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Video-1: youtube.com/watch?v=XXL_tdEqnaU

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two factory grasses every three days now rain is like the next day >> event was brought it up once

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the whole thing >> natural I don't know what it does >> some kind of minerals or on his front window. >> Uh it was

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early. Yeah. Yes. So yeah, >> you can stay there or go here >> doesn't matter. He's not going to participate. So >> okay, >> it's just semantic setup. >> Call meeting order with vote.

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Pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, liberty and justice for all. >> Okay. Uh [clears throat] this meeting

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was advertised pursuant to the New Jersey Open Meetings Act. Notices were sent to official publications of the aarbor city municipal land use board, the press of Atlantic City, and the Hamilton Gazette. A copy of the notice was posted on the board of the aarbor

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city municipal building. I now ask secretary to put that into the minutes >> and then roll call. >> Mr. G >> here. >> More here. Mr. Molina >> here. >> Mr. Brick

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>> here. Mr. Peterson >> here. >> Mr. McCannon >> here. >> Mr. Walker >> here. >> Mr. Hus >> here. [clears throat] >> All right. Uh, can I have a motion for the approval of the minutes for June 16th?

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>> So move. >> Second. >> Oppose. All in favor? >> I >> oppose. Okay. Motion carries. Uh, also approval on the resolution. I need a motion.

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>> I'll make a motion. >> Can I have a second? >> Second. >> Roll call now. >> Mr. G. >> Yes. >> Mrs. Torres. >> Yes. >> Mr. Mullen? >> Yes. >> Mr. Brick?

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>> I have a question. [laughter] I wasn't here last meeting. So, MC >> Well, that was my my question. This property address spike. Um I believe the purchaser bought it through my company last year. So I know that's a conflict of interest.

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>> Yeah, it is. >> So I probably Okay. >> Okay. >> So they're they're back. So yeah. So Georgia is here anyway. >> No, I know. with her bag.

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>> Oh, for for tonight's purposes. >> Yeah. >> Yeah. >> Gary. >> So now Gary has Gary has the voting. >> Thank you. >> Works out. See how that works out. >> Okay. Uh Mr. Peterson, >> yes.

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>> Uh Mike McKennon, >> yes. >> Mr. Ger, >> yes. >> And Mr. H. >> Yes. >> All right. Moving on. We go to old business. It's a continuation of the application for 1018 White Horse Pike

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for a variance relief. Excuse me. >> This is your conflict, right? Should I sit down? >> Yeah. So, for the record, uh, Mr. Frick will be stepping down and using it. I'm also here in the capacity as a professional family expert testimony

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from the positive and negative criteria for the D1. >> Okay. Do you want Tom to be sworn in >> um for the purposes of his planning testimony? Yes. >> But we do recognize that Tom is an attorney of law in the state of New

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Jersey. Uh but we will swear you in for your planning purposes. Sir, do you strongly swear affirm that testimony you're about to provide this evening will be the truth the whole truth and nothing but true? >> Yes, I do. Thank you. And the applicant, >> do you want to come up?

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>> And do you swear testimony you're about to ride this evening will be the third person? >> Yes. >> Mr. Perez, would you state your name and address for the record? Perez 605 West Co Street, New Jersey.

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>> Okay, thank you. >> Mr. Chairman, am I correct that you still have seven voting members? Yes. Going to recuse themselves later on. >> Yes, we're good. >> This is the D variance and as you know, we need five. Uh this is a continuation of a public

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hearing uh for preliminary and final site plan approval uh that the board entertained at the last meeting. We had a two-part application there. One was for uh the tattoo swallow on the lower floor of the building which is the permitted use of the HC zoning district.

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The second part of our application was for a second floor one-bedroom residential apartment and uh because uh a residential use on the second floor of a commercial building in an HC zone is

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not a enumated specific uh permitted use. We have to seek the one and at the last meeting we didn't have a full complement of the board. So we asked the board to continue the hearing. So, and now we have a a full copy a little bit

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for the achievements. Uh just to refresh uh the board's me the board's memory. Uh this property is located at Boston Avenue Pike and 10 Terrace. There's an existing commercial buildings on the property. It's known as 1018 White

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Drive. The lower floor is green area and final site plan approval for a tattoo bar on the first floor. What will proposing this evening receiving an approval from the board for a D1 variance to allow the second floor to

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contain a one-bedroom residential apartment, which is not a permitted use in the room. Oddly enough, residential uses are permitted in the second floor of the commercial building, but the ordinance says that it has to be a

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senior citizen and uh law does not want to limit the apartment to a senior citizen only and it's on the second floor also which they senior citizens like to be all one floor. So, so we're

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here seeing that variance on there. Um, under uh the use variance criteria, we have to demonstrate the positive and the negative criteria. So, if the positive criteria, if we can demonstrate that the purposes of the municipal land use law would be advanced by the approval, then

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that can support uh the grant of the variance. And typically uh the purposes of the municipal land use law uh are are uh are what we look to uh to demonstrate their special agency. So uh under NJSA

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405D-2A that's the promotion of the general welfare and [clears throat] what that means is is the site particularly suited for the proposed use and in my opinion it is for the following reason. The lot is oversized uh in the HC zoning

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district that requires 15,000 square feet. This lot is 24,000 ft. So there is in excess of 9,000 square ft of lot area. U also the u the lot is oversized with respect to frontages. The minimum

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frontage requirement in the zone is 100 ft. We have 160 ft on Boston Avenue and terrace and 150 ft on the White Pipe. So, this is a big lot, but it's oversized. Just as an example, in your R

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six and R9 zoning districts, single family dwellings are allowed on 6,000 square foot lots and 9,000 square foot lots, respectively. So, the addition of a one-bedroom residential apartment with the excess of lot area that we had at

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9,000 square ft, in my opinion, makes this lot particularly suited for that proposed use. Um, also the uh this apartment will be in walking distance to the uh down your downtown Philadelphia area. It's only only a block or two

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away. So someone living in an apartment would have access to the restaurants, the shops, taverns, you know, stores in the downtown neighborhood. So in my opinion, that also contributes to this being particularly suited. Uh the other uh

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aspect of the property is the reason why the apartments in the RC zoning district were limited to uh senior citizens and uh Lion points this out in his report is because typically along Philadelphia

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Avenue there's no area for recreation at all on you know the buildings are right side by side the apartments are upstairs there's really no no area for you know children out or the play area. This lot's a little bit different because it is oversized. Uh, you know, the building

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that's here, we're proposing a new parking lot here. There's going to be a drainage facility here. So, at a great rate on this side of the building here, there' be enough area for, you know, a set of swings or a little play area for kids. So, in this particular instance,

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the that recreational aspect, we can satisfy that. So in my opinion under that section 2A this this again is going to promote the general welfare uh in SA 40 55D 2B is

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the promotion of public safety in this particular case having someone live whole time on the second floor there is going to provide an automatic security uh facility there or the downstairs and discourage vandalism breakins and things

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of that nature. So in my opinion this also promotes public safety under NJSA4 col 55D2C that's provide adequate light air and open space. U in this particular instance the second floor already

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exists. There's no need to expand the footprint of the building other than an exterior staircase. Um, and the existing building coverage is only 6%. We're 30% is allowed by your code. So, the co the building coverage

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is it's way uh less uh than what would be permitted. Uh, under section 55D2E that's promoting an appropriate population that city. It's interesting that you know this this property all the properties that they call city are in

