Very close. >> Calling to order the zoning board of adjustment routing township, New Jersey regular meeting February 5th, 2026. Notice of meeting. The notice requirements of the open public meetings act have been satisfied by the placing
of a notice of this meeting on the bulletin board at the municipal building filing same with the township clerk and transmitting same to the courier news and this star ledger roll call please chairwoman Miss Cynthia Schaefer here
vice chair Mr. Aul Damji has asked to be excused Mr. Steve Barcio he has also asked to be excused Mr. Randy Block >> here. >> Mr. Jim Ferrero >> here. >> Miss Lindsay Kbringell has asked to be excused. Miss Lorett Cina
>> here. >> Miss Donna Drews >> here. >> And Mr. James Miller >> here. >> Board professionals board attorney Mr. John Drill via Zoom. >> Via Zoom. >> Township planner Mr. Jeffrey Bearella >> here. Uh board secretary Taylor Vaughn
here. And then all other poor professionals have asked to be excused for tonight. >> Okay. Can I get a motion to excuse Russul, Steve, and Lindsay? >> So moved. >> I second it. >> Roll call. Miss Cynthia Schaefer. >> Yes. >> Mr. Randy Block.
>> Yes. >> Mr. Jim Ferrero. >> Yes. >> Miss Lorett Cina. >> Yes. >> Miss Donna Drews. >> Yes. >> Mr. James Miller. >> Yes. >> Okay. Okay, moving on to comments, announcements, distribution, and correspondence and meeting minutes. Seeing none,
uh resolutions. None. So, we're going to move right to the applications for this evening. Um application, the first application, BOA case number 02-2025. Applicant is Cheryl and Vincent Bernetti. Location is block 63.09, lot
12 5, Sunrise Court. applications for a C variance for construction of inground pool within the 15 ft setback and exceeding a 20% hard copy hard surface max maximum. So
you need me to read this letter into the uh >> Yeah. So first things first, maybe just read uh Taylor's letter to Mr. Kyle and then read her letter that she wrote to the board.
I'll read Taylor's letter. Taylor, you have your letter >> or you want me to read? >> Can you read your letter? >> That's up to you. >> Oh, yeah. M, you can have a seat if you want. You don't have to stand this whole time. >> Okay. >> No, no, no. You have a seat here at the table. >> Okay. >> There's a microphone right there, so you
don't have to stand. >> Okay. >> Okay. Uh, this is a letter from myself as a board secretary. It's dated January 16th, 2026. Again, it was addressed to Jim Kyle of Kyle Mcmanis Associates and it states, "Dear Mr. Kyle, please be
advised that at the board of adjustments January 15th, 2026 meeting, the board acknowledged the letter you sent requesting an adjournment of the hearing on on the application to further discuss with the board engineer his technical
comments and concerns. Please be further advised that the board discussed the request and announced that the hearing on the application has been carried to April 2nd, 2026 without the need for further notice, but subject to the applicant granting a time extension for
the board to act on the application to July 31st, 2026. If the requested time extension is not provided by next week, the board indicated that it would dismiss the application without prejudice at the February 5th, 2026
meeting. If you have any questions or concerns, please contact our office. And again, this is a letter addressed from me. >> So, Cynthia, can you read >> Miss Brunetti's letter because I think she just didn't realize the timing of when to get the extension. And so once
she realized that there was a series of emails that I was also involved with, I think she granted the the extension. But could you read her letter into the record, please? >> Sure. Dear Miss Vaughn, please accept this correspondence as consent to extend the time the board adjustment has to act
on our application presenting pending before the board until July 31st, 2026. Should you have any questions or require additional information, please do not hesitate to contact me. regards Sher Bernetti who is here today. >> So technically even though it's outside
the time limit of the letter again I represent the board not her but I can vouch for the fact that I think there was a misunderstanding. She didn't really focus on that part of the letter. She just thought that the board wanted to know what was taking so long and
where they were with everything. So, um, Miss Betty, do you know that in fact you guys will be ready to go April 2 now? >> Yes. Well, we um >> you're going to have to speak a little bit closer by Zoom.
