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[00:00:02]

THAT, OKAY? START OUR MEETING. IT'S SEVEN ISN'T IT IS 702. IT IS THE ZONING BOARD'S INTENTION TO CONCLUDE THIS MEETING NO LATER THAN 10 P.M. UNDER THE PROVISIONS OF THE OPEN PUBLIC MEETING ACT NOTICE OF THE TIME AND PLACE OF THIS MEETING HAS BEEN POSTED AND SENT TO THE

[I. ROLL CALL]

OFFICIALLY DESIGNATED NEWSPAPERS . YOU CAN TAKE THE ROLE, PLEASE. BLODGETT. ROSENTHAL HOBBY SKI SING MARK WOOD. YES HERE. HERE. WE. AND MATTER DRILL HERE, ELLIE. DORJEE. THANK YOU. MR WALMART, WOULD YOU LEAD US IN THIS SALUTE TO THE FLAG? TWO. ONE THING. JUSTICE. I TOLD YOU TO COME. FIRST ITEM ON OUR AGENDA IS PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA. SUBJECT TO THIS CRECION OF THE CHAIR. WE RESPECTFULLY ASK MEMBERS OF THE PUBLIC TO LIMIT THEIR COMMENTS AND OUR Q AND A TO FIVE MINUTES WHEN PROVIDING COMMENTS FOR ITEMS NOT ON THE AGENDA OR FOR AN APPLICATION, PLEASE STATE YOUR NAME AND SPELL THE LAST NAME FOR THE RECORD IF YOU PREFER NOT TO PROVIDE THE ADDRESS. PLEASE ADVICE. WHICH MUNICIPALITY YOU LIVE IN. IS THERE ANYONE IN THE PUBLIC THAT WOULD LIKE TO MAKE A COMMENT? SEEING NONE. UM I LIKE TO CLOSE PUBLIC COMMENT. IS IT JUST A JUST CLOSE IT CLOSE? IT CLOSED CLOSED NOW. THE NEXT ITEM ON THE

[IV. APPLICATION]

AGENDA IS A RESOLUTION CASE B A 02 TO THREE. THE APPLICANT IS THE BED INNSBRUCK CLUB BLACK 31001, LATS, 38 AND 39 THAT IS AT 240 ROLLING HILL ROAD. IT WAS A MINOR SITE PLAN AND USE VARIANCE TO ADD LIGHTING TO EXISTING TENNIS COURTS. DO I HAVE A MOTION TO MEMORIALIZE? SO MOVED A SECOND. THANK YOU. ROLL CALL. FRIENDS. YES. PARK AND WHAT THANK YOU. NEXT WE HAVE THE APPLICATION FOR TONIGHT. IT'S CASE B A 0218. THE APPLICANT IS MONTGOMERY FIRE COMPANY NUMBER ONE BLOCK 6001 LATS 1.01 AND 235 AND 45 BELLE MEADE GRIGGS TOWN ROAD. IT'S A MODIFICATION AND EXTENSION OF A SITE PLAN AND USE IN BULK VARIANTS APPROVAL. AFFIDAVIT OF NOTIFICATION AND PUBLICATION IS REQUIRED. UH PLEASE PROCEED WITH THE APPLICATION. YOU MICHAEL O'DONNELL BEHALF OF THE FIRE COMPANY. WE'VE ALREADY INTRODUCED A 02 18. WE'RE HERE TONIGHT JUST SIMPLY BECAUSE WE NEED TO HAVE A MODIFICATION OF RECYCLING. THAT WAS IN AN APPROVAL. THAT WAS GREAT ABOUT THIS BOARD SOMETIME AGO REGARDING THE SITE PLAN AND USES ON THAT PARTICULAR PROPERTY. I'M GOING TO HAVE A BILL SPAWN, WHO'S THE MEMBER OF THE FIRE COMPANY? WHO'S KIND OF IN CHARGE OF THIS PROJECT? ACTUALLY WALK YOU THROUGH AND SHOW YOU WHAT WE'RE PLANNING TO DO. AND WHY WE'RE HERE TONIGHT. JUST A QUICK YOU'RE NOT SEEKING TO MODIFY THE SITE PLAN. YOU'RE SEEKING TO MODIFY THE USE VARIANTS CORRECT. THAT'S CORRECT. OKAY LET'S GET WHO ELSE ANYONE ELSE BESIDES HIM GOING TO TESTIFY? WE MAY HAVE MR PLATO DEPENDS. WHY DON'T WE COME ON UP? WHY DON'T WE GET EVERYONE SWORN IN AND IF ANYONE WANTS TO TESTIFY, THEY'VE ALREADY BEEN SWORN IN, INCLUDING OUR FORD EXPERTS. SO CAN EVERYONE PLEASE RAISE THEIR RIGHT HAND AND DOES EVERYONE SWEAR OR AFFIRM THE TESTIMONY YOU'RE GOING TO GIVE IN THIS MATTER IS GOING TO BE THE TRUTH. THE WHOLE TRUTH. NOTHING BUT THE TRUTH? YES OKAY. AND CAN YOU INTRODUCE THEM FOR THE RECORD? YOU CAN INTRODUCE YOURSELF AND SPELL YOUR LAST NAME AND GIVE YOU A RELATIONSHIP TO THE APPLICANT OR THE BOARD AS THE CASE MAY BE GOOD AFTERNOON. MY NAME IS WILLIAM. I GO BY.

