to the flag. Liberty, >> Mr. Alphaano >> excused. >> Mr. Deltu >> here. >> Mr. Smith >> here. >> Miss Tangora >> here. >> Dr. Marquesy.
>> Mr. Corbanic. >> Commissioner Scarpelli >> here. >> Mr. and and I can do this. Wait a minute. Tendia >> here. >> Mayor Kelly >> excused.
>> Mr. Kazira >> here. Mr. Contella >> here. >> Miss Rempucheski >> here. >> Mr. Audi >> here. >> Okay. Uh, Mr. Kent, I mean, yeah, Mr. Canal, please sit for the mayor and, um,
uh, Kathy. >> Okay, never mind. Okay, let the record show that the mayor is here and no longer excused. Uh, Mr. Can you tell the police for Mr. M? >> But he's counting because the mayor's here.
>> Oh, can everybody turn the mics on? >> If it's red, that means >> Okay. >> Thank you. Pursuant to the requirements of the open public meetings act, notice of this meeting was included in the annual
notice of the regular meetings in the year 2026 as advertised in the star ledger on February 5th, 2026. The Harold news and enough sun on November 20th, 2025. The copy posted on township from Nutton Bulletin board first floor town hall. Copy is filed in the office of
township clerk and copies are available to uh general public. Okay, we received minutes. Um, I know Jerry, you made a couple of uh changes. Okay, those changes have been made, right? You said Siri. >> Yeah.
>> Any other discussion? I hear a motion to approve. >> Second. All in favor? Opposed? Extensions. Thank you. >> Communications and bills, please. I have uh one bill for approval this
evening. It's from Miss Sherry for attendance preparation of the meeting minutes for the March 4th 26 meeting with approved by the uh it's in the amount of $150 which reasonable motion.
All in favor? >> That's it. Wait a minute. Communications late delivery here. I'll wait for Gail to get back. Sure. Okay. Uh we we receive for flight aial verification
permit application. This is from prison capital partners and it's for Bar 200 Barry slots and block 102 various slots. It'sformational. No asking was required by this story but it's not from the
three pieces that such application has been made. >> So that's one communication. Second one we have is from uh some risk services. Uh we don't need
to get much into this. It's an it's a letter of insurance denial with respect to uh litigation that the township has involved in the lumber. U the town submitted it to their carriers in the hope that they might cover any defense costs with respect to that but it is not
covered by the policy. It's forformational purposes and no action taken by the board. Oh, you always take a shot. Don't say >> I got a question. >> Yes. The first one is that a prism
development project from the innovation center. >> Oh, it's for the innovation. >> Okay. Okay. Yeah, I'm wondering even if you know will we get noticed or or do we get noticed for their improvements on the playground side
and does that and and will those developments affect the drainage where we would be concerned about u so the answer is the this board doesn't get the council does get and uh yes
applications that property are immediately adjacent to I mean they uh back but they they're they're examining for that purpose when when they get that's why you get the notice in the first place. So the township
uh always refers those experts for anybody through property. >> So the commissioners may get a notice and you guys may comment on it without our involvement with or without our
involvement. That's correct. It'll get submitted to the >> review. >> But did did they agree to do above and beyond what D required? So how would who would look out for that Dave >> for what
>> in the end when we approved them they agreed to go above and beyond what the D basic regulation work? >> Yeah we do. Yeah with the engineering department. engineer and the code department work together on resolution compliance >> all your following that
>> okay >> along with their cons engineer >> following just on our side >> now you like you know obviously my point is you we beat the innovation center to death we're going to beat the data uh center to death regarding storm water but some development
100 yards upstream of the upstream to the Clinton sign we may not be involved with at all >> correct you know what I mean It certainly wouldn't have our intents of evaluation. >> Well, I'm sure if they found something that was an issue, we can object in some
form or another. But how far? >> I think Jerry's point is we might not get notice of what would be objection. But they always that's Yeah, but that's always the case. Yes, we have no uh new business. We have
no applications and no resolutions to uh uh regarding old business. I just want to read um just for clarification um some definitions and stuff that we uh sent up to the commissioners um October
24th to 24 uh shops, excuse me, I'm sorry. Born shops, a a business or store where we can leave possessions in order to borrow money or buy objects that others have left uh that are now for sale. Bail bondsman, a person or a person or business who charges a fee of
criminal defendants in exchange for standing as shity for their bail. Check cashing businesses or service a business that accepts or cashes for compensation. Uh a payment instrument regardless of the date of that payment and short-term rentals. uh a res a residential dwelling
unit or portion thereof uh rented by the property owner or leasing for income purposes to a person or group of people for a period of less than 30 days. I just wanted to put that in in the record. Okay. Um Oh, I'm sorry. So, we got some plans.
