Algiance to the flag of equality nation under God and justice for all. just >> last minute.
>> Sure. >> Mr. >> Mr. Smith here >> here. Mr. here. >> Mr. >> Here >> Mr.
um >> microclure. Happy adult. >> Okay. Any questions discussion of your motion? They came through.
>> All in favor? >> You can participate questions. You should have microphone on mic on. revolution second what I have here I don't have your folder there I mean it
didn't >> one of them must be your bill [laughter] that I under the minutes that I just got. >> I can see those. >> There's nothing in here. >> Yeah, they were handed to you already.
>> No, I'm looking to see. I didn't see it. Hold on. >> Just check. Make a bottom of the pile.
Okay. I have a bill for Miss Santaier for attendance at preparation of meeting minutes for December 17, 2025, which were just approved. It's in the amount of $150, which I find to be fair and reasonable. >> I move be approved.
>> All in favor? Hi, >> I do have uh additional resolutions for the uh for the board to consider, but we'll take care of I I guess the officer slate first, but we have resolutions for Miss Raj's appointment and her company
for Mr. Ricky. >> Okay. So, then I will start and I would like to nominate Carol Tangor for vice uh I was going to say vice principal. Let's start. Let's do vice chairman first and see how you do. >> Second.
>> All in favor? >> We'll do a voice at the end. >> Nominate Marky to be chairperson. >> All in favor? >> I. And I would like to nominate uh Jerry Deltufo as recording secretary. Best in
the state by the way. >> All in favor? Hi. Uh, so we'll we can do a voice uh a voice vote to to approve the three nominations. >> Yeah, >> I have a resolution for that.
>> We have a resolution. Uh, Miss Santa, call the roll, please. >> Yes. >> M. >> Yes. >> Missura. >> Yes. >> Mr. >> Yes. >> Yes. Commissioners,
>> yes. >> Mr. >> Yes. >> Dr. >> Yes. >> Yes. >> Good job. >> Uh we can sign those resolutions later, right? For for the Fed officers.
>> Yes. But you do need to appoint and approve me if that's uh what you intend to do as well. >> Okay. We thought we just swore you in. >> I'm sworn in, but I wasn't officially appointed. >> So, I'd like to nominate uh Mr. Kazer as
our board attorney. All in favor? I opposed. Right. >> Okay. Thank you all. And then we have to do um empty and so I would like to I guess I would like to nominate Paul Ricky and his company to
be our uh town planner. >> All in favor? I thank you. And uh I would like I would assume we're nominating Penoni and uh Dipy Raja as our representative >> right here >> for >> so I'd like to nominate um Penoni
Associates and Dipy Raja to be our uh town engineer, our planning board engineer. >> All in favor? I thank you. I I'll pass these around. I'll walk him around too. Well, there.
Okay. Joe, when are we starting the renovations on the uh chambers? >> Okay. Thank you, sir. >> Oh, we have another one. That's just one person. >> Yeah. >> Oh jeez. >> You already spend my
see dead knows. anymore. >> Let's move on to the next section. Okay. And while we're doing our signing and checking in, um I just want to say a couple things if you don't mind. I want to um say happy new year to everybody
since I wasn't able to get my uh uh Kazira meal. I will be cashing that chip in sometime in February. Um and uh so first I want to I want to uh thank uh Miss Kazinski for her years of
service on the board. Uh she was a great member and asset to all of us. Uh her uh knowledge and insights were invaluable to the applications that she was involved in. uh specifically to um the uh uh zoning committee which we had
several uh different meetings uh for different uh prohibited uses and and other things that uh were concerns of Dave Barry our uh our code enforcement and again her her research uh was very valuable in the work we were able to do
there. So, I wish I could have been here for the last week, the last meeting of the year, but I couldn't make it obviously. So, I just wanted to put on the record my thanks to her. I also want to thank the the board as a whole. We got a lot of work done last year. I mean, think about all the different
applications that we had. We were all volunteers. We gave up our summer. We had eight meetings in nine weeks over the summer that we were only supposed to have two. You know, I'm very proud to be part of this group and uh not only did we work hard and often, we did a great
job. If you look at the applications that we approved, they were all tough. They were all multiple days, different experts from different uh lines of work and everybody did their due diligence and asked excellent, pointed, intelligent
questions and we took good applications and made them great and we were we we did our ser we did a good service to the town of Nutley and I want to thank you all for for your uh for your hard work. And that's about it for me. >> Uh yeah, and welcome to the permanent uh
spot there, Dr. Larry. >> Do we know what the next big project is? Do we have any idea? I mean, you got the data center and all that other stuff everybody's talking about. uh we haven't we haven't received anything except for the Windsor place application uh that we
have to uh we're supposed to hear tonight. So basically, let me explain that we were supposed to hear that this evening and uh it turns out that the Belleville Times perhaps made a mistake in the way they handle publication. And uh they published the notice in the
