Planning Board - Regular Meeting

Too many people. Okay, it's uh 7:07. Let's call the meeting to order and join me in a salute to the flag. I aliance 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.

Thank you. So, this meeting has been duly advertised according to section five of the Open Public Meetings Act, chapter 231, Public Law 1975, also known as the Sunshine Law. Notice of the 2026 annual meeting schedule has been provided to the officially designated newspapers, township clerk, posted on the township's website, and available at the Hillsboro Township Municipal Complex. Pursuant to PL 2025 C72 starting March 1st, 2026, municipalities are required to publish their public notices on the municipal website. Hillsboro Township public notices are available at https colon backbach hillsboroj.gov. Public notices application documents and plans have been made available on the township website at Hillsboro's Hillsborjal.civclerk.com. civicclerk.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 have the roll call, please?

Mr. Deb and Mr. Vitali are absent. Mr. Wagner here. Mr. Saraji here. Mr. Flag here. Mr. Adawitz here. Mr. Smith here. Deputy Mayor Leani present. Mayor Payne here. Vice Chair Peas present. Chair Cherelli here, Mr. President, Mr. Princ here, Mr. Mayhew here, and myself and the videographer here. Great. Okay. Uh, first items, we have consideration of meeting minutes. We have the January 8th, 2026 reorganization meeting minutes. Can I get a motion and a second to approve? Motion to approve.

Second. Any discussion on those comments? No. Um, roll call. Mr. Wagner. Yes. Mr. Srach. Yes. Mr. Flag. Yes. Mr. Rawitz. Yes. Mr. Smith. Yes. Deputy Mayor Leani. Yes. Mayor Payne. Yes. Vice Chair Pasen. Yes. And chair. Chair. Yes. It's all right. Um, and now the January 8th, 2026 regular meeting minutes. A motion and a second. Motion to approve. Second. Any comments on those minutes? Roll call, please. Mr. Wagner, yes. Mr. Sarra, yes. Mr. Flag, yes. Mr. Rawitz,

yes. Mr. Smith, yes. Deputy Mayor Leani, yes. Mayor Payne, yes. Vice Chair Pee, yes. Chair Tarelli, yes. and the third set January 22nd, 2026 meeting minutes uh for approval. A motion and a second, please. So moved. Second. Any comments? See? None. Roll call, please. Mr. Wagner, yes. Mr. Srachi, yes. Flag, yes. Mr. Yes. Smith, yes. Deputy Mayan, yes. Mayor Payne, yes. Vice Chair Pee, yes. Chair Chelli, yes. Uh we have no resolutions for consideration and we have no planning board business. Is that correct?

Um no cons um business from the floor for matters not on tonight's agenda. So if there's anybody from the public who wants to make uh comments from the floor for matters not on the agenda, please come up now. All right. See nobody. Let's go. Let's move on to the no consideration of ordinances and the application public hearing for tonight is Dukes Parkway East LLC or also known as Crane Farm LLC file 24-PB-11-sp uh reference 86-PB-05 SRV. Um, say this block 58, lot 6702, also 236 Dukes Parkway East. The applicants are seeking amended preliminary and final major site plan approval determined to be consistent with a minor site plan to restore the landscape buffer area with a timber guide rail along the buffer area and install new trees and shrubs. to amend the approved 1986 site plan to designate the shed as an office with existing amenities and seeking a seabbulk variance relief from the Hillsboro Development Regulations Ordinance Section 188-69A which requires a minimum 60 foot buffer for outdoor storage proposed on a non-residential property abuing a residential building or zone where a 25- ft buffer is proposed on the property located in in the I2 light industrial zoning district. Uh, apparently we've had other hearings on December 11th, 2025 and January 8th, 2026 which were adjourned. So, this has been adjourned from the January 8th, 2026 without further notice. So, um, the applicant please

counselor. Yeah, just you can sit down. Oh, yeah. You can say seated. Thanks. I'm used to standing. I appreciate that. Is that good?

Yeah, it's good. Thank you. Uh my name is John Lanza. I have the privilege of representing the applicants tonight. Uh that's Duke Parkway East uh LLC and Crane Farm LLC. Uh we did have uh at the last meeting December 11th, Mr. Chairman and uh board members, uh you may remember we had some issues with the neighbors and uh uh mostly to do with our storage. And I'm happy to report that uh our uh the owners met with the neighbors and have resolved that those issues. and uh I anticipate that uh the neighbors will be here tonight to confirm that and endorse this application. What I'd like to do now is to call my first witness which will be Kevin Leven Levenitis who is the owner of Dukes Parkway Eastimony. I do.

Your name? Kevin Levitis. L E V O N A I T I S. Mr. Levvenitis, what do you do for work? Um, I build swimming pools, renovate pools for SNR pools. What's the name of your business? SNR pools. And where is it located? 236 Dukes Parkway. How long have you done business there? Eight, nine years. And uh can you describe for the board the nature of your business? We open, close, build, service, um really anything to do with the swimming pool. And sir, how many employees do you currently have?

Well, right now only about four because we're off season, but when we're in season about 24. And uh of those 24 employees, how many work in your building and how many work on the on the road or outside? um full-time in the building or three. I'm in and out. Um the service manager is in and out, but all the other crew is all out on the road. What uh business is conducted in your building? Um clerical, you know, billing, phone calls. Do you have uh many members of the public uh visiting you in your office? Every now and then you'll get someone come by, but is it a regular thing? No. No, we're not. How do you get We're not open to the public. But

how do you get your business? um internet uh word of mouth. Uh now with regard to your business, do you acquire the storage of certain materials? Yes. And what type of materials are they? Building materials, parts, pumps, filters, heaters, um anything related to building, servicing, swimming pools. Is it necessary that you have storage outside the building? Yes, for certain concrete products like things that aren't don't warrant indoor like uh wall retaining wall material, uh concrete slabs for filters, things like that, um some stone. Do you also store materials inside your building?

