Calling to order the zoning board of adjustment routing township amended regular meeting May 7, 2026. Notice the meeting the notice requirements of the open public meetings act has been satisfied by the placing of a notice of this meeting on the board at
the municipal building filing same with the township clerk and transmitting same to the courier news and the star ledger roll please. Chairwoman Miss Cynthia Schaefer >> here. >> Vice Chair Mr. Suadami >> here. >> Mr. Steve Farcio >> present.
>> Mr. Randy Block >> here. >> Mr. Jim Ferrero, he has asked to be excused. Miss Lindsy Cool Bangal >> here. >> Miss Larret Cina >> here. >> Miss Donna Drews via Zoom >> here. >> Mr. James Miller >> here.
>> Board professionals. Board attorney Mr. John Drill. >> John Drill here and testing out the new mic. Is it working? No. How about now? So, I have to pick it up and put it near my mouth. >> Well, you got to get closer. >> Okay. Thought it was a table mic, but
okay. I'm here. >> That one is specifically for you. >> Just you. >> Okay. >> Uh, township planner, Mr. Jeffrey Bakarella, >> here. >> Township engineer, Mr. Resh Dari,
>> present. >> Traffic consultant, Mr. J. Troutman, >> here. Board planner, Miss Jessica Caldwell. She's asked to be excused. Township landscape architect, Mr. John Morgan Thomas here. >> And board secretary, Taylor Vaughn, here. Can I give motion to approve
June's absence? >> No moved. >> Second home. >> Chairwoman, Miss Cynthia Schaefer. >> Yes. >> Vice Chair Modgi. >> Yes. >> Mr. Randy Block. >> Yes. >> Mr. Steve Farcio. Yes. >> Miss Lindsy Kbrangel.
>> Yes. >> Miss Lorett Cina. >> Yes. >> And Miss Donna Drews. >> Yes. >> Okay. Moving on. Uh, no comments, no announcements, no distribution or correspondence, and no meeting limits. Moving on to the resolutions for this evening.
One resolution. Yes. Um, Ryan Township adjustment. Renie and Kathleen Baragan. Block 8, lot 8.01, 0128 Old Clinton Road, application number BOA-32-2021
resolution memorializing grant of a temporary D1 use variance to allow the keeping of livestock on a lot under 3 acres and variance C variances to allow one two accessory structures to remain in the setback area. Two, a total of
2346 square feet of accessory structures on a property where a total of 800 square f feet of accessory structure is the maximum permitted. And three, an existing 6 foot high fence to remain closer to the street line than the front
setback line. Resolution number 2022-17 version 2026-04-21- version 5. Any updates? Hearing none, can I get a motion to approve? And there's only two individuals. >> Go ahead. Just make sure that there's
only a certain limited number of people that can vote on this. >> There's only two. Mock and Mul Dami. Yep. So move. You want a second? >> Randy, you have the second. >> Oh, second. Roll call.
>> Oh, >> vice chair, Mr. Ouadami. >> Yes. >> And Mr. Randy Block. >> Yes. >> Okay. Moving on to the applications for this evening. BA case number 2020. Excuse me. 22-2022.
Applicant Executive Snow Control LLC 68 Route 31 LLC location block 35 lots 5 5.01 1213 68 Highway 31 and 120 124 and 126 Pennsylvania applications time extension
request for obtaining final sign off of plans condition number one of board adjustment resolution 2024-14. Good evening Mr. Grinberg. >> Good evening madam chairperson members of the board. Steven Gruinberg on behalf of the applicant. Um, this is our
request for an extension of both conditions C1, C2, and 19 >> and 19. Um, and we had our second compliance submission on March 2nd, I
believe, and we are just waiting for sign off on all of those items um from the board professionals. Um, our time period had been for April 17th and we're asking for that to be extended to October 17th, 2026 just so that we can
get this thing done. uh for both the sign off on the plans on C1 and the perfection of the minor subdivision on C2. And because of the time periods involved, we're asking for condition 19, which is the application for zoning
permits and any construction permits to be extended to uh April of 2027, which is essentially one year. >> Jeff, is there any issues with what he's asking for? >> Uh no, I don't I don't think there's an issue. >> Yeah, Mr. could you just put something
on the record about why the extension why why the delay? >> Um the we we made our second compliance submission and we're just waiting for the board. >> I understand. But what happened before the second compliance? >> We made our first submission and we were
waiting for um reports back from the board professionals which caused the first extension. We got them on February uh the last report on February 11th and within three weeks we actually filed the response to those.
>> Do did they look in good shape? I'm asking Jeff, >> there's still some outstanding reports from numerous professionals. So, it's it's more of uh um getting those back to the applicant and for them to resubmit. >> Okay. Is October 17, 2026 realistic?
>> Yes. I I think we're actually just responded to the first round and I think it's actually only Mr. Troutman had some comments and Mr. Dargy had some comments. Uh Mr. Thomas, he had no further comments on what we had submitted and we responded to both of
their comments. So, we're just waiting for uh the all clear for everything to be signed. >> Okay. All right. I need to make a motion. I'll make a motion >> to modify conditions C1 and C2 to extend
those dates from April 17, 2026 to October 17, 2026 and to ex modify condition 19 to extend that date from April 17, 2026 to April 17, 2027. >> I'll make a motion.
>> I'll second roll call >> here. Everyone, Miss Cynthia Schaefer, >> yes. >> Vice Chair, Mr. Suadami, >> yes. >> Mr. Randy Block, >> yes. >> Mr. Steve Farcio, >> yes. >> Miss Lindsay Kulbrangel, >> yes. >> Miss Cina, >> yes. >> And Miss Donna Drews, >> yes.
>> Yes. >> Thank you all very much. Have a nice evening. >> You too. So, the next two applications, are they going together? >> Do them separately. >> All right. BA case number 04-2022. Applicant 167 New Jersey 31 LLC.
Location block lot 23 167 highway 31 application D variance for conditional use expansion of motor vehicle agency and subdivision. So this is to dismiss without >> Why don't we ask Jeff to report on this
one and then we'll ask you also to report on the other one. And the reason that um you're recommending that it be dismissed without prejudice or without prejudice is so they they can refile if they ever wanted to. But the reason for the dismissal without prejudice, as I
understand it, is failure to prosecute the application. >> That's correct. We haven't received any update for a number of years. This is submitted in 2022. It was once heard by the board uh I believe one meeting. Uh there was some subdivision line uh
discrepancies and some uh modifications and we haven't received a a revised site plan or any update by the applicant uh since then. >> Okay. And you said there's another in the pipeline.
>> No. >> No. >> This this application >> is going to be >> it's been sitting dormant. >> Okay. >> For over two years. >> Yeah. >> So, they're just trying to clear out the deck. So, >> you know, the board secretary doesn't have to be wanting to get any extensions
and Okay. sort of stuff. So, we don't want any automatic approvals popping in. >> Okay. >> You'll be doing me a favor. >> So, we just do a motion to dismiss without prejudice. Correct. Okay. >> Failure to prosecute. >> Failure to Can I get a motion? >> I'll make that motion.
>> I'll second it. Wall. >> Chairwoman. Miss Cynthia Schaefer. >> Yes. >> Vice Chair, Mr. Adami. >> Yes. >> Mr. Randy Block. >> Yes. >> Mr. Steve Farcio. >> Yes. >> Miss Lindsay Kbrangel. >> Yes. >> Miss Lorett Cina. >> Yes.
>> And Miss Donna Drews. >> Yes. >> Okay. Moving on to BOA case number 11-2023. Applicant is 167 New Jersey 31 LLC. Location block 20 lot 23 167 highway 31.
Applicant D variance for temporary trailer on site with Z with C variance. >> Same applicant same situation hasn't been going as long but still Jeff can you give an update?
>> Yes still dormant. Uh there's the same situation that exists or was being proposed uh back in 2023. There's um uh violations still on site. This application there was no uh update. Um
>> and Jeff's my understanding is your general practice is if there's a pending application, you're not going to give them a violation, but the thing's been sitting dormant. Once it's dismissed, then as zoning officer, you can if there's a violation, you can do something about it. >> Correct. Yeah.
>> Okay. >> Board understands the situation. >> Yes. Can I hear a motion >> to dismiss without prejudice again for failure to prosecute? >> I'll make the motion. >> Second. >> Good. Russ will second it. Roll call. >> Chairwoman, Miss Cynthia Schaefer. >> Yes.
>> Vice Chair Mr. Suadami. >> Yes. >> Mr. Randy Block. >> Yes. >> Mr. Steve Farcio. >> Yes. >> Miss Lizzie Kranell. >> Yes. >> Miss Lorettina. Yes. And Miss Donna Drews. >> Yes. Okay, moving on to the next application for this evening. BOA case number
26-2020. Applicant is Pioneers Developers Inc. Location is block 36, lot 13, 180 Pennsylvania Avenue. Application for a time extension request for conditions number 12, excuse me, number two and
three of the VA resolution 2025-9, tree remediation and obtaining permit certificate of occupancy. >> Good evening. Good evening, Madame Chair, members of the board, board professionals, Cara Kazinski of McNal, Aros Kazinski, and Lime here tonight on behalf of the applicant. Um, we are
here, as the chair indicated, requesting um two separate extensions. Um, one of which was recommended by your landscape architect, and that is to amend condition two of resolution 2025-9 to provide that the offsite restoration
shall achieve 100% completion by December 31st, 2026 as opposed to May 15, 2026. >> Exactly. Where in your April 16th letter is that? I just want to >> it is the par the one two three fourth
paragraph from the end and it's April 10th letter. >> Yep. >> Fourth paragraph from the end condition two to provide that off-site restoration shall achieve 100% completion by December 2026 by December 15th with previously established the end
of the fall season by way of condition 5 resolution 202503. Correct. >> Uh correct. And Mr. Do you Mr. Thompson, you support this? >> Yes. >> Okay. Can you briefly explain why you support this?
>> Um, >> yeah. This this type of planting uh we just have a much better survival rate when the trees are put in in the fall rather in rather than in the spring. So rather than go through the motions this spring, >> uh, I felt it was a lot better to have a fall planting.
