yeah I guess that's what we're doing know if they are they [Music] are just making good evening welcome to the township of the pacon planning board meeting reorganization uh and regular agenda tonight we do have some official business uh the date is January 24th 20 24 if everyone would bow their head for a moment of [Music] silence and then stand for the oath of Allegiance I pledge allegiance to the of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all adequate notice of this meeting has been provided in indicating the time and place of the meeting in accordance with chapter 231 of the public laws in 1975 by advertising a notice in the Star Ledger and The Express Times and by posting a copy on the bulletin board in the municipal building uh we are going to appoint reappoint and swear in if the following people will stand uh and you have your oath Andrew Melendez class one or I mean class two class three James pedo class four Robert Samson class four Anita Koy and our alternate is not here this evening so the attorney will swear you in that's right I'll swear in later if you'd Raise Your Right hands do you solemnly swear or firm that you will support the Constitution of the United States the Constitution of the state of New Jersey and that you will bear true faith and allegiance to the same and to the governments established in the United States and in this state under the authority of the people and that you will faithfully and partially and justly perform all the duties of the office of planning board members of the township of L Pac on to the best of your ability so help you got too congratulations your one so if you would take your oath and on the right hand side sign your name at the bottom there's a couple lines there and write your address and then if you would uh let the attorney have it and he will notorized for us oh that's good gentlemen would you please raise your right hand no you don't need pleas sir affirm that the testimony you'll give the board throughout the course of the year will be the truth the whole truth and nothing but the truth thank you very much thank [Music] you Anita do you have your Anita you have your o that one out Bob thank you I'm going to go ahead and call the role members Cole here Deo here Hartman Melendez PLO here ky mayor right that's it for now uh the next order of business is the election of officers uh we're we going to hold nominations for the chair and the vice chair and the appointment of the secretary so right now uh do I hear a nomination for chairman anyone can nominate someone I Bob Samson second are there any other nominations okay close that portion uh I would like to open the floor for nominations for vice chair I'd like to nominate susano do we have a second I'll second okay are there any other nominations okay uh I'd like to open the floor for appointment of the secretary I'll nominate Beth DS second I'll second that thank you very much and I'll roll call all three uh members Cole yes Deo yes Melendez yes pedo yes and Koy yes thank you the next order of business we're going to quickly do the reorganization consent agenda 1 through 5 and as you see that's the annual meeting calendar the reappointment of our attorney Mr Bryce our planner Mr Ritter our engineer Mr wisnoski and the adoption of rules and procedures for the governance of meetings I need a motion motion second okay and I'll roll call that members Cole yes Deo yes Melendez PLO yes and Cole I would like to make one mention uh TW resolution 2405 has been uh slightly modified and I'll let the attorney explain that yeah there was discussion last uh last year we didn't meet towards the end of the year about modifying it to take out the public comment period just the open public comment uh so that was taken out as part of the agenda so people can obviously still speak when it comes to anything to do with any application um but there's not going to be a second period public and you all got the a copy of the the revised uh rules and regulations the last page is an acknowledgement if you would please fill that out and make sure that I get that so I can place that on the record and uh so for right now I'm going to turn this over to our new chairman Bob Samson and we'll move forward with the business of the evening you can take your [Music] chair okay so tonight uh we have the cubes com in front of us they want to make some uh changes in their drawing so counselor you want to take the [Music] floor congratulations everyone on their appointments and reappointments my name is Chris Costa from Stevens and Lee I represent the Cubes at us22 sub1 LLC in connection with their project at the Philipsburg Mall um back in June end of June um this board granted preliminary and Final site plan approval um to construct an 833 th000 ft² Warehouse on the property the resolution was adopted in July was July 26th of uh last year um the mall as you know uh crosses over two borders low pakong and poac Kong um the relevant block and lot in low Pac Kong is block 102 lot 9.01 and 9.03 um 9.01 is the basically what you call half of the mall property the portion it's in low Pac Kong and 9.03 is where the friendlies was um so that that's those are the two lots in question um since the resolution was adopted this summer we've had extensive conversations with koh's and also worked with um your professionals to change around some of the internal circulation on the site to further separate the passenger vehicle traffic and the truck traffic and that is pretty much the extent of the changes to the plan there's a few other changes um that we need to address as well but most of the changes that you'll see pertain to changes in the circulation um from the site or within the site and then also from the site um and we're seeking um approval from this board this evening for um the amendment of the plan to take into account these changes um the changes um we initially did not believe triggered any variances um but um having talked to Mr Ritter uh there is one exception um we are seeking a variance um for the slope of one of the basins which is now um now has a Spillway within the rear buffer and that would be the buffer between um this property and the property behind it which is currently Farm you know vacant farmland and um May at some point be developed into a warehouse per the Redevelopment Zone um so it's not a buffer between us and any residential property um and we made that change and created that variance um basically to make the slope of the Basin safer so that it move it was it basically satisfied all the categories of a class four Dam versus um I think one of the slopes