Yes. What materials are they? all all the parts, filters, pumps, uh cleaners, um cement products, uh or you know, not hardened, you know, dry. Um does your business uh own and operate certain trucks or vehicles in regard to your business? Yes, sir. And how what type of first of all, trucks do you use? Uh van and cube vans. How many of those do you currently use? 14. And where do you store those? Those are on the property as well.

And uh when you with regard to the the uh storage of vehicles during your uh your busy season, are those vehicles do they remain on the property? No, they go on the road. They leave. It's basically our crews report at 7. I know you're going to ask this question, so I'll beat you to it. They they show up at 7:30. They load up and then they're on the road about 8:00 and then they get back various times anytime between 2, three, 4, 7 o'clock at night and they lock the vehicle down and that's it. There's there's no when they come back for the night they're not doing anything. They're just getting in their own personal vehicles and going home. When are your normal business hours?

Um the crews show up at 7:30, the office staff shows up at 8:30. Office staff is done around 5:00. Um, but again, the the crews show up anytime between 2 and 6 7:00. During the uh we'll say the off season, how many vehicles are parked at the premises? Uh, 13. And uh during the busy season, how many vehicles are parked during the day at your facility? Um, about the same because when the guys show up, they get in a work truck and leave their personal truck. Okay. Now, uh you mentioned your need for storage. Do you have to have certain enclosures to protect what's outside?

No. No. Do you have to use a shed or a trailer or anything of that nature? Well, the trailer that we have back there is storing uh unu not used yet cement products that that we build pools with for floors and uh tile tile repair things. Cement, right? Uh for outside outdoor storage, what uh what do you do currently? Outside right now it's behind the building. And what do you store outside?

Um some PVC pipe, uh material for building retaining walls, um filter slabs, uh some wood that we use for uh construction, uh jumping curbs and stuff like that. Um, and are you proposing and requesting that the board approve a 250 square foot storage shed? Um, yes. Yes. Yes. And do you do you currently use that? Yes. And where is that located? Behind the building. And what do you store in that? There's there's various things in there. PH increase or calcium hardness. And uh do you also utilize a trailer? Yes. And where is that currently located?

By the building. And how large is the trailer approximately? Russ, look at him. 40 feet. No, I don't. And uh what do you store in there? That's that's where the dried cement products are stored. How is material or products brought onto the premises for your business? Um either we pick them up or uh they're delivered from the supply houses. Now, uh, at the last meeting there was some concern about, we'll say, backup alarms on vehicles. Is that any issue at this point? No. No.

Are there any backup alarms that are that are being that occur regularly at your premises in association with your business? Ju just when the trucks are leaving, if it's the cube truck, some of them have backup alarms. So, when the guys are backing out, of course, they're going on. Right. Do you have any equipment that on you store at the premises that uh has a backup alarm? One Bobcat. How often is that used? Um once a week. Is that during the day? Yes. Well, it's usually on the trailer and it gets trailered to the job. Do you have a trailer that you store at the premises? Yes. How many? Just one. All right. Um you were present at the December 11th hearing. Yes.

All right. You uh heard members of the public who had concerned your neighbors about uh the activities at the premises. Yes. And in response to those complaints, did you do anything? Yes, I met with uh three of the neighbors actually. And who were they? Uh the only one name I remember is Paul. Is Paul here today? Yes, he is. And what was the nature of your discussions with Paul? I'm just trying to basically come to an agreement where that, you know, we can all live in harmony. And did you come to an agreement with Paul? Yes. And did Paul did you review the your revised site plan with Paul?

Oh, not in person, but Paul reviewed it and I reviewed it and then we exchanged texts in reference to it. As a result of those discussions, were revisions made to your site plan? Yes. And what revisions were made? We're moving the outdoor storage to the side of the building and moving the parking. Basically flip-flopping because we'd park on the side and store it in the back, but now we're flip-flopping parking in the back and storing on the side. And we're going to put up a fence so that it's uh not seen. And was that acceptable to your neighbors? Yes.

Now, as a result of that change in your storage practice, will that uh make it easier or more difficult for you to work? Oh, more difficult because it's around the corner. But I mean, it's not the end of the world. It can be done. And you're accepting that? Yes. That's all I have of this witness. Are there any questions?

So, I'm going off the plan here and I you don't have it up on the on the screen to reference. So you want to put it up please sir. It might just be easier for everybody to understand just for the record so everybody understands.

So if you could just maybe point out where he's moving the storage from and to on the plan. It's moving from where the where the cursor is right there. That's where all the storage is currently. That's you can see it's all parking spots now. And over here is where the storage is going to right there. That that area. And are we constructing a facility to put storage into there? We're going to build a fence on each side. So, it's going to be open storage behind fences. Yes.

That's all I just so everybody could see it. Yeah. So, I think the final draft is really clearly defined. Um, and also I just wanted to um appreciate you uh and let you know that I appreciate you for reaching out to your neighbors and being so thorough with some of the commentary, not just from this day, but also from your neighbors that you have to share this property with. So, thank you for that.

Thank you. I wanted to clarify one thing. You mentioned you mentioned the Bobcat and I think you clarified it, but the Bobcat is not used here. You said it was taken off site on site. We we move some stuff with it, John. Sometimes like we might move a pallet of something onto a trailer or something, but it's not operational there. Yeah. If if that happens once a month, that's a lot. It it choose to build pools and renovate pools.

Okay. Thank you. Anything else? All right. So, do I need a motion and a second to open the public? Oh, professionals. Sorry. Should have gone there first. Thank you, Mr. Chairman. Um we have a a review letter updated on March 9th um 2026. Will your engineer be also testifying? Oh yes. This evening? Oh yes. Okay. So the majority of these questions and um I'll defer to the engineer. Uh we have our engineer and our landscape architect.

Okay. See I knew I knew you were going to do that. That's why I Okay. Mr. Kois, any questions on use? No. No questions. Thank you. Now for the public. Uh motion and a second to open. So moved. Second. All's in favor. I So if anybody from the public has anything to say on Mr. Leitis's testimony, please come on up and use the mic. Yeah. And don't be shy. He was obviously part of the negotiation.

