I just really >> All right. I am calling uh call to order for the regular meeting of the township of Bernard's planning board, June 2nd, 2026. All rise for the flag salute.
>> Pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, justice for all. This is the open public meeting
statement for 2026. In accordance with the requirements of the open public meetings law of 1975, notice of this meeting of the planning board of the township of Bernards was posted on the Bolton board in the
reception hall of the municipal building, Coller Lane, Masking Ridge, New Jersey was sent to the Burnsville News, Whippony, New Jersey to the Courier News, Bridgewater, New Jersey on January 21st, 2026
was electronically mailed to all those people who have requested individual notice and was posted on the official township website. The following procedure has been adopted by the Birds Township Planning Board. There will be no new cases heard after 10 p.m. and no
new witnesses or testimony will be heard after 10:30 p.m. May I have a roll call. Miss Leman >> here. >> Argaw >> here. Miss Bannon >> here. >> Mr. Crane
>> here >> Miss Manduke >> here. >> M Schaefer >> here. >> Miss Fay >> here. M >> and for the record Miss Layman is present. Chairman spill you have a quorum and may proceed.
>> Just for the record, Mr. Crane on the phone can participate in administrative matters but not an application for development. He would have to see and be seen for an application for development. He could listen in for the application
for development, but he can't say anything during the application for development. Um, thank you. Uh so before we move on to the approval of resolutions, uh may I have a motion and roll call vote uh to
excuse the absences of our planning board chair uh Mr. Tomkins as well as uh Yes. Thank you, Mr. Server. All three of them had indicated uh prior to the meeting that they would be unable to
attend. So, can I have a motion and a second, please? >> I'll second. >> Actually, can we do all just all in favor? Do we have a do a roll call vote? >> We can do all in favor on this one. >> All in favor?
>> I ask anyone to oppose. >> Anybody oppose or need to abstain? Right. Hearing none to move on. Um so we have uh the approval of two resolutions tonight. Um
both of these resolutions memorialize a determination that we had made uh regarding the fellowship village application. Um both of these resolutions were drafted by Mr. Drill uh reviewed by our professionals uh as well
as us the board. Um that said, does anybody have any final comments, questions, thoughts related to these? Okay, hearing none. Um I believe we have to do these one at a time. So I'm going to read the first one into the record.
Uh, A, Fellowship Village, Inc., block 931, lot 33, 8000 Fellowship Road. PB13006C, annual parking report. Can I get a motion and a second?
>> Anyone? >> I can hold the motion. >> Let's just make sure he's eligible. >> Sorry, Mr. Argal is not eligible. >> Call out the eligible voters, please. >> Mr. Crane, Mr. Mr. Eorio, Miss Manduk, and Mr. Seville, >> they were heard on different nights.
>> This is these are these are long time ago. >> Yeah, >> I remember. So, we have four eligible members. Can one of those four make a motion to adopt? Second. >> Thank you. Crane.
>> Yes. >> Yes. >> Miss Chairman Seville. >> Yes. >> Right. For the second resolution B, Fellowship Village, Inc. Block 9301,
lot 33 and block 9401, lot 9, 8,000 Fellowship Road and 55 Allen Road, P220005B, modification of conditions. Can I get >> Let's f Can you call out those eligible, please?
>> Yes. Miss Bannon, Mr. Crane, Mr. chairman. >> Second >> Bannon. >> Yes. >> Mr. Crane, >> yes. >> Yes. >> Miss Vanuk. >> Mr. Schaefer. >> Yes. >> Chairman Seville. >> Yes.
>> Thank you. >> On to public hearing. Kern and Vicero, block 16002, lot 2.01, 174 South Finley A. Uh, this is going to be an amendment conditional use. And
this is PB24002A. >> And I believe we have no other recusals for this application. Is that correct? Mr. Crane is >> Yes. >> Yes, sir. >> identify yourself for the record.
>> Uh, who else is participating? Is this Mr. Schlly and Mr. Karns? Both of you, why don't you get sworn in just in case >> right so do you swear or affirm the testimony you're going to give in this matter will be the truth the whole truth nothing but the truth
for the record we have Dave Schlly the township planner we have Michael Vicaro and we have William Karns We're respectfully requesting an amendment to the previous line where 50
happened is as built. >> Um, would it be possible for you to move up the microphone or speak a little bit louder? >> Both. >> Yeah, let's do both. >> That would be wonderful. Thank you. >> Are there there are people in the
audience tonight that are interested in the application? >> Okay. Can you just come on up for this microphone for a minute? Let me just get you identified. Who do we have? Can you also speak into the microphone? All right. Thank you. That's it. Sorry.
>> My name is Heidi uh Emily Landry. >> How do you spell your last name? >> L A N D R Y. >> Okay. And you live >> I live on 161 South Maple Avenue. >> Okay. And we have someone else here. Y
165 South Maple Avenue. Spell your last name. >> I'm sorry. B A R E. first name is Henry Malahi. >> And let me ask, are you just interested parties or you do you are you gonna do you know if you're going to be objector or if you're just interested parties?
>> Um we plan on raising um >> I'm not sure if it's an issue. Um we are neighbors on South Maple of the >> speaker. Right now, you'll just be asking questions and if you want to give testimony later, I'll swear you in
later. >> That's fine, sir. Thank you. >> Why don't you sit right behind them, get closer to them. And Mr. Karns, speak as loud as you can. >> I will get that microphone to as close as you can.
>> So, what happened is uh we came here for a application for conditional use. So, >> can I do a quick summary? >> Yeah. Tell me if I miss anything or if I'm wrong. >> Better at it than I. >> That's what I'm figuring. No insult intended.
It's so in 2015, the board adopted a memorializing resolution memorialized the grant of minor subdivision approval of lot 2 to convey
a portion of lot 2 to lot 15, thereby creating new lots 2.01 and 15.01. 01 and a C1 variance to allow pre-existing front yard deviation that was on lot 2 to remain on lot 2.01. So that's how these two lots got created and the
applicant in that application which was PB14-005 that applicant was William and Virginia Karns. So that was 2015. Then the next thing that happened was
the board adopted resolution on December 3, 2024 memorializing the grant of conditional use approval to have an apartment in the dwelling with a C1 variance to allow um a pre-existing
front yard deviation. And that was TB24-00002 and the applicants then were co-licants William Karns and Virginia Karns with Michael Vicaro and Mary Francis Vic Carolo. Now in that application
which was granted in 2024 initially the application was to create a separate apartment which would have been two dwelling units which would have created which would have required a use variant at the board of adjustment and then the applicant
amended the application to seek conditional use approval. And I just want to read. So the township has an ordinance ordinance and Mr. Schly, if I make a mistake, you also correct me.