BILL SPAWN S LIKE SAM P LIKE PETER O H. N I'M, CHAIRMAN OF THE BOARD OF THE FIRE COMMISSIONERS AND A LIFE MEMBER OF THE FIRE COMPANY AND BEEN RESPONSIBLE FOR THIS PROJECT FOR, UH, FAR TOO LONG. THANK YOU. IDENTIFY YOURSELF. YES. MY NAME IS RICKY POLIO PEERS AND PETER U L E I O CAPTAIN AT STATION 45 AND THE TRAINING OFFICER. UM, THAT'S WHY I'M HERE TONIGHT. OKAY JAMES, RESPOND. HOLD ON. HOLD ON. HOLD ON. JAMES, CAN YOU IDENTIFY

[00:05:01]

YOURSELF? MANY WAS JAMES QUEVILLY, LICENSE PROFESSIONAL PLANNER IN THE STATE OF NEW JERSEY AND CERTIFIED BY SCP. THAT'S HARD. AND. OKAY? THANK YOU. MR MR SPUN. YOU ARE FAMILIAR WITH THE APPLICATION IN ITS ORIGINAL FORM AND IN THE APPLICATIONS, UH, THAT WE'RE PRESENTING HERE TONIGHT. IS THAT CORRECT? THAT'S CORRECT. IN FACT , YOU ARE INTIMATELY, UH, INTIMATE KNOWLEDGE AS TO THE REASONS WHY IT'S DEVELOPED HAS BEEN PLAYING THE WAY IT HAS. AND THAT, UH, IN THE SIGHT OF HAPPEN PRESENTED. LISTEN, WE'RE HAVING TROUBLE HEARING YOU EITHER.

