just before we start we still need to turn on the camera to see um the actual that camera is not on for the to see the actual board members say sureo to order the um April 30th 2024 me again 81924 meeting of the Flemington um right please rise if your a this meeting is to the to the provisions of the open public meetings act both adequate and electronic notice of this meeting has been provided by way of publication in the hunted and County Democrat c new newspaper honor about February 1st 2024 and January 30th 2024 and April 4th 2024 for the cancellation of the April 16th and the addition of the April 30th meeting in addition notice of the meeting was posted at the B fingon Municipal Building located at 38 Avenue and any handicapped accessible entrances there too posted on the municipal website provided to the municipal clerk and distributed to all persons if any requests and copies of the same this meeting is being recorded with both audio and video maybe re broadcast this meeting is a Judicial proceeding any questions or comments must be limited to the issues irrelevant or the board May legally consider and reaching a decision and the Quorum appropriate to a Judicial hearing must be maintained at all times all right um I can we take the roll call please mayor Carol is excused councilwoman faar here Mr Campion here GI yeah Mr Hill Mr DNA I think is running late I'm here in remote you are remote um driving I'm driving in yeah I'm gonna listen thank you Mr cook yes here miss Lon here here miss swingle here Mr Mario is Mr E I here show Kinski Mr Ian Hill um is mcmanis here Mr Troutman here and we'll wait for Mr H apologies I'm here all right um item one on our agenda is for public comments this is specifically for items not on the current agenda is there anybody wishing to make a comment on in person we don't have any raised hands online so moveing on um May two some two May comments we didn't receive any comments that want to from okay so item three cancel nothing of significance to any okay thank you um item four HBC comments Dennis we're meeting next week so I just have one item a reminder we're having the historic house tour planned for Saturday June 1st from 11: to 5: tickets are on sale they're on our burrow website as well as the HPC website and they're available through Eventbrite if anyone wants to volunteer for the day of event we're looking for volunteers you get a free ticket so just let us know if you're interested thank you than um professional report uh I have a brief update on Catalyst um there will be a motion heard before the court currently scheduled for April 12th which I believe is this Friday um to have a receiver appointed once the receiver is appointed there will be a auction scheduled for the property that typically could take anywhere from 60 to 90 days um I think we talked about before the hope is that at that point another billboard company will come in take over and complete the process project if that doesn't happen then the foreclosing company since they are also in that business um would undertake the project and appoint somebody or hire somebody do it however it would work but um like at something's moving exct do we need to um I don't to say too much Cas you don't want to but the Facebook item that we mentioned to us to touch on that just to remind the board of what we kind of I do want look at the actual holding you a little more detailed because it does seem to be very fact specific um but I'll say that that was distributed I did find it interesting it seemed like it was one of the first times that it's been extrapolated out that far and I mean you know ever since I've been with this board I've said you know when you're in these positions I don't want to say you lose your right to make comments but it's always the better course of Valor not to and I think this is a perfect example of you know while it might not have been technically legal or or wrong you can see what the ramifications could be AB so I'll look at it in a little more detail if there something else I need to advise thank you if anybody has questions just let me know yeah feel free to reach out to car you have personal questions about how it affects your comments and work on the board to say yes all right um be yeah uh I think uh last week I submitted an updated or upd memo on the updated Fair Housing Act we have really significant changes to the fair housing act in New Jersey it sets forth uh changes for how the affordable housing obligation will be generated how it could be satisfied and then the process for doing so with the the Highlight being that the council affordable housing has been abolished most of the activities monitoring Etc will occur through ports with some Powers sent to the Department of Community Affairs so I provided a memo indicating overview of what's in that bill and ultimately I'm recommending to every municipality that I work for that I think now is the time to start thinking about this and uh there's nothing urgent we don't have a deadline until uh January 31st of next year which just sets forth the obligation and we have a housing plan deadline for the end of June 2025 so it feels like we have a lot of time but it's going to go very is this something where we have to make yeah my expectation is that the B uh presuming the B decides to participate your process it is voluntary technically although it's very incentivized um so presuming you want to participate in this that means that we'll have to do a a fourth round housing element fair share plan and presumably some ordinances and resolutions that in when we get some spare meetings yeah has happened yet I keep hoping it's going to happen soon we're still thank you um nothing specific okay thank you um all right approval item six approval of minutes from the March 26 2024 Meeting those were distributed to everybody they everybody have a chance to read through them any comments or amendments okay can I have a motion to approve the minut I'll move thank take the Mr Hill yes Mr s yes Council fararo yes Mr Campion yes M giin yes Mr Das yes Mr C yes yes Melissa can you hear us you hear sorry I was having trouble unmuting can you um vote on acceptance of the minutes from March 26th please yes yes thanks all right item seven is resolution golden h Homes LLC application 20238 is this are we tbling this one we got this one we do have this one y and I'm just going to make one change I spoke with Council earlier and on page five second paragraph down uh I'm going to amend the last sentence of that paragraph starting with the facility to read the facility would also operate similarly to a school or education facility and that it would most likely not be operational in the event of inclement weather and on federal holidays I think that does better explain exactly what happened as opposed to what I had there so with that change motion all right can I get a motion to approve that resolution as amended move have a second second Hill take the RO Please Mr cook yes yes Mr Das yes yes thank you very much thank you um item eight resolution hunting Tea House LLC this one the next meeting with agreement from I didn't say so but I now yes um we're almost there I understand right um okay here we go item n public hearing station our council member this back so this is heing station LLC application 2023 and 7 27 M Street continued from October 3rd October 24th 2023 and February 12th and March 12th 2024 maor eliminate final site plan application with new some variances and waivers so we this is a continuous so do we need to um we need to go through the items where we're checking conflicts on swearing any Witnesses on we don't need to check again we don't have any new members okay um we will need to swear in any new witnesses that we have not swor in before I'll go back and check right um but the one other thing I just did want to do just for the record there were a number of other reports that came in since the last meeting that we had so we just wanted to mark them for the records there's there's a number of them and a lot of them are updated um so they don't necessarily all say new information they just want to mark them for the record so uh pb5 I have the engineering review um this is pic report number two date of January 22nd pb6 is the uh HPC memo dated January 29 2024 pb7 is Miss mcm's updated report um dated October 2nd 2023 revised February 7 2024 pb8 is another report revised from Miss mcmanis revised through March 4 2024 pb9 is technical report number three from uh Mr um clero and that's dated March 9 2024 db10 um I have Miss mcmanus' report revised through April 4 2024 um I have Mr troutman's report uh 11 dated octob uh April 5th 2024 the origal day of that one was October 3rd and I have pb12 uh which is a report dated November 10 2023 and I don't recall Mr grber if you put this in the record but I'll just do it just in case um this is the uh water and sewer plan review from the bureau's engineers berck dated again October 10 202 thank you very much um one thing I was just thinking to check because we are missing a few members we want to check we a forum or which alternate to get so did we have anybody review we did and M everyone else else Hill Mr and Miss s we have one two three four five six seven eight um we would only yeah we only be with seven members and we have we have seven full members excellent thank you we'll get going all right great the floor is yours thank you again so um we're here for Central Station LLC and we've been here couple times before and this is one of those applications where um the process has worked for I think the board and for the applicants to come up with a really good project that's real FL for the community there's been a good dialogue not only with uh the board members and professionals and the public to address their concerns about this application and we've actually narrowed it down uh to the relief that we're requesting is only going to be the D1 use variants relief to allow for residential on the first floor um instead of just the first second and third floors instead of commercial on the first and residential on the second and third floors which would have been permitted uh that's as to the back building the front building will uh have a commercial on the first floor and residential on the second and third flooor um what we have done is submitted revised plans that have been vetted by the HPC and we've addressed both of their concerns I think in their in that submission and we have a follow-up report and we're going to testimony to uh supplement to talk about some of the other things that they just wanted to know about and we're going to provide that information um probably the biggest change was that we were previously asking for a rear yard variance because we had a seventh unit that was located within the rear yard setback and we've removed that seventh unit so now there will only be six units in that back building and now we no longer require a c variance for the rear yard so before we were asking for a d variance and a c variance and now we've eliminated the C variance um that takes into consideration some of those neighbors concerns about the size of the building being close and uh to the rear property line and what their viewscape would be we're sensitive to that um and I think by removing that seventh unit we're bringing the project even more into Conformity um and it's interesting because the the only use the only relief will required is for that D variance relief but your most recent master plan Mr Block will present more testimony and supportive planning but on page 36 of your master plan and this is referenced in M mcmanus' report it talks about the DB district and it says that the district standard should be amended to allow first floor residential uses as a conditional use first floor residential uses in the downtown area uh in the downtown are appropriate where they do not disrupt first floor active commercial uses as such first floor residential uses may be appropriate where they do not face a public Street or where the unit occupies a minimal area to accommodate the residential entrance due to the presence of existing residen is in the db2 district conditions for first floor residential uses should be more flexible in this District than the DB District that's exactly what we're doing with this proposal because um this building does not face the public Street the or the building that does face the public Street does have commercial on the first floor we're um following the recommendations that have been noted in your master plan by having a more flexible residential use on the first floor so that's the legal Spiel in the beginning um what I'd like to do is call Mr rutner a up who's already here he was already sworn before and have him highlight to you what the changes are in the plans so I think my camera needs to be turned on because I'm not seeing myself unless you're seeing keep myself muted and can we um include your VI up [Music] yes you should be able can you yeah I just put that on oh I forgot good it's a lot L more smooth than last time so Mr rub if you would please advise the board as to what changes we've made to the plan and highlight they're very familiar with project but let's limit Our Testimony to what we've changed and how we've address some of the comments of the board's professionals thank you So the plan that I have is being shared with the board uh this is sheet number four of the site plan set um and this is titled preliminary and final site plan and it's dated May 25th 2023 um last revise March 25th 2023 this is the plan that was submitted that we're not it's not colorized or changed in any way that it has to be marked as another exhibit correct correct this is the same 2024 yes my 2024 is the revision um and what this plan shows are the revisions that the applicant has made to the project um the front building which is the mixed use building which is located along the front edge of the property no Chang has been made to that building in terms of size or square footage the second building which is the townhouse building which is located towards toer this is the building that once for the previous plan we presented to the board this building building consists of seven units and the seventh unit was almost entirely or actually was entirely within the rare set Min what the applicant has done is to remove that seventh unit which used to be located approximately here in order to eliminate