>> I agree. I read the report. Yes. Anybody have any questions? Okay. And if not, go to the other the other requests. >> The other request just stems from the granting of that request. Hopefully, if the board determines it's it's appropriate. Um, we have a requirement
in condition three that we must obtain a final CO by August 4th, 2026. But by extending the 100% uh reforestation condition to the end of the year um I would ask that we accordingly extend the requirement to uh satisfy the CO um
extend that out as well. I have uh one year extended from that point in time uh to obtain the final CO >> and that is the last well the third the last paragraph on page two as a result of the >> correct >> also necessary to condition three of resolution 2025-9
to extend the time period within which construction must be completed and permanent certificate of objectivity must be obtained kindly accept this correspondence request to amend the date in condition 3 from August 4, 2026 to August 4, 2027. Correct. That's correct.
>> Anyone have any objection? >> Professionals have any comment on that? >> Okay. >> No comment. >> Can I have a motion to approve the extension? >> I'll make the motion. >> A motion to modify condition two and condition three of resolution 2025-9.
You have the extensions that have been requested in the fourth and third fourth the two bottom paragraphs on page two of
M Kinski's April 16th >> April 10th. April 10th >> what he said. >> Yeah, I I'll make that motion but I'm not repeating that. >> That's my second April 16. Please April 10th. Yeah, 16th. Must have an old one. >> April 16th, 2026. Okay.
Okay. Sorry. Second it. >> Randy Chairwoman, Miss Cynthia Schaefer. >> Yes. >> Vice Chair, Mr. Suadami. >> Yes. >> Mr. Vanti Block. >> Yes. >> Mr. Steve Farcio. >> Yes. >> Miss Lindsay Cooper. >> Yes. >> Miss Lorett Cina.
>> Yes. >> And Miss Donna Drews. >> Yes. >> If I can just before we jump to the next one, um, looking at Mr. Thomas' report of May 6th. I just wanted some clarifications. Um, under the summary
number two, um, well, that's now taken care of by way of the extension. Um, item three, it says the owner shall provide a schedule for the remaining install according with along with the required subser plant materials by June 15th. We will certainly do that. >> Other words, everything in Mr. Thomas's
report would be conditions of >> correct, but I just want to get a date on one of them. Got it. Um it says uh under number four, please note that the township must be notified prior to proceeding with any new work taking place on on reforestation sites. Is
there a dead uh within 20 days within 30 days? I just want to clarify that. >> U this was >> good question. >> This was just related to the applicant doing work on these off-site properties. We we had a little it wasn't mix up, but
the town wasn't notified before we were about to start the the the work on the on the ones that we've already done and and we're advised by the town that they just need to receive notification. It could be several days before. >> Who gets the notification?
>> Uh let's specify you and who else? >> I would say me and Karen. >> Okay. So, let's go with Karen the administrator. Jeff, the zoning officer, our very humble board secretary, just to
close the loop on that. And the board landscape architectural expert, how about that's that I mean that's fine. >> And a time period, >> how many days prior to that? Just say a week. Okay. >> Beforehand, right? So one week notice
and that's going to Yeah. Baylor. >> Okay. >> And then under five, um I'm assuming maybe to the same people. Um this talks about a maintenance and summer mowing schedule shall be provided. Um it says to this office, so obviously we would do
it to Mr. Morgan Thomas. Um is there a time period there as well that you need that by? >> I think a week a week before that happens. We just want to make sure that happens to some that's that's kind of >> got it one week >> before
and I don't understand item five. One week before what >> before we start the >> first item in the schedule. >> Yeah, we're just we're just we want to make sure this happens again. So if they
send me stuff in ahead of time. >> One week before the work, >> the work the actual work before the list was. That's all I was looking for. >> Perfect. Okay. Thank you. >> All right. Thank you.
>> All right. Moving on to the next uh case for this evening. BOA case number 02-2025, Charlotte Vincent Bernetti. Location block 63.09. >> We're missing time extensions.
Did I miss one? >> It's an add-on to the agenda. >> It's D. >> It's an add-on to the agenda. >> Apologies. Sorry. >> No, it's it's it's quite all right. >> Sio, >> it's fine to hop over at figured we go back.
>> Oh, yes. I'm sorry. Yeah. Um, BOA case number 09-2024 applicant Sioka Bloomington Realy LLC Lincoln and Porsche. Location block 63.14 lot 31.02
219 highway 202 application for a time extension request for obtaining final signature of site plan BOA resolution number 2025-10 condition number one. >> Yes. Thank you, Madam Chair. Again, um as you indicated, we're looking for a
another 90-day extension for compliance with that condition. Um we received a 90-day extension back in February. We remitted the revised plans. Um I believe it was the end of March. Uh we have letters from everyone. We have a letter
um from traffic engineer, a letter from the fire department. Um we had a letter from Jeff with a couple items that uh we believe have been satisfied. Um, and the only thing that we are waiting on at
this point, I believe, is approval of the deed notice. Uh, so we're just waiting on that one. Uh, so we're asking for an extension of time to get those plans signed until we receive that final approval. >> So this is your letter dated May 6, 2026. >> Correct.
>> And so point me to the paragraph that gives the exact date by which you which you want the attention. >> Um, I do not have an exact date. So 90 days from May 6th June and July August August 6th. >> Yeah, that's all right.
>> I believe so. >> Okay. So this is the second to last paragraph on page one, right? >> Um >> please accept this correspondence with the applicant's formal request for another 90-day extension of the time period set forth for condition one
to allow additional time for plan execution. So this the date you want is August 6th 6th 2020. >> Correct. >> And the reason is >> we're just waiting for final
authorization >> attorney review. >> Okay. The pensive attorney is just reviewing what? >> Easements. >> Okay. So once the easements are reviewed and approved because condition one is signing on the
site plans, >> right? Condition one is signing the site plans. >> Mhm. >> So once the township attorney approves the easement, >> then we'll sign off. >> Impacts the site plan. >> Yes. >> Yeah. >> Well, it's a condition of approval that
everything be done. We've satisfied all the conditions. The only thing he's reviewing the deed notice, the storm water management deed notice. So, he just needs to sign off on that. Once that's okay, then they can go ahead and sign it. >> Okay. All right. Thank you. Can I have a
motion to approve the extension to August 6th, excuse >> to modify addition number one of the resolution 2025-10 to extend the time within which sign off on the site plans to August 6,
2026? >> That's correct. I'll make that motion. >> I second it. Roll call. >> Chairwoman Miss Cynthia Schaefer. Yes. >> Vice Chair Mr. Santi. >> I excuse myself. I'm not >> You did?
>> Yeah. Yeah. >> Oh, my bad then. Yeah, that that doesn't matter. Mr. Randy Block. >> Yes. >> Yes. Excuse me. >> Mrs. Steve Corio.
>> Yes. Miss Lizzie Cooper. >> Yes. >> Miss Lorett Cina. >> Yes. >> And Miss Donna Drews. >> Yes. >> Let me ask you this. >> How about Mr. Miller? You can come to tonight. >> Sorry. James and Mr. James Miller.
>> See? >> No. >> Yes. >> Thank you everybody. Have a good night. >> Thank you. >> I'm on the record for these. >> Okay. Moving on to the next case. B case number 02-2025. Applicant Cheryl and Vincent Bernetti.
Location is block 63.09 lot 12 5 Sunrise Court. Application C variance for construction of inground pool within the 15 ft setback and exceeding the 20% hard surface maximum. >> Good evening madam chair members of the board professionals. Uh James Kyle. I'm
the planner for Vincent Cheryl Bernetti. U we were here not that long ago. We had proceeded with the case, presented some information. I was about to testify. We started talking about permits that have been applied for. >> We got sacked back a little >> little bit. It's okay. So, we submitted
those permits. Uh those were permits related to the installation of the pool, the concrete deck and patio. Uh there was a permit related to the fountain and walkway and the roof structure in the front.
What was the third one? Now I'm forgetting. letter dated April 14 and two left. Item two >> I can't hear you John >> start again. So Mr. Kyle submitted a
letter dated April 14, 2026. >> Did you get on? >> And he says, "As discussed with the board at the public hearing on April 2nd, by the way, I was not there. I assume that you two were sworn in at that hearing." >> Yes. >> And I assume that Well, I've been told
that I thought Mr. Bernetti was sworn in. >> No, it was only Miss Bernetti. >> Okay, thank you for that. And Pit Bear was sworn in at that. Right. Right. Is he here tonight? >> He's not. >> Okay. Jim Kyle was sworn in. Ryan
McCarthy was sworn in because he was so we have to get affirms testimony given. This matter will be the truth, the whole truth, nothing but the truth. >> I do identify yourself in the record, please. Rakkesh Gari with environmental board.
>> Okay, >> take that microphone. >> Mr. Kyle submitted a letter dated April 14, 2026, and it enclosed five items. Item number one was permit 892-207,
burning ground pool and fence with a gate. Item two was permit 370-10 for front entry roof structure with column microphone flashing your >> battery special.
>> Okay, there we go. >> That was good, Taylor. It really doesn't sound. >> Um, and as I go through these, Jeff, I'm going to ask you if anything I said, if anything in Mr. Kyle's letter if you take issue with, let me know. Okay.
>> Okay. >> So, not that I'm expecting that, just in case. Um, three. Sub permit 370-10 for the front entry roof structure with columns landing and staircase to walkway and two peers at the end of the driveway
including an amendment for the addition of two landing areas to the left and right of the main landing, whatever that means. Number three, permit 175-07 for raised deck and concrete patio underneath. Number four, certificate of approval for
permit 370-10. And number five is a certificate of approval for permit 17507. So obviously there's no certificate of approval for permit 892 2007. That correct? >> That's correct. And that's one of the
only permits that was issued by the zoning department. The rest are all from construction. So >> they may have different descriptions. So for my benefit, but I wasn't here for the board's benefit reduce the application to its basics.
What what relief do what is the propos? So what work do they want to do and what relief and what relief do you need? >> So there's no new work proposed. This is essentially for improvements that were largely constructed. >> This is an after the-act approval for what work that was done.
>> Correct. So it includes um the pool. So let me let me run through real quick. >> Mr. Kyle, can I just stop you because I just want to say cuz nobody's taking a breath. >> The following board members have listened to the recording from the April 2nd meeting because they were not present. >> Good point.
