Zoning Board Meetings - Regular Meeting

order. This meeting is also being livereamed on YouTube. How to get notice of this meeting was provided in the New Jersey Herald. It was also posted on the Sparta Township website and its bulletin board in accordance with all provisions of the Open Public Meetings Act. Also, no no new business or testimony or applications to be heard after 9:30 p.m. and the meeting will adjourn at 1000 p.m. sharp. It's the practice of this board to salute the flag. Please rise and join us. Pledge allegiance to the flag of the United States of America. to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Thank you. Marissa, please call the role. Landon Tineri here. Michael here. Michael Leandi here. Richard Roarbacker here. Jennifer Paha here. Michael Steyberg here. Chairman Chairman Kenneth Larry here. Lewis Karp here. We have one resolution to be memorialized tonight. Application 2-25 Thomas Sigmon C variance approval decided on May 14, 2025. The chair will entertain a motion. So move. Second, please. Second. Any discussion? Marissa, please call the role. Lennon Tineri, yes. Michael Joc, yes. Richard Robacker, yes. Michael Steinberg, yes. Chairman Kenneth Larry, yes. The applications to be heard tonight are the following.

Application 5-25, Avatar full. Am I pronouncing that correctly? If they're in the audience, full. Yeah. Okay. for C variance approval. We just put on put on the record that Oh, let me get to that L that other one. The first one. I'm just want to do the other. Thank you. I'm sorry. I don't mean to interrupt you. Elite truck and tire application 6-23 for Dvarian use variance since storage of tires and trailers and tire recycling is not permitted use in that zone. That's why they're here tonight. And last 15-24 Nancy Hotskins C variance will be carried to 625 meeting with further notice. Correct. Without further notice. I think it's on. I think was it further? No, it's not on. You're not on. She had it down as further notice, right, Marissa? Which one? Anthony Hodkins. Hodskins. Yeah, it's further notice. Next meeting uh the June 25th meeting. Okay. Got carried. Okay. Thank you. doors on I get the IT guy on the phone and also after the applications are heard tonight, I'll open the hearing to the public for any questions and comments they may have on items not on the agenda tonight. Well, in the interim, you can come forward. Mr. Full with your application until we get the microphones on. We'll have to wait.

Try to proceed. I don't know if I I'm going to try calling them. Lewis, can we continue without the microphones because it be tough for the recordings and so forth. I don't once we get the microphones on, please speak clearly and directly into the microphone since it's a state requirement that we have a recording of all proceedings once these are operating. Thank you. Sorry about that. And that so Mr. Dyes, are you the only one here tonight? No, no attorney or so forth. So after you present your client's application check just use [Music] volume technical difficulties. Sorry about that. So again, I just thought it would be easier to use that one than this one. This one is picking me up. Okay. Yeah. Thank you. Again, after you're finished presenting your application, our board professional engineer, Mr. Simmons, will present his report and then our board members who have any questions and comments will go next and after we're finished, we'll open it to the public. Okay. How can we help you? Thank you. Um I'm here. I'm a planner uh with extra associates. Expire first. Um, Lewis, if you're so swear in Yeah. Do you uh swear affirming the testimony

that you're about to give in this matter shall be the truth on dependencies of perjury? Yes, I do. State your name, spell your last name, and provide us with your business address. Jason Dunn, Dun N, 11 Lawrence Road, Newton, New Jersey. And uh please provide us with your professional uh credit u credentials. Yes. Um I have presented before this board many times. Um uh my license are a good standing for professional planning and licensed landscape architecture. I've been uh doing land development and design and presentations for various boards for almost 20 years now. Um I'm a graduate of environmental planning and design uh from Ruckers University. There's any questions, I'd be happy to answer them. Any questions from the board? I don't think so. Okay. And the other two gentlemen, too. Lewis will have to be um I have Avatar Full who's the owner and the applicant and I have uh Peter, excuse me, Califa having some allergies tonight. Peter Calip who's within a tractor trailer or rail car may also be uh referred to as cross docking. So I don't know if Mr. Er wants to specify if he thinks that trucking terminal aligns with what his client's representing for this application. Not necessarily. Okay. Um, just putting that out there. So, um, okay. So, the history of the site, uh, I'm curious if Mr. Stewart, the land surveyor, PE, um, had looked at the the history of the site at all.

