Planning Board Meetings - Regular Meeting

uh facilitate the meeting until a chairperson is elected. So, if we could uh the announcement of the open public meeting uh statement. Dory, can you help me out on that? Open public meetings act statement. Adequate notice of this uh public meeting was it was given in accordance with the public open meetings act. Formal action may or may not be taken. Thank you, Dory. Uh salute to the flag, please. Pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Okay. Before we uh get to the uh formal reorganization, it's appropriate to swear in the new members so they'll be able to v vote on the actions. Uh the first person to be sworn in will be the uh deputy mayor, Michael Sylvester, who is our class three member. And uh Michael, if you kindly stand and raise your right hand, if you would uh swear or affirm that you will support the Constitution of the United States, the Constitution of the State of New Jersey, that you will bear true witness and allegiance to the same and the government established on the United States and in this state, and on the authority of the people, and that you will faithfully and partially and justly perform all the duties of the Sparta Planning Board according to the best of your ability.

I do. Congratulations. Thank you. Okay, the next person is Christine Dumbar. Uh, hi Christine. How are you? Uh, Christine, you're being sworn in as a class 4 member. Thank you. Do do you solemnly swear or affirm uh that you will support the Constitution of the United States, the Constitution of the State of New Jersey, and that you will bear true faith and allegiance to the same, and that the government established in the United States and this and in this state under the authority of the people, and you will faithfully, and partially, and justly perform all the duties of the Spartan Planning Board according to the best of your ability. I do. Congratulations.

Okay. Excellent. Brian Timberlin. Brian, you can uh affirm or swear. Uh do you solemnly swore affirm that you will support the Constitution of the United States, the Constitution of the State of New Jersey, and that you will bear true faith and allegiance to the same to the government established in the United States and in this state under the authority of people, and you will faithfully and partially and justly perform all the duties duties of the Sparta Planning Board to the best of your ability. I do. Congratulations. [applause] Okay. And the last one is our alternate crew member, Bridgetette Bulgar. Beer. Beer.

Beer. Bulgar Bogler. Uh Beerit. Do you slemly swear or affirm that you will support the Constitution of the United States, the Constitution of the State of New Jersey, and that you will bear true and allegiance to the same and to the the government established in the United States and in this state on the authority of the people, and you will faithfully and partially and justly perform all the duties of the Spartan planning board according to the best of your ability. I did. Congratulations. Okay, gang. Uh, if we can do a roll call. Deputy Mayor Michael Sylvester here. Janette Burke here. Ron Day here. Christine Dunar here. Joan Ferman here. Celeste Luciano here. Ernie Ragstad here. Brian Zimmerman here.

And Beer Bogler here. Okay gang, you're going to see on the reorganization there is a U ABCD going through. Uh let's do the uh chairperson and the vice chair individually and then there is a resolution that I think encompasses uh C through K. You could if you choose do C through K with one vote or you could pull out individual ones if you'd like but it is appropriate that we do individually the election of the chairperson and B election of the vice chair. So if uh going to the election of the chairperson, is there someone who would nominate a chairperson for 2026? Yes, I'd like to nominate Celeste Luciano.

Under the nomination, only one uh nomination is required. No second is required. Is there any other nominations? Seeing none, uh roll call, please. Deputy Mayor Michael Sylvester, yes. Janette Burke, yes. Ronda Day, yes. Christine Dunar, yes. Joan Ferman, abstain. Celeste Luciano. Yes. Ernie Rex. Yes. Brian Zimmerman. Yes. And yes. Okay. Uh we have our new chairperson. Congratulations. And you can handle Celeste. Now the election of the vice chair.

Before we do that, can I just say Celeste, even though I abstained, it does not mean I'm not supporting you. I think you know you are the chair and I want to put the past behind us, move forward in in a good light, and it so yeah, I'm backing you. I I appreciate that. I I do appreciate that, Joan. And I think we had a really great conversation yesterday and I think that kind of opened up a really good door and I'm I'm looking forward to getting do you know doing good work not just at the deis but on the master plan as well. Okay. And then you know following that um I'd like to nominate Ernie if he's willing to be vice chair. No. Um no I would turn it down. [laughter]

I I would like to nominate uh Janette Burke. Thank you, OJ. I hear no other nominations. Uh, roll call. Uh, yes, please. Roll call. Deputy Mayor Michael Sylvester, yes. Janette Burke, yes. Ron Day, yes. Christine Dunar, yes. Joan Ferman, no. Les Luciano, yes. Ernie Ragst, yes. Ryan Zimmerman, yes. Bogler, yes.

