##VIDEO ID:agY0zkbCu_k## I hereby call to order this regular meeting of the moris plain Board of adjustment on September 23rd 2024 all please rise for United States of America to the rep stands Nation God indivisible liy Justice for All I hereby announc this meeting is being accordance to chapter 231 of the open public meetings act proper notice of meeting dates been given to the moris newsby and the Morris County daily record and posted on the B board in Bur 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 reaching decision and they for appropriate through judicial hearing must be maintained at all times Karen call please Mr here mrz here Mr Mr here here Mr Webster pres Mr SCH here Mr R here and Mr C here all right no special announcements so great go right into meeting minutes are there any corrections the meeting minutes from the August 26 2024 regular meeting make a motion to accept the minutes as submitted second second all in favor Iain Ma abstentions this part of the meeting is to hear comments from members of the public on matters other than those items on tonight's agenda are there any members of the public who wish to make comments seeing none we'll close that part of the meeting and our first and only application for this evening's meeting is application b324 Chick-fil-A in 1711 Route 10 block 161 one the application has being reviewed completeness only tonight there will be no testimony heard I see an attorney approaching please um introduce yourself for the rec good Mr chairman members of the board Simone c c Law LLC on behalf of the applicant okay so um tonight we will ask the burrow engineer to review his comments for completeness and also um I believe that our planner's comments are substantively identical so pleas had to cover another meetings unable to attend but you can cover any thank back Mr check away please so I'm referring to my September 12 2024 letter to the board you and you and the other board members should have a copy of that um at that time there was one uh deficiency in in checklist uh in checklist items and then and in addition to that there were 17 waiver requests made subsequent to that letter being issued Miss cie submitted the information regarding uh item number two which was deficiency in that they had applied for steep slope variant so she they they amended the application submitted a an updated notice and an updated application form and and including the request for that so that item is satisfi so the the remaining issues now are to go well and one other thing and they also submitted checklist F which is the thei check so in there there's it's it's complete except for another series of waiver requests so first uh if if it's okay with you I'll go through the checklist e issues here the waiver request that is so uh how do you want me to handle this by by reference or by uh you know reference to the item number or by complete description of the whole the whole item I'll be happy to do it either way all I'll just give you a quick overview here so I item 31 uh has to do with showing setbacks on the entire property as you know this application is for a small East area on large very large property and and then in and of that in that small least area is is a very limited scope application so you just closer you want me to put it here no no put it um so where were we so that that that way we request I would I would recommend uh item 34 which is the location of water courses Bridges culverts Rock cropping Etc again it's not applicable I recommend that waiver request item 35 a through C which is again uh location of water courses Bridges covers Etc within 200 ft of the property for the same reason I would I would recommend that waiver item checklist item number 36 they're asking for partial waiver for drainage structures Etc which again are not not relevant here so I'm recommending that waiver item 37 flood Hazard areas Etc there's no none involved in this application and I would recommend that waiver item checklist item number 38 which is for freshwater wetlands issues again of that involved here so I'm recommending that waiver as well item number 47 which has to do with utility details storware management Etc again I'm satisfied that we have sufficient information in that in the site plan to to proceed so again that wayer request is recommended um 48 location of all Solid Waste Disposal fac now I believe they've shown all their ons sit's U disposal areas just jumping back to miss Laney's report she she seemed to think she didn't see those but I I I'm satisfied that they're there and and we're not we're not creating any New Uses here for a generation of of of solid waste so recommending that as well checklist item number 49 has to do with variances for or issues regarding multif family developments that's not the case here so we can I'm recommending that waiver item number 54 size location of all existing signs I'd like to hear uh possibly some some reasons for that from from Miss Cali that's to why that waiver is requested if you want we can do that now or let's let's do it now can we hear that if you can describe what 54 requ 54 requires very simply the size location details of existing and proposed signs so there are no proposed signs that that's why we request the waer Mr chairman there are no proposed signs but if you want to see existing well that's it says it requires existence I don't get I don't I don't know how so they're existing forain with no changes whatsoever that's correct so we'll we as board members at the that's not unreasonable request okay item 57 is the uh says the final site plan shall show final building for uh plans and elevations Etc there is no buildings here there is this Snoop canopy which they provided details on so I'm I'm suggesting that that that waiver be granted item 58 there's three parts to 58 one is for soil disturbance permit that's a um I'm I'm needing to hear some testimony on that the reasons that the applicant is requesting that that waiver there's minimal disturbance if any in light of this application I know we're proposing a retaining wall in the area I believe that's the request for the waiver due to the DI Minimus nature okay so we need to know how dious it is because if it's under 200 Cub yards doesn't need a soil disturbance permit if it's over then you wouldn't need one but I Su I would also note that they they're able to we are able to grant that request here with the stipulation that the applicant would then subsequent to to any action by this board we have to seek that um that permit from the burrow Council under a separate process so this is um so if during the course of testimony the number is higher than what was applied for and noticed to the public this board wouldn't be able to act on it and you'd have to come back at your risk and expense and time to the governing body understood Mr chairman we could probably provide that information between now and hopefully the hearing date to avoid any issue post approval should should it be well my my suggestion is we we grant that way we're here and then make make it condition of any any action you take after the after the testing if they need it then that condition would be to go to B Council get that per now the next is 58b and C which are tree removal permits and environmental impact there's this is there's no tree removal involved there's no there's no real environmental issues here so I'm recommending that waiver as well 59 is uh certification of compliance with the preliminary