Planning Board - Regular Meeting

And we lived off of Dukes Parkway, so either way we went.

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.

This meeting has been duly advertised according to Section 5 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, the township clerk, posted on the township's website, and available at the Hillsborough Township Municipal Complex. Pursuant to PL 2025, section C-72, starting March 1st, 2026, municipalities are required to publish their public notices on the municipal website. Hillsborough Township public notices are available at hillsborownj.gov slash public-notices. Application documents and plans have been made available on the township's website at hillsborownjportal.civicclerk.com. and made available 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. Could I please have a roll call?

Mayor Payne, Mr. Siraji, Mr. Deb are absent. Mr. Flagg? Here. Mr. Radowitz? Here. Mr. Vitale? Here. Mr. Smith? Here. Deputy Mayor Lopate? Present. Mr. Pisan? Present. Chair Ciccarelli?

Here.

Mr. Royce?

Mr. President.

Here. Bernstein. Here. Myself and the videographer here.

Okay, thank you. Consideration of meeting minutes. I guess we'll do these one at a time. Can I get a motion and a second to approve the March 12th, 2026 meeting minutes?

The eligible members, Mr. Chairman, Mr. Flagg, Mr. Radowitz, Mr. Smith, Deputy Mayor LaPonte, Vice Chairman Piessen, and yourself.

All right.

Motion.

Second.

Okay. Any discussion?

Salute.

That's what I think, too.

That's all I have to say about that.

All right. Hearing no further, can I have the roll call?

Mr. Flagg? Yes. Mr. Radowitz? Yes. Mr. Smith? Yes. Deputy Mayor Lopani? Yes. Vice Chair Pizan? Yes. Mr. Ciccarelli?

Yes. Consideration of the meeting minutes of April 16th, 2026. Can I get a A motion and a second. Hearing who's eligible.

Eligible members, Flagg, Vitale, Smith, LaPonte, Peason, and Ciccarelli. It's all moved.

Second.

Any discussion? Okay, hearing none, can I get a roll call?

Mr. Flagg? Yes. Mr. Vitale? Yes. Mr. Smith? Yes. Deputy Mayor LaPonte? Yes. Vice Chair Peason? Yes. Chair Ciccarelli?

Yes. Thank you. We have no consideration of resolutions tonight. We do have the ordinance 2026-07, adoption of the Sunnymead Landfill Redevelopment Plan for the property identified as Sunnymead Road, Block 182, Lots 6 and 7.02, previously determined to be a non-condemnation redevelopment area. Mending Chapter 188, Land Use and Development of the Municipal Code of the Township of Hillsborough to establish a new Sunnymead Landfill Redevelopment District. The development of which to be in accordance with the redevelopment plan. Do we have anything, Mr. Bernstein, to Mr. Coyce? Do we have anything regarding this ordinance to discuss?

Yes, I have some comments, Mr. Chairman, if I may.

I guess we'll go ahead and order. Any comments from the dais and then we'll go to- Sure. No, okay, have at it, Dave.

Okay, thank you. Mr. Chairman and members of the board, Township Committee has referred ordinance 2026-07 and the proposed Sunnymead Landfill Redevelopment Plan to the planning board pursuant to the local redevelopment and housing law for review and recommendation regarding its relationship to the Township Master Plan. The proposed ordinance would adopt the Sunnymead Landfill Redevelopment Plan for block 182, lots six and 7.02, consisting of approximately 14 including the former Sunday Mead landfill and adjacent lands that have been designated as part of a non-condemnation redevelopment area. The purpose of the redevelopment plan is to establish the land use and development standards that would govern future redevelopment of the property. It is important to note that the board is not reviewing a development application this evening. Rather, the board is being asked to review the redevelopment plan itself and provide a recommendation to the Township Committee regarding its consistency with the master plan. As outlined in my memo, it is my professional opinion that the redevelopment plan is substantially consistent with and designed to effectuate the goals and objectives of the Hillsborough Township Master Plan. The redevelopment plan advances the township land use objectives by encouraging the adaptive reuse of a previously disturbed property within an established industrial corridor and directing future development to a location already served by infrastructure. The plan also advances the township's environmental objectives by requiring continued compliance with all applicable landfill closure and post closure requirements and ensuring that redevelopment does not interfere with environmental monitoring systems, remediation measures, or other safeguards associated with the former landfill. In addition, the redevelopment plan supports the township's economic development objectives by establishing a framework for the productive reuse of a long constrained property while providing opportunities for future investment and employment generating uses. Based upon the foregoing, it is my recommendation that the planning board find that the Sunnymead Landfill Redevelopment Plan is substantially consistent with and designed to effectuate the goals and objectives of the Hillsborough Township Master Plan and recommend that the Township Committee proceed with consideration of Ordinance 2026-07. Happy to answer any questions that the board or the public has.

