want slide right in thank you Mike Beth has the meeting been advised in accordance with the public meeting act yes chairman it has okay can I have a roll call please Mr hich here Mr alra here Mr Bolton here Mr Buchanan Mr Elm Miss El Miss L um laurman thank you Mr Muller here Mr Shaw councilman zabowski chairman Tai here Mr Cornell Mr Val here Mr sordillo here we have a quorum we have no more moralization of resolution so we'll have I'll take a we have a a roll call vote and a vote for the minutes I need a can I have a yep a motion for the January 17th the second all in favor opposed okay do we do we have a Communications none this evening none site plan this evening we have one hearing 2069 Highway 35 LLC preliminary and final major site plan 2069 Route 35 Carl present your case yes mik Mr chairman John junko Jan h cees heing on behalf of the African this an application uh to permit through 69 Highway 35 LLC to amend their site plan the app the site is currently located as Lots 12 and 2.01 in Block 428 um known as 2069 Highway 35 in s the site operates as a uh uh garden and landscaping products uh business the um applicant had been had received uh some summons and in response to that had submitted a revised site plan to address those uh issues uh the current application the application is going to be presented before you will seek variances it will seek um a variance for front yard setback to an existing garage of 25 ft requiring 21.6 provided and that U and second a variance uh from providing a 50 foot buffer to residential zones in addition uh there is a variance for the front yard is outdoor storage for equipment and materials the applicant seeking several waivers um one is from providing a minimum of 10% of surface parking to be landscaped about the interior and to include one shade tree for every 20 parking spaces a waiver from providing hair pin striping for all parking spaces a waiver from providing all parking lots and all loading areas with concrete or Belgium Block curving a waiver from providing sidewalk throughout the site and along the frontage and a waiver from surfacing all the offsite off street parking areas with a voluminous concrete pavement and finally uh from way U dedicating off Street loading birth for the new pobor I have uh we have uh several witnesses Mr chairman our engineer from French and Perillo is Lena Baron um Kurt lugwig is the architect for the project and Andrew Janu from uh Beacon planning is our planner we submitted our uh application and uh provided notice to the adjoining property owners and provided that proof of service to the board yes Mr chairman I reviewed the uh public notice and the board has jurisdiction thank you um bring up your Witnesses all right then I'm going to call Lena Baron I'm going to offer that Miss Baron is a licensed professional engineer in the state of New Jersey I'm going to ask her to present her credentials and offer her to to the board as an expert in the field of civil engineering Miss Barone if I may where you Inn uh do you raise your right hand do you swear or affirm the testimony you to give this evening is the truth the whole truth and nothing but the truth yes I do thank you Lena would you advise the board of your credentials so yes uh I am a senior project manager and a shareholder at French and Perillo Associates I have over 25 years of experience in Land Development I'm a licensed professional engineer in the state of New Jersey and my license is current I have a bachelor's of science from NGIT and a masters of engineering from Stevens Institute of Technology um I have been practicing civil engineering for over 25 years and testified in front of many planning and zoning boards throughout the state of New Jersey as well as surrounding states most accept the Cals chairman i' make a motion to accept thank you all in favor I thank you so Lena you've explained all your background did you prepare exhibits to submit and support to the application yes I did can you um and can you then describe the prior approval and existing condition of the site sure so just to uh rehash on some of the background as we said the address is 269 Highway 35 it's on the southbound lane right adjacent to a drug handle blog 428 Lots 1 2 and 2.01 of approximately um 1.97 s Acres um the site has Frontage on Highway 35 that's its only Frontage including the ramp itself and it's located in the B3 Highway business Zone and currently operates as a landscape yard in 2001 a STI plan approval was granted with bulk SE variances um for the Landscaping yard and an office use uh the bulk variances were as follows a variance was granted from for the front yard setback as it relates to the existing garage um where 25 ft was required 21.6 is provided a variance was also granted from providing a 50 foot buffer to residential uses and um the previous owner had also received a use variance to continue the residential use on the property the applicant purchased the property after the 2001 approval was granted and at the time of the purchase the property was only partially developed with a residential dwelling so the applicant proceeded to make the site plan improvements to operate the business now can you describe the thought you pretty much describe the existing conditions are there any other conditions you want to advise the board of yes so there are a couple of differences from the 2001 approval um so the property has been improved and is currently utilized as a landscaping yard there are three structures on the property there's the commercial building in the rear the garage that the variance was obtained for and the single family home that is no longer being used as a residence the commercial building contains the applicant's Landscaping yard and office for sales and um there's also storage along the rear of the property which which is also the Westerly side there are currently 14 bins along the Westerly property line and two bins along the easterly property line and these bins are basically block enclosures that store uh Landscape Supply materials such as mulch top soil and various types of stone um on our site plans on our submitted plans you will see along the southerly side there are five bins shown that was the bins existed at the time of the survey and at the time of the preparation of our site plan but the applicant has since removed those bins uh located along the southernly property line the total of the bins now currently it's 14 along the west two along the east nothing along the southernly property line and then I just also wanted to note that based on our boundary and topographic survey that has been submitted as part of our application we did note that there is an encroachment um of the neighbor's fence onto the applicant's property that varies from 12 to about 15 ft onto U and this is that on the southernly side that's on the souly side that's right so that would be the existing condition okay so B on that did you make a proposal right so based on that what we're proposing to do is to um eliminate some of these encroachments and alleviate those concerns and also to hopefully legalize the use and um assist this business so that he can continue to operate this landscape yard so we are proposing to remove the single family dwelling that is no longer being used as a residence and replace it with a new Pole Barn Building that building would be 45 by 50 ft and that building would be used as a storage building only so again more to a warehouse where some of the materials can be stored um on the opposite side of the existing parking spaces we would construct five new parking spaces which would serve the new pole barn as well as the existing office building if needed we are asking to So currently there's also outo display storage in the front yard as you drive down Route 35 in front of that residential building and the road you see um some machinery and uh materials are being stored so we are asking for you to permit the outdoor display of equipment and materials in the front yard as shown on the plan um and we're also asking for that front yard storage to be not only in front of that existing building but also um in an area near The Jug Handle that's been outlined on the plan now Lena that that is display of uh equipment or machinery for sale along with materials that's right um as I noted earlier the five existing bins that were located along the southern property line were removed we are proposing to construct two new Bins which would be placed 50 ft away from the Southern Property Line in order to provide the requ ired buffer to residential uses furthermore we are proposing to enhance and improve the existing buffer currently along the souly property line there is a row of um trees we are proposing to enhance that by adding a lot more Evergreens in a staggered fashion to supplement that buffer and then also three more trees to be planted between the buffer and the bins so in total there there would be 5050 ft of landscaping between the property line and the bins and part of that would go into the encroachment area yes I also wanted to note as far as the buffering goes that what we are proposing are plants that are um drought and salt tolerant and once established they can handle these conditions that we specifically selected the planting accordingly they are native and non-invasive plants and um we would be proposing to irrigate those as they are being established and once established no irrigation will be needed I know that was a question that was asked so maybe just to go on to describe the outdoor storage again we would like to re um have outdoor storage in the front yard as shown on the plans um and we would like to maintain 14 bins total as part of this proposal Mr chairman can uh the board administrator put the exhibits up on the screen Oh I thought she was bringing papb don't know we were as to St PDFs uh Mr chairman if I may while while you're doing that I just want to clarify your last statement you said that that you're going to want 14 bins but I thought you said there's going to be 14 bins on one on the easterly side and two bins on the WN that's what it is currently we're proposing 12 bins on the Westerly side two bins on the southernly side we have to move the bins out of the easterly side because they interfere with an existing sanitary sewer easement over which there can be no structures so the as far as the site operation um this configuration that I just described would um allow us to continue the same access to the site that is from the existing driveway that is located uh along the northern property line we are not proposing any changes to that access the rendering if you have that one those was two plans and if not then uh she three she3 that one one thank you that one or the next one this one or no the the one previous one thank you thank you these were exhibits that you prepared or others under your direction and were submitted with the application and yes reproduce them your for submission to the board to demonstrate the site yes that's correct so then just go back to the access while the exhibit is being pulled up in the well not today but not so long ago there was a secondary access uh south of The Jug Handle there was an existing curb cut based on our research we did not find any documentation that do has issued a permit for this curb cut but this curb cut nonetheless exists um the applicant was using that so since that the applicant has uh blocked access by placing large block large blocks in front of it so that trucks can no longer travel down there and um we are also as part of the S plan approval proposing Landscaping um in order to physically put trees and vegetation so that the axis cannot be utilized Elena as we look at the exhibit that's now on the screen you're speaking about the area at the bottom of the page correct that's correct right here bottom of the page which is just south of The Jug Handle okay and that was a driveway and based on uh the summons it's been uh closed off yes and I understand that that has been uh noticed and inspected by CME so um I if you want I could jump into the uh letter the technical review comments by CME I think so so I just wanted to then um you know start from the beginning as far as obtaining additional approvals from outside agencies we agree with everything except for item e um since we are close closing that access and it's not something that the applicant has not constructed at curb cut we would just not be even seeking to go to njdot um we there's no plan to remove the curb Mr chairman the reason we have that now report is the original application was less intense than what is currently proposed so we felt that the do should at least have a chance to look at what the current proposal is since there was never approval granted by the do for what is there now if we provided a letter of no interest or if one of our Traffic Engineers did that and obtained the letter of no interest would that be sufficient that's fine that's fine as long as there's something from the do that they're aware of what's being proposed and they have no objection or they require a permit okay J they'll be required to get a permit from the do with the driveway they're not proposing to modify their driveway but they are intensifying the use so the question is do the do need to review it because of the intensification or not so that's the issue so it was never approved by the do and my another question is how many parking spaces were allowed on the original site plan because they're using that driveway now for parking so what is the approved parking and what are they requesting now there were a total of well I guess the applicants total of eight was approved we require nine with this new building and we're providing 13 and I would also was the question the question was what was approved 2001 before our client own right and then is that parking going to be included on his driveway uh no so the parking would be in a actually pull up the exhibit again it can identify the location of the park important it's coming so the parking would be uh in between the two buildings and also behind the existing um bar building now I would also like to point out that the driveway is 31 ft wide which would still allow somebody if they had to pull over they can on the and it still allows for adequate uh maneuvering for two-way traffic you're not proposing any parking Drive opposing any parking I'm just saying I have observed that often times people will pull up against the building so you'll get approval for the driveway less the parking on the driveway okay and uh and then furthermore I know that there is a requirement that this be reviewed by the Fire official so if the Fire official requires fire lane markings or anything like that we will comply with it so do do you want me to address your letter Mr Corell Point by point or should I just maybe go to certain items chairman we should I would think you there's a lot of issues so you probably should go one by one okay if it's something you can address you can just say we'll agree but most of them are waivers or or other questions that really need to be discussed by the board so uh item one we just discussed the permits item two the proposed use of lot 2.01 so we have amended the plans to show that there will be no access um for on lot 2011 and the area will be landscaped to prohibit any access for number three we have an architect that'll Testify the even um planner report we also have a planner who will testify this evening prep to testify this evening item five we have no objection to consolidating the Lots we will obtain the new numbers from the tax assessor uh item six so we are requesting for a waiver from providing sidewalk along the frontage um being that there are no sidewalks um north of the property and then going south you'd have to cross over the drug handle um so we would not be proposing to do that Mr chairman that waiver was granted with the original application our our office doesn't see any problem with that as it was indicated there's really no pedestrian traffic in this area thank you and actually Mr chairman before we move on uh just going back to uh item number five uh just to confirm one way or the other are you um asking for subdivision lot consolidation approval from the board as part of this application for the consolid consolidation of the Lots uh or are you saying that they're oper consolidating is Operation by law consolidation deed F would play te there there are multiple Lots present now the intent is just to combine it into one lot okay I just want to be clear for resolution purposes um item number seven uh the loading birth is required for the building so we are requ uh requesting a waiver of this requirement as um you know there is plenty of loading on the site itself and this building would not store any large equipment like that in order to need a separate loading bur what type of vehicles are used for deliveries to the site so deliveries to the site are you know dump trucks would deliver um the landscape materials and supplies about tractor trailers would papers yeah and they would access the rear they would not need to be doing that like we the would access they would access from Route 35 Route 35 but go to the rear of the property where the bins are there would be no need for a large trailer to access the new building what's the size of the trailer you can get back down in that hill so if you pull up sheet five I think it is five no it's not five not five s plan well no there's a truck turning template can you go down there it is nine so on sheet nine you will see the vehicle and the maneuvering to get to the back of the property why don't you describe what you're showing Lena so we are showing the access off of the existing driveway heading heading back to the what I'll say the rear of the property and then you have to turn around in order to back in to do the pickup of the materials or drop there's no there's no turnaround there you have to either back down or or back out well no you can pull forward and then go along the side of the building and then back in no I think what the chairman was saying do you anticipate anyone will back out onto Route 35 No we're further down the hill how are they going to turn around there's no Kovac down at the bottom of the hill where you're moving the