e e e e e e e e e e e e e e e e e e e e we're going to call this meeting to order please stand for the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all good evening ladies and gentlemen pursuant to njsa 10 col 4 the open public meetings act notice of this duly and regularly scheduled meeting the Jackson Township Zoning Board of adjustment has been published and posted in all appropriate ation roll call please Mr Hurley Mr Stafford Smith here Mr book here Mr Hudak here miss Parnes here Mr Hyman here Dr halstein Miss FR here miss Bradley here do we have any resolutions this evening no we have no resolutions tonight and do we have any this evening no we do not okay we move on to payment of the vouchers I have a voucher from the township of Jackson for the recording secretary for tonight in the amount of $175 I need a motion and a second please move to approve roll call please Mr Hurley yes Mr Stafford Smith yes Mr bck yes Mr Hudak miss miss parz yes Miss FR yes Miss Bradley yes uh would you like to swear in the professionals Mr Murphy no okay thank you for raising your right hands gentlemen do you solemnly swear affirm that the testimony information questions or comments they about to present before the board will represent the truth the whole truth and nothing but the truth yes yes if you would each please State your names and positions with the board Evan Hill Board engineer Ernie Peters board planner Jeffrey paoro zoning officer thank you Mr Murphy do we have any announcements this evening yes we do we have several announcements okay so as it relates to this evening's calendar um application number one danra Excavating LLC use variants 3458 block 21401 lot 52 that application has been withdrawn by the applicant and a uh resolution of withdrawal will be um will be drafted by myself for approval at the next meeting um application number two Rosen Bloom variance 3464 block 13301 Lot 19 uh that application is being carried to the August 7th 2024 meeting of the Jackson Township Zoning Board of adjustment no additional notice will be required we also have announc announcements related to um our next meeting our next meeting is scheduled for May 1st 2024 that meeting is being cancelled um the two applications uh that were listed um on the uh May 1st agenda are being carried uh the first application uh on the May 1st 2024 agenda was is Al burn bom use variance 3490 block 14001 lot 9 that application is being carried to the August 7th 2024 meeting of the Jackson Township Zoning Board of adjustment no additional notice will be required and the applicant has waved time uh that's also I should have mentioned that for uh Rosen Bloom which was number two on this evening's agenda that's being carried with no additional notice the applicant also wav time um and then application number two on the May 1st 2024 agenda um is being carried um excuse me for just a minute while we find that um I believe it's being carried to the August 7th as well no application 2 on May 1st oh strike that that is being withdrawn okay um apparently that has settled that went before the planning board that matter that was before the zoning board has settled that application has been withdrawn and a resolution of with uh of withdrawal will be prepared by myself for um memorialization at the next meeting um so that concludes the announcements this evening again there we will be no May 1st 2024 meeting of the Jackson Township zoning Board of adjustment oh uh with regard to this evening's um agenda uh being that application one was withdrawn and application number two was carried um we only have left application 3 four and five due to the nature of these applications um the uh chair of the board has determined that application four and five will uh go forward uh prior to application number three so the agenda is being switched around a bit uh application three will now be application five uh four and five will move up uh to three and four um so that will conclude the announcements for this evening and no matters for discussion correct that's correct or administrative approvals all right so we are going to move to what is listed as application number four uh applicant is Marcy janura variant 3491 block 1401 lot 11 Madam chair members professionals my name is John pul Doyle I'm an attorney in this County for 55 years so when I found out I was going to be made one I figure was just a concession to my age that I got to get home before dusk I thank you uh I represent the applicant in this matter she is the owner of Lot 12 11 in Block 1401 it is a vacant 1 acre lot Marcy has owned this lot since 1992 the lot was part of a three lot minor subdivision approved in 1987 at that time it was fully conforming no variances were sought that was acknowledged in the resolution ution as a part of the R40 Zone however we're here because 23 years after the Zone was changed from an R40 to an R1 Zone the difference on this lot was that the width requirement of 100 ft in the old zone now became 150 ft so that left her with a bit of a heart hardship so we come here tonight taking note of the fact that the area has grown and developed somewhat and most of the homes in the area seem to be unlocks that are less than 150 ft the applicant wants to build a conforming use a single family home consistent with the master plan consistent with the zoning ordinance but for the width requirement the single family house uh that you'll see on the screen of about 2400 2500 square foot will conform with the neighborhood more than that it will conform with the zoning ordinance the coverage for impervious and for the structures are much less when is authorized the house would meet all of the setback requirements so while we did not think it was legally required we even send out Buy sell letters as Mr pet mentioned and got back responses that there was no interest in buying or selling th we have what I think is a classic hardship case a hardship that can only be remedy and is acknowledged to exist and allowed to be remedied as a c variance we think that we could prove both the C1 hardship and the C2 a better zoning go alternative but that's obviously going to be the job of Matt Wilder who's handing out the uh documents as I speak um so I've gotten to the point where I'm going to say I'll now present Matt Wilder a professional engineer professional planner to acknowledge hopefully that what I said was accurate and give you the legal and factual detail that would allow you to approve this application thank you very much thank you for raising your right hand Mr wer do you swear or from that the testimony information questions or comments that you're about to present before the board will represent the truth the whole truth and nothing but the truth if you would please state your name uh provide your affiliation and credentials he's obviously not a sound engineer went this one thank you again Matthew Wilder w l d r I'm a licensed professional engineer and planner in the state of New Jersey um I also happen to be a licensed professional engineer in New York and Pennsylvania I have been before both the zoning and planning boards in Jackson on numerous occasions as well as 60 municip IP alties on probably over 300 applications Mr wer this board accepts your credentials thank you thank you so Mr Doyle testified to or spoke to much of what I'm going to testify um this is a pretty straightforward application and a somewhat unique in in the sense of of how time has has treated this property so we are here for aarian to allow us to build a single family home and the variance that we're seeking is simply for lot WID all other bulk zoning standards impervious coverage building coverage front rear side yard setbacks all of that will be fully compliant so this property was subject to a subdivision back in the 19 late 1980s at the time the property was located within the R40 zoning District the subdivision was approved and recorded in March of 1987 as a fully conforming subdivision no variance relief was granted fast forward to 2024 and the property is now located in the R1 Zone this was based on the fact that the R1 Zone was established in 2010 and while there were many similarities between the R40 Zone and the R1 Zone one of the distinct differences between that zone is the lot withd requirement the R40 Zone was 100 100 ft and the R1 zone is 150 ft so that creates the hardship in the sense that the the property when it was created was fully conforming and there is no adjac the properties on either side are owned by different individuals there's no land available for purchase um so the property truly is a is a hardship condition where it is stuck with what it has it's a it's a lot uh condition that can't be improved upon so before I delve into the standards for the hardship variant I did just want to give a little bit of a of an overview of the plan as we've designed it so the house that you see on on the variance plan prepared by my office is about a 2500 foot house it's very consistent with the area it's a two-car garage with a two-car driveway has a small deck in the back a small covered porch in the front in order to construct the home we're proposing a disturbance of about 18,500 Square fet only about 42% of the property is proposed to be disturbed to accommodate this the remainder will remain wooded and if at some point a homeowner wants to put a pool in they would have adequate room to do so from a Improvement standpoint there's not much for a single family home to discuss we have a driveway we have a home we have a deck in the back um but I did want wanted just for the sake of having a complete record uh review Mr Hills letter dated 41524 and while we agree to make the changes as outlined within Mr Hill's letter I did just want to pull out a few comments as it relates to comment number two we will at the time of a plot plan design a drywell for the home comment number five discusses curb and sidewalk there are no curb or sidewalk on this side of gondre Avenue so we would be asking for the waiver to install them but would agree to contribute Into The Pedestrian safety fund um and then the last comment was number eight which talked about soils testing to substantiate the design of the basement we certainly will provide that at the time of plot plan um we also need to provide Board of Health approval which will require soils testing for the septic system so we take no issue with that comment and we'll provide the requested testing so as Mr Doyle had mentioned and and myself as well we are seeking this variant under the C1 or hardship variance criteria so 40 colon 557 C1 states where there is a unique or exceptional situation affecting a property a variance can be granted these conditions can vary it could be a exceptional narrowness of a property the shallowness or a shape of a property it could also deal with an exceptional topographic condition what you have here is a property which was subdivided more than 35 years ago and had existed up until 2010 as a conforming lot when the R1 Zone was created and this property was placed within that zone what you created was a a lot that no longer comported with the bulk zoning standards due to the lot WID this meets every definition of of a hardship variance um again Mr Doyle indicated we did buy sell letters to the neighbors to see if they wanted to buy or sell all or portion of their property or buy or sell all or a portion of our property the answer was was no um so denial of these variances would effectively render this property non-buildable especially when you consider the fact that the design of the property is fully conforming again no bulk no relief is being sought for any bulk variance conditions so I I believe this is as clear-cut a a hardship variance as as there is um I do have some information on some of the surrounding properties if the board would like to see that we have an exhibit we prepared that shows just how many of the adjacent properties are similarly owned or or similarly sized I should say and while this doesn't necessarily speak to a C1 hardship variant um I think it is relevant just to realize and to look when you look at the homes that were built in this part of town many of them date back to the 70s and 80s when the R40 Zone was in place you it's not surprising that many of the homes have a 100 foot or or many of the lots have 100 foot lot width so I simply provide that for context just so the board understands that what we're proposing or or what exists is not out of character with the neighborhood similar to the fact that the house is not out of character with the surrounding area um so