##VIDEO ID:R-1uBIeEORI## e e e e good evening and welcome to tonight's meeting of the zoning Board of adjustment good evening and welcome to tonight's meeting of the Zoning Board of adjustment good evening and welcome to tonight's meeting of the zoning Board of star ledg of the newspapers of record and notice has been posted on the bulletin board in the municipal building adjacent to the municipal clerk's office roll call Mr Wy here M Martins here Mr Veg here M Scott is abson Mr Johnson here Mr mcneel here Mr Graves here M rickets here and Mr chair here there being a quorum present this meeting is now declared open at this time I'll entertain a motion for the approval of the meeting minutes from June the 26th July the 10th and July the 24th May I have a motion and a second Mr chairman I make a motion to approve the minute of June 26 July 10th and July 24th all in favor I opposed so moved our first order of business this evening will be the adoption of the resolution for calendar number 3436 New York SM smsa limited partnership DBA Verizon Wireless located at 2400 Mars Avenue and it's block 3911 lot 26 and it was for the construction of new antennas board members you've all had a chance to read the resolution at this time are there any board members that would like to make changes comment or modifications the resolution as it is written hearing none may I have a motion in a second to adopt the resolution Mr chairman I move that this board adopt the resolution as R and modified as demoralizing previous finds of this board second motion roll call please Wy yes M Marts yes be Vaga yes Johnson yes Mr mcneel yes M rickets yes Mr champy yes our first order of business evening excuse me Mr chairman just for the record there we we don't have any Communications thank you Mr mangusa our first order of business this evening will be calendar number 3437 Janetta Presley located at 2271 Morrison Avenue block 5107 lot 58 applicant wishes to erect an 8 foot fence Miss Presley yes you have any representation or are you gonna it's just present it's just you okay just to the microphone over here here okay does it matter good evening I'm Rob panul the board attorney can I just ask you to raise your hand and swear or affirm that the testimony you provide this evening is the truth and all truth yes it is for the record just identify yourself and spell your name Janetta Presley Janetta is spelled j a n e TTA a Presley is p r e SS l e y and you are the owner and the applicant yes I am for the subject property correct on the 221 Morrison Avenue 2271 Morrison Avenue Okay I uh marked for the record so the board has the information as you submitted was your application and I marked at A1 which included the survey and then there were three photograph so why don't you spend the time uh authenticating that information go over the photos with the board and explain to the board what it is you want to do and why you need a variance because of the height of Defense you understand that correct yes yes I do and the reason why I submitted the photos to the board is as you guys can see by the photos my property is on a slope it starts the hill so the reason that I would like to install a 8ot fence around my property is just to align with my neighbor's fencing that's on the left hand side so I sent you photos of the front of my property on the side of the property and on the back of the property just so you can see the reasoning as to why I would like to install an 8ot fence is just to align with my neighbor's property just to be you know aligned with her fencing and that's the only reason is that your testimony so far yes so far yes okay are there any board members that would like to question Miss Presley uh I I have one question um the neighbor's fence that's there currently yes okay question I have is um it's the fence not the wall right that you want to go up yes it's the yes it's the fence yes not the wall the wall is a little higher on the property right yeah the wall is on my property though it's not on her property so I would like the fencing to go up the 8 ft just to align with her fencing that's on top of the retaining wall on my property you have the retaining wall but it looks like where her where her chain L fence ends there's like a um a block wall with some columns and like in that photo in this photo yes so where is the input to the top of the fence or the top of this wall to the top of the fence yes top of the fence the second question is the area between her fence or your neighbor's fence and your fence um is there any concern of trash or Garbage or potential fire hazard um developing in that area absolutely not no it's not just so you understand when you have that situation with neighbors someone's going to have to be responsible and and since you're here tonight seeking variance relief we're going to note for the record that the expectation is that a that area will be maintained just in Cas case it becomes an eyesore there's overgrowth or as Mr meil pointed out some issue that needs addressing between you and your neighbor you're going to have to work that out okay I was surprised to hear that you said that the the wall is actually on your property that that you confir yeah part yes property part of it is on my property your survey I don't think shows that or at least as I look at it it's just a teeny piece it's not like a significant amount that's on my property now part of your obligation here required notice to the Area Property Owners within 200 ft including those neighbors have you had any conversations with either one one of them about what you're looking to do yes I had conversations with my neighbor whose house is on the left who's you know who we're discussing tonight and she has absolutely no problems with it she was the first person that I asked if it was okay and any other conversation I guess in the back is what is that the cemetery area yes it is you're really looking to Shield I guess for Aesthetics yes I'm tired of the critters coming into my backyard so and what is that to the right that owns The Wall as it were that we're talking about the part on your property what who is that neighbor um I don't know her name but she I did I sent the um letter to her and I have not heard any you know any reservations about it so I'm guessing she well she's not going to care cuz her Wall's higher than your fence and on your property so she's got a good yeah um all right I don't have any other questions or Mr chairman I don't know if anybody in the audience is here for def fence looks like we have a lot of I have a quick question concerned about this uh one question do you plan on putting a gate on that side yes okay you do understand that the gate cannot go farther than your the front of your house yes I understand that okay understand that just you realize too the obligation to get permits if the board grants approval tonight to work cooperatively with Mr Mongo's office in the building department correct yes I will yes are there any other board members with questions hearing none are there any members of the public that would like to question Miss Presley or make a comment on this application hearing none I believe we can conference this you can be seated okay thank you I believe we can conference this Mr Wy would you like to begin yes Mr chairman I don't have a problem Miss rickets thank you Miss Presley for coming and presenting tonight as well as showing us these pictures to give us a visual of what you're trying to do I don't see a problem with it either um you want to keep Critters out you want the sense of that privacy I think that that's great so I'm going to vote Yes as well Mr mcneel I would agree that um clean application um you know for privacy and Aesthetics I don't any negative impacts Mr Benta oh yes Mr chairman I think it's a good application I think to actually def fense will dress it up a little bit uh no negative impact so I'll vote Yes tonight Mr Johnson I conc with my colleagues and also it's a unique situation with the neighbor being a that much a higher I will also be voting yes Mr Graves un support Miss Morts I agree with my colleag very straightforward application I will be vo as for myself the variant requested uh will not have any negative impact on the property or or the neighbors so I too will vote Yes for this application at this time may you have a motion to Grant the application and a second Mr chairman I moved that the board Grant the variance applicable to this application and that council is directed to prepare a resolution consistent with the board's decision Ro call Mr manguso Mr Wy yes M Martins yes Mr bent Vega yes Mr Johnson yes Mr mcneel yes Mr Graves yes and Mr champy yes thank you welcome on September 11th the board will pass the resolution memorializing the decision tonight thank you thank you okay our second order of business this evening is calendar number 3431 Ukrainian Evangelical Assemblies of God DBA Living World church located at 2208 Stanley Terrace block 5504 lot 1718 and 22.01 applicant wishes overnight truck parking which is not per permitted use in the CI Zone and it was carried from a previous meeting Mr hail would you like to begin yes good evening uh Mr chairman and board members and our constituents uh and thank you so much for coming out on a summer evening it's great to see you a quorum here and again appreciate your efforts yeah and I'll just uh briefly give a little background we were here actually believe it or not in April and Pastor Nick gave an overview of what's proposed and uh what we're looking to do is to have a a small storage yard Associated uh in conjunction when I say in conjunction with the church to provide some benefit and Pastor Nick will touch on this again to the church and the work that they do in the community including the food bank and Outreach and the like um and again Pastor Nick and our professionals will address this in more detail again the property is located off of Stanley Terrace uh it's adjacent to Route 78 uh and it is in uh the CI Zone and I want to touch on and by the way we appreciate when we were here last I know Mr Johnson had some comments and questions after the last hearing I sent a pretty detailed letter and I'm going to highlight some of those items to the board outlining conditions that we would agree to but let me first touch on uh the Zone we are in the CI Zone this is a heavy industrial zone so if you look at uh section 170 don't want to sound too much like a lawyer but section 17902 it talks about the CI Zone and it specifically says and I outlined this in my letter the purpose of it article is to P permit large lots and buildings for the operation of industrial office warehousing distribution Manufacturing and similar businesses