[Music] good evening um calling this meeting of the township of how's planning board January 18th 2024 to order Eileen opening statement please I hereby declare this meeting of the Howell Township planning board to be open adequate notice haven't been given pursuant to the New Jersey open public meeting Act in the following manner first on January 5th 2024 a copy of said notice was emailed to the asber 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 456 7 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 Howell Township TV 77 thank you roll call please Mr Cristiano pres Mr Greenfield's been excused Mr uh leio here Mr Mercer I have not heard from Mr tanhouse is going to be late Mr Rebel here councilwoman fiser here miss Pike here Mr Carbonic here and chairman uh Bava is excused chairman huster here you have a quorum thank you uh would everybody please rise for the Pledge of Allegiance and take a moment of silence for those men and women serving here and abroad Al to the flag of the United States of America and to the repu for which it stands one nation under God indivisible with libery and justice for all thank you feel like I'm sitting on the floor here switch te with Brian there we go all right okay approval of minutes for the regular meeting of November 2nd 2023 eligible voters Cristiano myself legio Pike and that's it can I have a motion please I'll make motion for approval of minutes second I have a motion in a second Mr Cristiano yes Mr Mr leio yes Miss Pike yes and chairman huster yes motion carries thank you do we have any vouchers no vouchers any correspondence I do have correspondence I have an email from Vince howerin he asked if the board would adjourn the hearing scheduled for this evening for the Augustine Kim case SB 30009 to the next available hearing date without further notice being required and his um expert witness was not not available but he is not available on February 1st so he asked for February 15th and he also grants it an extension to time through April 15 2024 okay Mr chair I'll just read the announcement then application sd- 30009 of Augustine Kim be carried to the board's February 15th meeting it's a live meeting beginning 7:00 here in the main meeting room at Town Hall there'll be no further notice to Property Owners I also have a letter from Michael Butler he's the attorney for case number sp115 I believe it is one second that's J A Howell which is also on tonight's agenda and it is case sp115 he asked that this application be carried to the planning board meeting for February 15th without further notice and granted the board in extension through and including February 16th 2024 okay so the application I'm sorry of JB Hal LL application 1115 be carried to the board's February 15 2024 meeting beginning 7 o'cl it's a live meeting here in the main meeting room in town hall no further notice to property owners and the last item was a land use ordinance I sent earlier this week it was introduced by the Council on January 16th and it's scheduled for public hearing and adoption on February 6th and it changes the zoning of certain properties within the S1 Zone and other properties to the AR6 Zone I don't know if anybody's had a chance but we have to uh I guess discuss it and decide whether it's substantially consistent with the master plan yeah so those board members that may be new um the municipal land use Law requires when a land use ordinance is introduced at the governing body it's required to then be referred to the planning board for determination as to whether it is substantially consistent with the master plan then it goes back up for a public hearing uh second reading before the governing body so we're here just to determine consistency with the master plan right and um so recommendation from the most recent uh oh sorry sorry recommendation from the U most recent re exam was to um examine this area for resoning so this is rezoning that area to uh are6 um which was just uh based on input from uh residents um and uh the council so it's your opinion based upon what is in our most recent master plan that this ordinance is substantially consistent that is correct what piece you can ask that Mr Mr what piece of property what road I turn it over to the planner is it a certain piece of property or is it just in general it's a bunch of properties by block and lot it doesn't say okay it's like a couple dozen it doesn't really say what address it just gives me block and lot but it's it's to provide an expansion of commercial zoning it's on Victory Road Victory Road yeah that's what it is several Parcels on Victory Road to A6 and and Does it include the parcel that that we've been listening to I believe it does although they're vested in the that's vested right so okay all right all right I'll entertain a motion that it's substantially consistent with our master plan I will make motion that it is sub substantially consistent consistent I'm not supp right second there you go I have a motion in a second Mr Cristiano yes Mr Leo yes Mr Rebel yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries thank you and that's all I have okay thank you on resolutions first one is the resolution appointing Mr ciero of weener Law Group as our planning board attorney eligible voters Cristiano myself Rubble fiser uh Pike Carbonic can I get a motion please I'll make motion for approval I'll second okay seconds Mrs Pike thank you Mr Cristiano yes Mr Rebel yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries resolutions memorialized next is resolution appointing Laura Newman of CME Associates as our planning board engineer eligible voters Cristiano myself Rubble fiser Pike and Carbonic do I have a motion I'll make motion for approval I'll second uh motion is second I Mr Cristiano yes Mr Rebel yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries resolutions memorialized okay the next is a resolution appointing Jen beam of Leon sakian as our planning board planner eligible voters Cristiano myself Rubble fiser Pike and Carbonic I'll make motion for approval second I have a motion in a second Mr Cristiano yes Mr Rebel yes councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries resolutions memorialized okay next is a resolution appointing Sher Sparrow of CME Associates as the planning board licensed tree expert eligible eligible voters Cristiano myself Rebel fiser Pike and Carbonic I'll make motion for approval I'll second have a motion in a second Mr Cristiano yes Mr reel yes councilwoman fiser yes Miss Pike yes Mr carb yes and chairman huster yes motion carries resolutions memorialized okay the next is the resolution granting minor subdivision with ancillary variants and design waiver relief for case number SD 3012 391 Oak Glen LLC eligible voters Cristiano myself and Pike do I have a motion I'll make a motion thank you I'll second thank you I have a motion in a second second Mr Cristiano yes Miss Pike yes and chairman huster yes motion carries resolutions memorialized okay the last is resolution granting submission waivers for case number sp117 Dr Horton Incorporated also known as how Ridge eligible voters Cristiano myself legio uh Pike and that is it do I have a motion moio second I have a motion in a second Mr Cristiano yes Mr leio yes Miss Pike yes and chairman huster yes motion carries resolutions memorialized thank you thank you uh no submission waivers correct no submission waivers on to Applications all right first is case number sp111 kets Inc for preliminary and final major site plan with ancillary variance and design waiver relief good evening salvator alfery on behalf of the applicant good evening um before we begin I need to make sure we have enough members to act on the application we were here in December and I in looking at the agenda I only see three of the people listed anyone listen to the tape Mr leio Mr Rebel and Mr carb certified perfect thank you we're ready to go all right um if for those obviously for those Bo members who were here or who listen to the tape we did get started at the last meeting Mr pasaka provided testimony um and we got hung up on a uh the status of the trees that are on the border of the property that is adjacent to what we perceive to be a residential use uh we have submitted a revised plan and I believe we've now addressed the concerns of of Shar and Jennifer um we'll hear from them I'm sure at some point but um we also realized that the property that is residential adjacent to us is is a is a is a boarded up abandoned home it's in a commercial zone so we're not sure if it really is residential but I think we've addressed everything to the satisfaction the professionals so that's really not relevant um Mr pasaka is away so we have Mr Harari from his office here who would provide testimony so after he sworn in we will have to qualify him he do you swear or affirm the testimony you're about to provide this board is the truth the whole truth and nothing but the truth I do please State and spell your name for the record sure name is Bashar Harari that's h a l a r i I work with Concept engineering since 1989 I obtained my professional engineer license in 1994 and since then I have presented in front of a numerous Planning and Zoning Board in middle section and mammad County okay we'll accept your credentials thank you very much and then and just as a reminder um we we are on State Highway Route 3 3 we have a NJ doot access permit already which he had submitted uh previously in support of our application um and we also Mr pconus testified previously that we would agree as condition of approval to address all of the technical comments contained within the board professional reports we have received an updated report from Laura and we're okay with all of her comments as well um so I'm going to have Mr Harari would you first describe for the board what plan revisions were made since our last testimony I think uh when uh John mentioned that after previous meeting the key issue that was uh left to be resolved was visiting a site with Sher SPO to look at the existing wooded area that is along front of the property as well as on easterly property line to see what existing wooded area that is worth preserving and uh identify those areas uh John mat with her subsequently I think we have another exhibit uh there's a new exhibit which shows those areas in green [Applause] um so basically we identified three areas the front right hand corner of the property you will see on the next exhibit is all green okay right that that that will also help but there's another colored one if you can get the it's probably exhibit a exhibit B something like that you know what I probably didn't put it on there no okay that's fine this one we can zoom in in the front part of the yeah all right we just this one is not pre-marked so we're going to mark this as a30 a26 was it was put in but I never updated that and just what what should the title of this be What's the title of that is a landscaping plan landscape plan landscape plan okay go ahead Okay so work could you zoom in a little I can't I just I may have found oh yeah I no that that's not good one that's not the one a and then you have B no go to distrib yeah that that that plan also identifies the three areas if we which way which way do you want me to go to the previous one the because this is this is very clearly identifies those three areas in the front right it's right here too yeah yeah perfect that's great thanks Laura so if you can see on this little dark shaded gray areas those are are the three areas that are identified where there is uh significant trees that Sher pointed out that we should save the area on the E east side is going to be saved in an entirety as is marked the area that is on the west Westerly property line and West is to the right West is to the right yes West is to the right so the right side that area is going to be preserved the area that you see in the middle that area we have identified and what Sher and we have discussed is that is located in the front of our proposed Development Area so during construction we will provide the necessary fencing and everything and review that again with Sherry in a in a field because see during the construction what can be really preserved looking at a root system of the trees and see whether our construction will impact any of those trees in the front but the idea of this plan is to identify the area that we we really need to preserve and protect provide protective fencing so during the construction none of that area can get impacted and this is a conditional use and one of the issues that we had last meeting was that if we if we weren't able to provide the buffer on the Eastern side then we would be at the wrong board but we've now addressed that and we now comply with the buffer standard is that correct yes you say yes yes yes I say shaking his head yes and um as Mr pakka already testified we address all the other conditional use standards so that was the only one in question correct correct correct yes okay um in addition we did discuss um a a neighbor a neighbor appeared at the last meeting who is to the East and Mr Ponka did meet with those NE two neighbors actually he met with and they had requested a fence along the property line um can you describe for the board what yes so and I don't think they're here but we agreed that we would tell the board what their request was so the the property line on the left side as you can see of the first Corner portion of the property which is commercial that is abandoned house right behind it there is a two houses and you can see on that area on on the left hand side right there so John met with both of those homeowners and uh they wanted 8 ft High actually the plan already proposes 8 ft High fence but they preferred instead of a board onboard fence they preferred a chain link with an IV an artificial IV uh um like through the through the mesh so it looks like an green it looks like a green natural vegetative uh wall kind of thing they prefer that