Jul 23, 2024 Zoning Board

[OPENING STATEMENT]

[00:00:07]

EVERYONE. WELCOME TO MONTGOMERY TOWNSHIP ZONING BOARD. THIS IS MONTGOMERY TOWNSHIP IN SOMERSET COUNTY, NEW JERSEY. THE REGULAR MEETING SCHEDULED FOR JULY 23RD, 2024. THE TIME IS NOW 7 P.M, UNDER THE PROVISIONS OF THE OPEN PUBLIC MEETINGS ACT. NOTICE AND TIME AND PLACE OF THIS MEETING HAS BEEN POSTED AND SENT TO THE OFFICIALLY DESIGNATED NEWSPAPERS, MISTER GALEN, CAN YOU CALL THE ROLL, PLEASE? YES. BLODGETT HERE. ROSENTHAL LOZOVSKY PRESENT. BRUNS HERE.

WALMART HERE. WOOD HERE. URBANSKI. HERE SHAH. HERE MEHTA. HERE DRILL HERE. CLAVELLI. HERE BARTOLONE. HERE MCCARTHY. HERE GREAT. THANK YOU. WOULD EVERYBODY RISE TO SALUTE THE FLAG, PLEASE? PLEDGE ALLEGIANCE TO THE FLAG FOR THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. ALL RIGHT, AS, IS CUSTOMARY, WE OPEN THE, MEETING WITH THE PUBLIC COMMENT SECTION, WE RESPECTFULLY ASK ANY MEMBERS OF THE PUBLIC TO LIMIT THEIR COMMENTS OR Q&A TO THREE MINUTES IF YOU'RE, PROVIDING, COMMENTS, PLEASE PROVIDE COMMENTS FOR ITEMS THAT ARE NOT ON TODAY'S AGENDA. THERE'S, COMMENT PERIOD FOR, JUST GENERAL, QUESTIONS TO THE BOARD OR COMMENTS. PLEASE STATE YOUR NAME AND SPELL YOUR LAST NAME. FOR THE RECORD, IF YOU PREFER NOT TO PROVIDE YOUR ADDRESS, PLEASE ADVISE WHICH TOWN YOU LIVE IN. IF COMMENTS ARE SIMILAR TO THOSE ALREADY STATED, PLEASE INDICATE YOUR SUPPORT OR OPPOSITION TO THOSE PREVIOUS COMMENTS. GROUPS ARE ASKED TO SELECT A SPOKESPERSON IF THERE ARE ANY. ARE THERE ANY PUBLIC COMMENTS FOR ITEMS THAT ARE NOT ON TODAY'S AGENDA? NO. GREAT. THANK YOU. ALL RIGHT, A FEW

[IV. RESOLUTION]

THIS WAS GEORGE THOMAS, BLOCK 3001, LOT 16.13, COMMONLY KNOWN AS 26 BLUE HERON WAY. THIS WAS A VOTE. BULK VARIANCE TO PERMIT 27.2 LOT COVERAGE WHEN 15% IS ALLOWED. THERE WAS A DRAFT AND A REVISION TO THIS, SO THIS IS THE THIRD DRAFT DATED JULY 11TH, WHICH THE BOARD HAS. AND I'M GOING TO READ INTO THE RECORD SOME FINAL REVISIONS TO THIS THIRD DRAFT IN FOOTNOTE ONE. ON PAGE ONE. IT STATES, AND I'LL TELL YOU WHERE THE REVISION IS. THE APPLICANT INITIALLY MADE APPLICATION TO THE BOARD FOR A C IMPERVIOUS COVERAGE VARIANCE TO ALLOW. AND THEN THERE'S AN X THERE THAT SHOULD BE 27.2% IMPERVIOUS COVERAGE ON THE PROPERTY. SO AS TO ALLOW THE CONSTRUCTION OF A 24 SQUARE FOOT, NOT 72 24 SQUARE FOOT KITCHEN ADDITION TO THE EXISTING DWELLING, BUT THE APPLICANT REVISED THE APPLICATION TO SEEK THE C IMPERVIOUS COVERAGE VARIANCE TO ALLOW THE EXISTING COVERAGE OF 27.2% ON THE PROPERTY TO REMAIN. AND THEN I'VE ADDED A CLARIFYING, CLARIFYING EXPLANATORY SENTENCE TO THE END OF THAT FOOTNOTE THAT SAYS THE PREVIOUSLY PROPOSED KITCHEN ADDITION WAS LOCATED ABOVE AN EXISTING PATIO, SO DID NOT ADD TO THE EXISTING 27.2% IMPERVIOUS COVERAGE. THAT EXPLAINS WHY THE IMPERVIOUS COVERAGE WAS THE SAME FOR THE PRIOR APPLICATION AND THE SUBSEQUENT APPLICATION. EVEN THOUGH THE KITCHEN ADDITION WAS WITHDRAWN AND THEN ON PAGE THREE, PARAGRAPH TWO, FOURTH SENTENCE FROM THE BOTTOM AGAIN, I HAVE AN X THAT GETS 27.2% INSERTED IN IT, AND THE 72 SQUARE FOOT ADDITION INSTEAD OF 72. IT'S 24. WITH THOSE REVISIONS, I THINK THAT RESOLUTION 2020 4-04 IS IN ORDER. GREAT THANK YOU. CAN I GET A MOTION TO MEMORIALIZE REMOVED MR. WOOD? MISS BLAZAWSKI, MR. GALEN, CALL THE ROLL, PLEASE. BLAZAWSKI YES, BLODGETT. YES. ROSENTHAL WALMAR. YES. YES BRUINS. YES URBANSKI. YES. ALL RIGHT. THE NEXT CASE IS, CASE B0623. THE APPLICANT WAS STELLAR LAND ASSETS, LLC. THIS IS BLOCK 35 001. LOTS TEN ONE FIVE AND ONE SIX, COMMONLY KNOWN AS 1045 ROUTE 206. THIS WAS A MAJOR SITE PLAN AND USE

[00:05:04]

KORBONSKI. YES SHAW. YES. ALL RIGHT. THE RESOLUTION PASSES. OKAY. FIRST APPLICATION FOR

[V. APPLICATIONS]

YES. AND THERE WAS AN AGREEMENT, ENTERED INTO BETWEEN THE TOWNSHIP AND, THE APPLICANT AS WELL AS A DEED RESTRICTION, REGARDING THE GROUP HOME. BEING USED AS AFFORDABLE HOUSING, IN PARTIAL COMPLIANCE, THE TOWNSHIP'S AFFORDABLE HOUSING OBLIGATIONS. THE BULK VARIANCES REQUIRED AS PART OF THE APPLICATION, THERE ARE QUITE A FEW, BUT THEY ALL RELATE, TO ESSENTIALLY THE PROPOSED STRUCTURE ON THE PROPERTY. THERE ARE SEVERAL EXISTING BULK VARIANCES, FOR LOT AREA, LOT DEPTH, LOT WIDTH AND FRONTAGE, OWING TO THE RELATIVELY SMALL SIZE OF THE PROPERTY, THERE ARE ALSO PROPOSED VARIANCES FOR FRONT YARD SETBACKS, SIDE YARD SETBACK, REAR YARD SETBACK, MANY OF WHICH ARE EXISTING NON-CONFORMITIES WITH THE CURRENT BUILDING ON THE PROPERTY, BUT WE'RE INTENSIFYING THOSE, VARIANCES A LITTLE BIT, IN SOME CASES, IN SOME CASES, REDUCING THE INTENSITY, THERE ARE ALSO SOME STEEP SLOPES, VARIANCES, A PARKING AREA, DRIVEWAY SETBACK VARIANCE, AND THERE ARE SOME, BUILDING COVERAGE AND LOT COVERAGE VARIANCES. AGAIN, THE BUILDING COVERAGE, VARIANCE OR RATHER THE LOT COVERAGE VARIANCE IS EXISTING. THERE'S AN EXISTING NONCONFORMITY. WE'RE JUST INTENSIFYING THAT A LITTLE BIT, WITH THIS PROPOSED APPLICATION. JUST A QUICK QUESTION. THE PLANNERS REPORT FROM MR. CLAVELLI DATED JULY 18TH, 2024 LISTS VARIANCES STARTING ON PAGE FOUR AND GOING TO PAGE 52.4 THROUGH 2.13. DO YOU AGREE THAT THOSE ARE ALL THAT'S ALL THE RELIEF REQUIRED? YES. THE VARIANCE RELIEF. YES. OKAY. THAT INCLUDES THE EXISTING

[00:10:05]

AND HE LISTS THE VARIANCES ON PAGES TWO THROUGH THREE. RIGHT. CORRECT. OKAY ALSO TWO DESIGN WAIVERS. THERE'S ONE FOR, SHADE TREES BEING REPLACED AND ANOTHER FOR SIDEWALKS REQUIREMENT.

THAT'S ALSO IN THE ENGINEER'S REPORT ON PAGE THREE. CORRECT? CORRECT. AND ESSENTIALLY THE RELIEF THAT'S REQUESTED AS PART OF THIS APPLICATION, I DO HAVE TWO WITNESSES HERE TONIGHT WHO WILL GO THROUGH THE APPLICATION IN DETAIL, I HAVE MR. VAN DIJK, OUR REGISTERED ARCHITECT. CAN YOU SPELL THAT NAME AND ENUNCIATE? SURE KYLE VAN DIKE, THAT'S KYLE K Y L E VAN DIKE V A N SECOND WORD. DIKE D Y K E OKA. HE'S THE REGISTERED ARCHITECT, CORRECT? CORRECT AND OTHER WITNESS. YES, I HAVE, JAMES SMILAC, WHO'S THE PROFESSIONAL ENGINEER AS WELL AS PROFESSIONAL PLANNER. OKAY. SPELL HIS LAST NAME, PLEASE, C H M I E L A K. OKAY. AND LET'S ALSO GET THE BOARD PROFESSIONALS THAT ARE GOING TO BE TESTIFYING. CAN YOU GIVE YOUR NAME FOR THE RECORD? YOU DON'T HAVE TO SPELL YOUR LAST NAMES. I KNOW THEM, JAMES CLEVERLY, I'M THE BOARD'S PLANNING CONSULTANT. RYAN MCCARTHY. THE BOARD'S ENGINEER. CONSULTANT RICHARD BARTOLOME, BOARD LANDSCAPE ARCHITECT. OKAY SO CAN THE FIVE OF YOU, WHOEVER YOUR OTHER WITNESSES, CAN YOU ALL RAISE YOUR RIGHT HAND? DOES EVERYONE SWEAR OR AFFIRM THE TESTIMONY YOU'RE GOING TO GIVE IN? THIS MATTER WILL BE THE TRUTH, THE WHOLE TRUTH. NOTHING BUT THE TRUTH. I DO, I DO, I DO, I DO, I DO OKAY. THANK YOU, MR. VAN DIKE, IF YOU'D JUST BRIEFLY FOR THE BOARD, STATE YOUR EDUCATION, EXPERIENCE AND LICENSURE. I HAVE A BACHELOR IN ARCHITECTURE. I, HAVE BEEN PRESIDENT OF KVD PLUS ARCHITECTURE LICENSE NUMBER IS TEN 864. I'VE BEEN IN BUSINESS IN PRINCETON FOR 40 YEARS, AND I'VE. I'VE HAD TESTIMONY BETWEEN MANY BOARDS. IN FACT, THIS BOARD TWICE YOUR LICENSES ARE CURRENT. YES. THANK YOU. I ASK THAT THE BOARD ACCEPT MR. VAN DYCK AS AN EXPERT IN ARCHITECTURE. SORRY. ANY QUESTIONS FROM THE BOARD? THE CREDENTIALS? NO, YEAH. WE'LL ACCEPT, MR. VAN DYCK AS AN EXPERT IN ARCHITECTURE. THANK YOU, MR. CHAIRMAN, MR. VAN DYCK HAS A POWERPOINT PRESENTATION. IT DOES INCLUDE SOME MATERIALS FROM THE APPLICATION SUBMITTAL.

IT ALSO INCLUDES SOME NEWER, MATERIALS, INCLUDES ENGINEERING MATERIALS AS WELL, THAT ARE ENGINEER WILL DISCUSS, BUT PERHAPS WE COULD ENTER THE ENTIRE POWERPOINT PRESENTATION INTO THE RECORD AS EXHIBIT A, ONE. OKAY, THIS IS ALREADY IN THE BOARD FILE. I HAVE THE PAPER COPIES, BUT THEY GAVE ME TODAY, SO WHATEVER WE MARKED. OKAY, SO IT'S PAPER CUBS GIVEN TODAY.

THEY'RE NOT HERE TEN DAYS BEFORE. SO LET'S GET THEM ADMITTED AS EXHIBITS. YOU HAVE EXTRA PAPER COPIES TO HAND OUT TO EVERYBODY. I GOT THREE OTHER PAPER COPIES, BUT WE WERE GOING TO EMAIL THE TOTAL. SO WHY DON'T YOU GIVE ME ONE SET AND ANY BOARD MEMBERS DOWN THERE WANT TO SEE A PAPER COPY OR YOU GUYS LOOK AT THE SCREEN. WE'LL HAVE THE SCREEN TO. OKAY. WHICH ONE DO YOU WANT A ONE AND WHICH ONE DO YOU WANT A TWO. ALL RIGHT. SO THE THREE SHEETS ARE THE ARCHITECTURE. WE'RE GOING TO LABEL THAT AS EXHIBIT A ONE. AND FOR THE RECORD THAT'S TITLED WHAT DATED WHAT I'M SORRY. IT'S A ONE. IT'S JUST GIVE THE DESCRIPTION FOR THE RECORD AND THE DATE. I WOULD PUT TODAY'S DATE ON, ON EACH ONE OF THOSE. OKAY. A ONE IS GOING TO BE THE THREE SHEETS TOGETHER STAPLED TOGETHER. WHAT DO YOU WANT TO CALL A ONE? FOR THE RECORD ARCHITECTURAL PRESENTATION. ARCHITECTURAL PRESENTATION OKAY. AND THE DATE ON THAT WOULD BE JULY 23RD, 2024. ALL RIGHT. GO FOR IT. OKAY. THANK YOU FOR LISTENING TO US TONIGHT. WE'VE DONE A LOT OF GROUP HOMES, AND THIS ONE PARTICULAR IS, A SPECIAL HOME IN THE SENSE THAT IT'S SIX IT'S GOT FOR SIX PEOPLE. AND IT'S GOING TO BE SET UP TO BE HAVE THE ABILITIES OF

[00:15:06]

AND THAT REQUIRES US TO HAVE ACCESS OUT OF EACH BEDROOM. AND ALSO THE SIDEWALK, WHICH IS RIGHT ALONG THIS EDGE HERE. AND IT GOES AROUND THE SIDE AND AROUND THIS. WE HAVE TO THEY HAVE EVACUATION, THEY HAVE EVACUATION PRACTICES ON, ON. I THINK EACH MONTH, THAT ALLOWS THEM TO BE ABLE TO TAKE PEOPLE OUT, WHETHER THEY BE IN WHEELCHAIRS, GURNEYS OR WHATEVER, OUT TO A SAFE PLACE OUT BY THE PARKING SPOT. SO THAT'S JUST PART OF THE GROUP HOME, REQUIREMENTS, WHEN YOU HAVE DISABILITIES. THIS IS A SHOT FROM THE BACK OF YOU FROM THE BACK THAT ACTUALLY IS LOOKING THIS WAY TOWARDS THE COURTYARDS, RIGHT IN HERE. AND THE TREES AND THINGS THAT ARE ON HERE ARE ALL BASED UPON, JIM COMPLEX LANDSCAPING THAT HE'S GOT ON HIS. AND THEY'RE PRETTY ACCURATELY PLACED. THEY MIGHT NOT BE THE SAME EXACT TREES, BUT THEY'RE THE TYPE OF THEY'RE THEY'RE THE LOCATION AND THEY'RE PROBABLY MATURE, THE ELEVATIONS ARE FAIRLY SIMPLE. AGAIN, TO TRY TO KEEP CONSTRUCTION COSTS. AS, AS AS MINIMAL AS POSSIBLE, YET GIVE IT ALL THE GOOD THINGS THAT THEY NEED TO SUPPORT THESE FOLKS IN THEIR CARE. AND THEN WE HAVE JUST SOME OTHER, THIS IS A THIS IS A SHOT FROM THE ROAD THAT GOES UP THE DRIVEWAY LOOKING AT THE FRONT OF THE HOUSE. THIS IS ONE THAT'S OBVIOUSLY, AN AERIAL COME LOOKING FROM THE FROM THE SOUTH SIDE WHERE THE PATIO IS, AND YOU SEE THE DRIVEWAY ON THE OTHER SIDE WITH THE, WITH THE, THE, THE PARKING AREA, THIS IS LOOKING BACK THE OPPOSITE WAY THAN THE OTHER FROM, FROM THE THIS IS LOOKING TOWARDS THE SOUTH. THIS IS THE SOUTH WEST SIDE OR SOUTH EAST SIDE OF THE BUILDING. AND THEN THIS IS LOOKING TOWARDS MORE THE DRIVING THE DRIVE AREA. SO, THAT'S BASICALLY THE BUILDING, THE BUILDING TYPE. AND JIM'S GOING TO BE ABLE TO TELL YOU MORE ABOUT ALL THE SITE THINGS, WHICH I KNOW YOU GUYS ARE MORE INTERESTED IN. I THINK THAT'S ABOUT IT. IF ANYBODY HAS ANY QUESTIONS, I'D BE GLAD TO ANSWER JUST A FEW FOLLOW UP QUESTIONS, IN TERMS OF TRASH AND RECYCLING, THERE'S A COMMENT IN THE LETTERS. THAT'S SOMETHING WHERE THE TRASH AND RECYCLING WILL BE BROUGHT TO THE STREET, IT'S NOT GOING TO BE A SITUATION WHERE

[00:20:01]

QUESTION YEAH. IS THERE ANY QUESTIONS OF THE BOARD OR THE PROFESSIONALS? YEAH. LET'S OPEN IT FOR UP FOR QUESTIONS. IF ANYBODY HAS ANY. ARCHITECTURALLY, I DO WANT TO DO QUESTIONS FROM THE AUDIENCE FIRST, WE CAN, I JUST LET'S ASK CLARIFYING QUESTIONS AND THEN WE'LL DO THE AUDIENCE QUESTIONS. OKAY? YEAH. CAN I START? YEAH GO AHEAD, SO MY QUESTION IS, IN TERMS OF THE CARETAKERS, THESE ARE THIS IS GOING TO BE STAFFED BY PEOPLE COMING IN AND OUT.

