Mayor Jacobs, I am here. Committee man Hickey. Yes, he's muted. He's there. He's He's there. He's there. I see him. He is there. Uh Mr. Walter here. Mr. Leonard here. Mr. Rodelius here. Mr. Gi.
Mr. Wild here. Mr. D Martino here. Mutshaw here. Adequate notice of this meeting of the Bedminster Township land use News Board was filed with the township clerk, sent to the Burnerville News and the Courier News and to all subscribers and posted at the Township
Municipal Building, One Miller Lane, Bedminster, New Jersey on January 10th, 2025. Please stand for the flag to the flag to the republic for which it stands. One nation under God,
indivisible, with liberty, justice for all. Like two steps ahead. Uh, first we'll open it up to the public if there's anything that anyone would like to talk about that's not on the agenda.
Um, G Pentel, is that anyone that's in here or that? Oh, he's with us. He's with Okay, good. So, and and Rob is also So, and Jake is from the newspaper. So, I do not believe that we have anything. Okay. All right, we will close it to the
public. Uh, we have minutes that we need to approve from uh, April. If you got a chance to read them, I'll make a motion to approve the minutes from April 10th. Second. All in favor? I I
um, Vince, were you here? You were not. I wasn't here for that. No. Me tosselves. We did. Everybody else think so. Yeah, I think so. Yeah, they're but yeah, so that's all right. Uh we have uh some
correspondents um from Mr. Men um who represents country club 305 and they're looking for a one-year extension. I believe we have that in our packet. You do? Yes, I can help I can
help you with that, Madam Chairman. Um this is this is uh very straightforward. Tom Melman represents the subdivider on Country Club U uh LLC. And uh one of the provisions of our
ordinance is that to record a plat you must uh submit it within six months of the um approval. But there were they were still working on their governmental approval. So they were not prepared to submit the um final plat for signatures
and recording which is appropriate because you should never record a final plat until all conditions are fulfilled. So, um I recommend that you consider the resolution that you have before you to grant an extension of one year from that
uh six-month restriction in our ordinance and from the U stat for the statutory protection period of the subdivision. Okay. Um so, we need to have a roll call, I believe. Uh I mean first and then yes. Yes, you do. Yeah.
I'll second. Okay. Mayor Jacobs, you participate. Just Yeah, I was just um checking to see if this is planning board. Board board of adjustment.
Uh planning board. Planning board. Who's planning board? Yeah. No, no variances. Uh and just a subdivision. Hi. Uh, Committee Mhickeyi. Hi, Mr. Walter. Hi, Mr. Leonard. Hi, Mr.
Readius. Hi, Mr. Dini. Hi. Uh, Mr. Wild, hi. Mr. D. Martino. Hi, Chairwoman Dutch. Hi. Okay, extension is approved. Uh, we have two resolutions as
well. New Jersey American Water. We need a motion to approve. So moved. I'll second. That was not um planning board. Uh Mr. Walter. Hi. Mr. Leonard. Hi. Mr. Roius.
Hi. Mr. D. Jvenini. Hi. Um Mr. WS. Hi. Mr. D. Martino. Hi. And chairwoman. Hi. Jine. Just a quick a comment on the um on the resolution. Mhm. It uh says PB up in the
uh up here. Okay. So, I think that should be POA. Yeah. On the U New Jersey. Yeah. Okay. Okay. And we've already approved the country club 305. Yep.
Okay. So, now we're with Paul. Uh for completeness, we currently have Tigerclaw LLC. This is for the Exxon station down in Fortune Valley in 2026, right? Um they are incomplete based on
this letter. They have submitted new information to me, but I have not yet. Okay. Okay. The next completeness is AT&T for the application you are hearing tonight based on applications submitted. Um
there are some waiverss that are required but it's recommended that those waiverss be granted the application be deemed. Okay. So if the board would if the board would entertain it, then it's a motion to wave the remaining items for
completeness and to deem the AT&T application complete. Is there such a motion? So moved. Commissioner Jacobs. Hi. Committee Hickey. I believe I have to recuse myself on this one. That's right. I'm
sorry. Yes. Mr. Walter. Hi. Mr. Leonard. Hi. Uh Mr. or saucy recruini. Hi, Mr. Wilds. Hi, Mr. D. Martino. Hi. And chairwoman Ga. I Okay, our application is
um complete. Uh should we go into this old uh business in the fourth round? Should we do that now? Do that first before the advocate. Uh yes, because Colin and George are here for that and then they can leave because they can leave. Okay. All
right. So Frank, I guess uh you're taking this. Sure. I better be. Yeah, it's your job. That's what I heard. We are once again uh dealing with the
affordable housing obligation of the township. We're in a situation where the planning board is the only agency that can adopt the master plan or any element of the master plan. But we're always well informed to realize that the governing body, if you're going to
recommend a zoning change or a housing plan, governing body is going to need to be willing to implement it for it to be right to do. We've been fortunate in the well somewhat fortunate in the fact that the backlog of or or the the uh excess
credits from prior rounds have been able to cover most of the obligation that the township has had. But what we're doing now between now and June 30th is you're going to adopt a round four housing plan. And what that plan needs to do is summarize what your obligation was in
the first round, what you did to meet it, the prior rounds rather, in the third round, what you did to meet it, and then the fourth round, what you're going to do to meet it. And we have what I've summarized for you in those papers is the fact that your backlog I backlog
is not a the right word. This is the best way to describe it. When All & Dean decision came down, Bed mission was assigned 819 affordable units. At that point in history, when we look back at everything that you've been
required to do from the time COA first came along, you've been required to do 451 units. So that was 819 units in what was effectively round one, six-year period. And now we're talking
about a period of 1987 to 2035. So you would have had to if you were building a hills to meet that full number for that whole period right now it would have 2250 units. As I think you all know we have something more like
4,000 units between Timberbrook and the hills and everything in pluck. So you've done a a substantial you provided a much more substantial contribution to the regional need than was ever your fair share. You haven't really kicked and
screamed about it, but you're now trying to make sure that you get full credit for everything you've done in the past that's credable and that you do the part you haven't yet satisfied according to the Fair Housing Act amendments. And that relates to the family rental
obligation. And if you remember, we went through this. The reason KRE got approved, the units that the zoning board approved at the elite job on Lamington Road, all went to meet the 28 unit obligation that we had in the third round as a result of the court
settlement. Now, in this round, the full obligation of the town is 72 units. And I can you can address all of those requirements except nine family rental units. That again will be affirmative
requirement that the township has. So what I've outlined for you shows how we have met each the obligation in each and every round and it is the basis for the housing element and fair share plan which is that document that you got with all the tables and charts in it. That's
