Planning Board - Regular Meeting

It's uh 7:30. Good evening. I'd like to call to order the March 26, 20126 Oldbridge Township Planning Board. Please rise for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Daniel, could we uh please have a roll call? Mr. Dama, Mr. Lenning is absent. Mr. here. Miss Canon is present. Mr. Rena is absent. Mr. Petty here. Miss Mella here. Mr. McIac. Mr. Brennan here. Mr. Ferrara is absent. And Chairman Lowour here. Okay. We'll have the swearing in of the officers. Thank you. Uh this is for our board professionals. Will you please uh raise your right hand and repeat after me? Do you or not? Repeat after me. Sorry, wrong swearing in. Do you swear or affirm that the testimony you're going to give this evening is the truth, the whole truth, and nothing but the truth?

I do. Thank you. Okay, first order of business minutes of February 26, 2026.

Mr. Dama, yes. Mr. Tamo, yes. Miss Cannon, yes. Mr. Mr. Petty, yes. Miss Mella, yes. Mr. McGisac, yes. Mr. Brennan, yes. And Chairman Lowour, yes. Okay. Uh, next March 12th, 2026, minutes.

Mr. Dama, yes. Mr. Tama, yes. Miss Canon, Mr. Petty, yes. Miss Misella, yes. Mr. McGisac, Mr. Brennan chairman. Yes. Okay. Resolutions. Uh 65-2024P Hook Mountain Associates LLC. Um do I have a motion?

Mr. Dama? Yes. Mr. Tamo? Yes. Miss Canon? Yes. Mr. Petty? Yes. Miss Misella? Yes. Mr. McGisac? Yes. Mr. Brennan? Chairman Low. Yes. Okay. The next resolution 22-2025P Machoponic Estates LLC Brookside Villa uh denial. Uh it's being uh moved.

Yes, that that uh that Mr. Chairman, thank you. That resolution has not been prepared yet. Um we are still uh in discussions and having a meeting with the applicant's attorney and the township attorney uh holding off on preparing that resolution at this time based upon the applicant's request. So that will probably be carried to uh most likely probably not until the May uh meeting, but I will uh advise the board when it's completed. Okay. um up application of 53-2024P HB warehouse LLC major preliminary site plan with a C variance. Good evening.

Good evening, Mr. Chairman. Um I needed help with the color. Dan said if it's green, you're good. If it's red, you're not. I said, well, I'm color blind, so tell me what color it is. So, he just told me I'm good. I'm green right now. Um good evening everybody. Thank you for your time this evening. Thank you for the new location. We know it's it's not that easy logistically to get this accomplished and we do appreciate it. Before you get started, I just want to let you know that uh testimony ends at 10:00 and the meetings adjourned at 10:30. Understood. Okay. And if you could have your uh witnesses, if there's any acronyms that maybe people on the board or people in the audience aren't familiar with, have them uh say what they are. Sir. Okay. Thank you.

Um, so thank you for having us this evening. For the record, Larry Cali on behalf of the applicant. The applicant is HB Warehousing LLC. Um, this evening, Mr. Chairman and members, shortly I'll frame what we hope to do here this evening, what we've already accomplished at the board of adjustment and who you're here from this evening. Uh, but by way of brief introduction, I don't think we're going to be all that lengthy this evening, Mr. Chairman and members, we had the benefit of obtaining a a thorough report from the consolidation of your board professional staff the other day on the 24th. Uh it raises um some nuanced issues that were not part of the prior report and you know the the prudence of the applicant and in the cadence of the applicant thus far has been to be incredibly thorough with reviewing and considering everything. So there are civil engineering items in there that we need to still review and perhaps even discuss with your board professionals offline. So, that being said, the punch line is that you're only going to hear from two witnesses this evening. You're going to hear from our operations witness, Mr. Brian Danah, who's a principal with Stonemont Financial Group, SFG, who's the joint venture partner of the applicant owner entity. Uh, Mr. Dan, he will walk you through what they do by way of warehousing development. They are a very wellrespected longtime operator and developer of warehousing in the Northeast, including in New Jersey. They'll tell you what they hope to do here on this site where the site is already um approvable for a warehouse if you will by way of of the use being permitted in the zone. Uh and we'll go through some highlevel operational issues with Mr. Dan. We expect that to be very limited this evening. Not that much testimony on that since it's a permitted use of the zone, but we'll walk you through what you would see here day overday if this were approved. Then we'll have our project engineer, Mr. Josh Weary. Josh is the scrier of record of these civil plans that are before the board from dynamic engineering. Offer some baseline introduction testimony. We're not going to get that far. Like I said, we'll walk the folks through existing conditions, proposed conditions, what you're going to see by way of the programming on the proposed conditions, and then we'll probably leave it there for the evening and we'll

regroup. Mr. Weir will return at another public hearing. So if cross-examine is deferred for him, that would make sense because he will be coming back to continue testimony at the next public hearing. Whether that be at a special or whether it be at I know June was already assigned for continuation of this matter. Um and then we'll go from there. And then at that point, Mr. Chairman and members, just to give you the full picture of the the application, uh we'll move relatively expeditiously, but we'll answer all your questions. We'll make sure the public uh gets to say their piece and then their inquiries are responded to. But our witness deck thereafter is going to be what you would typically expect to see on a planning board application. Our project architect will testify as to the elevations, the renderings, the limited floor plans. There's not much of a floor plan with the warehouse. Uh we'll have, excuse me, our traffic engineer testify from Dynamic Traffic. We submitted two versions of a traffic impact statement. The most recent one was an updated version submitted with the March resubmission from Dynamic. Um our traffic engineer will testify on a limited basis as to the benefit of the results of that traffic impact statement. uh our project planner will also testify and at that point we'll try and wrap it up. If there are anything open and lingering, we will go through them then with continued witness testimony. But uh we expect to move through this on our end relatively expeditiously and efficiently, Mr. Chairman and members. Um so with that brief introduction to the project, I know the board uh knows this case very well. It's been it's been sitting around for quite a while at the township. Uh for the record, it's 554 Waterworks Road. It's three lots, lots 9, 10, and 11. The lot number designations will be slightly adjusted in light of the recent zoning board of adjustment approval to modify the lot lines. The only thing accomplished there was really to jog lot lines uh and reconcile relics of existing conditions on the property. There was no development as part of that zoning board application that just concluded with an approval in January of this year. Uh it just tweaked the lot lines slightly to adjust them. That preceded this application. Uh we had the benefit of Mr. Sord Dillo and your board planner, your board engineers thoughts

