okay to order the Zoning Board of adjustment R in Township New Jersey regular meeting January 18 2024 notice of meeting the notice requirements of the open public meetings act has been satisfied by placing of a notice of this meeting on the Bolton board at the municipal building filing same with the Township Clerk and transmitting same to the hunon county Democrat Courier News The Star Ledger and the Trenton town roll call please chairwoman Miss Cynthia schaer here Vice chair Mr rul dami here Mr Steve fario here Mr Randy block zest be excused Mr Jim Ferrero also excused Miss Lindsay cool brel here and the following board professionals are present board attorney Mr John drill I am here via Zoom Township planner Mr Jeffrey Bella here uh board engineer Mr aesh Dari present board sonographer Miss Jackie clap here and all other professionals have asked to be excused can I get a motion to uh prove the EXC the excuse of um absence for Randy and Jim I will second that wow chair one missia schaer yes Vice chair Miss Russell dami yes Mr Steve fario yes Miss lindsy cool brano yes okay no comments no announcements uh meeting minutes we have two meeting minutes we have the December 21st 2023 meeting minutes does anybody have any additions or Corrections hearing none can I get a motion to approve I'll make a motion I'll second we do a roll call yeah we do a roll call chairwoman Miss Cynthia schaer yes Vice chair Mr rasul dami yes Mr Steve fario yes Miss lindsy cool bral yes okay uh I don't see it yeah I don't have it either I emailed it to you oh okay uh meeting minutes January 4th 2024 oh that's right this is the closed session okay anybody have any additions or changes no okay can I get a motion to approve I'll make a motion I'll second chairwoman Miss Cynthia schaer yes Vice chair Mr rul dami yes Mr St barcio yes Miss ly bringo yes okay moving over to the resolutions the 452 of them we have tonight thanks to John um resolution the first one is uh bar and Township Board adjustment Richard krier 23 Province Province Drive block 63.0 n Lot 27 application bo- 01- 2023 resolution memorializing approval of a c hard surface coverage variance to allow to allow a hard surface coverage of 41. 52% on the property resolution number 20 23-11 version 20 24-1 D16 D version 4 any additions or Corrections no can I get a motion to approve make a motion can you get a vote hey for me who who I heard that Lindsay made the motion who seconded I I seconded yes okay um just Steve Can't Steve doesn't yeah okay um Vice chairman Cynthia schaer yes oh no I'm sorry chairwoman Miss Cynthia schaer Vice chair Mr rul dami yes Miss lindsy cool brel yes okay moving to the next resolution BR in Township Board of adjustment Ryan e Holi and Esco Precision Inc block 37.0 2 Lots 14 15 and 16 711 and 17 Royal Road application number Bo A-10 d221 resolution memorializing modification of condition one of resolution number 20 22-8 to allow an extension of time period to Revis plans and related documents and to obtain signatures of Rise plans to July 5th 2024 resolution number 2024 d02 version 2024 d01 d5- verion one any changes or additions no changes and additions and I want to note that it's it's a rarity that a version one actually gets adopted it's only because Roger not here I'm sure there is a comma missing somewhere I bet you're right can I get a vote I I'll move it I'll second can you move it oh yeah you can okay okay uh chairwoman Miss Cynthia schaer yes Vice chair Mr rul doni yes Mr Steve fario yes Miss lindsy cool bringel yes okay moving to the next one R and Township Board of adjustment Apex Treatment Center 6 minonin road block 16.01 plot 69.0 3 application bo-1 15-22 3 resolution memorializing Grant of C bulk variants and amended preliminary and final site plan approval to allow the installation of additional equipment on the property in front of the principal structure and within the side yard setback area resolution number 2023 3-16 version 20 24- 01-10 d verion 2 any updates or additions yeah there was a version three which had some minor um typo Corrections very minor so I would just suggest okay not even asking that was my mistake then no problem just I would ask for a motion for version three it's just a couple typos okay can I get a motion to approve version three I'll move that second Lindsay second can I get a vote chairwoman Miss Cynthia Schaefer yes Vice chair Mr R DJI yes Mr Steve fario yes Miss Lindy Co bral yes okay moving to the next one R and Township Board of adjustment Peter and Tara swendra swand swand swand really okay 44 Shields Avenue block 49 lot three application va- 17-223 resolution memorializing Grant of C2 variants to allow the construction of a 988 square foot detached garage within the front setback area in the R3 residential Zone resolution number 20 23-12 2024 d01 d5- verion 4 any additions or Corrections hearing none can I get a vote or excuse me can I get a motion to approve I'll make a motion can I get a vote please chairwoman Miss Cynthia schaer yes Vice chair Miss rasul DJI yes Miss Lindy Co brankel yes okay we're skipping over the next one we're skipping over Shanti yeah but hold don't skip over it yet let's make it explain why we're skipping over it so yeah can you explain and first identify the resolution the lot and block application number and the resolution number okay Shanti LLC 305 route2 block 41.0 lot 3 application is BOA 2017-2021 um you want the resolution number also yes please resolution number is 20 23-13 um so unfortunately late today the tax collector's office informed us that unfortunately this property's taxes are not up to date so I will have to contact the applicant and their attorney tomorrow and unfortunately this um resolution will be pushed until further notice right we gonna table it once they pay their taxes confirm that the escrow is in the black not in the red the taxes are all paid then we can put that back on the agenda at a future meeting to get it adopted okay thank you moving on to the last resolution Gan Township Board of adjustment Michael tasher to toer 12 Hackberry Place block 72.0 6 lot 65 application Bo a-12 d223 resolution memorializing Grant of C1 variants to allow the construction of