I'd like to call to order the regular meeting of the Mars Township Board of Adjustment for May 19th, 2025. Uh the notices required by the Open Public Meetings Act have been satisfied. A statement certifying same will be executed. Uh please join me in the
pledge of allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Mr. Santiago, roll call, please. Yes,
Mr. Chairman. Mr. Goldberg, here. Mr. Tractenburgg, here. Mr. Williams, here. Mr. Schustster here. Mr. Benois, here. Mr. Kramer here. Miss Simmons here. Mr. Woodford here.
Mr. Warner here, Mr. Bush here, Miss Keller here, and I Sonia Santiago here. All right. First, we have several resolutions to consider. Mr. Warner.
Certainly, Mr. Chairman. Uh the uh first resolution is Evan Wilson is the applicant. That was to construct an ingground swimming pool and patio in the rear yard. There were rear yard and combined sideyard setbacks. Uh the address 12 Westminster Place board
granted that approval based on both the C1 and C2 alternative bases uh with conditions and uh I hope that uh Mr. Oer's resolution is an accurate memorialization of the board's decision
in that case. If it is not, I will let him know. If it is, then the board will adopt the resolution. Okay. Um board members, any additions, objections, supplementation to the I'd like to say that I think Mr.'s resolution is really well done. The
recommend Mr. Thank you. Uh then, um can I have a motion to approve the resolution? So move second. Okay, Miss Diego, roll call. Mr. Goldberg. Yes. Mr. Trackenberg. Yes.
Mr. Williams. Yes. Mr. Schustster. Yes. Mr. Benois. Yes. Mr. Kramer. Yes. Mr. Wer. Yes. So moved. Okay. Mr. Chairman. Next we have Joseph and Meg Paul Gaul, excuse me. Uh
application. It was inground swimming pool week. Uh so they were also uh construction of an ingground swimming pool and patio in the rear yard. Uh just one rear yard setback variance uh the address for the uh property 10 Apple
wood lane. Again the board granted the approval both on the C1 and alternative C2 bases and again with conditions. So again if it's an accurate memorialization of the board's decision I imagine we'll have a motion second and
a roll call vote to approve. Okay. Any objections, additions, considerations? If not, I'll entertain a motion. Motion to approve. Second. Thank you. M. Santiago.
Mr. Goldberg. Yes. Mr. Traffenberg. Yes. Mr. Williams? Yes. Mr. Schustster? Yes. Mr. Venmo? Yes. Mr. Kramer? Yes. Mr. Woodford? Yes. So move. All right, Mr. Chairman, and our run on swimming pools has ended. Uh, this third
resolution is Alexander and Rebecca Lang Langlos Langua. Langua, just like the son of the judge. That's right. I should know better. The the uh Thank you, your honor. Mr. chairman, the the um the uh
this was an application uh to 20 Albert Avenue to modify an existing non-performing dwelling by constructing a second story addition over the existing one-story uh dwelling. And that was also an approval also on both the
alternative C1 and C2 bases uh for that uh for those two front yard setback deviations and again with conditions of approval and I'll turn it back to you Mr. Chairman. Okay. Any comments, questions, clarifications, corrections?
If not, I'll entertain a motion. I'll make a motion on that. Thank you. Do I have a second? Second. Thank you, Miss Santiago. Mr. Goldberg, yes. Mr. Tractenburgg, yes. Mr. Williams, yes. Mr. Schustster, yes. Mr. Benois, yes. Mr. Kramer, yes.
