IT OVER $100 AN HOUR. THEIR FAMILY. ALL RIGHT. GOOD EVENING, EVERYBODY. IT IS 7:00. THIS IS
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THE MONTGOMERY TOWNSHIP PLANNING BOARD, MONTGOMERY TOWNSHIP, SOMERSET COUNTY, NEW JERSEY. IT'S OUR REGULAR MEETING ON MARCH 23RD OF 2026. NORMALLY, IT'S OUR INTENTION TO CONCLUDE THIS MEETING NO LATER THAN TEN TONIGHT. HOWEVER, BECAUSE WE WILL BE GOING INTO CLOSED SESSION, IT IS OUR INTENTION TO CONCLUDE THE OPEN MATTERS NO LATER THAN 9:00. SO JUST TO LET EVERYBODY KNOW THAT THE TIME IS 7:00 SHARP. WE HAVE AN UNBALANCED DAIS HERE. WAS IT SOMETHING WE SAID? OKAY. UNDER THE PROVISIONS OF THE OPEN PUBLIC MEETINGS ACT, NOTICE OF THE TIME PLACE OF THIS MEETING HAS BEEN POSTED AND SENT TO THE OFFICIALLY DESIGNATED NEWSPAPERS. AND OUR ROLL CALL, PLEASE. HERE. YEAH. BATTLE HERE. KHAN HERE. ROBERTS HERE. SINGH.SCHULDINER HERE. LOCKLEAR HERE. SHARMA HERE. CASEY. HERE. DARJI PRESENT. SULLIVAN HERE.
RODRIGUEZ HERE. OKAY. PLEASE JOIN ME IN THE SALUTE TO THE FLAG. PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. OKAY. IN TERMS OF PUBLIC PARTICIPATION, FOR ITEMS NOT ON THE AGENDA, WE RESPECTFULLY ASK MEMBERS OF THE PUBLIC PUBLIC TO LIMIT THEIR COMMENTS AND OR Q&A TO NO MORE THAN FIVE MINUTES. AND WHEN PROVIDING COMMENTS FOR AN APPLICATION OR FOR AN ITEM NOT ON THE AGENDA, PLEASE STATE YOUR NAME. SPELL YOUR LAST NAME FOR THE RECORD IF YOU PREFER TO PROVIDE, OR I SHOULD SAY NOT PROVIDE YOUR ADDRESS, PLEASE ADVISE WHICH MUNICIPALITY THAT YOU LIVE IN. DO WE HAVE ANY PUBLIC PARTICIPATION FOR ITEMS NOT ON THE AGENDA TONIGHT? OKAY. OUR NEXT ITEM IS AN APPLICATION. IT'S CASE PB DASH OH THREE DASH 26. THE APPLICANT IS AOP OPERATING LLC FOR BLOCK 34 OH 24, LOT 64 AND BLOCK 34 001.
LOT 65. PRELIMINARY AND FINAL MAJOR SITE PLAN APPROVAL. THE CHERRY VALLEY EXTENSION. THE EXPIRATION DATE IS APRIL 13TH OF 2026, AND AN AFFIDAVIT OF NOTIFICATION AND PUBLICATION IS REQUIRED. AND FOR THE APPLICANT, WE HAVE. GOOD EVENING EVERYONE. MY NAME IS JOHN WICK. I'M AN ATTORNEY WITH THE LAW FIRM OF TAYLOR, AND IT'S MY PLEASURE TO BE HERE THIS EVENING ON BEHALF OF AOP OPERATING COMPANY, LLC. AOP IS AN AFFILIATE OF AUDI OF PRINCETON. YOU. I'M SURE YOU'RE ALL FAMILIAR WITH THEIR BUSINESS LOCATION ON ROUTE 206. AS THE CHAIRMAN INDICATED, WE ARE HERE TONIGHT FOR SITE PLAN APPROVAL, AND WHAT WE'RE SEEKING APPROVAL FOR IS TO CONSTRUCT APPROXIMATELY 220 SQUARE OR 220 LINEAR FEET OF ROADWAY ON WHAT IS. OH, SORRY.
SORRY ABOUT THAT. THAT'S ALL RIGHT. CAN YOU HEAR ME ALRIGHT. I USUALLY PROJECT PRETTY LOUDLY EVEN WITHOUT A MICROPHONE. SO THIS IS ACTUALLY PART OF WHAT IS REFERRED TO AS THE CHERRY VALLEY CONNECTOR. IT IS A TOWNSHIP MASTER PLAN ROAD THAT WAS DEDICATED, DESIGNATED A NUMBER OF YEARS AGO TO PROVIDE ALTERNATIVE ACCESS BETWEEN CHERRY VALLEY ROAD AND ROUTE 206. PROPERTY INCLUDES TWO PROPERTIES. THE AOP PROPERTY, ACTUALLY OWNED BY ITS AFFILIATE CARS, IS BLOCK THREE, 4024, LOT 64, AND THIS APPLICATION ALSO INCLUDES THE ADJOINING LOT 65, WHICH IS OWNED BY PSG. THAT'S WHERE THEIR SUBSTATION IS. AND PSG, IN ACCORDANCE WITH THE PERMITS AND APPROVALS PREVIOUSLY GRANTED, HAS CONSTRUCTED ABOUT 850 LINEAR FEET OF THAT ROADWAY. REASON WE'RE HERE TONIGHT TO CONSTRUCT THIS SECTION, AND WE DO HAVE A LITTLE BIT OF URGENCY TO IT. WE'VE GOT A WETLANDS CROSSING PERMIT THAT HAD ISSUED AND AND THE DEADLINE TO UNDERTAKE THIS WORK IS IS FAST UPON US. AS OF MAY 1ST, 2026. AND THAT'S REALLY THE NATURE OF THE APPLICATION. WE HAVE OBTAINED RIGHT OF ENTRY AGREEMENT FROM PSG TO DO THE WORK, BECAUSE WHILE THEY BUILT THE 850FT, THEY STOPPED ABOUT 20FT SHORT OF THE PROPERTY LINE. SO WE HAVE TO GO ONTO THEIR PROPERTY TO CONSTRUCT THE BALANCE. THIS
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ROADWAY WAS DESIGNED. AND YOU'RE GOING TO HEAR SHORTLY FROM OUR ENGINEER DETENTION BASIN. DRAINAGE FACILITIES ARE ACTUALLY ON LOT 65. THE PSG PROPERTY. AND REALLY WHAT WE'RE GOING TO BE DOING IS JUST IS TAKING IT THROUGH TO THAT POINT. I KNOW EVERYONE'S LOOKING UP AT THAT PLAN. IT HASN'T BEEN MARKED YET, BUT IT'S REALLY THE RED SECTION THAT YOU SEE UP ON THAT, THAT EXHIBIT THAT IS ON THE BOARD, BOTH PROPERTIES, THE OWNERS OF BOTH PROPERTIES, HAD GRANTED EASEMENTS TO THE TOWNSHIP ACTUALLY GOING BACK TO LIKE 2015 AND MAYBE A LITTLE BIT LATER TO, TO DESIGNATE ALL OF THE ROAD RIGHT OF WAY. AND WHEN THIS ROAD IS ULTIMATELY CONSTRUCTED IN ITS ENTIRETY, IT WILL BE DEDICATED TO THE MUNICIPALITY AND SO FORTH. SO THAT SAID, I HAVE ONE WITNESS TO CALL TONIGHT, OUR PROJECT ENGINEER, KYLE MCKENNA WITH BOHLER ENGINEERING. I'LL ASK HIM TO COME UP AND BE SWORN AND TESTIFY AND SO FORTH. AND I WOULD JUST STATE FROM A RECORD STANDING POINT, WE HAVE PUBLISHED NOTICE OF THE HEARING TONIGHT, SERVE NOTICE ON THE PROPERTY OWNERS AND SO FORTH, AND WE SUBMITTED THE AFFIDAVITS AND SO FORTH. AND I THINK THE BOARD HAS JURISDICTION TO HEAR US THIS EVENING. THEY DO. THANK YOU. AND WE DO APPRECIATE THE BOARD AS WELL, HEARING THIS APPLICATION SO QUICKLY. SO THAT SAID. MR. MCKENNA, DO YOU SWEAR OR AFFIRM YOUR TESTIMONY THIS EVENING WILL BE TRUTHFUL? I DO, THANK YOU. GOOD EVENING EVERYONE. THANK YOU FOR THE TIME THIS EVENING. AND, MISS MCKENNA, IF YOU'D PLEASE PROVIDE THE BOARD WITH AN OVERVIEW OF YOUR EDUCATIONAL AND PROFESSIONAL BACKGROUND AND LICENSES YOU HOLD. SURE. SO AGAIN, KYLE MCKENNA, I'M REPRESENTING BOWLER ENGINEERING, 30 INDEPENDENCE BOULEVARD, WARREN, NEW JERSEY, HAVE A BACHELOR'S OF SCIENCE DEGREE IN CIVIL ENGINEERING FROM RUTGERS UNIVERSITY. I'M A LICENSED PROFESSIONAL ENGINEER IN THE STATE OF NEW JERSEY. MY LICENSE IS CURRENT AND IN GOOD STANDING, AND I'VE PROVIDED PROFESSIONAL TESTIMONY IN FRONT OF SEVERAL PLANNING AND ZONING BOARDS THROUGHOUT THE CITY OF NEW JERSEY. AND I'M FAMILIAR WITH THE DESIGN OF THE PROJECT BEING PRESENTED THIS EVENING. GREAT. PROCEED. THANK YOU. SO THAT WAS A GREAT INTRO BY MR. WIDGETCORP.THE EXHIBIT THAT'S ON THE SCREEN RIGHT NOW WE'RE REFERRING TO AS A1. THIS IS AN AERIAL EXHIBIT OF THE SITE AND SURROUNDING AREA. NORTH IS TO THE TOP OF THE PAGE. FOR REFERENCE, THE TWO SUBJECT PROPERTIES OF THIS APPLICATION ARE OUTLINED IN YELLOW ON THE SCREEN AND THE TWO AREAS OF THE ROAD, BOTH EXISTING AND PROPOSED, ARE HIGHLIGHTED IN THE MAGENTA COLOR AND THE RED COLOR. SO JUST. I'LL START BY PROVIDING A BRIEF SUMMARY OF THE SITE SURROUNDING AREAS. YOU CAN GET A SENSE OF WHERE IT LIES WITHIN THE COMMUNITY AND WHAT SURROUNDS THE THE SITE. SO TO THE NORTH OF THE SITE AND TO THE WEST OF THE SITE ARE REALLY UNDEVELOPED AREAS WITH RESIDENTIAL BEYOND TO THE THE WEST SIDE OF THE HIGHLIGHTED SUBJECT AREA IS LOT 64, WHICH IS BOUND TO THE EAST BY LOT 65, WHICH IS THE PCN G LOT.
BISECTING THAT PSG LOT IN MAGENTA IS THE CHERRY VALLEY CONNECTOR THAT WAS PREVIOUSLY REFERENCED. THAT'S THE PORTION OF THE ROAD THAT HAS BEEN BUILT TODAY, AS ALONG WITH THE PSG SUBSTATION IMPROVEMENTS, I'D ALSO LIKE TO HIGHLIGHT THAT JUST TO THE EAST OF THE PSG SUBSTATION AREA, THERE'S A STORMWATER BASIN, THE LABEL READS. THAT'S IMPORTANT. I'LL TIE BACK TO THAT A LITTLE BIT LATER IN MY PRESENTATION. JUST TO THE SOUTHEAST OF THE SUBSTATION IS THE VOLKSWAGEN AUDI OF PRINCETON DEALERSHIPS TO THE SOUTH. BOTH LOTS ARE BOUND BY CHERRY VALLEY ROAD. AND I JUST WOULD LIKE TO ALSO MENTION LOT 64, GENERALLY UNDEVELOPED. THERE IS A SMALL SINGLE FAMILY RESIDENCE ALONG CHERRY VALLEY ROAD, BUT OTHERWISE IT'S GENERALLY UNDEVELOPED ON A ONE YOU CAN SEE THE OUTLINE OF THE CHERRY VALLEY CONNECTOR. IT'S DELINEATED BY TWO DASHED LINES THAT START ON THE INTERSECTION OF THE CONNECTOR ROAD WITH ROUTE 206, AND THEN KIND OF TRAVERSE THE TWO SITES IN A COUNTERCLOCKWISE DIRECTION, INTERSECTING WITH CHERRY CHERRY VALLEY ROAD JUST NEAR THAT SOUTHEAST CORNER OF LOT 64. AS WAS PREVIOUSLY NOTED, THE MAGENTA PORTION OF CHERRY VALLEY CONNECTOR ON THIS EXHIBIT IS THE CONSTRUCTED PORTION OF APPROXIMATELY 850 LINEAR FEET. IT EXTENDS WEST FROM ROUTE 206, JUST TO ABOUT 20FT SHY OF THAT LOT 60 FOR BOUNDARY. AND WHAT WE'RE GOING TO BE DESCRIBING NEXT IS THE PROPOSED PORTION OF THE ROAD, WHICH IS HIGHLIGHTED IN RED. SO IT'LL BE ABOUT 20FT OR SO ON LOT 65 AND THEN EXTENDING IN
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THE WESTWARD DIRECTION, ANOTHER 220FT, UNLESS THERE'S ANY QUESTIONS ON EXISTING CONDITIONS OR THIS EXHIBIT, WE CAN GO AHEAD AND INTRODUCE EXHIBIT A TWO, WHICH IS A PROPOSED SITE PLAN RENDERING. IT'S ALREADY OPEN UP TOP. THANK YOU. THE TABS OPEN UP. OH, YEAH.ZOOM IN OR NO, I THINK THAT'S SO THIS IS EXHIBIT A TWO. SO THIS IS VERY SIMILAR TO LIKE SITE PLAN SHEETS C 301 THAT WAS SUBMITTED WITH THE APPLICATION. WE'VE REORIENTED THE VIEWPORT A LITTLE BIT TO HELP SHOW A LITTLE BIT MORE OF LOT 65. WE'VE ALSO ADDED AN AERIAL INTO THE BACKGROUND TO HELP VISUALIZE THE IMPROVEMENTS. AND THEN WE'VE HATCHED THE PROPOSED EXTENSION NEAR THAT WESTERN SIDE OF THE SCREEN. SO AGAIN THERE'S APPROXIMATELY 220 LINEAR FEET OF ROAD BEING EXTENDED FROM THE EXISTING ROADWAY. A LITTLE DIVE IN A LITTLE BIT ON THE ACTUAL ROAD ITSELF AND DESIGN, IT'S GOING TO MIMIC WHAT'S OUT THERE TODAY.