the rail yard variance what we did was slightly change the internal configuration of the project um previously the parking area that's located behind the rear behind the excuse me behind the mix building the loading zone used to be located on the Northern east side of this parking area what we have done is to flip the loading zone the loading zone is now located immediately adjacent to the rear of the mix use building what that allowed us to do is to shrink that overall parking area slightly and move move the rear building a little bit closer towards the front of the property in order to provide the required minimum r reard 50 ft in addition to reducing the unit count reducing the number of units also allowed the applicant to reduce the number of parking spaces that they're required again the miuse building has not changed um however reducing the unit 26 instead of seven allowed the applicant to reduce the F requirment on site by3 instead of 32 parking spaces which were previously required the applicant now only requires 29 Department spaces three of which will be EV parking um the EV parking spaces are proposed along the western side and also along this Northerly corner of the parking area adjacent to the mix use building these EV spaces are going to be EV ready um details of the proposed EV charging units have been added to the plan so we're conforming with parking requirements of the correct correct in addition to the changes to the site layout we were also able with the additional space provided to the north of the mix use of the um townhouse building we were able to enlarge the strong water management system that's required for the project originally um The Proposal that we had we were meeting the peak rate reduction requirements however the volume the post- develop conditions runoff volume increased slightly which required a more detailed Downstream analysis of the project in accordance with Mr Perico's recommendation another option which is available to the applicant is to look and analyze the two 10 and 100e storm events and provide the required reduction 50% for the 10year storm 25% excuse me 50% for the 2-year storm 25% for the 10e storm and 20% for the 100e storm the revised storm water management system design has been provided to the board meet all of those requirements so in addition to actually reducing the amount of imperious coverage onside the applicant has been able to meet all of the storm water management criteria that's established in the ordinance and also with an rsis this project actually results in a net benefit to the overall community and the downstream properties as a whole currently the site is about 66% covered with various types of impervious coverage gravel pavement concrete buildings and they all discharge in a Northerly direction through this property through the adjoining property and down into the street that's located north behind the dwellings on on bonell Street The applicant's Proposal actually reduces the impervious coverage by about 1500 square fet or about 4 and half% Below what currently exists on the property so overall this project is going to have a net positive benefit to down through properties because it reduces the peak rate of runoff that's currently seen by those properties where the stream is located within the Ary on banel and it also reduces the volume of runoff into that existing um stream let's let's say that in in non engineered terms but people terms so we're reducing the impervious coverage that's existing on the site now correct yes we are taking care of the U storm water by even making the proposed basin and storm water management larger than what was originally proposed correct yes where um reducing the amount the volume of water that's coming from the site as it does now correct correct and we're reducing the rate that the water leades the site now than what it does now correct correct and we're actually you've already testified to it previously where we are using a um improving the drainage on the adjoining lot and working on the buau system to allow for water to flow better through that existing system correct correct okay and essentially those are the changes that the applicant has proposed in the revised plans let's talk a little bit about the water and sewer Remington and Vernick proposal and some of the requested improvements that they as for and what we're willing to do so can the review M that the applicant is obtained from Remington and bming um in terms of the water supply to the property the applicant is fed with the recommendations in terms of the size of the pipe and how the service should be provided one recommendation that they they had was relative to the existing sewer M that's located within M Street um the plan that I have up this is the utility plan and this is sheet number six of the plan set and this sheet also has a revision date of March 25th 2024 um one recommendation that the Remington and vermi had in their letter is that the applicant should consider replacing the sewer main the existing sewer Main and lateral connections and cleanouts for the existing main that's located from the intersection of Central Avenue all the way down towards sparkk Avenue which is the easterly most manual the applicant has agreed and will comply with that recommendation we're proposing to replace that entire sewer M which is currently an old um vetrified clay pipe with um schedule 35 PBC pipe um all of the existing utility connection super connections into that main they're also going to be replaced in L of this a single oneway cleanout which generally allows you to insert a snake in One Direction along the lateral rington and ver they recommend two-way cleanouts which would allow you to clean both towards the main from the street and towards the house from the street the applicant is in agreement with all of those recommendations and we have revised the plans accordingly to reflect those changes so not only are we improving the storm water run off on our property and the drainage through the property that benefits the burrow we're actually agreeing to improve that sewer line um that affects not just just our property but other properties 250 ft from our property correct correct that's another benefit to the the public good for uh grading this relief in this proposal correct um we can go through the board professionals reports I'd like to start with Mr trouton's report on traffic and we we reconfigured the um loading are and the parking comes up so I think Mr troutman's report starts substantively on page two in paragraph two um he essentially agrees with our calculations that we will not generate a significant increase in traffic to the area correct correct and number three he uh agrees that the parking Supply shown on the proposed plan meets the parking requirement correct correct and number four he indicates that the pro proposed plan satisfies the New Jersey residential site Improvement standards for visitor parking requirements correct correct and number five the revised plan provides a backup area and turnaround area to facilitate vehicular existing move exiting movements from the electric vehicle and parallel parking space correct and number six essentially indicating that the revised plan provides improved onsite circulation for delivery and trash trucks to access the loading zone and dumpster pad and that there's an adequate pavement area available for um box trucks to enter and exit the loading zone and dumpster ped area correct correct and the last thing was deferring to um the municipal Fire official on isues of access and circulation for fire apparat but um I don't think there are any other comments that we need to address from a traffic standpoint correct I mean I would just comment that losing that unit well we lost the the setback variance and that important element from a traffic standpoint I think it loosened things up a little bit on the site I had some concerns about pinch points and things all working it just opened up the internal as I stated in the memo to make things work better thank you then m mcmanis is report of April 4th 2024 there are a number of items um I'm going to skip over all the ones that say satisfied because that's really great I love the word satisfied um and if I miss anything please come back to me but we um on 4.8 the fence detail indicates a 5.5 foot tall fence and we're asking for six feet we'll correct that LE consistency it's really where you start your Venture correct correct they will provide the bicycle racks details as a condition correct that's 4 sorry um 4.11 regarding the um four silky dog Woods are proposed in the planning schedule however they're not depicted on the landscape plan we'll clarify that and TW them correct correct and there's been a request for the detail of the patios and the Privacy fenes which we can provide um and on comment 4.13 we're not proposing the Planters now they're not on the plant so we don't have to do anything on comment 5.1 again we'll label the fky dogwoods and clarify those Landscaping issues and 56 the foot candle values are not depicted between the rear of the res Residential Building in Western property lines suggesting no building mounted lighting can you provide testimony with respect to that issue certainly so we do anticipate having um within that rare part of each one of the units at least one wall mounted light and we anticipate speaking to the architect that we're going to use more or less a light fixture that's going to complement the building um some of the newer LED fixtures that are more cylindrical that are down light what one will be installed adjacent to the doorway along the rear of each one of the units all of the requisite foot candles calculations will be added to the plans as part of any future revisions and also provide a detail yes yep and I'm going to skip over 6.5 because Mr Kyle will provide that testimony and I'm going to skip over the planning testimony because Mr Block will present that testimony and I think generally we're your report is acceptable I think we addressed everything that I needed to address but all the others I think no I agree all my comments have been identified in or satisfied except for there's handful of items so then Mr cleric's report um I know there were a number of issues that um were um raised prior to our most recent submitt and we hadn't had enough time to review um our recent submitt but can you just go through the the major issues and how we address them because I did Mark all ass let's take them in categories because there were there were questions regarding the utility layout let me back up do it in order um there was a question regarding the intention to subdivide I think we already testified we provided testimony that's not our intention to subdivide or to create separate Lots here that we're going to manage the exterior areas by way of an HOA and that the provision of those HOA documents would be a condition of approval satisfactory to the board professionals so I think that addresses those um you we'll have to have easements and and commun area easements and easements for the the unit holders but we'll provide that as a condition of approval and with respect to the commercial space we've remove the signage saying it's yoga because we don't know we testified to that before that we that was just a representative of a possible use but we're going we propose the cafe on the one side and any permitted retail use that's allowed within the Zone on the other side whatever that might be so um there is not it isn't necessarily going to be just to quite find that um and Eric we we dealt with the Eng markting spaces we provided those details correct correct we um revised the handicap ramp to reduce the slope to 7.9% correct correct um we dealt with the Turning movements of the trash and delivery trucks correct and um we we already provided testimony previously about the refuse removal coordinated with the trash hauler loading and unloading will not be permitted when the dumpster scheduled to be empty correct that's with respect to how that we deal with the truck turning template correct we have no problem with conditioning the approval on the granting of title 39 jurisdiction the again the ramp grading has been revised to reduce the slope to 7.9% you already testified as to the storm water management how we dealt with it and this this storm water management is fully a green infrastructure correct correct so although the ordinance provides for um a reduction in the impervious covered impious coverage to 55% if you don't do storm water management um we're at 75% because we are meeting all of those storm water management system so it gets the benefit of the 75% right correct however the the ordinance permits up to 75% but the applicant is only proposing 62% and the 62% is actually less than what's existing on site now correct [Music] you've added the details of the Bas and access and you provide testimony with respect to access to the Basin so as part of the plan revisions would we have done is at the end which would be the northly section of the parking area in front of the uh townhouse units access into the bottom of the detention Basin will be provided this hatched area that's um honeycomb shaped this is where the detention Basin access will be located and it's 10 ft wide um it's going to be a stabilized access consisting of a stone base with top soil on top of it so once it's planted and it grows it'll look like it's part of the Basin and of a gravel drive um I've used it this particular detail in other places where normal maintenance of light landscaping equipment lawn mows and so forth it needs to get into the Basin this seems to work well and it doesn't leave ruts or it doesn't leave a hardl looking surface within the pond itself within the Basin um this area extends from a depressed curb at the end of the parking lot into the bottom of the Basin so any sort of equipment of or Personnel that we need to get into the basin for maintenance of any of the landscaping or other features within the Basin they can certainly utilize that access and one of the other comments was previously for us to put a fence around the Basin to prude people from going there and we've added that detail to the pl correct correct in addition to the board on board fence that will surround the permit of the property what we have done is to add a split roil fence on the Northerly side of this end unit and the split Road fence is your