GOTTA PULL THAT MIKE UP TO YOU OR STAND UP AT THE PODIUM. BECAUSE YOU'RE THE APPLICATION THAT THE EARLY APPLICATION HAD BEEN PROVIDED TO ZONING BOARD WAS PROVIDED INCLUDED A SITE POINT THAT WAS PREPARED BY A RIGID KENNEDY OF KENNEDY ASSOCIATES. YOU'RE FAMILIAR WITH THAT SITE PLAN AS WELL, CORRECT. YES YES, I AM. OK I JUST RIGHT. JUST MAYBE WALKED ABOARD THROUGH USING LITTLE POINTER HERE SO THAT THEY CAN ORIENT THEMSELVES AS TO WHAT? WHAT IS ON THE SITE NOW AND WHAT THE WHAT THE SITE PLAN SHOWS. SURE THING. SO AS YOU KNOW, THIS STARTED NUMBER OF YEARS AGO, THE THOUGHT WAS THERE WAS A NEED AT THAT TIME TO DEVELOP A DRIVEWAY IN CONJUNCTION WITH THE TOWNSHIP IN FUNDING FROM THE DEVELOPER. WE WENT INTO A PLAN FOR A SECOND DRIVEWAY. DEDICATED DRIVEWAY. INTERRUPT YOU, MR MR. RESPONSE A FAVORITE SHOW ME WHERE GREAT SOUND ROAD IS. SHOW ME WHERE THE ORIGINAL FIREHOUSES SHOW ME WHERE THE ADDITIONAL PROPERTIES THAT WE PURCHASED SO THAT THE BOARD IS FAMILIAR WITH THE SITE PLAN. AND THAT'S ORIENTED AS TO WHAT WE'RE LOOKING AT. OKAY, I'LL TELL YOU THE MAJOR COMPONENTS SO BELL MCGRIGGS TOWN ROAD WOULD BE UP HERE. COVERT DRIVE OVER HERE GOING INTO THE OLD MUNICIPAL BUILDING EXISTING FIREHOUSE IN HERE. UM A SINGLE FAMILY RESIDENTIAL. UH PROPERTY HERE AND THE AREAS THAT WE ARE DISCUSSING. AND IF INTEREST TO US TONIGHT ARE THIS AREA HERE, IT'S A 1.5 STORY. GARAGE PICTURE POLE BARN. OKAY. FOR THE RECORD THE HERE THERE. YOU'RE TALKING ABOUT LOT TO CORRECT. I AM NOW TALKING ABOUT LOT TWO. THAT'S CORRECT. WHAT'S JUST DESCRIBED FOR THE BOARD WHAT'S ON LOT, 1.01, WHICH IS ON THE LEFT HAND SIDE OF THE PROJECT, DATA INSIGHT DIMENSION PLAN THAT THE BOARD HAS IN FRONT OF IT. SO STARTING WITH LOT ONE, SIR 1.011 0.01 IS A FIREHOUSE AND A PARKING LOT. NOW GO TO A LOT. TO YOUR LOT TWO HAS A SINGLE FAMILY HOUSE. A 1.5 STORY GARAGE. A BARN THAT WE CALL IT AND A SHED ZONING OF LOT. 1.01 IS WHAT AGREEING THAT'S P P E ZONE 1.01 IS PERMITTED IN THAT ZONE. CORRECT WHAT'S ON LOT, 22 IS A SINGLE FAMILY HOME AND SOME ACCESSORY BUILDINGS ON THAT SINGLE FAMILY HOME. THAT'S THAT'S AN ART TO ZONE. UH THAT HAD BEEN ORIGINALLY A FAMILY LIVED THERE, THE OWNER OF THE FAMILY PASSED AWAY WE, THE FIRE COMPANY PURCHASED THAT PROPERTY AND THE USED THE SINGLE FAMILY HOME AS A RENTAL PROPERTY FOR INCOME. AND THERE ARE, UH SHEDS AND ACCESSORY BUILDINGS BEHIND IT THAT WE'RE PART OF ARE ORIGINAL APPROVAL PROCESS AS TO USE FOR SURE THIS WAY. THERE'S A BOARD RESOLUTION 5 2019 CORRECT.

THAT RESOLUTION GRANTED A YOUTH VARIOUS TO ALLOW TO PRINCIPAL USES ON LOT TO CORRECT THE USES WAS THE SINGLE FAMILY RESIDENTIAL HOME RIGHT? THAT'S CORRECT USE WAS FOR FIRE TRAINING, BUT ON THE PROPERTY THE RESOLUTION DOESN'T TALK ABOUT FIRE TRAINING IN ANY OF THE TWO BUILDINGS. CORRECT CORRECT. I UNDERSTAND IT JUST TO SIMPLIFY THINGS. WHAT YOU'RE HERE FOR TONIGHT IS FOR ANOTHER. ANYONE VARIANTS TO MODIFY THE PRIOR APPROVAL TO ALLOW YOU TO HAVE THE FIRE TRAINING. STORAGE NOT ONLY OUTSIDE OF LA, TOO, BUT INSIDE THE GARAGE AND INSIDE THE SHED AND MY CORRECT THAT'S CORRECT, MR DRILL, AND THAT'S THE APPLICATION. IN A NUTSHELL.