um trigger to class five so that that's why we we evened out that slope that's the only new relief we're seeking this evening other than that we really are just seeking to present to this board and have you understand the changes that we made to the plan um we have one witness tonight it's Daniel Reeves who is our engineer he is the engineer who um testified earlier um and um he'll be addressing Mr Ritter's report and Mr sturban and Mr was WIS WISN report um and um we also have available um should you have additional questions our traffic engineer John Harter um and we also have a planner available if there's if there's necessary necessity for planning testimony uh so unless the board has any questions at this point I'd like to introduce Mr Reeves as our first witness I believe he's he's been qualified um and probably just needs to be sworn in but I'm happy to give his background again if the board would prefer would you raise your right hand sure do you swear Fromm that test you're about to the truth the whole truth and nothing but the truth I do please St your names for your last record sure Daniel Rees r e VES from B engineering and Mr Rees does your uh license remain current in good stand it does okay go through the changes to the plan and also address the comments in the two reports sure um we do have one exhibit here this evening uh to present and you I'll talk through it uh and see that there is very minor change changes so mark this as A1 A1 please yes marked in the right hand cor top right hand corner and exhibit A1 is the overall site layout plan that was submitted to the board and to the board's professionals uh with the last revision date of January 8th of 2024 sheet c301 um and what this is is the overall site layout plan with the landscaping overlaid and added some color for some nice graphics for the presentation for this evening as you heard from Council what we what we are here for tonight is very minor Amendment change in fact if you were to look at the presentation board that we presented middle of the year last year compared to now most likely you wouldn't be able to tell the changes that we are looking to propose uh and discuss here this evening mostly As you heard it's more for the in Loop Road circulation the truck circulation on the inner Lo Inner Loop Road was basically revised in the northwest corner here that I'll further talk about again that is to minimize the commingling of passenger vehicles for the outer Parcels as well as the coals compared to the warehouse development the way we were able to do that you ask is by sliding the in the before slip road for the northern loading dock f a little bit further to the west to force all truck traffic majority of the truck traffic to go out the Western driveway which was previously the location of the former friendly slot uh before most of the circulation would then before would come around the back and exit out the Eastern I'm sorry I should yeah the the southernmost driveway excuse me plan Eastern driveway so with this modification majority of the truck traffic will all exit out on the Northern or the West plan most D Western driveway and eliminate the the commingling of any of the outer Parcels as well as the coals another way of to minimizing that ask how can can we how can we monitor that and control that will be be two measures one an actual physical measure which we are proposing a a gate to close off this Eastern portion for truck traffic the gate will be just to the east of this four-way intersection that will remain closed obviously there will be nox boxes and be open be able to open for emergency access only uh we've been coordinating that with the Fire official other means similar to our prior testimony is the site will have extensive wayfinding signage throughout all areas where truck traffic is anticipated there will be extensive signage to direct the trucks where to go what exit to go to depending on which route they need to get to so quick walk through on how circulation will be will be provided under this new layout any trucks coming in from Route 22 can can make a left into the site and immediately get back into the Inner Loop Road same as how it was before once you get to that Inner Loop Road they'll be able ble to fully circulate around the building without being able to co-mingle with again with the outer Parcels if you're now leaving the facility and you're in the planned Northern loading dock instead of coming out and making it right how it was before and potentially come angling here or going around the building to come out to the to the rear side here all truck traffic will be able to come in make a right and exit out to this same thing with the southern driveway they'll be able to come out to the western western in a loop road be able to use this slip Road connection again and be able to make the lap and come into here so that's the majority of the intended traffic if trucks do need to head north on on 22 they will still be able to come in make a left of the intersection same as how it was originally proposed other changes here that you might be more prevalent with this is our storm waterer design as you heard from Council and based upon some comments and feedback that we received from Colliers engineering we have redesigned the storm water facilities on the planned south portion of the of the layout here but again this was only to classify these basins as class four dams rather than the originally class five dams this is a much safer Dam lowered the height of the BMS and do so so in order to do that we needed to instead of one larger Basin one larger wet Pond we split it into two wet ponds and then a bio retention base instead of the four Bank so in general nature the design still stays as is just changing some of the impoundment areas qualifying for a class FL G makes this site as a whole much better both onsite as well as Downstream to to that uh Mr Ritter in his in his letter did did acknowledge uh one variance or or waiver um about this about the Basin location with respect to the southern property line that is with with respect to the the required buffer along this property line as you heard this this lot is intended for a industrial commercial development and I will note that this has not changed drastically from where it was previously previously I believe we were approximately 70 ft off the proper line to the top of the burn with this modification we're approximately now 35 ft so we are a little bit closer just based upon some of the elevation changes of these two basins and the key point to note is that the Basin is best suited in this location