the housing element. The document I'm going to add to it which is summarized in the papers I sent today is the fair share plan. the fair share plan is the thing that needs to meet your round four obligations and I believe that we've been able to do that. So very briefly
I'd like the mayor to be able to comment on this because he's sort of guided this process in a way I think it's been very effective. So Larry maybe you want to say a few things. Right. So when we look at the uh the 72 units that uh were allocated to Bedminster by DCA
u threequarters of those may be um owner occupied for sale units. That's where we have the surplus from uh the construction of the hills. And as Frank
mentioned, we have hundreds of surplus units uh built from the hills that can be applied to forthrown obligations. So of the 72, what is it? Um is that
58 forget what the that are that are that can be satisfied with owner occupied units. So threearters of those 25% of our units have to be rental units and half of that 25% are the ones that are the family rentals we're talking
about. Yeah. So so let let let's run through the numbers. So 72 is the total number. Um 18 of which can be rentals or must be rentals. of those rentals half can um
half can be through uh senior or group homes. So nine can be through group homes and we have um senior and group homes with pluckman senior uh which is restricted in perpetuity. Uh we counted that once
during the initial round and we get counted again because it's another 30-year cycle. Um and and that leaves us, as Frank mentioned, with nine family rentals that we still need to provide.
Um looking at the math and going back and forth and back and forth, uh we were looking at some of the credits that may have been left over on rental units from third round. and we do have some rental
units that can be applied towards third round obligations. We also looked at KRE. So KRE um has not been built. was approved but has not been built. And in discussions with representatives from KRE, they've
advised us that uh they are looking to modify the project which was approved at 160 units um with 20 what was it? 24 affordable housing rentals.
was an expensive project. A whole lot of uh um intricacies um including the podium and the parking the underground parking or under podium parking uh that created a lot of
expense. uh they've done some value engineering on the project and are going to come back uh and they've written a letter that their intent is to come back with a total of 140 units rather than
160. However, with the new affordable housing law, since Bedminster is within a uh a regional planning area, the
Highlands, the set aside for affordable housing is not established at 15% but at 20%. So with 140 units, they're they're actually providing more affordable
housing than they were at 160 units. So Frank, John Bolardo, Tom and I with Colin have gone through the numbers have back and forth with the KRE team and in crunching the
numbers. The nine units that we are required to provide with respect to family rentals can be accommodated with prior third round
credits and the additional units that will be built by KR. So Kerry will be event they will uh hopefully within this year coming in with a site plan application for the 140
with 28 family rental units. We may need to adjust the zoning a little bit. We won't need to amend the master plan. So this should be a quick process but you'll see them coming back for another round of what we did before. It'll be a little
more robust. You'll have the opportunity to again express the concerns that we had about streetscape and all that stuff. And you'll see that some of the elements they've had to take out relate directly to that streetscape feeling we had before. So there will be a deliberative process here. The good news
is they're going to give us 28 affordable units. So which means we have more to apply to the fourth round because of their project. If we need a couple more than that, we've already had a dialogue. the mayor opened to dialogue about maybe trust fund purchasing units so that we don't have to go find them
some other way sprouting through the hills uh when there's an otherwise me mechanism in place for rental units in a complex where they can be added and well managed and maintained. So I think we've got our handle on what it is you have to do for this next round. When we submit
the plan on June 30th, there's a period during the summer where anybody who wants to take a whack at you can. And then by September, the people that are working for the program, the affordable housing dispute resolution program will be working with the towns that have
gotten some response to what their plan was from program. uh and will be in court because everybody had to file a declaratory judgment lawsuit in order to continue to proceed through this process. Our job right now is by June 30th get this thing adopted. We have it
I think it's June 12th is our hearing. Is that correct, Janine? As long as everyone's okay with that, that's what I have earmarked as our next hearing where we will adopt that hearing and you guys at the um governing body will I think
it's June 16 then correct? Is there a time frame on when these need to be built? Is the DCA going to come back and say, "Hey guys, you know, it's been six, seven years you haven't built any of these just enough that we say we have a plan in place." there there's a mechanism that they refer to as the
midpoint monitoring that allows them to the process to look in on what you've done and if you haven't if nothing's working they can suggest that maybe you need to look at doing something else when you've granted an approval like we did for Kre where we know we're entitled to the 24 portable units that we were
supposed to get there all you needed to do to get credit for those in the third round was zone that property for that you didn't even have to get somebody to come in and get an approval the only way you get the bonus credits is you don't get it just by zoning. You either get them approved or built and occupied like
after the laming unl to pick up the bonus credits because in the third round and all the prior round uh credits that were available, they were trying to incentivize rental units. So, they gave a one for one bonus for every family
rental that you came up with. And the rental bonus was very powerful and now it's gone. So, new set of rules, new sheriff in town, different priorities, more interest in uh non-institutional housing, the kind of housing that group
group home type facilities. So, what happens next is if you are are happy with the approach that I just outlined, and I'm happy to spend as much time as you want to to talk about more detail, I will deliver back to you a document before it goes for
public hearing. So, you'll see the entire thing together. I don't think we're going to need to have another meeting to go over it because of how we did this in the last round. And you're going to it's going to look an awful lot like your last housing plan updated, but everything's updated based on current
standards. And so, we take every opportunity to get credits out of what you've done in the past. And you've done a lot. When we get all done with this, after crediting everything that you've done, you still have 660 extra credits. when I was in high school, that was always great. You could
do better than and hey, you could get extra credit, right? So, and and so while the the uh the rental bonus is no longer available under the new law, there are other bonus credits that are built into the legislation.