>> So, we have Miss Lindsay Coulal, Mr. Steve Barcio, and Mr. James Miller. They have all signed their affidavits and they are eligible to vote tonight if one does take place. >> So, let me ask you this. >> Are all board members that are here in person and that are on Zoom eligible to
vote? >> Yes. >> Okay. >> Terrific. So after the fact approval of >> so this so the first is um minimum rear yard setback 40 ft is required and we have 31.21 to the deck which is attached
to the house. So I agree with Jeff that's attached to the principal structure. It has to meet principal structure setback. So 40 ft required 3121 is what exists. Uh the second variance is for maximum hard surface coverage. 20%'s permitted.
40.5 exists and and I want to make a request because I was talking with Cheryl today. Um one of the things that we showed to be removed on the plan was the fire pit. The reason we did that was twofold. One for impervious coverage, but the second was we thought it had to
be set back 15 feet from the property line, which is not the case. It actually needs to be five. There's a provision in the ordinance uh it's 2961 134B and what that says is side and rear yards in any residential zone on lots on
which a single family attached or detached residence is the principal use utility sheds of less than 180 square ft in gross floor area and under 10 ft in height and any unroofed patio or deck which is no higher than 3 feet above existing trade and any residential
driver parking area other than a common drive may be located within 5 ft of any side or rear property line. So Charlotte and Vince would like to keep the fire pit, but what they're going to do is remove the wall. There's a wall that goes around the back side of it.
It's a seating wall. Right now that structure is 4.95 ft from the rear property line. If we move the seating wall, we are less than 3 feet in height and we're more than 5 feet from the property line. Now, what that does is it um
increases our impervious coverage percentage because we were backing that out. It's about 320 ft this this small fire pit patio. So, our imperous coverage would be 36.74 is the 319 square ft. When you say
imperous coverage, what does what is actually regulated? Impervious coverage or >> impervious coverage everything but grass >> or surface, >> right? >> What's the ordinance say? >> Hard surface. >> The ordinance doesn't say impervious. The ordinance says hard surface
coverage. >> And before we get to that, um Mr. Kyle is right with that provision. However, that that that's relevant for patios that aren't that's there isn't another structure
with it. So, in this case, it's it's a fire pit. So, the fire pit needs to be 15 ft from the property line. The patio is associated with the fire pit and so it would be considered an accessory structure, not 5 ft from the property line.
>> And I apologize. I should have talked to Jeff about this before, but this was something that came up late today. >> My question is the plans that are on file, what do they show? Do they show anything about this fire pit? >> They show the fire pit being removed, >> right?
>> So, I'm I I don't I don't want to make a big deal out of it. It sounds like Jeff disagrees with my assessment. And >> it's And it's easier if you want the board to grant an approval of what you show in this plan. It's easier if you go with a plan. >> Understood. >> So, >> yeah. Well,
>> wait, sure. Turn that mic on. >> Yeah. >> Is that on? >> Yeah, >> I believe so. >> You can hear me? >> Yep. >> Okay. >> Um, yeah. I'm sorry for throwing that in. We had a change of engineers unfortunately throughout this long
process. um it wasn't something that we wanted to do, but that and then the new um understanding of it was something that our family enjoyed. So, um that's why I thought at least we would try to discuss it today. But I understand,
>> you know, what you're saying. >> Well, you you'd have to apply for another variance for it and it would also >> be another hard surface. You need another variant. So you need to set back variance for it, hard surface variance and she put it on the plan and then come
back. >> We didn't think we needed >> come back for it. >> That's why I you know >> I suggest why don't you take a 5minute recess talk to Mr. and decide if you're going to go tonight with what's on the plan to get a vote or if you want to come back next month or the next
available date with revisions shown on the plan. I'm just uncomfortable, you know, doing audible at the line. >> I understand. >> What do you want to do? You want to take a five minute break? >> Yeah. Could we please? Not even five. Two.
>> We are discussing something. >> So, have you >> have the applicants made >> have the applicants made a decision on what you want to do? >> We have. Miss Bernetti would like to keep the fire pit. So, we will revise the plans. We will resubmit. I've also just learned
>> Let's let me We have the Okay. Marshall here who came up to me on the break and said he wants to be sworn in because there's also a regulation they have. So, can raise your right hand. Do you swear this morning you're about to give in this matter will be the truth? The whole truth, nothing but the truth. >> Yes.
>> And pick up that little mic. >> And uh state your name and spell your last name for the record. >> Dennis Concan. I'm the township fire marshal. last name is spelled C O N C A N O N >> and you happen to be sitting in the audience and heard the discussion and
what do you have to tell the board and the applicant about that? >> For the uh New Jersey Uniform Fire Code, fire pits have to be within 15 cannot be any less than 15 ft from property lines or combustible construction uh which is in line with the township zoning
ordinance. >> Do you also have a variance provision through your office that they could also seek? Yes, we do. >> Okay. So, hearing that, can you tell the board what your preference is? >> Yes. So, we we would like to try to keep the fire pit. So, I think what we'll do is make application to Mr. Conan's
office first. Make sure that we can obtain that variance. If we are successful, we will revise the plans and resubmit. I think we're going to need some time, but I'm imagining you're not telling me, Taylor, we can come back in a month anyway. So, uh we would ask that the board carry the matter. We will um
Mr. Bernetti will agree to any extension necessary. >> Here's a quick question just what to expect. How many feet from the line is the fire pit? >> So the actual edge of the fire pit is 12 ft from the property line. Uh there's a patio around it and there's a seating wall, but the actual fire pit is 12 ft
from the property line. >> Okay. So for purposes of the hard coverage, it's going to be the fire pit, the patio, and the seating wall. >> Correct. And for purposes of the 15 ft, is it only the fire pit? >> Correct. It would only be the fire pit itself. >> And Jeff, the zoning ordinance is the
same way. It's only the fire pit that the patio around it could be as close as 5 ft. >> No. No. >> The patio is included with any structure. >> Okay. So, make sure on the plan from a fire perspective, right? It's the fire pit only 15 ft. the other things can be
closer, but from a zoning perspective, what Jeff is saying is you have to include the patio and the seating wall and give the closest point to the line. So, knowing that, what do you think just a guesstimate of how close?
>> Well, it's it's on the drawing. It's 4.95 ft from the rear property line to the edge of the seating wall. >> Okay. >> So, the the fire pit patio itself is 319 square ft. So it's going to take our coverage to 36. Right now we're
proposing 36.01. It will be 36.74. So it'll still be less than 40 40% which was way back when the regulation. >> Correct. >> Okay. Now how much time do you think you need? And let's ask Taylor when is the
next available slide? >> July. >> Oh, perfect. Yeah, I think. Yeah. Can you do you believe July 16th is reasonable? >> Uh yeah, that should be plenty of time. We'll we'll make application to Mr.
Conan's office immediately and then hopefully you know we'll know. So the other thing I I spoke with Ted Bayer, the engineer today. Um he will have to modify the shape of the basin to get a little bit more storage. What he told me
is I think we're at 98. Anyway, >> you're going to revise it. So, >> so we're going to revise the plan in this application going to be continued to July 16, 2026. No need for further notice. And where are we on the time to decide?
>> I believe it's June 30th, but Jeffrey, can you double check, please? >> Listen, let's say July 31st. >> Let's get an extension just, you know, you could be a tornado. September 30th, I'll submit the letter. >> All right, then. >> Okay. Thank you, everybody. Thank you.
>> Have a good evening. >> Okay. Moving on to the last application for this evening. BOA case number 14-2025. Applicant is Lowe's Home Center. Location block 16.01 lot 35 36 and 38
150 Highway 31. application preliminary and final site plan with Dvariance for outdoor seasonal storage with bulk variance for parking standards. >> I'm going to be quiet. >> Hold on. Okay. So, so time out. So, we're going to excuse
board member >> James Miller. >> James Miller. If this goes past this evening, >> no. If it goes past this evening, he will listen to the transcript of the first meeting, which there is not a
recording, and he would listen to the recording from this evening if necessary. >> Sounds good. >> Good night, James. >> Good morning. >> Okay. >> Good evening. >> Hi. Good evening, Madam Chair, members of the board. My name is Neil Weissbard from the law firm Scipfar Shaw and I
appear before you tonight on behalf of Lowe's Home Center who has filed variance applications and site plan amendments to permit outdoor storage at its store located at 150 Highway 31. With me tonight are two witnesses who appeared at the initial February 19th
hearing. Todd Barttok, senior construction manager of Lowe's, and that's spelled B A R T O K. and Brian Conlin, PE, the civil engineer of Langan. And also with me tonight is Rachel Fifffield, a professional planner
from Langan as well. >> So hold up Don Morowski was here last time. So this is a new witness I have to swear in. >> Yes. >> Okay. Let's just right now let's get her standing up. Great. >> Raising your right hand. You swear from testimony you're going to give this matter over the truth. The whole truth about the truth.
>> I do. >> And can you spell your first and last name for me? >> Sure. >> My first name Rachel. R A C H E L and my last name Bfield F I F I V L. Um, do you call by?
>> No, no, no. We'll do that once you get called. Okay, >> great. Thanks. On February 19th, we appeared before your board where numerous comments were made. And on April 8th, 2026, our engineer of Langan submitted a revised site plan, a landscaping plan, and a revised traffic
assessment addressing the board's February 19th comments. We believe that all comments made at the February 19th hearing have been addressed with the exception of minor comments found in the updated letters from the township's planner and its consultants, which we would like to address tonight. However,
first I'd like to call on Mr. Common PE to briefly discuss the changes to the site plan in response to the February 19th comments. Steve, >> Mr. Con, you remain under oath and you've already been qualified as an engineering expert. >> Yes. Good evening everyone. Uh Brian Con
with Langan. Um the plan we resubmitted for you. Um as Neil said, basically addressed all the comments pretty much all the storage areas and outdoor display areas were the same intent as previously. We just manipulated them and moved them around the site based on some
of your feedback. Some good feedback we heard from the meeting. I can walk through them again if you'd like, but the plans show all the uh the locations. >> Even though the plan shows the locations, can you just the board now you have a plan up on the on the
board there? Is that the plan with the coloring that was submitted to the board or is that >> Yes. >> Okay. So So the plans have both colored on. >> Yes, that's correct. Yes. >> And what sheet is that? >> That is uh it's the the the drawing
number is ex-2 and the last revised date is 4820 April 8th, 2026. Good. >> So I'll start again. I mean everyone knows the lows here. I'm going to start on the plan north, the top of the
Lowe's, which is actually the side of the Lowe's building. The front for orientation is facing the west. Um, we have seasonal bag storage April through June located on the top and that's 16 parking spaces that that area is taking.
