##VIDEO ID:acO53se9Vh8## the uh regular meeting of the Mars PL planning board for August 19th 2024 would you please stand pled ofed alleg to the flag of the United States of America to The Republic which it stands one nation under God indivisible with liberty and justice for all I hereby announce that this meeting is being held in accordance with chapter 231 of the open public meeting act proper notice of meeting dates has been given to the Mars newsby and the Mars County daily record and posted on the bulletin board in burrow Hall this meeting is a Judicial proceeding any questions or comments must be limited to issues that are relevant to what the board May legally consider in reaching a decision and the Quorum appropriate to a Judicial hearing must be maintained at all time roll call please Mr or pres Mr G AGA pres Mrs Kelly pres Mrs ster here Mr mcy here Mr Kelly here Mr bezel mayor car pres and Mr pres okay um are there any comments from the public to speak on matters that are not on the agenda for tonight yes state your name and address my name is Lee Connor I'm two Tower Hill Road and and I do have a question in in the spirit of the education that the public has been getting at these meetings um I'm not talking about the McDonald's application for property I'm talking about vacant properties in town that occasionally come up and uh tend to stay vacant for a while um surprising to a late person that look like great opportunities so I have a two-fold question one in your experience as elected officials and planning board members what are the main reasons cons concisely that causes these things to linger on in a vacant State and two what can any board or well-meaning group of citizens do to help get that could you try it again help attract the businesses will enhance our town let the mayor yeah so I I think Lee we we discussed this a little bit the other day and um I'll speak for myself uh I'm constantly looking for people to go into vacant spots um it's all about networking and that sort of thing with different people so that that that's ongoing and I'm I'm sure there are a lot of other people that that do that as well um you can put an owner and a potential tenant together but if they can't come to some sort of terms or agreement um that's between them the town doesn't intervene uh any way with with those kind of negotiations there are I'm not exactly sure in in any of these zones exactly how many different uses um that are proposed or are um accepted in all these different zones so there is a variety of different businesses and different things that can go into various zones within the bur so really depends on a person who has an idea thinks he's going to be profitable whatever business he wants to put in and then for the property owner as well to accept that business and accept the terms of of you know a potential renter or leie so when when a property has been bacon for you know four five six years it's just those conditions did not obtain there was nobody that could nobody that could make a deal with the owner to speak to the owner on on those kind of particulars but I know in uh in this case here just on this this Friendly's lot there was little to no action um there was one proposal that I think would have been probably detrimental to the buau um 50 units of apartment buildings on that one parcel there so with not adequate parking or anything else like that that would have been detrimental for schools our services uh parking neighborhoods all that sort of so guess and that's really one of the only things that I heard in the past few years that uh that came across the table just that one particular thank you I appreciate that I guess it's just hard for late person to understand what seems like such a great opportunity but I thank you could I add something I AB the master planning committee here spent almost two years with our town engineer and our town planner we went through all of the zoning all the um specifics we try to be open and look at it from a developers or or Property Owners point of view as well as Citizens but like I said we spent two years so we were trying to say we were very receptive to people and what would be conclusive and helpful for the far the citizens St we did work behind the scenes so it is up to date what we what we see that's out there it's available and and would be beneficial to the town as well to thank you are there any other questions on matters that are not on the agenda okay um we'll go to correspondence and bills Karen do you have any correspondence no I do not and Mr Kelly yes um I have purchased order number 202 4133 one from Phils price and GLE it's planning in general for $1600 I have a purchase order number 202 41332 uho Z Falone LLP legal services for $227 and purchas number number 202 41333 from maraz Falone LLP legal services for $227 if there's no questions I make a motion to approve I second that call please okay Mr yes Mr Gia yes Mrs Kelly yes M ster yes Mrs M yes Mr Kelly yes mayor car yes and Frank yes okay the next um matter that we have on the agenda is the application PB 1-2 uh excuse I'm sorry minutes I'm sorry yes um the minutes of the July meeting July 15th meeting I would just like to State one correction it's on page 331 is the first page it would be Mr M was advised to go before the council regarding an ordinance taking out Mrs de advice okay are there any other Corrections or additions could we have a motion to approve the minutes of the July 15th meeting so move second second all in favor opposed abstain the motion the minutes are approved uh we have the application PB 1-24 McDonald's USA LLC it's uh the agenda for completeness only and uh Mr Brewer our attorney is going to explain what the completeness means and Mr Thea do you want to come on up can listen to Mr this is this is really uh the first or the second step in an application may all know and you may be here from McDonald's really the first step is that the governing body uh drafts zoning ordinance says what you can and you can't do on various pieces of property under what conditions how big it has to be how far back it can be how T buildings can be and what type of uses then if an applicant wants to do something with it um they have to submit a very formal set of information an application plus a lot of formal pieces of information and there is a checklist a list of all the things that have to be submitted before the board can even think about and you think about whether or not it should be approved and that's the stage we're in now there's not be any testimony uh tonight it's just that's why it says completeness