>> Good evening, everybody. Now, that's good. Yeah. Um, well, thank you for um you recalled the events very clearly. Uh, this application's been going on for like five years and we have a number of stormwater issues with our neighboring
properties that took so long to get it to this point. And yes, in in fact, we jumped on the engineers's comments and we failed to write the letter and um it was really a oversight on our part to
write the extension letter. So, we do have the uh we did go out and hire Ed Cuck. I don't know if I'm pronouncing his name correctly. He's an environmental expert that did a evaluation of one of the engineers
comments that relates to concerns around wetlands. >> Right. Let's not talk about the merits of it, but what my question >> Yeah. I'm sorry. >> Yeah. So, are what else, if anything, are you guys going to be submitting
before the April 2nd hearing? >> As I understand, obviously, we would need a a determination on whether or not the engineer agrees with this wetlands letter because if he does not, then
there may have to be some more investigation with D. But if he agrees with the experts beliefs or you know findings, >> whatever you want to call it. >> Yeah. Opinion. Thank you.
>> Then the only remaining item is to do a little bit of tweaking. Um the engineer will have to do a little bit of tweaking. He he said it does not seem to be anything major, but it doesn't make sense to really proceed with that work in my opinion,
>> right? until you get the input from the the board and township engineer. Okay. So, >> right. Because if that's not if that doesn't work out, then we may have to move entirely the location. And his comment was >> Yeah, I get it. I guess the question is
this. The board has a 21-day rule. So, anything that is going to be submitted has to be 21 days before April 2. So when what can someone look at a calendar and tell Miss Brett the cuto off date?
>> March 12th. >> Okay. So >> is March 12th. >> If anything else is going to be got to be submitted by March 12. If it's not submitted by March 12th, >> then the board's going to have to consider what to do again about this because like you said, this has been pending. This has been pending. This the
longest application pending since I've been the board attorney and I started as the board attorney in 1987. >> That doesn't make me happy. >> Well, it wasn't actually submitted until >> No. Yeah. I mean 2025 because it's been a
>> it's been a violation for five for five six years, but they they >> submitted submitted and then withdrew and it was a >> serious way. >> It's been around. >> It's been around. This is the longest. So, there's one other that's longer that
was in court, which hopefully this, you know, won't go to. So, um, just do whatever you have to do to stay on top of your professionals. Jim Hill is your engineer, correct? >> That's correct.
>> Stay on top of him to be in touch with the township engineer so this thing can can come to the board. Otherwise, if if you don't make it to the board by April 2nd, even though you've extended to July 31, I don't know if the board's going to want to keep on keeping this thing open.
But just stay on Jim Hill to follow up with the engineer. >> I Yeah, I don't want it to go any further either. This is not a happy moment for me. Um, and so March 12th is the date and that it has to be submitted
by if anything else is going to be submitted for the hearing that's going to be scheduled for April 2. It's got to be in by >> March 21. And also, I don't know who your notice is on this, but you have to
have, you know, obviously have newspaper notice and notice to everyone within 200 feet of the property. >> Uh, that was already done. I thought that was extended. We're carrying it without the need, >> right? Oh, this is being carried without the need. >> Yeah. >> Yeah.
>> Okay. >> So, so essentially, I just want to make sure I understand because I have to make everybody accountable. >> Yep. >> Jim needs to connect with the engineer, the township engineer about the wetlands.
>> That's right. to see is the township satisfied with what your expert says. >> Okay. >> And no matter and to find out what comments, if any, what revisions if any, the engineer is going to want to see Jim
making that plan because if you don't make them and you get to the board, >> it's going to be an open item, right? >> He does make them, he has to make them and get the things submitted no later than March 21. >> March 12. 12. >> Oh, sorry. March 12. I'm sorry.
>> It's okay. >> That includes this any storm water plan revisions or the the wetland analysis. Any documents need to be done by that time? Everything. >> Right. Right. So, the wetlands interpretation, I guess you call it. I don't really know that. Um
that is kind of like the first step and it's whether or not the actual it will be accepted, you know, by the >> understood. But you still need to uh submit it. >> But there right but there may be I was told it was already submitted but I'm
going to follow up on that myself. >> Well submit it to our township as well to look at. You have to submit it to D. >> Yeah. What? No it I sent it to >> where should it be sent? >> Hold on. Hold on.