bins right that's the road goes down you're moving the bends where you going to turn you got to back out or pull in in fact let's let let Lena explain that I think you'll pick it up right away why don't you to show how the vehicle how the truck you're coming in right you're going forward here forward forward then you pull forward and then you back down into towards the bin and then you just pull forward then out of the side okay which is really similar to what they do right now if you have a delivery of pavers for example how does that work with that configuration look that looks like it shows how someone is going to get to the bin if you've got pavers that are going to be delivered to the site and then stockpiled at a certain location how how would that delivery work well you could do a similar thing where then instead of pulling forward behind the building you could pull full Ward this way in the middle and then back in to drop off the pavers say over here right and then you could just do another maneuver back in and out to come back to the front so you're saying you don't need an area where a vehicle has to park to unload that's going to be accomplished in that entire uh well this entire area here is used for that maneuvering the entire area that's up against the truck handle I think Mr Cornell's question was actual unloading because the trailer would be onloaded with a fourth paper stop them move them out of the way the truck and they'll put them where on to display them store them so like I think are you suggesting that there's adequate area for all these Maneuvers that's what I'm saying is that there is currently areas that are being used for loading and unloading that a new area for this building is not needed per se and for the board's information you're technically supposed to have a 12T X 50ft designated stall for vehicles to come in and load and unload the applicant is requesting a waiver and they're explaining how that's accomplished on that property so that's really up to the board to decide because effectively there is an existing loading and unloading area re the lot the west side of the lot not changing the current shot configuration right right so that's what I was going to say next it stays the same the same spot on the Souther side uh actually they come a little bit forward what was originally you load them right now yes so that continues to be the same turning radius and rear of the lot to be the same correct correct there's no change to that capable of loading your bins today yes so you could assume you're going to be capable still loading the bins same way Lo today yes where are you storing the pallets of I got it so that's being stored in the rear part of the pro property on you're drawing you have a like a tandem truck making deliveries uh that's not a tandem no yeah yes well that would be also almost the size of a a dump truck I don't know actually how often a flatbed does come in just suggest do you have your uh house to the rear the building now to the rear right yes came I'm not sure how that maneuvering is actually happening on a flat Pad but I guess the concern is right that we don't want the truck backing out onto right right we we this is designed so the trucks don't back out to the highway in in inerior to the site they will maneuver through the site in order to make that turn but it and we didn't did you propose any signage to notify trucks that they have that you expect them to uh not no one backs out to the Route 35 no I did not propose any sign you think that'll be helpful right um so portions of the storage area are not paved with bituminous uh materials but rather surfaced with gravel we are requesting a waiver of this requirement as it would be more customary that um a landscape yard like this has gravel as opposed to be fully paved um so we're requesting a question are you using gravel or Mill gravel is what was there before and that's what it should be millings on the property well that I don't know okay right does anybody we're proposing a grael p gravel you're GNA put down okay anyone W for that yes right we'll go to 10 so we are asking for storage and display areas in the front yard setback so that is um if you maybe can you go back to sheet four so we hatch those areas and this cross-hatch so it will be the area along root 35 along this uh Jug Handle and then there's also a small portion of The Jug Handle again to the south of the property where we're asking for a to be allowed to store materials and Equipment you asked the the Department of Transportation if you can do that well that would be within our property we forgot number nine pursuing to the ordinance paring lot areas um yes so all the parking areas that are uh for the public would be curved with a concrete curb uh we are requesting a waiver for the rear portion of the site which would not be curbed and not paved again Leo maybe if you go to the exhibit you can demonstrate where the where you do plan to put curb and where we're not planning any so there is existing curb right here along the building and where the parking is we would also curb the new parking area as well and then there's curb going out to the front and for this portion right up here so those are the areas that are C accessed by Passenger we vehicles I guess so we at 11 all right so 11 so to review the specific type typ of uses that are proposed with this application um so out of the uses listed equipment rentals top soil mulch sand Stone sales dumpster rentals concrete block paper Sales Winter supplies masonry material sales and retail sales so dumpster rentals are not occurring at this site while this is a business that the applicant owns and advertises for he does not do dumpster rentals on this property all other use is listed we believe our part of the Landscaping yard use and I know our planner was going to address that in a little bit more detail but we are basically asking to be allowed to do a through G except C on this site as part of the S plan approval what do you do with your waist now without a dumpster I mean you must have things that are wrapped oh there is a dumpster enclosure and there is trash pickup on the site for the for that okay yes yeah no we're just like the applicant is not providing dumpster rentals for other people on the site okay M just up white are there any other uses that are proposed that are not included in this list I think this pretty well covers okay just want to make sure on the record that way basically the applicant will continue their current operation but reconfigure the site to provide more buffer to the residents to the South and to come into compliance with prior resolutions and uh letters from you and other officials as an example the original approval did not permit retail so retail is now proposed that's a used as proposed so just want to make sure that what's listed here is is everything that the applicant is is intending to do nothing beyond that well I'll view it further with my client but at this point the answer is yes thank you except the dumpster Reynold do have business but he doesn't operate it from this site just sales dumpsters would be just Reynolds and sales just his dumpster for his the trash disposal on site not for rent to others in the retail part of his store is he going to rent his dumpsters out no no that's the exact oppos anything about the dump nothing the dumpsters that are on site will be for his own use for disposal of onsite waste generation that's not what I'm asking I'm asking is he has a dumpster business yes and he does it somewhere else yes is he going to sell or rent dumpsters out of his retail space on this property that's all you may take a phone call or two there yes phone call is not going to hurt any well but there will not be will not be brought in or taken away from this site other than his own trash put that aside right right okay that's run as independent business but if he's on the you know he pick up the cell phone it could be at the office it could be any number of places that people would call and they can okay I'm I'm not opposed to him W or selling out of there just that he does he leaves them where they're at the answer to that is yes can we just clarify the dump locations there's a pad in the corner of the property that that's your basically your refu area are you saying that you're there are going to be dumpsters on the site used by the owner for disposal at other locations yes and currently uh there's other material stored in that pad so that would be cleaned up so that this enclosure would be utilized for recyclables and refu and that enclosure can be brought to compliance as need be in accordance with the ordinance so there's no other dumpster locations on the site other than that corner correct okay thank you also then since we're talking about the business operation to talk about the hours so being that it's a landscape yard the winter season is not as busy so what we're asking for is for the winter and winter hours to be Monday through Friday 7 to 4: and not open on the weekends now salt is also right so the exception is for when there is snow or bad weather forecast because they do sell salt uh and I believe they also Supply the board of AD as well so we are asking to be open as needed during bad weather for rock salt for summer hours Monday through Friday it will be 7 to5 and on Saturdays 8 to two 8 to what two two and typically there are three to four employees on site the location where the salt is stored I know you don't know show that on the plan I think currently it's closer to the Meritt Avenue area is that still intended with this proposal I don't know that for sure would have to ask well I think the important what I would we can say is it is not going to be on the southernly side there's proposal for two or three bins two bins two bins along the southernly side and that is intended to be a less um frequent what is it like less frequent pickup I guess something that's maybe not as and the uh salt during the season would be very busy for a couple coup weeks or a couple of months unless of course the weather keeps getting warm like it is now but in any event that could be uh I guess what you're we would agree Mr Cornell to put it towards the northern we that the concern is that salt is is you're saying could be after hours and if that's close to the residential that's that's an inconvenience for the residents in that area so if it's possible to have the salt at a location as far away from the Residential Properties as possible if if if I would say then we would agree to that or three Northerly most bins Northerly bins for use as food ass salt during the season of course should we move on to the sanitary sewer system so there is an existing sanitary sewer easement on the site um and there were some bins located over it the applicant will be removing those bins we just wanted to get on the record that there's no proposal for any structures over that eement thank you correct um the water system design report you're asking us to update it once we know the uh fire clows for the sprinkler system we will do that as we um do resolution compliance and perfect the approval we would submit that water demand Mr chairman that's typically something the board requires as a condition so it's not a problem to make that future condition moving on to the storm water drainage system um as you know Mr Corell this project is a major development um and a new storm motor management system has been designed for it back in 2001 a storm water management Basin was designed for this project but it was only designed to handle a certain amount of impervious and gravel that was well actually not gravel not as much gravel as there is today um so as part of this new plan we are proposing to add another underground storm water management system an infiltration system that would capture that increase and manage that in order to meet the required reductions um the second system the new system would discharge at the same location as the existing system which is to the um Farm field make take another Shuffle over to the board and that so what I'm showing is that the new building would be tied in to the system and there would be also inlets placed in order to capture that um runoff and detain the water in this infiltration system and then discharge it over here where the existing discharges we are also proposing an upflow filter which will provide 80% total suspended solids removal uh which is acting as a pre-treatment before the U runoff gets recharged Mr chairman for the information the board we went back and forth with the applic engine a number of times on the design of the storm water system during the technical review process the majority of the items have been addressed I think three and four just have to do with the maintenance plan so I think they they that could be a condition if you can address those in the future right thank you and we we um typically like to um prep prepare the operation and maintenance manual after we are sure that CME is satisfied with the design and then we would go ahead and prepare the manual ask you a question if the design fails what what's requ so you say you don't write the plan the maintenance plan we get a big storm both systems don't handle it maybe you need a third come back to here to get it or you just put it in on your own well so what we're designing for is the 100e storm um be coming fre which will be coming but then remember the 100e storm is not once every hundred years it's the chance of occur 1% chance of occurring in any given year so it meets the design requirements should there be a lack of Maintenance or something like that in which case um then the town would be able to come in and then back charge the owner for the maintenance of the system very much Mr chairman before construction the applicant will have to submit that information to our own office for re for review and and approval so that's something that will be addressed pror to any construction beginning okay Mr chairman I may ask to uh being new I I do apologize but does the board typically require easements for for these type of drainage or not not for something that's it's going to be privately maintained okay just want to make sure thank you landscaping and lighing Landscaping and lighing so if I might just if you go back to D5 to address that that's a an ongoing drainage issue that is that is something I would like to talk to in a little bit more detail because based on my review of the plan um of the prior plan that your office sent to me I thought that that plan was directing the drainage to lot 32 originally but yes I agree that there was some regrading in the area which we can either regrain now before we do the planting but I would rather not be removing any trees that already exist on lot 2.01 so if that's something that the board is amable to I I would like to work that great out with you if for a solution compliance for the board's information there are some Residential Properties that are being flooded as a result of some grading work done on this property so the intention here is to get the drainage away from that property to prevent the flooding from happening so if if the applicant's agreeable if we can work something out in the future to redirect the water away from that property I think that'll solve the problem thank you thank you um Landscape and Lighting so we have prepared a threee preservation plan and calculations based on that there is a deficit of 41 trees so a contribution to the borrow is required which the applicant will comply with um I have looked at the calculations to verify that at least 20% of the subject site would consist of landscaping where we originally thought that we wouldn't meet that requirement um based on our calculations we do meet it we would actually have about 25% of the area landscaped um and as far as Landscaping along the RightWay depends on how deep we can count the right away I have a a calculation and I'm just wondering how does the town how deep can one go be behind the RightWay line to count the landscaping and this is specifically a question to this strip along lot 2.01 because that will be all landscaped that's that's part of your property so that could be included in the calculation is there a limit to the dep or no I don't believe so okay so then we would comply with the 5% as well uh any existing dead trees should be removed and replaced we will comply with that item four in accordance with the borrow ordinance a minimum 10% of parking area shall be landscaped about the interior we are asking for that waiver because our proposed parking area is located between the two buildings so we believe that that provides sufficient screening and buffering mean the two buildings yes um item five the 50 foot wide vegetated buffer when a commercial property abuts a residential zone so we have maybe actually if you could pull up uh sheet 7 so this is the buffering that I was talking about along the southernly line and also the fact that we're now pulling the bins back so that there would be 55 to the uh 50 foot um distance from the property line to the bins and all of this southerly line would be landscaped up to the bins so we believe that we comply with that ordinance requirement there is still a 25 ft um buffer to the Westerly side which is a Farmland preserved farm field I believe so we believe that that is sufficient behind this site is Farmland preserve we check I check the d that 25 foot buffer was granted with the original approval but that was for three bins now there's 12 bins that are proposed within that 25 foot buffer area right and that's where we're also asking for a for a waiver for that being that um or a Varian I guess an active farm that it's an active farm and that there's no residential uses physically occurring in that location we have a later comment about possibly because you're intensifying the the uh amount of bins in that area and it is visible from the Residential Properties you may want to go through and and look to increase the buffering in that area well I think we could certainly plant more trees in that along that BM okay guys I think the planner has some issues with that as well so we can maybe talk about that more okay uh the height of any display materials equipment to be clarified so usually I believe