree removal will be uh very minimal as the limit of uh disturbance is mostly over the uh existing cleared and developed portions of the site the the wooded Wetlands uh area to the South which you see on the exhibit is that that large uh wooded area uh it will remain except for a minor amount of of of the buffer with which we are doing buffer averaging whereas we're removing some of the buffer and adding additional buffer to that existing uh area and we've received the permit from d uh to do that um with respect to residential buffers there's a 50-ft buffer proposed to each of the properties uh to the South that those would be lots 12 and 21 identified on on the exhibit each uh proposed residential buffer would be left as grass and ungraded with a deciduous trees uh planted within that 50 foot buffer uh along the shared property line with Lot 12 as I mentioned there will be a a 10 foot tall fence whether with the material will decide uh but it will be privacy it will be a solid fence uh fence the fence is actually on the property line and that requires a design waiver for having uh any anything within the 50ft buffer also currently there's a one there's one light pole that's a few feet into the buffer and that will be relocated so the only thing within the buffer would be the fence and of course the the planted trees that that we're proposing um a variance is required for not having a second uh element to the buffer including a six foot high landscaped berm uh we did we did provide a a six foot high BM along uh Titan Falls Road we you'll see you'll notice that heavily planted verm but we decided to uh keep the 50ft buffer along uh Lot 12 as As Natural essentially with with those supplemental trees that are proposed so you're seeking a variance from the buffer then correct yes and why cuz we're putting a 10 foot high fence right we are we because we're putting the we we thought we thought it was a better alternative to put a 10-ft high fence on the property line so the landscape behind our fence our neighbor would never see it um but trees are bigger yeah I'm thinking that's not going to cut it all right well if we need to add trees and supplement that I think need a BM I think BM how high is the BM gonna be higher than 10 feet the BM it says six feet high that's what the requirement is okay so you put a burm at six feet and then you plant on top of it it's going to go beyond the 10 foot okay I guess the board's not GNA and I also and I also would say the term and and I would defer Sherry but I think the term generously landscaped is a little bit of an exaggeration I think it's barely landscaped and it's going to need to be more heavily landscaped to her satisfaction I mean if you look at the plan it's it's not heavily landscaped there's like five trees along that property line okay okay um that's all for proposed I I would just want to point out I did review of course the board engineers and board planners review letters and we can agree to uh address all the comments that that we haven't mentioned uh as far as Outside Agency approvals we have almost all we have our free old soil permit Mammoth County planning board our Wetlands permit and the dot access permit is is now conditionally approved we're just waiting for that that that final authorized version which we we expect to be signed very shortly so we're actually pretty much done with our Outside Agency approvals correct correct so that's what I'll have of Mr Comey hopefully was simple I understand the position of your professionals and we certainly assume the board will support them and accept them um if there are any questions concerns or anything we can address so I have a question Mr Comey one of the comments in my letter is moving the trash en cler enclosure out of the side yard setback you agreed to comply with all the comments in my letter but where exactly are you going to put it somewhere where it is now just we would shift it to the South that's all to there's a we're within the 25t setback obviously uh I think we're 5T off the property line so would likely shift it 20 ft to the South so should the board act in the affirmative we would obviously need plans that addresses shar's Landscaping concerns but also shows the relocation of the trash enclosure I don't think I I don't think I have anything else go ahead Sher did you ask for the waiver for the sidewalk uh we did along Route 34 right right I I mean I know you're asking for it but did he testify to it no I didn't we we we are not proposing we we would uh propos to contribute to the fund and then you also need the waiver to attach the sidewalk from the sidewalk along 34 to the facility which I don't take exception to I just want to put those waivers on the record correct and the reason we're not proposing that there's no sidewalk along Route 34 in this reg area so that's why we we did not prop I mean I agree with you but that's not really generally we don't really generally care whether there's sidewalk in the area or not but I don't think we want to Advocate people walking along with 34 especially in this location so I think the waiver is um appropriate and we always appreciate miss being remind me I'm not on my game Mr chairman so I I think that's all I have um I don't think you mentioned did you mention the waiver for the uh 5 foot strip along the RightWay he I'm he didn't but Christine was going to address it but we can certain he Andrew can comment on it feel comfortable sure yeah well we we are requesting uh that waiver 5 foot strip along the the RightWay uh no particular reason we are proposing Street trees along the Route 34 uh right away we just felt that the right away is significantly wide and and more so than the usual 10 foot fact goes back almost 40t into the site which it looks like the tree at the North can be moved into the site right so that one can be in uh within the property limits um and then I think you're missing at the southern corner of that area of Street trees you'd be looking for those trees to line up with the red the red quote uh property line we like to have them you know inside the property line so in the future they're not removed okay okay we can we can to rearrange those yes so let relocate the street trees to within the property is that right yeah not in do and then then you're asking for the 5ot waer I mean uh you know you can just put connecting uh shrubs in between it doesn't have to be uh you know from one shrub to another but typically we like to see Landscaping on the Frontage and we we certainly have no objection because that would be part of any condition would say that as directed by the planner and the tree expert and Miss Newman if she wants you know to supplement man Landscaping in appropriate places and direct us accordingly so hopefully that would be subsumed in it but um why would you say Dennis it's relief or it's not relief so I think Sher is saying is comply oh so the compliance is just putting the trees on our property instead of in the dot right away and the five fo St got it then we're good we'll comply I have a question if I may where where are you putting the company sign CU I see it I don't see it on the architect will show it we should be able to identify it for you but you're talking about in the front or the on the look on the screen Council 22 foot it's look on look on the screen if you look on the screen I could show you it's right here right in front of the tree okay so then why keep the billboard or do you have to keep the billboard oh un yeah it's a different one well so so let me and just to beern the professionals thought that's before was going to encapsulate it what happened was years ago I came in and got a billboard approved when the township of how approved Billboards throughout I did five of them okay um two of which were on Mr kuso's properties one on the North End one on the south end um because the town rescinded that ordinance following our approval there was a concern that we would have if we would have the we have a lease we can't just tear it down um but we would have two principal uses on one site so we didn't what's called merge the lots for this application we just can't take the billboard down because we have a contractual obligation to keep it um so some of the variances and some of of this one of the things we're going to ask you to do if you were to prove it is condition it on the site needs to function as one so we're going to do cross easements but it's really just the billboard is there I can't we can't take it down because we have a contract with somebody um so so that's why we're here it it's really a legal fiction to keep them separated on the Lots but it would have put us in front of a zoning the zoning board how long is the contract for I think it's like five or six more years