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

Part: 1

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She was sent. >> Yeah. Yeah. No, I'm talking about could feel some better now. Were you according to what I heard you sick or >> after I guess

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years ago his seventh Yeah. [clears throat] >> I don't know who's talking. Yeah, but that's over in Basking Ridge, not here. >> So, so it's this room, but there's like a 30 second delay.

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>> Is there any way to turn off the >> Yeah, turn the volume off of the speaker. All right, Jeff, you're up. Slugger. Let's get this figured out. >> He's in the wrong seat. Should we tell him? >> [laughter] >> You're pretty sensitive.

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>> I'm guessing it's more like about a twominut delay. >> For a journal now, >> get that thing back. But can you mute can you mute the speakers on Zoom? >> Okay.

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Exorcism. >> [clears throat] >> Oh, >> you know what, Denise? There's a >> Yeah, but hang on. There's an icon Right to the left of the date and time. Immediately to the left. It looks like a

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speaker. >> Yeah. >> No, no, no. At the bottom. >> That one. >> Click mute. >> That might mute the the mics.

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>> No, that should mute the speakers. Yeah, I don't hear you coming out of speakers now. >> No, we we don't we don't allow public to participate via Zoom. >> This is that that's just muting the speakers for the PC.

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>> It's not muting the recording. It shouldn't be cuz the the audio is still lit up and it's it goes green when I talk. So, it's picking up. [clears throat] All right. That's what we want. >> Good to go. >> Cool.

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>> Well done, Mr. Chairman. >> Jeff, you're fired. David, you're hired. Next. >> Okay. Portuggestive meetings are held in person at the meeting hall on the second floor of Bur Municipal Building at 166

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Pine Brook Road. Members of the public wishing to offer comments or ask questions will be required to attend [clears throat] meetings in person. The agenda for each meeting will be posted on the bureau website bersville.gov at the burough hall the planning department public bulletin boards at least 48 hours prior to meetings. Notice of the 2026

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meeting dates has been published in the Bville News, sent to the Courier News, posted on the Ger website, and follow on January 22nd, 2026. It's the intention of the board not to convene any matter past 11 p.m. at any regular special meeting of the board unless a motion is passed by a member then present to extend to a later specified cutout time

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and Sam shall be announced at the opening of each meeting. In addition, the board does not intend to begin a new hearing after 10 p.m. nor begin testimony of a new witness after 10:30 p.m. Members of the public may participate in meetings at certain designated times as announced by the board chair. Members of the public will be permitted to address applicants and their experts, ask questions and or make

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comments as appropriate once invited to do so. Any hearing conducted by the board at the quasi judicial proceeding, any questions or comments must be limited to issues that are relevant to what the board may legally consider in reaching a decision to appropriate to additional hearing must be maintained at all times. [snorts] Roll call, please.

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>> Yes, Mr. Chairman. Mr. Lo here. >> Mr. Green >> here. >> Miss Kramer is absent. Mr. McDow >> here. >> Mr. Milo >> here. >> Mr. Staller >> here. >> And Mr. Floam is absent. You have a quorum, Mr. Chairman.

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>> Thank you. Um, couple of comments before we get start getting into things. Obviously, new mics, new system. The mics are very sensitive. I've been cautioned. So, no sidebar conversations. They will get picked up. People in the audience may not be able to hear it, but

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everybody that listens to this evening, we need to worry about the uh annual report. So, the hearing needs to for the applicant needs to end at 10:30, just so attorneys are aware.

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All right. Uh meeting minutes we do not have correct. Okay. So we go on to and we have no correspondence. We go on to resolutions for application number 25-11. Gregory Tusar whereas an application for dimensional variance approval has been

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filed by Gregory Tusar here and after designated the applicant to the Bureau of Burnersville zoning board of adjustment here and after designated the board of property located at 40 turnbo lane Burnersville New Jersey and more specifically known as block four lot one on the tax map of the bur of Burnersville here and after designated the bureau county New Jersey with said

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use being a permitted use in the R110 residential zone district and whereas a public hearing was held And whereas the applicant filed half date and approved the publication notice the hearing was given as required by NJSA40 colit.D-12. And whereas a complete application has been filed the

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fees required by ordinance have been paid and otherwise appears the jurisdiction powers of the board have been properly invoked and exercised. And now therefore be it resolved the zoning board of adjustment for Burnabville County Somerset State New Jersey on the 20th day of July 2026 made the following findings and conclusions with regard to

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the application findings of facts. One, the applicant provided adequate notice of the application the hearing in accordance with statute. Two, the applicant represented himself with regard to this application. Three, at the June 1st, 2026 hearing, the board determined that the application be deemed complete in order to move forward

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on the merits. or based upon a review of the application, attachments, survey, variance plan, photographs, letter reports, and or memoranda, the board and bureau consultants and from the testimony evidence presented at the hearing. It would appear that the applicant is seeking dimensional variance relief in order to reconstruct and expand a portion of the existing

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single family residential dwelling and also relocate and expand the swimming pool and patio areas. 5. As previously stated, the subject property is located in the R110 residential zone district and contains approximately 4 40 411,226 ft or approximately 9.44 acres. The

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property is presently developed with a two-story residential dwelling, a two and a half story garage/barn, a tennis court, a swimming pool, a wellhouse, a gazebo, and other associated site improvements. A brief zoning history of the property is as follows. A the subject property is part of lot line adjustment approved by the planning

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board in application number 646. This approval was in June of 2015 where an equal land area was transferred between lot one and lot three and block 4. B the applica also made application zoning board under application number 23-06 in

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2023 where approval was granted to demolish a bar and stable structure and reconstruct the building in the same location in order to accommodate a four bay garage. f feet of impervious coverage where a maximum of 27,416 ft was permitted. The zoning board noted

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at that time the property contained 48,450 ft of impervious coverage. So the impervious coverage was being reduced. Six, the subject property fronts on Turnbull Lane and Dryen Road and the properties developed with a single family residential structure in addition to other improvements freely stated in

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the body of this resolution. The applicant now proposes to renovate the existing single family residential structure by constructing in addition with expanded porch and deck. The applicant also seeks to remove the existing swimming pool and construct a new pool and associated patio in closer proximity to the rear of the principal

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building while also reconfiguring a paved driveway and walkway. The applicant will also remove the existing tennis court. Seven, the applicant requires dimensional variance relief pursuant to NJSA40 55D-7C for the following. A maximum permitted impervious coverage

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where 27,416 ft is permitted in the zone where 41,235 ft was approved on the final plans in the 20 2023 application. I have both. Steve

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said Paul Fox said 2021. Steve Julio says 2023 for me. No, wait a minute. >> 23 was the other application. >> Okay. So, we'll do 24 or

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it was a 2023 application when we approved it. >> Change the first application. >> The first application was in 23. Yes, Steve Bono said 2023 Paul Fox says 2024

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>> and we're 31,938 square feet is now proposed under the current application but the 41,000 as you stated in your summary 41,390 is the application in 23.

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>> Okay, that's so it's got to be >> Yeah. >> Yeah. >> box. >> So that's 23 B. Disturbance of steep slopes in the 15 to 25% steep slope category. A maximum slope disturbance shall not exceed the greater of 20% of the slope category

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area or 1,000 ft where slope disturbance of 5,438 ft is proposed. C. Disturbance of steep slopes in the 25 and over steep slope category. A maximum slope disturbance shall not exceed 500 ft and where a slope disturbance of 943 ft is

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proposed. D. lot area where 435,600 ft² is required and and where 40 411,226 ft exists. E front yard set back to the principal dwelling where a setback of 125 ft is required where a setback of 47.2 ft

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exists. Lot conformity where this existing lot is non-conforming with regard to lot's shape where a lot circle with a diameter of 475 ft is required to fit within the lot and where the maximum lot shaped circle that can fit within the subject property is 376.9 ft

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eight. Gregory Tusar the applicant and owner of the subject property testified on behalf of the application. Mr. Tusar stated that he is a 25-y year resident of Burnersville. and proceeded to explain to the board the proposed single family house renovations and other changes to subject property. His comments were also were consistent with

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the facts previously set forth in this resolution. Mr. Tusar also stated that is his intention to renovate the personal structure to how it looked at the turn of the last century. N James Madson, the licensed engineer, testified on behalf of the application. Mr. Madson indicated that he and his firm prepared the variance plan for the subject

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property and proceeded to describe the renovations that were being proposed for both the house and the site as well. The witness noted that the maximum permitted lot coverage continues to be reduced, although still exceeding what is permitted in the zone. Reviewing drawings of the proposed renovations to the main structure, the witness

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indicated that his goal was to convert the exterior of the house to how it looked at the turn of the last century. The witness also indicated that the existing foundation will be utilized after determining that it is structurally sound. Mr. Matson also stated that both he and Mr. Tusar reviewed the reports of the B board consultant center in agreement with the

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comments set forth therein. 10. William Peele, a land use planner and environmental engineer, testified on behalf of the application. The witness discussed the variance relief that the applicant was requesting, specifically lot coverage and steep slopes. Mr. Peele noted the applicant will be introducing significant landscaping to the subject property in order to minimize steep

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slope issues. And the witness also noted that lot coverage, although still excessive in this zone, has again been significantly reduced in attempt to bring it more into conformity. The witness indicated that no DP approval is required for this application and further relocating the swimming pool and patios closer to the main house is

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beneficial in practical sense and up moving the swimming pool and patios further away from any wetlands. In discussing the variance relief being requested, Mr. Appeals stated that several subp paragraphs under NJSA405D-2, specifically subp paragraphs C, E, I,

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and J, were satisfied, and he offered his opinion that the requested relief was consistent with general welfare requirements of the statute. Because of the size of the property and the fact that it has always been in single family residential use, the witness observed that no substantial negative impacts that would result by granting of this of the relief being sought. The

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modernization of the main dwelling and the relocation of removal of various amenities on the property will result in better efficiency with the positive aspects appro approving this application far outweighing any negative impacts. 11. No members of the public commented either in favor of or in opposition to the application. Conclusions of law.

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Whereas pursuant to the municipal land use laws specifically NJSA40 called 55D-7 C1 and two the more bay grant relief from the strict application of any zoning regulation where because of the conditions specifically affecting a piece of property is set forth in statute the strict application of such regulation would result in peculiar and

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exceptional practical difficulties to or exceptional undue hardship upon the developer of such property or where the purpose of municipal land use law is set forth in NJSA40 55D-2 [clears throat] at SSAC would be advanced by a deviation from the zoning ordinance requirements and the benefits of such deviation would substantially outweigh any detriment.

