##VIDEO ID:ihEVhtK7zfA## Advance en location the SC brother certainly knows and understands that it's required to come back before the Ford to get site plan approval with respect to expansion of facilities why don't you what are you asking for okay well I'm telling you what we're not asking have you done what do you want to do well I was trying to head off some because we can't change anything that that we already well don't want to do that okay so variances were granted taking the position that they run with the land what we're asking the board to do is permit an amendment to the site plan to allow a different method of fencing the property uh the uh detail that was provided with respect to the initial site plan plan did show a sub type of materials fence and at this point in time there exists there a chainlink fence the chain link fence was installed with with the um approval of the Cannabis uh Commission State commission and also got temporary approval from the township this is a uh a request in terms of an application for amended site plan approval to allow that fence to stay in place as a permanent fence for this particular location so the type of fence is different but it is fencing nevertheless as required by the land use board excuse me the zoning boards requirement with respect to that permanent fence there now it's it's the fence that's there now right and the other one's a little bit fancier the first one's a little fancier but this one we would respectfully submit is equally functional uh um the first one was I specked out on the plans is a so-called Merchant Metals fence this is a standard chainlink fence which serves the purpose may not be as decorative but it but it did receive temporary approval from the township the applicant and Mr uh the uh property owner would like to maintain that fence in place as a permanent measure the second aspect of this is now I want to get into detail with regard to early approval what we talked about Phase 2 phase three phase 4 the the contemplation was that as part of phase one there would be additional improvements built out building and Greenhouse improvements that is not in the cards at this point in time that's not presently envisioned so the scoty brothers would like to maintain the status quo in terms of what exists at the site at this particular time without the need or necessity to install site improvements with regard to Paving with regard to storm water management with regard to additional sight lighting at this particular location until phase two is activated under which circumstances we would need to come back before the board to get final approval of it for phase two uh so there are the two aspects of the site plan that we're seeking the board to permit the applicant to amend with the board's can we make can we make that simple what is it that you want you want the fence want the fence the improvements on phase two phase two that's exactly that was a long ways to get all right you're absolutely correct I and I understand completely where you're coming word huh you're not getting paid by the word in trouble oh well that's okay is one is just the extension of the proposed Warehouse correct fa not even no fa you want to talk yeah face good evening everyone and I I will be short uh phase one is existing buildings will be maintained so under phase one uh we were to pave and to provide storm waterer management um we're asking the board to consider keep the gravel which then would not necessitate the need for for storm water management basement uh we will put in the Landscaping as shown on the site plan we will add some lights on the plan as shown on the amended site plan and we will provide handicap parking delineation as part of the site plan Mr have you built anything for phase one is it or is it just was existing we haven't built anything for phase one other than the inclusion of the fencing so we will add Landscaping as shown on the plan we will indicate the handicap parking spaces as delineated by Mr Shy's office and we have added lights on the plan for security reasons pole lights and some building lights as part of this phas so we'll we want to incor incorporate those changes to the site plan now when we come back for Phase 2 three and four which is part of the overall all those improvements is shown on the original plan will be completed so the parking lot will be paved the Basin will be constructed and we'll move on from there so simply we're asking for the fence to remain and no Paving for the [Music] park there's no new tenant that we heard Tes there's no new tenant so we so the facility is operating now for cannabis um for growing and Manufacturing um and and I guess there's no change to that right now it's going to operate exactly the way it's operate that is correct um the survey talks about outdoor Nursery areas hoop houses and the ls are they currently being used currently they're not in use so there's only one use and it's the Cannabis there's no other growing going on on the site that is correct there's no other growing I might as well stay up here paragraph three talked about two tenants as shown on the plan that's been removed from the application um paragraph 4 talked about the new layout I guess that's not part of this application anymore either uh paragraph 5 talks about a new security plan for the new tenant so that's off the table paragraph six um that talks about the Ada parking and Mr Orlando indicated that they will provide um let's leave that there two handicap parking spaces will be dve as part of this appropiately signed and striped with a hard surface with a hard surface okay paragraph 7even the existing 8ot fence on the survey does not correspond with location of the fence on the site pl we heard testimony tonight we want that fence to stay in the same location it is now is that correct that is not correct i' glad you brought that out um the gate actually sits a little bit further into the site as part of this application we're going to move the fence uh the gate a little bit closer to the the road so that all the parking