planning board meeting Thursday December 14th 2023 I hereby declare this meeting of the how Township planning board to be open adequate notice having been given pursuant to the New Jersey open public meeting act in the following manner first on March 31st 2023 a copy of said notice was mailed to the Asbury Park Press and the Star Ledger second on March 31st 2023 a copy of said notice was hand delivered to the clerk of the township of Howell third on March 31st 2023 said notice was posted in the office of the planning board and on the bulletin board in the Howell Township Municipal Building 4567 Route 9 Howell Township New Jersey in accordance with the fire prevention code and your safety please be advised that this facility is designed with two emergency exits which are at the front and rear of the meeting room furthermore smoking is not permitted in the municipal building please take note that this meeting is being videotaped for possible future broadcast on Howell Township TV 77 and just one additional note I understand the men's room up here is not working so if anybody needs the men's room you have to go downstairs there's two one at this end of the hall and one at the opposite end of the hall you can get it through the stairs or the elevator thank you roll call Mr Cristiano present Mr Greenfield's been excused Mr huster here Mr leio has been excused Mr Seaman here Mr tanhouse here councilman gager here Mr Mercer here miss Pike here and chairman Bava here you have a quorum okay thank you um could we all stand and Pledge of Allegiance and a moment of silence for our troops serving here and abroad algi to the flag the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all all right okay we'll knock out these minutes real quick okay first up is uh the regular meeting for September 7th 2023 eligible voters Cristiano who are Seaman gazer Mercer and myself I have a motion please I make motion to approve minutes second I'm sorry who was the second right thank you Mr Cristiano yes Mr huster yes Mr Seaman yes Council M gager yes Mr Mercer yes and chairman B yes motion carries minutes thank you okay next up is uh September 21st 2023 eligible voters Cristiano whoar Seaman tanon house gazer and Mercer could I have a motion please make a motion to approve I'll second Mr Cristiano yes Mr huster yes Mr uh Seaman yes Mr tannin housee yes councilman gager yes Mr Mercer yes motion carries thank you okay next up October 5th 2023 eligible voters who are Seaman tanah house gazer Mercer Pike and myself could I have a motion please motion to accept minutes from October 5th second Mr huser yes Mr Seaman yes Mr tanin housee yes councilman gager yes Mr Mercer yes Miss Pike yes chairman bide yes motion carries okay last but not least October 19th 2023 eligible voters Cristiano huster tanin house gazer Mercer and myself I'll make motion for minutes I'm sorry I have Mr Seaman on there so hold on one minute him too I just want no Mr SE was absent so that's it's correct okay so not him no I'm sorry now do we have a motion I'll make motion thank you I'll second thank you Mr Cristiano yes Mr huster yes Mr tanin housee yes councilman gazer yes Mr Mercer yes and chairman Bai yes motion carries thank you okay great uh correspondence correspondence I have request from Vince howerin that the application for Augustine Kim which is on tonight that's SD 30009 be carried to the 18th with no further notice I told him you're probably going to have to go to the fourth since we don't have our dates and we can carry him for scheduling purposes only and then carry him again on the 4th okay so we just need to make an announcement he asked that the board take jurisdiction so no all right all right the application of SD 30009 Augustine Kim will be carried to the board's uh January 4th reorganization meeting for scheduling purposes only it's likely to be carried to the January 18th but just for scheduling purposes our only official date next year so far is January 4th so all application uh documents will be available in town hall during regular business hours for a inspection by the public okay I also have an email from Michael Butler who is the attorney for sp115 J A Howell LLC he's asked that the planning board take jurisdiction over the application tonight and move the hearing date to the reorganization meeting on January 4th while he understands that moving it there may be for scheduling purposes only he asked that it either be heard that night or listed on the next agenda January 18th so I told him the same thing it has to go for scheduling purposes only at this time okay all right the application of sp115 jaab Howell LLC will be carried to the board's regularly scheduled January 4th reorganization meeting for scheduling purposes only all application uh documents are available in town hall during normal business hours and uh for the public inspection and I believe Mr junko is here for application 1117 DR Horton Inc and he asked uh if he could just address the board for a minute during correspondence yes Mr chairman John junko of judan how and CA appearing on behalf of Dr Horton for the h Ridge project SP 11117 um I understand that you're not going to be able to get to a tonight yeah we won't get to you tonight that there was uh it was recommended or it was said to me that you could put us on the agenda for January 18th oh okay well it still carry it to the fourth for scheduling purposes yeah they're going to carry to the fourth and then you'll formally carry it formally on to the 18 then all right to the application of SP 1117 DR Horton Inc and J hell Ridge will be carried to the board's regularly scheduled January 4th meeting for scheduling purposes which will likely be scheduled to January 18th uh all documents are available in town hall during normal business hours for a public inspection Mr chairman thank you good evening thank you take care uh and then the only other thing is I did send out meeting dates and asked everybody to look at them uh there's really only a Jewish holiday as rashash Shana is October 2nd to the 4th so October 3rdd may be an issue uh and as far as um master plan subcommittees November 14th or 21st you would have to pick one or the other the 21st is the week probably of Le so you probably want the 14th but and Passover runs April 22nd to the 30th and the master plan falls on April 25th so I don't know if you probably just cancel that master plan meeting I yes some doing Master planning like yeah constantly there's really no reason to have that meeting okay so so the only issue then would be October 3rd probably for rashash Shana I don't know if you want to go to the next the next week would be the 10th and then you'd have one on the 10th and the 17th it's B I mean you can save the date I mean you know what I put a pin in it for now because yeah there's there's a lot of just so we don't lose a date we can advertise okay this way I get the reso ready for the reorder thank you right right thank youen what hypothetically what are we looking at at the 18th right now as far as applications go January 18 A minor subdivision DR Horton okay and the and the one other application which may not be heard which may wind up before The Zing Bo gotcha okay thanks and uh Victory Road is still hanging out there but January wasn't a good date for them anyway so they're probably that okay thank you that's it for correspondence that's it for correspondence um do we have any vouchers we have no vouchers okay all right here we go resolutions first up case number SD 3013 bezar LLC it's a resolution granting submission waivers eligible voters Cristiano AAR Seaman Mercer Pike and myself I'll make a motion to memorialize Second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr Mercer yes Miss Pike yes and chairman bavi yes motion carries resolutions memorialized okay next up case number SD 3010 Samuel nigar resolution Grant minor subdivision approval with ancillary variance and design waiver relief eligible voters Cristiano huzzar Seaman Mercer Pike and myself I'll make motion to memorialize I'll second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr Mercer yes Miss Pike and chairman bav yes motion carries resolutions memorialized okay next up case number SD Z 30002 Frederick J hair extension of time for an additional 190 days eligible voters Cristiano whoer Seaman Mercer Pike and myself I'll make a motion moralize second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr Mercer yes Miss Pike and chairman bav yes motion carries resolutions Memorial okay next up case number SP 1118 CR Township of Howell that's the capital plan review eligible voters Cristiano who's are Seaman Mercer Pike and myself you'll make a motion I'll second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr Mercer yes m Pike yes and chairman pav yes motion carries resolutions memorialized okay ordinance 0 23-35 resolution deeming ordinance substantially consistent with the master plan eligible voters Cristiano huster Seaman Mercer Pike and myself I'll make motion second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr Mercer yes Miss Pike and B yes motion carries ordinance number 0-23 d36 resolution deeming ordinance substantially consistent with the master plan eligible voters Cristiano huster Seaman Mercer Pike and myself May a motion please I'll make a motion to memorialize Second Mr Cristiano yes Mr huster yes Mr SE yes Mr Mercer yeah Miss Pike and chairman B yes motion carries next up ordinance 0-23 d37 resolution deeming the ordinance substantially consistent with the master plan eligible voters Cristiano Husser Seaman Mercer Pike and myself I'll make motion second Mr Cristiano yes Mr kusser yes Mr Seaman yes Mr Mercer yes Miss Pike and chairman bav yes motion carries okay ordinance 0-23 d38 resolution deeming an ordinance substantially consistent with the master plan eligible voters Cristiano huster Seaman Mercer Pike and myself I'll make a motion second Mr Cristiano yes Mr Greenfield oh excuse me Mr huster yes Mr Seaman yes Mr Mercer yes Miss Pike and chairman bav yes motion carries ordinance 0-23 09 resolution deeming the ordinance substantially consistent with the master plan eligible voters Cristiano huster Seaman Mercer Pike and myself make a motion to memorialize Second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr Mercer yes Mr Pike and chairman pav yes motion carries okay ordinance 0-23 D40 resolution deeming the ordinance