new Taho. I can hear you. Yes. Can you hear me? Susan Gina Capage is not going to be here tonight or she'll be here. She'll be late. So Rene for her. Yes. Yep. So she's late. U Matt Reeves
is also not coming tonight. So both uh Renee and Mr. Bertelli will Yep. We'll move up to voting positions. Okay. We want to be where she is. Hi. Emily's early. Where she's at? Emily's early. She is early. Yeah, she's Yeah, she is
early. She beat the mayor. Two minutes to spare. Emily, good job. My daughter has a Chevy Suburban or Tahoe, one of those big big things. Suburban. And she only has like 80,000. The transmission. What? Yeah.
$5,000 to replace the transmission. I know. They're saying that connecting rods need to be too small for my good basically replacing the whole top.
Really? I said what year, Joe? My I'm actually a defect. That's what I I don't do it for my living, but not all. I do like fine.
We're going by that clock. So, they uh Isn't that an amazing 659? 425 horsepower. All this paper. There she is. Emily beacon.
[Laughter] Yeah, take it off. If I sell the business, [Applause] everybody ready? Everybody okay? Folks, I'd like to call the meeting to order. Would everyone please rise for the pledge of allegiance?
I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. This is open public meetings act. The public notice of this meeting pursuant
to the open public meetings act has been given by the township council in the following matter. Notifying the township clerk December 27th, 2024. Mailing notice to the courier post a central record and county times on December 27th, 2024. Posting notice on the
official municipal bulletin board on December 27th, 2024. Board agendas, meeting minutes, planning and zoning information, and application forms can be downloaded from the township website under the planning and zoning page. As a note, anyone from the public
wishing to speak will be permitted during the public participation portions. Those wishing to speak should step up to the microphone, state your name and address prior to making any comment. The agenda has been posted on the township website and bulletin board in the municipal building. Please place
all phones on mute to alleviate disruptions of the meeting. Susan, could we have a roll call, please? Sure. Mayor Terico, here. Deputy Mayor Zeradnik, present. Uh, Chairman Fletcher
here. Vice Chair Manello here. Gina Capate, Barb Barb Rathg here, Emily Wallace here,
Renee Bruce here, and Francis Bhortelli here. Okay. Thank you. Uh, Mr. Chairman, let the record reflect that Mr. Reeves did call out and say that he would be absent
and that Miss Capate said that she would most likely be late. Okay. Thank you. Professionals in attendance this evening would be Nicholas Sullivan, our planning board solicitor, Fred Turk, our planning board engineer, and Kyle Wagner, our director of community development. Moving on to new business, we have an application
this evening, 11 West Main Street, Block 63, Live 8, Anthony Anteneelli. Application number PB-25-03 zone downtown business application request for dumpster relief. Folks, you want to come up to the
microphone, please. Have a seat. Just pull the microphone close so we can hear the words. Sure. Help yourself. Sure. Please raise your right hand. Yep. Do you swear from the testimony you give tonight be the truth? The whole truth. Nothing but the truth. Yes, sir.
Okay. Just state your name and address for the record. Anthony Antelli, 5054 Laurel Avenue, Pence, New Jersey. Mr. You should pull that microphone question to you so that way we have a good record of it. Thank you. Okay. How can we help you? All right. So, I'm I'm seeking relief on
this dumpster uh relocation, the aesthetic issue that uh has been ongoing for over a year. And uh I I've been this is like my eighth
eighth or ninth uh design option and stuff. So, I'm kind of at this point where I'd like to just, you know, have the township um figure out what we're going to do.
I This is like my best where I'm at. We got a mural project coming on and uh we'd like to accommodate the township with that as well. Sight lines and this and that. Um, I'm there, but I'm uh over
top over the property line of what of what my father owns, what you're you should have a drawing there and uh in red there's a in yellow highlight property line and then you see where the
dumpster is is over that line and that's what's in question and I need I need some help find out. Okay, Fred, anything to comment?
Mr. Chairman, there's so much to say and go through. To keep it brief, the applicant should identify that this requirement was part of a prior site plan. There were a number of improvements required as part of the site plan for a
Mexicanstyle restaurant which was granted approval back in June of 2024. Uh that approval required uh in accordance with the township's ordinances that they provide a trash enclosure. Every commercial site in
Maple Shade Township in accordance with our ordinances to have a trash enclosure. So, this board acted accordingly and uh approved a trash enclosure. The trash enclosure was to be located in an area that was accessible, which was
the lawn area that we all know in front of the wall. We all know where it is. Um on landing. Yes. I need to visualize it because I'm not a planning guy. On Fort Landing, that grass on Fort Landing Road. Yes. that little grassy area before the the empty wall
where the banners hang. Um, so the applicant had provided a detail uh of a trash enclosure with landscaping around it back in at the meeting of June of 2024 when they or actually would have
been May of 2024. I think the resolution was dated June. Is that right? I'm not sure if it was May or June. July. June. July. Okay. June July. Uh so since that time uh the applicant's gone through as he
just related to many iterations uh that included appearances before council um uh identifying basically resistance that he couldn't do this. So more recently
um again it's not been resolved. We've gotten a year to a point where it was over a year. We're now a year and a month or two months and the applicants come in with let's settle. They they spoke with the township the applicants and they try to come up with a solution.
The solution came up to be I believe what is shown up here. one of these two both of them I work with Kyle so it's it's not like I'm dreaming up I'm working with the township and you know I my background is design build so
I'm getting to know how to work with you guys and what the requirements are and it's give and take and excuse me Fred but you know the first thing that was uh approved like I said I was going into it blind when I got the approval and started
doing the the estimate and all. It was too It was too costly and I and I really wasn't happy with it. It was four dumpsters uh that were twoyard dumpsters and uh 20x 20 pad close to the building.
That's that's not uh suitable. And uh my father was in the hospital that caused some delays and stuff, but I came up with one 8yard dumpster which is on the job which is on the job site now on the on the site now. And it's been operable.
no problems. Um, you know, a lot of that, uh, superolous stuff was happening on due to Urban Promise being in business at the time, and they bailed on us, uh, the, uh, last week of November.
So, that freed up that uh, a dumpster. At that time, there was two dumpsters, and the Mexicans would have uh, afforded a third dumpster location. And I'm like, that's monotonous. It's just too much clutter on a a site that's already tight. And I wasn't going to put
something tight against the building where Min and Masley's uh attorney uh the uh accountants are cuz nobody wants a trash dumpster up against their their stuff. This thing has always been set away from the building off the road and
unnoticed until we got flagged by the township on account of this enclosure. And uh this other this other one that I I've been at these these work sessions, you know, I came out the gate with just
the 8 yard dumpster and a a 6x10 screen. So that's that's the little parking lot right there. And this is the this is the parking lot. The Chinese restaurant is right beside us with dirt dumpsters. And for 50ome years, we've been we've been pretty good. There's haven't been any writeups
about rodents and this and that. But the thing is people change and uh tenants change and the uh etiquette and clean cleanliness and responsibilities that gets laxed and uh you know but we've been dealing with it and it's it's all
good and real simple safe and there's a light and all that and that would have been okay but that was that was mixed. So, here's where I'm at currently. This one, this one had this was the most recent
and I had Fred uh you know, Fred asked me to uh get it uh stamped by an engineer. One of my buddies is an engineer and this whole thing um afforded Wait a minute. That's This is the one that uh was stamped and it
only had three recycle carts, the two dumpsters, and it it came out. It projected itself way out to the road. And uh what I did, I uh amended that and I tightened it up and I took it back seven, eight more feet off the road to
become less noticeable. But we have a full enclosed fully enclosed dumpster area. Um two dump two yard dumpsters. there's room for. So, one could be dedicated for trash, another one could be dedicated for recycled cardboard and
uh five carts and a used oil thing. So, this you know the these are these are good plans, but you know, you guys got the final say. So, so just to continue through uh I'm going to get to the end and then I'm going to
turn to the attorney, but I just want to continue. We've gone through they came to site plan last month before correct and they presented this plan where the trash enclosure which was supposed to and would be required to be on your own private property and accords with state
law and our ordinances uh was not it was placed on a public uh right ofway which is our parking lot as well as an easement uh utility easement. So we identified that look you can't you can't do this. Um it's the same improvement that would have been
generally on further back. So in site plan we discussed listen why don't we look at you just asking for a waiver. Mr. Fletcher had identified that hey this problem from an ordinance that was never enforced from 2017 is going to
attack all of our businesses. And I use the word attack because they don't know what to do just like Mr. Anteneelli is in a crossroad so to speak. So, we require dumpsters and closures for every dumpster that's and again, it's to beautify maple shade. It's to make it
look cleaner, keeps trash from blowing all over the place. So, Mr. Antelli tonight is in here tonight asking for I believe you're here tonight asking for a waiver of the requirement from township code to install a trash enclosure at
this time. M I mentioned Mr. Fletcher. He had tal talked at site plan about doing a regional uh trash enclosure area for all the properties along Main Street which was in our public parking lot or our public right ofway. Uh the issue the
only issue I see here is that you're asking for a waiver of an application that had required an approval and that was for and I don't know what the letters were. It was the I'll just use the Mexican restaurant. It was XOQ. I don't know all the letters for that
application. It's ioxiqu. I brought it tonight with me. So that approval had a number of other items that were in there. The trash enclosure was one of them. So we're here tonight listening to that. So I don't know if
we're Mr. Mr. Attorney if we're amending the IOXI LLC application. Is that what we will be doing? um as opposed to this being its own.
Well, right now it's required by Yes. IOXI, although it's a different applicant. Um I believe you owned it then and own it now. Yes. Yeah. My father owns owns the the property and the whole directive with
the Mexican restaurant. We got word through our real estate agent that, you know, there were certain things being asked of the the person that's leasing a store and, you know, that had to deal with the rest
of the property. And that's when we got involved because we, you know, we took it upon ourselves to, hey, this is we own the place and the hardship or the onus should be on us. So, we got in to help out. I mean my father.
