##VIDEO ID:svc_85VqGa0## right I'm going to call this January 8 2025 zoning board to order statement of adequate notice under the Sunshine Law adequate notice in accordance with the open public meeting Act was provided on December 20th 2024 this meeting's date time and location the agenda was mailed to the cranber press in Trent times post on the township bolts and board mailed to those requesting personal notice and filed with the municipal clerk roll call Mr bonab balanta here mman here Mr Callen here Mr McGovern here Miss Parker here Mr Schwarz here Mr cathar advis say he was not attending and Miss Gittens thank you okay at this time I going to open the floor for nominations for chairperson for 2025 I'll name it Rob D okay are there any other nominations all right the floor is closed for nominations for chair roll call for Robert Diamond to be chair for 2 Mr bonab balant yes Mr Diamond yep yes Mr Callen yes Mr McGovern yes Miss Parker yes uh Mr Schwarz yes and Miss kittens yes thank you motion passed so it's me now okay so next is um nominations for uh Vice chairperson I nominate Joe bonov mon okay any other uh nominations NOP okay I'll do a roll call for Mr bonal for vice chair Mr bonal yes Mr Diamond yes Mr Callen yes Mr McGovern yes Miss Parker yes Mr Schwarz yes and Miss gens yes thank you okay next we have um let's see board secretary and administrative officer and I I'll nominate Robin any seconds second second okay roll call Mr balant no yes Mr Callen yes Mr McGovern yes Miss Parker yes Mr Schwarz yes uh Miss gens yes and Mr Diamond yes thank you motion passed thank you everyone next on the agenda 2025 Zoning Board of adjustment representatives to the development Review Committee so I understand it was Joe and Richard were the two reps and Gwen was the alternate um well first are you I would like to resume you know continue as a represent zoning board representative DRC okay I'll step down if something else okay I'll be happy to do it all right so um so should we do these need uh nominations in second gonna all right right okay so would you move up to a a regular over okay all right so we need one alternate um Joe could you just describe Ro a little bit what's that just describe the role a little bit and see who the alternate or or you I'll be the alternate you're interested the alterate there we go so then she'll be the she okay okay so so perfect you two are the primary members and are the alternate absolutely great all right you got that yeah okay all right next is um nominations and elections and uh appointments for professionals okay all right let's start with um these are appointments right yeah so uh Elizabeth ly will be um the uh board's planner uh Edward schmeer would be the board's attorney David Ho hoder uh board engineer uh Thomas Decker and Van CLE engineering as the conflict engineer Andrew fanda as traffic consultant and David Herer as the uh conflict traffic engineer do we have to just second okay is uh anyone want make a motion to approve this I'll make a motion to approve what you just said okay second I'll second okay okay roll call Mr bonaval yes Mr Callen yes Mr McGovern yes Miss Parker yes Mr Schwarz yes Miss gens yes and Mr Diamond yes thank you motion passed and next is hold on calendar year approval which is here that uh I think everyone has is that a hand out yes okay so everyone has their calendar uh we need a nomination to approve the calendar for 2025 I'll nominate to to um to approve the the calendar second second they okay I Ro call Mr Bon Valenta yes Mr Callen yes Mr McGovern yes Miss Parker yes Mr Schwarz yes Miss Gins yes and Mr Diamond yes thank you motion passed okay next is the uh designation of the official newspaper or is that here it is so it's the Trenton Times again and uh who wants to uh approve this I'll make a motion approve the motion there I'll second second all right thank you roll call Mr balenta yes Mr Callen yes Mr M yes M Parker yes Mr Schwarz yes M skitt yes and Mr Diamond yes thank you motion pass okay finally finally we have the uh annual report um that was sent out um and I think there's a copy here that you have so any uh who wants to uh has everyone it first of all it's pretty pretty short this year I'll make a motion to pass the annual zoning board report okay who's G to second I'll second it okay all right roll call Mr B yes Mr Diamond yes I'm sorry Mr Diamond yes sorry Mr Callum yes Mr McGovern yes Miss Parker yes Mr SCH yes and Miss gens yes thank you motion passed all right now we have approval of minutes from December 4th any comments on minutes all right motion to approve I'll make a motion to approve the minutes second I'll second the motion all right roll call um Mr MCG was not present at that meeting Mr Bon balanta yes Mr Kalen yes uh Miss Parker yes Mr Schwarz yes Miss gens yes and Mr Diamond yes thank you motion passed okay that's it for the approvals um we have one application uh di Brickyard cranbery so uh let's get started on that just want to make sure that yeah all right ready to go Mr chairman while sett noce order we have jurisdiction even thank you keep it good evening my name is Frank Brennan I'm an attorney here in cranbery we represent the applicant dig Brickyard cranberry LLC uh this is with respect to a property of 22 Brickyard Road in Cranberry it's out on the other side of Route 130 it has been and continues presently to be the home home and Manufacturing facility for Midstate filigree uh we are here this evening as a contract purchaser and we are asking the board to hear this application and to for for approval for a use variance and a site plan approval to allow the property to be used in many respects in a way that it's still it's been used by Midstate except we're not going to do any outdoor manufacturing uh and to uh to allow it to be used for offices for a construction company and the yard instead of for manufacturing outside it would be used for parking of construction equipment that's trailers trucks excavators the type of things that you would see from a typical construction company uh the applicant itself is going intends if it purchases the property and if it obtains the approval this evening it would lease this property to an affiliate company called Dugan construction and to some other subcontractors who would use the property for their operations they would use the existing building for offices and storage and there are some other buildings of the property where they would do repairs and maintenance to their trucks and Equipment uh and the yard itself as I said would be used for the for the parking and storage of their construction equipment tractor trailers lowboys uh th those types of things which would come and go from the site as construction jobs uh unfold in many respects this type of equipment might roll out to a site and be there for three months and never come back and then it may come back and sit for 30 days waiting for another job or for another part of a job where that piece of equipment where that truck is needed the the uh property is on the corner of Rickard Road and heightstown cranberry Station Road is in a pretty unique part of cranberry in that if you turn the corner down heightstown cranberry Station Road where this property is located you run into a string of of somewhat uh unique industrial type users that you typically don't see in cranberry and so if cranberry had a an industrial Zone which which it does but if it had an area where where you would be locating businesses like construction companies and so forth this road and these four or five properties uh that that you would find as you head south on height s crry Station Road this is it and this is what it what the area has been for since the early 1960s when it was developed so if we we run down that road we've got mid State filigree on the corner the next property is about 15 Acres owned by plant food company we've been here before for some applications actually to the planning board to put up warehouses it's a fertilizer company to manufacture a fertilizer outside they have tractor trailers they have big big uh front end loaders for Cliff uh many of the types of things that you might see at at uh Dugan constructions operations if it if this application is approved but they have those outside parked ready to go and they use them on a seasonal basis they they work on farms they have big application trucks that have wings on them that's spread out and they fold up and go down the road you know those trucks might sit there for six months and then they may be out every single day seven days a week for six months that's the type of coming and going uh that happens at plant food and the type of coming and going that we would Envision uh for Dugan construction the next facility down had been a concrete company where they actually manufactured cement uh Silvie concrete among other things uh it has now been for many years the home of landscape maintenance services who provides a lot of the the Landscaping snow removal and so forth at all the retirement communities much like plant food much like what Dugan is proposing uh they have pickup trucks dump trucks trailers salt spreaders uh lawnmowers all kinds of equipment they have their offices there just like plant food has their offices but outside they have the equipment that comes and goes and it comes and goes on a seasonal basis you're cutting Lawns that stuff's out every morning at 7 AM and it comes back at 7 pm or somewhere along those lines uh We've also done a site plan application for in the past to get their approval uh the during the winter they're they're most of their Fleet sits there until it snows uh and if they're lucky it snows a lot but if it was like last year it hardly ever snows and it will sit there all winter the next and last facility before we hit the border of cranberry is a cranberry service center uh it had been Browning feris Industries which was a trash hauler that's what it was developed as uh cranberry service Center's been there for a number of years uh they like everybody else on the road has offices they have a garage where they make repairs to trucks and do maintenance and then outside they have various tow trucks recovery equipment all the stuff that that they do as part of their business sits outside and like everybody else on the road it comes and goes if there's there's an emergency on Route 130 and a Truck overturns all their trucks roll out if nothing happens for two weeks nothing happens with their trucks they sit there so that's in that sense the operations that you'll hear testimony about tonight for Dugan are virtually uh the same as the other operations on this road it's just a different type of business it's a construction business it's not a fertilizer business a lawn maintenance business or a towing business the how did we get here what are we doing here what what do we need and what are we asking this board to do well