##VIDEO ID:V3QAVjyLDec## e e Tillery will be chairing this evening chairman you may start the meeting hey good evening Zoning Board of adjustment meeting will please come to order adequate notice of this meeting was provided in the following ways notice published in the cier news notice published on the bulletin board in the municipal building notice made available to the Township Clerk notice sent to the carrier news and the Star Ledger with the clerk please call the RO Mr Patel yes Mr reio yes Mr BL yes Mr haaka here Mr Mondo here Mr Ellie here and Mr chairman tillary here okay will everyone please stand for the salute to the flag please to the flag of the United States of indiv okay Mr Canal are there any changes on tonight's agenda the application Lane ised October 24 no further noce the on switch application in New England Avenue is adjourned until October no further notice the face Skil application on 7th Avenue is adjourned until October 24th with no further notice finally the Wellspring adult dayare on H Lane is detoured until November 14th with no further notes those are all the changes that I have thank you okay we're gonna go to item number five 24- zb- 19B so Suma Sharma is sushma Sharma present yes I am okay I need to swear you in could you raise your right hand do you swear that the testimony you're about to give should be the truth yes okay put your hand down give us your name and address and explain to the board while you're here uh my name is sushma Sharma the address is one BR Hollow Road CC New Jersey 0 8854 and I'm here to uh for the variance which I've applied for a shed do you also want to keep an existing fence and accessory structures that's right yes okay Mr chairman you may want to talk to Mr MOSI about this report yes good evening everybody so essentially there are three accessory structures constituting about 240 ft of area I had someone representing the applicant stop by our office they indicated a willingness to remove accessory structures as the board saw fit to reduce the overage on lock coverage uh there's a few items in the staff report including a condition that the fence May remain until it is ever replaced repaired or removed that the fence must be installed in a conforming location uh and all remaining accessory structures shall receive applicable permits and approvals from the building department so if the applicant is agreeable to the terms laid out in the uh staff memo I believe we can determine which accessory structures we'd like to have remain M are you agree with what yes okay you're breaking up again Mr M do you have any advice the access struct yes according to my notes should be was supposed to be removed on the 31st of August did that happen yes it is it okay so that reduces that reduces is the building coverage by 85 square ft uh and there was also a freestanding covered roof attached to that shed was that also removed is is it the Gazebo you're talking about there is one gazebo type the Gazebo that's attached to the shed no the Gazebo has not been removed it's there the shed behind the Gazebo has been removed okay so that means there's two remaining non-conforming accessory structures uh with approximate square footage so if the board would like to see one removed that would greatly reduce the amount of overage on the building coverage for the lot so that that would be my my recommendation so you're recommending that one additional be removed yes are you agreeable to removing shed the shed there are two uh as per Jonathan what he explained was there are two more two more structures right one has been one has been removed out of the three so there are only two more one is a gazebo and one is a shed or shed where when we put in our what do you say all the tools and everything we have kept the tools and everything so there are only two structures now so would you be agreeable to removing the Gazebo uh okay if you I'm not sure on that because that's the place where we sit but anyways yes if you say so that it has to be removed so we or we can remove the shed where we have kept our tools I don't know any one of them has to be removed only only one would have to be removed I I think if you have tools it's okay to keep the the shed it's in a non-conforming location so you'd have to agree that if the shed needs to be replaced that you would locate it in a conforming location yes but the Gazebo would would reduce the amount of building coverage that you have so I would that that be removed okay if they remove the Gaze and they've already removed you coverage would um I could calculate that again but it would take me me a moment if the board is agreeable we can uh get that figure toor I would really appreciate if I'm allowed to keep both of them so that but whatever the board says I'll agree to that okay Mr chairman you may want to open it to the public to see if okay uh I was going to open up to the any board members have any questions or comments anyone from the public have any questions or comments no one chairman okay uh public portion is closed I uh make a motion to approve this application can I get a second all a second Mr Tillery yes Mr Patel yes Mr reio yes Mr BL yes Mr Haka yes Mr Mondo yes and Mr Ry yes M your application approv as as you remove and already our next meeting and send that to you okay thank you have a good night okay thank you okay moving on to item six I can leave the meeting now yes ma'am okay thank you moving on to item number six 24- zb- 44v William Bender is Mr Bender present Mr B yes thank you your name and address please William Bender 9 Harmony Street Piscataway New Jersey 08854 I'm requesting the granting of a bulk variance for my fence Mr chairman Mr M Rec yeah thank you um I want to clarify one or two points uh Mr Bender this is an existing fence that you're trying to retain fantastic have you spoken with your neighbor at 14 Lyon Street I sent them a letter out but I'm in Florida so I'm not there okay I understand Florida right now so I understand yeah um my concern with this application was the visibility of the neighbor coming out of the driveway creating a safety concern my recommendation or my uh my thought was if the fence was brought in to be in line with the side of your dwelling that would provide a safer site triangle for uh for the neighborhood no one's ever said anything to me so you know been there for 36 years okay so I mean again um yeah that's not seeking relief though if I pull it to all the to the line of my house then I got to move the whole fence which is what I'm trying to seek relief from tonight still be in a non-conforming location I I'm not sure what you're saying uh by moving the fence to be in line with the house we're still it would still be uh relief from the uh total distance we need to be so it's it's we meing in the middle well you're required to have 35 feet and they're proposing 19 feet that's what he means by relief okay I don't know how many feet it is right now to the street uh again I'm not there so uh that fence has been there since I bought the house in 88 so I just replaced it with a different fence so I don't know what the regulations were originally thank um but again my whole purpose was to try to not move the fence that's why I'm trying to go through the variant here with you folks um so I don't know what else to say I don't I don't provid those tools and wanted to they the application because any evidence evidence of what in particular what are you speaking of uh you need to justify the Vari that you were seeking and to do that you have to provide the with evidence not just you want it evidence okay um I don't know I tried to follow all the steps that were laid out I'm not sure exactly when you say evidence what what else I was missing here you have to provide justifications under the land latify uh again I I notified everybody I don't know what else I'm you know defense was there I just replaced it I notified all the neighbors nobody has any problems with it um there it's not a it's not a line of sight issue on the corner as I've been told from a memorandum from the zoning board so I don't know what else what else else I would should should have done or what I could have done or what I can do I'm at a loss to understand that I guess did you get a fence permit