um and we may be taking advantage of that. Not necessarily with respect to um the fourth round obligations, but we will be presumably creating additional bonus credits that will be available for Bedminster in years to come. So, we're
good until then 2035. That's correct. You'll get a judgment of compliance and repose. That means you're good to go till then, right? And because you've done so much more than you should have done, I wouldn't say that anybody that tried to sue you would get laughed out of court because
there's a way that they, you know, some towns I think you're going to see towns being sued for their present need. Now you're talking about builders coming in saying we build, right? The whole idea of Mount Laurel was the builders were the friend of the court. they were going to get the housing done and they had a
very sincere interest in making sure it got built and the and the rules made sure that the affordable housing got built along with the market units so we didn't end up at the end, you know, mess. But like I say, that's a real thumbnail sketch of what it is. It's
relatively uncomplicated. It's a lot of bean counting and when you look at the tables, you'll see the neighborhoods that we've assigned to different categories. Ultimately, this goes through the sort of the proof checking process when the court reviews it. The
court master read tells the court whether or not it should be approved and then when it gets approved, you get your repose. So, I would expect because of how straightforward your plan is, this isn't going to be one. Never have in mind. Yeah. Don't Yeah, don't say it for that. Don't do
it. That was really close. So, again, if you have any questions, I'm happy to answer it. Do we have any group homes in Bedwin? We have a a facility that is technically not eligible for credits,
but that it functions like a group home because it's a home for retired ministry. Well, that's what I was thinking. Be them, you know, credit for that. Right. Yeah. We Robin tracked that one down. I think we ended up concluding that because it's not deed restricted
and there's no affirmative marketing that we're not in a position well the affirmative marketing for group home I shouldn't say that it's the deed restriction I think that was the issue because it's restricted to be occupied by the reverends but it isn't income restricted according to the rules that
have to be in place for them to be low and moderate income qualified it's a good question yes it's Lou uh can Can you give us examples or a definition of what a group home is? There there are laws in New Jersey. I'm
looking at the screen. You probably have no You don't have to do that. Sorry. I see you. I see you. You get to see me and I don't see you. Can't assist them with that. Um, group homes for the developmentally disabled
are enabled under the municipal land use law. So that any single family residential zone has to allow a group home because it's essentially comparable to a single family dwelling. So there are group homes for a variety of social purposes and they
uh not don't always qualify. You have to look at the fine print to see whether or not they qualify for credit. There is an advantage in that group homes do get extra credit in this iteration of the plan. So the bonuses have shifted away from family rentals
and toward uh those other alternative housing opportunities. Thank you. Thank you. Anyone else on the board have any questions? Any
questions? Okay. Thanks, Frank. I know what to do. I'll get it back to you. Okay. So, Janine and Janine and I will schedule a notice for uh June 12th. And we really need a m at least a
majority of you five of the board to be present so that we can meet the June 30th statutory deadline. That's very important here. So, do we have at least five of you who will be present on June
12th? Y should be good. Yep, I think so. Okay. Okay. Thanks, D. All right. Um, we're ready for our application. 18.
See you later. Good night. Hi. Good. How are you? I didn't see you. Great. Good evening board. John Machowski, Feed Drinker on behalf of AT&T. Uh the applicant here is AT&T
Services, Inc. This is for property located at 1405 to 1455 Route 206 lot 41 lot 16.02. Um it is located in the O office research zone. Uh our application here
is um for plain final site plan approval for an emergency generator with above ground diesel fuel tank. Um that facility is going to be located within a portion of the existing parking lot which will result in the net loss of approximately n of nine parking spaces
which triggers the need for a variance um for the number of parking spaces which we will discuss during our presentation. Um as our witnesses will testify to in more detail, this emergency generator is needed as soon as possible to back up the HVAC system
needed to cool the onsite data center. Uh I we have received uh two review letters for this matter. One the engineering review letter from Mr. Ferrero uh dated May 1st, 2025. We received a planning review letter from
Mr. Banish dated May 2, 2025. We uh as our witnesses will testify to will comply with those letters. Um I do have two witnesses tonight. Uh both of which I believe you're familiar with. um Rob Michello and Ron Kennedy from Gladstone Design Engineer uh our civil engineer
and our planner. Um so with that, unless there's any initial questions, I'm going to hand it off to Rob uh to start our presentation. Okay, anyone? Go ahead. I'll swear in the witnesses. Uh Rob and
uh we're on raise your right hands. Do you swear affirm tell the truth, the whole truth, and nothing but the truth to help you God? Do I do and the board uh please state your names and address at least the business address.