substantially consistent with the master plan eligible voters Cristiano huster Seaman Mercer Pike and myself make a motion to memorialize Second Mr Cristiano Mr huster yes Mr Seaman Mr Mercer yes Miss Pike and chairman bav yes motion carries ordinance 0-23 d41 resolution deeming ordinance substantially consistent with the master plan eligible voters Cristiano huster Seaman Mercer Pike and myself I'll make a motion moralize second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr Mercer yes Miss Pike and chairman bav yes motion carries yeah I know take a second ordinance 0-23 d42 resolution deeming ordinance substantially consistent with the master plan eligible voters Cristiano huster Seaman Mercer Pike and myself I'll make motion second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr Mercer yes Miss pipe and chairman B yes motion carries all right okay I'm switching it up a little bit here case number SP 852a Village Square at how LLC it's a resolution for amended preliminary and final site plan approval with ancillary variance relief eligible voters huster Seaman Tannon house Mercer Pike and myself make a motion to memorialize Second Mr huster yes Mr Seaman yes Mr tannin house yes Miss Mr Mercer yes Miss Pike yes chairman B yes motion carries resolutions memorialized okay case number sp110 Howell 360 LLC resolution granting preliminary and final site plan approval with ancillary variance and design waiver relief eligible voters Cristiano huster tanah house gazer Mercer Pike and myself Mr chairman before you ask for motion I'd like to ask a quick question of our Council sure so on this application I'm looking at my notes and there are a couple of items that the applicant asked for and unfortunately the link for this particular resolution I had some difficulties with and because of my work schedule I just wasn't able to get a hold of Eileen and get it straightened out and get a copy of it so is this something that we could maybe table uh iink and then I'm sure we're going to have a break at some point um today maybe I can get me a quick Copy of it take a quick look at it and then we get back from that break um in between applications we can come back to this one uh yeah you could it'd be up to the chairman if wants to put in another part of the schedule okay yeah that's not a problem thank you let me just circle that so for get it okay so we'll wait for that one um next up is case number SD 2997 a larab realy LLC resolution olution granting amended preliminary and major final subdivision approval with ancillary variance relief eligible voters huster Seaman tanah house gazer Mercer Pike and myself I'll make a motion second Mr huster yes Mr Seaman yes Mr tanhouse yes councilman gager yes Mr Mercer yes Miss Pike and chairman B yes motion carries resolutions memorialized next up case number SP 1011 a-2 when CLA real estate LLC resolution granting amended preliminary and final site plan approval with ancillary variance and design waiver relief eligible voters Cristiano huster Seaman tanon house gazer Mercer and Pike I'll make motion second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr tanhouse councilman gager yes Mr Mercer yes and Miss p yes motion carries resolutions memorialized case number SP 11107 New Jersey ruckle realy LLC resolution granting preliminary and final site plan approval with ancillary variance and design waiver relief eligible voters Cristiano huster Seaman gazer Mercer Pike and myself I'll make a motion more I'll second Mr Cristiano yes Mr huster yes Mr Seaman yes M councilman gager yes Mr Mercer yes Miss Pike chairman bide yes motion carries resolutions memorialized and well no it's not the last one I'm after this master plan reexamination report resolution adopting the master plan reexamination as part as the township master plan eligible voters crisano huster tanah house gazer Mercer Pike and myself motion to memorialize Second Mr Cristiano yes Mr huster yes Mr tanon House yes councilman gager yes Mr Mercer yes Miss Pike yes and chairman bav yes and last but not least case number sp10 46a Bank of America resolution granting amended site plan eligible voters Cristiano gazer Mercer and myself I'll make motion second Mr Cristiano yes Mr councilman gazer yes Mr Mercer yes and chairman bav yes motion carries thank you very much you a drink of water that's a nice run wow I don't think ever that's a lot for one you still got to Circle back around on yours sorry no you know what I wish I wish I I had time I I time you know what it's I was hoping it would work here yeah my bad dude okay next up submission waivers case number sp11 one9 squankum Holdings LLC preliminary and final major site plan with ancillary variance and design Rel good evening Mr chair members of the board salvator Al FY on behalf of the applicant and you kind of know how we roll waitting for Laura all right Laura in the uh testimony you're about to provide do you SAR to tell the truth the whole truth and nothing but the truth I do all right um so Mr chairman members of the board we have the submission waiver specifically in item three of our November 2nd 2023 review letter I do have one question for the applicant um s do you know if you have any tree removal there's no no it's it's completely Barren the property so given the nature of this application essentially it's a vacant property it's going to really be used for a contractor's yard and it's two temporary buildings I take no exception to the granting of these waivers for the purposes of deeming the application complete so the board members understand it's not a major storm order development so it doesn't prompt those regulations and I was concerned about tree removal hearing there's no tree removal I take no exception for the purposes of deeming it complete okay anybody got anything no no it's just submission so then I'll uh entertain a motion I'll make a motion to uh approve submission W for case number sp-11 one9 second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr tanhouse yes councilman gazer yes Mr Mercer yes Miss Pike and chairman bav yes carries thank you you next up case number sp120 Carmine Caruso preliminary and final major site plan with ancillary variants and design waiver relief good evening Mr chairman members of the board Dennis Collins appearing on behalf of the applicant I'm a quick study I defer to miss Newman any testimony you're about to provide to you swear to tell the truth the whole truth and nothing but the truth I do uh so Mr chairman members of the board similarly the submission waivers are in item three of our November 3rd 2023 review letter I would note that since issuing this letter the applicant has provided um item 13 has provided and item 85 and item 52 so those three items have been provided I take no exception to the balance of the items being waved for the purposes of deeming the application complete okay do anybody have any questions comments then I will entertain a motion make a motion for submission waiver case number SP d1120 second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr tanhouse yes councilman gazer yes Mr Mercer yes Miss Pike and chairman B yes motion carries thank you very much have a wonderful holiday and we'll see the way you the way you run your agenda all those items on your agenda I'll see you in 2025 it looks like something like that thank you have a good holiday take care holid all right last but not least case number SP 11113 271 at Del PL LLC preliminary final major site plan with ancillary variant and design waiver relief good evening Mr chairman members of the board Alexandra cvido with JJJ Law Firm I will follow suit and defer to miss Newman before you do could you just spell your last name for me yes s e r v d i o thank you in a testimon you're about to provide you swear to tell the truth the whole truth and nothing but the truth I do so Mr chairman members of the board we have an October 20th 2023 review letter submission waivers are specifically itemized in item three and I take no exception to the granting of these waivers for the purposes of deeming this application complete anybody then I'll entertain a motion I'll make motion to approve case number 1113 second do we have a second I second make sure it's on the record please Jackie thank second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr tannin house yes councilman gager yes Mr Mercer yes Miss Pike yes and chairman B yes no carries thank you thank you have a good evening have a nice evening thank you okay first application is case number SP 1083 6679 Roe 9 NJ LLC it's for an extension of time good even me Mr chairman board members board professionals Kenneth Pape of the firm hurn Pape on behalf of your applicant this was the repurposing of the old Aldi building on Route 9 we came before the board during the pandemic virtual hearings in 2021 and the board granted approval to repurpose the building to a a medical office building there are I provided an outline of the status of approvals our client has worked on the approvals but hasn't completed them the gentleman who owns the property has into a contract to sell it to someone who's now ready to finish the approvals and build the building it's subject to the board granting the extension of the approval that we request the approval is expired the protection of the approval is expired in August of this past summer and we're asking the board to Grant two one-year extensions of the application so that we can complete the approval process and get this building built is anybody when you say to one year you mean one year for the 6 months to now so it's actually 18 months kind of it goes August August it's yeah we're asking August 23 to August 25 Mr chairman aug3 behind us there's like 18 left that's what I meant okay yes yeah right okay that's I just thank you I I have I have no me it we have to open it up to the public Y no no not for extension of time no and I'll make a motion to approve the extension time I'll second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr tanhouse yes councilman gager yes Mr Mercer yes Miss Pike yes and chairman B yes thank you all good night take care bye bye okay next up is uh case number SD 2998 Wadsworth Development LLC it's a Whispering Woods hearing for preliminary major subdivision approval just Mr chair there is a alternate attorney here St stepping in for Mr but Mr Herbert but he asked that I please call him he would like to