the seral boarding zone of adjustment meeting of June 26 2024 is now in session call to order salute to the flag please every stand iedge aliance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all notice of the meeting has been satisfied in accordance with chapter 231 PL 1975 by advertising in the home News Tribune notifying The Sentinel publishing company and the Star Ledger and also posting on the bulletin board and filing with the burough clerk roll call here here Mr es here here Mr cast here here our first order of business is old business it's a continuation holdover application 246 in reference um the vacant lot on River Road Mr fiser would you comment on that sure um oh you want to Mr Paige yes Mr chairman board members thank you uh Michael Paige LLC that application the application was previously for May's meeting carried to tonight's meeting um and we respectfully request that be carried to the July 24 meeting date my client is still in the process of preparing plans my understanding from having the previous conversation with the board that matter hopefully will be carried with no further and that's that's typical um carry without further notice if you have a date certain that you're carrying it to in this case it would be uh July 24th so it's uh normal for the board to do that okay the meeting will be on July 24th thank you very okay there microphone we're got to get your mic Clos next application is a holdover application 24- 0749 kayot B Road Stephen you here just before we start I'd like to swear in the professionals raise your right hand you swear to tell the truth the whole truth and nothing but the truth uh in this matter so help you God all right professionals are sworn well where's yours hello again um I revised my application I went down in size um Jersey Central Power and Light they weren't against what I was looking to do they couldn't give precedence for me if I was allowed to do it I had my pool there I talked to several people thanks to Joan and um Andy they gave me phone numbers I got a quick response from them they weren't anti what I was doing they just couldn't give their blessing and put it on paper so I revised my my um plans to put it on my paer driveway which is off the um the variant I narrowed the size down there 13 fet by 22 rather than 18 by 30 um is it going to look a little bit odd in my driveway which I was trying to keep um you know the appearance for the neighborhood but if you all look out that window there's a 1972 elcino out there pretty hot car that's what I'm looking to keep in the garage my 22-year-old daughter drives it it's part of her inheritance um it's pretty simple I'm trying to do everything I could do I'm just looking for coverage for I'm I have several cars but this is one car I'm looking to cover um I have plenty of feet on both sides of wor plant I'm put in the garage I believe I'm 35 ft wide from my house to my fence so it gives me plenty of parking on both sides of the garage um it'll be grounded it's it'll be decorative if you ever seen my house I keep my house pretty high and tight and you have the paperwork and help me out I have a couple of questions I like to ask you you submitted to the zoning board a new proposal on this proposal you have uh the swimming pool there is that there right now I removed it in hopes of putting up a garage I so regret taking it down now that it's 95 degrees out but um the pool is removed the concrete walkway is removed um I'm going in I'm going to put put sad down I had my sprinklers moved and adjusted to cover the area to it's going to be green space okay so I just wanted on the record when you sent us the new proposal here the pool is here so on the record the pool is removed absolutely 100% Bo have any questions of the applicant um Mr chair what are the variances just for the record um chair members of the board it looks like at this point the variance is for the size of the accessory structure um we have 150q foot maximum permitted the 13 by 22 is 286 square feet um I was just double checking it looks like the setbacks are fine it's in it's located in a sidey yard so the uh the size of the structure is what we're looking at just one bulk variance correct thank you other questions sorry Mr chair um just one question so with the new structure will you be able to access the garage doors that are oh absolutely today I would never block off um again I'm going for Aesthetics for my neighbors and the town as well um the houses in Green Valley have raised in value I ain't looking to devalue anything at this point in my life I want more not less so is the is the structure going to have four solid sides or is it more of a canopy um it's going to have full sides all around it's going to have a um a 9 foot door 7 foot high it's going to have four windows it's going to have a side entry door so it's doesn't look like a structure or a shed put up it's um it's my house I guess I guess my only my only question is based on where it's being located and the size of it I'm just not sure how you're going to get into those garage doors if you have a solid structure 10t off it's fully measured out anybody needs to see it it's believe me I'm not looking to push it I I'll do one better um my deck off the back of my house is 12T into the easement that everybody's giving me a hard time one me to push it back 12 feet I'll push it back 12 feet I'm not looking to do that but it will not block my um garage doors it'd be crazy looking Mr chairman if I might I I have the same concerns that I raise the same question and just looking at the numbers on your plan you have approximately 38 feet from the easement to where you have your curve in your driveway leading into your garage doors so if you subtract 22 that gives you 16 you've got two garage doors so I don't think you're going to be able to drive a car into two garage doors with only 16 feet it's it's more than 16 ft there's a sun room off the back of my house that is there and it should be showing on the paperwork it does but that is in the where the fence line is right but that's in the Jersey Central easement so from where the easement but my house is on the easement so I'm not looking to go past my house line my deck is past the um easement line his arm 3 feet into the easement but the board can't give you permission to put even this new garage within that easement area so what I'm saying to you is if you measure from that easement to the front of your house it's 38 ft and you want to put 22 foot garage in 38 feet yeah if that's what the numbers are but I don't know um I'm showing the house structure at 43.1 feet correct but that encroaches into the easement so you so take three feet off puts me at 40 feet they're saying my encroachment where they the township and the Builder allowed me or the person in 1972 to build this home they built this home mon easement I have um I have permits for building my deck I had a 24t pool which I'm removing well it's already removed I mean how much more am I supposed to do um my garage is 19 ft deep it doesn't allow me room to walk around a car to detail it or take care of it and and if anybody wants to yo I I I'm really not worried about the three feet on the easement Jersey Central Power and Light they just wouldn't give me the green light because they couldn't put it on paper but my my house is on easement so what you tell me I got to cut my house apart that's not saying that at all we're just saying this board can't Grant you permission for any new structure that's within that easements so as long as you're outside of that easement all right hey guys I appreciate everybody's time um trying the best I could do I went from 18 to 30 feet yeah you know what I under I understanding I'm already looking at other properties because I had a feeling this wasn't going to go well it's not that we're saying you can't get permission for it I just want you to understand that you may not have access to both doors bu let me build it and I'll deal with Jersey Central Power and Light we can't do that it's nothing to do with Mr do with the easement has nothing to do with the EAS Mr chairman if I may so the the the sidey setback requirement for an accessory structure is 5T so right now what we're looking at is it set back 12 12 feet 8 in is what's shown here um and it's effectively right in the middle of your driveway after you pull in had you thought about sliding I can still park the car on each side of the garage structure right but I think if you hear me out have you thought about sliding it close closer to your neighbor's property so that it's 5T off the property line I have a 32t okay classy motor home you got it that's its parking spot so where do I win here other than moving just trying to help out but uh no no I'm not saying anything you guys are doing is wrong I'm in a tough spot and I have some tough decisions to make and you know you guys got to cover your ass and I get that you know so um maybe I put up maybe I put up one of those canvas tents and it's just by law we we cannot we got the letter from Jersey Central the same as you did and they're saying that it was an easement and you're still in it and we can't we can't do anything unless you get a letter isn't any see I have a problem with that you can't say that the left is okay and the right is wrong when my house is on the easement that everybody let him build it that's his garage like there's a major problem that so that Jersey Central at the time when the house was being built they didn't have the balls