Belleville Times, which I I have to confess I was not aware of the Belleville Times until until [laughter] this was brought to my attention. Although my assistant at the office, she knew about the Bible Times and probably many of you do. But the fact is they published it in the Belleville Times and I raised the
question it was supposed to be in the you know the Nutley newspaper and uh the response I got was oh they published it in both uh because the Nutle paper's been bought by the Belleville Times. I didn't know this but that's what I was told and I thought well buying it is one thing but publishing it is another thing
you know you so I said well um they said yeah they published it in both. I said, "Okay, well, get me a copy." And uh no copy was forthcoming. Okay. And Mark and I were working on this uh feverishly. Anyway, uh no copy was forthcoming. And
ultimately it was determined that even though they available times provided uh some asurances that it was published, it was not. And um consequently, we would be short in our notice for this uh application
in that everybody who got the Belleville Times might have seen it, but nobody who got the not paper would have seen it. And so that was just not going to fly. So, u it's being republished and the hearing has been scheduled for the first meeting in February uh because it has to
be published twice before we can uh hear it. So, it'll be the same application, but it'll be in February uh at that meeting. Uh and I've cleared it with Mr. Reiner, so he he he will be available. Uh and uh certainly everybody will have
a plenty of time to look at. Michael, we will get you a copy of the uh that application. The uh uh we'll we'll send it to you by email. U so that's coming up. >> That's February 4th, right? >> February 4th. and and uh I have not heard I do know that other things are
being processed but uh nothing has uh hit my my email yet to let me know. Uh so that's the best I could do. >> Well, it can't be any more busy than it was in 2025. >> No. Well, yeah. You know, the the other thing is >> I shouldn't say that because it might hit maybe a moment. >> The other thing the other thing I wanted
to say is that you know in this business and Michael will get brought up to speed on this kind of quickly. uh planning never changes and the law does change and sometimes the law that that we follow has to be applied differently or
or evolved. So there are workshop issues that the board might want to consider uh going forward in 2026. I leave that up to the chair to make those recommendations uh uh and uh to pursue them because I see things in reported
decisions or in the press like many of you do and I raised questions about are we are we covered here? Are we safe here? I I was I told Mark over the week that I saw one township where a developer came in and wanted to put up a
60 foot high billboard. I can't imagine how high that would be to stand next to. We talk about these buildings being high, but a 60 foot high billboard uh saying, "Hey, that's what he needs to advertise uh his uh services and products and uh the town said that
that's crazy. 60 foot high, you know, we don't permit that and we're going to we took they turned it down. They they denied the application." Of course, the applicant took an appeal and is fighting the township on that now. So, I don't know what's going to happen with that application. But of course, when I see
something like that, I say, "Could somebody come into Nutley and try to put up a 60ft billboard? Do we care? If we care, maybe we should look at that issue." And that's kind of what I always tell you to do. If you see something, say something. It's because if you don't
say anything in the world of land use, suddenly it's a trend or it's on your, you know, on your plate and, uh, you know, it's been built and it's too late. So, uh, I leave it up to Mark and the rest of the board to, uh, you know, pursue those issues. If I see something,
I'll I'll send it along as I always do. Uh, but, uh, that's that that's something, you know, that never stops. Never [snorts] stops. Anyway, thank you. Listen, >> is there any change about
>> Well, yeah, I know that it's being processed down in Trenton. They haven't solidified it, passed it along yet. But the the reality is, as we all know, there's a lot less newspapers around than there used to be, and people aren't buying the newspaper as they used to
used to do. Uh uh so uh uh there's been a a push to have alternative notice pro u made, you know, possible. >> Nothing's been passed. Nothing's been passed yet, but it it's it is not being overlooked in Trenton. Look, there's a
there's a there's a fair amount of politics involved in that decision making, too, because frankly, the newspapers have relied heavily on those notices in advertising to keep themselves in busy business. And I think if you said for art purposes or any
other purposes, uh you don't have to use a newspaper anymore, be a lot more newspapers going out of business. because they need that revenue to stay in business. Sometimes it seems that I I guess it seems inconvenient or silly or you know a burden. But the reality is if
if you want to press, you've got to have a means of supporting it. Uh look, we all know newspapers don't have the advertising it used to have. I was a paper boy as a kid and I would tell you, you know, if I delivered the the Thanksgiving newspaper, it used to be a couple inches thick with all the
ads in the paper from all the department stores and the retailers. Uh, now you can't find it any >> go online. >> Who here gets the nut, son? >> I do. >> How thick is it? [laughter] >> It's four pages. >> Five pages.
