Calling to order the zoning board of adjustment R and Township, New Jersey regular meeting June 19, 2025. Notice of meeting. The notice requirements of the open public meetings act has 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 Hunter County Democrat, the Kerr News, the Star Ledger and the Trenton Times. Roll call, please. Chairwoman Miss Cynthia Schaer here.
Vice Chair Muladami here. Mr. Steve Barcio has asked to be excused. Mr. Randy Block here. Mr. Jim Ferrero here. Miss Lindsey Kbringel here. Miss Lorett Cina here. Miss Donna Drews here.
Mr. James Miller, he has asked to be excused. Board professionals, board attorney, Mr. John Drill here. Township planner Mr. Jeffrey Fagarella here. And all other board professionals have asked to be excused. And just for
the record, board secretary Taylor Vaughn here. Okay. Can I get a motion to excuse Steve Fario and James Miller? So move. Second. Can I get a vote, please? Chairwoman Miss Cynthia Schaefer. Yes.
Miss Russell Damchi. Yes. Mr. Randy Block. Yes. Mr. Jim Ferrero. Yes. Miss Lindseay Cool. Yes. Miss Lorett Cina. Yes. Miss Donna Drews. Yes. Okay. Great. Moving on to comments, announcement, distribution,
correspondence. Seeing none, we'll move on to meeting minutes, which is Wait a minute. Oh, here we are. Okay. Uh, meeting minutes from the April 17, 2025. Can I get a motion to approve?
Cynthia, I have a question about them. Sure. I second it. No, she's asking a question. Oh, go ahead. So, Whoever's talking, we can't hear them. Okay. Is this any better? Yeah. Yes.
Under 11A, I was um wondering if we can add a sentence that says that it basically states what the action was by the board with regard to Fred Kron. So, um, for
instance, it doesn't have to be this exact wording, but just to say the board approved the project with conditions and a resolution is being prepared by the BOA legal counsel.
Like some sentence like that. Yeah. So like maybe like like in this case since an action was taken we would just say that and then god forbid if say a different application if it was going to be carried to another hearing date with or without need for further notice.
Exactly. Does that sound good, John? Yep. Okay. So we're going to approve with that that change. Yes. Okay. Can I get a uh motion to approve? I'll approve. I'll second. Uh vote,
please. real close. One moment. Chairwoman Miss Cynthia Schaefer. Yes. Vice Chair Mulami. Yes. Mr. Randy Block. You were there. No, I thought you Yeah, but you vote for the vote for the
minutes. Okay. Miss Lorett Cina. Yes. Miss Donna Drew. Yes. You weren't here. You were here. You were here, Jim. Okay. All right. Great. Thank you. Moving on to the meeting minutes from
May 15. So, the vote to adopt was three in favor with everyone else abstaining because they weren't there. Is that correct? No, Randy could Randy could vote. There's meeting minutes. I understand. So, what's the vote the meeting minutes? Four. Four. Okay. And
no, actually, I'm sorry. It's five. No. Yeah, it's Donna, too. Yeah, Donna. Donna and um I'm sorry. Lindsay and Jim were not here. Correct. Apologies. The easiest meeting. Fine. Just do me a favor. Can you do that roll
call vote again? Absolutely. And call everybody and if someone's not there, say, "I abstain. I wasn't there." Chairwoman, Miss Cynthia Schaefer. Yes. Vice Chair Muladami. Yes. Yes. Mr. Randy Block. Yes. Miss Lorett Cina. Yes. Miss
Donna Drew. Yes. Okay. And the other people abstained because you weren't there, correct? Correct. Yeah. Yeah. Okay. Great. Okay. Moving on to the meeting minutes for May 15th. Is
there anything I have the same the same comment? Yeah. Um so with regard to yoga there was a hearing we approved with conditions and a resolution was being prepared. Okay,
you okay with that? Yeah. The other the other um the last sentence in that paragraph 11 where it says attaches this cra transcript from the hearing that is it's an incomplete sentence. Oh yep. You got me on that. Yeah. So,
and we might want to do we want to um Don, would it be appropriate to reference them as certified transcripts or just transcript? Transcript. That's the minutes of that. Okay. Yep. Okay. Okay. Can I get a motion to approve with
those changes? So moved. Second. I'll second. All right. Chairwoman, Miss Cynthia Schaefer. Yes. Mr. Ranty Block. Yes. Miss Lorett Cina. Yes. Miss Donna Drew.