in in last fall the applicant submitted an application to the development review commission for a minor site plan approval to essentially do what I've described have their offices have a maintenance garage and Repair Garage and to park their trucks and Equipment outside the zoning officer looked at that application and said you know what I think this requires a use variance I think this what you're proposing is not permitted in the zone and specifically what the zoning officers said was that you're storing trucks and Equipment outside and outdoor storage is not permitted essentially in any Zone in cranberry and and the fact that you're going to have construction equipment and trucks and trailers and lowboys and so forth outside is storing equipment and we disagreed completely with the zoning officer's interpretation and in fact pointed to the other examples on heightstown cranberry Station Road that I've just related to you and said listen when when they came in for site plan approvals they didn't get a use variants for storing trucks outside because their primary use of the property was offices or manufacturing and related to that they had trucks and equipment that was outside same thing goes here with dug construction Dugan has it's going to have its offices there it's going to maintain some trucks there what happens outside is incidental and related to the primary use of offices for a construction company likewise if we look around the township uh hensy Trucking is on Route 130 they have lots of trucks outside they did not need a use variants for storing trucks outside it was incidental to Leasing and renting trucks and repairing trucks which is their business Harris moving no longer here but they've been in Cranberry they were at the Cranberry Circle for about 15 years same thing they had six eight moving trucks sitting outside that came and went as needed nobody might be moving for two weeks and then suddenly it's the end of the month and they're out every single day did they need a use variants for storing trucks outside no uh Amazon one of the biggest users in Cranberry Volkswagen another big Warehouse uh the primary use of the property is warehousing and some offices related to the warehousing do they have trucks outside on a regular basis that sit there do they have trailers outside on a regular basis absolutely did they need a use variants when they came in for site plan approvals no they did not nevertheless although we disagreed with the zoning officer rather than appeal that and get into a whole battle we said we'll come in and ask for the use variants and that's what we're here for tonight we're requesting a use variant and site plan approval and we have three witnesses that will be testifying in support of the application the first is Jeff Brown from Roberts Engineering Group he had been with Princeton Junction engineering for decades they've now merged they're now Roberts engineering uh so he'll be our first witness he'll explain what's happening what we propose to be happening at this site uh and he'll also emphasize which which I need to to to give us an introductory remark also that we're not proposing to do any physical changes to this property we're not putting up any new buildings we're not putting additions on buildings at this point we're not even putting a new roof on a building we're taking the site exactly how it is uh and we're going to stop manufacturing pre-cast concrete outside and which is which is a benefit really we think to all the neighbors and everybody else because it was a pretty intrusive outside operation so that will stop and and uh Midstate filigree who not only did that they also had slews of trucks and trailers outside we're we're we're going to have a much more reduced presence but we will continue Contin to have trucks parked outside uh but there's no other improvements that we're proposing at the property other than we're going to restripe the parking lot and and refresh some of the signage for safety purposes uh so the first witness will be Jeff the second witness will be Charles latini he is a professional planner he will give some testimony regarding the use variants and some of the waivers that we're seeking and the last witness uh if if necessary if you have questions will be Kyle matthys who is one of the two Representatives Kyle matthysse and Eric normally are here from Dugan construction and their related entity who's which is buying the property which is the applicant dig Brickyard cramberry LLC so thank you for bearing with me for a rather long introduction but it I think you now get a good lay of the land and hopefully the testimony that you hear will all fit within the framework and the table that we've set here uh so Jeff if you would come forward uh we need to have you sworn and we can swear in all of the witnesses if you'd like at one time we doing one okay so I do now now Jeff I know you could you could go on on and on about your credentials and your experience but suffice to say you've appeared before this board many times over the past 30 plus years yes 45 years 45 years I was being kind uh and you've appeared before many other boards like this throughout the state of New Jersey over the past 45 years I have uh and in what capacity are you here tonight testify uh I'm here as the uh applicants engineer very good and what are you what's your quickly your background is what uh well I've I've had an engineering license in New Jersey uh for 47 years um also a licensed land surveyor and planner and I was the president of Princeton Junction engineering for 37 years thank you I'd ask the board to accept his qualifications as an expert engineer me accept thank you uh Jeff if if you would start you've heard my remarks but the the board uh members really probably don't understand what this site is about if they've been buy it there's not a lot visible from the road so if you would give us a general explanation of the where the site's located and the layout of what the buildings and various conditions are on the property okay um yes the property is located at the southwest corner of Brickyard Road which is at the top of the plan here and heightstown cranbery Station Road which is to the right um You can see that there are parking lots for cars um coming off a Brickyard Road and also coming off of heightstown hury Station Road uh the portion there are two buildings well they're kind of all attached to each other so there's really more but they're they're basically two buildings um the main building where the office would be is the building that fronts on brick here Road and small portion that juts out to the north is the part that would become the office for Duke and construction the rear part of that would be used for maintenance and storage um as would the second building which which is located just to the south of the main building uh and would also be used for for maintenance and storage um the entire site is covered with clean Stone um which I believe is as a result of a d requirement some years ago it's been that way for quite a while um with the exception of the parking lots for the for the cars which is which are paved areas um okay as as Frank said the proposed use would be um for construction services off this with the ins parking for employees customers and construction equipment uh including uh indoor facilities for equipment maintenance and storage uh as far as hours of operation the applicant intends to operate the property from 6: a.m. to 8:00 p.m. and they have a total of 12 to 15 employees that would be on the site every day uh most of them would be office workers uh and they they would have maybe one or two maintenance people and possibly a yard person or two but most of those 12 to 15 employees would be working in the office um they estimate that uh as far as daily trips uh from the site uh there would be two to 15 trucks per day some days as Frank said there may be no trips other days there may be 12 or 15 trips really depends on what jobs they're working on off site okay uh and I did mention that they would be servicing uh vehicles in these buildings it would only be their own Vehicles they wouldn't be servicing vehicles for anybody you know other than themselves so it's it's really inary to their business and Jeff where where would the where would they be parking their trucks and equipment on this site uh actually I have another and what we didn't we not label that so let's let's identify this as an exhibit uh this this would be we'll call it applicant A1 uh and then if you can just identify for the record what A1 is you need a pen uh A1 is uh the site plan that was submitted in connection with this application and what what does this show the existing conditions of the property yes yeah it shows all the existing conditions there is one Improvement that's being made and it's really minor uh the parking lots that are out there now uh were striped but the striping has really faded so they are proposing to restripe the parking lots and then in connection with that also to provide handicap parking uh near the front entrance there is no structured handicap parking right now okay so so then my question was where where are they going to be parking their trucks and equipment and you said hey I've got a another plant so let's look at that and label that and we'll call this A2 okay and 82 is the state utilization plan which was sheet four of five in the set of plans that was submitted for this application and you can see uh the buildings again here part the employee and visitor parking here um the area in the front here Beyond the uh employee parking would be used for parking of equipment trucks trailers traines flatbed lowo trailers and other equipment as with the area to the south of this uh crane area there's an overhead crane right now that that runs along rails here uh this area to the south of that would also be an area for uh parking of of trucks and other equipment so so the you have labeled as the access road in crane Midstate has a crane that essentially runs on tracks back and forth yes um and we would be using that area in order to access the southern part and the small parking area on the Northern side of that crane Access Road yes there there are a couple of gates um off of heightstown Cranbury Station Road uh there are two rolling Gates one near the uh Southeast corner of the property and went a little further to the north and those those entrances would be used to access these areas and the parking area for construction equipment and so forth that's that's north of the access road that would also be accessed from heightstown Cranbury Station Road correct yes that's correct yeah there would there would be no trucks coming into the uh employee and customer parking gotta okay um one of one of the issues that was brought up by uh Dave hoer uh was lighting um there is some lighting for these existing parking lots