for which it stands, one nation under God, indivisible, with liberty and justice for all. I hereby announce that this meeting is being held in accordance with chapter 231 of the Open Public Meeting Act. Proper notice of meeting dates has been
given to the Morris newsfeed and the Morris County daily record and posted on the bulletin board in the bur. This meeting is a judicial proceeding. Any questions or comments must be limited to issues that are relevant to what the board may legally consider in
reaching a decision and a quorum appropriate to a judicial hearing must. Roll call, please. >> Mr. Mr. here. >> Mrs. Steer >> pres.
>> Okay, before we get started tonight, I want to acknowledge uh Miss Spatch Trion uh who's sitting in for Miss Lane tonight. So, welcome. Thanks for coming. >> Appreciate it. Uh the first item on the agenda is the approval of the meeting minutes from September 15th. Uh each of the board members have received a copy
of this prior to the meeting. Does anyone have any corrections orations? >> On page 387, the reference under the comments from the public 501c3, it's 501 CN.
And then on page 391, several paragraphs down where it says Mrs. on the cover sheet of the package. She agrees with Mr. Rizzo's board of adjustment member and mayor
car. Mayor Carr is not on the board of adjustment. It is Mr. Mark com. Anybody else? Karen, you have those corrections? >> Okay.
So, can I have a motion to approve these minutes with those stated corrections? >> So, moved. >> Second. >> Second. >> All in favor? >> I. >> Anyone opposed?
>> Correct. Okay, next item on the agenda is comments from the public. Uh again, this is specifically for matters that are not on tonight's agenda. None. Okay. Uh committee reports, minor site plan
committee, any updates? Master plan review committee. No updates. Okay. Uh Karen, correspondences and bills. Are there any? >> Yes, there are no correspondence.
>> We got several bills. Purchase order number 20251833 Falcon LLP for General Legal Services 43750. Field number 20251807 Anderson and Densler for general engineering amount of 48350
number 20251832 Falcon for McDonald's litigation $2817550 Sorry. Number 20251792, Phillips Priest and Regel for General Services, $7125
and 20251791. Also, the Philips Price Regel Services 165 Is there a motion to approve? >> Second. >> Second, >> roll call, please.
>> Mr. >> Yes. >> Yes. >> Mrs. >> Mr. >> Mr. Houston. >> Yes. Yes. >> Okay. Next item on the agenda is
applications. Uh tonight we have PB-1-25 which is for Rivian LLC 329 Speedwell Avenue block 23 block 1.01. Uh tonight the board will review the application for completeness only. So no
testimony will be heard. >> Thank you. >> Representation. >> Sure. For the record, Joe Pero from Porzio, Bronburg, and Newman on behalf of Rivian LLC. As noted, uh this is an application for completeness of the preliminary final major sub I'm sorry,
site plan application that was submitted. Uh this site is 329 Speedwell Avenue. That's block 23, lot 1.01, the former acting site. Um the application that was submitted was to convert the site and the existing building former
grocery store into a Rivian electric vehicle service center uh with some uh electric vehicle charging stations on the site. Uh that application was submitted for the board's review and for the consultants review. Um as set forth in the checklist, the preliminary and
final major site plan checklist. We've noted three waiverss from the checklist submission requirements. Um we have our project engineer here uh to provide any additional clarification or testimony in support of those waiver requests. Um there justifications are set forth in
the checklist. But again, Mr. Dart is here to answer any questions to provide additional feedback on why the applicant requesting those submission requirements. Thank you. So
>> microphone or you can sit down. >> So Mr. Riley, let me ask you a question. Do we need to do this at this point? >> Well, that's up to you, Mr. Chair. Maybe I can go recap my report here. >> Okay. So let's let's let's do that
first. Okay. So before I have you start um I just want to make mention that all the board members receive Mr. Rise report dated 1010 um and Miss Laney's report dated 1016. Miss Laney's report basically mirrors the engineering
report. Um Mr. Ryden highlighted some missing information on checklist ENF uh any recommended waiverss on a few items. At this point I'd like Mr. Ry to just take us through that. >> Thank you Mr. So again, this is my October 10, 2025 report regarding the
completeness holding of this application. I've noted there are five uh deficient items or missing items from the checklist. Those being item 18, which is the list of properties within 200 ft, item 34 C, which is storm grains
site not provided. Item 35 C storm drains within 200 ft of property not provided. Item 38 from a qualified wetland expert not provided item 39 regarding recycling
information. I also noted for four request I noted four here in my report. Item 36, drainage area not provided. Item 52, landscaping provided.