Um in regards to specifically uh the wetlands, the transition area and uh sediment infilling in the history of the site going back to the 80s. Excuse me, Miss Otto. I apologize. Y could you hold those questions? I'll have to close the hearing to the public. Okay. I forgot to ask our board members for their comments and questions of the applicant and professionals. So, accept my apology. Okay. If you can just bear with that. Okay. Sure. We will we will reopen it. It's just it's it's not that we're not going to let you. It's not me, it's you. It's fine. Marissa, could you please call on the board members for their questions and comments? Land and Tineri. Yeah, I have a bunch of questions, but I think it's just best to leave it to the next meeting. So, I'm gonna All right. Ju just understand that Well, Mr. Polar based upon it's it's already 9:15. We have uh six or seven board members that want to ask questions. We have members of the public that are going to want to ask questions and we have a curfew of 10:00 at this board. Um I think it you know will you agree now that you're going to bring your board me your professionals back because we're never I don't Yeah, I don't I don't see us reaching everyone who has questions. So everyone will be back. I have to I've checked with Mr. Stewart. Uh, we're not good for the June date. Us, we too are good for the July date, but I have to check with the folks behind me yet. Right. And just just so we get it on the record before we we off Well, whatever that my point of that is it might be harder to say the July date's okay because I need to know that they're okay with I just want you to consent to extens extending the time for extend to whatever we need to extend to. Thank you. Was that the eth or the ninth? Ninth. Ninth. Okay. Yeah. Yeah. All right. So, we'll continue with the board members a little bit. You might as well continue with the board

members. See how far we go. We heard your questions. No, I didn't mean to spark that only because um some of it was about the traffic concerns and I know at this point you're you're not prepared to answer those questions. So, um beyond beyond that, I do want to ask a little bit about where the tire is coming from. Is there like a particular location uh that you guys currently serve? Is Sussex County a new location you're looking to expand into? And um if so um what's the context of having you know the Jersey City facility and then your location in Pennsylvania? How does this location now proposed in Sussex County now kind of fit into all of that? I still kind of don't understand. It's probably best if I just have them answer the question. I thought the testimony was like they serve the area now and they're traveling back and forth to Jersey City and there's more here. You know, they listed a bunch of car dealerships. as many in Newton and you know other places. So you know they pick up all those tires on a daily basis and uh and this would be an easier you know more central location to this general area. Right. So, all right. Then just a kind of a separate question on on the topic and um any concerns with the the C1 stream and um pollution at in the context of when you remove tires from one trailer and place it into another. And I know that that's a brief period of time that these tires are going to be in open airs, but um these tires are going to be in open air in in Sparta Township. So, I was just wondering if there are any concerns or mitigation methods that uh the company would take to limit pollution. So, I would defer a little I think on that to to Fred, but you know what we heard was um you know the box truck comes back to the site, they take the tire out of the one truck and they put

it in the other. Um and uh I don't know that there's a concern with that. you know, anything uh that's part of their D certification as to what they how they are handled and what they do. Uh again, I can have our client come up and give you a better answer, but that's kind of what I heard in the testimony, but right, but again, if the board felt like, hey, can you can you put some kind of uh some landscape along the bottom that if there was a runaway tire or something that you know that would catch it, I don't know. Whatever you're thinking, we could certainly, you know, be willing to talk about doing something that would address any concerns. That's my questions for now. Thank you. Excuse me. Uh, young lady in the audience, you said the meeting wasn't being live streamed. I fixed it. Oh, you fixed it. Oh, yeah. We just noticed some guy disconnected, so I got it back on. All right. Thank you. Go ahead, Marissa. I'm sorry. Michael J, the pick. Yeah, I have a a few questions here. Um so one I enance 8 foot fence I just as David requested would like some clarification as to um the type of fence and how you know it'll screen what's behind the fence. Um then I also heard some testimony tonight saying how the height of the fence and the fence was necessary for security. Um I'm interested to understand how it provides security if it's not fully enclosing the property. So um seems like it's just a line of fence just a screen. So I don't know where the security aspect comes from. So I don't know if you want to answer that or you want to park that for next time. Um I also do have some questions. Uh there going to be forklifts on the