typical two rail um fence um with openings in between and the purpose of that fence primarily is to provide a hard separation between the actual Pond area and the end of that unit um there were specific comments regarding um elevations for to grates and consistency and you tied all of those correct correct and the pl C report have been reconciled and 62 the home order management report he corrected the title to Central Station and the B fund correct um about the H we made specific reference to the revision um on 5.1.3 for R correct correct 5.24 we put the locations of the hydren along M Street and we're not proposing any irrigation system for the site correct correct talk about the utilities clto indicated question regarding the location of certain utility way up the access you address that issue certainly so the property is going to be served by all public utilities on natural gas public water from the B public sewer from the burrow and then also electrical service um what we're proposing is that public water and public sewer will be taken directly from the bur system located within M Street and they will extend into the property and once the utilities have been brought onto the property individual laterals or service connections to the Muse building and to to the uh multif family or to the townhouse building in the rear will be provided to serve each unit the both the water service and the sewer service will be handled the same way um the burrow is going to require one meter for water service for the entire property and they're going to require a heated meter box the meter pit is going to be located within the parking area what we're proposing for electrical service will all be brought on the ground we ENT ipate the main service being brought in from mine Street to a Transformer Pad which we're proposing adjacent to the building and the dumpster enclosure from that Transformer Pad service will extend into the mix use building and service will extend diagonally in a Northerly direction towards the front of the condominium units of the townhouse units and from that point individual service into each each unit will be provided so for a second erican vlea engineering I'm just wondering do you need AWA permit for this from D yes we are going to need a tww permit um for the sewer M extension yeah okay thank you finally natural gas will also be brought in from M Street um that service will extend down the driveway or the main entrance into the site and then individual Branch or service connections into each unit will be provided and those are the utility services that we anticipate for the project I think that there's nothing in Mr Clo's report that we wouldn't agree to as a condition of any approval correct correct um and I spoke to Bob earlier this afternoon and he said that you know while he didn't have enough time to prepare and submit a report that he was pretty comfortable with everything in there if the board got to such a point where they were ready to vote on this application um just to make um complying with the outstanding items in his March 9th report uh conditions of approval we appreciate that thank you that's it for engineering okay Ian um normally go to you you just made a comment but is is there anything more specific than what you just said that you'd want to comment on right at this time on the um they touched on all the items that were outstanding in this report um yeah I don't have any specific concerns to convey to the board um like I said um he is um satisfied that the board could come to a vote if they feel that they're ready to do so and that he would have no objection to it one thing I didn't hear in the testimony while you I can ask both of you this question in um item 1 point4 from I think this is their response to bort April 5 2024 gold engineering we have [Music] that um you didn't meant you didn't reference these in your testimony the items of the drainage easement and the hi please mention but also the cover on the two name it says no comment but I would thought we be a comment on those you have a comment on no so certainly relative to the drainage eement rsis requires depending on the depth that public eement should be anywhere from 20 to 30 feet wide um the existing sewer easement along the easterly part of the property that extends from M Street to the Northerly property line of our site of this property that e is only 10 feet wide and then similarly the easement that's the applicant has acquired through the adjoining the neighboring property that fronts on bonell where the sewer the storm waterer sewer will extend that easement given the location of the existing building that eement cannot be 20 feet wide um so that Eastman is also less than 20 feet so that's one of the rsis RS rsis exception that the applicant is seeking secondly relative to the cover on the um sewer M 36 in is required um we're proposed to slightly less than 36 in uh primarily because if we were to provide 36 in of cover the end unit or this last unit of the townhouse is going to require a pump station um I do feel that having slightly less cover the system is still going to be compliant in terms of minimum slopes to ensure that all of the solids move through the system uh PVC pip schedule sdr35 which is what the S main is going be constructed with and schedule 40 PVC having 30 in or 24 in of cover on that pipe is more than adequate to maintain the stability of the pipe without any potential for damage so all which I understand what you're saying however the plumbing code you can't get we can't Grant a waiver for that so if you can't get that through construction code offici you won't be able to construct that so in terms of the sewer main uh the jurisdiction lands with lies with njd um for any sore main extension and the cover requirements if for some reason the plumbing we cannot obtain a waiver if it's necessary from the plumbing Pro for the end unit then we'll have to modify the design to improve compation or some other method of providing the the respective cover will have to comply one way I just I don't want any complication down the line when they can't get approval for that pip and that that was my reason for bringing up the de approval in the first place that they are going to need to satisfy this one way or the other that that we're not asking the board to grant that Rel we have to get it from the DP well what changes would it make to your other that you have to provide a pumping station cover you're saying You' have to sink the whole pip down another p no so the what would you need to do so the individual pump station can be located um and these systems are fully underground they can be located within the drivea the pavement area in front of each unit and there's going to be a section of the sewer M that meets that 3 36 in cover requirement the manhole at the end so currently we have a manhole that's within the driveway of the last unit the Northerly most unit that manhole would shift to location where we have at least 36 in of cover on the pipe and then this end unit that manhill essentially gets replaced by a pump station that would pump into that man home it just seems like a reasonably um so substantial I'm afraid to use the word but reasonably different we can we can incorporate if the bo feel comfortable some sort of a condition where if they can't satisfy that that uh type requirement and they need to make some changes with compensation incorporation um that he can work with the board's engineer to approve plan amendments rela to that provid that it doesn't change anything else something along those lines so meaning we' have to make sure it's not a structure which I don't think it does you wouldn't need any sort of setback requirements if something that did need to be changed and there was some impact on the relief that was rant and then they have to come back before the board so and I don't even know if that's possible that's way outside my yeah I mean that that's acceptable that would ordinarily be the case yeah in any type of application where there's outside governmental agency approvals that there's a substantive change required as a result of an outside governmental agency approval you if it triggers a substantive change in the plan the board Prof professionals would say this is something that you have to go back to the border so it's it's not any different that's why Mr Hill I think raised the issue that we we do have to go before this be for Kwa perit I'm just wondering whether it would have been useful to provide or it would be useful to provide an like almost an alternate a if you can't get approval on that reduce coverage you almost provide option A of this layer you the question I guess the question that we're coming up with is would it only require one PK for an individual home or would you need more if they deep said we should be individual if there house commun so what I anticipated is any requirement for a pump station is only going to apply to that end unit just for the one unit and essentially The Pump Station would go where the manhole is right now and the manhole would probably shift into the unit um the next unit to the South so would you feel comfortable that you could we could ask for that layer I'm feel more comfortable if we had it in our set you me but like if you if you showed where the alterate location of the manhole would be and what would be and and just um SE section of what the pump would look like because that's that's Reon it's not substantial but it's it's reasonably a diff a change to what's shown here that they would have to I I think what I think the the way we approach it is we cannot require an outside agency approval that's higher than ours in order for us to Brand our approval so there d is a higher agency so we could condition our approval on them getting that t approval if they would like to take the risk that that approval may not be granted and there may be a substantial change that would bring them back here they could certainly provide us with an alternative and you could technically approve that both that's that's the D what I'm saying is that that would save time might save time in a long it might not we does that mean that creating an underground pum station and moving the manhole over a unit so to speak that that's a substantial change to the plan yeah I I mean that honestly that's where I was just going to go because if it's an un it affects nothing on the layout here and what is appearing on the plan above ground it's just how you handle the sewer for that last unit and whether it's need a underground Pump Station to get the stuff up hill a little bit or whether it's okay the way it is it really doesn't affect the plan from change that they can work with engineer to do unless something else changes right I think it's understand what you're getting at and if for some reason once they realize what the situation is they do need to make some moving around and yeah that's the risk that they would be taking they have back there was some significant plan change that but would that be Bas the problem would approve or not approve seeing is there approvement in the sewer line yes that's why you have an outside governmental agency approval requirement that we need we need to comply with them which as Mr binski said is the higher authority um if if they came back and said you know you need to move that building 10 ft and it's going to a variance then we're back before the board but this this is well you know you might have to put a pump station underneath the ground and move the manhole 15 feet that's that's not a substantive change agree I'm I mean I I I hear what you're saying I'm comfortable with the fact that they presented a plan they know they need outside approval and and if and if DB says you got to move the building 10 Fe then they're going have to come backless I mean they're they're going at risk I I think the alternate a alternate B kind of situation is I was just trying to say I guess that was my mindset yeah um I just want to check with Ian um do you can you weigh in on that for me as well whether you feel that's that alternate would be a suggestion or whether we leave it at their risk for the D uh yes I mean this happens quite frequently in you know very different types of applications um the D Outside Agency approval is something that they can't get away from um so the issue will resolve itself and if it doesn't then they have to come back to you with an alternative right do you consider that alternative that theyve suggested that's not sub it's not substantive is it it's it's reasonable it's a reasonable it is reasonable and you know I mean there's places with Grinders grinder pumps in their basements all over the the state so um these little booster pumps are common yeah okay then that's we're just raising it as a I appreciate it concern for you as gu um and oh no you answer my other question um okay so our professionals thank you um then the board anybody on the board have questions for this witness yeah um Eric where on if we go to the top of can go like the Google map of the put it is that's actually well that image is actually in the on the set so I don't have to refer to it it's in the set either either way where um where would be the net positive of 4% of lesson cious so we're going to have 4% like where where am I seeing this on there so here there's the grass there's trees you know there's all that where am I seeing a 4% positive reduction yeah reduction so this map is probably not the best to look at because you've got the canopy that's essentially covering a lot of the asphalt and gravel that's not shown here um what we have is the survey plan that this survey was done in the field by our office and it shows you the existing Birkhead Hardware St um appliance store that's shaded here the small building adjacent to it um this is the asphalt parking area down in here there's a concrete sale that's shown on the property this is a relatively large gravel area on site and then we've got more asphalt at the back of the property here uh there's a loading dock or what used to be I think the remnance of a loading dock another garage that's back here and then likewise we've got a asphalt driveway that goes in between these two buildings that's on the property so individually what we normally do is just tally up all of those various coverages and there the actual calculation and culation is provided on um this sheet that actually works so here