David, just for... the audience and the record, what is it after this is done, what are the next steps just in the process?

so the next steps it would go to the township committee for adoption and Essentially what would happen is once that? Ordinance is adopted it puts the redevelopment plan into effect Which means essentially that becomes the zoning for it it would then enable the owner slash developer to apply to the planning board for an application for a site plan application and pursuant to the permitted uses and all the standards within the redevelopment plan. And all the appropriate notices would then happen that are associated with the typical application that goes to the board. So essentially, this is a mechanism, a tool in which municipalities have in the place of zoning to use the redevelopment law to focus in on a particular area to try to encourage it to get redeveloped.

Thank you.

You're welcome. David, I'm just curious from the timeline, just for edification, I'm curious. It says it was opened in 1961 and 1985 closed down. From 1985 to 2019, what happened on that site? I moved here in 2019, so I don't know. It does?

Yeah in the timeline you can see that between there were things that took place on in 2001 At a certain point The municipality was put I'm still cooling down from At a certain point

the township was essentially put on notice from the state that they were aware that the landfill was there and that the township needed to take appropriate action. In terms of trying to put together this timeline and going back and trying to represent the different things that were done, once the township had declared it in an area of, you know, in need of redevelopment, it then named who the redeveloper would be, but essentially it took some time before the sale agreement had happened, and a lot of that had to do with the township having to put in monitoring mechanisms before the purchaser was comfortable acquiring the property and making sure that it was following all the different requirements. So we tried to put as much in the timeline as possible to try to explain that timeline.

It's helpful. I just missed the entire... Yeah.

Essentially, to the best records that we could find, we believe that's the time period in which it was active. The township... remained the owner up to, I believe, two or so years ago. And before that, I believe it's just been a vacant property that's been fenced in with monitoring equipment there and different things that were installed throughout the years to make sure that it's in good standing. Again, one of the reasons why we're doing this and why the property was sold is so that the landfill could be properly closed fully. And in order for them and requirements for this redevelopment plan, that's what the owner slash developer has to do.

Welcome. David, can I ask one request?

Absolutely. On the timeline?

Yes. It looks like everything is trying to be in chronological order, but then there's a few things that are out of order. So it goes from August 6, 1985, to 2019, to 2015, back to 9, 7, 1. It goes like this. It's like a backwards S. If you follow the line...

Okay. It's like a snake giraffe.

Yeah, okay. Some people like myself may need some instructions on that. But okay.

Would you like some arrows?

There is an arrow on it.

It's just kind of small.

Mr. Kois, what have we seen before this board before? I remember, didn't the owner come in with a plan? And the only reason I'm asking is I could swear that this went up to the Township Committee already. Or maybe it was a different... No, no, like recently.

Was it for this... We had an initial vote, and then it was sent to us to send it back to go ahead and initiate the process to designate an area redevelopment. I think was that what happened? It did go up.

I swear I was sitting in the back there, and you guys voted on something. So it's back at us.

Well, so the most recent action that this board took was on the investigation report that added the second line. That's the most recent action.

Okay. Yeah. That's what we saw.

Before that was probably the sale agreement from the township committee that was done with the township committee.

But would the Township Committee have ratified the merger?

The investigation report, yes. Okay.

Maybe that's what I saw. Yes. Okay. All right. So our action today is just to recommend the Township Committee.

It's a compliance issue.

It's a compliance.

Whether or not this is in conformance and compliance with the master plan and recommend it back to the governing body for their approval in two weeks.

Correct.

So any other questions about it?

Yeah, David, just to be clear, this zone is, what zone is it currently surrounding it or encompassing it? And what is the uses or allowable uses under this? I know you touched on that, but what's around there and what can it be used for?