a 510 square foot deck a portion of which approaches on the rear yard setback area resolution number 20 23-14 version 2024 d01 -6- version 3 any additions or Corrections nope hearing none can I get a motion to approve I'll make a motion I second can I get a vote please chairwoman Miss Cynthia Schaefer yes Vice chair Miss rul DJI yes Miss lindsy cool bral yes okay moving on for the applications this evening boa case number 16-22 3 applicant is re p- RTL Flemington New Jersey LLC block 38 lot 132 excuse me 325 Highway 202 application is for a preliminary and final site plan with a d variance for a proposed Target retail store Good evening good evening Madam chair members of the board Steven Gru and ber attorney in Flemington on behalf of the applicant um I appreciate you coming out tonight and I appreciate efforts made to be able to have a meeting on this matter um we have the need for D variance relief on this application which as you know requires five affirmative votes I know there's only four board members here this evening um there's a school of thought that says that for board members is adequate quorum to hear a d variant but you wouldn't be able to vote um I agree with that school of thought for the future and I think Mr drill concurs in that opinion that by by the way just for the record I also concur with that um school of thought but there are others that don't and apparently um whoever is up in Target corporate is too nervous there's no case on it and so they want to be conservative and cautious so they didn't want to proceed tonight and I'll turn it back over to Steve to explain what you want to do what what John just said we we don't feel it appropriate to move forward on a with only four board members present um that might change in the future if it necessity arises I think the law is on our side but we'd rather have a really clean application with five voting board members at a minimum um so I know that your board schedule is very busy I've got a bunch of applications on before the board too um we would like to have a special meeting if at all possible before February 15th I have my calendar here um and we've been trying to come up with dates I know that John's going away um on certain days um one day that we had available I'm have a commitment long-standing commitment that night and I'm unavailable so while listen listen just so you know don't just because I can't attend I can get someone to cover so it if you're going to do a special meeting don't not do it because of my schedule okay it's more important helpful thank you it's more important that the board planner and the board engineer are clear in their schedules so I have my calendar uh open so what is what is why can't we just go on the 15th let's let's talk through that well we can go on the 15th and I would like to hold that date but I think you have other m matters on for that day as well well okay so understandably um and I'm sure you mentioned that to your applicant about how busy we are um there's not many of us um I I think the other applicant that's going on the 15th is yours it's h in storage okay I can work around that a little bit if it's only the two of us and the other one that's scheduled I mean they're just not confirmed but they were given that spot so the third who on the 15 is Catherine janow Janowski the subdivision well that's gonna be me too right as of this last week so Mr grber can we go on the 15th decisions well I'd like to go on the 15th is there a way we can go another day earlier by opening up a calendar and taking a look at that you were gonna say something yeah I was going to say if Steve has three applications on in that night maybe he can juggle some of those other applicants to move them off that night that's what we're asking I I can yeah well can at least listen I also believe that now what the law says is if you have an application before a board of adjustment it requires a Dev variance by definition to get here and unlike a planning board where on notice you can kind of have a work session on things at the board of adjustment you're not allowed to that said I'm going to make a suggestion that if any board members in reviewing the application to get prepared for tonight see anything that they might want to mention to Steve that maybe that would also push things along because they'd have advanced notice of any issues so does anyone have any issues yeah I don't want to go into that yet until we decide on the date I'm saying let's assume it was just for argument sake assume it was only on the 15th which would give them you know you could wave the 21-day filing rule so that they okay so I see let's let's talk through that because Steve Mr gromberg um that would push you probably to the 15th one question I have and I I didn't um you have gotten the engineering report correct yeah yesterday the new engineering report yes we got yesterday all right okay so I have um a question for you so we know they have to go for a variance for parking okay and um we know they're taking down a lot of trees so I would like to ask is it possible that your Cent your applicant look at possibly putting the islands back with trees and reducing even more parking spaces to maybe I don't know what it would be 10 or whatever it would be and my my reasoning for that is um obviously things have changed the way people shop and so um I don't ever see parking lots targets or others filled up and I would really like to keep some um quaintness uh to our town and the one thing I I that always challenges me to Target is how they wipe out everything um the Princeton Target um it just there's just no character everything's wiped out it's very concrete and so all I'm asking is since you're already going for a parking variant is there a possibility that they could consider putting the islands in with trees um as a consideration in other words and seek a greater parking variance and get those revised plans submitted under the ml 10 days before the 15 so by February 5 so that the board could be in a position if they want if they felt otherwise to Grant the application that they could Grant it on the 15th and I just want to before you say anything I'm sorry I