WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=YuRMFw9T9tE

NOTE
MEETING SECTIONS:

Part 1 (Video ID: YuRMFw9T9tE):
- 00:00:04: Meeting Commences: Flag Salute, Roll Call, and Minutes
- 00:02:15: Resolution 2026-3: Roger Schlick Second Floor Addition
- 00:05:18: ECE New Jersey Solar 10 LLC Introduction - Industrial Park
- 00:12:10: Jack Ames Sworn In, Solar Panel Exhibit A1
- 00:25:06: Board Member Questions: Glare, Panel Weight, Structure
- 00:32:53: Board Member Questions: New Roof, Rapid Shutdown, Training
- 00:38:18: Board Member Questions: Emergency Switch Testing, Fencing
- 00:52:53: Paul Ricky Sworn In, Planning Opinion, State Guidance
- 01:05:50: Legal Council Discussion, Conditions, Property Ownership Questions
- 01:10:22: Board Discussion: Fire Safety, Ordinance Requirements, Approval
- 01:20:21: Meeting Adjournment, Texting Reminders, Close Session Info


Part: 1

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Sorry we're starting a little late everybody. Thank you for coming. Um this is a regular meeting of the Allendale land use board at which formal action will be taken on the items listed on the agenda and upon any other matters which may properly come before the land use board. The requirements of the open

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public meetings act have been satisfied through posting on the public bulletin board and in a municipal building and on the borrow website and by publication in the record on December 9th, 2025. copies being sent to the Ridgewood News and the Herald News. Certain agenda items will be open to the public for comment andor

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testimony. The board will advise the public when such matters are over for comments and your testimony. Before we get started, you will join the flag. >> I aliance to the flag of the United States of America and to the republic for which it stands, one nation under

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God, indivisible, with liberty and justice for all. roll call. >> Roll call. >> Thank you. >> Okay. Vice Chairman Dow >> here. >> Board member Aguilera >> present. >> Chairman Sarak Ser.

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>> Board member Butler >> here. >> Alternate Johnson >> here. >> Yes. >> Yes. um breeze through these these couple agenda items before we come up to the application. So, approval of minutes from the April 22nd, 2026 meetings. Um

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did everybody have a chance to review them? Any questions, comments? None. Okay. May I have a motion to approve, please? I'll make a motion. Give >> Okay. Vote. Vice Chairman Delo. Yes. >> Board member Aguilera.

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>> Yes. >> Chairman Serico. >> Yes. >> Board member Butler. >> Yes. >> Alton Johnson. >> Yes. >> Next on our agenda is the resolution 20- I'm sorry, 2026-3

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Roger Schlick, 58 Midwood Avenue, Allenale07401, block 205, lot 7. The application was for to construct a second floor addition on top of an existing floor with a new protocol pursuant to 270-14A

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270-57B 270-57D 270-57 E1 excuse me 270-57F 270-64 C270-63

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A1 270-63B 270-57 C 270-63A-1 270-64 C2 and 270-57 C. Uh Mr. Schlick came before us uh two or three times. He made modifications on

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the last act on the last presentation and we all approved it. But I'm going to ask council please for a quick summary of what we have here and then discussion on the resolution after. Certainly I care. So um yes, Mr. Slick was here on

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two occasions. The first occasion there was relief for pre-existing conditions, setback conditions, structural setbacks, building area and F which here for the year of the bulk relief. Mr. Schlick uh heeded the board's recommendations and endeavored to tighten up the plans, came

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back with modified programming at the second public hearing and either downward adjusted most if not all the variances and in fact eliminated a few others. The board thereafter approved the application. um subject to all the standard conditions. In addition to those, there were the conditions that

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the applicant comply with the board of junior report of January 13, 2026 that all existing landscaping on the property shall remain that the modified plan shown down adjusted relief be submitted to the board for review and confirmation by Mr. Breland's office. Uh the

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applicant shall investigate the satisfactory nature of the utility servicing the property and heed the recommendations of Mr. agreement's office related to storm water management implementations uh and the balance was satisfy all other agency permits required in connection

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and understanding other conditions as okay thank you sir um we all had an uh opportunity to review the resolution are there any questions on it I don't think that there I know there weren't any omissions but I just want to make sure

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the board okay um any Other discussion? Nothing else. Okay, perfect. Can I have a motion then to approve the resolution as uh written and was discussed by council? >> Thank you. I have a second. A second.

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Thank you. >> Okay. Vice Chairman Delo, >> yes. >> Board member Egleo, >> yes. >> Chairman Srio, >> yes. >> Board member Butler, >> yes. >> Bton Johnson, >> yes. Now come into the public port of the uh

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of the meeting and application for us. It's application file number 2026-08. Applicant is ECE New Jersey Solar 10 LLC Industrial Park 601 box 4.01

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01 4.02 4.03 4.04 assuming it's 4.05 4.06 06 and the address of 123 567

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Florida and 59 Route 17 South and it's pursuant to 270-484A for the installation of solar panels across the Allenale Industrial Park. For the record, my name is Christopher

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Quinn, QU IN. I'm a partner with the firm Penelis Halpern. Um, here on behalf of the applicant, uh, BCE New Jersey Solar 10 LLC. So, um, this is an application for a rooftop solar facility, as you mentioned within the,

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uh, uh, indentale industrial park. Um, it's on Pearl Court, although one property does up street address of Route 17. Council, excuse me, for one quick minute. Joan, are we picking this up? Okay. >> Yes. Okay, please. Thank you. >> I can't wait to >> No, I don't think you did, but I just want to be sure.

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>> That's fine. Thank you. >> I I don't get accused ever of being soft or quiet. >> Thank you. >> Thank you. >> Um so again, this uh the entire parcel is about a 35 acre parcel comprising of those properties. It's in the E

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industrial district. Um the industrial uh properties and buildings have been there for a number of years. Um what the applicant is proposing to do is uh proposing rooftop uh solar panel installations on seven of the buildings within this facility. Okay, there's

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eight there. There uh seven of the monitors common ownership. Um and there's one that isn't, but it's affected with those seven property build. Um uh the rooftop panels will be on on the roof. There'll be some additional ground equipment that's associated with

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this right adjacent to the buildings. Um, the fusion is actually permitted in your zone as accessory use under your ordinance, but it does have a requirement that the power generated from the building from the solar panels goes right to the building

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older which a lot of people have looked at solar and that's how most traditional sol ordinance is from 2015. Um, we don't meet that requirement. Uh, this is something a little bit different. This is some a project called

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community solar. Uh it's not that someone's coming out coming here and trying to utilize it. This uh power is going into the grid, but it's a little bit different. Um it's actually a state sponsored program that the legislature adopted in 2023. So the idea behind this

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is that previously a traditional solar installation, the benefit just goes to the owner of the bill. Do they have benefit? The property owner, they get the benefit. It's um reduction our electrical bills um and public benefits we get effectively if there's less power being

