To the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for all. Secretary, can we have a roll call? >> Um, first chairman, this uh meeting has
been advertised in accordance of the open public um sunshine law. Roll call. Mr. Kandell >> here. >> Miss Lman, Mr. Mueller >> here, >> Mr. Shaw here, >> Mr. Taka here, >> Mr. Velo, Mr. Williams >> here, Councilman Zabrowski, Chairman Ty
here. >> We have a quorum. Goodization of resolutions application number 24-01 [Music] >> and that's uh Chickle LLC Freddy Hanez and Lucille Perez 00 and uh 60 Cleveland
Avenue block 360 lots 191 through 194 >> motion second >> second all in >> favor >> we'll do a roll Mr. Kandal, >> yes. >> Miss Lman, >> Mr. Shaw, >> yes. >> Miss Sataka, >> yes.
>> I'm sorry, Mr. Müller. >> I have to abstain. I wasn't there. >> Thank you. >> Oh, you >> abain. Oh, I wasn't here August 20th. >> You weren't here August 20th. >> No. >> No. Okay. Um, Mr. Williams, >> yes. >> Chairman Tai, >> yes. >> And Councilman Zabowski,
>> yes. >> You'll abstain. >> Abstain. >> Thank you. Okay. >> Minutes at the August 6th and 20th meeting. >> Motion to accept. >> Second. >> Second.
>> All in favor. >> Opposed. >> Okay. >> Communication agenda. >> None this evening. >> Sub plan subdivision hearings informal application. John Milky subdivision and Pyramid Avenue sharable.
Just because this is the board's first uh informal or conceptual application uh this year, the municipal land use law does allow um a an applicant to put forth a uh informal application in which uh they kind of give a uh not fully
engineered plan to the board to kind of get their pulse in the temperature of the board. um and see whether or not it may make sense for them to uh retain uh professionals and bring a formal application.
So, anything the board says is non-binding in this informal review. >> Yes, sir. >> Come on up. Give your name and uh >> John Mileik 7 firm and a John. >> Yes. I'm I'm trying to subdivide my lot
into 60/40 on a 7 R75 lot. Trying to build a house for my daughter. So, she just had a baby and everything's so expensive. So, you know, I just want to see if I'm able to do something like that.
I mean, two L. >> So, your property, >> my property is 100 by 100, >> right? And it's so it currently meets the standard for the R seven zone. >> Yes. >> Um you're looking to create two lots
which neither of >> neither one of >> Yes. >> Um traditionally applications where you're creating two undersized lots are very difficult. You need to demonstrate there's a sort of over there's a prevailing development pattern
of similarly sized lots within the area. Well, the two lots across the street are 40 foot each. So, I figured I would mirror that with the one lot and my lot would be larger than that lot and the other lots behind
me are 50 ft 50 ft each. So, I'm somewhere in a area of the same size. >> They're telling us is that the majority of the lots around you are under sized? >> I would say probably 3/4 of them. Yes.
How far away? 250 ft away? Three blocks away? Two blocks? >> No, the two directly across the street. The ones behind my property, directly behind me are 50 ft wide each. The one next to that one's 50 foot. Then
and adjacent ones going down my side of the street are also 50 foot. >> I have the tax map pulled up at the moment. um it's just a little bit tough to discern which lots are consolidated. Um so typically when we look at applications like this, we look within
200 feet of the property. We look within 500 feet of the property and you know expand it out to the the zone limits. Um if there's a again a prevailing development pattern where they're similarly sized oftent times that is a good argument for what is proposed. Um but in addition to that you would need
to really get an idea of the size of the homes as well. What what size home are you thinking about building for your dog? >> Uh approximately 1,400 square f feet. >> Okay. Um so the other thing we would want to make sure is that that size home is also consistent with the area. So you
don't want a very small home that's surrounded by other large homes. The same you don't want a very large home that's surrounded by very by >> I mean the majority of homes except for my home are pretty much similar to that. maybe 1,400,500
maybe even smaller across the street probably uh 900 couple of them 900 and then he just built a brand new two family on the corner where spare time used to be so I mean I mean I don't want to have to go that route to try to do reszoneing
for two family I'd rather just do the single families and hopefully my daughter could have a Um as always the board is sympathetic and always wants to you know increase um
the number of residents and work with residents. If you retain a professional they first thing they would really need to do is look at the surrounding area and sort of do that evaluation to see what size homes are surrounding you as well as what size lots are surrounding you. You
can you can do that yourself too by going down the tax bank get the maps and sort of figure it out and and what you're saying is it's 3/4 of the way favoring you then we would behoove to to look favorable something I
think most so I mean before you hire somebody you can do a lot of the leg work yourself is what I'm trying to tell you >> yeah before I draw a blueprint or anything I want to get to that point where it's feasible for me to do that. >> Yes. So, right now the board doesn't
have any information on the number of properties that surround you that are undersized. Um, and as was mentioned, it's anything we advise you of sort of non-binding. >> Um, but the more undersized lots that are surrounding you, the better argument you have
>> for what the proposal is. You know, the more variances you need, the heavier of a lift the application becomes. So, I noticed that on your zoning schedule, you need variances for lot coverage, uh, impervious coverage. Um,
number of stories, I guess you're proposing a threetory home. >> Well, it's because it's technically the new flood zone where I'm at just into there. So, it's not really three stories, right? >> It's it's >> it's built up on it. >> It's built up, >> right? And if you're in a flood zone,
the bottom level um does not count as a story. It can only be used for parking and storage. So then it would be for a twostory. >> Yes. >> Okay. Okay. >> Um so yeah, so um as the chairman indicated, you can review the tax records for the burrow to see what is
surrounding you. Um you know, if there's a significant number of undersized lots, I think what you're proposing, if it's in line with that, would have good justification. If you do that analysis and 10% 15% of the lots are unders sized, you have a a tougher time ahead
of you to try to justify. And that's within 200 feet you're saying or thousand >> typically like to look at 200 feet and 500 feet. Um I think that both gives you sort of an area and a regional analysis and then oftent times it may be worthwhile to even look beyond 500 feet.