So the former landfill is in the I-1 light industrial district and has industrial across the street, has the railroad just south. There's industrial just south of there. Well, actually, excuse me. The Great Dane property is just south of this, and then it's the railroad across the street from this property is... I can't remember the name of the business that operates. North of this little industrial area starts to become residential again, and the property that was added is actually in a residential zone. I believe I have in my report the RA.

Northeast Great Dane is the trucking outfit just next to it.

Thank you.

Yes, so if you go to page 13 of the redevelopment plan, the permitted principal uses include solar energy systems, Class B recycling facilities subjected to EP approvals, office and office buildings, self-storage facilities, small-scale storage and distribution facilities, manufacturing, processing, finishing, and assembly of products completely within an enclosed building, research and development facilities, lumber yards and building material storage facilities, contractor facilities, indoor recreation facilities, there's a lot of ones included in that, outdoor recreational facilities, personal service establishments, vehicle service facilities, And then in permitted accessory uses, we have parking and loading areas as regulated by our township code, trash and garbage collection areas, outdoor storage, retail sales of goods and services, and accessory uses customarily incidental and subordinate to permitted principal use.

Thank you. Essentially, it's a hybrid of one of our industrial districts. It's not as expansive as some of them are. It's a little bit more focused in. There was a number of uses that were negotiated by the now owner in terms of the sale agreement, and we expanded upon those to try to make sure that the property and the zoning is as viable for them, especially as things might change so that we don't have to necessarily come back and have to amend this. If it's too narrow, then we'd have to keep coming back and amending it. So we wanted to take some of the things that in I-1 that already seemed to make sense in that area, and that's where we landed with all the uses.

Yeah, I agree. Yeah, I agree. And yeah, kind of almost abutting the rail line. That's an active rail line, if I'm not mistaken. So yeah, okay, thanks.

You're welcome.

Any other comments from the dais? Get a motion and a second to open to the public.

So moved.

Second. All in favor? Aye. Okay, we're open to the public. If any members of the public have anything about this ordinance, please come to the mic. All right. Sweet. Seeing none. So, I guess the motion to close. So moved. Second. All in favor? Aye. All right. So the motion is?

The motion is that the planning board finds ordinance number 202607, adoption of the Sunnymead Landfill Redevelopment Plan, block 182, lot 6 and 7.02 to be in compliance with or conformance with the Township Master Plan, And the Township Planning Board recommends to the Township Committee the adoption of said ordinance at its next regular meeting.

Okay.

So can I get a motion and a second?

So moved. Second.

All right. Thank you. Roll call, please.

Mr. Flack. Yes. Deputy Mayor LaPonte? Yes. Vice Chair Pizan? Yes. Chair Ciccarelli?

Yes. Thank you, David. Thank you. Thank you, David. Thank you. All right. Business from the floor for matters not on the agenda. So if the public would like to come up and speak to any matters that are not on tonight's agenda, please come up to the mic now. Okay. I have 100% response on that. Consideration of ordinances. We don't have any. We have two applications. One has been adjourned. So first was...

The request is to be adjourned.

To be adjourned. So to be adjourned. Valley Road. Do I have to read the whole thing? I guess I do, huh? Yeah. All right. Valley Road Realty, LLC. File 25-PB-04-MSPV. Time of decision, September 11th, 2026. Block 151-09, Lot 227, formerly known as Block 151. Lot 5.B, Valley Road. Applicant seeking preliminary and final major site plan approval, see bulk variance and waivers to construct 199 dwelling units within 25 buildings comprised of townhouses with garages, a 59-unit apartment building, clubhouse, stormwater, and associated site improvements on property located in the MFID-1 Multifamily Inclusionary District-1 Environmental Committee Review, May 11, 2026. So the applicant has provided an extension of time through September 11, 2026, and requested to be adjourned to the July 9, 2026 agenda with notice.

So the motion is to accept the request to carry this matter to July 9 at 7 p.m. or as soon thereafter as the matter may be heard. Notice is required. and the time of decision has been extended to September 11th, 2026. Okay.

So motion and a second to open it up, right?

I'm sorry, may I ask a question? What's that? Just a motion to approve. Just a motion to approve? I'll make that motion to approve the adjournment request.

May I ask a question? I'm sorry, Mr. Bernstein, did you say notice is required?

Yeah, that's what the agenda says. Agenda says...

With notice. Okay.

And the notice is, the applicant has to.

The applicant would have to send out a new notice to all the people within 200 feet.

Okay. So we have a second. I mean, we have a motion.

