Hallelujah. Good evening. Um the U Hport Township Joint Land Use Board Meeting for April 1st, 2026 is called order. Uh let's have a flag salute, please. >> To the
of the United States of America and to the republic for it stands one nation under God indivisible with liberty and justice for all. >> Thank you. Paula, could you announce the sunshine law compliance? >> Notice that this meeting was published in accordance with the open public
meetings act. >> All right. And we will have uh although it isn't applicable tonight, I think with our light agenda, but no new business will be started after 10:30 p.m. That's a standard rule that we have. Can we have a roll call, please? >> Mrs. >> here. >> Mr. Noita here.
>> Mrs. Le >> here. >> Mr. Morali absent. >> Mr. Shakoi >> here. >> Mr. R. Murphy here. >> Mr. C. Murphy >> here. >> Miss Costco >> here. >> Mrs. Gilmore >> here. >> Mr. Holden absent. Mr. Mai >> here. >> Mr. Cordo >> here.
>> And Mr. Mai >> here. >> I'll call for the record. We have a quorum. >> Yes. >> All right. First item for business is case 26-04 uh Aeki Batteries, Inc. It's a Berry Drive location. Uh good morning, Mr.
Good evening. Excuse me, Mr. O'Brien. Good evening, Mr. Chairman. Uh Neil O'Brien from the law firm of Archer and Grinder for the African Public Batteries, Inc. Um this is an application that will actually be familiar to some of you. We appeared
here um approximately five years ago asking for essentially the same relief that we're asking for this evening. Um the applicant's asking for approval to use four outdoor storage pods, Tox trailers for the storage of components uh used in association with its battery
operations. Outdoor storage as you know is not generally permitted in Hangport Township by ordinance. So we have to ask you for a use variance to allow that temporary use. Um, why are we back here five years later? Five years ago, the applicants
business operations were expanding very rapidly and they needed temporary additional space to store materials associated with their operations. Very rapid business growth and of course CO 19 happened. Big economic slowdown. Um, the applicant no longer needed that storage space and actually removed the
storage pods in 2021. So, they put them in right after you approve um them to put them in and then put them out very soon. have the applicants present who's going to describe current business conditions that make that need arise. Again, um as
he'll tell you again, there's business plans to either expand the additional building or look for another facility to use in conjunction with this facility, but the same temporary need um has arisen again. And so we're asking for use variance approval to allow the use. And we're asking again for a period of
five years, which may seem like a long time, but by the time you develop a business plan, get a site plan approval, build a facility, get a certificate of occupancy, you're probably at least three years in. And that means if you act tomorrow, so we're asking for five years, and then waiver of site plan approval because there's no real
improvements associated with the application. So um if I could, I'd like to have the applicants uh president step forward and just give some brief testimony about the uh about the operation and about what's going to be. So,
>> Mr. O'Brien, if you if you're going to have um you're going to have an expert witness, I assume probably some other people who may answer questions. You want to have um uh everyone sworn in at the same time.
And why don't you each just one by one your name, your position with the company or if you're outside the company, your your role and uh and then when that's all done, we'll swear everybody in. >> Y so my name is I'm the president managing director.
>> That's good. Can we do spelling on both of your names? >> Spell X I A O F E N G. last name when you raise
>> Mr. Man square to sworn into >> Mr. Brian do you have anybody a planner or anybody in that category that >> so he'll So since 2014 we distribute,
refurbish and assemble energy storage systems. for the US. And our batteries, they have multiple applications, but mostly I would say
highly engineered battery systems for industrial applications and those would be energy generation, distribution and transmission primarily data centers. Those are stationary applications. But
then we also have So mass transit as you know the trains are in the midst of a big electrification change. So that's enabled with battery systems that we produce and assemble
these type of systems. Another division is what we call motive power or track. So this type of moving equipment they battery systems and we as
>> how many people do you have? >> Yeah, approximately 30 members in correct. >> Yeah. So, primarily I would say we we do the second when needed. >> Yeah. So from 7:30 to I would say 400
p.m. and from 400 p.m. to say well 3:30 p.m. 11. Um so what happened in >> Yeah. So um well we got the approval to
install again temporary um containers outside of our facility because we have been growing significantly year after year. I guess the boom is due to the energy systems transformation, the need
also for electrification in many systems. But then so we got the approval to have the container to install them. But then came so there was a major I say downturn in the business especially in
the motive power business and as as a result we didn't need uh the extra storage. So then we we basically remove the But even back then when you came and asked the board to put in
formulating long-term expansion plans to meet that growth back and has that same market demand resurgent in very recent years. >> Yeah, certainly. I think it's driven by we we read every day about the big
expansion of the data center industry and that requires additional energy as a result any system needs batteries. So we have seen a huge demand in in the market. So therefore we need additional space.
