Welcome everyone to the township of Milbour Planning. board meeting in accordance with section five of the open public meetings act chapter 231 public law 1975. Please be advised that notice of this meeting was made by posting on the bolden board at town hall and serving the officially designated
newspapers a list of the meeting dates annually indicating that this meeting would take place at Melbourne Board of Education Education Center building at 7:30 p.m. on October 15, 2025. Have a roll call, please. >> Cory Biller here. Allison Canfield,
>> Michael Cohen, Jorge Master Petro >> here, >> Deborah Neas >> here, >> Frank Sakamandi >> here, >> Michael Zion >> here, >> Jonathan Baxter >> here, >> Sergey Civoto, Serini VJ >> here. >> Chair Gaston Hacker
>> here. >> And again, thank you everybody for coming. We have a full agenda for the evening. We're going to try to get through everything as quickly as possible. So we definitely have time for applications towards the uh latter part of the session. U first up are approval
of minutes from September 3rd. We have a set of regular meeting minutes. Did everybody get a chance to review those? Any comments or questions? I'll make a motion to approve the minutes for se regular meeting minutes for September 3rd, 2025. Do I have a
second? >> Second. >> All in favor? >> I. All opposed? None. So motion passes unanimously. >> Please note abstension s and second set of meeting minutes is the executive session for September 3rd,
2025. Any comments or questions on those would like would like to make comment. I thought the the meeting minutes were great. I think there they've been excellent since the get-go. We appreciate it. I appreciate it. Um, I'll
make a motion to approve the minutes for se the executive session minutes for September 3rd, 2025. Do I have a second bill? >> All in favor? >> All opposed. Motion passes unanimous.
>> Sarah will mark the extension. >> Okay. Next up, we have a memorialization of resolution for application 25001, the major subdivision approval for lot two lot subdivision, Woodmont properties
and Kennedy at Milbourne LLC at 185 JFK Parkway, block 5302, lot 5. They already have a chance to go over memorialization. Any questions or comments? Just for the record, Mr. chairman of all our board
professionals and the applicants council and professionals went through it as well and their comments were incorporated. >> So hopefully it's an accurate memorialization of the board's decision. >> I guess would anybody like to make a
motion to adopt the memorialization? >> I make the motion. Second. >> All right, sir. We the motion and second. Both members were voted in the affirmative that evening. Thank you. >> Roll callers. A roll call for the
resolution. >> Cory Biller. >> Yes. >> Michael Cohen. >> Or Master Pedro. >> Yes. >> Deborah Neas. >> Yes. >> Frank Sakamandi. >> Yes. >> Michael Zion. >> Yes. >> Jonathan Baxter.
>> Yes. Gaston Harder. >> Yes. >> Okay. Next on our agenda is a an executive session and I do appreciate everybody's patience in this matter. Um it is dealing with the High Center for
Living Judaism litigation. Um we're going to try to make it as brief as possible, be right back out. Um again, please uh thank you for your patience and and Mr. Chairman, with your permission, I'll abbreviate the resolution. that's uh a record for this
executive session uh under the open public meetings act. It's section 12B7 for pending litigation. Uh with respect to the matter stated by the chair, the high center for living Judaism, it's anticipated deliberations conducted in close session may be disclosed to the
public upon determination of the board that the public interest will no longer be served by such confidentiality and the resolution shall take effect immediately. We do need, as with all resolutions, Mr. Chairman a motion second and roll vote.
>> I move second. >> All right. Roll call, please. Roll vote, please. >> Cory Biller, >> yes. >> Jorge Master Pedro, >> yes. >> Device, >> yes. >> Frank Sakamadi, >> yes. >> Michael Zion, >> yes. >> Jonathan Baxter,
>> yes. >> Serjisto, oh, sorry. BJ, >> yes. >> And Cher, >> yes. Motion passes. >> Okay, we'll be in the room very briefly and we'll be back soon. Thank you. >> Any estimate like 5 10 to 20 minutes an
hour. That's >> Yes. >> Yes. >> Well done. question about that question. I'm really here watch some other things
went on for like almost 18 months where he constantly changed the application at the hearings. I said, "Don't you have to start a new bag?" Then the approval resolution, they don't have my appearance of one hearings
at the hearing, first hearing, I said, I go have some problems with the coverage ratios. Like if you add in like the turnaround that you have to do for the fire department, are you over coverage? Yeah. >> Went on for about eight months.
But 1:30 at night's ring for professional Yeah, It's not >> right. question is which do you like better and if you're not great it's not the other the other one is like unless
you're a long hitter you go >> and you see the Greens are interesting. Florida, >> right? Like you're sitting here. The hole's here.
>> You put here. Trust me, it's got to come back. >> Like something we have always had a winger miles beauty. >> I don't play golf. >> You have to do sometimes going up golf
visiting the architecture that especially when here we have the old horses. You go to Essex County, you know, Walter Street. The way they were designed Mars County, you know, you go like in the Midwest, it's all flat, you know, and you know, like a plane field
that you're hitting up like you did a hole like, you know, there's an architectural beauty of of the courses to travel, >> you know, because sometimes when you had like the young like summer intern pros and they say, "We're coming. Where you
going?" I'll come you have to go I get on the courses just to see architecture 20 years as trees they got to a point they used to cut a lot of trees and they said well it wasn't raining because I can't tell you how many trees
have been removed from various courses I hear the term micro climate one more 80 years later they don't look the same and I think you saw a lot of green here box area comes back do a lot
of that not a things history they didn't have driving the course before 1920 had a little you know it's like this history then we need to get into ethnicity and
exclusions >> and I I know catty >> you know because I grew up in you know that you know but you know You should. But if I had known like when
I was in high school that your home course was you tell I mean kids come grow up in this area say go play on the golf team. You don't understand what courses you will be playing various tournaments. They started a junior league
to reach field. So these kids, you know, high school, even junior high and high school kids, they're playing representing they're playing all the on they're all on their high school
team. It's just great to see that the game is retaining. was my business used to be in the urban area. So we were very involved in first >> and I remember like and like the best
corners we like was the one we would ride with a high school junior high kid and just saying this is what you're doing then one of the kids the first team for
>> that's great when they come back >> just the idea you know etiquette Yeah, >> don't throw your clothes when you get to business to be on a course
before a junior goes out in the spring where there's some class work and then walk through a couple holes. >> Well, I mean a lot of things they should do with adults, fixing ball marks on the greens, raking bunkers, you know, things like that. I
mean one good thing is that they now it's not mandatory. So the source sped up >> there was a girl who was on national >> and then there's a girl in high school I think she won like last year she like
state very I mean she was freshman Yeah. So, we're home. family six times a year. Why did you stop?
That's how far we go. eating clothes. My father just said whatever you need. You just have to go through. >> Yeah, I just don't want to skip too much. Some of it was mentioned in those reports.
>> I know it's a pain to go through each thing, but I know three daughters >> which office which branch you're local and isn't riner invest How old is
>> Oh, she fantastic. I will for sure had some fun in summit. >> I got to be there for Hillary for Oh, right, right, right.
Yeah. Interestingly enough though, there was um an attorney who spoke in opposition, Gil Orin. >> I don't know if you remember him and his wife. >> Um he actually just passed away. >> I think his wife was the one that was
talking about the light in the middle of actually. >> Yeah. >> She was like across the street. >> Yeah. had I known what a you learned. Right. Yeah.
I don't know why they don't start these meetings. >> Some people that's crazy. >> That is crazy. Oh yeah, >> I wish they were during the day. That would just be so amazing.
>> During the day where we had a couple meetings, >> that would be so great. Like when I get home, I cannot go to sleep no matter how wet. I still can't like >> takes you about an hour. >> Yeah, exactly. to kind of relax.
>> If you go like and test it takes about an hour just to >> chill out. >> Yeah, if it did go on writing like crazy note like how did this what is happening there?
>> Um just once a month it's not that bad actually. Like I like to go home and have to be >> Oh yeah. >> Right. Exactly. Right. Exactly. >> Like Bart was the opposite. Bart would always be like, "Let's go out to like a
restaurant for dinner before the meeting." >> Absolutely not. >> Yeah. We We went out there clubhouse. went out to dinner a couple times. >> The Italian place, right? >> It was the Barco Polo, which is no longer there.
>> Go there. >> Milo Street from the parking deck. similar sound. Not too close. >> She's always about pain. I saw a picture. It's good. He's on vacation. I don't
know where he is. >> He's on another vacation right now. >> So, he's definitely enjoying himself, >> which is good. >> He was in working yesterday. He's usually in two days a week. >> I was saying he likes to get away from
his wife. >> He can't be home seven days. No, I I guess not. >> Have something. >> Yeah. >> And who knows? It could be her. >> I think that sounds about right. Yeah, knowing her.
>> But it's keeps your mind Hopefully it's more >> good. How you doing? >> We're talking about our ventures in the high center that way. >> I have no comments. >> It's different to be on this side.
>> Now you're here on this side. That was an educational provider. >> D. >> We did. So that was it's it's a favorable response but we'll see you know how can you process it. So with the engineer >> yeah they're working on the plans but
they actually told us what they're doing Right. >> Sadly. Yeah, >> you don't want to over over there. >> Okay. Yes, because we've had we've had cars
come through both sides >> like I come up and I don't really care whatever they want to do because when I first started I didn't know better
right at me like nope sorry >> take it easy My parents lived on a turn that was kind of like that. You come down hill and then on the right hand side and I learned I had to put my blinker on like
half a mile away otherwise like right on top >> and we must have had 20 25 of their house over the years. >> And the crazy thing with two lanes most of the time
they very rarely is there that much traffic where they you know they have to stay behind and and again just you know kind of the turn most of them are going to the
way back I hate anymore. >> And I'm dreading my daughter getting her license. That's like >> not something I'm looking forward to. >> Um well, she'll get her permit next
year, but even still stressful. >> Does she want her license? >> She doesn't actually. >> She doesn't want the stress. She doesn't want >> to worry about it. My daughter lives in she's lived in DC
for many years but she maintains her driver's license but >> I mean in this day and age I mean kids were everywhere >> they don't really which is actually great >> drinking things that they're not supposed to be
doing and living in You see? >> Yeah. >> Very easy. >> We were down there two years ago. We We went all over the city. >> Love it.
>> It's really great. I find they literally change this agenda like I think that's why they didn't want to post this one resolutions take five minutes. They have
nothing. >> Yeah. Yeah. >> Oh my god. Yeah. >> I never object like it. Absolutely not. somebody.
>> I knew that they were looking. left the business. Okay. I was sad to see Russia Very good. >> Right. All right. So I get the money I think
it's Right. >> Right. Right. Exactly. Yeah. And manager We'll say again I hope that for >> happy. So carriage house and the house, >> but it's tough because they're not going
to have it for the whole winter, >> which is going to be very challenging. >> They don't like the hockey members. >> It's not allowed. >> Those are people I know. My husband and all of my kids are decking.
>> Okay. >> They like to keep them down. >> Well, it's going to be there changing rooms. It was delayed for like >> this speak and that's country's
elbow. >> Yeah. But the one in golf >> they're one of the only places that have an outdoor >> knows club. >> Oh, that's right.
And I think in >> I know my brother-in-law so can hear but we are not They have their own I remember when we went there for you all the way years. He left shortly after
there's new That's my company. >> Oh yeah. Well, they've grown a lot. I mean, >> sometimes it's loose, but a little loose. Yeah. >> Nothing's like there is no one like him. There's a matter
of research or something. We used to go to my husband and I lived in bed. >> Yeah, pretty good, right? Sorry. Sorry. Sir, can I get a Roll please. >> Cory Biller
>> still here. >> Cory Master Petro >> here. >> Neva. >> Yes. >> Frank Sakamandi >> here. >> Michael Zion >> here. >> Jonathan Baxter >> here. >> Sereni BJ
>> here. >> Jared Gustin >> here. >> I'd like to make a motion to reopen the open session. Do I have a second? >> Second. >> All in favor? >> All in favor?
>> All opposed. Motion passes unanimously. >> Uh, all right. On to our applications for the evening. Thank you again for your patience. Uh, very productive meeting for you and we did hopefully get through it as quickly as possible, met your expectations. Uh we have up next
the application 250002 Canoe Brook Country Club 11:08 Morris Turnpike block 5304 lot one preliminary and final site plan with C variance. I see we have representation. >> Yes. >> Thank you.