property? If so, how many forklifts? Um, what fuels the port forklifts? Uh, is it propane? Are there going to be propane cylinders on the property besides the one main propane tank that we talked about? Yeah, the one we talked about was to heat the house building. But are there going to be other propane tanks? No, there's not. So, when the forklift runs out of gas, how does that work? No forklifts. So, they hand pick every tire out and move it onto the truck. Wow. pretty archaic, but okay. Anyway, um so then, um I also heard some unclear testimony about the amount of trucks on the property at a time. I I guess to really sum it up, um how many trucks will there be at a the maximum amount of trucks on the property at one time? Oh, right now they're running three. There's I'm sorry, five. There's three box trucks and two trailers. And overnight there would be how many in the property? Those those three and the two you know on a again either daily or every other day one of the trailers leaves the site to transport the tires to the actual recycling center that you know the place would actually recycle them. Um so that trailer may not come back until the next day. All right. Um, another question I have and I was looking at the plans and then also the photographs. Looks like there is a telephone pole or a power line pole that brings an overhead wire across the parking lot and it looks like it goes to the actual house. I guess that's how the uh the building itself is powered. And I think on the plans here it shows overhead wires. Um, are they sufficient in height to allow

tractor trailers to proceed under with no issue? Yes, they are. They are. Okay. [Music] All right. That's all I have right now. Michael Leanti. Hey guys. Um, I just wanted to clarify. I we we heard some testimony from Mr. Flynn, I believe, um about the site being located in close proximity to Route 15 and trucks not required to go through any kind of residential neighborhoods. Our professionals touched on this, the police department touched on it, but it's very clearly a right in right out site only. Um so in fact every vehicle leaving this site does have to go through um not only residential neighborhoods but to the center of town and that is not a destination I think for any of this activity. I think pretty much all traffic coming out of this parcel will want to go onto Route 15 either north or south. So effectively downtown Spart is becoming a turnaround for these vehicles and when when the traffic engineer does come back. Um I think it's really important that we we speak to that. Please hold your applause in the audience. Thank you. That's all I have for now. Richard Roarbecker. Um, my questions concern dealing with the tractor trailers and the size of the property and how the vehicles would maneuver around considering their size and the turning radiuses that

they need to handle. uh um leaving the property. And generally we uh tying in with um the previous questions about handling traffic uh to go um north and south on Route 15 because there is the large concrete barriers that are um restricting uh the ability to go southbound. And how would they get to the northbound side of 15? It sounds like they have to go through town. And I don't think uh that's what the town wants. There's enough traffic and congestion already. We don't need to add uh large tractor trailers to that. even one trip a day or every other day. We don't need to add that to the congestion that we have. That's my only question at this time is how do we handle all that? We'll address that with our traffic expert. Okay, that's fine. We'll wait and reserve further questions until then. We'll have in your comments so that we'll be ready. Thank you, Jennifer Panaha. Um, I think you've both addressed, but my concerns were my comments would be just be prepared uh to describe how you're going to pull out because if you're going every time you have to leave, you will traverse through town.

And as I'm thinking about it, the natural way would be you'd have to go all the way through town around a jug handle and then you'd have to make a left at that light. And that light is super tight. I don't think I've ever seen an 18-wheeler make a left back up Woodport Road. So, you'd probably have to traverse all the way to the other entrance to Route 15 somewhere in town. So, just take a look at that. And I would encourage you to to um also address the the entrance to the to the site because if you're pulling an 18-wheeler into that site, the way you've got your um the way you've got that impervious coverage there set up, it's probably going to be a slow entrance to it because you're going to have to maneuver around quite a bit. And if you I would I would encourage you to look at how the traffic comes off of Route 15 because school time and rush hour time, it's a lot of speeding and there's two lanes coming around that bend and a lot of people are making a hard left and it causes people to kind of twist to the right quick and all of that buffering space is your friend until you realize what a blind spot it is for people. So, I would just encourage you to know that that might be um a source of conflict. So, that's all I've got. Michael Steyberg. Well, the good news is most my colleagues took most of my questions already, so we got that out of the way. out between um transference of uh goods and whether there was going to be forklifts um maneuverability concerns where the pickups are coming from and where they're going to. I guess my only remaining question at this juncture in the game has to do around the the fence itself on here. I know we've talked about a variety of different things on there, but are there going to be any added features on the fence such as