Hi. Good evening. Uh I'm Paul Dowski, 30 Campbell Road. Uh I am a neighbor of uh Mr. Levvenitis, uh right to the south. Um so just based on his testimony, I wanted to come here and uh thank him for reaching out to us, uh having a very productive conversation after uh the December 11th uh meeting where we had some concerns. We definitely had concerns around where the current uh outdoor storage was. also had concerns around lack of clarity around what areas were being used for storage, what areas were be being used for parking and I think this uh the new updated plan shows those very clearly. So just overall just want to say thank you to Mr. Levanitis. Also thank you to Mr. Chilac for both listening to our concerns uh at the December 11th meeting uh incorporating their our concerns and our feedback into their new proposal and uh wish them luck with uh this new site plan.

Thank you. Thank you. Thanks, Paul. Anybody else have any comments at this time? All right, I'm free to go. I think who said who says you're excused temporarily for now. With your approval, uh, Mr. Chairman, I call James Mance to testify. Now, he he was previously sworn. If you want to swear him again, that's fine. last year. Yeah. Why don't you swear them again? I do. My name is James J. Mance, MTZ.

All right. You've previously been qualified as an expert in civil engineering, sir, before this board. Yes, I have. And recognized as uh as such. Now, as a result of uh some uh discussions and as a result of comments made by the board engineer and the board, did you make any changes to your uh to the site plan? Yes, I did. Can you describe those changes? All right. I'm referring to sheet one of two of my uh site plan. It's stated revised February 13, 2006, 2026.

Yeah, we would mark that A5 uh for identification if uh we have to do that marking. It it's uh this is A5, but we've pre-marked some stuff that we have another A4. Go ahead.

Okay. Um, as was just previously testified, the um, SNR pool company is located in the building where I'm showing the U pointer and the proposed storage is to the west of that end of the building. And there are two uh, 8 foot high board fences that were we're enclosing the U storage with. It's open on the west side. Uh also as as part of the um comments made at the last meeting is they want wanted to identify the I keep moving this thing um storage areas. So I've on the site plan I've shown storage areas and identified them so that in the future if there's any concerns by the municipality as to areas that are be being used for storage and not and not indicated on it site plan then there's the um the township has some basis on that. So, we we have for Moy, we have some storage in the uh northeasterly corner of his property. There's some storage by the silos. There's storage on a concrete pad uh behind the the Moy property there. The um Kevin's trailer is going to be relocated sub uh a little bit to the uh east and north of its present condition. I'm indicating with the pointer. Um and again we we talked about the the storage. Uh also we're we are not paving the entire parking lot that that's millings and stone but we have

identified uh ADA parking on this site. one spot by the SNR pool companies, uh, one spot by Moil Handling, and those parking spaces would be paved as part of the u mitigation for the extra imperous area that was added to the site over the the years. I'm taking and it's show it's more clearly shown on sheet number two. Uh but I'm I'm taking roof water and I'm piping it to a underground uh drywall system located uh in the existing island and I can show you that in a little bit. And then I've also taken Mr. Bureau's landscape buffer planting and added it to this plan. Uh it shows in a darker line the ballards and u rope that would be used to physically uh separate the landscaping from the uh area traffic area. Um and I think that's pretty much all on sheet one. Um, if I could figure out how to do this sheet number two is also dated revised February 13th. And on sheet number two, I identify the drainage areas going to each of the roof leaders that I'm connecting to my drywall. So those those are the hatched areas. On sheet number two, it it shows piping uh from the back of the building to the west. That piping goes around uh an existing pine tree and then to the drywall located uh in that island. Those are the primo primary changes to

the plan. All right, sir. Now, uh did you do and calculate the distance between the uh boundary line between the neighborhood and the business and the the proposed buffer the the building at its closest point and I'm circling that number on sheet number two of the site plan is is 93.8T. And what is the the the distance or the the the width of the new proposed buffer?

The new buffer is proposed to be 35 ft. Again, I'm circling that on this plan. Now, uh, if we were to regulate this development according according to the existing ordinance and require a 60oot buffer, how would that affect this application and the use of the property?

Well, 60 feet is is almost twice the distance that we have identified here. that line would be very close to the back of the parking spaces that I've shown at the back of the building and there would be no uh ability for those parking spaces to or vehicles to to back out and also the circulation around the building. It's pretty much a one-way circulation would be severely restricted. Would that effect in fact uh be a severe impact on the businesses that currently exist and have existed for many years? Yes. Okay. Now, did you do a calculation of of the parking?

Yes, I did. And first of all, how many parking space spaces would be required for this development? Uh, it's shown on sheet one of the plans. Uh, based on the ordinance requirement and we would need 29 spaces. And how many spaces do we have? We we show 29 uh in including the two ADA spaces.

Okay. All right. Sir, uh can you did you do a comparison between the 1986 approved site plan and the proposed revised site plan?

Yes, I did. Could you put that on the screen, please? the the 1986 site plan that was provided to me was a scan plan of an of an old blueprint. Um the it's sort of hard to overlay this and with any meaning. So, what I did is the the lighter blue, and I don't know if you could really see it, but the lighter blue were were the outlines of the pavement and all the other infrastructure. The red lines are what were proposed to uh remove pavement areas. And primarily the, as you don't know if you can see it clearly, but the the building outlines are all the same as on this 86 site plan. The primarily primary difference in the impervious area was behind the building uh between that and the the lots behind us was was there was some open spaces uh in in the parking area and those those are now uh covered with millings and andor stone. So th those are the areas that we're mitigating with the stormwater detention system. So this this plan shows that for the most part everything is the same the way it was supposed to be. Uh some things are a little bit shifted. I'm what I'm doing is I'm trying to outline like the edge of the island uh now what

was a little bit more than what we or less than what we have now. uh are all does that reflect all the changes between the the uh 1986 plan and your revised plan? Yes, it's my my plan just overlaid my CAD plan overlaying on on the uh 86 site plan as a result of the revised site plan. What impact did it have on storm water management?

