##VIDEO ID:w## on record minor site 12 I'm sorry I'm reading the wrong one a meeting of the township of precip and Troy Hills planning board for Monday August 5th 2024 at 7:30 p.m. nor would you call the role please uh Mr DPO here Mr McGrath here Mr meth present Mr Shaw here Smith here SEL here chairman here we also have our board planner uh miss winter our board engineer Mr Mr L manowitz and our board attorney uh announcement is made that adequate notice of this meeting has been given that is being conducted in accordance with njsa 10 4-6 at SEC of the New Jersey open public meetings act uh if we could say pledge Allegiance please I alance to the flag of the United States of America and to the Republic for it stands one nation under God indivisible liy and justice for all this meeting is open to the general public is there anybody here who has an item to bring before this board that's not on our agenda tonight hearing and seeing none we're going to start with the master plan consistency review ordinance 2024 14 amending zoning chapter 430-1347 board has frequently discussed over the last couple of years um pipan has seen a decline in office Market with high vacancy rates and in order to ameliorate some of those negative impacts um the township the governing body has taken a proactive approach to diversify the uses in zones which have previously been developed with Office Buildings such as the P OD Zone current principal permitted uses are Office Buildings for planning management and administration and data processing uses television radio stations research facilities permitted accessory uses include Banks restaurants indoor health clubs Child Care Centers and uses customary and incidental and supportive to principal uses limited to 10% of the floor area of the principal building in which is located not to exceed 20,000 Square ft total these current permitted uses are proposed to remain unchanged the only change is the addition of um condition or section e except that assembly and manufacturing of products from standardized Parts shall be permitted to occupy up to 40% of the gross floor area of a building and shall operate in a manner that will not emit odor noise smoke dust particulate matter radiation gas vibration glare or heat Beyond boundaries of this building so this amendment allows existing tenants as well as future tenants to repurpose office spaces for additional accessory uses clarifies that L assembly and Manufacturing that is contained within and not detectable from outside the building shall be permitted provided that's less than 4% of the gross floor area all of portions of the Pod ordinance shall remain intact including buffering requirements loading setbacks Etc this change will not change the nature of the existing Zone it just further clarifies permitted accessory uses and allows them to occupy more floor area within the building so per the municipal land use law the planning board reviews um zoning amendments for consistency with master plan the Pod zone is identified on the future land use map of the 2020 master plan for corporate office and Manufacturing further States uses in the corporate office manufacturing land use category traditionally large scale office or manufacturing with ancillary uses such as hotels these areas are major employment centers for the region but have seen significant vacancies in recent years there are strong interest by some property owners and the development community and the introduction of New Uses to these campuses the land use plan further recommends that the corporate office manufacturing designation retain the primary uses of office and Manufacturing but allow for a range of supporting Andor complimentary uses to be permitted so further this amendment furthers the following master plan goals goal one preserve and protect the character density and Aesthetics of the township established in stable residential neighborhoods by restricting incompatible land uses from these areas and significant increases in intensity use so no other no changes to to other bulk requirements are included this and it will not be evident from the outside uh goal three which is encourage and provide buffer zones in transition areas separate infallible land uses and adjoining zoning districts with distinctly different uses intensity use and character the current ordinance requires a buffer WID averaging 200 ft and a minimum of 150 ft along uh boundary of the track which coincides with residential zones and there are no changes to that buffer and goal five preserve and enhance the Township's retail commercial corporate research and professional office areas by implementing land use strategies that respond to Modern market and real estate Trends consider creative Alternatives as appropriate including reusing and repurposing the existing building stock and overall context of the Township's land use plan goals which this amendment furthers and goal leing encourage new development and Redevelopment to take into count the aesthetic character of the community and effort to enhance the visual and aesthetic apparance of the municipality and no changes are proposed in the ordinance in relation to that that's the gist of it all right any discussion by members of the board on this reject um reusing our office space for other purposes is a priority and it's in with it's within our master plan so I I think this is consistent with our master plan any other comments by members of the board well given given our experience of the last couple of years with the apartments and residential options and the warehouses that we've been presented with I am in favor very much in favor of the council considering any use that is consistent with the master plan for use in our uh pod type districts or anything like that anything where we have alternatives to those further earlier two that I just mentioned again as long as they're consistent with our master plan I think we should we should scour the possible uses that we could come up with to make them acceptable within our our planning is again as long as it's fits within our master plan uh I am very much in favor of this particular amendment I think it's a good move on the council's part and uh I would be very much in favor of it so any other comments are there any comments from the public on this amendment hearing and seeing none do I hear a motion Mr deero I'll give a stab at it ordinance 2024 column 14 amending zoning chapter 430 d153 access uses is not inconsistent with the Mr plan and the planning board should recommend that we approve this Ordinance do I have a second second Mr Shaw thank you very much nor would you call the rooll please D yes M yes yes yes Smith yes yes yes all right have two resolutions right we have a pair of resolutions that I jumped over and let me get to those there you go we've got resolution for application number 24 col 