There it is. [Music] Everyone order. [Music] I pledge algiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. >> Evening everyone. This is the special meeting uh Dave Clark City Municipal Land Use Board October 29, 2025 in compliance with the open public meetings
act. Adequate notice of this meeting was provided by posting on the city hall bulletin board and by notification to our newspapers of record and I ask the secretary to make this announcement part of the public record and roll on it please. >> Mr. Peterson
>> here. >> Mr. Walker >> here. >> Mr. G >> here. >> M >> Sorz >> here. >> Michael McKenna >> here. >> Mr. Molino >> here. >> Mr. Craig >> here. >> Rachel Ba >> here. >> Ryan McGown >> here. >> And secretary here.
>> Thank you D. We have minutes of September 16th for approval. >> So move. >> Second. >> Sec. >> All in favor please say I. >> I. >> Anyone? >> Uh resolution 202511.
Uh David Ger 1401 White Horse Pike. Uh motion on the resolution. >> Take a motion. >> A second. >> Second. Roll call, please. >> Mr. Peterson, >> yes. >> Mr. Walker, >> yes. >> Mr. Bar, >> yes.
>> Mr. Torres, >> yes. >> Michael McKinnon, >> yes. >> Mr. Mona, >> yes. >> Mr. Brick, >> since I denied it, do I vote on it? I I I >> this is just to memorialize the accuracy. Okay.
>> Of the written resolution against the board minutes. >> Okay. >> Yes. >> Thank you. >> Okay. New business uh application 202508 Humble Organic LLC.
Thank you. >> Yeah. Um me members of the board uh good evening and thank you very much for having this meeting. Appreciate it. My name is Chris Balance. I represent Humble organics with respect to their application tonight for property 1123 Atlantic Avenue which identifies last
one and 27 and block 527 in the highway commercial zone. And the application tonight is for a use variance as well as a waiver of sight plan to allow our client um to occupy the space with a cannabis cultivation facility. That's a
facility that from the outside you wouldn't know what's going on. Everything is taken care of inside. The reason that we request use variance is because it's not permitted in the highway commercial zone. It's permitted in the industrial zones. not here, but you'll hear we we think the site you've
seen it on on Atlantic Avenue is probably a perfect site to do it. Towy yard across the street. It's actually residential around it. It's kind of secluded, but it has some some visibility for Atlantic Avenue. Um it's almost almost windowless, but not
really. And it's works out for these guys uh really really well. Um Katy Schaefer is our professional player here tonight. Uh my client and the proper used to tell you all at the same time probably the best way to do it.
>> Just like you guys state your name for the record. >> All right. Andy Schaer from Schaer National Engineering Planner Thomas. Great. You also everything you provide trying to give you the truth. >> Yes. >> Thank you.
>> Right here. You're the property owner. >> Yes. >> Tom, you're the um operator. >> Correct. >> Um Andy, you want to start? >> I can see here and give you an opening statement about what they're going to do. Then he's just going to say the same thing. So probably let him do it.
>> Fine. So this is a use variance for the existing buildings as well as an addition of the amount of building on top of the existing um concrete pad that's here. Now I say plan on that plan has quotation around it in that it may
or may not happen. We're asking for a site plan waiver for what's here not the addition. However, we are asking for a use variance for the existing building plus the addition. >> If the addition, we will be back here for your approval. Not something we're
asking for approval tonight, >> right? Other than the use of including the area of that building, but we would still have to do a site plan for the addition when we decide we want to do that. At that point in time they haven't decided yet, but we thought we'd take the opportunity to include it in the use
so we don't come back here for a second use during classification later on. >> How that property is different and why we're here. >> Right. It's in the highway commercial zone. It does have a tow lot across the street, vacant land, and then another
unit over here. none of it residential surrounding it whatsoever which is a good thing for this but it's still and I'll get into the special reasons shortly I don't want to describe the use so the use itself will have uh when we get to if we do the addition
we'll have up to five people there during harvest time otherwise it's one to two people on site and then without the addition it would be a two to four maximum number of people on site depending on what activity is taking
place inside. Given they don't have a whole lot of grow rooms, given the size of the building, this would almost be considered a micro cultivation system rather than having 12 grow you know things all in a different line where you're doing cultivation once a week.
This will be much less often >> and we're talking with respect to what's going to take place in the existing building. >> That's right. That's a one and two employee operation because it's primarily a tomation facility but a grow facility drive facility and goes out the retail.
>> Correct. So and it there would be normally as far as traffic goes be the the two employees that normally be there maybe up to three or four once a month type of thing for a cultivation that that is uh harvesting. And then in terms
of deliveries, a UPS truck once or twice a week and then um deliveries going out would be a small sprinter type van up to three times a week, some weeks zero. So it it's variable but a very light impact.
There's no noise. Everything's contained inside. >> Small small packaging, >> right? Small size packaging. So what goes on inside the building? They've already started some of the renovations just to preserve what's there because the building is sort of dilapated. So you'll notice it has new windows. It has
a fence around it that has just recently been put in. And the idea is to renovate the building and that means building a new building inside the building so that it's airtight is essentially what happens. Be like a giant cooler so that it's airtight. It'll have um a vacuum
system in there, air filtration, carbon air filtration system, and that'll create a negative pressure on. So when you open the door, rather than getting a blast or something that doesn't smell so nice, it'll suck fresh air in. >> Now, there is an HVA system and interior air does go out.
>> A very sophisticated one. Yes. >> Tell us about that. So mostly it has an an air exhaust system that uses carbon filters which are very effective for removing the scents and the smell from this as long as they're maintained. >> In the industry they're called air scrubbers.
>> Air scrubbers. Yes. More specifically. And I'm suggesting that the board make um a condition approval that they would give you the log sheets associated with the maintenance of that equipment as well as a copy of the uh of the
manufacturers's um recommendations for doing such so that it maintains its integrity and doesn't create a note in the neighbor because there are some systems in the area that do create a smell. The reason the reason
for all that for providing records and for the type of system that's being assaulted is to prevent smell from being >> that's correct and for the sake of licensing every cannabis grow facility cultivation needs to have a pretty
sophisticated security cameras uh locks um passageways with you know with combinations and so forth so it's not easy to get into whether whether it's a vehicle or a person everything control including the fencing and the gates. So
that's basically how the operation works. >> It's not 24 hours a day. Obviously the product is growing 24 hours a day but it's a man facility with a regular daytime shift >> right number of products on this and the
sophistication and technology does vary significantly from one to the other. So I've had some that were 40,000 square feet cannabis facilities, grow facilities, they required 30 or 40 years. I've had other the same size
require five. So it depends on the amount of automation and so forth they're using. They're not they're using quite a bit of automation and also it's a small size. So the activity level here will be relatively low >> and it's limited to cultivation >> and it's limited to cultivation. No manufacturing. So cultivated product
would be packaged and taken out. So what goes in are seats, what comes out are hermetically sealed packages. So again, we're not in this situation where we could potentially be releasing voters. >> Members of public don't even members
public visit the site. >> No. And in fact, there's no sign for there's no identification sign on the building or appreciating sign. Again, this is no need. We will if you decide you you would like that we can put a small sign >> the address
>> the address whether it's on the building or freestanding sign your choice but it should have at least the freestanding excuse me a sign of one sort of another with the number of the street number on it >> and and from your perspective and as a
planner you think this site works for what those guys are proposing >> certainly again because it has access to to transportation It's not near any residential and in fact it's it's either surrounded by vacant land or other commercial uses that are especially a
pill quite a bit more active than the cannabis >> from city records been baking for quite some time. been baked for some time. that there's a rumor that it was concrete manufactured concrete so the guy I said that correctly
and so it's been manufactured use in the past we're pretty sure >> thank you whoever said that was a better word easy to say so in terms of the special reasons under 40 colon 55D.