We are building a business case to certainly expand in our current location building an an expansion. We currently operate under 50,000 square ft but we have land where we can expand and for that we are building a business case or
obviously we are looking also alternative to rent facilities. It's all driven by business case ultimately we need to put put forward the business case to ultimately the ownership and and start implementing the expansion plans.
>> Um so what will the storage be used for? >> Yeah we we We need to basically use them as inventory of materials that we will be using in our operation and you know our operation is expanding significantly
well in all technologies but especially in the rail uh in the lithium uh technology of batteries. So these containers will be refrigerated and they will include the material basically needed to assemble the these lithium
battery systems. >> Mr. Brun, I have a question. Yeah. >> On the containers themselves. Um if I can draw the distinction between what I think everybody knows is a C container compared to a refrigerated trailer box.
Um which are you using? Yeah. No, we would be using a refrigerated uh container. It's not it's not the the container that is used for transportation. Is a special container refrigerated for the purposes
of storing our inventory of leaking cells. >> All right. So, this doesn't have doesn't have wheels on it like a trailer. It sits on the ground. >> Yes. And it won't be dispatched anywhere else. It will be they will be stationary there. It's basically like a shipping container
that would so comes from overseas stacked presumably. >> Yeah. It's transported and then offloaded onto this side. >> No, no, we we will buy or rent containers. They will be installed in in
our location and then containers will arrive from you know where we buy the cells and the cells will be offloaded and loaded into the containers that will be you know stationary at the property. >> All right. So they won't be moved.
>> No never and these can dimensionally what are these containers? >> 40T 40t long. power diesel. >> No, they'll they'll get electrical power
from the grid. >> There won't be any diesel generator, >> but the building itself has >> Yeah. Yeah. Yeah. So, we'll take the electrical power from the building. Then the building has a backup generator in case the grid goes down and to make sure
that we have always electrical power available. >> You talked about refrigerated This material doesn't need to be right. Could you explain that? What are we looking to do? >> Yeah. So again to to uh ensure the
utmost safety we have these containers in our refrigerated to make sure that the environment where we store the lithium cells is uh perfectly controlled and the temperature is always monitored and and controlled so that there there
won't be any risks of any any type of fire. >> So a very hot day for example would cause you container controls. >> Yeah, there will be contin to
will receive from fire to inspir. compiance board members of the board questions. >> Well, I I'd say the no the core business is the same. is just that the rail
business has been growing significantly. We have won you know significant significant orders. Um so the I would say the product mix is changing to some extent. We we offer three different
technologies lead acid, nickel, cadmium and lithium. And the demand now is shifting a little bit more into lithium but we still continue with the lead acid and technology in in the same markets that
we have been operating in the last well four years that we've been working in the US. >> Well, one difference is you you had previously you had five uh five containers approved I think last time and now we're now we're asking for
four. So that's Tony. >> My my question is um we're eliminating 11 parking spaces. I just want a ballpark idea of how many employees to make sure we have enough sufficient parking. >> Yeah.
30. >> Yeah, it appears we are using half of the parking lot. Just wanted to clarify on the application letter on page three under fourth paragraph down the temporary storage allowing it will
allow the applicant to avoid the need to build an unnecessary permanent storage etc. Yeah, that's the goal would be we build a new facility and expansion and that expansion will have additional storage
space where we can store as well. It it just takes a lot long time. >> All right. Any other members questions? >> Yeah. Are are you just running an extension cord from the building to the
>> No, I think we will do it. No, I don't. No, I think we'll do whatever we need to do to be compant. >> Okay, >> because I could see somebody walking by
and just certainly will be done proposal >> on the ground. Okay. >> Question. Do we like moving forward? storage.