it's not worth the money at this point but we you know back in the day we were putting Billboards on people's property was the second use on the site but because the ordinance was descended I agree with Jen's position that it created a principal use on the site but it wasn't treated that way back when we came back back then L of lawyer Goble but in Thea no in I can't right now yeah well we if we can rent it yes we'd like to keep it but it's not it wasn't crucial it's not it's not killing it to come down I don't think so I don't think in engineering there's no safety issue I I don't think the planners care you know I not not since the there's no intention to consolidate the Lots the lots are going to remain separated they have to remain separated so they're going to have cross access easement to allow access to the site but the're the lots are too separate so I don't have a problem with it especially given where it's located on Route 34 cruso keep the sign to make his money I I I have no issue with it he won't let his lawyer advertise on it I don't know why well he doesn't want to see my face any more than he has to um if there are any further questions from Mr Comey I would I I had a couple so that just that gravel area did we talk about the the lighting there what's being stored there well uh nothing's being stored there I'll just say that's the staging area for the prep of the construction equipment just temporary uh there is four light poles at the perimeter of of that gravel area and building mounted lights at at the back of of the building as well but it's not lit to a parking lot standard it's not for parking uh and it will not be in operation at night so the lights are there just you know to provide some perimeter lighting really what do you mean prep of the equip what Happ I could I could ask you that what happens in in this type it's not it's not really like a car dealer when these this equipment comes obviously it comes on huge trucks it's empty so when the architect will show you that's part of the setup there's they fill it with fluids they do various things so there's a large prep area for those large equipment that's what the manufacturer does a lot of the work outside um so some of these machines are tracked track machines and they got to get loaded off the low boys to leave the site sir correct canopies yeah canopies installed yeah I mean technically we have a service department but as you can imagine most of the service happens on site you know they'll bring they don't bring their their their tractor Trail you know their uh bulldozers in the gra makes sense because there's no way to as would be able to the TR I would just ask if the board were to act in the affirmative on the application given the proximity to Wetlands Etc that you submit some kind of like spill prevention plan in the event that any of those fluids are are um were to Spill and then potentially run off and then perhaps have some kind of like Timber tie around the gravel area to make sure you keep it correct one other question you have a gate that's proposed in this area if you look at my cursor just what's the purpose for that yes just just for a landscape maintenance uh maintain the the landscape BM on Titan Falls Road that's so did we exp just to cut through to the landscape burn on the other P gate so I mean it's not like it's a small gate that's why we ask the question I have nothing further and then you have the uh septic design plans by others so that's for future consideration no well it is proposed now it's it has been designed and approved okay okay with all the regulatory requirements okay and that's all fenced in too it's all up right up to the standards that we want got it okay is there natural gas service to this property yes I believe so yes okay along Route 34 yeah got it um I guess my only question just environmental is my background and I hear well and I know the surrounding areas have well water there but there's a significant known groundwater plume in that area that's coming off a Earl and coming off the fire training areas um it's it's been announced numerous times over the past couple years has there been any testing of the water on that property that's going to be used for portable pass my Cent that would be something have to ask my client my back Mr cruo advised that he's actually um his next door right is well water tested constantly it's fine uh but he he advises that the wellwater uh um individual said he'd have to go down at least 100 feet to make certain that he avoids any of the things that you he or she I'm sorry yeah I just want to go on record at that because I know that numerous homes that had Wells and you know they were provided bottled water and told not to shower so so they got to go deep that's what the ship said yep deep cased off probably treated um other than that anybody the uh entrance in exit will be covered by the traffic study traffic yes yeah yep cuz they're talking about going left and right on that yeah okay okay well um I guess I'm going to open it to the public just for questions relating to his testimony no traffic yet because obviously that wasn't put on the record yet but just to the engineering plants I don't know if I have people coming up or people leaving I have people coming up all right come on yeah yeah it's just for for questions uh relating to the engineer they I think they still swear them in but there's no just question uh can you please uhu state your name and your address oh yes please just in case a question involves testimony yeah usually I yeah that's fine that's fine who's going to you're each going to speak well I'm here cuz uh you want to sit on this side so I can either yes or speak one person I just need to it'll be me okay ra your right hand you swear from the testimony about sport is going to be the truth the whole truth nothing but the truth please tell us your name my name is Mary your address my name is Mary Lee paresi first name is Mary Le space in between Pari p a r i s s and your address my address uh mailing address my own is 12607 Darla Avenue that's Los Angeles 91344 never I am the can you just speak into the microphone please we never have one someone come from California do you own property here or take care of property near this I'm a neighbor okay mr's neighbor yeah could you just point out where you you live in California or you live in the house in California okay so I am the executor uh Mary Lee pesi executive to the estate of George I pesi owner of block 233 Lots 8 and nine okay we are original owners from back in 1954 okay so we are at the back in the back right on yep think some of some things were already yeah you have you have to speak everything into the microphone please speak glou okay so something came up in the discussion just a minute ago you can pull that mic down because we have to get you on the record thank you all right now I can hear me too all right uh first first item I want to discuss is the gate entance Tre on tinon Falls Road uh I understand now it's for the maintenance is this an in-house maintenance crew that needs to uh come through the property to that uh buffer area is or is isn't out somebody hired out actually we don't know um it'll be up to my client at some point but uh he he is in the construction business he's the guy right next door um it's really to gain access and not having to go down your road it's trying to gain access from our property to that area on the other side of the so uh what kind of equipment we talking about a lawnmower equip just they required there's a required landscape buffer and what what usually happens on another side of the see on the other side of the fence right yes what usually happens on the other side of the fence is it doesn't get taken care of the right way Mr Caruso as I'm sure you're aware is incredibly neat and uh concerned about the appearance of his property so he cut a gate in there so he could get back there and maintain it properly okay well my initial thought that a gate is unnecessary um to come through uh just you rather trucks going down the alltown road and parking on the road but we thought it would be nicer to be keep on our property and not go on your road or near your property and it's a it's a large gate that's what I was asking so what's the concern I mean it's not even on the public street it's between two private properties it has nothing to do with the public road so what do you think is going to go between them they've represented that it's for Landscaping Maintenance that would be that would be a condition of any approval of this board so what is the concern other than that I I was I need a clarification on the purpose that you know lawn MERS were going to come out I'm just curious what that was for so that's that's what the