Uh there are several that we look at is that promotes the reason for approving the use for this. The first is under letter A to encourage municipal action to guide the appropriate use for development of all lands in the state in a manner which will promote public health safety morals and general
welfare. The site is particularly well suited since its ability to comply with permitted use on enforcement. It's it creates jobs. It creates jobs and it un and it improves property
business by hire exclusively. >> Yes, that's correct. So, it it's going to improve site both in terms of landscaping and you know care of it as well as renovating the buildings. They again they've already started to replace all the windows and doors and so forth.
There's always plugs and pain in the landscaping outside. >> They're in the process of doing that. Even though they don't have approvals yet, the operation and committed to making this work, but they also want to preserve what they have and not continue to have it degrade
from the building. I I saw the pictures. Where are they going? >> There's a gravel area here used to park and you can still see some cars parked there. If you look at the >> that's off the side street. >> Yes, it's off the side street.
There's I would imagine they're associated with this use. There's several cars parked here. There is a a gravel dirt area here. They can park it. Is it is it ideal? No. And if we come back for um the approved try to get the addition approved, there will be more
site work that will have to be done. But at this point in time, we want to get the system open operating, create the revenue, which would hopefully give us the the ability to add on >> and for the cultivation use, the building works just fine the way it is. >> That's correct.
>> So then it doesn't need to be altered or enlarged. >> Nope. It'll be the same size, but there is And how many square feet is it? Do you know um building? >> I might know. >> Thank you. >> 2000 2,000 ft and we're we're proposing
a potential 12 100 1,240t building addition. And again, we haven't decided for sure whether we're going to do that at all. And we understand that >> obviously depends on the success of this, >> right? Depends on the suspense of this. And if we do get this, it's only going
to be use variance for that. It won't be a site plan approval. So we couldn't start building that. We'd have to go through the pine commission just like any other site would and then come back here for site plan. >> Okay.
>> The act. So on the same act item E promote establishment of appropriate population density and concentrations that will contribute to the wellbeing of persons neighborhoods communities regions and preservation of the environment. Again we're not building a new building. This is less of an impact on the environment by the fact that
we're utilizing an existing site and improving the site and it also controls some of the jobs in the area and it's consistent with the surrounding uses commercial and item provides sufficient space
appropriate locations for a variety of agricultural which this is agricultural uses. So this that's why this is one reason we'll assume because it does promote even though it's indoor the agricultural use and then I letter I to
promote the desirable visual environment. I think when you look at the building that's there now and what it's going to look like afterwards it's going to be an asset to the community. And then in plain English the positive criteria upgrade an existing building
and a site that needed to be have it be rehabilitated. Yes. provide new employment and it's a low traffic impact use compared to other things that could potentially go in there uh with the number of employees we're talking about the number of deliveries coming out
>> peritted use permitted >> use permitted use right >> could be more expensive >> that's right so a lot of what you talked about is promotion of general welfare putting the building back online taxes again for it maybe generate some jobs in city revenue
Rehabilitation >> rehabilitation is always better than building new and buildings especially in the finance areas. >> What about the negative criteria? >> I can't see I as a planner I don't see any negative impact to the community. It's all positive because the amount of
traffic this will generate is negligible and hardly noticeable. >> Do you think that varian can be granted without substantial impact on the zone plan and zone? >> Yes, I do. >> Why is that? again because while it is not a permitted use in the zone
specifically for this it's a low impact to the neighborhood. In fact, actually it'll be a positive impact in the fact that the building will be improved and >> at this point there's no impact on drainage. There's no impact on traffic. >> No, because there's no new impervious coverage proposed >> for the use variance. We have to show
balancing of the positive and the negative. You think the positive outweighs the negative? The positive clearly outweighs the negative in this case, which and again I say the negative I can't determine what the negative would be. >> Do you think the site is appropriately suited for the use? >> Again, because it's surrounded by either
uh empty property or commercial uses. Yes. >> Tom, introduce yourself to the board, please. >> I just have one question. I just want to clarify something. When you were talking about the air scrubbers, um I thought I heard you say you'd like the board to make that a condition of the approval. I'm suggesting that because that way
somebody can monitor their um their blog of when they've done it and they have in the same file what the manufacturer recommends. >> Okay. >> How often would you recommend that to be a position? >> Monthly I would suggest we suggested but other towns have have suggested
requested that that >> it's a good suggestion. >> Does anyone else have questions for Mr. Sher? >> Anyone? What what improvements are you gonna do to make that go to look a little bit more pleasant? >> Okay, Tom, you want to introduce
yourself? >> I'm Tomuchi, owner of Organics. >> Tom, you've done this before. This is not your first go at it. >> Yeah. So, I've been part of many projects throughout California, Maine, and now in New Jersey. my partner
train actually from James Point dispensary just um so we're very uh I'm very accustomed to the compliance with the CRC um operating under all their ordinances to make sure everything's
compeer who is coming in um who is highly skilled has a decade plus experience as well as a chief compliance officer. Um and then I would be kind of management throughout all of that. Uh
I'm also partnered with a manufacturing uh facility. So anything that doesn't get bagged directly from our facility will just be directly shipped to the manufacturing turned into products and they distribute from there. Um >> how do you take your waste?
>> Waste uh we have to we have to destroy it in a kind of uh a funky manner such as if it's a if it's byproduct of canvas we have to destroy it with other um kind of compostable. So we can mix it in with
dirt or we could grind it up with >> so it's not so it's not recognizable as cat is >> unusable. You can't touch it. CRC recommends we put a bottle of bleach and blend it. But >> members, can I correct this? What you're going to do the building to make it look
nice from the outside. >> Uh so um it does have a fresh paint, new roof and new windows as well as new steel doors. Um we are we looking to beautify this and um I I personally am a
Stockton graduate and I'm uh I'm talking with professors as well this uh program myself um and I would love to be able to bring them into this atmosphere to learn about the improvements to the outside doors.
stamping things like that. You got to do paint a different color. >> Landscaping. Uh I love the white building. I think it looks much much better than what it look like. >> So from the cabin, you'll see landscaping out front. >> Yep. >> Yeah. >> So some building building treatments on
the front. Audio audio over the door and maybe more defined entry. Maybe rest the area. >> I'm so sorry. Just for the record, just because it's not video, if you just want to identify yourself, >> Craig. Um,
>> you're the building owner? >> Yes, I'm the building owner. >> You're talking about defining some parking out on the side. >> Yes, there's grass in the >> I think what he's saying about the parking is there is existing parking area here. However, it
is not in the best shape. And what he's going to be doing is putting a fresh coat of um >> gravel on that to make it more defined. >> And then just some edging, some landscaping, maybe an awning over the front door. Um maybe even awning over the garage door, possibly in the back.