again just sort of for reference you know as you can see what this exhibit shows is it shows the Zone boundary line between the R1 Zone and the R20 zone I'll Focus my testimony on the R1 Zone as that is where the property is is located all of the yellow hatched properties are all properties that have homes built upon them that are deficient in lot width the standard in this part of town is that the homes have less than 150 feet of lot width and again that is based on the age of the home the age of the subdivisions and the fact that the R40 Zone permitted 100 foot in width so again I just provide that as sort of a point of reference um but I'd be happy to answer any questions at this time you're satisfied that based upon the terms of hardship is defined in 4055 dc1 we meet that absolutely and even where we to look at C2 this is a better more consistent zoning or a alternative that's correct when when you look at the the C2 zoning proof and you look at some of the goals and the purposes of planning um one of the goals is an appropriate population density well the R1 requires single family home to be built on one acre lots what we have here is a one acre lot um one of the goals is to advance uh provide an aesthetic upgrade I think new homes absolutely bring value to the streetcape they have your typical amenities and if you see the architectural plans that were passed around we even show us a stone veneer on the front of the home it would be a very attractive home and would certainly uh either complement or exceed some of the Aesthetics of other other homes in the area so do you think those benefits outweigh any detriments absolutely I see no real detriment from the grant the variants that we're seeking this is a single family home single family Zone and we want to build a single family home surrounded by other single family homes this is where this this development should be placed as a planner do you have uh a thought on whether there would be substantial detriment to the Zone plan zoning ordinance public good that is the negative criteria correct I see no detriment to to the public good I do not believe we impair the intent or purpose of the Zone plan or the zoning ordinance when you look at the of this property um the the timing of the zone changes I I I I believe this variance could be granted under either the C2 C1 or C2 variance criteria Madam chair that's our Cas subject to questions from you the board or the professionals or any s okay um so we did prepare a report dated April U 15th the applicant is in IND at that he's uh I guess generally willing to comply with our comments uh just one note and it's it's more processed The Way We The Way We the way we close out these types of applications through resolution compliance is uh part of resolution compliance for for the revised drawings are is also the preliminary engineering approval for building permits so everything that you were hoping to defer to plot plan later needs to be be part of your resolution compliance submission so your your Board of Health approvals for well and septic design and so on all get submitted as part of resolution compliance sure we have no issue it actually streamlines the process we found it streamlines the process nicely um also test pits that kind of thing uh for the board they're proposing well in septic um they are in this case it's a 1acre lot uh historically on undersized lots for the Zone we have asked for alternative treatment units to be considered uh in this instance it's not an undersized lot uh it has it has sufficient lot area just doesn't have sufficient lot width or Frontage so in this case a conventional septic system would be in my opinion appropriate they're not you know they're not building on an undersized lot for the Zone uh it based on the lot layout there is sufficient area for a conventional septic system and I I just make a just a an just a observation here it's it's a five-bedroom home correct it's a five-bedroom home um and there's a it says with a basement we didn't see any basement plans but I'm assuming it's an unfinished basement so at the time at the moment it's unfinished but I I hopefully the board would understand that buyer of the property may elect at some point in the future to finish the Bas so a future finishing is is different than coming in with revised plans that shows a fully finished basement and then a septic system for 10 bedrooms so that that's that's different right so what whatever happens after the approval process that's between the building department and the applicant but for this for this application it's a five-bedroom home the septic system will be designed for five bedrooms correct okay all right and you're proposing at this point an unfinished basement correct okay perfect thank you Mr Peters thank you madam chair um Mr Wilder I don't know if I missed it or you didn't talk about the um existing and proposed Frontage improvements along the street yes so at at the moment we're not proposing curb or sidewalk along our Frontage we do agree as part of the waiver to contribute to The Pedestrian safety fund on our side on this side of gurav west side west side of gber Gab there is no curb or sidewalk so I I think the waiver is appropriate the driveway would had the track yeah as it relates to the driveway there was a request that we add a concrete apron and we will provide that and the the driveway is proposed to be an asphalt driveway thank you um Madam chair I believe Mr Wilder's given testimony sufficient for the board to review and approve the um bulk variants for the undersized lot thank you thank you any questions from the board for this applicant or his professional approval based upon the C1 or the C2 or doesn't make a difference since I'm not an attorney I'm not as confined to saying it doesn't matter um I think if the board feels strongly about one or the other it's an existing condition that they can't fix so the my limited knowledge of the case law is that if we were to deny the application we would put the property into inutility or inversely condemn it so from that perspective um if Mr Wilder or Mr Doyle want to specify which they want to go for for the record so the board can correctly note it in the resolution should we get that far then that would be that should be done does anybody want my opinion yes please okay I always like to ask you know I don't want to provide unsolicited advice uh in all sincerity uh you know this is a undersized lot case um if you were to ask me if there was a hardship here that would been identified by the applicant I would say absolutely um personally I I I tend to uh think that for undersized locking cases the C1 variance is more appropriate than the C2 um that's not always true um I think the applicant has set forth a basis to Grant under C1 or C2 but again this is a an undersized law case and and and I think the stronger argument here would be for the C1 variants that would be my opinion I don't know if the applicant wants to elaborate or correct me or agree or whatever but it's their case so do we consider it under siiz lot or lot W because it meets the acre so is it technically it's I mean they're deficient in in lot in lot width right so you know I mean while it's not technically an undersized lot for the Zone they are they they do need a lot withd variants because they're deficient in a certain aspect of the lot area which is lot withth Mr Hurley I I just have one question I've heard five bedrooms but I'm looking at the plan I only see four bedrooms did I miss something here we conversely I thought it was me good doesn't have a closet so the fifth bedroom would be what is shown on the office on the first floor it's sort of an optional bedroom it does show an area in the back corner as shelves that could easily be converted to a closet um so it's sort of an optional bedroom some buyers may want four bedrooms with the office some may want the fifth bedroom right would that impact the um septic system we're designing the septic system for five bedroom so if it comes back with only four the septic system would be slightly oversized and it should also be noted that from an off parking standpoint we also have enough parking for five bedrooms so if we have four bedrooms we're slightly overp parked as well all right thank you any additional questions or comments would you like to make a closing statement before I open it to the public um I think uh the case proves itself doesn't need any further wording with respect to the question ask why counselor Mr book I uh it's like a boxing match whether we win by a knockout or a split decision it's still a win and uh if it's probably easier and I appreciate what Brian's comments were about the that's a more objective way of approving it than subjective discretionary way of suggesting it's a better zoning alternative so however it's written we'll take it thank you okay I'm going to open this to the public anyone wishing to come forward and make a comment about this application and the testimony you've heard tonight seeing no one come forward I'm going to close public session uh board it's up to us for discussion and a motion if possible yes Mr Bo we have a motion a second I agree that uh based on what Mr book had indicated that it's a C1 VAR clearly a C1 variance for hardship I I would second that motion have a motion on the second call please Mr Hurley yes Mr Stafford Smith yes Mr book yes Mr Hudak Miss Miss Parnes yes Miss FR yes Miss Bradley yes congratulations thank you very much we are going to move forward to what was number five on the agenda Karen mandelle that's variant 3492 block 1401 Lot 12 Madam chair members and professionals I have the uh privilege of representing Miss Mandel on Lot 12 uh to save the most time possible for the board of Mr fe's application I won't give you the opening statement I did other than to note that it's all the same except a different lot next door so with that said thank you uh I know that the record must have factual testimony and legal conclusions that I'll leave to Mr Wild without reference to the Past application but on the specifics of this life would you testify as the why the variance ought to be granted of course thank you for raising your right hand do you Solly swear or affirm that the testimony information questions or comments that you're about to present before the board will represent the truth the whole truth and nothing but the truth yes I do one more time please for the record uh please state your name uh your affiliation and your credentials sure Matthew Wilder w lde r I'm a licensed professional engineer and planner in the state of New Jersey I've appeared before this board on numerous occasions as well as other boards across the state I think it's safe to say this board accept your credentials thank you I I always like bragging about myself I'll be honest um so the property that we're here for this evening is Lot 12 within block 1401 it's along gomberg Avenue this property was subject to a subdivision in the late 1980s when the property was subdivided in the 1980s it was part of the R40 zoning District it remained that way until 2010 where the property was then converted to the what was new in 2010 the r 1 zoning District the R40 zoning district and the R1 zoning District had many similarities but probably the most glaring difference was with respect to lot width the R40 Zone had a lot width requirement of 100 feet whereas the R1 Zone had a lot width requirement of 150 ft so we have here this evening is a property that was subdivided and at the time of subdivision was fully conforming uh it was conveyed to the current owner in 1992 and had been a conforming lot for 18 18 years and then when it was rezoned in r10 the issue arose that the property was no longer conforming due to a lot with uh uh deficiency so what we're here proposing this evening is to obtain a lot with variants to allow us to build a single family home um I have the variance plan on my board just to quickly give an overview of what we're proposing it's your typical construction for a single family home we have a home that's approximately 2500 square fet five bedrooms serviced by well and septic it will have a asphalt driveway uh we will provide a concrete apron at the street as was requested by your professionals we are not proposing any Gerber sidewalk at this time so we are requesting that waiver but we will provide contribution Into The Pedestrian safety fund um within Mr Hill's letter of April 15th there were several items that were requested such as adding a dryw which we will provide um I talked about the the waiver for