The September 10th, 2025 zoning board of adjustment meeting will now begin. Please rise for the pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation
under God, indivisible, with liberty and justice for all. This meeting has been advertised in accordance with the open public meetings act. Roll call, please. Mr. Stevens, here.
Miss Reeves, here. Mr. McDonald, Miss Kazerachi, present, Mr. Zera, Miss Mortimer, Miss Bevich here, Miss Ray, present, and chairman G present.
So, we have six members, right? Two, three, four, five, six. Okay. So, everybody will be in a voting position. Okay. Uh, Robert has asked me to make an announcement with regard to the Fox Meadow application. They have asked for
a continuence until the October 8th meeting. I need a motion to that effect. Make a motion. Motion carry. Second it. Mike. Roll call, please. Mr. Stevens here.
Miss Reeves here. [Laughter] Approved. Oh, approved. I'm sorry. Approved. I'm sorry. Okay. Miss Kazerachi. Approved. Uh, Miss Be approved. Miss Ry
approved. Chairman G approved. Okay. New business. 593, Route 38, block 189, lot 3, Solar Landscape LLC. Application ZB25-02.
Zone, business development. Existing use commercial self storage facility. Proposes installation of roof mounted solar panels for use in the New Jersey community solar program. Application
request for variance relief hardship substantial benefit and use. Hi. Hi. Good evening. Donna Jennings from the law firm of Lens Goldman Spitzer. On behalf of the applicant, as the board chairman correctly indicated, the
applicant is here this evening seeking minor site plan approval with a use variance and one bulk variance to install rooftop solar panels and associated ground mounted equipment for use as part of the community solar program on property located at 593,
Route 38, identified as block 189, lot 3 on the township's tax maps. I have a procedural question. Sure. You need five votes. You got six voting members. I understand. Okay. Okay. And we need five votes. Uh the
property is approximately 5.4 acres and is in the BD business development zone. Other than installing the rooftop solar panels and associated ground mounted equipment, there are no other changes proposed to the site. By way of background, the applicant is seeking to install solar panels in connection with
the solar uh energy program. The state first launched the program in 2018 and the New Jersey Board of Public Utilities voted in 2023 to establish it as a permanent program. While using the community solar energy program, individuals and businesses can benefit
from solar energy systems without needing to install solar panels on their own roofs. Participants receive several benefits, including paying a reduced energy bill by utilizing clean and renewable energy resources. Significantly, these community solar
projects are required to serve a majority of low and moderate income customers. The applicant has been actively involved with the community solar program for several years and continues to install solar energy systems in municipalities throughout the state. The applicant's requesting a D1
use variance because community solar is not permitted in the BD zone. Additionally, the applicant seeks bulk variance relief with respect to locating the ground mounted equipment for the solar panels in the sideyard. And finally, there are two pre-existing nonconformities that will remain with respect to rear yard setback where 40
ft's required and 26.3 ft is existing and maximum imperous coverage where 75% is permitted and 85.2% exists as will be more thoroughly discussed by the applicant's planner. Uh the record will show that the applicant satisfies both the positive and negative criteria for
the granting of the use variance. The positive criteria is satisfied as a matter of law because a municipal land use law specifically recognizes solar energy facilities as inherently beneficial or a use which is universally considered of value to the community because it fundamentally serves the
public good and promotes general welfare. The record will show that the applicant satisfies a negative criteria under the seeka balancing test because a public interest greatly outweighs any detrimental effects. The record will also show that the applicant satisfies the criteria to be entitled to the
request of bulk variances pursuant to a case called price vimei. The bulk variances are subsumed into the grant of a use variance. However, the record will alternatively independently reflect that the applicant satisfies a positive criteria by advancing several purposes of the municipal land use law, including
promoting the general welfare, providing for sufficient space in appropriate locations, promoting the utilization of renewable energy resources and to encourage coordination of various public and private procedures and with a view of lessening the cost of development and to the more efficient use of land.
Finally, the applicant satisfies a traditional twoprong negative criteria. To satisfy the negative criteria, the applicant must demonstrate that granting the variances will not cause a substantial detriment to the public good and will not impair the intent and purpose of the zone plan and zoning ordinance. In support of the application, the applicant will call
three witnesses. Courtney Breeze, the applicant's representative, Kevin Shel, the applicant site engineer, and Andrew Janu, the professional planner. So with that, I would just like to indicate we are in receipt of one review letter from the board engineer dated nove uh
November September 4th, 2025 that has been reviewed by the applicant and the consultants and they will touch on the comments there. Uh we don't see any issues with uh any of the the comments in the reports, but we will address them during the direct testimony. So at this time I'd like to call up the applicants,
Representative Courtney Breeze, and have her sworn in. And she's just a fact witness. She's not an expert. She works at Solar Landscape and she'll tell you what her position is and she's going to tell you a little bit about who is Solar Landscape. So, Courtney, come on up. [Music]
And this is not Courtney's favorite thing to do, speaking in public. So, we're going to be We're friendly. Courtney, your last name is Breeze. Spell B R E E S E.