that generate considerable veh vehicle traffic require large indoor spaces Andor produce otherwise undesirable externalities so this is the zone that we're in it anticipates tra traffic and impact and that's why it's situated in this area the industrial section of Union adjacent to Route 78 now when you also look at at the zone and you look at what's permitted in this Zone uh what's permitted and I'll just highlight some of them but manufacturing Research Laboratories warehouse and distribution car services indoor and outdoor recreation fitness center um places of assembly which obviously is right up the street public garages self storage facilities outdoor storage and other commercial uses so and uh what's noted as part of that I noted that one of the permitted uses in the CI zone is outdoor storage and outdoor storage and it's a bit intriguing that the ordinance I'll touch on in a sec outdoor storage says the storage of goods materials or inventory outside of any building or structure this includes but is not limited to contractors storage yards junkyards so the ordinance anticipates that this is first of all high traffic and anticipates that among the permitted uses is a contractor's storage yard and a junkyard and when you look and then you look at the ordinance and it says what type of use but then it does have a provision it says no over overnight truck parking shall not be permitted the only variants that we are seeking in Con in connection with this is the overnight truck parking so certainly traffic associated with the app application impacts are are certainly anticipated in this zone now when we were here at the last hearing again the board was great and and told us and had some conditions and by the way we've read the coler's letter our engineer will touch on that we have no problem complying with any of those concerns or conditions the police department had no comments and there were just a few comments from the fire department which is keeping aisles clear and if gate has being stalled have a nox box no problem with that but let me touch on the conditions that we agreed to in and we'll re we'll reconfirm those in the letter that I sent to the board and again it was very helpful when we were here last time that the board expressed some of their concerns so the first thing is that we're limiting originally our application was for 30 trucks we've agreed to cut that in half and it's only I'm sorry 60 it's only 30 hours of oper ation even though it's not required in the ordinance we agreed to no weekends and 7:00 a.m. to 7:00 p.m. if this was a junkyard a contractor's yard a distribution center that could be 247 7 days a week 24 hours a day so you got a junkyard and they're bringing in junk cars and things like that and on now certainly the church is looking to limit the hours because they they're active on the weekends they they wouldn't want that impact and the a lot of the people the people here and the people in the area are supporters of the church and don't want that impact 247 uh they've also indicated that 80% of the trucks uh will be come leaving between the hours of 7:00 a.m. and 10 p.m. and return at the end of the day so again unlike a contractor's yard they're not coming and going all day or a distribution center coming and going all day um there the trucks generally are going to be working out of the port they're and again not coming and going all day there was a question and I think uh Mr Johnson asked this are we going to ensure that there's no um hazardous materials yes no hazardous materials that'll be posted and and confirmed um there also there was a concern is there going to be repair work done there we're stipulating no repair work again if this was a contract tractor's yard certainly they'd be working on vehicles with air air Hammers and guns and the like um and so there's no no repairs Works being done if something needs to be done it'll be taken off site also uh we we agreed that there would be a locked security gate and any of these trucks will be behind it Pastor niichel talked about in the past this area they had they did have some problems with uh people going back there now it'll be improved and but way you'll see on the site plan not only are we improving the site but we're putting a significant buffer landscape buffer adjacent to the to our neighbors and also putting in uh drainage none of that exists right now um there will be outdoor cameras for enhanced security we've committed to that these are all conditions that if you had a business that was coming in again a contractor's yard a junkyard they wouldn't need to they're permitted use and I we're going to touch on that again the we feel the use is permitted it's the overnight so if for some reason we said okay we're not going to keep the trucks in there overnight we could do exactly what we're doing but just not keep the trucks there overnight we feel that it's better of what we're proposing uh again fire department recommended trucks be keple in uh clear rows for Access we're agreeable to that uh there was a question that was raised about truck routes now you have Industrial lot of industrial properties right there you got mberry Metal Products across the street if there's a dedicated truck route that the town wants to impose we have no problem with that we want to be a good neighbor with uh our neighbors and the town and then uh we are looking for a small office work trailer um again four to five employees will be in there so uh the point of my somewhat long-winded except explanation is the use that we're seeking here it's just again focusing on the overnight truck parking but uh it's hard to imagine that you would have a distribution center a junkyard a contractor's yard or other more intense uses that wouldn't have truck parking associated with it and I I would tend to think that if it was a contractor a distribution facility or uh a junkyard that they would be uh indicate to the oh yeah we're not going to work on weekends we're not going to work early they would say you know what it's permitted in the ordinance we're going to work 247 so uh again I appreciate you uh listening to me and taking the time but I think it was important to point out and again we were very appreciative to the board when Pastor Nick testified uh several months ago that we got the feedback from the board we did receive the comments from fi the fire department again police had no objections and again we have no problem with college it's going to be a significant Improvement to the property the church has a great relationship with its neighbors like I said including working with mberry Metal Products the food bank and uh Pastor nickel touched on this the neighbors they get along with them very well they've had neighbors that have let's say they have a tree down their yard or a fence that they're there to to support them so enough from me that's I know it's longer than I normally talk but I did want to touch it I know it's been a while since we last appeared so what I would wanted to do this evening is first to recall Pastor Nick to again confirm the items that that the church is committed to agree to and the importance of this facility to the church and then we're going to call upon Joseph stiger to take us through the engineering plans and address any traffic impacts and then Nick ravano who I know you all know who's here practically every week to touch on as our professional planner so Mr Hill were the hours of operation 7:00 am. to 7 P.M correct okay with no weekends you're right yeah all right so just before we get started Mr hailes Rob panso the board attorney uh and you're right usually you don't speak that much so I almost feel compelled to at least say something that's what they didn't throw anything at me yet um but I will say and your your your summary is accurate in terms of what we've done Miss rickets was the only member who wasn't here but has and can certify that she did thank you appreciate that I don't want to see a revisiting and we had some discussion that night about acknowledging the benefits of the pastor's operation in the church and we don't need to redo that I mean certainly yeah recalling him and do what you will I'm not going to tell you how to move your case sure but the one thing as the lawyer for the board uh your summary hit on a lot of things that are that are accurate as to the code but from a legal perspective and why they're here there's no doubt that the overnight parking of trucks is not only not expressly permitted but is expressly not permitted so there's a D1 variance on the books that's why they're here I'm a little concerned with the lapse of time I let's see how this plays out and we've adjourned through no fault of your own I know it's been summer and even now it's the last week of August I'm glad we we have the members here but but please proceed and then we'll see how it goes because I do have some concern with the way we jumped around laps of time but maybe we can kind of try to tie all this together thank you and Mr pel I also noted that when we began the last heing you did in fact believe Mark the the plans is A1 and the application is A2 that was the other thing that I was going to raise A1 is the app and A2 is the five P good and I don't think there were any other exhibits at that time all right thank you Mr panul so uh Mr chairman and board members please I'd like to recall and briefly keeping in mind what Mr panula said you were either all here or thanking Ricket for listening to that so just for the record P Nick you're still under up thank you good evening everyone thank you so much for taking the time uh to be here tonight uh as mentioned I'm going to keep it simple you you mentioned relationships neighbors um you know our biggest thing is keeping our relationship helping everyone understand that this is a nonprofit organization doing their best to be a good Steward of their property we want to do the right thing this property was a d danger to our area prior to us taking it over there was overrun weeds wild animals kids people going back there doing things you can only imagine in cars and stuff like that it was just an overrun unkempt area when we took over leadership in 2015 and took the Baton from the church that had been there since 1973 we continued many things we continued the food pantry that's still effective today serving serving about 5,000 members um you know locally here in Union in the greater area uh and building relationships with our neighbors we are really trying to make sure we kept in mind that's why we hired all these great gentlemen and the ladies that work with them behind it because we want you to see that we are about building relationships I grew up on Galloping Hill Road