ready um on behalf of the Oldbridge planning board I would like to call the meeting to order uh uh Joe sillo I am the attorney for the planning board uh until we adopt a chairperson I will uh move forward with the meeting uh to start we can we please stand for the salute to the flag to the flag the United States of America and to the rep stands one nation under God indivisible liy and justice for all adequate notice of this meeting of the O Bridge township planning board has been provided in accordance with the open public meetings act at least 48 hours prior to the commencement of the meeting by prominently posting in the municipal complex an announcement given the time date location and agenda of this meeting mailing such announcement to the home News Tribune and filing such copy of announcement with the municipal clerk thank you uh the next item on the agenda is swearing in the new appoint Mees or reappoints to the planning board so if everyone who's um here who needs to be uh sworn in with if you please stand I'm just G to tr so I can stand as well yes okay uh would you please raise your right hand we're going to do it all at once and um just please follow my lead I state your name do solemnly swear or affirm do swear that I will support the the Constitution of the United States of the United States and the constitution of the state of New Jersey and that I will bear true faith and allegiance to the same will bear true faith and alance to the and to the governments established in the United States govern established United States United States and in this state in this state under the authority of the people of people and that I will Faithfully will fath faithfully impartially and justly perform justly perform all the duties of my position of all the duties of my position of and please State your uh appointment to the planning board whether it is uh uh class 4 or um design or uh alternate board member okay to the best of my ability to the best of my ability so help me God so help me God thank you very much you're all sworn in and then I'm just going to need J's goingon to need you to sign your forms if you haven't at some point we have a roll call please yes sir uh Miss Canon Mr lenning is absent uh Mr hopan here Mr dama here Mr low here Mr Rena here Mr Petty Here Miss Mella is absent Mr mcisaac here Mr Brennan yeah uh and Mr Ferrara I'm sorry mayor Walker is here all right next on the agenda is a nomination and appointment of chairperson uh I open up the floor to the board do we have any nomination nominations for chairperson of the board nominate barar Canon we have a second second low are there any other further nominations if none um can we have a roll call on the nomination of Miss Canon as chairperson uh Mr yes Mr dma yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr Brennan yes Mr Ferrara yes and Miss Canon yes and I turn the meeting over to our chairperson okay thank you again we have on nominations for vice chairperson I would like to nom [Music] second uh Mr agapan yes Mr dma yes Mr low yes Mr Rena yes Mr Petty yes Mr mcisaac yes Mr Brennan yes Mr Ferrara yes and Miss Canon yes thank you secretary yes nomin second low Mr agapan yes Mr dma yes Mr lower yes Mr Rena yes Mr Petty yes Mr mcisaac yes Mr bernon yes Mr Ferrara yes and chairwoman Kent that's me I think so yeah we nominate Dan Nom second who was second bet one of us Mr agopian yes Mr D yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr Brennan yes Mr Ferrara yes and chairwoman Canon yes okay board attorney we have de franccesco baitman kman Davis Lair and FL PC we have a second I second okay second Mr Brennan R call please Mr agapan yes Mr dma yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr Brennan yes Mr Ferrara yes and chairman Canon yes thank you very much I appreciate it okay and the board subcommittees um we have the master plan um Eric did you still want to be on that yes okay and would you like to be um since you're taking Steve's place you want to be on the master plan committee sure you'll jump in with both feet right away jump in with both feet okay and I also would like to still be on that do we have to vote on that or we I just uh let's uh just to be Let's uh do a vote just to make sure um that it's everyone's in agreement okay so it's myself Eric dama and uh Gary I'll move it lower okay roll call please do we need a second oh second Mr agapan yes Mr dma yes Mr low yes Mr Rena yes Mr Patty yes Mr mcisaac yes Mr Brennan yes Mr Ferrara yes and chairman mcon yes okay open space um well Casey was on it last year is there any else that would like to be on chairman CH chairman um so I did speak to Casey he couldn't make it tonight but he uh would like to continue on the open space committee oh okay so I'll nominate Casey second second by Mr dama roll call Mr hagop yes Mr dma yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr brenon yes Mr Ferrara yes and chairwoman Canon yes okay in the Land Development ordinance um I would still like to be on that but we need two more members and Dean is not here or Steve so any Eric and anybody else would like okay who's the third right yes okay can now we have a roll call please we have a motion or second second second low Mr haapan yes Mr dma yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr Brenan yes Mr Ferrara yes chair kenon yes okay minor subdivision inight plan [Music] umed did you want to V on that again yes okay and Tina don't know two more I guess we can put her back on we need two more yes and we need two more yes for the minor subdivision and site plan anybody else want to volunteer yeah Eric and then we need okay Eric and who else all right is there a second I'll second okay roll call please Mr agun yes Mr dma yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr brenon yes Mr Ferrara yes and chairwoman Canon yes then we have planning Consultants do we do this one at a time or for U Madam chairman we can uh chairwoman Sor we can do all three at once um for this when we do the resolutions at a later time we'll have to do those separately but we can make an appointment uh