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Based upon the testimony evidence presented, the board finds that the applicant has met the requirements of the granting variance relief as set forth during the hearing of this application. The request of relief, the relief requested by the applicant appears appropriate and reasonable given the nature and size of the residential lots in this zone. The board is of the view that the subject submitted plans

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are proper and have resulted in an attractive project with the exterior of the main dwelling being returned to the architectural style at the turn of the last century. The applicant seeks approval to add attractive elements to the subject property, relocate the pool and patio area closer to the main dwelling and continue to reduce the amount of impervious coverage on the

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site which will enhance the subject property and the area. Whereas in order to grant dimensional variance relief, NJSA405D-70 requires that no variance or other relief may be granted without showing us that such variance or other relief can be granted without substantial detriment to the public good and will not

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substantially impair the intent and purpose of the master plan and zoning ordinances. In this regard, the board's the opinion that the applicant has met this burden for the reasons set forth and by this resolution as setified due during the hearings and has commented upon by the board. Specifically, the construction and renovations that will take place could be considered normal

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and customary improvements to a single family residence in this neighborhood. The dimensional deficiencies that the applicant is seeking relief with regard to steep slopes and impervious coverage will be mitigated by the significant plannings proposed by the applicant. Further, the board notes that the impervious coverage continues to be

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mitigated by further reduction. Although the applicant still exceeds the impervious coverage requirements in the zone, the amount of the deficiency continues to be reduced, which is a positive aspect. In essence, the modifications to the principal dwelling, the site itself are attractive, unique, and appear sensitive to the character [clears throat] of the neighborhood and

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its history. Now therefore be it resolved having reviewed the application and considering the impacts of the proposal on the bureau and its residents and having determined whether the proposal is in furtherance of municipal land use law and JSA45 40 455U-2 at sect and the laws of the bureau and whether the proposal produced the early

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development of the site and the general area in which it's located. The board concludes that good cause has been shown to grant the conventional variance of leak requested by the applicant. Further resolved by the zoning board of adjustment of the B of Burnsville County Somerset State of New Jersey on the 20th day of July upon the appropriate motion made and seconded that the application

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of Gregory Tousar is hereby granted subject to following those terms and conditions. One, the applicant shall be bound by the testimony plan submitted with this application. However, in event the plans need to be revised pursuant to the recommendations comments by the board and the board consultants. Same shall be properly completed and submitted to board. Two, the requested

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provincial bearings were set as set forth in the body of this resolution are granted for the reasons set forth within. Three, except for specifically modified by the by this resolution, the applicant shall be bound by the recommendations contained in all the letter reports and memorandum of the board consultants and bur advisory committees. Four, prior to the issuance

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of any permits, the zoning officer and board engineer shall review and approve all plans submitted by the five, there shall be no significant changes to plans unless approved by the board. Six. The applicant shall pay in a timely manner all outstanding and future fees and escro charges and shall post all performance and maintenance guarantees in connection with the review of this

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application prior and subsequent to the approval of this application. Seven, upon completion of the improvements and prior to the issuance of a certificate occupancy and asbuilt survey and an asbuilt calculation of the block coverage shall be submitted to demonstrate compliance with board approval. Eight, the applicant shall be

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shall submit proof of payment of all real estate tax property. Nine, the applicant shall be responsible for the obtaining of any other approvals or permits from other governmental agencies that may require by law. And the applicant shall comply with all requirements or conditions such approvals of permits including but not limited to the misal compliance of any

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low and moder housing regulation. If however compliance with any other conditions result plan that differs from one approved by the board herein, the applicant shall return to the board for all appropriate relief. 10. Prior to the issuance of a building permit, applicant shall submit final variance plans if necessary containing all required addictions and corrections for the

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review and approval by the board engineer. When so approved, the applicant shall file six copies of final plans of the board of engineer for signature and transmission of the board's administrative officer 11. The applicant shall be bound by all exhibits introduced. All representations made and all testimony given before the board at its meeting of June 1st, 2026.

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Anybody have any other additions or corrections to the resolution? >> Uh I'll make a motion to approve with that change that you had discussed. Is there second? Roll call, please.

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>> Mr. Dela, >> Mr. >> Yes. >> Mr. McDow. >> Yes. >> Mr. >> Yes. >> And Mr. >> Yes. >> Okay. So, the matter of Mount Area holding 161

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to 163. Whereas an application appealing the decision of an administrative officer pursuant to NJSA405D-7A [clears throat] and local ordinance section LD-3-10.1 has been filed by Malin Area Holdings LLC here and after it designated the

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applicant to the Burough Burnersville Zoning Board of Adjustment here and after it designated the board for property located at 161-163 Mount Air Road, Bernersville, New Jersey and more specifically known as block 19, lot 7 on the tax happen Burnersville here after

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designated the bur of Summers County, New Jersey with the subject property having been issued a certificate of nonconformity by resolution dated April 21st, 2022, application number 21-12. And whereas the applicant has submitted an application to board stating that its proposed use of the subject property is

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a continuation previously certified non-conforming use. And whereas a public hearing was held before the board on May 18, 2026 with regard to this application and whereas the board has heard the testimony and evidence presented by the applicant witnesses consultants and with the public having had a full opportunity to participate and whereas the applicant

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filed proof that notice of the hearing was given as required by NBSA45D-12 and whereas complete application has been filed to increase fees require Somerset state of New Jersey on the 20th day of July 2026 made the following finding conclusions regard the

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application findings and facts. One, the applicant provided adequate notice of the application and the hearing in accordance with statute. Two, the applicant was represented by Steven M. Merman Esquire. Three from a review of the application and attachments tax map and zoning map the subject property. Aerial photographs of the subject

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property prior to zoning board resolution which was memorialized in April of 2022. A letter from the applicant's attorney dated January 23rd, 2026. A planning review memorandum of the board's planning consultants dated March 5th, 2026. A denial of application for the

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Bernardville zoning officer dated January 7th, 2026. And from the testimony exhibits at the hearing, it would appear that the applicant has applied for a change of occupancy. As previously stated, in 2022, the board of adjustment issued a certificate of nonconformity

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and utility company specializing in aviation lighting systems for installation of various runway and taxiway. Federal Aviation Administration certified lighting systems, including infrastructure, underground distribution systems, and mid-Voltage substation distribution electrical equipment. The applicant is now proposing storage of

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electrical materials, aviation lighting equipment, and cargo vans, flatbeds, stake mounted body trucks, and excavation equipment such as back hoes and trenches. For Denise Farardo, the zoning officer of Burough Bernacle, testified with regard to her a decision to deny the application. It was her opinion that the proposed use as

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outlined substantially differed from the prior non-conforming use and requires the application board of adjustment for further relief. It was indicated by the witness that the prior owner was basically in the residential home construction business which in the opinion of the witness was a lighter use than what was now being proposed. Miss

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Farardo offered her opinion that this was an increase in intensity which required use variance relief that can only be granted by the board. Five. Anthony Gallerano, a licensed engineer and land use planner, testified on behalf of the application. Mr. Gallerano, provided the board with a

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copy of the tax map/Zoning map and aerial photographs of subject property. The witness stated that subject property was approximately 1.7 acres in size and that the primary use of the subject property both then and now was for equipment storage with the witness described as a fluid use. In other words, equipment is constantly coming

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into and going out of the site. It was Mr. Gallerano's opinion as a land use planner and engineer that no additional board approvals would be needed for the proposed use at this point in time. Six Lewis A Dio and Lewis Senior and Lewis A

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Dilio Jr. testified on behalf of the application. The witnesses represented the tenant of the property Conell Electric Inc. and also the managing partner of the owner of the property. The witnesses dedicated that they are seeking to move their entire business to the burrow and Mr. D'Amelio senior

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stated that he has lived in the bureau for over 30 years would like to relocate to stated that a phase one environmental study is currently underway and that when approved the applicant will be able to provide more landscaping and [clears throat] fencing surrounding the property. It was the opinion of the witnesses that the use that is being

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proposed would be of similar intensity as the prior use which received a certificate of nonconformity. It was stated that the current owner's business involved involves retooling and maintenance of aviation equipment including aviation lighting and wires which they would store on site. It was also stated that approximately 90% of

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their business is with New York airport in terms of aviation lighting issues. It's also stated the business will be in operation from 7:00 a.m. to 6:00 p.m. Monday through Friday and 80 employees are anticipated to be on the premises at any given time. Seven. Allison Fehee, the board land use planner commented

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with regard to the application and recommended the applicant be allowed to continue the protected use. Miss Fezy stated that the phrase construction yard was not specifically defined in the ordinance of the burough and because of this where what the applicant appears to be proposing is a use very similar to

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what the board had previously confirmed. Miss Facey also stated that in the event board the plans for the site change and become more intense, the applicant would need to return to the board for all appropriate approval. Eight. Four members of the public comment with regard to this application have expressed concern regarding impacts of

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their neighborhood environmental issue. Conclusion of law. Whereas pursuant to the management for land use law specifically NJSA4 column 55D-7A the board has the authority to hear and decide appeals where it is alleged by an applicant that there is an error in any order requirement decision or refusal

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made by an administrative officer based on or made in the enforcement of the zoning ordinance and whereas based upon the testimony and evidence presented including a review of the application attachments prior resolution and the planning review memorandum as provided by the board planner. It would appear to the board that if the applicant meets

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the lawful requirements of continuing to use the subject property as a construction yard as described and appears consistent with the prior approval of the subject property as a pre-existing non-conforming use and whereas the board is of the opinion that the use as spec specifically proposed by

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the applicant for the subject property should continue. Now therefore be it resolved having reviewed the application and testimony and evidence presented is determination of the board that the belief sought by the applicant pursuit to NJSA4 55D7A is hereby approved and that the determination of the zoning

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officer is hereby reversed [clears throat] for the reasons set forth herein be it further resolved by the zoning board of adjustment of Burough Burnville County Somerset state New Jersey on the 20th day of July 2026 upon the appropriate motion made and seconded that the appeal of Mount Area Holdings LLC be granted and the

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determination of the zoning officer is hereby reversed. The reason set forth herein and subject the following conditions. One, as stated by the applicant, the hours of operation for the site shall be 7:00 a.m. to 6 p.m. Monday to Friday. Two, all storage and and renovations regarding the subject property shall take place

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indoors until such time as the board is presented with a formal site plan indicating specific outdoor areas of the property that will be utilized for storage. This site plan shall be provided to the board and board consultants within 6 months from the date of the memoriz memorialization of this resolution. Three, the applicant

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shall submit proof of payment of all real estate taxes from property. Four, as agreed to by the applicant, the applicant shall pay in a title manner all outstanding and future fees and escort charges post performance guarantees in connection with review of this application prior and subsequent to the approval of this application. Five, the

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applicant shall be responsible the obtaining of any other approvals or permits from other governmental agencies that be required by law and the applicant shall comply with any requirements or conditions such approvals or permits. If however compliance with other conditions will result in a plan that differs from the one approved by the board herein, the applicant shall return to the board for

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all appropriate relief. Six, the applicant shall submit a copy of this resolution with accompanying documentation to verify the satisfaction of each condition stated herein. Seven, the applicant shall be bound by all exhibits introduced, all representations made, all testimony given before the

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board at its meeting of May 18, 2026. Any up any changes or comments on the resolution? >> I got other guys helping. Yes, that's a matter. >> Okay, >> change. >> Do I hear a motion?

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>> I second. >> Roll call, please. >> Yeah. >> Yes. >> Mr. >> Yes. >> Yeah. Okay, that business is out of the way.

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We move on to public hearing. Steve Davey's RBC associates application. >> I will comment that there are only five board members here tonight. We [laughter] >> okay. We're all on the same page. So we,

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you know, look at the time and see if we even >> Okay. Good evening, chairman, members of the board. I'm Robert Faulkinson, the law of Steven Cinei. Can everybody hear me? All right. >> That's only for recording. We shut off the speakers. >> Oh, okay. Yeah. Yeah. No, I just mean

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like this. Is this on? >> It should be. Denise, did you turn that one off? Yeah. >> Yep. >> Okay, great. Right. >> This is a continued hearing concerning 37 Morristown Road block 125 lot 8

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located within the downtown floor DC subd district property is a former gas st gas service station that was later developed with a standalone ATM driveway loop related pavement. The applicant is proposing to replace that obsolete automobile related condition with an 8

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unit multifamily residential building consisting of seven one-bedroom units, one two-bedroom unit with two residential floors at an atgrade open air parking lot. The multif family residential use is permitted within the downtown core. The principal relief

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sought is a D5 density variance together with the related bulk and design relief resulting from the unusual size, shape, and frontage and conditions of this constrained infill property. Since the prior hearings, the applicant reduced the project from 10 units to eight.

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Importantly, although the overall unit count was reduced, the applica eliminated two market rate units while retaining required two affordable units as part of the that we originally proposed with the 10 unit inclusionary development, thereby continuing to support the burrow's affordable housing

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obligation. The revised project therefore consists of six market rate units and two affordable rate units, resulting in a 25% affordable set aside. The applicants also made substantial revisions of the architectural engineering, parking, circulation, and storm order plans that were previously

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submitted with the uh 10 unit application. The rise project provides 13 physical parking spaces, including required EV and accessible spaces and incorporates a separate one-way ingress and egress meetings. This evening, the applicants from

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professionals will address the latest review letters and respond directly to the questions concerning the architectural site construction, drainage, environmental conditions, and emergency access and statutory criteria for the requested relief. The applicant has also obtained a written response

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from its LSRP, which we previously submitted, and we obtained a additional one related to the comments we just received. He was unable to explain it but we did respond to the uh engineers review letter related to the uh remediation in the story and we will

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present that to our engineers test with that we'd like to proceed with our >> Mr. Faulen Stern uh if I may you were here on February 2nd. >> Yes. >> At that time we swore in your architect. >> That's it. >> Or Lennis. >> Yes.