Okay, raise your right hand. You swear affirming the testimony you give tonight will be the truth. All the truth, nothing but the truth. Thank you. And Courtney is spelled C O U R T N E Y. And if you could Courtney, for the
board's benefit, just what is your affiliation with the applicant solar landscape? I am manager of construction. And what specifically uh does that entail? Um I am part of the team that does the due diligence on the property to make Courtney, can I ask you to pull that
microphone towards your I know they don't go much further. We have this problem. This one could probably work. Okay. I'm part of the team that handles the due diligence for the property to make sure we can install. Okay. And if you could, who is Solar
Landscape? What kind of company is that? Solar Landscape is the leading commercial and community solar developer in the United States. Um we develop, install and operate solar projects on commercial and industrial rooftops. We have deployed more than 400 megawatts of
renewable energy across hundreds of projects and leased 100 plus million square feet of commercial rooftops totaling in over 1 billion in capital investment. And when were you formed Solar Landscape? In 2012. And you're located where?
Asbury Park. And approximately how many employees do you have now? About 200. And why did you select this particular site since you said you were involved in site selection? Yep. So, we perform the multitude of due diligence to determine and evaluate buildings for potential community solar
usage. Our due diligence includes utility grid availability and capacity, amount of roof space, the age of the existing roof, um the structural integrity of the building and interest of the community and the building owner. And can you confirm uh that solar
landscape is ready to proceed with its application if pen's making big mess on my hands. Um if approved uh that they have the actual equipment and panels to start. Yes, we have all major equipment and are ready for construction. And could you just explain the process a little bit? How do you get BPU approval?
Um the projects are awarded through the community solar program um or sorry community solar energy program. So this one was awarded in 2024. Um, the New Jersey Board of Public Utilities requires an application be made for review and acceptance into the program.
At minimum, they require a site design, um, conditional approval of the project by the utility, and submission of non-ministerial permits, which would be our zoning permit application that we submitted. And could you just explain the benefits of community solar?
Yep. Um, so it is solar at a discounted rate for people in the community. Um, And in this case, the state requires or sorry, the state does require 51% must go to low moderate income households.
Um, so when interested parties apply, they do have to cover this part on the application process. And can you explain how the customers receive the benefits in the discounted utility bill? Um, Community Solar has recently moved to consolidated billing. So that would be one bill provided by the utility
company. Um the customer received the bill as usual, but we'll see a section that will show the discounted rate from the community solar initiative. And how do you market community solar? How would somebody know that they could participate in your program? Um we like to work with the towns doing newsletters, um host information
centers, and at libraries, senior centers, wherever we can, and just standard advertising and things like newspapers. And with respect to this specific project, just confirm what is the lifespan of the panels? It's 25 years and address how the solar system will be accessed and maintained.
Um, so Solar Landscape has a operations and maintenance team. Um, there's bianual inspections consisting of a twoman crew. The crews bring their uh equipment to assess the roof safely because they are OSHA and NFPA certified. Um, we do not clean the
panels because we rely on rainwater as the main source of cleaning. We also don't do snow removal. we allow it to melt naturally. Um, but in this case, the panels do still produce electricity even with uh the natural elements. And what about the decommissioning? Once
that 25 year lifespan happens, what happens with the panels? Can you explain that to the board? Um, so if solar landscape does have a decommissioning plan if it wasn't already shared with you guys, we could definitely share that with you. Um, per our agreement with the property owner,
all solar facilities must be removed and the lease property must be returned to its original condition that it was in prior to the installation. Okay. What do you how do you access the panel if it is damaged? How do you know that the panel? We have a monitoring system that keeps track of the panel. So, it will relay it
back to our computers that there's any issues um damage or dust or just something's not working properly. So we can keep track of that. And could just confirm that you do have a lease agreement with the property owner? We do have a Okay. And what about outside approvals from the FAA? You have anti-glare
approval? Yep. That's one of our first things that we apply for. And what about your construction timeline? If you were approved by the board, what is the anticipated construction time for this project? We're looking to mobilize in November and then have mechanical completion by hopefully March.
Okay. What about uh specific information about the discounted rate, the number of homes that we benefited the utility company you're dealing with? Are you going to give that information for the record? Yep. So, this project would um where is it? It's a 31% guaranteed
discount rate and it's about 87 homes that it would power. And the utility company you're dealing with is PSEG. Okay. And then um your required decommissioning timeline in your lease is what's the timeline for this project? It's 30 days following the contract expiration.
Okay. And what about Have you spoken to the fire marshal? Yes. Or official about this particular project. That was some feedback we got. Um we did engage the fire official on this project who requested for the transformer and solar components not reduce the paved area on the property. We will not be
affecting the paved area in this property. Um he also requested that the transformer and system components have impact protection in accordance with the NJAC code. Um, we are planning on or we will install Ballards to meet this requirement. Um, and then as we go
forward when we do our permitting, we will submit our fire permit application. Thank you. That's all the direct questions I have for this witness. Okay, Courtney, you did well for not being a public speaker. Thanks. I'm going to open up uh your testimony to the board to see if they have any
questions or comments that they'd like to make. Greg, Mr. Chairman, I would just ask, and this would be for Mr. Kingsbury. The decommissioning uh I would just say that that should be in our resolution. The decommissioning meaning the full removal and restoration. Correct. Correct.