>> This they don't print the Star Ledger anymore. I I get the I get the Star Ledger online. >> I got it online. I got the burden record. >> It's not the same. >> No. >> You know, >> the Nutly Sun is four to six pages and two of them are notices. >> So,
>> the online news I don't I don't have an online newspaper. Do they have the legal notices in there or >> Yeah, they do. They do. They do have the legal notes. Yes. >> Yeah. >> I get I get the star ledger every day. I read it every day and the burden record every day. >> That's That's a shame. >> And they have all these classes. One of the joys in life is sitting with a cup
of coffee and and flipping through a news loose paper. >> It's a lot nicer flipping the page. >> It's a lot nicer. >> But that's that's a good idea though. Some that's going to change eventually. But speaking of uh training, one of the things I real quick because what we're probably going to do since we don't have
anything uh um scheduled for the next meeting which is I think the 17th I think no 21st. 21st uh maybe we should put together some workshop issues. Now last year and and uh this the fourth quarter of 24 we put together some
definitions and some recommendations that we sent up and we'll discuss another time. Um but one of the ones we never really got involved in deeply was the accessory dwelling. And now you probably know more about this than anybody is that I I have those
uh I have that ordinance here somewhere that they put together uh and they were trying to pass it with with Timberlake and uh uh Singleton uh 2347 1106 that gotten in traction.
>> Do you know anything about that Joe? >> I I don't know if it's gotten anywhere but new governor can >> Yeah, of course. So that >> well I I will say there's been a big turnover in the legislature down in Trenton this this last election. There's
been a lot of incumbents who've been replaced and so I don't know whether it will affect this particular statute but it's going to probably affect a bunch of them and so you know with the passage of time we'll find out whether it's back on the burn or as a hot topic issue. Uh but
it's still you know now we have the concept of affordability which seems to be you know broadcast everywhere with everybody get putting their own spin on what that means to them. Uh so that's going to be out there and is does affordability include you know accessory
dwelling dwellings or other >> part of the argument for it is that >> we have a lack of affordable housing. >> Yep. You should be able to have an accessory house housing unit on your property that's [clears throat] affordable for people to live in. >> There's a question also not just saying
affordable housing. It's saying housing that is affordable. Well, think about it. >> Well, >> that's really that's really the question because people tend to, you know, put a different connotation when somebody says
affordable housing. as opposed to housing that is affordable. >> Well, you're right. They are they are diff they are it's the same wording but you know conceptually different but I don't think this legislation is
direct at housing that is affordable because if if you if you if you kind of look at the inventory that's out there these days and and you guys know this stuff better than we do. I mean, the prices are staggering that that people are getting for homes that in the olden days you would say it's not worth that kind of money, but now it is worth that
kind of money and and it's they're selling for that kind of money. Uh, but what are we doing about that problem? We haven't gotten to that because I don't know what what the answer is. That's a that's perhaps a national policy that has to be addressed. Uh, but you you
anybody has a good answer for that one. you you'll be on top of the uh >> how the government gets involved in what you could sell your house for. >> I I don't think they can do that. >> The thing is too, I mean affordable housing. I mean that's a whole another subject for couple of
drinks and [laughter] because I mean that's like >> be out here in about 15 minutes. >> People go to work every day and they work two and three jobs to have a house. Other people don't want to leave their house and they want to play video games all day and have the government pay for
and they use our money that we go and work three and four jobs for. So I have a real issue with that. So I've worked three jobs to maintain a home. I didn't say, "Oh, somebody give me a house that has to be affordable." that will not work. And you know, to the the point
that we're getting to this this whole thought process that we have to make things affordable, people who don't want to get jobs, I think is out of control. >> Well, that's a whole another conversation. >> Exactly. >> That's a whole another conversation. But
what I would like to do if everybody could uh who who who I know is if you know you could be here on the on the 21st do a little research on on the accessory dwellings and what they are and different definitions. I have some from the last time we talked about it
and maybe we can put together what we think is a a good definition to give to the commissioners and requesting it become a prohibited use. >> I haven't DC yet. >> I don't have Zoom yet. [clears throat] depends.