CORRECT APPLICATION AND NUTSHELL. SOME OF THESE BOARD MEMBERS WERE HERE AT THAT TIME.

SOME MAY NOT HAVE BEEN, UH, ORIGINALLY WE OPERATED ON THE AREA WHERE THE FIRE HOUSES. WE PURCHASED THIS JOINING PROPERTY. AS I SAID, WE RENT OUT THE SINGLE FAMILY HOME THROUGHOUT THE ACCESSORY BUILDINGS IN THE BACK. ORIGINALLY WHAT HAPPENED AGAIN FROM A HISTORICAL PERSPECTIVE SO THAT YOU UNDERSTAND WHERE WE'RE COMING FROM. AND WHY WE'RE HERE TONIGHT. ORIGINALLY OF ALL THE ACCESS TO THE PARKING LOT IN THE BACK HAD BEEN FIRED BY COVERT

[00:10:07]

DRIVE, WHICH IS ON THE WESTERN PART OF THE PROPERTY OVER THERE ON THE LEFT HAND SIDE OF THE SITE PLAN, IF YOU WILL. THAT THAT PROPERTY THAT THAT COVERT DRIVE ALONG BELONGS TO TOWNSHIP AND FOR YEARS FOR A COMPANY. JUST USE THAT AS ACCESS BECAUSE IT WASN'T ANYBODY OR ANYTHING ELSE NEARBY TO INHIBIT THE USE OF THAT PARTICULAR ROAD. WHEN THE APPROVALS WERE FINALIZED BEFORE THE NEIGHBORING DEVELOPMENT, WHICH INCLUDED THE MIXED USE, UH, STRUCTURES THAT ARE THERE NOW THE STORES ON THE FIRST LEVEL AND SOME RESIDENTIAL UNITS ON THE SECOND LEVEL. MY CLIENTS BECAME CONCERNED BECAUSE THEY WERE AFRAID THAT IN THAT COVERT DRIVE, THERE MIGHT BE EXTRA PARKING PEOPLE. MAYBE PARKING. BECAUSE THEY HAVE THE RESIDENTS IN THAT IN THAT MIXED USE DEVELOPMENT THAT'S IMMEDIATELY ADJACENT TO THE PROPERTY. THEY WERE CONCERNED THAT YOU KNOW A BUNCH OF PEOPLE PARK ON A SATURDAY NIGHT OF THE PARTY OR SOMETHING LIKE THAT.