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the pine lands zone and in the certificate of filing pineands usually designates whether or not the proposed use is consistent or inconsistent. If it's consistent and meets with their standards they issue a certificate

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filing with with no adverse conditions on it. If for some reason there is an inconsistency, they will stamp the certificate of filing inconsistent and they'll tell you why. In our particular case, uh the certificate of filing uh

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says that the proposed uses both the tattoo poll and the single family residence upstate department are consistent. And the reason why Pinelands designated it that that way is because the underlying zoning district of a

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Carver city is a Pinelands town. The whole city is under uh is a is the uh that's an underlay I would call and in a pinelands town uh for example under MJHC

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uh this is the Pineland's comprehension under the plan 7 total 50-513 path 312 I it says that Pinand's town districts are appropriate for infill residential development and in my

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opinion that's exactly what This is the building is there. The lot is already there. We're going to fill in that empty space under the second floor with a residential use which in a highlands town is permitted. Um under 55D2G

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uh that's to provide for a variety of residential and commercial development which we're doing the accommodation commercial on the first floor, residential on the second floor according to the respective environmental conditions. That was this particular case that helped me have city

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water and city sewer. So the infrastructure is already there. Finance did not identify any environmental condition which would cause a limitation on the use of the property. There's no wetlands, no wetlands buffers, no threat endangered

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species, no bats, nothing like that. So in my opinion, we satisfy that purpose of the municipal agents also. And finally, under section 2, that's promotion of a desirable environment when the board is entertaining a variance, uh, uh, the entire development

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should be looked at to, uh, to to make the determination. And in this particular case, the applicant is going to put in two new driveways. He's lot, he's going to put in handicap space. He's going to provide drainage facility to control drainage in that area. um and

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he's already done enhancements to the building itself. So, in my opinion, all that the site plan uh contributes to uh the promotion of a desirable uh visual environment. There's ample room on the site for parking. Uh he'll provide one

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space for the or even two for the onebedroom apartment. Uh by code, we're supposed to have 12 spaces and we'll provide 13. So there's plenty of room on the site for this additional use of those lands that fill the uh so in my

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opinion all those purposes of the municipal land use law satisfy the positive criteria for the board to grant the one variance. We also have a burden of proof to demonstrate that the grant variance will not be a substantial detriment to the public building. What that means is will the granting of the

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variance to allow a second floor apartment substantially alter the character of the neighborhood in a negative way? And in my opinion, it will not. Uh it's a one-bedroom apartment. You might get two people, maybe two people and young child in it. Uh there

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are other residents in that particular area in the highway commercial zone. So a small residential use like this is not going to adversely affect the character of the neighborhood. And the second part of the negative criteria is no substantial detriment to the master plan

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and zoning ordinancing. One of the purposes of the municipal of of the master plan as I mentioned previously is to provide infill development. And that's exactly what we're doing. We're taking a valuable space that exists above permitted use and utilize it

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rather than have it lay dormant and and [clears throat] be unused. And the uh the applicant is also taking three non-conforming lots and he is combining them into one large conforming

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parcel. So in my opinion uh that promotes the master plan and these importance and in my opinion I I think that there is a need for a one a one-bedroom apartment like this in the city. I went on to Zillow and looked around a little

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bit. There aren't a whole lot of one-bedroom apartments that are available. A lot of apartments available, but they're two, three, four bedrooms. Very expensive. Now, we all know that housing is a very difficult topic on these days for young people who

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want to enter into the housing market. So, I think that this one-bedroom apartment will give the opportunity to provide some res residential space within the city and it will benefit uh the commercial district along Philadelphia Avenue. So, for all those

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reasons, I think that we can satisfy the positive criteria. I encourage the board to grant the D1 varants that will allow the onebedrooms uh apartment on the second floor. Thank you. >> Okay, very good. Uh would the applicant

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like want to say anything? >> Happy to answer any question any >> uh maybe swearing in. >> He responded previously. >> Uh any questions from the board? Well, we got to hear from Ryan. So, uh why don't we hear from Ryan first and then

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we'll do questions at >> Sure. I think Tom did a really good job of outlining the the application. Um, as he talked about, we went through the site plan and gave him approval on site plan already. This was just the the final outstanding question. Um, in our in my letter on pages four and five, I

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sort of go through uh the various sections of the ordinance that speak to housing above commercial. Uh fact there's a commercial development section that just sort of vaguely says um you know it's encouraging um mixed use structures with commercial retail use on

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ground floors and apartment dwellings or offices on upper levels. Uh unfortunately for them that's not part of the zoning ordinance. So it's not you know permitted by ordinance but clearly the ordinance speaks to um that as a as a possibility and and something really encouraged frankly. Um the one concern

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that I did bring up um Tom also referenced was the uh potential recreation space. Um for this uh having clarified that it's a onebedroom that's a lot less of a concern and if it was two or three bedrooms where you're expecting multiple kids potentially. Uh

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so for one-bedroom apartment you know maybe maybe one at most but typically there's not a lot of kids in one bedroom apartment. So, um I think that's less of a concern than it may have been otherwise if it was a two or three bid. Yeah. Other otherwise, um you gave us

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numerous reasons uh through the positive criteria which are listed on page six and then went through the criteria. U so the board members thoughts and opinions on you know whether it conforms with master plan and um you know is a

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reasonable variance. Any question from the board? Very good. >> Uh, is there any comments on this from the public? >> All 339 Buffalo Avenue.

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>> Just go ahead swearly swear test uh that the testimony you're about to provide today will be true. So, yes. Thank you. Then uh I just had one question about the apartment. Is it going to be owner occupied or is it going to be rented out?

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>> Occupied rented out. >> It's going to be rented out. Okay. Hope you don't have those high rates. >> Um as far as this application goes, I I really have no problems with it. I actually like it. It's a good one. I just want to tell back on the last

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meeting and confirm and get confirmations from your applicant about the replacement trees uh that were required by our ordinance. Um I believe your developmental ordinance said eight trees will be planted

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for the parking area and so forth. U there is I think eight trees on the property. They're going to have to come down. Uh I I looked at them myself and they were ripping it. One broke it. Uh and another one's leaning over and this

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storm could take it out tonight, you know. So those trees are not required to be replaced by the ordinance, but the six remaining trees are required to be replaced. So I just wanted to confirm that those six would be added to the eight for that property.

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>> Yeah, we'll compile the code and we're going to comply with Ryan's report. Also, there's an application we have to date uh to uh the city to have their arthus. Is that right? That >> it's already reviewed and approved the

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removal of those trees as far as far as conversation we had. >> Yes, we just need the application build out and it's $25ation fee plus 150 for district. We will comply with that. Okay. And just

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so the board knows those u those fees go with bomb so that we can take care of trees in the future. So it's good good news >> and if you need the ordinance I have copy of it here if you'd like it and I

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have another one. That's it. Thank you. >> All right. Again any questions from the boards? All right. Uh, I guess at this time is I ask for a motion. >> Make a motion that Brian frame that

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wording. >> Yeah, it really just be a motion to approve that D1 use variance to allow motion to approve that oneb apartment. >> Second. >> Seconded. >> And as as we previously indicated, this is a D1 variance. It will require uh

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five affirmative votes. >> Okay. >> Who's second? [snorts] >> Jar. Who's Hers? >> Josh. I made a motion. >> Thank you. Roll call. >> Yes. >> Mr. Glor. >> Yes.

