Transcript for Piscataway Zoning meeting on October 22 2020
Note: Transcripts are generated by rev.ai and may not be fully accurate. Please listen to the recording (below) if you feel any text is inaccurate.
Speaker 0 00:00:00 And then question is coming for it's opt-in Bob's here. Okay. Let's start. This zoning board of adjustment meeting will please come to order quick notice if this meeting was provided in the following ways, notice published in the courier news notice published on the Bolton board. Up at the municipal building notice made available to the township clerk notice sent to the Curry news and the star ledger will the clerk please call the wrong Speaker 2 00:00:28 Mr.Minutes for Piscataway Zoning meeting on October 22 2020. Mr. O'Reggio. Mr. Weissman, Mr. Zimmerman, Mr. Patel and chairman Cato Speaker 0 00:00:40 I'm here. Well, everyone, please stand for the salute to the flag And to Republic one nation under God, indivisible with Liberty. Speaker 1 00:01:04 Yes. Speaker 0 00:01:11 Mr. Kenny, are there any changes to the meeting? I am not aware of any changes to the agenda at this time, based on the information I'll proceed. First application is number five 20 dash ZB dash 48 8 Miller Realty Is Mr. Magellan. Speaker 2 00:01:32 Yeah, he has to unmute himself. He's talking. Speaker 0 00:01:41 He's got a mute. Speaker 0 00:01:44 Sorry, everyone. Mr. Chairman members of the board, or did he think rich bond Kelly on behalf of two Miller Realty, LLC? I should be joined by one of the members of my client, the applicant Mark Bass Berg and David Becca is a, an expert witness. And Dan Doren is our planner as well. Okay. I hope they're all here. Yes. Okay. Thank you, Mr. Chairman, this is an application for certificate of non-conforming use this property. So typically with these applications, we present lots of utility bills and leases and documents that show this use from a point in time, in my 30 years, I've never done a certificate of non-conforming use going back 70 plus years. So it presented a couple of interesting challenges. COVID of course doesn't help getting documents, but just getting digital copies of any documents. Pre 1953, the kind of relevant date was very challenging. Speaker 0 00:02:59 So my plan was and will be relatively brief. Our plan was to kind of bring up our survey, show you the property, show you the origins of this development, which goes back to 1902. Walk you briefly through the chain of title, cause it'll show from 1950 until my client acquired the property in 2016, that the same three, lots of approximately 7,500 square feet have been conveyed. I think four or five time, only four or five times over the last 70 years. And it's the same lot, the same size. And the tax assessor records will show a couple of recent one from 1956. We'll also show an identical footprint of the building from, from the fifties and as shown on the current map, the tax records of the township as well. And then our construction expert, I have the board will accept him. And as an aside that the township records also reflect that this building was built in 1914 and our construction experts testimony will support that. Speaker 0 00:04:11 What, what the board sees now, other than upgrades of technology and HPAC and roofs, that this is essentially the structure that's been in place for over a hundred years. And so if that's okay, I'd like to start with just if, if, if it's okay, Mr. Chair, just get up on the screen and a couple of the documents and then let my construction experts I'll have him sworn and absolutely. Okay. Before we proceed, Mr. Chairman, Mr. . I recognized Mr. Bays Berg, and I need to advise that I previously represented Mr. Batesburg in an application. I believe in Sayreville. I no longer represent him. No money is due and I'm not aware of any conflict between the two of us. I don't believe a conflict exists, but I need to advise you so that you can consult with your client. We have no objection. Thank you. Thank you. Thanks for bringing that up. I appreciate that. Okay. So then what I'm going to do is start with our first document. And then I talked to Laura about this and said, I hope I can do this is it's usually our experts that do all this great work. Okay. So Lauren is there now I have to share this screen. Yes. Speaker 0 00:05:42 Laura, you muted? Speaker 2 00:05:47 Yeah. I believe just go on a computer and hit the share screen shares on the bottom, Speaker 0 00:05:53 Right? Okay. Okay. I have to put your mouse or this three in a green bottle and shoot show up in the middle of the bottom of the screen. Speaker 0 00:06:23 It's not Speaker 0 00:06:32 Giving you that. Here we go. Okay. Here we go. Okay. Does everybody see that survey 35 years as a lawyer? Can we mark that as, how would you, like, I guess the application's one. Oh, is this part of the package that you submitted as part of your application or was that does not need to be marked separately. Okay. The board all has copies of it. Okay, good. So as I indicated early on, this is the survey that my client got when he purchased the property back in 2016. And I just wanted to give board the board context. And if you see, you'll see a reference to this is part of the original rock view Heights building watch from night moved to, and this shows a lot with three tax, lots, lot, four, five, and six, which changed over the decades that represents approximately 7,500 square feet. And then, like I said, we want to show you again briefly just the conveyance chain of title. That's going to show this entire tract, moving into ed stank, stank wits in 1950. And that's operative because that's when the tax documents we have that I think support firmly support this application. So that is our survey. And Speaker 0 00:08:08 So then I'm going to bring up our chain of title and this is not something. So this will have to be more cause we do not. This is just some additional data that we've put together in, in anticipation of this. So if I could have this marked council and marked as a one with today's date, October 22nd, and you'll have to prepare a paper copy and submit it to the zoning board, I will do. Thank you. So again, this is showing the original and you'll see, in the bottom of the three, X's where the a C is. And those are the three locks that were created in 1902. And that are the same blocks that are currently where the four unit apartment building is. And this is the first deed that was sent from Christine and Charles and voicey into Mr. Stanko wits in 1950. And again, I'll show you the importance of this date. Speaker 0 00:09:14 This is as far back as our chain of title could go. I share this with the board because as you'll see, it's the same 7,500 feet. And I certainly don't expect you to go through that, the meets and bounds, but you'll see it's a 75 foot by a hundred foot showing the 7,500 foot track since 1950, certainly well before 1950, but it goes into this party in 1950, Mr. Stanko, which then in 1968, subsequently conveys the same three locks who a Lee AEMO's in 1968. Again, the record showed the same 75 by a hundred same meets and bounds, same lot and block numbers. And then that is owned for, until Brenda AEMO's in 2002 conveys those document, the property, and again, the same 7,500 square foot. So it's owned for nearly 35 years in the ambulance family, lots the same footprint, and it's conveyed to canard and Rosa Wilson. And again, this one's a little illegible or clerked notes that, but again, it's the same 75 by a hundred foot lot conveyed. Speaker 0 00:10:39 And then I'm just going to switch over to our second chain of title, which brings us into the 21st century. And in it was owned by the Wilson's until 2016, at which time they conveyed again, the same 7,500 square feet to a Veronica cats in 2016, who later that same year conveyed the property to my client. And again, same three locks, the same, same size, again, the same here at the bottom. We'll see the same three lots. And that again is into 2 million guilty in September of 2016. So the reason we share this with you is because it's significant that this lot hasn't changed its size. It hasn't been an accumulation of locks patched together, and the footprint that we'll show you next, we'll explain that in a little bit better detail. What I'd like to show you now is some current documents from, and I'm going to work back in time with just a few documents. This is the property detail from your tax assessor's office. And if we can mark this as eight two, and I will provide a hard copy to Laura after the meeting and Ms. Property detail. And if the letters are small, bring your attention to the additional information, the land description, 75 by a hundred building description, eight two story frame, four family unit is how it's described and in the upper right-hand corner built in 1914. Speaker 0 00:12:24 Is there a date on that document? Yes, there is. And this is generated when you bring it out. So it shows a cell council 9, 8 16, it's updated February 3rd, 2020, just above that. If you see where they have the prior block prior lock, that's updated as of 2 30, 20, that's come from the Piscataway tax assessor's website. And then if I could walk you through another short document, and this is what's called a property report, and again, this comes in generated by the tax assessor's office. And if I could draw your attention to the upper left-hand corner, again, 75 by 102 story frame, four family dwelling, and again, built in or about 2014, excuse me, 1914 does not need a separate marketing or is that part of