enough say don't build on that my house is on it my deck is on it my pool was on it Mr chairman I don't think the garage is in the easan well no I'm I'm not saying it is in Ean no your garage is not in the easement that's not what they're talking about based on this plan it's not in the easement but the concern is that you're putting 22 feet into 38 so you may not be able to have a car drive into your second driveway or your second garage door that's absolutely um I was a contractor I ran my business out of this Township for 14 years if you guys think I came here and didn't do every single measurement I got pictures I got anything everybody wants to say if anybody wants a if you guys want um want to take a ride to my house I'll lay it out I'll Market out you think I'm happy about putting a garage on a $30,000 paer driveway that's why I was looking to put a pass the fence line so you know I'm working with it the best I can and it's not looking good I'm going to put up one of those tents those round pole tents that I could take down within an hour or two and it keeps me out of the Sun yeah I'm not asking to like build an illegal apartment I'm I'm I'm 61 years old I'm trying to get out of the Sun and play with my cars and watch my younger daughters enjoy older cars chairman I'm I'm not saying that he can't do it I'm just poting I'm just saying concern that he should be aware of if he's comfortable with the layout it's not encroaching in the easement so are you comfortable with it the way it is now the way I'm proposing AB absolutely would I like it bigger Longer better no but if that I I came to this point and hopes of I didn't come to this point to play games so the alternative after living here for 24 years is moving I'm getting ready to retire I'm into older classic cars period I'm not a mechanic it's not a sweat shop it's not um a detail shop it's my own personal vehicles I have five cores what's the rest of it look like like are you going to have it sided roof what what oh it's going to have a full roof it's going to have gutters it's going have four windows with gra in the windows have overhead door it's going to be landscaped out I like my whole driveway is landscaped it's a two-car garage right like like there be a one car besides attached to my house is a two car but I don't know why in 1972 when they built my house when they had the big Impalas The Cadillacs and everything else they made garages 19 to 20 ft deep my 1966 Chevy pickup truck is nose right up to my garage doors in that garage and a pain the ass to pull in and out but the one you're proposing to build as as two garage doors right or is it one bigger no it'll be one main door one main door okay it's going to be um 10 by 7t high okay and the top peak to the the peak the a peak is 11 and2 ft the original proposal was 13 1/2 ft and it was 18 by 30 and I pulled it into my driveway so technically my driveway and my fence is on easement as well as my sun room my deck my pool was totally on it help me out Mr Mr Barry and Mr Cornell pointed out to you and you're satisfied with the garage the way it is correct absolutely okay anyone anyone else have any questions of this okay I want to open it up to the public anyone from the public wish to to speak on this application on kopy road anyone from the public wish to speak hearing none I'm I'm closing the public portion what's the pleasure of the board concerning this application Mr chairman I move that the application be approved I have a second I have a motion to approve and a second roll call vote yes Mr yes Mr Mrs yes okay it's been approved you understand the situation um Good Luck more than you know and honestly the township is very lucky to have Joan and Andrew they've been nothing but a help to me okay we'll approve this at our our next meeting we'll memorialize it and good luck with your garage thank you folks enjoy pleas please our next application is 16-12 Clyde Auto Recycling uh good evening uh Mr chair uh Peter clauser with the firm hbr Pape on behalf of your applicant Clyde Auto Recycling uh this is a request for an extension of time for an approval that was previously granted by this board uh in 201 and may of 2017 um the applicant was before the board and secured uh preliminary final site plan approval uh D2 uh variance relief bulk variance Rel in some waivers um the property is an existing junkyard uh it is a pre-existing non-conforming use that is why we required the uh D2 variants last time so the use itself the operation is there has been there and will continue to be there um however the approvals granted by this board um were a significant Improvement uh to the site and they mainly included the construction of an office and a warehouse uh to service the site um you have an ordinance that says any variance that's granted by this board uh expires within two years if the applicant does not begin construction normally under the municipal land use law approvals do not expire um site plans and subdivision approvals don't ever expire and the case law the last time I read it is that the board doesn't have or towns don't have authority to adopt ordinances which say that they expire however um the courts are pretty clear that you do have authority to adopt an ordinance that variances expire and you have done it and you've done it correctly and it's applicable in this instance what happens with site plans and subdivisions is you lose protection uh from the zoning ordinance changes um that's the so a lot of times we say the word expire but that's not really the case so the the site plan the subdivision I excuse me the site plan that that was granted I think is still uh in place but your use variance relief clearly has expired um but like I said the use Maran relief was good it was an expansion of a pre-existing non-conforming use and it it improves the site uh shortly after the approvals the applicant worked uh as they normally would to achieve resolution compliance we were able to secure as you're aware the burough of sville and and Mr Cornell's office does a lot of things internally so we're able to secure things like Soil Conservation um we received an an approval letter from your planner that the plans uh met his requirements that was Mr Le and cavalo at the time and we've gotten Mr canel's report down to three items one is the county approval one is a fire flow test of water and one was a d approval um we have secured the county approval it's conditional County approval the conditions are posting the bond getting a Road opening permit um the D has recently uh told us that you don't need an approval after everything we went through and and I have um uh Jack here from Tri can speak to that a little bit and then the last item is a flow test that as an attorney I don't fully understand but we have Frank Farrell from G Grado engineering here to to testify um and then also I have Clyde Cameron who is your owner operator and he can speak to you as to uh what these delays were and what their plans are uh moving forward and how quickly they think they can move from here should the board see fit to allow them to rejuvenate uh these approvals uh so if I could Mr chair I'd like to start with Clyde have him bring up here uh come up here and and explain to you sort of where they're at um what happened uh during this time and then uh I can move on to Frank and Jack to talk to you a little bit about where the actual plans and approval sit right now yeah okay thank you very much Clyde why don't you join me do we do another mic or do we do a Shar mic I mean I'm fine with sharing please raise your right hand you swear to tell the truth the whole truth and nothing but the truth so help you God yes all right you're sworn oh we have we have another mic so Clyde you heard me speak to the board about the history and the approvals full name and full name sorry go ahead finish swor in uh I did swear him in but we didn't get the full name sure Clyde Cameron k c m e r o n thank you very much so if you could just share with the board what's your relationship to the applicant Clyde Auto Recycling thank you for having us here um we purchased the business from Stadium Auto recers in 2013 I'm sure as many of you know it was a site that had burned down and became quite dilapidated we took over uh my parents and I and you know trying to improve the site get the business back from the negative that the previous owners put it in um we began trying to secure the building permits as Peter mentioned we ran into a few Road Blocks um unfortunately once Co hit it was very detrimental to our business we we came back out of that we're here um Andy has been very patient with us and helping us uh it was probably about a year ago he had reached out and you know reminded us that we need to get this moving upon so we started back on and um at that time we we had to get approval from the D we just heard back from them that it was no need for those approvals we don't we don't um don't fit the requirements of what was needed um and we just want to get moving we're back on our feet we we've came back out of the you know Financial standpoint we were in during covid U we know we're we're ready to to get this project moving we know we anticipate if we can get past this meeting within two to three months we could start you know construction on the structure and have it finished within a year and and get their um office trailer removed and carry on as a normal business in sville did you you you mentioned you know you think two to three months where