on that that that had to occur first before we could prosecute this site plan case that was prosecuted to conclusion successfully. Right now, it's still lots 9 and 10 uh 9, 10, and 11 until um the plat is filed and it'll be updated. So, we'll just refer to them as the three lots for now, just just for congruity sake. In block 6303, it's about 84 acres, just shy of 84 acres. Uh we're in two zones. There's the SD3 zone. that part of the property is in uh and and we're also in the waterworks 2 redevelopment area. That's lots nine and 10. Most of what we're going to be discussing for purposes of this application is on lot nine. That's going to be the situs of the warehouse that's being proposed. That's going to be where most of our discussion points are. Access will be up through the front lot because lot 9 is effectively a landlocked lot and it'll be an access easement to the street. But just about all the the development that the board will be concerned with at a high level, at a program level, will be on lot n. That's the warehouse just under 520,000 square feet. The height will be compliant at 45 ft. There will be office space within that warehouse. And the end user remains to be determined. There are loading docks, there's drive up ramps, uh there's vehicle parking and trailer parking. But the end users are never really identified for warehousing or for outdoor storage sites until you typically have it approved. So that's the point when that would come into play. Again, before we go to Mr. Danahe as our first of two witnesses tonight, the use is permitted. The redevelopment plan is relatively freshly minted as this board knows. Uh it's a few years old now. That plan would have come here before it was adopted. It would have come to this board for a consistency review after the area was designated an area need of redevelopment by way of non-condemnation. This board would have done a consistency review and a recommendation with a referral back to the governing body. Thereafter, when the redevelopment plan was drafted, that redevelopment plan likewise would have come to this board for a jurisdictional peer review for consistency with the master plan and a recommendation prior to adoption of that RDP, the redevelopment plan back at the governing body again. So, this might feel like

deja vu all over again to a few of the board members because you've sort of seen this in one fashion or another when you saw the designation during the investigation and the redevelopment plan between its first and second reading of adoption. Uh this is the um culmination of that by way of this proposed application within the redevelopment plan area for a use that is permitted. Um all that said, Mr. Chairman, I I think I've said enough and even maybe too much at this point. I will turn it over to our first witness to be sworn and introduced unless you folks have any questions of me, whether you know, procedural, technical, or otherwise.

Thank you, sir. It's got to be green. Perfect for you. Okay. Uh, I'm going to swear you in right now. Could you uh please raise your right hand? Do you swear or affirm the testimony you're going to give this evening? It's the truth, the whole truth, and nothing but the truth. I do. Could you please state and spell your name for the record? It's Brian Danahe. B R I A N D A N A H Y.

Um, so as Larry said, thank you again for having us tonight. We appreciate the opportunity to present. Uh a lot of time and effort has gone into this and um I'm going to start out like Larry mentioned uh just giving a background on Stonemont, who we are as a developer, um how we've gotten to where we are today, our successes within the Northeast, uh specifically in New Jersey, um and primarily in uh industrial development. So once I uh give you background there, I'll I'll then transition into this project specifically um let you guys know a little bit of what we've done from a design standpoint, provide an overview, and then get into operational testimony. Um, so, uh, Somant as a firm is a real estate investment firm based out of Atlanta. We have offices in New Jersey, Mid-Atlantic, Southeast, uh, Florida, the Southwest, uh, and the Midwest. We're national firm. Um, we've built tens of millions of square feet of industrial, uh, product throughout the United States, uh, with a lot of success with several billion in assets under management. Uh, of late, we've had a lot of great experiences in the Northeast. Um, I am a vice president and northeast market officer. Um, so I lead our acquisitions and development for the tri-state tri-state area for Stonemont. Um, with that we have about a dozen developments across Pennsylvania, New Jersey, and New York. Um, those span from central New Jersey to southern New Jersey, northern New Jersey, Staten Island, Long Island, Central PA, and then we have a a new development in Philadelphia that we closed on this week. Um, the reason I give you the background is we've had a lot of great experience and we've established uh a great team of professionals that have been able to help us throughout those developments. Um, in the last few years, we've had a ton of success in New Jersey uh with with developments in Somerset and then most recently um great experience with the redevelopment program with uh the city of Bayic where we built 300,000 square feet. Um we were recognized in the development magazine for our success there from the Brownfield redevelopment standpoint. Um

and so with that we took our momentum here and partnered with um HP Warehousing uh to to put together the plan and the team that we have today. Um so as we've as Larry mentioned our uh team has been working on this for several years. We have put together uh a team of design professionals uh and used our resources to establish our group that uh has that you will hear from later and provide testimony. Um that team uh put our put our plans together. We were deemed complete in March of last year. With that, we've been actively working with your township uh to implement the redevelopment plan that you put in place here. With that, um, we're excited for for our plan that's that's in front of you today as we feel that it meets the intent of the zoning that's been on this property for over 75 years and the redevelopment uh plan is the the guiding principle there. So, we look forward to partnering with your township. Um, so post approval, our our plan is to develop a 520,000t warehouse. Um, with that, we will be building it to the new bulk standard for industrial. The goal in doing so is is providing uh beneficial aesthetics from our warehouse. Um bringing an opportunity for us to as Larry mentioned have a speculative development that brings credit tenants to uh Oldbridge which would provide potential hundreds of jobs. Um with this we uh we expect to have a limited demand and generator of waste and refuge. Um since this is a speculative development we're not entirely sure what the end user is at this point. Um they will comply with all municipal, county, state, and federal regulations applicable to acoustic emission and limitations. Um they would be working up to potentially seven days with continuous hours, potentially three shifts. Um and the approximate number of employees, as I mentioned, is unknown, but we expect that could be up to hundreds based off of uh the interest

that we have thus far. Um due to the way that we've designed this building, we've already received uh requests for information from tenants uh and we expect to potentially have this building pre-leased, which will be great for Oldbridge and also for the project here. Um it'll allow us to then immediately give back to the community here. Um we additionally are planning on building solar on the rooftop of this building. Um, with that obviously there's there's general impacts to the area um that are positive and also potential positive impacts from electricity standpoint as well. Um, outside of this uh you'll hear hear more from our design professionals that will identify more of the specifics on our deal. Um, that cross exam crossexamination uh is welcome and we look forward to all the specifics uh throughout throughout these discussions. Um, we really appreciate your time and consideration tonight. As you'll hear from our design professionals, this project has been well planned, designed. We feel like we are the right team for uh the board to consider from an execution standpoint and we align with the township's goals uh outlined in the redevelopment plan. So, thank you very much.

Brian, just just one question. You know, you mentioned that

Sure. You mentioned, Brian, that um you've approached this as sort of an aligned effort with the township trying to marry up to the redevelopment plan. This wasn't a back of a napkin drawing. This was years in the working and the site's been like this for decades, namely an industrial use on the front end of the site. During the application process, I think that Stonemont and you in fact got on a plane to come up here for what was a gratuitous advanced neighborhood meeting that you offered to the public to meet your immediate neighbors including the residents in the surrounding area. Uh a meeting which you attended in order to explain what your proposal was and to address any concerns that they may have had as well. Is that right?

Yeah, that's correct. So, our goal is again to be to be good members of the community. In doing so, um we heard there was uh potential uh folks that wanted to hear more about our project. And so, we hosted um at the at a local restaurant an opportunity for the public to come speak to us. Um we felt like it was a good opportunity for folks to ask us questions about who we are, about the development, uh any any concerns that may come up uh through through this process. Um, unfortunately we didn't have a ton of turnout there, but we did offer that up in August of this past year. Thank you. Yeah, that's all we have, Mr. Chairman. Mr. Dan, we make him available. Any questions?

We'd make Mr. Dan available to any questions the board members and the public may have at this time. Okay. Um, our professionals, Mr. Oh, Vina, you have I don't have any questions for I don't have any questions either.

Okay. Uh any anybody on the board have a question? Okay. No, see no hands. Uh okay. We're going to open it up to u the ob uh objecting attorney attorneys first.