>> Actually if I may Mr. Chairman before council starts I just wanted to reflect on the record uh that the uh notice was sufficient as previously stated at a prior meeting. uh the notice the content and timeliness was sufficient for the September 3rd meeting at which we carry
this madam without further notice to this evening. Uh so the board continues to have jurisdiction here and decide the application and get back to you Mr. Chair. >> Thank you so much. Good evening. My name is Hillary Ols from Dempsey Dempsey and
Shen on behalf of the applicant new. >> Is it on? >> Is the light on? Maybe just tap the button. Right on the mic. >> See a light now. Yeah, there we go. >> All right. Sorry about that. Um, good evening. My name is Hillilary from
Dempsey Dempsey Michigan on behalf of the applicant Canra Country Club. The club is located at 1108 Mars Turnpike, block 5304, lot one in the conservation recreation zone. The site is the location of a majority. This site is the
location of a majority of the club um and its amenities and improvements including the main clubhouse, pool house and pool, north, practice range building, racket sports, tennis building, parking area, and other associated improvements. The club
continues to the other side of Route 24 in Summit block 901 M1 where the South Force is located. The improvements proposed as part of the application before you tonight are located entirely in Milber Township in the area adjacent
to the club's entrance off of Mars Turnpike and fronting the right of way on Mars. The club has upgraded and modernized the main clubhouse pool house and recently constructed a practice range building as part of the club's overall master plan.
This application is the next phase of the club's master plan and proposes the resurfacing and minor expansion of the tennis courts and reconstruction of the tennis building. This minor expansion to the tennis courts is necessitated by the
addition of two 6x8 shade structures located within the tennis court area. Uh the proposed tennis building will replace the existing outdated tennis building with a modern and more functional tennis building in almost the exact same location as the existing
building and will also include underground golf cart storage. The relocated golf cart storage will be in closer proximity to the bag drop off and pickup area and the golf uh cart staging length. The improvements proposed
require preliminary and final major site plan approval C variance relief for um a setback from the property line of 84.1 ft to one of the new 6 by8 uh foot shade structures and 14.3 feet to the expanded
tennis court. where 33.8 ft is existing and 100 ft is required. Um they also um require C variance relief for the height of certain portions of the retaining wall
>> which range from 1 foot to 11 ft um and for the 10 foot high chain fence around the tennis court expansion where six feet is permitted. Um, they're also asking for waiverss from certain checklist requirements which the engineer will discuss test. Albert
Constantini, a representative for the applicant, is here tonight to provide testimony together with William Jax, the architect, Kyle Smith, the civil engineer, and John Barry, the planner. I'm happy to answer any questions or I can call the first witness.
>> Okay. Uh, could we have them all stand quick? raise your right hand to be sworn and I'll swear in our board of professionals. We have Mr. Keller, our engineer, and we have Mr. Pedto somewhere back there, our planner. There he is. So, if you'll all raise your right hand to all of you swear to God or
affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth. >> Thank you all. And now we can proceed some question. >> Okay. Um, so I'd like to call the first witness, Albert Constantini.
You just spell your name for me. >> C O S T A N T I N I. >> Thank you. >> Okay. Um, what is your occupation and by whom are you employed? >> I'm the uh general manager, chief operating officer of Canroal Country Club.
>> And what qualifications do you bring to this job? uh in no a little bit over 31 years managing private clubs oversight of approximately $50 million in capital projects uh since I joined K newbrook and have served on multiple
industry related boards uh throughout >> in your capacity as the chief operating officer and general manager are you authorized to speak on behalf of the app >> yes I am >> and can you just briefly describe Kubber Country Club
>> Country club was founded in 1901 uh as a family uh oriented country club full service. Um as Hillary mentioned earlier, we have multiple sporting aspects to the club, golf, racket sports, swimming, uh performance center,
wellness center, uh along with various food and beverage venues. >> And has Kubrook been the subject of any prior approvals? >> Uh yes. in your packets that you received. Uh you've um been informed of previous projects that they do include,
you for mentioned clubhouse renovation, a golf operations building and pool uh pool and fitness center building as well as the recently completed uh range teaching center. >> Okay. and using um the aerial
enlargement exhibit which I would ask you mark A1. Can you tell the board the objectives of these proposed improvements and why are they why they are a priority for the >> Certainly. Well, can everybody see that?
Everybody seen that. >> Yes. So, uh, regarding the tennis building itself, it's the, um, last structure on this side of our property that >> So, when when you say this, if you could speak directionally.
>> Um, so on the, uh, north side of our property in the Burn Township. Uh it is the uh last building that would need to be uh reconstructed to fit the architectural and design uh flow of of all the other buildings on the north
side of the property. Uh we are uh again as pre previously mentioned we're redoing four tennis courts are true tennis courts uh that are well past their useful life. Uh and then the addition of the uh underground uh carts
uh cart storage area is it serves two purposes. One uh operational it puts the carts more in line with where they're needed on a daily basis. And there's also a safety aspect to it. Uh if you would look on your on the maps they have
in front of you. Currently, um, currently the the carts are stored in a building at the very far north side of the parking lot area and they have to on a daily basis drive back and forth in
front of our pool entrance, our ballroom entrance, the main entrance of the clubhouse, uh, and the tennis area to get to where they're needed, uh, which is by the backdrop area at the entrance. uh by having them stored underneath the
new tennis building, they are where again operationally um fits best and eliminates a lot of safety issues of the carts traveling back and forth in hight traffic areas. Um and then can you also I don't know if
you mentioned the um shade structures >> uh the two shade structures that uh are requiring one of the variances we're requesting are designed uh to offer as as they say shade from sun uh any other inclement weather. They're approximately
6 by 8 ft. Uh they're located in between two courts so that people playing matches can get out of the sun, get out of any bad weather, uh rest, and they will also have water coolers under there as well. >> Um and would you say that the tennis
facilities and golf cart storage are customarily associated and accessory to the overall uh country club use? >> Yes, they are. >> And can you explain the operations of the proposed tennis building? Uh the tennis building uh will be used uh
tennis season runs roughly from the start of April through October. Um obviously outdoor only so they're weather dependent and they're adjacent to our uh recently added pickle ball courts. Uh they the tennis courts currently do not have uh lights on them.
The pickle ball courts once they were redone do have lights and we are planning on adding lights to the tennis project. Uh that will allow us to have daytime and evening tennis functions events and as they do with the pickle
ball courts. Um if they're in use the lights are turned off at 10 o'clock. If the courts are not in use the lights aren't turned on. >> Um and can you explain refues and recycling? Refu and recycling will remain as existing. Uh it is an existing
operation. So we will continue with our with our normal uh refu and recycling program. >> Um and as far as circulation um is the only change that the golf carts will come from storage area below the building as opposed to um from across
the campus. >> Correct. Um, and did the applicant direct the architect to design the proposed tennis building to be consistent and compatible with the architecture of the other buildings on site? >> We did. It's a plan that we've followed since uh the since the original
clubhouse project back in 2013. >> And will the proposed improvements have any impact on current membership? >> No, we are um we are at capacity membership. Our bylaws dictate uh the the number of members we are allowed to have. uh this project is really being
done to uh enhance what's existing for the membership and is not um not actually able to increase the size of the membership >> and what impact if any will the proposed improvements have on trip generation or off street parking
>> uh again without uh an increase in in membership levels uh staffing also remaining the same for uh for both the park uh cart usage and the tennis program. There is no anticipated addition.
>> And has the club uh received any neighborhood or neighbor complaints regarding activity in the area of the proposed improvements um in the recent past that you're aware of? >> We have not. Um, as I said, the pickle ball courts uh that are lighted have been in use for a little bit over two
years now. And uh we have not received any complaints about that. And the lighting for the tennis are actually going to be further away from the closest neighbor. I believe it's um somewhere in the city of 480 ft from the nearest revenue.
>> And was there a DRC meeting in connection with this application? There was uh it was a very productive meeting and I think u our our engineer will testify to some specifics to that but uh it was a very productive meeting >> and did the club retain the services of
experts to assist in the development preparation and presentation of the application? >> We did um we have Kyle from Dynamic uh we have Wayne from Jefferson Group Architects and we have John as our professional planner. >> Thank you. I don't have any other
questions. 30 questions to the board. So, >> so any of those shade structures are going to have any solar panels, anything for solar energy? >> No, they are uh your wooden benches that
have metal uh supports with a canvas top. There will not be any. >> Oh, that's the shape. >> That's the shape, right? Um question the the enlarged uh tennis courts that is shown here on the drawing not just the building but the this is
what the tennis courts will look like. >> Yes. >> Yeah. Okay. And what what was the reason for having to enlarge the the the courts? >> Currently the tennis courts don't have any shade structures on them. So the courts themselves are closer together. So to have them properly spaced to add
the shade structures required us to lengthen the the space needed for it or to replace all four works. >> Do we have any questions from our board professionals? >> I have one. Mr. Mr. Chairman, I'll ask you in case uh maybe defer to the
engineer, the ramps down to the cart storage from the parking lot, those are pretty steep. Is that something that is typical in uh cart storage having it underneath the building, efficient use
of the space, those are pretty steep. Um, I believe they are to code and I will allow the the uh professional to to opine on that, but uh it it's not unusual to have underground art storage especially in facilities that are
landlocked like we are. >> Right. >> I just wanted to make sure you're you're the golf course expert, so >> I'll ask you to have any questions? >> No question. So can I
>> so I'm sorry I'm going back to green infrastructure. I saw in your master plan you mentioned that there is a master plan and you are adding since 2021 or something like that new things on this master plan. Do you
have anything for green infrastructure like solar panels to feed the lighting during night or I don't know there's something for storm water management for future anything that is green infrastructure here >> we we currently do not have anything for
for solar or um wastewater management um it's not to mean that we wouldn't in the future I know we are looking at eventually a part of the master plan uh reooking at our parking lot of uh our
program. Um you know, we potentially do something in those parking lots. You I'm sure you've seen structures that have solar panels on top of coverings in parking lots. Something we could we could think about in the future, but currently not.
>> Okay. Thanks. >> Thank Oh, sorry. Thank just one or two quick questions. Yes, sir. You mentioned as per your Bible as you were at maximum maximum capacity at the club already. Correct. >> Correct. >> Proprietary membership >> or your membership. What what is that
number if you know what? >> Um 600 is the number of members proprietary members that club is able to have. Uh we currently have with the additional categories seniors, non-residents, uh
I would say approximately 800 memberships. >> Thank you. And uh you said the pickle ball lights have been there for two years now and no complaints, >> correct? So neighbors uh that you're aware? >> Well, I I would hear it. >> Okay.
>> Those calls come directly to me. >> Okay. All right. And then uh but but where are the pickle ball lights and how tall are the pickle ball lights if you know a fan will these I think you mentioned that they're going to be further away from the nearest resident but are they the same height are they higher lower the pickle ball
>> they are the same height they are the same style of light down lighting um and when I say further away uh the pickle ball courts are here >> we have to if you could describe it directionally as best you can. So they >> on exhibit A1
>> on exhibit A1 they are adjacent to the service road um in the northeast part of the parking lot uh as I said approximately 400 ft away from the
nearest residence. The tennis courts are on the other side heading south uh from that on on this side of the on this side of the property closest to uh the uh the entrance way. So that is adding the additional uh linear footage from those
lights. >> So the pickle ball courts are close to the Timber Roads residences but the tennis court lighting I suspect correct me if wrong maybe closer to Route 24. Would that be accurate? That would be it. >> Well, actually, sorry. Um, so the pickle
ball light, I think, is 6.9 feet. The closest light um to 24 and the lights for the tennis court will be um a greater distance than that to the >> And I didn't mean to try to catch it, but we'll hear from the engineers, so I'll stop there.
>> No, no, no problem. >> Actually, one more question for you. Um >> we're moving closer to 124 or 24. Uh any problems or any foreseen problems with tennis balls going out of the out of the courts onto the driveway or the
>> No sir the um the courts themselves are laid out in a north to south arrangement where but the play happens east to west. >> Okay >> and there is a max
for that size. All right. Thank you Mr. Constantini. Thank you. >> The next witness is Wayne Jack. >> I apologize I over. Were there any questions from the members of the public? >> Thank you.
Okay. Um, can you please go through your qualifications for the board? >> My name first, which is Jack Jac. >> And address business address is fine for the record. >> It's 700 school street island.
