WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=SXwC7p0eXrA

NOTE
MEETING SECTIONS:

Part 1 (Video ID: SXwC7p0eXrA):
- 00:14:15: Call to Order, Flag Salute, Meeting Law Compliance
- 00:15:53: Roll Call, Resolution 26-07, Excusing Absent Members
- 00:17:26: Public Hearing: Introduction of 131 Marstown Road Project
- 00:22:52: Affordable Housing Conflict and Payment in Lieu Options
- 00:26:25: Legal Counsel Clarifications: Stipulations and Board Determinations
- 00:28:15: Witness Identification, Review Letters, Jurisdictional Matters
- 00:32:22: Engineer Joshua Weary: Site Conditions and A1 Exhibit
- 00:38:18: A2 Overall Site Plan, Variance Request Overview
- 00:49:51: Reviewing Floor Area Ratio, Bulk, and Steep Slope Variances
- 00:54:56: Discussion of Variances: Multiple Buildings, Setbacks, and More
- 00:58:24: Design Waivers, Loading Spaces, and Light Spacing
- 00:59:18: Board Member Joins, Dimming Lights, and Filling Office Space
- 01:09:27: Fire Chief Letter Review, HOA Enforcement of Fire Lanes
- 01:17:04: Enforcement, Reviewing Engineering & Planning Commission Letters
- 01:28:19: Landscaping Sprinklers, Water Use, D Permits, Grandfathering Clause
- 01:33:15: Planning Commission Review Letter, Item 54, and Future Rainfall
- 01:37:53: Master Plan Recommendations, and Traffic Light Discussions
- 01:40:10: Signage and Glare, Dog Park Noise, and Garbage Disposal Concerns
- 01:47:39: Discussion of Technical Questions regarding Water Runoff
- 02:00:37: Outside Agency Approvals & Environmental Commission's Review Letter
- 02:16:19: Soil, Cleaning Basins, & Stormwater Upgrades, 100-year Flood
- 02:30:44: Public Comment: Dave Rule- Support, With Conditions
- 02:35:05: Public Comment: Stacy Molinari- Sloping, Water & Power Connections
- 02:40:09: Public Comment: John Crane- Storm Design & C1 Stream Impact
- 02:52:38: Public Comment: Stephen Edelstein- Guest Parking EV, Valving
- 02:54:06: Public Comment: Rose Salaki- Wetlands, Letter of Application
- 02:55:40: Public Comment: Keith Molinari-Landscaping Impact & Payments
- 02:57:31: Public Comment: Tom Kari-Drainage Basins Direction Impact
- 03:00:27: Discussion about Architect & Meeting Scheduling
- 03:08:18: Set Carried Date of July 16th, Time to Act through July
- 03:09:53: Board Member & Staff Comments, Motion to Adjourn


Part: 1

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evening. We are going to call to order uh this evening zoning board of adjustments um special meeting and um the first the first item on the agenda is the flag salute. Would you please stand?

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of the United States. One nation under God, indivisible, >> all. >> In accordance with the requirements of the open public meetings law, notice of this meeting of the board of adjustment of the township of Bernards was posted

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on the bulletin board in the reception hall of the municipal building, Collier Lane, Basking Ridge, New Jersey. was mount mailed to the Bernardsville News, Whippony, New Jersey, the Courier News, Bridgewater, New Jersey, and was filed with the township clerk all on January

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8th, 2026, and was mailed electronically to all those people who have requested individual notice. The following procedure has been adopted by the Bernard Township Zoning Board of Adjustment. There will be no new cases heard after 10 pm and no new testimony

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heard after 10:30 p.m. >> Chairwoman Bowman >> here. >> Miss Herrera >> here. >> Mr. Leazinski >> here. >> Miss Pear >> here. >> Miss Silver >> here. >> Miss Trap >> here. >> Mr. Warner >> here. >> Mr. Quinn >> here. >> Mr. Schly

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>> here. >> Miss Fenner >> here. >> And for the record, Miss Layman is present. Madam Chair, you have a quorum and may proceed. >> Thank you. Um, we have a resolution 26-07, the award of a change order, uh, change

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order number one for the 2026 professional services contract for the zoning board of adjustment attorney. Uh, do I have a motion to um grant adopt the resolution? >> Motion to adopt the resolution. >> Thank you, Miss Cocktar and Mr.

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Lazinski. Miss Herrera, >> yes. Mr. Leazinski, >> yes. >> Miss Pakar, >> yes. >> Miss Silver, >> yes. >> Miss Trap, >> yes. >> Chairwoman Bowman, >> yes. >> Madam Chair, if you could just Madam Chair, if you could just go back a

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second. There's two absent members. We need to excuse them. >> Yes, absolutely. Um, do you have a motion to excuse the absence of um, Mr. Krauss and uh, Mr. Lindamman? Motion to excuse Mr. Krauss and Mr. Lindamman. >> Thank you, Miss Silver. I'll second. And

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Miss Trap. Thank you. >> All in favor? >> I >> I >> I. Uh, next on the agenda is the public hearing for 131 Marstown Road, block 801, lot 2,31 Marstown Road for

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preliminary and final site plan, bulk variances, Dvariances for use and F. They are ZB25-04. >> Thank you. Good evening. For the record, I'm Donna Jennings from the law firm of Wend Goldman and Spitzer. On behalf of the applicant, as the board chairwoman

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correctly indicated, the applicant is here this evening seeking preliminary and final major site plan approval, a D1 use variance, a D4 floor area ratio variance, several bulk variances and design waiverss to remove two existing office buildings, and related

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infrastructure to construct 119 high-end luxury active adult town houses for ages 55 and older with related enemies on approximately 32.47 47 acres located at 131 Morristown Road and identified as block 801 lot 2 on the tax map. The

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property is located in the E5 zone where the proposed active adult town homes are not a permitted use. Therefore, the applicant is seeking the D1 variance to construct the development. The record will show that the applicant is entitled to use variance relief because both the positive and negative criteria would be

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satisfied. The positive criteria is satisfied since the proposed site is particularly suited for the proposed use because the surrounding areas are almost exclusively made up of residential uses and retail sales and service stores with convenience access convenient access to Route 202 and I287.

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And as you may all well know, the two office buildings are basically one's completely vacant and the other one has limited uh square footage. We will have somebody testify later with the uh applicant's uh attempts to try to get a new office tenant in there that has been unsuccessful. With respect to the

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negative criteria, the applicant must demonstrate that the variances can be granted without causing substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and the zoning ordinance. The record will reflect that the applicant satisfies a negative criteria because the site will be able

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to operate safely without substantial impacts to the surrounding properties. The proposed use will not generate impermissible traffic, noise, or other nuisances to the surrounding residences. The applicant does also require a D4 floor area ratio variance as a proposed ratio of 0.21 exceeds the maximum

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permitted 0.10 even though the site maintains a ratio of 0.16 as an existing nonconformity. Pursuant to the Randolph Town Center case, the positive criteria requires the applicant to show special reasons to grant the variance by demonstrating that the site will accommodate any problems

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related to floor area larger than the ordinance permit. The site accommodates the proposed floor area because the development satisfies a parking demand and provides safe circulation patterns for the proposed use. Second, the negative criteria requires the traditional two-prong test which the

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applicant satisfies because the site will be able to operate safely without substantial impact to the surrounding properties and the proposed use will generate less traffic and noise in the permitted office use. Further, while any bulk variances are subsumed within the grant of a D1 variance, the record will

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show that the applicant satisfied both the positive and negative criteria for the granting of same. Specifically, the applicant requires several bulk variances with respect to maximum law coverage, maximum disturbance of steep slopes and variances outlined in the planner's review letter. Uh we will have

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a planner testify with respect to the purpose of the municipal land use law that are advanced and we'll also demonstrate that the applicant satisfies the two-prong native criteria for the both variances as well. There are several design waiverss that the applicant seeks and both the site engineer and the planner will review

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those. Importantly, uh the board should know that the applicant's representative has met informally with some of the neighboring residents to address community concerns regarding the proposed development. The applicant is amanable to incorporating reasonable suggestions and feedback raised by the

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neighbors and will accept same as conditions of approval if the board were to grant same. More specifically, the neighbors have requested that the applicant do the following. They were unhappy with the look of the clubhouse design and asked the applicant to remove the brick brick and make it look more like the town houses which the applicant

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is willing to do. Uh they wanted us to with respect to buffers and noise and lighting. They wanted more landscaping especially coming into the entrance to the site and of course the applicants more than willing to uh work on the landscape design increasing the burming

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birming and more uh landscaping. uh with resp respect to parking. They would like to see that there's a parking plan that fully accommodates the residents and guests on site with clear restrictions and enforcement mechanisms to prevent overflow parking on the surrounding residential streets. They also requested

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some type of a construction management plan so that it would prohibit construction vehicles on the local side streets. Establishes defined construction hours reasonable for an area with young children. Identify staging areas. Provides consideration to term my residents for construction

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related dust and debris in the form of periodic power washing, car washes or reimbursement. Provides a dedicated responsive point of contact who can remediate community concerns. Finally, it was the applicant's intent that the proposed active adult town home

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development will be a forale market rate town home community with no on-site affordable housing set aside. However, we were advised this morning by email that there was an perhaps an incorrect interpretation of the township ordinance and we were advised that the applicant

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may not be able to make the development fee in lie of construction. In looking at the ordinance, it does appear that there seems to be a conflict wherein a 6% development fee is permitted in residential zones, but in nonresidential zones, an increase in

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density triggers a 20% set aside. However, the applicant here had originally offered this site as part of the township's fourth round plan and it was rejected because the township said they could satisfy their fourth round affordable housing obligation without this site. And in fact, as of yesterday,

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April 15, 2026, the township attorney and fair share housing center entered into a consent order regarding the township's affordable housing action where the township's fourth round housing element fair share plan is deemed to satisfy their fourth round affordable housing obligation. As outlined therein, the township

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identifies the very specific sites that they're going to use to meet that obligation. And this one is not one of the sites included. And in effect, the town will have a surplus of 11.5 affordable housing credits for your fourth round. Accordingly, it's the

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applicant's position that because the township has satisfied its obligation, it has the option to accept the development fee in lie of construction affordable housing units beyond its obligation. As the affordable housing law does not require municipality to provide more than their fair share, you

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simply have to provide your fair share. And apparently the township has done that and fair share housing has agreed with them and there is a settlement agreement and a consent order filed with the law division in the county. So therefore the applicant seeks to provide a payment in lie of constructing the on-site affordable housing in the amount

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of approximately $10 million because the home is based on the value of the 119 homes times the 6% is roughly $10 million. That money then could be used consistent with your ordinance to help assist other people that actually live in the town already who may need help

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improving their roof or siding or whatnot. So that there's a whole outline in your ordinance as how that money is used. So that would go into your affordable housing trust fund and it would be allocated appropriately according to your ordinance. But again, we we leave that up to you. The applicant will either do the 20% set

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aside or we'll do the payment in lie and we'll leave that decision to you. So, we say you'll either do the 20% set aside, meaning on-site construction 20%. >> Correct. Do the 20% on >> or the payment in low >> or the payment and low. I believe that because you do meet the fourth round affordable housing, it is not required.

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Um, so therefore you would do the payment in low because you still would be entitled to something for the affordable housing >> without belaboring that point and without addressing it in a premature fashion will be looked into from a legal

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perspective uh ongoing. Uh it's a mandatory set aside ordinance as I understand it. It may or may not still be required. Uh it's on the books. Uh uh uh fourth round plans include look backs for third round and prior rounds.

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Uh so before anybody makes any determination on any potential set aside or payment in lie pay right now are as I understand it not necessarily permitted for the fourth

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round. So but uh in any event before any determinations made that's all based on if there's an approval what the you know what the terms would be. I want to back us up one moment before we start going forward. Uh and and and that is

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this um that's a determinate the what the options are for the board and for the applicant in the event of an approval will be determined prior to the time this board is required to make a determination.