So the general point is he's looking for a waiver of the requirement to install a trash enclosure. Two things with that. I know council maybe were looking at doing something general for the entire downtown area in that section of town
which would give part of his uh testimony tonight would be that that's something that was discussed and that would also help him and alleviate his cost to this and make it more of a general trash area that the township
would utilize. Uh and then I guess the businesses would be charged accordingly. That was the gist behind looking at waving uh this. But right now there is an ordinance requiring it. It was approved to be installed and the applicants before us today asking for a
waiver of that requirement. And I think it's justifications are that it's ownorous and that the township is looking and I don't know where that is as far as the council would be, but it's something that I think the township might be looking into. So that's the
justification, but my my question I guess legally is where are we on how do we grant him relief if the board were were to do so? Yeah, I would view it as an amendment. So I would reference that resolution uh reference it's the same owner
although technically a se different applicant but still affiliated and um it would be an amendment of the requirements of that specific resolution right. Okay. So, that's that's why the gentleman's here this evening
and plus we have two stores that want to open and the Mexican restaurant is fully fit out on its interior and uh is suitable to to open. We just need one more inspection walk through and we can get him open and uh everybody will be
back from the summer and get some life on Main Street again, get another store there. So outside of this application, we just need to look at or council would need to look at what are we doing with the remainder of the town. I know initially Kyle did put out
a big bang of everybody like, hey, this is the ordinance and not sure how it's being received. I'm think it's most likely being received as well as Mr. Antelli received it. So uh the Chinese restaurant beside me has no place to go. He called uh the guys the name Zen and
Zen called he's like aunt could I piggy back and share your your dumpster area and his space is even more narrow. So what we've had these past 50 years has worked and the the cleanliness and the safe operation has has been there. There
hasn't been any flags, no accidents. So, you know, we're just trying to keep it simple and safe and just Mr. Anthony, the idea is when the the premise of that ordinance was to help the township look nicer, to make it shopping nicer, similar to
the back of some of the the whole thing is beauty is in the eye of the beholder and what I presented first with a 6x10 screen wasn't wasn't good enough and that and that's kind of was that considered by the planning board? Yes. Did you discuss this issue?
Discussed it with the planning board. Present it with to Fred and and Mr. Sony was here. How about the planning board? Did the planning board addressed this at all? Fred, you were here last year. No, the only thing that was presented was what was approved, which was an
enclosure on his propert right over the last year and two months. The there's it became a problem. Many many different iterations of I've been to several planning board work sessions. So, it has been presented. I'm just I was just going to ask what did they decide, but they didn't make a
decision. Well, the the this the single the single one that I presented uh and and stamped that was stamped as well. I mean, that was nixed because it didn't have Was it presented to the planning board? It it didn't have three sides to to the
work session. I'm not going to make it past the work session. The planning approvals were done last year. The resolution was done last year and he was going to build a pad and he was going to build and four four dumpster. Why four? Because we had Urban Promise at the time,
the Gayanos, the Mexican restaurant. Nobody wanted to share a cost of like say a fouryard dumpster instead of pay, you know, everybody paying their own two yard or three yard dumpster. Oh no, I'm not going to do that because what if the other guy doesn't pay on the the note?
then I'm going to pay his share is going to be a problem. So the three dumpsters plus the fourth one was for maybe an additional store. At that time we had a guy uh a t a prospective uh tenant that
was going to apply for um craft vodka. He was going to make that. So you know we had another tenant for ice cream uh uh store too. So it was one per store basically. So that was kind of like, you know, my ace in the hole to to just say, "Okay, let's
just plan a 20x 20 space, four dumpsters." And when I seen it and, you know, was looking at it and I'm like, "This is a mess." And back and forth with a truck and this and that. One eight yard dumpster, keep it nice and easy, keep it clean, and it and it's
done and over with. Safe operation. The guy's in there first thing in the morning. It's just one shot. And it and where we're at here with the two, it's because um you know, and where I arrived at all this stuff is working through
with Kyle. You know, Mr. Sony and I we we kind of just stopped at the the one 8 yard dumpster with the uh the screen. Mr. Antelli, excuse me. Are you willing to build these now? Is that why you're here? I'm I'm seeking some relief. That that's
what I'm I'm doing because I really I'm just curious why you're presenting these. You're just telling the history or you want to build? No, I'm I'm because of the whole temporary issue of a solution. I my my question at the work session was what makes this idea that idea and the other
D idea more one more temporary than the other when we're going to pay out say $10,000 more and then say if if this big giant dumpster comes into the public parking area that that all that goes
away. We don't have money to to waste. You're talking about the township parking area. I mean, that was that that's that's a concept. I think Well, that's what I'm saying. And and these are all concepts. Come back to Fred's question. What What
are you offering? What do you want us to approve? Uh temporary stay for for six months at least. Still with temporary stay. Temporary stay, relief, release. We've had a year, right? I mean, it's been a year. here and two months. Yes. Right. So, you want another six months?
Is that what you're asking? I mean, this this was presented at the work session by Andrew to and then Andrew is not here tonight. So, um you know, and all this was was presented and then
Andrew told Fred he should do some additional digging because of this over the property line. Who owns the property? Does PSEG have have lines running under there? Nobody knows. Are you proposing something that that's over the property line?
Correct. Are you? Yeah. In the right way. Yeah. Can we uh clarify what property and what line? So, uh this isn't going to This is township property. So, just as an uh explanation, there's no way you can build this on a township property
without an easement or an agreement or the township giving you the property or selling it to you. So this is not legally and if it's a temporary idea where that's what Kyle was saying he's like a you can do this that's that's you know that's kind of I
can do that but the the thing is if you guys are thinking about you know having another big uh dump site or whatever that everybody's going to use. I mean, think about it. For 6 months, everything's operating just fine the way it is.
So, where's I'm sorry. Go ahead. I mean, you keep I know Fred, last month you brought up, you know, we were talking about another building. You know, just because it's always been that way doesn't mean it has to stay that way, right? This is something that we've changed in our ordinance recently. Have we ever It was changed in 2017. It was never
enforced, Madam Mayor. Okay. But anybody has come since then, it's been enforced, correct? Oh, absolutely. And there's been a letter sent to all of our businesses saying we need to provide enclosures. So this would be the first one that we there would be. Yes. Okay. That we wouldn't finish because I
thought you said it was never enforced. It was not enforced until 2017. I think I became the board engineer. Oh, okay. I just my my job is to review all the ordinances and what applicants have to comply with ordinances or or obtain waiverss and varian
I think Mr. Sullivan said we can't the back of the decide on that on the township property. That's correct. That's fair. Right. So we don't have to consider that there's creative and you always had dumpsters back there, right? But the problem now, but I see you
mentioned this as your plan and it had an enclosure. Right. This is what I the most recent I worked with Kyle. Is that suitable? That's uh those two are on uh municipal and a right of way that we're not sure who owns the right of way. So, if I may,
all right, I've worked with it with Mr. Antonelli on this. He's been into the site plan committee board twice. Okay. Um, he's discussed numerous plans and what he wanted to do. We came out to the site. We looked at this not knowing that
the easement was there. Okay. There is, as you can see on this paper here, it doesn't have an item, but you see a red line through here. Okay. This indicates that this is Mr. Antelli's property. This here is the township's property. Okay. So, what he is, he was in the last
site plan board meeting and the recommendation was to seek relief so that he can get these businesses open and then work out an agreement with the township to see if they would allow him to construct this or let him use that
land to put this dumpster there for the time being until discussion was made about a township dumpster in that parking lot area. So, I think, and I'm not coaching him at all, he's seeking some kind of relief for installing this dumpster for right now
until he can work it out with the township and allow these stores to continue with their inspection process to get them open and get some more ratables within the township. And when you say this dumpster, you're talking about the dumpster that that's on township that's on township. That's correct.
The planning board can't agree to that because a council thing, right? Yeah. So that's to go through the township manager and the township council as to whether the township agrees to lease and or sell dedicate whatever it might be that portion of property.
I don't think he's asking for that from this board. He's asking this board for relief for doing this right now so he can work that out with the township himself. The dumpster location where it is now is what he's basically asking. That's what he's going to be asking the township to do. But in the meantime,
he's asking for some properties to be inspected so that they can move forward with they're are permitted already. They're under inspections already and they're looking for now opening. This dumpster is what's holding up two businesses from opening up right now. So he's asking for relief of construction
right now of this from this of the enclosure. Of the enclosure, not the dumpster. Not the dumpster. And that's where it's been forever. Is that you want to leave it where it was? Well, it it's the the one 8yard dumpster has been operating since uh February.
So, the problem is the enclosure, right, Fred? Yes. So, that's the requirement. And and why can't you do the enclosure? Is it is it cost? Is it space? Is it taking parking spots? Well, this is this is the the best. This is the best solution now. And I'm
over the I'm over the line. Oh, okay. So, it's space. You have a space issue. So, you don't want to put it back against the wall area is what you said, right? because I'm assuming this is the original approval uh I will look through the original approval had it in the lawn area on their property. I think
the objection to that after the fact is that you didn't want them driving on your property the drive it on the property and and it is close to the building where that could could have been a fire hazard and I never approached the fire chief about that. We've never had it. It was the
corner of the pad was 5 foot off off of the building. What What's wrong where the dumpster is now? Why can't you enclose where it is now? It's too It's too It's very tight. There's not enough. And you know what kills me too? You got
a 6ft tall fence o over top of this area and the Chinese restaurant uh that encroaches upon us. for sharing more or less the space the telephone pole like that's on that's on the print. Um if you
guys see I know I know where your dumpster is. Yeah. And then and then there's a cable that comes down on a diagonal. The Chinese restaurant guy's got whoever his pickup is has to get the truck in between the telephone pole and the uh cable to get
his stuff out. If I put that sixyard I mean that 6ft fence around that it becomes extremely tight. I don't I don't have enough room for a setback in a sense. It it it's not going to operate like I have in the in these plans.