razor wire, barbed wire like on top from a a security standpoint? Um that that's really the only remaining question I had. Pretty safe in saying there's no razor wire. That's it. Chairman Kenneth Larry. Thank you. And Mola, could you possibly bring to the next meeting sample swatches of this material that you're talking about for this fence? Good. Okay. Basically, as far as the fence goes, it is a fence. Um, the black corugated material that's on there is not like a, you know, flimsy shed roof type of material. It's meant to be a fence. It's corugated. It's um made that way. So, it's rigid. It's manufactured to be a fence. Um, I could I do have the detail on the sheet. Uh, but I can also provide a photo of it. get that and have that for the next meeting so you can see exactly what it is. It's a very sturdy fence. Um it's nothing flimsy about it and it's meant to do exactly what this this proposing. All right. Thank you. Mr. Ola, would you want to go over the environmental commission report at this juncture so we can get that out of the way? I think you have that. Hopefully. I have Yeah, I have it. So, you know, they're beginning they're questioning or looking for some information regarding lighting, hours of operation. [Music] Sorry. Yes. Okay. again. Uh, regarding

lighting, which I think we covered hours of operation, we covered um verify lights will not be on all the time. I think we verified that. Uh, commission was requesting 3,000 Kelvin or less, which is a pretty low level light. It's kind of like a yellow light, right? Um, but we can accommodate that as well. Um, I don't know. They seem to have some concerns about pest breeding. I don't know where that would come from. It's a developed site already. We're not really changing much on the site. um high fire hazard. I guess that's an opinion. Uh you know, we're not I I I will be sure to ask him next time we're we were here as to number of fires that they've had and how long, you know, they've been in this operation, right? And we'll address it that way. Um, and again, you know, all these other issues about air, water, microlastics and stuff, you know, again, that's why it's a regulated business. It's a, you know, it's a DP regulated business. They're inspected annually and that's why, right? So they're they're licensed to do exactly what they're doing, you know, and then they have many other engineering problems which I suppose Dave, you know, I I would think you can rely on your engineer rather than that statement. Um I think the only last question was the delineation map wasn't included. The

environmental commission said the last one was conducted on August 22nd, 2024. It's the end. Yep, that's Fred. The uh the delineation is actually reflected on the existing conditions plan and the second sheet as well. That's where and that was provided um with with the proper notation. Right. Thank you. Any other questions from the board at this time? I'll open it again to the public. And please keep in mind it's 9:30. Keep your questions and comments hopefully 5 to 10 minutes because I assume everyone will be back at the next meeting because I am very adamant as everyone knows to adjourn at 10 p.m. sharp. Go ahead, Mr. Otto. Right. Rob Otto again. um private citizen. Uh so I want to just go through the ED zone uh description. So in E prohibited uses um specifically prohibited um we have trucking terminals which uh Mr. er has declined, I think, to confirm that that's what this business is. Um, but I I read that description out before. Uh, there's also outdoor storage. Um but in addition number two there's any uses which directly or indirectly utilize materials list in NJAC7 uh colon 1E appendix A including petroleum products that are regulated but do not appear in appendix A shall be expressly prohibited. So I just want to make a note about that. Um