the eight to, I don't make this a three. Thank you. And again, I want to, I want the board and like construction expert can refer to this, but you'll see, as part of this report generated the tax assessor, it shows the footprint, they call it right above in this box, the sketch of the footprint of the building. Speaker 0 00:13:49 And you'll see that it's identical to a similar report. We'll show you from 1956 and consistent with the testimony that our construction expert will give next, the next document. And these are just in terms of dates. This is a certificate certificate of inspection from the state of New Jersey DCA from an inspection in 2015 showing it's a four family multi-dwelling unit that has to be re registered with the state of New Jersey DCA. And that will be a for, yes. Please say I, I should say that before I go into it, I apologize. Let me, let me go to 85. And that is okay. So this is a five and this is probably the most significant document. And let me go. This is a two-page document marked as a five. This was provided by it. Support is the email you'll see from Piscataway township. So somebody who's got technological skill was able to retrieve this for us from the digital archives. Speaker 0 00:15:04 Now you'll see that this is a 1956 reevaluation from the township. And as I said earlier, you see in the upper left-hand corner, ed stank lids, which I apologize for beating up his name took title in January of 1958. Okay. And if you go down to the middle, you'll see again, the same lot size of 75 by a hundred. Then as we go down, I draw your attention to the sketch in the middle, which is the building measurements and essentially identical to the 2020 diagram we provided and identical to what is discussed in our report and significantly. And so I'll, I'll, I'll blow this up a little bit. If you see here in the upper left-hand corner occupancy, a four apartment dwelling, and at the time this was done in 25th of excuse, excuse me, 1956, the age of the building was already 30 years old. So I think that's significant. And that's what helps us bridge this 70 year impossibility to show, we think this clearly lays out that this footprint is identical to that which exists today, exists on the tax records. And in 1956, this dwelling was already 30 years old. Okay. And then, so then I'd like to see if my expert is online. David, are you with us? Yes, I is. Counsel. If I could have David sworn and then we can offer his qualifications and see if the board will accept him as our expert, Speaker 3 00:16:48 Sir, could you raise your right hand? You swear the testimony you're about to give shall be the truth, so help you God. Yes. I know I have your name and address please. They have Vegas 4,500 lane Skillman, New Jersey. Speaker 0 00:17:02 All right, council. Thank you, council. And the board should have a copy of in our submission of a multi-family occupancy report that Mr. Becker has prepared dated July 2nd, 2020. And I can certainly bring it up as well. If David, if you'd like me to do that, I will do that. If you can first share with the board, what you do, your background, your experience, Speaker 3 00:17:30 Please. Sure. I, I have often been called upon to provide expert testimony to primarily my businesses, construction defects and construction issues. However, I have done quite a few of these dating at buildings. I've already been qualified in southbound Brooklyn, Franklin township. And recently six weeks ago, I did a very similar pace to this in Woodbridge and was qualified there. I have a lot of experience of working in older buildings. I've been a lot of work in Franklin and Brunswick and buildings built from the 1910 and 1920s, plus my own independent study and work that I've done over the years, Speaker 0 00:18:11 Mr. Chairman, we would submit Mr. Becca as an expert in the construction field and with the ability to give an opinion as to date of construction and nature of the dwelling. Satisfied. Thank you, Mr. Chair, David, I've got an I trust the board can see the report that I have on the screen. Yes we can. Okay, good, David, please walk the board through what you found, what you did and how you come to your conclusions. Speaker 3 00:18:37 Sure. I, I was provided with some background information on house. I was asked to see if I can date the house by looking at as construction. Typically we look for alterations changes, anything that would indicate how old it is. This house ended up being fairly easy to date. And my primarily because the rear porches, if you scroll down, that's all good stuff. This is, well, this is the front stuff. They to stay right there. Let me backtrack. Let's just follow the report in order to, we'll get to the thing on the front, on the front. What I look for is major alterations. Things that would indicate that this building was changed from its original construction, other than typical things like the porches obviously are not from 1914, they've been updated, but there was nothing in this indicating that this building was older in any significant way. Over that time. That is what it appears to be is pretty much what it is from the front. All on all appearances. Keep on going down again in 1914, very unlikely to have any electricity, but having five meters on the side certainly indicates multi-family use for, for the units. One for the owner, this is a fair, these are fairly modern meters. They don't address the 19 41 14 14 issue, but they do address the multi-use of the building will be family use of the, Speaker 0 00:20:08 Can I interrupt one second, add to the meters? I think you've answered the question. The, the obviously is a medium for each apartment. And you said the fifth meter is for the owners. Speaker 3 00:20:21 That's correct. Pretty much almost any you buildings over two family would have an additional meter to how many actual occupiable units there are because the owner is often a re has to pay for common elements, whether it be lighting, fire, suppression, security systems, things of that nature, the owner would be separately responsible for the cost of that. And hence, you'd have a separate electric meter. One, the actual occupancy of the building Speaker 3 00:20:57 Here in the back. We can see the four, the four porches, two, one of them, two of them combined. And again, it does match pretty much precisely. I didn't measure it, but it, it, it matches precisely the drawings that you provided on the sketches from earlier 20th century, there's no indications that these were changed. The porches were changed. The steps. I shouldn't have the portraits. I'm sorry. The steps are not from 1914, there were more modern construction, but that is typical. And to be expected on a building well over a hundred years, very unlikely that the steps would last that long unless the Romans built and everything in my report. And pretty much anything else you could talk to about this, this tin ceiling here is a giveaway that this building was built prior to 19, or at least in the 1920s at the latest. Speaker 3 00:21:53 And it makes perfect sense. When we went inside the buildings there weren't, these ceilings were not present again because of the age of the building, very likely that they were torn down or covered up. They may even still be up there and buried. We find that very often. However, when they were doing the renovations, they probably wouldn't do the porches because why do any more work than you need to do? And it's the same minor reasoning. No one would apply in a current really expensive application of, of attendant ceilings that just the rear porches, the print of the likely fellow was the, Hey, I'm not going to do the building, but I'm going to do these porches back. So it makes great sense. And these, these ones, we call it tin ceiling is dating this building and these four rear porches to the, at a minimum, the 1920s and very likely of course, 1914 when the building was originally constructed. Speaker 3 00:22:50 And we'll one more here. We just see the crystal knobs for the doors. Again, they stayed, they stayed prop popular through the thirties. You could still buy them. I have on the, my house, but typical construction. They were very popular early 20th century, right through the thirties. It was after world war II during world war two, where all the metal became more popular. But if you, if you did a lot of renovations on houses in Franklin Brunswick house, those houses were built pretty much in the early twenties, late 1910s. You saw the, all these same, same knobs, the same thing that can see the key hole and had a key and said, you know, there's a mortar slot, very typical of early 20th century construction. You know, there's no doubt in my mind that these particular doors were from that time. And combined of course, with the porches, which I already thought about. We are looking at a, at a building Speaker 0 00:23:45 That's been in this condition since 1914. Does anyone have any questions of our expert and went on the board, have any questions at this time? You ain't none the next witness. So at this point in time, we've applied for the pre the certificate of non-conformity. We've asked as, as an alternate, if the board were not inclined to grant that for use variance, does the, we do have our planner to testify as to the use variance, if needed. And, and I wonder, Mr. Chair, if you want us to put that testimony in now, or have the board or pull the board on whether we need to go further, I'll leave that to you. Mr. Chairman of the board may want to miss Mr. Coogler, whether or not based upon