The increased uh impervious area was approximately 0.2 24 acres. Um, and that that again that was due to some of the infill uh of the what was supposed to be grass or landscaped areas. Uh, so what we're doing again is we're we're taking the roof water and we're putting into that drywall in the the island. There is an existing detention basin along the the front of the property. Um, I didn't want to mess with it for lack of a better word. Um, because the the D uh regulations are changing. I think as we speak, they're raising the flood hazard areas by 3 feet. I think this basin is already in a flood hazard area. I I don't don't want to try to determine what happens to this basin if we put additional water into it. So that's why it chose to do the uh dry well within this island and just leave the existing detention basin the way it was designed and constructed in ' 86.

Was there a change in the calculation as a result of the changes made in the revised plan as far as the uh uh necessary impervious or the impervious areas? I'm not I'm not following your question. I recall in the council.

I recall that uh that there was a change based on your revised revised plan in the uh imperous area. In fact, it was reduced as a result of these changes from what it was previously. the impervious area is is exceeds what was allowed in the 86 site plan and therefore that we're doing the storm water management. Right. Okay. Did you have an opportunity to review the board engineers March 9th, 2026 letter?

Yes, I have. And uh what is your response to the engineers's concerns? I I'm not sure he has really any concerns. He he has some some comments and so forth. Um and I would I don't know if you want to go back and forth or for the most part I'm in agreement with his uh review letter. uh he he comments on the the out store storage which we've talked about. He comments on the storm water management um which I think I described and we went out and we did some soil logs to show that there is permeability uh for our underground drywell. Um he talks about landscaping which I think the landscape architect can uh talk about tree preservation and I'll go back to I haven't talked to him, but I believe that the by running the um proposed storm drainage around this pine tree, uh we we have to be careful about not uh cutting the roots and so forth. So, we we would be be very careful to do that if that's what in fact he was commenting about. Um, but I I have no problem with uh any sort of uh additional tree preservation and lighting. What the 86 site plan, it's hard to see, but the the arcs around the building, they they showed four uh lights. And those lights were not downward directed lights. They they were old-fashioned just just standard lighting at the time. Um, what I've done on my revised site

plan, I should have mentioned this before is I'm going to to sheet number two. There there's an existing flood type light in the back of the SNR building which points toward the the rear of the property to to the existing houses. Um what I've because we're not doing any storage in that area. What I've noted is that light was to be disconnected and removed. Um and then I proposed a new light on the east on west side of the building to uh cover the new new storage area. The other lights on the buildings I have not shown to change at all uh because this application was driven primarily uh for the buffer and storage and really didn't see it have anything to do with lighting and so forth. So, we've decided not to do anything and it'll be up to the board to determine whether we can live with what we have now or whether um newer lighting should be installed.

Now, you uh are you did you look and inspect the building for the current lighting? Yes, I did. And uh where is the can you show the board on the on your map where the current lighting is approximately

there there's an existing light in the in the rear of the building over at the overhead door in the SNR uh facility. There's an existing building mounted light in the in the front of that building uh directed toward the what we call the masonry office building. Um there's I gotta find it. There's an existing um light on the Moy building directed toward the uh I'd say off the uh office building is directed to the west.

Okay, that's all I have of this witness. Thank you. Um start with our professionals this time. So, uh Mr. Mayhew.

Thank you, Mr. Chairman. I just want to clarify a few comments um from our March 9th, 2026 review letter uh on page three under storm water management. Um as Mr. man has uh correctly described the uh prior application um added a sufficient amount of impervious cover that would have deemed it what we call a major development. um working with the applicants engineer we discussed and and the new plan submitted is removing a sufficient amount of imperous cover so that the increase from 1986 to now is less than a quarter acre. So that 24 acres that Mr. Mance mentioned was uh on purpose to get it below a quarter acre. Therefore, the site is no longer deemed a major site plan from a stormwater management. Um, and therefore, they only have to meet the non- major storm water management regulations, which with the introduction of the underground drywall system, the application does meet the new non- major. And we just had a couple tweaks on the design. I just wanted to clarify that you' be willing to address our our last couple comments on stormwater.

Absolutely. Okay. Um I'll defer the landscape comments until the landscape architect he'll be next.

Um and as far as tree preservation, we're just simply saying that if during construction there's impact to any of the trees, then you would you would meet the ordinance and address them. And all we're looking for is your applicant to agree to that condition. Um, under lighting, um, our office would recommend that the board consider if an approval is made that the applicant address the rear lighting, not all the lighting on the site, but any of the lights at the rear of the building that impact the residential area to have them upgraded to the current downward-facing lighting. Um, and as Mr. Mance said they're I think they're partially addressing it there. He's proposing to remove one of them and then put a new light around the corner and there's a detail in the plan that shows the proper uh downward-f facing light. Uh I would simply ask the board to consider addressing I think there's only one more light left in the rear. Um, and then lastly, uh, I noticed while we were discussing the SNR pool storage area is going to have a 8 foot high fence to help buffer from the residents. I am a little concerned that there's two parking spaces uh, behind the fence. Uh, one of them is right up against the fence and someone's pulling out of that parking space, they're going to have very restricted sight distance for vehicles coming around the corner. Jim, maybe you can show I'm talking about the upper leftand corner.