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>> I mean yes she's here. Okay. [clears throat] Um, you were sworn in. If you testify tonight, you're still under oath. And I had two exhibits marked, A1 and A2. So that's A1 was colorized rendering of the front exterior. A2 was the revised rendering

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of the front elevation. Um, so any new exhibits pick up at A3. Apologize for your first. That's it. >> Call it first witness. Mr. Eric is our

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project AR engineer. >> How many witnesses do you propose tonight? >> We have uh four here, but I realistically luck it. >> Okay. And that would be your architect, >> architect, engineer, traffic engineer.

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Thank you. >> You can raise your right hand hands please, sir, when you're ready. With regard to this application, do you swear the testimony you're about to give someone the truth? >> Yes, I do. >> Could you state your name and spell your last name, please? >> Eric.

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[clears throat] >> Excuse me. R U P N A R A I N. >> Is Eric with a C or a K? >> C. >> Eric. And it's R U P N A. >> R A I N. Done. Thank you.

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Thank you. Certainly. >> Oh, we need to qualify for it. >> Yes, you were doing that. >> Yeah. Yeah. >> Okay. >> You have, >> right? >> I am a licensed professional engineer in the states of New Jersey and

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Pennsylvania. I've been licensed in New Jersey since 2003 and in Pennsylvania since about what makes 1910, I believe. >> Is your license in standing? >> Yes, in both states. And have you testified for more land use for the Florida City?

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>> Yes. >> Believe so. It's me again. >> And have you been qualified as an expert for Florida playing sports in the state of New Jersey? >> Yes. >> And approximately how many times have you testified? >> Uh several hundreds. >> And how long have you been associated

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with your firm? >> Uh about 29 years. >> And you've worked on comparable engineering projects in one night. >> Yes. some more that we offer >> accepted. Thank you. >> Can you please briefly describe your scope of engagement as you respect this

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project? >> So my firm was retained to perform a boundary of graphic survey of the property in preparation of site plan for redevelopment of this site. Um, we completed the survey work and we the plan the board has the site plan set that the board had prepared by my office

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under my supervision and physically inspected the property performing data. >> Yes. >> And we're going to show you summarizing Would you prepare those files? >> I did. >> Yes.

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>> And these bindings are the same previously submitted to >> correct. A3. >> Thank you. >> Well, if we have them, they were submitted. We shouldn't have to mark them. >> If we have them, >> we got the revised plans, then we don't

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need to mark them. Yep. >> If you do have this in a smaller >> um this is a direct copy of the public waiver, but that's a larger scale, direct.

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back. Got it. Got it. We're good. We're good. >> Can you just tell us a few minutes? >> Let me just describe what is >> Can I just interject before you get started? >> Uh go back to the survey. You indicated that you it was prepared under your

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supervision, but you're not a licensed surve. >> Not the survey, but the survey will be carried by New Orleans. Who prepared survey? You have a licensed surveyor in the office as the additional

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certify perform was it just that it forgot. just explain what that means. >> So the server is his actual name and license number is on a separate layer within the gas software and as part of

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the layer turned off essentially these drawings when they're prepped. It's one file. It provides multiple abilities where you can turn things on and off. And anyone I'm sure who used auto, but some of these things just end up on a layer that is not supposed to. And

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sometimes it ends up on a layer that you can see on your screen and when you print it doesn't show up because it's stagnant. And so the final documents that get submitted to board that signature will be there. >> Yes. Okay.

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>> All right. Then we'll go through the so what I have mounted here this is just an overall aerial photograph of the property and the surrounding area what I've shown in the highlighted that's the boundary

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and to the to the west of us this is the main messiah so that didn't work. That is embedding there. And essentially this the intent at this point is just to give the board a little where the

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property is located and effectively what's around us. And as you can see the area is fully developed around 650 property. Just identify the state of the plan. The next sheet that I have now that this

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is sheet number four of the plan set and this is the site. This sheet shows how the property will be laid out with regard to building. Now what we have here

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are building this lighter faded area overall of the building. If you're looking at a building, this is what you would see in terms of the legal area of the building. That's this lighter shaded area. This darker

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shaded area, that's the part of the building that's going to be in the basement. And within that basement level, that's where the utility room is going to be that houses all of the fire protection, backers, and so forth. One >> second, Mr. Chairman. I think it would

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be good if you up the handheld microphone. >> Oh, yeah. Let me grab that mic. >> New system just to make sure that you're getting picked up. >> Thank you. Um

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so the layout that we developed for this particular property given the constraints that we have is the applicant is proposing two driveways. Um the first driveway will be the ingrris driveway and that's located on the west pulley side of the property and then the second driveway which would which will

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be the exit driveway is located on the east side of the property. The way the site has been designed is that traffic entering um entering the parking area turns right into the first driveway, proceed through

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and under the building, and then when traffic needs to exit, they'll exit through this east through the east driveway, and they can go either left or right onto Route 202. This layout provides a total of 14 parking spaces, actual parking spaces,

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not including the EV for it. Um, we're showing two EV parking spaces which will be located in this southeasterly corner. And then the third EV parking that's being proposed is located adjacent to the proposed handicap parking space.

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Under the current requirements for 1 to 25 parking spaces, one handicap parking space that's van accessible has to be provided. Um, we are providing one man accessible handicap parking space that's located directly to the west of

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the lobby area. And then the parking space that's identified as number 13, that parking space is EV ready. It's going to be signed as handicap accessible, but it's not going to be signed as a handicap parking space. Uh, the burrow's engineer has requested

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additional signage regarding that this should be the last empty space to be utilized. the applicant will certainly comply with those requirements. Um, >> can I can I ask a question? >> Certainly. >> So, there's an area of the rendering

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that is unshaded. Does that mean there's no roof above that? >> Correct. >> Okay. >> All of the parking spaces that are proposed conventional parking spaces are 9 by8 and comply with RSIS. In addition to the parking spaces,

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the aisle through the prop through the parking area at the narrowest point which is adjacent to the lobby area is about 22.1 ft. Um the remainder of the aisle as you move towards either the exit or closer

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towards the ingress the aisle increases in width. The way we anticipate this project and this property functioning for loading and unloading, what we have done is in laying out the parking and the access in the building, we've ensured that a

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trash truck can actually enter the property, circulate through and a typical trash truck is about 30 32 33 ft long. That truck can enter the parking area and then exit without the need for backing up or any other types of

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maneuvering under the building. The ordinance requires a typical loading zone. The applicant is not proposing a loading zone for this particular project given the size of the project. Um what we have done is with the one-way circulation

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any loading typically Amazon, FedEx, UPS, USPS, any type of deliveries that might occur utilizing those types of services, they're generally on site for a few minutes, maybe 5 minutes, perhaps 10 minutes at the most. Um what we anticipate is that they would enter the

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property, enter the parking area. They could stop adjacent to the lobby entrance. The width in that area is about 22 ft. Most trucks are going to be less than 8 ft wide. Most delivery vehicles are less than 8 ft wide. [sighs]

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That provides at least depending upon how close to the building they park approximately 12 to 14 ft which would allow traffic to continue to move through the facility without anyone being impacted. The only potential impact that we might have is someone that's potentially parked in one of

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these parking spaces while the truck is stopped to lo on load or load. Um essentially that's how we anticipate the layout of the property functioning. Now to back to the parking notice the applicant is are they going to assign the spaces to the tenants or are they

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going to be do you know what the applicant's proposing? >> So what we anticipate currently is that with the eight units that are being proposed eight parking space or one for each unit will be assigned the remaining 14 parking spaces that we have I'm sorry remaining six parking spaces that'll be

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available for additional um tenants and or visitors that would utilize the property. And the final sheet that I have mounted. >> Yes. >> Have you considered in those six extra spaces a layout or potential design for

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where moving truck could do their loading and then fold? In other words, you're saying there's you're you have six extra spaces. with the extra is there a way to somehow incorporate with inside those extra spaces a a loading

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zone so it would be out of the way of the traffic in in the interior. >> So the parking spaces are not necessarily extra parking spaces under the parking requirements of RSIS. We're providing um I believe it's 19 parking spaces that's required.

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I'm sorry. 17 that's required and taking credit for the EV, we're providing the minimum number that's required. If we were to designate one of those parking spaces for deliveries, then the applicant will be short parking space. >> So there's no extra to be correct to the

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public. >> Correct. >> Okay. The other question is how would uh moving trucks get handled given that um people have to people move in people move out. >> So moving will have to be coordinated

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with the um uh the fac the manager of the building. Um typically we will have what we anticipate is to have designated times when moving trucks can come onto the property. Again, box trucks can enter the property and navigate through, but typical tractor trailer would not be

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able to enter the property. Any deliveries or moving in or out that requires that type is going to require some other off-site provision, but we anticipate coordinating any moving in or out of the property with the building manager.

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>> And where will the building manager be located? Um we haven't worked out who who will actually or where the office will be but it we don't anticipate any on-site manager. >> Okay. So all of the residents will need to know if they have to reach out to the

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building manager to keep things like that. >> Certainly. And that can be incorporated into any lease agreement. >> Are you anticipating on-site or off-site management? I from what you said offsite. >> Yeah. So it's offsite there. >> Yes. >> Okay.

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>> And the final plan that I have mounted is this is the grading and utility plan and this is sheet number five of the plan set. And again this plan shaded area is the building or the roof portion of the building. The open area that we have uh

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this is these are areas of the parking that's open to the air. What this plan shows, it shows the configuration of the drainage system and the other improvements that needs to be constructed as part of this development. In accordance with the ordinance, we're

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proposing to construct a dry well within this southerntherly portion of the property. And the drywall is going to be constructed using clean stones and perforated pipe. All of the roof leaders, all of the down south through the building will be interconnected

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through underground piping and will discharge directly into the drywall. Um any runoff collected by the drywall is going to infiltrate into the ground. Excess runoff. What we created was provision that any excess runoff can essentially flow out of the drywall

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through the graded manhole and then across the parking area into the railroad um property. Presently runoff from this property all goes in a southerntherly direction into the railroad property. Um the burrows engineer did have some recommendation regarding reconfiguration and

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redesigning the overflow and the applicant is certainly amanable to making those plan revisions. In addition to the dry well um the area the entire area along the southerntherly property line beyond our track. This

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consists of relatively steep slopes about 2 to one depending upon where you are. Um that property is all controlled by New Jersey Transit. In order to prevent eron from actually leaving the property, there is a guide rail system

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that we're proposing. And the way I anticipated that system functioning is a grade is a grade beam which would be constructed within our property completely within our property. And to that grade beam, conventional uh steel guide rails can be attached. Um there's

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some recommendation from the Burough's engineer regarding redesigning the guide rail system. We're certainly open to making other plan revisions um instead of that beam guide rail setup. We could extend a parapit wall which would be a part of the great beam system and

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that'll provide um even within that system openings can be created at the base typically somewhat the way you would see New Jersey barriers within a divided highway where there's opening at the bottom that allow water to pass through

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within that situ that type of um system we could actually create these openings which would allow excess storm runoff to flow across the dock and into the New defensive um property. >> So important question. Why did you chose

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the the the building close to the highway? Why did you shut it back more? [clears throat] >> So the layout of the building with and I'll defer to the architect regarding how the interior parts of the building

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from the stair tower and the lobby area in order to get traffic to circulate through the property. We try to create as conforming of an island as we could possibly create and anything less than 20 ft doesn't function properly. Um, if the board

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might remember, the original rendition of the site lane created a drive aisle that was slightly more than 20 ft and it becomes very cumbersome for farms to get into and out of the parking spaces. So, if the building were to move back, the need for a secondary means of

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ingress or two stair towers on the property actually brings the lobby area and the stair tower closer together, which gets us back to what we had originally, a relatively tight parking area. Unless you put one of the stair towers

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in the furthest westerly corner, which would be your biggest area for your radius and then you could shrink the building back off the front. >> Um, I'll defer that to the architect as to how we perhaps reconfigure the building.