Okay. Um, moving on to the other portion of reorganization. Before we get there, I just kind of want want to say a few words. Um, I would like to express a heartfelt thank you for, you know, the continued confidence of of the members of the board. Um, and as mentioned, the aspiration that those who who did not vote for me that we're going to move forward in collaboration. I I look forward to that. Um, I'm very excited about our goal of completing the master plan this year. Um, and I'm very looking forward to having a productive year. Um, and also since we have uh other items that we need to deal with, but I'd also like to address before we continue to um seeing as though this is our first meeting of the year to congratulate Dean Blumeetti on his appointment as mayor and Michael Sylvester on his appointment as deputy mayor. Um, thank you gentlemen for all you do and are about to do for our town. Um, and I'd also like to thank everyone on and affiliated with this board. Um, we've done good work in the past. I believe will do good work in the future. That includes members, professionals, administrative staff. I appreciate everything that's been done and and I look forward to this year. So that said, we will move forward with the uh with the resolution. Um

yes less as I had said there was a uh uh you know a proposed resolution with regard to uh the positions and it it recites on the written resolution for the uh board engineer David uh Simmons of uh Harold Pel's office uh Lindseay Knight of Nia's office for the planner and uh David for the board engineer uh Brian Inendola uh for the planning board traffic engineer. Richard Oler as our uh planning board conflict attorney. Richard Eer also uh is currently handling the pending litigation in the federal lawsuit, the diamond chip. If you recall, I'm handling the state of New Jersey appellet matter. And also in this resolution, it would be uh Kenneth Porro or Brock Iller as the appointed planning board attorney. uh in if the board wanted to you could move all those names with one vote or if there are other nominees so whatever the board decides.

Yeah. I believe also on that resolution is Dory Fox as the planning board. I apologize that is on there Dory Fox as the uh just so everybody understands what we're voting for if we're voting for the resolution as Yes. I apologize. Is there an agreement for that? I'm sorry. It's um that one doesn't have an agreement as she's an employee of the town. And there is no professional services. There's nothing separate that is being paid by the planning board. No. Okay.

Okay. Unless someone opposes, we can vote for this resolution all in one. Since no one opposes, I'd like a roll call vote, please.

Can I one comment if I could? um you know looking at what we're approving times a little different I think than than what I I typically have seen in the past where when we've appointed the people we've appointed by names but we didn't have the contracts review and look at um so I just want to make sure that um these contracts have have been or will be looked at by someone within the township that's got purchasing experience that knows the the clauses and the reps and stuff that need to be in the contract. I like to modify that we vote to a point subject to these contracts being reviewed by somebody in town just to make sure they're complete in terms of making sure that all the mandatory clauses are there. One one example might be a conflict of interest that the people are appointing have no conflict interest. I'd like to go forward the motion to appoint subject to final review and if there is something that's deemed incomplete then let the CPA and the professional work that out should be minor stuff. I would think

that's a good idea. I'm fine with that. Think we're all in agreement. Okay. May we have a roll call, please? Mayor Michael Sylvester. Yes. Ronda, yes. Dunar, yes. Joan Ferman, yes. Ernie, yes. Brian Zimmerman, yes. Bogler, yes. Janette Burke, yes. And Celeste, yes.

Right. So, Celeste, we did not uh go on J and K. That's the appointment of the official newspaper which I had spoken to uh Dory earlier in the week and yourself. There's a lot going on with internet notice and the like. So we talked about uh the same notices last year subject to their any legislative changes that come up with regard to online and uh it's no secret you now uh the municipal website is becoming more and more important. Uh and for a lay person wanted to see what's going on, that's where uh it's understood to go. Also, if you're in 200 ft, you get a personal notice. So, uh there's some evol evolving law on it, which is all good for transparency, but we still have to vote on J and K.

Yeah. So, that's resolution 2026-2. Um, and I don't know if anybody's had an opportunity to take a look at the schedule of meetings. So, unless there are any questions, comments regarding uh these two components of this resolution. Okay. Hearing none, can I have a roll call, please? Deputy Mayor Michael Sylvester, yes. Ronda Day, yes. Christine Dunar, yes. Joan Ferman, yes. Bernie, yes. Brian Zimmerman, yes. Dear Bogler, yes. Vice Chair Janette Burke. Yes. And Chairwoman Celeste Luciano.