did that estimate come from did you talk to the building suppliers that that was from RNR pole buildings we spoke to them back in 2017 um we had all the the plans quotes and everything ready to go um that's when we you know ran into the roadblocks that point in time um spoke to them about a week or two ago and he said within a month to get all the planed redone everything up to what today's code is and and break ground within a month after so from there couple weeks of construction and um and then it's just going to be buildt on the interior which we anticipate you know a few months once the the outside structure is finished thank you I have no further questions I'm sure the the board may have some question I have a question Mr Cornell uh he said that uh he Clyde said he doesn't have he had doesn't need permission from the D do we have any uh records of that Mr chairman I do not uh the last report that we wrote concerning his application was 2019 and as Mr clauser indicated there were three items outstanding at that point in time and I haven't heard anything about the application since then do you have the paperwork from the DP saying that it that you didn't need anything Mr chair I brought Jack Kelly from Trident environmental who worked closely with the D on it and he could speak to them that but do you actually have the paperwork there's email correspondence between the key D and Jack saying withdraw your application it's not necessary and I I you know that that's my tangental understanding of it but that's why I brought Jack here so we could explain to you in more detail what exactly happened what he has from the de Pig okay and what about the uh County uh approval so you have that paperwork we have a count yes yeah that was submitted to miss uh cell uh as part of the application materials the county approval letter we didn't have the D information until after I submitted the application chairman I think the county had a conditional approval so in order to perfect it he has to address the condition so he doesn't have permission from the county to receive a building permit he's got to address all the conditions which is typically what the buau asks for to comply with the conditions of the resolution of approval and you see from of them that it's essentially posting the bond they give us a bond letter all right next question I have is 2017 you got approval and up until now nothing's been done from 2017 till now why in 2017 is when we were told we had to get the waver from the D and they weren't very responsive and then once covid came it it was non non-responsive at all from there which was about a year and a half ago maybe now was when we started that that process again again we had to get get um hire a company to come and write a letter of interpretation and then submit our approval to the D again and now it's about a year later we've gotten the the news that we we don't need to have that permit okay what about the rest of the things let's talk about the trailer uh the trailer you had a fire and and the building burnt down and you put a trailer there we we gave permission in 2017 to put a structured up and from 20 17 till now the trailer is still there why I don't believe there was permission to put the building up in 2017 without without the no the chair the chair is referencing the board's approval but but then yeah po post that approval things were done as far as resolution compliance back and forth with the plans but yeah that that that's that's what you're referencing correct yes I am yeah Clyde's s in a building permit you know like actual permission of Builder so so really from 2017 when approval was given nothing been done on that application am I correct well physically on the site no but behind that's what I'm talking about yeah physical on site no but there are other steps the applicant took to secure Outside Agency approvals from the burrow which sounds odd from the county and to work with the D so he had his Engineers working but no there was no work done on the site well that's what I'm asking from 2017 till now 2024 nothing nothing has been done on this site and I want to know why why had why wasn't anything done we're talking seven years here can you give me an answer to that we couldn't remove the trailer until the building was constructed and as far as the building being constructed it was they said at at at least for the past year and a half has been the holdup of the D before that was was covid and and and lack of funds it's was very detrimental to our business and now we're we're back on our feet and we we want to move forwards the lack of funds is one of reasons why things didn't progress yes questions from the board so you're asking for the extension for what was approved you're not making any changes I just want to get that on the record no modifications no modifications what what was approved is what is going to be and we're we're ready to proceed and you know and construct the structure where have all your estimates been updated so you know financially what you're up against uh very haven't received a physical estimate but it it's basically doubled in cost since the original estimate we have spoke to the contractor just waiting you're waiting for the physical estimate what I am concerned about when the approval was given in 2017 and now it's 2024 and now you're looking and you're saying that very soon you're going to start how do we know that that's going to happen because it didn't happen the last time now that we have everything in place from the D it's we're we're ready to as soon as we get the approval from the town County we're we're ready to begin that you have my word on so you know once once all the the say code is out of the way we're ready to begin construction because we cannot give you another five years with the same application again you know it's it's too far it should have been done a long time ago I I hope you understand absolutely want to proceed with your next witness pleas thank you very much C Jack I have a question oh I'm sorry come on back up c um if the approval was given in 2017 was that predicated on getting approval from the DP yes or was it given to you so you could just immediately start building no that that would have been conditioned upon getting the D approval as well as other approvals um so conservation from the burrow um count approval the these boards are you these boards are always our boards of first impression uh so we come to the board and any approvals that you grant are always conditioned upon going and getting Outside Agency approval so you started working on the G approvals right away back in 17 yes and then it was delayed um how long was it delayed at that time was probably about a year or so okay there was a miscommunication between the original company we had hired um and that's why now we utilize Trident before it was wasn't right it so we started see the timeline so say in 2018 um you got approvals or you found out that you had to do something else in 2017 when we were told by the board to seek the D approval we hired a company to write a letter of interpretation um we never received that letter after paying for it for probably about a year we just we just assume it was standard practice after you got that letter we never we never got the letter at that time so you just let it we then hired Trident and began this process all over again in 2018 no that would have been uh about a year and a half ago two years ago no I'm talking 2018 we we never received the letter from the original company now I realized that but then it just went then co co came and and it was well covid was 2020 right right so after in 2017 after about a year not receiv a letter it it's bad financial standing you know we we worked with it and um okay so now your costs have doubled but you're going to be able to start the construction yes and you don't have uh anything in writing from this company a written estimate I don't have a written estimate an updated one today I I did speak with them waiting for them to provide the new one we do have all the old plans when they did this back in 17 so verbally they informed us it's about it's about double yeah but verbal is legal so if you get it in writing how do you know like double double would be best case scenario but you know that you'll be able to do it based on the veral yes the only the only permit that you're waiting for now is is what permit from the from the county from the county is it from the from the the EP where yeah well no no no we don't need anything else from the D nothing no we need we need Jay sign off but in order to get J sign off I got to finish with the county I have to get this extension and I have to prove to him that we're we've satisfied the D and then when we have Jay sign off I think then we're fine Mr Corell you okay with that Mr chairman that's correct we have a report dated July 19 2019 and there were three items County approval the water report and the D approval so in order to address the conditions of the boards original 2017 approval there's three items that need to be addressed if they're provided to us we can sign off and say that the boards of conditions of approval have been addressed the plans can be signed and it can move forward so but it's really up to the applicant to provide that missing information and you will be able to provide that quickly absolutely I just ask a question so the application has expired so so that's preventing them from doing certain things is that is that