you know I'm at Roso Park I've got family in Union people that have been very near and dear to even you guys uh through the years that you may not even know in that way but it's this is family this is home and uh you know the goal of this is to take care of our property there are many uses uh the idea of going to professionals was to find out what we could do with our property that we could do what was best uh we certainly understand that there are many different uses and um we honestly just want the best you know we want the best for our residents for Union uh and for the church ultimately you know we can only take care of that which we are responsible for and so far we've done we've begun to you know just care for that and make sure that the weeds aren't overrunning and the trees you know that that even have fallen you know towards people's uh houses we have taken our own money from the church and paid for people's fences paid for trees to be removed you know and done things to make sure that we can continue to be a good Steward uh we have people you know that serve in our first you know responders uh you know in our church on our board uh we have over 400 uh residents that that attend our church just from Union alone our average attendance on a Sunday is over 700 the impact is great and an opportunity like this is no different than a business or anything else that's just trying to do the right thing with the responsibilities they have um everything that we want to do from this is to continue to benefit both living work Church the Ukrainian Evangelical Assemblies of God church right and the community um you know serving on the Interfaith board here in the town you know with everybody we have the jobs in blue there every single Sunday making sure that traffic you know is safe uh we are trying our best you know to do absolutely everything we can uh to just help everyone understand that we really want the best we want to do things right um we have a property that's not you know obviously as a non-for-profit we don't pay taxes you know um and we're hoping that even that can benefit the town because that's something that obviously tenants would take on you know the cost of of paying those things and you know and so uh we are looking to make sure uh that in every way everybody wins and we do the right thing um obviously this was a public opportunity you know the first time we were out here not one resident came in opposition we have a business owner who owns two buildings as you can see on the drawings uh that you'll see in in a few minutes those buildings are owned by somebody else and they're they're on our property uh and Dan who's the owner is a great guy we've had multiple conversations he has no objections to any of this this the neighbors who are you know the roughly please don't Mark me on the exact number but roughly eight houses or seven or eight houses on that backside there none of them came in opposition and none of them have expressed it because we have a relationship we're not just people trying to Fly by Night you know we want to make sure that we impact the community and don't just talk about it but do it thank you so much for your time just a couple of Qui one of the things I I reviewed the the the bullet points that were in my May 9th 2024 letter which Regen erated and collaborated on after meeting with the board in the April meeting can you confirm that all of those conditions that you on behalf of the church would agree to 100% okay and that includes limiting the number of trucks and the hours of operation no weekends the security no repairs and the like 100% yes agreeing to all of the terms and conditions I think were very limited there were no concerns from the police department from fire department having aisles C and KNX boox and the like we've even made those adjustments just as a testimony to our own property we have a an in town firefighter on our board and we have you know installed the nox box and and stuff like that and so uh yes we're 100% willing to comply uh I was very encouraged by the last time we were here because it gave us you know how to be a good Steward better you know you you asked as a collective for certain things and I I hope that we respected you know what was being asked for and made the adjustments necessary to show that we want to work together on this project all right and also I know Mr stiger is here to talk about the plan but as part of your plan not only the the fencing like but uh adjacent to those residential Neighbors on the one side is the commercial business and then there's Route 78 but adjacent to your residential neighbors you've agreed to install a significant landscape buffer yes we've actually done that even uh most of it um you know by faith already you know we're going to look to add to it Arbor VES grow you know you know 4 foot wide to 15t tall you know we installed them uh once again please I don't want to exaggerate a number maybe a year and a half to two years ago so that they would start growing once again and that's honestly just because the the that was a a comment that we did get you know we like hey you know these are overgrowing into our you know the weeds are over growing into our yards and we have kids who you know are mischievous and they climb the fence and they do crazy things can you do something we've done that we we've we've cleaned it up we've put our redes there we've even worked with the owners uh on their fencing you know and stuff like that to make sure that we can create a safe environment back there for their children to enjoy their space all right and then we also did have an opportunity to review the coler's letter and again I know Mr stigle will testify in more detail but um they indicated that there was U some damage to the entrance driveway and requesting there be milling and and Paving no problem with that I know we've confirmed that in the Milling in the say that one more time the driveway to to resurface yeah I mean right now if you watch mberry metal we have an outstanding relationship with them we park there week nights and Sundays uh we we have a great you know working relationship where you know we help each other you know and uh you know and so uh the the owner there and the ownership team there and I you know we're very close and and we we share in that town in that space and they have trucks every day that come swinging in that same spot um and so we 100% understand what it looks like to have trucks be in that area because they're they're there every day yeah and then also as part of the the plan and again Mr stiger will testify in more detail uh there's drainage that's uh proposed right now I don't think there's any any drainage or infrastructure there you've agreed to provide the drainage that's been reviewed and and endorsed by cers 100% yes okay the Bas in all of that is and as I expressed I think it's very fair you know that we will do all of this upon approval we don't have the money to take a chance on building a basin a retention Basin of that size just to hope we get approval um and so all of this obviously yes you know as soon as we understand that we have the um the opportunity to get a tenant we would then pursue all of these things okay and I know Mr tiger again as a civil engineer and traffic engineer uh we've indicated that we'll work with the Township Police Department Alik for established truck routes and avoiding uh residential uh streets and the like just like mury I'm sure does now yeah 100% all of the truck all of the the roads box all Stanley and brunett are all truck routes you know as we currently know that to be so you know it kind of in once again being in that zone I think it really helps us you know being in a place that's already operating like that so great thank you I have no further preliminary questions of Pastor Nick at this time are there any board members that would like to question Pastor uh Nick Marts you can just confirm you guys Park on yeah we do so part of our Sunday our church is now over eight like this past I mean this summer this month it was 640 average attendees but when people come back from vacation we anticipate it being even greater and so throughout the years as the church Grew From 35 people uh to now 6 700 you know back in February we hit over 700 average people every Sunday um we work with them to to just kind of partner and so we park there and we take care of the lot maintain it we stripe it for them and stuff like that is just a a friendly gesture so to say um and that helps us have sufficient parking and then we hired the jobs in Blue from the town to be able to properly bring people and cross people and so every single Sunday if you stop by you'll see you know for every service we have three services at 8:30 10: and 11:30 and you know the jobs in blue arrive you know right there at the beginning of our first service and then they um cross people so that it's safe and um yeah um the thought ever used for for the church parking sure yeah definitely I think in our list of thoughts and ideas there's a lot I mean we're also growing and you know we we're trying to see where we're going to you know as a people be in a building and stuff like that um I know that sometimes plans don't make sense but just to be fair when I first got there we actually got letters if you all remember when they wanted to move because psng wasn't yet there um they wanted to move the sign the big uh sign that you see from 78 um the advertising uh board they wanted to move that and we were one of the identified spots to move that to um and so kind of from the beginning we've just kind of tried to figure out what's the best back there um like I said we do have the other gentleman who owns two buildings that are kind of like basically next to PSG and then after our what we call like our youth center our multi-purpose Center uh in between our big back lot and that he has uh two square buildings there and so yes we're definitely considered it all and you know just kind of trust in the Lord as we' prayed about what the right strategy is um you know we our volunteers Park back there now you know um and so that's kind of where we just kind of on Sunday we all pull in there and including myself just you know walk up front um and so yeah we've definitely considered are there any other board members that would like to question Pastor Nick I have a question Mr chairman Mr Bena hey Pastor Nick I had a chance to drive into the property um all the way in the back I noticed there's landscapers tra and dump trucks what where what location are the trucks going to be parking in yeah so it'll be in that space I mean we're we're trying to get it ready and you know and have them help us with trees and you know