Yes. Okay. So, this concludes this portion of the meeting. We actually at this point can make a motion to adjourn the reorganization portion. Yes. Yes, you are correct. So, we can make a motion to adjourn the reorganization portion of the meeting so that we can convene into our regular meeting. May I have a motion in a second? a motion. I'll second. Okay. Uh, all in favor of adjourning the reorganization portion of our meeting. I I Okay, that brings us moving into the portion of our regular meeting.

Yes, Celeste. This is a an interesting uh issue that that is more common than you would think. Uh, this actually predates myself and some other uh board members, I'm sure. It was a prior resolution on uh the property that there was a subdivision and with any subdivision you have to get uh meets and bounds. There may be other issues related to the resolution uh approval in order to memorialize it. And then there's a deed that is created with the new meets and bounds that is filed with the county that has its own uh requirements. It was reviewed by uh our office by uh the board engineers office. But the long and the short is that you have to by the New Jersey statute review these within 190 days. And uh unfortunately and again this is common uh the applicant exceeded the 190 days. So this resolution is merely memorializing that this uh subdivision did take place and you'll see in the agenda it says extension of time and in the deed that was proposed it reflects today's date that you approved and reaffirmed the subdivision. I have no objection to it and the documents are all in line and this is uh standard and customary.

Okay. So for those who are um either watching online or in the audience or don't have an agenda in front of you this PB number 2393 Larry and T uh Tina Allen uh 483 Glenn Road 29001 lots 102 and 104 R1 minor subdivision. This is relative to an extension of time letter as described by um Mr. Poor. It does require a vote. Yes. Any discussion or thoughts or commentary regarding the extension of time letter? Okay. Hearing none. May we have a roll call vote, please? Deputy Mayor Michael Sylvester. Yes. Ronda. Yes. Do we need to to motion or was there a motion to approve or uh

is it is that required? It' probably be cleaner. Okay. Probably cleaner. So motion to approve. Second. I'll second it. Okay. May we now have a roll call vote? Deputy Mayor Michael Sylvester. Yes. Ronda Day, yes. Christine Dunar, yes. Joan Ferman, yes. Ernie Rystad, yes. Vice Chairwoman Celeste, excuse me, Janette Burke, yes. And Chairwoman Celeste Oiano, yes. Good. Thank you.

Okay, moving on to updates. We will start with the town council. Um before we do that, I think, you know, it's the beginning of the year now and I think um we need to go back to things that were discussed last year and kind of resolve them and set the course for this coming year. And um I want to get straight and I'd like the board to engage in this discussion of uh the voting of alternate members when there is no class two member. Last year, the town council did not appoint anybody to class 2 for the entire year. So, facto an alternate voted the entire year, which is really not in the uh interest and the intent of the statute. The statute for a class 2 member is an employee of the township. Um it is a vacancy. I think that the statute is very clear. I've brought it up before that an alternate member and I'm reading from the statute right now 4055D-23.1 alternate members no alternate member shall be permitted to act on any matter oops wrong part I'm sorry um alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. So, if there's a regular member in that seat and they're uh voting for that person, that's to me perfectly fine. When there's a vacancy, and I brought up the Hamilton case, we did have discussion on it. Um I believe that the mandate really came down from the town council attorney, but I I do disagree with it. And what I I don't want to see us get in a position this year of voting and ending up where we're in a lawsuit because it's a 54 decision and it's being challenged as was the case in Hamilton Township and they had to go back and it was determined that

that alternate member could not vote for a vacancy only in the disqualification or absence of a regular member. So a regular member has a name. So if you can tell me who the regular member is in class two, I can drop this. But there is nobody there. And I think the best way really is to fill that position. But until it is done, I think we have to talk about it and make sure we are proceeding down the right path because as Ken pointed out last time with the de facto um uh what is it called? The de facto officer doctrine um you have to kind you have to do it beforehand. You have to do it before the vote. So that's why I want to put it on the record right now. And um that is really like Christine when Christine was in the class two position. You can't go back and negate what she did because she was acting in good faith as being a member of the class two position. That's different. We're not talking about Brian or Burgett being able to be seated as alternate members. They can be perfectly okay. It's the voting in the absence or like Mike when you know that year where they say that you didn't really qualify. You can't go back on those votes because you were acting in good faith. So, you're still acting in faith, but you can't vote for a vacancy. And that's the way I read it. Um, and I think we all need to kind of discuss it and make sure we're doing the right thing so we don't end up in a lawsuit down the road like Hamilton.

