if they weren't sub decide good thing or list is okay good evening everybody this is the Mars Plains planning board meeting March 18th 2024 please stand for the plge of allegiance to the of the United States of America and to the for stands Nation God indivisible Justice for All Justice for I hearby announced 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 Mars newsby and the Mars County daily record and posted on the bulletin board in the burrow Hall 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 the quum appropriate to a Judicial hearing must be maintained at all time roll call please Mr pres Mr pres Mrs Kelly pres Mrs ster present Mrs mclusky here Kelly Mr bezel mayor car present and Mr Dr present Mrs mlus please move the speaker micone closer to you there we go okay are there any uh comments from the public on matters not on the agenda for tonight okay moving on we'll close that portion of the meeting correspondence do we have any correspondents Karen no we have no and um Mr D will do the Bills yes uh I'd like to move the following uh bills uh from Anderson and densler uh Professional Services for the month of February $235 188 and from Philips price and greo for Professional Services for the month of January $915 we have a second second roll call please mayor car second yes who's you second yes right okay all right Mr Oran yes Mr G Baga yes Mrs Kelly yes Mrs Decker yes Mrs mclusky yes mayor car yes and yes okay we have the minutes of the February 12th 2024 meeting are there any correction or additions yes we did the public okay the uh any corrections or additions to February 12th no okay could we have a motion to approve the minutes so move second second all in favor I I opposed abstain yes okay here we go we have H application PB 4-23 1625 root 10 LLC 225 Littleton Road LLC we're here for the uh reading and approval of the resolution good evening for the record Tom on of the applicant I had an opportunity to go over the resolution with the professionals U Mr malman I think there are maybe two or three issues he would like to address maybe address okay left um the resolution is still in black line with a few of the issues might be easier to refer to um and then they'll be easier go first before Andy did a great job with the resolution as usual he and I have had a little back and forth over the past couple of days I've got just a few Min coms I'm working off the black line copy we got today is that what the board has and I'm starting on page 11 of that black line in paragraph and it's a second sentence J says he testified that the lights facing Signature Place will go on with the parking lot lights and only be on when the stores are open I've been advised there could be some security lighting that may have to remain on longer than that that's really the issue is there a special division to allow for securitys along the back so let's just stop I would refer to the engineer then board do one by one um that's acceptable but the lighting plan needs to be revised to be very specific as to what security lighting we're talking about um are we talking building mounted lights pole mounted lights but I need to know with all certainty what lights are proposed to be on Beyond uh the discussion here um just just need to know that that's fine we can accept the condition that require so I want to get just have the propos I think it's going to be so uh we'll go on with the parking lights on and only be on during business hours and for security purposes security you could be beyond the business hours just security the point and for security and then condition are they going to be on overnight over it's in the black line page 11 you have to have the black line copy there oh it just shows changes you'll see like deletions and additions okay now I'm with you JJ JJ it's a second sentence of JJ and this applies to a future phase correct there for the record Eric Keller home consulting I understand I'm still under oath uh it would apply to both phase one with building a and then also with Building B which is right or uh and it's just that area between those two buildings and Signature Place and to the extent sunrises back there so we would pick a couple of polls so that for police purposes and for General Security of that area that the area is not dark you know so we would have enough lights on that um and they'd be pole mounted lights other than whatever building mounted light need to be on for code reasons um but it would be you know a couple of all mounted um at the back of those two buildings so that there is some level of Illumination um for security so what I have is JJ the second sentence second sentence we read testify that the lights facing Signature Place will go on with parking lot lights and only be on during business hours and for security and that there'll be any condition that's at the added at the end between 29 and 30 applicant shall submit an updated lighting plan subject to the r and approval by which which specifies which lights shall remain on for security purposes all night all night till I was just put a note on each poll that you want y just mentioned over I think that's important that's the purpose of this why you bring up your the island we good with that one yes it appears okay the board agree with that change yes I'm still in the black L I'll be moving on out of page 13 double z which copy are we doing the original went out this afternoon y page 11 page of what was onk what about the one that's here now if you have the legal size just go to page 10 okay P 10 Z I'll just read it for the comment so Mr K testified to exhibit A3 and that the north hyp and south island in the existing Park will be removed there actually several islands that have to be partially removed and I was going to have Mr Keller just revisit the exhibit we had at the hearing to explain what that is we get this language correct this is exhibit A3 that was marked on January 15th of this year there are one two three four north south islands that exist in the parking lot south of the 1625 building and we're going to create this driveway so we need to remove a portion of the island each island one two three four so that we have a continuous driveway through these are just painted Islands on either side so we have to remove the physical Island that is currently there so you can drive through so I would suggest that it read Mr Keller testify as to exhibit A3 that portions of the north south island squ and the rest of it is fine do you agree I agree okay every the board board agrees you good good okay and