Transcript for Piscataway Planning meeting on January 12 2022
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Jan 12 2022 · Planning
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Speaker 0Piscataway Township planning board is called to order on the zoom platform in compliance with the open public meetings act adequate notice this meeting was provided in the following ways, posted on the bulletin board of the municipal building and made available through the township clerk notice published in the courier news notice sent to the store ledger notice made available through the township librarian place. On the record that we are having this meeting through an online platform in light of the COVID-19 pandemic and keeping with those guidelines that have been by the department of community affairs. The planning board tried strategies best to comply with the open public meeting act and the governance guidelines and dealing with the current situation, the zoom contact information for all of the meetings and in the notices has been sent out. I believe the board has done its best to comply with the DCA guidelines and the open public meeting act. And I think that is all correct. So roll call
Speaker 1Councilwoman Cahill, Ms. Cochran, Ms. Saunders, Mr. Espinosa, Mr. Foster and Madam chair, the Smith
Speaker 0Pledge of allegiance. And I believe Ms. Smith has her.
Speaker 1I pledge 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.
Speaker 0Thank you for the big flag now for 2022, Ms. Smith, I guess now I will take nominations for election, for the chairperson, for the board
Speaker 2Acting chair. I'd like a, this is Mayor. Wahler like to nominate a Brenda Smith as chairperson of the,
Speaker 0So I have a second. Are there any other nominations for chairperson hearing? None. All in favor of
Speaker 1I'm going to do, I got to do a roll call Mayor Wahler yes. Councilwoman Cahill. Yes. Yes. Corcoran. Yes. The Saunders. Yes. Reverend Kenny. Mr. Espinosa. Yes. And Mr. Foster and now Madam chair will take over the meeting.
Speaker 3Madam chair. Thank you very much. Okay. Here we go. Nominations are open for the lecture to have a vice chairperson. We have any nominations,
Speaker 2Matt, Madam chair. I would, I would like to nominate Reverend Kenney as vice chairperson of the planning board.
Speaker 3Are there any seconds
Speaker 1Carol Saunders?
Speaker 3Are there any other nominations to that position? I suggest that any motion to close the nominations, do I have a motion to close the nominations? Okay. We take roll call for the election of Reverend Kenney as vice chair. Roll call please.
Speaker 1Mayor Wahler. Yes. Councilwoman Cahill. Yes. Yes. Miss wanders. Yes. Mr. Espinosa. Yes. Mr. Foster. Yes. Madam chair.
Speaker 3Yes. Nominations are open for the election of secretary to the board.
Speaker 2Madam Madam chair. I'd like to nominate Carol Saunders as board secretary.
Speaker 3Do I have a second? Any other nominations for the board, but someone liked to close the nominations for us. Secretary of the board. So
Speaker 1Moved Councilwoman
Speaker 3Cahill. Do I have a second
Speaker 1Second
Speaker 3Roll call for the nomination of revenue? Carol Saunders as secretary to the board?
Speaker 1Yes. Councilwoman Cahill. Yes. This corporate. Yes. Reverend Kenney. Mr. Espinosa. Yes. Thank you. Mr. Foster and Madam chair. Yes.
Speaker 3Do I have nominate? Nominations are open for the appointment of a board secretary. I mean a board attorney,
Speaker 2Madam chair. I'd like to nominate Tom Barlow as board attorney
Speaker 1Carol Saunders. Second.
Speaker 3Are there any other nominations? It was there. They had the nominations closed
Speaker 1To Councilwoman
Speaker 3Cahill. Second Roll call for the Mr. Barlow board attorney.
Speaker 1Yes. Councilwoman Cahill. Yes. Ms. Corcoran. Yes. Ms. Saunders, Reverend penny. Mr. Espinosa. Yes. Mr. Foster and Madam chair.
Speaker 3Yes. Nominations are open for the appointment of a planner.
Speaker 1Madam chair. This is Dawn Corcoran. I'd like to appoint CME associates as the board planner.
Speaker 3Is there a second for that motion?
Speaker 1Carol Sondra second.
Speaker 3Are there any other, do I have a motion to close the nominations?
Speaker 1Carol Saunders
Speaker 3Roll call for the nomination or election of CME as a planner for the township Mayor. Wahler
Speaker 1Yes. Councilwoman Cahill. Yes. That's Corcoran. Yes, it was cylinders. Yes. Roman. Kenny, Mr. Espinosa. Yes. Mr. Foster and Madam chair.
Speaker 3Yes. Nominations are open for the appointment of a recording secretary and clerk. I like to nominate Ms. Laura Buckley as the recording secretary and clerk to the Piscataway.
Speaker 1Carol. Sonder second.
Speaker 3Do I have a motion to close? These nominations
Speaker 1Joined the meeting. Mayor Wahler Councilwoman Cahill. Yes, yes, yes. Saunders. Yes. Reverend Kenney. Mr. Espinosa. Yes. Mr. Foster and Madam chair.
Speaker 3Yes. Committee appointments there.
Speaker 1Your call chair.
Speaker 3Well, I'm usually the person who attends the site plan committee meetings. Is there a nomination for someone to, for the board of education? Is there Reverend Kenny as our liaison to the board of education, economic development, who else is available? Ms. Saunders?
Speaker 1That would be Dawn
Speaker 3Corcoran. Ms. Cochran. Okay. I'm happy
Speaker 1To do it.
Speaker 3You're doing an environmental. That might wasn't too. That was kind of inactive, but I got a feeling it's going to be active
Speaker 1Dawn Corcoran.
Speaker 3Okay. Thank you. The organization meeting is closed. It's adjourned. Do I have a motion to adjourn? The reorganization meeting all in favor?
Speaker 1Aye.
Speaker 3The regular meeting of the Piscataway Township planning board will please come to order The Piscataway Township planning board, regular meeting, but please come to order. Adequate notice of this meeting was provided in the following ways. Notice published in the courier news notice posted on the bulletin board of the municipal building notice made available to the township clerk and notice sent to the courier news and the star ledger and notice of Mr. Barlow. Wait, can we have the open public meetings notice, read again, please.
Speaker 0Yes. This meeting is being held through the online meeting platform in light of the COVID-19 pandemic Keating with in keeping with the guidelines that have been disseminated by the department of community affairs. The planning board has done its best to comply with the open public meeting act and the governor's guidelines in dealing with the current pandemic. In addition, the applicants who will be heard this evening before it's in their notices members of the public, who wish to be heard will be afforded the meeting an opportunity to be heard as if they were in the actual physical space. And I believe the planning board has done its absolute best to comply with the open public meeting act and the DCA guidelines. Madam chair.
Speaker 3Thank you so much. Well, the clerk, please call the roll.
Speaker 1Councilwoman Cahill. Ms. Corcoran here. Ms. Saunders, Mr. Espinosa, Mr. Foster and Madam chair
Speaker 3Here. We have swearing in of the, no, we have to read pledge of allegiance again. One moment please. Okay. I pledge,
Speaker 1I see the flag 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.
Speaker 3Thank you. Or are there professionals to be sworn in this evening?
Speaker 0Yes. Madam chair that we have the new planner. Mr. Reiners thin
Speaker 4You got it. Almost Reinertsen. I tried not that's okay. My name is not Smith, so that's a respective.
Speaker 3It'll be
Speaker 0Spot. Mr. Gottlieb. I understand is gone into take a new job with entrepreneurial.
Speaker 4I, I miss him. He sat right next to me and I still keep in contact with him, but it's a pleasure to be here.
Speaker 3Can I have your name?
Speaker 4Okay. My, my last first name is Ronald. You can call me Ron S news Reinertsen, R E I N E R T S E N. I'm a licensed planner in the state of New Jersey since 2005. I'm licensed in good standing. So I hope
Speaker 3To,
Speaker 4I look, I just looked up my record the other day and it's it's, it's perfectly clean, so I'm I'm good.
Speaker 5Okay. Mr. Reiner, steam Sten, can you please raise your right hand? Do you swear that the testimony about to give we didn't the truth and nothing but the truth?
Speaker 3Yes.
Speaker 4Thank you.
Speaker 3You're welcome, Mr. Barlow, or are there any changes to tonight's published agenda?
Speaker 0Yes. Madam chair, number 11 on the agenda. 21, PB 34 slash 35. The 1 45 north has been postponed until February 9th, 2022. The next meeting Laura corrected from, I don't think he noticed yet. Did he?
Speaker 3He wanted to get a new list and we notice again. So he's going to notice
Speaker 0We'll be a new notice. If anyone's on the zoom meeting for one 40 circle drive north, that's going to be heard at the February 9th meeting as of now and notices will go out. That is the only change, the agenda that I'm aware of that.
Speaker 3Okay. Thank you. The next item on our agenda is a adoption of resolution to memorialize action of December 8th, 2021. Okay.
Speaker 5Madam chairman, Carol saunas, all like demoralize application 21, PB 29 slash 30 crecimiento and Kerry Dickus Castano, minor subdivision. Ow deacon. Stanzel minor subdivision of bulk variants.
