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

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Mhm. >> Mhm. >> This meeting has been duly advertised according to section 5 of the open public meeting act meetings act chapter 231 public law 1975 also known as a sunshine law. Notice of the 2026 annual meeting

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schedule has been provided to the officially designated newspapers the Township Clerk posted on the Township Township's website and available at the Hillsborough Township Municipal Complex. Pursuant to PL 2025 section C 72 starting March 1st

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2026 municipalities are required to publish their public notices on the municipal website. Hillsborough Township public notices are available at hillsboroughnj.gov/public-notices. Application documents and plans been made available on the Township's website at

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hillsboroughnjportal.civicclerk.com and made available at least 10 days in advance of this meeting. Complete application files are available in the planning and zoning department for inspection in accordance with the public meeting notice. Could I please have a roll call? >> [clears throat]

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>> Mayor Payne, Mr. Siragusa, Mr. Deb are absent. Mr. Flag? >> Here. >> Mr. Radowitz? >> Here. >> Mr. Vitali? >> Here. >> Mr. Smith? >> Here. >> Deputy Mayor Lapone? >> Present. >> Vice Chairman Peason? >> Present. >> Chairwoman Cicerelli? >> Here. >> Mr. Corres? >> Present. >> Mr. Ball? >> Here. >> Mr. Bernstein?

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>> Here. >> And myself and the Mayor are present. Here. >> Okay. Thank you. Um consideration of meeting minutes. I guess we'll do these one at a time. Can I get a motion and a second to approve the March 12th, 2026 meeting minutes?

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>> The eligible members, Mr. Chairman, are Mr. Flag, Mr. Radowitz, Mr. Smith, Deputy Mayor Lapone, Vice Chairman Peason, and Chair and yourself. >> All right. >> Motion. >> Second.

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>> Okay, any discussion? >> Solid. >> That's what I think too. That's all I got to say about that. All right, hearing hearing no further, can I have the roll call? Mr. Flack? >> Yes. >> Mr. Vitali? >> Yes. >> Mr. Smith? >> Yes. >> Deputy Mayor Lipani?

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>> Yes. >> Vice Chair Pease? >> Yes. >> Mr. Chirico? >> Yes. >> Consideration of the meeting minutes of April 16th, 2026. Can I get a a motion and a second? >> Hearing who's eligible members Flack,

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Vitali, Smith, Lipani, Pease, and Chirico. >> So moved. >> Second. >> Any discussion? Okay, hearing none can I have the roll call? >> Mr. Flack? >> Yes. >> Mr. Vitali? >> Yes. >> Mr. Smith? >> Yes. >> Deputy Mayor Lipani? >> Yes.

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>> Vice Chair Pease? >> Yes. >> Mr. Chirico? >> Yes. >> Thank you. Um we have no consideration [clears throat] of resolutions tonight. We do have the ordinance 2026-07 adoption of the Sunnymead Landfill

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redevelopment plan for the property identified as Sunnymead Road, Block 182, Lots 6 and 7.02, previously determined to be a non-condemnation redevelopment area, amending Chapter 188 Land Use and Development of the Municipal Code of the Township of Hillsborough to establish a

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new Sunnymead Landfill Redevelopment District, the development of which to be in accordance with the redevelopment plan. Um Do we have anything Mr. Bernstein to

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Mr. Coice, do we have anything regarding this ordinance to uh discuss? >> Yes, I have uh I have some comments, Mr. Chairman. If I may. >> I guess we'll go out of order. Any comments from the dais and then we'll go to >> Motion.

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>> No, okay. Have at it, Dave. >> Okay, thank you. Mr. [clears throat] Chairman and members of the board, >> [snorts] >> township committee has referred ordinance 2026-07 and the proposed Sunny Mead Landfill Redevelopment Plan to the Planning Board pursuant to the Local Redevelopment and

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Housing Law for review and recommendation regarding its relationship to the Township Master Plan. The proposed ordinance would adopt the Sunny Mead Landfill Redevelopment Plan for Block 182, Lot 6 and 7.02

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consisting of approximately 14.83 acres including the former Sunny Mead Landfill and adjacent lands that have been designated as part of a non-condemnation redevelopment area. The purpose of the redevelopment plan is to establish the land use and

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development standards that would govern future redevelopment of the property. It is important to note that the board is not reviewing a development application this evening. Rather, the board is being asked to review the redevelopment plan itself and provide a recommendation to the Township Committee regarding its consistency with the

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master plan. As out as outlined in my memo, it is my professional opinion that the redevelopment plan is substantially consistent with and designed to effectuate the goals and objectives of the Hillsborough Township Master Plan.

