--------- You good for me to start? [Laughter] >> All right, we're going to get started. [Music] >> Okay, this zoning board meeting is being held on November 5th, 2025 at 7 p.m.
Statement of adequate notice. Under the Sunshine Law, adequate notice in accordance with the Open Public Meetings Act was provided on January 14th, 2025 of this meeting's date, time, and location. The agenda was mailed to the Cranberry Press and Home News Tribune, posted on the Township Bulletin board,
mailed to those requesting personal notice, and filed with the municipal clerk. Roll call, please. Mr. Bona Balanca, >> here. >> Miss Dharmapal, >> here. >> Miss Gens, >> here. >> Mr. Ari, >> Miss Parker
>> here. >> Mr. Shores >> here. >> And Miss Shu >> here. >> Thank you. We have the quantum. [Music] >> Yeah. Welcome everybody to Cranberry, New Jersey, the most wonderful town around. We are We lost a zoning board
member uh two weeks ago. So, we're just going to have a quick moment of silence for Richard Callum. Thank you. Okay. Call up. >> Are you minutes? >> Yeah. >> Be the minutes for June 4th. We have a
motion to approve. >> August 6th. August. >> You got it >> for August 6th. Any questions? >> Okay. >> Yeah. Only a couple of you can motion and second us. Um
Joe, Ruth, Gwen, and that's it. Only the three of you were here. So, second it. Okay. Okay. Roll call for the August 6 minutes. Mr. Bonavalanta, >> yes. >> Miss Kittens, >> yes.
>> And Miss Parker, >> yes. >> Okay. Thank you. Motion passed. >> Okay. So, now we'll do the application for medical. >> Yeah. So, our board attorney got stuck in traffic. He's on the way. But um all
the witnesses have already been sworn. There's no new >> there's one new witness substitute witness from Robert. >> Okay. >> Two witnesses. >> Yeah. >> Yeah. You can actually um you're
supposed to read. Yeah, it's just the typical. All right, I'm going to have to raise the right hand. >> We're like frantically trying to figure out how to square people in. I was just about to do your job. Do some
swearing in here. >> All right, we have two new witnesses. >> Courtney's here. She's just Mr. >> Chair, I'll swear on you, member. >> Absolutely. >> So, I state your name. I, Courtney Darmfeld, >> do solemnly swear >> do solemnly swear
>> that I will support the Constitution of the United States >> that I will support the Constitution of the United States >> and of the State of New Jersey >> and of the State of New Jersey >> that I will bear true faith >> and that I will bear true faith >> and allegiance to the same >> and allegiance to the same >> and the governments established >> and the governments established
>> in the United States >> in the United States >> and in this state >> and in this state >> under the authority of the people >> under the authority of the people. >> So help me God. >> So help me God. I do further solemnly swear >> I do further solemnly swear >> that I will faithfully >> that I will faithfully >> and partially >> impartially
>> and justly >> and justly >> perform all the duties >> perform all the duties >> of a member of >> of a member of >> the Cranberry Township Zoning Board of Adjustment >> the Cranberry Township Zoning Board of Adjustment >> to the best of my ability. >> To the best of my ability. >> So help me God. >> So help me God.
>> Welcome aboard. There's new ones. >> Those two these two guys >> to swear in. >> We can we can do it later in the application also. We have >> we'll swear in. >> Yeah. We have for the for the >> I don't think I was sworn last night.
>> You're still under oath if you were sworn. >> Yeah. So, Robert's engineering at our last hearing on August 6, we had Jeff Brown. just on vacation. >> We have Kevin Brack also from Roberts Engineering here taking his place.
>> At the last meeting on August 6, the applicant we had Troy Bixler Troy can't make it tonight. John is you would raise your right hand. You swear the testimony about to give his truth.
>> Thank you very much. Thank you. All right. Thank you. Uh so before I begin just logistically I know we have some members of the zoning board present that were not here at the August meeting.
>> On the one hand I know they could listen to or read the transcript. I don't know whether anybody's done that but >> we also are essentially going to be covering the same ground in a much more efficient fashion. So, uh, dealing with
a couple variances and waiverss and the changes on the site. So, I'm also I leave it to the discretion of the board attorney, but I'm not sure that uh those who weren't at the last meeting will have missed anything. I think
you'll quickly catch up with the application and we will in in a very brief way be covering the full application just simply because we're revisiting some of the same items that have changed since August.
>> Four of them have listened to it that were out so should be. >> Perfect. All right. So my name is Frank Brennan. I'm an attorney here in Cranberry. We represent the applicant reality LLC. This is a involves a
property on 2661 Route 130 South in Cranberry. It has the Valene oil change facility on it. So you might know it as a Valine property. Uh we were originally uh appear before this board on August 6th
uh with this same application. During that meeting, there was some comments from the neighbors uh and we we adjourned. We carried the application to this meeting with the thought that we would meet with the neighbors, make sure
that we had their input, uh revise the application to see if we could reach some compromises with the neighbors, but also to incorporate some of the comments we had from the board's professionals. Between August 6th and today, we had met with the neighbors. We met with with
several neighboring property owners. This is to the west of the property, which is the rear of the property away from Route 13. These are residential neighbors on Silver's Lane and some streets back in that development. Uh we
met with them on October 14th. We walked the property. I was in attendance. John was in attendance. Uh Jeff Brown from the engineering company was in attendance. and the the we explained a lot of the changes we're making to the application
which are to incorporate some of the comments from the neighbors uh but also to incorporate comments from the board's professionals and the board itself. Um but most of the discussion at the meeting focused on ways that we can uh
buffer our property and our noise and our light and traffic from their properties which are residential. Uh there is already existing a buffer area which is an
easement area between the two properties and most of the neighbors the residential neighbors to the west have high fences six to 8 foot high fences and in fact they when you go above 60 in this zone you have to get a variance.
Apparently they obtained variances years ago to have a higher fence to shield themselves from from our use. the a lot of discussion at that meeting focused on possibly landscaping in the buffer area because we don't have
room on our property to put that landscape. As it turned out, uh that became quickly complicated. In short, the easement was created years ago and development was created. The residential neighbors don't
have a copy of that ement. it's not referenced in their deeds. We were not able to obtain a copy of the easement and so the easements benefit people. So somebody benefits from that probably the town, the county, the state of New Jersey. Uh and to get to make changes to
do anything in those easement areas, you need permission from the beneficiaries. That became difficult because we couldn't figure out who those beneficiaries were. Secondly, our client looked at how you would landscape and the cost of that and said, "Geez, I
don't want to plant plants and trees and have to maintain them in an area that I don't own and I'll don't control and I'm not ever going to be party to this easement that exists. So, I'm always always going to have to get permission
to go deal with that." We we pulled back after the meeting and we said, "What can we do on our property and the decision was made to install our own fence 8 ft high which requires a variance. It's 2 ft above what is
permitted in this zone and to install it on the entire length of the property. It'll be a proposal is to have a a 8 foot vinyl fence. Once you go from 6 to 8 ft, not only need a variance, it also gets very expensive. So, the total cost
for this fence approaches $60,000. It's about $57,000 installed. Our client understands that's the cost, but he but he the client also came to the conclusion that if you're going to try and buffer for sound, if you're
going to try and buffer for light, uh if you're going to try and buffer visually, the best way to do that is with a with a wall. So, we're building a wall. That's what we're proposing. uh variances under the law have to benefit the public or have some public
benefit and they should hurt the public if you can avoid it. Here this fence uh we believe helps everybody because it does all those things. It creates this buffer for noise and sound and like uh and our neighbors already have very high
fences. Several problems. Part: 2
change uh in any significant way since the original application. The only new waiver is that we're putting in a new trash enclosure on the north end of the property. Uh and we're not landscaping all four sides of it
because of the constraints there, but it's going to be have a fence around it and it's not really very visible to anybody. Uh in large part, what have we done since the last meeting? What changes have been made? The biggest change is proposed new things. The
second biggest change probably tied for the first biggest change is that there was to be parking along this access driveway at the western end of the property. That was when when we
went in 2024 and paved this area and paved this parking area which has been stone. We added strikes for park that was we didn't know it at the time but in 2007 resolution of approval from this board parking wasn't provisioned in this
lane. So we eliminated that parking will put up cash marks and no parking signs. The access area which is tight. It's not as wide as a two-lane driveway should be. This will be restricted to employees
only because this parking area that was stone was part of the approval in 20 2007. 2007 this was approved as a stone parking area and this was approved as a stone driveway. So those approvals have existed since 2007. What did we do? We
paid for those. That's that's what triggered us being before this board. We got issued a notice violation for paving them and putting parking here along the western drive. So, we're eliminating that parking. We're putting up those parking signs. We're putting up signs to make this employee parking only. And so,
essentially, even though we're here for two meetings, the the the change that triggers us being here is not that we created parking here. That was approved in 2007. It's that we paid that parking and it's not that we created this
driveway. That driveway was there part of the 2007 approval. It's we're here because we paid it without approval. We're certainly sorry that we did that. This is a very costly lesson. Uh but uh that's that's the nature of the beach.