is within the fenced in area so there isn't the my plan that's shown shows the correct configuration of the fencing and gate the survey does show it about 40 ft say so that'll be changed so the fencing that's proposed as part of this is the fence that's shown on your plan Mr Orlando correct that is correct that will incorporate additional gravel parking spaces that is great more than is there now and the gate itself what is the width of the proposed gate the one that's there is pretty nrow it will be wide enough to support two-way traffic our fire code official made some comments is that right Chrissy we didn't get any he did but we have official and he was concerned about the turning radius I guess at the corner of the building so I did take a look at the radius for the fire trucks for the fire trucks uh the existing fencing may me may need may need to be relocated slightly away from the building in order to accommodate that fire access we will meet with the fire chief out of sight um I have done a a sketch to to indicate where that is it's in two locations um but we can accommodate a firet truck around the building and you also had a comment about the the well and the I understood that uh they were looking for an upgrade at well again we'll meet with the Fire official to determine what his needs are and as a condition of any approval this evening we will gladly accept those conditions to meet with the fire department talk about accessibility both around the building and for the gate if that's a concern of his and along with the fire suppression well so we will make that a condition and we'll meet with him and whatever he needs we do okay so I guess technically the board should if they're inclined to approve this should Grant a design waiver for allowing parking to occur on non-paid surfaces your ordinance says all parking has to be paved this parking in the new in the amended phase one parking will not paid so it's Stone so you'll have to Grant a design waiver allowing that [Music] agreed can so none of the number of employees visitors and deliveries has changed from the original approval that happened back in 19 I mean 2019 or 2020 that is correct we clarified that it's class one and class two paragraph 13 talks about the Fire Fire Department fire chief you've agree to meet with him and make changes to the site as necessary to accommodate that yes that's about it they cut out a lot so right so I guess the Board needs to determine can this operation exist the way it's proposed without the park without the paid parking without the storm water management things along those those lines because sounds like Phase 2 may never come to fruition if they don't get the power they need it's going to stay like this forever so if you're okay with that you should consider it it's functioning now but it's not how it was approved so just let me clarify so phas in the original resolution phase one was the addition of 38,400 Ft Warehouse Edition and 20640 ft Greenhouse Edition so those did not happen those did not happen okay and all site Improvement so what you had when you first came in you essentially made no changes to the site other than the the fence and other than the fening that's correct do we have anything on timing I think they weren't interested on knowing when anything might be happening do we know is it yeah is there a potential time frame for phase two we don't really were dependent on on atantic electric um we' like to think that um they will be inclined to provide a with power because they're in the power business so obviously we're hoping that Atlantic Electric will move quickly so that we could start phase two and it's the vantey brothers intention to move along phase two if adequate power comes available so you're not going to do phase one at all that's out you going to do phase one and then phase two we'll do phase two will consist of the additions that we under the phase one previously okay so what we have listed in phase one will now be phase two yes and what will phase two be it will also incorporate the components of phase two good so phase one and two will happen together that is correct and at that point you'll do all the site improvements that is correct I think that that make more sense any comments Mo thank you [Music] all in favor iose anybody from the public like to be heard regarding this uh this [Music] application n of all in favor I I make the motion we approve the changes to the plan fening no Paving the stuff from phase one it's not going to be completed to phase two and you meet with the fire with the fire department and find out about the Turning r as well very good and that's Des waer for the Nona that's who was the second Mr Gano yes Mr desar yes Mr ham yes Mr felisi yes Mr glaus yes this is a [Music] simple chairman Grier yes that place has been functioning out like that for 30 years good maybe more thank you thank you thank you and my part my partner who retired Mr philipone is doing well and wanted me to wish good wishes to everyone he's retired after 37 years together I miss him have good evening thank you good night good night thank you okay next our agenda is C 242 AR CR Properties LLC good job Mike yeah good night good night thank you evening everyone do we have a microphone back on or do I have to talk L the microphone has been on it wasn't recording what it was oh okay it's always been on now we're in back everything's good all right I just wanted to make sure everybody can hear me all right y um well good evening everybody my name is Scott good I'm attorney with the law firm of Cooper levenson I am here to present the application of arcr Properties LLC um arcr is seeks a variance relief for minimum lot Frontage at zero main road which is uh known as block 5702 lot 55 on the tax map of Frankton Township uh this property is essentially a flag lot um right now that we have a 10-ft wide driveway which some of the members of the board are aware of at our previous application here um arcr is seeking to construct the one single family home on the property which is approximately 12 