March 4, 2026, Planning Board Regular Meeting - WEHI Transcript

03/11/2026 06:15:33 AM Page 13 to 16 of 136 4 of 54 sheets 13 testimony of Karl Pehnke was provided first on September1 11, 2024 and then again on September 17, 2025. The2 objectors retained Alexander Litwornia who provided3 testimony on September 3, 2025. And the board engineer,4 Ryan MacNeill, gave testimony as to traffic on October5 29, 2025.6 With respect to the geotechnical stability.7 Not cited in the case law but discussed in quite detail8 on this case, the applicants provided testimony through9 Mark Seel on -- I'm sorry, June 30, 2025 and September10 17, 2025. Geoffrey Goll of Princeton Hydro on behalf of11 the objectors gave testimony on July 16, 2025. Board12 engineer Sam Kleinberg was here on November 10, 2025,13 December 3, 2025 and December 25, 2025.14 Remember, the board is reviewing whether the15 plans submitted showed the feasibility of these items.16 I caution you to consider probabilities and not17 possibilities. You should be guided accordingly.18 Now, the board also has been asked to give19 two exceptions to RSIS. Residential standards are set20 forth in the New Jersey administrative codes. These are21 requirements that are like bulk standards but they apply22 to the entire state. So each town has their own23 specific ordinances but these are standards of design24 that the state has promulgated that they believe should25 14 be applied to every application, but then they recognize1 that there should always be an outlet for exceptions.2 Just like variances to ordinances, these are considered3 exceptions to these design standards. And that is found4 at N.J.A.C.5:21-3. Those are exceptions, and it's5 states, "The municipal approving authority may grant by6 resolution of the Planning Board or Zoning Board of7 Adjustment such de minimus exceptions from the8 requirements of the site improvements standards as maybe9 reasonable and within the general purpose and intent of10 the standards. If the literal enforcement of one or11 more provisions of the standards is impracticable or12 will exact undue hardship because of peculiar conditions13 pertaining to the development in question." And then it14 says, "An application for exception pursuant to this15 section shall be filed in writing with the municipal16 approval authority and shall include" and then it give17 some basic, you know, written instructions. But then it18 states, "Examples of de minimus

ection shall be filed in writing with the municipal16 approval authority and shall include" and then it give17 some basic, you know, written instructions. But then it18 states, "Examples of de minimus exceptions include but19 are not limited to the following, reducing the minimum20 size of parking stalls. Reducing the minimum geometrics21 of street designs such as curb radii, horizontal and22 vertical curbs, intersectional acts and angles,23 centerline radii and others. Reducing cartway width and24 any changes in standards necessary to implement traffic25 15 calming devices." And the next paragraph says, "The1 municipal approving authority granting a request for de2 minimus exception shall be based on the finding that the3 requested exception meets the following criteria." So4 this is your guide set in the administrative code as to5 what guides you into giving a de minimus exception.6 1. It is consistent with the intent of the7 Site Improvement Act.8 2. It is reasonable, limited and not unduly9 burdensome.10 3. It meets the needs of public, health and11 safety.12 4. It takes into account existing13 infrastructure and possible surrounding future14 development.15 There was also one variance requested which16 was a -- promulgated under both the C-1 and C-2 criteria17 and that was for the exposure of the foundation walls.18 I, through out the course of the hearings,19 took note of the various suggested and agreed upon20 conditions. I can read them to you now, they would only21 come into play if you granted the application. You may22 want to hear them at this point so that you -- it makes23 you think one way or another as to whether the24 conditions help satisfy you or not satisfy you in terms25 16 of a decision.1 CHAIRMAN BAGOFF: Ask the board if they have2 any questions about what you've said so far.3 MS. McGOVERN: Okay. I can stop there. At4 any point in time if you have a question please let me5 know and at any point in time in your deliberation if6 you want to check back with me with what the law is on a7 specific thing, I'm here and I'm happy to respond. If8 there's something you would like me to go over again, if9 there was something unclear at this point, I'm happy to10 do that. Otherwise, I can just go through the list of11 conditions, kind of at a fast pace perhaps now and then12 in more detail, if need be, later on. All right. I'm13 going to skip the

'm happy to10 do that. Otherwise, I can just go through the list of11 conditions, kind of at a fast pace perhaps now and then12 in more detail, if need be, later on. All right. I'm13 going to skip the standard ones that you all see in14 every single resolution and go to, applicant agreed to15 abide by all the suggestions and directives of the CME16 reports by John Hess dated June 26 and July 29, 2024.17 Applicant must clean up garbage in the18 wooded are before deer fencing is installed.19 Applicant agrees to add additional20 landscaping in the form of spruce evergreens in the21 location of the southern edge of the property.22 Applicant must apply a blasting plan that23 includes a plan for vibration and dust.24 Applicant shall supply all geotechnical25