That's where we are. Uh because we're here for site plan for that paving. There are other things that the board's professionals noticed that we've also changed for the better of the site, for the better input. Kevin
Brack will tackle that as part of his testimony. and I'll stop talking and have Kevin start testifying. >> Kevin, uh the >> Have you appeared before this board in the past? >> Yes, I have. >> Uh and in
one minute or less, give us your credentials and let's see if we'll get you approved as a expert. >> Uh I graduated from NGIT with bachelor of science and engineering. I a licensed professional with state New Jersey in good standing and I've been doing site
plans for four years prior was with Princeton Junction Engineering now last year with Robert accepts qualifications as an engineer in state Kevin uh the we've been before this board before
we've made a lot of changes since the August August sixth hearing. What I'd like you to do uh both verbally and with help of of the colored exhibit, we have a new exhibit which is A5. And if you could just let's just start by identifying what is
>> that is a color uh it's actually labeled zoning board exhibit. Uh it's actually a colorized version of the site plan >> and and that site plan's already part of this application and it's been marked as a prior exhibit. The difference is this
is now >> this and this is the current revised correct. Is this the revised? >> Yes, it is. >> We'll mark that as we have the original >> secretary. We have we had four exhibits
last week. So I had this >> you have a list there from your minutes. >> Oh, you're right. I'm sorry. >> No, I had to check myself. I thought we only have one too. >> I'm sure her notes are more accurate than >> most of the other exhibits for the
objective. Oh, yours are A1, A2, A3. That's fine. A >> they won't be confused. >> Okay. Uh so Kevin, if you would please walk us through the the various changes that have been made or information
that's been developed since the August 6 hearing. >> Okay. So for the storm water uh an 8 in pipe with a uh for the roof drain with an inlet has been installed on the west side of the uh
this building here and it travels onto the existing detention basin which has a infiltration trench running down it. So it it it enters at the top of that uh the basin right onto the infiltration basin
>> and and that that piping collects all the rain water from the roof. >> That's correct. >> Okay. >> That's correct. >> Uh parking. I probably stole your thunder, but if you could just explain the changes we made with parking. Uh, as he stated before, we eliminated the parking
along the river side of the west side of the building here. Now, it's hashed. Uh, no parking area. And we moved the existing stalls away from the building and they're now directed to the edge outside edge of this parking area with
four or five stalls. Again, as stated, this is going to be for employee parking only. And uh there'll be a sign out prior to you enter that cartway if you will uh stain just that way parking the uh the fence of course is changed
that >> I've mentioned the dumpster briefing but perhaps you can call that out on the plan you had a dumpster that was kind of free range that that did not have a proper landing place in the site and be taken care of >> and that would be right >> in the northwestern corner. That's
correct. And it'll also be screened. >> Okay. And maybe when you you can stand on the other side. I know I see some of our board members are trying to see what's going on. If you So, if you can just explain again where that dumpster is. >> It's right
parking spots. >> And the in the southern parking area, which has been paid, there's been some changes with landscaping. What do we We have some landscaping screening that's going to be >> uh I guess yeah
>> it's it's on >> oh here >> that >> yeah uh screening screening will be provided here on this >> traffic engineer had had some changes on
the plan to show traffic flow and circulation >> which we provided Very good. There was a comment made about curving uh that curving is generally required but we're asking for a waiver curving for for the paved
areas. Can you explain the basis for that? >> This this will this will maintain the current flow across the area without creating a different par. So it just allows a map without curving we have a
natural flow into grass areas and a flow towards correct uh the uh initially not only we do the paving at
the property we we trim back a lot of the trees that had been overhanging the building and overhanging the parking area and we know that the neighbors were not happy with that. We did obtain and it's part of our revised application
that's been submitted a a letter dated September 16, 2025 from Woody's Tree Service confirming that they did the tree trimming that they're qualified and that the trees remain healthy uh and they were trimmed in a healthy way.
There is no say by the way there is no law or ordinance in New Jersey that's wearing frame that says you can't trim trees that overhang your property whether you own them or not if they overhang your property you're allowed to trim them the
overhang areas uh these trim these trees we believe we own anyway we only trim the way home over our property and the requirement in cranberry with respect to tree trimming is you just you can trim your trees, you just can't trim them if
it leads to a unhealthy or dead tree. Um, so it's a little different than a tree removal ordinance. This is a tree trimming ordinance. Based on our letter from the tree service, we complied with that ordinance. There was also a comment at
the last meeting uh that there were some abandoned vehicles, vehicles that were not currently registered in New Jersey. They belong to a few tenants. they have been removed from the property. Defendants have been instructed they can't come back. Uh the
we made clear at the last uh hearing but we'll we'll reconfirm that although we did not uh seek permits for any work that we did with respect to the paving in the past tree did need a permit. We will absolutely if we're approved we
will get permits. as we go to the construction to get permits for the work that we already did and for the fence which requires a new permit. the uh other than that the looking through the board's
uh comments the board professional comments there was a comment about lighting and there is there is a a light at the rear of the building on the western property uh line
that was part of the 2007 approval that is a building mounted light that still exists. There is no lighting in the employee parking area. Uh and so our we don't have a lighting plan with us this evening. That comment was received in
past debates from the board's professionals. Our proposal is that if the board is inclined to grant an approval segment, we would work with the board's engineers for a to come up with a lighting plan for that. It is compliant with the township's ordinances
regarding lighting, which essentially are that they be downfacing shielded lights that don't impact the neighbors. the uh are there that's in terms of Kevin Brack's testimony. That's all we have. We have a
couple added items from John Bson from the owner and from Robert Putterman, the contractor, very brief comments and testimony, but we'll absolutely take questions to Kevin now or or later. We'll both
have questions for him. Okay, good. >> Mr. Brack the uh the PVC pipe that was installed the drainage in your estimation is that an appropriate size >> for roof for roof. Yes. >> Yes. For roof areas.
>> And from your ability to understand how it was installed was appropriate. >> I I would say yes. >> Okay. I think >> that's a question. Are you Did you put the dumpster on the black top or on the grass area? >> It's it's going to be on the black top. >> It's going to be on black top and then that's going to be enclosed. It's with
an existing stall within an existing stall. >> Uh the truck will be able to get it. >> Yes. Uh I'm not That's a good question. Do you know if it's roll out? >> The truck can get >> the truck and get it. >> Yeah. >> Okay. >> It's a roll out container. >> I don't know if it's roll out, but I know the truck can get it.
>> It's been Yes. >> Okay. Any other questions? >> Sure. Um it back to the um pipe that runs to a retention basin. Was that there previously?
>> Yeah, the detention basin's been there. >> Okay. >> Yes. >> Both were both. >> Oh, the pipe was there. >> They were both there >> from the previous and the on the south side before this was added on
the >> west side. I think I think the pipe became part of the discussion because it wasn't >> maybe after last meeting. >> Mr. Chairman, if I could add two
comments. >> Absolutely. >> Okay. They're not questions, but um I did re review the plan and I'm very happy that you found that pipe those pipes. Uh an 8 inch pipe is more than adequate for a roof roof drain. Usually they're uh a lot less than that, six inches, even sometimes four for
commercial buildings, usually six, but it also picks up some flow from the pavement because there's an inlet there. And so that extra two inches is going to handle that flow. I don't I have I have confidence it's not a problem. I was worried that there would be flow that would run off to the back to the
residential areas and I don't think that's going to happen. No, it's actually the break goes up from our line up to the residential area. >> Okay. Well, I'll say it again. I don't think it's gonna happen. >> Exactly. >> But uh the other thing is that uh they did add some landscaping around the
existing trash uh enclosure that's at the center of the site. Um they only added some landscaping. I think they should have more boards up to the board. I think it's only Kevin, you could you could tell me, but I think it was only one side who added landscape. >> That's correct. And I really think you
should do at least two more sides. >> I don't know. The trash enclosure on one side is it's pavement >> and then of course along the rear. So >> what's the enclosure made of? >> Uh it's a chain link with the slats.
>> So it does have slats. >> And how about the other side? >> Uh >> is that is it ground? >> Yes. So if you had to, you could add landscaping. >> No, only on the rear. Only on the rear
is so >> only on the rear. >> So it's only two sides that we can plant. Well, that means that it does mean that you still could add landscaping, but you have to take it. >> That's up to
[Music] it is in an area the landscaping the area of that dumpster enclosure that's landscaped is essentially what could be visible from the parking areas in and around.
uh probably not visible at all for the most part and and in this area nobody is walking by our building. So nobody the only people that are going to notice the landscaping or lack thereof would be visitors to the building.
>> We'll take our Mr. Chairman from from my letter those are the only two things that stand out stood out. Otherwise, um, you know, the rest of the things that they changed are in my letter and I don't really have any problems with the the plan only. You know, the board made
comments last week, so >> you guys have to square away those. >> Can I ask more? >> Uh, Mr. Hoder, just a question about that easement behind. I heard in the testimony from last meeting there it
tended to accumulate debris there. Whose responsibility is it if anybody here to clean that area out say of you know dirt or trash or whatever it >> well it's it would either be in the eastment and could double on this it
could either be an eastment deed or in the property owner who owns the property below the >> eastment but my guess is that if they can't find Mr. Burn said they can't find the uh the deeds from the eastment. So, it's got to be the property owner unless that
property owner can prove that it came from >> let's say this property that we're talking about tonight. And if that's the case, then this property owner should remove it. >> We don't know that. I mean, is there any testimony from the owner that maybe previously there was debris moved onto
the off the property onto the residential property? Uh there there I think there had been comments. >> No, the previous >> I don't know about the previous so I didn't represent it but clearly that's part of the reason for the fence is not simply noise and light pigment but there
was concern from residential neighbors about trespassers and trash either from our tenants or from the highway or whatever making its way into that buffer area. This 8 foot solid fence is going to stop the trash.
There's trash on our property. It's going to accumulate on our side of the property and be our deal. >> Okay. I I guess visually then you have the new fence and then there's x number of feet to some easement fence
there. Right. There's a there's an existing easement fence and then I guess property owners on the on their property have fences >> there's not an show one
>> there's a fence that goes through >> there's no landscaping buffer on our Yeah, hold on. >> I guess my the reason for my questions are if debris
ends up uh and in that easement, the gentleman uh at on the Meadow Brook wouldn't see it because now their white fence. >> But that's correct. covers it, right? They wouldn't see
that. Are you able to get to the easement property? >> Yes. >> Without adding a gate or something in your new fence? >> Okay. Okay. >> The north you go around it. >> Okay.
>> Question. um approvement to get those um parking space and then because you paid you got some kind of tickets for that >> notice violation issue by the
>> okay the solution was um you want to sign there no parking right >> yeah the violation really involved two issues one was that we we paved in the area without approval >> and we created parking on that back
driveway which had been prohibited is not promitted at all under the 2007 approval. We didn't know that. We didn't own the property in 2007. This this applicant, but is it the zoning officer knew it and and said not only you didn't
get site plan approval for that parking, but there's a resolution of approval that actually spelled out you can't have that parking unless you come back. >> And you put there, right? >> We did. And that's that was the area
right here on this drive. We've now taken away that parking. >> Okay. The only way you do that is put a sign that has no >> and we have put hash marks down on the property on the >> we will
striping looks like so if you go let's say you go into a supermarket and you see like a fire has the >> yellow stripes. >> The yellow stripes. Yeah, yellow stretch sign. >> Is it possible to uh revert back to some
landscaping since you don't have enough landscaping? >> It was never landscaping with stone. Uh to answer your question is that we're we're actually we don't have quite enough cart for access to the to the rear as it stands now. So if we took
away some for landscaping that would reduce it and so the circulation would be interrupted there. At least if we have if it happen two cars come by at least that one can pull off to the side and come through in this situation. But if we eliminate that then
you're going it's just going to be able to do that. >> Okay. Another question. Were trimming the tree too much will bother your neighbors to get old noise or more? >> The that was their concern uh that that
it did the these trees uh I think they're scotch pines and even though we trimmed them on our property they were overhanging and dropping a lot of needles onto the roof and onto the pavement. Uh the if you look these same trees exist within the buffer area and
if you look there they they tend to lose a lot of their living branches and needle bearing branches on the lower halves as they get taller. So, we trimmed them. Uh, but the natural condition of trees that we didn't touch,
they don't look very different than what we trim because these these kind of pines just lose their lower their lower branches and their lower growth. >> Mr. Brown, I got one question. So, the fence that goes the white vinyl fence goes down the left side, south side goes
to a wooden fence. But who owns the property from the wooden fence to your vinyl fence? >> So I'm showing here on some land like who is that town's property? >> This property here.