200 feet is obviously the most important but I think 500 feet is as well because >> that's where he has the notice to >> correct. Right. If you're applying for the subdivision, you're noticing all property owners within 200 feet anyway. I mean, those are considered typically within development application the most
impacted property owners. That's why notice is required to be sent out to those property owners. >> Do you understand what he's talking about? >> Yeah. No, I I understand. >> I mean, if you if if you go to talk to your neighbors and say, "Hey, look at this what I'm doing." And and they all say, "I don't have a problem with it." That's half.
>> Yeah. Obviously, they all have to be not noticed to them anyway. So, >> all right. >> Looking for >> I guess something like that. So, I basically I just got to do the leg work to find out which lots are which and
>> Yeah. And like I said, if the predominant uh development pattern is is 50 foot, >> it's probably 6040 split something like that. >> Yeah. If you can find out if there's other other people sent, you know, looking for impervious uh forgiveness
and and lot coverage for forgiveness, that helps you, too. >> Yeah. All right. >> Good enough. >> All right. Thank you. >> Thank you. >> I wish they were all this easy. Uh, next on the agenda, we have
application number PB25-01, Tenon Auto Service, Inc. Preliminary and Final Site Plan 2069, Highway 35, South Amboy, block 428, lots 22.01. And this was carried from our August 6,
2025 meeting. Mr. Pap, >> good evening, Mr. chairman, board members, board professionals and public tennis paper on behalf of the applicant and the attorney was high paper and have the privilege and responsibility of
representing your applicant. The applicant's representatives are here again this evening. Miss Ying and Miss Lling and Mr. Wang are here. Um they are the represent >> Put the mic >> closer. Okay. they are the
representative of the landlord and the operator. Um, we have a revised plan to present to the board this evening. A plan that was filed approximately September 5th with the board. The plan is intended to be
responsive to the comments and concerns that were brought to the applicants attention through comments from the board, board professionals, and from the public. Um, when we were before you at the last meeting, there was members of
the public that pointed out there were activities on the property. That was clearly a mistake on our client's part. It was an error on my our client's part for which there's an apology to the board. You'll if anyone examined the
property, you'll notice that it was gated immediately after that meeting and it's been maintained with a locked gate. There's no activity taking place outside of that building. There's a single bus that's sitting in the lot. And the
letter that was issued by Mr. Machensky back in the winter said that one one bus could be there. But um but we we begin with a presentation to you of a revised plan. And I don't want to steal the thunder of Ms. Nissen, but the revised
plan includes a number of items. There's you'll see that there's regrading along our residential neighbors property. That regrading is to uh capture the storm water that was leaving our property and going onto our neighbors. You'll hear
that it's a combination of a burm and swell directing that storm water into the collection system. We also changed the landscape area. The ordinance requires a 50ft landscape area. We had moved that up to 100 ft.
We've now gone to 130 ft of landscaped area between us and our residential neighbors. That entire area is proposed to be a combination of a reforestation, a naturalization and a landscape area.
The bus storage facility has been reduced in size. There were 10 stalls originally. There are now six stalls. the S and the orientation of the buses has been changed so that the rear or where the exhaust portion of the buses
is pointed towards the north and away from our neighbors. So the bus storage area is actually been moved further away from our neighbors and reoriented. The there were a number of commitments that were made the last time all of which will replace restate on the
record. With your permission, I'd like to call Kiara Nissen, who I can remind is under oath and I'll your board accepted her credentials. She is a PhD and a PE. Um, and I'll remind her that
she continues to be under oath as a professional engineer. May we so proceed? Thank you. If we could [Music] There was a one point that I I don't know that we made very clear. I know
that the board members were aware, but for the record, this is a permitted use. We're not asking for a an activity that is not expressly permitted by your ordinance. And it is a permitted use on a property that is zoned for this
industrial activity on a state highway. and it's a a site that has been developed for decades. Um the site layout, the driveway configuration, the number and placement of the
buildings are all pre-existing conditions. So these are not conditions that your applicant is creating. In fact, what your applicant is attempting to do and I think with success is to cure a number of defects that occurred over time. I think the defects that
occurred over time were not as a result of any approvals granted by this board. They were clear, it appears that they were clearly a result of prior property owners expanding their use to beyond that which had been permitted. And we're looking to roll all of that back and
lower the intensity and increase the protections. With that, I'm going to ask if Miss Niss remind you that you're under oath and ask if you could identify the exhibits from which you're going to make a presentation. And I didn't mean to steal
your thunder. You're testifying and please place all the details of the revisions. >> Okay. So, I have two exhibits today. I have our updated landscape plan, which is sorry,
sheet four of our plan set. And I also have printed our uh truck turning plan which is the last sheet in our sheet set. Overall uh like Mr. Pap just said, we listened to the concerns raised at the
last meeting and increased the buffer the landscape and buffer area. We uh our client authorized our firm to make the following. This plan shows a reduced bus storage from uh 10 buses. We previously had two
rows of five here. Now we are showing six. And we reor oriented the buses. So this is the truck turning path showing the buses pulling head into the storage space. So the exhaust faces north in
towards the site rather than towards our neighbors before we had them backing into the storage spaces. This reduction in storage area reduced the amount of gravel area on site and replace that with an increased landscape
area by approximately 1,500 square ft. There's also a fence added around the bus storage area to reduce the fence is intended to reduce the sound and light towards the neighboring properties. It's
proposed to be 6 ft tall and vinyl. In addition, we added some grading in this area along the southern border of the site trying to to create a channel. So a combination of a channel and burm
to ensure that this water is heading towards our subsurface existing subsurface infiltration basin rather than any heading towards this neighboring lot. And I'd just like to remind the board of the commitments that uh we made as part
of the previous hearing that there was a request for video inspection of the subsurface infiltration basin and if necessary vacuuming repair of that system. Uh the creation of an operation and maintenance manual for the existing
subsurface infiltration basin. Uh, also a commitment to the inspection of any subsurface soils and areas suspected of millings and an agreement to replace any unsuitable material to ensure the
long-term success of the plants here. Back to our landscape plan that this will all be landscaped. So, there was uh some comments about suspected millings in the area. When the plants are installed, we will look for
the millings and any unsuitable material will be removed. There will be no washing of buses on site, no sanitarial sanitary disposal from the buses on site and the uh single
family residence will be converted to an office and storage use which eliminates an existing non-conformance. So the property as it currently exists has two uses. It has a residential use and it has the commercial use. The
residential use is not a permitted use. And our client is terminating that. It will not be a residence. The building will continue. It's a structurally sound building and it'll be the it's proposed to be the office associated with this operation.