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And if there's an approval Um also with respect to the residents uh test desires visa v stipulated conditions um and of course as council knows and me public and and as the board knows when we attorneys speak um I'll

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try not to make any jokes at least for the time being those of you know me I'm probably going to fail but but uh when we attorneys speak it's not evidence uh we make representations um profers um the witnesses will provide the

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evidence. Um but uh uh with respect to what may be potential stipulations in the event of a potential approval uh uh what I would like uh is to have those in writing uh uh for the board's consideration at the appropriate time.

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Um and again just to be very clear not binding on the board in any way, shape or form. board does not make any preliminary determinations or decides once at the end and that's it. uh the the um after hearing from

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everyone uh due process confrontation clause right abide by by the state and federal constit the the um so uh that said uh that's the long attorney's version for TBD to be

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determined. >> Thank you. Um, I would also just like to indicate for the record that we are going to call and rely on six witnesses. Josh Weary, our site engineer. >> I'm sorry, who's the site engineer? >> Josh Weary. Rob Larson is our architect.

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Connor Hughes is traffic. John Tini is planner. And Jordan Soil, real estate broker. And Mike Py is our consultant for operations on the condominium association. because there was questions and I know that was a completeness item and we figured there might be some additional questions with how does the condominium association work. So we have

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him in the audience as well. As a matter of recordkeeping, we are in receipt of the following review letters. The board traffic engineers review letter dated March 17, 2026. The board environmental commission review letter dated March 23rd, 2026. The board planners review letter dated April 14th, 2026. The fire

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official review letter dated April 14, 2026. and the board engineer review letter dated April 14, 2026. So with that, we'd like to begin and call our first witness. >> Pardon me. Isn't there a second >> second fire came?

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>> Oh, we didn't get it. >> Day the other day being today. >> Yeah. So it didn't make it our way. So if you do you have an extra copy, >> what's the date of that? Just for the record today. Okay. offer uh uh discussions that took place.

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And it's relatively short Before we proceed with witnesses or jurisdictional including including our board members we have new mics. The newer they get tougher they are to work. The um can you

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hear me? Okay. Beautiful. I'll try to try to keep it nearby. Don't want you to miss any of the good jokes. The the uh most of the rest of them um okay the for jurisdictional purposes we have uh I did have an

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opportunity to review the notice found the content to be sufficient found it to be timely served uh and published uh served by certified mail on March 27th published on March 26. both at least 10 days actually many more than 10 days

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prior to this evening uh April 6 my opinion and without hearing from anybody to the contrary uh the board has jurisdiction to hear the application um we have the six witnesses or at least some of them here or all six >> they're all here we're very uh anxious

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to get right through it >> there we go there we go you know I'm going to I'm going to delay them a little bit they're going to have to put up with it and uh we have the I'm sitting up here. They the the they the we have our board professionals as well who I'll swear in, but I'll do it all at once to help move us quickly. So, if

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everybody who will be testifying will stand and raise your right hand, do all of you swear to God or affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth. Thank you all. I think we got more than eight or nine there.

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It's a mass swearing. It counts. Uh, back to you, Madam Chair. >> Uh, thank you. Can I also just say I'm going to ask everybody to do your best to speak into the microphone. Um, and for the members of the board, if you have papers and things to open up, um, please be mindful of the microphones.

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Uh, we're getting some notification that on the recordings we're getting some pen clicking and papers wrestling. So, let's just be a little bit mindful for the public. um with that >> second microphone because we >> I don't just do your best >> talk really loud.

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>> That'd be great. >> So, can you tell us who you have here with you at the moment? >> Sure. Good evening everyone. My name is Joshua Weary, last name Wir R Y. >> And if you could for the benefit of the board, please give your background and qualifications. >> Sure, no problem. So, I'm a licensed professional engineer in the state of

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New Jersey. I graduated from New Jersey Institute of Technology with a bachelor's of science and civil engineering. I'm a principal at Dynamic Engineering located in Chester, New Jersey. Testified before various boards throughout New Jersey. Have over 10 years of design experience in the plan.

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>> License is valid today. >> That's correct. Yes. >> Would the board accept his qualifications? >> Yes, we will. Thank you. >> Thank you very much. >> If you could could you uh walk us through the existing site conditions and if you're going to rely on any exhibits, would you please mark them into evidence? >> Sure. So, I'd like to start off by describing the site and the area around

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the site. And with that, we'll bring up our first exhibit tonight. It's entitled aerial plan exhibit which I also have handouts. I know we can also >> great All right. So, for the record, we'll mark this one A1. It's dated with

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today's date, April 16th, 2026, at a scale of 1 in equals 100 ft and north is to the top right corner of the page. So, this is an aerial image of the surrounding properties with the site outlined in yellow. The site is located

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at 131 Morristown Road, also known as Route 202 and Basking Ridge, further identified as block 801 lot 2. It contains approximately 32.47 acres, including natural wooded features containing approximately 8.59

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acres of wetlands. limits of the proposed uh disturbance is outlined and overlaid in red on the plan version that we had printed out for the board. Um the limits of the proposed disturbance is outlined in red. Um, and

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as you can see, the proposed development will not disturb any of the wetlands or the wooded areas that surround the property. Site is located within the E5 or the office zone, which extends along this side of Morristown Road to the northeast. And the property is currently

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developed with two multi-story office buildings uh with related infrastructure and paved parking areas uh which will be removed under proposed conditions. >> Can I stop you just for a second? Are we looking at the same thing that you just handed out? Just the one that you printed for us has the limit of

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disturbance outline. >> Same picture, same exhibit. >> Correct. Yes. The only change is the one that we handed out. There was a red line. That's the proposed limits of disturbance which follows the natural um existing disturbance that's there today.

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So as for >> sorry the the um >> same but this just has the limit of disturbance outline. So do you want them as A1 and A2? Well, we we could have A1A

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and A1B. I forget uh A1A being >> one that we handed out >> and A1B being the he doesn't have the red line limit of disturbance andor will continue.

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>> Thank you very much. So, as for our surrounding uses, um to the north we have Morristown Road with residential uses within the R4 zone. Beyond that, adjacent to the property we have a two-story office building within the E5 office zone. To the east, have

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Route 287 with medical office and um office buildings within the E1 office zone. Beyond that, to the south, we have residential uses within the R4 zone beyond. And then to the west, uh, directly adjacent to the property, we

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have residential uses within the R six zone as well as a restaurant the board may be familiar with with known as toz. >> Summary of our existing conditions. >> Okay. And then if you can go into what is the applicant proposes, the changes to the plan. >> Sure. So if okay with the board, I'd

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like to move on to our second exhibit tonight. >> Third exhibit. >> A2. >> A2. Okay. So, this exhibit, the next one is entitled overall site plan rendering.

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>> We also have handouts as well if the board uh would prefer that. >> Yes, please. All right. Again, the exhibit as dated with today's date, April 16th, 2026. This time at a scale of 1 in equals 80 ft. And north is to the top right corner of

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the page. Um, we could use this one. The only difference Apologize for the confusion there. So this exhibit is entitled aerial overlay again dated with today's date April 16th

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2026 at a scale of 1 inch equals 100 ft and again north is to the upright corner of the page. So, the applicant is seeking preliminary and final major site plan approval with a D1 use variance, bolt variances, and

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design waiverss to construct two-story 119 unit active adult town home development within 43 buildings and amenities, including 6,000 square feet of a clubhouse, pool, and a spa, pickle ball court, and a dog park.

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clarify active adult town homes are not um permitted within the E5 office zone and so the board is aware um one of the office buildings is completely vacant time um and the other building which is comprised of approximately 60,000 square

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feet of usable tenant space only has approximately 20,000 square feet of space uh currently occupied by one single tenant. However, that remaining tenant intends to vacate the premises soon, which will unfortunately will leave both of the

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office buildings completely vacant. Um, the applicant has been diligently pursuing prospective tenants to fill those vacant uh spaces. But unfortunately, um, these efforts have been unsuccessful at this time and at this point, the property has essentially become economically unviable.

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I'm moving back to the the site and circulation of the property. The existing boulevard style or divided entrance and exit along Morristown Road will remain under proposed conditions. As you enter the site, we're proposing a

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one-story clubhouse with several other amenities including a pool, fire pit, outdoor seating, botchi court, putting green, pickle ball court, and a dog run located in close proximity to each other. We're also proposing four two-way

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circulation streets throughout the development. Those are indicated as Shiloh Way, Aiden Police, Jonathan Police, and Bella Place. As indicated, our office also prepared a firet truck circulation plan indicating that a truck

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can adequately maneuver throughout the site and the total number of parking spaces complies with RSIS requirements whereas 286 spaces are required and 479 spaces are proposed which includes the

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twocar garages as well as the associated driveways as well as 63 surface ES. We are also providing three ADA parking spaces which is based on the number of the proposed visitor spaces and as requested by the the engineer we can

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agree to provide an additional ADA space adjacent to the clubhouse to ensure ADA accessibility into that building. We believe uh we are proposing high quality amenities to enhance both the community life and resident experience at the development. So, at the center of

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the amenities, we have a clubhouse at approximately 6,000 square feet. Our our uh architect tonight will discuss a breakdown of the internal amenities within the building later tonight. And adjacent to the clubhouse, residents will have access to the proposed pool as

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well as the spa. And additional recreational features include a pickleball court as well as a dog run, both situated in the northern corner of the property. and behind the existing wooded area to maintain privacy as well

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as maintain that natural. Overall site design incorporates a series of sidewalks as well as benches providing pedestrian circulation and opportunities for passive recreation throughout the development as well. The proposed development will

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significantly reduce the pvious coverage by 2.96 acres, which is approximately 128,000 square ft. This reduction allows for a substantial increase in on-site landscaping as well as green space

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throughout the project, which we believe benefit. As such, extensive landscaping is proposed throughout the development that includes a mix of she mental as well as evergreen trees proposed along the streets buildings for both privacy and

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visual interest. Um also includes additional plantings within the buffer areas surrounding the the development for enhanced screening as requested by the neighboring residences. The applicant agrees to provide additional buffering along those areas as well.

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So overall 709 total trees are time but that number will increase with the additional offering. At the request of the Tancha professionals, the applicant has also agreed to increase minimum proposed tree caliber size to 3 in.

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Design also includes a mix of evergreen and deciduous shrubs located around the clubhouse as well as along buffer areas as well. And overall 1,74 total shrubs are proposed. We're also providing brand new LED light

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fixtures throughout the development. They'll be mounted at 12 foot heights uh along the proposed streets which complies with the township code. The township does have light intensity requirements. There's a maximum average light intensity along roadways. 0.4 foot

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candles is permitted. 0.65 foot candles is proposed. So, we're slightly over maximum average light intensity for sidewalks whereas 0.2 foot candles Four foot candles again. Sorry, the second

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one was 0.2 foot candles are permitted and we're proposing 0.3 slightly over uh the permitted there. Although the proposed levels exceed these limits, um they fall within the typical industries

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elements which are generally That was correct. That was actually mentioned in the engineering letter. Our plans indicated the maximum foot candle, not the average maximum, which was then page. maximum as opposed to average.

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>> That is correct. Yes. Wanted to uh point out that the design ensures that lighting remains fully contained within the site and we're proposing zero foot candles along all property lines so that no light spillages. Overall, we believe the design provides

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um adequate sight lighting for safety while minimizing offsite glare. Our proposing one monument sign. We are proposing one monument sign. It's uh proposed within the existing curve island at the main entrance drive. So 30

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square foot sign is proposed as permitted. Um but as requested by the township professionals the applicant agrees to reduce sign height from 10 feet down to six feet modify that as requested. We're also providing a

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compliant sign setback um at 29 ft or so this proposed project is classified as a major development and will comply with both township and NJD requirements. The existing site drains to multiple

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detention basins site the network of inlet pipes within the val as well as the landscape areas and these drainage patterns will be maintained conditions and overall impervious

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coverage is reduced by approximately 2.9 and motor vehicle related coverage by 5.88. conditions which will improve water quantity, water quality and groundwater recharge as compared to

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wanted to note that our application to the NGDP was deemed complete. They're also currently reviewing our design to ensure as for refues and trash pickup. Solid waste generated by the dwellings as well

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as the clubhouse will be picked up and private contractor as requested by the the traffic engineer. Our office also ran a truck circulation p garbage truck circulation indicating that the truck can't adequately maneuver throughout the

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that a separate submission or is it the same as what's on the site plans now? >> Same that's on the site plans now. We actually received um the traffic memo before we had resubmitted. Tried to incorporate as many comments as we could in that section.