to replace the old fence uh no I did not so again that's why this whole thing ensued okay the contract did the contracted a contractor as a contractor but I didn't know I needed another um uh permit when and the fence was already there and I just replaced it so that's why that was the disconnect I had I did not realize that had to be Reed under under zoning if you have something that's non-conforming and you remove it then you lose that grandfathering if you had repaired it then it was pre-existing that isn't what you did you took the old one down and put in the well different fence chain link yeah I'm surprised the contractor didn't say something to you okay again a chain link would be allowed though four foot chain link your corner is allowed to the property line you put a solid feds up that's where the issue was okay um okay um well that's part of the relief on here but I'm looking at the notice form um proposed um uh six foot vinyl fence located along the front uh yard property line and within the front yard setback uh proposed that's what's on here 21- 61193 dot. one um so I guess I'm just a little confused as to what you're saying and what I'm what I was supposed to do thought let me Dy help you you had a chain link fence you just heard from Laura that was conforming to the ordinance right four feet high it was open now you've got a six foot high fence solid right uh in the same location the problem is that one does not come on the a you want to think about what was offered to move the fence uh was it to 19 feet from the right away yeah and as opposed to 35 ft which is what the ordinance requires it's like a half a loaf here and might want to consider it I don't think it's a big project to move that fence well if it's 35 no not what we're asking for asking for 19 feet okay 19 feet would take it to the line of the house is that what you stated yes okay so I'm still moving the fence all right so that's pretty much where I started here um that I had to move the fence and try to get a variance so I didn't have to move the fence but what you don't understand is what the board attorney said to you is if it's rejected you have to eliminate it all together right I understand that I that I understand now uh if it's 35 feet there is no fence it's got to all come down because no forget the 35 we're talking about 19 feet right but that's why I'm here to Move It from you're saying from the 35 to the 19 proposed instead of 35 so which is the Zone what is has offered you a compromise okay 19 okay right um okay um if that's all that can be offered to me I I don't know what else to say and I guess that's what you guys are folks are saying so um okay um I guess I I have to settle for that then it's fine okay okay does any board members have any questions or comments okay anyone from the public have any questions or comments no one chairman okay I make a motion to approve this application I need a second I a second Mr Patel yes Mr AIO yes Mr blown yes Mr Haka yes Mr Mondo yes Mr Ali yes and chairman tillary yes your appr thank you okay we're gonna move on to item number nine 24- cb- 41v Venture net Properties LLC uh good evening members of the board board professionals my name is Tim Arch I'm an attorney licensed in the state of New Jersey I'm here representing uh ventur net uh this is for a a property located at 425 hose Lane uh you may recall approximately five months ago we were in front of you and you were gracious enough to grant us a uh temporary zoning permit um to utilize one of the two existing buildings that are on the site uh to store uh materials uh just to to remind you uh my client is a uh Home Furnishing uh company um they want to use this property at 425 hos Lane as their North American headquarters um they you know they they sell uh uh Home Furnishing uh Furniture things of that nature um we want to ultimately uh uh turn that property into uh not only their headquarters but also a showroom um and a uh whole bunch of different site improvements sort of similar to the FW web um building if you're familiar with that in Piscataway um we are diligently working on that site plan uh we our Engineers are meno Engineers uh they uh hope to be done the the actual full sight plan drawings within about a month's time uh so we're confident that we're going to be able to submit our full site plan uh application uh before the end of the year um but the delay was uh because of the new 2023 flood Hazard rules we had to do all new survey uh of the site flood Hazard surveying and that that just took longer than what was expected um so we're asking tonight essentially for two things number one is we're asking for an extension of that six-month temporary use um that way it'll allow us to have that additional time to get our full site plan in uh again we feel that we're going to be we're confident we're going to get it in before the end of the year but that six months gives us a bit of a buffer for the staff to then review it and for us to actually have a hearing within that time period um so that's the that's ask number one the other ask is you had allowed us to there's two existing buildings building one and building two too you had allowed us at the uh with the original temporary use uh uh permit to do internal fit outs of building number two and use that to store product uh we're not moving anything back and forth on the site we're just storing our product there and doing an internal fit out of the building and we've done that uh to building number two uh and we we're storing our product there now um the reasoning for that was the say uh was what it was back five months ago which is obviously we're we're trying to make the most efficient use of time and and do things on the site that we can hopefully do uh at our own risk obviously um uh before before we get in front of you for site for full site plan approval so that's all been done uh so we're asking you if you would consider extending that temporary use to building number one and allow us to do a fit out an internal fit out of building number one and to be able to statically store materials there as well during this time period uh while we're getting our site plan uh in front of the board uh we recognize my client recognizes that if you were to grant that it would be entirely at our own risk uh such that if you denied our site plan or if you uh if the board required or the board professionals required amendments to our site that affects something that we've already installed or put in or built it would be our you know we would be on the dime to to change that and to and to amend it and that might just be uh potentially money wasted and my client is aware of that um so we have two staff reports and I think we can address all the questions in the staff reports and I do have only one witness and that is Mr um uh James uh uh Chen who is here uh he is our architect he's also here as a representative of ventur net um and so I would ask if we can have him sworn in I think we can go through the reports fairly quickly and uh that's all I got CH raise your right hand yes I do okay thank you your name and address please uh my name is uh James Wen 29 l Park Road Princeton New Jersey uh New Jersey 08540 okay I'm a principal of um jwc architect J uh thank you I would ask that Mr Chen be uh uh um accepted as a an expert in uh in architecture he was previously I believe at the last uh hearing we had on this I had I don't recall him testifying I I believe he did at the at the original temporary use but um in any event I would ask him uh to be uh recognized as a as a licensed architect in the state of New Jersey and you're a licensed architect in the state of New Jersey yes I do thank you Mr I think you accept yes he's fine yes okay uh okay so uh first question James is uh you heard my introduction uh is everything that I said in my introduction accurate as you are uh uh as you are aware of the site yes sir okay uh we do have two reports and so we'll go over those two quick uh very quickly one of which is a I'm calling it the tri party report the one that's signed by uh by Dawn corkran Joe Herrera and John Mahi uh that was dated August 21st 24 I want to just go through that with you very briefly uh so the first question was testimony should be provided as to why