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>> I may have missed it. You were saying now you can get like FedEx trucks, EPS trucks, all that. They can pull them. But like when somebody moves in and they have like a semi full of furniture, they can't pull in. So where are they going to unload? >> So that type of delivery is going to have to be coordinated with the manager

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that we clearly cannot accommodate um any type of tractor trailer on this property and we're not allowed to double park on Morristown Road. >> The manager is not going to have any pole with anywhere else but they're going to say park and wheel it down the road.

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What we do anticipate is that given the limitation of the types of truck that can enter the property that any deliveries will have to be coordinated with whoever the supplier is be it like the furniture store that they cannot deliver using factory.

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your moving company's going to have to take the tractor trailer, take it apart, break it down, >> break it down, put it in box trucks, and deliver it in box trucks. >> So, it's a multi-stage move. Make people real happy. Um,

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I'm concerned about the uh storm water management and I I read Steve's report, our engineer. Um, I'm concerned about the size of the of the storm water management. uh what is it designed to handle? Is it designed to

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handle the 20-year storm, the 100-year storm? What what is it designed for? And uh also the discharge. The other thing that I'm very concerned about is the parking area along the back wall.

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You're talking about this guide beam. I don't know anything about it. I don't know what it's designed to to hold up, but I can envision somebody hitting the gas instead of the brake when they're parking and driving a car right through the wall and then it goes down and

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hopefully not when a train's going by. >> So, um I would want the the back wall to be as strong as what we have on our highways >> so that somebody can hit it with a car at full force and it doesn't move.

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I don't know how to do that, but can you handle that? >> Yes, because so guide rails, there are sever several different ways that you can construct guide rail. Um, sometimes guide rails on the side of a bridge, for instance, the actual beams or the column

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and the beams, the post is bolted into the side of the deck. Um you might seen you may have seen some of the guide rails where you actually have base plates that are part of the post that's bolted in to the actual concrete decking. Um that's one way to handle it.

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That's the way we anticipated this functioning. Now acknowledging the burrows engineers his recommendation is not to do it that way and we're fine changing it to actually extend essentially what would be a parapit wall vertically from that beam um from that

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grade beam that would extend above the surface. um the parapit ball, that type of situation, all of the reinforcement is continuous. The actual foundation or the footing, which would be the grade beam, the reinforcement that's in that is continuous with the power pit. So

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essentially, if you were to hit it at whatever velocity you might be able to accelerate through the 80 ft, I believe is what we have. at whatever that velocity is, there's continuous reinforcement horizontally and vertically that it's virtually impossible

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for you to break completely through it. You would have to be moving at a very significant velocity in order for that to happen. >> I could see where somebody could, you know, mistakenly hit the gas and be 20 or 30 mph by the time they get to the wall. So, as long as it can handle that, um, do you have any analyses that show

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that? Um, we haven't done any analysis on actually designing that system yet, but as part of any approval that the board may grant, we certainly provide the board and the bureau of engineer. >> Yeah, I think there needs to be some structural analysis done for that. >> No, certainly we could provide that >> because there's there's a train down

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there to have people on it. So, >> I'd want to be sure that back to the storm water management. >> So, this project by definition, it's not a major storm water management. So we're not designing for the 10 year or the 25 year or the year storm. It's a minor

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storm water project under the Bur's ordinance. What we have designed the project for is 3 in fall. The board's engineer recommended a safety factor of 50%. So instead of designing it for 3 in of rainfall, it's actually designed for 4 and a half

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inches of rainfall, which is slightly less than the 10ear storm. >> Well, it's over the increase in this area. >> Correct. So that's not taking into account uh you know the existing program just over the increase of the permits.

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So what what they're proposing now above what exists is what they're storing back on the floor. >> But what exists is going to be thrown away when they excavate the site. >> Yeah. effectively they're taking credit for the for the existing improvements

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area which normally is something that would be done. >> So they're taking credit. So they're saying that the you're saying that you only need to take recover 4 and 12 in for the increase in impervious and the current impervious is just a simple

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driveway. It's not covering the whole site. So very I mean, it's fairly substantial driveway considering the size of the site, but um so you're only pick you're only doing impervious cover. You're only reclaiming

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impervious coverage for the areas that currently are not impervious. >> Yes. >> I think you need to do the whole site. You're covering the whole site with concrete and mechan. You need to do the whole site.

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and also be able to control the water that goes over so that you eat it as you testified so it doesn't underbend your grave beam and to affect that 40ft slope that goes down to the railroad trail. So that's that's a significant that's a

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significant more water retention than you're showing in this plan. You might have to do the whole site if this if what you shown is only is what's not impervious. Now >> do you have the uh existing conditions

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on board or >> it's in the place? >> Yeah. Adam G3. He can reach out to What is this? So this is a copy of the survey that my

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office prepared. This is sheet three of the site. Um this one has the signature to serve here and the license stumble on it. Um and essentially what we have right now on the property, it's a fairly wide loop

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driveway um that used to function I believe for the ATM. to the bank ATM that used to be on the property and all of this non-shaded area within the property. That's all of the area currently that's pvious on that either has grass or some other type of vegetation in it.

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>> What is the existing impervious cover down? So currently there's about 31 thou 3113 ft of improvia surface on the property and the applicant's proposal will

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increase that coverage to approximately 7288 square ft. So we're slightly more than doubling the amount of improved surface on the property. and and what is proposed is to capture

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your calculations are based on just the >> increase >> increase right so I understand where your concern is coming >> the 72us >> kind of playing with numbers a little bit >> and the current the the driveway that's

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there I don't know what storm manage storm water management exists for it if because it was put in long time ago, like 20 years ago. >> Um I don't know what I don't know if

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there is any storm water management other than the water drains into the street because it's a drive. >> I don't know. So >> yeah, there there's an existing surface facing at the rear. It'd be either rear southernly southwest

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a depression that overflows forever. Yeah, I don't think it's a basin per se. I know there's some stone in that area. >> Uh that that was a drainage control system. >> And I'm just I'm just taking another look at their report. What they're actually doing is storing for the

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greater of the 3 in of runoff from the increase or the proposed roof area. In this case, the proposed roof area. and use a three inches run off plus one and a half safety pack and put the four and a half inches off the roof area

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since that was um provided a greater runoff line versus just using 3 in over the interface. >> So they're doing the roof area >> doing the roof area >> which is everything but those half a dozen parking places. So increasing this the storm water

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management to pick up a half a dozen parking places or whatever the number is is not that great at least pretty >> no I I I >> yeah I think that's something that the engineer should be able to [clears throat] incorporate into their design >> pretty easily.

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>> Yeah. I mean it looks like I've got enough room within the parking area itself that we could expand the drywall system to account for the addition of parking spaces. >> Yeah. I think you should pick up all of them. >> New construct and you should pick up all

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of them. >> Okay. Now, can you walk them through just how storm water will flow into the site and out of the site? So what we anticipate is with the building and the roof system all of the gutters we've got this

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the dash line the dash lines the heavy dash lines that are shown those are proposed underground drainage pipes that'll tie all of the root down spouts together and then discharge into the dry well. Um, the way we've designed

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the drywall is that there's going to be a manhole essentially that all of the water comes into from that manhole. There's a perforated pipe that extends the width of the drywall that then take the water that's collected within that manhole and spreads it out through the scone layer. Um, essentially the manhole

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becomes a mechanism where if there's any debris that gets washed into the system, we have the ability to open it up and then remove the debris out of that um from that area. And that's essentially how the drywall will function. >> And when it over tops, where does the

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water go? >> So presently, all of the water without anything on the property, it all essentially overflows into the railroad property. Once this system fills up, the water will continue down into the railroad property. >> Where's the discharge for that?

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>> So the way we set this up is that instead of using a solid grate for the manhole itself, it's a graded lid. So as that system fills up, the water bubbles out rails set up so that it gives the water a means to get off of the property. Um

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the other scenario regarding the parapit wall, we'll create openings along the base of the wall which will still allow the water to enter or leave the property and then enter the railroads property. So with a heavy enough storm, have you seen the videos from the storm

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last week in like Jersey City where the water is just squirting out of the manholes? So if you happen to have that parking place on top of the manhole, your bottom of your car gets washed. >> I don't think we're going to have quite

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that volume or velocity of water. Um, it's we've got about four and a half inches of rainfall. Even with the enlarged drywall, we'll be able to store four and a half inches, >> an inch and a half. It does overflow where could you just show how where the

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water travel maybe the grades of the site would help that? it essentially when the system overflows the water is going to continue down in a southerntherly direction and into the railroads property. Um, so if it if it's an >> in this this where you the large circle

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the large dark circle that's a great >> yes. >> Yeah. So if there happens to be a lot of velocity where parked on top of it maybe at the bottom of the car gets washed. >> Well is the the railroad property sits below our property. So the water

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point is >> correct. Back to David's point with regards to the calculation to do the entire will you not will you in let's make it simple will you increase your stone your

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riverbed stone or use the surface of the parking lot considering the discharge from your grade will that be part of your calculation in other words satisfying the overflow or will you satisfy the overflow under the ground >> yeah so we'll increase the size of the

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drywall because that the drywall is what provides us with the volutric storage that's needed for the entire project. >> The overflow one recommendation from uh the burrow's engineer is that with a solid parapit wall at the back, what we'll have to do is create openings at

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the base of the wall. So instead of right now the way this is designed, I've got one grate where the water comes out and overflows the parking area. Um the scenario that the board's engineer is suggesting is this great will still be used. Um with an expanded drywall, I may

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provide a second manhole. Um but it'll still function the same way. The system fills up, the water rises up, comes out of the grate, and then overflows the parking area into the railroads property. So are you saying from the

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a fully poured wall with in the with slots in it so that it would slightly run over down the down to the down the 40 ft down to the railroad property. That's what you're saying. >> Correct. So the dis so the discharge still would

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go still would go down into the railroads property at four and if you went over 4 and 1/2 in sized on the entire building like David was proposing. >> Correct. >> Correct. >> And would you be able to give us that

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calculation of let's say if it was a 5 1/2 in storm how much water would come into this parking lot that would come over the you know that would cascade over? Yes, we can certainly um amend the report in any future revisions to include that.

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>> Okay. >> Yes. >> And anything that doesn't overflow would percolate into the ground. >> Correct. >> Presumably. >> So that shoot that wall, that grade beam, will it be complete? In other words, what will be your finish

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on that? I know you're worried about the erosion from here to the railroad tracks. So, what will be your finish on this 40ft slope? What are you proposing? >> Rip wrap like 8 in rip wrap. >> They can't do anything with the slope. They don't own it. >> Well, that's right. They're on zero lot

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line. Okay. Sorry. >> Okay. So, >> have a good time. >> Okay. Got it. >> The grade beam is going to essentially right now the way the parking lot is graded is that the finished elevation along the back edge is the existing

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ground. So any water as it flows across excess runoff as it flows across the parking area just continues down slope into the railroad's property. >> So you have to have the little square notches whatever in the bottom of that wall to let the water out.

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>> Yes. >> Yeah. >> We have a pool. >> Exactly. 202 swimming pool. There we go. New amenity. [laughter] But to be clear with the design, you don't have an additional feature.

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>> Correct. >> Okay. >> Have you reached out to the railroad to see if there's anything you can do? >> Uh, we have not spoken to the railroad yet. >> You have any concern that with any overflow it could road be back and

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underline your river wall or be >> right now? I know there is some vegetation along the back of site within the railroads property. Um we don't really anticipate any problems there, but we'll certainly talk to the railroad to see if there's something that they

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would like us to do. >> How are you going to be able to construct the wall without touching the railroad's property? >> So, so in this particular setup, the actual grade beam is not sitting on the back property line. uh the only part of

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the structure the great beam is in about I believe it's about seven or eight inches from the property line. Um this type of construction generally just requires about 3 ft of excavation just to get us below the frost line. Um most excavation depending on the type of

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soils that you have you I've seen it where you could almost cut vertical walls. Um in relatively shallow depth I don't anticipate any issue regarding the great beam construction. Um, I don't think we're going deep enough where we're going to have an issue. >> Okay.

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>> It's concluded that you'll reach out to the railroad to see if because of the excess water that will be coming onto their property that what kind of improvements they would want to their property to prevent the undermining of your parking lot. >> Yes. >> Okay.