uh but I'm sure it's not compliant with the ordinance uh we would have to work with Dave uh to resolve that and and provide additional Lighting in those parking lots to make them compliant with the Ordnance so so we would propose as far as lighting goes uh as part of resolution compliance a condition of approval if the board sees fit that we would work to to achieve a a compliant lighting plan work with the town the board engineer to do that that's correct and and we understand the the board wants shielded lighting and we would that would be part of our plan also yes yeah would be shielded parking lot lighting um storage and waste disposal um there is one dumpster on site which is located uh sort of in the middle of the heightstown cranbery Station Road Frontage um there is a wall which I probably should have mentioned before there's a concrete wall that en circles runs all along uh heightstown cranbery Station Road up to about this point which is about a third of the way down from Brickyard Road and there's also some other walls on the property um some up by this parking lot there's a wall down at the uh Westerly end of the property there's also a very low wall that protects a ponding area which is mostly offsite uh on the south of the property and that wall is about six feet high and so this this dumpster is actually screened by that that wall um so we would be asking for a waiver of the uh screening requirements to build a a dumpster enclosure and and the reason really is concrete wall already screens it yeah the entire site is already screened by that concrete wall um and and similarly with uh exterior mechanical equipment um I was out there this afternoon and I didn't really see any mechanical equipment there that could be effectively screen more than it already is by that wall so um we would also be asking I guess for a waiver of that um they also asked that we put some small shrubs in along the wall along heightstown Curry Station Road in front of the wall um I think we could do that there is a rather limited area uh down at this end there's probably about a 3 foot strip of uh of dirt outside the the wall uh as you get up closer to Brickyard Road that's Narrows down to maybe two feet wide uh so we could plant some smaller smaller low shrubs just to break up the appearance of the wall so and and so as part of a condition of approval what we would suggest if the board's amendable is that we would come up with a landscape plan in conjunction with the board engineer both with on heightstown cranberry Station Road and Brickyard Road that works with the existing conditions and the wall and the landscaping that's there but but supplements uh and fills in some gaps yes and and you mentioned Brickyard Road there there is a screen of Evergreens there but they they have gotten older the bottoms are somewhat thin at this point so there would be an opportunity to plant some low shrubs to fill in the lower sections where those trees now are not not really providing an adequate screen so that would be part of the Landscaping plan that we would propos Mr hod also commented on storm water and you know let's let's address what happens with the storm water on the site and and whether there's any need to do anything further okay the the storm water um all uh runs generally to the West um and and it runs down into the this clean Stone that's on the entire site and makes its way down to the West End of the site there's a ditch along briard Road uh which which really starts at the corner here and runs all the way down uh and continues beyond the property to the west and eventually goes into a small uh tributary that runs into the milstone river uh all the all this water runs down into this this wooded area and eventually makes its way down also uh to a tributary to the millstone um as far as I know there there are no um pipe structures or any everything just runs Overland uh down to the west and eventually gets into that that little stream and in this area of the township there are no uh built-in storm sores septic systems or Wells this is all free of those things and so you get it's been managed with these ditches since for quite a while there's no there's no evidence of any other storm water management that's been done or needed no and and as far as I'm aware there's no problem with the way it works right now um as far as the rways of the roads uh Dave commented on that asking for uh evidence that they were dedicated um and that we will provide um we'll have to uh have have that searched yeah and and find out that the dedication was actually made from what I understand Je we Midstate filigre had site plan approval in 1988 and there may have been a RightWay dedication we'll have to do some searches title searches to see if they actually were recorded and if they weren't then we would work with the board to uh to get the righta aways properly surveyed and dedicated right um what the plan is showing though is that the rightaway line is scaling it 30 fet off 33 F feet uh off of the center line of Brickyard Road and it's noted that there's a 66t right away there so there would be a 33t half width there and petown cranberry Station Road has a variable width right away and scaling that from the center of the cartway that is also about 30 uh which I believe is what the requirement is for that type of Road in the township now the uh shifting a bit there we also have a report from two other board professionals one's the the board planner and one's the traffic uh engineer with respect to the planners report there was a comment that we should consider or maybe required or secet variance for Make Ready EV electric vehicle parking um what's what's the what's the applicant intend to do with that um I I'm not exactly sure I think think that he's that they're willing to uh provide that um as part of this approval okay um I mean I think the Make Ready is you don't actually build station you just put infrastructure infrastructure to allow it to happen right so that that is a recommendation we would we're not seeking anything different than what what the ordinance requires yes um there's also a comment the fence which exists that's that's part of the 1988 site plan approval uh which is this concrete wall uh that that's not a compliant fence in today's ordinance it's an existing condition that was approved in 1988 but to the extent we need a variance or waiver to leave the concrete wall fenc the way it is we would be seeking that variance or waiver correct yes that it would require a waiver uh the as I mentioned the concrete wall is about 6 feet high so it's a solid 6t high fence essentially which is not uh permitted under the ordinance without a waiver being granted now with respect to uh the movement or circulation of vehicles on and off the site uh we've got two roads brickyard and Heights s cranber Station Road I think you've kind of addressed this already but if you would just uh run through how the site circulation would work for trucks and and the passenger cars okay yes as I did mention the passenger cars would be using uh parking lot off of Brickyard Road which has an entrance right right off of brickyard and then there's another parking lot for cars uh at the corner and that that has an entrance off of heightstown cranbery Station Road there is a sign right now at at this uh the first parking lot's location it says no trucks um you really couldn't get a truck in and out of there conveniently anyway so I doubt a truck would try to get in there the trucks would all be using these entrances off of heightstown Cranbury Station Road and the applicant would be planning to leave that leave those gates open during the day so that traffic doesn't stack on heightstown CY Station Road they would be able to enter the site and then at at night time at the end of the day they would close the gates back up and you mentioned a sign on Brickyard the Brickyard Road driveway that prohibits truck access to that parking area um the board's Mr fanda the board's traffic engineer notes that that sign should be replaced and updated we have no problem with that yeah we have no problem rep uh the uh now Mr Fran also had a couple questions or comments regarding the types of vehicles that would that do construction has and whether the area roadways can support that and and noting also that on heightstown cranberry Station Road South of this site right at the edge of the cranberry service center property where the mstone brook is there's a bridge that goes over the millstone that has a weight limit for nine tons and so can you comment on how the truck trucks would come and go to our site the size of those trucks and whether that 9 foot weight limit is a problem at all uh yes some of some of the large trucks would uh exceed that nine ton limit so they they would be limited to going out uh on heightstown crur Station Road and either go out Brickyard Road to Route 130 or continue North on heightstown crur Station Road to Station Road and then go wherever they own uh but there would there wouldn't be any trucks exceeding that weight limit using Heights down gury Station Road to the South and the the size of trucks and equipment that Dugan has uh those are typical of the sizes you would see for tractor trailers at Amazon or plant food or any of these facilities in Cranberry Township nothing nothing oversized nothing uh heavy duty compared to just normal truck traffic tractor trailers and and low low trailers low boys where you would put a piece of construction equipment on right and you know and obviously you know those are fairly big pieces of equipment so that's where they would exceed the nine tons right and and have to go in the other direction yes uh he also had a comment regarding um turning radiuses at the intersection of brickyard and heightstown cranbery Station Road and we will provide a a plan for that um showing truck curbs and and how that can be negotiated that that is a large intersection and and because our our our trucks are really no bigger than say what any of the other users south of us have it's that that they all they all manage that intersection we'll just provide a diagram to establish that right yes to prove it right all right I don't I don't see any other questions that I have for you or other comments do you have anything else that you need to supplement here with based on your review of the site and review of the reports from the board's professionals no I don't think so I think we covered everything in the reports and if not I'm sure their professionals will will ask us yeah stay where you are because the board the board of the public may have questions uh yes and um go ahead I don't think this was addressed uh is there an estimate for the number of vehicles that are going to be stored there um not really because it really depends on what jobs they have because all of the vehicles they have and they have quite a few vehicles