this is to advise that notice ofe location and to the extent no thank you uh agenda of the subject meeting was promptly posted in the public place reserved for such similar announcements on July 3rd 2024 transmitted to the times The Prince and packet in West Windsor and Plainsboro news on July 3rd 2024 and filed with the Township Clerk on July 3rd 2024 Sydney please call the roll Mr Patel yeah Mr Lao Mr shakel here Mr panco yes Mr Bag yes Miss Barry yes Miss appet councilman Whitfield yes mayor morate yes Vice chairman hberman here and chairman C here we have a quorum okay um we have a full agenda so I'm gonna I'm going to get moving on this um Andis uh environmental commission any report cancel okay and jica housing we haven't had a meeting since June 5th okay so nothing new to report okay thank you um okay um thank you public comment on non-agenda non- pending items if anybody would like to speak please step up to the microphone state your name and addes for the record and um you you have three minutes okay not non- agenda non- pending hi Kevin rello 106 Harris Road uh I just wanted to bring up the rezoning of Baran City uh I think it's pretty urgent that we try and move on that as quick as possible because they are starting to tear down additional houses similar to what they did at 114 Harris and I'm concerned that it's going to kind of change the character when they're building these huge houses on the double Lots so if we can hopefully you know move that along quicker that would be great thank you hey thank you uh good evening Susan conin 98 Harris Road I just want to Second what Kevin um just spoke about uh a lot of uh our neighbors are here tonight we were here a few weeks ago at the planning board and we heard you um talk about this very issue I think you heard from a lot of people that were very concerned about keeping the character of our neighborhood and we look forward to being involved in the the the process of coming up with the zoning uh but as Kevin said it's really time to move on this so um I hope you'll take a look at that and get things started thank you when is that next SL I so T I do it okay my name is Mary condo six Barian um the house that was torn down was my neighbor's house right next to me um in addition to the zoning elements I think we really need to revisit some OSHA things because what I saw at that con deconstruction site was a little bit appalling um they dropped the second floor between our houses Which is less than 20 feet they dropped it down to the ground um the township coating people were very very great about coming quickly but that should have never happened the workers were without mask to protect them from the insulation that was literally flying everywhere and it was flying into yards across the street they had no gloves they had no toilet for the week they just put one on yesterday um it was it was it was a disgusting way to have people work in like 90 100 degree heat so in addition to our zoning and protecting our neighborhood I think we really need to protect workers that are doing work in our neighborhoods I mean most of them probably are not living here and but they it's just it was disgusting and it should be addressed thanks some yeah for something like that just call the township and the construction department is pretty strict they go in yeah yeah they Perfection it's kind of like oh whatever and sometimes it's like a seat Bel right not everybody but it's good you and it's important for yourth these are Brea in that St and years problem I speak same I it's thanks thanks for letting me know okay any anyone else okay thank you uh next on up on the agenda are the minutes from May 17th uh any uh changes other than typos that you can hand over to um Cindy for correction anybody any changes I I just have I have a quick question on page three though um when I opened for public comment it's mentioned that councilwoman Jers asked a question is that because she was in the audience oh this is 2023 okay my bad thank you yeah she was here and I didn't got it okay at least you know I read the the minutes you did um okay any any amendments changes uh hearing none I'll entertain a motion to to accept the minutes from May 17 2023 moved by Simon second by Allan Iain uh Martin abstains abstain abstain all in favor that are eligible to vote please say I I okay minutes approved thank you um there's closed session minutes did anybody have any based on the extensive close session U minutes does anybody have any amendments since I joke um I'll entertain a motion to approve the close session minutes from May 17 2023 are you you eligible for voting on these minutes yes okay U Move by Simon second by Allan uh all in favor that eligible to vote I I Susan abstain jordain and Marain thank you session Sam the notice on that is longer than the minutes okay I'm going to put him in my folder okay next up on the agenda give me one moment okay next up on the agenda planning board resolution 2024 r-4 this is resolution authorizing planning board to execute a settlement agreement with consent order between CP princ and Junction LLC the owner of Acme Woods the township Council and the planning board to settle litigation over the permitted use in the r-1c district in rp-7 District um so our council is going to talk about this resolution and then what I'm going to do is I'm going to give the public the interested people that are here to come up and have a chance to you know voice their concerns about the the litigation the resolution I push the red button hello okay hi so this settlement agreement with subtle um litigation that's gone back to 2019 it concerns um a small portion about 5.5 Acres of woods behind the um witer Plaza shopping center what is what is now the wind Plaza shopping center it's it's a mostly wooded area um its zoning is currently a low density uh residential but it has um conditional uses of a daycare um what the the developer and the plaintiff in the case has been seeking is the ability to develop that portion of the woods um with a larger size of a daycare than than would be permitted under the current zoning um and so what the settlement agreement does is to to um agree that the council the governing body will consider the rezoning ordinance and the rezoning ordinance essentially amends the current zoning to change that conditional use for the daycare to uh principal permitted use it's it increases the size of what's permitted um it changes a couple of the bulk standards the F would would increase the that's sorry that's the the floor area ratio for the property would increase slightly it adds also to the other side of the property this is a this is a single lot and it's a little weird because it's split zoned so the woods is zoned one one thing low density residential and the the shopping center side which is part of the same lot is um zoned commercial rp7 is part of the Redevelopment uh District it would so the the rezoning would also add to the list of permitted uses Veterinary um facilities on a a portion of that um which the the developer um is proposing to do and so what sort of triggered this was a concept plan um presented by the plaintiff who is um it's a an entity called CP Princeton Junction um who owns the entire lot and and uh that includes the shopping center um and he has um he would like to build a daycare center um that's larger than what's permitted under the current zoning um we have been through several settlement efforts over the years um to no avail um mainly because the site plan Concepts that were presented really didn't um satisfy I think some of the conditions that the town ship was was looking for um so the the essence of the settlement agreement is is the rezoning and again that has to go through Council and it's it's been presented to council it's been approved uh by the council which has uh also signed the settlement agreement on a first reading the second reading would occur after today's uh Board hearing um in August if uh if if if the board provides um it's consent and and also its consistency review of the ordinance which is the other agenda item today the settlement agreement does a couple of other things which are important um so in addition to the rezoning the plaintiff property owner has agreed to deed restrict the majority of the woods that's about 2third of the wooded um area of of that property and that's important because I think part of the the the contention with this lawsuit has been the interest of you know West Wind of residents to keep that area preserved and and so the settlement agreement achieves that um and will it will allow the developer to to develop a portion of the woods but I'd say it's about a third if not a little bit less than the area so the the the plaintiff developer is agreeing to deed restrict permanently about 2third of the woods and and to include in that um Trails the establishment of trails for use by the public uh to walk three which is um what what members of the public and and and neighbors have have been doing for many years um the the plaintiff has agreed also to pay a portion of back taxes on the property this this prop this portion of that property the wooded area has not been taxed since the current owner took title in 2010 um and that was because it was deemed undevelopable well um what a court has has um ordered in as part of this lawsuit was that in fact the woods are developable uh in accordance with the current zoning but there there is a 100 foot buffer that that was in place and and um as part of this agreement that buffer also would shift and that gets shifted to the side of Baran Baran City neighbors so there will be a 100 foot buffer that that um entally um will go along the boundary with with the Varian City neighbors um and I think that's that's important as well so the overall concept really minimizes the to the extent I think possible under this this proposed plan the amount of disturbance to the woods um it you know it provides the township with some back taxes it assures that most of the woods will be deed restricted um and it will make this litigation go away which I think everybody um has an interest in in seeing um as I said the council has reviewed the settlement agreement um they've done a first reading of the of the proposed rezoning um they've approved the settlement agreement one thing I should point out which came to light just yesterday actually was a small error in the settlement agreement which I'll point out to the board um and that is the existing 100 foot buffer will actually go away because of the proposed development um and the proposed development by the way the concept plan is not a part of this litigation meaning there's no approval of the actual development that will have to go through the normal planning board process the public will get a chance to um to attend that hearing and that meeting when it takes place um so to be clear there's no there's no approval here of a of a site plan that's that's um that's contemplated by this but it's not what the settlement agreement does um but um the change of just going to point out um and if you're looking at the draft settlement agreement is on page seven and I've got I've got the slip page essentially the existing 100 foot buffer is being shifted to the other side of the property and the the draft that was already reviewed by Council and approved uh did not accurately reflect that so it's a it's a fairly minor change um and we'll bring that to the council's attention but with that change you know we're asking the board to consider signing the board is a is a named defendant in this litigation which is why um it needs to approve the settlement agreement um so I will hand out this slip page and if anyone has any questions I'll I'll be happy to answer no they will come to the planning board with this it's part of the package that was mailed to you it should be in the package I just pulled it out of my package and this package was sent to everyone it's that it's what everybody else got Allen and it's online too yeah yeah no by the Township in in collaboration with the developer but the Oh by the township sorry that I misspoke but that's right I mean we we'll be working in collaboration with the developer but essentially it's the townships that's taking on the responsibility for those Trails yeah I mean I just one clarification same clarification I made at the council meeting we have the right to develop the path doesn't mean that it will happen right away I mean I just want to caution people we the agreement allows us to develop Trails Through the Wood if we so choose at our own cost but doesn't mean it's going to happen first thing when there's no timeline but did one of the last sing point was getting us permission to do the trails if we so choose to do the trails hello yeah the backup tax doesn't include any penalty also just sorry second backup taxes they paying include any penalty backup no no the way we arrived at that and there's a provision in the settlement agreement that describes the formula we essentially because if I delay vote one day I pay penalty no I mean let me clarify see that that just illustrates what why we had to settle this because uh everybody thought that the woods were always preserved I moved here in ' 94 everybody told me the woods are preserved the original development happened in 1970 sometime that time nobody wrote anywhere in the memorandum that the woods were preserved uh seiser came to the planning board in 1999 I believe at that time when the township gave permission nobody wrote that the woods were preserved so he at that time even seiser thought the woods were preserved that's why he paid taxes as if it was on developable land later on he found out that we have not documented anywhere that the woods were preserved so he sued the township we do lose that part of the litigation that the woods were preserved because it was nowhere documented that the woods were preserved so now since he's asking to develop them Woods our argument was then you should go and pay back taxes as if the woods were not preserved because you paid assuming the woods were preserved so that's that's one of the things why lawyers on their money whoever the lawyer was back there in' 70s and 99 never bothered to put it down on the paper how much backup taxes they are paying from when to to when year Wise from they're paying about 6 68,000 and change I know I'm doing the years from when to when from two from 2020 which is when the Court established provided an order in the first part of this litigation and said the woods are developable um and we felt that that was a Fair Point to go back um you know we would have gone back further we got a lot of push back from from the developer on that um but we agreed that it would go back to to the date of that order essentially and include this year um and then it was sort of a portioned for the the part of the words that is being developed okay thank youed restricted it's no it's not um that will be um and that will be subsequent to the um I I I'm just looking to see if we had a date for when that would be provided the um the developer will execute the restrict the deed restriction and submit it within 10 days of the final dismissal of the litigation so that will happen fairly quickly I I think that's fair yeah it's about 2/3 it's you could say it's being subsumed yes um but but some of that deed restriction also will extend to you know the the north portion of that which I think I'm gonna guess that the deed restricted portion will be further away from existing development right it'll be the like the woods are let's call it a rectangle but it'll be on the portion of woods that are away from the existing um STP I mean I think you know when we get when we draft the the easement um the deed restriction um we will'll have a meet and Bounds for this can be right this is yeah something there's a storm water basement here this is really not okay any any other questions here yeah go ahead I remember they could develop against 571 on is that P they were going to put pads there I remember right correct so is that still that's that's not being changed by any of this so whatever is in place now will continue yeah so yes yeah the only change the only change to the commercial Zone which is where the shopping center is is the addition of the the vet facility on the I guess it's the yeah no I think there'll be a reconfiguration of the parking around that building there there is um there's I think there's a bank building there but there it's a fairly small portion that you'll see on the on the concept plan up here that's that's being proposed which could be a mixed use be a mixed use which which is permitted under the current zoning the only change is the addition of the they would have to come back they would have to come back before the planning board to stick any pads up the front anywhere on that's right that's right yeah okay so yeah I was just checking the woods are not in the red vment Zone that's outside of Redevelopment Zone the existing Center the front to 571 I remember the application I remember when he came in he talked about putting some Standalone pads up front that Abed 571 bless you and but he he he never he developed the backside of the the center but he never right and if any pads come if he wants to do anything regarding the parking lot or taking away spots he'll have to come before the planning board and we'll have to decide whether it's a viable plan or not just just curious yep no I understand anybody else question sure on page nine um that's uh 8B I'm looking at 8B and it says in the event of non approval by the planning board of such site plan applications CP should be entitled to seek any remedy available to it at law or Equity sort of fuzzy like what does it mean it just means it could could file a challenge of the planning board's denial that's all that really means but it but but they cannot kind of re you know revive a challenge under this present lawsuit or or in connection with the rezoning so they can't challenge the re owning you can go back to court and uh see it it would be a you know a typical prerogative R challenge of the board's approval um you know that's open-ended it it really isn't I mean I think the only way you can really challenge a board approval is to file a prerogative rid which which you know if they're unhappy with a denial they would they would probably try to do but it wouldn't it wouldn't