calling to order the Zoning Board of adjustment R and Township New Jersey regular meeting March 21 2024 the notice requirements of the open public meetings act has been satisfied by the placing of a notice of this meeting on the bullton board at the municipal building filing same with the Township Clerk and transmitting same to the Hing County Democrat the Courier News The Star Ledger and the Trenton Times Roll Call please chairwoman Miss Cynthia schaer here Vice chair Mr rul DJI here Mr Steve fario he's asked to be excused Mr Randy block here Mr Jim Ferrero here miss Lindsay K brel has asked to be excused Miss Lorette ktina here Miss Donna Drews here and Mr James Miller he is asked to be excused board professionals board attorney Mr John drill here Township planner Mr Jeffrey Vella here for stenographer Miss Jackie clap here and all other board professionals have asked to be excused can I get a motion to uh to approve and um excused excused absence of I make the motion I second that thank you roll call chairwoman Miss Cynthia schaer yes Vice chair Mr Rami yes Mr Randy block yes Mr Jim Ferrero yes Miss Lor ktina yes Miss Donna Drew yes okay moving on to comments announcements distribution correspondence and minutes I see none moving on to resolution we have two resolutions right am I going with these that are sitting here yep okay so okay go ahead the first resolution is resolution number 20243 Jeffrey and that is the re P RTL Ling which is the target resolution and this is the draft number three with yesterday's date of March 20th 2024 and we have a couple last minute revisions I want to read into the record that I got from Donna Drews before the meeting okay not a lot of them but there's a few of them but they're very good revisions good picks hold on one [Music] sec he revisions on page seven paragraph five as set forth above the applicant has requested a D3 variance from ordinance section 296-155 to allow 1,20 a street parking spaces where 1,11 parking spaces are required skipping down to the skipping the next sentence the following sentence is where the revision is going to be made the sentence as worded now says allowing for the credit that the applicant will receive for the proposed 39 EV stalls the applicant proposes 1,20 spaces leaving a deficit of 81 spaces first of all 39 is wrong it should be 40 and second we have to make this clear because of the credit we're going to add a sentence so this sentence is now going to become two sentences as follows allowing for the credit that the applicant will will receive for the 40 EV stalls the applicant proposes 120 spaces leaving a deficit of 81 parking spaces then the additional sentence is going to say the total number of paved parking paved parking spaces will be 980 to make it clear then we go to page 29 we pick up this same language this is in a condition this is comments emanating from the board members during the hearing on the application this is actually Donna Drew's comments during the hearing to Revis the site plan to make it consistent so now condition E3 on page 29 is going to State 40 instead of 39 EV made ready stalls shall be provided with two of the 40 EV Make Ready stalls install to the satisfaction of the board professionals period then we're going to add a sentence revise the plan to reflect that there will be a total of 900 paved sparking parking spaces then on page 31 bottom of the page we have condition 11 if you go to page 32 we have condition 12 13 and 14 this is also at Donna Drew's good point I missed adding this condition we're going to add a new condition 12 and then number 12 13 and 14 as 13 14 and 15 the new number 12 is going to say the heading is going to be removal of unauthorized signs and rest striping and then what it's going to say is Kohl's revised their parking layout without prior approval the stop sign oh yeah yeah the stop signs and the restriping shall be removed and restored to the prior approval condition period this condition shall be complied with prior to the issu issuance of a zoning permit for the proposed development period can just yeah would should it be Kohl's or should it just be the applicant because it's not wasn't just right it was just it was all it okay that's that that's what Jeff's memo States okay so so the target applicant no the target applicant doesn't have to do this so it's got to be done okay before they get their zoning permit it's got to be done that will put just like you know with the cell tower sometimes yeah yeah that's exactly what I'm thinking condition this will ensure that the condition is done because this is not Target's fault right it's some other tenant right so it's the landlord that has to make sure that this is done that's right that's fine okay and I had spoken with Steve in the last meeting the attorney to make sure they do that and he said he will well all I can tell you that's wonderful no that's great unless he's no BL he wanteded in the writing but he said he'll make sure he talks to the correct you know what if he says that I can't believe you they inserted that as a condition I'm going to tell him oh no no no you actually had a conversation with one of the