>> Okay. All right. That's uh back. Uh because the only way we can get in front of it to to to Barry's point is we if it if they do the state does come up with something like this, we can at least have something on the
books to protect ourselves. Now, the way that if any if you haven't read the ordinance that I'm or the the bill that I'm talking about, it basically supersedes all of our ordinances. and we have 30 foot setback rear setbacks. You can according to this, we
could build a two feet from the roof, one foot from the back property line. So, I don't know how it's going to play out, but I would not want to I wouldn't want to have to address it with nothing with us have nothing on our books to even defend ourselves. And so, I' I'd like to see if we could just put
something together. We have other stuff that we've sent up already that, you know, I'll address at another time. And if you have any ideas of anything you think we should address, go Um, when these big development, and I'm new to this, so I learned a lot this year. Um, when these big developments
are approved and they're affecting neighbors, like we listen to the people on Hillside Avenue now that are going to be bombarded with a nightmare. We've got people who live over by Diamond Springs, which I have a family member there that was affected today, and all of them are
affected today because they put the water up. They all had no water. They ruined my son's hot water heater, ruined his uh water filtration system. He's got several probably a couple thousand dollars worth of damage as a result, as well as all the other neighbors in that
neighborhood going crazy with what the damage that they got. So really, in essence, they all have to suffer so some big developer can make millions of dollars on multi-generational wealth on their rents. I think that when we approve these projects that we need to
put they need to put escrow money aside for damages that they cause to the neighboring homes and if the neighboring homes have proof like you could add they all do people have water in basement people have uh water blown out there's a
lot of problems today so they should be forced to have to put extra money aside >> that's me >> that I don't have but when when somebody who borders their property is damaged occur damages as a result of their building. The people need to have some
sort of relief. >> Do you know what happened that caused the damage? What >> line? They tied in the big water line to house all those apartments and was a problem. You know, people couldn't use their water and then when they said they could turn the water on, it wasn't
flushed out appropriately. People had all dirt and silt and everything go through their system. My son still doesn't have water that he could use. Nobody could take a shower. His dishwasher is wrecked. His his water heater's wrecked. His water filtration
system is wrecked. You know, and all the people around, they're all standing in the street. They're berserk. There's going to be mayhem here. I mean, so I think instead of having mayhem, there has to be more management to these projects. When was the last time we had a major project development like we had
in Diamond Springs, but we're about to have on Washington Avenue and Frank maybe maybe Cambridge Heights 35 years ago. Well, we need to get better at it because I have a real issue and you've all heard me, you know, when somebody puts a stake in the ground and they buy
a home in this town and they become good residents and they pay their taxes and they maintain their properties out of the blue, five people can say you're getting 155 apartment buildings in front of you. It's a problem and people are getting tired of it and then on top of it you're going to have all these
apartment buildings and now when they build it, your properties get wrecked. So what is there going to be? I said put an escro account together. They put escro pass. >> Is there any Is there any legality issues with something like that? Can we make that a condition of of
>> you can't? >> That's the problem. >> Well, we could say stuff like you have to maintain the property so rodents don't get into other people's backyards. Why can't you say if you're going to damage people's propert so now on their own they have to file lawsuits, which they're probably going to do. They have to file lawsuits against a developer and
it's just going to be who's my problem is who's representing the people of NA who's taking care of the people that have been good people all along pay their taxes pay their water bills become good citizens work in this town live in this town and then all of a sudden boom
a gigantic developer comes in who's going to make a gazillion dollars and they all have to sell who who represents the people when we used to impact face or something like I have no idea. >> Okay. >> You can or can't. >> Said I have no idea.