do anything to this settlement agreement that would be a discret a new action that that that challenges the board's approval I I I look at it as yeah we have a settlement then they come they present a plan to the planning board and you know we don't like the settlement so we're going to squash any plan they come before us and basically send it back to court so they're just trying to protect themselves from like us not agreeing to any plan they they put before us Mr Right I mean the board would have to consider this as it would any other application that conforms to the zoning um I think given the history here it's unlikely that the developer would be seeking any kind of variance relief or or waiver relief because they have a site plan in mind and so um nevertheless I mean the board has to follow the same the same constraints that it would with any other application anybody else okay seeing none I know there's a lot of anxious uh I see a lot of anxious faces out there in the audience so at this moment I'll open it up to the public if they'd like to make some comments regarding this resolution and litigation settlement please step up to microphone state your name and address for the record the attorney will swear you in for for your testimony hi hi could you just raise your right hand and you swear or affirm that the testimony she'll give will be the truth yes and please state your name again Kevin ralo 106 Harris Road how do you spell your last name sorry r a n a l l o thank you okay um so this is related to to potential traffic I'm concerned about the additional traffic that the daycare would bring to the intersection uh Alexander and Harris um I think I believe that uh any ambiguity in the settlement about new entrances uh onto the property to and from Alexander uh should be addressed there should be no new entrances they shouldn't be allowed without exception uh right now it says if practicable but that seems just like a loophole it's just leaving something open that you know if they feel that they need to add another entrance on Alexander that it can be done um that needs to be addressed um also pedestrian safety uh at Alexander and Harris um people walking say they're walking their children to the daycare high school students Crossing that intersection local residents uh Crossing that intersection um so that should be addressed uh either with uh sorry um safer Crossings like pedestrian activated signs where they can push it and either traffic stops or slows down preferably stops because right now it is an issue where when you go to cross one side stops the other side goes uh so it is very dangerous currently I expect it to be more dangerous as more traffic tends to go there uh also it'd be great if they could either do potentially a four-way stop at that intersection or no left turn into the shopping center and no left turn out of the shopping center uh I believe that would make it a lot safer safer and it was The Pedestrian beacons that I was referring to and I think that might cover it also want to just make a note note that the Baran City a group of Baran City people did come together we all discussed this so I am speaking on behalf of other people as well thank you thank you and let let me just say again um but for anyone who has comments that are kind of specific to the site plan you will have a chance to make those comments when the board reviews the application considers that and that's still a long way off um okay yeah and yeah you know your recommendations are very good and as Martine said that um those are all going to be you know we need those kind of comments when they come before the planning board f file their application they may address a lot of them before you know even anybody ever speaks so but keep those in mind yeah hello just raise your right hand please sir do you swear or affirm that the testimony you shall give will be the truth yes thank you please give us your name and and spell it uh my name is haral G Chima can you spell that for me h a r k a w a l j i t thank you y I live right across the establishment in context so uh I I think I'll definitely be affected and uh it's it's a beautiful Road beautiful Greenery and I think if we see what is in the plaza is any ref friend I do see that the uh the landscape which we currently have would lead to lot of uh visibly Greenery lost uh it it might be covered in the future stages but I would ask that we should look at lessons from How The Plaza entrance looks maybe we need to add additional retain the trees we have but also add some shrub because you know to to a good height we it will lead to lot of uh transparency or visibility so that's one uh consideration I want to give second I think the the in the in the document it's not very clear about whether there'll be new entry it's little WG but looking at the amount of traffic we have on Alexander which is already quite a lot we don't you know adding another access will uh probably create more problem than other and also impact the green R which I'm advocating the point number one uh lastly The Pedestrian Crossing is the point mentioned before is already you though we have a speed limit uh not only there's high traffic but there's speed is also you know overlooked by by The Cars and crossing the street is already challenge for multiple reasons one traffic but the second is that there is not sufficient light or some means where pedestrian can you know claim the right that please give me away so as we know that this development sooner or later will come in place size small or big I think that we decided but we need to already look at what measures we can put in place so that the harage street and the Alexander road is more safer uh considering my house and my immediate neighbors we do not have a pathway on our side so either we cross the road which is dangerous or we cross and that's the only way we can access the plaza so these are the three points I request to consider of course there's a long way to go and I'll be coming for the next as well but please consider as we are looking at this development thank Youk you thank you anyone else please step up St your name address the our Council swear you in will affirm that the testimony suar will be the truth of course yes and remind me of your name please Mary condo KO n d o 6 Barian Avenue you know I'm I'm so sad that we even have to be here having this conversation because when we moved here in 2008 we didn't think that this even even a happening that could occur and from what I heard it's because of some some like unfortunate incident with the deed right and so when the neighborhood is talking about what we need you know from this settlement it's because the township did not serve us quite as properly as maybe they should by making sure that it was preserved in the deed and none of the things that we're saying are like out of line and none of the things that we are asking for Are Over the Top what we're asking for is like is a solid protection for the two3 most of us are resigned to losing onethird which has so much diverse flora and fauna and and wetlands and I don't know if you all know we also have albino squirrels in our neighborhood and they call those Woods Homes and you know there's certain kind of frogs that were on the threatened list those are in those woods and so it's like it's not just us and then you know all of that wildli that is going to be displaced do you know where it's going to be going it's going to be going on Harris it's going to be going on Scott it's going to be going on Lily and Barry and all over we have really big coyotes right now in our thing not that I'm saying I want you to get rid of them but where are they going to be going when the old Bear Brook developments came up you know like those really big tow houses and apartment complexes where do you think all of the birds of prey went I have so many hawks and owls in my one quarter acre blond because basically all you know so many trees have been taken down we have turkey vultures I had to put a tarp on my back porch because turkey vultures are hanging out in our neighborhood um so anyway I have to read my points sorry I was digressing a little bit just because it's so frustrating I lose my English um so we want certain limits to Future development we want that Ironclad we want to make sure that those two buildings are the extent of the settlement that are even near the woods um no other new buildings we want to make sure that is Ironclad in the settlement we don't want him to be goldfish nibbling on the woods anymore with his buildings or his Landscaping um we want to make sure that it is in the deed and we want that deed like Ironclad and we would like to see it beforehand only because transparency wasn't really awesome about this and and it's it's frustrating and so and if the daycare operator nobody comes in but going to happen to that building is it just going to stay vacant until he finds someone or is he going to slip in and say hey I have this building and it's awesome I want something else in there we need that Ironclad that he can't do it it would be great if you could get it so that he couldn't even build the building until he had a daycare that was interested and that's not unreasonable um we want to make sure that it's always the r zoning we don't want any commercial zoning we don't want it rezoned and we want to know exact exactly how many apartments are going to be above the veterinarian we kind of eyeballed it and we're like oh it might be six Apartments ideally all of those apartments should be affordable housing I don't see why they couldn't be there's a lot of housing going on across the street and everything but at least he needs to have the percentage of affordable housing don't let him get away with full price apartments on there he at least we thought probably one right we thought if there's six that at least should have one affordable hous ideally all half would be awesome too now for the building uses we have issues music he puts music on all the time at the at the supermarket area and it's loud it's like and it's unfortunate I know I mean I'm okay with most of the songs but some people won't be okay and so we don't want like his music B dangling around the neighborhood anymore it's ridiculous the hours like the buildings sure the dayare is probably from 6:00 to 6 but is he going to be allowed to have weekend use is he going to be allowed evening use on those buildings they could be having parties all the time and people across the street they will be hearing it we hear parties from Monteray so I know that those people across the street from them will be hearing parties um the types of use yeah signage no more signage he has that big old sign he doesn't need to have any more sign facing Alexander that's a very big one because he could be Ling that and those people will be seeing it right and not to you know I understand his lighted signs but you know it's not very like blendable right he wants it out and so also oh it should be blend made to blend the apart environment and then sorry yeah because I wanted to get example of Princeton they don't allow like obnox a signage in like their downtown area and if this is our downtown area we have a vast opportunity to make it as cute as possible right now I don't think it is cute I don't think it's attractive we're number 14 in the country for livable places you should we should be like embracing the livable you should be aiming for number one you should be saying hey look at us we're in the middle of New Jersey and we are the greenest most cutest Town you're ever going to see you don't even need to go to Southampton to get your vacation on you can just stay home because we are adorable right but it's not happening because all the crap is ugly I'm sure your will be fine but it's something to think about right so and sorry I L my English again um so that is basically what we need and I'm just saying like for the love of God just try to make it blend Beau like make sure there is no Gap where he can screw us again thanks okay thank you um there's a couple of points um that I jotted down regarding affordable housing there's rules regarding what they can put there for affordable housing and the number of affordable housing units we have sign ordinances that limit restrict the signage that he's allowed to put there um we try to limit and make attractive and and as little as possible of signs um regarding the deed restriction um isn't it isn't there a settlement on it's deed restricted it can only be preserved land is that right that's that's right it's it's not going to be developable so the deed that takes care of your request for deed restriction it's not developable um it's yeah it's legal ease but the what I'm reading here and um our Council has um translated for me is that it's restricted for development so it's going to be Woods right Sam and trails yeah so we're good on we'll go on that portion okay uh before you start Sam just two things that made me think of the the bakery that's in the witer CL right they have a flashing sign I think that's and uh uh the reference to the the sound track of the shopping center they they play the serious XL 27 yeah it's got through the overnight yeah I've no that's that's got to stop we we should verify that and and the the the the decimal level should be checked on that too and it shouldn't it should be uh turned off after hours obviously okay thank you sorry um please step up state your name and address and raise your right hand do you swear or affirm that the testimony she'll give will be the truth yes thank you please give us your name sir um William rutage 19 Scott Avenue uh thank you again for all of the service that you provide for the town we do appreciate it um you hear complaints but I want to make sure you hear that we appreciate what you do as well thank you um and this isn't easy because as others have spoken you know there's a lot of issues in the neighborhood because we all thought that this was preserved so I would like to talk about something that's near and dear to my heart which is Dark Skies the current lighting ordinances in the town permit you to have lights that shine up and out um there is evidence from the last development round when the backside of the property was developed we have lights that are clearly SE from the neighborhood at Scott Avenue and Bar that you can see shining through the woods however long a distance that is um the 100 foot buffer which apparently is being removed um we want to make sure we get at least 100 feet you know he should not be able to develop that property over towards the Scott Avenue side or the Basco side so the concept plan that was provided shows that property all being over very close almost hugging I will say the existing parking lot that he has around the shopping center now I'd like it to be in the deed somewhere the development is on that east side of and not on the west side because if that buffer is gone as maybe I misunderstood you but if that buffer is removed then he may propose putting stuff on the side closest to the res resents so I think that the concept plan shows that that's not the intent but again as we've learned if it's not in the settlement he's not going to live by it so that is in the settlement the buffer will be along that so I I misunderstood you yeah it say it's it says a new 100 the old one's going away and a new 100 foot buffer along the residential border of the lot on the Westerly side will be uh put in so it's just it's being removed and replaced being shifted essentially being shifted um because that's what's most logical and by the way this site is is is quite constrained by Wetlands by topography there really isn't that much of that wooded area that can be feasibly developed so that the location that the developer has in mind is really the only area is that what's shown in the concept plan it's in the concept plan as I said it's not it's not part of the settlement agreement what is part of the settlement agreement is the buffer and you can be sure that there will be a buffer and you can be sure that that the woods will be two-thirds restricted okay so um you know and and also the other thing I want to comment is you know the current zoning does permit development it's not as if this developer could not have developed the woods with a couple of residences probably with a group home even with a daycare which just would have been a smaller daycare and so it's not as if I mean I think I think the way to think about this is it's really a win-win for the Township in many ways because it gives us the Assurance it it provides the certainty of of the deed restriction of the conservation um which which had been in question um and that's part of what was was being litigated was a was a belief and a perception that that whole area was preserved it was not um and that was a Bonafide but mistaken belief um that the court you know clarified um and and and the developer has presented a couple of different concepts that would I think would have been far worse in terms of the impact if he had developed it in accordance with the current zoning so I think I think this result is in many ways a better one um in terms of what the developer could actually do with the property right I'm I'm misunderstood the the buffer issue and I heard the wetlands it's currently A detention or a retention Pond from when he originally developed the previous developer had developed the Acme shopping center and that's on this property and that's why the collective knowledge of the town was that he was being allowed to use that property for the retention pond and in exchange would not ever develop it so it sounds like a win-win legally because the town screwed up back in the 70s or the 90s and never put it in the deep and as I know I'm I work in development if it's not in writing it doesn't exist so that's why you hear us repeating pleading really make sure it's in the settlement because if it's not in the settlement it won't exist and we won't have any standing when he comes back with something else sure do you want to say something yeah one thing I would add too uh just thank you hello everybody my name is Dave Noak other Dave I'm gonna swear you in do you swear do you swear or affirm that the testimony she'll give will be the truth I do okay it built into the ordinance as well is a requirement for a conservation easement uh that's on page four to item 15 that