Ordinance 21-10.4 lists uses permitted in the R six zone and it has principal permitted uses, conditional uses, and accessory uses. and an apartment within a single family
residence is a conditional use. And so the application was to approve an apartment in a single family residence as a conditional use. And the board's findings on conditional use approval are on page four of that
2024 resolution. And it said the applicants request conditional use approval to allow the use of the proposed apartment within the existing dwelling which would allow the kernes to live in the proposed apartment and of the caros to live in the principal dwelling. Then there are a bunch of
conditions in the conditional use ordinance and the conditional use ordinance section is 21-12 and that lists the conditional use standard for an apartment within a single family residence. That's conditional use. Conditional uses are not permitted nor prohibited. A
conditional use becomes permitted if they satisfy all the conditions of the conditional use. If they don't satisfy all the conditions of the conditional use, then it's prohibited and they'd have to go to the board of adjustment for a D3 conditional use variance. The proofs that they put in were reciting,
not testifying, reciting what the resolution of the board found. The proofs they put in satisfied all the conditions for the conditional use department. Therefore, I opined that the board had jurisdiction. It was a permitted use. And so, the application then centered around the fact that there
was a pre-existing portion of the dwelling that encroached and the board granted a C1 variance based on hardship to allow that deviation to remain. And unless I'm missing something, that
was the 2024 approval, correct? So then apparently what happened is and we'll have to ask Mr. Currents to explain because they built the addition and the addition
and it was supposed to comply with the 50oot setback but it didn't. So now they're here seeking a C variance to allow a deviation of approximately I believe 2.8
ft encroachment into the setback area. Now as Mr. Schline notes in his memo and I agree with him this can't be a C1 hardship measures. There's no hardship. Either we're either going to hear that this was a mistake or hopefully we won't
hear it was on purpose. But no matter what, case law says you can't grant the C1 hardship variance for a mistake. So this is going to have to be a case based on a C2 benefits versus detriment variance. And so the board will have to hear the proof of what they propose as
to whether or not to grant the relief. Correct. what my opinion you have to go through again and show that all those conditional use requirements are still met today. If they show that they're still met today, then the board has then
I will appine that it's still permitted and the board has subject matter jurisdiction. We looked at the notices the board has procedural in my opinion the board has procedural jurisdiction and joy you review the uh certified the uh
the certain Yeah. The notices the return the certifying the stamp certified cards you you review. >> I have the email copy Mr. Karns is going to get >> Okay, that's great. I reviewed the what the notice said and and the notice. >> Yeah.
>> Yeah. And just to be clear, when you say notices, you're indicating the individuals that were noticed within the two underput radius, >> correct? >> Of the applicant. >> Yes. Is that correct? >> Yes. Okay. So, is that a fair history? It >> is.
>> So, nice and loud. Explain what happened that you that the thing was built and it and it now deviates into this setback. >> What's one more variance that you earlier my wife and I when we purged house rebuilt uh re rehabilitated and we
turned a bay window in a dining room into a French door and it encroached by five inches into the into the 50oot setback. So we we're given a variance for that too. >> Mr. Curt, I'm sorry. Can you bring the microphone a little bit closer? >> Do it again. >> Yes.
>> Thank you. >> There was another You said there was another minor variance for a bay window that you put in which was 5 in. Okay. We're not we're not worried about that. >> Well, we submitted the plans for the new construction
at the time we applied for the variance and the conditional use. Okay. We went forward with those plans, hired a builder, constructed the building, and it ended up when we had the um as build drawings to submit to the township, we
we did so seeking our certificate of occupancy and we were informed. We hadn't noticed it, but we encroached by uh it comes down to I think Mr. Schlly said 38.5 in beyond
the 50 foot setback which >> how did it happen? >> I guess the the builder dug the footings and probably inappropriately measured or anyway we ended up Did you have did a
surveyor come out and stake out the property before you built? >> Yes. Okay. And there were strings put in. >> Um we >> came to the microphone. Mr. Picaro, thank you. >> Came out um they staked the property.
They did all that um every step of the way. I mean you you guys know the building inspectors come and check everything. We staked it all out. And believe me, it was a shock to us. >> Put it this way. Who made the mistake? The surveyor or the builder? I think the
builder um made the mistake uh on it u where it's only that corner front left corner and approach encroaches like like you said 38 in or whatever it is >> Mr. How what is the encroachment?
>> Okay. >> Uh I get it. I antic I anticipated what they did is since it's not square, they were going parallel to the Finley Avenue because Finley kind of goes off in our corner. If you look at the house, it's right
next door here. Um, it goes back and they clearly mismeasured it. Uh, someone mismeasured it. I assume it was the building, but >> Okay, so I represent them. I don't represent you.
So, I can't say what I would say if I were representing you. So, >> and I just And if I could just add, John or Mr. Jill, sorry. >> Right. >> Um, since you approved the resolution last year, whenever it was, I've
certified every year. I, as you probably know in the testimony that was last time, I I am the son-in-law of Mr. K. I married his middle daughter. Uh so we all reside there as one. Uh and I certified I I usually I send in every January my certification that we still
uh meet the conditions of the resolution. So So the first thing the board if you want him to go through each of the conditions you can have Dave Schly take him through it all or you can just accept the fact that he's submitted the certification and ask Dave Schlly
about it. That's that's the first order of business before you get into what are the reasons that they want the board to grant the variance for the board's pleasure. >> Well, does it make sense, Mr. Schly, to maybe maybe not go through your entire memo, but perhaps summarize some of
>> the conditional use requirements? >> Yeah. Okay. >> Yes. Is that Matt? >> Okay, next one. Let's ask Mr. I guess that
>> that is correct. Nothing has changed since you were here last. in an existing fourc car garage, right? >> Fourcar garage and also driveway area for parking. >> Nothing has changed, right? Uh >> are cars parked in the garage or do you have stuff stored?