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The redevelopment plan advances the Township land use objectives by encouraging the adaptive reuse of a previously disturbed property within an established industrial corridor and directing future development to a location already served by infrastructure.

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The plan also advances the Township's environmental objectives by requiring continued compliance with all applicable landfill closure and post-closure requirements and ensuring that redevelopment does not interfere with environmental monitoring systems, remediation measures, or other

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safeguards associated with the former landfill. In addition, the redevelopment plan supports the Township's economic development objectives by establishing a framework for the productive reuse of a long constrained property while providing opportunities for future

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investment and employment generating uses. Based upon the foregoing, it is my recommendation that the Planning Board find that the Sunny Mead Landfill Redevelopment Plan is substantially consistent with and designed to effectuate the goals and objectives of the Hillsborough Township Master Plan

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and recommend that the Township Committee proceed with consideration of ordinance 2026-07. Happy to answer any questions that the board or the public has. >> David, just for the the audience and the record, what are the what are the after this is done,

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what are the next steps just in the process? >> Uh so, the next steps, it would go to the Township Committee for adoption. And essentially, what would happen is once that ordinance is adopted, it puts the redevelopment plan into effect,

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which means essentially that becomes the zoning for it. It would then enable the owner/developer to apply to the Planning Board uh for an application for a site plan application uh

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pursuant to the permitted uses and all the standards within the redevelopment plan. And all the appropriate notices would then happen that are associated with the typical application that goes to the board.

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So, essentially essentially, this is this is a mechanism, a tool in which municipalities have uh in the place of zoning to use the redevelopment law to focus in on a particular area to try to encourage it to get redeveloped.

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>> Yep. Thank you. >> Welcome. >> David, I'm just curious from the timeline, just for my edification, I'm curious. Um it says it was open in 1961 and then 1985 closed down. From 1985 to 2019,

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what happened on that site? I'm I don't I moved here in 2019, so I don't know. Does Do you want to answer that? >> Um yeah, in the timeline, you can see that between um there were things that took place on in 2001, 2000

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>> have missed that up. >> No, it's okay. >> [laughter] >> All right. >> At a certain point the >> Passive methane gas, yeah. >> the municipality was put >> I'm still I'm still cooling down from jumping on the trampoline. >> [laughter] >> At at a certain point um

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>> [clears throat] >> the township was essentially put on notice from the state that you know, they were aware that the landfill was there and the township needed to take appropriate action. Uh in terms of trying to put together

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this timeline and going back and and trying to represent, you know, the different things that that were that were done. Uh once the township had declared it in an area of uh you know,

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in need of redevelopment, it then named who the redeveloper would be, but essentially it took some time before the sale agreement had happened and a lot of that had to do with the township having to put uh

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uh to put in monitoring mechanisms uh before the purchaser was comfortable acquiring the property and making sure that it was following all the different requirements. So, we tried to put as much in the timeline as possible to try to explain that explain that timeline.

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>> It's helpful. I just missed the entire >> Yeah, essentially I you know, to the best records that we could find, we believe that's the time period in which it was active. Uh the township remained the owner up to I believe two or so years ago.

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And before that, I believe it's just been a vacant property that's been fenced in with monitoring equipment there and different things that were installed throughout the years to make sure that it's in good standing.

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Again, one of the reasons why we're doing this and why the property was sold is so that the the landfill could be properly closed fully. And in order for them and requirements for this redevelopment plan, that's

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that's what the owner {slash} developer has to do. >> Welcome. Uh David, can I ask one ask one request? >> Absolutely. >> On the timeline, >> Yes. >> it looks like everything is trying to be in chronological order, but then there's a few things that are

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out of order. So, it goes from August 6th, 1985 to 2019 to 2015 back to 9 7 1. >> It goes like this. Like it's like a backwards S. As if you follow if you if you follow the line,

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>> Okay. It's a like a snake draft. >> Yeah, okay. Okay. I I Some people like myself may need some instructions on that, but okay. >> Would you like some arrows? >> There is an arrow on it. It's just kind

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of it's just kind of small. >> Uh Mr. Coice, I We What have we seen before this board before? I I I remember didn't the owner come in with the plan to kind of And the only reason I'm asking is I I could swear that this went up to the

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Township Committee already. Or maybe it was a different No, no, like recently. Was it for this We had initial vote and then it was sent to us to send it back to to go ahead and and initiate the process to >> [clears throat] >> designated area redevelopment. I think

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was that what happened? >> So it did go up. I I swear I was sitting in the back there and and I you guys voted on something, but >> Oh. >> back in us. >> Well, the So the most recent action that this board took was on the investigation report that added

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the second lot. >> Yes. >> That's the most recent action. >> Okay. Yeah, that's what we saw. >> Before that was probably the sale agreement from the Township Committee. >> That was done with the Township Committee.