board members and said it was fine yes I'm G okay so we are going to approve this resolution tonight with the approvals with these revisions with the provisions but Steve grenberg the attorney is not aware that's right he's not aware of him that's all right he's not aware of I'll tell you what watch this I told him to keep the cell phone with him I I know you ke call gromberg Steve mobile calling Grom Tara's not here on the next application if we have a problem we can call Tara Steve's not here on this one I can call her okay right yeah and the reason for the 39 okay Steve Donna Drews wants two things revised in the resolution can you focus on this now or not9 yeah one of them good is I have the wrong number of e stalls at 39 make that 40 that's you know that's my that's my bad and she wants a sentence add it to make it clear that the total number of paav sparking spaces is going to be 980 not a problem right correct but that's the correct number Jeff just conf confirm that and we're going to add a condition at the end I missed that in Jeff's report the Donna came in and said listen yeah you got to add a condition to make sure it gets done and so a new condition number 12 is going to be added conditions 12 13 and 14 are going to be renumbered 13 14 and 15 and number 12 is going to say right out of Jeff's report CO's revised their parking layout without prior approval period the stop signs and the restriping shall be removed removed and restored to the prior approval condition period this condition shall be complied with prior to the issuance of the zoning permit for the proposed development listen and I will tell you he just said he spoke to you about this the last meeting at the last meeting you said it would be taken care of put on phone Steve says that all he said was he would mention it to the landlord and he never said it would be done well now it will be put put it this way okay he he he he cannot consent to this but the board you know has discretion to do what it wants to do all right I'll let you know what happens okay okay bye I I would like to add I sent a notice and their plan is to they sent a notice to who the the land the land you sent a notice of violation yeah oh okay okay I'm sure it's going to get done all right you don't in another words you don't need consent we try to get consent need consent okay the other thing that I I want to make sure is did we satisfy John Morgan Thomas the Landscaping issue so this is how that end this is how that ended up Steve says the board granted the Landscaping exceptions he said that he that the reason that the board granted it was when the motion was made at the end to Grant approval it had to include everything I said Steve the motion yeah I said we were pressed for time normally I make a motion and I say it's you know the D variance the C variance it's exceptions I said we didn't say that we did you a favor by by going fast so what was approved was what was discussed the board was not satisfied with the exception so Steve sent me an email because I said look what do you want done do you want the resolution adopted tonight because if you want to argue about it we can argue about it at the next meeting so he sent me an email and he cced Taylor so it's in the file good afternoon John this he sent me at this at uh 12:09 p.m. this will confirm the applicant wishes for the resolution to be adopted this evening as presented that's everything other than those revisions we just did in light of other matters not proceeding I don't plan to be in attendance of receiving less advised to the contrary and he and then he he we spoke on the phone he said look he knows that they were told to work with John Thomas he said it was his understanding the board granted the exception for the landscaping and then work out the numbers of John Thomas I said Steve what exception did they Grant then how how would you know until it's worked out with John Thomas I said they denied the exception told you to work with John Thomas you guys said you thought you could comply but if you couldn't we said come back so I told him he could come come back if they can't satisfy John Thomas and then I I spoke to John tonight he said listen try to you know do something reasonable but if doing something reasonable means they need an exception then they'll come back you can always support their exception and I told Steve that if it's an exception only not amended site plan approval they don't even have to notice if the ml doesn't include exceptions in the notice provision unless it's with site plan so he ended up saying yes he wants to get this adopted and like I said before these last revisions that you just heard me talk to him about on the phone he said yeah adopt it I understand and we try to support we try to move things along but I you know if he knows nothing else about this board impervious coverage and Landscaping are two things that we are sticklers on um we like to keep the character of our community as best as possible and um I'm just a little taken back that he's taking that position or or making those comments but it is what it is if he's got to come back for an exception no no