there's like about four pallets high that are being stacked Mr chairman you have material storage stacked four pallets High in the front yard visible from Route 35 so they're looking for a number of waivers associated with that so it's really up to the board whether you want to allow that or do you want to try to dress up the site do you want to go through and you know limit the height of any pallets any storage do you want to have additional screening of that so it's not as visible from 35 those are the type of waivers that the applicant's asking for so it's really up to the board to determine if that's sufficient or if you want to try to dress up the site in conjunction with this application well in that regard I would like consider part of a retail business does expose yourself to the traveling public on a state highway it is a commercial Zone I think part of the idea to make it a successful business a continuous successful business would to keep some visibility that's the reason that um M Baron has planted the uh Southern B so heavily so we would like to be able to have it visible to The Travelers on Route 35 to see the uh products there any any business I think we want it's about 8 feet I believe sure pal well they were stacked there it was not it was like um bags of stone and and then there also pallets of uh pavers so there there's material on there's material four pets this no no no no the materials four four TI of product maybe high thinkt high you're saying yeah maybe no I don't know if it's 8 feet I just it's hard for me to tell what it is but it depends on the material exting material varies I do think we all I don't think we have OB with TR put prodct out for display but it should be plac out un aesthetically pleasing think standard should address well I think that's what this plan is intending to do is to move it it is it is an outdoor product business of course and I understand your point and would agree with it and I think that's what the client is trying to do but a screen along the front of Highway 35 to block view would be counterproductive to a retail business on the other hand organization which is being proposed here some of the features that would make it more attractive it's still they're selling landscape products so it isn't isn't like a furniture store that can be that people go in and kind of look around go and get your stuff and get to work in the meantime the idea is to make it much more attractive and to clean up the uh visibility from the highway but to make it useful now expanding the southern boundary in buffer from the 25 feet was Grand on the list in to 50 pushes that speaking speaker pushes that a little tighter and that pushes the activity more towards the north which is what we want to do to keep that 50 feet so we do need to have a a view and a display that doesn't mean it uh it it has to be uh ugly but it also doesn't have to be a screen of planning we'd like to get some visibility to the to the public so I think some balance in there is what Li this plan proposes and that's why we went that route we do the same thing with this company down here there a height to the storage that they have for through supplies it's the same type of business you know they they're commercial res you know they don't go 12 and 14 feet high you know well these products are heavy if you thr 14 feet high you better have a 4 we just don't want to see but they're not asking for that yeah a 14t storage area coming off the highway I don't know that you have aight Li you you as as was indicated you have set height limits before uh I think on the particular application you had maybe a six or eight foot high fence and the intention was to have that fence hide the material behind it here the applicant's asking for visibility but there there's no really no no screening at all you've got a a chain link fence uh that you're looking into the entire site so you may want to supplement this with some low growing Landscaping to kind of take away from the fact that you've got stock piles of higher material behind it so I I think that's would help attractive make it more attractive and still let it function and you also may want to put a restriction on on the height as well just just so you don't have you know 20 foot high stock piles of pallets there chairman there's nothing in the ordinance that restricts the height of the fact that they asking for B will display uh put something in place that would be reasonable for person thank you um okay so then we talked about the need to provide additional screening of the additional storage bins for the Westerly property line um so again we were thinking that maybe uh screening is not needed but if that's what the board desires we would certainly comply um seven seven to verify all areas which additional Landscaping installed to have existing gravel removed we will add that note on the plan to remove the gravel you speaking about the note on number eight yes yes so um number one so anticipated traffic patterns deliveries garbage pickup well excuse me one second but to help the board the section g parking and Road improvements it starts over that's number one under G that's what you're up to now so just to discuss obviously the uh passenger vehicles would be parking in that new parking lot we did talk about the deliveries to the rear that that would be they the trucks would be utilizing existing traffic patterns that they do right now and obviously the frequency of trucks depends on the on the weather and the season as well so with the summer being a more busy season spring and summer as opposed to Winter mrman I think one of the other concern was the number of vehicles on the site how many existing vehicles does the owner have where are they going to be parked it's not really shown you have a parking area then basically wide open areas in the back are there X number of dump trucks that this owner has where will they be parked are there X number of forklifts are they going to be kept inside the building yeah I think we want to try to get a better idea of of where things are going to go on the site just to make sure that all the dump trucks if they're parked in the back you're still going to be able to get your deliveries that type of thing I didn't prepare for that question so we'll have to discuss that with the client and also are there any rental equipment present on the Slate any vehicles for rent nothing thank you vehicle maybe I miss there is equipment for equip yeah equipment yes but like J Mr Cornell I thought you said I asked for vehicles I think the you did have equipment rentals was on the prior section that talked about that you were going to have equipment rentals but I think we want to get an idea of where that's going to be well that that would be um in the front here as well as in the in in the rear over here Hey whenever we've talked about parking we've also included customer parking are there Provisions for customer parking designated spots or No Yes or is it going to be like willly yes that would be up here between the two buildings and also there's some parking on the rear of the uh current handicap yes two uh one handicap they'll be designated for customers they're not just open parking spots that anybody can pull into they're they're striped and marked they'll be marked for customers yeah I think part of concern with the front yard storage area is what is going to be visible from the roadway maybe what you can do instead of having one big hatched area maybe you can kind of say that this quadrant is going to be used for Block storage the vehicles are going to be parked farther away from the road way so they're not going to be right up against the highway maybe you can better distinguish what the storage areas are going to be used for okay um so I think we talked about the deliveries and the refu pickup so as I said the refu and recyclables will be stored in the enclosure that's there which can also be upgraded if needed um number three any required signage and striping uh for fire zones that your uh borrow Fire official requests we will comply with excuse me can you go back to the uh refuges picked up will there be uh times that the I will be there to pick up Will that the times be limited for The Refuge pickup or will it be anytime during the day when does he come yeah it's all day in B during business hours typically they [Music] come I mean it's up to them really on the schedule really he could come in while customers are there we've would designated hours you know I think the concern the concern is a lot of times when you're near Residential Properties is having a truck come in early in the morning or or late in the evening so if it's during business hours I think that's less of a concern right it's during business hours and it is is also located on the Northerly side of the property um so the existing driveway does not provide for the 10-ft setback to the property line as required this is an existing non-conformity that we're looking to continue we are also asking for uh for a waiver from providing hair pin striping for the new parking spaces the reason being that the existing parking spaces do not have hair pin striping so we just want to match the existing condition comments I think that's it for engineering um Mr chairman you want us to review Mr Fowler's letter did you do for the 10 foot uh 10 foot back Mr that's an existing condition that was granted with the prior approv and that's not going to be modified with this application we can do that Mr you ready um off hook testimony so primarily we'll be responded to by our planning but uh Mr there anything like I think address most of your comments if not I think she've got all of the comments that address Engineering in this you can do that you run if you run through comments e there something you already address Carell report then say that go through that well one is discuss General operating conditions Staffing Etc I think we presented that vertical circulation with regard to the trucks that was identified directional arrows added to the ends of the main driveway we will add that just backing up to number two uh we went through the the trucks withal when they side next to the site just something should be I know it's gravel and pavement mix but something should be designated on the plan the show that area will not contain any of the applicants vehicles or it'll be no storage to those areas those areas are all would be free and clear what comes on site that it can make those Maneuvers I know you can't put it into the well I didn't see anything but just designate that area as an area that will remain clear to show the area like following delivery route or something on the plans we know that area is not going to have any materials stored there at any time or trucks CL there I want to go back to a business can't keep their vehicles on their on their business if it's a travel Lane that that would be designated for fire safy fire safety then it should be remain clear so that particular area we understand that and there's no intention to clog up the driveway fire but I thought maybe I misunderstood I thought you said that the this our client couldn't have his vehicles on the site no not in the travel area or that were using for maneuvering we agreed to we would Sor I thought that's what we were already involved with but the answer is just desate that on the plan I misund I miss I didn't hear you properly I it very ears don't work too well anymore so number three we will add the directional arrows um number four that's what we just talked about too number five all surfaces clearly identified I could show uh like a color rendering or something to submit that so it's visible what the distinction is between gravel versus pavement versus grass what you would have in mind yeah any kind of shading or so I can tell where gravas are and where this Pap okay um number six was the request for Street trees which we will provide in the RightWay um exclusive of The Jug Handle as you suggest so it will be only along that straight strip uh number seven landscape designed to comply with the requirements um I believe you covered that in number eight um we talked about the 50ft buffer extensively um I believe that we comply with that requirement again also Mr report just was received 2001 to allow reduction of the buffer with 25 ft along the rest poty line the current plan a fix 50 foot buffer on the southern side 25 foot on mer Avenue as we had said original plan that allow 25 ft had uh buffer on the westle side had three bins now you have 12 so um Mr Cornell had recommended I have Mar for supplement that par make it i' ask you to consider that this is an it's an active form today today preserved so if they haven't used their one house yet they could build one house on I don't know 27 Acres it's a farm you really want a screen between the farm screen they just asking that it be supplemented where it's not very dense at this point just supplement that buff along with that and I'd say maybe we can work with Miss sparo I'm assuming from your office and meet her and work on the work out the buffering uh our office and Mr fower as well okay we just addressed that irrigation uh irrigation so we're only proposing irrigation during the period that the plans are being established otherwise no irrigation is proposed item 10 ask for house side shields um so this is really applicable to residential areas as you state our lighting we're only proposing two wallmounted light fixtures um that are far from the residential areas so there would be no light spillage based on our design there no lighting um at all on the southern of the site that's correct there's no lighting there we're not proposing any and in fact we wouldn't even need it because the business shuts down um during evening hours well that would be on the North bin so not sure what he does today I mean how would the lighting work for the salt bin for the salt yeah well needed like yeah I mean they not where's it gonna go notos loading the truck at night they' probably have to they'd probably turn the lights on to make it a Safe Load you know but don't be for any time of loading just from the vehicles that we're actually doing probably to the vehicles to take to deliver this into the microphone we cannot hear thank you all right we um you have an architect that'll address the building same 12 I think he will 11 12 13 relative to sustainability solar panels are encouraged but not required uh our client does not have a plan to add solar panels at this time the rooftop is not very big w't generate much electricity um EV charging we don't believe it's required because we have less than 25 spaces however there is actually currently a level two charger out there so we are providing one fener W this is the issue we've uh discussed significant ly 15 about requesting that there be open to the highway for visibility there was a comment to put some low uh Shrubbery to make it more aesthetically pleasing and we've agreed on behalf of our client uh the buffering along the southernly side is shown on the plan and there was a request to enhance the buffering along the Westerly side to the farm I think was Carell had already covered the fact that you're actually just it's like going to be a reer wall the storage area in the front you're going to designate where you're going to have equipment stor where you're going to have material stor I lots of landscape businesses where selling Stone do the a nice display out front so people see that from the roadway it brings them in it looks more attractive becomes a sight feature also something that helps they sell product so if you did something like that and would show an area that where that would be then I think yes Lena you already agreed to uh show that yes so Mike Mr fell we agree with that so item 16 regarding the signs um we are proposing a sign that conforms with the zoning requirements um as far as any signs that are placed on fences or anywhere else that would have to be removed there are any I don't know um number number 17 existing refu area you had asked for that to be uh updated in accordance with the borrow requirements which we agreed to fire prevention and division of traffic safety um we will seek their approval we agree that Outside Agency is applying Mr Fowler and I'm not sure this generates any affordable housing under your ordinance and uh we will present architectural and planning testimony with our next two witnesses to justify to present a justification for the variances in accordance with the municipal Land club I Lena any other information that we have for the board about this site no I think that summarizes you know we're seeking to um to legalize everything and to comply with the ordinance and resolve the issues particularly along the southerly boundry and provide the required buffering and screening and seize the operation there yeah our client has you know worked hard to develop the business and uh he understands that he's got to uh reel it in a little bit to uh get in accordance with the the uh ordinances that's why we're here asking for a modification to the way it was approved and now the way to set it up to make it operate effectively for the business purpose but also to meet the uh reasonably meet the municipal standards as much as possible also uh with this buffering we really we do believe that the most affected persons could be the southernly residents and uh expansion to 50 ft in the buffering is designed to limit the impact uh to them from the site but that is a residential property next to a commercial Zone and uh you know well it could be limited I don't know that it can be eliminated you have any other people you want to bring out I do are there any other questions for Miss Peron anybody else question Mr chairman I yes I would like to call Kurt Ludwig our architect thank you thank you Lena Mr chairman Kurt's going to need a minute to set up his uh boards because he came uh with boards and instead of electronics because everybody can see thank you and I'll speak into this Monday thanks Mr chairman I'm introducing Kurt LW if I may first Mr chairman um would you please raise your right hand do you swear or affirm that the testimony going to give this evening is the truth the whole truth and nothing but the truth yes I do thank you thank