we have uh the various coverage for the buildings pavement concrete gravel and what it adds up to a little over 22,000 Square ft and then to the right of that we've got what's being proposed after we raise everything that's currently on the property and that's about a little over 20,000 Square ft um you were mentioning about the reduction and water runoff um you know you know me with asking these questions how how is that explain me how that was calculated when you do a reduction in water runoff of this proposed plan how did you calculate that you help me out here to understand that no certainly so what we normally do is look at the the side of that currently exist which RSI permits we look at all of the various coverages so for instance when you're dealing with impropriate surfaces on pavement concrete roof areas virtually 100% of rain that falls on those surfaces will run up actually it's about 99% it runs right along um on gravel surfaces you have a slightly a little bit less that runs off but it's almost 100% it's probably about 94 95 96% depending on how compacted the gravel is so we take all of those various ground covers and we apply a multiplier or a factor to it which is directly related to the cover type lawn area for instance you apply it's a curve number which would be 74 for different type soil um and it gets a little bit more complicated in detail but essentially essentially we look at all of those different types of covers and we apply those factors to it based on the cover and this is all published information in rsis that everyone uses and based on those the multiplication and those factors it tells us okay for this property with all of the various agre aggregate covers under the existing condition based on the Storm event you can have X number cubic feet of runoff leaving the property and then based on that Peak rate of runoff and how long the storm event will last we can also calculate the volume that will leave the property and again picture if you have a site that's 100% paved or impervious basically everything runs off every drop of water default runs off if it's sand on the other extrem normally you don't see any runoff until you get to like the two-year storm and the above because pretty much the first couple inches of brain fall infiltrates into it for so we apply the same analysis to this property after it's going to be developed now the fact that we're going to have slightly less imper coverage in more perable area gives us an opportunity where you have more water that's going to infiltrate into the ground which is going to reduce the amount of bromo and that's directly proportional to the amount of improv coverage that we have in addition to that the green infrastructure which is the bio retention Basin that we have the way that pond is designed there's a planting mix that goes on the bottom of it which is a combination of sand and organic matter the organic matter can be a combination of top soil it can also be compost or some of some other type of organic matter that sand layer allows for Roma filtration so for instance storm water normally carries pollutants with it it'll carry dust particles um erodable material once it flows into the pond those particulat are going to get trapped within that the surface of that sand mix sand layer the way this system has been designed which is what's required by njp and rsis when you're infiltrating storm water which is the basic predicate for any green infrastructure you have to accomplish your storm water treatment by infiltration we're going to take a certain volume of R off and our particular case is going to be if I remember correctly approximately 12 inches so the bottom 12 in the first 12 Ines of water that flows into this Basin is not going to flow out of the Basin that's going to infiltrate back into the ground so that entire volume that 12 in over the roughly 1,600 square fet that we have at the bottom of the pond that's actually going to infiltrate back into the ground instead of running off the property which is what's happening currently so the green infrastructure provides additional infiltration which further reduces the volume of brono from the project so with the people on Bell Street would they benefit from this in since and I'm wording this where they're sweating on that street behind that property so I'm thinking I so could this help possible surrounding properties yes by virtue of this particular project is almost at the beginning or the headers at the string so by reducing the amount of runoff the peak rate of runoff the Stream along the back of those properties on bonell is going to see less of a peak flow so the lower that Peak rate of runoff the lower the flooding within that stream will be in addition to that by reducing the volume of water that's going towards that stream you're further going to reduce the amount of flooding that ERS of those property by removing that seventh unit and increasing the size of the detention Basin is that that a way of helping that sitation too absolutely no I'm all right can you possibly stop sharing come back to all the people Hannah do you have any questions for this witness on this testimony muted I yeah I got I figured it out um I just had I don't know if this is if this is for you just like what's the basic timeline of construction from breaking ground and like what phases what's the phase what would the phase kind of look like is there I mean that could be I yeah in the perfect world I guess right or so we need to get our outside governmental agency approvals but right is to build this all at once not in stages we're not asking okay that's it okay thanks um Dennis I had a couple questions one um and it's really for Beth um maybe I'm missing something on 3.2 the bulk requirements the minimum front yard the required is 25 ft the proposed is 11 but it says no variance and I'm sure I'm missing something uh I think there's definitely something missed but I'm not sure it's you let me pull out that or maybe Eric you want to show the S plans so I think the simple answer to that is the ordinance permits an average of the adjoining the front shorts of the adjoining one so we have one set of thank you I thought we'd address it go on now you go yeah go sorry so we have the dwelling to the west of us which is this long the frontmost part of that building is about 2.1 ft from the right of way line and then likewise we have the building to the east of us and that's about 19.9 ft so when you average those two the required F dra is 11 ft in to 25 ft answer your question Den yeah yes thank you um another question I don't know if it's for this wi is about trees is that for this witness if I have a question it can be um just a question I noticed in the diagram there are no trees on mine Street have you considered putting trees there so within the Landscaping plan we do have Street they're actually okay thank you I missed that um and then the the only other question first of all thanks for addressing the HPC comments really appreciate it um will someone go over the materials yes for the buildings okay thank you that's it for me right thanks um uh Mike do you have anything I'm good thank you you Melissa hi I have um two questions one I know we did have a lot of talk in all of the testimony tonight and also the previous meetings about the bio retention basins and maintenance access and all that my question is who exactly is responsible for the maintenance so this project is going to require a homeowners association and per the state rules and regulations that entity the HOA will have to maintain the buyer retention Bas it cannot be maintained by an individual property owner and then my second question I'm not sure if it's necessarily for this witness I going through all the documentation that was provided prior for this meeting I believe there had been a concern brought up in one of the October meetings regarding the residential unit that faces M Street in regards to the window dressings and I have not seen anything in the newer documentation I believe the concern was trying to get I'm not sure if this actually came from HPC maybe a consistent look for at least the outward facing the architectural okay then that's all I have for the moment thank you Melissa and then Don anything from you no I'm good thank you okay thank you so um then and are there any members of the public that have questions for the testimony that this witness game I don't see any online anybody in the room okay seeing none that whole discussion about storm water I'm the only lawyer in a family of Engineers and that's my Thanksgiving every talk about football comment earlier about engineers men and then you haven't seen my family Mr call you remain on your own from the last time and which would you like to pull up all the you want that one up first I mean I'm basically there weren't a lot of were exterior I can this or we can show the other okay this one that does have to be marked evidence okay I have the next one is A7 you please describe this for the board what it is this is new then we haven't seen this or did this come in just because some some of the things came in a little late again last minute was this one of the things is address the the HBC comments specifically that they had given us okay they had a couple of additional comments and and we wanted to address them to show the question about the materials and stuff so that's on so so this currently is only we're only seeing this here we don't have we didn't have this previous or is it on it's not the public don't have this right now I want the record to be clear too describe exhibit A7 for the board what it is so this shows two things it IT addresses um the question uh in the HPC about the color of the brick and being a consistent red brick that's as close as I could get in a rendering um as opposed to before where we had a mixture of Reds and Browns and things like that so that was to address that and then in the upper right hand corner it's hard to see but there's a list of the materials actually written on the project which is what the uh HBC had just just asked for so I I I can you know go through that if I could before you do that just for the record this was prepared by your office it has today's date it dated 48 2024 484 and is there a title on it or we'll justbe red brick front facade multiuse building so in the upper right hand corner of that um it it talks about what materials are used on the project um there's going to be a um brick veneer on the first floor so originally when we had proposed it was a meeting that we did not attend and we had changed our design at that point to have two stories of um of brick and the upper story to be a clock boo SED um the HBC had made some recommendations after that and we had made the changes accordingly so now this has one story of brick the brick goes around all four sides of the building um that is depicted in the in the full set of plans um so the in the list of the materials to Brick the near is a thin brick and it's a will be a consistent red color um the clapboard siding will be Hardy plank cement board uh it'll be a smooth uh finish and it'll be arctic white in color um the uh trim and the brackets that you see in the cornices and the cornices themselves will be made out of a composite material of ASAC or something similar and the color of that will be in white the canopies that are three of them across the front of the building and one in the rear over the um doors that go to the apartment um those are going to be metal with a metal standing seam roof and that unit will be black um the roofing on the building will be um poo Roofing it's a type of roofing and that'll be white as opposed to black and it helps with Energy Efficiency and things like that in in the um this the same material that are listed here will be used on both buildings as shown in the full sell rends um so wherever there's a basically in in the whole set of renderings wherever there is a a multicolored brick we would be substituting in the red brick that you see here okay so um there was a question by Miss swingle with respect to the the windows facing the residences um we talked about the how we adjusted the windows from the prior meeting in the front and the back both okay um so in in the front of the building um a couple of things that happened the the um HBC had some comment about the of the windows and and as such in the commercial spaces so one of the things that we did is we in the original plans we had individual windows with trim around them and in this grouping here we actually grouped the windows together and we made um the ones that are in in the intermediaries between the center and the ends we made those larger so it gives the appearance because we're putting two sets of windows together to to that we have one um you know a more cohesive kind of setup for what the windows are um in the original original plan we actually had um sliding glass do that stuff's all been taken out and we have a situation where we have um a single window on the ends of each side of the building it still has a symmetry to it and then there's a the middle is single windows and the ones on the intermediate on the second and third floor are um they're closer together but everything has an individual window um in the there was some question also about the rear of the building and the rear of the building is a little bit tricky the size of this building isn't all that deep and the stairwell that's required in there you know is is somewhat large so a good portion of the rear of the building um I know if we put and this set is what was submitted to the board so it doesn't have to be Mar so when when you look at this on in in this drawing here you you have the windows in the rear so the way this the the floor plan was designed you know uh the bedrooms the living areas they all face the front and generally on the sides of the building and they have larger Windows to accommodate what that is um in this building the rear of the building on both of the upper floors has bathrooms and and kitens and and some utility space in there so it has limited space to put um Windows of any size in there otherwise it's going to conflict with other things that are in the rooms so what I did is I lined up the windows that we could on the left and on the right so that what's on the second floor and the second the third floor line up with each other in the center we have larger windows and basically