There was also a discussion from the board, the board's professionals and our neighbors with regard to a driveway that had been created along the southerntherly edge of the property. There was there's never been a legal driveway along the southerntherly edge
of the property, but a driveway occurred. There was the apparently was the last property owner created his own driveway going out on the southern edge of the property out onto Route 35 without the benefit of a DOT permit,
without the benefit of any approvals. We indicated that we abandon that driveway and go two steps further. That area will be landscaped so that it cannot be used. and we offered a restrictive covenant to the burrow that expressly vacates any
rights of ingress or egress on the southerntherly side of the property. So that that is enforcable. Um but the then we're offering to vacate it, replace it with landscaping and enter into a restrictive covenant.
The there was a question that was raised as to how is the sanitary waste from the buses handled. This is a maintenance facility, not a depot. Our client's depot is located at 264 Henry Street in
Brooklyn. That's where the buses leave in the morning and go back at night. That's not where their maintenance is done. This proposed facility is for maintenance, but the sanitary waste that's in the buses and the cleaning of the buses, the interior of the buses,
takes place at the Henry Street, Brooklyn office. We stipulate that those activities would not take place here. There al there is a second facility in New Jersey located at 7061 Highway 35 in
South Amboy that also has those facilities and upon occasion our client has done the sanitary waste disposal with them. So those facilities exist. That's where they do their that business. The activities that we're proposing are
permitted. The variance relief that is identified on the plan is existing variance relief with some of that variance relief being rescended. There was variance relief granted in 2001 to the applicant that allowed this greater
intensity and reduction of landscaping. As you can hear tonight, our client is not asking for relief in the landscaping. He's looking to increase the landscaping. Last month when we were here, Kiara went through some of the waiver relief. One
of the waivers was landscaping in the parking lot. We're asking for a waiver not to have to put landscaping in the parking lot. We'd rather put the landscaping where it means something between us and our neighbors. And also there was a waiver for hairpin striping of our parking stalls. We're asking for
a waiver of that requirement. There is a slight encroachment of the gravel area into what is technically the front yard setback. The front yard setback as it approaches the jug handle.
I'm going to ask here if she could identify where that is. And we're asking for that waiver. That waiver gives us the ability to pull the buses away from our residential neighbor if you would. >> Yeah, the front yard again, the front
yard goes along this line on the uh on the jug handle for Route 35. So, the encroachment is this area here where we are proposing a bus and uh there's a little encroachment in this area here that we use for maneuvering. >> So, that's a a waiver that we're asking
of the of the board. There's been discussions with your professional engineer. Your professional engineer would made himself available to ours to go over matters. Um we we appreciate the guidance that was provided and hopefully we've incorporated that guidance into
the plan. There were hours of operation that were made as commitments and I'll just make certain that they're before the board. We indicated that the hours began at 8:00 a.m. concluded at 6. There were no exceptions to that. We indicated that on Saturday our client wanted the
right to be able to operate from 8 to 2, but that would be an occasional and not a regular pattern. There is no overnight shift. There is no second shift. Um, we also stipulated that there would be no activities, no maintenance or repairs
of any vehicles except inside the building and wanted to make certain that that was before the board. I believe care that is our presentation. Mr. Chair, members of the board, that is the commitments that are made by your
applicant. As I indicated, we're a permitted use. And what we're doing is we're trying to dial back and get this site closer to what the ordinance requires and further away from the violations that we inherited.
>> Thank you. >> Anybody have any questions? Mr. Chairman, just a couple. Um, Mr. Pap, uh, can you just ask the applicant uh to confirm that the buses that they will be providing maintenance for are in
fact their buses that they own. >> Um, I actually went over that with Mr. Wang as recently as five minutes ago before we started. He owns 15 buses. No buses that his company doesn't own will
be serviced here for any purpose at all. No exceptions. And I'm assuming those buses are marked proper uh marked as your how do they how are they marked? I'm sorry. I didn't I'm not trying to direct your question. The question is how are they marked? >> Is your ownership identified on
ownership is on the Yeah. Commercial vehicle ownership's on the side of a vehicle. >> Okay. And a second question I have might be for uh the engineer. Uh I believe that according to the engineers report and you may be uh addressing this later the freehold soil conservation district
uh you require approval from that as well. Bur of Sville, we intake that internally you're >> we do. Okay. Yeah. So if if in fact there are requirements after that or or or how does that work then because I'm used to that in other jurisdictions
where >> everywhere but >> essentially the the township engineer reviews the plans on behalf of >> in lie of a separate district and they check it against all the standards. Yeah. So they'll have to make sure that they're properly uh
vegetating the areas after they disturb them. Final stabilization. >> So it's all the same review. It's just done by the burrow instead of a separate act. >> Yeah. Councilman, if I could make a point land with the municipal land use act changed bonding requirements a few
years ago, but there's one bonding requirement that wasn't changed and that is landscaping that is between you and your neighbor. So, we have an obligation not only to install what we're committing to, but to bond it with the municipality. That bond is a two-year
bond followed by the maintenance bond. So, >> you're welcome. >> Thank you, chair. >> Anybody else? Anybody else have any questions? >> So, at the the last hearing, there's some new stuff that I think wasn't agreed to. I just want to make sure we
under we have it correctly. So, no washing of vehicles at all on the site, no emptying of the bathrooms. Great. >> No washing, no sanitary waste. >> Talked about all of the activities occur. The the buses being completely inside the building.