I don't They were emailed for us for 530 uh Franklin Avenue, right? And you have copies for us? >> Yes, sir. >> Is that what you have? Is it is it I have to know it was emailed. >> Yes. >> Okay. Did anybody have a chance to take a look at it? I looked at it briefly. 93
>> came out sometime today. Was it today? Well, it's 5:30 Wild Franklin Avenue. It's the basically the abandoned building next to uh Beyond >> between Beyond and Neil. Um it looks like it's going to be some kind of office up the first floor.
>> The mixeduse building. >> Mixed office. >> Commercial space with two apartments. What? Three floors. >> Three floors. There's there's right now there's a commercial space on the ground floor. There's a residential apartment. They want to add an an additional apartment.
>> Okay. So, what I got in the email is what is going to be presented that evening. >> Yes. >> Yeah. >> Yeah. I don't know if they're going to choose to bring >> The reason I'm asking you that is I didn't see a grant of the adjacent properties to scale. >> There's one to the right side but not
the left side. You want to hear these out? >> Yeah, sure. I didn't get it. Is there is there a light in front of paper? >> So, there's no rendering showing the Beyond Building and the Mean Bryce. He's the owner who bought um Ruth
Beford's house. He's a developer. Oh, >> yeah. He's a developer. He does a lot of work. Um think we need more apartments across the street from >> Well, if you look at the side of the property based on mixed use uh density,
he's allowed to have three. He's only asking for two. >> So, but I would like I would like you to tell him that I would I want a rendering of both pieces of property. >> Yeah. uh both sides uh to scale because it's going to be one story build up
higher than the other buildings. Um >> yeah, well I don't think that and Tommy correct me if I'm wrong on not telling me what everybody thinks, but I don't think we need uh Paul. >> I was going to ask you
think maybe we should have uh I was going to say Dicky, but I know maybe you should have take a look at that. It's just that >> Yeah. So that does anybody disagree? It's a threetory building on 50 by what?
>> It's an automatic site plan application. So there's one of those on it. >> I got to go for Grace uh I'm okay with scheduling this for the 18th uh subsequent
expert I'm sorry the 15th of April uh uh conditionally that our experts have time to obviously they'll have time to review it but they're available at this >> is that in here?
>> Yeah. You want both side? Yeah, definitely. >> Oh my god. >> Have him do it with both sides. I know this might be a little might be a little he didn't do it because >> it's kind of far away. >> I think he assumed that he should assume
>> you want to do to the to the next building. >> Yeah. Show it should show his building from the Camille building and beyond. Construction or rental. >> No, it's on it's on the right side. It's right next to the driveway. First thing first.
>> Yeah. The big piece of in the front window. >> Yeah. Getting a lot of complaints about it. It's been like that for years. >> Yeah, I know. >> Okay. So, um What? >> Yeah, it's a total >> Yeah.
My father by 11. Okay. So, we're agreed. We're going to schedule it for the We're going to schedule it for the uh 15th of April. >> Uh and Dave, can you reach out can you reach out to uh Paul and Canon,
whoever's taking over for >> and make sure they're available that day. >> What's the date? >> April 15th. So, >> you say we're going to meet on the 15th and 29th. >> Yeah. >> Not the first. >> No. Good.