then lastly I'm now on to condition number 17 I'm not sure what page you have it's on page 18 of M it's condition 17 bring up exhib it's page I don't know how you fig that out see are you with me y okay 17 reads the sidewalk toward Signature Place shall be constructed up to the property line as part of phase one if you look at 18 it then talks about the T being part of phase two or subsequent phase I believe we testify what happen in phase two not phase one and I have Eric to kind of talk about why that is this is exhibit 86 also marked on January 15th to 24 um and what we had discussed we did not show it on here this plan shows a signature place uh sa plan and our sfe plan building a is the top building building a Building B there's a sidewalk that runs along the the west side of Building B and this is a logical place because there is a flatter slope kind of in the middle of the parking lot for this Carriage building where we think that the uh sidewalk best fits to meet uh design criteria would come up and then cross over to this island at Building B and make that linkage and then they would have a linkage to all the other buildings within the complex that was my testimony on the 15th so the our ask is to eliminate condition 17 because we believe condition 18 properly covers this issue so just before that we have I did have a question on that as well who maintains that the weather should that be in here as well maintains the sidewalk to Signature Place correct again we have there's no easement yet in place I suspect Signature Place will ask us to maintain it but that has not been discussed negotiated we just had a discussion where they said to us we think this will work but we haven't really got the eyes across the te so I really can't answer that for you just we putting it will be maintained and to be determined later but main by somebody uh we can certainly put in the be I think our in condition 18 it talks about eement um you know that e should provide for among other things maintenance of this proposed sidewalk that can certainly be all you have to do is say either this this applicant or the owner of Signature Place shall maintain the sidewalk side that's your point that's right um let me just jump in here um do you sure you want to tie this into phase two because you're assuming Building B is phase two that if that's the case that's fine if you look at 18 Le it says as part of phase two or subsequent development phase detered by the board okay you got it so our first building is long 10 we wouldn't do this probably and the way the the uncertainty about the number of phases the way I drafted in here the other obligations um that would normally be part of part of uh part of final site plan is this that they're obligated to do it in phase two they can ask for a change if it turns out they're going to have six phases they don't want it but as of now they have to do it phase two if it changes then they're going to we'll de with that case by case so again my ask is at 17 comes out 18 I you re 18 is fine the way it's written as far as we're concerned 17 should come out and that's all that I have agreeable to that Leon I'm sorry are you agreeable to that yes okay and the board okay that's all that I had and did a great job so thank you Andy for y can we get yep yep just with the before we start so we don't have to stop uh Mr Keller we at the last meeting we talked about the gates on the garbage containers somehow being springloaded to stay closed or remain closed they weren't latched um that relies on somebody to right relatch that is that looked into or will that be addressed C for that having we haven't looked at it yet um we can work on that through resolution compliance and remember I just don't wanted to get forgotten yeah yeah um and we'll be back you know we have we have final for other pH I forgot be back okay so we'll take care of it later on well there's been dumpsters for building AEG right uh there is one okay um it it it is it's it's right near the uh proposed property line between a and b b is is down to the east I'm going turn that I don't know which direction just down here but we have one down here thank you um so we'll look into that so I believe there's a condition in there about revisions to the dumpster enclosure details yeah that's one I I think we just need to insert that uh the revision shall also number 15 I some some language in there that they should be the door shall be equipped with springs so that the gates are self closed I'm sorry so it's 15 all dumpster closure doors shall have plas boards Clos the details to be revised subject to the review and approval of the board engineer right including the addition of Springs or other devices like a self closing feature of some correct we if I might Springs be the cheapest we didn't talk about self closing because they don't want it to have it start to Clos when the truck is still there dumping the dumpster what we wanted was not to have a pin that somebody has to it's self I don't want to say locking but safe you know just stays closed what make make if the pin is only used to hold the door open so the truck can go in and grab the dumpster yeah we don't want it to close so it's so can you guarantee that the garbage guy is going to close the gates they usually guess empty D step on the gas and they're out of there just go look behind the so let's let's Mr Hall give a a suggested addition to 15 and no interruptions let him finish the sentence and then we'll work on that how's that um so I'll read it as it is and you add what's going to be added all dumpster enclosure doors shall have plastic boards with dumpster enclosure details to be revised subject to the review and approval of the boards and engineer including a device that ensures the dumpster doors remain closed after garbage pickup sound good everyone agree I I have two questions there's the trees along Signature Place are they going to be removed this area here correct there may be some because we're regrading this area um but I'm sure we were planting in that area what we're going to have to rep that area after we regraded yeah well some you know turns into a lot always what about up above keep going all the way to 202 up here we have very little change to the uh the grading so whatever is in there now is staying in there we're not showing any tree removal back there but there can't be some down here yeah because we have to uh regrade this area um we're we're going to go about halfway into the into the slope so is it going to be replenishment yes extensive and if