##VIDEO ID:mxVQm5IsSsM## good evening everyone this is the Frank meeting on it's 711 p.m. at this time please rise through tce the flag of the United States of stand One Nation indivisible public me pleas on the township get thank you go ghost yes go Constantin Mr here Mr richson Mr Mayor blo there car and Sh and we're going to se the Mr Clark for um Joe S please uh next is a motion for Pb 2317 uh the uh Newfield uh DG LLC V to approve the resolution I make a motion PD resets have a motion second second move second V please that's I got yes Mr CLK yes yes was yes CH he's about to I was that meeting thank okay Mo uh motion carries uh at this time before we call the uh first application uh I wish to thank the war profal the general public uh in my absence there there was say uh medical issue back in June and there was a longtime recovery and life went on and I'm feeling great I lost 54 lb I would not recommend going through what I went through the lose 54 lb but uh the the health is good uh I'm back into it I'm probably doing 5 to 6 hours in my office now and uh as the energy builds back up we're we're back in the race uh what I'd like to do tonight is I'd like to call PB 242 first you simple application and we spend more time on Cay W uh wa 401 have the work so uh generation they all safe here's the fic mail good evening and I appreciate your consideration uh Ryan Hoffman Hoff Museo on behalf of of the applicant Generations Enterprises LLC we are here for a very simple lot line adjustment that will allow for better uh for the applicant to better utilize their lot uh to eventually uh build on the property um as you can see from the plans essentially we are just taking a line that was straight here and just moving it straight here uh it's very simple the actually square footage of the properties is negligible of a difference of anything um we are not seeking at this time any kind of building approvals no New Lots are being created no waivers are being requested no deed restrictions of the covenants exist on the site and is not within the uh flood Hazard area I will notice that there are uh both of these lots are within the wetlands but again we are not asking for any building approvals at this time um if if and when uh the applicant seeks to build on the property uh if Wetlands approval is required of course we will obtain that and if any other additional variances or waivers are required at that time we will come back uh to this board and request the same at that time y I open up to the engineers anyone has any comments questions St any yeah I said question mention this really doesn't change like generally speaking like three bik boed bik the tra subject to [Music] getting on the separate lead the the S both Lots at WEA and the SE system uh those they're actually reasonable Crum Squad understood and yeah to be to for clarity sake we're not uh I think the way this was drawn on here proposed dwelling was simply just saying possibly that's where the house would go the that's the whole point of why we're getting the extra Square footages so that we can put something on this lot that would allow us to fit within a proper setback without having to get any variances for that uh but we do not have any kind of exact uh building um plans at this time no size has been agreed on no exact area so we are not seeking any kind of approvals for that at this time and we will come back as needed of course and like J says have committ District so they can simply M to all the so the billing from it um there is one Divine labor associate this ocation it's essentially an existing condition the code before it's the that they lot daps is not allowed to exceed 2 and half times wa that both these lots are proba what it's just High adap which the very long narrow lot so it's actually pretty common what yeah all all natural buildable area still exceeding that ratio but the FRN calls no a for that put the two Ls together that's well will be on to enough time they so quit design we require devise this is like fire the subdivision the term foration okay have any question sir I make thetion is sorry second second all fav we're to public on know you discuss this plan um any for b c letter and just want to is agreable to all the yes yes just B of course it it needs to be there I was going Tock to men about why the foring the on um on left make into our show than C Motion in a second uh rep Please Mr M yes Mr C yes yes yes Mayo yes Co yes Sharon yes carries both with that motion cars thank you thank you and jman PES good to see you back here all right thank you thank you everyone and I icted that that the master plan if anyone's here for the master plan with youw that has been pushed to the September meeting initially because the audio system in the uh Municipal Building wasn't up if the townships electronic equipment both recording and audio wasn't up in the municipal building and that's the reason we're here because they have the place T apart wiring up so in order to get the uh master plan both video and audio uh from the township we we're pushing the master F and view to the next me uh at this time we're going to call pd41 good evening Mr chairman members of the board my name is Dan parenti I'm an attorney for letter burn bomb and I'm here on behalf of Ryan Morris uh with regard to our application for a minor site plan approval for a pole barn on his commercial 2 acre commercial uh property on the highway in the highway commercial District presently at at that location in the front there is the fritz Staffing he got approval for that last year and because of the size of the property it's it's a big property he um had proposed to put a pole barn in the back uh we've reviewed the engineers report and the most recent report which came out just earlier or just a week or so ago and we've we thought when we had positioned the pole barn uh as it's reflected on the plans um that we were doing the right thing because it complied with the sidey yard and and uh rear yard setbacks but we've recently been told that it does not comply with the agricultural buffer and that that would be that could potentially be an issue So to avoid that issue we can move the pole bar um so uh hopefully that will make uh the board's uh determination tonight easier uh my client's willing