##VIDEO ID:694MPC50GH8## e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e call this meeting to order please stand for the Pledge of Allegiance i al to the flag of the United States of America and to the one nation God indivisible andice for all good evening ladies and gentlemen pursuing to njsa 10 col 4 the open public meetings act notice of this duly and regularly scheduled meeting of the Jackson Township Zoning Board of adjustment has been published and posted in all appropriate location Mr Hyman here Dr hste here Mr Hudak Miss Parnes here M Rosal here Mr Stafford Smith here miss Bradley here do we have any resolutions this evening you starting yes uh resolution number so yes we do have resolution we have several resolution number 24 uh 2024 32 resolution of appointments to the board of adjustment for the township of Jackson for the period of July 1st 2024 to June 30th 2025 eligible to vote is everyone here I never received any copies of the resolutions you wantem correct well they supposedly told me they set me up but I haven't received it all right so so maybe the solution to this is we'll table the resolutions until the next meeting okay is that acceptable to everyone just for the record we have resolution 2024-25 d38 pending for this evening second that roll call please Mr Hyman yes Dr hofstein yes Mr Hudak yes Miss Parnes yes Miss Rosal yes Mr Stafford Smith yes Miss Bradley yes do we have any minutes this evening list no Madam chair okay all right I have a voucher in Fr of me from the township of Jackson for the recording secretary for this evening's meeting in the amount of $175 I need a motion in the second to pay the invoice second roll call please Mr Heyman yes Dr Holstein yes Mr Hudak yes Miss parz Miss Rosal yes Mr Stafford Smith yes Miss Bradman yes we have any announcements this evening Mr Murphy we have two announcements this evening um application number one on this evening's agenda is real burm burn Bal use variance 3490 uh block 14001 lot 9 UM that application is being carried to the um sor yes what's the to the first meeting in in November of 2022 24 do you have the date for that November 6 November 6th 2024 number one is being carried to November 6 2024 no additional notice will be required the applicant is wave time the second application uh which is Rosen Bloom uh variance 3464 uh block 13301 Lot 19 is being carried to the September 18th 2024 meeting of the Jackson Township Zoning Board of adjustment and no additional notice will be required that leaves application number three as the only application on this evening's agenda we have one correction the first item on the agenda is being carried to December 4th that's uh M Jennings application okay so let me re announce that uh the Israel burn bomb application which is number one 14001 L9 that is being carried to the December 4th 2024 meeting of the Jackson Township Zoning Board of adjustment no additional notice will be required the applicant has wave time sure about it not necessarily that's correct can't speak to that I don't have personal knowledge I would presume that they've been violated but I don't know for sure is [Music] Mr the best that I can do is offer to speak to code enforcement about that particular issue other than that I can't do anything about it the best that I can do is offer to speak to code enforcement about that particular issue but there's nothing that I can personally do about it at the moment if that's what you're directing me to do I'm happy to do so very good I'll reach out tomorrow through the CH chair uh continuing continuing on that is there any way to get any upto-date information from the applicant as to whether they had the fire inspections and any Outside Agency reports is basically everything we have is just months old as I stated Dr hoffin I'm happy to reach out to code enforcement tomorrow um I don't have that information on hand today um certainly I can reach out to the applicants Council and find out if she has any additional information either as to that particular issue so I'll be happy to report back at the next meeting thank you Mr M we need to swear on our professionals gentlemen thank you for raising your hand do you solemnly 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 yes yes thank you if it each please state your name and your positions with the board Evan Hill Board engineer Ernie Peters board planner Jeffrey Pororo zoning officer thank you no executive session this evening correct that's correct any matters of discussion none that I'm aware of uh administrative approvals no all right then we're going to move on to our application for this evening which is application number three AA a Anda excuse me Truck Parts INC block 2508 lot 6 and S preliminary and final site plan 910 with use variance 3494 Mr Feer good evening uh just one housekeeping item I just want to double check Ryan um I believe all seven members were here last time I just want to make sure that's not correct Miss Rosal is new uh but she has uh certified perfect then housekeeping is done and we can proceed thank you you're welcome it was going to save us otherwise we had to do some more testimony but hoping to save some time uh good evening everybody Adam feffer attorne on behalf of the applicant AA Truck Parts INC um as almost everybody in the board uh may recall we were before the board back in April uh at the April meeting um the applicant is seeking um to utilize the site as a truck and contractor parking and storage facility um there are some improvements and uses that we are proposing um at the April meeting the board had some some good questions had some some concerns um So based upon that we tabled the matter uh uh Mr Boron he'll be here in a minute we'll step up in a minute be sworn in uh we'll walk us through what those changes are I'll give you a quick overview just to recap uh what we're proposing um what the changes are and then we can proceed uh with any questions or concerns at this time if I can swear in uh Mr bordon um and then we will go from there 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 if you please state your name um provide your affiliation and your credentials certainly Ian bordon president of professional Design Services Lakewood New Jersey I'm a professional planner Licensing in state of New Jersey graduate of Ruckers 402 years ago and worked in in a field since then you've been before us plenty of time these poor will accept your credentials thank you and you're not old enough to have been out 42 years come on thank you from I appreciate that it it kind of feels weird to say it um Ian for for the for the