we are seeking extension um I think I covered that in my introduction but we need that additional time to get the site plan together uh and we feel that we should be able to do that by the end of the year is that correct James that is correct yes sir okay uh number two says the previous approval um uh uh indicated that there would be no storage of any hazardous materials within uh the building we would uh agree number one there is no hazardous materials and we would agree to continue not storing any hazardous materials and if they granted us the ability to utilize the other building in in a similar matter we would do the same and and uh agree as a condition that there would be no hazardous materials is that correct that is correct yes sir excellent uh number three is indicating that the application has to be approved by the Township Fire commissioner um same as we did with the first building you agree that we will have to work with the Township's fire commissioner to make sure that um every all the you know it's up to fire code and that uh it is up to his satisfaction in terms of safety is that correct that is correct okay and one of the comments here is it it indicates from the demolition plans that uh the fire suppression systems are proposed to be removed it's not the entirety of the fire suppression systems if you can just very briefly explain what we are proposing in that other building um uh to do uh as part of the demolition I'm happy to the building number one had a two story currently it's a two story structure and uh each story had about 13 feet ceiling high from the floor to the structure dech and given the mechanical space and the res drop the ceiling and the clearance of the structure is not enough for the client to store the material what they seeking for so we are proposing to remove part of the second floor structure entire a portion of the structure enable to us to provide a higher ceiling and uh in fact we'll be losing about 20,000 square foot of the era by doing so um that's the reason the second floor the the first floor portion of the spring system it will be removed in conjunction with the structural removal okay but but the second floor sprinkler system will remain and it will be modified to provide adequate fire protection for the entire facility okay so we're not removing the entire fire suppression system and we are going to make sure that it is uh um modified and working properly for the interior fit out that we're proposing correct that is correct yes sir okay and I believe the last question was just a timing schedule so that to ensure that no further extensions are necessary um what I said was correct that we anticipate that we will absolutely be uh putting in a full sight plan application by the end of the year and given that we won't need to request any additional extensions is that correct that is correct yes sir okay I want to jump over to Mr Chadwick's uh report dated September 5th um there were uh three comments I think we've pretty much Hit Upon all them but I just want to you have two excellent thank you Mr Chadwick um I have no further questions at this time of uh of uh Mr CH okay does any board members have any questions or comments hearing none I got I got one um you mentioned the fire Commissioners I believe it's the Fire Marshall who has to uh approve everything um just to make sure um is that what we're we're talking about we will uh we will certainly work with any Fire official that has jurisdiction I believe it was the I believe it's the Marshall uh it's Pas scataway Fire Marshall that I I believe has the the signal I apologize I was just reading there there's two jurisdictions the Fire subcode official and the fire marshal okay and we we agree to satisfy obviously any any official that has any jurisdiction over those that's all I have I'm sorry okay concern beened amount of truck traffic I'm not sure be any thatas am perhaps the uh certainly uh uh James in terms of uh what we're asking to do to fit out the building uh one is basically what we the same thing we did to building two originally which is modify it to just store items there not your total is 487 not to utilize it as a distribution center where items are going to be going in and then going out and going in and this is purely this is purely going to be a uh static storage usage until and if get full site plan approval to allow any other uses on that site is that correct that is correct the main distribution the receiving and the assemble and the shipping it will be on the building number three which is we are waiting for the finalized side plan and which we just got a clear uh completed the new flood study so we have a clear finished elevation to complete the building design correct so no no type of there's not going to be any sort of distribution or any sort of truck traffic coming in and out of the site uh until or when and until we would get any sort of site plan approval this would merely be to fit out that uh building one during that during the time period of uh of site plan approval and just use it to store materials because if we weren't storing them there they would have to be stored some offsite which would be an additional cost an additional uh um burden and would ultimately have to come onto the site anyway at some point in the future so doing it now versus doing it then doesn't actually generate any additional uh truck traffic than what would uh be we would essentially just be postponing that down the road yeah your statement is absolutely correct one of the elements of a temporary use think the satisfaction aspect clearies S without s uh I I think I got what you said Mr Canal you were cutting in and out there a little bit but I think I understood what you said uh uh James if I could if I could and I don't know if my uh is uh is the client on the call as well I just want to confirm if they're on as well just so that they can hear Hey deie and Thomas are you both there yes I'm here okay that was okay I just wanted to make sure that you were on so just so that you understand I believe what Mr canel is indicating is that uh the township is not necessarily comfortable at this point under a temporary use permit to extend the amount of storage and the amount of work being done on the site from one building to two buildings without a full site plan coming in and so what I think what the suggestion is is that they will grant the extension of the existing temporary use permit so that we can still utilize the building building number two that was already fit out and is already storing materials um but they want to wait until we get a full site plan in uh so that they can fully assess the site before they're allowing any additional um uh construction and storage on the site I believe that's what Mr canel was indicating I apologize if I if I've misinterpreted that at any point no you wer correct I'm sorry I was breaking that's all right yes um would you be would you be okay with that considering that we're that we're very close to being able to put that site plan application in I think it Mak essentially is the difference between maybe a couple months uh at most is that is that something that's maybe acceptable yes that's uh that's okay okay uh so Mr canel I believe that if the board were were um uh able to Grant the extension of the existing uh zoning permit uh we would be agreeable to uh to that and not extending it to the other building um and we and that'll be more motivation get the site plan in even quicker and and that addresses all of concern I don't know if there's any other board members that have anything or okay does anyone from the public have any questions or comments no and chairman okay I make a motion to approve this application can I get a second second uh Mr Patel yes Mr reio yes Mr BL yes Mr hia yes Mr Mondo yes Mr Ali yes and chairman tillary [Music] yesi thank you have a good night okay moving on to item number 10 24- zb- z56 V Solair America limited liability company good afternoon Mr chairman members of the board my name is Peter chanas I am an attorney at the law fir of Highland leevin chyro my office represents the applicant of Solair America LLC um this is for the property located at 555 New Durham Road also known as block 8501 lot 45.02 uh there's