503 66 silven LLC six silen way block 202 lot 1.9 uh do I have somebody making a motion to approve that Mr chairman I'll make a motion to approve application number uh the resolution for application number 24503 si6 silven LLC six silven way block 202 law 1.09 preliminary final site plan do I have a second second all right was it definitely yes yes yes yes yes yes now for just to note on the on that resolution there were some just minor changes that the applicants attorney forwarded but they were not substantive just some typos and things we're all in favor of fixing tyos uh after application number 24 colon 514 wh Holdings fivewood Hollow block 736 Lot 4 a soil moving permit do I have a motion to uh approve that motion to approve application 24 colon 514 wh Holdings fivewood Hollow Road Block 736 Lot 4 soil and moving permit do I have a second second nor would you call the role please yes sh yes yes yes all right got those out of the way next we move on to uh are all the attorneys no not everybody is here yet um are the people here for uh sk3 Century Associates yes all right so application number 24 Co 512 sk3 Century Associates LLC 3 Century Drive block 202 lot 1.7 Zone R soil movement permit good evening Mr chairman and members of the board my name is Keith lman from the law firm in Lino Taylor and I'm hearing tonight on behalf of sk3 century Associates LLC and once again it's my pleasure to be here before the board this evening we are seeking approval tonight for a major soil moving permit pursuant to Paran Township Code chapter 350 for property located at fre Century Drive identified as block 202 lot 1.07 assessed as lot 1.7 on the tax map as the board may recall on March 4th 2024 memorialized by resolution dated April 15 2024 this board granted the applicant preliminary and final major site plan approval with bulk variance relief for the construction of an approximately 64,800 foot Warehouse with related site improvements and modifications including access drives parking areas walkways loading docks Landscaping storm water management facilities and signage tonight the major soil moving permit we're seeking will allow the applicant to install the improvements associated with the project I just described and the applicant proposes to move approximately 15,000 cubic yards of soil and material on this property um but notably only 400 cubic yards will be moved offsite the majority the remainder will be handled and processed onsite we've received the review Memo from your Municipal engineer dated July 22nd 2024 and we are prepared to comply with his comments and work with him on this application um with me tonight are is a representative from the client and also a professional if the board has any questions or requires any additional information we think this soil moving per minut is pretty straightforward um and I defer to you if you need testimony on it all right sir I assume you're going to present your witness if if you'd like I can okay so I'd like to call uh with me tonight and I'd like to call Robert Mello he's a a professional engineer and he's the director of engineering at Gladstone dis design who will describe our soil moving application if you please raise your right hand you swear affirm the testimony that you're about to give will be the truth the whole truth and nothing but the truth I do please state your name spell your last name and provide your address or business address for the record it's a Robert mosello spelled m o c h l l o business address is 265 Main Street Gladstone New Jersey Mr Michelle can you please introduce yourself to the board and establish your credentials such as your educational background and work history yes I'm a licensed professional engineer in the state of New Jersey I received my PE license in 2004 I received my civil engineer um Bachelor of Science and civil engineering degree in 1998 from NGIT I've appeared before over 100 boards in state of New Jersey as an expert witness in the field of uh civil engineering I have not actually appeared before Pary before believe it or not but I appeared in other towns within Morris County any questions about the uh experts qualifications hearing and seeing none Council thank you Mr mcel if you could explain to the board and describe our soil moving plans yes application essentially since this is an existing develop site already there's a 22,000 foot building on the property today and a parking lot that exists um as part of the the approval that was granted in March of 2024 um the applicant is going to remove that building and construct a 64,000 um s foot um Warehouse on the site so in order to um construct the project what we'll need to do is demolish the existing building there's Concrete in the foundations and and part of the structure as well as steel um the idea is to um demolish that building reuse as much of the existing concrete within the building as we can crush it on site and Reser and re use it for um Road beding and the like on the property um as well as of course um Mill up and try to reuse as much as we can of the existing parking lot that's there as well um some of the millings will have to be removed off site because you can't reuse all of it um on the property um in addition to that given the way the site um was laid out and it's being graded we're really not exporting any material we are going to have top soil that will'll need to strip we'll store that on site and then we'll respread it um at the end of the uh project um but essentially what we're doing is basically have a b almost a balanced site here where the material once we've once we've um demolished the site and done the um Earth Works to regrade the property essentially it's going to remain on site except for approximately what we're anticipating talking to our contract factor of about 400 yards of material that's going to be left over um the left over crushed material from the building that we can't reuse on site that's going to have to be exported um during the course of the construction Mr MTH so at 400 cubic yards that's what 20 to 30 trucks yeah usually 13 to 14 yards a truck so maybe about 2 275 to 300 trucks t u I'm sorry 30 I'm sorry 25 to 30 25 to 35 trucks yes get a zero out of there all right yeah over the course of a few weeks I mean given that low number I don't see a need for any special restrictions I mean I'd normally be sensitive to the fact that you're your schools and wanting people to not move things in the morning but because of uh 202 but with that low number of trucks I wouldn't worry about it okay any other questions by members of the board Christine do you have any comments no comments that's why I'll move I didn't think so but I figured I'd ask no other questions do you uh the applicant agrees to comply with the engineering the township engineering report and to work with Township Engineers office Police Department