Speaker 3Do I have a second Please?
Speaker 1Mayor Wahler yes. Ms. Corcoran. Yes. Ms. Wanders. Yes. Mr. Espinosa And Madam chair. Yes.
Speaker 3Item number eight. Adoption of the minutes of the regular meeting of December eight.
Speaker 5Madam chairman Carol Saunders. I'd like to adopt the minutes from the regular meeting of December 8th, 2021.
Speaker 3We'll have a second
Speaker 1Mayor. Wahler yes, yes. This wonders. Yes. Reverend Kenney. Mr. Espinosa. Yes. And Madam chair
Speaker 3Number nine is 21, PB 36, Lish 37 V as in Victor innovations, Inc. Preliminary and final site plan.
Speaker 7Thank you. Madam chairwoman members of the board. Happy, happy new year to all. My name is Kevin Morris. I am counsel for the applicant snack innovations, Inc. The property is located at 41 Ethel road west, the company or the applicant is in the business of manufacturing and distributing food snack products, which is a permitted use in the zone where this property is located. We are before this evening seeking preliminary and final site plan approval, but some bulk variants relief to construct some building additions to the existing facility, to increase both the manufacturing and warehousing space of the existing business. Before we proceed, I would just ask Ms. Buckley. I had previously overnighted our affidavits of publication and mailing. I wanted to make sure that those were received in an order in order that the board has jurisdiction to
Speaker 1Pursue received.
Speaker 7I'd have a number of witnesses, Madam chairwoman, Alan Benz, who is a principal of the applicant or an owner. I have Josh Turner, who was our professional engineer, Roberto Martinez, who is our architect, John Ray, our traffic engineer and John McDonough, who is our professional planner. I would first call Mr. Allen Benz and asked that he be sworn please.
Speaker 5Mr. Mint, Ben Tai, can you please raise your right hand? Do you swear that the testimony about to give the lady truth and nothing but the truth? Can you state and spell your name for the record please?
Speaker 8Alan Benzie, a L L E N Benz B E N Z.
Speaker 7All right. Thank you, Mr. Benz, you are one of the owners of the applicant stack innovations, Inc, correct? Yes, that's correct. And you're authorized to appear on the company's behalf regarding this application. That's correct. Oh, I understand. The company is a family operated business. Is that right? Yep. Yeah. And you are in the business of manufacturing and distributing what you refer to as a better for you gourmet snacks. Is that correct? That's correct. I understand. You've been doing so at the current location for about the past five years. Is that right? That's correct. And you manufacture these snacks, not only under your own label, but under a labels for other others as well. Is that right? Yeah. Private
Speaker 8Label. Co-pack manufacturing contract manufacturing
Speaker 7Right now. I understand the products, the snack products we're talking about are a potato and vegetable chips, sticks, fries also have a gourmet flavor and also popcorn things of that nature, correct?
Speaker 8Correct. Yeah. Wide range of salty snacks, chips, stick, strips, puffs, popcorn,
Speaker 7They're all healthy, healthy
Speaker 8Better for you and a gourmet,
Speaker 7The current business operations. I just like to get that on the record. I understand that you operate three shifts per day on a 24 hour basis. Is that correct? Correct. And those are conducted five days a week, Sunday, 3:00 PM to Friday 3:00 PM. Is that correct? Correct. Right. And I understand on shift one, you have a maximum of 50 employees shift to a maximum of 40 employees shift three, a maximum of 30 employers. Correct. Now you're seeking to increase the square footage of the existing facility to provide you with some additional manufacturing space, but more predominantly additional warehouse space. Is that correct? That's correct. I understand one of the challenges that you face with the businesses that you don't have enough warehouse space presently to store the raw materials you need to manufacture the products so that you have to middleman warehouse is that you are trucking into because you can't store enough in the current facility.
Speaker 7Is that correct? That is correct. All right. So one thing that will be eliminated will be the, or the deliveries on a daily basis from the two other middleman warehouse locations, you can have the raw materials that you will need now all shipped directly to your facility, correct? Yes, that's correct. Right now from the standpoint of additional employees, I understand that for each shift you're anticipating perhaps three, not more than five based upon the expansion, is that right? Correct. And that's because number one, that manufacturing equipment is pretty automated. Is that right? That's correct. Yes. And then the other thing is the warehouse space is just really much more storage space, correct? That's exactly correct. Yes. Okay. Now, well, one of the things in connection with the proposal is a nice new paved parking area. If your employees, correct? Yes. And we've taken a hard look at this.
Speaker 7We are proposing 57 spaces in total. However, we don't really think we need that many spaces. Is that right? Yeah, that's correct. Okay. So, so the idea is we'll provide 57, you're requesting permission to bank 15 spaces, making sure there's an area on site to build them out if they're necessary. Correct? Correct. But by backing those and paving only 42 spaces, you believe that will be sufficient. And the idea is just to leave more green space if you don't need the additional spaces, correct? Correct. Yeah. Right. I understand one of the reasons why the parking works at 42 spaces, from what you told me, you have a number of employees that carpool to work, is that right? Correct. And also some of your employees are actually provided by an employment service that actually drops them off by a delivery vehicle or a bus and then picks and picks them up at the end of their shift. Is that correct? Yes, it does.
Speaker 7So based upon your anticipated parking demands, it's your opinion that the, what you've provided in terms of parking, where we suggest to provide will be adequate for your needs and your employees for the, for the immediate future? Yes. And if we expand beyond that, where you have those banked spots, we can open up. Okay. And if the tantrum, if you receive the benefit of approval, you add up no objection to a, a, a provision or a condition of approval that if the township ascertains or believes that there's too much stress on the parking and ask you to build those out, you would be required to do so you would agree with that, correct? Correct. Yes. Right. Ladies and gentlemen, I have no further questions of Mr. Benz. I wanted to get those particular items on the record. You're going to hear a lot of testimony from other professionals. I will keep Mr. Benz available throughout the hearing. If they come up, if there are questions now, or I would move on to my next witness to provide you with additional details regarding this proposed development,
Speaker 3Okay. Board members, you've heard the testimony of Mr. Benz. If you have any questions for him at this time regarding his testimony, hearing no response, I'd like to open it to the public to see if they have any questions of Mr. Benz. It's about Blake. Would you check
Speaker 5Now and raising their hand?
Speaker 3Thank you. Close to the public. You may ask, call your next witness.
Speaker 7Mr. Benz, you can step down, but please remain available in case we need you. Or before the hearing is concluded. I will call Josh Tyner, who is our professional engineer. If he could be sworn, please,
Speaker 5Mr. Tyner, can you please raise your right hand? Okay. Do you swear that the testimony about the good we to truth and nothing but the truth? I do. Can you please state and spell your name for the record?
Speaker 9Joshua Tyner. That's spelled J O S H a T I N E R.
Speaker 7All right. Thank you, Mr. Tyner. I understand that you are a licensed professional engineer in good standing in the state of New Jersey since 2003. Is that correct? Yes. You have not had the pleasure of testifying before this board previously, is that right?
Speaker 9I don't believe so.
Speaker 7All right. So it asks that you please give the board the benefit of your credentials and experience for their consideration.
Speaker 9I studied civil engineering, Penn state university graduated in 1995, worked at several engineering firms and then set for the PE exam, passed that in 2002, received my license in 2003. And I've been a practicing engineer ever since.
Speaker 7And now you have been accepted and testified before other municipal land use boards throughout the state of New Jersey prior to this evening. Is that correct? Yes,
Speaker 9Doesn't
Speaker 7Right. And you've always been accepted as an expert in your field professional engineering. Yes, I have. Right Matt, I'm sure women. I would ask that you accept Mr. Tyner is our expert and professional engineer.
Speaker 3He's accepted. Thank you, Mr. Morris, what firm is he with?
Speaker 9W w red com design and construction, LLC.
Speaker 7Thank you. Now, Mr. Tiner, you prepared the site plan that is before the board this evening. Is that correct?
Speaker 9I was involved in that preparation. I was prepared by the owner of the company, Greg writing.
Speaker 7And you're fully familiar with the plan, is that correct? Absolutely. And you worked on the plan substantially, correct? Yes. Right now, can you describe the site first as it presently exists? Very briefly for the board
Speaker 9Right now, there's a, there's a 35,400 square foot building, sitting on the property. Should I bring up the exhibits at this point? Are you
Speaker 7Oh, that is up to you. Certainly you can share a screen. I would ask Mr. Barlow, we have some different from the various professionals. We'll just start them as a one through what we get to I'll have them identified if that's acceptable to you. That's fine. Right? So if you want to pop up your first exhibit, Mr. Mr. Tiner.
Speaker 9Hmm, the visible yet,
Speaker 7Just please identify the, the exhibit before you begin your testimony. So we can make a record of that.