to move the pole barn assuming uh the board approves it so that the agal uh so that it is 100 feet away and we therefore would not need that variance right k is your attempt to move forward receiving with this or would you prefer to uh go back and and show it on want to move forward this evening or you want to uh go back come back to a new set trolling we'd like to move forward because everything else is going to remain exactly the same with the exception of the pole barn being moved forward 100 ft it's still going to comply uh from a sidey yard uh standpoint so we still won't need any variances we're just eliminating the so we'd be requesting tonight conditional approval conditioned Upon Us submitting revised plans reflecting the pole barn uh 100t away so that that variance is no longer required because we understand that that's a that's a that's a big ask so we're eliminating it okay are were you okay with uh that that big of a change like move with toll work ahead uh that access it um pay that deal and so I guess with the the board is just making sure that deal be that when you have your engineer you yes if that Chang is in the substantially make any differences the drawing as far as that he like I think that's it works concern with applicant if we feele that um we know yeah we think we think based upon the engineers review of the plans that we had responded to all their concerns um with the exception of the three variances the most significant one being the agricultural buffer which we no longer need assuming we can just move the pull Barn up but again again there going to be no other encroachments so we won't need a side yard or uh rear yard variance uh the the other variance that is still would be needed either way is that the uh there's a pre-existing uh condition and that is the uh the frontage the frontage is 137.5 ft and it's 150 ft required but that's a pre-existing condition right um so we respectfully submit that variance can be granted without uh impairing the intent of the Zone plan and zoning ordinance or uh impairing the public good and uh and the final and the final variance is one of buffering uh and again my client and the engineer are here tonight to address any concerns that the board has with respect to that otherwise we think it's relatively straightforward application I can represent that it's only going to be used for incidental storage um the pole bar so there'll be no employees on site no delivery trucks coming to the site um there'll be maybe a pickup truck two or three times a week picking up something or dropping something off but that's it uh so it it's it has no real impact uh from a traffic standpoint or from or from a density standpoint uh what is get the advocate and the uh anybody else is going to testify from your side uh this morning first you you truth that correct yes and then this is Mr uh patteron yes that's correct y yeah your question place the use of the storage water is it for us FR will on right it's it's really for overflow storage for a a separate uh personally owned company uh construction company so stuff like uh you know a small tractor in my backyard looking to get that out and move it over there uh you know just various stuff like that that we use for the business that doesn't necessarily have a a home right now and it's just ended kind of like I said out I'm sorry that's a state we I didn't I didn't catch the question I'm sorry it's different business it is a different the CER one if it's one I I I I agree uh I'm not Mr doy ask no I agree Mr Doyle but but I I guess the way we were approaching it was because it was storage and it's not an active part of his business there's no employees there there's no traffic there in connection with the business um like he said it's his own personal tractor that's going to be stored there uh we weren't assessing it as as two businesses being operated there because there understand that would trigger you expance and we'd be in front of the zoning board um so but it was just a pole being used for storage that's why we we were here and so that that if I can elaborate that the business that's going to have any kind of storage equipment there um they have a whole separate headquarters entirely you know that they operate office and primary storage out of so uh again this is just more overflow for personal use and you know there yeah there may be some uh you know equipment or tools from that business there from time to time if if it's more ven to store it there rather than somewhere else good but I don't there's not going to be any employees there daily uh proring to that location uh for that se separate entity that you're talking about sh I can I think you are to a very good point there uh when we reviewed this application we were under the assumption that this store to sh would be associated with the existing in property and that does intensely raise isue now of the store is prly c some us offsite and out of them is necess to princi specifically uh customarily an accessory on a properties B Be accessory to the prin so probably not accessory to some other uh property elsewhere so this this does I to raise from a practical sense it's not an issue at all I don't think but from a legal standpoint of applying only rank L to might an issue of and I'd have to look through the Cod work to see if there this specific mind says accessory you have to be accessory toally on the prop enough to some public property but um that that does raise an issue there potentially was that is something go for the are so the sh and got the authority of grant that and we had thought of that or at least I had thought of that but we had we had you know again when we approached it um we assume that because it's not an active part of the Business Without trucks coming or deliveries coming or employees being there and that it's being just being used as overflow for Ryme personally and for some uh business materials that it would not trigger a second a SE a separate separate use um beess so I don't like I said it's that no do just the same thing you're sa st% it's going to testimony and the use is going to be 100% personal then we would look at it differ but if there's a Mis use shortage some uh why can't speak to that R yeah I I'll tell you I mean I'm I'm the 100% owner of