Good evening everybody. Tonight is a regular meeting of the Allenale land use board at which formal action will be taken on the items listed in the agenda and upon any other matters which may properly come before the land use board. The requirements of the open public meetings act have been satisfied
through posting on the public bulletin board and in the municipal building and on the burrow website and by publication in the record on January 13, 2025 with copies being sent to the Rididgewood News and the Herald. Certain agenda items will be open to the public
for comment andor testimony. The board will advise the public when such matters are open for their comment and or testimony. Um before we start, if everybody would kindly join me to to the flag of I pledge allegiance to the flag of
America. L roll call, please. Vice Chairwoman Bergen here. Board member Wala here. Board member Patrino here. Board member Glua here. Councilman Yakarino here. Board member Dalo here. Chairman CO
here. Mayor Winski is absent. Board member Butler here. And alternate alternate Kanti is absent. Yep. Um and we have Mr. Kelly,
Mr. Kelly is here on Zoom. Uhhuh. And Chiki is with us here. Other than this, okay, so um next on our agenda uh are the approval of the minutes. I think we can just take all four of these together
unless there's changes. uh approval of minutes from the April 21st, 2025 land use board, the 23rd, 2025 land use May 12th and May 14th board meetings as well. Um I went through them, Linda, I
there were a couple, but everything else is fine. I don't know if anybody else had anything to add change. Okay, seeing none, can I have a motion, please, for approval of all four meeting notes as lined up here on the agenda?
I'll make a motion to approve. Thank you. Do I have a second, please? Second. Second. Thank you, Vice Chairwoman Bergen. Yes. Board member Rosalo. Yes. Board member Petrino. Yes. Board member. Yes.
Councilman Yakarino, yes. Board member Dalo, yes. Sico, yes. Board member Butler, yes. Thank you. Okay. All right. Um, we are going to do the
public hearings section of our agenda. Normally, we'll do the resolutions, but we'll we're going to do those after. So, the first thing that we are going to hear tonight is the housing elevate fair share plan of the burough's master plan. Um, a presentation by Ed Snankis and
formal action will be taken. The board, we've been spending a lot of time on this. Thank you. She spent a whole lot of time. Um, we appreciate all the work. Thank you. Uh, this is a very important document for the burrow and for everything moving forward. If if I might, I'm Jeff Serenia and I'm your
affordable housing attorney. I'd like to just create some context before I turn it over to Ed to explain the plan. Okay, council. Thank you very much. Please do. Okay. So, my firm represents municipalities across the state on
affordable housing and we've represented Allenale for a short time. I've worked with Ed and the and the and the town on putting together this plan. The backdrop of this plan is last March,
the legislature and the governor signed an amendment to the Fair Housing Act into law that created a procedure by which municipalities could obtain immunity and keep immunity. That procedure entailed committing to a
number by January of 2025, adopting a declar or filing a declaratory judgment action uh within 48 hours of adopting a resolution committing to a number and then there
was a process whereby your number could be resolved. We did that. We agreed on on a prospective need of 200 uh and then the deadline is June 30th to file a housing element and fair share plan to
address the number that you've agreed to. And so where we are in this process is we're in the process of of preparing Ed prepared a housing element and fair share plan to address your obligations.
We need to file that within 48 hours of adoption. Assuming you you move forward and adopt it, then goes over to the bureau. That should endorse it. We would then file the resolution of endorsement.
That then opens up a 60-day objection period where anyone who is unhappy with what we've done can file objections. After 60 days, those objections, there's first an attempt to mediate them. If
mediation fails, it then goes into litigation. That's the grand scheme. So, uh, with that, I'll turn it over to Ed who can explain the plan that he prepared. Okay. Thank you very much for that. Any questions from the board
before we move forward? Okay. Please, sir. Uh, good evening. Edward Snikus with the firm of Burgess Associates, 25 Westwood Avenue in Westwood, New Jersey. I probably should be sworn in before I give my testimony. Yeah, Ed, for for purposes of this hearing, I think that that's a good approach. Um, I see your
right hand is raised. Do you swear or affirm the testimony you're about to provide as a truth, the whole truth, nothing but the truth? I do. And I see you already you already stated your name for the record, Ed. You are the Burough Valendale land use consultant in a professional capacity as a professional planner. Uh, you have other licensing as
well. I know you also serve as the um land use board professional planner. Your licenses remain current and in good standing as of this date, I assume. Is that correct? That is correct. Thank you, Ed. Thank you. Thank you. So, good evening board members and the public. Um, as Jeff had just introduced, there's
been a a real long procedure involved in this whole effort, including many rounds of affordable housing. And that's what I'll be referring to for the record is certain rounds of affordable housing. You obviously have we're up to what's called right now a fourth round plan and
that's what the title of the document states and the documents dated up to June 5th of 2025. Uh it was on file on June 6th of 2025 and that was the 10day requirement before this hearing. including in that we also send copies to
the Bergen County Planning Board and to the office of uh planning advoc advocacy, excuse me, it's always a mouthful uh for the state and that's required by the municipal land use law. The reason being is that this is actually going to become an element of your master plan and that's why we're
before this board as a planning board for the purposes of adopting this document as an element of the master plan. As Mr. Serenian pointed out this will be submitted to the program at the state level for their review and confirmation of the plan uh before it's
an actual official document but for purposes of tonight it'll be an official document as an action of this board uh for the purposes of your master plan. So what you'll see in the document it it it addresses what's called prior round need also a third round need and as I just
mentioned we're in the fourth round. The uh prior rounds really your first and second round it took us from 1987 to 1999. The third third round was from uh 1999 to 2025 actually 26 years. And this next
fourth round will take us for the next 10 years from 2025 to 2035. The reason why it was 26 years in the third round is a very long conversation I won't get into tonight, but it was a series of delays due to the rules themselves being
uh uh established but then overturned and then reestablished and then the courts got involved and so on so forth. So that whole effort took about 26 years. Uh but Allenale has a very longstanding uh history of participating in developing affordable housing and it
should be commended as such from the standpoint of how we've addressed a lot of the needs of affordable housing throughout the years. um even though we have sought certain adjustments to our need and I'll talk about those in a moment but for the purposes of the
overall record what I'll be also referring to is a PowerPoint presentation that I put together in a series of slides that tried to encapsulate the overall need numbers as we go forward. So as I mentioned we have a prior round need which is the first and second round. It adds up to 137
units. And one thing I will be identifying is that we do have an ARA sheet that we've handed out to the board, but I'll be mentioning what the changes are to the public and to the purposes of tonight's meeting. And the purpose for that sheet is really to correct uh two different items within
the document. And the and it's permitted to do as long as we obviously identify it for tonight's uh discussion. But in the prior round um discussion on page two, we actually had table uh I believe it's table number two that needed to be
amended on page two that is uh identifies what the uh units that address the prior round need. They're correctly shown on this PowerPoint for the purposes of the public. Um, and so what they do is they identify prior
efforts that the burrow had performed, including regional contribution agreements called RCAs that we contributed funding from the burrow to Ridgefield and to Jersey City about 44 units. We have a series of developments called Allenale Brook Estates, Saddale,
uh, Garden Homes, uh, the Whitney project, Allenale Senior Housing, Orchard Commons, and Crescent Commons. And all those add up to about 103 they do add up to 103 units of credit. And then we were able to take bonuses for
certain projects. And bonuses are permitted by the rules to try to encourage certain types of development to be formulated in the community. They try to promote um uh uh special needs housing. They also promote in the prior rounds rental housing in order for
communities to develop those types of housing products within their community to help address needs of affordable housing that have been established on the statewide level. This number of 137 comes from these prior rounds, but also is a matter of
calculation due to statistical models that have been developed and I'll touch on those in a moment. Um, and so that shows from the prior round standpoint, this PowerPoint slide shows how we've addressed the 137 units, but we actually have additional credits from those
programs that we established that are actually able to be carried forward to additional needs for the next round. I've just advanced the slide to uh the third round uh realistic development potential and then under the realistic development potential or RDP that is a
reference to an adjustment that we sought and were granted by the court to reduce our third round need which was actually at 308 units but that 308 we reviewed the overall what's called
vacant land capacity of Allenale and as Allenale Well, residents will know we have a lot of builtout conditions. We're we're highly built out throughout the the burough and what you're able to do according to the rules is make adjustments in accordance with your
vacant land adjustments. So, we did in fact pursue that in the third round and were granted that by the court as well as through a settlement agreement with Fairshare Housing Center. The date of that prior settlement agreement was September 15th of 2017. We then
subsequently prepared a third round plan, not our office, but I'm speaking for Allenale itself. Prepared a uh housing element and fair share plan for that third round, submitted it to the court and received the judgment of compliance on uh June 27th of 2019. And
in that plan were all these projects and how we addressed uh all this v all the various needs. Although what we've done in the fourth round is to show and look back at these two rounds to show how we've addressed those needs. And in fact, we've shifted some credits around
due to the way we felt were best represented uh to address all of the needs. And so this these tables are relatively the same as the third round, but yet with slight adjustments. And uh what I'll identify now are the units that that address the third round RDP.
You have additional credits that were carried forward from Allenale Brook Associates or Allenale Brook Estates. Garden Homes Whitney project also had some units of credit that we carried forward. There's a project called former Farm that's completed that provided two
credits. Crescent Commons also provided additional credits of seven. Uh we had a project called the Veil as everyone knows that is was previously referenced as 220 West Crescent Avenue. It provided five units of credit. There's actually one bonus credit or surplus credit that
was achieved from that project. There was a development of six instead of five that previously planned for Eastern Christian Home and two both provide five bedrooms or five units of credit that we can also apply. So, as you see, the
total number of credits applied is 41 for the third round, but yet we're also able to apply 25% of certain uh I'm sorry, up to 25% of your RDP can be applied as bonus credits. So, we're we're seeking and had
had applied 13 units of bonus credits. So, 41 + 13 equals your 54. And we actually had one additional unit that we gained obviously as I just talked about at the veil. uh that would be then brought into what's called unmetaid. Um
when I talk about realistic development potential and vacant land adjustment, that number is a reduction based upon uh the vacant properties but also a realistic development potential that's also applied to development projects that were being realized during the
third round and that totaled 44 units of uh uh that were required in the RDP. the remainder of the 54 uh sorry of the overall need that was assigned by the state it was originally at 308 units
becomes what's called unmet need and the unmet need is 254 as a result of the 54 being reduced from the 308 and so therefore um that was a number that is identified in the regulations we do have
to and we did have to in the third Brown proposed certain programs to try to address some of the unmet need. You're not required to address all of your unmet need. You're only required to identify some effort to address that
need. Most importantly, what we did was to identify uh three different overlay zones in that third round. So, these all exist. These overlay zones exist and were in place. One is called the Ramsey uh golf and country club overlay zone.