YOU'RE NOT GOING TO HAVE ANYBODY WHO'S ACTUALLY HAS TO SLEEP HERE. SO THERE'S NO THERE'S NO LIVING QUARTERS FOR THIS IS, THERE'S THREE SHIFTS, I BELIEVE, OF EIGHT HOURS. AND THEY ALL STAY UP. THEY HAVE TO BE UP ALL THE TIME AS THEIR SHIFT IS, AND THEY DON'T SLEEP OVERNIGHT.

OKAY. AND IT'S BEEN VERY HELPFUL TO HEAR YOUR CLARIFICATION REGARDING THAT. THE PEOPLE WHO ARE LIVING HERE, BECAUSE I COULD NOT FIGURE OUT WHY THE BATHROOMS WERE SO ENORMOUS, BUT NOW IT MAKES A LOT OF SENSE TO ME. YEAH. AND BY THE WAY, THE SHOWERS THAT ARE IN THOSE BATHROOMS, WHICH ARE RIGHT ABOUT RIGHT IN HERE, THOSE ARE ALL BASED UPON GURNEY WIDTHS. SO IF SOMEBODY'S ON A GURNEY AND HAS TO COME OUT MOST OF THESE BEDROOMS, IF YOU LOOK REAL CAREFUL, RIGHT IN HERE, HAS A CEILING TROLLEY THAT WOULD ALLOW SOMEBODY THAT COULDN'T AS A WHAT A CEILING. WHAT A HOYER SYSTEM ON THE CEILING THAT THAT WILL LIFT SOMEBODY OUT OF THEIR BED, BRING THEM INTO THE BATHROOM, PUT THEM ON THE TOILET, PUT THEM IN THE SHOWER AND ALL THAT.

THAT'S WHAT THE DOTTED LINES ARE. YES, YES OKAY. YEP. FOR ACCESS TO THE ROOMS IN THE BACK, FOR IN AND OUT. IS THERE A DRIVEWAY, A WALKWAY? THERE'S A WALKWAY ALONG THIS WHOLE AREA RIGHT HERE. THERE'S A WALKWAY ALONG THE SIDE WHERE THE WHERE THEY'RE SHOWING IT ON AN ARCHITECTURAL PLAN. YEAH, THE SAVE IT FOR THE SITE PLAN. RIGHT. THE SITE PLAN WILL PROBABLY PROVIDE A BETTER DETAIL ON THAT ISSUE. OKAY WHAT KIND OF, PATIENTS OR RESIDENTS, WILL BE LIVING IN THIS IN THIS BUILDING, THERE'S A VARIETY I THINK THE OWNER COULD TALK MORE TO THAT, BUT MOSTLY THESE HOUSES ARE SET UP FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES. SO THEY HAVE A VARIETY OF DIFFERENT TYPES OF, OF DISABILITY, AND, AND MOST OF THEM, YOU KNOW, NEED REALLY SPECIAL CARE AND HELP MOVING AROUND AND THINGS LIKE THAT. BUT I THINK YOU KNOW, IF YOU HAD TO ASK THE QUESTION, IT WOULD PROBABLY BE, MIKE HAGERTY, WHO'S HERE TONIGHT THAT COULD TALK TO THAT. CAN YOU TELL US WHAT CURRENTLY IS ON THE SITE AND KIND OF HOW IT, YOU KNOW, THE SHAPE RELATIVE TO WHAT YOU HAVE THERE NOW? YES, WELL, WHAT'S ON THE SITE NOW? WE STARTED THIS PROJECT 14 YEARS AGO AND WE WERE WE HAD DONE A COUPLE RENOVATIONS OF THE EXISTING HOUSE THAT'S OUT THERE, BUT THAT WAS SUCH IN POOR SHAPE, AND IT WAS A DIFFERENT IDEA THAT WAS TO MAKE APARTMENTS THERE, AS THE TIME WENT BY, MORE PEOPLE WERE GETTING OUT OF INSTITUTIONS. NOW THAT ARE MORE SEVERELY DISABLED. SO AS THE FIRST PART OF IT WAS TOO EXPENSIVE TO RENOVATE THE EXISTING BUILDING TO A POINT WHERE YOU CAN ACTUALLY USE IT.

SO AS THE YEARS WENT BY, THERE WAS MORE OF A NEED. AND ALLIES SAW THAT NEED. AND SO THIS IS WHERE WE WOUND UP. WE HAD A COUPLE DESIGNS IN BETWEEN THIS WHERE WE TRIED TO BUNCH OF DIFFERENT THINGS, BUT THIS IS WHERE, WE KIND OF WOUND UP BECAUSE THIS SERVES ANYBODY. IT SERVES ANYBODY THAT MIGHT BE COMING OUT OF AN INSTITUTION THAT'S SEVERELY DISABLED, OR IT SERVES SOMEBODY THAT'S NOT AS SEVERELY DISABLED. SO IT REALLY IS A FLEXIBLE KIND OF A HOUSE FOR THE PURPOSE THAT WE'VE DESIGNED IT FOR. SO TO GO BACK TO THAT OTHER THE HOUSE THAT WAS THERE, YOU KNOW, THAT WAS SUCH A SMALLER PORTION AND IT HAD TWO STORIES TO IT TOO. SO THE SQUARE FOOTAGE WAS SPREAD BETWEEN TWO STORIES. THIS IS A BIGGER HOUSE. THIS IS 4320FT■!S AND BUT IT EVY PART OF THAT SQUARE FOOTAGE IS NECESSARY. THE HALLWAYS ARE WIDER BECAUSE YOU NEED, YOU KNOW, THE PEOPLE THAT ARE CARING FOR THESE FOLKS NEED TO HAVE THE ACCESS BACK AND FORTH. PEOPLE IN WHEELCHAIRS NEED ACCESS BACK AND FORTH. THE BATHROOMS ARE MUCH BIGGER BECAUSE OF THE FACT THAT WE HAVE THE TROLLEY SYSTEMS AND THINGS LIKE THAT. AND SO THE SQUARE FOOTAGE IS, IS REALLY THE REQUIREMENT. AND ONE OF THE REASONS WHY WE HAVE, YOU KNOW, THE VARIANCES THAT WE NEED ON THIS PROPERTY. OKAY. AND ONE MORE. IS THERE A REASON WHY YOU DID NOT CONSIDER A TWO STORY

[00:25:04]

SO, TO HAVE A STAFF THAT'S THERE, EIGHT HOURS TO HAVE TWO PEOPLE ON, YOU'D HAVE TO HAVE LIKE ONE PERSON ON EACH FLOOR, PROBABLY. IT WOULD JUST BE HARD. SOMEBODY WHO'S AT AN EMERGENCY, THEY'D HAVE TO GO UPSTAIRS OR GO TO THE ELEVATOR OR GET UPSTAIRS. AND THIS JUST MAKES IT SO MUCH MORE, VALID AND VIABLE TO CARE FOR PEOPLE ON ONE FLOOR. ALL THE, THE EGRESS POINTS FOR EACH OF THE ROOMS ARE, KIND OF DIRECTLY FACING THE STREET. IS THERE ANY, LIKE, PRIVACY OR OR ANYTHING OR. RIGHT. WELL, NONE OF THEM ARE ACTUALLY FACING THE STREET. THIS THESE ARE THE ONLY TWO THAT ACTUALLY FACE THE DRIVEWAY. THESE ALL FACE A REALLY NICE SOUTH FACING, VIEW FROM FROM THE. AND WHAT WE DID HERE IS WE TRIED TO THIS PART IS CLOSEST TO THE STREET THE, THE COMMUNITY AREA SO THAT WAS UP FRONT WHERE IT HAD LESS PRIVACY. AND THEN WE PUT THE BEDROOMS BACK IN HERE SO THAT THEY WOULD HAVE MORE PRIVACY. AND WE PUT THE FOUR BEDROOMS ON THE SOUTH SIDE IN ORDER FOR THEM TO HAVE A NICE VIEW TO, TO HAVE, YOU KNOW, THE NICER PART OF THE SITE. BUT THE STREET CURVES AROUND THOUGH, THAT, YEAH, IT GOES AROUND LIKE THIS. YOU'LL SEE THAT ON THE SITE PLAN, RIGHT? RIGHT. I MEAN, ARCHITECT, BUT I JUST ARCHITECTURALLY THOUGH, I WAS CONCERNED ABOUT, YOU KNOW, LIKE PATIO FURNITURE OR, OR, YOU KNOW, STUFF LIKE THAT, RIGHT OUTSIDE OF THOSE DOORS. IS THAT ANTICIPATED, WILL THAT BE RESTRICTED IF SO, ARE THERE ANY SHIELDING? WELL, FROM THE STREET, THE, THIS THIS PATIO, THIS IS THE PATIO THAT THEY WOULD BE USING IF YOU LOOK WHEN YOU WHEN JIM GETS TO HIS SITE PLAN, YOU'LL SEE THAT THIS THIS IS ALL BOUND BY SHRUBS AND THINGS LIKE THAT THAT WILL GROW UP AND GIVE YOU SOME NICE SCREENING, BUT IT'S ALSO FAR THE ROAD IS RIGHT THERE. AND IT'S NOT THAT BUSY OF A ROAD. SO IT'S LIKE, YEAH, AND ARE THOSE DOORS FOR EMERGENCY ACCESS ONLY THEN. YES OR YEAH. SO WILL THEY BE ALARMED OR OR OR SOMEHOW THEY PROBABLY WOULD HAVE SOME INDICATION IF SOMEBODY OPENED THEM. YES SO YOU'RE SAYING ALL THE RED ARROWS ARE EMERGENCY ACCESS ONLY? YES. SO THOSE RESIDENTS, THAT'S DIRECTLY FROM THE BEDROOMS. OKAY I MEAN, THEY MIGHT USE THEM TO, TO DO SOME CLEANING OR SOMETHING LIKE THAT. BUT FOR THE MOST PART, THEIR EMERGENCY ACCESS. WHAT IS THE COMPOSITION OF THE BUILDING, THE OUTSIDE IS IT THE BUILDING IS GOING TO BE A FRAME BUILDING.

IT'S GOING TO BE HIGHLY INSULATED WITH SPRAY FOAM INSULATION. WE HAVE IT'S GOING TO BE A VERY, YOU KNOW, THE MATERIAL ON THE OUTSIDE. SHE'S ASKING OKAY, THE MATERIAL IS PROBABLY GOING TO BE, VINYL SIDING. SO PUT UP YOUR THE NEXT SHEET, A 3.0. HOLD ON A SECOND.

SO ALL THIS IS GOING TO BE SIDING. WHAT KIND OF SIDING? VINYL SIDING. WHAT COLOR. WE DON'T HAVE THAT SELECTED, BUT IT WAS PROBABLY GOING TO BE A LIGHT COLOR. IF YOU LOOK AT THE RENDERINGS, ALL LOOK LIKE THEY'RE LIKE A BEIGE COLOR. BUT WE HAVE NOT SELECTED THAT. IT WOULD BE SOMETHING THAT FITS IN WELL WITH THE CONTEXT, AND IT'D BE WHITE. IT'D PROBABLY BE ALL WHITE FASCIAS AND SOFFITS, WHITE CORNERBOARDS WHITE WINDOWS, AND THE ROOF WILL PROBABLY BE A MORE ON THE GRAY LIGHT GRAY SIDE. WHAT ABOUT THE WINDOWS? ARE THEY, WILL THEY HAVE SHUTTERS OR ARE THEY? NO NO SHUTTERS. AND THEY'RE GOING TO BE ANDERSON. THEY'RE GOING TO BE, A GOOD STANDARD THERE FOR 40 WINDOWS OR ANDERSON FOR 40. SO THEY'RE GOING TO BE A GOOD WINDOW FOR THE PROPERTY. WHAT YOU SEE THERE IS PRETTY MUCH WHAT IT IS. SO IS THE PICTURE IN THE BOTTOM OF ONE OF THOSE. IS THAT THE ONLY COLOR RENDERING. DO YOU HAVE AN ACTUAL COLOR RENDERING OF WHAT THE BUILDING IS GOING TO LOOK LIKE? NO WE HAVEN'T SELECTED ALL THE COLORS YET. YOU KNOW, THERE'S SO MANY COLORS ON THAT IN THAT ROAD. I MEAN, AND WE HAVEN'T REALLY GONE TO SELECTION OF COLORS, BUT IT'S GOING TO BE SOMETHING LIKE THIS. IT'S GOING TO BE PROBABLY A VARYING BOARD.

IF THE BOARD WERE TO GRANT ALL THE VARIANCES AND APPROVE THE APPLICATION AND IMPOSE CONDITIONS BASED ON YOUR REPRESENTATION, IT WOULD BE THE VINYL SIDING HAS TO BE A LIGHT COLOR. TRIM HAS TO BE WHITE. THE ROOF HAS TO BE A LIGHT GRAY COLOR. AND THE APPLICANT SAYS

[00:30:06]

WE HAVE TO ASK. I THINK WE HAVE A GUEST. I DON'T HAVE MY WORKING DRAWINGS WITH ME RIGHT NOW. SO SO THERE'S NO GAS SERVICE THERE. THERE'S NO GAS. THERE'S NO NATURAL GAS SERVICE. NO. AND THE GENERATOR WOULD ALSO BE PROPANE. YES. OKAY. BUT BUT LIKE, FOR INSTANCE, THE WATER HEATER WOULD BE HIGHLY EFFICIENT, WITH THE PROPANE. AND IT'S PUBLIC WATER AND SEWERS. CORRECT YES. THANK YOU. ALL RIGHT. CAN YOU POINT OUT THE EXTERIOR LIGHTING, HOW THAT WOULD LOOK? I THINK THAT I CAN DO SOME OF THAT, BUT I THINK JIM WILL PROBABLY HE HAS THE YEAH. THE ENGINEER WILL FOCUS ON ON THE LIGHTING AND THE LIGHTING COMMENTS. BUT FROM A BUILDING LIGHTING JUST IN THE SOFFIT OF ALL THE BUILDINGS AROUND ALL THOSE DOORWAYS, THERE'S GOING TO BE RECESSED LIGHTING SO YOU WON'T SEE THE LIGHTING, YOU'LL JUST SEE THE ILLUMINATION. SO IT WORKS VERY WELL FROM A DARK SKY STANDPOINT. ALL THE LIGHTING IS GOING TO BE, YOU KNOW BETWEEN 2700 AND 3000 K, COLOR AND, AND BUT JIM HAS MORE ON THAT. HE'S GOT THE FULL PHOTO METRICS. ALL RIGHT, IS THERE ANY QUESTIONS FROM THE PUBLIC? AND, AND I'LL REMIND THE PUBLIC THAT THESE QUESTIONS ARE OF CLARIFYING NATURE, YOU KNOW, NO EXPRESSING OF OPINION AT THIS POINT IN THE APPLICATION. JUST FOR THE ARCHITECT. ARE THERE ANY QUESTIONS? NO. OKAY. I SEE NONE. ALL RIGHT, LET'S GO ON. THANK YOU, MY NEXT WITNESS WAS PREVIOUSLY SWORN IN. IS OUR ENGINEER. AND PLANNER, JIM MALE.

HE'S NOT JUST THE ENGINEER. HE'S ALSO THE PLANNER. YES. OKAY, JUST GIVE YOU A SECOND. A SECOND. LET'S GO ON HERE. LET'S GET. LOST MY CURSOR. WHAT? WE'RE SETTING UP. PERHAPS I CAN QUALIFY. GO AHEAD. WITNESS. JUST, BRIEFLY STATE YOUR EDUCATION, EXPERIENCE AND LICENSURE. SURE, JAMES MALEK, WITH KENSHO RESOURCES, LLC, A LICENSED PROFESSIONAL ENGINEER IN THE STATE OF NEW JERSEY, AS WELL AS A PROFESSIONAL PLANNER, I HAVE A BACHELOR'S DEGREE IN THE FIELD OF CIVIL AND ENVIRONMENTAL ENGINEERING FROM RUTGERS UNIVERSITY. I'VE BEEN PRACTICING CIVIL ENGINEERING AND SITE PLANNING FOR APPROXIMATELY 26 YEARS, I HAVE, PARTICIPATED IN PRESENTING NOT SPECIFICALLY BEFORE THIS BOARD, BUT I'VE BEEN BEFORE MANY OTHER BOARDS WITHIN THE STATE. PRINCETON BOARD OF ADJUSTMENT AND PLANNING BOARD, RARITAN TOWNSHIP PLANNING BOARD, BOARD OF ADJUSTMENT, WEST WINDSOR BOARD OF ADJUSTMENT, AS WELL, HOPEWELL TOWNSHIP, HOPEWELL BOROUGH, MANY OTHER MUNICIPALITIES WITHIN THIS AREA. DID YOU GET HIS NAME? YEP, YEP.

AND DID YOU, REPRESENT THOSE? AS A PLANNER OR ENGINEER OR BOTH, BOTH, SOME PROJECTS. PLANNER.

BUT SOMETIMES THEY'RE IN CONJUNCTION AS WELL. GREAT. YES ANYONE HAVE ANY QUESTIONS ABOUT QUALIFICATIONS? NO. ALL RIGHT. WE WILL ACCEPT YOU AS AN EXPERT PLANNER AND ENGINEER. THANK YOU,

[00:35:02]

WHY DON'T. FOR NOW, WE HAVE TWO ADDITIONAL PAPER COPIES. LET'S LET ME GET ONE. WE'LL RETURN IT, SHERRY, BUT WE'LL PUT ONE ON ONE END OF THIS GUY. ON THE OTHER, SHERRY, DO YOU HAVE ANY WAY TO PROJECT WHAT THEY GIVE YOU? DID THEY GIVE THIS TO YOU ELECTRONICALLY? NO, NOT AT ALL.

ON THEIR OWN USB. HERE'S ONE PAPER COPY. WHERE'S THE THIRD PAPER COPY? YEAH GOOD. THIS IS.