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drained by those industrial buildings it eases the grid so therefore there's less likelihood of any brownouts in the summers world tree recognition. So, um, this is different and again it's a state sponsored program where effectively anyone uh, and it's really

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meant to to benefit anyone that really can't have solar on their homes, renters, low moderate income housing, people that live in the shade, right, where you have, you know, nice shade trees that sun that are right, they can subscribe, they can uh, have, you know,

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into this program through the state through their power company and then effectively they get the benefit on their utility bills, not just the Okay. So, so that's kind of the reason from a planning perspective, from a visual perspective, operations perspective, it looks exactly like a permitted use. It

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operates just like permitted use except the power goes into the grid and the people getting the benefit are the community. Anyone in the community that signs up from this program. Um, but again, uh, the program is and that's kind of the general concept

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behind me. So, we'll talk a little more. Uh but from the perspective of this project also part of the process when they go through this with the state what the applicant does they actually reach out to the governing body and they have a letter of support from the mayor uh that's part of this too. So, this has already been disclosed to the, you know,

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to the governor's body. They're aware of it. There's discussions. They have a letter of support. Um but again technically it does need a use ordinance here because your zoning ordinance says that the power has to to build another. Um

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so the project itself for all these different properties it meets all the other ordinance requirements in terms of the design the SE actual heights you know everything that's required in ordinance that meet those requirements except for this aspect. Um

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so we do technically need a use for energy relief but as I mentioned first of all um and again the the municipal energy law first of all it does recognize renewable energy like that's this type of solar installation as inherently beneficial.

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So it does say that that definitely does promote uh the zero welfare and and basically the positive environment for the community. What I would submit to you as well is the fact that this is actually available to the general public to utilize it to get benefit directly from it. I think it even more so

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reinforces that does promote the general welfare of this community. So um secondly, the municipal also has a provision that says that uh these types of renewable energy systems on industrial properties over 20 acres in size are actually permitted as well. So I think again you can kind of imply that

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this is really an appropriate use here. Um, and I would submit to you that that's kind of the basic argument. So, we're going to have no negative impacts, complies with all our aspects of the design with the ordinance. But effectively, that's kind of the gist of our argument with the gist of our kind of introduction to get a sense of I have

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two witnesses tonight. First, we have the representative, the applicant, Mr. Haynes, going to talk about the project, answer any questions you have about that, or anything else. And then we have our um planner Paul Ricky who can kind of talk about how this job and how this coordinates with the law and also if you

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want um or has any questions I can annotate them now or answer them now. If not I can go right to any question. I have no questions. I want to get into the meat of the uh testimony. So any questions? >> Okay. >> Okay. >> I'm okay with that. So thank you.

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>> Uh is more practice to be sworn in one at a time or we have both be sworn seat. We should >> Okay. >> Thank you. Sir, >> you swear or affirm the testimony you're about to provide the truth, the whole truth, nothing but the truth.

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>> Yes. >> Could you please state your name, spell your last name, provide an address for the record, please? >> Uh, my name is Jack Ames, spelled H A I Ms. Uh the address of our office is 80 Business Park Drive in Armmont, New York 10504. >> Thank you. And Mr. Haynes, you're

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employed by Brightfor Energy. Is that correct? >> Yes, that's correct. >> And Breour is the parent company of the Apple. >> Yes, that's correct. >> And can you describe your position? What's how are you employed? What's your title? >> I'm a project developer. >> And as such, you're familiar with this particular property, this project, and

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the plans or submitted parts application? >> Yes. >> Okay. Um now we have an exhibit that we uh prepared >> qualified for. >> Thanks. Thank you.

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>> Um here I've prepared an aromat exhibit that kind of overlays we can survive to the board. >> Yes. >> Yes. >> Okay. What I'll ask you to do is just to survive what this is and I'll introduce us as a so just what is this map? It's an arrow map. >> Yes. It's an aerial map. And then you

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took that from a Google Earth and you superimposed uh some of the project designs onto that. >> Yes. The intent was to kind of consolidate all the information from the individual site plans into one easy to recognize. >> Okay. And you oversaw that preparation. >> Yes. >> And it accurately represents what's being proposed by the

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>> Yes. Okay. So I'm going to mark this and I think you have a larger version. >> I'll maybe lay it on here. We have copies of the board. I think we'll mark this A1. >> A1. Yes. We'll mark the bigger one just

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single sheet. >> I figured it was easier than having seven different review and everything else before. >> It's an arrow map. Yes. >> Arrow map rendering. record. We'll just date this today

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regardless. Right on this A1 think which is the 13. >> Yes. Okay. Just for a reference point on the bottom you have root 17. Yes. >> And then you have identified every

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building that's being proposed here along with the kind of an arrow and it's a red box. So that kind of gives the build perspective. Nor is this to the right. >> Yeah. >> Okay. >> So I'll just uh ask you to describe the subject propert.

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>> Yes. So this is a Procourt Industrial Park. It's a commercial industrial campus right off Route 17. Uh there's limited visibility into the property due to surrounding tree coverage. Um that's a good amount to shield from view from outside. >> And what we're showing here is is that

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accurate that Breour is uh proposing to install rooftop solar facilities on several of these buildings here. >> Yes, that's correct. For seven of the buildings. >> Okay. And in terms of um I'll let you uh kind of go we'll go through the actual specifics of what each installation

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entre. >> Yes. >> And these will all be mounted on the rooftop. >> Yes. So, the panels we've installed on racks with um a slight pitch facing south. Um we have been careful to leave space around the panels for fire department access as well as walkways to

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existing rooftop equipment for servicing. Um the way the panels are pitched, they will be less than one foot above the grade of the roof and will not exceed the height of the rooftop mechanical equipment. Additionally, there is a small parapit on the majority of the buildings. So in other words, and

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also uh let me just mention that panels are they're not they're also set back as required by the ordinance of part the ordinance part of the 3ft setback from the end of the roof. They'll comply with everything. >> Yes, these designs have been designed to have a 3ft setback in the roof edge.

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>> And in terms of you mentioned before there's uh just like almost every single um solar panel, there's a slight pitch in them, but it's less than a foot overall from one side. >> Yes, that's correct. They're pitched at nine degrees and you know the way it lines up vertical distance is under a foot. It's about 8 in.

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>> Okay. And so therefore the way that's located situated there's won't be any kind of glare concerns or any aspect won't be visible to the park. >> Yes. These panels should not be visible from the public >> especially given the amount of tree cover between the either on the 17 or on the on the buildings or also just the

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fact the parit is set back. >> Yes. >> Okay. Um there's also and again the ordinance has certain requirement with respect to aisles for emergency uh access and rooftop access. All this is incorporated to your design. >> Yes.