currently a Wawa on this site the convenience store and the gas canopies obviously uh and the that is before the board tonight is very very simple we're simply looking to install solar panels on the gas canopy of that WWA uh technically because the WWA itself is not a permitted use within the uh the r10 Zone which is where this property is located we will need a use variance uh in in the sense that we're expanding um an existing non-conforming use and we need a variance from section 21501 in addition solar panels according to the the Township's code are conditionally permitted as um on any on all principal structures within the township I believe or in certain in this particular Zone however this is being install installed on a an accessory structure so we need a variance from section 21-11 4.3a um I would note again that this is a really a very simple application again we're simp be installing solar panels on top of that gas canopy I would note that per uh Mr Chad uh review letter dat August 23rd of this year it notes that the solar is an inherently beneficial use which typically takes care of the positive criteria relative to a um a variance of any kind uh and it says in his letter quote only negative impacts are to be addressed and there are no negative impacts which we would agree with 100% I would also note that in the uh letter from the division of engineering and planning and development dated August 22nd of this year it says quote the propos solar installation is an inherently beneficial use so it also acknowledges that the positive criteria is essentially met here and then it says quote will'll have a minimal visual impact on the site um with that said uh I do have one witness with me here today that is Mr John scorsone who is the principal over at Solair America um John uh can you hear me yes I can hear you can you hear me yes yes yes thank you your name and address please my name is John Sone president of cair America my address is 207 South State Road Upper Derby Pennsylvania 1 19082 thank you okay John we've done this a few times in a couple different townships so you know the drill please introduce yourself describe your role at Solair America and let the board know what we're looking to do here good evening uh my name is John I president of Solair America we are partnered with Wawa to install solar on all gas canopies in New Jersey um we uh currently uh have developed over 135 already in the state and as Peter alluded to we've done quite a few of these meetings um in the last few years and what we're looking to do uh per our contract with Wawa and our partnership is to install utilize the gas canopies to produce uh renewable energy for the stores and exclusively the stores our canopies usually our sore canopy um project pretty much on average uses about provides about 20% of the WWA power okay and describe a bit how the you know how the process works how the the canopies are installed and um you know I think they're they're going to be located about um what was it I think in technically above the uh or what is the measurement there that's that's exactly right so they uh are attached directly to the existing roof which is a um a a metal roof a standing seam roof so our racking is attached to the metal uh to the metal roof and the panels are attached to the racking approximately it fouls the exact um angle of the roof it does not protrude over it or any on the sides the tops or the bottom it stays within the footprint of the roof um approximately about 6 inches off the existing roof between the the roof and the uh and the panel okay and there's um there's no danger of any kind of glare or anything like that with the panels no so it's a misnomer we get a lot in these meetings um solar panels actually absorb light they do not reflect light um so yes there is no reflection whatsoever it's actually exact opposite um and also we use all existing infrastructure so there's no new infrastructure going in so all current uh conduit that's required for the project is already installed for the construction of the of the uh building pre-installed so we're not adding anything except for the panels and all wiring and things like that that's located underground correct that's correct okay I think that concludes my direct testimony uh we would invite questions from the board of the board professionals someone address the rest of the M Mr ke if I'm pronouncing not same correct I'm having trouble hearing you you kind of breaking up yeah it broke up on me too I apologize you address report4 yeah if you could if you could address my report uh that I signed with Don and Joe did so uh the first item I think it just again I've quoted it already it mentions that this will have it's inherently benefici to use and will have minimal add visual impact on site uh I can say and John you can confirm that the applicant has no problem with item number two securing all necessary approvals and permits through the building department and the fire commissioner that's no problem agreed items three through five um are a bit tougher simply because that's a bit beyond the applicant we are not the owners of the property Wawa does own the property so it's tough for us to say that we'll remove move any dead or missing Landscaping can fix the broken concrete or any fade striping simply because it's not within our power to do so I can with wa then you can tell Wawa that they need to take care yes so I can answer those three so our construction will not remove or damage any existing Landscaping whatsoever it would also not damage or remove or any um existing asphalt or concrete we are not in any we're not adding anything to the site except for panels to the roof so those items would not be an issue for the construction whatsoever um none it is not applicable to this installation no but the items remain necessary clean to the while well I'm just saying it's a a move Point none of those John very it's it's we're we're not saying no again if the board wants wants to condition the approval upon those three items that's we can't necessarily disagree with that um but that's that's the board's pleasure that's fine thank you great and I think that addresses all of the comments on both of the both of the reviewers I don't have any further comments okay does any board members have any questions or comments yes um he did say that they would uh comply with uh the should be Fire Marshall not the inspector Fire Marshall in regards to the installation or anything with the township yes correct we need through the building department or the fire marshal fire commissioner whatever the appropriate uh positional term is there we're would Absolut absolutely be agree with that okay thank you any other board members have any questions or comments does anyone from the public have any questions or comments I keep muting myself I'm sorry no one chairman okay I make a motion to approve this application uh can I ask for a second second hold on Mr Patel yeah Mr Rio yes Mr blown yes Mr Haka yes Mr Mondo yes Mr Ali there he is he's driving Mr Allie yes yes thank you and Mr uh chairman tillary yes your applications been approved Lu thank you so much thank you everybody the board okay good luck thank you okay moving on item number 12 24- db-42 43v Fox and fox Development LLC thank you Mr chairman members of the board my name is Kevin Morris attorney Woodbridge New Jersey I'm appearing this evening on behalf of the applicant Fox and fox Development LLC subject property is block 1401 Lot 2 located on N9 Stelton Road in Piscataway the applicant is proposing to demolish the existing structure at the subject property and to construct two separate townhouse buildings each of those buildings will contain six units those units will be two-bedroom units so in the total will be the construction of two uh excuse me 12 two-bedroom townhouse units I did submit our affidavits of publication and mailing uh previously I wanted to confirm that they have been received and that they are in order that the Deport as jurisdiction to proceed this evening they were received they are in order jurisdiction proceed thank you I have two witnesses this evening uh one will be Stephen Fox who is uh testifying on behalf of the applicant one of the principles and I have Angelo