Uh that's in an area of the burrow as well. Also the Allenale Corporate Center overlay zone. And then the Church of the Guardian Angel also has an overlay zone on that on that property. All told, those those three sites add to our
overlay zone effort uh to address the unmet need. But in addition to that, we had some planned surpluses that were not planned for in the actual third round, but became additional units of credit. We had 220 West Crescent Avenue, as I
mentioned, that's one excess credit. We also had additional senior development at Seback Court. Those additional four units of credit. Also through the zoning board's uh work with the park and Ivy application, there was one affordable
unit out of the five units that were approved at that development. It's currently under construction. So all told with all these credits and potential credits of the overlay zone, you're approximately 30% of your unmet need is being addressed through all
these various mechanisms. So it's been very effective I think in order to try to find ways to address the unmet need of third round. And so that touches on the third round components. The next part of it is looking at the fourth round. And as I mentioned a moment ago,
the fourth round is from 2025 to 2035. So it's really looking forward to the next 10 years. Uh the state originally through the DCA and from starting from the fair housing act as Jeff as Mr. Serenium pointed out a moment ago was
amended recently and the DCA now prepares a calculation for the distribution of need for the fourth round and in that fourth round there is a two components to that fourth round. One component is the perspective need as
he mentioned it's a 200 unit requirement that was uh realized through mediation and then in addition to that there's something called present need that present need was was calculated at DCA utilizing certain statistical models and
statistical information that identified 150 unit 59 units that needed rehabilitation within Allenale. Um, I find that very interesting uh to know the condition of many of the homes in Allenale and the uh the value of the
homes to have that many units actually be identified when I know in other communities there were more in double digits instead of triple digits. Um, so what we do have is a vehicle that was provided for in the second and third
round that identifies what's called a windshield survey or the ability to look around the municipality to see exactly if there is any homes or the number of homes that would be um reviewed to identify how many units would be needing
rehabilitation instead of just relying on a statistical model. We had your building official go out and do actually a visual survey of homes within the community. He reviewed a lot of uh the different neighborhoods and came up with
10 units that he felt from exterior surveys could be using uh uh additional rehabilitation efforts to try to rehabilitate those homes. And what is meant by rehabilitation is a critical system. And it might be someone on a
fixed income that maybe lives in a home and maybe has been there for many years, but that they often uh have restricted income and may not be able to replace a roof or upgrade their electrical system or have plumbing issues associated with the home. And so in that what we're
trying to do is to identify the number of units that are more practical and more realistic for Allenale. And that is 10 units. And we we are providing that survey in this document. It's actually part of the appendix and we're going to be submitting that to the program
requesting that adjustment to 10 instead of 159. And so that is a process that we'll be going through to validate that information. Uh we had previously tried to submit that to DCA but the courts had told us that they will review it during
this next step as we submit our document. So we are submitting that with this document and proposing 10 for the prospective need of 200 units that were assigned by the DCA looking forward to the next 10 years. We are also we went
back and did a another thorough analysis of your vacant land within the community and we did not find any additional vacant land that would assign additional vacant land RDP to your RDP number from the third round. So that fourth round of
54 would essentially stay the same. The exception to that was that in the rules they do ask you to look at any potential change circumstance andor um new properties that might be willing to
develop affordable housing. And in our process as we went through things we I my office did receive an inquiry regarding a certain property in the community. It's it's identified as uh the Ceini restaurant and that Ceini
restaurant property um which is located at bear with me a second. I just wanted to get the actual address. It's located at 168 West Crescent Avenue, block 105, lot 19. It's a 1.75
acre property and it was a request to consider the redevelopment of that property. uh whether or not that redevelopment was actually realistic at this time. It was sort of an inquiry that was sort of seeing what might be available for that property into the
future. Currently, right now, it's single family residentially zoned at that location. But what we chose to do in an an e effort of providing uh I guess an abundance of caution as we go forward because these plans will be reviewed and scrutinized by interested
parties uh as we look look at them. We we sought to identify that property as a potential site that might in the next 10 years seek redevelopment of its property. And so instead of and uh waiting for that redevelopment to occur
and and having some sort of inquiry occur in the future, it was decided that we should identify that site in this housing plan. By identifying that site, we are applying a certain density that we would normally apply to that property
from a standpoint of establishing an RDP because of the potential of that site being redeveloped. And uh that density we looked at was 12 units to the acre would realize approximately 20 units with a 20% set aside that would realize four units of
affordable housing potentially. Not to say that we're reszoning that site. We're just saying what if and looking at what that impact might be to our housing element and fair share plan. And so for an abund in an abundance of caution, we chose to apply a 4unit RDP to our fourth
round. And we also realized in applying that four-unit RDP, we knew we were renovating an existing affordable unit at Allenale Brook Estates at 98 um Elm uh Elm Street. Sorry, I blanked on that
for a moment. Um that that property was in need of rehabilitation and so we chose to identify that we would uh obtain that property. The municipality has the first right to obtain the property and had gone through with
Allenale Housing, Inc. to purchase the property. They are going to be rehabilitating the property into two bedrooms of special needs units. Those two special needs units provide you with two additional credits. Those two
additional credits we can apply to the fourth round need. So of the four units of RDP, two of them are being addressed by the two units within that one unit at 98. And so those two units uh reduce our
fourth round RDP of four down to two. You are allowed to apply to up to 25% of your RDP as bonus credits. Bonus credits for four is one. So what we did was to apply one unit of bonus credits from
that special needs housing rehabilitation project to the four units of RDP. So that brings us to three units of credit to apply to the four units of RDP in the fourth round rules and it has been part of the rules for many uh
cycles is that they require 50% of your RDP to be units that provide family units. The special needs units do not qualify as family units. So our task at that point was to find where how we
could address the 50% requirement or two of the overall four units of need. We chose to look at units that might be uh their credits may be coming to term. There's usually a 30-year deed restriction on any affordable unit that
would be potentially uh coming due in 30 years. Believe it or not, some developments at Allenale Brook Estates will be coming due within our next 10-year cycle. So, with that, we have in our deed in those deed restrictions the ability to uh use our trust fund money
to help pay for those units when they do come to market so that we can keep them as affordable units and extend their controls for another 30 years. So through that program of using our trust fund monies, which we currently have funds in effect currently, we do expect
more funds to come into that trust fund, but to use that program, excuse me, to help pay for uh the the units themselves when they do come to market and to extend their controls for another 30 years. By doing so, we get it two
additional family units of credit in the fourth round. So that's our mechanism to address those two additional units of credit. So I just wanted to identify that for the board. That is how we would be addressing the total four units of credit within the fourth round as well
as one bonus credit. Actually realizing five units credit in that round as I lose my voice. Excuse me. Should have brought a bottle of water. Um then the next part of it becomes what is our unmet need. So, with the
four units of RDP um being addressed and out of the 200 units of prospective need needed for the fourth round, and I apologize for all these rounds and unit numbers and everything else, but they're all provided for in this document if you need to follow along. Um, but that
remaining amount, as I mentioned in the third round, is what's called unmet need aid. So, you'd have 196 units of unmet need. take four from the 200 equals 196. That 196 becomes new unmet need for the
fourth round. We chose to we we currently have existing three overlay zones to address your unmet need. They could still be in effect. They are still in effect, but they could still be used towards the fourth round. But we chose not to just stay silent with regard to
the using those third round mechanisms. We chose to instead consider where could be another area that we might consider as another overlay. If you remember, we we touched on the Allenale Corporate Center overlay zone uh in the third round that actually overlays just one
lot in that uh burrow line road area. What we be be proposing is to extend that same overlay zone to another lot, another five acres of area in addition to the nine acres that currently exist in that uh overlay zone, almost 10
acres. So in total, we would have almost 15 acres of land that could be developed for the Allenale overlay zone for additional affordable units should those properties be redeveloped in the future. Now what I mean by that is that they can continue they can do improvements on the
property but that if they look to change the use they would be looking at a use that could be applied for additional multifamily housing at that location and we chose to identify the same density at 12 dwelling units to the acre with a 20%
set aside. So that is also part of this plan is the proposal to include that additional area in the same Allenale uh corporate overlay zone. And as part of this overall document and in in the plans, we do also touch on
some of the demographic information and the current snapshot in time that's required by the statute. So that that information is provided in the overall document. I won't go through that in detail, but many of that and most of that information is very similar to your
um recent land use plan that we updated. Um also in this document, we went through and identified and provided for the courts how we went about reviewing the vacant land adjustment um and whether or not there was any changes to it, which we didn't find any changes to it. In fact, actually we
probably find reductions due to the current changes in the flood plane rules, but we didn't seek any adjustment to the third round requirements or third round settlement agreement. Um, in addition to that, there's a bunch of uh reporting information that's provided in the document. And then lastly on the
last few pages is something called the spending plan. And that spending plan is a component of a housing element, a fair share plan. It's a required component, but it identifies how we may predict uh additional funds coming into your trust
fund and how we would then look to spend that money going forward. What's a requirement is to say, okay, you have to show how you're going to zero out the funding in the next 10 years. Obviously, that's with a lot of guesswork um and predicting what that money might be used
for, but we did in fact identify in there that we would put funding towards the rehabilitation of 10 units. If you remember, we're seeking that adjustment of 10 units. So, we put in there an adjustment, excuse me, funding to address those 10 units. This spending
plan's only a sort of ancillary component to this document for the purposes of the planning board. the governing body has the sole responsibility to adopt that document. So, it's really for moreformational purposes for the board. It's really for the governing body to adopt that