as needed yes the July 22nd 2024 report we agree with those conditions stated in there okay and the fees that are required to be paid at the appropriate time right the members of the public who have questions of this witness on this testimony at this time hearing and seeing none that's all I have unless the board has any further questions all right are there any members of the public who wish to speak in opposition to this application at this time hearing and seeing none in favor of this application at this time also hearing and seeing none do I hear a uh res a resolution the movement to motion to approve application number 24 col 512 sk3 Century Associates LLC 3 Century Drive block 202 1.7 Zone rol soil moving permit do I have a second second thank you nor would you call the rooll please yes MC yes math yes sure yes Smith yes Danel yes yes all right thank you all very much is that now we have one more case do we have one more case two more two more sorry cuz we have the miner still hanging around that's right the minor is still here why don't we call the the uh application number 24 Co 523 Neville r 295 Atlantic Drive block 205 Lot 4 Zone R3 I don't see the engineer here he has uh someone here for him [Music] oh okay [Music] [Applause] I'm assuming you don't want [Music] good evening uh my name is Sammy I'm a professional engineer uh for the state of uh New Jersey since 2008 uh I'm sorry you'll have just raise your right hand do you swear or affirm the testimony that you're about to give will be the truth the whole truth and nothing about the truth yes and please state your name spell your last name and provide your business address for the record yeah Sammy ab ab o u z uh it's a Infinity Engineering Corporation that's 8l CW New Jersey I'm a professional engineer since 2008 in the state of New New Jersey I graduated from uh ngrt 1987 and I've been working in New Jersey in New York for since graduation since I got my license okay uh my most of my work was in Jersey City I never been in pan I never did any work in pan welcome the H welcome okay uh so this is the application that are there any questions on the engineer qualifications your LIC is current right yes sir okay I have it if you want to check no yeah okay that's all right so this is the application that we submitted okay for the uh 295 Atlantic Drive and we require to get a permit approval for the removal of the soil we added about 150 Cub of I'm sorry would you speak up yeah we added we're going to move some 150 CU out of uh new s and we going to level the uh back of the property to the level of Lot number six and we adding the uh drain area in the back so to just to release the water from uh the lot number six to leave the problem of accumulating water I'm sorry did you say Lot number six Lot number six Lot number six cuz the plan we have says lot lot number four right it says lot four yeah yeah behind it is Lot number six oh okay I'm sorry yeah no so that's the problem with the uh drainage of water so the drainage now flows to Lot number six and you're going to be leveling it off we going to level it yeah according to to the level of Lot number six and after that SL it to our property okay 295 here Lot Number Four there'll be a time for public comments um the plans we have only seem to have sheets one and three of a four sheet set is there any way you can show us the entire set as you go through this the entire what I'm the entire set because I have a set has sheet one and Sheet three but no sheet two and no sheet four sheet two two sheets two sheets well why is it numbered sheet one of four then you just have to come up and I'll have to swear you in sorry if you please raise your right hand do you swear or affirm that the testimony that you're about to give will be the truth the whole truth and nothing but the truth yes please state your name spell your last name and provide your address for the record uh Abdullah buun is b o u z AI t o u n uh I live at5 Lakeshore Drive Lake I and what is your connection to the application I'm just I'm an assistant engineer but um that's right and you you work under um the engineer you work at the same office yeah we we I'm I'm covering the the principal engineer for that office from today oh okay yeah all right so you can explain yeah um when we submitted we submitted all four sheets but given that the only thing being uh affected in the site is just the soil we only needed really sheet three and the cover sheet to show you know aerial view of the site and the um just the affected area because there isn't really there's really any construction going on no buildings or properties are being affected besides the soil and the soil was problematic to begin with so it's just being flattened out fixes sorry as you can see there um he was talking about on the top left so those two other Sheets Were related to just other portions of the project but not to the soil moving permit correct okay could you provide just a little bit of detail about what is what the project is and more about how the water how the drainage exists currently and how it's going to change on the property right so the water accumulates in the back of the poty uh Lot Number Four which goes down to Lot number six so we propos to them to install a new drain and connect it to the existing drain over there it's a I think a distance approximately 30 to 40 ft so we're going to want it that that drain is going to be installed in property number six so at least the water when it goes down to the property number six is going to drain to the existing and to the street and we have we show that in the Dos on the top left on the [Music] DS can I ask a question absolutely uh the the memo provided by the principal engineer number one it says the soil moving has been performed has it already been done correct okay so you're coming before the board to leave legalize what it it's already happened corre has the entire project already been completed no okay so you were in the middle of the process correct so what how far did you get that's already done out there just moving some of it or yeah we moved to some of it so far okay yeah okay what is the ultimate objective here to actually improve the water flow so the neighbors don't get as much water in their properties you're going to keep it more on your own land or also or drain it away through a drain no the the objective of course you know to help the neighbor in the back so he won't have any problem with the uh the Water accumulating in his yard CU our yard is going to be level with his backyard and after that slop to the front of the house uh as we show in the doings so to leave the water from his property installing a new drain connected to the [Music] existing okay any comments from our Engineers on this Mr stanel you so the water is coming from 6 into four or is it going from four into six right now today