>> Yeah. >> Yeah. So that's the buffer area which we understand to be part of the residential neighbor property but it's they own the real estate and it's subject to this the
buffer requirements. Okay. Any more questions? >> Okay. So, the last two witnesses we have, we have John Benson who has been sworn in. Uh, and John, you work for the the Middle Brook
really? I do. >> Uh, and you're familiar with this property, correct? >> Yes. As part of this application, there there was uh some interest in understanding who the tenants were at the property uh
and what portions of the building were occupied by those tenants. Uh as part of our submission to this board, our resubmission with additional materials, we submitted a schedule of those tenants and their
operations and plan that showed the location of where those tenants were within the building. Uh and that uh was part of our submission dated October 23rd, 2025.
It included uh all the information the board was interested in the tenant list uh and as I understand it you got four tenants Grace Biomedics Alligator on the lights advanced industrial group and GMC Precision Machine
in the building that's on the left side the building on the right side facing up the highway is the building. This will be the rental building right here and then this is the value. Okay. Uh so that's part of the
submission. They all have various number of employees. Uh the floor plan has been provided. Their hours of operation are all essentially 8 to 5 9 to 4 uh in that area. Their Monday through Friday operations uh
generally not on the weekend. [Music] In addition to that, John, uh there was some questions about whether there's any loading docks to the building. That is the rental building. There are no loading docks in the rental building. Uh
and there was questions about the types of vehicles that make deliveries to the rental building. And you got some information about that. Deliveries to the rental building are your normal UPS FedEx delivery boxes that come. Um, one
of the tenants, Grace Biomedics, does have sprinter vans that they use, but those are the largest basically things that come in unless there's a tractor trailer or something that has a skid that needs to get dropped off. Um, with that being said though, um,
Alligator Auto is generally the the only one that really has stopped coming back and forth a lot. U sales group and at the southern parking area, the area that got paid by the rental
building, there's no loading back there as you said. Um, do they unload or load vehicles in that area? No. And that's the area of the employee park. Correct. That's all the questions I have for John. Again, happy to hear
questions from the board. >> Any questions? >> One question. >> Um, have you had an increase in the in the among your tenants? How has their employee base grown over the past?
>> To tell you the truth, uh, as far as the tenants go, not on the valid side, right? >> Um, as far as the tenants go, the employee base, I would tell you has grown with advanced industrial coming on back in 2024. Um, because they're looking to expand
their their operations basically. Um, realistically, Alligator went down from previously. There used to be a detail center in there. So, there used to be eight guys in there. Now, it's gone down to two basically employees. Um, the rest of the sites really haven't changed
whatsoever. Um, the rest of them have stayed the same. GMC has been there for a long time. Um, they have a couple employees that work there and it's usually only two of them out of the three or one of them out of three that's there. Um, so the rest of the sites really have stayed pretty much the same
as far as number of >> and it looks like advance might be seeking to grow even more. Is that right? So they have room for >> that's what it looks like. Yeah. Um, you know, I'm not in your business so I can't tell you the ins and outs of of all that, but yes, that's what that's
what they've been working. >> Yeah, it does affect the parking the request for more parking. So I understand the you know it's coming from your own >> right exactly >> yeah in this location is as you might
expect there is whatever if there's parking needs of the tenant or its employees and visitors and so forth it has to be satisfied on site there is no uh there is no on street parking on 130 there is no neighboring public parking
lot so what our tenants Whatever the requirements are, we have to satisfy within reasons of the ordinance and their uses and their occupations and the number of employees are all all within the ordinance. So that's that's given that demand that
that in 2007 had us putting the parking area at the southern end of the building. So that's the justification for it. It was the justification in 2007. Any other questions for John? >> John, could you spell your name for the
board secretary? Last name. >> Sure. D E D S O A with an H for John. >> All right. Our last witness is Robert. Robert, you are tell what your business is and what your relationship is for the site.
>> I'm a contractor um New Jersey. Uh and I know the site very well. I've been working the owners met Brooky for the last 12 years in various projects in the tri-state area. The I have two questions for you. Uh you heard some discussion
this evening about landscaping in front of the fence. You've looked at that and And uh what's your opinion about the ability to have landscaping in front of that fence? >> In front of the fence, I spoke with a larger contractor who only does um
landscaping due to the sunlight and lack of water um that it would not likely survive. And is there much space there to put landscape due to the they said the uh the roots would not be would be too
shallow. which says by the water. Uh the second question is what's the cost of this fence? Fence is almost $60,000 was $57,500 I believe for fencing contractor.
It's much more course you have to put aluminum post in there instead of the 8 foot height. It' be a lot cheaper. Much cheaper. Okay. No, that's >> that's all the questions I have for you, Robert. Again, board members and
professionals. >> What's the P U T R that for the second our application? Happy to answer
questions myself or the witnesses we have here. Any questions from the board? >> Just one quick question. Um, so I know that you have four different tenants in the space. Um, what does it look like in terms of how many customers are coming
to these to the space and parking? >> Yeah, John, do do these customers are any of these retail locations? These are not retail locations. Um, GMC Machine Shop send stuff out. Water lights send stuff out. None of them have like a
customer flow coming into the area. Unless it's your, you know, random one off kind of deal that might be coming to do a meeting of some sort, but it's not like you have people coming in all the time in a retail store. Okay, I guess we'll open public comment.
Okay, we're going to open public comment at this time. Come up. State your name and your address. >> Good evening. My name is Phil Frankie. I live at 14 Silver Lane in Cranberry and uh my property is immediately
adjacent to theirs. So he thinks 130 I think. So my backyard is okay. I have a picture here. Uh this is all
see it. This one is my property. Okay. My neighbor who is here. That's his house over here. And other neighbor is there. [Music] to mark that in.
>> Uh, yes, we'll mark that as exhibit 03. Okay. It's it's dated because I also have some pictures. >> I think we already have three from last. >> Well, the applicants exhibits are
designated as A for applicants one, two, and three. Whenever someone is a quote unquote objector, we mark those O-12 and three. >> Yeah, we have an 03 from last time. >> 04 >> 05
>> 05. >> I know there was photographs. >> Um, it shows three houses, 14, and 16. And it's analog [Music]
and I also have my survey because the site plan here in my uh opinion compared to my survey it doesn't represent the property lines proper.
You can see where the the line here. So this this is their property. Okay. And was a previous owner and this is the the property that's for sale over there. So they >> have to give this to the engineer. >> Yeah.
Let me see if I can see anything. I am [Music] 26 29 29. >> So we got we got this. If I can go through it verbally as every so everybody can listen you can tell me if
I'm right or wrong. Okay. So first of all there's a property line. It's straight. Both lines are straight. So that's one match. Not that that means anything. There is an easement or a it's actually called a 60 foot wide landscape
buffer and swale easement on the site plan. And on your plan, it's called the 60 foot wide landscape buffer and swale basement. Also 60 foot wide. Oh, I'm sorry. Uh, >> yes. >> Okay. Well, it almost looks like 50 to
me on yours. You guys magnifying glass. >> It was poorly printed. Okay. So, there is an easement andor buffer there. Um, which you said is not in your It's not Somebody said it's not in the >> It's that That is correct. I have the with me.
>> Yeah. Because is it a landscape buffer and a swell or is it a landscape buffer and >> well often times it's two separate bottom maps are made by engineers or surveyors they'll put it on the map and it'll just never get into the filing but that
doesn't mean it's not have a little bit of force of law I would think it would right right you know it would have to be respected in terms of those original approvals and that original resolution >> and the swellies but maybe in front of the landscape See that doesn't say anything really. It
doesn't say. >> Okay. So, um you know what? >> So, um there is a fence that says 6 foot high wood fence might be 8 foot because of my eyes. >> Correct.
>> Yeah. >> Yeah. And and then there's an 8 foot fence. They appear to be generally in the same place. Sort of like maybe just a little offset from the center line of that easement slash. Correct. Okay. So,
I don't see how your um the only difference that I see in your vers your survey versus theirs is that there's a line that indicates the the line between lot 66 and the subject
property that appears to be more um south. >> Yeah, >> this one here. See, that's correct. >> Versus up here, your on the on on their map being the subject property map, it's way north on your property here. It's
it's almost like it's it's almost in the middle. It's like 60% from one side. >> So, um I don't know if I understand why except for that one thing. Uh it appears that they seem to match. Now, I can't tell
you whether or not they match East West because you'd have to get out there and actually survey, >> right? >> But it appears they do. >> So, Frank, what was your question? >> Yeah. So, what was your question? >> What was your question? >> You said it didn't didn't seem to match. >> Well, it depends on where you go to
terminate this proposed fence. >> Well, that's correct. Okay. And how much how much land is not fenced? Well, they only >> Yeah. Yeah. They can only fence up to their property. They can't go on somebody else's.
>> So, it's kind of a >> It might It might further north, right? You want it further north. >> If he wants it further north, I don't see how because it's not the property. >> Is that what you're asking, Frank?
>> The further north, right? >> I mean, Mr. Mr. Cranky can add that extra little bit of fence, but um if their property is correct, it's not that long. It's only like 10 feet or something. But if yours is correct, it's more like I don't know. Uh what's the
width of your property? 170. >> It's about 60 ft. >> Yeah, it might be 60 ft. So that could be an expense money. >> Yes. >> But I don't I don't I don't see how the board can make them put a fence in on somebody else's property. >> No, I'm not asking that. I understand
that it's an issue. Yeah, it is. Well, I understand, but but I'm not sure it can be solved here. >> Well, it can be solved because there there are other options other than a fence, >> but they can't. This applicant can't can't do things on somebody else's property.
>> Well, they could do it on their own property. >> They could, but they are they're putting the fence in. >> Well, on their own. >> They could put trees in because it's a landscape buffer. Uh but then that would be on your side. >> No, let me speak because they are joining each other. So another way to
separate property if if you go around all the parameters. >> You're I don't mean to argue, but you're absolutely right. But the board has to decide how much buffers are going to need based on your testimony and their that's how it's going to work. >> Well, I don't see how the board can decide how much buffer when it's all my
buffer. I pay taxes on the buffer, right? >> I have like $100,000 invested in that buffer. I understand. >> So I have no sympathy. >> Fully understand. >> Okay. >> Yeah. >> I am not causing the nuisance.
>> You are not. But I don't I mean and you can back me up or not, but I don't think this board can make u make the applicant put something on somebody else's property. What I want some
trees on their property is none of us suggested that they put trees on my property, >> but you'll never see them behind the fence. >> We say instead of a fence, put up trees. >> You want You want trees instead of the
fence? >> You could do. >> This guy would save $60,000 if you wanted that. >> I I don't want the $60,000. No, I'm saying he would say you want trees or you want a fence. What would you prefer? >> Well, I think that's what we're here to discuss because they don't have a chance
to do that. >> Mr. I think that the land that's there is only about seven or eight feet wide between let's say that pipe and and and your your property lines. You can't really put you can't put stuff on the pipe because then the the roots will
grow into the pipe and it'll become a real problem. So, you'd have to put it between the pipe and your property. That's about seven or eight feet. Does that sound right? >> Yeah. >> Yeah. >> Which means you don't be a single row of of evergreens or something.