didn't get a chance to talk to any of our my board members so if you have an objection to what I'm asking no I I I support okay what you said but I also want to add another thing on top of that if it's storm know H isor okay all right and I'll make another suggestion if any board members have like technical issues engineering issues they should talk to Rakesh offline and he can give input to the applicant and the applicants engineer about that and just and again have these revised uh drawings submitted by February 5 so that there'd be something in front of the board on February 15 that if they could get there I mean if Steve could move his other two applicants off the 15th and the board agrees that maybe it stays a little later if it has to to finish this thing this application could be finished on the 15th I um there's one I know I can definitely move off the 15th and the other one I'm pretty certain with some coaxing I can move off the 15th I just can't commit to it right now sitting here but um I'm anxious to move this so you're seeing with what I'm asking I don't I don't know if earlier will work I I I understand yeah so and I understand your point about uh increasing the parking variants in order to have a uh a better landscape Island and that would be a justification for an increase correct we're not going to talk about you know deliberations before the applications even presented but right you're you're you're reading it correctly and I'm going to predict that that board member yeah we're good yeah that the board member after he speaks with rock Kesh you'll probably get some engineering input from him also perhaps I'm just going to take a guess storm Water Management that's going to be my guess and what I will do is I will have U our engineer reach out to uh Mr dargy as soon as possible to address any of those concerns yeah and I'm going to ask um so I'm gonna ask rasul to reach out to raakesh tomorrow over the phone and give him your input so Rakesh knows what your uh concerns are so he knows what to tell the applicant's engineer so my question is John um will if they agree if they look at this and agree will they only need to provide the One Landscaping um page and not the whole packet again only change put it this way they're gonna the Landscaping drawing and whatever uh so I don't know how many sheets are in there there's going to be a site plan sheet there's going to be a landscaping sheet and I believe those will probably be the only two sheets but again let Rakesh Dari speak to their engineer in consultation with Jeff Vella okay and they can we'll try to get the you know the minimum number of sheets that has to be in front of you and if you know if there are other sheets that have some minor Corrections you could make that part of a a part of a condition the notice in my opinion already seeks the parking variant since the Bo would be asking for uh less spaces and more Landscaping I think his notice is fine so I think if you give him the 15th all you have to do first of all is there anyone in the audience tonight because I can't tell no no so you make an announcement there's only one person online okay so we G to make an announcement that the hearing on re RTL Flemington New Jersey which is the target retail store application for D3 conditional use variances and preliminary final site plan and some additional C variances and some exceptions the hearing is going to be continued without need for further notice to February 15 2024 in this hearing room starting at 7 pm and Steve you just need those revised plan sheets to be sub submitted by February 5 paper copies and digital so the other thing I was going to suggest is if there was any response to any of the memos so it goes rather you know what that's a good idea Steve whatever changes you can make for the the suggested conditions from the board professionals that you can put them into the revised set and that will give even less changes that have to be made the more likelihood that you could walk out on the 15th if everything else has been order with an approval and less to talk about on the 15th exactly we'll make the meeting make the meeting shorter with that being said there's an awful lot in your report and I wanted to ask before we left tonight have you there there there's been no meetings so so will that give you the opportunity to meet and get through the 48 48 items or whatever there are in Jeff's report yeah we'll we'll um we'll take a look at as you know that I'll pick up the phone and we'll meet with Jeff to try to address those so there a lot of when I was reading about sign yeah great so we good for holding off in to the 15th then yes um I appreciate it and uh I'm glad I came tonight because you gave me a lot of good input so that was good okay great thank you all very much just we would entertain and we would like us score like Target in the area it's just that thing need work with this understood hey John they have a Time extension till March 12th do you want to extend it or you're I want kick it out kick it out to April 30th Steve okay do you agree to that [Music] Steve Steve I can't hear yet April 30th extension I know I know what you're asking me but you know my problem too on this particular application can I deal with that issue on February 15 yeah what did he say can he can he deal with it on the 15th feary 15 yeah the extension right now is to March 30th it's to March 12th 12 okay Steve give us March 30th then we can deal with it on February 15 accept it okay I don't even have authority to do that but I'm doing that that's all right you're doing it you have implied authority to do it that's right okay Steve you better get out of there before they ask you something else actually yeah actually wait don't go yet oh no not not with this board I'm sorry okay all right yes please okay so I think that's all the uh business before the board yeah um yeah so can I get a motion to adjourn I'll make a motion will second it all in favor anyone oppos and I just want to say roesh nice to see you fcking board same here John yeah and reesh the report was very good thank you thank you thank you very much me to say that I forgot and um Steve Steve I'd like uh