a lot of people in our church you know is what you're looking at there you know I know the property butts up to 78 I believe yes so as as uh Joe will show you he can definitely take care of that as far as there's an actual visual that you can see um you know the whole back strip there which is parallel to 78 you know and then it has about 6 to 8 I believe on this side okay and then PNG is over here so you have 78 the residents and then you have psng here uh and part of what we've proposed is keeping everything you know let's call it PS side you know taking the driveway straight through you know kind of keeping everything on that side and creating that buffer on the right side no well you also have those landscapers and no all that'll be out of there that's all so no one else will be renting the property except the trucking I don't know if it's proper for me to say like no one else is going to be renting but our primary intention is to to have one tenant back there um you know and so I don't want to put myself in a bad spot to say technicality but you know cuz they you know uh some people even as we've thought about showing it you know if they yeah I'm going to leave it there but yes Our intention is to rent it to to one person inside of that use you know that would bring additional Revenue into the church for the church's purposes thank you with the limits that Mr Hil summarized with the 30 Vehicles Max yes sir yes sir Mr mcneel just to follow up on that so right now the property is currently being used in a non-conforming um condition um storing Landscaping Vehicles back there overnight I don't know what you mean by non-conform well we're here for variance for overnight parking and if there Vehicles parking in now overnight uhuh wouldn't that be uh a nonconforming condition I don't have any trucks that I park as far as the trucking trucks that's back here now equipment Trail is this back here now I'm sorry I don't know I'll refer to I I just the question is those trucks they doing the work that you're describing now the clearing they're not there paying rent and I mean you understand that it's not permissible because you don't have approval of this board correct to allow any type of construction activity we do understand that yes that's that's why I guess the questions are re to what the board members have seen I mean they're they're reacting to what the site looks like today okay yeah you realize that that's not permitted without approval of this board thank you thank you thank you for pointing that out Mr mcneel so I have a question for you hi Pastor Nick hello um what size are the trucks that's going to be parking back there so the trucks are commonly what we're BAS basically looking to do is to have a certain amount of trucks you know come in they go to the port and most of them come back empty and then part of the drawing show you know at times where they can have trailers on them and then the intention is to put them in spots that are appropriate for but you don't have let's say a size a Wheeler you don't know those specific sizes of those trucks I I personally don't know I'm going to let the you Joe our traffic engineer Joe ster will touch on that but to to be fair once again just keep Into the Heart of what I said we just want to do what's right if a truck doesn't fit in something we're not going to put it there just I'll say that for the record like we want to put what fits in the proper way it fits safely in rows um and make sure it does and if you know and if any point of the review as we look at what we do if trucks don't fit in that manner then you know we we don't do it I mean that's and based on the last meeting you said that there's going to be a dispatcher there and a dispatch does not leave until all the trucks come in is that accurate the dispatcher will definitely be there three to five employees are what any tenant who has prospectively come and looked at it has told me um that they would have in there um the dispatcher is intended to be there to make sure that the trucks properly go where they come from and so right because there was a question last meeting that was bought up in the event that let's say from 7 to 7 a trucker is stuck in traffic or could not make it by seven how could they get in and I believe you said that the dispatcher would be there to ensure that our trucks and they don't leave until all the trucks are in is that still accurate I don't remember just being honest I don't remember as far as like when the I mean it would make sense to me to agree with what you said that the person probably wouldn't leave until the last person came um I believe what I did also share and that was just kind of like the the honest heart of stewardship right like if we did see that they were not keeping to the times that we asked that we would be a good Steward to enforce that and to use that in our lease with them to say hey this is what you said you would do and you're not doing it and we've now seen it multiple times and then be able to to take action that way and so Our intention is to stay within you know what works best for the residents and and for us as a church um we're active every night every you know every night we are active in that church so so will you be possibly putting in your lease if a truck doesn't make it by 700 p.m. they have to find another means of someplace else to park or they're not able to park on the street or some to stipulate that in your lease in the event that they don't make it back in time I don't know if that's fair for me to do but I understand the the heart in the question uh I would prefer as a tenant to be able to have the opportunity to be a good uh a good uh landlord in that way and to ask them to adhere and kind of work it out in the lease where it would be clear that we could terminate you know the lease if they did not adhere to that uh as opposed to you know have to specifically you know do it that way that's just my personal preference and I'm sure we can work out and this is what you get when someone looks at thing recently and as opposed to several months ago thank you m but but yeah I'm sure we can uh incorporate just like we did the bullet point conditions something in there that you know the the vehicles I could picture like I said traffic snowstorm or the like that something gets delayed but they're required the hours of operation are stipulated and that you know except in you know emergency that they they will not operate but again uh we would rather have it that uh if a truck was was to get let's say uh a flat tire and come in at 7:30 that that you know they'd be allowed to come into the site and and park in there as opposed to parking on the street somewhere but I don't think General operation no problem with the with the 7 o00 I think the only other thing that you had mentioned that also makes sense too right is that we're actually not we're kind of putting this limit on ourselves by suggesting 7 p.m. but but in the usage of other usages in that sense that would be similar we wouldn't necessarily have to have them in by seven um and so that's why I prefer to maybe yeah we can we can build conditions in that would address that y um next question I did have next question that I did have like you did say your church is quite busy on the weekend right y will the I guess will the truck area be completely fenced off to where people can't go back there or kids cuz you know when kids see trucks they get happy and they want to go and play well that area be safe and will it you know be fenced off to where let's say outside members do not have access at all to that area yes ma'am the it'll be fenced off the whole section will be fenced and locked uh as even requested in the report that we have the box there so that if cover someone needs to get in they can um it's also unique in the sense of the property is just kind of like a big L like when you just come up and then this part of the property is up here so like where the kids come in is at the bottommost point of it here and the trucks would be like up here you know and so sorry keep doing that um so yeah this is not that's not an area they go to um you know and if they did they would have to travel you know I think it would almost feel like a block and a half to you know so to say get up the driveway to go all the way back there which you know once again would be fenced and locked are there any other the board members I didn't hear whether you said there was a limit on the number of trucks that's going to be back there how many trucks so we agreed to lower it from the first proposed idea was at 60 we agreed uh to lower it to 30 just as conversational between the back and forth between the board and our representation um and as I even explained further you know the heart is to make sure that it's functional back there in regards to size you know we're not going to put we're not just going to put 30 because we got approval for 30 obviously it would have to work now is it just a certain type of truck I mean is it trailers or yes sir all trailers yeah so once again not to limit the actual opportunity because we don't have a we don't have the exact tenant right we can't you know can't go ahead and and go ahead and do that would they be dropping the trails off or they going to par back there with the cabs as well yeah some of them would park with their cabs at times uh once again keeping to the conditions we explained no hazardous no work no you know so some of them could pull in with trailers um and uh and some of them will park empty because they will be leaving empty to go pick up something and then dropping that off at other places and so yes some uses have us you know uh with the obviously storing them overnight and some have us just going in and um there's many different opportunities that we're that we're you know seeking to do but this obviously this overnight Varian is the overnight parking variance for trucks is what we're we're seeking to get I said that right the cab and the trailer would be considered just one truck yes sir and it would have to be parked appropriately as per Miss Rickett's question it would have to have a proper you know fitting so Mr hail did say about 80% of the trucks would be coming in and out 7: a.m. to 700 p.m. right what about the other 20 a lot of times yeah let me just clarify because I put it in the letter that 80% of trucks leave at that 7 to 10 and return at the end of the day as opposed to coming and going multiple times that's what I meant okay so that the 20% may have more than one trip but 80% one trip that's one to clarify sorry for interrupting but it's okay thank you for clarifying okay so he clarified that question great um another I'm sorry guys I'm asking