valetudo who will be testifying both as our professional engineer and our professional planner if uh Steve Fox could please be sworn Mr Fox could you raise your right hand where that testimony your investigation the TR yes sir thank you your name and address please uh my address is 940 Amboy Avenue Suite 101 Edison New Jersey 08837 thank you all right Mr Fox you are a principal or one of the owners of the applicant Fox and fox develop LLC is that correct yes sir on and the applicant is a licensed builder in the state of New Jersey is that right yes it is and you also and you are also a licensed realtor in the state of New Jersey is that correct that is also correct and you have been involved in both of those businesses for I think about 32 years now yes all right now the business of the company and you have a business partner Bob Fox that's the two x's you've been in business this entire time with correct correct you and you're in the buiness business of uh two things number one you are Builders of uh new homes and buildings predominantly middlex county is that right correct and in addition to that you also have uh residential real estate holdings I understand about 150 units that you uh various different buildings in middx county that you self-manage and run as part of your business is that also correct that is correct right now you had the pleasure of testifying before this board back in 2018 the board may be may recall uh at a property right up the street 19 Stelton Road not far from this subject property uh where you you received approval and built a beautiful mixed use building uh with residential units above and commercial use below correct yes sir and that building has up been up and running for years and I understand it's been very well received in the badway community is that right absolutely now the proposal before the board this evening is for the construction of as I said 12 two bedro town houses in total is that right yes and these will be uh units that will be offered for sale is that correct at market for sale yep all right now uh I understand that you have a color rendering our architect wasn't available this evening but can you share a screen and pop up a uh color rendering of the uh give me a second I see that you're as computer lited as I am Kevin I played with it for 10 minutes and I called help okay is that good Kev I can't see anything so I don't know um did uh Laura could you allow me to share screen yeah you can you just said share screen on the bottom it you be able to come right up you did I'll do it again we'll do it again there we go oh good okay so this is um one of the six unit buildings um this is the front facade and Kevin and board members I could scroll when you want me to scroll Kevin okay yeah so this obviously gives a depiction of some of the colors although it's doesn't come across exactly as as great as what I look at it as a PDF flip over if you could for the board just before you before you do that is this the same rendering that was filed with the board I don't recall Shutters on the front the side correct no so thank you Mr Chadwick I should prob we should have this marked as A1 for identification if that would be acceptable to uh uh board counsel yes all right so Steve uh just for the record uh we're getting ahead of ourselves what you have produced here is A1 this is from what I understand a color rendering of the architectural plan that was submitted in this before the board however certain enhan have been added to what was previously submitted to the board is that correct yes it is according to Mr Chadwick's letter we applied uh every all of his comments to this new rendering all right so for example there are Shutters on the front of the building now that were added from the original plan is that correct correct and I believe you have some side El elevations if you could flip to that also also the left and the right side we added more windows um as per Mr Chad's comments okay are the shutters there as well yes sir yep they're right there thought yep okay so uh this is a depiction of what we intend on building now look our engineer is going to testify uh regarding the site details and he will go through the bulk of the three uh professional reports that we have but uh some of uh the items require your testimony so I'm going to direct uh our attention to the uh in-house memo of the division of engineering that's dated September 23rd uh item four uh you've confirmed the units will be for sale uh please tell us how a trash recycling will occur that would be item six of that memo yes what we plan on doing uh with the trash and recycling is um of course this will be a uh first sale condo unit so there'll be a condo association and with that we will hire our uh garbage company that maintains all of our properties will provide one garbage pal in one recycling pal that homeowners will store in their garages and nights before pickup they will be put in a p pad area right outside their driveway okay now uh moving on to item uh 13 of that memo there was a request for the pvers between the driveways uh being replaced with Landscaping we can accommodate most of that is that correct absolutely we'll we'll change it over to Landscaping but like I said we just want a little bit of a pad to be able to place those Recycling and garbage Pals on for the days that they need to be picked up okay so uh we can make that adjustment as you've stated item 14 of the memo talks about additional amenities a locking Grill some tables and benches near the Gazebo uh is the applicant prepared uh should the board look favorably to add those additional items to the satisfaction of the board absolutely we think we think that's a great idea also you're willing to coordinate the Gazebo uh color scheme in a manner to complement the architecture of the two buildings to be worked through with the uh Municipal officials is that correct yes it is right and then item 15 I think you've sort of covered it already and this is also Dov Tales into Mr Chadwick's memo but uh this is some color uh some additional items and if the board looked favorably on the application Mr Fox would the applicant prepared to to uh take what you started already and otherwise finalize this in terms of the color schemes shutters and so forth to the satisfaction of the uh the uh staff's concerns yes definitely okay now um and for the record this was produced to address the uh comments 34 and five of Mr Chadwick's memo dated September 17th and uh our professionals again our professional will cover the rest of this is that correct yes all right so look I have no further questions ladies and gentlemen at this time of Mr Fox he will be available through the entire hearing uh some of these were uh testimony items he needed to complete with regard to the memos Mr valetudo is going to testify about the site plan and the rest of the memos so so you want to have Mr Fox stand down and ask them questions now or wait until we complete the rest of the engineering presentation and hold questions we leave that up to you hey that's fine okay so then uh you can stand down for the moment Mr Fox and stand by and I will next call Angelo valetudo who happens to be sitting next to me in my office because he's another computer literate person and he figured he wouldn't have to get blamed if he couldn't log in so I've got him with me and I would ask that he be sworn please you I you're coming across on the player button you swear that the testimony your investigat should be the truth yes sir I do Angelo your name and address please sure Angelo j valetudo v l t t t o 424 amb boy Avenue Woodbridge New Jersey 07095 licensed professional engineer LIC professional planner state of New Jersey both LIC Mr chairman Mr chairman accepted as yes I found them both accepted yes all right so then just thank you so you you accepting me as a as an expert in both professional engineering and professional planning just so the records clear and we thank you yes all right so Mr valetudo you prepared the site plan that is before the board this evening is that correct I did with the assistance of a licensed surveyor and of course Mr Fox and the architect right can you please describe the property as it exists in the proposed development sure the property