acres uh the property is located in the ra residential agricultural zoning District where single family residential dwellings are permitted use and tonight two witnesses for for the board and I will try to be as them as quick as possible raise your right hand please just to tell the truth about the test you're going to get I do I do name and address please Rich Rosenberg 2001 College Drive s 19 clemon New Jersey you're the engineer right y Kyle Denny PO Box 120 Franklinville New Jersey okay thank you all right so uh we're here on a reapplication proc I mean a ree hearing on this we were here previously to present this application to the board um as the board would take a look at our new application the while we have 12 acres of uh of lot area there is at the bottom of the picture there is the 10 foot wide driveway and um obviously we heard from the from the perspective of the emergency vehicles being able to have those Vehicles Traverse down that driveway was was a concern so what we what we've done is we we are taking advantage of a an existing access and utility easement uh over lot 54 there's a 50ft wide easement area um to to access the uh lot our lot 55 off of main roads so I'm just going to ask uh Mr Rosenberg who is a representative of arcr to to explain a little bit what he wants to do about the development and what type of house he's looking to put there we're looking to about either a on story Rancher 3200 ft four bedroom 2 and a half bed a walk out basement or a twostory 4500 ft house similar four bad two and a half B with a walk out basement all right um and how what type of is there going to be septic and well or is well septic um so we we've talked about accessing the property have you sought to to purchase any additional area to access yes we mailed out and did you get any responses no we did not all right um now obviously the township has certain building requirements with respect to permitting and and ordinance uh aside from left Frontage you think aside from left left Frontage you believe that you could can satisfy all the other existing requirements of the ordinance yes I do um so if approved will you be able to satisfy and the conditions were set forth by the board professionals the engineer yes I can and um obviously and now the proposed access point do you do you feel that this is sufficient to provide emergency vehicle access yes why don't you that that's an EAS because I remember from our last Mee that's correct explain to us what that EAS is and what you're allowed to do on that EAS and how long has that EAS been there so and I was going to get to that because I was going to touch on that so this board previously approved a three lot minor subdivision not this or I'm sorry the the planning board the planning board previously approved a uh um a three lot minor subdivision or I believe may have been a major subdivision there was what I gathered from the Oprah response was that there was Communications back and forth between um board counsel and the applicants Council regarding whether it was a major or minor sub but moving on I it was my understanding that a a three lot minor subdivision and I I'll point to where it was there was there was going to be three l the and the easement are the easement was proposed to provide access to those to those three lots in the back we're not we're not proposing to do anything different than what that easement uh BR so that easement was recorded in connection with that but the easement and and we can look to the language of the easement anticipated that there would be changes that there may be further subdivisions or re sub divisions or modifications to those plans that eement has been recorded it's been in place it's a matter of public record and it runs with the land it was recorded in 2012 it's been there for 11 years um nothing's nothing's changed with that it and they when they went in for their three lot subdivision yes the planning board created that required that easement at the time I'm I cannot say for sure whether the required access that property required as a condition but that's what was that was what was proposed it certainly couldn't have gone down to 10 foot no no and I believe that the original application provided for the easement to access the two lots and then the driveway to access the third lot but I my understanding is based on my interpretation of reading the documents that I received was that that was rejected and there was a propos the easement was to create a road an an Access Road off of main main road um and at some point obviously I believe this went up to the County planning board and at some point the applicant withdrew the application from the County planning board but but again the easan is still a matter of record um it's on the it's on the Township's tax maps it's it was part of the it was part of the title search where my client bought the property and he understood that it was you know what if if we had to use this he was going he was going to use it and it was a basis for him to purchase the property so um while I understand that there there are people here tonight that are are concerned about the use of the easement um our our our legal position is it the easement a it's a legal right that was granted to to the owner of lot 55 and continued is perpetual and until it's terminated it's it's a valid easement that we have a right to use just going to add the the easement the reported easement has an exhibited patch which actually shows the 50t wide access and then it shows a 20 foot wide um driveway going back to access three lots so what they're doing now is they're having that same proposal except it's going to access as one lot one house instead of three lock with three houses so it was done in anticipation of the the easement was done in anticipation of those three lots which they never did and and the easan specifically says that it it's done in the anticipation of developing lot 55 and that was more like a road was 20 BL it was going to be for three houses get in and out yeah so we're trying to M mitigate that and