>> Tell me I'm wrong. But I think the fence would be better for you >> because it's going to be stronger and it's it's a barrier. >> Barrier what? >> Yeah. trespassers. >> Could grow higher. >> They could.
>> Okay. And there are security lights. There's going to be parking lights. There's lights and things like that that you know, we don't know. >> But you can't put much of a tree in six six or eight feet. It's just not going to survive. >> But I'll stop. If if if you
>> go around in the neighborhood right next to the property we're discussing and you look at the uh the homes that were put in over there, the apartments or whatever they are court. Yeah. >> So you can look and you can see that
there are fences and they are landscaped >> on the on the owner side >> on on the side of Albert Court itself. I don't know what's on the other side. I haven't gone up here. Yeah, >> I'm just saying that it's possible >> to to do that.
>> Okay, as an option. I didn't say I definitely want that. >> I think we have to consider this because I didn't realize that the fence would permanate only about halfway on my property. So, when I go to sell my property, well, yeah, we have a fence here, but it looks stupid, right? I have
a long fence and then there's a little fence, right? >> Yeah. But like our engineer saying they can't put a fence on somebody else's property. >> Well, I understand that. But I can plant trees
to extend it their trees on my own property. If I wanted to. >> You could. >> Yeah. >> At your expense. >> I understand. >> Yeah. >> I already put $100,000 in there.
>> So So you know it's good. So, it's an option. I didn't say I wanted that. I hear what my neighbor wants. Okay. And then we'll see where we go from there. But I but I wanted to to bring that to your attention.
>> So, I didn't I want to go through the history of that property. I didn't want to do that. I thought we did it last time, but I have.7.97 of an acre. It's 25% devoted to the landscape buffer. I have about $100,000 invested in fence, landscaping, uh 30
trees that I purchased and planted. Uh my land value is uh I think it's assessed at $288,000 and it's 25% of my property. So I have about another $72,000 worth of land that I don't use. I can't use because it's in this
landscape buffer and swale easement. Um, so about a year ago, I heard chainsaws, heavy equipment. Investigators, spoke to the supervisor and he told me they were cutting back trees to allow for more parking and digging a trench to install
a sewer line to carry water away from the parking area to detention area. So, we know all that. When digging the trench, they removed some trees and underbrush on my property where the trench was. Now if we have to go back in history
when they were getting approval here to build the oil well we came and said okay let's have a burn and a buffer at the rear of the property. >> What year was this?
>> Oh probably 2007 2006 2005 I can't take I go back look at my papers. >> All right. >> Okay. >> Yeah. and the board gave him a variance that said, "No, you don't have to do that."
Okay. So, so we have a problem created then. And if you go all around Granberry, our six houses are the only houses that border on commercial property.
So, I've driven around. I've looked. I don't know. I may be wrong. But I think I'm right. No, I know a couple other ones commercial properties on
the handicap. Um the Monroe Medical Cranberry Green >> Cranberry Green. There's a few. >> There's a few people. >> Yeah. Licky Drive. like he uh >> are they landscape? >> Uh just pine trees. Nothing. The
neighbors uh I guess don't complain. They did actually come before board for that. Somebody did cut the trees. >> One came for the fence. >> Yes. Yes. So they their people in the greens wanted a fence so they they put a fence up there but you know but there
was a buffer zone there. >> Why did you give one fence adjacent the other within 30 feet you have two fences? I I see that on the plan. I still don't understand that. >> I don't. >> So So that sort of line I'm proposing. Well, maybe maybe a line of trees would
be better than two fences, which would look kind of >> Who put the other fence up? >> Who put the other fence up? It was whoever here in Cranberry proved that development. That was years ago. that that the whole
thing is is mandated that I have to have a fence. It wasn't it wasn't an option. It wasn't I put the fence up. That fence was there. Harding Homes, I believe, was the name of the developer that put it in. They put a BM in. They put a fence in and they put some landscaping in.
And we were never told that we couldn't plant trees or this was uh special or anything else. There was there was there's nothing in our deeds. There's nothing in anything that that tells us something. >> Mr. Could could they rip the fence out or like does he have to keep that fence
there? >> I have no idea. There's no way. There's no way in knowing without reading a maybe reading the resolution from the original approval of the subdivision, which Gina could probably never find. That's wonderful.
>> And you know, I'm not saying I want to rip the fence out because then you got a BM and so it looks kind of stupid to have a 4ft BM, you know, and I mean, yes, I could take, you know, the trees are there and yes, I could take the fence down, but but that
that isn't the benefit. The benefit of me thinking that maybe they could put trees up is because of of the lighting and other things. I know if I could, you know, do much for noise, but >> yeah, >> it would look more inviting rather than a wooden fence and
a plastic fence. >> Yeah. How about a different color fence? Color >> red. >> No, I mean like green or some way camouflage the white fence in the back. I I don't know. Yeah.
>> So, what Mr. Frank here is saying is um he doesn't want to see the two fences. >> Makes sense. >> You understand? That's what he's saying. He has the one fence who's they don't I guess it's the the um I I don't know whose fence it is. I guess it's your fence.
>> It's on your property. His fence is higher though. >> The same height. >> Oh, >> my fence is 8 ft. >> I got a variance. I came here. I went through the whole process. >> Okay. Three meetings noticing all the
neighbors and everything else and nobody can see the fence because I landscaped both sides of it. So, so I I don't think that's the issue. The issue is now we presented a new problem and I'm trying to think that
there this fence will terminate and it will look stupid that that half my yard over there has a fence in it and the rest of it's open and why if if their property ends before your property line ends they cannot
build a fence on somebody else's property I understand that >> so it can look stupid but that's the natural way of doing fence That's the truth. Correct. >> No, no, I'm not asking you to do that. I'm just saying that possibly trees
that I could plant on my property just on the other side. So, it looks like it's continuous to put trees on your property. You can put >> Nobody Nobody's stopping me, but I'm I'm have tree trees over there and I'm still going to have a fence that stops. So you
you have a fence that has no terminus. It has no direction. It's like like then I'm explaining to people, well, yes, I didn't run out of money when I put that up. >> No, no, no. It's
A couple questions. >> Go ahead. >> Mr. Frank. >> Yes, sir. >> The uh when you purchased your property. >> Yes. >> Yes. >> And the fence, the wood fence on your
property that was that existing when you purchased it? >> It was part of the development. Yes. >> Okay. >> The area on the eastern side that's towards our applicant property. Do you
you have guests back there? Do you have a patio? Do you is it is it a property the area of the property that you use on a daily basis? >> The stuff that's in in the landscape buffer, >> right? >> No, you can't you can't do anything in there.
>> And and so in order to get into that buffer, you would have to do a gate on your property, I guess. >> Yes. Okay. >> Wherever they the the town was.
>> Okay. So, I understand your concern that if you went behind your six foot fence into the buffer area and you saw our new 8ft fence, it would look a little inongruous because it doesn't continue down on your property because we don't know that. >> Correct. >> Correct.
>> Correct. But am I also understanding that that buffer area is not something that you really use or can use. It's blocked by your fence and it's not not a place where you spend your daily living at your property.
>> Yeah. Is that fair? Yes. Okay. That's the only question. >> And how far is the buffer from your home? How far is the 100 ft? 150 ft? >> It's about 100 ft. But the light and the noise etc that
comes from from there you know I can hear you know that the bell that when you run over it at a gas station or whatever you go see >> yeah I can hear all that and everything else so it's got like you know and there are lights there are security lights
that fly >> what year did you move in? >> 30 years ago. >> Were they there before you? No. >> No. Matter of fact, the the oil ball wasn't there. It was a little building >> and and the other building was only a
one-story building. So, it was turned into a two-story building because he had a fire there, >> but there was a property. It was a commercial use when you purchased it. Different commercial. >> Yes. Yeah. I mean, that's what I was saying. It was commercial.
>> Sort of know what he bought into that being there. All right. How about we hear from some other presidents and then we'll come back and uh do you have any other concerns? >> Well, um
>> no. I think I think we we covered most of the things here on Mr. President. Can we have that survey for the file? >> Oh, yeah. I have lots of [Music] All right. So, did you testify?
>> I did not testify last night. So, I think I'm still good to go. >> My name is Matt Del Prior. I'm Bill's neighbor. Everybody's neighbor, actually, and we're all >> together with each other. Um, I had a couple questions and responses. Additionally, I have another handout up
this time, so we'll try and make it brief. My version of survey does say 50 foot, and if you have a problem with it, you can pick it up with the guy who did it. Um, but so I had a couple questions based on Mr. Brennan's testimony and the
other testimonies. Um, they stated that the southern parking lot is only going to be for employees. Are they planning on taking out the signage that instructs people to go around that way for the machine shop? Now, >> do you want me to answer as you >> I guess we can do that.
>> Come on, Frank. >> It says for machine shop. So, I was just >> Yeah, that that signage will be removed and signage will be put up driveway >> at the western property. This will be a sign out here.
>> Employees only. >> That makes sense. It'll be marked the employees will be notified. >> Okay. Right. >> Um now Mr. Brennan also stated that there were no ordinances of overp pruning. Um one of the earlier zoning board
resolutions did instruct the owners not to modify that tree line. That was from I think the 2007 one. We talked about debris and who how the debris got there and that was in my earlier presentation. I think is
>> Yeah. >> Yeah. As long as you don't walk around, you can just stay there. >> Yeah, you can just put it back. Thank you. >> Do you have the the um ordinance from uh 2007 by any chance? >> I have a copies at home. I don't have it with me. >> Um the debris from the tree trimming,
you know, the wood chips were shot across. Um and then Mr. Ren also stated that the tree had a only a few limbs in coverage that were providing a buffer. Um, in my earlier presentation, I had a side by
side of before and after. I also have an enlargement of that which you kind of I mean, you can see here, this was prior to the trimming. Here is after the trimming. You can see where it went up and pretty much clean cut the trees.
>> Yeah. You want that? 07. >> Yeah. >> And actually, I'm gonna I have another presentation for you. >> Mr. 2007 resolution.
>> I reviewed it quickly. We obtain public this as >> Excuse me, sir. >> Yes. Is it your opinion that This tree trimming was done not on his property.