call in and listen and so I'm going to just call him and okay well do you have those exhibits on a like a USB um I don't I think we may have sent those but I do have shun down ones also hi Mike it's Eileen on the other line sure no problem all right thank you bye Mr chair may I pass these out do you want to wait to have it introduced um we can wait till one minute I'm going to try and see if we can get you on here all right Mr Herbert can you hear us I can hear you I okay perfect we can hear you so now I know between you two good evening members of the board my name is Alexa Smith an attorney with Parker maray as Eileen has already mentioned um Mr Herbert couldn't be here tonight because of illness he is here virtually in some capacity but I'm here as a substitute as you already know we are here for a Whispering Woods hearing which is a fancy way of saying um a public hearing on a settlement agreement between the board and the applicant um tonight we have here the applicants engineer Mr Hopkins um you can sit you don't have to stand at the podium those things are are microphones on the table that's okay I'll sit down I'll let him get up and thank you though saying I sit all day too um so as a preliminary manner Mr chairman would you like Mr Hopkin to go through his credentials or since he has already presented before this board accept him as an expert whatever you usually we have them put a little bit on the record Put it on the yeah no problem um uh and I'll step down here good evening chair members of the board uh Walter Hopkin I'm a um licensed professional engineer I have a Bachelor of Science from Drex University I'm a licensed professional engineer in the states of New Jersey New York Pennsylvania Delaware Maryland I'm a certified Municipal engineer in state of New Jersey I'm also a licensed planner in the state of New Jersey and what Aller my credentials is both an engineer and a planner in tonight's um and we'll accept your credentials thank you Mr chairman all and the testimony about to provide you you SAR to tell the truth the whole truth and nothing but the truth yes I do okay so at this point um we'll start with and just go through the application and get from there so I I do have a color rendered version of the site plan um I I thought that we had emailed it in advance and maybe we had oober 11th I'm sorry it's dated October 11 uh it is yes okay okay right okay so so the uh just to refresh the board's memory it's been uh over a year it's a a 20.06 Acre Site it's at the corner of ramtown Greenville Road and Michelle Court um also kmas kusminsky way runs along the the one side of the property as well the address is 238 ramtown Greenville Road also known as block 3 Lot 25 and it is located in your A2 Zone um just to orient the board also to the location uh to the north is uh ramtown Elementary to the South is Michelle Boulevard um a subdivision to the East are single family uh approvals for single family residential development and to the West is the Middle School um the the property has a single family residential home on it various buildings chicken CPS throughout uh driveways and gravel uh and then there's a significant portion of wooded area on the remainder of the property we're here before uh you this evening to present detailed plans uh which are consistent with the plans and the settlement agreement uh between the township and the applicant what's proposed are 10 uh roughly 1 acre lots uh plus an open space lot of just over 8 Acres of the 10 uh Lots nine will be new homes and those are the ones that are colored with brown on the rendering and then the existing single family home which fronts on ramtown Greenville Road will remain it's proposed to demolish all of the other uh structures on site and that also is consistent with the settlement agreement access to this um uh development as you can see will be a direct connection to ramtown Greenville Road with a new um rsis compliant Road uh to be owned and maintained by a homeowners association there'll be curve and sidewalk along both sides uh each home will have a minimum a 75 ft wide excuse me 75 ft long driveway with a two-car garage which will be rsis compliant uh there was a comment in Miss Newman's letter regarding uh lot 25.0 and need for relief for a driveway setback uh we we don't want to have to request that so we'll relocate that driveway to eliminate the need for that um that relief there's also proposed to be a minimum of 100 foot buffer along ramtown Greenville Road and uh Michelle Boulevard there's a 50ft buffer around the remainder of the site uh there are 456 trees to be planted uh throughout the site including reforestation and supplemental trees uh I believe your environmental commission had raised an issue or or a concern about the fact that we're showing trees as you can see kind of superimposed in the wooded area along Michelle Boulevard uh we're not proposing to knock down any trees to put trees up uh what that is is uh through discussions with your tree expert in a in an attempt to kind of reforest and reestablish the the sparse areas of the existing woods and kind of complement and enhance that wooded area there's also 26 Street trees that are proposed um and if I could just take a step back the 456 trees that are proposed that's 128 more than the last time we were before you uh with the previous application there's 26 Street trees uh which is eight more than the last time that we were before you so Walter can I just interrupt you looking at the aerial photograph there is absolutely no way you're planting 400 trees in that buffer so like let's get real where exactly are these trees going I mean I know you don't want to pay into the fun but like I mean like there's absolutely no physical way you could plant 400 trees in that area without taking trees out so explain that to me so so not all 456 are in the buffer uh they're interspersed throughout the site um this was was it this was developed in conjunction with the tree expert yeah she's saying right here okay okay I had spoken with him about providing extra trees but we we did not agree on 400 trees it's it's just not you're just going to the tree will not live in all that shade okay it's it's just not going to be possible so I I think need to relook at it okay and you need to reconcile the fact that you're probably going to pay it so um we had intended to pay there was a balance that was due um and certainly whatever is required we we will yeah cuz I I I don't need you to plant trees that are going to die because they're underneath the canopy of existing trees just to avoid paying into our fund like I think you need to be realistic here and and whatever Shar says is what we're going to go with I understand and I apologize that wasn't the intent to try to reduce the the payment it was just the opposite to get as many as possible and I I apologize if there was a a miscommunication between our office and and miss buau so we will certainly that that number will slide to a larger contribution uh as the number that we agreed to is appropriate to get on site uh is reduced can we also talk about the the Vari you need for the open space lot yes so they're required to provide 50% open space but they're not and they're also providing one extra lot than they came in with before so you're at 40% when you need 50% and you have one extra lot than you did before and I get it's a Whispering Woods but yeah I mean honestly it's it's a question that I have why why we're agreeing to one extra lot when we're not where we need to be on the open space lot so Jen you got me confused so if this is a Whispering Woods application and this is the plan that was brought I understand and agre to under the Whispering Woods doesn't variances and other things just that isn't it just automatically kind of grandfathered in because of the Whispering Woods no no it can be uh amended here as long as the they need a variance is um agreed to the condition so at least 50% of the track needs to be in the open space lot and they have 40% and when they came to us originally they were one less slot so I don't really I get it it's a Whispering Woods but explain to me why we should give you one extra lot when you're not giving us the percentage of open space that you're supposed to C can I I have a question about this as well yeah if this is a settlement agreement right and it it was settled upon what was supposed to be there who who who makes these nego like I'm I'm still unclear how this is all working so if if something was in theory you guys agreed to a settlement right so that and this isn't it correct or this is it I don't know pretty but no what what we're asking is if if we who who negotiat the who is we yeah who's we who's who negotiated the settlement I think Ron R Ron yeah yeah based upon our input so then based upon our input so then so then we if I may the just to frame it right the board's going to weigh this but this plan is consistent I understand Miss beam's comment right this is one additional lot from the plan that you denied but it is consistent with the settlement plan plan that you agreed upon um and and I think the the negotiation was that there's additional fees that are required to or costs to extend this road to extend the sanitary to extend the sewer and this was what was required to make that work between the applicant and and and the municipality y fair enough thank you but I also want to just add to that like going back to the tree situation Char I'm sorry to keep putting me on spot but you're also clearing trees in addition to what we discussed for these basins right which go get factored into the tree situation correct it would okay well she right so that's something because Laura had brought that out in her letter okay so the trees I mean any decision you guys make with respect to this I understand it's a settlement I'm not arguing about that but the tree clearing the tree fund situation has to be a condition of anything you guys do to satisfaction of Sherry which right now I don't think we're at great no that part I understand you that absolutely so just to reiterate we we are total agreement with that those conditions and that um and really I hope I'm not oversimplifying but it's a sliding scale so either they go on site or they pay yep and we decide what we defer to sher's discretion and then that number goes be number and we in full agreement with that yep full agreement