conservation easement requires a minimum width of 100 feet but it actually also requires an average width of 165 ft um from any property line which immediately abds a single family residential zone or property so along the Westerly side of the site that's facing uh rasco and Scott the average width of that buffer that conservation easan is going to have to be 165 feet at no point can it be less narrow than 100 feet so that's just another addal protection that the township tried to throw into the zoning ordinance understanding the proximity of that site to and getting to where I started about lighting there's nothing in there so he can shine Amici insufficient to protect residential Neighbors From commercial properties one foot candle I believe is what the current restriction shows one foot candles is the light level that you put on a New York City street so that's not gonna work for our residential neighborhood that's that um it is correct I'm a lighting designer in New York if you're a lighting designer in New York we can go talk about it afterwards so you get one foot candle walking around New York if you go you know like I know it because that's what I do for a living so please put in put in Dark Skies limitations you can adopt it townwide everybody will benefit from it usually when when a plan when an application comes before the board and they present their lighting plan we we ask for the hours of operation except for maybe emergency lights in the parking lot for for parking or pedestrian safety we usually restrict the lighting after a certain hour yeah yeah down down L yes the the I read the town's requirements you're allowed to have 120 degrees above vertical to have the maximum output of a light what our practice but if it's not in writing it doesn't exist sir that's been proven tonight and you know a law lawsuit that nobody wants to pay for anymore so put it in writing Dark Skies require you know model lighting ordinance it's freely available many towns have adopted it let's adopt it let's FastTrack it please I mean I don't want to be argumentative I just it's not in writing and that's a repeating theme for why we're asking for remedies for losing what we all knew was preserved space thank you thank you do do you swear or affirm that the test hold your hand up do you swear or affirm that the testimony she'll give will be the truth I do thank you what is your name paa 99 Harris Road I'm going to be very brief I hope um I'm very concerned with the conservation of the property we've we've got the the business stuff done you know all the commercial and we're talking about these very small area of woods and in our Lawns I back up to what used to be the um land of the churches that the church had all this land nobody was using it and we would have it would be wonderful now we have foxes living in our yard in our so because of all the development so I what we'd like to be able to do is come up with some kind of a plan a long range plan for environmental and flooding and different areas like that so that our properties will remain valuable but we'll also grow and have a a welcoming environment for us and the animals around us um and that's what I wanted to share thank you hello please raise your right hand do you swear or affirm that the testimony she'll give will be the truth yes I do thank you what is your your name Jen ping Wang nce Scott [Music] Avenue um well I Echo this concerned about light because when the um Plaza was last developed in the back part of the uh Plaza they put in the light and I have raised the concern pwn look into it and said that it was for safety and they cannot I ask them whether they can turn it down at least after hours um and I was told it's not so I specifically would like to um raise this time the concern about the NightLight uh I think the I don't know whether the township has an ordinance about uh light uh and if not I think this is something that we should really look into for the future of the township um because light travel more than 100 fet um so so it's the buffer is actually one of our major concern for the residents to have the the little buffer between the residential and the commercial area um so anyway um that is one of my major concern and another one these are small probably wordplay I I read in the settlement it keep referring to daycare center daycare could be for children it could also for for adult and I don't know whether it was intentional left this way uh there's only one place I saw it mentioned child care so I think we should be consistent in in the terminology in in this resolution to to use if it's a child care then the child care facility um the other things about the affordable housing uh normally we have 25% requirement but I suppose through this negotiation it was negotiated down to 20% and I'm just hoping that in the future for any um any other negotiation with developer I hope we don't give away that uh percentage too easily and on page 126 there is a term uh a little phrase say affordable unit shall be located on site and shall be reasonably dispersed throughout and I think it's very good but I request you to remove the word reasonable because that is really open for too much ambiguity and the other things that I'm not sure but I was looking at the plan and I know this is a low density residential area it doesn't probably have that requirement but for normally as a village uh Center plan um it is usually ask the developer to put a building in front rather than and a parking lot in front and this particular development has the parking lot you know along uh Alexander Road and then the building and I just wonder is there any room to flip that so on Alexander Road rather than facing more open parking space Maybe facing hopefully a goodlook building thank you thank you hello you do you swear or affirm that the testimony she'll give will be the truth yes I do thank you and just remind me of your name sir Susan Conlin 98 Harris Road and I just wanted to say I agree with the comments that my neighbors have made here tonight I think they're really um insightful and very thoughtful things a lot of um issues that affect people who you know it's not just a matter of coming down to the shopping center to pick up a few things and spend a few minutes there it's you know spending day and night there um and so I think the comments about lighting are really important and also the Landscaping the screening um Penn's comment about putting the having the parking lot being in front of the daycare center on Alexander um that's a very interesting thought about perhaps that could be changed but um just to keep in mind we're talking about buffers between the development and um the residents well the the people who live on Alexander And there are a few here tonight and my house is adjacent to the houses on Alexander um you know they need a buffer too that's part of the neighborhood it's not just what you know where the property line is but the houses that face Alexander are going to look at this so what the location of that building its size its scale the parking all of these things are important the Landscaping everything and it will add a lot to everybody's um appreciation for the neighborhood so you know the next um I don't know what how long this process is going to be but I hope all of you if you haven't been over to our neighborhood in the site please take a walk over if you you know want meet meet up with any of us you know be happy to walk around with you um but I think that's really important and it's you know you were talking earlier about having um you know as you can see here there's there's there's a lot of you know some lack of confidence that things are going to be carried out um in the right way I hope you can see where that's coming from and probably rightfully so but it's not just a matter of saying oh yeah well that's that's the law and things will be done this way it is a matter of making sure that things are enforced and some of the things with the signage and the lighting we have now are not enforced ever so I think it's um yes I think some good changes need to take place here so I just have a question and David maybe you can you can help um what I think our um the neighbors would like to know what what's the process going forward with the time line when will we see a develop plan when will there be a presentation of that what so so typically thank you uh and it's typically the way this zoning process works is the multi-step process the first step has already been done uh that would be the council introducing an ordinance right then it gets referred to the planning board for the planning discuss that so let to any questions comments um make any recommendations to the council then after that the council the Plenty board would essentially refer the ordinance back to the governing body and then the governing body would then vote a new ordinance um You' get notice within 200 feet I believe so actually no no never mind no notice in this one um and uh after that the ordance would become law then typically what happened then is that the applicant would prepare some sort of concept plan or site plan for the township professional staff to review and the TRC process that's a technical Review Committee uh that's why I've been taking these notes because I'd like to remember some of these comments so that way when we have that technical review committee meeting we'll be able to bring these issues up uh after that once it gets to a point where uh professional staff have vetted their concerns then it would appear in front of the planning board for a cyan application so uh and then you would get notice for that as well um so there would be a notice for the Cy application all Property Owners within 200 feet in terms of the timeline I would expect an application to be submitted maybe sometime in the fall um that's just the ballpark guess I don't have any inside knowledge uh but typically after they go through a TRC process that would take a couple meetings then they would have to notice everybody get their plans available so I would say by the earliest the fall I just want to let you know that I have copies for everybody of all the just because we are like lay so much you've already been SW um since we are laying so much upon you guys I did print off all of the concerns that were being addressed today um for everybody if you want them okay a second I don't want you to have everything in my I think I have I have a lot hi do you swear or airm that the testimony she'll give will be the truth yes my name is Heather chanti 971 Alexander Road I I wanted to I don't know if this is appropriate time but one of the concerns I have right now with the deed portion of the woods is we are struggling with the developer to take care of the woods so having my house be next to the woods I have had conversations with him about taking care of trees that look like they're going to fall down in my house uh you know those type of concerns and he doesn't seem to really care about them so I'd like to know and I don't know if this is a question for now or later how he's going to take care of those woods once they're deed because we have some of those issues already right now um so that's number one number two garbage the last two weeks the garbage smell that is wafting into my house I guess I'm the lucky one I don't know if anyone else smells it but we do it's it's horrendous my kids say it smells like dead fish out there and it's the garbage it's the garbage that's in the back corner of the property um I don't really know who to call about it so I'm telling all of you now uh and obviously it happens every summer especially when it gets really hot so that's an that's a concern um and I'm assuming the buffer includes my house Alexander Rook right yes line okay so that's it thank you thank you hello Susan do you swear airm that the testimonies she'll give will be the truth yes I do please Susan Abby five Scott Avenue hi everybody um my understanding is that the original 100 foot buffer was up behind the shopping center and that's why it is being shifted over to the far West left side is that right that's right okay and we know that um 2third of the woods are going to be preserved do we know what percentage of that 100 foot buffer is is that 2/3 is it one 1/4 is it an8 much more than that 100 foot buffer are we going to get preserved D do you have any idea any idea what the size of the the 100 or 60 foot buffer is less than the 2/3 that's going to be preserved probably it's half of the 2/3 okay the the remainder is what's considered environmentally constrained it's where the detention Basin is where the wetlands are and so forth and you're basing the twoth thirs on the entire residentially zoned area correct not it's like an L-shaped the Pres preserved area will be L-shaped okay L-shaped meaning up along along the resal h and then back behind sh correct okay just one moment we're calling it preserved but it's really deed restricted right for develop need restricted to be preserved in perpetuity okay because when I hear preserved I think of green green space that um you know like what's behind my house and is it the same or is it similar well the Green Acres preserve behind your house doesn't allow any Trails this would allow Trails through it okay thank you okay thank you um I I think an important thing to remember is what has happened to these Woods since Mr seiser bought it in the first place we've lost almost half of those woods already because when he put in that driveway in the back and then he's got that lawn area where he clearcut everything then he went into the woods and took out a third of the trees out of the woods so we are substantially below what was there originally and being an old growth area we've had several Tree Experts walk through there in the past many of the trees in there are well over 100 years old it was never farmed it was never cut down it was never developed which means we have a very high canopy which means what blocks our view are the tree trunks so when he came in and took out a third of those woods all of a sudden we're all looking at the back of the shopping center which I didn't even know the shopping center went down as far as my property even in the winter you could not see it so I think that's why we're so sensitive about taking down any trees we'd like them to add some trees that's also a problem um the fact that when he put that in as everybody said he put those lights in and the in the back of the building painted bright white it's like a Christmas tree lit up in there in the winter the whole time the lights coming in our windows so that's that's why there's the sensitivity about that and we know that that's all in the site plan but I want you to know this stuff ahead of time because by the time you go through all the Consultants their Consultants are consultants and it comes to the planning board it ends up being pretty much a done deal let's face it other than a few tweaks here and there so we want to give you a heads up about some of those things um on the issue of the trails in the past we made Trails because the woods were so thick we had to you literally could not walk through those woods except on a trail there was a huge understory and there were just tons of trees now he's taken so many trees out already you don't need a path and you don't need a trail and we just don't think they're necessary and part of this settlement is that you're going to put trails in and all this stuff there is no need for that and I would think the township wouldn't want the liability of having the public walking in the property although we're allowed to I guess from the settlement but you know we don't want to end up where they're going in and creating Trails there really is no need for that so we really wanted that message to be strong and that is part of the settlement agreement not necessary unless plants a bunch of trees in 100 years from now 200 years from now we end up with a lot of trees um the property still will remain the two zones is that correct so this will remain residential yes if a daycare does not go in there or one goes in and then they move out what can be done with that building is it only residential then no unless the zoning changed somebody else could could do a daycare there or they could do a daycare but could they do retail could they do Apartments could they do what because we're putting up one big daycare center we worked on this on the zoning board we did a big a daycare center right across from Coldwell Banker um maybe a daycare center is not going to fly there so I think that's something that I'd like to know from the zoning perspective what else could go in there I can handle that one so as of right now the the zoning is r1a that refers back to right the r-1c where um we're identifying any use that's permitted in the rrc district as well as daycare so and bear with me as I jump around in the ordinance a little bit so if we go to the rrc use regulations there we allow for single family detached dwellings uh we allow for home occupations we allow public and nonprofit Parks playgrounds athletic fields Recreation and Community buildings swimming pools or other activities of a recreational character we allow for uh certain Farm uses that's in every District basically uh we allow for temporary buildings temporary construction offices and temporary storage materials that's typically in association with a construction project um accessory uses that's uh uh typical as well we allow for Community residences for the developmentally disabled uh Community shelters for victims of domestic violence Community residences for the terminally terminally ill and for persons with head injuries uh we allow for buildings and structures and uses owned by the township we allow for veterinary clinics in existence as of January 1st 2000 uh those are the permitted uses and then there's a lot of conditional uses as well they range anywhere from churches we allow for certain public and private elementary junior and high school uses but you're probably not going to get one there uh public libraries Social Clubs water storage tanks substations transmission lines and again Child Care Centers The Taking of non-transient Borders or rumors as well by a family resident um so we allow a lot in residential zones that people don't know about uh but right now we wouldn't allow for any other retail uses at the site so if hypothetic