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>> Um and any cabling associated on the roof. It's not going to interfere with anyone's access to the roof. Correct. >> Yes. >> Um and there's not going to be any uh for all these buildings. They're all accessed internally to the correct there's not is there no ladders outside exterior ladders?

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>> No access. Okay. Um, now about uh let's in the top right corner I guess of this exhibit you you went through and you generated uh calculations about how much power generates each sites, right?

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>> Yes, that's correct. >> Can you run through that for the board? >> So based on the system sizes proposed here, the annual production of the solar system should be just short 3 gawatt hours on an annual basis. Um based on census data, an average home consumes

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between 10 and 11,000 kilowatt hours per year or um or megawatt hours per year. Therefore, we've estimated that these projects should power 256 homes in the local area. And then a separate from the the

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um panels themselves, uh there's also some equipment that will be looking ground. Is that accurate? Yes, that's correct. There will be some rack mounted electrical inverters and AC accumulation panels and that will be before the tie-in point for these systems which

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will be on the secondary side of existing building transformers. >> Okay. So, and and those are kind of shown on each of these exhibits the general location of them uh in the black dotted areas for the boards. Each building you show like around where it's going to be. It's located within close proximity of the building.

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>> Yes. And it's not much ground disturbance about 500 to,000 square feet total. >> Yes. >> Um and around each equipment it's also incorporated certain safety mechanisms. Uh is there shut offs that are incorporated in this system

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for emergency shut offs? >> Yes. So each of these systems will have a 247 accessible emergency disconnect switch that will achieve a safe and efficient system shutdown that will always be accessible to emergency first responders. Additionally, with the

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panels on the roof, they'll be wired to rapid shutdown devices where in any case of emergency, it will create a you know fast drop in voltage to a safe level for emergency service access on the roof as well. So this is what you normally do with 12 as well. Yes.

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>> Okay. Um, and in terms of the location of these for each of these buildings, I'm I'm going to basically say that every single one of them complies with the ordinance requirements for setbacks, >> correct? >> And it's all located outside the wetlands. There's some wetlands on the western part of this parcel, but not

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within this specific. >> Yes. >> Okay. Um and there'll be mapping associated with each building given to the fire official party per uh department. Correct. >> Yes. >> And that's again it's an ordinance department here. Um and the equipment

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will be the orders also have certain uh marking as um signage departments will comply with all those. >> Yes. >> Okay. Um now I I I talked spoke with board engineer. get some I guess minor concerns about some of the locations of working at some

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details, grading what about each of these. Uh as a condition of approval, the app can be willing to meet with the engineer on site and make any modifications necessary to make sure the site can accommodate the support. >> Yes, we'd be happy to walk the site with the board engineer, review any requested changes, and comply with whatever

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requirements are laid out by the sound engineer. >> That's um advance. >> In advance. >> Yes. >> Yeah, that that's correct, Mr. and I did have a conversation. He obviously renewed the application to decipher generated report. So we had a

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conversation of the hearing a few of the items that we had observed on the ground and the plans that were submitted uh with regard to some of the groundbased equipment are somewhat

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general in nature schematic. There's some grading besides loss and vegetation areas that may be impacted by the groundbased equipment. We need to ask council if they consider as a condition of approval. Should the board act

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favorably on the application to meet with us in the field prior to permit applications being submitted and providing additional details they were necessary in order to ensure that ample statements sidewalks if there's a small retaining

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wall that may be necessary and we again we'll comply with >> okay >> correct >> yes >> okay so in terms of this system these systems are monitored remotely correct Yes. >> Um and access I mentioned before access to your roof. Um the site will comply

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with all building code departments. We do structural analyses to confirm all that. >> Yes. A structural feasibility report that is stamped by licensed PE in New Jersey will be provided to long. Um but again we have no concerns about

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this in terms of the load. >> Yes. >> And again the height of the panels will be well below the height of all the mechanical equipment that's only >> Yes. >> In fact less than a foot over the height of where some of the equipment looks at 5. So

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>> the se um we're not proposing any lighting part of this application. >> Uh and again you mentioned there shouldn't be any glare generated because of the panel themselves but also the orientation. uh the buffering around it. >> Yes. Um now I'm going to talk about

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community solar because again I think that's kind of the arguments part of the the whole kind of variance aspect here from this for the use. Um you heard me give an introduction of community solar. Is that a fair accurate representation? >> Yes. >> Okay. Um can you just maybe highlight a

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little bit of the purchase of the community solar project? >> Yeah. So the community solar program was adopted by the state in 2023. This is actually a permanent program which follows up on a successful seven-year pilot program. Um, it allows for renters or folks who can't put solar on their

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roof to subscribe and procure energy from solar farms not on their property at a discount to utility rates. On average, users will save around 10% on their utility bills. Um, additionally, there's a carve out of at least 50% of the subscribers to the program needs to be low to moderate income. So, it's a

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great way to reduce the burden on some of their bills for folks who are low to moderate income. Um, and additionally, it's, you know, advantageous in the sense that reduces the stress on our electric grid by local

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green local generation that beats the grid. It reduces the reliance on some of the other supply. So it just like any other traditional solar facility, it will ultimately have a reduction in terms of the drain on the

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grid for power. >> Yes. >> But in addition, there will be also direct benefit to any subscriber that they will be getting from the public that subscribes will be able to get a uh benefit in their utility bill. Um as opposed to just having the benefit of having less, you know, more capacity.

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>> Yes. to look at. Um I think that's the address uh with respect to the project for the output uh and answer hopefully we can answer any question the board may have about this or um I've seen there's all from the public

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we open Michael is there anything that you need to add to or >> I think I have information that I was fill Thank goodness. All right. Um Lord, I have some I have some things written

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down here, but um I'm going to go through my quick. Sorry if you don't mind. Um you said that all of these are all these are tilted angle south. So across the street

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from the uh from commerce, you know, residents and all kinds of stuff like that. It's not it's not to be th anything that you're doing here will not help. I know you said it before, but I have to ask the question again.

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No detriment to our neighbors and settle with it. >> No. And a big contributing factor to that is that um you know there's a lot of landscaping and tall trees >> um that are going to obscure the view from anybody to the south there. >> Okay. Okay. And of course there's

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resident you know residential homes on Avenue which is which are not depicted any this area but this seemed to be far enough away that I wasn't concerned about the way. No, there the the there's quite a bit of buffering on to the west. Correct. Like there's a bit there's quite a bit of latency buffering to the

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west. >> Yeah, to the west to the west and and there is to the west but also I was more concerned to the east which the south river my reference to south >> and then my reference to the south to people which this is obviously deeper in

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from Alen because there are some residents over there as well. >> Sure. Well, also to the south, I think those songs are lower in elevation which makes even less impact. >> Okay. Same thing at the top. Sure. That's true. Well, >> yeah, that's when they are much lower. It actually helps greatly in terms of

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that, you know, in terms of first of all um your testimony stands as it was the the existing buffering around here and also with paratites and the the very low uh pitch of the of the towns. It still

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stands, but uh it also is almost felt from suspenders of back to the homes that are around at a lower elevation. So, they're not going to be able to see up over the height of those cities. >> Okay. >> Correct. Yes. >> Okay. That that's fair. Thank you. I had was

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um the panels themselves you there'll be a structural engineer going in making sure all the buildings would support the weight is what I think I heard right. Yes, >> that's correct. So >> what is something like this weigh? I'm sorry for interrupting. What is what what is like how much extra does this

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add to the tires like pounds? Um you know >> what is the weight of one self? Yeah. Yeah. So, one panel is around 200 lb.