um so there's a sto as as Miss beam alluded to there's a storm order management system um that um actually between the uh the application that was denied Now new stor water management rules were um um brought into effect by D and we are now subject to those so uh a benefit to this application is that we are now um this has been designed in accordance with the new more stringent njde rules which your your ordinance also kind of mimics um there was a question in in Miss Newman's letter about access because the storm order management system will be privately owned and maintained by the Home Owners Association but of course we would Grant an easement for emergency access or maintenance as as required um there's also roof leader system and and infiltration basins um there was a comment in Miss Newman's letter we had um proposed some dry Wells along the rear of the lots that back up to Michelle Boulevard to kind of it was kind of a belt and suspenders type of situation to reduce the uh runoff there there's a kind of a technicality in in the rules that the dryw that we selected the the the BMP that we selected isn't appropriate for that so we're going to to work with her office and come up with a different BMP possibly a sand filter that will achieve the same thing but still meet the the D rules there was also a comment in Miss Newman's letter about providing an emergency access overflow uh the basins are designed to infiltrate water into the ground and if for some reason uh they don't they aren't able to they fail there's an issue um she suggested that we provide a an Emergency overflow to connect into the Michelle U Boulevard system so that it doesn't overflow over land uh and we would agree we would be in agreement to doing that as well um as I had mentioned before public and water and sewer being extended uh to the site off of rant toown Greenville Road uh and there will be uh Street lighting as well I believe there was a comment Miss Newman's letter about um needing to tweak the lighting to comply with your uh your Township ordinances and we would we would agree to do that that's really an overview of the of the application um I I'm I'm sure that the your professionals have additional comments but I can tell you that the remainder of the letters uh we would be um in agreement to conforming with and addressing and complying with the rest of the comments in those letters Mr chairman I have a couple of questions and it may have been testified to and I missed it but the new roadway is that going to be public or private it'll be private by the HOA that's actually a part of a condition of the settlement agreement you can ask question question and does the roadway have adequate spacing for street parking uh on one side and I believe uh your office suggested uh signage uh for the other side which we would agree to and also I didn't hear anything about I know we spent time at this at the initial hearing but the phase to ass assessment and the stained soil so my office isn't handling that but it's been reported to me that it has a case has been opened with d and that we will forward any future information onto the town and you agree to comply with all items in our technical engineering review yes I do the well with one I I don't want to uh I prefer not to do this in front of the board but there is one question or or suggestion to add inlets along um ramtown Greenville Road which in principle we're really not opposed to um just the issue is that uh as you've identified there's a kind of a long stretch there without any Elance and I'm just concerned that the could be a significant amount of runoff that would be brought into our site and into our stor Mort management system which could increase the size of the system in in the mobile Mr chairman we we're having issues in town relative to W basins their ability to function and Overland runoff on road so the suggestion was made to just try to capture some additional runoff given the gutter flow lengths on ramtown Greenville Road um I think there are other Alternatives that can be considered curb Cuts something to get water off the road I recommend that that be reviewed with our uh Township and Engineer's Office um and whatever he recommends should be what's implemented whether that's inlets that conveys it into the site or curb Cuts but um the goal is to capture as much runoff as we can what is a what is a curb cut mean and how does that does that how would that work for this site a curb cut would just give the runoff a place where if instead of continuing to flow down the gutter it would be able to flow Overland into the site and then kind of absorb into the land as it goes yes okay you have no problem with that no no no we agree that and what's the worst case scenario they got to make the basins a little bit bigger and we got to take down a couple more trees yeah I I don't think they're going to capture that substantial amount of runoff that's going to severely alter the design which is why my preference would be that inlets be added I'm happy to defer to Mr Yost in the township um because I don't think it's going to have a substantial impact but I'd like to have his input as well okay okay so again we're in agreement of course okay yeah do you have anything else Laura uh no Mr chairman I have nothing okay anybody from I just can I just go back on the tree removal um I did have in the letter a comment um so on one of your sheets it indicates 5118 of clearing but the other sheet sheet two and six indicates 6.05 so that's an acreage difference um and then with the replanting the reason why this uh image doesn't look like 450 trees I there was only 200 on there um I know your number say 456 but there's not you know that many trees showing on the plan okay so there's some discrepancy that has to be worked out out on that it is six uh and we will work all those numbers out okay but In fairness I mean if you have 200 roughly shown on the plans instead of 456 you may owe closer to 500 trees by way of contribution correct understod yes yeah okay okay okay go Mr mer oh yeah snow removal is done by the Association um the road's private the road's private it's up to you guys I guess yeah priv is there any formal deed timeline to how long the HOA will be responsible for the roadway I I I assume or imp perpetuity I I don't that's yeah that's what I would assume too yeah what's our that a condition I I don't think that's an unreasonable condition what we expected what's our attorney say about H what was the question it's their Road forever right right yeah well In fairness though I I mean yes that's what they're agreeing on the record it doesn't stop a homeowners association down the line to petitioning the town but it would have to comply with the municipal standards at that time and would be subject to all of the ordinances um in effect at that time right with the private road did they have to Grant um title 399 we should request that yes so you guys are willing to do that okay anybody else I mean I I'm just going to say it so it's been said I realize it's a settlement and you know we're trying to get along and all that good stuff I I don't love the fact that we're giving an extra lot now um just because cost to make improvements are expensive I I don't love that that we're bending that much okay I don't disagree just want to put it out there okay yeah okay where do we go from here I'm going to nobody else has anything we'll open it up to the public so um yeah if anybody from the public has any uh questions comments etc for the the applicant please come forward I like I was sitting on the floor fo dude on the Flor of us all right seeing that nobody from The public's coming forward okay I just have one last question and nobody going to close the public portion now so during the original application you know water storm runoff and all that stuff was a big deal we know that their base in on Michelle Avenue is at least they were claiming that it's failing really know because we didn't have any expert witness but that's what they were talking about they also made some mentions and even showed a a picture of the Middle School's Basin failing and actually coming across Michelle but over that one I I can't disagree with the guy had a at a photo I'm assuming that this this Basin setup is actually an even better design than the original one this is actually going to capture a large majority of the water and and do we know what kind of your storm this is proposing to collect whether you be a 100 Year 500 year it is proposed to be the 100-year storm there's other precautions that we've worked with your engineer the Overflow we've also designed it for the maximum amount of impervious that's not proposed today so we've we've tried to kind of do the belt and susp Spenders on this so so it's an impr would you say it's an improvement from on storm water management from something that we was presented previously I mean so the board members recall we had prvious pavement driveways before I'm just trying to get delated Basin we had I mean it was still an infiltration design and swes I mean this as was testified to had to comply with the newer storm water management regulations than prior it's designed to withstand the 100-year storm I think previously they oversized an infiltration Basin um yeah I mean I know some of it too is you know some of the complaints that were I'm just trying to get on the record that that this looks to me not being a storm water expert this looks to me like a better project is there any way to quantify that I I don't necessarily agree um that's what I'm getting I think you know you're looking at it cuz you're seeing three different detention areas that's a function of the newer storm waterer management regulations which are limiting the drainage area which can go to a basin so I mean if you look at it from that perspective it's more in line with current regulations but by way of what it's holding and the reduction requirements that has not changed but I think also to to get what Brian was saying is this is addressing almost everything that the residents on Michelle Boulevard were against because they didn't want driveways on their street they want wanted a separate correct if that's the question yes this answers and all of their concerns and clearly it did because nobody from Michelle Boulevard is here like they were prior to come and tell us any different so I I