type of a fencing rather than board onboard fence because they think B on Bo fence over the time deteriorates and it's difficult to maintain while while this can have a longer life so we we have no preference we just said that we would present it to the board and we would defer to the board and the board professionals as to what they thought was the best fence for that area we were proposing board on board uh but again we defer to the board and its professionals on that point is that on top of the burm no no that goes right on the property line so the burm is on our side of the property got it and burm starts at a minimum 6 ft High which is like in a front portion of other side by the time it gets near those two houses the burm is almost 8 ft High because what we did is we went up from our property and then went down their properties are much lower so from their side the burm is almost 8 ft high on those two houses we also talked about another thing the homeowners felt that fence alone may not address their concern they suggested we plant uh Evergreen aror VES along their property line and they were okay and actually willing to put those trees on their property and they will maintain it so we will install it so we'll put Arbor whes at 6 7 ft on a center about 30 plus trees we were to plant in front of the fence on their side of the property so this was the two request they made we want to present that to the board and we are uh accepting both of those conditions so to whatever the board members thinks we should do um and then I know John went into uh testimony about operations and everything before we got tied up with the Landscaping issue um but you heard me say at the beginning of the of the presentation that we do have an njd do permit from for the state um access point is that correct yes we have and you also heard me stipulate that we would address all of the technical comments contained within the board professional reports yes we we have gone through the reports and we'll address all of those concerns and in revised plans um and other I mean that really concludes our presentation we could summarize if the board wants to hear a little more about the application we can go back and just cover some of the stuff we did I I mean I would like to hear um from from Laura Christine and Sher about um if they have any comments or that's concerns so Mr chairman um you know this is our fifth review so the applicants engineer has really gone back and forth and attempted to address all of our comments so with their agreement to comply with our technical comments and based upon the prior testimony I don't have um anything additional I do want to just note the waivers that were previously put on there was a lighting waiver uh the driveway being 30 ft in width which in some instances we promote and others we say the 24 ft on I'm in favor of the 30 foot aisle um given this type of application the next has to do with the waiver to contribute to the uh tree replacement fund uh there's approximately I think a a deficit which puts them to have the waiver um and then the final item had to deal with public sidewalk being provided along Route 33 and should the board act favorably upon that they would contribute into the uh Township sidewalk fund uh the only other thing I would want to note is just where the board how the board feels about the fencing um and the trees I obviously have no issue with the trees being placed in front of the fence with the representation I think it was approximately 30 trees um and the fence with the ivy I mean we can certainly hear from Sherry I'm not sure from a maintenance perspective that we would recommend that but this would be a private fence and if that was the preference of the neighbors I would certainly defer to the board it I think kind of really just to um reiterate a lot of laur's comments you know they've uh gone back and forth and addressed a lot of our concerns previously um we would recommend uh a board on board fence over the chain link fence with Ivy but certainly you know if the neighbors would prefer the chain link fence I think um that's their preference Laura was the the issue with the back of the lot where they're going to have their storage with their trucks with the it was supposed to be blue stone and then you guys want that solid concrete that was all that's all addressed well we we would like to talk about that but but we'll let let them finish and then we'll do that um I mean pretty much what everyone else said you know if the residents want that kind of fence I mean personally I would recommend a black chain Li fence and then if you're planting on either side you see plants rather than fake green plastic stuff um you know so that's what I would want but um if if they want that other request that's fine um for the what you said you um told the residents you'd add is that going to be um 10 green Giants on each lot like how did you make us I think both both lots are about 100 ft WI so we figured if you plant about 7 ft on Center on each each uh plot you probably get about 15 16 trees and that would be a PRI private agreement between us and the adjacent property owner so that's not going to come off the replacement requirement no it doesn't count towards on-site trees okay okay all right that's fine unless you want it to count not not we are planting them I mean um does anybody else have any questions to this point I have a question it's about the burm is it a would you call that a natural burm is it dirt is it uh soil what what what brings it up that high it is a minimum requirement from the board is 6 ft high so as I said near the building in a front part of the site is a 6 ft high and then as you go in the back the property drops down but the burm continues to it stay as the same elevation but it's constructed with soil oh yes it's construct soil and plantings on the top yes the Landscaping plan that you have over there shows that planting that you see on the left side of that parking lot that is all on the top of the BM on a side of the BM and the top of the BM that's what that planting is okay yes uh does it get washed away during bad storms or how how does the burm work then no with the basically you have to build this as a stable burm so you can you cannot do more than 3 to one slope so that is what the burn will be built with and actually the vegetation on top kind of holds the soil much better so it doesn't let it move and this pretty common I'm pretty sure you may have seen many places thank you yes anything else all right we'd like to discuss the the the concrete versus what we're going to propose as an alternative is about a six figure dollar difference so that's the reason why so bosar can you suggest and it's only in an area where the equipment will be stored not the entire par correct so if you see this uh rendering you're looking at it uh the the property to the the parking lot that's on the right hand side uh Edge and then there is some parking all the way in the back so there only two areas that we are talking about uh Paving instead of concrete because the client looked at the cost of a concrete and concrete will crack which be hard to repairs and he felt that instead of that if we have a Paving and we did provide a detail on the plan of a heavy duty payment which is a 4 in of uh DGA and then we have 5 in of base course and a 2 in of top so it's a heavy duty payment specs we provided and he felt that that would be better for him to provide than to do a concrete and I think there was an application couple years ago was a so our on our plans there is a detail for the heavy duty payment are the board professionals okay with that cuz I know Jen had issue with the um the asphalt versus the concrete not to speak for just yeah I mean I think her issue mainly was too she didn't want to speak rvel right she wanted a per uh impervious surface there and she had expressed a preference to concrete I will tell you I I don't have um I can support asphalt being there as well um it's going to provide a same seal the concern is it is there being a leak and the leak seeking uh seeping into the ground so I definitely share that concern as it relates to uh gravel um but I think if it's assful and it's appropriately essentially kept for lack of a better term I don't have a strong issue um I would also note it's not like our ordinance doesn't specify so given that um I I don't have an issue with the proposal as presented and I would agree I think the issue is um you know any type of leage so as long as it is impervious we're okay with it thank you I was just trying to close the loop is it asphalt or is it DGA no no basically it's a whole pavement surface just like you see in the roads or the highway like a Township Road looks like an asphalt yeah it's an asphalt but but I I describe the whole thickness of what we going to build underneath so you get an idea of you know this very strong and sturdy product that we going to build there point on the plan it was proposed as gravel got right okay cool and what's the rest of the storage area used for so you're just putting that in those areas within the red um dotted lines so the rest is gravel so I know you said you're going to be storing trucks back there and pipe uh for the um directional drilling what's what else is going to be for that other large area that's still Stone going to be stored there some of that area is obviously used for maneuvering vehicle right because when we going into parking and that area there is center aisle and then two raid outlined area that you see on that map are the two outside storage areas where there is a material storage no equipment just there is no equipment stored there yes just for maneuverability yeah like excess material left over or early delivery they get [Applause] sometime the rest of the thing is BL kind of it's not it's not blue stone for say it's like an he was describing the entire profile sub and everything the entire profile for the two red areas is base plus the asphalt the red D asphalt the red this plan doesn't show it but there is a parking area that you see the square R box up on the top yes on the left side of that if you see there's a parking spaces and then right underneath it there is a parking spaces along the right hand side of that parking lot it's uh you can see that you know there is like a diagram of a trailer vehicles I I don't think that's his question the question is in these dashed areas if you could see my cursor this dashed area and this dashed area that's Stone that's the stone areas that's just the two Stone areas the entire parking lot is Stone except for this area that we described that would be paved that is the area that is where the vehicle going to going to be pared see the issue I have with that is we're not going to be there 247 you're saying those vehicles are going to be parked in in those areas but if they're not and the some of the vehicles leak it's on it goes onto the stone right or and you just in I mean s is there any reason why we can't just pave those two areas if we if we make the concession to not have concrete yes so I that would be my recommendation have the so the whole area will be paid the whole parking lot's paid correct yes perfect all right wouldn't that just be easier yes we said yes we're good thank you sir we're not trying to make it difficult we're just and they're fine well wait let's bring my let's bring Mr kts up on that one because um I it's his money can we can we um have him sworn in you swear or affirm the testimony you're about to provide this board is the truth the whole truth and nothing but the truth please State and spell your name for the record my name is Kevin K just get a little closer to the mic sir my name is Kevin ktz and Kevin you're the uh principal of the company that's the applicant correct I am and your company's under contract to buy this property assuming you get all your approvals correct all right so why don't you just explain to the board what your vision of how this rear parking lot is supposed to be constructed and what it's being used for um so that we all understand and then we can answer their question the way it the way it's sh on the drawings is pretty accurate the areas that are marked out in red is mostly for material storage and what type what type of material materials for us are being pipes mostly we we are a utility contractor we install pipes under highways so we have an we have pipe leftover pipe from jobs and material that comes in that's stored uh the the parking spaces that are shown in the yellow are the areas that we propose to pave we don't have a problem with the back right hand corner to back right west side corner if we want to continue the paving all around the whole back side of the property and along the entire west side of the property I I think that that would be sufficient Paving the entire area is a huge amount of Paving hundreds of tons the big area I guess then is there a way Kevin and without redesigning it but where we can have the limit because to Mr Leo's point is if we just have this red area as saying as gravel right gravel there's no way like how do we keep it contained then because the gravel is going to end up on your asphalt or how do we keep the vehicles is there a way for you to just have whether that rectangular AR area rotates and I'm rotating it and no one's looking at what I'm saying like over here so that there's a clearly defined gravel area versus pavement so that this way we know exactly where the vehicles will be versus the storage if if we carry an ashva line from the from the east corner of the property to the West all the way across the whole back and then the West the west side of the property from the back corner all the way up to the front that would only be used for equipment or truck parking right so is that about half the width half the roughly 50 ft 50t deep from the 50 feet deep from the edge of the property okay so you're proposing for the board to consider 50 feet from the