SO IT'S TWO 12 FOOT WIDE LANES IN EACH DIRECTION, SHOULDER CURB STORMWATER FROM THE PROPOSED EXTENSION OF THE CONNECTOR WILL ACTUALLY CONVEY DOWN TO THE EAST AND TIE INTO THE EXISTING CONVEYANCE SYSTEMS FOR STORMWATER THAT ARE ON THE ROAD TODAY. THIS PORTION OF THE CONNECTOR WAS CONSIDERED AND INCLUDED IN THE DESIGN OF THE OVERALL STORMWATER FOR THE SUBSTATION AND THE SECTION OF CONNECTOR, SO WE'RE NOT PROPOSING ANY NEW STORMWATER IMPROVEMENTS. IT WAS ALREADY ACCOUNTED FOR AND INCLUDED IN ALL THE CALCULATIONS THAT WERE SUBMITTED PREVIOUSLY AND APPROVED BY THE TOWNSHIP, THE DEP, AS PART OF THE WETLANDS PERMIT PLAN THAT WAS PREVIOUSLY REFERENCED. I'D ALSO LIKE TO NOTE THAT WE HAVE A RIGHT OF ENTRY AGREEMENT WITH C AND G TO UNDERTAKE THE WORK PROPOSED ON LOT 65, AND A LITTLE MORE DETAIL ON THE ACTUAL WORK ITSELF. WE'RE PROPOSING TO CLEAR WITHIN A TIME FRAME. SO WE NEED TO ACTUALLY BEGIN OR COMPLETE CLEARING OF THE TREES BY APRIL 1ST. THERE ARE FOUR TREES TOTAL BEING PROPOSED TO BE REMOVED. THREE ARE APPROXIMATELY FOUR INCHES IN DIAMETER AND ONE BEING APPROXIMATELY 12IN IN DIAMETER. I'LL TOUCH ON THE TREE REMOVAL PERMIT A LITTLE BIT LATER IN MY PRESENTATION. AND THEN FOR THE PROPOSED IMPROVEMENTS, LIKE I SAID, IT'S GOING TO REALLY MIMIC THE THE EXISTING ROAD CONDITION THAT'S OUT THERE TODAY. WE'LL ALSO BE PROPOSING TO EXTEND THE SANITARY SEWER MAIN AND WATER MAIN THAT ARE CURRENTLY BENEATH THE EXISTING PORTION OF THE CHERRY VALLEY CONNECTOR. SO THOSE WOULD REMAIN DRY LINES, BUT THEY WOULD ALSO BE PROPOSED TO BE EXTENDED SO THAT IN THE FUTURE, AS THE ROAD OR SHOULD THE ROAD BE COMPLETED, YOU WOULDN'T HAVE TO GO BACK IN AND RIP ALL THAT UP AND PUT THE UTILITIES IN. THE ROAD IS GOING TO BE IT'S APPEARS TO BE HAVE BEEN DESIGNED AND WILL CONTINUE TO BE DESIGNED WITH A DESIGN SPEED OF 25 MILES AN HOUR. AND AGAIN, ALL IMPROVEMENTS WOULD BE CONTAINED WHOLLY WITHIN THE EASEMENT ACQUIRED BY THE TOWNSHIP FROM LOT 64 AND 65. GETTING INTO THE APPROVALS AND OUTSIDE AGENCY APPROVALS. SO LIKE WAS PREVIOUSLY NOTED, WE HAVE THERE IS A DEEP FRESHWATER WETLANDS PERMIT. IT'S A GP TEN A IT'S CURRENT, IT WAS EXTENDED AND IS SET TO EXPIRE AS OF MAY 1ST, 2026. SO THE WORK WOULD NEED TO COMMENCE PRIOR TO EXPIRATION OF THAT PERMIT. THERE'S ALSO A SOMERSET UNION COUNTY SCD PERMIT CERTIFICATION THAT WE'VE ACTUALLY RECEIVED ON FEBRUARY 18TH AND HAS BEEN SUBMITTED. WE'RE GOING TO ALSO ADDRESS THE TOWNSHIP SOIL HAULING PERMIT REQUIREMENTS THAT'LL BE HANDLED BY THE CONTRACTOR. WE WILL NOT WILL BE WE WILL NOT BE SUBMITTING TO THE COUNTY PLANNING DEPARTMENT. THERE'S NO COUNTY ROADS OR IMPACT ON COUNTY DRAINAGE INFRASTRUCTURE FOR THIS PROJECT. SO NOT REQUIRED. AND AS WAS NOTED, WE DID SUBMIT THE TREE REMOVAL PERMIT APPLICATION ON FEBRUARY 9TH, AND OUR UNDERSTANDING IS THAT IT COULD BE GRANTED SUBJECT TO APPROVAL BY THE BOARD. TOUCH ON THE SCHEDULE BRIEFLY AS WELL. SO WE'D BE LOOKING TO START RIGHT AWAY WITH TREE CLEARING OCCURRING ON MARCH 30TH, IS WHEN IT WOULD BE TENTATIVELY SCHEDULED FOR SUBJECT TO APPROVAL AGAIN TO TO COMPLY WITH THE APRIL 1ST DEADLINE BY THE D E, P FOR TREE CLEARING ON THIS SITE, WE BEGIN STRIPPING.
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BASICALLY WHAT YOU DO FIRST IS YOU STRIP ALL THE SOIL OUT THERE SO YOU CAN BRING IN APPROPRIATE FILL AND GET THE ROADWAY COMPACTED. SO THAT WOULD COMMENCE ON APRIL 6TH.AGAIN, THIS IS ALL SUBJECT TO APPROVAL WITH SANITARY SEWER WORK STARTING MID-APRIL, APRIL 13TH, APPROXIMATELY. AND THEN WE WOULD PROCEED TO INSTALL THE ROAD BASE WITH STRUCTURAL FILL AND DENSE GRADED AGGREGATE. TO GET THE ROAD BASE SECURED AND INSTALL THE CURBING AGAIN LATER.
LATER, LATER. APRIL APPROXIMATELY APRIL 20TH. FINALLY, WE'D BE INSTALLING THE SIDEWALK AND THEN FINISHING GRADE TOPSOIL, ETCETERA TOWARDS THE END OF APRIL WITH THE GOAL OF HAVING THE MAJORITY OF THAT WORK COMPLETED BEFORE MAY 1ST DEADLINE, THE LAST WORK TO BE COMPLETED WOULD BE THE INSTALLATION OF THE WATER MAIN SUBJECT TO NEW JERSEY AMERICAN WATER APPROVAL AND COORDINATION TAKES A LITTLE BIT LONGER TO TO WORK THROUGH THAT SIDE OF THINGS. AND THEN ONCE THE WATER MAIN IS INSTALLED, YOU'D GO BACK IN AND DO THEIR FINAL PAVING FOR THE BASE COURSE AND THE IN THE FINISH COURSE OF ASPHALT. AND HAVE YOU HAD THE OPPORTUNITY TO REVIEW THE ENGINEER'S REVIEW REPORT? THE REPORT I HAVE, YES, AND WHAT'S OUR RESPONSE IN THAT REGARD? YEAH. IN GENERAL, WE WOULD AGREE TO ADDRESS AND ADDRESS ALL THE COMMENTS THAT ARE INCLUDED IN THE LETTER AND WORK THROUGH THAT WITH THE BOARD'S ENGINEER TO THEIR SATISFACTION. AND WE'VE ALSO RECEIVED A REVIEW REPORT RELATIVE TO TREE REMOVAL. WE WILL COMPLY IN ALL RESPECTS WITH THE REPORT ISSUED BY THE OPEN SPACE AND STEWARDSHIP DIRECTOR, STEWARDSHIP DIRECTOR, DATED MARCH 16TH. IS THAT CORRECT? CORRECT. THANK YOU. I THINK WE HAVE ANYTHING FURTHER NOW. I THINK BEFORE WE HEAR FROM OUR PROFESSIONALS, LET ME SWEAR EVERYONE IN FOR TONIGHT, MR. DARCY. MR. SULLIVAN, MISS RODRIGUEZ, DO YOU SWEAR OR AFFIRM YOUR TESTIMONY THIS EVENING WILL BE TRUTHFUL? I DO, THANK YOU. OKAY. THANK YOU. AKASH. THANK YOU, MR. CHAIRMAN. OUR MEMO IS DATED MARCH 11TH, 2026. THE APPLICANT HAS DONE A PRETTY THOROUGH JOB OF OF PRESENTING WHAT THEIR APPLICATION IS AND ALSO PROVIDING THE TESTIMONY THAT WE HAD REQUESTED IN IN OUR MEMO.
ESSENTIALLY, THIS IS. FOR LACK OF A BETTER PHRASE, IT'S REALLY A PHASED APPLICATION, MORE OR LESS. YOU HAVE AN APPROVED SITE PLAN, WHICH THE APPLICANT ISN'T ISN'T PROCEEDING WITH AT THIS POINT, BUT THEY NEED, THEY BASICALLY NEED TO CONSTRUCT THIS, THIS SMALL PORTION OR THIS PHASE OF THIS, OF THIS DEVELOPMENT TO, TO MEET THEIR, THEIR DEADLINES FOR, FOR THEIR PERMITTING. AND, AND THAT'S BASICALLY WHAT WE'RE HERE FOR IS BASICALLY AN AMENDED FRAME, SORRY, A SITE PLAN APPROVAL FOR JUST THAT SMALL PORTION. THE STORMWATER IS, WAS, WAS ACCOUNTED FOR AS PART OF THE DRAINAGE BASIN THAT'S ALREADY BEEN CONSTRUCTED. AND THE LIKE I SAID, THE TESTIMONY THAT WE REQUESTED I WAS I'VE BEEN, I WAS, I WAS KEEPING TRACK AS MR. MCKENNA WAS SPEAKING AND, AND JUST ABOUT ALL THE TESTIMONY WE'D REQUESTED IN OUR IN OUR MEMO HAS BEEN PROVIDED. THE APPLICANT DID AGREE TO, TO SATISFY ALL THE COMMENTS IN OUR MEMO. AND WE HAVE HAD A FEW CONVERSATIONS WITH THE APPLICANT AND THEIR ENGINEERS PRIOR TO THIS EVENING. SO I'M CONFIDENT THAT SHOULD THE BOARD ACT FAVORABLY, THE. THE COMMENTS IN OUR MEMO WILL BE SATISFIED WILL BE ADDRESSED TO OUR SATISFACTION. I'M HAPPY TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE. ANYBODY. ANY QUESTION I HAVE IS, I MEAN, DID C, E AND G RUN OUT OF LIKE MACADAM OR SOMETHING? I MEAN, YOU KNOW, IT'S A GOOD QUESTION. HOW DOES THAT HAPPEN? I, I DON'T KNOW, THEY JUST THEY WERE ASKED THE SAME QUESTION MOVE EXPEDITIOUSLY TO PROVIDE A RIGHT OF ENTRY AGREEMENT TO HAVE US COMPLETE THAT AND SIGN THE APPLICATION. SO, SO ONCE I GOT THAT, I DIDN'T ASK ANY FOLLOW UP QUESTIONS. JUST OKAY, ANY PUBLIC COMMENT OR QUESTIONS ON THE APPLICATION? OKAY. DO I HAVE A MOTION TO CLOSE PUBLIC COMMENT? SO MOVE. ALL IN FAVOR? OKAY. DO I HAVE A MOTION TO APPROVE THE. SORRY, SIR, BOARD ISN'T DISCUSSING IT. OH, I THOUGHT WE WERE GOING TO. I THOUGHT THAT WAS PART OF THE QUESTIONS ASKED. MY APOLOGIES, SIR. GO AHEAD. I WAS WONDERING IF THERE IS A MAP OF THE WETLANDS ON THE SITE. I. THE ENVIRONMENTAL COMMISSION DIDN'T GET TO REVIEW THIS APPLICATION.