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So for this uh new development, we're also proposing brand new utilities to the site that includes a water man loop around the property as requested by the township professionals. We're also going to be providing a second water main connection within road due to the drop

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in topography down to the rear of the property. Uh four pumps also proposed pump flow back up towards road and then finally underground gas as well as electric That concludes my direct testimony. We

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can certainly run through some variances or waiverss questions the board may have. >> I think you should run through the varian problem. And I'm sorry to but if remember to use the mics and you're since you're sharing one uh please try

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to get it as as as I am try to get it as close as possible. All right. Starting with the uh floor area ratio variance. Um there's a maximum permitted F of 0.1 whereas 0.16

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is fisting conditions and 0.21 is proposed. Run through the bulk variances. There's a maximum lot coverage whereas 25% is permitted 40.12%

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existing and 31.02% is still technically a violation but we're reducing it. Next we'll move on to the maximum disturbance of slopes 20%.

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20% is permitted whereas 59.64% wanted to know that you know stated we are not disturbing within the natural areas around the property. We're only disturbing within the previously disturbed areas of the site. So those existing steep slopes on the property

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are from the prior development from the office spaces. You're opining that all the slopes are that are being disturbed are man-made or most of them what specifically are you opining? A majority of them will be man-made. >> I apologize for asking out of order,

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Madam Chair. I didn't ask permission. >> Quite all right. Um, you're saying a majority. So, how how much or how how can we tell what's natural, what's man-made.

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likely a few areas around the perimeter where we're tying into existing grids. Technically, some steep slopes currently in that area are tying into existing grade. Based on the plan that we prepared, a majority of those steep slopes are around the existing office

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space. >> And when you say that they were man-made, they were made in order to >> the office space. So they built the site up higher to construct the office space. Now the area from the rear the parking

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lot to 287 looks like it's that's that slopes down pretty steeply. >> There is there is a significant slope across the site. There's about 10 to 15 ft of great hopes down towards 287

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>> rear of the existing parking lot down to 287. >> And are there wetlands down there as well? Because I saw cattails. So the next is very similar disturbance in areas with slopes greater than 25% non-permitted.

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Um, and we do have disturbance of slopes. There are some review comments on how the slopes were mapped. That could change in the numbers you just provided and lessen. >> Correct. So we did more of a

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conservative design. We have one foot contours. So we have a very detailed analysis of where those steep slopes are on the plan. So if we were to revise the plan to show 10 foot contours, some of that steep slope disturbance

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relative to to the contours of the property. So I believe that our design that we have right now the most conservative um limits. the the I take it the well I don't want to take any you you'll let know is the

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applicant going to uh do a 10 10 foot contours and calculate the new steep slope disturbance there's going to be much uh less than what we're showing on the >> And can you repeat though like let's say

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that we were staying with what's in front of us now the 25% slopes are they also man-made >> in the slope between parking lot and >> that area is not being disturbed those lines at the back of the property. We're

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not touching that at all. So next um next variance is no lot in the B2 E1 E2 E3 E M1 zone which contains a residential use shall have more than one principal building. Um obviously we're proposing

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property. So technically next uh variance is regarding the minimum front yard. So require when you look at 287 as a front yard technically it requires a 175 foot

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setback where this the smallest proposed setback we have is 107.8 ft. One of our buildings at the rear of the site. We originally um designed the property to assume that that was a rear because our

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buildings are not facing 287. We don't have access 287. Technically per the code, you can say that this is technically a through lot whereas you would have a front yard setback from 287 well as 202.

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However, we don't have any access to 287. Don't have any buildings up front to it. 175 ft is required. We're proposing 107.8. The next is regarding a maximum height of an accessory building. 20 ft is

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permitted. 32.4 for the clubhouse. Next uh is accessory structure shall now should not be located in the front yard. The proposed pickle ball court as well as the dog run are located along in the

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front yard along Morristown Road. However, they are situated behind the existing front of the buildings. Correct. So technically it requires the variance. However, you know we are maintaining that nice buffer along the front edge of

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the screen. Next is minimum distance between accessory structures. Minimum distance of 50 feet is required. Accessory structures. And then we have 12 ft between the pickle ball court and the dog run.

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Want to have our amenities, you know, centralized and close to each other. So requesting the variance for that distance. Next is regarding maximum fence height in the front yard where four four feet is permitted.

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Have a six foot high patio fence for privacy at the rear of the building. And these are all for the buildings facing route 2 properties. And then lastly, um fence construction in the front yard

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are required at least a 50% open fence and the patio privacy fences are not 50% open. They are supposed to be providing some privacy between the units. So are requesting a variance for that.

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I believe that wraps up all of the variances. Uh next are the design waiverss. Start with the minimum number of loading spaces for each building use. Technically the clubhouse required one loading space. However, we don't believe that the clubhouse will have, you know,

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many deliveries. It would be very infrequent. They could simply use the parking spaces as location. >> Are mail deliveries all going directly to the homes? >> Does the clubhouse have a restaurant in it or is it just a a gathering place?

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>> No restaurant. >> Restaurant. No. No commercial kitchen. >> Um I believe the architect in that. Okay. >> The next is regarding maximum spacing of lights uh standards for other than walkway. >> Sorry to interrupt you, but uh we we did

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have a board member just joined us. Madam Chair, do you want to >> Yes. Can we just let the record reflect that Miss Dandrea joined us in its entirety this even not be voting later and the uh so uh to qualify herself to

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vote. That's how that works. Uh, no one will be voting unless they're in person uh qualified themselves to vote by reading the transcripts or viewing and listening to the tapes for the portions that they

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missed. Back to you, Madam Chair. We'll continue. The next is regarding maximum spacing of lights. Um, so we're permitted five times the mounting height or 6 feet separation between lights. We're proposing greater than 60 feet, but if you recall, we are slightly over

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on the light intensity requirements and moving lights closer together is just going to increase that light intensity. So, we'd rather keep it how it's proposed and we believe the lighting that's proposed adequate for the development. The next two also have to do with

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illumination. We previously noted the maximum average illumination roadways 0.4 Four foot candles is permitted and we as we mentioned 0.65 foot candles is proposed. Next maximum average elimination sidewalk areas in 0.2 foot

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candles permitted and 0.34 just over requirement. Next is maximum spacing of shade trees along private streets. 50 feet is permitted and we're proposing greater than 50 ft. We are proposing significant

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amount of trees. We can certainly look to comply with that separation as as much as possible. Um and then the last waiver is all buildings ex excluding single family dwellings shall have fire lanes in front of their public entrance

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at least ft wide with the road edge closest to the structure at least 20 ft from the structure. Um 24 foot wide remains are town homes. uh we believe that's sufficient and we also as noted ran fire truck circulation throughout

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the property to ensure that a fire truck can circulate conflicts throughout Madam Chair at home. >> I was just going to ask that if um you ran the circulation does that include the space that they need on either side

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of the truck for ladders, for gear, for hoses? >> We take into account any overhang or ladders that are that are on the truck as well. part of our circul >> and the space that they need to circulate the truck in order to complete their job. All of the town homes all 19. Correct.

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So 24 foot wide drives were closed everywhere throughout the site to the clubhouse or do you have a wider? It's 24 ft everywhere. because of the proposed parking, the on street parking.

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I guess technically there's no opposite curve in that area because we have a driveway exiting and entering the site. So technically, I guess we would be compliant. However, we wouldn't be complaining. not complain as 19. Correct. >> Madam Chair, can I just uh ask do we

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have extra copies of the um >> Yeah. >> Exhibits all the exhibits. >> Yeah. >> Okay. if we could just um run through the uh outside agency approvals, what's

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required and where we stand with that. >> Before you do that, can I may I ask a question? >> Um as far as the spacing of the lights is concerned. Um so we're over on the illumination.

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Um so the intensity is higher and you're justifying that the distance between them is acceptable. But what if we reduced the distance and lowered the intensity? So tell us how it would work for you or or why it doesn't work for you to conform.

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>> Guess we would have to use a different type of light fixture at it. The way that to move the lights closing a potential difference try to comply but it's currently designed.

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>> Okay. I just wanted to understand you know if is there a way to comply did you look at it um or why is this design better? >> Certainly looked at it. I mean the the maximum average of 04 and 0.2 personally

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I think that's going to be hard to to comply with. It's fairly low on the um certainly try again we are very close to complying um but I do think somewhat difficult to comply with those standards

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while still providing adequate safety. So you would need more light poles essentially. Essentially correct and that could potentially clutter the site. >> Chairwoman, try to put this in a little context because I've been doing this a

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long time. >> Dentally is five times the maximum pole height in the township. Back before we had the ability to run the patterns, thumb was whatever your pole was, five

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times that. So 60 ft, while it's on the books, it it's lost its relevance in today's lighting industry. So some perspective on that. >> Okay. Um thank you. >> If I may on that same on the lighting

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note, um the the uh temperature on that. I believe it's either 500 or 3,000 financial hards or shields downward lit dark sky compliance. Yes.

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To all of you. I believe we were talking about this at one of our last applications where the the light is actually recessed. Is that still the case? The light fixture has the the bulb that's recessed and then it reflects so that it's not there's no

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glare. It's keeping the glare. Is that still the case? >> That's correct. Yes. >> Old village site, I think the old coach or village style lanterns, they have a hat on top. Now the re those hairs are stuck up into the hat so you never really see them. I didn't know that till

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we were having the discussion. I reviewed it and saw that that's what they're doing. They're rendering their detail on a sheet shows up. >> Mr. Quinton, you've been doing this for a long time, but we still learn every day and every night, don't >> I'm not going to bring up the old dog analogy.

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>> Okay, >> good thing also with these LED light fixtures is a lot of them have the ability to provide dimmers on them. So if there ever and is there a plan for time of day? Will they be dimmed at night? Is there a

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is there a setting for the lights? >> Don't have one currently, but we certainly can put that into place. after hours they can be dimmed to the minimum required for safety something like that so that you know the site isn't overly lit at night um pretty

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level lighting so to speak >> yeah I think that's something we would like to to consider >> Madam Chair can I >> Madam Chair can I ask question okay great um Mr. You said in your preamble that you were

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having trouble uh or problems uh filling the office space since you purchased the area in 2023. Was that to show that the area that that there is no demand for office space in Basking Ridge?

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>> I would say at this site there's no demand and we'll have a different witness that's going to specifically speak to that. >> Okay. And Okay. I'll save >> our marketing efforts, what we tried to do to get an office tenant. >> I'll save my questions for him then. Thank you. >> Thank you so much. >> Okay.

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So, I'm also wondering would now be the right time to talk about the fire uh the fire letter because the um they did touch on the first letter that you did receive did touch on the fire lanes

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given the fire lanes that are created. Who will enforce this no parking so that there will always be enough width available for apparatus access? Sorry, Miss Bowman. Which which letter are you? >> This is the April 14th, 2026. Um fire uh

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chief's letter. >> Will you have signs that are for no parking? >> We have striping that says no parking, fire lane, and we also have signs spaced as well throughout the development. parking permitted in these areas.