Um maybe some if we have to do some uh trees down, some like land cypress or something down the fence line to kind of strain off so you can't see through the fence area. >> That's kind of stuff these guys want to hear. Not maybe. Well, no. I mean I mean if you if you it would be my interest
that would I think it would do good and help screen it off. >> Ryan, I guess you would you would determine the zoning requirements for all that, right? >> Yeah. So, they asked for a site plan waiver and they're not proposing any development so they don't trigger the landscaping requirements. That's that's
>> I'm fine without landscaping. >> That's my personal feeling. >> We're open to recommendation. They had a they had a detailed, you know, plan >> plan plan here. And why not just have the >> So, they they asked for a site plan waiver and they're not proposing any
site improvements. Um, this is kind of a delicate one because if they propose site improvements that trigger the need to submit to the finance, then we can't even hear this tonight. Um, they have to submit to the commission and we'd have to get a certificate of filing and and all that. Um, so I frankly I saw this
application as the the correct opportunity to um go over the use variance because that does not need an application either way. And if you guys are comfortable with it as is and you don't, you know, don't feel like you need a site plan, then we can proceed as we are and we got here and have this
discussion and everyone said, well, you know, I really need to see a site plan. I need to see improvements. I need to see, you know, whatever it is that we need to see. that we will deny the site plan waiver and require them to come back with the same. >> Can you take everything that they said in here and put it in the resolution?
>> Um, they submitted it with their application. >> I was going to say it all becomes I mean I guess it >> Yeah. So um in all of my resolutions I always put the language that Ryan's um report is incorporated here in and then I highlight certain bits because adding all of that language would mix every
resolution so long. So every resol every report Ryan does is a part of our resolution. >> I guess he's talking about the submitt from the application. >> Yeah, I can >> cuz I got a I got a bunch of questions here. I mean side you're talking about sidewalks and curving you're going to
put in >> that that would be with the site plan if we did the addition. That's what that refers to. Not with not starting >> that wasn't done clearly in here though. I I attached that more for in I I attached that and these guys prepared it more for information as to how how the
cultivation works not with respect to the site improvements. That was not the intention. >> I mean you got you got sidewalks. There's there's talk of solar panels in here. There's >> solar solar panels in the roof that that still can happen. I'm just talking about site site work with respect to park.
>> It doesn't say on the roof. It just says solar pan unless I'm wrong. >> No, you're not you're not wrong. Solar panels. We'd love this to be a big operation. We'd love to to build a big addition and do the whole site and have like a brand new commercial site. We'd like to get started with the whole bait and see if it works, see if it's
viable and then work on the site and do the site. The idea the reason why you you didn't why did you pick this? A lot of so a lot of I think what was submitted there was kind of some of our generic ideas for our
um and it was kind of like our shot at the application of >> So is this more of a wish list >> or is this what's going to happen? >> That's that's best best case scenario. >> What's the worst case scenario?
>> Paint paint the building. Put some awnings up. Do some landscaping. make it look nicer from the road, improve it as much as possible without putting a parking lot in, without putting sidewalks, curving, etc. >> I read all that. I kind of interpreted that as if they came back for a phase two of the site plan or if the board
denied this application or denied the um the site plan waiver, then all of that stuff will apply because I they're not going to be able to propose things like that without having to go to the commission as well. inside. >> However, we could we could provide
landscaping without one of the >> Yeah, you could do that. You could replace the the service walk, things like that, right? They just couldn't add like perimeter curving and sidewalk at all. >> They can put solar panels in without >> they could put solar on the roof, but not they could not do a ground mount system. Um the other thing I'd like to
highlight that um is the proximity of this site to the stream that's between the building and avenue. So, they're going to have significant restrictions on um you know, outdoor additions at least past the footprint of the building. Um they they'll have some um
protections and some rights because the building counts as intermediate development. you're allowed to develop like from the building on towards the terrace um with some things, but developing this site and expanding like adding a parking lot and all that would be a significant challenge because you're going to be in wetlands wetland
buffers. >> And when when you talk about the money, is that the current building or is that with your >> So that's with the that's with the additional approvals. That's actually the the current I believe other than the
buildout. Um the revenue uh is pretty this facility >> current that if you moved in there tomorrow and started these numbers would be good or as good as you can guess. >> I read I read that as whole facility.
>> Yeah. if uh so one thing about this this property uh specifically I I do love the they had the concrete pad for possibility of expansion and then it did have that large shed on the property that um you know I don't know I didn't I
didn't want to get ahead of myself because this is really like a research and development project we want to team up with individuals to study the root system and find within that as well as uh that top tier. Wow. I had two
patients in um that was kind of homework from 2021 when I got started. Uh we you started this process in 2021. >> Uh the dream came alive. Um I started working with the cancer foundation. You
know there was a lot >> you also mentioned Tom that you would generate some money don money back to the city back to the school system. >> Yes. Yes. >> And that and that starts that would start now. Uh that starts once we're revenue generated. Um and that would be the 2% um tax for the
township which is estimated ballpark 40,000. >> So So if you got a yes vote tonight, what would you actually be able to do to that building? What could they do to that
building? So, pretty much everything I talked about, landscaping, awning improvements, if they wanted to add solar to it, um any any building improvements that are not, you know, site, not creating new perk service, um because they have an existing site that seems to have a history of sort of
industrial use, they're allowed to reoccupy. if they came in um you know with with a similar type use if it was manufacturing vuls for uh you know cemeteries and now they're going to manufacture something else that's similar they want to manufacture concrete flower pots they would have
just came in application and using operations to build but because counter sculptation is not a permitted use and they have to come in so that's why that's the truth >> and then one more thing your hazard
weeks that would be kept in the building. Never outside. >> Never outside. And uh we have quarantine area that as far as hazardous small collection uh everything is a secondary
part of the system. inside till it's collected. >> Yes. And then we will have clean as well as >> Would you have to put it in drums? >> Yes. Yeah, it'll be collected. >> Your employees going to be parking in
the lot or in the fence in lot? Uh not necessarily the road behind behind the building on the property. >> The ground area is behind the fence. >> No, it's on the side. It's on the side street.