as is shown on sheet one of the San that was submitted is on the easterly side of Stelton Road having a frontage of 13436 feet in the front and it Narrows only slightly at the back easly side 13356 similar it's not a complete Square so the depth is varies from 24.8 fet on its Northerly side uh down up to 220 ft on its southernly side the property did have a structure on it that was uh removed and there is also fairly extensive Paving throughout the property uh as part of the application we intend to uh demolish all of the site improvements and as is shown on sheet number two and as presented by you in the opening comments and Mr Fox we're proposing two structures um that pretty much mirror each other with h having the uh six units each two bedrooms each being three stories and that the uh area of which is a aisle of 24 ft whereas all of the units will have access into a onecar garage an additional parking space outside of it uh in their driveway there's also going to be a total of five additional parking spaces one being the van accessible handicap spaces at the north east or excuse me Northwest section of our parking lot and on the flip on the uh northeast side is two spaces and then there are two spaces that are proposed that are in the proximity of the Gazebo um that was as submitted however as is usually the case when we go through the board both with the board professionals and then the board itself uh will'll be making further enhancements so as to satisfy the comments all right now egress and in to the site is uh solely from Stelton Road is that correct that is correct it's in the similar proximity of the southernly uh portion of the property where it now is and as part of the board approval uh we are seeking obviously all of the site improvements of curbing uh Paving Landscaping lighting as well as everything within Stelton Road which is a County Road uh and once if we receive the benefit of the approval from the board we will immediately move on to entering the portal of middle sex County to seek their approval as they are the only Outside Agency that we will require uh once we get hopefully the approval from the board this evening all right generally drainage of the site how is that handled drainage is handled with regard to internally there's going to be a a seepage design that we acknowledge is under the perview of both the uh Joe Herrera from the mun the municipality as well as Charlie Carly who has also authored a report that we will be uh addressing later right now uh will there be any negative draum impa impacts on adjacent or neighboring proper as a result of this proposed development of the property no sir none whatsoever the design as will be further reviewed and approved by Mr Carly will prove that we are handling our drainage onsite within the seepage pits uh and Mr Fox as he is typically is ahead of his time he's already gotten us the various information with percolation tests and all so we can provide that to both Mr Herrera and Mr partly for purposes of their review and Analysis to show that we meet all of the standards that are required for what we are proposing right now there was a comment in one of the memos about lighting on the site if you could touch on that please sure lighting is is shown on what else the lighting and Landscaping sheet and shows the coverage and comments and maybe if You' like we'll go through it we'll comply in total to satisfy the uh comment by the professional or professionals who had uh May comment regarding the lighting and with regard to the number of parking spaces I understand that 28 spaces are required this application provides 29 parking spaces so we're compliant with the parking ordinance and recess is that correct yes sir that is correct right so I'd like to direct your attention to the various memos uh first uh your attention to the September 25 24 memo issued by uh uh DNR Mr Carly we had the opportunity to review this memo together with the applicant today is that right yes sir that is correct all right uh number one you can just comment well do we want to go one by one or we want to just say we can comply with one through six in total to receive the benefit of the approval with regard to number seven and number eight they're both statements of fact with regard to the um number nine we will comply in total we thought that we did have all of the proper construction details but um we either flip-flopped one or whatever but we would comply in total similar with regard to number 10 we'll provide the information in total which is after construction showing the various uh conditions as they exist after construction and then number 11 will comply will meet with the uh engineering supervisor Mr Herrera I believe uh with regard to if there is a logistic plan being offered and that's something will work in conjunction with Mr Fox who as youve heard already has worked within I guess just about 200 feet or less of the subject property uh and has the experience certainly uh will be able to satisfy that in total and then the preconstruction meeting is also something we'll comply in total and number 13 is the outside agencies which we will comply or if not um provide sufficient proof to Mr Carly that there is no need for an approval from that particular agen all right so we have the entire contents of that memo covered then let me direct your attention next to the memorandum of the uh scway division of engineering that's dated September 23rd uh number one affordable housing obligations I can tell the board that the applicant has spoken to the appropriate Municipal official about uh its uh requirement for affordable housing or comp we are prepared to comply with that uh items two and three Mr valetudo we will comply with those yeah we're both complying uh Mr Charlie Mr car he already did and then it makes reference to a fire commissioner but I I know that there are typically two individuals one person who does the inspection of a site prior to its buil and then once it's uh in play with the building permit it's handled with the fire inspector within the municipality number number four was already uh testified that it was going to be for sale number five you indicated that we meet the Rec's uh parking um standards number six Mr Fox had already indicated with regard to how to trash and recycling uh number seven and eight we will comply in total and those are with regard to the fiber optic conduits so that the city will be prepared that any fiber op Optics can be installed underground we will comply in total with number 9 10 11 and I believe Mr um 12 and 13 Mr Fox has already testified 12 actually is for you uh if you can just confirm as to whether a tww permit is necessary for this application I'm sorry we skipped over number 12 the answer is no um with the D for tww you would have to either have a 8 in come into your property uh or to have an additional flow of 8,000 gallons per day under the 12 two-bedroom townhouse units it's 225 gallons per day based on the state requirements it comes up to only 2700 gallons and that's for the new proposal so we're under 8,000 and we don't even have to require to get a credit for what was on the prior which was only just under 270 but we're well under the 8,000 trigger for a d dwa permit okay and then items 13 14 and 15 Mr Fox has already testified to and we've uh made our representations with regard to that and you've already touched on uh we'll submit to the middle six County planning board should we receive the benefit of approval is that correct yes sir almost immediately knowing Mr fo he has me on speed dial and probably call me hopefully once we get our approval to move that quick to get it through all right now with regard to Mr Chadwick's memo that is dated September 177 uh when we're concluding or concluded your engineering testimony you will present planning testimony to address item one item two again the affordable housing the applicant has prepared to comply with that can I interrupt one second you said you would met with someone at the township um you come out with a just shy of three units are you just going to round up I didn't have that discussion uh I know that it's been suggested that we provide one uh one moderate one low and then there's going to be a monetary payment to satisfy