document. So, as they go through, as uh Mr. Serenian mentioned a moment ago, after this board acts on this plan, the governing body would have to endorse the plan to be sent to also to the uh the program at the state level for them to
review and uh consider this document. But that also in that governing body action, they would be looking to endorse the spending or excuse me, adopt the spending plan for the purposes of their actions because it is funding that is being appropriated from a trust fund. And your trust fund is a fund that's
been collecting development fee revenue from various development types within the community at different levels for residential compared to commercial. And that that funding gets earmarked into a specific fund. It gets it's an interest bearing account and that funding then goes towards programs like a
rehabilitation program. So what we would be looking to do is to hire a affordable housing specialist that would be hired to help administer that rehabilitation program. That specialist would be paid for by the trust fund through administrative expenditures, but also
they would be looking to promote that program. We'd be putting it on the website, be doing mailers, things of that nature. If you can imagine being on a fixed income, uh maybe they're elderly or or disabled, but they may have a situation that they need funding to help
improve a property. That funding would be through a revolving um uh loan program, a very low interest loan program. So that if in fact uh through a 10-year cycle, they were able to repay that that loan program, it goes back into the trust fund and becomes more
money to be used for other programs uh within the municipality. In addition to that, that funding also, if that unit is sold during that 10-year uh uh obligation, that money also then is required to be
paid back as a result of that sale. So, you'll see that it's not lost. It just comes back to the burrow and it helps fund future programs. So, I wanted to identify that for the record. And so, with that, the last thing I'll touch on is the AATA sheets. As I mentioned, page
two, table one, I'm sorry, table two is being changed. And then on page 42 of the document, there's a paragraph, the first paragraph in this on that page, uh it says, in addition to the above, the bureau will keep in place all mechanisms
in its round three housing element fair share plan designed to address 256 unmet should have been 254. Uh so that's also another change that's been identified. So if this board finds that this document is appropriate and they look to approve it, I would ask that you would
include this erata sheet in your approval considerations. So with that, Mr. Chairman, I would turn it back to the board for any questions. Thank you. Thank sorry
I've been living this for the last three months. So I've been I can open questions. I know the board's been looking at this for a while. Yeah, exactly. The obligation as it is right now is for
the fourth round will not change. It's going to be fixed. That number is currently fixed. There was actually a court action that fixed the number at 200 for the prospective need. It has not adjusted the number for the present need which is that rehabilitation share that I mentioned. That would be a process
that we're going to be submitting to the program for their review. Those would be addition. Uh they're not additional units. Think of them as current existing units that have to be rehabilitated whether they're rental or own. Anybody
else? That did a good thorough job. Absolutely. Yeah. Yeah. We've been through this your times with you. Yes, I I I mean I'm copying everything that's here and I've reviewed
the document. Thank you, chairman. This Jeff Seren, you should have a resolution before you as well if you're uh uh inclined to vote on it. that would be helpful to have uh
adopted sign so we could submit it and demonstrate uh to to the uh program that we've adopted this plan with you know within 48 hours from when I file. Jeeoff, they they do, this is Larry Cali speaking. The board does have that document in
front of them that you prepared, I reviewed it for consistency with title 40 purposes, and my recommendation to the board is following any um deliberation um public question and comment, the board consider a motion. And if that
motion is to adopt the plan as presented to the board that they contemporaneously consider approving the resolution that's before them for memorialization concurrently so that we will have that signed uh and back in your hands so you can proceed forward on on your route
with the state moving uh moving ahead. Thank you very much. Just not to forget also the public. Yes. Yeah. Before we deliberate, it's got to go to public for questions of of Mr. Snikus and then any public comment as well, Mr. Chairman, as we discussed. No,
no, no, you're absolutely right. Um, okay. Again, any questions from the board? Okay, seeing none, I now open up to the public for any comments on anything that you just heard relative to this relative to this plan. Any
questions relative to the fairer housing, etc., etc. More than welcome to come up and ask. Okay, seeing none, I bring it back to the board. Um,
there's no discussion. Um, then I'm going to ask Larry, keep me honest here. Okay. Do I have to read this resolution or can we just No, it's relatively it's relatively um preuncture, Mr. Chairman, in a sense that it recites what's before the board
by way of the documents in a presentation of Mr. Sychis tonight. uh and for purposes of conformance with the submission timelines of the state. Uh that's why it's before the board for like I said contemporaneous consideration of memorialization with board deliberation and vote this
evening. All right. So, could I have a motion to to accept the uh sharing this properly? The housing elevates fair share plan dated June 5th that was submitted for
approval to the board the master plan. So, I have a motion please. Motion. Okay. You get the motion. I'll do a second. Okay. So, made the motion Mr. Butler. Vice Chairwoman Bergen, yes. Board
member Wala, yes. Board member Petrino, yes. Board member Guggliero, yes. Councilman Yakarino, Larry, I'm permitted to vote on this. Yes. Yes, sir. You are, Tyler. All right, Linda. Yes. Thank you. Board member Dallow, yes. Chairman Crico, yes. Board member
Butler. Yes. Okay. Thank Thank you. All right. Um, Larry, that encompasses all of this then, correct? It does. That that motion, just to be clear, was to adopt
the plan before you as presented by Mr. Snikis this evening, as well as the contemporaneous resolution that's before the board for memorialization tonight, Mr. Chairman. Along with the corrections that uh Ed Schneer uh presented, right, that was on the record. So that's that's part of the
record, Jeff. That Yes. Great. Thank you. Okay. Um, I just want to clear up. Make sure we have all of this done. This is Have a nice evening. Yes, council. Thank
you. Thank you very much, sir. Thank you for the guidance. Thank you. All right, council. We're going to move on. Okay. Yes, sir. All right. Thank you. Um, all right. Next on our next on our agenda tonight is application file
2024-04, Allenale Rehabilitation and Healthcare, 85 Hariton Road in Allenale, block 601, lot 7. And the application is to construct an 8541 square foot addition to a nonconforming assisted living and
skilled nursing home. And just for the record, this has been carried from the public hearing of May 14th, 2025. So that's if you guys need a few minutes.
Absolutely. Thank you. Okay. rest. Yes, it is. Then we'll Well, then I do pretty good. right there. That's sitting watching a cultural
um yeah absolutely absolutely You want to sit down here? I will. I was organizing myself. Don't worry. My notes set up and now I lost No worries. Okay. Go ahead. Um. Yes. Okay. Um, council, we're ready to
go. Okay. Yes, sir. Okay. Um, hi, Mr. Welcome back. You and everybody. Um I'm just going to have one quick request if you can just do like a thumbnail of where you at. Thank you very much sir.
Um okay we ended the last meeting um after I had completed my testimony that we had heard from the public board had begun their deliberations. An issue was raised with regard to the use of the ambulance service. Um after discussions
with the board, it was agreed that representatives of the owners would uh begin discussions with uh representatives of the town. Um and we would come back once those
discussions had reached a point where we felt we had information to provide the board. And I believe we are at this stage. and I have two witnesses, two witnesses here tonight to relay those discussions of which I have not been involved at all. Um, in addition to
that, there were a number of changes to the plans that were discussed and agreed upon at various stages of the last meeting and previously, frankly, in which the chair asked that we present a revised plan to the board depicting
those changes. Um they included the elimination of spaces on the northern side, the movement of the uh uh trash area into existing spaces on the south side and making parallel spaces along s
southern lot line as well as a few other items. While the chair had suggested that uh Mr. Jeffers was not necessary to present those, I I thought it would make the most sense that he do so. So I brought him here tonight. In addition to
that, we have two other Brian Hooton and Dina Npalitano, both representatives of the owners who will testify after um Teal Jeffers finishes. Um I really don't intend to sum up again. I I think
I wasted a lot of time if I did it last time, so I don't intend to do that again. Um I think that everybody here has a pretty good understanding of how we got here. you've all been very attentive to both the testimony of the applicant as well as testimony of
members of the public. Um so really all trying to do here is just put us into a place where we are today. Uh show you the plans that have been revised and uh and put it to a vote. Okay. Right. Thank you.
Um, board members, I have no problem proceeding. So there's any questions what you just heard? Okay, Mr. Kelly, we're gonna proceed. Okay, very good. Mr. Rubin, who is your first witness? Is it a recall of Mr. Jeffers at this time or you going to be Yes, it's Jeff at
this time. Okay. If I recall, if I recall, he's already been and he's still under oath. He's still under oath. That That's right. Mr. Jeffers, you remain under oath from your last um appearance before this board. I assume your license remains current and in good standing as of this date. Yes. Okay. If you're going to present anything to the board that is
not on file with the board, your council will identify it and and Michael, we will mark it for the record. I don't have the benefit of my last hearing notes in front of me at the moment, but Linda can assist with the exhibit identification and number that we're going to be up to shortly. Um, if you plan on presenting something we don't
have. Okay. Um, I I will say this that this was submitted to the board several weeks ago. Okay. So uh this is a set of exhibits that are dated May 2nd that were submitted to the board first part of May with the anticipation of being
presented at the meeting. So and if they're submitted and unmodified from the time of that submission you don't have to mark them. We could just start referencing them for the record and you can proceed into your testimony. Mr. Jeffers fair enough. Uh good evening Jeffers with Jeff Engineering. Um, at
the last meeting that we were here at the board was I believe December of 24. It's been that long. And as Mr. Rubin mentioned, there were several modifications and changes that the board asked us to evaluate and take a look at.
uh they pertain to the northwestern parking area, the northwestern portion of the site, which is the entrance to the skilled nursing unit as well as changes to the employee parking which is in the south central portion of site. Again, I'm referring to the the exhibits
dated May 2nd and uh going to go to sheet 2.1 which is just an enlarged version in the north western parking area. Uh there was a request to look at u the
parking in the port on the northern property. There was currently eight parking stalls there now and then there were four parking spaces closed in that area. The board asked us to take a look at what we could do with those lots or
with those stalls and we actually are proposing to remove uh those spaces. Remove the existing under these exhibits. remove the existing eight stalls, remove the four prop stalls, extend curving across the opening for those parking spaces. That would reduce
the parking in this area by 12 parking spaces. But the benefit would be that it would increase the landscape buffer along the northern property line that the residences north uh by approximately 20 ft, extending the the buffer that's currently around 8 and 1/2 ft to
approximately 38 and 1/2 ft. In this area, we would propose to add additional buffer plantings sort of consisting of evergreen trees which I'll show here in Sorry about that.