YOU DON'T NEED THIS. THAT ONE WAS SOFT. ALL RIGHT, SO THIS IS MINE. YOU GUYS SHARE THIS ONE.

AND YOU GUYS SHARE THIS ONE. THANK YOU. OKAY U.S. NAVY VERSUS NOPE. NOPE. THIS IS A1, A2.

CAN YOU EMAIL IN A1 AND A2 TOMORROW SO IT CAN BE SENT OUT TO THE BOARD. PROFESSIONALS SO YOU GOT A WORKING.

CHANGE. AND THAT'S. THE FINAL. THAT'S WORKING OUT ALL RIGHT, JERRY, TO THE RESCUE ONCE AGAIN. OKAY. THANK YOU. JERRY. THANK YOU. OKAY AND JERRY'S BACK. PERHAPS YOU GUYS CAN. SHARE. OKAY ALL RIGHT. EXCELLENT. THANKS AGAIN. YEAH. GO AHEAD. PLEASE OKAY, THANKS FOR BEARING WITH US HERE ON EXHIBIT A2. MR. DRILL. CORRECT. YEP. WE'RE LOOKING AT THE KEY MAP HERE. IT HAS A RADIUS IN THE LOCATION OF THE SITE. YOU CAN SEE IN THE CENTRAL PORTION OF THE PROPERTY, IMMEDIATELY ADJACENT TO THE PARK. AND ACTUALLY SURROUNDED BY THE PARK PROPERTY. THIS WAS A ONE ACRE PARCEL PREVIOUSLY SUBDIVIDED OUT OF THAT ORIGINAL PARCEL FOR THE PURPOSE OF WHAT WE'RE DISCUSSING HERE TONIGHT. AND THE ORIGINAL ACREAGE OF THE LARGE PARCEL WAS WHAT? I DON'T HAVE THAT, ON ME TONIGHT, BUT IT'S MANY, MANY, MANY. ONE OF THE REPORTS. THAT'S

[00:40:06]

SO THIS PARTICULAR SLIDE IN A2 IS A RENDERING OF THE EXISTING SURVEY THAT SHOWS THE OVERALL PROPERTY LIMITS HERE. AS I'M HIGHLIGHTING AROUND THE BOUNDARY OF THAT ONE ACRE PARCEL. MR. WOOD DID ASK A QUESTION OF, WELL, WHAT'S ON THE PROPERTY NOW? THE SIZE OF THE FOOTPRINT OF THE EXISTING BUILDING, AS YOU CAN SEE, THAT'S HIGHLIGHTED HER, AS WELL AS ON THE NORTHERLY SIDE OF THE PROPERTY, AN EXISTING DRIVEWAY APRON OR, A CUT HERE FOR ACCESS IN, AND OUT OF THIS EXISTING DRIVEWAY. AND THAT DOES EXTEND, IN A WESTERLY DIRECTION ONTO, THE, THE REST OF THE MUNICIPAL PARCEL OR THE PARKLAND PARCEL, AND THEN BACK INTO THE REAR OF THE PROPERTY AS WELL. SO THE GENERAL LAYOUT AND CONFIGURATION OF THIS PROPERTY WAS BASED UPON THE LOCATION OF THE EXISTING STRUCTURE, THE LOCATION OF THE EXISTING, INGRESS AND EGRESS, AND YOU CAN SEE THAT THAT IS PREDOMINANTLY CONSISTENT WITH WHAT WE'VE PROPOSED ON OUR SITE PLAN, WHICH I WILL SHOW YOU HERE IN A COUPLE OF SLIDES. OKAY. SO THE CONSISTENCY HERE IS A TAKE HOME MESSAGE. THIS IS THE CRITICAL AREAS MAP, WHICH IS INCLUDED WITHIN YOUR PLAN SET HIGHLIGHTING, PURSUANT TO YOUR ORDINANCE, SEVERAL PARAMETERS RELATIVE TO ENVIRONMENTALLY SENSITIVE COMPONENTS. AND CRITICAL AREAS. I'D JUST LIKE TO SAY A FEW THINGS AND REVIEW THIS, RELATIVE TO SOME OF THE COMMENTS, OR REQUESTS IN THE REVIEW MEMOS, NUMBER ONE, NUMBER TWO, ON THIS PARTICULAR SHEET, WHICH IS AT THE BOTTOM OF THE PAGE IN YOUR PLAN SET, FLOODPLAINS AND FLOOD HAZARD AREAS. THEY'VE BEEN RECENTLY OBTAINED FROM, FROM DEP, AND WE WERE NOT PROPOSING ANY ENCROACHMENT WITHIN THOSE. THEY ARE DELINEATED, IN DETAIL BEYOND THE LIMITS OF THE PROPERTY HERE, AS WELL AS IN THE SOUTHEAST CORNER OF THE PROPERTY ACROSS THE STREET AND THIS VICINITY AS WELL. SO THAT'S BEEN CONFIRMED. THAT'S THE SAME IS TRUE FOR WETLANDS RELATIVE TO CRITICAL SOILS. WE HAVE A SOIL BOUNDARY LINE. AND AGAIN THIS IS AN EXISTING CONDITION ON A ONE ACRE PARCEL THAT WAS SUBDIVIDED, PURSUANT TO THE RESOLUTION THAT WE JUST REVIEWED, I THINK IT WAS IN 2007 FOR THIS ONE ACRE AT THIS LOCATION WITH, CROTON SOILS

[00:45:09]

AND THESE AREAS, AS YOU CAN SEE, THEY'RE BASICALLY A RESULT OF MAN MADE ACTIVITY. AND GRADING FROM THE PRIOR DEVELOPMENT. FROM OUR STANDPOINT, THEY'RE NOT NATURALLY OCCURRING STEEP SLOPES IN EXCESS OF 15%, YOU CAN SEE EVERYTHING AROUND IT IS A MORE GENTLE AND SHALLOW SLOPE AND DOESN'T QUALIFY AS THAT. SO I WOULD SAY, AGAIN, WE'RE REDEVELOPING A PROPERTY. SO FROM A C1 PERSPECTIVE OR THIS UNIQUE CHARACTERISTIC OF THIS PARTICULAR PIECE OF PROPERTY IN THIS LOCATION, ON THIS ONE ACRE PARCEL, WE REALLY HAVE NO CHOICE BUT TO DISTURB THESE SLOPES THAT SOME PERSONS MADE IN THE PAST IN ORDER TO REDEVELOP THE PROPERTY, AND AGAIN, FROM AN EROSION OR, DRAINAGE STANDPOINT, WE'LL BE MAKING DRAINAGE IMPROVEMENTS, WHICH WILL MAKE THE SITUATION BETTER NOT WORSE. AND SO FROM A NEGATIVE, NEGATIVE CRITERIA WE FEEL IS SATISFIED IN THIS REGARD RELATIVE TO THE STEEP SLOPE ARE. AND SCROLLING TO THE NEXT SLIDE, THIS IS PROBABLY A BETTER RENDERING TO LOOK AT THE WHAT, IS BEING PROPOSED HERE. AND AGAIN, WE HAVE THE EXISTING SAME GENERAL ENTRY OF THAT, PROPERTY INGRESS AND EGRESS LOCATION FROM BURNT HILL ROAD HERE ON THE NORTHERLY PORTION OF THE SITE. WE HAVE MR. WOOD, YOU CAN SEE HERE THIS IS THE GENERAL AND EVERYBODY ELSE, THE GENERAL FOOTPRINT OF THE EXISTING BUILDING CLOSER TO THE ROAD THAN THE PROPOSED ONE IS WE HAVE A GREATER FRONT YARD SETBACK, BUT IT'S RIGHT IN THIS AREA. AND THEN THE REMAINING REAR PORTION OF THE BUILDING HAS BEEN EXTENDED FURTHER TO THE REAR, AWAY FROM THE ROAD, WHAT'S THAT DOTTED LINE? THE DOTTED LINE THAT SURROUNDS. THAT'S A LOW GARDEN WALL, 1 TO 3FT, VERY LOW. JUST TO MAKE, OUR GRADING, FACILITATE THE GRADING AND ALSO TO MINIMIZE DISTURBANCE ON THE PROPERTY. THE BROWN ARE THE SIDEWALKS. EVERYBODY WAS ASKING BEFORE ABOUT THESE RED ARROWS IN THIS. THESE EMERGENCY EGRESSES FROM THE ACTUAL LIVING QUARTER

[00:50:05]

SO THERE'S EGRESS FROM THAT COMMUNITY ROOM OUT ONTO THAT OUTDOOR PATIO. AND IT DOES OVERLOOK THIS SORT OF DOWN SLOPING MEADOW, WHICH IS, WHICH IS A BENEFIT IN TERMS OF OUR, IN TERMS OF OUR PARKING. WE ARE PROPOSING, A TOTAL OF, FIVE FUNCTIONAL STALLS HERE. WE HAVE AN ADA STALL, THAT WOULD BE AN ACCESSIBLE AND COMPLIANT, PLUS, AN ADDITIONAL, FOUR STALLS IN ADDITION TO THAT, IN AND AROUND THE SITE AND FROM THE ALLIES OPERATION OF THESE SITES, THE PARKING DEMAND IS EXTREMELY MINIMAL. AND WHAT WE HAVE PROPOSED HERE IS IN LINE AND IN HARMONY WITH THE SPACES NEEDED AND REQUIRED. FOR VISITING THE SITE ALSO FOR EMPLOYEES OF THE SITE TO HAVE SUFFICIENT PARKING, AND AS WELL, IF THERE IS OF, A VISITOR TO THE SITE, THERE WILL BE, THE SITE WILL BE MONITORED BY A MANAGER AND THAT WILL BE FACILITATED, FROM A VISITATION STANDPOINT TO THE PROPERTY. SO THAT IT CAN BE PROPERLY MANAGED. AND THERE AREN'T ADDITIONAL VEHICLES UNEXPECTEDLY, THAT WOULD BE THERE. BUT THE FIVE, STALLS OVERALL THAT WE HAVE PROPOSED, IN ADDITION TO THE, THIS DROP OFF OR LANDING AREA RIGHT IN ACROSS FROM THE FRONT ENTRY, WOULD BE SUFFICIENT FROM OUR STANDPOINT, BASED UPON ALLIES OPERATION OF SIMILAR FACILITIES, THERE WOULD NOT BE ANY PARKING ALONG THIS 14 FOOT WIDE DRIVEWAY FROM THE STREET INTO THE SITE, OR OTHER NUISANCES SUCH AS PARKING ON THE GRASS. SO THERE WERE SOME COMMENTS, I THINK, FROM THE FIRE OFFICIAL THAT WE RECEIVED JUST PRIOR TO THE MEETING, SAYING, CAN YOU PROVIDE SOME, SOME FIRE LANE STRIPING? ALONG THE FRONT OF THE BUILDING TO DISCOURAGE ANY PARKING AT THAT LOCATION AS WELL AS AS THIS AREA OF THE FRONT ENTRY OF THE ENTRY DRIVE.

AND CERTAINLY WE'RE AMENABLE AND ACCEPTABLE WITH THAT, BECAUSE THAT'S THE WAY, THAT THIS SITE WILL INDEED OPERATE. WHILE I'M ON THE SITE, PLAN A COUPLE QUICK TECHNICAL COMMENTS IN THE ENGINEER'S REVIEW MEMO WERE, WILL WILL CURBING BE PROPOSED, IF NOT, PARKING STOPS SHOULD BE IMPLEMENTED SO AS TO PREVENT VEHICULAR MOVEMENT. WE DO INCLUDE PARKING STOPS ON OUR PLAN, HERE, ADDITIONALLY, WE DID INCLUDE 1 OR 2 BOLLARDS ON THE PARALLEL PARKING STALLS. SO YES, WE WILL INCLUDE THOSE PARKING STOPS. THIS PARTICULAR PROJECT AS A HUD PROJECT HAS A VERY, EXTREMELY TIGHT BUDGET. THEREFORE VALUE ENGINEERING SOME DIFFERENT THINGS, FOR AN EFFICIENCY STANDPOINT IS A MAIN DRIVING GOAL. THAT'S THE REASON WHY PARKING STOPS ARE PROPOSED AND NOT CURBED THROUGHOUT THE WHOLE, PARKING LOT. BUT THEY STILL WILL WORK AND SERVE THEIR FUNCTION. THERE WAS AN ADDITIONAL COMMENT, TOO, ABOUT THE TWO PARKING STALLS THAT WE PRESENTLY HAVE DIMENSIONED AT 20FT, AND INCREASING THOSE. AND IN ACCORDANCE WITH THE ENGINEER'S REVIEW MEMO, WE CAN, IF THIS IS APPROVED AS A CONDITION OF THE APPROVAL AND RESOLUTION COMPLIANCE, INCLUDE CONVERTING THOSE TO 22FT EACH, WHICH WAS REQUESTED, IN THE IN

[00:55:01]

LET ME GO TO THE NEXT SLIDE. AND WE CAN ALWAYS COME BACK. IF THERE ARE QUESTIONS. THIS IS THE SAME ZONING TABLE THAT'S INDICATED ON YOUR PLAN SET. HERE YOU CAN SEE THAT BASICALLY THERE'S LITTLE TO NO BUILDING ENVELOPE TO BUILD WITHIN ON THIS PROPERTY. WE HAVE 100 FOOT SETBACK IN THE FRONT. WE HAVE 100 FOOT SETBACK ON THE SIDES. WE HAVE 100 FOOT SETBACK IN THE REAR. AND AGAIN, WE'RE PROPOSIN, IN THE FRONT 47 INCH CHANGE 49 AND CHANGE ON THE SIDE ON THE SMALLEST SIDE AND AT THE REAR, I THINK THAT'S 86. AND CHANGE. IT'S ON YOUR PLAN. IT'S JUST DIFFICULT FOR ME TO READ FROM HERE. TWO OF THOSE ARE EXISTING NON CONFORMING CONDITIONS. THE REAR BECAUSE THE BUILDING IS EXTENDED A LITTLE BIT FURTHER BACK, A BIT FURTHER BACK THAN THAT EXISTING BUILDING BECAUSE WE'RE SORT OF SHIFTING IT AWAY FROM THE ROAD, WHICH WE SEE AS A GOOD THING, WE'RE GOING TO HAVE A SMALLER REAR YARD SETBACK, BUT THAT'S STILL THAT'S STILL 80FT.

SO VARIANCE RELIEF IS REQUIRED FROM THAT CONDITION. AND AGAIN, THESE, BULK VARIANCES HERE RELATE TO THE C1 HARDSHIP CONTEXT, WHERE WE HAVE A ONE ACRE PARCEL WITH A 100 FOOT SETBACKS ON ALL THREE SIDES, AND WE HAVE NO BUILDING ENVELOPE. AND OBVIOUSLY WE HAVE NO CHOICE.

AND THIS IS A PARTICULAR SITE AT THIS LOCATION WITH THESE UNIQUE, GEOMETRIC CONFIGURATIONS HERE.

IN TERMS OF BUILDING COVERAGE, WE ARE REQUESTING RELIEF FROM THAT WHERE WHEN THE LOT WAS SUBDIVIDED, THESE PARAMETERS WERE MUCH SMALLER BECAUSE IT WAS SUCH A LONG TIME AGO. AND AS MR. VAN DIKE INDICATED, THERE WAS AN EVOLUTION TO THIS PROPOSED STRUCTURE ON THE PROPERTY, AND IT DID INCREASE IN SIZE. SO WE'RE PREVIOUSLY 7% WAS THE BULK PARAMETER. ESTABLISHED DURING THAT SUBDIVISION? I THINK IT WAS SET AT THAT TIME. AND SIX AND CHANGE PERCENT 6.3 EXISTS. WE'RE PROPOSING JUST OVER 11% FROM A BUILDING COVERAGE STANDPOINT. AND I WILL MENTION AS WELL GO TO THE NEXT ONE FROM A LOT COVERAGE, WHICH IS BUILDING AND THEN HARD SURFACE COVERAGE THROUGHOUT THE ONE ACRE LOT, WHERE 10% IS THE MAXIMUM BASED UPON THE ZONE AND THE EXISTING IS 16.4 AGAIN, WHICH EXCEEDS THE 10% IN THE EXISTING CONDITION, WHERE 6.4% OVER WHAT THE BULK REQUIREMENT IS AS ESTABLISHED BY THE MUNICIPALITY. FOR THIS LOT OF 10%, WE ARE GOING TO, 23.9% IN TERMS OF THE RELIEF REQUESTED FOR THE BUILDING AND THE PARKING AREA, AND I WOULD JUST SAY THAT FROM A HARD SURFACE STANDPOINT, YOU CAN SEE FROM THE DESIGN OF OUR PARKING LOT, WE TRY TO BE AS EFFICIENT AS POSSIBLE AND DESIGN AROUND THE EXPECTED NUMBER OF PARKING STALLS. FOR THIS TO FUNCTION WELL AS WELL AS PROVIDE THE EGRESS SIDEWALKS AT FIVE FEET BUT NOT BE OVER EXCESSIVE.

AND THE OUTDOOR SPACE. SO, EVEN THOUGH WE ARE EXCEEDING IT, IT'S REALLY DRIVEN BY THE NEED IN THE USE. HERE. AND I GUESS I WOULD SAY THAT THAT'S BOTH FROM A, A C1 PERSPECTIVE IN TERMS OF, THE OVERALL SIZE OF THE PROPERTY AND THE COVERAGE, BUT ALSO FROM A C2 STANDPOINT WHERE, THE BENEFITS OF THIS FACILITY, LIKE WE WOULD SEE IN TERMS OF ALL OF THE AMENITIES DESCRIBED TO YOU RELATIVE TO PROVIDING A, AN AFFORDABLE HOUSING, ALTERNATIVE HOUSING, ENTITY ON THIS LOT, WITH SUBSTANTIALLY, YOU KNOW, OUTWEIGH ANY DETRIMENT OF THE 23.9% IMPERVIOUS COVERAGE.