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>> But would the Township Committee have ratified the part the the the the merger? >> The the investigation report, yes. >> Okay, maybe that's what I saw. >> Yes. >> Okay. All right. So our action today is just to recommend the Township Committee. >> issue. >> It's a compliance

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>> It's to view whether or not this is in conformance and compliance with the master plan. And recommend it back to the governing body for their approval in 2 weeks. >> Correct. >> So any other questions about it? >> Yeah, David, just to be

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>> Open to the public. >> Just to be clear, this this zone is What zone is it currently surrounding it or or encompassing it? And what is the uh uses or allowable uses under this

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Uh I know you touched on that, but um what's around there? And what kind of be used for. >> So, the former landfill is in the I-1 light industrial district and has industrial across the street.

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Has the railroad just south. There's industrial just south of there. Well, actually, excuse me. The Great Dane property is just south of this and then it's the the railroad across the street from this property is uh industrial. I can't remember the name of

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the business that operates. North north of this little industrial area, starts to become residential again. And the property that was added is actually in uh in a residential zone.

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I believe I have in my report the R-A. >> Northeast Great Dane is the trucking outfit just to the >> Thank you. >> next to it. >> And >> did you want to touch on the uses? >> Yes, so if you go to page 13 of the redevelopment plan, the permitted

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principal uses include solar energy systems, class B recycling facilities subjected to EPA approvals, office and office buildings, self-storage facilities, small-scale storage and distribution facilities, manufacturing, processing, finishing, and assembly of

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products completely within an enclosed building, research and development facilities, lumber yards and building material storage facilities, contractor facilities, indoor recreation facilities. There's a lot of ones included in that. Uh outdoor

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recreational facilities, personal service establishments, vehicle service facilities, and then in permitted accessory uses, we have parking and loading areas as regulated by our township code, trash and garbage collection areas, outdoor storage,

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retail sales of goods and services, and accessory uses customarily incidental and subordinate to a permitted principal use. >> Thank you. Essentially, it's a hybrid of one of our industrial districts.

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It's not as expansive as some of them are. It's a little bit more focused in. There was a number of uses that were negotiated by the by the the now owner in terms of the sale agreement, and we expanded upon

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those to try to make sure that the property and the zoning is um as viable for them, especially as things things might change so that we don't have to necessarily come back and have to have to amend this. If it's too narrow, then we'd have to keep

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coming back and amending it. Uh so, we wanted to take some of the things that in the I-1 uh that already seem to make sense in that area, and um and that's that's where we landed with all the uses.

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>> Yeah, I I I agree and Yeah, I said I agree. Uh and yeah, kind of almost abutting the uh rail line. That's an active rail line, if I'm not mistaken. So, uh yeah.

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Okay, thanks. >> You're welcome. >> Any other comments from the dais? Get a motion and a second to open to public. >> So moved. >> Second. >> All in favor? >> Aye. >> Okay, we're open to the public. If any

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members of the public have anything about this ordinance, please come to the mic. All right. Sweet. Seeing none. Um so, I guess the >> Motion to close. >> Motion to close. >> So moved.

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>> Second. >> All in favor? >> Aye. >> All right. So, the motion is >> The motion is that the planning board finds ordinance number 202607 adoption of the Sunny Mead Sunny Mead

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Landfill Redevelopment Plan Block 182 lots six and 7.02 to be in compliance with or conformance with the Township Master Plan and the Township Committee work Township Planning Board recommends to the

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Township Committee the adoption of said ordinance at its next regular meeting. >> Okay. So, that we had a motion and a second. >> So moved. >> Second. >> All right.

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Thank you. Uh roll call, please. Mhm. >> [clears throat] >> Mr. Flagg? >> Yes. >> Yes. >> Mr. Vitale? >> Yes. >> Mr. Smith? >> Yes. >> Deputy Mayor Lepore? >> Yes. >> Vice Chair Pisan? >> Yes. >> Chair Ciccarelli? >> Yes. >> Thank you. Thank you, David. Thank you.

