Planning Board - Regular Meeting

Call the meeting to order business meeting. So join me for To the flag of [clears throat] the United States of America and to the republic for it stands. One nation under God, indivisible, with liberty and justice for all.

All right. Announcement. Uh, this meeting has been duly advertised according to section five of the Open Public Meetings Act, chapter 231, public law 1975, Sunshine, also known as the Sunshine Law. Notice of the 2026 annual meeting schedule has been provided to the officially designated newspapers, the township clerk, posted on the township's website, and available at the Hillsboro Township Municipal Complex. Uh meeting application meeting and application documents and plans have been made available on the township's website at the portal for civic clerk.com at least 10 days in advance of this meeting. Complete application files are available in the planning and zoning department for inspection in accordance with the public meeting notice. Can I get a roll call, please?

Mr. Vitali is absent. Mr. Wagner here. Mr. Sarra here. Mr. Flag here. Mr. here. Mr. Deb here, Mr. Smith, Deputy Mayor Leani present, Mayor Payne here, Vice Chair Pasen here, Chair Cherelli here, present, Mr. Diani, and myself and the videographer are here. Okay. Um, [clears throat] consideration of meeting minutes. Uh, we have the November 13th, 2025 meeting minutes. Um, can I have a motion and a second? I actually I'd like to check with the council on who can vote.

Yes, sure, Mr. Chairman. Board members Wagner, Sarra, Flag, Rawitz, Deb, Smith, Pra. Okay. Could I get a motion and a second? So moved. Second to approve. Okay. Roll call. Yeah. Mr. Wagner. Yes. Mr. Sarra. Yes. Mr. flag. Yes. Mr. Rawitz, yes. Debs, yes. Mr. Smith, yes. Deputy Mayor Leani, yes. Vice Chair Pasen, yes. Chair Chelli, yes. Thank you. And same with the December 4th, 2025. Sure, Mr. Chairman. We have board members Wagner, Sarra, Ratowitz, Italy, Lani, Payne, P, Cherelli.

Okay. Motion in a second to approve. Payne should be not for December. Yes, I am. Excuse me. Yes, I am for the fourth because Yes, because I um watched it online. No, this is the minutes. This is the minutes. You can't vote for minutes if if you weren't actually there. Why did I sign on? That's all right. It's really insificant either way. Yeah, if you weren't there and you didn't like I I would I would hold on. That's fine. I was going to anyway, but I was able to be called. [snorts] So moved. Second. Roll call. Mr. [clears throat] Wagner. Yes. Sarrai. Yes. Sawitz. Yes. Lean. Yes. Mayor Payne. Abstain. Vice Pen. Yes.

Jelly. Yes. All right. And uh excuse me, Mr. Chairman. Uh just for the record, uh the for the board's edification, that leaves us with December 11th, 2025 as the only remaining minutes from 2025. I anticipate in February we will have them and we will have 2025 completed in the books. In the books. All right. Thank you.

Uh consideration of resolutions. The first is the estate of Harriet Harriet E. Derling. Elizabeth Derling Stratco is the executive tricks. File 25-PB-03-SV. Um for the record members eligible to vote on the memorialization of the resolution be board members Wagner flag. Okay. Uh do we need to have any comments on the resolution or it's just motion? Just a motion and a second. Motion second. Okay. Memorialize.

To memorialize. Right. All right. So could I get a motion and a second to memorialize? [snorts] and a second. Second. Your call. Um, roll call, please. Mr. Wagner, yes. Mr. Sarra, yes. Mr. Flag, yes. Sawitz, yes. Debb, yes. Deputy Mayor Pani, yes. Vice Chair Pee, yes. Cherelli, yes. Thank you. Uh the second consideration resolution is Green Care Farms LLC file 24-PB-09-MSv. Can I get a motion and a second to memorialize that resolution?

We just Mr. Chairman know for the record the eligible members to vote memorialization this resolution be board members flagali. Thank you. Thank you. Um can I get roll call in? Can we get a motion first? Oh, the I thought motion motion and a second I make Okay, there we go. Little slow. Sorry, jump the gun. I'm speeding speeding around here. Speed speed. Speed speed approving. Roll call. [clears throat] Mr. Sarra, yes. Mr. Flag, yes. Uh, Deputy Mayor Leani, yes. Vice Chair Pson, yes. Chair Cherelli,

yes. All right. Thank you. Moving on to planning board business. The first is 303 Amwell Road, JMJ4 ABL LLC file 21-PB-17- MSPV. That application has been withdrawn. Uh, Mr. Kois, do you want to elaborate on that?