Mr. Burrow, if you wouldn't mind.

Yeah, it's a very interesting issue. If you recall, we had this discussion last time. Uh the ordinance for Sparta has a nine-person board. Uh the municipal land use act makes reference to four classes. Class one is the mayor, class two the municipal representative, class three is the council person and class four is the general public. So the issue becomes the two alternates are class 4 members. Like right now tonight, uh the mayor or the designate has not we have a mayor uh but he's not here. Is he vacant that position or is he absent? In my opinion, he's absent because the mayor by statute sits there. He's not just he's not here.

You can name him.

You can name him. So, the class two member is where we had the friction last time because that is in essence right now. And it's good that uh uh Councilman uh Sylvester is here because he can bring this back to the mayor and council that we really in order to avoid problems, the class two member should be filled. Now, this is not unique to your municipality. in order to get a municipal employee or a municipal representative who's working all day and we have you know Aisha and Dory it's a long day uh and those uh the class uh two membered does not get paid so it's difficult to find somebody who will fill that position uh but in all cander that is important sometimes people get time off or time credit that's above my pay grade and and Jim Zep could handle that on how that could be done. So to answer the question, interesting conversation. We should look forward to how that goes tonight. There were nine members here. Uh we all voted because as the municipal attorney had interpreted the last uh time and supported by the board of adjustment attorney and myself that we're doing an administrative function here for on behalf of Sparta and therefore the Sparta has a nineperson board. your nine people here when an application comes forward that is the municipal land use act is more in line and then therefore there would as Joan is saying there could be an argument as to that last year we also interpreted that our past practice was that the alternate did vote there and therefore uh we were comfortable that we didn't have to change any votes uh in the past but again in 2026 the issues raised Uh hopefully the mayor and council will help us out on it. That's it. I don't

think there's anything else needs to be done tonight. That's the discussion and hopefully Mike, you can help us out. Okay, that's it. So, what do we do next time if there is an application? I take it uh day by day and uh hopefully uh we'll see what the mayor council do. I think the next I don't think we have an application in February. Uh so we we should be okay to uh to only do administrative stuff. If we have the master plan, I feel we're okay. Uh again, I don't believe there's any applications until March. So there is a town council meeting on the 27th and Mike, if you could please take that back and we can move forward.

Noted. Okay. Thank you. That less Okay, moving forward with the agenda. Uh, council update. Town council update. Unless, of course, before we before we get there, um, just want to double check before we we move forward. Any other items from any other member regarding other boards? Okay, then we are going to move on to updates. Can town council?

Okay, great. Good evening everyone. First off, I just want to congratulate all the appointees and um looking forward to having a productive and very uh functioning board and a productive board this year. So glad to be back on the board serving and working with all of you again and you know writing a ship and taking care of you know matters on hand and the applications and and the citizens as they come forward during the course of 2026. So again congratulations. I I'll note that, Joan. I'll bring that back to council and um we'll report back, but no further update from town council at this point. Thank you.

Okay, perfect. We will move on to environmental commission.

Yes. Good evening and thank you. It's good to be voting again and that environmental commission has a vote. Yeah. And for the future. So, thank you. Um there's not a lot uh going on. Um we haven't met since December. Our meeting is actually tomorrow night. But I do have um a few things that I can mention. One is is that I believe that there is I um Mr. uh Porro on 29 Maine. There's an application that's that's coming up and we will be reviewing that tomorrow night, the environmental commission. So we'll get that feedback to you. And um the environmental commission is working on some projects. We're doing the salt watch to protect our waters, make sure that they're not contaminated with sodium and and chlorine to excessive levels. And um we're also have a fun project. We're working on uh Earth Day 26 with the Lake Mohawk Association. So that should be great. A cleanup in the morning and then a conservation fair right out here in the afternoon. And then we may be um it's on the horizon. We may be recommending an ordinance regarding data centers in the future. So um that's all that's all I have. Thank you very much.