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>> Mrs. Torres. >> Yes. >> Mr. Mullen. >> Yes. >> Mr. Brick. Oop. Sorry about that. Mr. Peterson. >> Yes. >> Mr. McCann. >> Yes. >> The Walford. >> Yes. >> Mr. H. >> Yes. >> Thank you members. Second perussion.

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Yes. >> Good luck. >> Good luck. [clears throat] >> Okay. Uh, moving on to new business. We have an application. DMV White Horse Pike LLC. Guys want to step forward and be sworn

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in and I speak with I'll set them up. >> I'll be here. I'll have to remember that for next time. >> This application for LUB DMB white LLC

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uh six white horse pike lot 5.6 lot 11.01 for your parents. Good morning, evening members of the board. My name is Chris Balance and I represent Lubd Wright LLC with respect to its application for the world 11.01

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block 565. We were here a couple months ago and presented an application for a use variance for a traffic safety truck and equipment storage a company called Northwest Traffic Service

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Solutions. Northwest Traffic Service Solutions is a is a Mid-Atlantic company that provides deathwood satellite. They provide traffic safety setups for construction sites on highways. to do it for the state of New Jersey, Pennsylvania, Delaware and New York. Um they have

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chosen a site uh owned by LUV marks here own by LUV in HR city um that is ideal for their location due to its proximity to the highway network. They they intend to use the existing

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site to store their trucks and go to job sites from here. The existing building on the site was previously I think a used car park lot maybe a service station. Um maybe the service station was ideal for the indoor storage

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equipment equipment storage and the trucks can be on on site um and taken from there to go to various jobs. There will be equipment trucks on site and there will be utility vans on site. Utility vans take take men and women to jobs. They come back every day. Utility

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trucks when they take equipment to a site and take it to the site that truck stays there for the length of the job. Okay. Uh it's anticipated that there at most will be 35 trucks if business is really banging on 25 to 30 employees.

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It's a set schedule. There's two shifts and that's all. I know there's some some question about nighttime news. They they leave they leave the lot at 7. They come back at 5. If there is a job that requires nighttime, they leave they leave at 7:00. They come back at 5:00. So there's two motions throughout the

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site with men and women leaving coming back. It's at 7:00 in the morning 5 at night. Five at night, 7 in the morning. There is no random back and forth traffic on and off site with employees, companies, going against the police. Fairly regimented process. Uh the site

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is unmanned, meaning there's an office there, but it's not it's not uh occupied other than if the guys need to make some copies or make some calls or something like that. Um for the most part, it will be a fairly quiet site day and night.

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The request is for a use variance for two reasons. Because that type of use is not permitted in the highway commercial zone and there is also an existing uh use on site up here. It's a permitted use that since there are two two uses on the site that requires a devariance or a

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use variance for two uses on one site variance for the use that were proposed. when we were here last um thought it best and asked us hey God show us the plan shows me show us the plan of the site how it works how it's going to operate you've since done that

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shaer prepared the plan that's been submitted I request Brian I believe it's still a favor of the site plan based on the plan we've submitted so you guys know exactly what's going on and and the plan should we receive approval the site will be operated as shown on the plan

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even if you bring a crash site I site plan. Um because site time really changed. It's been cleaned up. And these guys, these guys have been six or seven times on on site improvements than they have on by the

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product. Um like 300 grand plus it was environmental cleanup taken care of. Was there was no contamination in soil rail >> tires. Yeah. and tires and services that all had to be removed. D was involved

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with the D has issued a an approval. We're just waiting for you know for action letter and that was fair significant on the table. All the while the property's been on the market for for a tenant. In October will be two years. In all those two years, there'll

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be two inqu one a used car dealer who decided that there's too much competition. They bailed out and the other was shares been listed on multiple uh commercial real estate platforms. Um Mark is a

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commercial agent licensed a commercial real estate brokerage. They have been actively marketing the property to the tenant and um are happy to have received interest from Northwest Traffic. Um with that I'm going to have Andy's going to

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testify. Andy Sha's a planner and engineer. He can testify with respect to the site what's proposed and some of the various justifications. >> Why don't we uh swear on both uh Mr. Shaver and Mark your last name. >> Had spell it for me please.

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>> H A D N E Tet. >> All right. Thanks. >> Mark here. Principal will be. >> Yes sir. >> Okay. Raise your right hand please. You solemnly swear or affirm that testimony about day will be a true

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as to incorporate testimony from the last presentation of this uh it's the overall record then we go back and go back over everything so gets refreshed but >> the uh I believe we should >> it wasn't too long ago uh that would be at the board's pleasure you guys heard a

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very lengthy uh presentation at the last meeting um you know I just purpose of record for an overall record that's all >> I'll go back through it >> okay we're going to go back through the points that we brought up specifically yes

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>> general background talk >> yeah because you've just covered a lot of them >> what I say is >> and if you would just give the board a general background of what we presented previously >> certainly I'll do my best I'll probably just run through >> bring the board over

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uh board members can not yet. >> This is the same plan abused last time. It's a little larger of size. Um >> but this has been submitted to the board. >> It's been the board. It's been reviewed. Yes, a site plan asking for a site plan waiver. Okay, I know that sounds weird,

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but we're at so really should show a survey of what's been done to say anything at all because they have jumped a little bit ahead. Uh they repaved both sides of the existing asphalt. They cleaned up the vegetation that grew through the gravel. It was already

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there. I was a little bit suspicious. So I came out and the gravel does absolutely go all the way back to the fence line. Uh personally I looked I was >> Let me let me stop let me stop you right there for a minute. Are we good with Gary here now? Because the words came of

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acts. So >> I'm going to let her out. >> Yeah. Gary stepped down. Yes, >> we still have seven member. >> Yeah. Yeah, we got seven. That's good. >> If you recall, I think six was >> and and part of that I I know the last

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review that we had from uh your engineer was some lighting. There was existing lighting here. It was not substantial. It's been replaced. It is substantial now. I did visit the site in the dark and it is bright. So >> we make sure that that light does not

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affect any neighbors in the traffic going down water spike. >> Well, let's let's Yeah, it does not shine into the white pike itself. They do shine both uh east and west, not into the white pike itself. I did that one of the first questions when I heard the

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lighting up, but it's important and I'll come back to this a few times later on. Sorry. >> This is not in a residential area. So that's perfect for the kind of use that I'll talk to layman's term first and I'll get into the special reasons shortly. In layman's terms, it's not

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near any residential use or occupation other than the house that we already have on site, which they're going to be somewhat aware of it because they already reside there. And as Mr. Bington said, the shift is f 7 to 5, which means people will come in

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at 7:00 at 5. If there's a second shift, which there are times that's the case, they'll come in at five and then and dispersed out to job sites at 5:00 pm and then come back at 7:00 a.m. the next morning.

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So, the only activity on the site occurs at 5:00 p.m. at 7 a.m. 35 maximum employees, 25 to 35 depends on the market. Right now, things are fairly busy. They do mostly public jobs, which

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means They are filling out the job sites bought up from delivery union to go. So this is all union labor. So that labor is union. >> Correct. >> Correct. Literally the labor union. >> Are they open weekends or just Monday through Friday?