referring to sheet C 4.0 in this area. You can see we were proposing we would add approximately 25 evergreen trees in the area that was previously both the added parking and existing parking and a substantial uh increase to the existing
buffer that's in that area. Additionally, there was discussion with regard to the fencing along the Wester property, which is currently a 4 foot high chain link fence. The board had asked us to look at replacing that six foot high fence with privacy slats,
brown specifically, where black and brown was available. Uh after we we evaluate that, what we'd like to do and like to propose is to uh remove the 4ft fence, relocate it to the property line where it's appropriate
because it's well set into the property line and replace that with either a 5ft high chain fence, which is stipulated by section 270-31 of the ordinance, or if the board would prefer a 6ft high fence, as long as the
board would consider gring giving us a deviation from that particular ordinance section 6 foot high fence. But what we're proposing here is to take that fence, make it a privacy fence with the slats, move it to the property line. Uh
again, under section 270S31, it would either be a 5 foot high fence or with a board's approval, we could put that as a six foot high fence. With that, the gate at Heritton Drive would also be replaced
with the same type of fence, chain link with a privacy slots, which would do which would accomplish several things. First, it would provide additional visual street. It would eliminate pedestrian access. So we couldn't get I know there were some complaints and some
issues with Amazon deliveries parking in the in the culac walking because right now the gate is not a pedestrian block. It's a vehicular block. This scenario would create a pedestrian block as well as the u vehicular block would have
access control uh but it would also provide that visual screen. So that's a that would be a benefit and obviously uh an enhancement to that western property with the the changes for the parking in here. As
I mentioned we would reduce parking by 12 spaces with the elimination of stalls uh here on the northern property. Additionally, there were some comments about employees uh and if I'm if I'm correct uh taking
breaks along the northern property line that was a complaint by the neighbors in talking with the applicant and the facility, we're proposing to create a picnic area with tables here for the employees to have a dedicated outdoor space which would be located essentially
within the alto of the building itself, giving them a designated area to go on breaks. that would include uh picnic tables, uh trash receptacles, cigarette receptacles and so area.
The other changes pertains to the employee parking lot in the south central portion of the site. At the prior meetings and at at the December meeting, we proposed or reflected the relocation of the trash from the southern uh property line to a
center portion of the employee parking area positioning that trash on a 45 degree angle. When we had proposed that in December, we maintained 90° parking spaces along the southern property line. And the board asked us to consider to
evaluate removing them to increase buffer in this area. So in evaluating that so you there was initially six uh 90 degree we were proposing to eliminate them and put two parallel parking spaces in with some striping one to maintain
access to a fire hydrant and then other striping just to uh define and create that space and traffic flow. This would enable us to shift that curve uh further into the site by approximately 8 ft and uh providing
additional area here for additional evergreen plantings and stream plantings. This scenario will reduce the parking count at the uh in this area by four. With these changes, collectively we are
reducing or we would reduce the overall parking from 170 which exists and as board may recall we're seeking variance to maintain 170 parking spaces down to 154 a reduction of 16. As the board may
recall with the testimony of the traffic engineer there was an evaluation and study of the facility parking counts and so forth. Uh Mr. Scott Kennel had previously testified of a peak parking demand of 170 was reported and then the maximum demand of
approximately 120 would be anticipated based on their evaluation. Even with 154, we still have sufficient parking based on that uh that traffic study and that traffic evaluation. So the last thing I just want to show is
in that southern area when we do move that curve go to a parallel parking we're able to to uh position in approximately 21 evergreen trees uh they're envisioned to be planted at 6 to8 in a stagger configuration to
provide a nice screen. So, we do offer those changes in effort to address some of the uh comments and the concerns that the board has made uh as well as some of the concerns that we heard from the the neighbors.
We offer that up any questions or comments. You also added an employee parking sign, employee only parking sign as access to the southern parking lot. Correct. Yes. Thank you. Um there was some question about how do we identify
or designate that as employee uh which was a which was a good point and after evaluating that we're we're proposing to put here on the entrance of that area would be an employee parking only sign so any visitors who happen to come around and happen to come into this area
know that that's any The whole garbage area though the layout is all still the same. Lay out of the trash is still the same. The modifications occur here where we initially had 90° parking dozing in to
the southern curve. This layout also demonstrates uh we have maneuverability for trash truck through this area as well as a fire truck to be able to do a chart turn around. We had presented that to the fire security.
The gate configuration at the back. It look like I kind of lost track of where we are here on the on the western side at the Yeah. Harrison road right now. That gate sits uh inside the property line and
it's a if I recall correctly steel style gate that blocks the history track. With this configuration we would pick the fence up move it over to the property line five or as I said six foot eye foot grant. Uh and then
that would be a matching gate 6 foot high or 5 foot high with same coloration same privacy slats located at the property. We would more than likely configure that as a sliding style gate to run down along the inside of the fence line. So
it maintains a nice smooth uh alignment and then have access control over box as well. So do you believe this will prevent people from making deliveries of that side of the building with that? It would be a a permanent or not I should
say a permanent barrier but a complete barrier. Right now, there's not a barrier there for obstructing pedestrian to walk through. This would be a permanent fence with a gate. They would have to scale that fence in order to get there.
What What would stop um what would stop an Amazon truck or a Door Dash or an Uber um that whatever it's called, Uber Eatats from stopping there and then handing the package over the top? Very honestly, nothing. Probably
nothing. However, because because certain things you can't control in a case like that. However, as was testified to in previous meetings, they've made advancements working with Apple Maps, Google Maps, and so forth. One of the biggest problems since we collecting the the address, it took a
year, right? And from what I understand, someone please correct me because we have testimony here, but that's been changed to go to the Route 17 entrance. So hopefully that scenario where deliveries occurring here gets reduced or minimized because if
they're using a mapping device issue coming and is there for the employees that were um going into the Ramsy um side where there was litter or loitering or whatever it is. I don't think we were able to put a
barrier up there because there was a creek or there was water or something there. And I think there was discussion of putting up um a gate or something across that perimeter to so that people couldn't spill into Ramsay or spill into the creek back there with litter. Well,
uh, along some the rear of some of these lots, there is currently fencing, and I believe some of that could be either residential fencing, but the there is a stream that comes along the property line here. One of the the comments or the discussions was they really had no
place for employees to congregate or breaks, a dedicated place. So, they were going up into this area. providing now a designated area gives them a point or the destination to go to. The additional plantings in here will then take away
some of the space to prevent them from having an open space to gather. Um, we hadn't talked about putting a fence along this side, but more so really to increase the buffering in that area. Okay. We're just trying to think of a way to
if um if people are looking to socially gather, perhaps they're looking to do it out of the center of the facility. So, I would assume if that was their intention, they may still look to gather out out of the center of the facility. So, you're you're you're hoping that
they go to this courtyard. Um, but if the employees don't go to that courtyard, do they still have other places to hang out and party and litter? I I I think Yeah,
we'll deal with that. Let the operations deal with that. That's an operations question. Great. Okay, that's fair. That's fair. Thank you. Can I ask a question regarding the gate again the sliding fence? How will emergency services have access to that? Will that be tied into
the fire alarm? When the fire alarm goes off, the gate will open and also will there be an SOS box there like we talked about previously still? Yes. Whatever whatever the fire department requires, we will cooperate. How about for access for police department? There'll be the
SOS box will be sold. Like you said earlier, the NOX box will be out there as well. Correct. Yes. you were going to check on whether or not uh the fire department wanted the gate slatted or not or whether they wanted to be able to see through it and into the site. Were
you able to do that? Well, I think I think if you do not slat the gate, I think you're defeating the purpose of having privacy. But but it would but it would just be where the street is. The question is we don't have a problem doing it. The question is, does the fire department have a problem not being able
to see into the site when they pull up because well only being a five or six foot only see being a five or six foot fence, you can obviously still see. Okay, that's fine with me. I just that was something that you said you were going to check on and and I just am seeking to confirm whether that was good or not. Michael, I think at the end of
the day, it's the obligation of the applicant to satisfy any other departments in the burrow. So, it's going to be the onus is going to be on the applicant ultimately to confirm that with the fire official and make sure the implementation is done to the official satisfaction subject to board professionals review. You know, post
vote should this move forward to a vote and be favorable. So, I I understand that, but what I what I what I don't want is a is a a condition that the fire department then rejects and leaves us hanging. That's what I'm that's what I'm concerned about. That's all that that we
don't want to have to come back because the fire department says we don't want that condition imposed because it hinders us in some way. If this there won't be we'll make sure there's flexibility in there that it's going to be termination of the other official. I appreciate it. Okay. If this moves
forward, we'll put that as as council just said the flexibility. Great. Okay. I have a question regarding the west side. So the fence slide out opposite property line. Uh is there any plantings proposed
in that west side? I can't see. Uh there there's no plantings proposed uh currently along that western side other than maintaining with the assistation. Uh initially we had some additional shade on uh along the edge of the
parking lot here. What we show in red is proposed as an exhibit. What's shown in black as as darker as what was initially proposed with the design plans original application. So we do have shade trees along the western side of the parking
lot. Existing trees along the western the western boundary were to remain. We hadn't there are some trees there. I I remember a state. I I didn't I know you adjust north south. I just was asking that question. So, by moving the fence,
is there any trees that would have to be removed? If if again, if this was to move forward and you're and you're proposing, I mean, understanding what you said, you're proposing to have the fence 5, six feet, whatever it turns out to be at the
property line. When that's installed, are there trees that are not shown on the plants that may require removal? I don't believe so. Uh if there are trees on the property line, what we would probably do is localize that fence to go
around that tree so that we weren't taking those trees in. Obviously, we see the benefit of those trees not making especially if you're short style board members. Any other questions of the witness on what you heard tonight or
from this witness in the past? Okay. Council open. Open it to the public for this. Okay. That's okay. Uh Larry, I'm gonna open up to the public. Yes. Okay. Um I'm opening up questioning
of this witness on anything that you just heard in his testimony tonight. Come up and and make comments. Hi ma'am. Hello. Please send your name, address. Mary Vandal in that 28 road. Thank you. Since we can't see back
there, can I see what the property line is for where you're going to put the gate along the property because my whole backyard is trees. So wondering if you're going to be affecting all the trees that I have had to grow when you took down 15 trees and the lost behind.