>> Please proceed. >> Okay. Uh, qualifications. I'm employed by JBD JA Architectural and Interior Design Firm. I've been there 25 years. Um I have a bachelor's and master's degree from Oklahoma State University. Um I'm lic currently licensed in 17
states. My first was in 1986 in Massachusetts and New Jersey was in 2001. Um I've been in front of numerous boards in New Jersey including Milbour numerous times. Summit Essex Riverdale West
Orange >> license remains a good standing in the state of New Jersey and that you were accepted by as an expert in the field of architecture by most if not all of those boards. >> Correct. >> Thank you. Defer to the chair. >> All right. Yeah. Thank you, Mr. Kat. You
are acceptable to this board as well. Thank you. >> Great. Um can you please tell the board um about the firm you work for specifically whether or not that firm has a special expertise in providing architectural services clubs? Yes, been existed for about 43 years and about 90%
of our work is private clubs, both country clubs, city clubs, um yeah clubs have been country clubs but to the bulk of our work. >> Um and Dave Canubra Country Club engage your firm to provide architectural services in connection with the
improvements to the tennis building. >> Yes. >> And can you explain the steps that you've taken to prepare yourself to give testimony this evening? Um we met with um Albert and his team at the club committees and in the board just to lay out the programs see was required for
the for the project. We worked within those guidelines. We met with um the engineers to review what's required sitewise and zoning wise went over that numerous site been club many times worked with them for 13 14 years now.
were very aware aware of site >> and can you describe the proposed improvements using the architectural plans that were filed with the application and the renderings um which would be um the the rendered elevations
which would be A2 and A3. >> We'll start start with the floor plans which we starting packets. First one is A1.0 that's the lower level plan which is the heart level. Um it's 126 cart capacity. 120 are electric member carts
for for golf use and six of them are utility cart run by the club. There's a in ramp on the western side um which comes down there's a car wash system they come and restored and then they come out on the eastern end of
this building. In answer to someone's question earlier, we did review the ramp slopes with um with the golf ball cart manufacturer and they're well within the limits on some other. So they're well within the limits of
what's allowed by the golf cart manufacturer. >> I'm sorry. You said the slope is well within the limits of what's required by the golf cart company. >> Yeah, the maximum. >> So it's lower than the max. Can you share for the benefit of everyone including our engineer what that slope
is and and what that what is permitted and how the golf company is in charge of what is in the state. Um the actual degrees I do not know. I think I believe we're about 5% under what their maximum allowable is. And the main point is that
break points are comes from top going down and at the bottom of break points and that's just their what they suggest for um the proper slopes maximum slope for golf cart. >> Will the engineer be testifying to this as well or will you be the only witness
testifying to the sufficiency of the slopes? Um, >> speak. >> I'm a lawyer, not an engineer. I'll stop again. >> Um, A1.1, which is part of your package also. That's the main level plan.
>> And I guess we marked the other one A2. So, we'll mark this A3, even though it appears to be very similar, if not the same as our >> So, these are exactly the same as what you have. Then, he has rendered elevations. Those will be A2. The red. Okay.
>> I thought you called the other one A2. So the other one was uh A1.0 >> and the last revised date on that >> just so we can confirm that it's what we're all looking at. >> 1015.
>> Okay. And then same for the uh A1. >> Correct. >> Thank you. Sorry to pull this up. Thank you. >> No problem. >> A1.1 is the main level of the club, the ground level of the club. Um you on the
north side of the building, probably parking lot. Um the cart staging is in front of that. There's um steps up to the main level and there's also a KDA accessible ramp to get into the main level. Within the main level, you have the protop. You have restroom facilities
that are two toilets in each one and a shower in each side for men's and women's. And then there's a a room that'll be used currently room currently for um gathering space or
gather outside under shaded areas or in sun. So there indoor space where they can get out of get out. even have um have their rest time or um interactions within the building as opposed to outside. Um the third plan which is really just
the room plan a 3.1 day and this just shows the small mezanine area which is um it's a percentage of the seat outside. So that goes back to I wanted the
question about ADA requirement for that. As long as it's less than 25% of the ground ground space seating it's allowable and we're we're under the 25% category for that. So AA is not required
for the upper level C. The two exhibits you do do not have. So I guess this would be two. This is a rendering from the front. So this is what the club would look the building would look like from the parking lot. Um this whole area here
being the main entrance back here on the back left side is messing the upper level seating area. Pro shops over on the right and the gathering space on the left. As you can see, the materials all
match the clubhouse and the other buildings on the campus be the same same trim color, the same shing color, roof color, all the materials will match what's been said on the campus far. And then a point A3, which is a new exhibit,
is a view from the tennis courts. So um this shows that upper level viewing area the gathering space and pro shop is under here. This is the porch in foreground. This is facing towards the highway view.
>> And can you tell the board if the proposed improvements were designed to be architecturally compatible and consistent with the other buildings on campus? >> Yes, they are. the door on the other building so we know what the materials are inside.
>> Um, have you had an opportunity to review the administrative comments provided by the township's professionals? >> Yes. >> And can you just comment on any of those that relate to your field? >> Um, I touched on the one from the engineer about the upper level seating
area which is less or allowable. Um so the ADA is not required um from the fire department. Um knockbox which will be located on on the structure and um the engineer will be working closely with the fire department
on circulation during construction and post construction and the building will be fully sprinkled. So that'll work within the NFDA requirements. >> If I may, Mr. Chairman, you're referring to the August 15, 2025 memo from the
fire commission. >> I can use >> and just uh for those of us keeping track and maybe drafting a resolution, uh we have one through nine. Which ones are you stipulating to right now or do you want to stipulate on behalf of the applicant to all nine and then you could
others could testify to them as necessary? We're >> stipulating to all of them and the engineer will testify to the rest. Well, >> makes it a little easier and expeditious. Thank you. Um I don't have any other questions. >> Absolutely.
>> So you mentioned 120 electric golf cards. That's so is the plan that they'll be charged overnight where they're parked. >> Correct. >> Yes. Any other questions for the board? Do our professionals have any questions?
>> I got a couple, Mr. Chairman. Thank you. Um, Mr. Jax, on sheet A1.0, which is the lower level, the plan shows the golf courts dashed in the cross-hatched area.
Um, what does that represent? >> That'll be striped painted on the concrete for the areas to be kept clear of the rest. >> Okay. And in the east west trike area there are a series of connected
rectangles. What is that represent? >> Right down the middle that in an east west direction. >> No in the strength area. >> Oh. Oh that's a trench strain down the center. >> Okay. And that trend strength
goes to the uh storm pump that the engineer will talk about. Yes. Okay. And then on sheet A1.1 you made a comment. It's it's uh actually there were two. Number 16 talks
about the um landing areas. The landing the entire area um on the west west west end of the switchback that is all flat. That's the landing area.
That's a turning area. Correct. Okay. And then >> that's 16 on your memo, >> 16 on my memo. Thank you. which is the technical review 1A.
Um, and then is the landing at the as you come up to the covered entry is the landing area for that ramp within the paper. And
are these like limestone um tiles or what what's the the larger rectangular material? What's the >> that's a different painting pattern? But the landing is the top of the ramp is underneath the cover. >> Okay. >> And on
>> and that's all at the appropriate ADA slope. >> Yes. >> Okay. >> And it's flush with the interior floor. >> Okay. And that provides the appropriate turning area for
Okay, there was Oh, the other item was not sure what number just so everybody is okay. Number eight in my October 10th memo.
The the plans indicate that the park store the cart what I forget how it was phrased on the where they line them up for people to pick them up. Thank >> um the steps that go up to the tenants
and the you know I know on A1.1 you have the turning circle for the ramp. They're all close to that staging area. Is that consistent with what you've done on other designs? Is that too close? That's consistent because um
yeah, the carts are mostly just still in that location and every every now and then as as golfers go out on the round, they'll be taken out of there and they're usually staged over at the bag in the golf operation building. >> Okay. So from your perspective as a
project architect, the distance from the from the cart staging area to the stairs and to the ramp are acceptable and you have no issues with that design. >> I have no other questions.
Do >> you have any questions store? >> I have none. Thank you. Any uh members of the public have any questions? Thank you very much, Mr. C. The next is Kyle Smith. Let's start.
>> Uh, your name and address, please. >> Kyle Smith, 1904 Main Street, Lake Romo, New Jersey, 07. >> Um, you are here tonight to provide civil engineering testimony with regard to this application and as such I would ask you to go through your qualifications and credentials to the
board. >> Yes. So I'm a licensed professional engineer licensed in the state of New Jersey. I have approximately 18 years of experience. Um I worked for dynamic engineering where I've worked for the past three years. Um that's working on all private land development projects.
Prior to that I have 15 years experience working on the public sector working um as a consultant to municipalities and private groups. Maybe you appeared in front of other boards. >> Yes, I have most recently in the city of Summit as well as free Township
>> and license remains in good standing. You were accepted as an expert in the field of civil engineering by those boards. Correct. >> Yes. >> Thank you. >> Thank you, Mr. Smith. You are acceptable as an engineer. This board is welcome. >> Thank you. Um, were you retained in your capacity as a professional civil
engineer to prepare a site plan for the improvements proposed by Canro Country Club that are the subject of this application? >> Yes, I was. >> Um, and what steps did you take to prepare for the discharge of that commission? >> So, first we met with the the country
club, Albert and his team to review the scope of the project. Um then we met with the archet project architect and the other design uh team to just review specific details regarding the project. Following that we reviewed the zoning uh zoning ordinance here in the township of
Milbour and uh look reviewed what need to be required for this specific site. Then based off all of this, we prepared Lancet as well as storm water management report in Milbourne Township. >> And you uh participated in the DCA
meeting, right? >> Yes, that's correct. >> Um was the site plan prepared in accordance with acceptable regular and prevailing professional engineering standards? >> Yes. >> Um the applicant is requesting certain checklist waivers. Can you go through those waivers for the board, please?
>> Sure. So we are requesting waiver A1F uh that's related to copies of existing easements, covenants and deed restrictions. Uh there's no existing within the area of our proposed improvements. We are also requesting waiver 4 B6I.
That's to show all existing principal and accessory structures, curbs, driveways, water bodies, and wooded areas within 100 ft of the site. Um so I'm going to share the aerial uh overview now. >> Has that one been marked? Okay.
>> This is a >> that would be >> new area. >> A new area. >> Yeah. >> How can we >> Okay. So way we could distinguish this from the other one by way of name other than it's the engineers area.
>> So So A1 was an aerial um enlargement exhibit. This is an aerial what is it? >> Aerial planning exhibit. So as you can see from the overall aerial overview, the site has been developed. It's fully developed with buildings and golf course. Um the area
of improvement is a very small portion of the overall site as you can see um it's not the small portion of the site and um none of the proposed improvements within 100 ft of any use that's not the app country club
use other than the right of white. In addition, we're requesting a waiver for C1 environmental impact study, a statement, sorry, for DRC 509. The site is fully developed and improvements have no environmental impact on the site. Uh the proposal is
replacing the existing building and slightly expanding the existing FEX score. Uh this is a waiver that has been granted previously for site. >> Great. um using the plans that were filed with the board um and any exhibits
that you have prepared, can you describe the site plan from civil engineers? >> I apologize for interrupting again. Uh but if you covered all the requested waiverss uh maybe it's approved, Mr. Chairman, with your permission, but you did get a completeness report August one
from our board planner, Mr. Ped who seems to indicate uh that he recommends the waiverss and maybe we could formally confirm that the board grants same so we could continue with the application. I don't know if I think we I don't believe we need to hear from Mr. Ped we
have his report. So maybe we could just have a motion second and all in favor to grant waiverss pursuant to the recommendation the cleanest waiverss pursuant to the recommendation of Mr. Pedto. >> So moved. Have a second. Second. >> All in favor?