plan there is no preliminary plan so we can we can grant that waiver item 60 uh is if development is proposed in phases sections we need to see the phasing plan however there's no phasing here so again that would be applicable eligible rather for a waiver item 61 any public improvements requires final approval there are none so we can we can also my recommendation is we grant that wer request and finally item number 64 which is delineation of reparan zones which there are none involved here so that covers the the waiver request on checklist e now regarding checklist f there are there are 16 waiver requests checklist F is for the mar application first uh item on checklist that that that they're seeking a waiver is a copy of the zoning office's decision uh if an appeal is taken this is not here on on that basis so um that can be granted as well the next one is uh item 24 excuse me I just have a question did everybody receive this because I received the original today I have no copy of it from an email so I don't know if it came and I when you say when you say this what are you referring to uh for checklist F do you have checklist f it's uh I have it as an attachment to the Cali law letter dated 9324 stamp received 918 24 I have that's the copy I'm okay all right so it came in with your okay I didn't to okay um item 24 on checklist F has to do with u matters for bulk variances for lot size setback Etc mostly for for residential type developments where we where we look for color photograph of the neighborhood so all those AB a through G and G's sub parts one two three and four all can be waved in my opinion item 25 which is related to flood Hazard areas and Etc again none of that involv we can we can certainly read that item 26 is freshwater wetlands issues there are none and lastly item 30 which is delineation of raran zone now you know as you know from many years there's a lot of repetition between this checklist and checklist again uh so I'm recommending that that the checklist F wavers be granted as I just outline and that the board can deliberate on those other requests that you heard some input right so before we deal with completeness let's just deal with the uh laundry list of waivers that were requested any of the board members have questions on the waivers the recommendation be heard from the engineer I just have one on 54 that's on the signage right and then you know comparing it to Liz's note so are we saying there is no new signage at all that's correct okay because then she was like asking for all the details of everything that's there but it's already there it's already there okay thank you I think for me the only open question is the 58a talk about we want to address that but everything else I don't concerns with and agree with uh Mr Ryan's report so I think on 58a we can recommend the waiver and then one of two happens before the in the next week or so their engineer determines that uh oh you know we are over the threshold and then they can submit whatever needs to be submitted and notice appropriately then we would hear it as part of our case and if not if the engineer doesn't find that and during testimony a condition of approval if approval were granted um would be that they have to go back to the goverment body as a separate application that's that's been done that process it just extends their their their timeline for finalizing the site plan but it can be that's perfectly valid way of doing questions on Wai is there a motion on waivers only for I do have one more question um for number 48 Liz it's the location description of all solid storage facilities won be one that's there that be moved or to make room for the additional canopy I'm I'm not positive I have to ask my Engineers the honest answer I know we're not changing anything but if we're moving it I'm I'm just not certain okay yeah my only thought because I know as you come around that you know the dumpster is right there so I don't know if you do actually need to move the solid waste storage area but Bill you're seeing it on the plan yeah yes they showing what's there now okay and and the plan does note that they might have to modify one corner of it to to make enough clearance for that attorney movement but it's staying where it is thank you any other questions on waivers all right so before we get to a motion um so Bill you you would recommend it incomplete administratively then received additional information but it was not 10 days in advance so the public might not have had a chance to see it or well that came in on the well 9324 came in on that or it came in on the 18 I'm sorry the letter you referred to before was comment number one the information that responds to comment number one right that came in under letter 9324 from okay but our burrow secretary received it on the 18th I think I just sent that checklist that corrected um application to not the steep slope variance and updated our draft draft notice last week okay I I don't know the time i' love to say that it was the third but I'm pretty sure it was last week all right so we do not have a written report yet from our engineer nor our Planner on that but that sounds like it might be the only thing if we if we recommend waivers where intended to make a written report on that that's okay that supplementary information you except what I just put on the record here as my report all right so hearing that I have no questions on complet so you would you would based on information on hand recently received your recommendation is we are now complete administratively yes with the waiver request right with the grant of the W rather so any questions on board members on that last item of completeness is there a single motion that would deal with completeness and waivers motion to Grant all the W requested and application is there a second call please yes yes Mr Cortez yes Mr yes Mr M yes Mr Webster yes Mr schz yes Mr Rises yes and Mr CC yes all right the application's been deemed complete uh responsibility as you know for proper notice payment of escrow all that has to be deemed appropriate before we hear testimony the board's calendar allows for Testimony to begin at the next regular meeting for clarity I want to share with board members a conversation an email conversation I have with the pr engineer um regarding traffic so my question was do we need the Burrow's traffic consultant to me this is engineering not traffic you agree I don't believe so so par we don't see you need to bring Harold MZ in okay I'll tell there's no new gener traffic generating right okay and just just one more I probably should have said before you moved on it but these these W requests are not dispositive of the issues if anything comes up during the course of the hearings that we may need to get that information board can always ask for so they those issues AR resolved just by moving it to be administrative I I I know you do but I just have to say it again right do you intend to uh be ready for next month we do would that be the October 28th date Mr chairman listed on your agenda yes fantastic thank you correspond bills there are no correspondence nor bills any new business old business just curious if there's anything on Franklin Place no nothing at all nothing at all as I said the last meeting I requested $3,000 in escra brought in the check and I sent him the you know the agenda and everything come in last month and uh hasn't been anything from since thank you old business Mo Jour move second second all in favor