ease of the board use if you can just give a a quick recap as to what we're proposing um and then what the modified changes are that we've have since the April meeting yes Anthony if you don't mind pulling up exhibit A1 but the uh site is 7.8 Acres located on West Commodore Boulevard between Diamond Road and right too Road it's on the South Side marked in yellow the site is in in the LC Zone and we are seeking a D1 variance to construct the contractor parking and storage facility we are proposing uh there is a u recall in the in the southern part of the site was which is the bottom of A1 there is a reparum buffer that we're not allowed to disturb so we're disturbing basically the half of the property that that fronts along commodor and we're seeking a single driveway to Commodore which lines up with the driveway of a where Warehouse that's been constructed across the street in fact you can see the the cross the street the uh we have a pavement parking and storage area we are proposing an office structure uh along the front setback of 400 square ft with a couple of parking spaces we don't expect to have any full-time employees but the offic is for for just administrative matters um light office work if needed uh the site would be fenced with an 8ft chainlink fence um we had received comments as Mr feffer noted comments from the board at the last hearing both from the board and the members of the public particularly The Neighbor Next Door to our our West we do adjoin a a residential Zone to our West the we are providing uh a 50ft buffer along the west and we also a but residential Zone to the south of course we're not developing the bottom half of the site basically from site down on that on that exhibit but uh we provide a 50-ft buffer along the western and southern boundaries where the ordinance requires a 10-ft buffer because our we are we only have a 400t office and buffer is based upon the size of a building but we we we know that we're a use variant we know we have enhanced proofs we're seeking to be a good neighbor a Ana has been a good neighbor in this town There's other projects they've done in town along bismar in progress place um the one of bismar has been operating for a number of years now and and uh you never hear about it because they're they're good at what they do and they're very nice family-owned uh company but U so we provided a 50ft buffer along the western side and if I could if you don't M uh mind going to exhibit a the next to last one numbers Escape me a five yeah that's the landscape exhibit that we have presented last time um and that remains unchanged so uh what we had done as a result of the meeting uh last week and there are a couple changes that reflect in the operations of the site that don't reflect on the plans but just to make sure we're we're all on the same page again tonight there were comments made we had provided a very detailed statement of operations there were two particular items that that we were asked to change one is in the statement uh the sence said that we typically the uh typically the hours are from 8:00 a.m. or 8:00 a.m. to 6: PM I forget the dates now the times now from 6:00 a.m. till uh 6:00 p.m. Monday through uh Saturday but we had to word typically in there and we were asked to remove that so the the hours are firm they're 6:00 a.m. to 6: p.m. uh secondly the next sentence of the statement had talked about the fact that a truck or trailer might be dropped off at any time we are dealing with contractors particularly over the road truck drivers because that's one of the tenants would be somebody who has a an over the road truck that can't park it at their house because of code in residential zone so this is a place where they could rent an area and park it but they might be coming home at odd hours so we had been asked and we have agreed to change the statement that they only after 6 p.m. only drop off in other words no act no picking up or no uh egress if you will U after 6 p.m. until 6 the next morning uh but otherwise on the site plan what what we had done was uh just summarize them quickly we had proposed a payment Milling surface you can see in exhibit A5 the uh the storage area we had changed that from pavement millings to Pavement we did add we only had curb proposed along the front of it uh adjoining Commodore in on the interior edge of the parking we did we were asked and we did provide curb around the entire perimeter we did uh provide curban sidewalk along commodore we did add parking and storage details we uh we did show an interior now that we have pavement we can stripe it so we have an interior circular driveway and um that defines generally the or the areas where parking and storage would occur uh we did add a note uh speaking now really to the neighbor and the western side we did add a note there was a comment made that could we maybe not Park trucks along the the western side side because those are the items that move more frequently and we added a note that to we we originally had and we still proposed parking primarily of those types of of trucks along uh the road but we added a note that they they shouldn't be parked in on the west they can park anywhere else but not along the western side of the property uh equipment uh storage uh contractor equipment trailers U and whatnot can be stored there but not the the trucks that necessarily move all the time uh we did we were asked and we did provide an earth and burm in that 50ft buffer so we have a 4ot high burm that we're proposing recall that we have a double row of evergreen trees as well as a single row of deciduous trees as well as another row of of shrubs so we have a fourth season screen that we're proposing there we were asked to look at the species of that uh uh ever green trees and we did change it to my landscape architect in my office found something that I'd never seen but it's a great tree it's a Serbian Pine uh the idea being that it's a more of a columnar tree that doesn't lose any lower branches so we've we've we've done that um and we've added the the 8ft chaining fence that surrounds the site we've agreed to make that a solid fence adjoining the western side of the property as well so we've truly worked very hard to satisfy the comments that we received from the board but also oo from the neighbor to increase or provide the 4-foot burm uh look at the species of the trees and uh add the solid fence and enjoying the site from parking the trucks on that side of the of the road and that's that summarizes the uh the work that we did any questions for Mr bordon microphone please I think Mr pero could has better