And that year you had mentioned 25 years, but it could be longer or shorter depending on the situation or renewals. Correct. Yes, I assume. Okay. How many homes did you say would this project would it would be about 87
homes. Say that again. 87. 87. Okay. 87. Courtney, in your testimony, you mentioned that you had uh reviewed this with the fire marshal. Correct. And the fire marshall said everything
was okay. We received an email just of kind of like his requirements and it's like there's no issues as long as you guys meet these requirements and we are absolutely meeting those requirements. Could you submit that email as part of the record then? Yes, sure.
Mr. Chairman, I'll also contact our fire official for a copy of a letter also. It wasn't a letter. It was an email. Yeah, I'll request a letter from him. Oh, you want a letter? Oh, I got it. Okay. Uh I would also like to ask the number of watts that are being generated at this site.
Um this system will produce it's 720,450 kilowatts per year. It's about 1,045 panels. Thank you. Any other questions or comments? You need federal aviation approval for
this? Yes, that is for anti-glare. We have that. Why is that? Airplanes. Just in case you want to make sure there's glare from the sun panels aren't going in any of the planes paths. Does that happen? It doesn't because you don't get the permit if if it's going to happen,
right? I mean, have you had incidences where it affected air traffic? No. There's like an anti-glare on the panels as well. So, Okay. All right, Courtney. Thank you. Uh, your next witness. Sure. This time I call up the site
engineer, Kevin Shel. Mr. Chairman, if you would just make sure those documents are Mr. toxic letter. So I didn't have them at your copy. So if you can just send it down. Thank you. Can you just move that side? Yeah. Thank you. Thank you.
Yes, I do. If you could uh Mr. Shelley, give the board the name. Kevin Shelley, last name S H E L L Y. And if you could, Mr. Shel, give the board the benefit of your background and qualifications. Sure. I am a professional engine
licensed professional engineer in New Jersey since 2012. Uh my license is current and in good standing. I've testified in front of various boards across the state. Uh but I've not previously had the pleasure of testifying in front of this board. Board accepts qualifications. Accepted.
Thank you so much. So Kevin, if you could could you just describe the existing site conditions and explain exactly uh where the uh panels are going to be going and the ground mounted equipment. If you're going to rely on any exhibits, let's have those identified. Sure. And marked into the record, please. I have two exhibits. Uh one is uh
exhibit A1, which is a colored arrow exhibit behind me. Is there a date on that? That is dated September 10th, 2025.
And then I have a second exhibit which I will mark as A2 that I can hopefully pass around. Just describe it for the record. Sure. This is a just a zoomed in uh exhibit of the proposed ground mounted equipment area which looking at exhibit
A1 in the very bottom corner. You see we're talking about a very small area where the ground equipment's going. Uh we just want to prepare this exhibit uh because we can zoom in on our computers but it's a little hard for you guys to zoom in on those plans that we Um, and just for the record, what's the date
on that exhibit? Uh, the exhibit is dated September 8th, 2025. Okay. Why don't you walk us through what we got? Sure. So, uh, again, the Kevin, give us a moment to have that pass around. Not a problem. So, we can all be looking at what you're
talking about. Absolutely. And if you're going to refer to the exhibit, your voice is strong enough that you can stand up there with that. I love it. Perfect. Am I? They're in a slow lane. Okay.
Okay. All right, Kevin. So, again, property is located at 593 Route 38, which approximately 5.4 acres say it's currently developed with a public storage facility. Uh and again the applicant is proposing rooftop solar
which on exhibit A1 you can see we have the colorized with these blue hatches across majority of the roof area. Again, there's a total of 145 solar panels um for the property across the rooftop and some ground mounted equipment which
again is located in the bottom corner here on exhibit A1 and as shown on exhibit A2 that was handed out uh to the board. The ground mounted equipment includes head mounted transformer, utility pole, inverters, disconnect
switch, uh meters and monitoring panel. Uh as um as Courtney had mentioned, we had feedback from the fire official uh requesting that we do have Ballard protecting the equipment which we agreed to provide and that's shown on exhibit A2. Um the other comment the fire
official had was to make sure that the equipment was not encroaching on any fire lanes, pavement travel areas right now. So uh again you can see on exhibit A2 the equipment is located in an area that's currently in purpose with about 285 square ft of existing pavement
that's there now. It's not a traveled way but it's impervious area that's there that'll be removed and the new equipment will be installed. So overall there's a net reduction in the impervious cover on the site. We're removing 285 square feet and we have a small amount of new impervious area for
the new equipment. Um besides that that's really sense of the proposed improvements. Um, the applicant has been in coordination with PSCG who has reviewed the site and the proposed location for the equipment. PSNG will be
removing one existing tree, pruning one of the other trees that does grow through the fence right now onto our side of the property. So they have an agreement with PSCG for the maintenance of those tree um the two existing trees and we are proposing two additional
trees in front of the existing fence between the equipment and the front along Route 38. Could you show us where that is? Sure. So there are these tiny small green arrows on here and they're shown on exhibit A2. Um, again, all this equipment is screened by existing
fencing that exists there right now. It is behind the fence, so it's not visible from the Route 38 corridor, but we are putting two additional evergreen trees in the front just for aesthetics. Um, and that's the limit of the proposed site improvements. Again, it's limited to the solar panels on the roofs and