Motion by Radowitz. Yes. We don't have a second. We don't have a second.

I'll second.

Good to know. All right.

Roll call. I think he wants to confirm.

Dave is looking concerned at his screen on the issue of notice.

Okay. And I guess my only question would be, requiring notice, there's sufficient time between now and the 9th of July to give notice? Yes.

Mr. Bernstein, were you involved in whether notice would be required or not?

Nope.

Okay, neither was I. What?

Neither was I. I'm assuming somebody else was.

I don't know if you recall seeing Mr. Fisher's request. That's what I was trying to look for.

Hold on a second. I can't guarantee I have it either, but let me check. David, was notice sent out for this- I'm looking, just for the purposes of the record, I have an email here from Mr. Alexander Fisher of the firm of Savo Shock et al. Dating June 1st, 2026 to Deborah Padgett of the planning department. Hi Deborah, the applicant requested the first hearing for the application be rescheduled to the July 9th board meeting. We will notice for that meeting. Please send over any extinction that you need me to sign. Thanks for your help, Alex. Okay.

That was my question because there was nobody here for the meeting, so I'm wondering how they would even know that it was being adjourned. Was there notice sent out for this meeting?

I believe there are people aware, but that's beside the point. He's offered to do the notice. Let's do it.

Okay.

It may have been that they didn't send notice, so that's what we're not sure about, but it's clear now.

Never pass up an applicant's offer to re-notice. Yes. Frankly, I'm surprised, yeah.

Sorry, just wanted to be sure, so thank you for finding that, Mr. Bernstein.

Not a problem, not a problem. All right. So you have a motion from Mr. Radowitz, a second from Mr. Vitale to do just what we discussed. We can go right to the roll call, right? Yep.

Mr. Flagg? Yes. Mr. Radowitz? Yes. Mr. Vitale? Yes. Mr. Smith? Yes. Deputy Mayor Lopani?

Yes.

Vice Chair Pizan?

Yes, of course.

Yes, thank you. The second application is Campus Associates, LLC, file 20-PB-13-MSP, June 2026 update. This is block 58, 1.05-5 Campus Drive, formerly known as 4 Campus Drive. Applicant to update the planning board on the status of the project every six months, no later than December 31st, 2024. And thereafter, per condition A of the resolution memorialized on July 11th, 2024, status update last presented to the board on December 4th, 2025. It sure does. Same link. Mr. Kessler? Yes. Back again.

Yes, yes sir. Good morning Mr. Chairman, good morning members of the board, and deputy mayor, council, and professionals from the township. A lot has happened in the last six months, I'm happy to report. I was just out at the site about two weeks ago, get together out there with our financing team and some other third-party people that we work with and wanted to show them the site so I had a chance to go out myself and visit and happy to report that a lot has happened since I was here last in December at this point that the big item that we're waiting on is power from the power utility from the electric utility and that is something that none of us have control over. We push and try to get power as quickly as possible, but at this point, we're hoping we have it shortly, but that always becomes an unknown, and it's always difficult to work with the power provider, no matter where you are. So that's the big item that we're waiting for right now. Happy to report that all four of the apartment buildings have been framed The first I guess building one building three and building five have framing complete and rough mechanicals installed at this point and Building four is still in the framing process, but getting rough mechanicals in the next week or so. They'll start going in. The clubhouse is near completion. Again, none of these buildings have power yet, but the clubhouse is almost complete. We've started installing some of the finishes, the final finishes in the clubhouse. The pool is about 50% complete at this point. The entire job is paved. As of now that's not top-coded, but obviously we still have construction significant construction happening The pre leasing process has has started Which means that our sales and marketing team have stepped in and started to do their thing at this point which involves getting the website up and running we've moved from a listing for the Hillsboro project as Hillsboro to Hillsboro coming soon which means that we're getting ready to launch the rental website where we'll start the actual leasing process until you have power you you know and until you're substantially complete with the first building it's tough to bring people in but people will start signing up we've already had several inquiries from the public asking when they can rent so we believe it'll be a popular So the pre-leasing process is starting. We believe we'll have some real live leases in the works sometime in July. Our hope at this point, based on what we've seen with other projects in terms of when the power will finally be turned on and based on where we are, we anticipate that at some point in October, we would begin moving our first tenants into the first building. And our goal at this point is for substantial completion of the entire site by the end of fiscal year 2026. So we're hoping by the end of December. As with any other kind of project you work on, you never know. Things come up. There are things that are in the way, and you never know what you're going to face when you're building, but that's what we're aiming for at this point. Like I said, the site looks really nice. I was just back there, and it's kind of nice how it's set back off the road. I mean, I knew it was set back off the road, but when you're back there, it's kind of a nice view. a little peaceful part of the world in that complex. I think it's gonna be really nice. And that's a general update of where we are as of today. I also wanted to add that the first building, in addition to Framing and Ruffs, has siding right now. So, it's moving right along, moving basically on the same schedule that I had anticipated we would be on back in December. A little bit, slightly behind, maybe a few weeks, but on the whole, things are moving forward. Project folks have been working really well with the town and with the construction department. Everyone's gotten to know each other. You know each other's quirks, and it really turned out to be a very nice project. So that is my update for the month of June in 2026.