are not likely to be stored there at one time um this this area is is about 5 Acres so you can sore a lot of vehicles there without it really back just and as I understand part of the challenge in coming up with an estimate is you might you might have uh five excavators in one area and and you might not have them there for six months and instead there might be five tractor trailers so it's uh or there might be four dump trucks uh so it it varies and it's hard to come up with a precise but we're not talking hundreds of you no no all right okay uh one other thing about the parking U it sounds like after the striping is on there's going to be 57 spots which is actually yeah causes some issues in terms of ordinances uh uh yeah it exceeds the the minimum requirement of the ordinance which I believe does require a waiver yeah to exceed why why so big just because it's already there because it's already there yeah and so although it's not anticipated that we would need even if the office doubled in size we wouldn't need that number of parking Midstate needed it because they had dozens and dozens of of laborers working out making the pre-cast concrete okay um and it you know it it CR CR cranber rarely if ever finds itself in a situation where there's more parking than it's required so it you know in terms of the overall plan for the site it seems silly to tear something up that's that's imp perfectly good condition okay what kind of uh dirt are they whole or concrete or stone like what's the trucks that they're pulling out of there and stuff the the uh there's the trucks are empty so they're they're they're going out to a site they may if they're going to a site and they're going to pick up a load of something they're going to go to that quarry or that vendor and pick it up but more likely than not it's those trucks are moving materials within construction site at some other location um we're not storing raw materials outside uh raw materials to the extent they would have them are going to be you know would be picked up from an offsite vendor and brought Dem anything like that it's all contained I'm sorry demolition dirt or anything like that's all contained if you move it keep it overnight there the the uh if I I I think the the if they if they brought a truck back that was loaded yeah it would be tarp waiting you know to go out the next morning I guess there I could see a world where you know they might stop at a quarry or something on the way back to the property so that at 6:00 a.m they can roll out to a site and it would sit there on the truck overnight um so yeah that's conceivable all right cool yeah but they're not planning on storing construction materials on site um I may have misunderstood but when the question about a septic tank was mentioned I thought you said there wasn't one there where in effect there is one on site yeah there there is a septic system which is located about in the middle of the Brickyard Road Frontage uh there's this sewage comes out of the building over toward the easterly end of the building and it's pumped over to a septic field located here now you mentioned about according to the information that was submitted you have an 83% imperious surface area for the entire property but you mentioned that it was a concrete at the buildings what is the rest of the property covered with that makes it 83% impervious the stone stone that's over the pretty much the entire um area to the the south of this the thing that concerns me is when you have a lot of construction vehicles you tend to have motor oil leakage hydraulic oil leakage and I assume that it you're also since it's going to be a maintenance facility you're going to be cleaning these machines and therefore all this residue is going to flow towards I guess as you said a tributary of the millstone River now CR gets over the year on the average about 50 Ines of rain a year so anything that is left on the surface is eventually going to wash off and drain eventually into the tributary of the millstone now I know that you it was presented that oh we have other businesses that have trucks that Park but I don't but I have no idea their number of trucks their impervious area their how the land slopes and therefore I'm much acquainted with their drainage or possible drainage problems but you have potentially an 83% impervious area that is going to be covered potentially again with motor vehicle oil hydraulic oil and debris that you've washed off the the vehicle since they're construction vehicles and now I want to know how do you intend to make sure that this residue doesn't contaminate and eventually wind up in the mle Stone River sure well let me let me just backtrack for a minute and responding because one of the things that's part of the record is that the reason that the property is covered with stone is because the D ordered that during Midstates ownership and operations of the property because of dust control so they ordered them to to put the stone down to keep the dust down because prior to that time it was just dirt um so that that's where we got the stone situation um with respect I understand your concerns and and with respect to you know discharges oil leaks and so forth from trucks there's really there is a separate set of regulations in New Jersey through the D that deals with that and if you have a spill from your truck or a tank ruptures or arguably even if you have a a minor leak that puts a thimble full of of oil on the ground that's all regulated by the D now how how do you do that with a Stone site if you have that problem well you'd have to clean it up according to the D's regulations as in my introductory remarks I mentioned the other properties on this road plant fruit uh the landscape maintenance services and cranberry service center they they all have the same uh situation where they have dirt and gravel there are some parts of their property that has some Paving for example plant food has a a visitor parking area that is paved right near the office building but the rest of the site is dirt and gravel um they have a loading dock that has paving at it um but that's kind of the nature of the Beast out there so it's other than to say that we will comply and follow the D's regulations with respect to discharges of hazardous substances from our trucks and Equipment uh you know there really is not typically if the site was paved as you probably know Mr K if the site was paved maybe you'd put in oil water separator but there's no this is to the extent there's rain it filters down through the the uh the gravel um so you don't end up with like this sheet runoff uh that you do with with asphalt and it's that sheet runoff where you can do an oil water separator that's really not it would never work here because there's not there's not that collection of material it just goes down through the gravel well let me ask our engineer if something is gravel area is that considered 100% perious or is that considered 50% perious or something like that it's somewhere around 90% uh pervious a 90% imperious correct uh Mr chairman I did want to step in if you don't mind I I've been hearing myself talked about a couple times here and da as you st in start to tell the truth I I do David hoer and board engineer thank you very much um they did go through my letter and went through uh for example the lighting and Landscaping they're going to they're going to conform with the with with the lighting standards at least for the parking lot that's a good thing uh Landscaping they talked about uh doing some Shrubbery both on both streets um the comment I wanted to make and and and I'm just going to go around to the same thing you're talking about rich U but from sort of a little bit of different angle this site was built with the rules of 1988 uh by the design of somebody who had the mindset of 1988 uh so it doesn't have a lot of the things that we expect today which is you know the EnV Environmental Quality maybe maybe some type of um cleansing system to allow for cleaning of of oils or or anything really pesticides whatever might be on site um and it doesn't even have curbs doesn't have curbs doesn't have the lighting they said they would do the lighting in parts of the property the entire property is stoned which um today would be considered um impervious because the D's um definition and so is ours through our Stone through our stor management ordinance um it's cons either considered a vehicle surface or it's not this is a vehicle surface this is a surface that Vehicles will be traveling on okay there are also a lot of concrete areas um there are the the railways well Railways for cranes uh there are the cranes uh and I I this is just a suggestion to the board um that really stems from a lot of stuff that Richard's talking about there may be some items that this applican can do that will lend itself to some of the special reasons that would be needed maybe to possibly approve this application if that's where the board wants to go things like creating buffer areas I know there's there's some people from uh the area here tonight um and and they should be buffered from from this type of use uh in 1988 they were not buffered because of the type of knowledge that was known at the time in engineering circles and planning circles and Boards uh like this board at the time a long time ago um the other thing is that uh there could be some relatively simple ways to do um uh some Environmental Management for the oils and the uh uh greases and that type of thing um uh for example the entire site is 88% stoned well uh make a little study of how um uh and where this flow goes if there's a major storm event even the stone is going to allow it's not going to just sink in some of it's going to run off figure out where it goes do uh a grass strip that would be uh an absorption pad of sorts you know rather than doing a full detention Basin you know the our storm management rules since they're not proposing any new uh impervious area they're not proposing um to disturb a lot of area we can't make them do um a new Basin detention Basin with water quality okay we can't do it and and recharge and all that stuff but I believe that the applicant should offer up something to maybe remove some of the impervious coverage that they don't need okay maybe remove some of the structure that they don't need they if you know whether it's those Railways or or some of the concrete pads and then create areas uh surrounding the property to reduce the impervious coverage a little bit uh that would also be buffers to surrounding properties and cause um uh the the cleaning through grass areas they could be slightly depressed um uh so that anything on this property would not wind up in the millstone River so Richard thank you for your comment and that's how I see it how I you know how I come I came around to the same thing you were saying but for some other reasons and