I'm trying to I'll try to just go through this quickly so that uh you know other people can speak. Uh Jay required impact studies. It sounds there was a somewhat of an environmental impact study but there wasn't anything on uh the history of the site. I kind of touched on that. Soil erosion, preservation of trees, protection of water courses and resources. I think the engineer talked about the importance of that. Um traffic impact study, it sounds like something came in. Uh I wanted to point out that uh for traffic, my understanding is there was a phase 2 4-year study by local Sparta PD and again I don't have a copy of this uh whatever you guys received today, but um it analyzed 2,150 crashes in phase 2. And of those, uh, there were the top 10 roadways for crashes within Sparta. And, uh, Woodport Road 181 made that list, top 10 with 114 crashes. Um, so I just want to note that. Um, so I don't know if that's going to factor into the traffic impact study, but sounds like your traffic experts going to be coming. Uh, then community impact statement is a requirement also of the ED zone. I didn't I don't know if that was provided. Um so and then I just want to point out you know I looked at NJAC 7- uh 71E-1.7 [Music] uh including substances like rubber along with petroleum petroleum products as hazardous substances. So, just again a reminder that uh we're not just talking about this uh use that's presumed prohibited because

it's not listed in the ED zone. Uh and we're not necessarily just talking about Medici or Sika. Um which I I would I would question whether there's an inherent good being provided by this. Um, but I I don't need to, I guess, make that comment. Um, but I just want to bring up that it it sounds like there is a question about NJ uh regulation of this business. And so I am curious and planner, your planner brought it up. Um, I do see it listed in here. It is heavily regulated. Um and in fact I have a copy of NJAC726A-1 at SE um which says uh tire retreader well tire retreaders but anyway it says tire shall only be stored in totally enclosed structures or in rolloff containers or trailers dedicated to scrap tire storage. Um tires are transferred to an end market or to recycling center approved to receive, store, process or transfer scrap tires or to a tire facility here and exempted um recycling operations in which scrap tires are received, stored and processed um must be approved, etc. So it sounds like we're on the same track. We want to find out a little bit more about that. Um then further in in what I just quoted which was NJAC726A-1. Uh there is a section which says uh three such persons shall also meet the following criteria. Materials shall be stored in a manner which prevents runoff, leakage or seepage from the

storage area into or onto the ground surface along storage area and shall be stored in accordance with all applicable county and municipal laws and regulations. And I wanted to touch on that and um that's kind of why I'd asked about the environmental impact statement that was brought up earlier because uh this site has a a long history of uh contam as a contamination source for the C1 streams behind it. So I know that those I think the engineer called Oh no, it was Mr. Oler said, quote, "There's nothing behind this building. I would say there's something and it's transition area and wetlands." Um, so two category 1 streams. Um, I also want to bring it back to something I had started off with, which was again that uh this is a Dvariant. So it will be tied to this land in perpetuity. You guys all know that better than me, right? Um but in you know we hope that any business succeeds in Sparta. If this business does not succeed what guarantee do we have that the next business would then utilize this Dvariance and do it in a controlled manner um in the way that I think you guys would try to control this. So just keep that in mind the decision that you're making. you know that um then there was a discussion I think the engineer had identified some sheet flow uh conditions and some some signs of erosion which is not surprising we've had a lot of rainfall but again uh the streams behind um and then going to the history of the site just because

it is it's well documented um uh soil disturbance. So that's the other thing I I don't know if the engineer looked at or the um if yeah the PE for the applicant looked at this but there was significant soil disturbance in effect uh several violations in the past um stream encroachment um to one of the streams is identified as a tributary to Lake Sagenol. So I would urge you to look at that. Um they were issued stop work orders. This matters simply because as you're talking about uh the engineers um suggestions to repair uh asphalt um completely versus patching it and to establish any kind of sheet flow controls. want to make sure that you know if there is sheet flow on the site that it doesn't carry um potentially contaminated sediment because there's identified artificial fill from that siting dating back to the 80s. Um and this is you know cataloged with the township of Sparta uh significantly stream encroachment uh as well as with uh NJP. Um, and then there was also some historic sewage uh spills on the site again behind the property. The reason that this might matter is because uh you're going to have a lot of sheet flow off that site I suspect. Um, and Miss, excuse me, you have excellent questions and comments. Yeah, I'm trying to go through quick. Would you be able to conclude them? just wanted potentially get another person or two and we're aligned in that. I'm I'm trying to wrap it up and just make sure I didn't miss anything. Thank you.