Sure. Robert Mosello, 265 Main Street, Glass. Ronald Kennedy, 265 Main Street in Glass. And we'll just confirm for the record that the board recognizes and accepts the qualifications of Rob Michella as a professional engineer and Ronald Kennedy
as a professional engineer and a professional planner. Please go ahead, gentlemen. Thank you. Excellent. So, I have two exhibits for this evening that I want to put up. So, I'm just going to go ahead and put the first one up on the screen now. Give me one second to share my screen
here. Great. So, we'll call this one 81 for the record. and it's entitled overall aerial exhibit dated May 8th 2025. I'll just mark 11 by 17. I'll get that to you. Thank you. Jine wants just for some context here, I have the
2020 state aerial that you're looking at on the screen. Um north being up on the plan. Um for context purposes, Route 206 runs in a north south direction on the east side of the property. The property itself's outlined in yellow. It's block 41, block 16.02, it's
26.249 acres. And we were here approximately a little over two years ago um for you may remember this for the folks that were there for the what they called the accessory research structure that AT&T was going to install on the property and bring and bring it over from the Benminster property. as it has
as it happened to have turned out. And just for reference purposes, that structure was supposed to go right down here on the southern side of the property. A second to zoom in there in that in that um southern parking lot. Um as it turns out, they have not actually moved the structure. They decided not to bring it to this property. So that
approval that was granted a little over two years ago, they basically at this point um giving it up in terms of that. So there were a couple parking spaces that at that time were going to be taken up, I believe it was five parking spaces by that structure. They never built it. Those spaces are still there. We basically abandoned the approval and
those parking spaces are now available. So just for that, put that context on the record. I know there's a question I think was in Mr. Burough's letter about that structure and whether or not it was built and essentially they decided not to do it. So that being said, just some other information on the property. The exist two existing office buildings
exist exist on the site approximately 233,500 ft over the two buildings with a connector in between. There's 1,030 parking spaces on the property today. Both surface and um underground parking inside the buildings as well. Um so the
the focus of this evening, I'm going to go to our so just one more point on here. So just to point out, we're in the O zone, office research zone. The res we have residential to the west, residential to the south, you have some residential to the southeast. On the
other side of 206, you have the advanced office complex to the um east of the property which is the subject of the fresh pad application which building was under construction now supposed to be completed in the next few weeks. Um and then to the north you have the o zone which goes up past the library, past
lamington road into the office buildings up there. So that's the context of the surrounding surrounding environments. Let's go to my next exhibit which is going to be a site plan rendering. We'll call this site plan rendering. is entitled um sorry site plan rendering
and speed2 for the record dated May 2025. So the focus of this application is the installation of a generator. I'm going to zoom into the plan here so you can see that a little bit better on the screen. That accessory research structure was going to be was actually going to be right down here in these
five spaces happening. As I mentioned, the focus of this application is to install a gen set as we call it or generator set and fuel tank above ground fuel tank in essentially nine parking spaces closest to the u closer to the building. And the
reason why this area was was chosen was power comes into the buildings at this location. So we'll be able to locate it close to the utility rooms and the power that services the uh services the building. Also too, um, in terms of this back portion of the site, it's pretty heavily screened from Cucusbrook Road.
Um, there's there's an existing BM that runs along the road there. Now, it's about 3 to 5 foot high. There's vegetation on top of that burm and it does provide a good screening for this area as well on the back portion of the site. But the main thing is the power is right there for connecting into the building. Essentially, it's a 1250. It's
a 1,250 kilowatt um, generator. This is actually a generator that AT&T currently owns. It's down in their Virginia c Virginia campus and they're going to bring it up here and install it on the site. Um, and it comes with it comes with there's an 8,000galon um double wall steel fuel tank that's going to be
above diesel fuel tank that's going to be above ground next to it which will supply the fuel to the uh to the gen set. And what we have to do here is because the parking lot has a slight slope to it um we have to basically take out the asphalt and build two concrete pads to set the generator and the fuel
tank on. So it'll be elevated anywhere from 6 in to a foot above three. Um the generator itself is in is in a a sound enclosure and that sound enclosure actually provides um sound attenuation and the manufacturer specs on it is that
the sound attenuation is 65 dibels at 25 ft from the enclosure. So that the the generator itself is over 150 feet from the nearest property line and under the state um sounds or noise standards um
during the day 65 dBA at the property line and at night it's 50 dBA at the property line and in this case the generator during normal daytime maintenance and testing operations will meet that 65 dBA standard. It's 65 dBA 25 ft from it and we're 150 ft away.