Speaker 9Sorry. Yes. This is a, an aerial exhibit. All I see is a hand. I'm not going to be able to look at the camera. It looks like as I would have prefer now, can you see this? Yes. Okay. I can see it zooming. Yes. Okay. So this is a, we call this an aerial exhibit, basically, just to give orientation to where the site is. You have stealth and road running north and south, and this is where it intersects with FL road west. And if you then come to the west, just a little bit, 700 feet you cross, what is 41 FL road west. And so this is the site, as it presently looks, there's one access 0.1 driveway into the site. There are some loading docks here on the side of the building. There's a small parking area, then some loading docks, a little further to the south and some additional parking further to the southbound. This site has 190,000. It's actually about 192,000 square feet or 4.4 acres, but there's a dedication requested. So the dedication through the process will be 4.36 acres on the other property.
Speaker 7All right. Can you describe for the board, the proposed building additions development and infrastructure improvements under this application?
Speaker 9Yes. So this second exhibit, we're calling an exhibit rendering, number one, it's a colored rendering of the site plan that isn't a site plan package that was submitted for the application. This is actually rotated 90 degrees.
Speaker 7We're still on the first exhibit, the aerial. Did you switch
Speaker 9It? Let me do that real quick. No, but to see that now does that rendering visible? It's like a ten second delay. So let's just go. I think what's hard about that. Yep. Okay. So this is basically a rotation. 90 degrees north is now to the left than the site of, of the, of the drawing. Let me some glitch in here F the road is, is running westbound downward on the page. Oh, what just stuck connected. And we got the blue circle of death I'll address. So describe, describe the additions to the existing building. Yes. Okay. So, okay, good. So as the road is running down westbound, down on a sheet and there w we're basically adding 51,190, 50, 1,119 square feet of new addition to the building, giving us a total footprint in the post construction condition of 86,419 square feet. So this pet portion here to the left of the, or to the top of the building, if it's left from the street is a part of the addition.
Speaker 9And then there's also an addition in the back, which is, is larger here. There's a notch in the building that you can see a midway back, which is for the new loading docks. There's a substantially more, more adequate circulation for the truck circulation, just so everyone's aware. Typical distance from a face of a loading dock to, for the largest vehicles to the curb would be 130. We're providing a hundred and thirty five eight now, and each of these four spaces now have adequate circulation ability. So we're adding parking as well. So there's a reconfiguration of the parking over here, which basically gives you eight spots there and some spots in the back numbering, approximately just one, quote, my notes here over providing a total of 42 with the remaining 15 total 42 spaces, 15 a bank. The bank spaces are seen here in the front as green, that 50 spaces right here, there's retaining walls proposed, starting about this point of the site, back to the rear part of the parking area in order to retain back a good portion of the site since the site actually slopes from the south to the north, there's a good bit of earthwork removal that'll occur.
Speaker 9And the building itself actually will, its structural walls will function as retaining walls. So that's why you can see these interior stairs that allow them to come up off the warehouse floor and exit out through building or enter. We're adding on a new 1000 square foot office space. Now on the new addition to supplement the two office spaces that are existing, which will remain the building breakdowns currently there's approximately 24,380 square feet of warehouse and 9,600 square feet of manufacturing with 2,840 square feet of office totaling an existing. So in the net end condition or a feed available for warehouse 22,105 square feet of manufacturing, 3,840 for the office space. So that's an increasing their ability to have warehouse by about 40,000 square feet and the manufacturing onsite more than about 12,000 square feet. So it improves their ability to function as a there's a, this site's been designed in accordance with , which is the state drainage regulations, which were recently updated in March, 2021.
Speaker 9And so we have to make accommodations for ground water, recharge, water quality, and water, quantity options, and everything about our design complies with that. We've also improved landscaping, have several comments from the professionals about modifications and landscaping, which we believe will be no problem to accommodate as, as compliance with the resolution. We've added lighting around the site so that there's adequate lighting for the parking areas and loading and circulation around the site. And that is the main gist of the improvements. We do have a dedication that was alluded to earlier. That's shown here in a darker green shade proposed sidewalk along the curb, which we proposed a four feet. One of the professionals has asked it to be five feet and we have no problem with making that change. Perhaps we go into the professional letters.
Speaker 7Yes. Just two questions. Number one, from a drainage perspective, you'll be compliant with the most recent regulations. Will this proposed development have any negative impact on adjacent or neighboring properties from a drainage perspective?
Speaker 9No, it will improve drainage on the intestines.
Speaker 7Is the lighting designed in such a way that the new and existing lighting will be done. So it's not to have any negative impacts on adjacent or neighboring properties as well.
Speaker 9Well, we don't believe there's any negative impacts to adjacent properties, good, safe, efficient lighting design,
Speaker 7Right? So there are, have been a number of memorandums issued by the various different professionals. First, let me direct your attention to the memorandum generated November 24th, 2021, by DNR engineering, the boards engineer, you've had the opportunity to go through and review all of the items set forth in Mr. Carly's letter for that environment. Right. Is there anything in here we need to discuss, or are you in a position to represent that the applicant should be able to comply or work with Mr. Carly to satisfy the contents of that memo?
Speaker 9Yes. I had a conversation with Mr. Curley prior, and I believe that everything's going to be fine for us to comply with a couple of things worth noting, just on his comment. Number seven, you mentioned that there are, it didn't appear to be encumbered encumbered by wetlands. We actually obtained an LOI from NGDP that confirmed that there are no wetlands present on the site. And number 19, just for the record. And as we discussed it, he agreed that an airation device wouldn't be appropriate in a small scale by our attention based on. So while we consider it, we're not going to be doing that. But other than that, there's nothing significant that we don't believe we can satisfy as a,
Speaker 7I had with them earlier today. Is that right? Yes, that's right, right. Well, okay. Let me next then direct your attention to the memo issued by CME associates. It's dated December 6th, 2001. And I would ask you to look on page eight, item 10, which are the planning comments. Some of these items will be handled by our other professionals, namely item a a that will be our planner item B. If you could just touch on this. There was a question with regard to a quote unquote environmental issues, which I don't believe there are, but you could just address.
Speaker 9Yeah. We looked into that. So as everyone may or may not be aware, New Jersey has a cycle Gof and it identifies a little blue triangle, which easy to hit on this site. And you can do some research into what's called data miner, the NGDP records. And basically it appears that there was a site remediation that was required on this site for the prior occupant or owner of the site of Bentley manufacturing. They had a response action outcome letter that was issued by a, a professional environmental specialists that NGDP signed off on that was signed off in 2017. And so that's one of the records that that's becoming hit. The other two that are one of those four, the one was the LOI that we applied for and obtained. And then the other two are related to air quality, which was also a requirement for Bentley manufacturing and the right to know certification or submission that every one needs to in the industrial, under the escrow regulations, that's industrial site remediation act, all of the industrial sites have to submit this information every year. And so it's just a record of chemicals that they have on site, nothing of concern that will continue to apply with that submission process every year annually. And so, anyway, our opinion is there's no environmental concern related to that note in, in the GLM.
Speaker 7All right, item C was handled by Mr. Benz item date. You can just resolve the, any quote unquote discrepancies from the article.
Speaker 9It's very important is the height of the building. Well, in the new addition, in fact, if we just direct our attention and you'll see this more clearly on the elevations and renderings at the architect review, but from this point back of the building is going to be higher. It's going to be 39 feet. That's what's proposed from this point. And this area here, it's all going to be at the existing height, which is approximately 32 feet. And so our plans just in call out the 39 feet, we are saying the entire thing was consistent with one line, but architecturally there, we're going to go with the 39 foot height, which is still compliant with the height regulation, 40 feet in the zone,
Speaker 7Refuse and recycling, understand the applicant will have a trash enclosure. Is that correct?
Speaker 9Yes. The trash and closer is proposed right here at the center of the rear of the parking area, adjacent to the rear of the site. And there's a Baylor that bales cardboard that is in this location that we continue to stay in operation for recycling
Speaker 7Right away. Dedication. I think you've touched on that already. The applicant is prepared to make one for the benefit of the tantric. Is that correct
Speaker 9Though? So process
Speaker 7That yeah. Adequacy proposed parking and loading that's items, GNH in this memo, you'll hear from the other professionals, but from an engineering standpoint, I think you already said it does this proposed development improve the circulation for both motor vehicles and the truck traffic with the additional loading bay and parking space configurations.
Speaker 9Yes, there's more a new clean parking spaces available for all the people that enter the building as well. This notch in the building for the truck, traffic is going to significantly improve to sell vehicles, circling on the site at the current time as might be alluded to by some of the professionals reports. And as others might mention, it's very difficult for the largest size vehicles to get into these four loading docks at this depth of asphalt available trucks, drivers that are skilled can make that happen. It just takes a while and doing multi point K turn type maneuvers in order to make it happen. And this will alleviate that the need for that any longer in the future, so that they'll be able to easily get in and out of the site from there.