You're we're showing these two parking spaces. Yeah. And if someone's pulling out those spaces, they can't see oncoming traffic because there's an eight foot high fence running right along. I wonder if the board was to approve the plan tonight, could your office and our office work and find a somewhere else to move those two spaces? Yeah, absolutely. I'd be willing to work with your office without increasing impervious so that therefore there will be no change to the storm water. Yes, that uh that addresses our concerns, Mr. Chairman. Thank you. Um Mr. Kis,

thank you, Mr. Chairman. Uh, I do not have any questions for this witness. Okay. So, Deis, anybody on the Deis have any questions for the witness? Over there, the the rearfacing lights and I'm really concerned about the lights facing towards the neighbors. Are they on at night? Are they timed? Are they motion detected? How how are those lights to be installed? Mr. uh Lemonitis would have to answer that. So I guess my point is is it possible to put a limit on the time of those lights if they're or for security to put them on motion sensors as well? I'm going to call Mr. Levenitis back just briefly uh because we have an aerial

that the board requested the last time and he can he can authenticate that and talk to that. All right. Well, let's let's finish the other person first.

Um any other questions from the days? No. So, public is still open, right? I don't have to reopen it. Uh any anybody from the public like to question u the engineer on his testimony just given? Come on up, please. Okay. I see seeing none. Sounds like uh sounds like you're done.

You put this in and want to get to A4. Uh while we're trying to uh get this on the viewer, uh we did I'd like to mark just for for our record, A6 would be the uh the the revised plan compared to the 1986 site plan that he was referring to in his testimony. our engineer. Have this Have these been previously provided to the board? Pardon me. These? No. This?

Oh, those. No, I don't think we've seen those yet. These were asked the last time for this. And I have copies for all the board members. Plus, we have one that uh we can put on the screen. I think we have enough.

I got Michael, we marked this as A6. Is that what I gather? Well, yeah. A4. Yeah. I want you to look at this. This is Get this microphone. This is Make sure it's in the uh you can describe what's depicted on I just need one for the witness. Yeah,

we can do that. This this is we we'd mark A4 which would be an aerial photograph of of the premises and uh it's dated April 2, 2025 and uh I'm going to give that to Mr. Leonitis and ask if you can identify that. Yes, sir. What is it? It's an aerial view of the property. Is that a true and accurate depiction of the property as it existed on April 2, 2005? Yes. And uh uh I don't know you can use the pointer. Maybe you can just describe generally what's depicted.

Well, this is my building. Uh solar panels on the top. There's parking there. And there's this is where we had the outdoor storage. That's our trailer that we're going to move back to here. It's going to be located over there. And then this is Russ employs some of his parking. And this is Russ's building. Uh this is the connecting building. And then uh this is now Russ's office and the neighbors would be to the uh neighbors left back here. Yeah. Okay. And uh you heard uh the uh deputy mayor's concerns about the lighting. Do you have any problems with that?

No. Can I just remove the lights? Do I need lights? Because I don't need them. It's not like we're working at night. I can just get rid of them. So the neighbors the neighbors aren't affected at all. I wasn't asking to move them. I mean, I don't know for security reasons if that's important, you know, from a if we ever have to have police come back there or whatever. I mean, I don't want to get involved, but I would just don't think they don't need to be on if they don't need to be on. So, timer or motion sensor would be that's what I'm just trying to prevent the lights from spilling into the to the neighborhood. if you want to remove them yourself. I I don't know if we have Well, I don't know if there's a legality issue that I need lights back there. That's not my answer either. That's above my pay grade.

Yeah. Is that is that a uh is there an ordinance or or an engineering concern that there need to be a minimum? But if not, I guess like I think what we've said is yeah, you could it's up to you. I mean, at a minimum, we would want it changed to a downward facing to minimize impact if it's on a timer and it goes off or or sensor. Okay. Any lighting or if it's removed, I mean, it's kind of lighting that long as it's addressed would be downward facing and would be put on a sensor. Uh, so it's it's limited uh at in the evening, but you may want to have some lighting back there for your employees. Either way, I'll put on the lights that you're recommending or or just eliminate them.

I'll leave it with you to Yeah, I think the board's given you multiple options. Okay. And as long as that's in the resolution, I mean, we can work with your office whether it's replacing because you've already specified a new downward-f facing light for the ones going near your storage area. So, you can continue to use that and replace some of the other lights or remove them if they're not a safety issue. The the ordinance does have a minimum average foot candle requirement in the parking area. Um, but we'd be happy to work with you, whatever your decision. It's easier to put them up or not because it's all open in there. So either way. Okay.

Thank you. Thank you, sir. Thank you. The next witness I would like to call is our Tom Bro. He is our landscape architect. What? His plans they're on file, but This is his A7 would be his.

Yeah, that would be a Yeah, I just got I got to find it. A7 page. Yeah, that's it.

There's two pages. I don't even lower it down there. Also for dear purp we have I'll talk Hey sir.

Yes. Uh Thomas Biro. Uh Mr. Bureau, what do you do for work? I'm a landscape architect. And uh what training and education do you have uh to hold that title? Uh I um have a degree from Rutgers University. I've been uh doing um landscape architecture for about 40 years. I've had my own business here in town for uh 32 years. Um and uh and uh have you testified before boards before?

Yes, many times. And did you uh undertake a project with regard to this application? Excuse me. You undertake a project with regard to this application at my request? Yes, I did. And what did you do? Um, I am uh doing the landscape plan for the buffer area. Um, the 35- ft buffer area, which um well, we have it here. I don't know how we get it up there. Oh, we don't have it up there. All right. Well, let me just point over here. There it is. Mr. uh just Mr. Lans, just one question uh

for Mr. Bureau. Uh your licenses and certifications are all up to date. Yes. No problems there. Yes, they are. Yeah, I would move him to be recognized in as an expert in landscape architecting architecture. I see no anybody's have any comments. All right. Thank you. Okay. Accept. Can you describe the plan that you put together for this application?