it I don't recall what's on our plans I didn't bring our landscape plan but I can guarantee when we come in for final for Building B if we haven't addressed it we end up we will end up addressing it I will make not of that okay Andy I have a question on z z are the original one you put out there was discussion about the shared access with Stop and Shop so to me what does that mean it means I don't see any means nothing I know what you're talking talked about that it's a Shar thing but it just said there was discussion it says the others okay maybe it does I saw in one of the other drops that it mentions about the million and the paving of that maybe should is what I'm saying I don't know it I can delete that live with the minutes I can delete that Parra yeah the rest of them I think you delete it because I I don't know what yeah there might have been discussion but do give any yeah condition 14 deals with the shared driveway and what has to be done we just delete it so um let's go back to condition 14 um so if you contact the owners of Stop and Shop and they deny you the ability to Mill and pay that driveway where does that put us well we have e rights um I think we have the right to go do that as my sense we will certainly cooperate with them them we're doing it is on their property but we have the right to come in and out and there joint maintenance obligations for that driveway so it'll get done okay and I think language will give you a priz of that and give you copies of B I guess you maybe won't be but the engineer get copies of correspondents and things like that to keep you guys AR rest of what's going on I mean it's certainly in our best interest to do it because it's the front door facility I think your question Le at that time is they didn't go all the way to 202 yeah but now they've agreed to Mill the pave all the way up to 202 but when you read 14 it kind of implies that the milling and Paving of that shared access Drive may be subject to the approval of the owner of the Stop and Shop yeah um I guess if it is and they say no then the applicant will be returning to this board for an amendment prior to C that's what's going to happen the way I see it Andy what do you think yes I think has someone communicated with the owner not yet we will obviously once this is approved that'll be one to step up to I I don't know why I didn't communicate with him before cly would think you would do that we have for 30 years I don't see why they would object tell you I don't it's in their best interest to have it done because it's a mess okay are we ready any other comments okay I would like to U just explain who can vote and who can't vote okay for the record okay Mr bezel has recused himself for the 115 special meeting 129 and and he's not present tonight Mrs ster missed the special meeting but I have certification that she read you know listen to the tapes for the 129 special meeting okay and Mr Oran blck missed the meeting of 215 and that means he cannot vote tonight so the people eligible to vote tonight is Mr G AGA Mrs Kelly Mrs ster Mrs mclusky Mr Kelly would be but he's not here mayor Carr and Frank ju okay so just need that to be in the record okay good okay um we read the second line of the title rather than soil removal should say soil disturbance with that being said I will now read the resolution resolution for you to consider resolution for preliminary site plan with variances minor subdivision final plan as to phase one soil disturbance tree removal and demolition permit planning board burrow of Morris Plains application number pb-4 d23 applicant 1625 Route 10 LLC premises 1625 Route 10 225 Littleton Road lock 171 locks 45 and 45.1 whereas 1625 rout 10 LLC and 25 Litteton Road LLC the applicant or developer made application to the planning board of the burrow of Morris PLS the board for preliminary site plan approval for the entire tract final site plan approval for phase one minor subdivision approval with variance relief tree removal soil disturbance permit and a demolition permit the development on property owned by applicant designated as block 171 Lots 45 and 45.1 on the tax map of the burrow of Morris Plains commonly known as 1625 Route 10 and 225 Littleton Road the property or the site and whereas applicant published a hearing notice in an official newspaper of the board and provided notice of the application to those required to receive the same in accordance with the law and filed proofs of publication and service with the board secretary and whereas the board held hearings on the application on January 15 2024 January 29 2024 and February 14 2024 reviewed reports filed by the applicant reviewed the reports of the board engineer Leon Paul PE the board planner Elizabeth C Laney aicp PP the board's soil consultant Joseph dorton lsrp and the board's traffic consultant Harold k molz p PP and consider the testimony and Exhibits presented by the applicant and whereas Thomas malman represented applicant and whereas after carefully considering the evidence presented by the applicant the board now makes the final the following factual findings and conclusions one the applicant submitted and the board considered the following documents which were made part of the application a cover letter toen coffee entitled 1625 rout 10 LLC and 225 Littleton Road LLC consisting of two sheets signed by Thomas J mman D Pitney 08 2423 B cover letter to Karen coffee entitled 1625 Route 10 LLC and 225 midleton Road LLC consisting of two sheets signed by Eric L Keller P PP lead AP bman Consulting Group LTD 10223 C cover letter to Karen coffee entitled 1625 Route 10 LLC and 225 Littleton Road LLC consisting of four sheets signed by Eric L Keller P PP lead AP B Consulting Group LTD 10 2623 D application for development signed by Thomas Melman Squire 82223 e application for soil disturbance and importation of soils signed by Mark Cal Calabro vice president development 8 1823 F application for tree removal permit signed by Mark cabro undated G architectural plans and elevations consisting of 34 sheets prepared by Charles P Deets of the Deets partnership 82223 with revisions through 102 23 H bamry and topographic survey wer development company 1625 and 225 wer campus consisting of four sheets prepared by Martin F terella MJ professional land surveyor of bman 81123 I certification that taxes are paid signed by Anna M Thomas 7223 J certified list of property owners with F feet in the barow of Morris PL signed by Scott H hour CTA S C G EA tax sucessor 7 2023 okay certified list of property owners within 200 ft