Speaker 7Okay. Now item I, one of the variances requested was not having electric charging stations. There's been a recommendation that, that variance be eliminated. I understand the applicant is prepared to eliminate the variants and you would applicant one compare. I believe you used the term make ready for electric charging stations, whatever
Speaker 9We can add. The a two to electrical vehicle charging stations. Scott always ordinance is adopted in 2019 factor. So there's now a statewide electrical vehicle mandate law from the state that requires electrical vehicle on all new applications. And under that rule, a make ready electrical vehicle stations need to be put in place truly means is that the electrical power infrastructure is to be brought to this state to the, to this spaces, but not necessarily the charging equipment needing to be installed that will be plug and play and can be stalled in the future. So that was so tell us,
Speaker 7Yeah, you'll comply and we can eliminate that variance request, correct? Yes. Okay. Moving on to J and K you'll quite well as items, correct? Yes. Okay. Parking, there's a comment about removing the bank parking, which I know will be addressed by the other professionals and will be addressed by our architect. You already alluded on item N you'll work with Mr. Hinterstein, their landscape architect with regard to plantings and buffering, correct? Yes. Okay. And you, and the agrees to item, oh, oh, the aithal road frontage sidewalk requests with right pay, whatever fees are flickable the applicant will comply with. And again, Q has already been touched on working with the landscape architects. So I don't think there's anything else for you with regard to the CMP memo. The last memo we need to look at is dated November 24th, 2021. This is the in-house memoirs. I referred to it issued by the municipalities divisions of engineering, planning, and development. You had the opportunity to go through this with the applicant as well. Is that right? Yes. Okay. So a site impact first page items, one through eight applicant comply with those, correct? Yes. Okay. Also on page two, item nine.
Speaker 7Well, I not comply, correct.
Speaker 9Right. That's not a
Speaker 7Problem. Alright. Item 10 existing sanitary stories, which we believe is abandoned. You'll get a further information for us in that regard, correct?
Speaker 9Yeah. Well, we'll do some additional research on where it stands. Now. This is no longer in use. As of what the surveyor told me was since the 1980s on the actual thought plan from this whole subdivision. So it hasn't been in use since that time, but for whatever reason, the easement itself hasn't been vacated, if that's possible to do, we can do that. And we would agree to do that as far as I'm concerned
Speaker 7Very well. Alright. 11 and 12, the applicant will comply with correct. Yes. Right. 13 will be addressed by our planner. 14 you've already addressed will supply the two charging stations. 15 will be addressed by our architect item 16 through 21 applicant can comply with those items, correct?
Speaker 9Yes. I would like to just mention with respect to 21 part of the pavement on this site is designed consistent with the new stormwater regulations. And it's such a porous pavement. I don't think that the township engineer would have, if they don't have a standard porous pavement who would use the state standard for that. And I think that that should be adequate just to make note of that
Speaker 722, there's a question with regard to the large concrete patio area. We discussed that earlier today. I understand that that's for the applicant's employees, correct.
Speaker 9Right. The African does want to have, make that space available for people for breaks. The currently can sit outside at picnic tables and some locations. So we would put some picnic tables and we could mock make some modifications to put some screening up to just buffer that from the right away or,
Speaker 7Okay. And then item 23, the monument sign you'll work with the
Speaker 9Landscape with, to come up with a location that they're comfortable with. I mean, we are requesting the variance for that, which is 10 feet instead of 50, but this is, this keeps it assigned
Speaker 7Items 24 and 25 applicant will comply with those, the requests for the fence and the dumpster enclosure details. Respectively.
Speaker 9Yeah. I'm cause I'm comfortable with all the rest of them on this
Speaker 7Quite specifically, 26 through 34, these are various different planting tweaks and request for adjustment you'll work with Mr. Hinterstein to resolve. Okay. All right. So I believe that handles that last memo itself, not in Chairman, if there are any questions of Mr. Tiner at this point from, from the board, from the various professionals who issued the memos, we would invite those. Now
Speaker 9No two things that I might want to just mention where the two variances, just where they're located. I kind of skipped over that, that a little discombobulated when the exhibit wasn't coming up, but the 40 foot side yard setback line is here and there are two violations of that. But one that is the more excessive is a 25.1 foot setback here. So that's where that variance comes in. And then the other is the building coverage, which is permitted at 45% of the site. And in fact, our original design was 45% of the site with the dedication of seven feet. It becomes 45.5.
Speaker 7That's a really diminimous overage. Would that be your testimony? Yeah. Okay. All right. Thank you for that additional testimony again, if there are questions of Mr. Finer, you will also remain available through the entire hearing in case an engineering question comes up later, based upon your further review or, or the testimony of other professionals.
Speaker 9Yeah.
Speaker 1Madam chair. This is Gabrielle. I did have just a couple of questions and I'm going to start with the electric car stations. I do know Mr. Tiner, you said that these would be quote unquote, make ready. And with that, I mean, I kind of briefly looked over ordinance. I don't know if there's any detail and if Ms. Corcoran wanted to chime in, you know, when we, when, when we close out, after we do an approval, we make sure that all of the requirements of the approval are met. My question is, is if they're only make ready stations, how do we approve an application where the electric stations are actually put in place in only the apparatus to then like, quote unquote plug and play? I'm not sure if Dawn would answer that better. And I guess, but that question isn't really from Mr. Tiner, except to say that, you know, we may not want to land in that space. Maybe we will. And I'll ask my other question now, which is, and I apologize if you sent it, what was the w did you agree to adjusting the street sign? And I apologize, Mr. Morris, if you had already answered that, yes.
Speaker 7There was a question to move that monument sign and attractively landscape it and get Mr. Tiner had said he would work with Mr. Hinterstein to address that item to his satisfaction.
Speaker 1Okay. Very good. So really my question then lends itself to that, those, those two electric vehicle charging stations, where I know Mr. Morris knows this, that, you know, the township is very adamant about those as well as a right of ways and, and, and pieces of land, dedication for sidewalks. So I guess the question is, is how do we resolve this make ready versus what our ordinance states? And I'm not sure Ms. Corcoran, if that's more a question for you or if I'm just maybe, you know, Mr. Barlow, I'm not sure how we would handle that piece.
Speaker 10So Gabrielle, this is Dawn Corcoran. I think that's an excellent point that you bring up, you know, w w w what is the timeframe? And again, right. You're absolutely right. Can we issue a C over a property that doesn't even have the actual charging station in place? So I, I would defer to the, their engineer if he can give us some additional information on that timing and what exactly that entails.
Speaker 0Kevin, just, I thought you were agreeing to put in the two stations based on the conversations that the technical review and Mr. Tiner kind of said he was complying with the comment, but then started talking about make ready. So, yeah,
Speaker 7I think, I, I think it's
Speaker 0Interesting that your station,
Speaker 7It's a difference between, I think the state requires what they call run all the infrastructure. I understand that you require that the actual stations being installed. Is that correct? Correct. So certainly by installing the stations, we would comply with the state mandate. Yours is a little bit different from what the state requires. So what we're used to some mystic Tyner. Yeah. The applicant consistent with this Ms. Municipalities request, we'd be prepared to actually put the two charging stations in completely, so that there's compliance.
Speaker 9I can certainly propose them that way. Yes. I, I was only speaking really to the Mr. Hinterstein memo saying to be provided in accordance with the recently passed.
Speaker 7Right. And the recently passed law. So that's, what's created a little confused recently possible. It says they have to be make ready and what the testimony was, was consistent with Mr. Hinterstein request as to the current law. So I think that's how we got into that confusion. And certainly that, that was accurate, but yeah,
Speaker 4Actually council, and this is my first meeting here, so I have to apologize. And, you know, I just went on a TCO website today and the state, the new state regulation supersede the, it states specifically to new state regulation supersede the local ordinance.
Speaker 7Okay. And that's what Mr. Hinterstein requested. We comply with the new state regs, which is again, which is the make ready. Yes. We understand that.
Speaker 4But again, it gets into the percentage. You have to have 15% of the parking, and then I think half of that could be, make ready. So if, if, if you're willing to comply with that, then that, that's what, that's what the current ordinance is. And in essence, you know, the, you know, the, the township was cutting edge in having this a few years before everyone else, but then the new state regulations supersede, supersede all regulations that say, stay specifically on a DC at website.
Speaker 1If I may a Madam chair show Mr. Reiner, is that correct?
Speaker 4Yeah. You can call me Ron, Ron, the planet, but Reinertsen, you got to, you got,
Speaker 1Yes. So I'm just back up with that. What you're saving was about the 15%. What, what was that again?
Speaker 4Well, that's what I was going to get to. I was just going to open up here because the state regulations let's see the model Eby ordinance. I mean, I don't have to share the screen, but bear with me. Let me just get into it. Approvals and permits.
Speaker 7Yeah. I can tell you, the applicant is prepared to comply with whatever that new state ordinance requires.
Speaker 4Okay. So here, here's what it says. Prepare is make ready parking spaces, at least 15% of the required off street parking spaces and install E S V E and at least one third of the 15% of make ready. So in essence, you have 15% of the required off-street parking spaces. And one third of those has to install, install the equipment. Now that,
Speaker 9So it's probably just this simple to install to.