you can make a motion to appoint um because I Vina if I correct we point all three because as their backup yes so we can point all three at through one motion as the planning consultants for the board okay so we have environmental resolutions CM Associates and topology I'll move it lower okay second Mr um low second and second am Mr Mr hopen yes Mr dama yes Mr low yes Mr Rena yes Mr Petty yes Mr mcisaac yes Mr Brennan yes Mr Ferrara yes chair M Kon yes and Engineering Consultants environmental resolutions move and also CME Associates gotta go on the other side CME Associates and environmental resolutions um I'll move it is there a second second I'll second second I uh Mr La roll call Mr hopan yes Mr D yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr Brennan yes Mr Ferrara yes chair kanton yes traffic Consultants environmental resolutions and CME Associates I'll move it second low second Mr Hagopian yes Mr dama yes Mr low yes Mr Mr Rena yes Mr Petty yes Mr mcac yes Mr Brennan yes Mr Ferrara yes chair kenon yes and number 10 is Forest Rec Consultants Chestnut AFS I'll move it second second of I Mr TOA roll call Mr Hagan yes Mr dma yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr brenon yes Mr Ferrara yes chairwoman Kenton yes um okay are we going to do the resolution or the or should we wait till next time I think we have rules and regulations first yes yeah no I know but do we want to do that t is it changed at all from last year no nothing has changed it's the same huh no change no change okay so to adopt the 2024 planning board rules and regulations I'll move it I'll move it low Mr lower second roll call second Mr agapan yes Mr dama yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr Brennan yes Mr Ferrara yes and chairman kenon yes okay and we have resolutions 20-20 23p 341e 34 LLC preliminary and final major site plan yeah m M chairman This Woman This is the uh Center uh application that we heard a few months ago uh the resolution was a little delayed waiting for comments back from the applicants attorney but it is now in form that has been circulated and accepted by the applicants Representatives as well as the board's professionals okay um is there a motion to um move it move it move by um Eric second low Mr agapan yes Mr dama yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr Brennan yes Mr Ferrara yes and chairwoman Kenton yes okay completeness waiver 01202 4p Oldbridge entertainment um LLC major preliminary and final site plan Mr pton good evening this is an this is an application for amended preliminary and final site plan approval for the restaurant that's under construction on Route 516 the amendment is limited to revisions to the use of the second floor of the building there are no physical changes to the site at all as a result the list of waiver requests is a little on the long side but it's because there's no physical changes to the site plan that this board previously granted it's my understanding that Miss Sant has reviewed those and I note in her report that there's a positive comment indicating that she supports the granting of the waiver relief we'd ask the board to consider it favorably and allow us to move forward with the site plan okay is um we don't have any right anybody have any questions or do you know what they're we're we're talking about this is the Mescal place yes it is yes it is sir I think it's about time that we finally open it up it's been like that for years different signs different signage there I think it's about time when do they have an opening date yet so there's a procedure we're not allowed to do any work in the building until this board grants approval for us to continue in the second floor oh so there's kind of a it's been frozen since November there's a stop work order until I come here with this okay is anybody then it goes like this no I have no further comments uh but it's it's only limited the appr amendment is limited to the second floor uh because when they came in originally uh they had approval for just the first floor so it's there is no site uh work that has been planned based on the amendment except for some Landscaping that is being added but um it's pretty straightforward application okay does anybody else have any questions or comments to adopt it okay second second yes we want you to open so while we are on that uh topic uh I just want let's just I just want to make sure the vote we don't vote first and then we'll talk about that sure sorry roll call yes please Mr agopian yes Mr D yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr Brennan yes Mr Ferrara yes and chair M Ken yes thank so on on that note there has been a request uh for a special meeting because there is a stop workor order they have not been able to proceed so there was an request originally for February 12th or February 19th however those two are public holidays be the town hall is closed uh February 13th is a Tuesday and if the board is available we could schedule a special meeting to hear this application I'm I'm okay with it I mean I think that that restaurant has been sitting long enough yeah I know we have a lot of stuff on our plate going forward I think we need to just that's it is it is there um the possibility of doing it through uh electronic like Zoom or do we have to have it in person no we could do it we could do it as long as it's advertised for for virtual we could I agree let's do it is that okay with the electron like Zoom Mr dep was about to say I'll promise you that I'll take less than 10 minutes in the direct but I'll thank you for offering now we're going to have to now now we're timing it but I I thank you for the offer to do a zoom it works out fine yeah okay as long as as you in the applicant are okay I know the I'm sure the board would so what is the date now that we're February 13th 13th Danny we will have to send out a notice as well the okay 7:30 yes very fine okay we voted on the okay I just want to say one thing because when I first was it when I was first came on the planning um Mr P came and it was about a church you had a chur oh you remember