we're good meeting of the Somerville planning board for March 27 7th 2024 please come to order adequate notice of this meeting as required by the open public meeting act has been provided copy of notice specifying the date time and location was one posted on the bullettin Bor outside bro Hall two mail facts are emailed with a Courier News and three given to the Kirk administrator this meeting is a Judicial proceeding any questions or comments must be limited to the issues that the board May legally consider in reaching a decision and inum appropriate to a Judicial hearing must be maintained at all times roll call chairman Nado here miss present here mayor Gallagher here councilman vroom here Mr here Mr kco here Mr crusties here Mr Cleveland here Mr addex here okay Pledge of Allegiance Pledge of Allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with libery and justice for all okay before we go any further I just want to say that if anybody is here for the Route 22 dispensary hearing that application has been carried to April 24th so we're not going to hear it tonight um approval of the minutes for March 13 2024 second any additions or Corrections yes yes I just have a question page bottom I think that's slightly awward because it makes it seem like I was testifying that oh yeah this good idea exact opposite so I don't know could he commented that he did not like this where where are you reading the bottom of page three okay just it just seems awkward makes it seem like I was okay so will everybody okay with that change yes all right so Jenna just make a note and we'll change that okay um roll call please chairman Nado yes M rosinski yes mayor Gallagher yes councilman broom yes mrir yes Mr crco yes Mr crusties yes Mr Cleveland yes and Mr addex yes okay we have two resolutions uh one is for New Jersey Elixir company LLC so moved second any discussion okay General call chairman Nado yes Miss rosinski yes mayor Gallagher yes councilman broom yes mrir yes Mr crosco yes Mr crusties yes Mr Cleveland yes and Mr that's it sorry okay next up is U resolution for morehous Marcel so moved I'll second it okay and the mayor me and Jason are ineligible to vote on this any comments questions I do have a question someone came to me are they going to shut down the build is your microphone on there I you got to push the button make it red yeah now it's on sorry um a resident asked me if the existing Dunkin Donuts there is going to shut down when the drive up comes through and I thought my answer was yeah that makes sense but then there was some sort of Doubt on this person's mind so I'm just trying to clarify it's probably going to I mean when we talked about it I thought it was understood that they're going to build a new one and shut the old one down I I don't know I wasn't at the hearing so does anybody else remember or the testimony was that they were going to move into the new okay thank you move to the location shut the one down that's in the that's what I thought thank you okay whenever you're ready Jenna Mr rinsky yes councilman broom yes Mr adir yes Mr crusties yes Mr Cleveland yes Mr adex yes okay I just have a quick question yes do I need to sign this or you have to sign it because your name is attached yeah I know okay that's another change that has to be made um did you get that Jenna okay thanks all right my comments um I had initially wanted to begin the discussion about the uh Zoning for gun stores tonight but I've decided that we need to get some factual information first about the process and and the qualifications for operating a store and I want to get all that in place and I'll I've been Gathering material and I will have that distributed to the board prior to a meeting where we begin our discussions so that's the only comment I have at this point I will open the meeting up to the public yes please state your name for the record name and address for the record sure Chad sarap fesi uh add I live and own at 261 Davenport Street here in rville um I'm here because uh I came back from work on Monday and I found that a brand new public walkway was being put in within two feet of my property line along my whole north side of my property now for those you guys not familiar I live next right across from high school next to that open area of grass before you go from dport to Spear Street right um and my issue is not that the fact that they put a sidewalk in it's a great idea problem is that it's it's two feet from my property line so it's causing two issues for me one because it's right along my driveway everybody basically is going to cut through my property to get to that sidewalk and two because of the only two feet from my property there's really no way to cut the lawn or anybody do Lawn Servicing on it as well so I'm going to be forced to basically manage that as well as put up a fence so that people are not walking across by property my question is what is the process that allowed for that to happen um and get approvals without any kind of notification from me I don't see anything on the agenda unfortunately the board of education does not need our approval to do whatever they want to do that's considered Board of Education property typically is it of educ is it Board of Education let let me ask a quick question for clarification sure is that the property that is adjacent to the parking lot or is that the empty lot that's uh sits more in the middle of the block middle the empty lot with the grass okay yeah and my property is the one to the left as your yeah and I think that property is owned by the deuts family if I'm not mistaken is that is and now that's my other concern is that there's signs that have gone up it says private property um and because this walkway went in and I didn't know about it what else is happening with that piece of property and how do I find out what the plans are for that piece of property going forward yeah I I I'm not aware of uh any burrow action uh at least since January when I took the seat that uh regarding that sidewalk Roger any I can you recall from the mayor if I can I can give you a little color here the planning board approved the minor subdivision about two years ago and this is prior to you owning the property and it was a lively discussion about extending spear through and it the resolution stated that no this the Spear Street was was added by 60 feet or so to put the new house up and there would be a sidewalk put along the paper Street to to connect to Davenport Street so what he's referring to is that sidewalk was part of the subdivision approval and uh we're still waiting for the drawings for the exact location of the Salk and you're saying it's in already it start going formed out it's not having an approval to poor for this exact reason to make sure it's there's no Street there yeah I so do we have the ability to make them put up a fence I mean there there used to be a fence there that was part of the old application that had to be maintained or taken down this is prior to your owning it right um what had happened is typically on the street RSI you have the curb 2 feet grass 4 feet sidewalk