Thank you. You said the site's paved, so I'm curious. So you're really kind of already at your coverage ratio, and I'm wondering if anybody has any feedback on stormwater control and how that's working.

So we have not heard anything from our folks who are on site. that there have been any major issues. If there were anything major happening, they would have come to me. But we haven't heard any complaints from the folks who are working there. You would think if they can't access a building or if something's being washed out, we would know about it. But we haven't had any complaints so far. Any complaints that would have come through our project managers from members of the public or from neighbors would have eventually made their way to us in the main office. But we haven't heard anything.

It's still kind of early. A little bit. Just putting you on, kind of throwing the flag up there that as the summer storms come through, it might be. I'm curious to see how, everybody always asks, do these stormwater things work? And so- Say they do, and I want to see it. Yeah, we're crossing our fingers as well. Absolutely.

um with with regard to the paving obviously you're talking about october move in and finish by december and do you plan on putting in a top coat before the end of the summer you're going to wait till next year to put the top coat on we usually wait um i would imagine so for paving yeah justin you know the problem is you you know you're going to have heavy construction vehicles in and out of there for for a long time maybe up until substantial completion so it doesn't make sense we've done other projects where You know, tenants have, say, moved into one building, and the township has come to us and actually said, you know what, just can you pave that one section? We've done that before.

Only because you said you're supposed to finish the project by the end of the year, so obviously you're not really going to finish it. Yeah. You're going to finish it.

You're not going to get asphalt in December. Right. So it would likely be, you know, if it is substantially completed in December like we think it will be, you know, it would be when the thaw happens and the asphalt plants open up again, usually around late March, April, something like that. And have you started to coordinate with our affordable housing in our office here as far as phasing? We have. As far as, yeah, as far as how all that's going to work, yeah, we have. Okay. Yeah, we have.

Anybody else have any, from the days, have any questions? Okay, Mr. Coyce.

Mr. Chairman, more of a logistical question for the board and for legal counsel. Six months puts us at December 11th, and I just, you know, in terms of what the resolution says of having to come back for updates, but if it turns out all the COs are issued by that time, is the board expecting just an update, or are they requiring an appearance?

An update. I mean, if Mr. Kessler feels the desperate need to come earlier, and give an update, he can come and give an update. Yeah.

The question more is, okay, they're completed, and let's say they complete it before the six months, would a letter suffice showing that the project's complete and fully CO'd and not have to require appearance?

I don't mind coming up here. I get to leave work a little bit early. And I absolutely do not mind the beautiful ride through the Sourlands. So I don't mind coming back. I mean, I guess if we somehow finish in November, I doubt that's going to happen. And between all of you here, me and the wall, I'm telling you, our goal is the end of December. But with development and the way things work, That's fair. Yeah, that's our goal, but we all know how things work in reality.

We'll write you in pencil. We'll pencil you down for a December day.

I'm happy to come. I'm absolutely happy to come. I appreciate that.

Regardless, I'd like to hear at the end of the day, right? The end story. By then, we may have a couple of storms, and we can say it's working. I hope so. That's what I'd want to hear.

That's fine. I appreciate that, though, Mr. Coyce.

How about the letter, the issue with the deed? Is that something you want to talk about, need to talk about, or is Mr. Kessler involved in that at all? Well, he's the victim.

I saw Mr. Burns seeing my thoughts on where I believe we're at, and I wanted to give him a chance to take in everything that I had sent him. If he has a response or agrees with my assessment, or perhaps he needs more time.