But I'm looking at what you have there. Yeah. And if you move that what you have there right over to where your dumpster is now Yeah. the the truck's going to pull up the same exact way as it's going to pull up on this. Yeah, but it see what I got
going here. I see that this is going to close off the view with the driveway and everything else. Just the way that is set up. Now, this one's a little bit more narrow. I think I got I got like 15 15 foot 20 foot. You put
that over there, that's just as deep as the parking space. So this big giant wall here, you know, if I even came across, it limits the pickup potential of the the the truck, you know, coming in because it it would have to be on an
angle. This stuff allows the truck to come straight in and then bump the the curb. But that's what I'm saying. Why couldn't you put the opening facing the municipal parking lot just like you have it there? Just slide it over. But that's that's what I'm saying. Ress it the truck.
When cars come out of here, the sight line back here. That's what I'm I'm kind of concerned proposed. Isn't it sometimes over there? When I drive back there, I feel like the dumpsters are sometimes over by the car. The the operators bringing the damn thing further and further out. I'm like,
it's supposed to be three foot off the telephone pole. That's the point of the enclosure, though, right? Because that sometimes they're just sporadically thrown everywhere back. this this single this single fence here the way the where it where it's at you know say it's like I
got three six and another three that's 12t off the pole this was even mixed how it was so just imagine the the four sides and it's it's not going to work it's not it's just not going to be an efficient operation's
there's there's some things that are just not going to make you know make it work to So Fred, without the temporary relief, what's the other option? Uh, none. Well, no. The options are it's installed the way it was approved
a year ago, right? A year ago, the applicant gets some relief for some period of time so that our businesses can open. And then the decision would have to be made either through council or that he
would have be obligated to build it where it was or he would talk to council. I mean that's I'm looking for the photo of the approval. Yeah. If um if he if we grant relief
of no enclosure, right? That's that would you'd be happy with putting your dumpster where it is? No enclosure. Is that the relief you're looking for? And then life would go on the way it is now. Yeah. Is that what you're looking for? Yeah. Excessive fees. Yes. Okay.
So, Fred, if we do that and uh this business turns over in 3 years, does he have to come back and will this be addressed again or is the relief permanent?
It's a bulk variance. So, it wouldn't run with the land. Only use variances run with the land. So, yeah, we'd have to come back and discuss this for the next applicant. Okay. for the change of use. If we allowed him to do this, it would be relief for as long as this business was in business. But once this business,
let me clarify the question. The next business that comes, hold on, let me clarify. This is for him. So, it's as long as he owns the property. Now, he's going to have someone's going to come in. Well, it's a kind of in a gray area because someone's going to come in for a change of use in the future. I'm not expecting whatever business there is going to last forever. Um, but right
now, he's getting the approval for his property. They're going to be a change of use. If it's in the applicant, we'd have to reference this and come back to it. But it is possible that it could be taken care of at that time with a change of use. Hopefully business is there for 20 years. But I see either way you're going to have to do
it. It seems like greatly. Yeah. I mean, you're going to have to do it whether it's tomorrow or three months from now, maybe five years, and maybe the town will come up with a solution. That's that's fine. And and the whole idea is let's figure out if I can put
put the new dumpster area on uh on the property where it's at. That was the whole idea is that you know is PSE and G lines running, you know, this way or out to Fort Landing Road.
Well, that's why we told you at the site plan you'd have to get a mark out. Have to get a mark out there to see where you know the ground utilities are. You might have water mains there, sanitary sewer and gas lines. But the thing is the township's putting it all the onus on us when it's the townships coming after us to say, "Hey, you know, you got to do
this, you got to do that, you got to where where's the help?" You know? Well, I don't think that's fair because you came last year and you got an approval that you agreed upon resolution last year in July and then you came back again to the site plan three times this year and this is a new board and we're trying
to work with you. That's why I suggested if you go to Morristown and Collingswood and Hadenfield, you'll see municipal parking lots all over the place. They have municipal dumpster areas, too. Now, I don't know if they have any arrangements with the business owners, but that's why I suggested maybe the council, when Andrew was a council less
on with us, I said maybe council would consider building a municipal dumpster enclosure on the municipal parking lot. And then the dumpsters that would go in that enclosure, they would charge the fees to the owners, the business owners that are utilizing those dumpsters. That way that
we're recur, you know, recouping the cost because alls we did was talk about this for about two hours and I so I was trying to think a little outside the box. That's why I suggested that's where it came from. So So we knew that that would take time obviously that would take time. That takes time. And then and then the
whole thing is I've been nothing but trying to work with this. I'm not resisting anything. My father's not resisting. We've been good to the town for 50 years. And the whole idea is if if this is a temporary solution and then the public, the township supersedes it
with a big larger enclosure that everybody's going to pitch into. We're out $10,000 more just to put this up. And then who's responsible for tearing it down? It all goes away. uh you know and and my
father's business account has been frozen for over a year during this this time and that's that was extremely severe to he doesn't have any income coming in. We've been operating and taking care of the our with our own solution with the 8 yard dumpster.
This is a little too far outside the box for for us. Let me ask the engineer something maybe a lawyer. So the grass is Mr. Antonelli's right? a a portion of the grass. He could put a dumpster there, right? That's what was approved. A dumpster on the grass. I mean, to me
to me it would have to We say dumpster, we're talking enclosures. An enclosure. Yeah, I know. But to me, it's a little green space there. I had no idea it was privately owned. I'd rather keep that open myself, but that's just me.
Well, the one below the property line would still be green space. That's the townships. It's the one above. That's a parking lot, right? No, this is all the green area. It's just split in half. So, he owns it. Yes. This is all green. This green line is all the grass and then it starts with the parking.
This is the building he owns up to here. I I would be willing to grant um some relief to keep it operating the way it is until to get your businesses open. I would be very open to that if Fred can work out the details. Um, you would have to come up with a time
frame. That's all, right? I would say no more than six to eight months. I'm not sure we can condition a waiver on a time frame. Usually you get the design waiver or you don't. Um, I mean, we're not we're not asking for a design
waiver. We're asking him to let him continue to operate as is until we can find a better solution. Right now, he's operating with a dumpster. What size is that dumpster now? 8 yard dumpster. He's operating with an 8-yard dumpster. Um, now he has two businesses that one
of Well, you you definitely have one that's ready to open soon and it needs a dumpster. It it that's the Is that one of the conditions why it's not opening? Yes, sir. Or is it the inspections that he's waiting for? No, it's the the dumpster was part of
his opening that had to be worked out. Trash enclosure, not dump. Trash enclosure. So why don't we approve it and then the next business that comes in will be we'll have to meet the requirement by then maybe we'll have a solution. But to have him come back in and make him come
back in, you know, next year maybe. But then will he always be grandfathered in to never have a dumpster? Well, he has the dumpster. He doesn't have any. No, that's what we said. Like he's still going to have to have he's going to have to have his son if he switches businesses. Correct. So the business, not the property owner.
Well, yeah. They have to come in for a change of use. As part of the change of use, this will be a consideration. Maybe by then, hopefully it doesn't happen and your business thrives, but if by then maybe the town will have a solution. And by the way, if the town
has a solution, you can use that solution. That that's what that's what we said at the workshop like all the better. Any uh approval that he would need to use the township's we're getting far feel maybe
we don't the township hasn't approved that yet or even considered so let's wait for that first but that's put in the cart way before the horse. Okay. Anyone else have any comments? I have a question and maybe this might
be for Fred. Fred, what is I I I hear that the enclosure is stopping it. Is it you that can't approve it because he doesn't have the enclosure? Uh, he does not have resolution compliance without without the enclosure. So really this goes back there were other conditions on
whatever um a new survey updated survey so we know where the property line is and u Mr. Grantelli, typically you were talking about the easement. What's there? That usually goes to the applicant. You know, who's responsible? There's a right of way there that serves
I think it goes along the back of all the businesses, a 10 foot rightway. So, when this idea first came up, I was I looked at the tax map and I said, we can't block a rightway because we don't even know what it probably was from 1954 or something, right? I mean, I don't know what that would be for. We'd have
to do research, but uh what's proposed uh up on these boards is similar to what was proposed on his grass area that you were talking about, Lou. Uh at the time, I believe Mr. Anthony had three or four little dumpsters. Now, in the last year
or last several months, you've had one dumpster because there were four little ones. Then we have Chinese next door. And there's also the one thing we're not talking about and we haven't spoke of. There's little grease traps out there. Um they're an adventure on their own. Um
at various times of the year. So at a minimum if we were going to grant relief whether it's for portion of time portion of time or till the next company comes in at a minimum we should put some kind of evergreens along that area so we
don't at least see a portion of that um again bringing the shade back shade or whatever we want to call it at least bring some more green some barberes or something like that is that something can I see that overhead you want this like plan from Google yeah is that yours property But that's
it. Okay. Here's the grass area. So he owns this half. Oh, so so the mark the little market there is the proposed dumpster. That was that he wants it to go here on the township side.
Oh, next to the parking lot. Kyle, where is it now? This board cannot not at this moment. No, because of the that has that but that has to go to council. Correct. Regardless, yeah, he would have to, you know, petition council to
Yes. The only thing that can go on right now is either the waiver or variance, however we want to phrase it and uh but not where he's proposing Mr. solution you have there chain link.
There's not enough room because So this is where the dumpster is sitting there right now. the used cooking oil. Yeah. And and just a a 6 foot tall by 10 foot
long uh screen fence and then all these trees, you know, u burns, whatever. Uh they could have been planted to kind of, you know, make it pretty and and sitting way back here. It's it's it's the least obvious.
