January 29, 2025 Planning Board Special Meeting Transcript - WEHI

31 of 57 sheets Page 121 to 124 of 143 02/13/2025 11:25:53 AM 121 MR. PLOCKER: John, don't answer that1 question because it is not really a question. I just2 want to explain something.3 THE PUBLIC: It is a question. Why do they4 need variances if this board and council drafted it5 particularly to this particular --6 MR. PLOCKER: As a --7 CHAIRMAN BAGOFF: May I answer first.8 MR. PLOCKER: Please.9 CHAIRMAN BAGOFF: This board was not part of10 any decision, that is a legal matter.11 THE PUBLIC: It goes to him saying that we12 look at the zone. This gentleman testified to the fact,13 and he is a gentleman by the way, he's great. He14 testified to the fact that good planning and good, from15 a planners perspective, has to look at the zone and the16 way that, that zone was written in the zoning code. I'm17 simply asking him to please address the fact that18 they're asking for waivers in a zone code that was just19 written and revised. Did you say it was written in 201920 and maybe revised again in 2020?21 THE WITNESS: Yes.22 THE PUBLIC: To accommodate this very23 development. So why is there such an exigent need for24 waivers?25 122 MR. PLOCKER: All right. So initially there1 are no waivers being sought. You mentioned waivers in2 connection with the zoning ordinance. We are seeking3 one bulk variance for the building foundations.4 THE PUBLIC: I'm sorry, can you repeat that.5 One what?6 MS. MCGOVERN: Bulk variance. One C7 variance.8 THE PUBLIC: C. Okay.9 MR. PLOCKER: There's one bulk C variance10 for the application that --11 THE PUBLIC: Okay.12 MR. PLOCKER: I need to be able to finish13 without being interrupted, please Mr. Chairman.14 THE PUBLIC: I'm trying to listen. I can't15 hear.16 MR. PLOCKER: It's very hard to talk when17 there's an okay, okay, every few minutes.18 So I just want to address the question.19 There's a single variance that this application is20 seeking from the zoning ordinance that pertains to the21 percentage of the building foundations that are exposed.22 Mr. Appel addressed that in his testimony. Mr.23 McDonough relied upon that in his testimony. There are24 two exceptions from a state regulation, from a DCA,25 123 RSIS, and I believe you're on a planning board in1 another town, I'm sure you're familiar with them.2 Variances, exceptions and waivers are sought all the3 time. Importantly as the zoning ordinance, which Mr.4 McDonough relies

on a planning board in1 another town, I'm sure you're familiar with them.2 Variances, exceptions and waivers are sought all the3 time. Importantly as the zoning ordinance, which Mr.4 McDonough relies upon, our settlement agreement is5 referenced in the purpose of the zoning ordinance. That6 settlement agreement specifically recognizes that at the7 time of settlement, which was 2020, four and half years8 ago let's say, and the town was involved, it9 specifically recognizes at that time that job or any job10 that's part of the Mount Laurel settlement is extremely11 rare that a job would be fully engineered at that point12 until the applicant, the developer, the property owner,13 knows that the sites in the plan and approved by the14 court. This site was put in the settlement agreement,15 it was recommend by the special master, it was approved16 by the Superior Court of New Jersey. Pursuant to that17 the town had certain obligations under the settlement18 agreement. One of them was to enact the zoning19 ordinance, which is attached to the settlement agreement20 which wound up in form C in the town code. The job got21 fully engineered, the variance that we're here for is22 necessary and the two exceptions. We fully acknowledge23 them. One for was for Kuzik Drive pursuant to the24 agreement with the condo association to the south. If25 124 it's not granted it's understood the application would1 proceed with Kuzik open.2 THE PUBLIC: Thank you, Mr. McDonough.3 So I was asking Mr. McDonough, when you4 first began your monologue earlier about this particular5 site, did you mention that there were a number of things6 that this variance, that this applicant was looking for7 relief for?8 THE WITNESS: I did, yes.9 THE PUBLIC: Okay.10 Did you put a number on that when you were11 talking?12 THE WITNESS: There's one variance.13 THE PUBLIC: Yes.14 THE WITNESS: That's for the exposure of the15 foundation.16 THE PUBLIC: Correct.17 THE WITNESS: Which is grading control.18 THE PUBLIC: Yes, I realize that.19 THE WITNESS: C variance.20 THE PUBLIC: I thought you said D, he21 corrected me. My bad. I thought you said C. Thank22 you.23 THE WITNESS: And just to sort of clarify24 the record. Sometimes we talk about bulk variances,25