all these questions right just want to make sure I completely understand so I do not that there is what a kind of like a park of some sort where they do have like a soccer league right across the street from your church correct it's yeah just diagonal a little just north on Stanley us maybe like a a full property length North Northwest right and now a lot of the activities are going to be coming back simply because you know School are starting and so on so there's going to be more kids and so on um and during those times at 7:00 a.m. to 7:00 p.m. so I know you did say that you may have your you know the the workers in blue there is there any other plans to just ensure let's say the safety in that area simply because there are going to be trucks you know maybe coming in and out some coming some going or so on and so forth are there any thoughts or plans in regards to that if you don't mind I'll refer that to to Joe as he touches on the traffic uh any of the traffic questions tonight tonight but I will just say um keep in mind mulbury metal and the other um the other warehouses right there are are already having that happen so that if the town might I guess that might be even a reverse question right like if the town recognizes any concerns that would be something that that um Mr Stager could identify okay thank you any other board members with questions yeah I have one question so based on what Mr Wy said you said there'd be trucks with uh sleeper cabs and trailers so would you say is it possible that these truckers might sleep overnight back there no sir no that's not a that's not the uh that's not the usage we're asking for as people so there's no so for example a truck's coming for delivery he's not be able to make it till tomorrow m is he able to park his truck back there and sleep there overnight till the morning that's not a usage that I've discussed with any of the possible prospective tenants at all uh they've made it very very clear that you know they they make their runs to the port you know and any long run they have it starts in the in the morning you know when they leave and then that's it you know they they go and come back later um you know so yeah no there you willing to put that in your oh I definitely would be willing to put yeah that we don't have people sleeping in truck I don't want even for the nature of what we do I don't need men or women I'm saying it's possible I mean you know it happens I mean trucker overnight you know and I think it goes like I remember last time one question that was asked in regards to the fire what what if there's a fire back there you know and I I think it's kind of a similar answer to like we want to make sure we do all the proper precaution things cuz things could happen I mean things you know things happen all over the place but we want to make sure that you know just like for fire we have all the lanes that in our contract we put things like that that would help them understand that we don't we don't want people sleeping back there um you know the intention is that you have your truck to go get what you need and go from there thank I do have another question so now with the truckers right when they come they pick up the truck and they leave and they may come with their own vehicles are there parking for their own Vehicles there yes so the intention that they've all explained consistently to me any possible tenant is that they basically replace you know so their cars go in the same you know areas that the the truck was in and then they but they go out from there thank you well thank you any other board questions I got a after you said you're going to be the landlord and the effective people will be tenants AFF your back all oh for sure I think the whole point in coming to you guys is that look I mean we have people you know as you mentioned we have people parking back we have people in our congregation who are helping us take care of things back there you know they have different businesses they have stuff we want to do this right like we're not trying to skirt around things and if we're going to make a profit that's not a non-for-profit in that sense and we want to do the right thing which means that we are understanding that we're going to receive a tax bill for that that we would you know then be amable to all those changes um but we think that when we look at the church and even going back to your original question about maybe why not Park back there is that as a church and I think you've seen a lot of churches close over the last few years since Co this church that we took over only had 35 people roughly uh and I'm being generous you know when we when we took it over in 2015 you know and so I think the whole point is that by being a good Steward of your property coming to the town and partnering and saying hey we all know there's people parking in places they shouldn't we all know things are happening let's not you know try to catch each other in lies here let's be honest we came because we want to do the right thing we came because we'd like to rent out a portion of our property according to the the proper laws and rules that Union would have for us under the conditions that we've mentioned and yes 100% we understand uh We've even uh you know during the process we've asked even the tax assessor uh during the time to just say you know what what what could that look like so we can at least understand the cost of that you know tax back there so that we can pass that number along in a possible contract to a prospective tenant as we start to understand if it's worth you know uh doing all this I mean as you as you could imagine between the professionals here and the the long road this has been um you know this is not something that we just put together overnight these drawings and these you know these cases take a lot of time to put together um I really really hope that that you all see that excellence and the honesty and the transparency of saying hey let's do this right let's do it together let's make sure it's a usage that's proper for the town and proper for the church um because there are a lot of things we can can do back there as defined as Mr hell so eloquently shared earlier any other board members with questions at this time are there any members of the public that would like to question just the testimony that Pastor Nick has given not make a comment just his testimony hearing none Mr H yes thank you thank you Pastor Nick I'd now like to call upon Joseph stiger who will be testifying as a civil and traffic engineer and uh by the way on the Civil end of things I know Joe's been here many times but Ed deck who had prepared the plans unfortunately had a conflict this evening and Joe was kind enough to cover both the Civil uh engineering aspects and then also the uh uh the traffic impact good evening Mr Styer can I ask you to swear or affirm that the testimony you provide this evening is the truth and the whole truth yes I do and for the record state spell your name with your affiliate yes Joseph stiger s a i g a r and Mr stiger I know over the years you've been before this board on many occasions if you could briefly give the board your credentials yes uh Bachelor of Science master of science degree civil engineering New Jersey Institute of Technology also been an agent professor in this in the department of civil engineering at NJIT I hold a uh Engineers license professional license in the state of New Jersey as well as in other states and a professional planner license uh here in New Jersey too Mr hail the board will accept his credentials great thank you Mr chairman all right Mr tiger obviously uh you're now well familiar with the site with the application so if you could take the board through uh the plans that were prepared by Mr deck again acknowledging and Mr pan obviously uh he's recognized professional engineer uh and is well familiar with the plans the colar letter and the like so no problem with that ultimately if the plans get acted on obviously Mr deck would be re involved in working sure so if you could take us through think uh the various plans existing conditions and then what's proposed by way of improvements and then we can move on to uh the coler's review letter and uh and your comments on traffic uh so this is a sheet two of five there's five sheets to the um uh engineering plans first sheet is the cover sheet that gives the the uh zoning table and various uh zoning maps and and tax maps but this depicts the existing conditions and by the way to interrupt sorry again this was as we I've indicated the plants were marked as A1 right Rob the plants are was it A1 was the app one the plans are A2 okay five pages all right good yep and this is sheet two of five uh existing conditions uh we have um on the right side since my pointers there already is uh Route 78 uh as you can see we have Route 78 we that we we border um primarily the truck parking and and the uh area is this rear area in the back uh so again just a depiction of the surrounding properties Route 78 uh more or less to the South uh we do have residential to the uh west of the site to the north of the site is Stanley Terrace and psng um substation uh to the east uh the church sits up in front uh those other buildings that Pastor Nick was talking about the other um tenants uh are in the rear over there uh this existing uh conditions of this site is is that is stoned uh meaning that it's um you know a gravel or a gravel or stone paved area uh and we're going to reuse that area but make some improvements to that area um particularly and I'll go to the next sheet to give you a better view of that and I don't know how to get there um separate it's a separate PDF okay so I got to get out of this one and go okay cover oh cover sheet all right lighting L all right I'm going to take a guess that this is the uh the layout sheet no that's a tax map they're not identified exactly let me try this one okay here we go all right so this is uh this should be all right um this this this sheet three again I I can't it's too small for me to see let me let me compare it to the sheet that I have oh sheet four yeah and I'm I'm going to sheet for because that gives us the U proposed site plan but also shows some of the grading as well uh as I said before the um the existing uh Pavement in the back uh stone and gravel pavement I call it um uh it Remains the Same um and we're going to park and we're show depicting on this site 30 parking spaces um along the um the north side and and the South Side uh of of the lot so Stanley Terrace is at the bottom of the page um this is a this is a blow up of of the um improved the area um and to the bottom of the page nothing's going to change the driveway is in this dark area