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And the way that the systems are designed is to spread out the load across the roof. So, in any localized area, there's no I mean, no more than five pounds per square foot. And this is achieved by combination of Dallas and

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And again this has to be verified making sure the building >> absolutely >> will support the sense as far as >> no again this is all done as part of the permitting they give a licensed structural engineer will provide that as part of the per

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they always do that as part of their asset. So just to elaborate this question for a minute. So 200 lb per um each solar array. What is the the dimensions? Three and I only see three and a half width. I don't see the less. Um,

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>> it's 44 in by doesn't say on the fourth sheet. It just shows shows a side view of it. >> Says 44.64 64 in but it doesn't say >> six feet >> six feet >> oh I I would like to correct myself on

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the weight of the panel it seems like one panel is 77 pounds >> they haven't directed them we have that information that are the panels actually fastened directly to the roof structure or they held down by ballast how this secured.

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>> So there is a racking system that's essentially rails that um will be mounted to the roof with a combination of ballast and mechanical attachments depending on you know various factors of uplift force or how much capacity the

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roof can hold. Um and the panels themselves are fastened to this racking rail system. >> And the rack and the racking itself as you said is obviously bolted to >> Yes. maximum wind speed

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that's effectively challen um I'm I'm not sure I know it off the top of my head but we will refer to OSI requirements and that's based on you know where the building is there's a geography there's a you know requirement

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for what that maximum wind velocity would be that's kind of governed by this uh >> yeah simply isn't a change for and I I isn't a change uh depends on every county typically has its own separate set of of standards for what the minimum

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you know what the wind load has to be >> yes my jokes in Miami recently they just had a very high number much higher than we ever see in New Jersey right >> but uh nonetheless um it will comply comply Yes, just wacky left field

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question. If anybody's worried about that, why would they put them on a angle of not flat? >> Intention of the angle is to understand the whole the sun or >> that's what it is. You know, is the the panels are tilted towards the south,

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you're going to get a higher yield out of panels in terms of how much energy they're they're generating. And I can say just just I as I drove here in fact on my way here I I drove past a ground mounted facility in my hometown and

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this pitch was much higher. In fact we're doing this isn't a very particular high pitch. >> Yeah 10 degrees is much lower than what is you know optimal for solar performance but it's you know better for the roof better for the community and it's just more effective in a rooftop

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application. >> What is optimum? I think it's like 22 degrees. Most of these buildings were built with snow and expectation that it wasn't preserving.

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>> No. So all of the structural evaluations are based on existing roof decking and how the how it was designed, how it was built. So there's no proposed modifications to the roof. I will say that um for all of these sites, the roof

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membranes are all being swapped out um just to you know reduce the impact of the solar system on the the roof structure. >> So you're putting a brand new roof on all of them. >> Yeah, putting a brand new CTO roof

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membrane on all these buildings. If you reference the exhibit, um, you'll see the ones that are white have already been replaced and the ones that are black are either well underway to be replaced and 100% will be prior to start construction.

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>> And they also do maintenance, too. So, you're not 5 years from >> Yes, that's correct. >> So, I do have a question. Um, you mentioned uh the walkway width and all that. uh to fire department access. You talked about the rapid shutdown switch.

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With that said rapid shutdown switch, how long does it take or react to for a complete shutdown? >> For the rapid shutdown devices that are wired to each module on the route, that will occur within seconds. And for the emergency disconnect switch on the

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ground level, it will be immediate. Um, with since since you're doing this in such a large area, would your company be opposed to doing a training um, a walk

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through with the local agency, the fire department uh, for this? just so in if an emergency happens, they're able to see what they need to do to shut it down and go to the >> That's something to be that can be accommodated for sure.

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>> Perfect. Um I I know how solar works. Is there anything to stop is there anything in place for these panels to stop the solar be generated once disconnected? So I'm saying if a panel needs to be

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removed from there, is there anything that stops it from generating power? >> Okay. Um the inverters that are connected to the panels are grid interactive meaning that if there's any lack of voltage to them the entire

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system will shut down. So turning off that inverter will allow for that section of the grid to be accessible and swap out. But let's say, God forbid, there's a situation below that 95 degrees.

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the panels themselves. I mean, they're they're what they're lined with a metal, I'm assuming a dumb question. Obviously, you got sun coming on to assuming that there's some level of temperature, but

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do these things get crazy hot? >> They shouldn't. No. and so panels themselves have a operating temperature um and you know that's the

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at standard conditions that's silent operation trying to word and those will make it wouldn't be operating in a way that's be handled without. >> Yes, that's

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okay. Um you this this 247 emergency switch. What um you install them? What is the recommended time? When is the recommended like how often would you test these

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things to make sure I mean the reason why I'm asking this again if you're putting it on top of those said around here we all got some snow this year >> so you're getting all every cold so you

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got cold and you got set on top of building and the sun getting 140 50 degrees, whatever. Okay. So, the breakdown responses emergency switch scorches, how often is that tested and who tests it and is that documented to

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at least be provided to the building owners or to our fire department. I'm just I'm looking for protection. Okay. Andy, if you want to add something to what I just added, please

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to what I just said. I'm sorry. add I'm comfortable with what you're saying with the training all that kind of stuff with they're going to shut the if it shuts down shut down switch is going to be seconds and the main switch is going to be okay

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so but how often should they switch yes they do hire maintenance companies to come out and basically come regularly keep muting process >> yeah so standard industry practice there's an operations and maintenance divider ider that will you know service

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the system. Um in addition to kind of if there's any issues with performance or any issues identify a specific hardware which is all monitored remotely they also perform at least annual checks on if all the equipment is functioning properly.