>> Um, so no buses sort of hanging half out of the building. Um, the building is 50 feet deep, give or take, and the buses are 45. That's sufficient room for the built vehicles to be in there and to be worked on without any issue.
>> We confirmed with Kiara doing the turning template to get the vehicles in. She also provided our client with a template showing the vehicle inside the building. So the answer is yes and those representations are made. >> Um there was some operational testimony.
I think we had some gaps last time. I'll sort of just ask my question then uh whoever the appropriate person is to respond to it. >> Um and this is sort of outlined on page eight of nine of my letter that talks about you know how are waste oil and other vehicle fluids going to be stored
and disposed of. I don't know if you want to just hit on page 8 of9 to A through D. I guess D has now been addressed as there's no restrooms or no emptying of restrooms. >> Yeah. >> But waste oil, vehicle fluids, batteries and and tires. Surely our client has
entered into a contract with Lorco LCO. We provided a copy of that earlier to your secretary for the file. Lorco is a licensed waste oil um and other material hauler and disposer. They're a local company in Madawan. They've been around
for generations. They also through subcontractor Lorco through subcontractor removes batteries and tires. So all all fluids that are removed from the vehicles will be removed from the site by Lorco. We've
provided that proof. And Lorco also has provided that they have subcontractors who take the tires and the batteries. >> Right. And then their their hours on this site will mimic your >> inside of our hours. Inside of our hours. Correct. As as is the trash
removal, which we had said the last time. Inside of our hours. Um the only other comment I had in my letter is that um while you increased the grass area, you haven't increased the number of plantings. Um I like the
density that you had of the plantings on the prior plan and I realize you're sort of already exceeding the minimum requirement. Um but is there the ability to increase that density just to better buffer the neighbors from the proposed use? >> The answer is an absolute yes. and then
there's a qualification on it. You take it as you choose. No problem increasing the materials. That that's not an issue. But we'd like to do a combination of naturalization and and proper planting. I think that if we allow that area to
naturalize, you'll get a very dense um it's not going to be an area that is mowed or maintained. So the answer is yes. increasing landscape material to your satisfaction or the satisfaction of the the board is acceptable, but we'd like to explore with you a combination
of landscaping and reforestation. >> And I appreciate the open lines of communication we've had thus far. I'll I'll happily work with your engineer to make sure that we sort of accomplish what we're trying to accomplish. Mr. Chairman, that's all I do.
I guess >> thank you. They um they addressed I think I was just going through my my letter. Uh I think the vast majority if not all between the last hearing and the changes that they made for this hearing. Um, I like the fact that they are now
situating the buses 130 ft from the property line and reorienting them to where the length of the bus adds an additional 45 ft from the property line. So, that's a significant change from a planning perspective as far as the uh compatibility of uses and um yeah, nothing further at at this point. I
think um everything's been addressed. Thank you, >> Mr. Chair. >> We have to do Okay, >> Mr. chair. A brief closing after the public would be appreciated. Thank you. >> Go ahead. >> Can I just ask question? >> Okay. Can I ask more than one?
>> I'm sorry. I remember the last time when um the neighbors came up about uh the fumes going into their homes. Is there any way that you can prevent it? Cuz it travels in the air, the bus fumes and
everything. It's something that they smell. >> We moved additional 30 ft. We 50 foot was required. We went to 130 ft and agreed to landscape it and agreed to install a 6ft high solid fence. We reduced the number of buses from 10 to
six. We turned the buses around so that the back of the buses faces away from our neighbors and we stipulate that no activities will take place other than inside the building. That's the >> no warming up of the buses outside. No running the buses.
>> The buses are turned on as as Mr. Wang said as soon as the compressed air in the bus is in place which takes one to two minutes the bus goes inside. >> There is a regeneration progress that process that happens occasionally with diesel engines nowadays especially
uh from the late 2015 and up. Um is what happens if the bus goes into regeneration? What we do? be a half an hour. >> Why don't you come up so we can >> hear your microphone? >> Uh, you know, he remains.
>> So, Mr. Wayne was >> just one moment. Is it was placed under oath? I remind you that you continue to be under oath. He is a representative of the operator >> if you would. >> So, I just answered the the regeneration question. So for the for now the bus we
uh the regeneration always doing on it running on the highway. So right now uh after 20 uh I think after 2015 the be before 2015 when the degeneration need to do the park region that's why you say you need to take 30 minutes do the
regeneration but right now we all use the deaf technique so it do the gener regeneration by itself on the highway when the bus is running. Yeah. >> Mhm. >> All of your buses are up. >> Yeah. Yeah. >> Thank you. Thank you.
Any other members have questions? Question to open up to the public. >> Thank you. >> Second. All in favor? >> Anybody from the public like to speak? Please take state your name and address. >> Good evening.
>> Bob Duffy, 111 Merit Avenue. Uh I want to tell the uh I want to apologize to the chairman for my outspeak at the last meeting. Uh when I spoke
after the closing of the public portion I want to apologize for that. Uh as Mr. Cornell says I'm very passionate when I come up here. So >> aren't we all? >> Forgive Mr.
All right. Thank you. I have a lot of questions uh to the applicant. Is that Am I allowed to do that? >> They've added new testimony so you can ask questions. >> Want to give that to Wayne? >> Yeah. >> You want to Mr. Wang? >> Yeah. I want to ask
>> Mr. Wayne hasn't testified further this evening other than on the generation point. >> I just >> I thought you had questions on the changes. >> No, no, I'm asking questions on the applicant. You didn't ask questions of the testimony that was placed before the board this evening. >> Correct.