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Put all the pages of that. >> Yeah. Are there any other questions for the engineer? >> I have I got >> Okay, good. >> I know we've been discussing the drainage. I know you prepared a report

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called the hydraulic report prepared by you and revised through June 19th, 2026. Did you prepare that report? >> I did. >> And this this report was previously submitted to the board. Is that correct? >> Yes. Yeah. And could you please summarize the purpose of this report? The storm wanted water management system

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proposed for the site. >> So the report essentially documents the calculation in sizing the drywall system on 4 and a half inches of rainfall length area. It documents the various parameters that we use to figure out how much volume of runoff is generated by

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this property that we need to control. And in addition to that, it does have capacity analysis for the roof leader pipes um to show that we can get all of the water from the roof into the system. And that and your storm water report would comply with any NJPP requirements

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and regulations. >> Yes. >> Now I show you next a report entitled environmental condition evaluation for residential development prepared by LSRP consulting LLC and dated June 15, 2026. reviewed this report in connection with

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what you're seeing tonight. >> I did. >> I believe we submitted this to the board. So Mark, but could you just summarize your understandings and your discussions with the episode? >> So in preparation of the site plan with the understanding that we do have some contamination issue or previous contamination issues on the property, we

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wanted to make sure that a residential development was suitable and can be built. Also, given the fact that we're going to be infiltrating groundwater, we wanted to also make sure that we didn't have any issues regarding DAP's restrictions on the property that would prevent groundwater infiltration. I also

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spoke to the LSRP Keith, I believe it was on Friday, um, in regards to the revised plans and his conclusion is based on the current status of the property and the restrictions by NJ that residential construction is suitable and

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is not restricted on the property and the drywall system, the infiltration system that we're proposing, there's no restriction utilizing that type of system on the property >> and certainly with any redes design or you would coordinate with Keith the LSRP

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to confirm that these representation based on any new system would also comply with any environmental conditions. >> Yes. >> Now I show you the review the have you had the opportunity to review the board's engineer review correspondence

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dated July 16, 2026. >> I did. >> Now did you re review that members with with other members of the professional team? >> I did. And in response specifically since we're talking about the environmental, did you have the opportunity to review a letter from

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Keith uh Gagnon LSRP dated July 16, 2026? >> I did. >> We didn't have to. And do you know what the reason for this uh report was? Was it to respond to the engineers comments? >> Correct. Um, there were a couple of questions raised by the board's engineer

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in his review memo, and this letter from our LSRP addresses those concerns. >> Yes. >> A3 would be a letter from LSRP Consulting dating July 20th.

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the rest of the applicant. >> Could you briefly just summarize your understanding of this letter and then you discuss things you had on this? >> Yeah. So essentially this letter summarizes what I previously um testified to is that construction of a residential multif family building on

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this property that there is no restriction from NJT's perspective. Um addition to that that infiltration of groundwater is not going to exacerbate or create any additional contamination and we do not have any restriction on infiltration systems on this property.

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So is it accurate to state that infiltration would be permissible at this site? >> Yes. >> And that would comply in the understanding of the NGDB regulations and any environmental uh contamination on site? >> Yes. >> And do you know what Mr. Gagnon's

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finding as to the severity of the current uh conditions on site? So what he had indicated is that it's not dissipating or it's not reducing as much as they would anticipate. Um that additional monitoring and ongoing monitoring is going to be necessary um

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with this project. Um further testing as necessary or as required by Shell will have to be completed and submitted to D. Now, do you believe from a engineering coordination standpoint his conclusions are consistent with your design for the storm water system?

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>> Yes. >> And I know you previously testified this, but can this final storm water system be designed in coordination with the LSRP and board engineer >> to confirm this before construction permits were ever issued? >> Yes. Now, respect to the survey, I know it

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was brought up and you addressed it when you first testified, but you have you do have a signed sealed survey by a license survey in the state of New Jersey. >> I do. >> And we will provide an official signed copy as requested by the board. >> Correct. >> And the survey that will be submitted is

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the exact same survey with just the signature and name on it that was submitted to the >> Yes. >> Now, is it lower? Can you just describe is the lower parking level proposed as an adgrade open air parking lot? >> Yes. >> And I know you went over it, but it's

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the entrance and exit. Can you just briefly describe how access into that garage? >> Um, so again referring to the exhibit that's mounted on the easel is Morstown Road is located to the top or north of the property. The westerly most driveway

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is going to be the ingress. Traffic entering the property will turn right into the into the garage or the parking area, drive through the project, drive through the parking area, and then exit through that easterly driveway.

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>> Now, although the parking level is open air, is the majority of the parking located beneath the building, it's screened from direct view from Morristown Road? >> Yes. about the only part of the parking area that's going to be visible. Are the parking spaces adjacent or directly in line with the um two driveways. All of

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the other parking areas are going to be screened by the building. >> So from the street, are the principal visible elements limited primarily to the entrance and exit openings rather than the full parking lot area? >> Yes. >> Now, does the building design together with the location of the parking beneath the residential floors reduce the visual

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prominence of parked vehicles from Morristown Road in the surrounding area? It does. >> Does the open air configuration also facilitate ventilation, emergency access, deliveries, trash collection, tenant moveins and moveouts, and internal circulation? >> Yes. >> Can the civil and architectural plan be

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revised if necessary to depict the open air treatment and screening of the parking level consistently? >> Yes. >> And from a site engineering and circulation standpoint, does the open air parking design safely accommodate the proposed one-way entrance and one-way exit while minimizing the

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visibility of the parking road? Yes. And the the current revised plan provides for 13 physical parking spaces. Is that correct? >> Actually, it's 14 parks. >> Now, how and how many of them are EV? >> Uh, a total of three parking spaces are EV.

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>> And how the ordinance >> and I know it was a recent interpretation by the state, but one of the we now have an EV space that is while not handicap ADA accessible. >> Yes. And again, that's the EV spaces

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located adjacent to the signed handicap parking space. >> Now, could you please briefly explain the proposed electric water fire safety meter backflow prevention sprinkler system connections and where they'd be located? So all of the fire protection,

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the backd door prevents, any valving for the sprinkler system is going to be located within the basement area of the building. Um, and that was the intent of constructing the basement part of the building is so that we have a place where we could actually put all of the apparatus that's needed for fire protection. And the from your

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understanding >> if not will the building's emergency fire protection elevator and life safety systems be designed to comply with all applicable code requirements without a generator? >> Yes. Can the final plans identify the water service size, the domestic and

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fire service lines, meter location, backflow prevention equipment, and sprinkler room components? >> Correct. >> And will all required utility company and fire service approvals be obtained before constru construction permits are issued? >> Yes. >> And the board engineer has requested testimony concerning how the project can

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be constructed giving the proposed zero sideyard setbacks, the retaining wall vehicle protection systems. I know we've briefly touched upon that, but is it your understanding that the proposed project is constructable? >> Yes. >> And what if if needed, could the

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applicant seek construction easement from adjoining properties? >> We can certainly approach the two property owners. Um the sty which is located to the west of us and then the veterinarian that's located to the east or the right of us. Um, again, all of the physical improvements for this

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particular building is located on our property. There's no structural encroachment on any of the adjoining properties. >> Now, can all permanent improvements be constructed entirely within the uh boundaries of the subject property?

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>> Yes. Based upon the present design, do you anticipate that any excavation, sheeting, shoring, formwork, scaffolding, bracing, cranes, lifts, or temporary construction activity will extend onto the adjoin adjoining property or property controlled by NJ Transit? >> No.

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>> If any temporary access would require, we would seek permission before you would ever enter the property. Is that correct? >> Correct. >> And could any final construction documents identify any required temporary support or access measures? >> Yes.

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And how can construction material specificate regarding the building is that once the foundation has been constructed that ground level can be used for staging of material if necessary. Um it's again it's as the board is aware this is a fairly tight

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site. So coordination between all of the contractors and subcontractors is going to be done by the builder to make sure that we don't need excessive amounts of material or any type of storage on the property itself. That'll be minimized so that whatever material is needed is

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going to be used but it's all going to be coordinated between the various subs. >> And can a construction staging and logistic plan be prepared before construction begins? >> Yes. Yes. And can that plan address delivery hours, worker parking, material storage, equipment placement, and maintenance of safe access to the site?

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>> Yes. >> And will any phase of construction temporarily affect Morristown Road to the public right away? >> So, the applicant does require NJT permits for both driveways. Um, as part of that permit, there's going to be sidewalk replacement and curb replacement and repair that's necessary

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within Morristown Road. That is the only work that's anticipated within DOT's rightway. And once that work is completed, there's going to be no additional encroachment within the right of way. >> And you the applicant will will obtain all required NJ DOT permits and approvals.

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>> Yes. >> And will the uh will appropriate traffic control and pedestrian safety plan be implemented during while construction was being undertaken? >> Yes. >> And do you know how the construction activities will be coordinated with the

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existing overhead electric lines along Morristown Road? So right now the the overhead lines are closer to the curve line than they are to the actual right ofway line. Um so any sort of insulation or protection that needs to be applied to the line while the while the building is being constructed is going to be

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coordinated with the utility company. Um but we do have adequate wound between the utility lines themselves and the building to facilitate construction. And will if will any required utility company clearances and safety measures be established for cranes, lifts or other elevated equipment are used on

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site? >> Yes. >> Can the rear retaining grade beam powerit guide rail and vehicle protection system be designed and constructed without destabilizing the rear slope or adversity affecting the railroad area? >> Yes. >> And will the final system be designed

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and reviewed by New Jersey licensed structural engineer? >> Yes. Will the plans identify the property line limits of excavation temporary support measuring the location of each structure and vehicle protection component? >> Yes. >> Once construction is complete, can the building, utilities, drainage

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facilities, retaining system, garage area, and other site improvements be inspected, service, and maintained without permanent encroachment onto adjoining property? >> Yes. >> Will review approval or coordination with the NJ Transit be required because of the project's closed proximity to the railroads? >> Yes. And if so, you will obtain those

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required uh approvals. >> Correct. >> Now, subject to final construction design, construction documents, agency approvals, and appropriate construction controls. Is there any engineering reason why this project cannot safely be constructed and maintained? >> No. >> No. You I know we went over this, but

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briefly touch upon the uh the proposed rear grade beam retaining wall power pit or vehicle protection system. So as I indicated previously in lie of the beam guide rail protection uh that we are proposing the revisions to the

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plan will include a parapit wall that's reinforced and permanently connected to the great be system that'll provide protection for any traffic that may erly accelerate downhill or try to accelerate. um that system is going to

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be designed the impact analysis that's been requested um be it 20 miles or 30 miles an hour that analysis is going to be incorporated into any of the structural calculations and provided to the voice engineer for review >> and it's your testimony that would be um done by a licensed structural engineer.

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>> Yes. >> How will the silk fences and other soil erosion measure be disturbance? So what we anticipate in terms of construction is with the revision from the beam guide rail configuration where it's actually bolted

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to the what was the southerntherly face of the guide of the beam the great beam extending the backside of the great beam utilizing that as a parit wall that's actually going to give us a couple of inches between the edge of the great beam of the property line the rear

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property line to install silk fences. Now, typical silt fences are generally mounted on 2x two square stakes >> and they're generally just hammered into the ground. Um, the bottom or the base of a silt fence is usually placed in a

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trench typically about 6 in wide and then the soil is back built to stabilize the bottom. In our scenario, we have enough room between the back or the back side of the great beam and the property line where the silk fence is going to be placed along the base where instead of embedding the silk fence, it might be

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possible to embed or attach the silk fence to the back of the parapit system to actually provide protection down protection from siltation. >> And now will the final soil erosion sediment control plan be submitted for approval by the Somerset Union Soil

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Conservation District? Yes. >> Now we're going back to the storm more management. Will all the root leaders and downspout discharge into the drywall system? >> Yes. >> Can the plans and hydraulical report be revised to clarify that the drywall

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dimensions elevation inverts profiles manhole details slab design and connections? >> Yes. >> Now I know we went over it so I won't. But how will the system address runoff during storm orders exceeding its design capacity? >> Um, essentially even in the revisions

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that we anticipate, excess runoff is going to overflow through the great and will continue down slope along the parking area into the railroads property. >> Now, could you please discuss how fire and emergency personnel and equipment will access and search the building? So,

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in terms of emergency, ambulances will be able to enter um typical ambulance, they can enter the parking area, navigate through the parking area. Um fire apparatus, fire trucks, ladder trucks, they will not be able to enter the building. Um essentially, if there's the need for that type of equipment on

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the property, they're going to have to utilize Morstown Road. Um they will not be able to enter the building. >> Now, so you testified that uh but an ambulance could enter the site. Yes. >> Now, have you seen the recent fire

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review correspondence that was submitted? >> I did. >> And is there any code requirements or fire department requirements concerning access, emergency controls, fire service, sprinkler connections or building identification that the applicant couldn't comply with?