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>> Plus you work with your owners so they have people on site who's the cable that always problem. >> Yes. So in addition to you know these projects we will provide the township with an operations and maintenance

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manual which will kind of outline the safe operating procedures for all the associated hardware and this will be given to the township as well as to the um the maintenance person on site the asset manager. So they'll be familiar with all

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the associated solar equipment and with anybody on site, they'll be able to direct them to where they need to go for emergency responders. >> Obviously electronic equipment. >> Yes. >> Emergency disconnect switch you have for the system. Is that down on the ground

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next to all the other equipment? >> Yes, this is the on the ground level. >> No help. I'm sorry. Excuse me. Just to clarify before you go further, is it a building which is what those those areas that you depicted in the square will have. Go ahead. >> Yes. >> And that ground mounted equipment is it

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protected by a fence? Is it tamperproof? Are they tamperproof panels? How does worried about the public or somebody gets in there who shouldn't be there tampering with equipment? >> So the equipment is all lockable. um how we currently have the design um on the

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exhibit and in the site plans is that six out of the seven um areas have ballards. However, if it's you know desired by the township for safety purposes or for you know to dissuade the general public from access whether it's

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privacy screening or events or whatever, we'd be happy to comply with that as well if that's desired. So that's something that's if you want then we would be happy to put that in fence >> but but it's typically locked so it's not available. It's not going to be something that

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>> first of all I don't think this is really the area that's going to be the attractive nuisance to teenagers who are hanging out in the parking lot, >> you know, and they're in the parking lot or whatnot. I don't think this is the location here. But even if it was, I don't think it's the kind of equipment that's going to stand out to them. It's

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going to say this is the spot that's going to be turned off. >> Yeah. Um in fact rather it's probably the only the people that are going to know or the people that should know the people in the building fire department um and and the people that actually understand the school. >> Yes.

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>> Knock. >> I was just that was inquiring. Each building has a knockbox on them. If you're not familiar what a knockbox is, it's a fire department access box of course in case emergency get built. Can there be keys to those

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panels incorporated into the boxes? So, there are keys to it. For the simple reason of if if the unit needs to be shut down in an emergency, it would obviously those shut down switches would be in that tre. people that have sex

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we um I think the appropriate let me I think is the appropriate answer that we can work with your prior department to make sure that's appropriate it may not be that specific key but it's whatever they deem appropriate it's a key if it's something else whatever is

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something to get into the panel for access the emergency shutdown just in case. Yes, I think that's that's accept like I said whether it's a physical key or what you know what code or whatever it is is you know they don't know if they're

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working out just for clarity these panels don't provide power to the buildings they reside on they only provide power to the grid >> that's correct Well, yeah. Um, kind of how the program is set up, um, the on-site building is

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referred to as an anchor tenant. So, there's kind of a carve out of how much of the system generation is allowable to be used on site. So, you know, I'm assuming that these buildings will be the anchor tenants for these community solar projects. likely some of the

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energy will go there as well. I'm not recalling you know in the program how much of the percentage of the power can go to this anchor tenant but they will be subscribers to the projects. So in other words it's a portion of

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possible is potential but it's not the full intention of the product. >> Yeah. Again, that's the difference between probably if you drive and you see a, you know, a 10year-old solar facility out of rooftops around New Jersey, that's probably what you saw before. Yeah. And this is that window

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probably being 1% >> most in its most forg. >> No, they're not. >> Okay. They're not their intentions. Use the buildings are as you called it an anchor to anchor the panels for the

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generation of electricity to be sold into the grid and maybe the building may get a little bit of its >> right. They can subscribe to program just like anyone else. >> Okay. >> No, the program is for the public, not

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for community solar and state uh not for the private business problem. Um jazz good. Okay. Um you had mentioned

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here with with parking whatever we would have the attendance there and things like that if it becomes a bigger situation as the building has to do. of um with where you're going to locate the panels, the internal panels because

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we're depicting these squares. Um there's what what is what are you guys projecting the impact? What are you guys impacting? What are you guys playing the impact on the on loss of parking spaces?

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>> They're not going to impact any parking spaces. So all existing spaces are going to remain. So the no change part >> adjacent to the no change. >> Okay. It's all okay. I'm I'm sorry because I was just looking at um six pearl port as an example.

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six pearl on my on my picture and I'm seeing you know the square cutout here and it's got seven or eight spaces which are including >> so I can cut >> yeah the square cutout if you look at the so this is kind of a >> small square too

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>> yeah it's kind of a mismatch between the exhibit and the site plan themselves kind of how it's drawn in the site plan that box is intended there's another picture that kind of shows a blow up blown up version of that area the box is not representative of the equipment itself. That's more just kind of showing

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oh this this picture you have on the side here this is this area is that >> so and then there's a small box within the dotted line >> which I said yes >> and then there's also some orange lines >> yeah the orange lines are required

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setbacks for the the equipment itself for access and servicing >> but but so to give you a perspective it's just because the box is in the parking area doesn't mean there's parking space being lost but rather certain areas around

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that um will be within that vicinity. >> But again, there's zero. There's no parking. >> There's no parking spaces. >> Exactly. There's no parking spaces also as part of the south. >> Okay. And then and then the orange that you just that you called out. >> Um is that kind of is that where would

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go protections? So if you look at the diagram, you have the orange checkered spot. Yeah. And then you have dot little circles in front of them. The balance marked on the diagram. Okay. Okay. Thank you. >> I could have seen it better five years

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ago. >> Oh, thank you. Thank you. Um All right. Um you know, we're talking about very specific site. I get it. Okay. But you guys have done this before.

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Tell me where just tell me where. Tell me where else you've installed this in a property similar in socks. Yeah, just in Bergen County. We recently got through commissioning on uh I believe 10 projects between Fairfield and Pine

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Brook, New Jersey. Um kind of in conjunction with this, we're also developing three projects in Mawa. Um Yeah, we're developing project in Oakland as well and we field. >> Yeah. >> Okay. But where have you installed like

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what what's already up and running? >> Um Morristown, we have you know portfolio of 19 rooftop projects that are very similar in nature to these that are operational in 2023. And there's been no issues since

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I mean there's no issues at all. Nope. >> And that's just with respect to communic. >> Yes. >> So not just beyond the traditional solar that directly put the path as well. >> Is this one in the bigger pro projects

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size-wise that you guys have done? >> No, it's not. >> So you mentioned Morristown. So >> yeah. So in Morristown it was a portfolio of 19 projects that were all similar in size to to these those projects. So

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>> seven and what's 19? Yeah. in castle I'm sorry looking at as an aggregate you know I know it's seven mill I was looking at more looking at the whole >> yes that's why I think you would say those 90 millings are all comparable as

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to these >> thank you for the product >> all right question for our engineer Michael I think there's seven separate properties. >> Yes. So in in the application process,

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>> they filed seven applications >> for seven applications plans >> and it was seven sets of site plans and it was decided for clarity that minimize confusion. It's all one application,

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right? It was that seven. Even on the building side will be seven building. >> Yeah. One other thing you just want to clarify. I think in terms of one question misleading at all. >> Yeah. Uh earlier on we've been asked if

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the racking system was a bolted connection to the roof. I just wanted to clarify that um the racking system with the panels the bolted connection was referring to the panels to the racking system itself. The racking system we fastened to the roof with a combination