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>> Okay. Is there any security that's provided for the development or is it >> No, it's not communities. >> We were going to get to the reports and make sure, but >> you wanted to address them now, we can. >> No, I'm fine. And we had just mentioned

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the um the the width of the aisle, so I figured I knew it the fire chief had had some questions, but I'm happy to let you continue going and we'll we'll get to it. What does the letter I'm not sure if the board has had a chance to review it, but

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they've revised their letter to essentially say fire letter, just to be clear. >> Correct. The fire letter, they wanted to issue a new letter of approval for this project with the understanding that all buildings in this development will have installed 13 R sprinkler systems, fire department connections for each

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building. In addition, the HOA will understand they must enforce the fire zone no parking to always enable apparatus access throughout the complex applicant would stipulate to both those things. >> Absolutely. Yes. >> Okay. And just for the record, that's the April 16

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uh uh fire department memo. Uh I don't know frankly to the extent one way, but will you uh permission? I think the intent was it was to supersede. He really wanted that 13 >> uh sprinkler system.

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>> I would imagine though that doesn't necessarily uh uh code widths secondary access. >> Well, I think he was mentioning that who he wants to know who will enforce this no parking which he also mentions in in

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this letter must enforce the no fire zone no parking. >> Right. There was another review letter that asked us to give title 39 to the town, which we would would obviously do. >> Is there a secondary emergency

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boulevard style um entrance? There's two not there isn't two driveways. There is divided driveway on the propert. >> Presumably the fire official on April 14 viewing the plan saw the island in

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between the egress in the front. Apparently didn't consider that to be a secondary emergency access. question was, "Will there be a other than the main entry off of

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Marshtown Road?" So, >> yeah, but I I think the traffic engineer can answer that because this has come up before in other applications that I've gone on. When you do the boulevard, it is considered under traffic analysis to be uh two access points. So, if one entrance is blocked, you have the other one to come in and that's how you

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satisfy the two entrances. But again, we're not the witnesses, right? Me and you. So my traffic engineer will address that. >> We can ask the fire official to clarify. I believe from speaking with him dated today

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clarify that. I believe tips the scales as far as the need. That said though, I am curious about like having another access. So whether it's for Mr. Weary or for your traffic engineer, um either or. But I'd like to know um

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what would be required to have another access on the site? How would it impact the site? How would it impact the development? >> So uh Morristown Road, you know, 202 is under the jurisdiction of the DOT. So, I think our traffic engineer would probably be better suited to

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>> Okay, that'd be great. >> That uh the fire official may be superseding uh but not the the the uh and it may still be relevant. Nevertheless, items three and four on the April 14th

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access. Can you just >> There there isn't an additional water man. There is one water man loop throughout the site with two water man connections along Morristown Road >> fire complex. >> That's correct. Yes.

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>> Per his memo. And then >> may I jump in? Have you had flow tests done yet to see if or that will happen after fire hydrants are established? You'll do the flow test to make sure you have enough pressure. >> That's correct. That's where that's where the 13R sprinklers comes in.

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>> Exactly. My client did meet with the fire official and that's what triggered the second letter. He was happy getting the 13R sprinkler system and that would address his comments. Without that, we had to do the other items that was in the original April 14th letter. So, it does supersede, but obviously talk with

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him and confirm for yourselves. But we did have a meeting with him and that triggered the next letter. >> Have you done the calculations though just to be sure that the 8 in is sufficient? >> Do some calculations to figure out because if it's not enough would you be

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willing to go to 10 in? >> Sure. Yeah, we can certainly look into that. Typically that would be done closer to construction with MEP engineer >> and I assume that's followed up within the township engineering to make sure that the pipes are sufficient.

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>> They actually need >> it's required here >> for the sanitary sewer. >> I know it well >> pipe in with this many connections as you probably know now. So, uh, the DP will also go through that to make sure. >> Okay. Yeah. >> Thank you.

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>> I I have a question and I'm not sure if it's for you, but how how would the HOA go about enforcing no parking in fire lanes? >> Well, we do have the um HOA representative who can talk to that

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would be the better witness. >> Thank you. Why don't we touch on the other review letters while we're talking about review letters? >> Sure. >> On to maybe the engineering review letter 14th 2026.

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Can you guys hear me better? Is that better? We want to go point by point. I mean, our office >> No, I would just talk about any ones that you don't agree with, you think need further clarification. Otherwise, we record that we're going to comply.

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>> There was nothing in this review letter that we had any issues with and you know, we will agree to comply with everything in this letter as well. >> We'll comply with everything uh listed Mr. Quinn's April 14, 2026 engineering

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memo which had 30 items and half a dozen or so pages the the the um but uh but uh perhaps Madam Chair

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comfortable and maybe he has questions. gonna ask if there was anything that you wanted to touch on. >> Maybe a couple things. The first item is that in order to give the board some idea of how impactful this development

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is relative to the office complex. I wanted them to compare directly. Your your project report seems to indicate you have an increase, but you seem to be dealing solely with the I wanted some measure to compare that so the board could have a sense for how impactful this may be on other resources.

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And then the only other uh topic of dis of discussion and you'll work this out with the DP too. Uh even though they are reducing pervy's cover and their water quantity not an issue and neither are their

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recharge. I've been involved with redevelopments like this where even though you're reducing motor vehicle impervious surface don't escape the water quality provisions because you're developing a lot of impervious. So I think there's there'll

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be more discussion about the need for you to re to comply with the water quality standards the American water quality standards. will be working through that with me in conjunction with the DP you've submitted for their >> Yeah. So that's correct. So there is a

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stipulation in in the latest code that basically says that if you have you know a grandfathered application uh with the D you can rely on the prior rules the 20 the 2023 rules which we do have a deemed complete application with the DP based

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on the the wetlands application that we submitted. But is that is that application going to be subject to stormwater review because wetlands Okay, >> it is. Yeah. >> Yep. >> Okay. Well, we'll see what the D has to say about that. But I appreciate grandfathering and your attempt to work

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with this site. So, we'll wait for more additional information. >> And just so that we all understand and and and get it on the record. So, you're reducing the impervious coverage. What are you doing with the storm water?

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Are you there storm water already existing on site? So are you tying into the existing structures? >> Yes. >> So the struct the current storm water structures once you tie into them is is now handling

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impervious coverage for what exists today. So when you reduce the impervious coverage, your storm water system is really capable of handling 10% more. I might be off on my numbers, but >> yes. >> Okay. So you're not changing you're not

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changing the storm water structures and you're okay with that. >> Wait again water quantity. You're talking about the water quantity, right? There's three portions. The water quantity, recharge, and water quality. the water quantity portion it's satisfied because they're reducing

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impervious cover so much that when we when we do analyses of sites the ex we analyze the amount of runoff over time so we create a bell curve a discharge curve cases like this one very unusual where

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you're reducing impervious cover and you're not extending the time of concentration the postdevelopment curves fit entirely within the pre-existing >> means that there's no impact of the stormwater infrastructure that receives this runoff in the existing condition.

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So everything is lessened. Those curves are smaller. All the impacts to the basin, the discharges from the basin, everything is left. >> Right. So I just wanted to make sure we're not removing any of the of the existing storm water structures because we don't need them. You're leaving all of the storm water structures in place.

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I >> think I need to clarify. So there's there's some storm water pipes that currently would run through proposed buildings. Some of that infrastructure is being removed and we're proposing new storm water pipes, but all the discharge points and those head walls that go to the the existing bases, all of those

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will remain. >> Yeah, that does help. Thank you. >> I have a quick question. Sorry, I'm looking at this report. Um proposed res I think this is your company, Dynamic. Yes. >> Engineering. Um did you already testify about this? Did you explain what's in

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here? >> What report is that? >> Um, it's the storm water management, water quality, and groundwater recharge analysis. >> We discussed storm water. Yes. >> Okay. Um, just I might have missed it. So, could you kind of like summarize what your conclusions were here? I didn't understand that.

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>> Sure. Yeah. So our our project is is a is a major development and because we are reducing impervious coverage so significantly we're you know making water quality, water quantity and groundwater recharge better than

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existing conditions and we're compliant with NJD. >> Thank you Elizabeth. Just just to um quantity we we discussed That's very clearly

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recharge very clearly complies. What they're what they're relying on is um a grand filing for the water quality. When this development was built, I don't know 80 that time water quality was only detaining water for as long as you could

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in detention basin. There was the a prefuncter measure. Now water quality measures are much more stringent. you have to have a numerical, you know, amount of TSS removal >> total suspended solid >> right. So there what what what Mr. Worry

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is saying is that since they've got a grandfather application before the D since they're making water quality better anecdotally because they're reducing cover they're not going to be subject to the TSS removal limits the

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actual numerical limits and calculations that the D require when you're doing a new site so they could yes they could >> 80% of the totally total suspended pallets have to be removed >> correct from all motor vehicle perview

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services. So my mind they clearly comply with the water quality and quantity they clearly comply with recharge. I have a question of whether or not they get the waiver for water quality and that'll be determined. For the benefit of the public, is it's accurate to say that by

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water quantity, you mean that the uh volume and rate of flow of the storm water running off the site uh is reduced. That correct, Tom? >> Yeah. >> And and is that correct, M? >> Yes, that is correct. In most

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developments, we're only concerned about discharge rates uh quantity in terms of volume. But again, in this particular application, because we're reducing impervious surface so much, we actually reduce both that almost never happens.

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>> And maybe uh one minute on the recharge, what that means for the benefit of the public. >> Yeah. Now all that is is when you cover imper impervious surfaces with imperous reduce the area that's of the ground that's able to infiltrate water which

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could recharge the aquifer. So by virtue of just removing uh 128,000 square feet of imperous cover, there's so much more green area to absorb water, surface water that the infiltration

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standard is met automatically. >> The recharge, the benefit of the recharge is >> water, groundwater to make sure your stream flows, your base stream flows stay high, that your water table doesn't drop too low. So I think I misunderstood though. So

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when you say that that you're going to be grandfathered as of your 2023 application. So or as of the original development. >> Well, again, Mr. worry. Well, I don't know how the DP is going to handle this because I haven't submitted an

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application before DP in quite a while. But the last one I did, similar to this, we did not get the waiver for water quality because we were reconstructing a lot of new impervious service. Again, I I'm not going to out overstep my bounds because I know the state promulgates,

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develops, and promulgates these regulations. If they get a a waiver from the state for water quality, again, in my mind, anecdotally, it's getting better. Yeah. But we're just not going to sub submit it to the the calculational and numerical

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quantification that normally goes with these applications. >> Mr. Sorry, at what stage of the process does that occur in terms of the D deciding that >> is that >> I don't know I don't know where along their process is in terms of the application.

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>> They're currently reviewing the application right now. >> Okay. And so you will come back to us to let us know what happens. we have to make any changes to the stormwater design as required by the D. We would have to, you know, advise the township of those changes. >> Come back to us though. It goes back to

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the township engineer. >> If I may, >> it would be after we approve or not approve the application. So, we wouldn't know that when we're approving. Okay. >> If I may, it's not uncommon, which is a double negative. That's the way we attorneys say things affirmatively, but

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feel more comfortable about it. It's not uncommon, i.e. It's common uh that one of if not the first municipal approval, excuse me, the first approval is at the municipal level and that is why you hear things about outside agencies and uh if

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there are approvals, conditions of approval, conditions subsequent after the approval. So, uh, any approval of any land development application I in in any of the 564 municipalities in the state of New Jersey ever. I think we're

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going to take that chance. Uh, uh, was a conditional approval. I don't think I've ever seen an approval uh, that didn't have at least one condition. Uh, so that's it. It's it's that's generally how it works. Um, denials are generally

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unconditional. We don't know what the decision is until we get it. >> Can I ask a question that I don't know if flows in this, but are you going to be having landscaping um sprinklers throughout the property?

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>> Yes, we will. >> Does that play at all into any of water situation runoffs >> irrigation? >> Yeah, >> I can tell you I've been involved in enough of these developments where it could be a nuisance, but not from a stormwater standpoint. Okay.