West property line in to be paved as Mr arari described and then the entire rear strip being paved correct um parallel to that rectangular box east to west so essentially like an L including that including that red rectangular box I believe that box shows material and equipment storage I was always under the impression that was going to be maadam or okay so about how uh wide will the east to west strip be well whatever the width is of that of that usable space okay so it's the entire thing minus the L so to simplify it just go right across the whole back right like right here can you look up on the screen and see might you can you see my cursor yes so you're saying like this way right yes yeah and then 50 feet in from the West Point correct correct and that goes right out to the right out to the road the pavement yes the pavement the parking area so just so board's clear access to the site um all this area is fully paved that's fully paved that is correct so we're we're literally just talking about this L area and as long as it's defined in such a way I think then there is a distinction between the areas yeah because you got the retention Pond right behind that you know so correct if if we had Lee you know leeching we don't want to contaminate the P you know the retention Pond I I thought it was a swimming pool I'm sorry and we could um assuming the board with a grant this approval we would prepare and exhibit consistent with what we just described so you have on record what we've discussed is there a fence around the retention P yes we have one on the plan we have a fence that on listen that's better Laura that's better than than you know I'm not trying to cost you more money Mr commence I'm just uh we're just concerned we've you know we've had applicants come up here and say yeah sure yeah no problem and then once you get granted it never gets done so um I think it makes it more practical yeah it just make you know especially plowing right you're going to come in you're on asphalt and then if you're going to come straight down the parking lot you'll be able to stay on the asphalt correct right to the back right right to the back line cuz you're not plowing on top of stone we don't plow Stone yeah unless you want to make a mess so and we and we still need guidance on the fence too if you want like Sher suggested a black um chain I mean what's what's the board's feeling I mean I don't care obviously I I'm going to side with Sherry on this um but if you know you guys once those trees grow in these neighbors are the fence is a Wast I would recommend chain link yeah I think the chain link makes sense because once the Tre growing you're not to see it it's kind of a happy medium that's fine we're good with that we just agreed we present their position we appr just make sure in your agreement with those neighbors that you're not responsible for water trust me we know you're going to put in you know a bunch of trees plant them and then it's up to them that's on you know just saying anything else ladies and gentlemen and just just to be clear if if for some reason one of the neighbors changed their mind and they don't want us to install the plants we don't want that as a condition of approval if they agree we're doing it if they change their mind y we're good everybody um yeah I guess at this time uh I'll open it to the public with any questions or comments on the application thanks Kevin seeing none close the public portion I just have one question Mr alfier the last statement that you made I just want to make sure we capture this in the resolution correctly you're you are stipulating that you're offering to plant the trees but ultimately that's going to be a decision that's going to be you know accepted by those Property Owners prop owners correct okay any closing statements no um I think we now finally addressed all the concerns that the board professionals had um um most importantly and we' request that the board Grant the approval great all right let the record state that at 7:44 Mr tan house decides to come on in all right um with that being said I will entertain a motion for case number sp111 commits Incorporated I will make motion for approval sp111 Mr Chris IO with the motion I'll second Mr leio with the second have a motion in a second Mr Cristiano yes Mr leio yes Mr Rebel yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries applications approved thank you than you thank you very much have a good night [Applause] oh okay uh the next and final application for this evening is case number sp117 Dr Horton Inc nj- how Ridge this is for preliminary and final major site plan and preliminary and final major subdivision with ancillary variance and design waiver relief thanks uh yeah councelor chairman John junko J Downer how cees SL hearing on behalf of the applicant the applicant here is uh DR Horton and they are a contract purchaser of this property this property has been reviewed by the township it is part of the affordable housing plan and uh ordinances have been developed to uh uh to uh accommodate this development and our application uh generally complies with them this application is uh located it has really two Parcels if you will one called the North Parcel and the second is the South parcel surprisingly the North Parcel is on the north side of Casino Drive it's around 17 Acres it uh has substantial Wetlands it's not proposed for development of the site it is part of the calculation of the overall Site Area and is proposed for dedication to how Township the southern side is where the property is proposing to develop that's approximately 236 acres and on that parel on that property they're proposed a total of 458 uh residential units with a 30% set aside for affordable units or 138 of those are affordable this was also the result of a uh uh of the Mount Laurel for decision and the Howell Township uh uh compliance plan that was submitted to and approved by the court and uh in order to get to that point the applicant and the township Consultants all work together to develop the design this is a uh a inclusionary development the township planners and uh governing body determined it was a a suitable location for an inclusionary development and that it is a suitable opportunity for affordable subsequent to those decisions the board the the township did adopt ordinances to permit this development the application is substantially in compliance with the uh ordinance you'll see that we're requesting some waivers for relatively in uh innocuous elements of it because quite frankly uh not everybody could have thought of everything like some of these which are pretty interesting in any event the application does seek show several different housing types in the first there will be 139 market rate single family homes second will be 81 market rate tow houses there will be 80 affordable multifamily stacked uh dwellings and 58 affordable apartments there's open space a Recreation Area a water tower is proposed for this project and uh our civil engineer has been working with New Jersey American on that and we'll be able to report to you that this water tower is not only to serve this project but to increase the over all water pressure in the township which New Jersey American thought was a uh an issue and uh it's also one of the highest points in how Township so that made it a attractive and desirable for the water company too um roadways Landscaping storm water management all part of the application and uh there are several subdivisions proposed because each of these housing types some are located as communities and developed in that in that section there'll be one lot for the proposed Apartments a lot for the Stacked affordable tow houses and then the larger lot for the uh market rate houses uh single family and um Town Homes the um that the the second the first subdivision is for the affordable apartments the second subdivision is the large one which has 320 market rate units in it and that has 139 single family homes and 181 town houses that I referred to a little earlier there's further two major site plans with in that application one is for the 58 affordable apartments which you'll see are at the northern uh Northern side of the site towards uh Casino Drive and uh the second is the uh stacked tow houses which are at the southern end near West Farms Road those are the significant affordable component of the project um the compon the affordable component as I mentioned is 138 units which in fact complies with the ordinance requirement and with the basically with the agreement between the applicant and the township with regard to the provision of affordable housing so our application does seek preliminary and final major subdivision approval and preliminary and final major site plan approval and of course we have also pending applications before the uh njde Soil Conservation District MMO County planning board and even though it doesn't really need an application because they're building a new water tower there's also application pending for the public water and uh connection through the sewer system from how Township and uh into the U manisan River Regional sewer system ultimately to be processed in Ocean County and the application does seek five design waivers or application or applicant witnesses will go through it but basically there's a uh issue of light intensity on some of the foot candle measurements It's relatively insignificant and I think you've run into that quite a bit the way the ordinance is written but nonetheless that is a a minor deviation the application also seeks a modification from the curb ramp spacing ordinance which requires curbs and ramping every 65 ft which uh in the parking lot areas but uh I don't think we we ask for that waiver because it isn't really consistent with a residential parking lot and Leanne can explain that detail in order to uh we there are seeking a waiver to provide for some portions of the parking areas to be PL made in Porous asphalt pavement which is a methodology to create infiltration under storm water management rules and porest pavement is uh approved and accepted through the U njdot um we're also working looking for a p partial waiver for sidewalk Frontage of West Farms Road uh even though it's it is required by ordinance on one side of the streets our application only affects one side but that side happens to have very significant impacts from uh uh freshwater wetlands and grade and slope again details will'll present in the testimony and finally uh our uh application complies with the residential site Improvement standards for parking space size uh length and width 90 degree parking and also for 18t parking stalls with 24 ft Drive aisles all in compliance with the rsis and um at somewhat at variant not at variance but at waiver from your ordinance there is a request for a uh bulk C variants our application seeks two uh 12 foot long by 3 foot high uh the identification signs one at casino one at West Farms the ordinance would permit only a 10t wide s a 10t size sign these are uh uh larger 12 by3 36 ft but they're all low and profiled and in a landscaped scenario um that's each uh th that's there we have received environmental review letters fire Bureau safety farmer advisory report shade tree review and uh that's pretty much what I can tell you in general but you probably heard all that already so we have several witnesses this evening our engineer is Leanne Hoffman from hammerland engineering and um we have uh Scott Kennel uh our traffic consultant from uh uh mcdor Ray Associates um the architect is Robert reazon but he is not available for this evening's meeting and uh we have environmental consultant is Amy Jones at the Boyce and Associates environmental and our planner is Christine koner Kone Consulting Group we uh are prepared to begin the presentation as soon as you're ready with that then I would like to call um Leanne Hoffman our engineer Mr chairman do you want me to stay here or should I sit at the table uh either wherever you're comfortable there's a microphone at the table John I'm sorry there's a microphone at the table yes I was going to sit next to lean and uh if needed we'll jump back up to help everybody swear or affirm the testimony you're about to provide this board is the truth the hold truth and nothing but the truth yes I do please State and spell your name for the record sure Leanne R Hoffman H FF M Ann I'm going to offer the L man Lan Leanne is an expert in the field of civil engineering Leanne would you present your credentials to this board sure um good evening um I'm a licensed professional engineer professional planner and certified Municipal engineer in the state of New Jersey I graduated Ruckers College engineering in 1987 I received my lure in 1992 I've been practicing civil engineering for 30 plus years I have testified as far north as Midland Park as far south as Wildwood Wildwood Crest and Egg Harbor Township I have served as zoning board engineer in East Brunswick I have served as planning board engineer in barnegate Township I was the director of engineering and planning in Neptune Township for 14 years um I am currently working in private development for hammerland engineering um I previously worked for shortama for 11 years I think you're great all right I me if you want okay I so Leanne did you or others under your direction prepare all the exhibits and plans submitted to the board yes so can you start can I you want me to go first why don't you uh tell the story about how we got to this point okay excuse me I'm just going to get get my um abbreviated plan set out in case there's any questions I'm looking at the exhibit so the exhibit on the board um tonight shows the southern parcel which is the subject of the development um for Dr Horton for as John previously said the 458 unit development in compliance with the ml14 Zone the total application consists of the parcel to the north of Casino Drive which is 16.9 Acres block 143 Lots 6 and 6.01 um that backs up to the