only it is they've submitted information and there's a few things that they're asking waivers for that's not appropriate when we do it later there'll be a little bit of that discussion tonight but there'll be nothing on uh the ABS the the consideration of whether or not it can be approved it's simply the question tonight did they supply all of the information that they are legally obligated to provide and should a few of those things be put off or waved that's what's going be answer once once the determination is made that they are complete if it's tonight or next month whatever it is after that then they will send notice out and you'll be notified when it will be heard when the actual hearing will be heard but tonight it is simply going it's only um and there's not going to be testimony from the applicant and all just going back and forth with the professionals on what was submitted okay so um we'll start I think with your report Mr Ryden your reports yes thank you madam cheers I have an August 2nd 2024 report that I submitted to the board uh regarding the completen of of this application um first we start with checklist e which is the site plan checklist uh the applicant is requesting waivers from 10 items under that checklist I'll start with with the and go through each one and describe what they are to you the first one is item 34 a b and e this is information regarding water courses Bridges and rock outcroppings on the property there are none of those features on this property so I believe it's not applicable the next one is item 35c this is for storm drains culverts within 200 ft of the particular property property in question there this development has no storm water impacts because it's a previous previously developed site so this is not as well next item is 38 a through C which is relates to Wetlands information again this property has no Wetland so I believe this is not applicable next is item 47d and E this relates to water wells or septic systems on the property there are none on this property so I believe that's not applicable as well item 50 is for information on Industrial operations and storage of chemicals that this this application does not involve any of that so again this is not applicable item 54 details of existing signs have not been provided the applicant is requesting this waiver because all existing signs are being removed they will not be relevant at all to to what we're going to deliberate so that again I think is Justified for waiver the next one is light lighting data and existing lighting not provided again all existing lights are going to be removed from this property are not not relevant to to the new development plan so I again believe that waiver request is valid next item is 57 this has to do with final Contours within 100 feet of the property this this development doesn't impact anything outside of its boundaries I don't believe that's relevant here either next one is is item 58 which relates to the environmental impact statement the applicants requested a waiver here they have there's rational that the site is already developed there's there's really no environmental impacts and I do note that they did submit a phase one environmental assessment for the property which has to do with the uh the past uses and what what might be there so I believe that's sufficiently covered and the last uh item under checklist e is steep slopes again there's no steep slopes on this property so I believe that is valid for w um Now we move to checklist F which is the variance checklist the first item there is 24g one through four this relates to an analysis of surrounding properties within 500 feet of the of the PQ the property in question these these this information we typically uh deal with when there's a a residential variance application like for a setback or or hide or something like that we need to know what all those other other buildings in the area are like to make some comparison this not related here so I think that's a valid waver request item 25 is flood Hazard areas again this is not in a flood Hazard area so it's not applicable item 26 A through C Wetlands again no Wetlands here not applicable item 29 steep slopes and this is lot there's some overlap here as you you're hearing from the uh from the other checklist Steve slops here again not applicable and item 30 is the last one for repairing zones likewise are no repairing zones involved with this property so that's the uh that's the list of waivers they're requesting and I'll be happy to answer any questions or that you might have I have a question um should the acend be giving us elevations of the proposed building have they submitted any elevations they have they have they have I and what about ours of operation have they submitted that that's not a checklist item that's that that will be part of the presentation when when the site plan application actually heard bill just uh item number 58 um have you reviewed report I I've gone through it yes it covers the U you know the it's more it's a phase one assessment is when the property is being transferred to see that there's no no environmental hazards on the site and I don't see any issues but again these are waivers only for completeness and they're not dispositive of of these items necessarily so that can be discussed in more detail as we as we move into the application so based on on your testimony here tonight and and the report you believe that the uh that the waivers are appropriate I do and that that they have provided everything and we could Grant completeness so yeah once these waiver requests are are acted on and if they're approved then the application will be complete all the other checklist information has been provided okay and and now I'll ask Liz um we have your your report um do you have any issues as to completeness I do not Madam chair I concur with Mr R okay excellent so you have any comments you want to make Mr there's a time to say things and a time not to thank you okay so um any discussion by the board as far as completeness is concerned no I mean I think they made all the requirements here we got enough uh information it seems uh so I I'll be happy to move U the waivers for the uh 10 waivers for uh checklist e and the five waivers for checklist five and deem the application complete do we have a second second I is that mayor car can we have a roll call though please Mr yes Mr G aglia yes Mrs Kelly yes M deer yes Mrs mcy yes Mr Kelly yes mayor car yes and Mr J yes excellent so we will see you back here next month you will do your uh notices and um we're looking forward to that before