when actually the DBAs go down as you move away from the from the generators. So when you're in testing it for maintenance purposes, it has to meet the the noise requirements of the state. When it's running for emergency purposes, it it's exempt from the noise standards and and and again those those
noise standards are are set for daytime and then this nighttime hours as well. The generator will not be tested in the evening hours of course. So I think there was a comment in one of the review letters about testing hours. we can agree to test during daytime business hours only from 10 to 4 is reasonable for that. Um and and no testing on the
weekends or in the evening of course. Um as far as um any illumination goes, this is since this is an existing gen set that we have already. There are um doors on it in order to access the enclosure around the generator because it's a sealed enclosure for sound purposes. Um
there are doors to access the generator itself on the inside. And on the and on the enclosure there's actually a a lights above the doors. So there will be a typical I call them jelly jar lights. You've seen them on just your your regular doors to a building. They have lights on it. Um that's that's there
that will be on that. But that's just for basically for essentially for for maintenance purposes for accessing the uh the generator. Um it's not made for flood lights for maintenance at night or anything like that. The height of the gen, the height of the gen sets approximately 12 feet, 12 and a half feet depending on which side we're
measuring it on. The height of the fuel tank is approximately 6 and a half to seven feet. Um, and like I mentioned, that's above an above ground fuel tank, double wall steel tank. Um, where the closest residents, we're over 300 feet away from the closest residence to the south. And that's there's a essentially
a screen buffer along the southern property line as well. I'm sorry, to the to the um east is the west is the closest resident. and we're more than 300 feet away from them. And essentially that covers the um the
majority of my testimony. Um oh just to one other point um as far as zoning goes, it complies with all the setback requirements. No new impervious coverage is proposed here and we're not anticipating the removal of any trees adjacent to the parking lots in order to exploit.
Um, do we want to just Rob, do we want to uh confirm um sufficiency of parking and um also um the the the urgent need for this? Yeah. So, Mr. Kennedy will talk about the parking in terms of in terms of the variance relief we're requesting there.
But in terms of the urgent urgent need for the generator, um the building doesn't have a a a generator now that can service all the HVAC systems inside the building. back in 2024. Unfortunately, um the power went out to the building. I guess everybody knows the power around here can sometimes be a
little bit finicky. Um and the power went out to the building. The data center that AT&T has inside the building um kicked on to its battery backups for all the computers in there, but the HBAC kicked off. The temperature in the data center went up to 110 degrees and the sprinkler head popped and they ended up
with almost a half million dollars worth of damage inside the building because the sprinkler system that hurt. So yeah, so because of that, this is really critical that they get the generator in here and get it set up. Summer's coming. We know how power is here in the summer, thunderstorms and the like. So we're really trying to get this done for them
as soon as we possibly can. That concludes my direct test. Okay. The parking here. Let's just go over parking a little bit. Sure. Um I'm looking at your scale here and you got,39 required. Yes.
And um you have 1,030 existing and you're proposing 1,021. That's correct. Correct. Okay. Can you afford to give up those parking spaces because it looks like it's awful uh full. It is a full site and Mr.
Kennedy's going to kind of touch on that also from a parking requirement. But we we felt we can you know the other we when we did the original application, nobody was in the building yet, right? So, you know, now we know that building's occupied. AT&T is dealing with their back to work um flown out, people coming back, and so they're still
working through some some shift adjustments and things of that nature. Men will touch on more of the details of that from a park perspective, but we feel generally speaking that yes, we can give up nine spaces. Well, actually, it's not even it's four or five because you're you've never built in that other
structure, right? Correct. sort of delta would be four or five pour more over the five that we so you're not going to lose 18. No. Okay. All right. Mr. Kennedy, you'll go on, I guess. Okay. Anything else? Well, it Rob, are you you providing the uh
noise testimony? That was it. That was it. Yeah. I'd like you to go over that again because I it was it was a little quick for my ears. So So the enclosure that the generator is in. Okay. the manufacturer specifications for the sound attenuation and they base it on a
certain distance away from the enclosure and that spec is 65 dBA 65 dB at 25 ft from the enclosure in all you know from in all directions and the road itself is what 100 the road is the property line's
150 ft from the enclosure and then the nearest residence is 300 ft from the enclosure so as as sound as sound attenu uation works. The further you get away from the the um the noise the sound the further the decibels
go down. So if we're 65 25 ft away naturally we will continue to reduce that level as we hit the property line where we're required to maintain 65 and 50. What what is the noise
attenuation on the system now? It's what what like what what what is the noise attenuation that's built onto the uh it's the enclo it's it's there's a muffler and it's the enclosure itself that it's instead the generator side of that has the sound dampening material. Okay. So so there's there's the
enclosure and then there is a muffler I presume the muffler is outside the enclosure inside the inside the enclosure. It's it it basically looks like a a a a tractor trailer if you will and everything's inside of it and and that's how the the enclosure keeps the volume of Okay. Other than the exhaust,
correct? Which the exhaust comes out through through grates through grading great openings in the side of the the enclosure. Okay. And how old is this uh generator? tell you one second. Believe it is the shop drawings we were given on it
are from 2019. Okay. So, uh Paul just is there any um degradation of noise attenuation? There there should not be um the the sound drops with the square of
the distance. So, it's it's very dramatic the way it drops off. would make one comment which is why I wanted to hear it again because Rob I know you said that during emergency operations the noise levels don't apply. They actually do because if you read the regulation doesn't apply for things like
hospitals and firehouses and those sorts of things and municipal buildings and it specifically says that it's regulation. Everybody everybody thinks that every every generator is exact but it actually is a computer. I haven't checked that because it was only our unless they've
changed it in the last two years that in my opinion you're far enough away that you're going to be dramatically below that even the 50 at night. Another question is on um for the
8,000galon above ground tank. Uh Virginia may not require it, but does New Jersey require spill containment other than your double wall um construction? I'll have to check that. I don't know the code specifically. You have to put your public works.