Yes, Mr. Chairman, we have been informed by the township attorney that the property has been acquired deed in hand and uh since then the um the prior owner of the property has requested um you know all their funding to to come back to them and escrow and everything like that. So this is just part of the process of getting this application off the books. Okay. And that was uh open space, right? Correct. township owns it. Um, so that's just news. We don't have no actions required, right? No, just notification that's been

Yep. Okay. All right. And the second piece of business is the amended Sunnyme landfill redevelopment area. Our preliminary investigation report. This had been adjourned from December 11th, 2025 with the renotice. And I know we've been issued the preliminary preliminary report from the planning department. So Mr. Ko is the floor is yours. Thank you, Mr. Chairman. I am just making sure that everything is working and making sure the map is up there. Okay. Okay. Thank you and good evening. Uh for the record, my name is David Kois and I'm the planning director for the township. Tonight I am presenting a preliminary investigation report prepared pursuant to the local redevelopment and housing law NJSA4A12A-1. This redevelopment investigation was formally authorized by the Hillsboro Township Committee on August 13, 2024 through the adoption of a resolution directing the planning board to conduct a preliminary investigation under the local redevelopment and housing law. The planning board is acting tonight in its statutory role under NJSA4A12A-6. The purpose of tonight's hearing is limited and procedural. The planning board is not being asked to approve a development project, approve or select a developer, amend zoning, or authorize condemnation or eminent domain. For the record, the preliminary investigation report concludes that one or more of the conditions set forth in NJSA

4A colon 12A-5 are present within the study area. The Sunny Landfill Redevelopment Area was originally designated by the Township Committee in September 2007 and includes the former municipal landfill property identified as block 182, lot 7.02. I would like to bring to the board's attention and the public in attendance this evening uh to look at the screen there. Uh the map uh shows lot 7.02 02 in gray and the lot that we're talking about this evening in blue. Lot six. Sunny Ventures LLC is a designated redeveloper of block 182, lot 7.02, pursuant to a redevelopment and property sale agreement approved and recorded in 2023. That redeveloper designation applies only to the landfill parcel. No redeveloper has been designated for block 182, lot six. No development rights are being granted for the parcel as of tonight's action. Now to the findings of the report. Uh the study area block 182 lot 6 has remained vacant and underutilized for more than 50 plus years despite its strategic location adjacent to major transportation and utility infrastructure. Its current state of inactivity contrasts sharply with the surrounding corridor which supports a mix of light industrial warehousing and utility related uses. This condition demonstrates a persistent lack of productive use and reinvestment

consistent with criterion E of the LRHL, specifically NJSA4A12A5, namely a growing or total lack of proper utilization resulting in land that is not fully productive or contributing to the general welfare. The property's improvement ratio of 0.00% and absence of any development for over five decades indicate a stagnant pattern of land use and economic inactivity. Although the lot once functioned as aent farmland, the loss of farmland assessment status and its present isolation from active agricultural operations further reinforce its unproductive condition. The site's existing zoning, residential, agricultural, is incompatible with the physical setting and the surrounding land use pattern, thereby discouraging private investment and inhibiting reasonable reuse. Moreover, the study area directly adjoins block 182 lot 7.02, a previously designated redevelopment area encompassing the closed municipal landfill. The proximity and common ownership of these two parcels create a unified redevelopment opportunity. Pursuant to NJSA4A12A-3, properties that may not independently exhibit substandard physical conditions may nonetheless be included in a redevelopment area when such inclusion is necessary for the effective implementation of comprehensive redevelopment strategy. Integrating lot six with the existing redevelopment tract allows coordinated remediation,

infrastructure improvements, and land use planning that will advance public objectives while stimulating reinvestment in this underperforming corridor. Collectively, these factors demonstrate that the study area meets the intent and standards of the LRHL, the site's longstanding vacancy, lack of economic productivity, and functional relationship to the adjoining landfill redevelopment area justify its designation as a non-condation area in need of redevelopment. Redevelopment of this property will eliminate blighting influences associated with underutilization, support the planned closure and reuse of the former landfill, and promote orderly and sustainable growth consistent with Hillsboro Township's long-term land use and economic goals. Next steps. If the planning board recommends designation, the township committee may adopt a redevelopment designation resolution. Following designation, a redevelopment plan may be prepared. The redevelopment plan is the policy and regulatory document that would establish permitted uses, setbacks, bulk standards, design requirements, and any other development controls. That redevelopment plan process would occur at a later date, would return to the planning board for review and recommendation, and would be adopted by the township committee by ordinance after public hearings. Those matters are not before the board tonight.