Item 57 C, another landscaping plan is two different versions of the landscaping requirements in the checklist. And item 58 C, environmental. So those are those with the waiverss notwithstanding there's still five
missing items which would put the the application in the incomplete. >> So with that answer any questions or further >> so does the board have any questions Mr. Right. I I do have why did you recommend
um the wavers for landscaping the environment? I felt the the landscaping plan was was minimal here. We could deal with that limited basis during the process and it would be that would be
indicated in my report on the actual application merits of the site plan itself. Same thing with the environmental impact state that's typically for developments involving new stripping land, tree removal, soil erosion issues,
all those kind of things. So that's not the case here. If there any any of those factors should come up again during during the hearing certainly ask these. So that was my reason
but we're considering a wic >> but not I don't think that's the case. So they they No, I'm sorry. The recycling day they did not provide. So that's a deficiency. >> Okay. >> But they're not asking for a waiver. >> I'm just making sure that we >> Yeah. So >> Okay.
>> Well, they'll have to address that, >> right? The same thing. >> That's all I have. >> Go ahead. >> Just the for the weapons expert not provided I don't think weapons
right now >> yes that's not for me to decide if they want a waiver they have to ask >> follow Mr. Wolf's inquiry I strongly disagree with the um
not requiring landscaping plan. So, I'd like to give you a little background here. Um, Bretton Woods, which was a very popular event venue, was known for its awardwinning landscaping and gardens
when Harbor Terrace bought the property from Breton Woods. um they were proposing development there and we met with them to uh discuss with them our strong desire to keep the
landscaping the way it was and if you're familiar with it I think you'll understand they kept that beautiful copper beach tree that is sort of the center of their landscaping and all the beautiful um shrubs and plants and
flowers and now some very uh appropriate um uh holiday decorations and um that was our opportunity. This is now our opportunity to make that property
which is you know really the beginning of our burrow to make it beautiful. So, I would strongly recommend that we require a landscaping plan and also some landscaping along East Tanner Avenue. There's plenty of room to create an
attractive site. There are 163 parking spaces on the site plan. 18 of them are EV spaces. They're only required to have 22. Uh that's according to the traffic report that that your expert provided.
So, this development is pro is approved without a landscaping and an extensive landscaping plan. We're not going to get this opportunity to do that for a long long time. So I would say that when you
if the board requires a landscaping plan that you carefully look at Arbor Terrace and take your cue from them because that's what we would like to see. It that's my opinion. It's up to the board to decide, but I'll also
quote here from the um let's see, this is the board of adjustment resolution 2204 when um when the what was this for the u storage unit. It says, "This site has
substantial frontage on East Anniver Avenue and is a gateway to the burrow, a book end of the main thorough fair and a destination for anyone in the burrow and neighboring township and easily walkable for nearby residents and business
people." And then it goes on to say, "A stated goal of the master plan re-examination is maintaining and enhancing the viability of the various commercial districts by promoting a desirable pedestrian environment within the
downtown business district and promoting a desirable visual environment and preserving the small town characteristics of the downtown business district. Among the recommendations of the master plan was to examine all the permitted uses in all of the
non-residential zones in order to permit a more experiential type retail to combat vacancies in the downtown. So that the storage unit was not approved, but this did come from that resolution.