the obligation uh Whatever It ultimately turns out to be we will comply with the uh requirements by the did you discuss with your client what that monetary payment yes might be because I think I did the C it's 2.8 units it's 15% of 12 right right okay which comes out 2.8 if you're going to pay 8 of a unit you're talking about a substantial number yeah I don't know what was uh the the if the discussions were finalized but again uh suffice to say the applicant will work work with the municipal official that orchestrates the affordable housing okay to to that person's satisfaction understanding there is going to be a monitary payment in addition to the unit designations that's my I'm sorry Jim I could not that's that's my understanding as well okay if you stay closer to your mic it seems like it's clearer okay I'll try that yeah that's better okay uh right thank you Mr Chad now items three four and five we've already talked about with Mr Fox and the color rendering and what we're prepared to do with that item six Mr valat tuno you'll adjust any uh yep number six we will comply with regard to number seven we will shift the two parking spaces back to align them pretty much with the parking spaces for the building in the back so that those two spaces won't have as lengthy a backup or make it more of a challenge for for drivers that will also have the benefit of uh further decreasing our pavement imp pervious area and be able to uh provide a little more outdoor space is what it really does yes yeah so we're prepared to do that and then item eight item eight the lighting plan uh I don't know that we showed illumination on the front of the building uh no what we will comply typically it's what I like to prer to uh as mood lighting that the architect tells us what the lights are and then based on that we'll show them on our plan um so as to show all the lighting not only for the parking and the access roads but also for the front of buildings based on what the architect has designed okay you're not going to put any spotlights on these buildings right no sir good as I call the mood lighting okay yeah I know say thank you all right so that would conclude uh our engineering or physical testimony about the site uh again Mr Fox Andor Mr valetudo if we have questions now uh and then I will be calling Mr valat tuno asking him to switch gears and present his planning testimony so I don't know if there's any questions at this point the board would like us to entertain or I'll move on I did have one or two points that I'd like to receive some clarification on uh specifically from the division of engineering Planning and Development staff memorandum uh in regards to items three and item six would it be possible to generate a a truck turning diagram proving that there's sufficient space for a fire Tru to get in and out of the site as well as uh trash and recycling vehicle most definitely fantastic yes um in regards to item 15 was the building height addressed in the comments uh revisions based on Mr Chadwick's comments or are you still proposing 38.9 feet in height no the building height has not been changed uh we have started to make some alterations I.E shutter some different window to add uh to add some uh improved interest as it were and I don't think we're finalized yet but obviously this applicant is prepared to make adjustments and I think as he has in the past uh he can work with the uh Municipal officials to finalize the uh uh that part of it the facade the colors and so forth but the height Remains the Same okay and my last uh my last comment was regards to number five uh I recognize the testimony identifying that the standards have been met for parking on site I was hoping to receive a little bit more clarity on the times of extenuating need for celebrations um family events things of that nature where there'd be a temporary increase need where you envision the parking facilities for that to be Kevin you want me to jump in yeah Steve if you could handle that because you have tremendous experience in this County with you built other town houses like this you have commercial properties you have residential units so yeah you could follow up on that Steve yes um So within with regard to that issue in our experience and we just recently got approval for Greenbrook for 85 residential units um that sit in over 10,000 square for of retail and there was a big controversy about the EV credit that is going on and whether there's enough parking or not and it's the same answer that we've experienced that these situations tend to work themselves out so as far as celebrations as far as parties graduations and so forth people that are looking to buy these units are going to go into our unit complex they're going to see driveways they're going to see the amount of parking there's going to be signs visible for guest parking and people that live that lifestyle probably won't buy this unit and in our experience with the square footages of these units um and the price point um generally those type of people will find other means of celebrating whether it's out at a restaurant or other people's homes I live in a little larger home being 56 years old and you know putting in my time and I know my niece and nephew a lot of times have their celebrations at my house or my parents house that in their 80s so it ends up working itself out thank you thank you all right so if there's no further questions at this point uh the board's permission I'll have Mr valetudo switch gears and ask him some ask him to produce his planning analysis does any mother board members have any questions or comments All right so Mr valetudo uh you've also now had opportunity to uh analyze proposed development from the standpoint of professional planning is that correct yes sir that is correct I would ask you to detail your analysis uh your findings for the board any opinions that you have uh reached or conclusions in the basis for those for the board's uh digestion thank you as we usually do and as is required when working with you Mr Fox we go through the analysis or the application from like I you just asked the planning perspective visited the site walked around the area latest being this morning through a raindrops reviewed the zoning ordinance and master plan at New Jersey municipal landuse law and what I found in my last visitation um for tonight's meeting was there was a variety of uses and one of the things that seem to be what appears is that a number of what I believe are the bp2 business professional Zone uses appear to be where most of the vacancies are we do have I believe was a free family house on the opposite side of the street closer to the next intersection I think it's Lake View um that was there across the street from there is an automobile shop um as you continue down there is a church uh property that at least has a sign up there was no activity at all next to that a funeral parar on our side of the street next to us is a veterinary hospital then we have on 19 uh or between the vet there's a building under construction I can't tell what it's going to be for right now all it is is a concrete slab and they have the pipes coming out so I can't tell if it's for residential and if it is it's going to be uh for uh apartments or town homes because of what I see is a layout then beyond that is the 19 Stelton which you had indicated one that was built by the applicant uh and then as you go further on there are a number of residential uh single family and small other business uses then there's a large property that appeared to be a spool and that is the one that has a number of uh signs up there for purposes of for people to come in and to occupy it so there is a mixture and then of course as you continue stealing towards uh going towards 287 that's where you're really getting to the heart of the business and Retail type uses uh the property as we've been talking is located in the bp2 business professional Zone um as has been identified in the professional reports and in your opening comments the uh we're seeking a use variance approval since the proposal for the development of the property for tow houses is not listed as a permitted use in the zone which which is primarily the commercial use of in that BP Zone there's also the bulk