WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=PHh6knYMhXs

Part: 1

1
00:01:49.320 --> 00:02:05.479
I know. It's a little jarring. >> Actually, it was something I never sat here. Okay. >> There's no I don't know the password. I >> Oh, I like it. >> I'm calling to order the regular meeting of the June 16th, 2026

2
00:02:05.479 --> 00:02:22.080
Township of Bernards Planning Board meeting. Please rise for the flag salute. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God

3
00:02:22.080 --> 00:02:40.840
with liberty and justice for all. >> This is the open public meeting statement for 2026 in accordance with the requirements of the open public meetings law of 1975. Notice of this meeting of the Planning Board of the Township of Bernards was posted on the bulletin board in the reception hall of the municipal

4
00:02:40.840 --> 00:02:56.800
building, Collier Lane, Basking Ridge, New Jersey, was sent to the Bernardsville News, Whippany, New Jersey, to the Courier News, Bridgewater, New Jersey, on January 21st, 2026, was electronically mailed to all those people who have requested individual notice and was posted on the

5
00:02:56.800 --> 00:03:12.720
official Township website. The following procedure has been adopted by the Bernards Township Planning Board. There will be no new cases heard after 10:00 p.m. and no new witnesses or testimony will be heard after 10:30 p.m. May I have a roll call, Ms. Layman? >> Chairwoman Ms. Angelo?

6
00:03:12.720 --> 00:03:29.560
>> Here. >> Mr. Argua? >> Here. >> Ms. Bannon? >> Here. >> Mr. Crane? >> Um can you say that again, Mr. Crane? Mr. Crane? Can you say it again? >> Here. Here.

7
00:03:29.560 --> 00:03:45.920
>> Ms. Manduke? Mr. Shafer? >> Here. >> Mr. Seville? >> Here. >> Ms. Smith? >> Here. >> Mr. Supervi? >> Here. >> Mr. Tompkins? >> Here. >> Mr. Bone? >> Here. >> Ms. Bay? Mr. Sly? >> Here. >> For the record, Ms. Layman is present.

8
00:03:45.920 --> 00:04:01.320
Madam Chair, you have a quorum and may proceed. >> May I have a motion to excuse the absence of Mr. E Oreio who let us know beforehand that he was not going to be able to make this meeting. >> So moved. >> Thank you, Mr. Saville. That's seconded by Ms. Manduke. All in favor?

9
00:04:01.320 --> 00:04:15.959
>> Aye. >> Opposed? None. Thank you. Motion carries. Uh next item on the agenda is the approval of minutes for May 19th, 2026, our regular session. These minutes were previously distributed to all members of

10
00:04:15.959 --> 00:04:32.640
the planning board in advance. Um ineligible I have um as ineligible to vote Ms. Bannon and Ms. Manduke. Um Oh, Mr. Crane as well? >> Correct. Because he recused. >> Oh, thank you. He recused. Um and Mr.

11
00:04:32.640 --> 00:04:50.400
Crane is also >> Sorry. >> I wasn't here at the last one either, so I think >> This is for May 19th. >> Oh, May 19th. Oh. >> You were here. >> Disregard. >> Okay. So, um May 19th, 2026 regular session. Are there any comments or

12
00:04:50.400 --> 00:05:06.600
edits? Seeing none, may I have a motion to approve the minutes as drafted? >> So moved. >> Thank you, Mr. Saville. >> Second. >> Seconded by Mr. Tompkins. Can I have a roll call? Ms. Layman. >> Mr. Arguello. >> Yes. >> Mr. Shafer.

13
00:05:06.600 --> 00:05:21.120
>> Yes. >> Mr. Saville. >> Yes. >> Ms. Smith. >> Yes. >> Mr. Subervi. >> Yes. >> Mr. Tompkins. >> Yes. >> Chairwoman Ms. D'Angelo. >> Yes. >> Thank you. >> Motion carries. Next item on the agenda is a completeness hearing of Amsac

14
00:05:21.120 --> 00:05:40.520
Asking Ridge LLC block 11 301 lots 1.01 and 1.02 180 to 181 Mountain View Boulevard. Amended preliminary and final site plan PB 26-002. Do we have a representative or >> No. >> Oh, we do.