true is that it's it's the the time frame has expired they never addressed the original conditions of approval so when they came before the board in 2017 the board put conditions in the resolution of approval that had to be addressed our office had outstanding items that had to be addressed in the form of revised plans the planner had items that needed to be addressed so from 2017 to 2019 they were able to whittle down that list that may originally have been 10 Pages they've got it down to one page with only three items so but if they if they did those things at this time could they move forward or is there something that's why they want the extension so you have to grant them an extension right you would Grant an extension they can't get their building permits because the the approval has expired expired okay corre all right but we're right there oh Mr Cornell we can we can the the extension that they want we can set a time limit on that that it has to be done within a certain amount of time Mr chairman I would maybe defer to your attorney but I know they're asking for a year maybe you don't give them a year if you want to see progress maybe you give them six months or or maybe give them three months to come back to you and confirm that they have the outstanding items I I would I guess see if that's appropriate but yeah either of those are legally appropriate yeah so if there's a concern about a one-year time frame you may want to tailor it to make sure that compliance is achieved I have in the past taken shorter extensions and then you know I'll return to the board on a night and say this is where we're at and and keep the board apprised of that that's a procedure I've done in in other towns so I I don't take a particular issue uh with that I believe some of the outstanding items we can satisfy tonight oh yeah but I think they probably want to see some activity out on the site right we want to see the activity only because this application has expired and it's such a long period of time we need to see that there is progress there you have to prove that to us because it's been such a long time since this thing has been in existence here so I want to call your next witness sure sure thank you very much Frank so I'm swor please raise your right hand the truth the whole truth nothing but the truth so help you God I do your sworn thank you share with the board your your name your credentials absolutely license uh my name is Frank Farrell f a r r l l I'm a licensed professional engineer in the state of New Jersey I've appeared before the several plan board as recently as 2022 and before New Brunswick on Monday this week um my license is current and in good standing and I am very familiar with this application I make a motion we accept his credentials second a motion okay pro thank you you've heard a good deal of the discussion so if you could just in in a better version than I did please just share with the board the approvals that you've secured and how what you think is is left and and maybe like a bit of a time frame of what you think is is realistic absolutely so in I brought the short the small version of the materials that we've developed um there's there's more course respondents and whatnot that went back and forth between our office uh Mr Cornell's office uh Mr Lan cavalo's office and uh for soil erosion the county uh and a number of other uh number of other agencies the short version is uh rather than harpon we know the application we know that we know where we are today the three issues that are left are the county approval the D and the uh water there's a comment on the water distribution system as part of the uh proposed construction so roughly in that order the county approval we have a county letter dated thank you uh s right in front of me October 17th I'm sorry October 25th of 2017 where in the county has identified what the performance guarantee would be should be submitted so that they can release the project for a Road opening permit and the rest of the county approvals the county doesn't issue this letter with that provision Vision in it in my experience unless they are sure that it has generally met the standards for the county uh review process um if the letter would the letter would be longer and have more comments in it or something like that so we have to post a bond and just file file our paperwork with the county and we should have a county an official County approval the D as you'll hear from uh another professional uh is uh there's been a no need for the application that was submitted after some months of uh waiting for them in multiple Plan reviews uh my office prepared the permit plan and then a revised permit plan and then another revised permit plan only for the D to finally my understanding is to tell us finally that we don't require an approval from them the last issue is is the water distribution system and my understanding is as the requirement or as it would relate to the building construction and the fire sprinkler system therein is the existing water system on the CER in the street nearby sufficient to support the demand based on discussions between our office and the seral I believe it's the seral Construction official's office at the time of around uh 2019 maybe late 2018 it became our understanding that the building is not of sufficient size to require a sprinkler system and as such I don't believe that one is proposed however time has passed and if there is a requirement now that the sprinkler system be installed uh that would become that would come as part of the submission process for construction uh construction drawings and plumbing permits by a professional that is qualified to do those calculations then do that testing Mr chairman that's not what the comment has to do with the comment doesn't have nothing to do with the sprinkler system in the building it has to do with the type of construction of your building and whether the burrow can provide a fire the firef flow needed to fight a fire so if your building a w construction building you might require a fire flow of 3,000 gallons per minute a fire hydron test in front of the site would show that 3500s available so you're fine that's what we want to just know is that there's enough fir flow available to support whatever type of building constructions proposed that's typically done by a fir flow test through the Burrow's Construction office and calculations either by yourself or your architect sure and I believe that I would have to review the file in a little bit more detail if that was if that test was done but it's my recollection that there is an existing uh water meter and water service right in front of the right on the the front corner of the site right at Scott Avenue roughly um and I believe that if it would be required to be if if we needed a pump or a system that would assist in in suppressing a fire with this location uh that could be constructed on the site without detriment to the application or the site in general but that's that's what we need to see so that that once that's provided that'll address the concern noted and I believe that we can make the request to have that test uh performed confirmed uh at which point we can supply the required documentation to your office to your satisfaction this paperwork that you're talking about how long will it take you to get that paperwork done the fireflow test I haven't submitted one in seral recently um so I'm not exactly sure what the turnaround would be if I if Jay or if somebody else is familiar with that I would appreciate you I don't I can't speak for the Fire official but I say within a couple weeks I would think he'd be able to turn it around I I don't see issue with that that would have been my estimate I apprciate couple of weeks on that what about the one with the county how long the county is uh we submit a check and paperwork and the county may act on it as soon as uh their next formal meeting which is probably inside a month okay so we're talking about probably a month for all the paperwork that needs to be done on your end I believe that is approximately accurate yeah about a month a submission to the county keep in mind I obviously we wouldn't have control over the county resp us that's the average is about a month Yeah well yeah they have meetings every month I would say I would say six weeks because if you miss if we submit the day or the week after they've just had a meeting you have to wait an entire month then they have to go through the process of reviewing it Etc but six weeks is probably uh okay an okay time frame you already submitted it I yes we have the letter from the county stating that if we post our bond and submit the rest of the required paperwork they were good and submitting the bond is ready to go too I don't write that check but I believe that Clyde has indicated that he's ready to move this project forward okay any other questions one more let's bring up Jack so we can talk to a little bit about the D if you could Jack come on up and join us Jack Kelly from tridon so you'd be sworn Ra's your right hand s tell the truth that hold truth and nothing but Tru so hope you God I do so my name is Jack Kelly um I work for tried and environmental I'm an environmental scientist and consultant um as well as a certified Wetland Scientist by Ruckers University um I've been doing the land use applications through the D on behalf of Clyde's Auto um I stepped in around March 2023 and at that time it was told to me that we needed to apply