Okay. And finally, our workshop. Did every everybody got a copy of the uh proposed definition that we uh come up with for submission? Did everybody read it? Do we have any comments, questions?
Would you like me to read into the record? >> Mark, I want to I want to bring something up. >> Okay. >> There's a thing called house hacking. And what they're doing is they're renting out like a room, unfinished basement, even a couch. It's like some
new trend, not for long stay, for very short stays. And you can look online. It's called house hacking. I just wanted to make the board aware of because you don't know where that's going to go. It's like a trend with the younger crowd. You know, they'll just come in
say, "Well, I'm going to the Meadowlands. I'm half a state away. You've got a room for me. Share my front room. Unfinished basement." They're not staying longterm. Very short stays, but that's the term that they're using. And it's
>> considered a short-term rental. >> Yeah. And if you you look at look it up, you'll see a lot of towns are starting to have problems with it. >> House hacking. >> Haven't heard it yet. >> That's what they call it.
>> It's it's a nickname, but >> they're saying yeah, you get a couch. It doesn't matter. Just something to you know, think about. >> No, in two nights. >> Couch night.
So they rent the couch to watch a Monday night football game and then they go down new thing for a concert. >> Yeah, right. Come in sleep couple hours.
Well, thanks for watching. >> Why would somebody want to do that in their house? I can't imagine. >> Money. >> Red. It's interesting. >> I will. >> Especially with World Cup stuff coming up. So anyway, did anybody did everybody
get the copy that was circulated on the accessory dwelling uh sorry accessory warehouse definition and we'd like to discuss it in the hopes of coming up with a a final version uh so we could by the way Joe did you guys pass that
>> we didn't we didn't add this but the other one that we >> No I don't think we got >> the next meeting >> the next meeting >> so if we agreed on this Could you add that to or does it got to be done separate? >> No, it' have to get do it be separate. >> We'd have to do the same thing we did. We'd have to put it into an ordinance
form and send it to the commissioners. This way we could get they could get on the agenda. >> Okay. Get a list of all the properties that that did you send this out? >> Yes, we sent it in an email >> and I I don't know if everybody has it,
but I have it. Um, so so let me just read this for you real quick. Okay. Uh accessory warehouse definition completely enclosed non non-residential building or buildings in a non-residential zone where up to 90% of
the gross floor area on the lot may be used for the storage of goods, materials, supplies or equipment directly related to principal use of the principal permitted use uh shall constitute an accessory use for to such
establishment. accessory warehouse may not exceed 35,000 square feet of floor area. Now, first of all, the reason we came up with the 35, we originally have 50, we lowered it down to 35. We have a list of uh
h looks like about 15 different properties that are basically some kind of a retail or some kind of a a store of some kind that has basically a warehouse in the building. Okay, everybody knows Tucci Bulls. They have the showroom area
in the front and they have the back mo most of that building is is storage. Across basically across the street is that um cosmetic place. Most of that building is warehouse because they do a huge amount of their business online. Um so the biggest building
um that is that has this situation is just under 33,000 square feet. So we we have 35,000 square feet as a total size of the building. only one unit uh is is allowed on on a lot and the uh at 35,000
square feet 3500 square feet of it could be for the store or the office and the rest of it could be for um warehouse this basically by doing this we're protecting the citizens in our in town who already have uh situations that they have this kind of use and it's not a bad
use it's just that we need to have it defined and and uh been part of our ordinances Anybody have any questions, comments? >> Nothing. >> We met with the, you know, we met in Dave's office for three hours with Paul
Ricky to come up with that. >> Yeah. Yeah. Jerry, I myself, Jerry, and uh Dave were in his office for three hours. >> We got Paul Ricky on the phone for about an hour and a half of it. And uh he's actually the one who came up with the final verbiage. There was probably three or four versions of it. This was his
final one. Uh it was actually actually I wrote it down here. We we met on the 14th uh in in the code enforcement officer. So if there's no discussion, does anybody just think I'm always thinking? >> Keep thinking. I want I want to discuss it. I don't want to just sound.