You could use this one if you need this one. Mr. Chairman, Mr. Sil, all we would ask that is as as you folks know quite well is that whoever um the objecting council does represent is going to be precluded from asking direct questions of cross-examination of our witnesses and offering sworn statements. So, we will need a list of the folks that are represented by council um from the onset. Yeah. Yes, Mr. Chairman. Um uh Miss um and I apologize. I might if I say your name wrong. Schwendorf. Shoendorf. Shoondorf. Thank you. Sorry. Uh did provide me with a list and I will share that with opposing council as well. Thank you. Okay.

If you don't mind now, I'm just going to sit. Um Good evening, Mr. Chairman and members of the board. Uh my name is Priscilla Shoendorf of Showdendorf Law and I appear on behalf of my clients Anan Meta of 61 Dalia Lane of Oldbridge, New Jersey. Uh Venata Dara 41 Dalia Lane, Oldbridge, New Jersey, and Vidit uh Jean of 29 uh Gazania Drive of Oldbridge. Um, at the outset and purely for purposes of preserving the record, I would like to briefly place an objection um, as to our request to secure an adjournment for today's hearing and address the procedural posture of this matter. My clients have been attentive to this application for some time and began seeking legal p uh representation as early as December of 2025, particularly after the applicant was granted an emergent adjourment, at which point it became apparent that formal opposition and potentially opposing expert review may be necessary. For this March 26, 20 26 hearing, I was only formally engaged on March 22nd, 2026. The following day, March 2023, uh, 2026, I submitted a request for a brief adjournment so that I could conduct a meaningful review of the application materials, uh, prepare an informed response and evaluate whether retention of appropriate experts would be warranted. I understand that the township advised that the applicant's consent was required for such an adjournment, and the request was thereafter deferred to the applicant. An adjournment and consent were not provided. Um, as a result, my clients and I have uh had only three days to prepare for a matter of the scale and complexity. I raised this not to assign fault, but simply to ensure that the record accurately reflects the limited time frame available for review and preparation, particularly where issues presented involve technical disciplines and potential long-term impacts upon approximately close interested parties.

With that said, I appreciate a the board's time and attention this evening and I will proceed in a uh focused and respectful manner to assist the board in consideration of the application. Um I do not have any questions for this particular witness at this time. Thank you. Thank you. Okay. Um we're going to open up to the public. Uh and and you have approximately three three minutes to use up and try to keep it at questions of this witness. Go ahead.

Yes, Mr. Chairman. Just to make sure we keep an orderly and um uh and proceed as required by law. This portion is not for general comment. You will have an opportunity to provide general comment uh on the application, provide your own testimony, your own information, documentation, all of that. But that is not at this point. At this point in the application, it's just questions and it's only questions from this witness and based on their testimony. You'll have opportunities to question all of the witnesses throughout this whole process. But right now, I just want to make sure we're all clear on the process. Right now, it's just questions on this witness and this uh the testimony they gave this evening. Good evening. is just for because we have a uh a recordke keeper here taking a transcript. If you could please just as I asked the witnesses do, if you could please state and spell your name just to give make it a little bit easier for the transcriber. Thank you.

My name is Hardikbot. H A R D I K. Last name B H A T element 45 Dalia Lane. Uh the applicant mentioned that uh they had provided us an opportunity to meet with them uh at a restaurant. How was that communicated? because uh I wasn't aware that there was any meeting of any kind uh scheduled or um you know requested. Yeah. Yeah. We we mailed it regular mail to every single person within the proximity. Do you know the exact proximity of

It would have been the 200T radius list propounded by the assessor that would have been utilized for this initial gratuitous meeting. Not the public hearing notice, but it was the assessor's list of everybody within 200 feet of the property. They received a letter invited to a meeting with Mr. Dan and company to discuss the project and I believe nobody attended. Is that right, Brian? Yeah, nobody attended. Okay. Uh I would put like to put it on record that uh I am one of those people that are within the 200 uh ft notice and I I can attest to the fact that I never received such a letter. Thank you.

Thank you. Um next My name is Bina Baar. B I N A Bossar. B H A V S A R. I live at 25 Gazania Drive. Uh we did receive the notice but it was a one week late. By the time letter came, it was the the date has already passed and I I believe some of our neighbors had the same thing that this the letter was not received in time for us to attend the meeting. So we weren't given any opportunity to ask questions at that time and that is the reason no one attended because letter did not we did not get the letter.

That's it. Okay. Thank you. While we await the next person to come up, Mr. Chairman, I'll just say that we've got an open door policy in my office. We always have my name, my address, my phone number, my email. Everything but my blood type is on my actual legal notice. Members of the public can call me anytime they would like. We can certainly put them in touch with ownership at Stonemont. We haven't heard any questions or comments. All we've heard was, you know, folks looking to be intent upon this project not happening at all. But if they want to have a meaningful conversation, our doors are always open for off-record dialogue with members of the public. If they're represented by council, we would work through council. But otherwise, you know, that offer remains and stands. if they have questions uh any want to raise any issues. So,

okay. Thank you. U any other hands to go ahead.

Hi everyone. My name is My name is Sean. I'm so sorry. There you go.

Thanks. Hi everyone. My name is Sean spelled S E an. Um, first I'd like to apologize for my appearance. Um, these kind of meetings seems to get postponed quite often. So, and I just came from a workout, but to our witnesses, you guys look very sharp in your suits. Um, so just a simple question, a hypothetical question, uh, for witnesses, how would it feel if, um, you know, right in your backyard, there's a hypothetically speaking, um, 24-hour, uh, operations, logistical operations. So that means like workers, uh, trucks, heavy equipment operating all the time. How does that make you feel?

Can we get a full name for for Sean here and an address for the record, please? Sure. We don't we don't ask addresses anymore. Daniel's Law, everything. Most of my towns, we don't ask specific addresses, but full name. Yes. Yeah, I could give my full name. Sean Kim. Thank you. Can we ask for a number of residents in municipality? Yeah, you can ask that question. I'm just curious. Yeah, we just don't because of Daniel's law, we don't know who if they're part of it. We just avoid all addresses altogether. That's fine.

Oh, yeah. I'm absolutely a resident of this town. So, so I can't speak on your behalf. Um, what I can say is Vina presented a really really beneficial uh slide and presentation at the zoning board. It illustrated the history of this property. Um, and it's been zoned industrial, I think Vina, correct me if I'm wrong, 75 years. Um, and so when the residents were built behind, it actually required a variance for those residents to be able to pull permits to to change out their decks or to do any modifications because this is an industrial area. So you guys asking these questions aren't necessarily applicable because as zone industrial your township is telling you through the redevelopment plan that that's what they intend on having here and that's the intended use and we are simply building a building per that intended use.

I'm sorry my question was simply your opinion if this was built in your backyard. That was my opinion. Thank you. Very interesting. Okay. Thank you. Uh any other speakers? Okay, I close the public session. You get your next witness. Thank you, Mr. Chairman. Josh, our project. Good evening, everybody. All right. Would you please raise your right hand? Do you swear or affirm the testimony you're going to give this evening is the truth, the whole truth, and nothing but the truth? I do. Thank you. Please state and spell your name for the record.

So, my name is Joshua Weary. Last name W I R Y.