Okay, great. Now we move on to subcommittees. Hm. I'm sure a lot of people are very interested in what in the minor site plan subcommittee. There is going to be some restructuring and reorganization of the minor site plan subcommittee. Currently uh the members as agreed to have been on uh minor site plan are deputy mayor Sylvester until such time as a mayor's designate is or the mayor chooses to take his role. Um Brian Zimmerman, Bureet Bogler, and myself Celeste Luciano will be the four members of the subcommittee. Um we are still in the process of uh looking at what's happened during the course of last year. Um quantifying some of the difficulties that were had by last year's subcommittee so that we can put infrastructure in place so that uh we can potentially remedy some of those issues. We can say that um moving forward, minor site plan subcommittee meetings will be held in this courtroom um an hour before the uh planning board meetings which is the first and third Wednesday of any given month. Um and applicants will be told when uh when their application will be decided upon at that meeting. Um, unfortunately that is all the information I have right now relative to to minor site plan. Um, but we will keep you posted. We will keep the business community posted um with any additional changes or um upgrades and hopefully we can keep the lines of communication open so that we can um we can adjust accordingly. Uh that now brings us to

point of point of order if you don't mind. Um, and I'm just going by the ordinances. I'm not trying to be confrontational at all, but um, the ordinance does say that it is the mayor, and we've interpreted that as the mayor's designate and three other members. So, if the mayor appoints somebody on the 27th, as I guess he's going to do, as the design of of the four people you mentioned, who would be the other three? Right. I had indicated that it would be Deputy Mayor Sylvester, Brian Zimmerman, Burget Bogler, and myself.

But that's not what the ordinance reads. The ordinance is mayor, and we've already interpreted that as mayor designate. It doesn't say deputy mayor or again, it was until such time as as the mayor or the mayor's. And then at that point, who would be the other three? Would Mike be going off or would be or would it? Right. Who would be the Mike is here until such time as a mayor or a mayor's designate is chosen and then he'll go off. Correct.

That makes sense. And he is the deputy mayor. So he has that uh correct that that title. But uh good question and good discussion and I think it's understood that it the mayor uh designate or it's implied the deputy mayor could uh cover that. So let's see how that pans out. But good conversation. Okay, moving forward to I'm sorry again. [laughter] I know last time um we had asked for a report from the minor site plan subcommittee and I know Ron had specifically asked for it and Rob said he would prepare it and I believe Rob did prepare it. Can we hear the year-end report? I don't have that information in front of me unfortunately.

But Rob has it. I think we should hear from him, you know, as you asked him to do it and he has it ready. It's a summary of last year, right? If uh if I look on the the agenda, it's not on the agenda. However, you do have the open to the public. What I would suggest if uh Mr. Otto uh wanted to submit it and give the board the opportunity to review it at the next meeting. And if you want to give a quick overview, I maybe that makes sense, but uh it's not on the agenda per se, but we do have open to the public. Again, if uh Mr. Otto wants to submit something,

I I believe the office has it. It's just that we we weren't able to to get it to the remainder of the board in time for for review. So, it wasn't included in uh in this particular agenda. So, um I mean if if if you don't have Well, that's and that's the problem is that we we didn't get an opportunity to review it. So, that's you know um Okay.

Well, I would I would welcome the welcome the board to first review and and approve it and then welcome Mr. thought it'll come up in, you know, next meeting and give comments and open comments to that as well. I mean, because and if we get take comments right now, I guess they're they're open to the public, but not be accurate after our review. Subject to review, right? Right. Are you okay with that, Rob? I mean, can you be The question, I guess, would be, can you be here for the next meeting? accomodate in this meeting. I'm happy to give bullet points during public session and I'm not sure if I'd be disallowed doing that.

Yeah, you're not you're certainly not disallowed from speaking during open session. It is, you know, I'm happy to give Mr. Sylvester the full text to review because it was quite lengthy, but I could I could give you guys broad. It's your choice, Mr. Auto. I mean, but I still I think it would be still subject to the final approval or re, you know, comments made, but then final approval still needs to at least be reviewed by the board. We we haven't had a chance to see it, right? Um Ken, thoughts?

Yeah. No, the the Mr. Otto in the public session uh can give some bullet points and uh the report would be so fh so filed. Uh it's not really that there's a lot of comments that need to be done with it. It's a report that was submitted. It's his position and there's no need to have an argument one way or the other. Or we can be supportive. We can be silent. We could be whatever. But it's the report is submitted. It would be reviewed and so filed with comments. But that's not before us tonight. Okay.