>> So now you take a big piece of property sort of like 275 where they wanted to put a big warehouse. Could that possibly be subdivided and have multiple warehouses that are 3500 square feet? 35,000. >> But it's not a warehouse. It's an accessory.
>> Accessory. Okay. >> So they >> says you could store goods but for the purpose >> for the purpose of Right. So the pool guy has to store stuff. >> Right. And the cosmetic guy has to store makeup. >> Okay. >> Okay. We talked about that. That's why we did it that way because if you think
about it I wasn't thinking about 275. I was thinking about like um uh where the old proponent building is on Washington. They could buy that piece of property. You could build a 35,000 foot building and have have some kind of office or something in the front and you
can rent out 30,000 square feet to somebody. >> Okay. >> For a warehouse by based on this ordinance they can't do. >> Gotcha. >> That warehouse has to be associated with their their >> whatever they make or the use has to be permitted in the zone. >> So if it's a permitted use in the zone,
then the accessory warehouse is allowed. So, let's say I decide I'm going to buy a warehouse or what whatever we're going to call it. Um, and I'm going to start selling stuff on to Amazon where I'm going to
collect stuff and my front of my building is going to be office space where I have people answering phones out online and then all the good products that I decide that I want to sell I store in that in that space. That's okay. >> Okay.
>> Right. Because that's that's a new kind of thing happening, >> right? >> Yeah. You know, we started talking about >> what's a retail store, >> right? Because you can have a 30,000 foot building and a very small. All that needs is counter that, you know, you
walk in the lobby, there's a counter, you order something, it's got a huge warehouse in the back. Is that a retail store? >> Yeah. Big amount of auto parts. That's exactly one of the examples we have the auto on Washington Island >> cuz the when you walk in that building all they have is a counter and a big
storage area in the back all those displays it's just their product that they're storing there for people to buy it and take off the shelf. So I mean CVS the whole store is a warehouse if you want to look at it that way. You know >> last time we talked about a dozen or so
uh businesses would be impacted by this. How many of them fall outside? >> None of them. Okay. >> We had we had excuse the list is grow.
>> It's like 39. Oh, there's more now from when >> No, from the No, from that this list that we sent you guys on the link. >> So, this is the final list. The one you gave me through through the email. >> There's more more than this.
>> This is what you get. All right. So, so the ones that you added, there's nothing on this that's impacted negatively by the definition. Was there any of the additional not? So down on East Center Street, if you go down East Center Street, First Street from the apartments just about towards
the end, if you go into the back, there's a bunch of like warehouses in there. And the only reason I know about it is because I have a friend who sells u dialysis stuff to hospital and he imports it and he sells it. It's got a pretty big warehouse. Were those counted in that, too? >> What's the address?
>> It's it's it's down on the end of >> East Center Street. Yeah, it's down across from the way you would enter into 52E7. >> And you don't you wouldn't see it because you pull in the driveway, you go to the left, go all the way down to the I've been in there. >> Yeah. >> And there's there's a couple of them.
>> Yeah. >> I mean, it's >> Oh, they are 52 East Center Street. >> Okay. So, they're in there. >> 52 East Center. That's those condo units. >> Yes. >> Yeah. They're all in here. >> Not condos to live in. They're they're >> They're Yeah. Did you see the list? >> I didn't see the list. You just
>> When did you send that new one in? Jessica sent in an email. >> Um I just like I just wanted this guy's out of business for a long time. >> This is you. This is the one you gave that obviously you >> that's not the one that's on the list.