>> I believe you submitted your wetlands report. >> Right. Correct. I saw that. >> Okay. I did. >> What Jeff is saying is you need to find out what the township the board and township engineer his
opinion of that report if he agreed with it or not. And then you have to find out what revisions if any he wants done to any of the documents. What Jeff is saying is if he wants revisions done to the stormwater report, the stormwater report's got to be revised in in by if
he wants revisions to the variance plan, the variance plan has to be revised and it has to be submitted 12. That's what we're there's no way you're getting a letter of interpretation from the D by March 12th. >> No, I understand that. I heard that's uh over a year,
>> correct? >> Yeah. >> Okay, I understand. Okay, >> I understand what needs to get done. >> March 12th. >> March 12th. Thank you. All right. Thank you. >> Hopefully, we'll all see you on April 2
if you get this thing filed by March 12th. >> Yes, you will. I was hoping to be here in January. Thank you. >> Okay. >> Okay. Moving to the next application for this evening. BOA case number 2025.
Applicant DCX Stock Rowan Urban Renewal LLC. Location is block 40, lot 5.06, 408, Highway 202. Application is for C variance to permit a building facade
over the 100 square ft maximum and 5% area facing a road. >> It's not the building facade, it's the building facade signage, right? Am I right or wrong? Taylor and Jeff, >> it's a signage. Yeah. Building per
building >> facade signs >> or signage because the proposal, right? >> Jeffy's report. So, >> yeah, I get it. >> Signage. >> Yeah, Jeffrey left a word out of his report.
So, I assume that no one from the applicant is there tonight, correct? >> No. No, >> no, there is someone there. >> No, there's no one here. >> I assume no one from the applicant is there. Correct. Yes. >> Right. >> Correct. >> Oh, >> okay. Thank you. >> Correct.
>> So, just so you just so you know, >> I got a call from the applicant's principal, not the applicant's attorney, wanting to talk about
signage. So my understanding is what they're discussing is whether or not to just have one sign to eliminate the need for the variance or not. So I guess we'll find out now.
Um so this is going to be scheduled for March 19 without need for further notice. Taylor, >> correct? Are are we going to read the letter or no? >> Yeah, I think you should read the letter for the record. >> Okay.
Dear Miss, as you know, this firm represents DCX Stock Row and Urban Renewal LLC aka Restaurant Depot cash and carry applicant with respect to its variance application with the Raran Township zoning board of adjustment for
signage at the above reference property which is scheduled for hearing before the board on February 5th, 2026. Please accept this letter as applicant's request to carry the application to the board's March 19th, 2026 meeting agenda.
Kindly announce the new hearing date on the record at the February hearing. So, no further notice is required by the applicant. Additionally, to the extent deemed necessary, applicant hereby grants an extension of the time for the
board to act on the application until till June 19th, 2026. Please contact me with any questions or if you require any anything further in preparation for the hearing. Thank you. Justin A. Marchetti.
>> So on this one, when is 21 days before March 19th? February what? Uh, it's February 26th. >> So maybe when you do an email or a letter or whatever you're going to do back to this guy, assuming the board
says, "Yeah, no problem. I'm going to carry from March 19 with no need for further notice." Tell them if they're going to submit anything for approval, um, whether it's a new plan or an amended plan, it has to be submitted by February 26, 2026.
Can I have I have a question? >> Yeah. >> I thought there was a discussion of whether this was a warehouse or a distribution center and that determined how many parking spaces. I thought we were talking about >> received anything. >> Correct. Correct. That's another issue
that they have to address. When I spoke with the guy, he said, you know, he asked me, "What's the best way to put in evidence of that?" that I said for you to show up and testify because your attorney who was there didn't have any knowledge of that. If you have knowledge of that, the board wants to know exactly
what your operation is. So, according to this guy who called me, um, he's going to also show as a witness and he, you know, swears to me that it is it's not retail wholesale, you know,
it's it's permitted >> just a distribution. It's a distribution center. That's what he told me. So either >> so with no >> with no retail >> listen >> business associated with it. >> That's what he told me obviously sworn
it's outside the hearing. That's why I told him that either he or someone else with personal knowledge has to attend otherwise the board can't make a finding that um what they have there is okay because
what they have there is approved by the planning board meaning it was permitted. >> So if it's if it's if it's not retail then a then a number on the on the building is is sufficient. >> Correct. >> All our ware don't all our warehouses in town have numbers?
is do we do we allow what are you talking about numbers >> the number of the >> the address >> okay so isn't all the warehouses just have they don't have advertisement on the building >> oh yeah no it's just the tenant tenant usually it's a tenant space they each
have like a canopy or a >> name space in the wall >> yeah none of them have don't talk about the merits of the application as I said okay >> he was telling me that he didn't that they needed all that signage And that was okay.