Mr. testimony, you want to visit the site to look at the items that he has described. If you do, then you would call for a site visit and you could then discuss with the applicant, whether or not he wants to put planning testimony on tonight or at a future meeting after you have had your site visit. Speaker 0 00:25:14 I'm glad you brought that up because I would feel confident if I could have a site visit, like, like you just mentioned, so we should hear that test on him. Yeah. Well, we're all here. So if I can just inquire how that would work in terms of logistics, we just come back to the next meeting or would it be, how would that work counseling? You would come back to the next available meeting, which would probably be in a month. And the board in order to avoid violating the open public meetings act would do a site visit with less than a quorum at each visit. If they want to enter the premises, then your client or a representative of your client would have to be present to let them into, I mean, for example, you showed the interior the porch, but they would make a range. They would make arrangements through your office. Okay. That's fine. We can, we could make the property available. Speaker 0 00:26:18 So counsel that we should put the testimony for me the, on the record for tonight plan. Well, it's really, since you're going to do a site visit, that may raise additional question, good point. It may be beneficial to put off the planter's testimony to the next meeting and also bring Mr. Pegas back so that he can answer any questions that come up during the site. This is that okay with you. So in jelly, if that's what the word would like to do, that's fine with us. Yeah. That's what I'm going to recommend at this point. And Ms. Buckley, what would be the next meeting date? November 12th, November 12th. So Mr. Mandela is, is November 12th available for you and your clients? I think we'll make ourselves available. Absolutely. Yes. So Jeremy, you may want to open it up to the public at this point to see if anyone has any comments. And of course, after additional testimony in November, you would have to open it up again. Understood anyone here in the public. Have any questions about this application, Ms. Buckley, you see anybody? Speaker 2 00:27:29 I did not see any Speaker 0 00:27:30 Hands chairman. Okay. At that point, the public portion is closed. Okay. So anyone here on two Miller Realty application this matter is going to be carried to November 12th, 2020 with no further notice by the applicant. It is anticipated that word members will conduct a site visit sometime between now and November 12th. And at the November 12th meeting, they would put their findings on the record. Okay. Thank you very much, everybody. And then I guess Laura, we'll reach out with some dates and, and we'll, I could put in contact with our property manager to make sure we can get access to wherever they need to say. Yes. That sounds appropriate. Okay. Thank you very much for your time. Thank you, sir. Have a great night. I mind let's move on at this point. We're looking at number six, 20 dash zero dash 67 V star hotels, Mr. Chairman. Yes, sir. Smith representing star hotels. Speaker 0 00:28:38 I am a licensed attorney in the state of New Jersey, and this is a little different than your normal applications and slate temporary use permit. And just as a refresher. And if I go astray, I'm sure Mr. Kinneally will correct me. This is a different kind of an animal. And the story here is that it's, it's really not a planning and zoning application. It's an application that allows the township to achieve certain goals and objectives. In fact, the testimony that were present will basically be economic hardship and employment, and a couple of other things. But the, the moral of the story is it's not the normal land use case. If the board is kind enough to grant the temporary use, what that does is to put the applicant under a, an obligation, come back to you with a full site plan within six months. All right. And I will tell you that we are here really at the recommendation of both the touch of administrator and Mr. Clark, and because of a number of incidents that occurred during the summer and the property that I'm representing is 21 Kingsbridge road, affectionately known as the Radison. Alright. Or now star hotel. But the, and I have one, one witness site that's Mr. Sonny child re and probably the best way to get the story on the table is that Mr. Child re sworn so they can give testimony, can you raise your right hand? Speaker 0 00:30:34 Do you swear the testimony? You're about to be the truth so help you God. Yeah. So I got the link up though, and, but I don't know if they might change that or not. It's midnight, I'm in the meeting now, but, but I don't know if they got to my case. I can't find him. Mr. Chapter two was here earlier this evening. Yeah. So I guess my, I assume I'll find it over there though. Does anybody know? Who's speaking Mr. Livingston. Okay. So Mr. Chaudhry, boom, where you employed and in what capacity? The gentleman again, and the star hotels. Speaker 0 00:31:24 Okay. And how long have you been in that position? My first name, Lyman Hills, November 1st, 2007. All right. So you you're thoroughly familiar with the operations at the hotel, correct? I referred to some events of the summer and I'm going to summarize them and you're going to tell me why, where I'm wrong. All right. The events were that as any hotel business in the middle of the COVID pandemic, you were doing your best to make a living for the hotel or to make it have a profitable hotel. Is that true? All right. And how many people and the way you were doing that was through basically through outdoor dining and oh, business was groups and diamonds. Okay. And you add 10 set up, did got all the permits for the tents, et cetera. And we're going about your business. Okay. Now, in the course of your activities at the hotel, there was a need for storage. Speaker 0 00:32:39 Yeah. And what kind of things where needed to be stored and what was the proudest story then inside the hotel before Vail. And I'm sure we have discussed this, but I'm going to give a detail. And the hotel has zero storage unit. It's a 406 north hotel and about 12 to 13,000 square foot banquet space, but zero storage. We don't have DDoS. All right. So generally, what, what did you need storage for banked with James by weekend accommodate up to a thousand people in normal circumstances. Right now we are at one 15, but it's been neat to have afforded capacity at some stage I was in jazz about a hundred tables stages, obviously supply London at let's say Nunes, or if we do a thousand feet indoor outdoor, if I'm paying, I'll be drafting the federal and sheriff roads, all of them. Okay. And okay. Speaker 0 00:33:44 As a result of that, one of the ways in which you dealt with the problem was to store this equipment in storage trailers. On-site correct. Yes, sir. Okay. And now we get to the, the, the events of the summer, they, as a normal part of the town's review of, you know, applications for the tents and whatever is you're going to do outdoors inspectors noted and correctly noted that we had a lot of storage trailers on site and the town came out and said, you have to get rid of this outdoor storage. And you did as a result of that, the operation was closed down. All right. You're you're you got a, an order from the town to close down and in the intervening period, you worked with the town to clean up the outdoor storage, correct? Yes. All right. And as a matter of fact, originally, I believe you had 13 trailers, on-site 11 trailers on site. Speaker 0 00:34:53 And since then you've worked with the town to remove seven of them, correct? Yes. So you're down to the last four storage trailers. Yes. Okay. And the town made the suggestion that we should consider this process. One of, one of the major reasons for considering is the economic impact, not just on the hotel, but the employees that work there, how many people normally work at the hotel? So March 24th, we had 170. Okay. And how many people are currently employed? We have mines, I'm sorry. Nine, nine. Okay. You had, you had to let them, you got a furlough. The correctly, we got ran me actually bid thing Ben from it wasn't the same day at that time, even we had bring before, but because the operation is not from new Hartford, we had to let go more stuff about employees and the running on bare bones. Speaker 0 00:35:55 Okay. And the point of the temporary use application is to get, get the business going as far as it can in the middle of the pandemic hundred minutes. Okay. And I, I met, I, I mentioned that, or I asked, I asked Mr. Choudhry and mentioned that is that if you look at the criteria for a temporary use permit, it's not about land use issues. It's about what is, is there an immediate impact on community? Is there a need for something to be done? And Mr. Chari, you understand, after talking to representatives of the town, that you're going to be bound obligated to come back to the zoning board within six months where the full site plan is that true? Yes. Now at that you probably will be asking for the four outdoor trailer storage locations, but you're probably also going to be asked to do a lot of other things to the site. Speaker 0 00:37:01 And you're aware that that's probably going to be the end result. Yes. So we are only in the process of getting the flight plan, starting with doses. Have you hired an engineer? Yes. And we are working with all right. There were very well known