>> I know what you gave me. I could there's more. That's fine. as long as the the the email came from battle on March 13th. >> Yeah. >> Oh, >> and the assessor cards are all in that
link. So, if you if you click on that email, you could click on the link to the assessor card >> which is the square footage of the building. >> I tried. Yeah, it's tough to manipulate to understand. So by adjusting mayor by
adjusting that number to the 90% um that would be 90% of the area is allowed to be used for warehouse. We didn't see that criteria in any of those properties, you know. So >> right by making in 35,000 square feet and making it 90% >> 90%
>> there there is no existing non-conforming use that I know of and you and you how many total you've been to 40 >> that was like 38 38 39 >> did we discuss um did we just did we discuss the zone that
this is >> going to be permitted how do we I just want to make sure >> Well, you probably got you probably got a copy of the old square footage >> from Barry's show,
right? >> Okay. Yeah. >> Okay. So what I have here Dave is B2s, B4s, M's, and M1. >> Wait, what's your question? >> Okay, the zones of the one listed I have from the other day. So B, that's B2, M,
M1, and B4. Were there any additional zones from of the uh additional properties? They're all basically the same. >> Basically the same with the majority of them in B4. >> Okay, >> you can see B4, a real lot of them. So would would it make sense any anybody
want to join in here? Would it make sense to list those as the zones that if this would be permitted in since that's where it's happening and that later on would have would that create a potential issue later on in the development of another piece of property. And I'm not
talking about a piece of property that exists right now with this situation. talking about uh abundant life uh um by all the brothers which is a B4 um uh the um >> abundant life is in M zone I believe or
an MO zone I believe he had an MO >> okay so it wouldn't be >> so the ordinance the ordinance that the commissioners are introduced has warehouses as not a permitted use in that MO zone which is the zone that Kathy mentioned the 275 Kingland
Okay. So, this would not be a per this definition would also not be a permitted use anyway. >> No, this this definition is just a definition. >> I understand. >> It's not listed. We don't list in our ordinance where you could have accessories or not have accessory warehouses.
>> So, we don't need to specify where where it's >> now remember we went over that with Paul. If the use is allowed then that accessory warehouse is allowed. >> That's right. You did talk about that. Thank you. >> Yeah. Like an example would be and I know it's a redevelopment plan and I said it before but like Ralph Lauren I
know it was a redevelopment plan. Ralph Lauren has their whole office there but Ralph Lauren does have a small a warehouse connected to it in in you know some you know a similar use like that.
Even the innovation center has a small warehouse >> right? Could that be go under that definition accessory use because left has then in the back they have that would be >> as long as it's a permitted use this
calculation and this definition would apply. >> Yeah. >> Okay. What else? >> And it's not those are not any bigger than 35,000. That would be really huge. It's not 35,000 ft like what Ralph Laur has. So they're little
>> Yeah. They're smaller. Yeah. >> Jerry, you have anything else? Cuz you were a big part of this when I >> Yeah. What's property class mean >> on that list? Is that >> That's an accessor designation for something. >> It's an accessory designation. Yeah.
>> For an accessory use. >> No, an accessessor. The tax assessor. >> Oh, tax assessor. Yeah. >> Sorry. >> Yeah. >> Dr. Larry. >> Good. Any any observations? Well,
>> Frankie Kathy, anything else? >> That's it. >> Miss Dr. Jobie J. Mr. Mayor, we're good. Okay. All right. So, I'm going to make a motion that the following definition be adopted
by the planning board and submitted to the uh board of commissioners and their staff for consideration uh to be added to definitions in our codebook. Accessory warehouse definition. A completely enclosed non-residential building or buildings in a
non-residential zone where up to 90% of total gross floor area on the lot may be used for the storage of goods, materials, supplies or equipment directly related to the principal permitted use shall constitute an
accessory use to such establishment. An accessory warehouse may not exceed 35,000 square feet of gross floor area on the lot. Do I hear a second? Second. >> We vote. Can we also send a list of
properties to the commission? >> Would that be the list that >> the one that um >> 39 properties whatever it is? >> Yeah. Forward it to everybody. >> You say send it to who? >> We're going to send the list with the the updated list 39 properties. We're going to send that to the commissioners
as well. >> Okay. >> Okay. >> Yeah. >> All right. We have a second sir. Anybody any other final conversation before we vote? Dale, pull the roll, please. >> Um, Mr. Deltufo,
>> yes. >> Mr. Smith, >> yes. >> Miss Tangora, yes. >> Dr. Marques, >> yes. >> Commissioner Scarpelli, >> yes. >> Mr. Tendia. >> Yes. >> Mayor Kelly.