>> I I didn't I >> So basically, uh questions you can ask relate to what was put on the record this evening. >> I can't ask more questions. >> It's not being cross-examined. That was
his examination took place at the last. >> It's up to Okay. the applicant if they want to make themselves available or not on answering questions. Um, but you are able to ask questions about uh the
everything that was testified to today and um also you you have the opportunity to make you know uh closing. >> Okay. >> Uh I wanted to ask uh Mr. Wang
uh the CME report that he received or his attorney received when he was in the process of buying the property and you all have a copy. It was into evidence last meeting. Uh why he didn't take care
of this list from CME and to this day isn't taken care of. Yeah, but you can choose to respond or not respond to that. >> He doesn't have to respond to that. Okay. Okay.
I also have a an email from the director of code enforcement and construction. Uh Mr. P stated he got a letter from that
office given their approval to put a storage trailer on the property. I would like to enter this into evidence. >> What's the uh the date of letter and the sender and the recipient? >> I am writing in response to your
telephone inquiry regarding the above property. I spoke with the burough zoning officer an Andrew Madesca about the instance of the shed permit. He never received an application or
given permission to the installation of the trailer shed. I will have him investigate this situation and respond accordingly. >> Right. >> So I'm just >> copy that for the board. >> Okay. Just want to note for the record
that will be exhibit 03. >> Um and Beth if you could >> Yep. Um uh the email is from Kirk Mick. Um K M excuse me K I R K. Mick is M as in Mary I I C K. He is the director of
code enforcement. And this email was re uh sent on Thursday, September 11th, 2025 at 4:10 p.m. sent to you, Mr. >> Okay, >> that's correct. >> I want to interrupt Mr. Duffy, but I do
have the letter from Mr. Michly states that he's allowed to have storage. >> We have dueling letters. >> Okay. The other the other thing I wanted to bring to the attention of uh the
board that I gave pictures of the buses on site and stuff and also washing of the buses. Uh
it was 43 I from the last meeting to today is 43 days. I went to that site every day periodically different times
and they violated that oath that Ken Pap said only one bus on that property was allowed. They violated it 32 times. What I'm trying to
portray to the committee is that once you give them the okay to do what they want to do, where's no enforcement to hold them to that?
They'll say and do anything to get in there and once they get in there then they do what they want. We had that problem with the pri prior owner
and there was three people on the board that wasn't here when we were up here with that owner and it took us four years to get him a judge to shut him down.
That's how bad he violated it. Now we got to go through this again. If they were trustworthy, I would be up here fighting for them. I don't think they're trustworthy. From last meeting to this meeting, 32
times they violated it. Some days there was four buses, another day there was three buses, another day they're washing two buses. And I pick up the phone and I call. If I did, by the time they police come there,
whoever comes there, they're not doing it. And all of this application and all of this uh uh tootin whatever the engineers,
not one word of the EPA. This isn't an auto shop. This is a bus repair shop. There are EPA laws and regulations that they didn't even address here.
That alone, you should knock this application down. like they're required from the state is the purview of this. >> Yeah, but if you're giving them the okay, if you're giving them the okay to do what they want to do,
I got to go after the state to go after them. They should be That's why I wanted to ask Mr. Lang some questions. He's in business. He knows the regulations. He has other property. He has other property where he's keeping
buses. And where where is somebody gonna be at three o'clock in the morning when he's dumping the bathrooms into the sewer? I got to sit there and watch 24 hours. It's not fair to me. I'm I'm a resident here.
>> Would require them to have all necessary permits. So they need a permit permit that would be a requirement to obtain a certificate of options without those required approvals. The same way they need approval for soil erosion the same
way they need middle section county approval if they don't have those approvals they don't get a certificate of occupancy without a certificate of occupancy if they're operating on the property you call the zoning officer because notice the violation. the same is true where you're concerned about um granting
the approval and then them doing whatever they want. We'll have a res if the board were to grant the approval, we'll have a resolution of approval and we'll have approved site notes. If at any point they're deviating from those approval, the zoning officer can be called and issued them a notice of
violation. If they continue to do it, they can be issued a stop work order. They could no longer be able to >> if I just said that we went through it for four years. Four years I went to court after court
after court after court. 18 months in the municipality court. Okay. They try to make all sorts of deals. They couldn't make it. Finally, I got the council
to hire an attorney and go after him in superior court. And after eight times in front of the same judge, the judge says, "I'm done with you. I'm shutting you down.
I I I I get what you But it's not fair to the residents to be sitting there watching all the time. Just say no." Just like when Burlu was in front here and I kept saying, "We're going to court Thursday. He's going to shut him down.
don't give any approvals and they withdrew their application and then the judge handed them down, shut them down. I'm I'm just trying to explain to the three new people on the board that wasn't here during all of that.
>> More arrogant, a little more I mean, he broke the law and he didn't care. >> These people came here the first time, you know, I'd like to and say about the 32 times that you witnessed
between now and the last time we met. That question to me is important. But when we look at this, they did everything that you asked us. What happened here 10 months ago, a year
ago, when they said they would take care of this knowing that they would take care of this, it's 10 months they didn't do it. 32 times they violated it. And then in the 8 months or
7 months while they were there before they had an application here, it was a mess over there. Pollution is pollution. You put a bus 100 ft, 135 ft, and these
aren't new buses. Like the gentleman said, there's a lot of stuff with these old buses, and there's nothing. And there, all right, they went from 10 to six. Now, I want you to picture this. I don't know where you live, okay?
Wherever you live, look down the street. not your neighbor, your second neighbor, and see a bus there sitting there idling for hours. One bus.
Just picture that in your bra in your in your mind. And your grandchildren are there and your kids are there. What is that? One bus 135 ft away where you live.
This is they want to put six now where we live. I understand they're trying to do everything they possibly can for us. The landscaping great idea. I don't want landscaping. I want privacy. I want those big tall
trees full. They want to come in and trim what's there. Right now we could see right through. In the time from the last meeting to this meeting, they put eight more flood lights on the building.
Well, if you ain't working at night, what do you need flood lights for? Thank you listening to me. I hope I didn't offend anybody. Thank you. Anybody >> else like to speak from the public?