15
00:05:40.520 --> 00:05:55.320
>> I can say >> Just want to talk into the mic. That's all. >> Sure. Um whatever the pleasure of the board, I'd be happy make an appearance or just be here to answer questions. >> And your name? >> I'm Michael Castoria of the law firm of Day Pitney here this evening on behalf

16
00:05:55.320 --> 00:06:10.520
of the applicant Amzak Basking Ridge LLC. >> Um we do have Mr. Schly's memo in front of us. Um Mr. Schly had previously given us a memo that had a few items that were needed to be completed and we got a follow-up that

17
00:06:10.520 --> 00:06:27.760
was dated June 5th, 2026. We got a follow-up memo on June 15th, yesterday, 2026, where it indicated that all items had the application been reviewed for completeness pursuant to section 21-51 of the land

18
00:06:27.760 --> 00:06:46.040
development ordinance and all applicable items have been submitted. Is that correct, Mr. Schly? >> Yes. >> Does anyone have any questions of the applicant or his attorney? Okay, then I will entertain a motion to deem the application

19
00:06:46.040 --> 00:07:01.720
time. >> So moved. >> Thank you, Mr. Saville. A second? >> Second. >> Uh Ms. Manduke? Uh may I have a roll call, Ms. Keefer? Uh Ms. Flayman? >> [laughter] >> Old habits die and die hard. Ms.

20
00:07:01.720 --> 00:07:18.440
Flayman. Mr. Argawal? >> Yes. >> Oh, I'm sorry. Hold on 1 second. Mr. Crane is has recused himself. Thank you, Mr. Crane, for reminding me of that from from this vote. Mr. Argawal? >> Yes. >> Ms. Bannon? >> Yes. >> Ms. Manduke?

21
00:07:18.440 --> 00:07:33.160
>> Yes. >> Mr. Shafer? >> Yes. >> Mr. Saville? >> Yes. >> Ms. Smith? >> Yes. >> Mr. Subervi? >> Yes. >> Mr. Tompkins? >> Yes. >> Chairwoman Ms. Archangel? >> Yes. >> Thank you. Thank you. >> Thank you very much. Um could we possibly speak about a potential

22
00:07:33.160 --> 00:07:48.640
scheduling of a hearing date? >> Um sure. It uh you can. Go ahead. >> Uh what is the board planning to meet, I believe twice in July? >> Uh we are not going to meet July 7th because we have a lot of people that are

23
00:07:48.640 --> 00:08:04.240
going to be on vacation. >> Understood. >> Um July second meeting in July is also relatively tentative. I would prefer an August meeting to tell you the truth. >> All right, sure. When and what was the

24
00:08:04.240 --> 00:08:23.520
>> It's the first Tuesday after the first Monday of the of the month. >> August 4th would be >> August 4th. >> Would be the first meeting after August 4th? >> Uh that would be, I believe, the 18th. 18th?

25
00:08:23.520 --> 00:08:47.640
Or we can roll you into September. >> Pardon us for what >> No, no, it was fine. Take your time. >> August 18th. All right, we'll lock it in if that's all right. >> Yeah, hopefully we'll have enough members then and yeah, it should be fine. Anything else?

26
00:08:47.640 --> 00:09:02.600
>> Thank you so much. >> Okay. Have a great one. >> Later this summer. >> Okay. >> Enjoy your vacations. >> Yeah, and a 250th. Um all right, the next item on the agenda is an ordinance referral. This is an ordinance referral from the

27
00:09:02.600 --> 00:09:18.560
Township Committee on ordinance number 2599, an ordinance to the Township of Bernards, County of Somerset, State of New Jersey, amending, revising, and supplementing the code of the Township of Bernards, Chapter 21, Land Development regarding uses permitted in

28
00:09:18.560 --> 00:09:34.800
the E1, E2, E3, E4, and E5 office zones. I would like to have Ms. Fahey come up and if you could give us a brief overview you have distributed a memo to us dated June 12th, 2026.

29
00:09:34.800 --> 00:09:49.800
Uh a master plan consistency review of this ordinance. We also have received the ordinance that was sent to us the suggested drafted ordinance by the planning board. Um, the changes um I would just like to note for the record

30
00:09:49.800 --> 00:10:09.240
that Mr. Crane is back for uh this application. I mean this ordinance review. Correct, Mr. Crane? Mr. Crane? >> Yes. >> You're back for this ordinance review, correct? Thank you. >> Correct. >> Thank you. Okay. >> Okay. So,

31
00:10:09.240 --> 00:10:26.240
um I hope that you all had a chance to review the memo and I apologize for sending an incorrect memo at the beginning of the day last whatever that was, Thursday or Friday. Um but I'm I can make this pretty short and

32
00:10:26.240 --> 00:10:42.920
sweet. Um the memo as you explained >> back. Maybe move it a little further away from you. >> Okay. >> Think so. Yeah. >> Uh okay. So, it's sort of threefold. Um as you said, it uh

33
00:10:42.920 --> 00:10:59.400
amends the definitions section of your zoning code to add a definition pertaining to data centers as well as uh critical IT load. The second part of the ordinance um

34
00:10:59.400 --> 00:11:15.720
amends the sections pertaining to what's prohibited within all zones within the uh within the township. And then the third portion um removes the words data processing

35
00:11:15.720 --> 00:11:32.720
centers from your listed permitted uses within all of the office districts specifically because currently what your zoning ordinance says is that data processing centers are a permitted use in the E1, E2, E3, and so on.