Uh in closing, uh tonight's action is limited to the statutory findings and the recommendation. I am here to answer any of the questions that the board may have. Thank you, Mr. Kois. Um [clears throat] [snorts] so you're recommending that it be redesated, right? That's the finding. Um

may may I just sorry Mr. Mr. Chairman, if I just make clear, my recommendation is that the property block six meets the criteria and should be included within the redevelopment area. And I just wanted to bring to everyone's attention, this is what the redevelopment would look like if block six is included with the existing uh municipal landfill that is in the redevelopment area. All right. Thank you. Um, so the area to the right on the other side of Sunny Me, that's I, right? That's an I zone. Yes. This is R. This is all RA

lot six is lot six and 7.02 is in the I1 light industrial. And what's that structure closer to? Uh, yeah. South of it that is Great Dane. Okay. Industrial use, right? Okay. Yeah. Then the Yeah. Okay. Does uh anybody from the deis have any comments or questions for Mr. Kis?

Yeah. Can you comment a little bit about the the prior use as a landfill? How long ago that was closed? I know it's in the report, but maybe just for for our edification, you know, how bad was it? How bad is it or how good is it as far as a landfill or prior landfill and it's just forested now? There's nothing on it.

Well, so there's only so much detail I could go in that as I as um at the time we had the township engineer uh produced all the studies. Uh I do want to make it clear that the landfill is no longer owned by the township as we have sold it. But prior to that happening, there was a number of things that had to happen. Um there was a series of of monitoring type of things that were put onto the landfill that had to meet meet the satisfaction of NJD and meet the satisfaction of the of the purchaser of the property which is Sunnyme Ventures. Uh this property um my understanding is that the landfill ceased operations in uh 1985. In 2001 was closure and a postclosure plan prepared for the landfill. 2002 to 2004 studies were completed evaluating the landfill closure operations costs and capping materials. Um and then after that, after the township uh classified it as a brownfield site, uh shortly thereafter, they put it out to the public. Sunnyme Ventures came into the equation and came to the agreements that they were going to do all the things necessary to close the landfill.

Does that answer your question? Okay, great. Thank you, Mr. Co. You're welcome. Any other questions? [sighs and gasps] U Mr. Quis, I just want to be clear. The smaller lot has also been remediated 100%. Right. Through our study, we have no records of lot six being contaminated in in any way. Okay. That's our understanding. Okay. Um

there won't we won't know for sure until we do testing. So the the property owner um you know at some point we'll be able to hear from the property owner and they'll do all the necessary things that would be required in order to develop the property and conducting any studies that they would they would and they may have those already completed at this time. But through our study we looked at the land use patterns and all the different things through historical uh aerials to try to understand how the property was used previously. And again, all we could find was that it was used agricultural at at some point and then became heavily uh forested in um you know, the last several decades.

Okay. So hopefully nothing. Yes. Hopefully.

Any other? Well, we don't own that property. So, obviously the [clears throat] property if they had to in the phase one, maybe phase two, that would be reme uh re revealed at that time. And then if there's anything they would have to do, they have to

Yeah. remediate. Yeah. Um Yeah. So, the um obviously the I was probably here long enough to remember when it was a dump uh or landfill, whatever you want to call it. Um and it's it's been closed and vacant now for at least 20 plus years, 30 years. And um the remediation was done in the monitoring wells as Mr. Koi said and um as a history I believe that there you know there has been a u no further action from a from LSRP standpoint on the on the old site. Um and a lot of it was waiting for D approval during CO. That's why it's been so long since been 217 to now for it to come to us cuz that was the that was the timing that it took to get it all the approvals done. So, but uh it's it's been capped for a long time and uh obviously empty not generating any any use.

Um all right, any other thoughts, comments from anybody? And we have we what what action do we uh so before there's any action by the board we need to have the public hearing so we can open it up to the public if anyone members of the public have any comments or questions regarding this specific investigation report that was just provided testimony. So got a motion and a second to open the public. Move to open the public. Second. All in favor? I.