and I didn't put the that in my letter because there's nothing on the plan and the applicant has not offered anything up but but that might be a one of the positive things that could come out of an application like this if the board sees it fit to approve the application thank you if I can I I just have one just one final comment it was mentioned that the equipment typically wouldn't be seen from the road but you happen to have a piece of equipment that all the other local businesses don't have it's called a crane now I have no idea I assume that when you store a crane you store would is boom down that's there are there are cranes on this property right now well no that's a g crane yeah that's I'm talking about I'm talking about you have mobile cranes and I assume there mobile cranes on the there are mobile cranes mobile cranes on the existing property I have a photo had seven of I thought there was just one Gantry crane and that was no there was other cran there was other there's no te so now when when you bring your when you bring your machines and I assume you store them with the booms down you don't store them with the booms up and typically how high are those cranes with their boom down because the implication that you made was is that well we have a six foot wall and you don't really see anything and you know and since you brought it up as a subject I thought I would ask about it well you can see for example if you have a dump TR that's taller than six ft you can see the top of it um it's screened by the wall but you know something that tall you really can't effectively screen okay well okay as long as long as you store them with with the booms down I think that is and that would be the intention they would not be stored with the booms up okay thank you the the uh if I I can respond to Mr hodder's two suggestions and I just conferred briefly with the applicant one was to try to increase the buffer areas around the site and and I know we have a neighbor here to the north Mr Dylan and we have a neighbor to the South which is a farm uh and I know that the owner of that farm is also here this evening uh the the uh the area to the north along Brickyard Road is we've already proposed that we would increase the landscaping and fill in some of the under under growth it's fairly heavily landscaped anyway uh has been part of Prior approvals at the rear of the property there is trees uh but we would certainly as a condition of approval uh accept the recommendation that we work with Mr hoder to come up with a way to increase the buer area and to do uh some analysis of storm water flow and do some grass uh plantings I think that's a nice low Tech way to address those concerns my only caveat would be if that for some reason we're not able to to reach a an agreeable plan with Mr hoder on those two points that we be allowed to return to the board and have the Board address the issues but um you know I don't anticipate that being a problem I just we're talking about some uh some discretion here that that we're being given and to work with the board we're absolutely willing to do that um to the extent possible if we're if we're able to obtain an approval I'd like to do that as a condition of approval as opposed returning to this full Board number one because it just eats up a lot of time and and money and it it's easier kind of going back and forth uh we may come up with a plan that he Mr hoder says no that's I don't want to do that here do this and so it's a more simple exchange of ideas the the other reason is more practical in business oriented which is we're a contract purchaser um our our right to purchase the property has a window on it um if this if we if this whole process takes too long then that window gets closed and we have to decide either we're proceeding or not proceeding and you know you either end up with us or you end up with somebody else coming in here to do something different so that's kind of a practical reason that said H happy to have Mr Brown to answer any other questions sorry about that my so my question is if we Grant the the approval that's applied for and for whatever reason Dugan sells or says this doesn't work for us we're selling could a successor just make this a tractor trailer parking lot under this approval you know because the approval is to store trucks and Equipment right it would be to have offices for some type of commercial company in this casee it's a construction company and and the related rated related to that would be to be able to to park and store the equipment and trucks that are used by whatever that commercial office user is so that's and you may not be the person that answer the question so just the scope of the approval if we approve this right so Dugan gets the approval they go awesome couple years from now like we have a different business plan we're Go a different direction and they sell to an OTR Trucking Company works on the turnpike and does tractor trailers under this approval does the scope would the scope allow a trucking company just to park and store tractor trailers there that's basically what they do they they Park and store tractor trailers and they run up and down the turn plate I'm I'm going to defer to the zoning board attorney or their professionals I'm not I think we're I don't know the answer yeah I don't know the answer to it either and I think it depends on how this approval is couch I think the answer should be contained in any resolution of approval to say that you can't do that and other words it's not going to become a parking lot for tractor trailers exclusively irrespective of what you approve for this we would build that into the conditions just it just seems it would be hard to we'd have to be very careful describing that right because this it it seems like this application is hey I have this Dugan Construction business and I want to tie to my Dugan's construction business and then somebody mentioned something about subcontractors and other vendors I don't know what the scope of that is either but my concern with all these applications is right you know this the approvals run with the land and even though we may love Dugan Dugan's awesome and everything's great it's the people after yeah I I think it comes down to you know you have to leave it in the hands of the attorneys and that's a very dangerous thing I understand I know believe me yes you don't want to do that okay all right thanks I'd like to add on top of France's question if we give the approval for the parking if they said that the aggregate base that they have there now is not adequate and can't support the heavy equipment if they wanted to paave over sections of that they would would they have to come back to us to request to do that just to pave over the parking lot to pave over the areas that are is now just Stone right well no because we don't have as pointed out by Dave we this doesn't qualify for the regulations that we would now have in place so the areas that they want to use for the parking they could come in they put black top down if they wanted to do that because they're not increasing it's all impervious surface now right the crush Stone the the Earth it's all considered impervious surface so the difference would be if I start putting asphalt down I have to do water control measures yeah if I could sip in I think you're absolutely right and I I'm gonna say that that if you're going from Stone to you're going then you're going to Asphalt you're still increasing at 15 to 20% in terms of your storm water flow and I would hope that the zoning officer here would say that to the board site plan because you're doing site improvements okay and and and honestly um I would put if there was an approval I would put in that resolution that that you know this is an approval for a contracting company or Contracting companies because they're going to have Subs okay and that the site shall remain Stone and if it's paved uh they got to come back in because that would then create points of of of um of compact flow of drainage that'll run to certain areas cause erosion cause uh degradation of you know any of the plantings that are on site uh and there would have to then be a s a storm dra storm drainage system put in in order to keep that from being a real problem which then would really necessitate um some type of water quality and I so I would think that that would be you know if this get if this this is approved um the scope of what the approval is would have to be limited at enough so that there'd be uh uh no problems uh with the environment and if they decide to change things they have to come back if there's an increase and I defer today well there will be an increase if they're Paving it because it's going to go from what did I say 85% so 85 to 90 to 100 you know boom because pavement is considered 98 uh those are really no think it'ss 100 and that would trigger the S plan return understood yeah thank you for question yeah for the for the vehicle uh maintenance and repair you said that Dugan would only be doing those things on their own vehicles does that mean they would not be maintaining and repairing subc contractor vehicles on the site yeah let's good question I think that the more appropriate statement is to the extent maintenance uh and repairs would be done it'd be done inside one of the buildings number one uh and they would be done only for users of the property whether it's Dugan or a sub as opposed to taking in outside work like cranber service center does so then can you explain I'm finding it hard to believe that there isn't an estimate of like what the peak traffic would be from the site in a busy time including subcontractors and everything I mean there are construction offices around and you can kind of say sure any estimates of peak traffic would be really helpful yeah I think Mr Brown did testify as to the truck traffic which which would vary but your estimate on that uh was 12 to 15 trips a day two to 15 trucks per day some days zero uh some days maybe 10 or 15 right yeah and and that's that's truck movements I mean the employees that work in the office would come and go on different schedule and different different volume all right if we have no other and we can come back to Mr Brown we have one other witness which is Charles atini who is the planner um take get home with you Charles I do indeed thank you sir and and uh you also have appeared before this board and many other boards over how long a period oh Jes 25 years now and you are say that yeah you are the you are the planner for LA Township no I'm the planner for Ying Township and bordon toown City and I've testified before every County but one Salem County was the only one of I haven't had a town in um over this 25 years but yeah so I'm a graduate of Rucker University I practice mostly Municipal planning work in four boards not testifying as much but I've I've done quite a bit of