to the, to the town and the members of both our planning board and, and zoning board. So you do understand if you are successful tonight, you will be coming back within six months with the full application. Correct. And by the way, the old application, just so you know, is a very, we found a copy of it. It's Wyndham hotels, and it literally was done decades ago. So I think, and I'm just reading Mr. Carson's mine and Mr. De sees mine. I think they see this as the first that the applicant has worked with the town to do an amazing job on cleaning up the property. Speaker 0 00:37:58 But number two, they see it as an opportunity to get the full site plan in before the town and the town boards. And to make sure things like, you know, if there's a need for a repair to the parking lots, or if there's a need for additional landscaping or Whiting, that all of those things can be reviewed by in this case, it will be the zoning board because by applying to you for a temporary use, you now have jurisdiction on this. So it's, this is pretty straightforward. There is a pretty significant impact on the community as well. Being Mr. Choudhry wants to get his hotel up and running as far as he can with the virus. And he's already retained the engineering and do a site plan. So our request is that you grant two star hotel, a six month, a six month temporary use permit, in which case you'll be back. Speaker 0 00:38:51 And he'll be a subject to the full review of the board and the staff. And at the end of the day, you're going to have a, an even better hotel than you have now. So that's basically it. And then I think we met the criteria of the, of the ordinance, which is very different than a normal land use ordinance. And we'd ask that you not impose any conditions, honest your child re at this moment around the hotel at this moment, you could say, I'll may change. You know, when you do the site plan, you're going to review all the landscaping. You run a review of the parking lot and, and Mr. Chavarria, you've done a lot to the site already. Would you describe to the board what you've already done? Yeah. So, so all the same before fam about that, how is this done from anything late now, before then? Speaker 0 00:39:47 Abrao there in one, I can bet that going days we've been up 5,059 square foot of means the sidewalk. We dug it up and we put in grants in the building. If you believe me, don't believe me cleaned up the back means and shrubs, we then Jane, any landscaping as like we've just added Nick native lean towards 2 87. If you see it before that, after the huge, big difference, I am sure that often downshift would have been visiting us, have been complimenting us and on shore. But the board is aware of that. We dead in front of the building and did a lot of tenures as far as landscaping. And like they manage all the branches with down or dumbing down the green that out. We have completely fainted. The now I could, if allowed, I could send you pictures that defending has been completed and dented come outside once again. Speaker 0 00:40:59 I don't know that that's necessary because as the key element of the case, we've indicated the impact on the community. And this is the plan that the town has given us to make sure that the site is fully at its best. And Mr. Choudhry is, who are agreeing to come back with the site plan application to the zoning board within six months, correct? Yes, sir. Okay. Mr. Chairman, that completes our case. Okay. Mr. Smith, could you address Mr. Hinterstein Tober 20th, 2020 report? I could, if I, you know what I had here quite me to go, I can't find well, we have Mr. Hinterstein. So Mr. Hinterstein, can you go through your report if you would want one item at a time? Speaker 0 00:41:51 Okay. So the, I remember one which I think you've talked about, which was the, regarding the testimony, why the containers are needed. I think that's been covered. Yes. We haven't talked about the length of time. I believe in, you did mention you're coming in for six months. The applicant came in six months, right? Okay. And, and then really either I items that I talked about in the report where some of the items of disrepair on the site, some which I feel are safety concerns. There, there are some, again, the missing landscaping. I don't have a problem waiting for the site plan application, but currently there's a lot of broken pavement throughout the parking lot. Somebody coming to your hotel, we're going to step out of a car. They're going to either trip or fall in a pothole in that parking lot, because there's several areas where the black top is in a very poor condition. Speaker 0 00:42:47 And I have some, you know, concerns about that. The other item was the fencing. There's some fencing around the property that is again in disrepair and falling apart. And it could be a safety issue because it's in such bad shape that it looks like a strong wind came through. It would, it would just blow some pieces over. It could be that panels were removed. For some reasons there was to put some of these storage trailers in, but there's, there's some other areas where this wood fence exists and it's in poor condition. Again could be a safety concern. And I'm concerned about residents, especially in a hotel environment, walking through, broken up parking lots. Again, they can be fixed temporarily. I'm not asking you to mill and, and, and repair the whole parking lot at this time. But I think it should be made safe. That's the key word. So, so on the, let's talk about the parking lot for your issue is with actual potholes, correct? Correct. Actual missing pavement and potholes. Speaker 0 00:43:53 I'm sorry. I missed the first, but I got the pothole. What would you say before? large chunks of broken up pavement. All right. So Mr. Choudhry the concern that Mr Hinterstein has is that we do something temporarily there and it just runs that long. I've been guest famine has been completely weaned down, so there's no more potholes onsite, no pavement walking. right. How about the actual parking lot? The I'm going to go to a game we have done from odd roles. We will rebuild it tomorrow morning so we can, we can do repairs. And they're asking that we do this during the intervening six months act immediately. If we can do it. How about, I'm sorry. I'm fucking in the long run. We do plan putting in a new. Okay. And that'll be probably beyond the new site plan. Yes. Okay. How about the, the, the wood fence? Speaker 0 00:44:59 Is there something we can do repairs? Not necessarily. I went through all my sense and because we are painting the fence, as we are doing the building, we have to match the fence, that variable right at the RDU, the spec, maybe this inspection was done a couple of weeks ago, but I only found one space where my duster is. We have these friends needs to do the bed. So I will again, look through, I went through my fence again today. We are actively fixing it so that you can paint it. The only fortune I found with the extreme need to work on is where my dumpster. Okay, welcome, Mr. Henner needs. Hinterstein said so can we inquiry? We will make that, that fence repair at the dumpster a hundred percent. Okay. Mr. Hinterstein, anything else in your memo? No. Nothing. That is any grave importance of that. Speaker 0 00:45:55 Couldn't wait the six months. It was really the broken pole and the dilapidated fence areas. All right. So we, we are agreeing to make repairs to the parking lot, especially any potholes. And we will repair that piece of the fence. That's near the dumpster. And if there's any other major problems, you know that it's there, Hinterstein sees, we'll be happy to consider it. Those appear to be the two, the two things that may need to be done for safety. That correct? Mr. Chavez? Yes, sir. A hundred percent. Okay. Well good. Does anybody else, any other members of the board have any questions Mr. Chaudhry, Mr. Ju I'm sorry. Speaker 0 00:46:43 One is, well, did he answer the question on what the purpose of the Dan is? Where I just commented that it seemed like a logical place to put them given the fact that they're now facing 2 87 and the parking spaces are the inventory of barking decreases slightly, but in the basic conditions of delayed means anything. That was it. Thank you, Ms. open it to the public bedroom. Yes. Mr. Gerald, and one of the public here. Have any comments for this application or this witness? Ms. Buckley? No, sir. Okay. Same non-public portion is closed at this point, I would make a motion to approve this application. And the six months that the applicant was requesting, I get a second application was asked by myself and who? Second fish competition. Thank you. So will the clerk please call Speaker 2 00:47:49 The roll, Mr. Tillery? Speaker 0 00:47:53 Yes. Speaker 2 00:47:54 Mr. O'Reggio. Mr. Weissman, Mr. Zimmerman, did we lose Mr. Zimmerman? I don't see him. Mr. K chairman. Can't help. Yes. Speaker 0 00:48:16 Your application's been approved, but we realize that at our next meeting on November 12th, my name I agree. Speaker 2 00:48:26 I said Mr. Patel. Thank you. Kalpesh. Speaker 0 00:48:31 Thank you, Mr. Chairman and members. How have you have a good evening. Thank you. Thank you. Let's move on to item seven 20 dash DB dash 30 X slash 39 V. Francis Parker Memorial home is to chairman for the record. My name is Bob Smith. I'm a licensed attorney in the state of New Jersey, and I'm here tonight representing Francis Barker's application yesterday to make a a hundred percent clear. This is the Francis Parker at 1421 river road. It's block