>> Oh, yeah. There's there's the car the all four cars are parked in the garage and one in the driveway, but yes. >> Okay. >> And there's adequate parking on the street. The street hasn't changed, >> but it can't be on the street. Well, >> right on the driveway. >> Bottom line is you're not infringing on the street park. >> Oh, no.
>> Fourth condition is the the exterior appearance of the principal structure shall not be substantially altered or its appearance as a single family residence changed and the original approval of the board found that that was case. >> You're going out there to take a look,
Susan? >> Yeah, it's the same as year before. >> Okay. D to add. Yeah, it nothing's changed since before. >> Condition is minimum size of apartment shall conform to FHA minimum unit size
by bedroom count. That's something the construction office would have. >> They said it complied. Yep. Okay. >> Sick. >> Occupancy department shall be limited to the mother, father, son, etc., etc. Um,
of the principal residence. Here we have on order of the >> Let's get Mr. Vicaro on that one, too. >> Yes, that's the letter I I send every January uh to for the requirement that uh my family lives with my in-laws. >> They're up in aged. I mean, not Bill.
>> Not Bill. >> You probably saw us on the news the other day when during that big snowstorm. They they shoveled us out. My his mother-in-law went to the hospital that day. Seven. >> At such time as the apartment becomes
unoccupied or at such time as the occupants of the apartment do not or no longer bear the requisite relationship by blood or marriage to the principal occupant of the single family residence. The condition they'll terminate in the event that
ownership of the premises changes. Presumption that such requisite relationship the original uh uh the 2024 resolution, one of the conditions was that if the apartment becomes unoccupied or in other
relationship uh apartment uh resident no longer exists that the um apartment space will be reintegrated. Kitchen in the apartment will be removed. The applicant agrees to uh that
stipulation. Correct. Correct. I ain't dead yet. >> Final eighth condition is the owner of the premises uh certify annually form provided by the zoning official that they're complying with all the conditions.
>> I will continue to do that. I I don't know of a form. I just send a letter in certifying >> that's satisfies the requirement. As to this threshold issue, does anyone have any questions about whether or not this conditional use is permitted or not? Any
questions? Not on the encroachment, not on the variance. Any questions on on whether or not the apartment is a permitted conditional use? >> Yeah. Yeah. Yeah. You ask him if he has any questions on the conditional youth
issue. We're not up to the encroachment yet, but do you have any questions on the Well, you can ask any questions you want on the conditional use apartment, but it sure seems like they satisfy all the
conditions. Okay. I have a question for Mr. Sly over there. So, in the light of this new discovery that it's like whatever um 2.8 38 ft difference, does this impact the
conditional use? That's >> separate standard that applies to all dwellings in >> one's got nothing to do with the other. The only reason we're going through the conditional use standard is to make sure that the planning board has jurisdiction
over the C variance for the encroachment. So hearing what I've heard and there no other questions in my opinion, the apartment is a permitted conditional use and the board does have jurisdiction to hear the rest of the application. So now the $64,000 question
is what reasons do you are you giving the board to grant the variance? Because theoretically if the board were to deny the variance, you'd have to lop off a triangular piece of the house. >> You have to lop off 10 square feet and
it would look horrible from the street because it would form the house. I take it one of your that I take it you're applying for a C2 benefits versus detriments variance and your argument is going to be aesthetically
it would be a benefit to grant the variance because if they don't v if they don't grant it and you have to cut off a 10 square foot triangular portion it's going to look awful. That's your argument? >> Yes. substantially
>> might point out that was in in excusable inadvertence. We didn't know that the builder made >> no one's no one's saying you did. So now are there any questions on the encroachment? If you have questions, come on up to the microphone. >> So
>> identify yourself for the record. >> Sorry. Um Heidi Emily Landry. I live on 161 South Maple Avenue. Um and um I'll speak first and Hank will follow. Hank is my neighbor. >> Tell you what, you know what I'm going to do? I'm going to swear you both in so
we can have a combined questions and testimony. >> So do both of you swear or affirm that the comments you're going to make in this proceeding will be the truth, the whole truth, nothing but the truth. >> Yes, >> I do. >> Okay. So now you can ask questions and
speak. Um, so, uh, because we live down the hill, uh, from South Finley, um, Hank and I both see, um, the building daily. >> We both,
>> um, >> you both do, both of your houses at the rear. >> Yes. >> Hank is more directly behind the extended property and I'm on the side. Nonetheless, um it the property is highly visible from both of our houses.
Uh neither of us raised an objection during the original hearing and neither of us are trying to um oh revisit revisit that decision. However, having received notification of the encroachment, um both of us agreed that
we would come here and ask um the property owner to plant some trees if possible to um shield uh or give some additional privacy to the neighbors.
>> You want planting and screening? >> Yes, please. Now I will just acknowledge that we had no idea where the encroachment was. I mean from the notification it was not clear the location of the >> so possibly it was to the
>> for us the house looms in in especially in winter it's very bright and we find a lack of privacy. >> Can you do a favor? Can somebody Okay. There was a attached to the notice
there's 200. Can we take a fivem minute recess? Go to that table. Dave go to that table and can you mark up show me where the appropates going to be on this in relation to their
>> five minute recess. We get a motion to recess for five minutes. >> All right. No motion. Recess. call this meeting back to order. So, we have some some business to take care of now. So, a
couple things happened during the break. First of all, for whatever reason, even though we checked the US Postal Service computer records, and according to the records, everyone within 200 feet got a notice. However, a board member, believe
it or not, looked at the 200 foot circle and he lives within 200 feet and he didn't give a notice. So, he's recused. So, um, Mr. >> Yeah. Now, fortunately, he didn't say anything
during the application. A That's right. So, don't go home, though. >> I know. I know. There's more. >> Yeah. Okay. Second, apparently, there seems to be have now been an agreement between the two objecting neighbors and
the two applicants, which have been reduced to writing on an exhibit that I'm going to ask Mr. Schlly to describe for the record. It's going to be exhibit A1 and all the two objectors have signed it and the two applicants have signed it. So, Mr. Schly, can you describe what
A1 is to resolve the objection? >> Yes. Uh, exhibit A1 is sheet two of four from the approved plans uh the plans that the board approved in 2004. >> What's the date on that?