um what's here which mentions that the John it's going to be reviewed is there anything in writing no yeah it says this thing says you denied those you denied those Landscaping exceptions he he denied that we denied you Den that's what it says he wanted to change it to say you granted them oh yeah okay until it gets out John okay correct all right so and I spoke with John Thomas phone today and Jeff and all the professionals agree that their understanding of what happened was the board denied the landscape exception the whole thing came down to time we we were two minutes after 10 after going to 10 to 11 another one and know this is and we're trying to satisfy no favor goes unpunished yeah well so we learn Hardway all right so what do you need an approval to yeah so I need someone L dami Drews ktina cool bingle's not here Miller's not here or Schaefer to make a motion to adopt resolution 20243 the third version but as further amended to make it a fourth version with today's date on it I'll I'll make the motion I'll second it can I get a vote please chairwoman Miss Cynthia schaer yes Vice chair Miss RI yes Mr Randy block yes Miss lorett ktina yes Miss Donna Drew yes okay moving to the next resolution hold on I got to get myself field you ready good done okay we in Township B adjustment Fieldstone at Flemington LLC block 40 lot 3 57-59 Boris Corner Road applicant number bo-1 19-2020 resolution memorializing Grant of a D4 floor area ratio variance C2 variances and exceptions and preliminary and final site plan approval to allow for the construction of a twostory self storage facility with parking and storm water facilities resolution number 20 24-4 version 20 [Music] 24-3 version 20 no excuse me 20 version three Redline okay this one red line is acceptable to the applicant okay just needs a motion from okay so can I get a motion same group of people so move I'll can I get a vote please chairwoman Miss Cynthia Schaefer yes Vice chair Miss rul DJI yes Mr Randy block yes Miss Lor ktina yes Miss doners yes okay moving on to the applications this evening boa case number 05 d221 sues kala R kala thank you apologies CL clock 4402 lot 2624 Tiffany Drive application time extension request for obtaining a final certificate of occupy and I have a letter here that I can read dear Taylor uh dated March 18 2024 please be advised that this office has been retained to represent the applicant in regard to the above matter I understand that an extension request is presently pending before the board of adjustment for Thursday March 21st 2024 kindly forward to us any review reports in advance of the meeting we will review and be in touch of course if there is any additional information that you require please feel free to contact me Steven Gruenberg for no John I apologize I don't have it's in his red wall the other letter from Steve asking for to be kicked one sure okay okay an updated letter was provided on March 19 2024 dear Taylor in furance of my letter of yesterday and in light of the issues presented in the planers review correspondence we request that the extension requested be adjourned to the board's second meeting in April in order for us to review the potential need for amended variance relief and to provide the appropriate notice of a hearing as may be required we believe this this to be a more effective use of the board's time in order that all issues may be addressed at once if there are any additional information you require please feel free to contact me Stephen P grunberg so this one absolutely needs an extension but I'm going to let Jeff explain because you went out there and took a look so my understanding is what they installed deviated from what was approved so they also need an amendment is that correct that's correct and so we said to Steve doesn't make sense to come in for an extension they going to ask you know where do you stand and then you're going to say oh what was built deviates from what was approved so you might as well just make the application for the amended variance and extension at the same time because otherwise I don't think they're going to want to extend something where they know the thing wasn't constructed per the plan okay so we're going to have to wait for them to uh yeah the latest update is that they got a they have a survey ready and they intend on submitting very soon so okay now before the only one that's going to be heard tonight is five birds so you might as well why don't you do the other two first that are also seeking a Germans knock it out and then five birds can have the rest of the evening they're not going to need that long in any event okay all right moving to the third case boa case number 09- 2023 Jeffrey rruff block 44 lot 24377 page Place C variant for exceeding maximum hard surface coverage of 20% and there there is a letter here uh dated March 21st 2024 Dear Miss V as you are aware this office represents the applicant Jerry Jeremy van druff in connection with his application pending before the board of adjustments please be advised that the applicant hereby withdraws his application in this matter to the extent a board vote is necessary we would ask that