the curban sidewalk and then number eight uh within Mr Hill's letter discussed the requirement to provide soil borings and soil tests to substantiate the elevation of the basement as I understand the resolution compliance acts as preliminary Engineering in the township of Jackson we will provide those documents on a revised submitt uh with all the including the Board of Health approval soil erosion approval as it will streamline the process so really what we're seeking tonight is a variance under the C1 or hardship variance criteria 40 colon 5570 C1 states where there is a unique or exceptional situation affecting a property a variance can be granted these situations can vary it could be that the property is exceptionally narrow or shallow or it could be that the the shape of the property is is awkward it could also be that there's an exceptional topographic the condition affecting a property what we have here is that a property was subdivided 37 years ago as a conforming subdivision but due to his own change is no longer conforming um we did offer Buy sell letters to our neighbors and none of the neighbors wanted to buy or sell all or a portion of their property nor did any of the neighbors want to buy or sell all or a portion of our property so what you have is you have a condition that cannot be improved which is the quintessential hardship this is about a straight a hardship application as as you'll find um we are consistent with the neighborhood I will just note that there are many 100 foot wide Lots not necessarily relevant since we are seeking the variance under the authority of the C1 or hardship variance criteria but I think it's it is important to note that we are consistent with the neighborhood both in the size and shape of the lot as well as the size of the home I think it is important to know that we're not going to be an outlier in this part of town so with that being said I would respectfully request the board Grant the variance that we're seeking under under the C1 or hardship variance criteria thank you you're satisfied that we meet the negative criteria of not doing substantial judment in zone plan zoning ordinance public could that's correct um I have no further questions I'm glad to see he's a fast learner um he did say that we're going to take the resolution of compliance preliminarily I'm a fast learner I'm not going to talk about C2 I hope it'll be approved thank youlead same question fifth bathroom fifth bedroom so with this home you don't have this you don't have a configuration where there is an optional office on the first floor what I'll point out is on the second floor you'll notice that you have uh a vaulted ceiling for the living room on the first floor so the second floor is open to the area below in order to accommodate a fifth bedroom that would likely be closed so your your your living room would not be a two-story living room and a fifth bedroom would be there again we're we're designing everything for five bedrooms in the worst case scenario to make sure the septic is large enough and to make sure we have adequate off street parking again it's very much a function of the buyer of the home so if the buyer wants a fifth bedroom that would be an Avenue where we could provide that fifth bedroom if they only wanted four bedrooms and they wanted the cathedral or or vaulted twostory uh living room ceiling then that would be that but we wanted to design everything as it relates to this project for what I'll call Max buildout to ensure we didn't have an issue with septic later or with off street parking so I was going to because I I I saw the inconsistency because the the plan actually shows within the footprint a four bedroom dwelling your testimony was five um it doesn't I don't think there's a conflict there Mr Hurley I think if you're I think if you're approving a maximum of five bedrooms for this for this uh Mo for this model I I think you're covered that way if they choose to only build four then so be it the septic the septic would need to be for five the testimony is that at the moment we're not seing permission to have a finished basement will be unfinished but a buyer in the future may opt to finish the the basement obviously if they were to put a bedroom down there they would need to have meet all applicable building codes with respect to egress we're not we're not here proposing that this evening okay so yep uh just for the board real quickly um this is a this is not undersized lot this is a a conforming lot as far as area goes it's 1.05 Acres uh historically the board has has uh has Preferred to see alternative treatment unit septic systems on undersized Lots however in this case there is uh adequate area within the property uh for a conventional septic system so it's my recommendation that we just stick with a conventional septic system here and not an alternative unit um and I may have missed this I AP apologize M Matt uh you are you are going to be you are proposing a contribution to The Pedestrian safety Fund in lie of construction constructing curb and sidewalks yes sir okay uh and you take no exception to any other comments in our letter that's correct perfect great fast learner my way that's all that's all I have Mr Peters thank you madam chair um I don't take any exception to the testimony Mr Wilder gave for a SE one variance um I believe he's shown the proof for the hardship and I think the board can approve the application as submitted okay would you like to make a closing statement sir um I think it's good application I hope he'll approve it and have an early evening thank you I'm going to open this to the public anybody wishing to come forward to make comment about the application the testimony you've heard seeing no one come forward I'm going to go ahead and close public session board itself up T for discussion and a motion if possible second motion a second anyone wish to make any comments okay we can have a roll call please Mr Hurley Mr Hurley yeah I I I think it's very clear same situation we had before that this is clearly a C1 variance type application for hardship um I I would do we have a motion yet no there's a motion yes there's a motion yes and and a second um my only comment is that we should include the waiver I think for the curbs and sidewalks correct so roll call please Liz Mr Hurley yes Mr Stafford Smith yes Mr Mr bck yes Mr Hudak yes Miss Parnes yes Miss frit yes Miss Bradley yes congratulations again have a good evening thank you we're going to move forward to what was application number three on the agenda for this evening a Anda truck parts preliminary and final site plan 910 with Ed variant 3494 block 2508 lock six excuse me lot six and 7 for Mr feffer whenever you're ready good evening everybody Adam feffer attorney on behalf of the applicant AA Truck Parts INC uh this evening we have an application uh which we're seeking preliminary and final major site plan approval and use variants to utilize a site for Fleet parking and equipment and container storage uh the site is approximately 7.8 acres and it's located in the LC Limited commercial Zone uh the board May um recall not that long ago uh we were before the this board on a different site for a very similar uh type of application um and so that there are many things that we learned from that application and we've we've taken uh uh applied to this application um I will tell you we have a couple Witnesses uh this evening um I do want to change a little bit in terms of the normal testimony um I am going to have Mr B sworn in uh our planner and he will give you an overview of the site and what we're seeking to do um before Mr bordon then finishes his justifications and his testimony I would like to then bring in um uh Mr Ray for traffic uh and then bring back Mr bordon to just to give full circle because I believe a lot of the justifications um that are needed for the use variants um will be better applied once you have all that testimony um before you uh additionally I I I do want to point out and again Mr Bor will get into it um the statement of operations here are actually more so statement of what we're not going to be doing um and that was also um a derivative of that previous application the board had a lot of good comments and and wanted to make sure what was not going to be happening on the site and so we've made that part of the original statement of operations um so you have that from the onset uh with that being said I can now have Mr bordon warn in I'll go through his his uh qualifications and accept them as an expert good evening Mr bordon thank you for raising your right hand do you solemnly swear or affirm that the testimony information questions or comments that you're about to present before the board will represent the truth the whole truth and nothing but the truth I do thank you uh if you would please state your name uh provide your affiliation and credentials certainly uh Ian bordon president of professional Design Services in Lakewood New Jersey graduate of Ruckers University in 1982 Bachelor of Science degree licensed professional plan in the state of New Jersey in good standing have testified in front of this board and many many other boards over the years Mr bordon Mr bordon this board accepts your credentials thank you okay uh what we have we've provided some exhibits handed them out to the board as well as I thank you Anthony for putting them up on the board we have uh first let's just talk about the property as noted the property is lot six and 7 it is located on West commodor we have an aerial as Zen is A1 North is to the top of the page this aerial is dated March of of this year the site is is in yellow again at 7.8 Acres uh located west commodor runs right to left or east to west along our front edge and then at the rear of our site we have leming Road a municipal road that improved municial road that runs along the back of the property uh the rear of the property you can't see it on this map but you'll see it on the next basically from the word site down is within a reparan buffer there is a Headwater of an unnamed stream that that begins basically right on the Southeastern property line and um there's a very very very small area Wetlands but then there's a large that that small stream Headwater is also a category one water as mapped by the de and thereby there is a 300 ft reparan buffer and uh we are not permitted to disturb that buffer nor are we proposing uh to disturb that uh that buffer as you can see the site is undeveloped it is unforested basically a a grass field or a pasture if you will uh uh surrounding the property uh we have um a warehouse uh to our East on the adjoining property uh that property is also within the LC Zone that property received a variance in 2019 for a warehouse an office in the LC Zone that's not permitted and as you can obviously tell from the aial that site has been constructed and is occupied we have excuse me we have on the the blue lines are the Zone lines to the north of our site along the north side of West commodor all this area is in the LM light industrial Manufacturing Zone primarily all developed uh to the western part of the Zone where I'm pointing now there's three or four separate uses that are junkyards and auto body repair uh facilities directly across the straight from us is a large property that my office also did an approvals for and it's been partially constructed for warehouses that are permitted in the LM Zone uh that that's in two phases the phase one building has been completed um and uh the phase 2 building which is in this partially constructed area has not been uh has not been built yet to our west and south is the R3 Zone uh and certainly the fact that we're joining uh the R3 Zone has been a very important uh consideration in our uh consideration of uses that are appropriate for the site as well as design of the uh the site uh if you don't mind uh uh Anthony if you go to A2 I'm going to briefly describe the site and then talk more about the statement of operations and then I'll I'll a little more explanation on the site but you have here this is the landscape plan that's part of the site plan package we have just simply we have simply just rendered it in color so you could uh to better illustrate what we're proposing um for to start with you can leming road is on the left here North is to the right of this plan and so you can see this green area is that repairing and buffer that I was describing you see down in the this Southeastern Corner which is the bottom of this map that's the very small area of wetlands and we're not proposing any disturbance there