you Kurt would you describe to the board your licensing your Education and Training I graduated from Arizona State University with my degree in architecture 1987 in 1991 I opened up my practice at 77 North Main Street in miltown New Jersey I'm still there um I've I'm a registered architect in New Jersey uh New York and South Carolina um I've testified in front of numerous boards throughout the state I've been working in this town for 30 something years but I've never testified here Mr chairman I'm going to offer that Mr lwe as an expert in the field of architecture motion to accept those credentials motion all favor say I I thank you thank you he Kirk so could you uh describe to the board the uh proposal for the removal of the residents and the replacement of it with the pobor sure uh do I need to Mark these boards yes okay A1 I don't know okay thanks so uh this board basically has a sight key plan as Lena had mentioned we're proposing a 45 ft x 50 foot building it's going to be a pole barn type structure with a gable roof um access to the building will be on the left side of the drawing here facing the parking lot will be an overhead door and a man door and I'd like to go to the next board and come back to this page if need be um the next sheet when you mark this A2 please which is going to be A2 and just for the record I'm sorry Mr chairman if could you just identify what the exhibit is you know not just identify so we so for the record knows A1 is a site key plan okay and A2 is a floor plan so this is our floor plan again it's a 45 foot by 50 foot building it will have a Gable style roof um slab onr construction our doors as I mentioned will be facing the new parking area we'll have one overhead door here and a man door here there will be windows on all four sides of the building inside the building will be a two-piece bathroom in this upper leftand corner and to go to the last sheet which I'll label A3 which is a drawing with four exterior elevations again we have our pole bar building uh this view here faces the parking area where we have our overhead door our man door windows on all four sides of the building we took the color scheme of the existing adjacent building and matched that we'll have the vertical siding and the uh Stone base on all four sides of the building and that describe the actual colors what color is the roof shingles the roof going to be and so forth so the siding is a metal gray metal the stone veneer this is the same very similar to the building that's adjacent and and then the roofing will match the the adjacent building so this building is in the same color scheme as the existing building correct it's kind of simple but that's anybody have any questions of being architect there was another architectural question that came over I think but I don't remember which one it was Mike Mr Fowler I think we left one for uh Kurt maximum height item uh 11 in Mr Fowler's report so we're proposing I need glasses um 18t 4 in and um is there any proposed facade signs no any proposed building mounted lighting only the lighting that's on lean's uh site plan two light fixtures uh um item 12 was the groups of buildings should have a harmonious relationship the testimony is it's the same colors and style um Commercial Business 2 million maintain a consistent design theme in your opinion as an architect when you designed this did you design it with a consistent design theme throughout the development yes and uh the renderings we proposed and a rendering of the proposed freestanding sign did you prepare a rendering for a sign no that's actually on the site plan but detail so that's uh any other any other architectural information uh no I just want to uh mention again we match the Gable style roof of the existing adjacent building and we match the the color scheme and the material so similar style same type of roof similar colors or the same colors actually Mr chairman I I don't have any other direct questions from Kurt Kurt thank you thank you up no I want to bring my planner up to justify the variances if I may Andrew Jan sure just going to put up an ex have copies second okay I think that tells the story of the property Mr chairman this is Andrew Janu a licensed professional planner I'd ask that he'd be sworn and do you swear or affirm the testimony you're going to give this evening is the truth the whole truth and nothing about the truth I do Andrew would you want to use this one uh sure would you uh provide the board with your credentials certainly uh my name is Andrew Janu um I am a licensed professional planner and a member of the American Institute of certified planners have a bachelor's and master's degree in civil engineering from the New Jersey Institute of Technology uh I'm currently serving as the planner for the buau of Carteret have for the last 20 years I'm the planner for the uh Bureau of Freehold as well uh been appointed by Governor Murphy to the State Board of Professional planners and I've testified throughout the state as an expert in land use I offer Mr Janu is plan anybody that wants to accept credentials like to accept credentials like second okay all in favor hi hi thank you thank you you're welcome Andrew we asked you to take a look at this and to address the overall design and the variances certainly uh from a planning testimony standpoint this is actually a fairly simple application uh this property is in the B3 Zone it's a highway business district that permits car washes automobile repairs automotive services uh bars Child Care Centers essential Services a wide variety of commercial applications this has been deemed as uh a permitted use and outdoor storage is also a permitted accessory use albeit we're seeking the storage in the front yard uh this evening uh as was reiterated earlier we are seeking storage within a front yard uh where same is not allowed uh we are providing a front yard setback F 21.6 where 25 is permitted that's an existing condition that was approved uh in the prior resolution for the prior owner um and we are modifying the buffer for to 50 ft along the southernly property line adjacent to the residential structures where 25 ft was PR uh previously permitted we're also seeking design waivers uh that were uh stated but that that includes uh providing a minimum 10 uh 10% of surface parking facility to be landscaped uh a waiver from providing hair pin striping and that's to match existing conditions a waiver from providing all parking lots in all loading areas with concrete or Belgian block uh curbing the parking within between the two buildings will be uh curbed uh a waiver from providing sidewalk throughout the site and along the frontage of the property I believe that was discussed a waiver from surfacing all off street parking areas interior driveways and loading unloading areas with bituminous uh concrete pavement again that was discussed in the southerly portion of the property will be uh done in PE gravel which is the area where a lot of the activity of loading and unloading uh with and the bins will take place and finally a waiver from providing a dedicated off Street loading birth for the new pole barn um which I also believe was discussed uh but going going on to what the variance relief uh entails in preparation for this evening I've reviewed your ordinances your master plan reviewed the uh review letters from Mr Fowler and Mr Cornell I reviewed the history of this property as well as the prior approval and the actions that were taken uh subsequent to that um and I'm here to offer an opinion as to the VAR relief um as this board knows a variance cannot be granted for the sole benefit of an applicant there has to be a public purpose and we go to the municipal land use law which talks about that but we have to have a foundation within the your master plan uh as well as discuss what other benefits are entailed with this application uh first and foremost I think this application seeks to reorganize the site to something that's more attractive as well as to eliminate a non-conforming use which is the single family home that's on the property today uh that will be eliminated and replaced with a conforming uh commercial use which is what's envisioned within the B3 District uh with respect to the general policies of your master plan uh those include and I'll quote from the master plan uh the creation of a viable commercial Community entity should be maintained and desirable business growth en courage consistent with the social and aesthetic policies uh it is necessary to maintain a St stable tax and employment base while facilitating the burough strategic location in Middle County and the state goals and objectives include continuing uh the encouragement of aesthetic and site improvements to the Burrow's major commercial and industrial areas and encouraging the maintenance of existing business community and providing for desirable uh development with respect to the B3 the master plan specifically uh identifies it as an area located adjacent to portions of Route 35 and Route 9 in the Garden State Parkway uh providing for larger scale comprehensively planned commercial development on lots that are 20 th000 Square ft or a greater in area this lot is just shy of two acres so it's on point with all those objectives in your master plan the description of the master plan and what we're seeking tonight is to reorganize this uh property to make it more attractive to make it more functional for the ownership to bring it into closer compliance uh with what your master plan and your ordinances uh envisioned for the area with respect to the public purposes those are typically identified within the ml under 40 55d and I believe there are two purposes uh that we Foster with this application uh the first is to promote a desirable visual environment through creative development techniques and good Civic design and Arrangement this application will buffer the Residential Properties to the South it'll be an enhanced buffer of 50 ft and we've discussed additional uh points of organization and beautification that we can address including supplemental uh landscaping and buffering along the uh Westerly property line and designating the front yard storage that we're seeking uh into an organized area where we'll identify what will go where and how it'll go as well as providing some low-scale Landscaping in that area to beautify that uh it is an unusually shaped property at a jug handle that creates uh significant challenges in terms of creating storage it has tremendous amount of front yarded front yard area because of that Jug Handle um and that really does as you can see take a bite into the property so what we are seeking is to create that storage in the front yard uh towards the highway Frontage which which is I think a better alternative than putting it towards the residential or the farm use is a little more bucolic a little more uh calm if you will and finally the coordination of various public and private procedures and activities shaping Land Development with a view of lessening the cost of such development into the more efficient use of land uh again this is an existing facility there have been issues uh over the years which we're seeking to resolve and to uh Rectify with this application it will bring it into conformance in terms of all the uses uh we are seeking the variants for outdoor storage I mentioned before outdoor storage is permitted in the district we're seeking it in the front yard where it is discouraged by the ordinance but it's practical location for this application because of the location and the adjacent property uses while it's a highway commercial and a busy highway commercial District it does a but a residential district and that's where we're providing uh the buffering and the screening that makes sense so when we're looking at the type of bulk variance relief that we're seeking uh it's known as as a c variance uh and in this case uh there are two types of C variances uh there's the C1 which is the hardship variance or the C2 which is the uh what typically the balance test variance meaning that the benefit of the variance outweighs any detriments uh with respect to this application I would qualify this under the C2 criteria uh the C2 criteria has five prongs to its test the first is that the uh and the positive criteria the first is that the application relates to a specific piece of property and does that the purposes of the municipal land use law would be Advanced by a deviation and I believe they would I read two purposes of the ml which I believe would be Advanced by this and I also think uh as the tretis of Cox's uh comments always bringing a property into closer Conformity is always a benefit to the public and that's what we're doing we're eliminating a non-conforming use we're fixing some issues excuse me we're rectifying the buffer to the South to the ad Json properties so that has a series of benefits to it as well and finally that the benefits of the deviation outweigh any detriment again the benefits of this are to organize the property uh you'll you'll have a plan that organizes the property designates the types of storage and where they'll be located uh it will create additional drainage uh relief on the property that Mr Cornell will review and make sure that we don't have any issues it's being it's regrading the property to avoid any of the uh flooding issues that were discussed earlier so I do think when we talk about this we are creating benefits that are substantial to the neighborhood and will still function in terms of what the Zone plan envisions for this property the two prongs of the negative criteria are one that the variance can be granted without substantial detriment to the qual to the public good and the term in the ml is substantial detriment I don't believe there's any substantial detriment when we look at the detriments uh we typically look at what kind of nuisances would this application create um by organizing the storage to the front yard which is really the relief we're looking for uh we are taking it further away from the uh qu the less compatible uses of residential and farming bringing that to the highway Frontage it does have retail sales you encourage uh commercial activity within this area we will have that organized you will have some control over the organization of that in this approval process so I think when we look at how we're factoring the nuisances um we're improving the property we're we're improving the drainage we're improving the circulation on the property we're improving the the organization of the property we're bringing in conforming uses so those are all things that are a benefit and not a detriment um and finally that the variants will not substantially impair the intent and purpose of the Zone plan or zoning ordinance um it it doesn't quite frankly this is a commercial District it has a commercial use it'll be a better organized commercial use it'll be a more attractive commercial use it will Foster uh job growth and as was mentioned this facility is even utilized by sville uh uh residents to an extent in that uh the salt uh is stored on the site and utilized by your board of education in times of Storms and winter activity so it is not detrimental to the Zone plan is not detrimental to ordinance when we look at this on balance I think this board can grant these uh the waivers all make sense in terms of how the property operates and will be configured and I think it's a good application with respect to the planning aspects okay I have no other direct question anybody have any questions to the player Mr chairman just for record keeping purposes are we just going to mark this as exhibit a uh A4 just since you have presented to the board by well Mark it I'm f with that okay Andy we can mark thank you yeah do you want to keep the big one or you want to keep one of the small one I'll just keep the small one oh okay would you mark it A4 please L has a question oh you could be closer open just more a matter of housekeeping uh and I think I mentioned my report maybe it's something for the attorneys also POS for the planner but uh in the 2001 approval in one section of the uh resolution it states that uh the applicant is requesting a front yard variant as it relates to the existing barage relationship to the drug handle 50 ft required 21 .4 ft proposed and then at the rear of the resolution it says the variance from the front yard setback requirement relates existing brand garage 25 ft required 21.4 feet uh proposed so the requirement is 50 fet I'm not sure why it varied from place to place within the resolution but I don't I don't know the southerly side it was 20 is 25 ft we're moving that because the neighbor set back front set back talking about yeah not the not 25t buffer but the the resolution back in 2001 states 50 feet required 21 feet proposed and then the back where it's mentions it again it says 25 feet required 21 proposed well we want to be we'd like the variant perit the building in its existing location but again I want that clarified on the notes on the on the front sheet you know where it says 25 feet one section and and 50 feet in another and then also the the exist the building that was proposed at that time is also 25 ft from The Jug Handle but this did not mention a variant so again for housekeeping purposes just wanted to make sure that it was stated that that a 50 foot Varan is uh 25 foot setb is exists for the existing building the large building at 50 FTS required and that that's being addressed again it wasn't mentioned in the resolution back in 2001 okay good thank you we would we we don't want to create any additional issues so if that's the case it should be just so it's mention that the resolution we'll clarify that in the in the memorializing resolution if the application is approved thank you thank you question yeah we're done thank you very much public I'll take a motion take a motion to off public motion open the public all in favor oppos when you come up please state your name and where you L and speak into the [Music] mic good evening good evening thank you very much uh Bob Duffy 111 Meritt Avenue I've been living there 46 years way before all of this as I've been around uh I just want to try to paint a uh a small picture uh I'm not a good artist so bear with me I appreciate it very much uh I