>> Last revision is February 10, 2025. >> Okay. And what does what does A1 now show? >> A1 on a copy of this plan which is the plot plan for the construction of the
additions of Vicaro residence. It shows an area uh a distance of about 120 ft where uh the neighbors Mr. Barry and and Mandry um requested screening
uh and it was agreed among the um the two neighbors and the two applicants Mr. Karns and Mr. Caro that within that 120 foot distance there would be uh arborite trees. I'd recommend green giant variety
arborites minimum planting height of six feet high spaced six feet on center. >> Okay, that's correct. >> And and and the two objectors. That's
correct. >> Okay. I just have as I'm looking at the map the the property slopes off a little bit so our our landscaper will find out how to make that I drew a line on that map
but that's an approximation on that map we'll do that 120 ft >> as as u Mr. talked about six feet of spading part six feet high but the landscaper will >> okay so
with that are there are there any other members of the public who have any questions or any comments to make on this application none in the back correct okay so with that said
oh one question. Out of curiosity, who was the builder? >> I have to actually say his name. >> Yes. >> Ben Construction. >> How do you spell that? >> Ben Nen >> Construction. Apostroph.
>> Okay. >> He's on the permits. >> Okay. So, yeah, you both said yes. Yeah. Okay. So with that board can close for public and they can deliberate on the
application. >> Um board members uh obviously we the applicants and the objectors were able to work out an agreement. Um we have the exhibit uh indicating where uh the
vegetation will be planted. Um, and that has uh addressed the objector's concerns. Uh, from the board's perspective, does anybody have any additional questions, observations, or things that they would want to bring up
before we uh make a motion? Right. Hearing none. Seeing none, uh can I have a motion to approve a to grant the C2 variance with the planting condition? Now, when
will the things be planted? Why? When are the two planting seasons? Yeah, it's a little late now. So, I assume it's going to be planted in the fall. Exactly. >> Yep. >> I assume the leaves are going to come
now and it'll be >> Yeah. >> plant in the fall. Okay. Got it. 2026 >> September >> plant fall of 2026. Let's say
no later than say no later than December 31st. >> Too late. Too late. No later. October 31 or November? November. What? I' I'm not Listen, I'm an attorney. I'm not certainly not a
landscape person. I've heard I heard November 15 is the last you want to do it. So maybe tell them October 31 in case they hit a problem. >> Sounds good. >> All right. Plant no later than November 15th.
you do it. >> Okay. So, so you made a motion to grant the C2 variants with the planting condition incorporating A1 and they have to plant it no later than November 15, 2026. That's the motion you made. >> That is the motion >> board.
All in favor or do I have to do a >> saw? >> Thank you. >> Yes, >> Miss Bannon. Yes, >> Manduk. Mr. Schaefer. >> Chairman's Phil. >> Yes. >> Thank you. >> Okay.
Thank you, Mr. Drell. I do want to make an the observation that I had earlier to make a note of the builder. >> Yeah, I did. I we asked it. Is this construction company named Ben
Construction? >> All right. Um so with that we are going to move on to our redevelopment presentation. Um can somebody welcome back Mr. Oreo into the
meeting? >> Right. >> And we can open the door. >> Yep. We can open it up. >> Well, it took an hour to me. It felt like nothing. Never could have predicted that in >> coming. >> Yeah, he was talking.
>> Okay. All right. >> All right. >> Don, you're still uh with us. Mr. Crane >> probably muted himself. >> Still with you. >> Great. Hey, thank you, John. Behe, the floor is yours.
>> That was exciting. That was a lot more exciting than this is going to be and I apologize in advance. Um, but we are here this evening to discuss redevelopment and the local
redevelopment and housing law. And I had created an and PowerPoint presentation, but due to technical difficulties. So, I apologize that it is even less exciting than it was going to be before.
Um, but so to get started, um, oh, can someone one of the two of you scan that exhibit 81? I will >> send it to me tomorrow. >> I may even have that attached to the
resolution. All applications could be resolved in that matter. Wouldn't we be ahead of the game? You would be outfitting that to this particular attorney for a particular reason having nothing to do with Burner Township.
No, it just doesn't do it when you I'll get the the gist. Um, >> I'm sorry, Miss Ve, if you could microphone. Yep. >> Sorry. >> Just like our one of our last witnesses. You have a soft voice, so bring the microphone next. Also, I know you love hanging out in the back, but if you hung out in the front, you'd hear a little
better. >> Need to offer like one of these kind of mics. Um, okay. So, let's just get started. um not why is it not working here? We'll just use these arrows. And I apologize that the top's going to be cut off. But
um this is what we're going to talk about tonight. We're going to discuss redevelopment, what it is, what it isn't. We're going to talk about the primary statute within the state that governs local, it's called local redevelopment and housing law. We refer to it in the planning world as
LRHL, which is why I've then listed it as an acronym for all the other lines. We're going to talk about the history of how it came to be, the powers that it gives you, the planning board, as well as the municipal governing body, the process through which the municipality has to go in order to implement
redevelopment pursuant to that law. and then the criteria that an area needs to meet in order to be designated as an area in need of redevelopment. Okay. So what is redevelopment? Um
redevelopment in the past has been kind of seen as a a ne through a negative lens, right? A lot of people associate it with slum clearance um or drastic government intervention or um
kind of like a last resort when all other efforts have failed in order to promote um reinvestment into a particular area. Um now redevelopment is typically looked at with a little bit
more of a positive light. Um it's an effective and And essentially it's a planning tool within the state um to revitalize and achieve comprehensive planning objectives. Um
this long quote here on the bottom of this is how redevelopment is defined within the local redevelopment and housing law. I'm not going to read it word for word, but I've obviously bolded some of the more important parts of that
definition, but essentially it's a process to rebuild and restore an area that has been in a state of decline for a number of years. Um, as I said before, the primary statute
within the state is known as the LRHL. it. This is what governs redevelopment, rehabilitation, and affordable housing initiatives within the state. Been amended over the years um in response to various court cases and
concerns over property rights. Um essentially it was enacted in 1992 to promote economic development, revitalize areas that were uh underutilized
to improve infrastructure, eliminate conditions of deterioration. I put this in here. This um I think is worth reading. Um this is within the very beginning of the statute. Um
there exist have existed and persist in various communities of this state conditions of deterioration in housing, commercial and industrial installations, public services and facilities and other physical components and supports of community life and improper or lack of
proper development which result from forces which are amendable to correction and amelioration by concerted effort of responsible public bodies. and without this public effort are not likely to be corrected or amilarated by private
effort. So this is basically the justification for the statute. It's not something that private interests would naturally kind of fall into place in order to implement a redevelopment.