Josh, for the record, you the benefit of your qualifications, background, and licensing if you would. Sure, no problem. So, I'm a licensed professional engineer in the state of New Jersey. I graduated from New Jersey Institute of Technology with a bachelor's of science and civil engineering. I'm a principal at Dynamic Engineering located in Chester, New Jersey. Testified before various sports throughout New Jersey, including the Oldbridge ZBA. I have over 10 years of design experience. You're accepted. Thank you, sir. So, Josh, um I'm always screaming, so thank you.

All right. Um Josh, we're going to be relatively limited this evening with your direct as I indicated to the board during my profer. We've got the benefit of of an extensive board report. We want to work through it cohesively and and with the board professionals. Uh we know we can uh that's not going to happen um uh this evening on the battlefield, so to speak. So what we will do this evening is going to be relatively limited. I think you're going to show u and orient the board with existing conditions on the property which have been there um since uh you know decades ago as Mr. Dan he even alluded to during his direct testimony. And then at a high level the proposed conditions and I think Mr. Chairman and members, we're going to introduce two exhibits this evening. Um, both of which we advanced already in PDF. We will mark them this evening when we get to them. We'll pass around handouts of those are these. And we're going to pass around the exhibits to two simple sheets existing and proposed. It's really a site plan rendering just to orient the board with the site plan detail and color. Mr. Wear will walk you folks all through that right now. Uh, and then we'll turn it back over to Josh.

And what are we going to be marking these as? Uh exhibit A1 will be an aerial prepared by dynamic engineering. Yeah. So our first exhibit's entitled aerial map exhibit um which Mr. Kelly mentioned we can mark as A1 for the record is dated with today's date March 26 2026 at a scale of 1 in equals 200 ft and north is to the top right corner of the page. And can we also just make sure the objective string is so you copy these and the the other exhibit will be A2. And which one was that? Might as well just mark them now.

Sure, no problem. So the next one is uh entitled uh overall uh site plan rendering which we can mark as A2 for the record. Uh again dated with today's date March 26, 2026 at a scale of 1 in equals 100 ft. And again north is to the top right corner of the page. So, if everyone has uh a copy of the exhibit, we can get going with A1. So, this is an aerial image of the surrounding area with the properties outlined in yellow. And the site is located along Waterworks Road as depicted at the top of the exhibit. And the property consists of three lots uh within block 6303. So starting with the proposed lot 10.11, it's approximately 24.13 acres again located along Waterworks Road and it contains the remains of the former CPS chemical facility which is a designated super fund site and as such the property is currently undergoing remediation efforts by the EPA uh who formalized their cleanup plan back in September of 2019. Wet wetlands are also present in the eastern undeveloped portions of the property and the tenant Brooks tributary which is um that highlighted blue line uh runs along the southern property line and continues through the adjacent lot 11.11 to the west. So this specific property is located within the waterworks road 2 redevelopment area that was adopted back in June of 2023. Moving down on the exhibit, we'll go to uh proposed lot 9.11, which is approximately 43.54 acres. This is the largest of the three lots to the south,

and the lot is primarily wooded, as you can see, and includes a wetlands area in the southwest corner of the property. Um, this property is also located within the Waterworks Road 2 redevelopment area. And this serves as the primary location for the proposed warehouse facility uh that Mr. Kelly mentioned early earlier. And then lastly, we'll move on to lot 11.11. This property is approximately 15.74 acres. again located along Waterworks Road and includes the Oldbridge Minerals facility that is also included in a super fun site and has ongoing remediation uh of the property to remove soil contamination. Lot 11.11 is located within the special development 3 or the SD3 zone and wanted to clarify that no site improvements or expansions are proposed for the existing Oldbridge uh minerals facility. However, there is a portion of proposed access um to be utilized by the warehouse facility that will extend onto their property via a proposed easement. So overall for and for reference the entire site including all three properties um is approximately 83.41 41 acres. And as for topography, lot 10.11 uh is relatively flat and ultimately drains south towards the Tenibro tributary. Uh whereas lot 9.11 in the rear generally slopes down from east downward to west uh towards the existing wetlands in that southwest corner. And just for reference, um there's approximately 20 feet of great differential across that site. And then lastly, uh, as for surrounding uses, uh, to the north and northeast, as you can see, are mostly industrial and

commercial uses along Waterworks Road. To the west is the Perth Amboy uh, Runion Watershed. And then to the south and the southeast are the uh, residential dwellings. Mr. Kelly, I believe that wraps up my overview of the uh, existing conditions and the uh, zoning for the properties. want to go over two. We're going to continue. Mr. Chairman, I I don't know what the the the preference of the board will be, but since Mr. Weary will certainly be returning, we're going to go over, like we said, high level of the programming of the site plan conditions. Now, much of that touches on report items, but at a high level, we want to orient the board with the layout of the structure, show you the loop, show you the circulation plan, where we're parking trailers, where we're parking cars, the structure, the access in and out on that secondary exhibit that was passed out that we marked as A2. Um, I don't know if the board's pleasure will be to defer cross-examination at that point since we will be coming back, Mr. Weary, but we do now intend to go into the territory of the proposed conditions, Mr. Sordillo. So, whatever your preference is. Well, I I think it makes more sense because of the fact that while you might be testimony to certain site plan layouts, certain things at this point after your meeting and and further review of the planning board's uh professionals reports that may somewhat alter change. We don't know at this point. So, we might I think uh after discussion with the chairman, I think it's the the board's preference that we would have cross-examination after the conclusion of the testimony because that would make more sense rather than have cross-examination on items that may change or might not be the final product. So, I think that's what the intention of the board, Mr. Chairman, correct me if I'm wrong, is is that we would have allow you to continue to do testimony of your engineer, but knowing he will be returning, he will be continuing his testimony and supplementing or altering anything they might be saying today based on the meetings with the board's professionals.

And then when his his conclusion is at the next hearing, then that will be open to the cross-examination from the objectors attorneys and anyone from the public as well uh to all of his testimony. Yeah, I think that makes the most sense. I don't want to presume absent Mr. Weary hitting the power bowl of the Megaillions. I think you'll see him back at the next meeting, Mr. Chairman. So, the odds are pretty good you're going to see him again.

Okay. So, um we can move on to the exhibit A2 for the record uh and give the board and u the public a highle summary and overview of the development as it stands today. Um, so this exhibit that's up on the screen here is a rendered version of the site plan that was submitted and the applicant proposes to construct a 518,542 ft warehouse facility which is a permitted use within the redevelopment plan. And the building is depicted as the orange rectangle on the exhibit you see. Um, the building also includes approximately 19,286 square feet of office space which will be located on the south side of the building or the bottom side of the page. And the building is orientated so that the proposed loading docks are located on along the north side of the building. And that was done purposely so that the loading operations are one located away from the parking areas but also located away from the uh residents uh to the south of the property. The building area will comply with the township's foyer ratio requirements whereas 0.3 is permitted and 0.273 is proposed and the building height as Mr. Kelly mentioned complies with the maximum building height requirement. uh whereas 45 feet is uh feet is permitted and 45 feet is proposed. And uh to give a a brief summary as to access and circulation, we are proposing a new full moon driveway uh along Waterworks Road which will be utilized by passenger cars as well as trucks uh to access the warehouse facility. and a 35- ft wide access will be provided through lot

10.11 uh via a proposed easement. Now, as you move into the warehouse facility, we are proposing 40 foot wide access aisles for two-way movements to allow trucks to access the loading areas along the north side of the building. And a 30 foot wide loop road is proposed around all sides of the building to allow passenger vehicles to access the parking areas along the south side of the building and um to allow for full circulation around the site. And I wanted to point out that the access road was reduced from 40 feet to 30 feet in those areas um as trucks are not intended to circulate around the south side of the building. Um, but they do have the ability to do so if they were to make a wrong turn. Um, sticking with the southern parking area, we are proposing 24 foot wide drive valves uh for two-way movements and that parking area includes 379 uh physical parking spaces which complies with the redevelopment plan whereas a minimum of 260 spaces are required and 519 spaces are permitted. Um so so we are actually 140 spaces less than that maximum threshold. The parking area also includes nine ADA spaces as well as 18 make ready EV charging spaces and the building also includes 86 loading docks as well as two drive-in ramps located along the north side of the building or on the top the top side of the page. um that will also comply with the redevelopment plan whereas a minimum of 17 loading spaces are required and a maximum of 130 loading spaces are permitted. So we are actually 44 spaces less than uh that maximum threshold.