Uh All right. Well, to continue with with updates um and subcommittee updates, that moves me into the master plan subcommittee. Uh master plan subcommittee meetings currently have been scheduled um based on the availability of our planner. The first one is intended to be February 10th uh at 6:30 p.m. in this building, front conference room. Subsequent meetings are intended to be held monthly on the second Monday of any given month. And to uh to refresh the members of the master plan subcommittee, that would be Mayor Blumi, [clears throat] excuse me, who is the council leazison, Ken Lori, who is liaison to uh the zoning board and also the chair of the zoning, I believe. Is he chairing? I think so. Yes, I think he's still chair of the zoning. um near sourine who is liaison to environmental also I believe he is the chair of environmental currently congratulations to Neil um citizen members are Michael Divine Christy White House Jennifer Derek and Brian Romanowski who also deserves honorable mention and congratulations for his appointment to the zoning board um and planning board members Brian Zimmerman Joan Ferman and myself Celeste Luciano [clears throat] so that having been said we're looking forward to doing good work on the master plan. And that brings us to open to the public or anybody who would like to discuss matters not on the agenda. [laughter]

Rob, if you're just making a statement, you don't have to be sworn in, but if you can just give your name and uh that you're in Sparta. If you recall, uh the new uh movement of our legislation is not not to give street addresses. uh just merely uh your name and association with the community. Uh Rob Otto, resident of Sparta.

Um [clears throat and cough] so you guys kind of heard the majority of this. Um I'm going to give I guess Mr. Sylvester five or six copies. Um you can take a look at it and you know after which uh and you guys can remain silent if you want. Um but this was this was prepared um during my tenure uh at the end uh December. Um so I went through our 2025 process already but I kind of want to just go over that again on the record. Mr. Sylvesters here. So I think we ended up with something useful. Um which is that again minor site plan cannot grant waiverss. It's the purview of the full body of either planning board or zoning board of adjustment. Minor site plan subcommittee is comprised of three to four volunteers that also serve on the planning board. The goals of the MSPS remain the same as the planning board where the determinations made by those serving may not be arbitrary and capriccious. As a quasi judicial body, these determines are presumed legally correct according to MLUL. So, in order to protect the township from legal challenges, each application is considered with great care and consideration, especially in light of current challenges stemming from recent applications within Sparta is crucial that in 2025 we operate closely within code by using the published ordinances and standards codified by our professionals and the governing body. Determinations made by the MSPS volunteers are less susceptible to legal challenge, less likely to de be deemed arbitrary and capriccious and stand up to a potential challenge. So our process was introduction where the applicant

gathers the application materials, presents the planning and we begin individually uh with a a pre-review of the local code along with applying any special local uh local knowledge. Um once once accepted by the zoning office they forward those materials to MSPS and um we use any knowledge which may relate to the proposed project. Then um subject interpretations by planning board professionals legal engineering planning. We try to resolve any questions. Um members of the subcommittee may feel the need uh to consult cons uh bring up concerns that they might have and this might lead to clarifying questions to be submitted to the applicant and this is all kind of a pre-review to determine is the application even complete. Once the application is fully understood to be complete and understood, uh, members of MSPS provide their individual analyses. We have a discussion and then we cast our votes immediately prior to regular planning board meetings. Um, in the past, I think as a carryover from 2024 with uh, and then prior to that with COVID, some of this was done over email. It was very exhaustive. Um, and you kind of met met when you could meet. Um but then after the vote we try to assemble the determination restating the project scope listing the sections of code which may apply and then presenting the determination along with any conditions or requests. Um every application obviously every site is different and challenging. The code is not artfully drawn. It's not perfect and many labels persist from over 40 years ago. They may not fit uh those of today. So, but the goal is we're trying to balance intensity of changing uses within the local conditions. Um, and I