>> All in favor? >> All opposed. Motion passes unanimously to grant the waiverss according to Mr. P. >> Right. We didn't waste any time then doing all the other stuff previously where we can move forward now. >> Excellent. >> Great. Thank you. Um so the project site
is located on the north course of the Canoe Brook Country Club. Um that's located on the southern edge of Bill Township. Uh the overall site is bordered by the Morris Turnpike to the south. um wooded areas and residential um properties to the east. Um wooded
areas with commercial development to the north uh along the John F. Kennedy Parkway and then commercial development including the Short Hills Mall to the west. Um existing conditions of the overall site, it's it's a golf course with various
buildings and amenities as previously discussed. The existing tennis court is 33.8 ft from the property line. Uh the existing pickle court is 6.9 ft to the property line and the light for the pickle ball court is 12.5 ft to the property line. Um existing golf carts I
was previously discussed are stored by the paddle courts at the far northern end of the parking lot and the carts are currently staged in front of the tennis building. The existing tennis building to be demolished as part of this project as well. And as part of the project, we're proposing a new tennis building as
with an underground golf cart storage area. We're um providing new access to the golf cart storage under the tennis building which necessitates retaining walls um that require variance relief. The retaining walls are permitted to be up to six feet in height. We're proposing retaining walls ranging from 1
to 11 ft in height. Uh the retaining walls are required based on site topography and in order to provide access to the cart storage area in a safe manner grade. Uh there will be fall protection provided for the cost. Um, we're also looking to resurface and
excitly expand the tennis courts. Uh, tennis courts are past their useful life and with the addition of the two 8x6 chain structures which include a covered bench and water station uh to protect players from the weather, sun, provide a rest uh place to rest in between
matches. Uh, this necessitates the additional length in the courts as previously discussed. We are not adding any new courts. Um, so on sheet 16 of the submitted plan set, and I'll I'll share it. So, um, on sheet 16, we show just a
shade structure detail. This is the typical type of structure we're looking at. It's not the exact model that will be determined as part of um construction birthing, but this it's it's simply a bench with an >> just for the record that's sheet 16 is
construction details. Is that June 10, 2010 >> or well actually what is the last revis? >> Yeah. So >> I don't think it's smaller. >> Last revised 101 2025.
Thank you. No problem. uh a variance is required for the setback to one of these shade structures. Distance from the property line to the shade structure is 84.1 ft where 100 ft is required. Um this will be screened by from view by landscaping
and also fencing. Um it's also it will be difficult to see due to the speed of the cars driving by. Um a variance is requested or required for the 100 foot setback to the slightly expanded tennis courts. Uh as noted at 10 square is currently 33.8 ft from the property line
and it's proposed to be 14.3 ft. Um it will be difficult to perceive the closer distance of the courts to the property line again due to the screening we're proposing and the speed of cars passing by. The only use that's adjacent to the count tennis courts is Morris temp right
away. Um I'll also share the site plan rendering So this is the site plan rendering. Um this be A5 the exhibit A5 with today's date. So a variance is required for the 10 foot high fence around the court where a
six foot high fence is permitted. Um there currently is an existing 10- foot high fence around the which surrounds the existing tennis courts. The fence will be replaced in the areas of the expanded court obviously to go around the the rest of the the newly expanded court. So the fence is required as a
safety measure to keep balls from you know leaving the court. Um there will be multiple gates for the fence as currently designed. Um there's a double gate on the south side of the fence. Um that will be utilized by
public staff to facilitate service for equipment. There's pedestrian gau uh to the north side of the um fence that will be used for emergency only. As previously described, the nearest residence is over 482 ft away from the
proposed improvements. Um as it relates to utilities, all the existing utilities are currently serving the site um will remain. So there's existing gas, water, um sanitary sewer and electric. There will be new connections for the proposed um building for the gas connection,
sanitary sewer connection and water. Um electric will be connected to the transformer on the site as well as to the emergency generator for backup power. Uh the sewer capacity for the proposed site is not increasing based on the number of members remaining the same
as previously. We're not increasing membership at all. We are maintaining current circulation for the site including there's existing ballards keeping vehicular traffic away from the golf cart staging area. It's on the on the north side of the
building that just keeps you know vehicles from trying to access the cart storage area. Um as described earlier um multiple times the cart storage is underneath the building and with the driveway entry and exit at ramps at 20 and 25%
respectively. Uh this was designed in compliance with the cart manufacturer's recommendations. Uh it shall be noted that the carts will be operated on ramps only by club personnel and it won't be the members that are uh entering and leaving the cart storage area.
As part of the demolition required for the project, nine trees are to be removed whereas a total of 26 trees are proposed to be planted. Uh the current landscaping plan shows five shade trees, ornamental trees, 17 evergreen trees in
addition to 17 evergreen shrubs, 111 deciduous shrubs, 35 perennials, and 188 ornamental grasses. Uh we previously modified a species of ornamental flowering trees based on the township foresters recommendation. Based on recommendations by the town's
uh professionals, we will modify the plan to revise the 14 deciduous shrubs on the south side of the tennis courts to evergreen shrubs. That's that's in this general area on the south side of the of the ports. Um most of the landscaping species are
native. uh a select number of non-invasive ornamental tree plants have been incorporated into the design to maintain a consistent aesthetic uh with the existing landscaping on the site. There's storm water management as part of the project. This project is classified as a minor storm water
development and does not require green infrastructure. Uh we are providing attenuation with underground storage in order to maintain or reduce current runoff rates. Um there's lights as previously noted, lighting will be added to the site uh
for the for the tennis courts. Um we're we're adding the lights to be consistent with the adjacent pickle ball court. You know, we are not aware of any incidents uh that have occurred on the service area road from any lights village from the adjacent pickleball courts. The
lightning plan I'll show now um which will be exhibit A6. So the lighting plan has been modified since this was initially um the lighting exhibit to reduce village uh to be in
general conformance with NG DOT requirements. Uh the proposed closest tennis sports light will be 28.2 feet from the property line and the closest pickle light is 12.5 ft from the property line.
Yeah. >> And you'll see that the um as you exit the as you get the property line, the light, you know, you're looking at less than one foot handle leaving a site. So, >> excellent. Um did you have an opportunity to review the administrative
comments with regard to this application and can you respond to those comments? Uh yes, I have and I prepared a letter in response to the engineers's latest review letter and the plaint's review uh for dated October 10th, 2025. We're going to hand out a copy of the
letter will be exhibit A7. Um but in general, our intention is to comply with the recommendations read by the website. >> While that letter is being passed out by name, Mr. Chairman, just to confirm my understanding of what I just heard,
you're you're stipulating to all the comments from both the engineer and the planner and the respective October 10 memos in their entirety. Is that correct? >> Uh, yes. As you can see in the response, we we were welcome to address the comments in performance with
professionals. or only because there's quite a few and we're just first getting this letter. Just to be perfectly clear, are you stipulating to everything they're requesting as they request in their respective October 10 me?
>> Maybe that brought a little extra time for the board professionals to look at those. >> Yeah. Responding and addressing Please proceed with the chair's permission. >> Um, I don't have any other questions. >> There any questions for the board?
>> I just want to are passport. Do they have life? >> They do not. >> So, these are these are not how tall are they? They are going to be 30 feet high and to to match the pickle ball courts next to you know directly adjacent. >> So they're pickle ball courts are 30 ft.
>> Correct. >> The current um footprint of the building. Are you shifting that at all or is it just sitting within the same footprint? And maybe more explicitly, are you moving into what the existing parking lot is now or
>> we we're expanding the footprint. Um so the existing building footprint um of the existing building was 1,020 ft with a canopy of 970 square feet. Our proposed uh building footprint is 3,975.
So there is an expansion of building. >> Where is where is that is that taking place into the parking lot into the what is the current tennis area? You know >> it's working towards the tennis area and and actually um in the east west
direction. >> The footprint isn't standing. um in the east west direction here as well. >> Okay. So, it's going south and east west. >> Correct. >> Was there any consideration to minimizing or trying to minimize
expansion so that there wasn't further encroachment towards the property line? I I would defer to the architect on you know requirements within the building >> but also the tennis court's already starting right there, right? Yeah. Yeah. That's where the tennis courts currently
start. Um so we're trying to work within the area that the current footprint was to ensure that they all within the >> the current transports are going to be demolished to be repaid.
>> Yeah. Resur >> resurfaced. And and why in order to accommodate shame structures that are closed? And that's sort of where I was getting at is, you know, you're moving pretty close to the property line. You're you were at 33
33 34 feet about from the property line and now only 14 ft to the property line. I wonder if there was any consideration to not shifting the building as much this to towards the the tennis courts, the existing tennis courts. We're making
that property a little bit more narrow to prevent the or as much of the encroachment towards the property line as possible. I just don't know if there's any consideration. Yeah, it certainly was reviewed and when you look at the proximity up there as was mentioned by township board
engineer, the proximity of the building to the ball path area kind of it kind of hindered us going more in that direction. Um and given that the pickle ball court is has closer proximity to the right of way currently we figured that was the right direction.
>> Um and also um if Mr. Constantine might be able to answer your question. So we we did not want to go any further than we're already going towards the property line. So that to allow us to to do the programming we want to do in the
building that that required us moving in in that southern direction and the east west. Uh we feel that the size of this building is appropriate for the programming that
we want to apply to. And remind me and I you said this so so I apologize the fence along the service road how is that fence would where where we get pet >> oh well just to be clear there's a fence along the service road that's shorter
and then the fence around the tennis court is 10 >> correct so sorry I was asking about the fence along the service road not not the tennis >> that's not being modified >> that's not being modified >> and what is that currently
the >> I don't have the email probably less than that less than >> the specification for the golf carts on this sloped is that wet or dry?
Um it's based on you know meeting the required you know the manufacturer's recommendations >> right but is the recommendation for the slopes for a wet road or a dry road wet wheel not specify >> we didn't review that >> just curious because if it's for dry
then they come back wet understand that >> could you show us you show us where the foot retaining wall Yeah. So we're on B basically the retaining wall is required in order to get from you know current grade down to the you know 10 10 foot depth plus or
minus. So retaining walls are both at on both sides of this um ramp coming in and then on both sides of the ramp exiting but it you know it's a retain wall but it's dropping down below grade. So visibility is known to be much of an impact especially with all the
properties as well. >> And could you also describe I know another question dealt with the uh storm water runoff how is it being prevented? So there's a there's trench drains for
both um both ramps basically will be picked up by trench drains across that and it's in order to pick up the just the ramp area um and small tributary. We're going to have um a depressed curb.
So a 2in repeal across this to not allow water to over top down the ramp. So it's really just the trench drains are going to handle the storm water that's coming down. And then there's secondary um there's inlets also in here on this ramp
and at the overhead doors I think was shown on the architectural drawings that are additional trans that all connect interconnect to a system within the building which has a storm water pump that'll that'll pump it out into the existing gravity storm
server. >> Right. So, so all of the the ones protecting the underground structure go to the the pumps. >> That's correct. >> Okay. And where is the emergency generator located for those the sites?
>> It's it's on the northern end of the driveway or or the parking lot. So, the emergency generator is it's tough to see, but it's on that northern end um right here. >> And that's existing >> existing and no modifications to it. No
additional color. Do you have any questions? >> I do. I have a couple. Um, and uh, this this letter, which I skimmed through, answers a lot of the questions that we have. Couple things I still want to
touch upon. Um, so number six in my October 10th memo, the two proposed brick paper walkways that lead from the tennis courts to the drive aisle, those are not intended for
players to use. That is for club personnel for access for maintenance or whatever. >> All right. So the yeah let me clarify the two brick papavers that's just for emergency egress. So it's not for the players to use unless you know in the case of emergency just a way to get out
the the double gate here on the south side that's really going to be utilized for equipment you know servicing the equipment by >> Right. Okay. All right. Uh the other thing um number seven you
talked about you know we had a concern about the proximity of that southwest corner of the tennis courts to the driveby. Um would you consider something besides ballards? I'm concerned that the
followers themselves are going to be a potential hazard and looking at a guide railing more attractive than a galvanized thing. I'm just I don't think the ballards are
an appropriate use in that area. >> Yeah. I mean, we were we understand the concern with the proximity and the looking to move ballards to protect it. It was similar to other locations within the site. Um but that's something that we can review if you have strong uh
opposition to the >> subject to the review and approval of our board engineer should the application be granted and should the board wish to have such a condition to that whether it's followers or some alternative structure and and the
location if that is what our engineer is looking for. >> Yes. And just is there anything that can be done to even increase that distance
between the corner of the fence and the driveway that to increase it from, you know, 2.7 ft. I'm not a tennis player. Yeah, we looked at it with the tennis tennis court designer and that that was the suggestion. Um because we had this we
had the same concern that really was a minimal distance on the sides of the court, you know, to >> maybe ask a little bit harder and say, you know, can we get a couple more feet? I'd like to get, you know, having the guide rail
itself, I mean, is going to have a section of at least a foot between the post and and the rail and whatever spacer you have could be as much as 15 in. And that means that that guide rail,
the face of that guide rail is going to be almost on the face of the curve. But if there's anything that they can squeeze out of that at least give two foot of separation from the ed face of a curve the face of that guide rail
is I think to be >> query as to whether you can cut the pavers that come off the tennis building by a foot or foot and a half or something and shift the court just down. That would give you more room
on on both corners. Yeah, we can review that with the designer. The concern is the the 2.7. >> Yeah, I mean, you know, and whether it's the fence, it's what Mr. Miller suggesting of taking that whole court
area and shifting it north is going to increase that separation. >> I don't know how like if the papers are just cut back by foot or something, I'm gonna just give you that little >> Yeah. Yeah, we'll do that.