based upon the drainage and the and the topography everything is drained there currently today in fact there is a very old in desperate need of repair Bas in there currently uh so just naturally fits with this and is in line with the testimony and the waivers and variances that were granted on the previous application one other um thing to note that was referenced in the kier's letter was with respect to the Fire official we have had the opportunity to sit and talk with the Fire official believe as recently as last week to go through some of the comments plans have been fully fully re reviewed and uh basically approved besides one minor comment to add an additional hydrant behind the coals so we will be happy to comply with that and meet any of the other requests from the from the Fire official and if I can just interrupt you for a second yes just to kind of organize this uh with the report I believe that's common um 202 of the report which is which is listed as um addressed we'll be able toly address that that is correct one other thing to note about with with respect to the change in this in this in this driveway again this slip Road and this connection just slipped a little bit further to the West what that ended up doing is actually have actually reducing the amount of trailer drop stalls by about three stalls so Le less trailers on the property as well as some further design of some of the building adding in uh some Drive-In ramps on the Eastern plan Eastern side we actually lost I believe a total of two loading docks as well so in nature we actually reduced the amount of amount of loading docks as well as trailer parking with the with the amended plant but however the building size is completely the same has not been enlarged or anything else like that everything stays in line from where our previous approval was running through a couple of the other close out with some of the other Collier um comments we will be able to basically comply with with all I willon I do want to note um the ones that we will be able to comply with which will be 2.08 3 311 and 7.01 H we'll be happy to comply all these remaining three plus the 2.2 were partially satisfied before we'll be we'll be happy to comply with with those I think 3.2 as well um that's the spot grades yes we can comply with that as well yes there are two uh two comments 3.8g and 6.09 uh that were with respect to the Basin design and the underlying um layer beneath that we will be happy to work with uh the any necessary Vis Visions to the satisfaction of the board engineer just had a conversation prior to this work with them to make sure we are fully compliant to their satisfaction and just to just to clarify why we called out those items um if you go through the um engineering report most most times it says comment addressed or it might say you know like in bonding it's it's not addressed but it isn't timely yet um and then there were some comments that were partially addressed and that's why we're we're addressing the ones that are partially addressed and um 3.8g and 6.09 are ones where we're we're proposing to work with the engineer to their satisfaction and then one thing uh circling back to Mr River's uh letter um we spoke about the Landscaping of I believe there was also additional comment about the about the traffic and the need for the ward for any signal I will like to know based upon the anticipated trips and everything that was presented by the prior testimony from the traffic engineer and with the both the on-site signal as well as the the signal on 22 just not seen a feasible or warrant an additional signal at this just based upon how that would all be coordinated so we do believe how the how all of our layout is been situated is in line in best for our traffic circulation that concludes my direct testimony if there's any questions does anybody have any questions might answered before the other meetings but where the trucks are coming in and out of the mall entrances that are currently there are they being widened or is that being changed at all or is it going to stay the way it is you think about the center entrance yeah that one is that being changed there there are some minor modifications to some of the curb uh layouts once you come in internal into the site all of the existing curb openings and driveway in the Route 22 are remaining as is so we are not widening necessarily the intersections some of the internal circulations will be for the additional Lanes to get truck traffic immediately into that Inner Loop Road say it is addition for the TRU to come in and out and everything correct yes turning movements were all provided um B on the prior uh testimony and application demonstrated all that I have a couple questions uh the where the basins are uh in the bottom there how wide is that buffer 50 50 that's required 50 is required 50 foot's required correct so do we need any additional planting since we're kind of infringing on the the the answer is is the applicant has revised the landscape plans uh as part of the condition of approval okay and they've had add additional they've added additional Landscaping along that whole ledge the the variance that they need for the encroachment into the buffer is because of the need for an overflow Spillway uh that actually has to pass through the buffer and it's about 200 feet wide so it's no small thing that area will be clear vegetation the that part of the buffer will be gone obviously you're not going to plant any overflow uh but that's also as pointed out by the applicant uh engineer uh is not really facing any residential areas uh it's facing the property to the rear it shouldn't really present a problem in terms of buffering uh but that's that's the encroachment and that's the need for the for the variants that we're you about tonight and and to your point if I can add in to what Mr M just explained the location of that Spillway is right here you can kind of see the break in the Landscaping that Mr R just just had up which is I think approxim 192 feet to be exact from what our design is uh for that that break is just to have that emergency spway the prior applications there were only a few trees along this we've had now came back and as Mr R explained put extensive Landscaping along that within that buffer area everywhere else just behind that Basin and that won't create any problems for future um because they're going to develop that site back there aren't they eventually well yes well that's that's our belief that it's going to be developed in the bag uh no the plantings the Landscaping the improvements they're showing there should not