NOTING THE FACT THAT WE DID PROVIDE, SUFFICIENT STORMWATER MANAGEMENT, FROM A QUANTITY STANDPOINT, IN ORDER TO NOT ONLY MEET THE FLOWS THAT EXIST THERE TODAY, BUT WE PROVIDED OBVIOUSLY THE PERCENT REDUCTIONS WHERE FOR THE VARIOUS STORMS, THE RUNOFF IS GOING TO BE LESS AFTER THIS PROJECT THAN EXISTS TODAY. SO WE ARE REQUESTING THE RELIEF. BUT FROM A NEGATIVE CRITERIA STANDPOINT, WE'RE ACTUALLY REDUCING THAT RUNOFF, WELL BELOW WHAT EXISTS THERE TODAY. AS IF THERE WAS NO PROJECT. OKAY. SO WE SEE THAT AS AS PRETTY SIGNIFICANT FROM A FROM A RELIEF STANDPOINT, ADDRESSING THE NEGATIVE CRITERIA. THERE WAS ALSO A COMMENT ABOUT THE MOTOR

[01:00:08]

AND WE'RE CERTAINLY WILLING TO MAKE NECESSARY MODIFICATIONS SHOULD YOU APPROVE THIS AS A CONDITION, FOR THIS SPECIES THAT WERE DISCOURAGED AND SWITCH THEM WITH SOME SPECIES THAT THE BOARD PREFERS, THAT'S TOTALLY FINE AS WELL AS, INCORPORATING INSTEAD OF MORE ORNAMENTAL REPLACEMENT TREES. WE CAN MAKE THEM SHADE TREES. SO THAT'S, CERTAINLY AGREEABLE TO THAT. AND WORKING WITH THE BOARD'S PROFESSIONALS, TO FINALIZE THOSE DETAILS, YOU KNOW, SHOULD THIS BE APPROVED? WE DID PROVIDE SOME LANDSCAPING IN AND AROUND THE PATIO AREA BEFORE I LEAVE THIS SLIDE, AS WELL AS ALONG THE FRONT OF THE BUILDING, AND THERE WAS A QUESTION IN ONE OF THE MEMOS AS TO, WELL, HOW HOW IS THERE A SEPARATION BETWEEN THE SIDEWALK AND THE PARKING LOT AT THE FRONT OF THE BUILDING? AND WE ARE PROPOSING, A LANDSCAPE PLANTER BED HERE TO PROVIDE SOME VEGETATIVE SEPARATION BETWEEN THE PARKING LOT AND THAT SIDEWALK, I THINK ON THE LEFT AND ON THE RIGHT HAND SIDE OF THIS, OF THIS ENTRY. SO, THAT WAS ONE OF THE OTHER COMMENTS THAT CAME UP AND THEN LASTLY, I WOULD SAY IF THERE IS A DESIRE WHICH WAS MENTIONED IN THE MEMOS ABOUT TAKING SOME OF THE PLANTING WHERE WE TRIED TO ACCENT THE CORNERS OF THE BUILDING, AND IF IT'S FELT BY THE BOARD THAT, HEY, THE PRIORITY IS TAKE THAT MATERIAL AS INDICATED IN YOUR LANDSCAPE ARCHITECTS MEMO, AND JUST RELOCATED TO THE FRONT TO ENHANCE THE FRONT. WE'RE CERTAINLY WILLING TO DO THAT, AS WELL, IF THAT'S WHERE THE PRIORITY IS RELATIVE TO THE PLANTINGS, A COUPLE NOTE CLEANUP NOTES, WHICH WE WOULD MAKE AS WELL, THAT WERE IN THE MEMOS AS I RECALL. AND THEN FROM A LIGHTING STANDPOINT, BASICALLY, WE HAVE THE PREDOMINANCE OF THE ILLUMINATION IN AND AROUND THE BUILDING WILL BE FROM VERY SIMPLE, SIX INCH RECESSED LIGHTING FIXTURES UNDERNEATH THE SOFFIT, BASICALLY CANOPY FIXTURES THAT WILL BE RECESSED ABOVE, THAT SOFFIT LINE AND DIRECTED DIRECTLY DOWNWARD. AND AS YOU CAN SEE THERE, REALLY THE LOCATIONS WERE DRIVEN BY THE ARCHITECT AND THE THOSE EGRESS

[01:05:01]

I DON'T WANT TO TAKE THE TIME TO, YOU KNOW, THEY'VE GOT LIKE SIX MEMOS I DON'T WANT TO GO THROUGH AND SAY, YEAH, WE'RE GOOD, WE'RE GOOD, WE'RE GOOD. I WANT TO KNOW IF WE'RE NOT GOOD OR IF SOMETHING NEEDS TO CHANGE. ON COME IN REVIEW LETTER FROM CLARK AND HENCE JULY 18TH, 2020 FOR COMMENT 4.24.2 ON PAGE WHAT COMMENT 4.2 IN THE CLARK HAYDEN HINTZ REVIEW. I UNDERSTAND ON PAGE 12. IT MAY BE I DON'T HAVE IT IN FRONT OF ME, BUT IT RELATES TO, WE'RE REQUESTING A DESIGN WAIVER. OBVIOUSLY, AS WE HAVE ALREADY DISCUSSED, SEVEN REPLACEMENT TREES WHERE 14 ARE REQUIRED. AND THEN THERE WAS A REQUEST IN THAT SPECIFIC MEMO FOR, FIVE INCH CALIPER TREES AND

[01:10:09]

CORRECT. SO I DON'T WANT TO DO THE MATH. 1200 -$450 IS $6,000. SO $6,000 WOULD BE SAVED, RIGHT? OKAY. THAT'S FOR THE BOARD. YOU KNOW, MY ADVICE IN GENERAL, YOU'RE NOT SUPPOSED TO TAKE FINANCES INTO ACCOUNT, BUT THIS ONE IS PART OF THE, YEAH. I JUST WANT TO ADD THIS IS FAIR SHARE PLAN. YEAH. AND I BELIEVE THAT THE TOWNSHIPS ACTUALLY GIVEN SOME MONEY TOWARDS THIS THING I.

SO THAT'S UP TO THE BOARD. OKAY. WHAT ELSE. SO YOU DON'T DISAGREE WITH ANYTHING IN THE ENGINEER'S MEMO. YOU DON'T AGREE DISAGREE WITH ANYTHING IN THE SHADE TREE MEMO. THE OPEN SPACE MEMO. THE FIRE MEMO. THE POLICE MEMO. WHAT ELSE IN THE CCH MEMO. JUST TO CLARIFY, I BELIEVE THE TRAFFIC, ENGINEERS COMMENT WAS FOR THE PARALLEL STALLS WAS 23FT, BUT THE ENGINEER'S MEMO WAS 22FT. IN TERMS OF THE LENGTH OF THAT STALL. SO WE'RE GOING TO OKAY. SO HOLD IT, HOLD IT. THE TRAFFIC ENGINEERS MEMO IS DATED JUNE 28TH. CORRECT. AND HIS COMMENT NUMBER THREE IS CONSISTENT WITH OUR CIS REQUIREMENTS FOR PARALLEL PARKING. WE RECOMMEND THESE SPACES BE A MINIMUM OF 23FT LONG. THE ENGINEER'S COMMENT ON THAT IS COMMENT NUMBER. WHAT TO SOMEONE TELL ME THE COMMENT NUMBER 20. AND THAT IS ON PAGE FOUR. AND HE'S ALSO SAYS THAT IT'S INDICATES THE CIS REQUIRES A LENGTH OF 23FT. SO ART JUST VERY BRIEFLY OUR COMMENT. SO YEAH, OUR CIS DOES SAY 23FT. BUT THAT THAT IS SPECIFICALLY FOR ON STREET PARKING SINCE THIS IS TECHNICALLY OFF STREET PARKING, IT'S A LITTLE BIT DIFFERENT, WHICH IS WHY WE WOULD RECOMMEND JUST FROM IN PRACTICE WITH PREVIOUS PROJECTS. WE'VE SEEN 22FT AS AN ACCEPTABLE PARKING DIMENSION. AND FOR REASONS OF THIS, SINCE THERE'S AN INCONSISTENCY, YOU WANT TO USE THE ENGINEER'S MEMO 22FT, NOT THE TRAFFIC ENGINEERS. 23. CORRECT. SO THAT'S ANOTHER ONE FOR THE BOARD. AND IT DOES RELATE TO OUR IMPERVIOUS SURFACE AND OUR MANAGING OF OUR WATER, ETC. WE'D LIKE TO STAY RELATIVELY CONSISTENT WITH WHAT WE'VE PROPOSED IN OUR SYSTEM AS WELL. SO THAT THAT WOULD WORK BETTER WITH, SINCE IT FUNCTIONALLY DOES WORK FOR THE OVERALL SITE PLAN. ANYTHING ELSE? THAT'S IT. I BELIEVE THAT'S IT. THAT'S IT. OKAY, SO NOW THE LAST THING, CAN YOU GO THROUGH THE LIST FOR THE BOARD OF ALL THE VARIANCES AND JUST SPECIFY IS IT C1 OR C2 OR BOTH IN THE LIST? I WANT YOU TO USE BOTH THE PLANNERS LIST AND THE

[01:15:05]

THAT'S CORRECT. MINIMUM AND OBVIOUSLY 2.7 MINIMUM LOT SEVEN MINIMUM LOT DEPTH IS THE SAME C.

IT'S A DIMENSION ON THE PROPERTY. MINIMUM 2.8 MINIMUM FRONT YARD SETBACK. THIS ONE WOULD BE, I WOULD SAY IN THE C2 CONTEXT HERE, TECHNICALLY YOU COULD COMPLY. BUT WHAT YOU'RE SAYING WE'RE PUSHING IT FURTHER BACK SO THE DESIGN IS BETTER. WE DON'T SAY BETTER. YOU'RE SAYING IT'S A BETTER PLANNING ALTERNATIVE TO GO WITH WHAT YOU'RE PROPOSING AND TO NEED THE, TO MEET THE EXISTING OR, WE ACTUALLY CAN'T MEET THE FRONT. OKAY, SO 2.9, MINIMUM REAR YARD.

SO THAT MIGHT BE SO 2.8 IS C1 AND C2 ACTUALLY, MINIMUM REAR YARD SETBACK, AGAIN, SAME THEORY C1 YOU WENT IF YOU WENT TO A TWO STORY HOUSE, YOU WOULDN'T NEED THESE. I WOULD TAKE OFF THE C1.

I WOULD JUST GO WITH THE C2. OKAY. BECAUSE YOUR PITCH RIGHT IS ONE STORY, NOT TWO. BECAUSE OF THE CLIENTELE. CORRECT. AND IF YOU'RE GOING ONE STORY INSTEAD OF TWO STORY BECAUSE OF THE CLIENTELE. AND THAT'S A, YOU KNOW, THE PURPOSE OF ZONING TO A GENERAL WELFARE, THEREFORE, THAT THE PURPOSES OF ZONING WILL BE ADVANCED IN A SUBSTANTIALLY OUTWEIGH THE DETRIMENT. RIGHT SO 2.82.9 C2. YES OKAY. WHAT ABOUT 2.10. MINIMUM SIDE YARD. MINIMUM SIDE YARD WOULD BE. THAT WOULD BE THE SAME AS WELL. C2 BECAUSE WE'RE LOCATING EVERYTHING WITHIN THE SAME GENERAL CONFIGURATION AS PREVIOUS WITH THE DRIVEWAY, 2.11 IS GOING TO BE THE SAME. YES. 2.12. THIS IS 2.12 IS THE MAXIMUM BUILDING COVERAGE. 2.13 IS THE MAXIMUM LOT COVERAGE. I ASSUME IT'S GOING TO BE THE SAME C2 BECAUSE TECHNICALLY, AGAIN, IF YOU WENT TWO STORIES YOU COULD ALLEVIATE THAT. CORRECT CORRECT. OKAY. THAT'S THE VARIANCES IN THE PLANNERS REPORT. NOW GO TO THE ENGINEER'S REPORT. SOME ARE GOING TO BE THE SAME. BUT I THINK HE PICKED UP AT LEAST ONE JUST YEAH THAT WASN'T IN THE PLAN. PAGE THREE OF SEVEN. COMMENT SIX SORRY. MR. GRILL. YEP. DISTURBANCE OF STEEP SLOPES ALSO SO THAT DISTURBANCE OF STEEP SLOPES. OKAY. WHERE IS THAT. SO THAT'S ON PAGE. EXCUSE ME. IT'S PAGE 11. ITEM 3.10. SO I PROVIDE ALL OF THE STANDARDS I BELIEVE THAT YOU HAD SPOKEN SPOKEN TO THE, THE STEEP SLOPES. BUT IF THERE IS ANYTHING ELSE IN THE DESIGN GUIDELINES THAT ARE PROVIDED BY THE ORDINANCE THAT YOU THINK YOU SHOULD ADD TO THE RECORD, I'D RECOMMEND THAT YOU DO. SO, AND THAT'S A THREE POINT 10.1. SO FROM PAGE 11 TO PAGE 12 OKAY. SO WHAT'S YOU WANT ME TO SPEAK TO THAT. YEAH, I GUESS I WOULD SAY THAT, WE HAVE DEMONSTRATED THAT DISTURBANCE OF THESE SLOPES ARE NECESSARY, AND WE'VE CAVEATED THAT, BY THE FACT THAT THEY'RE MAN MADE, AND THEY'RE NOT NATURAL SLOPES AS A RESULT OF PRIOR DEVELOPMENT. DEVELOPER SHALL DEMONSTRATE THAT THE PROPOSED DEVELOPMENT HAS UTILIZED NON-CRITICAL AREAS OF THE TRACK AS REASONABLE AS PRACTICABLE. AND WE HAVE WE JUST HAVE THESE SPACED OUT INTERSTITIAL AREAS. SO WE BELIEVE WE SATISFY THAT. YOU'RE SAYING A C1 FOR THIS. IS THAT CORRECT? YES. YES OKAY.

APPROPRIATE REVEGETATION AND LANDSCAPING OF THE DISTURBED AREAS WE ARE PROVIDING FOR THAT.

AND WE SATISFY THAT REQUIREMENT, WE SHOULD MINIMIZE THE VISUAL IMPAIRMENT AND VISUAL QUALITY OF THE SITE RELATIVE TO STEEP SLOPES. THERE IS NO NEGATIVE IMPACT FOR THAT. WE WILL REGRADE IT, SMOOTH THOSE AREAS OUT AND RELANDSCAPE, ANY ENVIRONMENTAL IMPACTS SHALL BE SATISFACTORILY CONTROLLED BY THE DEVELOPMENT PROPOSAL IN A MANNER ACCEPTABLE TO THE TOWNSHIP. SO AGAIN, WE'RE RESTORING THOSE AREAS, TO AREAS LESS THAN 15%, WHICH SO I THINK WE, WE FEEL THAT WE SATISFY ALL THOSE REQUIREMENTS. I WOULD SAY THAT THERE IS A CONDITION JUST FOR CLARITY. ON THIS, THAT

[01:20:07]

AND THEN FOR TREAT. WELL, YOU I THINK YOU TESTIFIED TO THE TREES. WE TALKED ABOUT THE TREES. BUT ON THE SIDEWALKS. WHAT ABOUT THE SIDEWALKS, MISCELLANEOUS. REQUIRED TO PROVIDE SIDEWALKS. IT'S A DESIGN EXCEPTION, NOT A VARIANCE. SO IF YOU LOOK ON PAGE, THIS IS PAGE 12, AND THE PLANNERS MEMO, AS WELL AS PAGE THREE OF THE ENGINEER'S. YEAH. ITEM 4.1. AND THEN I HAVE FOR THE BOARD'S, UNDERSTANDING, I HAVE IMAGES ON PAGE 13 AS WELL. SO THERE IS A REQUIREMENT IN THE ORDINANCE THAT ALL PROPERTIES, IF THEY COME BEFORE THE BOARD, ARE REQUIRED TO PUT SIDEWALKS IF THEY DON'T EXIST. SO NONE ARE PROPOSED IN THIS AREA. OKAY SO.