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of mostly ballast um as well as some mechanical attachments as needed which are you know mechanical fasteners to the roof structure and that's typical for all types of solar system. Yes, that's correct. >> Yeah. For for let me ask you this question. In terms of the construction

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of these sites from a physical perspective, there's really this is consistent with the design of pretty much any other type of rooftop solar solution. Correct. >> Yes. >> I I think I guess the question was was brains but I think might have been modified

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something else on the board. But you know if you had well we do the best that we can except for a hurricane. Okay. for a tornado which thank God we'll be able to get it out there but have you know are we going to have these things peeling off and we'll find them

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in the Hudson River or somewhere >> no I mean the codes are written that way specifically I mean again our our codes are written a different way and I think they're given you kind of extra factors knowing that sanity happened right I mean exactly so you know and they've

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also been updated consistently too so as as my some of my structural engineers would say it's gotten harder to to build what they've done in the past several years than what it was 10 years ago. >> And obviously they're adhering to the most upto-date >> exactly requirements. Yes. Set forth by

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the state etc. Exactly. >> Or the governor bodies or engineering etc. >> Questions for this witness. Is there anything? Um I open up to the public any questions, comments of assessing the

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need to serve. Okay, seeing none, I bring it back to the board. >> We will we have our plan and uh just run through the the proofs with respect to the insurance being requested.

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Thank you. Thank you. Thank you. Mr. You swear or affirm the testimony about the truth. Hold truth. Nothing about the truth. >> I did. I speak loudly. Okay. >> You always speak loudly. >> Okay. >> Your planning license remains in good

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standing since you've last appeared last Wednesday in my presence. >> Uh I have but just just quickly um I'm a licensed professional planner since the year 2000. have bachelor's degrees in city greenfield plans and rock university. Um I'm I'm currently a municipal planning consultant in in

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seven towns. So I I you know on the other side of the board I I hear the same board's questioning and ask I I testify regularly uh in front of boards. I've been qualified in every county in the state never in Alabama um

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over 250 towns. grew up fairly locally in my view but never testified. I I I divert to council to make sure that okay is a relative question but there's certainly a qualified expert witness.

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>> Well, welcome to Alen. Okay. Welcome to Al. Please please proceed. >> Sure. I I I just like to I'll just say this and again tell the board we've done meeting what you reviewed and also any opinions you have with respect for the variance.

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>> Sure. Um I visited site I I visited the application materials um spoke to our applicant team asked my questions and like reviewed your code your master plan and the like and based on that was able to form a planning opinion spent a decent amount of time also reviewing the

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community solar program um with the state they're doing initial land on how it treats these application I guess that's critical so be form of planning pass to the

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appropriate to um if I may I some of this I'll try not to be repetitive um as much as I can but some of this information is already indicated by our attorney um again um it's the the combination of

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these properties is approximately as said approximately 35 acres um they're in your e industrial district uh it's important to recognize We may not meet the entire intents of this provision as there were multiple applications that are filed but it's important to

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recognize and this man recognized his use in section 4055D66.11 and I'll just indicate what it says wind and solar facilities permitted in industrial zones. It provides that a renewable energy facility

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and that's including facilities producing electric energy from solar and photovoltaic technologies on 20 or more contiguous acres under common ownership shall be a permitted use with every industrial district of that town. The state's trying to push these facilities

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into industrial district. I don't want to go off on a tangent here, Mr. sharing, but you may have heard in past years there were a lot of complaints associated with more more so in South New Jersey where farmland was being replaced with solar panels. And so the

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state really had a focus of placing these on on roof on the city planner and the city and then every warehouse that goes in gets these panels placed on on top of common place >> but >> it just happens. Yeah, they they

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designed them uh for they designed ready to accept the panels and then they just miraculously someone saw >> and again the question said the board was closed earlier is because when you're building something build they

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build to it but here already got this and now we're retro retrofitting other you know which I'm sure you understand 100% understood. I I understand it and safety has to be paramount as part of any development application. Well, I understand it

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completely. Um the use can see the state is promoting this use. The use is also an inherently beneficial use and that's a use that is determined to promote the general welfare of the community as what that means from a land use planning perspective. As a matter of law, an

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inherently beneficial use is considered appropriate in any district throughout the municipality. So state says they're appropriate in large lots and industrial zones but landing also says that they're appropriate anywhere. I think a lot of the distinction realistically is in

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residential zone you'll see it done on a much smaller scale on rooftops than you may see in an industrial. Um but with that said the law says that they're they're appropriate everywhere. Uh, you also heard when we reviewed your ordinance provisions that those

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ordinance provisions were uh created when I looked in your code in 2015. That was before the state enacted some of these changes to the missing land use as well. Um, but with that said, I'm going to I'm going to go through the the requirements under the law, but uh, as

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Mr. Quinn said as well under your ordinance requirements the only provision that we do not meet is that your ordinance requires these panels to be used in an accessory manner for the on-site buildings. Obviously based on our testimony, we're looking for these panels to service the greater community as a whole. And to move that state

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community solution that was that was tested to you also heard, you know, our attorney also was articulate in in recognizing that, you know, if energy stays on site or stay or goes off site, that doesn't change the visual impact or or how the fuse really populates. So I'm

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going to get into that quickly in a moment, but so it's really a function of where the power is going is is is the change. Um so this use is also anticipated under your code in addition to the municipal land use. So I'll just give that one caveat. Um but because we

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typically have a use variance when different than other use variance applications when the use is inherently beneficial, we automatically meet the positive criteria for the reasons I mentioned and it focuses on negative criteria. But that even that requirement is reduced in terms of how it's viewed.

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For other use applications, the board typically needs to show need to show particular suitability for the site. Um, you need to reconcile your use with the master plan. Those are not required for inherent benefits and uses. Um, we're

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we're required to uh review under the the specific case which is a four-part balancing test. And essentially what that balancing test does, it asks you to identify the public interest at state uh the negative impacts associated with the use whether those impacts can be

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mitigated and then it ask the board to to balance the benefits versus the detriments. If there's no substantial impact associated with the case, that law suggests that the board should be approving an application as such. And that and that's the difference than a traditional mutants that report. And if

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you really heard, I'm not going to go into everything the previous witness has said. You really heard the public, right? It's to provide power um you know to low-inccome households and other individuals in the community through that friending program um that advances

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renewable energy generation, reduces greenhouse gas emissions and supports energy affordability through community subscriptions. I think that's the really gist of of the public interest here in in terms of the the negative impacts and we kind of discussed I think the board

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discussed a lot of this already. I think you have to recognize that that these are already passive land uses. These aren't land uses that are that are generating any real traffic noise needs for sanitary sewer and like and

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all those type of services that most uses uh receiving a use variance that would have to consider that's not uh at play here. Uh from a planning standpoint, the the principal uses these are kind of similar to cell towers is is is what's the visibility of the use.