and you and minimize the area that that we're proposing to use since we're only proposing one one house instead of three um we'd like to just simply use the space of the existing driveway um which which we have is 12 ft rather than expanding on on on that area one driveway one driveway back to the house it's a Shar driveway it looks like it would be a Shar it would be a shared driveway because the the the house on lot 54 does the frontage the front of the house does not face towards Main Road it actually faces towards that driveway oh and and also there's two additional driveways to access that uh lot 54 house so it's not the sole mean of access at this point da you want to give us your report certainly so this is in the ra residence agriculture Zone the minimum lot area in this zone is 1.5 Acres the applicant's lot is 12.26 Acres um the street Frontage requirement in this zone is 150 ft and this lot only has 10 ft of uh actual Street Frontage the front yard the side yard rear yard Building height all meet or exceed the ordinance requirements so the only variance that we're technically looking for tonight is Street Frontage okay um so I'd like to want add one thing to that filed deed of easement that easement is supposed to service lot 54 and lot 55 um it also goes on to say the the easement says that that the driveway will be the sole and exclusive means of Ingress and egress to lot 54 so we heard testimony that there were other driveways on lot 54 they as part of this easement were supposed to be removed with only one access off of Main Road serving lot 54 and 55 that one driveway that one driveway in the 50 Foot e that was probably your account probably was you probably have somebody with that but I was just bringing to your attention what the easement actually says and that easement is in fact 50 ft wide uh and provides access to that lot 55 like we can't change this e the E is there right you cannot change the eement you're just dealing with the the fact that lot has has two options for access the one was the 10 ft which you indicated you didn't make a decision on indicated it was not appropriate because it was too narrow plus I know that neighbor was not interested in having property taken and um the this is the other access but now you can't do anything to unrec you can't say you can't unre can can't say we can't use you cannot [Music] say all in favor I anyone the like we heard regarding this this do you got to come up here one at a time CHR you set the the timer we have a three three minut limit you I will try ra your right hand please Toth I do name an address please Kimberly Henson 2635 Main Road Franklinville thank you okay good evening board members and fellow neighbors happy to see quite a few familiar faces here tonight um many of us were present here for the first meeting back in August thank you all for coming out tonight to show your support to our neighbors who are directly impacted by this variance if it is granted my husband Kevin and I live at 2635 Main Road and have been Franklinville residents for just over two years now during our house hunting experience back in 2022 we quickly fell in love with the town of Franklinville due to its beauty abundance of Nature and Wildlife and small town charm I I spoke here back in August and expressed expressed my strong opposition to this requested variance and I was happy to hear that this board was concerned with the safety of all who reside within 200 ft of this property due to the lack of emergency vehicle access which brought relief to not only my family but to many of my neighbors here tonight as well on 10:26 I was notified by my neighbor that another round of certified letters from Cooper levenson was sent out my household did not receive that certified letter nor did we receive a delivery receipt by mail I work from home on Main Road here so I watched the mail get delivered every single day there was no attempt UPS did not once attempt to deliver the certified letter to my front door they did not leave a delivery receipt we did not receive any calls or a second attempt delivery notice and on Monday 11:4 my my husband physically went over to the Franklinville post office and obtained our certified letter that was dated 10:25 um the certified letter was sent to us by Cooper levenson 12 days prior to this meeting here today um the certified letter process I was told takes 15 days from the day it is sent uh after 15 days the letter should have been returned to the sender if we did not claim it which would have signified to the law office that that we did not receive the letter at all uh but I did receive it I did go and physically pick it up but I was not notified that it was at the post office um this feels very rush to me um and I I do realize that the township meeting agenda is released about four days prior to the township meetings and I'm a millennial so I will admit that I do not read the newspaper so thank goodness for my neighbors to who informed me that this Township meeting was happening tonight um I do have a official filed complaint with USPS and I hope to hear back with them uh from them within the next 24 hours I'll save the rest of my complaint for the vinin Distribution Center supervisor but let me just say not receiving a certified letter or attempted delivering notice could lead to much bigger issues that can significantly impact someone's life my neighbors Karen and Scott have a big beautiful family and I I love hearing the kids playing outside in their backyard Karen often posts the cutest pictures of their grandchildren playing outside enjoying the nature and beauty that Franklinville provides year round I strongly appros oppose this requested variance as this will negatively impact this family their lifestyle and the place they proudly call home I am concerned about their safety and increase of traffic construction vehicles for all of our neighbors since this is such a tight area both Karen and Scott as well as my other neighbors Tara and Dave roids will be directly affected by this if approved as members of this board and