some very minor ground mounted equipment. Uh, we do have two existing non-conforming site conditions that are not changing. Uh, minimum rear guard setback of 40 ft. where 26.3 ft is existing in the back of the
property and the maximum impervious coverage 75% is permitted 85.2 is existing again there is no increase in imperous coverage as part of this application. Uh we do have one bulk variance that is
needed for minimum sideyard setback. 30 ft is required and 24.7 is existing. But the location of the proposed equipment uh is located 4 feet of the side setback on the bottom of the plane here uh which as noted in the board
professional letter does require uh variance relief uh which we would be requesting as part of this application. Uh the rest of the project is fully conforming. Uh the panels are only about 6 in high when mounted on top of the
roof. Uh this soft storage facility are all one-story structures. So we're well under the height requirement of the zone. Um and the rest of the application is uh you know fully conforming. We'll leave planning testimony to our planner next about use variance. But that's
pretty much summarizes what we are proposing as part of the application. And just for the record, um, you had an opportunity to review the board consultants letter and you felt you touched on all the issues raised in that letter. Uh, yes, I believe I have. Okay. And then just for the record, uh, the other outside agency approval, we got an exemption letter from the
Burlington County Planning Board. Correct. Correct. And that was dated April 3rd, 2025. Correct. Yes. And did we submit that to the town? If not, we will. Uh, yes, we will. That's all the direct questions I have for Mr. Shel. Kevin, just stay with us for a moment. Uh, I'm going to ask the board if they
have any questions about what you presented before I go to Fred and we'll cover some engineering with him. Sure. Does it matter that you're taking out some pavement? Does anyone use that pavement? No, nobody uses it. It's an area where we are reducing the impervious cover and I'm trying to be mindful of every time
we add any type of impervious cover, especially in a situation that's already over the uh the allowable limit. Uh, so this was an area where we wanted to remove the impervious area in the area that the new equipment would be gone. It wouldn't create any type of issue by that.
Okay. Any other questions? Oh, Kevin. Okay. While you're thinking that over, Frag, do you want to? Sure. I I did speak to Kevin uh already. We went through some items and I think maybe that's the result of this being
brought to us this evening. I would ask though if you could please just add this to the plan when we Yes. finalized the plan. So, we have that as a little little section on the plan. Uh, just so the board knows, the solar panels, I believe, are 100% complete already. The
installation, there was a permit pulled, I guess, in the fall, and the panels are all installed. No, no, there's some old panels on the site that are not ours that are show them where the old panels are. There's some some hatches on.
Oh, I saw panels. On portions of the existing buildings there, there are solar panels. Those p those panels power the existing site. So that site is utilizing that. You're only allowed to put in the solar panels that
generate for what you can. So they'll remain they'll remain. Yes. The additional roof area, usable roof area on all the remaining buildings will be uh will be added in new solar panels. Okay. The equipment, if you could just describe the equipment, I know you're asking for a 4ft setback, which sounds
like it could be terrible, but explain what the equipment is mounted on. a matter on unit struck. You didn't really have a detail. Yeah. So, again, we'll provide some additional details on the site plans when we, you know, if we do get a favorable vote this evening, uh, typically there's a little rack that some of the equipment gets mounted on.
All the equipment is typically four to five feet in height or less. Again, it's all screened by a sixoot fence and meters and metal boxes. Yes. So, when you say all the equipment, how many units? There's meters, there's uh disconnect switches, there's inverters, there's a bunch of different components
that get put into a small amount of area. Again, as you can see on the exhibit that's there, this is not taking up a large amount of space, but the you know the the biggest piece of equipment is always the transformer that it's it's a larger you wouldn't happen to have a picture of it
of the transformer. Oh, at another unit perhaps to give them an idea. I don't have any pictures and I know on the site plan we do put some of the details that are in there. I know you know what it looks like. Yeah. So Kevin, you said it's four and a half feet high generally by how long? 20 ft
long or Yeah, something along those lines of that 20 foot section. Depends on all the equipment. Are they mounted to a board or they're just mounted to the strut? It'll be mounted onto the the standalone um you know stand on the the site plans that were
submitted. There are some details for some of the equipment that's installed. You know, again, if you think of like a typical electrical panel in your house, okay, some of the components are that size. The transformer is the biggest piece of equipment. Um, something familiar that you'd see out driving the street, something like that, that would
typically be set um, you know, on a commercial property. So, there's minimal impact. Absolutely minimal impact. And the reason I was hoping you had the solar panels up already is there were no under no overhead wires. You're not proposing any overhead wires between buildings or Okay. Everything's underground, right?
Everything's underground from utility call that said everything goes underground. Okay. Um, we've hit all the variances. I know your planner will come up, I guess, and provide some testimony. Uh, community solar again, I wasn't sure how it worked for the low mod. You had a
statement in there and I wanted the board to understand that. um the Maple Shade fire official will get a letter from him and the adjustments with the side fence and I will say the trees that you're referencing are really poison ivy trees.