The proposed loading spaces will be 13 ft wide and 60 ft in length which uh complies with the township's requirements as well as industry standards. And then just north of the loading docks, we are proposing 57 uh trailer storage spaces which will not be utilized for loading and unloading. Um they're just simply utilized for trailer storage. And uh Mr. Cali, again, this is a highle summary and overview of the proposed development. Our office did just receive the uh township's uh professionals review memo, which we're working with the applicant to review in detail. And again, before we get into the details of our design, we plan to address and respond to those items ahead of the next uh scheduled meeting.

Mr. Chairman, members, that that's effectively all we have this evening. You know, we wish we could present more given the benefit of the two hours to go and the fact that we've been lying in wait for quite some time to start prosecuting this case. As your professional staff know, I email them almost daily. I think we're all going to have Thanksgiving dinner together next year. I mean, it's non-stop. We want to get in this room. We want to prosecute this case before this board. But the applicant is not bullish. The applicant is a very savvy uh developer and operator of these facilities. They want to work with the township. You know, a true testament to the fact that we're within the redevelopment plan area. We are a conforming site plan. The deviations are hyper technical. We see a staff report that we want to re review, prudently respond to, and thoroughly respond to. So, at this point, we don't think it's really wise to continue with our witness deck this evening. Although we certainly could have kept barreling forward with other witnesses um and table Mr. Weary for now, we think at this time it's sort of a natural concluding point for this evening. We do think that we can conclude our direct case and chief at the next public meeting given the limited witnesses that we intend to present. Um our planning proofs are going to be relatively limited. That should be limited testimony. Traffic might be pretty limited. It's a permitted use, so traffic has already been factored in theoretically to the redevelopment plan. So that should just be the belt and suspenders with our witness. Mr. Weary will continue. Hopefully, a lot of the items of the staff report have been reconciled by then. And with the architecture, I think you see you're going to see a nice structure. You're not going to see the box of the 1960s and 70s warehouse. It's a very nice, well articulated structure. I think you're going to be impressed with what you see from our project architect. We're going to try to keep it moving as efficiently as we can, Mr. Chairman and members. We think we could do that at the next meeting. We are still hopeful that there might be a chance for a special between now and the end of June. I will work with the staff on whether or not there are dates that the board members would be ready, willing, and able to hear the case and whether or not there's venue space available, but um that will still be a request likely of the applicant to try and proceed at a special between now and the next meeting.

Mr. May, Mr. Um, so, uh, if I'm correct, the next meeting that this is scheduled for, if there is no special meeting, is the June 25th, 2026 meeting. Uh, is that planning be here again or is that going to be at the um,

okay, I just because I want to make the announcement to the public. That's why I wanted to make sure. So, the the intention at this point is that the meeting is going to be in this room. So for all the members of the public and objector's attorney, uh please be advised that the applicant is uh is concluding his testimony at this time. It's not complete. So you will have an opportunity to fully question this witness. Everyone will have their opportunity to provide cross uh cross-examination and questions of the witness. Uh it's just we're going to wait until his testimony is completed. As you heard, there really wasn't much of a testimony uh from the engineer this evening. It really was just topline looking at at what was uh is being proposed. but they have to uh look at the board's professionals report and address those concerns. So, what you're going to see in testimony will be the final version that you'll really want to question and and get your comments to. Please note that if there is any material uh changes to the plans, they will be submitted at least 10 days prior to the hearing so that you'll have an opportunity to review those as well. Uh and I the applicant has been very uh working with the the board. So, if we can get them earlier, we'll provide them earlier. Uh but that's the minimum is the 10 10 days prior. So, you will have an opportunity to review if there are any any material changes, but I just wanted to make sure that everyone here is aware that you will you're not being ignored. You will have your opportunity to question this witness. It's just going to be when they complete. And right now, you're all being put put on notice and anyone watching that that hearing is going to be for continuing on June 25th, 2026, 7:30 in this room. There'll be no further um notice provided. If there is a special meeting that does get scheduled, it works out that we will proceed on a different date. You will be provided the 200 foot notice. There will be new notices posted in the newspaper. That is required by law. So, if there is a new date, you know, the the the that the special meeting, you'll get notice. There'll be the required notice that the board has to put forward for a special meeting and you'll have the uh spec specific land use notice as provided by the applicant as well. But if you don't receive new

notice and please feel free to reach out to the burrow uh excuse me the borrow the board at any time to just confirm at any you know that it hasn't been changed but if you don't get notice this hearing is going to be continue on June 25th 2026 7:30 in this room without further notice. Thank you.

Just want to thank you again folks for your time this evening. Your professional staff has been fantastic to work with. We really appreciate their effort and I was gonna apologize for talking fast, but I think Joe beat me. So, if if anything, yeah, I gotta step my game up, Joe. That was good. Um, at any rate, we thank you folks for your time. We look forward to continuing this and and hopefully concluding at the next public meeting, whether it be a special or the June hearing, Mr. Chairman, members. Great. We'll see you June 25th. Thank you, sir. Thank you. Okay. Uh, now we're going to open it up to uh general public comments. but not about this application.

It's just if there's any general comments that the anyone in the public has relating to anything under the planning board's jurisdiction, we have a general public comment period at the end, but it can't be regarding a specific application. That is during the special public comment period that you'll be provided during this hearing at June on June, excuse me, at the June date. Okay. Yes sir. Hi, my name is Ankit Bodhi and uh I don't have a question regarding this application but I have a question regarding the planning body and the engineering team. One second.

Is there any way they can include us like you know in this collaboration and we can ask them a question directly instead of waiting for the like you know general public comment. uh as a community we have been trying to reach out to you for a long period to you know set up a quick call or set up a meeting uh just to go over the like you know some our pinpoints uh and we you know we got a like a negative feedback so just want to hear it out like you know if you can you know involve us in this uh conversation. So, uh I know the administration was trying to uh schedule a meeting with myself uh the uh council chairman, the business administrator. Um there were some hiccups because of vacations and um emergencies. So, I'm going to pursue that because I did follow up this morning with the administration to see where we were. Uh because I'll be happy to answer any questions which the residents may have at that point. But I have to go through the administration. and I'll reach out to them again because um the township attorney was also going to be a part of the meeting um and uh our schedules have been a little off but I'm pretty certain before the next public hearing you'll have a chance to speak.