All right. Open the public. Anybody from the public has any comments on this uh planning board business, please come up to the mic and [sighs] state your name and address and provide comment. Maria Janusk 720 East Avenue, Manville, New Jersey. I'm also a Hillsboro Township property owner. Lock 86, lot 3 to 155 Camplain Road. Um, it was it was stated that the township uh sold this property. Uh, to whom was it sold? You have that. May I answer that? Yeah, please.

Sunnyme Ventures [snorts] LLC. Sunny Ventures. And when was it sold?

I have here June 27th, 2023. The township approved the redevelopment and property sale agreement for the landfill parcel. Approved it. But was that and and that's when it was sold in 20 uh 2023? That's the date I have for the for the sale. For the sale and and how much was it sold for? I do not have that information. Is that information available anywhere? Yes, that information I believe is public and would have been done as a resolution by the township committee, but I unfortunately don't have that with me this evening. But that is something that you you can request from uh township administration.

Okay. So, that sale would have been done by resolution possibly or or ordinance by ordinance for sale. By ordinance for sale. Uh how big is this? How big is this property? This property is Oh, I'm sorry. Lots six. Is that the Which one are you asking about? The the the landfill. So, that was Oh, the landfill. The landfill is 10.7 acres. 10.7. Okay. And and lot six is how big? I believe 4.37.

Okay. Um, so who who owns lot six right now? Uh, Sunnyme Adventures uh, owns the property. It's a common ownership. I'm sorry, what? Sunnyme Adventures owns it under a different name, which is somewhat common for some developers to do is they'll own different entities by different names, but we have been informed that it it is owned by Sunnyme Adventures. So, they own both properties. Do you know if that was a recent purchase? I do not have the date for when that was acquired. Okay. Um the landfill um needed to be cleaned up. Yes,

it it needs it needs to be cleaned up. Yes, it's not it has not been completed.

Oh, all right. So So what is the purpose of of of merging lot six? Is it anticipated there's going to be some kind of building done on that soon? The idea behind adding lot six is to give the owner slash the developer an opportunity to try to utilize as much as the property as possible which they have a responsibility to fully close the landfill. And part of this by them developing the property, they'll have the ability to to fully close it, which is a benefit to the township and for the township to essentially have have a ratable on the properties and both properties which we currently don't don't have essentially. Uh so those those are the purposes and through the redevelopment law the idea is to do this and through the redevelopment plan is to allow uh appropriate uses and different standards to try to promote that the properties are going to be developed because it's in the township's best interest for the property to be developed because we need the landfill to be closed which the developer is assuming all responsibilities to further to close the property in accord inordance with all NJ requirements.

So, how long has this had this property been owned by Hillsboro Township? I do not have that information. All I have is that it se the landfill ceased operations in 1985. I do not know how long the township owned it or how long the landfill was in operation prior to that. I did not come with that information. And is there any reason why throughout all these years the township hasn't worked on cleaning that cleaning up that property

cost, right? Um cleaning up a landfill is uh can be very expensive and in order for the property to be sold to the developer, there was a number of things that the township had to do. There was different um methane gas studies that were conducted. There was a passive methane venting system that was designed and installed. And when I was referring to before that it had these these these monitoring mechanisms had to reach an appropriate level for the owner to feel satisfied to go forward with the full purchase of the property. But all of this all of this took time. All this took time. There's been a lot of time that has passed also since then. Are there records showing what has has been cleaned up to date?

My understanding is that nothing has technically been cleaned up. um that the landfill. Again, we're going to be getting into this a little bit further down down the line as the developer will be able to talk about exactly where things are at, but my understanding is uh mostly what the township did was installed a lot of these monitoring mechanisms to make sure that you know the gas wasn't coming out in exance to what the NJ allows. and also in satisfaction to the to the developer, but the developer is is taking action on the full closure. I don't have the information from the owner of the property as to the exact status, but we sold it essentially as asis.

Um, and in regard to that methane gas, is is that still emitting methane gas?

So, I'm a licensed professional planner. I'm going to have to defer to any of the professionals that the developer uh owner of the property has and can talk about the exact status. The last time that the township, you know, when we owned the property, yes, that was something that we were paying our professionals to monitor and to look at. Once everything reached the satisfaction of all the parties, that's when we were able to sell the property. So, the township, we have no information right now as to the exact status of the of the landfill. All right. Thank you. You're welcome.