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>> Monday through Friday is what we've been >> weekend emergency calls. They can address emergency calls on weekends. >> But you know, realistically, let's just say every now and then on a weekend, yes. Otherwise, we would not be telling >> we all seen the projects that go up on

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the 1242 and 676 that go 24 hours that that the rest that that >> keeping the same hours. >> Yes. >> Absolutely. Yes. >> So, operationally, this is where it gets a little bit interesting. The to a maximum of 35 employees. You did talk

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with uh Western this is how that they work not from the owner rather. So they have 15 larger trucks that have tools, have equipment on them, maybe a

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Comcast style truck, a little bit larger box trucks carrying more materials. They go out to a job site. They might be there for a week. They might be there for a year, but they don't come back for >> the equipment trucks, the utility trucks, followed equipment trucks, they stay on the job site for the duration of the job,

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>> right? Not here. >> Right. that other a maximum of 20 other vehicles that carry smaller tools and people in the job site. So they'll come bring their vehicles into the back here in the gravel area behind the fenced area and then transport to a job site at

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5 or 7 and you know 5:00 p.m. or 7 a.m. to the job site and then they're brought back and then they leave. >> Is there screening those babies? >> They're screened. There's there's absolutely fencing and gate all the way around the site. We do have parking in the front that's paved, but we feel like

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it's it's going to be more effective if we just keep everything hidden from from the White Horse Pike. Unless the board feel differently about using this parking lot out here, we prefer this one. Uh it's not we don't have it designated in terms of parking spaces and sizes because it's a I'll just be

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real with you. It's a little bit random depending on what trucks are there and who's coming in, who's coming out. There's more than enough room for the 20 trucks for the most part that will be accessing to and from the site as well

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as the workers cars. Now, these vans, we're talking about the larger vans, 20 vans. We're talking about carrying the people to and from the job site carrying more than enough. So, we're not talking about literally having 35 cars here every morning, probably less people are

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going to be running together. Um, some of the people are going to be staying near the job site. Some are going to be staying in their homes. It's a little bit flexy. It's not a noisy, it's not a very active site, especially being in a

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commercial zone. And best of all, it's not near any residential. So, um, get past the operation, we go right into the Okay. uh under 40 colon 5D2

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going under some of the special reasons I'll start with a uh to encourage municipality to guide the purpose for development of all lands in this state in a manner which will promote public health safety moral and general welfare.

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This is for two particularly reasons this site is is well suited for this one because they have a tenant that wants to rent the space. They've had to clean the site up between tires and an oil spill.

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I don't know the details of it except that they're in the last throws of the process which is a long process which Ryan I know are familiar with. and they're supposed to receiving the no further action letter which is the gold mine that you want to get as part of

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this process. So it's improving the lands in terms of an environmental concern if it's been lifted or remediated. Two, it's not residential. So we're not going to be disturbing residential, which for this kind of a site really

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could be an impact. You know, trucks starting up at 7 a.m. and so forth. We're nowhere near residential fortunately other than one lot that is going to have to stop through that res not res. So it's even better that yeah the house

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is converted into okay >> all right moving on to item B under the same statute here safety from fire flood and other and that's really speaking to the oil cleanup again that we are preparing to

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do or have in the process of doing provide adequate under seed to provide adequate air flight air and open space not adding on to the site at all And while we're saying not added onto the site, one of the comments Ryan had [snorts] was in regard to the pine

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lands. So from one commercial use to another commercial use that's exempt from a pineman's application. Adding less than 1,000 square ft of imperous surface that's exempt from a

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finance application. We are adding a trash um enclosure to the site which is way less than a thousand square feet of impurbly with an ordinance required for touch enclosure fire. >> Yes. And and actually the the city

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already has a specific ordinance for the enclosure which we have on the not side of the plan by waverly require plan. And then lastly is the amount of landscaping which we are proposing uh

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several um pots I guess if you will boxes with white plants in them. Um we are allowed under pine lens to add 1,500 square feet of of landscaping area which were way under without triggering an application

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requirement to the pine. So in my opinion, I'm diverging a little bit into the pine cones that we are exempt from requirements of the pine lines in this particular case. >> Where the landscape matters

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along the front facing the white horse pipe >> will be along the front along the front. >> Yes, that's correct. I'm pointing to it now along the front of the building. two proposed >> two proposed everything's on the table as far as discuss discussion later on

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but we are able to get up to 1500 square feet without triggering something that we don't want to go through and the timing that we're trying to prepare things in moving on to item E under the same statute to promote the establishment of appropriate population densities and concentrations that will

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contribute to all the persons neighbors communities and regions that and preservation of the environment again we are improving the environment by adding this because in order to buy this and move it forward in in a tenant situation, we have to clean this side up

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in terms of where this is going. Under item G provides sufficient space and appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space. So we believe this is a needed service provide the larger

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community not every city they do serve projects much wider area because they do have adequate access to transportation routes that make sense for them between the garden state parkway and the expressway as well as white pipe itself

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to get to some of the projects around I know Ryan's familiar with the paging projects that go on all of the pipes especially NJOP projects which is probably the majority of what they participate in. And then lastly, item five, to promote a

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desirable visual environment through creative developments and good civic design. Um, they've already spent a ton of money. I have two pictures here. One, this doesn't look like a dump. Uh, the building really does. And they've improved the building, the lights, siding, windows. Uh, they've repaved all

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the um ping that's out in the front. They've re they've dressed up the uh access to two and then the also the gravel surface in the rear which needed to dress me up and they're renewing the fences which were somewhat delated.

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>> So that's been nice. >> Yes. So this didn't exist. >> Yeah. >> Hopefully that's enough special reasons. >> What about negative criteria? >> Negative. Okay. So without substantial public >> in my opinion there is no substantial or

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measurable detriment to the zone plan for master plan in this area because this is already a commercial area. This is a relatively quiet use compared to some of the things be done here. I mean cannabis is one of the permitted uses. It could be a much busier site based on

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the long list of things that are permitted to go on in this zone which this doesn't have to include storage. The building, I'll reiterate what Mr. Valenc said, the building will not be meant to be an office. It's really going to be a storage room for some of the

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smaller uh items they use. >> There's no outside equipment storage. >> There's no outside equipment storage other than trucks themselves. There literally no storage outside any materials other than trucks. All the material storage, which are small items, will be stored inside of the existing

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building. So in my opinion this does not provide or promote any negative impact to the community in any way shape or form. >> What about any potential benefit to the URL? >> No it doesn't. I mean this is just one

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particular use the zoning ordinance didn't anticipate which is not an unusual situation which is why we're here where we are. While it does uh it does provide for a use that's less intense than a block of the ones that are permitted here, it's not an intense

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use. >> And do you think the site is particularly suited? >> Again, because of the transportation and the the the distance from residential. Yes. >> Any questions? We have to address them. >> Uh at this time, did the board have any

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questions before we hear from Ron? >> No. Go ahead. Let Ryan let Ryan go. Go ahead, Ryan. >> Okay. Um, so the the front of the letter is very similar to the prior meeting of this application. Um, under general comment, it's I think you have an

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outline of why they're here, multiple primary uses and use that's not admitted. Um, site features and improvements. I did go through and sort of list out the improvements they show on the site plan. Um I I think it's important to note that um while they requested a site plan waiver and

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provided a plan, that's pretty typical for what we've gotten over the years or other sites where they request a waiver just because it doesn't meet the you know 400 things that they have to meet to be a site plan. Uh but they still provide enough information to you be able to discern what what they're doing and what the plan is.