Okay. Um what we're doing here is on the 35- ft buffer we're um putting in landscape uh to screen off the buildings and area. Um when I spoke with uh Mr. Mayhew last time, we talked about maybe bumping up the evergreens. So we're actually putting all evergreens in. We have a row of uh arborites that are 8 to 10 feet tall. Why don't you I don't know if you can I don't know the arrows

which is in this area over here right there. And u below that we have a a row of um white spruce. and we're staggering them uh so we get an initial uh buffer and giving them room to grow. Uh in this upper area over here we have uh mature white pines which are providing a pretty good screen right now. And in front of those I have some um holl which are six to seven feet tall. And as the white pines uh branch up, these will help screen along the bottom. Uh we're going to be clearing all the um shrub uh the brush and dead trees from here. There are some uh mature uh trees along the bottom here, shade trees, which we we will be leaving. Uh we could tag those um with the town. And uh we will be uh mulching this whole area with uh two to three inches of double ground hardwood mulch. Um, in the front here to uh keep the vehicles from moving into the buffer area, we have a a ballard rope uh fence which um the ballards will be 10 ft on center um and uh one and a half inch rope between those. I think that about covers it.

Did you uh can you go to page two of your plan to describe the size and and uh nature of uh Okay. Okay. the trees.

Yeah. Uh yeah, the um evergreens I I uh when I had the conversation with Mr. Mayhew, we took out the deciduous trees and and put in all evergreen trees because uh we're basically trying to just buffer buffer the area. So, uh these are just the planting details for the uh evergreens here. And this is a detail for the um Ballard rope fence. Oh, and uh sir, did you have an opportunity to re read the engineers comments regarding the landscaping?

Yes. Um, we are going to be taking out some of the gravel area and we'll be uh putting in uh soil six uh at least 6 in of soil where uh we're taking out the gravel. And um as far as the tree protection, uh you know, we could do a a a fence, temporary fence around the trees to keep the uh machines from uh running into the trees and running over the roots. I presume I presume that your plantings will occur after the any construction work. Uh and that you're talking about the existing trees.

Uh yes. uh like um well I don't have the plan but uh the piping will be going through a a grove of trees. Uh there's room to to get through those uh without damaging him, but um it'll be uh wise to to put some sort of fencing around the root system uh just so the trucks and uh like backhoe doesn't uh run into the trees and and compress the roots. Thank you, sir. That's all I have of this witness.

Okay, Mr. Mayhew. Thank you, Mr. Chairman. Uh, again, I refer to the March 9th, 2026 review letter from our office. Uh, I appreciate your testimony. I think you've addressed our comments, but I just want to for the record if you'll add to the plan the specification for the depth of the hardwood mulch you mentioned. Mhm. And if you will add to the plan the note on testing compaction, it's a standard conservation district note that Okay. uh and wire probe to make sure that the area has been decompacted. Um based on your testimony, we have no other questions. Mr. Chairman,

thank you. Um Mr. K. Thank you, Mr. Chairman. I have no questions for Mr. Bureau. Okay. Um Deis Dis landscaper guy. That's right. Uh you're not taking down any of the existing vegetation in this plan. Like there on this picture here that you present, there's some larger trees already there. Are they are they staying there? Uh yeah, any healthy trees will be keeping. Okay. So you're not clearing you're just cleaning. Yeah, there's some dead ashes there and we we'll be taking those out. But everything viable's staying and then just augmenting with

Yeah, we'll be uh you know placing the trees around those. Okay. Um, is there any sort of uh bond or anything that we're pres or guarantee that we're presenting to keep the buffer alive for a certain period of time so it doesn't disappear and and become problematic in a year or two? Um, we could do a standard year. Is that right?

Well, our office would suggest Well, the couple of things the ordinance requires that buffers be preserved with a conservation easement. Um, so that would have to be if it's not, it would have to be waved by the board. Um, and second, I I would recommend a two-year maintenance bond on the vegetation. That's what I was going to say. At least two years because the first year, anything can happen. As far as the conservation, you know, I would defer to David and Okay. and Mark to determine if that need to be required. I I could put that on the plan in the notes. the amount of the bond would be. Do you have any idea?

Uh well, usually your professionals will estimate the construction cost and submit it to our office for approval. Okay. Will it work for you, sir? Yeah. But as far as the conservation easement, um you know, I'll I'll defer to Mr. choice his office, but typically it would be shown on the plan the the area of the easement and then uh an easement would be filed for that with the county. Correct. That would be the cleanest way to do it. Okay. Okay. Maybe more questions.

All right. Anything else from the days? All right. I think uh Thank you. Oh, public. Sorry. Anybody from the public on the landscape architect? Please come up. Seeing none. Thank you, Mr. Beer. Thank you, sir. Thank you.

We could mark his uh two his drawings whatever the next marking is. Uh yeah, I know. Uh A4 should be the aerial. Yeah. So this would be A7 or A7. Yeah. At this time, it's my privilege to call Mark Ramza.

I do. My name is Mark A. Rema, last name spelled re msa. Mr. Ramsa, what do you do for work? Well, um, this year marks my beginning of my 47th year as a U in the planning and landscape architectural fields. And did you take any special education with regard to that career?

Yes, I have a a bachelor of science and environmental planning and design. I have a master of city and regional planning and I also have a master of business administration with a concentration in finance. I'm uh licensed in the state of New Jersey as a professional planner and landscape architect and both of my licenses are in good standing. I also serve as a municipal planner in two municipalities. I've appeared before numerous planning boards and zoning boards. I think I appeared before this board maybe 30 years ago, but it wasn't in this building. Um, and and I've also been qualified by New Jersey Superior Court as a professional planner.

I would move Mr. Rima as an expert in professional planning. Okay. Any objections? Okay, we accept you as a professional planner. Thank you. Thank you, Mr. Chairman. Can you describe for the board, Mr. Rams, what you did to prepare for your testimony this evening?

Yes. So, I I visited the site um uh uh well, it's well over a year ago now. Um I reviewed the uh uh ordinance. Uh I also reviewed the uh site plan and as well as the master plan for for the township. Um and when I was at the site, I observed the uh degradation of the the buffer in the back uh the maturing of certain trees where the bottom branches are are uh are uh lost. uh and and also a lot of invasive uh brush uh that uh grew up in the bottom and also those those dead ash trees as well. Um so then I worked with um the applicant the applicant's engineer and and landscape architect uh to help um u guide the preparation of of the plan uh uh that you see tonight. And sir, uh, if you give any opinions tonight, please give those opinions to either a degree of probability or certainty. Okay.