and two feet to the par that's typical now we don't have a street there so but the location is going in as if there was a street there so when I get the uh I just had some email conversations with the applicant's engineer about the exact location to ensure where exactly your property line is this it's surveyed out there there's form set up in this survey to show where the sidewalk is going but to make sure there's enough clear space for your property line I requested that information and what about the fence like if there was a fence there there should be a fence again yes the fence was there when this board saw the application shouldn't there be a fence going back in they took a fence down I think the board was silent on that there was a fence there on the corner property the house was rehabbed and then I I improved the fence defense where the one was before the same foot footprint where it was yes um and I did see those plans but there was no side uh because I wouldn't have bought the property and I saw um the division there was no plans for a sidewalk in as part of those um that were for that piece of property there was no sidewalk in there so it was in the approved overall set of plans I understand what you're saying and um if the board so desires that the council this is what happened is the council approved the sidewalk and and the extension because they're public roads this planning board doesn't have jurisdiction you can recommend but the sidewalks or the or the council this goes back a number of years this is this is an old application uh but I understand what you're saying is you you put a fence up two feet is a property maintenance issue I agree with you and uh if the the planning board so desires I think I think there's flexibility since it's a paper Street to move the sidewalk further back to make it easier to maintain with a fence if that's the desire I you I think it's a totally reasonable question I think those sidewalks a great idea it's just you have it all the way to the left of the property when there's about another 150 if we have the ability to do that let's do it well I think the board I with Roger and the mayor's help I think this it' be a recommendation from the planning board to the council yeah exactly I I think if the recommend recommendation comes from the planning board uh it to the council and then the council can take action yes and if we have the ability to take that action okay yeah thank you so do we have to make it a formal or does he have to do no I think I don't think we have to do it formally I they well I think J if Jenna just sends a a memo to the burrow Council to uh Kevin uh for for the entire mayor and Council and it's it's part of the official record here this way it's if it's written it's followed and it sounds like there's no plans to make that a three throughway Street still there's no proposals or anything like that still going to remain this board felt that it shouldn't go through and I don't think the council also concurred that it shouldn't go through it was extended the question was circulation and parking and so forth at this time it was designed it could go through and the property the open lot you're referring to is my understanding owned by the I think Todd Deutsch and at some point a year ago or so they came with a concept to put a house in that lot so it's privately owned property on the North side yes the north side of the paper street that lot you're referring to okay and uh if you're I think it's in my opinion reasonable to to get that sidewalk maybe three feet from this from the fence so it's more or something like that so that you have as possible be great right if that is what the board wants to recommend to the council yeah I think so right thank you thank you okay hi Adam short 75 North Richard so I kind of maybe just more of a general question sort of related to the gun shop but just I just curious um would you raise the microphone up a little sure that'll work dropped the mic um yeah I have I got more of a general question related to the gun shop but it it's more about that area and I'm just wondering um you know what what generally could be done to kind of just improve that intersection is the one you know um Union and and Gaston like you know I mean we've got the The Vape Shop we got the gun shop now we've got you know looker stores I think a building that looks to be kind of abandoned I'm just wondering you know if there's and I realized that you know maybe part of this is this sort of uh revamping of the the uh you know the zoning zoning procedures but um but you know just looking for some guidance in terms of what you know what we could do to to improve that that area I don't know that there's a lot we can do about it right now you know everything was approved it was a permitted use um and it didn't even need to come before this board or the board of adjustment so what's there is there um and one of the things that the planning board has been charged with is to look at the zoning and see what Solutions might might be achieved for the future and um before we we actually get into the discussions I I want to make it clear to both the board and the public with some expert testimony exactly what the process is what the process is for qualifications to run a shop what the requirements are for a shop the physical requirements and what the process is to buy a gun because there you can't just go in and buy a gun that's not the way it works in New Jersey and and I need I think the Board needs to understand what the procedures are for those two things both the qualifications opening store and then um how it operates chairman if I might and I think one of the I guess the other part of your question is what can be done overall for that entire area um and and I think it's a good valid question and you're right it it relates to the zoning and what's allowable and not allowable in a Zone and that's something that we're going to be tackling uh burrow wide uh we're going to look at the resid iial zoning the commercial zoning um Soup To Nuts uh the whole area um and again what I would say is is participate when we actually start to get into the zoning process come participate listen um you have a very engaged and active board uh we have a very good mix of uh of uh people on the board with differing opinions and and it's it's a good process but and I I agree with you you know it's I got a vape store I got a weed store I it's it here's the challenge well yeah we're about to have a weed store but here's the challenge stores don't come in unless there's a market demand they don't try so there's a market demand for the vape store is it for me absolutely not is the weed store for me absolutely not but the voters have said this is what we want so we have to balance the needs of the community um the idea of having successful stores and balance that with the emotion of stores you know whether it be a weed store or a gun store the emotion of both sides because as many people this is New Jersey and half love it half hate it and we have to as a board we have to balance that against what is best for