It's about half maybe half out outside the fence and half in. >> Correct. Yeah. Yeah. But if I have to notch the fence everybody, like I said, we're open to the concrete. >> Well, unfortunately, your your tenant across, not your tenant, but the person
across the street. >> Yeah. >> Doesn't follow any of the rules and they park everywhere and anywhere. >> So, the unfortunate aspect is because some people can't follow the rules, we have to impose rules to try to make sure we can control it. So I think if you
were to bump that fence to back >> so that way that gravel area, it's already gravel, you know, you could park off the street, no hindrance to the alleyway or anything else. I think that would be a pretty good move just and just, you know, maybe
6x6 or something to define that parking area and make it look clean. >> You guys have that? Yeah, I mean >> just out of curiosity, why don't you want to sign? >> Uh it's unnecessary. We don't do any uh
I mean it kind of puts a target on you as a cultivation. So that's one. Uh I believe there are some sign restrictions on cultivations. I'm not positive on some of them, but um overall we're business to business. We're not
going direct to consumer by any means. And um you know for safety we don't want anybody thinking that there's a million dollars in this facility >> for a bunch of pots coming. >> Yeah. >> I think our last advocate on Brandon Avenue said to say that he wants a very
small sign because he doesn't want to advertise. >> If you had a small address the name of Humble organ >> you leave that open to >> I'm in case you decide to. Yeah, it >> so the building can be ident identified where you guys are. >> It does not impact our business
activities. >> I was just curious about that. >> As long as there's a clear address on the building, I mean for for first responders is the most important thing. >> Well, I had a question. Um, I just pulled up the U I always check into the
P lands interactive map and when I'm looking at it that's the property and it's right in the center of the wetlands and the light blue is the wetlands buffer and I know that can be reduced with public and public sewer. Do you think they're going to permit any of this to happen if it's in the wetlands
especially an additional addition? >> Well, the the building already exists, right? >> An addition could occur on an existing impervious service. >> Okay. Um the wild card is how do you deal with storm water when you add on-site parking and other impervious to the site. Um you do you can get the
buffer reduced all the way down to 50 feet and um sort of what I discussed before was interating development. Um so if you have development that is closer to the wetlands already you're usually allowed to do some development with some additional restrictions or requirements
u behind that you know already intruding item. So I think if if the building sort of sets the the perimeter of that they would be able to work towards the terrace from there >> which is which isn't that that >> there's not a lot most I mean it's a large property but most of the property has remain undeveloped
>> and you know that >> yes we have and that's why we're asking for site plan waiver to do what what's there right now and the use variance for the expansion but not the site plan because it's a very good chance uh my my view of it is not as optimistic as Ryan
In terms of what we've done in the pilots, I've had a number of projects denied that were very similar to this in the wetland. They weren't in the wetlands, but they're in the wetland buffer. No, the answer is no. So, there's a good chance we won't be able to come back, let alone whether we want
to or not. So, >> the other question I had is uh for the the cannabis cultivation, is there a certain amount of licenses we have for the city or we can have as many as possible? >> No. Um so the the city has no limit on the number of cultivators, manufacturers, delivering um services or
one other class that uh but we only restricted the number of retail locations. >> Okay. >> Um you know because we talked about you know what what visitors are in industrial park and like if the next three are cannabis is that really going to impact anybody in a negative way and seemed like the answer was no. So >> okay and currently we have two
cultivations in Industrial Park. One's up up and running the other one's being built. Is that correct? Uh yeah, the other well the other one is I'll call stalled. They cleared the site and then are sort of not active at the moment. >> Okay. >> Uh but yeah, there there is um in in the
I don't remember what exactly what the address is, but yeah, they they started in like one and then they expanded to another. So they actually have to um go back to the city to expand their license. Yes, there is a functional cultivator there. >> We just had one come before a couple
weeks ago, a couple months ago. >> Okay. Oh yeah, he he started so clear already. >> Yeah. >> I I just had a question. So Tom, so you're going to be running this facility, right? Are you're not the owner? >> Oh, you're the owner of the building.
>> No, >> right. So So Craig's the owner of the building. So will you be leasing it or you will be purchasing it from him? >> The the building. >> Well, that was my question because I I see the property on the market for sale. So it's actually on looking for sale. So
your potential buyer is looking to purchase this and then ask for a variance to approve it in the HC zone. >> Ask the variance first. >> Yeah. >> So it's contingent upon, >> right? >> Okay. >> I don't like I don't want to say that. Everybody feel sorry for anybody.
>> Oh no. Question. >> Yeah. So it's contingent upon getting the approval to purchase it. So, of course, you know, Craig wants students to approve it. Well, we do the design for that out in the industrial park. We have plenty of facilities out there. So,
so if by chance we don't approve this tonight, you're not purchasing the prop and you're just going to move on to another area. But you're right. So, there's no hardship on your end because you don't own it already. you know, Craig owns it
and he's hoping that we approve it to sell it >> to make some money. You have any interest in what we're doing? >> I'm going to I'm going to actually help Tom and actually stay on construction and I'm going to stay home and help them
actually and I live in Florida. So, >> anybody really interested in it? It's got to just use it and not come back. >> Yeah, I see it's been on the market for a while. >> Yeah. >> Had a listed higher price, you just
reduce it, but commercial market isn't really that hot right now. >> Um, so that was my question is, you know, the hardship isn't really for you for for it's he's looking to >> not we're not saying
any justifications. I just I just want to get a clarification because I know it's on the market for sale. So those are my questions. >> I'm sure it's cheaper to remodel than this. This facility has power for us.
>> It's a very clean city. >> It's very secure. It's a block building. Been there forever. The thing has been through many weathers and uh it's got threephase electric already in it. So all the bones are all there. Plus it's a super secured building. Plus, the for
watering stuff or plants, it actually does a lot better to build concrete building today is more than steel. Most guys are doing steel and they're not out and they're not as secure. >> Wade Wimber, he's done it. That's where he he sold it a couple times. >> Y
>> that's what we have. >> I think my question my personal feelings is the building's just sitting there. it it has no negative impact as you said to the community. So I >> I think it's good engineering.
>> Yeah. So I'll skip right to the technical part. I think we did a good job covering what the proposal is and the the negative positive criteria on that. There's a couple of things from my general comments. Um the proposed use of the shed structure and the condition of
the sheds was a question we had. So those use um what we call the current condition of it whether >> it's >> yeah it's good shape it's got a little it's got a little rot on the exterior but as far as it's it either needs to be
replaced or maybe reshed or whatnot depend the the shed not had a zoning permit it's not permitted it was moved in there without permission >> okay >> years ago >> but even before the owner but nonetheless
This is our opportunity to do housekeeping and bring everything up to standard. >> Yeah. >> You want to see a question? >> Well, let's hear the rest of Ryan's report. And >> um so the other things I comment on were
that the discuss ADA regulations for parking and whether there's an accessible route to the building. As long as we can do that without triggering the site plan, we we can provide that. I I happen to do a lot of
expert witness work for ADA and we have been able to add let's say a concrete pad and then a concrete walk to the to the uh walkway to the door. It needs to be done without having to trigger sight. Um and yes, that should be done if we're
successful here. But again, I'm hoping not to trigger a slight point. >> Yeah, that's um you know, I think we have uh enough existing concrete area to be able to do it on I think um >> yeah, the driveway part doesn't have to actually provide access
paved to the parking area. So >> right tag and then provide a route less than 500. >> Okay. Go back to that.
>> Yeah, fine. Go do that for the board. It would literally just, you know, consist of a small path from the concrete over to the front door so they can provide accessibility. [Music] you know, under normal circumstances, they didn't have to cover the use fair. That would just be handled in the building department.
Um, uh, adequacy of any existing exterior proposed site lighting. We didn't really didn't really talk about hours operation. It was mentioned in the, um, the application package, but it said it's a it's a work days workday
schedule overnight, not not man. Um, no additional site proposed other than lighting by the doors. safety lighting and cameras of course. >> Correct. So just egress lighting. Most of the parking is right near that one door, that side door. Correct.