guess that would be but that's a different scenario than saying this is a better drainage design like the design addresses the concerns of the residents with respect to the driveways Etc right and I think what Laura saying say is the drainage is the same right okay minus the fact that it complies now with the newer regulations right but it is but It ultimately addresses all the concerns of the the design absolutely address overall addresses the concerns okay I think that's kind of so is there an opportunity then to make it better so that okay that's it that's this it we this is a settlement we've agreed to the settlement this is where we're at okay okay anybody else thank you can I ask a question about that settlement Jen because you said they agreed to 50% open space you guys agreed okay so the this board approved a settlement of 50% 40% oh 40 okay just wanted this design is represented of the settlement that this board approved okay y That's why I just wanted to check thank you yeah just before you do anything else this originally came in as Wadsworth Development LLC and it was going to be called ramtown Estates there is a ramtown Estates further down on ramtown Greenville Road so the name definitely has to be changed when it's built and I did talk to Mr Herbert about that okay so you're going handle that right all right yes yes so we're going to change it to luxur okay luxord Lu LX o r i mean if that's the biggest concern no I just I just wanted to make sure it was on the record that sure Oh no you're you're absolutely right thank you okay with that being said any other comments or questions from the board members nope then I will entertain a motion I'll entertain a motion to approve case number sd- 2998 I'll second Mr Cristiano yes Mr huster yes Mr Seaman yes Mr tanhouse yes councilman gazer yes Mr Mercer yes Miss Pike yes and chairman Bai yes motion Carri thank you thank you Mr chairman members of the board thank you board members thank you Mr take care I'm going to take a thank you minut going have to be seven we have to go downstairs seven minutes get all right you don't need it back on the record Paul has uh I guess for the record Paul has decided to leave left for the for the evening so I'll be taking over his chair um so the next application is case number sp111 kets Inc s good evening Mr chairman of board salvator alfery on behalf of the applicant um this is an application for a conditional use approval for a trade contractor's business we're in the hd4 zone and the trade Contracting use is a conditional use permitted in that zone uh Mr Panka who will testify momentarily will will testify that we meet all of the conditions of the ordinance and therefore at the appropriate board it's a small Mr kets and his wife are presid here this even if you have questions of them after we get through our testimony but he's it's a small business located in a relatively small building um there's about 2,000 square fet of storage space in the building and and it's it's going to be owner occupied with their business uh John Panka is our professional and we'd request that he be sworn in any testimony you're about to provide you where to tell the truth the whole truth and nothing but the truth I do all right John J plus con up personal engineer in ALA New Jersey um I've been before the board before I've been before many boards in Mammoth Ocean Middle s County for the last 50 years we'll accept your credentials thank you and Mr Panka uh we're going to be referring to the color uh site plan that's up on the screen that is 82223 823 okay and we'll make this other one a24 which was email to make the architectural rendering okay so John uh first can you describe for the board uh uh the use that the applicant is proposing for this property uh sure the uh Services provided by my client are specialized in that he provides directional drilling at different locations throughout New Jersey if you want to cross the parkway with the turnpike with a pipe you you don't dig up the lane you drill underneath the underneath the highway way and he does that directional drilling for airports for the turn bike for the parkway for the uh utility authorities throughout New Jersey doing that for a long time it's really specialized company so if you do need directional drill you got to see Kevin he'll take care of you he's worked for me a couple of times done some good jobs uh this is about a 5 acre piece of property on Route 33 it's about 200 feet from yellowbrook road which is to the east and there's single family homes uh to our to our left or to our East and behind us and to the right is the H uh H uh C C4 Zone also so we have commercial to our right residential to our left and we have a proposed uh building that's about 9,000 square ft that will be used for his facilities and it will also provide uh for his parking in the front the driveway to the back and storage in the rear uh the uh there's also Wetlands to the rear Mr Paka yeah looking at the area in the left rear corner are wetlands uh there is a detention Basin just to the right of the wetlands then the storage area in like gray and then the entryway from Route 33 uh and the building off to the left all along the residential homes is a 50t wide buffer that's planted uh from one end to the other from the wetlands to the to W 33 it's a 6 foot high burm with an 8ot fence uh for for privacy along with that burm for the residential uses to our East uh on the right side there's just a small landscaped area next to the commercial Zone and then we have Landscaping along the side in the front uh the area that's being utilized in the gray has two parking spaces for vehicles to be repaired has an area for Sor his pipe that uses on the jobs it has material material equipment storage uh nine spaces for pickup trucks and trailers an outdoor material equipment storage area and 13 spaces on the right side uh for the uh um fleet vehicles so we've arrange those things u based on his operation and he operates basically six days a week from about 8:00 a.m. in the office until 6:00 p.m. and then in the yard area he operates from 7:00 a.m. to 5:00 p.m. U for the employees who work in the yard to load the sound sorry I cannot hear a single word he's saying literally not a single word this is not working I mean you're just mumbling I can't hear you let me go back the office hours can you hear me is that now I can hear you yeah okay I'm sorry the storage yard has two spaces for parking vehicles for repair a pipe storage area uh on the left side for uh storage of of his gri pipes outdoor material equipment storage so what kind of equipment are we talking about um usually has a u well Mr kets is here so he can supplement with those I'm just asking are we talking Vehicles because typically we don't allow outdoor storage of vehicles on gravel typically we require the outdoor storage of vehicles on concrete in case they like leak anything it won't penetrate into the ground so what are we talking about in terms of equipment we do have vehicles parked back there J we do have nine pickup trucks with trailers and we have 13 fleet vehicles that we were asked to show where they'd be parked at um but the actual Outdoor Equipment I'll have to defer to Mr KT the property is served by a well and septic we recently had new testing done for the septic which with the Board of Health from the county and they found that the soils were good no water table K4 soil so I mean have we moved on from the storage I'm sorry I I don't I was not prepared to move on from that I'm sorry I'm not okay with vehicle storage on gravel so like can we go back to that I think that the if you're storing vehicles that could potentially drip whatever antifreeze oil whatever it needs to be on concrete but what was the purpose of the gravel and is it is it it's cheaper is it cheaper or is it just that we don't have enough imperious no they've calculated that into their previous coverage has nothing to do with it so if they concreted the whole thing they they basing everything else still works correct I mean obviously I'll ask Le I'll ask Laura but like that area was calculated as impervious but we don't typically allow vehicle storage on on gravel because and then and you know and then it's compounded by the fact that there's Wetlands on the site so it could potentially be negative impact there I don't think we should move forward until we get this resolved but I'll take it another step further we also had where other applicants with heavy machinery and so forth if it comes back with lots of dirt or mud or say it's Paving I don't know if this is or isn't but you know where where they may have other things in there we don't want rain water to kind of Wash It Away we have that to be covered covered paring so that that stuff is further protected from from any r so this is open an open yard which I don't take exception to the open yard but I do have concerns about storing vehicles on gravel and the applicant who I just called up has no issue Paving the area where the vehicles will be Paving is not cutting it s concrete cuz it will eat through the asphalt it has to be concrete said okay so the answer is we'll provide concrete pavement for the areas where vehicles are being stored and then the material that you're storing out there you're committing that it's not going to be stored at higher than 10 ft correct absolutely okay so you John you left off with the well and septic and you were going forward but before you leave that the the wetlands that you refer to in the leftand rear corner they've been identified through an Loi from the njd D is that correct that's correct the they're bound back behind the Detention Facility in the left rear corner and they're U being maintained as is with the required buffer go ahead continue please um we do seek uh some design waivers uh there's no Lighting in the rear there are six lights up front around the build building and in the in the entryway but the back since it's just just employees only there is no lighting uh maybe some security lighting will provide but nothing is shown at this time so we're asking for the waiver the driveway entry is 30 foot wide the ordinance indicates 25 ft or 5T wider because of the large trucks coming in and out uh we need the bigger entryway and NJ do has approved the entry way we do have a permit from the do on that excuse me can you just go back to the lighting for a second I I