10 4-6 on February 7th 2024 proper notice was sent to The Courier News and the Star Ledger F and filed with the clerk at the township of Bridgewater and posted on the bulletin board in the municipal building Please be aware of the planning board policy for public hearings no new applications will be heard after 9:30 p.m. and no new testimony will be taken after 10 p.m. hearing assistance is available upon request accommodation will be made for individuals with a disability pursuant to the Americans with disabil ilities act Ada uh provided the individual with the disability provides 48 Hours advance notice to the planning department secretary before the public meeting however if the individual should require special equipment or services such as a cart Trans transcriber 7 Days advanced notice excluding weekends and holidays may be necessary all rise to salute the flag I pledge aliance to the flag of the United States of America the for it stands Nation indivisible all right we'll start to swear Juliana in hi Juliana could you raise your right hand and then just repeat after me I your name Juliana quo uh do swear or affirm do swear or affirm that I will carry out the duties I will carry out the duties mayor's designate mayor's designate to the planning board to the planning board to the best of my ability to the best of my ability good thank you thank you Nancy can we have a roll call please here here here here all right if anyone I just want to announce this quick in case anybody is here for the Leonard jardo application or the holah house application uh Leonard Gerardo will be carried to July 16th without further notice and the hulah house application has been carried to October 15th further notice will be provided so at this time if there are any members of the public wishing to address the board on any land use matter other than any application that would be heard tonight on on tonight's agenda may do so at this time right hearing none we'll move on to uh board minutes there are four uh there are three pending minutes from April 16th May 7th and May 21st that are being tabled to a following meeting move to resolutions is anyone here from Galleria construction well there's no resolutions we're moving on to oh the applications sorry is there anyone for the applicant Gallery construction so yes thank you if you want to come out good evening I am Pat cello representing Galler of construction uh we were here for an approval back in September of 23 and uh our 190 days to file the minor subdivision deed um expired on March 13th we had been diligently pursuing getting approvals for our storm water management and um the form of deed and the meets and Bounds legal descriptions for the New Lots but um for whatever reason the engineers couldn't connect between Mr Burr and our our engineer and um by the time we actually got the approvals um from everybody um by the time I was able to record the deed it was it was after after the deadline of of March uh 13th so we're here tonight to ask for an extension of time so that I can re-record the minor subdivision deed uh it's already been approved um by resolution um the minor subdivision but unfortunately the deed did not get recorded until maybe a month later than our deadline so we I submitted a letter just going through the chronology of what happened um from the time of the resolution each month until we actually were able to get the approvals to get it recorded um and it just didn't happen until about a month after the deadline so we're just asking and I I I have already prepared the amended minor subdivision deed and Mr peek and I have already gone over it and it's been approved and the meets and Bounds descriptions are the same so there's nothing changing other than I'm going to have to give it back to you and attach the new resolution if you grant us the extension uh because uh we need to attach the resolution to the deed I was going to record that with the deed um and we'll relate this uh if the board's so inclined we'd relate the extension back to the date of your approval yes start from when it you know would have lapsed that's when start this up yeah so March 13 2024 would have been the lapse date or the last date to record one year from 1 yes yeah great do you want to read have no thank you do I want questions unless they have more no that's all I have thank you right open up to the board for questions would any member of the public like to come up before you get started can you please state your name and address sure my name is suban kivan it's spelled as s u b r a m a n i a n last name is civan k a l a i v a n and I live at 26 Le on code Bridgewater and I was uh I need to check few things I was here for the last hearing when which they talked about when they heard approval and we went through different problems we had recently I had I don't know I didn't see any of these people but someone else maybe they Builder he came up with a drawing and he was walking around my property and doing that and when this approval was done last time there was a request to put a fence on my side of the property and I'm not sure if it is in the drawing I asked him he did say there's no fence on this it says it's a work fence but there was a request and it was approved in September to put a fence on my side of the property because the house they're trying to build on the Leon Court is entirely facing to my property line and they don't have direct access from the front of the house to the road so I had requested so that people don't walk through my property from the new house they're going to build on lean cour through my property so I request her to put a fence on my property s that was that's 26 Le yes okay well um any any representation condition from the earlier approval will be carried over with this yeah but I I want to make sure that it's there in the appr on making a note we'll at that a