a 1, 2 8 0 1 wide four in the zone. So, and if you we've probably been before your board on a number of occasions, Francis Barker has been here for a long time, serving the elderly. And over the years, this is both this facility and the others have been amazing successes. We're here tonight to talk about electric power. We need to replace the generator that services Piscataway and my clients will tell you the reasons why, and we need to build them an additional generator, which is a power for the Highland park side of the property and the bin scatter. Speaker 0 00:49:55 We decided we have skilled nursing nursing care on the hymen Parkside. We have congregate care for adults with that being said, Mr. Chairman, I have three witnesses. I have NEF or, or alive from Francis Parker. And with Josh Hanrahan are licensed professional engineer. And then finally, Jim Kyle who's our planner to provide the justification necessary for the misbelief swap. So that being said, I'd ask that NEF or Eliza be called and sworn. So they didn't give testimony. Who would you like to call first, Mr. Neurolizer down at the up, he just got moved, so I couldn't see him so airy, sir. You can see me now. Did you raise your right hand? Is a testimony about to give, should be the true self you got, I do your name and address please. By name, sniff or lesser. I live at 10 17 Potter avenue, union, New Jersey, 0 7 0 8 8. Speaker 0 00:50:59 Could you spell your last name please? All R I L L a Z a. Thank you, Mr. for the record by whom are you employed? And in what capacity? My name is nevertheless, I'm employed at Parker of Francis Parker. I've been at Parker for 30 years. Okay. And what's your actual formal title? I'm the director of resource management. So would it be fair to say that you're very familiar with the operations in Piscataway? Correct, sir. Okay. I need it. And I know I don't need to do this, but I can't help myself. If you wouldn't mind taking two minutes just to tell the members about all the good things that Francis Parker does in our area of central New Jersey Parker is a not-for-profit organization in New Jersey, serving the elderly for 113 years. Now. Barker operates in Somerset county. We have a nursing nursing period there and post a good facility. And in Middlesex county, there are three nursing homes, one assisted living facility through adult daycare programs, community. We have services in a wellness center. Okay. And you're in Skagway, Highland park, new Brunswick Monroe. And if you go out of the county, you're also in Frank rep, correct. Okay. Speaker 0 00:52:25 So I, I mentioned in the introduction that we're trying to take care of our electric generation needs with the replacement of the Piscataway generator and a new generator that will serve as Highland park. Why are we doing this? What's the reason for, so we experienced the power outages, especially when, during some hurricane Sandy, you want to make sure and put our arrogantly to have a support and care because they are at risk Parker standard. It's the book that they be about and the wellbeing of our elders first. And although not required by last names, your regulations, but practice for life safety is the best practice to put in third building on generator, by putting each building on full power generator. We could continue to provide air and service this without interruption, our elder, no, it will operate our mechanical equipment for our elders comfort, maybe such they have a concentrator or two custom spectator. Speaker 0 00:53:32 We have AirMatch is only a food service, you know, cooking and refrigeration and lighting in the building, especially technology, art, communications, communication repeat, or right. And Mr. Neurons to the, the we're talking about this as emergency generation, correct, sir. All right. So we consume the power from, is it public service, electric and gas? Yes, sir. All right. So they're their utility supplier. The generator is only turn on if there's an outage, if there's a emergency. And then as you described that's for the safety of your residence, correct? Correct. Okay. So that, that's a general introduction for Mr. Or Eliza. He's open to the board for questions, anybody on the bullet have any questions for this witness? Speaker 0 00:54:24 I have a brief question was the German, the power for this will be natural gas or diesel diesel. So you, you have those safety pans underneath and all that I couldn't tell from the spec, our professional assigned engineer would explain to you what type of generator we have there. You don't have to exercise is periodically. We have, I have to exercise it. We are required with exercises once a week, or at least spending me in it, any problems with doing that and the daylight hours we, our schedule useful is in the afternoon. So everybody's off, you know, and we don't expect anybody. I have no other questions. Okay. And what else on the board have any other questions? And you may proceed Mr. Smith, I'd asked that Josh had, or had our professional engineer be called and sworn so they can give testimony Boudreau. Before we do that, if I could just enter my, oh, before we do that, just interrupt. Is this shadow by this generator? Maybe. Do you know the nature of that shed? Is it on skins or is it on a foundation? What Speaker 4 00:55:45 It's on skids. And we plan to I'll get into that in my testimony, but we plan to move that to a conforming location. Speaker 0 00:55:52 We'll cover that after he's sworn in art. No problem. Can you raise your right hand? Do you swear the testimony you're about to give show you the truth so help you God, I do the name and address please. Speaker 4 00:56:04 Joshua Hanrahan with hammer land engineering and that's 1707 Atlantic avenue, suite B two in Manasquan, New Jersey, Speaker 0 00:56:18 Mr. Hanrahan for you've already indicated that your principal at hammer land and nearing. So I'm not going to ask who by whom are you employed? You've already indicated when I don't think you've been accepted by this board previously. Is that Speaker 4 00:56:33 True? Correct. Would you Speaker 0 00:56:35 Give the board the benefits of your 32nd summary of your Speaker 4 00:56:41 Yes. I have a BS in civil engineering from the university of Pittsburgh. I've been licensed in the state of New Jersey and practicing engineering or 15 years. And I've testified before dozens of boards in the state of New Jersey. Speaker 0 00:56:56 I'm satisfied with driver qualification. Please proceed. Thank you, Mr. Chairman. So Mr. Hanrahan, I'm going to try not to get in your way. I'd appreciate it. If you would describe the existing site and then describe our proposed. Speaker 4 00:57:09 Okay. I think it's best if I'll do a screen share and I'm going to bring up the plans that were submitted to the board. These are all part of the site plan applicant before the site plans that, so I, I assume there's no need to mark these as new exhibits cause they were already provided work. Correct. Here is a, an overall look at the site. Can everyone see the screen? Yes, Speaker 0 00:57:45 Yes we can. Speaker 4 00:57:48 So this is this dividing line here down the site is the boundary between Piscataway and Highland park. And here is the Parker river road, nursing home facility and our generator areas over here, I'll show on it in a large plan. And then this is the stone gate assisted living facility. And the generator will be on the Piscataway property, but to service this building. So this is the enlarge view of the Parker river road, a nursing home facility. And here's the shed that we were speaking of earlier. So here's our new generator, the equipment pads for our disconnect and transfer switch and the CT cabinet. And this will service the generator. And what we planned to do is the existing generator is located on this pad within this courtyard. And once this generator is up and fully operational and tested, we've planned to remove this generator pad, and then we can move this shed into this location here, and it will be in a kind of forming location. And it is just on scads now. So it can just be moved over there. It's not anchored down or on a pad or anything of that nature. And then the next generator is to serve as stone gate on the Highland park side, but it is within the Piscataway portion of the property located behind an trash enclosure and retaining wall. And then this will surface the building over here to the, to the Highland park horse and with another equipment pad for disconnect, then CT government. Speaker 4 00:59:39 Perfect. And just to give you a, I know we talked about the fuel before for these. So this is a 500 kilowatt generator that we're proposing. Both generators are diesel power and they have a dual tank system. So there is a secondary tank that can burn the entire fuel volume. And if there is an elite, if there is a leak, there's an alarm system to alert you to that. And then it would all be caught by the secondary tank. And I know we talked a little bit about noise as well, that will, we will only do the testing during normal work hours during the day. And we will comply with the New Jersey noise control act. Speaker 0 01:00:29 Awesome. So it's a fairly straightforward site plan because there's involves just the two generators. Mr. Chairman would be appropriate to deal with the review memorandums at this time. The same pack. Yes. Okay. So why don't we only glaring issue to be honest with you. And I think your witness just testified that from my mom. Well, I don't know. What's the glaring issue. Speaker 4 01:01:00 Yes. Speaker 