>> Um the um storm pump that you're putting in to deal with the the drainage at the cork storage level. Is that going to be
connected to the emergency generator? Is that going to be part of the system? >> That's correct. Yeah. Good answer. Um uh in Mr. Smith, did I hear you say that there are ballards across the ramp down
to the cart surge and a ramp up the card surge? >> Now, let me clarify. The ballards are here on the um the norththeast corner. It's basically uh they're very light to see, but it's just to not allow vehicular traffic to try to come down
the uh cart storage area. >> Oh, I I see. Very light. Yeah. and the removable ballards that um just will make sure that a car doesn't try to go back there. Just allow cars through it. So, looking at sheet six of your plans,
uh last revised 101. So, those ballards exist. >> That's right. to remain. >> I didn't notice them before. Just I would suggest that you look at them. It
looks like if somebody's coming from 24, if they hugged the curb line, they could sneak through it. You know, I haven't been out to the site and and to see that, but I would
just, you know, you certainly don't want somebody driving down the staging area. Certainly not down into the park. >> Understood. We'll do that as we can. >> All right. about the driving down route 24 and the
>> right service. >> That's the driveway. >> That's the driveway into the >> Oh, sorry. We will need it somehow on the record. So the the my question on the Ballards was at the
northwest corner of the of the tennis building the driveway down through the courts the existing they were saying that I think they were
Mr. Constantine was confused about where I was referencing. Ballards are not out by 24, but it's that driveway coming in that if somebody comes along that driveway on the west side of the tennis court, if they hug the curb line, it it
appears I haven't put a scale to it that they could sneak between the curb line and the follow. Maybe >> No, I think it's a too small for a a vehicle to to get through there. I think This does
I mean it scales seven feet 8 ft you know I just you know >> really it's really club operations I mean they're the ones responsible for it I'm
just raising a question if you think it's fine know it's your property um and your liability So, I'm I'm just I'm just, you know, um if it's unchanged from how it's been for
however long, um >> I would say it's it's an existing condition and there have not been any issues >> issues as far as aware. Correct. >> Because everybody knows just because that's the way it is today doesn't mean
that it should stay that way. And here's an opportunity. you think it needs to be fixed. If you don't, again, >> I'm sure it's something that the club would look into. >> Okay. >> But as of right now, I think it's going to remain as existent. >> Okay, that's fine. I don't have any
other questions, Mr. Chair. >> Mr. Ped, any questions? Um, just one clarifying question. Um, and Mr. better if you could refer if it's an item in the report. >> Um,
>> so first I just want to thank the applicant for submitting this report. It's very helpful. Most of the comments that I had raised were addressed. I also appreciate the revised landing plan and the notes relating to the reasons for that. So that's very helpful as well. Um, I just wanted to note with respect to item number five that was addressed,
this is the last page, page eight of the memo that we took this evening. My item number five indicates that the applicant consents to um, oh no, I'm sorry, it's number six. the landscaping plan will be revised to include evergreen shed tennis court roadway. Um my comment had
recommended uh expanding the planting area to effectively screen the entire course of that uh the tennis court screen. So I wanted to confirm that that wasn't clear in the response comment. >> Um yeah I I just additional screening I don't
receive. >> Yeah. So yeah just just to further further clarificate along that south corner. Yeah. Yes. Exactly. An application extending the screening along the entire course of the proposed >> just to fill this gap here. Is that >> correct? >> Yeah. And Okay. So with that
clarification and your full understanding of the comment number six in Mr. Pedto's October 10 memo, you are stipulating to comply with same in full. Correct. >> Correct. Report. Yes.
Thank you. So I question um what is the fence on top of the retaining wall the ramp going for the because it's a typical fence but you don't see the typical fence on the new >> um on top of the retaining wall it's
it's a prot it's a ball protection fence we did not provide a detail on that Yeah. >> All right. So, it's going to be like or protection like 42 in high.
>> That would be a typical type protection. So, it'll be by the board engineer um and as well as the construction department as part of the construction application process.
>> Thank you. You reminded me of one other question. Sorry. Um, looking at that, the the service drive, that's the service drive on the west side of
that is less than 10 ft of that retaining wall. And that retaining wall is 6 feet. five to six feet in height. He has um
I can't help myself. I'm concerned that a vehicle, you don't have that wall there today. You have a vehicle comes up for whatever reason, you know, drives off the road, they're
now facing a sixoot. I think you you certainly need the fall protection fence. But you're also going to need a vehicle. I think you need to extend the guide or put a section of guide rail in there to keep that vehicle from going
over a six foot wall. It's too close. >> Yeah. So there are in this area there's um an existing FDC and there's a proposed FDC right in that area and there's a a few bottlers already existing and another bottle proposed um
for that to protect the um >> FDC but it would it would act as a similar protection for the for the retaining wall >> car hits those probably ductal iron pipes filled with concrete. >> Correct. Um, a vehicle hits those,
they're going to snap. They hit them at any kind of speed, they're going to snap. It's not like the ball just see in front of, you know, Wawa where somebody pulling into a parking space. You know,
they're coming down a drive. You know, I I think you need something more than the existing ball there to protect everybody, you know, from the vehicle going over that.
>> There's also speed. >> Oh, yeah. There's speed bumps on the entryway as well. >> I leave it to the board. They've heard my concern. You've heard my concern. Yes. >> Thanks. >> I have one more question uh about the
demolition plan and it says to be able to tell us the u individual trees being removed. Would you happen to know those offh hand especially the larger ones where the tennis court being expanded? >> I I do not have information on but we will provide that.
>> And any chance those trees could be transplanted instead of just removed? We are replacing them. >> We are replacing them. Yeah, there's less to be removed. >> Replacing according to the township order.
>> Yes, correct. >> Yeah, if I may, Mr. Mr. Just for my clarification, the forester because I thought I heard you say that the forester made a certain recommendation, but you may have said that there was a different recommendation with respect to species and was changed back. Can you
clarify that for me? Are we complying with the foresters August 18, 2025 recommendation or not? >> We are. We already are. >> That that recommendation. >> Okay. I just heard that. >> Thank you.
Are there any questions for the public? >> Thank you very much, Miss. >> Uh, final witness is John Barry. >> Sure. Uh, PO Box 45, Land Islands, New Jersey and Jing LLP. >> Sorry. >> I think I think it's a qualification.
>> That's fine. I got it. >> I'm a licensed planner in New Jersey, member of the American Institute of Certified Planners, and have been in good standing in both cases since 2014. Um, I'm the managing partner at NJ Planning LLP and represent boards and
townships throughout the state and regularly testify in front of various boards as well. Um, I've been for the Milbourne zoning board with the new club the last time they for one of the townships boards for approval and I've
testified that trend bar down. Uh, Trenton Bar Hills and Fairfield in the last two weeks. >> License is still in good standing. >> It is. Yes. >> All right. You are acceptable as a plan of support. Thank you. >> Thank you very much. Uh so in
preparation for the testimony this evening, I reviewed the plans and spoke with the team about the proposal understanding all the information that's been presented to you this evening. Reviewed the township's ordinance the and master plan, the 2018 master plan
re-examination report being the the most up-to-date version of that. So we've heard a lot about the application and its context. So I won't go back over all the ground. We've covered the um purpose of the application referred to expand
the tense building, extend the course slightly to accommodate the shade structures that are proposed and we're within 129 acre parcel. unique piece of land certainly in in the township developed with the Newport country club and has been for many years variety of
club facilities and that's permitted use in the sea conservation recreation zone proposed additions are essentially modifications to accessory uses that go along with with part of the club the in our our context here we're we're located
in the southern portion of the site the immediate neighbor is really the Morris Turnpike 124 access road and then beyond that route 24. Um the nearest residential neighbors are 480 or so feet to the to the east and between the
improvements and those neighbors we've got pickle ball courts, parking lots, driveways, drive range. So it's it's quite a quite a distance and quite a lot of intervening uses uh that will speak to the lack of impact of anything that's happening here on the Nick properties.
So the relief that that we're here before the board to request as part of the the site plan approval is for a front yard setback front yard setback to the North Stern turnpike roadway here for the the proposed shade structures the most
southern and western most of the shade structures. It's 84.1 ft from the property line where 100 ft's required. So, it's about 16 ft short of of what uh the ordinance calls for for a structure. You saw the the generic shaped structure
design when Kyle was testifying. Minimal in size and open structure, so we're not dealing with walls that'll um block light air and open space and create a substantial visual impact off the property. The we've I believe noticed for and identified in the plans
and it was in Mr. report also that the tennis courts themselves have 14.3 foot setback um I would debate whether they count as a structure for purposes of setback but um pickle ball courts next door just to the
uh south and and east were approved with a lesser setback without having to come to the court. So I believe that the the township consider the service of the court to be a something that required that setback but there's a a minimal impact and the enhanced screening that
we've heard about will uh certainly buffer any visual impact of the enhancement of the tennis court. The retaining wall height is also a variance and as Kyle testified it's going down into the ground rather than up and retaining earth. So it won't really be
visible to anyone who's not going down the ramp or standing above it. If you look out over the parking lot, it won't be standing up going down. So the uh visual impact again will be be minimal there. Uh the proposed height at its maximum for the retaining walls is 11 ft
where six feet is permitted for walls. The um final variance is related to the the chain fence that we've heard about surrounding the the tennis court itself. There's an existing 10-ft chamberling fence which is common for tennis courts and baseball uh fields and so so forth
as a way to control balls. Um so just expanding in kind as the tennis court extends a little bit to to make sure that that uh 10 that the foot the 10 foot fence is effective for that purpose for safety security and to keep the balls contained within the court.
So, um, there's a slight element of of hardship associated with the location of existing tennis courts that are being reused and resurfaced and repurposed as part of this overall development. Um, the bumping out toward the road that's driving some of the setbacks is related
to placement of those shade structures, not necessarily adding additional tennis court play or expanding the intensity of the tennis courts themselves. Um but overall I think the the best approach here is to look at these as a C2 variance where benefits of the project
on this particular piece of property related to the purposes of zoning outweigh any potential detriments. Purpose A of the municipal land use law is certainly advanced in terms of guiding development of land public health safety morals and welfare. site
improvements we heard about with the golf cart movement across the parking lot that exists today is going to be minimized and we're gonna have more secure storage area for the golf carts is going to lessen potential conflicts between both pedestrians and uh club members coming and going through the
parking lot. So that's a that's certainly a safety um enhancement for the club. The uh shade structures themselves benefit the tennis players, public health and safety and welfare and providing place for shade and get out of the weather. Um so those are those are
certainly benefits. Also purpose G in terms of providing sufficient space and appropriate locations for a variety of uses including recreational uses. Um this is continuing the viability of the the country club that's been a member of the community for many many decades and
continue to be so and this is a enhancement to maintain the status quo with its membership and and enhance the facilities that it offers. And then finally, promoting a desirable visual environment. Purpose eye. We heard from Wayne in the architecture discussion how
the tennis building is being designed in context with the other improvements in other buildings on the site that's recently been through the process of modernizing. And then also the card storage facility, the uh significant visual improvement because they'll be tucked under and won't be out and about
in the in the open air. As to the negative criteria, I think the context of where these improvements are taking place really speak for themselves. There aren't any neighbors, either residential, commercial, or or other uses that will even perceive any
of this. The only visual impact that's possible is from the roadway. Um, I think we have very limited visual impact and the enhanced landscaping in conjunction with Mr. of report and the um lighting will be consistent with
what's out there today and has been modified and reduced so that there's no spillage of any consequence onto a roadway. And then last but not least, in the context of the township zoning ordinance and master plan, the use is is permitted. So we're doing what we're intended to do within the zone. And
there's limited discussion really about this zone in the master plan, but there is one objective that's that's similar to the purposes of zoning that's referenced about providing a variety of recreational opportunities to serve the needs of all ages, including indoor and outdoor facilities, active and passive
recreation. So, continuing the club's mission and providing that many hours is consistent with the master plan. So, um, I would offer that there's ample justification to grant this relatively minor relief and happy to take any questions.