Uh the branches extend out with poison ivy 5 6 7 8 9 ft. So it's a it's an area that you don't want to walk along. So I don't think anyone will disrupt your uh your services because it's well protected. So part of the security I think it's part of the security. Yeah.
Are they indigenous plantings for poison? They they are. Yes. So, so that's all I really have. I mean, again, we spoke through most of the stuff on the phone. And really, you didn't really need to see the whole site. We just need to see that little piece that you have on this plan.
Okay. I think that I think A1 paints the picture of the impact that this little ground management has on the overall site as well as the overall area that it's very minor. Right. Okay. Kevin, before we can thank you and
release you, I just want to make sure that after the board has heard what Fred has testified to or presented you that you don't have any other questions, comments, Kevin, thank you. Thank you. Okay. At this time, I'd like to call up
our professional planner, Andrew Janu, to testify as to the positive negative criteria for the granting of the requested relief. And there he is. Good evening. Andrew, raise your right hand, please. Do you swear or affirm testimony you give will be the truth or truth? Nothing but the truth.
I do. It's Andrew. Last name is Janu J A N IW. My address is 315 Highway 34 Colts neck, New Jersey. Thank you. U for the board's benefit with respect to my credentials, I am a licensed
professional planner in the state of New Jersey. I'm a member of the American Institute of Certified Planners. I've been a principal in the firm of Beacon Planning for about 27 years now. Uh 2022 I was appointed uh appointed to the state board of professional planners and I'm currently serving as the planner for the burrow of Carter Middle Sex County,
Burrow of Freehold in Mammoth County and Livingston Township in Essex County qualifications. Yes. Thank you. So Mr. January, you had an opportunity to visit the site and the application and the township's master plan and ordinance. Yes, reviewed all those documents as well as the correspondence and exhibits
that were prepared uh with respect to this application. And you have an understanding of the release that the applicant has requested this evening? I have. We are we are require a D1 use variance for the panels because these panels uh essentially are an accessory to the current building. They'll be essentially an additional use on the rooftop of the building and we are
seeking uh relief to the sideyard setback for the equipment that's going to be ground mounted as was just explained by our engineer. Okay. And if you could just say the balance of the variances are existing conditions. Correct. And if you could just go through in your professional opinion to determine whether or not we've met the
positive and negative criteria. Certainly. So, as was mentioned, this property is in your business district. Uh, the uh property itself is improved currently with a self- storage facility. There are some roof mounted uh panels that service that storage facilities. These will be supplemental panels
intended to go into the community uh uh energy system. Uh with respect to preparing for this evening, we had mentioned that we looked at your master plan. We looked at uh the municipal land use ordinance in terms of uh what benefits would be derived from this application. with respect to your uh master plan. The master plan is very
specific in terms of wanting to enhance your business district, uh encouraging new growth within your business district and also to increase the uh energy efficiency of existing structures and to ensure future energy efficient development. I think we're on point with those goals of your master plan. Uh it
also supports uh directives towards strengthening commercial and industrial bases. I think this one uh actually assists the property ownership in another uh revenue stream that'll be derived for this property and assisting that in terms of longevity. Uh with respect to the municipal land use all
the purposes of zoning as this board uh is probably well aware uh an applicant uh isn't granted variances just for the sole benefit of the applicant. There has to be a public purpose. And I believe in Donna's preamble to the uh meeting tonight, she went through those, but I'd like to review those a little bit more in detail. Uh municipal land use law
outlines 16 purposes of zoning that are public purposes that would be a benefit to the public. I believe we satisfy four of those. Uh A is to encourage municipal action to guide the appropriate use or development of all lands in the state in a manner which will promote the public health, safety, morals, and general
welfare. Uh while I'll address this in a little bit more detail, the New Jersey legislature recognizes clean energy and renewable energy sources as inherently beneficial uses so important to the public health and general welfare of communities that it was granted special status with respect to uh the type of
variance relief that would be granted uh related to that. Uh G is to provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial, and industrial uses in order to meet the needs of all New Jersey citizens. Uh this is a business district. It's already approved with the use. This
isn't adding any more impervious uh coverage. We have offset any disturbance that were required for the ground mounted system with removing some pavement that wasn't utilized prior. So I think we're very much on balance in terms of putting this in an appropriate location and and complementing an existing use towards efficient use of
land. Which brings us to M to encourage the coordination of various public and private procedures and activities shaping land use development to uh with a view of lessening the cost of such and to a more efficient use of land. Again, this isn't a standalone uh facility.