Speaker 1I mean, Mr. Tyner, I don't want to, you know, if the state supersedes that's fine, the state sounds like, you know, they're asking for ones to be ready plus make ready. So sums of it, some available, some ready to be available later. I mean, for two stations, it would just seem to me to be reasonable just to go ahead and do the whole thing. Now,
Speaker 3Kevin, if I can just chime in, I mean, the applicant is seeking a variance for the amount of parking spaces to begin with.
Speaker 7Right.
Speaker 3So
Speaker 7Paired to eliminate that charging station requirement, variants, which was another variance.
Speaker 4I, I, I guess, I guess what I'm trying to say, let me come back. As I was reading, it is 15% of what's required. And then a third of that has to be ready, which is a different, it's actually more stringent if you read it Correctly, correct me if I'm wrong, but you know, it's actually more is 15% of what's required. So
Speaker 1Yeah. So actually, which you're fall. And then, because if it would require more, make ready for this applicant versus the two. I mean, I'm not sure what the calculation where it's like one per 50 spaces, I guess we're asking for two, for 57 spaces, maybe that is somewhere there, Mr. Ron, to, you know, somewhere Ron's following a little bit more of the state, but again, not to beat a dead horse Mr. Morris. But if your applicant can put the stations in, in total, we'll just,
Speaker 7Yep. It sounds like a reasonable compromise. What you're suggesting is given the fact that we're requesting a parking various anyway, that you want the two stations in, is that correct? I just want to make sure I'm understanding and is that right? And Ms. Kale,
Speaker 1That would be my suggestion.
Speaker 7Okay. And it makes sense. And quite frankly, Mr. Tyner, I think that is in the spirit of compromise or requesting variances applicable. They won't be make ready. They'll actually be to install charging stations. Is that right? Sounds good to me. All right. So that's what we'll do. And that eliminates that one variance request as well.
Speaker 4Excellent. Okay.
Speaker 1Thank you. Thank you. Ma'am
Speaker 3The board of this witness. Now we'll open it to the public, please. Ms. Buckley. No one Madam chair, close to the public. All right. You may proceed with the next witness.
Speaker 7I would call Mr. Roberto Martinez, who is our architect?
Speaker 1Mr. Martinez, can you please raise right hand
Speaker 5Please, please? Mr. Martinez? Yes. Oh, okay. Do you swear that the testimony you're about to give with the truth and nothing but the truth,
Speaker 0Please
Speaker 5State and spell your name for the record?
Speaker 0Sure. My name is Roberta Martinez. Last name spelled this M a R E I N E Z.
Speaker 7Mr. Martinez. I understand you've been practicing architecture for the past 20 years of always with a license, correct?
Speaker 0Yes. I have a practice architecture for the past 20 years. We're around eight, 10 years or 12 years. Something like that.
Speaker 7Right. You got your license for the last 10 years in the state of New Jersey, correct?
Speaker 0Yes.
Speaker 7Correct. All right. Now you've not had the pleasure of hearing before this board previously. No, I haven't. So if you could give the board the benefit of your credentials and experience for their consideration.
Speaker 0Sure. I went to school of architecture abroad and Latin America. I came back here to engine 18, final, final ice on my credentials, and I was granted my degree and I've been practicing food. Like I said, licensed for the past 2012 years. I'm licensed in the state of Pennsylvania in New York, Connecticut, and New Jersey.
Speaker 7I now you've testified before all land use zoning and planning boards and the state of New Jersey on prior occasions. Is that correct? Okay. You've always been accepted as an expert in your field architecture, is that right? Yes. Right then I would ask that. I'm sure when that you accept Mr. Martinez is our expert, a licensed architect
Speaker 0As he can testify
Speaker 7As an expert. All right. Thank you right now, Mr. Martinez, you prepared the architectural renderings that were submitted for this proposed development, correct? Yes, that's correct. All right. I know you have some exhibits. Can you describe the building addition along with the facade treatments in colors for the edification of the board place?
Speaker 0Sure. The building, in addition, it's roughly 42,000 square feet, plus another 7,000. It's basically a warehouse and manufacturing that has been added to the rear portion of the existing building. This due to the, I guess you guys went through that already. Th the lack of a warehouse in space, if any factor that our client had recast or tilt, stop building one. What I'm saying with that is going to be what you see now, the,
Speaker 7Did you have a share screen rendering you wanted to put up while you testified?
Speaker 0Share my screen? Yes. And share. Okay. Can you see the, the screen?
Speaker 7Yes. We'll call that a three. What is that?
Speaker 0This is S K M a N. This is the proposed first role plan. This depicts the existing building, white, a portion of it, not the whole portion of the existing building and the bits in gray, the areas where we want to act, I guess this is the, the current where the existing building ends. And we're planning to make an addition on this area to provide four loading docks, a small office area, and the rest, like I said before, it's going to be allocated to some production. And then most of it, the warehouse
Speaker 7Right now you have an elevation rendering with some colors you'd like to share for the board. Is that right?
Speaker 0Yes. I have the renderings. This is the, the proposal. If you look at the floor plan, the floor plan again, you see here that the loading docks, that's what I'm, that's the angle that I'm taking.
Speaker 7So we'll call this a four then.
Speaker 0Yes, sir.
Speaker 7Okay.
Speaker 0In re in response to the, to the memo that we got from, from the township, we're actually mimicking the existing building. I don't know if any members of the board have been through the area, but the building is currently a two-tone building. It has two grades, you know, natural grace, one minor, one darker, and is expressed with Stripe around a third of the building, which is this, where I have the, the cursor right now. This is where the existing ads is exactly the same color paint, the color access that they have. And then we're continuing that to make the, the building mix better, the existing, because so therefore you, you, you will see that, you'll see that difference between the two.
Speaker 7Right. I also have another color rendering of the existing building, I think, from the street,
Speaker 0Actually, I have another angle. Let me go back to the first, first. So the other it's from this angle. So let me show you the, the rainbow. So that's when they
Speaker 7Will make that a five. And that's what elevation.
Speaker 0That is the right elevation.
Speaker 7Yeah. Just so it's clear a week, we had two comments relating to architectural. One was in the CME memo requesting that the color scheme materials of facade, the proposed building be discussed and that the building B or those color schemes we'd done in a way so that there is a continuity between the addition and the existing building, based upon what you described, you will maintain that color and appearance. So there there's building or visual continuity, is that correct?
Speaker 0Absolutely. That's the whole intention of this. We're constantly knowing the existing building.
Speaker 7Okay. That includes, there was another comment in the Piscataway is internal memo or house memos at work that an accent ban be added for aesthetical purposes. And of course, we're prepared to continue that on the building addition as well. Correct?
Speaker 0Yes. You can see all four sides of the building.
Speaker 7Sorry. Well, so to sum it up, I mean, the building addition, facade treatments will be neutral and designed, so that there's continuity. And so that the addition looks like the existing doping so that it flows. Is that correct? Correct. All right. So I'd have no further questions of Mr. Martinez there. Any questions of an architectural nature from the board or its professionals, we would invite them now who also remain until the conclusion of the hearing in case something comes up,
Speaker 0I'm satisfied. The there's continuity here, the way you look into visual, it comes around the building. Thank you. Okay. Great. Want to just unshare your screen, Mr. Martinez? Yes. Thank you.
Speaker 7Right. Again, no further questions, unless there are those of the board for the public. I would call my next witness.
Speaker 0I don't share you're on mute.
Speaker 3That's right. Okay. Does the board have any questions, any other questions of this witness Hearing no response from the board. Did we, did we open it up to the public from this witness yet? No, ma'am no. Okay. Well let Ms. Buckley, would you open it up to the public police to see if they have any questions of this witness?
Speaker 5No one raised their
Speaker 3Hand. Madam chair. Thank you. Okay. You may proceed with another witness. If you have one,
Speaker 7Mr. Martinez, you can stand down, but to stay on board next, I would call John Ray, who is our traffic engineer.
Speaker 5Mr. Ray, can you please raise your right hand? I'm not seeing him yet. Okay. Do you swear that the testimony you will give will be the truth and nothing but the truth? I do. Thank you.
Speaker 7Right? I'm not I'm chairman. Mr. Ray has had the pleasure of testifying before this board on many numerous prior occasions, his credentials as a licensed professional engineer in the state with specific expertise as to traffic engineering are well-known, he's been accepted as an expert with regard to traffic engineering by the board in the past. And as they accept them again, as our traffic expert, without having to go through his curriculum. Vetay
Speaker 3Mr. Barlow, do you agree to Ray? It's been before so many occasions. Thank you. Thank you.