it um although I prefer sitting on your on your side of the the D the uh so I would ask that the board accept his qualifications as an expert planner and you know just as a style thoughe Charles if I'd known you were going to wear pink I would have worn a pink tie or something well we do match yeah nice okay um you have prepared and submitted as part of this application a planners report uh dated November 15 2024 and and rather than have you read the whole report verbatim that's it is part of the record but you're here to talk about a use variants and also to provide some testimony as to some design waivers so with respect to the use variants if you would please address that in terms of the the legal criteria that have to be considered right yeah thank you good evening everyone um so yes I do I do have a planner report which is basically our preliminary analysis of the application that occurred prior to uh your board planner and Engineers reports um and then subsequently you know we we've talked about the case and and hearing your comments thus far um been able to kind of get a better better grip on uh where we sit at this moment so rather than going through you know all the site details which the engineer already went through um you know the proposed use um represents a significant reduction in intensity compared to the previous uh manufacturing operation and it aligns pretty nicely with the surrounding industrial uses uh that are similar in nature um for example the cranberry uh service center and the the landscaping companies from a zoning perspective the um industrial Light industrial Zone provides a a range of light industrial uses including offices warehousing and storage um while the proposed use includes activities such as vehicle and and equipment maintenance and outdoor parking which are not explicitly permitted um the applicant seeks relief under the D1 uh use variance so the use is similar to those uses but the but your code doesn't specifically lay it out so there was that area that I think the zoning officer uh rested their case on uh as it not being exactly um laid out in the code but so we'll address that um and it's our it's our um our responsibility to demonstrate both positive and negative criteria as outlined in your board planners report um mostly through the proofs established under the medich case so this proposal advances the proposed purposes of zoning outlined in Municipal land use law specifically it promotes General Welfare by repurposing land um that was existing industrial property in a manner um that reduces operational intensity um and environmental impact unlike the previous manufacturing use which involves significant truck traffic and movement of raw material handlings um this proposed use involves fewer employees limiting uh vehicular activity and no new construction so the Adaptive reuse uh conserves um environmental and structural integrity and consistent with the mlu goals to establish sustainable land use practices um the alignment of those goals we see in the ml um in item g under 4055 d2g uh to provide sufficient space in appropriate locations for variety of uses that meet the needs of New Jersey citizens this facility supports essential Construction Services um that are critical to the local and Regional economy um the another uh goal of the municipal land use law J is to conserve valuable resources and to prevent urban sprawl through the ReUse of developed land so by utilizing existing industrial sites without uh major modifications this proposal eliminates the need for new development and preserves open space by doing so so looking at the the cranberry master plan which is also our our responsibility to do the The Proposal supports the Township's master plan goals particularly those aimed at uh maintaining a strong nonresidential uh rable base um east of Route 130 the master plan emphasizes the importance of industrial uses that capitalize on the proximity of AA on the turnpike um and this application meets this objective by fostering Economic Development within a design designated industrial Corridor furthermore the use is comparable in intensity to other permitted uses um in the zone such as the Landscaping operation located nearby in addition to the service seent so that's the positive criteria the negative criteria the proposed use will not uh result in a substantial detriment to the public good or impairment of the zoning plan and the zoning ordinance of of the township of Granberg so reduced impacts uh the proposed uses uh reduce traffic noise and Emissions compared to the prior manufacturing use site compatibility uh this this application involves minimal physical changes to the site maintaining compatibility with the industrial character of the site and and the surrounding sites down that road and economic uh viability in that adaptive uh reuse ensures that the property remains a productive part of cranberry's industrial base um radal lease and it's consistent with long-term planning object objectives so case law in New Jersey further supports the granting of this variance as established in medich the enhanced quality of proof standard uh requires the applicant to demonstrate this proposed use is not inconsistent with the master plan um and the zonings here the proposed or proposed use align with the township stated goals of promoting Industrial Development within this industrial Light industrial Zone while minimizing environmental impacts additionally conic Cox vers conic case emphasiz it is emphasized that the variances should be granted when the proposed use complements the general welfare and aderes to the principles of smart growth the flexible nature of this use ensures the proper property can adapt to Future changes without creating a long-term zoning conflict so as to the waivers we we've been discussing um for the last half hour or so um the other variances um outlined in the various reports from your planner and engineer the site is pre-existing and minus some of the recommendations contained in your professionals reports which are very well noted um the site is well suited for the use um while we are asking for variances identified in those reports um we've testified uh as to our willingness to work with the township to amate any of those conditions and to work towards landscaping and screening of surrounding properties um you know the Refuge area um and other and addressing the other design waivers um while also now improving some of the storm water runoff that we'll be working with the township engineer on so with that and in conclusion the application represents really a thoughtful and well planned adapted reuse of the industrial property once we once we finalize all those details I think it's going to be um a a much improved condition um it reduces operational intensities it aligns with your master plan plan goals and meets the statutory criteria for use variances under the mlu so with that um any questions you have of me I'm happy to answer thank you thank you the the uh before we conclude our presentation Our Testimony we we do know uh that there are a couple neighbors here present one had some concerns about noise uh and we've spoken to to that neighbor and what we are proposing to work out as a as a condition of resolution compliance should the board Grant the approval is that the applicant would work with the township engineer to develop a protocol to do uh some noise testing to make sure that we are compliant with the Township's noise ordinance uh twice in the first year of operation and if those tests are compant then there would be no further testing if they were not compliant uh then we would uh continue the testing until we achieved two rounds of testing that were compliant uh so that would again be an item that we would work out uh a protocol for that testing with the board's engineer Mr hoder uh and other than that uh this that does conclude our testimony for this evening uh certainly appreciate your attention to the application thank you um so we do have people uh from the public that want to speak so anyone want to volunteer to go first up need be could you come up to the microphone please and you need to be uh sworn in my name is Bob oh I'm sorry about I do thank you your full name would you spell your last name and give your Robert C middle n Dyan b i l l n 32 Heights toown crur Station room or 54 years uh first I would like to say that um I I look at this that crane you were talking about the actually crane that's electric there's no diesel no FES no nothing makes a little squeak once a while Ste and steal Wheels but that's not a problem there were six cranes there that M and when they were at the height of their development that's when they used those CR that was quite a while ago and my I and they always left them up and I'm saying damn if I one of those thing when the lightning St lightning out there all the time I any was there that place but anyway the um Stone was put there they correct for the dust because the dust come out of the South I couldn't open none of the windows on the on the south side of my house and and they put it there for dust and they found out that it controlled it so much better than than doing dumping water on it and doing all kinds other things and I think that it also actually slowed the water down from running into that Brook too fast because there cracks in crevices and highs and lows and that and instead of compacted dirt so the that part is good the I don't know it's up to you guys how to figure out how to um do something about oil but I compare it to a parking lot like like a shoer you know and you know and I know that some car DP one o one drop of oil a day if you see it parked in the same spot every day you think you got a major problem but that parking L of shop I'm sure would do way more damage than this site here they were saying that U they they do 15 trips so when Midstate was at their height they had cement trucks coming in and out of there every day Kennedy brought a empty trailer down to a loaded Trail sometimes theyd be there five six times Trail or more and there was a lot more noise from that that the diesel cranes running constantly you know when they're picking up and set piling up the things and I think that this place would be so although I say that I have concerned about being secure with the noise level with too noisy there you ride in the neighborhood to buy a house or look at a piece of propit it's too noisy there you keep driving you know that that's obvious so that's the way I would I would look at it and uh I met the gentleman and we talked and that's how we come that some much of agreement of U testing for noise twice a year now I don't have a problem doing that but it does it twice a year I have a problem stop doing that if there's nothing wrong with that and you say he to do it every other year from then on I I that'll be fine with me okay but I