This isn't going on untouched land. This is going on rooftops that exist. Uh it'll have a a definitive lifespan of 25 years as was indicated and there will be a removal plan at the end of that date. It's a very efficient use of land. Um and it will create a public benefit. And finally, N is to promote the utilization
of renewable energy resources. And that's what we're doing this evening. We're providing a resource that'll provide affordable energy to uh local uh citizens and particularly low and moderate income households in the area. So, I think we do satisfy those for public purposes. And that brings us to
the variance relief. Uh what we're seeking this evening is D1 variance, which is a use variance. uh the New Jersey legislature found that renewable energy sources qualify as inherently beneficial and has provided guidance with respect to how that's handled with
respect to land use. Uh inherently beneficial uses were traditionally created to deal with a very narrow range of things that are universally accepted as benefit to the public and these include things like hospitals, schools, child care centers and specifically photovalttaic uh energy facilities such
as solar systems and wind uh facilities as well. uh the appropriate test for it inherently beneficial use is what's known as the SECA balancing test which was created by the legislature through SECA v board of adjustment of wall township which uh dealt with a healthcare facility. Uh the SECA balance
test is a four-prong test uh which starts with uh identifying the public interest at stake. In this case the public interest is the generation of clean renewable energy uh for use by community solar program. The immediate benefits to the community are more efficient uh energy costs as well as an
efficient use of land. Uh the second prong is to determine uh if there are any detrimental impacts that would ensue from the grant of the variance. These these panels won't generate any noise. There won't be any traffic, trash, runoff concerns generated visually. Uh the testimony was there would be five
six inches above the roof line. I don't believe they'll be visible to it. They're certainly well within the envelope that the zone permits for height. Uh so I don't believe there are any detrimental impacts through this uh application. Uh the third prong, excuse me, uh would
be to determine if we can reduce any of those detrimental impacts. Given that uh we haven't identified any, I don't believe there's anything that we have to address with respect to this and it's a de facto uh check on the list. And finally, weighing the positive against the negative criteria. So in terms of
the positive, we're permitting a regenerative uh energy source that benefits the community. It's a low-scale installation that will be have a visual impact upon anyone and it's specifically cited to be uh promoted through state in initiatives and lowcost initiatives through the utility company to provide
uh discounts of up to 31% uh for the for the locality and be specifically targeted towards low and moderate income households. So I think when we look at the positive and the fact that there are really any detrimental impacts of this I think we certainly uh on the Zika balance test pass that criteria. Uh with
respect to the bulk variances, Donna mentioned the the price v he bulk variance is subsumed and in this case we have uh to put some ground mounted equipment close to a utility pole where we'll be connecting. Everything that we're proposing is underground to that utility pole. Uh there will be a setback
requirement of 4T. Uh that is adjacent I believe to a driveway by the Starbucks. Uh so it's not really having any impact upon any of the surrounding buildings. We will be screening that with landscaping. we are providing protective ballots around that. So uh I do believe
with respect to the criteria related to those bulk to that specific bulk variance that requesting uh the benefits certainly outweigh any detriments as it will assist in the creation of this uh facility. It will assist in the generation of this facility. It is a modest impact and it will be offset by
removal of uh impervious surface that'll keep it uh in line with what was prior uh with the prior approval for this property. When we look at the uh impact of that uh balance uh test for the C variants, I think we certainly meet that and we certainly uh meet the criteria of
being subsumed for the necessity of this project and on balance I think this project can be approved and would be a benefit to the community. Thank you Andrew. Great. I believe the applicant has met all the proofs required for the DNC variances.
Okay. Comments from board members questions. Councelor, do you have a site on that case where it says the bulk variances are sub? Yeah. Price vimei. Um, it written in your reportation. Uh, yes. I have uh
214 NJ263 uh 301 uh in 2013. Slow down one more time. 214 214 NJ 263, 301 2013. Thank you.
That's a lot of pages. I'm glad you gave me that 301, but Fred, I have a question. Your number six and number eight, you're under your general comments. I'd like to know like
number six, how the community solar project serves low to moderate income families. Yes, I believe we heard testimony that that under the program 51% of the power generated by this program must be directed to low and moderate income
households. Are you asking how it gets there to them kind of? Yeah. Yeah. How does it how does it identify and get to those low How do you get there? Right. So So I believe uh Courtney uh testified with respect to the the application
process and how there's community interaction. and she'll meet with community uh groups, put out uh essentially spread the word through flyers, uh posts on your website if it's so permitted uh that this program is available, how to sign up for it, the applications will be posted. So, there's
a public outreach person uh program to make this available to the public and to make them aware of this. How does it physically get to those people after they fill out the application and they're accepted? So those are no difference. The power just continues to work but your bill changes.
It's just a bill change. Yeah. So the the power will be directed directly to the energy provider in this area PSG and they will adjust their billing based on the knowledge that they're purchasing this much energy. My my question right was my question was that people do have to apply for this as
if calling yes lowinccome family. Correct. Yes. And then also, Fred, I wanted to know if you thought those two additional trees is enough. I I I think given what we have there, but I always like it if you would approve something subject to me meeting
them out on the site. That's enough. There is an old wooden fence that goes across there, it's has some age to it, but uh this all the apparatus, you will not see it from Route 38. But of course, if it was up to me, I would ask to
landscape the entire frontage of this property. So, we didn't see the self storage. But that's we look for your guidance. Yes. I mean, I would like the opportunity to look out where they're going to place them. The plan changed a little bit uh from what we had previously, you know, few feet here, a
few feet there. But, um, yes, I would love the opportunity to maybe, you know, no more than six trees or shrubs or something out there just to provide a better screening. So, I can't see my Donna, do you understand what that means? That's okay. They'll meet with you and
allow up to six trees to be placed on the site somewhere. Just to follow up on We do have to ask the owner of the property though because we don't technically have a lease agreement over across their whole property. So, that would also be subject to their approval. That's fine. Yeah. They they've approved this.