>> Any questions from the board? Any questions from professionals? >> Warner. >> No. Any questions for the public? >> Okay. Thank you very much, Mr. various just advised that yeah we we should have public comment before submission
testimony. Uh are there any members of the public who would like to comment on the application? Well, thanks. >> You just want me to stand up and sit down. >> Um, okay. So, not to belver the
presentation um as we've just heard the expert testimony um from the applicants professionals and the planner. Mr. Barry just went through all of the proofs. Um, and I just want to summarize by saying that the proposed improvements have been designed to conform with the site plan
ordinance and the applicant has agreed to address the recommendations of the junctions um professionals as discussed by the civil engineer and reflected in exhibit A7. The tennis courts and the tennis building are located in an area that's
closest to Route 124. Um, the nearest residence is over 482 feet away. um which is screened from the club property by mature landscaping. The existing courts are currently not in compliance with the ordinance. Um
they're 33.8 ft from the property line. The minor expansion of the ports necessitated by the addition of the two shade structures uh will result in a distance of 14.3 ft from the property line. The shade structures uh which are necessary to
protect players from weather, heat, sun, and exposure as well as to provide an area to rest will be 84.1 ft from route 124. Um, it will be virtually impossible to perceive the closer distance of the courts to the property line and this
location of the club or the distance of the shade structures from the property line due to the existing fencing on the property line. Tennis court fencing, the landscape screening and the speed of the cars driving along this portion of Norris Turnpike. Uh, the chain length
fencing which currently exists at 10 ft is simply being relocated due to the minor tennis court expansion. Um, this fencing is typically associated with sports courts for safety reasons and the view from offsite will be substantially the same as what is existing. The
retaining walls necessary to accommodate the access to the underground golf court golf cart storage range from 1 ft to 11 ft and will have fall protection. The increased height over the six feet permitted is necessary for stabilization
and safety of the area to allow the golf cart storage. Um, it is internal to the site and will have no visual impact on the neighboring residences. The proposal advances several purposes of zoning as just testified to by the planner. Um, there will be no
substantial detriment to the public good nor substantial impairment to the intent and purpose of the zone plan and zoning ordinance. Uh, because as testified to by the applicant's experts, storm water drainage will be appropriately managed. Um proposed improvements are located a
significant distance from surrounding properties. Tennis court and small shade structure will not be easily perceived by any passerbys um due to the existing and proposed fencing, landscaping and speed of cars. There's no anticipated increase in
membership or intensity of use. Um there's no related increase in trip generation to the site or off- streetet parking demand. Um and the proposal will provide an >> Thank you. >> If there's nothing further, Mr.
Chairman, I can tee it up for the board uh for consideration. And uh please anyone anyone at all correct me if I'm wrong but I understand the application of polymer and final major site plan approval and bulk variance relief uh for
these shade structures set back to the property line of 84.1 ft versus 100 ft. Uh the expanding tennis courts set back to the property line 14.3 feet versus 100 ft uh minimum required. Uh retaining
walls uh from 1 ft to 11 ft high along the lower golf cart storage area. Whereas 6 ft maximum permitted for retaining walls and fences and the chain link fence surrounding the tennis courts
uh as high as 10 ft in height whereas uh 6T maximum uh height permitted or as mentioned retaining walls and chain length fences. Those are the four bulk variances at issue. I have the applicant stipulating to all the conditions set
forth in the planners report and the engineers report both of October 10 uh as well as the fire officials report of August 15, the foresters report of August 18 and uh there was no concerns expressed by the police department in
their August 25th memo. >> Can I just ask a question about the engineers report? So, we're agreeing to address the report as stated by the civil engineer and what's in exhibit A7.
>> Correct. I'll I'll uh given that the engineer our engineer had an opportunity to review it and follow it up with questions. Uh that's acceptable to him. That's how I understand the stipulations. In other words, as set forth in your exhibit A7 with respect to the engineer
and the planners, >> the the only clarification I would put is the consideration of guide rail or some other protective means along the service drive at the southwest corner of the tennis courts where it's currently
2.7 ft and something at the entrance drive to the golf cart storage area of providing something Yeah, >> right. As as stipulated to by the applicant, I was going to get to those two caveats uh to the reports, but yes, uh one was your right item number seven,
southwest west corner proximity uh to the drive aisle uh and uh and uh the stipulations with respect to uh attempts to uh utilize guard rail or something other than a ballard. subject
to the review and approval of our engineer as well as the uh attempts to expand the distance beyond 2.7T with um good faith diligent efforts to do so again in conjunction with our board
engineer. Um >> that incorporates a comment looking to potentially take out the strip of the >> the strip of the >> So so they're you're willing to look into it, consider it and work with board engineer about it >> in good faith. Yes. >> Uh in order with with the understanding
that the expectation is that there will be an increase in the space between the drive aisle and I believe it's the golf part the no the tennis courts. >> I'm sorry tennis court.
>> There's nothing to move at the northwest corner where the golf cart storage ramp goes down. It is what it is. Um, it's just a matter of putting some sort of protection there >> and or pulling it closer to the building
by taking out a strip of >> Well, that that would affect the southwest corner of the tennis courts and increase the 2.7 ft to something greater. Moving the tennis courts isn't going to address the need for guide rail between
the service drive and the ramp going down. you know, that's fixed. >> So, I understand there's a good faith effort to address both those issues with our board engineer. The goal being expanding the 2.7 ft beyond 2.7 ft uh
and uh and uh utilizing a guide rail andor some other uh structure for purposes of saving. >> Correct. Is that understood to be the conditions stipulated to by the
>> Yes. >> And then the other was the uh service drive on the west side. >> Oh, there it was less than 10 ft to the retaining wall. Oh, no. We didn't. >> That's what we just talked about. >> Yeah. Okay. We got them both. >> We got them both.
>> We're good. >> Never mind. >> I'm good. >> The engineer is good. the attorney and I think they've stipulated that they will work you know with us >> and that will be clarified in a memorializing resolution if in fact it is a an approval. So again we got the preliminary and final with portable
variances uh and you heard from all the witnesses including the planner primarily a C2 argument uh for the variance relief uh and uh it requires a majority of the board. We have seven tonight four out of seven doing the hard
math late at night. Thank you. Back to you, Mr. Chair, and the board to deliberate the vote. >> No, I just want to ask you a question based on previous experience here. Who enforced this condition of approval?
>> Who enforces the the >> So, we know that they are going to be working on this condition. For example, >> well, the board engineer or board planner has appropriate depending upon which conditions approval. They each have their own. construction they will verify that this is being accomplished.
>> That's my understanding but maybe they can they can they're on their own they can speak to it as far as compliance also the administration I we have a construction uh building department that handles a lot of this as well. So, but they they have to they have to
in order to ultimately get uh the approvals uh and the plan certified they have to have all these items uh addressed to the satisfaction of either the board professionals or the town administrative personel
>> and during construction you are going to you are going to verify >> this is all prior to construction. No, I'm talking about during >> so >> during construction >> assuming that the board approves this. They don't get signed site plans until
we myself, Mr. PTO, review it and say that all of the conditions, all the comments in our letters were adequately addressed. Then we'll work with the with the engineering department with Sarah's group that plans get signed. Once
they're signed, then the inspections during construction go to the township of engineers office. >> Correct. Not to us. >> Okay. >> Right. They take it to the plan signature stage and and the town the building department construction department take it right through the
construction process. You know, in some towns we do the inspections. In some towns, town engineer does them because you have on, you know, staff that are employees. But somebody goes through it
and make sure that before they get a CO, the engineer, planner, and the building department are all aligned. And the ultimate thing is they don't get a CO until everybody signs off.
>> Okay. >> So, I think we're back to deliberations and a vote by the board. >> Does anybody have any comments, questions? Anybody like to make a motion?
>> Uh, yep. I second that. >> All right. Just a motion. I'm going to assume it was a motion to grant >> the approval with all the stipulated two conditions. >> Yes. >> Okay. And then I'll assume that was the second as well.
>> Roll, please. >> Cory Biller, >> yes. >> Jorge Master Petro, >> yes. >> Deborah Nez, >> yes. >> Frank Sakamandi, >> yes. >> Michael Zion, >> yes. >> John Baxter, >> yes. >> BJ Hacker,
>> yes. Thank you. And much success with your renovation. Thank you so much. Thank you. Okay. And I can give you electronic ones, too. Does that work? >> Okay. chairman's
member. All righty. Next on our agenda is application 253003. Forgive me if I'm pronouncing correctly. CCATs Fit LLC and CCATs Fit Gym 535 Milbourne Avenue block 1706 lot 2
preliminary and site preliminary and final site plan with C varants and Mr. Chairman if I may uh the have an opportunity to review the notice. It was originally noticed for September 17th meeting date. Um at that time the 200
foot residents uh in Melbourne were notified. Uh but it was determined that the uh utilities and the residents within 200 feet in Springfield Township may not have been notoriized notified uh or noticed. Uh so we did
carry to the October 15th this meeting uh with further notice to those omitted recipients and we have confirmed with Sarah's help that um all parties that were required to be noticed have now been noticed. Uh and of course it was a
publication notice as well all timely for this evening October 15th meeting. So the board does have jurisdiction to hear and decide the application and I believe we'll hear from applicants council perhaps and then at the appropriate time I'll swear all the
witnesses out. >> Good evening chair members of the board. My name is Anessa Shalovicho as an attorney for the >> if you could just lower the mic a bit more. Try like that.
Uh my name is Vanessa Shalovich. I'm here as an attorney on behalf of the applicant of Chris Cats for application 25003. The application is now complete. Seek preliminary and final major site plan approval with the C variance
specifically for relief from the off street parking requirements at 535 Melbourne Avenue. Uh this application involves no exterior site changes. The space will be used for personal training sessions, small fitness classes. At this
time, I'd like to introduce you to Chris Catz, owner of CCA. >> And and if I may, Mr. Chairman, I can swear in all the witnesses. Your other witnesses this evening will be who? >> We're going to have Mr. Nicholas Nie from Planet.
>> That's your architect. Architect and >> Planet. Oh, okay. Uh, okay. And uh if you both raise your right hand as well as our board professionals, Mr. Pedle and Mr. Keller, do you all of you swear to God or a permanent testimony about to give us the truth, the whole truth, and nothing but the truth?
>> Thank you all. Please proceed. >> Hi, thank you to the board and the professional staff for hearing my application this evening. Excited to open my business to shorts. >> I apologize for interrupting. I I do that a lot. I both apologize that I interrupted. I apologize for that. Um,
their address, a business address is fine. >> 535 Mil. >> Thank you. Please proceed. >> Um, I'm excited to hopefully open my business in Milbour Short Hills. Thank
you to Miss Stoie uh for her assistance and Mr. Gerillo for his assistance throughout this application process. Um, I have found they were extremely respectful and accommodating to me and uh I'm thankful that my grandmother and
my aunt are here in support of me. Thank you. >> At this time, I'd like to turn it over to our planner, Nicholas. >> Good evening. Mr. Chairman, members of the board, thank you for uh
listening to us talk about scintillating topic of parking. Um >> but if I may before you begin, you'll give us uh your yes uh full name, address, business address is fine for the record. And if you're being sought
to be accepted by this board as an expert in both architecture and planning, of course, you'll have to give us your qualifications and lensure as such. Absolutely. Uh Nicholas Mi Masf Steven Cohen Architects PC
Construct Architecture and Engineering PLLC. Stephen Cohen being a subsidiary. Um business address 63 Moran Avenue. That's M O R in Princeton. I'm a licensed professional planner, a
member of America's citiz planners for almost 16 years now. Uh I've testified in front of zoning, planning boards, governing bodies in the state supreme court and roughly 70 or 75 times across the state in the last 15 years. Point of
clarification, I am not an architect. I'm a PBAICP. My firm also has architects and engineers. And your license for planning is current in New Jersey. >> Yes, sir. >> But you're being sought to be accepted
as an expert in our architecture only >> providing the planning testimony for the uh relief. >> I understand. Gotcha. Okay. Thank you. Defer the chair. Yes. Thank you. Uh Mr. Seable to the board as planner.