no other commercial use yeah he not that I saw no um if they hypothetically if there was a application and a daycare center got approved and afterwards the building gets built and the daycare subsides we don't want to be there and they say you know what instead of daycare we want to throw in a retail store uh right now the zoning would not allow that so it have to go in front of the zoning board for a D1 use St and then unfortunately I wouldn't be able to vote on that um the issue of the $50,000 for a veterans Monument I think we already have two veterans monuments right here on this property we have the statue that a Baran City resident created of the soldier on this side and then we have another one with a plaque and all that stuff so I think we could certainly think of a whole lot more we could do with that $50,000 such as create some plant some more trees in the uh Woods or put Landscaping at the Arts Center which our neighborhood has been trying to raise money for to get them some Landscaping at the Art Center so that the township doesn't have to maintain it as much they don't have to go there and cut the lawn and all that kind of stuff and if we can fill it with enough bushes and stuff it's going to be much lower maintenance and it's going to look nice for the A and I think I think maybe that $50,000 need to be something that's going to benefit the neighborhood because of what we've had to go through with the uh the tree damage um one of the things I we would ask and again this this will come up I know is um I know they have to put fencing around the daycare and if if we could have natural colored fencing wood so that it's not sticking out especially they tend to use these white plastic vinyl fences you know that that's the stuff that we end up having to look out our windows and see all the time um we we would hope that any trees or would ask that any trees that are removed when building the building for the daycare center trees get planted somewhere else within within the property to try to help fill it in and we would ask that he not one of his best tricks is when the planning board told him he could not take down the trees uh in front of the Jolly Green Giant the Big Green Sign there on Alexander which has two houses across from it planning board said you cannot take down those trees the houses would like the screening so he left the trees but he took off the limbs this is what we're dealing with here and this is why we're so nervous about this um that's it for that the only other thing I have to say is we've been hearing for years you're going to rezone our neighborhood we meet we make decisions it doesn't get rezoned and just the other day I drove down Baran and one of the first houses built on Baran was down it's it's killing us and it's urgent people are paying a lot of money for houses tearing them down and putting something else up and because we do not have any design guidelines we can't tell them what to put there who knows what they're going to put there we don't know and this house is right next door to Maran and it's five feet her house is 5 feet from the property line and that house is 5 to 10 feet from the property line so she could end up with some who knows what massive I'm asking if you can please every year we hear it's going to be this year it's going to be next year it's going to be next year no not this year it's going to be next year every year the zoning board writes a report a yearend report that goes to the council where we say please handle the zoning in Baran City and it doesn't happen and as far as I remember I think I've been on the zoning board 15 years maybe at least 10 years we've been writing that in there I'm asking if there's any way to expedite getting this taken care of and getting these design guidelines in before they just start ripping down one house after another because when people see one they think oh this is a tear down neighborhood that's what they think it's happened on Harris and it happened on Baran how can this be taken care of this year soon David already knows so much having been on the zoning board and having heard all the applications that come to us he knows what the neighbors say when they show up of what they want he knows what the zoning board decides how things need to fit in the neighborhood we just need to put this in writing and I don't know why this can't happen soon please think about that and let us know thank you thank you currently yes at maintaining is that correct uh yeah I would typically agree with that it depends on how and I have no inside knowledge again on this but if they were to submit one development application for everything right the the daycare center and whatever additional building they want they're treating this as one application uh then yes I think that's something that the plany board has definitely addressed in the past as well if there's been uh past digressions if there's been Landscaping uh that's been insufficient in this case on purpose that's something that could be addressed absolutely during a site plan application so we make it a condition of the approval of the plan before the planning board that you address the um inadequacies of the existing sites yeah I think I think the main point is that we're looking for conservation for the woods there will be the deed restriction but we're hoping the attitude is conver conservation not Recreation with trails and people can play in there that it's about conservation for us thank you okay thank you is there any anyone else uh wish to speak we raise your right hand please if you swear or affirm that the testimony she'll give will be the truth yes and what is your name sir uh Jacob dick Jacob sorry what uh dick spelled D as and dog eyes as in IND go c as in cat case and kitten um my I really just had um kind of one question about well a few kind of one One MA major one so I was reading the the plan and it seemed like they were playing like something like $60,000 in back taxes or something for 68,000 for the for the uh because I guess it was it was Z it was he was paying it as if it was preserved land or they were as if assuming it was preserved land but since the Court ruled it's not preserved we insisted that since that day they pay the back taxes for that ah okay is he paying penalties and interest on why yes that question oh did okay I got I I had put my kid Sor set settled amount it's not like the court has ruled at 68,000 plus penalties in interest it was a settled gross amount okay yeah and I guess the only main comment I would have is I mean I always I walk past those woods on my way to work every day um and I would say that we really want to preserve those books as much especially to the um to the people who live along that there's a there's a dead end Road as you're going down Scott Avenue um what the name but that that one um and I would say I mean I'm not I'm not one of the people that live there but I would say thinking as somebody who thinking about the people that live there I would say we one of the things I would request is that we make it so that you can't if there is something in those woods like the daycare or whatever that it should be a requirement that they can't see what's behind those woods um and I agree with the paths I mean I don't I I think it's a a kind of a liability on the town because we that's coming cuz if I read it right the town at the town is paying for the pathways is that correct or the path to the trails talking about the trails if if if we decide to put them yeah the whole the whole idea behind that was that we didn't want him to say that it's a private land and nobody should go there so I I again have been telling again and again somebody said trails are not needed we are not planning to develop Trails it just preserves an option maybe a mayor 50 years from now now we'll thank us for having that option oh okay at that time hopefully they'll name it after me if they do it okay Roy TRS has a very catchy there's no plan of developing right now he's just preserving our option if somebody decides way in future that that's what they want to do okay and living on the only other comment I have is living on har I live on Harris Road and looking down the street you can see kind of the the that huge sign it's like that's yeah something should probably really be done about about that but that's all I that's all I have but thanks thank you I wanna I want a Corp Trail is that okay sure Susan Abby I forgot one thing when it comes to the veterinary clinic that is going at the end of the shopping center um back into the woods on the concept plan it looks like it's right on the property line there we would ask that you have they have the appropriate set rear setback there with screening in the back back and again the Dark Skies initiative type thing and hopefully a dark background not light thank you thank you is there any anybody else Kevin ralo 106 Harris uh if I remember correctly many many years ago when the entrance was put in near Harris they actually painted the word stop wrong it wasp so they fixed it but if you go back and look I believe now it still says sotp so somebody can correct that or have them correct it great that's special so people will wait and see what that is they go too fast okay uh anyone else okay c n yes okay so we had a lot of comments from the public and a lot of them were will be addressed in um during the plan the application of any development there but in the meantime regarding this resolution 2024 r-4 the litigation settlement resol resolution I'll entertain a motion to approve this resolution with the amendment regarding the buffer so move Mr chair moved by Simon second by second second by the mayor uh please call a roll on this Mr Shel yeah Mr panco yes Mr B yes Miss Bari yes Miss applicate yes councilman Whitfield yes mayor morate yes Vice chairman hberman yes chairman C yes motion carries unanimous okay thank you um next on the agenda is ordinance 24-5 to amend the supplemental r-1c District to add daycare centers um would like toate that sure um it essentially reflects the the the summary that I provided um of the the rezoning that was is in the settlement agreement so it it um makes daycare is a a principal permitted use rather than just a conditional use it increases the permitted size of the daycare it um increases that's with respect to the r1c zoning um with respect to the rp7 it um adds vet clinics as a permitted use um it increases the floor area ratio uh from 80 to 85 and it changes the um parking ever so slightly let me make sure I have covered everything and it also provides for the conservation easement by the way for the wooded um for the wooded area so that's actually in the zoning and that's with the average width of at least 165 ft which is being provided along the property line um AB butting the single family residential Zone um and with respect to parking um it increases the size of spaces parking spaces for dayc carees from uh to 10 feet in width by 18 feet in length um requires that it it uses hair hair pin striping um provides a few other items such as um signage for the vet clinic use on the rp7 side signage to be installed to provide that pets uh shall be curved um do you want me to read through all the changes or um is it sufficient they're they're highlighted in the there's a a form of rezoning which shows all of the changes and I've summarized the material items there are a few others but um which I can go through and itemize if you like or no we we we have them here um any questions regarding the or the ordinance and the changes that Martinez enumera okay I'll entertain a [Music] motion what um this is a consistency review so again this um this resoning has to be approved by the governing body the council and there's going to be a second reading of of it on at the August 12th meeting so you know the public is invited to attend that and make comments at that point so what the board is doing today is really just providing a a recommendation to the council to um to adopt it and and that um that it's consistent with the master plan and and Dave if you want to com on that um for the board's benefit um that might be helpful of course uh so this site is essentially located in two different districts and two different Landes categories we have the uh R-1 a district which encompasses the majority of Baran city um as well as the rp7 district in Landes category um that is the Landes category that fronts along um prinston Heist down road is trying to create a downtown environment there um the language regarding the Baran City area and the r1a district really focuses mostly on the inconsistency of the lot size standards in terms of existing development there land CL doesn't really talk about the conditional uses or non-residential uses that are permitted there um regarding the rp7 district again trying to create a Main Street environment uh that uh permits both residential and Commercial uses encouraging commercial uses on the ground floor and residential uses up above uh I don't think anything in the veterinary's office uh would be inconsistent with that use or with that vision of the master plan uh and I didn't see anything that was necessarily inconsistent with the R-1 a d direct Lanes category as well uh again daycare centers are conditionally permitted there this just moves it to a permitted use and inserts some addition language regarding conservation I just one question why the spaceand what was the thinking about expanding the parking space Oh uh that was a based off a concept plan and also based off discussions with our traffic engineer I believe uh additional space was required just for removing of strollers carriages things like that so allowing for the Pinstripe as well as that 10 foot WID allows for some additional flexibility so strollers aren't banging other far okay I'll entertain a motion to refer the ordinance 24-15 back to council so move Mr by Simon second second Mr B uh please call the rooll Mr chel yes Mr panco yes Mr B yes Miss Bari yes Miss applicate yes councilman Whitfield yes mayor marate yes Vice chairman huberman yes chair M cart yes referred to council thank you okay um it's 809 I'd like to take a five minute recess before we uh give everybody a little break something I just want to make one comment um I did get the concerns you have Sam has it the TRC will definitely review them before it comes to the uh uh to the planning board whenever it comes to the planning board but I heard a lot of complaints about garbage noise and other things that they are not following from the previous approval I wasn't on the planning board but you should if that happens don't wait for a planning board meeting just call the township somebody goes and checks it out we do that all the time I mean I at least get one uh such complaint every week so please do especially garbage you get smell some body from health will go and check it so thanks thank you okay we'll take a five minute recess and then start with the application thank you oh no would definitely I won't be here I will not I will not be at August 7th meeting at I think it's pretty straightforward so I I don't know I'll try I'll get through it thanks for [Music] B spe that's care spe [Music] no for all right we ready guys ready there yeah I get thank you for your ADV thank you [Music] okay next order business PB 24-1 Woodstone commercial WWL is ready just I'll just say um the um package that you provided for the service the and the notice of publication are all in order so the board has jurisdiction great cross that off and save some time okay good evening I'm Emily weiner from weiner Law Group uh here on behalf of the applicant Woodstone commercial West Windsor LLC C uh which is an affiliate of Woodmont properties Woodmont properties has been in real estate development since 1963 and has successfully completed many developments throughout New Jersey New York Pennsylvania Florida Colorado uh and most relevant uh the Woodmont Way project that was completed last year that's across the street from the site uh which is the subject of the present application uh as you'll see the buildings proposed in this application have been designed to coordinate aesthetically with that development a cohesive look at this intersection and this area uh the application before you tonight is for properties located at one Meadow Road also known as block 86 Slot 58.0 2 and is located in the B2 neighborhood business Zone um before we get into the details of the application just one two housekeeping uh items on the record first is the notice which I'm not going to address in detail because it was just acknowledged and the second is there was a comment um from Municipal uh professionals during the TRC process requiring that approval be obtained from the neighboring property owner to remove the existing gravel driveway on the site uh that approval was granted by the property owner and it was submitted um with this application but if for any reason anybody needs a copy of that letter or it's not part of the package I have an extra copy and can provide that uh moving on to tonight's application it's a bit unconventional in that it is for two building two totally separate uses on the same um parcel uh the first building or the first proposed building rather is on the southern portion of the site it is um a I don't want to say it right now after the last hour but it's a preschool um designed by and to be operated by the Malin School uh the malver school has 24 similar schools uh throughout Pennsylvania and New Jersey so this design uh is based on their knowledge their existing operations and what they know works for them their Administration their operations and their students uh the proposed school will be fully licensed by the state and will operate Monday through Friday from 6:30 a.m. to 6:m which is in accordance with the municipal requirements uh the child care center is anticipated to serve approximately 135 children ranging from six weeks to five years of age it's not going to be a kindergarten or anything like that it's going to essentially be a daycare program um and there will be 20 to 22 staff members on staggering schedules throughout the day based on uh registration and needs the second proposed building is a commercial building on the Northern portion of the site uh at this time there is not a proposed tenant for that building so the application is seeking approval for a generic office building