>> That's one of the things they're also discussing, just getting it down to to one sign, whatever is permitted. If he does that, he doesn't even have to be at the board of adjustment. >> So, let's see what happens. But the
anyone objects to carrying this thing to March 19, 2026 without the need for further notice? >> No. Okay. >> That's the announcement. >> Get their stuff. Yep. Okay. Uh, third
application this evening, BOE case number 03-2023. Applications Muse Pastana Hernandez and Margar Margarita Pastana. Location is block 71 lot 10 9 cool road.
Application time extension request for submitting site plan application BOA resolution number 2024-10 cont condition number seven. So, >> okay. There's Do you need me to read the letter?
>> Um, no. I'm going to summarize this. >> Okay. And we have Miss Robin right here. >> Oh, >> okay. Then let her take it away. >> We should have just let him. >> Yeah, that's okay. Um, my name is Robin Wright. I'm an attorney with Lans and
Lana. I represent um Lewis Pastana Hernandez and Margarita Pastana. um they um received um uh a use variance uh pursuant to a bifrocated application. Um initially they were supposed to submit a complete site plan by October 2025, but
they got an extension of that date to January 31st, 2025. They did complete uh submit their site plan application on December 1st uh 2025. Uh January 7th, it was deemed incomplete. Um our engineers submitted additional information the
following week. um uh last week of January, we learned that it was still incomplete. Our engineers called Jeff um to uh get some more clarification and on February 3rd, they submitted um additional information um and we believe that the application is now complete. Um
Jeff just has to review our last submission, but we are asking that the board um extend the deadline to March 31st uh 2026 for a complete application uh just in case there are any issues.
>> Yeah, that that sounds about right as far as the timeline and everything. That's um correct, but um I haven't gotten a chance to review their latest submission. uh some of the con the comments pertained to the uh conditions in the original re resolution that had
to do with uh specifically a landscaping plan parking summary. Um those weren't included with the um submissions for completeness. So this this confirms the resolution compliance and the and the completeness uh checklist.
>> Okay. So Jeff, I assume that you agree that it makes sense to extend the time extend the deadline to submit to complete site plan application to March 31, 2026. >> Yeah, I think that's that's way that's a
lot of that's sufficient time >> just in case you find something else and you tell them they have to, you know, resubmit. >> Okay. >> So, so that's really that that's really it. This is the condition to you know to keep things moving so you don't have
this thing called the sleeping variance any so have any questions or someone want to make a motion to this is resolution 2025-17 extended the deadline that was in
condition 7 of resolution 2024-10 to January 31 2026 this would be a further modification of condition number seven to extend the time the deadline to March 31, 2026. >> I'll make a motion.
>> I second. >> Need a roll call? >> Yep. >> Uh, chairwoman, Miss Cynthia Schaefer. >> Yes. >> Mr. Randy Block. >> Yes. >> Mr. Jim Ferrero. >> Yes. >> Miss Lorett Cina. >> Yes. >> Miss Donna Drews. >> Yes. >> Mr. James Miller?