Yes. Okay. Moving on to the resolutions. So that means there there are three abstensions on that one. Correct. Yes. Yes. Okay. Thank you. Hey, moving on to the resolutions for the evening. There's one. Raren Township Board of Adjustment. Christopher Serell
766 County Road 579 block 59 lots 28 and 29. application BOA-01-2025 resolution memorializing grant of two C2 variances to allow one a total of 1900 excuse me 1,91
square foot of accessory structure on the property where a total of 800 square ft of accessory structure is the maximum permitted and two the construction of an accessory pole barn in front of the dwelling where No accessory structure is
permitted in front of a principal structure. Resolution number 2025-09 version 2025-06-11-v2. Any questions, concerns, or changes? Hearing none, can I get a motion to approve? So move. Can I get a second?
I'll second. Thank you. Roll call, please. Chairwoman Miss Cynthia Schaefer. Yes. Vice Chair, Miss Damoni. Yes. Mr. Randy Block, yes. Miss Lorett Cina, yes. Miss Lindseay Kbrangel, yes.
Miss Donna Drew, yes. Okay, moving on to the applications for this evening. First application, BOA case number 06-2024. Applicant CE Main Street LLC. Location block 41, lot 63, 181 Old
Croton Road. applications for a time extension request for obtaining signatures of final plan and zoning construction. Good evening. Good evening, members of the board. I am I'm going to need you to either speak directly into that microphone if or if
you would like how you can have a seat right here in the microphone. Correct. Because we can't hear you on Zoom. I think I think it'll be better if you sat there. Why don't you sit down and use the table mic? It's much better. Thank you. Okay, we'll start again. Let me Okay,
if No, if it's red, then it's on. Can you hear me now? Yes, now we can. Good. Thank you. My name is Donald Maurice. I am an attorney at the law firm of Maurice Witcher. We represent the applicant CE Main Street LLC. I am also
a member of CE Main Street LLC along with my wife, Linda. uh we obtained a variance from the respective board in December 19 of last year 2025. That variance was uh necessary to allow us to
develop the lot at 181 Old Croton Road. Purpose of which will be for our home. Currently live in Readington Township, White House Station. Kits are gone. Want to build a home here. Um as part of the conditions of the variance, we were to obtain certain approvals. Stormwater
Management was one. Um the engineer or ARKF John Hansen has made that application. I believe we've received back I'll call it a conditional approval. Some things have to be done on that. We also have to obtain um uh soil
erosion, right? The soil commission that application has been made um it was made in April or maybe even as early as March. It's still pending. The real problem and the reason why my letter requested until December is even
though I have a D letter of interpretation as to the wetlands, even though I have a what they call a general permit from D to bring the driveway across those wetlands. When you bring utilities across wetlands, which is the
electrical service, I have to obtain yet another permit. My experience is that takes a long time. We applied for that permit. Um I believe well first we had to obtain from JCPNL
where they wanted to pull the line from. After that was determined. I think in March or April my engineers prepared the application and submitted it to D. My engineers have been diligent. They actually found out who is handling that
application and in late May scheduled a meeting with that person who would not be available to speak with us until June 26. That gives you an idea of what I'm dealing with. I can't move forward with
the property until I have this permit from D to run the electric. Hold up for one second. This this is your approval resolution is 2024-12 correct? Yes. And what condition are we talking
about? Are you talking about the plan revision condition number one or are you talking about the condition regarding how long you have to pull the construction permits? No, the one that would expire or did expire on June 5. Which condition is
that? Condition one, which is the plan. Huh, John? It's number one. Okay. So, we're talking about condition number one, which was plan revisions were supposed to be done by
June 5, 2025. So, just tell us what kind of extension are you looking for? June 5, 2025 to when when do you want that? When are you seeking to have that extended to? A six-month extension till
December. So, December 5, 2025. Now, let's assume for argument sake that you get all those plan revisions made and you get the plans signed by December 5, 2025.
Take a look at condition 17. Are you still going to be okay with condition 17? You have until December 5, 2026 to apply for zoning construction permits. You still going to be okay? Attorney drill. At this point, I would say yes because I haven't finalized
those plans. Uh, at this point, the home that we proposed to put there would be a modular home. So, I'm not worried. Yeah, I'm not too too worried. So, you need So, you you started off by saying
that you needed still to do stormwater plan revisions. Yeah, I think some revisions have to be made. Um uh according to the comments we received in response, I don't think they're significant from what I saw.