from 4 to six so and you're lot four that's you're lot four and then you're going into I'm six okay um so you're you're leveling right now so leveling was six exactly leveling with six okay um is the work that's been done on four also been done on six no no so there's no drain or anything so right now the neighbors will be seeing a worst case condition because you've already done work and it isn't completed so they can't see what the final outcome is to be that it's going to probably be better but you're in the middle of starting it so nothing's happened on six and but four has been started correct correct okay yes okay I guess can you walk through what's been done take the mic take a microphone please take it out just pull it out so uh most of the work was done in this area here so we level that area in the back here this is Lot number six this has not been done yet so we leveled down here and we SLP all the way to I think 97 elevation here so this is about like 2 and A2 ft down to this area here and after that we know we still have some work to be done here uh the trees are protected now but we have still like some uh some soil in this area this area has to be distributed to the backyard to the front yard of the [Music] backyard where on there was water I guess the ACC water yeah where where normally was it pulling out this area here that's the the primary area right so when we level here this water is going to go to Left number six we see it so this the new dream that we bring to to move the water from here to drain it to this existing one and that goes over Street and I think the neighor will agreed to that I mean that would elate the problem in in the prop I ask a question so looking at this plan it looks like the natural drainage pattern before you brought in Phil was that the um that that storm water flowed Overland into lot six now are you proposing anything on lot six Phil wise right now because I think you said something about lot six when you first came up yeah the work the the D is in lot six the new is lot six but you are you proposing fill on lot six no okay no all right so you've brought in 150 cubic yards of fill already is that correct most of it most have which which the engineer says is a mix of clay and Sandy gravel material with brick and concrete and asphalt pieces observed the the gravel and the S that's mov in the front on the on the entrance of the uh that area here well the engineer took exception to it and asked that at a minimum you rake and separate remove as much of the brick concrete and asphal as possible I mean the the problem I have looking at this is it sounds like the fill material that was brought in does not drain clay doesn't drain um the gravel does but brick asphalt other pieces don't I mean the key is with storm water is you want to get as much of it in the ground as you can yeah which usually means you put in you put in fill that is top soil and can absorb water and it sounds like this material doesn't comply with that so I'm just kind of curious and I know that I mean I know that the owner of lot six is really anxious to say something so I'll yield the floor but I'm just trying to understand that's exactly what's going on here that you basically just the natural drainage pattern was there you just brought in fill and and just put material over top and leveled off certain areas is that my understanding of what's going on here on that we've sorry this hello yeah yeah um we've uh We've leveled the field we've added uh or the the grade in general we've added two like grass detention like almost grass whes on both sides of the property cuz originally it was seeping out a little into the neighboring properties as well so those closed off so so what you've done is concentrated the storm water into two swes that was over a wide area before that yes and it's all going towards the back into uh there's a proposed uh Inlet or TR uh I'm sorry I'm uh and it's going into an existing one we you know we had a discussion in the past with uh with lot six about it so we were in agreement on that okay it's in the memo on under number one it says to the end the plan proposes a yard Inlet in the rear lot lot six that appears will catch water from the West so engineering must have already been out there and recommended what you needed to do to correct it and this is a measure to correct it and I'm assuming from the memo because it mentions the residents complaining I'm assuming that Engineering also knew about the residents to complain so you know that engineering is going to in the end make sure that everything's done correctly my concern is that if we don't approve this they've already done the work there's no way to fix the problem without fixing this well sure they can remove all the materal yes and Tred to bring it back to where it was but engineering didn't recommend that in their letter and note that this is not one that goes to the council this is just the planning board or I know a lot of times when we do them they go to the council this specifically says in it that it is Council approval is not required so whatever our decision is that's what goes to engineering to take care of did did you receive this The Memo from the township engineer dated June 24th 2024 I'm not sure as far as far as official documentation goes they did receive it they did yeah if I think we do have a CH regardless of whether this is approved by the board or not the situation as it stands and as it is now as Miss Smith said was like not it wasn't good it wasn't good for the Neighbors it wasn't good for the uh the property owners it's not it not beneficial to anybody it's at least you know uh what do you call it rectifies the issue or uh what's the word it lessens the issue I mean I quite severely honestly so so sorry Mr chairman I got one more question so once that last drainage piece is added into the equation is that going to rectify the problem correct and then the fallback on that is is that are we're basically saying if they don't Rectify they have to rectify correct engineering is taking a soil application and in and and tree removal and they'll probably take an escrow so whatever they don't complete the town will fix and what we always say when we issue permits to people is to give it a chance because I'm the zoning officer I work with zone so when I give permits for zoning and Engineering construction you let the residents know that a lot of times until the grass it takes and the soil settles to give it a couple weeks to then see where the water is going to let us know if there's a problem if you're having issues now it doesn't mean that the measures that you're making are not going to correct that there is the time period that you have to give it for the the the the grass to take and the soil to settle and then we tell people you know wait until the next rainstorm and then contact us where