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>> No. >> No. No. Separate loading spaces. Provos. How will I know we briefly touched on but how will tenants move in and move out and deliveries and trash collection occur >> again um move in and out they will have to be coordinated with the building manager. Um trash collection what we

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have in laying the site out trash trucks can enter the property and exit the property on the ground level or at that first floor level. Um there is a compactor room where any refuge that's generated by the facility can be removed from that directly into a trash truck

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that's parked within the parking area and then exit the property >> and where Hang on hang on just a minute. On the trash you um typically people use dumpsters for trash. Is that going to be used at this site? >> Dumpsters? No.

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>> What are you going to use? >> There's a trash there's a um a refuge room that has a compactor in it. Okay. >> Um, so any trash that's collected within that area if it's or if they're in cans once the trash truck is within that basement area will be removed into the

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trash truck. It's not >> what trash. >> Yeah, there will be. >> Yeah, I get that. >> All of the all of the garbage trucks these days use mechanical

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is to lift those truck those cans. Will there be enough headroom so that the so that the garbage truck can dump that stuff into the truck or is it going to hit the roof of the of the parking area? >> You were proposing garbage and we would

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stipulate that it would be picked up by a smaller truck that would not lift be able to take their strolling. >> Thank you. Will you have private? >> Yes. >> Now, will the property owner establish

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and could he include it as part of his lease's reasonable procedures or scheduling requirements for large deliveries and tenant moveouts and moveins? >> Yes. >> And it was previously testified that parking spaces would be assigned to each unit. Is that correct? >> Correct. So during the move out, if the

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tenant were to bring a smaller van or they could park in that spot to move in, would that be accurate? >> Correct. The smaller vans would be able to temporarily park within the driveway area. >> Yeah, there was questions about uh landscaping and street uh tree

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improvements. Could you briefly just touch upon that? So in terms of landscaping, the only place where we have that landscaping can be installed is between the sidewalk on Morristown Road and the front of the building. Um so

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what we're proposing and it's included as part of plan set um are several trees along the frontage of the building and also um shrubs along the foundation of the building um within that area that essentially comprises the landscaping.

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um lighting for the property. We do have some wall sconces um that will be coordinated with the architect's plan in any future revisions. Um but the intent of those are they're not sight lighting per se. They're just more or less accent lighting for the building within the actual parking area. What we have are

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ceiling ceiling mounted light fixtures and those fixtures are going to be completely screened from any of the public. Um essentially they're mounted a few inches down from the ceiling of the building and all of the light is going to be dispersed within the parking area. um that type of lighting I don't

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anticipate any impact to any of the adjoining properties given the way the lights are where the lights are located and how they're positioned. >> And that comment is also includes the seven exposed parking on parking spaces

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on the rear that you're not going to have any light that would be seen by the properties on the other side of the railroad tracks. Um, so there is a lighting analysis and if revisions are necessary to minimize any off-site lighting or spillage into the railroads property, we can certainly accomplish

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that and plan revisions. But if from the other side of the railroad, if you're looking towards the property, you are going to see some of the lights, not the lights themselves, the fixtures, but you're going to see an area that is lit. >> Okay. Those properties across the railroad tracks are lower than

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Morristown Road. Does your comment still hold? >> Um, if they're we could shield and screen the lights. So, yes, we could prevent the actual light source from being viewed. However, you will see an area that's lit.

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>> I think we need to take as do as much screen from the lens. So, >> understood. And would the lights have the ability to be deemed that? >> Yes, I'm not too sure about deed, but um >> the lights can certainly be on timers.

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Um most of the modern LED fixtures are dimmable. And generally the way we spec we spec them out is that they should include some sort of dimming control so that we have the ability to control the actual amount of light on the property at any point. Um they could also be

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motion activated as necessary so that we don't have an area that's lit if it's not nec needed. >> And would the applicant agree at potential condition of approval to have a review period if the light was excessive? We could have the ability to dim it if there was any complaints. >> No, certainly. And that's the intent of

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specifying the fixtures to be dimmable that we have the ability post construction control to make adjustments as needed. building lights and then timer. >> Yes. >> Can the lighting is the lighting

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designed to avoid unnecessary glare down? >> Yes. >> And you could accomplish that with screening of the lighting and dimming and potential, you know, of operation. >> Correct. Now, if the project is approved, the applicant attain all required approvals

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from NJ DOT, Somerset County Planning Board, the Conservation District, the Burnersville Department of Public Works, and the applicable water utility, NJ Transit, and other agencies having jurisdiction? >> Yes. Now, regarding to revision, subject to

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the revisions that we've discussed tonight, are all the board engineers remaining comments capable of being addressed without materially changing the proposed 8 units of the overall site layout? >> Yes. Now turning your uh attention to the board planners correspondence. Can the

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project comply with any of the frontage design guidelines with this application for private public and private frontage? >> No. >> The architect. >> Yeah. >> Yeah. Do you have any uh opinion as to whether the site plan subject to the

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revisions and coordinations discussed would pose any substantial adverse detriment to the public good or substantially impairing the intent and purpose of the burough zoning plan, zoning ordinance or master plan? >> I believe the design that we've actually provided to the board addresses the typical engineering items and designs

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and specifications necessary for residential construction. And in your opinion, does the applicant site plan once finalized and subject to outside agency approvals material comply with and satisfy the requirement for site plan ordinance? >> Yes. >> And is your is your testimony as well

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that the drainage plan proposed complies with all of the applicants requested variance and site plan relief. Would there be any substantial material adverse impact on the surrounding area Morristown Road and adjacent railroad property? >> No.

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>> From an engineering and site design standpoint, can you describe the physical constraints on the property including its size, frontage, existing development condition, proximity to Morristown Road in the rear area? >> So the the property is generally

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constrained with developments on both sides of us. To the east and west we have properties that are fully improved. Um along the south is the railroad and immediately beyond our southern property line is a fairly steep downhill slope.

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Um the applicant is not proposing any encroachment within that steep slope area that's offsite. Um Mortown Road is about 12 feet plus or minus the curb line from Mortown Road from the front of our building. So we have a very limited site in which we're proposing

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construction of the project. >> So in your opinion, were those physical site constraints important in developing the proposed layout, including the building placement, parking configuration, driveway circulation, and storm water design? >> Yes. >> And from an engineering standpoint, does the proposed plan make efficient use of

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already developed downtown core areas? >> Yes. >> Does the proposed design maintain pedestrian access to Morstown Road and the surrounding downtown area? >> Yes. From an engineering standpoint, do the proposed sidewall connections and frontage improvements support pedestrian circulation and walkability?

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>> Yes. Subject to final technical review, are the drainage, utility, access, parking, EV, and construction related comments by the board of engineer capable of being addressed without material changing the proposed use from overall site layout? >> Yes. >> Are there any re any engineering

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comments in the board's letter that cannot be addressed through revised plans? >> No. Based on your review, is the proposed plan and engineering feasible plan for this? >> Yes, that's all. Okay. Um, excuse me guys. A couple of

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questions came up looking at this LSRT letter. Uh, specifically on uh point two here where your consultant states the proposed storm water infiltration will not increase the contaminant concentrations. I get that. nor spread

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the contamination farther than the current extent. I have an issue with that comment. How are you going to do assure that when you're digging into the ground that is supposedly contaminated, putting in the drywall and you've got an overflow?

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So, how can you assure that you're not spreading the contamination when you've got overflow from the drywall that's in the contaminated soil? So in my conversation with the LSRP, it's the water is not what's transporting the contamination.

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So the dry well system itself, infiltration into the soil is not going to cause it to spread. Um I could certainly pose that question and have more detailed report provided as to why he believes that it's not going to spread any contamination.

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>> How deep is the contamination today? >> I don't know. >> How deep is the drywall going to be? So our proposed drywall I believe it's about 4 ft. >> Okay. Where will there still be monitoring wells for the contamination?

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>> Yes. >> So presently there are several monitoring wells on the property and what we're going to have to do as part of any construction. The ground level the parking area there's going to be great adjustments that are made. The monitoring walls are basically cement casings

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>> in the floor. Those elevations are going to have to be adjusted to match our garage floor elevation or a parking area elevation so that monitoring as necessary can continue. >> And what what protects after this construction the neighbors to each side

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if some of this contamination due to due to these dry wells leaks are you going to be having monitoring wells on their property as well? >> So that was never discussed. Um it's certainly a question that we can pose to the LSRP as to whether or not that would be required. Um if it's something that's

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necessary by NJP regs then we will certainly address it. Um but as of right now in my conversations with him, he doesn't believe that there's any issues. But I mean, if I was the property owner next door and we knew this was a gas station and you were doing significant

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digging here that potentially would be well worth have monitoring well on the opposite side to know if anything penetrated. I know you're going to have one on your property, but as far as your neighbors concerned because this is a contaminated

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site as the uh I forget what what report I had in front of me, but it says the normal they're not normal levels acceptable to be monitored and build a residential, but it's not clean. It's not a perfect sight. >> Yeah. And and I I when you dig into it,

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>> that's what I mean >> for the drywall and you've got the overflows for the dry well, you're going to be washing the contaminants out of the surrounding soil. >> Even though you got the stone in there, the water's in there, it's going to wash the contaminants out. >> I I we will get you an answer because it

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might be the dry wells I believe go pretty deep because they go into groundwater and I believe that's where you're testing it. So, I don't, you know, we might be talking this is something that's so deep, but I I don't we'll get an answer and I don't >> Yeah, I'm very concerned about that one.

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>> Um the uh the other the next question I've got is related to the sprinkler system. Is it going to be dry or wet? >> Uh we have not designed a sprinkler system yet. Um that's usually done as part of the construction document phase.

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Um, I'm not quite sure if our architect has any information on that, but I don't have any hope. >> Okay. >> Whether it's >> So, you can't answer the second question, which is, is it going to be plastic pipe or iron pipe? >> Correct. >> I know that this town typically asks for iron pipe or sprinklers.

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>> Yeah. And the project that just is being built currently, they were made to put iron pipe in, and you could see it in their parking deck. The iron pipe is is in there. I believe that's a dry system obviously because you have exposed to the elements. [laughter]

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>> Yeah, you might have both. You might have wet in the in the building and dry a mini dry for just a parking garage, which is normal. >> Um the other thing was sidewalk access during construction. Um I know you're going to have to do curb cuts. You're

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going to have to do sidewalk replacement. I also know that that sidewalk is actually heavily used by people walking to and from Shopright. Um so some I I something needs to be done for the

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people that use that sidewalk. >> Understood. I mean we can certain >> granted the only southern sidewalks on the other side of the street but got to be do we got to do something. We could certainly coordinate with the burrows engineer regarding what type of access we would have to maintain

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>> and signage in the street or whatever new crosswalks if we need them. Sidewalk is heavily used. >> A lot of traffic. >> Anybody else have questions? I know I need to get mine out. >> I have a few. >> Sure.