Okay. But how is the fact that you need NJDP permits for utilities? How does that how is that relevant to plan revisions condition? You mean 17? No, condition one. You just said you don't need an extension of
condition 17. You want a condition. You want an extension of condition one regarding making the plan revisions. You want that extended from June 5, 2025 to December 5, 2025. So why can't you do
plan revisions without having NJD permits for utilities? We don't we don't know where we're going to put the utilities. We don't know if they're going to approve where we suggested to fold them. That's the understanding I have from my engineers. Are do the PL Jeff do the
plans right now show proposed utility locations? I believe that's one of the outstanding items of of the determination of I believe it was going to be underground, but it's going to be they just need to know where exactly it's going to be
located. So now it's relevant. Now I understand why it's relevant. Okay, I understand. Okay, so quite frankly, unless board members have any other questions, I don't think you have to say anything else unless you want to.
No, thank you, Attorney General. Okay, so we're good to approve the extension. No, no, objections. So, can I get a vote? Does someone want to make a motion to modify
condition number one to grant a six months extension from June 5, 2025 to December 5, 2025? That would be
someone want to make that motion? Yeah, hold on. Jim has a question. Go ahead, Jim. Is 6 months realistically enough time? Otherwise, he's going to be back here. Well, put it this way, Jim. If he doesn't get this done within six months, he's going to need to get an extension
on on condition number 17. That's why I asked him about 17. Yeah, I don't mind coming back. It's really, as long as you guys aren't inconvenience, at least you know what's happening and that we're acting diligently. Thank you. I appreciate it. I have no problem. Can I get a motion? I'll make a
move. Thank you, Jim. Second it. Randy seconded. Can I get a vote? Chairwoman Miss Cynthia Schaefer. Yes. Vice Chair, Mr. Russell Damji. Yes. Mr. Randy Block. Yes. Mr. Jim Ferrero. Yes. Miss Lorette Cina. Yes. Miss Lindsey
Kanguel. Yes. And Miss Donna. Yes. Thank you for coming in and explain your time. All right. Next application. VA case number 21-2024. Applicant is Pioneer Developers, Inc. block location is block 36, lot 13, 180
Pennsylvania Avenue. Applications for a time extension request for consideration number 5A in the resolution number 2025-03. Good evening. Good evening, Madam Chair, members of the board. Cara Kazinski, McNaros, Kazinski, and Lime here on the
time extension request that uh the chair just outlined to you. Um it is condition 5A and this is with regard to the tree remediation work that was specified. There was a deadline of June 1st. Um most recently there was a site meeting conducted with uh John Morgan Thomas and
the client. Um he as a result of that site meeting prepared two letters to the township engineer. I believe the board has copies of those. uh one day to June 4th, one day dated to June 6th and they updated of the status of what has been completed and what remains to be
completed. I got an email from my client earlier today that indicated that the additional mulch that was outlined in those letters has been uh it is continuing. It's almost completed, but the overarching issue has been the weather. uh and that has basically been
what's uh prohibited them from completing um the spading as you saw in the letters can't be completed under certain conditions. Work in general can be completed under certain conditions. Um so that's why we're requesting the extension. The extension is requested
through the end of August. Uh again, just out of an abundance of caution. Um I certainly don't think it's going to take that long. Uh they'd love to have it completed tomorrow if they could. Um, so I'm just asking for that time period so we don't have to come back. Car, can
you read condition 5A slowly into the record? I have the resolution in front of me, but just make sure all the board members I want them to hear what the condition says and then it'll be easier for them to judge the request for the extension.
Absolutely. So condition 5A states page 15 all tree remediation work including excess soil removal, hydraulic soil injection, air spade radial trenching, addition of organic matter,
fertilization and mulching shall be commenced immediately and completed by June 1st, 2025. All in accordance with the tree remediation report and plan which was submitted to the board during the hearing. Additional tree remediation
work including inspections and reporting shall be completed according to the schedule outlined in the tree remediation report and plan. Now John Thomas, we didn't want to have to have him charge the applicant's escrow account by making an appearance. So, he
sent me an email which I'm going to read into the record. This is from John Thomas to me and I will forward it to the board secretary and to Carara after the meeting tonight. Says, "John, I
understand that Pioneer will be back before the board tomorrow night." So, this was sent to me yesterday with a request for an extension of time for the tree remediation work. I received a phone call from Steve Batakei from DMR this afternoon. And again, this is yesterday. Please be advised that our
office has been monitoring the work. Significant progress has been made with the arborist's work and I would estimate that the work is around 90% complete. The remaining work consists consists of adding additional wood chip mulch by DMR
and the arborist filing a report documenting the work. The remedial work involving the airspade radial trenching was delayed significantly by the continued wet weather, but is now complete. That's John's email. I
interpret the email as saying John Thomas supports the request for the extension. I agree. Did anybody have any questions? Wait, just one question. Um, Carrie, you you mentioned two letters that were sent
to the township from John Morgan Thomas. Do Jeff, do you have them or Taylor? We we have them, but after after Cara stated that she would be here, she kind of scratched me sending them out. Okay. I agree with that. That to send those
letters out would just further complicate things. John, in my opinion, has succinctly stated the issue. Actually, I just wanted to make sure we had them for the record in case anything came up in the future. I was actually cringing when Carara opened up by referencing the two letters.