in forany Troy Hills prepared by Daniel symbols Daniel S ciss tax assessor 72 2423 L checklist waiver summary for wer campus Redevelopment consisting of have one sheet prepared by Balman 81823 revised 92 923 M section 13-2 G1 checklist a checklist for determining completeness of an application for approval of the minor side subdivision and section 13- 4.2 G5 checklist e checklist for determining completeness of an application for approval of a preliminary final site plan 13- 4.2 G6 checklist F checklist for determining completeness of an application for variances and appeals pursuant to njsa 4055 d-34 35 and 70 P draft notice of hearing q key calculation worksheet for Highline Marketplace R email to Karen coffee from Chief Michael M Koski regarding applic number pb42 4-23 consisting of one sheet 8 3123 S letter to Karen coffee from Mr Donald c s zoning officer consisting of one sheet 82923 T letter to Karen M coffee from Kevin Rango chief of Morris Plains fire pertaining to the application consisting of one sheet 9 1223 u letter to Karen coffee from Mr Phil wil Fire subcode official pertaining to the application 82923 dat phase one environmental site assessment preliminary assessment 225 witon Road 1625 Route 10 Morris Plains New Jersey 07950 lot 171 Lots 45 and 4.01 prepared by first environment Inc June 2023 w prary and final site plan and minor subdivision for phase one and preliminary site plan for High Line Marketplace block 171 Lots 45 and 4.01 burrow of Morris Plains Morris County New Jersey consisting of 32 sheets prepared by Eric Keller PE of Balman engineering 81823 with revisions through 10 2623 X shared parking analysis Highline Marketplace consisting of 15 she signed by planning and real estate Consultants Eric El cower P PP Le AP 8123 revised 92723 y site plan and subdivision report of the Morris County planning board regarding Highline Marketplace 10523 Z storm water management report for Highline Marketplace block 171 Lots 45 and 45.1 bur of Plains moris C New Jersey prepared by Eric Keller PE of 81823 a title report file number C- 2472 seller 1625 10 LLC property address 1625 Route 10 moris plan New Jersey 07 2822 BB traffic impact study for Highline Marketplace burrow of Morris Plains Morris County pred by Eric L Keller PE of bman 8 2323 CCA various resolutions of approval Double D weetman transition area riparian zone investigation for Highline Marketplace consisting of four pages prepared by environmental technology Inc dated 101 1323 two the board considered the following submittal from its consultant a reports of Leon Hall PE of Anderson and densler Associates board engineer dated September 14th 2023 October 12th 2023 November 16th 2023 and January 11th 2024 and B reports of Elizabeth mahany aicp PP board planner dated October 12th 2023 November 16th 2023 and January 9th 2024 and C reports of Harold k maltz p PP board traffic traffic consultant dated November 16 2023 January 12th 2024 and January 25th 2024 and D reports of Joseph Norton lsrp board soil consultant dated October 13 2023 and December 11th 2023 three the following variances are sought as part of the application a section 13.55 1M to permit 889 off street parking spaces whereas 1,32 are required without accounting for shared parking B section 13.59 g to permit disturbance within areas greater than 20% in slope c section 13.55 1 I3 C to permit a set back of less than 5 ft from an internal roadway d section 13.5 55106 reads as follows lighting levels at exterior tra boundary line shall not exceed 0.5 foot candles except where driveways streets intersect with a public Street and where lighting levels along external roadways may meet must meet NJ doot criteria lighting levels at exterior track boundry lines abing residential zones shall not exceed 0.1t candles along the the track boundary with Stop and Shop light levels exceed the 0.5 foot candle Max permitted and does not qualify for either exemption e section 13.55 1j 2.1 read as follows sidewalks shall be provided along all Frontage frontages on Route 10 Route 202 and Johnson Road unless the applicant demonstrates to the satisfaction of the approving entity that an alternative pedestrian system provides safe and convenient circulation four the following design waivers are requested a section 13- 4.14 c 2.2 d i to permit spaces that are 9 ft wide by 18 ft long with an overhang or 9 ft wide by 90 by 20 ft long whereas 10 ft wide by 20t long is required B section 13.4 -14 B 5.2 K to permit alteration of more than one foot of existing topography within 5 feet of joining property C Street shade trees along Johnson Road in accordance with section 13.4.1 14 V 1.18 have not been provided d section 13- 4.14 C 2.2i requires installation of sidewalks within the street right away e 13.4.1 14 C 2.2 Ki requires designated fire zones but none provided F section 13.4.1 14 C 2.2 K triple I requires the Inside Edge of the paved area shall be approximately 15 ft from the building or such other distance as may be recommended by the fire department Five the board carefully considered the following testimony at the public hearings a applicant produced Eric Keller PE who was sworn and accepted as an expert in the field of engineering B Mr Cal testified about exhibit A2 a site plan rendering an aerial photo of the proposed conditions the footprint of building a will stay the same with the addition of buildings B through h he further testified that the applicant seeks preliminary site plan approval for the entire project and final site plan approval for only for phase one which is building a and seek to go forward without yet obtaining do approval C phase one shall include building a and all of the proposed improvements on new lot 4.03 the temporary storm water basin and Associated Landscaping grading and walkway on lot 45.02 utilities serving the improvements on new lot 4.03 pavement markings and Associated access improvements to facilitate access to new lot 4.03 from Johnson Road and Route 202 D he testified that building a will be three stories with retail commercial and or dat care uses on the first floor with flter offices on the second and third floors Building B will have retail and self storage and Building C buildings C through H are one-story structures intended for retail restaurants and food market Building B through H are not in Phase One e he testified that total square footage of all proposed buildings is 278,00 square ft an increase of approximately 48,000 sare ft while office from Over the office space currently on site there are a total of 889 parking spaces whereas 