The members of the board who were on the board at the time this application was originally approved And what came from it, Mr. Kessler was not attorney of record at the time. Recall the various and sundry provisions of the agreement that the prior owner put us through relative to units and affordable. And the agreement that the parties ultimately entered into was 96 total units of which 23 would be affordable. And the settlement agreement is abundantly clear. It's five ones, 13 twos, and five threes. Somewhere along the way, after Mr. Kessler's client took over, And the board may also remember that we had a visit from council prior owner who showed up here asking for an extinction while he was busily quietly selling the property. And violated the agreement because he wasn't supposed to sell the property without at least our knowledge and potential approval, but they did. We went through the whole routine that this is what we're going to be. what the parties agreed to and the machination we went through and the storm and angst and the amount of money that the taxpayers paid relative to the contest when you decided not to approve the project and what came from it. We anticipated that the project would be built in accordance with the settlement agreement. Somewhere along the way, the numbers on the units have changed. And part of the problem is that UHEC really doesn't call for studios to be affordable. And we've lost a three bedroom unit. And the discrepancy appears to be between the deed and the agreement and the approval. I have read Mr. Coyce's comments this morning. I didn't respond because I've- I figured I would do it here, A, and B, I've been a little. So I would concur that everything needs to match up. And the thing that needs to match up that does not match up is the deed, which clearly does not follow the settlement agreement. And I'll use the following phrase, every unit counts. And any units that don't comply with UHAC present a problem with our friends in Cherry Hill, etc. So what we need, Steven, is we need to get the two things. We need to make sure that your client is building the 23 units in accordance with the agreement. Yes. In accordance with the agreement, in accordance with the board approval. In accordance with the abuse the board took from Judge Shanahan regarding that, the re-approval, which is the 5, the 13, and the 5. Which also means that the deed needs to be amended to reflect the 5, the 13, and the 5. As well as the fact that they are meeting the low, very low, and moderate income requirements. So I would concur with David. I would concur with David that the thing that needs to happen is the deed has to be revised.

And I can testify tonight that we have constructed in accordance with the settlement agreement. It is 100% built in accordance with the settlement agreement, not in accordance with what ended up in the deed. What ended up in the deed was a result of the affordable housing, whoever at the time was doing the affordable housing calculations, ending up in the deed. So amending the deed is not a problem at all from our standpoint.

Okay. So just stay in touch with our office on progress.

And just in case the planning board is wondering, okay, how maybe did that happen? Our administrative agent at the time, which is not the same as who we have now, they were given the assignment to do the calculations, which is typical. That's what they do. Unfortunately, it didn't seem like they had the knowledge that there was a settlement agreement. So I believe that's the primary reason how this essentially happened. And, uh, Yeah, this was brought to our attention. Our new administrative agent was working with us as well, and they're ready to get going with you as well. So I don't see this slowing anything down. It's just more of getting a new copy of it, perhaps for our affordable housing attorney to review, to give the blessing before it goes and gets refiled, recorded with the county. And then we get a copy of it and everything, and then we can be on the same page.

So how do we invite some more at 9? I see where we're going down here. Yeah. Yes, I start that late, actually later than nine. I'm giving him time. Normally people will tell me, I don't know why you don't have it by midnight tonight when you leave here at 11. Yeah, we need to get it squared away.

Okay.

I mean, there's not a dispute on the number. The issue is to make sure that the correct number and that correctly.

allocated that's right yeah because essentially our administrative administrative agent the document they have going forward is the control itself so that's that's how important this is will there need to be either

a resolution from the board or from Township Committee to execute a corrected deed?

It's usually signed by the administrative agent, at least the version that we have.

We can see how we might handle that. We'll make sure it gets done correctly. We had done it through compliance, resolution compliance. Right. Well, actually, what ended up happening is because the prior owner was in very much of a hurry to sell the property, the controls were not actually done when the plans were signed. And so that was something that was caught and addressed, but now we just, it's not unusual that sometimes deeds have to be corrected, just to assure the board.

But I don't think we actually saw the first deed, right? I think it was it.

No, because that was a result of the approval that you gave and essentially the marching orders that all those things have to happen.

And they just need to match it.

And they just need to match now. Okay. So we don't need additional being. Essentially, we're going back to the original or the last resolution that says get it right. And now we have to get it right.

All right.