purpose of that check that off all right the the next item is uh on page four the site plan the burm the burm uh uh along the buffer wall should be at full height six foot it it tapers as it gets to the north side should be completely at the same height all the way through is that your that personal opinion uh I'm reading the code so okay the issue with doing that I mean Mr Comey can testify to it Mr Comey can you build a burm that could reach a Max height of six feet um with the property lines constraints I mean the issue is you can't grade on a joining property owner so in order for them to get the grade where it needs to be at the top of the burm it doesn't continue all the way down I think as was indic ated by Miss beam and confirmed by our tree expert they have to add additional trees but they can't put a six foot BM right on a property line because they can't grade it that way within their own property lines but I would ask Mr Comey to testify to that uh it I think if we were to go up the full six feet it would be more like triangle shape I would say um we could look to to raise it slightly uh but uh the reason it's it's kind of tapering down is that's how the the the slope of the site is traveling from south to North and that's that's really why it looks a little different on the south end versus the North End so the trees that are planted will the tops of the trees will go lower and lower as it gets to the north the trees are are going to be planted at the usual six six or seven foot height and they'll they'll reach a much much higher mature height I I I don't know exactly the I can go through the the plant list and and go through them but it's a mix of Evergreen and deciduous trees right okay so uh so we won't have as much of a blockage of what's going on Beyond more toward the north correct I don't agree I and I think respectfully I think the applicant testified that they're going to increase the Landscaping in this area to comply with the Tree Experts requir and so I don't think there's going to be a problem with blockage that that was my concern okay all right fencing uh Jennifer I believe you already mentioned the chain link situation yeah now they're not going to put chain link and there's not going to be barb wire so you don't have to worry about that it's not happening wall 10 foot 10 foot three 10 foot is is is is permitted but we're not going to allow the chain link with the slats and we're certainly not going to allow the barb wire so we're going to have to come and the applicant already agreed to work with us to come up with a suitable alternative that would be more aesthetic which is our concern and but they also have a security concern because they have expensive equipment so there's it has to work for both okay we'll check that one uh lighting uh the lighting was those Blom marks the brand yes yeah yes I just want to get to the page page five so uh the the lighting should be non-spreading and downcast but these particular lights uh they would need to be capped right so the 24 ma'am are you a lighting expert or you just I had a planner go over this okay so you're testifying based on someone else's advice to you well they they are downcast by pictures right but but respectfully right this is questions and you cannot provide information based on someone else's opinion because they have a right to cross-examine anybody that comes in here so you need to ask questions on behalf of you okay and you cannot opine based on somebody else's opinion because he has a right to cross-examine whoever it is that gave you that opinion and they're not here so you cannot do it okay so are the so as reference are the lights that are going in the same as lights that already are in on the adjacent line so for a reference for for me I I don't know what lights are on the adjacent LS so the issue is lighting that should be uh downcast and non-spreading okay and I they are 100 I can show you pictures that's not helpful because the site's not developed yet so you can't show me pictures of what they're putting in we have plans on what they're proposing which is consistent with what our requirements are what what's there now is irrelevant because what's going to be there is not what's there now so I you know then you should be happy that those lights are coming out and these new lights are going in but no no I mean as a reference as a type of lighting that exists at a neighboring property as neighboring properties are Irrelevant this is this site only what's happening around you around the is irrelevant to this this is this site this site only the plan show downward facing lights they've been reviewed by The Professional they are they are downward facing they don't spill over onto the neighboring properties so what's happening adjacent is not relevant to this procedure may I ask if we're going to be able to see the light coming out or is it going to be with you know visible like a street light as we all see street lights so that's there's picture of the lighting the picture of the lighting is up on the screen so I mean I'm sure you're going to be able to see it yeah just like you know there's nothing that would but it's but ma'am it's 100t from the pro from your the property that you don't live in but that you own or have an interest in but it's it's I have tenant I have tenant okay so you don't live there okay you're not it's it's it's going to be 100 feet those light pulse you'll see them probably I'm going to see the lights so and I just want the board to understand too this is a permitted use and what they're asking for is not a like they're not asking for major relief they're allowed to light their property do do the lights need to be on 24t poles could they be on that's what we allow yeah it's allow it's allow but the int the intention is to provide security lighting as Mr Comey testified to could I be and add more for more lighting for you so we don't see up and have that no no the trees will cover nope the trees will of course grow very tall and and U will help the block your your view of any any light um I will say that those two that are closest to tinf Falls Road were not proposed to be the security lights so those would turn off one hour after closing is what I testified to all right so they would be it would be dark after sunset in in in that area around the building we have is where we have our security light so that's even further further away from that easterly property line okay after one hour after closing and which is well what are the operations 10 say N9 10 maybe latest okay and there and there's late night deliveries I heard you mention could be could be um there's no there's no prohibition as to when timing of deliveries are you live next to a a property that's owned for this but um you know that means people have to be there and various things so we it's not expected to be it's not a normal operation but the but the town has a noise ordin ordinance and you agree to comply with the noise 100% which is 10 o' correct that's not quite as simple as 10 o'clock it's 50 DB at 10 o'clock for 15 minutes or longer so if something drops at 10:00 higher than 50 DB and it lasts a minute that's not in violation of the noise ordinance all right so so and a closing comment here I do need to questions only comments later oh okay uh on a second Property Owners okay uh for mud all right uh the issue with the drainage is there some kind of drainage plan so because tinon Falls Road does uh uh pile up with water and mud okay so as was testified too they are fully compliant with the D storm water management regulations as well as the Howell Township ordinance as it relates to storm water runoff um quite frankly there would be minimal water at all leaving the site to go to ttin titf Falls Road it would have to be less um anything that's going there would be from the burm but everything is being directed towards 34 that's where the Basin is that's taken care of it's compliant with storm water RS as as required by state and ordinance comments are later yes yes we'll open it up I'll save it okay thank you if you want to leave your stuff you cuz if you're going to come back up I mean as long as you don't mind I mean rather than clean everything up if you're going to come back up you already have it organized you want to leave it here is there any other one any people from the public that want to just questions for the engineer okay seeing none so well I asked M Veri to come in sure this start traffic engineer swear from the testimony that you got give report it's going to be the truth the whole truth nothing but the truth I do bus address Nicholas Veri v r d r e e 1904 Main Street Lake comoo New Jersey oh yeah um I know that it's been here before but if you want me to go through Cals or is the board he's