>> Well, every site is different. Some sites don't have the same amount of room. They have to justify it the way attempting to justify it, but somebody could apply, but they couldn't say you gave it to the Piki, so you got to give
it to us. That is not a question that is set by the >> My question for for Bob is um could we make this conditional where we say three years and they can have five as long as they have another plan and to
permanently expand or add uh additional square footage to their structures or build a new structure because like they said it takes it does take a long time to go through all the plans and then get into construction but
uh five years is also a long time. So >> if I could just point out your question these guys got approval to leave these things after five years. You know, most businesses if they have extra storage,
they'll leave it there because they're market conditions change, their needs change, and they guys do things the right way. I I think we'd be happy to have a touch point in three years if you'd like.
I think the concern is the in the March 2020 hearing, Mr. Henkins, who was the president, gave testimony that the long-term plan was to to look at a building expansion >> and we're now back six years later saying, "Hey, our long-term plan is to
look at a building expansion." So, I think Mr. when marketed for a lot of businesses that exper for less than
once the business department changed those trailers came out of so it's not like they just left them in there and I think most boards would be concerned that well you got five years now you're asking for another five years a business business needs changed. So those
longterm expansion plans now and I say the the growth is based on orders we have in house. So it will be driven by projected order but but now it's it's substantially driven by orders
that we want. So one rail contract has sort of precipitated this increase in in demand. >> Now we need to >> what is the current delivery length of that particular rail contract? Does that
have a sunset of 2030 or so? So so as of today we have three years worth of work already in the books but not for any
additional orders. You know, rail is more long long sales cycles because those are major projects. But then on the stationary part, you know, those are quick.
So quicker quicker. So we will have much more business coming more and the pipeline is very other questions
from a safety standpoint in worry about So well the the containers will be locked all the time and >> there will be we plan to have it defensed there will
monitor system. >> Where is the fence going on the site? I don't think that was shown on the site plan. Yeah, we currently won't have plan. We had discussions around
I assume the containers have substantial value. So it's your benefit for your benefit. Make sure they the cells won't be won't have any electrical activity. They won't be
connected. They will be very limited. I'm just I'm just concerned whatever Mr. Brian with the appropriate witness up here. Why don't you just tell the board or have the board informed about
what these batteries look like? >> Yeah. So, We're talking about a metal box. >> Yeah. Basically, so you you have cells. You assemble multiple cells in modules and modules.
You assemble multiple modules in systems. What we will store in these containers are lithium cells which are basically small blocks of lithium cells fully I would say separated.
They won't be touching each other. They will be stuck. So they are very well separated. I hope I hope I the the cells instead a module which basically
includes many many cells. The cells at that point they won't be even visible because they are assembled even metal. So they are perfectly stuck together in
a network. Can we can we think of something like an automobile battery smaller? >> Yeah. Yeah. For purely for size purposes. Those are the cells smaller than a block for a
>> battery asse all all the operation is done in our so the intent is to take the cells from the containers use them for the the production and then ship to clients. There may be
some some cases where maybe we have finished goods that are not uh ready or the customer is not ready for delivery. So we may temporarily store them uh in the containers but certainly
at the same with the same safety arrangement. So no state of charge, fully disconnected, no electric conductivity whatsoever. And and I and I would say once they are assembled, there
are they are to some extent even safer because within each molecule or each system there are many additional safety, many additional separations between these cells. So I would say the
on on a deenergized level like we are the the highest risk is when you have to sell but again even in that case the risk is extremely low because there is no electric >> okay one question I have um I know you
you're insured and um you don't want your property to get damaged. What were like I know the fire department gave its approval. Is there a plan in place? Let's say we have a hurricane. All the water's draining toward down Berry Drive
into that basin right there and goes up into the parking lot. Is that going to destroy your equipment? >> Is it a fire danger? I guess >> building. >> Okay. The water wouldn't cause.