miss that Vari require waiver I'm sorry we're not we're not providing parking we're not providing Lighting in the rear storage area and anytime someone's not putting ligh again I don't see that as a problem what did our ordinance would require you to put lighting there's minimum fo candles for the entire site huh we have minimums for the entire site when they don't put Lighting in we don't meet the minimums I don't have a problem with not lighting the storage area but it's it's the okay I was just trying to figure out why overall you'll the um there's no sidewalk proposed for Route 33 there is no sidewalk on Route 33 but we would pay into the trust fund of sidewalk of $876,000 based on your ordinance requirements uh also there's trees being removed it's a heavily wooded site so that there would be a payment of $46,400 into your Township tree fund for the uh replacement of trees besides the trees we're putting on the property and and speaking of the trees um uh Sher has uh still has issues with the the types of plantings and other is isues relating to that and you would agree is in condition of approval to work with her to her satisfaction on the Landscaping plantings yeah we had met with Sher at the site uh she said try to save certain trees we would have to have them located to show them exactly where they're at we'll return to her and show her what we have and try to save as many as we can within the confines of this plant right so um let me just jump in on that so we had a meeting a while back there's some large Norway spruce trees towards the front corn left corner of the property um there's also a large uh Sycamore in the front by the house um and I had asked for those to be specifically located so then we could review to see if uh you know any minor changes would allow us to save some of those trees but that hasn't been provided yet so I you know I don't know if those trees can or not be saved Sher can I ask a question about the is your mic on I'm sorry thank you sorry the um trees in the front of the site especially the ones that will be closer to the entrance of the Ingress and egress is there any concern that those trees over time may cause any type of blockage if we've got large trucks the the the height of the driver is going to be a heck of a lot higher than a regular car and is will will they have any any issues with sight lines up and down Route 33 there I mean it does show I think this sight triangles on there on the plan and they are well behind it okay um but I will say just in terms of what Sherie had discussed about saving the trees that would impact the ability like they would need relief for the buffer in that corner of the like what is it the the left corner front of the property because if Sherie feels that those trees should be saved then we wouldn't clear them put the burm up and stuff like that in accordance with our buffer requirement so it kind of needs to be resolved in order for us to understand if a variance that's a variance a variance is necessary for that portion of the buffer which if Sher wants the trees saved I'm perfectly supportive of that relief but we need to understand whether that's the case or not okay well we will locate them we'll go see Sherry and if we have to come back to the board we'll come back to the board I don't think we can act on the application quite frankly because you would need a variance for the buffer so we can't give you an approval or whatever the board wants to do without knowing it and quite honestly how long ago did you ask for this so like this has been hanging for a while so it there's there's no reason why it hasn't happened yet I you know like I I get that the balance of the application is pretty straightforward but I don't know how you guys can act on an application when we don't know if a variance is necessary or not well the board could Grant just a preliminary and have them come back yes we could do that you're right absolutely we could do preliminary only and then you can come back after you get this resolved for final and if there's a variance necessary we could deal with it at that point we agree so John moving we as Mr said we have no issue with that um moving on this I mentioned at the beginning that this was a conditional use maybe May might be picking you can you guys hear him in the back you can no okay sorry okay I mentioned uh the conditional use in the trade contractor um standards can you you I I don't think you need to go Point by Point unless Jennifer wants to hear Point by point but can you stipulate that all of the conditional use standards are being satisfied and met and no relief is being required that's correct well you can't say that because one of the conditional use Crimean is compliance with the buffer so you cannot make that statement well the buffer we have no you don't we have a buffer if you're saving not for nothing John if you're saving those trees so this is a big issue because it's jurisdictional compliance with our is section 63 which is our buffer requirement is a condition of the conditional use you don't comply with it you don't comply with the conditions you're at the zoning board so I honestly don't even know how we get to preliminary until we have this issue resolved to be perfectly honest so the issue needs to be resolved in order to determine whether or not you're going to comply with it or can can you point to can you please point on the screen what where this this buffer and tree thing is that was it's it's in the issue is in the front corner yeah that's because of the residents that's to the side of it cuz our our requirements say you need a 50 foot buffer if you're adjacent to a residential zone or use that's a house right so they're required to put it there if they're going to save the trees and they're not going to comply with the buffer requirements because they can't build the BM to to then they need a variance which then kicks them to the zoning board and we think there's a reason to save the trees sh they're you know they're mature trees up front so aren't we creating the buffer if they want to tear them all down it doesn't matter it doesn't matter okay so I think that this issue quite frankly which in my humble opinion they were out there when it was hot outside so it's been months and months should be addressed and decided before the board takes action on the application fair enough because if they're going to save the trees and they're not going to comply with the buffer they're at the wrong board we don't even have jurisdiction well and and I mean I don't have an issue trying to work it out but we were we're not stipulating tonight that we're going to agree to go to the zon board I agree but I do think we need to work that out I'm not going to debate that I can't debate what happened in the past all I know is that we're not going to create a d variant and a use variant because someone wants to save one tree we but we'll look at it I I don't I don't know the extent of it I really can't comment beyond that but I I guess my my question is if if we don't have that answer we don't even know if you guys should be in front of us right we probably should like put a pin in this and then like work this out and I and I agree S I agree with you right you have the right to cut the tree down we're not saying you don't but we need to get this resolved and you know she brought this up months and months ago it still has not been resolved it needs to be discussed and resolved one way or the other before I feel like you guys can take any action because we may or may not have jurisdiction I I agree and I don't know if anybody else has I mean I I I don't I just have one other question sure the application in front of us is this for cutting down all the trees and putting a buffer up yes okay anybody else have any input well so Mr chair if you want to stop that's fine I think there might be some members from the public here we'd at least like to give them a chance to to participate yeah absolutely and and number two is um CH this could all be done in the winter right we don't have to wait for okay good okay well I I guess my question is I mean it's putting us in a weird spot right because we don't even know if this should be in front of the planning board or zoning board so does it go that far to take comment from the public I think it's a good idea because the comments from the public are going to be what they are regardless of they are but we're allowed to absolutely and I think that it's it will help the applicant you know figure out what they want what if and when they need to do anything so I idea have the planning board demons after me at night the the only question I have for optimistic it's going to stay here we have some new ordinances about hiding stuff in the back such as Auto like I know auto body shops you have to have in mechanic shops we have to have buffers and fences and Gates so that so that no one from the highway can see the stuff in the back is this do we have an ordinance that covers this in the up so the trade contractor ordinance is relatively new I think it was adopted sou what last year yeah so those items the conditions were identified this is not a permitted use as of right it's a conditional use with conditions so those types of things were evaluated and incorporated into the conditional use so they're here assumably compliant with the conditions and so we have the screening then because it's a conditional use we have an 8ot high fence um correct along both sides okay and tied into the building uh uh so that you couldn't see through what's that fence material proposed to be it's a it's a chain Ling fence with the with the slats slats on it yeah okay is that I believe we want to stay with that buffer I mean if we find one tree in that buffer for us to go to the zoning board uh going to I'm sure I'm going to talk to Sher about it we're going to argue not to say one tree because everyone wants the 50 Foot buffer next to residential 6t high 8ft fence plant it we did that for the whole side that we could up to the wetlands oh boy do we have any standards on the on the proposed fence I mean a chain link fence with slots on it with I mean obviously it's not preferred and we will get to it because I'm not I'm not loving that so my guess is that when this is all said and done it's going to be something other than a chain link f with slots yeah I mean especially with the