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DOES ANYBODY KNOW WHY WE WEREN'T NOTIFIED THAT THERE WAS AN APPLICATION TO REVIEW? THIS IS THE SECOND TIME IN A ROW THAT THIS HAS HAPPENED. AND, YOU KNOW, WE WE CAN EVEN IF THERE'S NOT A MEETING SOMEBODY ON THE COMMISSION CAN REVIEW. AND THAT DIDN'T HAPPEN. SARAH.THE ONLY THING I COULD IMAGINE IS THAT GIVEN THE NATURE OF THIS APPLICATION AND HOW LIMITED IT IS, THAT MAY BE WHY IT WASN'T SENT TO THE COMMISSION. MAYBE. I MEAN, TO ANSWER YOUR INITIAL QUESTION, I, I CAN'T SPEAK TO THE NOTE THE ENVIRONMENTAL COMMISSION BEING NOTIFIED OR NOT, MR. ROBERTS, BUT AS FAR AS THE WETLANDS GO, THEY ARE SHOWN ON THE ON THE SITE PLAN AND THE LIMITS AND ARE BASICALLY IN THE AREA OF WHERE THE APPLICANT IS EXTENDING THAT ROADWAY. THAT'S ACTUALLY THE REASON WHY THEY'RE HERE FOR THE APPLICATION, BECAUSE THERE'S THERE'S A SMALL WETLAND CROSSING THAT THEY HAVE TO CONSTRUCT FOR ACTUALLY, I THINK THE, THE PIPE SECTOR ALREADY IN, IF I REMEMBER CORRECTLY. RIGHT. KYLE. THE YEAH, THE, THE PIPES ARE ALREADY. YEAH. IT BEFUDDLES ME AS TO WHY THE PIPES ARE IN, BUT NO ONE PAVED THE ROADWAY. BUT BUT THAT'S, THAT'S ESSENTIALLY WHAT IT IS. THE CURBING THE SIDEWALK AND THE ROADWAY WERE NOT BUILT, BUT THE ACTUAL PIPES THAT NEED TO, YOU KNOW, THAT USUALLY HAVE FOR, FOR A WETLAND CROSSING, THOSE ARE ACTUALLY IN ALREADY. AND THE APPLICANT IS BASICALLY COMING IN TO COMPLETE THEIR, THEIR DISTURBANCE THAT'S ASSOCIATED WITH THE ROAD CROSSING. BUT, BUT YOUR INITIAL QUESTION ABOUT THE WETLANDS IS SHOWN ON THE SITE PLAN THAT WAS SUBMITTED TO THE BOARD. OKAY. AND, AND IS IT IS THIS PROJECT GOING TO BE IN THE WETLANDS AT ALL? SO THERE IS A DISTURBANCE NOT IN THE WETLANDS, AT LEAST FROM THE DELINEATION I SEE. I APOLOGIZE, THERE IS A SLIGHT BIT OF DISTURB. THERE IS DISTURBANCE IN WETLANDS. THAT'S THE WHOLE POINT OF THE PROJECT IS TO IS TO, TO GET THAT DISTURBANCE DONE BEFORE THEIR PERMIT TO DISTURB EXPIRES. THEY DO HAVE A PERMIT ALREADY TO DISTURB THE PORTION OF WETLANDS, AND IT HAS TO BE COMPLETED BY THE END OF MAY. OKAY. IS THERE LIKE. LIKE BUFFER AVERAGING OR SOMETHING LIKE THAT GOING ON? SO I'LL AGAIN, I'LL LET I'LL LET KYLE ANSWER SOME OF THOSE, THOSE QUESTIONS, BUT THERE'S NO BUFFER AVERAGING SHOWN ON THIS PLAN BECAUSE THEY ALREADY HAVE A GENERAL PERMIT FROM THE DEP TO, TO DO THE WETLAND DISTURBANCE. IN MY EXPERIENCE IN GENERAL, NOT SPECIFIC TO THIS PROJECT, BUT MY EXPERIENCE IN GENERAL IS THAT WHEN YOU HAVE A WETLAND PERMIT TO DISTURB WETLANDS FROM DEP, THAT DOESN'T REQUIRE TRANSITION AVERAGING. USUALLY WHEN YOU'RE REDUCING THE BUFFER, JUST REDUCING THE BUFFER WITHOUT PERMIT, LET'S JUST SAY FOR A CROSSING OR SOME SORT OF DISTURBANCE. THEN THEN YOU GET INTO THE TRANSITIONARY AVERAGING WHERE YOU'RE EXPANDING THE BUFFER IN ONE SPOT AND REDUCING THE BUFFER IN ANOTHER SPOT. RIGHT IN THIS IS A G P TEN A, I IMAGINE, BASED OFF OF THE THE AMOUNT OF DISTURBANCE. SO FOR G P TEN A, THERE'S A CERTAIN AMOUNT OF DISTURBANCE THAT YOU'RE PERMITTED WITH. AND THERE'S NO TRANSITIONARY AVERAGING REQUIRED BECAUSE YOU'RE LITERALLY JUST DISTURBING THE WETLANDS FOR THIS ROAD CROSSING.
I THINK THE APPLICANT HAS THAT PERMIT FROM D E P I C I, I ACTUALLY WAS ON THE BOARD WHEN THERE WAS AN APPLICATION FOR BOTH THESE LOTS BACK, I THINK BEFORE MAYBE AROUND 2010. AND I THINK THEY WANTED TO PUT IN A DOCTOR'S OFFICE. AND I REMEMBER READING THAT THE, THE AREA TO THE NORTH OF THE SITE WAS OF THE HIGHEST QUALITY. DECIDUOUS WOODED WETLANDS. AND ALSO THE LARGEST CONTIGUOUS. WETLANDS OF THAT TYPE IN CENTRAL NEW JERSEY. AND SO, YOU KNOW, I'M VERY FEELING VERY PROTECTIVE OF THOSE WETLANDS. I DON'T KNOW IF THERE'S ANYTHING MORE YOU CAN DO TO PROTECT THEM THAN YOU'RE ALREADY DOING. I THINK IT'S JUST WE HAVE A DEP PERMITS. AND THEY DID GO THROUGH THE PROCESS AND THE DPI WOULD HAVE ASSESSED, YOU KNOW, BACK WHEN THE ORIGINALLY ISSUED IT, THE QUALITY OF THE WETLANDS, THE TYPE OF WETLANDS. AND OBVIOUSLY WE WERE GRANTED A THIS GP TEN A, WHICH ALLOWS FOR THE CROSSING THROUGH THIS LIMITED PORTION OF THOSE WETLANDS FOR, FOR THIS ROADWAY PROJECT. OKAY. SO THE ONLY OTHER THING THAT I WAS THINKING OF ASKING ABOUT WAS WHETHER STREET TREES ARE PART OF THE REQUIRED TREE PLANTING FOR THIS APPLICATION, BECAUSE I KNOW OTHER LOOP ROADS IN TOWN HAVE STREET TREES ON THEM. LIKE
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WHAT? WHAT'S THE ONE JUST ON THE OTHER SIDE OF THE HIGHWAY? DOES ANYBODY REMEMBER THE NAME OF THAT LOOP ROAD? THIS THIS ROAD ARE YOU TALKING ABOUT OR. WELL, YOU KNOW, ON ON THE OTHER SIDE OF 206, I CAN'T REMEMBER THE NAME OF IT, BUT THERE'S BETWEEN THE GAS STATION AND THE ORTHOPEDIC. OH, PRINCETON ORTHOPEDIC ASSOCIATES, IT WAS NAMED THERE'S ANOTHER LOOP ROAD.YEAH, I SEE IT ON THE MAP. I DON'T SEE THE NAME OF IT ON HERE, BUT I KNOW AND I KNOW THAT THE SHADE TREE COMMITTEE OR I THINK THAT WAS THAT WAS GOING THROUGH A RESIDENTIAL AREA AS WELL AS A SOMEWHAT COMMERCIAL AREA, THAT LOOP ROAD ON THAT, ON THAT SIDE. NO, THAT'S NOT RESIDENTIAL AT ALL. IT'S THE ONE I'M THINKING ABOUT. IT GOES FROM A PRINCETON AVENUE NEXT TO PRINCETON ORTHOPEDICS AND IT GOES UP. OH, BEHIND THE GAS BEHIND THE GAS STATION, UP TO 206. YEP. RIGHT. AND THAT I KNOW THAT THE SHADE TREE COMMITTEE PLANTED RED MAPLES ON THAT. RIGHT. BUT THIS, I THINK, IS A ROAD TO NOWHERE. SO YEAH, FOR NOW. TRUE. BUT IT'S IT'S A THEN, YOU KNOW, IT HAS A SIDEWALK AND IT'S PARTLY BECAUSE OF THE SIDEWALK THAT ONE WANTS SHADE TREES SO THAT PEOPLE CAN WALK ON IT IN THE SUMMER AND BE COMFORTABLE. AND I THINK IT'S A TREAT. YOU KNOW, OUR TREE PLANTING REQUIREMENTS FOR DEVELOPMENT ARE NOT JUST X NUMBER OF TREES PER ACRE, BUT THEY INCLUDE STREET TREES. MAYBE THE APPLICANT WOULD PLANT STREET TREES. YEAH. I MEAN, WE WERE FOLLOWING OBVIOUSLY THE DIRECTION, THE OPEN SPACE REPORT THAT WE GOT, WHICH I BELIEVE PROVIDES FOR A PAYMENT IN LIEU. WE ARE REMOVING THREE TREES OR FOUR TREES, RATHER THREE WITH A DIAMETER UP TO FOUR INCHES AND ONE 12 INCH TREE. NOT SURE IF ANY OF THEM ARE REAL SPECIES TREES OR NOT. I THINK IT'S LESS ABOUT. I THINK IT'S LESS ABOUT THE REMOVAL OF THE TREES THAN ACTUALLY PUTTING TREES ON THE STREET. IT'S JUST. YEAH. IF YOU. YEAH. IF YOU BUILD. I PROBABLY THINK WHEN WHEN THE, WHEN THE REST OF THE ROAD GOES IN, THERE'LL PROBABLY BE A STREET TREE. YOU KNOW IT. I'LL DEFER TO MR. MCKENNA IN THIS REGARD. YEAH. SO IN THIS CASE, AGAIN, WE, WE REVIEW THE ORDINANCE AND WE CURRENTLY ARE PROPOSING TO DO A COMPENSATION IN LIEU OF AGAIN, THE ALMOST THE ENTIRETY OF OUR ROAD EXTENSION. IT'S APPROXIMATELY THE WHOLE PROJECT AREA IS ABOUT 220FT. RIGHT.
LINEAR. MOST OF IT'S WITHIN THE ADJACENT AND ADJACENT TO THAT BUFFER FOR THE WETLANDS. SO AND IT'S MOST OF IT IS SURROUNDED IMMEDIATELY BY WOODED AREA. AND SO WE'RE PRETTY WELL RESTRICTED ON WHERE WE CAN DISTURB. WE REALLY HAVE A PRETTY TIGHT WINDOW OF WHERE WE CAN DISTURB TO WITHIN THAT GP FROM, FROM THE, THE DEP. SO I THINK PERSONALLY, IN THIS CASE IT WOULD BE BEST TO JUST MAKE THE CONTRIBUTION RATHER THAN DO FURTHER DISTURBANCE INTO AN AREA THAT'S ALREADY FAIRLY HEAVILY WOODED. ASSUMING WE WERE EVEN ABLE TO. WELL, STREET TREES ARE SOMETIMES PLANTED BETWEEN THE SIDEWALK AND THE CURB. UNDERSTOOD. SO THIS IS A SORT OF A PRE-DESIGNATED RIGHT OF WAY WITH WE HAVE 50FT. THERE'S A 30 FOOT ROADWAY PLUS A SIDEWALK, AND THEN GRADING INTO INTO THE WOODS. THEY ALWAYS COULD. I, CAN I MAKE TO PLANT THE STREET TREES IN THE RIGHT OF WAY? COULD I MAKE A SUGGESTION THAT AND KAREN, CAN WE MAKE A CONDITION OF THIS APPROVAL THAT WHEN THE ROAD IS COMPLETED, THAT STREET TREES WOULD APPLY TO THIS PIECE AS WELL? SURE. IS THAT GOOD WITH THE APPLICANT? YES. OKAY. OKAY.
AND AND ONE OTHER THING, MR. CHAIRMAN, REGARDING THE WETLAND DISTURBANCE THAT MISS ROBERTS MENTIONED EARLIER, WHAT ONE OF THE CONDITIONS OF OUR IN OUR MEMO THAT WE'RE RECOMMENDING THE BOARD IMPOSE IS THAT THE ACTUAL LIMITS OF THE DISTURBANCE BE STAKED OUT IN THE FIELD BY A SURVEYOR AND VERIFIED BY EITHER OUR OFFICE OR THE TOWNSHIP ENGINEER'S OFFICE. SO THE APPLICANT WILL BE REQUIRED TO ACTUALLY STAKE OUT. SO THEY'RE NOT, YOU KNOW, GOING ANYWHERE BEYOND THE LIMITS THAT ARE THAT ARE ACTUALLY APPROVED. AND THEN THAT WILL BE DELINEATED BY A A SILT FENCE THAT WILL BASICALLY PREVENT ANY FURTHER ENCROACHMENT INTO THE INTO THE WETLAND AREA. SO THERE'S A BIT OF PROTECTION OF PROVIDED BY THAT AS WELL. OH GOOD. THANK YOU. ANY REASON WHY THE ENVIRONMENTAL COMMISSION DIDN'T GET THIS APPLICATION? DOES ANYONE THINK GOING TO TALK TO SARAH AFTER. I BELIEVE THE PLANS ARE IN THE THE BOX IN THE. BUT NOBODY TOLD ME. YEAH. NO. TYPICALLY THE ENVIRONMENTAL
[00:30:07]
COMMISSION GETS A MESSAGE TO THAT EFFECT. OKAY. OKAY, OKAY. SOUNDS GOOD. THANK YOU. SARAH.SURE. ANY OTHER QUESTIONS? OKAYO APPROVE? SO MOVE. OKAY. ROLL CALL PLEASE. I'M SORRY. WHO'S SECOND? ARUN. BATTLE. YES. YES YES. YES. YES. ROBERTS. YES. YES. LOFFLER. YES. SHARMA. YES.