Speaker 7This proposed development from a traffic engineering standpoint, correct? I did. And I issued a report dated September 20 30th, 2020. Yes. Yes. That was included with the application package. And in fact, your report was reviewed by the, the boards, traffic expert Dolan, indeed, who also issued a, their own memo dated November 22nd, 21, which for all intents and purposes finds consistency with your findings, correct? That is correct. All right. So just for the boards edification, I specifically asking you to address the new loading scheme, the parking scheme number of parking spaces, circulation from a traffic engineering standpoint. Right? Well, one of the things I did when I prepared my report is I did go out to the site and I made a field visit to see what was happening out on the site and has as has been testified to, by other witnesses. The current loading situation is pretty tight and the trucks have to make multiple maneuvers to get into the current loading spaces.
Speaker 7That issue has been addressed by the, the deuce game, which has the, the four new loading spaces indexed into the building exp expansion to the rear of the existing building that will provide for a lot more of a comfortable, you know, ability for the truck drivers to turn into and out of the loading spaces. And it will not block Isles or side circulation in the existing situation. I did note when I was at there, there were pretty close to 40 cars parked on the site. We don't have enough parking spaces for them. They were parked on grass areas to the rear of the building. We are resolving that situation by actually constructing and, and paving and lining 42 parking spaces with another 15 spaces that are banked in the front of the building. So on balance, looking at the plans as they have been prepared, I believe if they are approved, they will result in safer and more efficient onsite Northside traffic flow.
Speaker 7And it will overall be a very positive addition to the site by just cleaning up the circulation, providing for better, better loading area for the trucks and in particular, in a, in a space where they won't interfere with onsite circulation and other employees, visitors moving into an of parking space. So from a traffic standpoint, it's all positive. And from the inadequate adequacy standpoint of the proposed parking scheme, 57 spaces, 42 built 15 banks, although we don't believe we need them in order to protect the site and allow the municipality to require those, to pave them out. If in fact there was a shortage, is that from work from a traffic engineering standpoint for you? Yeah. That's a reasonable way to approach the issue. If we do need the bank parking spaces, the township will, I'm sure in the resolution give themselves the ability to have those spaces be constructed.
Speaker 7They're kind of in the front of the building, I guess we would all rather see that area be aggressed green area rather than a paid area, but if we need them, we can build them. And I'm sure Mr. Tiner has included them in his drainage calculation so they can be built at the discretion of the township. Okay. That's your opinion, based upon the testimony, you heard your own expertise, as well as your traffic impact study and the review of the Dolan and Dean a response as well, correct? Yes. It's all positive from a traffic and parking standpoint. Thank you. All right. I have no further questions of Mr. Ray at this time. If there are questions from the board, you will also remain available
Speaker 3Mr. to the board members. Do we, does anyone have any questions of this witness?
Speaker 6Madam chair, ribbon, Kenny and Mr. Ray, in regards to your parking area for trucks, how many trucks are there in and out of that facility a day? I know the area I know where you're holding areas for those trucks or are they scheduled times?
Speaker 7I asked that question of Mr. Benz. I did make a site visit to the existing facility. And I did notice there was one truck in the loading area and there was another truck waiting to get in, but he couldn't get in until the first truck pulled out. And that's what we're attempting to resolve is this issue probably Mr. Benz would be better at answering this question, but it's my understanding and, and Allen, you can correct me if I misunderstood you. When we spoke, there might be seven or eight truck deliveries per day over the three shifts.
Speaker 8Yes, that's correct.
Speaker 7Okay. I'm sorry.
Speaker 6Are they scheduled scheduled times for, for the base?
Speaker 8Yeah. All deliveries are scheduled by appointment.
Speaker 6Okay. Because that makes the difference. A lot of times you don't have a holding area for tractor trailers, 48, 53 footers. And you have an overflow in the areas where it's conducive, you're quite congested as this and not looking there regards to that, come in and get into a loading bay and, and within a couple of hours, whatever that takes to load the truck and get out of the area without being congested. That's the safety factor as far as I'm.
Speaker 7Yes, you are correct. That is the current situation. And that's what this plan attempts to resolve you are. Correct. All right. And just so just to confirm, Mr. Ben, so Mr. Benz, obviously you have a new loading configuration with more loading bays and better circulation, correct.
Speaker 8In the proposal, both. Yes.
Speaker 7And just to confirm your testimony, these deliveries, you schedule them throughout the course of the day they're scheduled appointments that, is that done to eliminate any truck traffic or waiting times, is that correct?
Speaker 8That's for sure. Correct. And also from a labor point, the only handle up, we only have enough staff to handle one or two trucks at a time. So we make sure that we scattered them out in
Speaker 7A schedule where we can handle them very well.
Speaker 4Okay. Counsel, this is Ron Reinertsen here. I just building on what Reverend Katie said. I visited the site yesterday and I got stuck because a truck was backing in and out. I was behind the postal service truck and, but mid day. So it's a great question, Mr. Ray, and are these four loading zones being abandoned that you currently have and just relocated? Cause I saw on the plans is, is four X's. Are they just going to be closed up?
Speaker 7I would probably leave that for Mr. Benz or Mr. Martinez. It, it appears as though they are no, no, that's actually not correct. They will. Cause we did discuss this yesterday. I'll just have Mr. Benz confirm. Those will also remain open. They'll probably get less used, but we don't intend on closing those down. Is that correct? Mr Ben's correct? Yes, that's correct.
Speaker 4But are they to be secondary? I mean, I think that's important because it is circulation on the site because it is going to get cider because in the building,
Speaker 8Yeah, the four new ones are going to be the primarily primary ones used most of the time, especially for the 53 footers and need us then doll existing ones probably for the smaller
Speaker 7Trucks that would make sense to me.
Speaker 4And Mr. Ray's an expert, not, I, you know, I'm not a traffic engineer, I'm a planner, but I'm just thinking off the top of my head, smaller trucks going into the existing as these big ones.
Speaker 7Yeah. And that's the intent. It's a good question.
Speaker 4And, and one other item, Mr. Ray, I mean, w we're asking for a parking variance just in general for the record, you know, sometimes parking regulations don't reflect the uses. I mean, so really just, I just want to get it on the record about the reduction to parking into the variants. This is more, is that more akin to what the current use is in, in a type of uses? And in other words, there's a concern about being over parked our regulations have a lot more, there's a balance to have pervious coverage and things. And, and that's what part of the testimony prior was having banked a bank parking is good. So I just, you know, just if you clarify that,
Speaker 7Yeah, and, and I, I've done numerous parking studies that have required variances here in Piscataway and in the general area in Edison, based on the breakdown of the manufacturing warehouse and office area, we, we technically need, if I'm reading this correctly 95 parking spaces, but clearly based on the operation, we don't need that many, and there's no need to pave that many. I think the real question becomes the 15 bank parking spaces. Are we going to need them or not? And my, my expectation is we probably won't need them. I've spoken to Mr. Benz about the operation. And as he testified to earlier in the evening, he does have an appointment service that buses, you know, quite a few of the employees to the site and I would expect that's going to continue. He can confirm that. And if it became any kind of an issue, he could probably, you know, raise those numbers a little bit in order to lessen the demand on the parking spaces. But I'm very confident. The 57 will be adequate and I'm extremely confident. They probably won't all be needed in terms of, you know, just leaving that space green and not paving it. And, and it is in the front of the building too. So it would be, it would be nice to have that area green, as people traveled along the, you know, the front of John Ethel road west to see a green area instead of the bank instead of parking spaces, but we will construct them if they're necessary.
Speaker 4Thank you for that clarification.
Speaker 3Do you have any more witnesses?
Speaker 7Last witness is my professional plan.
Speaker 3I think I have to open it to the public on, on Mr. Ms. Buckley, is anyone want, have any questions for Mr. Reyes?
Speaker 5No Madam chair.
Speaker 3Okay. Thank you. Okay. Now you can go.
Speaker 7It's stand down Mr. Ray, with my final witnesses, John McDonough, who was our professional planner.
Speaker 11Hi there everyone.
Speaker 3Well,
Speaker 7Right, because he's born please. Yes.
Speaker 5Can you please raise your right hand? Do you swear that the testimony you give will be the truth and nothing but the truth? Can you please state and spell your name for the record?
Speaker 11Sure. Hi there everyone. My name's John McDonald. It's spelled M C capital D O N O U G H.
Speaker 5Thank you.
Speaker 7All right, Mr. McDonald's, Mr. McDonough, you're a licensed professional planner in the state of New Jersey. Is that right? That's right. And you've had a license since when,
Speaker 11As long time ago, 30 years,
Speaker 730 Madam chair. I think we're all familiar with Mr. McDonald and his credentials are impeccable as a planner. So right then I would ask that you accept them as our expert professional planner, without him going through his curriculum. Thank
Speaker 3You so much.
Speaker 7All right. Let's say you've been accepted, you've reviewed this proposed development and analyze it from a planning perspective, correct? Right. I would ask that you detail your analysis for the board, any conclusions and opinions that you have reached and your basis for them.