fellow Franklinville residents I urge each of you to put yourselves in the shoes of all the neighbors who surround this property if you own property at 265 265 I have 10 10 words left if you owned a property at 2659 Main Road Karen and Scott's house would you want this variance approved thank you for your time John just to clarify notice we didn't mention notice was properly given I mean as far as what the Postal Service does all the obligation is for the applicant is to mail it at least 10 days prior to the meeting which we do have proof they did that what happens get not unfortunately what the post office does after that is everyone do ra right pleas I name address my name is Kevin Henson Kimberly's husband I live at 2635 main road but I'm going to be reading a letter on behalf of the uh the dominicos or deenos I'm sorry they uh weren't able to make it so Chad says I'm the owner of homeowner at 102 white tail pass Franklin bille I'm requesting postponement of the matter being discussed at the township meeting scheduled for Wednesday November 6 2024 as this matter uh matter of application for request to build on the landlock parcel behind the homes on Main Road White and way tail pass we are in opposition to this proposal we did not receive notice of this matter being discussed at the meeting until Wednesday October 30th uh the certified letter was ripped and had not been placed in our mailbox on that date we will not be able to attend the township meeting on November 6th due to a previously scheduled trip taking us out of the country we would like the opportunity to voice our concerns and the opposition to this proposal I purchased my home at 102 white tail pass in April and received notice shortly thereafter that this Builder was interested in building on the landlock parcel with access of a 10-ft wide Road behind our home at that time the Builder was denied access to build with that entrance being a slim 10t utility easement that would have encroached on our property as well as the adjacent properties on Main Road the Builder suggested cutting trees on our property to allow for emergency vehicles to access the property if needs be which was thankfully obviously shot down we've become aware that this new proposal is now requesting to encroach on another homeowner's property on Main Road we would like the opportunity to ask the ask questions regarding the legality of use of this utility easement for use other than utility or Township purposes it is legal for another Builder homeowner to be granted use of your land isn't an easement after all still land that is owned by the legal homeowner we understand use uh by the township but not by a private home for a driveway and being that the driveway being proposed is on again a 10 acre wide wouldn't this run into the same issue or a 10 foot I'm sorry wouldn't this run into the same issue as before with the emergency vehicles such as fire trucks encroaching on the homeowner's property after speaking with the homeowners on Main Road we also have questions regarding the timing uh that the easement on the property was established during the time when their home was bank owned in foreclosure uh we don't we do not feel it is fair to approve the building project without addressing the questions of uh adjacent homeowners that are impacted we oppose the project and at the very least are asking for postponement of this matter so that we can have the opportunity to seek answers to these pertinent questions thank you for your time and consideration Chad uh I leave this with you sure thank you next please raise your right hand please just want to tell the truth about the Tes you're going to get I do name and address toids 2647 me Frank um I have a lot to say so I'm going to read quickly sorry as stated the builders do not have the lot Frontage have you guys had the opportunity to drive by the area that we are speaking about recently to see what would be getting squished and I've lived here for 16 years in my opinion this would not be beneficial change I grew up where houses were on top of each other and that is great if that's the lifestyle that you choose but we decided that was not for us we chose Franklinville Franklinville for the benefits of the nature Wildlife land and a place that we would love to make our life complete on May 2nd of 2008 it was one of the best days of our life knowing that we secured our Dream here in our perfect little spot in Franklinville building would upset the above benefits we enjoy the beautiful Wildlife like the red Town Hawks and other animals that have made their homes in the tree lines with plants and others projects like this ruin the established benefits of a thriving ecosystem not only are the builders who do not have the lot Frontage disturbing the benefits that my neighbors and I received Del but if granted then our Township would be allowing permanent disruption to its resident's current Lifestyles this would be disrupting a beautiful land an unsightly Road driveway that would be going down my property line as well you would be uprooting a family that I watched grow here for the past 10 years a hardworking taxpaying family that has put so much love into their property this piece of property was foreclosed on I was here to watch that too it was a vacant lot with unauthorized people going in and out of it I am most grateful to have neighbors meticulously care for it now they enjoy multiple family gatherings throughout the year and it brings me joy to know that they love what they have like we do too they laugh and enjoy their grandchildren in the yard and I have concerns for safety the kids run over to say hello to us and our dog this would change our friendly lifestyle and be a danger the if the frontage was Granite the road would make me nervous for their safety since they are used to running over here they are not used to heavy machinery or vehicles in and out can fire trucks come in and ambulances go out will there be above ground telephone poles that could pose a danger to my solar panels or will they be underground what will the