THEY WOULDN'T BE ABLE TO GET THEIR FIRE. CAN I ASK YOU BUT YOU'RE NOT PROPOSING ANY MODIFICATIONS TO ANY OF THAT, RIGHT? BUT I'M JUST TRYING TO ORIENT AS TO WHY WE'RE HERE. AS FAR AS MY SUGGESTION IS JUST READ I'M GOING TO READ TO SECTION TWO PARAGRAPHS OF THE RESOLUTION. I'M GOING TO READ FROM PARAGRAPH TWO. I'M SORRY FROM PARAGRAPH FOUR ON PAGE FOUR. IT SAYS. QUOTE THE APPLICANT PURCHASED THE NEIGHBORING RESIDENTIAL LOT LOT TO WHICH HAS A BARN IN AN OUTBUILDING. AND THEN MR SPAWN TESTIFIED BACK IN 2019 OR WHATEVER. THAT THE BARN COULD HOUSE, THE ANTIQUE FIRE TRUCK, EXCESS GEAR AND OTHER MISCELLANEOUS ITEMS. THE APPLICANT HAS NOW YOU WANT TO EXPAND THAT TO ACTUALLY HAVE FIRE TRAINING IN THE BARN IN THE SHED? CORRECT MAY I ADD TO THAT, PLEASE? YES I DID TESTIFY. BUT YOU ALSO SEE IN SOME TESTIMONY THAT WE SPOKE ABOUT TRAINING ACTIVITIES IN THE OTHER FACILITY AND STORAGE IN THE IN THE BARN. BUT YOU WANT TO EXPAND. I'M ASKING JUST TO DO WHAT I TESTIMONY TESTIFIED FOR BACK THEN NOTHING MORE. NOTHING LESS. OKAY WHERE DOES IT SAY WHEN YOU TESTIFIED BACK THEN THAT YOU WERE GOING TO HAVE FIRE TRAINING IN THE BARN? UH WHEN WE MET WITH SOMEONE, THAT'S NOT A SOLUTION, RIGHT? THAT'S WHAT WE'RE DOING. OKAY AND OKAY, THAT THAT'S WHAT THAT'S WHY YOU'RE HERE. CORRECT THAT'S CORRECT. OK, ALSO PARAGRAPH 10. ON PAGE FIVE. IT SAYS THE TWO STORY GARAGE, THE BARN AND THE SHED WILL BE REUSED BY THE APPLICANT. RIGHT? IT DOESN'T SAY FOR WHAT? BUT IT SAYS IT'S GOING TO BE REUSED. PARAGRAPH 15 ON PAGE SIX. SAYS THE FIRE DEPARTMENT USES INHERENTLY BENEFICIAL. THE YOUTH PROMOTES THE GENERAL WELFARE.

THE USED ITSELF MEETS SPECIAL REASONS. CORRECT SO I ASSUME THAT YOUR ARGUMENT IS THAT FOR THE SAME SPECIAL REASONS THAT THE BOARD FOUND IN RESOLUTION 05 2019 FOR THE YOUTH VARIANTS TO ALLOW THE FIRE TRAINING ON THE GROUNDS OF LOT TO THE BOARD SHOULD FIND ITS THOSE SAME SPECIAL REASONS. IT'S THE SAME INHERITED BISHOP. INHERENTLY BENEFICIAL USE SHOULD ALLOW THE TRAINING INSIDE THE STRUCTURES. IS THAT CORRECT? THAT'S CORRECT. THAT'S THE CASE THAT'S CORRECT.

YOU GUYS HAVE ANY QUESTIONS FOR THE BOARD OF ANY QUESTIONS? GOOD QUESTIONS. IS THERE ANYONE HERE IN THE PUBLIC? STILL? NO. NOPE. WAS THERE A NOTICE ON THIS APPLICATION AND I CHECKED THE CONTENTS OF THE NOTICE. AND IT WAS SATISFACTORY. YOU CHECKED THE CERTIFIED AND THEY WERE SATISFACTORY. YEP. MHM. SO I'D LIKE TO OPEN UP FOR A VOTE. SOMEONE WANT TO SOMEONE WANT TO READ BACK THE SOMEONE WANTS TO DELIBERATE AND I ASSUME FROM THE EXPRESSION ON PEOPLE'S FACES.

THAT. THE DELIBERATION WOULD BE SOMETHING ALONG THE LINES THAT FOR THE SAME REASONS THAT THE BOARD FOUND THE FIREHOUSE YOUTH WAS INHERENTLY BENEFICIAL ON LOT 20 OUTSIDE BACK IN PARLIAMENT ELECTION RESOLUTION OF 5 2019 YOU FIND THAT THE FIREHOUSE USES STILL INHERENTLY BENEFICIAL AND IT WOULD BE INHERENTLY BENEFICIAL. ON THE INSIDE OF THE GARAGE AND THE STORAGE SHED, AND THEREFORE YOU WOULD GRANT A D ONE YOUTH VARIANTS TO MODIFY THE PRIOR VARIANTS TO EXPAND THE PERMISSIBLE USE OF THOSE TWO STRUCTURES FOR FIRE TRAINING AND STORAGE PURPOSES. IS THAT APPARENTLY. SO WE WANT TO MAKE A MOTION TO GRANT THAT THE ONE YOU FAIRY MAKE THAT MOTION TO GRANT THE VARIANTS SECOND. ANYONE SECOND, THE ONLY THING I'M GONNA SAY WE DISCUSSED THIS WITH THE