>> Yes. >> Um so like a a building mount light there to eliminate that space. >> Right. So maybe some more buildings mount lighting would be appropriate. >> Yeah. Also electric. >> That's true.
property. >> Yeah, there's a looks like there's an existing cobra head on the pole facing towards Atlantic. Um, so yeah, I mean that that would be an option of flood back towards the property or something like that. But yeah, I I do think a wall a wall back on that side would remain
that because that's where all the parking is on terrace side. >> Yeah, there is a there is a wall back. >> Okay. Well, then there you go. So that's the existing answer question. Um and then the last question I had that I um
that we talked about a little bit was that the the city has an ordinance which requires an outdoor park trash closure. Um can you talk about the volume of trash anticipate generating that would not need to be disposed of in some other manner like you have the hazardous waste
you have the canist which has to be soil do you expect to have like normal trash bin what kind of volume you anticipate I'm on a percussion so uh I would I always prefer a very small
dumpster but um We are trash. Overall, it's really just excess pretty much >> recycled from stuff coming boxes. >> Yeah. And then we get cardboard boxes,
bottles, like nutrient bottles, stuff like that. So, mainly a lot of recyclables. >> So, you you could do it with the large recycle bins that AC provides for doctor. Um yeah, we could we could
>> or or two two big bins. You got that's what >> right? So if you have a dumpster um the dumpster has to be kept outside and then if it's a dumpster is outside has to be in a fire enclosure which is typically block walls an opaque usually metal
steel gate on the front. Um so you know if you need a dumpster we want to flush that out now has that requirement and we've been very strict about that. The regular trash enclosure would be required for brick for normal trash. >> Yes. I mean for for any commercial
industrial business trash enclosure. >> Um right. Is there is there a limit to bins? >> I think what they want to hear is we provide trash enclosure. >> Yeah. We've had uh numerous applicants
come in and say yeah we trash inside and then like they sell a building and next week they're outside. >> Right. >> It's very difficult to control that. fireproof trash building across the street, >> right? When when they ever come in, we'll have that discussion. So, you
know, we're here today for this. >> So, that can be a condition. Any questions for Brian? >> No. So, what was the outcome of the shed? I mean, you use it for landscaping equipment, yard work. I mean, storage
stuff. >> Okay. We're not asking. We're not asking to use it for this operation. >> It's a big lie. I know you're going to use it for landscape equipment and things to maintain. >> It' be nice to have it for storage, but
since it's technically not, >> well, you could get a you could get a zoning permit to put a shed in if it, you know, if it meets the regulations. But >> do that. >> I do think if we could get a permit that would be great for extra storage. seems to be a location where that would be.
>> Yeah, I I will say that removing it would also limit the potential for that intermediate development exception contract because if you remove it now, you have significantly pulled back the limit of the development closer to you guys trying zoning permit for it.
>> They need a zoning permit for it since they bought the property with it on it. Looks like I mean I don't know what the setbacks are, but it looks like it did some >> I mean technically the city should have some documentation. um you know just memorializing >> anybody's got
a can of worms. >> He shut it down his office. He talks to the pay $50 and he signs off. >> Beat the setback. >> The the fence was put on the on the back side on is put at the 50ft buffer. That's why the back side runs on angle.
It set off the 50 foot buffer fence. I I have a couple of questions and comments. So, I I read the the applicant submittals uh and you you mentioned 18 wheelers.
>> No. Uh yeah, that that may be originally just for construction just to bring in IPM panels for like the day to drop them off. Uh but overall, this is such a small facility. Um there there is no
all deliveries and all deliveries coming in will probably be through UPSL like a standard service and then any going out of our facility will be leaving uh a standard car transit van.
So would the would the movements in and out be within the fenced area? Like if they come in to take out deliveries or make or make pickups, they would come in the fenced area. >> Yes, correct. >> And and what kind of vehicles would would use that?
>> Just a transit van pretty much a delivery vehicle >> and passenger van. Uh, pretty much a messenger, you know, >> I this this I'm only questioning you because it was in your submittal and
your and your business plan. >> You're not going to have any other stage staging street deliveries, anything like that. >> No, no, no. And it's going to be it's going to be brought back to to the garage door, too, and basically brought into the building. So, it's not like they're going to back in, drive over to
the garage door, and put it in the garage. >> Okay. Well, I I know you folks are trying to fasttrack this application and and I think that we've accommodated you by by having the special meeting so that we could do it. Uh but I I have a I have
a problem with uh there was no mention in your submittals about this proposed addition. >> We were not planning on doing any addition. I I I maybe that's the case and and we're talking about this now,
but it wasn't in the submittal and I don't know how in depth Brian read the the survey or or whatever that that you've submitted, but uh and and us as board members, >> I suggest that if you're more comfortable
with the variance, the variance just applies to this building and if we seek to do the addition, we come back for for both. >> Okay? because I and with all due respect uh trying to slip something in when nobody's paying attention. Okay? Now,
I'm not pointing fingers or saying anything. I'm just saying that's the way that it appears to me. >> Excuse me. I'm talking, sir. >> I apologize. I'm sorry. >> Okay. So, you you're you're asking for a lot of
things here tonight. Okay. And we rely on Ryan's expertise and his review of everything. And everything that he has questioned here should have been on a site plan and and now we keep piling on more and
more stuff that you're asking all of us to make a decision on. And we we need a chance to think about this and review it. All these questions that you're asking tonight, yeah, we're going to put a couple of trees in, but now it's trees and now maybe it's sidewalks and maybe it's this or whatever. And I'm thinking,
you need a site plan for this. And and I'm just being upfront with you because I've been up here 20ome years. Applications like this don't farewell with me. And that's just my opinion. And I'm only one vote up here. But I it doesn't pass
my smell test. So the shed and and all that, you know, get a permit for it. I don't have a problem with that. But we're trying to do too many things here and everybody's confused. I think uh that you're you're
in a a non-conforming zone. So we if it was cut and dried and we didn't have all these other questions, maybe we could do that. But it just seems like it's getting more and more complicated the more we talk. So I don't know how we're going to re remedy this. And I and I hope that we
can. But it keeps looking more and more to me like there's too many questions. And we need a site plan with something on a drawing to say this is where the fence is and this is where the driveways are and this is the traffic circulation like all the other site plans that we have in here for commercial development
and and I and we bend over backwards at this board to try and accommodate people when we can but we've pushed past the limit as in my opinion. So that's all I have.