good to go thank you Mr chairman thank you so Nick uh you know the drill explain to them that what our thoughts were why we went out 34 why we didn't go out the back and you know what the status of our approvals Etc yes uh so you already heard the status of the approval so we're at the Finish Line at NJ doot we have uh draft permits that were submitted back uh so we've addressed all the technical comments we're just waiting for final sign off uh we anticipate that with within probably within the month um as far as driveways um this has all been vetted at njdot uh you heard conversations before about the widths of the driveway um the radi of the driveway all of that that was all worked out with NJ do with the Turning templates for the largest vehicle uh to ensure that uh Vehicles would not have to you know slow down uh significantly to get into the driveway and potentially create issues with uh you know traffic traveling along rout 34 um the reason we're not on Tinton Falls Road the obvious reason is residential uses back there from a traffic standpoint if you follow Tim Falls Road down it it it hits uh 3334 there uh opposite where the uh the U-turn is um we pulled crash data there there were about 150 crashes in that intersection uh in a 4 and a half year period it it was probably the most crashes I've seen in intersection uh in my 30 plus years of of doing this so we didn't want to send any more traffic there dot agreed because typically the type of Road this is on they would typically like to see an all what they call an alternative access but they were comfortable not sending traffic on titf Falls Road to that intersection um crashes along 34 we looked at that as well so we looked at the existing site next door just to get an idea in that same four and a half year period there were only I think four or five total crashes um maybe one rear end and three right angles well below any um you know any criteria for you know thinking there's an issue that you you would need to correct um sight lines from the driveway we looked at that as well uh we provided uh an exhibit to ngj doot to show them that the sight lines were there uh the RightWay is really wide so it was easy to get a Clear Sight line um in that location uh the requirement there for 50 mph 55 design is 610 ft we have excess of that uh in both directions um we did do a traffic study so we did traffic counts along 34 and the neighboring driveways uh just to get some volumes to understand existing conditions then we projected traffic based on uh NJ do and and The Institute of Transportation Engineers um this is not a heavy traffic generator by any means um it's uh only Falls in it's not What DOT would consider consider significant 100 trips or 200 trips for a major planning um so again we did a traffic study we showed good levels of service at the driveway we're pretty much done on the do end um yeah I think we've uh done a nice job we put the driveway purposely at the far north end of the site uh I'm sure everyone's familiar when you're on 33 34 and it splits you're coming around the curve we wanted to be as far from that curve as possible here uh so that's what we were able to uh achieve and the dot had no issue with a left turn or right turn out of no no there's really wide uh shoulders actually along the frontage uh so anyone stopping waiting to make a left turn in there's an easy bypass there I think it's more of the left turnout that yeah about a left turnout a left turnout is fine it works at uh because it's almost like where the road starts to split yeah I mean left turnout is fine as long as you have Clear Sight lines and and there's gaps in the traffic stream which you know we showed by the traffic counts a tricky area over there youring that road up there it's not on best anybody uses that U-turn every day JB's Diner yeah right there oh yeah just crashes in his parking lot every single sure agree It's Tricky right there but they're farther away from that yes and it's the solution guys come thank you that's actually all I have of Nick I we're way down the road on that so hopefully we thought well thought it out at least he did anybody have any questions traffic no I'll open it up to the public for questions regarding traffic only seeing none I would call Mr uh thanks name I would call Mr Collins um noting that we're from the same tribe but we're not related here Mr chair I would just ask are you do you want to hear architectural testimony I know the applicant will be more than willing to work with my office to make the building comp it's necessary I don't necess I I I don't mean to rain on your parade but I know you're going to work with me anyway and they're comfortable with that so I'm just trying to like make sure yeah no unless you have any questions or concerns I mean we will you know with all due respect we understand that Jen has uh uh uh I know that Jen has certain issues with you know blank walls tell she want what's necessary so we'd be more than happy willing to work with you're going to do what she want you understand he does I work with him in ttin Falls I am the same me in tin Falls that I am here so don't worry thank you thank you so I would the last person though who I believe is the most important is Christine cfone she's just going to wrap it up and just go through the vares and waivers we have we are requesting um and I think that you all know Mone so yes I do yes thank you good evening uh my name is Christine cfone C F NE e business address is 125 Half Mile Road s 200 Redbank New Jersey 07701 I'm testifying this evening as a licensed professional planner I've testified here in how many many times and before over 450 or so Planning and Zoning Board throughout the state of New Jersey um I sit as an affordable housing special Master where Mr Bri leodoro sits with me as a hearing officer um nice to see yes good evening and apparently your Council this evening is one of her favorite lawyers she yes by the way before tonight yeah so Christine can you just go over the Varon waivers and whether it's C1 C2 and yeah so Mr Comey identified all the variances and waivers for you and I know you have uh you know you don't want to hear a lot of testimony I'm sure tonight because this is a substantially conforming application the use is permitted as of right in the HD3 Zone and we really need no bulk variances no bulk variance relief for the size of the building what that means is this building complies in all respects with the setbacks the coverage the height and the scale and intensity that was envisioned for the HD3 Zone the variance relief that we do need was identified by Mr Comey and I'll run through it really quick just so we're aware but we need a variance for the setback of that existing billboard we need a variance for the signs uh because we don't have Frontage on 33 or n we're limited to one type of sign where we have three the billboard the two building and the one pylon sign uh we are asking for some variance relief for the fencing in the buffer but we did um eliminate the request for the chain link fence as well as the um barb wire based on the comments of your planner so we are also asking for um to the extent it's required the birming we did agree to work with your planner um we're certainly providing landscaping and meeting the intent of the ordinance there um so I think um and the accessory structures we do have accessory structures in our front yard we um right along 34 we have some uh basins uh located in the front yard so that's the variance relief in addition to that we need some waivers Mr Comey went through those we needed waivers for the width of the access Drive I think he addressed that sufficiently and told you with the type use and nature of this property we need a little bit more than 24 ft to comfortably get our trucks in and out comfortably and safely we need the waiver to introduce the gravel onto the site where the ordinance requires the paving um that again is for the long-term maintenance of the property and he also indicated to you that that was a little bit better for storm waterer Management in the area even though we are far below the perious coverage permissible in the HD3 Zone uh still a betterment for the site right why have impervious coverages that we don't need um we are asking for the lighting waivers as well for um the average lighting levels and then as was testified to at length those will be down shielded lights and they will be turned off um from one hour after closing from desk so certainly no issues with our lighting plan um so I I think in this case before you you can grant the variances under the C2 section of the statute and that the board can find that there is sufficient space in appropriate locations for a variety of uses that's criteria G criteria M also takes