36
00:11:32.720 --> 00:11:50.000
Um I listed within the memo, um after reviewing the 2023 master plan, I want to say eight different goals uh pertaining to land use within the township that

37
00:11:50.000 --> 00:12:05.840
Sit at that, Mike. Cuz this Does everyone Yeah. >> Yeah. Would you mind sitting Yes. >> This was fine, actually, yeah, earlier. >> Sorry, it's just important to get this record straight, and I want >> [laughter] >> Why sitting at this mic? >> but Let's see.

38
00:12:05.840 --> 00:12:26.000
>> Um >> Take a Take a load off your feet. >> Okay. So, um >> Much better. >> After After listing the memo or sorry, the uh the goals that are specific to um what I felt was relevant to prohibiting

39
00:12:26.000 --> 00:12:42.920
this particular kind of use, I also went through the um objectives within the land use plan, and listed those for you as well. There's four, specifically, and um also four specific

40
00:12:42.920 --> 00:12:59.200
objectives with regard to conservation and environmental resources, as data centers, as we all know, within the news, um are peaking the interest um with regard to the environmental impacts um that they

41
00:12:59.200 --> 00:13:14.120
may or may not bring with them. So, um in my professional opinion, after finding a lot of goals and objectives that align with prohibition, and

42
00:13:14.120 --> 00:13:31.440
finding no mention whatsoever of a preference for data centers um or data processing centers within the master plan, I believe that this ordinance is not inconsistent with the master plan, but in fact consistent with your master

43
00:13:31.440 --> 00:13:47.680
plan. >> Um from your memo, it was the um natural resources, environmental You mentioned the electric grid and water use as well. >> Right. And the the township's wishes to

44
00:13:47.680 --> 00:14:09.560
keep at um a specific capacity and to not go over. Um and that that's pretty clear. >> Yeah, go ahead. I heard a little Well, so we have three options: consistent, not inconsistent, inconsistent, right? >> Um the way that I always explain it to

45
00:14:09.560 --> 00:14:24.760
the boards that I go before is the way that it's written within the MLUL and it is specifically not inconsistent. You can't say that it is consistent with You can go above and beyond that, but the the the requirement is to state

46
00:14:24.760 --> 00:14:45.000
whether or not it is inconsistent. >> Okay. Do we have another question? I know that our attorney mentioned on the definitions. Would you like to >> Uh I just There There's one recommendation I would make about modifying

47
00:14:45.000 --> 00:15:00.280
the ordinance and it's nothing substantive. I just it um part one amends section 21-3.1 to add a definition Well, definitions for critical IT electrical load and data centers.

48
00:15:00.280 --> 00:15:20.200
Then part two amends section 21 -10.3 to add a subsection A2 prohibiting data centers, but that the rest of that paragraph is essentially a repeat of the new definition of data centers. And then sub

49
00:15:20.200 --> 00:15:34.280
A3 is sort of an ex-carve out from that definition. >> A3. Yeah. >> What data centers does not include I always believe that that you don't want to cover the same subject matter

50
00:15:34.280 --> 00:15:51.880
twice because at best you're consistent. >> Your suggestion would be >> to move all the definitional provisions into the definition section. >> So move section two and three. >> Well, the the the two after the words

51
00:15:51.880 --> 00:16:08.240
data centers because that that's the operative thing. And then so so the rest of two and three to the extent you want to generally exclude all those things from the definition of data center should all be in 21-3.1.

52
00:16:09.040 --> 00:16:23.760
>> Yeah, I agree. >> Yeah, me too. >> So um I I don't disagree, but I just want to make sure that I'm clear. Is any of the language after data centers period in section two necessary

53
00:16:23.760 --> 00:16:39.839
given that it >> If it if it's if it's already defined as those things >> just list data centers and then >> data centers. >> Okay. So and then I'll move the rest of the data data centers shall not include up to the >> Up to the definition section. That would

54
00:16:39.839 --> 00:17:12.560
be my recommendation. >> The only part that isn't mentioned in the first part of the definition is that sentence that says this limitation shall not apply to hospitals, public safety facilities, or public utility infrastructure otherwise permitted by this chapter which I feel is important.

55
00:17:12.560 --> 00:17:29.400
And so we could move that up to the front. >> Okay. think >> sense to move that up to the to the front and then also move >> Shall not include. >> Shall not include. >> Yeah. >> Everything from shall not include onward, right? >> Okay. I think we're all on the same page. Does anyone else have a comment? I

56
00:17:29.400 --> 00:17:50.120
know Mr. Crane had something that he wanted to ask. Mr. Crane. >> Yes, but it's more of a comment about the ordinance, not so much a question. If anyone else done their questions, I'll make my >> Okay, let me just make sure everyone's done with their questions.