0 01:01:05 Let's get them signed and back in the women. I apologize. All right. So let's make it really the first of all, you have a report from Mr. Anderson, Mr. Gas, Berry, which says there's no issue. Then we have a Mr. Hinterstein report where in on-site impact. He says, number one, the existing 10 foot by 12 foot shed accessory structure located along the Western lake side is located over the property line on the Rutgers property. That should need three relocated into the applicant's proffer property per prep, preferably a conforming location on west various release relief is requested. I think we've answered that because the shed is going to be gone and it's going to be moved to a conforming location. Is that correct? Mr. Hanrahan? That Speaker 4 01:02:04 Is correct. Speaker 0 01:02:05 Okay. And then there's no, no other planning or engineering considerations. And then we have the got a middle. I think we might even have, have Middlesex county of Google by now, but we know we have this sort of provide letter. And then Mr. Chadwick's report, he said the number one, the plan. I think Bob you've addressed all the items. Okay, perfect. Lovely. Mr. Handwritten Henry had anything else you want to add? No, I think that about covers it. Okay. Any, any questions for this witness hearing none. I'm going to open it to the public portion. Anybody in the public portion of any questions for this application or this witness at this time? Sparkling? Nope. I do not see anyone chair. Okay. You've seen none. Public portion is closed. Speaker 0 01:03:03 Our last witness, Mr. Chairman has Mr. Jim Kyle, our planner, and asked him to be sworn. So you can give testimony, you raise your right hand. You swear the testimony you're about to give shall be the truth, so help you God. I do. Mr. Kyle has been accepted as a professional planner before this board on numerous prior occasions. Okay. And for the record, by whom are you employed in what capacity? A principal and owner with Kyle McManus associates and hope all New Jersey. Okay. And you've already been accepted as a professional planner. Let me again, get out of your way and I'd appreciate if you would give the board the municipal land, use law justification for both the use and about variances. Sure. So just to go over the various issues, just to summarize the relief that's necessary, this property is located in the rural district and the use, the assisted living nursing home uses is not permitted. Speaker 0 01:04:00 So we do require a use variance for what we're deeming expansion. Typically as the building coverage, maximum building coverage requirement does implicate accessory structures. There are also a number of bulk variances that are required. So we are proposing the slight increase in the building coverage. So it's presently a 22.7% and we're increasing it to 22.9%. 20% is what's permitted in the zone. The number of accessory structures is also requires variance relief. There are two accessory structures permitted in this residential zone. We presently have 15 and the two additional generators will bring that number to 17. We're also to setback. Bearings is there required for the generators. The first is for the generator on the west side of the building, 15 feet is required and we have 8.2 feet proposed. And then the generator on the north side, 15 feet is required and we're proposing 12.8. Speaker 0 01:05:01 So as far as the use variance, nursing nursing homes and assisted living facilities do qualify as inherently beneficial uses under New Jersey case law. Essentially, what that means is we presumptively satisfy the positive criteria because of the general of the public welfare is promoted by the third from the use itself. So we don't really need to address anything in terms of site suitability or any positive criteria. In that regard. Now in the negative criteria, the courts have instructed for inherently beneficial uses. We'll use the speak, the balancing test. It's a four part test. We need to identify the public interest at stake. Identifying potential negative impacts from the grant of the variance, determine if there's any conditions the board can put on those potentially negative impacts to lessen them, and then determine if I'm balanced. The positives outweigh the negatives and there's no substantial detriment to the public. Speaker 0 01:05:54 Good. So as far as the public interest at stake, as Mr Eliza said, really this is intended to ensure that we can provide continuous care to the residents in these facilities. Should we have a prolonged power outage or even an hour outage of a couple hours? We all remember during Sandy, there were prolonged outages, 10, 14 days. So this would help them to ensure that the care is provided continually, which really goes to the public welfare benefit of providing the generators in the first place. So we've, we think the need here is pretty compelling as far as any negative impacts. This site is entirely surrounded by other Parker facilities, as well as the Rutgers ecological preserve. There's a significant amount of vegetation and buffering along the property edges I've looked at narrow photographs. There's really no improvements on the ecological preserve that would be impacted by this. Speaker 0 01:06:46 And there's no structures or walking trails immediately adjacent to the property. So really the only potential negative impact here would be from noise of the generators. And we're required to comply with all state those noise code standards in that regard. So we feel that there won't be any substantial impact from, from the noise, potentially as far as any conditions, I've looked at this proposal and given the location, I know that there are many that we could come up with that would further reduce the negative impacts. Of course, we're open to any suggestion the board may have. And I think I'm balanced when you look at the location of the generators and the surrounding uses. It's my opinion here that the public welfare benefit, the benefits of the residents that are here far outweighs any of the potential negative impacts associated with the grants and the barriers here for the expansion. Speaker 0 01:07:35 So I think we can prevail on both positive and negative criteria for the use portion of quickly address the, the bulk variances for the number of structures, the setbacks and the building coverage. I think these meet the C2 criteria in that the public welfare's promoted by the growth of the variance. As we've talked about, this provides Parker with the ability to have backup power and times of outages or prolonged periods without power, which is important to ensure that residents receive adequate care. And the setbacks, the production here really allows us to keep the generator as well away from the existing structure. So that's to better reduce noise impact to the residents and the buildings themselves, particularly since we have to exercise these generators once a week. So reducing those that backs we'll have a better fit to the site and to the residents. Speaker 0 01:08:32 I think when you look at the negative criteria here, these variances won't have any substantial impact on surrounding properties. As I stated, the sites offer, there are no external residential, single family homes that are located next to this, and really the increases in coverage and the number of structures are really diminimous. And it won't really be evident to anyone on adjacent properties, as far as the intent of those standards, it's really to regulate the intensity of use as well as the positioning of the structures. The one thing that we have to remember is with these standards, these are residential zone standards. So it's kind of difficult to apply these to this. Non-resident, what's a residential use, but it's, it's not a single family residential use, but I think that given the site is isolated and these changes won't really be evident to anyone other than those that are on the site. I believe that the intent of those standards is upheld and will not be substantially impaired with the granting of the relief it's trimming. That's all I had in the way of direct. I'm happy to answer any questions. The board may have anyone on the board have any questions for this expert. Speaker 0 01:09:39 See none hearing none. I'm going to open it to the public. Anyone in the public portion of any questions about this application or whose testimony Laura? No one chairman. Okay. Hearing none, seeing none. I'm going to close the public portion is that Mr. Smith and is it chairman Francis Parker has been a good neighbor and Piscataway for a long, long time, provided me to care to where our seniors and it submits to, for us to have them in our, in our town providing these, oh, we hope you'll continue to support their, their safe and healthy use for seniors. I do agree. And yes, awesome. So you got a second, second. So a motion was made by Mr. Zimmerman. Second by Jeffrey. Can I get a call? I will call Mr. Buckley. Yes. Mr. O'Reggio. Yes. Mr. Weissman. Yes. Mr. Zimmerman. Yes. Mr. Patel? Yes. Chairman Cato. Yes. Thank you. Mr. Chairman and members have a great evening. Good night. We're gonna move down to number eight, 19 dash DB there. 