the the uh gray or I guess the brown I guess it is area that's the proposed compacted asphalt millings that we're proposing for the parking and storage we have the gray which is the access Drive coming in from from West commodor see how we lined up the driveway with the with the future with the existing driveway of the warehouse across the street Mr Ray of course will give traffic testimony we have proposed a uh small office where I'm pointing now basically uh an office trailer of not more than 400 square ft with a very small parking lot we have three spaces there one of which is handicapped and one of the other two spaces will be EV ready um the uh we have proposed a 50ft buffer along the residential which is to the top of this map in the left right here um again we can't develop in this entire Gray green area um and we have proposed a uh full Four Season screen of a double row of evergreen trees as well as a single row of deciduous trees along that um the understand that the ordinance for the S the ordinances in Jackson that that uh between disperate uses between commercial residential typically is driven by the size of a building so the required buffer for this project given the very small size of the office that we're proposing would be 10 ft uh as an empirical interpretation of the ordinance we however though understanding that we have a residential neighbors and uh uh we have proposed a 50-foot buffer so we're we're five times what the required buffer is uh and and and in addition to that we've extended the landscape plannings down along leming Road even though we're not developing you know more than 300 ft from leming Road uh as under recognition of the fact that the property is uh generally while there is some scattered trees in here it is generally open open field open grass so I think that's the uh wise neighborly thing to do is to uh uh and that is that is a per per permissible activity in the repairing zone is to plant those uh those trees um so our our building coverage that we're proposing is is 0.1% where 25% is permitted so we're obviously well under any building coverage permitted in the LC Zone and our proposed impervious coverage is 46% where 60% uh is permitted um next some conversation uh basically repeating what's already in the statement of operations but I want to uh make sure it's clearly part of the record uh first uh the board members might be should be familiar with a A Trucking uh they have existing sites in town that have been approved years ago for this similar uh use most notably uh a 20 Acre Site on bismar Road in Jackson they are a locally owned company their primary uh recycling uh operation is in Freehold and um U this project would have no relation to the recycling activities other than the parking and of trucks and storage of storing containers and Equipment um um so the the the AA will will utilize the site for their own use uh but it will also they will also serve as the lessor for tenants that may occupy the site and be and AA is responsible to ensure that the performance standards contained in our project in our statement of operations are fully enforced U it is proposed to utilize the site for for parking and storage of materials and equipment by contractors um uh all trucks and trailers parked on the site must be functional operational and registered U the maximum height of any storage that we're proposing say a contractor storage is 20 ft uh that is consistent with previous approvals on other sites excuse me um we we did design the site I know uh important also from previous applications we're identifying where where things are parked uh and where access routes are obviously we have the main access road coming off of West commodor we H we have our truck parking along the front here it it's identified on the site plan which is the next exhibit but uh so we have the truck parking along uh this curb line U parallel with West commodor I should also note that this curb line along West commodor we have also I talked about the increased buffer we also set this curbal line along West commodor Back 40 ft from the uh existing curb for at at the West Commodore which is double what a what the requirements are the township ordinance for setback of of curbing uh requires a 20ft safety Island we have a 40ft safety Island and the reason for that is it allows us to do additional Landscaping up here very important to us to my client if you've ever visited their sites you'll know that they keep them in an extraordinarily neat and clean condition uh but it's very important to provide a uh a attractive streetcape along West commodor we did the same thing honestly along the the warehouse across the road and important to uh to do it here as well uh all proposed activities on the site will conform to the performance standards typically like noise uh glare items like that that are contained in the ordinance section 244-1600 a.m. to 6: p.m. Monday through Saturday uh no employees are anticipated to be at the site during normal operation uh the the trailer is for in case there's one there uh but it's not thought to be occupied during a full business day there is a uh I did skip over the fact that we do propose an 8ft fence surrounding uh the parking area it is a chaining fence with the uh slats for for view there is a question I think on the there was a discrepancy on our plans of green or black I believe it's green is is what they propose um but that there's a gate in the uh in the main access drive and that gate is only operated by key code or employee it will not be any nobody from the public can just drive into the site only an employee of AA or A or at least a tenant there will be a noxbox provided noxbox of course is is a box with a key so that the Emergency Services can get access to the site 24/7 uh the while the normal the hours of operation are 6:00 a.m. to 6:00 p.m. uh given that we are leasing to uh people who for example are truck drivers um and this will become more uh talked about in the planning section of my testimony but but but from an operational perspective a truck driver might arrive at the site from a from an overhaul Road Journey after 6 p.m. and uh we do have the um statement in the in the operations that they can just simply Park their vehicle and then pick up their personal vehicle and go home uh one of the key parts of this is to allow people uh individual contractors for example that are that are truck drivers uh to be able to park their truck whereas they're not allowed to do so on on their own residential property but but they may arrive during off hours and uh it's important to allow them the chance to uh to park and and leave uh we do do propose a ground sign along the frontage next to the driveway on the west side that fully conforms with the ordinance maximum height is 6 F feet area 30 square ft and a setback of 25 ft with the base being landscaped um the uh I think planners review I believe noted the fact that we did not include a refu uh we didn't honestly think one was needed but I do agree that we will provide one and that refu enclosure will fully comply with the uh with the uh ordinance requirements and have the masonry walls with separate areas for for trash and and recycling uh it's not a trash generating facility it's a parking facility but it's important you know I guess they want to throw out a coffee cup or something give them a place to do so uh or in my case a bag of empty fast food uh U the office will be serviced by a there is public water in the street to 16in water main in in West Commodore we'll connect to that for public water for the office we also have received approval from the fire prevention Bureau we do provide some hydrants on the property they've asked for that we have provided those so uh that will service that as well U there is no sewer immediately available in in the site the sewer in front of the site is a 16in force main which we cannot connect directly too so we are proposing a very small septic system uh we do have uh Mr McFarland here to do engineering testimony as needed but we have multiple storm waterer management facilities just to describe it we have three small scale infiltration basins two linear ones in the front and one in the back along with a recharge system which is at top middle there um and uh and uh we do agree to uh just make sure it's on the record it do agree to comply with all recommendations and requirements of the engineering and and planning review uh so otherwise my planning testimony of the D variance and some C variances that we also require or request are next I think it would be uh let me let me just introduce this first as a as a segue to Mr Ray if you don't mind going to A4 Anthony as part of EX examining the the impacts of our project I think it's important to consider and we did consider uh what an impact of a permitted use would be on the uh uh on the on the property and the surrounding area so we prepared this concept plan uh The Limited commercial Zone uh which I'll delve into more with the planning but just as again this is a segue to traffic uh does permit uh medical and professional office among many other uses and I'll list those later but we did a concept plan a conforming concept plan of of an office building um and we have uh we have that shown as exhibit A4 and that plan shows a two-story office in the top middle I guess of the property of 56,800 square ft and uh five uh 284 parking spaces so that was just intend that was just prepared to to U allow Mr Ray in part to do a comparative analysis of traffic of of the proposed parking facility compared to what a permitted facility might generate so I think with that i' leave that to Jonathan unless I miss something Mr B if you can just I know it's in the statement of operations I know we talked about what the applicant is going to be doing if we can just talk about the things that we're definitely not doing it we just put that on the record I only skipped over like the most important thing it's uh yes the following activities as listed in the statement are not permitted on the property uh retail sales rental or leasing of any vehicles or equipment on the site manufacturing manufacturing or processing repair or maintenance facilities or activities I'm sorry storage of any liquids or hazardous materials storage of any Solid Waste uh storage of any loose soil material vehicle or equipment dismantling or recycling a junkyard and lastly overnight sleeping or any occupancy of a vehicle uh on the site there is a sign that will be posted on the on the uh the gate the entry gate listing all these activities and they will all be included in the individual leases for any tenant that is parking uh these things on the yes okay I have a quick question on the um p uh A3 exhibit A3 small scale underground Basin what's going to be stored there that's that's the storm water basin I was talking about if you go back to uh a uh two please Anthony that's this square area up here that's just a pipe and stone underground the stores I thought that's what I just wanted to be sure yes okay that's just underground uh yeah just a quick question on um you said you won't be dismantling vehicles on the site we restoring vehicles that will go to this the dismantle not not on this property okay no I it's correct that and that's exactly L why we had that caveat that all vehicles must be functional and and properly licensed where obviously equipment is not all licensed and not over the road vehicles but it's got to be operational and or licensed if if appropriate through the chair on on the south side of that property can you point where West fish road is and leming because leming does not leming is right here so it it runs kind of parallel to West Com door and but that's leming Road right there how far is it from Burke could you go back to A1 uh Anthony please you can see a Burke Road is right here Mr saith so I I didn't see where leming went that far when I drove it it didn't appear to go I'm sorry is it a paper street is leming a paper Street at one point no no it's improved I think it's it's fully improved from from Burke over to it's just very narrow yeah yeah it kind of Curves and comes down right here thank you come justifications for the variances this time any questions for Mr bord call Mr um through the chair yes can I just ask a quick question um do you have excuse me a like a configuration of what the parking and the setup of the site is going to look like yes so if you go to A3 uh Anthony please you may zoom in a little bit so here's here's the actual site plan so we have our paveed driveway which is 40 ft wide comes