Thank you. Any other anybody else from the public want to comment? Okay. No. Yeah. I was just making sure because it's a it's a it's a resident to an adjacent property. Yeah. Do you want a comment? Please come up.

Kubak from 303 Sunny Me Road. Uh adjacent is number five block. I just want to know how long it would be before this whole thing would be taking effect. A year, two years. So the township committee would have to take action after this. Uh if they were to take action, then it would basically be authorizing me to uh finish the red redevelopment plan. We would have to put the redevelopment plan into action. Uh that would essentially give the developer all the rights in terms of of what they can develop on the property. So, I don't have an exact timeline, but that that could take a few months, but again, there's there's different things that are out of our control at the moment because it has to go through the process. So, there will be proper notices and things like that. Um, the redevelopment plan has to be adopted as an ordinance. Uh so there would be public notices and things like that and then there would be no development of the property until after that process if that answers your question.

Okay. How long what about the traffic from those condos or houses? That's a a different matter entirely. But so I'm not I mean there's there's several developments. I'm not sure which one you're talking about. But the one on six, the one that you're probably going to apparently you would want to build, there was nothing indicated as to what's being built here at all. Oh, okay. There's no indication of any of anything. This is strictly just to make the area designated as an area of redevelopment. That's all this is about. There's no no um anything other than that,

right? the other the other projects are are are in the in the pipeline already as far as being built, traffic impact studies and all that. So, as far as this property goes, we really don't know. Okay. If I may just add to that, uh once the redevelopment plan is done, the applicant would then have to apply and then that would go through all the proper noticing requirements. everyone within 200 feet. There would be public notice. It would go through hearings and things like that and all those types of questions in terms of how it's impacting the area and everything that's associated with the development application would be would be the time for that.

Okay. All right. So, we'll see you again or make sure it takes a long long time. [laughter] All right. Thank Okay. Thank you. Thank you. Any other anybody else from the public? It's not that bad, right? Um All right. So, uh [clears throat] councelor, how do we head close? All right. A motion to close public hearing and move to close. Second from somebody second. All in favor? I. Okay. Uh and next step,

next step would be entertain a motion. board's desire to recommend this block six block excuse me as area nonination area development what our office would do then is memorialize the action of the board via resolution at this point to recommend lot as a nonination Does somebody want to make that motion? I'll make that motion, Mr. Chairman.

Sorry, if I could just add one thing to that. This is technically an amendment of the prior redevelopment area. So, I just want to make sure that's clear. It is in the report, but just for the record, but it doesn't have to be part of the motion that that Yeah, just Yeah. Okay. So, this is just lot six. So, we're good with the correct adding point. Yeah, that's the amendment, right? I still make that motion. A second. Second. [snorts] Roll call. [clears throat] Mr. Wagner. Yes. Mr. Sarra, yes. Mr. Flag, yes. Mr. Adawitz, yes. Mr. Deb, yes. Deputy Mayor Leani, yes. Mayor Payne, yes. Vice Chair Pee, yes.

And Chair Chic, yes. Thank you, David. Yes. Thank you. All right, let's move on to business from the floor for matters not on the agenda. Like stated before, please give your name and address and uh anybody have any comments for business not on the agenda.

Maria, January 6, 720 East Avenue, Manville, New Jersey. Um I think it was a couple years ago. Eminem realy uh had an application before this board and that application was approved. But uh the proper the and that uh that was all part of a settlement agreement and the one property and that that property um Sherman Sherman tracked phase 2. That property was owned by the township. Has that property been sold to uh Eminem realy? To my knowledge, it has not yet been sold.

So, that application was approved, but that applic that that property was not owned by that developer. Um, is there a time frame by what by when they have to uh take some kind of action? I don't I'm just going to ask Councelor, aren't we in the middle of litigation? So, we probably shouldn't be commenting on this. respondigation. I'm sorry. It's what it's in litigation. Yes, that's what I've been. There may be some litigation. Iron out the details. That's Oh, what?

Ironing out some details. Okay. I'm sorry. Uh someone, this gentleman, you're you're taking the place of uh attorney Bernstein this evening. Yes. And what is your name? Dominic with the firm. Dominic what? Di. All right. Thank you. Thank you. Thank you. [snorts]

Any other business from the floor? If not, we don't have any ordinances. And I'll look for a motion and a second to adjurnn. So moved. Second. [clears throat] All in favor? Okay. All in favor? I I Thank you. Next meeting is uh February 5th. It's a regular meeting. Good night all. All right. Good night.