not crucial but uh so yeah again that the that the sloping uh sloping down conditions behind the site are uh concerning and then I did want to read something just from Sparta's own if I can Um, see if I can find it. Uh, it's auto. Maybe you could save that for the next time. Well, it's right here. Uh, recycling guide uh for Sparta Township businesses, institutions, and industries. And in there, uh, it says facilities that collect scrap tires should be aware of proper storage requirements due to the public health risk associated with improper storage. Scrap tires can collect rainwater and become an ideal breeding ground for mosquitoes, carriers of West Nile virus. Therefore, state regulations specify that scrap tires shall be stored in totally enclosed structures or in rolloff containers or trailers dedicated scrap tire storage. You're required to properly recycle your tires. So, Mr. er no doubt would say um you know I heard him say that there were some some opinions about pests and uh you know stuff related to to tires but I just want to point out that even Sparta recognizes that it's a concern um and I will I will yield I guess try to throw a lot of stuff out there and what time is Make a 43. 43. All right. We have about 15 minutes left. Young lady, you can give your name and address to the secretary. Have to swear in the swear in. Lou, do you swear? Affirm the testimony that you're about to give in this match will be the truth and the penalties of perjury. I do. Please state your name, spell your name, and provide us with your address. Kathy

Evan Cowzen, Eb Khn, Sparta. And excuse me, Kathy, just be aware we just have about 15 minutes. If you can be a little bit concise, maybe one other person could I will do my best. All right. Thank you. All right. And some of these may be redundant, so I'll go pretty quickly. I took some notes and as you know, added some questions as the testimony was occurring. First question is, what is the stated use of this application? I've heard a lot of things being thrown around here tonight. You know, trucking terminals, maybe warehousing. I I don't know. I'd like to hear from the applicant what their stated use for this application is. I I can bring them back up and say it again if you like, Mr. Chairman. But so kind, Mr. Sure. Um, one of you wants to Yeah. So, the reason I'm asking is I'm assuming on the application there has to be a line that says stated use. I'm not looking for a description of the operations. I'm asking on the application what is it indicated as picking up scrap tires and transporting out the site is okay. Does that fit on a what this site is on the application? Um, moving on. What zone is this application intended in? ED zone. Thank you. Chairman Lowry, can you reiterate why a D variance is needed? You had stated earlier. That's pretty

simple there. This is storage of tires, trailers, and tire recycling is not a permitted use in that zone. Thank you. That's why they're requesting the D1 use variance. Okay. And you answered my next question. It's a D1. Um I believe I heard during the testimony that a C variance is also being sought. Is that correct? C variances because they're not meeting all the setback requirements among other things. That's a what we call a bulk variance. Okay. Are both variances able to be considered simultaneously by this board? Yes. And approved simultaneously should that occur? Yes. Thank you. Um during the testimony, I believe I heard the planner state no quote no third party goods. Is that correct? referring to their planner. Correct. No third party goods. Did we say no third party goods? Why don't you come down? Come up to the microphone, please. Yeah. [Music] Uh yeah. So, what I meant by that is this isn't an applicant that is taking goods from a a retailer and then resupplying them elsewhere to a wholesaler or something like that. Okay. So, these tires are not belonging to them, right? They're being grabbed, purchased, removed from other sites. Correct. Is that correct? Yeah. Wouldn't that make them third party goods because they are not in the they don't this business doesn't own the tires? Well, I believe I believe I I don't know if they purchase the tires or if it's a service that they