in uh perpendicular to to West commodor Wonder wonderful thank you you have the office here with those three parking spaces as I described and then you have this fire lane that runs to the west and to the East and and the area between the fire lane and the uh curb line which is here would be where the trucks park so they would park perpendicular to the curb line facing or back up to Commodore and then the area on the back side of the um fire LAN uh between the fire lanane and the the edge of the pavement millings would be the area where uh containers and equipment and trailers would be parked okay so the the it seems like um the the entire back area like you mentioned is that repair and buffer and then it's just the front area that's going to have truck parking just one row of trucks yes and then that area of the millings is for containers yeah I mean I maybe I could see where they could park trucks along the fire lane you know facing again the same direction perpendicular to the uh to the uh Commodore um but generally and from that point back what I'm pointing now would be all the equipment trailer uh storage okay I was just wondering what was going to be in this whole back area but that I guess explains it thanks the chair yeah Mr Mr for the R3 residents um I see that you you set up a 50 foot buffer but you're also in your statement of operations you talk about materials and supplies looks like BU as high as 20 ft so my concern from the point of view of those residential units along in that R3 Zone uh trucks are going to come in vehicles are going to come in lights the lights are going to be bright are we addressing that that's one two can these can these uh shipping containers are you expecting to stack those shipping containers um and if so why and how many and will that sight is somehow buffered from those residents I'm really concerned about a serious and significant effect upon the neighbors from the impact of the understand yeah go back to A2 please Anthony uh as far as the buffering goes uh that's why we did the double layer uh the double row of evergreen trees with the single row of deciduous trees I guess I don't understand get treeses bees elaborate yeah I think what I'm I'm going to I'm going to kind of go on the Fly here a little bit and some I probably hearing you speak Mr book I think I should have thought of this and that is that what we should do given the fact that this buffer is not forested in other words a lot of times we're dealing with the forested buffer we're trying to supplement it so we don't want to disturb it too much in this case I'm not limited by that I think what what I'd like to do is uh add uh detail to this which is we would create in a 50-ft buffer we can create a mound in other words uh a call it a 4ot High Mound and then put the trees on top of the mound and what that does and and the reason to me that that would be important and I believe in my opinion would answer your concern we're always looking to Shield headlights so I mean that's the the big thing any parking lot certainly one where trucks are involved as well uh even though we don't expect much nighttime activity because our hour is end to 6: p.m. but uh but but but that 4ot high BM would be a Absolute Screen of any headlights because headlights are not higher than than four feet and then on top of that have a tree uh that has a planted height of uh uh probably 10 to 12 feet uh and and when you plant these trees at that age which is typically a two two or threey old Evergreen where actually four or 5y- old Evergreen they're like Christmas grade they're fully Le you know branches extend almost all the way to the to the ground so I think that would be that certainly would be uh from the first day of operation that Will Be an Effective screen of over 15 ft High certainly would screen would screen the entire truck not just the uh not just the headlights uh as far as the stacking we are absolutely not proposing to stack containers that will not be permitted and uh obviously we we share your concern of the neighbors I mean it is a light limited commercial Zone you're permitted to do commercial work here again that'll be part more of my planning testimony but but even though we're not disturbing within 300 ft of leming Road um I had asked my client and again my client is is one of the best clients I work with because they're so they they they they live these sites they work them I mean this is what they do and they're Jackson residents uh they we planted the I can't put fill in here because that's a repairing zone I'm not permitted to do that but I can plant the trees and that's far away and there and that is far away from the from the site for the chair yes yes Evan i' like to kind of build on Miss Parnes and and Mr book's questions uh along the lines of of the area closest to the residential units to the um to the to the South there I'm sorry to the to the West we you're proposing I don't know four gener generally four different types of uses for the open gravel area the storage of trucks which that tells would you agree that that's because those trucks could be used on a daily basis or even multiple times during the day that's probably one of the more intense aspects of the storage that you're proposing is the trucks correct I yes okay and then and so I think that I think it makes sense to have them up closest to Commodore in that case and away from the residences but the other types of storage you were talking about containers shipping containers for storage of materials right typically those shipping containers are put on the ground and and they stay there you might have some daily op other either tenants or Ana coming in and picking material up on from a daily basis um so I could see that being not as intensive as the the trucks but daily activities occurring store what were the other things you were storing uh equipment you know trailers uh uh like back hose excavators uh basically things that a small contractor might have uh to store so out of out what are the what are the least What in in your mind what are the least intense items that will be stored that you can classify would it be the containers shipping containers it would be the containers CU they're not used typically the equipment might in a in a in a perfect world meaning a perfect world be a full employment and full work days uh those would be picked up in the morning leave the site and then returned at the end of a day and that would be just one in one out and one in containers the containers may not move for days at a time right and a lot of what's in the containers are people are coming up in work trucks or pickup trucks or vans so it's light lighter Duty vehicles and not not not low boyys carrying equipment out that that's correct okay so and and this goes to a comment in our letter and and similar comments on prior applications with with a and a is it's a good idea to delineate in certain areas here what to expect to be stored so I think I think it's critical at least in the res the area uh to the West here that an area be designated for storage container use maybe along that property line which from what I'm hearing is probably the least intense use that you're proposing and then likewise along these Southern and and Northern sides of the site um block off areas of say this is where the zoning officer and co- compliance officer can expect trailers with equipment on it this is where the code enforcement officer can expect um maybe raw materials being stored there and so on but doesn't block off some areas um and that also demonstrate that there's adequate site circulation through those areas as well I don't my only other concern is here the the differentiation of the site between a Ana's use and tenant use and um whether or not the tenant the areas designated for tenant use should be somehow isolated from the rest of the site um I thought we did something similar to that on the progress Place application we delineated the tenant area versus what was non-tenant we we did that on the bismar site Bismark I'm sorry bismar Road yes but that's a much larger site and that you know this site's 15% the size of that site less than 20% I think we did we did Jersey barriers and interior fencing that's correct that's correct because that site was basically each of those tenant areas was the size of this entire site we we can do that I I do appreciate your comments Mr Hill and I think those are very good comments about focusing the specific types of storage in those areas that are the least used I think that's a a very good idea and we we'd certainly accommodate that okay thank you madam cherle Mr Boron along the lines that that Mr Hill just talked about in your statement of operation uh you say that AA will utilize the site for their own use and serve as a l serve as the Lor for tenants are are you designated specific sites for a tenant to occupy or is it just going to I mean there's a difference in I'm I'm saying the attorney can explain there's a difference between being having a lease and a license I understand right a lease to me means I'm going to designate an area for you this is yours nobody else is going to use it for the term of the lease you give me a license and everybody's driving around half P at understand I think in my opinion uh my understanding is more importantly that that areas will be identified to each tenant uh it won't be it won't be a line that's in any legal document or a filed document but it'll be part of the uh lease agreement between Ana and any particular uh contractor or or truck driver well how do we know then along the same lines as Mr hild indicated how do we know how many trucks for example can occupy the site if you don't designate the number of spaces it it I understand and it what we also don't know is the ratio of how many trucks you know how many 18 wheel over the hall truck drivers might want to leasee here versus how many landscape contractors that has one truck one trailer and one bobcat for example or we we just don't know the you know the uh the the complete mix detailed mix of what the different ratio of trucks to trailers to equipment is well isn't that my point I mean exactly we I think we need to know where the trucks are going to be where the containers are going to be where this other various kind of trucks are going to be I completely agree and that's why we we were very detailed in the site plan on where the trucks would be Mr Hill is is advocating and I fully agree is is further breaking that down I think you and he are saying I'm hearing the same thing uh breaking down the rear of the site for the storage to very specifically identify where the containers would be and the other types of items being stored so we are in agreement on that quite honestly I think I'd rather see something more specific than just an area you know I'd like to see understand where where it's going to be how many you're going to be able to to uh will occupy the site understand things of that nature okay okay um the other question I had is relative again to your to your statement of operation is on control it it appears and I'm I'm reading from your from your statement of operation that a Ana will be responsible for compliance but of of any regulation any conditions imposed by this board uh relative to in quotes its tenants is that correct that's correct and they will be on site to do that yes I also notice you mentioned that there would be a site a sign posted there yes when I read that I wasn't sure if the sign was what's going to control or will it be someone onsite to make sure that someone's complying with the term of the sign right the the sign is just an identifier of the site just so people know they're going to the right spot you know that's all the sign is for the prohibitions will be listed on the interior gate and Anda as the owner will be responsible for all enforcement of all these uh conditions of the uh operation of the site okay um relative to the use that is proposed here can you tell me based on the Zone regulations that we have is there a use that is is most comparable to what you're proposing a use that's permitted that is most comparable uh I I would say there there really is not uh the the adjoining zones the LM Zone and and allows uh these types of things but um in the uh that was part of my planning you're kind of getting ahead of my planning testimony my planning testimony was to describe all the uses permitted in the zone and and how I believe that we would qualify for the D1 Varian then I'll I'll wait for your plan just thank you okay um I just want to go back real