things happen this is a regular meeting of the Fair Haven planning board adequate notice of this meeting has been given pursuant to the provisions of the open public meetings act at the time of the board reorganization in January of this year the board adopted its regular meeting schedule for the year notice of
the schedule was sent to you and published in the Asbury Park Press on January 31st 2025 and the few River times on January 23rd 2025 that notice was also posted on the bulletin board in burough Hall and has remained continuously posted there as
required by the statute a copy of the notice is and has been available to the public and is on file in the office of the burough clerk a copy of the notice has also been sent to members of the public as have requested such information in accordance with the statute adequate notice having been given the board secretary is directed to
include this statement in the minutes of this meeting and so we'll start with a roll call and then Pledge of Allegiance here here here here Mr here
Mr here Mr Anderson here here allegiance 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 so um so we have a few things um a few administrative items on the schedule uh tonight there's no old business or new business um that that is uh that is on the uh on the schedule um we were
going to have um our planner come and discuss the estimates for the master plan reexamination um he sent late notice that his partner was admitted to the hospital this evening and so um he sent a a draft of what he was going to
present um but I I didn't I'm only figh about this now um so that was about an hour and a half ago um that was sent and so what I'm going to do is is go back tonight and read that that draft and then have it distributed to the full board
and then we do have a a a master plan subcommittee constituted which can can meet off schedule off schedule and and just discuss but we'll kind of keep that ball rolling between now and the and the
next meeting we will also take time obviously the the continuing discussion of the master plan reexamination um you know if there's if anybody has any any matters to bring before the board or wants to talk about anything as we move forward we can spend
some time on that because we do we now have have have the time to to to do it uh unfortunately so um so with no old business or new business we'll jump right to the administrative items and start with the the approval of the January 21st 2025 meeting
minutes I'll make a motion to approve second Mrs Bush yes yes Mr yes Mr yes Mr yes yes
yes so the um the other uh the other matter um on on the schedule tonight is the facilities update and so um councilman laa is here we so so just as a a quick refresher I think over the
last 24 months we've had um two major items come up through the planning board um with regards to the to to the Burrow's facilities and uh the the the police station in particular and the um
uh the DPW site and so uh councilman La is here to to give us an update a so take take it away appreciate it evening um that Chief mcgoverin could be here terrific um and obviously uh Rich Cardell has taking a huge role
throughout all this so um I prepared a a presentation just to kind of set the framework we're going to kind of go through it and and thought it really was a critical moment to provide a status update of kind of where it can St and then also what the next really three to
fiveish months looks like um so gonna jump right into it unless there's any additional questions all right sweet um so I'm GNA come over here and just point go to the next slide okay um so little agenda um we're
going to come back to two key dates just for background right so this isn't the same planning board that we briefed uh two years ago now um and then going to go into update specifically the police department the community center DPW and then we'll end with fish Chapel which is
the parking lot um and I'll level set where things stood the last time we talked and bring up the speed as of today next slide okay um so for background our first we had a special meeting if you
recall the um health and safety issues that were present in the previous Police Department building it caused for us to move in an expedited manner um so in April 23 we had a special meeting um we had Rick Adon here Frank Lear site engineer Eli goldene the architect um
and ultimately what came out of that was the the letter that Mr Kat produced um that tic articulated the the planning board's um support for the project uh there were multiple different pieces of feedback that the planning board provided over the years uh parking
considerations site considerations lighting considerations and in the new design right it was really the seventh or eighth iteration at that point um all of those considerations were taken to account 20 June so fast forward a few months during a regularly scheduled
meeting that's when we and prevented presented on the DPW so you had Joe raffy for colar engineering design Ron gramar was the architect and all of this was predicated on the work with the tdrc right so perar statutes technical design and Review Committee is the overarching
body it's almost like a subcommittee within the planning board and dou give me honest here so when you have Capital review projects you work with the tbrc back and forth uh so that was Jimmy n there was rich Cardella there were a few other folks folks involved with that but ultimately both of these planning board
meetings were predicated on weeks if not months of work back and forth at the tdrc level color commentary on I mean you feel just very briefly the tdrc for folks who who are not familiar with it it allows you're really to get into the
reads of pipe Dimension all those things conduit those so that th that detail that level of detail doesn't have to bog the board down and when it comes up to the board you can have confidence if it's come out of the
tdrc that the if you will the guts are good you know the skeleton is good it's sound we've really beted this out now planning board members do what you do best take a look at the plan take a look at circulation take a look at design get
the give the opportunity for the hearing for the for the public to come in and be heard there and then move the project forward it saves you a lot of it saves you probably a meeting and a half and you can really get through your review probably the meeting two meetings top if
everything is done yeah spot and you know throughout that process right there were multiple open houses um there were multiple different types of professionals engaged environmental solar site um you name it
we we we didn't leave any rck unturned because of the ific of what these projects resemble for the burough of Fair Haven um next slide so let's start with the DPW and again you have this in front of you so you want you want to look as you go um
so I'll come to key some key data points but I'll tell you what you're looking at so on the bottom is Allen left side is third top side is maple right those are the three sides uh by quick wave background uh the biggest issue that
concerned the DPW right was that it's an industrial site in a residential area so everything that we did everything that we were looking at was focused on how do we mitigate that to the best of our ability whether it was the lighting that was selected um there was an initial
fence so right here parallel with Third Street is fent one of the things that we did was we moved this fence 40t in so it used to be out here and we moved at 40 ft this way to shrink the site um we wound up with a couple unforeseen
circumstances at the DPW so in this vicinity right here um there was a 10 in concrete slab and so back in the day so 70s and 80s 90s they used to do all the
salting operations and they built this out to support uh all the heavy duty trucks and realized that until they started ripping up the asphalt the reason that's important is because a key goal here was storm water infrastructure
right and so there was a tremendous amount of storm water infrastructure that took place in this area specifically around this catch catch Basin I'm using the right term Rich um that that we had to do so that was one um one change order um the other change of order so if you recall we went
through a very rigorous um residential process right right and we really wanted to gain the feedback of the residents so we spent a lot of time on the design of the fence right we spent a lot of time on the design of the Landscaping we had a balanced fiscal responsibility right
we can't plant you know 12in caliber trees here and Achieve effect that only takes 10 years right away because of the cost so with that being said we worked with two different Landscape Architects out of kers we worked with our own CTE right Sher sparrow and ultimately came up with a landscaping design what you're
seeing here the other major unforeseen was on Maple Avenue there was around I can't remember the exact number 13 15 trees that um when they planted them they put a strap around the base right and they have like the four wires that
go out so it grows up straight you're supposed to take that off after a certain amount of time if you don't you actually strangle the tree and as it grows if it's a windy storm it's going to snap so we had to take out more here and actually redesign the entire Landscaping buffer so we met with the
folks on Avenue um ultimately came up with a design so that's what you're seeing here so you're seeing the full landscaping design around you're seeing the street trees here pushes 40 fet in um these two here just so you could know is the storm water infrastructure the
goal was to make any storm water run off off of the building a net zero um it's very hard to make water disappear um that's the term that they use with me because I don't understand all the other reduction pieces and everything but we we spend a tremendous amount of time looking at at residential area versus
industrial site whatnot um where we're spending a tremendous amount of time now tremendous because there's three items left on the punch list um before they move back in is at the recycling center um and the operational management here um the goal is actually to hire a
part-time uh DPW employee that would man the recycling center on Saturdays um so it's going through a significant operational overhaul so just a quick flavor of of background and and kind of some of the key changes uh that occurred since the last time we're here and early
was Landscaping one and it was this area here too the other interesting unforeseen just to um uh really round it out is you have sheing that sheathing that goes up the side of the building right it's Plywood And so when the initial assessment was done they said
you know whatever they did like two feet six feet 8 feet whatever Scopes and they saw that they were sheing like great this is fantastic sheating stop at 8 ft so we actually that was another unforeseen where we had a it was a lot like thousands of square feet of sheeting that we had to do in order to make sure that the building had the