you go though I just want to ask anybody in the audience we're not going to have any testimony tonight you can't ask about any of the questions as far as this application but do you have any questions about how the process is going to go forward come on up and state your name and address and uh ask your question sure uh car uh 22 dayon rad I just had a quick question on the waiver for the environmental impact assessment like is that something that like I'm assuming increased traffic incre you know possible air quality impact like so is that an appropriate waiver to allow for if there's some there could be environmental impact well or are we just talking about like groundwater things like that correct and there will be testimony later on during the application process about owners lighting any spill over of those things so that will be taken care of when we have the testimony okay so it's still appropriate to allow the waiver even though some of that and these waivers are only for completeness only to deem the application complete okay okay excuse me sir I didn't I didn't get your name on your address Carl R 22 22 y does anybody else have any other questions yes come forward please I I'll yell from here mark Cas parer 120 Littleton Road so in the process didn't get your name you have to be on on the microphone so it's on the record mark0 Tom get that yes just in general so we're next month there'll be testimony and discussion consideration does does the final decision rest here or does it then go to the board of adjustment no it rests here okay and and so the way it will go is is the applicant will bring in each of his experts it'll start with their uh engineer I guess and their planner and and their traffic expert and each one of their experts will provide testimony okay our professionals will then have an opportunity ask questions the board will have an opportunity to ask questions of that witness only things that that witness testified to okay and then and then the members of the public will be able to ask that witness questions about their testimony when they've gone through all of their witness all of their uh experts at the very end everyone will have an opportunity to ask questions about the whole development about anything that's going on here and um and they will have an opportunity to make a comment okay so if you want to make a comment you can't send a letter you have to come here and and do it in person right okay and and that gives the applicant the opportunity to sort of cross-examine you you know so that's how it'll it's it's it's going to take a while it probably won't be over next next month so um you know that's helpful that gives a good perspective and the people that will be notified will be the people that live within 200 feet but it will be on the the bulletin board here it'll be in the you know as the notice said it'll be in the news fee and it'll be in the Daily Record but only the ones that live within 200 feet of the property will actually get a certified letter okay okay if there is a large interest in the next meeting more than capacity here will the meeting still be held then here even if it's potentially standing room only um we'll have to see what the fire department allows and we'll PL by year okay okay good than you're welcome can I ask a question sure for perhaps the benefit as a homeowner I want to my understanding that this is an approved use so they're not asking for varians for the use of it what I'm asking the town attorney is um we can deny the variances they're asking for depending on the information that's presented depending on how the board votes for is there any reason that this site this application can be denied just I'd have to see what comes in that's a very hypothetical question I'd have to see you know what they present um if they're asking for any variances if there's no variances at all there's always safety and safety concerns but it has to be on the site you can't add things to um you can't this board is not allowed to add requirements or add restrictions that the governing body hasn't put in their ordinance already your your job is to look what has the governing body decided what is appropriate if an applicant proposes something that the governing body said is okay you have limited ability to restrict so basically the the difference would be in the say they're asking for is that the only changes that we can ask for well the Varan are yes or no to would you grant them the changes would be something if circulation is more appropriate or something's more appropriate but that's kind of on a Case by case and how they present it there's if it's if it's a permitted use and they are not seeking variances or very minimal there's in a general hypothetical and not talking about this case at all limited abilities for this or to change the rules those rules are set by the government well I wanted to do it for the benefit of our homeowners that that you do have some understanding of what's involved here yeah I hope that help now you sp questions Carl 22 so going back to like you said the decision would be happening here but like if I'm not mistaken speed well is technically a state route correct yes and so if there is potential like traffic impact or something does the state have to weigh in at some point because of the fact that well is a state route or like is that a possibility of further complications of like the decisioning process or anything like that or the applicant has uh provided a traffic report okay it's very extensive you can read any of these documents over at the annex and we have our own traffic expert and he will testify as well okay yeah sure well often times applications um require approvals from other outside agencies and every resolution every time this board decides on something there's always conditions and before you can build or do anything you have to have all your other state local and whatever approvals you need sometimes DDP sometimes County Road get plan board this board doesn't do that they they say we can look at this board can look at what more Plains have the rules they put in effect but they also reference you before you go for a building permit you have to have all your other permits of to don't decide that but that is a condition of under right so just level setting on sort of like the timeline and the process like there's potential that like you guys may have to hold up your decision because you're waiting for the state to give no often times those are done on a parallel track okay and they are it is simply condition on it what the only thing that would change and