on the first floor that's the entrance to the apartments in the back and then the second and third floor vules that go into each of the apartments and that has the double windows that are that shown in there there's a large area to the left of the double windows that's where the stairwell is and that stairwell is fire rated and I I even at one point tried to put Windows into it it would it's kind of a nightmare to do technically but even then the problem is the way the stairs are designed they wouldn't line up they'd be at to half level down so they wouldn't they didn't look right so I didn't I just thought it was better to leave it that way um one of the things that we address too is we put the print all the way around the building and iect all the details except for the corners go all the way around the building the corners is not on the back of the building because the roofing is a single slow Roofing and it comes out the back and then you have the gutter that goes along that wall um to take that Rin away so so our original plan didn't have the brick going all the way around the back of the building but we revised it to include the brick all the way around corre correct and in this particular picture you would see it on the elevations and St but in this particular picture the truck is hiding the canopy that is also there that's over the doors that go to the apartments I think we've addressed everything on the architecture unless there's something else we want to discuss question professionals comments questions question and I'm sorry I feel like this might have been testified too so maybe you can refresh my memory can you remind me where mechanical equipment is supposed to be located the mechanical equipment the condensers and things like that are in on the roof in the center of the building so they're not near the edges and we anticipate to have one for each space so it would be six in total matter of fact if we look at one of the overview drawings you would see them you can see it here so in the center of that building you can see where those would be the Mechanicals on the six unit building in the back are actually um not on the roof they're on the uh for for the okay so just the just multi uh uh the multi building will have rooftop mechanical and I is it your testimony that they will not be visible from mind street and surrounding streets so the question there is from what distance right so that you know so it would you have there's going to be a a two foot plus uh a minimum power piit going around and units are about three foot so if you were at the base of the building you're not seeing it if you were next door you're not going to see it I did some quick calculations and you'd have to be about 400 feet away from the building before you would start to see the tops of that so well the residences to the rear not your town but the single families will they do it from their properties I would think that where it is the building uh the multi family building blocking it the town housee buildings will be block is that me yes are you proposing screening at all on we we can provide some screening of those the the six mechanical absolutely yeah that's a good idea I appreciate the the height of the building and I think as you're close to the building I agree they're not going to be visible but I don't want I don't want the residences to the rear we're happy to provide some screening condition of approval to that to your satisfaction on that point you you testified that the roof is sloping what's the what's what's the right slope because and what's the access for maintenance how are they how are people accessing those condens so they so the pitch on that roof would be somewhere between an eighth of an inch and a quarter inch per foot um added the stairwell there would be a hatch it's not shown here right but there would be a hatch there and a ladder that would go up for that I mean if they had to change those units are because this is a heat pump system those units are generally smaller than a regular condenser would be um if something like that had to be done it would how would be brought up there would probably be on the small crame you justify there was a paret on three front on the front and on the sides of that building the front facing M Street right is all buildings is there a powerit on the par side of the front building on the on the back side of the multi-use building was par no that's where the gutter is it that's the single slope going down the same thing applies on the multif family building the back of that building has no parit as well and that's where the gutters are for that you need that for storm water purpos yeah I know I'm just thinking if if people are accessing from the stairwell to fix those you don't have a safety my I don't it that's important usually in those cases somebody they will bring temporary railings and things across those areas there's places where you don't have any straight off in some way sh if there's we we can put safety screening as part of if there screen that would allow for the blocking of some stop some walk comess we also have on the the multi family building the condensers are on the patios and each patio has a um board on board fence that's a privacy fence between them so there's separation of no but you would only see what's on your own thank you sorry to interrupt anybody any of other professionals witness no any of the board um J I don't have any questions thank you no anybody any of our board online I can't see you all so I'll have to it's Dennis um is there a diagram that shows the Landscaping I I can't find the one that was shown on the screen is can which exhibit has the Landscaping that shows the trees on mine Street I can't find that one which exhibit is that the engineering set of PL yeah we again we received some last minute plans okay thank you I know confusing um yes please yes so Dennis did you find it or are you is I'm good thank you done um have any this winess uh I'm good thank you thanks Melissa um yeah just to follow up on windows thank you for the expanation regarding to the window placement and size I was actually referring to um a comment that was made in October regarding the actual window dressings like blinds or Shades since it is facing a thoroughfare within the burrow we were looking for some sort of consistency or at least whoever made the comment in October was and I know there's been developments where they've had built into the architectural plans like automatic Shades or blinds would that be something possibly worth considering just to have a consistent clean look on that mind Street facing residential EV having a little difficulty understanding but are you saying something about putting like blinds on the interior correct I I'm I'm not really familiar with that before quite honestly of a way of telling tenant that they have to have a certain window treatment um you know we we can control what it appears from the outside externally but um I I I'm not I don't know if the boards professionals have anything that they suggested but I'm not familiar with a way of doing that I've seen in some buildings sure usually provide roll of Lin so they're all consistent and rather than having one lime green one for instance that I had back in October was that the windows will be consistent as when I was listing potential conditions windows will be consistent as recommended by the HPC but I think that I I don't think that was in to the I think the is talking about uh the individual unit decorations what we can do is we can um the suggestion was have a slight tint to the windows that's consistent throughout why don't uh oh I'm get I'm getting a no on that one uh a couple things one I would encourage the B the board to think about whether or not you want to try to regulate the style choices of your tenants and units I think that is has the potential for steing that said if the board is concerned about the issue they could uh I would suggest rather than putting conditions about what they shall look like it would the board might want to consider a condition that requires uh Shades or blinds be installed on the front facing or the the M Street facing upper story windows so at least that the tenants if they want to pull down the shade or the blind they they can do so and that would be consistent and that would still allow them to hang you know their purple curtains or whatever they might like so they can see them from the inside of the units yeah but I think to your point um I think Melissa was Raising it because um my member of the public raised it at one of the hearings so maybe I'll ask the board to think about that when we have our discussion how strongly we feel about proposing that kind of thing it's it's verging on overreach and then also how do we enforce it in any case and what what what is there so let's think about that discuss whether we feel I sh that concern about trying to uh to tell tenant that they their design choices are inappropriate in consistent with the board resolution I think there's a lighter touch if the board something I'm just kind of throwing that out there that's not directing choices but directing it covering possibly these are going to be rentals yes so possibly in the lease requiring a covering on the Windows facing M Street something just thinking a little bit but something along and again it seems like people want to have open Windows why we don't impose that on any other residential throwing out you know the other thing that consider here is that you know the relief that were reting is a use VAR is to allow residential on the first floor in the back building and residential is a permitted use that front building is completely deined and and you know we you can tell that we are really trying to work with the board on all these issues and style and materials and everything but you know what what it looks like on the inside is a little bit difficult for us to people let the board think about it we can discuss it in our discussion the testimony um so is that everything this public is anybody from the public for this witness any questions for this witness in testimon see none you're free thank now you want to keep going well yeah you think we'll yeah yeah we usually break at 9 this be able to give testimony then we can either try and get questions in before n or do the questions after see how it go let's let's try and see how we can do this we have Mr here and I don't don't think so Mr BL are you will testimony you're about to give this even this evening the truth the whole Tru yes and can you please give the board the benefit of your qualifications as a professional CL absolutely uh Daniel BL B for the record with col engineering and design I licensed professional planner in the state of New Jersey certified by the American Institute of certified planners uh testified before over 100 planning and zoning boards across New Jersey and I believe I testified before this board I offer Mr Block as an expert in the field of professional planning any objections please wanted to give the board the benefit of your analysis with this site this proposal and how it supports with the for M plan and on absolutely so uh we all know the site is located in the db2 the downtown business Zone in Flemington Lo located on mine Street Central AV um The db2 Zone permits a variety of retail service and office uses with Apartments being permitted on the upper floors of mixed use buildings um ground floor units are not permitted in the db2 Zone under the current ordinance so we are requesting use variance approval for the rear building residential only with no commercial use on the on the lower um so we need to uh provide justification for that D variance the D1 use variance showing the positive and negative criteria um so in terms of positive criteria you we have to show that there's special reasons that the site is particularly suitable for this particular use that's being proposed I believe we have uh a very strong argument here the site is about 3/4 of an acre it's almost five times larger than the minimum lot area required in the zone so in in order to really full fully utilize the site it makes sense to have two buildings um having one mixed use building just in the front you're really underutilizing the back portion of the city requiring an applicant to be build commercial on the first floor of the rear building really you'd end up with bacing stores there's no visibility from the street so I think what we're proposing here makes a lot of sense um it is um consistent what the um master plan of the municipality so I think what we have here makes a lot of sense we're providing unique a unique opportunity for a variety of housing choices that you may not have in other parts of the burrow so to provide those townhouse type units along with the apartments I think you're getting a good mix of uh of residential units so my opinion meet um purpose a of Municipal land use law we are providing um a public benefit to provide a u housing here we are are also meeting purpose B of the municipal enage law which provide secure safety from fire flood panic and other natural or disasters you heard from the engineers testimony that the project is going to improve the throne Bo R off not only on the existing conditions of the site but the surrounding neighborhood because of the uh the improvements that are being proposed in the right ways purposes e um is to promote the establishment of a appropriate population density and concent that will contribute to the wellbeing of the neighborhood and purpose G is to provide sufficient space and appropriate location for a variety of uses according to their respective environmental requirements I believe we're meeting both of those um purposes we're providing the town houses in the back we'll provide a variety of housing options along with the apartments above and uh it says that the rear building really is not suitable for commercial type uses just because of the lack of visibility and putting those commercial uses closer to the residents in the rear would really be undesirable um and then purpose I is to promote the desirable visual environment through creative development techniques and good City design I believe we are doing that here we are complying with the hbc's requirements recommendations we're meeting all of the bulk requirements for the Zone there's no uh F variances requested with this application currently you're going