just don't want to stop because what that cost is not such a great factor I pay for sometime Midstate it's you know it's money but it's not a big factor I would like to see it continue if you do it every two years or three years after that at least you got a handle on what's going on out there the air pollution part is very hard as they explained to me because of trucks going by trying to take get a good test in um and I thought about that and I'm saying well how do you what do you do with that you know but he's going to have less trasure I'm running that times the Midstate did so I can't see how it could be worse it only could be better and I have a question for the attorney or somebody if you okay this St to change to this storage facility or repair facility of a construction company is there a way that you could restrict that from going back to what it was like you know outdoor Manufacturing Company well yeah I mean this the time use stage with the property right this use would supersede it's a new use so I think this would supersede anything that was there before and they would have to come in if they qualify under the Light Industry standard they could do it but in terms of the use variant this one would be the use variance controlling the property that's just to to uh piggyback um outdoor manufacturing is not permitted in this zone so if if even if it was happening if it were to happen again they would have to come and get a use VAR or not I thought that that why that that is here for a long time and um the but can he go back to that did he come back did he go back in there and say well we're not I'm buying this piece of property and I want to do outo manufacturing but I don't need to use I think for purposes of clarity we would agree as a condition that we would not we we would giving up outoor manufacturing um and that any any future outdoor manufacturing would require return to the board right so theyd have to come back they have to come back okay in other words to get a new user for that okay because I see I seen people do that go in and go under what what was there previously um other than that I think he he he'll do well I think he's been a fair person to talk to and if he isn't we're going to have problems that's all not have to do at that time all right gentleman please thank you thank you Mr chairman if I could make a comment sure two comments on the noise um I was part of the discussions of trying to set up something for any future noise uh and I'd like the idea of twice in the first year uh or twice in the first two years but then after that possibly none but um Mr Dylan is right it could happen later we could have noise later and you know he always does have a remedy and that would be to go to the zoning officer and maybe there could be something put in any resolution if this is approved that if the zoning officer feels that the noise is being exceeded he can order the applicant to do a test right understand keep it local yeah and that would that would be an acceptable condition now now in regard to the spilling of possible spilling of oil or petroleum products um and the planning board's done this in a small way and other other Pro projects uh there could be a um a spill prevention and response plan that the applicant has to provide and it can be done by Roberts engineering I would think um it probably would be 10 pages something like that a dozen Pages what's that yeah but it's it's it's you know if if if if you do this on a regular basis you're not going to have you know uh it might be some education for the people that are the truck drivers make sure that they they check their trucks every day make sure there's nothing spilling look under under the trucks if there is a spill um there should be a response if it's just uh a couple of drips well it's a shovel and and and a and a garbage can you throw the the bad material in there okay if it's a large spill you bring an outside contractor and they do the excavation and or whatever they have to do and you know have an engineering firm or or an environmental firm certify that it's all clean just like when you take out an oil tank in a house sort of the same thing so that would be I think it' be a very positive thing and could help this town know that the new new applicants are doing a good job and we're fine with that condition you know as part of that just to add some further color would you'd have a plan that says absorb material on site so you can handle that minor minor discharge Etc and the applicant is uh absolutely accept that's a great idea I just to add that I think they put some kind of notice to that the yard make moreare so some educational signage would be would be a good thing yeah thank you uh anyone else from the public no one else okay um board members this may probably not apply but I just want to ask the question you don't plan to store Road Sal on your site do you no okay okay any uh comments from the board anyone want to bring anything up do you want the professionals I didn't go through my comments sure absolutely I do uh my name is Andrew fand I'm with Shar Associates I'm traffic consultant to the board uh very good presentation they answered a lot of the questions I do have a couple of questions and one starts with the existing cranes on site I know it was mentioned by Mr Dylan uh that there's existing cranes does that go away with uh the use that was there Midstate they are taking them it will be removed they're not stored on site kept the answer is yes I'm seeing yeah the there's seven mobile cranes that that Midstate has that leave with Midstate they're relocating to to Pennsylvania so they will take that equipment and use it at their new C whatever has to now the fixed the fixed crane the overhead crane that runs on tracks that's is that is they're not moving that is that correct okay in other words it's large enough it could pick up trucks that are immobile and it can move them around yeah could take take take a loader and put it on the back of a flat bed and that type of thing got it would stay that makes sense okay um another question about the company vehicles I know you talked about company vehicles and maybe sub contractor that work on site do you know about how many I know the question uh was in my letter and it was kind of answered it's company trucks but do you have a magnitude is it 100 is it a thousand is it I'm gonna hit pause for a second just because this is uh we should probably just swear minut iy so the person answering these questions is Kyle Mattis um there's I know there's just a couple questions left so Kyle the testimony you're about to give or answer the questions are they F thank you very much could you introduce yourself Kyle mat du construction and and yeah sure Kyle matth Dugan construction and Kyle to be clear you have not testified before various boards over the past 40 years that's correct I have not and this is in fact your first time testifying before new to me okay so I know you have a couple questions for okay uh company Vehicles just a magnitude I know you don't have an exact number but is it 100 is it 200,000 how many your c number is more the magnitude it's around 100 but again those are never on site for the most part I want Say Never but for the most part there's obviously jobs that they're deployed to so that's understood if you're successful they're all out and they're not on your site that's a good thing that would be perfect right um do you have wide load trucks in other words and my next question would be what are the size of your cranes but what are the size of flat boys that are gonna they're the standard lowboy trailers they're not like wide load oriented trailers to the extent there was wide load equipment it's not something that we have it would be an outside contractor that would comply with all permitting for wide load vehicles but it's not something we regularly do because some of the roads including Brickyard Road is not that wide there's no shoulders and if you take a wide load down that road yeah we don't have any wi Lo requirements okay and the the cranes themselves that you use what size they're not the size of the cranes that are out there obviously no they actually are they travel on roadways themselves and are compacted on site so they're not going to there's not going to be a boom extended like there is today they have seven cranes today that are some 50 odd feet in the air they can travel on a tractor Trail or a regular tractor some of them actually drive themselves some of the cranes drive them with their you know their compacted vehicles and of course you'll have the back hose and front seers all that stuff yeah okay um the service that's going to occur on site is that routine service like changing oils changing filters changing tires or is that breaking down an engine and it's it's routine maintenance in nature to the extent those Vehicles need extensive service they're often sent out to the manufacturers or the service centers that handle that kind of stuff the stuff on site would be routine maintenance that can be done on site a lot of the heavy work to the equipment has to be done at a qualified maintenance center that can handle those types of vehicles of that size as you can imagine it's heavy heavy stuff and I guess the last question I had has to do with the restriping of the parking area some of the parking areas maybe uh in need of some repair uh maybe sealing The Sur surface before striping goes down I know there might be cracks or old Pavement in there is that something that was considered as part of this or the stripes going back on some of the pavement uh that might to the extent there's a need to reseal the parking L prior to it being striped I think that would be completely fine I think it would actually be helpful that would be good to maintain your stripes because if you put it down on broken pavement or cracked and that's a fa Point okay that was it thank you thank you just a quick question uh do you will you be storing gasoline or other petroleum products on the site no Our intention is not to do that um I believe there is some of that on site today uh there is a a gasoline tank I think that would be removed I don't think our intention would be to have the gasoline on okay anything else from the professionals or the board if I could help sum up a little bit um so this applicant is asking for an application where they're actually doing a uh they're going to ask for partial waivers for a lot of the site plan items that are normally required under the cranberry ordinance things like curbs sidewalks around buildings you know there'll be a partial lighting um um um and Landscaping uh waiver needed because they're not going to landscape uh up to the standards of of of our ordinance they're not going to light the entire site I think maybe even the neighbors wouldn't want that um you know we wouldn't want to make it look like