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Um all right. Business from the floor for matters not on the agenda. So, if the public would like to come up for and speak to any matters that are not on tonight's agenda, please come up to the mic now. Okay. I have a 100%

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response on that. Um consideration of ordinances, we don't have any. Uh we have two applications. One has been adjourned. So, first was >> The the request is to be adjourned. >> To be adjourned. So, to be adjourned. Valley Road, do I have to read the whole thing? I guess I do, huh? >> Yeah.

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>> All right. Valley Road Realty LLC file 25-PB-04-MSPV time of decision September 11th, 2026. block 151-09, lot 227, formerly known as block 151,

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lot 5.B, Valley Road. Applicant seeking preliminary and final major site plan approval, C bulk variances and waivers to construct 199 dwelling units within 25 buildings comprised of townhomes, townhouses with garages, a 59-unit

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apartment building, clubhouse, stormwater and associated site improvements on property located in the MFID-1 Multifamily Inclusionary District-1. Environmental Committee review, May 11th, 2026.

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So, the applicant has provided an extension of time through September 11th, 2026 and requested to be adjourned to the July 9th, 2026 agenda with notice. >> So, the motion is to accept the request

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to carry this matter to July 9th at 7:00 p.m. or as soon thereafter as the matter may be heard. Notice is required and the time of decision has been extended to September 11th, 2026. >> Okay. Um

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So, motion and a second to open it up, right? >> I'm sorry, may I ask a question? What's that? >> Just a motion to approve. >> It's a motion to approve? Okay. >> I'll make that motion to to approve the adjournment request. >> May I ask a question? I'm I'm sorry, Mr. Bernstein, did you say notice is required?

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>> It's what the uh >> Yeah, that's what the agenda says. >> The agenda says with notice. Okay. And the notice is the applicant has to >> Yes. >> The applicant would have to send out a new notice to all the people within 200

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ft. >> Okay. So, we have a second. I I'm we have a we have a motion. >> Motion by Radowitz. You don't have a second. >> You don't have a second. >> I'll second. >> Return it. >> All right. The uh

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Just roll call. >> Well, I I see I think he wants to confirm David David is looking concerned at his screen on the issue of notice. >> Okay. And I and I guess my only question would be requiring notice, there's sufficient time between now and the 9th of June of July

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>> Yes. >> to give notice? >> Yes. >> Mr. Bertschy, were you involved in >> Nope. >> whether notice would be required or not? >> Nope. >> Okay. Neither was I. >> What? >> Neither was I.

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So, I'm assuming somebody else was. Um I'm I don't know if you recall seeing Mr. Fisher's request. That's what I was trying to look for. >> Hold on a second. I can't guarantee I have it either, but

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let me check. >> David, was notice sent out for this one? >> I'm looking for just for the purposes of the record. I have an email here from Mr. Alexander Fisher of the firm of Savo Schalk et al.

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Dated June 1st, 2026 to Deborah Paget of the Planning Department. Hi Deborah, the applicant requested the first hearing for the application be rescheduled to the June July 9th board meeting. We will notice for that meeting.

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Please send over any extension that you me to sign. Thanks for your help, Alex. Okay. So, >> Yeah, that was my my question cuz really there was nobody here for the meeting, so I'm wondering how they would even know that it was being adjourned. If was there no notice sent out for this meeting? >> believe I believe their people were

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aware, but that's beside the point. He's offered to to do the notice. So, >> do it. >> Okay. >> It may have been that they didn't send notice, so that's what that's what we're not sure about, but >> Never pass up an applicant's offer to re-notice. >> Yes.

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>> I believe I'm surprised, yeah. >> Sorry, just just wanted to be just wanted to be sure. So, thank you for finding that, Mr. Bernstein. >> No problem. >> All right. >> So, you have a motion from Mr. Radowitz, a second from Mr. Vitali to do just what we discussed. We can [clears throat] go right to the roll call, right?

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>> Yep. Mr. Flagg? >> Yes. >> Mr. Radowitz? >> Yes. >> Mr. Vitali? >> Yes. >> Mr. Smith? >> Yes. >> Mr. McCarney? [clears throat] >> Yes. >> Mr. Pisan? >> Yes, of course. >> Yes. >> Thank you. Second application is Campus Associates

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LLC, file 20-PB-13-MSP, June 2026 update. This is block 58, lot 1.05-5 Campus Drive, formerly known as 4 Campus Drive. Applicant to update the planning board on the status of the project every

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6 months, no later than December 31st, 2024, and thereafter per condition A of the resolution memorialized in July 11th, 2024. Status update last presented to the board on December 4th, 2025. Um

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Sure does. Seem like Mr. Kessler? >> Yes. >> Back again. >> Yes, yes, sir. Good morning, Mr. Chairman. Good morning, members of the board and Deputy Mayor, Council and professionals from the from the Township.