knowledge than I but my understanding is the nor noise ordinance relates to construction work if if we were a project site U but we're not so as far as a any business moving uh you know leaving the job you know leaving their property to go out and work elsewhere to my knowledge there's no no restriction on that on the noise ordinance I and I appreciate the question I do appreciate the question and just to to be clear again we're in a limited commercial Zone uh but we will be complying with any and all ordinances uh with regard to that we understand and like uh Mr Bourne indicated uh the applicant is the operator already of a very similar site um and and Mr bordon indicated we're are no knowledge of any violations or any complaints for those sites uh because they operated well and we have added all this buffering um and the setback so to make sure that we're not making uh any excess noise Mr Hudak if I could clar clarify the the noise ordinance pertains to really any not just site development activities as like construction but also operations of the site as well so there is an ordinance in place the the noise ordinance talks about maximum decibel levels at the property line uh typically moving moving equipment around does not rise to the level of violating that ordinance however they would be obligated to meet that ordinance on a day-to-day basis so if there's any complaints from the neighbors code enforcement will go out there check it out uh we do have no I believe we have noise meters correct yep so you know they're they're well prepared to to address those types of complaints um but just to be clear it's not specific to construction vehicles it's cons it's also for operations of a site as well Madam chair correct well what you perceive as noise isn't necessarily V violating the ordinance though but if there's a complaint the town has equipment and the manpower to go out there measure the noise and then if there's issues it's a co- compliance it's a co- compliant thing Madam chair uh to Mr hudak's Point um I want to remind the board that this isn't a site plan first and then the use variance it's a use variance first with a site plan compon to the extent that you reconcile what they're proposing with generally what's permitted which is professional Offices Medical Offices they might have different hours of operations I think the applicant has tried to put those safeguards in place that I think Mr Hudak is looking for to make sure that they're not an egregious imposition on existing neighbors um this is sort of a unique site you know across the street as you head north is sort of more heavy equipment operated types of uses and to the South is residential and the West um but to the extent that they provide us with those safeguards to amarate the concerns as almost and I don't want to testify for Mr bordon almost as a transitional zone between what's across the street and what exists on the south side of the road um I think they've gone a long way to putting those safeguards in place but certainly as we're sort of crafting a site plan resolution here let's just remember that this is a use variance first and to the extent that the hours of operation that Mr bordon spoke about are not inconsistent with construction sites it's the hours of operation that the garbag men get on the road or you would normally see um construction sites get started up normally they're not supposed to start until 7 but generally speaking folks are on the road at 6:00 a.m. so want you to consider making sure that we have those safeguards in place so that we're not leaving the residents defend for themselves should someone decide not to be a good neighbor any other questions Mr border bordon excuse me um I have a question just to follow up on that I think um Mr Hudak mentioned um you know the ordinance but I think the spirit of the question was really more in line with what Mr Peters was saying about you know what about the neighbors um he mentioned that there's resonance on two sides I think the residance toward the back are so far that um I mean I imagine any noise would be swallowed by that you know it's a very long way with all the repairing buffer and the storm water management about 400 um I guess I'm I'm curious to hear what Mr Hill what you would say I I I really think the applicant did a great job addressing everything or a lot most of the things that I recall bringing up everything is just you know looks like we just checked off the whole list I would just be curious to hear here um you know the the trees should buffer the noise the solid fence should buffer the noise the distance um should also buffer noise and the fact that they're not going to be parking trucks toward the side that uh has a joining R3 zone property line I'm curious you know outside uh and you know I'm not a noise expert I don't think you are either and surely we haven't done any studies I'm not I'm not looking for that specifically I just I'm curious from like a reasonableness kind of perspective Ive do you what's your what are your thoughts on you know what will travel toward the neighbors to to the on the adjoining property line so I'm not a noise expert but I've i' I've heard a lot of noise expert testimony and I've actually prior years um perform noise calculations consistent with the way an acoustical engineer would noise levels decre increase exponentially with distance okay and the distance would be where that noise is being generated from the noise ordinance requires a maximum of 65 DB at the property line 65 DB is um equivalent to that of a residential air conditioner compressor or condensing unit if you're standing about 5T away from it okay that is what you would expect and what is regulated at the property line an air conditioning pretty reasonable right very reasonable you can have a conversation in residential neighborhoods you have it in your backyard near Our Deck some have some people have multiple multiple units in their backyard so the fact that that is that is the approximate to you know we say 65 DB but what is it that's about what that is it's an air conditioner unit and that's at the property line but between the property line and the site I'm sorry between the common property line where the residences adjacent residence and the pro and the site is now a proposed six foot tall solid fence right well solid fences have a an effect on mitigating noise they don't they don't drown it out completely but they have an effect at mitigating it that's why the Department of Transportation uses sound walls along highways right it absorbs the sound it reflects the sound in addition to