reaffirmation of that right I need to reaffirm that yes that's that's the reason I'm here for one other reason and I can also address that it was a condition of the subdivision approval right and in the deed that I'm recording we have language that Mr te um recomended that says that we l in the recorded de itself this minor subdivision is subject to all of the conditions as set forth in the minor subdivision resolution entitled meor memorializing resolution of planning so every condition that was approved which included your fence yeah because I talked to the person who came in with the drawing and I asked him he said there's no nothing like that he said we'll put a temporary work fence I wasn't asking for a work fence I wanted a permanent fence so that's why I was confused because I didn't see the the owner or anyone it was somebody new and they said they are going to build it I don't know if they the engineer or someone who came to look at it to confirm you said it was a privacy fence right yeah privacy fence Mr Mr PE I had just done resolution compliance for the application and I wasn't present for the approval for the actual application in the hearing but condition six says that during construction the applicant shall install temporary fencing to prevent workers and other visitors from accessing a temporary fence that's wrong well I just I just want to make it clear in case there is confusion and maybe we can clarify it tonight is that and so that they the member from the public and that the applicant are on the same page it says temporary in the resolution if that's [Music] incorrect and it needs to be rectified I just want to make sure that the applicant's not making promises based on the resolution to the applicant tonight who has a different idea of what is supposed to happen in the future so if he walks away tonight thinking he's getting offense but the resolution only says temporary offense and the applicant says so what we have to we have to rectify that tres so I didn't ask for a temporary fence because that's going to be ongoing issue because any vendor who comes and delivers of food or anybody they're going to walk through my property because the entire front of the house they're constructing it do not have direct access to the road it has to they had to walk through my property to get access talking about he talked about it and what's the point in putting a temporary fence I didn't ask for a temporary fence why should I come standing asking for a temporary fence I want a permanent fence to be put between the side we look anywhere else I don't know how the word got misinterpreted there I didn't ask for a temporary fence I did ask for a permanent fence there if there are minutes from the from the meeting we we might ask that the applicant look at those minutes again I wasn't present for the approval so I don't know what was represented what made it into the resolution the final approval document says temporary fence so which was reviewed at the time you know when this everyone's memory you know by the the board its professionals and the applicants and it's it's presented at a hearing at the F you know following hearing for adoption so I don't know if you had a chance to come to that meeting no I didn't follow I I did come to the final meeting when it was approved no no afterwards when the resolution is drafted and then approved by the board so I didn't know if you had a chance no I didn't come up to follow I didn't know is under the statement of facts in the resolution paragraph said the was given the opportunity to Mr that's our on his testimony a member of the 261 court6 expressed concerns with construction workers his property as well as potential issues with parking on the street and the board professionals engaged in discussion regarding a proposed parking for the site and mrar confirmed parking roadway agreed to install a evence to prevent visitors from walking so who's the visitor it's the future visitors coming to the house as well right it can be a delivery guy coming over to deliver a food he's going to walk across my property to get to the house because the driveway they have that's on the other side which is on the side where they're trying to build the entire front of the house is hatching my property and there are two blocks to that passing and obviously I I don't want to fight with them for that understand that's why we're going to put that well we can do again is you know if if they get their extension we'll put in that it's subject to you know continuation of any representation or or condition from the original approval and we'll check the minutes see if somehow that got past everybody um and I if there's a recording of the meeting you know you're welcome to watch that if you see something where a permanent fence was agreed to you know you can come back because I did raise the I did raise the question because when they started coming to visit this um maybe uh himself and his son they were walking around right I raised that concern and I also said it's going to be ongoing problem with anybody coming into visit the house and people walking into the house they're going to walk through my property so I asked for a permanent fence but I'm not sure how it got misinterpreted as a temporary work fence I'm not interested in work friend can can you reread the last sentence that you had said at at the very end the statement of facts before the resolution you want to read the last sentence of paragraph seven yeah the last that you read when I okay seven testimony a member of the public from 201611 Court expressed concerns with construction workers entering his property as well as potential issues with parking on the street board professionals engaged in a discussion regarding the proposed parking for the site Mr haar confirmed parking is pered on the road the applicant agreed to install agreed to installing