want to first thank my neighbors that came tonight this is H very important to us and our quality of life living there uh number one it seems very odd that tonight they want to be in compliance for 4 years we lived with it he had 19 bins there and it was a [Music] nightmare so when my fellow Neighbors come up here and tell you about noise tell you about trucks tell you about 2 in the morning we lived it they don't tell you that part I have uh a lot of questions for the professionals if you don't mind if I can ask them go ahead okay uh are you our professionals or theirs uh I guess I want to know the the height of the BS does anybody know the height of the bins no no they don't know what height of the bins how much material goes in a bin how many yards they don't know that either is any of this material from the bins blowing onto your property onto merid Avenue yeah there's can I go to the map what you usually resolution right here take the take the mic that's okay just I can talk loud you're doing kid under the resolution of 2001 this is the north side it's the West this is the East and this is the South okay when they came in when when Mr buru bought this property okay he had to know about the resolution because he put that building up and that building was okayed in the resolution but then he put all bins down the western side and the south side which is not allowed to be done the township is now in litigation with this application I don't know what the outcome's going to come I've been following this for four years and I thank you very much because this is the first time I got to talk about it I've been in missible court two years postpone postpone change your lawyer change a lawyer I know a lot of this doesn't have have to do with the app application it happens to do about the applicator the person that's putting it up here for you as you can see chairman I I'm going to object to a if there's a personal dispute that you want to take up with this property owner that's not appropriate this for you want to address the application okay we'll address the application the there's 80 excuse me just try to keep it to the issue yeah okay I will I'm sorry I apologize you understand what you've been through with the the product that comes in to the land to the bins that they dump are what they called super dump trucks they're 88,000 pounds gross that's 40 ton going on that Pro propery okay so I don't think that land can hold that kind of trucks all the time number two the product that is delivered there and also that he sells it's a backhoe they have an alarm backup alarm so every they go five feet they go 5 feet reverse it always goes off so if they take the product and put it into the bin and it takes him half hour an hour that beep is going on at least a half hour turn around you have customers you have to take the product out of the bin which you have to go forward and every time you go forward you have to go in reverse beep beep beep and you dump it in the truck you back up beep beep beep turn around and go forward into the bin and get the product that's all day long the other thing he wants a lot of outside storage I didn't hear one mention of a h low I heard about pallets heard about how high they want them but to move a pallet you got to have a high low or a back ho they also have an alarm beep beep beep I don't know what the decimals are but it's pretty loud and since he destroyed all of the buffer between his property and Meritt Avenue we could see the highway like what's right there it's like being living in a warehouse all this storage outside all these bins and now we got to live with this this beep beep beep all day long the trucks that deliver the product the dumb trucks and it's a they do it to everybody they pull up and they let the back door swing and hit like a bomb boom in the beginning we thought there was an explosion and he and I just want to know he said about the they they would only work at night during an emergency how many emergencies are there one a year one a night two a month three a month shouldn't be any emergencies you're closed you're not supposed to be open selling anything so uh and the trees that you want to put in as the buffer what size of those trees they're going in8 to 10 foot high some of them will be growing to Mr chairman I think we need to have the witness come up to so that the mics can catch the answer to the question this is Lena Baron the project engineer so the evergreens are going in at 8 to 10 foot height there's the that's the sprues and then there's red Cedars at 8T High the sprues will grow 40 to 60 feet high with a 25 to 30 foot spread and the red cedar grows 15 to 30 foot high with a 10 to 20 foot spread how high every year well that's probably like a 20 to 30 foot growth how many years to get to 30 feet well that's that's a 20 to 30 wind grow it will take a while you don't know how long 20 years 20 to 30 20 to 30 years so now they're going to plant trees in 30 years they're going to be high enough that the trees they killed today why can't they replace those trees that they killed today the same height as they are now 30 feet what kind of a neighbor is he he would be I would think he would be more than helpful to do that now let's kill more trees well I don't know who put those trees in it's been so long ago but whoever did it knew exactly what they were doing because those trees grew into each other you didn't know what was on the other side there you didn't hear anything on the other side nothing and it took him four years to kill everything four years and they're dying they're dead there's a a neighbor that'll come up here and show you he has pictures of the dead trees he has pictures of what it looked before he took over and see what it is today and it's astounding and I think you should knock this application down thank you very much I appreciate anybody else from the public like to speak whatever you want long as it's not a gun I have a folder for each member you have one for the applicant uh we'll see I might if you don't we'll share one yeah he ask to get one too Steve the one with the green well Mr chairman I'm going to object at this point before this is going to be presented as evidence before it's handed out to the board it should be introduced as as as any evidence would be now I realize may not understand that but first we should understand what it is and what it's supposed to do yeah I mean we're just handing them out to the board at this point we're not accepting anything as evidence at this point we're just it's administratively literally handling handing them out so they're not doing that in five minutes from now one no um but that will be the first thing once we get this uh individual uh sworn in yep his name and sworn in because he if he is you are presenting evidence now so it's not just asking questions you will need to be sworn in okay um Mr uh do you want to first uh please state your name and your address Jeffrey short 116 Meritt Avenue Jeffrey Please spell your last name s h Au u t thank you and would you please raise your right hand do you swear or affirm the testimony you're going to give this evening is the truth the whole truth and nothing but the truth absolutely okay now can you ident you provided a binder to the board and to the applicant can you please identify what is this binder what is pictures pres ongoing over the years of what's been going on and some backup on some information that can you speak speak some backup on some information that nobody knows anything about okay we're gonna if this is going to be presented to the board and accepted as Evans you're gonna have to go through each document and identify what it is explain through it if anybody has any questions don't hesitate you have a uh incident report here with the Sao Police Department I have three of them okay and then you they were unloading trucks from 8 to midnight and then from 1 to 4:30 in the morning yes well at different hours board member I'm sorry don't everyone let's let's let him first identify each document and go through it before we start asking questions because we haven't identified and verified what each document is yet um we need to do that for evidentially purposes uh and allow the applicants attorney to object before we start going into the actual uh information contained in those documents and just for uh also record Keepers purposes we need to mark this as an exhibit um it's being presented um how how does the board usually present o 01 for okay 01 so if you would please go through uh this is a extensive binder but if you would please just identify specifically before we start getting to questions each document I I see that they've actually been looks like you have them numbered uh with the stickies but could you please go through and identify each document in this so that we know what we're talking about when we go through your testimony um I think it's probably best if you identify each at least what the documents are right first and then we can go through your test documents are pictures of the site specifically certain areas the documents are pictures of different areas of the site and there's some information on silica which will be represented in the pictures and also on wrap which was also going to be represented in the pictures which is asphalt grindings and you have like I said there's there's little stickies on each page or lot page those the numbers what what are those well take the first page of silica if you'd look at picture 12 31 32 and 33 I can explain what so those numbers corate to the picture that's in later in the bind while I'm talking to you you can go to page 12 and we can talk about it okay thank you so if we want to address silica first what don't we go through all of them you have any objects after that we R okay the second one is a a report on asphalt millings okay I I to be honest with you I haven't had time to highlight everything in it but there's a lot here um the next piece would be the police reports um one of them is when the applicant sprayed some of the trees along my fence line and today those trees are dead the second report is um the excess flooding I had a the second time it happened I I filed a a damage Report with the police department and the third one represents the night of January 17th when he was loading salt came back three or four maybe five times during the night course of the night and if I can just interrupt you for one second the Poli the three reports that you provided were you specifically involved in those uh do you have direct knowledge of those reports and the was the first okay he's in the audience and both of the second ones I was involved in okay second and third one the next picture is the overhead view of the property in 2015 please notice the trees around the circle entering the circle specifically which is the Border line on that where that proposed roadway was that he was using and the rest of the way around the circle the next picture number two is two years later when he first moves into the yard as we can see the trees are dying or gone we can also see the lot where he starts to excavate to put his drainage pit down at the bottom of the hill third picture is same as the one that's on the board there showing all the bins storage number of vehicles picture 3A that's when he begins to put his drainage pit in if you notice it's hard to notice but it's there where that truck is sitting he strip mined the property removed all the sand to lower it as he's doing this don't ask me why he would strip a line the whole piece of property yes he lowered grade picture four where that property was lowered shows the first truck dumping asphalt millings there's a thousand pictures I'm only bringing a few picture five shows you tractor trailers going up the side of the road next to my house picture six those are asphal millings through that whole yard I stopped counting at 50 tandem loads he's moving it with a dozer that's the old machine in the picture same day is at the end of the day when it's leveled out asphalt millings for Phil uh 214 just shows you a tandem dump truck going up along the side of my house picture 8A shows mulch stacked in the front of my house those what the trees look like in picture nine before they kill them the multi pile got so high got knocked over and stinks to high heaven All Summer Long picture 10 asphal millings going up the side road that they're proposing to close that's a roadway that's what's killed I'm going to interrupt I'm GNA have to ask object to each of these photographs because they need as you you're introducing photographs as evidence have to give some indication of who Took the photo when it was taken where it was taken from and we're going to spend a lot of time can you give him that information I took the pictures the dates are on each picture all the pictures absolutely how' you get number one and two though number one and two that was an aerial shot from Google you have a helicopter or plane Google you Googled it so you didn't take that piure yourself we'll take those two out we'll go okay I didn't take that picture that yard never existed so we could take those two took that picture rest at the very least who took that picture our our planner he have a helicopter he has a he has a come on come on stop for the record this is Google Map let me ask a question question let me ask a question to our lawyer are Google Maps admissible for evidence uh yes we've well I can't say that this board I'm I'm new to this board but yes planning boards often accept Google Map photos as uh location and the time and where they were taken from and when they were delivered no this but if not I believe that Jay your office took Google pictures or had aerial photos they actually hired somebody to send a drone out early on mrman in conjunction with the Burrow's litigation at the request of a Construction office our office did have drone pictures taken of the property and actually we provided one of those copies to the board for your information you object to that well I do I object to using uh uh photographs taken for another purpose for here the reason we came here is to fix those problems uh Mr chairman if I may I understand um that some of these and some of the the the testimony may not go to this application what I I I understand what let me just finish let me just finish uh there may be some of this may be relating to the prior violations or complaints that the neighbor may have against uh prior operations of of the the site it may not necessarily be directly associ did with this application I think what we need to do is allow the uh the witness to the at least the opportunity to continue identifying what these pictures are and what they what um uh he's presenting to us at that point the gentleman can provide his opinion or testimony as to the application if he starts going Beyond and starts talking about the underlying litigation which is not before this body uh then we have to stop him if we start talking about uh prior complaints or prior issues that go outside of the jurisdiction of this body we will we will try to narrow it back down but for at least for right now I I would like to give the individual subject to Mr Chairman's permission the opportunity to at least go through what he's trying to present identify what they are if he took these pictures he can tell us what they are and when he took them and whether they're relevant to the application we could talk about after that right I'm in agreement with that go ahead okay picture 11 is a being offloaded alongside the house it's probably dumping something but I don't have a picture of the riv it I couldn't tell you well as I know is that's one of his dumpsters and his truck picture 12 um that's his truck which is a dumpster and as you can see there is dust behind it okay um every time a truck goes up and down that road that's my backyard there my deck is covered with dust and dirt you you can't go outside and sit at the table anymore as as of today um picture 13 is also taken from the back of my house he excavated behind the state's property which is the back side of the circle he created a road to park his equipment and as he's doing it he put to wrap on the state's property which kills all the vegetation which was a buffer so we didn't hear the traffic coming around the circle picture 15 is just another picture of it going furtherly around the circle seeing more trees dead or gone picture 16 is Saul and and WRA he took his XX salt that year that he had left over put it up on the hill to kill the any anything that grew there it's all rock salt picture 17 shows his loader going up and down the hill if you notice there's not a tree left around that Circle if you look bit of last year that's water that's rushing through my yard that's Defence picture 19 is my backyard due to the way the property was gr it um picture 20 is a picture of my basement where water came through picture 21 is 9123 water's coming through the back of my yard through the front of my yard underneath my deck in picture number 22 picture number three the force of the water from my yard and from his property is rushing through the fence at the bottom of the driveway or the bottom of the by the road and from my yard picture 24 will show you how much water is directed from his property through our property picture 25 the pressure of water is so great it pushes all that stone into the street picture 26 shows him moving blocks along side of the road up to the front of the property picture 27 which is in if that was the area where that you saw the mulch in the bins before that picture was taken from that spot he builds a ramp because one of his machines isn't big enough to load a tandem dump truck so he creates a ramp to load the trucks every time he goes up and comes up like Mr Duffy said be be it's all day long picture 28 is 1724 808 p.m. loading salt 8:11 p.m. is the same picture with him down the bottom of the hill loading the salt picture 30 shows the amount of equipment and the size of it going around the circle um that was taken from my truck as I drove around as you notice there's not a tree alive around that Circle picture 31 picture 32 and picture 33 is silica dust when you dump Stone any kind of stone and I have MSDS sheets to show you that it's silic dust is