Manasquan River it has an FHA approval on it and it has a Wetlands Loi approval on it that parcel as John stated is going to be dedicated to the township of Hal as per the ml14 um ordinance the parcel um that we're mostly going to focus on tonight is block 144 as you could see the various Lots which goes from Casino drive all the way down to West Farms Road um the design of the parcel as under my direction is rsis compliant and njde storm water compliant the parcel has been developed in conjunction um with the professionals multiple meetings and discussions with both CME and lyan sakian out of the 236 Acres on the southern parcel we are preserving 145 Acres or 62% of the development and if you go back to the rendering for a second um one of the reasons for that um was the strict compliance with the environmental um regulations and also the steep slope ordinance that you have in how Township um as outlined also in the ml14 so it's not a typical everyday ploted subdivision with roads at 90° um this is a very interesting and unique development where when you drive through here you know it will not only serve to be um a traffic calming measure but it also serves to be a more aesthetically pleasing development as John already stated um and as required in the ml14 we have met the requirement of the 138 um affordable units starting on Casino Drive there is a boulevard proposed coming in off Casino Drive when you enter there there would be 58 affordable um three-story apartment units at the end of the compliant parking lot by those units is a separate Recreation uh playground area as you go further into the development those units shown in red on the screen are um market rate tow houses so you can see nothing's really segregated the development Works um in and amongst itself everyone is one Community other than the line that would be the sub subdivision for the apartments the red units shown on the rendering are the market rate tow houses two car garages when you go um from north to south on the main spine Road wh aray and then you would make a right um there's another uh Recreation Area uh within the townhouse community and the last Recreation Area is all the way to the South um as you go out to West Farms Road in these stacked units there's a large uh circular area thank you in the middle um which is the third Recreation Area those Recreation areas as per your ordinance we need to have 10 square fet per market rate unit which would equate to 3,200 square ft of recreation area we have 5,025 square ft not including um the sidewalks that go throughout the entire development and the green space that's being preserved hold on I lost my I lost my spot hold on a sec okay just uh for the board's information both the North and the South site have already been to the D for um Lois for the wetlands they are valid for the next four years they were received last year the north site um across Casino Drive also has a flood Hazard area of elevation 68 all the wetlands buffers have uh 50 ft as determined by the D the development site which we're focusing on tonight has 823 ft of Frontage along Casino Drive and 600 ft of Frontage on West Farms Road both of those roads as you know um West Farms Road and Casino Drive are under local jurisdiction the site is surrounded mostly by the A2 Zone based on the H Township 20 uh 2022 zoning map um there's a small portion to the Southwest which is the R2 Zone which permits um single family as you know the ar2 Zone permits residential agricultural Community Municipal public uses and multi-generational family accommodations uh I got all that you went over um the unit mix the zoning each section is there going to be an HOA like yes and the um the developer can can speak to that but yes so when we subdivide off the apartments they'll be in HOA when we subdivide off the uh stacked affordable they'll be in HOA and then all the market rate the 320 town houses and houses single family houses will have an HOA so the the township of how our Public Works is going to be responsible for what part of this so the proposal here tonight and I don't know if this is uh the planning board jurisdiction or Council jurisdiction is that the main spine Road wher way would be a public road all the rest would be private yeah yeah so the township is only on the hook for the P coming through that's the proposal okay now I lost my spot again hold when you say on the hook though understand that actual Manpower of Maintenance but there is a law called The Kelly act that does require some Financial contribution from the town to homeowners associations for things like Street lighting and and stuff like that so there's probably some obligation on part of the town well I just mean Mr coer for for like snow plowing and uh yeah yeah you know I'm not talking about cutting the grass or stuff like that but okay you guys are well I think what uh What uh Mr cerio was trying to say is that the cost of Maintenance are borne by the township for the snow removal and uh any emergencies created by weather or tree falls and so forth but uh that is of course the function of the taxation that goes on to pay pay for that so uh on the on the hook yes but the applic each of the property owners will pay their Fair proportionate share of taxes just like everybody else I I also wanted to note um for the record The ml14 Zone allows for 20% building coverage and this proposal is at 6.14% so that kind of goes hand inand with the amount of preservation that we did on the large portion of the land in addition the impervious coverage allowed in this zone is 40% and we're at 16.8% so um also to highlight for the board the lot size for the single family lots the minimum lot size is 6,000 square ft this proposal doesn't have any single family lots that are under 7,100 square ft so when people move in there's always the concern of what they're going to add or what they're going to do and a lot of these single family homes also open up to uh greenspace you know a lot of times you have your neighbor backed up to you or next to you but um we were able to propose lot sizes that are almost 20% larger than what's required by the ordinance in addition the townhouse strings the ordinance is pretty specific about the length of the buildings and the number of units per building um they all comply there are two points of access um as required by rsis both points of access off of West Farms Road and Casino Drive are both Boulevard type access um both of those individual lanes are 20 ft wide as required for OEM purposes we have provided a circulation plan to the Consultants um there's a couple comments on them which we can comply with all the interior roads are 28 ft wide with sidewalks on both sides except for a whale away um which seems to be the main thorough through the development and that road is 30 ft wide um there was a question about parking So the plan is parking compliant each section is parking compliant um as you're aware for the multif family the site plans the apartments we have to also provide EV spaces at 15% of the required parking so the parking um requires 115 spaces and eight of the 115 we would need 18 EV spaces we are providing um in the apartment section 149 spaces which includes 22 EV spaces so we're not only exceeding the parking requirement which there's always a concern about guests and additional cars we're also exceeding the EV space requirement for the multif family at the southern section um near West Farms Road we have a total of 169 spaces with 25 EV spaces um the requirement in that area is 164 spaces and 25 EV spaces just to one distinguishment on the Northern end the multif family are Apartments yes on the southern end they're stacked tow houses they're multif family stacked multif family stack town houses no town houses um the Landscaping package we have also met um with Sherry in the field and we've we've had discussions with her just to give the board an idea we're not only preserving the 145 Acres but we're proposing 632 deciduous trees 278 evergreen trees 179 ornamentals 1224 deciu shrubs shrubs excuse me 100, 145 evergreen shrubs various gr ground cover Etc um we did meet with Sherry with respect to the buffers that was a question um there's a 50ft perimeter buffer as required um and there would be selective clear scaring as you could see all the Green Space to get the roads in and the site in um what Sher suggested and what we did was we put together and it's shown on the landscape plan we put together um a cluster of plants so if she comes out to the field I think the landscape plant is like sheet 82 or something sheet what try 80s Laura in the 80s somewhere 84 885 I I lose track the pl Sheet's like 10 yeah it's some on there but so the the intent of the um of the cluster plan for the buffer it might have been right there it might have been back one is that when we go and do clearing in the field and Sherry is out there inspecting if there's an area where we think it could use supplemental planning we already have provided a detail and she'll say okay I need so many clusters here so many clusters there so we have created a separate um table um for those amount of trees they're th that supplemental planning is not included in the amount of trees that I already spoke about so that would be in addition to the quantities that you just described yes that's correct and we're agreeing that would be within under the guidance and direction of the uh uh board's consultant yes um the lighting proposed is as per your standard it's the Cobra head lighting um it's aluminum the mounting height is 30 feet I think um I had to submit a supplemental plan there was a plan sheet missing um from the set of 145 sheets I submitted sheet 95 I think you have it it shows um some of the items that were outlined in the review letter it shows the mounting height it shows the foundation detail it shows the color um to get into the review letter one of the comments was we were a little short on the parking lot lighting um so we didn't meet the three minimum requirements so we have to add in our compliance package we have to add a couple more light poles there in order to give the proper lighting and the waiver requested had to do with the ordinance requirement says you cannot go over 05 foot candles in roads and streets and we're at 0.55 to 6 so we're a 100th higher than what's required um the utilities to briefly go over the utilities all the utilities are coming in from the north from Casino Drive there's an existing gas line there that will enter the site um there's an existing water line there so the water line is going to come into the site based on our meetings with New Jersey American Water this spot is a prime spot that they've been looking at for years um because the highest elevation here is approximately 210 ft the site goes from elevation 80 at casino drive to the high point of about 208 feet in our meetings with New Jersey American Water they um basically told us that they have a pressure issue all throughout how Township and they're looking for a site to equalize that pressure and also get additional storage so we have carved out a lot um within the site at the High Point um for a standpipe tank it will be 100 feet high and it will be 90 feet in diameter it's a 1.5 million gallon tank it will also serve as the Loop for this water system um that water tank is allowed and is a permitted use in the ml14 zone um we're happy to be able to provide them this site because it's definitely a public benefit not only for this development but um in my conversations with New Jersey American Water they say it's it's a public benefit for how the entirety of how Township because all of how Township is under the gradient of 280 which would be the height of the proposed tank lean the entire uh water tank and facility are compliant with ordinance requirements correct that's correct so the tank would be one other thing Bard are you comfortable with the you are you able to understand the the location of the tank okay I'd like to see that again by the way can you go do you can you go back to the rendering for a second I'm thanks so at the bottom left keep going left a little more right there hold on where what am I looking for so the tank the Tank's here right there yes right in the middle there so it's a there's a driveway with Selective clearing to keep the trees around there the elevation at the base of the tank is approximately 183 um that was I talked about gas and I talked about water the sanitary sewer so the sanitary sewer for this site all flows by gravity down to the lower right of the rendering if you could go all the way down toward West Farms right and there's a pump station um outside of the Stacked units that pump station will have a 3,000 foot Force man on site and then onsite it turns to gravity at a manhole from onsite it goes from a gravity manhole North [Music] on site it goes from a gravity manhole North to Casino Drive when it hits Casino Drive it will also run by gravity to the east to Havens Bridge Road lemon and Havens Bridge Road it will make a left and it will tie into a manhole outside the cartway right outside of Mera um we've already went over that with Mera we have our wqmp at the D slowly moving through and at the county um so that would um basically handle the sanitary sewer issue lean I I don't want to cut you off one thing I want to note for the board though locally you only have preliminary sewer and I just want to note as this is designed I just want a comment on the record that you understand our Road opening ordinance and the restoration that would be required for the installation of the off-site sanitary sewer full Road width correct correct thank you yes right so that would be full Road restoration on casino and then as you turn down Haven Bridge correct Laura is that what we're yes okay and then when the sanitary sewer go when wher way hits Casino Drive on the North there's approximately 2,200 ft of gravity line that I was just talking about that ends up at the manhole