If that makes sense.

Okay. Sounds like Mr. Kessler's aligned with that, so that's good. Absolutely.

Sooner than later, Counselor. Absolutely. Thank you. Absolutely. Not a problem. I'll agree to be on my behind.

Hold on, Mr. Kessler. Before you go, we're going to open to the public. Motion and a second to open. So moved.

Second.

All in favor? Aye.

All right. You knew the public was here.

Grant Colmer, Taylor Avenue. I think I'm just going to cut through the legal talk, if you don't mind.

I resemble that remark.

I know you would. That's okay. And what I heard, I'm just going to reiterate the statement, because it sounds like this is a paperwork issue, and you have built in accordance with what the plan is, everything to do with the plan, and this is a paperwork issue. Am I sort of getting that cut through legal stuff?

Correct.

That's all I need to know. Thank you.

Actually, the person who started it is the guy who is not a lawyer.

All right. Motion to close? Motion to close. Second. Second. All in favor?

Aye. Mr. Chairman, just for the purposes of the record, Council 4, Kernmoor County, I use the word concedes loosely, that the obligation of the applicant relative to the requirements for affordable housing are going to be in accordance with the settlement agreement between prior owner, which this owner accepted when they took the transfer, as well as the resolution of approval granted by this board, which is 23 affordable housing units, five one-bedroom, 13 two-bedroom, and five three-bedroom units. And that any paperwork that is not in accordance with SANE will be corrected prior to the granting of certificates of occupancy, the first certificate of occupancy. So, David, I'd ask you, like John, know that before they go out and start granting COs, that this is taken care of.

Yeah, I take that as TCOs as well. Mr. Fiedler?

Yes.

What? Yes, Mr. Fiedler. Okay.

Yes, we could document that. Okay.

Thank you. And we will be looking forward to seeing council prior to Christmas, whether it's the final visit or the next to final visit. Penultimate?

All right.

All right.

Thank you, Mr. Kessler. Thank you all.

Enjoy your nice ride home.

I will. The sun is probably still out.

You guys are in my GPS automatically. I like to iterate. It's like Hillsboro. Oh, yeah. That's where I'm going. Thank you for your time. I appreciate it. All right. Thank you.

Have a nice summer. Anything from a business perspective before we adjourn?

We've got a meeting. Remind the board. You've got a meeting on the 25th.

We have an application on June 25th, 25 Camp Lane Road. So please come to the meeting so we have quorum.

You want to address the July 2nd meeting?

We have not been putting anything on it because we believe it would be a possible quorum issue. So if the board feels comfortable canceling that meeting, then just know that we have nothing on it due to its proximity to the holiday.

Just cancel it. So do we need it? To vote on canceling it?

Is that the... I think at this point, it avoids the question of will we or will we not have an agenda. The planning department has chosen not to put anything on it. I make a motion to cancel the July 2nd meeting.

So we have a motion to cancel the July 2nd meeting and a second... Mr. Volko?

Mr. Flagg? Yes. Mr. Radowitz? Yes. Mr. Vitale? Yes. Mr. Smith? Yes. Deputy Mayor LaPonte? Yes. Vice Chair Peazan? Yes. Chair Ciccarelli?

Yes. Just for the purpose of Mayor, Mr. Chairman, and the rest of the board group, that means we have one planning board meeting in July. Okay.

There's a possible business meeting. It just doesn't show up on right now.

The possible is 23rd, and again, for those of you who don't know. Well, we're taking bets on that one. July 9th is Valley Road.

Correct. Is there anything else on that?

Maybe July 23rd, but I do remind the members of the board who may not recall, August is no meetings.

Correct. Was there anything else pending possibly for the 9th?

No, not at this time. If anything changes, we would let you know. But no, I don't anticipate anything else going. We're not holding it for anything. Again, we think it's appropriate for Valley Road Realty to have the meeting by itself.

You may need another meeting, depending on where we are with the 25-volt campaign. I mean, yeah.

well true and possibly not the ninth but sometime we can we can see I mean we've already started scheduling as the board knows I believe at the last meeting we already put someone on September so things are starting to already fill up and there will be two resolutions on the agenda on the 25th okay you're already in possession of one and I'm correcting yeah we're done with the one and yeah thank you

So, okay. Motion and a second to adjourn? So moved. Second. All in favor? Aye. Thank you.

Who's the second?