Absolutely. You know, uh, first of all, did you come to any opinions regarding the planning associated with this project?

Yes. Um, uh, I was very pleased to see that the buffer was increased from 20 ft that was originally on the plan approved back in the 80s, uh, to 35 ft. Um I was also very pleased to see that the uh ballards are going to be installed because that will prevent the uh uh movement of the gravel uh into the landscape area and also will protect that um uh land the buffer as well. And also uh I uh was also pleased to hear that uh a conservation easement will be put in place uh to help protect the uh the buffer in in the future. So I also observed the uh fact that uh we now have have reduced the number of variances down to the one which is associated with that uh uh section uh 88-69A and that's where uh if there's outdoor storage a minimum 60 foot buffer has to be provided and in this case as as we uh uh learned uh there's going to be a 35- ft buffer uh a and also to help uh further screen the outdoor storage. Uh on the side of the building, there will be an 8ft high uh fence to further enhance that uh screening capability. And when I looked at uh the uh the uh the variance um and looked at the the site location of the building uh and its proximity to to the property line, um I concluded that the variance is a hardship type of variance because we can't move the building. we can't enlarge the property. Uh and also uh you heard from Mr. Mance that uh if we were to put this 60 foot buffer in uh it would practically u uh render the the rear of the the property uh unusable. And so uh a a balancing act of of providing an enhanced larger buffer but

also being able to keep the practicality and the usability of the uh rear of the property uh I think is achieved in this plan. And so when we look at this um uh uh uh the plan uh we have to look at the fact that does uh this hard this variance relate to the prop a particular property? Yes, it does. It relates to the one that we've been you've been discussing for for several months now. But you also have to look at the fact uh by uh having a 35- ft buffer uh does it cause any substantial detriment to to the to the public good? and that's usually the focus of the surrounding properties. Uh so I looked at all the properties uh uh around it. Uh to the north is essentially uh across uh uh uh Duke's Parkway east uh and uh there's really no negative impact to to the recreational fields in the open space. And there's also a little notched out area um where there's a single family home, but that home is separated uh by the building and that uh wooded area in the front. So they don't won't even see the the outdoor storage. To the east is a commercial use. That's the uh uh uh youth soccer building. Uh I see no detriment uh from uh this diminished uh or not diminished but the uh 35 ft buffer uh being provided. Now to the south, this is where most of the focus should be is because that's where the residents are and um with the um moving of the storage on the side of the building. So it's not in in uh uh visible contact with the neighbors. Uh enhancing the uh buffer width but also complementing it with new new plant material and also protecting it. I I believe that uh the the proposal will uh not cause any substantial detriment. Uh and then to the west is a light

industrial use and also wooded area. I see no detriment there. Uh so in conclusion, I believe the uh the the variance can be granted um uh given the balancing of of being able to use the back of the property, but at the same time improving the buffer and uh and enhancing it. Thank you, sir. I have no further questions. I have no questions for this witness. Mr. Sherman, I have no questions. Thank you. All right. Thank you. Anybody on the Dis?

I have one question for you because you said something. It's not sitting right. So, you said that the Ballard and the Ballards. Yeah. You said it helps the the buffer. How? Because what the Ballards are, they're like posts. Yeah. And they're lining up along the edge of the gravel pavement. Okay. And and what's happened when the original design was was put into place, there was nothing to keep the the trucks from making wider turns and pushing the gravel into the buffer. So my suggestion was put up something that will prevent the vehicles from gravitating into the buffer and and

truck wheels can really push the gravel. So So if they're kept away from there, we won't be getting gravel uh you know, disturbing the buffer area. Okay, totally get that. Perfect. Thank you. Excuse me, Mr. Chairman. Could I just add to that? Sure. Um, it helps with the delineation because the challenge that we had before from the 1980s uh site plan, we knew the buff buff buffer was there because it was written on the plan, but there was nothing physical about the site that would indicate even to the users that there was any buffer, right? So, this is an extra effort to try to help preserve the buffer

and and it should be lining up along with a conservation easement. Um, I I put my municipal planners hat on in this case and said what would I want to protect that buffer? And I think that's a reasonable solution. I was thinking like how is a pillar going to help the buffer stay a buffer? But that makes total sense. So, that's why I asked. Thank you. Yeah, good question. Anybody else on the Dis? I think I'm good as well. I think that's uh uh everything for us. So uh anybody from the public? Hold on. Hold on. Uh does anybody from the public want to question this witness? Uh Mr. Rem's on his testimony. Seeing no action. Thank you.

Thank you, Mr. Chairman and board members.

At this point, there's one area that uh I neglected to go into with our engineer. there was a sight easement requirement by the county uh along the county road and uh I wanted to call our engineer because he did address that and uh I wanted to bring that to the attention of uh the uh the board Apparently, when the 1986 approval was made, it required that there be a site easement and that site easement be filed and apparently that site easement was never filed. So, uh we're in the process of addressing that. Now, Mr. Vance, did you uh have an opportunity to review the issue of the requested site easement along the Dukes Parkway East and the your requirement of the Somerset County Planning Board?

Yes, I did. Um the county on on my sheet one I show the uh the site easements as indicated on the approved site plan and they're triangles uh approximately 30 feet by 50 ft. Um and they I think I mentioned this a little bit at the last hearing uh and they were never uh filed. No easements exist. So, what I did was looked at the current uh Somerset County requirements for site distances, and they say that they want an easement. Uh, or you have to be able to see from a point 15 or 18 feet behind the edge of the existing pavement, which is about the property corner to a point westerly and easterly. um approximately 400 to 450 ft. The um it it depends upon the the speed limit. So really the site easements even if they were filed would do no good uh for this this property. Uh people would not stop way back behind Dukes Parkway. People obviously inch up to the edge of pavement and look uh west and look east. Um, I've done some research. There there was some some existing site easements taken on adjoining property uh lot 68 for the subdivision which uh these these properties behind us are are part of. There was a a road um it was actually dedicated years ago and then I guess finally constructed as part of that uh development. In any event, I believe that the site easements will be located either within the necessary site

easements will be located either within existing easements on lot 68A or we might not need any easements on the adjoining property to the west because of the uh configuration. the pro the um excuse me rightaway line is is set back at at 33 feet from the the center line. So there's sufficient distance for a long way for us to be able to see. I need to survey that. But my initial um and I didn't do that because of the snow. Um was that uh there if there might be some physical uh obstructions within the rightway, but they can either be cleared or or left, you know, as the case of a mailbox. U but I think what I can show the county that there's sufficient sight ease within the existing rightway or site distance within the existing rightway. But we'll be dealing with the county on the easement issue.