talks about um an efficient use of the land when you look at this application it's a little bit when the the Lots collectively form a little bit of an irregular lot shape and I think the application that you have before you efficiently uh lays out the site and does so in a way that there's no substantial detriment to the Township's Zone plan or the ordinances here when you look at the stated purpose of the the HD3 Zone it is to provide for Highway development along Highway corridors that will provide a balance of social economic and cultural opportunities for residents while maximizing existing transportation and other infrastructure along the highway corridors given the proximity of this site to the regional transportation Network this is an excellent location for this use in its zones as of right further the 23 2023 reexamination report here in HL talks about uh creating a stable and diverse economy and looking for new businesses and economic opportunities so I think that when you look at the um the applicant in totality that there will be no substantial detriment to to the Zone plan or the public good and that the development of this site in conformance with the HD3 Zone actually implements your your 2023 master plan and certain goals and objectives found therein and I think the waivers meet the intent you know certainly the int ordinance and that but that includes our agreeing to those conditions with respect to to supplemental Landscaping fencing Etc of course in those conditions were to work with your Professionals in the event there was something lacking in our architecture um we we understand that there is no other option other than satisfying planner Beam on the architecture we've been here enough times to know that if beam's not happy no one's happy so the plans will be if if not acceptable in their current format I think they're they they do um comply but if there's something where we're missing the Mark we will absolutely as a condition of approval work with um Miss beam's office and all three of your professionals um Miss SPO Miss Newman and B we will we will satisfy them that we will put the Landscaping along the frontage um in that 5 foot um area and the 5 foot RightWay strip we will make sure that the Landscaping is suitably located as well as suitable types of landscaping um in the buffer areas I think um I don't disagree that along that southern property line or we may be able to do some additional enhancements as suggested by planner beam earlier I think to the east we look pretty good back there I think we have a nice amount of landscaping but at any rate as a condition of approval we will certainly work with your professionals Mr chair I don't take exception to any of the testimony that's been provided I think given the location of this site I think if this proposal was somewhere else in town I think maybe we would be a little bit more worried about the traffic or whatever I do think also it's important to note that they entirely have a right to access tinf fall have in the back which they're committing not to by putting the burm and the fencing and the Landscaping so as to direct all the traffic to the state highway which is where it should be um the the relief that they're asking for is di Minimus in my opinion and the waivers I think have been sufficiently testified to I take no exception to what they're asking for I I I think that this use even though I get it it it it's changing what is on the property currently but I don't think it's that intense of a use that it's going to be impactful at all and agre and again similar to what I had to said earlier about 96 industrial it's permitted right so we don't we really can't discuss potential impacts offsite because the zoning allows for this at dislocation and I think that the testimony that's been provided more than um justifies the relief they've committed to working with my office Lauren shie with respect to whatever outstanding engineering issues remain as well as supplementing the Landscaping to sh satisfaction which we always require I I take no exception to the application as presented great any questions no seeing none anybody from the public planning questions seeing none all right thank you thank you Mr chairman that would be all I have unless subject to the public comment yeah I I'll open it up to the public again this is for Testimony now um um so of any of the comment comment or comment I'm sorry on any of the testimony that was discussed this evening I turn again since you're already swearing we're not going to swear you but just tell us your name again Mary Lee paresi actually just just before the public comment and I just if I could just Dove tail to miss beam I would just represent to the board that Nick was a little bit Kinder there was a lot of pressure to go out the back MH um we thought that that would be too detrimental to the neighbors um they're going to get they're burm they're going to get their Landscaping um so we thought that was worth the fight and that that's why we were at the D earlier than you would expect and we were so far along with the do because we thought the board would agree with us you know and the roads they're going to leave on there's not a lot of how Township roads they're going to leave on um that would have never worked out would been insane I think it would have been a very different Op game over would have pitch there would have been pitchforks behind us I think you brought up but we but the dot doesn't usually take that in consideration so I want to make sure that you knew that we worked on that you know do said they were going to do that intersection like 1975 come back certainly absolutely still dister crazy well John you were concerned about that last time you were talking about going out tent and Falls before go that's a that is a death trap right there coming over the hill over the bridge back if you're if you're in that area you got to be very careful especi you come out tip Falls and get into the loop to goes north on 34 you better say it's crazy czy okay um since it's comment time uh yes my issue was the lighting and from our experience on the pro property that same or similar lighting does exist next door I know what it looks like we have an issue my tenants are very upset it looks like a football field uh we are hoping that these trees do block and help with the issue uh and they grow fast uh that they rise above the 24ot foot poles M grey I'm sorry you have the mic otherwise can you hear me now you can't be turning around oh um I'm being rude not talking to you that's sorry uh that I the issue with the lighting and that you could see the bulbs you know clearly as we have this experience with the neighboring same type of lighting we understand security and and uh I do say we're happy to hear that it will be turned off uh after business hours uh but it quite the so the the lights that they're putting in though they are totally blocked the the bulb isn't going to hang down below the you know the mounting structure thank you thank you okay um yeah it's not going to be like a uh like you're going into a um aall a mall parking like a Walmart parking lot it's not that it's G it's directed straight down for security it's more about seeing the bulb even so you know not just the downcast but you can see bulbs six foot burm and probably like a six to eight foot tree so I mean that's you know that's what they're going to start at start at and then they grow about a foot a year pine trees grow about a foot a year so can imagine my concern standing on the front porch and looking out at this and just waiting for it to turn off Ang well you know I do have a home in New Jersey so I am back and forth okay that's um I just want I just want to make a comment uh you know we we've been neighbors of the Caruso for quite a while and we know he's in business and uh this is how it is and we've been enjoying our home in farming Deale since the beginning matter of fact uh uh we bought the property we before my time from the lip and cots who are still our neighbor um next store we've had uh only two neighbors uh since 1945 and there's really only a handful of people in this very short uh Tinton Falls Road matter of fact nobody knows it's there unless you're going to JB Diner and you accidentally end up on our street and uh uh we're still waiting for Google Maps to take it off as a as a uh continuous road because there is a fence from the Naval Weapon base at the end of the dead end there there was a time that was a gate so back in the day uh the guard would be stationed there and my sister and cousin would go and flirt uh as little kids try to squeeze through the chain link uh without getting caught um the Convoy would come out I think Sunday afternoon and we'd all line up on the street to