THANK YOU. NOW, BOARD MEMBERS, WHAT YOU HAVE IN FRONT OF YOU IS A PROPOSED RESOLUTION. NOW.
REALIZING THE APPROVAL YOU GAVE TONIGHT, YOU HAVE IT TONIGHT INSTEAD OF AT OUR NEXT MEETING, BECAUSE WE WERE TRYING TO FACILITATE THE TIME FRAME THAT THE APPLICANT IS WORKING IN.
THE APPLICANT'S ATTORNEY PREVIOUSLY PROVIDED ME WITH AN OUTLINE OF MR. MCKENNA'S TESTIMONY, AND I'VE BEEN TRACKING IT SO THAT WHAT YOU SEE HERE IN THE RESOLUTION IS ACCURATE WITH RESPECT TO HIS TESTIMONY, AS WITH THE USUAL FORMAT OF YOUR RESOLUTIONS, WE'VE GOT MR. MCKENNA'S TESTIMONY. WE HAVE A LISTING OF THE DOCUMENTS THAT THE APPLICANT SUBMITTED FOR REVIEW. WE HAVE A RECITATION OF THE STAFF AND PROFESSIONAL MEMOS THAT WERE SUBMITTED. WE HAVE NO PUBLIC COMMENT, SO I WILL REVISE THAT TO SO INDICATE. AND THEN WE HAVE OUR FINDINGS. AS WITH PAST RESOLUTIONS, WE RECITE WHO IS THE OWNER? WHO IS THE APPLICANT. THEY'RE FILING FOR PRELIMINARY AND FINAL MAJOR SITE PLAN APPROVAL. THEY'VE COMPLIED WITH NOTIFICATION AND PUBLICATION REQUIREMENTS. THE PROJECT DOES NOT REQUIRE VARIANCES, AND IT IS EXTENDING A PORTION OF A MASTER PLAN ROAD. WE REVIEWED THE CONDITIONS THAT ARE IN THIS RESOLUTION WITH THE TOWNSHIP ENGINEER. WHAT WE HAVE IS COMPLIANCE WITH MR. DARCY'S REVIEW MEMO THAT THEY NEED TO SECURE A TREE REMOVAL PERMIT AND COMPLY WITH OUR REQUIREMENTS FOR TREE REMOVAL AND REPLACEMENT OR PAYMENT IN LIEU DEVELOPMENT HAS TO BE IMPLEMENTED WITH THE APPROVED PLANS. TOWNSHIP. THESE ARE ALL STANDARD CONDITIONS FOR MONTGOMERY TOWNSHIP RESERVES. THE RIGHT TO MAKE ADDITIONAL MINOR, REASONABLE SITE IMPROVEMENTS IF ACTUAL FIELD CONDITIONS VARY FROM WHAT THEY SEE ON THE PLANS, THE APPLICANT IS GOING TO POST A PERFORMANCE GUARANTEE FOR THE WORK. THEY WILL GET ALL ANY OTHER REQUIRED THIRD PARTY APPROVALS. IF THERE ARE ANY NECESSARY DEEDS OR EASEMENTS, THEY WILL BE SUBJECT TO REVIEW AND APPROVAL OF THE TOWNSHIP ATTORNEY AND ENGINEER. THEY WILL PROVIDE A WRITTEN CONSTRUCTION SEQUENCING SCHEDULE. THE AS WELL AS COPIES OF THE RIGHT OF WAY AGREEMENT WITH C AND G, WHICH I THINK THEY'VE ALREADY PROVIDED. THEY WILL GET A STREET RIGHT OF WAY OPENING PERMIT FROM THE TOWNSHIP ENGINEER. THEY'LL PROVIDE ANY DOCUMENTATION FROM C AND G REGARDING ANY NECESSARY MAINTENANCE OR REPAIR RESPONSIBILITY FOR THE EXISTING STORMWATER FACILITY. ANY IMPROVEMENTS WHICH ARE GOING TO BE DEDICATED TO TOWNSHIP REQUIRE TOWNSHIP ENGINEER APPROVAL. TOWNSHIP COMMITTEE APPROVAL. THE TOWNSHIP ENGINEER HAS RECOMMENDED THAT THE BOARD DEFER TO HIM REGARDING WHETHER THERE'S A NEED FOR A CONSTRUCTION SEQUENCE AGREEMENT. THE APPLICANT WILL YIELD TITLE 39 JURISDICTION TO THE TOWNSHIP FOR THIS PORTION OF THE RIGHT OF WAY, SO THE POLICE CAN ENFORCE MOTOR VEHICLE. OKAY.
THERE'LL BE A CONFORMANCE REVIEW BY THE PROFESSIONAL CONSULTANTS AND STAFF BEFORE THE APPLICANT IS GOING TO BE ABLE TO GO AHEAD. AND THEN THIS LAST OR THE START OF CONSTRUCTION HAS TO BE AUTHORIZED BY THE TOWNSHIP ENGINEER. AND THE CONDITION THAT SARAH SUGGESTED AND DAVE AS WELL. WHEN THE. CHAIR CHERRY VALLEY CONNECTOR ROAD IS COMPLETED AND TOTAL STREET TREES WILL BE PLANTED IN THIS SUBJECT AREA. SO THAT IS THE
[00:35:03]
RESOLUTION FOR YOUR CONSIDERATION. OKAY. ANYONE HAVE ANY QUESTIONS ABOUT THE RESOLUTION? I'M JUST IMPRESSED THAT THEY HAD PREDICTED THE FUTURE SO WELL. IT'S INCREDIBLE.I'M WONDERING IF YOU COULD TELL ME WHAT THE POWERBALL NUMBERS ARE GOING TO BE. IF I COULD DO THAT. PRETTY, PRETTY IMPRESSIVE THIS EVENING, ALL DUE RESPECT. SO I HAVE TO ASK WHY. WHY THE TIME CRUNCH? WERE YOU WAITING ON SOMETHING FROM THE STATE? WAS IT JUST SOMEONE SAID, OH CRAP, WE FORGOT TO DO THIS, BUT PROBABLY MORE THE LATTER. CHAIRMAN AND IT WAS JUST A MATTER OF WE WE JUST HAD TO MOVE ON IT. YES. OKAY. I MIGHT SEEM LIKE A NICE GUY ON THE OUTSIDE, BUT LET'S NOT DO THIS AGAIN. YES. OKAY. UNDERSTOOD. AND AND ALSO THE SOIL HAULING.
PLEASE MAKE SURE THAT YOU ARE PERMIT THAT YOU ASK FOR ENOUGH SOIL TO BE HAULED BECAUSE YOU DON'T WANT TO HAVE TO COME BACK HERE TO ASK FOR MORE. UNDERSTOOD. I DON'T THINK IT'S A SIGNIFICANT. BUT OUR CONTRACTOR WILL BE DEALING WITH THAT IMMEDIATELY IF THEY HAVEN'T ALREADY STARTED THE PAPERWORK. YEP. BECAUSE THAT HAS BEEN KNOWN TO HAPPEN. I KNOW HOW THAT CAN WORK. YES, CHAIRMAN. OKAY, THEN GIVEN THAT WE HAVE A MOTION TO MEMORIALIZE.
SO MOVED SECOND. DARRYL, ROLL CALL PLEASE. YES, YES. KHAN. YES. YES. ROBERTS. YES. REGINA.
YES. LOFFLER. YES, YES. ALRIGHT. THANK YOU VERY MUCH. THANK YOU EVERYBODY. WE REALLY APPRECIATE IT. THANK YOU, THANK YOU. HOW ABOUT THOSE POWERBALL NUMBERS? YES, TONY, JUST I'D JUST LIKE TO SAY THAT THIS KIND OF ABNORMAL PROCEDURE IS CLEARLY SOMETHING WE SHOULD AVOID. AND I COULD NOT AGREE MORE. YEAH, MY MY ONLY REASON FOR VOTING YES, FRANKLY, IS THAT IT'S THE TOWNSHIP'S ADVANTAGE THAT THAT CONNECTOR GET MADE. CORRECT. SO WITH THAT IN MIND, I'M WILLING TO VOTE YES, BUT I WANT IT KNOWN THAT THIS IS NOT AN APPROPRIATE PROCEDURE. SO NOTED.
THANK YOU TONY. THANK YOU EVERYBODY. MR. CHAIRMAN, IF IT'S OKAY WITH YOU, I THINK THAT'S THE LAST MATTER YOU NEED ME FOR THIS EVENING. YOU ARE EXCUSED. ALL RIGHT, EVERYBODY, HAVE A GOOD NIGHT. GOOD NIGHT. SOMETHING I FORGOT TO MENTION UP TOP, AFTER WE HEAR PRINCETON ORTHOPEDICS APPLICATION AND WE DISCUSSED THE REDEVELOPMENT PLAN FOR 23 ORCHARD. I JUST WANT TO MAKE SURE THE NOMENCLATURE IS RIGHT. THIS IS AN INVESTIGATION. THIS IS NOT ANY APPROVAL FOR ANY PLAN. NOTHING LIKE THAT. THIS IS JUST AN INVESTIGATION. THAT'S CORRECT. OKAY. IN CASE ANYBODY WAS HERE LOOKING FOR A PLAN. OKAY. OUR NEXT CASE IS PB01 DASH 26. THE APPLICANT IS PRINCETON ORTHOPEDICS FOR BLOCK 28 006, LOT 43. THIS IS AN AMENDED MINOR SITE PLAN. IT'S THE BULK VARIANCE FOR SIGNAGE. THE EXPIRATION DATE IS APRIL 30TH OF 2025. AFFIDAVIT. AFFIDAVIT OF AFFIDAVIT OF NOTIFICATION AND PUBLICATION IS REQUIRED. AND FOR THE APPLICANT. YEAH. RICHARD SCHATZMAN, ATTORNEY FOR THE APPLICANT. WE RECEIVED PRELIMINARY AND FINAL SITE PLAN APPROVAL FOR PRINCETON ORTHOPEDICS, WHO'S ESTABLISHING A SURGICAL CENTER ON ROUTE 518. SPECIFICALLY 862, ROUTE FIVE, 18, LOT 43, BLOCK 2006. WE GOT APPROVAL. LET'S SEE. DECEMBER 9TH 2024. AND IT WAS MEMORIALIZED BY THIS BOARD ON JANUARY 13TH. 2025 THIS SEEKS AT THAT TIME WE GOT APPROVAL FOR ONE SIGN UP. BUT NOW WE NEED ANOTHER SIGN. BOTH SIGNS ARE NOT MORE THAN 50FT. AS EXPLAINED BY DAVID SCHMIDT, OUR ENGINEER. BUT THE VARIANCE HAS TO BE OBTAINED UNDER SECTION 16. 4.6 H1MB AND THE UPPER END OF MONTGOMERY TOWNSHIP LAND DEVELOPMENT ORDINANCE. BECAUSE YOU CAN ONLY HAVE ONE SIGN, NOT TWO SIGNS. SO TODAY WE HAVE MR. SCHMIDT. THE ENGINEER WILL GIVE THE DETAIL OF IT, AND WE HAVE STEVEN QUINNEY BRUGIONI, WHO WILL DISCUSS THE SIGN AND THE LIGHTING, BECAUSE THE ISSUE RAISED BY THE ENVIRONMENTAL COMMISSION AND LOREN MASLOWSKI
[00:40:05]