How does the truck get there to pick up the trash? They go right in. trucks coming in right on the public park parking area. What's the problem with that? Why isn't that done like that instead of doing all this and wor because of the encroachment into the driveway? It's it's it's not going it's not going
to work as as easy. Number one, if I may, that's not the proper the enclosure is a total 100%ure. I understand that. And he also has a utility uh pole there with a guideline. Yeah. This this line here represents my
father's property line. So we're we're we're like right Yeah. You're on the property line. So where's the utility pole with the guideline? And which way does that guideline go? Coming out towards the Chinese restaurant. So that has does has no effect on you. That guideline,
right? I'm I'm in the clear, but the Chinese guys got to do the same thing. But that's not before this board right now. Yeah. Okay. Well, that's what I'm saying. It's a big the it's it's a but let's let's chew what food we have in front of us right now. So and it's
not feasible for you to that little screen you have there. It's not feasible for you to take that across the back. We we believe there's an underground wire there. Sir, that's where the easement we we believe there's an ement across there. You had mentioned that and there would be but that's his property.
That's Well, there's ements on our property. I know. But he has a right to do something with his property. Yes. So he could take that screen and put an L there and be done. The truck's going to come in right from the municipal lot, grab
what it needs to grab and go. There's a few things I'll just explain quickly about an enclosure. So enclosures can be openf faced like we see along a lot of back or some of them have gates. Yeah. If they have gates, they swing out. Where do they swing out to is what we'd have to be concerned with. If they don't
have a front, not sure exactly what the purpose is other than providing in this case it would provide screening from Fort Lanning Road which is really that's our center of town right there. Um but there was some concern and Mr. Antel you raised it with digging in that area
also if there's electrical water. It's only a post. It's not and that is not an enclosure. That's a section of fence is what we're looking at. So, he could do a three-sided enclosure or So, if he moves his dumpster, will there still be a dumpster there?
There will be a grease trap there. A grease. Well, there's two dump I'm saying two dumpsters, right? Is it Are there two dumpsters there right now? Present condition? No. No. Everything The grease dump uh the Chinese doesn't isn't right next to yours.
Yeah, the Chinese guys got two two uh dumpsters plus a used cooking oil container there. And where are their dumpsters? Over over top of our property line. Kind of like right where that triangle is. This is the the kind of working triangle
for for both properties all nested together. And we've always operated safely and it's it's always been good. This aesthetic kind of issue and enclosure kind of thing is thrown a monkey wrench
in the whole thing. It's it's it's safe, operable, and and usable. And the sight lines are okay that the people that do park for the Chinese restaurant, the laundry mat, as tight as it is, everybody's, you
know, getting along and then it's okay. But to have something six foot tall is is there's a So, you're worried about I didn't mean to stop you. So, you're worried about traffic. Is that what do you what are you worried is that people worried about traffic a lot of that it's how about mirror like you see how people
coming out of other driveways why not put a big mirror up there so clear no no you know what I'm saying no you know the circles saying this this here is is you know is basically you know somebody's coming down okay
I have it set back enough and that this is on a diagonal so somebody pulling out is far enough here but to have something that's that's big and all and if they're not careful, it kind of does obstruct,
you know, the ease of all. I'm just saying put a three-sided enclosure there. Set it back a little bit so it doesn't mess up the line of sight. And we're we're good. If I'm understanding the ordinance correctly, every new business that opens must have a trash enclosure.
And this is so for the beautifification of this. If Main Street were to become full of businesses, we'd have a parking lot full of enclosures for trash. We do now. We have dumpsters all along the So, they're just exposed. But now we
would have enclosure after enclosure after closure, right? Exactly. Parker's already limited. Picking up on what councilman said, if you were to push that back further, would that fit in there, Mr. Antonelli?
Excuse me. If you pushed it back further away from the the trucks the truck's going to have a a rougher time to get close to the dumpster. An 8 yard dumpster does not have wheels. So when he sets it down, he's only got a limited reach. He's got a stick and pick.
Yeah. No, but he can drive in further if you push that back further. There's a curb. There's a curve line. And that and that's what I say. This one's a good a good one because the curb line is the tire bump and he's got enough enough reach to get to get it in there.
Also explain a lot of people don't and I Mr. Antelli I think included they're worried about when you see trash enclosures in shopping centers and I'm sorry I'm going to go through this with you where the front tires there's a single axle in the front when it lifts it bangs pressure down on the asphalt.
asphalt is flexible, so you usually see rudding. But all trash enclosures, whether you go to the Bronton County details, Bronton County recycling details, there's supposed to be a 10-ft concrete pad out front. And that pad is for those front single axle tires to get all that loading on there. So, if this
got pushed back, it is an option. Put the pad there. You just have to truck driver to pull in and pick it up. And you could do a three-sided like you're saying. That is an option. Sounds like you would lose a parking stall. A concrete pad
on normally it's concrete patch. That's pretty. This is this has been here for 50 years. The truck has been pulling in here. There is no wear and tear on the public asphalt due to its specification. And this has always been asphalt. No
concrete pad 50 years and it hasn't worn yet. So part of this idea here was that make this out of asphalt if the big picture is putting a big community uh dumpster out there. I I should I have to
hire a different contractor just get it all done with asphalt. Right now we have you know in the works is that this entire parking lot is going to be rebuilt with 2 in new asphalt in the coming weeks. Are there any other trash enclosures
back there? And believe me, I'm Yes. I'm not one that says, you know, this was approved 20 years ago, so it's okay now. Acne has one. The only one in that location is the drugstore right now. The Acme is working
on it as we speak. Has oneelli has one as well. Yeah, the Acme isn't closed, but it's kind of correct. Haphazardly right now. Yeah. Sunray is that's a little sketchy, too. the Smith brothers. But what Sunray does is what I'm asking
you to do. Sunray has their dumpster facing the municipal parking lot and it's enclosed and the gates open. I just don't see a problem with where you have your dumpster now. Three siding that. I'm not even asking for a gate in front of it. Just have
three sides in front of around that. What you have there that it'll hold your grease trap. The dumpster that is in there has been working fine for how many years? 50. Yeah. Right. So, let's just put three sides around that and call it a day.
So, just come back with the fence holder here and put the fence right on the property line. That's what I would suggest. Yes. Supposed to have a gate. If you if you give me the six month stay or eight month I mean so as per our code it's supposed to have a gate. So, we could issue a waiver right for the gate. I can only
based on the fact that he's going to put a enclosure up as John just stated. Yeah. And go that route. Yeah. Just push it back so there's not a sight distance. And then Mr. Antonell is worried about sight distance, too. There is. There might be a law regard. Push it back to where the truck can grab it. Well, that's that's the thing. That's
Well, they can drive up on the curb. Again, a piece of curb is $25 a linear foot for a big project, right? So, there would be an expense if he has to replace the curb. It's 10 ft of curb. I don't think he's going to have to replace the curb. I think that I don't even know what the curb looks like. I'm sorry to tell you. I think that's your simplest solution
right there is you enclose that three sides. Go back on the angle like you're saying there. Come down this side. We we can we can discuss. I don't know that it needs a gate, but it's actually enclosing it and and pushing it out would be outside of that easement mostly. Right. And you're not going to you're
not going to see it from Fort Landing Road, which is what our what we're asking for. That Yeah. That landscaping with that three-sided enclosure would right serve what we're our goal was. Yeah. And and I'd like to just add that I'm in works right now. I know that that's not
in front of the board, but just as so you know, the Chinese food restaurant has come to me as well for some kind of a option of what they want to do. So if this option is viable, then they could extend off of the other side and keep their dumpster enclosure there as well.
And that's pro the problem with this ordinance is a lot of these buildings don't have the reasonable space to do it. Yeah, sure. So we have to find some way to work with these properties to come with a resolution solution too that way. Can we make it? Well, you guys can I
guess we can make recommendations to council. Can we change? Is that a zoning thing or that modified? It's just if it's going to be one big dumpster in the back, you got another parking spot. Well, I got we got No, no, I know that. What I'm saying is
once the township decides that they want to do a big one big dump area. Now you can get rid of that. Now you got an extra parking lot and it's instead it's not too much expense on you right now. Yeah. Right. Right. It would just be fencing. Right. Exactly. With the mesh.
Yes. And the and the landscaping. Yes. And landscaping. Folks, at this time I was going to open it up to the public. See if there's any members of the public wishing to address the planning board on this application. Statement address for record, please.
Hey, good evening. I'm Austin Bar, 553 Keller Avenue, Maple Shade. Um, so I just want to ensure what you guys were just talking about that's going to include the 10 foot pad out front even though we're pushing dumpster back. Not not we're not you're going to put concrete in front of it to support the
weight of the truck. That's what we're talking about. Not at this time. No. And then what was the other question I had was what was the time frame you're putting on this? I know he asked for six to eight months, but as we've heard a couple times it's already been a year. So what kind of like 90 days? Like what are we looking at as far as the timet goes? Before he gets it before he can get a
CO, I guess, right? Well, he if if they grant if they grant some type of relief, he still needs to follow the commercial CO process. So needs to be done before you approve. I cannot move forward until he has a resolution or some type of relief with the commercial CO inspection process.