Um when you follow the process of the statute uh sorry the the the statute itself dictates the process. It also dictates the roles and responsibilities of you as a planning board and the governing body.
As I said before, it very clearly identifies the criteria that an area needs to meet in order to be designated as an area need of redevelopment. It stipulates exactly what needs to go into a red redevelopment plan. There are
eight components. There are eight criteria. The statute also um tells you as a municipality what you may do in order to effectuate redevelopment with regard to
financing and things of that nature. Um and it also depending upon the population of a given place or the geographical layout, it allows municipalities to create what's called a redevelopment authority or redevelopment agency.
that's not really applicable for for Bernard's Township and Bernard Township doesn't already have a redevelopment authority. Um, this just kind of walks you through the history of the statute. As I said before,
it was enacted in 1992 to to simplify and consolidate all of the prior redevelopment laws that were already out there into one that was more clear um and transparent and kind of easy for people to understand. It consolidated
things like the Blighted Areas Act and the Redevelopment Agency's law. Um then over the course of 2007 to 2013 uh the courts narrowed the definition of
of the word blight. Um up to that point property owners had been arguing that municipalities were using this tool to um label what were otherwise healthy properties as blighted
simply because they believed that they could be used more profitably. And so amendments were made um and were intended to protect private property owners from from kind of the the incorrect usage of this process.
Uh then in 2013 some more amendments were made um with regard to the eminent domain option and how um property owners were noticed.
So at that juncture, municipalities no longer had to use the condemnation approach and they could declare an area in need of redevelopment um without using the powers of imminent
domain for property t taking. Uh but the statute stipulates that you have to declare that at the outset. So you have to do that when the governing body issues the authorization to the planning board that it is a non- condemnation
investigation. Okay. Um and so the rules for the noticing were also changed at that time. And then in 2019, that is when the criteria slightly
changed and that's when um there was a criterion added for aging shopping malls, shopping plazas, and office parks with prolonged vacancies. And then in 2023, while it wasn't a
specific amendment to the law, it was um kind of a change in the interpretation um in that there has to be um kind of a higher bar for substantial evidence of a criterion being met and
that there has to be evidence that that condition has caused actual harm. That's the history of the statute. Um in a nutshell, um this slide tells you exactly
why new development is different than just like your traditional zoning. It gives municipalities certain powers that they don't have through the avenues of traditional zoning. Um the municipal governing body had the power to
authorize a preliminary investigation You have the authority as a planning board to conduct an investigation. The governing body um after you make your recommendations has the authority to
adopt um and designate an area as an area need of redevelopment >> or not. And then if they choose to proceed that they that they believe an area is an area needing redevelopment,
they can then proceed and um direct the planning board or in the case of a municipality that has a redevelopment authority, direct either of those entities to write a redevelopment plan >> or they can do it themselves. >> Right? governing body can write its own
>> and I've done one for a governing body before as well. Um so there are all these other you know powers that are given to a municipality through this statute um such as acquiring property, collecting revenue, issuing bonds,
getting grants, borrowing money to finance redevelopment project. um >> focus on what the planning board does though. >> Thank you, Mr. >> So, yes, let me So, right here, you as
the planning board have jurisdiction over redevelopment site plan applications, >> but our specific role is to only >> make a recommendation to the governing >> conduct the investigation and make conduct an investigation, make a recommendation. The board's not supposed
to think about, oh, this would be a good idea. This is what it should look like. Um, this is what the plan should say. Um, or we're in favor of pilot. We're against the pilot. Planning board's function. It governing body
holds the planning board in a resolution. We want you to do an investigation to see if this particular study area is an area needing redevelopment. planning board then said, "Okay, we're going to have our planner do it." Planning board could have said, you
know, we're going to put out RFPs. >> Feeling my thunder. This is the process. >> Yes. So me, the planner, I would then conduct an investigation according to the criteria that are listed within the statute. And it states that if the
governing body authorizes me us to do that do that we have to prepare a map of the area with boundaries. I'm on step two by the way and a report setting forth the basis of the investigation. Okay. So then step
three we set a we as a planning board set a date for a public hearing with notice 10 days in advance. I'm going to go to to the notice because I just did this literally today with Cranford. So, it's fresh in my mind. This is process
is different than your typical notice for an amendment of a master. Now, first of all, under the new statute, the notices are going to go on to the township website. It's not going to go to the news. The statute still talks about newspaper, but the other
statute says website. But you have to run a notice two consecutive weeks with the last notice being 10 days before the hearing. The only entities that need to get a mailed notice
are are the lots within the study area, not 200 footers. So I'm going to repeat the notice, >> right? >> Yes. >> Correct. those the lots inside the study
area that are being considered for whether or not they meet the criteria to be an area need of redevelopment. Those are the only written notices, mailed notices, certified males that have to go. The notice though is published two
consecutive weeks with the last notice 10 days before the hearing. At the hearing, the planner, whoever prepared the report gets sworn in, they basically summarize the report and they are subject to be, you know, cross-examined by members of the public. Members of the public can get sworn in. They can
testify about it. And in another very strange thing that makes it different has if people want to submit written comments on it, not only are they allowed to, the planning board has to consider them even if the people aren't here to testify.
couple minutes before the hearing. Can you speak to the microphone? So >> I don't that's not written into the statute. So just before the public hearing begins. >> So Mr. Drill just to close that up. So if there is a single
lot that is being investigated >> that the only lot that would get noticed. >> They are the only So the surrounding >> 200 properties They do not get noticed. >> No, just just adjacent municipalities if it's on the edge of a of a town. >> So, all right. >> That's very interesting.