uh box um you'll hear from the witnesses that all requirements for parking and other requirements um are all met and once a final tenant is determined uh if there are any substantive changes required that would trigger anything uh different than is approved tonight of course it'll be back here before this board but that is not anticipated uh there's sufficient parking um for regular office use there's also additional banked parking shown uh if this end user should be a medical office which does have a higher parking requirement um due to the unique location and configuration of the site uh it has three frontages on three public roads it's sort of a peninsula it's a a very weird weird um setup but due to that configuration U the applicant is also seeking one C1 bulk variance uh to allow a play area in the front yard um because there are three front yards so it had to go somewhere and you'll hear a testimony and all the proofs required for that C1 variance from the professionals uh the applicant is also seeking design waivers to allow two Monument signs where one is permitted to allow the monument sign to have a feet a feet oh sorry a height of six feet where four is permitted uh to not require previous Pavement in the parking area where it would otherwise be permitted because the storm water plan for this site addresses those needs uh in other ways again you'll hear testimony regarding that um is to allow parking uh in excess of the required number of spots for the school to allow parking between the building and the street um again as necessitated by the three front yards um they're requesting a waiver uh to permit these buildings to not have loading spaces as they're not required for these operations um additionally they're seeking a waiver to use the a HTO standards for site triangle standards instead of the township Land Development ordinance standards uh to allow the driveway to be 24 feet instead of 30 um where it's required to be 30 for bicycle access uh and then two waivers for lighting um and again the professionals will get into the specifics of that um this applicant has gone through several TRC meetings multiple rounds of revisions with the municipality's professionals and we believe that the application before you tonight uh is appropriate and in line with what the town has requested to see in those sessions I have four Witnesses with me tonight that you'll hear from uh first is Bill lean the project engineer then you'll hear from Bill fineberg the architect of the Malin school building next Steve Tiki the architect for the office building and finally Nathan Mosley who's our cic engineer uh after the conclusion of their testimony if there's still any operational questions I do have a representative here from Woodmont and from melin school um but they don't have any direct testimony so they're just kind of hanging out and lesson until anybody has a question for them um so I will stop talking now because I'm just the lawyer and what I say doesn't count anyway so um do you want to swear all the witness once or anyone who's testifying or could testify please raise your right hand or left um do you swear or affirm that the testimony she'll give will be the truth thank you and as each one comes up to testify I'll take your name okay so too close exactly all right so Phil you're up um state your name and give us the benefit of your professional license and William Lane L I've been with meno engineering for 39 years I've been a licensed professional engineer in the state of New Jersey for 27 years um I've testified in probably over 100 boards in state of New Jersey and I've been in front of West Windsor it's been a while probably 12 13 years but um and I've worked with Woodmont probably for the last 20 years great well then does the board accept U Mr Lane's um credentials as and as an expert your licensed current in New Jersey yes okay okay fine thank you thank you okay um just to orient everybody the site's approximately 3.29 Acres um currently there's a single family house in the southern section remainder Northerly section of the property is vacant um surrounding the site is Canal Point Boulevard to the north uh Meadow Road to the east we have the detail shop Carwash to the South and you have Farber road to the West uh what the applicant is proposing is a two-story the uh uh preschool has a 5,657 squ foot uh footprint um and that's going to be designed in the southern end of the site there's also a one-story 9,136 foot commercial building in the northern end overall we have uh 89 parking spaces with 26 Land Bank Land Bank spaces um to the east of the uh preschool there's 21 parking spaces which is going to be utilized for drop off and pickup around the daycare there's three playgrounds there's one to the north off to the West along next to Farber Road and then one along the South um there's adequate site uh site circulation for deliveries uh garbage pickup and uh emergency access there's a dumpster in the Northwest section of the property which will handle the commercial building and there's an additional dumpster to the south of the uh preschool building uh as also mentioned there's two new six foot high 23 squ foot signs at on both sides of main entrance off farbor road um for Outside Agency permits we have our conditional approval for Mercer County uh we have our middle sex County Soil Conservation District certification and we got recertified again in June um we have a d Loi from back in 2020 we have a Wetlands General permit from March of 2024 and also recently received in the end of April a staff report from the drcc approving everything and we just need to follow up with them with town ship and County approval um for storm water there's approximately 3 and a half acres uh under the existing conditions that flow to the South off the site onto farba Road um for what under what we're doing under the proposed conditions we're taking approximately 3.3 Acres tying that into a new uh infiltration bio retention Basin in the southern section of the site additionally with that we're doing a subsurface Basin to the west of the daycare all that'll tie into the Farber Road uh stor system so this way we continue the same pattern as we have under the existing conditions and that in your professional opinion is sufficient to address ter of whole site without theing correct um and also for the storms um from the 10 from the 100 to 10 10 to the two-year storm we have reductions in flows anywhere from 42% to 53% um also with the bio retention Basin we have to plant that in order for water quality so we'll have about 83 shrubs over 170 ground covers in there um once again the drcc has reviewed the the current storm water design and found the design acceptable Mercer County has also reviewed for soils has also reviewed the new storm water uh design along with the soil erosion control designs and granted approval re utilities we have sanitary sewer that's connecting into farba Road uh additionally we'll have water service for each building which will go through two new hot boxes and also tie into Farber Road um and as we go forward uh when we work out with the gas company we're looking to keep most all of the utilities centrally located to where the main uh driveway is that comes off of Farber Road this way we can uh uh keep down the amount of milling and repaving that we'll have to do on Fara Road for land the is still sufficient AAL building yes thank you okay um for landscaping we have a gen generous Landscaping throughout the site and along the perimeter of the site improvements um just to run down the numbers we're doing 27 New deciduous trees 89 evergreen trees 22 flowering trees and 628 shrubs for lighting we opposing 13 new LED light poles set 17 ft High um the lighting design provides for a minimum of 05 foot candles with an average of 2.13 foot candles uh there's no spillage of light off the site except that the proposed driveways onto the public Street correct correct yeah uh process question is the mic picking upse I was actually thinking that probably thank you thank you you know because we're recording nope totally makes sense thank you I'm done with my test the only thing I have left is the Varian is design waivers I don't know if you want me to run down those or if you um sure we can start with the variance I guess sure can I go ahead M sure okay um and this is gonna sound like a strange question but I have a reason school correct whatc correct which I I imagine it would be far I mean I guess it's going to be up to the postmaster but I would believe it would be off a farward road because that's where the main entrance is that's where I um uh the the front of the building bases uh meta road so one would naturally think that the address is on met road yet there is no vehicular access to the Mountain School from meow Road you have out erress but not an EMP correct so it it would be a bar road yeah again I it's going to be up to I believe the postmaster to determine yeah or the 911 coordinator or the postmaster is going to assign the the address of the property the address will be whatever the township tells us the address will be uh you know the Google Maps right trying to get somebody to the property they get to the property on Meadow Road yet they can't enter the property on Meadow Road they're trying to and who knows their MPP program is actually going to direct them you would think Mich but I don't know if that smart if it says address into Google Maps complaining that they have no that's fine no I think there's elaborate Francis can probably talk to you fire fire department has a say fire fire and police they have that's why I think it's for go for the I know because Avalon was fighting with us about address so that's I know that we're done with that one the other concern I have is uh can you please um tell me about pedestrian connectivity to the mour school and you can show it to me on on the display from the Woodmont and I believe even the county asked for this we have sidewalk that goes around the commercial building this side acoss the front of the Mal building yeah okay so if that's residential area is above Canal Point Bou the very like top inch yeah we yeah we we we have a sidewalk that crosses and goes along Farber Road and connects up to Canal point then we have a sidewalk here that that can connect to the road there is no connectivity yeah there's a sidewalk there we're talking about doing a connection down across in there not yet no yes I know I believe there was comments about adding that in so that that will that will get added in for a connection over here because there is existing sidewalk along met road yeah currently there the sidewalk lines up with the crosswalk here and then my show a second means of eress onto Meadow Road from below the south of the pl south of the M school can you talk about how that works yeah this was based on our to be able to get the the large firet truck in and around so as they come in um and if they have to pull across the front of the building here instead of having them back up we worked this out with the with the Fire official they they they come down to the Hammerhead where garbage truck and people can make that turn what they can do is come across an emergency access path and come out onto mea road so this the this keeps the fire truck from having to back out they can just pull straight out and that's only for emergencies yeah we could put a chain across there yeah breakway chain for yeah right now there yes yes um while you're over there by the plan we can talk about the uh variance um it's a C1 variance is that correct yes due to the unique shape ands of this particular property having three front yards um okay and then uh that would satisfy the positive criteria showing that there's unique um shape and Circumstance for this property that is unique specific to this property I don't think there are many uh in town that are you know peninsulas like this correct um and then as far as the negative criteria um is there anything uh with having the play area in that front yard that would um substantially impact no I mean we buffered it well we fenced it in so everything is is contained so like like you said especially the site gets narrow and then having the three furnes okay and there's nothing that would impair the zoning scheme or intent or master plan no doesn't impact that okay thank you um Mar exhibit one yeah uh and then I just wanted to confirm that you have seen in addition to all the TRC meetings that I know you've attended you've seen the um most recent reports from the board professionals one of the things that we had talked about that you just discussed was that uh pedest connectivity and Ada grading um would be added to the uh Meadow roadside and we'll work with the town professionals again for the exact locations of those um yes sidewalks and crosswalks and then is there anything else in any of those reports that can't be complied with or can't be met no we could work all that yes um and then just I wanted to yes we'll work with the town professionals on on working out all the details in any of the review letters right I yes yes I had asked if there was anything in any of the reports that we couldn't comply with and he said no we'll work out all the details with the professionals yeah or or or we'll work out um I know like just for one example there's discussions of like soil erosion measures like for the outfall and again that was something that was reviewed by soil erosion that you know again we'll work it out with the with the with the engineer absolutely um did you talk about signage at all I just mentioned that we were going to have those two six foot high 23 foot signs on either side of the main entrance okay and the waiver that we're requesting for the two Monument signs where one is permitted um do you see any reason that that would be detrimental or or not yeah no um I believe one sign would allow 48 square feet so we thought it would be a much nicer look having one on each side a little bit smaller even though we're the height but um they're complimentary each other so that's we're looking for two signs opposed to one large sign great thank you they'll they'll share the sign together it would be one sign for the development or two signs for the one on each side for wait just to clarify is one sign one Monument sign would be for the daycare one Monument sign would be for the commercial building correct okay yeah and directional arrows there directional arrows saying this way for office building I mean we we I mean once you come in this main entrance you can clearly see but we could always add signs if you really want them but you'll know that this is a commercial and this is the daycare so when you pull in so great thank you you hi now uh our next witness this is Bill Feinberg he is our architect uh who worked on the school building hello I'm William fineberg Fe nerg I'm president of fineberg and Associates architectural firm for the last 35 years excuse me I received my uh architectural degree from drexell University I've been a licensed architect in the state of New Jersey since 1993 and I've testified excuse me in over 250 boards uh throughout the state of New Jersey yes I am yes it is thank you please actually I just want a clarification the uh architectural documentation has a Raymond Clum architect head of Pierce Arizona on you you keep asking my questions right before I'm about to that's the first uh item on my list go ahead can you clarify that sure um I've been working with the Malin school and R and Ray Clum uh for the past several years on Plenty of their projects on many of their projects and Ry could not be here this evening uh so Ry and I have gone through and reviewed the drawings I've been involved in the uh meetings with the TRC and the applicant and uh I'm here to testify on his behalf and his give me permission to do that and he he is licensed in the state of New Jersey just couldn't be here this evening thank you thanks all right and then I'm just going to let you run through your PL so um the daycare as you've heard uh sits on the southern part of the uh of the um exhibit that was previously up there um the building's about 11,000 square feet plus or minus about 5600 square feet per floor it's two stories it's 34 feet 6 Ines High uh the daycare is set up into two levels first level is really daycare which is infant care from six months um uh to about three three years and toddlers on the first floor the main uh floor plant on the first floor which is on the exhibit that's in your package and up on the uh easel shows an infant crib room shows a uh infant room shows U the uh toddler rooms there's two of them there's an in between kind of age room that's also the director's office so parents will bring Park their car bring their child into the daycare there's a security stop uh at a vestibule and then director or someone at the front desk has the L them in and they'll be brought into the classroom there are also Associated bathrooms and there's a small kitchen there's no cooking in this facility excuse me uh there's just a refrigerator microwave the heat up formula and there's a small pantry for snacks the uh also in your package is the second floor plan which is the preschool and prek so that's for older children 3 to five years old uh that's split up into two different uh sets of classrooms one for prek one for preschool uh there's also uh on that floor an open area in between if you look at the floor plan that's used for uh Recreation uh during inclement weather when you can't go outside building has two excuse me stair Towers uh it also has an elevator um it's generally the layout and the uses of the rooms the exhibit uh on the bottom which is labeled A3 that was uh put that was not submit in your package but was prepared by my office if it wasn't submitted we should Mark that as A2 this exhibit here is A2 right yes please sorry what are we calling that FL plan sheet a1.1 by and that dated December 1922 thank you and then 83 yep a color photoed by my office is that the same facade as the one in robv it's exactly so complimentary heard earlier this evening and you're going to hear testimony from the architect Steve who's uh doing the office building and complimentary to the existing par apartment across the street uh malver School branding it's a two-story building with three coat C stucco uh the front facade has a thin cut stone vinyl windows very residential