one of the businesses and majority of the other the lines get blurred you know is this is this Ryan Mars's tool or tractor or is this the business's tool and tractor so it's all the same owner same I don't think P you did the def Ting that cuz there that that all gold a you have three guys found the property or no it's a separate uh Standalone LLC that owns the the actual real estate itself but well there that's a good question I mean and that varies right so it's you know and that's what kicks in and another think Joe another point you can say like okay so another business own is that that that business today in physical business late yeah so I guess the question is how that thatway business out there just well I guess it depends on how Gran granular you want to get with it I mean if I go and apply for uh say a $50,000 tractor loan for my business they may say okay your business doesn't qualify for a credit you have the personal guarantee okay that that that asset goes into my name is Ryan Morris right so I mean I don't know how crazy you had to get with with that I mean some of our assets may be owned by Ryan mors and some of them may be owned by the actual entity itself and I guess to really track that even with any building really I mean I guess as the position that you know if if uh if you in commercial real estate you have a storage lot you can't you have to check how your uh vehicle is titled before you park it there overnight you know is that that's right and that's what that's really coming down to a legal question yeah uh if there if there's a miss home property and and you know when I buy when I buy something for the company some of it is a my name some your corpse thing if it's a business piece of property being storage here that it kicks into business use and quite the question becomes whether it should be in front of this board about if it was 100% personally owned then you know it's for personal use and I want to give to the two attorneys that work this out and whether we move forward uh housing form with uh the application that that's the piece it's a legal piece here that's kicking in the problem look that's not so much in the list of gritt uses that accessory storage is permitted to viate person for us it R your um but accessory use your building is defined as a subordinate user building the purpose of which is customarily incidental to that the main use or building on the same lot of track so there is The Code by EV accept be accessory to be princi so if it was the building that a couple years ago that got proved to be a like a real estate office I think it was not real estate office using need a full bar storage if that's what they want to do they want to sore their real estate equipment um that would be totally permissible um in might thinking now this within very issue but I don't want to say it's absolutely not saying not the the zoning War but it's it's sortly raising an issue based on the testimony that is stor to un to that M on the site so Mr Mars do you already out since and I the B me you own the property do I own the property estate real estate I do that the real estate's uh it's owned by an LLC that I Own 100% of but are you a member of that LLC I'm 100% uh shareholder of the LLC it's correct I mean my this there's C A lot of people that have to P that are far or electricians and have some can sort out and that we should please and I would throw this out there that to the extent that there is some business related items out there I would say it's it's the Minimus compared to to everything to the entirety of the of of what he's doing out there because again he's he's using it for storage for he and his his family as well as some overflow uh tools uh from work um some of which he owns and some of which may may be a business own but it's certainly not a primary storage unit for the business it's that it's not and that and that's why we didn't present it that way because um because we knew that wasn't the case um he's not storing a ton of electrical cable out there or or conduits or things that that are used in connection with the business he's he's storing incidentals uh both personal and business related I don't understand where coming from because I can look at my own business I want in front of a zoning board for myard that has a motor own an antique fire Club but also as a couple pallets of material that the visit so in that my particular case I had I I went to the zoning board and I I don't want the uh the applications again channel to go get AB uh and that's why we're drilling down on this uh on what we to proceed and Chris hey so we with this or picking chall I mean your props I that's here the challeng is how do you make devotion for C the accessories needs for and with like how you keep this froming another business industrial bar the different us to like the Z thought to well if he did that it would be a violation of the approval and I'm sure the his zoning officer would be knocking at our door if that were the case the approval that have different company News St bu so that's the exact thing to completly addressed well no it's it's it's going to be Mr Morris that that's going to use the building and and um personally um and that's and that's this application was initially filed in the name of Ryan Morris personally because that's who owned it at the the time right and um so his materials are going to be stored there but he's being candid with the board and say hey some of them uh some of them are in connection with my two other businesses um but but it's but but it's not a primary storage unit for for either business you know the the you're familiar with the businesses they've got their own locations with a lot of square footage uh down on fres Mill Road with with u so so that's you know in fact we went through an application there to get a pole bar and put put a put there the board may recall um so that applicant is related to B industrial Som now is one of the principles like at buyers as well yeah I'm the sole owner of buyers okay yeah so can locations your city right so again back white they part this business I think that's the that use it for I mean I guess that have to be something that as to he could show that he's charging late where where could that good iate company I mean