to so who are the visitors right right so what what are the plans for installing off fence there that's that's in the statement of ta discussion you get the resolution after the discussion Water Street right it's not just construction alone it's anybody coming in in future to the property to visit them or a delivery guy coming to deliver food to the house they going I remember discussing yeah I did discuss something then what's the point in asking for a temporary fund if something got I think something got misinterpreted here I don't know how it got because I don't know the procedures of what get transcribed in your notes but something is misinterpreted here because I asked for a permanent friends Mr Pekka I I think I think again that we just we phrased in the resolution that any extension is subject to know representations conditions of record we just try to figure out get to the bottom what that was I'm trying to look up the minutes on my phone you can do sir we can look it up so they their application it was a the condition of approval was to go with the bullet points that we had discussed and they had approved on in in that meeting okay so the the best that we can do is review the minutes so is ensure that they're held to what was stated in that last meeting for as a condition of approval so that going be change in case if something was if if it if the record shows that the discussion in the minutes show a private privacy fence then it would be changed okay how do I verify that after this uh hear sorry can how do I confirm that it's uh checked and uh it's in place do I need to follow up with somebody how would he know whether the verification has been done and it's corrected or what I asked for if that's that was in the record you know again subject to you know subject to any representations they made on the record so all we can do is look at the minutes if he wants to you know I don't know and you can you know welcome to listen to that if you hear that he looking up yeah the minutes really don't deviate much from the resolution you have to listen to the tape so does he do that through you it's now the minutes and the the resolution more importantly all lend themselves to the interpretation that it's just a temporary construction F that's required but if you listen to the audio from that meeting of July 18 of last year and you hear that there was actually discussion No it should have been a permanent certainly bring that ition and that's something that we would enforce because they're going to be bound by representations they made on okay is there something that I need to verify is there or is Township going to check on that first you want to go to the website and request a recording of request that first okay all right all right thank you thank you any other members of the public wish to come up uh deliberation both okay and and again what's being considered here is a one-year extension of their minor subdivision approval which would relate back to July 18 or no it relates back to they have to have their deed recorded by I was mixing up a side plan uh by March 13th of 24 so it'll relate one year would relate back to that date would go to March correct correct I'll open up for deliberations I think as long as it's contingent upon all the items that we have discussed uh which I believe Mr peek has mentioned a few times yes I have no objection to the extension I have no objection only thing I want to reiterate just as long as it aderes to all of the conditions of approval as well yes all right with that said can I get a motion to approve the extension um of the minor subdivision until March 13 2025 I'll make that motion great that's great thank you Mr maora Miss qua I say that quo thank you yes yes yes yes yes thank you is anyone here for the applicant the SEMA applicant great come on up evening M chairman good evening how are you uh Warren fank I'm an attorney on behalf I'm here from Mr serman Aro on behalf of the applicant uh SEMA LLC so this is a matter that uh it was a four lot subdivision approved in June of 20023 which means the 190 days ran out on December 20 last year um even though the applicant similar to the last case even though the applicant has diligently pursued uh being able to file the map to create the subdivision there were several complications first of all um there have been several requests for for changes by the state of New Jersey with respect to thewa sewer line extension from the njd and each time that happens that's a several month delay also the Somerset County planning board requested some changes which have been uh submitted and the client is waiting for approval and then there was also a little delay because uh my client's engineer uh Mr cast uh closed his practice and is now working for Warren Township full-time so my clients had to change Engineers so we're asking for a one-year extension from the December 20 date of 23 through December 20 2024 and again this would be subject to any conditions or or representations made in connection with the Y you have any notes as well I I have I have no real comments I basically summarized what the uh applicants attorney just um brought up about you know some of the delays um in in getting it um getting it to resolution compliance and um I think I just summarized what the ml States as far as the you know ability of this board to to Grant an extension knowing that we just received these today um is there anything that we should review the plans you mean the the memo oh I had actually I think I had prepared this memo back in May when this initially was supposed to be on and it just never got distributed because it was carried so many times um but there's nothing of you know serious substance in there it's really just a a review of you know what an extension of time includes and what the applicant summarizing what the applicant had put together in their