watch all the trucks and jeeps come out nothing much has changed since back then no one knows about this little stretcher Road uh we till this day even two days ago just hanging around the house uh you know people walking their dogs taking strolls watching the sunset it's almost just this uh Time Capsule it's what we called uh as we all say going down the shore we call it going down the country and this is really what Farmingdale was about leaving the city and coming to the country uh so we respect uh our neighbors that they're in business but there was a uh a uh case 9706 in 1997 uh there was a resolution with that case the neighboring lot and under the first condition that is recorded uh part uh part that is nor will any other condition be permitted to exist that would adversely affect the adjacent Property Owners so I implore on you that to limit uh uh any of the negative impact that would be for us that that live live on the property uh my neighbors uh and uh that we enjoy it as it always was and we can live in harmony harmony this way obviously there is a an expanding commercial uh uh business uh that is uh uh there is an expanding commercial development uh next to an an existing adjacent residential property and we need to uh uh mitigate how uh these plans go in so I'm just asking to take all that into consideration there are there are neighbors living and enjoying the area so so as far as us listening to the the entire application and what everything was presented right we I feel I speak rest of the board their professionals and working with Mr CR his team did the right thing like not going out to the false Road providing this BM okay trees Landscaping you actually get more than what is on the plans and to uh satisfy hopefully you and your neighbors Okay I uh I'm sorry you don't feel that way maybe right now but um it's permitted use this you know I feel they did a really good job a lot of people don't come in front of this board with all these all their te CR and do right yeah the main the main was the the defense defense was the yeah a big issue and you jumped on that barbed wire I mean you know we have it next door to that so it's get it and you know that's not the aesthetic that we're looking for I mean we understand that there's a need to for security maybe some kind of and I'm not suggesting a true jar fence cuz I know that that's super expensive but something similar that I know you also need the visibility to make sure you can see if someone's in there but something that's a little bit more aesthetic which I I think the applicant you know I know the applicant's team has worked with this team many many times and knows that you know we're not going to allow something that's going to be to the detriment of the neighbor so we will we're on top of it yes okay that's my comment that's it thank you thank you anyone else from the public seeing none Clos public portion any closing remarks Mr chairman just uh I hope that the board um Leo indicated that we we thought this through for a long period of time um it's something that we uh even when you were the zoning was changing we we were interacting with your professionals we think we've proposed a uh a pretty benign use for this type of Zone um and I think it's going to be beneficial to the area you know there are Farm plenty of farms still left in Howell I represent upper Freehold uh which is a huge farming Community I think it's going to be a be a good thing for the for the area for the for the days when you could sit on your front porch and smell the farmers um so we hope that we're uh we're you know we're part of how chip has been part of how for a long time um and we're we're happy to be here and we hope that you uh approve us we know I'm sure Council has taking care of the conditions that we discussed and uh we're will always be willing to work with the township to make things better right thank you okay all right that being said yeah I'll entertain a motion Mr legio second it second Mr Greenfield Mr Greenfield yes Mr leio yes Mr Mercer yes councilwoman Fisher yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries thank you very thank you very much Mr chairman congratulations or or sympathies depending upon the circumstance um hope to see you again thank you thank you do we want to take a fem minute break or do we want to power through all right okay so that's it for applications this evening and we are going to now hear Miss Jennifer beam it is the area in need of Redevelopment hearing um I'll just describe it real quick um it's a public hearing to consider whether to recommend the township Council that properties north of Casino Drive Burgerville road Southbound along Route 9 North of West Farms Road I'm not going to go through the blocks and lots but should be designated as a non-c condemnation area in need of Redevelopment um the area in need of Redevelopment designation if made by the planning board shall not authorize howl Township to exercise the power of eminent domain to acquire any property so Jennifer I will give you the floor before you start can we see if we can get Brian back Brian yeah hey Brian let's go that's how we get him back do you want to swear me in for this I do Jen floor is yours so the governing body uh approved a resolution to request that the planning board evaluate a corridor of Route n it's the southbound side from I think it's the Florest which is like just north of the Fooda tile building all the way through those little Bungalows that are just north of Home Depot along the South bound side the apartment build approv no it goes past them past the the Marite Chapter House CME and then the Kentucky Fried Chicken and then those little Bungalows up to where the Home Depot site is um as you know that section of rout n is needs a little love you know there are definitely buildings along that Corridor that you know could stand to be redeveloped in the in the larger sense so we undertook what we call a an area in need of Redevelopment evaluation to determine if the entirety of the corridor met the criteria this is not to say that every single lot needs to be redeveloped so for example the bank and the pharmacy probably the bowling alley they're in pretty good condition however when you're looking at the corridor from one end to the other it fits within that Corridor this was done in a quote unquote non and I think Nick you indicated that in your summary a non- condemnation designation which means so the law has changed from what it once was you know I know there's been a lot of stress every time the word Redevelopment comes out given like what's transpired like in Long Branch and other locations within the within the state so now you have to designate from the beginning when you do your evaluation whether there's an intention to use condemnation or not this has been done as a non condemnation so I want to State for the record again there is literally no legal ability for the town to take property period end of discussion it is illegal period should the town want to implement that we would have to start over and I would be very clear in our in our designation so I know people get very nervous when this happens but I just want to be very clear again non- condemnation we will are not legally allowed to take property through eminent domain illegal this is also being done as an overlay which means this is going to if this goes through and I would recommend that it does and I'll get to the details of it if it goes through this means that the town would create a Redevelopment plan which would be an overlay of the underlying HD1 zoning District which means any property owner within this Corridor would have the benefit of the HC zoning on top of which they would have additional zoning options and I can tell you right now the town is considering mixed use along this Corridor so there will be multiple zoning options nothing would be taken away no property would be rendered non-conforming there'd be no negative impact to any properties it would just provide additional opportunities for the property there are in the Redevelopment Housing law a number of criteria for designating an area in need of Redevelopment and they range from they're on page three and four of the report I don't think I need to read them but they go from a to H and when we evaluated the entirety of the site the criteria that is met ranges from a which is buildings that are substandard and dilapidated and I think we can all agree that there are a number of those buildings throughout this Corridor B vacancy there are definitely strip centers and other buildings along this quarter that have been vacant for significant standard of time C municipally owned property not a ton but there's a couple but that're within the corridor so they would meet that