hazardous and cancer causing picture 34 is burough servil lot 432 lot one you just spent over $100,000 to put a children's park there silic dust travels I believe it's 750 m which is is over 2,000 ft and will stay in the air for 10 to 12 Days picture 35 was taken on 224 showing you that he's prepared to load his bins again even though we're here today not having an approval the original drawing showed 6 foot high bins as you can see there's 1 2 3 four five bins I'm going to guess some blocks are 20 24 to 30 in a piece picture 36 is the infamous front yard that we want everybody in the public to see you got to be kidding me okay this picture doesn't have a number this is from the this is water from the outlet of the underground detention system that's draining into deer's farm that outlet is at the bottom corner it's strained into deer's farm and that water sure isn't clean coming out of it because it's running through the asphalt grindings before the retention system that's another picture of the same area just a little bit further down you took these two last pictures yourself as well is that correct no I didn't these two pictures were taken by my neighbor who's sitting in the back because he lives on that corner of the property it's behind his house um I have in the front there's two MSDS sheets um one of it I only did two of them because there's so much information here I could be here all night um he's got River Pebble which he clearly indicates he's selling and he's selling masonary sand if you read these reports crystalline silica causes D damage to lungs to prolong the repeated exposure from inhaling dust there's dust all over my house it's there every day that dust can linger for two to three days I have a three-year-old that comes out we have to wash the deck off before we let the kid out the back door to go on a deck this something's got to stop I I I don't know what to do you've got information here I don't know if you're going to use it or not use it but I'm I'm giving you everything I got and the flooding definitely has to stop at my house um Mr chairman if I may just um based on what you've and I appreciate all of the work you put together this binder it's very impressive um do you have anything further that would you know address any concerns specifically now with the application not necessarily abely to go what's that I'm sorry you can't have 15 bins if you're going to dump all day it's silica dust it causes cancer every time you DP and the buckets he didn't mention it we just don't load a Chuck it's boom boom boom boom boom he shakes the bucket all day okay it's it's ridiculous and their plan for loading and unloading there's not enough room there for a tandem trailer okay it's not there and the garbage truck it's a front loading garbage truck that picks up his Refuge that has to pull into that driveway so it has to back out so you're going to tell me the dumpster guy's going to pull in and he's going to go down the hill is going to turn around and leave it's not happening besides that I can't figure out how he's getting garbage pickup from the burough serle but that's another subject and that's all I that's all I have to say tonight have you tried to resolve these issues yeah for four years and that's it just we went to zoning we went to construction official and we just got tied up in Coury kept changing attorneys um tried to say his property wasn't his it was under an LLC and back and forth his father had passed away which we understood um and we' just been in and out and changed prosecutor and serval that tied us up so there's been no meeting with the neighbors and it lasted about 30 seconds try to resolve 30 seconds I mean listen I own a business too my neighbors never said a word to me about my business and I loaded salt at night but I was smart enough to load it and take the backup alarm off so it didn't go off all night it just just I I can't explain it how do you know it was silica did you have it tested what's that how did you know it was silica that was in the uh read the MSDS report no how did you know in the pictures it was silica did you ever have the air tested or anything no no I didn't have it tested but every stone that he supplies and he gives you a list of them on his drawings just pick out the stones go to MSDS and read what the report says it's Sila dust I don't know rights to request monitor do a baseline some monitoring I couldn't quite hear it Sil do monitoring standard practice for perspective sites our rights to request first monitor time everybody's ready the silic question because you don't live there so well you could do cic monitoring we can if it's allowed we can request uh noise monitoring to see where within any kind of noise medication rules that we're allowed to follow we may be able to ask if the applicant can change out his backup alarms to White Noise alarms rather than beeping if I can on the back we're within that on the backup alarms we've had this come up on numerous applications it's a Federal Regulation you can change from off as ask Mr Cornell not what I was asking not what I was asking you could put I'm a contractor you could use a white noise it's still a noise it's not the loud beeping and we use that often in residential and populated areas when we have excavated loaded in perfectly lot legal by ocean I've never had that two three look it up was that that's two three we got the drones we got that and we got that that's it's all right something new yeah it's it's Federal Regulation if you have if there's a modification to it that permits a lesser sound less I no problem you that sound was not there to aggravate the neighbors because of the regulations this is a um they do are requesting variance relief so we can ask for reasonable um conditions on this approval uh one of the issues is with the variance relief is effect on you know negative effect on the neighboring properties as part of the proofs that are required for uh granting variance relief so if there is a question of noise and excessive noise U exceeding the property line we can as a condition of approval if the board grants approval is require some type of uh testing noise testing uh at you know during hours of operation and you know continuing monitoring we'd have to set some type of parameters as to you know a a baseline versus right and then U and then you know some type of a year out or half you know six months a year out two years out as to come back with the you know subject to the the board's professionals the town Burrow's professionals uh compliance that they do continue to uh maintain that was made to the EPA right I mean that that's that's something that is within uh the board's discretion because with ing the variance like I said it does require uh you know the negative criteria so if there's a question about whether or not they meet that negative criteria a condition can be imposed and then have silic as well silicon do monitor have same program uh yes I I believe so if that's or at least we because we don't I don't think we have any test testimony conclusive that it is silica at this point so we can do just general dust testing as to make sure that dust you know leaving the site you know meets all re sampling see what it is and then but but it does it yeah I I wouldn't limit it to silica because while that may be it may be what it is and it may be what you know uh ends up being but at this point we don't know we just know it's a dust normally we just call for air samp right and noise sampling and noise sampling with the white noise well the white noise is the is the alterntive to the beep right so that's a that's a positive stff but the want the noise monit find what the operating hours are the business hours are because obviously he's not living up yeah he he he thought this Satur uh Monday through Friday was one and then Saturday and Sunday was another Sunday Sund and so if the board did Grant the if the grant board granted the approval that would be the hours of operation they're agreeing to so if they did violate that it would be a zoning violation because they would be violating the terms of this have that monitor though too right well yeah I mean that's that's yeah that's within the municipal monitoring of any zoning ordinance of zoning violation yes however if the school's using it for salt on the on a overnight well that's something we'd have to specify you know I know we talked about or they I shouldn't talked about the applicant testified that there was uh there's going to be times that it would be at night for emergency purposes for salt we'd have to in the resolution be a little bit get a little bit more specific as to what those times are and what the purpos is it only going to be for board of education purposes or is it for other public bodies that may need the salt at that time and when is it you know when those only those bodies request it or you know is there some other type of terminology we want to use that's something we'd have to work out with the applicant if we uh decide the board decides to move forward with the application but yes it's something that we I think needs to be further fed out uh as well as one of the items that I was going to bring up um is with regard to talked about the height of the um the bins but we never actually landed on it it the board was talking about setting forth and coming to an agreement on a maximum height but we never actually said what that was so we need to go further on that but the height of materials yes the final storage as as to all the bins you know when they're stacked up what's the max we're going to allow them if the board grants approval for this we need to still talk about that with the applicant as to what um we want to impose and what they will agree to Jem Mr CH is the issue with the uh the off hour Le of the property is it because of the noise in the trucks like for instance recently January of 2024 called the police was it because of the noise oh yeah he's he he he loads well God knows who's coming in the yard it's only a Mason dump a small guy he comes in starts a machine up comes down the hill it's probably not even Brian one of his workers can't blame him um they load the truck boom boom boom with the bucket backup alarm the whole thing guy leaves maybe another guy makes a phone call calls an hour later here comes another truck it's more than it's more than the beeping though oh it's loading the truck you have to understand when when when a loader shakes his he he empties his bucket so he rattles it bmm okay every contractor in the world knows that just like a backo operator it just wakes you up I mean it's loud okay so Jim Jim's idea would affect the beeping but not no no no the beeping is probably half of the problem yeah it's it's a dump trucks and get tailgates the tailgates slam so hard it probably scares the people on an terce so the the flooding that you're experiencing and Jay um with with the drainage issues that are being addressed here in fact the flooding that we still to eliminate the flooding in those pictures we raised the concern based upon the resident's complaint about flooding the applicant has regraded the property to direct water onto the pro onto this resident's property I think the engineer indicated that they could regrade it to divert the water away from the property so that should address the flooding concern listen I've been there since 1998 I never had water till two years ago okay Al you have to address the trees those trees just didn't die because they decided I'm going to die today those are 70 to 80 foot trees coming around the circle they died for a reason they died because there's asphalt grindings or contaminated fill stacked up around those trees I don't have any of those pictures but he had mountains of dirt stacked up around the roots so he's killed those trees down at the bottom of the hill where they end the Mir Avenue is those trees went all the way to deer's Farm they're 40 foot trees you couldn't see through them the ones by deer's Farm or my neighbor's property those first eight or 10 died two years ago they were sticks the ones at the end of Meritt Avenue but and go closer to my house they're still there but they're barely there what's killing them he can plant as many trees as he wants tomorrow morning and I guarantee you in two years they're dead you got the Asal Mings in the ground the water's running through and it's killing them okay I'm not a rocket scientist but put one and one together it's two something's killing the trees okay a the circle same thing that Circle was for cythia bushes all the way around green all year they're gone show them that Mr sha we're we're trying to address some of these yeah but those are issues well you're not I mean don't have an expert here to say that there's def definitive chemicals that are killing these this vegetation okay so that's what I'm saying so I'm not saying what you're saying is incorrect you're just saying there's no expert testimony report saying this is what's causing it but we're trying to address some of these concerns so what I'm hearing is the flooding the dust and the noise so we've got a potential way to to Abate the noise to deal with the the flooding through the so I'm now I'm turning to the Dust how do we prevent that dust from going on neighboring houses without boosting the the buffering up instantaneously is there a way we can do that I'm looking at you're looking at how to fix it I'm looking at how to stop it well we're doing what we can did you did anybody hear what I said it causes cancer if it's silica dust and you're going to put a park 200 feet away what are we doing those are children if if what you say is true I agree I just don't we don't have any experts testimony and I and I understand it so you have to follow up yeah no I mean if if that is the case and it's affecting your property you have your private rights as a landowner to sue them and get your well that's coming next as a nuisance you go into a Chan and you get an injunction if they're putting deadly chemicals on your property um right now we're not saying what you're saying is not true we just don't have the evidence in front of us it is silica and it's so monitoring will will verify that do that and just to to clarify this board doesn't have the ability to stop the use this board is only hearing and that's that's why I said we have to make sure we stay within the jurisdiction of what this is being presented to this board this board is being presented with an application to modify the amended site plan to modify uh the site and what we've heard testimony for and and our board professionals as well have have have noted in their plans is that a lot of this is alleviating the conditions a lot of the existing conditions that have been found in violation that there has been violations issued on and that's what this application is to address and we're trying this board is here to try to make sure that it's done in the correct way but it is not to shut down the site we don't have that Authority it's even if we denied the application the site still continues to operate this is just to address the application that's before the board and from what we've you know heard testimony so far it is trying to Alleve a lot of the concerns that you're dealing with and that's why this board is trying to engage with you to try to see is there anything else that maybe there is within our jurisdiction that we can address with the applicant here as part of the app appliation but I just wanted to address because I know you said you know we want to stop it not amend it but that's not what this body this body does this body can only address the application before it well can I just clarify because from my understanding the original resolution allowed for a landscaping business that's exactly this seems to be something that's far expansive than a landscaping business so is it within our realm to be able to have decision make a decision that's related to how over this site has begun or not because that doesn't include all the addition product that's there now so if we can't address that then we're addressing it on the back end of noise pollution and all this other stuff that allows something to go on when maybe we can address it right up front say some of this should be prohibited and shouldn't be happening to begin with so I need that to be clarified because I think you made that unclear to me I apologize if I made it unclear I didn't mean that we don't have jurisdiction over over what that application is before us but we have and and but let me be clear though they have prior approvals they have been operating landscaping and if there is a violation of that it's not this body that is the judge and jury that says you now have to stop working that is the zoning officer filing complaints and it goes to the municipal court or the superior court that actually makes that jurisdiction it says your current violation of your prior approval or the current Z zoning ordinances what this body does is review the application and makes tries to work with the uh property owner to develop it to make it as comp as 12 additional bins of new material is that correct from what I understand yes so is that also part of our decision making whether they can have these 12 bins of that yes because if you're going to vote in approving it you're seems to me ridiculous that we're going through this entire charade of doing all these things to be able to mitigate something that shouldn't be there to begin with no I and I agree I I I don't mean to to to make it confusing I'm stating that deny a denial everybody else no but my point being is if we deny this application the board says where where're we don't like it you're not going to do what we're asking you to do you're putting too many bins you're not going to Red we want them to ruce say we the board goes back and says we want to reduce them to five bins and they say well no we're not going to do that we can't and we deny the application that doesn't mean all of a sudden tomorrow they're not to go and start operating as as they are I just want to be clear to the public that that our action doesn't stop that's all I meant was we don't have the ab abity to adjunctively stop them from from from operating tomorrow but we can say you're not permitted because if we