1,32 are required when credits for Ev spaces are accounted for there is a parking shortfall of 107 spaces for which variance is requested and that should be set should be we credits for Make Ready EV spaces are C for F Mr kelv further testified about the sidewalk and internal roadways refu and recycling will be in individual dumpsters and Building C anticipated to be a food market will have a compact G Mr C testified about the elevations on the property and that the applicant is Seeking a variance for areas where the slope exceeds 20% AG we further testify that the project is disturbing more than one acre and is considered a major project the storm water report of August 2023 details how all state and requirements are met all basins are bio retention will remain privately owned and maintained by the owner to be inspected quarterly and after any major SW I Mr K testified about the sanitary sewer for buildings A and B and a new sanitary sewer conveyance for the northern portion of the property the has had preliminary discussions with the Burrows DPW J two existing water services from Littleton Road servicing 225 Littleton and from Johnson Road would serve 1625 Route 10 will remain the applicant is working with SMC mua regarding the extension of the water supply okay Mr Cow testified as to the shared driveway and the lighting plan all fixtures to be 15 ft high with LED lights on From Dusk to Dawn L the applicant will need a sewer extension permit from the D and a master permit from the SMC mu they have submitted an application for do permit and our a waiting comments M he further testified that the applicant needs tree removal permit soil disturbance and demolition approval for the 1625 Route 10 building and applicant is closing 66 evergreen trees and 2300 deciduous and evergreen shrubs and the removal of 183 trees and approximately 9,000 cubic yards of soil removal o Mr coward testified that phase one will require creating an access aisle to Johnson Road to facilitate traffic the bio retention Basin near the 1625 Route 10 building will use a lawn area to create a temporary Basin the applicant does not require sewer or water approvals for phase one as building a is not changing in size P Mr coward testified that the applicant is proposing a temporary bio retention Basin in the LA area next to the west of the 1625 Route 10 building which will be eliminated as the project proceeds Q Mr Cow testified as to exhibit A4 the building a revised drop off area R there were questions from the board members and professionals about the specific of the proposed drop off area test Mr Cal testified that the that there will be Bard installed on the parking area facing the play area for the daycare center T the Pres testified as to exhibit A6 labeled peline Marketplace and Signature Place the owner of Signature Place has expressed an interest in allowing a sidewalk connection between Building A and B to Signature Place subject to burrow approval and appropriate easement and maintenance documents you Mr Cow testified that the applicant will look into adding bicycle storage D Mr Cow testified after to the traffic study of a shared parking study he testified that the applicant will go through a process with NJ doot to determine a fair Shar contribution to address traffic impacts which will be part of the DOT permit process w Mr malz testified he is familiar with the fair share contributions and his belief that the process with the do will focus on The Jug Handle on Route 10 eastband and westbam X Mr Hull testified about the concern with people coming from Route 10 to Johnson Road and then to malapardis Road why Mr Keller testified his opinion that the site is designed to not be conducive to cut through traffic Z will be removed double a Mr C cow testified about the proposed shared parking and the report dated August 11th 2023 Peak parking demand is 864 spaces while 889 spaces are provided it standards result in a Peak parking demand of 651 spaces dou B the hearing was carried to January 29th 2024 douc applicant produced Charles de architect who was sworn and accepted as an expert in the field of architecture double dat Mr DEET testified as to exhibits A9 and A10 drone aerial pictures of portions of the site depicting several of the proposed buildings and the existing high tension cables double e exhibit A1 depicts the retrofit of building a which will be retail commercial and or daycare on the first floor and on the second and third floors with brick facade and structural steel canopies F exhibit a12 depicts the facade for proposed Building B first floor retail uses and will also include self- storage facilities on the second and third floors double G exhibit a13 depicts proposed Building C a specialty food store Mr de's further testified as to exhibits a 14 to6 depicting the proposed facad for proposed buildings he further testified as to sheet a32 from the architectural plans depicting the proposed Monument signs and that the height of the signs conforms to the Bur ordinance H Mr Deeds testified the windows will not be operable he further testified that any individual HVAC units will be screened as to signage he testified that each tenant would be unique and individual tenants would have to go to Zoning for sign approval double ey the applicant consented to the condition that all signage for all buildings would have a consistent architectural and aesthetic theme subject to the review and approval of the board planner Double J he further testified that the Waker sign will not be lit while the monument signs will have internally illuminated panels he testified that the lights facing Signature Place will go on with the parking lot lights and only Beyond during business hours and for security purposes Double C Mr D testified he did not know whether the haac equipment on buildings A and B would satisfy njd noise limits at residential property lines Mr hle expressed his opinion that a noise test should be conducted prior to CF L Mr Deets testified that it is unclear as to when phase two will be constructed M the applicant presented additional testimony from Eric cow PE double n Mr Cow referred to exhibit a17 dated 1 129 2024 he testified that the proposed drop off area for building a is being eliminated which will allow for an additional six parking spaces with an area labeled quot loading bus area close Mr C testified that BS will be added to protect the outdoor play area if there is one and that sidewalks will be provided down to Johnson Road double p in response to Mr mz's report the applicant would like to defer