>> No, no, no. The tree trimming. So, the trees are boundary trees. They kind of exist on both properties. So, there's cap iron pins and actually if you go to the first page of the actually skip
ahead a little bit. Um this morning I went out and the expediency of taking a pink ribbon and tying it between the two capped iron pins and you can kind of see where the trees are. Some of them are on our side, some of them boundary line run straight
through. Some of them are completely on the other side. >> Years of growth, too, right from when they st. So it's >> Yeah, exactly. So they've kind of expanded a little bit. >> Yeah. >> Um so actually and so go in order a little bit. We'll get back
to that. So, just to recap the timeline, we were here in August. On September 26th, we heard the chainsaws again. So, I went out back to look. There were two guys uh who were hired to clear out the vegetation in the buffer area, but they
noticed the steak that was at the cap iron pin and stopped because they were confused. So, that got cleared up um on October 5th 14th. That's wrong in my thing. Uh we did meet with for Hankton the Vald and Melbrook representatives. So that was good. We discussed just like
you said and then on November 3rd we got the letter that you guys got on October 23rd and that's where we're going to start I think with my response to that letter. >> Okay. >> Um so there's a couple things that I have some issue with. Uh the parking
spaces and it's just a tensing issue. He does say the plan will be changed, but some things in that section say have been, some of them say will be. Um, so they haven't, none of this has been done yet. The three proposed signs, given that they're on the area that's covered
by the roots, we're just worried that those trees will be further or not mistreated. Um, and the parking's still in use. There's still trucks parked there. Now for the fence item. Now we currently have this installed not
on the border of the buffer area but I think we can spot at the apex of our burm. So the burm you can actually see it here runs straight through the middle of the buffer area. It's not at the border. And then again the fence that they're
proposing is on lower ground than our fence. So, not actually understanding what it what it would do. Um, given that the sight lines go up anyway, our fence is higher, might block some light, but not much. Um, and again, the issue that
we brought up last time again is the lack of vegetation. So, we talked about the tree trimming. Um, so they included a letter from Mr. Wajjinski as part of that letter on the 23rd. I have a couple issues with the letter that Mr. Winsky
submitted. So number one, uh he stated that all work was completed in accordance with ANC A300 tree trimming standards. However, the ANC A300 tree trimming standards state that not more than 25% of the foliage should be removed within an annual growing season.
Um we see in the pictures that those trees were brought up 50 feet, clearly more than 25%. Um again he also states following the completion of one day of full trimming the trees appeared healthy and the overall risk of damage to them was significantly reduced. However he is not
licensed to give that statement. He is a tree care operator not a tree care expert and the New Jersey ordinances and statutes clearly state that risk management is a domain of the tree care experts not an operator. >> Um I just answer one question.
>> Yeah. What's what the tree picture here? So this is from 2021. >> Yep. >> 2025. >> Yes. >> So you see how high the trees are. Probably when they cut them low, you're you're probably taking out a whole branch. >> So what? >> Yeah. I mean,
>> like how would he really trim a tree to try to keep it like you could see where it cut five years later, four years later? So when you would cut it low, it's probably all the way up. You can't cut it in the middle because then it's probably just die. So, I think that's probably why in his defense, I'm just
saying I think that's why the trees I could see what you're actually saying. You do lose a lot, but that's most likely that's what happened there. >> Or I mean, they took all the branches off straight to the >> 50. There's better pictures. That's the
Google Street View image. >> Yeah. >> Um there's other ones as well that show that >> that were included in the earlier one. And I have enlargements if anyone has questions. Oh, >> next. Um, so when we left the meeting on
October 14th, we we had talked about the fence, we kind of had said and Bill and I had different objections and you can see even from the we have different issues. So for us, the pavement goes up almost to our property line. There is a little bit more grain
between property line and the pavement. Um, but >> we talked about the fence. We had talked about the landscaping. We didn't really see where they would put the fence. And that's really what I'm talking about in item four. Um given that the fence runs or the property line runs literally
through the trees and the new plan shows the fence directly on the property line, I'm not really sure how that works. >> They'll probably most likely be a foot or two off the property line. >> Right. I mean, so >> towards their property. Yes. Yes.
>> To the east. So to the east of the trees, keeping the trees on the outside of >> Yes. >> Okay. >> That's how mine is in my backyard. >> Yeah. So that's what I'm wondering though because the the new plan shows it right up against the line
on the east side of the existing picture. a couple areas where they're actually have to jur out to accommodate trees that are not perfectly on this property. >> Okay. >> Sure. >> All right.
>> But that really doesn't take care of the last item, which is the light pollution that's coming from the property. Um, if you look that first picture, that is not the moon coming up. That is the lights coming off of the building there. Um,
and it's over our 8 foot fence, which would be well higher than the fence that is on lower ground. >> When was this taped? >> Uh, right after we left the meeting last. Um, and then so also the earlier resol resolutions from the zoning board stated
that the I didn't include a picture last time. It was in my presentation that the windows on the back of the building were supposed to be painted over. Um, but that also contributes to light. You can see the windows on the back of the building that face our property are quite bright. Um, and again,
so those were some of the issues that we currently have. Um, >> this light we should be able to answer pretty easy. What what's going on with that? >> Yeah, let me address the lighting. So, building light appears to be in this picture.
It's very possible there don't go. It's very possible that it's not a down facing shield. >> Yeah, something's wrong. Actually, if you look at the the larger image from the Google Street View, you can actually see the series of lights that are on the top of the condition.
We have said that this area and the southern parking area will have a lighting plan submitted in accordance with regulations for satisfaction or that would include that light in that area. >> Yeah, there's something wrong with that.
I would be mad too. And we will absolutely there's no question ordinance 2007 ordinance required over not done and we will take care of that. >> Sure. >> So um the other question you said what
your their um signs for the for their poles for the signs would kill the trees. Well, I mean, so they're going to put the fences if the fence is right against the roots of the trees and the signs have to go there and the trees are already they paved over the root system
of the trees which had gravel and dirt over it before whether or not it's considered as impervious to, you know, the calculation of the impervious surface area. Water was still getting through that.
>> Yeah. Um, so I mean everything that's been going on will just further affect those trees. >> Can you put the signs on the fence? >> Yeah, that's a good idea. >> That was an easy one. >> That's good.
>> We're gonna pass that tonight. >> We're gonna take care of that tonight. We want to make sure that you guys leave happy and that's >> still though there was one other item and it's just a a rehash of something that I brought up the last time and I know Frank said it was pro sorry Mr.
Brendon said it was pro- forarma, but the blanket uh ordinance or part of their variance application that stated u seeks relief from all other sections of land development ordinance for the council primary which the conditions or
uses currently existing at the property do not perform. Um that's still a concern of mine in the way that it's worded in that if we miss something it's now kind of included in the variance application. I'll address >> attorney probably
>> it is a it is a kind of a standard request for relief. It's the safety net that which happens that when our professionals look at the application and they say you know what we think we need two variants one for fence height
and one for landing in front of the fence and and in fact maybe we needed three variants and maybe we asked for two design waiverss for that fence but there was a third one we missed because you can't have a white fence you need to have a beige fence and we want a white
fence and maybe we missed that. So the catch all says if we miss something and we put it in our legal notice uh and it fits in with it's clear what our relief was anyway. We were always talking about a white fence uh then because we didn't
call it out in the notice we catch it here. It does not allow us uh to come back later and say, you know what, we're going to paint the fence pink and we're covered by the catch all because we we had that catch all in there and we can
now just retroactively make stuff up. If we miss something and it got pulled out of this meeting that that boiler plate catches it. If I didn't have that boiler pipe, then they might ask you to renotice the meeting to include the
missed item. Is that a fair statement? It's not a blank check. In other words, if we came in tonight and we discussed something else that came up that needed a variance, we could address it. But it's not just a general you can do anything you want
because you got a variance relief and you put that catch all in there. So it had to be something that's part of our record and tonight I don't think anything has come up that was not noticed. So I think we're fine. Okay. >> Are you aware of any previous tree
trimming along that those trees prior to this particular >> No. That was that was it. I mean, we got they all thought I mean, we got texts from both sides. Hey, you know what's going on? I actually wasn't home that
day. Um, I came home later just for wood chips. They were uh chipping up everything that they >> um so yeah, it was already >> But as long as you've lived there, those trees have not been >> not those trees. The trees on our side
have been trimmed. um two and uh to allow more bounce in the the limbs to try and because to Mr. Bren's point there are gaps in those trees. So in order to try and relieve some of the weight at the end and have more
>> Yeah. I mean they get too high around businesses and houses and you got to you don't want to trim them but you know you have >> trees. So there's actually three lines of trees. There's the line that is all the way at the edge which we're talking about. There's a middle line which to be
honest are just >> those big trees. >> They're they're just trunks at the moment. They have a canopy all the way to the top, but the trees on the outside on both sides really took away from the middle ones. And then there's trees on the other side of the fence on our side
that created some buffer. And it was really the combination of these three that prevented us from seeing things like that light being out of alignment. Yeah. and things like that or being able to see the valine sign that's out on 130 um which is bright enough to be seen
through the fence as well. >> Yeah. I mean, if that light was shining in my house, I would have called the code of abortion already. >> You guys fixed that up and uh All right. So, we could address these issues, but you know, >> so I think those are the big issues. Mostly the plan shows the fence of the
line. Can't really know what the fence is going to do given that we already have a fence that's also has a burm underneath it. Um, >> yeah. I don't know what is there anything you could do. Nothing really, right? That's lower than yours. I'm not sure about that. >> I don't think we can make this applicant
put vegetation over over the property line. >> Yeah. >> Um I don't think there's enough room to put any substantial trees that would really do any good for you to um between that, you know, that 8 foot piece or six foot area. So a fence is probably the
best alternative. So I mean there was a fence 8 ft then a fence. >> See it's more like 25. >> Yeah. Whatever it is. >> No fine. >> You're fine. Um also though I mean so as
we talked about the last time the overp pruning wasn't a zoning issue but does seem to be in violation of other cranberry ordinances which prevent the overp pruning of trees. um and have stipulations for planting new vegetation when that when that ordinance viable.
>> Mr. Chairman, if we do approve this, we can put in the resolution that any trees that die um have to be replaced in kind. Um >> what's the time frame on that? >> I'm just 10 years five years or
something reasonable. five years that would be >> okay. >> And if that were a condition of a pool, you would replace them with similar >> if they died. >> We don't know if you did enough damage
to kill them again, >> right? >> And it may never or it may similar trees of the size that would survive being >> Yeah. in accordance with the uh what did you
say? In accordance with officer and cab have contact with them, too. >> Uh I now have his business card. I have Frank's business card. So, we have some contact now. >> Yeah. >> All right. >> How high is your fence? >> Our fence is 8 feet on top of the BM.
>> So, that's 12t or 14t >> essentially. Yes. So, >> so there's going to be lower >> uh garbage trespassing. >> Um >> some noise. >> Yeah, noise.
>> If you have a question, I can enter one. >> It shows at least um >> on the left side it shows how the land slopes up towards where our fence is. >> And the chain, correct? >> No, ours is a 100% coverage slat fence.