Okay. So, there's no relief. He's got to do this once we But he's asking for an extension. Like, what kind of extension? Well, we gave him relief. We're not giving him extension. Not extension. You're just giving him relief. So, it's got to be done forth with before the building. Right. Correct. You can take I don't know how much time he has, but Okay. And then
he's not going to That's fully on his property, right? Do you want Do you want to see these? No. No. I'm okay. So, I just wanted to get rid of them, man. I I don't by any means like the the township supply dumpster idea. I think
that's horrible, but I'm okay with it. Yeah. I think that's as simple as easiest solution. It's too simple. Why wasn't it thought of long time ago? Good job, John. Three signs. Anyone else from the public? You know, Steve Schmidt, 520 Sunset. My
only other thought is going with Fred, if we're going to do this as a beautifification of Maple Shade, it shouldn't just be three-sided. You should have to have gates. I mean, if you're sitting in a municipal lot, you're looking at a dumpster. Smith Brothers has one. Acme's going to have it. I'm sure the Chinese restaurant will have to have it. I think you got to
enforce the gate thing. It's, you know, you have a car show there, you have anything going on, and that what do you call You're looking at dumpsters. It's kind of, we're here. We got them. It's not that big of an expense. Let's make them feel right. Thank you. Anyone else?
Joanne Water, 39 Lancancy Road. I'm the realtor for the Antellis. So, I've been through the whole process with them. I think at this point, we just have to use common sense. As far as the grass area is concerned,
all right, there's an easement there. There's a big question about wires underground. Uh I believe at the uh site plan advisory. Uh Mr. Simon had asked the engineer to
look into that. I'm not sure if he looked into where the wires are or anything else, but it seems to be still a big question as far as pushing the dumpsters on the grass area toward the buildings.
In my opinion, it's a fire hazard. Safety is always my priority. And it's a fire hazard. There there would be a grease trap there. And you know, God forbid if the trash caught fire in the dumpster right against a
building. Not common sense. So common sense has to prevail. So, I believe it should stay on the paved area where he is. Now, I just heard that uh the Smith Brothers has a
gate on theirs. There's no gate on their dumpster. Yes, there is. I drove past it. Smith Brothers has There was just wood around. Smith Brothers has a gate and it's locked. Yeah. So, does Tan anymore?
I go past there all the time. Uh the gate. I know that tech has a gate. And you said the AC working on the gate, correct? Are you familiar with Smith brothers? Do they have one? Um that is across the way.
A drug store. Drug store. Yes. They have a gate as well. They do have a gate. I believe they have a gate. Yes. It's only made what? So I'm telling Did you check that site out? They I was trying to look down. I don't know if there's a gate on there.
I don't I don't know how to do bills that's three-sided. I mean, let's end this. Common sense has to prevail. And in the meantime, the township can look into something that
they want to do possibly, but we need to get these stores open. We have a Mexican restaurant that's waiting to open. We have another tenant who's waiting for the larger space. Oh my god. We need foot traffic on Main
Street. We need it. You can't Thank you. Thank you, J. That's That's your focus. Is there anyone else from the public? Seeing none, is there a motion to close the public portion? That motion. Is there a second? Second. All those in favor? I.
Okay. Back to the board. Any more comments? How do folks want to proceed? I'd like to make a motion that he puts the three-sided enclosure there, sets that back a little bit. Fredle broke up the details on that. Um,
Fred, what putting a gate in front of that, what is what's the expense on that? I mean, I don't want to I don't think it's a big expense, is it? I don't think it's a big expense. I think it's where the gate swings to and
if the utility pulls in the way. So, I think Okay. I think what I'm I'm saying is that it would have to go back further to allow first of all, you don't want it to swing into the over the curve line, right? So, if it's a four or five foot wide gate, you don't want that swinging.
But I the other dumpsters in that parking lot do swing over the curb line. Smith Brothers swings over the code line. Takenelli swings over the curb line because and the reason, sir, is they're against the building. Okay.
They can't go any further back. They're against the building. I have one question though. Um that pole, that dot rep, that little circle represents the uh a utility pole. The utility pole. How are they going to empty the grease dumpster?
I don't know how they do it now. It's Well, they do it now because there's not an enclosure. Well, I think they suck they suck the grease out. I don't think that gets lifted up. I think I think there's no pull pulling a hose from the the truck. Oh, okay. Okay. So, he could get back in there. He doesn't have to pull that thing out.
That's why everything's nested together. Okay. Right there for easy accessibility to work and safely get the trash from the building to the dumpster, too. What what I have here Yeah. is
when these when these fences swing out into the parking lot too. There's there's no way to go. I mean, I'm not going to push this all the way back. Like I said, we got a mural coming in here and all that. So, this is all that way. The I the idea is that the same
thing here. If I was to put just a like a 10 foot gate, it's got to it's got to swing out this way. I mean, the the pickup is first thing in the morning when nobody's around, right? I mean, to me, just to have this here
with the I guess a piece coming in cuz I am right on the parking lot. I mean on the property line and then you know the h this would remain open you know or or do am I am I going to have you know inside corner outside corner
tournament Chinese restaurant you know the whole idea for right now is one side here one side here the Chinese guy he's got to figure out whether I'm going to continue on you know we're going to have a break to get the people in and out or
something but he still has his own uh cooking used cooking oil too. That's that's back to back with ours. And then he has his dumpster. So this this to have just me working in a solution
without having some idea that works together with my neighbor is kind of shortsighted is narrow-minded. I'm not I'm not uh you know we got we got to you know we we have a a design and development right
now but the the partner in with the adjoining property to get something clean smart looking that that's did you say you address yeah they're working on a resolution now it's partly the same area so could we do is it that area is there
anything in between where we could just do one big they could work together we could do Do you know what I mean? And then have the gate on it and then we'll be or or just leave it open because of the whole thing is he's got we have national night out. We have events back there.
We still have so the accessibility just I mean that's your motion that you made. I see what you guys are saying but that that kind of the curve line. So John, did you hear that? Because we're already working with the Chinese
store next to it. So, if we could do maybe something together, we could have one big enclosure with the gate. Well, I that's what I just asked Nick. I can we grant him a six-month waiver till he comes back with um the Chinese restaurant people next door and they can
do one enclosure. But if if we can't grant that waiver, I would make the motion to we give him a three-side enclosure. Well, what did Nick say? I said that the time you could give him a time to build the enclosure if you're
granting a waiver. Right now he has to build the four a four side enclosure compliant. No, right now he has to buy one with four sides compliant with the ordinance. He's asking to go back on that to go three sides or John's making a motion to go back three sides. Um I I
don't see legally or for this application why we would need to um have a third party or another property owner join in on this. We could a decision can be made on this sub this property in and of itself. Um if he's put if this is
just me spitballing here, but if you're putting up a fence, a fence can easily be removed. Um I don't know what the enclosure is. Uh but um I don't see a need to wait for another party which could cause further delay. Okay.
So are you suggesting we give him the waiver to just do three sides against the ordinance as it stands? I'm not suggesting either. John's made a motion to for to grant the waiver but for the enclosure to be three sides
instead of the required four. And what precedent would that set for any further businesses coming? And that's my concern that you set a precedent. You're violating the ordinance. It was just amended 2017. There's a reason why they amended that ordinance. I I wouldn't say it sets a precedent where the next one has to get the the
same requirement. Each properties each applicant is taken as as an individual applicant. I mean relief is sought all the sought and granted all the time. I'm sorry uh mayor, but your question was uh about the time frame. If granting the waiver is presented by John, it could be then said that it would have
had to be done within a certain amount of time. Um, but I'm not aware that we can just say yes, you get more time. We could carry the application, but that doesn't help him with opening the stores. So, my concern is I want to get the stores
open as soon as possible. You understand your your idea better than anybody, I think. So, I'm waiting on you if you're going to make a motion. I make a motion that I don't know if you did or not, but yes, that Mr. Antelli be granted a waiver to have a three-sided enclosure
to go back on the angle. Um, do we need the plans or something drawn? We'll need we need drawings. Um, to give Fred some drawings, you come back on that angle towards where the grease trap is and come out to the curb with or without a gate. With or without a gate?
Without a gate. And it would be set back appropriately. So that gatebility. Yes. Without a gate. And at the at the present the applicants can serve as the gates going to come out into the thing. It's just a
anybody else can add on to Yes. I just have a question. I know I came in late. I apologize. My board meeting ran late. But if we do if you do it if the main concern can I I mean we we have a motion on the floor. Don't we have to see if we have to the second? I'll second the motion. Yes, it does
come out of nowhere. Oh my god. So, we have a we have a motion. We have a second. Also, just to clarify, Miss P, because you were late, you can't vote because you didn't hear the whole application. Yeah. You just want to comment? I'm still participating. Okay. So, there's a motion. There's a second. Any comments on the motion? Gina,
I just had a question like if you're doing um as far as the gate, if the concern was the gate, swing it open. Well, he said that the trash is emptied early in the morning before anybody gets there. So, I was trying to figure out what the concern was. Why you can't have a gate? That That's all I was just
trying to understand because I I did come in late. I read everything, but I just I was just trying to understand why if the concern was the gate swinging open, if the trash is empty before anybody gets there, what is the concern with the gate? And then everybody else has the same. That's a question for Mr. Antelli. I mean, I I think his concern is the poll.
Okay. Well, that's a setback. more set back. Fred, if it's set back more, does that then interfere with picking it up though is my question? No, I mean the truck could go all the way up to the building in the if they wanted to, right? I mean, from that spot though, because
the utility poles there. So, how far can it go back? I don't again, we don't have the details. We're talking I I hate to do tabletop design. We would need to see how wide that area is. I assume it's wide enough because if you look at the length of a car stall, I don't know what that is. Yeah. Well, right here there's a curb
and the curb's been there and this thing's been ongoing for over a year. You never been on the job site since and you're and you're coming down on me now at this point in front of everybody that All right. All right. All right. That that's not where we are. Nobody's coming down on you. We're having a discussion. You're telling me you want to push this back
back back again. You're always more problematic than you are solution. He's just answering the question. I don't think the engineer is saying to push it back to the building. Yeah, you're talking about the swing of the gate uh blocking. If you push it
back past the pole, the pole wouldn't be an issue. Okay. Thank you. So, but it would potentially lose one parking stall. So, again, there are no dimensions provided. So, I'm trying to answer your questions as they're coming up the season. Thank you.