to get a nice looking building um consistent with the hist character of your and then uh purpose J is to promote the conservation of the historic site and historic district again I think we we're being consistent with the historic character so I think we're also achieving that purpose in terms of the negative criteria we have to show that there's no substantial detriment to the public good um and really what we're looking at is whether there's going to be a substantial damage to the character of the neighborhood by what's being proposed um from the street Frontage you really won't see too much of that back building um from neighboring properties it's it's going to be um it's going to fit in it's not going to look like it stands out um it's going to be designed consistent you saw the architectural drawings it will it will look like it fits in with the with the character of the neighborhood um so to that extent I believe we are needing the that first problem with the negative criteria uh the second problem with the negative criteria is that there's no substantial detriment to the Zone plan or the ordinance um and as Mr gromberg mentioned at the start of the hearing the master the 2022 master plan does specifically address the issues that were being proposed tonight um and we did read that into the record U that excerpt from the master plan that talks about how the DB Zone uh regulation should be amended to provide more flexibility for ground floor Apartments um which is what we're proposing here we still have a mixed use building the front I think that achieves the vision and the goals of the DB Zone and allowing for the uh town houses in rear we'll just be some more Bill housing in the back um the purpose of the db2 Zone which is Ed is to provide for mixed uses in traditional business and governmental Center of the burrow which is a transitional area between the downtown business Zone and the village Artisan shopping Zone um so I think we're we're achieving and we're consistent with that purpose to provide mix of uses um and also to provide some additional residency um the 2022 master plan did go through and look at the bur wide goals and I think there are some that are relevant to this application uh which is to employ strategies to encourage community and economic development within the buau so we're redeveloping a vacant site going to provide a new mix of uses the second goal is to integrate the residential and Commercial segments of clington bur to benefit the entire community and thirdly is to concentrate retail service and entertainment uses which best contribute to creating a virant downtown that will draw residents and visitors alike to the retail portion of the Main Street um in the downtown business one and two zones and nearby surrounding properties so I think we're achieving that we are providing some commercial uses that will withraw the uh through all the commercial um Shoppers into the area we'll provide a space for the attendants to you know shopping or or use those facilities doesn't this provide a really good mix uh and and a link to stangle Road and the and the retail that goes on in stangle Road um is isn't having a mix of residential and commercial on this property fit in well with what the burough is trying to do on that area yes I believe it absolutely does so you're still getting that nice walkable Frontage with the shopping uh store windows but you're also getting an increase in in the residential density where people that live on the site can walk down stangle Road they can walk to other parts of town and Shop in those areas so you're you're achieving what your goal is on both Sid fair to say that the the master plan um that was recently adopted in 2022 for the downtown business districts actually recognized that buildings facing a roadway should have commercial on the first floor with the residential above but that if a building's not facing the uh a road way that consideration should be given to allowing residential on the first floor under those circumstances yes that is absolutely correct and I can read what it said again just for the record first floor residential uses in the downtown are appropriate where they do not disrupt first floor active commercial uses as such first floor residential uses may be appropriate where they do not face a public Street or where the unit occupies a minimal area to accommodate the residential entrance so we're still have that continuous commercial hertage we're not interfering with that at all the residentials on the first floor is really going to be enough and by the design that Mr Kyle testified to with the improvements that we made to this from an architectural standpoint and making the back Building look consistent with the front building does that provide a benefit from an aesthetic stand absolutely yeah both both buildings will be designed consistent so achieving the positive criteria and uh is being consistent with the goals of the master this is one of those situations on the use variance that we're actually proposing something that is that is specifically delineated in the master plan as being something that should be considered that's correct yeah so the master plan being adopted by this board um you know a year and a half ago recommended that this be adopted into the ordinance and unfortunately that hasn't happened yet and I'm not sure exactly why but times government government moves slowly to act on recommendations so I haven't seen anything that the governing body specifically didn't want this they just haven't acted on adopting the ordinance to make these changes yet so and and in the master plan there actually a picture of this property as being identified as vacant business space exactly correct so um to the extent that we we need to show and in quality of proof under the medich standard I believe we do meet that standard here um we are specifically following the recommendations of of the master plan just hasn't been adopted into the ordinance yet anything else so U that's it um I can summarize just by saying I believe that this variant can be granted um because societ is particularly well suited for this proposed use the proposed use is consistent with many of the goals and objectives expressed the master plan there's no substantial detriment to the public no substantial detriment to the Z plan ordinance U and implies 100% with the F requirements public one other thing that in terms of benefits for the public not just for storm water but the sewer line improvements of 250 ft and not just for this site but um as requested by water and sewer department that provide a public benefit that will also provide a public benefit to this nothing else watch thank [Music] you window my concerns have been addressed VAR address the the only variant now variants I had one for you regarding our when we suggested that I thought the living above a commercial mut when we kind of introduced that as a possibility Within These zones I thought we were kind of thinking of where there was a current commercial use and then somebody could use the top part of the house type situation to live in whereas in this situation it's being used to create a building that's two stories above is that consistent in the way that we were thinking or in the certainly is it consistent within the way that we wrote it you I think it's consistent um you know the building doesn't require height bearings and it's certainly very typical for uh the first floor and it makes us like this for the first floor to be the only floor that has a commercial use in the stories to be uh to be residential uses if you think about uh other non-residential uses that that we might we might want to associate with other stories I I think they can be pretty difficult in today's market so um in some places you might see opposes on the second story but I think that's that's a pretty difficult Prospect I think maybe I was coming at it with more having two levels of residential above it as opposed to just one where it's like a living some living in that sense it was like an Artis idea that we were were talking about that we had that discussion regard to the B right um yeah so and that's a little bit different we were talking we were contemplating the the prospect of having somebody that lives above uh that's associated with the first Flor use right here I would say this is just a traditional mixed use Building located along my street with independent commercial uses and independent apartment that must be what was in my mind I would I would point out that that's not even the relief that were required because honestly that's what's what's permitted is to have a commercial on the first floor and residential on any of floors above so your zoning ordinance and master plan see that's a permitted use yeah I appreciate that I just trying to reference back to a conversation this board have had about let's just refresh my memory um okay other members no no other professional questions for this witness then all right let's go to our board members online first this time um Hannah you have anything no Dennis good Don no I'm good Melissa I'm good no questions thank you thank you question okay thank you MERS of public any members of the public have questions for this witness I don't see any online nobody in the room okay thank you would this be an appropriate term for us to take our break a little you have another witness I have no other witness you have no other Witnesses well let's take a few minutes break and then Clos I've written that down I just thinking about wor got let's have our break okay we have our break let's do it till 9:00 [Music] then one of the RO pleas Mr here GI here here whitesman here Mr Sino here M swingle here Mr E hereo can you just confirm your there here M here engineer Ian Hill M mcmanis here Mr here all right thank you so you need to open it up to the public to give any M all right can we motion open open comment right anybody member of the public either online please raise your hand on the raise function or in the room have any comments on this whole application we do have the attendees oh there is a hand talk yeah okay so Brian and Robin shown on here you have your hand raised yeah good good evening um I just wanted to double check what the material of the fencing the perimeter fencing is going to be yeah we don't know yeah can you state your name and address please sure it's Brian beckenbaugh 22 benell street it's solid wood stagger I talk to Bri Stagg stagger staggered wood gonna be staggered and clipped at the top they called a dog okay we identify you for the record no steeve can just say it's G to be a staggered wood fence and dog geared at the top that is and very attrative very attractive is it going to be left wood or pain it's gonna be stained it's gonna be St we will incorporate a detail of that fence on the and we will incorporate a detail of that fence on the plants that's your condition you is that is that is that answer your question you have any other questions no I'm I'm all set thanks a lot thank you for being patient and any questions true all right um so see no others motion to close public he all in favor can we do it that way or do we need a roll call do all in favor to close the public session I I thank you anyone opposed oh is anybody opposed to closing the public session hearing that um okay board discussion no we need a motion I need I need very quickly um it's a pleasure to represent Mr babby because um he's one of those developers who make my job a little bit easier because he's very willing to work with the board to come up with the best project and that's what we've really tried to do here um from where we started we came up with the plan that we liked um there were some concerns raised by the board and the HPC with respect to some of the architectural features um we went back to the drawing board and came up with a a very attractive building that I think the HBC even likes and it's more in keeping with the historic nature of of the burough of Flemington in this area um we could tell that there was concerns from the neighborhood with respect to the seventh unit and it being so close to the rear yard we eliminated one unit which is a big deal for a developer to remove a unit that he was hoping to develop and we pulled it everything back and came up with a better plan that your own traffic engineer said by doing that we freed things up to make the access through the site much better we eliminated a variance and we came up with a plan that all we need is a D1 variance that is consistent with the recommendations of your master plan and even has a picture of our Lo building there so I I think we've done everything that we could to work with the board and address the concerns of the public on this application um I think it's a very good project for uh Flemington it melds in well with stangel Road and the uses there it's going to be attractive it's much better than what's been there that's a vacant building um with a lot of concrete pavement and nothing else on it so we would ask that you grant uh our application for use vars approval subject to the conditions that we've all agreed to and preliminary and final SE approval before you vote before you deliberate if there are any concerns about this application or anything that you think that the applicant hadn't addressed we invite you to ask us to present that testimony for you um because you know we spent a lot of time a lot of effort and a lot of his money bringing this application before you so we we don't want we want to meet all of your questions okay so um to the board do we need to discuss before we have a motion or does somebody have a motion they want to raise now it's better to make a motions okay so I will move to Grand prary Final and the devarian subject to conditions okay so let me go back so now we did have a number of different hearings on this so I'm going to go through the conditions that I identified some of them may have been deemed unnecessary based upon changes to plan so jump out if I missing something um the onm manual with regard to the Basin must be recorded and a copy of that draft report a document provided to the board's Professionals for while that's going on you want to put next thinking [Music] that both first floor units in the front building will be compliant commercial spaces um and guessing that that just really related to proposed uses of those commercial spaces um the HOA docs any condo do