Mr. Woodford, yes. So, move. All right. Moving on. Yes. Why don't you do that? First item we have, we have going to the public hearings. The first matter we have is BA-17-23. This is the Euing application
at 40 Spring Brook Road, uh, block 6503, lot 54. Um, Mr. Warner, do you have any information on that? Certainly, Mr. Chairman, it's my understanding uh, as per the applicant, there's been a
request, uh, to carry the matter without further notice. Uh the not uh notice was sufficient to June 23 at 7 p.m. the same location. Uh and the applicant did provide an extension
of time to act uh through I believe it was end of July, right? July 31. Yes. Okay. And with that in mind, uh we have not received any new plans from the applicant and I know one of the
objectors has a uh uh will not be able to make it. So that I know that we will may that date may be adjourned but that is the date as of right now that's being announced and there will be no further notice to any of the u and to the members of the public. Is
that correct? That's correct your honor. Your honor, stop that. It works. Don't get me. All right. Okay. So, next uh public uh ma hearing
matter is uh BA-08-25. Miss Santiago. Yes, Mr. Chairman. This is um BA08-25 SLO Acquisitions LLC block 5801
lot one now in Spring Brook Road OSGU zone for section D. Applicant is seeking a final major subdivision of a portion of existing lot one to create a new lot consisting of approximately 4.74 acres and construct the residential
development of 13 single family homes. All right, Mr. Why don't you explain exactly what as we're doing here tonight on this? Certainly. Well, uh this is as I understand it and I'm sure we'll hear from council for the applicant as well. Uh the uh there was a prior approval uh
for preliminary and final major site plan uh and preliminary major subdivision approval as well as variance relief granted uh for 13 single family homes on land formerly a part of the Spring Brook Country Club. Uh and
tonight I believe we are hearing just the final item which is the final subdivision approval. I did Mr. chairman have an opportunity to review the notice. Found the content to be sufficient. Found it to be timely served
uh and published. It was served by certified mail on May 8th, published on April 30, both at least 10 days prior to this evening. Uh so the board does have jurisdiction in my opinion to hear and decide the application this evening. And
uh I'll defer and turn it back to you, Mr. Chairman. Council, good evening. It's nice to see everybody. Frank Flo, Sils, Thomas, and Gross. On behalf of the applicant, uh, I'm not going to repeat the very good summary that Miss Santiago read and also the analysis that Mr. Warner just
articulated. We are seeking final major subdivision approval. In accordance with and pursuant to the prior approval, uh, the subdivision plans that are before the board this evening are wholly consistent with the plans previously approved by the board. Uh, we included
in our submission to the board an engineers affidavit prepared by the gentleman to my right, Rusty Schmer, the civil engineer record, and he confirmed that the plans before the board this evening are quote drawn and presently presented exactly the same as the
preliminary approved plans. Mr. Schmer is here with me this evening to confirm that is still in fact the case and answer any questions from the board. Um I will uh also tell the board that um we have completed our resolution compliance
for our site plan approval. We've gotten our thirdparty agency approvals uh from DP, from Morris County, from uh soils. So um if the board acts favorably this evening, we are prepared to move forward
with this project, schedule a precon meeting and move forward. So um with that, Mr. Chairman, I do have uh Rusty Shmer here to answer any questions. U but Mr. Shmer, I'll just ask you one question on your We're going to swear in of course and I'll swear in our board
professionals as well, our planner and engineer, if you'll all raise your right hand to all of you swear to God or affirm testimony about to give is the truth, the whole truth, and nothing but the truth. Thank you. Okay. And um do I need to take Mr. Shmer through his qualifications or can I have him? No,
we'll wave that. Okay. I'd like well aware of his qualifications. Okay. Thank you so much. So, I'd like to um designate Mr. Shmer this evening as an expert in civil engineering. Uh and Mr. Shmer, the question I have for you tonight is um are the statements in your affidavit
or your um still true today that the plans uh that are drawn and presented exactly the same as the preliminary approved plans? Briefly, yes, they're the same. Everything is the same. No changes. So, uh, uh, these the final
subdivision plan you have before you is consistent with the preliminary approval. I really, Mr. Chairman, I don't have anything else. If anyone can confirm that with the engineer, you know, it conforms in all way, shape, and form with the uh the uh application
that was granted uh earlier by this board. Do any members of the public have any questions? I'm sorry. Well, actually, we may have a board member who has one, but and I may also, if I may, one I'm just curious about what's going on with the product
with the property on 202 that was separated from this. What's been resolved with what's going on with that? We no longer We no longer have that property. Oh, you no longer own it, correct? Oh, okay. Yeah. Yeah. Okay. All right. So you're contributing to the to
the to the um to the housing budget and that's apart from that property. Okay. That was my only question. Okay, Mr. Warner. Yeah, actually that was one of my two questions just to confirm that
the contribution to the township's affordable housing trust fund will be made and I think there was a a minor change to a signature block which may have already occurred. It has. So, um, and then the, uh, fire chief had no comments, so I have nothing further.
Okay. Any other board members on any questions? Just just a procedural question maybe for Mr. Warner. So, with the voluntary contribution to the um, affordable housing trust fund, is that something that is just I mean, it's it's voluntary, right? So is that something that at what point
will that become known to either the members of the public or to zoning board members or how does that all sort of memorialize the magnitude of the contribution you're referring to or when it completes or the details of it? Is that something that's public facing?
Maybe applicants council can address that being uh in that respectfully. I wasn't directly involved. Yeah. Um that was a condition. So the original approval Yeah. the original. Yeah. So, it it'll be the contribution will be
made um prior to there'll be a developers agreement, I take it. Yes, we actually So, thank you. You're welcome. Um so, there's there's a draft. There's a draft developers agreement. Okay. Spelling out the obligations of the applicant uh and the township and we
actually worked on that prior to this hearing. So, it's in draft form. Um I believe um the the business administrator has it. So Okay. Yeah, that has all the terms and that'll be done once this approval is complete. Okay. Thank you for clarifying this.