the problems are so that we can then correct them correct I [Music] agree Mr chairman I have have a question I would love to have you ask a question thank you sir um it says the material is a mix of clay Sandy gravel material with brick concrete and asphalt so it's obviously a fill material that came from a site uh has this material been tested for [Music] contamination I am not aware of it no [Music] [Music] I'm sorry sir you'll have to come up to the microphone if you're going to and you'll have to be sworn in so if you please you're part of this the application okay okay so please raise your right hand do you swear or affirm that the testimony that you're about to give will be the truth the whole truth and nothing but the truth yeah please state your name spell your last name and provide your address for the record n uh 295 Atlantic Drive particip in New Jersey and the soil we bring it from the uh uh Dan there was a address and they they just uh he the guy bring it from there I'm sorry could you say that again he he bring from the Danville from a Denville yeah and was it a CER certified clean fill do you know I it's supposed to be but uh I'm not aware of that I cannot confirm I do not have any documentation about that and did you have did you receive documentation from the person who delivered the fill as to where it came from no but after this I asked him he provide me the address but he didn't provide me any uh document and and uh uh first of all sorry for this cuz uh when I started this work I don't know I have to uh take the uh per permit for the soil moving we uh we just moved to the par in December and after moving like uh uh I I did couple of changing in my house I I make the full bath half to full I take permit permission and U but these things I I I don't know and somehow I uh I figured it out but so the that's that's what I M Mr chairman I would suggest that uh if the board is inclined to approve this that there be a condition that the soil be tested uh with a standard battery of tests to make sure that there's no contamination um I appreciate it came from Denville there are some areas in Denville that I mean you don't know where it came from and what was there prior to that saw being removed so uh that uh I I have the address I will provide can can you do you want to get like some documentation from where he get the soil we need this we need the soil certified as being clean yeah he can get that it can't have petroleum products it can't have whatever else you want to imagine but you know typically in New Jersey there's when you're getting fill for a good price there's a reason for it so you would agree to provide a certification of that the soil that was already moved was clean fill and if you can't get that get the soil tested if it comes back negative that it is contaminated you need to remedy that and work with the town you would agree to work with the township engineer to make all those Corrections yeah okay I [Music] agree thank you very much that's all I have Mr chairman I we don't again we don't review VI these so I'm kind of shooting from the hip here but that's something that uh that that kind of shown out I think that's very much on point are there any other questions by members of the board on this applic on this application at this time do you have anything further you wish to present no thank you all right at this time are there any members of the public who have questions if you have a question please come up and identify yourself and ask ask your questions if you have comments save them for later but questions question it's going to take if you have a question of these Witnesses at this time please come forward identify yourself and ask the question hi uh Jim scaria 185 field Crest Road Lot 7 uh next to the property um so once the dirt was added the uh your lot was 5 feet higher than my my lot so we received significant water which we sorry you have to make it a question okay the question is um I guess post this how's the grading will it be for lot s lot 7 is adjacent to lot six oh lot six that's too far away from here yes so we received sign [Music] and and his and after that is going to go down and SL this way the water which I know that go down to Lot number six so my only concern is I want to make sure the town uh you know looks through the plans because we had water and we had the engineer participate in our property okay all right yeah we can we can review that lot number seven and we can determine if these are up and there well I mean you know the law the law is there can be no extra runoff on neighbor's property from any project you do so any even a tiny amount extra is against the law and you'd have to remediate that correct we we going to look into that one very good all right any other questions by members of the public hearing and seeing none now is the time for comments by members of the [Music] public all right I'm Doug Carter you're gonna have to swear you in now okay because we have to the right to ask you questions as to that do you swear or affirm that the testimony that you're about to give will be the truth the whole truth and nothing but the truth yes state your name spell Carter I'm from 195 field Crest Road the owner of lot six okay thank you and yes I did give verbal approval to nible to run a drainage to my easement in my backyard as long as when it's done it doesn't look terrible so I greed because I really feel bad for the family they just moved in they're apartment dwellers they bought a house and they got dumped on with a lot of awful fill and now they're in a world of hurt financially to try to fix it and I understand that so what I'm I I'm doing the most neighborly thing that I know of I've lived in the house for 25 years I I have the lowest point in the block so I accept water coming in the only time it's actually overflowed was during Irene which was 2011 and thankfully my neighbors uh allowed me to use their electric to keep my sump pump running cuz I my electric went out and my basement was nearly flooded but that's the kind of area that we grew that we are in and the the previous owner was there from 98 Mike I still talk to him he lives in Virginia so he's amazed about all this kind of stuff so I feel bad for the whole situation the thing is it's just a it's just a like a construction area I took pictures today there's literally mounds of rocks and Rubble in the backyard that are 10 to 12 feet high I don't know how they're going to smooth or spread all this stuff out I think some of it needs to be taken away and then there needs to be a drainage system that is along my property line and then run into my easement and I'm okay with that but you can't I came home one day and the the level of the ground was 5T higher than it was in one day they must have dropped off 50 dump truck loads of dirt and then they went away there was the the