letter great thank you problem and the statute explicitly takes uh delays in getting permits that are outside the applicant control uh as a reason to give an entitlement to extension you can't guarantee how long it's I'll open it up to the board for questions I just have one comment on your drawing over here uh you're still showing Scarlet DOL as our planner we've since changed that to Catherine might want to change that okay an okay the applicant will do so thank you Mr are there any members of the public that wish to come up Who coming up you could just state your name and address please Donna wiell 1573 Washington Valley Road uh Bridgewater New Jersey um two things um I've only received one notice regarding this and that was in April of this year never received any of the previous notices so I call to say why are some people getting them and some people not and I found out that it's because you use tax maps for notification and the tax map is Martinsville my address is Bridgewater so my mail doesn't get to me also the proof of service it says you you got the receipts here do you have the cards that anybody sign for anything because you don't have anything from last year Well my client hand okay well I don't see any white receipts recently from last year at least but okay um for the last year's meeting where the resolution was approved so so I had no say at that time well notice doesn't go out for a meeting where resolution gets approved notice will go out for the initial hearing okay and then if it gets carried thereafter an announcement will be made um at that hearing and say okay the you know this hearing is carried to such and such date no further notice will be given um so I know you know they issue notice for for this extension request they should notice for their initial application that's the only notice that re to be published and and mailed I've never received anything for this meeting I just and and also it's just they're entitled to rely on the list that's obtained from the tax yeah assessor and yeah it matched up I I need to address that with the state because the tax address is not the same as my mailing address so I don't get it if it's mailed to Martinsville well that's something you should take up then with the tax assessor that's yeah yeah exactly right right like you can see on the thing too they someone cross off 08836 and changed it to 08807 for myself my neighbor behind me and a few other people yeah it's it's like a it's like a crapshoot if it gets mailed to mortville imagine how how annoying that must be yeah but I'm not here to complain about that I have questions about the property itself if that's okay um I I know it's been approved but you're going to I guess have to resubmit with the county or because of the D are you going to have to resubmit plans or excuse me oh yeah please you swear iir that the testimony you're going to give in the course of this hearing will be the truth and nothing but the truth could you state and spell your name for the record please are they going to have to resubmit the the plans after the D and the Somerset County questions or they going to stay as they are you know yeah I know how that works so my main concern is if anything major changes with the designs my property you're on that side of long road right so long road runs here you're here uphill from me I'm on the other side of long road on the corner so what your your construction is sorry your con construction is uphill from me and I have a well right there so is there any contingencies for testing my well before before they start construction during construction not unless like the D mandates that as as a condition there bit as far as like resubmitting plans you know they'll have to they'll have to submit final plans to the township to the engineering department for they review but they won't be coming back to the board okay so how do I address that then because if if the de so literally the property is uphill for me and you know how the water runs down long road and runs off long road and it runs into my property which which is fine but if they're going to start digging up that mean there was things going on up there it's been a it's been empty for years and years and years it was a corn field and you know pesticides and whatever my concern is if they start digging it up what's going to be running downhill into my well and then what happens if my well is condemned I would say thator and DP isn't in the habit of making things easier on Developers yeah just as a general rule but yeah it's you know all these concerns you know people drainage and runoff is one of the primary concerns of this board certainly over the past few years it's the kind of the major topic uh that's put to to applicants so well I think I think her question is more about contamination not actual storm water management but if runoff was to include you know pollutants into her well water um as a result of the digging as a result of digging up you know things that are in the ground right now but haven't been touched basically been preserved did you raise any of this concerns at the board hearing I was never invited oh but you never had the I never got noticed the chance um that makes it difficult sure does that makes it difficult if there was anything in the resolution that supported you know a prior well testing or you know post well testing um I'd say we could move with that but we have nothing in the record then Mr right and I've read that but the problem is is that you're disturbing the ground and you're putting basement right so what's going to happen if you're digging stuff up that's been buried for 40 years years I've been there 30 years it was a corn it's been it was a corn field for years and years with Mr dorsy until he got to old and died so you know was the applicant let me ask a question of the applicant do you know if there was