looking uh there's a small front porch uh the other three sides are full stucko and the water table and the other three sides uh is not Stone it looks like Stone but it's stucko because it's in the enclosed area of the um the fence in area of the play areas around the building uh there is a sign that's located above the front entrance and that sign is illuminated by a gooseneck light LED light that's over the front uh the top window on the second floor a fire department connection will be on the front of the building and also there was a comment from your fire department regarding the knoxbox will would be located on the left side of the front door and the building is sprinkling building is fully sprinkling uh there was one other comment in um what in the uh Burgess Associates review memo uh regarding the fenced in areas um asking about the gate access from the fenced areas to the north sidewalk yeah so it's probably difficult to see but to the right side uh you'll see the gate that's wrapping around the right side of the building there will be a gate there that's operated by a Child Safety Lock uh because our stair Towers egress into the play areas and have fire department access in and out to the stair towels there'll be a gate located uh at the front uh portion that's right off of the infant uh play area thank you okay I had a quick question for you your testimony said age six six weeks to three years I'm reading here it's five years which is it said the downstairs was the six weeks to three years and then the upstairs is the four and five year olds thank you sure you also can have after school here up there as well eighty old so I believe we can ask um Crystal the representative of Mal school that's not part of this application I know that is something that they offer at some of their locations that's not currently proposed at this location but if you like do I don't see where I'm sorry not North Arrow uh North Arrow it will be on a diagonal if you go to the upper right hand corner that's yes that'll the that's okay any uh any questions for this witness no um are there any issues with any of the professionals that you no there are none we can meet all the requirements and the requests okay thank you just wanted to confirm is the uh one of the application materials the operational overview did indicate that you be children up to 8 years for is that part of the facility yeah do you want me to bring her up now or do you want to wait you could bring her up andar you in so you I think have you been swor in yes I did just in case I had to speak no that's good what is your name my name is Crystal Seal s e a l the animal thank you and your affiliation is it sorry director I'm the director of Al school so I've been with the organization since 1998 so I oversee all development I don't know how many I know everybody has a number for number of townships they've come before I don't have an exact number I'm sorry here's a fact witness not an expert I'm like I'm good um generally we our programs in New Jersey we have eight other operating schools in New Jersey none of them have a before and after school program it's based on community need so if we do find in West wisor we have an inquiry that we really would love to have our you know six-year-old come off the school bus and join you in the afternoon after school we can certainly make that accommodation but we have found in Pennsylvania we do find a community need at about 50% of our locations but here in New Jersey based on the way your school systems are set we haven't found that to be a a community need are you find just this is are you finding less and less need for that because of remote work um in Pennsylvania I would say we're finding less and less need because more school districts are going to full day kindergarten New Jersey made that switch much earlier than Pennsylvania did thank you oh I've got an operational question while you're at the mic sure um can you explain uh uh arrival and departure you know of the children and drop off because it's like there's the parking lots on both sides so can you explain that that sequence in the safety and all that stuff sure so our parking lot is on one side so I know there's a commercial building so they have a separate parking area but children we're open from 6:30 p.m. to 6:00 pm so children generally arrive between 6:30 and 900 a.m. based on work schedule so we are finding sometimes that those work schedules did change with more remote work um but we stagger our staff to arrive and as the children are staggered to arrive as I think Bill mentioned they generally they drop they Park their cars and they drop off it takes usually five to seven minutes for a parent to drop off child the parent escorts the child to 100% not staff coming out no okay NOP they always Park their car go in um are greeted at the director's office and go to the classroom drop off their child with the supervising teacher and then go back to their car and then explain the end of day how that reverse basically the reverse of that so as they're ready to come pick up they come back to the classroom pick up their child their things and exit back to the to the parking lot together yep and that kind of go ahead other of prot have fors [Music] Mother's speed bumps generally parents will walk straight to the door I won't say it hasn't ever happen that a child like tries to run away from but our we do an awful lot of reminders about handholding and we're it's a very um well use known you know like I'm dropping off my children so um you know if her children start to escape parents do like oh wait wait wait for Mom you know they really are very good as she mentioned we have no not in a designated parking lot no no the children do really they're they are quite small so they're not a lot of them are being carried in and out quite honestly like the whole first floor generally is carried in and out so they are really right there with their parents sure sorry you're referring so here versus here not area yes and I'd like to add on Sue's concern that most in that lot that you just encircled most of the the the regular parking is on the say the right side right of beyond the parking beyond the lane uh of uh the entry because you have the barrier free parking right and just a few spots regular spots on the building side am I making sense that's just my concern sorry I'm that I don't understand your question he's saying the parking is here that's generally staff Parks furthest from the building oh so that's our parents park in that front bank that first the closest to the front door so they're they're parking their car and walking straight across that short area front door then if they're parked here there's a sidewalk all the way around cor yes and that's that that's sufficient for drop up has worked we have 24 buildings that have this exact same it has worked and that's worked for you okay it has worked in 24 we have 27 operating locations but three are unique buildings with unique parking and this is the same that's our prototype people are not parked there all day they're there for three minutes drop their kid off they KN no for say you're about safety but the parents are basically taking esorting the child Well normally I mean that's the ideal situ but I can see I understand absolutely the safety of the children is Paramount which is why we do an awful lot of reminders for parking lot safety making sure that are driving are monitoring their speed that it's three miles an hour in the parking lot so they're really and yeah sure absolutely all good question other side are totally right but but in terms of traffic safy this might be an a comment but how do you prevent somebody from basically somebody not utilizing build either building from avoiding the traffic light and basically coming down far and set right through to make right uh our traffic engineer I'll talk about that there you go well I'm going to tag out it that anything else then all right okay then bill was done we'll call up our next witness Steve Tiki who's the architect for the uh commercial building St you were sworn earlier but please just name him I was yes uh my name is Stephen with a pH Tiki tie T ke uh I'm a project architect at sonnenfeld and troia architects in hdown New Jersey I'm a licensed architect in the state of New Jersey and my license is in good standing and I have been accepted by Boards uh throughout the state before as an exp this you um again I'll just let you go talk about this building okay um we're we're The Architects for the uh the commercial building at the front of the site um on uh along Canal Point Boulevard uh I've got two exhibits here the the one on the bottom is a color version of the uh elevation that was previously submitted to you it's sheet a2.0 that marked exhib coloriz yes that is A4 I think A4 and that's dated February 26 2024 and uh it's marked rision one uh so you can see that the this is a a 9,136 SQ foot uh commercial building and uh it's uh as we said there's no tenants specified yet with this building so it's just a vanilla shell um the building is approximately 30 feet 8 in a high measured from uh first finish floor to the highest Ridge mechanical units for this building will be located on the roof uh the roof is designed as a pitched roof with a depressed area in the center which is about six feet deep and the mechanical units will be behind that pitched portion so they're screen from view from the street uh the building materials we selected for this building are a mix of brick horizontal uh horizontal clab style siding and fiber cement um decorative panel uh I'll move to the next sorry I think that's that we're calling A5 am I right so that's a this one's A4 right yes yeah and then this one is A5 okay got it and A5 is sorry what's A5 this is a um this is called Woodstone commercial uh can't read it from here it says Woodstone commercial West Winds West Winds are LLC um and it's uh dated July 17 2024 this is a uh perspective rendering from the street view uh at the intersection of Meadow Road and Canal Point Boulevard uh and what you're seeing in this this rendering is uh in the foreground is the existing Woodmont Way Apartment Complex uh that um our building communicates with uh our building was designed using similar materials to make that connection across the streetcape um so you can see they're using or have used brick and um horizont siding and decorative panel and that's what we're proposing here as well um the colors of our building have been coordinated with the colors of the melbour school so our siding color matches the suco col of the melbour school our um roof material and our roof uh color matches the Melbourne school and even at the rear of the building you can see in the bottom exhibit uh the rear doors are painted to match the front door of the mour school so these the the use of color between these two buildings ties them together and unites the site and then the use the introduction of the uh materials from the uh Woodmont Way project across the street ties our our our development in with the the development across the street and that's my present I have a question so the rear of the building of this building faces Canal Point Boulevard no the front of the building faces canalo Boulevard and the rear of the building faces the side of the melbour school so you can see on the front uh is where we've got the entrances to the prospective tenant bases uh with some storefront and we dressed up the elevation with brick and U you know the siding that relates to the buildings across the street thank you you're welcome can you just point to that commercial building that talking about it's right here right there the school back okay uh and you've seen all the uh professionals reports and you've been in all the TRC meetings and correct is there anything in any of those reports or any of the meetings that have come up that with or you no thank you thank right there's no other board questions then we're done with this witness as well okay and our last witness hi please just introduce yourself and um describe your professional background please sure just for the record my name is Nathan Mosley m o le y I'm a licensed professional engineer and I'm a certified Municipal engineer here within the state of New Jersey I have a bachelor's of Science degree in civil engineering I'm a senior project manager and partner in a company called Shropshire Associates we've been doing traffic engineering work now for well over 30 years throughout the state I've been with them for over 20 years now doing traffic engineering work I've been qualified as an expert in traffic engineering before hundreds of other planning and zoning boards and I've been before this board on several occasions for other applications as well including the Woodmont way application across the street from the site I just have a housekeeping question then year was sh Shire yes but the traffic impact assessment was done by H and correct are you associated with them I'm not associated directly with them although I have had many conversations with them prior to this meeting and I've reviewed their report and their findings I reviewed the plans prepared by meno um they had a they had a conflict they weren't able to make it here tonight so I was asked to come and provide testimony and answer any questions related to Traffic so youed that report correct and another question I have the report is basically a year old so that was done in August 15 2023 so I guess my question is how valid is this report um my opinion based upon reviewing it they did do counts um when schools were in session um in May of 2022 they utilized that data as well as just a um five % annual background or growth rate on top of that um to account for any additional traffic that may occur in the area they also make sure to include any traffic from the Woodmont Way project across the street so I believe that they have captured um any potential traffic increases that would have occurred from when the counts were done originally in this report itself and I do believe it's valid um valid today for this project does there traffic uh consultant to car with that I I'll swear in all of our Township um experts please do you swear or affirm that the testimony she'll give will be the truth yes thank you and yes yeah I I conquer with him yes I I reviewed the traffic report even though you had raised questions in your report yes about the incompleteness of this report yeah that's that I'm going to go over afterwards thank you you I'll just give a really quick summary you've already heard a lot of testimony already um I'll be just pretty brief as far as the traffic is concerned um you see the plan before you exhibit A1 showing the proposed development it's for a 9100 foot commercial building along Canal Point Boulevard and then the proposed 11,400 foot Malin School kind of to the south end of the site uh in between Meadow and farbor um the roadways themselves surrounding the site are all under the jurisdiction of West Windor Township uh access is proposed via a full movement driveway Farber Road and then a right out only on Meadow Road just to the north of the Market Fair driveway south of the canal Point traffic signal and then there is a secondary emergency only access at the just south of that site that that driveway as well uh again the report there was submitted dated August 15 2023 um that included uh existing traffic counts during the weekday AM and PM Peak periods um that count data was compiled to determine the existing AM and PM peak hours the existing network uh the trip generation analysis and contained in that report was done based upon the Institute of Transportation Engineers it trip generation manual the current 11th Edition uh it was analyzed as a general office commercial building as well as a um daycare facility for the malburn school um the trip gen um from those for for those land uses was included in the background in the future traffic projections for this area and then what's called a level of service analysis was done for the study location surrounding the site s under existing and future conditions locations studied uh were the intersection of canal point and Meadow uh Canal point and Farber Meadow and the Market Fair driveway and Meadow and the route one offramp or onramp location so the conclusions and and I concur with the conclusions in the report are that those intersections operate under good levels of service today under existing AM and PM peak hours in the future conditions even with the additional traffic from this proposed develop M those intersections will continue to operate with good levels of during both the am and the PM peak hour there really will be no change in the exist in the future levels of service as a result of the traffic from the site during either peak hour there's one minor change in level service from a level service C to a d but again a level service D is in my opinion acceptable and also classified as acceptable by the New Jersey Department of Transportation where was that location that was for the eastbound Canal Point Approach at Meadow Road so um overall uh again I've reviewed the report I've reviewed the the proposed development and the plans um and I concur with the conclusions that this development will have a minimal impact on the adjacent roadway network from a traffic perspective and that the access as we have it proposed here for this project can provide for safe and efficient access um I I agree with the parking that's being provided for this site um based upon the operational knowledge of the Malin school as well as your requirements for parking uh for the commercial building so I just want to confirm and you basically just said it but the three uh waivers that are being requested that sort of relate to your testimony or the space to allow access of the required numbers to allow the parking uh between the building and the street um as necessitated by the shape of the property uh and to allow the driveway um to be 24 feet wide instead of 30 and it's your testimony that those yes that is my testimony um based upon my experience doing similar types of developments and also based upon my review of this application great thank you so getting back to initial question yes so now that you have traffic going from a level C to a Level D at the intersection of metal Road how do you prevent somebody from trying to cut through they're coming