for two land use applications um one of them was a wetland letter of interpretation line verification which essentially just uh verifies the Wetland area at the rear of the property and the other was a transition area waiver for redevelopment um both of these applications were submitted to the state in 20 or uh June of 2023 um they've been I've been back and forth with the D since then regarding the applications and we're nearing the end of our uh hopefully uh you know receiving a resolution for it um so the Wetland letter of interpretation was originally received for the property in 2017 um it verified that there was a wetland in the back and it's the same line that we reapplied for in 2023 um those verifications are only good for five years so it expired in 2022 um and we needed to reapply for it we've agreed upon the same line I've been back and forth with the reviewer and we're just waiting for a formal issuance of the document it's in its supervisor review right now so I'm anticipating it should only be a couple weeks at this point um but again we have nothing in hand besides email correspondents to verify that at this current Point um the other application was the transition area waiver which again I only came in in 2023 so I can't speak on the previous environmental companies um what they were told they needed to do I'm not sure if that application was ever submitted or not um but when we came in in March we submitted it in June um this was essentially saying that part of the property resides in a 50ft wetland buffer um although there's no Wetlands on the site there is buffer on the site um and we're proposing to move several 8x4 in containers around in that buffer area um and to do so we thought we needed a transition area waiver um so it went by 10 11 months and in the beginning of May the project reviewer from the D reached out to me and asked um about disturbances in the area to which we had previously said that the shipping containers with were a permanent disturbance and she let me know that the D views the shipping containers as a temp temporary disturbance and in order to get a transition area waiver there needs to be at least some kind of per permanent disturbance that is being added to the area um she said everything in that area is temporary and she cannot issue that permit to us and that it's not applicable to our site um again this permit is just for the buffer area moving those shipping containers um but at this point we had to withdraw the application because she said there was nothing that she could give to us for for our submission um we're waiting on the formal withdrawal letter that says in the letter why we withdrew the application which again is on their side of the the table they told us that there's there's nothing there that they can permit based on your experience do you anticipate any problems with any of this stuff that you're talking about based on my experience with the reviewer back and forth I don't see any problems again the transition area waiver she's we're just waiting on the withdraw let her the formal withdrawal request has been sent to the state um and the the letter of interpretation again I've been back and forth with her we did a site visit in I believe it was December we agreed upon the line which was already verified in 2017 we're just renewing the the same verification we had submitted for um I don't anticipate there being any issues at the supervisor level and that should be techn technically the only thing on the D side that we currently need for this application but wasn't it stated that no de approvals were needed uh by who by I I did I was thinking of the transition area waver we did have the LOI already but it's expired and he's renewing it so right put that on me m misspeaking but it was the transition area waiver because that was the activity in the transition area that was that was key correct so basically all the permits have to be uh given before the construction can start correct we would need the letter of interpretation before the construct but I think your testimony was you again I I foresee it coming in a couple weeks um at a minimum we'll say a month uh again it's at the supervisor level with and which my experience with the D has always been once it reached that reaches that level it's a few weeks um and again that withdraw letter I I can't say for sure but I think I'm going to receive it in a couple days or so it shouldn't take long for them to type it up um and that'll give the formal reasoning why we did not have to uh get a transition area waiver for the property so what we're saying here is once we get the letters that he's going to provide and once the bond is given to the county then the construction can start soon afterwards correct yes okay and the flow tests yeah the flow test it within that time frame all of these things can run concurrently any other questions I have another another one in March of 23 you did the land use uh it was submitted in June of 2023 I picked up it it came to me at tried in March it took us about three months to get the materials together to submit it to the state and I believe it was June that it was formally submitted okay and then you said in May you received what may of this year may of this year it was it was about four weeks ago that so you waited from June to May of this year 11 months well what happened in oh that's that's that's that's all in the D's hands so some of these permits generally take up to a year 6 months to anywhere above a year to receive we submitted the application to the state in June of 2023 so how are we going to give a three or six month extension well we're at the end of that finish line is what we're saying this is just by the way just in as an aside that you can tell I mean working with the D it just takes forever but Jack has just testified he thinks he's pretty much at the end with yeah I mean the withdraw is the withdrawal again generally it's it takes maybe a week to get a withdrawal letter I know it was formally submitted on the 18th with the withdrawal was sent to the DP it's now the the 26th I believe so I mean we're we're right around the time where we should be getting that withdrawal letter which can be provided just to show you know no permit was necessary and then that that letter of interpretation again based on where it is on the D's data Miner which is available online I have a hard copy of it if you'd like to see where it is now um I mean it's at supervisor review which again in my experience generally is about a month um I believe the final back and forth was on June 3D that was recorded in data Miner so you know it should only be a couple weeks now I believe until we get a a formal letter of interpretation any other questions just have a question for J J do you concur with all this because we're not too familiar with the D and that stuff I I haven't seen the official paperwork but in general it sounds appropriate that something submitted to the D it could take a year to go through and get a response I think that we saw 2019 is the last correspondant thinking that nothing's been done over the past five years but reality is it took a while to get the new consultant on board he started a year ago he submitted and it sounds like it's very close to being resolved so that that sounds appropriate based on what was just testified correct and it I have the data minor sheet showing that there was you know November something was done December I have a hard copy if anybody needs to see it but um there was it it's been moving through the DS process it hasn't just been sitting stagnant any other questions just wanted to be clear there's nothing the D needs from you to finish their review correct you have any other Witnesses I do not Mr trick all right I'm going to open it to the public ises there anyone from the public here that wishes to speak in reference this application anyone from the public wish to speak chairman I move that the public portion be closed I close the public portion before the board dues a vote Mr clauser would your client uh consent to uh the professional fees that have been incurred by the board in dealing with this request for an extension oh certainly that's only appropriate yeah and does the esro remain open in this matter yeah yeah it has to I agree you you could uh work with the B to replenish that yeah I I I submitted a check for ,000 in May 8th and if there's a request for an escrow replenishment absolutely just isn't the normal course yeah I I just want to say that that and I've said it before my concern is that this site plan was approved in 2017 and here we are in 2024 I'm very concerned about that and I'm very cautious about this application because of that nothing has been done uh we're talking permits we're talking the construction site the trailer is still there which was a temporary trailer that there was a fire back in 2012 and I'm looking for some type of assurance that this time it will be done I mean you're assuring me with the permits but I I need the assurance that the construction is going to start because of the the time period of 2012 to 2024 that's my concern here understood you you heard Clyde's testimony I think that's what you have to to Value it on and if you want to put me on a leash and say Peter come back in six months and tell me where you're at if you haven't you know finished building or you haven't started um I have you know no issue with that um I think in a matter of it sounds like from what our professionals are