>> Thank you. Appreciate it. Um, I'm going to try to run through this quickly. Very simple application. Uh, Luther Katz is opening a uh private one-on-one personal training studio and small group class
uh studio, same operation. Uh, located at 535 Mo Avenue. Simple change of uh tenant. Um and then classes are
second. Okay. So one one point of clarification is a private not open to the public uh membership based um personal training. It's more enterprise facility. Um
one of the key elements is that classes are staggered. They're capped at 10 uh with two one-on-one personal training sessions at any given hours. A little bit more than 50% of the class hours are
held before or after 9 to5 business hours uh in the district. Just for context, that was important. Um the subject site is located in B3
um business zoning district permitted use. The only relief being sought tonight is for a parking various C C1 um which is a common condition on that corridor. There's no on street parking for any of the existing buildings um the
exception of the bank on the west end. Um, one other thing I'd like to add is, bear with me. I forgot my reading glasses, which I just became a pandit for. Um, now I'm not used to bringing them
with me, so might be doing this a little bit. Um, I just wanted to say that the review letters provided by the police, fire, uh, and Mr. Ped's office. Um, we have no objections to anything written in those
uh notes. Uh, I'm sorry, in those memos, there were a few recommendations will absolutely agree to um comply with our signage uh requirements that were also noted on the application. Uh, we had one point we we
omitted the height of the sign that was flagged by Mr. P's memo and we agree that all signage will comply with the coverage percentage requirements which were notated and the height it was notated limited to 2 ft proposed sign is roughly
1.72 ft. Last point is Mr. Cats will mandate and will provide off street parking passes for all employees and that's pretty much summation of the
application. So you can for fact that all street parking does not exist this building. Any questions from the board? >> Can you just clarify? You're saying there 10 classes at a time?
>> No, no, no, no. There's >> Yes. Point of clarification. I apologize. That's where I got caught in my reading. >> So, there are two principal things happening at any given time. There are small group classes which are limited to 10 participants
and a maximum of two one-on-one private training sessions on the other side of the existing space. And how many group small group classes at a time? >> One only >> just one group class. >> Yep. The space is sort of bifurcated in
half the existing building as it's currently um constituted. And one side has some training equipment where the one-on-one sessions take place. That's a maximum of four people at any given time. One trainer,
one client, one trainer, one client. And then the right side of the structure is where the group classes uh take place and they're one at a time 10 maximum participants >> emphasizing the small group atmosphere. >> Okay, understood. And you're saying that
most of this is going to occur before 9 in the morning and after 5:30. >> That's correct. Slightly over 50% of the classes happen up until they actually conclude just before 9:00 a.m. and then the rest happen
5:15 is the next batch of classes. We have um our classes are 5:15 a.m. We have one class at 11:30 a.m. But in between 9 and 5, our only class is 11:30
a.m. And then the rest are at 6:00 p.m. or 7. So it's about four different slots. Then Saturday, >> I'm sorry, say there's a 5:15 a.m. class and then nothing again until 11. In terms of classes now there is training
going on but that's oneonone that's oneonone but in terms of classes 5:15 rest >> and do you see do you foresee any additional classes um early in the morning?
Um well I always right now at least I haven't thought about it just because I'm you know if I do get approved I would obviously have to fill those times but in future I mean maybe but I think I really like the mornings for myself. Um
so I would just add maybe 6 a.m. and then you know obviously it's a good problem. >> And are you the only person teaching? Uh right now I am um but we will be having yoga as well but those are also not
between 9 and 5. I'm only teaching between 95. >> Okay. I think I got a question again. The yoga is also limited to the 10 participants. >> Yeah. Um, it's usually we're going to the only thing we're
going to have is smaller. Nothing will be past that. I don't like that structure myself. >> Any administrative staff that are there full time? >> There's one manager. Um, she switches sometimes she works from home. Sometimes she works she's doing more
administrative stuff. So, she's not there all the time, but she does have an office. >> One important uh point of clarification. um the maximum number of people in the building. So if we have class and two
training sessions and a manager is 15 people in the building. So that's a small group class. The possibility that there be could be two concurrent one-on-one training sessions and the manager if she happens to come in that particular day.
>> Had a question. Is this already in operation. >> No, not in testimony. It seemed like maybe it was >> Mr. Cat ready to go. He's his website is operational. Um class and schedules are
operational not would you ever know if the adjoining properties are vacant or they fully occupied? >> They're both They're both occupied. Yes, that's correct. Um, in fact, I Mr. Gerilla can testify uh or or come up
during public comment period. Um, both Mr. Catz and Mr. Gorilla have been in contact with with both um both owners of either both of those businesses. It's a salon and a um >> a lash studio
>> and I am happy to report that both proprietors have signed up to become members of the private club. Just to be clear, um, would be the owner's sworn testimony. There's been no
operation as a gym. No classes held in that building prior to this because I I've I've heard reports in the community that say otherwise, and that concerns me. >> Sir, sir, I think if I may, I think that was a question of the owner, Mr. Katz,
who's here, so maybe he can answer that question. >> Yeah, we're not up. Um, to get this first. We have been getting our staff already have >> I'm sorry. Can you move closer to the mic? >> Oh, I'm sorry. >> Yeah, I've been finishing everything
like that. Um, >> yeah, I I built the entire place myself having staff meetings working with staff myself, but we're not. Okay, thanks.
Are there any questions for the public? >> I'm sorry. >> Well, we do. Mr. Chair, >> thank you. But I'll go after you mentioned everybody's review letter except for mine. Did you not get mine?
>> It was sent. >> It was sent to the lawyer and applicant. real quick. We only Mr. Warner took care of one of the comments. I will have >> Mr. Warner didn't have your report, so he got lucky. But please, what's the date of that report?
>> Uh, October 2nd >> and >> right the first comment. There is a discrepancy on the plans. Sheet AO A0 states the floor area is 2875 but the parking requirement is based on
2375 >> 2375. Okay. So you'll revise A0 to be 23 >> Yes. >> All right. The second one is if there's any work outside the building the front
Mil Avenue is road any work with in front of the building needs to be coordinated with the county. >> Understood. Um the only work is the improvement sign. >> Okay. Um we made a recommendation
consideration for the board for a bike rack. It is a fitness center. um you know to put a bike rack there in case somebody would like to ride their bike and and have a place to put it. Recommendation for the board to
consider. Um and the last is um there is a change in use. Um we don't have any I we've got some numbers here. uh we asked for you know water and sewer demand calculations comparing
its fire use as a retail center and now it's a fitness center. Um that's all we asked for. Okay. Um, with regards to water and sewer, I not sure would be more. >> Ah, it's right. It's not a change in
Eastville. It's office previously occupied as a professional office. Okay. >> I think there are more bodies but less bodies per Okay. >> Yeah. So we just, you know, didn't seem that there would be >> when you when you find our review
letter, just respond um and say it's nominal or whatever provides some backup. Office and retail has the same water and sewage demands based upon applicable codes. Fitness center is going to be based on something.
>> I'm sorry. Fitness center is based on >> um I don't it's based on occupancy. It's based on number of members off the top of my head. I I really don't remember, you know, but it's in the
code. It it a fitness hold a fitness center because it's not a retail store. It's not an office. It's, you know, not to be too granular though, it's also not it's a private fitness club which is not open to the public, which has
significantly less demand. So what I what I can offer is as a condition we can happily provide response to you. >> That's all one of our one of the folks on our civil side. >> Y that's all we're at. >> Yeah that' be perfectly fine. >> So so just so I'm clear got one through
four four on the change view the water s you're going to you respond the number one revision the AO you're you're going to respond. uh you've confirmed no work on the outside of the sign and the bike rack was a recommendation and you let us
know whether you want to stipulate the recommendation or not. It's a recommendation. I take it not a you know and then the board can decide uh if they accept the the step or if there is no stipulation to do the bike wreck the board can decide what it
wants. No, at this point I guess the question is is bike wreck or no bike rack. It's not required at recommendation. That's for the applicant who's sitting next to his attorney and
they can discuss that while we move on. >> The uh Mr. Pedro are are you done with your questions, Mr. Keller? >> Yes, I'm sorry. >> Mr. Pedro, any questions? >> I have no further questions. >> Actually, I have a question for Mr. Keller. Uh >> yes. Where would where would he locate
that bike rack, do you think? Or could you >> the bike rack would have to be parallel to the building face so that when somebody put their bike there, it wouldn't block the whole sidewalk. Um there's very simple um bike racks. It's
basic basically an upside down U. Um and uh there's choice left side of the building, right side of the buildings. Obviously not in front of the doors. I I I don't you know unfortunately this plan doesn't really give me an idea of
what's next to it. If there's a doorway right next to one side, you know, if they're willing to do this, you know, it would be a placement, you know, so that it doesn't impede pedestrian flow to the
neighbors or along the sidewalk itself. >> Thank you. I I like the idea. I just didn't know exactly how it would work and how big, but what it should look like for you or for the entire six bike. And you know it's about bikes into the
>> Yeah. Yeah. >> Could be. Yeah. Or talk to the landlord maybe putting it on the end of the block. I know there's some some space on one side. So it is possible. I think it's a great idea in the fitness area. So I would ride my bike there as well. >> People can and especially because we
don't have enough parking. So people can bike. >> Yeah. >> It's a trail. No parking. Understood. >> Now they can bike. Understood. Agreed. Uh Mr. Chairman and members of the board, if I if I can offer, you're correct. You know, the a perpendicular
uh nose in bike rack would not work due to the width of the own ordinances and standards, the width of that uh sidewalk. Um can't think possibly at the far end or the other end of the building. And also as a practical
matter, Mr. cap. I discussed that with the landlord, not a condition of his lease. That would be a decision by by the property owner, not by the tenant. Um, but under due consideration, that's a conversation that we would be more
than willing to have with the owner. So, >> thank you. >> Sure, Mr. Warren. >> Thank you, Mr. Ch. Just just as a procedural matter, there were quite a number of waiverss from the completeness checklist. All of which were recommended
uh by our planner based upon uh the fact this is I suspect just a change of use and that's why. Uh so just as a formality if we could have a motion second and uh all in favor to uh uh grant all the checklist waivers per the
recommendation of our planner. I'll make a motion to wave all of the waivers on the checklist as designated by our planner. Have a second. I'll second. >> All in favor? >> Any opposed?
>> Yes. >> The second, but you're testifying as a planner. Um there's one variance. Uh parking spaces zero provided versus 14 required because there's no on-site parking. Um I don't want to steal any
calendar but I assume the planning basis is C1 undue hardship and maybe you can opine and testify to that in support of the barren. >> Sure. Uh that is correct. Um I'll offer just to simplify the negative
criteria. Um, brand new varian supports the purposes of the zoning by encouraging, excuse me, encouraging permitted commercial activity, contributing to the vitality, economic health and well-being of the community of Milburn Avenue, enhances the upper Melbourne Avenue commercial district in
accordance with zoning ordinance um uh proposed uh uh standards and also provides for smallcale commercial activity serving the needs of residents in the surrounding area in compments. with the stated purpose and intent of
the D3 neighborhood zoning district. I'd also submit that there's no substantial attachment to the public good as the uses consistent with the surrounding businesses relies on the same shared parking framework. The application generates a modest control parking demand due to its
membership based model. There's no substantial impairment to the intent purpose zoning ordinance zone plan and it's fully consistent with master plan and the reamination report in 2018 which I completed and if I may that I heard the negative
criteria I heard the positive criteria the positive criteria sounded awfully C2 as opposed to C1 to me I assume then that you're also arguing a C1 with respect to the fact that there's no available parking in there for will be
an undue hardship I assume to uh require the applicant to strictly construe the ordinance and have 14 parking spaces when there are no there is no available location for any parking spaces. Would that be correct? >> That is my submission to the to the board.
>> Okay. So you're submitting both on the C1 and C2 criteria. >> Yes. Okay. >> Thank you. >> Nothing further, Mr. Chairman. Thank you. Um, just before we finish up, I I have another question about a different idea.