trees and or evergreen trees um that has an effect also of dampening noise just like it does dampening radio signals of any type you know radio signals communication General right noise operates the same way so those are common ways to mitigate noise not eliminate it but mitigate it but I'm going to go back to the fact that the site has to be operated in accordance with the Township's no's ordinance just like any site in Jackson does and if there if it's perceived that the noise is excessive then code enforcement should be notified they'll measure the values and if they exceed what the ordinance requires then there'll be additional mitigation efforts it could be just regulating the hours of operation further or putting more trees in or whatever the or whatever the case is but we have we have an ordinance in place to address noise thank you that clarifies it I guess hearing that the 65 deel to me that I don't know what that means but if you're saying the the way you described it it seems like that really is sufficient to protect the neighbors thank you Mr HUD now 6 no it was always been 6 a.m. always 6 a yes it was always 6 a.m. there was the there was the I'm sorry the word was uh typically 6:00 a.m. to 6 P p.m. the board had some concerns well typically does that mean it's 5:00 am on Monday and so we took out we just revised it to confirm we're taking out to 6 a.m. and again as far as pushing it later we we removed typically TP typically you had raised that question is typically mean almost 6:00 a.m. I and I said you're it's 6:00 a.m. to 6: p.m. removed typically well if if the noise ordinance regulates noise at 7:00 a.m. and and that will be on site so we have people coming to the site to take their equipment and go somewhere else to work if they have to leave our site at 7:00 a.m. they're already starting work wherever they're going to late I think that's unfair to the people that are trying to earn an honest living Mr and we're only talking about vehicles and I would add that uh and Evan did a great job but I would also add that the noise from vehicles and this is in the low 50s the if you my Eis that don't apply in this job but this board and the planning board has seen many of them one of the components we look at is noise and and noise in this area in this scenario is driven by traffic by the traffic on Commodore U or 195 which is the North of us but typically highway or road traffic dominates noise in this town or this area absent any industrial noise source which which we do not have and that is typically in the 54 to 56 range which again exponentially is significantly less than 65 Mr Peters uh I'm I know you want to make a comment can I just ask your a question first um I know this is the LC Zone what other types of businesses would be allowed I guess what I'm looking for is what would be the difference between what they're proposing and what would normally be allowed in this Zone as far as traffic at something at 6 o' in the morning I I think this this ends up being a little bit of a debate and I'd like to at least give the applicant an opportunity to respond as well so in the LC The Limited commercial Zone Medical Offices professional offices Continuing Care Facilities assisted living facilities rehab facilities and in Standalone facilities daycare preschool adult daycare churches Mini Storage funeral homes art galleries libraries museums um In fairness of the conversation if you go get a colonoscopy nowadays you go to a surgery center you're supposed to be there at 6: am. which means the employees are getting there before 6:00 am. but I I don't know the start hours of daycare anymore thank goodness um but I think they're before 7 a.m. um but what I would like to perhaps just ask a question of of the applicant do we know the method is there a is there a control for the and I'll call them tenants because they're different folks it's not a Anda is there what's the control how does someone get into the site they just drive in or is there a keypad is I that thank you rnie that was testimony from April but the the fence the site is fenced with a gate it includes a gate across the main entrance that gate is controlled by a keypad that only the tenants have access to so I guess my point is or the emergency services so I guess my point is given the technology we have if we if we had a resident concern could we verify that yes Ian and Ernie's Trucking Company shows up at 545 any every morning and then Mr puror or code enforcement goes to Ana and Ana comes to us and says stop showing up at 5:45 yes is there is there some way to include in the entrance exit security setup something that would keep track of the time that people are coming in and leaving so that they can be utilized both by the owner applicant tenants and municip and municipality to ensure compliance yes thank you and to your question M Bradley in our presentation in April we had offered with our traffic that was primarily the reason for it we call a exhibit a four was it was what could we build on the site as a conform and use and we just picked one which was professional office and that that generated uh 50 a two-story office 56,800 ft with 284 parking spaces that would be permitted 25 ft from that property line with the commercial air conditioner with the refu enclosure garbage truck with the garbage truck that can come in at 5:00 a.m. [Laughter] people Liv this fa I understand but I understand but my point is as well and that was my point about why I extended into the noise a little bit you've got traffic on Commodore Boulevard 247 of trucks that are making more noise than our trucks would make starting and driving off the property also what one other qu one one other question Mr bordon so we've moved that there's no truck parking along the residential side is that of of the R3 that's correct and we have a 50ft buffer with a a solid fence correct yes all right the next house the closest house over um do they have a fence on their I'm looking at the S planel looks like they have a fence on their property as well I I don't know if they do or don't okay but approximately how many feet from the property line if you had they're probably 50 feet off that property line so even without any of the buffering is 100 ft at a minimum before and there's no truck parking of that 50 ft buff and the house is if if you go to A1 uh Anthony the house on the joining property is very close to Commodore the house is right up in this area so again just the only reason I'm pointing this out just to make sure it's it's not just that we're 50 feet off we're 50 ft buffer with no parking on that side for