right infrastructure so um next slide so some key data points punch list in progress three items left uh the fuel tank so if you know that we house our own fuel tanks on site uh part of the project was to replace them so the demo
concluded yesterday yesterday Monday oh fantastic so now they'll start putting the new tanks in um all the DPW Furniture workstations are installed so once the punch list is done right and we take ownership of the building back then
we'll be able to get in predicated that the co is finalized which I believe it is we'll confirm tomorrow um really important just want to double down on that you don't want to take a building over too prematurely because the minute you do you own anything that's in there so rich Nick Pinsky the owner's rep
Chris have been really taking their time making sure that every single item you know it's it's not all black and white there is some gray right you have practicalities and field condition but nonetheless making sure that when we accept that building back we're moving in at 100% And there's no questions
asked um the offsite Maple Avenue project um so when we came to the planning board and we brief the DBW project part of the bid as an alternate was impr roing Maple Avenue right so
sidewalks curbing streets this started way before the project because originally between third and HRI third and Hendrickson thank you yeah not the way um so we put it as an alternate because we weren't sure what uh how much money it was going to come back as so we
put it as an alternate ultimately came back too high came back 200 Grand more than what the cost estimate was long story short Rich being the in-house engineer that put together the entire bid package to do the offset improvements and hand it out as a separate project so the bid opening is
tomorrow um we'll look to award it now that's really important to note because as we move the DPW team back in right because they've been at the concession stand the building will be operational then we go into the second and Final Phase which is the site work so we want
to ensure everybody is fatigued right that's that's how I've been qualifying it professionals are fatigued the residents are fatigued everybody's fatigued and so what we've been um making sure that everything is in place is all the work to complete the site work right and this is one key piece
because we want to make sure that when we leave right the proverbial we it's done rooms are done building's done no more construction and then you know we can figure out what our new normal is I'm not going to say go back to normal because it's going to be completely different um operational management
iterations underway I double double tapped on that really really important um and then another piece if you recall so both sites um have areas of concern for the D and we have until July 25 to reconcile and close it out um all the
aoc's all the area concerns at the DPW are officially closed and uh green um thumbs up no issues so our lsrp C Martin he's finished up the paperwork and Clos out the d report um and Segway this was great news because we have one final
catch Bas in on the Third Street side a fail and so we had fix it all of that worked out great fantastic one um so next slide Drew sorry to interrupt yeah the the um just go back the awarding of the of the separate project so is that
is that happening is that definitely happening or is waiting to see what the bids are like because it sound like it was a sixf figure additional project that we carved out bid openings tomorrow so this is the essentially like the rebid I took the
plan redid it designed it scaled it back put it back out to bid bid open it tomorrow the reason we said the 24th that's our next council meeting we anticipate it being awarded on the 24th yeah I mean could all come back yeah are they really what if they're all high
that's then we have a conversation at then we would the way the process works is I review the bids with the attorney and I ultimately make a recommendation to the governing body and one of the grounds for rejection is budget if it's if it comes way over over allocated
funds that is a mechanism to reject great can you go back one more but that project will be built concurrently with the site work that will begin as soon as you know winter breaks will in the same time perod that's the goal that's the
goal that's goal okay we we've got all the underground Utilities in on Maple so we made sure the road was saw cut the trenches were back filled we allow enough time for settlement and then we'll come in put in sidewalks will pave and there's three
components to the C fence and Landscaping um actually two two components fence and Landscaping Maple Avenue so the original Maple Avenue scope was far greater meaning the original drawing had
all these additional improvements on it because if you recall way back way back there was plans to like make this into a parking lot and change this into like Rec Center here all that did in back the reason I give that his background is when that 457 came in that also included
some work here that is no longer happening because we've reduced the scope now so it be really interesting to see what it comes back with and we were able to was part of the Third Street phase two I push the limits a little bit there to get some of that done anyway yeah yeah yeah we're in good shape so those
are the two final pieces and when's that when's that site work start so I don't know if the guys were serious or messing with me apparently like in the construction industry the day after St Patty's Day is when like spring work begins okay that's what I was told so they said oh it be the day after St
Patty's Day pending the weather so I'm assuming it starts middle to end of March okay because we also want to make sure from a planting perspective that we time it with the weather correctly so we give it the greatest chance that it yeah you know roots and grows and matures Etc
so goal is by Q2 it's done done believe yeah any other questions um so if you go two slides down just gave you guys some photos right so I should have put up a four picture so this is what it looks like as of today um front of the building looking left looking right you
can kind of see here uh the extended recycling center we added a 40 foot slab to the recycling center to account for all the cardboard so it's it's it's from this pole or excuse me from the the blue recycling can back is a is a bigger um
recycling pad and then scroll down next one just get you an idea of what it looks like on the inside um came out really good we're really really happy um and so pending the three items the co team will move in and then we can begin
some of the pre-site work that has to happen that's DPW no standup desks for the DPW come on so I'll be very careful how I qualify this and Brian keep me honest here so
the way that so the base bid came back and you always make sure that the that the funds that are approved are base bid plus 20% because 20% is the greatest amount of change order um differentiation that you can
that you can legally absorb so if it cost 100 bucks we we made sure we had $120 in our Reserve doesn't mean you have $120 your pocket it just means that you can draw down that additional 20 so when you look at this based on that logic we're 11% underutilized which is a
good thing right so we took the base bid the 20% accounted for change orders and we're 11% underutilized doesn't mean I have that 11% my pocket and I can go do another project it doesn't work that way but as far as has to be within the scope of the project or for some unforeseen
circumstance Andor as a result of doing something you find in economies of scale yeah they basically that's [Music] your I love it spot on so it's so like you said the base bid's 100 well for
argument sake the base bid's 100 you you you you have authorization for you have to make sure you're bonded funded for 120 bucks okay and do you have an allowance in that also do you know we have an allowance on certain certain yeah we have
environmental contingencies 20 the 20% goes both ways you can't reduce more than 20% you can't increase more than 20% well an allowance is something that you require the bidder to build bid in for unforeseen circumstances that that may result in a change talking about so
the 11 recite this but and it won't and if it's not spent you know an adjustment at the end is the 11% against the 120 or 11% is against the 109 right now if we use that example got
you the other thing too right I REM missed and and not to be um not to bring up the state it's really really important so back in the fall the original own were passed away unexpectedly um so that that caused and I just want to say that because Rich
stepped in Nick stepped in Chris yor stepped in like everybody like stepped in Chief stepped in I mean it it was it was a huge curveball um so it's it's it's a real Testament to the team um okay any other question questions on
DPW all right PD Community Center so I'm going to start PD and Community Center um now the two items that you're looking at are on the right hand side is storm water infrastructure for the site all of
these sites were designed for not making water disappear but taking all the water ensuring none of it goes into the system right so whether you and it was an atlas 100 storm Within wants to know like the calculation um that doesn't mean that the water disappears right the water
will naturally um infiltrate into the ground rechar recharge thank you sir um on the left hand side you get an idea of the footprint and whatnot um there have been knock on wood really no unforeseen
circumstances great um if you use the same mindset of the 120 this is is 177% underutilized so out of 100 bucks it's really 1003e Y which is fantastic um one area of concern left
right so the same de type D type report there's an old uh oil tank right around here think it's I don't know how was some people say 100 years some people say 50 years whatever it doesn't matter it's going to come out and then I'll up
now when we when we brief this we also the the planning board the tdrc requested that we we brief parking parking is if anybody knows this area parking is is really really challenging right you got the ball fields and all
that the original parking analysis that was briefed by Rick leer talked about 28 spots here there's some offsite improvements on fixed which is a plus4 and he talked about 28 spots in the
parking lot by the church right so and that parking lot is entirely consistent with this parking lot there wasn't a site plan that's why I'm here tonight right but when we briefed the overall Capital plan we made sure that we accounted for what was going to happen there and there's a tremendous amount of
History here there was a a previous planning board approval there was a a previous understanding of how many spots it need and whatnot we'll get into that a little bit um so just a little bit of flavor this also shows the land landcaping all around and this includes