Uh thank you so much. I understand everyone is busy as you as we are also busy and we have been trying to do this communication since last 3 months. So I hope we can you know do it sooner. And in the interim uh I know uh Mr. Cali said that the applicant had tried to reach out to the residents and I know there was a meeting scheduled. I heard about it but uh I also heard there was no show. So I would just recommend since we have 2 3 months before the uh next hearing maybe you reach out to the residents one more time to see if they have any direct questions that you want to answer.

They can reach out to my office at any time. Now we only have a questions for the planning board. Now we don't want to reach out to them. Sure. So again I mean just to give you the answer like you know there are 40 approximately 40 residents in that 200 ft radius and none of them received the you know any uh invite in a timely manner. So that this is the one reason we don't want to reach out to them but I hope we can you know set up some communication uh sooner for like you know our uh community discussion. Thank you. Oh, go ahead.

Are you Hardikbot? H A R D I K B H A DT. Um, I have a question regarding the application process that the board follows. If an application has been deemed complete at a particular date and um the applicant continues to resubmit and re-update their uh plans, how can that application be considered complete?

Mr. Chairman, if I can answer that. The completeness review is making sure that they meet all of the checklist that's part of the application process. If you go online in the township ordinances, there's a checklist for in connection with the certain applications uh that have to meet. What happens is when you when the applicant submits an application, the uh boards administratively through the planning department reviews that application and will go back and say you're missing this item, you're missing that item, you're missing this item. If they um then come in and prov you can either provide it or they can ask a waiver and then if they have ask a waiver meaning can I not have to produce that document and this is the reason why then it's up to administration to say yes we agree for this application you don't need to submit this document or that document for because of the reasons that you you've uh um you know requested or put forth at that point if they met all of the checklists and been granting a waiver for all the items that aren't on the checklist, they're deemed complete. Now, that doesn't mean that during the process after it's deemed complete and when they start receiving boards reports and and township reports and reviewing it or, you know, hearing even starting applications and starting hearing them before the planning board that they may get feedback where they say or even a lot of times it even comes from the residents. They get feedback in here uh that oh well, you know, this is the residents don't like this. The neighboring property owners would prefer if you moved a retaining wall or you added some additional landscaping. So what would happen is the the applicant when you have a good applicant who's listening to the public and listening to the board, they'll revise those plans and then they'll come back before the board with the revised plans that have those changes and then at that point by law they have to submit them to the board at least 10 days before so that we can give them out to the public and the public can be able to see them before the next hearing. Um and then they present they proceed on their amended uh you know plans. So that's why even though it's deemed complete, sometimes they do change and modify some of the submissions because either it's at the

direction of the board's professionals at directions of the planning board or maybe even just listening to some of the public comments and questions that come in because I can say just recently we approved an application within uh probably three or four months from now that they made the applicant made substantial changes to their application based upon concerns that they heard and met with the residents. So it does happen. Not saying that this one will or anything else will change because we can't talk about a specific application, but in general it does happen and that's why those things change. You're welcome. Okay, let's see. Go ahead.

Hello. Good evening. My name is Pedro Maral. Uh P E D R O last name A M A R A L. Uh just a general question for the board. Uh I don't know if this applies to this board, but how in this township can we guarantee that if there's a construction near the super uh super fund, there are no contaminants in the air that could affect uh residents living nearby. When we review the application, we do ask those questions to the applicant and it's the ownus is on the applicant to testify and provide that information to not only just us but the board and you will hear it.

And in general when uh you have a super fun site or any kind of cleanup even it's not a super fun site um the party that's responsible for the that uh cleanup or remediation is required to actually notice the township. So there there's notices for that stuff that are on the record and they also notify property owners uh within the area. Now in this in certain cases, you know, a subdivision is actually built adjacent to to to a super fund site. That developer also prepares environmental studies which are submitted to the board uh for review. They get reviewed by the board's professionals and they're also uh a a separate process where they hire environmental professionals who are licensed to do the remediation and there are reporting requirements for those professionals as well. And all these things require noticing uh to the township and to adjoining uh properties and those notices are kept on file. So if you ever have questions about that kind of stuff, you can contact the township uh clerk's office and they have notices for those kind of things on file as well. Also just like um we are responsible for zoning or development applications that occur in the town right when there is a super fun site uh typically it used to be NDP but now with this site EPA is involved so they are the ones who are actually it's an agency that is monitoring it and reviewing it and will come up with a remediation uh process and strategies as well. So when they make a decision, there was a public hearing I believe that was conducted by EPA in 2018 to inform the public about what's going on with the super fund site and from what I understand by the end of the year they

will be coming up with their final decision on what actually are the strategies for remediating that area. I know there have been monitoring wells that they have been monitoring as well because this super fund site I think was first um noted almost like 35 years ago and at that time it was D who was involved NJT later on it was taken up in the 1990s by EPA so there has been extensive research and extensive work um if you go to EPA's site You will be able to see a lot of material on the CPSMadison super fund site as well.

One last thing I I know you're going to ask a question when when a development because a lot of those timelines you're you know you hear from the 80s and 90s and 2018 uh and then you know you have a a subdivision that's built uh you know five four or five years ago. uh when a subdivision is built adjacent to a a even whether it's a super fund site, super fund sites are administered by the EPA or it's a remediation site which in New Jersey would be administered by a licensed site remediation professional under D supervision. Regardless of that, when when there's a remediation site adjacent to a development, the uh as part of the planning board process, this board and every board in in in state requires that that developer for residential developments. Usually those we we require that developer to do a point of sale disclosure that that actually provides some disclosure to their buyers about existence of of off-site uh conditions. So that that's usually how the the notification process works. The the actual anybody that's interested in buying a property usually contacts, you know, the record keeper for the township, which would be the clerk to find out about that area and then also once they get engaged by the by the seller of of a a property, uh that you know developer also has a point of sale disclosure that they that they uh uh give to the the buyers as well.

Okay. Thank you. But a follow-up question. Um, so it's fine that the buyer is probably aware of a super fund nearby, but if there's any construction happening adjacent to the super fund, right, that that's work that is going on that might release some contaminants in there that might might affect what is already there. different that it's super fun that it's stale, no one is touching it or the adjacent properties. But when there's active construction, there might be some some implications, right? Is there any active testing that we will guarantee that when we are building it doesn't it doesn't contaminate uh or or releases some agents in the air that could affect residents nearby. That was my question.

Yes. So we we can't speak about specific applications. So I'll speak in general terms. Uh and generally speaking uh if there is that kind of a concern again the the that application uh has uh environmental studies that they do uh a uh preliminary site assessment uh testing that has to get done and environmental impact statements that they have to prepare for for for largescale applications. And those studies usually reveal what the impacts of that development are going to be on let's say if there's a a remediation property nearby. And if that's the case then then there's you know measures that are put in place uh engineering controls that are put in place to protect that uh that cleanup site and and that also gets done under the supervision of a licensed site remediation professional or or whoever the person is that's in charge of that remediation site. So uh you know if work is getting done adjacent to a cleanup site there is there's necessary there has to be necessary communication between uh those parties to ensure that uh you don't have an adverse impact on on that cleanup site.