Speaker 11The thing, I think this is a pretty straightforward application from a planning standpoint. It's, it's one of those applications where the list of zone conformance is much longer than the list of zone relief that the applicant is seeking here. And I, I think as I'm, before you now, based on all of the testimony on the record, there's a good predicate for the planning conclusion that the relief can be granted in accordance with the statutory criteria. And we'll walk the board through what that relief is and why we think the evidence supports the basis for the relief. Also in support of the conclusions, I'd like to enter some exhibits. I'm not sure if these have already been handed up to the board or not, but
Speaker 7Sheriff screening for the first time, just identify them so they can be marked. I think we're up to 86
Speaker 11For Kevin. So a six is going to be a series of 11 slides. You'll see, it's a series of maps and photographs just to paint a picture of the site condition and the surrender surrounding land use context. We know that any variants application context is key and we look at impact on the surrounding land uses and neighborhood. And I think this will help the board with orientation and certainly with respect to. So the first thing we see here is a simple tax parcel map. We're talking about a single lot block 9 2 0 1 plot, number 46 with its frontage on Ethel road west. You've heard about the size of this particular piece of property. It is substantially sized that 4.4 acres, and then flipping over. We now see on sheet number two of a six and Ariel ashes presentation that we've got an existing building on the property, which is presently occupied by our operator snack innovations and the maker of these gourmet snack foods that you've heard about.
Speaker 11We have an open portion in the back of the property, somewhat underutilized, particularly in comparison to the industrial use immediately adjacent, which basically runs front to back. We've got some open, usable space in the back, which is exactly what the applicant is looking to take advantage of here. And importantly, consolidate operations. It's going to improve operational efficiencies. And the fact that we now have dispersed operations, including operations that are out of town, this is going to pull those jobs and pull those operations here into the town, which we think is a good thing from a planning standpoint, not only for its efficiencies, but also for the economic development aspect of it.
Speaker 0Can I just jump in and Kevin, just so we don't get confused was that one, we just saw a seven and this is a eight, or
Speaker 7I think that's the better way to do it. Mr. Barlow, I think Mr. McDonnell was going to do them collectively, but I think that will be confusing also that last, last one will be a seven. We're going to Mr. McDonald. I know you have a collective we're going to EV every, every one of these will have its own number. So there's no confusion on the record
Speaker 11And I'll take them a little more slowly. The first one, a six, it's going to be a tax parcel map. A seven is the aerial map a which we're on now, we're calling it land use map, which is based on what planners recognize as the mod for land use classification system. And what you see here is a color-coding of surrounding land uses key point here surrounding land uses that are shown either as red, which is non-residential or gray, which is industrial or non-residential, we're substantially surrounded by non-residential uses. But for in the back where we do have residential development, you'll see, and you've seen through Josh's exhibits that we do have a buffer in the back, which is 100% compliant with your ordinance requirements from a width standpoint and from a composition standpoint. So absolutely no relief being sought for a, what I'll call the edge, which has always a critical and sensitive area between non-residential and residential.
Speaker 11So while the building is expanding, it is preserving the edge between those two land uses non-residential and residential. Next we're going to be on a nine, which we're calling a zoning map, and this simply shows a reflection of the established land use pattern subject site in the middle. Everything around us in gray is the zone district, where the proposed use has been both recognized as a, as a valid permitted use and a lawfully existing use, and also continuing as a permitted use as well. So importantly here, we're dealing with an enhancement to a permitted use in the zone that has been here already. So not a change of views, you know, immediately adjacent to your GB general business district. And then of course, again, backing up to that residential district, which does have a buffer requirement adjacent to it, and which the applicant is complying with.
Speaker 11I'll go through the list of zone conformance, but you're going to see that there is substantial compliance here, not only with your use requirements, but also your bulk requirements as well, that control the intensity of use on a piece of property. And you'll see the relief that the applicant is seeking here is really relatively modest. And so now the next couple of frames going to take you up in the air, we're going to spin you around the property to give a little sense of the physical condition and characteristic what's on the screen now is a 10, and this is going to be an aerial drone view of the subject site, looking to the east. This was taken just a couple of days ago. So these are fresh photos of what you would see on the property. Maybe not what Ron saw when he was out there yesterday, but suddenly what was out there two days ago.
Speaker 11And again, you get a sense of what's happening on the site. Now, those four loading bays, and importantly, the applicant is going to put this addition off the back with the notch for four brand new loading bays that are certainly going to take the load off of this center point right now. So we're not foreclosing the right to use those bays. Certainly the relief valve is there by directing the traffic to a much more, I'll say, accommodating area in the, in the back of the site. So this is what you have there. Now it's a building. The core is going to stay intact. The applicant is looking to put an addition off the back and then a small addition of the side as well, which again is going to be spot on with what is allowed from a zoning standpoint. And we'll get to that shortly and also with respect to the bulk requirements and certainly improved parking and circulation.
Speaker 11As you just heard through Mr. Ray, just kind of moved the drone a little bit to the right we're moving in. What would be a counter clockwise fashion here again, you see the building in the middle, you get a sense of the mass in the foreground of the building adjacent. So while we're coming back, we're not doing anything that is atypical of the neighborhood. You get a glimpse of the residential uses in the back. And as I said, this edge here, this landscape buffer is going to remain intact to protect those, those neighbors I lost count is this eight, 12 or 8 11, 8, 12, 8, 12. Okay. So eight 12. We're now at the looking west, this is the opposite view of what we just showed you with Ethel road on the right there, looking back at the building. This is the portion of the building. That's going to come a little closer to the property line.
Speaker 11And because of some pinch points that you saw in Joshua's exhibits, not the full extent of the yard, but just little encroachments. The applicant is looking for relief there. It's going to be mitigated by landscaping, but it is essentially non-residential against non-residential. This is not an encroachment that's going up against the residential use, which would be to the, to the left from this particular vantage point a 13, we've now spun around and we're looking at a view to the north. So we've got F a road in the, in the foreground here. Basically what you see in the front is what should we get? The improvements are for the most part, concentrated on the side with parking modifications and in the rear. And then on this side, on the left here as well, where again, we do have that relatively modest setback relief, a 14, I skipped one, a 14, a 14. I just took the drone, pull it a little bit further back now to give you some context is looking to the east, Ken, our subject building, or adjacent building to the, in the foreground there, getting more of a sense of the surrounding landscape.
Speaker 7I just, I wanted to point out one thing before you continue to testimony the roof. Those are, those are solar panels, correct?
Speaker 11Oh, is there solar panels up there? Those are solar panels to remain. So we know that Piscataway places, high emphasis on green initiative, this is already I'll say, cooked into the building that's out there. And I think there were great comments about Evie installation as well, which the applicant has accommodated. So this also goes towards the goals of green initiative. So
Speaker 7Point that out for exactly that reason. Please continue.
Speaker 11And look, I'm not pointing to any, any other buildings that the building adjacent does, not this building does. So I think that's an added benefit of this particular building here. Again, looking from the top, I'm now a 15 second to last slide, just looking down what Kevin just referenced with the solar panels and was covering the entirety of the rooftop. You get a sense of the parking and the, and how this is really going to, I'll say, open up the back of the site for improve the operational efficiencies and, and circulation. And then finally we'll close with a 16, which is a reverse view again, from the back looking forward, essentially what the residents will see preserving that edge, maintaining a similar edge to what we see on the adjacent property and keeping the concentration of development compact and close to where the existing building is with that.
Speaker 11I guess I'll just hover on this view and, and walk the board through the basics of the relief that the applicant is asking the board to move on, reminding the board we're here in the light industrial zone. And the stated purpose of the district is to reflect existing industries. This is an existing industry and promote non-hazardous operations. And this is a non hazardous operation along with use. The project is substantially compliant with the bulk regulations in terms of the lot size, the building height and the setbacks on the front and the rear, the side you're looking at as well, I'll say to the right from the road is also performance. And then importantly, of course, that buffer in the back adjacent to the residence is fully conforming as to with and composition. The relief sought here relatively limited. We've got two bolt variances. You've heard about the side yard setback at its closest point 25.1 feet versus the 40 feet, which again is not the entirety of the building, but just those triangular pinch points that Josh showed you certainly going to be mitigated by landscaping.
Speaker 11And the fact that we're sent to eight non residential land use. And then finally the lot coverage is really just an uptick over what's allowed 45.5% versus 45%, which I think would fall within the realm of a diminimous deviation that facilitates the, the benefits of the project as a whole, and certainly can be mitigated by the drainage improvements that Josh is proposing here. All of that relates to the project benefits and is justified under what we call the C2 balancing test. And we look at the, the benefits of the application, whether they substantially outweighed any detriments associated with that relief and have a number of project positives here. First, the project is going to enhance and establish business. It's a permitted use. It's a business that already has a commitment to the community. As I said, the improvements are going to consolidate the operations from other locations, including other towns and bring them here.