Okay. And uh how is the tank going to be uh filled? Where's the uh where's your tanker truck coming in from? It's going to come in from from 206 through the main entrance. It'll drive around the parking lot. Typically stop right, you know, front of the tank here and they'll
they'll fill it with with the with the typical fill hose on top. There's actually a um there's a small um metal staircase that takes you up to the top of the tank. Do you know how long it would run on a full load of the tank?
all that. No, that I do not know. Rob, uh, it's Lou. Um, I have a couple questions. So, looking at this, you see, I don't I'm not sure what your lot coverage is currently. I don't know if you're over lot coverage, but it
seems to me that you have a lot of grass area that maybe you could have redesigned this, put it to the side more, put it closer to the building and still save some parking. Can you explain why it ended up exactly there in the parking lot and not on the grass? Yeah,
good question. Two two things. One, we are over on lot coverage, I believe, on this site. I'm just going to double check that right now. We are the lot coverage was 35% for the zone. This site's at like 47.9%. Okay. Over on coverage. And number two, that area, that grass area there starts
sloping up towards the building as well. So, we'd have to cut down some trees and also, you know, install retaining walls and the like to to to put the generator closer to the building. That also makes it harder to access the fuel tank as well. Um, you know, for service and the like. So, coverage was one aspect of it.
And then, and then number two was the grade there, you know, from we were looking at where we were putting it. And there's existing electrical infrastructure that comes through there as well. So, we're kind of located this in an area where we're avoiding the water lines and the existing electrical infrastructure. Okay. And the other question I have um
is, and I'm not I don't know the answer to this at all, but because it's diesel fed, does it have an odor to it that's different than if it was natural gas, which most of our generators in town are? I mean, is there, you know, we're talking about noise, but what about
smell? Yeah, unfortunately, I do not have the answer to that. If there's any type of, you know, way to to deal with probably the the the short answer to that, Lou, is this. First and foremost, the size of this generator is going to require an air permit from the
D. Secondly, a generator this size cannot be run by natural gas. It's just too big. Okay. I just concerned for the neighbors when this thing runs they get a a whiff of diesel fuel coming their way. I don't think they'll have the diesel
fuel. You'll have the diesel exhaust but it needs to meet the emission standard and as I said there's an air permit required. Okay. That's good. Thanks. Anyone else? Good question. How often does it need to be tested? The typical
testing um procedures are going to be once a month. They'll they'll exercise it and you know and they're going to AT&T personnel will be in charge of um monitoring it. They'll have a separate maintenance you know contract to to maintain it. But yeah, once a month is typical you know exercising of
generators this size. Is there any way that could be done on like a regular basis so the residents know that it's going to hit on a certain day when that starts up and how long does it run for when it runs? It's typically 20 minutes for for exercising it. Um but we can certainly
see if we can get it on a a set schedule, but it's going to be up to the maintenance folks when they want to do that. Just thinking about the surrounding residence it would be weekdays and it would be as between 10 and 4. Okay, I'll open it up to the public.
Janine, have you got anybody? Um, uh, Pantel is with him. Is As Santos anybody or he's with us? He's also Okay. So, everyone that's online is with the Okay. All right. Then I can close it to
the public. Okay. ready. Ready. Good evening. Um I I'll go through and talk about the parking first because that's clearly the the only variance issue that we're dealing with here,
right? And the perception is the the people have moved in to this building a year year and a half ago and there's parking that seems tight and across the front of the property quite a bit as you drive by on 206. What's common? We've
had that same discussion. Um, a couple of the things that we've asked AT&T to do is start getting parking counts and they've started in uh March and April and gave us counts as far as the available spaces during the day and at
the I'll say peak time at 10 o'clock in the morning, 2 o'clock in the afternoon, not on Mondays and Fridays, okay? On Tuesdays, Wednesdays and Thursdays and just get an idea of what that is and what the availability is. The other thing that we know with every corporation right now is this whole
concept of corporate work from home and downsizing the square footage. There's a constant change in headcount that's assigned to this building. Okay? So that's influx. So even what happens today is going to change a year from now and two years as far as the headcount
into that building and who's allowed to work from home and who's not allowed to work. So in the counting that was given to us is there's somewhere between in the time frames that were done 297 spaces
available 128 spaces 182 spaces 171 197 spaces that were available at different times of the day. I've been through that since we started this application drive through there myself just to say that same thing. Wait a
minute, there's no spaces available. And if you go all the way towards the library, okay, in the north, I guess that would be the northeast corner of the property and you go down to the rear of the property down where this is, that's where the spaces are available
and it becomes farther away for those people to walk and we see them parking in other places. It's not necessarily in the fire lanes in front of the buildings, but along some of the aisles on the sides that are closest to 206. So, while we see someone at 206,
I'm like, the parking lot's full. I I drive in and there's four cars that are along the aisle that are parked close to 206 near the traffic light, but when you go in the back towards the library, there's multiple multiple spaces that are open because it's convenience
and right. So yeah, again, that's just what we're seeing. Um, so when we looked at this and we're not sure whether they may need more parking at some time in the near future and we've even had that discussion with them. We thought that
that may be appropriate at some point in time, but right now the focus was to get the generator and if their business model keeps shifting and changing and now that we got them counting the cars that are available, the spaces that are available and keep that going on at a regular basis, I talked to the fire
official and asked him, "You have any problems? Do you have any complaints?" No. You know, so we're trying to figure out, is there really a problem here at all or is there a perception because some of those cars are parked close to the road in along drive aisles that are typically not supposed to be parked,
they're away from the building. They're not close to the building. Um, but that's occurring. So, just said we we want to say we feel today we have enough parking, but we may be back six months or a year from now potentially asking for more parking as their model changes.