So I'm just curious what's the I can't see from here. The western property line up hereong one block 603 mile one and then block one your north side that fence would be out
to that property. So is it going out to where the culdeac are like where when you say out what does that mean? Currently the fence sits roughly 17 to 24 ft inside of the property. Okay. Under this proposal that fence would simply be moved out to the property line
itself. uh wouldn't extend over the property but it would be moved out to typically it's it's installed within that zero to one foot of the property. Is that the typical correct that property only comes in? Yeah, roughly the So right at the
curve of the P sack or are we talking about further in because then the two fences next to me are level just for clarification if it goes to the curve would you would you be required
Michael I don't know be required to keep it straight within 10 ft of a proposed you know Right away right away because if you bring it right to the curb you would be encroaching on the right of way which is proximally kind of behind the curve. It it would not encroach within
as I understand the rightway does not come around full second cassette terminates at our property. So that fence would not extend within the right of way. It would extend up to the property line. My understanding is that the right of way terminates at our property. That's the survey. That's what
the survey show but your your point taken. It's deceiving. Why would it be coming up close to the curb? But the curb comes around that culde-sac and then comes into the site itself. I'm just so again thinking in the terms of uh living in the north or a truck goes in there to
snowplow that culde-sac if your fence is right along the curb or that's going to blow out the fence every time. Mhm. That's I mean again partly because the nature of those culde-sacs is to clear them out to the curb and if the fence
sits at the back side of the curb, you're not going to leave any room. If if it's the board's preference that that gate fence could be offset in the area set back in slightly right away there of any sort. Yeah, this
one I have to push to you guys. Yeah, I mean I I'm just looking at the information on the survey and it it shows the you know the bulb of the culdeac. Uh that curve goes right up the property in the current line you know right there. Why are you moving the fence line to
begin with out of curiosity? The fence line currently like I said currently sits significantly in to the property line. The thought was there is to move it back out to the property line and then also to enable us the better
outside. So what if the fence was to remain where it is and I think that there's an issue that we need to assert our
I just find it you get you're not to disagree. I just find it hard to believe that when that subdivision was done or when that street was made into a culde-sac there was no agreement where I mean there there's
zero almost like a zero measurement to the back side of the curve to that property line. We'll set we'll set the gate in five. I'm just I think that makes sense to do that. Set it in five or seven feet. You know what I mean? Like absolutely. In light of that, what
we could what we could do is move that gate fence in. Let's say where my tent is. If from the end of my tent would then 90° out to the the property so that we have that offset around that.
I have no objection to that. That's something we could add for engineering actually the field decision based upon the trees and consideration of the you know maybe a needs or you know just setting it back a little bit. So maybe something that
gets done with the engineer in the field. Absolutely. I think that's a good suggestion. Thank you ma'am. Michael, I'm gonna, you know, I'm gonna ask for your thoughts on this one. You have anything else to add to that with
regard to the fence? I mean, I think I think, you know, Frank brings up a good point that you don't want to have that fence too close to the curb line because in the winter time it's just going to be a problem for maintaining and clearing
snow, you know, for both the burrow and and the owner of their property. So, I think the reality is going to be should this be approved, I think it's going to end up getting laid out in the field some distance off the property line.
It'll be dependent on I think based on the obstructions that we see out there. So, you'll be willing to work. Yeah, absolutely. And I think that it should be at the gate at at the entrance at the
second. Absolutely. I think we maybe talked about that once or twice as all right. Anybody else from the public have a comment or a question? Okay.
Seeing that I bring it back to the board. Um Mr. Stenis, the only question I had was if any of the parking changes change the lighting that's proposed. I don't I don't believe so. Uh in that particular case, okay. If if for some
reason we need to modify a light to accommodate that, that's something we'll work with you engineer to make sure that you're that adjustment. But from what I see, we shouldn't need to. Thank you. Remember, the entire lighting plan is subject to a field test
uh post construction, the adjustments to be made, um and determination as to which can be dimmed at night and so forth. safety, how much safety lighting is necessary, so forth like that and that's all going to be worked out with
it with your professionals of course that that should help. What I was after is if there's any modifications that they don't affect the residents and that's our standard way of doing things right. Um okay then any any other com that was
thank you sir Michael again have anything right at the moment we're going to move up yeah yeah questions may come up here okay fair enough all right once again for members any further questions
so we don't really need to revisit this storm order because it sounds like it's subject to board engineer management Yeah, there will be uh some storm water management measures that will have to be provided. Don't have those details yet, but they agreed to
provide those details for our review. Last couple months, we've been kind of been a little bit more aggressive on that plan, right? They have rain water. anybody else.
Okay, Jeffers. Thank you, Mr. Rivers. Yes, we have two operational witnesses. Michael, is your intent to call them effectively in tandem? Yes. And Brian is going to be the primary speaker and Dena is going to fill in as
necessary. Okay. So, sworn in simultaneously, have them introduce themselves and uh we'll take it from there. We're going to swear them at the same time. Correct. Um and then folks, one at a time, you'll identify yourself for the record. You'll state your name, you'll spell your last name, and you'll confirm your affiliation with the
applicant entity. If you could please both raise your right hand. Do you swear or affirm that the testimony you're about to provide will be the truth, the whole truth, and nothing but the truth? If you could please, one at a time, state your name, spell your last name, and as I indicated, provide your affiliation with the applicant entity.
Brian Hun, Hu N O N, Vice President Operations for Park Health Consulting Service. Dina Nolitana N A T O L I T A N O
the owner's representative health. Okay, very good. Um Mr. Rubin, they're not swearing in any expert capacity. They're lay witnesses, so no need to voard deer. So please proceed, Mr. Rubin. Thank you. Um I'm going to get this right. I don't
Brian has to begin the first ask to affirm and you will be involved with discussions between the owners of of this site and the municipality over the last three months or so. Is that correct? Yes, we
have. Yes. Okay. Ryan, why don't you begin with uh describing the first of those meetings? Um how they came about, who was present, what was discussed. short. Um, back on March 3rd of 2025, um, we reached out to, uh, we both kind
of reached out together, I believe the mayor, Chief Dylan, and EMS to try to resolve some operational issues we were having at the center, mostly dealing with four major issues. One was the amount of 911 calls and how to reduce
that. It was putting a strain on the volunteer ambulance service here in town. Um, also better communication as far as emergency call list to share information about who do they reach out to when they need somebody. Um, also
radio frequency, I guess, has been a long uh term problem at this building. So, I know the the police and the fire company, their walkie-talkies don't work in some part of the building, so they have trouble communicating. They wanted that resolved. Request we help them with
that. And the last uh section dealt with uh when they 911 does re um report to our center. What doors are they to use? Uh sometimes they'll go to door and nobody will be there. So we determined course of action which I can share some of the conversations we had but that was
the four main points how to improve our relationship with the town. Uh since then we've met three other times. We face toface meeting on March 10th. We also met April 24th and we are scheduled to meet again in July 30th. I will say
honestly uh the first meeting was a struggle on both sides. There was definitely some walls we had to break down and get to know each other. Um hopefully, you know, I can speak for our side, but we've made significant strides uh in strengthening that relationship, reducing 911 calls, evaluating every
call that goes through. I don't know how much the board wants to hear uh details on that but we were working evaluating every 911 call why was the call I can give you a quick example the last reports I have was from March on me we had uh a total of 22 calls in March 16
of those calls came from our memory care unit if you look at a memory care by our health codes we have to have a phone in every room including a memory care patient so 16 of those 22 calls in March actually was a memory care resident trying to call out so what can we do
about this? So, what we're trying to do uh for that one example is uh work with family members and if they sign off that their loved one doesn't need a phone in that room, it's an opportunity to reduce that risk of somebody calling 911 on the memory carrier. Um that's just one
example of what we've done. We've identified doors. So, now we have two doors they go to. We have staff member waiting for 911 when they get there. Um the DNRs which were a problem sometimes the do not resuscitate orders are available now at the nurses station that
was a struggle uh back in March. Um and the radio frequency is a we had evaluation done by a company out of Texas. They did a full report for us share those results with Chief Dylan. Um and we in the process now of firming up a vendor to actually fix the situation
which I would say we're probably 30 days out from actually fixing what we need to do on our side. So EMS, the fire company, and the police can take in our buildings when they need to. Um, no, I I would just like to um
agree with Brian um that we did meet with, you know, the mayor, Chief Dylan, General Devore. Uh it was it was definitely a struggle at first and I've actually you know logged comments from our the initial the initial comments after every meeting and sent out notes
to the whole team. Um you know and and the last one you know I I just want to say that you know Chief Dylan said that we're making great progress. The communication has been great. Um Daryl Damore said you know that that
things are looking good. No, no comments at this time. Things look great. Um, radio frequency, they were very pleased to hear that. Um, council, can I ask what your client representative is reciting from as she's
my own notes. Okay. So, so you know, while while the evidence the rules of evidence don't strictly apply in this proceeding, Miss Npalitano, your council will will advise you. We really can't speak for folks who are not in this room as to what they did or didn't say. Um so
I I would uh council I would guide your I would guide your witness on this. Uh but that's that's my position to the board is that this really is not fodder for testimony. Okay. I I'm sorry for doing that. I then I would just like I I would like to add to the board members u
I'm fairly new to the position with Marquee. Tom Kil of course was here prior to me. Some of you guys might remember Tom. Uh but ultimately we want to be good neighbors. We want to do the right thing. Today I met with one of the neighbors about some trees on her on our property land that are hanging over that
we will handle. So communication is important to us and uh we'll continue to focus on complaints with the neighbors and if it makes sense to take care of it, we will take care of it. as well as operationally with the plan
of action that has been put into place um to address all the things like the 911 calls and the entryways and the the DNRs in the nurses station, the communication, the drills. Um that was
another thing we added were more um mock drills on 911 calls in the facility. So yes, I just like you to know that we are doing our best to be good neighbors, proactive. And I'd also like to say that
I've been in other healthcare working for other healthcare industry. I've been with Marquee now for six years. The difference between us and some of them are that we buy our properties,
we own our properties, we keep our properties, we don't sell them off. We're not looking to just make a dime. We're looking to make a difference in the lives of the people that are there. We're here for the residents of that
facility and to be the neighbor. Council, I'd like to uh answer your question about I think handing over the food on the gate andor keeping the employees from moving out of that area we're going to provide them. So I'm proposing to corporate that we install
some outdoor cameras that will not be showing the neighbors yards but our property lines and we would address any issues as they happen immediately and you know handle it how we need to when we have actions like that happening. That would be my plan is to add a few
exteriors. Great. Thank you, sir. No, go ahead. I just um I know there's a question about address that you guys had mentioned. Yes. So, um, one of our
tech it techie people, definitely wasn't me, um, were was able to get it changed on Google, um, Google Maps, ways, and Apple. It just looked Hamilton on which Google.