TR any trucks in that area along with that there's the other side has its own uh setbacks as well so we're not that we're right up parking I think we've been trying to be the good neighbor and and accommodate as much as uh as feasible through the chair yes um could you clarify an A4 I see that there's proposed three story office building 58,000 sare ft well that's the alternate plan that I had mentioned that was that's not what we're building that's what we said again in the use variants we're trying to prove purposes of zoning enhance enhanced proofs and no negative impact on the Zone plan and master plan and all that testimony I gave in in April and this is an alternate plan the what if if this board if this plan was not developed what could be developed in accordance with the ordinance proposing correct we're not proposing that and in my opinion and and John Ray provided traffic testimony in April certainly the traffic impact the uh the the uh light air and open space the building coverage is much higher with with a permitted use than we're proposing with the use that requires a D1 could you elaborate a little bit on the office use that you will be be having I know you spoke about it you know in the last meeting what exactly is that what's the well just looking at these looking at the size of the property and the the code meaning the maximum impervious I believe I think this I think the question with regard to the office space that we have on site 400 the 400 square feet or whatever the square footage is I believe again that if I am correct that's just a a site operator or someone on site uh to do any paperwork any management uh security that's all it's for it's it's probably no more than one Max by two people in that office uh and those are going to be operators uh of the site I I misunderstood the question thank you for that Adam yes no that's fine yeah could you speak to the um nature of that trailer is it temporary is it permanent well we call it a trailer but in fact I would consider it a pre-manufactured office it's not it's going to be indistinct visually from a from a stick built office building it's just a 10t by 40t uh office as Adam said to accommodate one or possibly two people not full-time but maybe when they're meeting with the potential tenant to sign a lease or what whatever it might be and it's just a few parking spaces that's all it is and it's not for rental it's not for rental we're not renting that my my question really is I mentioned it last time and at this time I got a little bit more clarification um as far as the ordinance there is an ordinance that doesn't allow permanent Office Buildings I'm sorry permanent office trailers so I just wonder know if that's you're applying for no no we're not applying for that to that to that extent we would uh for purposes of we just call A pre-manufactured office building I mean pre manufacturer is just a style of construction it's just a 400 s foot office single single story so it's not not on wheels just can I ask okay it's not a it's it's not a trailer it's it's an actual it will not be a trailer prefabricated building building correct okay is there a foundation associate there will be a foundation so it's not movable correct correct whether or not it's not meant to be movable wonderful that satisf it was a bad choice of words I should have put Prime manufactured not the t word so that satisfies me to the extent that that would not fit the definition of trailer as defined in the ordinance not at all thank you thank you for clarifying okay now another thing is um I know that you guys changed it from the gravel to um Pavement in my opinion I think that would be better for the noise it's not as bumpy and the tractor trailer is going in and out I think it's actually a benefit um that was just to the point of Mr Hudak with the noise I do think that it is a benefit um to have the payment now um our engineer just I was discussing with him earlier um I would just ask if in the front where you have the 8ft fence that you're proposing um I see that it's going to be a solid fence along the western boundary it's solid right so now by West Commodore it's a open fence it's an open fence okay now regardless would you be willing to have the vegetation meaning have the move the what is it the storm water or it's reserves in the front Lo down it's marked as ss1 and that's number one and number two all the way in the front on A5 yes so that's going to be have vegetation around that right that's correct so would that would you be willing to move that back further into the property and have that way the vegetation will be blocking more of the fence I would I would I would not prefer to move the storm water back we do propose a hedge type land I think the key of any landscaping and this is the same for this as any shopping center say or any any site that has parking is what you're trying to do is is is Shield the headlights and the vehicles um and in that event we do propose shrub planting along the curb line that will do that so I believe that that is the the Landscaping that we're doing with the basins with that type of planning will will accommodate the uh uh and we could also make the fence if if you desire a solid fence what my client likes to do and what he did on bismar is he uses a channeling fence and he has the slats in there to make it solid that that would be fine yeah that's what they they' like to do they put the green slots in there or black thank you any additional questions Mr bordon so my question is for in the evenings when you have lighting and I know one of the concerns from the last meeting was the spotlights facing of disturbing the is that going to be um addressed that's a great question uh we do not propose lighting of the entire site so we are not lighting this parking area the only light that we have is if you go to A5 again Anthony please and kind of slide over to the entrance that Zoom is good yeah that that's perfect right there yes yeah perfect thank you the only light we have is right in this entry area for safety there's no Lighting in the back and side portion of the parking we purposely did that not to have letting effects on the neighbors thank you thank you we we tried to consider that Mr Stafford Smith we set the fence back 100 ft I believe it is off the uh off the road it's the gate is quite far back two full tractor trailers but in in reality mostly which being parked here the trucks without the trailers generally the people are coming at 6: a.m. are coming with their personal usually to drop you know being dropped off so it's not the the rigs then leaving but