off the cartway right outside of mercer the storm water management this application um not only is here before how Township but it's also at the D um for a flood Hazard application basically um the storm water management for this site as per the local ordinance and as per D regulations um has been designed in accordance with the best management practices manual there are 14 large scale basins and there are 33 small scale basins um of the small scale basins four of them are the biyer retention basins or part of the new green infrastructure so there's smaller water quality basins that are also planted um that help filter out the water um and make it cleaner before it goes back into the ground of those 33 basins there's 29 that are just recharge basins so again in accordance with the bmps and the water quality the whole new intent is to get these storm water back into the groundwater so those smaller basins those 33 smaller basins that's the purpose they serve um and then what happens is they go to one of the large scale basins so right now um we've worked with with lore's office um there's some technical comments still in the last review letter that we can comply with um but just to highlight for the board if you could just move the rendering up one more time uh I'm sorry up like toward West Farms Road so we could see West Farms and then a little to the left thanks um that green area off of West Farms Road the DP has given us a 300t reparan buffer so the secondary Access of West Farms Road which is required by rsis um we need a flood Hazard permit for that because the new road goes through that 300 foot reparan buffer as you can see though on the rendering all the green trees to the left of the new entrance that is currently a single family home a pool a shed so all that development um was current Curr in the repairing area so we're restoring more area than we're disturbing with the new road you're going to remove all that right so that single family home the shed the pool the driveway is all coming out and that whole area is going to be um restored and planted as per the D planting to allow the natural um repairing area to come back and our road disturbance will be less than what um is currently there now what what is that what is what is that blood Hazard yeah does that mean that that at some point the water may come up over the road or you building up the road so it's out of this flood Hazard what's do that what does that mean no it's just it's a designated buffer that they put on um any there's at the where West Farms Road intersects the new wher way there's a small um wetlands area it's not shown on here to the right so they put a 300t buffer on any water tributary that goes to the Manasquan res Reservoir gotcha so it doesn't have to do there are no flood elevation there are no um flood elevation areas with this Southern site the we went to the D for both the Southern and the northern site and the designation was only given to the northern site I think in the beginning I said elevation 68 was there flood Hazard area a flood Hazard Zone there are no flood zones associated with this Southern site thank you uhuh um signage there's two Monument signs proposed uh for this development um just just to clarify when we're talking because I know that there's a uh a variance required for the signs and Jen I think it might have been in your letter our detail really shows 12 feet by 5 feet I just want to make sure that if we have to ask for Relief you said 12 by3 I had said 12 by3 too yes so the it it depends on how you're measuring it but the 3T is like the height from the bottom of the brick to the top of the Sun that counts whole thing right so it's 12 by 5 just just to be clear so um the ordinance only allows a four square foot sign our sign is 10 feedback in compliance with the setbacks but Casino Drive is a marked 40 m per hour road so a very small 4 foot square foot sign isn't really going to identify this site and there's obviously 458 units here so you want people to know how to get here um we are asking for a 12T by 5 foot sign as per the detail that's shown and I think that's appropriate based on the speed of the road and also because the site has a limited amount of Frontage on both casino and West Farms and doesn't open up until you get in it um that type of site identific identification sign would be warranted here um also I forgot to mention just so the board um knows in addition to the green infrastructure with the small scale Basin and the infiltration basin um we are doing porest Pavement in the parking um stalls only um and that also is a green infrastructure encouraged by the bmps we're doing it only in the parking spaces for the multi family stacked and parking spaces in the apartments just to give a status of the approvals we have received uh preliminary approval from the mammoth County planning board free o soils we submitted excuse me and we received comments back um we have to submit back to them excuse me the wqmp is in process it has We Believe moved through the DP and now in the county for review we did submit to how township utilities in October of uh 23 we have not yet received comments back we have a flood Hazard verification um that's good until 2026 with a 50 foot repairing Zone on the North Parcel and we have the same on the south parcel with no verification no flood Hazard area we have a Wetlands Loi on both Parcels um all the wetlands identified on the site received a 50 foot intermediate Wetlands buffer and that application is good until 2027 and the West Farms Road as I just discussed FHA application uh was made earlier this week Ian I'd like to just go back for a second and talk about the the waivers the first one you mentioned uh was the average light intensity ordinance section 18-22 could you just give the board a little bit of details and then explain your analysis that would uh that determines that to be a reasonable request which is the applicable standard for a uh sure so I think um the average light intensity Allowed by your ordinance is not to exceed 05 foot candles um on streets and roadways and our average is is um I think I might have stated earlier 0.55 to 6 um I think in this type of development where it's not a straight platted subdivision and the roads are somewhat secur this you know and you have preserved areas and trees around them I think that that's more than appropriate it's a DI Minimus it's 0.005 to 0.1 um and I would um definitely recommend that then you would find that to be reasonable given the context of the ordinance and the requirements of the site yes okay the second one I'd like you to address the ordinance section 18816 c requiring curving to be no less frequent than one ramp every 65 ft so could you explain to the board what a ramp is and what that would be applicable for ramps would be access for pedestrians and or ADA Compliant we designed the site to be compliant um with the rsis so I'm not sure if that uh waiver is really required um it seems also more like for large parking lots am I uh Mr chairman members of the board I would concur that it would I would agree with the rsis rsis doesn't speak to the number of curb ramps that are required um and since this is a residential Community I would defer to that standard Le you next you mentioned the the porest pavement um ordinance section 18816 F2 does not permit porest asphal how ever could you just just give the board a little bit of background as to the implementation of the use support pavement and by the U DCA and the uh uh NJ do and uh our own findings when we research the uh applicability of it so the so rsis or the DCA and the D best management practices manual not only um requires green infrastructure it also requires that you meet your recharge Within your drainage area so this site has 15 different drainage areas and every time you break down the drainage area you have to recharge a certain percentage back to the groundwater and one of the ways to do that again is porest pavement it's not only a green infrastructure but it also helps with recharge as I stated you can get recharge from your small scale basins but you only get so much so based on the new BMP manual there's multiple green infrastructure items that you have to do in order to meet your recharge and for is one of the ones that we also chose so just Mr chairman members of the board of I could oine I agree um it's actually a conflict sort of in our ordinance and I've even spoken to our Township engineer about this because we both acknowledge that for the D regulations you have to allow green infrastructure so then by saying we have to pave all the areas it's almost a direct conflict and given that it's in parking stalls we've also I've also discussed with him and that is the preference to where to put the um Forest pavement as well so um I take no exception to it and agree that it is consistent with the de regulations for green infrastructure okay no all right so uh thank you then we're also asking for a waiver for sidewalk along West Farm Road you've analyzed that with regard to the environmental conditions impact and the demand for uh U the uh Loc and the availability toh locate and sidewalk yes so we're asking for a waiver for the sidewalk along West Farms Road as the entrance to our development the new way uh wher way which goes into the I don't know if you could see it on the rendering right now but wh away which is proposed off of West Farms Road has a potential Vernal pond on the one side and a wetlands area on the left side so any additional impervious area area would also require treatment and additional storm water um which would outweigh the benefits of the minimal amount of sidewalk that we were going to put on West Farms Road so I'm going to jump in on the sidewalk I I would dispute the minimal sidewalk we've discussed this countless times on every application you got to start somewhere and so you know I don't know that I would consider this providing sidewalk at some location on West Farms which as you know has like no shoulder um how far is this from the bus stop nine it's it's a hump it is yeah it's not that it's not super close but you know at the end of the day it's up to the board to decide whether you guys want to push for the sidewalk or you want to get the money for the fund but if we keep saying oh there's no sidewalk there's no sidewalk there's never going to be sidewalks so it's I I agree I not that the argument that I'm proposing is not that there's no sidewalk to connect to the argument is if you look on site plan sheet 40 um there's Wetlands on both sides of that road and the road is critical the road is critical to the development because we need the secondary access so we're at the D now for the new road if I put the sidewalk in I'm going to eat into the quote unquote Vernal pond that's been identified by the D to the right side of the road and therefore I'm going to have to put in more mtds or some type of storm water in order to treat that impervious area I I I'm not saying that that this is not a a circumstance that warrants a war a waiver I will say that as we've seen in some of these larger developments and how the bard of Ed is going to handle picking up the kids if the Board of Ed is not going to bring busing into that site there needs to be sidewalk on West Farms Road so if let me ask what I I I think I may clarification are we talking about sidewalks on side on W Farms Road or sidewalks on your Boulevard to get out to West Farms Ro just on West Farms Road I think she's talking about West Farms Road you are providing sidewalk on Casino Drive correct yes for the portion on Casino Drive where our road comes in yes that we are providing sidewalks so it's really just on West Farms and you do have sidewalks in the boulevard towards we have sidewalks on both sides of all roads throughout the development so I mean we don't have to make the decision current like currently they're asking for the waiver I understand why they're asking for the waiver based upon the permitting I would rather have the road to be perfectly honest the access is more important to me than the minimal sidewalk for sure because there's access there and then there'll be access out onto Casino will give du dual access to the development it's just something to consider does the rsis require does it require it does it require it on West Farms yeah I don't know i' have to look up I don't know up the top of my to doubt it because if it does then you would need a DI Minimus exception from that as well I don't know that it's Mand I would have to look that up I don't know 188 being 8:30 might be a f minute break to uh look that up and take a a break that works sounds good to me the board will now take a f minute recess all right John you good behind the Mr chairman ready good to go okay lean uh you left talk for a moment on the I think you're just wrapping up for his pavement and uh the rsis uh sidewalk requirement so um there I don't believe that the rsis requires it but if um the board and the professionals prefer we would request a DI Minimus waiver from rsis to not put the sidewalk along West Farms Road there's really no room to be honest between the environmental impacts of roadway going out to West Farms and you know me I'm the one that always pushes for sidewalk y but in this particular instance I would rather have the access to the development going to ask for a contribution or provide I'm not sure if she's going to ask for a contribution thaty yeah Jen something you brought up though just kind of stuck with me here what if the buses don't go into this development you have 300 kids not 300 but you have 50 kids out there so I will say and and I don't mean to speak for the applicant I will say that we have discussed that with them a lot and in their defense they have repeatedly reached out to the Board of Ed and gotten zero response back interesting I would say it's unlikely because you know like they the the buses may not go down like the culdesac areas but there's