69 B. Okay. Livingston. It was Mr. Livingston and his attorney present Or you see anything? Speaker 2 01:11:22 Well, Mr. Livingston's on, he has the unmute and I believe Adrian Johnson says attorney Speaker 0 01:11:29 Mr. Johnson. Are you Mr. Livingston's attorney Was Mr. Jefferson Speaker 2 01:11:42 Muted. Speaker 0 01:11:46 I'm on mute to now. Also Mr. Johnson, Mr. Livingston, Mr. Livingston is Mr. Johnson with us. He's supposed to be Speaker 2 01:11:58 His picture's there and he's not muted. Speaker 0 01:12:27 I'm going to video call. Speaker 1 01:12:30 I'm working Speaker 0 01:12:35 Laura. Yes. Could you mute Kalpesh for a couple of minutes? Getting some feedback from them Speaker 2 01:12:43 That wasn't. Kalpesh Speaker 0 01:12:46 Sorry. I meant the music prior. Speaker 2 01:12:50 Oh yeah. I got it before. He's muted. Speaker 0 01:12:58 Mr. Livingston, do you have any ability to call your attorney? I called, yes, I did. I called the Johnson's here. Can you guys hear me? Okay. I've been having problems I've been on here. I'm sorry. I apologize for that. That's okay. Mr. Johnson, my name is Jim Kinneally. I needed board attorney. We have questions about your notice. Yes, sir. I'm here. I can hear you. Okay. You have not submitted a copy of your notice to the board, so we have not had an opportunity to review it. Do you have any opportunity to screen-share your notice? I actually don't. Sir. Am I able to send submitted to the board following this or? Well, we received a phone call from, is there an Eric in your office? No, sir. Okay. Laura, can you, I then, can you Speaker 2 01:14:04 I'm Aaliyah Mitchell, Ms. Mitchell. We were speaking to, she might email, I never got a phone call from her in my office. She said she was waiting on the Greenaway slips from her boss. That was the last email I got from her this afternoon. Speaker 0 01:14:20 Mr. Johnson, do you have a copy of the notice in front of you? Yes, I do have a copy of it. A hard copy of it in front of me. Can you tell me whether or not you included the zoom information in your notice? Yes we did. And you identified that with tonight's meeting date? Correct. Okay. I'm going to ask that you supply all of that information and actually we've, we've asked for it several times previously and you have not supplied it ordinarily it's supplied in advance of the meetings. So we don't have to take up meeting time with this information, but I think the board can proceed with a hearing tonight, subject to the applicant, supplying all of the notice information that is ordinarily required and that all of the other applicants supply in advance of the meeting. So with that, Mr. Chairman, I think the applicant can proceed. Mr. Johnson, call your first witness. John. This is John Jordan. Before you start, do read, we have the copy publication, correct? I don't have the copy of Aina. Speaker 2 01:15:37 Oh, Jim, I emailed you the publication from the app with the affidavit. Speaker 0 01:15:41 Just the affidavit. I did not get the whatever was published. Speaker 2 01:15:45 Yes, it was published on 10 12, but I didn't get anything that's within the 200 foot list. I emailed it to you. Speaker 0 01:15:51 I received the affidavit, but I did not receive the notice itself. Okay, Jim, quick question. Do we know that they must have been noticed on this, Mr. Johnson, I'm going to ask that you read us your notice. Just one second, sir. At the top of the notice form, the form that we utilize, and basically it says, put that away township take notice that James live in sin 39 schools, three Piscataway, New Jersey, 0 8, 8 5 4 is requesting the granting of a bulk variance application. Number 19 dash DV you keep an existing 40 foot shipping container on the property. Any residential area applicant would appear before the zoning board of adjustment online to secretly from Piscataway township zoning code, for instance required five dash 5 0 1 required use permitted in a residential zone. Proposed use, not permitted in a residential zone. Shipping container required eight foot side yard set back for it. Speaker 0 01:17:22 Accessory structure proposed two foot side yard setback for an accessory structure existing 21 dash 11 0 1 dash three required a driveway shall be paved with a hard surface. Proposed a gravel driveway. Existing arrogance is required for property located at 39 schools, three Piscataway New Jersey, 0 8, 8, 5, 4, listed as block 9,901 lot 14 located in a zone on map page 90 on the Piscataway township tax map, the applicant also requests any and all balances relief that the zoning board may deem necessary. As per said, application the only board meeting won't be available remotely as a zoom meeting and will not be in person. Please see below date, October 22nd, 2020 time, 7:30 PM. Eastern time, us and Canada join zoom meeting, meeting ID 8 4 5 6 8 4 2 6 6 9 2. Pass code 5 7 7 4 0 4. By your location by your location. 1 3 0 1 7 1 5 8 5 9 2. Us Germantown or 6 4 6 8 7 6 9 9 2 3 U S. New York all documents concerning the applications to be heard. All file with Basquiat, Piscataway township board, clear to review any documents. Please call the office@seventhreetwofivesixtwosixfivesixzerooremailbuckleyatpiscatawaynj.org. The board can arrange for these documents to be scanned and emailed to you. Or you arrange to pick up a hard copy at the municipal complex, utilizing the Dropbox feature located at five, five Sydney road for Skidaway New Jersey, 0 8 8 4 0. Mr. Johnson, did you cause notice to be provided to all of the people on the 200 foot property list by certified mail? Yes, sir. We asked, we did have, do you have the certified white receipts showing that you did that? Yes, we have the certified return slips. Yes, sir. Speaker 0 01:19:49 Okay. You will need to submit them to the zoning board, Mr. Chairman, based upon the representations of the applicant and the applicant's attorney. I think that you can proceed with a public hearing. This is all subject to them, submitting the required documentation on proof on notice, right? Okay. Okay. Thank you, Mr. Johnson, please call your first witness. The first one is we're going to call. It's going to be the property owner himself. Mr. James Livingston, Mr. Libby, got something. Raise your right hand. Do you swear the testimony? You're about to give me the truth so help you God. I know your name and address please. James Livingston, 39 schools screen. It's got away in New Jersey. Thank you. Speaker 0 01:20:46 I'm sorry. I may proceed please. Thank you, Mr. do give us details about the property itself and what gives rise to the, to the you state you're seeking. So the storage, oh, okay. Had 300 units of homes built behind my property. And since those homes were built back there, my property floods, the township gave me a permanent easement and a temporary construction easement put 'em do to store vehicles on my property for up to a year since then I'm flooding problems. I can't use my basement. And so I, I got this should have a good 10 temporarily. So I'm getting the basement clean now in order for, in somebody down there to, to fix the water damage. Since they put in the sidewalks on the gutters and stuff, I still have floods. It floods worse. Speaker 0 01:21:58 And, and I, I can submit the, the permanent easement form that was signed by the township attorney, where the truck would have touched up on most of my property. That's about it. These chains are flooding to the property, occurred as a result of what construction construction of, of this call. The friend, well townships center, they built about, about 30, 30 homes behind me. And when they did that, they cut down all the trees and stuff, which prevented the flooding in the past. So now the area is like a flood zone, but without, without the trees, how long have you been experiencing this flooding on the property itself? Well, I've done this since I brought the place back in 1977, but it's gotten worse. And so the thing said, the township came and they repaired the sewers and stuff just stopped my and would have flooded, but I'm still having that problem until I cleaned my basement out the store, this stuff, which I got the shipping container on for, he goes, oh, she has not brought the storm. The storm blew him away. This is the only thing that can handle a category, two to storm. Anything under that debt, they get destroyed. And these, these storms we have today, if I need to move to to a different location on my property, I have enough room. I can do it. And if I have to pay my driveway, I paid her. Speaker 0 01:23:46 And how long have you been utilizing the superintendent for that purpose? I've been, I mean, usually last like three months after Sandy, I probably was the store and I be feeling the child about FEMA. I went, I went out and brought this up when I should've just took out a FEMA trailer. And so basically though, you know, I stood everything and the superintendent, while I was preparing my home, what's currently stored in the shipping container, mostly toys for tots and stuff and, and at my lawnmowers attractors and stuff like that. So I can maintain the property and motorcycles and, and vintage, you know, bicycles and stuff. Speaker 0 01:24:36 Mr. Livingston, this is the Sharon. Yes. Why, why are there no other homes in the area that are suffering the same situation that you are they do they believe that that's, that's why y'all, y'all built the sober suicides from that, right? But none of these people have a trailer on their property. Well, this way, when I bought this place, that there was a rule that we couldn't build within a hundred feet within fresh water. But, but, but the township that the fed was involved was bill Auburn, the principal water, whereabouts on my side of the property line were a hundred feet that's and most of the trees were cut down to my area. I mean, he could spend some addons to make the property. He can see where the roots of the trees is