people who did it kind of disappeared on Neville and I feel bad for their family you know he's got a couple of young kids he just at a level property so they could run around and play soccer and whatnot and it's just a bad situation all around them so I'm willing to do the neighborly thing and allow them to run into my easement which is a very uh very strong easement because like I said the only time in in 25 years it's actually flooded was Irene so run another pipe in cover it up with top soil throw some grass seed on it it make sure it gets Ed I'm fine with that so I guess I really don't have a question it's just some of the dirts got to be removed because I can show you pictures right now that it's 10 12 feet high in my backyard and I have a real estate friend who I invited over and said you know what that's going to cost you 10 to $20,000 off of the value of your house if that's there so I'm here to try to make things better or try to work with people but if you guys approve this I want to write of uh resending 6 months from now to say it didn't work my yard's a swamp and I want it I I I I want to write a recourse or some something that I can do along those lines so whatever agreement you have between the property owner that's the board doesn't have any say over that but we understand that um there is some sort of agreement so I'm sure that's the board is taking that into consideration but we can't say oh it didn't work out and now we our approval is going to be reversed that that can't happen actually could I ask you a question of Jennifer yes so when engineering after Sol Mo permit when engineering goes forward do they hold anything on escrow to do repairs if necessary this one according to their to their memo isn't mentioning escrow it usually does they performance guarantee of $2,000 of $22,000 but I mean you and I know $2,000 yeah it's not a lot is isn't going to so they've obviously they're the experts they've been to the site this is what they're recommending um however it if it doesn't work and like I said we usually say wait till everything settles wait till the grass that's when you'll contact engineering and you'll let them you'll both let them know that this isn't work mple conversations with what's the next what's the next option and they'll go over I mean they're the experts you know they're going to um if we don't approve it you're left with all those amounts of soil so I mean it seems like lit they're in a world of hurt because they had sobody come and just dump all this fil it's full of rocks it's full of asphalt it's full of Broken Bricks it's it's it's nothing grows nothing will grow in it and it's already killed five or six trees in their backyard and that was not their intention they actually took out their disease trees they took out some of the smaller trees and they looked over to my yard and I have 17 very large trees in my yard and said I want my yard to look like their yard my yard and they got taken advantage of they literally rather than dropping off eight loads of top soil or or fill they dropped off 25 and now he's stuck between a rock in a hard place I feel for them but somehow or another it's got to be fixed so I talked to Adam does Adam work with you yeah yeah Adam the one yeah okay I've talked to Adam I've talked to Paul at the town if it can work but I would like to have some way that we can six months or a year from now say okay did it work and I can tell you there's way too much fill in the backyard right now I can show you pictures it some of it needs to be taken away yeah moving question Jen are we allowed to increase the girl it's usually based on the ordinance and it's usually just in Liz's recommendation so I'm knowing do we have the authority to raise it if you do and he does not recommend or they can't afford then they don't get the soil moving so if you increase it to $10,000 and he doesn't have the $10,000 to pay for it this won't happen so there's kind of a catch 22 in that and just to go off that in all of our resolutions there's a provision that says if an applicant is deficient in their escro balance then the town can't issue any additional permits so you would need to they would need to replenish that so if there's if the town has to do extra work on the project and there then the applicant will need to add escrow money to that so it's an automatic adjusting of the escrow as so we don't have to do anything no okay doesn't sound like I'm sorry no no no no you just no if you allow me I mean the design was done and we calculated the volume of the water and we know I think we have the the drainage line is going to be like 12 in going to his existing drainage and after that goes through the street I think with the amount of water that's going to work and we have to test it we test it when the as the lady said when the you know soil is settled and then you know we're waiting for the next storm and we'll have to test it that's the only new way to test it and after that we'll take it from there if it doesn't work we have to come up with other come recomendation and I think the engineer is and the owner is going to comply with it Mr stanel um what is the uh because I keep hearing about the fill I guess i' would like to actually see hold on they're talking Sor we can't do can't have the the cell phone um it's oh really two stock piles like you know and like the middle backage of the yard like I'd say and that soil you didn't level yet that's still correct there's again two stock piles please don't um we we if we we would have to enter it into evidence you don't have printed copies we can't share it with the public it hasn't been distributed to the board so I apologize I'm sorry I I guess my question is is that um you know even with getting the soil moving permit one if it's bad soil like are their next steps out outside of that you know and two is is it the proper if it's not bad soil is it the proper material for fill or is it not proper that's why engineering is making them remove in their memo they're stating that they're making them rake and separate and remove all the brick concrete asphalt they're going to make them do that as they level it they also have Morris County Soil Conservation District to contend with also they'll need to much is agree to those uh okay ask for C okay so effectively they're agreeing to work with engineering they're agreeing to either provide a certification that the soil is clean correct or to have it tested if they can't get the mhm contract ctor to give the certification and they're agreeing to remediate anything that doesn't meet the standards and that frankly the quickest way to solve everybody's problem is to agree to this soil moving permit so things can get moving again correct does that summarize it y our engineer did did you nod to I again I haven't reviewed this but I'm I'm not I the issue of the the testing I