This scale is 1 in equals 10 is engineer scale. It's all it's not drawn halfaphazardly and there is room where this plan was for a walkway for that was 5 foot but that was next and all these months have been wasted.
Fred it's one gate uh on enclosure is typically two because a 10ft gate would never support we just need one parking space correct most likely. I mean, exactly. It's like that two gate.
Yeah. Swinging. Jim, can I ask a question real quick? Yes. Okay. Is it, and I'm basically asking you, Nick, is there an option, and I know that there's a motion in the second, is there an option for Mr. Antelli to have
a complete waiver and present it back to me as a commercial CO inspection as part of this condition to do this dumpster part of that inspection? Uh no because the original resolution requires okay the full enclosure like the ordinance. So it's he's coming back to amend that
to get something different. Okay. And the full enclosure just has because future businesses it's foursided. Soided I was assuming it would have a gate or else future businesses that are permitted are going to be commercially seeded inspections and if they have a dumpster
enclosure it's going to be required as part of that inspection process. So, they're not going to all come in front of this board for that. I think this was part of the site. I I wasn't here when this original application came. I think this was um for the whole site plan. Okay.
This wasn't the only issue that was thinking before your vote. If they're going to comply with the law, they don't come here, right? Correct. But if they want to waver, they would. That's correct. That's what he's doing here. Yes. Mr. Anthony, come on. Wait.
Yeah. Public comment is closed. Thank you. Though, Mr. Antonelli, would you be opposed to putting a two-sided gate on the front of that? As it stands right here, as it's as it stands, I have three foot walkway here
and I have a 6 foot wide dumpster. So, that's that's 9 foot out out to the edge of the Would you be opposed to doing this three sides down here, putting a gate here and a gate here? This swings out just the fencing. Oh,
that that's what I say. If we if we have if if John, if I if I put, you know, we come out with that third, you know, here's the second side, come down and then and then basically have some kind of screen here, but they they you have
to have some kind of access in the the telephone pole. I was saying enclose the pole. Well, I would I would say be behind the bowl and then let the the uh gate for the dumpster to hide the dumpster to be on
the outside. John, that enclosure, if I could offer this, if I could offer this, the enclosure could be pushed back to the parking stall and then the fence could kind of fall back here to the edge of the stripe of the parking stall. So, to get away from the pole, how many feet is that?
I can't I can't go. There's no problem with the pole being where where it's at. I have three foot spots wide to, you know, the to four foot away from the pole and it's set back enough that the operator has easy access. He still gets a tire bump on on this tire and
he's able to reach and lay it down. Mr. Anteneelli, the question of leaving it where it is, the way it was described, there's a sight distance issue and there's a potential gate issue. So, the idea to resolve that was to push the three-sided structure further back into
your lot, which would then allow a dumpster to move and pick up the trash. If it's three-sided, if there's a gate that we've heard about, the gate should not swing out into the common area, which is owned by the
municipality. So, you would have to push it back whatever the length of the gate is. So, if the gates four feet, five feet, uh, six, I don't know how wide you're going to make this. I Yeah, I Well, we have a motion in a second for
the three side um waiver with requirements for you working with the township of engineer and providing drawings. Uh, so I think we should stick to that course. Yeah, that's with or without a gate. It was three sided. Without a gate.
Three sides. Okay. Is there any other comments on that motion? Okay. Susan, can we have a roll call, please? Mr. Bertelli or I'm sorry, Miss Bruce.
Vote your heart. No. Where's your head? No. Miss Rathcat, no. Mayor Telerico, no. Miss Wallace, yes.
Deputy Mayor Zeradnik, yes. Deputy Chair Manello, yes. and chairman Fletcher. No, two four. So, it is a 44 vote.
Does not pass. Does not pass. I'll make the same motion with a gate. Second. C. Can we hold on one second? Sure. That would be what he already has
to do is to do the four foursided and the resolution um 24 PB07 already exist um already exists and requires that at section 3 A the AC shall install a 6
foot high trash enclosure and van accessible handicap parking space at the inner right corner as appropriate. it would go to the location. Uh Nick, this was identified on the lawn area and the original approval for that's fine.
IOX. So I guess the resolution or the motion even the other motion should say with the new location. Okay, we can do it at Yes. Sorry, I didn't mean to interrupt. You can go back to with appropriate setbacks according to engineers approval for the gate.
Setbacks might be a bad word. Pushing it back. No, setbacks. Oh, okay. Setbacks and the landscape. Okay. And the landscaping we mentioned, right? That's the motion, right? The landscaping, the gate. Is this going on the grass now? No, in the spot. That's where it is. Second. You
I did. You did? Okay. So, we have a motion and a second. Is there any comments on the motion? I just want to make one comment that if uh if this passes that Mr. Grantelli works closely with our engineer and with our community development director to
make sure it's far enough back where we can put the three-sided fence. There's a dual gate that opens up. And again, Fred, I'm just looking for just for me that it's far enough back that he can open the gate. I don't want to go too far back because parking's very limited
back there and he has a lot of spots. Right. If he agrees to the landscaping, again, working with you, that was my landscaping has shown is is fairly decent. matter what the spacing is, but Okay. Well, there's there's been several plans and this is the only other one I saw with landscape. The other ones don't have any landscape. So,
right. Okay. So, there's a motion. May I make a Yes. Just that Mr. Antel, you're second generation. How long you've been in this town? Like 50 years, I think you said. All my life. All your life. And uh I know your father's had businesses here a long time. You're an integral part of the
main street. So, hopefully we came to something that's agreeable to everybody. But thanks. Okay. There was a motion in a second. I'd like to give a comment. I appreciate you coming and explaining over and over again. Um, and explain my explanation as to why I hope down the line our council
and our township can get together to mimic other towns. I am not a fan of a row of dumpsters and enclosures in our back parking lot. I think that's an eyesore just as well as an unenclosed dumpster. Um, I agree the merchant bill,
the Hadenfield, that's the way we have to move and pass the cost on. So I apologize you know for the lengthiness of this meeting but that's you know I really feel that's where we need to move forward that this is a temporary fix in my understanding. Okay. Any other comments on the motion?
Okay. Susan could we have a roll call please? Mr. Gertelli. Uh yes. Miss Bruce. Yes. Miss Rathgab. Yes.
Mayor Telerico, yes. Miss Wallace, yes. Deputy Mayor Zeradnik, yes. Deputy Chair Manchello, yes.
And Chairman Fletcher, yes. Thank you. Motion carries. Okay. Thank you, Mr. Manella. Okay. Yeah. Can our stores open now? They have you have to come see me tomorrow or Tuesday
and we'll file the application and get you in the process of inspection now. Thank you. Good luck. Thank you very much. Good luck back here. Okay. Is there any other new business? Moving on to old business. Is there any
other old business? Resolutions. Resolution 2025-PB-08, resolution granting site plan approval with certain design waiverss and change of use to Friendly Greens LLC, block 189, lot 4.02.
Okay. Is there a motion to approve the resolution? I'll make that motion, but I have a comment, Mr. Chairman. Okay. Um second let's uh get a second
comment second. Um in the the way it is written it did when I made the original motion I did not in any way shape or form say
that that fourth drive lane had to be taken down. My understanding is in my motion was is that fourth drive lane would stay permanently closed. Not not the applicant has no burden on removing that fourth drive lane. That is the way
I made the motion. Um I understand reading it. It may have changed a little bit in the way it is written, but I just want to clarify that with the attorney that that drive that fourth drive lane does not have to be removed.
Ke let me know what page that's on. I do not. 11. 11. Thank you. See both page 10 and 11 address. Yeah. So 11 page C. You're saying where it says compliance with township fire official regarding
the width of the bypass lane, including removal of the fourth drive-through lane if the fire official deemed the same necessary. The the rem the fire official and that was something added by the public. That was not added by me. Um and the removal of that drive lane was never added by
me. Uh Mr. Manello made a comment and I agreed with him that that lane would be permanently closed. That's the way I made my motion. And that had to deal with the queueing that we spoke about. I'm sorry. We spoke about the queueing of that lane would have blocked it completely. That's why you made that motion.
Correct. And we didn't want anybody to bang into them coming around a turn. That's why I made the motion that that lane would be permanently closed. Uh I will say that is accounted for f the closure of the fourth drive-through lane at all times unless the fourth drive-through lane is removes removed is
otherwise discussed herein. I I never asked for the drive lane to be removed. There was so I I did go back and review watch the entire um hearing. I did speak with and worked with the attorney for
the applicant on that. Um what was discussed is that their original application had the removal of the bypass of the the fourth lane in a wider bypass lane. Uh there was discussion back and forth of whether they would go back to those plans based on further
review or if they would stick with the four drive-through lanes with one of them being permanently closed. So the resolution is just trying to account for for both options us because both were discussed. If you would like, I can we can still go forward with resolution tonight and I can revise it for
signature uh tomorrow if you believe that that's incorrect. Um but I would just need to have everyone on board with that. I would like to move forward with the resolution not removing that fourth lane. If I may. Yes. I think we would need another motion.
But secondly, is this condition in here because of the board's discussion or is this based on the law? Doesn't the fire official have to sign off on these things? The fire official did sign off on it.