>> Yes. >> Mr. Contella. >> Yes. >> Mr. Arudi. >> Yes. >> Thank you. >> Uh we don't have any committee or subcommittee reports, but did everybody get the email for that video we're supposed to watch?
>> Yeah. >> Well, I only got it, but I was never on that originally though from municipal clerk that went to all the boards, so I didn't know about it. That was back. >> I just didn't mind today. >> Yeah. So I haven't found out about it. Okay. So like you had a chance take it. What does that do?
>> I don't know if there was a date but it's 15 minutes. >> Yeah. >> Yeah. Pass. >> Yeah. I hit play. I got it. Was a pass. >> You guys get the financial disclosure for all.
>> Yeah. >> I one year I forgot and I got fined a hundred bucks. I got to find the >> What is that? >> Yeah, but it's not. I tried to think. >> I don't think so.
>> Yeah, that's that end of the month. >> That that FPS has to be done by the end of the month. >> Yeah. No, >> has to be done. You can't start it until the end of March, but it's got to be due by the end of April. >> Oh, that's why I couldn't open it up today. I was going to do it today. Doesn't say.
Yes. >> Very sobering when you find out you're not worth. >> Yeah. I got I got no worse. >> Yeah. >> There's nobody from the public here. We have no public comment. We have report.
>> Uh I don't have any, you know, I do I do try to pay attention to new cases and developments once I see them. I send them out to you for to review because sometimes they do impact upon things that we've already seen or things that are coming our way. If I do see something, you'll you'll get something,
but they're they'reformational. We do want to discuss them at these probably a good time to do it. But I don't have anything new. Um I know there was there have been some questions about how you conduct meetings. Uh there was a case
that just came down and I think there's a couple of them. Uh when you try to do meetings virtually, you know, and the the span of how they do meetings is broad because there are some townships who other uh their board meetings are all virtual. They don't they don't have
live meetings and and then other places that never went to having anything virtual with the extreme. We're somewhere in the kind of in the middle because we did do virtual for a while and then we pivoted back. Um there's there's no you know I I I think
if you're just doing things virtually it's probably not legal anymore because that was pursuant to a an executive order of the former governor long expired and so um having total virtual
meetings without good cause uh is probably very questionable. I wouldn't I wouldn't recommend that. Yeah. At the same time, let's face it, we do see the benefit of allowing for virtual participation. If one of us is traveling, for example, you want to get
the underput of a board member. Uh certainly probably expanded the public's operative opportunities to hear what goes on at these meetings because they could be listening tonight, seeing what's going on if they have an even come to the next meeting. Uh so there
are some benefits for should be paying back those reasons. But uh um uh I I don't think you can go to you can't exclude public meetings. You have to make your best efforts to have public preference. So I tell you all keep an
eye on so if I see anything I'll send somebody who's depends on the topic. >> So >> like right now there's nobody. >> Um but when there's bigger issues we've had
dozens. >> Yeah. I would think applications should probably get attention even if they decide not to come to the meeting they should be wanting to be aware of what's going on and if they want to participate the uh the warehouse
even I'm sure a lot of play because they're also recorded too so anybody could go back and look at them whenever they want Yeah, you get that information. >> We have anything else? >> I'll entertain motion. I move
>> return.