think that remains. So, I'll fast forward. So, pain points. Um, complete conforming applications help staff and volunteer time help staff and volunteers and speed up the process. So, in 2025, um, actually Joan and Ron were nice enough to update the MSPS application to try to capture more information to kind of keep that application moving forward. Um however throughout the year MSPS volunteers and township staff Dorene Rayisha Marissa Emily um took a lot of effort to try to cure defective or incomplete applications researching prior uses prior approvals and just basically trying to steer applicants to the current design standards governing Sparta Township so that their application could conform. So all we want to do is just get a conforming application and improve it. Um when we encountered areas in the code that were poorly written, deficient, or had disallowed uses that might represent a reasonable intensity of use to be cons considered, we did make suggestions to the governing body to update that that code. Um unfortunately, as of the date of this report, December 2025, no action had been taken on such such suggestions from MSPS or the planning board. So hopefully with Mr. Sylvester back here um that can change. Uh and then obviously in instances where the proposed scope of an application may exceed the expertise or comfort level of volunteers normally I believe that would be uh submitted for full uh planning board review. However, as planning board uh resources flow to MSPS in some of these instances, we were able to utilize our professionals to try to move that application along. Um, professional

review was helpful MSPS for legalities regarding topics subject ongoing discussion and memos at the council level such as cannabonoids uh and related. And then professional review is also helpful in establishing engineering best practices regarding health, safety and welfare. So based upon this, MSPS made further recommendations than escro fee structure be established to defay costs of a reasonable professional review only when warranted to reduce time for review. Um again governing body chose not to act on that but hopeful that you guys will move that along. Um, I don't feel that the MSPS should be utilized to expeditiously move applications forward on a whim. Uh, that's that's a pretty foolish takes. Uh, Sparta just cannot afford to be arbitrary and capriccious, end up in another lawsuit. This is the very reason that you have three to four planning board volunteers, the local experts hearing these applications and balancing them against the written code. So I urge those of you who are doing minor site plan to continue to identify the public interest at stake, identify any detrimental effects and work with the applicant to help them conform. If you determine a waiver is needed, that's why planning board and zoning board exists. So I think what Ron and probably everyone else was waiting for me to get through summary of applications. 44% of our applications and it was easy. There were like 50 applications on the nose. We had a few over from 2024 that carried over and I think Miss Dunar you uh completed some of those. Then we got a few at the very end of the year that we were able to quickly turn around. So 44% are town center commercial which uh is a zone that provides community commercial uses to complement and enhance existing retail and service use and historic character in the town center.

uh 24% C1 uh community commercial zone limited to business uses of retail sales and service type 18% ED economic development zone uh the purpose of that zone is to allow for the location of office research and industrial uses in a campus-like setting with good access to route 15 in the railroad. 4% were PCED planned commercial economic development zone um which zone is to permit development of the areas of land along route 15 west of Route 15 north of Susuana Western Railroad. 4% were TCLM Town Center lower main street commercial zone which provides for community commercial uses to complement and enhance existing retail and service use and historic character in the town center area. 4% were Town Center Main Street, which is a district in which professional office, specialty retail service uses, multif family, residential, and mixed use of any permitted uses are allowed. Um, and site plans and building shall be designed in a manner that will preserve and mimic the rural and historic character. And then the last 2% was TCCO, Town Center commercial office zone, providing for community commercial uses to complement enhance the existing office uses and historic character and natural resources in the town center area. So, the last thing I'll say is that if you if you listen to those, if you could stand to listen to me drone on, um, the majority of those were various iterations of Town Center and within the Town Center zone, the master plan expressly is trying to protect the historic character, the community feel. So when we look back at 2025, it's great that we have um despite all comments to the contrary, we have a lot of

businesses coming into that zone, but it's also probably why we run into questions about signage. And so I will just say that the code is pretty clear on the signage and the parking standards and all of that. It's you look at the design standards for the entirety of the township and then you go to the additional specific design standards for each zone. So if Mr. Sylvester, you've done this for longer than I have. Um, if you could just I I know that you're you're pro business um and pro community. So I would hope that you could kind of lead the charge to get the governing body to give this body the tools it needs to preserve and protect the natural resources the historic while also not we don't want to slow down small businesses big businesses you know so but there's a way to do it and I think the proper way is not to bend the rules and rags as they're written they're old some of them they need to be updated it's a simple matter of you had a storm water update that was done. It was required by the state and it just said we're passing this ordinance at town council level. Here's the new storm water regulations promulgated by the state. Take this section, sub it in here, delete this. It could be that easy.

All right. Thank you for your time. Thank you. Thank you, Rob. Yep. We appreciate it, Rob. Thank you. Yes. Thank you for everything you put into this, too. A lot. I know you put a lot of work in. It was It was fun. We definitely appreciate it.