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>> Um so we noted all that. Uh screening and buffering. Uh you mentioned that you replaced uh some of the fence. It looked like there's some screening like privacy screening on a portion of the fence. Could you outline for the board where that is like which which

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>> So um so basically right across here so this is where the the trucks would be be parked right across here the the front and the left of the building. That's all privacy screen. Same with the the back of the plan. >> Oh on the plan sorry. Um so across here

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the existing chain link. This is the one we had to repair. Um, and this is all screened across. So there's no vis it's not visible from white horse bike. Um, and same with across here existing existing fence line. We had to replace a bunch of that. And again, same thing. It's not visible.

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>> So these would be effectively screened from the spike. One side's completely vegetated. There's no screening there, but the rest of the sides would be screened. Correct. >> Yeah. >> Okay. class >> and the dumpster the dumpster enclosure goes behind that fence that screen

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fence. >> That's correct. Yes. >> So that would be this corner here right behind the screen. >> And clearly they'll be privately hauled too. >> Yeah. >> And then it's interesting why you bring that up. Um as far as trash goes there.

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We'll probably have to do it every 3 weeks or so because it's not generating. There's no operating there. uh there's there's just nothing happening there other than transferring from personal property to the to trucks and out to the job sites. But still it we don't want to

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suggest that we don't need to comply with that part of the road until we >> um I I didn't reference it directly in the letter but um you talked about adequacy of the parking area in the back. Um it's about 220 ft long typical

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parking space about 9 ft wide. So you have about 24 plus or minus spaces on either side of that gravel area. Does that sound about right? >> Yes, it is. So again, in my opinion, it's more than adequate for the 20 or so cars that'll be there left in the 20 or so actually less than 20 cars in the 20

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or so van uh box passenger small tool vehicles that'll be leaving there in the morning. And for the most part, the larger uh trucks, which aren't that large, by the way, uh will be almost always left on site on construction

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sites they serve. Sorry. Okay. So, without the front parking area and the pavement out front, there plus or minus 46 or so vehicle parking spaces to support, as I understand, I should say, you know, you're talking about 30 plus or minus vehicles. Um one of those you

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do have the locks out front you could use if you needed. But for the right for personal vehicles that >> yes >> they can park there in the morning and walk around back. >> It is available and we could and if the board were interested in having using

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that for the car we could um but I think some activity is worth showing on the sites and cars that's an option to have them park up on the pike. Our our thought was you know keep everything back you know behind suite. You paid a lot. You paid a lot of money for that

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with the parking lot. >> You're good with the parking the size. Yeah, I I personally I had a pretty good handle on it based on the size once they they were talking about the number of cars like the I think that it's adequate here. They're not delineated. But again, you could fit 45, you know, plus vehicles in the back there. So, um, you

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know, if they're going to store 30 and have people transfer in and out with other personal vehicles, I don't I don't foresee that being an issue. And again, that's without using the front parking at all. But I just wanted to, you know, give the board a better feel for the amount of space back there versus the B cars. >> It's about 40,000 square feet.

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>> Yeah. So it's almost John, did you >> I was just say you spent a lot of money to pave it. I mean, no reason not to park on it. Uh I I wouldn't recommend a an attenuator truck, but you know, personal vehicles and things of that nature only makes sense, but

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>> Yeah. And it shows more activity as well as I believe for the tile should be a good thing. Yeah, >> chose chose business. >> Yeah. No, I agree. I do think that would if we're going to use it that way, I do think that would be a bonus to have the some vehicles out there just look big

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and empty. >> Right. Right. And again, any of the the the bigger work trucks they they would be hit by Sure. Let's say, >> right, so one of the variances that are requested is have uh two principal uses on one site. Mhm.

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>> Danny, could you speak to how, if at all, the proposed uh business interferes or or does not withforming? >> It's not a proposed business. This has been here for years. >> Well, no, not that one. I'm talking about how the new one how the new business would impact.

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>> Okay. So, the access points are completely different. >> Okay. >> The access to the commercial space that's already there is off of >> Hamburg. >> Sorry, Hamburg. And we're going to be coming off the White Horse Pike, which has an existing opening already on the site. Okay.

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>> And they shouldn't have seen each other at all. >> And I think there was some confusion last time. The parking lot that's out front is not intended to be a parking lot for that building. Is that correct? >> No, they have one or two cars at a time business, >> right? And there was a separate driveway in that >> Yes.

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>> next to it. And that's not the type of business that necessarily has 7 a.m. arrival or 5 p.m. departure like that. >> Correct. >> Um so operations I think you guys went over I think um you know we would need

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to have some kind of timing restrictions just so people come and go and if one in the morning eventually uh if the order were going to move forward with the approval. Uh lighting and security I think you've addressed. Um outdoor storage uh we talked about that. no help out storage and a proposed fireproof

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trash enclosure. Um the plan that's presented on the board there is not I think the members you guys have the the full site plan that has the trash enclosure detail on um which appears to be a five type enclosure. Um and then the pylonsability I think

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Schaefer went through that um so I don't think there's any issues there. I don't think they'll have to go in uh to the commission to seek approval for the the changing units or any of the proposed um rules to the site. So that's that's all I have in my review

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letter unless anybody has questions. >> Questions for Mr. Chair? >> Sure. J. >> So I I want to I want to thank you guys for this crash enclosure. >> Okay. >> Not a problem. So, and and and I I could

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give you the background or whatever why this is such a sticking point because but trust me, at some point you're doing yourselves a favor by doing this. >> I've been out here. >> I'm aware. >> So, no argument. >> When real estates change hands, this is

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our opportunity to improve a site that going forward will be adequate for another use to go in there should you need another tenant. Now, we're not back after the fact trying to get you guys to put a trash enclosure in. So, I appreciate that because I know that this is not, you know, cyclone fence or

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whatever. This is sub a substantial cost and I and I realize that and I appreciate that >> and I'm in favor of the project. I was in favor of it and I'm glad that we came back with a little more detail and I know it's an existing site. So, I this this is this satisfies me. But, two

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things. Uh it it is kind of a residential area and I know you guys are saying that because it sounds better for you that it's not residential, but it is because right across Hamburg Avenue there's three there's three houses. So it's not not a residential area, but

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it's buffered enough that I don't see it being a problem. Uh the other and I'm not an expert, but I come down the pike at night and the wallpack lights facing west are too bright. Yeah, we can shield those. >> They need some kind of the diffuser on

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them. >> Condition of the approval then >> and and will the uh no outdoor storage be a condition of the approval also? >> Okay. Thank you guys. >> And don't want to you guys short chain yourself. I mean it is a commercial

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building right on route 30. there's enough noise going down there every day of the week whether you're starting your trucks or not and you're setting some pretty tight timelines for for the business you're in. >> I was just I was giving the information that I was given in terms of how the site works. I I can't tell you that somebody's not going to be late for work

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and come in at 8. >> I mean there's you can't control construction projects if if they want they want to start at night at night. >> That's what it is. They want to end at night at night. So I I don't want to see your short change yourself on amp to understand this is an operating business

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changing locations >> and I wasn't I wasn't suggesting >> I understand that I wasn't suggesting that be a limitation. I was just telling you that's that's how they tell me that that's fine. I just >> that's the general way to operate. Yes. >> But I sir agree that commercial property especially with the service you're

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providing can be outside of that scope that you that you presented. I'm fine with that because where it's at, like I said, Waw Wa has gasoline trucks coming at 4 in the morning next to a residential area. So, that's a heck of a lot less impact than what we're

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already have. >> And just on on the time as well, uh the majority of the the late night stuff, that's emergency calls that they'll get by sight that they need to say traffic safety locally. So, >> nice.