enough Loops that I think they can navigate their way through without um you know there's there's enough loops and the spine road that goes out the casino that I do think a bus will go in there it may not go down every single culde saac because they're really not supposed to back up or you know what I mean but I do think and we did discuss this during the design process that they should have loops as much as possible to avoid that scenario I would suggest that if at a future Point there's an issue with buses going into the development that you look into maybe putting like a little like concrete pad where you can that doesn't extend into the wetlands or what have you where the kids can wait on the side of West Farm's Road just because we all know that the road has zero shoulder right and people it's very straight road people whip down it Way Beyond the speed limit but I while I do think it's something to think about they I I do know for a fact that they have reached out on a number of occasions The Bard ofed hasn't reached back and I'm not super surprised because they don't typically figure out their bus rots until they figure out how many kids how old the kids are what schools the kids are going to so I do understand that to an extent but I do think that maybe in the event that there's an issue right inside the boulevard when you get past the the environmental issues maybe look at a concrete pad at that location where they could wait off the road but if the if the bus doesn't come in they could wait there not I mean would there be a reason that the buses would say I mean I understand you're so the issue is is is that the bus won't go down a long culdesac because without a spotter they're not allowed to back up right and they don't typically go down but if you look at the design there's only a couple of culde saacs I you know what's up on the screen now there's like three I can see where the bus probably won't go down that culdesac and the kids are going to have to go to where it intersects a spine Road or a loop road um do I think they're not going to go in here probably not they are going to probably go in here I mean there's enough homes and there's enough ways to loop around yep okay but in the event that it doesn't if there's a pad location close to West Farms Road that maybe it's not in the environmental area past that Boulevard where the kids could wait in the event the buses don't come in in the unlikely event the buses don't come in there's a safe place for them to wait the bus can stop they can then go down the road or whatever I think that's a better alternative we do one we could do a pad location um near where the pump station is outside of the Stacked units and we could do another one um by the apartment and the townhouse units um on the casino side I I mean that might be a good idea because those areas are not constrained um as much and we did um thank you Jen based on some of our preliminary meetings add that connection from that short little culdesac going up the steep slope for that reason you had bought that up and we're like oh we better Loop this so we tried to minimize the short culde saxs um that the buses would have to go down yeah I'd rather have a a definitive answer on that is there any way you're not going to get a definitive answer the Board of Ed will not give an answer until they know how many kids and how old they are because how old they are dictates what bus they go on how many buses have to go in here what high school they're going to based upon freeold Regional School District you're not going to get an answer before this project is built and occupied we've asked but that dictates to me what if we me would not like a pair there rather the bus come in that would you can't control it so what I'm saying is is there's an alternative and I would say don't put it in have it there in the event they don't come in but we're not getting an answer before this application comes to fruition the Board of Ed will not opine on it because what happens if there's six kids in the whole development I mean I and they're all like one's first grade one's eighth grade three are 10th grade one's 12th grade and the 10th graders go to how high school and the 12th grader goes to freeh Hall High School they will not give you an answer until they know what they have to deal with and the project is going to take a while to build so you're not going to get an answer for a couple years so what they're saying is is that in the event unlikely event that the Board of Ed won't come in there's options for them to provide pads for the kids to wait we could show it as a future like correct and on the you know if we get to a point where there's almost like green bang parking right they have it there in the evental right well especially in this day and age where you know they cancel school the day before and there's not a flake on the ground right so exactly pretty much the start of the project to the finish of the Eon economy driven or that do you want to have just before we move on from that Jen and and Leanne or John or whoever if it's going to be banked as you say like how how does the decision get made as to whether it's going to get uh you know constructed or not in the event that the Board of Ed has made a determination that the buses will not enter this project they it will be put into place if the if the buses are coming in there's no need for those pads to be and who's going to be the responsible entity to uh have an HOA right there's be there'll be multiple HOAs but there's going to be a global HOA right an overall HOA each each of the different housing types has its own homeowners association well then what what I think is necessary then if that's going to be the condition is there needs to be something in the HOA documents that makes that future HOA because none of them are here you know aware of what that responsibility is I I think that's reasonable and uh certainly be willing to to do that okay great and provide for the uh pads if if it turns out they're needed excellent and and Mr chair I would just say that like showing the location and what have you I'm comfortable if you're comfortable with Laura and I making sure that it's in the appropriate location should the board act favorably as a resolution compliance item everybody fine with that yeah works for me good thanks John thanks John that sounds very reasonable great okay so um the other the other waiver is kind of perfunctory because this is where your ordinance conflicts with rsis in terms of uh parking space size and so yeah we just sum that up right so the the ordinance um requires 19 foot stalls and the rsis requires 18 foot stalls so R spaces are rsr compliant um and they're 9 by8 and our aisle widths are 24 ft as per the rsis and this is just in the parking areas um for the multif family stacked and for the apartments the affordable units I don't know if we actually need a waiver or if it's just an ordinance conflict I I I would um the way that we've handled it in the past is to say that there is an ordinance conflict we determine that uh the the Lesser width uh prevails however in the event you know to somehow determine that relief is necessary that it's granted that way it's covered on both ends okay okay thank you good so lean I think we've covered everything from here except one last question you have some outstanding uh rep uh reviews are uh that are you in a position to advise the board that all those conditions can be satisfied so the first letter i have is from Leon avakian's office um from Jennifer beam um so on page I think started on page four item 2A um we will comply most of the heights are on the plan now for the retaining walls they'll all be ordinance compliant right the signage um we provided testimony um supporting that um the buffers if I can just cut to it like we we don't typically walk through our letters we typically bring it tell me I spoke to Sher she's confident that the buffers are compliant we discussed the lighting the parking the one thing I will say is the can you just testify very briefly on the rec requirements oh yeah you weren't here but I will be testify for you I came in late so you want me to I can testify again real quick so the if you testified already then I'm good I just I totally missed it okay um I think I I think I should touch on the screening C2 um requires mechanical equipment um at the ground or on the roof or around the buildings to be visually screened um so I I think you think are you thinking about like Transformers and things that are out in front of the buildings or you have any kind of generators or anything like that so we would provide like atg grade screening but just know that for the Transformers and things we have to be offset so much and we have to have one side of access but we could put low Shrubbery around them to to say whatever you have out there as long as sh is is satisfied with what the Landscaping screening is we so we will comply with that c your item C2 and the D we did sidewalk I don't have anything else in my letter thanks johen um the councilwoman has just a quick question I have a question about the water tower yeah how that came to be did New Jersey American Water purchase the land from you guys yeah in our discussions with uh New Jersey americ they wanted this site pretty seriously because they felt not felt they had a overall water pressure Sy weakness in the how system the elevation of this tank gives them the natural pressure downward pressure from the water throughout the system and I'm not a water engineer but apparently you get a lot of mileage out of uh this the the height and the pressure and uh when we were having this discussion the uh New Jersey American engineer said I I don't know what you're questioning John this is just like the Romans did we put the water in and make sure there's enough water and high enough it'll we can even have a fountain if we want it but the idea was that they felt that this was the most expedient way for them in order to provide the pressure throughout the system and that well you can't say that where the I can't say where the pressure is going to move substantially the uh Engineers were satisfied that it's going to move the entire system to a higher level of performance where it's now weak it'll be a separate parcel it's shown as a separate lot a separate parcel it's a separate parcel that is uh ient well it was shown on the plan you see where that is that is going to be owned by New Jersey American it'll be conveyed to them and it'll be part of their operation as they maintain the overall how Township water system for their customers that height to the top of the water tower the tower itself is 100 feet high the starting the base elevation is 183 and how it came about is when we do will serve letters for all the utilities and once they got the will serve letter like that we needed water they like wait a second we need you so it it was a symbiotic relationship there my concern and I guess we could take it up with the township um is that they're putting a lot of 5G cells onto water towers and the fact that it's right there in the neighborhood would not be is that a permitted use gen on top of water towers yeah well I don't know if it so the way our the way that the cellular ordinance States is that we're look we look for like collocations on existing structures prior to like new towers I would say in this particular instance maybe if the board is concerned about that g location a condition of this particular approval that that I mean I would defer to run right that includes this water tower we could say this is not an appropriate collocation location well also I I this particular site basically has its own zoning because it's an affordable housing site so while there may be a general uh Tower collocation ordinance the Zoning for this particular site did not Envision that correct yes so I we can place that in the resolution say it's interpretation of the uh of the ordinance that a tower is not permitted or I'm not the um cellular uh apparatus is not permitted thank you even if it's conveyed to New Jersey American Waters it's still within that zone got it okay yeah it it's part of the site and while they're not the applicant this is between the applicant and water company the fact that it's part of the law of the land if you will would be controlling and you spoke a little bit to it and I don't know if you can speak more you know it's not the the uh overall system improvements it's not just for the development do you know how far in how it kind of it's so I did ask that question because I don't work for New Jersey American water and I did receive a response back um from our contact at New Jersey American water and they basically said the entire gradient under elevation 280 which is all of how pound that was the email response I received that this Tower would be able to yeah the pressure that it would have pressure effect across the all have better showers here I don't know specifically I don't want to provide the board would here say but they did share with us that there were pressure issues throughout the township that's about the extent of what I know so can you I don't think we have that in our record can you just submit that uh when you have a chance I could submit it tonight if you would okay it's an email is that okay if I can't okay it is what it is I I'm looking for it but anyway do you want to go um Laura's letter Laura I don't want to go through the whole thing yeah so similarly similarly lean um the body of our letter you you addressed directly discussion items remain uh mainly for planner and traffic um and uh the items in our technical engineering review do you agree to comply with those in totality yeah so nothing further from our review letter for the engineer at this time I gave it lean is if I may Mr chairman lean is this the uh memo that you were referring to uh yes was sent to you from Chad M mckendra on January 17th of 2024 that's correct I'm going