that with Father French that it was it was a it was a small subdivision of lands for Father French the St St Charles right that's how long 44 years ago for both of us been here a long time 44 it's got to be like 35 oh no no no no it's it's I can tell you it's it's it's 43 years ago 43 years I thought you'd be happy to hear about that it's nice to that we have continuity we do thank you very much thanks for the special hearing we'll take care of the notices and thanks for the way good night all good night good night okay now we have um application 49-20 23p Kenny Kennedy International hhft urban renewal LLC for major preliminary and final site plan good evening Merill goner with sils cumson gross representing the applicant um and this is a waiver request uh this was an approval uh from 2017 um it actually started before the zoning board at that time there were some f ARS the property was subsequently put into a Redevelopment area um and there are no variances now the Redevelopment plan rendered it conforming so that's why we're before this board we had discussed it with your planner uh before filing um and the application relates to uh a mezzanine that was is not part of the original plan but the zoning board did subsequently approve it administratively simply for the purpose of allowing it to be constructed when the warehouse was being constructed for economies of scale we had gone back before uh the committee and the board um but the application was the uh mezzanine was not supposed to be used until we returned to the board um but the client did start using using it and so we are here we also were issued a um um a violation notice and so we did come in with the application um and we are making no physical changes because those changes were already made as it was permitted um that area is being used for office related it's not part of the warehouse area the warehouse has been completed the bonds were released um we were in compliance with the original resolution um and we are coming in really to ask for authorization to be using the mezzanine so we've asked for a number of waivers um are sub uh in connection with submission because all of that information had been provided and no changes are proposed um and we've also calculated the parking um there had been reserved parking uh which gave us the option not to put it in at the time the client has built out all of the parking in accordance with the site plan so there is adequate parking for the mezzanine area when we come back to you for our formal hearing we will present that information but the reason for all the waiver requests is the project all of that information was presented um all of the things that we're asking for now are not being changed the waivers we're asking for are because they don't generate changes um so we're asking not to have to re recreate and resubmit uh that information um we did submit an overall plan um but again that's exterior this is all in the mezzanine is entirely interior so that's the reason for asking for waiver on things like the traffic report and the community impact because we don't believe there's any change that would necessitate a modification so it's a long list but that's the reason in terms of the number of waivers right okay thank you um Pina I think Miss goner covered it all there is no site work that is being proposed and like she said uh there is already in mezanine but uh the condition the zoning board had put in was it should be unfinished and uh cannot be used for office space so if they want to use the mezine floor they have to come back to the board and that's why they're back okay any question questions or comments from the board so so what is it going to be used for an office space for the yeah it's um they um I they it does not to my knowledge have permanent people using it as an office but they do have some of the um the materials that that they would have if a customer came in that they would sit down at a table and look at it so it's more it functions more as a conference room I would call it rather than individual offices but it was designed to accommodate offices but it hasn't been fit up with any you know architectural changes to it so and I think we did provide not a very professional but just a diagram that shows basically what's up there in terms of Furnishings um because there really hasn't been any um walls built or any kind of other formal what I would call architectural uh elements and again it's a mezzanine I think there is I think there are bathrooms up there I think that was part of what had been approved so then we do have to come back for I guess it treat it as an amended site plan so all right anybody have any comments or questions yeah I just I just have one comment I mean if you were not allowed to use it why would you go and use it and still get fined for it permission um I'm the attorney I don't operate there I think there may have just been misunderstanding that people started using it um the upstairs because it was built it had been constructed oh I understand understand it was built but if they were told not to use it why use it and then come back knowing that you're going to get fined and still go behind the planning board and everything else to do what you want to do that's just me speaking that's all it was a condition of a resolution and it may have been that the people weren't fully aware of what the condition was I I can't speak for they didn't call me and ask me before they did it I found out after there was a a they were fine and had to respond and this was the manner of dealing with that to alleviate the violation okay anybody they are otherwise I should say a good corporate citizen they have been in full compliance they pay their taxes and they operate a a very attractive uh Warehouse down there with facilities for their employees athletic field so they made a mistake but they have filed appropriately to try to rectify it we'll get it correct um okay anybody else have any comments or questions yes is this going to be a handicapped accessible space I don't know the answer to that we