coming out of the ground. That's when the flood Recently, I, I permitted papers to, to the Middlesex town boy. And it's a lot. I probably texted me because I live in a flood zone and they Lord it, Speaker 0 01:25:59 Not the Davis. That's so bad with the flooding and stuff. They, they, I got a printed easement for you guys through a historic, putting it on my property in case they do construction in the neighborhood. That was wild. School street was being repaved. You mean, hello? Have you got on the list? It says arm. Okay. Instead of a sidewalk, roadways drainage, storm, water, sanitary, sewer facility, a water pump to see if anything he's playing nice. That needs to be fixed in the area. They can study equipment on my property. That's that's a common notice that they gave when they're doing construction work on any street in that they got here on temporary accommodation to the applicant. Yeah. I don't know what that has anything to do with your trailer being on property and why you're none of your neighbors feel the need to have a trailer when they have a similar situation. That's what, that's what I call it, but it's okay. So it's either a non-funded item on your property that you have had. I got went to that scene that the towns yet that they use them for the schools. Speaker 0 01:27:17 Why, why wouldn't you think to purchase a shed which has allowed and shit and go, this blows me away. They just noise. I had several, I had at least about five sheds, all different types of shit, but they don't last through these storms. Well, I bought my shit. Well, I should've stood up to say I was here for about three major events and my shed is still standing in my backyard. Well, I I'm standing at that one time. When I, when I had trees and stuff, the right now, I got like a hurricane, like Allie, do the land that they hit my property because up the tree, those trees on my property, they cut down that there's no way for the wildlife. Got that go. Now, before they have a reference for the business, now they don't know where to go. I'm not concerned about the deer tonight. Unfortunately. We're just concerned about the well Ultima, all wildlife we have. No, no, no. I appreciate that. Absolutely. But okay. Any other testimony you have Mr. Johnson? Do you have anything else to add? I would like to submit this form to you from the easement municipal purpose. That gives me a grandfather clause. The store had to put them on a property. Speaker 0 01:28:54 Okay. We'll submit something by the township attorney. Okay. Mr. Johnson, do you have a copy of that document now? He doesn't have, I just found it a good day. I don't have a copy of it. I bumped it today. I sent, I sent copies to him earlier, sir. Do you have the opportunity to share your screen and show that document to everyone? I'll try Mr. Kinneally. Yes. This is a standard easement document that as Mr. Cahill at stated, whenever we're doing a road construction project, we might envision that this is a 10 foot temporary construction easement along school street building, excuse me, permanent eastbound. Oh, then it's permanent because then they didn't have the right of way. So they took a permanent easement for the curbs, sidewalks, storm, sewers. Anything that would be in your typical roadway. So that's a permanent easement matches what the right of way a master plan right away with would be in school street. And what is that distance? Speaker 0 01:30:10 I imagine Mr. Livingston would have the form there, but I would imagine somewhere the easement was probably for somewhere around 10 feet, 12 feet. I would imagine Mr. Livingston you'd tell him how far that easement is. Okay. I think it says here, it says north 63 degrees, 46 minutes, 12 seconds east along the district, suddenly R O w live of school street. This is 113 feet to a point that's 25 degrees. There's a whole lot of basic. It says by like, like two acres, two acres of land. And Mr. Livingston, is it your understanding that that document references, the township's work widening school street, but then it also says something about, they built a prominent pump station on the property and they, and they, they may come time to time after coming maintenance this pump. Okay. And it will position that right? To put a shipping container on your property. No, but I'm talking about, they said w when y'all, before y'all built the roads, there's so many containers. And even before I signed this docket, super good terms of here, like wrap the sand. Speaker 0 01:31:37 Okay. Do you believe that that document gives you the right to put that shipping container where it is located on your property? Well, I can put it and I can put it in to wait. Cause I haven't put anywhere. You want me to tell you that it's mobile? The ship, the shipping container is not permitted in the zone in which you live. I'm talking, I'm talking, please. Let me finish my question. Do you believe that the document that you have gives you permission to put the shipping container on your property? I need, I need my lawyer to Phillip over to this doctor and that it's not a legal thing. So calls the couple where the top, no, dude, get me a right to give. They gave me a ride to give you that two hours to put my phone on my property, including shipping container. It gave me that, right. So I can't use the same bathroom myself. I gave you guys I'll review the documentation to make it part of the submission to the, to the board. Speaker 0 01:32:38 Mr. Johnson, do you have any other witnesses? No. We have no further witnesses to bring forth on this. Are you asking the board to vote on this application tonight? Okay. Pending the submission of the documentation we have to provide. Yes. We are asking the board to vote on this submission. Okay. Mr. Chairman, this is a use variance application. The applicant is not offered any planning testimony to support the, the application. Therefore, I don't believe that the applicant has carried their burden of proof to prevail in this situation. Absent any planning testimony. I believe that the board is required to vote against this application for use vans. Know the, I agree. Should I open this testimony for the public? Yes, please. Okay. If there's anyone in the public forum or anyone on the board have any questions for this witness or on the application itself on your application. So hearing none, I'm going to open it to the public. Anyone in the public portion have any questions or his testimony and the application? Ms. Barkley, Speaker 2 01:33:59 No chairman. Speaker 0 01:34:01 Okay. Public portions closed. I would entertain a boat. I'm going to vote. No, on this application. I'll first the name. Do I get a second? Is that a motion, Mr. Chairman motion to deny this application? Yes. Who was that? Mr. Killary. Oh my God. Sorry. Carrot. Please call the world. Lord Speaker 2 01:34:26 Mr. Taylor. Speaker 0 01:34:29 No. Is that a yes to deny? Yes. So a vote yes. Is to deny. Yes. Speaker 2 01:34:42 Mr. Weissman. Yes. Mr. Zimmerman. Yes. Mr. Patel. Chairman Keiko. Speaker 0 01:34:48 Yes. Yes. And Mr. Johnson, your application has been denied. We'll memorialize this at our November 12th meeting. You do not need to be present for that, but please submit the notice application information that we have discussed. We'll do. Thank you. Thank you for your time. Okay. Let's open it up to item. Number nine. Get the option to have the resolutions from the regular meeting of September 24 20. That is table for tonight. We can go to item number 10. I'm 10 is the adoption of resolutions from the regular meeting of October eight 20. The 21st resolution is Sankofa 20 application was approved as tillering yes. Mr. Weitzman. Yes. Mr. Zimmerman. Yes. Mr. Patel. Yes. Jeremy Kao. Speaker 0 01:35:47 Yes. James Hamilton. application was approved. Mr. Tillery? Yes. Mr. Weitzman? Yes. Mr. Zimmerman. Yes. Mr. Bucknell? Yes. Mr. Kao. Yes. Next application was a Patel 20 ZB 55 V application was approved. Mr. Tillery? Yes. The Weitzman. Yes. Mr. Zimmerman. Yes. Mr. Patel? Yes. Jeremy Cahill. Yes. Next application tray. Sean Phillips 20 ZB 58 V. Application was approved. Mr. Tillery? Yeah. Mr. Weitzman? Yes. Mr. Zimmerman. Yes. Mr. Patel? Yes. Jeremy. Oh, yeah. Janice and mark. The pool's 20 ZB 57 V. Application for a three season room was approved. Mr. Tillery? Yeah. Slice Mr. Weissman. Yes. Zimmerman. Yes. Mr. Patel. Yes. Garmin Cahill. Yes. Aaron Nanna stiff 20 ZB. 61 V application was approved. Mr. Tillery? Yes. Mr. Westman? Yes. Mr. Zimmerman. Yes. Mr. Patel? Yes. I mean, Kay hill? Yes. J'onn. Speaker 0 01:37:15 application was approved. Just Tillery? Yes. With the Weitzman. Yes. Mr. Zimmerman. Yes. Mr. Patel? Yes. Jeremy Cahill. Yes. Maria application was a 20 Z V 59 V. Application was approved. Mr. Tillery? Yes. If the Weitzman yes. Mr. Zimmerman. Yes. Mr. Patella? Yes. Jeremy Hill. Yes. Those, all the resolutions that I have from the last meeting. Okay. But the option number two, the minutes from the regular meeting of October 8th, 2020. Can I get it? Yay or nay? We need a motion and a second. All in favor. Say I need a motion second. I'm sorry. All right. Second motion. I'll make a motion to adopt the minutes. Kalpesh can I get a motion to approve and damage to the second? Can I get it now? We can go to your neck. Yes. Now I'll call them. Yes, yes, yes, yes. All in favor. Aye. Aye. Yes. I can make a motion with 12 and Jeremy, I'm going to come over to Sue both in favor, say aye. Aye. Aye. Well, goodnight. Everyone I think is crap. We see you now. I don't know if I want to be seen everyone. Yeah.