here there's going to be a gate and a fence that ties into the building and also wraps around the the driveway as well to secure this area uh so that um you wouldn't have people just Meandering back there trucks would come in they would park in one of the park working spaces uh and on the site um and then and at at night or or leave the site in the morning uh a big Improvement to this site is this bio retention Basin that we're showing on the I'll call it the left side or or uh east side of the site and what that is it's going to be a detention Basin it's going to have uh vegetation on it that um that purifies the water to a sediment drops out and any pollutants that come off of this this paved area go into that area into that bio retention Basin it is designed to hold the 100-year storm without any overflow happening so the one two 10 10e storms 50-year storm and up to a 100e storm is going to be completely contained within that uh detention Basin and water will then uh percolate uh into the ground down uh in order for it to be discharged it does have an emergency Spillway that in the event there is a more than a 100-year storm which seems to happen every two years uh as just factiously saying that but um if there is a condition such as that uh we do have a an overflow uh uh for the protected overflow um along the um uh I'll call it the west side of the site we do have our residential Neighbors and we're proposing a staggered double row of Arbor VY along that entire length we do comply with the 25 ft buffer per your zoning plus we're enhancing that buffer by providing this uh vegetative um uh physical buffer uh as well uh arbores are very uh effective in providing a buffer they're Evergreen they're green all year long they Doo have um a growth rate of up to a foot per year here so it will enhance um uh that area and protect those those residents from any disturbance as you heard from the previous testimony this is going to be a 7 to7 at the most uh activity by 7 p.m. it shuts down the gates are locked for most part and uh and then it's a quiet uh area uh until the next day so um in in terms of having any disturbance to the um Neighbors uh be none to minimum at all uh now I think the comparison here uh that Mr hail particularly brought out in the types of permitted uses that could go back there you know the industrial types of uses manufacturing uh car repair or auto repair um those those would have no restrictions that we're we're imposing and and and would agree to as conditions by the board of limiting the amount of activity on the site um that those could be 247 activities they could be uh 7even days a week uh we're limited to that's that 12 hours per day Monday through F Friday only so in terms of having and being a a type of nuisance uh to the neighborhood um I don't believe that all would be uh would be a uh create any issue um the one question about the uh amount of traffic and how it may affect the particularly the the playground and children playing and and so forth again we are in in the zone that allows and actually um stipulates that there that this Zone should have heavy traffic uses um and those types of uses that are permitted are would generate more intensive uh traffic flow truck traffic particularly uh being generated by the site more so than what we're proposing uh on uh with this application the big factor here is the D variance is only related to the storage of those trucks at night uh not the um not the the generation of of of the trucks themselves because all those permitted uses obviously generate uh trucks and in terms of the truck Roots we're more than willing to work with your engineer with the police department uh to impose any truck Roots uh that we should be following as well uh and again I don't think um we wouldn't be here um imposing that condition upon its application as well if we were permitted use as well they you know there would be more or less a free range uh of uh of truck truck movements on on your Township streets um I think at this time I just like to go through the colar yes so he going to say y Mr Styer can I just ask a quick question we we've had a lot of legal here and I don't want to run too far f for the board if any of those permitt uses manufacturing industrial anything that you or Mr hail described offered to have overnight stored truck parking they would be here for a D1 varant as well correct correct okay I just want to be clear on that permissive but there's there's a distinction about why we're here there's no doubt about that in terms exactly and and that that was the point and that that's the reason why we're here that overnight of truck parking uh but if you take that aside and look at some of the permitted uses on this property they potentially could have far more impact than our uh our proposal in terms of generation of of vehicles noise and and operating that 24/7 period yeah and just further to clarify that yeah I I do acknowledge that the ordinance does say overnight truck parking shall not be permitted but it it doesn't include equipment which when you look at the outdoor the definition of outdoor storage it could be a contractor storage yard or a junkyard so that there could be disabled b or not no I I get vehicles and the like it's trck Bo to deliberate that's why it's the first or hearing some substance in terms of testimony but I just want to make sure they refocus of why we're here it's it's still a de variance in the context and you know your experts and yourself legally are offering reasons of why the board can overcome that burden but it exists and that's why we're here I just want to be clear on that it's not uh as as simple unfortunately as as you guys are making it I I I think the point uh was that I was trying to make is is that um some questions from the board members as well is what what would the impacts be uh um you know with it introduction of truck traffic on this site and uh the truck traffic on this site could be there legally if it wasn't that they were parked overnight and really that's the issue here trucks are going to be generated by permitted uses if this site were to be used used for we wouldn't be here tonight it's only the uh incidence of uh of what we're requesting with the truck parking at night go to the colleag yes good please yeah and by the way we're referring to the coler's letter there was an original letter but it's the uh updated letter of June June 12th yep and um I'll go only to the um points that uh Mr Venia had made from Co Mr joke Venia from from cers had made uh that he is um uh either requesting or or or telling us we shall do uh certain things and and our response of how that can be included in the in the uh resolution as a condition of approval and I'm going to jump to the first one which is on the second page uh comment 3.1 onsite improvements and uh that was the Milling the milling and overlay repair of the driveway to the satisfaction Township engineer which we will uh agree to um number 3.2 is already answered but I'll reiterate itated that the applicant were clarifying that number of truck parking spaces would be 30 maximum so uh there may be less but 30 would be the maximum number that would be parked there jumping to 4.2 um where Mr Veni talks about the bio retention Basin uh that there should be a minimum separation that's is the last sentence on that comment minimum separation of 2 feet between the ba bottom of the Basin and seasonal high water order table and we do have a uh we have made that study since the letter and we have um um study that shows that there is uh greater than two ft separation we're going to obviously submit that to your engineer and to the board uh as as that that proof um jumping all the way on page three now um because nothing else really needs a a response uh to 6.2 uh just a correction the the latter number of or 39 the last number 39560 is the right number I'll just interrupt 5.1 lighting will be shielded and we did add the additional uh abraitis yeah and there's a note now on the plan that that talks about that shielding so again that'll be to the satisfaction of the of the township engineer and I the last sentence um I don't know how I'm I'm reading it because the tree bu buer along the property line with the residential shall be supplemented with additional aror VY I don't know if he's asking for additional Arbor V or or the fact that the existing tree buffer that's there is being supplemented by the arbor V we'll clarify with that with him on that he's very you know we we work with him very well and if he requires or requests additional aror Ving along that uh buffer will certainly provide it and before you go to 62 again 61 no problem at EX ending the fence behind the other property okay sorry yep and I think that's it I think everything else well again we're we're agreeing to everything on this uh this report okay and I know we commented police had had no comments and the fire department was uh let me just pull that one up just uh again the KNX boox on the uh on the Gate entrance and clear aisles uh for Access for emergency and again as a civil and and traffic engineer uh uh this has been reviewed and they just are you confirming that there's adequate uh site circulation for police or fire an emergency yes that's absolutely correct yes okay great no further questions at this time Mr stiger any board members like question a testimony that Mr stiger has given this evening I just have one um concerning col's technical comments 6.2 terms of two different um oh numbers areas um where there's the lower 3.6 36521 39,6 um do the statement still hold true that we um that bio retention BAS hold 100 years St for either one of those values well if it holds it for the big one it'll hold the 39,000 39,000 that's the point is it is it designed based on the 39,000 or the 36,000 39,000 yeah so yeah and there was a note somewhere I think an error with the 36,000 number but the drainage report includes a 39,000 number any other board members with questions I just oh I sorry I do have a question now are there any environmental factors in regards to more trucks being back there as well as you know when it gets cold you got to warm up the truck I believe that was asked at the last meeting as well where you know you got to leave the truck running at some point in time or for a certain period of time are there any environmental factors there well the one Environ mental factor is that we're introducing motor vehicles and you're always going to have some motor oil maybe drippage and so forth reason for the bio retention Basin is to be able to collect that that uh runoff into the into the uh into the Basin and then release it through the ground through into through groundwater after it's