In front of the Lowe's, kind of the northern side of the Lowe's. Uh, and again, this is one of the changes we made. We used to have um um the sheds uh shed display and trailer sales closer to the building. Based on some comments, we moved them further out into the parking
lot. So, we have an area of 10 spaces for trailer sales, outside trailer sales, and then we have five spaces for outdoor shed display, and that's year- round display for both of those items. Another item we put on the plan that
wasn't on the plan previously um is four spaces dedicated for the closing bins we discussed previously at our our last meeting, and they're also will be year round. And then we have a total of
68 68 spaces for the temporary mulch overflow. And again, that's further out kind of in the center of the building, furthest away in the parking lot. And those also we pushed away. Previously, they were a little bit closer to the Buffalo Wild Wings, and we moved them uh
uh away from that building. And also with that, there was comments on having the mulch stored adjacent to landscape islands. You'll see on the revised plan, we moved everything away from any of the landscaped islands. And then finally there is or not finally two more um
seasonal storage of spring material which we have listed from March to July. There is a total of 68 excuse me 47 parking spaces. That's kind of in the lower side of the Lowe's in the front of the building there. And that's the one if you recall we kind of have
employeeonly little access through there with blocking off um that that area so uh traffic can't get through and it's controlled by Lowe's employees. And again, that's 47 parking spaces that that material is taking up. And then finally, in the rear of the Lowe's, if
you recall, between the Lowe's back door or the back of Lowe's and the Walmart, uh, we have 10 spaces for permanent outdoor storage for lumber, blocks, and trusses. And again, that's pretty much the same. So, we updated all the plans.
We have this nice color-coded plan here. All of those spaces I just identified totals 160 parking spaces. We've updated that um on the charts on the plan here. There was a comment in your maybe the engineer or the traffic letter or both.
Um notes one and three. I did miss um some of the counts there that we will update and address, but the final counts just for reference. For the overall site, there is 19 1,961 parking spaces. >> 1,961
>> station total >> total. And for the Lowe's lot itself, which again is just main field in front of the Lowe's and the 60 spaces on the side of the Lowe's, there is 658 parking spaces. And subtracting the 160 of, you know,
for these outdoor uh temporary and permanent display areas, that brings the Lowe's count um from 658 to 498. And that brings the overall site from 1961 to 1801.
And what ordinance required? >> I I believe there was a variance for the 1961 previously propo previous previously granted. Um so we're seeking uh the reduction of 160 from the 1961. >> I have a question.
>> Yes sir. >> Uh so is anybody local here for the lows please? >> Mr. Bto or the local store? Yeah, I was there today and I was trying to map this. I
see more stuff there than what you show here. >> That's >> uh that's I'm not sure that that's entirely true. >> You got to go into a microphone. We can't hear >> unless I miss something. But I can just see that there's more on the front
parking lot than what you have shown here. Can you also go into a microphone here? You are correct. It the the store I was there also. I I met with the store manager and told him that he was out of compliance with where he has storage now
for the outside store and they're moving that this evening. >> So last time somebody mentioned that you guys sometimes have difficulty controlling your local managers. what actions you guys are going to take so
that way this is compliant to what they do then. >> Well, I I fully understand that and the plan has changed several times. So, they are getting different iterations of plans as we complete them. And then this is the final plan that we gave them.
>> Wait, wait, wait, wait. They're not You have a different iteration of plans. They're not approved. You're not having your guy out there try to comply with a proposed plan. What I think this board member is asking right now, you have an approved plan you're seeking to amend.
You guys have to be complying with that approved plan right now until and unless one of these plans is one of these amended plans is approved. I understand that we I'm having a difficult time turning the
ship around. The material is already on site. I'm trying to get them to put it in the area which we feel we can get approved because we've been here three times. >> Right. I >> I've been on site throughout this
process and actually there's been a notice of violation sent by the planning and zoning office because it actually got worse since the last meeting. the the the rear of the of the Lowe's facility. There's lumber in this area
and it it looks like that's normal operation and then that that's not going to stop and that's not being proposed uh tonight. There's there's forklifts all over the place back here where they say 10 spaces. It's it's filled. I mean it's
it got worse. >> What color what color are you talking about? >> The light blue. the light blue where u during the last meeting instead of proposing the entire >> lower corner >> the lower right hand corner and so um that's all the way filled I think there
was some discussion that some of it will be Walmarts um they say it's all Lowe's so I I don't know an enforcement perspective this is going to be ongoing I have a question because this make a a
pretty good point. I I think this is great if the plan is what it is, but the problem that I'm seeing and hearing is that no one's doing anything and you may not be able to control that, but you need to control that. Someone from from Lowe's needs to control that. I maybe
maybe someone from Lowe's who's local, maybe the manager needs to come here because we're not sitting up here for our health either. He's not doing his job for his health. If you want the local manager from the Lowe's, tell them that they have to bring the local manager from the low here. The
>> point the point is this, like you can't just do what you want to do. And I understand what you're trying to do, but it sounds to me like you have a manager problem. And if your manager thinks this is a joke, which that's what it seems like to me. Um I mean our our salaries up here, as you know, are zero. And if
we're telling you and our attorneys giving us advice and our plans and everyone's doing their job, all all experts are doing their job and you guys are doing your job, but no one from Lowe's locally wants to listen. I got a problem with that because that this is all committee. We can we can approve
whatever. But if this guy's going to be if if if Jeff has to issue a violation every day, then I think he's going to issue a violation every day because obviously they're not listening and it's a waste of our time if they're not going to listen. And I have a I have a problem
with that. So the fact of the matter is nothing's been done since the last meeting. Nazu goes out there today and says that oh my god, this place is still it's actually worse. We have a planner saying it's worse. I mean what what's the problem? Tell me what's the problem.
>> Problem is is that we're operating the store to the best of our ability with the amount of product that our corporate head cord is sending through the store. >> Then we better have a conversation with these people because you know listen I'm
an attorney. If I go into court and just willy know it uh a judge is going to handle me. There's got to be some type of like do they think this is a joke? Like this is we say something and they don't have to follow it. Like I I'm not this is really I'm I know I'm portraying it to you, but the people then needs to
listen. >> The underlying problem is right now the approved site plan has no outdoor storage. >> Okay. >> Well, small amount. >> No. Right. Right now the approved site plan that they're seeking to amend does
not provide for outdoor storage. They're just doing it. No, there is some area that was previously >> minimal along the front of the store. >> Let me just say let me just say >> I do not want this recording happening
like last time. One person speaking at a time because the transcript will not be clear. >> Okay. So, as I was saying, display is allowed under the existing site plan, but outdoor storage is not
allowed under the existing site plan. There's outdoor storage there. Now, they're seeking an amended site plan approval. Normally the zoning officer, if they're in front of the board, sus doesn't issue violations. But in this case, if it's getting worse and not
better, then the board can't tell him what to do, but the board can let it be known that they're not going to object if he issues citations every day for whatever you have out there. So, I don't know what you're going to do about it. Maybe you
need the local manager here. Maybe you need someone from corporate. here because this board member's point is you can have the best plan in the world but you have to s you have to convince them that it's going to be followed because otherwise the board is
not allowed to consider past violations in deciding this application. But the board is allowed to consider whether they believe that if they approve it with conditions whether it will be followed or not based on
what's happening especially during the application. I mean this is crazy to have this stuff happening during the application. It it's because you they're allowed to consider that. It's just I don't know what else to say about it. Does the local manager
make the orders or are you saying that corporate is sending >> stuff >> product and and thus the local manager himself is not able to control what is ordered. >> That is correct. The corporate sends
product to the source. >> I know >> and the busiest time of the year for us is the spring season. And what we have done corporately is we are pushing the product to the site to minimize the amount of traffic that's on the road in a constant and do it all at one time to
minimize the impact to the streets, the damage to the streets, damage to our parking lots, uh keeping those trucks off the road. We're trying to do we're trying to put our best foot forward to get it all there so that we're not bringing it in constantly. We can put it
on a constraints list, which I've already done. I've put this on a constraints list which constrains it to doing like you're asking just hey you've run out put more out there. Um but that puts more traffic more forklifts more
people moving product. What we're trying to do corporately is to bring it all in, get rid of it all, and then have it have the store operate back after July 1 or July 31st. Sorry. >> So you know what you just said, right?
What did I hear? What did I hear? That you're during spring because of all those reasons, this plan is never going to get implemented. That's what you just said. No sir. If we can put all of our spring in these plans,
we can put all the product that we're bringing in on on site with these plans. >> Okay. Are you saying that there's, let's say the board said, "Listen, can you fit all the stuff for spring inside the store and you just want to have it outside or you literally have no room inside the store for it?" We have no
room inside the store for it. >> Some of these inspections from the first report were throughout the entire year. Well, last I was it was it was winter the last time I did a full-on site visit and included pictures. Well, I know that since your initial
visit in in the winter that Lowe's has with the exception of these areas in the back of your building tried to fully comply with this plan. But I also understand what you're saying that it isn't in fully in compliance. >> I I will I will say after the notice there was a little bit there was areas
where there was some um removal of jersey barriers, but overall the operation and all the storage it got worse. So there w there was some correction but the I'd say the operation was was worse. >> I'd like to make a comment on that because I think >> go for it.
>> Yeah, make your comment. >> So we have made efforts to comply more. We've painted on the sidewalk the blue area in which we can only have our display. >> That that's done because I >> it's it's done. Yes, >> it's done other than in front of the
garden center. >> Was that reviewed by anybody? Was that reviewed by anyone at the township he's asking or you just went out and did it? >> Well, it was asked to be p or adhesive strips but as a temporary measure and I can confirm this blue striping in front
of the with the exception of the garden center was outlined and all the material that was in in the loading zone was taken away from the loading zone. That's the admit. >> I think you're you're saying that at at the last zoning board meeting we asked for their be delineated and you've done that. Is that what you're saying?