a field in you know a big Shopping Center yeah of parking um and um just see if there's anything else oh and even even with the uh trash containment area um right now there are no walls except for a rear wall uh and honestly I would I would make a comment that maybe the best thing to do would be to have I mean they're in construction so they could just build two walls one on each side of a of of the trash area uh even using the same concrete that's there now the same concrete blocks pick them up with one of those graines and at least hide it from the streets on three sides not four sides and they could Define that based on you know what their trash need are uh but it would still be a partial waiver from our ordinance so those site plan items and um I may have to work with Ed if this application is approved to identify some more of those uh that are part of our regular site plan ordinance uh that this applicant is um you know uh requesting waivers for because they don't want to build a brand new site yep thank you okay uh yes I have number sorry I do um there's a number of s plan waivers identified in my report which is is similar to what Dave said which is again if we were looking at this site not in with 1988 eyes but today we would have put in more Landscaping we'd break up the parking areas Etc um that said it is a a site you know um a use variance and a major site plan so I think if the board you know is interested in more Landscaping they are within your you know you are within your right to uh request that of the applicant um and you know particularly I think what Dave noticed noted um along Brickyard Road sort of supplementing a little bit where the pine trees have grown tall um and you know the concrete wall is not particularly sightly I understand that it's very close to the RightWay so there may not be an opportunity to landscape between the road and the wall but perhaps there's some other opportunities on the other side of the wall with Landscaping that could help also Shield the site from the surrounding uses just something to think about um from the board's perspective slight correction the concrete walls are in the right way okay they actually in the town's right on not on Brickyard Road on yeah on both both on both yeah yeah because and and and the truth is I had asked for to find out what the filing was whether or not they actually did dedicate those because Midstate filigre was in in one of the boards I don't was planning or zoning sometime in the last 10 years for something I don't know what it was but I remember seeing doing a review and and they did say they were going to dedicate so many feet off the center line Andrew has it in his letter and that should have been done if it hasn't it should be done as part of this application and the applicant should stipulate stipulate that if the township requests the private improvements um that are there now be removed they have to be removed I don't think there's any um any reason to do it now but if it ever happens let's say let's say cranbery gets lots of money from the federal government to improve one of the two roads and can pay for everything well we don't care cranber doesn't want those concrete walls there they would want them further back on the property where they should be and then they could cranber could do those improvements whether it's roadway work or curbs or drainage or whatever that's normally done as part of a lot of improvements in a lot of towns so so that should be somewhat of a stipulation too because because um it's a lot of work to move all that concrete and I think we could probably work with that type of stipulation provided that there was and it may never happen provided that there was a a standard attached to it that it wasn't just we feel like you should move them but you know if you have a standard that sayfe fits the criteria you're talking about that there's going to be a road widening and blah blah blah blah blah you know I think I think we can come up with some reasonable standard that would apply to that type of thing the walls were put up as part of the 1988 site plan approval so where they are is part part of what was approved back in 1988 and brick Yard Road itself uh is just has a whole host of of uh interesting RightWay issues which you you're seeing as they redesign the circle and and find that like the old Harris moving building is sitting out in the middle of the RightWay and has been for 75 years so you know there's there there's this is just this is part of old cranberry uh and so yes if there's some really somewhat extenuating or or justifiable reason to move them I think we can work out some language to address that said the wall is where it is for now uh and as we understand they can't put Landscaping then between the roadway and the wall but there may be opportunities to put Landscaping on the other side of the wall that would you know grow and help to Shield the site okay all right uh in addition to that um I want to make sure that um the EV parking issue was addressed in there yeah I put it in my letter that it was a variance I just learned from Andrew that he doesn't think it's a variance so I'm going to defer to him but the applicant has offered to put to make the the Make Ready s um spaces so that that's terrific okay it's a good suggestion but if they're not changing changing the number of parking spaces it's just a maintenance they're restriping and therefore it's not a requirement because they're not changing the number however it's always a good idea to provide one should you have an employee that uses an electronic vehicle and for charging purposes but it's not a requirement per se of uh the State per its EV uh law so okay great so it's something they're offering they're not required right okay uh also the we discussed the uh possibility of a buffer area for runoff um that's correct and and um you know how it was left in the previous discussion was that if we don't agree if the applicant and myself don't agree then they come back to the board but maybe we can we can we can help that situation Along by maybe defining some parameters okay and and like for example um Mr Brown Jeff does does the flow run almost entirely to the rear or does it also run to Bri Yard Road um a little bit from the area near the office runs to Brickyard Road and that that goes into the ditch that runs along but pretty much the rest of the site all flows to the West would you say that the concrete walls stop the flow or do does the flow run to the ditch on Brickyard I think eventually it gets to the to the ditch on Brickyard because there is a wall along here but it's blocked it's not like a water wall right so it runs down on top of and through the stone to the wall and then seeps out through the wall and also eventually gets over into the ditch there was a ditch running up part partway on the western end and does the stone run right up to the wall in the back there uh yes does okay would the Alum be willing to create a grass area of of uh of 15 ft wide in that rear area that's probably not going to be used yeah that along that area and then possibly try to do something at the at the um office parking area too I don't know what but is there any area there that is now uh Earth between the pavement and the wall I think there is actually there there is and there there are actually trees along there also so be enhanced with um some grasses so that they live you know and not just become you know uh uh the edge of a parking area without any vegetation right yeah I I think we could provide some understory to those fine trees so that's the kind of thing Mr chairman that I'd be looking for something like that and and that would create a situation that would walk and talk like you know environmental uh uh mitigation yep okay great uh I also have um we want to make sure that that we state that uh the approval is for a contracting company in the future and uh and that the entire site must remain Stone and can't be paid over paved over that's going to be in there and also the uh now I I'm not sure we need to put this in here the the uh I have zoning officer can order a noise test but zoning officer can already do that right if if uh I mean it's it's an ordinance it's a town ordinance right yeah but it would it would be clear to trigger it in other words we we'll do the testing initially but the zoning officer will Monitor and rather than hit him with a fine they would just ask for more testing okay Mr chairman Mr Dylan will be the trigger okay good all right and finally The Spill prevention and response plan should should be in there okay right any other comments should we I'll just remind the board you need five affirmative votes it's a use variance okay should we put it to a vote yeah oh yeah we need a vot oh question before we vote I would like to understand exactly what we're voting on because we're voting for either approval with specific contingencies okay I assume that's what we're doing and I would like those contingencies to be clarified So I myself would know whether I'm voting yes or no I mean I I know I know that we've talked about contingencies for lighting for plantings for grass areas you know for all these things and possibility you can't repave unless you get approval you can't so I so if you could go before we before we vote can you spell out exactly what those contingencies are the design La well they're they're they're not contingencies they're conditions of approv and I think the chair did a good job in in outlining the principal ones I probably have a list of 20 others from the discussion tonight and the challenge will be for your staff to put that together in a resolution you'll look at next month and you'll consider adopting there'll be one through 30 of conditions that you'll make sure saying that the the really so we can vote if we vote to approve but the real approval takes place only when we see and vote on the resol no no no you you vote tonight to approve it subject to the conditions you have to trust us to write those conditions up we'll share it with Mr Brennan to make sure everybody's on the same page and you'll look at it next month to memorialize what you do tonight and if for some reason I'm not saying it's going to happen certain conditions were not necessarily as clear as we thought they were or possibly were left out can we fix it at resolution time at resolution time you can yell at me for not getting it in there right and we'll write it down and you can amend it that night and adopt okay okay okay so do we have a motion to approve motion to approve second second okay okay roll call Mr Bon valant yes Mr Callen yes Mr McGovern yes Miss Parker yes Mr Schwarz yes Miss gitten yes and Mr Diamond yes thank you motion pass thank you very much appreciate it we got a motion to dismiss cut out for you so we need a motion motion to dismiss motion to dismiss second night everybody