quick and I think I think it would be important to further delineate the areas that we were talking about but also when you go through that delineation identify in there that there's like a maximum of maximum of 20 trailers that could be stored here or that kind of thing and that's just that's just a dimensional analysis based on how you delineate those areas uh you did go back and you indicated that you're going to comply with all the uh engineering comments in our April 15th letter there were some open-ended questions I put in there that I think we still we should get some answers on so you are requesting a waiver from Curbing and sidewalk as from installing Curbing and sidewalk and you you agree to make a contribution to The Pedestrian safety fund i' like to point out to the board that the the property adjacent to this it's that it's the army army n army supply Army Navy Warehouse supply place uh the board did request that kurbing and sidewalk be installed as part of that application you felt it was important to get some sidewalks and curbing in that area so they did install it um this site's right next door to it there's a large Warehouse site across the street I believe they're putting Curbing and sidewalk in as well um so I'll leave that to the board as far as whether or not you you should or you want to uh Grant a waiver from installing Curbing and sidewalk uh the question came up regarding fire Lanes I understand that the Fire official has has indicated where he wants fire Lanes designated however I'm thinking from a constructibility maintenance standpoint you have asphalt millings I know you can compact them but they also act more as gravel than they do as asphalt I'm trying to picture in my mind how you paint a gravel a loose gravel surface and have it I I don't think you can to be honest with you so are you're you're not instead of painted surfaces and painted are areas for delineation how are you proposing to late the fire Lanes I think we would do a we would do a system consistent with how we did bismar which is we put periodic signs along the boundary of the fire lane okay all right uh we were just need to see some details updated details on that um yeah we did ask for within those areas designated for storage that there's adequate uh Drive aisles for site circulation just providing some um providing somewhat of a internal Road Network that that will be uh that that's easily maintained and to try to Controla I don't know Control the Chaos of a big open area for storage uh we did point out there there are some U the the storm waterer collection system here are three infiltration basins uh which are um the preferred method by D and and our ordinance for managing storm water uh and you know well I I don't take any exception that a storm water system the stormw system can work um I think there's some some discrepancies we pointed out in your reports that's correct in your storm water report um I don't think it's going to have a significant issue on what you're doing it may cause you have to expand your underground system a little bit um we did ask to make sure that that underground system is adequately designed to withand H20 loading which is heavy truck traffic loads so these are plastic chambers that are in the ground don't want to see him collapse so there is a way to design them like that we just wanted some additional details for that uh we did ask for some additional test pits to be excavated with permeability testing for soils um question came up whether or not the two Basin in the front of the property uh they are they are each approximately 3T deep um whether or not a 4ot high uh uh post and rail fence should be installed around them I believe we've had them on all the other applications in the past um we we I mean I I had agreed to comply with all items including that okay uh it did come I didn't disagree with that and I don't disagree with that but but also do understand that unlike other sites this site is completely fenc with an 8ft fence so all all we're seeking with that post and rail to do is to protect it from the tenants themselves the basins are already uh no the basins are outside the oh that's right you're right I just caught myself you are correct yeah I forgot we ran the fence along the curb line which which actually which which makes sense cuz now those basins are more open areas landscaped so that's why I did disagree yeah I think the post I think the 4 foot high post and rail fence just adds to the Aesthetics of the Basin or it just adds to the Aesthetics as well so but other than that those are the big those are the big comments I I forgotten that normally like on the other sites like bismar we ran the fence right along right away but in this case I'd forgotten uh we we ran it at the curb line so to maintain that streetcape along West commodor have one other comment um nowhere in your statement of operation does indicate that this will be used as a public parking lot for any any auction events not at all okay I know that I know the auction's been getting pretty popular over the years are okay no absolutely it's not a use that we're proposing couple questions one is um I'm a little concerned about the verbage that's used in the statement of operations you seem to have thrown a lot of Wilds in there and and what I mean by that is um normal hours of operation are typically 6 a.m. to 6 p.m so that leaves the door pretty wide open for something that would be atypic that's not our intent we'll remove the word typically the hours a.m to 6 p.m. yes and then also you say the very next sentence truck and trailers may be moved however during any time so that to me means that this could be a 24hour operation with internal movement of equipment and trucks and and so for by that state and that is it correct int six to six however if a no operations will will P that except for if someone ends up coming at 7 p.m. drops off the truck Le just because they were in traffic them longer to get back is that correct that's correct that's all but that's not what that states I I understand what you're saying but that's not we could clean that up that is the bulling had six to6 except for the someone's running L to come back not doing operations just getting their car dropping off the one vehicle and pick it up yeah I think that would be we can limit that to dropping off after rights me to the next question and that is um I I Envision that there's going to be um employees driving in in their personal cars leaving them there getting in these tractor trailers or whatever they may be and then driving off and I don't see anywhere in these plans like where they would park their personal cars and and I think Mr Hurley brought it up before that you know we don't have a layout of understand other than where you said the tra of trailers would be and where Mr Evan had said where the containers I understand the intent is that anybody who's driving their vehicle there would park it in the same spot where the truck was parked in other words they would pull up move the truck put the car where the truck was leave for the day it's what happens on bismar every day I know I I find that hard to believe okay it's what it's what happens I've seen it happen I mean that's assuming that we're fully leased and everything's occupied which in the real world doesn't normally exist but but I've seen that happen with with over the road truck drivers at least at the other side sites where they will just pull up move their truck when they're leaving and then pull a car in and drive off I envisioned somebody coming in parking their vehicle their personal vehicle locking it getting out jumping no I mean but they're limited to their area that they're they can't park in somebody else's spot so so that that is the way it works yes thank any additional questions or comments from Mr bordon would you like to bring up Mr Ray now Mr feffer good evening Mr Ray thank you for raising your right hand do you solemly swear affirm the testimony information questions or comments that you're about to present before the board will represent the truth the whole truth and nothing but the truth I do if you would please state your name provide your AFF iation and credentials sure John Ray Rea a professional engineer with MCD and Ray Associates 1431 Lakewood Road Manasquan New Jersey Mr the application as well as traffic stud uh I did yes if you can just walk us through okay well this is a use variance application so of course the first thing I needed to do was do a comparison of the amount of traffic that would be generated by The Proposal that is in front of the board as compared to a permitted use uh earlier in the evening Mr bordon had showed you an exhibit uh where a 56,0 800t office building two-story office building could be constructed on the site we could provide enough parking under the Jackson Township ordinance requirements 284 spaces if I'm not mistaken and BAS based on the Institute of Transportation Engineers data such uh an office building would generate uh 82 and 86 peak hour traffic movements respectively for the morning and afternoon peak hours in order to evaluate what kind of traffic this site would generate we did go out to uh The bismar Road Site which the applicant has in town it is the larger of the two sites that the applicant has there's another facility on Diamond Road The bismar Road Site is 20 acres I think Mr bordon testified this site is and if I'm not mistaken it's about 7.8 Acres but the portion that's being developed is significantly less than that so in order to Mo uh to to model how much traffic would be generated we did some traffic counts at The bismar Road Site and The bismar Road Site generated uh 14 trips during the morning peak hour and 41 trips during the afternoon peak hour so in terms of the traffic comparison between the permitted use and the proposed use the proposed use will generate significantly less traffic than a permitted two-story office building of approximately 56,800 sare ft we took it a step further than that we're very familiar with the area we've done numerous traffic impact studies in the area for warehouse projects for the Jackson 21 residential projects uh we looked at the uh Redevelopment of uh Glory's uh Market over on the corner of Cedar Swamp and uh 526 we obtained that traffic study we included all of that traffic into a projection of 2034 traffic volumes including uh NJ Do's background traffic growth rate data for the area uh and we did a level of service analysis for our site driveway to West commodor Boulevard which will be opposite a large Warehouse project which is approved and under construction on the north side of West Commodore I believe the address is 340 West Commodore and there's in excess of 300,000 squ ft of warehouse space being constructed opposite our driveway on the other side of West commodor uh of course 526 West commodor bull Ard is under the jurisdiction of Ocean County we looked at the access the site distance uh it's it's my uh intent to work with Mr bordon should we get the use variance application and come back for a full sight plan we would restripe West Commodore to have a left turn lane entering our facility it would be a mirror image of the left turn lane that is proposed for the uh Warehouse building on the north side of West commodor it will be lined up with it properly from an engineering perspective that would be our proposal and we looked at the level of service uh for the design year of 2034 which is what ocean county requires they require you to look at a 10-year Horizon and like I said we looked at all of the other approved and under construction projects in the area the NJ Do's growth rate and we came to a conclusion that our driveway access to West commodor would operate at acceptable levels of service for the morning and afternoon peak hours level of service C for the morning peak hour level of service D for the afternoon peak hour so we went a little bit probably you know further than we would normally do for a use variance application because we wanted to demonstrate to the board that should the use variant be approved that the access to West Commodore for this project could operate safely and efficiently and not just come in and tell the board that we're going to generate less traffic than a permitted use we did do a full traffic impact study for the proposal through the chair I like the idea of the projections and the aggregate did you do the projection with the 56,000 s foot office building and the traffic that would generate would you still be at a d or would it be worse it would be worse I did not