I think off real estate company quite was space to and I guess uh his other business store it wres the m i mean if that's what you're tells us well that's that's how I think justifi that there's well you're us Focus my you see part of my part of being adap is this that I friend states that I'm rning space in my primary mil company that also and can show that he's charged for right and so it's this I don't know we need to get into the that's probably really I don't know check out on that but it just there needs to be an association between accessory use and the sh so the storage at buyers that we just approved appr could you store the commercial stop and then and then we use use this B bring that car I'm sorry the question is can can I use could I use the building at buyers that we just got approved for storage oh certainly yeah I asked this question the pole bar closing to fil some the things you're going to be storing in here and this is a much larger piece of property than is necessary for the one the wall that is already out there is some of the things you're storing possibly to be for the maintenance of this property of C 100% well okay so that that under that and this would be considered accessory to the enance of the property itself they know was not necessarily 100% incidental to get real estate call but it is taking years on I do want to clarify l so get that way I wouldn't say sure I'm not just like d one say can go there out with them say so just clarification what is the Act made you s as a propit all right so if I could clarify that the existing building it's not a real estate company it's a staff I'm sorry that was yeah that was your original application go ahead oh okay so it's a staffing agency that's what the um that's the that's what it's used for so it's office space for you know my recruiters and uh things of that nature so but what I will say is the staffing agency see it was built to serve to service my construction companies that's all it does I mean it's all within a family of companies it's all essentially again same ownership um so FR Staffing uh you know Services buyers industrial and this other residential construction company that we're discussing um so you can say that they are all tied together in that in that sense essentially that makes more sense that's what makes I the staff is that currently being used to they e St the WWI I'm sorry uh all right they did all what you got all moving forward to the uh personal use and the business Cas with the to front as long as there's a p relationship I'm okay all right so yeah so we we're understanding is that the business piece of it is for use or in the property and if there is Conduit and wire and trucks and everything else that would be a uh stored on the on in that pole barn for that uh that has nothing to do with that uh building up front that would be a zil violation understood you understand that we we'll move forward with that all right d why don't you do your presentation go with that I'm sorry say again what go ahead with your presentation I'm C for that hurdle okay we passed that hurdle so and and the one uh variance we talked about the second variance was and the only other variant uh requesting is one of buffering and of 25 ft in the um I the again the engineer here to uh discuss that um I I I believe the plans call for some buffering right Mr Patterson yeah do I need to be qualified as a professional I've testified before this board before he has okay uh yeah as indicated there's some uh plantings and and things more adjacent to the building not necessarily uh close to the property lines but after speaking with my client I understand that he's actually done some additional planting closer to the property line so they're it's some existing buffering now it's not even necessarily proposed and then as we buffering on the side or yes on the side property lines and then as we touched on before with that 100 foot buffer we going to accommodate that by relocating the building so at our last meet Rich course not there for the same question uh 2531 refers to uh the right Farm Act and importance buffers when there's an A Change bar not in the highway this out and I believe it they to east of the SC far and your commercial property is subject to buff protect C we have three buers that are discussed 100 foot and a 150 foot depending on situation the D engineer I can term it but it will be not St minor application currently your pro drawing indicates 16 foot right same happens with another 75 that's yeah to Ste should drop yeah and we've agreed to do that I yeah is bringing up the planted gr yes and there were well the question was about the the sideline buffering between the other uses not the agricultural buffer but those other buffers the North and South buffers correct yes and those are already there's already existing plantings there so there essentially is a buffer existing l m have been here so there's a couple had a comment um that early both r letter that comments ad7 uh we recomended that the issue puff green uh plac adjacent parking areas I can say I do I made this town probably almost every single application last couple years East um you have DRS Etc um show it next to your your setic I understand old plan be installed can't happens year County approval there um and I would imagine this get a reorient seway with with W prop the build where Place said been theal might like shifting this down you have um light vage on the proper that where you be get what the additional into lot right flag starts is that where the addition gave it was sped can you indicate on there where so there was all there right down this side here there was already a line of existing trees there I added to them to bring them limitated the stuff regarding the hards no no no they they stay as is the existing trees stayed where they were no I understand you add that say continue the line to the to the road yeah I say where you have the things 11 on the minions and those uh you see the Cal are coming off yeah I know I mean there is Landscaping along the side of the building and then around the the front actually the Landscaping was done before this plane was put together I'm saying go yeah these are not in yet no you put in a middle play there's nothing there right now yeah