filtered from the bio bio material the the vegetation on the bottom of that Basin uh in terms of um uh there are there is a state law for anti-idling laws for trucks um and three minute maximum so if there is any uh anything above and beyond that they're susceptible to being fined or or the the penalty of uh of idling it longer does that answer your question yes okay Mr ster I have a question y to to miss Rickett's Point um will there be any Refrigeration trucks because they they there is law that they can uh they have to stay overnight yes yeah and I mean they have to keep going overnight yeah and actually even even for if someone was sleeping in as you see a truck stops you can idle your vehicle for warmth or for coolness on day like today we're not having people sleep in those any any any trucks so yes there is there are conditions or certain stipulation or or certain uh opport opportunities where you can idle uh the trucks but we're not we don't meet any of those will there be Refrigeration Refrigeration because they they have to go through the night I mean that would beer another condition would be no no refers no refrigerated trucks and and that might be a nuisance to the neighbors as well we don't we don't want that any other board members with questions for Mr Mr stiger hearing none are there any members of the public like that would like to question the testimony that Mr stiger has given this evening hearing none Mr hail yes I now call upon Nicholas gravano or professional planner thank you Mr Mr grav I ask you to swear or affirm that the testimony provideed this evening is the truth and the whole truth I do for the record just State spell your name with your affiliation yes my first name is Nicholas with an H last name graviano gr a v is inv Victor i a n o I'm a planner and partner with graviano and Gillis AR Architects and planners with a business address of 101 Crawford's Corner Road in home Del New Jersey okay and Mr graviano I know you've been here again almost every week but if you could briefly give the board uh and confirm your licenses and credentials I wish it was every week it's been a little while um H the bachelor's degree from Ruckers University a master's degree in City Regional planning from Ruckers University a law degree from the Temple University School of Law we'll accept Mr gravan thank you chairman always you I want to hear it again no the board will accept this credential thank you thank you all right Mr graviano obviously you've been involved in this project for quite some time if you could please touch on the planning justifications for the uh variance relief being sought here this evening certainly uh as you heard in previous testimony the applicant is before the board this evening requesting D variant relief for the overnight truck parking as well as preliminary and final site plan approval related to a specific piece of property located at 2208 Stanley Terrace that is known on the Township tax maps as block 5504 lot 178 and 22.01 uh it's located within the Township's commercial industrial the CI Zone um as you heard Mr stagger uh in his testimony the site is situated on Stanley Terrace between Ashwood and Wilbert a budding Route 78 the site is a little over 2 acres and currently improved with a two-story Masonry building and a parking lot in the rear of lot 22.1 adjacent to Route 78 that's where the applicant's activity that is before you this a this evening will occur uh the applicant is requesting relief from Township Code section 170 -92 subsection D subsection 2 and that overnight truck parking is not permitted in the district uh I would like to note that the applicant uh does not agree agree fully fully with that variance relief but in deference to and respect to the board professionals determination the applicant will put on the proofs required for the D1 use variants um that that position is taken in that the prohibition of the overnight truck parking is not related uh to the use section but in the parking and loading in section which is typically treated uh as a bulk variance however the applicant is requesting this D1 variance this evening uh when we look at the purpose of the CI District Mr hail touched on this in his intro the purpose of the CI district is permit large lots and buildings for the operation of industrial office warehousing distribution manufacturing and similar businesses that generate considerable vehicle traffic require L large indoor spaces Andor produce otherwise undesirable externalities the applicant has gone through Great Lengths to eliminate any undesirable externalities with this application by many of the conditions that have been set forth before you this evening first uh the applicant has limited the hours between 700 a.m. and 700 p.m. uh the applicant has limited it to 30 trucks on the site uh the applicant has provided extensive landscaping and and buffering on the site uh even to the extent when you look at the vehicle stacking plan the vehicle stacking has been located as far away from the residential uses as possible so a lot of care and and a lot of consideration has gone into uh the development of this plan uh this is a Zone which permits a wide range of uses everything from manufacturing research public garages outdoor storage as well as other commercial uses um when you look at the 2021 master plan of the township of Union uh this is indicated under the land use map as a commercial and industrial property um as well as the master plan uh goes through L Great Lengths on pages 73 and 74 describing the proposed land uses um that are indicated in the zoning ordinance additionally the master plan goes on to say while uses are gener while uses generally do not serve the public traffic to and from sites may take place during normal business hours or take place during non-traditional hours particularly for loading and unloading activities so the master plan does contemp plate uses on these CI industrial sites that go beyond normal business hours the applicant before you this evening has gone through Great Lengths to provide activities during normal business hours although the master plan contemplates hours outside of those hours so when looking at the positive criteria of the D1 use variance request uh the applicant must demonstrate that the use could be granted in particular cases and for special reasons uh that's the positive criteria of the use variants now proof that a site is particularly suited for proposed use does not require proof by the applicant that there are other viable locations for this use within the township just that this site has specific characteristics that makes the overnight parking of trucks appropriate uh the applicant must also set forth the negative criteria that there's no substantial impairment of the Zone plan uh which is the master plan or the zoning ordinance which is this commercial industrial district looking at the particular suitability of the site why is this site particularly suited for overnight truck parking firstly it's a zone that allows truck parking the prohibition in this Zone limits the truck parking to certain hours a day so this is a site that during different hours can accommodate truck parking secondly the applicant has the ability to provide extensive buffering between the adjacent residential uses and the proposed truck Andor trailer parking on the site and the proximity to Route 78 also helps uh minimize any potential nuisances from the parking of vehicles on that site looking at the advancement of the purposes of zoning of the municipal land use law this use certainly sets forth uh promotion of purpose a to promote the general health safety morals and Welfare of the community and you heard Pastor Nick touch on some of those items this site is now going to become a productive use on the tax rolls it's going to provide essential funding to provide the church funding to carry on the essential services that it does such as the food bank so the funding from this rental of this industrial portion of the site will help continue critical uh church services uh Additionally the applicant is proposing a use that aside for the overnight truck parking conforms to all the requirements of the zoning ordinance and you heard Mr stagger indicate that the applicant is providing a storm water management system which does not currently exist on the site today it also advances purpose G to provide sufficient space and appropriate location for a variety of industrial uses to meet the needs of New Jersey citizens and as I stated before this use is permitted just the parking of trucks in overnight hours is not permitted so this is a site that can accommodate what the applicant is proposing during the day uh lastly uh the applicant advances purpose ey desirable visual environment through creative development techniques and good Civic design and Arrangement and that's done through the extensive Landscaping uh provided adjacent to the neighbors as well as the introduction of the storm water uh management system to the site looking at the negative criteria there really is not any negative impacts from the overnight truck parking on this site when you look at it the applicant has agreed to gate the site there will be no access to the site after 700 p.m. so if a vehicle is parked on a site from 7:00 p.m. to 7:00 a.m. it's not moving it's not generating noise it's not generating traffic what nuisances does that provide to the surrounding neighbors it provides no nuisance because the vehicles aren't moving they're not being utilized there's no activity on the site so I really do not see any substantial detriment to the surrounding Community I think when you do look at other permitted us es on the site and and Mr pansu was great on highlighting that we are here for the overnight parking but I think what Mr stagger was trying to portray to the board are that manufacturing uses can operate 247 on this site there are other commercial uses that can operate that will generate more traffic and more activity than the site uh that the applicant proposes before you this evening with the very considerate and detailed um conditions that have been set forth and agreed to the board to try to uh take consideration of the board's concerns and the general Public's concerns at large uh when you have a use variance you must show the ultimate burden of proof of why this given the admission of the overnight parking from The Zone and I think I touched on that earlier truck parking is permitted on this site under different hours of the day and there's no nuisance activities that come from a closed site from parked vehicles uh with zero activity being conducted on the property so in summary the D variants can be granted uh because the S is particularly