do a level of service projection but it would be we're talking about during the morning peak hour five times as much traffic during the afternoon peak hour twice as much traffic so even if the level of service designations the C and D remain the same the the delay that would be associated with the extra traffic would certainly be higher so it would be worse one last question would just translate for me I always forget what does a d mean okay to the folks on the road that are driv sure uh levels of service relate to the amount of delay that motorists experience entering the the roadway level of service D is usually my secretary puts the definitions in the reports bear with me one second here they go level of service a which is very hard to attain is less than 10 seconds per vehicle of delay entering the road level of service B is between 10 and 15 seconds of delay C is between 15 and 25 seconds of delay uh which will be our morning peak hour level of service D is between 25 and 35 seconds per vehicle of delay level of service e is between 35 and 50 seconds and F is in excess of 50 seconds that's for an unsignalized intersection thank Adam chair lady yes Mr Hurley Mr Ray I I'm just wondering that you do any analysis for any other type of use that would be permitted other than this office building something that may generate less traffic uh just the office building which is a permitted use and and I had asked Mr bordon to prepare and exhibit and uh you know that would be something that we could build that would have adequate parking as per your ordinance well I guess my question is is there something there that could be built that is permitted that would generate less traffic did you look into that I did not okay um you also mentioned glories was that used in in your analysis yes in what way uh we took the traffic study that was done by another firm we took their traffic study and Incorporated that traffic into our projections for West Commodore Boulevard it's about an 18,000 600 ft you know overall commercial complex and you think that that site is is comparable to this proposed site do I think what site is comp glor's glor oh no I just included the traffic from the Glorious Redevelopment in in the projections of what's going to be passing our driveway on West Commodore I don't think they're similar No my only my only thought here and concern is glories is right at an exit of of of the interstate 195 right uh wouldn't that have kind of a different type of impact on that area other than this I mean is it fair to use Glory site for for traffic information and compare and compare it to this site I'm not comparing it to this site all I wanted to indicate when I did the full traffic impact study for this project I took the traffic from the glor's Redevelopment I assumed it would be totally built out fully occupied I took the projections of the glor's traffic from that traffic study and included them in my projections of 2034 site traffic passing our driveway in West Commodore that's the only thing I did with glories I I'm not I'm not comparing the two sites glories is going to generate a lot more traffic than this project but I included that traffic in the projections for what's passing our drive way in the design year okay I I guess that's what I don't understand it almost sounds as if you're including that information in your analysis I am but that information may not be comparable in in location to to this proposed location well if I didn't include that I think uh somebody on the board would beat the heck out of me because I I I I I used the proper protocol I believe yeah for the chair Mr Hurley he's he's not um he's using the traffic that's proposed to be generated he's not neglecting it he's using that I didn't say he was neglecting no no no understand he's using that to uh further analyze how that's going to impact traffic at this site yeah he's considering it yes of course I understood that which is what we do yeah which is what we do throughout the town on the on in these types of studies we use we use known development and applications that have been approved and build them into these analyses as a for to be conservative yeah I understand I mean a lot of this is is a statistical analysis and if you use statistics I should have been dead 10 years ago I know a lot of people probably saying you know you're mou to God's ear but that's the way it goes I have no further questions thank you thank you through the chair M Mr Ray uh Lor's is that Mr hofstein yes I haven't seen you how are you seen you in a while either um glor's Corner yes sir uh we know now there's going to be a WWA with a convenience store a liquor store that is almost complete corre if it's not and plus another project does that help you determine how much traffic will be apart from their somebody putting it an office building when you consider this I I will not testify as to the traffic study that was done for glories it was done by another firm but I will tell you Mr hofstein that the you know the the wa with a gas component to it generates based on the it and the NJ doot data 75% of that traffic during the morning and afternoon peak hours is pass by traffic it's traffic it's heading up to 195 and heading north on Cedar Swamp that they're going to stop in they're going to get gas get coffee whatever uh same thing in the afternoon when they're heading home that's where they're going to stop to pick up things that they need so a big percentage of that traffic will be passed by not as much for the other components the liquor store and the other things that are going to be on the site but um all of that traffic was we we did take the traffic study I believe Dynamic traffic did the study I I'd have to the uh the big file but we did include that traffic in our projections of what will be passing our site on West commodor for the 2034 design year that's all we can do thank you through the chair yes Mr Ray can you give me me an idea on how long or how much of a footprint these left-hand turning Lanes will occupy I'm considering a stacking effect of tractor trailers to go north and south into the two projects that will be there that will be determined by Ocean County when we make an application to Ocean County they will look at the uh the level of service calculations that we've done and the and the anticipated length of the queuing that will be needed and whatever the length of the left turn lanes that are required could be 100 150 ft uh whatever the county requires we will be required to do we're not quite there yet because we haven't made a county application and we won't unless we get a use variance and we come in for the site plan but that'll be be determined by the county and I promise you they will not let us skimp on the length of the left turn line they never do Mr Hartman prize himself on that any additional questions for Mr Ray thank you thank you so I know I indicated earlier that I was going to call Mr bordon back to do the the justifications and the proof for the variances uh being that from the comments we're going to have to make some revisions to our plans I don't want to bore the the board with that those justifications especially if we're going to be making some modifications um obviously if there's anybody from the public we love to hear their comments an input and again if there are any other comments from the board uh I don't think it's needed this evening to put those justifications on especially if we're going to be making um some some uh [Music] changes I'm going to open this to the public anybody wishing to come forward and make any statements or comments based on what you've heard this evening please come forward if you could just do me one favor after your sworn and pull the microphone down pardon me I have disabilities so you'll have to yell at me and and you can yell at us that's fine can you hear me yeah if you could please raise your right hand do you solemnly swear or affirm that the testimony information questions or comments you're about to present before the board will represent the truth the whole truth and nothing but the truth yes thank you very much if you would please state your name Tracy spell your last name t r e a y and provide your address please 361 West Commodore Boulevard Jackson New Jersey thank you very much okay can I start oh yes I am the person that is in the R3 Zone directly west of this property of which they have offered a 50 foot buffer um I have a lot of concerns I'm glad they added a 50ft buffer but I'm hearing comparisons with what they did across the street which was planting trees and their trees are 4 foot high and half dead so that's not going to be much of a buffer and they also did not as far as I recall uh provide walks or curbing for the warehouse across the street Seiko the military place did put nice sidewalk and nice curbing in and I think that should be continued that's one um as far as the buffer I would have preferred a minimum 9t solid wall and I would also like to say that all lighting of which I assume there will be quite a bit should face East so as not to come in my windows and the um the biggest concern I have about this property is that ma'am if you could just speak into the microphone because it's hard to hear oh I'm sorry that's all right thank you biggest concern I have with this property is this lease Arrangement which is is very open-ended it it it's like okay we're we're requesting use variants for Fleet parking equipment and container storage in an LC zone now mind you LM is across street not LC so this is a totally different Zone you can't compare them um if they were just going to park their Fleet and their equipment and you know a whole pile I know they do the ocean County's equipment and all that and auction it off that would be one thing but offering leases to whoever which you don't know they might know them but they don't know what's in the back of the truck and the fact that they might be coming in after 6 is a real issue for me because this kind of truck track truck traffic right next to my house with lights and noise suppose he wants to sit there and have a sandwich for an hour while his truck idles there's nobody there to stop them so I don't think the lease arrangement I think it should be stricken from the whole application um the next thing I'd like to discuss is uh the traffic study I only had a brief while to look at the application over at the building but I noticed they use Burke Road and Diamond Road there's like no traffic going north and south the traffic study needs to be redone and measure north and south from 571 and 527 because that's where you get all your North and South traffic and there's going to be a huge um with the warehouse when that's finished there's going to be huge mess anyway when you get to 571 because there's a light there and they're probably going to want to turn right to go to 195 same goes with 527 they're going to want to turn left so this added to that is going to cause a big problem and I'm not sure why they put the driveway right right across the street from the other driveway is that for convenience or is that so that trucks from the warehouse can come over and leave their V truck at a Ana does anybody know that that's not proposed it's lined up just for safety so you don't have V you have vehicles entering and exiting across from each other always want to line intersection SE for safety as John testified this site is in no way connected with the warehouse there no none of their traffic will be coming onto this site or vice vers because you've got trucks trying to come out and they didn't put in a j handle for the warehouse which they should have to turn left so you're going to have people crossing a lane of traffic from the warehouse and then you're going to have people exiting this place going whichever way I mean I can just see a you know a mess happening there so that needs to be considered I I I would have put had I been designing this having worked at many uh Warehouse buildings I would have put the driveway at least 100 ft to the East and ask them to turn right to go to 527 and then up that they don't you know crash into the other trucks if they decide to turn left anyway that's that um so as far as Landscaping I would hope that they would not use White Pines like they did across the street because I moved here almost 30 years ago to retire uh and planted a few white pines and what happens is after 5 years there's nothing at the bottom and it's at the top so it's really not a good buffer I would recommend something that stays green from the bottom up like uh fugas or