the issue of part GRS and 10t wide spaces for building C when final site plan appoval is sought for that building Q the applicant consented to provide information on the plans indicating conduit layout for the EV spaces that's for the Make Ready bases Double R cow testified that at Full Construction of phase one there will be 915 parking spaces eight Make Ready EV spaces and seven Ada spaces s Mr Cow testified that the applicant will amend the plans to delete the sidewalk at the southern end of the property along M Road dou T Mr Cow testified that the steep slope variance is a C1 variance caused by existing Mand development the remaining V Varian is qualify under both C1 and C2 and that purposes a e g h and I would be Advanced by the grant of the variances and that the lighting variances variance is for the benefit of The Bu W Mr Cow further testified that the variances can be granted without substantial detriment to the public good and will not have any negative impacts and the variances will not compare the intent and purpose of the Zone plan V the hearing was continued to the board's February 12th 2024 meeting ww Mr C testified as to revisions made to the entrance from Route 10 following comments expressed by Mr MZ Mr C testified as to exhibit A9 which depicts changes to the plaza at the East End of building F creating a clear line of sight to the crosswalk the further testified that the retaining wall for the plaza had been shifted further from the curb on the entrance Drive double X Mr Cal testified as to exhibit a19 depicting the improved sight lines Mr malz testified he had reviewed the plans and that they significantly improved site dist Double L Mr K consented to the condition that the Landscaping shown on exhibit 818 will be shown on the Landscaping plan subject to final location by the board engineer double z Mr califi Mr coward testified as to exhibit A3 and that portions of the north south islands in the existing parking lot would be removed and the applicant will patch and fill Pooles as to sheet four the demolition plan Mr C consented to remove note number seven and that all pavment will be removed and replaced triaa Mr Keller testified that the soil disturbance permit is for the entire site and may need to be modified for future phases Triple B the applicant consented to the condition that dumpster enclosures would be a br brick veneer not full brick similar to that used on the buildings Triple C Mr Keller consented to amend the plans to show that conduits that are to be installed as part of phase one at all Make Ready spaces and shown on the plans triple D Mr Cow testified that the NJ doot had approved a new flight path with the Hort and the paperwork regarding the amendment would be provided to the board triple e Mr Kell testified that there will be bicycle racks approximate to the plaza for building a triple F there was discussion about potential changes in the proposed uses of the buildings and that a condition of approval would be that if any change in use is proposed the applicant must submit the information to the board engineer prior to seeking permits for the changed use and the board engineer would determine if there is a need for minor site plan approval for such change six with regard to applicants request for variance relief the board finds the following facine conclusions a the applicants requested variance from section 13- 5.51m to permit 889 off Street spaces parking spaces where 1,32 are required results in improved Zoning for the tract and will allow the applicant to develop the property in addition the board finds that the benefits of deviation from the parking space requirement would substantially outweigh any detriment variance relief can be granted without substantial detriment to the public good and with no impairment to the Burrows Zone plan and Zone ordinance zoning ordinance B the board specifically finds at granting relief from the S strict application of section 13- 5.9g regarding steep slopes advances the zoning purpose of the burrow of Wars planes and the benefits of such belief substantially outweigh any detri the board is satisfied that the topog Topography of the site requiring the variance arises from prior development and not from natural topography and that the benefits to be derived from granting the belief requested by the applicant would substantially outweigh any detri further the board finds that the relief can be granted without substantial detriment public good and will not substantially impair the intent and purpose of the Zone plan and the zoning ordinance C the board specifically finds that granting relief from the minimum setbacks from an internal roadway and the maximum lighting areas lighting levels at track B fact boundaries advances the zoning purposes of the burrow of moris PLS and the benefits of such relief substantially outweigh any detriment further the board finds that the relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone plan and the zoning ordinance seven to all requested variances the board finds that the variances will not cause a substantial detriment to the surrounding Property Owners the requested deviations are internal and do not involve any changes the previous approved site point eight the board further finds that all of the requested variances will not substantially impair the intent and purpose of the Zone plan the requested deviation think that the development as a whole is consistent with the Zone plan for the area the variances are not substantial deviations from The Zone plan and will result in better zoning alternative for the property now therefore be it resolved by the planning board of the burrow of Morris Plains in the county of Morris in the state of New Jersey on this 18th day of March 2024 as follows one preliminary site plan approval as to the entire property and preliminary and final site plan approval for phase one with variance relief building demolition soil disturbance permit and tree removal approval are hereby granted as depicted on the afores said plans subject to the conditions here and after set forth two minor subdivision approval is hereby granted as depicted upon the AES said plans three subdivision deed with meets and banss descriptions shall be reviewed and approved by the board engineer and board attorney prior to signing and filing four as to phase one cross easements for Access utilities storm water management and shared parking shall be reviewed and approved by the board engineer and board planner and filed prior to certificate of occupancy five variance relief as