criteria D again obsolescent so it doesn't necessarily have to be dilapidated or vacant but the design is maybe Obsolete and is preventing perhaps a new more recent use from utilizing the building and H which is there are those properties within this corridor that by itself stand alone may or may not meet the criteria but because it's within the entire Corridor and it lends itself to the corridor meeting the requirements they were included instead of chopping this up so from the Florest All the Way South through those Bungalows um and we have a a lot by lot assessment in the document which I'm not going to read and somebody has questions I'm more than happy to answer it but it's in my professional opinion that this Corridor and especially I mean honestly we may need we may look next on the Northbound side because route n in the northern portion of town is very different from Route n in the southern portion of town in terms of development and what have you and this would provide added incentive it may provide incentives to bring much needed infrastructure to this area which has been a problem with the Redevelopment of this of this area um and and create some incentives to jump start fixing some of these properties up so I would respectfully request that the board find that this area be deemed in need of Redevelopment just because we you know it hasn't done it on its own so the town has now thought it's now time to maybe create a little additional incentive to Kickstart perhaps some development opportunities I don't think you guys been far enough I think I mean let's go let's let's take it slow okay I think the free acor section I don't disagree but I I do feel like in certain circumstances chunking this into manageable sections because the other thing too is that when you're preparing the Redevelopment plans you know it's easier to manage in manageable sections and not all sections of Route n are created equal and so it may be different development options depending on where we are I agree with you I think the entirety of the northern portion of Route N9 in both Direction needs a little visiting correct but we're going to start here because like the one that keeps coming to my head that I can't cannot get out of my mind is that Army Navy Store like that site needs something well was the deal I do p the correct so I do think that we need a little bit more something so that's kind of where where this stands okay how does that how does this then affect you know trying to bring sewer infrastructure into that space so there's there's redevelop by D deeming an area in need of Redevelopment it opens up financing options that are not available for traditional private property owner under traditional zoning that perhaps the township because the township would act as a Redevelopment entity so the township perhaps could investigate these funding options you know there's issues with franchise locations and you know from what I understand the sewer runs along Fort planes all all these lots are through lots to Fort planes so it does it it just provides the opportunity for the town to investigate options that they're not able to do on behalf of a private property owner current so can can say two or three of those Bungalow Lots if one guy was or person group was to buy three of them could they combine all three lots and then make that yes but we're not there yet this is just saying the area meets the criteria the next step is to create the plan which obviously there's going to be public input associated with how that plan is created one of the things that kept coming up which we're seeing more and more is a mixed use concept which you know I don't necessarily think along Route nine is is the worst idea so I think well it's it's all up all up in Freehold they've already they've already got a precedence and I think they've been pretty successful in getting rable well not rables well the retail getting getting it filled like but the retail is also filling because of the population above correct yes you need the population to buy the Pampers and you need have place that's the next step this step is just designating the corridor that's step one so Jen if you have a property like you stated that in the corridor that doesn't meet the criteria for any of this just simply of it being in the corridor it's okay yes so there is a provision that properties that allow for the totality of the area to be able to be redeveloped they're allowed to be included if you were doing it just that property on its own no but in the bigger picture you're allowed to add those things to the betterment of the total Corridor got it and is this going to help with our next round of housing may maybe depends I mean again this is just the designation the Redevelopment plan is going to do the uses and what's allowed so that's the next step we don't even get to that next step if we don't get over this step I just to follow up Jen said uh this this is the first step in the process if the board tonight to recommend that the governing body designate the area as an area needed Redevelopment governing body would adopt the resolution they would send it down to the DCA presumably the DCA would approve it and once that's done it comes back basically to Jen and to the board to start working on a Redevelopment plan but as Jen said all the nuts and bolts all the bulk standards all the proposed uses and everything else that's all down the road got it got it good good Jen yeah yeah so I'm sure there's people that have some questions um about this um so please feel free to come up to the podium uh state your name and your address good evening good evening you can raise the mic sir so you have perfect thank you SAR our firm testimony you're truth theuth iir us my name is Henry cira k a s z i r r i address is 531 Bennington Lane in lakeood New Jersey and I'm the owner of the Fooda tile property I bought it a year year and a half ago and it is blighted and I have just a few simple questions approxim the pass is from today and if each eache next meeting it's going to be approved are we talking about a year A two years a five year period it's definitely not five years the town is definitely committed to moving this forward as quickly as possible so the minute that and I will say I don't disagree with the attorney as far as like if the board is to act in the affirmative the resolution would probably be put on the next Council agenda correct councilwoman and then it would be sent to the DCA the C the the town is committed to moving this forward So the plan is going to be prepared like immediately I would say listen you know you and I both know that the wheels of municipal government don't move quickly so to say it's going to be a couple months I think would be disingenuous do I think it's going to be five years no do I think it could be done by the end of this year or even this fall I think I mean you guys you're the right I think you're committed to moving this if this gets done so I would say we've already have some IDE in our head obviously we're going to reach out to the affected Property Owners to get additional ideas for uses to be included should this go through but I think that we probably would be in a position what are we in may now may we in May yes lost track I think by summer to be in a position to have the governing body introduce something which would come to us for consistency and go back to them probably fall for adoption I don't I mean I don't mean to speak out of turn do you agree with that I agree so I would say fall and I I mean let's you got to leave a little wiggle but we're not talking 5 10 years we're talking they are committed to moving this my my point is if I may I I don't think will be built physically for at least three years I invested in my property I want to make some I have tenants that want to move in and I'm asking the board if it's possible that if I am on board certain wavers could be given to us so I don't have putting millions of dollars into the the building existing but I could rent it out for usage so I don't think that this board is the the one that can say that I don't necessarily think if there's a commitment obviously and I think we spoke right your son this your son in the back there yeah so he came we had a a a meeting of the property owners and and he was there and we discussed this I don't think that the township would be penalizing you if you want to participate in the process but these guys are not the right entity but I will say the town is committed to to the economic development and the revitalization and the Redevelopment of this Corridor so if there's things that you would like and you need I definitely think you should reach out to Joe Clark who's the manager and to identify what those things may be as