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Clearly the issues of safety, a lot of those issues of safety are they have to be addressed through that that building permit process. State laws are very stringent on how um the these factors are or you know through that peritting process that occur. Um

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so again so when when looking at the negative criteria also I would indicate that because your ordinance requires this to be uh an accessory use that would be something that would be considered to be negative as well that that needs to be reconciled uh to that

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again I would say that there's a conflict here with your code and state code which essentially this community solar program which essentially is part of the state energy master plan and the like requires us to to provide that

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service offsite. So there's a direct conflict. We think that the fact that we're uh implementing state policy and code uh we think there's benefits outweigh the detriments and we hope that the people will agree with that assessment.

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Um, also, um, because this is a roof mounted project, we're not going to be clearing large swath of Rome and the like, uh, that you see going on, but historically in South Jersey, replacing farmland in the like. There's already minimal site disturbance going on here. I think we just heard that there's going

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to be small areas where I guess some of the equipment is going to be located. That's also we heard the testimony regarding the limited visibility, if any, of these panels. And in my review of driving around, okay, this is not these buildings aren't located. There's

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residences fairly close by, but they're not right there. There's woods, there's there's Route 17, there's gray chambers. These are polar buildings. Um so there's no substantial at a minimum visual impact that would occur um from these

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panels as well. Um also um I believe that the panels are compatible with the character and performance expectations of the zone. This is a dust field zone and here it's a low intensity use with limited daily traffic noise and and

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other impact. So kind of summarizing, I had a little bit more detailed outline, but I think it's clear here that there's some tremendous community benefits and regional benefits associated with the solar and the inherently beneficial nature of of the project versus balancing versus negative impacts which

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really are really very limited to none. There's really no visibility. I know there were concerns from the board regarding safety and the applicant's going to adhere to all the safety requirements of this use through any mitigation to the board and

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and also through that very strict permitting process that this has to go through as well. We also heard that these facilities have ongoing maintenance individuals that will keep up the system. So this is not a a new emerging land. These these have been

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around for some time. Um and this is this is not a a town that's going to be accepting and learning for dealing with with this type of work. So um for the reasons I mentioned I think this is a very strong application for for use. Thank you. One other question too and

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with respect to the conditions that's also part of the seek values the applicants already agreed to on top of comply with the ordinance and complying with all code requirements but also to meet with the fire department to to meet with the board and give an additional uh sense of information exchange and

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security uh and comfort level from those uh professions. >> Yes. I'm sorry. All those mitigating conditions should help I guess hopefully satisfy the board as as to the safety. >> Thank you for the question. Okay. I mean, I agree with everything is

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covered and great testim. So, um, I don't really see I I don't I don't have any questions, you know, public

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I don't think we are going to discuss the statuto. improves the enhanced rights, if you will, of the photo rotating systems. Um, I do have some conditions of respective approval of favorably. Chris, I'll share the resolution and draft with you before it's adopted at the next meeting if the

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board takes firm action this evening and we can go over them after um when the board's in deliberation and we can we can start walking through them. I've got them rough out here to make sure we captured everything, but I've got nothing else. All right. The board doesn't have uh any

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questions. >> My submission will be very brief. I I basically will will reiterate what Mr. Ricky, I mean again if the board has questions or concerns we can welcome. >> I just have kind of unrelated and I you may not want to answer this fine is just

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if property changes hands what happens to this asset stays within >> it would stay with the run correct. Yeah, the agri runs with the land just like any writing server, you know, lease

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typical. >> So, who own again maybe it's not something it's not the per the board, but who owns you guys own them and then you're leasing space from the building. >> So, the building doesn't own them. It's owned by the the company. >> It's owned by the company. >> Yes. >> Okay.

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So, so it changes owners. >> Yeah. That's >> question is is do the new owner have the right to say I don't know. >> No. It would be fun just like so it's think of it almost as again it's >> it's akin to I wouldn't say it's the exact same situation but >> but if you have a lease and if you have

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a lease on the property and your landlord moves but your lease you it's like as any lease portion lease I write for any of my clients it says that the property sold it's transferred over to the new you know your rights are are there to stay these are your rights and they stay regarded to the owner and

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that's you just like any commercial sale would be subject to all the other rights and and uh contracts that are available on the property, >> you got assignment and deployment, it would just transfer with the new property. whatever the terms of the underlying shel that it's tenant. Yeah. >> So, but does that then become

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>> again just theoretical question does this become like a restriction or >> No, it's not it's not not a de restriction just like any occupant any tenants any license on the property. >> So, another question I have is only this

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is that Volkswagen but let's just say Volkswagen is it Volkswagen. Okay. Volkswagen's back then Volkswagen doesn't know they don't want on their building. What happens? >> There's a contract already in place that has no

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>> that >> the contract is in place. >> Okay. That that control >> landlord could do whatever you know >> that that control the contract control. Think of it I would say it's equivalent to any lease. So if you all a sudden have a landlord says you know what I don't like you get off. I have a lease

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right here for the next 20 30 years. we've invested actually setting up our lease space. I mean, so it's it's very secure in that regard. It's just like any other uh use occupancy within within the you know, it's just it's different because it's it's utility based and it's

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an unmanned facility, but it's you know, a lot of the property law kind of theoretical things you think of apply here. Your contract dictates what >> and then the fact that the state is pushing this for lack of a better word, that also helps that much

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>> certif members. I hope we answer all your questions. If there's anything else, we just simply talk about that's the brief. >> Thank you. All right. Public questions of what you heard. Not seeing any. I

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bring it back to the board. Discussions. I have one one comment. Um so by looking at the array on top of the buildings, it's quite a lot of coverage of the existing rooftops. Um both from the fire store

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department overcome them. See how did how they would fight a fire with this array up there. So that's why I inquired about the uh training class and all that with that. So if they can save plus one thing your ordinance does

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include which is incorporating design our first step on this there's certain requirements on the roof. There's aisle requirements to make sure there's proper access. there's apartments where the tables can go that your ordinance actually does contemplate all of those points because again typically I don't

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know if you've heard solar applications before but a lot of these would traditionally just go right to the building permit because as long as they compile the ordinance they go right to a building permit process but that's all incorporated into your code as it stands >> to to answer your question we do have

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these ones okay throughout the time >> and that's where you should be here I get what again is it's not really something before the 90s Michael correct me. >> Yeah, I know. I know it's we never heard

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>> it and meets the zoning requirements per >> Exactly. >> Yeah, but again >> this is really like the first one that we're hearing >> and that and it's understandable and again we're happy to be here. We're happy to be here. But um in in regard to your question, some of the ordinance

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departments like honestly a number of them specifically talk about safety for emergency access and and it built into your words. >> And to your point with coverage, you you've got basically the whole roof covered except for a three-foot sort of

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swath around the perimeter of the building, right? >> No, but also but also the required access there's access aisles that are required throughout. So if you actually look at the plan, there's certain paths and around the HBAC equipment >> uh to make sure that all everything can be maintained by review rooftop.