the rain Garden that exists here um and if you scroll to the next slide you get an idea of what they look like so this is the front of the PD this is to the right of PD weall we're adding a six foot path from Fisk
all the way back um and then this was the community center I didn't go in to take pictures didn't want to I didn't have like anybody with me and everything so I just took pictures of the outside um residential feel um and again heat got turned on today permanent heat uh
which was the final piece now that's just going to open the doors now we can get the floors done we can finish putting ceiling in ETC um and we're looking to do the same type of schedule so once the buildings are
done the police move in and then they knock down the old building and then we do the site work and if you recall the lowest responsible bidder for both projects was Hall so it's the same GC in both locations um scroll
down okay so now part of the reason why I'm back and giving an update is is we weren't able to deliver 28 parking spots we're able to deliver 31 we got three more uh the aster here is that two of
them are reserved for this building and then only during church service which is 10 to 12 on Sundays are five SP spaces for the church so out of those 33 it's 31 that will support parking 31 here 28
here of which this row 14 is police and then the additional four so we were able to add an additional 35 parking spaces to the area um our original goal I believe was 28 um this was super interesting because
what it allowed us to do these and the reason we picked this specific um uh slide is these like little red checkered boxes were test pits so um you have a few different uh challenges with storm
order in this area all of the Natural Area flow goes from the Natural Area and cuts through Community Center fields in here what we were trying to assess was not only can I make it a net zero
meaning any water from what we've created goes into a proper storm water system it doesn't go into the infrastructure but can we make water disappear go to the end the answer was no um we we dug these test pits um and
we we couldn't add additional stor mod infrastructure that would reduce the sheet flow from the Natural Area on down um go to the next slide and then I'll come back to you guys some questions uh
this is the overall Landscaping plan um go to the next slide and we'll come back to this you guys because this is some key data points so we made sure from a consistency perspective the lighting right if you recall we looked at how many cal I think it's Calvin is
the lighting how many Calvin it was what is the rich knows the phrase better than me right but how much what the spread is all of that right um fully consistent with what we did at the PD Community Center we've entered a long-term partnership with fish Chapel
um the partnership just gets stronger every month every year um we have a permanent easement uh with them so we worked with fish Chapel there's a permanent easement um we quote unquote are fully responsible for the parking lot it's a burrow parking lot um and
that was part of the the partnership it went all the way up to their trustees there's a whole separate kind of Hing structure that fish chap will have um super interesting piece here um there was a tremendous amount of can you go back one it's easier for me to talk
to okay so uh can you go one more for me I'm sorry right here cool okay you see this uh post and rail fence right here on the bottom so if you look closely there's a second Post in rail
fence that's where it currently is this property 66 on the back part of the property encroached 17t on the church's property and 11 ft from the front of the property um we had to bring in two separate survey companies we had to go back to
the deed of the 1800s I'm pretty sure King Henry the 13th or somebody was referencing there no joke oh it was it was it was an unbelievable exercise um but we wanted to make sure that obviously
when whenever you do a project like this again you can't leave any Rock unturn and so because of the sight line because of the um not the sight lines um L thank you because of the property line
discrepancies um we we took it upon ourselves to make sure that we we did it correctly um scroll back down two more yeah one and two so we had two separate site surveys that's what the encroachment was was Chief and I
uh have sat with the residents of 66 Maple Avenue they were well aware of it were working with them that you know we make sure fence is put back and the proper Landscaping is put back um but their own site surveys that they have show that their property was over
um everybody have Title Insurance don't worry about it maybe no um we gained a tremendous amount of additional information especially from a storm order perspective this is really really important so if you guys recall we we we
broke up this project really in two phases phase one was like PD Community Center parking lot and then phase two is Community Center fields and area and so where all the storm water analysis is leading us to is if you really want to
have an impact and make water disappear you put a site you put a storm water reduction site in community center Fields with the tennis courts because they believe that fourth order Creek actually went under the tennis courts that's why they always cracked um we did the test pit so we we gained so much more additional information
knowledge about the area that's only going to help us when we get to that phase two with with the community center uh total parking spaces net 33 in increase from the current situation uh consistent with the original parking analysis um and here's that 28 31 and
four and that's why I double as this 2 plus 5 two is for the one house five is for uh church service on Sundays um but but a significant increase was previously there any see quick any questions on
that on the bio oh yeah uh can you go back to please okay so this right here I'll hit both pieces and just chime in where where I'm missing because this is one I missed last time so this here is a storm water
um system recharge system so the goal was to make this site right right prevent as much water from going into the infrastructure obviously we have overflows and whatnot that work this is where the community centers you have um I think it's the north baseball field here and the infrastructure continues
all the way out but this was designed to absorb as much of the storm water runoff from the parking lot the two buildings obviously there's overflow it has to have a system to go out and it's going to be installed under the new parking lot and the fact that the PD is built on
slab won't have any adverse effects on the foundation there's no base space yeah spot up um and then over here we we put a bio retention system so again as to an atlas 100 storm um what I learned
is and keep me honest here is that all the new calculations are based on what the storm um what the storm and the rainfall is as of today right because most folks uh we have one resident come up and say hey why don't you just make it for an atlas 200 there's no 250
right um why don't you like double it well one if we had a 200e storm most of PA Haven would be underwater when you when you think about the amount of water that comes in um but but but it's not it's the the system's not Antiquated the way they the way they conduct these storm water sheet flows the other big
learning moment and I'll come back to the bio retention is that the D does not materially discern with storm water sheet flow between gravel and asphalt they minim there's minimal difference per the D
standard and the reason that's important is is because this has been gravel forever so they're almost both in Pur exactly and the runoff is insane so what we're doing is is curb pavement and every and I'll say this I love saying
this every single rain drop every single rain drop that hits asphalt now goes into this bio retention uh an inch and a quarter naturally recharges an inch and quarter of rain recharges back into the ground and then if there's overflow if you hit
a storm that's more than 2 in hour it will trickle I don't if that's the right word right but it will naturally go into the infrastructure um and and head out there um you want to anything else the bioet is the bio retention underground or visible the bio retention is
basically an oversized rainard so you're it's going to be planted with um water tolerant type plantings similar to the other rain Garden simar to the other rain Garden keeping in in in line with
the you know same type of landscaping even from a maintenance standpoint right yeah I mean everything is it deeper like what's the depth it's it's deeper than a traditional rain Garden but it acts as just like an oversized and there's a
fence around it it's a pool yes it's not a pool it's not a it's not a retention Basin it's it's recharge into the soil and the plants help soak all that up during maybe a heavy rain event like we
talked about you'll see some water in there just like you see out Fair unit we have the sand there maybe twice year you'll see some water in there but other than that it'll dissipate yeah what's the dimension roughly like the length of that it
look yeah I don't I'd have to I'd have to look I know so I can get it to you I don't have say 50 30 to 40t by 20 you know it's basically it's quite large it's going to be between the new parking
lot and the existing dwelling that's on Fisk there it's tucked right in there that's well and that's why I put up if you go to the so it even doubles as somewhat as a landscape buffer too correct you know and that's why if you scroll down proper but what's what's causing in
the drawing itself there's like a there like a hard line around the edge of it what's causing that is that is that a line of concrete is that a line of rock is that just so they they they Incorporated some trench drains at the entrances to the parking lots to capture
any of that run off as well along with reading the lot and the access drives to drain into traditional storeo uh catch basins which will then get piped into the bio retention so it's somewhat self contained within the site the bio
retention allows the brain event to happen does provide some volume but then all dissipate and recharge into the ground it's a green infrastructure design essentially that's what it is you know in keeping with dp's rules
and and promoting those types of um infrastructure right that's my question is in the in the green sense of things is stand out here this perimeter is that showing me that it's a
Concrete curve is it rock material choices grass just it's not a hard Edge natural yeah it's it's like goes from grass then it just like paves it and then just to add we did look at doing
perious pavement for the parking lot a project of this size just didn't didn't make sense and CL the second you Sal for snow it gets cloged and no longer does and by the way same thing for the retention B wait till
you see how that's what you have from back you know you're engineer but it's they look pretty though any other questions the next steps yeah so this whole FIS Chapel pie yes um so you you