No, no, the addresses hasn't been changed. Okay. The directions has changed. Oh, the address won't change on the mailing address. That's because it's the mailing address. So, when you put your address in that you want to go to, right, you don't want to go to, you want
to go to the Allenale Rehabilitation Center and then you say, "How do I get there?" So then the Google algorithms are saying, "This is how you get there." Now, the only time
we saw it not work was when somebody was actually offering and it was like in the neighborhood, you're right there kind of thing. But otherwise, it is directing you in off of 17. Now, the dress the actual post office you get
there mailbox it gets delivered. Okay. 285 but that delivery comes through the doesn't that's correct
the posting office deliver M mr chairman if I if I might for a minute um please do council I've done this a number of times in the past year alone an applicant a property owner developer can certainly petition the USPS through the postmaster general to
update the physical address of a property and that is done in concert typically with the municipal first response officials and and the guiding light they typically apply is where is the real access where and how are we getting there if there's an emergency.
Um we talked about this at prior public hearings. Has there been any petition or at least any even informal interface with USPS to actually update the address for this property to a Route 17 address in lie of a Hariton address which is not
an access point? Not that I'm aware of. Me either unless I would have to check on that. I really don't know. But we certainly will do it. Yeah, sure. Back in uh I believe it was September 30th. Yeah. September 30th we the board requested that address change. Um and
that was supposed to be the process was supposed to begin at that. Okay. Because right now you go there, there's still signs all over the place that say 85 road even the one at 17 entrance. You go to your website, the website still says it, right? So that should all that
should all get changed. Okay. Okay. Yeah. Some people may put in like 85 Hamilton and not downtown living and then you're going to 85. Correct. Correct. And that might have been my misunderstanding as I thought it was the the way it's getting here and the
addresses of the we'll take care of it. I'll do it the right way. Are are there other properties operationally that did a similar u renovation where it was nursing home and added acuity to it that you guys have
experience with? I'm I'm trying to understand if this renovation is to drive more people that are sick and skilled nursing, wouldn't the need for more ambulatoratory services potentially be required versus what it's been historically now that you're kind of improving the services? There's going to
be sicker patients there and we already know what the ambulance traffic is currently. So should is it fair to assume that acuity up needs for visits may go up? I mean that is not my area of expertise but I would think you would have a
slight tick in know higher care acuity um that the calls might go up but we also have a uh huge renovation to the uh independent assistant living properties too. So that's those people don't need as much care and part part of the
problem uh that originally started this whole conversation back in March was our 911's calls were elevated and one of the reasons were census when we brought that building was was down significantly. I don't have the numbers in front of me and we increased census greatly
therefore for patients to take care of that building. So to that point there there probably is a need but I could it's not my area possible that our numbers are these numbers are understated relative to what the future needs are of that facility proforma for the renovation pos.
What? Thank you. What are the current um operational guidelines for refuge or garbage pickup and what have they done? We have it's not before it is on our notes. Um,
not to be before I was I think it's not before 8:00 a.m. What how would you guys or how would you assess your ability to adhere to that? Yeah, pickup times are 8:00 a.m. to 5:00
p.m. Right. We've worked with our our trash broker and our hauler to adhere to make sure they follow those guidelines. Personally, I have not heard of any issues, but if we do hear of issues, I'll go address them as hear them and hope that trash uh fall I can assure you
that that's not being maintained and that's not been the case for the last year. Okay, that that was something again officer Ruben. There was there was testimony by one of the by one of the neighbors that on one
day the Tuesday the garbage people had showed up. That was the only testimony was one day between September meeting and the December meeting. Witness pointed to one day. She said Tuesday. It showed up at 6:30 a.m. I have reviewed
that tape twice. I can even give you the minute on the tape recording without council. Council that we heard you. We heard your response, please. No, no, no, no, no, no, no. Council, council, council, we heard your response. We heard your response. We can move on from
that. Okay. So, one day. So, so it it it Hold on. It's your testimony that the garbage picked up before 8 a.m. once. No, it wasn't my testimony. It was the testimony of the neighbor. So, what's your testimony? I don't testify. What's your client's testimony? What's your
client's view on them? If if they are showing up for 8:00, we will address it with a trash controller. If they don't adhere to us, we will replace them with another company that will. Sir, you said before that you're willing to make amends and whatever their needs
are, your neighbors. Yes. I think you should reach out to your neighbors because there's definitely some issues. Yep. And I So, like I said, I met with them today for the first time. Um, I provided my card. I provide information information to the neighborhood. I don't
know the best way to do that, but I would love to be engaged with the neighborhood. Again, ultimately our goal is to be great neighbors. We're going to be here for a while. I know there's some people sitting behind you that do have some issues. Yep. And I I'll be willing to listen and address them as long as they're reasonable. We can agree because sometimes they won't be or most of the
times if anything that we can do to fix the problem, we're going to fix it. And I think also at the previous meetings I know um that that whatever neighbors were here were given cards to call and let us know what happens. Um I got I
actually got one call one day um from one from one of the people one of one of our workers in the facility and they said you know I just want to let you know there was a car over by the gate trying to make a delivery blah blah blah. I said they took a picture of it
and sent it to me and I said thank you so much. We got on it immediately spoke with Yehuda May over at the facility. He called them and reamed them and it was company clean slate. Okay. On that date. Yeah. So, so what I'm saying is if we
are aware and we know it's happening, we can do something about it and we want to do something about it. Do you feel like it's the responsibility of the residents to sort of have to babysit the property? They don't have to babysit the property, but you know what I mean? Should they
should they have to complain all the time? If you want to be good residents to the neighbors, should they have to call you and tell you when you're not following your orders? Well, hopefully shouldn't have complaints and hopefully those complaints will go down hopefully. But in the meantime, we need to know about them be address.
No, I think they will go down because we're putting in a fence that is going to block that that area that show that fence is being, you know, commun it's it's already on the electronics for the emergency. So,
everybody is safe, which is really the most important thing in my eyes. So, that's being done. The privacy screening is being there. The buffers are going there. The lighting has been changed. We're giving the employees, they're getting not only instruction and
awareness in the facility about where they need to be outside the facility. We're telling them they need to be good neighbors and it's part of who we are. I mean, we really do want to make it our mission to be
that that type of people. We would rather go over the fence and say, "Is this so and so, you know what? We're having an ice cream social here today. Why don't you come over? That's the way it should be. No, I I appreciate what I think you should be, but then I
appreciate what I witness and the um track record is not is is underwhelming. And so that's why we're making our decision. Change. No. From what? I live remark I I live outside the 200 feet on
that street. Um the garbage comes the garbage comes. Um the traffic is there. Um and none of the things that we've talked about since the April 24 meeting has really transpired. So for me, your
credibility is low in terms of operating the facility to the things that are on this sheet. So you may say it can be done and these are all the things that we're asking but my comfort level on you you being able to execute on that low based on what I've seen. That's my that's my Are you testifying that you've
observed garbage trucks? Are you testing? He's not he's a board member making an observation. Mr. Rubin when have you seen garbage trucks that Mr. Mr. Rubin you don't Mr. Rubin Mr. Rubin you don't get to cross-examine a board member during a dialogue and cross-examination of your witness. Okay
Mr. The board member is making a comment about credibility of your witness and what they're implying could and might on his observations which need to be challenged. I disagree, Mr. Rubin.
Council, what if we we we still need to see it for ourselves and and I mean, we need to know what's happening because we're addressing it with the garbage company and they're saying, "No, it's not happening at that hour." So why don't we put a camera there?
It's an easy fix. We'll put a camera there. If those things are happening, we need to take care of that. Small town. I I think um council, you came before the board the very first time. What? September,
October, uh ballpark. Last year. Yes. September. September. Okay. as as and and I know that um Mr. I believe you are I know you guys need an order. Okay. The gentleman
before you Tom Tom Tom Gilor Okay. Tom course is he still with the company? He's no longer He's no longer with the company. Okay. Um this board sat and provided comments for lack of a better
word as council to keep honest here. And there were, you know, these things were these things are talked about and nothing's happened. And I think uh is saying, you know, there's we're going to do this, we're going to
do this, we're going to do this, we're going to do this. Well, you know, here it is almost nine months later. Okay. And Mr. Ruben, I'm trying not to give a testimony here. I'm just giving facts. Okay. And what I'm hearing and what I've heard over the time is that it really
haven't changed. So now you're coming in, you're asking for something. You're asking for this more intense use of this property and we're not seeing changes that we were told that we may
look. Isn't it a less intense use at this point? You know, higher level of care. That's not really a question for a board member, ma'am. I mean, your witness all I'm saying it is a less intense use. Okay. I'm sorry. It it's we're appearing
for you for a less intense use, not a more intense use. We're reducing You're reducing the bed overall. Right. Okay. You're reducing the beds, but the the potential of care is changing.