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A a has happened in the last 6 months, I'm happy to report. Um, I was just out at the site about 2 weeks ago. We had a little, um, uh, get-together out there with our, um, financing team and some other, uh, third-party, uh, people that we work

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with and wanted to show them the site. So, I had a chance to go out myself and visit. Um, and happy to report that a a lot has happened, uh, since I was here last in December. Um, at this point, uh, the the big item that we're waiting on is power from the

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power utility, from the electric utility. And that is something that, uh, none of us have control over. We push and try to get power as quickly as possible, but at this point, um, we're we're hoping we have it shortly, but that's always becomes an unknown and it's always difficult to work with, uh,

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the the power provider no matter where you are. Um, so, that's the the big item that we're waiting for right now. Um, happy to report that all four of the apartment buildings have been framed. Um, the first, I guess building one,

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building three, and building five, uh, have framing complete and, uh, rough mechanicals installed at this point. Um, building four is, uh, still in the framing process, but getting, uh, rough mechanicals in the next week or so. Uh,

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they'll start going in. Uh, the clubhouse is is, um, near completion. Again, none of these, uh, buildings have power yet, but, uh, the clubhouse is is almost complete. Uh, we've started installing some of the, uh, some of the finishes, the final finishes in the

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clubhouse. The pool is about 50% complete at this point. Um, the entire job is paved, um, as of now. It's not top-coated, but obviously we still have construction, uh, significant construction happening. Um, the, uh, pre-leasing process, uh,

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has has started. Um, which means that our sales and marketing uh team have stepped in and started to do their thing at this point, which involves getting the website up and running. Um, you we've moved from a uh a listing for the Hillsborough

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project as Hillsborough to Hillsborough coming soon. Which means that we're getting ready to launch the uh rental website, where we'll start the actual leasing process. Um, until you have power, you you know, and and until you're substantially complete with the

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first building, it's tough to bring people in, but people will start signing up. We've already had several uh inquiries from the public asking when they can rent. So, we we believe it'll be a popular um uh location. Um, so the pre-leasing process is is

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starting. Uh, we believe we'll have some real live leases in the works um sometime in July. Uh, our hope at this point, based on what we've seen with other projects in terms of when the power uh will will finally be turned on, and and based on where we are, uh we anticipate that at

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some point in October, we would begin moving our first uh tenants into the first building. And our goal at this point for is for substantial completion of the entire site by the end of uh fiscal year uh 2026. So, we're hoping by the end of

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December. Uh, as with any other kind of project you work on, you never know. Things come up. Um, there are things that are in the way, and you know, you never know what you're going to face uh when you're building, but that's what we're aiming for at this point. Um, like

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I said, the site looks really nice. I would like I was just back there, and um it's kind of nice out it's set back off the road. Um, I mean, I knew it was set back off the road, but when when you're back there, it's it's kind of a nice little peaceful um part of the world uh in in that uh in that complex. I think

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it's going to be really nice. Um, and that's a general update of where we are as of today. Um, I also wanted to add that the first building, in addition to framing and roughs, has siding right now. Um so it's moving right along. Um moving basically on the same schedule that I

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had anticipated we would be on back in December. A little bit, you know, slightly behind, maybe maybe a few weeks, but on the whole things are moving forward. Um project folks have been working really well with the town and with the construction department. Everyone's gotten to know each other and

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you know, know each other's quirks and and you know, it's really turned out to be a very nice project. So, that is my update for the month of June in 2026. >> Thank you. Um How you said the site's paved, so I'm

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curious um so you're really kind of already at your coverage ratio and I'm wondering if if anybody has any feedback on um storm water control and how that's working. >> So, um we have not heard anything from

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our folks who are on site um that there have been any major issues. If there were anything major happening, um they, you know, would have come to me, but we haven't heard any complaints from the folks who are working there. Um you would think if they can't access a building or if something's being washed out, we would know about it, but we

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haven't had any complaints so far. Any complaints that would have come through our project managers from members of the public or from neighbors would have eventually made their way to to us in the main office, but we haven't heard anything. It's >> It's still kind of early. >> Little bit. >> Yeah, but >> Little bit. >> Just putting you on. >> Yeah.