said that the the burrow now will take responsibility for that marking did we purchase it was there an acquisition yeah it was an easement agreement it's somewhat sort of It kind of it's like a developers agreement where it spells out everyone's
responsibilities maintenance of the parking lot the storm water the lighting who pays for the electric um and then it gets into the legal from the actual areas that the bur can use from the access drives the parking area
that you know they they drew up the East they own it though it's their it's their owned land it's a document that's been executed by both parties the governing body we may have to amend it you know depending on with the final what the
final is but it's pretty close but the easement then grants us the ability to utilize their space or their right understand it yeah and then we also made sure that both properties you've got this imaginary property line
between the PD and Community Center property and the church that you've got your proper Ada access your walkways you know all your connectivity as it relates to getting like just like we do here with a Sher parking agreement we make sure it all works it was 20 it was
20,000 plus the parking lot that's what 100 e cost oh okay with the church so the easement cost in to them was we brought them a $20,000 check and you exchange of that and yeah's up compensation
or if they sell that property what happens to the easement goes with the de right the as long as it's properly worded it should run with the land correct and and whoever then whoever comes into the ownership has to recognize that
correct I call it first rer refusal but that's not it may be it's I forget great Canon work it's not yet you may have done that I mean you it depends on what you need in the future y if if if the property were sold some
easements um allow person who has access to to purchase depends on what you what you need what you want to do like at the sale Doug like let's I mean I know it's a big hypothetical but let's assume
somebody does buy that and there's an easement there the easements stays with the properties it would continue to function as normal but if if the purchaser of the property wanted to somehow get rid of the easement they would have to pay us or all this is
spelled out I'd have to get I could have swor two in there that we put that the burrow has also a chance to purchase it if we want to okay but again I don't want to speculate it it was ratified a while ago no but it's it's I mean and you have to you have but you have to
you have to conduct that level of diligence on these documents right because you're all friends till you're not right until something changes right I hate to say it my legal buddy tells me that all the time um just a couple of the points right here you know you can see the you can see the connective tissue right so here's the walkway into
the into the community center these are still all the infrastructures in place for Ev we're just waiting for State guidance on what how they're going to um dictate electrical vehic charging both for police vehicles and for personal vehicles on B on municial property so
nothing changed there again we had a net th which was originally briefed which need the win because the more parking we can have here the better um any EV space in the FIS negative no we didn't have enough infra
the we maxed out the infrastructure with the eight spots so we hit how many EV charging stations we have could have based on the current we would have had to upgrade the electrical service it's more complicated than that all right
that's yeah because we we we we asked that and don't forget right so the electric the water right there's fire suppression in this and everything uh everything comes into the PD PD feeds the community center the lighting here is fed from the community center right
so this is all one uh account I'll call it right that covers all three of those areas um and all those facilities are underground so yeah so they they uh the pole comes here all the electricals underground they ran all new if you
remember when they did all of the help me out here they did like 17 streets where they upgraded all the American Water infrastructure so we timed it with that we added in the you have to do a separate tap for the fire suppression we had an upgrade they did a new water out on F
yeah um in anticipation of these projects cool yeah American Water work us and Rich worked that and we got all the flow data and it was all designed you know better than us always easier when the hole's already there yeah well we didn't want to do dig
up a brand new road you don't want to do that that's exactly what we're trying to prevent right so and then we based on our ordinance the utility companies come back now and Mill and pave curb to curb so we had them pave all the way up to basically um the west
side of property line here and then we jumped over and had them finish the paving from Maple heading east so as part of these projects that'll all get done and obviously understanding there's still some offsite improvements parking
the the roadway if you it's getting realigned because the curb line goes out it's kind of kind of not uniform it creates a bottleneck as it is so and don't forget right we're going to jet in on the stor INF instruction we'll televise where
needed every time we do projects like this we always clean out the infrastructure and we always P to see both can deal any compromise infrastructure still here 70 to 100 years old it's one of the older systems within the burrow so to his point what we've been doing is we send a camera and
Jack and we Outsource it we have a company come in inject pipes and basically back everything out there's cases where we 24 only if you go to last side Sheil
then one more so a modified list of this was bried to government body this past Monday or last week losing track my time so any additional work right you you beautifully qualified it right like it has to be within the scope of work it's got to be unen it has to be something specific to economies and scales when
you have a change order there is more data that we have now on fish Chapel right there's going to be some some additional change orders potentially at the PD Community Center contract just given the storm order insights that we have now so minimal but um we're getting
the updated cost estimate the drawing and then obviously we're going to certify funds Brian Olson's also chair of Finance so me him Nancy who's the CFO Cher the administrator we work to ens sure that we have certified funds but obviously seek to authorize to bid
because the goal is is that all the site work right at both locations all happens concurrently so when it's done it's done everybody's even fatigued here right even the residents I keep saying it over and over but I'm asking for everybody's CIS it's right there so that's the
update sweet really terrific um Chief any any comments no like I said we uh worked on this hand in hand uh the neighbors everything's going pretty good the church the design par what the church we work with the church that's what they
wanted they very happy we're good building in the building today it's uh really just waiting for carpet and tile which Perman heat and think can be coming next few weeks so for amazing uh any any public questions with regards to DPW I know we have some
members of the public here any questions all right apprciate so um like I said so the um the master thanks thank you Council
so um you know the master plan reexamination I I think um I think we need the cost piece to have like a meaningful sort of discussion on how to move forward I I think we we've talked in circles a lot
and I think this piece or the draft that he's he's given us I assume is going to help us you know unstick what's been stuck and so I not so I I open oh I look at the
bottom line okay should I wait for the so we're doing budget stuff now so I would love to know rather sooner than later yeah I'm now slide a pie of paper one thing to think we may have
talked about this it was a little bit so my understanding is if it's a re-exam it's in the operating budget which is under the the cap and if it's a new plan then it can be capital and so those are those are treated differently and have
different constraints so the sooner we all can decide the better that we so the constraints on Capital are probably less than the constraints on operating yes it's a different process but then there's there's a little bit more money available right
and I think we determined or at least it was corded last meeting that with the work that needs to be done or the reviews that need to happen it was going to probably look more like a a rewrite anyway and so yeah and so that that was
by definition would probably be something more significant and so look this is really unfortunate what what's happened obviously on a number of different levels and so like I would just like the opportunity to read what was there before it sort of gets sort of
dumped out um and so what I'll do is read it tonight I'll have Sheila distribute it and then we can get the subcommittee together at some point in the next week to discuss it so that we don't lose the time of this of this month yeah did do you do you have a dro
the date kind of thing or is it it's March okay why don't we do it this week yeah yeah uh so that's where any anyone else have questions comments anything on the the master plan
one uh it's it's Andrew Jim and Dave I think right yeah obviously administrator wants is anxious to know yeah we are we're all anxious to know so I think that's
the and so um as far as the administrative items I think we're we're done unless there any anybody want want to talk about anything um so then I'd like to open up the meeting to public comment yes come forward
yeah my name is Scott cor I had prepared some uh comments about basically some very disheartening and disappointing really um things that have come to light in my in my life here with regard to the plan U the planning board now with
regard to planed board members I had a great experience last time when I was here presenting what I was looking at last year but I'd like to just read something to you please yeah you can sit I mean if you'd like to sit you know what I've been sit Sor I I'm sorry this was very very
frustrated just I had to put my thoughts all down on paper so I can you know explain to you guys and girls um so Mr chairman Vice chairman members board Affiliates my name is Scot for standing next to me is my wife Lindsay I came before the board during the march 2024
meeting to apply for a minor subdivision of the property located at 65 Parker Avenue the physical land that makes up the property the land itself is subdividable by right that is to new completely conforming R5 loss can be formed without any special permits variances or zoning approvals from the
planning board the special circumstances that we had come before the board and asked for last year um in March of 20 2024 were those necessary to keep an exist dwelling a 1959 construction 1800t single family split level home remaining as it stood on the corner of the