Although it's old and now >> is that the wooden one and number four? >> What's that? >> Is that your fence here? Number four. The wooden one. >> The wood one is our fence. Yeah. >> Yeah. So you are I see how you're saying you're higher than the fence already.
>> Yeah. >> Well, they're trying to be good neighbor, I guess. >> They're trying to propose a solution. >> Yeah. Um, >> so I guess they're proposing beyond the >> tree comments.
The applicant still wants to put up a fence, but perhaps so that the fence could be up to 8 ft height, but it could be a minimum six just to give the applicability given the cost. the big cost. We were we really thought coming
into this meeting that 8 foot was better than six foot and we pay the extra money. So that flexibility would be helpful in the future. >> Well, eight foot is better for sound. I guess you lose more sound, you know. I mean, I
know what you're saying. >> I mean, we talked about that at the October 14th meeting as well. Um and I think at that one we actually had talked about it running as I said and I Mr. Frankie and I have different concerns mine is the light and sound his as he
talked about the last meeting a lot of it while he still has the same concerns is people walking the fence stop. So, one of the things, one of the ideas that we had tossed around was running that fence up to the dumpster um and then
stopping because that would alleviate some of the issues that Bill had. But dumpster, the yellow square, >> but if they're running it full length, yeah, I mean, it's still >> I was going to say the lighting, they're definitely going to fix the lighting.
That's a no-brainer. That's >> never realized before those trees. >> Yeah. >> I'm sure it was a miscommunication with that. They couldn't probably see that. There had to be some reason for that. I would have actually went around told them. >> You know, sometimes you don't want it. But yes, sir.
>> Mr. Chairman, one one comment I can make is currently at you put in the resolution that any and all uh um requirements from any previous resolutions shall remain in force
>> because that could that could help them coming back to the zonal officer at a later time, right? I mean that might be pretty open but but you know what this board or another said fine but I think Liz points out there was put stakes in the back
>> we don't want the stakes right let's stop >> so of that condition which I think is appropriate >> okay except for that >> everything but that >> right you got >> no st
Yeah. Well, >> is there a plan to handle any future growth? Um, looking at this photo once the fence is in and you originally indicated that the tree trimming was required because the
branches were hanging over on this property. So now, is there a plan in place to manage the trees? It looks like you've trimmed or cut quite a bit up. So when that fence
is in, there shouldn't be any more branches that's growing over the property. So there shouldn't be any more loss of branches higher up. Is that correct? That could be
>> all right. >> Yeah. Any more acting member for being contributing member of the tax base in cranberry, but we'll hear about the facts. So I am I'm at 10. I'm not actually impacted directly by
the fence. Okay. >> But I like to first talk about Applewood Court in when that went up. My understanding was that they did put um trees and bushes on a buffer space. Am I wrong about that? Because I live closer
to Applewood than the other two applicants. So >> I'm not sure about I have to go out there and look. I don't want to lie to you. I know that was part of the conversation that we had because when we spoke I said you know it's fair to them and fair better fair better fair better fair better fair better fair better fair better fair better fair better fair better fair to us we don't want to hear
they don't want to hear me and my people in my yard and I sure don't want to hear them and my understanding was that that trees and bushes were put on the buffer so if we can look into that that would be helpful number two um I also I'm a
little bit concerned about the fence and nefarious activity happening behind the fence that, you know, right now it's open. Um, the reason why I saw those parked cars is when I went behind my yard and peaked out, I saw cars there for a couple weeks. I said something to
Matt. What's going on? I don't know. That fence goes up. I don't see the cars. And is there going to be some kind of repercussion? Who's going to be monitoring whether people are putting cars back? >> That's the That's the Cranberry code enforcer. He's supposed to go around
check the buildings. But that was there for several weeks. I mean, >> yeah, I don't know how he does his job. I >> No, no, I'm not I'm not saying that, but I'm saying that >> I know what you mean. >> The fence now is now really not only a buffer, but it's also a buffer where we
can't see actually what is going on. And in the theme of Cranberry, which is an open space community, got a lot of farmland. We like the open space back there. I lived there for 20 years. Bills lived there longer. The Delparies have lived there almost 20 years. We like the
we like the the idea of open space >> and having a fence in my opinion creates other issues. Now what happens if a tree on say Matt's property starts uplifting the fence? Who's responsible for
repairing that fence? >> It would be >> the owner of the fence. >> But even though his his root is uprooting the fence. >> Yeah. >> Okay. and any kind of uh garbage or anything stream that collects on the other side of the fence.
>> Well, they said they're going to go around and clean it up. They can get it on it from the right side. >> See, but that that takes a lot of oversight. I mean, I I know what I know what everyone has said, but we all we all live we all live very busy lives where we have jobs, we have families, we have extracurricular activities, we have
the board. >> You know, Mr. Robert, can I say something? >> Yeah. >> Also, David, thank you. Okay. Uh the town engineer will do the inspection of this once it's all approved or not approved. Once it's approved, if it's approved and his name is Tom Decker. He
also inspected Apple. So you can talk to him about that if you want to. He uh you can get his phone number written down. And when he does this inspection, he will have to look at the resolution that these guys do. And if it says clean up
all the debris, it has to get cleaned up before the fence is put in. >> Okay? So he'll he has a job and that's his job to do that. >> I understand that. >> So So it's not this board, it's not me, it's not this guy or or Liz. We have a separate person who's in charge of all the inspections for site plans and
subdivisions in this town and I think he does a good job. >> I listen I I I've dealt with the township on a bunch of things for my own personal house and and things have always gone very well and very smooth. So I'm not taking any of that. I'm just saying that we all live in very busy lives. Um, the fact that there was no
fence there kind of uncomplicated the space. Uh, if Altonwood could have put bushes and shrubs on the buffer, I don't see why we can't put >> Yeah, he would know. >> Okay. So, I think that we should use that as a consideration, you know, as what might possibly might
possibly be a solution. And, you know, I I and I implore these people really trying to help. I know they're trying to operate and run their business, but we're also trying to operate and run our lives. How do we do micromanaging what's going on in a buffer that we hardly ever go into?
>> Yeah, but who would put in? >> It said something. Liz actually did a little research and she found out that there might be an association. Is there an association? >> Yes. who will buffer >> he's went to so they don't own it but
they would have jurisdiction over whether or not it's used or not >> they have jurisdiction they only have >> it's you know it's >> we have we have the primary homeowners association here
what the homeowners can do is there's two retention bases on either end of the development Okay. So the association is responsible for them and there are two circular places because it's a double engine and they are responsible for maintenance.
>> So what court put the old >> it states clearly in the in the bylaws that they have no jurisdiction over our you guys. So, we got we got letters and conversations with the attorney
representing whoever built Alwood about what might be beneficial to the community. They they knew that the and and one of the things I know I said and several other members neighbors said we that we would like to see more, you know, trees and shrubs just to keep
a buffer, not you know, just for everybody's sake. You know, I have people in my yard. I'm sure they have people outside their yard. We just wanted to keep it where like everyone's neighborly and living their lives. >> Yeah. >> Um and I just think I I know it's only
offense, but I think it's it's going to be a complicated issue. That's all. >> And I have two clarifications. One with respect to debris removal. Uh the applicant is not willing to take on an obligation. We'll
remove trash litter that's in the buffer area when we put up our fence so that it's clean. After that, I don't think it's proper and I don't want the applicant to have an obligation to go on the buffer side of the fence to clean up
the bridge. With an 8 foot solid fence, if there's litter on our property, it should stop at our fence. If it cuts into the buffer area beyond that, that's up to the owners of that buffer area. we shouldn't be coming on their property to deal with it. And we know that the
trespassing is a concern. That's one of the reasons we want those fence is because there is concern about trespassing. I know several of these neighbors have cameras that look at our property and they look, you know, they're looking to see if they're trespassing, looking to see what's going on. That's fine. They're allowed to do
that. But given that concern, we put up the fence. It keeps our people, our litter, our noise to a minimum. whatever the maintenance obligations are on the public side rest with whoever
owns the boat. >> The the uh I think it's important also for the board which they probably have that the all of the property owners have fences
that exist. Um so you know we're we're not reinventing the wheel. anything different in this this neighborhood. Um, but we're we're doing it in a way that that doesn't require a lot of maintenance and we were hoping that it
satisfies a lot of the concerns of the neighbors. So, unfortunately, we don't just have one neighbor here. We have and the the unfortunate part about that is that everybody has a different view. You heard that? Coming at this from
like a fence. They want a bigger fence, longer fence, no fence. We can't we can't satisfy we can't satisfy all of those concerns. What we can do is manage things from our property. For the same reason, we do not
want to to install or maintain >> the buffers, >> vegetation in the buffer area. That's problematic. We don't own it. We can't control it. You have to have an agreement with whoever does control it. We'll do what we can to
minimize our impacts on the neighbors on our property. >> All right. I'm sure about have we talked about drainage um you know because you know the sloping down of the fence. How is any kind of
water that accumulates won't get trapped at that fence line? >> There's a reveal on the bottom. >> There's a reveal on the bottom. Explain what that mean. So there's a there's a gap. You have your post that obviously have to be penetrated to the ground. And
then you have your bottom rail on the fence, right? Bottom rail, mid rail, top rail. The bottom rail between that bottom and the top of the asphalt, what's called the top grade is going to be a gap. four to six inches. >> Yeah. And it'll still drain as that
makes sense. >> Okay. All right. Thank you. >> Try to do our best here. >> One clarification. >> Absolutely. >> I was wrong when I said 2007 was when they agreed not to touch the trees. It was actually 1999 in the application
which is exhibit B in Mr. Brennan's application for the variance. Number 11 says the applicant has agreed to make every effort not to serve the existing trees located on the property. So it wasn't 2007 like I said it was the 1999. >> Okay.
Anyone else? >> Michael last time concerned with res. The one thing I'll say is that just let's just remember how we got here. >> What was your address? >> 24 station road. >> 24 sometimes resident 14 silver. Um, let's just remember how we got here. Uh,
the, um, the applicant cut down trees in order to pave an area that they should have known they shouldn't pave. Also put a drainage line in that they should know needed a permit. So, the attempt was to do this without going through this process. This is a this is not a mom and pop organization.
This is a large organization that has many professionals that work for them. they know whether or not they needed permits to do these things and whether or not this this stuff was um allowed under statute. They they knew better. So, um yes, they now have gotten to
where they they've got to where they got to. They need additional parking. But the board should make sure that the residents that did nothing wrong, they're just trying to live their lives peacefully are fully satisfied with the resolution because the applicant didn't
come here in good faith and ask for an application. They ripped up everything and then got caught. So, let's just remember that when we get a resolution because the residential neighbors did not do anything wrong. Hold on. Let's just keep going with
public comments. >> How are you? >> Hey, how's it going? >> All right. >> State your name and your address. >> Sure. My name is Man. I live at 152 North Main Street. >> Robert, you swear a test. Can I give us truthful?