>> Okay. All right. Just curious. >> Is this in a flood plane? >> I I didn't check, but I say it's likely not in a flood pl
is the detention bas. >> Yeah. I mean, and usually they're equipped with emergency spillway that discharges to another low point. So, I don't I wouldn't expect that emergency basin or basin would discharge to this site basin
at the lowest point that location satisfied. >> I'm satisfied. >> Any other questions? Otherwise, I want to move on. Mr. O'Brien, thank you. What I uh what we have um
gets up and does we have um we have the engineers report which your letter responds to and we have planner report um on the engineers report Paul we have that as a matter of record we have
archer letter >> yes from March 30th >> it looks to me >> two separate ones >> you disagree with me think it's appropriate It looks to me as if you basically acknowledged or accepted each and every one of the
requests. >> I I read through the response letter. I agree with everything in that response letter with respect to parking. There's plenty of parking on the site and the parking even with the reduced number of parking stalls still meets the zone. >> So I think we can dispense with the
discussion of the engineer report since you agreed to comply with recommendations. So then Mr. Mancini can focus on the planner report and the archer
response to that and um obviously you're going to require >> and please uh to the extent that we have responses and number. We can go through those by number so we can check all
issues. >> And I think the archer letter, if I can, Mr. Chairman, I think the Archer letter, the response letter to our report, most most of that testimony has already been provided um by Mr.
>> Gy. I I would tend to agree with you, but I'm glad you >> and I'm sort of keeping track. So I we can touch on any of those that that that haven't been addressed in that. >> Right. And just if you if you want to do do the bean counting on that when we
finish, if we missed anything, let us know. Now, Mr. Manini, there was talk um about a fence not shown on the diagram apparently that is contemplated to be added. You work that into your
Absolutely. Shall I qualify myself first, Mr. Chairman? >> Yes, that would be nice. You have we know your name because I've said it about dozens times, but give us your background, your qualifications, whether you think you may
surving engineering land for the past 26 years during that time I've been qualified as an expert in both those areas throughout New Jersey including this >> thank you for that further question so Mr.
Sure it's industrial in nature what you have there is industrial park Uh so the project site is in the center here. We can see high in yellow. Um Berry Drive is running this way. Uh
Mount Holly bypass is on the right side of the plan. You can see the retention basin that was referenced earlier. And so the parking area we're talking about is on that um south side of uh the existing building. The containers are located, as you'll see on the next plan, the containers are located to the rear
of that parking area. So, we're surrounded by other industrial manufacturing uses. We have CVS facilities on Berry Drive. Uh York, which is an HVAC manufacturing company next to us. Um there's a Lowe's um store
in Shopright uh on uh the north side of the plan near Berry Drive, but you can see no residential properties anywhere near us. Uh substantial property of our own uh about 8.75 acres uh and really no residential properties. um within within
sight of the uh the project. >> So um the applicant said there's plenty of property here to accommodate this use. Correct. The minimum lot size two acres in the zone. >> Correct. Yes. Substantially bigger than the minimum lot size. Uh there there is room uh both for this temporary
condition. Obviously you heard that there's a substantial surplus of parking. Um and I suspect that that surplus of parking was meant to serve a future expansion on this site. there's uh a significant area on the north side site um that's available for expansion.
So so that um allows for those future expansion needs um if this um use case proves out. But in the meantime we have that excess parking to park these uh containers. >> So we'd offer the board justification for the D1 variance of particular suit. Correct.
>> Correct. Yes. So um as the board knows that they can grant a Dvariance uh for several reasons. In this case, we're looking at the site suitability uh where we believe the site's particularly suited to allow for this use. Uh the sites uh function well uh for HPCA for
since 2014. Um we talked about the the excess of parking. We talked about the existing infrastructure and facilities and office area and parking that serves their need uh their operational needs and their office needs. Um so there's no impact uh in that sense um to the
property in in a detrimental way. We think the site's particularly suited. >> Is is this going to look substantially similar to the previous installation there >> with the exception of having one fewer?