IS THE LIGHTING, THE. I MIGHT SAY THAT THE LIGHTING IS THE SAME AS THE SIGN THAT WAS ALREADY APPROVED, BUT YOU KNOW, YOU'RE GOING TO ADD TWO BYTES TO THE APPLE. SO WITHOUT FURTHER ADO, IF MISS CASEY WOULD SWEAR IN MR. SCHMIDT AND HE WILL THEN GIVE A BRIEF BUT DETAILED OUTLINE OF THE RELIEF THAT WE'RE SEEKING. MR. SCHMIDT, DO YOU SWEAR OR AFFIRM YOUR TESTIMONY THIS EVENING? WILL BE TRUTHFUL. I DO, DAVID J. SCHMIDT, A C H M I'D T LICENSE ENGINEER, STATE OF NEW JERSEY, LICENSE 39 409. I'VE BEEN PRACTICING ENGINEERING FOR 41 YEARS. I'VE BEEN IN FRONT OF THIS BOARD NUMEROUS TIMES AS WELL AS THE ZONING BOARD. I AM STILL IN GOOD STANDING WITH THE NEW JERSEY PROFESSIONAL ENGINEER, AND I HAVE BEEN JUST REINSTATED WITH THE TWO YEARS MORE LICENSE. SO WE'RE MOVING FORWARD. OKAY. I HAVE ON THE SCREEN WE HAVE TWO EXHIBITS, BUT THESE AREN'T EXHIBITS. THESE ARE JUST THE SUBMISSION PACKAGE. WHAT I HAVE SHOWN RIGHT NOW IS THE AMENDED MINOR SITE PLAN, AS PREPARED BY DDS ENGINEERING DATED JULY 18TH, 2024. REVISED JANUARY JANUARY 12TH, 2026. I THINK YOU ALL KNOW WHERE THE SITE IS. IT'S IN THE CENTER AS I SHOW ON THE SCREEN. OKAY, OKAY, WE HAVE 518 DOWN BELOW THE PROPERTY IS BLOCK 28 006, LOT 43. THE LOT AREA IS 9.92944 ACRES. IT'S IN THE REO3 ZONE. AS WE SAID, WE WERE HERE FOR A MINOR SITE PLAN. OKAY. AND WHAT WE WERE WHEN I WENT FOR THE MINOR SITE PLAN, WE ORIGINALLY HAD ONE WALL WALL MOUNTED SIGN THAT WAS LOCATED ON THE FAR EAST OF THE BUILDING. IT IS A P O A, WHICH IS THE TRADEMARK OF PRINCETON ORTHOPEDIC. IT'S ON THE EAST CORNER. IT WAS MEASURED AT 17.5FTā !S. WE ARE ASKING NOW TO HAVE THAT SIGNED INCREASE TO 25.1FTā !S, WHEREAS 50FTā !S IS PERMITTED. SO THAT IS A SLIGHT INCREASE FROM WHAT WAS ORIGINALLY APPROVED. WE ARE ALSO NOW ASKING TO HAVE THE SURGERY CENTER ADDED TO THE FRONT OF THE BUILDING. WE DID HAVE THESE SURGERY SURGERY CENTER ON THE ORIGINAL SUBMISSION. WHEN I CAME IN, THE SIGN APPLICATION WENT INTO THE TOWNSHIP VERY LATE. I DIDN'T NOTICE THE TWO AS OPPOSED TO THE ONE, AND I DID TESTIFY AT THAT HEARING THAT WE WERE NOT SEEKING ANY SIGN VARIANCE REQUEST. SO WHEN WE WENT FOR CONFORMANCE REVIEW, IT WAS PICKED UP AND SAID THAT YOU DIDN'T SEEK FOR TWO SIGNS. SO WE AMENDED THE SURGERY CENTER SO WE DIDN'T HAVE TO COME BACK SO THEY COULD START CONSTRUCTION. AND THAT'S WHY WE'RE HERE TODAY. SO IT WAS ORIGINALLY ON THIS RENDERING THAT WE PROVIDED YOU. THE SURGERY CENTER WAS ALWAYS THERE, THE PO WAS THERE AND WE WERE ALWAYS UNDER THE 50FTā !S. IT WAS JUST THAT I DIDN'T PICK UP. THAT WAS A21 SIGN MINIMUM AS OPPOSED TO TWO. SO IT WAS MY MISTAKE. AND THAT'S WHY WE'RE HERE BACK TODAY. THE SURGERY CENTER SIDE IS ON THE WEST SIDE OF THE BUILDING. IT'S 21.3FTā !S. AND AS I AS I CITED, A VARIANCE IS REQUIRED AS ONLY ONE MORE WALL MOUNTED SIGN IS PERMITTED. IF THE PO IS 25.1 AND THE SURGERY CENTER SIDE SURGERY CENTER SIGN IS 21, THREE HAVE A TOTAL OF 46.4FTā !S. SO THAT IS UNDER THE THE PERMITTED, WHICH IS 50FTā !S. BUT WE ARE TWO SIGNS UP. THE SECOND SIGN SURGERY CENTER IS MORE FOR ENTRANCE. IT'S MORE FOR WHEN PEOPLE COME IN, THEY CAN SEE THIS IS WHERE IT IS. IT'S A NICE TOUCH TO FINISHING OFF THE BUILDING. SO WE'RE REQUESTING RELIEF FOR TWO SIGNS. ALL MOUNT, ALL WALL MOUNTED SINGLE LIGHTING SIGNS WILL GO OFF AT 10 P.M. THAT WAS PUT IN THERE. IT'S NOT ON MY PLANS. IT WAS WHAT I SAW IN DISCUSSION WITH BILL HINES AND LOOKING AT LAUREN ZELENSKY'S REVIEW MEMORANDUM WITH THE BATS AND THE INSECTS, WE DECIDED TO TURN THE SIGNS OFF, HAVE A TIMER, AND HAD THEM ON AT DUSK AND OFF AT 10:00. THE. THE PRINCETON ORTHOPEDIC IS SET BACK ABOUT 450FT FROM THE ROADWAY, SO IT'S HARD TO SEE THE SIGNS. THESE SIGNS ARE NOT ENORMOUS IN SIZE. WE'RE NOT SEEKING A SQUARE FOOTAGE. WE'RE[00:45:05]
JUST REQUESTING RELIEF TO HAVE TWO. AND AS I POINTED OUT ORIGINALLY, WE DID HAVE TWO. IT WAS JUST A MISTAKE ON MY BEHALF. THAT'S ALL I HAVE. AS FAR AS SIGNAGE. I KNOW RICHARD POINTED OUT HE WANTS TO POINT OUT THAT WE HAVE SUFFICIENT AMOUNT OF LANDSCAPING LOCATED IN FRONT OF THE BUILDING THAT'S SCATTERED OUT, THAT HELPS MITIGATE THE THE SIGN. BUT I THINK THE THRUST OR THE THE BULK OF LAUREN ZELENSKY'S CONCERN WAS THE THE OMISSION OF LIGHTING AND THE BATS AND STUFF. AND I THINK THE TURNING THEM OFF WILL HELP RESOLVE THAT ISSUE. AND I ALSO WE HAVE TESTIMONY FROM STEVEN RAGON, RAGON TO GO OVER THE INTENSITY. BUT AS FAR AS MY PRESENTATION IS, THAT'S ALL I REALLY HAVE. MR. SCHMIDT OR MR. SCHWARTZMAN, DO YOU WANT THE.THIS MARKED AS AN EXHIBIT? IT IS ORIGINALLY PART OF THE ORIGINAL SUBMISSION PACKAGE. IT WAS THE SIGNAGE PLANS BY EFFECTIVE SIGN WORKS SUBMITTED DATED JULY 9TH, 2024. REVISED DECEMBER 10TH, 2025. AND IT WAS PART OF THE SUBMISSION PACKAGE. OKAY. SO YOU WANT STEVEN, YOU HAVE ANY QUESTIONS FOR ME OR ANY QUESTIONS FOR DAVE? I HAVE ONE, I DO HAVE ONE QUESTION, DAVE, ACTUALLY, AS AS HE'S MAKING HIS WAY UP, LAUREN SUGGESTS THAT THE SURGICAL CENTER SIGN ONLY OPERATE DURING BUSINESS HOURS AS OPPOSED TO 10 P.M. Y 10 P.M. I GUESS IS I WAS JUST THE NUMBER I CAME UP WITH. I FIGURED THEY MIGHT BE THERE UNTIL NINE. SO TEN, I WOULD SAY 9:00. MAYBE. WE HAVE MARIA HERE TODAY. NINE THERE ARE SURGERIES THAT GO THAT LATE. OKAY, OKAY.
THANKS. SWORN IN BY. MR. YES. COULD I HAVE YOUR NAME FOR THE RECORD, PLEASE? STEPHEN KUNI RANJAN, COULD YOU SPELL THAT, PLEASE? IT'S S T E V E N K U E N Y HYPHEN R O N G I O N E.
ALRIGHTY, AND DO YOU SWEAR OR AFFIRM YOUR TESTIMONY THIS EVENING WILL BE TRUTHFUL? I DO, THANK YOU. YOU WANT TO GIVE THE BACKGROUND ON YOUR KNOWLEDGE OF SIGNAGE AND LIGHTING? YEP.
STEPHEN COONEY RONGIONE WITH EFFECTIVE SIGN WORKS. I HOLD BACHELOR'S DEGREES IN MARKETING AS WELL AS MANAGEMENT AND LEADERSHIP. HAVE BEEN IN THE SIGNAGE INDUSTRY FOR GOING ON 14 YEARS NOW. SIX OF THOSE YEARS, HAVING SERVED AS A PROJECT MANAGER WITH THE LAST FEW YEARS HERE AS A SIGN CONSULTANT. OKAY, PROCEED. OKAY. AS YOU HEARD, ME AND MR. SCHMIDT STATE THAT THE REPORTS, NOT THE PLANNING REPORT, BUT BASICALLY THE ENVIRONMENTAL COMMISSION AND THE OPEN SPACE COORDINATOR IS CONCERNED ABOUT THE LIGHTING AND THE GLARE THAT IT MIGHT TRANSMIT OFF THE PROPERTY, AS WELL AS. THE BATS, NOT BEING. WILL BE IMPAIRED. SO WOULD YOU GIVE WHAT YOU BELIEVE TO BE AMELIORATING FACTORS ON ON THE LIGHTING, ON THE SIGN? ABSOLUTELY. SO THESE SIGNS ARE INTERNALLY ILLUMINATED WITH LEDS. THE MAIN THING WHEN WE'RE LOOKING AT LEDS AND THE LIGHT THAT THEY EMIT IS NOT NECESSARILY THE GRADE OF THE LED ITSELF, BUT A NUMBER OF FACTORS. THOSE FACTORS INCLUDE THE POWER SOURCE. SO POWER SUPPLY, WHAT KIND OF OUTPUT THE POWER SUPPLY GIVES TO THOSE LEDS, AS WELL AS THE FACES OF THESE SIGNS. FOR INSTANCE, IF WE'RE LOOKING AT THE PO SIGN HERE THAT HAS A BLUE FACE AS OPPOSED TO A WHITE FACE, YOU CAN PUT THE SAME LEDS INSIDE OF THOSE SIGNS. THE BLUE FACE IS GOING TO BE A LITTLE BIT MORE DULL THAN THE WHITE FACE. WHAT WE DO TO COMBAT THAT AND REALLY TO CONTROL THAT IS WE INSTALL DIMMERS. SO THESE DIMMERS THAT CAN BE AUTOMATIC DIMMERS, THEY CAN BE ADJUSTED AS WELL AS TIME CLOCKS. AS PREVIOUSLY MENTIONED, THESE WILL BE ON TIME CLOCKS TO BE SET OFF, TURNED ON AND SET OFF AT SPECIFIC TIMES. WE CAN ALSO INSTALL AUTOMATIC DIMMERS.
SO ONCE THE SIGNS ARE INSTALLED, THE WAY THAT WE LIKE TO MAKE SURE THAT THE SIGNS ARE THE THE BRILLIANCE OF THE SIGNS ARE IN CHECK AND WHERE THEY NEED TO BE IS. ONCE THE SIGNS ARE INSTALLED, WE COME BACK OUT TO THE LOCATION. WE TAKE A LOOK AT WHAT THE SIGNS LOOK LIKE WITH IN THE DARK, IN THE DAYTIME, AS WELL AS THE AMBIENT LED LIGHTING WITHIN THE AREA. AT
[00:50:03]
THAT POINT, WE CAN USE THE DIMMERS TO ADJUST THE LEVELS OF BRILLIANCE OF THOSE LEDS TO AN ACCEPTABLE LEVEL. AND YOU FEEL BASED UPON THAT, THERE'LL BE NO GLARE OFF THE PROPERTY. SINCE IT'S 9.9 ACRES. AND AS TESTIFIED TO BY MR. SCHMIDT, THE THE LANDSCAPING AND THE.THE WHAT IS THERE ALREADY AS FAR AS TREES WILL NOT CAUSE A GLARE OFF OF THE PROPERTY AND BE A DETRIMENT TO THE SURROUNDING PROPERTY. IS THAT CORRECT? CORRECT. GIVEN THE SETBACK OF THE PROPERTY OF THE BUILDING FROM THE FROM THE ROAD HERE, AS WELL AS THE VEGETATION AND LANDSCAPING THAT IS IN FRONT OF THE BUILDING BETWEEN THE BUILDING AND THE ROAD, WE DON'T FEEL THERE WILL BE ANY NEGATIVE EFFECT ON ANY ADJOINING PROPERTIES. ANYTHING.
ANY OTHER COMMENT ON. ALL THE REST? I'LL LEAVE EVERYBODY WITH THE SIGNS THAT WE INSTALL HERE.