we purposely create that throat that's 100t deep for that reason any additional questions Mr bordon Mr feffer that's really all our testimony I don't know if the professionals had any questions or if the uh there any comments from the public Mr Peters Mr Hill any questions comments any additional questions before I open it to the public being that there's no additional questions from the board members um I'm going to open this to the public anybody wishing to come forward to discuss what was uh testified to tonight please do so at this time come to the microphone please good evening if you would please if you first of all I apologize in advance ma'am ma'am if you would please raise your right hand lisel teresi please raise your right hand do you solemnly swear or affirm that the testimony information questions or comments I 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 spell your last and provide your address lisel try 361 West Commodore Boulevard Jackson New Jersey can you just spell your last name for the record please t r e a see why thank you and I apologize in advance I have a hearing problem I didn't have time to go home and get my hearing aid so if you could yell in your microphones I would appreciate it thank you I'm gonna ask you to yell as well you know it's hard to hear a here so if you could speak as loud is it okay now yes okay okay now that you know how to spell my name [Music] again AA trucks is Seeking a site plan with use variants for Fleet parking and equipment and container storage in a Light commercial zone for which it is not allowed according to your code book uh section [Music] of which there are over a thousand on the Three Mile Strip of West Commodore Boulevard first question did an Ana truck do a survey and put markers to identify the property line yes can you describe the markers uh because I looked for them and couldn't find them we my office performed a boundary survey I can't tell you typically a marker is an iron pin that would be very hard to find it's only about an inch and a half in diameter and normally they're placed under the ground slightly whole point is not to have people disturb them um not saying you would I know you wouldn't but but they're not easy to to find okay but it was surveyed I would I would like to find them because this might seem silly to you but there are a lot of dead trees in the tree line and I was going to have a tree taken down that's very dead and going to fall on my cars but I think it's on your property I understand so I would like to find those markers so we can identify which trees are yours and which Tre we we could certainly agree to do that as part of any uh any condition that the line would be clearly marked and we could identify the trees along the line could you speak up we could do that we would agree to do that as a condition of any approval that we would clearly demarcate the boundar line and mark the trees as to their relationship to the property line okay so if I call you up and say is this your tree you can tell me I could okay that was question one uh the hours of operation need to be clearly defined and not allow for the smudging smearing and fudging of the clarity of those hours of operation in an attempt to allow a 247 operation it is not approved for a Light commercial Zone number three fence and water flow had you done the appropriate site plan there must be a minimum of 6 in clear under the solid fence in order for water flow currently occurring towards the low area in the rear which was on one of your maybe you could show it to the people yes if you don't mind Anthony go to A1 the water runs west to east across the rear of all the neighboring properties and goes through the woods line and ends up in that where's the one that shows the green I think this is probably the better one if if you don't mind I could answer that if if you don't mind and clarify that if you don't mind what what she's describing is recall the back of the property we're not developing because it's in a repairing buffer could you show the bigger picture that shows the big area that's sure if you go to a uh three please Anthony I think it's A3 the color one all right you could see how large it which one is that and I am directly to the west2 A2 I'm sorry Anthony so thank you right so the the green area is that repair and buffer that I was describing that were not developing and what she is describing is what you have here is there's there's Wetlands on the neighboring property the neighboring property to our East is a warehouse building that was approved by the planning board and and we don't need to talk about the warehouse okay I'm just trying to give reference that's all um I just want to know and and that natural that natural drainage system Headwater is is up in this area and runs from west to east correct so that natural drainage system is unaffected by our project because we're not constructing on the southern part of our project well actually it will because where your tree line ends on the West Side the water runs about 25 ft to the right that that double line there is the natural drainage system the tree line bordering my property here yeah go go three trees to the right up in this area there's a stream that runs to that spot right yep yeah our topography shows that being in this area yes we've done we've done a topographic survey as part of the site you can visit anytime and I'll show you the point is I think the point that's being made if you don't mind me uh is that what the concern is that our development can't disturb that natural drainage system I agree with that we cannot disturb that natural drainage system and we are not disturbing what would happen is it would allow for flooding of at least three properties no question I could I agree 150% thank you and but we are not disturbing that and our topography and pych raing indicates that and it also needs to be taken take in consideration um melting snow does the same thing I understand it's not just rain okay number four the lighting we discussed earlier must be appropriate and not face West as I as I said or South because get SL the only lights we have is in the area of this gray okay where how does it Point down it points directly downward okay the noise control will adhere to all regulations as to not violate violate any ordinance currently in place and as not to annoy disturb or cause adverse reactions and inappropriately cause health safety and Welfare issues to the people surrounding the Boulevard and I might add that is a three mile stretch we're not just talking about my house we're talking about three miles