March 19, 2026, Regular Meeting

° Mr. Bersch confirmed that his office had received the updated memo from the forester dated March 18, 2026. In reviewing that Mr. Bersch said that he feels that they have addressed all of the technical comments except for one but testified that they agree to work with the forester to address this last remaining comment. NO PROFESSIONALS’ QUESTIONS C. Dochney had no questions. But wanted to put a minor point of clarification regarding the number of parking spaces that are completely permitted on the record. Since everything up to the line of the building face is essentially a front yard, he counted 12, maybe 13 spaces that would technically be in a side yard on this application. Even a few of the spaces on the east side in the front of the east side of the parking lot are in the front yard. Those require variances as well. Everything along both frontages, both of those parking lots are triggering a variance. So it's only the parking by the dumpster and by the east side of the building that is technically totally permitted by code. So of the 48 spaces, 36 are triggering a variance with only 13 “good spaces”, BOARD QUESTIONS L. Cohen asked what trees are being saved based on his review of the March 18, 2026 memo from the forester. Mr. Bersch referencing the Demolition and Tree Removal Plan saying that all trees being removed are outlined in circles with Xs stating that there are little to no trees that are actually being saved but all the trees onsite are being removed. Mr. Cohen referenced the trees along the eastern side of the property line and asked if he was concerned about them due to the rarity of the type. Mr. Bersch said that a majority of the trees on this property are either invasive, dead, dying or diseased. Further adding that they are complying with the replacement calculations to replant 64 trees. But planting hundreds of other evergreen trees, deciduous shrubs, evergreen shrubs and plantings throughout the site. Increasing the impervious coverage onsite. Chairperson Neuer asked if Mr. Bersch is a licensed Tree Expert. Mr. Bersch said no. Chairperson followed up by asking if Marla Roller, the Landscape Architect is a Licensed Tree Expert. Mr. Bersch said no. In response to that, Chairperson Neuer referenced the March 18, 2026, memo from the Township Forester where Mr. Kipp stated that "A New Jersey state licensed tree expert must provide a

Bersch said no. In response to that, Chairperson Neuer referenced the March 18, 2026, memo from the Township Forester where Mr. Kipp stated that "A New Jersey state licensed tree expert must provide a written report itemizing each tree by species, DBH, location (diagram) and health in order to determine replacement requirements. Once this is received, we will calculate replacement." Confirming that based on the information about Ms. Roller’s credentials, that the applicant has not complied with that requirement. e In response to this, Mr. Wine and Chairperson Neuer had a back and forth where it was determined by Chairperson Neuer that not utilizing a licensed tree expert will not be granted a condition stating that, “To make that a condition of approval to come afterward is taking away the authority of the Board to make a determination.” Mr. Wine asked to add to the record that the applicant believes that they are in excess of the replacement requirement at a significant level. Chairperson Neuer asked if Mr. Bersch had calculations as to whether more impervious coverage could be removed if there were only one restaurant on this site? Mr. Bersch said that he hadn’t completed that calculation.