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You did a beautiful job of the building compared to where it started at. >> It's good. >> Any other questions? >> Yeah, I had a couple comments and questions. I'm open on the application and I have access to everybody does tax records, but I really believe I think

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your blocking lot is is isn't correct on your application. Um, keep your phone on the block 526 1101. One of the tax records I believe it is 5107 lot number 1.02. 2 and it's also so it's correct on this.

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>> We hope but there had been from the the the first application of what was >> No, it's not just that there's maybe some issues. >> Okay. >> It's not 100% clear. I I agree with you. >> Yeah. I don't know because I just I I pulled up the tax record and he had made

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a comment that you've been trying to to find a tenant for two years. So it would be just purchased December 2024. So you only owned it for about a year and a half. say a year and a half ago. He was saying up to >> Yeah. And you're also your realtor and you mentioned that you've been trying to

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market like I'm a realer as well. I've never seen one sign on that property in a year and a half they've been trying to market it. I haven't seen our MLS. I haven't seen it bright. We're part of commercial sites. I don't know if you were looking to find another tenant or

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is this the only tenant but it's come cheap. >> We we haven't listed. You and I discussed what you've done to get the property out there. Tell the board the efforts you've taken, where the property website is from.

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>> So, um, so current management company, they primarily deal with with commercial property. We're listed on New. I'm sure you're aware is the largest North American commercial real estate company, you know, right? And then also on Showcase, it's it's it's on there. So,

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um it is and it was paid it was paid promotion on on that also. Um signage we didn't necessarily have signage out. We we did have signage for um while we were under construction, but you know um but we we had it we had it listed. We were

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paying pro promotions at the time, >> right? >> For a portion of that. um you know so and again with commercial if for someone that a large company like that if they're looking for a commercial space they're not going to the MLS

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they're not going to pride MLS they're not going to Zillow they're not going to find it there what they're looking for they're going to loop they're going to Crexy they're going to showcase they're going to those larger those larger sites >> and they found us through Loopnet >> okay

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>> um so I know you're looking for this approval But it's not owner occupied. So we're just relying on a tenant to understand these rules. I mean, so my question is we rent this approval and now these tenants move out within one year. What

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keeps us from not having other >> Okay. >> It's it's use variance. So the use is limited to what you guys approve, >> right? So, if this tenant moves out, the likelihood is unless we get the tenant doing the exact same thing, then unless

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a permitted use goes there, we're going to be back here. >> Well, well, that's the question I have is because we're permitting this type of a company coming there and parking trucks. [clears throat] He moves that now like, okay, someone else wants to use it for parking tractor trailers. Is that considered the same use or larger vehicles and their diesel

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fuels? And I mean, do you see what I'm saying? if we're because >> so you you place conditions in the approval, okay, that limits it to this specific type of use for something like a tractor trailer, you know, we haven't reviewed a site circulation plan that would accommodate a tractor trailer, right? For all intents and purposes,

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we're talking about regular size. >> So that would be too specific in there. I just >> Yeah, exactly. The the the ordinance or the uh the approved resolution would need to be tight enough to describe this use as it is. And as Mr. surveillance and said if there was another use that you know the same type of company a competitor of theirs wanted to move into

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this space then fine they could take it over under the same use but if they deviated you know in any significant way from our approval resolution then when they applied for co you know came back in for merkantile license at that point it' be flagged to say no that that use

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is not approved on this site and they'd have to either come back here or find another use that can >> just make sure that was >> Can I get clarity on that Brian sure >> Ryan I'm Sorry. >> I respond. >> So that building's had probably 10 different businesses in in the last 40

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years. >> Yes. >> Those uses are still allowed. Correct. >> So any any type of permitted use can just come in. Yeah. Right. If the tenant left, any permitted use could come in and just um get a zoning permit and we would sign off on it as a permitted use. Um

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>> for instance, car used car dealerships. >> Yeah. used car dealer, auto repair, um, any type of repair shop or retail facility. >> In the highway commercials, >> right? It was a fireplace. >> Yeah. 40 years ago. >> Sure. >> So, >> they wanted to come back. >> All right. >> They could come back. Yeah. They

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wouldn't have to come back to the board. They would just just go back. Um, they would submit a zoning application. The zoning officer, which is also me at the moment, um, would would sign off that it does conform. It's a it's a permitted use. Um, >> so as long as it follows this new use

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and any other past use that it's had, any other permitted use. Yes. >> So with this use variance, if there's other non-permitted uses that occupied the site, this action would formally abandon whatever that non-permitted use was. So if there was something they were doing there before that's not allowed in

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the current ordinance, they wouldn't allowed they wouldn't be allowed to go back to it. So only permitted uses and what we're permitting right now. >> If I can as well, George, just to address your concern, the um the lease that's proposed to the tenant is a fiveyear lease with a 5year add-on. So

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potentially on a 10 a 10ear scale. Um and again anything that >> you know if you have restrictions on anything that here we're going to tie it into a lease that they're bound by as well that we can evict them. Be it that they're breaking they're break they asked for that.

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>> They asked for that we negotiate. >> They 10 years. >> Yes. Right. >> Because they're going to be doing work throughout throughout the year. >> But maybe you can buy some more commercial properties in town to fix them up and make them ready for next. [laughter] >> That'd be nice. >> Yeah. And and being that we do have another structure on the property that's

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massage power. So when we're approving this because it's one block in line gradually we did they just can't make the the parking lot larger and larger and larger. But again it's what we're approving today. >> Yeah. So since we're granting a use variance for this use um any expansion

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of it would be an expansion of anforming use. Bring that right back here again. >> Right. And I noticed in in your comments you had said they wouldn't need to apply for other approvals, but you mentioned the DOT pinelands and soil uh conservation district, but you said pelines for pelines. We do

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>> Yeah. So we we flag that as something, but they they've addressed all of the >> all of the triggers that could potentially lead them there and then they don't hit it. >> Okay. >> But that we usually have a sort of catchall at the end like any other approvals that might um you know DOT requires a highway access permit because they're redoing the driveway. finance

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requires it because they're, you know, thousand5 square feet of disturbance or any any number of reasons. So, we usually have that in there just to say, look, you know, we're us, but you got to check everybody else, >> right? And then they just have to bring it back and it doesn't come in front of the board as long as it's approved by >> correct

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>> someone. Okay, >> those are the questions I had. But I do agree you did a beautiful job we have that building and it is a nice site compared to what else we can. >> Any other questions from the board? I could now open it up to the public if

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anybody would like to speak again. I can't see the plan. So >> has been for the record has been previously this morning. >> Um so I'm concerned about parking for

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the vehicles coming and going the workers. >> It's it's going to be where on the plan >> this entire area. Where's the >> They're going to be parking on as >> any It's It's a It's gravel area. >> It's gravel.