just, you know, kind of pick them up because the, for example, the car dealerships are only too happy to get rid of their use the microphone. So, we can ask them we can ask them that um now or next time. Whatever your preference is. Wouldn't it be a good idea to establish ownership of these tires? I don't know how it's relevant. I mean, you know, there's tires that are being picked up in a box truck that are then being transported into a trailer that is then being taken off site. I don't know how it matters who owns. If this business doesn't take ownership of it, then they can say not my problem and something goes wrong. Right? That's the reason for the question. They are a regulated business regulated by the D. My question is who owns the tires? So what you want me to bring him back up to answer? Sure. I don't know the answer. So why don't I bring him back up again? Thank you. So Angel, when you when you pick up the used tires at places, do you pay for them? Yeah. So just as how you would go to a local tire shop, you pay to get rid of them. The tire shops pay us to get rid of them as well. So, it's a big chain. Do you pay the tire shops? No. There's a service we uh we provide. The tire shops call us. And they pay you to pick up Yeah, they pay. Yes. And when you pick them up, do you take ownership of the tires? Uh there's probably no bill of sale, right? I mean, hard to say. They own the tires. They're just they're picking them up and doing the public. Maybe you can find out, Miss Nola, for the next for the next meeting if there is any type of ownership. So, we can clear it up if you're so kind. Thank you. Um, I heard the material of the uh proposed 8-ft fence being discussed as black sheets, then black corrugated fence. The actual material itself, is it plastic, metal? Can you um

The engineer said that he would bring samples next time. Uh so we'll have more information at the next meeting. Okay. The reason I ask is because we've established this application is in the ED zone. As far as I understand, the ED zone requires uh the aesthetic of a campuslike setting. So I want to recall that for the board uh because if this material is not campus-like, I don't think it should be permitted. And uh the ordinance doesn't either. Um, can you describe how the tires will be transferred from one vehicle to the other? I believe that was already answered. I believe what I heard was by hand, removed from one box truck and moved to a trailer. Is that correct? That's right. So, we back the box truck into the trailer and then they're offloaded by hand. Okay. How long would you say it takes to fill a trailer full of box trucks? Um, about three hours. Tires. They're filling tires. Not tires. Excuse me. I Well, what I meant to say was how long does it take to fill one of those trailers full of tires? How many rounds of box trucks do you need to fill a trailer? Exactly three. Exactly three. And that three occurs on during the course of one day. That's right. And depends of uh how many tires we pick up, sometimes only two trucks go out. So we may not fill up all three the entire day. Okay. And if that's the case, for consideration of the board, we're not allowing storage of tires on this site. However, if that trailer is not removed within the day, technically you are having storage of tires on the site if you have to wait for that trailer to be filled. So for consideration of the

board tire storage um I believe Mr. Otto covered all the ED zone other stuff that I had. Um I'll move on to some additional questions. Um I believe for a devariance there are special reasons which is a legal term and I think it was referred to previously. Um what special reasons are being indicated for this Dvariance? Mr. uh Lynn stated that in his testimony. Mr. Flynn went through all of the special reasons. Okay. How is this property particularly suited though for this proposed use? Mr. Flynn stated that in his testimony. Okay. Uh so what are you asserting is serving the general welfare of this community this community for this application b with your operation? Again Mr. Flynn identified several purposes of zoning that this uh application would satisfy. That wasn't my question. Mr. Roller. Well then can you repeat your question? My question is, what are you asserting is serving the general welfare of this community with this business operation? Right. And Mr. Flynn testified that the recycling and I, you know, I hate to put words in his mouth. I can have him come resay it again, but essentially he was saying that the, you know, this is the front end of the recycling uh process and that that serves the general community as a whole. and the general welfare. But I can have them come up the community of Sparta, you mean? Well, some of the tires are picked up in Sparta for sure. And they serve the general public and then they're you know the the the end product is used in high school tracks and in uh you know other recycled materials that come from tires and they