operating still proposing to play in that location what is saying you not want to be with your your subject L well yeah we certainly won't plant them if they would put Le out I'm saying so if you put I was going to suggest put it on the opposite side yourself and that because that's still dressing the um far come with my other to where you going to shift that P bar to what you see how you have to lay yes talk about these Contours cont so you have the one that's up north that you sh down so you have spilling that I think theoretic they like break all the profit so that's where new put a speak me you mean on to this this lot yes that mean it's ever so sled yeah I don't know if it's going to affect it I mean we could probably move we could probably slightly change the orientation of the light and avoid it it seems like it's very close yeah she I think we can address that with lighting adjustments if we had to cut sit out um this I'm going to W this so this is something that the work has yeah this is a sheet one of the site plan that was first to back you there one so second what we that's a scar shap are are you see the second piece those things are pre-existing um there's SP pre-existing what what were they moving for removing we not against so yeah what are you saying long property lers are pre-existing and you you can see a F line of on the left hand side is a w l yeah you're saying in put semental plan fo that propery like all okay so that that you show that eliminate the stocks they not show right yes add what they got it okay all right okay so after you your um yeah the only other uh waivers we're seeking are the sidewalk and curb improvements there's no adjacent sidewalks or curbs on either joining lot so we didn't propose to add any that's that's up prod one thing I do want down all out CH is I think techically variant um regarding the uh g surface material I in a nonb surface which techically uh some person too good s Dan what kind of surface is being proposed um you're on a business okay this is like that this that that's being protest system yeah here it is tell God and this is this you have someone rest a St B call upse right the planing to that and and to eliminate to eliminate that variance what what what would the surface need to be have to be asph okay against doing yeah I mean techically the as see see the variance the um Cod goes into basically try to avoid delete Wars that's all parts that is what we're thinking good so that would be well I it it's whatever the board's preferences I mean Mr Morris will make it asphalt that would be preferable or you know what he proposed was the crush stone is that what is would be Crush proposed is Crush Stone both are considered impervious correct yeah I'm saying technically Chris's but the difference being is that the crush Stone makes a lot of n to drive trucks M allo every say this is allowed for residential propers that that's the exception of this this full resent they allowed St driveways parking areas Etc I was that just commercials specific parkings already is that same yeah it's already there for the for the fridge Staffing in the front um put the side there some should that so R some of that stone and I know uh Dan and I spoke about this I actually want time in with some the stone that was there uh that actually about pain driveway all the way back into you a little bit pave driveway they need put Stone back is that we're correct corre there's additional stone that was puted that was I don't think stock that's actually being correct great the best re reason for that is being dstr or being develop right the purpose of that was to stay below the threshold for major development requirements now on that same topic one of my comments um I can seen correspondents back where he saw de streate um that you got direct Lin they demonstrat bre on on though it's okay so something to well we'll provide it I don't think there's out there anything else yeah B paron yeah yeah we're done we think we've addressed the concerns that the engineer had raised in his in his reports we had submitted revise plans once already again we're willing to move the uh the barn to accommodate that agricultural buffer to 100 ft which is what the engineer uh required to the extent we need a variance for the um Crush Stone we respectfully would request that variance tonight uh to it exists there now and um and again it's a minimal amount of traffic there uh by this application uh not even two or three times a week uh with a pickup truck other than that um nothing it's not a regular it would not be a regular routine stop for the uh for Ryan or his employees e on to you from Ur sidewalks this the the sidewalks waiver we we're requesting there's no it's it would be sidewalks to Nowhere um because there's no sidewalks up anywhere else so we respectfully music understood yeah that's a state to C said yes no it's fire it oh we can say yeah you can say come and right there true didn't you guys get a TR for the proposed r no he's talking about expanding it though it's quite new work yeah it's being wide the I think it's getting wide 15.7 204 compliance keep the state that so why to provide this okay all right we we'll seek that waiver for the sidewalk and curve from uh njd and I think the only other variance was the frontage which is a pre-existing uh not condition okay right is actually your T that does I'm I they said they're going to comply with the the rest of my comments B on the driveway landscap Way Grass the one I do want to discuss is um this provide that state that there's going to be electri came Walmart still s was that Elation I I didn't see though this is simp that's all there's a to the corner that building or new just highlight that just highlight more clear you're on that 100 start elri ground to the yeah will it I'm sorry yes more than likely anything El or you still b i this no that everything is great and I largely discussed everything I do have to note that previous letters have called out the buffering varies not far buffer to two separate buffer qu of 25 ft uh then WID and all the rers Landscaping what it sound like they've already done they already installed Landscaping in them well wires off for areas uh but variance might not apply now um and only variance that I see is is the dust