Yeah. Yeah. Sure. Not often comes up but but mysterious to me anyway as to how it resolved. So thank you. Any other board members with questions? Mr. Chairman, I I am curious about um the all the underground piping. Has that all been located and has that all been you know
removed or can we become a part of whatever was being done? There was a I remember that was one of the issues. Well, we it's was located we haven't done any removal or anything. There's been no construction or activity started yet. So that will be forthcoming if we
get through this step. Okay. All right. Thank you. Any other board members with questions? Any members of the public with questions? Go up to the microphone, identify yourself, and ask a question. Alan, five Armstrong Road. My question
follows during the application, there were testimony as to Japanese Notwood. I'd like to know in in this process uh when will the Japanese not wood be
removed in its entirety and when will its entire removal be made public? Yeah, we um we're here for the subdivision. Um Mr. Mr. McAllin's asking about a site plan issue. Um the plans
have been signed. Um I I don't I think we all are sort of confused as to what what the Mr. M is even talking about. I don't even know we we don't even know what he's talking about. You right? I mean I don't I'm trying to
remember any discussion about that. Yeah. Let's look at the resolution. See if there's anything in the initial resolution. I don't recall that. I don't remember it being Yeah. I mean, one of my clients sitting behind me said it could be some of the
vegetation that was in the lot on Mount Kimmel that we no longer have an interest in, right? But yeah, because you were proposing to purchase that. There was Yeah. You didn't actually go through with the purchase. Correct. Yeah. And look, we have a a landscape
plan and we're going to implement the lands implement the landscape plan that was approved and so uh Mr. McApin, I'm sure has access to that plan. It's available at the township and um are you are you saying that there's
something is it on the landscape plan? Um no, I was unaware of that. Thank you for bringing it to my attention. Okay. I was hoping that you'd use this uh opportunity to on this as well.
Apparently not. Well, they they will be obligated to conform with the landscape plan that they submitted. I mean uh so that's all I can say. Uh if that plan of those uh vegetation was on the
lot that they didn't purchase, well then they're under no obligation to go forward and remove it because of someone else's property. Does that summarize it correctly? Yes. Yeah. I We don't have a landscape expert here tonight, but I mean to go through the landscape plan, but whatever's on
the plan, that's what we're going to do. Okay. Any other questions for members of the public? Seeing none, hearing none, close the public portion. Um, any final statement? No,
sir. Thank you. Just make clear. Okay. Yeah. Sorry. Is there anybody member of the public wants to make any comment on this application? Seeing none, hearing none, close the public portion. Council, we're good, Mr.
Chairman. Thank you. So, Mr. Warner, why don't you explain exactly what the board's obligation? Well, certainly. Well, uh, a motion in a second and a roll call vote certainly to, uh, decide whether or not to grant final subdivision approval, uh, for this application. You heard the evidence with
respect to its conformity with the preliminary subdivision. Um, but, uh, it is the board's determination, a majority for passage. So, and that's essentially it. uh the uh I think I don't it would
all any conditions from the prior approval that have not been satisfied uh would need to be satisfied. I think we heard that there may not be any left but certainly uh they would withstand uh and continue as an obligation of the right.
So the sub the plan that was previously approved and the resolution and all the conditions were set forth in that resolution have to be complied will continue have to be comp. This is just the memorialization of the actual subdivision itself separating that from
the property remaining in the uh ownership of Spring Brook Country Club. Correct. then the standard was accurately cited as being in conformity with the preliminary subdivision. Okay? Doesn't have to be exact. Perhaps the testimony was that it is exact, but it
doesn't have to be exact. It has to be uh effectively substantially consistent with the preliminary subdivision. So, board members, any comments, questions? If not, I'll entertain a motion. We go. I'll make a motion to move it. Okay. Do I have a second?
Second. Okay. M Santiago. Roll call. Mr. Goldberg. Yes. Mr. Trackctenberg. Yes. Mr. Williams? No. Mr. Schustster? Yes. Mr. Benois? Yes.
Mr. Kramer? Yes. Mr. Woodford? Yes. Six more. Thank you, Mr. Chairman. Thank you, board. Uh, have a great week. We appreciate it. Thank you. Thank you very much. Okay. Any other business?
Anybody have any other business they want to address? Oh, was that all? If not, does anybody have any uh any member of the board have anything else they want to discuss at this time? Okay. Then I'll entertain a motion to
adjurnn. Motion to adjurnn. Do I have a second? I think you just got it ahead of the wire, right? We just under the wire. Yeah. Time. Okay. All in favor? I. All opposed.
We'rejourned.