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>> Kind of throwing a flag up there that that as the summer storms come through it might be >> That's yep. >> I'm curious to see how you know, we everybody always asks do these storm water things work and so >> Yeah, you >> say they do and I'm well want to want to see it, you know. >> We're cross Yeah, we're crossing our

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fingers as well, so. >> Okay. >> Absolutely. Yep. >> Um Um, with with regards to the paving, obviously you're just talking about October move-in and finish by December. Do you plan on putting in a top coat before the end of the summer? Are you going to wait till next year to put the

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top coat on? >> We usually wait. Um, >> I would imagine I would imagine so for paving. >> Yeah, [clears throat] just in you know, the problem is you you know, you're going to have heavy construction vehicles in and out of there for for a long time, maybe up until substantial completion. So, it doesn't make sense.

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We've done other projects where, you know, tenants have say moved into one building and the township has come to us and actually said, "You know what? Just can you pave that one section?" We've done that before. >> Only cuz you said you're supposed to finish the project by the end of the year, so obviously you're not really going to finish it. You're You're going to finish it >> You're not going to get asphalt in in

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December. That's the other So, it it would likely be, you know, if it's if it is substantially completed in in December like we think it will be, um, you know, it would be when the thaw happens and the asphalt plants open up again. Usually usually around late March, April, something like that. >> And have you started to coordinate with

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our affordable housing in our office here as far as phasing? >> We have. As far as yeah, as far as how all that's going to work, yeah, we have uh >> Okay. >> Yeah, we have. >> Anybody else have any from the dais have any any questions? Okay, Mr. Kois.

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>> Uh, Mr. Chairman, more more of a logistical question for the board and for legal counsel. Six months puts us at December 11th. And I just you know, in terms of what the resolution says of having to come back for updates, but if it turns out all the COs are issued by

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that time, is the board expecting just an just an update or are they requiring an appearance? >> Yeah, yeah, if if an update. I mean, and if Mr. Kessler feels the desperate need to come earlier and give an update, he can

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come and give an update. >> Yeah. >> Yeah, the the question more is okay, they they're completed and let's say they completed it before the 6 months. Would a letter suffice showing that the project's complete and fully CO'd and not have to require

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appearance? >> I Um >> [clears throat] >> Does Can I mind if I say that? I I I don't mind coming up here. Um I get to leave work a little bit early. And uh I I I absolutely do mind do not mind the

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beautiful ride through uh the sourlands. So, um I don't mind coming back. I mean, I guess if we somehow finish in like, you know, November. So, I doubt that's going to happen. And I'm between all of you here, me and the wall. I'm telling you our goal is the end of December, but with development and the

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way things work it's >> That's fair. >> Yeah, it's a you know, that's our goal, but we all know how things work in reality. >> We'll write you in on in pencil. We'll pencil you down for a December day. >> I'm happy to come. I'm absolutely happy to come. I appreciate that Mr. >> Regardless, I'd like to hear at the end

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of the day. Right? And I may by then we may have a couple of storms. >> Yeah, could be. >> We can say working. So, you know, that that's uh >> I hope so. >> That's what I want to hear. >> That's fine. I appreciate that though. >> Um >> Mr. Quoice.

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>> How about the letter, the issue with the the deed? Um is that something you want to talk about, need to talk about, or is Mr. Kessler involved in that at all? >> Well, he's the victim.

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>> I sent Mr. Bernstein my thoughts on where I believe we're at. And I wanted to give him a chance to take in everything that I had sent him. If he has a response or agrees with my assessment, then we could, you know, or perhaps he

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needs more time. >> We The members of the board who were on the board at the time this application was originally approved. And what came from it, Mr. Kessler was not attorney of record at the time.

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Um, recall the various and sundry provisions of the agreement that the prior owner put us through relative to units and affordable. And the agreement that the parties

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ultimately entered into was 96 total units, of which 23 would be affordable. And the settlement agreement is abundantly clear. It's five ones,

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13 twos, and five threes. Somewhere along the way, after Mr. Kessler's client took over, and the board may also remember that we had a visit from counsel of prior owner

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who showed up here asking for an extension while he was busily, quietly selling the property and violated the agreement cuz he wasn't supposed to sell the property without at least our knowledge and potential approval, but they did.