property of the intersection of uh Parker and Smith during the meeting I offered to change the location of the front door to the home and there was a lengthy discussion between the board and my professionals I had Insight engineering and Brad baser from my attorney here at time um on how we
benefit myself and the the burrow to remain entirely as the building were especially considering that I purchased the house of the original owners actually uh who lived there since 1959 I left that meeting feeling as if the board genuinely appreciated how important it was for us to see that the
original home that helped our family in our great time of need remain intact and it was a picture of that intersection since 1959 fact it's got a huge o on the corner of it um not the most glamorous thing in the world but it's been there for a while and it really helped us um however the months that followed that
meeting leading up until tonight have done nothing but hurt my family and completely sour my regard for the burrow there um as I put as I began to put together the resolution compliance package I had several contractor stop by to provide quotes for what was being
requested the drywall the bur was asking to be put in place to manage the runoff from the existing home and to replace the concrete curb sidewalk and driveway apron along the entire 104t length of Parker Avenue fac the property the estimates for this work along were
between $4 and $50,000 I understand that new building code requires proper Water Management we just went over this with the with the town um the town master plan I understand that completely um for example on the new interior lot that would be created on my property but why am I being required to dig up a massive
10x 10x 6 foot section of my yard to install a drywall and dig trenches around the entire house to install a water management system for a home that has existed and managed its own runoff without any issue since 1959 to be clear no changes to the amount of impermeable surface area which
we also spoke about for from a new building structure or hardscaping are being added to the corner lot it will remain entirely as is the newly formed corner lot size is also beyond the 7,000 foot um 70 by 100 minimum zoning Ms for an our five Corner lock by that same
token why am I being required to rip out 104 linear feet of perfectly good curve and sidewalk work uh sidewalk on the Parker Avenue face of the property when the utility installed for the interior lot will only disturb approximately 10 12 maybe 15 ft of that total length and
will not affect the driveway e in any way what makes matters worse is that the burrow is planning to redo the or so I heard that they're looking to redo the curve sidewalks and road on Parker in the near or not so distant future anyway so I will be contributing to instead of benefiting from these improvements
unlike the rent of my neighbors nonetheless I proceeded to work toward perfecting the subdivision because I was so happy that the house could be that could remain and I sought some guidance from the burrow with regard to several items after all I'm not Builder and the town specifically asked that we work together I think we mentioned it before
about the road to develop you know so that everything was happening at the correct time and to develop a lot in a manner that was consistent with the neighborhood aesthetic and the overall burrow Manion plan on May 14th I sent an email specifically to Mr Gardella requesting feedback on the length and positioning of potential future
driveways and utility locations I got absolutely no response from Mr Gardella regarding any my questions in fact after every after the first survey and utility packet was delivered by in inside engineering on June 10th which Rich did acknowledge with a simple email stating
that we the burrow will start reviewing there was absolutely zero communication zero communication from Mr gardilla straight through till October 17th when he replied with his first resolution compliance letter titled resolution compliance letter number one however
even this response was not prompted by his own Coalition rather this letter was prompted directly by the Town Administrator who I had to reach out to in contact seeking a response from the town for our compliance package by that point early October we were seeking absolutely any response that we could receive at all from the town since the
190 day deadline to record the Deeds was approaching on October 23rd six days later in fact I doubt if we would have ever gotten any response at all from Mr Gardella without requesting the town administrator's assistance and soliciting our response and I appreciate what went on here I
understand that the man's busy and he's right here like I I I I I appreciate that and again I'm I'm a resident I I understand I'm not your highest priority um but upon receip of that first letter on October 17th we thought oh great now we can respond
appropriately and finish you know hear his comments about what we are in compliance with out of compliance with and um we could probably get this all done in six day window from 10:17 to 10:23 however when we opened the letter titled resolution compliance letter number one there was no meaningful
response to what we had submitted over the five months prior in fact the only thing Mr Gardella chose to do with his initial respons was to suggest that we had somehow misrepresented the ownership interests associated with our property insinuating that we were perhaps acting as Straw Men for a local Builder this
letter simply wasted more of my time and required a response of my attorney to clarify that we were the sole owners of this property Mr gardella's second letter dated 10:31 which was on notably eight days already after the filing date for the Deeds the 190 day window it was
the first single piece of actual and useful correspondence by the borrow or any of its Affiliates that we as the applicants could look at and say okay let's get to work to address the areas of non-compliance as quickly as possible and continue moving us along at no point during the prior five months did Mr
gardela ever pick up the phone or send an email to clarify or provide any guidance to what was being expected of us as the applicants during those five months we had inquired for status updates more than a dozen times furthermore it was painfully obvious that little if any attention was being paid to our application by Mr Gardella
in fact he must have copied and pasted from a previous compliance letter because he titled resolution compliance letters number two and three for our project as 129 Hance Avenue we were representing 65 parram perhaps even more egregious was that one of the areas of non-compliance
noted in letter number two was the alleged lack of publication in the newspaper this despite the fact that the burrow was the entity that physically handled the publication so the left hand of the burrow did not know what the right hand of the burrow was doing in
any event it was at this point as evidenced by an email that I sent to the burrow on 111 the day after I received that on 10:31 that I became aware that I would have to remove three additional trees that would interfere with sewer and gas utility installations and that one would
interfere with the building envelope interfere with the excuse me the building envelope of the new home on the interior laot to be clear it was not Our intention to request to remove any trees that did not absolutely have be removed in any event we submitted a revised tree removal permit application reflective of
Mr gardell's compliance letter comments dated 10:31 on November 6th and we did not hear anything back for six plus more weeks several weeks later Christy Larson did respond and stated that as per Mr Gardella quote the items from his latest engineering letter need to be addressed
prior to any permits being issued that's reasonable however every single item that was in the letter was in fact addressed by the revised tree removal permit application that we submitted on November 6th I had to send numerous emails to Sheila Olson who by the way had been
excellent prompt courteous and the only Beacon of Hope throughout this entire process thankfully she was able to locate the revised free removal permit application that addressed all of the concerns previously mentioned as more time passed we finally received resolution compliance letter number three on January 15th in this letter Mr
Gardella now said that the Burrow's tree expert had deemed our project a large scale tree removal project this language which was added in the amended tree ordinance dated 1112 and published on 11:16 did not exist before um when our
um Tree application permits were were submitted um so we cannot be comp required to comply with an ordinance that did not exist at the time of the first submitt or the revised submitt so essentially from November 6th the date of this to revise sub mittle until January 15th the town was sitting on our
revised tree removal permanent application but they didn't even know that they had it once again the Bulls dropped by the bur as soon as I began to push back on not being governed by the new tree ordinance which again was um adopted on the 12th of November and published so
it's formal on 1116 of 24 um as soon as I began to push back I got another escrow bill from the burrow on February 3rd of two for $2,000 right I got to pay for my experts I got to pay for their experts
prompt as always I submitted a check for that amount literally two days later we get an email from Mr Gardella stating that we missed the October 23rd 190 day deadline and we need to reapply and submit even more escrow and application fees to the burrow before an extension
could even be considered or granted you even appear here tonight what has become painfully obvious here is the absolute lack of accountability in professionalism on behalf of the burough and its constituents this process has been an absolute nightmare for me and my family and the mere fact that we were
asked to resubmit a new application with all new application and escro fees in order to be able to reappear in front of the board to ask for an extension is in a word unbelievable it actually feels like we are being deliberately targeted because I've been vocal about my frustrations with this Pro process all along when I asked ahead of time for a
simple extension application form to fill out I was advised by the bur that there was no such form why should we have to pay my family why should we have to pay for any extension fee when the burrow has been completely unresponsive and is essentially responsible for missing the filing deadline to begin with in fact when you lay out the
timeline and the first letter penned by Mr Gardella it becomes painfully obvious that the bur is doing everything or it seems that the burough is doing everything in his power to hurt our family the first official correspondence letter from Mr gardella's office resolution compliance number one dated