WE HAVE INSTALLED MANY FOR FOR PRINTS AND ORTHOPEDICS THROUGHOUT THE YEARS ARE ALWAYS UP TO THE STANDARDS OF THE UCC UNIVERSAL CONSTRUCTION CODE, AND WE ARE WILLING TO MORE THAN WILLING TO WORK WITH ANY GOVERNING BODY TO MAKE ANY ADJUSTMENTS NEEDED. AS I AFOREMENTIONED, WITH AUTOMATIC DIMMERS WILLING TO COME OUT TO THE LOCATION TO DO A STUDY OF THE LIGHTS ONCE INSTALLED AND MAKE ANY ADJUSTMENTS FROM THERE ON. OKAY, I MIGHT POINT OUT THAT MOST OF THE LOT IS POINTED OUT BY CLARKE CATON HINTZ MEMO. MOST OF THE LOT IS COVERED WITH VEGETATION, INCLUDING MOST OF THE FRONT YARD AND A LARGE PORTION OF THE SIDE AND REAR YARDS, AND WE SUBMITTED AND WAS APPROVED A LANDSCAPING PLAN THAT THAT'S QUITE HEAVY AS FAR AS LANDSCAPING. SO THAT HELPS OUT THE. IT'S BACK 448FT FROM 518 SO AS MR. SCHMIDT TESTIFIED TO. IT'S. THE BUILDING IS VERY HARD TO SEE FROM. 518 IF YOU'RE TRAVELING EAST AND WEST. SO THAT'S OUR. I WOULD POINT OUT THAT THE THE FACADE IS IS QUITE LARGE AND ONE SIGN IS THERE TRADEMARK, SO TO SPEAK. THE OTHER JUST SHOWS YOU WHERE THE WHERE THE ENTRANCE TO THE SURGICAL CENTER IS. AND IT'S NOT LIKE IT'S HUGE SIGNS, BUT TWO SIGNS UNDER 50FT, WHICH IS YOUR ORDINANCE. AND THE SIGNS PROMOTE A DESIRABLE VISUAL ENVIRONMENT. IT ENCOURAGES SAFETY, SHOWING PEOPLE WHERE TO GO TO GET INTO THE SURGICAL CENTER AND PROVIDE A PROVIDES ADEQUATE LIGHT FOR SAFETY. AND THOSE ARE THREE REASONS. UNDER NJSA 40 COLUMN 55 D HYPHEN TWO, WHICH IS PART OF THE MUNICIPAL LAND USE LAW IN NEW JERSEY. AND THAT'S BASICALLY THE THE APPLICANT'S PRESENTATION AND OPEN UP THE QUESTIONS FROM THE BOARD. OKAY. ANY ANY COMMENTS OR QUESTIONS I DO. I JUST WANTED A LITTLE BIT OF CLARIFICATION. I KNOW THE CONCERN THAT WE WAS REPRESENTED WAS THE BATS AND THE MOSQUITOES AND BUGS. AND THEN YOU TALKED ABOUT THE INTENSITY OF THE LIGHT AND HAVING DIMMERS. THE TIME IS GOING TO BE 10 P.M. 9 P.M. IS THERE ANY WAS THERE ANY SORT OF CORRELATION BETWEEN HAVING THOSE CAPABILITIES WITH THE LIGHTS THAT WOULD REDUCE THE BATS OR THE BUGS OR ANYTHING, OR IS IT JUST THAT YOU HAVE THAT? SO REALLY WE WE DO HAVE THAT. SO AUTOMATIC DIMMERS AND ADDING THESE FUNCTIONS TO SIGNS ARE, IS ALWAYS AN OPTION. GIVEN THE CONCERNS RISEN BY THE ENVIRONMENTAL COMMISSION, WE, WE FELT THAT IT WAS A GOOD IDEA TO ADD THOSE INTO THIS PARTICULAR SIGN HERE TO ADJUST ANY ANY ILLUMINATION HERE. A MAJORITY OF SIGNS THAT GO UP DO HAVE THESE FUNCTIONS ON THEM, WHETHER IT BE A A PHOTOCELL THAT CHANGES THE THE DIMNESS AND BRIGHTNESS OF THE SIGN ALONG WITH THE SUN AND, AND RISING AND, AND, AND ALSO, YOU KNOW, FALLING OR A TIME CLOCK IN WHICH WE WILL HAVE ON THIS AS WELL, IN ADDITION TO THE DIMMERS. OKAY. ALRIGHT. THANK YOU. OTHER QUESTIONS. FROM MY PERSPECTIVE, YOU GUYS ARE HERE
[00:55:07]
BECAUSE YOU MESSED UP. AND DAVE, THANK YOU FOR ADMITTING THAT. BUT YOU'RE HERE BECAUSE YOU MESSED UP THE FIRST TIME. I THINK THAT TO TALK A LITTLE BIT SARCASTICALLY ABOUT BATS AND THINGS LIKE THAT IS INAPPROPRIATE. I THINK THAT IF ANYONE BOTHERED TO READ LAUREN'S ENTIRE MEMO, THERE WAS A LOT OF THOUGHT PUT INTO IT. SO WITH THAT, I WOULD LIKE TO PROPOSE THAT PRIOR TO TURNING THESE LIGHTS ON, THAT THE ENVIRONMENTAL COMMISSION IS CONSULTED AND BROUGHT OUT TO THE PROPERTY AND EXPLAINED EXACTLY WHAT'S GOING TO HAPPEN.IS THERE ANY OBJECTION TO THAT? NOT FROM US AS THE SIGN VENDOR. NO, NO, NO, THAT'S A GOOD IDEA, ACTUALLY. OKAY. ABSOLUTELY. THAT'S DONE A LOT AND A LOT. SOME LAND USE APPLICATIONS.
THAT'S THAT'S I THINK IN THIS IN THIS CASE UNUSUAL. YEAH. GOOD. YEAH. EVERYONE OKAY WITH THAT? YES. THAT'S A GREAT IDEA. ALL RIGHT THEN GIVEN THAT WELL, FIRST OF ALL, ANYONE FROM THE PUBLIC HERE TO TALK ABOUT THAT, DO I HAVE A MOTION TO CLOSE PUBLIC COMMENT. SO MOVED SECOND.
ALL IN FAVOR? AYE. OKAY. ANY FURTHER DISCUSSION FROM THE BOARD NEEDED? I DON'T SEE SARAH.
YOU'RE ON THE ENVIRONMENTAL COMMISSION. YOU GOOD? YES. WE WE HAD HAVE NO OBJECTION TO THE SIGNS THEMSELVES. AND WE APPRECIATE THE ACCOMMODATIONS. THANK YOU. VERY GOOD. ALL RIGHT.
DO I HAVE A MOTION TO APPROVE? DO I HAVE A SECOND ROLL CALL, PLEASE? DARIA? YES, YES. YES.
VAUGHN. YES. YES. ROBERTS. YES. YES. SINGH. YES. LAUGHLIN. YES. ALL RIGHT. THANK YOU. THANK YOU VERY MUCH. OKAY. NEXT UP, WE HAVE THE INVESTIGATION INTO A REDEVELOPMENT PLAN FOR 23 ORCHARD A I N THERE'S A PRESENTATION OF THE INVESTIGATION STUDY ENTITLED PRELIMINARY INVESTIGATION OF AN AREA IN NEED OF REDEVELOPMENT. PARENTHESES. CONDEMNATION FOR 23 ORCHARD REDEVELOPMENT DATED MARCH 2ND, 2026. AND FOR PRESENTATION, I BELIEVE WE HAVE MICHAEL SULLIVAN TO KICK US OFF. OR IS THAT WORKING ON THE. AVI? OKAY, WHILE WE'RE DOING THAT, FOR THE RECORD, I'M MICHAEL SULLIVAN WITH CLARK88 AND CONSULTING PLANNER FOR MONTGOMERY TOWNSHIP, LICENSED PROFESSIONAL PLANNER IN THE STATE OF NEW JERSEY, CERTIFIED BY THE AMERICAN INSTITUTE OF CERTIFIED PLANNERS. AND I'M ALSO CERTIFIED, I THINK THEY CALL IT LICENSED NOW LANDSCAPE ARCHITECT. AND I'VE BEEN PRACTICING AS A PLANNER SINCE 1992. AND THAT'S SHOCKING. OKAY, YOU'RE ACCEPTED. SO THE, THE. AS WELL. ALL THE SCREENS. YEAH.
OKAY. YEAH, THANKS. I DON'T HAVE A LOT OF SLIDES TONIGHT. THIS IS A PRETTY SIMPLE THING, BUT I DO HAVE SOME EXCERPTS THAT'LL BE HELPFUL TO ILLUSTRATE WHAT'S GOING ON. IS IT SHOWING? YEAH. IT'S COMING. OKAY. SO THE PURPOSE OF TONIGHT'S HEARING IS TO FOR THE PLANNING BOARD TO CONSIDER A REPORT PREPARED BY MY OFFICE TO DETERMINE WHETHER THE 23 ORCHARD STUDY AREA SHOULD BE DESIGNATED AS A REDEVELOPMENT AREA BY THE TOWNSHIP COMMITTEE AND A PUBLIC HEARING. THIS IS A PUBLIC HEARING IS REQUIRED AS PART OF THIS PROCESS. AND AS A REFRESHER ON THE PROCESS. THE WAY THIS WORKS IS THE GOVERNING BODY WILL ADOPT A RESOLUTION.
THEY WILL ASK THE PLANNING BOARD TO STUDY A SPECIFIC AREA TO DETERMINE WHETHER IT SHOULD BE DESIGNATED AS AN AREA IN NEED OF REDEVELOPMENT. THE PLANNING BOARD THEN WORKS WITH THEIR PLANNER TO DEVELOP A STUDY AND LOOKS AT INFORMATION AND MEASURES THAT AGAINST THE CRITERIA IN THE LAND USE LAW. AND THEN THE PLANNING BOARD CONDUCTS THIS HEARING AND THEY MAKE A DETERMINATION BASED ON THE FACTS. AND WHAT PRESENTED IN THE HEARING. SHOULD YOU DESIGNATE IT TONIGHT OR RECOMMEND DESIGNATION TONIGHT, YOU WOULD SEND THAT RESOLUTION BACK TO THE GOVERNING BODY, AND THEY WOULD DECIDE WHETHER TO DESIGNATE IT AS AN AREA IN NEED OF REDEVELOPMENT OR NOT. IF THEY DO, THE NEXT STEP IS A REDEVELOPMENT PLAN, WHICH IS UNDERTAKEN BY THE GOVERNING BODY, AND THE PLANNING BOARD GETS REFERRAL JUST LIKE AN ORDINANCE WOULD BE. SO THAT'S THE PROCESS. SO THE REASON WE'RE HERE IS BECAUSE THE TOWNSHIP COMMITTEE HAS DIRECTED THE PLANNING BOARD TO DO THIS. AND IN ADDITION, WHEN THEY INDICATED THAT IT SHOULD BE STUDIED, THEY INDICATED THAT IT SHOULD BE DONE AS A NON CONDEMNATION REDEVELOPMENT AREA. THAT'S REALLY IMPORTANT. THE STATUTE REQUIRES YOU TO TO TO SEPARATE THAT NON CONDEMNATION MEANS THAT ONCE IF IT IS DESIGNATED, YOU CANNOT USE THE
[01:00:02]
POWER OF EMINENT DOMAIN IN THAT AREA. RIGHT. SO SO THE AGENDA WHICH SAYS WITH CONDEMNATION IS NOT CORRECT. I THINK THAT'S JUST THE NAME OF THE NO NO IT'S NOT IT'S NOT IT SHOULD SAY NON CONDEMNATION. YEAH. IT'S IT'S WITHOUT CONDEMNATION. WHEN I WAS READING THE REPORT I SAW A NON CONDEMNATION. IT'S NON CONDEMNATION. YEAH. THE AGENDA IS SO FOR THE RECORD IT'S NON CONDEMNATION FOR THE RECORD. OKAY. CAN YOU DO YOU WANT TO JUST PULL IT UP. DO YOU HAVE THE. NO JERRY HAS THE USE. I CAN'T BELIEVE IT'S ON THE. YEAH IT'S ON THE. I'LL GO DO IT.OKAY. OKAY. SO THIS IS A NON CONDEMNATION REDEVELOPMENT AREA. AND A REDEVELOPMENT AREA IS AN AREA OR AN AREA NEED OF REDEVELOPMENT MEANS AN AREA DETERMINED TO BE AN AREA IN NEED OF REDEVELOPMENT PURSUANT TO THE CRITERIA OF THE LOCAL REDEVELOPMENT HOUSING LAW. AND YOU MUST FIND THAT THE CRITERIA IS MET IN ORDER TO DO THAT. AND THAT CRITERIA GENERALLY, BUILDINGS OR PROPERTY THAT ARE DILAPIDATED OR OTHER CONDITIONS WHICH ARE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY AND WELFARE, OBSOLESCENT CONDITIONS, UNPRODUCTIVE OR STAGNANT CONDITIONS GENERALLY. BUT THERE'S EIGHT OF THEM. THE PRELIMINARY INVESTIGATION EXAMINES THE PROPERTY RELATIVE TO THOSE CRITERIA AND PRESENTS EVIDENCE, AND IT MUST BE SUBSTANTIAL EVIDENCE. THE COURTS HAVE SAID IT MUST BE SUBSTANTIAL EVIDENCE CAN'T JUST BE THAT YOU THINK IT IS, OR YOU OR YOU HAVE A FEELING ABOUT IT. IT'S GOT TO BE EVIDENTIARY. SO WE PREPARED PRELIMINARY INVESTIGATION. ISABELLA AND MYSELF WORKED ON THIS. AND THE DRAFT IS DATED MARCH 2ND, 2026. AND I'M GOING TO SUMMARIZE THE FINDINGS TONIGHT. AND THE FINDINGS ARE BASED ON INFORMATION WE RECEIVED FROM THE PROPERTY OWNER. ON SITE INVESTIGATIONS OF THE BUILDING AND THE SITE AND REVIEW OF DATA, STATE DATA AND OTHER REPORTS, ECONOMIC AND REPORTS RELATING TO OFFICE BUILDINGS. SO CAN YOU GO TO THE NEXT SLIDE? OH, SORRY.
WE HAVE TWO PEOPLE IN THE AUDIENCE. I WANT TO MAKE SURE THEY KNOW WHERE THIS IS. YEAH.
THEY MAY BE FAMILIAR WITH WHERE IT IS. SO JUST YOU AND I JUST. I'M NOT. THANKS, DARA. YEAH.