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>> Okay. >> No strike. >> But it is behind. >> It's behind. Anyone else would like to speak? All right. With that being said, uh I guess we're looking for a motion. Who

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wants to make a motion? I'll offer a motion to I have one question on that. Are we going to do anything with the time hours of operation? So, I know they said 7 to 5 and then Mr. Gar's comment was kind of just open it up, but I think

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we should limit it to maybe like 6:00 a.m. to 10 or 11:00 p.m. 11:00 p.m. >> If if I if I can address on that. So some some of their their timing they get emergency calls and and again it's you know they're they're pulling in pulling

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a truck out to get to a site because they have an emergency where they have to get the safety cones the traffic cones onto the Garden State Parkway or wherever it is to there's construction workers there and they do have some of that. So >> I I think we could probably phrase it to say primary operations between the hours

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of X and Y and limited operations between >> just so that there's some differentiation. There's not all 20 vehicles pulled out of 41. >> Right. Right. >> Primary operations will be from what to what? >> 6 to 10. >> Right. >> 6 to 10 11 something

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to 11. Just understand there are emergency. >> Yeah. Limited operations as needed between the hours of 11 p.m. and 6 a.m. >> Anything else from anybody? >> All right. We have a motion from Jack Peterson >> with conditions that I guess Damon will

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read if >> second on that. >> Uh Damon >> this is a motion for uh D2 variance uh with conditions. Um so the the variances

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are uh for a use that was not peromitted which was the uh truck storage use as well as having two principal uses on one site uh to coexist with the existing massage parlor. The conditions that uh

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I've heard and Ryan or anyone can feel free to add to these would be that uh the hours of operation, primary op hours of operation would be from 6:00 a.m. to 11:00 p.m. uh with limited operations uh

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for emergency purposes as necessary. Uh that the use is limited to uh the state of use of truck storage. uh that there is no outdoor storage uh of materials or equipment and that the lights facing uh

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west should be shielded >> the building is for equipment storage as well inside >> so yeah the uh the storage was limited to outdoor storage but you're correct outdoor storage outdoor vehicles inside Mhm.

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Thank you. So noted. So with that, a motion and a second was made to approve the variances with those conditions. >> All right, Don, can I get a roll call?

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>> Mr. Guard. >> Yes. Mrs. Torres, >> yes. >> Mr. Molino, >> yes. >> Mr. Frick, >> yes. >> Mr. Peterson, >> yes. >> Mr. McCann, >> yes. >> Mr. Walker, >> yes.

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>> Motion pass. >> Thank you very much. >> Thank you all. >> Thank you, >> Mr. Chair. Good luck. I tell you something last meeting with gentleman from Florida. Your site came up, >> right? >> Started complaining about this site. I think you said one of you guys said,

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"Wait a second. You know the site that has >> first time he's ever come before he says, "Yeah, but we're not here to talk about that." You said, "Oh, now we are." [laughter] >> Yeah. Yeah. He opened the door. >> I couldn't pay that. I couldn't pay that.

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>> Oh, [laughter] all right. We have a resolution number 126 2026. >> Uh Ryan, do you want to explain this to the to the board? Yes. So, in August of last year, uh someone who came, I

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believe, to this meeting in my absence, I was on vacation, uh and presented a redevelopment plan for at the time was a singular block and lot 1001 Levy, uh which is a former landfill site out in

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the industrial park. >> So, what was omitted from that is that the landfill actually stretches onto nine other properties. So um we had to amend the redevelopment plan to include those properties which

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are block 609 lots 1 and 7, block 632 lots 1 and 16 and block 705 lots 1 7.02 8.02 16 27.02 and 28.02 those lots uh included with lot 1.0 or

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block 1.01 lot 11 are where the landfill dents actually are. Um, so the justification uh is is exactly as provided in the original redevelopment plan. It's really just expanding the footprint. Um, so I I brought a copy of our initial master

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plan consistency review uh letter. All the same criteria apply. It's just a bigger footprint because the landfill isn't just on the one lot, it's on mult. So that's that's really all it was was was bringing it back to you guys uh for confirmation that the amendment to the redevelopment plan will be consistent

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with the master plan. uh similar to what we found in August of 2020. >> And you're adding all these blocks and lots to that. >> Yes. Yeah. There's a um there's a a report version with the map, but you want to take our best.

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Okay. >> Yeah. And Avenue lamp. >> Okay. Other >> because it just seemed like the block and was so far apart and I guess it's one end versus the other. Well, the the way that the block system works in a Carver City is it starts at one, it goes down all the way to the river and then

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it snakes and comes back. It just keeps >> Yeah. There's no like logical order. It doesn't. >> So, yeah, I thought the same thing. Every time I go through the tax match, I have no clue like what what the adjacent block number might be. >> You know, if you're going in a line, it's okay. It's one up or down, but

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other left and right, no chance. Uh so yeah, but that's that's the uh that's what this uh >> so we're just amending that resolution to include the traditional lot. >> That's correct. With the with the same justification um that was provided in

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full and across the which is what we did. >> Right. So you want a motion on this. Is that how we're going to do this? Yeah, we would need a motion that um the amended redevelopment plan um is still consistent with the master plan.

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So, >> okay. >> Mike McKenna makes the motion. Have a second. >> Second, Mr. Bars. >> Yes. >> Morris. >> Yes. >> Mr. Mullino. >> Yes. >> Mr. Rick, >> yes. >> Mr. Peterson, >> yes.

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>> Mr. McKenna, >> yes. >> Mr. Walker, >> yes. >> Yeah, I'll give you these two. >> All right. Uh, number eight is a council report. I guess they don't have one of them tonight. Uh, number nine, public comments. Would anybody like to make a

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comment from the public? Uh questions and comments from the board. >> I have a comment. Sure. >> Um the gentleman was was just mentioning a few months back when that gentleman that owns the Acme Yeah. came in and we all

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>> rightfully so. Um but but anyway, he had submitted following I think month of application to get approvals. He was the owner for for the Acme which I was I believe the denied. Um, and again being that I'm a realer, you know, I he's got that property on the market for sale

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plus the property across the street 34 303 34 White Horse Pike and in his ML listings he advertised approved for cannabis marketing it for buyers saying it's approved and then he's coming back

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to us street is approved >> across the bike is he owns two properties that neither of which have cannabis either one of them, >> but he's marketing, you know, >> but he's he's marketing them before he even came to us. He's been marketing them for a long period of time. It's

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it's kind of disapproved the acme and the other thing. So, all the buyers are looking at it or want to buy it or want to rent it from him and now he's coming from us after the fact. We just denied it and it's still in the MLS. It's cannabis approved. So, I'll send that

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around. >> But they can be used for cannabis as long as they come to the board. Well, >> what if they're not approved? >> They're saying it's approved. >> You know, it it's interesting, not to interrupt you, but >> uh that wording that was added to our

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application here. >> Mhm. >> What did not exist when it came from the city? Didn't say anything about they threw that in at the end, the cannabis just to see if they could get it to stick. No, >> but the but the document that that was was voted on

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>> but by city council didn't have anything didn't say mention anything about cannabis that was thrown in by the applicant at the last minute. >> Right. But I'm saying he's been marketed to the public and it's approved for cannabis which neither one of those problems are. And I think that's creating a problem.

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>> What what would be permitted on either of those two sites would be a retail cannabis facility. However, there's only one license available in the HC zone and it's already occupant. >> It's unfortunately it's a play. It is approved >> right >> in our zoning order,

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>> but you have to go through all the steps, >> but you just need a license that you can't get. >> They're going to buy this 5acre property gallery. Everybody advertises it's approved by Pineland. It's in it's it's approved because it meets the minimum standard, but they didn't get it or it isn't. And I'm sure you're

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going to say >> it deals with this every single day. But but yeah, either it is or it isn't. So I I just I feel as though that's such misrepresentation because he's wasting all our time over here saying that it is approved. Sure. And then he's coming up and and now he's pleading for an approval. I mean, I can send it to you

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if you want. >> It's up to the buyer's due diligence to find that out. >> Oh, sure. But you're wasting a lot of other people's time. >> Well, George explains that it's not permitted right now. The other thing is in the bigger monster in the room is the building has never been completed.