can get that information it was approved so I assume it passed the the mezzanine itself was approved physically so whatever requirements would have had to meet you know uh code requirements um I I I don't have specific information but we can certainly get that for when we come back to you but it wasn't expected and you know um the the building was approved so I have to understand that it would have met whatever code requirements or they wouldn't have signed off and released us from you know our bonds okay so you they have to come back in front of us right yes they still this is just the W the waivers yeah so we can get into more discussion or if you have other concerns that so we'll have opportunity to review can certainly be raised at that point absolutely any other questions or concern a question but it maybe for vinaa is there any of the waivers relative to load or capacity in the mezzanine use that could TI into Life Safety while they're currently using it so the way it's presented I don't think so there is anything in the waivers however when they come and make their final presentation and when I review it if should there be anything that I think is necessary we will ask for it and they will have to provide it so granting aor just is only from the checklist item doesn't mean that I will not because when I do a completeness checklist it's just based of the checklist yes to have they submitted have they not but when I do the review if I think like for example if it turns out that the uh mezzanine floor is used for some retail activity or something like that and I feel that it is going to change the traffic I will ask for that yeah and V if I may jump in just to you know further kind of expand on that um just so the board understands when you're granting the waivers you're not saying that you're not going to ever need that information what you're saying is for completeness purposes to be able to come to us to be the application be deemed complete be able to come before the board for the public hearing that you're saying you don't need to submit at that time but if during the public hearing at any point you think you need a landscape plan a community impact statement a a a traffic report you can still require that of the applicant you know moving forward as part of the application it's just saying for completeness purposes we're waving it for now and then when we hear the application we'll we'll require it and as well as the professionals review when they review it before it even comes to the board if they need any additional information they can request that and require that of the applicant there's there's no granting by granting the waiver in no way are we permitting the use so the here exactly this is only saying that we're granting a waivers so that they can now be deemed complete be granting the waivers from the checklist not even from the zoning ordinance right these are these aren't design waivers these are checklist waivers design waivers are are you know minor for lack of a better term a minor variance type relief that's not this are check with labors this is just for completeness purposes so that they can get get their application heard this is more administrative than substantive and it allows us to move to the next step which is a substantive review that your Consultants will meet right your staff any other comments or yes I do so are they using the area now or it's not being used my understanding is since the um fine the the violation no violation um that they were not okay yes uh has with the next application has been there been any talk of a fit out where when there's a warehouse and a client goes in there they do a fit out for a specific reason like a conference room so so that would be additional walls and you know additional permits to occupy that space I'm not aware and that's certainly something that we can bring that information back I'm not aware of any proposal to change it it I my understanding is there may have been some bookshelves and tables in there that's why I said I'm not aware that like individual offices have built that been built out nor am I aware that there's any request for that and certainly that would have to comply with building code and what whatever right um but that is not part of what we're requesting okay any other questions or comments okay you have a motion or you have a question move it you're moving it oh okay second okay mov second roll call please Mr Hoban yes Mr dep yes Mr low yes Mr Rena yes Mr Petty yes Mr mcac yes Mr Brennon yes Mr Ferrara yes chairwoman Ken yes had this urge to ask if we could bootstrap onto Mr papes but I don't know if my Witnesses or who I need or what's available so we'll just wait until uh until we're assigned to date okay thank you all right thank you um all right well that concludes our agenda there's no one in the public that I see but I'll there's anyone not visible that would like to speak if not we're going to um ask for an adjournment unless anybody has any Madam chairman chair yeah there is a um we added an executive session uh to to so we need to have a motion to move into an executive session to discuss uh the settlement negotiations in the alfair uh litigation against the planning board we have to come out of it we have to come back into we just come back just to adjourn but we uh we have to go into executive Sor during the public hearing portion or during the public forun I'll move to go to public to go to Executive session okay we need a second a second and we can just do a roll call for that roll call yeah I was going to say you can do it all in favor I'm sorry I meant to say allor I said it all in favor of going into executive session I oppos thank you we'll get it straight okay uh I uh promise so oh we're still my apologies I forget that we broadcast sometimes EX move it a second she's not ready oh okay so if there's no other comments or business to attend is there a motion to adjourn motion to adjourn I'll second moveing second all in favor I I any opposed okay we're done board members board members board members so I have a request um