set forth above for the force mentioned reasons as proposed and testimony hereby granted pursuant to njsa 40 55 D- C1 and C2 subject to the conditions here and after set forth six the board grants the application for tree removal pursuant to section 23 A- 2.2 B of the revised ordinance of the B bur of moris plains subject to final approval by the board engineer as set forth in the conditions Hereafter seven the applicant shall comply with a the January 11th 2024 report of the board engineer to a satisfaction except as otherwise stated D the December 11th 2023 report of Joseph Norton lsrp 60 days prior to any import or export except as otherwise stated in testimony C the November 16th 2024 report of Elizabeth Lany PP prior to signing a site plan except as otherwise stated in testimony D the January 25 2024 report carold K Mal PPP eight applicant shall meet with the fire department regarding striping of the parking lot and fire zones and comply with recommendations and requirements of the fire department nine the utility Hot Box will be painted an Earth Tone non-reflective cover to be approved by the board planner 10 all signage for all buildings will have a consistent architectural and aesthetic theme subject to the review and approval of the board planner 11 if any change in use of any of the buildings is proposed permits may not be sought or issued until such change in use is submitted to the board engineer who shall determine if there is a need for minor site plan or other approval 12 applicant shall have all branches Limbs and other debris removed from the pond and surrounding area located in the conservation Ean area with same to be confirmed in writing by the board engineer prior to a certificate of occupany for phase one 13 applicant shall remove and replace all pavement full depth for phase one and all future phases 14 the shared access drive out to Route 202 and proposed roadway out to Johnson Road shall have a 2in Mill and top course Paving as as part of phase one the improvements to the shared access Drive which is the subject of an existing easement shall be subject to approval of the neighboring property owner and the board engineer will be provided a copy of all corresponden and Communications with the neighboring property owner on this issue 15 all dumpster and closure doors shall have plastic boards with dumpster en closure details to be revised subject to the review and approval of the board engineer 16 development of the Plaza on the east side of building a shall be in accordance with exhibits A7 and A8 18 provided that the owner of Signature Place agrees to a sidewalk connection from the property the sidewalk shall be constructed at part of phase two for sub subsequent development as determined by the boorder the applicant agrees to use reasonable efforts to acquire am easement to permit the sidewalk connection to Signature place and all Communications with Signature Place shall be provided to the board engineer the the applicant or Signature Place shall maintain water 19 applicant to provide storm water management plan and onm manual for all storm water facilities to be recorded with the Morris County Clerk prior to issuance of a certificate of occupancy for phase one 20 applicant shall provide appropriate signage and a gate to the access stairs for the Hort to be approved by the board engineer and planner prior to issuance of a certificate of occupancy for phase one 21 all soil exported from the site will be exported out of the burrow and trucks transporting such soil will be required to come directly from and travel directly to Johnson Road to Route 10 from the site and avoid local roads 22 the board engineer shall conduct a post construction lighting inspection subject to the review and approval of the board engineer prior to issuance of any certificate of occupancy for any Phase 23 applicant shall Prov to Joseph Norton a certification of clean top soil to be imported at least 60 days prior to such importation 24 the Morris Plains Police Department shall have the authority to enforce Title Nine of the New Jersey statutes 25 applicant shall submit any revisions to the building or facade or architectural plans of building a to the board planner and board engineer for review and approval prior to the implementation of any such revisions 26 applicants shall perform perform noise testing to ensure compliance with noise standards 65 DBA for daytime and 50 GBA for nighttime in accordance with ordinance 4-2019 prior to occupancy of any building in compliance with the performance standard under the supervision of the construction code official in the event the applicant or fail to said test it shall install noise attenuation measures to bring the site into ciance 27 if any of the individual findings conclusions or conditions as stated in this resolution are subsequently declared invalid and the remaining findings and conclusions shall be GED sufficient to support the decision of the board and the remaining conditions 208 prior to signing the site plan for phase one applicant to obtain all other Outside Agency approvals including but not limited to moris County planning board and moris County Soil Conservation District except do and D tww shall not be required to have been obtained but shall be required as a condition of final site plan approval for all subsequent phases unless Modified by the board 29 the following conditions shall be satisfied prior to the commencement of site construction as to phase one only a payment of engineering inspection fees the applicant to schedule a pre-construction meeting with the burrow engineer C submission of construction cost estimate to be provided to the burrow engineer to determine the amount of inspection fees and payment of inspection fee and D obtain final approval on tree removal from burough engineer and E installation of State orange construction snow fence protecting trees and shrubs to remain F obtain a signed site plan G enter into a developers agreement as approved by the engineer there'll be an additional paragraph an updated lighting of P plan shall be submitted for review and approval by the burrow engineer which specifies which lights are to remain on for security purposes overnight SEC 30 the following conditions shall be satisfied prior to the issuance of a certificate occupancy for building a a fire department Chief's written approval of required fire safety improvements site familiarization hydrants and walk and B Police Department's written approval of all traffic signs markings and site familiarization and walk through