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>> Doesn't it's basically water out of ground back into the ground. So it's not like it creates runoff or >> I have been involved in developments where these damn things they go off on a timer. So they're often going off when you don't need them >> like even when it's raining. Yeah. >> Yeah. But that that has not that won't

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impact storm water. That's not going to have during storm water. >> Is that a question at all? And I don't know if we're past that at all, but is the an idea of a water use um or is there any concerns about water use? and and you were talking about how much pipe is coming in.

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Is is that at play here? I'm looking to >> but what are you again one of the things that we're trying to do right uh is understand how this development is going to impact township facilities relative to what's permitted and what's already there. So that's absolutely a relevant

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question. >> Thank you. Okay. >> Somebody that maybe can address that for us. I mean as part of this project we are going to be required to obtain a treatment works approval. It's a TWWA that's a sewer permit with the NGDP as

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well as I mentioned earlier a Bureau of Water Systems Engineering or a BWSC permit with the NGD DP as well. So that is a water permit. So these outside agencies are usually submitted to after you have board approval. We still need to go through that process um to get

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those approvals from the state. Is there a county in there that's in between that you also have to seek approval from? >> Typically for the TWWA, the the treatment facility also needs to review that. So, it's a threestep permit. First, the township reviews and and approves it. Then, it goes to the

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treatment facility who review and approve it. Then, it goes to the state uh who ultimately would review and approve it. EWSC is typically just with the township and then goes to the D. demand associated with the the Bureau of Safe Drinking Water. They're only

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worried about safe drinking water and only worried about domestic demand. It's really not going to factor in the irrigation. Irrigation almost never gets factored in unless someone asks for it to be factored in so they can figure out what the demand may be

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>> irrigation system at the site. >> There is. >> It's not changing things. I would not that much. Well, except we're talking about a whole lot more property aspect there. So, it's a lot more that has to be ordered.

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>> A lot of it's covered with building and driveways. >> Well, they also talked about a lot of bushes being put in. So, so how do you measure whether or not you have enough water capacity to service all of the residential units, the

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clubhouse, and an irrigation system? was mentioned earlier, we would do a u you know hydrant flow test. We would work with an MEP and engineer to confirm all the fire flows are adequate and you know that would get submitted to the township for review and approval >> and and that is um required correct

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through the planning process. It's not is it something that we need to ask for a stipulation to? >> No water permit. No, no, no. on this >> I mean through the township making sure the township h has adequate capacity to service the site. >> Oh no that that's actually that is

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absolutely part of the D permit. They you need sign offs from the township. You don't >> have that you don't go anywhere. >> Good understand. >> Okay. Thank you. >> Going to continue on

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fire and engineering. So we can move on to planning. Again, you know, we reviewed this letter in great detail. We believe it can comply with the majority of these items. >> There's something we can't Can you just identify? >> Correct.

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>> Explain why. >> Believe the only item I would like to discuss on this letter is comment number 54. I have that one circled too. >> So again, we review this letter in great detail. We believe we can comply with

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the majority of these items. Um this request needs a little bit more discussion just because we don't know if we can 100%, you know, have this sidewalk approved along the frontage just because one, it would need DOT review and approval. And

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we also have wetlands that go run along the the front edge of the property where where the buffers extend where a sidewalk would extend. So the applicant certainly agrees to try to propose a sidewalk along the frontage as requested. Um however, we would need the

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DOT as well as the D to review that um and approve it before it would get constructed. So, >> but you're willing to to ask, you're willing to pursue it. >> Okay. >> I'm hearing good faith efforts. Uh

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>> I just didn't want to say we can agree with the entire letter without, you know, it may not be approved by the state level and we wouldn't be able to do that. Um, but I think that if you were to make the good faith effort, I think

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that that would David is that it's a master plan recommendation not suggesting that sidewalk should be put in. I'm just saying planning board and the planning board for

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project and then leave it governing body before the I assume is master. Don't know what sites are going to be redeveloped, but there's no vacant land really to speak of there.

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the distance 1,000 ft of frontage >> residential development. >> Yeah, >> that might be something the good faith effort as far as the D goes might be if

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permit put in the side. That would be a reasonable might be >> they put a sidewalk on in but no one else has it on either on any of the other properties. >> That's why I'm saying I am not suggesting it's not what be put in but the discussion should be had. It's in

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the master plan. >> It's been in the master plan for years and years and >> Okay. Yeah, that's what I was going to ask. What would be the use of the sidewalk if it's not connected to anything on the You couldn't walk anywhere uh action uh to first ones and then the

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next one to come in. >> Everything's a sidewalk to nowhere until somebody starts until somebody starts building a sidewalk and then you get a sidewalk, a sidewalk, a sidewalk, and now you're going somewhere. But but the the the the um

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uh that's that's lawyers planning. But but the um uh can the board assume uh that the stipulation to make the good faith effort and to do it if reasonably practicable uh uh uh includes the

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bonding obligation as well? And uh David, uh is there also the possibility or alternatively the possibility of um contribution to the sidewalk fund or

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something that vein >> don't know that such a fund exists. Um I think the the bonding of it would provide enough time you know maybe say five years from the time the bond is

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posted town will make a decision not within something along those lines. Lisa, >> I'm sorry. >> I have a question. Uh, since we're talking about a possibility of a sidewalk, is there a traffic light at

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that entrance and exit? >> Oh, >> no. >> Yeah. I'm just questioning whether the board wants to ask for this. Do we all think that that's something we would want? >> Well, that Well, the thing is though, I mean, the building that's there now,

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which is empty. Okay. Okay. So there's no we don't really have a we don't know what if this is completely full what is the traffic light I I will that traffic light be needed for safety of not only the people here but the people across

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the street >> our traffic engineer who's here tonight will be able to testify to that. >> Thank you. >> We have the stipulation with respect to the potential sidewalk but the architect will talk about the

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clubhouse and he's up next. >> So, I have a I don't know if you've finished with your stipulations and Okay, I have a few questions and I don't know if they're for you in particular. Um, so you had mentioned there is going to be a sign or signage at the very

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entrance area. Is that going to be lit? >> Internally illuminated. Have lights onto the sign. >> Any concerns about the glare? >> Yeah, we'd want to see details of that

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that it's shielded lighting um at the sign, not up in the air. >> Ordinance requirements for it. >> Okay. same kind of concerns. Yeah. >> Right. I'm just concerned because that is right across from a residential neighborhood and

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>> with that. >> Um my next question is you've alternated between the uh description of a dog park versus a dog run. Um how many dogs and what sizes of dogs

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do you expect to be accommodated in this place? the design of the dog run, it needs, you know, further details to it, but we we did provide a a divider between it to smaller dogs versus larger dogs. So, we split down the middle.

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Larger dogs would be utilizing the one side and then smaller dogs. >> Okay. So, we're talking about a little more volume of animals that you're expecting there possibly given given how many town homes you're you're building. >> It's towards the front of the property.

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Um, I know you've said you've had you're planning to have um vegetation there for privacy sake, but what about noise? Because having been around dog parks and especially if you've got quite a few there, they can

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make a lot of noise and it travels. >> Applicant in the development would need to comply with the township and state noise. There was talk of, you know, pickle ball court as well as the dog park times to potentially.

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Um, so those are all things that you know can be >> the the NJAC7 29 which is the state code if I recall correctly under D for noise levels uh which uh all municipalities have to

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comply with their local ordinances in order and ours does um and is uh the the um I believe it's is it 10 to seven. >> Uh, but in any event,

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>> it's 7 a.m. to 10 p.m. >> Well, I'm saying and then the flip in in other words, it's 50 dBA at night from 10:00 p.m. to 7:00 a.m. and 7 a.m. to 10 p.m. It's 65 dBA at the at the boundaries, uh, which is the measurement

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of the sound, i.e. um, or not >> have to be quieter at night. Um but uh so so those hours may be relevant uh for purposes of making determinations with respect to dog park or dog run usage.

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>> And I I don't think the uh applicant's going to light the dog park or the pickle ball court. So when the sun sets, >> I I I appreciate that. But it's also first thing in the morning if you've got people who are heading off to work and they want to exercise their dogs because there's no place to go walking around there other than maybe a little bit of

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your blocks. But I I know people I've got two very very loud hounds at home and people do not appreciate hearing them at seven or eight o'clock even in the morning in the summers. So I'd be very concerned about the noise travel

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that's going to go there. So, I would see if there's something you can do to help with the noise aspect there. >> Yeah. >> Yeah. I I I would probably recommend that. The other question again

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going also with with noise considerations um recycling and garbage. I don't know if that's for who and your team. Uh I was reading that you're planning to um use the um private hauler for the

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garbage and it was going to be a once a week. Um and same thing with you said it same thing with recycling. So, are you going to use the county's recycling or you going to which comes once every two weeks or you going to have your own private? >> Everything's going to be private. >> Okay. >> Recycling and trash.

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>> And that's going to have to go around the entire neighborhoods to every single town home as opposed to anything being brought to a central location and one dump. So again, people across in the other neighborhoods are going to be hearing large garbage trucks and

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recycling trucks once a week, probably in the early mornings, running around to 119, 120 because you got to count the clubhouse to those various locations. Well, that wasn't supposed to be the sure.

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>> Similar to any other residential neighborhood, they stop house, you roll out your garbage, they pick up the garbage. Okay. >> And that step would be I perhaps to the not before 7 a.m. and not

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that you'd be amendable. Yeah. And this is just also a more condensed, you know, so I know, yes, we have the neighborhoods, but this is certainly a much more condensed neighborhood, if you would, of 119 homes real close. So, >> but it's also similar to the hills. I

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mean, the Hills is very condensed. I live there. >> Okay. Well, >> so I >> Yeah, but you have the hills right there as opposed to other neighborhoods that are right AC right across the street. And I'd be a little concerned with that. >> I I think that I think that the

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>> I think the stipulation is I think >> and I think that um I think we can probably do you have another question? >> Yeah. In terms of the uh vegetation, especially in the front area, um are those going to be are the trees that are

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there going to be remaining or are you going to be is that where bushes are going to be or shrubbery as opposed to trees? So, you know, what's it going to look like in the very front? >> All the trees that are there today will will remain.

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>> Okay. All >> as shrubs. >> Okay. trying to create a full >> Perfect. Thank you. >> Um, Mr. Slide, I I feel like we should talk about number 53.

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>> There's a couple that I would go back to. >> You want to You want to take us through >> with respect to the engineer, not other witness? >> Yeah. Yeah. Just ones that I think we should hit. Five. Number nine talks about the

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building height calculations. applicant may have an exhibit on this, but if most important question is the calculation shown on the plan needs need to be revised to um height is calculated

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under our ordinance. Town homes would be 35 >> varants for the clubhouse to be 30 that might number might change. So one of the variances could be impacted by that >> our architect has that can talk to that.

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Yeah. >> Number 10. Uh similarly the the floor area that's shown in the zoning schedule on the engineering plans. I couldn't figure out how you got that number from the architect's plan. So moving forward we can certainly

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provide a detailed breakdown of how we got to those numbers for about the size of the parking spaces in the vehicle. Sidewalk adjacent. >> Yep. Offset the sidewalk or take your recommendation to go to 18 ft

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with the six 90 degree parking space is >> 18 the depth right now they're proposing 20 foot wide >> the requirement for a parking space is 20 ft for the for the depth or length however you want to say it

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>> 20t includes length of the car or you can do an 18 foot wide space you have to have two feet overhang right now we have a 20ft space with no overhang because the 4ft sidewalk is right in front of that space. So even though the space is 20

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ft, it can fit the whole car. People are going to pull in, you know, so to eliminate >> all the time. >> So the applicant's agreeing to make the space make the sidewalk wider and the spaceient

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and avoid stops within the space. Number 18. Uh just curious, the the townhouse units, some of them don't show a patio. >> That was just a miscommunication between us and the architect. There was a prior iteration where not every uh unit had one of those patios, but moving forward,

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they all will have 19. question about how high the retaining walls. I it was difficult for me to tell because there's not a a bottom wall elevation for the retaining the bigger question I had was your retaining wall detail shows that there's

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going to be fence or a railing or some sort of safety measure not shown on the site plans that going to be on all the walls should be shown wherever it's proposed. >> That that's correct. I think there's a call out on the plan that says um

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retaining wall with fall protection, but we'll make sure that we're showing a fence on the wall itself as well. >> I didn't know the extent of that fence. If the wall tapers down to you know one eye for 100 ft, you might I don't >> and the applicant um agrees to provide you know detailed retaining wall

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calculations as required if details with the fall protection. on the the fencing for the 36 light poles with the three high raised footings for vehicle protection

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for them that are along the Some of them are near the driveway where there's no curb or you know back into one, but quite a few along the private road where they're above >> we'll take a closer look at those.