represent any impediment to the back being developed is there a substantial grade change at that point as well that falls off after the Bas yes yeah so be it'd be a tricky place to plant as well beyond there any other question comes uh I had one it was in the letter and it's probably partially answered the the new intersection obviously is not going to is not going to be a controlled intersection uh the question I guess I had was is that trucks coming off of 22 and going to enter the uh Warehouse facilities also as far as that goes trucks leaving the facility and using that entrance to access 22 is there sufficient sight distances uh that will permit the trucks cuz they have to cross two intersections in other words when they come off at 22 they have to for lack of a better term cross the commercial driveway then they have to do a Crossing to get into the warehouse is there sufficient sight distance in there that since it's a non-controlled intersection that everybody can see what's going on and can decide whether they should turn not turn whether they should go through the intersection because they they have to see through two intersections to know uh when to make their move I guess way to put it uh yeah so um yeah so that was certainly looked at and because of because of all the other control measures with the with the stop bars and everything else there is there is certainly adequate s sight distance for all these driveways for for the erress because also between the Commercial Drive and the warehouse drive we have our noise barrier uh we have a basically a barrier sitting in there that's going to be landscaped in front of I just that's my only question is that can every does does everybody have enough sight distance to know when they should make their move their turn without interfering with somebody else that doesn't realize they're in the process of coming in or out yeah and both of those intersections are stock controlled right correct that that's that's what I meant by that is like that they since they are stop controlled Vehicles will be stopping be able to look not going to be you know freely flowing everywhere so that you'll be able to see make your make your decision at that point we good with that I'm I'm good with the explanation if they believe there's an adequate room in there that's fine anybody else have any more questions or comments concerns chairman yep so oh yeah any any public comments okay so I think that we're g to have to we're going to have to have two votes here we're going to have to vote on the variant do we need to have any conditions as part of that or is it just no I I don't think this warrants any conditions I think the the plan they've submitted we know what they intend to do I've reviewed the Landscaping there's adequate Landscaping to the rear so I I don't believe there's a need for any conditions it's just whether or not the board is comfortable with the encroachment and uh but the adequate reasons have been given for it which I think they have so I think we're comfortable yeah okay so at this time I'll entertain a motion to to uh approve the variance for the storm water as they've shown here I'll make that motion second I'll second roll call yes members Co yes Melendez yes poo yes Coy yes Vice chairwoman Deo yes chairman Samson yes okay so then so then the next vote will have to be uh to approve the revised site plan s um you know and I think what the conditions be that they have to be uh you know given to the county and the pacan township and make them aware or they're going to be subject to the same conditions that were part of their original preliminary and final site plan approval those will not go away okay um and I think that in that particular uh resolution all of those concerns were addressed so this would be just simply permitting the amendment to that plan subject to all priority conditions okay Mr chair I guess just to answer your question to provide some additional Clarity um and maybe to ask the applicant um I I know that um the board secretary and I was cop on an approval a conditional approval from the Warren County planning board just for clarity was the plan submitted to the Warren County planning board this version of the plan or was it a prior version of the plan they've been sub this plan has been submitted we we had initially submitted a prior plan and then we subsequently submitted this plan um and um we've got the conditional approval from that the conditions did see and I I understood that hack also has reviewed and approved this point correct just for further Clarity okay yeah that was my concern that we have uh that they haven't seen everybody on the same board here and I believe they are okay all right so at this time uh we'll entertain motion to approve the revised site plan um as we just said here uh anybody want to make that motion I'll make the motion I'll secondment roll call yes members Co yes Mendez yes Leo yes Hy yes Vice chairwoman Deo yes chairman Samson yes thank you appreciate [Applause] it yeah there's only two things that I want that um one is just I talk a little bit about this before maybe to do a honorary resolution Gary that I can put that together uh the other thing and Zoning officers here now is maybe has a comment to the board may want to make a recommendation to the zoning ordinance I know that we have that funky little ordinance that says if it's pre-existing non-conforming structure any change requires variance relief which seems the Handcuff or zoning Officer and tell people you got to go to the zoning board even if what they're going to do doesn't exacerbate the non-conforming condition it may be uh wise for this body to draft or authorized to draft of the orman's revision in conjunction with the Zone So the plan the planer myself to present to you to Tim to the Govern body to try and officers little easis has something that as long as you're not going any more into the set and it means everything else schu George I think was concerned with it too he's like there's a coup Wheels yeah so if if you guys authorize that we can start about that bring it to you next Mee okay so we have to make a motion on that no once we present the then you can do it I just want you guys be in the loop okay you Ain form all action at this point in time all right all right I think I think that ends it so uh motion to adjourn motion second second roll call call favor thank you [Music] [Laughter] whoos time right [Laughter] time your 23r 244 show the movement I think it was originally you know deliveries to the mall they did make it big enough trucks to come yeah and the do has a lot of uh