>> That was supposed to be a condition of approval, I thought. >> Yeah, that was you're right. >> It's a condition of approval if they approve it. It wasn't go do it now. No, this is this is a previously approved area. >> The the previously approved areas were not donated and and we asked that they be donated. >> The the requested areas have not been
painted yet because we're waiting for your approval. Once that is done, the town will be painted. Then Lowe's will know the storm will know where to put everything. >> Was the township wasn't notified that it was painted to check. In other words, if someone had contacted him and said, "Hey, guess what we did? We painted that
area that the plan." He would have gone out there. He could have given you, you know, like a bonus point, but instead he's finding out tonight that you painted it. But you're saying >> you're doing some things to comply, but what the board member who went out there
and what Jeff who went out there are saying is as to the storage though, >> it's worse. So is there >> Donna Donna wants to say something. So >> yeah, I know Donna want >> Yeah. Um I guess my concern is another
area that we haven't focused as much on is that light blue area, the storage in the rear. Um we heard testimony from Walmart last night that that's all your store, your material. So you're not taking 10
spots up, you're taking that whole area up. Um, and it, you know, so that's where we're not even looking at a factual plan where the materials are. >> Just for the record, what Donna is, Donna sits on the planning board and the
board of adjustment. So what Donna is saying is last night at the planning board Walmart was in and Walmart testified that you guys lows have that whole area and not just half.
>> So that's where it's hard for us to even know what what is the reality of where your storage is. I I understand that and my understanding talking with the our um property management group and the store
manager is there is a mutual agreement with Walmart and this is I'm third party that we take half of it for Christmas or they take the whole thing for Christmas and we take half of it for our storage and then in springtime typically we take
the whole thing because They are not doing anything like that during spring. So, it's kind of a give and take back there. There's nothing in writing and there's no delineations, but it's a shared space. >> Okay. This is new. This is new information to the board, but that's not what
>> No, I said this last meeting. >> No, you didn't. No, you said it was half half. >> Okay. >> I have one more before the If you're okay with me, um I have one more observation. I was there on Tuesday around 4:30.
And there will and you're saying that the products the materials um that you're selling in these spaces designated from March through July, it all comes at once and it's there for the rest of the season. There won't be any other deliveries because when I was
there, there was a very large trailer truck that was backing up without backup lights, mind you, on that perimeter um driveway. He was trying to figure out where he was supposed to put his his
delivery. It was loaded with um strapped down. It was bags of material, maybe mulch or something that looked like mulch. And I that whole observation brought up this
whole other issue. How um do these tractor trailers maneuver to your uh outdoor storage areas safely? And in particular the um the peach color, that orangey color. Um
I I just I couldn't stay and watch. I didn't have time to stay and watch how that all played out. But just um how things get delivered safely without um you know running over any of your
customers all that is it remains an issue for me as well. All >> I'm not out there watching it on a daily basis. They're supposed to pull in beside the area in which they're going to be unloading. You're saying they were backing in. I
I'm sorry to hear that. I don't we don't control our truck drivers. They're they they get onto a site and they go where they need to go. Um >> can I ask you something? Can you commit to have the store manager here at OB
This is not going to complete tonight. Can you commit to have the store manager here at the next continued hearing? >> Yes. >> Great. >> I was hoping to have this resolved tonight. So, it's not going to be resolved because there the if you ask for a vote tonight, I don't think it
would be a smart move to ask for a vote tonight because right now what I am feeling is that the board has no confidence that if they vote to approve it with conditions that it's going to be complied with. I think they need to hear from the store manager and have a
dialogue with with him. Okay. >> But, but it's up to you. You're entitled to >> No, no, no. That's fine. So, I think you should plow on with whatever evidence and testimony you have to put in here, but without that store manager here, I don't it's up to you.
But I would not ask for a vote. >> No, I think we should try to address all the remaining comments and then come back filling that the site is in full compliance with Jeff visits and >> the site is not going to be in full compliance when you come back until we get out in the spring. It's better.
>> Understood. >> Just just one clarification point. How many store managers do you have? >> Oh, we have one store manager and then two assistant managers and a and I think a standing. >> Okay. So, you have one. >> Yes, sir. >> Okay.
>> I have regional managers also. >> No, I'm talking about for that store. >> Yeah. Why? >> Okay. Who does he report to? >> The regional manager. >> Okay. Where is he located? >> The regional. >> Yeah. I don't know exactly where to >> not New Jersey.
>> I I don't know that. I don't know if he's in New Jersey or in this area. >> Does he float? >> Yeah. >> Yeah. >> Okay. >> He has several different states. >> Does the Who does the regional manager report to? >> One of the vice presidents. >> Okay.
Where where do you where are you located? >> I'm located in North Carolina in the corporate headquarters. >> Okay. Any of these guys report to you or No, >> no. All right. Start with because if we have the store manager here, if there's other people
that need I mean, does he have control over the people who are below? >> Oh, yeah. Absolutely. >> Okay. So, if he comes here and we say, "Hey, you know, you're not following direction or you're not because listen, I'm not blaming you." >> The regional manager also here, this is this is uh because what if the store
manager is no longer the store manager? >> I hate to say it. I I want to ask the question. I believe you stated at the last hearing that possibly the store manager is new >> that's >> to this site that there was a movement of managers and that this store manager
may be new to this site. >> Yes ma'am. >> So >> happens frequently. >> So with that being said >> regional manager >> the manager plus the regional manager might be appropriate. >> Well put it this way >> abs it's appropriate if you want it. you
need to tell them what who you have to hear from to get a comfort level so you could even be in a position to approve this. So if you say you want the store manager and because he because he's new, you also want the regional manager just tell him. >> Well, here's the question. Um how many
how new is this guy? >> The store manager. >> I I don't know exactly. >> Okay. >> But it doesn't he if he moves the regional manager is always going to have that Joseph. Do you know his name? >> Joseph. >> Joseph last name Lloyd.
Okay. >> So it so again the manager coming to the store would be >> would be good. >> But again that manager may move. >> So the but the regional manager will probably >> one second Dennis. I'm sorry to do this to you but you're you swear any
testimony you give in this matter will be the truth. The whole truth nothing but the truth. >> Yes. Let me ask you something since you are the fire marshall and I assume do you know the store manager Joe Lloyd? >> Yes. >> Okay. Pick up the microphone. How long has he been there for? >> Joe has been employed as the general
manager of that store for at least seven years. >> Oh >> seven years. >> He's been there seven seven years. >> Yeah. >> Okay. That's a problem. That that's that that's a concern. >> That's even a bigger problem, right? >> That that's a concern to me. Um,
so have you ever met the regional manager? >> I have not met the regional manager. I've met Joe and other members of the management team at the local store several times. >> When you say other members of the management team, what what do you consider other manager other members of the management team? >> Assistant managers, people like that.
>> Are they there when Joe was there? >> Often to think about this. >> All right. >> I think Steve, you had a good point. I think we need both store manager as well as regional manager >> even the chairperson that they'll if there is any time a churn
>> understand we make sure all >> yeah we just make sure we comply okay we understand >> Donna did you have something >> yeah no I just was wondering if if because Dennis's report came in if it
would be appropriate since he was just testifying or sharing information that he I don't know if we'll get to that tonight, but I think that would be an important issue to be addressed. And Dennis, >> see it's a short report. Why don't you just give your report
>> make it worth my while that I came? >> Listen, it was already worth your while on the prior application. >> Yeah, probably have snacks at this one. >> Um, I know that there was I just want to note for the record the snacks are an
incentive. We got your fire marshall out here. >> I know that there was a question regarding the fire lane at the Lowe's facility. Um just uh just to give some background just in general about fire lanes. Um often times you'll see them at
corners of drive aisles. Uh that way people don't park at the corner so the fire truck can make a swing into a site. You'll see it at the front of the store or front of the building. So, the fire department has access to stage their their apparatus, access fire protection
features such as fire department connections, things like that. Um, with this particular site, the uh drive, I would describe it as to the west of the front of the store. Um there's the building, the loading zone
and drive and then finally a curb. That whole area is striped um between the curb and the loading zone. Um and that striped and signed as a fire lane. Fire lanes have to be a minimum of 20 ft. Um
just looking at Google Earth, um that width was 22 feet. So with that is sufficient to be a fire lane. Um I don't really have that big of an issue with it storage in that loading zone area. um
just because you have access in the drive aisle for the fire department, sufficient access and you don't necessarily want to be staging fire trucks directly up against a building, particularly in the event of an actual fire emergency because you have to be cognizant of what's
considered the collapse zone just in case the building is on fire or the building falls down. You don't want a $2 million fire truck getting caught >> in the rock. Uh what we would require though is sufficient access and when I
say access I mean visual line of sight and physical access to fire department features such as the fire department connection and the NOX box uh to gain entry to the building. I know on several occasions we've had speak with the management team about moving items uh
away from like the fire department connection or the Knox box to be able to have that either visual site or be able to access it in general. >> So if there's an approval, you'd want a condition that they have to keep clear the fire department connection, the NOX
box and the fire pump test header. Correct. >> Yes. It is I since you are here uh I you know my other job right? >> Yeah. >> So I was looking with that eye I'm glad you're here.
>> If if this plan gets approved I don't know anyone if you've seen what they're recommending. >> Yes. He has seen the plan. >> Yeah. Would that be okay for the access of entry and exiting of fire trucks >> where they're proposing storage in the
parking lot? Yeah, I feel access would be sufficient. >> And how about today the way it is? >> He's saying if you went out there today, how is it? Not not this plan existing site conditions. >> I I wasn't out there today to >> Yeah. like last few weeks or whatever.
If storage is in the parking spots itself, um I would say that the fire department has sufficient access because whether it's, you know, bags of mulch or vehicles, you would kind of take into consideration something. >> You're saying if storage is in parking
spaces, you'd be okay. If it's in aisles, not so much. >> It's in aisles, blocking aisles, that would be an issue. If it's in parking spots, I I would be okay with that. just feedback for you guys as you're replanning since Dennis is here.