[00:15:01]

APPLICANT ON THE PHONE THIS AFTERNOON SHERRY ACTUALLY THIS MORNING AND A ZOOM CALL BETWEEN THE APPLICANT ATTORNEY SHERI AND MYSELF. SO. THE GRANTING OF THE D ONE VARIANTS TO MODIFY THE PRIOR. DO YOU WANT BARRIERS TO ALLOW THE EXPANSION OF THE YOUTH INTO THESE BUILDINGS? NO PROBLEM. ORDINANCE SECTION 16-8 0.2 B SAYS. THAT NO CONSTRUCTION PERMITS WILL BE ISSUED FOR ANY NEW STRUCTURE OR FOR AN ADDITION TO AN EXISTING STRUCTURE AND NO CERTIFICATE OF OCCUPANCY SHALL BE ISSUED FOR ANY CHANGE IN USE OF AN EXISTING STRUCTURE UNTIL THE SITE PLAN HAS BEEN APPROVED.

SO WHAT WE SAID IS, IF THEY'RE GOING TO APPLY FOR A CONSTRUCTION PERMIT, IT SHOULD BE A CONDITION HERE, SAYING NO CONSTRUCTION PERMIT UNTIL AND UNLESS THEY GET SAFE PLAN APPROVAL, WHICH QUALIFIES AS A MINOR SITE PLAN APPROVAL. IT WOULDN'T HAVE TO BE PRELIMINARY AND FINAL. IF IT WAS A MINOR SITE PLAN APPROVAL, IT WOULD NOT REQUIRE NOTICE. BUT IF THEY JUST WANT TO REUSE IT FOR TRAINING PURPOSES WITHOUT DOING ANYTHING THAT WOULD REQUIRE A CONSTRUCTION PERMIT. GOD BLESS HIM. EVERYONE AGREE WITH THAT. YES, YEAH. THANK YOU. WE'LL TAKE A LOOK. AND THERE WAS A SECOND, RIGHT? YES. UH NO, EILEEN. I DIDN'T HEAR YOU STEP DOWN THE CORRECT UNLESS, OKAY. I DIDN'T WANT TO CALL YOU SORRY. YES OF SKI. YES ROSENTHAL? YES SING? YES MARK? YES WOULD MATTER. THANK YOU, OKAY. THANK YOU VERY MUCH. THANK YOU. NEXT ITEM IN

[V. MINUTES]

THE AGENDA IS THE MINUTES JUNE 22ND 2023. IT WAS A REGULAR MEETING. I'D LIKE TO. IF ANYONE HAS A MOTION TO APPROVE THOSE MINUTES, I'LL MAKE A MOTION TO APPROVE BLAZE OFF SKI SECOND THANK YOU TAKE A ROLL CALL, PLEASE. SKI. YES WALMART RUNS UPDATE IS NOT HERE. THANK YOU.

AND THEN THE MINUTES FROM THE JULY 27TH MEETING. I WAS ALSO A REGULAR MEETING, TAKE A MOTION TO APPROVE MOTION TO APPROVE THING. SECOND WELL, PLEASE. ROSENTHAL. YES OBVIOUSLY SORRY.

YES SKI SING? YES, MARK. WOOD AND BRANDS. THANK YOU. AH FUTURE MEETINGS TO NOVEMBER 28TH 2023 WE HAVE SEVEN PM MEETING IN DECEMBER 28TH 2023 ON THE CALENDAR AS A 7 P.M. MEETING. UM I'D LIKE TO TAKE A MOTION TO ADJOURN. TO ADJOURN SECOND, PLEASE, OKAY. SECOND TIME IS 720 QUICK AND EASY.

* This transcript was compiled from uncorrected Closed Captioning.