JUST GO TO THE NEXT ONE. YEAH. SO THE LOCATION OF IT, OF THE SITE, IT'S, IT'S AT THE INTERSECTION OF ORCHARD ROAD AND NEW JERSEY STATE HIGHWAY, ROUTE 206. THE STUDY AREA IS OWNED BY ORCHARD ROAD LLC. IT'S BLOCKED 28 001 LOT 5.02, AND IT'S ABOUT 44 ACRES. AND THE PROPERTY ASSESSMENT AT THE TAX OFFICE SAYS $5 MILLION. THE EXISTING USES AND FACILITIES.
CAN YOU PULL UP THE AERIAL NEXT ONE. ALL RIGHT. THERE YOU GO. SO THIS GIVES YOU A SENSE OF OF LOOKING AT THE PROPERTY THE ENTIRETY OF THE PROPERTY. THE OFFICE BUILDING IS RIGHT KIND OF IN THE TOP THIRD, IT'S THE DIAMOND SHAPED BUILDING THERE. THE PARKING LOTS ARE TO THE NORTH OF THAT. AND THEN TO THE SOUTH ARE SOLAR FIELDS. AND THEN TO THE SOUTH OF THAT IS THE BROOK AND STREAM, AND WETLANDS AND FORESTED AREAS THAT ARE OPEN SPACE. THE BUILDING ITSELF HAS OVER 220,000FTā !S OF FLOOR AREA, GROS FLOOR AREA, BUT ONLY 169,000 OF THAT ROUGHLY IS LEASABLE. IT'S GOT AN INTERNAL BUILDING SUPPORT, AMENITY SPACES. SOME OF THOSE AMENITY SPACES APPEAR THAT THEY ARE ACTUALLY BEING USED IN LEASABLE AREAS FOR THE TIME BEING, SINCE THEY'RE NOT BEING LEASED. IT'S GOT 488 OFF STREET PARKING SPACES. THE SOLAR POWER ARRAY IS AROUND FOUR ACRES, AND THERE'S ONSITE SUBSURFACE WASTEWATER DISPOSAL WITH A CAPACITY OF 11,000 GALLONS PER DAY, ROUGHLY A LITTLE OVER. IT'S GOT SIGNS AND OTHER PERTINENT THINGS LIKE LOADING DOCKS AND THINGS LIKE THAT, AND IT'S GOT A CONSERVATION EASEMENT WHERE THE STREAM CORRIDOR IS. SO LET'S TALK ABOUT THE EVIDENCE. SO THERE'S ONE CRITERION OF THE LAND USE LAW THAT I BELIEVE IS MET HERE. AND THAT IS CRITERION B. AND CRITERION B STATES THAT THE DISCONTINUANCE OF THE USE OF BUILDING OR BUILDINGS PREVIOUSLY USED FOR COMMERCIAL, RETAIL, SHOPPING MALLS OR PLAZAS, OFFICE PARKS, MANUFACTURING OR INDUSTRIAL PURPOSES, THE ABANDONMENT OF BUILDINGS USED THAT WAY, OR SIG NIFICANT VACANCIES OF SUCH BUILDINGS OR BUILDINGS FOR AT LEAST TWO CONSECUTIVE YEARS. SO THE EVIDENCE THAT WE FOUND INDICATES THAT THERE'S BEEN SUBSTANTIAL VACANCIES FOR OVER TWO YEARS IN THIS IN THIS BUILDING. HERE'S WHY YOU CAN GO TO THE NEXT ONE. THE BUILDING
[01:05:02]
WAS FIRST CONSTRUCTED IN 1979. RESEARCH OFFICE AND LAB SPACE. IT WAS EXPANDED IN 1983 AND 1985, AND IT'S HAD VARIOUS RENOVATIONS OVER THE YEARS. A MAJOR TENANT, I BELIEVE FROM 2005 TO 2016 VACATED, AND THAT WAS J AND J. AND SINCE THAT TIME, WHAT WE'VE LEARNED IS THAT THERE'S BEEN ROUGHLY LESS THAN 50% OCCUPANCY SINCE J LEFT THE FLOOR. PLAN EXHIBITS THAT WE HAVE OUT HERE REALLY SHOWS YOU THE EXTENT OF WHICH TO WHICH THIS BUILDING IS VACANT.THE GRAY AREAS ARE THE COMMON AREAS AND AMENITY SPACES. SO THAT'S THE ATRIUM MECHANICAL SPACE, COMMON BATHROOMS, CAFETERIA AND SUCH LIKE THAT. THE GREEN AREAS AND THESE ARE IDENTIFIED AS SUITES. AND WE GOT THIS INFORMATION FROM THE OWNER AND WE WORK WITH THEM OVER A COUPLE OF MONTHS TO GET THIS. SO WE UNDERSTOOD IT FULLY. THE THE GREEN ARE OCCUPIED AREAS AND THE RED ARE THE VACANT. SO THE FIRST FLOOR IS THE FIRST FIGURE, THE TOP FIGURE THERE. YOU CAN SEE IT'S MOSTLY RED AND THE REST IS IS GRAY. CAN YOU SLIDE UP JUST A LITTLE BIT TO THE SECOND FLOOR? YOU CAN SEE THE SECOND FLOOR SEEMS TO HAVE THE MOST ROBUST.
TENANCY. SO THE GREEN IS SUITE 210 AND 206 AND 205. AND THEN 202. AND THE REMAINDER OF THE SUITES ARE VACANT. AND THEN YOU SEE THE GRAY COMMON AREAS THERE. AND WHEN YOU SLIDE UP A LITTLE BIT MORE, YOU GET TO THE THIRD FLOOR. AND NOW YOU SEE THAT IT'S IT'S ENTIRELY VACANT. AND ALTHOUGH I DIDN'T INCLUDE IT IN THE PRESENTATION TONIGHT, WHEN YOU GO TO OUR REPORT, YOU CAN SEE THAT WE'VE DOCUMENTED OUR WALK THROUGH HERE. NOW, WE DIDN'T MEASURE EVERYTHING. WE RELIED ON THE SCALED ARCHITECTURAL DRAWINGS AND THE INFORMATION FROM THE APPLICANT, BUT THERE ARE SUITES JUST STACKED WITH CHAIRS THAT ARE NOT BEING USED. THERE'S EQUIPMENT THAT'S PUT ASIDE. THERE'S THINGS, THERE'S MAINTENANCE STUFF AROUND IT.
IT'S LIKE A HAUNTED HOUSE OVER THERE IN TERMS OF LIKE AN OFFICE SPACE, RIGHT? SO, SO THESE, THESE DIAGRAMS REALLY GIVE YOU THE SENSE OF THAT. SO AND WHAT WE LEARNED WAS THAT.
AND SO WE HAVE TO GO BACK AT LEAST TWO YEARS. SO WE GO BACK TO 2023. AND IN 2023 THERE WAS AN 88, ALMOST 89% VACANCY RATE WITHIN THE LEASABLE FLOOR AREA. IN 2024, IT WAS JUST OVER 85%.
AND THEN IN 2025, IT'S DOWN TO 75.6%. SO WHAT WE'RE SEEING HERE IS A TREND IN VACANCY. NOW, IT'S GOTTEN A LITTLE BIT BETTER BECAUSE I THINK THAT THEY'VE BEEN I KNOW THAT THEY'VE BEEN OFFERING BELOW MARKET LEASES, AND THEY'VE BEEN TRYING TO MAKE SWEETEN THE POT FOR SOME OF THE TENANTS TO TRY TO KEEP THEM THERE. AND THERE'S NO GUARANTEE THAT THEY'LL STAY EVEN AT THE REDUCED RENTS. BUT VACANCY RATES OVER THE LAST THREE YEARS HAVE EXCEEDED 75%. WE CAN SAY THAT DESPITE THE OWNER OFFERING MARKED BELOW MARKET RENTS, THE STATEWIDE VACANCY RATE IN 2025 WAS 23%. SO THERE ARE OVER 75%. THAT'S SUBSTANTIAL AND IT EXCEEDS IT. SO THE TREND IN VACANCY RATES THAT HAVE NOT STABILIZED IN THE LAST THREE YEARS SATISFIES THE CRITERIA.
AND I FIND THAT THE INFORMATION THAT WE FOUND ABOUT THE BUILDING AND WE'VE COMPARED IT TO THE STATE DATA, IS SUBSTANTIAL EVIDENCE IN FAVOR OF DESIGNATING THIS AS AN AREA IN NEED OF REDEVELOPMENT. AND THE STATUTE WAS INTENDED, IT WAS AMENDED TO PURPOSEFULLY.
THEY THESE BUILDINGS ARE ARE THERE'S A KIND OF TERM OF ART STRANDED ASSETS, LIKE YOU COULD GO TO THE THE MERC COMPLEX AND WHITEHOUSE STATION OR, YOU KNOW, BRISTOL MYERS SQUIBB AND HOPEWELL, RIGHT. THERE WERE THESE SUBURBAN OFFICES THAT WERE, YOU KNOW, IN THE 80S, 70S AND 80S WERE BEING BUILT. AND THEN THINGS CHANGED. AND SO THE STATUTE SPECIFICALLY RECOGNIZES THAT. AND IT USED TO BE THEY HAD TO BE ABANDONED. NOW THEY JUST HAVE TO HAVE SIGNIFICANT VACANCIES FOR A PERIOD OF TWO YEARS. SO THIS IS SPECIFICALLY WHY, IN MY OPINION, THE STATUTE SAYS THAT, OKAY. THANK YOU MICHAEL. PUBLIC COMMENT. ANYONE FROM THE PUBLIC HERE TO COMMENT? GET IN LINE. SURE. OKAY. DO I HAVE A MOTION TO CLOSE PUBLIC COMMENT. SO MOVED. SECOND, ALL IN FAVOR. SECOND I OKAY BOARD QUESTIONS, DISCUSSION, ETC. TONI WELL, I THINK YOU'VE SATISFIED THE THE LOGIC THAT WE CAN DO THIS IF WE WANT TO DO THIS. BUT THE NEXT QUESTION IS,
[01:10:02]
SHOULD WE THERE'S A DIFFERENCE BETWEEN ABLE TO DO IT AND IT'S DESIRABLE TO DO IT. WHY SHOULD WE DO THIS? I DON'T GET PAID TO KNOW THE WHYS, BUT I DO. I GET PAID WHEN THE TOWNSHIP SAYS, WE THINK IT'S A GOOD IDEA TO, TO STUDY THIS, TO DETERMINE WHETHER IT'S AN AREA IN NEED OF REDEVELOPMENT. THE NEXT STEP, THE PLAN, HOW HOW THIS MIGHT GO DOWN IN TERMS OF PLAN. THAT'S FOR THE NEXT DISCUSSION. THERE'S ONE ELEMENT ON THE TABLE TONIGHT AND THAT IS, IS THERE SUBSTANTIAL EVIDENCE THAT IT MEETS THE CRITERIA FOR REDEVELOPMENT. AND IF THAT'S SATISFIED, THEN YOU CAN MAKE A RECOMMENDATION BACK TO THE GOVERNING BODY TO SAY, YES, IT SHOULD BE. SO I, I AGREE, TONY, BUT THERE'S A VERY NARROW SCOPE TO THIS AND IT SAYS, MICHAEL SAID GOVERNING BODY ASKED US TO DO AN INVESTIGATION TO SEE IF IT DOES MEET THE CRITERIA, NOT THE WHY, BUT YES OR NO. SO. THE AREA NEEDED REDEVELOPMENT THAT IS SPECIFICALLY TO THIS ONE PARCEL? OR IS IT THE IS IT A MORE OF THE AREA? IS IT ARE THERE ANY OTHER PROPERTIES IMPACTED BY DESIGNATING A PROPERTY AREA IN NEED OF REDEVELOPMENT? IT IS SPECIFIC TO THIS BLOCK AND LOT. THERE ARE NO OTHER BLOCKS. IT'S ONE LOT. OKAY. AND I KNOW THAT IT IS BORDERED TO THE WEST BY A TOWNHOUSE DEVELOPMENT. MONTGOMERY RIDGE, RIGHT. THE QUESTION THAT I HAVE IS, I MEAN, THIS IS LARGELY LOOKING AT THE BUILDING THAT'S THERE, RIGHT? BUT THERE'S ALSO THE SOLAR ARRAY. HOW DO HOW DO THOSE TWO INTERACT? AND OBVIOUSLY PARKING LOTS AND PARKING LOT, IT PROVIDES SOLAR POWER. IT PROVIDES ENERGY TO THE BUILDING.RIGHT. BUT IN TERMS OF REDEVELOPMENT, YOU KNOW, IF THAT LOT GETS REDEVELOPED, I MEAN, IS EVERYTHING IN PLAY THERE? THEN EVERYTHING'S IN PLAY. OKAY. EVERYTHING BUT THE STREAM CORRIDOR. YEAH, PLEASE. ARE THE SOLAR PANELS OVER THE PARKING LOT? NO, NO, THEY IT'S IT'S A FIELD, RIGHT. IT'S IT'S TO THE SOUTH OF IT AND THEY'RE, THEY'RE MOUNTED, YOU KNOW, STARTING AT LIKE THREE FEET ABOVE THE GROUND TO LIKE EIGHT FEET ABOVE THE GROUND, THEY'RE ANGLED TO THE SOUTH. AND IF I'M, IF I REMEMBER CORRECTLY, MAYBE BE CORRECTED. BUT WHEN JAMIE HERRING BUILT THAT ARRAY, IT WAS FOR TAX PURPOSES. AND I DON'T BELIEVE THAT ARRAY PROVIDES POWER TO THE BUILDING. I THOUGHT THE ARRAY THE POWER IS SOLD TO THE TO THE GRID.