>> Uh, yes. >> Sure. Very nice. >> Um, I'll just make a statement. Um, my name is M Sha. I live at 152 North Main Street. I'm here tonight to support my neighbors. Um, that's why I'm here because what we're dealing with here is
totally unacceptable. The noise and light pollution we live with every single day is absurd and it shows how disconnected this town's leadership has become from the people who actually live here. The constant relent relent relentless noise on Silver's Lane has
gone on for far too long. To the lawyer and every member of this board, I invite you to come to our neighborhood. Spend the night at one of our houses. Bring your family. Bring your kids. Bring your family. Try to sleep through it. You won't last a night without a high powered sound machine or blackout
shades. That's how absurd it is that people are expected to live like this. This is a residential neighborhood, not an industrial buffer zone. Families shouldn't have to live this way. It's absurd. Let's also be clear. lawyer here tonight doesn't represent the residents.
He represents medical work realy which refuses to spend the money needed to properly fix this problem and improve the quality of life for residents. That says everything about where the priorities are. The residents are left to deal with the consequences while the businesses save pennies compared to the
value of our homes. So I have to ask, are you prioritizing commercial owners or the residents of Cranberry? because your primary responsibility is to represent us, the people who actually live here. I don't have a technical solution. Maybe it's a fence, maybe it's
trees, maybe it's a combination of both. But this board needs to fix this and protect our neighborhood. It's noisy, unsightly, and unacceptable. None of you would want to live next to this. Whatever the solution is, the answer cannot be to do nothing or leave it to
the business owner to fix. That approach has already failed and they're pretending like they've done something when they haven't. Many of us moved to Cranberry from the small town feel, history, and charm. But it's clear that this board and others like it have abandon their responsibility to residents. Every decision seems to favor
developers over neighborhoods, businesses over families, and money over quality of life. Granberry is slowly becoming an industrial extension of Route 130, and tonight's meeting will determine if this board is complicit in that transformation. You have the power to fix this problem
and make it right for the residents. Stand up for the people of Cranberry and do what's fair. Stop defending commercial interests. Do your job. Fix this. Protect our homes, our families, and our towns. Thank you. >> Robert, for our secretary, could you spell your last name, please?
>> Sure. It's Sha S as in Sam in Harry P. Thank you. All right. Any more public comment statements? >> Yeah, just just briefly, I want to circle back to where we started the meeting, which is why we were here. Uh
although we talked a lot about tree trimming and standards from industry on tree trimming, we're not here for tree trimming violations. The notice of violation issued by the zoning officer is why we're here. And that notice
violation simply said that the 2007 resolution of approval did not allow parking along the western property line and we created parking on the western property line by mistake. We didn't own the property in 2017. We didn't know
about it. We're sorry that that happened and we've now corrected that with this application. There is no parking in that area. So that was one violation. The second violation was that we paved two areas without approval and without construction permits and without sight.
So we're here this evening only to really correct. We've already corrected this problem. No parking is going to be there. We're complying with the 2007 resolution. So we only have one other violation that brings us before this board and that's that we paved an area
without approval. Noting, of course, the area we paved was already stone and it was a stone parking area and a stone driveway, both of which were approved by this board in 2007. So, the the use of the property and the
use of these two areas for parking in a driveway were specifically approved by this board in 2007. But as RA, we pave that paving brides here, not tree trimming. We didn't we didn't break a
drainage pipe or install them without permission. There was a drainage pipe that wasn't working. We fixed that drainage pipe, put in a better uh we've had testimony about that. The the so the release that we're seeking, all the site
improvements that we've made are because we're before this board and this board has every right to ask us to make other improvements and catch up with issues. However, the tree trimming is not one of them. And we again, we spent a lot of
time and a lot of energy talking about tree trimming and how those trees help neighbors and so forth. That is not a violation that brings before this board. Uh and we believe we comply with council ordinance. We will accept the condition suggested by board engineer, Mr.
that if any of the trees along our border, whether we trim them or not, if they die, then they're on the borderline trees, uh that we will replace them uh in accordance with the requirements of the board engineer at the time that they
die. You said the board engineer, somebody else's office. >> Thank you. Um, so we we we understand that it's always challenging for commercial for residential neighbors to live in an area that affects commercial
use. And Primary is full of those. I My office has been downtown for 35 years. My family's lived in that house where my office is for close to 80 years. We're right We're right there. We're right next to Gillan Burks. We live on South Main Street for another
35 years away from the commercial area. But when you're downtown, you're abing commercial uses all the time. There's a mixed use. That's the nature of downtown. That's also the nature of this area. It's a highway use and there's trucks and so forth
for the area downtown. Uh you know, there's a post office. There's trucks in and out of the post office for 15 years plus. It was another big commercial operation. The back block grace roses every morning on North Main Street. The trucks would roll through one tractor
trailer. I bring that up because that's the nature of living in an area with mixed uses. When these neighbors moved to the property, Route 13 existed. Development was built knowing that 13 commercial use
existed at this property from the very inception of this development. That's the name of the piece. There was a person that owned the house where Gilen B is the ice cream place. Their name was Gil B. Very clever. Dylan B ice. They
didn't start the ice cream place, but she lived there for about 40 years and and she live right next to the post office with all that stuff going on, right next to the downtown. And she would come to meetings like this. I've always admired what she said when she heard complaints about what happened
downtown. That's the nature of living in a mixed area. I love living next to I love the virus here. I'm not suggesting that the neighbors don't have legitimate concerns about noise and so forth, but it's a mixed use. We're here with a
mixed use. It's been a mixed use since that was created. We have to keep that in mind. We're doing our best, our very best, I think, is that spending a lot of money on professionals, a lot of money on fencing to minimize our
impact the most we can. I I have spent a lot of time with this applicant. They've reached out to the neighbors. They've exchanged cell phone numbers. They're texting with the neighbors. They are trying to be good neighbors. and I think the applicant and
work the proposing evidence making that we thank you for your consideration and look forward to hopefully receiving approval. Thank you. >> All right. >> That was his closing statement. Do we
get a closing statement? >> The other said is true. No, but once the public comes up, we asked a couple times he wanted to speak and then that's it. After nobody else came up, >> it's not true what he said. I mean, I it's his own opinion and my whatever he
wants to say is fine. That's fine. We could say, uh, once he sat down, we asked again any other public comment. Nobody else got up. That was it. And that's why he said his closing state. >> Yeah. His closing state, not ours. You
can sit here as long as you want to talk. I never said you had to leave when you were up there. >> No, before when you said your first thing, you could I didn't put no time limit on it. You can sat there all night. If you if you'd like to reopen it and
invite additional public comment, you have the right to do that. It's unusual, but you can do it. >> Absolutely. Can sense. I wonder somebody has something they want to say with the board's permission. The applicant's fine. I don't need the last word.
>> I'll just speak to the history. >> Take your time and speak for three hours. There's no rush. Don't even There's no threeinut rule here for just a few minutes. >> Absolutely no three minute rule. You could speak all you want. I will not shut you down. >> Thank you. I've been here before. There have been never ending more uses to this
piece of property. Look in your records. Right. One. One and after the other. So, what I don't understand is why they couldn't put a line of trees unless they want to put more parking or
there's some other reason why only a fence would go. Okay. And it's unfortunate that I don't have the trust, but my lessons from the past have been that we've been here, we've talked about this, we've done this, that, and the
other thing, and they've done what they wanted to do. >> What other stuff they didn't want to do that you didn't like? >> What? >> What other stuff did they do that you didn't like? >> You mean what did Feebas do? >> What his uses? He had a car wash in
there, >> right? Okay. He dumped stuff on my property. >> That's the previous owner, not the president. >> Not the president. Well, it was valent. >> Well, it was val oil change and he owned the property, but it was
so and that's true. He's gone. Yes. And and they are not him. I admit that. But my experience has been that there's a constant drip drip drip of more and more uses.
>> Okay. And so because my my concern is all right, we do this, >> but as the other gentleman said, they're getting a fence up. You can't see what they're doing. Are there more uses, more parking, more this? You know why? Why did they put parking in in an area where
they set you have setbacks? I agree. >> Right. You have all that. So there were all these little you know so so we have this land that we can't use that we pay taxes on and everything else and they get 100% utilization and I get 75%
utilization and so all I'm doing is saying okay let's see what is the I understand I'm a capitalist I've worked in industry and everything else so I understand that but I have an investment is my house okay they have an investment
is that facility. They want to maximize it and I want to protect mine. So that's why we're here to discuss this >> and to rubber stamps is what they want to do is is a you know because we didn't say
we want to put the landscape in the bucket. We said put the landscape on your property. So I don't understand why why there's such reluctance to do that because they ripped up when they put the
pipe in. There was some underbrush. There's some some bushes, some things all that formed a natural fence. Not not pretty, but it was there. >> Okay. Now it's gone. Now it's just clearcut. So So that's that's what bothers me.
that that's the way it was done. >> Yeah. With that fence that's up there and you can't use your own property. I I don't see how it's his problem. That's pretty much >> Well, I'm not talking about >> That's what you said. You said you can't use your own property. >> Not this property, >> right?
>> Okay. And so I can't use it. That's what the rules. >> But that's not his problem. >> I understand that's not his problem. But why why can't they take a little bit of their space and put up >> you're saying move the fence in more on his property. Put landscaping up behind
his in front of his fence. That's what you want them to do. >> I know. What I understand is he's saying is don't put the fence up. Put some put some bushes up. >> You might want bushes, but the other neighbor might want >> That's I'm saying. So I mean we have to come to some kind of balance here where
>> I'll agree with whatever Matt wants. I'm just >> It's all on you, Matt. >> The guy is driving trespasser. You don't have to worry about it. Just drive around the block. You want to see what he's got? They're pulling his lot because the fence terminates only
halfway around my property. >> No, I'm saying >> I haven't complained that much about the trespasses from his area. Okay. But that that did occur. I don't know why they were there. >> But you have fence on the property. The trespass on your property. No, they
trespassed on my buffer area. >> He brought the video. >> So, okay. Somebody trips and falls in my buffer area. >> Whose problem is it? >> Can I put signs up? No. Trespassing. >> Yes. >> I rectify the trespassing. That's why
he's putting the fence up so no more trust me, >> right? >> No, no, because the fence terminates only it only covers half of my property line. So, isn't that part of the buffer and easement for the HOA? There's no HOA doesn't have anything to
do. There is no they determine what doesn't have anything to do with the buffer. >> There's nobody from the sound or the HOA that's been in that property. Nobody knows what it is. It's a no man's
land. So if you can find any anything. >> Yeah. >> So So that's you know my problem. But it is a problem and and just trying to say okay why wouldn't you want to put a tree line and because that's less expensive.