I do want to indicate that Dennis projects well >> speaks loud and if we could take him as an example when we're all speaking >> that's was >> that was a private conversation not
>> so we're good right >> so >> thank you >> okay >> so if we can go through the points and then when we come back and show >> okay >> quasi compliance All right, Brian, if you could So, as Mr. Common mentioned, all parking
counts will be corrected on the notes. Uh, obviously, we've talked about removing items that are not >> the parking count. Could you just confirm what was what's approved? >> Nothing in the parking lot, as far as as
I know, is approved. >> What's existing? Yeah. >> Oh, what's it? >> Yeah, that was the 600 >> 19 I I thought last time we spoke about it's a shared parking lot and >> Yeah. So, this is the whole facility and
last night we had testimony that it was 2060. >> Oh, we got the 1961 number from you. So, if you have a different number. >> So, that's the required, not the that's the required. 1961 is what the ordinance
required >> not what's there. So um >> 1961 is the count that we had out there. >> Who counted 1961? >> Langan went out. We did a you know a field count.
>> Did they get 2,000 or something? >> They had 2. Yeah, they had like right Joe 35. >> Guys, you're going to have to speak up. And that's for where Lowe's is, not on the other side where Walmart has parking. >> This is for the entire entire
on the other side of Walmart is what you're saying. >> Okay. So, what did Jay say the count was? >> Jay, pick up a mic right up there. And what did Walmart testify last night that the count total count was? >> I believe they said 235.
can >> well I think in order for us to confirm Langan we'll have to do accurate or another second count and if it's contrary we'll have to explain that to the board but >> who on behalf of Walmart testified because maybe Jay can contact him and
the and this applicant engineer attack them it's a good idea who >> Kyle McKenna >> Kyle McKenna >> Polar engineering >> polar engineering I would love to do So we will coordinate get the correct count explain how many spaces are
supposed to be removed under the proposal and I don't know if there are any other comments from the planners letter. This is my underlying question. Mr. Conlin testified
that there was a prior C variance for parking that they would have to seek to further reduce. I want to know was there a parking variance granted? >> There were other or not >> other applicants in the rare town square have sought applications to reduce the
number of parking. So that's all I could say there. There was nothing that Lowe's has reduced the number of parking spaces in their site, but I know that there was a a coffee shop that's opening up that's reducing the number of parking or is part of
adding parking. >> Yes. So, so I'm looking at the approved site plan and it's 274 stalls which were permitted and eventually um provided on the plan but through that they didn't they didn't
they couldn't confirm the residential um structure. So over time the required did reduce. So I think coordination with Bowler Engineering, our engineer, we can get to the bottom of this and come to a number.
I believe those were all the comments from the planners letter. We did hear from the fire marshall and we will comply with his recommendation. Uh the engineers letter part from Mcdana and Ray Associates.
I think all comments have been addressed except for >> just real quick Jeff for that do they have to coordinate with all the other stores on premise so like if I know that seven bruise is going there and things
like that like do they need to converse with the property manager potentially for this parking space issue just because we don't know what anyone else could be >> we answer that >> looking at >> is it accurate that other businesses that go in there seek parking variances.
>> No, because the way this was um >> Thought you just said yes. >> Huh? >> Thought you just said yes. >> She said that. Okay. Yeah. So, the way the way it was designed was to prevent additional review. So, it was it was a factor that was uh shared with with all
retail uses and anything. The the residential then had to be incorporated. But if anybody comes in for a CCO, it's it's okay because it was already uh considered. It's it's independent. >> My understanding was I don't know if it's right anymore. My understanding was
they have a certain number of parking spaces out there for the whole development. What that number is, I don't know, but that number is meant to take care of everybody. Since Lowe's wants to take up some of those spaces on a permanent basis and some on
a temporary basis, the steep parking variance would be to allow them to take up some of the spaces permanently and some temporarily, but it would not. The variance is not to lower the number of parking spaces. The variance is to allow
them to in essence take parking spaces and use it for things other than parking. So, as far as I know, there have been no parking variances granted out there for for any of these stores. I could be wrong, but that's I'm going to ask Jeff to look into that.
>> We'll have to research it as well, but that would be appreciative if we can get some direction from the township on that. >> Jeff, didn't Walmart do some modifications last evening?
>> Yes. And that's that's part of the confusion is that uh the numbers aren't consistent, >> right? >> Well, this is something we can get to the bottom of and I so I think that comment will be addressed.
>> I would like to just turn to the Mcdana and Ray Associates letter 8. >> Hold on. Let's let everyone get >> Well, when you say done, you want to talk about the traffic >> memo prepared by Jake Boutman with a last revision date of May 4, 2026.
Correct. >> Correct. And everything has been satisfied with the exception of number eight, which Mr. Con will speak to, and number nine and 10. >> Um, number eight, the comment is about
our we have a no through traffic sign. Um, and Mr. Chapman recommended that we move it to the east. Uh, and that is for this area where we do have closed off and barrier for employees only and no driving. And bringing that sign that's kind of inward to the parking aisle, he
asked us to bring it out to the stall. So, no through traffic, which we obviously have no uh no uh issues with, and we will do so. And number nine, which is also in Reesha's letter, it talks about the functionality of the Westerly ADA parking space that is
immediately adjacent to the loading zone. And that's in the same area I was just talking about. We show a temporary barrier basically right at the edge of the ADA accessible parking spot. And to address that, we will just move that in. I mean, I would suggest 5T, which is
typical for a turnaround dead-end parking spot. So we'll just move that five feet to the west to address that comment if that satisfies. >> And number 10, I think we just talked >> any of these revisions you're talking about, >> right? My very strong suggestion is make
the revisions and submit it. >> So there's a plan. This is this is if the board ever gets to the point of approving this, I would like to keep the plan revisions down to a minimum. you're going to have a bunch of other conditions, but the
plan if you could get the plans revised before you actually vote to approve, you'll be ahead of the game on this application in my opinion. >> Yeah. In that case, if I could ask for something having to do with the trans uh sort of uh circulation and especially
with regard to flatbeds and tractor trailers and the delivery schedule for those outdoor loading areas, I think it would be really appropriate that there's some kind of defined time uh time of day maybe when customers are
not present. Um and if this kind of uh filling up of the storage is going to take place at a particular time is it um the beginning of March um and then this
the stuff is going to be removed. I think there needs to be some kind of um plan outlining how this filling and unfilling of these outdoor storage areas is going to happen, when it's going to happen, um
how it's going to happen, and so that with this this safety of customers in mind, I think to your point, Laura, I know it's hard. you can't control when trucks come and go. So, that's something that you can't do. But, if there is a possibility of making sure they're at
like a loading dock or something and then they're transported where they need to be, that might be sufficient. Um, >> wait a minute. Why can't they control when trucks come and go? >> I just know from experience and working in the transportation industry, you can't like trucks are late sometimes.
Sometimes they're early, sometimes you can't predict them. So, you can't really >> do that for a lot of transportation companies. Can um the department manager who's in charge of the outdoor storage
be um able to be out there, be notified when a tractor, trailer or a flatbed is pulling up so that he goes out there and uh supervises how things are unloaded, where it's
unloaded, doesn't exceed the eight feet um in height. um you know that kind of um arrangement. >> Yes, we can we can actually have staff. When a forklift's out there,
you have a forklift driver and a flagman. So, they're going to unload the vehicle with two individuals, one on the ground and one in the one in the forklift. the the truck coming in. Typically, they notify them prior to
depending on where the individual is in the store, it they may be pulling in as they're running to get to them. So, it's always a logistics type thing. Um, to limit our hours of delivery, that would
mean that we would have to have employees specifically outside the hours of operation. So, the store being open at 6:00 a.m. and closing at 10:00, you're Are you suggesting that those
trucks be unloaded after business hours? >> No, that's not what she said. >> Well, I'm asking because she didn't >> I think that's what I think that's what she meant, but I'll have to ask. >> Yeah, kind of. Um, maybe not after. I was thinking more before, like early in the morning because that's when you need your product. you're getting ready for
the business day and you want to make sure you have um your inventory and so that you can sell the stuff. >> Let me ask, are we talking about throughout the year or are we only talking about the trucks for the spring products?
>> Yeah, it just means the ones that are in like the parking lot spaces delivering the mulch or whatever it is, not the stuff that's going to like the loading dock >> about a limited number of months. So maybe you the board could put a condition on like that. And I I really don't understand if the applicant says
that they can't tell a supplier that you can't make a delivery after 10:00 a.m. or something like that. >> Yeah. I mean, I just don't think it's fair from my perspective. Just I have tractor trailers go by every day and just I know it's hard logistically and adds more to the manager that they have
to do that. So >> But you have a year round operation. We're not talking about their norm. We're talking about just >> I'm just saying truck drivers in general though. >> May maybe if the local store manager comes in, he can tell us the current process.