to ask Mr chairman that this be marked as our next exhibit and the next one that copy right now to we're going to mark that email is 8:34 this the one that LE just gave and what is it that you have John okay this is a different email yes right will mark this is 8:35 hey Eileen a little housekeeping question is like the air conditioning on in here thank you I'm feeling just cold it's freezing the ladies have hand warmers over here something else are you you you have any reason to think [Music] you go ahead you want me to leave these plants here to school tomorrow so Mr chairman um basically that's our engineering and planning design testimony uh it was intended to address all of the comments that were raised by your consultants and I think we've done that it was intended to explain to the board the extent of the project and how it all integrates together and the final question I'm going to ask Mr Hoffman is lean does this now comply with the requirements of our agreement with how Township in terms of providing affordable housing at this site yes so with that Mr chairman I have no other direct questions for M thank you um does anybody from the board have any engineering questions Ron how do you want you want to just do it by uh engineer open it to the public or do you want to do it well I think Mr junko was requesting that for uh tonight so that each witness could complete their uh their time here so I think we can open it to the public okay yeah uh this will be for for questions only of the engineer to the public I always get them okay we just need you to State and spell your name and give us your address Lisa Dylan 214 derck can you spell your name for us ma'am Lisa Dylan sorry I have a quick question can you spell your your last name for us d i l l o n okay go ahead sorry and what was your address 2114 I'm just really curious I never get notifications about this project and looking on the exhibit my name and address is on here so I'd like to know why you're within 200 ft yep my name is on this well let's let's let the applicant answer um do you know your lot in block number yep 144 158 okay Mr junko can you see if that's within the 200 foot radius I'm looking at the list right now Mr right here what she say I have the documentation from the tax assessor to the [Applause] attorneys can you give me that your uh lot and block one more time 144 158 153 144 yeah 158 158 I see it on the list here you are Lisa yeah it's on give you the sheet this list here on our plan I don't have 15 wasn't on the certified list never received certified regular mail not one piece of let's just let them look through their recordss I have a certified list and that property is not on it I have a list too certified 200 foot list 14 going three pages y 157 the third page Mr junka can I just see the uh the list that you got from uh tax assessor I 15 a of 157 is within if you want to look at on the screen this is her L ma'am when what what list do you have ma'am I pulled it from the application okay we're going to have to mark this as an exhibit no no no we make a copy had a hard time finding that on the well if you want to be part of the record then we have to mark it as an exhibit can you don't have that ability tonight so if I can't check anything unless you're going to allow me to mark this as an exhibit so I'll call this P1 scan it on your phone and then can you just show me where you're we get a list so it's not in great order though that's I'm wondering not on this list John where's the uh what's the date that you received your the list that's okay the list that was used was August 8 and she's not on that list and if you look at the tax map she's not with this was January 6 2023 so it's too we can't rely on hold on I will determine and make a recommendation of what we can rely on all right so well why don't you take pictures with this with your phone so we can keep it and my question would be is why is this on the application that's well why don't you take the picture because we got to get all this on tape so [Applause] no not anymore from a legal standpoint this is one she has loc Loc through goes to r that isan okay thank you all right Mr chairman yes sir sorry about that so the list that Miss Dylan has is a list dated January 6 2023 okay um I don't know John did the I haven't looked through all the the block and lots but did the did the block and lots change I don't know it's right there and it's outside the no I'm just trying to understand the difference between the two 143 it's the lot is 153 158 158 so essentially Mr chair the Miss Dylan is correct she was listed is within 200 ft on the list that was requested in January 6 2023 uh however the most recent list which is August 88th 2023 she's not on the list that's the most recent list and the applicant has the right to rely on that list and there's a lot of lots and blocks I don't know if the differences maybe there was a different number you know the the project may have changed a little bit and not all the Lots some block 200t radius was on there but they're entitled to rely upon the most recent list okay got it yeah go ahead yeah you certainly can absolutely just go to the microphone so back in January I was never never received any notification from January to August they only are required to notice you when they make the actual application they're not required to notice you when the project is like in its develop they made the application probably October when do the when application come in well it's not when the application comes in it's when they have the it's when they have have been getting notices for years it's when they have the public hearing so you the notices that went out went out and at least 10 days prior to the public hearing that they had and December was your first night right Mr junko yes yeah so it would have gone out uh at least 10 days prior to that December meeting that's the only notice from from our standpoint that that's relevant for us to consider it just seems odd that the the the acreage of this project smaller like it doesn't make sense how I was I don't know but they got it from the tax assessor exactly so the law is that they are entitled to rely upon what the tax assessor gives them so I don't know what the I get that letter from August 8th where would I see that online anywhere well it's part of the record um I me when I researched online for this application I came I saw that January 2023 listing so I'm looking for an updated listing then it wasn't provided correctly on their website it's not it's it just comes in with their okay but the originally the January 233rd one was Mr Mr junko I didn't hear that I'm sorry all right can you just show Miss Dylan the uh 200 foot radius list that that you received and just to to show to her that she's not on there well the only one I have is is the one that we ried on for purpos Mr junko I'm saying show her the list so she can see she's not on there I should have uh I forgot to put my helpers in take a picture yes also on the website under which exhibit it's under doc under the first document distribution sheet and it's certified property owners list do you see the January list there I do and there's there's multiple document distribution sheets so you just have to check [Applause] them that that comes from not from him though that comes from tax assessor and I'm not required to put that out there I just I just save it so I now that list from that okay thank you all right is there anything else from the public seeing none close the public portion um I guess uh we'll move on to your next witness well yes I'd like to call Scott Kennel our traffic hey do you swear or affirm the testimony about to provide this board is the truth the whole truth and nothing about the truth I do please State and spell your name for the record Scott Kennel k n l with McDon and R Associates located in manisan uh Mr chairman I'm offering that Mr Kenn is Scott's good y thank you thank you Scott would you uh give the board a uh an a summary analysis if you will of the uh interior uh uh Road system and its serviceability and likewise the access from casino and West for yes I will uh testify to the report prepared by my office dated November 20 2023 that was submitted as part of the application as part of our data collection as I've testified previously in other applications we do an extensive data collection program inventory existing roadway systems uh the types of intersection signalized UNS signalized and we um conducted traffic counts at five different locations in February March and April of 2023 from 7: to 9:30 a.m. and 3:30 to 6:00 p.m. to inventory the peak uh traffic conditions uh we also installed insted automatic traffic recording devices on Casino Drive and on West Farms Road adjacent to the subject property to record daily and hourly traffic volumes for the weekdays and week and Saturday and Sundays uh just for the board's benefit as far as Casino Drive the tra two-way traffic volumes during the peak hours are approximately 200 vehicles uh West Farms Road is approximately uh 225 in the morning and 300 in the afternoon so it's a they serve as local collector roadways with um moderate traffic volumes reviewing the plans prepared by the site engineer we utilize the data to estimate traffic to be generated by the development consulted The Institute of Transportation Engineers trip generation manual and determined based on the unit mix uh housing types that the site during the morning peak hour would generate approximately 275 trips and in the afternoon approximately 350 trips then it's necessary to assign the site traffic to the area roadway Network and we review the existing traffic patterns area roadway Network um employment opportunities shopping opportunities and determine that approximately from this development 70% of the traffic will be oriented to and from the West towards Route 9 and then the balance of the traffic would be 30% be oriented to the East and a a small amount to some of the local roads to the South take it all out of consideration we uh extrapolated the base traffic volumes to a design year of 2033 we utilized the NJ doot uh traffic growth data to establish um the growth rate to be applied to the base traffic volumes we also included within the our analysis a uh recently approved Housing Development on uh Sunny Sunnyside Road and four Plains in our background traffic and in evaluating the the site access points uh Casino Drive which will have wher way is the access we determine that that access would operate a level service b as you've heard testimony before we rate an intersection from a to F this is operating level service B well within acceptable ranges as far as Cherry Stone way with West Farms Road that intersection as well will operate a level service B upon full buildout for both the morning and afternoon peak hours uh we studied a number of other intersections uh to the East and to the west and all of them would operate at the same level service from a no-build to build condition uh representing a minimal impact on operating traffic conditions as far as the site plan is concerned or the subdivision we reviewed the internal roadway Network the access and determined that the roadway design for this development is compliant with the residential site Improvement standards uh relative to horizontal uh roadway geometry and having two points of access to this site complies with the accessibility standards set forth in the residental site Improvement standards uh last thing I'll touch on is as far as parking uh parking is is compliant and exceeds the recommended standards for the various housing types within the development uh so from an residential side Improvement standard uh Viewpoint this plan is compliant from accessibility Road design and parking uh and that's basically a quick synopsis of our analysis Scott do you find the road design and layout safe based on the yes I mean the the design as proposed which basically has a north south spine road that has a width of 30 ft I think is appropriate as well as the other smaller internal neighborhoods created and the accessibility to those uh neighborhoods within the overall development and are you s did you have a chance to review the parking that's provided and determine it to be AC adequate yes uh and according reviewing the the plants prepared by Hammer uh the parking for the apartments the stack Town Homes uh as well as the town homes themselves meet and exceed the uh the rsis standards Mr chairman I have no other direct questions for Mr kennel concerning the traffic plan I would just add this this plan is substantially I mean very close to exactly what was laid out in the original discussions between applicant and the municipality anybody Laura Jen Sherry so um Mr kenel we have a couple traffic related comments in our technical engineering review mainly dealing with maneuverability and circulation have you had the opportunity to review those I which comment specifically I it was dealing with the fire Tru and I I'm assuming obviously the fire truck can circulate we had questioned the need to provide garbage truck delivery truck um but just uh left turns in out of Casino Drive in West Farms Road yeah my initial review of that uh my opinion they're appropriate the the geometry at those access points are consistent again with what's recommended by RS rsis and the truck circulation plan provided considered a a a fire vehicle which is going to be larger than s30 or a refu vehicle and is generally consistent with the school bus So based on my general review of the plan I'm generally satisfied with the design and then just site distance at both intersections specifically casino and West Farms Road yes as far as Casino we have more than adequate site distance that that exceed the uh recommended standards as far as West Farms Road there were some questions raised because of there's a um a vertical curve on West Farms Road just to the east of the site axis but based on a site distance analysis