telling us in a matter of 6 8 weeks we should be submitting paperwork to the municipality showing all of these outstanding items being achieved would you be willing to come back in three months with a progress report to us I'd be willing to come back in three months with a progress report I've been doing this for I don't know 18 years now and 3 months is a short period of time in the world of that that I live in but I have no problem coming back but I would ask that the board have the expectation I might still tell you we're waiting on the D or something got hung up at the county or something like that but I'll be able to show you that we're working on our end and if that if that happens something gets hung up can you provide some uh physical evidence such as a I think we owe it to the board at this point to do that some documentation sure certainly any other questions from the board procedurally Mr chair we we talking about granting an extension for three months or are we talking about granting an extension for a longer period of time with a condition that might my that I be back here explaining where we're at that would or am I coming back and asking for the extension to bump forward whatever you decide but um maybe from a procedural perspective and resolution adopting if you would have Grant a longer exception extension but it' be conditioned upon uh me coming back to the board at a certain point just a thought didn't you just state that it would only take combined of speakers that it would only take some six weeks some four weeks some a week and a half so why would it be our estimates based on so three months to bring that information up should be more than enough I I no issue with coming back and Reporting in 3 months if you want to if you want to turn it into a 3-month extension and say come back and uh you know when you report to us in three months we'll give you another extension um but the your ordinance is triggered when and Andy and uh J can correct me is when construction begins then the the approval is is vested I'm sure if there was a stalled period there's a different interpretation but um actually starting the construction pulling the permit is what uh vest the approval under your ordinance that's unlikely in three months just based on the construction testimony that you heard that's why I'm suggesting perhaps a longer one but pull my leash in here and make me come in and tell you where we're at supposedly we do it this way you come back in three months and give us a report on where we stand with the with the permits and and keep Mr Cornell advised as to the progress of it and in three months formally come back to our board and we'll make a decision at that time where we're going to go from there okay is that okay with you yeah we're yeah that's not a problem I want to take a vote from the board are you proposing a three-month extension yes okay is the board willing to give a three-month extension and and have Clyde come back in three months and give us a report and we'll take it from there if that's fair I need a roll call vote on it is it U but do they have to Ren notice for the the at the three Monon time you don't need noticing for extensions okay so really there's not there's no extra work that's being done by doing it this way Mr clauser has to come back well he was going to come back anyway okay all right it's fine it's appreciate it it's more than fine it's appreciated it make a roll call vote on this do we get a motion in a second on this yeah I do I need a motion and a second on this three-month I'll make a motion to give the three-month extension a second I have a motion in a second Mr GRE yes Mr G yes yes yes okay it's a three- Monon extension on this and like I say the board all of us are very concerned on getting this started it's been too long understood so as quickly as you can use your influence with the D and the county we would much appreciate that understood thank you very much I it's our next application is 2404 CN W Infinity LLC 980 Route 99 Mr pagee good evening Mr chairman board members my name is Michael paig I'm the attorney for the applicant cnw Infinity LLC I previously submitted the requisite jurisdictional documents to the board secretary um so I'm assuming that uh we have jurisdiction does have jurisdiction thank you Mr chairman board members uh this is an application for a use variance and preliminary and final major site plan approval to allow the applicant to convert the currently existing second floor office space into two residential apartments in the building building that's located on the premises and it's for the property located at 980 US Highway 9 block 43901 lot 8.02 we were if the board may recall we were here uh probably it was a little over a year ago for an informal um to get the board's um some feedback from the board with regard to this application as a result of that feedback my client put together a formal plan um for the application um and we've gone through two uh technical review um meetings um speaking with uh uh the board's engineer and planner and tweaking those plans to put our best foot forward with regard to this application and with regard to this application I'll be calling two witnesses um the first will be m Mr Wayne TOA who's uh the representative of on uh half owner of the applicant cnw infinity and also Mr John Chadwick who is here who is professional planner so at this juncture first I would like to call Mr Wayne TOA please raise your right hand tell the truth of old truth and nothing but truth so help you God I do Mr TOA um you are the we get the spelling of your name spell your last name uh my last name is t o a first name is Wayne w a y n e Mr to you are representative and 50% better thank you Mr TOA you are the representative of the applicant cnw Infinity LLC yes okay and the applicant cnw Infinity LLC owns the subject property yes and if you would if you could please tell the board in your own words what it is that you're requesting from board uh we want to uh from the office building to ran to the res so uh uh house I mean the uh apartment and the details of the plans for your proposed project uh for the new residential apartments are detailed on the plans that have been provided to the board um by Mr John Rio architect yes here's my architect okay um and um Mr TOA um I have no further questions for you at this time I I guess it's uh just as the board can see from the details of the plans um I think there are each uh two bedroom one bath uh Apartments um on the second floor is that correct yes correct I have no further questions for Mr toe at this time no I'm not mistaken we don't have the actual for plans of the apartments you you should um there was there was revised first page submitted recently but the board should have plans um that were submitted back in um they should be there a do [Music] we don't have it we do not have it the actual apartment plans I I have a copy here with me um but they they were submitted they were submitted back on March 22nd 2024 yes here's cup good [Music] there it is there we go the the floor the floor plans uh as you as you unfortunately I don't know why you all don't don't have them I hand delivered all of the copies of the plans but the floor plans um were not modified uh at all pursuant to the technical review meetings that we had it was the first page that was revised to reflect uh different structure of the parking adding some more um Green Space to it um uh the Landscaping um uh the parking spots um all of that stuff and I'll have Mr Chadwick testify to to those things that and addressing the board's professionals reports uh but the layout as as I explained briefly it's it's a two-bedroom one bath I believe for each apartment uh with a kitchen dining room um uh as set forth there I think each of the apartments are going to have um a uh separate entrance um in February first page oh no it's not the same yeah sh think I have another copy here for the board February don't any of these or plan for change just AG additional copy for a cheater ex yeah this yeah this is this is thank we're good okay so um um Mr TOA I have no further questions from Mr TOA let the board has any questions um I have Mr Chadwick to uh address the detail of the board's professionals reports and any particular details on the architecturals for you I I notice on the uh planet we just got the two apartments one is bigger than the other is there a reason for that oh the one biggest because I want to take it by myself I want to use it are are we are you saying that the one apartment is for you yeah you're going to live there yeah see it's more convenient because uh you know I'm I'm uh finished the job and go upstairs and sleep yeah so you're really I'm the manager of the liquid store so so really there's only one apartment that's being rented is that correct yes and you're the you're going to be in the other one uh I'm sorry and and you're gonna you're gonna have the other another one y but I think the size is just a little bit bigger than the uh you're in a bigger one yeah and how many people are are going to be in that uh three me my wife and son how old is your son my son 24 and what's in there now you have offices or they rented out uh no it's uh uh is empty almost a year the the other apartment that that you're going to rent out who's going to rent that out you are you are you the renter um I can find someone maybe uh no I mean but you're the one who's going to decide who's going to rent the other apartment yes