Yes. Correct. the number of months. Okay, thank you. And I could add there's a reason why Mr. Course is no longer with us. I could say that. And uh again, I'm I'm new. So hopefully we'll give you a chance to to get some of these items
taken care of and addressed in the near future. And as far as the fence goes, I know we need permits and all that have to be approved before we do any of that work. But um that is our intent. That's really all I can say on my behalf is that if Gordon can give me a chance,
give me a few months, we've made progress with the the mayor and fire chief and uh Chief Dylan, I think we can make strides with you guys as well. Have can I ask I don't mean to interrupt, Mr. Chairman, but but but going back to some of the testimony. Has
the applicant made a request of any of the first response officials that they indicate they have spoken to to issue a formal memorandum to the land use board regarding their conclusions or opinions because otherwise I I don't know Mr. Rubin I see your gestures but but
candidly I I don't know what we have beyond the the parenthetical quotes of your client saying here's what so and so said here's what the other so- and so said. Um, you had these meetings. These are over the course of half a year. We have more testimony under oath. That's
what you have. Well, we have a hearsay statement under oath for Mr. Palitan. Testimony under. That's what you have. Okay. Well, we we'll rely on the record. Thank you. Um, I'm just looking at the ambulatory numbers and calls. Has Mr. Kilor when he
was here said that there would be possibly an attempt to privatize it. Have you guys looked into that? Yes. Where what's your feeling or or take on that? Because just looking at the numbers, you guys are right on track to
pretty much almost uh meet or exceed last year's numbers. She we did a couple things. I wasn't involved in this directly. Uh, Chief Dylan actually gave us reached out to and again I I'd have to check the notes an ambulance service that he was aware of that could support
as we reached out to someone else but maybe someone as well to this current day I I don't think there are any agreements agreements for support in that area. So the focus was okay what can we do to focus on getting these numbers down and at least being able to
justify which happens a lot a true 911 call. I'm just looking just because from the meeting in December and uh with the only date I have goes through May 15 and the frequency was 082
from January to May 15th and the frequency last year was 088 calls per day. So almost a call a day. You're right on track to kind of meet that again. So I know it is a burden on our first responders because they are
volunteers and so I would like to see an effort to privatize it because the intensity although the use is not going to increase the frequency is going to increase based on the patients you're bringing in. So I I don't know that I
feel comfortable with that not being I'm sorry. Um forgive my ignorance if I'm not saying it in the right manner. I know we've had discussions and we can get them confirmed however we need to
with the EMS team with Daryl Diamore and Chief Dylan and talked about if we still needed to look down that route this point they said that's on hold. We're trending in the right direction. I'm just telling you the information I
have as a board member for me to be comfortable. Okay. We don't have those. Yeah. I don't have a had all these conversations with the first responders with Chief Bill and it would be prudent to get those numbers so you could in fact see if you needed to look at maybe
privatizing the ambulatory service but on the communications they're getting from the chief and Mr. Deore they're not I'm just telling you where I stand right now provides every 91 call to us every night. Okay. But do you know how many calls there have been since January to
now? I don't have that in front of me though. I do not. I have March call as I said earlier 22 large 16 memory car. So also when Mr. Kilcourse was here we also did ask him if he did look into having a 247 staffed
ambulance there and they he straight out told us it was financially impossible by your company to do that. 247 is is difficult. It is difficult to do. We also you're you're right. It absolutely you're right. But we looked into
liferide and and different ambulance ambulance companies that are not equipped to handle certain they legally have to be handled to what is it called? Chief Yeah. for emergency services. So
the life rides can't handle. So the life rides can't handle it. Gave us Hackinack. Hackinack as well. Jersey. He reached out to them hoping they would give some support. They do. I think the is that we don't want this to fall on the town. This is not a town
issue. This is a your issue. We're hoping it will come to us with a solution. Sure. And and by saying finance is the problem. That's not the answer. I can't speak for what I said. I understand that, but I'm just reiterating. Yeah. I will take back that
back to the other. Okay. I mean, do you do you guys have any records of the amount of falls? I mean, you know, there was a comment that was just, you know, Frank numbers here and we you actually have some level
records of um calls that are made for We do. We do. We just don't have them with us. Honestly, to be honest with you, I don't know about you, Brian, but I thought that was kind of an issue that's been resolved and resolving.
I didn't think that was Chief Bill and provided all 911 calls from 2023 and 2024. Every single one. We looked at every single one, categorized it, true emergency, resident calling, dement dementia unit calling, family member
calling, what the calls were. Broke that all down and reported it back to them. They were satisfied with us taking the due diligence to try to figure out what's going on here, what we can eliminate. And from the last meeting, again, we're meeting in July. From the last meeting, they were satisfied in the
direction we were headed. Again, I'm not that's what we heard from them. I mean, I think it's surprising to me that they're saying that when the numbers don't seem to match it. Other questions, comments? Okay. I just want to before I do that, I
think Ed Michael first. Okay. Please. I was following the questions offered by the board with regard to the emergency service calls and I think that's an important consideration standpoint of trying not to testify here but uh I know
that the applicant correct me if I'm wrong is you're increasing the number of skilled units by 20 to you are increasing the or the needs for for nursing type of units In the overall proposal, you are adjusting the assisted
living units by 37 reducing by 37. So there is the ability to intensify based upon the u type of units that you're proposing. That's one of the variances that this getting to the bottom line as far as
services. fencing and everything else or answer to the whole discussion to the whole comments. Did you have an I think that there needs to be some explanations but the memory
care beds like we know that the 911 calls they're initiated from that memory care unit and that we've identified the fact that that is where they were coming from not all of them obviously 162.
um that when we can get and we hated to say we said the repeat offenders that we can you know meet with the families and see if there's some other alternate means we can give them and provide them with so I think there will be you know a
decrease in in the cost from that um and additionally there were other calls that are were called I you're not increasing member care beds are you no no so those numbers are dupes where many of
the calls seem to be coming from that would offset whatever incomes come from their right and that's not to say that you know that's not to say that obviously if there is a significant
increase something needs to be done I mean that's just It had it has to work. It has to be safe. The people for everyone, you know, the including the EMS team,
they they have to be safe. You know, they can't be overworked. And um but do we need some more information from the team that we've been talking to to
for for their level of comfort at what this is because they are the EMS team. They that that's the police department. That was the you know the ambulance the volunteer ambulance services. Those are the people we've been talking to to get to a comfort level.
So, how do I give you what you need to the I I understand it's sort of a rhetorical question, but the board can't give you advice on how to prosecute your own case. My observation legally speaking as council to the board is that boards normally have staff reports in
front of them from departments and agencies. The last exhibit introduced by the board was introduced in December of last year. exhibit B1 and it showed a significant increase in calls to First Response under the current ownership of this property. And since that time,
there have been no official positions by first response, save for providing objective numbers of calls to date, which I know you indicate in your testimony you likewise have somewhere, but not with you. I would think we'd know those numbers cold by now, but but
we clearly don't, you know, on your side of the table. Um, I think that would help if we did, but but I I can't let my board help you prosecute your case at this point. So, that that question really doesn't have an answer that the other side of the DEIS can answer. Ma'am,
understood. So, just to go back on safety things again, um, the radio survey you said you had, you said it was 30 days they're supposed to come back and have that. Yeah, we have a vendor coming out uh later this week by Friday, okay, for a
proposal. We have one proposal, but it was over. We need to get a second proposal. Okay. So, they'll be out this week and then we'll make a decision and award that the owners have already committed to make this happen. Okay. So, I don't have how long it'll take to get that except roughly 30 days. So, when I
have an exact date, I can certainly provide it. did have one other question and it had to do with operations regarding the memory care facility. Is there any way of trying to address the false PS? I know you're trying to find repeat
offenders and deal with those situations. How have other facilities managed this issue? If you're having someone with memory care issues, which I understand it's a difficult situation, but if they're the ones getting the
vending, how can are there any other mechanisms you can offer this court to reduce those calls? Yes, those unnecessary. Yes. So, um, explain it the best I can. the
when those 911 calls are coming in now, they're they have a system where the nurses nurse's desk also gets notified. It's a memory care unit. They're immediately in there and if they know immediately, they cancel the call. So,
they've been able to kind of, you know, get up in front of it a little bit so that that's not continuing to happen. So, that was one of the things. The other thing was the repeat offenders that they could talk to the family members about getting buttons or something else, something a little bit
different for them first so that we know what's going on. Um, you know, removing that that phone from their from their room. Um, and then there was a third thing too. I forget, but those were the two things. Those were the two. Okay.
But still by having the 911 calls go through still and having the nurse come in there and the 911 call going to the PD, the PD still have going to have to still respond there respond to the buildings uh to your facility still. Honestly, I don't know. I would think
so. I would agree with you. I mean, they're not just going to take your word that no, there's no medical emergency here and say, oh, okay. Again, I'm not going to speak for conversations that we had with. However, we there was some conversations on how can we do it? we call quick to answer 911. But again, I'm
not going to go through the details on because I don't know the details well enough, but we were had that conversation of what can we do once the department receives that 911, but we know it came from memory care, right? No, I know that. What I'm just saying is
they're not going to take anybody's word there that's saying it's, "Oh, yeah, I know we reported a medical call, but it's not a medical call. You're not needed anymore." I was They're still going to come there. still very so okay I mean in my eyes it's just an abuse of services but that that's well
of course okay I have question um I mean it's from what I'm hearing sounds like there's solutions that are being suggested by the applicant that you know if they're implemented will resolve the cause I
mean until these solutions are implemented Is it is it that big of a hardship to invoke a private company? If these are going to be quick solutions that are going to reduce the pool in a short amount of time, we'd have to take the back the ownership. That's a legitimate question
for sure. So, we can take that back to the owners and have that discussion. I have five minutes. Five minutes. Okay. Board will take a break for five minutes. Council's requests. Okay. London.
I can um pause the audio. Shut the audio. Just mute us. Just pick. All right. Okay. All right. Um, we're back. We're back live again.
Um, council. Yeah. My client have has based upon the dialogue colloqu between board members and representatives, the order, they've asked for an opportunity to
further discussions with the town to request that um chief of police and the head of EMS attend the next meeting um whereby they can talk themselves about progress, lack of progress that's been made and their concerns. lack of
concerns with respect to the issues that have been raised by the worker at that time. They'll also be able to provide data with respect to garbage collection well as data with respect to postal address postal provide the whatever
formal application or whatever documentation they have with respect to postal address change and 91 breakout they will provide 911 break. Okay.