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>> Okay. The the uh the eaves are not tied in. I'm I'm sure that there's water infiltrating in there along that mansion thing on one side there. Uh they started to put the guy that originally had the project Persia or whatever. I mean he spent a lot of time and money put up stonework whatever you go around the other side. They slapped a coat of paint

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on it, >> you know. So now when this project comes before us again, how do we address that? I know. >> So we put a stipulation on that the building had to be complete >> before anything could run out. >> Okay. So is painting the building in lie

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of putting the stonework up is that completing the project or are we going to be >> also that was a near being able to operate >> they all operate out of it. >> Well, >> they're not required to put stones. They use it as a requirement as a lot that

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they're going to finish product. Well, so the the prior approval for the used auto dealer mall, he provided architectural elevations. So that's part of the approval. >> So if he doesn't provide what was shown on architectural elevation, then he can't use that use. If he wants to come

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in and do you come in with another permitted use in his own, then just like anybody else, you come in, you get building permits, you fix it up, um you know, and you reoccupy. But I mean that site's beyond just reoccupying. So >> So Mr. chair to add insult to injury

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with that acne site. Uh in another capacity, uh I represent the city of Vinland uh in their cannabis affairs and there was a company seeking to do business uh in Vinland from lowercase

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May Cine. >> So I'm speaking with their general counsel and he says, "Uh well, we're working on project now. we're going to open up a uh a dispensary in Egg Harbor City and we're looking to do

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manufacturing there. I said, "Well, that's very interesting." I said, "Because I happen to also work with the Egg Harbor City Planning Board, land use it, and I know for a fact that, you know, the person that you're talking to, you know, has, you know, made these

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representations, but it just isn't available." And so he he just got a a whole host of new information that he had to take back to his company because the if you listen to this guy, he really thought that they were going to be

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opening up like within the next, you know, within this year. And um he came away with with a different opinion. I said, you know, you can do it. You know, I said, but you're going to be in front of that board and you're going to have to do a whole lot put a whole lot of

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money there. Uh, but I don't think that there's a license available for you to accommodate, you know, what you're trying to do. So, um, that just goes to Mr. Frick's point that, yeah, the words matter and he put it out there as it's

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approved and that there were reputable people that were seeking to >> huge car sales movie. >> All right. Anything else from the board? >> I do. I have one thing. the the original cannabis grow facility that we approved

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on Lawson Road and they cleared like with shovels and fix is still up supposedly they moved on and they they bought a facility somewhere else >> correct >> what if we get stuck with that half lot >> so the guy is actively marketing it um

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I've had some discussions with code impolishment that you can't just leave it like that have to do something with it so um We the city's actually working with the ACIA to to to do like profiles on some commercial properties. We did some recently for some of the

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properties, but I think we identified that one to be one that we're trying to advertise pretty heavily to say, look, this is a fully approved facility. You can just come in tomorrow and start building them. >> Yeah. >> Because we don't we don't want to drop the hammer on the code enforcement side. We can't just leave clear for it.

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>> Yeah. >> That's the reality. So, um, so yeah, we're trying to >> so it without, you know, >> in that case, there's an approved site, then it just needs to be built, >> correct? >> Yeah, they started clearing it and I guess in the meantime found a different

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property and moved on. >> I don't know that you could have economically filled the building as they designed it. >> No, that was a little expensive. >> Yeah, a little bit. >> Yeah. >> Is there escrow on that? >> Uh, question. I think there I think there is still an escrow. It's just kind

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of delicate. Um but yeah, they would had to pro post a bonding escrow. So >> maybe use that to have someone else finish it. >> Well, so the the bonding bonding walls changed and the site improvements are no longer bonded with the exception of a

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few things like storm management. Um but we we can reach back out to the owner and just try to get him to to start cleaning up and like start building some of the storm management basins. So even if the improvements aren't there, um you have to have some retention and infiltration. So it's not just stormware bubbling up on the neighbor's property

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because you go from that, you know, wooded fully wooded site to a cleared site, you've obviously changed the characteristics of the So Ryan, then the way I'm understanding it, even though he has walked away from the project, he's still responsible to meet the site plan being that he's cleared it. He's so he's

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not responsible to fully construct the site plan, but he's responsible to stabilize it and get it to a condition where it's not sending more storm water off than it was prior to the development initiative. >> Cape has probably no slower chair. >> Well, yeah. So, Cape Cave Atlantic is is another actor who has a concern there.

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Um I don't remember if they sent him violation notices or not. For a couple properties, I can't remember if he's one. Um but yeah, I mean ultimately something needs to advance there. We can't just sit there with the cleared and nothing happen. So yeah, it's

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definitely on our >> Okay. Thank you. >> Was there another property we approved? Was it Marty an industrial park? Another >> Marty Wilson Boulevard. >> Yeah. >> Is he still inching along D?

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>> I saw something started. Okay. So there's delay. >> Yeah. He cleared I think started to build a storm management >> base out front. >> Yes. >> Yeah. He has all his permits. All are purple inspections so far. >> Okay.

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>> Maybe he wants to build a big greenhouse over. >> I think that's a little out of his price range. It was literally just some guy like, you know, working a 9 to5. This was like his dream. I think when we approved, he started crying. >> Yeah, he did. >> Nice. >> Yeah. Really nice kid. But um >> does does this mean it's 2% off the

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industrial park or just on the retail? So 2% on the gross sales for um retail u manufacturing. >> Okay. >> Cultivation uh delivery all if all classes 2% for

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all isn't >> wholesale. >> Yeah. Right. Wholesale. >> We want to get as many of them as we can in town. Right. Well, that's I mean when this all came up, I mean I I frankly came to you know some members of city council and I said, "Listen, can you name me more than three businesses in the industrial park?

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>> If not, who cares what the next three are, right?" Like >> you're going to get a ton of tax revenue from it and it's a business in the industrial park just like all the others. So manufacturing, I mean, cultivation kicks off the spell, >> but in my experience in working on both sides of this fence, manufacturing is

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where you want to be because people when they hear of manufacturing in the cannabis industry, they automatically think of just um joints, for lack of a better term. But there's edibles, there's bakeries, there's bottling like

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for drinks. uh there the New Jersey has not even scratched the surface on the level of manufacturing uh that uh cannabis could accomplish and it's not just being manufactured for this community it's being manufactured

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for throughout the entire state. >> So um you know it's definitely something that I always encourage municipalities to explore. Well, that's the the old True Value, the Ace Hardware on the corner of NFC

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that that just opened. There's a small retail, but most of it is manufacturing. >> That building that they're manufacturing in. >> Yeah. >> Interesting. >> Yeah. A small portion of it is retail, but the vast majority of it is manufacturing. >> Anything else? >> I just I just want to make one comment.

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I'm assuming we all got our tax bills probably this week and I was highly impressed. items we went up.7 of a cent. The tax rate went up. That's amazing. It hasn't increase. [clears throat] So that's good thing the council to everybody.

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>> Yeah. Council [laughter] New Jersey. >> Hi. >> Do the resolution. I'll work with you. I got >> Oh, the notice of the city. That was another thing. I feel badness,

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you know, for such a positive guy. >> His mom