materials for the driveways be what would the grading and water Roff be would there be negative effects there is a tractor trailer um building across the street they come in and out of the property property directly across from us and I have concerns because they do make illegal u-turns on my front lawn and I kindly ask you to decline the variants that that they are asking for because this would be detrimental to us and I did have just one other quick question um I'm not sure if I heard correctly because it's a little hard to hear back there but um the house that they were proposing did he say it was a twostory I wasn't sure whether it could be a Rancher or a true story did okay okay cuz in the letter we got one story so I was I did was unclear on that but thank you very much for your time thank [Music] you your right hand please raise your right hand please s to tell the truth about the testimony you can get I do name and address name is Donald Wright Max Wright AKA I live at 105 Louis Court um I bought my house 17 years ago this month and at the time where I purchased it I was told the lot behind me was landlocked and it would never be devolved that is this lot I don't know whether that matters or not the lot the lot is 100% natural the only thing it does have a small trail that runs through it that's it um the development of that lot would not benefit the existing community at all with the township at all zero um the lot is home to numerous wildlife and developing that lot would probably Dy that Wildlife out it would be gone because the environment would be gone um I have seen deer in my yard raccoons opossums skunks snakes Chipmunks squirrels that are everywhere and more species of birds than I can count and most of them come out of that wooded area um this application has been before the board before two months ago September and it was tabled because so many people were in opposition of it there are people that didn't get the certified letter I I can testify to that um I found it my mailbox and the certification was ripped off it which confused me but as soon as I saw who it was from I knew what it was about I said and I've been waiting for that lot to come back because years ago I own property in Upper Township in K May County I understand how it works you just keep coming back keep coming back and eventually you get what you want that's the way it works um there's nowhere near as many people here now as there was two months ago because some people they have the attitude doesn't matter where I think or what I feel what happens happens it's going to happen and that's pretty much what I've got to say um a a CR properties limited liability company what this lot a little more than a year ago they both a lot to to build a house on it flip it sell it make a profit move on they don't care about Franklin Township or the community or the people that live there they're just in it to make money that's pretty much what I got to say thank you anyse for please raise your right hand please truth name and address please Karen cman 2659 m r frankville New Jersey um I'm going to try and shorten this because I didn't realize we were timed on this um we are the current homeowners Scott and my husband here 2659 blot 54 that they're referring to that this extended driveway will pass through our front lawn I have properties where they're saying it's vacant lot it is not a vacant lot it is where we park our cars daily here is my home this is the drive the they are proposing to extend over which will destroy this is a memorial area I have for Scott serving 30 years in the air force it will take over this my well sits directly behind this flag pole so all this area they will have to this this is where my gr grandkids play these are two trees pled Memorial with my sister and my brother who passed a number of to vehicle crash due to a drunk driver Scott Parks here daily so this extended driveway this leads to our detached garage so this extended driveway potentially could also cause danger to someone driving through there um I want to skip to important issues as far as this easement when it was created because I know we don't have much time so I'm going to jump to all right the easement and creation of itself I had question I have dates that obtained back from public records I can share the paperwork with you I apologize but I question how the season was even pried the prior homeowner went to foreclosure on March 17th 2011 while in active foreclosure for almost a year he created this easement on 23 2012 just days before Sheriff's sale on 29 2012 he literally had this easement created 16 days prior to Sheriff sale and interesting to note is a clause towards the bottom of this easement which they kind of um mentioned earlier where it is actually negatively affecting him so he obviously knew he was leaving this was granted to benefit his father who owned the land behind uh which now a your owns um within our title I also did find a statement on schedule B section 2 number 16 I will read this to you which I believe protects us as far as this easement need of easement and restriction this is our entitle our entire Northern title agency packet um deed of easement restriction contained in deed book 4937 page 58 which is that that the proposed policy will ensure that the above easement Andor right of way does not affect the habitability use or enjoyment of subject premise which this Ser impacts us um I also was questioning with in New Jersey because I I again I couldn't detain a lawyer if we were limited the same thing we didn't get the nose so F Friday 5 days before this um I found information online so I'm trying to you know support us we're really upset about this a legal easement cannot be created while a owner is in foreclosure because a foreclosure potentially can wipe out existing easement a subordination agreement would have been signed by the lender I asse that you're you're opposed to the application because you're yeah but there's a lot more stop can I speak with Scott up here this will be our additional turn now raise your right