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>> And around construction. Um because that site, as everybody knows, is very tight and you had testified that all of the construction materials, all of the employees, all of the parking, all of the staging will be on the site. Can you

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just provide a little more detail on how that will work? Because I can't in my mind picture how that's going to work. >> Understood. Um so we've got essentially two parts of the building. There's a basement section and then we have

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discrete columns and walls along the sides both along the east and the westerly side of the building that'll carry the second floor and the third floor of the building. What do we anticipate is coordinating? Okay, obviously the basement has to go in first and then we have to get the

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foundation in for the columns and supporting walls. That type of work doesn't really require a lot of staging. It requires form work and once the forms are in place, concrete truck comes to the site. All of the foundation walls are poured. All of the buildings are poured. That aspect of the project is

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done. Uh they leave the property. Once the foundation is in, we now have a somewhat of an open area on the property that we can utilize to build the rest of the structure. Keep in mind that the basement area or that lobby area is relatively limited. I've got 22 ft plus

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another 18 ft of parking space. So, we have about 40 ft beyond that lobby area of the building in the basement area that we can utilize stage material to build the rest of the structure. >> So, on excuse me for just interrupting where's

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the concrete truck going to park >> to deliver the concrete for the building? >> No. So if so I'll defer some of the construction aspects of the building to the architect, but in terms of the foundation, the truck can be on site within the property in order to pour a

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foundation. The truck does not need to be on the highway or on route 22. >> So and that kind of gets to the gist of it, right? because there's going to be a lot of activity and there's not just going to be a concrete pour, but there's going to be mechanical and there's going to be

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electrical and there's going to be >> uh what 15 guys and gals that are going to be on site and and so they each have their own vehicle like if I'm not getting the picture of how all of that

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is going to be put on that little tiny property. Yeah, >> because the the the concrete now I get it. The concrete the concrete truck will be there for a limited period of time, but that's on that site and then that

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consumes half of it, more than half of it, >> probably more. >> And so then how is everything else going to fit in there? And how long do is a project of this scope take to build? And so then how long does

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Burnersville and 202 have to accommodate that type of activity on that site? So, in my mind, there's massive questions about how all of that activity is going to be contained in that site and not spill

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over into the sidewalk onto 202 onto parking areas in town that because there's no parking and people have to work there. So the to me there's many

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many answers that need to be provided on the process of movement, staging, trucks, cars, everything. And that gentleman right down there knows a heck of a lot more about it than I do. But those are the questions that I have. >> No. And that that's and and the reason

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why it's it's so sensitive to us here in Burnersville because we we've lived almost 2 years of a property which has a lot more setbacks than yours and a large uh and a large um passive lane off of

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202 almost a not a rideway but passive like like a shoulder like a 8 to 10t shoulder. >> You have no shoulder. You are zero lot line and and they have rope. They have tons of

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rope hanging over the c and they have technically no foot traffic there. You're in the heart of it on a site that's zero lot line where so many of these reports from HPAC and fire

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official and so on and so we didn't get to any of this yet all saying that this if the site was if your project was reduced in scale it would be manageable it would be buildable I'd love to hear

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you answer Ed's question because I do this and I'm waiting so I'd love to hear how you're going to manage that because we've already managed a site that has opportunity to park and load. You should have seen 120 yards of concrete be

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[clears throat] poured on that site over there. You have plenty of room over there. I don't know how you're going to pull this off, but you testified to it. So you got to answer you got to answer it. >> And um I apologize but um [snorts] could

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you please repeat the question? [laughter] >> What do you have room? What I think we're looking for is, you know, the sequence of construction and how

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you you testified that everything's going to be done on the footprint of the property. I can't I can't picture that in my mind. So, the sequence of construction um from digging the basement to pouring the

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foundation to pouring the concrete for the how is how is that property going to accommodate all of that activity, all of those vehicles, all of that equipment, all of that staging? Because I I don't think you can. I'll

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just say it. Just for example, you're you're going to excavate for the back wall and you're going to excavate for the drywall probably before you pour the foundation because you got the excavator there. Now that you've dug everything up, where's the concrete truck going to

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drive? Because there's a big hole in the middle of the site and a 40ft cliff on the other side. supposed parking for all of the workers that are doing that work and the concrete truck and the other

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>> I mean I don't have to make sight. So let's hear the answer. >> They're probably going to have to make arrangements arrangements. >> I mean you're an engineer. you when you pour a podium what the intensity of the

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re uh what the uh structural support to pour that form on a platform you're >> yeah I'm assuming that it's it's literal jungle it's a literal jungle I there's no room

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You're not doing a concrete deck on a residential on the residential building like that with no life safety concern on a parking underneath. >> So, I'll defer to code issues to the architect regarding that. But as with a typical light frame, wood construction,

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um the foundation is going to be the most critical part to get in and that's the one that's going to require concrete trucks, wood frame above and beyond that. Um typical to any residential construction. um in regards to like employees or contractors that come to the site, we can certainly make

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arrangements that with the understanding the property is limited in terms of parking and where uh workers can park that I've seen construction site where when it is tight and we are limited on space that most of the workers they come in in uh let's say for instance like um

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a shuttle of some sort. It could be a van that brings into the property because everyone is there for a certain amount of time. when the day is over or the work day is over, they leave to wherever they have parked. So, I think we can handle the worker part of it without too many issues. The woodframe

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construction does minimize some of the complications and I do agree with you with all of the shoring that would typically be necessary for a structural or a con cement deck to build on top of it since we're not utilizing that. I really don't see that as an issue. >> Yeah. But if um we'll have to go back

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into the records because I know I know the town I know that the project not similar to yours but in the same line of this now um high density residential development. They they required concrete

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stairwells and a concrete platform and a 14 ft clearance under the finished tile from slab here to be able to get those trucks through that you talked about those box trucks that can maneuver. So I am I don't know where you're going with

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a wooden truss with people's lives and even though it's sprinkled and you have cars underneath that that's going to need more that's going to need her testimony. lithium battery cars. >> Yeah. Yes. EV cars. Correct. >> And that's one of the reasons why

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there's a slab this thick over there on that project next to the fire department. >> I mean, we're living it. So, we're unfortunately you're second, >> but fortunately, they were first and it was done right. So you're on a worse situation with zero lot lines where he

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conceded to have some space that we could actually function and have more safety and consider like reading this thing consider the fire department and things of that nature. >> So um I guess you still have to answer it.

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>> But but before can you guys give me the address that project? I don't know. >> It's right next to the firehouse. next to the fire. >> Turn right when you come out. >> Right here. >> Right over there 100 yards down >> before the >> Yeah, >> just look up. You'll see it next to the

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firehouse. >> It will be really obvious. >> It's really obvious what it is. >> No. And when you when you pass it, you'll notice you'll see the shoulder and then when you go continue home, if you're going that direction, look at your shoulder. Your shoulder is this

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big. They're about eight or nine feet wide, so they have some kind of opportunity to at least be safe. And they used every inch of it almost every day. And now they're way past the need cuz now they have everything underneath and they could work underneath like you

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described before. >> But this last year and 3/4 have been crazy. >> And they have a site that have room. >> You don't have any room. >> They were using concrete trucks and pumps. >> Yes. overhead pumps to pump the concrete

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before they need it to develop. >> Yes. >> No, they're huge compared to you. >> But they have room. They They have They're not working off the zero lot lines. >> Yeah. I'm going to guess that there's

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probably a half acre there. I don't know. >> Yeah, there's room. Plenty of room in the front. Plenty of room to park. Plenty of room to stack. Yeah. And plenty of room in the back. Correct. Yes. Plenty of room in the back. So there's room to function. And they they did they came off of the firehouse. They

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came off the building next door. You can get around it. They have windows on the side. There's a lot that they were able to do. >> They had heavy equipment within the port foundation. >> Correct. >> And and for months and months and months that could move around and maneuver and

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>> and and and so like I know I'm asking a tough question. How are you going to orchestrate all of this? That's right. So the testimony was the question I'm paraphrasing. Can we get everything and keep everything on site that so

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there's no spill over into the the New Jersey Transit, the sidewalk, the neighbors? Yes. >> Always [clears throat] on the staging question. We didn't get the >> I believe you I think but like >> I can't I can't envision it because it's

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so small. And if the answer is, well, we can't, but we're going to make arrangements, what are those? Like, how does that work? And >> you've got the excavation that has to happen. There's going to be an excavator. There's going to be a dump

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truck carry the dirt. I mean, our town ordinance says, you know, all all dirt has to stay on site. Well, with your construction at, you know, zero lot lines all the way around. You can't do that. You're going to dig a hole for a drywall. the dirt's not going to stay on

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site. I don't know where you're going to put it. >> And so when you mentioned positive and negative criteria, part of that >> and it's contaminated. >> And it's contaminated. >> So part of that positive and negative criteria is like how long are we going to have to live with this? >> Where and where you going to put the

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contaminated soil? >> Yeah. >> So where are you going to put the contaminated soil that you're excavating for the drywall? All of these questions need to be answered. >> Understood. I mean, and in terms of the contaminated soil, all of that material

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if it's once it's removed from the property, it has to be disposed of. D has specific regulations regarding how that needs to be treated and it also has to be manifested as to where it's going when it's going to the landfill of some sort. It all you've got an excavator that's going to have also have to have a

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dump truck on site to hold all that. And oh, by the way, you're excavating in the basement in front. >> So the dump truck isn't going to be in front. It's not going to be behind where you're digging the hole. I don't know where you're going to put the dump truck on the site. I mean, Ed's question is very, very valid. I think you need to

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answer those questions for us. Can this even be built without a dramatic impact to the town? Because 202 Morristown Road is exceedingly busy every morning and every evening. >> Yeah. Particularly when there's crashes

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on 78 and 287. >> Yeah. >> Or when the school lets out >> and if and when other approved construction projects 500 yards up the road >> begin construction.

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Now we're compounding and >> at least they have opportunity because they have room. This has no room. >> I I agree. um >> as they they as they have drawn it to

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>> I I I just think it's going to be tough and that's going to >> the answers in my mind weigh heavily into the positive negative criteria and site suitability for a project in this time and so that for me needs to be

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addressed we will have a planner test >> I think the planner can address the construction >> no positive and negative here on the construction phenipulate with all construction code requirements. >> Anyway, you you got our feelings. Um any

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other questions? >> Yeah. >> On on this >> on the lighting? >> Yes. >> Um we already discussed what would be visible to the rear of the project. Can you just And you had mentioned that

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there would be my words, not yours, but decorative lighting. Can you >> wall? >> Yeah. Can you just because David was right, lighting for an ATM was a nightmare. So, can you um share with us

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more on what that lighting will look like and where and how high and etc? or is that something that I should say for the architect? >> Yeah, I think Orlando architect has more information on the whole scales. Um, >> so he's going to be able to address the

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light visibility from the site. I forget what they call those diagrams, but there's there's an engineering diagram that shows how much light is visible from >> it's in it's on page

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>> lighting plan page C11 and they've got like the big [laughter] Yeah, >> but that's that's that's from like light generated from within the project is

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what this so like light generated on the outside will also need to be >> I think address and I think I know who that too so please forgive me >> we actually had a question on that based

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on the fixture depicted on C11 it's different than the fixtures depicted on the architectural render to add a question as to what type of picture would be uh proposed. You know they should be consistent whatever is on the rendering on sheet one of the

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architectural plans as well as keep bill and also we had a question button on mountain bike as well >> and certainly with the plan visions we'll coordinate that my drawings and Orlando let us to make sure that we have the same picture schematically shown >> yeah I mean certainly if the board have

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a preference regarding the design of this the board has >> during your testimony regarding the the timing of the lights. So, how are you proposing the timing going to work? Will you have 24-hour lighting? Like say you

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come home at 1:00 in the morning, daughter drives in here, will it be dark? Will it like how you if this will this be lit 24 hours a day? Like how how will that work? So, what we anticipate regarding the parking area that they could certainly initially be on a timer.

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Um, but we could also use motion sensors. So, as you're entering into the garage, the sensor sees you or identifies you, the lights turn on. >> So, normally it won't be on at 1:00 in the morning, but if someone drives in, it will go on.