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Typically we like you said we want to propose those when they're close to curbs or accessways where they could potentially car pedestrian but if there's you know certain areas where we don't think they're needed we can certainly reduce where practicable subject to the

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review and approval of if he's amendable or planner correct hasn't said he's not amendable yet so we'll take it he's amendable. 37 with the question about the foot gles. That was >> well the question about where the

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lighting there is some lighting along the p the walkways at the uh >> correct. Yes. 38 bring to the board's lighting committee point out that our earlier discussion

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about the um dimmability of the light fixtures that could be something knows would be something I assume that when the lighting committee goes out there want to establish a time for those. Do

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we want to establish that now? >> If you want to. Yeah, I mean that would be well the um yeah the timing for when you go from the >> full intensity to throwing it out security detail security

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level 25% something like that. >> I know the applicant is going to come back with a bunch of information and answers to questions. They can just include that. >> Yes, that's fine. as a time and take a look at >> else with the applicant and get back to >> something reasonable.

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>> Wouldn't that depend though on when during the year it's happening? >> Because obviously in the winter time >> sometimes you're dark at 9:00, sometimes you're dark at 4:30. >> So you would go by the the season and dusk till dawn. You would figure it out

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from there. >> I would do. Yes, exactly. Um, in truth, it's probably going to be somewhere midnight, 1:00 in the morning. Somewhere between 11 mean somewhere between 11 and 1 is probably reasonable.

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At that point, it's going to be dark either way. So, over some questions. Number 57 regarding the uh trash and recyclables. We already discussed this a little bit,

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but what if where are uh trash and recycles being stored at the club? The architect will get into a little bit more detail, but there is a designated room uh for trash and recycling and that would just be wheeled out like a residence

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>> number 59. Uh hours of construction. I know that was mentioned early on with the township has u requirements when in the construction hours 7 a.m. to 7:00 p.m.

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5 on Saturday and not not on holidays. The board and its discretion can rain those hours in in appropriate back to you on that. Okay. Uh question about

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projects going to be phased and Timing of uh timing of completion of the clubhouse and the recreation amenities. Homes constructed without it. Clubhouse must be done or

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fences in affordable housing. market rate versus affordable >> along the same lines is what we're talking about. On that note, um number 74 which presently I mentioned development

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fees required um when um earlier was mentioned the applicant got an email that was from me uh correcting that statement with regard to the 20% set aside two but would prefer to do the

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My last comment has to do with the board's rules timing. If in the event of an approval, normally there's a six-month time period after the resolution would be adopted for the looking to time periods for when they

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construction permit and then once they get a permit times the the time limits we most often see applicants coming back to the board for extensions because applicant knows now or can times if the more than the standard

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periods request them. Uh definitely look at that because I think we probably would want more time. want to just uh discuss where we are with the outside agency approvals. >> Sure.

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>> So as part of our design, the applicant has made several outside agency submit submissions including the Somerset Union Soil Conservation District. We received a C office uh Jan 9th, 2026. We also

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submitted to the Somerset Planning board. We received a conditional office dated March 16th, 2020. They also submitted to the NG who have jurisdiction down road. They issued a letter of no

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interest dated January 9th, 2026. We also have a wetlands letter of identifies where the wetlands are located on the property and what the associated buffers are. We received that from the NJDP

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March 10th of 2026. Previously noted, we do have a few outside agencies that are still pending. We mentioned the or the treatment works approval for sewer that's still pending as the Bureau of Water Systems Engineering or the BWSC

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water permit still pending as well. And then the last permit that we have permitting uh pending is with the NJB installment of the transition area. Can you speak up a little? >> Sure. Sorry.

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>> Last one was the uh D area waiver. >> When did you apply for that? >> Probably around six months ago. plans have changed. We had to make different revisions and obviously they

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were still reviewing our latest iteration that you know the board has >> there a time frame to review on not on the transition >> technically for wetlands permits there is no no deadline for the review unfortunately >> every consultant who's ever submitted to

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the wetlands program knows that agony >> the good news is though we did receive the LOI from their office so the first that that usually takes the longest so we're hopeful that things are going to move a little bit quicker by to

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environmental commission's March 23rd. I'm sorry. Is that Well, that's it. And a lot of these comments that were issued in this review letter have to do with the environmental cleanup and the status of the environmental um of the

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property. um the the owner and the applicant has prepared a phase one of the property indicating that there is no issues or or concerns from an environmental standpoint that wasn't submitted to the board for review but we certainly can provide a copy uh to the

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board for the record. >> Could you speak into the microphone? Having trouble hearing you >> can you guys hear me a little bit better? >> Okay. >> So, no environmental no environmental issues from the phase one. >> Correct. So nothing with the soil. Soil

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contamination. I know in the environmental letter it was indicated that Phil has been brought in over the years. So nothing is contaminated. I mean we're going from office to residential. So the standards, the soil standards meet the residential standards.

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>> Correct. And the applicant has an environmental uh you know specialist that did review all this and you know we could provide that documentation for your review. >> The very least a summary would be nice. Um and no indication of phase two required.

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>> That's correct. Yes. >> Um there are several recommendations from a soil conservation standpoint. Again, as we pre previously mentioned, we did receive a certification from the soil conservation district. Obviously, during construction, the contractor will be required to follow their standards

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and their rules. they break any of the rules during construction, the applicant will be, you know, fined accordingly. Um, I know there was, you know, a lot of emphasis on ensuring that we are complying with the soil conservation uh

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standards for the property. >> Vapor intrusion. Have you looked at >> Mr. Leazinski, can you speak into your microphone? >> Was off. Um, being that this is an office to residential conversion, have you looked into vapor intrusion?

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>> I know that the applicants environmental team has reviewed this, I identified that there wasn't any issues. So, I assume that no vapor, you know, mitigation was going to be required for this development. >> Okay. I'm sure we can provide, you know, backup backup information to to document

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that. several comments um on utilities um similar to what we previously discussed essentially saying that our office should you know coordinate a meeting with New Jersey American Water to ensure there's proper flows and pressure for the property which obviously we agreed

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to we know that we need to do that so there's no issue there >> and you're going to be we we had touched upon the fact that you're tying into um existing storm basins I assume you'll be will you be cleaning out the you know if there's overgrowth both and you'll be

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making sure that they're functional. And >> that's correct. And as part of the um the maintenance manual for the development, the applicant owner will be required um to maintain all the storm water uh you know improvements on the property in a quarterly basis. Uh sure

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that everything is you know functioning properly. Okay. In the environmental Um, I actually think that Kay is interesting as well. Um, only because the storms I I feel that the storms nowadays are the hundred-year storms

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every time every other time it rains. Um, so have you when you've done your storm water calculations, um, did you account for the 100red-year flood? >> We did not analyze the existing, uh,

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basins on the property, um, simply because we are reducing the impervious coverage on the property. we automatically comply with the the quality and the quantity requirements by NJDP. Um and because we're maintaining those um points of analysis for the

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waters flowing today, we didn't we weren't required to analyze those existing basins >> and D didn't require that storm being calculated. Are we going to be upgrading any of their system of the existing

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any of the grates, the orififices? And has it all been sort of cataloged and any need for upgrading to any of the systems? And as as noted in the maintenance manual, if there is any issues with any structures,

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that would all be documented and and if anything was broken or needed repair, they would be required to do so. Going back to your question though, um is that something that as the board if we wanted to require

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>> flood analysis, >> can we require if we can't go beyond the D >> it's reasonably reasonable. There's a nexus of connection then uh certainly under the law the board would have the discretion

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in my opinion uh in that of uh uh to do so. Um but also we have our engineer who could speak generally to the reasonable question. So as we discussed earlier what they've done is they've analyzed

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charge hydrographs existing versus those ones fit entirely with the existing class not obligated to analyze structures of the basins because they're

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operating in a better situation question is properly asked if the system I mean it has to be looked at to make sure it's still functional right way in disrepair it's not operating the way it did before and it's not going to operate

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that way now while they don't have to analyze run the system the the hydrograph through the basins they have to make sure that the basin infrastructure the outlet control structure the piping is all down cracked or clogged or decayed.

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But yeah, I mean I'm I am as an engineer, I've done this numerous times. I'm very comfortable that the quant water quantity aspect of this is handled and is not going to be an impacted just because they're reducing

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so much flow because they're reducing purpose radically. So I'm comfortable with the quality. I'm comfortable with the recharge. I just it's the water quality waiver that I've never been able to obtain and if they get it then they get

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>> Can I just ask it another way? When the system was first built I I I don't know whether or not this the 100redyear storm was accounted for. So even though it was a larger it's

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covering more runoff today. Maybe it's only covering to the 50-year storm. So once we reduce the impervious coverage and we still have the storm system, do is it you know maybe it's

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no maybe it's not covering quite to the hundred years. So and and I trust your opinion. So I'm not I'm not arguing at all. We just would like to understand that it is we're we're covered. We are reducing it so significantly that we

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really are safe with the storm water. >> Well, they've analyzed the two, the 10, and the 100 storm per the current rainfall analyses. I don't think they added. Now, of course, you have to project future rainfall that the

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analysis requires. I don't think they did that in this case again because they've met the standard standards. >> Um, Uh Mr. Warrior, is that correct? You did not analyze the future rainfall events. You didn't compare those

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hydrographs. I >> think to be frank, if you compared the existing proposed future is going to fit inside of that anyway. So >> yeah, did not analyze the future. >> Well, that's the question you're asking

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is will the future runoff somehow impact the basin in the way that it was never designed for? Right. >> And nobody can answer that question because the rainfall events that the basin was designed for were those back then. Those rainfall now

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the projected future rainfall amounts are larger. But again, it it's going to be the same. The existing whatever comes now is if it's slightly more in the future, their hydrographs are going to be slightly smaller. It's hard to know

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exactly what the future storms tearing down two buildings and building 119 new buildings. This is a new project. So I would think you have to analyze this by the current codes for like an analyze the existing system to

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make sure it meets the current codes >> and there the the current codes tell them if you fit the proposed hydrographs entirely within the existing hydrographs you've met the water quality water quantity requirement. >> Okay, >> that's directly in the DP code. So they

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meet that. So can't step you'd have to step outside the code to say address this. >> Usually if something is upgraded or changed, you have to make sure it complies with what is in effect now. So

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you're saying D is doing that. >> Also get a substantial grant. I I've myself have gotten many projects grandfathered for several things. Many things. >> Okay. what they've done is legitimate um according to the DP and the

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regulations. I'm again questioning is the water quality aspect of it. I don't know how they get the waiver for that. I don't have any problem with the quantity or

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they don't get the water quality waiver. Sorry, they don't if they don't get the water quality waiver, the alternative is they'll have to calculate and show how they've removed 80%. That would be the alternative.

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You have anything else in in the environmental letter that you don't agree with? other than other than the storm water upgrades that we just talked about. Um I mean the soil erosion again like I mentioned we already have the

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certification from their office. We know that we have to abide by their regulations during construction. Does that constitute to a stipulate onward or you just saying satisfying related

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comments but not necessarily environmental commission. In other words, can you be more specific? >> I just want to make sure I don't have any other issues with um you know any of the other recommendations in this letter. >> Want to come back to it?