Okay. Thank you. You're welcome. There you go. See, no more hands. I closed the public session. Oh. Oh, sorry. You were hidden.

I'm behind this structure. How are you? Um, I just had a quick a quick question. Um, uh, my name is Thiara. I'm a special education teacher and an administrative assistant um at my local district. I've worked with a variety of population of children and adults over the past 18 years uh with special needs. A lot of people in our community, children, adults, babies, they have challenges with loud noise, exposure, sensitivities to particular smells, physical reactions to changes in the environment that pose an extreme health and overall well-being risk. A lot of us moved to because it's a beautiful township that offers a little country-esque life. And speaking in no particular application, we just want to know collectively why was a residential zone approved upon industrial land when the intent was to expand further and why are we all put in this position to now figure out where we're going to exist and live?

That's a good question. Thank you. Yeah. Uh I mean I don't know if this bo this body the planning board really has the ability to answer that because this body doesn't establish zones. I mean we review for consistency when a zoning ordinance gets adopted or redevelopment plan gets adopted or presented. This body reviews it for consistency with the master plan but this body isn't the one that adopts that or establishes those zones. So uh I don't think this is the the body that can really answer that question. uh though reaching out to administration um that might be a better you know and and attending that type of meeting might be a place where you can get that answer a little bit better. Thank you. And we will uh we had reached out and spoke to the zoning board and they said to ask you guys so we'll reach out to administration.

Yeah, it wouldn't be the definitely would be the zoning board. This is a closer to be able to answer but it's still not the right. Yeah. Okay. Thank you.

Okay. Step up. Hi, good evening. Um, just a a quick question. Um, if you if you zoom out quickly on Google Maps of the area, um, it seems like Old Bridge is getting very uh, warehouse happy in the sense um, if you go down nine, just a little bit further past Jake Brown Road, there's a warehouse back there. There's one diagonal to Shopright and Target and all those things across nine. Now, there's a huge development right across from Ballfields where all the kids are going to be playing right off Schulmeister Road, right? Is that going to be a warehouse, too? We're not sure what that's going to be. I don't think anybody's really been told. We I I don't know if anybody knows. It just looks like there's a lot going on there. And now they're going to be putting one back there. It just seems like there's a lot a lot happening around a residential neighborhood that was approved. And it seems like that was approved prior to uh the residential neighborhood. So I just need some clarity of what's going on here. You know, are we getting are we just looking for,

you know, is it is it more tax income? Like what are we trying to do? This the site adjacent to the ball field is u a strip mall along Route 9 and a Toyota dealership. Okay. That's that's why you see a lot of uh work out there that Okay. And and just to reiterate, there are two other warehouses in in the neighborhood already, and it just seems like, you know, we find a space, we put a warehouse there.

Well, once again, this body doesn't set the the policies or the zoning. We just in we hear applications that are subject to the zoning. Um, but some of the points you're raising are appropriate when we get back before the public hearing on that application because you're kind of teetering on that, but I think the points you're trying to make will be better served when we hear the public comments on that application because I think that's something that the borrow board will be able to hear at that point.

I understand. Yeah. We're just, you know, we want to know what's going on. It seems like every time we get pushed and pushed and pushed, uh, zoning, you know, throws us this way and this is getting pushed. We all came here prepared to speak tonight and now it's not happening. So, everybody's a little frustrated. We just kind of want to, you know, get our gripes out. Hey, this is our backyard. I'm sure if it was your backyard, you'd be right here with us, right? So, we help. Good. Thank you.

Hi. Good evening.

Hi. This is really tall. So, this is like my second time to attend the meeting. The first was a zoning and now it's a planning. Whenever we ask, we're always told, "Oh, your question is meant for the planning board." And then now when we ask we're told that the question is meant for like another department. So before that I decided to just like go on the website and check and it says here the old bridge township planning board's primary responsibility is to guide and regulate land use and development in a way that protects the public health, safety and general welfare of its residents. And this includes assessing things like traffic impact, environmental concerns, drainage, and neighborhood compatibility. Given that over 250 residents, us have expressed concern about the warehouse impact on our lives, traffic safety, and equality of our life and health. And plus, even the property um rates would even go down. I I don't want to interrupt you, but you you're talking about this specific application. These are that not that not what your comment is very important and I think that you need to make it to the board, but

Okay. So, here's my question. How does the board reconcile approving the application and its obligation to protect the public's health, safety, and welfare? And how can we be assured that you have our best interests as our planning board? Well, that's what this board's body, this board does is look at each individual application. Not this, we're not talking about any specific, but every application across this board, we look at that in con in conjunction with the board, the the township's ordinances. So, there are well, what you read is 100% correct, but it's within limitations, and limitations are what the township ordinances say. So if a township ordinance says that it can be developed a certain way, this board cannot deny that unless there's another reason to do so. It must violate a different meaning they need a variance. They need some other uh exception to the rules. If they're compliant with the follow all of the rules, the board can't just simply deny it because the neighbors don't want it on any application because if they do so, it will go to the court and the court will just overrule the board.

But then that goes against the very reason why the board exists. No, the board exists to enforce the township's ordinances while taking into account. It still has to operate within the boundary of the law and the township's ordinances are applicable law for the township. So, we can't we can't just require something that the ordinances don't require. So, we are limited in that area. But, if they're asking for just so you can wear if any applicant is asking for exceptions, meaning variance relief, then this board can say, "Well, wait a second. If you're looking to get an exception from what the ordinances require, well, now we don't like what you're doing here, you have to change it. We don't like what you do and have here. We to change it or potentially deny the application altogether. So, it's just a matter of whether or not they're looking for exceptions, which certain applications are, and we can't talk about specific applications right now, but as you might notice, most of these applications do come with the variance. And that's what gives this board's discretion. We just want to make sure that you also think about our best interests human level, you know, doing what is right. Lives versus lives over profit. That's all. Thank you.

Thank you. Yes sir.

Hi, my name is Vijay Rajan. Um, I just have a question for the board. Um we know this application and many other applications these auto warehouse companies they have deep pockets. Uh they can they keep asking us to come back again and again and how many times are we going to keep postponing or giving them to time to come back because as us as residents uh there's few of us being represented by attorney we don't have those deep pockets. So we'd like to know understand from the planning board what's the limit that they have in terms of requesting to keep moving to meetings. Uh there there is technically no limit. There are land use applications that I've been involved with that that span over years and you know 12 15 hearings. Uh so there just legally there's no limit. Uh, this board has been very adamant of moving applications, making sure they're succinct, making sure they're presented well well. We the the administration and and the board's professionals vet these applications extensively before they even make their applications. So, we try our best to avoid these type of things, but ultimately it's the applicant's application, not the boards, not the publics, the applicants. So if they feel that if they make notice and say we're going to have a meeting this date and they don't feel they're ready, they have the right to say we want to adjourn it. We want to put it off to another date because we want to come back. Now they might not have the date they want as per as you could hear hear from some applicants. They're asking for special meetings. We can't accommodate them. The the only availability of the board is months away. But that's if they're going to ask for an adjournment, that's what they have to deal with. But they have the rights their application. It's not, you know, uh, the only obligation to the board is that we have to act in a minimum amount of time unless the applicant agrees. If the applicant doesn't agree and the board doesn't hear