57
00:17:51.080 --> 00:18:07.680
Everyone done with their questions? Okay, the floor is yours, Mr. Crane. >> Yes, I just want to start off that I think this is a well-written ordinance with a lot of thought to what it maintains our office building uses

58
00:18:07.680 --> 00:18:23.800
for data processing which was so it doesn't become a non-compliant use. So the song say it need standards of a 10,000 or 20%. Um the

59
00:18:23.800 --> 00:18:39.080
I think we've have a history of passing through each generation residents are unfamiliar with. The office building is going up over 70s. There was always a concern how it would impact the community. I think we've done a good

60
00:18:39.080 --> 00:18:54.760
job of putting by the interstate and having large setbacks. Um and minimizing the residential surrounding it. So I think I think our history of having impact on residential

61
00:18:54.760 --> 00:19:10.280
is stays in the place here. It allows the existing use to stay in existing use. It eliminates high impact use for the future. Um The one thing that most people think of data centers is the amount of water and

62
00:19:10.280 --> 00:19:25.800
electricity going into it. They don't realize on evaporation towers uh if you had a 200,000 square office building, you'd be generating 100,000 gallons going into the sewer. Cuz it doesn't all evaporate through the

63
00:19:25.800 --> 00:19:42.880
cooling tower. Um there's uh the master plan talks about the utility service plan about how close we are at capacity with our sewer plant, Harrison sewer plant. Um the uh this is this is critical that we

64
00:19:42.880 --> 00:19:58.080
don't exceed our capacity. And by keeping the office building uh capacity the same, which it would be, we wouldn't have an impact on the sewer plant. It also water that goes from evaporation

65
00:19:58.080 --> 00:20:15.000
towers also has to be processed. There's extra electric cost and could add to the flooding to the streams. So, I just want to emphasize this is not the utilities going in, it's also the utilities going in that has the environmental impact. >> Going out, you mean.

66
00:20:15.000 --> 00:20:29.840
>> Going out, yes. So, I don't everybody understood me or has any questions, but that that's my two cents. >> No, that's well stated, Mr. Crane. You're also on the sewerage authority, correct? >> Yes, but I'm vice chair, but I'm only speaking as a resident.

67
00:20:29.840 --> 00:20:46.800
>> Okay, as a resident. All right. Um yeah, I think she does cover a lot of this um Ms. Fahey in her memo in terms of generally the environmental impacts and limitations um and the minimizing the impact of development on

68
00:20:46.800 --> 00:21:05.520
the everyday environment, but you made it more specific, so thank you. Anyone have any other questions or comments? >> My only comment I'll make is just thank you to Ms. Fahey for giving a very thorough and effective memo. I think lays out all the the risks

69
00:21:06.880 --> 00:21:27.400
with data centers. >> Yes, you did a nice job going through our master plan and getting real very familiar with it. And having worked on it myself when we we did a re-examination, I was very impressed that you our master plan.

70
00:21:27.400 --> 00:21:45.840
All right, so with that, I will entertain a motion I would say motion to deem it as not inconsistent. Unless you'd like to go a step further, Ms. Manduke? Okay, not inconsistent with our master

71
00:21:45.840 --> 00:22:02.000
plan, um and uh to make the just make the suggested edits um available to the Township for the definitional section um that we noted.

72
00:22:02.000 --> 00:22:18.200
Thank you, Ms. Bannon. >> Second. >> Seconded by Mr. Shafer. May I have Are there any other comments before we do a roll call? May I have a roll call, Ms. Slayman? >> Ms. Bannon? >> Yes. >> Mr. Crane? >> Mr. Crane? >> Yes.

73
00:22:18.200 --> 00:22:33.960
>> Ms. Manduke? >> Yes. >> Mr. Shafer? >> Yes. >> Mr. Seville? >> Yes. >> Ms. Smith? >> Yes. >> Mr. Subervi? >> Yes. >> Mr. Tompkins? >> Yes. >> Chairwoman Ms. Angelo? >> Yes. >> Very good. Um so the ordinance will go

74
00:22:33.960 --> 00:22:51.560
back to the Township committee as deemed not inconsistent and with our suggested revisions in the definitional section. Now, I will entertain any comments from members. None? Mr. Crane, do you have any comments?

75
00:22:54.200 --> 00:23:13.600
Any comments from staff? No, okay, I will entertain a motion to adjourn. Mr. Agarwal has the motion and second? >> Second. >> All in favor? >> Aye. >> Aye. >> Opposed?

76
00:23:13.600 --> 00:23:16.360
That does it.