must be submitted for appr review and approval by the board's professionals um we do not need a subdivision I lighting as built study shall be provided to confirm the intensity and foot candles no foundation of the pole mounted lights will be exposed um truck turning templates as per Bob's comments are clear the trash area I'm assuming that's been um no loading for for certain time in the area adjacent to the first condo unit now that's been relocated um I don't know if the board has any reason to impose time limits on that so I think that's probably issue no I think it got resolved by the production and the stuff that J was talking about earlier today about terms saw just looked at some um the applicant will utilize a private caller for trash recycling pickup and can schedule pickups accordingly um no stopping or standing in the driveway access area title 39 jurisdiction they testify to um I had the increase the size of buer retention facing the satisfaction of the board engineer we've increased that he's reviewed that that's been satisfactory obviously one of the conditions are going to comply with within professional report PC as well as um the water in sewer to the extent not changed by any condition of the resolution all necessary uh governing by approvals of any offsite improvements if any any necessary third party uh agency approvals um storm water management easement access easement across Lot 21 to be dedicated to the burrow if we still need that okay um cannot exceed any fence cannot exceed the maximum height permitted um even with the addition to fill we have a six foot we don't have a six foot fence within any required front yard that go away um approvals uh revisions to the plans if any other structure required on site or plan amendments required by the power company um so again I'm sorry so yeah so um there was I guess we may need some approvals from uh the utility companies and if there's any changes to the plans that may result from that approval obviously you come back here same thing as with de right but I think that the testimony that Mr rub gave earlier today about underground electric and I think that was getting at the issues that were raised on the the other structures required as a result a question of we couldn't find the locations because of the other buildings and I think Mr clero was really adamant about wait a minute you can't have electric over here water over here how is it all going to fit together but I did not hear that at all did not read that at all Mr okay is why I think that might have actually been resolved okay so I'll just put to the extent necessary just Bob's not here and we are going to indicate that um the changes to storm water management are satisfactory again to the extent that uh the comments within Bob's report are addressed sorry uh no parking directly in front of the property Frontage to to conflict with any line of site issues spots were removed um Landscaping in rear yard area the satisfaction for professionals are we okay the landscaping or no I don't know that we need a separate condition because my report includes comments regarding the Landscaping got so if we incorporate those um we got DP um the lighting will be shielded to the extent necessary to comply with illumination and um trespass requirements just the fence so it's not to disturb the Roof Systems and mature trees of adjacent properties where the fence is proposed is satisfactory and does not I don't think that's a problem anymore I mean it's the side with parking then the fence is right on the property L talking about on the east side on yes yes the East Side property it's quite typ oh yes I see whe whether that affects any of the remember thinking um the next meing plans must be revised to depict the concrete patio at grade off of the sliding doors the six fo high and six fo long probably fence the plans been already revised to address those issues okay um and the 6 to 10t deck over concrete patio no stairs between them so all that's been um same materials and colors as the front building we heard testimonies to that tonight uh unit numbers as directed by the B tax office um we already changed the windows which are consist as recommended by the HPC um do deviations on mixed use building the satisfaction the board planner I think we've addressed that by way of changes the front we addressed remove the two peaks at the end of the mixed use building the windows in the rear will be consistent with the style double hung and mutton bars has that been changed yeah t AR we get to tonight's meeting talked about compliance with all reports um just any issues with the Fire official regarding access and circulation of the fire apparatus way do T permit talked about the release um talked about the amended s plan approval again we incorporate that with any utility issues as well as DP um I did put this one in myself and I don't know if it's an issue um we did talk about the four Street trees on the front of the property um just to make sure that they're located in places that don't interfere with line of site and that they'll be be maintained but they don't affect that um HOA responsible for maintenance Bas we have that already screening of rooftop Mechanicals to the board professional satisfaction and provide details on the plans um tell me if I'm getting this right a safety paret to en uh for anyone accessing roof to address compressors and mechanical equipment is the right term I don't think it's a par I safety screening SC yeah but screen safety screening or wasn't there a safety for someone that goes up there to access item I've got the screening on there but well there was something we talked about where we said that if somebody was going to go on and do the roof a lot of times they bring that themselves we're not doing it on a full time because nobody's up there we agreed to have this screening of mechanic I've got that yeah which which would provide a a barrier to keep okay somebody was it is there roof access from the stairwell if you if you you have the door open to the side we don't want to fall over then it stops and actually physically get access something like that provides a notification I don't know prents them provides they're less likely to um the fence adjacent to the property on Vel Street will be solid staggered wood fence and dog eared at the top detail will be provided on the plans and then there's just the window in the front covering so I will reiterate my motion to grant the lunary final D variant and the minor rsis relief subject to all those conditions but I don't want a condition about the window out there you want to fight I'm not I don't think it's our place to regulate for right does anybody on the board feel like from Melissa's comment that we should be regul it's a slippery slope I'd love to be able to tell my neighbors what to put in their Windows uh no but I mean it's at this point I do think it is an over feels a little weird even though I mean you could just say put blinds in all the windows and everybody would have the same blinds Sur renal unit it has been done before for not and we only spoke about it in we have spoken about it as a board in other properties where the windows were very large well that's what I'm saying like we made we we talked about it in a recent application when it was an architectural element of wall of cealing glass and we were concerned about the Privacy aspect these are typically sized typically placed exactly where you'd expect the windows and I don't think anyone's going to be renting that place they're going to go put up some lines like my thought on it as well is even if we do put it in who's who's going to who's going to or Happ we don't have anybody go that's my that's my motion second second all right so does anybody I do have a clarification that I just feel the parking and this yoga thing that was mentioned in the report so given that um we've had other applications where we've had some of these come back to have um have something adjusted for a use I want to make sure so when we're saying it's not going to be a yoga space and and we said I think in the specific was that we were going to keep it to allowable uses in that zone allowable commercial use but is is Yoga not an allowable use currently it it has a recreational parking requirement that would be higher than a generic commercial right T so that if somebody wants to come in with a recreation a permitted recreational use it would change the partment culation that's what I understand Bob be bringing up that's when I worry for the future that if then they what if they have a situation where the only Talent they can find for that space is a is a recreational use not commercial use then we don't there's not enough parking in the and the lot for that you so are we going to say you could not have any recreational uses in the buildings or are I think that even if the board grants an approval that permits permitted uses that approval does not automatically need that the applicant is entitled to parking relief so if they're proposing a use that is permitted in the district but the the result of that use plus the other uses on the property the residential the the cafe is that the site can't provide adequate parking can't meet the parking ordinance there to come back here for a parking variance from us so by saying you can have any permitted use it just indicates that they can utilize the DB district for uh for occupancy purpose but it does not make a finding about parking unless we're unless we're specifically stating uh you know no parking relief shall be granted or uh no use shall require parking relief something along those lines [Music] just trying to avoid in the future when they come with a request and then it's you know yeah no no it's it's a good point and and they know what the parking requirement is for the uses and so if they were to be in a situation like you're describing and the tenants were to be like look we want to put in a dental clinic like something that's got a much higher parking requirement right um they're going to have to come in and get a variance like that's just going to be what it is like that's the question I was asking because if that's is that because that's not permitted use in this zone so there are let me just run through some of the perties in the district I think that's part of what the question is um I'm not going to read all of them because they're 42 but it is generally uh so apartments on the second floor um it's a variety of retail uses ranging from a hardware store to um a bakery um um appil store holding store Etc it's also offices for finance real estate Etc uh portrait studio Legal Services repair a variety of personal services uh things that I would classify as personal service like a travel agency um yeah all of all of those uses you're saying have this lower requirement that we're currently in is no I'm saying all of those uses are permitted in the district right a lot of the uses even though there are 42 of them I would say I don't know 30 of them are forms of retail and they all have the same paring requirment but the office use for example that's going to have a different paring and so by giving them access by simply not requiring them to come back and amend the resolution for a new use you're saying you're allowed to do these uses but there's no there's no inherent or implication that they're allowed relief from the parking requirements without coming back to the board to make that request I'm just yeah I'm just trying to work at how we word that to make that clear I don't think we need to word it to I my opinion is I don't think we need to word because I think that we that they know that there was a 4 list of 42 permitted uses and if 30 of them are generally retail and the the the parking is adequate on site to meet that use they're going to smart about it they're going to try to find one of those 30 for tency they're not going to try they're not going to go after something like I don't know maybe the bakery got not only the bakery got a higher I don't I'm trying to like what's one on that list restaurants might be two restaurants might yeah something like that like another bread and culture were to go in or something like that it's conceivable that that would have a let me let me ask this you're not asking for a park variant correct if the condition read that any permitted use is permitted on the first floor of the front building provided that it's compliant with the parking that's provided on site and by the site because the concern is that you don't have any anything to pull back on so they conceivably whether they would or not could and we don't have anything to put some teeth into that's what I wanted a little bit understood that although other uses are permitted in that zone you we don't have Park in our site for us to be able to grab that relief in the future we're okay with that condition as long as there's an ability to for anybody to come in for a variant we could certainly couldn't restrict that yeah but yeah we're okay with that yeah okay I just wanted to in the thing so that clearly the intent we just can't imagine who might be defendant yeah it might be a barber shop it might be piercing place or a tattoo place you never know who knows could the only one that like jumped out me that wantes anybody else have any um clarification things want add in as um conditions thank you um on the board anybody on online want to indicate to me or Mike you have anything no I'm good thank you I'm good you everybody else shook their head online yeah Karen can we each just make some comment I mean even if it's um you know I agree with what you know the chair said whatever but we each just make some sort of comment as to you know the application and support for your vote basically okay yeah I didn't think we're up to that point yet specifically asked if there was anything to add for the conditions or you trying try to make the conditions the right conditions I'm sorry I you did jump said that ready for sure sure I mean when you think of applications that we have in front of us or you just over the tenure of that age uh very rarely do we have one that starts with you know members of the public not liking what they see HBC not liking what they see people saying it's it's going to flood my yard and so on and so forth and all that and now again people have asked hey what's going on with that property well this is what's been going on with that property