the application before those deadlines, which are depending on the type of application, you're talking 90 days, 100, you know, whatever it may be, um, then it's I used up all the batteries. Sorry, I talked too much. No, but I want to answer your questions. So, um, so there are are time limitations, but those are really placed on the board, not the applicant. If the applicant keeps on asking for adjournments and consenting to a consent, you know, then then um then they allowed to do so. There are limited circumstances where by law we can say, you know, you're not prosecuting the application, meaning they're just adjourning it and they're not prosecuting. And then at that point, the board can say either you have to proceed or it's going to be deemed denied and that you'd have to refile your application, refile your fees if you ever want to proceed again. uh those are usually those are denied without prejudice meaning they can apply again uh by law we can do that at some point but they have to be reached the point that they're actually not prosecuting if they're meeting with professionals if they're making revisions they're trying to adjust their application to meet the concerns by the board then then they have the ability to keep doing that and it's an unfortunate for objectors because I can tell you as an attorney land use attorney I represented applicants I represent boards and I've represented objectors and I've been all over and I understand the different uh phone. Here we go. Uh the different ad, you know, viewpoints of it and I can see how it could be frustrated. But unfortunately, we still have to operate because whether this board grants or denies an application, it has to follow the law to be able to make sure that approval or denial is upheld by a court or any appeal.

So, one follow-up question to that. Um so, you mentioned that the applicant has the opportunity to adjourn or like move a meeting. So if that's the case, uh the attorney here who's representing some other residents requested the same. Why was that denied? Because it's like I said, it's the applicant's application, not not the um not the objectors or the public, it's the or the boards, it's the applicant. So they have the control over the application subject to the boards. Now I've as a board at like I said, I've been all over. We try to accommodate uh you know requests from objectors attorneys as well. uh in this instance it just we could you know as you can see a lot of time and effort was made to put into this room uh there's a lot of money that was spent on the applicant side and as well so we couldn't just uh do it without the applicant's consent on this particular instance I have as a board attorney representing the board which is representing the public if it is reasonable and the applicant's not willing I will push for it and I will try to make sure that we accommodate all parties including you know representatives of the public or the but in certain circumstances it just, you know, couldn't have been done at that point. But as we see, you know, with the it was a very limited application. So, I'm happy that the applicants or the objectors attorney will now have an opportunity to review it and have that time before uh you know, we get into really the meat of any application.

Thank you.

Step right up. So I have a general question in terms of zoning. Um now this warehouse is on permitted use. Let's say down the line um or better question is that zone frozen until the applications application uh you know applications applica applicants application is completed or can uh a council um change that zone that

in in New Jersey what uh was adopted recently is the time of application rule It used to be what's called the time of decision rule, meaning a municipality can change the zoning of any property at any point during a pending application and that until an approval was granted, the applicant didn't have any rights interest in the underlying zoning. The New Jersey law, the Supreme Court changed that, I guess maybe 15, 20 years ago. I don't quote me on the number of years, but it's been quite some time where now they it's called the time of application rule. So once an applicant files their application, they are entitled to whatever zoning is in place at that time and a municipality can't change the zoning while that application's pending. They they they are vested rights in the the zoning that's uh in place at the time the application was filed. So, the pending application, the applicant can continue to delay uh forever is what you're saying until um the until the point where um they can push this forward. Is is is that what you're saying?

No, no, no, not forever. They still have to prosecute, meaning they have to proceed with the application. They can't just sit on it and keep delaying and not doing anything. If they're if they're making adjustments, if they're submitting revisions, they're meeting with board professionals, but they're have to keep on adjourning for those reasons, they're still prosecuting the application. If you have an applicant who files an application, and then just you don't hear from them. They get a hearing date, they request for a German, they don't hear from, they don't meet with the board, they don't meet with the board's professionals, and then they ask for another German. After about a year of that, a board has the right to say, "You're not prosecuting the application. It's now deemed denied without prejudice." you know, it's no longer pending. You'd have to refile if you want to proceed with it.

So, I saw on the agenda that uh the applicant's completeness date was uh on March of last year. We're talking about a specific application. We can't talk about that. So, in general, um does the applicant only have a year to No, it's a reasonable standard. That's just it, you know, a rule of thumb I would say and usually that's what I look at is about a year without but it could be less, it could be more. It's it's depends on the cir circumstances. Is there a limitation beyond a year? The year was just something I put forth because it's what I consider, you know, what uh uh but there's no law legal deadline. Okay. Thank you.

Hello again. Just another general question. um this neighborhood that we all live in. Um every home if you just you could even look Google map or just look at the look at the map back there. Um all of the homes that butt up against the industrial zoning area. I'm sorry to stop you, but we're really this is really getting close to talking about the application. I'm not talking about the application. I'm talking about the zoning area.

But let let me let me just stop you for one reason. is it this board won't be able to consider anything you say like this when considering the application and I I think it's more importantly and I'm saying this to your benefit that you hold off on these type of comments. I know we're kind of dancing around the the Yeah, this is an application. This is actually about our properties. Uh my my question was really about our properties and

but it may be beneficial for you to make the same comment during the public hearing on this application because it may be more influential and it's something the board can consider at that point. I know you're you're just you're not talking about the applicant, you're going to just talk about your properties, but I have a feeling and this is just suggestion that instead of we dancing, you know, right now we're kind of dancing around, we hold off what these public comments are and make them at the on June because then this board can consider them. This board can utilize them if they want to in the application. We just rather than just, you know, I mean, you're more than welcome to continue, but I'm just it's my recommendation so that then it becomes more impactful. Could I do it both times? Well, we tried to avoid duplication here, so we're not

Right. All right. I just want to make it known, every one of these homes has an conservation easement behind them. Right. Their backyards are cut. Their property, it's on their property. Conservation easement. They lose space in their backyards that they pay taxes on. There's an industrial area behind them. Why are the people's the homeowners homes cut with an easement for land that they cannot use but they own and pay taxes on but the industrial area where people don't spend their whole lives and sleep there gets that spacing between. Do you kind of get where I'm going with that? That's you understand I'm just trying to make a point. Everybody paid for land when they bought a house. It's part of it is in an easement. They lose that land on their property that they pay taxes on. There's an industrial space behind them that that easement cuts off right there. So, why are the homeowners being um punished, for lack of a better word, for land that they cannot use when there's an industrial space behind it that won't even use that land?

This would be a perfect comment at at the And I will I'm I plan on it. Please, bring it out there. Just it's out there now. Yes, sir.

Hold one second. I'm sorry. Okay. Sorry.

All right. Uh again, my name is Ankit Modi and I have a question regarding the uh re redevelopment plan too at Waterworks Road. Uh I believe those plans were approved in 2022 where board aware of it there would be a thousand plus home coming in the neighborhood and if they are aware of it have they performed any study for the neighborhood compatibility or any uh statement regarding the like you know community impact if those statements or if those studies are available can you provide it to the community? Uh the the very good question not for this board that's something that you know if there's a separate uh meeting with with the administration or reaching out to the to the uh

I mean they are here right now can they answer it? It's not appropriate before this board. That's why I'm saying it would be appropriate another you know speaking with them separately because this board is the planning board. I know this is a public comment period but it's supposed to be public comment regarding questions to this board not to administration or the planning department. See no hands, I'll close the public session. Thank you. Uh, can I get a motion to adjurnn?

I