>> May Can I suggest that as a position of the approval that you submit a plan to Ryan that shows just the trash enclosure and and landscape that that's that's I mean I I I'm just if that I'm just throwing that out there is that would be I mean we're not trying
to do anything on fast track when I and I apologize for interrupting. I just wanted to I wanted to address the the addition because you know Andy mentioned it so I didn't want anyone to think that we're trying to slip anything in. >> I I think that that should have been in
the application so that Ryan could consider that and in his report and review to us he could have said in there they're also proposing possibly another addition to it but that's not in there. That was sprung on us tonight. And I
like as I said the board's more comfortable the board is more comfortable withdrawing the use areas for any addition. That's fine. That's fine. I don't want to confuse anybody or make slip past anybody. Really what we're talking about is flowers,
landscaping and trash culture. And we'll be happy to show you on on a revised plan that we submit before a zoning approval is issued. >> Okay. Discussion from any board members. awnings light on lights around the building doesn't >> the building should be lit up >> the current there is currently lighting
on >> we can document >> we we can document the existing lighting if more is needed from Ryan's point of view we can do that >> and with the building invested with the vestib sure we'll put in the plan I don't think we're asking for anything in that regard
that's not beyond a typical plan being submitted condition of approval with some things that come up during the hearing Well, except that when Ryan gets the plan, the board doesn't get to review that >> and we rely on his professional
discretion to do the right thing for the city and with which he does. But nonetheless, when we have these public meetings and all the board members are here, we expect to review all the information at that time. And we like to we like to do things for people and and
facilitate, you know, projects going on. But uh I think we have a responsibility to the city to do the right thing on our side. >> We appreciate what you do. I just I had a question currently we don't Ryan we don't need use the use
variance we don't need actual plan as we were saying before correct >> so plan >> different >> yeah right I was just it's different for every use and every application I think the example I gave earlier is you could reoccupy the building with a similar use
without making any changes just come in for an emergency license and building permit for whatever improvements and you could reoccupy it um the fact that cannabis is not use in the zone and um you know whether it's similar to prior use of the building or not um you
require use variance um so and and I think to Jack to your point um the the phase 2 portion it is included in the application on just on the plan so it was not clear um I I understand why they're trying to include it because if
they come back with a site plan to expand the building they just don't want go through the use variance process again. But I again to your point, I I do think that would potentially be beneficial because if this is going well and they want to expand, you know, the
the impact uh of this facility is sort of an unknown at the moment, right? If they occupy this building with this use, we have what they're telling us. We don't know exactly how it's going to play out. So if they decide that they do want to expand and expand the footprint um you know double the size of the building essentially into that concrete
area um I do think it will be helpful for them to come back and see another experience because it's possible that you know the city doesn't agree at that point um and would like you know the opportunity to say no no no what you have now is you know that's enough but we don't think it would be appropriate to expand. So, uh,
a use variance approved tonight, but how does that impact a proposed addition? Wouldn't that be covered regardless? And you just need a site plan to put the addition? >> No, because it's not if it's not a u if it's not a permitted use, an expansion of it is an expansion of the
non-conforming use, which requires another a slightly different devariance, but same idea, still a use variance. So to expand a non-complian use, you have to come in and give use variance for all types of purposes. So uh I think they were trying to get through and say like okay if if we don't want to do the use
variance thing again. If we come back to you we'd like to come back for a site plan and see variances and you know those types of things but then the use would already be permitted in the expanded footprint. So that that was the ask. Um, you know, you you got to certainly have the ability to say, "Look, we'll permit you to do that in
the current building and the current footprint, but not permit you, you know, not not include the the requested expansion and as part of the use. So, you know, you're more comfortable just giving them, you know, permission to do it in that building. That would be use
for that and not come back for the use the expansion, >> right? If if and when they decided to expand, they would put together a site plan. and they would come back in for um a use variance and >> Okay. Can I say something? From what I
could see here, it's that this young man wants to buy the building in the future. If he gets the um if he gets the approval to be able to um
do what he wants to do there, which is not permitted according to our rules and regulation, it's supposed to be done at the industrial park. So once he gets that variance approved then he would have to go to another step maybe buy the
building and maybe decide he wants to expand it and that he's already got the variance which means he can grow there whatever he wants. So I think that they're dumping a lot of stuff on us like Mr. Peterson said that we cannot decide on. It's one thing before the
other. Don't put the car before the the horse. um if he gets it approval, I'm sure he'll buy the building and then it's on him to bring the necessary documentation so that we can review it and decide whether it's approved or not,
whether he wants to add to it or leave as is. Am I correct in my assumptions or no? >> So, it it depends on how you know what level of cover you have and what you would want to approve this evening. You could you have the option to just approve the use variance and you and
require them to come back with a set plan. You could just approve the use variance um and allow them to proceed, you know, with the site as is as described in the footprint that it is or you could give them use variance for what's there an expanded footprint um
and then just anticipate or know that they would have to come back with a site plan if and when they're going to expand. >> Right. So for excuse me for your interruption he has not documented he has not requ of mouth >> we're going to withdraw that >> it yeah it is it is listed on the plan
but I I think to help for everybody's sake I do think it makes sense as M just indicated to withdraw that and limit it to just a use variance for um cultivating cannabis in the existing building um in the manner that was described tonight and then if and when
they ever wanted to come back to, you know, expand the building onto that concrete area. Then they could come back for another use variance, which would be the expansion non- plumbing use and the site plan. Because at that point, if you're expanding the building, we're anticipating them coming in with parking lot and other site features.
>> Well, if we got to that point, the problem wouldn't be with the board. It would be with the pineelands. >> Well, yeah. Well, ultimately it would be harder to get through that >> and and and knowing the Pineelands and knowing the site, I don't want to predict the future, but I >> that's a battle that you're going to
spend a lot of money on. >> A lot of money, a lot of time. Yes, I agree. Um, right. So, I I'm trying to help to frame it to, you know, remind that if someone again, if someone came in and wanted to occupy this making flower pots out of concrete, they could just go to the construction office and get permit and start doing it tomorrow
and just reoccy the site. No, no improvements. painted in order to put a fence up. >> Correct. They can just they can just reoccupy the building and then rebuild there >> because this is for cannabis which is not permitted in the zone. They have to come in for use variance. >> Right. >> So if we give them use variance, they're
doing something that is substantially similar at a building that has traditionally been used for light industrial type uses. So it's similar to the way that the building has operated for however long it's been there. It's just a use that's not permitted in the cell. >> Okay. >> Right. How
I was still confused on why the other gentleman had to come in. You you explained because it was cannibalist. >> Is it very similar to the gentleman who we just approved to do a second building in the industrial park. The building's already there. He bought the building. Didn't come in with a site plan or what
he's going to do any changes. He's buying the building. He's going to replicate what he's already doing in another building. But he had to come in front of us to get approval because it's cannabis. If you wanted to do plumbing >> business, heating and air conditioning in the house, >> he would have moved in that day. But
because the word cannabis is attached >> has to come from Is this is this the same thing or different? >> This is a little bit different that that was in the industrial park and any per any industrial use that's permitted in the industrial zone can go there without coming here except cannabis because it's
a conditional use. One of the conditions is you have to come here. So in that one, the only reason we're here is because it's a conditional use. In this instance, if another industrial use wanted to come in, uh let's say you want to paint car bumpers, you want to be, you know, you want to be a neighboring
business to across the street, so you're going to bring car bumpers in and paint them or do something that's more industrial. Um if it's not substantially similar to the existing non-conforming business or the last business that was in there, then you still need to use variance. So if someone came to us at
this site and wanted to do something that's not substantially similar to what has happened there in the past, then they would have to come here whether it was cannabis or not. >> Does that make sense? >> Yes. So >> what was it in the past? >> Yeah. The indications I have is that
they they made cemetery when um probably 20 plus years ago. >> I say longer than that. the last 20 years. The storage garage >> and there was a sign decals. >> I think Craig, you just bought it last
year, right? In 2024, >> couple years ago, >> right? And it was vacant for for quite some time beforehand. >> It was a original use was a paint factory. >> Yeah. Yeah. Okay. Well, there you go. in in the zoning principle is unless you
actively abandon a use, meaning like convert the building to something else, even if you don't use it for 40 years, you're still entitled to that use at that site. >> We actually just have very similar there's a gentleman that owns a lot over near Atlantic and New York and it's it has a little fencing enclosure and it's
used for storage like 30 years ago and he was able to go through the history and figure all that out. Now he's clearing it again and intends to use it for storage. this was never actively abandoned. So he's allowed to resume that use even though it was you know in theory abandoned for a long time. So I I would say the similar situation here
it's it's light industrial a mix of you know sort of similar light industrial uses. But if somebody came in and wanted to do something that is permitted in the industrial park but not in the highway commercial zone and is not similar to things that happened there then they would have to come to this board again
kind of disorder. So, so coming in just for the use fair. So, not required to do anything to the building, any improvements, any planting of trees. >> Yeah. If >> so, anything they do is really only put on >> extra that we put on. >> Correct.