RIGHT. SO THE REASON THAT YOU WANT AN EXCEPTION FROM THAT IS WHY IS THAT THERE'S NO FUNCTIONAL NEED FOR SIDEWALKS ALONG THE FRONTAGE. YOU'RE SAYING BECAUSE THERE'S NO SIDEWALKS ANYWHERE. THERE'S NO SIDEWALKS ANYWHERE ELSE. THERE'S NO PEDESTRIAN MOVEMENTS, ALONG THE PROPERTY FRONTAGE. AND I ASSUME YOU'RE GOING TO SAY THAT YOU WOULD EXPECT THE CLIENTELE THAT ARE STAYING THERE, WOULDN'T BE OUT WALKING. THEY'RE NOT EXITING, AND THEY'RE NOT WALKING ONTO THE STREET AND DOWN THE ROAD. SO, YOU KNOW, BASED UPON THIS UNIQUE SITE, THAT CONDITION IS APPROPRIATE. YEAH. THERE IS A WHERE'S THE CLOSEST PUBLIC TRANSPORTATION. IF AN EMPLOYEE WANTED TO TAKE A BUS TO THE SIT? I DON'T KNOW THE ANSWER TO THAT QUESTION, AND. ALSO, THERE WAS A COMMENT MADE THAT, RIGHT NOW YOU HAVE, YOU WILL HAVE RESIDENTS THAT ARE DEVELOPMENTALLY DISABLED, BUT IN THE FUTURE, THE RESIDENTS COULD BE, MORE MOBILE AND DIFFERENT. SO, COULD YOU COMMENT ON THAT RIGHT NOW? THEY MAY NOT USE USE THE SIDEWALKS, BUT IN THE FUTURE THERE COULD BE A REASON TO USE THEM. I DON'T THINK WE HAVE ANY ANTICIPATION THAT THE OCCUPANCY WILL CHANGE BASED UPON THIS APPROVAL AND THE USE OF THE BUILDING. IS THAT CORRECT? SO THE OWNERS INDICATING THAT, THERE WOULD NOT BE AN APPRECIABLE OR SUBSTANTIAL CHANGE TO THE OCCUPANCY BEYOND WHICH WAS TESTIFIED HERE AT THE HEARING TONIGHT. RELATIVE TO THE OCCUPANTS OF THE BUILDING, AS IT'S DESIGNED SPECIFICALLY FOR PERSONS WITH THEIR SPECIFIC NEEDS, AND WHAT WAS THE ANSWER TO THE QUESTION ABOUT EMPLOYEES? HE DIDN'T KNOW THE ANSWER. NO. OKAY. SO I ASKED THAT QUESTION BECAUSE OBVIOUSLY, IF AN EMPLOYEE WANTED TO WALK THERE, THAT WOULD BE A NEED FOR A SIDEWALK. BUT IF WE DON'T KNOW HOW FAR AWAY, IT WOULD BE MOOT IF THE IF THE PUBLIC TRANSPORTATION IS TOO FAR AWAY AND PRETTY MUCH, YOU KNOW, VISIT TO AND FROM THE SITE WILL BE VEHICULAR, YOU KNOW, VISITATION. HOW MANY LINEAL FEET OF SIDEWALK WOULD ARE WE TALKING ABOUT? I BELIEVE IT'S, ON THE ORDER OF. CHECK HERE. 67. AND ON THE ONE HAND, THE BOARD. I'M NOT SAYING THEY'VE MADE A PRACTICE OF IT, BUT THEY'VE GRANTED A LOT OF THESE TREE PLANTING EXCEPTIONS BECAUSE THEY'VE BEEN BASING THE 14 TREES PER ACRE ON THE AREA OF DISTURBANCE, NOT THE WHOLE

[01:25:05]

COMMERCIAL AREAS. I MEAN, THAT'S A GOOD POINT, BUT IT KIND OF DEFEATS THE USE OF THAT PART, TOO, RIGHT? I MEAN THAT HOW WOULD A RESIDENT GET TO THE PARK IF YOU WANTED TO GO TO THE PARK? YOU JUST WALK OUT THE, YOU KNOW, THROUGH THE BACKYARD AND WALK INTO THE PARK? OR DO YOU WALK DOWN THE STREET TO GET TO THE PARK? WELL, THEY WOULD HAVE TO DRIVE, OR BIKE, AND I WOULD JUST NOTE THAT I'VE WALKED DOWN BURNT HILL ROAD FROM THE SITE, JUST ABOUT TO THE PARK, AND THE SHOULDER IS THERE'S LIMITED SPACE THERE. IT'S A VERY NARROW ROAD, SO THERE'S REALLY NO OTHER PEDESTRIAN EGRESS THAT WE WOULD BE MATCHING UP TO, THAT WE WOULD BE CONSISTENT WITH. IT JUST ISN'T PRESENT AT THAT LOCATION BECAUSE THERE ISN'T A NEED. THERE IS A SIDEWALK NORTH OF MAINE BOULEVARD THAT RUNS THROUGH THE PARK. I'M VERY FAMILIAR WITH THAT PARK BECAUSE I'M THERE ALL THE TIME. SO THERE IS IN FRONT OF THE HORSE BARN, RIGHT, SO IT WOULD BE GREAT IF WE COULD START CONNECTING SOME, SOME WALKWAY FROM, FROM THE PARK TO THIS PROPERTY. SO I'M A LITTLE TORN ABOUT ABOUT JUST THIS, DECIDING AGAINST IT. IT'S ALSO, YOU'VE GOT THE SCHOOL IS UP THERE, YOU'VE GOT ORCHARD ROAD ELEMENTARY. AND I'M, I'M JUST I'M JUST SURPRISED. IT'S JUST BEING DISMISSED BECAUSE THERE IS SIDEWALK NORTH OF MAINE BOULEVARD, WHICH IS NOT THAT FAR FROM THIS PROPERTY. I DON'T KNOW EXACTLY HOW FAR IT IS. YEAH. I MEAN, CAN WE TAKE A STRAW POLL HERE? I THINK THAT IT'S PROBABLY APPROPRIATE TO SEE HOW WE PROGRESS HERE FOR SIDEWALK REQUIREMENT. LET'S START AT THE END AND GO ALL THE WAY DOWN. SO IT'S YES, REQUIRE THE SIDEWALK OR GRANT AN EXCEPTION REQUIRED REQUIRE OR GRANT AN EXCEPTION. GRANT THE EXCEPTION I CAN YOU GUYS GO IN ORDER SO THAT'S REQUIRE I WOULD GRANT AN EXCEPTION. EXCEPTION. EXCEPTION EXCEPTION I WOULD LEAN TOWARDS REQUIRING THE SIDEWALK, BUT I WANT TO KNOW MORE ABOUT THE IMPRACTICABILITY OF PUTTING A SIDEWALK IN. I'M VERY FAMILIAR WITH THAT SIDEWALK. THERE AS WELL. IT'S AN ASPHALT SIDEWALK GOING UP BURNT HILL, RIGHT NORTH OF MAINE BOULEVARD. YOU KNOW, IF YOU CAN'T PUT A SIDEWALK IN, THAT WOULD SWAY ME THE OTHER DIRECTION. WELL OKAY, I SEE WHAT CAN BE PUT IN ENGINEERING WISE. THEY CAN DO ANYTHING HE'S SAYING THAT BECAUSE OF THE TOPOGRAPHY, IT'S PROBABLY GOING TO COST MORE MONEY. YOU'RE GOING TO HAVE TO DO GRADING TO THE SIDE OF THE, IT'LL BE SUBSTANTIAL BECAUSE YOU HAVE TO CUT THAT WHOLE SLOPE BACK. I UNDERSTAND, BUT THAT'S THAT'S HIS ARGUMENT. HIS ARGUMENT IS NOT IT CAN'T BE DONE. IT'S THE ARGUMENT. IT'S GOING TO COST A LOT OF MONEY TO DO IT. CORRECT IT'LL BE IT'LL BE INVOLVED. YES I'D GO FOR AN EXCEPTION. EXCEPTION? YEAH EXCEPTION. IT'LL BE A SIDEWALK TO NOWHERE REALLY. NOBODY WILL WALK ON IT. YEAH. SIDEWALK TO NOWHERE IS. I FEEL UNCOMFORTABLE WITH BECAUSE WE'RE NEVER GOING TO GET A SIDEWALK SIDEWALK TO NN THIS CASE, I'M GOING TO SAY EXCEPTION. I MEAN, YEAH, THERE'S THERE ARE PEOPLE THAT USE THAT ACROSS THE STREET, ACROSS THE BRIDGE TO, TO SLED EVERY TIME IT SNOWS, THERE ARE PEOPLE THAT USE THIS AREA WHEN PEOPLE RUN. I MEAN, THIS IS THE MAIN ACCESS POINT FROM 518, YOU KNOW, SO IF WE CAN'T DO IT NOW, IT'S HARD NOT TO NOT TO DO THIS. SO YOU'RE REQUIRED. YEAH. OKAY I REQUIRE REQUIRE. I THINK WE'VE HAD OTHER, APPLICANTS BEFORE US THAT HAD DIFFICULTY IN PUTTING IN SIDEWALKS AND WE REQUIRED THE SIDEWALK. SO I THINK ALSO, WE DON'T KNOW WHAT, EXPENSIVE IS EITHER. SO IT'S HARD TO PUT A VALUE JUDGMENT ON IT, BUT I

[01:30:05]

WE'RE IN CHANGE. WE'RE LIKE RIGHT UNDER THE THRESHOLD. SO THAT'S MY CONCERN OKAY. SO IF YOU HAVE TO DO THE SIDEWALK THAT WILL KICK YOU UP TO OVER A HALF ACRE OF DISTURBANCE OR A MAJOR PROJECT, WHICH WAS A MAJOR DESIGN COMPONENT. SO YOU'RE A MINOR DEVELOPMENT NOW FOR STORMWATER. AND THAT WOULD KICK YOU INTO IT WOULD KICK US INTO THE MAJOR, PROBABLY KILL THE PROJECT WHICH WHICH TRIGGERS THE DNR, CAL CANAL COMMISSION'S TAX. RIGHT WHICH WHICH, YEAH. YEAH.

THAT'S IT. CAN WE HEAR FROM THE STAFF ON THAT? YEAH. THE EXPERT OR. YEAH, SURE. SO, AS HE TESTIFIED RIGHT NOW, THEY'RE AT 0.49 ACRES, IF ANY IMPROVEMENTS WERE DONE OFF SITE, IT WOULD STILL BE RELATED TO THIS PROJEC. SO THAT WOULD INCREASE THEIR LIMIT OF DISTURBANCE. SO ONCE THE REASON WHY THIS PARTICULAR PROPERTY, IT'S CONSIDERED MINOR DEVELOPMENT, BUT BECAUSE THEY'RE GETTING A VARIANCE FOR THE LOT COVERAGE, THEY HAVE TO MEET THE QUANTITY REQUIREMENTS OF STORMWATER, IF THEY GO OVER A HALF ACRE THEN THEY HAVE TO ALSO MEET QUALITY. LET ME ASK YOU ONE MORE QUESTION. WHAT IF THE SIDEWALK IS NOT ON THEIR PROPERTY? SO IN OTHER WORDS IS COULD THE PROPOSED SIDEWALK BE IN THE COUNTY RIGHT OF WAY, NOT IN THEIR PROPERTY. THEREFORE, IT WOULDN'T PUT THEM OVER 2.49, I WOULD SAY WITH SOME SOME OF THE OTHER BOARDS THAT WE REPRESENT, THE SAME QUESTION HAS COME UP AND IT WAS PUT ONTO THE APPLICANT'S DISTURBANCE AND IMPERVIOUS COVERAGE, WHETHER NOT SO MUCH WITH THEIR LOT INDIVIDUALLY, WHERE AS FAR AS WE'RE LOOKING AT COVERAGE AND VARIANCES FOR, FOR THINGS OF THAT NATURE. BUT AS FAR AS OVERALL STORMWATER DISTURBANCE, IT GOES FOR WHATEVER THE PROJECT REPRESENTS, YOU KNOW THAT, YOU KNOW, HONESTLY, THE COUNTY OWNS THE PROPERTY ALL SURROUNDING IF THE COUNTY WANTED TO PUT A PATHWAY, AROUND THIS BUILDING, THEY COULD GO TO THE NORTH SIDE AND, AND, AND TO THE WEST SIDE OF THE PROPERTY. HONESTLY, WHIC, WHICH MAY BE A SAFER, A SAFER ALTERNATIVE. I THINK THAT YOU'RE RIGHT. ABSOLUTELY. TO POINT OUT THE FACT THAT YOU'RE LIMITED DISTURBANCE IS, IS ENCROACHED UPON, SO CAN WE PULL THE SEVEN REGULAR MEMBERS? SHERRY. CAN YOU CAN SOMEONE CALL JUST THE SEVEN REGULAR MEMBERS? ONLY FOR A STRAW POLL IF REQUIRE OR EXCEPTION RUNS? FRONT GO THE

[01:35:02]

SO THANK YOU FOR, MAKING A GOOD ARGUMENT. THANK YOU, THANK YOU. YEAH. OKAY. I THINK THAT'S ALL SHE WROTE. IS THAT ALL SHE WROT? YEAH. ALL RIGHT. SO YEAH. TOOK A LITTLE LONGER THAN WE THOUGHT, BUT THAT'S FINE, IT'S IMPORTANT, DOES ANYBODY HAVE ANY QUESTIONS FOR, THE ENGINEER OR PLANNER FROM FROM THE BOARD? YES JUST ONE, I'M NOT QUITE SURE IF WE RESOLVE THE QUESTION ABOUT 2.5IN CALIPER VERSUS FIVE CALIPER. YEAH. WE DID WE DID NOT. YEAH SO, IT JUST SEEMED TO BE A DIFFERENCE BETWEEN THE CLERK AND HIS MEMO AND THE, LOOKING FOR IT NOW. BARTOLOME MEMO, I DON'T KNOW HOW TO RESOLVE THAT. WHAT DO WE TELL THE CLIENT OR THE APPLICANT? I WOULD NOT RECOMMEND THE FIVE INCH CALIPER TREE. OKAY. FOR COST AND FOR VIABILITY. I UNDERSTAND ORDINANCE, IT CERTAINLY THIS SITUATION IS UNIQUE, I WOULD GO WITH WHAT WAS PROPOSED. JUST TO BE CLEAR, THIS MEETS THE NEW TOWNSHIP, SHADE TREE ORDINANCE OR THIS IS AN EXCEPTION TO THE ORDINANCE. THEN I THINK THIS THREE THAT THEY REQUIRE THAT I HAVEN'T HEARD THE BOARD SAY THEY'RE NOT GOING TO GIVE THEM. BUT IF THAT EXCEPTION IS GRANTED, THE ORDINANCE SAYS PLANT FIVE INCH. SO IT'S LIKE A DOUBLE EXCEPTION. WHAT I'M ASKING IS THERE'S A RECENTLY PASSED ORDINANCE THAT WAS JUST ADOPTED BY THE TOWNSHIP AND REQUIRED BY THE STATE. I THINK TIME OF APPLICATION. THIS PREEMPTS. SO THIS IS GRANDFATHER. YEAH. RIGHT ORDINANCE DOESN'T APPLY HERE BECAUSE THEIR APPLICATION WAS SUBMITTED UNDER THE TIME OF APPLICATION LAW. THE NEW ORDINANCE DOES NOT APPLY TO THEM. RIGHT. JUST FOR REFERENCE, THE MINIMUM SIZE OF THE IN THE NEW ORDINANCE IS SMALLER THAN THE EXISTING THAN THE PREVIOUS ORDINANCE, IT'S GOING BELOW TWO INCHES. RIGHT. OKAY CAN I JUST SAY MR. WALMART AS WELL. SO I DO POINT OUT THAT THAT IS THE ORDINANCE REQUIREMENT. BUT FOR PLANTINGS GENERALLY I DO DEFER TO MR. BARTOLONI. SO IF HE SAYS THAT 2.5IN CALIBER IS BETTER, I'M, I JUST WANT YOU TO KNOW THERE ISN'T A DISAGREEMENT. I WAS JUST POINTING OUT THAT THE. THANK YOU GOT IT. CAN YOU JUST HAVE THE REGULAR MEMBERS DROP OLD 2.5IN VERSUS FIVE INCH? JUST FOR THE RECORD, MR. BRONZE, TWO AND A HALF OR FIVE INCH, TWO AND A HALF. OKAY. BLAZAWSKI NO. OKAY SO YOU REQUIRE FIVE INCH? YES.

IS THAT AN EXCEPTION FOR TWO AND A HALF? REQUIRE FIVE INCH. ROSENTHAL EXCEPTION TWO AND A HALF. WALLACH. TWO AND A HALF. WOOD, TWO AND A HALF. URBANSKI. TWO AND A HALF. AND BLODGETT, I'D SAY REQUIRE FIVE. BECAUSE WE ARE INCREASING THE IMPERVIOUS COVERAGE OF THE PROPERTY, WHICH MITIGATES STORM RUNNER. THIS PARTICULAR JUNCTION OF LAND IS NEXT TO THE, YOU KNOW, THE I THINK THAT THIS IS BEATONS BROOK, RIGHT. OR ROCK BROOK, EITHER ONE, WHICH IS A KIND OF A CONFLUENCE OF WHERE THE FLOODING WAS SOURCED FROM. ANYTHING HELP. SO I, I THINK ALSO THERE'S SOME, YOU KNOW, VEHICULAR TRAFFIC LIGHTING THAT THE LIGHT WILL BE BLOCKED FROM, I THINK FIVE. BUT OKAY. BUT BUT THE POLL, THE, THE POLL IS 5 TO 2. SO YEAH, TWO AND A HALF UNLESS I SWAYED ANYBODY.

GOOD ARGUMENT. YEAH. ALL RIGHT, DO I HAVE ONE MORE QUESTION. WHAT'S THE PLAN FOR JUST GENERAL GROUND COVER? IS IT JUST GRASS SEED SOD? I KNOW IT'S A PRETTY OVERGROWN LOT WITH, YOU KNOW, KIND OF PATCHES OF DIRT AND, LIKE, WHAT'S THE PLAN FOR THE DEVELOPMENT FOOTPRINT? AGAIN, IT'S A HALF ACRE AND IT'S, IT'S RELATIVELY LIMITED IN AND AROUND THE BUILDING AREA AND THE PARKING LOT. SO IT WOULD BE LAWN MAINTAINED LAWN WITH LANDSCAPING. AS WE SHOW ON THE PLAN AROUND THE BUILDING. AND I THINK THE MEADOW, THE OPEN MEADOW THAT'S TO THE RIGHT, THAT WOULD BE PROBABLY MAINTAINED AS A AS AN OPEN MEADOW. AND IF I JUST HAD A COUPLE QUICK QUESTIONS TO FOR THE FOR THE ENGINEER, IN OUR REVIEW LETTER AND THIS IS JUST SOME THINGS THAT WE WERE ASKING FOR, YOU GOT TO GO IN. SO LOUD INTO THAT MICROPHONE. SURE. YEAH. SO THERE WERE SOME THINGS IN OUR LETTER THAT WE WERE ASKING FOR TESTIMONY. JUST SO THAT WAY WHEN

[01:40:03]