Um, would the applicant consider putting a bike rack inside? >> Um, interfering from the >> personal training. >> I mean, I could try. We don't have too
much space like you know very like just in terms of like I'm trying to you know put a lot of things in like I guess 2400 square feet of like gym area. Um I could I could see
how that would work. I'm just depends how big the bike rack actually also cleaniness as well outside and then the door is a little small and people actually like inside
probably >> yeah it would be tricky to navigate the weather is you know now we're introduce looking and fall hazards and weather uh I my professional recommendation is that uh Mr. can't speak with the building on
there see not an amunable solution that also doesn't violate um ordinances the township um there should also be a mutually beneficial things to all the tenants of the building not just Mr. cats for both operation.
>> Great. And potentially if there's an alleyway in the back that doesn't interfere with the neighbors and stuff like that. >> There there is an alleyway courtyard where we egress is that is actually >> pretty good idea. >> Yeah. better. There is one there is one
about >> Yeah, there's like three there's a couple of businesses in two and three and then there's an alleyway in between the boxing place and the new >> correct
>> just just yeah not the point but to have any substantial I can't envision just inside my mind more than accommodating a couple of bicycles in the front elevation of this building without interfering with the
travel lane of the of the sidewalk. So, it's either far into the building or there is an alley and courtyard in the rear of the building. So, that actually could be pretty good solution. Our recommendation was only for a single, you know, upside down U which would accommodate two bicycles
that that could certainly be accommodated on one side or the other. Yeah, I'm sorry. M I must have misinterpreted. Thank you for that clarification. >> All right. Thank you. Questions? >> Yep.
>> Are there any questions for the public? >> Yes, >> Mr. and questions about how >> um we have one other individual. >> Sure. >> Um my questions are really toward to professionals and to the applicant. If
you look at the two reports, the engineers was dated October 2nd and the plan our planners was dated October 8th. If you look at it talks about there'll be no changes to external reports are silent
as to internal alterations. I believe we've heard testimony that the party use was in office and I don't think and based on Jorge's comments can I maybe I should be sworn in I don't
>> are are you about are you asking >> the question the question is is it our experts um representation and the applicant representations that there will be no or there will have been have been or there will be no alterations interior
alterations What is the reports only talk about exterior and based on for's comments? How would if interior alterations been made prior without any permits? This is an enforcement issue that you raised before. I would like to know whether our
experts visited the site and they can testify based on the reports whether they not notice any interior alterations or modifications because the reports only talk about exterior. Were there any
interior alterations or modifications since the submission of the application which was the um representations were all uh June 28th. The application is dated uh 7:30 and was deemed completed
on it 9:13 and the reports are in October and I think we need a factual representation because there's a larger issues going on in town whether um alter interior alterations were done if they were done were they done with permits
that's enforcement that the engineer or the planner was something city thank you >> so That's their wish, right? >> Yeah. Yes. The application engineers. >> I don't think that's for this body.
>> As as a planning board, interior modifications are the purview of the building department. We don't comment on interior >> renovations or anything because that's not a planning action. So what happens
inside the building is a responsibility of the township building department, not this board or Mr. Pedto or myself um as your technical advisor. And so if somebody has a if I may somebody has a
question or concern with respect to something uh that someone perceives should or should not have been done vis from an administration standpoint. Uh this is the wrong place. Uh so that question could be posed to somebody a
town hall between 9 to5 I guess Monday through Friday or what have you. >> I thank you for that clarification. >> You're welcome. That means that we do have the owner here. >> Certainly the owner can speak to what was done and whether they got permits. Sure. >> That would be helpful. I'd like to know
the answer to that because it may indicate we have a problem with town hall construction and whatnot. Um it would have no bearing on this particular application's approval. I think since the question was asked be nice if we had an answer.
>> That's from the whether it's the applicant or someone on behalf of the applicant. >> Yes. So um Mr. Cash Mr. Excuse me, Mr. Cats retained our office for planning and architectural services. Architectural team as of today has not
determined that any of the interior improvements that he's proposing necessitate a permit. um putting gym mats down, painting the walls, changing out light bulbs, and assembling gym
equipment don't necessitate necessitate a construction permit. Um so as of now bathrooms as they exist remain uh everything is as it remains other than the rubber or composite flooring
mirrors on the walls, paint and light fixtures which none of which necessitates a building permit. Thank you. Any other questions from the public? >> All right. Are there comments from the
public? >> Well, I think Sorry to interrupt. Did you say there's a third witness or not a third? >> No, no, no. You said public comment. >> Okay. I apologize on the mic. >> Then we're up. Yeah. >> All right. Public comment.
>> Thank you, chairman, members of the board. My name is Steve Brillo. County, executive director of the town special improvement district, exploring Milbourne, Shore Hills. Um, Mr. Katz asked me to come here tonight to to speak sworn. >> Yeah. Yeah. He's got a big He's got a big day. The business address first,
please. >> Business address is Milbourne Town Hall, 22 East Street, Milbour, New Jersey. Um, please raise your right hand because we're at public comment now. So swear I swear in people during public comment >> not only normally it's it's it's it's
legally required always. >> I would actually like to offer um an answer to Mr. Miller's question about >> you can do that as well. So certainly you could speak anything relevant once you sworn in. Do you swear to God or affirm that the testimony you're about to give is the truth, the whole truth
and nothing but the truth? >> I do. >> Thank you. Please proceed. Uh before I I enter my very brief comments um about the economic development the importance of this project um there the way the building is situated it actually protrudes out from the building on the right uh which is the last studio it's
maybe five feet or so um but if you did put in a um a ballard to utilize for bike parking you could park a bicycle in that little alpo um so it's just a matter of how the building is shaped but the building does protrude out um from
the other building so it's possible. Um, and I'm certainly now that I'm sworn in, if there are any questions that the board has for me in my professional capacity, happy to answer. Um, so as an executive director of the improvement district, I have the pleasure of representing over 520 businesses in five
commercial districts, including Upper Melbourne Avenue. Uh, this is where Mr. Cass's business located. I'm here this evening to express my strong support for his application. I respectfully request your approval. I've been working with Mr. cats on various aspects of his onboarding process over the past five
months and I think that his business will be an excellent addition to the Upper Melbourne Avenue District. For purpose of context, Upper Melbourne Avenue is the second smallest of our five bid subdists. It's home to 46 businesses, which is just about under 9%
of total in bid. It features a diverse mix of professional offices, salons, beauty and fitness studios, as well as children's enrichment businesses, and a variety of retail stores. Um, it is in it's a very diverse subdist. And as we think about this application and the
future of this corridor, it's important to note that in June of 2020, the commercial vacancy rate on Upper Milburn Avenue was 23%. Since then, it has declined more than any other district to 10% thanks in part to a combination of the new development at the Metropolitan, cohesive marketing,
branding, and events, and investment by entrepreneurs who have opened no less than 16 new stores since 2020. And we hope that Mr. Cass will be number 17. And while the district has many strengths, it faces many challenges as well. The 10% commercial vacancy rate is
the highest in the five bid districts compared to 4.6 6 across the entire district and 2.8% in the downtown. And this is exacerbated by a number of white elephant properties which owners have not made efforts to improve or lease. There's also physical challenges
including limited parking. Therefore, we must support the applicants that come before us and recognize they're part of a larger effort to continue to support the vitality and growth of Bill Fernand. Mr. Catz is a young, energetic entrepreneur with an established and loyal customer base, eager to see him
open a brickandmortar location. He's already demonstrated strong community engagement through his participation in exploring over Short Hills events and by building relationships with his neighboring businesses, many of whom have expressed enthusiasm for the foot traffic and complimentary activity that his gym will bring. We want Mr. taxes
customers from outside of Milurn and Short Hills to visit his gym and decide to get their next haircut at Janelle Salon or buy a new suit at Enzo Custom Suits just opened. Grab a smoothie at Taste Buddy just celebrated their 4th anniversary or enroll their kids in the programs at Coder School or Tiger Shing.
Upper Milbour Avenue has amazing potential and I believe that Mr. Catz will be a part advancing that effort. Thank you for your time. >> I have one question for Steve. Yes, sir. >> Are you gonna make a fun video if if the application passes
are we going to see you in like a a one-on-one fitness kind of thing on that? >> I have no idea what you're talking about. I never do funny videos of any costumes or anything like that. Um, yes, absolutely. And uh we will have a great grand opening celebration and uh it'll
be a wonderful opportunity uh to to celebrate Chris's accomplishments. >> Thank you. My >> you swear to God testimony you're about to give us the truth all the truth and nothing but the truth. >> Thank you. My name is Jeffrey Bell 11
Alexander Lane short of New Jersey. Um the public comment is about parking pirates. It's an issue that we've been having on upper Miller Avenue that people get approvals from various boards as to getting permits and there's no enforcement but there's been a
representation that they would buy permits for certain employees that you make that put that in specific number and it's done um for them that we monitor it. Thank you. >> And I did understand that to be if I may Mr. chairman a stipulated to condition
by or or part of project and that's what so it was there a quantification of the number of permits I think there was a quantification of the number of employees >> um can may I speak to that just to answer the question
>> with the chair's permission anyone can speak okay um so um I I understand Mr. 's comment and and he's right, but to quantify it doesn't necessarily to quantify a number of parking passes doesn't reflect the process that our
parking passes are issued in. So, we have um transferable passes where three license plates can be assigned to one pass. So, in theory, if three people work on three different days, you would get one pass for those three vehicles.
You can also get the full permanent pass for one vehicle. So to stipulate that a specific number of passes needs to be issued doesn't correlate with the way that we do it. You'd have to figure out its number of employees or something.
You can't quantify that there has to be a specific number of passes because transferable passes and full-time passes the numbers wouldn't add up. That make sense? Candidly, it sounds like it's something that can be accomplished. um the the the uh whether whether it's
simply uh all employees at any given time will be subject to or or have an entitlement to a pass uh uh or whether it's an actual number that covers uh well the employees that are proposed to
be at the site. I think I think it's achievable. Well, I'm not disagreeing. I'm just the verbiage is important, right? Quantify >> and quantify would mean that you have a specific number. Someone can give us the what the commitment is and we can put it in the resolution. >> Okay. That someone would have to be the
applicant. >> Um there just needs to be figured out and and explained. >> Anyone who is working at time will be part
two people. There's not a board at >> so all employees will be covered by a parking pass permit >> or pass whatever it is. >> Okay. Thank you. >> We'll have the location. >> Okay.
Are there any other more other further comments for the public? Do you want to hear from his grandmother like to speak to you? >> You can't say no to his grandmother. >> The
Sure. Yes. Please provide for the isolation for your for your for the applicant. >> Okay. Unless the board or has any other questions for the applicant or any other comments, we respectfully request your consideration approval of the variance presented. We're confident misuse fits
well within the existing neighborhood context and will bring positive energy and vitality to the commercial corridor without any substantial detriment to the public good. Thank you very much. >> Thank you Mr. Warner. Could you provide us the summation? >> I'll do my bestful motion.
>> I have a preliminary and final site plan approval and one variance for number of parking spaces 14 required zero proposed uh given no on-site parking. who had heard the planning testimony with
respect to a potential C1 andor C2 basis for the relief. Uh the uh the stipulated two conditions were as testified to uh the four items uh on our our engineers report dated
October 2nd it was uh as well as the items in our planet report dated October 8. And I do not believe there were any other reports. I didn't receive many. Um the uh and the park public conditions uh
we have I'll call it the all employee will be covered by parking permit or passes uh condition approval that was stated to by the applicant in addition to those items in the two reports I mentioned. And I don't
believe I have any other stipulated to conditions. So if it is a motion to if it is a motion to approve, I'll assume it's for that relief with all those conditions. >> And they like to make a motion to approve. Motion to approve.
>> Second. >> Please have a roll call vote. >> Cory Biller. >> Yes. >> Jorge Master Petro. >> Yes. Deborah Neas, >> yes. >> Frank Sakamandi, >> yes. >> Michael Zion, >> yes. >> Jonathan Baxter, >> yes. >> Serena BJ,
>> yes. >> Gaston, >> yes. >> Thank you very much and good luck. >> Thank you very much. >> All right, good. I I think that wraps it up in tonight's agenda. >> Motion to move.
>> Second. >> Second. All >> in favor? >> All opposed. Well done. I know. I was thinking about it like >> you need to take that break. No, never exist.