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>> Yeah, if we if we can. Yes. >> Yeah. Why don't we >> discuss with the applicant just make sure that you know we're 100% covered. Another alternative perhaps if the board so desires is for you to take take the recommendations sheet commission literally mark it up

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to what you're stipulating to >> can I ask another question how many occupants the two office buildings that's there now how many occupants did it accommodate in terms of how many

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people could possibly work in that building. Just my curiosity is and I'll I'll set you up for the question that I'm going to have is you know we're talking about 119 units anywhere from four bedroomedroom to three whatever. So you

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figure on average you probably have at least 300 people probably living there. Over a thousand parking spaces. >> I don't know how many people, but >> yeah. And that's just, you know, they went and got uh planning board approval

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to expand the parking lots, but Well, maybe I'll wait for the Why don't we So, why don't we do that? I think it'll help move things along a little bit. Um, if you'll take another look at the environmental letter and get back to us. Um,

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I'm wondering if we could take a little break at the moment. Yes. Um, I would like to open it up to questions. Um, I don't know if the board has any more questions, but certainly to the public, but would you mind if we took a

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five minute break? Yeah. Thank you. Oh man. Everyone's back. So right Thank you. Good evening, members of the board. Uh, my name is Dave Rule. I live at 12 Van Dorne Road, directly across

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Route 202 from the proposed development site, >> RUH LIIG. question. >> I will end with a question. >> Okay. Well, I will provide context for my That's all right. Make sure that we

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uh get to the get the concerns of the neighborhood heard. I'm here with several of my neighbors. We spent >> We're going to swear you in with the chair's permission so that way you can make comment and ask questions. However, >> this is time for question for the benefit of the public. There will be a

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full opportunity for comments. Uh and I will swear you in when you make those comments so they have the weight of testimony just as did uh applicant. Now, it's, as you know, it's just questions for this witness, but if you,

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with the chair's permission, if you raise your right hand, I could swear you in. And that way, to the extent you make commentary as well, you're covered. Okay. >> Very well. >> Raise your right hand. Do you swear to God or affirm that the testimony you're about to give is the truth, the whole truth, or nothing but the truth? >> I do.

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>> They're going to try to make it questions. Thank you. >> When is the comment period? Just for the benefit of the public. That is the way it works in the municipal land use law for quasi judicial proceedings on land development applications. Uh is that when all the direct case all the uh

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witnesses for the applicant have concluded uh then if there are any witnesses to testify experts or others uh from uh uh uh from objector groups objectors uh so be it. If none, then members of the public, whether they're

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in support of or against the application, uh they that is the public comment period. Again, everyone will be sworn in. >> Okay. Uh this is uh pertinent to uh testimony that has already been given today. I would like to provide some very

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brief context to it and uh affirm our understanding with a question. Um again, Dave Rule, 12 Van Dorne Road, right across 202 from the proposed development site. Um here with a number

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of my neighbors, our first time, I think, involved in local government and um learning the system. Many of us have built our lives, raised our families in this neighborhood over years, decades, and in some cases a lifetime. And given the scope of the

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zoning variances that are requested, uh we believe it's appropriate that comparable consideration be given to the neighborhood residents who are directly impacted, which I know is purpose of this board. Um and we appreciate the outreach that the Adani group has made

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to understand our concerns. We've had constructive dialogue and they have indicated agreement with our requests regarding clubhouse design, buffering and lighting, parking management and construction controls. Uh for clarity, our position is if those items are

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incorporated as conditions of approval in the board's resolution, then the residents of Vandor do not object to the variances under consideration. However, I do have a question which is um is our understanding of your development plan

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and uh testimony uh that that is in fact the case. Absent that we have no concerns and uh we thank you for your time and your consideration of both the applicant's proposal and the residents who will live

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with its impacts. M just to be very clear full fair opportunity due process any member of the public including uh residents with an address on Van Doran. You are welcome

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to ask questions of any of the applicants witnesses. You are welcome to make any uh appropriate comments uh that you wish uh sworn in so that it has the weight of testimony. The board will hear

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from everyone uh who wishes to speak uh uh whether it be by question, comment, or both. Do have one more question. Does your plan at all involve a traffic light? >> No,

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>> we I think I will say that I approve of that. No. >> Thank you. >> Yeah. So the traffic light issue really is a DOT issue based on trip generation, not the town's desire or our desire for

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a traffic light. >> Hello, Stacy Molinari, 27 Franklin Drive. So that is behind the the building behind the wetlands on the left hand side of the picture you see there. Stacy. Yeah. Um, so the questions I

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wrote down are directly from comments I heard from him. Although I'm not quite sure if he punted them to somebody who's coming. So just let me know if that's the case. I do have many traffic questions. I'll hold all of those. Um you mentioned sloping at the back. So I'd like to understand a little bit more

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about that because um although that property there part of the wetlands is not being touched. If it does slope down that's not a big space. So um I'll provide that in my commentary later date. You talked about water mane and

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power. Right now, um I'd like to understand how the water man is going to be connected into what's going on already in the residence. Um when there was another property that was being adjusted, it was going to go right into it. So, is that going to happen? Is it

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going to come right into where we have >> um our sewer? >> Um >> can we let you >> Yeah. Yeah. >> Oh, sorry. >> Answer. >> Question. Some boards make you wait. So, thank you for >> No problem. So, to clarify, our sewer

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and water connections are coming directly through Shiloh Way. That's our main entrance to the >> Then the water man loops around our development and comes back out Shiloh Way into Morristown. >> So, there is no direct connection into to >> residential.

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Okay, that was different for the Thank you. Um power, same thing. Power goes out all the time. Ours is below ground. others is above and 202 is above 202 seems to be the problem. So want to understand how that will affect the

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neighborhoods the power lines >> and new underground power for all our our residences. We'll be pulling power from Morristown Road as well. >> So how will that affect what's going on on Morristown Road right now which is a disaster? We our power goes out when the

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wind blows just for no good reason. >> Our development shouldn't have an impact on your on your Oh, has that been studied? Has that been looked at? >> That's going to be coordinated with the utility company. >> Okay. And then um Okay. So,

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my slope chain the slope conversation we you talked about earlier, I wasn't I'm not expert in that area, so I wasn't following it. Where my questions are really around how will that change drainage towards those wetlands? >> It won't change drainage at all.

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>> Okay. we are maintaining drainage patterns. We're actually, you know, reducing >> I heard that part of it for sure. Um it's it's wet back there though and it's not a big area. Um so I'll save that for my commentary. But um and then the last thing is you talked

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a lot about someone asked questions around the the dog park, the noise. Um the other night when we had the opportunity to meet with the property owner and the applicant, he said there's no way for us to control any of that once it's sold. It's the it's the HOA.

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So content about conversation before I questioned the conversation before about oh we'll just dim the lights. How can how can you do that when it won't any longer be in your control? It will be the HOA.

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>> Yeah. So, we do have the HOA person and they'll explain how it'll all work. And there is a package that you can purchase that dims the lights and that's something that the applicant will install. Right. We're going to leave. We can't control it, but the HOA will have documentation and that will be put in

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there in place, but we'll have that person testify. >> Okay. Okay. >> Same question around noise for garbage that we talked about. That was a very good point before that if it's not, you know, 119 homes, that's a lot of stops. The restaurant that's nearby there has

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garbage that comes at 4:00 a.m. I've called over and over again to get that under control. And I How would I get that under control? How would I get noise issues that come from there under control? It doesn't seem to be the process I'm taking right now. >> I I don't know who you're calling, but

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you can call the zoning officer at the town. >> I've called like everywhere, but yes. >> Oh. So, >> I mean, we're committed to a private hauler and we were going to commit to a certain time frame. So, that's all I can tell you. >> Okay. Those are my questions for this part. Thank you.

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>> Does anybody else from the public have any questions for this applicant? >> John Crane, 39 Decker Street. >> Crane, C R A N E. >> I apologize if I ask some of the questions that have been answered. Uh my

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hearing's not too good with being in construction for four and a half decades and the pollen today. Um the uh the question I have did the applicants engineer review the 1984 and

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I believe was the 2010 m reports on the design and the reports on the detention basin. >> No, we did not. >> Have you looked at them at all? No. >> Okay.

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In the environmental uh memo, I believe they were talking about um just to clarity, I'm an environmental commission member, but I'm here representing myself only. Um

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there's a statement I think saying that back in the 80s the 100red-year storm was around 8 in and the current storm event 100-year storm event in the last couple years per D 2100 calculations is

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about 12 in. Would you agree with that? >> I don't know the answer to that off hand. >> All right. You're aware of that's a 12 inch rainfall for the 2100. It's in your report, I believe. >> Correct. But I'm not aware of the rainfall events in the 1980s.

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>> Do you remember maybe 5 years ago what they would have been? >> Not off the top of my head. >> How long have you been designing sites? >> 10 years. >> And you're not familiar with the 100 years storm in this area from 10 years

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ago? Well, it depends depends where you are in New Jersey. >> 8 in familiar? >> Okay, that's all I'm not giving you a hard time about ten of an inch. Um, have you inspected the two basins that

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are out there now physically out there? >> I've seen the basins. I haven't physically inspected them. No. You mentioned I believe I heard you say that the same outlet structures head walls are going to be the same.

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>> That's correct. Yes. >> There's head walls on the souththeast part of the tribe that was going into the basins. Are you aware of those? >> Yes.

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>> But those aren't being used. Correct. saying the drainage pipes into the basin >> head walls going into the pond. There's about three of them >> other than the one major one that appears that is on the plans now. >> Three different connection.

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>> We indicate three connection points into the basins. Yes. >> Can you say that again? >> There's three head walls shown on the survey that we indicate on our plans. Are those the three you're referencing? >> But but you're not using them, correct? >> No, we are using them. We're connecting

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into them for our discharge points. >> We're maintaining. >> Can you pull up that plan? I I >> Can you pull up the storm plan that I I only see one going into the bas that big basin? That's what I'm asking.

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>> I don't know if we have a better table to roll out the plan. All you got to do is agree or disagree with me. So if I'm wrong, I'm wrong. >> Um, Mr. Crane with the Mr. Crane. going to put it on the record,

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right? Is >> there a plan? >> So, so my >> So, my understanding is that you're tapping a couple of head walls. >> Not understanding these questions without seeing what plan you're referring to.

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>> The plans are on our on our the plans that were submitted to the board. So, I don't know. >> We don't have them on the screen because they're not exhibits. We don't have them up. Okay. You can put them up. Okay. >> Mr. can you put uh on the record the question again and the and he and he

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answer now that you've shown what you were talking about and if the if if that's required in the future the chair I believe has expressed the desire uh to uh list the questions uh so that we don't have to take a 10-minute break in

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between each question and to to figure out any event let's get this on the record >> if he could pulled up the exhibit I wouldn't had to gone over there. Um, so, uh, what I was trying to point out, there was some old existing head walls

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on part of that road and my understanding is that you're capping those now. >> Yes, that's correct. >> Okay. That the only reason I brought it up, you said the the existing head walls were uh being used. Some of them are correct. >> Some of them are being used. Correct.

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>> Okay. Is this uh drainage area going into a C1 stream? >> Uh not directly. No. >> The water doesn't eventually make the to the C1 stream. >> Goes underneath 287 and may ultimately

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go to a C1 stream, but our discharge points are not directly going to a C1 stream. >> So I just want to clarify. You're saying that none of the water from the site's going to the Bake River, a C1 stream.

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>> They ultimately drain to the BAC River, but we're not discharging to if you can uh unlike me, you're uh you're softspoken. So, if you can speak a little louder into the microphone.

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>> So, I I guess the question is, are we discharging to a C1 stream? Um, we're maintaining the drainage patterns that are on the site today. We're draining to the existing basins that are at the rear of the property. They ultimately drain underneath uh 287.

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And I guess the question that they're asking is is if that drainage ultimately goes to a C1 stream, which we're not aware of or you know that wasn't included in our analysis because we are maintaining the existing drainage patterns that are there today.