hand please to tell do name and address my name is Scott stinsman 2659 Main Road Franklinville New Jersey uh what my wife is telling me right now is what we found out was that too was that this evening was actually get done as he was he was leaving the house because a matter of fact when they put it through on the date it shows on the 29th of February of that year he was he was a Sheriff sale the sheriff for foreclose on the property this th this was done intentionally to put it through as 50 ft puts it right in front of our house on our property and all the way back through our backyard which we we right now we own and we also pay for 1.87 Acres of property taxes here in Franklin though you're basically taking half of our your property this eement is on your prop we are we are 54 we are number 54 pictur you're the one that the it okay so there's photos of our Drive you're the property that the prior owners have the easement is on your property correct it's on a front law and they and they done it while they were in foreclosure it was it was also done through foreclosure which from what I here I found is not allowed we can't change any of that attorney I think but but also show state of New Jersey is also stated that you can't not put in easement through why your property is going through foreclosure we you that's not for us right we can't change any of that um so anyway I was trying to explain to what he can't read my ham can I continue to read or no well you can take his okay thank you I I appreciate it this is one of my questions today is who's going so we have a well I mentioned earlier if that this roadway driveway will be SE a few feet from my well with extending it who is going to pay for the repairs for this well if there's damage to it during or even after the construction of the extended drive it this exension driver will run directly through our backyard to heavily impact our home and family this is our home this is our safe pleas for my seven grandchildren whom I watch five days a week run and play where my two puppies Run free every day not to mention where we have privacy of our large family reunions Gathering celebrations hay rides Etc list go on my point here is imagine if this were your home the horrible impact this would place on you and your family you now wake up to random cars trucks deliveries Etc all hours of the day driving through your front law and backyard there's additional safety concerns including there's absolutely no lights through our backyard they proposed to place a new driveway back there how is this going to be safe or we to feel safe having ramom cars crossing through our yard potentially running into our driveway our detached garage I should say um where we park daily just as the this is dangerous our next concern is the trash pickup is the new Home Room GS have to have trash pickup at the property allowing large trash trucks Leaf trucks to drive also through our property as well the next concern um I take emergency is inclement weather I should say my husband and I have always parked the very front of our we have a U-turn there the uturn the he pars to the front I park over here and I take emergency on call five to six nights a week for five different hospitals I need to have free access to leaving my property at all times we only shovel like 3 feet off the the main road because we don't you know we don't want to shov all way back here who now is going to plow all this driveway going into to the woods for the new homeowner that's a question because it shouldn't be dumped onto us um I have more it's okay I think got the anyone else good evening Mr Mayor I'm not May okay sorry sorry s you thought test what you're going to do yes sir I do name and address my name is Carmen Anthony paluto II I live at 122 white tail pass me and my wife over here oppose of this I agreed with just all my neighbors I want to back them up and help them and we live there for 18 years we love it it's a beautiful house we raise our family there they went to Dy both of my kids and um pretty much I want to back them up and I oppos for every reason that every one of my neighbors said so I cut it short and not make him holler at me okay thank you sir I appreciate that anyone else like to be good evening raise your right hand please to tell the truth about the best you're going to get I do name and address Brenda Brooks 104 white tail pass um I'm here also to support my neighbors you know I live in the deer meows of Delta development and it's beautiful you know I've been there for going on 15 years quiet no problems at all um although I uh agree and support everything that everybody is saying what I want to say is that it appears that we don't get information okay and it appears to me that it's designed that way so that we can come and and speak about because I don't even know where property is going to be uh modified you get no diagram you get nothing you get something in the mail and I agreed also with my neighbors that the first letter that I received I received was certified the second one I received was like last week so it gives you no time to even prepare or ask questions or or and I believe that it's designed so that when you come here folks don't know what you're talking about and it'll make it easier for uh the individual to do what they're trying to do so I appreciate you listening to me but I am supportive of my neighbors and that's it thank you thank you anyone else favor I I just for the record Mark um those photos at a one so since the board put a look at okay you have any remarks you want to make from the public comment well I mean like the fact of the matter is our application hasn't changed and um while I am sympathetic to to the party's individual circumstances I mean we have my client's a legal right to access the property and we have we have two points of access to this property one is a 10-ft wide driveway which we came here and and asked the board and we got a very negative response to that kind of sent you in the other direction kind of sent us in the other direction and this is