>> It's his property. He wants to put a fence up. I guess he could put a fence up. You can't tell. Right. I mean that's I mean I don't know what I thought they had to come here to get approved. >> Yeah. That's okay. what he's asking for. >> Let's see. So, if you want to approve that, that's fine. >> Nothing I can do.
>> Let's see what Matt says. What's up, >> Matt? I promise. >> No rush. No rush at all. No rush. >> Mr. Ren just mentioned we're here talking about tree trimming a lot and that's not part of this board. Um I would disagree and say that those trees
provided screening and buffer between the mixed uses because as he did state we are residential adjoining and commercial property and section 150 part 57 states that you know landscaping fences walls burns will be used to block
light noise and other nuisances and reduce adverse impacts which those trees did the loss of them. that we don't have the same buffer. Nor do I know that the plants will bring it back. So that's why in the original presentation I did, you know, I suggested other fast growing
vegetation that would hopefully fill the cap. So >> you want the fence? >> I don't know what the fence is going to do to be honest. I mean, like I said, the BMS here fence will come up to about maybe the lower part of our fence. So maybe it'll stop some of the sound, but
I'm not really, you know, >> can I just ask From my understanding, there was a meeting that they met with you all. >> Yeah, we we met um so the board asked I think it was your suggestion >> um that we meet and kind of try and collectively come to a solution.
>> Yeah. >> And we didn't hear anything for a while. Bill reached out and then Mr. Brennan pretty quickly schedule it after that. So we met in August. Bill reached out sometime in October, maybe late September. Um, and then we got together and then you we did meet um we talked
about the fence at that meeting like I said I kind of made my reservations known then which is kind of how we got to talking about the landscaping. Um Mr. Brennan then went back and an email a couple days ago said hey there might be some issues with that given the buffer
in the easement and he didn't there was complications. So that's where we left at the end of the meeting. We're expecting a response to see some proposal. Um and but like Mr. Brennan said, there were some complications with it. Although um Mr.
Frankie reached out to him and we that was earlier this week or late last week um when that happened. This is really kind of our first interaction since then. And to be clear on the fence, we even
though I'm hearing neighbors don't want, we still think the fence is a good idea for all the reasons that we testified to. We would ask that we may not we don't have to build we'd like the resolution to say that we're not required to build, but we have
permission to build an 8ft fence. If we decide we want a sixoot fence, at a minimum, we'll build a six foot fence. We save a lot of money. I don't know whether feels about it given everybody's concerns. Well, for certain as a condition of approval, we will build a
minimum 6 foot solid final fence with our plans with the flexibility to have the variance to make the board. I'm having trouble evaluating that because I don't know what the relative impact on like
providing a sound barrier for example which is one of the things very concerned about is anybody here can speak to the effect of the different fences on [Music] >> given the fact that the uh the small
buffer area between the curb and the back of this property to the property line is only 6 to 8 ft. >> Yeah. The number of trees that you can put in there that you could stuff in there to make a sound barrier is not going to be anything near what the fence
will do >> because trees have leaves and leaves have holes. >> Yeah. >> Fence doesn't have holes. >> And a fence has material that's a little dense compared to the the tree leaves. >> So that's how I would see it.
>> Can can you go higher on the fence? the height of the fence almost doesn't matter because because there's a BM behind it >> and they have a fence >> and then their fence is up high. >> I know. So, >> so if you got a fence if you got the applicant's fence here and you got the fence in the back up here,
>> it's no use. >> You might as well do the six foot fence. >> Doesn't really matter. I mean, at least it's something to keep you visually so you don't see it and you don't see the I mean, engines are three feet, two feet from the ground, cars, right? You're not
going to have an engine. I mean, very rare instance. You might have like a truck or something. It's got a pipe coming out somewhere, >> but generally not. because they only have a fence. I think >> people combination of painting the windows and
changing that light in the back might make all the difference in the world. Anybody else public comment? One, I'm sorry. >> As we talked about, the fence has to be a couple feet off the property line because those trees are on the property line. Mr. Brendan said they won't
maintain past the fence. However, because it's a couple feet off, there will be a couple feet. That's their property. Yeah, if there's we'll maintain up to our property line, not maintain the buffer area because we don't own the buffer area.
>> That makes sense. I just wanted to make sure that question >> uh cut the grass, maintain the trees, trash ever. If trash accumulates on our property,
you will remove trash. I think that's probably the extent of the maintenance other than other than trash. It's finding >> we should define where the fence is going to be because it's it's gone from from being far away from the property line to being up against the property line. And if there's going to be a
resolution that says do this or do that, you got to put the fence somewhere. >> It's going to be as close to the property as humanly possible >> within four or five inches. >> There's a tree. We want to try.
>> Then you then you try to move. >> No more tree disturbance. No more disturbance. That's why we keep as close as possible. instead of >> um I mean it's going to be pretty
it's going to be on the driveway number. >> So they're losing those parking spaces anyway, right? >> Yes. >> Do that. Best part of cranberry. >> Yeah, definitely.
>> Um, all right. Any more questions? Board members, think we covered a lot of areas and um I hope we make everybody happy here and it's going to be hard to do that.
Any other comments? >> We have to hear the summation of what Yeah. >> Well, general terms, >> there's a motion to approve the application. Uh there are a number of conditions that were put on the record tonight which we
would incorporate into the resolution. So, as Dave indicates, somebody our construction official or our code enforcement official would look at that list to see what has to be checked and make sure everything gets to be done. Um,
those conditions that would go in. Number one, the parking spaces that behind the building are going to be designated for employees only. And we're going to hang the sign on the south park. The ones behind the building will be removed.
Right. South parking area is going to be listed for that that will be for employees only. >> Um and Dave, I think you're satisfied in the last meeting about the drainage data and the pipe. So I think that's taken
care of the um applicant will have to pull all the necessary permits for any work to be done including the inst installation of the fence. The fence would have language in there to say that they would be permitted to go up to eight feet, but
they would be required to go at least six feet solid fence, nice part of the fence facing out. Um, the board engineer must review and make sure that the lighting, any lighting which is going to be on the property
stays on the property and it doesn't spill over to any of the neighbors. So, that would be a condition. uh the landscaping that Dave talked about at least on two sides of the dumpster, not one that they said no, they weren't going to do it because it's pulling up
paper. So that's a no. >> There's not one side on the plan on the plan. Okay. So one side as you proposed, right? One side >> the u let's see painting of the windows. Paint
out the windows. Uh, were they supposed to pay them out initially? >> Well, those would be conditions we're going to incorporate into this resolution all the old conditions that you still have to meet. I think that's one of them, isn't it? Paint out the windows
>> except for the stakes. >> Well, which they they have requested from that condition regarding the stakes. >> Well, the stakes you don't have to do the stakes. somebody would give a waiver of that condition from an earlier but all the other conditions would have to stay. The new conditions would be you
have to go to the county planning board and all that stuff for all your approvals for the site plan. Uh if the trees that we've talked about a great deal this evening die within a period of five years after all this is done the paving and also putting in the fence.
You'll replace the trees in accordance with what the board engineer would approve. Come to the board engineer. Board engineer would work with you on what types of trees, the heights and all the town that's >> okay
engineer would do that, right? We mentioned the stakes come out. We mentioned the fence at least up to six but could go to 8 ft. Um, we also talked about the fence. I think we've determined it's mostly going to be on the property line. Is that correct? As
close to the property line as possible without removing any trees. Right. And if any trees are damaged or killed as a result of doing this stuff, you got to replace it right away. Right. And I'm sure there are a couple of others tucked in there, but we'll pull them off of the record with Gina and we'll make sure
that we incorporate that and share that with Mr. brand so that everybody's on the same page when we get together in a month to do the resolution and for the audience's information myself the traffic engineer and Liz the planner will also go through the
resolution and try to pick these things that came out of the meeting that everybody talked about right and for purposes of voting tonight if you weren't at the meeting in August you will have had to have listened to the tape of the CD you're eligible to do
that you have to sign a form with J to make sure and it's so we're just asking for regular bulk bearing assist tonight. So it's a majority of the of the quorum majority. Can I add I have a concern about the
fence being only six feet and maybe if you could clarify because if we required it to be a maximum of 8 ft >> a minimum of eight >> say that again >> a minimum of eight feet >> right because you want it to be up
>> exactly all right because I heard six and I wanted to clarify the minimum would be eight feet >> yeah I just don't think that the extra two feet is going to do anything >> because it's way above It's way above people. It's way above >> noises. >> But it's up to
>> minimum of six feet. But maximum. >> Well, what's the trigger to go to eight? That's the problem. It's either six or it's eight. In my book, >> I think I think minimum of
>> maximum. >> So this court is giving a variance of waiver for the extra two feet of the align. >> Yes. >> Okay. So those would be the conditions. You would need a motion to approve the
application as presented. >> Anyone like to make a motion? >> That'll be Richard. Motion to approve. >> Somebody has to second it. >> Second. >> All right. Roll call for ZBA 405-25.
Mr. Bonoanto. >> Yes. >> Mr. Darm. I mean this. Sorry. >> Yes. Miss Gitens, >> yes. >> Mr. Cathari, >> yes. >> Miss Parker, >> yes. >> Mr. Shores, >> yes.
>> And Miss Shu, >> I'm not comfortable. I'm still concerned about >> Okay. Thank you. Motion pass. >> What? Yeah, I want to say like as a board member the reason I'm here I want to present the res
commercial I know I say this minority but I want to stand for the residents there should be a peaceful of land of that property so that's >> yeah I mean um not in anybody's defense
but my own voice that's their property Right. I think they're trying to make the resident's life better by putting a fence up for the sound. I mean, they're trying to work with them. Not saying nothing bad against the >> resident already without permission. So that's why
>> that is I completely agree. I had a concern with this from the beginning that the whoever owns the property creates their own hardships and then they come to this board. And so as far as I'm concerned, this is it. >> Yeah.
>> PDF the exhibit. Yeah, that's >> before we meeting. >> No, hold on. >> Uh, no, we got to talk about two other things. Any you guys want to be um we need another alternate for the DRC meetings. So, we need another alternate
for the um DRC meetings. So, it's the development review committee. So before they would come to the board, we have a little meeting. Richard passed away. So we have an opening there. >> Okay. >> I already said I do want to
>> Are you So are you available? Um they're usually the first Thursday of the month at 5. >> Thursday. Yes. >> Okay. It doesn't happen every month, but um >> Huh. Um, it can only last max two hours because we have a planning board meeting
right after. >> So, >> max. It's usually less. >> I'll be there with you, too. So, right. Both be there. >> Yeah. >> Yeah. We'll both be there. >> It's pretty good. You know, it's not able to see all the meetings. >> Um, I think what else? That's it.
>> That's it. Yeah. >> Okay. Motion to adjurnn. >> Second. Okay. All in favor >> one second. Founders.