surface which we've already discussed and the lock Frontage which is of existing non-forming condition they they're moving the full fors they're trigger the farway buff Mar I do does note though um with then the code is not just a offer terms of placement but your code actually requires and an easement be placed on that area okay with that an easement to restricting it here area the prop that's thing that then the designway Reser for La of sidewalks and curing on Del grive which that is existing addition and then the St to see it there is St what it is St St T yeah yeah and other than that I think they they had previously add all our comments between the first and second submission of the yes than St was OB Side the side W curving but that's end end doc um we're also looking at um again with Chris just said that Yu you some Boer in there so that may not be a question any BL um so there's also variance uh for the lot crage yeah I believe it leaves two variances one for lot frage one for the surface material Dr servy the DAT he justop 110 a motion open the hearing to open sign favor at this time we're public for comment um on this application please J good evening boy name uh my name is Andrew kle my current address is 21av in Berlin New Jersey I'm the property owner uh directly to the northeast of this uh property so 2011 Franklin Street would be that address uh my name is Joe Kido I also live in U Berlin 200 PA uh I'm the owner next to Andrew's lot it's uh block 1306 lot 17 and it'll be addressed as 215 Frank Street yeah your something um we look through the the plants um we actually thank Chris for and Ed for bringing up the buffering um uh issue we had the buffering calls for um trees to be planted in that buffering Zone if you look at that that the right to farm um the write the farm ordinance which is 253 uh 101 D calls for the 100 foot buffer like d mentioned to them uh it also goes in there to say about uh what zones are required adjacent to that and then it KS you over to the 253 102 which is buffer strips required I'll give you time to look at that I've got it okay in section d uh number two in the the 253 101 uh it talks about the said buffer strip shall be included in measurements for establishing setbacks for construction for yard uh requirements on the lot said buffer strip shall be restricted by deed which you had mentioned to do and by final Subdivision plat against construction of any buildings or structures other than fences walls or drainage facilities and against removal of any screen of trees or Hedges uh you know until such time as roll back tax stuff because we are qualified Q form um the screen of trees that was there was is was removed so we were wondering if the site plan is going to call for a new Street of trees to be put up as the buffer required I know you guys had talked about the um the screening for the uh on the sides of the properties but as our lot as on the back it's also Jason till and it is also a residential lot are we asking the witness to speak up sure sorry sorry talking to the mic speak up okay um so we we were just wondering if the site plan is going to call for a new tree screen to be put up on the northeast side of the lot which would be uh adjacent to our residential zoned lot not speaking for the after but their plans show right now they're not showing any new plantings in that area what the code does require is a maintaining of existing vegetation as a buffer uh for any development but for major subdivisions uh new buffler plantings are required the this would not fall into the category they Bas some however they look at the different versions of Google Maps I guess I don't know how long AG it was maybe few years ago there was a lot of trees the back and that's all they've all the cleared we actually have a pictures of the Google Maps for you um i i m l back there any per I do have a here I do have a picture of from Google Maps for you that just shows a clear opening I also have a picture from my lot if I can I'll bring them up to you if you want yeah take the two picturing in yeah ping in girl the ones are kind of SP on in AR view you f is from without all trees over there and then in June 2023 outs what block we are lot we are block 1306 lot 17.01 and lot 17 I'm 01 my brother's 17 we're the farm lot that is directly to the Northeast for so I'm I'm not sure when Mr Morris purchased the property but when we bought our property in 2021 there was it was Woods between the two properties and at some point that Woods was removed so I'm not sure if it was Mr Morris or the previous owner um but according to the the Zoning for Highway commercial I think that buffer needed to stay first down out ke I was also wondering if if you also see in the pictures uh the Seline doesn't call for the other structures that are there is is this pole barn supposed to be uh so that those ones will be removed or are they also there the SE box in there okay the stuff that s on totally different location okay so that's kind of why I figured they weren't on the site plan they were just getting they were temporary they okay sorry there there's currently um some c boxes on the back of the lot but uh I they weren't on the the uh site plan so I just wanted to make sure that or not make sure just to see if they were being removed that's why they were emitted from the site plan and that was maybe the purpose of building the poorn differents listen the on stepping I should check little CH you I know you sure that there first I send back out C frame that that's one say like like here so would you be looking at the adding well the the as they are talking about they're all going to add the the 100 foot agricultural buffer for our cuon but um the buffering also calls for um a tree screen uh in it and that's what we just wanted to see if the applicant was going to add to the clarify yeah i'ms for sub specific wi SC so that however the Orin does say this what we're looking at now L different sections of Coach uh orgin do say that the existing vegetation allow f u there existing vegetation it's count does have orance Ste not be prohibiting C fighting trees on L I believe per would be a I don't know c c happen back so to some extent this could be used as those trees should still be there and should be survey as up but