well as Matt Howard and Matt was at the meeting with me as you know just to see what exactly specifically it is you'd be looking for and the town is committed to working with well maybe maybe Jen what is looking for is just to know look if you do this overlay am I putting money in this building and then it's not going to be worth any because the overlay is going to require something else it's not going to require anything think that's the overlay is right that's why I'm trying to give me an example yes the building is 48,000 sare ft right right now I I I put in brand new driveways I I resot an entire building right looks brand new now I go for my usage I'm finished I ask where's my permit oh we decided you need a sprinkler system in the 22,000 ft warehouse but it was at 11,000 sare foot but it was existing well it the whole time so now I'm going to put in a sprinkler system and a year later I'm going to rip it out that that's kind of not really related to this at all that's that's kind of thought where I thought he was going with this that's why I wanted to get some clarification Jen I think what Jen's saying I should take this with with uh no I think what she's saying is is is you have a right to use your building however you'd like to in the zoning that it presently is in there is a thought process that'll be some additional zoning put on top of that that will will enhance of what you can or can't do with the building but but you will never lose the right to do what you're you need to do with the building today so like if you kept at retail right it can always stay in retail in perpetuity but if say this overlay says now this area can have apartments or whatever the case may be whatever they come up with well now you have an added benefit that you could turn it into apartment somewhere down in the future but if you make your investment in your building now you're not losing anything in the future you're only gaining more more um options and and value code thing it's not the board and one more question is there any plans of egress on for example on my property not from Route 9 from the side roads I'm not sure exactly what are the planning because I mean if you drive through Lakewood and on route nine the the egis is impossible so that's a very valid suggestion it's something that could possibly be incorporated into the Redevelopment plan which is the next step to have cross access easements and to limit the curb Cuts onto Route nine and I have if it's appropriate 100% it's definitely something we can take a look at when we get to that plan preparation thank you and I'm very excited about it thank you you bought that property for my uncle yeah okay Jen What what is the best guesstimate of a DCA turnaround on these things I have never seen them even respond to be perfectly honest really they only respond when they really have a problem with it otherwise it's yeah don't hear yeah they I've never heard them come back if the board usually they leave the towns to do what they need to do yeah you know I think they only really get heavily invested if there's like massive objection and then the town approves something and then you have a whole Litany of litigators that are challenging it but generally it you know if there's if people are supportive of it radio silence you're golden correct got it that's I mean I just yeah I mean I've done many many and I've never heard from them ever yeah okay anyone else good evening swear the testimony that you're to is going to be the truth the whole truth nothing but the truth yes please tell us your name spell last address uh I'm representing the family so uh the name is to tell us okay the name is Navan tii Carol n a v a n t i e r i and the property I'm um speaking of is on Fort Plains Road 57 uh Fort Plains Road uh I don't know uh I haven't looked at a map to see how many zoning areas you have you have business is there a secondary one and then residential no it's just commercial to residential okay yes commercial so I don't know uh whereabouts this prop this property do you know what the block and lot number is for your property uh 137 is the block and lot 44 it's uh next if anybody remembers where the old trailer park used to be in there yes this is like next to in between where the lumber yard used to be okay there still there still houses two three houses here I would just wanted to know about the uh the Water now these houses as far as I know are all on well and septic correct but this is not this is not proposing development this is just designating the area the Redevelopment plan that would come after this would have infrastructure and would have recommendations for additional zoning but this is not changing anything only adding additional options to the property so the infrastructure the water the sewer I recognize there's an issue in this area we all recognize that there so there is no U City water or SE or septic on the front area of of the commercial area right now it's not no okay so that would have to be addressed at the time yes this is not the time for that but this may provide opportunities at appropriate locations we're not obviously looking to run it through the backyards of residences but at appropriate locations to provide if possible because quite frankly the sewer in this area is New Jersey American Water franchise so it's not even the township so there would have to be negotiations with the infrastructure purveyors looking at there's there's the one application I don't think it's a planning board application um that goes kind of like behind alongside Home Depot goes out the floor Plains Road it's a really weirdly shaped lot you also have like the Kentucky Fried Chicken area so there are locations that may be appropriate for easements to bring infrastructure but we're not there yet yeah okay all right that was it thank you you're welcome anyone else all right I thought pesi was GNA get up here but all right closing it so that being said I would recom I would request that the board AC in the affirmative on the designation of this Corridor as being an area in need of Redevelopment non condemnation non- condemnation correct yes everybody understand what that me Township can all right motion I will entertain a motion I'll make a motion to to non condem it Mr Mr legio and Mr Greenfield Mr Greenfield yes Mr leio yes Mr Mercer yes Mr tanin House yes councilwoman Fisher yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries thank you thanks guys thank you thanks Jen um Jen Master Plan update we have nothing coming up actually on that topic do we do we need somebody appointed to the master plan committee uh I will tell you in one second I believe you do because I think Mr B was on that I do I agree with you the master uh master plan subcommittee was Brian tannin House's chairman Joe Christian no that's last year no that was last year nope nope hold on I probably have I'll tell you in one second yeah you can do whatever you want while she's looking for that Mr chair I will say that there really is no need at least this month to have a subcommittee meeting because we really are not we've recently done the master plan multiple times and so we have time to you know once e figures that out to figure out that's fine the membership but there's no need to have a meeting this month got it and is there any reason for executive session it's Joe Cristiano is the chairman Mike Rebel and Paul Bava were on the committee okay so we will need a member to think about that and that's for you to appoint so okay so everybody be yeah okay yeah yeah all right Mr legio will be filling that spot okay thanks John um no executive session are we dealing with next week's meeting now uh well I'll just tell the board that next week we had uh Victory Road on the agenda and that is the only thing on the agenda and they have asked to be carried so I will be sending out a notice that the meeting will be cancelled so there is no meeting next week our next meeting will be June the 6th just just one follow up on does the applicant have to R notice for the next meeting according to Ron as long as I put a notice on the website and a notice on the meeting room doors and the building they do not have to Reen notice I can put it up there will be carried to the meeting and the notice on the web will say it's you know okay so Victory Road next week is being carried to I believe July July 18th that's our our our only meeting in July and unfortunately we do have a lot of little applications that are going to come due if I have to something's going in front of them just to get it off the calendar got it right now next week There's no meeting next week no meeting next week all right I will entertain a motion to adjourn next week is canc I'll make a motion to adjourn second thank you everyone