the board accept our withdrawal or dismissal of the application without president Prejudice as to any F future fine filings please feel free to contact me with any questions Matthew R Flyn so on this one if someone files an application up until when the board starts to hear it they can withdraw it unilaterally this thing the hearing started on December 7 2023 you have a board rule that says when that happens they can't just unilaterally withdraw it so he's asked in the alternative so I think someone should make a motion like he's requested dismiss the application without prejudice there'll be a very short resolution memorializing that so it's clear that it's been dismissed but without prejudice so they can refile it if they want to okay can I get a motion for that but that would be done only people that were here for that hearing so no no anybody anybody because they they don't want to continue y thank you I second it thank you roll call please chairwoman Miss Cynthia schaer yes Vice chair Mr rui yes Mr Randy block yes Mr Jim Ferrero yes Miss Lorette ktina yes Miss Donna Drew yes okay moving to the next application boa case number 08- 2023 applicant is Hun in storage block 44 lot 2437 177 Highway 202 31 South applications for a d variance for outdoor vehicle storage at existing storage facility and we have a letter can yeah can you read this letter into the record then I'll have something to say about that okay March 2024 dear Taylor I am in receipt of Jeff vella's report dated yesterday March 20 20th 2024 which was forwarded by email to me at 4:18 p.m. yesterday unfortunately there is simply not enough time for the applicant to review and provide a response to these issues in advance of the public hearing this evening I personally was in a public hearing until 1000 p.m. last night my expert engineer planner is presently at a conference in Atlantic City and had planned to leave that conference to attend the public hearing we have prepared our presentation in advance of the meeting this past Tuesday on the basis that we had all the professional reviews review correspondents as such we respectfully request that the hearing this evening be adjourned to the board's next available hearing date we would appreciate if an announcement would be made so that no new notice of hearing is required we of course extend the time period for the board to act on this application to the end of June 2024 thank you for your courtesies Stephen P gromberg okay so it's true that Jeff did send out a report yesterday at about 4:18 p.m. but what was in the report these resolutions the applicant knew about I pulled the applicant's use variance um application and in item four it says has there been any previous appeal for a variant affecting these premises if so give the particulars they listed every single resolution including all the resolutions that were attached to Jeff's memo I think what happened is it's not that Jeff's memo threw him I sent them an email after I read Jeff memo I think that's what gave them a curveball and I think that's why they're they seeking the adjournment what my email said was and I sent the CC to the board professionals I didn't send one to uh the tayor I apologize for that um I said Steve I know that the attached memo with attachments was emailed to you yesterday but please make sure to read it at this point when I'm writing this this email I didn't look at their application to see if he knew about these resolutions until after I sent the email and Steve sent his letter so in other words the chronology here is Jeff's memo get sent out yesterday at 4:18 p.m. I review it this morning at 10:45 a.m. after reviewing it I sent Steve an email that says I know the attached memo with attachments was emailed to you yesterday but please make sure to read it especially resolution number 201305 which gives a very good and short summary of the history of the approvals and makes it clear that the extension of the underlying approvals ran out on December 31 2014 as such I will be suggesting at this evening's meeting that the additional concrete pad that is proposed to remain should be removed as a condition of approval the other pad is proposed to be removed to make wave for the paved parking space I will also be suggesting at this evening's meeting that a condition be imposed on any approval that the enhanced storm order management regulations be applied in this application even though they are not technically required if the application was for permitted use before The planning board I wanted to give you a heads up and not surprise you with this at the meeting so he got this read Jeff's memo then called and said you know there's a problem we I got the uh's what's the name of the guy who's John John Hansen he down at the uh the build the builders convention down in Atlantic City he wasn't D back till tonight so I said look just what I'm going to recommend to the board is because in their application they say they have these two concrete pads because for future buildings that the board had approved future buildings which the board had but the approval ran out in 2014 there is no approval for those things M if you