this happens very rarely and this is hypothetical this has nothing to do with this application is that sometimes there is an application with a it's on a County Road or something like that where they are running a parallel track but a decision gets made in one place and the other entity deems that a change should be made then it would have to go back to the other one significant change but that's really the only time that there's a problem of they are separate deis thanks any other questions yes on up hi good evening Jessica Williams 22 St so you mentioned that um McDonald's be bringing experts my question is what type of information is the public given is there any Discovery process where we're allowed to do some research on who these experts are or absolutely absolutely they have to provide all of their qualifications and the board has to accept them as experts okay and that's done that'll be done that'll be done in public that'll be done at the meeting as they each get up to testify okay and they will be sworn in so that their testimony they are under oath okay so but we won't get I mean is there any information that we're going to get on these people prior to September 16th no Jill here 11 dayon Road I have two questions um piggybacking on hers will we know which experts will be at which meetings because I I believe this is not going to be done in one meeting um probably you want you may but the the way an applications are governed by the municipal man law that's a state law that regulates how applications go for they are uh aimed at the applicant having to do certain things and then having the right to build follow they do not we have to follow both the ordinance and State ball we can't we can't require more than the state say we can require and all I should say all that is what it is a checklis I have to provide all the information and then it's the applicant show they can determine who goes and when they go first state wall does not say that they must say in advance who it's going to be the questioning has to be reasonable so if they put on the first person and there are a lot of questions then they're not going to get past that person the first time if they're you know but but no by state law Municipal landage law does not require them to a meeting and you had a particular question for an expert then the next meeting you can't ask it because that expert's not there to no be no that you um they'll the board can require that experts be fully questioned by the board by their by our professionals and experts and the public I know what Happ no I understand but if I'm like if I didn't come to the next meeting for some reason and it happened to be an expert that I wanted to speak to I can't ask questions at the following meeting because that expert's not there anymore but at the end you can okay they'll have all the experts here the end probably okay I I would maybe and then another question just on the process um is it common to change the permitted uses of land with the anticipation of an application coming in now I'll I'll address that real quick yeah years ago they used to be and there was something it was called the um time of decision rule so um it used to be the rule that an application came in board started hearing it the governing body before like two days before the board made a decision to change the use and then they were out of buck and then have to be Den Minal the state said this isn't fair this is crazy an applicant shouldn't have to go through that whole process of change views now it's called the time of application rule so once the application get submitted rules can't change no use can be done so once the application is in nothing can change the rules no but prior to an application coming in like a whole bunch of different areas had different permitted uses changed in October but were things added or deleted to any of them I'm not talking just particularly this one because of the anticipation of an application coming in for that use no no absolutely not I mean this as as you know Mr Kelly spoke this process where uh we we reviewed and then the governing body adopted an ordinance to for the permitted uses in nonresidential zones and um members of the governing body had requested that the planning board do that make the recommendations because they wanted to um um provide more let's say contemporary uses things like um for instance in some areas you could have a brewery that we never had before but that wasn't a thing before Chang so that process took two years a lot of back and forth a lot of with our planed with our Engineers I mean long long time this friendlies was there for this particular one so that was already a permitted use a restaurant but then it was changed to a drive through correct correct and I just want to make note that the realtor for that property was advertising for a drive-thru a a year prior to being approved by the town that's all I want to say I think I have screen not to talk about this specific property number one because board can't consider it so I think I think things relevant they simply can't it cannot be part of the application I just I was curious if it was the permitted uses change because of that are there any other questions no okay Madam chair yes I would just like that um for members of the public my phone number and my name will be on the notices that go out to everyone within 200 fet um but if you're not within 200 feet my name is Frank bolo and my cell phone I don't see anyone writing I'm I'm not gonna give it to you it's I don't I live in moris listen I lived in Morris County my whole life I have kids I own a house here Etc so I'm a human being too you could call me if you have questions about the application as well you could look at the materials you could but I also like I said offer my cell phone which is 2011 that's from my old days in hobok and I want anyone saying no that's a Hudson County number 201 42449 too and call me anytime if you have questions can you repeat your number please yeah 21424 0492 you can call the attorney for these projects it's not when I did Restoration Hardware in moris in Morris Township I met with the neighbors all the time so if you guys have questions give me a call thank you very much y okay if there are no other questions we will we will we will move on to the committee reports the minor site plan committee I don't think that Mr is here master plan Review Committee do we have any new business do we have any old business okay then uh will someone make a motion to adjourn Some Mo second second all in favor our next board meeting is September 16th