Yes. >> Uh please. >> Absolutely. Um and so looking at the purposes of zoning, the variance would allow uh operations to continue efficiently without the need to relocate to an alternative space to accommodate this
temporary additional storage need which speaks to purpose m of the statute which talks about the efficient use of land which I believe this is. Um again meeting those temporary storage needs on site also allow the applicant to avoid unnecessarily constructing permanent
storage which to your point um it may be unnecessary unless they prove out that this is a use case that makes sense for them and the expansion really makes sense. So in this temporary condition that supports purpose B and C of the statute which talks about protecting us from uh flood and the
maintenance of light air and open space. Nevertheless, even a future expansion here here I think would be uh well within the bulk standards for the zone. Uh accommodating temporary storage needs on site also eliminate the need for external storage facilities which would delay or otherwise impact operations
which promotes purpose G the statute which talks about providing sufficient space in for a variety of needs including uh industrial and commercial to meet the needs of all New Jersey citizens. And finally, the variance will allow the applicant to continue supporting operations that are dedicated
to the storage and distribution of the batteries that are used as you heard in mass transit and powered transmission and distribution which advances purposes J of the statute which talks about conservation of energy resources and the prevention of environmental degradation and also purpose N of the statute which
talks about promotion of uh renewable energy utilization. uh both the work that they do there supports both of those purposes in my view. >> So this this facility this property is so well suited to this use that had two
very significant business increases to this location in 2014 appears to have been a great fit. >> Absolutely. Yeah. And they've been in the area since 2000 I believe. believe they were previously in Cherry Hill, but they they've been here since 2014, and I
suspect they'd like to stay here. >> So, move to the negative criteria. >> Yeah. So, the storage facilities are appropriate for for a significant industrial building in an industrial area. They're not located in proximity to residential zoning districts. As I said, uh there's really no substantial
detriment to the public good from from my view. Uh the view of uh the trailers is very limited. Um the impact of the neighbors is insignificant. Um the property size is adequate to accommodate the trailers. Um it's consistent with
the character of the industrial area. There's um storage trailers on the uh York site next to us. Uh there's outdoor storage at the Lowe's facility. There's uh other obviously the distribution facilities for CVS um have trailers that
are parked outside. So these won't look out of place in this industrial area. Um >> I think you have agreed in one of the later comments to deal with a planner to get them painted an appropriate color. >> Absolutely. Absolutely. Yep. Um right
now the trails will be stored on impervious existing imperous surface. We're not creating any new impervious cover. Um as I said not really read readily visible. um they'll be consistent with the existing surrounding conditions and we can mitigate that visible impact further by uh the color
and uh and potentially by fencing around those containers which I I'll point to in a moment. Um there is adequate parking as I said for use on the site. So the 11 parking spaces that would be displaced here uh would not significantly impact um any any of the operational requirements and as you
heard the use is temporary and therefore there's no substantial impairment to the intent or purpose of the zone plan. uh in my view. Um so just touching on again on the impact as it relates to to the aesthetics and also to the safety. Um you know you can see these four blue
squares which is on the same plan that that you all have. I'm just going to should we mark this A2? >> Um this is just a variance plan that was submitted dated uh 123125. Um we could install fencing around those
areas including the access. So you'll see in an area between um the the south side of the first two and the south side of the second two trailers. That's where the doors will be, right? So the doors will be on the short side of the trailers. Um and as you heard, they'll
be accessed via um forklifts or um pallet trucks um for those doors. So we can enclose that area if the board finds that to be an appropriate condition to mitigate both safety and aesthetic concerns. Um, you know, obviously that fence would essentially be in the same
paved parking area because we want to reclaim those spaces when we're done. So, functionally, we'd probably core some holes for the posts and then repair those holes when when we back out and turn them back into parking spaces or or, you know, mill and overlay that if it's if it's necessary. But that that's
how it could be enclosed if the board finds that to be prudent. >> I assume that fence would have to be to offer any level of security. a chain link fence type >> six foot chain link fence I think would be adequate. I mean the the containers are um a little under nine feet high I
believe. Um but I think functionally we're just trying to discourage folks from going in there. I don't think there's anything in there that that holds a lot of value on a secondary market if somebody wants to break in. But I think just the the the discourage dis discouraging of getting in there as
second layer of of protection in terms of a locked gate. uh I think uh you know might uh help the board for board feel more more at ease with with the storage outside there. I don't know if the board allows 8 foot high fence. Um I don't know that I have
any objection to that but I don't know that it's entirely necessary. >> I what say you on the fence issue? >> So the the ordinance does allow 8 foot high fences in industrial zoning districts. Um, from a from a screening standpoint, the
chain link fence is really not going to do anything. It's actually going to maybe almost create more visual clutter kind of in the back. If these buildings are painted sort of a a rust color that almost complements the color of the building and they're set back a couple hundred feet, it will tend to blend into
the landscape. So, I think I think that's sufficient. Yeah, the containers are about 400 feet from Berry Drive or 450 ft or so. >> Yeah. So, from a security standpoint, a chain link fence if
>> does almost nothing. Um, anybody can climb >> the bottom of the fence issue because it's not on your plan. It wasn't as originally submitted. It may not be necessary. Um, your chief
officer suggested it in his comments >> and then everybody sees it. >> Yeah. >> So, I want to go back to that. >> I think it's our position that if it's the board's pleasure, we we're willing to do it. But the the boxes themselves will be alarmed. They'll have camera
monitoring. There's a security um if they have a security service, people that come and drive through the parking lot overnight. So, there is a presence. There's not a fulltime guard there, but there is a presence monitoring and remote.