Uh, Jeffrey Short, 116 Merit Avenue. Here we go again. Um, I brought some pictures cuz pictures say a thousand words. I actually brought some pictures from the last time so they understand what they're up against because just nobody wants to believe
about these asphalt grindings. All right. So, we're g I'll show you the pictures. We'll talk about them. Any questions you have, I'll answer. >> Thank you. >> Yeah, I need help. This is mine.
If we start with the pictures on the left hand side of the folder. >> Give us one second. >> Yes. >> Gonna have to mark this in. >> Sure. I'll share. >> Sure. Thank you. You're welcome. So, if you could just uh identify it
looks like there's two different packages. >> These p the pictures that I'm starting with on the left. Um those are pictures from what's happened previously so we can explain to everybody what's going on again.
>> And you took those photos. Um these f well some the first two or three might have been um Google shots. >> Okay. >> Cuz I don't have a helicopter like they asked me last time. Um the first picture. Huh.
>> Yeah. That's when I moved into the house. The first picture. That's what the site looked like. As you can see, my house is on the left. You can't I can't see that circle from my house when I moved into that lot. You
can see the trees are all alive. You can see that it hasn't been decades for that site. That was I think 2017. So >> taken what year? >> I believe that was 217.
>> There is a date on one of the on the Google one. Yes, the third one. The second picture is when Berloo first moved in. You can see the vegetation that died around the circle. Now we can see my
house. You can see him building a road up along that side. The third picture is just another Google picture because it's dated so you know when it was taken. But that's also Berloo when he really
first started up on the right hand side. Hasn't done much work up by the road. The next picture is when they put the drainage system in. You can see the drainage system how it's built and you can see the gravel stone
that was put over it. The next picture is after the drainage system is done when he starts bringing in tandem loads of asphalt grindings. I stopped counting at 50.
The next picture shows all the asphalt grindings throughout that area in front of the drainage system. The picture after that, you'll see the little orange rollers at the top there. are hard to see, but he compacted all
that fast forward grinding. Last meeting, we said we had a soil sample done. Well, evidently they didn't do it in the right spot. The next picture is the road alongside my house. That's asphalt grindings. Hasn't been
removed yet. Still there. That's the hill, the circle down that road that he decided to excavate around so he could make it bigger. What he did to kill the vegetation was he done ro road salt on it. And as you can see, the
trees are dead there around that circle. And from the first picture, they were fully alive. After he did that, he continued building the road. And you can see the amount of asphalt that's there. That's grindings. I don't know if they know how much
grindings they have to remove to make this work, but in that paper that Mr. Duffy showed you, the property owner when he bought that property was told the stipulation to build there or do what he wants to do how to take care of this problem. So whether you pass it or not, that
property owner is supposed to take care of this. That was part of the purchase deal. The next picture is contaminated soil that killed all those pine trees at the top of that road alongside my house.
Okay, it's been removed now, but all the trees are dead. There's not a branch on any of them because the degrade was changed. This is the water that ran through my backyard. I had to build a burm there out of the stone to force the water away from my
house. The next picture is the water that flowed to my house. The grade has to be fixed. And the last picture is the amount of water that flushed through from their property and my property.
That was what I contended with that a lot of people here didn't know about. The other group of pictures on the opposite side is me driving around when I could. The first picture,
it's dated August 4th. You can see the man powerashing the engine compartment of that bus. The next picture is another bus with all the compartments open. That's also dated on the 6th. It's very hard to see. I don't know
which picture shows it the best, but alongside that building, if you look close, there is a white 2-in PVC pipe that leaves the building and it does run over to the sanitary sore. Uh the next picture is also the guy
power washing. Uh this picture here is showing a bus that they say they didn't have any buses there. The next picture is another bus next to their storage shed.
That's on August 8th. They don't have time to remove the asphalt, but they had time to build the garden. Go figure. August 16th, Saturday. We don't work on Saturdays. That's at 6:53 p.m. I came home that Saturday from down the shore.
You can see the garage doors are open. The next picture is more than one bus 827. That's another picture on 827 of the buses. 92 cleaning the bus. Same area where the
water washes down to the sanitary sore. This is also 92 I believe. One, two, three, four buses. How many buses were they allowed when they left the last meeting? Anybody remember? One. So, who's lying
here? Me or them? Pictures are a thousand words. Uh, actually there's two more pictures. They also show the buses. And yeah, these are extra pictures that I
had. The last item I did print out is about EPA requirements. I don't have time to look this stuff up. It's not my job, but somebody's got to look it up and adhere to it. You're
saying it's not this board. I get it. But unless they they shouldn't be granted any of this unless they have this stuff covered. How can they be in business and not have this covered and not bring it here and show it to you? If I was looking for
this, I would have brought mine. So, I mean, I don't know much how much more I can show you, but if you have any questions, feel free to ask them. For the record, uh we're marking uh the pre August 2025 pictures
as 04, the post August 1st 2025 pictures as 05. >> Okay. >> And the uh EPA requirement list as 06. >> All right. I didn't have time to get anything on the uh >> there. We have any questions?
Okay, thanks. Good evening. Paula Duffy, 111 Merit Avenue. They saved the best for last. By the way, you and I have been leading this applicant by the hand
through this lengthy drawn out process. They reconvened three times to try to make things right and it has not happened. Why has it not happened? because this property is not
suitable for their purposes. They will say anything to get the approval. Who's you must we must it is your responsibility as board members for the betterment and the protection of the
people of Sville who live here that you deny this application because if this applicant does not have you to answer to he will continue to do what he's been doing for the last 10 months which is doing
business his way with no regard for the neighbors for the environment or for the laws of our town. Thank you. >> Anybody else like to speak? Anybody else from the public like to
speak? Last time. Anybody else from the public like to speak? If not, I'll take a motion to close the public. >> All in favor? I Chairman, can I ask Mr. Paper a question before he closes? >> I, if I may, I'm going to ask I want to
respond to some of their comments and then ask for a fivem minute recess before I begin a closing. Is that acceptable? Yeah, >> thank you.