brought up uh as far as the material goes I didn't see it so I've limited ability here however I will say that the property is not steep um if it was a steep property then I'd be concerned about a clay slopping down uh but it's not that steep so I don't think it's going to be that sensitive as far as texture goes uh but again you know it's going to have to be monitored to make sure that the material is put down correctly okay and that 6 month months from now if the water flows are not acceptable that the water is Flowing off into lot seven or lot six at a higher rate than it currently or previous to your dumping of the The Fill on the land is occurring then that has to be remediated too by the property owner correct yes all right all that has to be verbalized in the motion yes yes that MO as the owner of lot six I say okay okay you can put the drainage line from lot four over to my e me right that's fine well that's on the plans that we're looking at so we're assuming that those are going to be built unaware there plans now we're very happy that you have agreed to it because otherwise you know what I I like no one I like this family they're nice young family I don't want to be a tool to them you know and there's we have's three other neighbors literally next door neighbors here with and I guess I'm the spokesman for that and it states I we've lost some trees in the backyard and that kind of thing but they've done what they can do to to get the soil away from the trees so hopefully hopefully some of the trees Will Survive well trying to do the right thing as our zoning officer has has so wonderfully pronounced this is probably the fastest way to get through this process and get to where we need to be MH I don't know if any of you guys want to say anything all right we've got uh time for more comments are there other members of the public who have comments on this at this [Music] time hello I'm the homeowner okay could you just raise your right hand do you swear affirm that the testimony that you're about to give will be the truth the whole truth and nothing but the truth yes please state your name spell your last name and provide your address Pana last name r a n a 295 Atlantic Drive parip I'm the homeowner yeah I just had like I just wanted to mention that as Mrs Smith mentioned that um you speak up please so um uh we had the engineers from the town coming and checking the material they said it is not clean but it had some debris but we can um find it right I mean if I I don't know if I'm using the right work but cleaning it so we the work is not done yet it's still in the process and we had a stop stop work order so the um think not not sure the reports but the town Engineers I mean um I just wanted to say that we we don't we're not in the state of testing the soil because it's again like adding up to our cost as well uh we we we did get some estimates and it is a lot of money at the end of the day for us so and we had the town Engineers coming they mentioned that we can clean I mean find the soil with the deis like the stones and asphal and Bricks we can get that away with but testing was my concern so they have a stop work order so that's why they can't do anything until this is approved right so no nothing can move on they can't test it they can't do anything until this is approved and Engineering lifts the stop work okay well this doesn't mean that it would necessarily mean that you wouldn't have to have it tested you might have to have it tested okay all right the objective here is to get you to a point where you will know whether you have to have a tested all right if if we can get a certification from the people who brought the fill then that solves the problem I would have thought engineering would have requested that if they were concerned about the soil but they were on the side and they saw it and after that I guess this was well just for with information this the contamination I'm speaking of is not visible sometimes you can smell it okay but it's not necessarily visible it's all it's all compounds that are 15 letters long and you know it it you're not going to see and that's the concern because if it's a if it's a de if it's a d a regulated uh material you could be having a lot more problems and too much much dirt Mr chairman my suggestion is can we leave it to the discretion of the engineering department if they need testing we're put I'm fine with that just leave it up to the engineering department to make that call okay okay okay yeah anybody else have questions of this witness on this testimony hearing none and seeing none there any other members of the public who have comments what they wish to make hearing and seeing none all right do you have any more things to say no thank you then this closes the evidentiary portion of tonight's hearing uh do I have any desire for discussion or do I want to hear a mo is somebody going to make a motion Mr Deo people are pointing at you and saying that you'd make a motion I don't even have Mr chairman I'll make the motion if Mr Perfect um in terms of application 24 colon 523 Neville R uh 295 Atlantic Drive block 205 Lock 4 Zone R3 major soil moving permit I make a motion to approve with the conditions that uh Marina you have a good ready list at all all right yes so the applicant agreed to provide a certification to the township engineer regarding the clean fill if they that can't be provided then it will be up to the township Engineers discretion to require testing and Remediation um for contamination the applicant agreed to work with the neighbors to address any runoff issues if they arise um to perform soil percolation testing and work with the township engineer as necessary comply with the township engineer report and the Morris County Soil Conservation District report um and to a six-month look back if there's issues then you'll work with the town to remediate them okay um yeah that's my motion do I have a second I'll second would you call the RO please Deo yes McGrath yes math yes sha yes SM yes D yes benore yes all right thank you and thank the public for participating it's a sometimes it's [Music] effort all right Mr O'Neal I see you here I hope everything is all [Music] right you get the whole board instead of just the minor [Music] construction Mr meth was looking forward to cheering your meeting to chairing the [Music] meeting so we are calling application number 24 col 509 Paul Miller 220 to 250 Route 46 block 693 Lot 12 spot 01 minor site plan to install a security gate I as I told our attorney before this meeting began my family just bought a car from Paul Miller I don't see that there's a conflict but I just wanted to put it out there I thought I we don't see a conflict with that I'm sure my client thanks you for why this was a minor so we like to go ahead and proceed yes so what this is as you pointed out is a minor site plan for