Well, my Well, I didn't know you got an email, so I would have known about the email. Yeah. Now, the what Cara, what's the date of your letter requesting the extension? June 3rd. And I know I have it somewhere, but do
me a favor. Email me that letter. Whenever you email me that letter, in the email, ask me to send you the John Thomas email. That way, I will be sure not to forget because right now I'm on vacation, so my mind's not totally in the game. And just in case, I'll be
reminding you guys as well. That's great. Beautiful thing. Okay. All right. Can I get a motion to approve? So move. Second. Can I get a vote, please? I'm
sorry. That was Randy and Morett. Yes. Chairwoman, Miss Lyn Cynthia Schaefer. Yes. Vice Chair, Mr. Auladami. Yes. Mr. Randy Block. Yes. Mr. Jim Ferrero. Miss Lindseay Kanguel. Yes. Miss Lorett Cina.
Yes. Miss Donna Drew. Yes. Okay. Thank you. Thank you everyone. Okay. Moving on to the next application for this evening. BOA case number 12-2020 applicant is the Fudge Shop Land L land group LLC location block 36 lot 6510
Milbrook Place application for minor site plan with Dvarian relief for manufacturing use and residential use in the B3 zone and this is for an update someone has an update so I mean it's up to I think our
board secretary has an update in terms of a letter she's going to read from the applicants attorney and then Jeff may want to add something if he deems fit if he sees fit. Okay. So, this is a letter from the attorney. The attorney's firm is large
scaml and Dinger LLC. Um, this is addressed to me. It's dated June 19th, 2025. Dear Miss Vaughn, as you know, I represent applicant the FUD shop with respect to two pending applications before the board for various relief for
block 36, lot 65 and lot 68. We were calendared for tonight's meeting, June 19th, but as discussed last week, we are now unable to proceed tonight because I was recently informed by Mr. Vakarella's review that we now need to file a third
application for lot 66 as well. Unfortunately, by the time I learned from Mr. Fakarella that we needed a separate application for lot 66, the deadline for publication/legal advertisement in the Star Ledger to
provide public notice for the June 19th meeting had already passed. I was further informed by Mr. Vakarella that July and August meeting dates are already filled and that the earliest we can come before the board is at the September meeting. The applicants
engineer Steve Parker PE is working on the issues slapplication for lot 66 and I hope to file the application for lot 66 as soon as possible. I thank the board Miss Vaughn and Mr. Vakarella for their patience and understanding as we
continue to work on these applications. Very truly yours, Mr. Scott D. Bulock, attorney for the applicant. It is a separate application. They can't just add the lot to the Why don't you let Jeff I think at this point you should explain. Yeah. And it wasn't just
verbally you had you know you had it in your report and give a little history of what the applicant had you know proposed to the board what the board said at that time etc etc. So I prepared a a memo based on their most recent submission
and they included lot 60 68 to the application with with the with the existing conditions but when it was shown a portion of their driveway macadam and gravel is actually located on lot 66.
So that prompted a comment stating that that has to be included which was not known to the board at um an earlier time that could have could have uh resolved some time time delay. But um and and another conversation that I had with Mr.
Bulock was that they actually are are thinking about having an internal driveway connecting all three lots. So that that's what's also going to come into play with their application. He said that they may have had time to submit, but they're having some internal
discussions as far as the operation. So, okay. As far as the September date, that's that's obviously up to you guys. Uh, but that that's also going to be dependent on when they can submit, right? So, we're not going to put them on September yet. Yeah. But if they
submit the application and we can accommodate that, we will. And I also just want to know for the record, and I think John will agree, but their current time is September 30th. Did you want me to ask for October?