okay any other questions proceed thank you Mr chairman thank you Mr TOA at this time I'd like to call Mr John Chadwick professional planner s tell the truth the whole truth and nothing but the truth so help you God yes here smart Chadwick Mr Chadwick would you please State your occupation for the board a licensed professional planner in the state of New Jersey I appeared before this board a few times past long many times best we accept your credentials thank you receed thank you um in preparation for tonight of course I went through the your audience One More Time Master actually reexamination report it most recent document uh been to the site many many times um what's unusual is the ma the reexamination report really didn't focus on Route n at all in terms of all it's a very thorough document but it it dealt with different different items uh so in terms of a vision or a policy the only policies I found within the master plan that would give a key to the thinking of these kinds of buildings is a sa and repeatedly of mixed juice as a alternative to Simply a commercial building and for those who've um observed route n in the past is mostly one-story buildings those twostory buildings are either vacant on the Upper Floor are our residential and that's really the commercial twostory business areas of the community the upper floors are more vacant than not and those that aren't are residential and it's a good fit because it provides occupancy on the site uh on a 24 basis uh in this particular case it's uh my my judgment it meets the standard particular suitability could you speak up I'm having a hard time hearing you sorry thank you is that better the standard of a particular suitability which is raised in uh the planners report the floor plans show that it can be readily adapted to the two apartment units basically the same size uh one of which is unique that you have a predetermined occupancy of the owner of the building so you talk about one apartment in terms of uh a new household traditionally planners refer to these kinds of Apartments as worker housing meaning they were not really for family raising units they were for um workers within the general area and convenient to their employment um that term doesn't get used very often anymore however it's real and it and it provides the opportunity for uh reasonable housing and uh secure location in terms of advancing uh the purposes of land use law which is another criteria that we have have to deal with the sites being uh improved through Landscaping rearrangement of the parking areas uh the uh dumpster facilities and supplemental landscap well removal of Pavement in the back and supplemental Landscaping to the uh homes to the rear the homes to there is a heavily wooded area in the back current we are going to remove Pavement in front of if those have been out to the site there's a white um six foot high fence running across the back and in front of that we'll take pavement away and put um uh 6 foot ey Evergreens depending on uh the planner and the engineers determination we prefer the nowi uh Spruce and and sometimes the Leeland Cyprus is a good tree as well because they rapidly growing and fill in gaps there are really no gaps but we think we can strategically look at them so overall we improve the Aesthetics of the site I think we make the building productive which goes to supporting the uh goals and vision of your reexamination report in terms of negatives I don't see any real negatives this this building is no is not so prominent to route nine that it's going to change the flavor of what route n is it in terms of change of the face of the building there is no change to the face of the building so if you drive down Route 9 and see the building today and you grant this use variance and it's converted the building's going to look the same what'll look better is the sign is going to have a landscaped Island around it the parking has been rearranged uh to be more functional uh the back portion is rearranged so that the D ERS en cloes the Landscaping the the PVC fence are the 6 foot ey fence are all theirs you keeping with the buffering and it's being expanded so my my judgment the the context of this application in connection with the rout n carer uh there is no measurement to say there's an impact clearly isn't uh in terms of impact of the zoning scheme the building and the improvements are there now we don't create any additional variances in fact this site is quite conforming to all of the Zone regulations is shown in um your plan's report so there's no deviations there's no new variances there's nothing that infringes on the zoning plan uh but for the use as I've explained uh having said that the final test really is uh does it have an impact on the zoning plan my conclusion it does not uh does it have an impact on the de development of the neighborhood there's no change in terms of the development other than enhancing the SES I've described so in my opinion we've met those particular tests uh and I believe the application warrants your approval any questions would have any questions I do I don't know whether it's the planner I want to address these comments to or or to you Mr Paige tough he gets negative criteria yeah you got two apartments here right right now we we we have test testimony that one apartment is going to be used by the manager correct and his wife and his son there's another apartment that's going to be rented right I want to talk about the safety if you have the other apartment that's rented where someone has a child well that really comes down to the management of this building if if any of you are in real estate and in De have apartment building that's the last family that a rent a renter an owner wants to rent to and it's not discrimination SAR tear in the issues you you're implying uh this this is not the site for a for a family raising unit this is a site as I described it of working households I understand that but uh a person could rent that apartment that has a small child and it's on route nine you have safety factors there and and uh I'm concerned about that yeah only if the owner agrees to lease it well that might be that that might be true we all know about the fair housing laws and and discrimination Asis I have it right here and yeah the the the owner might say that he doesn't want to rent it but if that person who comes there uses the the federal law then they would have to rent it but I'm concerned about a child there's no sidewalks there it's a commercial area and you're talking about a school bus there's no play area there's nothing and I'm concerned about that you the only outside uh Recreation well outside area is that area we're expanding and between the fence I know and you're right and I think from a practical standpoint you know you can always say it's going to happen but in terms of a single apartment uh for rent uh I think there's a great deal of control from the property owner without running a f of fair housing loss that's debatable of course debatable I I don't I don't just anybody could say John dead wrong but on the other hand the the management and and and re interviewing credit checks Etc all goes through rental apartment uh there's a great deal of control to the property owner and I think you have I think what you had testimony Mr Tao was pretty clear in what he wants to do and I've discussed this same issue with him and uh he's absolutely certain what in terms of how uh he wants to operate this building I I understand that uh what you're saying but there's no guarantee that it it will not become a safety the issue it could be because of the fact that you have no sidewalks you have a McDonald's right down the street you know from there and and you got a A Highway that's 50 miles an hour uh and cars go 60 miles an hour there and in terms of coming and selecting an apartment let's assume everybody is rational are they going to take that apartment uh and and bring small children in there and not recognize the conditions the issues that you just raised but the scarcity of housing them people are forced to take apartments that they normally I'm not sure that try to make it work and that's the doubling up in apartments the overcrowding of Apartments clearly is an issue living in an unsafe environment if it have a choice I don't think is the issue I think overcrowding and and uh illegal conversions that type of thing are the real issues facing communities overcrowding is the biggest issue well I I just wanted to let you know what my concerns are this happens to be 2024 not 2020 and there's things going on out here that we've never heard of before and I'm concerned about this safety issue with school buses small children route nine and and you heard you heard the property owner say to you that's not his intent by any stretch he's going to take one of the apartments himself and just think about it if you own that building are you going to want to have a family next door with small children absolutely not is he going to agree to to putting that as a condition yes I'm concerned about that I don't think that I think you can put within your resolution hopefully that you will approve that the issue of fair housing laws was discussed I went through it today I know that the single family home is not bound under the fair housing act I don't know if a single apartment unit has that same exemption because one of them isn't going to be on the market yeah I'm not sure off the top of my head I'm not either but I I don't think that