So um maybe the board would like to reconsider that. Anybody else have any comments? >> Um, sorry. Yes. >> Yeah. I I would just like um actually to
reiterate um Mccclusky's point. I think that um if I'm if I'm understanding this correctly and maybe Mr. question you um if we grant a waiver on the on the landscape plan at this point um does that mean that they do not have to
provide one as package. >> It means they don't have to provide a landscaping plan to be administrative to complete. Does not mean that the board can't ask for landscaping during the course of the hearing and testimony the deliberations. >> Okay. So, kind of putting it putting it
in different words if I may, right? To get to be able to get it in front of the board, we can uh grant the waiver, but then require that they provide a landscaping plan as part of their final package. Correct. I would defer but that's my opinion has
done there and it was typically 10 days it was always has done that has the ability to do it and when you've done it occasionally you said um you have to provide the information for which waiver was being
granted would have to be provided 10 days before the hearing date so that it would have done that. >> Thank you. >> Okay. Any other questions regarding that
for Mr. Ryden and his report? Okay. Um Mr. H. >> Hi. Good evening. Um actually my My main comments on our report were what's just been discussed, the idea that, you know,
you may at this point wish to require a landscape plan or address the landscaping through comments during the site plan review, but um all of you on that, but that was something that we also thought was um potentially deficient.
>> Any questions from Miss Ly's report? So tonight my plan was to have um two motions, one for waiverss and one for completeness in light of this discussion just so I
understand and we still do waivers push that through so these guys know what they have and then from a complet That's ultimately. >> All right. So, so with that
with a recommendation from our professionals, I have a motion to grant the waivers requested. Uh just so we're clear, right? The waivers being requested are uh item 36, waiver for drainage area maps. Um item
52, a landscaping plan, item 57 C, additional landscaping plan, and item 58 C, environmental impact statement. Those are the waivers. >> That's correct. I'd like to hear from the as a
I don't know. Do you want to desire to have a position? So I guess engineering engineer. Um so I hearing all feedback from the board. I think you would amend our requests to also add in
number 38 regarding the wetlands. Um and then the reasoning there are being a fully developed site which the to repurpose uh based on the geo web mapping nothing was shown in the area on
our site for for wetlands that's why we request that waver think I want to add a few additional wrestling number 18 the names of owners lots we that on our recovery sheet that's
perhaps notice or something that could be addressed in that is that something else that was submitted then our numbers
34 uh the the storm drains on site. Um while agree we don't have full detail of that on current plans. Uh again a fully developed site. Um there's a way to request in the meantime if the board
proposes obtain that information as the application forward that's something we could see to plan that information. And on 35 C, we would request a waiver from showing
culvers and storm brings within 200 ft of the property. Again, be fully developed. We're not looking to change any of the infrastructure around the property and we're looking to maintain everything that's currently on site. And then just one more additional waiver
which would be from 49 um the recycling information. So yes that was not provided the application package but we would look to provide that out operational testimony um during public.
So, can you can you just explain the two different 52 is called for a generalized plan of landscaping showing basic treatment of all 57 calls for final site plan to show
contours. Sorry, there's there's several parts to that and the one is C is the location size and type landscape including shade trees, garbage details, the fences, walls, similar facilities. So it's like I said
before some reason there's two different requirements for landscaping. I had to know both. >> But essentially that covers both of them. >> That's correct. So either way, both of those are neither. >> The only comment I have here is the item
18 from both municipalities that Mars Township I didn't see on his list Mars Township. I don't think that >> well we supply just if I could be heard we supplied both lists separate apart
from the site plans those were submitted to the case that's fine I did not receive those lists >> that's as long as it's I do not have it at the And that's from
>> the other the other request that we just added tonight. All the ones that I can support all of those except perhaps recycling still. >> So So 34 C and 35 C.
>> Yes. Clearly not Right. >> Clearly not applicable here. But again, I noticed they didn't ask 49 regarding recycling. >> So that's data not provided. We need that. We need that >> with no wave.
>> No, I was required to be no wave. >> Yeah. Correct. >> Okay. The only thing the only thing we would just add is that we would be happy to the board were inclined to bring the other waivers with the exception.