the the circumstance we were trying to avoid but denying this application would render this property into into utility and that would that would deny my client his rights to utilize his property in the way he sees feds um we're we're asking for a very straightforward variance it's it's a one bulk variance every other standard is far exceeded um we're proposing to build one one house in the property that's one house is not going to affect drainage it shouldn't affect wildlife life to the extent that has been uh stated tonight my client want my client has nine other builds in this Township yes he yes he he he builds houses and he earns a living from that but everybody else in this room does a job and expects to earn a living from that um so like I said while we are while we are sympathetic um the are we have an easement that it's a legal easement it hasn't been challenged it hasn't been overturned by a court order and we're seeking to utilize onement yeah I just wanted to touch on the whole development aspect and a couple of the people that had um given input oh sorry they're they're in plan developments the adjacent lots are one acre a piece they're 50 lot subdivisions I I previously provided that testimony to the board I don't think some of the members of the public were here for that um I'm a resident of this town also um those developments came in with 50 Lots those properties were all fully wooded and we're just looking to construct one Single Fin home I'm sorry one I did I did want to address one additional comment because there was a uh a number of concerns regarding notice um we've complied with with the ml in terms of our notice requirements we provided proof in Affidavit of the notice that we we've public published the notice in the appropriate newspaper and serve notice more than 10 days in advance of this meeting so and our and our solic with [Music] that you did everything you're were supposed to do when the Postal Service brought it there any no I think accepted I mean your comment to the most effective property own that they actually think they have legal issues regarding the validity of the um e initially or the fact that the title company protects them they need to pursue that we can't really pursue that for them or change that you need to see legal advice if they want anything else um any approval should be subject to in conditioned upon um the roadway being acceptable for emergency vehicles so the fire company weigh in on this all have any other comments the board verify vo on Vari for however the access and I think the access you have to say would be the the access is not through the 10t that's why they're here the access is obvious if this board wants to reconsider the previous application b i the 10 ft the temp foot driveway we can we can try to make we can make that work um but uh the the emergency vehicle access was was the concern do that easan show the the easement is 50 ft wide and we're proposing to do a h 12T wide driveway okay I know I know the public Park's closed can I ask you the question real quick so what happen if they do retain a lawyer challenge it and it's overturn where does everything go then I'm not an attorney so I can't answer that question the mayor mayor I would vote for you Mike I assume they' have to get an injunction to stop any kind of operation yeah I mean if they got an attorney quickly and got an opinion and we're going to if you granted it tonight the resolution wouldn't be told uh next month they can certainly appeal it depending something happening with an attorney the owner of lot 542 I believe was is where the 10 ft is I'm assuming they weren't interested in allowing more than the 10 ft otherwise that would solve the problem as well you have to allow some access to all you can't wasn't there a conservatory on the other side of what till pass there is a conservatory on the on the back side of white s pass which runs adjacent TR I make a motion I'll second okay motion to deny the application by second by Dan so I [Music] yes is to to deny it correct a yes would be to deny it and they need just a majority yes it's not a use okay Mr Gano yes Mr dear yes Mr haml sorry to waste everyone's time this is something I'm very uncomfortable with uh personally I think there's some major issues that eement I'm not comforable approving this can I abstain from this something just don't really have right yes no where I'm staying I'm Mr felisi yes Mr glacius no Mr graer [Music] no majority you only have you have three yes two no one exstension to [Music] what are we discussing we're discussing how to how to address the exension whether we're talking about the majority of cor or the majority of the voting members correct majority of the the the question I think we're going to have to make sure we figure that out I may not want to be comfortable saying what it is right now so make sure no he's got to do some research the vote is the vote and you'll have to we don't know if it's approved or not well because uh well if if if I'm if I'm correct then it's hasn't been approved but it also hasn't been denied because the motion the motion has been to deny so if if I'm I guess are you saying that we have to come back again I think you you need to figure out what the law is you have to determine what this whether it's granting or denial [Music] I have to's not if it's a majority of the and not resolv then I think they have to do you want to give me a minute I'll grab mine yeah I do I have it next door I can't he say it out loud shouldn't we hear this we're going to take a look at the law on this okay so we're going to take a 5 minute recess let's do that let them figure out right the conclusion we concluded that it is from okay so it was denied [Music] appliation resolutions [Music] resols okay we had G State harv see iove second by J all all in [Music] favor I you have to do a roll call vote can they do it all in favor yes they can they can us that was a threat wasn't it that was a threat please we're we're trying to finish up our meeting I'm sorry then you do what you want with them