Okay. Um this is the May 21st, 2025 planning board meetings called to order. This advisor notice, time, date, location, and the extent known agenda of subject meeting was prominently posted in the
public place reserve for such a similar announcements on May the 20 21st, 2025. Transmitted to the Times, Princent Packet, West Windsor and Plainsboro News on May 13, 2025. File Township Clerk May 13, 2025.
Trish, please call the role. Yes. Mr. Mr. G. Yes. Councilman. Yes. Here we have a quorum. Thank you. Okay. Um, no comments for me. Uh,
anybody from the public wish to uh come up to the microphone for any public comments? Please come up. State your name and address for the record. Non-aggenda, non-pending items, don't all rush up to
microphone. Okay, I don't see anybody coming up to microphone. Thank you. Um, and environmental report. Yeah. We had everything on quite a few things were
discussed. One of the most important is sustainable justification and last time we submitted this application 2022 we were we got the certification as a silver certification. We are trying for the
same in 2025. Then demons Milski is helping EC now uh as a consultant for this sustainable journey uh certification is very definitely
possible. Uh second application is submitted 560 last Friday with 3390 points whereas required points are 350.
Expect to receive comments from this second submission by mid June. Third round submission will be final one will be due by 7:31. The required points are
415. We are expecting a regional 440 to 50 points that will take us to 430 to 440 more than 450 and the comments of the third round are expected in midepptember.
Uh another thing I think EC doors complete agree state policy resolution prepared by Francis I have draft copy uh with France already going to submit to the council. The draft resolution was updated from
the green state policy of 2010 2010 based on the sustainable model and I have a copy here uh what graph is going to submit it. We discussed many gas power leaf
blowers I mean that we have been under for last meetings to due noise condition this could be a signal ban and or night ban as required Christian township has similar ban I don't know
what the details are EC is going to submit all the information for for and against the gas powered versus an active power growers to the township council for their review. So that's all I have to say. Any
questions? So um gas powered leaf blowers. Yes. Is all day or just night and morning? It's under discussion. It's not finalized yet. It could be all night
only or so. It's just we are we are just talking. We we have um we have don't we have ordinances regarding making noise after certain hours? Certain I know I know a town or at least a
community within a town they've just banned them outright and required that if anybody wants to use a leaf bowler it has to be electric. That's ridiculous. Yeah. Normally I buy the battery charge nowadays. battery charging and I think what we discussed most I
think more than 50% long people they they hire uh the lawn service guys and and they will have if they want more expensive then they have battery powered so the battery goes down they should have another battery if that goes down they
have to charge somewhere else just all if pro and cons okay I mean most of the complaints are somebody's contractor starting on Saturday morning. Yeah. Yeah. That's that's my next door neighbor. Yeah. It's been doing two-year renovation.
Anyway, it's under discussion. Okay. Finalize. So, so they're going to put it in place and everybody immediately has to, you know, homeowners all have to go out and get a battery operated leaf blower. This is your mic. If they I'm blowing mine. Makes sense for someone's
blowing them, but it's not me. Um Okay. Thank you. [Music] Um, okay. Any any questions? Um, no. Okay. Uh, minutes from May 7th. Any uh
amendments, changes? Very thorough. Very thorough meeting minutes. Thank you. Anybody changes, amendments, thoughts, content seems
good. Okay, I'll entertain a motion to approve the meeting minutes from May 7th, 2025. Move May 17. May 7th. May 7th. I hear a second. Second. Second by Rob.
Uh all in favor say I. I. So everybody in everybody present is uh an I. Okay. Thank you. Okay. Next up is a request for extension of approval PB21-10 Carne Center West
Corman Suites. Good evening, Mr. Chairman. Uh members of the planning board, thank you for entertaining our request this evening. Uh as Mr. Chairman mentioned, this is uh PB21-10 Carnegie Center West block 17,
lot 12.01, 12.0, I'm sorry, 12.0. 1061 12062 as subdivided. Although uh unfortunately because the project uh didn't previously go forward, our contract purchaser um ultimately did not close. Um we're presently in litigation. It's one of the
reasons why we're asking to extend recording this. Could you introduce yourself? My apologies. uh Gregory Richardy from Boston Properties BXP on behalf of the original applicant which was BXP Carnegie Owner LLC or Boston Properties Limited Partnership. And Greg, you know,
usually I don't swear in witnesses. I don't swear in attorneys, but since you're going to be obviously making the presentation and providing whatever facts you want the board to consider, I'm going to swear you in. So, if you could raise your right hand, do you swear or affirm that testimony you're about to give will be the truth? I do.