YEAH, OUR POSITION IS THAT WE DON'T BELIEVE THAT THAT EASEMENT IS NEEDED BASED UPON OUR KNOWLEDGE AT THIS POINT IN TIME. AND IF THAT'S THE CASE, WE CAN CERTAINLY VACATE THAT. OKAY. SO, MAKE THAT A CONDITION. EXTINGUISH. OKAY. YES, PAGE FIVE, ITEM NUMBER 32, THERE WERE SOME TREE PROTECTION FENCE THAT'S ON THE ADJOINING PARCEL. IT SOUNDS LIKE IT'S TOWNSHIP OWNED PROPERTY, AND IT'S GOING TO BE JUST A TEMPORARY, TREE PROTECTION FENCE. WE JUST EXTENDED IT ONTO THE PARK PROPERTY TO PROTECT THE TREE A LITTLE BIT MORE, BUT WE DON'T NEED AN EASEMENT FOR THAT, SO WE THINK THAT THAT SHOULD BE FINE. OKAY, SO THAT'S JUST THAT FOR ME. LET'S GET A CHECK. LIKE YOU GOT A CHECK. EXACTLY PAGE NUMBER SIX, THIS IS ITEM NUMBER 36, A, THIS IS MORE OF A TECHNICAL COMMENT. IT SOUNDS LIKE YOU'RE GOING TO AGREE TO ALL THE STORMWATER WE'RE JUST ASKING FOR, SINCE THERE'S GOING TO BE SOME ROOF RUNOFF GOING ONTO THE SURFACE COURSE THAT THERE SHOULD BE SOME TYPE OF, PRETREATMENT, WHETHER IT'S LEAF, THEY AGREE THIS ONE I THIS IS ALREADY A CONDITION THAT THEY DIDN'T TALK ABOUT IT, AND THE LAST ONE THAT WASN'T. I JUST WANT TO MAKE SURE IT'S CLEAR FOR EVERYBODY. SO SINCE THIS PROJECT IS COMING IN, JUST UNDERNEATH THE REQUIREMENT FOR THE THRESHOLD WITH THE HALF ACRE, WHAT ITEM NUMBER, IT'S NOT AN ITEM. IT'S JUST A GENERIC COMMENT. IT'S KIND OF A CULMINATION OF A FEW. SO I JUST WANT TO MAKE SURE THAT WE HAVE IT CLEAR, THE DISTURBANCE SHOULD BE STAKED OUT AND AN AS BUILT SURVEY SHOULD BE PROVIDED AT THE END OF CONSTRUCTION TO ENSURE THAT WE'RE STAYING UNDERNEATH THAT. YOU'RE SAYING STAKE OUT DISTURBANCE PRIOR TO CONSTRUCTION, AND IT SHOULD BE REVIEWED BY THE TOWNSHIP ENGINEER'S OFFICE JUST TO MAKE SURE THAT WE'RE STAYING WITHIN THAT HALF ACRE TO BE REVIEWED BY TOWNSHIP ENGINEER. AND THEN YOU'RE SAYING AS BUILT AS BUILT IS REQUIRED PER THE TOWNSHIP'S ORDINANCE ANYWAY. BUT JUST AGAIN, SO YOU'RE SAYING THE ASPHALT SURVEY SHOULD INCLUDE THE AREA OF DISTURBANCE? YES, AND IN ADDITION TO THAT, IN THE IT'S KIND OF HARD TO SEE ON THE TOP LEFT PORTION OF THE PROPERTY WHERE THE STREAM CORRIDOR COMES IN, IT'S NOT SHOWN ON THIS PLAN, BUT IF DO YOU HAVE A DO YOU HAVE A PLAN THAT SHOWS YOUR LIMITS OF DISTURBANCE? OH, THERE YOU GO. SO THE HEAD WALL THAT'S UP IN THAT SECTION. IT'S THE LIMITED DISTURBANCE LOOKS OR IT APPEARS ANYWAY THAT IT, IT TOUCHES OR GOES RIGHT UP TO THE STREAM CORRIDOR. SO AGAIN, AS WE'RE STICKING OUT DURING CONSTRUCTION, WE WANT TO MAKE SURE THAT WE'RE OUTSIDE OF THAT. THAT'S IT. THANK YOU. YEP I, I HAD SOME QUESTIONS, IS THERE A REASON THAT YOU'RE NOT INCLUDING A SIDEWALK ON THE, BURNT HILL ROAD SIDE OF THE BUILDING? IT'S REALLY NOT NEEDED FROM AN EGRESS STANDPOINT. SO WE WANTED TO KEEP THAT INTO THE BUILDING OPEN AND HAVE IT AVAILABLE FOR LANDSCAPING, WHICH I THINK WE'RE GOING TO MOVE SOME OF THAT PLANT MATERIAL TO SORT OF BUFFER THE BUILDING IN THE FRONT, BUT REALLY WE LOOKED AT WHAT THE FUNCTIONAL REQUIREMENTS WERE FOR THE BUILDING, AND THAT'S THE PATIO, THE EGRESS DOORS, WHICH ARE EMERGENCY ONLY, AND THEN THE SIDEWALK AROUND TO GET TO THE PARKING LOT. SO WE ARE WE WERE LOOKING FOR A VARIANCE FOR IMPERVIOUS COVERAGE. SO IN AREAS WHERE IT WAS DUPLICATIVE, WE MADE A DECISION TO PUT LANDSCAPING THERE SO IT'S EASIER FOR THEM, FOR ANYONE TO, HAVE TO WALK AROUND AND COME AROUND THE OTHER SIDE OF THE BUILDING WHERE THERE'S NOT A SIDEWALK, BECAUSE IF. YEAH, THEY WOULD NORMALLY COME AT THE, COMMUNITY ROOM. REALLY? IT'S A SPILL OUT AREA FROM THE COMMON SPACE WITHIN THE BUILDING. SO THEY WOULD COME OUT ONTO THE PATIO AND THEN GO BACK IN AND GO RIGHT TO THE TO THE ENTRY FOR AN EMERGENCY. THEY WOULD HAVE TO COME OUT AND THEN GO ALL THE WAY AROUND THE BUILDING VERSUS JUST GOING AROUND TO THE, TO THE RIGHT. MR. SURE SO IN THIS, CAN YOU HEAR M, MR. VAN DIKE? YEAH. KYLE VAN DIKE SO IN THIS AREA HERE, THIS IS THE COMMUNITY AREA. SO PEOPLE THAT ARE IN HERE, CAN WE PUT THE ARCHITECTURAL DRAWING UP THERE SO THEY CAN SEE, THEN WE HAVE TO GET THE OTHER COMPUTER UP. SO REALLY, IT WOULD BE. BUT THE IDEA THOUGH IS THAT WE IN THE COMMUNITY AREA, THE TWO MEANS OF EGRESS HAVE TO BE APART FROM

[01:45:02]

AND THAT'S THAT'S WHAT THAT DOES IN THE BEDROOM AREAS. WE HAVE TO GET THEM DIRECTLY OUTSIDE FROM THEIR BED BECAUSE THAT'S THE EVACUATION PROCEDURE. BUT IN THIS SIDE OF THE BUILDING HERE, IT'S A COMMUNITY AREA, AND I THINK WHAT JIM WAS SAYING WAS, OR THE ENGINEER WAS SAYING WAS THAT THIS IS THE PART THAT'S PICKING UP THAT FOR WHAT WE'RE TRYING TO MINIMIZE THE AMOUNT OF HARD SURFACES ON THE SITE. AND SO THEREFORE IT IT'S MUCH NICER TO HAVE THE I COULDN'T SEE THE PEOPLE THAT ARE IN THIS BUILDING ARE NOT JUST GETTING OUT THE DOOR AND WALKING AROUND. ASK YOURSELF IF YOU PUT A SIDEWALK ON THAT SIDE, YOU'D HAVE TO. WHATEVER SQUARE FOOTAGE THAT WOULD ADD, YOU'D HAVE TO TAKE IT OFF THE PATIO OR YOU'D BE OVER 0.49, RIGHT? YEAH SO WE WERE WE WERE WE WERE MAKING IT AS EFFICIENT AS POSSIBLE FOR THE EGRESS POINTS WHERE WE HAD THEM.

SO MY OTHER QUESTION IS THE ORIGINAL HOUSE, DOES IT FACE BURNHILL OR DOES IT FACE THE SAME DIRECTION THAT THIS BUILDING IS GOING TO FACE? IT PRETTY MUCH FACES THE SAME DIRECTION BECAUSE IT WAS A IT WAS ACTUALLY A22 HOMES. IT WAS ONE HOME AT ONE POINT. BUT THAT WAS SO THE FRONT DOOR IS BECAUSE THE ADDRESS IS 148. OKAY. YEAH SO HERE, HERE'S THE HOUSE RIGHT HERE. SEE THIS THIS LITTLE SHADED AREA HERE. THIS IS THE THIS IS THE HOUSE RIGHT IN HERE.

THE FRONT DOOR IS RIGHT THERE. AND IT FACES THE SAME SIDE AS THE AS THE COMMUNITY SIDE OF THE DOOR. OKAY AND, THANK YOU. IN TERMS OF, EMERGENCY VEHICLE, I DON'T KNOW IF ANYONE ELSE ASKED THAT, IS THERE SUFFICIENT TURNAROUND FOR EMERGENCY VEHICLES COMING IN A FIRE TRUCK? I BELIEVE THAT THERE WAS A FIRE REVIEW BY THE FIRE OFFICIAL, WHICH HIS ONLY CONDITION WAS THAT HE ASKED FOR US TO PUT, NO PARKING, FIRE LANE STRIPING IN FRONT OF THE BUILDING, AS I MENTIONED, AND ON THE DRIVEWAY. SO HE CONCURRED THAT THEY WERE. AND YOU AGREED WITH THAT BECAUSE YOU DIDN'T TAKE ANY EXCEPTION TO HIS REPORT, RIGHT? NO, I SAID THAT WAS FINE WITH US. YEAH, YEAH. WE ACCEPT THIS REPORT. OKAY. GREAT. THANK YOU. OKAY, I THINK WE SHOULD OPEN UP TO PUBLIC COMMENT HERE. YEAH FIRST, FOR ANY QUESTIONS FOR THE PLANNER OR ENGINEER FROM THE PUBLIC. NONE. ALL RIGHT, ALL RIGHT. SO DOES THAT CONCLUDE YOUR TESTIMONY THEN WE CAN OPEN IT UP TO PUBLIC COMMENT. YEAH. YES GREAT. ALL RIGHT. IS THERE ANYBODY HERE FROM THE PUBLIC THAT WANTS TO MAKE ANY COMMENTS, OR EXPRESS ANY OPINIONS ABOUT THIS APPLICATION? NONE. ALL RIGHT. GREAT. ALL RIGHT, I'LL OPEN UP TO BOARD. DO YOU WANT TO WAIVE THE CLOSING? YEAH, A WAVE CLOSING. I JUST RESPECTFULLY ASK THAT THE BOARD GRANT THE RELIEF REQUEST. OKAY, GREAT. GREAT, GREAT. ALL RIGHT, BOARD DELIBERATION HERE FOR THIS APPLICATION. SO BASICALLY, THE 22FT. I CAN'T HEAR YOU. I MEAN, WE'RE AGREEING TO THAT. YOU GOT A MICROPHONE, SO WE'RE AGREEING TO THE 22FT. THE 2.5IN AND NO SIDEWALK. YEAH, YEAH. OKAY. AND ALL THE VARIANCES AND. YEAH. ALL RIGHT. MAKE SENSE? NO ONE'S GOING TO SAY ANYTHING. I'D LIKE TO. I'D ACTUALLY LIKE TO, WE'D MENTIONED THE CONDITION OF USE OF, LIKE, THE WHITE, TRIM. I DON'T THINK WE SHOULD SPECIFY THAT. I MEAN, YEAH, IT'S UP TO YOU. IT'S YOU KNOW, IT'S RIGHT ALONG THE STREET. IF IT'S IN A PROMINENT AREA, YOU HAVE THE RIGHT THAT YOU COULD. I JUST TOLD THEM TO. WHAT? HE SAID YOU DON'T HAVE TO SINCE WE DIDN'T REALLY SEE IT. I DON'T WANT TO SPECIFY THAT. SO THAT'S NOT NOT IMPORTANT IN MY OPINION. WHAT CAN YOU JUST FIND OUT HOW THE BOARD FEELS ABOUT THAT STRAW POLL? THE BOARD. DO YOU WANT TO IMPOSE A CONDITION THAT WHAT THEY SAID THE BUILDING'S GOING TO LOOK LIKE IT'S GOING TO LOOK LIKE OR. NO MATTER. THEY SAID IT CAN LOOK LIKE THAT. BUT IF THEY WANT TO MAKE IT PINK, YOU KNOW, PINK, POLKA DOTTED, THEY CAN. IT'S NOT NO, IT'S NOT GOING TO BE PINK POLKA DOTTED. I JUST SAY THE WHITE SUB. WELL THEN WE CAN MAKE IT SUBJECT TO, SO YOU'RE GOING TO DELEGATE IT TO ONE OF YOUR EXPERTS? I THINK SO, I JUST DON'T THINK THAT WHITE TRIM IS THE EXACTLY NEEDED. I MEAN, THERE'S THERE ARE MANY TYPES OF TRIM THAT ARE BETTER THAN WHITE TRIM THAT ARE MORE SO OTHER THAN THE TRIM. THE HE TESTIFIED ABOUT THE COLOR OF THE ROOF, THE COLOR OF THE OUTSIDE, A LIGHT COLOR, AND A MATCHING TRIM. YEAH, A LIGHT GRAY FOR THE ROOF AND A LIGHT COLOR FOR THE BUILDING AND TRIMS UP TO THEM. YEAH DOES ANYONE HAVE A PROBLEM WITH. I

[01:50:04]

NO WHAT COLOR WOULD YOU LIKE? MARILYN I YEAH, THAT'S WHY I THOUGHT INSTEAD OF TELLING THEM WHAT COLOR TO DO. YOU'RE JUST SAYING THAT WHAT THEY SAID THEY HAVE TO DO, THEY SAID THE VINYL SIDING IS GOING TO BE A LIGHT COLOR. THEY CAN PICK, YOU KNOW, TAN. THEY CAN PICK LIGHT GREEN, LIGHT BLUE. THE ROOF'S GOING TO BE LIGHT GRAY. THEY COULD PICK THE DIFFERENT SHADES OF LIGHT GRAY OKAY. A NEUTRAL IS A NEUTRAL A BETTER DESCRIPTION I WOULD SAY ME, I'M JUST THE SCRIVENER. YOU GUYS. MY GOAL HERE WAS TO NOT SPECIFY TOO DIRECTLY WHAT THEY CAN DO, BUT A, YOU KNOW, PLEASANT COLOR THAT'S A LIGHT NATURE. THAT COLOR. YEAH YEAH. I KNEW YOU WERE GOING TO FORCE NEUTRAL. OKAY. I NEUTRAL A NEUTRAL COLOR A NEUTRAL IS. YEAH. IS IN THE WEIGHT AND LIGHT BEIGE FAMILY AND GRAY FAMILY. HOW ABOUT THAT'S NEUTRAL RIGHT. I MEAN WHAT'S THE NEUTRAL COLOR. THE VINYL SIDING. YEAH VINYL SIDING SHALL BE A NEUTRAL COLOR OF IN THE GRAY BEIGE OR WHITE FAMILY. THERE'S THAT'S NEUTRAL. OKAY. LISTEN, I MEAN, OKAY, WE'RE JUST TRYING TO HELP. I MEAN, WHAT ARE YOU SUGGESTING? OKAY, SO WE'VE DONE A TON OF THESE HOUSES AND WE DO HOUSES ALL THE TIME. WE CAN'T HEAR YOU. WE CAN'T HEAR YOU. SO WE DO A LOT OF HOUSES AND WE MAKE SURE THINGS BLEND IN REALLY WELL. AND THE COLORS, THE COLORS WERE THE COLORS WERE GOING TO BE PICKING ARE GOING TO BE WE LIKE THE LIGHTER SIDE, NEUTRAL OR EVEN NATURAL COLORS, SOMETHING THAT BLENDS IN NICELY. LIGHT SLASH NATURAL. IT'S I CAN'T TELL YOU WHAT THE COLOR IS BECAUSE THAT IS A WHOLE OTHER SIDE OF THE LIGHT. SLASH NATURAL COLOR. AND THE TRIM MIGHT NOT BE WHITE. IT COULD BE SOMETHING THAT ACTUALLY COMPLEMENTS THE COLOR TO MENTION THE TRAIN, RIGHT? SO ROOF TRUST US AS ARCHITECTS I GUESS TO AND CAN THAT BE REVIEWED BY THE BY OUR PROFESSIONALS. IT CAN DO YOU WANT TO MAKE YOUR PROFESSIONALS BE RESPONSIBLE FOR PICKING THE COLOR OF THEIR BUILDING? AS LONG AS THEY'RE NOT COLORBLIND? NO, I DON'T WANT TO. ANY OF YOU PROFESSIONALS WANT TO VOLUNTEER? WELL MY POINT IS, WE SHOULDN'T BE PICKING THE COLOR EITHER. FOR THIS PARTICULAR THING. SO THEY PROPOSED SOMETHING AND ALL. I'M SUGGESTING YOU WERE THE ONE THAT SAID THE WHITE. SO NO, HE SAID THE WHITE TRIM. I JUST WROTE IT DOWN. I DON'T THINK SO. LISTEN I SAID, I DIDN'T KNOW, BUT I'M JUST TELLING YOU, I'VE SEEN WITNESSES. I SAW A HOUSE IN WEST ORANGE. I NEEDED A VARIANCE FOR THE LOT SIZE. AND THEY HAD THIS DISCUSSION. ALL RIGHT. WELL, LET'S GO ON. I WE HAVE WE HAVE. SO, SO WE HAVE A LIGHT, NATURAL COLOR AND WE HAVE A LIGHT GRAY, A LIGHT COLOR. IT BLENDS WITH THE GOING TO COMPLEMENT THE COMPLEMENT THE ROOF. RIGHT. THE HOUSE IT'S GOING TO BE BEAUTIFUL COMPLIMENT. SORRY I OPENED UP THAT CAN OF WORMS. YEAH. YOU ASKED FOR IT I IT'S BECAUSE NOBODY SAID WHITE EXCEPT YOU. BUT I KNOW WHITE TRIM RIGHT, RIGHT. BACK TO DELIBERATIONS. YEAH. BEFORE WE. I HAVE NOTHING ELSE. NO MORE, NO MORE. ALL RIGHT. IF THERE'S NO DELIBERATIONS, FINE. SOMEONE WANT TO MAKE A MOTION TO GRANT ALL THE RELIEFS? DID WE DO PUBLIC? WE DID PUBLIC COMMENT AND EVERYTHING. YEAH. GREAT. SO CAN WE MAKE A MOTION TO. I'LL MAKE A MOTION, PLEASE. GRANT WELL, YOU HAVE TO MAKE A MOTION TO APPROVE THE APPLICATION WITH WITH ALL THE SUBJECT TO ALL THE CONDITIONS. YEAH. GREAT. THANKS.

MR. SHAW. WAIT ONE. I'M SORRY, MR. SHAW CAN'T VOTE. SO I CAN'T MAKE A MOTION. SEVEN REGULAR MEMBERS. I'LL MAKE A MOTION TO APPROVE IT. SUBJECT TO THE CONDITIONS OUTLINED. GREAT.

THANKS, MR. WOOD. I'LL SECOND. THANKS, MISS BRUNSON, ROLL CALL, PLEASE. BRONZE? YES BLAVATSKY.