>> Right. >> I guess I'm concerned about safety because this is the busy time of year for you guys. This is um as you had said, you have a lot of uh people coming in for their spring um stuff and to have
this kind of um it's a conflict of customers walking around and shopping and uh flatbeds coming in. >> You know what? Whoever said the local store manager come in >> is probably the right person. Yes. Because
>> I'm sure he's not an operator. >> They must they must do something. >> Yeah. protect their customers. >> I'm sure I'm sure they do something. I'm sure there's a process. They're not going to show up at Saturday at 10:00 in the morning because that's your busiest time to pick. So, >> correct. >> Do you know Do you know anything about this
>> about I was just going to explain that the majority of our unloading is going to occur all the way out here in this back green area. >> So, all the way out here in the light green area. >> Mhm. >> Right. that this is this is where we're
going to be stacking and storing. >> Light green. For the record, this is where the light green area is the area you're going to be >> right. That is the main loading and unloading area right there. >> So, what about photo number nine in my
report? >> What day in your report? >> Uh, April 30th, 2026. that the the back of the store. >> It's the back of the store and there's pallets of mulch. >> That's this is the very last photo in
Jeff's April 30th report. Can you just >> I I I saw that. I I understand that. >> So, how >> they don't they don't have a plan that has been approved that is telling them what they can and can't do. I keep sending them these plans to the store
and saying, "Hey, here's where you need to be." Right now, he doesn't have a plan when nothing's been approved. So, they're operating the store as they have for the last seven years that he's been there. So, Joe's going to put it where Joe's
put it for the last seven years. Can we ask for a uh transportation and and loading and unloading safety plan that describes our opera, you know, arrows of operation, how the safety and management is going to happen, what you
know, we need something in writing so that we have we know what we're maybe agreeing to or where we might need some modifications and and you know, our professionals may have some ideas on
things that are needed. >> And most of this could be rectified if it was just in the loading areas and unloading areas. Correct. Instead of in the parking lots. So if they loaded it where we just saw the picture on photo 9, if they were unloading the bags of mulch there and then had someone
flagging moving it to wherever it needed to be is basically what we're saying. >> Well, I think with the storm >> right now, they don't show they don't show anything in this area. I mean it's >> Oh, no. I mean like future forward though, like everything would be rectified if they load unloaded
safely in a loading unloading zone. >> That's not what he said. >> Can I ask >> operationally? Excuse me. Operationally, we're trying to minimize the amount of forklift traffic. And if we unload and load in the back of the store like we're
having to do now to keep it out of the parking lot, it it just increases manpower traffic on the with forklifts. >> But don't you have to forklift it off in the back anyway or when you're wherever it is anyway? >> Yes. But if it's in the parking lot, I'm not traveling across the entire parking
lot with a >> pallet full of mulch on a forklift to get there. Mhm. >> And if I have to do it in the >> Do you direct off the road? >> Yes, that's what he's saying. He takes
it directly off the truck. Yeah. >> Right. And you put it in the spots right now in the in the front parking area in the green area. >> That's where we want to Yes. Directly off the truck >> into >> into that area. And then what they will
do is when the orange area, which is where we have our quick load, >> when that runs down, we forklift from that green area to the orange. >> Yeah. >> Or deep. >> Can I ask a question?
>> Mr. drill. >> John, >> so would the board entertain if we expanded our relief that we're seeking here to areas in the back of the store? >> In what respect?
>> Well, there's, as Mr. Vakarella said, there's storage right now in the back. There's things being stored there and that might have been done for what we don't know, three, seven years. that that's part of our relief that we will seek an additional area to have >> definitely >> outdoor storage >> if you're gonna keep that.
>> Okay. I think that would solve a lot of problems because we're not taking any parking space. >> I mean there there's a bay door and and it seems like there's that's part of the operation. Um >> I don't know why they didn't put it on plan. >> Send a letter back where the loading operation happens
>> when you send in the revised planain indicate that you're going to that's a great idea. >> Okay. So hold on a second. any any issues with biohazards or anything like that back there? >> Find out when he reviews it. >> Yeah. Um there definitely could be
potential of concern depending on what's being kind of stored back there. >> That that's why their engineer will be in touch with the >> I like the idea. That's why I'm like the idea. >> Yeah. Okay. So, that might cure a lot of non-compliance issues.
So, moving on. I believe that's all the comments from the traffic and transportation memo dated May 4th. >> Did they >> Jay? Did they address your item 10? >> Yes. Uh during Mr. uh Conland's
testimony, he said he was going to fix that note with the numbers, >> right? But they're going to figure out the numbers. >> Correct. >> Okay. >> Need to be revised. Right. >> Okay. Now turning to John Morgan Thomas landscape architect letter dated May
1st. The applicant agrees to change the type of trees that were proposed and Brian I don't know if you want to talk to that at all. >> I we could go through the letter but there was a couple species replacements and then adding some notes and we have no problems with doing the same.
>> And we'll also confirm that. >> So so put it this way. The way the board normally does this is if what you see in Mr. Thomas's report is acceptable, it's going to become a condition accept it. If you have a
problem or want to talk about something, speak up. Otherwise, everything's going to become a condition. >> Well, no problem. >> Unless there's test unless they have to explain something or testify about it. But >> we also asked them to revise the plans to address all these memos anyway. So, I don't think there'll be that many
revisions. What I mean is you don't think that there will be that many plan condition review. Correct. >> Because they're going to revise these plans to comply with if they are really smart all the outstanding comments in the expert reports. That's what you're
saying. >> I believe they are really smart. Yes. >> And yes, we agree to all the conditions in the all the reports. >> Would you would you mind discussing a little more item five >> of the would you >> the landscape report? >> Yeah. John Thomas's report.
>> Yeah, we were just g I was just going to mention that that we will ensure that and as the plan depicts that there will be a buffer between where the molds will be stored and the trees >> and that is represented on the plan. Um
it might not be in the field. I can't speak to that but the plan does address that comment. >> I I just want to learn from John what he meant by that. And is he? >> No, I it was just what I meant was is that >> I happened.
>> Yeah, I I drove by and the current condition is is that the mulch is next to the islands, >> but there's no trees in those islands right now. I I didn't >> not much left. There are some trees in the island. There are some trees there. >> So, my point was and maybe it's here and
I didn't understand is what are we going to do about those? How are we going to do remediation so it complies with >> Well, I I think what they've agreed to in the past, and correct me if I'm wrong, is that that all the trees will be replanted per the original plans. Correct. >> Correct. Correct.
>> And and my comments were on this last plan were related to the species that they did prepare a planting plan. >> Um and I just had some comment about the species because the condition is, you know, they did lose a lot of trees. In
fairness to there were a lot of ash trees. >> So those were done. They also lot they uh they also lost a lot of trees because of how badly they were pruned about 7 years ago. So those are going to be replaced. That's fine. I just want to
reiterate the purpose of those having those open spaces next to the planting islands is to protect the trees >> and the areas that >> requested that they added a note which they which they did add that says the trees are basically to be pruned
properly not the way they have been in the past. And when these there if it's approved when these areas are delineated in blue paint or whatever paint showing where the mulch will be stored there there will be space between those >> painted line and the trees. >> Yeah I don't I don't know if there's
there's any kind of painting and >> only along the frontage >> frontage that's what I understood. >> We don't want we don't want to confuse bad with extra markers. >> Yes. Makes sense. And as I mentioned, we agree to all the comments in all the reports, but just specifically
environmental resolutions dated April 30th. And then finally, if we can provide the testimony about the sign variances and our planner can address that and then only remaining item is to show that we've heard the board and >> and bringing
>> Yep. We'll be bringing >> managers. Yep. So, so and and real so the signage real quick, we're proposing for that loading area and enter loading zone sign and exit loading zone sign both at 32 square ft and then there's a
no through traffic sign at 16 square ft for closed. You have qualify. Hi, Miss Get your name in Bfield. >> Yeah. >> Yes. Can you >> Can you hear me? >> Before we start, can I just go back to John Morgan Thomas for a minute? >> Um, John, I'm sorry. I read your report
the other day and I I can't find it now. So, we're saying that you're you're stating that they should bring in an arborist. Correct. >> Correct. >> Thank you. Um and that um
that is that one time or is that a maintenance type thing? >> No, my my intention was so the trees have remained were pretty badly mangled by bathrooms. >> Yeah. >> Uh some of them have actually were
colored and are green, but I think they should have an arborist look at them and the arborist is going to say you need to prune them out a little bit. So, that's a that's a one time thing. >> Okay. And then did you say in your report uh I think there was a maintenance tree maintenance to make
sure that they're doing it correctly. >> Yes. And that's and that's something that we're is actually now a township standard note with basically says trees have to be maintained >> uh in in a in a habit that's typical to
the other words. If we if we specify a campfree in a parking lot, the intention is that it grows big in the parking lot >> and that it shouldn't be cut down into a little lollipop or worse. >> Yeah. I was just afraid that we're going to >> this plan that they've added and now on
all plans quite frankly because this >> Are you going to make sure that I guess do that? >> Yeah. Yeah, I'm just >> I just want to make sure that they replant all these trees and we're not here 5 years later with the same thing.
>> Well, and again, the note on the plan is to make that abundantly clear. >> Yeah. Okay. I'm sorry, Randy. Go ahead. >> There is a plan states that trees will be planted by November 1st, 2026, >> right? >> Okay. >> Hey, John. >> Yes.
>> Who's going to watch them properly? Well, we'll we'll we will review the report from the archerist that they will hire. Okay. Like what what are you going to do to kind of fix the trees that are still there?
>> And presumably he's going to say some pruning procedures and some fertilization and so forth. We'll review that work and we'll review the planting when it goes in like we always do for the inspection. And you know be beyond
that we we we can't watch all the time but >> okay >> we we try to keep an eye on this. >> So question Mr. D >> what uh chairperson is saying here is can we uh have anything as a condition to maintain so we're not here again 5
years from >> in my opinion you can put a condition that they have to maintain the trees beyond the 2-year bond period. This board has imposed conditions that they have to maintain trees in perpetuity as long as the load is there.
>> Okay. >> So, we should if somebody can make a note of that. >> Yeah. >> Thank you. Go ahead. I'm sorry. >> Mfield. Can you please provide your credential as a professional planner and be licensed as a plan?
>> That's is this better? >> Yes. >> Yeah. Uh so my name is Rachel Fefield. Uh I have been a uh licensed professional planner in New Jersey uh since 2024.
Uh and I've been practicing with uh Lang and Engineering as a planner. Um my license is current and in good standing. Um and I'm also a member of the AICP. >> Do you appear before New Jersey boards? >> I have although I have not been before this board. Which boards have you
appeared before and accepted as a planning expert? >> Uh most recently I have been in New Brunswick, New Jersey. Uh I have been in Newark, New Jersey and I have been in Elizabeth, New Jersey in the past month or so. Yeah.
>> You accept her as a planning expert? >> Yes. >> Welcome to the country. Uh so my uh colleague Mr. Conlin was referring to >> right let's focus on what signage variances are required. Start with that
and then we can get into it. So everyone set the tables. >> All right. So uh under 296 165 C directional signs are not to exceed three square feet. Uh and we are proposing uh signs that are larger than that. So
>> Okay. Exactly. How long are you proposing? So 3 ft is the max and you're proposing what? >> So for the enter sign it's uh 32 ft. For the exit sign it's 32 ft. Um and then for no through traffic uh it's a 16 foot sign.