So, sworn are affirmed. Thank you. Um, so, uh, obviously we appeared before this board, uh, presented an application for a corporate suites project at Carnegie Center West. Um, we still think that that project, um, has significant
potential if ultimately either BXP or we partner with somebody else to, uh, bring it to fruition. Um, you know, it's something that we spent a considerable amount of time, effort, energy, and certainly the board's time and energy uh presenting on uh but unfortunately as
the litigation continues ultimately over the deposit at this point. Um we haven't yet found uh the right opportunity to you know fully realize that vision. the other uh approvals uh in connection with the project either the DP wetlands
treatment works approval, DOT approvals, um Mercer County soils, Delmer Ritar and Canal Commission and the county planning board all remain in place. Their vesting periods are a little bit longer than uh the traditional site plan approval that we obtained here from the planning
board. And so our request this evening is that albeit technically the uh approval the site plan approval has expired uh as of July of 2024, we're requesting a 2-year extension which is within the authority of the board to grant at this time that would extend uh
the existing site plan approval to uh July of 2026. Yeah. What it technically does is it's it extends a protection period from zoning changes for whatever that period is. If the zoning is not changed, the the approvals would still be good. But
obviously, as a matter of caution, many applicants come in, they're afraid something will come out in left field and there'll be a change in the zoning. So, they come in for an extension, which is perfectly appropriate. Is there any reason to think that there may
be zoning changes in this area? Um, sure. And you want to be able to show that this has move along, you know, wants to move forward. So they don't zoning the best zoning
expire. this matter shows that still apply. Okay, that makes sense to me. Yeah. Now, usually it's you can get for with final three one-year extensions. Um if if it's a a project of a certain size though, it
could be um more than actually it's a one year two one-year extensions. Um you can get greater extensions and this is of that size. So, it's entitled to a more significant extension. Okay. He's asking for a two-year
extension retroactive back to um was it 24? That's correct. Okay. So, after this at 26, this expires there's what one more extension that could be requested. Well, the board can grant lo extensions
because of the size of the project. Okay. And related variables. Okay. So they they probably they they'd be entitled to come in again after that. That's correct. It's actually one of the key pieces of the litigation, believe it
or not. of uh I wish I had a more thorough answer than uh we didn't think about it because honestly we were heavily invested in in the litigation itself and we were exploring kind of what to do with it and
then we ultimately realized that it was in July of 24 that the uh the initial approval had expired from the protection. Now, to some extent, um, we were not thoughtful to the effect that there might be a zone change. We didn't
necessarily anticipate that there would be the Carnegie Center zoning and the ROM one and ROM two for West and East as it is has existed for a very long time. But with that said, things do happen, things change. And so, we recognize that while there's still this opportunity,
would be good to come to the board and make this request. Sure. Just a question. still. Yeah. Right. You you don't you don't anticipate I know you're going through litigation and it's hard for you to say,
but you don't anticipate any major changes, you know, to this existing plan. In other words, sometime before 2026, the litigation gets resolved and you say, "You know what? I'd like that plan, but unfortunately, I have to
change it drastically." Uh, it's a very fair question, uh, Chairman Garp, I I think that realistically speaking, uh, at a minimum, we would change the name. It's certainly not to be Corman Speeds. um we would obviously come in on an amended uh preliminary and final site
plan at that time and the board would have the opportunity to address any additional comments that we need. So the the extension would apply specifically to the approval as it exists within the uh approved resolution with all of its attenuated conditions and requirements.
Um, if I were to speak candidly, I think the only real consideration I could see was whether we would ask the board to shift um, it further north or further south on site if there was some other development that we needed to accommodate at Carnegie Center West. Um,
the nature of the use, the um, bedroom mix, the design, all of those elements we believe are exceptional and would do very very well. Um, so those are not things that I would anticipate we would change, but maybe
specifically where on that 50 acre site, I could see that potentially being modified if we were to consider it and we would come back to the board. Mhm. Jeremy, question. How if they were to come
back, what how many like new things or changes would then render this approval like you know moved and have to be substantially like reapplication or whatever. I know people they come back
and they do I want to amend my final site plan to the a little bit of this a little bit of that but like what would entail like some major change we say you know what this this is not good anymore what would have have to happen well it has to be a substantial change to the
entire in terms of the entire uh project but um if they come back in and there are changes no matter how substantial and that's approved that's good but at the same time the board would always be well advised to put in the record that
the approval which has now been changed is not is no longer valid. So it's up to the board to decide like this is substantially changing the the you know the footprint the the overall view of the project and therefore hey you know
we we can't approve it as as you're amending it. Something like that or Well, you'd be able to you'd be able to approve it as you're amending it. Um yeah. Okay. Changes right everything else. Exactly. Yeah. Got it. Okay. Okay. So,
how does one discern a major change versus a minor change? It's okay because I my thinking right now and correct me if I'm wrong is that if there's any change to the uh the site
plan, the form of the building, the program of the building, that would require a review. Well, I'll give you an example. the restaurant that's part of the hotel going in next to that's part of the
event development there. If you remember, they the the board gave a preliminary cycle for the restaurant. They now have a restaurant wants to come in through TRC. They're going to be coming back. The changes they made because they
have a restaurant name coming out were determined to be minor. So, it didn't affect their preliminary just telling they were a viable site. And will that come to us? Okay. I'm guessing they're adding if they add a building it's changing um you know the
flood pl you know the flood design and um water runoff and something like that you know which would be a site plan change. Yeah that would be a site plan change. Yeah. Well a good example too is is Bear Creek recently came in with an amendment but but basically the program
was still in place and and was really kind of some adjustments to to the plan. Uh, and the board thought and it it amended it approved it as an amended approval rather than saying no, you have to come back with a new plan. Chick-fil-A and Wawa. Right. Right.