He said it's not mandatory, I believe. That's right. Yes. The fire I didn't get there yet. And I'm glad you have info. I don't or the board for that matter. But the fire official, does the fire official have to sign off on
all planes, including this one for fire under the township's code, the fire official reviews to make sure it's compliant with the uniform fire code. And isn't that what these paragraphs address? Yes. It's not someone's discussion here. It
wasn't Chief Simon Sect, it's the law. So, I'm not sure what the objection is, but if we remove that, it still has to comply with the law whether it's in here or not in my opinion. And now that we know that there is a
fire a fire official report, I just want to say for the record that has not been supplied to this board prior to consideration of this application or prior to any vote for approval. I think it should have been. I think it needs to be part of the record. As of
now, it's not even though it appears it exists, at least verbally. Um, secondly, I want I was going to save this, but we seem to be going crazy with this application. This this
is was as simple an application as you can envision. It's not up to the use. The use had nothing to do with this board. It's a site plan. But we have now we have this comment regarding a fire official's approval, which is
law. We had a former mayor come up to council asking if the planning board realized they're going to lose $250,000 a year if these folks walk. Where he got that number, I don't know. That's a $10 million revenue stream. And he also came
up questioning CA uh Councilman Simon Sack about fire truck egress and ingress. So it seems like the most simplest application is getting a lot more attention and tortured responses than it deserves.
Finally, I'll just say I think this is a nice application. They did a professional job. It's a great use. It's in a great location. Just do it right. Okay. It's easy. It's just as simple to do it right as it is to do it wrong. Don't panic. It'll be fine. That's all I
have. But I would like to get the report whether we vote on it. I'm not leaving it for the vote. I do think it needs to be part of the record and we should have had it as we have the tantra news report. Well, I I believe
if I may, there is no formal report. There's no written report. So, how do we There was an email. There is no formal report. There isn't there's an email that was originally drafted from our township engineer to the fire marshal
and then to the fire chief. There has been nothing. First of all, this is you I think you recused yourself, right? This is comments on the motion if I may respectfully. I'm not the report should have been prepared and given to this board before consideration
of the before consideration whether it approved the application or not. If you want to I don't think the township can hide beyond oh we sent an email. It's not a report. An email is a report. That's what's happening with this application and I just don't get it.
We're going to in a little bit revisit the whole cannabis ordinance. Okay. So we have a new council. Hopefully, they're going to do things right above board, transparently, and the same thing will get done. It'll be a simple process. It'll be a legal
process, and everyone at home can witness it. So, so Fred, based on that email, did you not get something what what I did as anything that's a condition of approval, and the fire official is always an outside it's an outside approval just
like Burlington County Planning Board, etc. So, I had emailed Dan. I think Dan Kerr was was on vacation the week of our meeting. I tried calling him the day of our meeting. I said, "What is the status? What is, you know, and I may have
sent my letter to him. I'm not sure." Uh, he sent an email back. I don't have it with me tonight. Uh, on that email, he had copied I think Kyle Susan Andrew Simon Sick Jr. and maybe a couple other
people. and he responded that, and I'm I'm going to make I don't want to take this out of context, that the lane wasn't required because a truck the fire truck could make a multiple K turn on site. A fire truck should make a K turn on
site. Well, I'll just explain the email, sir. You're the messenger. U 5 10 minutes later, Andrew Simon Sick, Jr., our fire chief wrote an email back disagreeing with that position saying that he needs to circulate around the
site um that he brought the equipment out there and that was the response and that's that's the email that is not a letter you're right it's an email I did ask Chief Simon sick I said can you put that
in writing for me he cut and pasted the email and just put it on something with letterhead and sent it to me in word document like it was just a quick cut and paste. So that's that's what we have right now. But didn't the fire official didn't say that it could be treated like a dead end
street as well where they carry the ladders in and go on the one story. I I but all our approvals are based on outside outside things. When we make an approval, we make a motion, we make an approval, it's based on passing the engineers
um criteria, passing the code offic, the code enforcements officials, the fire official, the construction official. All these things we make approvals here tonight are based on secondary basically checking us to make sure we're
okay. So, we made a motion at the and approval at the last meeting to approve Green Leaf Friendly Greens Friendly Greens with the condition that the fire marshall, it wasn't even a condition in the motion, but it goes to the fire
marshal. The fire marshall said it's fine. The fire official, I'm sorry. He again, he didn't say it was fine. He said that the truck could meet, and again, I apologize. NFI code, whatever the fire code meets the fire code because they can do a multiple
an M term. Right. Well, John, you're introducing info here we didn't have. First of all, you brought up the question in in the uh the resolution. Correct. I mean, about moving the fourth lane.
Well, that's my only fire official, but that's up to his decision. Correct. Or the fire chief, whatever. But you're given all this information that we don't have. And I've given Nick something and we can move on tonight. Um, but like I said, this whole
application's been peculiar at the least. Um, I've given Nick some info tonight that we can hopefully move forward, find out what the law is in terms of as we need an engineers report. Okay, we need that
on the record to the extent we're going to rely on a fire official. We need the fire officials report. This board does before they make a decision. That's Nick's going to look into that. Okay.
And like I said, great application. We We don't need to threaten people with losing revenue and all that. I love the application. Professional job. Great location. The ordinance we're going to fix. I have a comment. So why wasn't all that
that he just said required at the last meeting when his attorney was here? Second part, if you read number seven, applicant has agreed to work with the fire official who did approve it in that email to confirm whether the bypass lane is wide enough to accommodate the large
fire apparatus. Applicant further agreed that in the event it is determined by the bypass lane is not wide enough, applicant will revise the minor site plan to remove the fourth drive-through lane and reduce the drive-through overhead canopy to the extent necessary
to sufficiently widen the bypass lane to accommodate large fire trucks or apparatus. What is the issue in passing it tonight if he's agreed to all that? I second a motion. I don't have an issue, but I'm allowed to comment. Yeah, me too. I was confused. I thought
No, you asked questions. You asked two questions. Can you repeat your first one? Yes. If the fire official Why Why were they required to have all those um fire official report that? No, at the first meeting we were at Well, I think that's the law. We don't subject to their approval. Yeah, we don't have to
Okay. demand that. That's mandates. Okay. Your second question was too long, so you can ask me later. But I'm not I'm not objecting to My second question is over. Why aren't we just voting on it then if he's agreed to about comments? I just I'm putting it on
the record is in my motion that I did not ask the applicant to remove that fourth link. I just wanted on record that when I made that motion originally that I was not asking the applicant to remove that fourth link. That's the only part
of my comment was Yeah. and my and I was going to save my comments for after but John started it so I just no that comment was was really to deal with the safety of the site and exiting the site and that's that was appropriate very appropriate.
We say the fire official approved it. I just want to point out he's saying it can circulate. So now my job as the engineer is to throw it back to their engineer and say show me how that works. So they need to show those turning templates and but I I you know
so that's part of my job too not having to still on the it's still in the motion but I second it's all in favor of but I would love to see the law maybe you can do it as a courtesy to me and the board if they want it the law
where a fire truck can move onto a site and be permitted to egress by making multiple K turns that I got to I'm not a fire guy, you know. I was a junior fireman at one time, but I didn't move on to firefighter.
Well, let me ask you this question. Andrew Simon, Jr., did he what was his comments as far as vehicles being able to circulate up there? Can they His his response email, which turned into a letter, um said that they could not circulate.
Okay. So, he's the largest. He's he's the one fighting fires just like when Senior came up and and was talking about that. He's been a fire chief for many many years and member of the fire department for 30 plus years and it was a part of the original site plan to remove that fort drive by. Is
that correct? I'm sorry. Is it is it was it part of the original site plan that to remove that drive by? That's what item seven says. Yes. So I me personally I don't I don't see the issue as far as I'm concerned. If the fire department saying hey we need
to be able to circulate that property all the way around then that's what we should be able to do. And if they're willing, the owner, if they're willing to take that aisle down, and that's 22 and a half foot wide, I believe. If they do that, you'd be able to circulate all the way around that property. I can't see doing K turns up there with a pumper
truck, ladder truck, chief's car, two police cars, EMS, ambulance, boots on the ground, hoses, water, and fighting a fire. But by the way, let's stop everything. We're going to make a couple K turns when you get out. I mean, even that's outrageous. Even U-turns have turning radius. Did he
mention turning radius? But we we don't have the reports. No use discussing. I would like to see it. Um I don't know if I'm permitted. I don't know if there's any confidentiality issue, but if you need an Oprah request, I'll do it. I would like to see the responses from vote. I think the report wasn't provided because the gentleman was on vacation.
No, no, I I understand. But I think it should Nick will let us know. I think it should be provided before we vote because you you know, but whatever. That's that's what I was originally asking. Okay. That's that's got nothing to do with this application there. Unless
someone appeals and they want to make that a part of their appeal amongst other things to their gotcha. And is it the fire official? Okay. Or the fire chief. Fire official. Fire official. That's what's
a former fire chief and a former firefighter. Right. Um I'm not sure if Mr. Kerr still fights fires, but right, he has in the past. Are we concerned about the Starbucks ever catching fire? Because if you can't fight fire at this bank, you're never going to get put out to Starbucks. And
that's a big concern for me. I mean, we have a whole thing, but there's plenty of places in town where the ladder truck cannot make a U-turn or completely circulate. Exactly. There's plenty of places. We have a motion. Second. We have a motion in a second on the floor. Kyle has a comment. Can I make a comment real quick?
Sure. So, in the conditions, uh, letter D, additional additional um, it will be on 11. So it'll be the top number 11 uh page 11. Addition sidewalks. Addition of sidewalks along the property frontage. We're talking about the law.
Um Lou, I hear you talking about, you know, we want to follow. Is this appropriate for colleague commenting during the motion for u approval of the resolution? Um it's board comment. So I would say
Kyle could hold off on the comment until after comments later though about the sidewalk. But if it goes to the resolution itself or any idea of passing it. There's a motion in second. There is a motion in the second. Okay. Is there any other comments on the
motion? Okay. Susan, could we have a roll call, please? Yes. Mr. Bertelli? Yes. Miss Bruce? Yes, Miss Rathgab.
It is as written is the motion. Correct. As I didn't make the motion, but yes. Yes. Second. Mayor Telerico. Yes. Miss Wallace. Yes.