proposed architecture 100% agree I think they're going to have to put some kind of board on board situation up but we're not there yet so why don't we just let them hear from the public and then resolve the issue with Sher and then we can reconvene like in the beginning of next year yeah s do you have anything else before we open it we we have some additional testimony but it doesn't pay the waste of time of the board if we if we have to overcome that one fundamental issue I'm pretty certain we'll be back here but yeah I don't disagree but I'm just saying like let's just get a result it's a friendly way of coming back yeah got it all right well at this time I'll open it to the public if anybody wants to come up and have any questions for the applicant and just try and speak as clear and loud as you can all right just uh good evening I'll just have the SAR in uh in the testimon you're about to provide you swear to tell the truth the whole truth and nothing but the truth yes I do all right please State and spell your name for the record and give us your address Tom bany b a h n y 11 yellow Brook Road my property backs up to this site and it's all swamp land it's wet it's a mquan tributory runs through there I want to what kind of buffer he's going to give me and what are they going to do to cut down on the noise now when I'm in my backyard I look at trees and woods if they come down well so where are you on that screen I'm on your I'm at the end of your property on your work Road at the top at the top so the corner you see the screen you see yeah I can see it so which property are you are you the this one or are you the one with the pool um no pool no there's actually no pool there either they took it down I think he's at the end of I'm next to that one all the way on the end 11 Yellow Book Road backs up to it Billy bars driveway runs right alongside my property so that corner you see the corner that's that's grayish that that area damn grayish I can see it a little bit yeah that's not being just here want this to see here I think on this side this one that area is not being disturbed that's wetlands and we can't touch that so no tree removal no disturbance of any kind okay so what are we going to do for sound it sounds like you guys are going to have the truck stack there big Pipes big trucks I sit in my backyard now and it's peaceful and quiet in the winter I could look at the woods even if the leaves are off the trees and the sum of the leaves are on the trees I don't see nothing but trees we can't put a fence on that property line because of the wetlands we could probably put a fence inside the wetlands well tell you what I'd rather have like six foot high Christmas trees all across the back of my property two Road stack it's what so I couldn't see what's going on back I think your back is Wetlands too it is Wetlands it is right you have to put it on my property we're not allowed to touch the wet I'm saying you'd have to put it on my property off the wetlands in other words 50 60 foot 75 foot on my property so this is a permitted use we can't force them to put improvements on someone else property what are they going to do to block the noise and uh it's permitted use as I said so therefore they have to comply with the noise requirements in terms of the deciel level the consistent noise during the day during the night but other than that there is no requirement within the township of them to have no noise whatsoever it's a permitted use yeah and the board cannot Grant relief for the noise they're uh have to comply with the state regulations ends there yeah comes over fence going the fence my property no the fence ends at the Wetland so the fence would end here that's where I am right there I understand so the only thing I was suggesting to Mr Paka we'd have to look at is can we put a fence between the wetlands and the Basin to kind of close off that area and where's this Basin right here yes oh Billy Bo is going to love that I don't know who he is but he lives right behind it Oh Billy Bo that's going to be crap now they're they're designed differently but we could look at that I I don't know if it would work but we could try okay yeah well I sure help I'd like it if you could do something for me we'll look at it we'll be back so we'll definitely have time to look at I'll come and meet him and Mr if you leave your phone number Mr can meet you at the site all right be happy to do that be happy to do that you have anything else sir no that's good okay I think you ought to talked to Billy bar he's kind of sick I'll give Billy bar a text later I I don't know who Billy bar is but I've been there 65 years the township screwed up the road that's all dump trucks all day long I'd rather not the woods get screwed up behind me now 4 you got your sight thing I'm 177 lot 177 block you got it in that all right is there anybody else from the public that would like to speak all right close that section Mr chair could we carry it to the reor meeting and then for scheduling and then figure out the date from there yep sure I know you can't do nothing with the Wetland you can't okay you can't do nothing on my property which is probably 50 75 foot Mr contact you I just want something to block the noise I CL yeah um so we could uh just carry you to the fourth you be heard that night or schedu G have time to work it out how bigger the truck be wait wait wait all right all we close this session sure so if you want to maybe after the meeting yeah thank you I don't know if we happen have what's the date January 4th Thursday before we agree to anything I got a feeling I can't do it any no no all right so it's for scheduling purposes only purposes only that'll give John and Sher some time work and then you'll get with me for a date to carry it that before that date and I just need an extension of time then as well extension through the end of January is that good for now all right so the App application of sp111 kemet's Inc will be carried to the boards January 4th right J January 4th meeting for scheduling purposes only uh all uh documents are still available in town hall during normal business hours and that's no further notice correct and yeah that's no further notice to a property owner so if you got something in the mail this is your you won't get another one this is your notice here thank you all right right thank you all right the uh the last application of 2023 case number SD 3012 391 Oak Glen LLC this is a minor subdivision with ancillary variance and design waiver relief before we do that do we have time to go back to that res oh yeah yeah yeah let's do that I apologize um right I just want to try yeah so there was one that Mr tannan house um we we skipped over the resolution for case number sp110 Howell 360 LLC it's a resolution granting preliminary and final site plan approval with ancillary variance and design waiver relief eligible voters Cristiano hauzer tannin housee gager Mercer and Pike and Brian Mr chairman I appreciate you uh indulging me and and letting me take a look at the the resolution I've reviewed it the only comment I have is for Council on page 13 item number three says the applicant shall provide ballards or other pro pro protective devices subject to review and approval by the board engineer and board planner this was specific to the the Ballers because they had head-on parking into their uh clubhouse area okay does that need to be more specific or is that general statement enough to to get the Ballers to be the general statement is enough again it's going to be reviewed by uh Laura okay anyway so fantastic and I have no further objections I will entertain a motion and I'll make a motion to approve the resolution sp-110 second Mr Cristiano yes Mr panhouse yes councilman gazer yes Mr berer yes Miss Pike yes and chairman huster yes motion carries thank you okay so S I already introduced this application the floor is yours again thank you U this is a minor subdivision application the uh property is a little over 12 acres properties is in AR 6 zone 6 acre minimum both Lots meet the minimum lot area but there are bulk variant relief um there is bulk rat variance relief that will be required our engineer planner is Mr Tim luri I'd like to have him sworn in please yep all right the testimony you're about to provide you swear to tell the truth the whole truth and nothing but the truth do all right and Tim would you place your credentials on the sure I'm a licensed professional engineer professional planner and state of New Jersey I've appeared in front of this board before Tim you're good thank you thanks just make sure you speak to the mic so I can thank you okay um e what do we have up there uh this is your is it Mark did he oh I'm sorry hold on there's another one I was busy doing the that's the one with the two on your foot buffer sh there should be what else is on that drive that's on the drive I don't think I have that one that one just shows whe we put the 200 foot buffer on for the stream Corridor it's basically the same yeah work off the first yeah let's work off I can work off that first minor sub they'll go back to um just the minor sub by itself without the houses shown on just so I can talk about the existing and Etc sheet yeah that sheet right there blow that up all right so Tim that's page one of A5 right can you Orient the board as to where this property is located and what we're proposing sure this property is located on 391 Oakland Road I have a pointer but I don't want to go over your your head you could move over here if you want there's a another microphone over here microphone over here if it's easier get that far my working there it goes sure that better should be better yeah yeah there we go just you have that mic so sure thank you okay the prop as I stated it's located on 391 Oakland Road the property consists of two lots today which is lot 3 33 which is which is a landlock lot which is 5.3 acres and then we have we have lot 41.0 one which is 6.9 Acres there is a existing driveway easement that runs through the two lots and connects to the rear of the property the site is mostly wooded there's an existing house structure here which will be removed we have a stream that's located on the Northern portion of our site we also have Wetlands which are located on our Northern portion of the site which we have an L from d with a 50ft Wetlands buffer the site what we're proposing to do is