Grant approval that means they are permitted and they are be able to operate based on what they're presenting so then we do justify it based upon the terms that we agree to and the condition that we impose if the board does Grant the approval is this a permitted use to store the that material in the bins three bins i i i defer to our Planner on whether it meets the permission three bins were approv initially BS of what though what could they St dirt and mulch the original guy was wait a minute where are you getting dirt and mulch from the or he was a landscaper this is a typical landscaping business I think we've all been to any of them even Home Depot you can buy Stones there you can buy rocks you can buy this is a very typical for a landscaping business that markets not just to retail but to wholesale and I think what we're you're hearing is a sound objection to I didn't know of uh I've had this come up from multiple clients over the years the issue of the beepers and it never gets further than change the Federal Regulation and you don't have to have them now there must have been some amendment to it I'm not aware of that perits another type of deeper so be it if that's available Cent would put it in the issue I have is you have a permitted use that is causing a nuisance on the neighboring property a nuisance isn't a permitted use so he's got pictures showing his dust and it's invading his land so that is a nuisance in in my view and so how do we but it's an issue too where you have a commercial use permitted next to a residential use this particular neighbor has chosen to expand his yard 15 f no client's property he asked move it he told me his attorney told me that someone was sick there we backed off and is it just one property AFF let's address that property in the fence the property in the fence I'm sorry sorry Mr chair the property in the fence the day Mr buo moved in my wife speciically said Brian three do you want me to move the fence no you don't have to three times I asked three times as of last year until he came up with all this new design fence wasn't an issue so the fence will get moved okay please tomorrow will be good thank you fix the graining and my my property stops fun because the fence is kind of stopping some of the water is it dust is affecting next I have to let's go through the chair there's numerous people here from Meritt Avenue that have the same problem is that correct can you all raise your hands yes all right everybody see that okay okay thank you very much for coming thanks for raising your hand so it's just not one property we have we have a nuisance that's being created for a number of people how do we resolve them our plan enhances the buffer from the 25 fure minute to 50 prepare land enhance the buffer to 50 feet to move the bins away except those two that we'd like to ask the board to let us have there we've been proposing a heavy landscaping plan and I think the only other thing we could possibly do is is a uh board on board fence on the property line you be in agreement of doing an air study water study and I I'd like to be able to agree to everything but before I agree to that I really have to understand how much it cost because it may be such that we'd have to abandon ship may be subject to the outcome of our decision I mean I need I I myself need to know if the white noise is a lot better than the beepers I have to know the height that they want on what you guys want on and what we want on the bins the number of bins and I'm not quite sure if that drainage system is going to work it didn't work the first time you're going to double it pictures that we were showed that's an awful lot of water coming through there per minute so to me I would like to know if you would would do that if we could come up with a three time three month time frame where we do a water soil and air the dust and then as a board address the other issues that we have open when you come back they all try to come to agreement on the plan well I certainly want to accommodate and respond to you're perhap may I ask if you could uh coordinate that with your attorney and we can then communicate so I don't miss with you that's why by Mak and if I may just to I I did was able to Mr chairman through you just to answer the one question regarding the fill that is permitted I I I quickly you know I look through the resolution and the resolution the prior resolution does just say landscape materials such as top oil Etc so it's not limited to tox oil it's limited to what would be considered landscape material they didn't I don't see any definition in the resolution and I did a quick research of our ordinances um you know and based on my quick research I didn't see a definition in there so it would have to be based on the St industry standard of what landscape material is which could include those type of rocks and materials and so forth um that is you know it was the original approval is limit to three so if this board doesn't approve more and they built more those are zoning violations that would have to be addressed outside this board now this board says we will agree but maybe not the 14 you're asking but 12 or 10 or whatever that may be that would be something that we'd have to work out with the developer and and and that would be they'd have to the applicant they'd have to agree either agree to that or not because otherwise it's a denial and it goes back to what the 2001 approval is for and then it goes through the zoning issues again it wouldn't be before this board um but I think what I what the Mr chairman was saying is makes sense that we've heard a lot uh of issues uh that potentially are nuisances on neighboring properties which directly affect the granting of a variance relief that that is being requested here so I think it makes sense to work it out where we talk about and I think one of the things Mr chairman that you did U didn't state is the noise as well when we're doing the studies I addressed it with the white peepers oh yes but I think there's also the just the general an noise because the township does the burrow excuse me does have a noise ordinance and they do have to comply with that noise ordinance uh maybe it is simply is enough that our if if we move forward with this application is that they have to a statement in there that they have to agree to comply with our nor ordinance which they do by law and if they're not complying with that and that's a separate violation that they have to deal with and it's a separate um uh issue that that is going on uh but it may be something along those lines because that that or ordinance from what I I reviewed follows the D standard which is a pretty high standard so that means that at the edge of their property they have to meet a maximum noise or maximum decible and if they don't they're in violation um and that's you know beyond whether or not we Grant approval or not uh so maybe understood um but it's it's something that you know it sounds sounds like the the applicant uh Mr chairman is willing to uh discuss this further with us and maybe perform some studies and provide some additional information to address what these um the the neighboring property owners are are identifying as nuisances related to this operation and it's something that we should probably look into and have the applicant come back with that information um you know and we could work through it uh you know through the attorneys as to exactly and our other professionals our engineer and our planner as well as to what exactly that is uh so that when the applicant does come back they have the information that this Board needs to make a decision as as well as addressing the concerns of the public one question go ahead how go from a LC tolk lcap Supply louder louder go Li G Supply big differ Mr chairman that is why the applicant is here the burrow has issued violations because what is there now is not in compliance with what originally was approved the type of use the hours of operation number of employees numerous things were done without the approval of the burrow that's why this matter went to court and my understanding is the court directed the applicant back to the board to attempt to get approval for what they did because it did not comply with the original resolution of a on the original resolution the landscaper vehicles that we be using is it possible that we can get one those Vehicles Mr Lo what size they are and how many plus the amount of trucks he has there that's already in this agreement here Bo of adjustment their application number 052 section 13 he listed the equipment that they have three dump trucks two rack truck bodies three Mason dumpers four pickup trucks T just I'm just reading what's here but they agre unfortunately the resolution that you have in your package was for information purposes only this applicant before you is not looking to comply with those conditions this resolution restricts retail they are proposing retail there's numerous things that are proposed the hours of operation are different than what's in the resolution that's why he's here he wants you to go through and Grant approval for all the modifications that were made without burough approval kind of an after theact situation is what you're dealing with just just to clarify that the resolution you have is really for your information so you know what the board heard and what the board approved before but that's not what's before you anybody else from the public I just want to remind everybody and I'm not trying to cut anybody short but we end at 11 o'clock Mr chairman from from my end I would like whenever you're finished I would like the opportunity to carry the application to to be able to respond to these issues pleas please step up and talk into the mic sir next door to the business can you please spell your name I don't understand why from commercial property we don't industrial property this is what he does is everything industrial for heavy duty industrial Truck heavy duty machinery and further more how he how he F those Mach you can take that to consideration how he fuel it how you put the fuel in a machine you don't drive on a highway to get here few diesel or anything else this is not just one back this is is multiple equipment we talking about multiple props and you guys if you want to hear the noise I have on T I could I could play you one least one I I think that's okay point we understand that you have a new about it's big it's not understand what they say I don't want to repeat myself that's you can do me a favor and spell your name though l e s n i a K thank you thank you that's that's the only thing I want to say people everything SLE what I do anybody else would like to speak sir M you're next even board your name my name is Steve Diaz I live at 116 Mar uh I just wanted to some clarification on my part uh the application um I understand it has multiple parameters however some of it or part of it has to do with I guess fixing or a remedy for some of the issues that have been brought to to you today uh my question is if it's been a four-year process to get to where we are today how can we be sure that those those Solutions are going to resolve the problems that we have best we could do is rely on the engineers and our professional that's what we're doing so far and that's how we've gotten it down Narrows down to where we're at so my question professional and one thing I want to see fixed for sure is the water problem I mean the water that was coming through onto Merit Avenue I knew that there was a problem when I drove down there and I could see the stains in the road but when you see actually see gallons per minute coming out of that property there was a lot of damage done that didn't have to be done um they're telling me that this is going to solve the problem what happens if it doesn't well Mr chairman I think the answer the app or the uh resident's question let's assume this application was approved there would be numerous conditions that would have to be satisfied the applicant would submit revised plans to the buau they would be approved the applicant would have to construct everything in accordance with those plans if he did not if he's continuing to operate without complying with the resolution then we're back to violations issued by the burrow taking it to court understood sir my concern though is when we talk about the professionals one of the professional statement was to bring a closer compliance so either you're compliant or you're not that's what a variance is for that's what he's also if he's not complying he's asking for a variance in a waiver planner went through all the reasons why it wasn't detrimental for us to Grant the grant doesn't mean that we have to but he laid out his case sir why we ask you for your opinion on what's coming on you guys are living there I've been in town my whole life and I know exactly where it is um I wouldn't want to live there right now right uh the planner I believe said that there are benefits multiple benefits however how we see it I can probably speak for all the residents behind me that some of the quote unquote benefits are just fixing the issues that they cause the planting of the trees the uh the the water issues these are things that were caused directly by the actions of the neighbor so we're not seeking for benefits we're not looking at at its benefits we're just trying to get back to status quo right and we're trying to make it better status of course and that's that's I mean I I work my blood on I come home I like peace I want want to feel like I'm I'm where I'm supposed to be um I have a stressful job so that's very important when I come home and my three-year-old can't go outside because there Su and dust outside that's that's a problem when my pregnant wife at the time was downstairs in the basement soaking up the water because we were getting inundated with water from Every Which Way that's a problem I'm quiet I don't bother anybody don't say anything but when it comes to my family my family comes first and I'm I'm sure all of you s for me today would say same so when in regards to this application my concerns are the legitimacy of them following through they spoke about signs signs are great if people listen to people listen to a spee sign nobody will speak nobody want a stop sign speed limits wouldn't exist because everyone listen to a sign me living there I've seen the traffic there's no way that they can manipulate all that traffic and be able to be successful with resolving that traffic it's just it's just impossible um the I'm sorry I don't know what you do again doesn't matter um she stated that they were they that side Ro on South side was not to be used or was not used she said that in its current state that is false that is a lie maybe she does not know and I don't blame her but she is under Ro they do use it they use it for parking they use it for Transit they use it for loading just up until recently they closed it off so now they can't but they do use it to back in and out of that that space I've seen it and if you want to ask me I could it testify to it I'm the under Ro not a problem I have no problem saying it because this is true these are things that I've had to deal with since I've been there um I just took a couple notes if you bear with me um the grading obviously the flooding my father-in-law did a great job with providing you guys with kind of behind there um with all the information burn into this application so I'm not going to Touch Too Much base on that I know time is something the essence uh but the grade obviously what changed which I believe caus the flooding being there in the past four three four years I've seen it gradually increase as well as the trees done um in its current state as it is now it is nuisance it's been a nuisance it's only getting worse pertinent to the application because I know that's what we're here for today okay those bins along that side are still going to remain a nuisance they're still there they're there now they're going to be there if this application is passed that will not change uh the lighting from the building they stated that there's no lights in the exterior of the building that is a lie there are two lights that face us specifically our our residence um it's an ambient light set up bright light but it's a light nonetheless and it directly faces my my little girl there uh again they touch Bas my neighbors touch base on the the noise both the uh light noise and the traffic noise from around the circle and you see on the map that was not there but three or four years ago when I first moved into my uh uh with my wife um now it is we can see right through it it's it's it's a problem um I stated before the trees being planted it's great but it's not going to be the same barrier that we had before um and again bring I understand the uh their point of view is Aesthetics um the front of the business aesthetically pleasing it's great but we're not here for as residents we don't really care about Aesthetics it's not a problem it's not a problemis we need to solve the problems um aesthetically I understand it may look better but still an issue it's like putting abandon on the W um again rules and regulations Town ordinances are meant to be to uphold standards um that's why I'm here here I'm speaking on the behalf of of my myself my family um I moved to sville 3 four years ago uh I love I felt in love with the area my my wife grew up here um I run right at the field as I told you guys I have a stressful job come home I like the peace and quiet that gets taken away from me in the mornings and at night that's all I could say on the first occasion when I called the police uh to do a report is because there were uh there was a waxy like substance that was sprayed along the tree line to which my dog at the time had linked which ended up having me to take him to the bed um he got sick so that's where that police report came from that you guys have here F that was um I also did call uh the police officers for another incident flooding which I don't believe they document but I did call down sa PD and they got can we focus on the application I don't want to the application that's not really because these things are things that are continue to happen they're going to continue to happen as you can