5 6 26 WO PB Draft Minutes

5 - Chairman Bagoff asked Mr. Materia if the building is physically gone now. Mr. Materia said he has never been to the property. The board took a brief recess of approximately five minutes PROFESSIONAL COMMENTS - After the recess, Ms. McGovern reviewed the language of the public notice, which stated that: ○ One resulting lot would contain the existing two-story single-family dwelling. ○ That dwelling was proposed to be renovated. - Ms. McGovern concluded: ○ A reasonable neighbor reading the notice would expect the existing house to remain. ○ The actual situation was different because the structure was no longer present in the manner described. ○ The difference affected how neighbors might evaluate the project. ○ Therefore, the notice was defective. - Ms. McGovern stated that the applicant should issue a new notice and restart the hearing process. - Ms. Apte requested that the applicant grant an extension of time for the board’s decision. - She noted the minor subdivision application had been conditionally deemed complete on March 3. ○ She would like to avoid any issues with deadlines while the notice defect was being corrected. - Ms. McGovern stated if they didn't get their notice done correctly, the time wouldn't be running - Ms. McGovern requested confirmation from Mr. Materia that the applicant is allowed to re-notice. Mr. Materia stated they will re-notice. BOARD COMMENTS - Chairman Bagoff explained the application could not move forward that evening. ○ Nearby property owners would receive new notice describing the revised application. ○ The matter would return to the board after proper notice had been provided. GENERAL DISCUSSION - Mr. Ellman clarified that no conclusion should be drawn regarding whether the application qualified as a minor subdivision, emphasizing that the issue still required a formal determination. ○ Chairman Bagoff explained that the consulting planner's earlier reference to a "minor subdivision" was only intended to address the timeline for board action, not to make a binding legal determination. ○ He stated that when the application returns, it will evaluate every aspect of the proposal, with input from the township planner, land use attorney, zoning official, and engineer.