We would be happy to submit that along with the landscaping information prior to the hearing. So we both of those just to move off of completing because our intention is to address the landscaping as well. So is that
something? >> I don't know. We'll have to have another completeness here and that you can do that in two ways. You can have just a completeness hearing to deal with with whatever they send us in the interim here or you can have a completeness hearing and if it's
declared complete move right into the public hearing at that same at that same bill is that you give them advice to him beforehand. You're not going to vote tonight.
incomplete, but that and the application next year. They'll notice it at their witness and the application that's with the understanding they provide that bill. So as part of that denial tonight
deem incomplete, are we going to at least approve that recommended >> and then so just to clarify right because I believe Mr. Dwarte was was recommening
that Essentially, we wait for every single thing that's on this list. >> And the risk of that is that if they don't build in time to review that you've already complete and time. >> So that that's the reason why you have
them the same day. So they're they're not going to get delayed, but they're on the fraction. Prove this. So the vote would have to be enfor. And then the second vote is going to be
whether or not and I will tell you how to do it. But but that next board you don't have to talk doesn't start running for you to approve but they know exactly what they have to do. They put everything on time.
>> So let's let's make sure we're all clear or I'm clear. So waivers that we're going to um recommend forward are items one, two, three. uh site plan checklist
um number 36 52 57 C and 58 C only one that was mentioned was the recycling data and Mr. Based on your professional opinion, you do not recommend waving. >> Correct.
Just just technicality. Item item 18 the property doesn't have to be weighed. Apparently that's all in place. >> That's Yeah, you said that that was okay. >> Well, that's what heard here tonight. >> Correct. >> So that doesn't
come. >> Okay. So, so we ask >> again sorry just to clarify right a lot lot of things I just want to be clear yeah I think there would be a motion to there be a motion to approve the
following wavers listed on this. Number one, number two, number three, four, five, and nine
check. So again, remember one was the list that needs to You haven't seen it and looked at it. >> Okay. >> So, I would say it is I'm saying it is >> okay. >> Yeah. You haven't looked at it.
Confirmed it. It didn't come in at the time. >> Then you got the same effect. By the way, the address is >> all right. So with the recommendation again from our professionals and I have
a motion to grant the waiverss requested which are items one 2 3 4 5 9 and then the checklist variances one and two. Can I get a motion to approve?
>> Musli, >> correct? >> This is for Okay, Karen. Thank Yes, >> Mr. >> Yes, >> and then with the recommendation from our professionals, can I have a motion
to deem the application incomplete? >> Incomplete or complet [Music] So >> second >> second >> yes >> did you want to add to that that we would put those if they provide all the
information. >> I don't think that's on the motion but I was just going to say yes to add so if all the information comes through we can approve the application deem the application complete next month and then
go right >> so they'll both be scheduled on the agenda complete and hearing so we would need a notice for the sub notice for it your risk if they're not provided uh sufficiently to build complete Gota
hearing fire safety. >> Sure. Absolutely. Okay. Uh, next. >> Thank you very much. >> Okay. Next item on the agenda is old business. >> New business.
>> Okay. Uh, next item on the agenda is our executive session. So I'll have Mr. Brewer read the resolution. >> Planning board resolution number 25-13 resolution authorizing session
be resolved by the Morris Plains planning board in the county of Morris and city of New Jersey as follows. The Morris Plains Planning Board shall adjourn to executive session 10-126
being the open public meetings law in order to discuss techniques to protect the safety of the public. It is not. Two, it's not known present time when the matter under discussion. Three, the Morris PL board shall convene following the executive session to consider other
matters on its federal or regular meeting agenda. Four, this resolution shall Uh, can I have a motion to go to session? Okay. Miss >> Do you want a roll call? >> I do want to roll.
>> Okay. Mr. >> Yes. >> Mr. >> Yes. >> Mr. Bessel. >> Yes. >> Mrs. Mr. >> Yes. >> Mayor. >> Mr. Houston. >> Yes.