the community and and understand the emotions on both sides but also then apply those emotions to the law so it's not as simple as we don't want this get rid of it um it's really and that's what this board is challenged with is is taking all of that into account and bringing forth a zoning ordinance that says this is what we think is the best for our community together um and and then it vets up to the council so I don't disagree with you um would I rather see a different store than a vape store right on that corner or a weed store up on Route 22 yeah I would but this is part of the challenge that we have as appointed officials here so we have to we have to balance all of that and we have to do it from an informed standpoint we can't base it just on a motion it has to be done with valid information valid testimony um and and reasonableness that's our job that's what we have to do so so we have to sit and listen and understand so I hope that answers your question it yeah it does I appreciate that perspective and and I don't think I've personally you know I I mean I've been to the liquor store you know I buy beer there so you know me too you know so I I you know I don't uh sort of you know regards the fact that we have a liquor store I guess it's you know part of it just that proximity to the school so now you know we've got a lot of kids are going to be walking by you know those shops and then you know they're going on their way to school so I think you know that's part of it um and I you know I think one thing that that also has been um distressing about the gun shop is just you know how aggressive the signage is it's not just like I know there's I think there's a gun shop in in meriton you know it's pretty discreet you know there's a small little sign on it you know looks like a house but you know this has got you know two large I mean I'm sure you've all you know you've seen the assign so I I think that's you know that's the other part of it too it's like you know if if you know if we're going to have these stores here and I and I agree like you know there's you know people you know that's what people want we shouldn't sort of you know exclude that because we don't think it looks cute or you know don't think it fits the you know our our perception of what the character of the town is but I think but I do think there needs to be you know maybe some dor maybe some thought in terms of you know how it relates to you know the environment that it's in I don't disagree with you thank you I appreciate your time thank you okay thanks anybody else I'm Rob Ambrose 204 East Cliff Street uh I apologize if that I know that this has been asked in previous meetings but would you just be able to um remind me if um it's been stated is there a timeline as far as future going forward talking about zoning um in the town is there plans for like a particular timeline right now or we're going to be working on it for probably the entire year and and maybe into next year it takes it takes a long time to go through it um we have to look at before we deal with zoning we also have to look at the master plan because the master plan supports the zoning and then this board doesn't doesn't change zoning the governing body does so we make recommendations to the governing body based on what we come up with in the master plan and and the master plan determines where we want retail where we want residential or other non-residential um and and then we've got various Redevelopment plans we have to go through so it's going to take a while so around do you have an idea like around which point like the members of the public public can become involved it's going to be a public process through the whole thing through the whole thing so would you say like it's going to be starting next meeting like in May okay let me clarify that just if if I might burn um we are in the midst of of crafting uh rfps uh we actually held an executive session a couple of meetings ago uh in order to craft uh requests for proposal from professionals so that we can identify um we have a number of them that were working on zoning um affordable housing so so there's a number of different proposals that have to go out we have to get those responses back and and we'd like it to to get those back in a perfect world um I think May June is probably an appropriate time frame of when we might begin that okay but but in terms of the uh the Firearms issue the zoning behind that that's something that is well it's well it's it's it's not completely separate from the from the zoning review it's something that is being addressed in the near term not in that May June term okay what you being it's something being addressed in the near term probably in the next meeting or two uh M uh the chairman had just stated that we're pulling together information for distribution to the board okay so plan that would be within the next month you think I would say may okay yeah okay thank you thank you anybody else all right we'll close the public session she was yeah okay come up that's okay um Kristen Brooks 9 South midle Street will that be on the agenda when you decide it's time to discuss that so we know hey would you lower the mic a little so that there you go we can hear you that better that's much better thank you so when you say that you mean the gun the gun shop well zoning issue or the whole Redevelopment issue the gun shop zoning issue specifically that's probably going to take place in May right but you'll put it on the agenda is what I'm saying so that it will be on the agenda okay great so you'll be able to tell um did I didn't hear did you state your name and address Kristen Brooks 9 South midall Street thank you and can you also explain what is a resolution what is what a resolution a resolution is a memorialization of vote that this board took at a prior meeting okay okay so you already voted on it and like the legal document got it thank you perfect thank you very much you want a copy of one no thank you yeah we've got plenty of a it's gonna get recycled no I'm saying this is one for the sure I guess why not I was like come to you oh yeah yeah yeah yeah we don't bite thank you that's everything we approve and then and then two weeks later we approve it approv basically yep I did but I open it up okay we'll close the public session double double closed okay microphone so Bernie this zoning discussion the outcome of that will or will not impact the current application for the gun store I think I think that's super important for everyone to hear and understand because if people are showing up in respect to that zoning conversation thinking that's going to impact the the gun store applic that's we can't we can't retroactively Zone something out of existence very very important to make sure people understand I think that's a great point to reiterate um it has been stated uh multiple times uh both at the burough Council and here but I agree with you it's something that that should be stated again absolutely okay having no further business I'll entertain a motion to adjourn move all those in favor all those opposed thank you