see in one of the pictures the flooding is excessive not only does it go into our yard but it also goes into the neighbor's yard that's why it's relevant so if I let me finish my thought I'll get that out there the water goes into my yard to my neighbor's room unless the graves changed drastically and sir I agree with you the amount of water that flushed through that front on that side of the house it's a lot to mitigate a lot um I was the one that was outside trying to uh create some type of a of a barrier to to to stop the water from getting into our basement and even then I don't know if my neighbors come up here and say anything but they got to his pool which he was the neighbor on the other side on the south side of our house so went through our house and got to there I don't know how that be remediated with their suggest else like to speak fre paa Duffy 111 Meritt Avenue I'm going to address the application the bins are still near my our houses and that's where all the vegetation started to go first and the way that you have the trucks coming in someone addressed it before they have to back up then they have to back up back up there's so many variances and waivers in this application what is he conforming with with what the land is for it's like this is going to be custom made despite what all the regulations are in town he's making a customade variants variant variant waiver waiver waiver I lost count but my final words to you all are my final three words beep beep beep think of that that will be here thank you and deny this application please would you like to sum up no I'd like to request one second we need a motion and does anybody else want to speak go ahead one more time now that you heard the neighbors and what we've been going through in four years and to the attorney we're not here to you to fix the problems we're here to let you know that this was done in 2001 in detail and he didn't buy by it so what makes you think he's going to buy by what you put down okay what you need to do knock this application down and let the courts deal with because the courts have started dealing I want to ask one question to the attorney why they move the v five bins kindness of their heart why they move the five bins on the southern part of the property the whole purpose of this application is to buffer and to Shield the southern part from this site so that was an attempt to satisfy you which I realize now is not achievable so we'll have to continue to deal with the board to try and get some kind of so they moved those five bins and the kindness of their heart you know what what are you to know can you say no how do I know something like that well you're his attorney well can I ask Mr Burl why' you five he's not in front of you he's not here speaking well then you you're speaking for him so I'm ask I don't know what's in his heart I don't know what's in your heart what I know is you our client is here let me give you a few dates compliance with the ordinances August 1st the order was out to remove all the bids okay October we went the township went back in the court nothing was done zero a superior court judge ordered him to move those bins did nothing Andrew the zoning that took pictures for the attorney to go back in and a five day rule they went after he still did nothing nothing finally on the 21st of December 23 he finally moved in the B because they were going to shut him down okay this is all I'm just trying to tell trying to let you bring you up to speed of what's going on I've been dealing with this guy for four years now I want to ask a very simple question and we're not experts we're neighbors how long does it take for a planning board application to be submitted average that's really a tough because it you know it depends on the application ask for a number average say 10 years I I just want a name I want to know a number I I don't I don't wouldn't be able to answer that I'm sorry I mean it's just two two many variables well I'm going to it's not appropriate for anyone objector or an applicant asking the board why why a question like that why well and answer the question because every application is different absolutely I didn't say each application I said that an average I'd say four to six months four to six months for the average application for the average applic is this an Aver is this an average applicant no okay well just to let you know J knows this is going on since 21 when it's first attorney told the judge we're fing an application that was a lie then September 20 23 he finally put an application in okay and in the application they did it all wrong said they wanted wanted approved right away they knew what they were doing they're experts they Ain had a delay they knew this what what are you saying we did wrong you better you better have a specific I'm us I what it is I'm giving you the dates no no I want to know what we did wrong in the filing the application you got declared complete yeah we met now you got it complete two and a half years later is that normal no it's not normal your facts are wrong okay just deny the application let the courts deal with them and then and then your hands are clean your hands are clean thank you very much I appreciate it we're trying to be experts but we're neighbors Mr Duffy I read the entire court document before the hearing I'm not saying that what you're telling me in this binder is not true but people are coming up here and saying that there's cancer causing dust in the air and all these other things there's going to be bad well bad water on into deeper Farms I'm just saying we we as a board we have we we if you're presenting evidence like that I suggest you give an expert to back it up if it's true if if you're if you want to know about silicon whatever it is it's in it's in there that all stones have it and it causes cancer okay causes cancer so if you go to any landscap of Supply they got Stones Yellowstone Brownstones it all has that dust in it it's it's already certified by the federal government and the lot he he he gave you that lot is in the 200 ft of that property and that's a park in Sarah would you send your kids there no no act like a neighbor act like a neighbor this man said it right he said he would want to live where we are Mr py I think we can all agree that nobody wants to be inundated with dust and have dust infiltrate their house and people to breathe dust we all can agree on that and I'm not disputing any of this with you I'm just saying that this quasi judicial body which is a planning boy or maybe the zoning board more qu judicial but we're we're a board and we have to hear evidence we have experts the engineers the planners they present their experts you're entitled to get your expert to come up here and and and confirm that this is silica and it's cancer causing it's all saying yeah I understand you're saying it but we're not we don't do this every day it takes a lot of Courage for a person to come to list this they don't they public speakers you got to take that into consideration that's all I'm saying we would love to be professionals if we were professionals it wouldn't take two years to get it through we would have been pounded on the door take we take everyone seriously as the chair has indicated everybody is concerned about the impact on the neighbors I just saying when people are coming up here and saying that this chemical killed all the trees this chemical causing cancer it would be helpful to this board if there was an expert okay I'm going to go down I'm going to go down to your 11 you're in a room there's four people smoking is that cancer that smoke how do we know that that smoke how do we know that smoke in that cigarette that's giving you cancer it's a logical it's it's a logical going down to my level I'm not dis agreeing with you I'm tell what would be helpful to this board you can either take that advice do nothing or I apologize I apologize just deny the application let the courts deal with them and that's all I I don't think it's a good I don't think it's a good business landscaper yeah landscaper Supply no okay it it's like all this storage outside it's like having a warehouse with no walls that's what it is when you stores outside like that it's a warehouse Without Walls you hear everything that goes on thank you and I I apologize it's okay Mr thank thank you if there's nobody else I'll take a motion go ahead ma'am good evening name and address my name is mar I'm jeffy's wife 116 alongside the I just need to give this information I was diagnosed please please speak in for the I was diagnosed with breast cancer when year were up I have never been sick a day in my life other than give it bir two children so I just want to let you know I don't know if want of it was there's no cand history or nothing so I don't know where it was where it came from but I just needed to let you know it's a possibility or it's not a possibility but I don't know that's all I to say thank you there's nobody else I'll take a motion to close the public section I close the public I'm closing the public session make a motion to close public session second all in favor Che the microphone please in your mic the microphone please at this point certainly doesn't have a foundation or basis for any of these scientific conclusions that are being drawn I had a chance to look through it a little bit and uh I think it needs a lot more uh support before you can consider it as evidence so I at the very if you're going to accept it at all I think it should Mark it just for uh identification and we can uh let the uh objectors uh U perhaps meet some standard of uh reporting right now that's right now all it is is being produced as marked as an exhibit it's not accepted as evidence once again this is not a court of law this is a a planning board the The Rules of Evidence are a little bit looser but your objection is noted and I will look into the issue and when if this application gets carried if you're asking for a vote tonight I'll make a decision on the on the deis but if you're asking this application to get carried I'll look into it and and make an advice to this well I I would like an opportunity to uh listen to the uh comments that were made sort out what we can what I can what we can deal with and address it because not everything that was said is something that we can address go ahead um you know I this binder I think contains a lot of exhibits I think they have authenticated many of them there's certainly enough evidence to show through their testimony and these photos that there's dust there's water and there's sound issues um some of the other issues in here regarding silica and cancer causing I think that's almost judicial notice everyone knows about that so I I would accept this I don't think you can accept this binder wholesale as not in evidence or inevidence I think you have to go through it individually but I've seen enough in here to you know to satisfy my view that this is authentic and we should accept it well I would just comment that's all fine until you get the sound meters out there and start understanding what adbs are during the middle of the day and uh impact noises Exempted from those regulations and what we heard was on just on on uh substantiated uh estimates of the volume and we heard about impact noise with the bang that's not binders not the sound the binders the dust the the water the dam you know the property damage the dead trees that's all the well likewise I say the same thing about the Dust it's how do you I mean we need some evidence that the dust is there to begin with and where it locates and how volume it is and then you get to your point of whether it is even a a hazardous issue yeah I I don't know I I I think we all know what hazardous I don't know if it's the cause of a lot of these issues that's I'm not a scientist but I think there's enough in here to authenticate this binder and consider his evidence and then we can go through the additional testing that the chair and the other members of the planning board had recommended so we can get to the bottom of this and try to determine if this is a nuisance and how do we evate it to you know to to to judge your application and I think we all note here we're not we're not here in isolation we're here and I know I know your engineer her testimony she did indicate she she gave a pretty basic history of the property but this is a tortured history I mean there was an approval back in 2001 it wasn't you know it was wasn't adhered to there were numerous violations you go into court judge issues in order shall cause and joins you you blow pass that you don't comply with the order so some of these objectives are right why you know we have to be very skeptical on how we accept the representations that are made on behalf of your client because it doesn't seem to deter at all so you know this is not in isol this whole thing wraps the together and we want to get this right we want to make sure that these residents are protected and that's you know that's a big concern and you're asking four variant I think nine or 10 waivers I count them so we need to consider all this evidence and I don't find anything in this binder to be objectionable authenticity is a very uh slight standard look at the uh look at the very first pages on the inside of the cover yeah I mean what's that they safety data sheets now I think I what is that I mean that proves nothing no I don't doubt you you you are objecting based on authenticity and I'm saying these are authentic documents Mr chairman I I I I I absolutely agree with the board member um I some of this I think what is being objected to might end up really be going to the weight of the evidence rather than whether or not they should be admissible But ultimately I I do agree one either way you can't just look at this binder as one one and of itself an item you have to look at each indiv idual because there are definitely pictures in there that were authenticated that are pictures of the site or pictures of the neighboring property owner that are legitimate they can be considered by the board and you know to what extent to what they actually prove well that's up to the board to decide but the fact that should they be admitted because they were taken by a resident he said he took them this is he explained the angle and on the date is labeled on them I think they would be admissible but that's why I said you know I I and why I was kind of pushing it back saying you know I can rule on it later because I think we need to actually go through Page by Page and determine um you know what would be and what isn't uh but I I absolutely agree with the board member in general terms that you know a lot of it has been authenticated and it may just go to the weight rather than to the um uh to whether or not should it be even considered by the board but at this point I think what we're deciding is that it is going to be it is marked it is in in the record and whether you know what to to what ex excuse me to what extent we can discuss and and determine at the at the following meeting if that's we're um we're going with the application what do youan want I want to be able to come to the next meeting and satisfy all these issues which not sure it can do Mr chairman with regard to scheduling your next open meeting is March 20th you have February 21st and March 6 you've already got applications that are scheduled so the next open meeting would be March 20th like that we have to I think you'd want to preserve notice and carry want to preserve notice and carry yes so so for the record uh this if um do we normally take a vote here on on carrying applications or is it just the Chairman's take a vote okay all right so um let's do the vote first all right we're gonna take a roll call vote to push this off in till March 20th everybody in favor I'll do a roll call yeah okay um Mr hich Tommy I'd like to see before we vote on this here I'd like to see a list of the bullet points kind of like the memorialization that we get from the engineer the planner and the attorney of all the variances that they have all the uh not not just waivers but the uh deviations from the original approval is there any way that we can see that before because there's been so many things that were thrown out here tonight I don't know what we agreed to I don't even know half what we're talking about the vote just to clarify the vote is just to carry it at this point it's not a vote to approve or deny or or anything so um you're not by if you vote Yes to carry it you're not agreeing to anything at this point um and I my proposal that we what would you what you would like is to have all the waivers and variances on one sheet of paper so when we address it the next the hell we're agreeing so so that could be provided for the next hearing so you have or prior to the them address it you know Mr chairman you you have in your packet a copy of all the deviations from the current plan to the 2001 approved plan so you have I think it was 21 different bullet points that summarized what was originally proposed and what they actually have out there so that you have so it sounds like you just want a listing of all the VAR waivers now going to be you can do that so we're still taking a motion to carry this till March 20th so Mr hich yes Mr algra yes Mr Bolton yes Miss lman Mr Müller yes Miss Shaw Mr Shaw councilman zabowski chairman Tai yes okay thank you and U Mr chair if I may just for the Public's aware uh this application is being carried to the March 20th plan planning board meeting no further public notice will be provided this is your notice that the hearing will continue on March 20th so if you want to uh continue to participate please appear on March 20th there's nothing before the board no so um the next thing of our next meeting is February 21st Jay chairman your next meeting as indicated February 21st the majes our community center on ernston road that's the application that's scheduled for that evening bring a lunch we need to take a motion to open to the public again motion to open to the public motion motion all in favor opposed anyone from the public like to speak hearing none I'll make a motion to close second all in favor post adjourn second all in favor all right everyone see you on February 21st thank you very much you modify