>> Well, it's something that we >> Great idea. We should, you know, let's >> How do you handle it? I I I'm I'm behind you 100%. I just don't know how we would do that. >> They have nowhere to go. And these are perfect people. >> I got I got my young grandson. I mean, I'm
>> Well, certainly during the construction guys, he said, "God knows the same thing might happen when they do electric." Well, they said they're doing it again next week, too, with the Lord. >> So, what are you going to do? Get everything fixed and cleaned up and it's going to happen again next week. >> But, you know, you know, usually there's a process, right? There's a procedure
that should be followed. I don't know that I very bad. But, so I I I'm more of a person who worries about our residents, >> not somebody who's coming here to make money.
>> And there's a big difference because this town was built on our residents. these big develop developers and developments and they're not even paying full taxes. >> Kath, I understand what you're saying, but I want to have to say to you, this board cares more about the the people I
know than the developers. And if you if anybody who's paying attention the last 12 months and what we went through with these developers, everybody, we know that. Okay. So, >> that's that's a given. Okay. Um, but I absolutely agree with what you're saying in that
there should be some kind of protection for something like that. I don't know what it I'm not a construction guy in any way, shape, or form. Um, I don't know what it entails tying in 85 units to our water supply and how it would affect the local neighborhood.
Obviously, they did something wrong and if their only recourse is legal, then unfortunately, that's the only thing they have. But going forward, that's what workshops are for. That's >> I don't know if there anything in this. Do you know of anything any other municipality that might have some kind of provision to protect the uh the
residents from stuff like this? Well, you you do have some some means of protection and that that is the conditions you put in your resolution, but you can't well but but you keep but you can require them to meet, you know, certain standards and to uh make them
follow the minimums like we've been doing with the war, you know, the the water that comes off the property and the like. And those things do have a cost to it and they have to bear that burden. But what you're talking about is they get a proper approval for a proper
purpose and then they do it wrong. That unfortunately is not within the jurisdiction of the planning board because we don't have that kind of factf finding or or decision-m uh and and we can't impose that kind of liability. We can say what they're supposed to do and
and have them follow through. If they don't follow through with our resolutions, we don't have enforcement power. uh that that becomes the duty and I know it's a sub could be a very substantial burden for homeowners which you're talking about which I understand but that's our
legal system too. I mean we could take a look and study it to see if there's some some way of you know >> just stop this overdevelopment. >> Well you know uh there there's there's limitations on what you can approve and
disapprove. Okay. And uh I don't want to make any generalities to say well let's do that because it's not necessarily something you can do legally. You know somebody comes in and wants to we have this all the time. They want to subdivide a lot and put it and put up two homes and turn tear down a really
nice house. We you've I'm sure you've heard this. I know Carol's probably heard it. We all all have. And uh and people >> and Yeah. And I've had people say and I've had people say to me, "Well, how could you let that happen?" Well, it's not that we let that happen. It's that
that's the law. And the law says if they subdivide the property and uh they they meet all the code requirements for those separated lots in that zone and no variances are needed. Well, >> but are a lot strict than that. I happen to know the people with bought and they
had to put four water valves retaining. >> Oh, yeah. No, no, no. I agree. >> To protect the people around them and to protect the storm water. >> Well, I'm not even talking about that one. We Yeah. And yeah, we we jacked up some of these things with some pretty sophisticated stuff based on the water problems that we were having. But I'm
just talking generally speaking around town. Uh when people want to subdivide a lot into two conforming lots and not not that one, I wasn't even thinking of that one in particular. It just happens all the time. Uh and uh you say, well, geez, you know, how could you let that happen?