suited for the overnight truck parking given the proximity to Route 78 given the fact that it's in the CI Zone which the master plan and the zoning ordinance has gone through Great Lengths to say that this is more appropriate for more intensive uses the applicant is not proposing an intense use before you this evening 30 trucks is a very minimal use for the site it's minimized traffic in and out of the site uh the purposes of zoning Ag and I have been Advanced and there's no substantial impairment to the Zone plan or zoning ordinance with the granting of this variance thank you Mr grab anal Mr chairman no further questions at this time are there any board members that would like to question the testimony that Mr graviano has given hearing none are there any members of the public that would like to question the testimony at the witness has provided hearing none Mr panula would you like to make any comments before I open it up to the public well I Mr hail do you have any other Witnesses we have no further Witnesses at this time Mr deck is not going to testify because Mr stiger filled his role correct um my only reaction and I know this case has kicked around quite a bit uh is to some of the legal ease that we've discussed I mentioned it you've mentioned it and the planner just did a good job pointing out some things uh my concern with the way the case has jumped around since April is that I think I may want the time myself legally to offer some further analysis for the board based on some of the testimony tonight uh not of which I'm going to need a lot of time to our next meeting but I think it makes sense to have the opportunity for me to do it and I obviously work in coordination with your office uh to have the board prepared and then we have a lot of public here tonight I assume and Mr chairman I would suggest that if anybody is here tonight in objection to the application that they be identified for the record since we are here and it is getting late but uh if we make that announcement um if anyone tonight is here uh to offer a comment an objection to the application if you could just identify Yourself by a show of hand in the audience I we have a couple dozen several dozen people here this evening is there anyone in the audience that plans to object or offer comments of concern okay so basically this are members of the Congress maybe we could ask the reverse question who's here in support no I you know I I didn't bring my earplugs no and I appreciate that and I'm not trying to be difficult but my concern is is the lapse of time as much as anything since we did start this in April we had a revision to the plan we've had an amended coler's report I think In fairness to the board uh and myself because I want to offer the additional input uh to give them the opportunity maybe even to Circle back at this site and see exactly uh some of the details that we saw in the site plan I know they probably have all been out there now but in context with Mr stiger Mr graviano testimony and I think I want to offer a summary for them at the start of the next session uh in particular Mr graviano point about where this particular limitation lies in the code because sure I mean legally that could have significance and uh in my mind and I made the point with Mr stiger if it is an expressly uh prohibited use it's a heightened D1 standard if as Mr graviano suggests that it may be in a part of the code where that analysis and I know you offered the proofs in spite of that so I I'll grant you that but I I want to be able to highlight that for the board because I think it's important I think it's an important we we Have No Object we've been working with the with the township the board the board professionals and the staff here so no no objection to that I appreciate I think our next meeting we don't have a meeting next week due to the Labor Day holiday but it is September 11th we do have so Mr chairman that unless the board I'm going to be here anyway that night so that's not want to hear more from me or or or have the followup as I suggest might be relevant due to the lapse of time that's my yeah part of my concern it's kind of unique the way this case went in to no fault of the applicant because we didn't have a forum at the last meeting you know we're here tonight now four months removed from our St sure I have no objection that the only thing I would request just like it was very helpful at the last hearing that we got some feedback and I know Mr Ricket saw what went on and again credit you for listening to it and being fresh in your mind on some of the things that came up in April but if there were any further comments or questions from the board that would be helpful for the applicant and uh again I don't think we need to uh necessarily open it to the public for comment I think everyone here and I just again ask everybody to raise their hands if they're in support of this application and and what's going to go on here right and my intent Mr H was not to shut down obviously they have the right to speak uh my since it's already 9:00 and and we if you're accommodating to come back we certainly will have the record we're not going to close the record so they will be able to add and you as well will be able to revisit yeah and it may prompt a question from the board to revisit uh your Professionals in that regard I don't know if your professionals are available I know it's accommodating I know it is expense driven as the pastor pointed out but that's the reality of a D1 again I'm going to be here that night as is Mr graviano and if we need to drag in Mr serer or Mr deck wouldn't be a problem uh so again I would just ask if the board has any further feedback as you did in April or if there's any uh just if we want to have the public they came out the night if there's anyone that that does want to speak just give them the opportunity to to say a few words we don't want to belabor the proceedings this evening but I guess first I would ask Mr panula if there are any further comments from the board or items that we want uh we've gotten some good suggestions on the no overnight sleeping no refrigerated trucks and the like I think uh Mr Johnson you had a bunch of the questions from the other hearing that we we hopefully have addressed uh and obviously with bringing up the issue and we did consider that that know uh if if this project is approved or something El that there's tax Reven or there's going to be tax revenues or rental revenues generated that that is taxable so I would just ask if there were further yeah I me certainly is relevant to Mr chairman to get the board's reaction I mean if they want to revisit the site one other clarification Mr manguso referen and it's probably a good point if there's anybody in the audience we separated the objection part but is anyone not affiliated with the congregation here tonight looking to support the application VI it a neighboring property owner or somebody within 200 fet okay or is it all congregation members just asking aside from congregation any neighbors that want to come up and and comment is anyone in the audience who is a neighbor part ofation yeah do we want to hear just I'm curious because I think it's you know I don't want to shut down the public they're here it's lat sure before the public speaks I just want to talk to the board members or at this time is there any other comments that you would like to make on this application tonight or suggestions on changes that or conditions that we can impose I think we've heard quite a bit and it's been a great dialogue okay hearing none we're going to open it up to the public come on either one I wasn't expecting to speak but good evening uh my name is Michelle Hall Stapleton and I'm District leader for District 5 here uh where the church is located I'm a member of the church um and so basically this is kind of new to me and um I just wanted to get some clarity on it because I think I'm sorry address spell your name to the call Stapleton h a l l hyen St a p l e t o n Michelle is the first name thank you District leader here for district vress uh 1627 Porter Road l or two L's okay and just so for clarity and it's so that I can bring back to the residents in the area in District 5 I just wanted to make sure that I understood this clearly um so this location is allocated to have trucks uh the question is is that can they stay overnight is that the question that's the concern of the board and I just wanted to make sure when I take it back to the residents in the area that they understand this because they may be concerned only because of the flow but if it's already allowed to flow then that wouldn't be the issue it's just the parking that's the issue is my concern is the concern of the board um and I just want to make sure uh I don't have a concern but I don't speak for everybody in District 5 and so I don't see them having a problem but like I said I think that might be something that they may not be aware of um like I said I support my pastor uh support the town and I just wanted to make sure that I also support those that I represent in District 5 and so you indicated that we were going to be coming back here on yeah on the 11th on the 11th okay so I'll just try to see if I get some other folks and just let them know and they shouldn't have an issue with it either all right I just thank you that's perfect that was my intent raising so thank oh you're welcome I had to come up a little bit I couldn't hear and again anyone else that wants to speak please any other members of the public but the record will be open you will be able to speak on the 11th once we return all right at this time board members can I have a motion in a second to adj calendar number 3431 until September the 11th 2024 Mr chairman i' like to make a motion to adjourn calendar number 343 run to September 11th's meeting for the Ukrainian vental Assemblies of God second motion roll call yes Mar yes yes Johnson yes M yes Mr Graves yes and Mr Champion yes thank you just want to confirm I'm Sorry Miss Rick oh yes yeah that it's being carried without the requirement of further notice 7:30 p.m. in this room September the 11th and we'll stipulate to any appropriate extension of time I know it's been going on I think we've stipulated that in the past but I want to Mr Hae just so because there are so many public here it there will be no new notice going to your house or in the newspaper this is the only notice we will return here at 7:30 on September 11th in this room okay well thank you all again see you on the 11th and enjoy the holiday weekend appreciate you all coming out on a semi holiday week thank you no further business coming the board this evening I move we all in favor oppos so moved