any phase one or any environmental cleanup required as part of the site it has had environmental cleanup somebody was dumping there it has had environmental cleanup um I I assume in that case if it's ever been on record as it active or previously active site that the D would require some sort of continued monitoring of that um and then any kind of off-site contamination is usually you know located to that site so what I'd recommend because you don't have anything in the record nothing stipulated that the applicant has to do anything especially if you if you do test your well annually keep those reports those annual reports and do a post construction well test to check to see if anything changes with your well and then I'd contact the D if you have any real concerns about new um you know if there's any particulates or anything in your in your in your well test and then D will you know certainly handle anything do I need to follow up I mean I can send you the documentation when they were forced to clean up that site have it uh it's all Public public record actually through the D data Miner so um I'll actually take a look at it as well um and just see it might if it's closed out or if no monitoring is you know required then that's that um but if they're not allowed to do certain things as you know associated with that I'm sure the DP is going to keep an eye on that as they're working through their tww permits um but like I said if it's closed out and you have any real concerns do your annual well testing or you know by annual well testing and then do a post you know check for yourself and then submit any documentation to njp if there was you know a serious concern with it okay thank you and have you reviewed the minutes because you can do we just spoke about requesting from that initial meeting what was the date of that initial meeting I don't even know I think it was like March of 23 it was March 28th 2023 and it was memorialized June 13 2023 so the minutes would be for March 28th so in case it's reviewed in there yeah thank you so much yes thank you are there any other members of the public so um anything from our professionals that would like to add um I have nothing else to add okay I will open it up for deliberations with the board you like to go first no problem I have no objection to the extension I have no objections to the extension no objections thank you can I get a motion to um extend the SEMA application or the SEMA say application approval approval through December 28th 2024 28th or 28th sorry 20th I'll make that motion that's Miss Cho Mr Chow B oh sorry banga I don't know why I said that Mr Banga a long day yes yes yes yes yes thank you Miss probest what's on the agenda coming up all right what's on the agenda coming up make the Quorum even with the addition of another another appointment um still being worked out but the purpose of that meeting there's no application scheduled would relate to the master plan which requires special notice which we would not be able to make at thisapp Point anyway so I think it's safe to say that the July 2nd meeting will be cancelled but you'll receive you know we'll announce that formally and publish that um the 16th of July is the Gerardo continuance and likely a master plan consistency review um we have nothing yet for August um and I have no conforming applications that I'm aware of that that I'll be schedule got it thank you so the 16th could likely be a master plan review and the Gerardo extend application continuation corre I just had one uh one question so I I believe that uh we're hiring or maybe um we're getting some assistance to take a look at the um I guess uh like the uh the ethon the old ethon site and there's a couple of other H how does that kind of come to the planning board so those are preliminary investigation reports um that are being done by Michael Sullivan with Clark Kon hence so he's the Revel planner for the township um a Redevelopment study is done as a report he'll make a presentation to this board with the findings of that report there's certain statutory criteria that a site has to meet in order to be declared an area need of Redevelopment his recommendations will be based on the re the local Redevelopment Housing law with those you know some sort of criteria that it's meeting or not meeting and make a recommendation to this board to uh declare it or to approve it and basically recommend it to the council to declare it and approve it as a area in need of Redevelopment and then that's just an investigation on the site if it qualifies under those criteria it still has any any additional steps that would be a Redevelopment plan would be a whole then another another report another process um beyond that so if it if it gets changed from like let's say uh a commercial Zone to residential or something would that have to be approved by the planning with regards to the master plan or so um that's completely separate that's the Redevelopment plan portion the site investigation right now would literally just be does it qualify under Redevelopment so we can move forward with a Redevelopment plan and then a Redevelopment plan is I like to see it as like a mini zoning ordinance it's done but that has to get approved by ordinance by the council so the board um usually will get a review of that Redevelopment plan determine um if they have any comments for the council and then the council has to do first and second reading on an ordinance to adopt that Redevelopment plan okay thank you problem there anything else right I have a motion to adjourn the meeting I make that motion Mr banga second I'll second Mr Charo just say all those in favor I I wow we haven't had a quick one like that in a while very nice to meet you guys I know you guys on paper but not in no problem help us get this done quick and oh so late drag it to something else so late and there okay I'm from