Yeah, quite frankly. November. Yeah, I would ask for November. And when they file this this new application, they technically have to be deemed complete. So, it's going to restart the whole thing anyway, but ask for November. Okay. Yeah. I'm not gonna I'm getting
very confused with how the application is for the this one. Three. If the board recalls, they started with an application for one lot and then we realized no, they were doing something in one of the basements of the building on the other lot that have to include
that lot. And then we asked, well, there's another lot in between the two lots. You know, if you're going to be crossing there, and they said, oh, no, we're not going to cross there. We're going to cross on the road. Okay. Well, now it turns out if you look at the plans, they're going over that third lot that they said they weren't going to go
over. So, I think the applicant and the applicant attorney probably think that we're like being sticklers, but maybe we are, but it's not because we're being sticklers for the sole purpose of being sticklers, but it's we're being sticklers because that's
what the law requires. Yeah. I have a feeling that this one they they may complain to the mayor or something about this because I think they think they're being picked on, but they're not. I don't want to say any negative comments about their professionals or anything.
Yeah, they should. They were all on the same page. I don't think this would be happening. So maybe at some point we document these what's happened just to have it in our back pockets or to send to the mayor as referenced. Yeah, we have emails. We
have Yeah. Okay. Reports. All right. So, that was the status. So, the next thing we want to do is we want to go into close session. So, I'm going to make I'm going to suggest that someone move the following motion. A motion to go into close session to discuss pending
litigation specifically Flemington 202 properties versus the Rarin Township Municipal Authority, the Raran Township Planning Board, and the Rarin Township Board of Adjustment. And the purpose of the close section is not only to discuss
the pending litigation but a recently um I don't want to say completed uh recently mediation which recently occurred and may continue and also to get attorney client
confidential privilege advice from me where confidentiality is required for me to exercise my ethical duties as an attorney and because it's going to involve attorney client privileged advice that the minutes of the closed session um will probably not be made
public. So, someone want to say so moved. So, move second it. Yeah, Lorett second it. Okay. Just give me a couple minutes. Can you Oh, yes. Sorry. Chairwoman Miss Cynthia Schaefer. Yes. Vice Chair, Mr. Russell
Wadami, yes. Mr. Randy Block, yes. Mr. Jim Ferrero, Miss Lindsey Kanguel, yes. Miss Lorett Cartina, yes. Miss Andrews, yes. That's the first close session. It'll be a second close session. We're going to
do the close sessions together, but they'll have separate minutes. And I want to suggest separate resolutions to go into close session. Second close session is to discuss ma personnel matter and that the minutes of that would be
released once the personnel matter is resolved. So does someone want to make a a motion to go into that second close session? I'll make a motion. I second it. Randy second it. Okay. Uh, Chairwoman, Miss Cynthia Schaefer.
Yes. Miss Vice Chair, Mr. Russell Adami. Yes. Mr. Randy Block. Yes. Mr. Jim Ferrero. Jim. Yes. Oh, sorry. Miss Lizzie Cooper. Yes. Miss Lorette Cina. Yes. Miss Donna Drew. Yes.
Okay. And let me just if you Oh, she's stopping the recording. Yeah. I would like to be able to have everyone stay where they are, keep everyone on this Zoom, and just kill the PA system if you can, so no one can listen in the hall. But if you can't, we'll just try to talk quietly.
Yeah, I think we're going to have to just talk quiet. Yeah, you close the door. And I did check to make sure no one was in the lobby. Everyone should have left. And I think for our sanity, John, I'm going to just close the meeting. You guys just click the same Zoom link and it won't be recorded. Just
like last time. That's a great idea. Why don't we do that and we'll all we'll come out of the Zoom go back into the Zoom and just so you know Cynthia and I had talked about this. We had talked about just one close session for the personnel matter and that's why Taylor
handed out a an update. But I figured if we're going in once, we might as well go in if anyone has any questions about that. And I hadn't realized I knew I'd be on Zoom, but I forgot that Lindsay and Donna were going to be on Zoom. And so you didn't
get the handout. So, I have it though. No, I understand. Oh, yeah. Yeah. Yeah. So, in anyway, why don't we click out of the Zoom and click back in? Okay. We'll do. I think.
Yeah. We want to make a motion to close the close and open the open and open the open. Can I get a motion? So move. I second. Do I need a vote or just all in favor? Yes. Roll call just to make Yeah. Okay.
Chairwoman, Miss Cynthia Schaefer. Yes. Vice Chair, Mr. Sodomi. Yes. Mr. Randy Block. Yes. Mr. Jim Ferrero. Yes. Miss Lindsey Kbrink. Yes. Miss Lorett Cina, yes. Miss Donna Drews, yes.
Okay. Now I can Now I can make a motion to close the open meeting. Now you make a motion to adjurnn. Right. Make a motion to adjurnn. Okay. All in favor? Anyone opposed? Okay. Thank you everyone.
And Kate May. Yeah. Thanks for letting me zoom in so I can stay down here. Bye, guys.