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Um, we went through the whole routine that this is what was going to be what the parties agreed to and the machination we went through and the storm and angst and the amount of money that the taxpayers paid relative to the

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contest when you decided not to approve the project and what came from it. We anticipated that the project would be built in accordance with the settlement agreement. Somewhere along the way, the numbers on

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the units have changed. And part of the problem is that you hack really doesn't call for studios to be affordable. And we've lost the three-bedroom unit. And the discrepancy appears to be between

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the deed and the agreement and the approval. I have read Mr. Coyce's comments this morning. I didn't respond because I figured I would do it here at A&B. I've

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been a little So, I would concur that this need everything needs to match up. And the thing that needs to match up that it does not match up is the deed which clearly does not follow the

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settlement agreement and let's I'll use the following phrase, every unit counts. And any units that don't comply with the COAH present a problem with our friends in Cherry Hill etc. So,

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what we need Steven is we need to get the deed two things. We need to make sure that your client is building the 23 units in accordance with the agreement. >> Yes. >> In accordance with the agreement, in accordance with the board approval, in accordance with the abuse the board took

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from Jack Shanahan regarding that, the re-approval which is the five, the 13, and the five. We also need that the deed needs to be amended to reflect the five, the 13, and the five, as well as the fact that they are meeting the low, very

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low, and moderate income requirements. So, I would concur with David. Try not to fall down. I would concur with David that the thing that needs to happen is the deed is the deed has to be revised.

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>> Okay. >> And and I can I can testify tonight that we we have constructed in accordance with the settlement agreement. It is 100% built in accordance with the settlement agreement, not in accordance with what ended up in the deed. What ended up in the deed was a result of the affordable housing whoever at the time

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was doing affordable the affordable housing calculations ending up in the deed. So, amending the deed is is not a problem at all from our standpoint. >> Okay. So, just >> Correct. >> in touch with our office on >> Yeah. >> progress. >> And you know, just

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in case the planning board is wondering, "Okay, how maybe did that happen?" Our administrative agent at the time uh which is not the same as what who we have now, they were given the assignment to do the calculations, which is typical. That's that's what they do.

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Uh unfortunately, it didn't seem like they had the knowledge that there was a settlement agreement. So, that's I believe that's the primary reason how this essentially happened. And uh yeah, this was brought to our attention.

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Our our new administrative agent was working with us as well and and they're ready to get going with you as well. So, I don't see this slowing anything down. It's just more of a getting a new copy of it, perhaps for us our affordable housing attorney to review >> Yep.

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>> uh to give the blessing before it goes and gets refiled uh recorded with the county. >> Yep. >> And then we get a copy of it and everything and then we could be on the same page. >> Um >> [laughter] >> Yes, I saw it that late. Actually later than 9:00. I'm giving him time.

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I Normally people will tell me, "I don't know why you don't have it by midnight tonight." Uh when you leave here at 11:00. Yeah, we We to get it squared away. >> Okay. >> I mean, I I don't There's There's not a dispute on the number. There's not a The issue is to make sure that that's the

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correct number and that correctly allocated. >> Indeed, yeah. >> That's right. Yeah. >> And >> Cuz essentially our administrative administrative agent, the document they have going forward is the control itself. So, that's that's how important

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this is. Will there need to be either a resolution from the board or from Township Committee to execute a correct deed? It It's usually >> from the board. >> Yeah, it's usually signed by the I know it's signed by the administrative agent, at least the version that that we have.

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So, we can we can see how we might handle that. >> We'll make sure it gets done correctly. >> We had done it through compliance resolution compliance. >> Right. >> Well, actually to be Actually, what ended up happening

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is because the prior owner was in a very much of a hurry to sell the property, the controls were not actually done when the plans were signed. And so, that was something that was caught and addressed.

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But now, we just had It's not unusual that sometimes deeds have to be corrected, just to assure the board. >> But I don't think we actually I don't think Mr. Rider would So, we actually saw the first deed, right? I think it was >> No, because it's that that was a result

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of the approval that you gave and essentially the marching orders that all those things have to happen. >> And they just need to match it. >> And they just need to match now. >> Okay. >> So, we don't need additional being Essentially, we're going back to the original uh

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or the last resolution that says, "Get it right." And now, we have to get it right. >> All right. >> If that makes sense. >> Okay. >> Sounds like Mr. Kessler's >> aligned with that. >> So, that's good. >> Sooner than later, counselor.

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>> Absolutely. Thank you. Absolutely. Hold on Mr. Cass, before you go we're going to open to the public. Uh Motion and a second to open. >> So moved. >> Second. >> All in favor? >> Aye. >> Aye.