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Just for my understanding, what's the significance of that draining to a C1 stream? >> You drain directly to a C1 stream. Typically, they have certain buffer requirements that you would need to adhere to or water quality treatments that would have to adhere to as well.

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>> I mean, that that's more relevant, right? The 80% TSS removal that Steve mentioned before becomes 95% even. >> Thank you. Could the outlet structure in the bigger pond be modified for better

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water quality by just changing some of the inverts and uh orphoses? >> We are complying with the the requirements for storm water. >> That's not the question I asked. Can it be modified to improve water

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quality? >> Sure, it can be. It's not required though. your parking spaces. Just walk me through there. What What is the width of uh to get the three and a half spaces,

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parking spaces, the pairs that you're using? Is it a 20 foot width for the driveway? >> 20 foot width and 18 foot length. >> And what's your driveways on the plan right now? >> They vary in size. And this was actually brought up by the township of engineer

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who requested that we revised all the driveways to comply with that requirement which we agreed to do 20 ft. >> Correct. the the buildings 08 closest to 287 going around going around toward the

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wetlands on the south east part of the property. It appears that you have anywhere from 3 to 4 foot retaining walls. Is there any reason why you can't grade down to the existing grade and just have exposure on the

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foundations? And if you had a basement, it would be like a daylight basement instead instead of putting a 4ft retaining wall. >> After speaking with the architect in more detail, he confirmed that we were able to provide that, you know, daylight basement and eliminate the retaining walls at the rear of the property.

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>> Is that in one of the reports? >> It was. Yes. And it was already stipulated to >> I believe that was actually in the environmental commission which we have not um >> Oh, okay. >> Yes. >> Thank you. Please proceed. >> So maybe it's an architect question.

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Will there be other than the walkout basements? Will the be all slabs the balance of it or is there an option to do basements throughout the site? >> Architect's going to talk. >> Architect will take care of that. That's all I have. Thank you very much.

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>> I'm sorry. Can I just ask a question because sorry I looked it up on my phone. I'm working on your thing. Where are the ponds that are being referred to? >> You use a laser pointer. It might be easier to show. Yep. There's the basin is located within the

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wetlands to to clarify the questions. >> Both basins >> correct. Yes. >> In there if I may. And there are ponds in the wetlands now or >> No, >> not classified as a pond. It's

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classified as a as a basin. >> As a basin. Okay. Thank you. >> They're man-made though. Correct. >> Correct. They take drainage from, you know, the the existing element. Um, Mr. Edelstein, >> the Tlestein, 172 Riverside Drive. Um,

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is there any guest parking in this um development? >> Uh, yes, there is. >> Are there going to be any EV um spaces provided? >> If so, how many? The applicant um did agree to comply with the state statute

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of the 15% charging requirement. Um and that would include a few EV charging spaces near the clubhouse. We were thinking about two to three spaces near the clubhouse and the remainder would be provided uh within the garages of the homes.

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>> Um the water system is um would be looped through the um development. Correct. >> That is correct. Will there be a um valving provided around the um loop so that if there's a um a break in the line that it could be

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um isolated so the whole development is not shut down. >> Yep, that is correct. in the basin on um the south um east side of the development. Is there any um overflow provided there?

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>> They have a discharge um currently that that we'd be maintaining. >> Thank you very much. >> Thank you. So, anybody else from the public who has any questions for this witness? Welcome. Your name, please.

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>> Rose Salaki, 114 Marstown Road. You >> right across the street. >> I just a question. We were talking about um the waiver for the wetlands. We still haven't received the letter of approval.

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Or am I correct or not? >> That's correct. It's still pending with the D. >> Okay. Are you aware that I received a letter on November 18th, 2024 um to the for an application for

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freshwater wetlands letter of interpretation line verification, transis transition area waiver, averaging plan, a virgin plan and special activity waiver for redevelopment by Khovaneian

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New Jersey Operations LLC. Now, that was in 2024. So, I assume that they investigated this property already, the D. >> The project has changed since then. And

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we did receive the wetlands LOI, a letter of interpretation that has been received by the applicant. So, >> you haven't gotten approval yet from the >> for the permits. No, we have not. That is still pending with this application. >> Thank you.

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Hi, Keith. I'm Keith Monari, 27 Franklin Drive. I live right behind the wetlands um adjacent to the uh property. ML L I N A R I. So, a couple questions. Um

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when the uh developer said they would put landscaping in to help um buffer lights uh noise and so on. Is that uh intended to be evergreen landscaping? So it would be year round cover. Is that is that what you're intending to do or something of that nature? >> Yep, that's correct.

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>> Okay. Uh second question, I think this is the right place for it. Um you were talking before about uh payments in lie of uh affordable housing obligations, something to $10 million. Is that similar to payments in le of taxes or is that more restrictive on how the

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township can utilize those funds? >> No, those are completely different. So payment in le of taxes is to the benefit of the developer on their property taxes. This is a payment the developer makes to the township which goes into their affordable housing trust fund for the township to decide how it's going to be used. >> But it can only be used in aspects

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related to affordable >> absolutely has to be used for your affordable housing. Correct. Uh last question and this one just think about you're talking about the uh basins that are in the wetlands. Those are man-made basins. So th were those in I mean you might not know this but were they installed pri prior to those being

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designated as wetlands? >> It's most likely yes. They were constructed uh prior to them becoming wetlands. Um essentially with the water sitting in the wet in in the basin it it turned it into wetlands basins. >> Okay. And with the way you're

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envisioning the slope is not really changing. So you're not changing anything that's draining into those wetlands and maybe it with the reduction in impervious coverage actually reducing the flow. >> That is correct. Yes, >> that's a fair assessment. >> Okay, that's it. Thank you.

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>> Thank you, Mr. Molinari. >> It's Tom Kari. I'm at 19 Franklin Drive. your last name, please. >> L L A R I. >> Thank you. >> So, I was um I took the invitation of the builder to go out and get an information, which was nice, on on Monday, and um we reviewed the plans and

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I was told that the drainage basins were were directly to the I guess north the back of the property, not toward the wetlands. They said they couldn't touch the wetlands. Nothing could be flowing into it or can't manipulate it. So, I'm concerned now that that's where it's all

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going cuz that property and our backyards are very very saturated already. So, I don't want to know if if like the bulkheads or these basements are is is going to divert any more water back there? >> No. And as previously mentioned, we're actually reducing the flow that's going there today. I mean, the flow I mean you

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have that, but I is there any more diversion? Is anything going toward the back of the other direction or is it all going to the wetland? >> No, there's direction in in the pitch. >> There's there's two different points of analysis. So you have the the basin and the wetlands you're talking about on this corner and also on this corner. So >> it's going in two directions. It's not

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all fun. >> That is that is correct. Yes. >> The next question is uh project affect sewer capacity? >> No, it does not >> at all for for for Franklin Drive. >> No. And and again we would be required to receive all approvals and permits

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from the DP and the township and the treatment facilities. And then the last question is um you said you you were looking to decrease the setback uh on the front from 170 to 107 >> pushing forward 60 ft.

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>> No. So to to clarify that um originally we believed that the setback from 287 should have been um I believe it was 100 feet. We thought we believed this was a rear setback. >> Oh, I thought you were talking about a front setback. >> Well, they calling it a front setback,

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>> right? When I heard the front, I thought you were going to push forward closer to the road. >> So, no none none of the proposed buildings are are changing or moving. >> Technically, we believe 100 foot setback, but technically it's a 175 foot

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setback. So, some of those buildings at the rear don't comply. >> Thank you. >> Thank you. Anybody else have any other questions? Nobody questions for the app. None.

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>> That would be the preference this evening. Um, I'm going to ask you, what would you like to do? Um, like to bring your architect up to get started knowing that we're probably not going to get through everything or do

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you think you would like you would prefer have a more cohesive opportunity to testify, >> popping it up. it's a lot easier for us to analyze and because you're gonna get

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a lot of repeated questions and >> so um it's it's your application to present but you know I I would think that I would advise that we end it here and uh come back next month. >> It depends on when it is next month. We

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we're going members of the public, we're going to find out shortly when this matter will be continued without further notice. Uh >> but you may find out from a neighbor. >> We have a special meeting, Miss Layman. May 14th.

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That's correct. That would be the next date. Uh, the next special meeting would be June 11th. >> Keep your third Thursdays open. >> Uh, it looks like we're already full for May 6th. >> Second Thursdays. Keep your second

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Thursdays. We have a uh believe it or not we have a regular schedule special meeting >> regularly scheduled meeting >> it's the second >> already noticed >> Thursday most of the time sometimes it's the third Thursday if the

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>> first Wednesday after the first Monday you have to do a little math and there's some physics involved to figure out the schedule >> miss layman June 3rd Is that >> I will not be here today >> regular Wednesday.

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>> Could we do it on the on the regular meeting or not? >> That would be the a regular Wednesday and then >> yes, but I'm wondering agenda. >> I don't know that it's filled up yet. >> That meeting agenda is not currently full. >> Imagine it would be most

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not to be shared with two Perhaps. >> No, I didn't know if anything was on that night, but we should probably stick to the special meeting. >> That brings you to August 5th, >> Madam Chair. Technically, we don't have

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a July or an August special meeting scheduled, >> right? That's the regular meeting. My bad. >> Published calendar. >> He can add one. Right now, there's not one. >> Yeah. No, I misread that. >> My I am away June 3rd. So I I will not be

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able to be here. >> Well, we do have to carry to a date certain this evening to do so. utilized tonight for carrying without further notice and we'll find out thereafter uh carried again. Um right

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now we're working with cannot do May 14 or June 11 architect can't do it other dates and that's somebody fill in to want to carry it to the 14th and then decide on a date later

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to the sixth and decide matter. >> Why don't we why don't we carry it to the 14th and then we can try to coordinate another >> another date. Um we may have to add a special meeting in August. or July if everybody's around.

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Uh so why don't we try to figure out what our schedules are as well since they're not already scheduled and then um but we'll figure on the second Thursday of July or August. So, if everybody can look at their schedules and we'll see when we can be available.

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>> Awesome. >> Check in second Thursday in July. >> July 9th is the second. >> So our meeting I'm sorry, but the first Monday of July is not until the 6th. Our Wednesday meeting is 8.

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I I will just let you know. >> We'll probably have a quality. >> Did you say you are available this? >> Yeah, this is July 16th. Yeah, >> July 16th. >> We want to carry it to July 16th then. >> Then the next date would be at August

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20th is what you're saying. >> Next date would be second Thursday after the first Monday. >> I bet to figure it out. >> Councelor, do you want to carry without further notice to July 16 or 516

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>> once going twice. >> Okay. >> So, go right ahead. >> So, this matter will be carried without No further notice. This is the notice uh to Thursday, July 16.

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We'll have an probably don't need an extension of time to act, but I you'll give us time to act through the end of the month of July at a minimum if we need it. >> Probably do need it. >> Our time to act is July 2nd. >> Seven months. >> Want to give us the we'll take it. We'll

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take to the end of July. Granted, >> yeah, I can send an email, too. >> Since the July 16th meeting is not one of our scheduled meetings, do we have to notice? >> You have to open public meeting notice. >> I have to publish.

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>> They don't have to. >> Applicant doesn't have to do anything. Okay. >> To that. >> Okay. So, do we still have the May 14th meeting? >> No, >> time being

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come back and say you're going to be here. >> All right, then. Um, thank you. >> Thank you for your time >> for your time this evening, your testimony. >> We have any other business, Joan, or is that I I think we just I think that was

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it for our business. >> Madam Chair, I just want to confirm that >> we we will have May six. >> We still have to wrap up our meeting. So, if I can ask everybody to quietly exit.

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>> You can leave. >> Thank you. Um, >> we will have May 6. We will not have May 14. >> Correct. Uh do we have any comments from our uh board members? Anything? Any comments

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from staff? >> Thank you. It's It's good to have you. >> Um motion to adjurnn. >> So moved. Oh, Miss Gonda and second. Second, Miss Silver.