leave the pad if you take the one pad out and you put in that outdoor parking area and quite frankly this might be the best idea in RAR in Township for Self Storage to have these outdoor things for RVs and everything so people don't keep them in their driveways quite frankly if you can't see it from the highway which you know the testimony will have to be taken on that but I said you're still going to be over on impervious coverage if you're over on impervious coverage because this is a d variance and it's not before the planning board if the board wanted to in my opinion they could impose enhanced storm water if you want to get out of enhan storm water why don't you just get rid of the other pads since you can't do anything with it anyway that gets you down below your impervious coverage you won't need to see variance for that and that's that's what he you know honestly I mean he needs time he's got to talk to client he's got to talk to John Hansen and all that that's what I think caused him to pull off not Jeff me okay I'm I'm responsible okay with all that said when's the next available hearing date I I could give him two options so I didn't have a chance to speak with him so he could either be on our next meeting April 4th or our first May meeting May 2nd so why don't we do this why don't we continue the hearing on theun and storage application to both April 4th and May 2nd without need for further notice tell him the board did that um and he can pick which one and he has extended to June 30th which is enough time does that sound reasonable to the board yes okay so you you don't need a motion on this but just you're going to direct the board secretary to contact him that please contact Mr gr yes ma'am thank you all right moving to last application for this evening boa case number 0520230 lock 26.0 43 Highway 20231 applicant is a Time extension request of resolution compliance for approval of expansion of a non-conforming use I have a letter yes so is you know if is Tara coming okay why don't you come up in case they have any questions for you I don't think they're going to have any do you want me to read the letter yeah technically they're an LLC Cara should be here but I would think in light of the fact it's only an extension no harm done and you don't even need you know someone here for these extensions so we're not going to swear her in unless a question comes up hopefully there won't even be a question her letter is pretty clear the March 12 letter okay March 12th 2024 Dear Miss V as you may recall I represent five Birds Farm LLC the applicant noted in the above reference resolution I am in receipt of Mr vella's compliance review letter dated February 29 2024 and Mr Kur kinc compliance review letter dated March 4th 2024 such compliance review letters were issued in response to revised plan submitted by the applicant on February 20 20th 2024 I had previously requested a six-month extension to comply with the items noted in such letter and complete the required improvements however after Consulting with M Mr drill and Mr Vella there have they have confirmed the March 202 the March 21st 2024 deadline only applies to the plan revision signing of the plans and recording of the associated deed restriction therefore I must I am revising my request to only be for a 90-day extension based on the above reference compliance review letters the applicant is required to make further minor revisions to the plan regarding the parking area after such plans are submitted such will have to be revi reviewed by the board professionals and then signed additionally a deed restriction must be reviewed by the township attorney and recorded with the H County Clerk's Office applicants engineer and anticipate submitting further revision plans within one week of the date of this letter I have also been in contact with the township attorney regarding the required deed restriction therefore applicant is requesting the 90-day extension to ensure that the revised plans can be reviewed approved and signed and the required deed restriction returned recorded from the Hun County clerk's office please advise if this reest can still be placed on the board's next agenda very truly yours Tara a St Angelo okay so this one is pretty easy the approval resolution is number 20236 and condition one says the applicant shall revise the site plans referenced above by drawings Andor notes to the satisfaction of the board engineering expert and the board planning expert to incorporate following comments and the applicant you'll have until March 21 202 to do that they want an extension 90 days from March 21 to June 21 2024 so is that just a miss that that's all this is at the end of the day that's all it is okay great because yeah it's like a no-brainer one okay so someone make a motion to Grant the extension so move can get a vote chairwoman Miss Cynthia schaer yes Vice chair Mr DJ yes Mr Randy block yes Mr Jim Ferrero yes Miss lorett ktina yes Miss Donna Drew yesie dokie was easy okay hearing no more applicant for this evening I think we can get a motion to adjourn yep all in favor well anyone [Laughter] oppos okay I don't really need to keep