is make both make two new lots of these existing two lots by reconfigure them both to be one 6.2 acres and the other one 6 Acres that both front Oakland Road we're going to keep the driveway easement that runs through the property and each lot will have a septic septic and well if we can go to the next sheet that shows the houses and I can get it to the proposed stuff sure sure I can use this one the as you can see we're we're going to we're located in the AR6 Zone we have a minimum lot area of 6 Acres we have lot 3301 which is 6 Acres then we have lot 3302 which is this lot which is 6.2 Acres we have a lot with is that compliance with our ordinance Tim yes it's a six acres Zone area yes are yes if I could Mr chair just to cut through this so the one lot that has the driveway easement that goes to the back has uh requires a variance for depth because they're at 335 uh and they're not compliant in that regard what would be compliant if you that's this lot has a locked up oh this the the V right oh we need 400 feet 4 and then the one with the driveway has a coverage variance whereas we permit 5% they're at like 6.7% but if they remove that access easement which they need to continue to provide they would be compliant so but they they need to continue correct that's correct other than that the only thing that they need they request a waiver for sidewalk which I am opposed to I think they should put in the sidewalk which would then require some Street trees but other than that it's two compliant Lots it makes the situation better so I would request that they put in the sidewalk and the street trees we Grant the relief for the coverage and the depth and call it a day what's what's the sidewalk situation over there now well it's incrementally happening no I I agree with you Jen it's incrementally happening on Oakland so like slowly but surely sidewalk the missing links are coming in correct it so we need to keep we need to keep the momentum going counselor what's your we we have no issue with that and um to to shortcut the testimony um we also have reviewed the reports of that issued by all of the Town professionals and board professionals and we have no issue complying with all of their comments so there's really no issues that are open um we've stipulated to everything um we believe you know the variance relief is Justified and it's a certainly a far better I'm providing planning test now but it's a far better I'll provide it I'll provide it okay this is a far better alternative than the current like it's two lots to two lots right this is a way better configuration than what's existing and the relief is based upon the unusual configuration that one lot on the depth and the necessity to provide the access to the rear so there's more than enough justification for those variances and again I would ask for and I think s youve agreed to put in the sidewalk in the street trees so other than that there's no relief so unless Laura has something to and Jen the only place we can't do the sidewalks is where I guess where that stream is Right 100% understand but otherwise yes the only thing I would ask for is that the um subdivision should the board act favorably be filed by map yes we'll file by PL but other than that there's really not much to this anybody from the board any questions got my answers what are the public anybody from the public yes sir good evening SE in the testimony you're about to provide do you swear to tell the truth the whole truth and nothing but the truth yes I swear tell the truth just say St and spell your name for the record and provide Ser your address my name is Sean Conley It's s n c o n n e l l y and my address is uh block 41 lot 32 on the rear of Oakland Road I share address uh I don't have a street address at currently so I'm I'm lock uh lot 41 lot 32 got it I got you my uncle over there got it got it he's the other he shares the same understand boundary understand so I'm just have a few questions in regards to uh my wife and I we were never notified of any of this that was going on I just kind of came across through a neighbor that uh that we share uh they were served papers we were not uh so I just had a couple what block and lot are you uh what lot I am lot block 41 lot 32 what you're Sean right yes all right yeah certified letter was sent to you whether you went picked it up or not I can't say well your mailing address is in Belmore it is yes so they're only obligated to send it they're not they're not required to make sure you okay be that as it may I understand that I'm just saying that tonight is the first that I'm hearing of this yeah so uh I just have a few things that uh I would like some clarification on uh it says here um that they are uh subdividing I understand that they're trying to make compl liance with the one lot that is not uh uh it says a twostory uh two-story dwelling uh what is the definition of two-story dwelling the house a two story house that's that's the definition is it just like single like a it's a single family house two story house yes and and the house itself is not designed yet these are just illustrative of what can potentially go there but it has to be a single family house nothing else is permitted in that correct okay um so in I I have um I see kind of where the lay the layout of their proposed um the dwelling and then their pool house and pool uh the basketball court um are those set in stone or or they have the opportunity they're not set they're not set in stone they're that's just illustrative whoever buys this lot yeah is going to put what they want on it and if they don't comply with whatever relief or with with whatever requirements were basically just my concerns I understand they would have to go to the zoning board at that point as a single family home with variances to put up whatever they want however they are by providing access to your property their coverage is over what is permitted if the D if that driveway back to your property wasn't there all of this would be compliant so they're just trying to provide an opportunity for whomever were to ultimately buy this property and then develop it to have I mean it's a six acre lot so they're able to put a number of stuff on it and still be significant distance away from you and your neighbor Etc but there's no proposal to construct that right s this is just illustrative correct for an example well that's again as I said I'm just trying to get some gain some clarity on what's moving forward um so is it am I to understand that the West portion of this proposed two-story dwelling is facing Oakland Road is that both both Lots would have access directly onto Oakland okay so is this is this portion right here is this the proposed driveway going off the dirt Lane no one's going onto your driveway I didn't that's not what I asked oh I don't know I don't understand your question so what I'm the question that I'm asking for clarification is currently right here is the existing houses there here's the posed uh dwelling right two story dwelling this right here is that what that says right here okay so we need to get this for the record so you need to be a little bit more descriptive based upon Tim's going to point to it that that's that's the proposed twostory dwelling that's correct thank you so I'm asking driveway on that wall That's facing Oakland Road of that proposed two-story dwelling is that going to be the front of the house we don't know no we have the we have the front of the house right here that's what that's what I was asking for cl but it's illustrative it's not set in stone whoever buys that house buys that lot so what happens is for the zoning board no they don't they will just pull a permit to build a house oh and change the orientation to whatever they see fit correct okay so that's what I was asking further into the lot too right correct all right so basically it is what it is okay all right than I thank you for your time why can't build here is there anybody else seeing none close the public portion um does anybody from the board have any questions Laura Jen Sher good so any that's all we have Mr chair we request that uh the board Grant the approval well I closed the public portion but T the season I guess thank you I apologize as I walked away it po into my mind uh so on on the proposed two-story dwelling that we uh were talking about on the rightand side of the illustration here um are they are they responsible because right now it's a dirt Lane where Oakland paved Oakland hits the dirt pavement uh are they going to be responsible for putting a uh maybe like asphalt or something like that I think so so that uh it's whatever the it's required from the building department U we just have to apply for a building permit and determine what they're so so the requirement is that they have an apron out to Oakland Road and like a certain percentage a certain distance off the road is paved beyond that no so the potential current owner will be responsible for that I'm just asking for clarification I would think probably right yeah I I don't know if he has an access agreement I don't know I mean is there an access agreement for utilization of this driveway there's an easement he has an easement we don't know the terms of that easement so that should speak to who's responsible and how it should be maintained but I could say that any improvements that are required as a result of construction of a home on that lot this applicant would be responsible for or whoever buys that lot or whoever bu whoever builds that house we have no issue with that oh just okay perfect well I appreciate the clarification thank you for your time thank you okay do it again all right I still want request that you approve the application thank you so um all right see you entertaining a motion I am okay I'll entertain a motion to approve case number sd- 3012 I'll second did you see Cho yes Mr Sean yes Mr tennon yes Council G yes Mr merer yes M Pik yes chairman here H yes motion carries thank you um any Master Plan update no sir okay happy holidays everyone too to you well thank you everybody for a great year and thank you to Sher Jen and Laura as always we need to thank Mr Seaman for Mr Sean thank you for many many years thank you very much for your service and I hope everybody has a great holiday season stay safe and U see everybody in 2024 motion to close so moved second Merry Christmas thank you very much everyone