Well, that is part of our land use and and it's you're not doing anything wrong. People may not like it and you may say they're too close to me, they're noisy, whatever. Uh uh but those are the laws that we have in place and that's what you have to follow. You know,
>> typically you we're talking about a construction activity. >> Yeah. >> Typically you ask the contractor for his means and benefits. So he's going to tell you h tell me exactly how you're going to you
know what does that mean and you know he has that discussion with the engineer of record and I guess in our case you know his engineer is his engineer who should be dialogueing with canon and uh you know presumption that their means and
methods are standard and and uh you know not unusual but whenever you whenever you touch a utilities there's down downstream disturb service and I would hope that the residents were notified before this
and just to to go back to Jerry's point >> immediate >> right >> it's not in our purview when they hook up the line >> no that was my suggestion my suggestion was like well we could write in a resolution that you have to make >> ro control an issue that they have to
maintain that >> we already have that we already have that that does exist yeah >> but I'm saying going forward like maybe they'd be a little bit more careful if they had a an estor I don't know the law you're a lawyer if they had to have an escro account maybe they'd be a little bit more careful so that they don't
damage the homeowners property >> listen that's something that perhaps the commissioners could take up and look at doing that and maybe that's something we could re you know if the board feels that that's something to recommend to the commissioners to investigate and
look into because of this and other situations for that matter uh that that you can make that recommendation that they look into it and do something about it. Uh because look, sometimes you do hear about things more directly and quicker than the
commissioners do. They're at a different level and doing lots of other stuff too. Uh but because you're on the planning board, everybody thinks you're uh you know, you know everything about the the land in town. uh which maybe you do, but uh uh you know in terms of jurisdiction, this this board's made recommendations
to the commissioners before and sometimes they've been followed and and and adopted and it's something you can do. Uh uh so if maybe maybe I I'll suggest this the next meeting we do have, why don't we think about a way of presenting that as a recommendation to
the commissioners to have them >> joint meeting? >> We don't have that scheduled yet. We don't have that scheduled yet. I did raise it with uh with Ms. McGovern, but she hasn't uh responded to me about when that would be yet. Uh uh but I don't know if I'd wait until
then. I think we could we could jump on >> have a workshop meeting two weeks from today stuff together. Yeah, I I think I think Kathy's suggestion if if uh you go, you know, put it together in a in a few sentences and send it to the commissioner. >> Should we put impact on?
>> Yeah, there's impact fees in the ordinances. >> Yes. Yep. It's in there. >> It is. >> It's in It's all in every resolution you guys do. It's always in there. >> Right. Right. I know. I just know calculates. Oh, well, we don't do that. That's not Yeah, that's done by Dave.
And >> so, what I'm think whatever the calculation is, maybe we can Is it Is there a state uh requirement or or standard that they have to use? >> I think it I think there is. I'm not sure what it is, but I'm pretty sure there is. And I don't know if it would include >> If it's a factor of five, if we made it
a factor of seven, we take that extra two points and put it in a slush fund. >> I I I believe there's a uh >> self-insure. >> Yeah. Well, I it's it's not you selfinsuring yourself. You're insuring [clears throat] somebody else actually. But the point is to have money for
>> I know I understand needs a new order, >> right? >> I mean, I don't know if this makes any sense at all from a political or a legal standpoint. I'm just talking >> Well, it certainly makes sense that you want to make a deal. It certainly makes sense that Miss Rampes and and the board and you and the board want to protect the public. So I think if there's a
method of doing it, um maybe that's the method, maybe there's a different one, but I think it's something that if you want to set forth what the problem is, then what the gap is >> play devil's advocate. If you were have an application in front of us right now and you want to have a condition of a
separate extro account >> or something like that, he said that's what my answer as a if I was a developer playing devil's advocate. That's why I have insurance, >> right? Pay for it. Does anybody talk to them and say, "Well, you never the first time we brought this up."