1017 6 days before the 190 day window made no comment on status of our application it it was just a passive aggressive threatening letter in fact the first letter that had any really usable information with regard to the stat of our resolution compliance was dated 10:31 which was already after the
190 day window to record the Deeds the burrow put us in a situation where it was physically impossible to record the deeds in the 190 day window allowed throughout the months of July August and September and the beginning of October I reached out to the board secretary numerous times to inquire about the
status of application she she just kept apologizing for the delays and at one time mentioned that Mr G I believe she mentioned Mr G was at a fraternity leave or some other family leave or something every man or woman should be able to exercise the right to be with their family 100% I got no problem with that however how was an alternative
Arrangement not made by The Bu to handle the communications of normal business that needed to be T taken care of Mr gardell's ass during the month of September I actually ran into a planning board member who sat on the planning board during the hearing for our minor subdivision and after hearing our nightmare of delays and lack of
communication by the burough he said that he act actually wasn't surprised at all and and he knows the communication and the overall process is absolutely horrible he told me he was currently running for counsil at the time and he was and one of the items on his platform was to establish the office of the idman to assist applicants who are being
treated unfairly by the bir in early October I specifically asked the board secretary in a group email dated one week prior to the expiration of the 190 day window if this deadline would be an issue Mr ganella did not respond to my concern at all instead correspondence between the engineer and I began on
10:31 after that date and continued until 23 of 25 with absolutely no mention of the deed reporting deadline issue it was only when I began to request a specific response to the issue about the tree ordinance that the burough decided to Stonewall my application rather than address it in
writing this process the simple minor subdivision of a single piece of land into two R5 conforming R5 Lots has cost us over $40,000 just so far in engineering escrow and attorney fees think about that it's a simp there's no there's no
development plan it's it's it's a simple subdivision development plan starts after this all we are asking for is to be treated fairly as the board secretary can attest anytime there was correspondence from the town or something that required a response on our part we were borderline instantaneously prompt and doing what
was required at the time of this meeting the only outstanding issue is the appropriate response from the bur's pre expert which we have asked for on three separate occasions the burrow in bad faith has failed to advise us of the negative material impact of the revised
tree ordinance and what what what it would mean to our to the cost of our project even so our tree removal permit applications both predate the ordinance change we should be grandfathered in it was the burrow that sat on our revised application and didn't even know that
they had it meanwhile all this time back and forth between the town and my higher professionals just cost us more and more and more money for no good reason major life decisions were made based on the result of the March 24 planning Bo meeting highest among them was the decision to rent out the home located at
65 Park revenue we moved around the block Bally we are a middle class family and we're not a position to carry two h two property with mortgages on them especially for any like the time the home existing as it has since 1959 once again saved the day for another Fair Haven family in this particular instance
the new tenants who have been Fair Haven residents for over 12 years were forced to sell their family home in town because of a personal economic hardship the family wanted to remain in Fair Haven till their three children finished school school after all aren't the schools one of the biggest reasons they were all here in the first place so in this case the existing home is now
providing an affordable way for this family to stay in town if the home had been demolished and replaced as this new to conforming lot scenario could could be um this would not be possible as you know a lot of New Wealth is moving into this area however keeping the old house on the property and building a new one
on the interior lot next to it is the perfect balance of access points for future families as was recognized by approvals we received at the Mar 24 meeting during that meeting I believe the consensus in the room was to promote Economic Development within the authority granted to the board by ordinance not to hinder logical
conforming development by burdening the applicant with insurmountable costs and bureaucratic red tape had we not been tortured by this process as it has unfolded thus far to date the interior lot could have been well on its way to performing as a permanent $8 to $20,000 tax rateable for the town for the
burough it is especially worrisome that this development is being stifled while at the same time the board of edication actively creating a foundation for donation to help fix budget shortfalls it's ironic really as you're all aware um the planning board has the authority to take action at any of its public
meetings and we are here tonight asking for to please listen to our story and provide us with the necessary extension to move our compliance past the Finish Line additionally we're also requesting that the drywall and concrete requirements for the existing home which will not meant to be touched um be
removed from the compliance requirements the combination of the increase in performance guarantee $50,000 just with the performance guarantee and the work itself another $50,000 plus the 40 already spent make it completely uneconomical to keep the house and we believe that keeping the house as it stands is best for all involved thank
you for all your time and I apologize for being somewhat long-winded but we are extremely upset at the treat that so okay so thank you for your uh for your statement Doug what what are we I
mean we I don't have an application before you I know saying he not want to make an application but I don't know what you work off of and I don't know so our board right like we we need to take we we need to have we need to hear an
application right and have it heard in the P you know ahead like have it announced ahead of time and heard before the public right that's how our process as the planning you know as the planning board works as you state like we as a planning
board took all the required actions um in a fairly compressed you know timeline from the time you submitted on February 28th to the time that your resolution was approved on April 16th right so I you know I I sort of empathize with
everything that you're saying and it's clear that you're you're having struggles trying to get your your project completed but we're up against I think some stash tool like like nonb non you know
nonb state law you know in terms of when things have to be completed let me let me do this let me try to unpack the issues that you have and and the issues of the bo will have address that I'm not providing you with legal counsel
okay what I heard was you'd like to relieved of some I don't know whether you're asking to be relieved of the permitting just let me unpack each one permitting for the tree this board doesn't have any jurisdiction over that
issue as to whether or not your grandfather or not grandfather that's something Beyond this board's jurisdiction you're going to have to address that and again I know this is the last thing you want to hear but you're going to have to address that with the with the burrow the
municipality or the this in charge of that per can you pause for a second I wrote the tree ordinance we'll talk after the meeting yeah in terms of asking to be relieved of conditions of
approval certainly make I mean you can take your application and again I'm not suggesting that you do this but it has been done before when people need extensions of time they take the application and again you should talk
talk to your own Council about this ask to wave a number of conditions I'd like to wave this I'd like to wave the feet I'd like to wave this the board has the opportunity to take that into consideration and wave that you would only know that if you spoke with counsel or receive counsel from them again not
trying to make business for lawyers but we have had people come in and ask for extension it happens not but in terms of granting extensions we have to take a look and we have to have something before us by way of evidence as to the basis for the for either the the reason
for the extension to get your approval and if it's a waiver of the conditions we'd go back and take a look as to why we put those conditions in initially unfortunately if if the board is anything like me I don't particularly remember all the minutia or the detail I
wrote the resolution on Shore as to why we wanted to dryw done or what the conditions were or why it was recommended but again we can always take a look at that at the things but I can't simply undo that without the proper procedures of following Municipal land
use law which is codified in our ordinances as to how this matter comes before the board and I understand that and I appreciate um I'm not trying to be I'm not I actually expected that response I appreciate that and the reason that I didn't I didn't fill out the new another redundant application
was because everything I do I have to like why should I have this this delay was no fault of my own I've done everything that I could possibly do to get this done on time and I just was like didn't happen so what I was really asking for
is I understand you can't wait the process but but why should I have to pay another I just laid I literally could a $2,000 check on a Monday and then two days later oh by the way two and a half months ago you missed I I knew that that date was important and I had asked and
tried to push through I will I will tell you this I I'm not going to make a comment on and it would be unfair for me to make a comment on any matters involving Personnel you certainly have a right to to make any comment you certainly have a
right to make any criticism you certainly have right to make any comments this board will not make any comment in terms of in terms of our Personnel um because number one I've I've got some statutory obligations if I'm going to discuss member of personnel as to whether or not that matter is
going to be discussed in public we haven't done that you're free to make your comments it doesn't insulate you from anything free to make your your comments I'm not going to characterize or or not characterize I'm going to take your comment for what it's worth and I