half a mile a mile and a half to 527 and a mile and a half to 571 all those people are going to be affected by whatever this business is okay secondly um leasing space to Fleet of trucks is not allowed in LC Zone and would clearly cause serious issues with the well-being of the West Commodore residents and travelers including noise traffic flow safety bottleneck at 527 and 571 as well as legal rental issues as can R the decibels can range from 85 to well over a 100 for a truck and I used to drive one so I can verify that number three this type of business belongs in a highway commercial Zone and as this is mostly Residential Properties approximately 100 homeowners assuming two people minimum per home and Jackson Gardens which is 500 units assuming two people minimum per home that's a lot of people you're going to impact the variance would violate all code and well-being and safety of Neighbors that's all I have any questions I just want to address a couple of points and if Mr bordon or Mr feffer feels the need to correct me if I miss didn't take good notes um I think we addressed the lighting I think Mr bordon stated the lighting was only going to be up front near the gate I'm sorry could you yell on your microphone sorry is that better so Mr bordon addressed the lighting it was only going to be up front near the gate so it wouldn't be facing your property or the other properties and the light would be facing down corre okay um as far as the buffer I think that they've done a great job in include you know changing the fence on that side and including the additional uh type of trees and everything to help U minimiz minimize excuse me the noise impact um as far as the water I can only speak to the um topography that we're being shown and have to you know take Mr bordett his word that that's not going to affect um as far as the noise I understand your concern I just have a question I I mean I've been in Jackson a long time uh school buses things like that I can only imagine you've got plenty going up and down every morning right I'm sorry what school buses you I'm sure you have a lot of travel uh traffic coming up and down every morning yes right hundreds hundreds of vehicles and the thing is is that I don't know if a a traffic study was redone but nobody bother B to count how many cars are cross either north south east or west both 527 and 71 because that's where your bottlenecks are going to be did anybody count that John Ray had done a tra mcor Ray had done a traffic study and he provided testimony at the April meeting so I just wanted to address a couple of the points that you had made up but thank you so much for coming forward thank you Mr feffer would you like to make a closing statement yeah just real quick just I want to just retouch on a couple of oh I'm sorry oh Mr feffer forgive me I'm sorry sir I didn't realize you were G to come forward forgive me I'm sorry problem and I think the public sorry about that that's okay that's okay ready thank you for raising your right hand do you Solly squ from 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 sir I do if you would please state your name uh Carlos Martins m r t NS R your address please 46 Cobain Road thank you Mr bur's always nice to see you okay thank you um just a few Qui questions on the usage just speak into the mic for me sorry so based on the experience when are the most busiest hours I would think from from 6: to 7: is when everybody's leaving right is that true or am I for the contractors I would I would say that would I would agree with that yes 600 to 7 well 600 to 8 yeah okay 600 to 8 yeah um so I understand it's open from 6:00 to 4: but that's the busy time right yes I have a landscape contractor that leases residential property next to my house right and every morning I leave for work at 8:00 and every morning they leave at exactly the same time because they're always right in front of me on the road right right right right um and then how many I might have missed it so how many truck so after 6:00 p.m. say you're full you're doing great business how many trucks would be there I mean how many how many trucks I I I couldn't guess uh 20 because we're dealing with a varant we're talking about different we're talking about over the road trucks we're talking about uh trucks that are pickup size where trailers equipment uh containers there's right okay you much of the stuff much of the equipment and storage wouldn't move on a daily Bas not everything moves on a daily basis right right and and if if an over the hall Over The Road Trucker is a tenant they might be gone for um four or five days of a week you know so okay um where I'm kind of going with all that is so let's say the busy time is from 6:00 to 8:00 right so if if you're measuring how much noise is happening it's not just one truck right you have to measure during that period of Time how many trucks are moving whether it's in the building right or even out on on the roadways especially if you got school buses coming along and all this other stuff right I think that's a consideration um and most of these are diesel trucks right is there a air pollution issue or anything like that with having 10 20 trucks at one time starting up and no no I wasn't sure otherwise we wouldn't have a turnpike right right okay I I know that they're forced to put something in they would all comply with motor vehicle regulations so air pollution is not an issue it's really all about the noise and how many trucks you have at one time say within a 2hour span you know uh moving around I know I hear it when when they're on the street and they they rev up right you hear some you know when they rev up if they're just moving slowly not a big deal but when they rev up as when you hear a lot of noise and if you're a neighbor and you're on that street um it could be you know anyway something to consider um I just wanted I think the point was the um the concentration of when all this is moving around in a two hour span that's it thank you thank you sorry about that Mr Feer I apologize no no problem I'm sorry I cut you off one more time I'm sorry hold on one second any anyone else wishing to before I make the same mistake anyone else wishing to come forward please do so at this time not seeing anyone else come forward I'm going to close public session at this time Madam chair yes um I missed this before because I was looking at the wrong site plan um is there a reason you're not extending the the solid fence to the maybe it's the south south the the other it's just a small stretch that also faces the R3 zone no I actually should have so we would we would