They've only been here a year and a half. Okay. So, they're trying to figure that out. The other place across the street, they had tons of parking. We had thousands and thousands of parking spaces when they were at the old facility. So, as they changed their model and downsized and upsized or moved divisions around, they have plenty of
parking. Now, couple things that our observations are and what your board observations, they're not parking in book. They're not parking in the library and they're certainly not parking on 206. So, any of that parking is contained to their site. We know of no hazards that they're causing in those
areas there. And again, when we've done council, we've had them know parking there and a pretty significant amount of parking, not down to nine or 10 spaces or something as small as the dimminimous amount that we're talking about now in
order to effectuate this, right? So, it could be a concern going forward. We don't know now. I think we're going to ask them to monitor it and if they know I have a problem for their employees, it's almost a self-inflicted issue. They're going to have to deal with it and then they have to come back and they're at whatever over in lot
coverage, right? So, they're going to have to deal with that and the mitigation associated with any of that type of information if they're talking about hitting support that lane. Well, do you think they have the ability to depending upon who works at home to moderate the amount of park they almost
determine? I think I'll say this, we work for a lot of different corporations, okay? Verizon campus up the street in Baskin Bridge. It was 1,200, 1,600. A parking stall deck that we built probably spent $50 million on
it. It's empty now and they only built it five years ago just before co you know just because things change, you know, back and forth. So, I'm going to say this, Frank. What I see from not just AT&T, but just the corporate world, there's this balance that's going on,
rebalancing and and rebalancing, and they're downsizing excess square footage. But if it's all back to work for everyone, they're going to need more square footage. Sure. And they're going to have to go not only for what this board may be concerned about, but for their employment engagement, they're
gonna have to go get more space, you know, somewhere else. But they're I I say they're all trying to figure that balance out of what they're supposed to be doing for them. Reduce costs given the benefit of work at home. It may not work in the business model. I can bring them all back to work. What days do they
come back Fridays and Mondays? I'm sure it's much less than half probably because a lot of people get those benefits of work from home and those types of things. Our commuting patterns, you know, so there's a lot of things not just with this project. I can do this for like an hour, you know. What's that?
I shouldn't have asked. No, no, I appreciate it. You're doing good. You ask you asked Ron a question. Do it. I'm sorry. But we have looked at it and you know we we we really wanted to make sure that we're representing the the loss of nine
spaces is not something that's going to put an additional burden on on the property on its its employees and certainly on the public welfare. And you know by the assessments that we've done even challenging them or going to the
site as much as we have by it all the time we think that the nine space laws is is is acceptable and I'll say for now um and you know as their business model changes as work from home strategy changes it may
every business if I remember correctly they were supposed to have like alternate park or alternate working wasn't that what was they talked about that it's just a whole work from home of the day and you know we we know people that work in that building. Okay. And
you know they're they're they're working all different hours and I think what they're getting direction from their company keeps changing. And so as I said a year from now if we we pulled them today how they're doing it a year from now it's going to be different. I I I think it's interesting
to consider this. They need a variance from the parking that's required by the ordinance. Right. Mhm. They have Ron, how many EV stalls? Only a handful. Right. 16. Right. Under under the ordinance, they count
two for what? So technically, they may not even need a variance because each of those stalls counts as two. The variance may if there are six, they would count as 12, which is six more than they have. So the variance would be for three stalls. And if they install three more EV
chargers, that's still double. Yeah. Up to 10% reduction. Yeah. Yeah. I mean, there's all different types of things. But the practical thing is and and that's the other aspect of it. Doesn't matter what your ordinance says. Is it enough parking for them to use? And I think the
testimony is that under current operations, it is enough. And I think they get stuck with it. If they change your operation, then there aren't enough parking states because there will be a point where fire official will come around and say, "Get those cars out of
the aisles and they may start ticketing them." That's really the the ultimate answer because what we there's a certain tolerance for having that stacking along some of those drives, but at a certain point at the
wrong time things go haywire. So, you know, it would be great for the company just to make a policy that says you don't park there ever. There's plenty of parking in the, you know, more remote area through two times during the week and there are in the back there's plenty.
There was plenty. Yes, there's plenty in the future. Who knows? But I don't have a crystal ball. I do have a question. What's this going to look like? This is a used unit. Someone mentioned it's a container. Is it just the unit itself? the generator. Is that
what we're going to see on the outside the generator or is it enclosed in another type of box? Like a C box, you know, that it'll be a fancy C box, you know, that say the container ship boxes that there that'll be all four sides, all all six sides will be all enclosed.
Okay. Okay. There'll be doors, the large doors that can open up for maintenance. Everything's inside. Not like a generator. You see mufflers and you see all these other things. So have to be intake for air and an exhaust. Okay. And tank it as necessary in case it's
scratched up, dinged up. Yeah. And you know Yes. And it's not pink, you know, hot pink. I can have There you go. We'll get a picture. Just saying. No, it's not. Well, it's I'm wearing it,
so that makes it neighbors aren't going to drive by and go, "What the hell is that over there?" No, the good news is I mean two two factors with the the impact and again we're doing the planning side of the negative impact of this thing is from Clucasbrook it's it's totally strange
with the combination of the burn and the vegetation that's been there for 30 years 28 years whatever it it it is there's no window that you can go on hooks and see this generator from the public on 206 really not a window that you're going to see from 206
driving by either northbound or southbound that you get a window that you can seen this this structure. I it is in a place that is fairly innocuous to the external elements of this project. Driving in that campus coming, you know, from the traffic light driving
to the front, you don't see it. Okay? It really the only place you can see it is that lower parking lot that's right there with a loading dock. That's the only time anyone from the public or even the guest uh coming into the site would see this. the uh the the um lighting
that Rob you mentioned earlier is that on 24/7? No, it is not. It's only on for maintenance purpose. Oh, only for maintenance. So, that outside light has not came out. Okay. Yeah, it's different than your light on the side. George isn't here. So, I I I felt I had I was obligated to ask a lighting question.