>> Yeah, it's very strange. >> Yes, >> that's what the statute says. >> Well, it's good that we were having these public discussion educational sessions so that the public can >> Yeah. All four. All four of them or
three of them. Okay. So the the the hearing happens and then the planning board uh makes their recommendation. This is step four to the governing body as to whether or not the
area meets the criteria of being an area need of free development. Okay. >> I ask one question. Is there app and between step two and three with when >> you are authorized to conduct the
investigation and so you conduct the investigation but it doesn't it doesn't like bind you once you've conducted the investigation if that answers your question. In other words, going to tell the board's planning
expert to conduct the investigation. She and anyone else from her firm that she decides to help her. If she wants any help, they're going to submit report. At minimum, the report has to have a map showing the area. But typically, these reports, and I know
from her firm, >> tell you in a minute what has to go into them. >> Her firm is they they're very thorough. And so they're going to have a recommendation in there on but the board doesn't have to follow their recommendation. The board at this
hearing makes an independent judgment about it. >> Correct. And once the board makes their recommendation, the governing body doesn't have to follow that recommendation either. But the the real interesting thing is >> so >> if let's say the planning board were to
make a recommendation yes this area is in an area in need of redevelopment should be determined that way the governing body doesn't have to. If the board were to say that we don't think this area meets the criteria to qualify as an area in need of redevelopment.
Could the governing body say we disagree we think it does? >> They can and they have to say so in a in a you know written document. >> I haven't seen I've never seen that happen. >> Haven't either. >> I've seen planning boards either say yes or no, but generally as a practical
matter when the planning board re makes a recommendation, generally I've seen the governing body accept it, but they don't have to. >> Right. >> The investigation is going to be done by the planner. They're going to make a recommendation. You're going to have the hearing. You don't have to accept their
recommendation. You're then going to you're going to hear from the planner. You're going to hear from members of the public. Then you make an independent judgment. But you guys don't have input into when she's putting her report together. >> My question is without stating by what that should be.
>> Oh, correct. You cannot state what that should be. That's got nothing to do with your job. That's a later part of the process. >> That's a later part of the process. It goes back to the board. >> No, that's the the governing body then decide the governing body has an option. They can either say we want the board to
do that or they can say we have this authority but we don't have one here that's going to do that or they can say they're going to do it. Most of the time with my board clients there's been only one case where the governing body has had the planning board do it. Usually
the governing body you know, they want control over that for obvious reasons on what it should be. And you're not supposed to consider when you get this report, it's going to have recommendations whether or not this area is an area needed redevelopment.
Does it meet the statutory criteria? That's all you're supposed to consider. You're not supposed to consider what it could be. >> The board is essentially the keeper of the >> committee. >> This is not a master plan. >> No, it's not a master plan, but it flies in the face of that. Um
>> it is to be written. So there's a section that discusses consistency with the master plan. >> Oh, okay. >> Um >> that's all I can say. If the board gets a report that recommends that this area
be an area in need of redevelopment, if the board thinks that they disagree with that or they think it conflicts with the master plan or whatever, the board had gets an independent judgment on what to recommend to the governing body. So,
>> so wait a minute. >> We're not there yet. >> No, the board. >> Well, helps first. Okay, it's a two-step process. >> Should we get through the presentation? And then
>> you're way down the road. Okay. Way down the road. >> Okay. So, moving on to the next part of the process. After we've had the hearing and we've made a recommendation, the governing step five is that the governing body chooses whether to adopt
the resolution designating all or part of an area as a redevelopment an area in need of redevelopment. >> Repeat that again. So, what I'm getting at when I say all or part, and I'm adding some emphasis there,
um, when a governing body adopts a resolution authorizing a planning board to conduct a preliminary investigation, that or that uh resolution will list all parcels included in the area to be
investigated, >> be studied. >> Right. Now, um, in in in studying them, some of that area might meet a certain
criterion, some of it might not. The planning board has the authority to make recommendations on the whole area or part of the area.
And it's also so they could say you know this does but this doesn't or they can also say this does this doesn't but it would be great and more strategic if it was
included. >> Yeah. So just we're going to repeat that again also >> the the study could recommend and or the planning board can accept or not to recommend all our part of the study area
is an area need of redevelopment but it's not necessary that every property within the area that's designated for redevelopment be substandard because it if it abuts something there could be other reasons >> or if let's say um there's access issues
and part of the area that is to be studied doesn't meet one of the criterion, but it is necessary for the rest of the area to be redeveloped because it is the only way that that area could be accessed. Does that make sense?
>> And let me do one other thing. When you guys are asking questions, ask them ask about the process if not related to any particular thing that might become for the board because that's what this is supposed to be. If people have like legal questions where they want attorney
client legal advice, we could do a close session at the next, you know, meeting about that. But let's try to get get through this. >> Yeah. >> People obviously are thinking ahead, but let's hear this out before.
>> Yes. So then the next step would be that the governing body authorizes the preparation of a redevelopment plan. As we said before, >> that's if they >> if they choose to designate it, >> if they if the board recommended or not, >> right?
>> But if the governing body adopts the resolution designating the area as an area needed redevelopment, then >> right, the governing body authorizes the preparation of a redevelopment plan. They can do it themselves
or they can have the planning board do it or they can have a redevelopment authority do it. >> That's the only time when that if if the governing body told the board that the governing body wanted the board to do it. That's the only time that you get to
think about, oh, what would you like in that redevelopment plan? When you're doing this first step that we're at now, determining whether or not the area meets the criteria to be an area need of redevelopment, you are not allowed to think, oh, what do we want there? What
could be there? >> It exactly. Yeah. Okay. Um so then let's say hypothetically we do get to that point. Step seven is that the planning board either prepares
uh the redevelopment plan and submits it back to the governing body or they review the redevelopment plan that was written by the redevelopment authority or the governing body for consistency review. Okay. Last but not least, the governing
body takes the prepared redevelopment plan and they are the ones who actually adopt the redevelopment plan. >> Redevelopment plan actually not only is it adopted by ordinance, it becomes an ordinance, >> right? The redevelopment plan is the zoning ordinance.