end up all over the place. Sure. I understand what you're saying. I believe I understand what you're saying in general, but I'm asking how it serves the w general welfare of this community because this application is here in Sparta in this community. So your answer is general and meaning it doesn't serve our community. It does serve it serves the community. It serves the state of New Jersey. It ser it serves Sparta. Again, some of the tires that they pick up are are all local to Sparta and Sussex County um and beyond, frankly, because you know, they do have other sites as well. So, it's a it's a use that serves the public. All right. Excuse me, Kathy. I have two left because I still have to open it to the public that have questions on items not on the agenda tonight and we only have a few minutes left. If you can speed it up or save them for the next meeting. Okay. So I will I I will end with I assume you'll be back so we can cover it at that point. I will end with reading an email then if I can find the email. Okay. One thing I want to point out to the board is in my search for your emails this evening on the website there was no place to find your emails. Okay. So, I'd like to ask the board if that could be rectified on the website because what do you think about that? What emails are you referring to? Board members. The board members um I the board members emails are not I don't think are put on put up publicly. You have the right to make an Oprah request for and and the and the clerk will make a determination whether it's operable or not. If you're referring to the uh uh police report, um you're not okay. then I I don't know what emails you're referring to. So, let me let me give some more additional context. The reason I'm asking is because I have friends and neighbors who wanted to be here tonight

and could not be and wanted to have their words brought to the board. They would like to have submitted those comments to the board members prior to this meeting. No, I'm sorry. The the board can only accept live testimony here. Um any writt anything anything written anything petitions anything you bring in is not evidence that can't be submitted to the board. Uh as far as notice of the meeting under the municipal land use law the applicant is required to send out notices mail notices by certified mail return receipt certified mail uh to anyone that owns a property within 200 feet of this property. They're also obligated to Thank you. That wasn't my question though. And I'm and I'm out of time. Excuse me, Kathy. Yes, we have to adjoin in three minutes. Everyone knows I'm adamant about it. We're volunteers, but please please come back for July 9th and anything you need and information on meetings. It's usually posted on the bulletin board and the website and the agenda and Marissa can certainly say when the meeting is and what's going to be on it and etc. So, all right. I appreciate it. But make sure you come back for July 9th. It's now closed the hearing to any questions. That was uh All right. The we're we're the the matter is being adjourned now uh for this hearing for this hearing. It there's going to be it's it's being uh continued on July 9th at 7:00 p.m. here. There will be no further notice and uh or publication. So if you want to come back, July 9th is the day. And then please was there that's not right. That's the format here. And there was no questions about items not on the agenda tonight, I would assume. Correct. Well, maybe could you save them for for the for the next one, Joan? Because we only have three minutes. No, no, this is

I'm I'm not going to ask any questions regarding the application. I just um wanted to I scoured Joan Ferman uh Westshore Trail. I scoured the website looking for documentation um you know and looking for the application can't find it if you go to planning board or town counsory about that we she did it on when she started here she did a Gmail account and started posted for the planning board but her and I are definitely going to be setting that up for the zoning board so I could start putting these kind of applications on there for so that the public can see it. I just wanted to maybe before the next meeting so we could get access to the documentation. Yeah. No. Yeah. She's just we have to just set it up. Okay. Okay. And then just one other quick thing. Um now I'm speaking as planning board chair. Um I just want to address something Mr. said earlier. No, no, it's not it's not this, but um No, but I mean you know the way I am with adjourning at 10 p.m. That clock is slow, right? What's the real time, Michael? 58. 58. 58. Can you do it in two minutes or I can do it in 30 seconds. 30 seconds. Go ahead. Um he as you know he's our conflict counsel and we certainly the planning board certainly knows that um he represents many clients. I don't recall him uh representing saying that uh this particular application elite um was known to the planning board. If you did I'm sorry but I just want to make it clear that the planning board has no association with this application. That's all I wanted to say. Thank you. Thank you for that Joan. Okay. Do I have a motion to adjurnn? Chairman Lowry, just because for the sake of efficiency going forward, I'd like to make a motion that we would limit public comment to 5 minutes uh to be consistent with the town council. And I I'm not sure if the planning board has a similar thing, but I I didn't feel like I could ask enough questions. I didn't have enough of the public ask questions. Some people I want to be even give everyone a fair chance. Times landing will do that. And as you know at town council they go f five five five

minutes but it'll go to 10 minutes 15 and they still have to be questioned to stick to the time limit but they don't. We could do that as an official I don't think we have time to debate limit that but we'll try that. Okay but let's take an adjournment now for this meeting. I just think it's something that could be considered. All right. Sure. Do I have a motion to adjurnn? Second, please. All in favor? We're adjourned. Thank you. Thank you for everyone for coming.