uh basically replacing what is there existing now with gates to uh pretty much cut off an attractive nuces of people cut through and help secure the site itself I don't know if we had any waivers in this regard I think we had a couple there just a couple um an existing site we don't have a lot of concerns um the existing proposed storm drainage and design improvements and location natural features and existing proposed topographic contour I'd assume there' be some testimony that none of these things are changing so we have no issue with waivers for that thank you do I have a motion to approve the waivers motion to approve waivers do I have a second second all in favor I any opposed thank you with that I'm going to call Mr meth sry wow Mr mlen sorry been a long day I see your method off to it's been a if called I will not answer we don't need Mr meth we need Mr M let's go could you please raise your right hand do you swear affirm that the testimony that you're about to give will be the truth the whole truth and nothing but the truth I do Patrick mlen of MCB engineering you've been here before is that true I have your engineering licensees are in good standing yes they are you've qualified as a expert for civil engineering purposes I have I'm going to submit you again I could also give a spell George I think I have it thank you then any questions on the uh qualifications during and saying done so P why don't you identify all the plant that were submitted what we're replacing with the gates absolutely um just take a couple minutes of your time this is very straightforward [Music] it's on um I'm just referring to the site plan that the minor site plan we submitted that has a revision dat of June 5th 2024 and specifically I'm looking at sheet two of three and it council is indicated we're here tonight because we're proposing five gates to provide an enclosure around the existing U Land Rover study I'm I'm sorry to interrupt I don't think I have that ver revision so I'll just Mark the set of three as exhibit A1 that was June June uh 5th and it was this one was issued in response to the planner's first letter so I know um I didn't receive it yeah you've had opport Mark Market is a better to be safe so thank you you're welcome okay so again uh the objective here is to bring security to this area there has been some uh some issues with um security and also uh the the uh thoroughfare has become an access route with all the construction that's going on around Route 46 so it's created some safety issues with some of the employees and also uh we'd like to discourage the traffic from coming through the site so what the applicant is doing is deploying the same strategy that they have on the back lot which is their inventory lot going all the way back to the original site plan approval several years back uh this area is fully dated two gates on Old blomfield Avenue and there's one gate between the two and uh that has proven to be very effective there's been no issues of late on that area of the site so what what the applicant is proposing is five gates uh along the east side of the building there'll be a a gate system that's going to block off the 24t aisle it'll be a combination of of a swing gate and a a manual slide gate uh so that that can be actuated manually at the back of the property this one is an automated slide gate uh so it'll be it'll be um uh done by by motion uh the gate will open we out for ins and outs uh based on on that uh action and then there's a third gate uh here between the two buildings again that's going to be a manual slide gate again to block the aisle uh the the through moving uh down the center aisle there'll be a fourth gate uh over on the west side of the of the second building uh again will be a a manual slide gate and then on the furthest to the west of of this side uh that will be a combination of a slide gate and a swing gate in addition to those five gates we just need a small run of fencing uh between the fourth and the fifth gate uh along the common striping for the parking those five gates and that little bit of extra fencing is going to enclose the SES of for security purposes the fencing that we're proposing is 4 ft in height and the fencing that we're proposing and the gates are the same systems that you're that are on the site already so it's going to look uniform and consistent with the rest of the site this is in keeping with other Paul Miller sites the system is similar to what's deployed on those sites it is have no further questions for this witness well the fire department have easy access through those Gates yes they will they don't have access through uh the automated access through the back gate I believe they wrote a memo uh stating such I was going to ask did did they on a miner does that go to the the fire department it to them but they didn't comment right well the swing gates are such that the fire truck is just push up against them and that's it for the lock yep okay it's not really designed to keep out fire trucks would not Mr stanel you look like you have a question not at all Sir Mr Matt so the fences are set back pretty far from 46 there's no chance of traffic backing out they are okay they yeah have no impact on traffic getting in and out of the property so all interal there's no other changes we're not reducing parking in any way correct no reduction in parking no change in the traffic patterns other than the the gates being put in place um again no no also of parking nothing like that so no no Earth workor no storm water no change of impervious cover just changing the mechanism just changing just and adding the fence just adding the fence thr the yeah a little bit of fence in the gates Mr mlen could you just clarify the fence system because the plan has chain link and it also States aluminum ornamental it's I I can to clarify it's the it's the same fence that that circum uh circumnavigates around the inventory lot so it's a chain link fence system any questions any other questions any questions from the public hearing and seeing none Mr O'Neal well I'm just going to go ahead and rely on the application as submitted there's no changes it's just uh for this gate to alleviate the attractive nuisance that self-secure the site thank the board and apologize for being late happens from time to time any members of the public have any comments on this at this time hearing and seeing none this closes the evidentiary portion of tonight's hearing do I have a motion Mr chairman I'll make a motion to uh for application number 24 colon 509 Paul Miller 220-250 46 blot uh block 693 lot 12.01 minor site plan to install security gate I motion to approve I have a second second Smith nor would you call the role please D yes M yes meth yes yes yes yes yes thank you everybody very well do I have a motion to uh adjourn yes motion to adjourn all in favor anybody oppos [Music]