>> And we write ours um as both a a planning document, but then we also codify it at the end so that it can just be dumped right into the um to the code >> that gets adopted like any other ordinance at a public hearing on notice and
like any other zoning ordinance. >> Okay. So that's the process. Um these are the quick and dirty of the criteria that you have to meet. Okay. And so the important thing to remember
there are eight of them. You don't have to meet all of them. You only have to meet one of them. >> Saying you she mean >> yeah sorry >> area >> the area the so okay so these are all different conditions right? Um, I
personally I I have never seen a redevelopment an area be designated as an area need of redevelopment solely based on H. >> Agreed. I've never seen one solely based on H either. >> That's just sort of like a fun little
tack on that most municipalities will throw in there. >> I don't know what a court would do quite frankly if >> Yeah. >> if they relied on H only. um you see a lot of A, you see some of D. Now we're
seeing a lot of B because that one is the one that talks about um you know office buildings, corporate parks, shopping malls, things like that. Um I've written one on C before. Um but I
will this is just like the highlevel words that you can remember for each one. And and here I'll I'll I'll read these for you. Um but criterion A is the generality of buildings that are substandard, unsafe, unsanitary,
dilapidated, or obsolescent or possess any of such characteristics or are so lacking in light, air or space as to be conducive to unh wholesome living or working conditions. Okay. Another thing to note about the
statute, there are a lot of ores. Okay. So, you can meet one of these criterion with just like one word out of all of these things. Um, the next one, the
discontinuence of the use of a building or buildings previously used for commercial retail, shopping malls or plazas, office works, manufacturing or industrial purposes. the abandonment of such building or buildings, significant vacancies of such building or buildings
for at least two consecutive years, or the same being allowed to fall into so great a state of disrepair as to be untenable. That's criterion A and B. C. Land that is owned by the municipality, the county, a local housing authority,
redevelopment agency, or redevelopment entity, or unimproved vacant land that has remained so for a period of 10 years prior to the adoption of the resolution. and that by reason of its location, remoteness, lack of means of access to
developed sections or portions of the municipality or topography or nature of the soil is not likely to be developed through the instrumentality of private capital. So a lot of options there. D
areas with buildings or improvements which by reason of dilapidation, obsolescence, overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, dilitterious land use or obsolete layout or any combination of these or other
factors are detrimental to the safety, health, morals or welfare of the community. Growing lack or total lack of proper utilization of areas caused by the condition of title, diverse ownership of real properties therein, or other similar conditions which impede land
assemblage, or discourage the undertaking of improvements resulting in a stagnant and unproductive condition of land. And this other one is not really applicable because I don't think that we've had a five contiguous acres
destroyed by fire or demolished by a storm or fire cyclone tornado earthquake. The other one, this next one, G is also not applicable because we don't have an urban enterprise zone within the township. And like we stated before, the very last criterion is um
that the designation of the area is consistent with smart growth planning principles. And I've listed all of these here for you. And I will give all of you a copy of this presentation afterwards. I just didn't think that we needed to print all of this out. So that's the criteria that
you have to that that an area would need to meet any one of those. Okay. Next, um, this is what is required to go into a redevelopment plan document.
>> If, right? >> Right. >> If board were to recommend that the areas and area need a redevelopment, sends the recommendation to the governing body. the governing body designates the area and
governing body decides someone's going to put together, >> right? >> And in my experience, it's typically done like at this at a subcommittee level um just based upon feedback from greater group down to
a smaller group of statements. >> I I agree with that also >> goes faster. Um and not everybody wants to review multiple erations of something. Um, so it's important to remember redevelopment plans are highly customized legislative documents.
They can authorize boards to grant deviations. Um, they establish detailed standards that need to be applied to the >> I'll go one step further.
>> They give broad discretion. Go ahead. Generally in New Jersey, contract zoning awful. You can't govern anybody can't sit down with a land owner and negotiate to reszone their the property. Unlawful
spot zoning in New Jersey. Lawful. Oh, that property we're just going to we want to reszone it for something. There's two exceptions to both of those. affordable housing and have a private negotiation for
resoning or redevelopment development plan actually sit down negotiate correct okay so there are eight required elements to >> by the way is the other reason I don't
like planning boards doing the redevelopment plan because then when an application comes in the ones who get >> bunch of recusals. >> Yeah, true. Um okay, so according to the statute in section seven, um
redevelopment plans shall include these eight items. Um essentially it's it's the relationship to the local objectives. uh you have to list your proposed land uses within the area and the bulk
standards or building requirements that you know setbacks, height requirements, just kind of similar to a zoning ordinance but not. Um and then a provision for any relocation of any residents within the area if that's
necessary. um an uh identification of property to be acquired in order for the redevelopment to take place if necessary. The relationship to the master plans of contiguous municipalities, the county
and the state development and redevelopment plan, inventory of all affordable units that are to be removed if they are a plan for the provision of new affordable units if that's happened. And then a proposed
location for zero emission vehicle fueling and charging infrastructure because why not? >> Oh man. Um I just got rid of my electric vehicle. >> We did there's one other thing way in the beginning.
>> Condemnation or non condemnation? >> No, I did mention that as um the part of the 2013 amendment. Okay. municipalities have the authority to choose whether they use the um the powers of eminent domain or not. Okay.
>> If not, it's rare that there'd be any property that would have to be acquired. Every now and then you might there might be an easement that you need. >> Yeah. Right. Okay. Um, so with that,
municipalities have kind of two approaches. If you are writing a redevelopment plan, you can write one that completely supersedes the underlying zoning for the area. It's like a full resoning
within the redevelopment ordinance. Um or you can operate in conjunction with the existing zoning and just adopt what's called a redevelopment overlay zone. >> Okay. Um >> you guys know what an overlay zone is?