Right. That's that's a good example where the the change didn't really affect the overall site, but just where the how like the rideway and driveways and stuff like that. Okay. Remember?
Yes. Right. Right. The form of the building, the all the entry and exit as well as the the site the site. I didn't want them sharing sharing their parking. Yeah. Sorry, Rob.
And that was so they came back. the extent you feel comfortable the same or you want to share the support has the market changed considerably and might that be one of the reasons why this contract still walk
away uh actually um that's a very fair question Mr. I I don't think so. I actually believe this remains a robust market for this particular use. Um, in fairness to uh that contract purchaser, um, you know,
if I were to try to distill uh what I thought the bases were for, um, the, you know, the the collapse, if you will, of of the contract where uh, we thought that under the plain terms of the the purchase of sale agreement that
they were supposed to close on X date, they wanted to wait until the resolution compliance process had been completed with the township. We thought that that would have due burden on us given the express language of the contract. There was a disagreement about it and it led
to the breakdown of the transaction. Um there had been some conversations about potentially reviving it, but I think there's some sour feelings on uh all sides and that's why we have a you know port system to resolve those things.
um it is to some extent a bit of a niche use. Um and so finding a uh collateral partner to uh work with to bring this to fruition is something that has taken time. Um we don't think it's an impossibility. It's one of the reasons
why we're here tonight requesting this extension. Um but we do think it is a viable use and that the market does in fact support it. [Music] Any further questions? Okay. Um, thank you. I'm going to open
it to the public if they want to step up to the microphone comments on this application and extension. Okay. Seeing none, um, any any other questions? I'll entertain a motion to approve the
request for extension of approval PB21-10 at Carnegie Center to West Corman Suites. Moved by Annis. Second. Second second by Rob. Uh, please call the role.
Mr. Patel, yes. Mr. Lavo, yes. Mr. Bade, yes. Mayor Marte, yes. Vice Chairman Hobberman. Yes. Chairman K. Yes. Granted. Good luck. Thank you. Thank you very
much. Have a good evening. You too. Take care, Greg. Uh, want to obtain a motion to close the public hearing. meeting June 4th, but um I will not be available. I will not be available.
Michael, I can do that. You'll be good. Okay. Curtis will fill in for me. Send you sending the plan on June 6. Yeah, you'll be getting the plan uh like worthy involve sending an
electronic copy of the plan and dependencies and then I will provide you with a hard copy of just the planes or like literally 6 in sticky that it just has all the manuals all back information we
have on that the housing element itself document us what sites we came up for that number and the sites that chose into that. Okay. Um like I said unfortunately I will not be
available. I wish I was but I will not be here on that date. Okay if need be. So, we have Annis is not here. I'm not here. Rob's not here. There's three. Okay. Yeah. I think it would be
wise to try to do uh uh ascertain a quorum way before that meeting. Yep. Yeah. Right. Right. I know there's that deadline. What is that? Also have the dynamic of the council meeting immediately after. Okay.
It's not a trust me. It's not a vacation. I'd rather be here. I know. I No, that's why I'm saying can we ascertain that you have it before then. I I understand. I I would trust me, I would much rather
be here. As painful as that meeting will be, it'll be better than what I'm going to do. you all the expenses which you are going to incur. Okay. This your first seven check in next two three
days. So if we don't get we should have at least one extra person. Um, so Sam, beyond that, what's July? What's July look like? Right. But there's no applications in July at
this point. There may be. Okay. And then we also have Okay. Um entertain a motion to close the public hearing. Moved by the mayor, second by honest. All in favor say I. I. Meeting
adjourned. Thank you. I uh I had a goal to nick a plane tonight.