something like that um and they also grow taller and faster I would also like to know why they're using well water as opposed to tapping into City because didn't the warehouse across the street tap into City Water we we are using City Water okay cuz the application says well well I think the uh the well any reference to well is simply for land landscape irrigation we're not we're not allowed to use public water for landscape irrigation okay so there will be a private well but that's limited to irrigation okay because many of the the the aquifers are very stressed in the area as you can tell by um driving around the neighborhood you can see all the well uh signs out everybody's Wells are going dry so it's an issue but if you're only using it for irrigation that would help um but again I would request sidewalks I would request all lights be pointed East for the sake of and as far as leming too I mean that guy that lives back there he's not going to want these trucks are going to be coming right in with their headlights pointing right at his house so he I would think he would want at least a 9 foot solid wall back there at least for the house like mine you know I don't think a chain link with slats is going to cut it um and again I do have a huge problem with leasing to who knows who because in the middle of the night trucks are going to come in trucks are going to go out who knows you know you okay they have a key lock that doesn't mean anything it's still going to wake me up whether they unlock the gate or not so I have an issue with that I think it should be stricken um I don't know what the highest building is did anybody say say that again just the trailer yes okay um did anybody do an environmental impact study environmental impact study was not done not required uh Eis is required in town when you propose more than 20,000 ft of building so all this equipment containing oil and all these trucks containing gas and oil and all these parts and Contracting equipment that contain who knows what are sitting on non-paved well we're using compacted asphalt Milling so we believe it is it is considered impermeable and that's where the drainage system factors in with the water quality design it's no different than in the other parking lot these vehicles travel the road every day you know so they're there's nothing different about this site than any other site where they're driving or parking or anything else all right well I would have been okay with just storage of equipment and even the the containers but the leas thing is an issue and lastly um throughout the application I see everywhere uh will not injure or detract Neighbors from the neighbor's property will not DET detract from the character of the neighborhood um is it suitable use is it in the best interest of the neighborhood is it safe flow of highway traffic um there's a lot of questions that I have to say no to and having studied the warehouse deal across the street um this is minor compared to them but it's it's going to add to the mess so I would like to say uh please redo the traffic study using the North and South roads that have traffic as opposed to Burke and diamond and um okay lastly as uh a mostly residential taxpaying Community up and down this little three-foot section I mean three mile section of West Commodore which is a County Road um I feel that there is undue Prejudice and bias against our community along this stretch the Jewish community of which I am one has felt this bias and has had to sue the township many times for millions of dollars to get their request our community which is a tax paying Community along West Commodore Boulevard is being forcibly destroyed and our homes will have losing their value um by detracting from the character the old character of the neighborhood these projects with regard to the 2009 master plan which all of the homes were built way before the 2009 master plan um it does not contribute to the well-being of the persons the neighborhood the communities and the environment in my opinion if these projects continue the residents should have their T property taxes substantially lowered if there are any questions I'd be happy to answer them I have a question for you speak up please because I you brought you brought up bias in what way is against the residents in what ways is bias pay taxes along that three month understood but this is an this is a commercial zone so in what way does this impact bias whatsoever because we can't get out of our driveways and we can't sleep that's bias thank you thank you thank you for coming forward um before I ask if there's anyone else Mr Bor Mr feffer maybe I missed it and I was checking my notes um I just want to clarify you mention that the property's located on the south side of West Commodore between Burke and Diamond it doesn't say that that's where his traffic study was done or did I miss that not that that's correct John could clarify if you need to but his study included the entire roadway so okay I ma'am I so I didn't want to say this without questioning you first Mr Ray did just come back in he wasn't there that's why I asked you the study was not done at Diamond and Burke what it reads is that the property is located on the south side of West Commodore Boulevard which is County Route 526 between Burke and Diamond as shown on bigger one on their site location it doesn't say that's where they did the traffic study the traffic study was done done along that long whole stretch hence Mr hosin Mr Hurley and everyone's questions regarding why they took Glory the glory development into consideration it's that whole stretch of area that was considered you mentioned several times it was just diamond and Burke that's not accurate I just want to be sure for the record well I read I read it when I read it it looked like they were saying uh enter and exit from no well that's why I wanted to make sure we got that on the record that's it's not that it was done read it again thank you all right thank you again for coming forward you anyone else wishing to come forward and make any comments regarding this application CH yes Mr hman I I just want to get some clarification on the trailer uh the office trailer um could you explain to me what this office trailer the uses for example exactly and how does it fit in with the local ordinances the office trailer all right let me interrupt for one second do we want to address that when you come back either way the trailer is just in case they need somebody on site again we're not there's no intent to have someone on site full-time but in case they do have to come in for some operations I believe it's maxed at 400 square feet um it would be for the operator it's not for rental it's that's for the owner uh to they have to come to the site and and do any work that's there and the use of a trailer in general in in Jackson is that a permitted use office trailer yes it's just it's just it's basically just a small office building that's all it is I just know I I remember hearing something about um there's they don't allow trailers to be used um for different things in Jackson many years ago there was some kind of ordinance about that it's basically would probably use of the word trailer related to office is inappropriate and that would be my fault it's really a modular office that's placed on the site okay it's no different than an office building it's a very small you typically see them on construction sites with uh project managers you know in those cases it's temporary in this case it would be permanent correct that's what I was trying to verify there's an ordinance that allows this as a long-term thing I know that yes this would be an office building with a single office and a bathroom that's all thank you anyone else wishing to come forward and make comments regarding this application seeing no one else come forward I'm going to close public session Mr feffer before we close I believe that Miss frit has a question I did I had a question how will we um ensure that nobody who is leasing would be able to park their vehicle and like sleep in it overnight how would we monitor that so a couple things one uh I believe and I think we agreed to this on the previous application in the individual lease agreements it's not allowed um so that would be a violation of the person who who's leasing the space um the operator doesn't allow it um so again we would we say monitor it we it's not allowed um so they'd be in violation so are they going to have to swipe to get in like well are they going to know who's there and at what times yes okay every time somebody enters register through the key card that'll be registered to their office every time okay so if somebody then ends up reporting it they would know they see somebody come in and not come out okay and they're going to be on the site every day anyway so thank you very important is that again this there's a track history with with with this operator with these sites um so at this point they're very seasoned they know exactly what to look out for and what to do and each time we've come before the board we've built on it and made it better and one other question what about this concern with the driveways right across the street um I mean that I don't know that doesn't seem like I wouldn't do that I wouldn't want my neighbor's driveway right behind mine either so we we might want John Ray to come up and and testify to that but but the preferred design is to line them up what you don't want is an offset you e you either want them lined up or offset by a large distance to to say move it 100 ft and just offset it that would leave to a dangerous weave condition at the two driveways so the traffic design standards are to do it yeah I I just to elaborate on what Ian said he's correct that the proper engineering protocol is to line the two driveways up Center Line to Center Line that will give us the ability to do widening on West commodor and to provide left turn lanes that would be a mirror image of one another one left turn lanane would be for the warehouse project on the North side the other left turn lane would be for traffic entering our site it it's the proper engineering solution uh when you have sites across the street from one another to to line the driveways up and to organize the intersection properly it's that's correct do you think that there should be like a right only or or should they be able to make a left out of the the traffic analysis shows that they should be able to make a left out of the driveway uh the only thing everybody I it's spend too much of the board's time uh a lot of times left turn restrictions are placed on driveways without giving any thought to where people will make a uturn to get back to that direction and uh sometimes the consequences are worse than restricting the left turn this might be one unless unless it's a divided highway where you have jug handles and traffic signals like the other section of County Line Road where you have jug handles then it's a great thing to have right in right out because you can use the traffic signals and The Jug handles to reverse Direction in this case if you restricted the left turnout I guess they probably go down to glories or going to our neighbors uh that the warehouse that's next to us and just do a U-turn and make the left turn anyway and we don't want them to do that okay but but I understand your your concern thank you thank Youk you Mr Hudak oh we can add that yeah we can add that yes we're we'll also took notes about the neighbors comments and we'll we'll address those too and made some good comments about a solid fence on her property and the lighting and we'll we'll address all of those when we come back sidewalks just the Landscaping make sure we have the right height the right species Jeff do we have dates I I only have a copy of the May 15th and how about what the meetings meetings can't I'm not going to be here so the meeting we only had two on So we it was cleared anyway I think we're talking August yeah I don't have I think we're talking August I don't have June or July agendas so I'm thinking August yeah August 7th is that acceptable yes okay all right uh application number three on tonight's agenda which was heard as number five uh a Ana Truck Parts Inc preliminary and final site plan 9910 with use variants 3494 block 2508 lot 6 and 7 this application is being carried to the August 7th 2024 meeting of the the Jackson Township Zoning Board of adjustment no further notice will be required and the applicant wav time yes thank you very much thank you thank you motion to adjourn all in favor I