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>> Correct. And similarly, um, if No. >> And your other my other question is, have you had a ch a chance to talk with New Jersey American Water where your hot box will be located because I don't see it on your plan? No, we have not started that process with the water company

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>> because that's pretty significant with that gigantic box with no with zero lot line. I think we asked you back I I remember I did back in when you first started speaking to go and see where that box is

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going to be located and now we're two three revisions by and we still don't have an answer for that. >> It may have been I don't believe you testified. Yeah. No, I >> to be just to be fair. >> Yes, that's fine. If they are consistent as they are

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recently. [clears throat] Understood. questions from the board. >> Yep. Go ahead, Steve. >> The survey depicted an enclosure which we had noted in our letter which you thought um was

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part of the environmental monitoring, but there's nothing included in the LSRP report. So, what I can tell you regarding that enclosure, there is a PVC pipe within the enclosure and I certainly didn't

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have any access to within that area. Um, I don't know what that pipe is for, if it's just something that was left over, but um, we can certainly go back and check again with the MSRB to see if there's anything in the um, work that was done by Chel or if he has any

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information regarding what that pipe is for. I I think I have the uh important to update your report something to do with remediation or >> all of the monitoring wells be noted on

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the survey. Are they? >> Yes. >> Are they on the survey? >> Correct. Uh three. So, I see one on the inside of the driveway monitor.

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All of those need to meet need to stay in the new design. Correct. >> Correct. >> So, are they marked on page? >> So, are they marked on C4? Are they carried

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through to C4? I don't see any of them on C4. >> No, they're not carried forward on C4. >> Okay, they need to get otherwise you're maybe putting stuff where the well is. Anything

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else? So a few more things >> with respect to the storm water possible also the chairman indicated for all of site not just the repair. So I think we just need to nail down what exactly the

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entire system bottom half inches for all purpose on site. I I at least want to cover the entire site. Um 4 and a half seems to me to be a reasonable number.

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That's a hell of a lot of rain. Granted, you know, that's not a 100redyear storm. I get that and we get those occasionally and then the center of town gets flooded. >> So if the center of town is flooded really can't say, "Oh, you're not

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allowed to flood either." No. So I don't know. 4 and 12 in seems like a real but the whole site. >> But the whole site that's that's where my head is. Does anybody else feel differently? Steve, do you feel differently? >> We recommended four and a half inches. >> Yeah. Okay.

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That's the uh the old site impervious area. >> Correct. >> Yeah. Which is a little bit less in the lot area. >> A little strip 99.1 >> just [laughter] we're all on the same

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page that it's pretty perfect. >> Yeah. >> Yeah. Um I'll need to confirm with my office we have struct I believe they have structurally review um their system. I just want to confirm that it's something beyond my expertise

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looking at a structural analysis of the wall being impacted to confirm that I'll open for a vote confirm before but will you provide a drawing for that?

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So we can at least analyze it like what's your support behind it? What's the >> Well, hopefully he's got somebody that can do the finite element analysis and present the whole picture. Okay. >> So that somebody else can review it. >> Haven't heard that term in a while.

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>> Some of us are old. >> Yeah. But um certainly we could certainly reach out to um an engineer. Normally when I've done the impact analysis on retaining walls, it's I do it manually and certainly not with finite element. Um but if that's a board

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preference to see how the overall structure as a whole behaves. I mean we certainly look into that. >> I think we need to do that just because car can hit that wall so easily. People make mistakes. My mother did. And [laughter]

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obviously on the track, >> let's not go there. Um, [laughter] and you know, it's it's and there's a 40ft dropout and I would not want to have anything hit a train. That would be bad.

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>> So, I've made the recommendation that they prepare the environmental conditions report be available for questions. I still think it's a good idea to have an apparent person so the board can ask direct questions if that's something that the board agrees with.

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>> This is somebody from LSRP. >> Yes. >> Yeah. >> Seems like we have enough questions about it. >> Yeah, I agree. >> I know we just came in. >> I understand. There's just some some of the things he

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wrote there. I don't understand. Then one of the things uh the the access aisle behind the 90° parking spaces ordinance are parked on four feet and you do have a narrower width but I

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didn't hear any testimony if you know maneuver out of space with the reduced width as well as if you have you know over grant or something moving

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matter whether you're testing with respect to that the the daily operations as well as the breeding companies coming in the building and the room suffering around. So, in terms of the moving in and out, um I believe what

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I testified to originally is that within that 22 foot wide aisle is if let's say a move in van or a box truck or UPS or FedEx, they can park adjacent to the lobby area, accomplish whatever loading on they need to do, get that done, and

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then leave. Since we don't have a dedicated loading zone, that still leaves enough of the aisle, anywhere from 12 to 14 feet, depending upon how the van parks, that cars can still come into the parking area, drive through and exit. In terms of the 22t wide aisle, I

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did look at it regarding can cars pull into the parking spaces and park. Yes, they can. I can certainly include that as part of the analysis um at the turning templates to show the movement into and out of the parking space. And I guess someone is moving in or out

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might be a little bit longer than um you can anticipate vehicles being blocked. >> Is that a fair statement? >> Yes. >> Based on the size they would need spot space assigned for that unit

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depending on the truck. But yes, if someone is moving out of parking space number one, let's say, then that space would potentially be available. >> You would you would still need to coordinate with the other residents and let them know there's going to be a

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move happening. >> Yeah. Yeah. No, I get that. But even still, the likelihood of a box truck getting into a spot like that is low. And so you'd have to coordinate with the other residents and let them know, gee, somebody's moving in. They're going to

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have the driveway aisle blocked from this time to that time. If you need your car, you happen to be in one of those spaces. Let us know kind of thing. [clears throat] We've got the coordination for residents.

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>> Anything else, Steve? And then uh for storm order management system you will need preparing operations a maintenance plan you know to monitor development there is an ordinance requirement for >> certainly we can put that together >> and then I'll

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I don't have any other questions at this time. Uh it's possible I get off some additional questions as a meeting order next. >> Okay. And a question occurred to me. Do you plan on having any facilities for people to wash their cars?

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>> Okay. >> Wasn't quite sure how to answer that question. [laughter] >> Okay. >> Ask you car washing town. I get that. >> Any other questions for Board of

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[clears throat] Professionals? I do. I think it's important enough to to read and I'm not sure if our guests have heard um this letter from Ryan Bino, fire official, but uh the first part

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we'll address with the architect um but the second part we should address with the engineering uh portion of this testimony. It says, "The current design and layout of the property provides no fire lane access for emergency vehicles

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during an emergency. While the proposed property lines in close proximity to the Marstown Road throughout 202, there is little space for providing emergency vehicles to stage, to park, to operate without causing major traffic

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issues on a main thoroughfare in the municipality. with even a minor event such as a medical emergency, smoke alarm evacuation from a culinary mishap, an apparatus parking, and subsequent traffic buildup would cause additional

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traffic hazards and secondary incidences around the area. The number of additional resources required. It's an important one. The number of additional resources required to manage ha traffic hazard even in a small incident would be

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taxing on the municipality limited first responders resources. We're a volunteer system here. So just a simple what he's explaining here is a simple toast burn or um alarm beeper went off by mistake.

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You open the door and it went off that there's no place for anybody to queue up. I mean, I have thoughts on that and might, you know, I have potential things, but I would like you to I wanted you to hear that clearly because this affects the safety of the people that

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are going to inhabit this building. And our fire official clearly stated there's there's again, like we talked about with Ed, where do you stage the where do you stage a concrete truck? Where do you put the where do you put anything? And that's

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the reason you don't he's he's wants you to have some sort of fire access lane and not just to pull the ambulance underneath but when it when all of the people that when that one buzzer goes off I'm not a fire volunteer fire

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department member but I do know what comes to a building because I've had enough of them that what shows up when one alarm goes off multiple multiple vehicles and especially if you're volunteered you're coming from different parts of this town getting there as fast

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as you can. So my point is even on the slightest mishap as he called it, an apparatus of something that would go off inadvertently would some sort of emergency access in the front of this building so they can get

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in and stage in the front of of here. So that's that's what I would you know if you could think about something like that. You don't have to answer it now, but I wanted that on the record because I think it's very important that fire lane access, especially when we have no

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shoulder and you're at zero frontline setback. >> Thank you. Okay. Any other questions from board or professionals? And I agree. I I read that report too

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for the engineer. >> Come on down. Name and address and then ask your question. Hang on. Say for the mic, please. >> Sir, these are questions. Correct. Sorry. Of the witness. These are >> question.

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Um, so been a lot of discussion about the storm water. I didn't hear anything about snow removal and for the open area of the parking. Where where's all the snow going to be put? >> So, we do have most of the parking area is going to be covered.

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I got that part. But there's the area is not going to be covered. >> And we do have heavy snow up here. >> Where's that snow going to go? >> We'll have to coordinate that with the manager of the building. Can we >> It is I've seen where you could also use

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melters depending on the volume of snow that you have um and essentially just have the snow go back into the ground through the drywall system. Um there's a couple of different ways we can handle it, but um it'll we can sort of provide additional information to the board in

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the future. >> Yeah, this because if what what's a really good question is who's going to clear the snow? Is it going to be the person that's moving their car? >> They're going to take the snow off the car and push it to the side and then go to work. >> Yeah. So, it's either going to be left

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on the parking in the parking area or it's going to go over the edge. It's kind of a question, but can I make a comment about storm water, >> the rainfall there? Because there was a rather dismissive point here that we get you didn't get much rain in Philadelphia. I could in

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2021 when we had the remnants of Hurricane Ida, there were small white caps going down 202 and even to right now. >> Yes. So, I think you're being pretty dismissive about storm water. Thank you. >> Hi. Uh Aaron Duff, 51 Crest Drive.

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Uh I just had a question and um we keep hearing about zero, you know, zero setback, zero lot line. Uh how wide is the sidewalk proposal? >> 8T. >> Is that uh so it's 8 ft from where the building

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begins to the curb of 202? Is that accurate or is there something else? Cuz I >> Yeah. So I'll let you >> from the curb line towards the building. It's 8 ft wide. >> Okay. And is that zoning conforming in the downtown core? >> Yes. Um I believe 8 foot was actually a

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recommendation by the board since you >> Thank you. Name and address. >> Katherine Paragano, 40 Flint Lock Court, Burnersville. >> I believe this is for last name, please. >> P is in Princess. A R A G A N.

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>> Thank you. I believe this is for you and I'm I'm not 100% that my information is accurate, but I have been told by vets working in the animal hospital there are tunnels going under parts of 202.

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So the animal hospital is adjacent to this property and you're excavating. Those tunnels are being held up by wooden >> wooden structure. >> Are you familiar with this at all? >> I am not. Okay. So, um I have this

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concern about whether that is in fact true and I was looking at the town engineer because maybe he knows um because if you're you're excavating there, I think you're potentially causing some issues on the road itself

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and potentially the other building. So, that was my comment. For the record, I am not aware of any tunnels, but that doesn't mean they don't exist. >> Yeah, we know about that up on Route 80. >> Well, if anybody knows anything about tunnels that were built years and years

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and years ago, he's sitting right there. >> And and Chicky helped build it. So, >> I know a guy. No. the speed of light and they came out to all these thoughts

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that went out his followers later. >> The old library used to be a tavern anyway. [laughter] Well, let's get to back to questions. Thank you. >> Uh, hi Harry Hazelton, 397 Line Brook

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Road. I heard you mention this a couple of times, so this may be I may be just off base, but since we've gone through this with a recent application, you said twice um that cars would enter the entrance turning right and then you said

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they would come out the back that when they come out the exit, they would go right or left. Is there a no left turn into the parking area that's proposed or were you just saying, "Oh, they'll just go right into the parking. It'll be no problem." But you said it twice.

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>> So, I apologize, but there's no turning restriction, so you could make a left or a right into the parking area. >> All right. Thank you very much. >> What I will ask follow up with that though is are the entrance and exit going to be marked as such so that you don't get people going the wrong direction?

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>> Yes. anyone would get them anyway. I know. >> So, no turning. >> And also consideration that the application that is only a few doors down from you that under

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review um much about the same size lot. I think there's just a little bigger but they just got a DOT review and coming out of their property they are restricting the lefthand turn.

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So for you to consider I understand that option as well because of the intensity that will approach as you as you went west certainly >> and see what they come back just telling you two doors up just got don't make a

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laugh. >> Yeah because I I can envision that restriction is very reasonable. >> That's the reason he had left in orbit >> because you get slipped from all the people coming up. Yes. Yes. >> Okay. Any other questions from the audience?

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Okay. >> Back to you. >> We're going to call our traffic engineer. >> People want a break. Okay. All right. Let's take a break for five minutes. Presume that 10.

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[clears throat] >> You think that >> there will be questions.