do that okay thank you for clarification did you also agree to extend it along the frontage slat with slat so chain link with SL L with slats in the frontage just trying to make keep my notes right 8 foot around the entire comp okay Mr feffer I'm afraid to speak you see he hesitated he was so real real quick um again so I do agree with the neighbor this is not a permitted use that's the reason why we were before this board uh seeking a use variance uh I I don't want to go through all of the the proofs that Mr bordon put on uh at the last meeting but I I do just want to point out that that this is a real need in this Township I I will tell you I represent many uh uh clients who get violations for parking their vehicles their their commercially used vehicles at their house uh I know this board is also familiar with seeing many applications with people coming in to to to make their business even though it's just their car their vehicle that they're parking at their house but neighbors are complaining and or they see two trucks or three trucks leaving their house this is a need um the reason uh that this applicant's coming again is that they have another site that that is a huge success and and and is very busy so the fact that we we are coming here we have a unique piece of property over seven acres of which approximately half of it is is encumbered that we cannot develop um we put on previously uh Alternatives and you have the exhibits to show what we can build here um it wouldn't be before this board would before the planning board uh permitted uses and we still believe that this is a less intense use on the property um and that'll it's better for the entire area um it should be noted again I know that we have residential both behind us and to the is that the North or to the I'm sorry to the west of us but across the street there is another totally different Zone with warehouses um that are much more intense so you're going to have a hard time finding a piece of property that's situated in this type of an area that has has many different uses and we've tried our best to to satisfy so we don't have much negative CR negative impact on the property in that we are it's a transitional use in the area um and we've given the buffering for the neighbors to make sure that we want to be uh as good of a neighbor as as we can um also just to be clear we are not a 24-hour use uh we are six six to6 uh Monday uh Sun uh Monday through Saturday um the lighting we've addressed the noise control we're complying with all ordinances um we have provided the traffic expert at the last Mr Ray at the last hearing um and he did I'm pretty sure that if you go back in in the testimony this impact is less impact this use is less impactful than if we had built out the office uh potential office uses uh for the site uh with that I just again remind the board that because it is a use variance we do need five affirmative votes and we would ask that the board vote in favor of this application and I thank you for your time excuse me okay board it's up to us for discussion yes uh I'd like to start the the applicant has revised the plans to positively address the comments from the board from the public uh this applicant had previous sites that were approved by this board and every one of them has been maintained and operated in accordance with the resolutions passed by this board uh looking at what was presented to us there appears to be no substantial detriment to the public good and it does not substantially impair the intent and purpose of the Zone plan and the zoning ordinance therefore if there is no further discussion I would move make a motion to approve the application if there is I will hold back on the motion any other questions or any other I'm sorry not questions any other coms comments from board members um I will speak up at this time I agree with Dr hofstein um I think that uh they've gone out of their way in my opinion um I actually applaud you you know it's it's a little over three years now and I applaud you for the multitude of steps you took um changing the fence to a solid fence uh the additional Shrubbery and trees to help you know work with the labor um the definitiveness in the statement of operations listen I understand Mr hudak's point about um noise and everything certain hours but again that's not something we here can control that would um you know be on Code Enforcement um the area is definitely um you know a suitable area when you look at what's around it I understand that it's residential uh around the area but this is Zone Light commercial and although it's not allowed if you look at that area you like you pointed out there's a warehouse across the street there are other businesses up and down that um area for lack of a better phrase that I can't come up with a better word right now um so I do think that um you've done a good job in trying to work with the neighbor and be accommodating um nobody wants to be you know a bother or or a nuisance um and at this point we can only trust your word that you're going to keep to it I think the keypad is uh very helpful because that will allow you to keep track that if you know God forbid someone does something that they're not supposed to do you have a way to keep record of who was there and at what time um if there are no further comments I would second Dr Hof's um motion but if there are further comments please feel free to speak up through the chair yes I concur that the applicant is certainly reached deep into this plan and Tak a lot of considerations and done a good job with it the fact that they're not allowing for any stacking out on the road of these big rigs that certainly adds the safety involved in the area and they've done I think quite a job of trying to keep the noise to a minimum and they're going to be subject to the code enforcement if it should go above the allow decimals I agree I I think it's I think it's a good thing any additional comments from board members and I believe we have a motion and a second on the uh table yeah I I mean M Dr hofstein made a motion um you know subject to the other comments of the board Dr hofstein I presume that you you wish that motion to go forward at this time yes I do okay and Miss Bradley you wish to second that motion at this time yes I second that there you go you have a motion a second roll call please Mr hman yes Dr Holstein yes Mr Hudak Miss Parnes yes M Rosal Mr Stafford Smith yes Miss Bradley yes thank you granted sorry it didn't come out I'll try that again the variance has been granted thank you motion to adjourn sorry motion to adjourn thank you