from the shopping center they don't want to sit in the que at the light but instead they'll make things turn on to Barber and then through this develop you know prevent it I mean we can you know discuss anything with your with your professionals I don't anticipate it um looking at the traffic counts um from my experience of doing the um the development across the street the majority of traffic today on Canal Point Boulevard as they approach that signal at Meadow the majority of the vehicles already are making right-hand turns so most of your traffic today is already making that rightand turn I don't foresee there being a desire for someone to try and make a right at far birth and make a left into a a site with you know development that's already happening and parking that's already happening and trying to Traverse through that that then make another right onto Meadow then make a left the I mean I I agree the ability to make a right at the signal is the ability to make a right at the intersection I think is at a traffic signal is is simple enough the levels of service I think are good there's not a capacity issue um during peak hours there's very little traffic in the morning I understand in the afternoon you do see more of the the retail traffic from from just further south um if it were to be an issue in the future I'm sure the applicant's more than willing to maybe work with the town to see if there could be some additional maybe signage to discourage that but I think that as it's proposed and as it's designed um I don't anticipate there being a a high desire someone to cut through this project speed bumps how many EV stations you have the uh uh for for the there are there are three EV parking spaces on for this project and that meet 5% requirement my head doesn't make to make ready requirements the initial parkes I'm sorry we're gonna comply whatever it is we comp my recollection was there was three initial spaces because G share one okay we'll comply with that okay whatever the requirement is we'll make sure we have it so you have you say you have three right I see only two on the plan where third one so there are two edsc Make Ready parking spaces located along the we'll call that the Northerly side of a post commercial building yes and then I see an additional EVS marker sorry evsc um piece of equipment located call that to the northeast of the Mal school I had assumed that that was serving two parking spaces one being the Ada space and another one just being a regular uh evsc make ready space thank so I think chairman brought up an interesting uh to prevent that kind of cutting through since you do have a child Center what about a speed speed table in the middle of the the parking I mean we can discuss that with the professionals my opinion I wouldn't recommend it as an initial um an initial prevention now if there were to be an issue in the future I think you know there could be options discussed uh I think that speed bumps tend to be maintenance issues and they also tend to be more impactful for the patrons of that facility or the residents that live on a street if they're to be installed within a public RightWay versus you know the potential of someone to try and cut through but that's that's my opinion on uh speed bumps okay um any other questions for the witness um you went through our professionals yes I did go through the professional review letter from Aurora and Associates uh he was dat of July 10th um there was I think three comments on the traffic impact assessment um I did look at those comments I believe we can address all of those comments and it will not affect the conclusions um contained within the report we can provide the the existing signal plans for the intersection sure um and we can I think revise the report if needed to address the other two minor comments okay all right thank you uh this is quasi uh okay um yeah in we our guys in yes okay I missed that want I can I can my comment you're too fast for me um sure go ahead all right thank you uh this is quasi the traffic consultant for the township I do have one more question is there any plan to change the land use to medical facility sort of commercial I can speak um because there I spoke to it earlier and I believe um Mr L well that the proposed commercial building because there doesn't because there isn't currently an end user in mind uh it has been designed uh and it complies with all the requirements for a general office building as well as a medical facility or medical office building if that is what the end user is going to be the reason I'm saying is the traffic report was prepared for the commercial you building if there is a change in land use then probably you have to amend the report and redo the calculation yeah if if there were to be a change in that we can provide an amended analysis that's not a problem okay can it can be added as a condition yes so have right so if they change from the commercial to the medical correct yes they they they would provide another report provide updated traffic we need to review the Mandate report yes and like I said earlier in my introduction if that commercial building is anything other than opal or whatever requires any other change we' of course be back before this point anybody okay and other than that you agree with all the comments right yes there were some changes in the traffic volumes and the analysis of Synchro will have to re be revised along with the single time yeah I did double check that I you know we can talk about that and maybe just confirm exactly what you're seeing so to make sure we make sure right one thing I have for the board is the final comment they're require they're seeking waiver for 40 three extra parking spaces that's up to the boat to that's all I have yes the wav is for 43 Extra Spaces yes total of 43 what's the justification on the need for the additional parking spaces above our ordinance requirement so the need for the parking above the ordinance requirement is I think twofold one is that you know for the malver school there a specific tenant they have specific needs that they know from running a bunch of other similar facilities throughout Jersey and Pennsylvania so they wanted to ensure that they have the parking that they feel is is adequate for their operation so that's what we' reviv that so we've actually added some additional parking for that and then as far as the commercial building is concerned there's some banked parking up along Canal Point that's included within that parking number um we want to ensure flexibility depending upon the final tenant and use for that building that we would comply with whatever the ordinance requirement would be depending on you know whether it's a medical office or a commercial building whatever it is we want to make sure we have enough so it's not 43 additional spots off the bat it's no 21 and yeah 20 some 20 some spaces that are banked 26 spaces that are banked along Canal point but they're shown on the plan you know be constructed if needed okay you mentioned that you have you mentioned that you have a uh proposed uh commercial tenant for this building um so my my only question on that is okay are you anticipating one tenant or multiple tenants I I don't believe there's any specific tenants planned yet for that building yeah I I don't know if I mumbled or was unclear I'm sorry uh there there is not an a a known end user yet for that commercial building so there's not a tenant in mind oh okay I thought you said you had had a proposed tenant any other questions for thisness no thank you I think that's your last witness right that's it we're moving nice I like it moving fast okay before we go to our professionals I I'll read into the record our um Chief Lynch's uh fire Emergency Services memo dated July 11 2024 um his overview is that the applicant is proposing improvements to a lot to develop a two-story child care center and a single story commercial building access says fire department access to the site is adequate and complying with Township ordinance due to limited access no parking fire Lanes shall be created by the applican along all curb areas to restrict curbside parking from the entire site applicant has complied with this request proposed water supply is ADD adequate for the site a lock box to allow immediate access for the fire department shall be installed next to the sprinkler closet position of the fire department's connection that supports the fire sprinkles system shall be at the front of the building or wherever deemed most appropriate based on site layout fire department connection must be within 100 feet of a fire hydrant applicant has addressed all concerns raised by the fire marshall and we now recommend approval of the application I have one I have a question though um because he says connection that supports fire sprinkle system shall be at the front of the building is it buildings is there one for each I see a nodded a person nodding in the audience okay so maybe it needs to have like a um like a parentheses s you know buildings or buildings in his memo or we need to make sure that we include that yeah that's a condition yeah there is a fire connection at each buildings yeah yeah I just want to make sure because it doesn't say each building just says in front of the building I just want to make sure because as we heard in the previous testimony if it's not in writing it may not happen Fair okay yeah go ahead uh um I think I'm done with this yes I should have asked when you brought your first witness up you were talking about all the reports that you've gotten back the reports from the DNR did you say you've had approval from them because I have a document from February 7th that says it's not approved and one from April 24th that not yes if you look at back in the conditions on the April 24th one the only thing left is County and Township approval everything else has been yeah above that though the the last bit of recommendations is Township and County approval so they they're saying not approval at this time but if you get County and yeah which we're waiting on this approval and then the county is we just need to submit the onm manual deed restricted okay um I guess uh we're okay let's do our professionals then David you're up good evening everybody for the record this is David Novak with verg's Associates I will go relatively quickly due to the hour as well as the uh par storm outside uh the applicant had addressed the majority of our comments just a couple things I'll add um the there's another additional waiver required for the uh number of uh loading spaces I don't know if that had been brought up in testimony or not it was I apologize but the uh applicant does require a waiver for the proposed commercial building and the uh Child Care Center no waiver or no loading spacers posed there uh I did have a question regarding the Ada parking spaces uh this is going to be something more for the engineering department or constru department but when you do the buildout and if you were to add those additional bank parking spaces you may need an additional Ada Space by the commercial building but again that's something that would have to go through construction review anyway uh otherwise the applicant identify the variant that's required uh just for the board's background this is located in the B2 Neighborhood Center business district uh unlike the other discussion of childcare centers tonight this is already an as of right use there are additional standards established in section 200- 2414 Child Care Centers the applicant has addressed satisfactorily all those standards except for item 24188 which is that the outdoor play areas cannot be located in a front yard area however you heard testimony tonight this site is essentially Peninsula with three front yards thus the placement of a outdoor s or outdoor play area uh in an area that's not a front yard is graphically difficult um we did have a question regarding uh the proposed locking mechanisms for the gates the applicant did uh address that we would ask that you identify the location of those Gates on the site planine uh that is going to tie into the landscape plan as well which I'll get into next uh otherwise uh the applicant address the remainder of our comments so if anybody has any questions for me regarding the variances of the design waivers I I just have one question regarding the bicycle access supposed to be 30t The Driver yes uh 30t if it's two-way Direction and then 15 ft it's one you're feeling on this should they be I don't even know what the width of it is I couldn't scale I believe the width in the center aisle is 24 feet I can confirm that with you mean at the driveway oh at the driveway I believe it's still 24 feet um I'm actually okay with a more narrow driveway there um the reason being is we are trying to prevent cut through traffic in that area I don't want to have a wider driveway to promote that as well yes um so I was uh I would be okay with that for that reason okay thank you um any other questions for me I have a question Dave maybe for you or for the applicant but if you could just address the um impervious coverage just to clarify because we have two uses which have different percentages and we're applying I think the higher percentage is that right yeah it gets a little bit confusing right uh so for a child care center the ordinance establish a maximum cious coverage of 25.1% with the ordinance does not really take into account is if you have a mixed use environment with multiple uses on one lot so the way it was treated was essentially the total coverage for the site is 48.9% that complies with the B2 District requirements the child care center uh when you look at the building coverage in the parking areas associated with the child care center that comprises 25.1% total again that's the parking areas in the building associated with the child care center uh Child Care Centers like I said have a maximum Improvement coverage of 30% so when you look at the Improvement coverage that's associated with the Childcare Center as well as the total Improvement coverage on site they are compliant with both the standards of the B2 district and for child care centers again it's a little bit confusing because the ordinance contemplates a child care center that solely exists by itself and a singular lot uh in this case we have multiple uses on one lot so that was the way that the Improvement coverage was addressed thank you are you going to address that I in your in your landscape report that would be the next one yes uh so if there's no other questions about the planning report I will hop over to the uh landscape architectural report this is dat of July 8 2024 it was prepared by Mr snikes unfortunately Ed could not be here tonight uh however I did review this review with him um uh obviously the the biggest waiver that's being requested is regard regarding the infiltration Basin design um it's the way the Basin is designed is a combination or free form graded area and a structured linear Basin our ordinance really encourages a more naturally designed Basin uh however due to the site constraints here um The Limited area to work in uh Mr snikes was okay with the infiltration p and design as they were proposing and he also indicates that there's additional Landscaping that was the next thing so uh for Street trees he was looking for additional Street trees along farbor and Canal Point Boulevard to uh kind of fill in the gaps uh I would recommend should the board approve this application that be worked in as a condition of approval uh subject to the review of the lanf architect same thing with the trees by the outdoor play areas he had recommended that those trees to the extent peas will be moved closer to the outdoor play area just to provide additional shade to the kids during summer months or when it's sunny out uh Also regarding the phase two commercial building he had recommended additional planting areas with um uh some uh minimal scrub plantings and columnar trees the added just for additional landscaping near that uh phase two commercial building so again these are things that should the board approve this I would recommend it having as a condition of approval uh same thing with the his note regarding outdoor play area Gates just to identify those in the plan to make sure that the proposed Landscaping is not interfering with access to those Gates any questions for David um I have a question well there's there's two memos David July 3rd July 8th and um the question I guess is for you and the applicant I mean is there anything in Burgess and Associate's um reports either the 3D or the eth that you have any issues with or cannot um meet and the third is the planning review and the eth is the lanap architectual review no each of the witnesses previously testified that they address the okay yeah just wanna just want to make sure that we didn't miss anything there um you're and you're okay with usually when there's extra parking spaces being asked for I usually don't have a problem with it because if the ordinance says 10 and they're giving us 20 I you know it is they're asking for extra parking spaces and I think most of them are going to be banked is that right yes so the applicant is proposing 26 Bank parking spaces so if you look at their parking table which is on sheet two I believe right uh the applicant requires 75 parking spaces they are proposing uh 119 parking spaces that consists see8 with the credit for these oh yeah I'm sorry 93 plus uh yes so it's uh 89 parking spaces or 119 parking I'm sorry 93 spaces plus 26 land banked spaces so um at first blush the applicant requires 75 if you look at the spaces to be constructed uh that would be 93 um and then with those additional 26 landbank parking spaces again that's going to really depend on what that tenant or tenants are going to be in that commercial building and if it's a medical office building they will require uh additional parking uh they do have enough parking to cover that use um but they are uh certainly allowing for some flexibility uh I think we would just want to see what the mechanism is where build those 26 additional landbank Market spaces would be nice to keep that green buffer along an Alpo Boulevard but understand the client needs as well from my experience with malber school robv I mean that site pack with with cars and that's not just Starbuck speak can trying to slip in there but it really is p with