>> So, don't want to get rid of the >> Yeah. All the other stuff >> and you're just going to stick with what you have. >> That's exactly right. >> Everything else. >> Yeah. Everything else would be a condition that the board imposed upon them to grant them the experience. for the parking lot permit for a shed.
>> Um, >> assuring that the lighting around the building is sufficient, things like that. >> And I'm assuming the state has a lot of oversight on >> your requirements for security, lighting, and and all that. And that that's that's out of our
>> whole application process for cat uses in >> seems pretty simple. >> Here's what I'm thinking. this this what I called the wish list before I read this and I thought this was a home run. So I well we don't none of us
have to argue about sidewalks and curbs and you know landscaping and you know the whole nine yards but then when you come here you know there isn't a site plan and I get it. Okay, I understand the reason, but then
you find out that this whole this whole deal here depends on if they're coming back for phase three and then their own man says we probably won't be back for these officers. And I
get it because of the pine lines. I I I I get it. I get it. It's a It's an old building. They're going to fix it up. They're going to make something out of it. city's going to make a little bit of money, but the way it's presented >> makes it just looks bad the way it's
presented. >> Okay. So, let let's let's put some conditions on it. >> Summarize >> and talk about a resolution. >> Should we open it up to the public before we do that? >> Yes. Anyone from the public wishes to speak on this application?
>> No public comment. Thank you, Rachel. Okay. We're going to make the shed legal. You're going to put a trash enclosure in. Was there >> Do you want me to read off? >> Yeah, go ahead.
>> So, the first is to, as Mr. Schaefer suggested, apply um provide that log of the air scrubbers and the manufacturers's recommendations on a monthly basis. Um, >> can I suggest that we modify that to make them available to the city upon request because the clerk is going to
hate us if assumes blonde that she's got to find somewhere. >> Absolutely. Um, as far as the shed, apply for a zoning permit for the shed and on the chance it's denied, remove it. um the ADA compliance, adding a path
from the existing concrete pad to the front door to be ADA compliant. Add a fireproof trash enclosure and submit a revised plan to Ryan with proposed landscaping, a trash enclosure, sufficient lighting around the building, and anything else Ryan believes is appropriate to submit there. And that's
what I had. >> It was pushed back the fence to make the parking lot um off off street. >> Yeah, I wanted to ask you about that. Is there any sight issue about that? >> Why can't you just park inside the gate? >> We could do that, too.
>> And leave the fence where it's at. >> Yeah, I mean existing pad. We can park on the existing concrete pad. Put some bumper stops there. >> Yeah, I think >> Well, you're just from your pictures, you're already competing with the neighbor across the street for parking on the street.
>> I assume you were trying not to park in the fence in line. That's why I suggest move the fence back. the gate, right? >> Yeah, I think that would be a better condition requiring any employees or people at the business to park within the area.
>> That makes it easier for your ADA access. >> One other thing that I would like to add, uh, nothing is to be stored outside of the building. No containers, no Ryan, give me the list of whatever can be on there. There's a there's a whole ordinance section that that discusses
it, but yeah, no outdoor storage of um materials or um and no no outdoor storage no outdoor search of trash or trash enclosure outside of the um no storage trash receptacles or dumpsters outside of the trash
enclosure. Yeah, there obviously compliance with the the ordinance requirement for storage of trash and debris and whatnot will be required. Any other comments? Rachel, uh, reframe the, uh, the
ordinance, please, the resolution. >> Um, so, as you all know, we like to do the motions in the affirmative. Um, so the applicant is seeking site plan waiver and approval and a use variance within the existing building um, on the subject property. So the motion sounds
something like um granting the applicant's request for recycling labor and approval and use varants to operate a cannabis cultivation facility within the existing building at the subject property with the seven conditions that the board just
discussed. Um I can recap them if anyone would like me to. >> Please do. >> Okay. The first is for the applicant to provide upon the um clerk, city clerk's request the maintenance sheet of the air scrubbers and the manufacturer's recommendations to apply for the second
is to apply for a zoning permit for the existing shed and if that permit is denied to remove it to become ADA compliant as far as adding a path from the existing concrete bad to the front door to um install a fireproof trash
enclosure to um submit a revised plan to Ryan with the proposed landscaping, trash enclosure, sufficient lighting around the building, and any other existing or proposed conditions, which Ryan believes is necessary or appropriate. Um, for all parking to be inside the fenced in area on the
concrete pad on the subject property, and for nothing to be stored outside of the building, such as material, the trash, the tra dumpster or trash recepticles outside of the appropriate trash enclosure. Some >> make a motion. Make a motion. Is there a second?
>> A second. >> Roll call. Donald, please. >> And just a reminder, would your vote please say a reason why five vote? >> Yes. I think they met all of our conditions and the positives outweigh
the negatives. >> Walker. >> Uh, vote yes. It's low impact and, uh, the city has got Mr. >> Yes. For some reason there's no impact, no negative impact to that environment.
Now the building is getting put into use and it's being beautified. [Music] >> Yes. >> Oh, let him take a chair. young man looking for a good future. Let's see.
Let's give him the opportunity. >> Michael McKenna. >> Uh yes. And very similar use to what was previously there. >> Mr. Molina say yes. And the same as Glattus. I feel the same way.
>> And Mr. >> Uh yes. Um along with the conditions are are satisfied and um it Yeah. definitely would improve the neighborhood. I think as long as you can get through pineands and wetlands.
>> We approve. >> Thank you very much. You're welcome. Thank you. >> Good. Good luck. >> Thank you. >> Good luck. Do more research. [Music] >> Any old business? I I did some I had some old business. I
was when I came in, I was speaking to Rachel uh from our last meeting from the groceries. Um again, uh we we typed up the resolution on there. My questions and of course I I was the only one in here that denied it because I live on that block. Kim Kim Kim Hess lives on
that block. Our mayor lives on that block. I go past that property five times a day. Um, and I know um, we we approved it and it was already non-conforming use. It was undersized when it was built 50 years ago. They came up. We felt as though it had no no
issues. It's a it's a tiny tiny line. Um, on on um on your application there, I think it was 12. Uh, I I brought it in. There was 12 required parking spots. They're requesting only seven. Okay. Now, I I live there. I live there and I
drive past it every single day. Just last night, six o'clock, they're all home and we approved it with seven parking. There was uh 13 vehicles parked there last night after they were closed. They weren't even in business. Um I went by
today and I had asked for, you know, a right of way. I mean, literally, I got a picture today of one of the vehicles, there's not enough parking on the lot, and they're going to propose a two more bays and most of the cars that are
there, the 13 are where the garage is. So, I don't know where they're going to go. Um, but in front of the White Horse Pike, I mean, that's their two access. So, today again, somebody's parking right in front of the White Pike in that view. um which we haven't even granted
it or written off on there. Uh today I went by at 4:00. They had this and I don't even know what this vehicle is and Keith you might you might be able to tell me what this vehicle is. But now there's not enough parking in the parking lot and that's parked out in the residential neighborhood
that what is that? It's a tow truck some type of a vehicle. So, so it was the truck was parked there in the view and now they're parked in these major things in the residential neighborhood. So, so my question is I think it was a bad
decision but unfortunately it's been approved. But my question is who's going to be enforcing these issues? Okay, because we said there's seven parking spots. There was 13 vehicles last night or 15 15 last night, 13 the night before. Last uh week there was two
vehicles parked in a rightway. There was one parked there today and now we have commercial vehicles parked in one of the residential neighborhood. >> Can you show me what the statute is for this commercial vehicles? >> Yeah, this is comments from the board. >> Yeah, >> I'll I'll open it up to the public as
soon as Mr. Furch is not. >> I'm sorry. So, so again, so I mean now that's going to be parked in my street because there's not enough parking spots right now on the building and we haven't done the addition. So what's going to happen once they do addition? like who's going to be enforcing this? Am I the
person that's have to call the city every single day that got something parked out there and this just happened just got approved and they're not even the regulations not even signed off on and they're already taking advantage of it. So that's my question is is who enforces this
>> that they're allowed to park them public parking on the street? >> Well well that was the concern I had. The lot is under sight to begin with. >> No, but there's nothing to to stop them. They're registered and insured. >> They're allowed to park on the street. >> So you you
>> I get it. It's a residential neighborhood, you know, but uh >> you could check with code enforcement andor the police department on whether registered commercial vehicles are allowed to be parked on this on the street or they have to be parked on lots. >> I can assure you they are allowed.