anything here is being discussed in terms of the fundamental issues of the fair housing act which was discrimination that's not the issue Mr Paige you do you have a comment you want to make about this um I I would just say that um in light of uh Mr Chadwick's comments and my client Mr toa's comments um I think um it's been expressed as to what uh Mr toa's intentions are and I think from Mr chairman your concerns as raised as well if you look at it from the the opposite perspective of yourself um that yes if somebody was going to look to rent a place if they did have small children that would not be a place it would almost be SE self- selective that they wouldn't look to rent there because of the situation it's it's not it wouldn't be prop you know uh can't think of the exact term but but from your perspective where you're saying hey you're concerned about these things you're concerned if you actually had the family with the small child you would be concerned as well and you wouldn't want to rent there unfortunately we don't have sometimes parents that are concerned like you and I would be they they wouldn't care about that situation you know you get a you get a a small child s eight years old playing in a parking lot it's a it's also a liquor store people cars are coming in and a ball maybe we're blowing balls that gets out to Route n and somebody gets run over I mean that's the concern that that we have well I I understand and I understand from uh Christina's um comments as well but when when you're looking at I guess the um her comment was you know the scarcity of the of Apartments um so if if and I I just lost my train of thought there for a second but for if if I'm sorry I lost my train of thought while I was trying to um address your comments but um I think from a perspective of a family like you said they wouldn't want to go in there um so um it's not uh I don't know I'm sorry I lo I lost my comment but if he can't if he cannot rent the apartment and he goes through section8 which is guaranteed Government funding then it's very possible that a family with children will be moving in there and it just just came to me but with Christina is saying hey there's a lot of people out there looking for apartments so you're looking at that concern but if there's a lot of people that are looking the the the owner the landlord still has full control over who we wrenched to so if I have a family uh with small children who's looking to rent and I have a young professional who's looking to rent it's certainly his decision who he rents it to with and that's not being discriminatory um so if there are a lot of people looking for apartments then he's going to have opportunity to to rent it out to who whomever he chooses to rent it out to and he shares the same concerns that that the board has how many lawyers do we have I have a simple question sure the apartment's not rented for two three months possible and a family comes in willing to pay asking price for the rent and has one single mom and in and a and a child okay can he say no at that point legally is that discrimination I have no idea that was the question we just raised is this a one unit because he he's going to take one unit is not on the market so it's part of the building it's not a commodity for and single family home is not covered in with their hous so you think this is considered a single a single a single family is considered you cannot discriminate who you sell a house to oh no I agree to that but you're saying oh no you know it doesn't apply to single family homes yes it does and the other furthermore this apartment is going to be a difficult sale not many people are going to be standing in line to rent this apartment so when he finally does get someone there if they have children I'm sure he's going to rent it to them I think it will be in a demand situation because I think you'll find either uh two young guys who both are working who jump at that apartment they they're not looking for out your space if they're to young guys they're looking for a nice apartment they're not looking for route nine with the trucks and with the car speeding by the traffic bumper to bumper next to a a liquor store on top of the liquor store the other the other scenario is this he's the manager and he's running one of the apartments let's say he gets a a a better job offer decides to move away now we got two apartments for rent not one right now we're only talking one because he's living in one but that doesn't mean he's going to stay there for any length of time he could move then you got two apartments he's there as a businessman well he he owns the building but if he moves you got two apartments you offer for any other Alternatives here Mr Paige um I don't I don't know what other Alternatives there is I mean right now he's facing a hardship because the office space is not for rent um it hasn't been able to be rented for two years um and he's looking to live there and you know rent out the other apartment um you know everybody's been hit you know by everything that's happened to the in the economy and things have changed so office space is is few and far between readily uh wanting or to be rented uh and he's proof of it so uh his whole top floor which he he he had rented out office space hasn't been rented in office space for quite some time so so that's the the hardship that he's he's facing and why one of the reasons why he's coming for before the board today as well before we go any further I want to open this to the public is there anyone from the public who wishes to speak in reference this application hi I'm Su Paul 96 ala Drive the their uh liquor store is my backyard I I have no objection to them doing as an apartment except I have to say their sewer line goes through my backyard now what it was it was harri's building a long time ago and when he put it in there were offices there not many and not many people but with two apartments there besides the liquor store I don't know I mean if there are a lot of people using the Su uh the facilities in the the bathroom I don't know if that's going to have any a bearing on the present sewer line that we have it now Mr Cornell Mr chairman that is something that we raised during the technical review process and they provided a report indicating it's actually less of a demand with the two apartments than if it was a fully occupied office facility Well it's never been fully occup but potentially it could be so you potentially could have a full office draining through that sewer line and now you've got two apartments so that number is less than what potentially could be going there the other thing although they did address this and that would be a positive thing for us um when they put the light took the light out at erston Road at Route n and the traffic didn't have to stop it slowed down at don't where we live and it was quiet then when they took the light out they just when you said 60 miles an hour they do that all the time anyway we have no sound barrier what he said he's going to put the trees in the back that will be wonderful because we need a sound barrier uh when they they first bought the liquor store they took all the things on their side not our side on their side out which was their legitimate right to do that except it did affect us because all those trees that were back there were our sound barrier so now if these would put trees in that would help but that's my only thing and if you did address it Mr Corell I appreciate that that's it okay he thank you anyone else from the public wish to speak in references anyone else from the public wish to speak Mr chairman I move the public portion be closed public portion is closed Mr paig you have any other Witnesses or any other ones you want uh there's no other Witnesses no other Witnesses Mr chairman um we do something with the outside I do this want to take a quick break sure sure all right or is iness or is in five minute recess for oh Bri yes no well Mr Paige well we're back in we're back in session now Mr Paige you have something you want to tell us uh yes well Mr chairman um in light of the fact that we have less than a full board available um and given the discussions that we've had uh you know with regard to the concerns of the board we'd ask that the vote on the matter be carried to uh next month's meeting um and it will allow us some additional time to um look into the concerns of the board uh and it will then um allow us also to or the uh Missing board member to review the audio and uh make a vote at that time um on the application yes we will grant that we will make sure that next meeting there is a full board here and we will carry this through till next meeting thank you Mr chairman thank you board members thank you very much for your time look at that too just to be clear uh that is the next meeting is July 24th uh 7:30 p.m. in this furce thank you we should be good Alex we're we're good on that it hasn't been that long thank you thank you Mr chairman all right the next on the agenda is public comments on issues not relating to any pending or future applications is there anyone from the public who wishes to speak on anything hearing none I close the public portion of that next is the has everyone had the opportunity to read the minutes from May 22nd 2024 yes it's the pleasure of the board concerning the me the minutes I move that the minutes be approved as written and it's are approved make a motion for adjournment so moved second second meeting is adjourned