October 29, 2025, Planning Board Special Meeting - WEHI Transcript

11/19/2025 04:42:31 PM Page 117 to 120 of 149 30 of 59 sheets 117 THE WITNESS: Yes, that's correct.1 MR. AFRAN: With respect to reports 1 and 2,2 because there were two prior ones, are there still3 issues outstanding, were they incorporated into report4 three 3, can you explain that status?5 THE WITNESS: Typically review 3 would6 incorporate any items that were addressed, yes.7 MR. AFRAN: Okay. Thank you very much.8 CHAIRMAN BAGOFF: Mr. Plocker.9 MR. PLOCKER: Thank you.10 Mr. MacNeill, I believe you know we looked11 at your number 3 and the issues pursuant to the revised12 plan which was revised to comply to show what was sent13 to the DEP and what was approved by the DEP. I believe14 we stated we would comply with the items in those15 reports, but we'll go back and check to make sure we16 have a clear record.17 THE WITNESS: From my understanding that was18 the applicants testimony was that you can comply with19 our comments.20 MR. PLOCKER: Thank you.21 MR. AFRAN: Well, is it expected --22 CHAIRMAN BAGOFF: Mr. Afran.23 MR. AFRAN: Mr. MacNeill, is it expected24 from your point of view that the written statement25 118 explaining how compliance will be done?1 THE WITNESS: So I, again, the applicant2 provided testimony that they will comply. But a written3 response would be on the applicant to provide. Again, I4 am only reviewing what's submitted.5 MR. AFRAN: Okay. Thank you.6 CHAIRMAN BAGOFF: Thank you.7 Okay. Sir, would you like to ask a8 question?9 THE PUBLIC: Hello. My name is Kemonte10 Howard. I live at 5 Slayback Terrace. I live across11 from the development, I walk my dog there all the time.12 I tried to get a permit through the town not to long ago13 and they said we had to mark all the trees in order to14 cut them down. And I have noticed none of the trees are15 marked in the forest across from my house. So how does16 that work?17 CHAIRMAN BAGOFF: I think it's the job of18 the forester. If you call the building department19 tomorrow speak with the forester.20 THE PUBLIC: Don't they have to mark all the21 trees?22 CHAIRMAN BAGOFF: I don't know anything23 about that, so I would refer you to the township24 forester who will probably give the best answer.25 119 THE PUBLIC: Okay. But it's not in the1 plans.2 CHAIRMAN BAGOFF: We haven't approved3 anything, so there's no plan right now.4 THE PUBLIC: Okay.5 CHAIRMAN BAGOFF: I am not sure what trees6 are to be

19 THE PUBLIC: Okay. But it's not in the1 plans.2 CHAIRMAN BAGOFF: We haven't approved3 anything, so there's no plan right now.4 THE PUBLIC: Okay.5 CHAIRMAN BAGOFF: I am not sure what trees6 are to be removed or not, that would be a function of7 the complex, but for right now, if there's trees to be8 marked, I would go to the township forester.9 THE PUBLIC: Okay.10 CHAIRMAN BAGOFF: Thank you.11 Okay. Thank you. And that wraps up Mr.12 MacNeill.13 Okay. Malvika.14 THE WITNESS: Thank you, Mr. Chairman,15 members of the board.16 So I would be presenting from a planning17 standpoint what this application brings, what is it that18 the board members have to look for in the application,19 and answer, you know, the synopsis of it.20 So this application is seeking a21 preliminary/final site plan with one bulk variance and22 two de minimis waivers from the RSIS standards.23 The first and the only bulk variance they're24 seeking has got to do with the maximum exposure of the25 120 walls that should not exceed 15 percent. They require1 it all for the four buildings, A, B, C and D, and2 they're seeking the two waivers, one is for creating the3 Kuzik Road as an emergency access, that means they're4 requesting that they put a, some kind of stopping fence5 over there and make it only an emergency access road.6 And the second waiver is for sidewalks, because as part7 of RSIS standard, a minor collector street are required8 to have sidewalks on both sides. The area they're not9 meeting is where, for the circle is coming from Warren10 Road to Building D, there is a certain section that they11 are not providing the sidewalk on one side of the road.12 Now, typically in cases like this what is it13 about variance that the board has to look for. Again, I14 apologize if I'm repeating, I know this board has seen15 several applications, but because of the intensity of16 this application I do want to remind board what is it17 that they are looking for in a bulk variance. As per18 MLUL the applicant can request to seek a bulk variance,19 which is commonly known as a C Variance and there are20 two proofs for that. Either can apply for a C-121 variance or a C-2 variance. C-1 is a hardship which is22 peculiar for the property and C-2, which I believe the23 applicants planner testified to, is more known as the24 benefits outweigh the detriment. Or also known as the25