we meet um and exceed the recommended site distance requirements uh Mr chairman that was all I had for this witness okay there was a comment from the environmental commission um that the traffic study stated that West Farms Road and Fort Plains Road West of Route 9 has a plan for a traffic signal um do you do you know when that's going to be installed I don't have a time frame on that um I I I'm aware of of that being a candidate for a traffic signal for a number of years with all the work we do here but I I don't know what the timing is on that got it anything I don't have any I don't have any questions but to that traffic signal question it came up when we heard FP how it's come up a number of times I don't know when the town's going to pull the trigger on that just keep throwing it out there yeah all right um does anybody from the public have any questions for traffic engineer only seeing none close the public portion thank you thanks Scott thank you Mr chairman I'd like my Final witness would be Christine cfone our planner okay I I think this will be very short our PL our clients work to make the plan compliant with the uh agreements do you swear or affirm the testimony about to provide this board is the truth the whole truth or nothing but the truth yes please State and spell State and spell your name for the record hi good evening for the record it's Christine nazaro n a zz a r o Kone c f NE e business address is 125 Half Mile Road suet 200 Redbank New Jersey 07701 testifying this evening as a licensed professional planner have been testifying as such in the state of New Jersey for about 28 years now qualified here in Howell and about 450 chairman would you accept yes thank you Christine could you just generally describe your your analysis of compliance of this application with the ordinances and with the agreements that created the uh the zone and this obligation to uh develop the affordable housing yes so this is a what I would consider a more than substantially compliant application we have no bulk violations we meet every every bulk parameter set for In the ml14 Zone The ml14 Zone has a stated purpose and intent in it and it reads in that zone that the stated purpose and intent of it was to assist Howell Township in meeting its affordable housing obligation at a 30% set aside I can tell you that that's a pretty substantial set aside I'm an affordable housing special master so I read dozens if not hundreds of of of settlements and I think that this is substantial the typical is 15% for a rental project or 20% for for sale this is is a substantial affordable housing settlement that needs very minimal variant to Le um so certainly I would say from a planning point of view it's it's very compliant the one variant that we do need was identified by uh Leanne earlier in the evening and it is for the sign of the the size of our Monument signs and we are proposing them at 12 12 by5 and if you had an opportunity to look at the detail it shows a very attractive base with the E logo for the encline the enclave and the name so I think the board can grant the variant relief for the size of the sign under the C2 statutory criteria which is the flexible C and it finds that if you advance one or more purposes in the land use law the board can grant the application and if you find that there's no substantial detrim right it doesn't ask you to hold us to a standard that there's no detriment just that the benefits outweigh any detriment so the two purposes of the land use law and statutorily we need to advance one to meet our burden of proof our criteria I which talks about creating a desirable visual environment again it's um you know while we have to count conservatively you need to count all elements of the sign but there are decorative components in the base of the sign which is a brick base which we've included and we are so it's an attractive feature so I believe criteria I is applicable criteria H talks about the free flow of traffic um Leanne our site engineer testified extensively about the character of both Casino as as well as West Farms Road um so certainly having appropriate signage on those locations that accommodates the posted speed for those roads is appropriate so that's the positive criteria again I believe criteria I and H are Advanced which leaves us with a burden of proof with respect to the negative criteria the section of the ordinance that we actually violate is section 2564 a and the way that section reads is that you're allowed to have a sign that advertises a permitted use in the zone or a member of a recognized profession and it restricts you to Four Square fet so it was clearly not intended to uh govern in my opinion it was really all-encompassing for residential zones and was trying to include something where somebody might have a a home occupation or a registered professional where you can have a 4q foot sign this is a 458 unit development on a site that's 236 Acres so I think that the sign that's proposed the sign is certainly appropriately scaled to the development so for those reasons I believe that the board can certainly Grant the variance relief requested under the C2 section of the statute and we certainly meet our burden of proof with respect to the positive and negative criteria could I just ask a quick question counselor oh I uh for the sign since it's it's this this site seems to have multiple HOAs and it's part of what will end up being deeded a a public road at some point who maintains that sign that would be maintained by the homeowners association that is responsible for that portion of the site got it thank you so and I don't know today whether on uh Casino whether it'll it'll be it'll there it'll shift to the uh market rate side uh is not appropriate to assign additional expenses or cost to an affordable component is that correct yes yes okay it would be cost generative Christine I did want you to uh just address the board you analyzed this with regard to compliance with the obligations under the affordable housing agreement between uh how Township and our applicant I did well could you report to the board what you found when you looked at this this this project was so your affordable housing agreement identifies all of the the ways in which you intend to meet your constitutionally mandated obligation to provide for affordable housing so this site by block and lot is specifically referenced in your settlement agreement for 458 units with a 30% set aside so this is absolutely in compliance with your your court settlement agreement so I have no other direct questions for our planner um the waivers I think were well explained and I'm not even going to ask her to add her opinion to that so uh I have no further questions with Miss Gone anybody from the board good thank you so I don't disagree with the the testimony regarding compliance with our settlement agreement and our housing plan I would just ask one thing I don't take exception to the size of the signs I think that the site needs to be visible before somebody gets to that roadway otherwise given the nature of those roads with limited shoulder you know you're going to have people slamming on their brakes so that's not a good scenario I just want you to testify on the record that the signage as proposed in location I probably should have asked Leanne this but does not obstruct any site triangle or site distance um my understanding is that it does not I think our our traffic engineer as well as our site civil engineer have both reviewed the plans and and the signs have been located on the plan to be out of any site triangle so so long as they're out of the site triangle and don't impede site distance I take no exception to the relief being requested okay all righty uh once again open it to the public for any questions for the planner seeing none thank you thank you Mr junko my understanding is you have one more witness your architect who's not here tonight uh we don't have the architect is not here tonight but the architectural plans have all been submitted uh and there they require no variances and um I don't well I guess my question to you is do you want to put up architectural testimony or not um the pl I I want to rely on the exhibits that were submitted well is that I'm not following what you want I'm asking what you want this is your application so if you want to if you're asking for a decision tonight then you're not putting up any architectural I am asking the board to consider the application this evening I think we presented and addressed all the issues that were addressed through your consultants and the application basically seeks no variances the W the waivers are uh in are relatively in significant if uh you want to see the architecture I would have to bring Mr regone when he can make it here so unlike every other application that we have where I have architectural concerns the applicant has submitted documentation it does not require relief from our ordinance for architecture so typically we see this more for more of a site plan application industrial building and what have you you know as long as you can stipulate on the record that you'll comply with our lookalike ordinance I don't have any issues associated with the architecture moving forward I can stipulate that and further before you before you answer respond to that see if you respond to this one as well the only thing that I would stipulate on is is any louvers or venting that's out out the side of the building that those uh are are color matched to the exterior and and if there is an opportunity to combine instead of let's say you have uh kitchen exhaust bathroom exhaust and uh dryer exhaust that there is my understanding that there is devices available on the market that you can combine those into a common uhet so there's not three Outlets coming out every single apartment so color matched and something like that is really the only thing that I would I would recommend be put on the record and put in the resolution I think that uh if those if you propose those as conditions our application would sort certainly accept it and comply with it thank you and then and you will comply with the lookalike ordinance yes so I don't have any I don't have an I don't take exception to you guys moving forward without architectural testimony okay so with that Mr chairman I am going to ask the board to consider this application and I'm sure you'll be surprised when I ask you to consider it favorably because the reason I'm here is to gain this approval for my clients but we're basically in compliance with not only the ordinances but the agreement between the township and our applicant and it does provide this substantial affordable housing and you've been I'm sure you've heard it do times about the implication of that and that fact that that is a significant factor that the courts expect the boards and the townships to comply with and here uh this I've been involved with this project from the very beginning with the uh town and uh quite frankly there were loads of meetings over laying it out properly and coming to the design and uh once those designs were settled I think everything came together very well in this plan it's a very spread out for an affordable project and uh it's only because of the ability to uh concentrate the the the five sections if you will in each uh category that this uh large expansive land was able to be used this way and uh basically uh 128 uh on affected Acres on this site so I'm going to submit to request the board to consider that we're in compliance with the ordinance we're in compliance with the agreement the project meets your affordable housing requirements and in fact exceeds the standard of 15% or 20% to go to 30 and uh I'm going to ask the board to approve it because uh our client is prepared to get the remaining approvals are in process already we expect that uh construction can pursue soon within maybe a year and uh we'd like to be able to get that underway okay okay Mr chair we just need to open it back up to the public for any testimony Now comments this is open to testimony from anybody from the public which come running forward all right we'll close that again so all right that's it I have a I would like you to make a motion to approve the application thanks John all right that being said um so I will entertain a motion I guess that goes with all stipulations discussed uh this evening for case number SP 1117 DR Horton Inc NJ how Ridge that includes I guess all stipulations we want you guys want to run you just want to summarize what the the variance is and so forth that we're agreed to or only variance is the signage yeah well the sidewalk that's a waiver a waiver okay waiver and then the color matching of stuff and the combining of exhausts is that really the four items well they also have to place the uh language we discussed in the HOA doc docents and I guess something about the 5G or it's our understanding that the or that also the uh the prohibition on uh putting the Telecommunications apparatus on top of the water tank and then with the uh the light intensity waiver uh the curve Ram spacing waiver the porous asphalt pavement waiver the frontage waiver no I'm yeah all that just list them all you were trying to get them all out yeah just want to make sure we didn't miss any if the buses can't get in the agreed to construction of and the location of those pads in the EV okay all right I'll entertain a motion I'll entain a motion to approve the application I'll second say I so Mr tanah house and Mr Cristiano for the second okay Mr Cristiano yes Mr leio yes Mr tannin housee yes Mr Rebel yes counc councilwoman fiser yes Miss Pike yes Mr Carbonic yes and chairman huster yes motion carries applications approved thank you thank you thank you all right uh Master Plan update no update no update um Mr ciero any reason for executive session no Mr chairman all right I'll entertain a motion to ajour I'll make motion tojn second all right thank you everybody night thank you