Yes. Okay. and and just I mean besides the practical sense of this just as far as the purposes of zoning because that's really the criteria for the C2 varian I I I think it's pretty straightforward in the sense that on purpose A which is really about public health safety and
welfare do have an issue that is a problem on the site with the power grid and needing the backup generator for what's in that building and because that's critical infrastructure for them their customers um I think that's important that that's done and uh uh uh B uh and purpose B which is similar to
that is to secure from safety uh to secure safely from fire, flood and panic and we've already had not a fire but we've had flood and panic when that thing did fail in March last year as far as that that problem and it was pretty significant what went on in that besides
the damage and the good news is it was a Sunday at say 1:00 in the afternoon was no one in the Okay. If that building was occupied, that that that would have been, you know, with the 800 people that would have had some
problems. So, it is something I think that is important and it's consistent with the purposes of zoning for the relief that we're asking for of these nine spaces for this. And it's just from the negative criteria standpoint. The the outside world really won't see the the the units, but the
negative criteria is about the parking space. is that the negative criteria about the parking is it's affecting the campus. It's not necessarily affecting external. It was in the VN zone and you had people that had too many parking that's a problem because you're going to be parking on the street or in other
people's lots. That's not a problem. The size of the trailer is similar to is it exactly the same size as what was previously approved? The trailer? Well, whatever we're calling the the slight the generator structure, it's
slightly larger. It's about 44 feet long and and 13 and a half ft wide. That's a little bit larger than the the RC plus the tank. The tank next to it. The only took up five spaces. So, but it's nine as Vinnie said
with the diesel tech. Yeah. And the tank is all enclosed. It has to meet all the EPA standards, you know, as far as the enclosure and what it has. And again, it's similar to what you have behind the public
work. Same style. When you look at the photos that are on the drawings, it's the same style. It's sitting in the public building. Judge, I have a quick question for for Tom Collins. Um Tom uh when Rob was uh doing the
introduction um he mentioned that uh whether it was AT&T or the property owner uh they are giving up the prior approval for the trailer. Do we need uh does that need to be addressed in
the resolution? Yeah. Yes. And we will, Larry, because they're they committed on the record and they're not asking for a variance from the number of parking spaces that includes those I think it was five
spaces that they got last time. So now they're only asking for nine, I guess. Um, so yes, we will we will reference it. And it was kind and good of them to and wise of them to abandon that because
then it would be 14. But we don't need they don't need a wave. They don't need a variance of 14. Any other questions from Ron? I actually I just want I had and you you really did address this but just for the clarity of the record
because we have this varian just confirm the benefit of controlling temperature in the data center during a power outage uh event substantially outweighs any potential detriment. Correct. It is the standard C2 argument that we've made. Certainly there's a benefit to this that outweigh any given degradation of those
partic um and I think you did address the negative criteria but just to make it clear um you can confirm there's no substantial detriment of the public good here and no substantial impairment of the intent or purpose of zoning correct I do agree yes no further questions anyone
else no open up to the public Janine we find anybody no Nope. All right, we can close it to the public. And I guess Tom, we're uh ready
to address this. Tom, you there? We lose you. We just need you to unmute, Tom. Okay. Can you hear me? We do now. Okay. Um we'll we'll just confirm that this is a resolution
to approve the uh preliminary and final site plan uh and related C variance for parking uh as described this evening subject to the standard conditions and uh subject to Paul and Frank's reports
and to the uh expressed abandonment of the prior approval for the accessory testing uh structure and and its parking variance. And so the parking variance that's being granted uh which can be
effective this evening with the applicant authorized to proceed effective immediately provided all other requirements of compliance are met uh will be for nine parking spaces as requested. And uh uh that's that's the and then the
standard conditions and that's if there's a motion that will become effective tonight. So move a second. Mayor Jacobs. Hi. Mr. Walter. Hi. Mr.
Leonard. Hi. Mr. Djabini. Hi. Um Mr. Wild. Hi. Mr. D. Martino. Hi. Chairwoman Gutcha. I thank you very much. where Villanova caps in decals. They're
invest and and for the NCAA tournament. Do we all do we all just Well, you got to get it. That's right. Right. Right. Does he have a better chance now? I would think so. Right. He was in attendance when Satan Hall
beat Villainova. Was he? Yes, he was. He was at the game. Were you at the games? Yeah, because you go to Sen Hall games, right? Yeah. He wasn't attending for that game. That's That's pretty neat.
That's really neat. Yeah. Well, that was a thing. hall. There was a bunch of clergy from the school there as well. So, they were all in attendance, so they spotlighted them. Oh, that's great. Yeah, that's right. Okay. Anything else from the
board? Any comments? Interest? No. All good. Then we can have a motion to adjourn. Second. All in favor? I I Okay, good. Good night all. Very cool.