>> How many for no through traffic? 16 >> 16 ft. So it's 32 ft entrance, 32 ft exit, 16 square ft no through traffic. >> Yes. And just one question. These are temporary signs. Correct.
>> Correct. They are only to be placed during the the time period that they're uh you know doing this uh temporary seasonal. >> So it's only it's >> for the time period they're outdoor storage. That's when these signs are going to be in effect. >> No, only during the the
>> seasonal July outdoor storage >> July 31st. >> March 1 through July 31st. only the area indicated in red, >> red, >> red, orange, whatever people see it as. >> Okay. Are there any other sign variances
needed? >> No. >> Not to my knowledge. >> Yeah. So, the reason that they're proposing 32, 32, and 16 rather than 3 feet is >> Yeah. So, uh we're proposing this um to
allow for clear circulation. We've, you know, heard some testimony about how this is a lot with a lot going on. There's parking, there's this outdoor storage, um there's drop off of, you know, product. Um we want to make sure that it's clear who should be there,
where they should go in, where they should leave, and who should not be going through there. For example, if you're trying to, you know, cut through the parking lot and go somewhere else. >> That's why the signs, why the 32 square feet? In other words, is is there some amount of square footage that you need
to make sure people see it? >> Yeah. So, it's Pittsburgh for clear identification for drivers. Uh, you know, >> is there some, in other words, is there some is there a planning standard? Is there a >> traffic standard? Is it some standard that
has resulted in proposal at 32 square feet and not like 10 square feet? um it's not pulling from a specific standard. Uh it's you know what our um >> engineering team felt was most you know.
>> Who came up with the sign size then? The engine where did he go? >> No. Lo Lowe's came up with the sign size. >> Okay. So can you explain what's the basis for those sign sizes? >> It's on a 4x8 sheet of plywood. >> Okay. How about the no through traffic sign? >> That's a 16 foot.
>> That's just a 16 foot. Dude, that'll be a special corner. >> And where where is that located? >> Yeah. What's that? >> Where is that located? >> Right there at the corner. It's um Can you see it on the plan? >> It's going to get moved to the corner at
the end of the aisle so that somebody doesn't try to turn in there. Right now, the arrows pointing to it in the interior of the aisle. So, I put in my memo and they agreed to move it to the corner right there so nobody tries to turn left in there.
>> Okay. Thank you. >> I don't have any further questions. >> I I do have further questions. >> I do. >> So delta between 3 square foot and 32 seems like big.
>> So I was wondering I was listening. I thought maybe it's because of safety security. I didn't hear any of that in terms of why 32. So >> it could have been 16, it could have been 10 to John's point. >> Yeah. So for visibility, you want to you
want to be able to see it. Um, so obviously like that's why the 32 the three is, you know, like that's the standard for directional signs in your ordinance. >> Totally understand three. >> Yeah. >> But the delta between 3 and 32 is where I I can't visualize why. What's the
significant improvement in safety between 10 square ft and 32? >> Cuz we know it's for safety reason, >> for visibility. But why 32? Why not 10? Why not? >> I I would at this point. >> As stated earlier, it fits on a 4x8
sheet of plywood, which we >> Well, that's not an answer. That's just for your >> What it does is it also acts as a barrier. when it when when the the quick load is closed, >> they'll pull that in as a barrier. >> Did you hear that, Mr. Drill? So, it's just enough sides also for barrier.
That's why 32. >> It doubles as a barrier. >> Okay. And the reason for the 32 ft is not simply because that's the size of the sheet of PL. I would argue it's for the visibility and safety and mis
that truth. I would just was hoping I was helping you guys with the witness something. >> Yes, I understand that you know you need x number because the board has heard you know testimony in the past that you need x number of inches for the text on a
sign. The sign's got to be a minimum of x if you want to see it from y, you know, >> distance away distance. That's what I was. >> So what I recommend and this is we're coming back to you again and we can provide more explanation at the next hearing. >> Yeah. Yeah. Probably from an engineer
the planner is going to say it's a C2 variant for safety. That's the easy part. >> The harder part is to give her the factual basis for her to base her opinion on. And that's what I think you need actually traffic engineer but an
engineer who has got some traffic that can look in a book have these standards for text size and sign size for number of feet and all that and just give her some facts so rendering a net opinion. >> We'll readress this at the next hearing.
>> To me it it seems and just building off of that idea that it doubles as a barrier that you want it um big enough so that cars can't just go around it. Is that kind of what you're trying to do is prevent cars from going in there anyway?
Because if it's a big physical barrier, you know, I just >> Okay. >> Yeah. A sign you can't ignore and also that you physically cannot ignore with your car. >> We will address it at >> go down there regardless of what the sign said because people do stuff like
that. >> Okay. So, we we'll address it at the next hearing. Thank you. >> Does any expert have any outstanding issues that you want to extend to?
>> I do not. >> No. No. >> No. Uh the clothing bins, they're um being proposed on the plan, but they're not physically there. They got >> Yeah. They were moved by the police. Not speak of
>> the the clothing bins. They're on the plan. Um and they got moved uh by Lowe's. The conversations with PD. Now they're at BJ's. I don't know if they're going to go back. Um >> just ask them. >> We were told that they were going to be go back. I mean, at a as a courtesy,
Lowe's put it on the plan because the police wanted the bins there. I'm not sure why they were moved. >> They had them Lowe's moved them elsewhere on the site. And then I get a conversation from the PD uh saying >> well the plan is to have them within the Lowe's parking lot. I mean that's what is agreed between the police and that's
what's indicated on the plans. So those will remain. >> Just want to confirm >> unless we hear something differently between now and our next submission. >> Okay. So when is the next available date? First of all, how much time do you need to revise the site plans to comply
with all these uh expert comments? And why don't you talk talk to the attorney over there? >> Yeah, I think once we're not >> we haven't clarified. >> Sir, if you talk anymore, please go to microphone.
>> Here's the thing. The board as 21day submission rule. >> Well, that we don't even have to worry about that. The next availability will be August. >> Okay. Make sure you get even though you could do it quickly, make sure that it is submitted
>> 21 days >> at least 21 days ahead. >> Understood. >> But let me just double check what that date available. >> And what is the August? >> Check. >> Okay, >> that would be August 6th. >> So if you take that, the 21 day is that
you would have to have it in by July 16th. >> That should be fine. Yes, that's fine. Thank you. Okay. >> The hearing on this application is going to be continued to August 6, 2026. And when does the time for the board to decide expire on this application?
>> June 30th. >> So, let's get an extension on this one to October 31st, Halloween. >> We agreed to the extension. I like that. >> Do you think it's uh reasonable that we just go over what we're looking for >> in revised plans?
>> Say again. Do you think it's reasonable to just make another note on what the board is looking for? >> Okay, that's a good idea. So, number one, you said you're going to now show some storage in back of the building. Make sure that's on the plan. Number
two, go through the four expert reports actually including the fire marshals report so that if the board approves this, I don't have to have site plan revision conditions. Everything in the reports
should be on this revised plan. And let me just the parking the number of parking spaces has to be resolved and that might take you more than a couple days. >> Ensuring there's a regional manager and
a manager. >> Ensuring the regional manager and manager. I want to first go with what is required on the plan. >> Okay. >> And can I ask this question? Is is Walmart asking for a reduction in parking at all or they're just want to
>> Yeah. Well, is Walmart asking for storage? >> They're going to reduce the overall parking supply by 13. >> And what are they doing with those 13 spaces? They are uh putting in an uh
pickup and delivery operation which requires wider parking stalls, 12ft stalls. So that >> they're restriping. They want >> restriping. Yes. >> So should our numbers be based on that application being approved? >> Your numbers should be based on what's
out there now >> before the Walmart approval. >> Walmart. >> Oh, it got approved last night. It got >> Oh, it was approved last night. Okay. >> Yeah. So you have to consider that. >> Okay. >> Where would they get that information from? Where would they get that information from? From Jeff.
>> I just told them it's they're reducing >> 13 >> the overall supply by 13. >> We also coordinate with Boulder Engineering. >> Okay. >> So those are the plan revisions. Now the next thing is the board wants at minimum the local manager, but I believe that
some board members also want the regional manager. And so I think that you really if you want to put get the board into a position where they feel comfortable approving, you need the local manager who's been there according to our fire marshal for seven years and the regional manager.
>> Understood. >> It might not, this is up to you. It might not be a bad idea to have the two assistant managers so they can hear and see what the board does. Can we also um ask for a um uh loading and unloading
logistics summary? You know, we need to know how they're going to handle the trucks coming in, loading and unloading, the distribution of the materials to the new areas. Some of the board members wanted to ask the assistant manager that question, but it would, you know what, that would be a
great idea to submit something in writing ahead of time >> on that because, you know, they're going to ask him. >> Understood. >> And your goal should be to be able to get out of here on that night with an approval and not have to come back again. >> Understood.
>> Yeah. >> All right. >> That's all she wrote. >> Uhhuh. >> All right. No one else has any other questions before we >> you get it. That's all she wrote the last line. >> She probably was put on.
>> Okay. >> Okay. So, applications continued. No need for further notice. August 6 extension they've granted to October 31. And that's all she wrote. >> Okay. Thank you, John. Uh, real quick, um, we have sufficient members here.
Would you recommend that James Miller listen to the transcript and the recording or just >> only if you get an indication before August >> that people are going to be absent and you need them to get to seven?
>> Okay. All right. And um Randy, I would uh ask you to uh meet with Dennis and have a voice projection session. >> If we can get if we can get Randy, if we can get Randy to half of Dennis's
volume and clarity. >> Thank you, D. I still think that that microphone you have to hit it or something. a little whack. >> Yeah, we don't hear you any better, >> but I'm sure Donna probably hears you better,
>> Donna. Oh, you heard me. Interesting. >> Yeah. So, so you at this table need to project. Maybe you should take a a >> Listen, no one's ever told me that. I've been talking softer because I thought I was gonna blow you if I was talking in the microphone in my normal volume.
>> Yeah, I think we all Anybody on? >> Sorry, Donna. >> Taylor, still yell at me for not speaking into the microphone. >> No. >> All right, we're good. Um, >> okay. >> Motion to adjurnn. >> Motion to adjurnn.
>> All in favor? >> I. >> Thank you.