[01:55:03]

BLOCK 7016, LOT ONE SIX, COMMONLY KNOWN AS SIX LIVINGSTON DRIVE. THIS IS A RESOLUTION CONDITION MODIFICATION. AFFIDAVIT OF NOTIFICATION AND PUBLICATION WAS REQUIRED. GREAT, MR. GRANT. OKAY. ALL RIGHT. THANK YOU, THANK YOU. CAN YOU RAISE YOUR RIGHT HAND? DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'RE GOING TO GIVE IN? THIS MATTER WILL BE THE TRUTH. THE WHOLE TRUTH. NOTHING BUT THE TRUTH. I DO. OKAY, YES, I'M JEFF GRANT, SIX LIVINGSTON DRIVE, IT WAS 18 YEARS AGO THAT I WAS HERE FOR A VARIANCE TO BUILD A CARRIAGE HOUSE ON MY PROPERTY.

AT THAT TIME, THE ZONING BOARD ASKED ME TO, COME BACK. THE PLAN WAS AT THE TIME TO CONVERT, THE UPSTAIRS OF THE CARRIAGE HOUSE TO AN OFFICE. A SMALL HOME OCCUPATION OFFICE. THE ZONING BOARD SAID, WELL, WE'LL GIVE YOU THE VARIANCE TO BUILD THE BUILDING, BUT YOU GOT TO COME BACK TO US WHEN YOU'RE READY TO TURN IT INTO AN OFFICE. SO. SO HERE I AM 18 YEARS LATER. I SAID, CAN I, I WANT TO READ THE NOTICE THAT YOU SENT OUT TO NEIGHBORS. I THINK THIS IS THE BEST EXPLANATION FOR THE APPLICATION. OKAY. DO YOU WANT ME TO READ IT? I'LL READ IT.

OKAY. SO THE NOTICE, IF YOU LOOK, HE APPLIED BY A LETTER DATED JUNE 12 THAT SAYS I'M WRITING TO REQUEST A MODIFICATION OF CONDITION NUMBER ONE OF RESOLUTION FOR BA 1505 DATED FEBRUARY 19, 2006. THE NOTICE SAYS, DEAR NEIGHBOR, I HAVE APPLIED TO THE MONTGOMERY ZONING BOARD OF ADJUSTMENT TO ELIMINATE A CONDITION OF A PRIOR VARIANCE TO PERMIT THE SECOND FLOOR OF THE DETACHED GARAGE LOCATED AT THE PREMISES, TO BE USED FOR A FOR PROFIT HOME OCCUPATION. THE BOARD HAD PREVIOUSLY GRANTED C BULK VARIANCES IN 2006. AN APPLICATION NUMBER BA 1505, TO ALLOW THE CONSTRUCTION OF A TWO STORY GARAGE 27.5FT HIGH, WHERE THE MAXIMUM HEIGHT OF AN ACCESSORY STRUCTURE IS 25FT, AND TO DEVIATE FROM THE SIDE YARD SETBACK REQUIREMENT, THE PRIOR C BULK VARIANCES TO ALLOW CONSTRUCTION OF THE TWO STORY GARAGE CONTEMPLATED THE USE OF THE SECOND FLOOR OF THE GARAGE FOR STORAGE AND A CHILDREN'S PLAY AREA, BUT ALSO CONTEMPLATED THE LONG TERM PLAN TO CONVERT THE SECOND FLOOR AREA FOR A PERSONAL OFFICE. THE PRIOR VARIANCES, HOWEVER, WERE GRANTED SUBJECT TO A CONDITION THAT A DEED RESTRICTION BE RECORDED WHICH PROHIBITED THE GARAGE, INCLUDING BUT NOT LIMITED TO, THE SECOND FLOOR, FROM BEING USED FOR AN OCCUPATION, BUSINESS OR SERVICE. FOR PROFIT OR AS HABITABLE LIVING SPACE SUCH AS A BEDROOM OR APARTMENT, AND THE DEED RESTRICTION COULD BE LIFTED IF THE BOARD APPROVED SAME ON AN APPLICATION SUBMITTED TO IT. I HAVE NOW SUBMITTED SUCH AN APPLICATION TO THE BOARD, AND THE BOARD WILL HOLD A HEARING ON MY APPLICATION ON TUESDAY, JULY 23RD, ETC. ETC. SO HE'S HERE TONIGHT TO SEEK A MODIFICATION SO HE CAN HAVE NOT SIMPLY A HOME OCCUPATION OFFICE, BUT AN OFFICE. I WANT TO GET THE EXACT WORDING WHAT YOU NEED LIFTED MODIFIED OUT OF THE OUT OF THE VARIANCE CONDITION. HE WANTS TO USE IT FOR AN OCCUPATION, BUSINESS OR SERVICE FOR PROFIT AND THAT'S WHAT HE WANTS. ELIMINATED. THAT'S WHAT HE WANTS ELIMINATED BY MODIFICATION OF THE CONDITION. CORRECT CORRECT. AND LIFTING THE DEED RESTRICTION TO BE ABLE TO DO SO. RIGHT? RIGHT. SO WELL THAT'S BASICALLY THE BACK STORY. AND I'M HERE TO, YOU KNOW, SHOW YOU WHAT THE PLAN IS GOING TO LOOK LIKE FOR THE OFFICE, ON THE SECOND FLOOR AND ANSWER ANY QUESTIONS YOU MIGHT HAVE. I HAVE IN FRONT OF ME THE PLOT PLAN FOR THE SITE. I HAVE THE FLOOR PLAN FOR THE OFFICE AND SECOND FLOOR. I HAVE PICTURES ALL AROUND THE PROPERTY SO YOU CAN SEE WHAT IT LOOKS LIKE FROM ALL FOUR SIDES, THIS IS THE OFFICE AREA, WE'RE IMPORTING THE AREA TO NOW STOP ME. IF YOU WANT TO STOP ME, I'LL JUST KEEP GOING WHERE THERE IS RIGHT NOW. THIS IS THE FRONT WINDOW. THIS FACES THE ROAD. THERE'LL BE A DESK HERE. PRINTER WILL BE HERE. TWO FILE CABINETS HERE AND A SMALL TABLE HERE. THE REST OF THE SPACE WILL BE ENTERTAINMENT. THERE'LL BE A FOOSBALL TABLE HERE. SO FOR HERE, TV AND STEREO HERE. AND THE OTHER SIDE OF THE STAIRWAY, THE BACK OF THE BUILDING GOING TO BE TWO BOOKCASES. SO THAT'S HOW THE BUILDING IS GOING TO BE LAID OUT. IT'S A SMALL OFFICE, LESS THAN 200FT■!S. AND THAT'S THAT'S THE LAYOUT OF THE OFFICE. SO THAT'S WHAT THAT LOOKS LIKE. I'LL GO ON TO THIS IS A THIS IS

[02:00:07]

SORRY, A LITTLE JUMPY HERE. WOW. JUMPING MOUSE. YEAH. I'M GOING TO DO THE SLIDE BAR. SO HERE'S LIVINGSTON DRIVE. SO YOU CAN SEE THIS IS THE CARRIAGE HOUSE DRIVEWAY EMPTIES ONTO THE LIVINGSTON DRIVE. AND THEN THE TWO STORY SINGLE FAMILY DWELLING IS HERE. WHAT YOU'RE SAYING IS THE CARRIAGE HOUSE IS THE GARAGE. IT'S A GARAGE. YEAH. RIGHT CALL IT WHAT IT SAYS ON THE PLAN. SO THERE'S NO CONFUSION. OKAY. IT'S A GARAGE. THAT'S A 20. IT'S A 24 BY 40 GARAGE, OTHER NOTABLE OTHER NOTABLE VIEWS ARE, SORRY TO JUMP AROUND, THIS IS WHAT IT LOOKS LIKE FROM THE FRONT. STANDING ON LIVINGSTON DRIVE. YOU CAN SEE THE WINDOW THAT I SHOWED ON THE OFFICE PLAN. THAT'S THAT'S WHERE THE DESK WOULD BE FACING, THIS WOULD BE THE IF YOU'RE FACING THE GARAGE. THIS IS THE LEFT SIDE LOOKING FROM THE BACK TOWARDS LIVINGSTON DRIVE, THIS IS THE BACK. THE VERY BACK OF THE PROPERTY. LOOKING AT THE BACK OF THE OF THE GARAGE, YOU CAN SEE THAT'S THE, THE WINDOW AT THE SECOND FLOOR IS UP AT THE TOP THERE, THIS IS A SIDE VIEW.

I'M STANDING ON THE SIDEWALK AND TOWNSHIP LINE ROAD LOOKING AT LOOKING AT THE CARRIAGE, AS YOU CAN BARELY SEE IT THROUGH THE TREES. THERE AND, THAT'S THAT, I GUESS THE ONLY OTHER THING AND WE CAN TALK ABOUT WHATEVER YOU WANT TO TALK ABOUT, BUT THE ONLY OTHER THING TO SHOW YOU IS THERE'LL BE A SIGN THIS IS MY BUSINESS, ENERGY PLUS SOLUTIONS. IT'S APPROXIMATELY 12IN WIDE AND TEN INCHES HIGH. THAT WILL BE SUSPENDED. OVER BY THE MAILBOX AT LIVINGSTON DRIVE. AND THAT'S THE ESQUE, ARE THERE ANY QUESTIONS? YOU'RE. I'M SORRY. THE LAST STATEMENT. IT'S GOING TO BE ON THE MAILBOX. IS THAT RIGHT? IS THAT THE SIGN? WHERE? THE SIGN. WHERE'S THE SIGN GOING TO BE? WHERE'D YOU SAY THE SIGN IS GOING TO BE? I WAS GOING TO. I WAS GOING TO HANG IT BELOW THE MAILBOX. AND THEN THAT THERE IS A PROPERTY ON ADAMS NOT FAR FROM WHERE I LIVE. THERE'S A DOCTOR THERE. THEY HAVE THE SAME SIGN. LOOKS VERY NICE. I LIKE THE IDEA. SO I'M PLANNING ON DOING THE SAME THING. SO THERE'S NO NEW CONSTRUCTION HERE AT ALL. RIGHT. IF I UNDERSTAND IT RIGHT.

WELL, I GOT TO PUT A FLOOR IN AND THAT KIND OF THING, BUT IT'S ONLY INSIDE YOU'RE DOING. YOU'RE DOING INTERIOR RENOVATION. YOU'D BE PROPOSING INTERIOR RENOVATIONS TO ACCOMMODATE YOUR OFFICE ON THE SECOND FLOOR OF THE GARAGE, CORRECT? THAT'S CORRECT. YEAH HOW MUCH ADDITIONAL TRAFFIC MIGHT THERE BE BECAUSE OF THE BUSINESS? IT'S JUST ME. I'M JUST, SINGLE EMPLOYEE. IT'S MY CONSULTING PRACTICE. OKAY SO, YOU KNOW WHAT? LET ME GET THE ZONING OFFICER SWORN IN BECAUSE I GOT SOME ZONING QUESTIONS. YEAH. CAN YOU FIRST IDENTIFY YOURSELF FOR THE RECORD, MATTHEW GILLEN, ZONING OFFICIAL AT MONTGOMERY TOWNSHIP. OKAY. CAN YOU RAISE YOUR RIGHT HAND? DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU GIVE WILL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO OKAY. SO, CAN YOU TELL THE BOARD IS THE HOME OCCUPANT? IF THE CONDITION WAS NOT IN HIS RESOLUTION ON THIS VARIANCE? RIGHT. SO LET'S SAY THAT WHEN HE APPLIED THIS, THERE WAS NO CONDITION LIKE THAT, RIGHT? COULD HE HAVE THIS PROPOSED HOME OCCUPATION IN THIS IN HIS, HOME? YES. VIA, ZONING APPLICATION. RIGHT. HE COULD FILL OUT A ZONING APPLICATION. AND IF IT WEREN'T FOR THIS CONDITION, HE COULD HAVE A HOME OCCUPATION. CORRECT? CORRECT. WHAT ABOUT THE SIGN? COULD HE HAVE A SIGN? SO LONG AS IT'S NOT OVER TWO SQUARE FEET, PER THE ORDINANCE, IT HAS TO BE ON THE SIDE OF THE MAILBOX, NOT UNDER.

OKAY, SO IT CAN'T. THE SIGN CAN'T HANG FROM THE MAILBOX. IT HAS TO BE ON THE SIDE OF THE MAILBOX. CORRECT. YOU HAVE A PROBLEM PUTTING THE SIGN ON THE SIDE OF THE MAILBOX? WELL I'LL FIGURE IT OUT. OKAY, SO WHATEVER. TO COMPLY WITH THE ORDINANCE, YOU'RE WILLING TO DO IT, CORRECT? YES. ALL RIGHT. JUST CONFIRMING WHAT THE ZONING REQUIREMENTS WERE FOR THE SIGN.

SO THANK YOU. AND I WANTED EVERYONE TO ALSO UNDERSTAND IF THE CONDITION WASN'T IN THAT RESOLUTION, IT WOULDN'T BE HERE TONIGHT. OKAY. UNDERSTOOD ALL RIGHT. SO I HAVE A QUESTION, SO I'M TRYING TO BETTER UNDERSTAND WHY THE ZONING BOARD AT THE TIME PUT THAT CONDITION IN THE RESOLUTION. I AM NOT TESTIFYING, BUT I HAVE THAT RESOLUTION HERE. I'M GOING TO READ FROM THE RESOLUTION BECAUSE I THINK IT'S SELF-EXPLANATORY. SO THE RESOLUTION ON PAGE THREE,

[02:05:11]

THAT'S FINE. THANK YOU. THIS DIAGRAM SHOWS THIS UPPER LEVEL ABOVE THE GARAGE, RIGHT? I CAN'T HEAR YOU, MIKE. SORRY. THE DIAGRAM SHOWS THE UPPER LEVEL ABOVE THE GARAGE. SECOND FLOOR.

THE GARAGE. CORRECT. SECOND FLOOR. YEAH. YOU CAN SEE THE STEPS HERE WHERE YOU WALK. IF THE FOOTPRINT OF THE GARAGE IS, IS, IS HERE. THAT'S A FOOTPRINT OF THE GARAGE. BUT INSIDE THE GARAGE ARE STEPS. AND YOU COME UP AND YOU MAKE A RIGHT. THERE'S A SMALL AREA IN THE BACK AND YOU MAKE A LEFT. YOU GO INTO LARGER AREA AND THE DESK WILL BE OVER HERE. OKAY. THIS IS A 12 FOOT WIDE BY 40 FOOT SECOND FLOOR. AND THEN THE BASE GARAGE FOOTPRINT IS, 24 BY 40. AND THERE'S EXISTING HVAC. THERE'S NO NEED FOR ADDITIONAL OR ANYTHING LIKE THAT. I'M SORRY. I CAN BARELY HEAR YOU. THERE'S A HE WANTS TO KNOW, DO YOU HAVE EXISTING HVAC UP THERE OR ARE YOU GOING TO HAVE TO PUT IT IN? IT'S THERE. IT'S EXISTING. OKAY. YOU GUYS GOT TO SPEAK WITH A LOUD VOICE LIKE I DO. OH, GEEZ. I'LL KEEP THAT IN MIND. YOU'RE THE INTERPRETER. ANY OTHER QUESTIONS? ALL RIGHT. I'LL OPEN UP TO THE MEMBERS OF THE PUBLIC. PLEASE LET ME MAKE A SUGGESTION THAT THEY BE ABLE TO ASK QUESTIONS AND MAKE COMMENTS. I THINK IT'LL BE MORE EFFICIENT.

SO I'M GOING TO. ARE YOU ARE YOU OKAY WITH THAT COMES UP? I'M GOING TO SWEAR YOU IN SO YOU CAN ASK QUESTIONS AND MAKE COMMENTS IF YOU WANT. ALL RIGHT. COME RIGHT. COME RIGHT UP TO HERE. SO FIRST RAISE YOUR RIGHT HAND. DO YOU SWEAR OR AFFIRM THAT ANY TESTIMONY YOU'RE GOING TO GIVE WILL BE THE TRUTH, THE WHOLE TRUTH? NOTHING BUT THE TRUTH. CAN YOU IDENTIFY YOURSELF, PLEASE? WAIT FOR ME. YOU'RE GOING TO HAVE TO SPELL YOUR FIRST AND LAST NAME. I'M VERY.

IF YOU WERE HERE LAST TIME, I'M VERY BAD. THIS? YES TO TALK INTO THE MICROPHONE. YOU GOT TO. AND YOU GOT TO TALK INTO THAT MICROPHONE. THANK YOU. OKAY, A S H. LAST NAME IS JEFF CHAN. D C H A N D OKAY. 643 WAY ABOUT THE COUPLE HOUSES DOWN. OKAY. CAN EITHER ASK SOME QUESTIONS, TESTIFY WHATEVER YOU WANT TO DO. SO CAN YOU SPEAK INTO THE MICROPHONE A MICROPHONE, WHAT KIND OF BUSINESS IS THIS? ARE WE GOING TO EXPECT DELIVERIES OR DID THE CLIENTS COME? NO. NO CLIENTS. MIKE I GO TO MY CLIENTS, I DRIVE OFF, TELL YOU WHAT. START LIKE THIS. WE'RE GOING TO BREAK IT DOWN. NO, NO MULTIPLE TYPE QUESTIONS. WHAT TYPE OF BUSINESS? WHAT TYPE OF BUSINESS ARE YOU GOING TO BE OPERATING IN? ALL RIGHT, I'M A CONSULTING ENGINEER AND MY

[02:10:04]

PAPER AND TONER. SO WHAT KIND OF STUFF WILL BE STORED AT THIS PLACE? ARE YOU GOING TO HAVE HAZARDOUS MATERIALS? ARE YOU GOING TO HAVE, YOU KNOW, WITH THIS BUSINESS CONSULTING, ARE YOU GOING TO. IT'S AN INVENTORY. NOTHING LIKE THAT. NO. NOTHING HAZARDOUS. IT'S, PRINTER TONER AND PAPER. AND THAT'S PRETTY MUCH IT. CLASSES. ALSO, I WANT TO MAKE IT CLEAR TO THE BOARD AND ANY MEMBERS OF THE PUBLIC. MR. GRANT IS NOT HERE FOR A USE VARIANCE. OKAY. IN OTHER WORDS, THE PROPOSED USE IS PERMITTED. A HOME OCCUPATION IS PERMITTED. RIGHT SO I NO, NO, I'M NOT I'M NOT ARGUING WITH YOU. I'M JUST I JUST WANT TO MAKE SURE EVERYONE'S ON THE ON THE SAME PAGE. WHAT? HE WHAT? HE NEEDS A RELIEF. HE NEEDS IS RELIEF FROM THIS CONDITION OF THE PRIOR VARIANCE. AND I WAS ASKED BY A BOARD MEMBER WHY WAS THAT IMPOSED? AND I WASN'T THERE. BUT TO THE BEST OF MY INTERPRETATION, THAT'S WHY. BUT SO I THINK I MEAN, I'VE BEEN THERE QUITE A WHILE, AND I REMEMBER WHEN HE BUILT THE, BIG SHED RIGHTS OVER 25FT LONG. SO I'M FAMILIAR WITH WHY BRUCE BOLTON. OKAY SO I THINK ONE OF THE RESTRICTIONS WAS, YOU KNOW, RENTAL, MAKING AN APARTMENT AND ALL THAT. WE CAN'T HEAR YOU. ONE OF THE RESTRICTIONS WAS IT WASN'T MEANT TO BE RENTABLE. IT WASN'T MEANT TO BE AN APARTMENT. IT WASN'T MEANT TO BE A LIVABLE PLACE. OKAY RIGHT. HE'S NOT RIGHT. HE'S NOT ASKING FOR THAT RESTRICTION TO BE LIFTED. AND I READ THE LETTER. I COULD HAVE INTERPRETED THAT HE MAY HAVE BEEN ASKING FOR THAT. SO I WANT TO MAKE SURE THAT. OKAY, LET'S ASK YOU'RE NOT ASKING TO HAVE THE OTHER PART OF THE RESTRICTION LIFTED. YOU'RE ONLY ASKING TO HAVE THE PART OF THE RESTRICTION LIFTED THAT PROHIBITS A FOR PROFIT. YOU KNO, BUSINESS, CORRECT? CORRECT. IT'S A FOR PROFIT HOME OCCUPATION.