Deputy Mayor Zeratnik. Yes. Deputy Chair Manello. Yes. Chairman Fletcher. Yes. Okay. Motion passes. All right. Moving on to discussions. The
Maple Shade Township Council ordinance number 2025-12, referral to the planning board for determination of consistency with the master plan. Susan, do you want me to do this? If you don't mind. Yes.
Yeah. So uh what we have here is um related to section 205-113 and section 205-114 [Music] uh which includes the removal of one sentence which is former paragraph B
which said an endorsement from the cannabis advisory board must be obtained prior to application to the planning board. That would be removed and the rest of the ordinance would remain the same. So that that's really the the focus of the discussion tonight.
Uh two seconds 21 205 1114 A to B. Is that correct? No, it's 20513 B only. B would be removed and then C would turn into B.
The same apply the same apply to for both of them. So 20513 and 205114 this portion and endorsement from the cannabis advisory board must be obtained prior to acquisition of the planning board would be rem is being proposed to be removed for being inconsistent with
the requirements and then there's no nothing being added just all the paragraphs would move up one letter. So then C would be C. Yeah. So C would become all B would become all what is currently C. Um about
following the separation distances are provided and then the ones through four. So just B is eliminated for correct 113 and 14 entirely eliminated. Am I uh so all of B where it says the following
separation distances you're removing that that's what you're saying? You're removing setbacks. No, removing B. B is the language I read. Here you go. It's uh an endorsement from the cannabis advisory board must be obtained prior to application to the planning board. That's that's the only provision being removed.
Oh, it was already removed. We don't have that. It's one sentence from each. Do you have the whole ordinance there? Yeah, this is it. real quick because I think sorry I thought everyone had that. No two pages. Yeah, it was both ordinances
just the changes. Um 20514 where I circled for would be for both 20513 and 114 that's the this is the new one. No, that's the current one that's being revised and just one sentence be
removed. So two 205 114 ft also says that they would both be removed in their entirety and then nothing would be added to replace them and then this is the new correct and then the one yes the other one is the proposed new ordinance
with that sentence correct now there is in here I'm not going to find it now so it still is a setback. I mean, yes, a provision where the uh cannabis
advisory board that's going away. I guess I'm talking as much to members of council. Um there is a provision here where the council cannabis advisory board can act on a license by their own authority
and to the extent they do that should be subject to the open public meetings act. So, but we're not addressing that I guess in this No, tonight was just this paragraph. Okay, that's fine. B, you know, I don't know what you got there, Nick. You got two two things, but
you can have mine. I don't I don't I can I can print it. This is the new one. This is what it looks like now. Yes. As of today. And then these ones that I circled um are the ones being removed. If you want to take this from me. I I have an extra copy.
No, I can print it. I'm fine. This is just I just want to make sure you know what you are because we're going to have to say if we agree or not. Um, I want to make sure you're have it. I I actually pretty familiar with this. I just I'm a little confused by the same paragraph in two different spots.
205113. Yes. In 20514. 205114. Yeah. One's for cannabis retailers, cultivators, manufacturers. One's for just retailers when authorized as a conditional use within the general commercial or highway commercial district. 113 is retailers.
Correct. Right. 114 is also retailers, but 113 is in a spec when it's only a conditional use within the general commercial or highway commercial district. 114 is when it's a conditional use within the business development district. Um so they're just
they're probably going Yeah. And they're probably very similar uh sections of the ordinance. Um obviously just different dealing with different zones. So all we need is a motion and a second to just approve. Have no issue or have
an issue. Agree. It agrees with the PL master plan. Yes. Okay. Is there a motion to approve? I'll make it. Fred, you think it goes along with the master plan? You're the planner here. Sorry. What?
Oh, this is Oh, yeah. Okay. I'll make a motion that the purpose and intent of our we recommend whatever the wording is whatever our function is that we extend it to council that we the purpose and the goals of the master plan supports the purp the goals and objectives of the master plan. Is there a second?
I'll second. Any comments on the motion? Should we do a roll call? Yes. Okay. Susan, could we have a roll call, please? Mr. Bertelli. Yes. Miss Bruce, yes.
Miss Capay, yes. Miss Rathgab, yes. Mayor Telerico, yes. Miss Wallace, yes.
Deputy Mayor Zeradnik, yes. Deputy Chair Manello, yes. And Chairman Fletcher, yes. Okay, moving on to the minutes. Is there a motion to approve the minutes for July
17th, 2025? Can I make that motion or No, you can't vote, Gina, if you weren't here. I'll make that motion. Second. Okay, so there's a motion and a second to approve the minutes. Any comments on the motion? Okay, all those in favor?
Anyone opposed? Okay. At this time, I'm going to open up to the public. Anyone from the public wishing to address the planning board may do so at this time. Okay. Seeing none, is there a motion to close the public portion? I'll make that. Okay. Is there a second?
Second. All those in favor? Okay. And any other comments before we adjourn? Okay. Motion to adjurnn. Can I Are we allowed to listen to his comment? I'm just curious what his comment was. That's why. Yes. Is there any comments before we adjourn? Yeah.
Okay. Please. All right. So, but going back to what you approved for the cannabis and the resolution uh page 11 section D which references sidewalks um the addition along the property frontage. Happen to go out and take a
look at that. I also looked at the corner property which is the bank. The bank was approved in 2023, two years ago. That bank was not asked to put sidewalks in as per our ordinance. Our ordinance states that
sidewalks are to be constructed with new construction. New construction. Okay. Just want you to take that in consideration. All right. You're selectively enforcing this property to do something that you haven't asked other properties to do. We haven't we haven't done that at all.
Where in the resolution are we directing that? It's letter D. We do. Well, that could that's the law. We I don't think that we actually did. Yeah, it's not technically a condition. If you'll recall, I said that it's actually the ordinance they were asking for initially for a variance uh which
then they withdrew during the testimony. Um so the sidewalk uh based on I believe the some portion of the ordinance and Fred's comments were that uh it was required. So because of that, that's why they're require I know it's under the
conditions portion, but it's they have to do it because the ordinance requires it now for the new construction that it wasn't enforced on. Um I mean I I I think the board should understand that comment though to keep that in mind when new construction comes in the area. Uh
because it sounds like the bank either had a waiver or a variance which I don't I don't know. I don't have the resolution or um it wasn't in force which would be you know not not what I'm sure the board wants to do. If I recall and you may recall this that
if the business opted out of the sidewalks that there was a payment made to the township of Maple Shake. So there was a monetary way out of it that they didn't want to put in the sidewalks. I think that's a council correct but I believe in the meeting the last meeting they requested a waiver.
They have already been approved by the waiver from the county that they didn't have to install. They didn't get it here. They didn't get it here. They cor it was never discussed that it was It was absolutely discussed. I talked about it myself. It was discussed that they agreed to it
and the impact that it's going to have down in that area. We're going to have to have retaining walls installed. There's going to have to be telephone poles moved. This is all great testimony. It It's You're too little too late. Well, I tried to speak, but you weren't I was not allowed to.
You should have spoke at the meeting. Not sure you had standing to, but you want to testify as an expert at a meeting. I think I thought you could be sworn in and testify, I guess. Where was the bike? And did they have sidewalks as well? Any other comments? That's just the only sidewalk down in
that area. PJ's don't have one. The bank don't have one. And if I may say so, that was my exact comment after you did make that comment. What year was the bank built? And were they required to put the sidewalks in? All all finish. All fair. The applicant
agreed to do it. Your comment was fair. I don't know if you comment. It's not about comment. It's about what your ordinance is stating. That's what it's about, right? And they agreed to follow the ordinance and not seek a waiver. But the ordinance says new construction, not new business, new construction. And you didn't enforce your own
ordinance in 2023. Well, we don't know that they or they could have made the payment. But that was my question. Or they could have got a waiver. They could have utilities down because council's the only one that can give that waiver. But I think if we if we say we can't do
something now because we didn't do it 20 years ago, we're never going to move forward. Well, it was two years ago, not 20. Well, whatever. And well, there's a reason for that. There's utilities down there, but I don't want to re redo a whole application. But the same with the
uh dumpsters. Well, you know why we need dumpsters? They haven't been enforced for 50 years because we're moving forward. I brought it up fairly. They agreed to put sidewalks in. If they didn't, the board would have voted the way they would have voted. I would have
voted the way I would have voted. Would I have knocked it down for that? Probably not. But they got approval from their owner to put them in. Why would we object to putting sidewalks in where people walk? Well, there is the New Jersey complete streets program now that like considers
pedestrians, bikes, and it's like specific entire highway designs or designs for streets now. So, it's potential that when they repave that road that they'll like completely upend the design and there there is from living here, there is a lot of pedestrian traffic
down there. And I brought it up at the meeting because of bus routes, uh, people working at the mall, other activity back there where people who work there walk or use public transportation, Main Street, uh, Fort Landing, Route 38. That was the point I
made. Then they agreed. Now you want to upset what they agreed to, which I'm I'm going to say. I mean, business friendly, yes. Protect the public. Yes. and b business friendly to businesses around a business we're
having approvals for. So if we let one business get away with something and the next guy comes in and wants a nice property, he's got to sit next to an eyesore because we never did it before. So I think you got to look at the big picture and I wouldn't get caught up myself and I'm only addressing because
you brought it up. I wouldn't address you otherwise. Well, I wouldn't question the board's judgment after the board spent hours talking with an application.
Okay. I didn't address I didn't question the board's I I questioned the code. The code is is that new construction is required to All right. Well, they agreed to it, but if the code doesn't necessitate it, then
you can back. That's correct. Yes. That's exactly why I'm bringing it up. You can I don't know how you deal with it because it's in the they agreed to do it. So anyway, anything else from the book? Okay. Is there a motion to adjurnn? I'll make that motion. Is there a second? All those in favor?
All right. Thank you folks. Have a good night. Not the idea.