So again, if it's your pleasure, these guys are willing to do whatever it takes to get your >> Is the chain link fence like a sign that says steal me or break in? >> It could be an attractive nuisance. That's that's the double-edged sword. Yes. >> Yeah. One thing I sometimes hear about
chaining young. So on the chain link fence, it will come full circle. We don't have to address it because you're not asking for it. And the painting of the containers will make them as invisible as possible. So
they'll be alarmed and as you say, they'll have appropriate security alarms on >> unless unless the boards otherwise. >> All right. Well, he asked the test at the vote, but seems like we've gotten rid of this issue.
>> Thank you, Mr. Chairman. I think that's what we have for you in Department of >> All right. Just hold on for some questions that may be forthcoming. First, could I have our professionals u any questions that they may have on this? >> I have no questions at this time.
>> Uh just one. I was keeping score and I think they've addressed everything in our in our in our comments. Um, the one question I do have and we had suggested because the the southern containers are pretty close to the accessible parking and I think they're going to shift that
back so that there's sort of loading and unloading area without if there's somebody parked in that space. Um, but that just led me to how are these um the lithium cells transported into and out of the
building? Is it a forklift to get them out of the container? >> Pallet jack. Yeah. >> Pallet jack and then put it on a forklift and then that forklift will run into the building. >> So, do you need to depress any curb or
do any sidewalk to be able to get those forklifts into the building? Yeah. So, but he's suggesting from from here we have this curb line. How do we get it up up the curb? Are we using the
>> direct? I >> I think I think the answer, Scott, is is they would have to use one of the accessible aisles associated with the ADA parking. And if we find that undesirable, then perhaps we um create a depression and extend the sidewalk
that's adjacent to um those just just to make sort of a dedicated space. But essentially the the sidewalk that's there leads to to a a door on the north side of the uh building. >> All right. Uh will you agree uh to work with our planner because you're going to
have to finalize these drawings anyway >> to work with our planner on on that little detail? Absolutely. >> All right. Other questions from our professionals? >> No, Sarah, that was all I had. Okay.
Questions? Tony? Nothing. >> I'm disappointed. I think it's downhill from their place to >> Yeah, for what it's worth, the elevation where these containers would be stored is is about five feet higher than the
top of the pond. So there'd be significant trouble if if we have water backing all the way up to these containers. >> Yeah. All right. Let me uh for the record open it up to the public who may be present
here. However, I see no public for the record. So we'll close close that. you know we uh we have amended our notice for the people anybody online and I don't know whether there is anyone online
but in order to participate you really need to be here so if you're participating online to listen all well and good but to ask questions you will need to be here in in the building in the room
so that's that's for your future reference frame resolution for us. Need a motion to grant a use variance for four storage containers with site plan waiver subject
to compliance with planners requirements as location and any site improvements and color >> subject to all the recommendations from for instance the fire.
>> Correct. All right. So we have a motion frame. I have a I have someone offering that motion. >> And was this for five years with any reporting back during that period? Um the the issue of reporting back was
raised by Tony, but we never no one ever expressed a position on that other than Tony. >> But that's the So that's the question. Let's let's hold off on on the motion for a moment. Talk about that.
What would be the reporting back arrangement just to check in with us after three years to see how it's going or something more than that? Well, they're they're planning to expand
the building. I think the board should be brought up to date on how that's going after a certain period of time. I don't know what that time period would be. Maybe two years, three years. >> Years.