YEAH. YEAH. IS IT TO THE BUILDING. OKAY. ANY OTHER QUESTIONS? RECENTLY I THOUGHT RECENTLY MEANING WITHIN THE PAST SIX MONTHS THERE WAS AN INITIATIVE TO TRY AND ATTRACT A PHARMACEUTICAL AND HIGH TECH CORPORATIONS TO MONTGOMERY TOWNSHIP. AND THE AVAILABILITY OF ATTRACTIVE FACILITIES TO SUPPORT THAT KIND OF THING WAS ONE OF THE ARGUMENTS WE MADE AS TO WHY WE WERE AN ATTRACTIVE PLACE TO BE. THIS BUILDING WAS ONE OF THOSE PLACES THAT WOULD COULD MAYBE BE ATTRACTIVE TO AN ORGANIZATION DOING THOSE THINGS. ARE WE HAVE WE CHANGED COURSE OR DID WE SHOOT OURSELVES IN THE FOOT OR WHAT'S GOING ON? SO, TONY, MAYBE I CAN ANSWER TO THAT. WE MADE A BIG PUSH TO DO THE INNOVATION HUB, WHICH WE STILL CALL IT THE MONTGOMERY INNOVATION HUB. THE UNFORTUNATE PART IS THAT WE DID HAVE A LOT OF INTEREST. WE DID THE FIRST INNOVATION SUMMIT LAST YEAR, AND A LOT OF COMPANIES WERE INTERESTED, BUT THE BUILDING IS NOT UPDATED FOR THE SCIENCE AND BIO TECH PEOPLE WHO WERE COMING IN, THEY GOT REALLY EXCITED. WE HAD 100 PEOPLE IN THIS BUILDING AND WE PROMOTED HEAVILY, AND ONCE THEY WENT AND SAW THE BUILDING, UNFORTUNATELY, WE WERE NOT ABLE TO CONVERT THEM TO. THEY KEPT ON SAYING, THIS NEEDS A LOT OF WORK. THIS IS NOT FOR TODAY'S SCIENCE. AND SO THE HOPE IS THAT THAT IS WHAT THIS AREA OF NEED. THIS IS WHAT THE TOWNSHIP COMMITTEE IS LOOKING AT, THAT. THIS BRINGS US TO THAT POINT OF HAVING ENOUGH MONEY TO MAKE THIS MONTGOMERY INNOVATION HUB.
THERE WAS WE WERE ASKED BY THE COUNTY TO HAVE THIS AS A SOMERSET INNOVATION HUB, AND WE SAID, NO, IT'S A MONTGOMERY INNOVATION HUB AND IF WE CAN GET IT TO THAT POINT, TONY, IS THE EFFORT. THANK YOU, MAYOR. AND I BELIEVE THAT THE THE DESIGNATION WILL HELP PROVIDE ADDITIONAL FUNDING TO UPGRADE THE BUILDING TO HOPEFULLY MAKE IT INTO A POTENTIAL HUB. YEAH,
[01:15:02]
THAT WAS GOING TO BE MY NEXT QUESTION. ABOUT WHAT, WHAT WHAT DOES MONTGOMERY GET OUT OF THIS DESIGNATION? BECAUSE JUST BY ITS NAME, IT SEEMS A LITTLE BIT KIND OF NEGATIVE POTENTIALLY.AND SO WHAT ARE SOME OF THE POSITIVE IMPACTS AND SOME OF THE NEGATIVE IMPACTS OF A DESIGNATION LIKE THIS? WELL, THE FIRST THING YOU KNOW, THE REDEVELOPMENT STATUTE LOOKS AT LOTS OF DIFFERENT CONDITIONS. WE ONLY NEEDED TO GET TO ONE OF THESE CRITERIA. WE DON'T HAVE TO SAY THAT IT MEETS SEVERAL CRITERIA, RIGHT. IT PROBABLY DOES MEET MORE THAN THE CRITERIA WE SAID, BUT WE DIDN'T NEED TO DO THAT. SO YOU DON'T YOU DON'T GO FORWARD WITH THAT BECAUSE IT REQUIRES A LOT MORE ANALYSIS IN TERMS OF THE BUILDING CONDITIONS. I WOULD VENTURE TO SAY THAT THAT BUILDING FOR THE USES THAT YOU'RE ENVISIONING, IT'S OBSOLETE FOR THAT. AND A LARGE AMOUNT OF OF THE AREA, BUT FROM, FROM A STANDPOINT OF BENEFIT, YOU KNOW, WE ITEMIZE AND WE TALK ABOUT IN HERE THE, THE TAXES AND THE RATABLES AND THINGS LIKE THAT AND THE VALUATION AND WE COMPARE IT TO BLOOMBERG. BLOOMBERG'S ASSESSED, YOU KNOW, IT'S A SMALLER BUILDING. IT'S ONE TENANT AND IT'S A LITTLE DIFFERENT SITUATION, BUT IT'S SUBSTANTIALLY MORE VALUABLE FROM A TAX STANDPOINT THAN THIS IS. IF THIS PERSISTS, IF THIS CONDITION PERSISTS. SO LET'S JUST TALK ABOUT THE INACTION.
IF THIS CONDITION PERSISTS OVER TIME AND NOTHING CAN GET DONE HERE, THEN THE OWNER OF THAT BUILDING IS GOING TO BE POUNDING ON YOUR DOOR WITH A TAX APPEAL, RIGHT. AND HE'S GOING TO, YOU KNOW, DEAL, NEGOTIATE AND YOU'LL HE'LL HAVE LOWER TAXES AND YOU'LL HAVE LESS TAXES. RIGHT? THE REDEVELOPMENT STATUTE WAS CREATED TO AMELIORATE THOSE TYPES OF CONDITIONS. IT WAS IT WAS INTENDED TO GET PROPERTIES TO BE MORE PRODUCTIVE AND, AND TO PAY INTO THE TAX ROLLS AND HAVE THAT SUPPORT. SO THAT'S A CORE PIECE OF IT. BUT THE OTHER PART OF IT IS THE VIBRANCY AND THE ECONOMICS. AND YOU DON'T HAVE A DILAPIDATED BUILDING.
THE OWNER DOESN'T HAVE ENOUGH MONEY TO MAINTAIN IT. IT'S JUST GOING TO GET DILAPIDATED. AND AND THAT'S GOING TO BE IT. SO YOU WANT TO GET PROPERTIES BACK ON THE ROLLS. YOU WANT TO HAVE ROBUST TAX ROLLS, AND YOU WANT A ROBUST ECONOMY AND YOU WANT TO BE ABLE TO TRACK THOSE. SO THE REDEVELOPMENT STATUTE AND THE REDEVELOPMENT PLAN MIGHT FOLLOW THIS. AND THE AND THE FISCAL TOOLS THAT ARE AVAILABLE THROUGH THE REDEVELOPMENT STATUTE, SUCH AS REVENUE, REDEVELOPMENT AREA BONDING PAYMENTS IN LIEU OF TAXES, THINGS LIKE THAT YOU CAN ONLY USE IN A REDEVELOPMENT AREA. SO WHEN YOU DO THAT, THAT THAT HELPS WHEN YOU HAVE PUBLIC BENEFIT ON ONE SIDE, YOU CAN BRING THOSE THINGS IN TO MAKE IT BETTER. SURE TO RECOGNIZE A LONGER TERM VISION FOR VIBRANCY AND ECONOMIC ACTIVITY. YEAH. THANK YOU. THAT'S A VERY THOROUGH EXPLANATION. I APPRECIATE IT. I MEAN, IT SEEMS TO ME, MICHAEL, THIS IS A GOOD USE OF THE REDEVELOPMENT STATUTE. YES IT IS. YEAH. FROM FROM A POSITIVE PERSPECTIVE.
OKAY. ANY OTHER COMMENTS OR QUESTIONS BEFORE WE CLOSE? OKAY. DO I HAVE A MOTION TO RECOMMEND TO THE GOVERNING BODY THAT THE AREA IS IN FACT IN NEED OF REDEVELOPMENT? IS THAT SAID CORRECTLY? YEAH. CLOSE ENOUGH, CLOSE ENOUGH. OKAY. MOVED. SECOND. ROLL CALL PLEASE.
BATTLE. YES. YES. YES. MONEY. YES. ROBERTS. YES. YES. SINGH. YES AND YES. THANKS FOR YOUR ATTENTION. APPRECIATE IT. THANK YOU. MICHAEL. ISABELLE. THANK YOU. OKAY. LAST, LAST ITEM BEFORE WE GO INTO CLOSED SESSION IS MINUTES TO THE SEPTEMBER 8TH. SEPTEMBER 8TH, 2025. IS THAT POSSIBLE? YEAH. WHOA. OKAY. WHOA. DO I HAVE A MOTION TO APPROVE? DO I HAVE A SECOND? SECOND, AND WE'LL GIVE DAR A SECOND TO SIT DOWN, TAKE A BREATH. BEFORE SHE WAS THE FIRST AND SECOND. SHE'S RUNNING BACK AND FORTH. YEAH. WE'RE GOOD. OKAY. YES YES YES YES YES YES. OKAY. NOW I'M GOING TO READ THE RESOLUTION AUTHORIZING A CLOSED SESSION TO THE PUBLIC.
FOR THEIR HOME WATCHING ON TV. THEY ARE, THEY ARE. HELLO, FOLKS. WHEREAS NJSA TEN, COLON FOUR DASH 12, THE OPEN PUBLIC MEETING ACT AUTHORIZES THIS BOARD TO EXCLUDE THE PUBLIC FROM THAT PORTION OF THE MEETING AT WHICH THIS BOARD DISCUSSES CERTAIN MATTERS, WHEREAS THE BOARD IS ABOUT TO START AGAIN, ABOUT TO DISCUSS DISCUSS SUCH A MATTER, SPECIFICALLY LITIGATION PENDING AGAINST THE PLANNING BOARD CAPTIONED ECON DEVELOPMENT CORP
[01:20:02]
VERSUS THE TOWNSHIP OF MONTGOMERY. PLANNING BOARD WITH THE BOARD ATTORNEY WILL BE GIVING LEGAL ADVICE, FALLING WITHIN THE ATTORNEY CLIENT PRIVILEGE AND WE ARE.CONFIDENTIALITY IS REQUIRED IN ORDER FOR THE BOARD ATTORNEY TO EXERCISE HIS OR HER ETHICAL DUTIES AS AN ATTORNEY, WHEREAS, THE BOARD BELIEVES THE PUBLIC SHOULD BE EXCLUDED FROM THE DISCUSSION. NOW. THEREFORE, BE IT RESOLVED BY THE MONTGOMERY TOWNSHIP PLANNING BOARD ON THIS 23RD DAY OF MARCH 2026, THAT THE BOARD NOW GO INTO CLOSED SESSION AND THE PUBLIC BE EXCLUDED, BE IT FURTHER RESOLVED BY THE MONTGOMERY TOWNSHIP PLANNING BOARD. THAT IS, IT IS ANTICIPATED THAT THAT THE GENERAL SCOPE OF THE DISCUSSION WILL BE DISCLOSED AND INCLUDED IN THE MINUTES OF THE OPEN SESSION OF THE BOARD MEETING, BUT THE SPECIFICS OF THE DISCUSSION WILL INVOLVE LEGAL ADVICE, SO WILL NOT BE DISCLOSED TO THE PUBLIC BECAUSE OF THE FACT THAT THE LEGAL ADVICE FALLS WITHIN THE ATTORNEY CLIENT PRIVILEGE. SO DO I HAVE A MOTION TO GO INTO CLOSED SESSION? SO MOVED. SECOND. SECOND. ALL IN FAVOR? S.
HELLO. DO I HAVE A MOTION TO REOPEN THE MEETING? SO MOVED. SECOND. ALL IN FAVOR? I OKAY, FUTURE AGENDA ITEMS. WE HAVE 23 ORCHARD REDEVELOPMENT. AGAIN? AGAIN. OKAY. P A I C L O LLC MINOR SUBDIVISION PSU G. HARLINGEN SUBSTATION. THAT'S A PRELIMINARY AND FINAL AT THE SAME TIME. I ASSUME MAJOR SITE PLAN THRIVE AT MONTGOMERY MINOR SUBDIVISION PRELIM AND SEE HOW THAT WORKS. YOU COME IN, YOU GET A PRELIMINARY AND THEN AND THEN BLOOMBERG A MINOR SITE PLAN. DO WE KNOW WHAT THAT'S FOR? BLOOMBERG WALKING PATHS. OH GOOD. GOOD. OKAY. 23 ORCHARD WAS ON THERE. I THINK JUST BECAUSE WE DIDN'T KNOW WHAT WAS GOING TO IF IF IT WAS, IF WE WERE GOING TO GET THROUGH IT. OKAY. FUTURE MEETINGS APRIL 7TH IS SITE PLAN SUBDIVISION, WHICH NOW IS NOT GOING TO BE AS MUCH FUN. AND THEN APRIL 13TH AND APRIL 27TH ARE PLANNING BOARD MEETINGS. DO I HAVE A MOTION TO ADJOURN? SO MOVED. SECOND, SECOND. ALL IN FAVOR. I
* This transcript was compiled from uncorrected Closed Captioning.