>> Okay. Yeah. Various towns have various >> car has some streets you can't park school buses. >> Yeah. Campers. >> Yeah. >> You're right. You're right. cameras are limited very this is not you know we don't deal with this typically so >> but it's parked again right in the right
away so again it was at 4:00 today so I guess my concern is I know we had an opportunity it was voted I shot it down but I live there no one else lives that block I mean we talked about your husband you my wife every single day
it's an issue um but and again it's approved we can't do anything about it but who's going to enforce it every day. >> So, typically it's code enforcement and or the police department and um as far as I'm aware, they have not like deleting we talked about things like deleting the site triangle and keeping vehicles out of the site,
>> right? That's put in there. Yeah. >> Right. So, there there are conditions of the resolution which um the enforcement is enforcement. That's enforcing the conditions of have to call them every day because there's not enough parking and
they got approved for three vehicles they can sell. There's not enough spots that the lot is undersized and the and the garage hasn't even been built yet. But that was my question. So it's it's good. Okay. >> Any other comments from the board? Open
it up to the public. >> So what I would suggest is if you do have >> sir, if you could just stand up, say your name and address. >> My name is David Dressa. I live at 203 lamps Landing. I am the one of the owners of 1401 White Pike. Uh I believe
my mother and my brother who were here on the actual initial variance hearing I was unable to attend. Um if you do have any type of concern uh we would ask that just like anyone else come to us like normal human beings and and just talk to us. We were trying to do everything we
possibly can to conform to whatever needs to be done. We want to be part of the community. We don't want to be an outsor of the community. You know, I would say as far as my tow truck, I drive that truck home every day. It gets parked in my driveway at home. It is not
staying there overnight. If it does, it gets put in the backyard behind a fence. Uh I do know that there is commercial zoning in some towns where there is no commercial vehicle parking on city streets overnight. That truck, I assure you, will never be parked there after
business hours when I am not there. It will be in the yard. Uh, as far as a lot of other vehicles that are there, there are some that are there now that have been there, I admit, too long. They will be removed. Um, sometimes we are up against some battles of parts. Getting
vehicles in and out in a timely manner is something that we are definitely something on. There is probably one truck that you may have a picture up there that has only been there for two days. So, we're doing our best to try and keep everything clean, but uh as far as anything else, if there is a problem,
please come to us like human beings. Don't treat us the way you would not want to be treated. We're going to try and work as best we can. But at the end of the day, if we can't build upon the city, people leave. And we don't want to leave. We've
been here for a very long time. I grew up in a crib in the office of that building. I want to make it look better. I want to be a part of it. I don't want to be, you know, an outcast of it. That's Thank you. >> No, no, that's fine. And I live in that neighborhood and again, we're looking out for the best interest of the
neighborhood to avoid any accidents. And like I said, in the last week, there was three vehicles in that view and they shouldn't have been there. We were just here in September. We did grant the approval. Just try and put them in a different location, but I know your lot is very, very, very small. In the
instance of where those vehicles parked, we do our best to keep them behind the actual sidewalk and curving that is out there. Uh actually and when we applied had preapplied for our state dealers license, we had to mandate that there are those spaces in the front and that
is when the state representative motor vehicle commission came in and had us paint the lines. Now we will be repainting lines of course and we are going to have to reconform to motor vehicle commission's you know statutes regulations and all that but that is
where the motor vehicle man said I want him here at one point they said RPM used auto >> right yeah well unfortunately he doesn't live at that intersection and have to try and pull out of oncoming traffic to see but we will do that in the future and I live in a neighborhood so we'll
just say hey move it back >> and sometimes When vehicles are dropped off overnight, I'm not there 24/7. >> That does happen. I know that >> fast as I can in the morning and people call me the lot ninja. I am out there moving cars and trying to keep everything orchestrated all day. >> I do the same thing. I drop mine after
hours because I'm busy during the day. Okay. Well, thank you for for your input. >> Is this open for discussion? >> It's open for public comments. >> Just identify yourself. >> Kim, please. Um, I just wanted to ask you, um, as far
as if you were to clean out behind the building, would that give you more space because there's a lot of, it looks like there's a lot of junk back there that doesn't >> you there house going on as the building progresses and we go to build things. There's going to be a lot of house
building >> because I think that could free up some space. You have no, you know, room to have junk. >> There is house cleaning this. Thank you. >> Any other public comment? All right. I just have one comment and and
I've been running my mouth here for a couple of years about this and we have the council representative here who's in charge of code enforcement and we've got our engineer here and uh we we just went through two
applications. The dega being one of them made them put in a trash enclosure. We just had another application to put in a trash enclosure. And do does does a place need a trash enclosure? No, you don't have to have a
trash enclosure. But if you go around some towns that have properties that have been approved that don't have trash enclosures, what do you find? Okay. So, we've just put conditions on
two buildings that are within 400 ft of the Dollar General. And for how long that building's been built from day one, >> the carts are in that parking lot lined all the way up to New Orleans Avenue
full of cardboard blown all over the neighborhood. and all I did is lip service or I get some cockamamey thing from the code enforcement about it was the homeless people or whatever. You people need to go out there and cite
them and have that stop tomorrow. It can't be. It can't be. Every day you go by there, the only time you don't see it is the truck just left and he just dropped off more and tomorrow the carts are lined up all the way down there. You mean to tell me you can't go out there
and write a citation to them people? What has taken so long? And you just got the guy across the street at the bowling alley who made him turn to and he walks out there and he looks at the stuff at Dollar General. It's not equitable. Something has to be done about this
Dollar General. And I'm not going to stop bitching until something is done. There's no excuse for it not to be done. Send a code enforcement guy over there and write them a summon. They've already been to court. It's time. A handholdment is done. They need to be cited. Those carts have to be inside that enclosure
right now. They are storing their trash outside every day. They're storing their trash outside. And it's not this dollar, just this Dollar General. Every Dollar General that you go by in the country is the same way. It's their business model and it's got to end. And it's going to
end here or it'll be the death of me. That's all I got to say. Any other questions or comments? >> Motion to adjurnn. Second move. >> All in favor, please say I. I.