>> Yeah, they suggested three years. And so then it leads to the question at three years. They check in with us and they're still working on plans for the expansion of the business or trying to get approvals or trying to get approvals. Uh uh business falls off. We hope not, but
you never know. I think So whatever the time period is three years, let me back up a second. Five years ago, we came and asked for a period of five years. If these storage files had been on site continuously for those five
years, we came in here tonight saying, "Hey, can we have another five years?" I fully expect you all to roll your eyes up your head and say, "Come on, what are you what are you doing?" So three years from now, you hope that the would have a better idea of what's going to happen. knowing that they've only got another
two years and having been told by their council that if we go back here and ask for another five years at the end of five years you are probably going to told because you made representation in6 about what you were going to do what you weren't going to do and now you come
back and say something different. So a report perhaps with no um with no restrictions no specific requirements other than to the board and you know give an update as to what's happening,
where are we going, what are we doing because you would have enforcement authority after five years to say your time's up. Got to get these things off the property. Yeah, it seems to me it's a report that really um becomes only useful as you end
the fiveyear period if there's a request for renewal. Um but it is helpful I suppose. Anyone have any further thoughts on that? other than the suggestion that one year from the date of approval, mark your diary, council to
uh and I assume letter would come from council to our planner reporting on the status that would be included in the resolution. Anybody disagree? would request that it be. >> So we'd suggest after three years of the
five a year. >> Three years of three years of the five. >> Three years in. Yeah. >> Three years in. Okay. >> Assuming. Yes. All right. With that additional point to be added to the list on the resolution,
can I have a motion to approve as we discussed? >> I have a motion. >> Second. Can we have a roll call, please? >> Mr. >> M. Yes. >> Yes. >> And
>> yes. >> Thank you, gentlemen. >> All right, I got a break. I want to know anybody watching the news off. >> Yeah, we're good. So what did they finally say after two years they report three
>> make me name names >> see you as always >> pleasure >> we need more time >> all right gentlemen bye But it's >> all right. Getting back to uh because I'd like to move this along because we don't really have anything else to of substance.
>> Um >> we have the minutes for the January 7th, 2026 and the uh reorganization meeting and also the regular meeting followed that. Um can I have a motion and we can do it
with one motion. Uh, everyone was the same on both meetings in terms of attendance. So, a motion to um approve the minutes as drafted for those two meetings.
>> A motion. Second. >> I have a second. >> And let's have a roll. Yes. Uh we have no resolutions today. So we'll move on to correspondence. Uh I
had one question on the correspondence and that's addressed to Mr. Taylor. Uh we had this letter from Kin Properties on CBS properties. Is that something that u the board should discuss in your view?
>> Um, probably not yet. So that if if the board recalls on the two CVS properties, I'm going to get one and eight confused. Whichever one, one is in Hannesport, one is in Lumberton.
They came in for an expansion and some overhead doors. They were losing a couple parking. cases. >> We granted that. >> And we granted that and we granted a parking variance even for their expansion. And they said, "Oh, we don't even have
enough parking now. We have to park across the street." So the board said >> we required a crossing and >> we we So there's a crossing. There was an acknowledgement that it sort of functions as one. They they've done improvements over the years. So, the board imposed a condition that says,
"Well, that's all fine and good, but but if CVS across the street ever moves and you lose the ability to park there, you you got to deal with that. You got to get otherwise we have a real problem on the Hannesport site." Well, the owner of the property across the street took
exception to that condition. um because they were not a party to the application. We thought CVS would just handle it all and yep, we're good. So, I think among the and I haven't had a chance to talk to Bob about it. We've been caught up in
some other things. Um we'll have to discuss the remedy for that because it literally was part of the board's deliberation for the grant of their parking variance on their site to use the thing across the street. So,
It's probably going to end up being discussed here at some point in the future because it's has to deal with the parking variance. So, it's not something that administratively we can necessarily >> do you want to do you want to diary this for like two have Paula diary this for
like two months to revisit or >> Yeah, if we can and if for some reason anybody's in a huge hurry and the the other parties I I really would like the CVS applicant on the H port lot to handle this. This this was your application,
your variance that you landlord. In other words, >> you coordinate with your landlord and the landlord across the street. Let us know how you want to handle it. >> Well, for for our purposes, how about if we ask Paul to put this letter on the
correspondence list for not next meeting, but the week meeting after. agenda meeting. >> Uh, well, we can put it on the pre Yes, we put it on the pre- agenda meeting. >> They said, "Yeah, >> and then we can decide, but put it on the pre-agenda meeting." >> So, we said, "All right,
>> CS, you need to come back." >> All right. The pre-ag I don't mean to >> I don't be mean to be obscure to members of the board, but we have a pre-aggenda meeting for each month. Um the the the month before about three weeks before we
get we get together with uh the I get together with um uh the our experts, our professionals um to talk about what's on the agenda, what we can move, what we can't move because it's incomplete, things like that. So that's what we were talking
about when we talked about a pre-aggenda meeting. All right. Uh any other items of correspondence that anybody's interested in discussing? Otherwise, a motion to >> to >> Sorry, >> go ahead. >> Uh the Nissan letter uh Taylor Design
Group March 5 uh first page twoird way down. We talked about a uh DP land use permit was issued. I don't remember any discussion about that. You leave something significant. So what happened?