they're n so you may have the ability to say we would like to see leave what they are request the your St as an c one other there three sides the post it was a pig think is that your int no that that was that was cleared on that was cleared it's not there anymore it's not there anymore but um my understanding is that theight was require us to not disturb existing uh vegetation and uh they were just at now in the future fact have to put a e on the property I guess the pr any clear of that so so I think what saw Chris this St why the stone got brought up he said this store Arrow St up wh Arrow um but I call the APM exess 5,000 sport me fire to the do and s uh F if it's let me 5,000 I don't think you re her that's why I'm 12 um so I [Applause] gu that's that's a separate conversation right I know that's how the stone Bel it's noted I so anyone offer testimony on what was clear and W was clear I I couldn't I mean it's it was clear doing my ownership I couldn't give you an exact square footage off was you did clear yeah there I do know ex Square for whether it's bar Square I think it's pretty safe to say looking at the old older photo w, CLE the bar itself is 1200 it it would be at least 10 that what got no we we be looking for a tree wide that back I mean we would really just like to see a privacy screen like you did on the side you did one I think between did you do some uh the Garber B between the your existing and the lot next to you I mean honestly if we just had a privacy screen across the back I mean with that are we talking about the back yeah also great like are looking fast farm field right behind you standing on D straight out yeah straight back to resolve that issue my going to put up a privacy screen the back property sure give perit sayage right we could do something better can you work with rection yeah on that but that's fine I think everybody understands where requir yeah I I can do the I the two sides are essential all WRA all the properties those those guidance provided with the that's c um but but the water think what they were bringing up is a stagger D row right see yeah I think that the code that Mr D was talking about was 253 103 I did have that I was going to be my next Point uh was that the buffer stps are required to have the the trees and subsets but but yeah like I said we're just kind of looking for just like a privacy screen some you know some Mar buddies you know um staggered row them just like the code would read so you want to take look those we're going to them toce because 2 six please and you make sure the council gets a copy that at some point right I that's all we really [Applause] yeah you yeah yeah yeah I should have thought I should have Ru out more so sorry you can Emil me I was what is the uh BL the first um that's standing on my lot that's that kind of the flag portion of their lot that was what I had mentioned those other structures that weren't there uh he said he was going to remove them when the pole barn is constructed they're being they're being can you actually just identify each gr sure absolutely my yes uh this just right a when the scre bare face this damn it call he stag Jo have else I'm okay good y than y thank you uh good evening Mr chairman Jason Brandt 688 Rosemont Avenue new SE New Jersey um my question probably would most appropriately be addressed to the the board professionals as to the status of the prior approval on this property um there was a application before the board uh towards the end of 2022 um which was approved by the board and can you just give a history as to how we got from there to here today so that application that included their resolution Appliance goad uh me a second hel us back and we did receive F plans and this theti December should do plan well how is it the the building was able to be occupied that's that's not what I can answer but there I was separate so the improvements that were required in the 2022 approval not have not been have not been installed will they be installed as a part of this application no separate out biggest difference between previous application this one like I sh be parking in the back where previous application the parking front in at landcap around that parking lot the parking the front so in terms of SE land I don't about the CE with M and oy there real estate company or staffing agency in terms of the F plate this on this gets improved it some capacity with then essentially all me correct I'm WR would um they toen be Wai more foro any previous was still sued that previous would be essenti techn PR purpose rest still V that technically they wanted to go forward with building that goal they could do so but if this gets approved then now essentially be old fre appr they don't have they don't have any s okay well I guess the next question would be addressed to the applicant which would be did you get his owning approval to move into the building do you have a SE on the building we got a SE on the building so the the municipal officials approved your occupancy of the building such works so my back to the question H how is that possible how did the municipality approve the occupancy of the building without the site improvements being installed can't a step can't answer that um the second or third question is why were these agricultural buffer requirements not included in the 2022 application confused I'd have to say probably because I more than lik them because I missed it as discussion where this is written code the right arm for falls under the article type of clustering so right arm two an applications that it's not being cluster some is I skti over that chapter there or that section this so obviously like third letter send out on this and it Le it's up towards the front of the the property so SP they away all not technically would have applied stuff for itself would have actually applied still you wouldn't necess had to plant anything there that already were exting plants but it technically should have applied at the time right had it been applied the way you're applying it this evening it would have been restricting the deed the current application would have known that when they purchased the property they would have never come here and proposed any development in that area correct presumably yes right um regarding