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>> Yes. >> Yeah. >> I was just worried about the perimeter, right? When somebody the firefighter can fall off. >> No. And again, there are requirements that your ordinance says has to be three feet away from from all edges of the building. So there's your ordinance does say that. Okay. So again, this is all Alenale has already incorporated a lot

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of these into into its uh concerns for safety >> and there's the parapit height. So you mentioned there's modest parapits on these. Typically parapits are three and a half ft higher, but it's standard. It's not that type of these types of buildings, but there's some additional

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parapit. >> You don't need a railing to increase that height. Yeah. >> Of the parapit. >> Yeah. and council. The reason why I've been on here for some time questions that were posing here, this is really the first

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time that I can think of that an application like this is probably that's why these are being I appreciate your comments too. the fact the way that our order is written and yes they are of

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sens in anticipation of this but not to the scale that we're discussing. No, agreed. But but again, interestingly, it if this application didn't it would have like I guess my perspective is if this

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project just had the owner saying I want a contract and I want to get better electric bills and I put it to be this exact project wouldn't go in front of this board whatsoever. In fact, because it does meet all those other ordinance safeguards that you're that the governing body hasn't put in place since

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2015. So it it you just wouldn't have seen but again um so it is like again we appreciate your questions and and again yeah I think the applicant is um certainly worth willing to work and do what what's necessary to you know again make the board feel comfortable here but

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again all these were already incorporated into your I I said that when I it's especially when I read through your ordinance all of these were incorporated into your ordinance all the safety concerns it actually was so it was a fairly comprehensive ordinance I've seen some so ordinances where it's two sentences and that's all you get from the entire Exactly. This is a

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actually a fairly comprehensive uh and detail oriented ordinance that was adopted by by >> Thank you. And and if I could just spend if I could spend it almost if we didn't have in that ordinance if we didn't have in that ordinance the

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fact that we say that we want the power that's generated to remain on the property it wouldn't cost what I'm hearing. >> Probably not. I mean that that they could have triggered site plans somehow perhaps but it would have at that case been a conforming site plan before the

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planning board composition of this board and statutoily it would have been beyond the ability to deny at that point. Um the use issue is what brings the board of loss of jurisdiction and then it was the decipher removal component which is limited I think evidence by Mr. Bri

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decision that's an issue report it's it's effectively conformance. Thank you for that. The board um council >> all right thank you. >> No no no not at all. No no no. So so we discussed a few conditions which which are refined in a more articulate manner

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but we talked about u all permanent documents going to be reviewed and scrutinized by all departments having jurisdiction including the fire official. uh uh pre and I I don't know if it's also potentially post like um install site inspection with your office to ensure performance with the federal

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mandated controls for both rooftop and ground mounted equipment. I I would say three and then whatever post. >> Okay. Three. Um special feasibility report to be provided with the permit

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filing documents. Applicant applicant to undertake and make the site available for a walk through with fire department personnel for training and educational purposes. Post implementation. U the applicant will file an O and M manual with Burrow that that was offered by by the witness.

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will add keys to the access panels and the existing notch boxes in the buildings if the fire department seems appropriate as a means to access the physical shutdown system if necessary. It's all I have here by way specific conditions. Chairman, board members,

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Mike, please let me know if I missed anything. And council, please let me know if disagree with all caption. Is there anything? >> I have no objection. >> Well, thank you. I mean, that was sometimes Sometimes I type a bit, so you

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got sometimes I'm off. Okay. Um board if there's no questions um >> yeah the boards at the applicant rest of their case the boards at the point where deliberate and make a motion to approve

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or deny whatever the board's pleasure is of it's right for action at this point and I ask if there's any problem with the board hearing so motion to approve that I I'd like to make the motion that we

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approved um stake all our questions were answered and I don't foresee a reason why okay thank you sir thank you sir I am I just want to be very clear on

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something I'm going to ask you we are approving this in this area for this application Precisely. And this is more for I think the record sake council and anything else. It's it's yes, the applicant has

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to stand on its own merit and subject to the parameters they've got with the property that they're that they're looking to develop upon with that programming. So the testimony this evening was peculiar and specific in support of the relief for this site, this site only with this specific type

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of use and the specific deviations that the applicant presented to the board. It does not create any type of pressure moving forward for another applicant walking through the door for a different site in the burrow uh just because the board may act favorably on this application. So this evening the applicant had a a full deck of witnesses

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fact witness and an expert witness who I can thoroughly explain the program proposed and a statutory criteria supporting the implementation of that programming. So, uh, another applicant cannot walk in that door and and phone it in, so to speak, with an ask for a similar type of development without

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putting their proofs on the records for satisfaction of the board in conflict with the statuto requirements simply because they want to rely on an action that might take. That's right. Despite the state, that's great. Okay.

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We own an understanding of that. Okay. All right. So, we have a motion and a second. So, we move to a vote. >> We're okay. We're okay. >> I think you need to vote. >> Yes. Okay. All right.

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>> Vice Chairman Delo, >> yes. >> Board member Aguero, >> yes. >> Chairman CO, >> yes. >> Board member Butler, >> yes. >> Alton Johnson, >> yes. Okay. >> Thank you so much for your time. >> Thank you. Thank you. Thank you for the presentation.

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Thanks. That was the extent of our hearings for tonight. I open it to the public for any questions or comments. >> Other no. All right. Is there any other discussion

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to discuss? Do you have anything that you don't? Okay. The one the one thing I'm just going to throw if you have is the texting. We're all good with I think this texting is is it's important

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like any you know what we've been doing. So, is there anything you need to add to that? >> No, I mean that's the only thing that I wouldn't if anybody submitted documents that's going to be discoverable. So, keep it all there, you know, and you know, it's and I realize we're still on

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the record, but but always watch what we say. Um, less is always more. It makes it easier for in a courtroom. For me, I'll sweat a little less if there's less things that were said. So, we can always go into close session for anything that warrants close session. Not just litigation, but threat of litigation and perceive litigation. So not necessarily

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just uh we have an active broad appeal pending right now. We would discuss that in close session. But if there was another application on that or any or somebody that thought was going to get any sites discuss it here in person, I would be communication as lean as possible.

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Okay. But again, the way they can use the technology that's all for stuff, administrative stuff, that that's fine. Yeah. the application. We're not supposed to do that to where you know as a forward at a public hearing. So, but you know, did you get the packet? I'll be there in

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five. That kind of stuff is not. Okay. All right. Thank you. All right. If there's no other business on you're good. Okay. If there's no other business, I have a motion uh to end. Thank you. Got a second.

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Thank you. All in favor? I. >> All right. Thank you very much for