Yes. If the low and mod do not sign up, let's say 0% signs up, does that 51% then go to first come first serve and after like what time period? Oh, that you would have to ask a solar Courtney, do you want to come up? Do you know the answer to that question?
Not it's still left open for Courtney, could you come up? Yeah, you got to come up to the microphone. You're hiding behind the Here's another chair over here. Yeah. And I don't know if that mic will stretch, so you'll have to speak up.
Um, no, that 51% is still left open for low moderate income. Okay. I don't think there's going to be a problem with that. Oh, okay. I doubt it. Thank you, Courtney. No problem. And Andrew,
any any other question? No. Okay. I did have a question. Oh, we have a question. Probably more of a structural question. I'm just curious about the way that the panels are installed on the roof. Does that change the way that the gutters drain? Like would the green the gutters
need to be upgraded to be able to handle the additional water flow or can they actually handle that same amount with the way it's changed? So it's it's the same surface area. We're not increasing the surface flow or or it's so the panels don't extend over the rooftop totally be continued on.
Correct. Okay. So it wouldn't change any existing drainage patterns or anything. Okay. So, they wouldn't provide an overshoot of the gutters or anything. It's just No, it all just slopes onto the roof. Very good. Thank you. Thank you. I I just have one question. Maybe it's
stupid one. I don't know. um is this equipment that's going to be on the ground. It's it's pretty protected from people going to try to, you know, play with it or, you know, somebody coming along and, you know,
trying to mess with it or damage it or get electrocuted. Is it industrial so that they really can't? It's Yeah. And it's like tucked away in where we have it on this property as well. So, it's kind of out of view. Okay. Is it too?
Is there an alarm in that area? Not I I'm not sure of that. Okay. Have you ever had to have an alarm in the area to protect it? Not that I'm aware of. No. So, what's being installed there now is similar to what has been installed at other sites. Correct.
Yeah. And I I believe the cabinets have locks. Yes. Is there video? Do you have cameras? Is it not that it's any more dangerous than the property owner? Mostly if something goes wrong is do they contact you or contact
they would be contacting us. Is that it folks? One more. I'm sorry. Yep. Do you have any handouts or pamphlets of the New Jersey community solar energy program that you would be handing out or distributing that we could
um I don't have any on me but we can definitely get some to you. Okay. We have our community outreach team as well. So we could always connect them with you. So would the application be available for the municipality to put on their web page? Yeah, that's usually
if I may. Our sustainable maple shade is already working very closely with sustainable New Jersey on this program. So we already do have things up on our web page. Sustainable maple shade. We did a video. I was actually part of it with PSENG. So it is something that they've been working closely on to do
for the Is this our first Susan? This is our first. Yes. Beth, you have a third. No, that's all for me. Thank you. Okay. Uh Andrew, thank you. Correct me. Thank you. Thank you,
Donna. Anything else? No, I think you heard it all. Essentially, as indicated, this is something that has a lot of community benefits. It has been deemed inherently beneficial, and I know that Solar Landscape looks forward to becoming part of the community, and we hope that you would grant an approval.
Okay, with that, I'm just going to ask if there's any last minute questions. If not, I'm going to ask for someone to make a motion. The motion would be to grant a use variance including the bulk variant setback variance as
we just need one motion and minor site plan approval. You can do a motion minor site plan approval too. Minor let's do it all in one motion. Uhhuh. Okay. Can we add the trees in there too? Pardon me. Can we add the trees in there too?
Well, that's going to be worked out because uh they don't have the whole site, right? They're willing to work with the engineer. Absolutely. And if the site works with them, then it'll happen. Yep. Absolutely. Okay. So, it's all one motion and we need someone to make it. I will make a motion.
And that is Laura. Okay. I'll second it. And Beths that roll call, please. Miss Bevich? Approved. Miss Kazerachi, approved. Miss Reeds approved. Mr. Stevens
approved. Miss Raid approved. And Chairman J approved. Great. Thank you so much, guys. Have a nice evening. Thank you. Okay, Robert, we have some resolutions. Correct. You know,
there are three resolutions from the August 13 meeting which I will summarize. The first one is for Francis Bertelli, if I'm pronouncing that correctly. The property address is 115 East Mill Street. Uh it was a request
for an oversized detached garage. Um he is replacing an existing garage uh and installing a new 22x 45 foot one and a half story garage.
uh and he testified that the new garage would be used for interior storage of vehicles, trailers, yard equipment. There would be no business conducted. The garage is in the same basic location as the existing garage. There was a
metal fed which he is removing uh and the board approved it uh with a condition that there would be um electrical service.
Um plumbing service is not permitted. the shed would be removed and I think that's it. So the eligible vote is Grady Valentino
Bevich Mortimer Zerga Reeves and Ge. Is there a motion? Make a motion. Mrs. Brady, I'll second. Second it. Mrs. Bevage. Yes. Miss Bevage. Yes. Roll call, please.