variances that were approved were being sought excuse me um and they were identified in a report we read received from the zoning officer first is with regard to the building height where we have 35 ft is the maximum permitted and what we're showing at the moment is 38.9 I know that Mr fxs is in the process of modifying thead and all but I do not believe based on my conversation with him that the 38.0 N ft is going to be modified there's also with regard to front yard setback principal building where 25 ft is the minimum required there's a 17.5 ft uh distance that is proposed to the landing on the porch and then a 15 foot set back from the steps where it goes above what the ground is with regard to the use variants in my opinion the requisite criteria exist to justify the applicant requests for the use variants approval under the positive criteria or special reasons also known by achieving the goals in the municipal land use law 40 col 55 d-2 I offer the file following our met letter A to encourage the municipal action to guide the appropriate use or development of all lands in the state in a manner which will promote the public health safety morals and general welfare letter C to provide adequate light air and open space letter G to provide sufficient space in appr locations for a variety of agricultural residential recreational commercial and Industrial uses and open space both public and private according to their respective environmental requirements in order to meet the needs of all New Jersey citizens and letter M to encourage the coordination of the various public and private procedures and activities shaping Lane development with a view of lessening the cost of such development and to a more efficient use of land my opinion with the reasons they Advance the area where the subject property is located contains a number as I just testified earlier of vacant uses and buildings that are in need that in my opinion are what would be referred to as tire and in need to being updated and spruced up and in my opinion the proposed development would be a better use of the subject property and provides the infu infusion of new buildings which would be both appropriate and will be positive for surrounding area as well the proposed density that we have in my opinion is consistent with the other with other uses that are intended for the area as well as what have been developed and the proposed construction will continue in my opinion to vitalize the the uh area by virtue of it meeting the side and rear setbacks it meets the adequate light air and open space not variances with regard to the front but we are within that 60 foot right away and that provides where there is no adverse impact in my opinion to any adjoining property from their light air and open space in terms of particular suitability of site subject property is located in an area that cans various other uses which include the residential uses as I indicated and the example that it would not be testimony without utilizing it is the one that was developed by the applicant located at 19 Stelton Road which was approved by this board in 2019 in which I had the honor of testifying as the Planner on that application it is in close proximity and functions well within the neighborhood and we believe that with this one if we received approval it would act as a bookend and just add to what we hope would be a continued stimulus to the development of new structures or at minimum improvements to the existing structures that uh can utilize it um property size in my opinion can appropriately accommodate the close development of tow houses with the only the Minimus bulk variant relief as we mentioned earlier this section of Stelton Road and subject property are located in close proximity to recreational areas and municipality um within walking distance I might I might add suggest and that the uh for those reasons in my opinion the subject property is particularly suited for the proposed development of the town houses uh in terms of the enhanced quality of proof as such this application is not in my opinion inconsistent with the master plan and zoning ordinance as has been proven by what the developer has done at 19 Stelton Road and with other residential uses in the area with regard to negative criteria in my opinion the re requested relief can be granted number one without substantial detriment to the public good for the reasons I have testified and then as been inhanced by the request and with which we will comply with the comments from the board's professionals um I see no detriment to the public good no negative impact on any of the adjacent properties number two without substantially impairing the intent and purpose of the Zone plan and zoning ordinance as the application is not inconsistent with the master plan and zoning ordinance for the reasons that I have nevertheless um the bulk variants is requested by the applicant or cognical cognizant of on their C2 flexible C because we meet that criteria as well as being subsumed under the higher standard of the use variants number one it relates a specific piece of property it is oversized for the zone and can clean completely handle the proposed development number two that the purposes of the municipal land use law would be Advance by a deviation from the zoning ordinance requirement again as testified to earlier and that the Varian is in my opinion can be granted without substantial detriment to the public goods uh I see no detriment only positive results by what would transort the applicant is transforming the property into what we're proposing and that the number five the benefits of the deviation would substantially outweigh any detriment and again my testimony is I see no detriment number six that the requested variances will not substantially impair the intent and per purpose of the municipality Zone plan and zoning ordinance as I have testified to uh throughout my my planning testimony all right so does that conclude your planning analysis Mr valetudo it does sir yes all right so uh Mr chairman members of the board that would be our presentation for this application okay very well anyone from the public have any questions or comments Mr Fox can you unshare your screen please thank you no and chairman okay uh I make a motion to approve this application can I please get a second Mr Mr chairman just before you make that motion uh the testimony did kind of circle around the master plan uh update that really says the new market area needs to be uh upgraded didn't it needed Redevelopment but it needed to be upgraded and clearly the testimony goes to that theme for that area U I think it's important that we have that on the record thank you Mr Chad thank you we need a second please thank you Mr Patel okay Mr Patel yes Mr reio yes Mr blam yes Mr daa yes Mr Mondo yes Mr Ellie yes and chairman teller yes we willor all right thank you all right thank you ladies and gentlemen for your time everyone have a pleasant evening thank you have a good night thank you thank you okay item number 14 resolutions to be adopted the first resolution Jim you froze canel we can't hear you we can't hear you do you want me to read the resolutions because we can't hear you at all you want me to read them yes okay uh 24 ZB 36v moham was approved Mr Tillery yes Mr Patel yes Mr reio yes Mr BL Mr Mondo yes Mr Aly yes second one 24 ZB 32 that's withdrawal for U Andre and Bea Mr Tillery yes Mr Patel yes Mr Rio yes Mr blown yes Mr Mondo yes Mr Ellie yes 24 ZB oav Orvin Patel it was also withdrawn Mr Tillery yes Mr Patel yes Mr reio yes Mr BL yes Mr Mondo yes Mr Ali yes you approve 24 ZB 47v New York Verizon approved Mr Tillery yes Mr Patel yes Mr Ario yes Mr blamp yes Mr Mondo yes Mr Ry yes 24 ZB 37v Harish Patel you approve the application Mr Tillery yes Mr Patel yes Mr orio yes Mr Blount yes Mr Haka sorry Mr Mondo yes and Mr Ali yes and the last one is 24 ZB 46b Atul Aral you approved it Mr Tillery yes Mr Batel yes Mr Rio yes Mr BL yes Mr haka yes Mr M yes Mr Ellie yes okay those are all the resolutions and we have adoption of minutes from the regular meeting of September 12th 2024 all in favor I I I thank you motion to ajour that right nine on the newse all right all right thank you everyone have a good evening greatek e