they they worked out with their neighbors theyve worked out with with just about everything and not to say that you set precedence by you know improving our own infrastructure along mind Street which this applicant really doesn't have to do I think it's a it's a it's an olive branch gesture at best but you know when you have this application started here you know I'm making a a blind sand and ended here where there's not many there's nobody in the public there's nobody here there's one person I'm sorry online um so I think that basically you know what we're getting is what's better than what's there now which is a flooded yards um you know and and a very underutilized site and when you think of the master plan that calls for it's not residential on the first floor everywhere it's residential on the first floor where it's really not seen so it's behind because if you think of that site if you were to reimagine that site as something different right um oh you know what we we'd all love to see that whole site go away and be a Trader Joe okay there's not going to be parking for that the amount of people coming in and out I almost like this PR um meaning a higher use a higher you know something that's going to require more cars up and down M Street this is six units in the back of of what's already allowed front so I commend the applicant for that I mean they must have had meetings and fun meetings with every possible stakeholder if they're down to the type of f so I wish all of our applicants went went to this level of detail com yes I mean kind of just um this is new for me this application so I'm just kind of processing and digesting it um you know I've been in Fr for my entire life and you know I'm just kind of uh digesting this is it's always been burets you know and it's always been something that I've seen blowing up as a kid um I'm kind of just I really don't know not happy or sad you know it's it's not anything of that nature but um this is something that you I'm just here to digest I really don't have much of a I want to provide a good or bad just more I think we um have taken the time to press the applicant on the things that were items of concern to us including fact that discussion on extra parking or what could happen in the future and I think the answers that have been given on the proposed conditions are going to so I've actually saw this before you about public because we had a we had a kind of a technical review subcommittee years ago on Zoom call I think it was like me and Bob and Beth and the owner and I don't remember if there was another board member there was a was a was an early on conversation and the original the original idea was not was way too much and then what came in here you know the build on what Todd said was was was was definitely a step on Direction so I'm glad to see the progress and I'm very happy to see where it's landed um I think that the testimony given in terms of meeting the requirements for the D1 variant have been satisfied that we've got adequate um we've certainly got benefits out you know that are to the Bur and to the plan I think this is as others have said the kind of thing we wanted to see happen we're talking about these kinds of adjustments to the master plan um for First Look you know appropriate places where first level uh residential makes sense um we've got these long narrow Lots in town and so trying to find ways to creatively use them and to have provide you know we need housing like so I think anything that housing units is always a good thing where where where it fits and where it makes sense and uh I did have concerns about seven units and the original design of the bio um Bas detention system for sorm water that have since been fixed so um that that definitely helps go along with so I'm I'm I'm unhappy with what bues we're gonna go to our online members Hannah can [Music] you I mean I'm happy theyve put in it seem or I mean it shows that they've put in um a great deal of work and from the last meeting and everything so I really appreciate that and I would just kind of um agree with both Todd and and every what everyone else has been saying and that um you know it's a good creative use um because it is kind of an interesting kind of layout area um but yeah I mean they make it hard to say no a little bit at this point because they really have put in some work so that's what I gota say thanks Dennis just want to once again thank uh the applicant for um respecting the HPC comments both times and I think the end result is really nice it's going to fit in well with the burrow so I'm good thank you thank you um next on my screen is down um no just thank the applicant for all their hard work and um um accommodating all the um suggestions Melissa um you know this is like uh Brian said this is a newer application to me um it's clearly obvious that the applicant and dat a lot of work back and forth with everyone you know I definitely appreciate that I don't necessarily agree it's what the burrow needs but lost you a little bitor what was the last thing you heard sorry um you said you didn't necessarily agree that it was the right thing for the go right I mean but again you know the applicant is basing their application off what I believe is a floored master plan but that's my personal opinion so that's all I've got okay thank you and then m no no comment thank you okay thank you um then I guess I'm the last one bu myself up now um I I I take everybody else's points um I think everybody's made some good points about how much work the applicant has put I know this application seems like it's been here forever and I know Jeff has been involved with it obviously longer on Lev um we certainly gone through several iterations of of the project and um it does seem that everybody's comments have been um taken into account I in in the future with developments like this I one of my BG Bears on this has been that we we deemed it complete and then um we have it's been through three iterations um I'd like to just not just you but say to all development that I'd rather get it right the first time you know like we can learn from this of what what have been the issues that that the public have raised and professionals MERS have raised that's a general statement as well not necessarily just to um yeah we can all agree or disagree on whether how much new housing we do need in the buau but certainly this um this project has listened to most everybody's concerns and comments and I can certainly come to that so um I thank you for that does everybody um then I guess we ready to vote first we have a second we have we have seven members that are voting yeah um and everybody's ready who's the one who's not voting just so that they don't get called so they so one that is not voting would be uh Miss swingle and Mr eeko and Mr show yeah we we've got M yeah we have seven members members everyone all the full members are voting the have to vote you don't have seven yes it is that's why I asked before we started because I was thinking we didn't have enough and I wanted to be sure which alternates we might be using yeah we're good with all full members okay all right so I um given the motion we have to vote it's the RO sure Mr Dasha yes Mr Hill yes Mr Campion no M giin yes Mr cook yes Miss whitesman yeso no 5 thank you very much so resolution will follow thank you all very much thank you to the board Professionals for your review I took it this than you good night [Music] everyone just um okay item 10 chair I need to to Che that I know I'm sorry youed so I don't have anything long night again let's just go to the um unless anybody El anything want ra I had one thing I'm sorry this happened earlier today and and only because you said something about Facebook and paper remember there was this and I'm sorry I'm just gonna there was a post on one of these like yeah Facebook pages about a person who called the planning board and their Facebook name is Josh will I don't know if that's their real name I'm just gonna that's you don't know you could be anybody online um and related an experience that did not seem consistent with what I know E's professionalism is so I'm I just want to like I wanted to have an opportunity to like ask what the what was I thank you for raising it within five minutes of seeing it myself I called eile and you're exactly right the situation was not as described I've got to be careful I'm watching car's face um but we talk spoke as well we have a plan we have a plan okay it's related to something that's occurring that we can't yet can well yeah I think we could certainly talk General I mean talk General situations and and jump in I mean situations do you know happen I's very knowledgeable and they call and they want to find out what's going on but sometimes they also don't necessarily like what she has to say or lack thereof or that goes FR um I certainly don't want her to be put in that position not that anyone's know list in the meain but you know I don't really care what we say so it really doesn't matter at that point but um yeah know it we may be having some situations coming down the pike where people think things should be handled procedurally differently um um so and not just by the planning board it's by the whole situation bur situation that people have to deal with such as construction zoning zoning and just permitting and legally and things and so there's let's just say that person was a little stressed maybe took it out on which was inappropriate I don't know the background I um I don't either no one of the comments um you know just feel that um this gentleman was looking for um some personal had um personal information for one of the other board members and I just don't think that that's an appropriate thing um you know this is the burrow isn't you know here to to do their personal I job secretary not a personal message play and each member has a historic Flemington or email address which is really strictly for or you know information and distribution on yeah from what I gathered I did everything right that she was asked to do within a job um unfortunately the person chose to take it to Facebook which is very is frustrating for us because we cannot respond to that even though I wanted to defend I on there and what I was like no we can't that that's a frustrating thing for us when members of the public choose to do that and raise that I I don't know I would like to talk to car if there's a way that we can make a public statement but I know we probably can't um but we're making it now I guess that's all that's all I was asking for thank you thank you that was very stressful that I was not happy with how she was talking about um it happens it's people get frustrated um and I understand that residents do not understand the process yes and um that becomes a frustration um and then people start talking about their other situations so it kind of snowballs and people get upset so it it happens and I don't take it personally I think in the situation I think presidents get um frustrated with and as you know the ml is not the most friendly document for residents to deal with so that's but thank you for raising that um okay our next meeting as we've noticed and we moved everything around is the April 30th regular meeting right now the only things we have are a couple of resolutions If That Remains the Same we may have Things fall out from these things that we talked about we may be able to put that on I'll have a those are there may be one and I'll speak with any so we're not talking at a turn but if the one that I'm think may go on the April 30th meeting is what we need to raise as a chair wrting then because um Power has a conflict with something that might come up to us which means we as a board need to find an alternate attorney you conflict or is your whole firm conflict and I thought I asked even if it was just me m so I thought we talked about it when we did when we did our new contracts but I don't I don't think we got any further so now we need the process to find an attorney to represent us as the board if that situation comes up in that to I can make some suggestions right um and I can send them over to you J and I and I'm presuming can we do a kind of contract just for that um application or whatever it comes in as yeah it might be a good idea to do a conflict Council resolution somebody which is what we did last year when you guys had a conflict with Striker we have a conflict so we could approach these and suggest that okay then let's move from but the other one that the one that came up today good you're conflicted you're not conflicted it was the other one that may or may not be coming in yeah I believe that it will be coming in yes yes it was an application that was was filed um no um fees were were attached to it okay yes so I will say and they are looking to be on if if if you need me I could do remote on the 30th but if if it's just resolutions then yeah no I get it well if it was just resolutions though I was contemplating asking um our engineer if if we would have anything related to our checklist now Ian I know you I don't know if you're aware of the what B was going to do on the checklist like if we do have a mostly empty um agenda we maybe have some time to some discussion about even part of it but if Bob can't be ready for them then let me know as soon as possible because then we can just not do that then right does that make sense yeah okay thanks you'll let me know um but otherwise we'll have resolutions on maybe these I don't know how much we can say about because they're not even so I don't want but it's good we're dealing with this because I think yeah and it's and it's also something I'll let the board know that there's discussions going on generally that these issues that may may or may not come up there's been there's several of them and there's moves are put to close not loopholes but close the situation stop it hopefully prevent it happening too much in the future um okay let's move to item 11 then because of the time um Mo can I get motion to audit the bills that were issued just 530 yeah issued yeah there was just the one just the one right so move cover second all right we need we the call Mr C yes Mr s yes Mr Campion yes yes Mr Hill yes Mr J obain I didn't have a chance to look at it sorry Miss Whitman yes all right thank you item 12 do we ever need to go into exective thank you um all right then can I have a motion toour thank you everybody