So, there was a time that I was hired and it was similar to the time that the clients purchased the property and the CME letter was issued and our office was hired and the professional engineers were hired and we began working with
them on preparing an application to bring before this board. We did not respond directly point by point to CME, but we were mindful of the CME's recommendations and we began the process that bringing an application before you.
In January of 2025, I had meetings with I had multiple meetings with Mr. Mashansky. And on January 6th, I wrote to Mr. Mishansky and I asked for permission for our clients to do certain activities. I'll give you the whole letter, but I'll read
the important part. I asked for permission to have a container in the back of the property for parts and tools for the building renovation. That was point B. There are four points. Mr. Mashansk's response was
okay. On points A, B, C, and D, Mr. Mr. Machansy in writing on January 7th gave our clients permission to have the storage shed in the back of the property. Here's the thread. You begin with the back page. Obviously, at the very very
bottom of the page, you can almost miss it. Is Mr. Mashansky giving us that permission. >> Mark, that is what do we have? >> Ah, six. No. >> So, we did not ignore CME's guidance. CME was no longer the board's
engineer shortly thereafter and that's when we began working with with Mr. Wilder with quite a list >> A7 not A6 >> yes exhibit A7 >> quite a list of the sins of those who were there before us. I'm sure that our
neighbors know those sins even better than we do. But those are not the sins of this client. the installation of millings. We don't state, we have not stated that there are no millings. We stated we didn't find any millings and
we stated that we would excavate all areas where the millings are going to be where the landscape materials are. And we offered I pointed out we know that we have an obligation to bond all that landscape material.
We did not clear all of the areas that our the prior property owner did. We're looking to restore them. We didn't create the driveway. We're looking to remove it. We didn't regrade the property into our neighbors. We are looking to reverse that with a drainage system that we've submitted to your
engineer for review. All of those activity, all those egregious activities that preceded our clients are not the what we're asking this board to approve. We're asking this board to approve a plan that has all of those corrections
and has all of these improvements in it. If I might, Mr. Chair, this is where unless there's further questions of me or the applicant on those points, I would ask if I could have a fivem minute recess before doing a closing.
back on the record. Mr. Chair, I neglected to make one point. The the uh AI generated document that Mr. Shotti shared with you states the EPA doesn't say they're EPA regulations. It says
that the applicant is responsible for being inconsistent with state and local requirements. We since the last meeting we explored what they are. The only requirement that we were able to identify and certainly welcome to be
charged with looking for others, but the only one we could find was that all of the materials that were generated had to be removed by a licensed hauler and that so we entered into the contract. The EPA guidance doesn't speate that there are
EPA requirements. It states that the state and local requirements must be adhered to. Local is through the health department. State is through the >> D. >> Mr. Peep, I don't have that document in my file. >> I think I have an extra copy. >> Okay, great. >> I hope I do.
>> If not, you can email it to me tomorrow. >> A um >> Thank you very much. on Q >> A8. >> Yeah. >> What is that? A >> and this is a recycling service guarantee from Lorco Lo
Petroleum Services dated 911 2025 for Tina and Auto Service. These are the people that we've hired. I asked their clients to explain bus movement on the property. What he has told me is that there's one bus that was
brought there by a tow truck and dropped there. That was not with his authorization. It happened. It's it's a truck that it's a bus that has to be hauled away. And he also told me that buses that are owned by him, his bus drivers did on a number of occasions stop at the site and they were directed
to remove their buses from the site. There was no maintenance that was done. Wish that it hadn't happened. Wish. But the the commitment that you have from your client, from your applicant is to abide by the commitments that he's made. The suggestions made by members of the
public reading into his mind and attributing to him wrongdoing or attributing to him bad behavior shouldn't be before the board. >> What about what about the washing of the trucks outside >> there? The washing of the washing the
last time a vehicle was washed was before we were here before you, Mr. Chair. >> That's not what the pictures show us on the >> I the pictures that were shown were a series of pictures from August 4th to August 6th and I believe that's where you have your picture of the bus being washed.
>> I got more pictures. >> Hopefully what you have is what's before the board. >> We'll come back again. >> The picture that was shown to the board shows a bus being washed either on August 4th or August 6th. He hasn't done any any washing. Was there any topic of
storage? >> Mr. Chair, I'm Mr. Wang, the question that is posed, reminding you under oath, question is posed that you since we were here on August 6th, there has been no bus washing and no disposal of any
materials in the drainage system. >> Mr. Orange pipe that's on the property >> pipe that's on the property storage. No. >> Up near the bank. What's that use? >> Why is it Why is it there?
>> Do you know what we're talking about? >> I know what he's talking about. I don't know the use of it. I I observed it on site. I don't know the >> Is it Does it daylight up into the air? >> There is. >> Please show us on the plan.
>> It was not picked up on our survey. Right at the corner, I believe is what you're talking about. uh towards about here on the property between being the garage and the uh storage building. There is a there are two manifolds
uh that are near the sanitary sewer ement. It was not picked up by our survey and I observed it on site on Monday when I was there and I reached out to our wastewater engineers to ask if they knew the use. Why? It's an odd
placement of a manhole in a shallow pipe. And I reached out to our wastewater engineer have not heard that. >> Wish I had the answer for you, Mr. Chair. >> Supposed use of it. >> But we don't know what it's used for and why it's there.
>> We do not. We can further explore. We know that we didn't put it there. So, yeah. >> Not using it either. >> No, Mr. Chair. Anybody else have any other question? Go ahead.
>> M Mr. Chair, one question. This CME letter that we've been talking about, will all the issues in that letter be resolved if we grant this application? >> I believe Mr. Mueller, that has been our goal. There was a list of the that the CME letter pointed out all of the things
that were wrong with the site, all the things that had to be corrected. We chose to do that by bringing a formal application before this board. So I do believe that everything that is required will be >> we have confirmation on that.