>> Overlay standards. >> And if you want to do what's in the overlay, if you do it, then there's a bunch of conditions that you also have to do, but it also gives you the right for the underlying zoning. Um so if you choose to go with uh the
approach that supersedes, you just have to be sure that the ordinance that adopts the plan um explicitly amends the zoning map that goes along with it. So there's a zoning map change which is not a big deal, but you just have to make
sure that it takes place. Um, with that said, as I mentioned before, um, it's important to write a redevelopment plan that gives the planning board authority to grant deviations. Um,
that kind of helps you from being in a situation where you've got objectors arguing that you've overreached or overstepped your authority as a planning board. >> My opinion, the safest way to do that is to specify in the plan
which of the provisions are similar to development requirements that would be exceptions under the MLUL under section 51 which requirements would be considered C variances under the MLUL and and you have the
choice you can say no D variances >> right >> or you can say also Dvarianes most of the plans I've been familiar with say no Dvar variances. >> If you came up against a situation where um someone comes in with a use that's not permitted within the redevelopment
plan, the redevelopment plan would have to be amended and it would have to go through the formal process of an amendment. Otherwise, um if it's just a minor bulk variation, >> few areas I mean it's unlawful to say you can't get a devariance in a regular zoning ordinance. In a redevelopment
plan ordinance, you can say no devarianes. >> Yeah. Yep. Correct. >> Right. >> If you write the plan that way or whoever writes it,
>> right? Um, okay. So, I think that covers everything on that side. Um, and then just some other things to be cognizant of is that um, like I said before,
you don't have to include everything within the area in your recommendation if you don't feel that everything meets the the conditions, but you can include something if it doesn't meet the condition, if you feel that it's strategic for the rest of the
area. Okay, that's one point on here. Um, one required condition, this is like getting way ahead of ourselves, but I'm just, it's in the statute, so I'm listing it. Um if you get to the point where you designate an area need of
redevelopment, you write a redevelopment plan, someone comes before you with a site plan application um or they you know a concept plan, let's say, and they want to negotiate for a tax abatement >> which is a you can do as a part of
redevelopment law. um and they're talking about housing, they have to and you have this written in your housing plan, but they have to give um 20% of those plan uh residential units have to be affordable or they have to
pay into your affordable housing trust fund and it's stipulated in the statute as to like exactly how much per unit. Uh the next point that you should remember is that
we've already said this but all um all of the site plan uh applications within a redevelopment plan will be coming to you guys as opposed to the board of adjustment. Um the we already said the governing
standards for redevelopment plan come from the ordinance itself. So, it's all just dependent upon how the ordinance is written with regard to all the requirements that someone would need to meet regard to density, landscaping, signage, lighting, you name it. It it
has to be in there if you want to be able to govern it. Okay. Um, and that's pretty much it. Another thing I've seen written into redevelopment plans that before an applicant can come
to the planning board with a site plan application, they have to go to the governing body for a consistency application is consistent with the redevelopment plan. And generally there's normally a redevelopment, >> right? And that's something I didn't
discuss because I'm not a redevelopment attorney and I'm not going to pretend to be an expert when it comes to contract law and redeveloper agreements. But that is part of why the redevelopment law is looked at as such a a great tool for redevelopment because it allows you
to negotiate with the redevelopment via redevelopers. If the governing body was together redevelopment plan, they could put a provision in there that says get to the planning board so we see it first and get our sign off that it's
consistent. Not mandatory, but they can if they want to do it that way. where we sit, >> right? Conducting the investigation recommendations at no
>> consider any of that other stuff that we just went through. You're not allowed to. Okay. So, just just so we're clear, could you go back to your slide on what >> process? >> Yeah. For them. >> Oh, well, >> four things. >> Yeah. Um, you know what? I'm just going to read
the powers section because the powers um section of statute is section four have the power to and authorized by a municipal governing body. So again,
all that you would have, >> right? >> Just don't want to get ahead of ourselves. >> Yeah. >> I'm going to read from Cox and Koig section 11.3.1 and 3.2. 11-3.1
says beginning of the process for establishing a redevelopment area is a governing body resolution providing for preliminary investigation by the planning board particular area in the municipality to determine if it's in need of redevelopment governing body has
done that I'm a mere I'm a mere editor left 3.2 Two, once the governing body authorizes the planning board, it says authorizes once the the governing body tells the planning board to conduct the preliminary investigation. When the governing, you have to conduct the
preliminary have any option to say, "Oh, gee, nice place. We're not going to do it." You have to you have to determine whether an area should be designated as an area needing redevelopment. You then engage your professionals or hire
outside professionals. You guys decided to engage your professionals to conduct a study to evaluate whether the area satisfies the criterion set forth in 4A colon 12-5 those eight criteria prior to
the time set for the hearing planning board through the professionals are going to prepare a map of the area and a statement sending that forth the basis of the investigation no one does any statement anymore they're going to bone very detailed report evaluating all the
lots in the area under the eight criteria making a recommendation. This is usually prepared in the form of a preliminary investigation report. That's what we're going to do, which will form the evidentary basis for the public hearing
of the public hearing. Notice public hearing. The author of the report will summarize it, testify, answer questions, and then members by court members, members of the public, and then
members of the public have the right to, you know, I'll swear them in, but they have the right to give their opinions on everything. And like I said, there's a strange provision that they can even write letters that have to be considered by planning board
even though the person's not here. had that happen once. Yeah. The board decided in that case that okay, you have to consider it. Person wasn't here to be subject to cross examination. They might not give that as much weight as someone
testify >> that. Does the board have any process questions? >> Process questions. >> Not an attorney client. not a public hearing that people are entitled to listen to this but public they're not going to participate in the educational session that was just
provided. All right. So with that um comments from members, comments from staff, my only comment is if anyone has any attorney client questions they want to ask, you can call me or if enough people
ask questions and I'll tell the chairman or the vice chairman and suggest that you know that session with with everyone but you can just do that by calling me. Yeah, this call everyone. Yeah,
>> Mr. Crane has a question. >> Who's the question for? >> Yes. >> Sorry, Mr. Crane. Is this for Miss Fehey or Mr. Drill or someone else? probably Mrs. G. I know it's a process.
I just want to make sure we question. >> Can we present this presentation on our website because uh during the presentation? >> Oh, you mean the presentation that was just he wants to know if we can upload this presentation.
>> I think that's pretty reasonable. >> In fact, this is part of the meeting. So, aren't the meetings up on the website? that the problem is the right hand side of the screen blocked all the
>> so where the agenda is posted on our website misc possible to make sure that we can also have this slide presentation also uploaded >> ah the slide presentation now I understand what he's asking about
>> okay I get it >> does that address your question Mr. Mr. Crane. >> Yeah, just it's unfortunate that the right hand screen is blocked off because you're see >> you're not seeing the wording. >> Okay.
>> All right. Any other questions? Okay. Um just noting that our next meeting will be June 16th. Um looking forward to having our uh chair back for that meeting uh as well
as all of you. Um so with that, can I get a motion to adjourn? >> I move. >> I'll second. >> Wonderful. First and second. All in favor? I. Thank you everybody.