your uh with your people so I guess the question I have is how does that parking compare with the parking proposed here same is it more is it less um I'm not exactly sure how many are in the Robinsville spot um because we do share with that commercial space one we have done in order to ensure that the school has enough is we'll mark on the pavement like this is M school parking only or a small placard in front and it's been operationally fine yeah you don't share with the Starbucks I fre was that quite a bit yeah and you don't um so I think that the additional parking is is really needed in this in this instance certainly allows for fewer opportunities for people waiting for parking spaces getting backed up right and Alan I have to laugh because I'm sure most of the at that particular Starbucks it's mostly drive-thru mostly um except people that want to sit place okay any other questions for David okay um who wants to go next ran sure anybody that you David uh good evening Francis gik Township engineer prepared a report of July 11th uh I've followed along with the testimony tonight so I'll try just to point on those things that really have not been discussed um in the memorandum on page four there are two submission waivers that that are requested and have no objection to granting those by the board for the reasons identified therein um with the uh the medical potential uh for the property um I guess I would like that for future use and dealing at the staff level made that clear in the resolution whether or not that's something the board is approving at this time or is expecting to come back in for amended site plan approval uh as you heard it affects the the the the traffic study that was done it affects the number of parking spaces although they're providing that accommodation but the bank parking it affects the uh the sewer allocation requests because later in the report um the allocation that's been requested so far has been based on General office but if it is a medical office it needs to be a higher amount initially requested or will require of subsequent amended allocation requests if that use is uh confirmed and desired by the applicant uh so I don't know how the attorneys want want to deal with that so sure can I just ask um the board can we make it clear in our findings that um the approval is based on a commercial contemplated commercial use if if the the future use is medical the applicant will come will come back to the board and provide updated reports is that a a fair summary or um hear me speak know we put testimony that even as a metabol it would work going we first work with all the board's professionals to show them the updated reports and everything make sure that they're comfortable with instead of having to come back again for something that we've put on the testimony that it would work if that's a meable board well um the difference between generic office building and a medical office building what what are the concerns parking that's the one thing I could think of well you have parking you have uh different traffic traffic numers it's a more frequent turnover rather than somebody being there all day you have St plus hour and the trip generation too how many trips will we generate extra gener extra trips right less water flows a little bit different okay so okay so or maybe it condition would be that it would be the new information would be presented to the board's professionals and if they deem it want one clarification the traffic report that was submitted did have the trip generation analysis for the 9100 foot billing done using the medical office designation for that building so that the analysis that was submitted had that classification for that building in it um so if it were to change to something besides that then we could obviously discuss the traffic impacts of it but the report did include so building uh General commercial might be slightly higher traffic during the peak we'd have to we'd have to verify that but my opinion still would be that there's plenty of capacity on the roadway if there were to be slightly higher traffic it still be could be accommodated we would provide that additional analysis if requested them sure so the right the condition could be that if it's it's going to be medical um the applicant will work with the township staff who will determine if there are substantial enough changes that that the board is required to that makes sense thank you okay thank you okay um and Ben more sure um so they've addressed a number of the the other issues uh that were raised in the port or or had provided testimony from their professionals that they would uh revise things to to come into compliance with the comments or otherwise address it the comments um some of those issues not discussed had been a uh a rightaway dedication along um metal Road near the canal Point Boulevard intersection uh in order to to meet the master plan requirements um the uh use of the Astro site triangles there's no objection to that so we're we're fine with the waiver requested for that but even applying those uh outlin and comment 2.03 some of the uh site improvements uh need review to make sure that they fall into compliance with the minimum required site distances um so you want the obstruction CH yeah some some obstructions reviewed and some uh a notation added regarding potential pruning of the existing Street trees along Canal point I'm sorry meal Road Frontage for that exit driveway U at both the uh regular exit and for the emergency access path that's shown on there um design details for that emergency access path need to be provided uh bicycle and pedestrian connectivity has been discussed so I don't have any issues with what was discussed um the uh one item regarding the D Delware and RAR in Canal commission approval uh I believe that the conditional approval that was submitted was obtained before the site was designed to have a buuse uh storm Water Management Facility by that I mean it's half bio retention Basin B half infiltration Basin uh which I do not believe Delaware riton Canal commission is aware of so we do request that that be resubmitted when uh the board approval is submitted so that any drcc approval is clearly granted for that change sorry just want to let you know the uh DRC Fe um was res the application was resubmitted the information was resubmitted okay so you can provide that for you sure sure all right yeah I I can double check what's in there um let's see the only other thing I think um besides what's in the memorandum which again they've indicated they would comply with is the question of whether they're going to be wanting title 39 enforcement I don't know if that was in qu's report but just that if that's the case then that needs to be uh request through the engineers's office and the clerk's office and would require an ordinance change for traffic enforcement on private property um regarding uh title 39 jurisdiction that's that's the pleasure of the board if you want it they will be happy to comply and if you don't then they're not going to request it sorry are we requiring it you we are yes okay and the earliest question regarding the street as addressing is normally uh done by the engineers office in consultation with emergency services and the post office so when we get through site plan compliance that'll be one of the things with the desired uh which um Frontage and how the building unit will be assigned and then Emergency Services will tell us how they want the different units especially if that office building gets split up into multiple facilities so so that's no problem that's been a a prior uh on other applications a similar condition of approval so well that's all I have in case any questions anybody speci regarding lighting your the design wav is required for one of the intersections yeah basically that has to do with the fact that they're in compliance with the intersection requirements at three foot candles which is an exceed of the one foot candle at a property line so it's a little it's kind of a safety um catchall waiver request I don't really think it's applicable I think the intersection being brighter supersedes the one foot candle at the property w't interfere any residences nearby no okay no um what about lighting in the um in the parking lot areas is the parking lot lighting going to be 247 I mean not 247 but overnight I mean it's generally the lighting is generally just before on okay St depart okay yes and that's typically something on the lighting plan as they indicate what lights are going to be turned off and what are going to be left on overnight for security purposes got it okay any any question back on the lighting um our house side do replace the long the that parking lot area the Northeast side I guess or Northwest side on the canal Point Boulevard face uh I don't believe they're called for I don't think they're required uh based on how the the um the lighting levels are obtained or achieved uh there are also uh unlike most areas in town there are intermittent street lights along Canal Point Boulevard all already uh rather than just being at intersections or Curves in the road like the rest of the township okay so these lights that are there they're basically they don't protrude below the the housing correct they're right they're recessed LED light fixture so you're not to get clear right the fixture is is uh I don't want to say flush amount but the the illumination occurs uh not below the um the housing of the fixture I guess would it hurt if you did put outside shields on the applicant will do whatever the board requires but the other I guess benefit of this applicant this application is the residents right across the street are living in their building so don't want to make their residents mad so you know the Woodmont way is still owned and operated by them so they don't want complaints from from those somebody agrees so let it be written so we are requiring Shields house and that's along the um Canal Point Boulevard yeah so in the first phase it would be that parking lot and then of course when the other phase comes in you want to see that I I don't have an opinion on that I don't are there lights on Canal Point Boulevard there are inter street lights they're mixed within the street trees they're not proposing any along their Frontage they do have them for the parking lot along is isn't isn't there aren't there aren't there trees uh budding the canal Point um property line yeah but they're all deciduous so in the winter they're all leap isn't the residence in Canal point across the across the way isn't there like a buffer there I remember when I dro through there there's a bit of a burm but these lights would be higher than that BM okay yeah talking about is a plate that attached I I don't have an opinion if it you know it can't hurt I'll say that okay fine can't hurt it's like a factor of safety okay okay so we're gonna have some Shields there okay any other questions for Fran yeah good not for maybe not but I um didn't hear any uh testimony about signage other than the um two requestment two Monument signs and the one sign that says Mel SCH with an LED light above it I didn't hear any signage about the commercial building SL medical use building okay so so when where they located and they are comp with said there's there's signage indicated uh on the elevation and the final signage required by the the end user will comply with the ordinance um but we've got three possible entry locations into the building from the front and there are three possible locations for signage above those entrances so that would be limited then to the potential of three sign what say yes yes I mean if there if there did end up being three us in the bill there's three possibilities for signage happens to be one ten then maybe youd have one sign in the bill I would assume so yeah I'm just trying to understand yeah a very quick question sorry there were a couple of references to condo lot condo area what does that refer to because it's not a subdivided lot yeah um depending on the ownership or how it ends up being it may end up being um condo or you know to not have the um both buildings under the same so will there be an association that that governs both both buildings so a ground lease not a condo a condo because it's still to be determined whatever it is if it's going to be a condo it will obviously comply with all the rules and regulations that you know in DCA approval and everything that goes along with being a condo if it's going to be some sort of um ground leas or other you form of ownership or rental will keep the board and the township apprised yeah I would just ask if it's a condo that they submit a plan for the engineers's office for review and approval before it gets filed uh We've unfortunately I found um even though the legislation spells out what's supposed to be on these plans because there's no review that a lot of times the tax assessor comes to us for missing information on what gets reported so I'd prefer to to uh get ahead of it by getting a review of The Plan before it gets recorded right so if it's going to be a condo you'll provide those plans to the to the engineer just trying to remember okay wood mod then is the developer of this lot these lots for these two buildings and the Seminary owns the actual land so the seminar wood owns now owns this property okay so wood is the owner and developer of okay just try you other questions for Fran or regarding this okay last but not least quaza you're up did relation the I'm off my game I already went okay um any other questions F I want to hear okay William we got thoughts anybody from the public wish to speak on this application please step up to the microphone okay there nobody's lining up um okay developers agreement yeah and the developers agreement will cover both of those absolutely all right I wasn't going to it's so late um what was the amount of light at the property line other than the intersection and on the parking lot itself the average illumination was 2 point something1 three that's all thank you oh William sorry I was sworn in earlier um William rutage 19 Scott happening okay any other questions anybody sure a motion to close the public hearing move by Allan second by Simon all in favor say I okay do we all liberate do you have any um issues comments um you have a lot of conditions what I was going to suggest uh we normally go through every single condition in the reports I think because the the applicant has testified a couple of times that they will comply with all of the conditions and the requests in the reports um if the board is comfortable I will just um identify those and um itemize them in the resolution if there's any issue with them um that wasn't covered or it was covered that obviates any we can we can address that but there were a couple of additional items that um well Mr C just mentioned to the off they'll be a developers agreement with the off track fee and the housing fee um we have a title 9 UM will apply we have um outside shields for the lighting along Canal Boulevard um if it's going to be a condo that the applicant will prepare will provide um the plan to the township engineer and the board attorney for review um and that can be addressed um as necessary um um the applicant agreed that if the use will be medical um the applicant will work with the township staff to assess if any um if there will be any significant site plan changes needed as a result um and if the staff determines that there are the applicant will return to the board for further relief um I think I think the reports um somewhere indicated that the location of the child loot Gates will be shown on the plans and the applicant will ensure that uh that that the Landscaping doesn't interfere with those Gates um again the applicant will provide updated traffic um report information if um if needed if if the use is Medical oh okay that's right yes that's fine um P hydrants will be in each building just to clarify that comment so those those were just the additional items um and then in terms of the relief what I have I counted 10 waivers I'll just run through them really quickly Monument sign um the applicant is going to provide two where only one is permitted the monument sign they're requesting um to be 6 foot versus 4ot feet in height um the parking is to allow no peria spaces um they're asking for waiver relief to exceed the allowable number of spaces um I believe there's a waiver for the location of parking in the front yard is that correct um loading to to permit no births I think one would be required for each use um but you're providing none access um to provide the driveway width I think it was 24 ft um versus the third 30 ft for the combined bike and vehicle vehicle access um with respect to the site triangle um the applicant um is asking to comply with the a a HTO standards um two foot candle waivers that throughout the parking area where 0.5t candles are required the applicant is providing 2.03 or four 2.13 um that's an average is that an average average um and the second one is that the foot candles at the property lines where one .0 is allowed um you're exceeding that at the driveways um you're requesting one waiver it's a C1 hardship to allow the plate areas in a front yard due to the um site constraints you have yards basically on three sides so that's necessitated by the site conditions um Mr gzic itemized two submission waivers um to which he took no no exception so that's the the requested relief oh right I think the second one was well I counted four submission wavers actually because the are they list in in Mr gzik okay okay so I think it's I think it's four in in total actually but just I I do have a question Martina I'm not sure I heard it right did you mentioned Title 9 or 39 39 okay thank something anything any questions anybody comments in the matter of p uh planning board application 24-1 Woodstone commercial ww LLC I move that the planning board approve the preliminary and final major site plan phase one for the preschool and approve the preliminary major site plan for phase two the office with conditions and waivers second okay move by Curtis second by Anis please call the rooll all coll Mr shakow yes Mr panov yes Mr Bag yes Miss Barry yes Miss applicate yes councilman Whitfield yes mayor Marat yes Vice chairman hberman yes chairman C yes congratulations just no Medan Journey just look at the reports