>> I don't even I don't know. I don't know if legal we can even make that approval. I don't know about that. >> I I think the frustration is look, something's happened to to to some homeowners. And they're like, "Oh my god, I didn't do anything wrong and this has just happened." And you know, if if
and I'm sure they're saying, "If this development wasn't there, this wouldn't have happened." That's the little truth. >> Yeah. application to begin with, >> but but that's what promotes the board looking at it. Something happens, there's a gap. Is there a way
that the board can help address the gap legally? I mean, if you can't you got we we can't create law because we're only a planning board. We can make recommendations to the commissioners for them to create law, but if there's nothing nothing on the books on an
issue, you can't just wing it. You know, it's just that he'd get shot down in a minute. >> I know that Dave was said that, you know, in the beginning when they started construction, they were not allowed to start construction before 7 o'clock. They were going in at 6:00 and 6:30, right?
>> The neighbors called, you had to go down and shut them down. Yep. >> And say you can't. So, I mean, there's something in writing that says you can't start construction before 7th. You have to end by this time. Maybe there's something that could be written. I don't know. But that's
>> I guess I guess in that regard I'm trying to think and I don't have a good answer at all for you. I'm sort I'm trying to think okay we know what happened here. Is there something that could have been done ahead of time that would have prevented this from happening? Like uh did they fail to get
some testing done or some I don't know we don't know. But the point is if there was we could certainly say before you do X you have to do Y first. uh that I think is probably you know manageable but you just you know
I wish there were a better answer but I don't I don't know >> it's a good subject something to to to drill down and see you know >> we're here to help the people >> well we all are right >> have to help developers to help the people rest
>> well they're they're people too and they're entitled to a fair shake but then they they have to they have to be fair too Everybody has to be fair to everybody. >> I think we're we're we are more than fair and Oh, yeah. and and uh amicable
and helpful to our developers. We just make them uh do things the best we possibly can. >> So anyway, that being said, so we'll have a workshop uh two weeks from today and I don't assume there's any committee reports, counselor's report. You've
already reported yourself. You did great. >> I'll do let me just got one more. Just a comment briefly, the innovation application which this board approved uh not that long ago. Uh there's been an appeal taken by the objector with respect to the that approval. Uh it's u
it's only just been filed and just been served. I don't have anything else to report on it except to say it's been filed. Uh and the the township will be addressing it as we go along. >> We have to defend that, Gary. Barry, >> I believe we do. uh in this particular
case uh they sued everybody. So, you know, the planning board's been sued, the applicant's been sued. Uh the I believe the commissioners are probably sued too somewhere in there. Uh so, everybody has a somewhat different legal interest. Although, personally, I
believe, >> you know, kind of kind of offensive that the planning board when they write in there was arbitrary and capriccious when we spent when we spent >> Look that up. Yeah. [laughter] It's it's legal nomenclature as we all know. But the but the point is look from
our perspective and and and and what this board did. Uh as to my knowledge the board did did everything it was supposed to do. Did it right and and bent over backwards for everybody in that application, you know, as the board
often does. So as far as I'm concerned that that the result was properly achieved and it's perfectly defendable uh you know uh uh in this particular instance uh we'd be arguing with the developer in favor of maintaining the
the approval uh and uh we'd probably join forces to whatever extent we can. we have slightly different legal interests there. Uh and certain yeah, slightly different standards in terms of uh the positions that we're taking, but
yeah, I I I think uh it's uh it is what it is and uh it's being processed. John is, you know, sent out to the authorities. We'll see where it goes. >> The the [clears throat] objector made the comment that he didn't think he was allowed to be heard. >> Yeah. I want him to give me one other
place in New Jersey that where an objector got an hour to speak. >> Show me one. >> He knew that was coming from just what the problem. I like you're saying what is what are you not telling us? What is the He's told us what the problem was.
>> Well, I I don't think I don't think we should comment further on it because it is pending litigation. >> Pending litigation. >> So, let's just wait and see what happens. But I just wanted you to be aware that a lawsuit's been filed and it'll be properly addressed by uh the authorities. So, >> thank you.
>> That being it, I'll I'll hear a motion. Motion to >> second. [laughter] I think >> that's right. She's going to run home and have a nice cocktail.