know that board will will investigate further from there but in terms of getting you to the next step all right here's something my grandfather told me a long time ago we can fix the blame anytime we want before or after let's try to fix your problem
first let's try to get you your permits and can't do anything for your trees in terms of conditions if you set that out and and at least get us the information so we can get started so that we can pull your old resolution take a look at
those things and get that started if there are sufficient funds already and we can talk about a reduced fee the board's going to have to make that determination I can't make that determination I can't do it on a subjective basis and I know your
feelings of it's it's not it wasn't me that dropped the ball you guys dropped the ball but it's coming out of my pocketbook I hear you and that's the reason why um respect that's the reason why I would have to bring my attorney and my engineer they'll get paid for no reason everything's done already like
all the submitt like everything that needs to be submitted is done already and accepting that for the moment if something happens in the middle of your hearing where you need somebody like that I don't want to set you back again at least at least have a consultation at
least and again I'm not trying to make you spend more money you've already spent more money but I I I'd like to get you done and get your project I'm at the point where I don't have more money to spend I am not made money this is an incredible amount of money is a simple thing I encourage you to fill fill out
the application to the best that you can come something that you can't do request a waiver I'm going to turn it over to professionals to take a look at to see whether or not based upon the information you've submitted they can make a reasonable recommendation to the board to either support or not support your application and we can do it the
best we can is there a way for the applicant to request relief on the fee in the process of filing the application such that he doesn't have to front the M he can he can make a request for those wav in terms of of those types of things as to whether or not those fees can be
waved that's going to have to be something we're going to have to Res with the administration about I don't set fees here you know what's the path for the administration reviewing that question let me talk to you separately that would be a matter of counsel I'd rather talk to you individually and I
tried my best um to compel a response from the town regarding the tree the tree expert um Sharie Spiro um she did respond that um I understand this is not your perview within I understand that um but she did respond that you know
basically based on the new ordinance change it would be a um what's called a large scale listen which I understand that right um but I'm trying to to compel a written response I did so my myself through
email three separate times and I'm here tonight how do I how do I compel the response to try to get where so I'm not looking I don't want to ruffle any feathers I don't want to be here tonight and read that to you or anybody I really feel I can't provide you that counsel as
to how how you comp compel response from and that's and to the ex s that you want that belief and you can you know I don't know what the permitting process is for trees I would I wouldn't know if it hit me in the head but in
terms of at some point in time someone reviewing it make your pitch there okay so what what we can do I think as a as a board right is I think it's worth a discussion with Chris I
think it's it's worth a discussion um you know I think it's worth discussion with Chris to to like just make sure that there's there's if there hasn't been attention that there is I'm not saying there has or hasn't but sort of like what you know we can ask that
question and then understand you have you have limited jurisdiction you can certainly certainly encourage them and certainly pick we had M if you'd like me to pick up the phone tomorrow and speak to your we've had a member of the public come forward and talk about an issue that they're having right now that that
problem is something that that we can take action on as a board tonight right there's nothing we can do to sort of help that problem or alleviate that problem right we we from where I'm sitting as chair of the board right unfortunately is you know we you
submitted something on February 28th we all agreed on a resolution right we all agreed on on a resolution your professionals were there th that resolution was agreed to and on April 16th that resolution was sort of written and signed off on and so your 190 day
clock started to tick right when you know I after that I I don't like I said the 190 days is a is a state law it's it's m Municipal land use law that there's nothing I can do about that right now right there's nothing we as a
board can do about that right but what we can do right is I think if if you consult with your professionals and come back to the burrow with an application or or something that we can hear before this board something that I can advertise and
get on an agenda and something I can put on a meeting agenda that can then be debated and and then perhaps acted upon I that that's all I like as as the yeah so is it possible that I could fill out the the new application and get on the
next meeting agenda so I can possibly get an extension for the because the major relief I need to the other stuff I feel like it hopefully can be worked out but the main major thing is what's preventing everything is I need the extension for the land use law days let
me in protection my client say the following if you complete an application and it is deemed complete so that it can be listed on the agenda it doesn't sound like it is anything because you're not asking for variance relief unless one of those conditions
fired variance I don't think it did then you can probably do that without having to advertise for notice probably come here before the board but we need to be able to have our professionals take a look at that so they can make the recommendations
particularly if the board initially as a condition wanted some type of structure there to to to address issues that we either saw or were recommended by our professionals to address the reason why something in
1959 maybe didn't have those structures is because after 1959 you were born probably after 1959 we had Irene after 1959 we had superstorm Sandy after we learned a couple of other things and there may be
other issues there so that that structure that may not be addressed but that interior lot structure may need something so that you don't so we don't screw something up there we try to do something better even though it may not have needed it in the past we try to
improve the situation there every time we can and where we can particularly as youve already heard where we had we already had the hole there so now we're going to do as much as we can to take care of that that may be why we address that I'm speculating no I understand and I understand that we new construction I
have no I don't question the logic of all the that was discussed here with no construction I understand that completely with regard to the corner lot that's what I'll be so I I'll I'll complete rise application I'll submit it and I'll try to get calendar as soon as
I um I just and and as a courtesy to you I mean I know you don't want to incur more legal fees I you know I I take calls from Council all the time that does not result in a bill to the burrow or that just just to speed and expedite
things along have your Council give me a call I'll try I'll I'll can I just add a few absolutely yeah I think rich I appreciate your comments and I I feel bad even like you're right here
to the Chairman's point the application came in the end of February of 24th I reviewed it we reviewed it internally less than a week we got them before the board yeah within a few weeks which is at re speed we then handed them
a resolution of approval that April with many many conditions and the way we we approach these is you as the applicant which essentially as a developer because
you're going to develop that property is responsible to take care of all those conditions agreed so I'm not going to get into the specifics on timeline and all the technical stuff we can we can save that for the for the next meeting
fixed plan fixed problem but yeah and to the council's point um the I guess part what I want to just I'm the board engineer I'm not here to walk the applicant through the process
and ensure them okay are your taxes paid or you know all that's their responsibility to submit all that stuff and yes there are still things that need to be done I mean we just got the Deeds two weeks ago so it's it's there's
things that have been trickling in and um we have you know we have we've been asking for months for respond you and we've got like nothing it's been I mean so respectfully we gave you the floor without interruption i' just
like to hear my is you have a resolution it spells out every Point by point you know based on what was uh memorialized in that resolution there's all the findings of fact it talks about the testimony it talks about the the planner
letter Engineers letter all the technical stuff that goes with with it it talks about all the Outside Agency approvals your sewer your your utilities your off-site improvements your tree removal whatever the case whatever has
to do with that application it's the obligation of the applicant to get all that stuff and get everything in it's it's not for burrow staff to sit there and and sift through the whole resolution and say oh wait you still
need this you still need that it's it's it's got to be submitted in a complete package and just as an aside your engineer did make a submission every almost every comment says the applicant understands this requirement and will comply the applicant
understands this requirement will comply the application applicant understand so it's the redundancy of that comment is telling me all right they're going to work on it they're going to get it to the burrow and you know as things move along
so I sent you the email saying hey wait we're expired and I don't have a Tickler file on that stuff I don't keep track of of when um approvals necessarily took place and when that 190 day uh expiration is
as per statute that's why I referenced the old email from your engineer that said hey wait we're getting close so um I I mean from us as a as a planning board right if if somebody was getting close to a
deadline like I'm you know we're happy to hear an application for an extension right I mean generally the generally procedure is that Ford is has formally lapsed the the request for an extension comes in we have extended that period of
time if there were conditions that the applicant could satisfy and we examine the reasons for that yeah that that's why like like we would I guess the biggest problem just thinking about this holistically it is that this whole time we've been treated as a builder all we