THAT'S THAT'S THE ONLY TO MAKE IT A PART. THERE'S NO THERE'S NO, BUT FORGET ABOUT THAT. DO YOU WANT THAT OTHER PART LIFTED? NO. YOU ONLY I JUST WANT IT TO BE A HOME OCCUPATION OFFICE.

YEAH. SO WHAT? THE ZONING BOARD TO KNOW THAT THAT RESTRICTION SHOULD STILL EXIST, RIGHT? YEAH IT'S RECORDED IN THE DEED. YEAH. OKAY HE'S GOING TO HAVE TO BE. IF THE BOARD GRANTS THIS, THE DEED RESTRICTION WILL BE AMENDED AT THAT PART OF THE RESTRICTION WILL REMAIN. THE PART THAT WILL COME OUT IS THE PROHIBITION ON THE FOR PROFIT HOME OCCUPATION. IS THAT CORRECT? THAT'S CORRECT, I THINK YOU ALREADY ANSWERED THIS, BUT I'LL ASK IT. JUST FOR THE RECORD, YOU'RE NOT GOING TO HAVE ANY EMPLOYEES OR ANYTHING. IT'S JUST YOU, RIGHT? NO. NO EMPLOYEES, JUST ME. WELL, I'M THE EMPLOYEE, SO. OKAY. ALL RIGHT. WELL, YOU'VE ALREADY ANSWERED SOME OF THESE, SO I'M NOT GOING TO GO INTO, THE SIGNAGE. IT'S NOT GOING TO BE A BIG SIGN, RIGHT? LIKE YOU'RE IT'LL BE IN ACCORD WITH THE ORDINANCE. OKAY, LET'S ASK THE ZONING ZONING OFFICER, CAN YOU PLEASE TELL US AGAIN, WHAT'S THE MAXIMUM SIZE SIGN? TWO SQUARE FEET. OH THE OUTSIDE APPEARANCE.

IS THAT GOING TO CHANGE AT ALL? NO, NO. ALL RIGHT. AND I THINK WE ALREADY ANSWERED. IT'S NOT GOING TO BE RENTABLE. IT'S JUST YOU. RIGHT. SO YEAH, THAT'S ALL I HAD. OKAY. THANK YOU. GREAT THANK YOU. DO YOU WANT TO MAKE ANY COMMENTS? ALSO, THE COMMENT WAS THAT IF THE BOARD'S GOING TO LIFT THE RESTRICTION, ONLY LIFT THE FOR PROFIT HOME OCCUPATION PART AND LEAVE THE OTHER RESTRICTION IN. CORRECT? THAT'S CORRECT. IT'S NOT RENTABLE. IT'S NOT LIVABLE. AND YOU KNOW, THERE'S ONLY GOING TO BE HIMSELF. IT'S NOT GOING TO BE EMPLOYEES, IT'S NOT GOING TO BE ANY DELIVERIES. AND THAT KIND OF STUFF. OKAY, WAIT A MINUTE. WAIT THE CONDITION IF THE BOARD GRANTS IT, THERE'S NOT GOING TO BE A CONDITION THAT SAYS HE CAN'T HAVE ANY DELIVERIES. I

[02:15:04]

OKAY. I CAN'T EVEN HEAR THAT. K O L HE ISN'T. VICTOR IT IS OKAY. I LIVE AT 690 TOWNSHIP LINE ROA.

OKAY, PRESIDENT, I HAVE BEEN A RESIDENT HERE FOR OVER 70 YEARS. MY FATHER WAS HERE BEFORE ME, SO I'VE BEEN A LONG TIME AREA RESIDENT. I'VE KNOWN JEFF SINCE HE FIRST MOVED IN. I MET HIM WHEN MY DOG RAN INTO HIS POOL GOING SWIMMING WITH THE KIDS. BUT THE CHARACTER OF THE PERSON, HE DID NOT HAVE ANY. HE WAS A VERY GOOD NEIGHBOR. THE CHARACTER OF THE PERSON IS IRRELEVANT. HOW DO YOU FEEL ABOUT THE PROPOSAL, ARTHUR PROPOSAL GOES, I APPROVE IT BECAUSE IT HAS NO IMPACT ON THE COMMUNITY, NO EXCESS PEOPLE COMING IN OR ANYTHING ELSE LIKE THAT. I ALSO HAVE A NOTE FROM ONE OF HIS OTHER NEIGHBORS. YOU CAN'T DO A NOTE FROM ANOTHER NEIGHBOR. YOU ONLY CAN SPEAK FOR YOURSELF. OKAY? OKAY. YEAH. AND I HAVE A WRITTEN NOTE FROM ANOTHER NEIGHBOR. BUT THAT'S ALL RIGHT. I SEE ABSOLUTELY NO REASON WHY HE CANNOT GET THE APPROVAL FOR THIS, BECAUSE AGAIN, IT HAS NO IMPACT ON THE NEIGHBORHOOD. OKAY. DO YOU BELIEVE THERE WILL BE NO NEGATIVE IMPACTS ON THE NO NEGATIVE IMPACT ON THE NEIGHBORHOOD WHATSOEVER? OKAY GREAT. THANK YOU. ANYONE ELSE? NO COME ON UP. JOIN THE PARTY.

YOU'RE GETTING PAID TO BE HERE, MIKE. ON THE TABLE THERE. YEAH. YOU CAN SIT. YOU DON'T. YEAH, YOU CAN SIT AT THE TABLE. YOU DON'T HAVE TO COME UP THERE IF YOU DON'T WANT AUSTIN. IF YOU WANT TO STAND AND YOU COME UP THERE, RAISE YOUR RIGHT HAND, PLEASE. DO YOU SWEAR OR AFFIRM THAT ANY TESTIMONY YOU'RE GOING TO GIVE IN THIS MATTER WILL BE THE TRUTH? THE WHOLE TRUTH? NOTHING BUT THE TRUTH. YES, I DO OKAY. PLEASE GIVE ME YOUR NAME. AND LAST NAME. FIRST AND LAST NAME AND SPELL IT FOR ME, PLEASE. MY FIRST NAME IS C, AS IN COUNTRY, H AS IN HEIGHT. I AS IN ISLAND E AS IN YEAST, AND AS IN NANCY AND LAST NAME IS L, AS IN LARRY. I AS IN ISLAND U, AS IN USA, AND JEFF'S NEIGHBOR AND THE NEXT FOUR SPEAKERS SHARE. I SHARE THEIR COMMENTS AND CONCERNS AND THEIR APPROVAL. I SUPPORT THIS PROJECT. OKAY. THANK YOU. THANK YOU, MR. LAW.

YOU YOU. HELLO. THANK YOU. TO MAKE A COMMENT, YOU WANT TO MAKE A CLOSING OR YOU WANT TO WAIVE YOUR CLOSING? CLOSING? MAKE A CLOSING. THE LAST GUY DID OKAY. GO AHEAD. HE'S DONE. HE SAID HE GREAT. NO, HE'S GOING TO I'M GOING TO LEAVE IT TO CLOSE. GREAT REST OF THIS CASE. WAIVED HIS CLOSING TO RESTATE THE CONDITION AT ISSUE SAYS. THE APPLICANT SHALL DEED RESTRICT THE GARAGE AGAINST USE FOR PURPOSES OF AN OCCUPATION, BUSINESS OR SERVICE FOR PROFIT.

THAT'S THE PART HE WANTS LIFTED OR AS A HABITABLE LIVING SPACE SUCH AS A BEDROOM OR APARTMENT.

THAT'S THE PART THAT'S GOING TO REMAIN IN THE RESTRICTION, WHICH RESTRICTION MAY ONLY BE LIFTED UPON APPLICATION TO THE BOARD OF ADJUSTMENT? AND THAT'S WHAT HE'S DONE. HE'S MADE AN APPLICATION TO THE BOARD OF ADJUSTMENT. NOW, THE DEED, THE WORDING OF THE DEED RESTRICTION ITSELF IS IN A COPY OF A DEED THAT WAS RECORDED ON MAY 15TH, 2016. AND IT SAYS THE USE OF THE DETACHED GARAGE IS RESTRICTED AND SHALL NOT BE USED FOR PURPOSES OF CONDUCTING ANY OCCUPATION, BUSINESS OR SERVICE FOR PROFIT. AGAIN, TRACKING THE LANGUAGE IN THE RESOLUTION. THAT'S WHAT HE WANTS. LIFTED NOR SHALL IT BE USED FOR USED AS HABITABLE LIVING SPACE, INCLUDING BUT NOT LIMITED TO USE AS A BEDROOM OR AN APARTMENT. AND THAT'S WHAT HE IS GOING TO REMAIN IN THE DEED RESTRICTION. AND IT SAYS THESE RESTRICTIONS MAY ONLY BE VACATED AFTER APPLICATION TO AN AFFIRMATIVE VOTE OF THE MONTGOMERY TOWNSHIP BOARD OF ADJUSTMENT. AND THAT'S WHY HE'S HERE. AND AGAIN, I'M NOT I REPRESENT THE BOARD. I DON'T REPRESENT MR. GRANT, AND I'M NOT ADVOCATING ONE WAY OR THE OTHER, BUT I WANT TO MAKE IT CRYSTAL CLEAR. MR. GRANT IS NOT HERE

[02:20:02]

THANK YOU. OKAY. THAT'S FINE. OKAY CAN I ASK A QUESTION, MR. GRAHAM? MR. GRANT, IS YOUR MAILBOX ON YOUR PROPERTY OR ON THE PROPERTY ACROSS THE STREET? WELL, I'M SORRY, I CAN BARELY UNDERSTAND YOU. IS YOUR MAILBOX ON YOUR PROPERTY OR ON THE. I KNOW THAT A LOT OF HOUSES HAVE THE MAILBOXES. IT'S ACROSS THE ROAD. RIGHT. SO, I WAS JUST WONDERING IF THE PERSON WHO OWNS THAT PROPERTY RECOGNIZES THAT YOU'LL BE PUTTING A SIGN THERE AND SEE WHAT SHE'S SAYING. IF YOU HAVE YOUR SIGN ON THAT MAILBOX ACROSS THE STREET, THEY MIGHT THINK YOUR BUSINESS IS AT THE HOUSE ACROSS THE STREET. YEAH YEAH. WELL, THERE'S AN ARROW ON THE MAILBOX THAT POINTS TO MY PROPERTY, SO IT MIGHT BE CONFUSING, BUT IT'S IF YOU LOOK AT THE MAILBOX, YOU'LL SEE THE ARROW POINTS ACROSS THE ROAD. IS THAT A CONSIDERATION? YEAH. IS HE ALLOWED UNDER THE ORDINANCE IF HE WANTED TO PUT A SEPARATE, YOU KNOW, 4X4 POST ON HIS PROPERTY TO HANG HIS SIGN IS HE ALLOWED TO DO THAT? NO. IT'S GOT TO BE ON THE MAILBOX? YES IS HE ALLOWED TO HANG THAT SIGN ON THE SIDE OF HIS HOUSE? NO WELL, MR. GRANT IS DOING WHAT THE ORDINANCE SAYS HE CAN DO IT. THE ORDINANCE SAYS HE CAN PUT A SIGN ON THE ON THE SIDE OF HIS MAILBOX, AND HE SAYS HE'S GOING TO PUT THE SIGN ON THE SIDE OF HIS MAILBOX. YEAH, YEAH. THE MAILBOX IS ON THE PROPERTY ACROSS THE STREET BECAUSE I KNOW IN THE NEIGHBORHOOD A LOT OF HOUSES HAVE IT MAIL. THE MAIL, THE MAILMAN WAS ONE WAY. COME ON UP TO THE MICROPHONE IF YOU WANT TO ASK A QUESTION. IDENTIFY YOURSELF FOR THE RECORD. YES. THE MAILBOX IS ACROSS THE STREET. IT'S NOT ON HIS PROPERTY. RIGHT LET ME JUST SAY SOMETHING. IF IT WAS MY HOUSE AND I HAD THE MAIL, HIS SIGNIT .

GRANT, WHO'S THE OWNER OF THE PROPERTY THAT YOUR MAILBOX SITS ON, THE GENTLEMAN THAT MOST RECENTLY TESTIFIED. OKAY, CAN YOU COME ON UP? I HAD A FEELING WAS ONE OF THOSE TWO GUYS. YEAH CAN YOU IDENTIFY YOURSELF FOR THE RECORD AGAIN? NOW, YOU CAN SAY IT NOW, MR. LOWE. OKAY YOU'VE GIVEN MR. GRANT PERMISSION TO HAVE HIS MAILBOX ON YOUR PROPERTY. NO, WE.

LIGHTHOUSE. THE MAILBOX WAS ALREADY THERE. DO YOU HAVE AN OBJECTION TO MR. GRANT HAVING

[02:25:05]

THAT'S RIGHT. THE ZONING OFFICER. YEP YEP YEP YEP YEP. GREAT OKAY. CAN I, HAVE A MOTION OR DO YOU JUST WANT TO MAKE A MOTION? I'LL MAKE A MOTION TO APPROVE THE APPLICATION. I HAD A SECOND TO APPROVE. SECOND. ALL RIGHT, MR. URBANSKI. THANK YOU, MR. WOOD AND MR. URBANSKI. I'M SORRY, MR. WALMART AND MR. URBANSKI, HOLD ON ONE SECOND. ALL RIGHT. SO WHO'S NOT AGAIN, WE'RE GOING TO HAVE SEVEN REGULAR MEMBERS AND THE FIRST ALTERNATE. SO THE SECOND MR. MR. URBANSKI OKAY. ALL RIGHT. THE ONLY PERSON WHO CAN'T VOTE IS MAYOR. OKAY, OKAY. ROLL CALL.

CAN I HAVE A ROLL CALL, PLEASE? LOZOVSKY YES. ROSENTHAL YES. WALMART. YES WOOD. YES. BLODGETT YES. URBANSKI. YES. SHAH YES. OKAY. OKAY THANK YOU, MR. GRANT. ALL RIGHT. THANK YOU EVERYBODY.

[VII. MINUTES]

CAN I HAVE A MOTION TO APPROVE THE MINUTES? CLOSED SESSION, HANG OUT IN THE HALL. OKAY CAN I HAVE A MOTION TO APPROVE THE CLOSED SESSION? THE RESOLUTION FOR THE CLOSED SESSION HAS TO BE APPROVED AS WELL. CORRECT SECOND. ALL RIGHT. THANK YOU, MISS DODGEBALL. AND NOW. YEAH.

ALL RIGHT. ALL RIGHT, ALL IN FAVOR? AYE. YEAH. ALRIGHT. SO, WE ALSO HAVE. OH THERE'S THE DISCUSSION OF THE ZONING BOARD ANNUAL REPORT. THAT'S RIGHT. IT'S GOING TO BE TONIGHT. YOU CAN POSTPONE IT IF YOU WANT. IT'S UP TO YOU GUYS. WELL, IT'S PROBABLY BETTER TO DO IT TONIGHT, YEAH. IF EVERYBODY'S OKAY WITH THAT. WELL, CAN, WE'LL PUT IT ON PROBABLY THE NEXT AGENDA WHEN ONLY MR. PATEL IS ON. BUT IF HE CAN REVIEW IT, REALLY, ALL WE NEED IS FOR YOU GUYS TO, LOOK AT IT AND DECIDE IF THERE'S ANY OTHER, YOU KNOW, RECOMMENDATIONS YOU WANT TO MAKE TO TOWNSHIP COMMITTEE. OKAY, WE CAN AMEND IT AS NEEDED. GREAT, GREAT, FUTURE MEETINGS JULY 25TH ON THURSDAY, 7 P.M. IT IS. YEP THEY DON'T HAVE ANYTHING ON THE 25TH. OH, OKAY. WHY DID I THINK WE DID? AUGUST 22ND MEETING. AND THE AUGUST 27TH MEETING IS STILL ON. WE HAVE BOTH OF THOSE MEETINGS. SO IF WE TOOK A STRAW POLL LAST MONTH, I THINK, AND EVERYBODY GAVE ME THEIR, AVAILABILITY. BUT IF ANYTHING CHANGES, PLEASE LET ME KNOW, BECAUSE BOTH OF THOSE ARE USE VARIANCES AND THEY WILL WANT SEVEN PEOPLE. GREAT. OKAY OKAY. CAN I GET A MOTION TO ADJOURN THE MEETING. SO MOVED MR. WALMART

* This transcript was compiled from uncorrected Closed Captioning.