>> I mean as a condition they can be required to u uh comply with all the >> sure recommendations requirements in the CNA report. If I'm provided that it's not in conflict with the guidance of
your current engineer, it is your applicant's intention to be a good citizen. They purchase the property for a specific purpose. The purpose is a permitted use. Everything that they've offered to you is intended
to bring this property into conformance with the requirements and away from the violations. We are in a zone where this is expressly permitted and we're sitting there on Highway 35 in an industrial zone. Respectfully, we ask that the
board consider the relief favorably. I thank you. I just had one question on property. >> As Mr. Wang told me, there was one time when a tow truck brought a bus onto the property and dropped it. And the others
were buses that are he owns where drivers stopped at the site and they were told to leave the site. >> That's the one bus that's there. It's not the bus. >> That bus has been there the whole month.
>> Mr. Mashinsky's letter allowed us one bus. >> That counted four buses at a time. So, you're telling me all they all came at the same time on the property? >> Buses were on the road, came to the site, they were directed away. No bus
repairs were taking place. >> So, with the requirements from the CME later, when when do you plan on having those done by? If the board grants the site plan approval as requested, the conditions will be that all of these improvement the plans have to be um go
through resolution compliance with your engineer and all of the requirements of those letters have to be installed on the site >> by when >> prior to a CO being issued, >> which is how it works. >> Okay.
extensions but I think they're too it's not normal that when the violated condition on property stuff has to occur and the property hand before for seeking for their use as well
violations their indication is that they'll address those deficiencies when they're doing the other shaded enterp you investigating a site in the village area. >> Mr. Chairman, um, and perhaps this is
more >> Yeah, sorry. Perhaps this is more comment than than question, but certainly Mr. Pebb, if you want to answer, um, I I look at the dates. Um, and certainly if if your if the
applicant was trying to be persuasive in trying to assuage concerns by the board, I'm not sure why there would be three or four instances on different days where there would be multiple buses on site. I would think that it would been pretty
clear to employees at least on one occasion and that it wouldn't happen again. and and I'm looking at 88 825 and there's certainly a bus there that's completely in disrepair. I'm not sure if that's the one we're talking about, but it's a blue bus. It looks much odder than the other buses that are that are
there. The other issue and question and concern I have is I I'm not persuaded by the argument for storm water management, but that we have a camera to ensure that the drainage isn't stuffed up as a condition of any approval. I I think
from my perspective, I'd be much more persuaded if in fact that inspection took place prior to uh and I don't know if there's any thought about that from the applicant or not. >> The commitment was that the full system would be inspected and that the results
would be provided to your engineer and if vacuuming was required it would be done or replacement of pipe it would be done. You're telling me after all these amenities are done in that corner that there's going to be leaving your side of
the property into other >> that's the requirement that we have to meet. I'm going to ask our design engineer to confirm that that's the design that she's presented to this board and your engineer for review.
The question is, is your design going to capture all of the storm water from our site and make certain that it does not travel to the Merit Avenue residential properties? >> Can you hear me if I just speak loudly? >> Okay.
the site as designed. We have graded in the area adjacent to the properties on Merit Avenue. I sent a document to your engineer that the area
over here historically trained towards the commercial building over here. So, we did not want to add water to this system. This was how this system was designed with the 2001
approval. This system was not designed by us. But we are just ensuring that the area that was designed to go towards it, which is the area that would drain towards these properties. The area over here drains towards the commercial property over here as it was designed
and approved on the 2020. >> Straightforward. No storm water from our client's property will enter the Merit Avenue residential properties. >> Correct. >> Your design addresses that requirement.
Your engineer can share his perspective. I think I do agree that proposing where they're creating a swale along where that illegal road is built out to the 35 that swale direct water off into the other system that exists
portion of that little display then closer to 35 will continue to drain towards the existing commercial. A lot of like a lot of the problems that are being experienced by the neighbor are stemming from the fire. >> That's it.
>> That's it. Mr. Chair, >> thank you very much. >> I see that you have a full board this evening and some of the board members in attendance weren't here in August. if we could just go through that procedure. Counselor,
>> who was not here in the August meeting? >> The August 6th meeting? >> Yeah, I was not here. >> Debbie, I'm Debbie, I'm sorry. Judy was not here and Warren. >> Were either of you able to watch video or listen to or read the transcript of
that meeting prior to tonight? >> I read the transcript. >> We'll get them to sign up. >> Yeah. So you're not eligible to vote on this and you are. >> Thank you. I appreciate that courtesy.
>> You've heard your uh professionals. What's your pleasure to deny or accept? Motion denied. Have a second. >> Second.
Okay. Do a roll call. One second. >> You don't have to give a reason, but it's good to do. I just feel bad. They're not supposed to. That's my major concern.
>> Okay. So, I have a uh first and a second. So, we're going to Mr. Candell. Yes to deny. >> Okay. >> Miss Lman, >> yes to deny. >> Mr. Muller.
>> Yes. on again for the similar reasons regarding credibility of the applicant uh the issues with the groundwater and what I believe to be unsatisfied conditions in the CME letter that were conditions of approval of the property.
>> Mr. uh Miss Sataka >> yes deny >> Mr. Williams. >> Yes. >> Yep. You gave your comment. Councilman Zabrowski. >> Yeah. Yes. I >> And Chairman Tai, >> yes.
Witnessing the EPA. >> This application has been denied. >> Mr. Chairman, board members, thank you all for your deliberations and good night. Thank you, Mr. P. Uh, next on the agenda is old business,
new business, administrative matters. Our next meeting will be held on October 1st. We can open to the public. >> Can I get a motion? >> Open to the public. >> Second. >> All in favor? >> Any oppos? >> Anybody from the public to speak?
Anybody from the public like to speak >> on matters not agenda >> relating to the last >> application? Anybody else like to speak? >> Motion to close. >> Second. >> All in favor? >> I
>> take a motion to adjurnn. >> All in favor? >> I >> have a good evening everybody. Thank you.