are are just residents who own a piece of subdividable land and we're just looking to to do it the right way not R flny feathers and and have some guidance and to the point where I met the one planning board member at one of the town
events he have suggested in office of the a busman we need we need to do something I live in this town we need to do something so that if another member or I'm sorry another Resident comes before the board and has an issue like this they're not treated like a builder and expected and I understand Rich's
point and I get that I appreciate that you you have to also understand that you you are the owner of the property right so you is the owner of the property and I I don't need to be blunt or sort of you are the owner of the property right seeking to do something with the property that is in completely within
your right to do right but you have to own that process as owner of the property right and so like like it's not as as Rich says like I I I can see both sides of it but it's not the we can't as
a as a board like once you've done your once really pretty much once the board has done its memorialization we lose jurisdiction over the matter right like we we laid it all out we agreed right and so even if like on you know after the meeting there were things in the
resolution that you were uncomfortable with or your professionals were uncomfortable with that would have been an opportunity to then say look we can't sign this or we we can't and then it would come back before us and we would then debate it some more but it's like it like we're in sort of a bad place
here but the the the the the point that I want to make though is like it is within your right to to subdivide the property but that subdivision comes with certain requirements that that that the board you know that we all agree to
right and so I as the owner of the property though you've got to you've got to drive that process as as as the owner and that's what I've been trying to do respectfully that's what I've been trying to do um I've been trying to do it using the professionals where they absolutely need to be used because I can't just be
required to just like I noticed when we were just talking about and the the councilman had just presented the other projects right we just glanced over several $100,000 issues like it was no big deal um like with the the drainage and stuff like that and like for me I
not the town I can't just pull from all these places so like I need to be able to to your point manage my own project own it I'm doing it 100% I don't sleep at night because this is all I think about this is all I think about I can't even sleep at night and um so a surprise
2,000 5,000 is to death 5,000 cuts and that's the problem is like I would love to just pay the professional to be here and I've done everything that needs to be done from an engineering standpoint but now and I tried to just agree to everything that the board had uh that that we had ratified that you had ratified um cuz I just didn't want to go
against the grain I was so happy that the house was going to remain and then what's happening is just like the reality this it's just it's insane it's like the requests are just especially with regard to the house I understand if I was knock in the house then I'd be required to manage draining and all that stuff I get that but this house sits on
a on a lot that you know no changes are being made to that portion of the lot and it conforms to the minimum size standard for an exist so we're not going to other people's properties and ripping out their yard hard to put a massive dryw and we're not doing that so like why should I have to do it at first I
just agree but like the reality is just it's crazy it's just totally crazy so I appreciate your time and the only other thing I want to add is and you you kind of said it we tried to use your professionals only as needed and although that is a cost
savings as licensed professionals and you're professional for the board we typically deal with the professionals directly yeah it's professionals they submit they make all the submittal everything gets a cover letter everything is you know logged in
accordingly based on you know what the resolution says on technical matters these are this is the first time I'm hearing of these types of things where although administratively I we don't have the right to to to me those types
of things original design we haven't even had that conversation with your engineer and that's where I even said I don't know if I directly said it in the email but I know Sheila and I we had spoke about it because the question came up what is required you request the extension the
Board needs enough information so they know what they're reviewing prior to the meeting so they understand what you're asking for and the ordinance spells out the reasons why you need an extension of time it could be you know you didn't get
your two River sewer level letter until a certain date or you're waiting for this approval or whatever the case or but if I just had a little bit of correspondence from the town to say if I just had that literally a month earlier because I was getting all that stuff together and I didn't know like like when the letter came back I was like
well you didn't submit it in the paper yes I did and I could prove that I got all the letters lined up all I needed was you know just some a little bit of that's why in the email I had recommended I said both the attorneys our attorney and your attorney are copied they could have a discussion on
what's required to come for the [Music] extension based on I just I guess my question is my does my attorney need to be here to request a simple extension I can fill out you can you can represent yourself proide but before you do that
again I'm giving you all the disclaimers before I don't know what you're going to ask for I'm just ask no I'm just saying I don't know what you're going to ask for so it's difficult for me on a hypothe iCal to say yeah you don't need your profession if you're if you're
asking for something like and again it can be very technical you know if you're looking you know I don't want to put in a drywell when it was recommended you know we're going to we're going to ask our our engineer you know
what does it you know do we need the dve do we need something to capture from roof guard I mean I'm going to tell you every just about every application this is the planning board but just about every application that comes before the zoning Board of
adjustment right now because of of of different conditions in different neighborhoods people are encouraged to put in you know a dry well even if they're doing an addition to capture things off of you know gutters and leaders to go in where they can and
that's and that's not on you that's the way in which our land is in in the Bur Fair hav we have areas that just get soaking wet and a minor development here or increase in impervious coverage it might be easier to capture it and a dryw well on
yours because of the house next door because you own both it might just simply be easier to do that I don't know that and quite frankly even if he gave me all that information I here Mr gella tell me what to do yeah
but even Mr needs at ahead of time I can at least open yeah my purpose here was I got you yeah my purpose here is just to lay it out and just say can you please give me some gu I'll fill out the application I'll come back that's fine I just it really didn't sit well I I I
encourage you have your counsel give me a call take the application to the extent that there's a section wave wave what you want to wave a bunch of things in some we can some we won't be able with conditions don't we have to amend
this resolution you would not be you would you would ask for an amended resolution that's what you're going to ultimately do I would encourage you to staple your past resolution of approval that'll get us started in the right direction and if you're going to ask for
certain waivers of those things you know be clear and concise as to what you're doing people come and represent themselves all the time that's that's good and that's bad if they really good and it's not and it's and it's relatively straightforward we have had people come in and say look
I just didn't get it done I'd like an extension time and we say to them how much more time do you need and they say two months and we give them six okay you seem like a nice fell I don't want to see you again until you know you
don't want to see me again you don't want to see me again I don't I don't blame you but I'd like as I said like to fix the problem if I have that a gets thrown get put on to Mr cardella's desk he'll take a look at those things if he needs additional
calculations or something like that there's going to be a request room that's where it gets sticking if you're going to ask to have something undone people come and ask for an amended resolution of approval on a regular basis it's it goes fairly the extension
by itself doesn't need an amended resolution the EXT just we will do no an extension by itself will require resolution because we're going to change the time we're going to we're going to give a rationale based upon the statutory criteria as to why you're entitled to that we will find if if it
is if it fits we will find a basis to do that and that's what we'll be ranted on okay thank you thanks thank you um I I would like to uh any any other
comments public any other public comment um we adour you want to discuss this further if you want to discuss this further and get the benefit of my Council I'd ask you go into an executive session um I think that's probably a good idea we're
going to go into executive session I don't think we're going to take any further action other than let me frame the following motion for someone to move and second um whereas under the open public meetings act there are certain matters that can go into closed executive
session to the exclusion of the public at which point uh those matters will remain confidential until such time as the need for confidentiality is no longer required in this instance we would be going to into executive session presumably to discuss the matters we just heard and receive
councils my councel which is one of those matters that can go into a closed executive session I anticipate that we will go into executive session for how long 20 minutes 20 minutes we will not take any further action publicly other than
to adjourn the meeting after that 20 minutes may I ask for a motion so motion may I ask for a second second do you have that recorded M olon yes okay folks we're going to go into close session that's that's that's all that's
that's all evening someone's on the phone yeah are we taking comments okay sorry well we I can ask I can ask okay I can ask that motion to be stayed who made the
mo so we ask that motion to be stayed at this point in time they will now still remain in public session let's take the public coming yep we have no there's no oh they're gone I thought she said never
mind do what we just so I stop recording yeah we're in executive session just wait for that to die I'll still listening who stop recording