those agricultural setbacks um can you explain as a planner the Nexus between the purpose that they serve and what the setbacks are and the code because there doesn't seem to be one I don't I did not draft that ordinance so I don't want to speak to how it was determined the 800 10050 I we teral idea being is an enhanc protection under the right to farm AC state code for reg farms and SLE that my understanding all let RS show that a little bit better after I speak here at Lanta Farm is that F operation and under basic best practices and proced you w't assume so your name again completly your spray pesticides on your you know turning on tractor 6:00 in the morning is waking them up or the you count so put have new or smell that your you to your a qualified Farm you're allowed to farm it's your neighbors came compl complain about their being Farm stor uh this is I think an added protection in terms of creating a buffer area as we discussed a month ago that a farm wants to spray esdes or Rubes or anything like that great as no where those are not then going to carry over into a park lot of something house next door as that's my assumption of what the the intendent C Ste is but you would agree the setbacks is listed or arbitrary at I don't know what I say arbit not completely made up number but I the exact jusic Cas K1 metc right because there's really no connection between those buffers and the purpose at hand right like like theoretically spray drift is not going to drift 50 ft less from the side of a property than the rear of a property prob or it's not going to drift any more or less on a major subdivision than a minor subdivision correct right so I I I think you should be very cautious moving forward with these agricultural buffers especially in situations like this because there really seems to be no Nexus between the purpose and the regulation and you're now imposing this regulation on this particular property owner or someone else you're taking their property away from them with no compensation so I I'm not sure how the board feels about that and how it feels about the buffers and you know if you have any reasoning behind that um you know likewise when you preserve a piece of property Ralph and you can you can speak to this cuz you're the agricultural preservation goob there is compensation there's compensation so why would this situation be any different this not else in why those have a an Nexus to a public purpose here like I like I just stated there's been no heighten review of the the setbacks this is required so your opinions that anle I'm sorry it's your opinion many s up and pass the five no I mean that's a any require me you essentially are saying that you're taking an easement um they could from they can't go to right and when you take an easement from a preservation for right that doesn't prude them and you're not taking that property from them so listen it it I'm not making I mean this is this is well settled law with with with the the United States Supreme Court so same one the DAT on that that didn't well no what I'm telling you is that there there's height there's heightened scrutiny that's required for regulations like this there has to be a Nexus between the regulation and and the purpose at yeah no I mean I I I did not understand I didn't realize that this was in in the uh in the ordinance much like Chris didn't because it's buried in some Right to Farm ordinance that nobody's ever read before so SP right so what I'm telling you is you're essentially taking property from this gentleman without any compensation so they Jack is the neighbors each name Jason go detail why take away here in this particular case of the P bar you know and buffers to me if that was a resident was a house there the buffers become much more important it keep the separation between the farmland and the res spray odors all that type of stuff uh maybe we should be looking at in the future uh and by the way the bu redated me as well so uh but that's to me there's a difference between a storing up whole Barn out resident and they buffer is being much more important on a res on a residential side and is long storage well that goes exactly to my point that these buffers are not tailored based on the impact so they're they're completely arbit make good point yeah so that was all thank you you com SW Prett as well Dina wait back is there is there any other public comment I'm sorry I a motion to close public portion motion to close public portion second second all in favor okay oh yes with that being said we we and in order to accommodate the concern with the privacy screening we we are agreeable to putting privacy screening along the back line to accommodate the one uh gentleman's concerns or there's two gentleman's concerns um with that being said we respectfully request that the plans be uh uh approved and that the two variances which we've requested be granted uh this evening we submit that they uh would not impair The Zone plan or zoning ordinance or uh be detrimental to the public good um so with that we submit okay question board yes they show the to show the new changes and the uh new location of the pole bar well but it'll also show the elect yes I think it's all in there but we're going to highlight it that R that's buing see separate service electrical yes yes ideally it'll be easier construction wise C away I'm sorry it's a pretty long way from that service B yeah there's actually a series of poles that go back uh more than halfway and uh there's primary up there so wouldn't be too terrible professional 75 but that's fact okay this time motion well motion to approve 240 It's Des motion was second that put two Varan and we uh front they have the location of the um bill that we is rear screen rear screen two have everything other her I think that it was right uh correct I think the only variances remaining and was on everything else yes what I understood correct you make sure so you guys have the hardest car of the world okay subject I have a motion second please Mr yes Mr Mr yes yes yes de yes yes thank you very much have a good night Char Jesus [Music] earlier be with at the September 17th meeting and minutes the minutes of July 16 motion to accept the minute please yes uh yes which St I sh eyes get second all [Music] favor e