and see submission of plans satisfactory to police fire department showing unit numbering and signs showing location of units and D burrow engineer certification of satisfactory completion of site improvements non-safety items such as Landscaping trees top course of pavement Etc may be deferred due to seasonal weather conditions subject to posting of appropriate cash guarantees and E posting of two-year maintenance guarantee for Shade Trees and Landscaping and F applicant shall submit as built plans showing building setbacks and utility lines and profiles and detailed calculations of height of buildings in accordance with Section 13- 4.11 and G the board secretary shall certify in writing that adequate funds are in the board escro to cover all past present and future charges up to and including the issuance of a certificate of occupancy 31 the board secretary shall provide a copy of this resolution to the buau attorney and to the construction official within 20 days of the date hereof 32 this resolution shall take effect as provided by La Bravo do that again 12 years schol I'd rather get it over the knuckles and he started with half a bottle of water okay yes I'd like to go back to condition number four on page 12 is my page 12 says as to phase one con uh cross eement for Access utility stormw management and shared parking shall be reviewed and approved by the burrow I'm sorry board engineer and board planner board planner I believe Andy should be changed to burough attorney yeah yep I agree Andy just on 15 maybe it's just me but I didn't hear you say that the revised let the gates remain cled the device which one this one oh right okay yeah 15 we agre I I apologize all dumpster and closure doors shall have plastic boards with dumpster enclosure details to be revised subject to the review and approval of the board engineer including device that ensures the dumpster doors remain closed after garbage thank February 12 okay do we have a motion to approve the resolution for one more minute it's just on page was live page four paragraph X sh parking analysis this is sign by planning and real estate consultant you see paragraph X signed by Eric Keller correct this eliminated real estate okay specifically talk about just the one we're good okay could we uh have a motion to approve to approve the resolution Frank second Frank excuse me Frank myself call please okay Mr yes Mrs Kelly yes Mr Mrs ster yes Mrs mcy yes mayor car yes and Mr Jus yes yes great excellent thank you very much app just just a comment for the applicants FYI um the developers agreement is one of those items you have to secure prior to starting site work give yourself four to six months to get that developers agreement reviewed and approved by the bur attorney going to the council for the mayor to execute it and getting it recorded you're going to need four to six months to get that done just an FYI okay based on recent experience okay yeah I'm just trying to be helpful here thank you good night look forward to seeing you again we'll be here thank you thank you speed thanks for everyone support conratulations congratulations okay um moving on minor side committee the chairman is not here master plan Review Committee no report uh new business I have some new business I'd like to share with everybody as of today micone as of today I'm just looking at my phone for correct information here um the uh bill that was presented uh to our Senate State Senate um was approved today unfortunately um and then it had to go back to the assembly because of some amendments to that and uh it went to the assembly and it passed in the assembly 4925 which is also in my opinion uh horrendous for a bill that was really going to be uh detrimental to uh many New Jersey communities um this bill was was pushed through um quickly tried to do it in a lame duck session um it stalled a little bit in the Senate but unfortunately at the end of the day it has has passed and it'll be going to the governor's desk for uh for his signature on this bill so I think everybody agrees that we need affordable housing um but not in a bill like this where it's detrimental even further to these municipalities planes I can speak to uh where it would be adding more burden on the infrastructure our services and and the legislature really took none of this into consideration uh in voting yes for this bill so um I think they just did it because everybody's been pushing in the legislature to to come up with some new ways of fing out everybody's requirement and uh they got that accomplished but uh I think it's going to be detrimental so we'll see if the governor signs it and we'll see where this ends up probably in court again but uh this was a something that my opinion is detrimental to to Mo that's a report new business or old business I don't know exactly where it falls in but Bad Business Liz you have any comments on it no I only learned that it had been gone through from the the mayor um so we'll see I mean as I I think spoke about last time it had a very accelerated timeline so if it does get signed if it doesn't get adjudicated which is a lot of ifs um you know we'll be talking about this sooner rather than later we talking about it probably in the fall maybe even sooner I've um well I put up some names to the council hopefully they'll vote on that tomorrow or at Thursday's meeting an affordable housing committee that I thought would really be done already but now that they have something to work with some substance to work with here and what our obligations may be and what we have already and uh property that we do have for that sort of thing so for so for what you know all that stuff so hopefully on Thursday the council will vote to okay the people that have picked for that that committee before you know July 2025 will be here it's going to be before then yeah I mean the the as it's laid out they want everything sort of done by by July yeah and with the plan certified by July 25th yeah this July no 2025 but certified by Co I have not seen the new bill as as as approved but yeah uh yes as as the other one was there presented yes they haven't came up with numbers though yet have they no so what they going do you give you about six months to come up with a plan that works yeah perfect time yeah good joke that's okay just put it in the hands of the municipalities that's right just do it yeah we'll figure it out anyway so okay if there's no further business could we have a motion to adjourn so move second second all in favor I opposed okay see you on the 15th wow wow 18th 15th 15