Yes, it's it's strictly county, but I did want to bring that to the attention of the board that uh the site easements that were approved in 1986 were never filed. So, but we're handling that. Clean up clean up on aisle six type of thing. Okay. Um Mr. Mayu, any comments? I I take no exception to what Mr. Man is testifying and our office would defer to the county. Okay. And Mr. Kois, any comment? Mr. Bernstein, seems like a legal issue possibly. Any any thoughts on that,

Mr. Mayu? Do you see this as a potential condition for approval or not at all? Well, I think as our standard practice, we would make the approval conditional on receiving the county approval and therefore if the county has an issue with it, they'd have to come back here.

Um, yeah, pro probably I don't believe we would have to come back here um because it has to do with filing easements for the county and it's just subject to the county. It has nothing to do with the your approval uh for the buffers and what we're doing on the site. That that's my take on it. I guess if I can, Mr. Bernstein, what you're saying is if for some chance the amount of sight distance required would require the applicant to obtain an easement outside of the right away. I'm assuming the applicant would agree to do what's required. Oh yeah. Yeah. Obvious satisfy the county.

Absolutely. I'm comfortable with that. Okay. Any uh any comments from the deis on this easement matter? Anything from the uh public? Seeing none. Well, thank you for uh addressing this little last little piece and and uh you're welcome, Mr. Chairman. That concludes our presentation this evening. Okay. Do um

comments from the professionals or the board and then the public's last crack. Okay. All right. So, the applicants uh rested Mr. Lanza. Uh thank you. Any any final comments from engineer planner? No. Uh deis anybody? All right. public. Any final comments for the applicant? Gota take her.

Hi again. Uh Paul Macowski, 30 Campbell Road. Um so this is actually just a quick question for my clarification. Uh I believe Mr. Rumson. Um the request for the variance. Uh why are we asking for that? because uh my understanding was that the variance is only needed the 60ft buffer is only needed if there's an outdoor storage in that location but since we swapped the outdoor storage with the parking is the variance still required Mr. May who wants to chime in I'll defer to Mr. of course in his office. But at a minimum, there's still on the plan uh 1,60 ft of storage from Warrior handling shown at the rear of the building,

right? This area. Okay. Yes, sir. Okay. So, that's not because there's parking here. Correct. Okay. All right. That that I just wanted that clarification as to why we were actually still asking for it, but fair enough. Thank you. That clarifies it. Thanks. Thank you, Mr. Mayhew. Tag team. Uh, anybody else? Any other public comment? We did great. All right. Seeing none, uh, motion to close public. Second. All right. All in favor? I.

All right. So now, um, Mr. Bernstein, you have a help us.

We're looking for a motion. Mr. Chairman, to approve the application of Dukes Parkway East LLC Crane Varm LLC file 24 PB 11 MSPV MSPV reference 86PB05 SRV. This is an application at block 58 lot 67.02 O2 to approve the requested uh information sought by the applicant for a reconfiguration of certain items on the property. Ostensibly the approval pro retroactively prospective on the shed and all other requests made by the applicant along with the variance sought. Approval is subject to the conditions set forth in the reports by both the board engineer and the board planner as well as any appro any agreements by the parties during the testimony of this meet of these meetings both tonight and prior.

Okay. Um so with that have a motion and a second. I'll move to approve as summarized by Mr. Bernstein. Second. Um, roll call or any any comments on the the motion? All right. Roll call, please. Mr. Wagner, yes. Mr. Sarra, yes. Mr. Flag, yes. Mr. Rawitz, yes. Smith, yes. Deputy Mayor Leani, yes. And thank you to the applicant for reaching out to the neighbors to create a uh a more harmonious application. Mayor Payne. Yes. Vice Chair Pas. Yes, sir.

Chair Chelli. Yes. And I second the deputy mayor's comments. We thank the applicant and the owner and the uh the applicant owners and uh residents and neighbors for for coming together and cooperating on this final design. and uh you know had an agreeable and seemingly acceptable and productive meeting tonight u where everybody's leaving relatively happy with the site plan. I think it's a benefit and and uh for the commercial and residential neighbors. So again, thanks again for for everything you guys did uh as residents and and as uh business owners here in town. Thank you for your courtesies.

Thank you for your and the professionals too for their assistance. What's that? Um, yeah. Any final any business issues? Next meeting is uh a April. Is it April? Cancel. Do we need to cancel business meeting? Cancel business. We did already. Oh, you did already. I don't. I'm asking. No. So, so if we don't have any business, we cancel the move to cancel the business meeting. Second. All in favor? I now everybody wakes up. See, can't end it too early. The caffeine kicked in. So, next is April April 9th.

April 9th. Okay. Remember that it's going to be the second and third Thursdays in April because the Jewish holiday. Is that correct? Yes. Okay. So, 9th and 16th. A reminder on the Well, I'm just saying it's normally first and second. Let everybody remember that there's a third Thursday. We we could we could send out um a reminder. We have applications on for the 9th for the Do you want me to check now? If you if it's easy to find, David otherwise, you know,

Motion to adjurnn. Oh, before he does it where he gets too late. Yeah, it's not part of the minutes. All right, we'll let you know. All in favor? Hi. All right. See you in April again.