Uh board, real quick on uh as Rob had said, uh Rob used the word waiver. Uh also variances. The subcommittee can't grant uh variances. And as he had said, my limit involvement, the grandfathered rights is a very interesting issue. very quickly. Let's say a property uh tenant had a signage that was 5x5 and uh that square footage is not permitted and they say well the prior person had it the building is grandfathered the the case law is very interesting on that if there is some of approval of to the signage but just because the sign is there does not vest does not make it there is a process with the board of adjustment for an interpretation uh but those challenges are very challenging to the minor site plan when uh an applicant comes in and says the prior owner had this but there's no permit or there's no documentation. So that uh I think the board did a nice job of addressing those issues last year. That's it. Thank you.

Just to follow up, Ken, there also is within our ordinance, it says that anytime a sign is altered, moved, replaced, or you know, anything that they must follow the current code. So that's why we would look to the current code at that point. Got it. Good point. Thank you. But not subject to any proposed or future codes that may be into consideration. You you operate under the existing code that's in it's in effect at the time. Right.

Correct. There there was law when I first started practicing that it was time of decision law which means that whenever the code was at the time of decision and what happened was when an app developer would come in and uh they had no variances miraculously the mayor and council in some of those towns would change the ordinances that it was no longer conforming. for example, uh you didn't want a garbage disposal, you didn't want a particular use and it was permitted in the zone. Uh the legislation changed that. So, as the deputy mayor said, now it's the time of filing, not the time of decision. So, yes, that is the current law. Thank you. Good.

Hi, Jenny Derek. Tap into Sparta. I just had a quick question. Um, ordinance requires minutes be produced from the minor side plan subcommittee and I was wondering when we were going to see those. We are going to see those at our next meeting.

Thank you. Okay. Any other members of the public? Seeing none, moving on. So we were we are well executive session is on the uh on the agenda. The [clears throat] intention was for us to move into executive to have a conversation with all of our professionals. However, Lindsay Knight is not here this evening, but she has sent her representative and I apologize if I butcher your name, David Jesus. [laughter]

Pretty good. Um, so I am going to leave it to the board as to whether or not um we are going to opt to go into um executive with Lindsay's uh alternate. So um I guess the motion will be that we will go into executive with Lindsay's alternate. Can I have a motion and a second for that? I just get some clarification. If we go into motion tonight, will we still have to have an additional meeting later on when Lindsay's back?

Uh, we can have that discussion. I mean, because quite frankly, um, my thought is that there may be certain questions that that David may not be capable of answering only because he wasn't with us last year. He wasn't the one who was doing the reports. He wasn't, you know, so we may have specific questions that he may not be capable. I would prefer to have our the whole team here to go into that discussion. Okay. So, let's do a uh let's do a motion to carry the executive session to uh to our next meeting which is the fourth and hopefully Lindsay will be here with us. Um can I get a motion and a second for that? I'll make a motion to carry it to this fourth.

A second. Second. And can we get a roll call before that? Is there just anything that I mean you did come here today for this sole purpose and if there was anything that you wanted to say you know for being here since he is here. I I was going to give him that opportunity after we took the [laughter] vote like a part of discussion before we decide but

yeah sure I mean we appreciate the board's confidence in us and our reappoint. Lindsay can't be here. She wanted to be here but uh she was just uh tied up at another matter. So, you know, I can answer any questions the board may have or like you said, if you want to wait for Lindsay next month. I hope she's available at that time. That's all. Thank you. Okay. So, we have a motion in a second. Oh, Dave, you are welcome to speak, sir. Oh, thank you. And I didn't see any place else and I wasn't used to a blanket motion, but I just wanted to say thank you for reappointing me again. [laughter]

Thank you. I didn't want the night to slip by without saying that. Thank you. Thank you. Motion to second. Roll call. Deputy Mayor Michael Sylvester. Yes. Ronda, yes. Christine Dunar, yes. Joan Ferman, yes. Ernie Rice, yes. Brian Zimmerman, yes. Bogler, yes. Vice Chair Janette Burke, yes. And Chairwoman Celeste, yes. So, we will not be going into executive session. And unless anyone has anything else that they would like to say, Ernie, you're on. I'm on. I would like to make a motion to adjourn. Can we get a second? I I'll second it. [clears throat] All right. All in favor? Hi. Hi.