Okay. Um, Council Larry. Yes, sir. Um, that's fine. I mean, we had two new witnesses testify this evening. I I cannot see whether there's an audience or not, but I imagine there may be. We need to open it to cross-examination of the public of these two witnesses that testified on
operations, Mr. Chairman, before uh the board considers carrying this matter without further notice to a a new public hearing date. And I did make note of all the deliverables that the applicant promised they would undertake between now and their their eventual next public hearing. There's the the two witnesses
are coming back to testify. Their direct testimony has not been completed. So I don't I don't think it's I don't think it's it's it's appropriate to cross-examine them before their direct testimony is completed. I I appreciate what you think, Mr. Rubin, but you've got a public hearing ongoing right now. You've had live testimony this evening
from two witnesses. And there might very well be a public audience who absolutely has the right to cross-examine witnesses based upon testimony, sworn testimony offered this evening. There's no certainty a member of the public would be at another public hearing to cross-examine these witnesses. There's no certainty these two witnesses will
return. In fact, I believe this is numbers three and four of operational witnesses on this application to date. So, Mr. Chairman, my recommendation is that welcome hearing what they have to say because when we come back, if there's something else that we need to
have accomplished, we would like to do that. Yeah. And Mr. Chairman, this is beyond disagreement. This is this is the standard process. Public is entitled to cross-examine a witness that testified at a proceeding. You've had two witnesses testified at length tonight. Mr. Jeffers was
cross-examined and he testified for 5 minutes. You've had these two folks in the hot seat for nearly an hour. There is absolutely no basis to withhold cross-examination from anybody in the public who has questions of them tonight based upon their testimony offered this evening.
Council, I have to Okay. I I I agree with council. Okay. as I had said earlier, but the questioning will only be obviously what these two witnesses spoke about with the understanding that
there may be more to come from that. Okay. Okay, Larry, are we good with that then? Absolutely. All right, sir. Okay. Um, before I do that though, I just want to make sure the floor is is comfortable. So, are there any other questions before
I open it up to the public? Okay. Um, Ed and Michael. Okay. Members of the public, you are now there's an opportunity for you to come up, make comments, and ask questions of the testimony that you just heard from
these two witnesses tonight. Um, please feel free to come up, state your name, address, and ask away. But again, the information that you heard tonight, these two witness on this testimony.
Thank you, sir. Jim Briggs, uh 244 Ramy. Okay. Um I don't know if it was from the two witnesses, but there was discussion from the table here on previous testimony around garbage pickup
and frequency pickups before 8:00. Are these questions or testimony? Did this Yeah, this has to be Thank you, council. This has to be a question, sir. Because there'll be comments later on at the end, but please, as long as it's a question.
I I I suppose it's it's public comment. It's disagreement with the statement that was made here uh regarding the frequency of pickups at previous
um I suppose I don't have a question here. Great time. Um I'm going to Mr. Kelly, is there anything that you want that you have to say to that because I'm comfortable with this with this gentleman coming back at the end? Yep. No, that that's fine. If if there's no
question for the witness that now is not the now is not the time for public comment on the application. So I think Mr. Briggs is is um correct in relenting and yielding the podium right now and come back at a later date for commentary under a sworn statement. Okay. Thank
you. Okay. Anybody else from the public to come up and question or have questions for these witnesses? Okay. Seeing none, I bring it back to the board. Questions, comments?
Okay. Mr. We're talking about you coming back in September. Okay. And Linda, that date would be Are we open right now? Yes. Uh September 17th.
There's a regular meeting. Okay. That's a Wednesday night, Mr. Ruby. Yes. 7 p.m. 7 p.m. Okay. Um, what I what what I'd like to what I'd like us to hear is whatever continual uh
uh from these witnesses and whomever you bring, but I'd like to hear and I'm just going to be very simple about this. You know, there's been a lot of things that these witnesses and your previous people have said that they would do. Um, I
would like to see some evidence record, whatever the legal comments is to know that this because I or you know, we're hearing a lot of, you know, I missed Frian. I'm sorry. I'm going to
mispronounce your last name, so I apologize for two. Okay, so again, you're new with the position. Okay, I'm sure you've heard some of the previous testimony, etc., etc. Alano, again, I'm assuming the same thing, but you're new here with this is the first time you're
being here. We've had people here before from your organization. I'd like to know that things have been done and evidence thereof. Okay. Um I would also like to see um some perhaps our professionals or EMS
police etc behavior. We will certainly request that both uh Mr. Deore and Mr. and Chief Dylan come and if necessary I'll work through Mr. Cali to see supporting that effort. Okay. Council, you're comfortable with that? And I'd be
I'd be glad to help Mr. Rubin um effectuate that to the extent I can. Thank you. And if and if if I need to assist, you let me know, too. Certainly. All right. And Andy, I'm also going to I'll also ask you for some assistance
with that if necessary, please. Okay. Um that's really for now. That's all that I can I can throw into this thing. And I don't want to speak for everybody here, but I think speak with their Okay. Um yeah, we requested
that this be carried to September 17th, 7 p.m. We extend all time constraints through the end of September. Um Linda, I know sends me something to sign and I will sign it once I get it now. And members of the public, this is this is
your notice that this bear to September. Okay. So you won't get or Larry, you know, I'll let you do your Go ahead. Yeah. Yeah, certainly. So, so for the members of the public that are here this evening, this application is going to continue and perhaps conclude on
September 17, 2025, 7 p.m. in this room. You will receive no further public notice from the applicant. There will be no further periodical publication. This is the notice of that continuation of that hearing. So, if you are interested to either ask questions of witnesses that will continue to testify in this
case andor offer a public statement um a statement on your own behalf at the conclusion of the case, September 17th will be your time to return uh to this room at 7 p.m. with no further notice. Thank you, Mr. Chairman. Thank you. Okay. All right. Thank you.
Thank you for your indulgence. Thank for your time. Thank you very much. All right. Okay. We have two more two more items. We need to be very very quick. Okay. Um
Folks, we still have a meeting. We got us. Yeah, we have some more business, please. Really? All right. Next on our agenda are two resolutions. is the first office application file
2025-08 resolution 25-20 the water New Jersey 98-101 New Street Allenale 21101 block 4 linary and final site grant approval um Larry do you want to we have all the conditions you want to call them out
real fast or certainly I just had the resolution up give me one moment Mr. and I'll pull it up again. Thank you. Sorry. Blindsided me a little bit. No, no, I just had it up, but but you know, um it's like Rodney Dangerfield said, if it wasn't bad luck, it'd be no luck.
Okay. So, the applicant was before the board, as you know, at the recent public hearing to discuss the improvements to the essentially the utility structure, which services the water supply system in the burrow. Uh the applicant agreed to all of the conditions that were proposed uh by the board during the
course of the public hearing and they included as follows above and beyond the standard effectively boilerplate conditions. The first of which is they will comply with the terms and recommendations of the Van Clee engineering report of May 12, 2025.
The applicant confirmed that the standby generator will have an acoustic dampening enclosure. uh it will comply with all decibel and air quality requirements set forth by the NJD and and any federal agency that has jurisdiction. They did concede that they would cycle it for routine maintenance and exercise during weekday business
hours. So it would not impact any abuing property owners. Uh when it cycles under emergency power, it is exempt from all of those provisions. So um the control on the cycling will be when it's doing uh maintenance operations. They confirmed they would tender a cut
sheet of the generator to Mr. Veland's office for his review and approval as to the acoustic conformance. Um, and there are, you know, specific NJDP regulations that apply in title 7. So, Mike will be able to review conformance with that upon review and um, receipt of the cut
sheet. Uh, the existing frack tanks that are on the property will be removed once work pursuant to the approval is completed. and the applicant stipulated that they would only return on an interim basis when there's emergency service needs that would necessitate them and it would be on a limited
temporary basis if and when that had to happen. Um we had discussion about restoration on the site. The applicant agreed they would repair, restore, replace any damage caused to several different areas on the property and around the property including the paper road, the parking areas uh adjacent to
the garage and the access bridge to the property. This would all be post implementation and subject to board engineer review as an effectively an asbuilt field condition uh once they are up and running with their site plan improvements implemented out there. Um
the applicant agreed to landscape uh and include trees development and coordination and with and to the satisfaction of Mr. Veland's office. We discussed specifically in the area of the water treatment plant along the right side of the property. Um, and the caveat is that if the locations were
deemed to be in a floodway or a Greenacres regulated area, they would be relocated to stay outside of those regulated areas. Uh, the last of which was the applicant did agree to pave the paper road in those areas of the property that are occupied and utilized by the applicant. There are areas on the
property uh that are not within the applicant's control. So, it was limited to those areas that are within their control and we identified it as uh areas in and around the garage and associated areas. Again, this is all subject to um field implementation reviews by burough
staff. Thank you. Any questions by the board? Okay, seeing that, could I have a motion to accept the resolution is just detailed by Mr. Cali? Okay. Do I have a second, please?
Thank you, Linda. Vice Chairwoman Bergen. Yes. Board member Rosala. Yes. Board member Grio, yes. Board member Dallow, yes. Chairman Sir, yes. Board member Butler, yes. Okay. Then the last resolution
is 25-21 2025 hazard vulnerability assessment amended land use element of the borrow Allen El Bastard. And this, Mr. chairman and board members is is uh effectively a memorialization of the action um of the board's approval
of that document following Mr. Snikus' presentation of same at the noticed public hearing of May 12th, 2025. Okay, any questions on the resolution? Seeing none, can I have a motion, please?
I'll make a motion. All right. Can I have a second, please? Second. Thank you. Vice Chairwoman Bergen, yes. Board member Rosala, yes. Board member Petrino, yes. Board member Garo, yes. Councilman
wants to vote on this. Yes. Okay. Thank you. Board member Dow. Yes. Chairman Serita. Yes. Board member Butler. Yes. Okay. Thank you. All right. Um, opening up to the public for any comment. Seeing
that, I bring it back. I need to announce we all need to know we do not have a meeting this week. We do not have a meeting on the on the 18th. So, you guys Okay. Um, any other business that
needs to be discussed, Mr. Chairman? Sir, will the signed copy of the resolution for tonight's meeting be brought to the uh for detention? Yes. Who has that copy? I guess Linda would have a copy of that in
very short order because he has 48 hours to submit that to the board attorney with the FL. I was told to send it to the attorney that you were dealing with. Okay. Jeff Serenia. Okay, that's better. Thank you. That's what I was told to do with it. And I think earlier tonight
Jeff asked explicitly for it himself. Um certainly we could certainly copy Ray and probably should, but but I think Jeff um asked for that document as well. Yes, she did. Thank you. Okay. And we have that all signed here. So, okay. Um
All right. Any other business? And you got anything? Okay. All right. Um motion to uh end the meeting. Motion check. All in favor? I everyone. Thank you. Thanks, Tyler. And
good night, folks. Thanks, Larry. On your vacation anytime. Enjoy. Thank you.