April 3, 2024 Planning Board Regular Meeting

customary accessory use. CROSS EXAMINATION FROM APPLICAN’TS ATTORNEY e Ms. Lisa John-Basta asked if the presented exhibit earlier in the evening that was dated March 6th 2024, Mr. Steck didn't file it with the board in advance of tonight's meeting to provide the board and the applicant an opportunity to review it. Mr. Steck said that an objector is not required to submit information in advance. e Ms. Lisa John-Basta asked where were photographs taken for the exhibit. Mr. Steck said that the pictures were taken from the golf course neighbor’s property. ¢ Ms. Lisa John-Basta asked if Mr. Steck is a specialist in wetlands, a civil engineer or a NJ license attorney. Mr. Steck said no. ¢ Ms. John-Basta asked if Mr. Steck was present during the applicant’s professionals’ testimony and agreement that it would submit for an LOI to approve this application. Mr. Steck he was present during that testimony. e Ms. John-Basta asked if Mr. Steck has done any independent reviews or research related to the 122 golf courses in the state of New jersey and how many of them might have halfway houses. Mr. Steck said that said that he did not because the applicant needs to do it. ¢ Ms. Jonh-Basta asked how many how many golf courses out of 122 was the applicant required to demonstrate had halfway house. Mr. Steck said that it does not have to be the majority, but the proximity to residential property lines is important to consider. ¢ Ms. Lisa John-Basta asked if Mr. Steck reviewed the planner memo indicating that in his professional opinion to halfway house is a customary accessory structure. Mr. Steck said he did, but that Mr. Grygiel did his memo without seeing the evidence presented during the meetings. e Ms. Lisa-John Basta asked for Mr. Steck’s professional opinion that the board may request greater setback requirements then the code itself requires. Mr. Steck said that under the site plan provisions the board has the ability to do it. ¢ Ms. John-Basta asked under the municipal land use law what body has the exclusive power to zone. Mr. Steck said the governing body. ¢ Ms. John-Basta asked what is the minimum rear yard setback requirements in the R2 zone. Mr. Steck said it 45 feet. BOARD QUESTIONS ¢ Chairman Bagoff asked if the halfway house is an accessory use. Mr. Steck said that it may be but because of the specifics of this application, in his opinion, it is

id it 45 feet. BOARD QUESTIONS ¢ Chairman Bagoff asked if the halfway house is an accessory use. Mr. Steck said that it may be but because of the specifics of this application, in his opinion, it is not a permitted accessory use because of the uniqueness of serving alcohol and its proximity to residential properties. ¢ Council President Rutherford asked if wetlands have been classified as either intermediate or extraordinary. Mr. John Hess said that there was a site visit by an environmental scientist who was hired by the applicant and he did a delineation of what he felt was the wetlands boundary and then based on his observation of the wetlands he made a determination that it was, in his opinion, that it was intermediate value wetlands and would require 50-foot buffer. The only way to get an affirmative answer is to file an application with the DEP for wetlands letter of interpretation and in that letter the DEP will confirm the delineation or tell the applicant that they need to make certain adjustments and the DEP will also set forth the classification of the wetlands. If the DEP 9