>> Yes. >> Okay. >> Okay. >> Thank you. >> Thank you. >> Okay. Final application for this evening. BO case number 09-2024 applicants Bington Road Realy LLC
Lincoln and Porsche location block 63.14 lot 31.02 219 Highway 202 application time extension request for obtaining final signature of site plans BOA resolution number 2025-10
condition number one. Okay. So, let me just say uh condition one required them to get the site plans signed off on by February 6, 2026. >> They said they completed the amended
plans. They submitted them. Um so, they want 60 days from February to April 6, 2026. Any problems with that? >> I mean, it's not entirely correct. I haven't done the final review of the
architectural plans and I want to review some of the board comments. Um >> yeah, but I mean >> and the landscaping the landscape architect uh review just came in um within the last few days. So >> but is an extension to April 6, 2026. Is
that too much time? Not enough time. That seem appropriate. >> That seems Yeah, that seems appropriate. It's it's more than enough time. >> Okay. put in a >> in my opinion. Are we allowed? I would maybe suggest 90. >> Well, it's
>> Yeah, I mean it's we we're pretty much reviewing this week, but we found out that the time came up. So, >> no, I understand. I'm just asking so that they don't have to come back again. I'm just trying to like like Taylor suggest what's a a realistic time knowing >> 90
>> knowing who's involved with the application? Yes, I'm highly suggesting 90. >> You think to me? >> Yeah, I mean 60 is a lot. 90s 90s a lot, too. >> And you'll communicate that back to them. Yes.
>> But Jeff seems to Jeffrey. >> Yeah. >> What? >> I'd rather be safe than sorry. >> Let me ask you this. Unlike the last application where they're operating a business, okay, it's a bifurcated use variance. They're
operating a business there. That's one of the reasons you guys wanted to get this site plan in so quickly. This applicant here, are they haven't started construction because they can't yet, right? >> Correct. So, does it matter to the board
if they give 90 days and let them out on a longer leash than a tighter leash? Does it matter or not in your opinion? >> Not at all. >> Doesn't matter. >> Doesn't matter. Doesn't preclude them from coming in and getting everything done. >> Yeah. Because >> seems to me that the applicant, I mean,
it's a car dealership. They're probably gonna want to go faster than slower. So Jeeoff, unless you have some like objection to 90 days, I suggest that the board extend it to 90 days and not simply 60 days just so we don't have to
have them come back again in case something happens, especially since Jeff is well within his time period to review the stuff and he's he's just started and it doesn't even put Jeff under the gun. >> Yeah. >> Yeah. No objection to 90. No. >> Okay.
Does someone want to make a motion to further modify to modify condition one to give a 90-day extension? >> I'll make the motion. >> I second call. >> Chairwoman, Miss Cynthia Schaefer. >> Yes. >> Mr. Randy Block. >> Yes.
>> Mr. Jim Fero. >> Yes. >> Miss Cina, >> yes. >> Miss Donna Drews. >> Yes. >> Mr. James Miller. >> Yes. >> Okay. Before we end, uh, what's on for the 19th, the next meeting? Oh, I'm over here thinking March 19th. I'm like, what are
you thinking? >> Uh, February 19th is the Lowe's application and that is for their outdoor storage aspect. Anything further you have questions on? Please ask Jeffrey. >> Okay. That's the only one on >> That's the only one. >> Okay.
>> Similar to what we did with um tractor supply. Is that what they're asking for? Something >> correct? No, no, it's it's going to be more extensive like it's going to be out outside of their um >> a little bit like tractor support. It's
going to be more Yeah. >> All right. Thank you. All right. If there's no more business, can I get a motion to adjourn? >> I just want to reiterate that I gave out tonight the Flemington family partnership plans. They're a rock of
plans, but they have confirmed that they would like the April 12th meeting. Let me just double check. That's April 12th because now I'm messing up all my dates. Do these plans totally >> replace all the other sets of plans that we have?
>> It's Yes. >> Okay. So, we can throw the two other versions we have away. >> I think I have three. >> Yeah. And even if you for some reason need to look back on the older ones, I still have them up on the website. >> Okay. >> And again, that's April 16th, not the
12th, 16th. This year is killing me. >> Okay. April 16th. >> Does that Nobody has to be recused from that one, right? >> On the board. I don't think any of you for cues, but I will have to just double check everybody's um eligibility just to
be sure that that night if everything is going to go on for April 16th that anybody who does attend is eligible. If there's a vote >> Yeah. Okay. >> All right.
Anything else? >> Yeah, that's all I got. >> We're stopping someone for making the motion. So move. All >> in favor? I. Any oppose? Okay. Thank you. >> Have a nice weekend everybody. Don't
don't get too cold. Bye John. >> Bye John. Thanks.