We have Miss Ra. approved. Miss Reeves approved. Chairman Gate approved. Okay. The second one is for Lance Carcillo,
215 West Woodlon Avenue in the R1 zone. Uh this is for a new garage. Uh privacy fencing and a driveway uh to the new garage. Uh he was proposing to construct a new
detached garage of 24 ft by 40 ft. Uh install some privacy fencing and install driveway and apron uh to the garage. Uh he testif the uh property owner testified that uh the ordinance permits
768 square ft. He wants 960 square ft. The larger garage would allow him to keep vehicles off the street and create interior storage of equipment uh because his house is undersized and he cannot
come out accommodate the storage. Um he also plans to install three- foot high see-through fencing along the front and side borders. Uh there were no comments during the public portion. The board
approved it um with the condition that he would install uh a window real or fake on the side guard facing the neighboring property
and the board approved that the eligible voters Ray Valentino Mortimer Zerga Reeves and G is there a motion I'll make a motion Mrs. Re seconded by I'll second
back. Roll call, please. Miss Reeves, approve. Miss Ry, approve. Say febage as well. Yeah. Y and chairman G approve.
The third variance the board voted on was flex Reno. Uh that was a uh property at 105 McCrae Lane in the R1 zone. The applicant was
seeking uh not a variance but a certification of pre-existing use as a duplex. Uh the board heard testimony uh of u people who were familiar with the property going back into the 1960s.
Uh and uh the evidence indicated it's always been used as a duplex. Uh the cuto off date where the zoning change was 1971 and ultimately the board was satisfied with
the proofs that were submitted. Um, in fact, the testimony went back almost into the 40s and 50s of uh people who had lived there. And the board was satisfied with the
proof submitted and voted to grant a certification of pre-existing use and referred the matter to the Township Construction Department for any code requirements that may apply to a duplex building.
Where's my I don't think is a but the voting voters are the same as on the other resolutions. You excuse Yeah, you excuse yourself,
right? Okay. So, is there a motion? I'll make a motion. Motion, Miss Bevage. Seconded by I'll second. Miss Reeves. Roll call, please. Miss Bevage, approved. Miss Reeves, approved.
Chairman Gate, approved. Okay, we have minutes to approve. Motion to approve the minutes. Mr. E, seconded by Steve, Mike Stevens.
All in favor signify by saying I. I. Those opposed eyes have it. Before we adjourn, we haven't had a once around for a while, so we've been having late meetings. Uh, and I would like to start it. Uh,
number one, I would ask Kyle, looking ahead in December, if we could have a very light schedule, load up November if you can, because normally the board likes to escape for a thank you for the year to Kavas and have a
good time. No problem. Now, in the event that there is something that needs to be heard, we will and we'll postpone to January, but if you can look ahead and load us up in November, that would be good. No problem. Okay. Second, I have something for Beth.
For me? Yes. Oh, I've been meaning to email you, call you, text you, uh, to thank you for looking or reviewing the testimony for
105 McCrae ahead of time. Otherwise, we would not perhaps have had enough voters. and to take the the time and the interest to do that on your own. Nobody encouraged you. You just did it and you were able to fill in
for us. So, I want to thank you. Thank you. I really appreciate it. I enjoy watching. I'm going to start with Frey once around. I guess I'll talk shop solar. The solar that I had seen out at the site, you saw it was just a little area in New Jersey.
Many of you may already know the only solar you can get on your house is the amount of energy that you use. You can't fill your whole house up. And so that's why they had that very small area. So the reason they were here tonight is it was a separate business coming in the
solar not versus why are they here? Because everyone has solar. It's because it's a business that was being installed on this property. That's that's all I just wanted to make that point. So Mike, thank you. You want me to call you for the next meeting?
Yeah. Hour in advance. Yeah. Hour's good. Beth. Um, no. Just nice to be here. Nice to see you all every month. Robert, no comments. No Phillies comments or anything.
Ah, Phillies are going to the World Series as far as we go. Karen, glad to see everybody tonight. Missing some people. Uh, but I thought it was a good meeting. That was pretty that was interesting. And I was interested in how
it is that low-income and moderate income people can Yeah. get that energy. But I assume it's available to anybody. The other 40 Well, the other percent Yeah. They said they're required for 51% but the other is open end.
But then you have to qualify and they're thinking that 87 people will get that. That's pretty good. Yeah. Just from one business. Yeah. Just from one. Yeah. Yep. So we gave um we the last council administration um had given out three letters of support for
community solar. So they were they were just one of the applicants that had come in and they made a good presentation too. They were uh very very thorough when we met them at council as well. Laura, anything? Interesting meeting. Good to see everybody. Miriam,
good to see everybody. Kyle, glad it's early. There you go. You look tired. We said that earlier and I said, "Well, we thought that later." And I'm extending it. Sorry, Susan. No, other than uh we will be training, we're training someone uh for the actual
land use secretary. We are sending someone to school because this position does need to be licensed. You do need to have a license and a certificate. Um I get the I get deferred just because I am the township manager, but yeah. that we are sending. So I will remain throughout the the rest of
the year for this position, but I suspect I suspect that by January 1 there will be somebody else in the scene. So yeah, Susan, you don't look tired, but you should. I'm very tired. I'm glad it's early, too. Okay, we need a motion to adjurnn. It's
made by Mr. Gee. All made by Pike Stevens, seconded by Mr. Gee. All in favor signify by saying I. Those opposed can stay.