What is it, Mr. Taylor? >> The D permit. So, there are some wetlands in the back of that site and as a condition of approval, they're required to get all outside agency approvals, >> right? >> Um because there were some storm water and they were using some of that. So, they had to go through and get that.
>> None of that was disclosed uh in our meetings, especially to environmental commission for any review. >> Take your word. take your word for it. I honestly don't remember. um they had I think it was a storm water
discharge into an existing it's basically I think the old detention basin that had some area that was characterized as wetlands if I'm recalling this but it it wasn't like they were they weren't necessarily
developing it and it was you know actually it was before you >> surprised it was probably a low resource value wetlands because it was probably manmade because of the basin there was probably again I have to dive into it but probably negligible impact environmental negligible environmental
impact discharge to an existing basin if that's correct permits are issued for disturbance within a an area in this case sounds like a wetlands so there is a disturbance in a wetlands therefore
permit was issued to whatever I don't All right, Paula, could you do this for me? Um, >> which comment which which date and >> attach as an as a an exhibit to the next agenda the minutes from the Nissan
meeting. I mean, we've all probably approved them all a while ago, but as a refresher course to see what was discussed on that, I think that should be the first the starting point. >> This is from 2021. Yeah, that was the 2021. They Yeah, they had an approval because
there were >> Yeah, there were storm water issues because and this had to deal with Black Creek because there were easements for storm water management. So, when that whole project got approved, um, and I think there was a small section of
wetlands on this site that was part of their land development. So I don't recall if it was a transition area averaging or if it had to do with that old >> there's basically a perfect oval if you look at the aerial >> that was the old detention basin from
>> long time ago >> 60 years ago >> 50 60 years ago >> that's why when you said that I was like >> well I don't recall seeing it. Yeah. So that was just something that has been >> carried through but that was yeah issued in
>> May of 2021. Well, still can we can we if we can find the the May of 20 >> the minutes the minutes from the 21 >> um hearing on that so the board can look and see what was >> what was said
>> um yeah they send it out with the package when we do it >> and if um if if it if it can't be done for any reason for next meeting it could just as easily go the following meeting. I don't think there's any urgency on
this request, but I I do want to satisfy the board members who have questions the environmental commission that really was had concern. Right. The environmental commission. >> Um yeah.
>> You mean currently or six five years ago? >> The current Mr. is a member of the environment, >> right? >> He's looking back. I guess he's looking back, >> right? >> Yeah. >> That old permit.
>> Okay. Am I >> right? >> Are you are you opening a can of worms is your thought. No, call Paula and ask for that information directly. >> Well, um,
>> what I'm saying is >> what do what do you what what is what is what is most efficient for our staff? >> Janice, is that is that okay? I'm not. No, >> the explanation I got from Scott is
good. Uh, what I was thinking when I read that was something changed since 20 the 21 approval. What was that? And as Scott explained, no, it it was something done back in 21. No change. We're cool.
>> You're cool. Okay, Janice, are >> you're cool. All right. So this >> so >> erase all requests for >> Yeah. So there weren't changes to the site plan that triggered them to get a new D permit that was issued three months ago. >> Right.
>> That was which is why I had the look on my face like I did. >> I I couldn't. >> And then when I double checked and saw that it was 2021, I was like, "Oh yeah, yeah, that was the original from from way back when when we saw it." >> Yeah. >> Yeah. Well, that this is an example of
it's important for board members to speak up and they have questions and this is an exact example of that and we've been able to resolve it. So, that's good. Lesson learned. Um, motion to adjurnn would be in order.
>> Uh, the public comment there's no there's no public here as I said before. >> Professional comments. >> Professional comments are there. >> Happy Passover and happy Easter. Okay, >> that's good. Thank you very much. Appreciate that. Um,
motion to adjurnn. >> I'll make a motion. >> Second. >> All in favor? IO.