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>> All right. You knew the public was here. >> Grant Colmar, Taylor Avenue. Uh I think I'm just going to cut through the uh the legal talk if you don't mind. >> I resemble that remark. >> I know you would. That's okay. Um and what I heard I'm just going to

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reiterate the statement because sounds like this is paperwork issue. And you have built in accordance with what the plan is. Everything to do with the plan and this is a paperwork issue. Am I sort of getting that cut through legal stuff? >> Yes. >> That's all I need to know. Thank you.

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>> Actually the person who started this is the guy who is not a lawyer. Um >> All right. Motion to close. >> Motion to close. >> Second. >> Second. >> All in favor? >> Aye. >> Aye. >> Okay. >> Mr. Chairman, just for the purposes of

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the record, uh counsel for Fermor concedes, I use the word concedes loosely, that the obligation of the applicant relative to the requirements for affordable housing are going to be

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in accordance with the settlement agreement between prior owner, which this owner accepted when they took the transfer, as well as the resolution of approval granted by this board, which is 23 affordable housing units, five

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one-bedroom, 13 two-bedroom, and five three-bedroom units. >> Okay. >> And that any paperwork that is not in accordance with same will be corrected prior to the granting of certificates of occup- the first certificate of

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occupancy. So, David, I'd ask you like John No. that before they go out and start granting COs that this is taken care of. >> Yeah, I take that as TCOs as well.

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>> Yeah, Mr. Fiedler. >> Yes. >> What? >> Yes, Mr. Fiedler. >> Okay. >> Yes, we could document that. >> Okay. >> Thank you. >> And we'll be looking forward to seeing council prior to Christmas. Um whether it's the final visit or the next

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to final visit. >> Penultimate? >> All right. >> All right. >> Thank you, Mr. Kessler. >> Thank you all. >> Enjoy your nice ride home. >> I will. >> Yeah, it's the sun is probably still out, so you can see. >> You guys are in my GPS automatically. I went to enter it and it's like, "Hillsborough." Oh, yeah, that's where I'm going.

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Thank you for your time. Appreciate it. >> All right. Thank you. >> Have a nice holiday. >> Uh anything on from a business perspective before we adjourn? You got a meeting on the remind the board you got a meeting on the 25th. >> We have an application

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on June 25th, 25 Camplain Road. So, please come to the meeting so we have quorum. >> Uh you want to address the July 2nd meeting? >> We have not been putting anything on it cuz we believe it would be a possible

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quorum issue. So, if the board feels comfortable uh canceling that meeting, then just know that we have nothing on it due to its proximity to the >> I'm like meeting you. >> holiday. >> Just cancel it.

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>> So, do we need to vote on canceling it? Is that the uh >> I think at this point it avoids the question of will we or we not have an agenda? The planning department has chosen not to put anything on it. >> a motion to cancel the July >> second meeting. >> So, we have a motion to cancel the July

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2nd meeting and a second. Uh >> Roll call. Mr. Flag? >> Yes. >> Mr. Radwitz? >> Yes. >> Mr. Vitali? >> Yes. >> Mr. Smith? >> Yes. >> Deputy Mayor Lapani? >> Yes. >> Mr. Pease? >> Yes. >> Mr. Ciccarelli? >> Yes. >> Just for the purposes of Mayor, kick this to Chairman and the rest of the board.

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That means we have one planning board meeting in July. Which would >> There's a possible business meeting. It just doesn't show up on right >> possible is the 23rd and again for those of you who are >> This one? >> For Valley? >> Well, we're taking bets on that one. Um

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>> [clears throat] >> July 9th is Valley Road. >> Correct. >> Was there anything else on that? >> There may be a July 23rd, but I do remind the members of the board who may not recall August is no meetings. >> So. >> Correct. Was there anything else pending possibly

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for the 9th? >> Uh no, not at this time. If anything changes, we would let you know. Uh but no, I don't anticipate anything else going We're not holding it for anything. Again, we think it's appropriate for Valley Road Realty

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to have the meeting by itself. >> Um You may need another meeting depending on where we are with 25 Old Camp Lane. I mean >> Well, true and possibly >> the 9th, but sometime >> We can we can see. I mean, we've already

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started scheduling as the board knows. I believe at the last meeting we already put someone on September. >> Yes. >> So, things are starting to already fill up. >> And there will be two resolutions on the agenda on the 25th. >> Okay.

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>> You're already in possession of one and I'm correcting >> Yeah, we're done with the one and yeah. Thank you. >> So. >> Okay. Okay. >> Motion and a second to adjourn. >> Mhm. >> So moved. >> Second.

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>> All in favor? >> Aye. >> Thank you. >> Who was who was the second? >> 48. >> Shh.