Speaker 11The improvements will result in improved operational efficiencies and improve the overall site flow and function. The project will make use of underutilized space and promote the planning goal for efficient land use. The project will promote economic development, stable rate-able base viability of our business uses and job generation and all of this ties back to the statute and those fundamental purposes of zoning, especially purpose, a purpose G purpose H purpose I and purpose M lastly, justifications for the parking relief. I really fall back on the predicate of Mr. Ray, that the parking supply will meet the actual demand. The applicant is asking the board to move on 57 spaces proposed 217 would be required here, but we think that's really excessive and unnecessary if literally enforced or strictly enforced. You've also got good operational testimony and real-world proof that the capacity is there to accommodate the demand with only 57 spaces and actually the lesser demand with those 15.
Speaker 11So justifiable under the flexible seek test. And then finally on the flexible see balancing, we're going to come back to that sign, which is not needing relief relative to its size. The size will comply. It is a location at a 10 foot offset, whereas 50 feet would be required. We think the basis is there in that this is not going to impede any safe lines of sight or create any obstruction. It will actually benefit clearance, safe site identification. And just for comparison, you get a glimpse of the site next door, which also has a similar setback to the road. Bear in mind, it's not a setback to the road. It's a setback to the right of way, which is also offset about 10 feet or so from where that neighboring sign is proposed. So if you think there's good continuity with the established pattern out there, and with that said, that's really all the relief that the applicant is asking the board to move on based on all the testimony. I think this is going to have a very positive investment or be a very positive investment in a permitted industrial use. We know that monitorization has been found to advance the positive criteria by, by some poor cases out there, minimal relief, therefore minimal impacts. And with that, I'll finally get this thing off the screen and say that statutory criteria met and approval is one.
Speaker 7All right. So just to, it's your position that there any deviations would be substantially outweighed by benefits to this application? Is that correct?
Speaker 11Correct. Under the balancing, yes.
Speaker 7That the relief could be great though at substantial detriment to the public good. Or the townships, a zone planning zoning ordinance. Is that accurate
Speaker 11Based on all the testimony on the record? Very
Speaker 7Well. All right. So that's all that I have for Mr. McDonough. If there are questions from the board.
Speaker 3Okay. Board members, are there any questions that you have for Mr. Madonna or any of the other individuals who have testified, who are still available to, to be questioned Hearing no questions from the board Ms. Buckley, would you please check the public to see if they have any questions? I, yes, there's an Eric Y that has his hand raised. Okay.
Speaker 8Is
Speaker 3Mr. Weiss, could you give us your name and address please?
Speaker 8It's it's. My name is Eric Yang. I work across the street 50 ethyl road west. And my question to John or Alan is with the new, with the new improvements. How much, how would this would? How much, sorry about this. How would this alleviate the parking on the street?
Speaker 8Hi, Eric. Nice to meet you. Nice to meet you to the neighbor. So I, I want to tell you that this is gonna relief with the truck drivers, you know, waiting to load and unload, parked on the side of the street, a hundred percent. We have these four new loading docks that the new building is gonna, is gonna accommodate and any, and they're much bigger and longer loading dogs than what we have now. So we're actually doubling our, our capacity for taking those trucks in and we increased the, the footprint so they can actually maneuver in and out much faster and make an all in utilize all four loading docks, as opposed to the existing space that we have now. So this should eliminate that problem. And I apologize for it in the past. And we always, we always tell telling the truck driver is not the block and not to wait into drive around and they come back. If they're not on schedule with their appointments and we're going to continue to do that, and this will definitely resolve that issue. Okay. So, so in the near future out, we won't see any trucks parking at the, on the streets or direct, correct.
Speaker 7Just so the record's clear and I appreciate exactly what you're saying, Mr. Gang, as you heard Mr. Benz, they, they are sensitive to all their neighbors. They attempt to schedule the trucks are staggered. So I understand sometimes they loiter and wait outside. Mr. Benz has already testified. He will continue to, to stagger the, the deliveries as he testified to. Even before you made your comment, the site will have better circulation, certain things we can't control if they want to show up early, but what we will continue and he will continue to speak to them. If, if they're showing up early, when they're not supposed to be scheduled, I just wanted the record to be clear. So I don't know in the short-term, but once it gets constructed out, I think there'll be a better ability to, to, to alleviate some of the concerns that you have. Okay. All right.
Speaker 8Thank you. Congrats, Alan. Thank you. Thank you. Talk to you soon. Yeah. Come over.
Speaker 3Any other questions from the, from the public?
Speaker 1No, Madam chair.
Speaker 3Okay. Mr. Morris, do you have anything you would like to say before? I put the question to the, to the board,
Speaker 7I'm not going to belabor. You've heard extensive testimony from a distinguished panel of experts. From my standpoint, it doesn't get better on presenting a manufacturing client that makes potato chips and has a roof full of solar panels because they're green initiative folks. So what we're, it's a family owned business. They've been in town for about five years. As you can see by the cock where you just had, I think they're good neighbors in the business community. And the family is prepared to make a substantial investment by the size of the magnitude of this expanded operation in the Piscataway business community. And we respectfully request that you grant our application
Speaker 3Members of the board. You heard the entirety of this application. Do you have any comments or would somebody like to make a motion?
Speaker 1And I'm sure Councilwoman Cahill, just one last comment. And Mr. Morris, I would just like to say, I'm not retract you what I'm saying, but with regard to the electric charging stations, that the applicant would be compliant with this state regs as is, and that the two ready, the two electric charging stations built and read, not make ready, but completely built do fulfill those state, the state regs. If that's going to supersede the township. I just wanted to clarify that because I'd thinking about what Mr. Reinert Senate said,
Speaker 7Look, there's some confusion there. I can tell you, they're going to build two charging stations. They won't be make ready. They will be built out. And that eliminates the variance according to your ordinance.
Speaker 3Okay. In light of that representation, would somebody like to make a motion?
Speaker 10Madam chair, this is Dawn Corcoran. I'd like to make a motion that we approve the application subject to the DNR report, the CME report, and the staff report also subject to the construction of the electric vehicle charging stations. And also with the condition that any event, the land bank parking spaces need to be constructed. The applicant will be required to do so at the townships. Once we notify them.
Speaker 3Do I have a second roll call, please?
Speaker 1Mayor Wahler yes. Councilwoman Cahill. Yes. Ms. Corcoran. Yes. Ms. Saunders, Reverend Kenny, Mr. Espinosa and Madam chair. Yes.
Speaker 3Thank you. Thank you. Later. Our team will be logging on for everyone. Have a pleasant evening. Thanks again, Kevin. If he gets paid partially and chips chips, right? Item number 10 21, PB 38 slash 39. Infinity biologics, Mr. Michael Butler.
Speaker 12Yes. Thank you. Chairman members of the board. My name is Michael Butler and I represent I'm from the law from backward Siemens and I are present infinity biologics. Their application tonight is for preliminary and final site plan approval with both variants. And just, just for the record we sent, oh, we did send over a FedEx Dover or notice package. Just wanna make sure that that that was received so that the board can take jurisdiction on the application.
Speaker 1It was received.
Speaker 12Perfect. Thank you. Once again, my name is Michael. Pauler happy new year to all of you who I haven't met before I represent infinity biologics. They have an application tonight for preliminary and final site plan approval with the bulk variance. This is regarding property at 30 Knightsbridge road. It's designated on the township tax maps as a block 6 2 0 1 lot 4.02. The property is in the L I five zone and the BPI zone, but all of the work that's being proposed is actually in the LLI five zone. And just in a nutshell, what my client is for approval to place a liquid nitrogen tank in the back of one of the buildings, my client is a tenant.
Speaker 12And because of that and use that tank for its operations, which have to do a part of a big part of its operations has to do with COVID testing and COVID sample analysis and storage. They are that the placement of that, that that tank does trigger a height variance because of its an accessory structure. And it's over the accessory structure limitation that's placed in your ordinance, but it is underneath the level height level of the building. I have two witnesses for you tonight. One witness is Mary Strella. She is the chief legal counsel for my client IBX and she'll be talking about introducing to the board who IBX is in Sydney, biologics. I was calling IvX just, just for shorthand. It's easier to say. And I also have a William Dorin or bill Dora and he is the architect for the project. And he's going to talk more specifically about the, the proposal, if no one has any questions of me, I'll bring my first witness up and we'll start our testimony.
Speaker 3Yeah, whenever question.
Speaker 12But I think it may be just background talk.
Speaker 3Could you mute? Okay. You have a witness that you want to call them. Yeah.
Speaker 12Mr. Ella, Mary soil.
Speaker 13Hello.
Speaker 5Hi. Can you please raise your right hand? Do you swear that the testimony you're about to give you the truth and nothing but the truth?
Speaker 13I do. Can you
Speaker 5Please state and spell your name for the record?
Speaker 13Mary Strella M a R Y S T O R E L L a.
Speaker 5Thank you very much.
Speaker 12Sorry, Madam chair. I'm sorry, I didn't catch your question. You may proceed. Oh, thanks. Good evening. Mary, could you just please introduce yourself to the board and your position at IBX?
Speaker 13Sure. I'm Mary . I'm the chief legal and compliance officer for infinity biologics.
Speaker 12Okay. And how long have you been working for IBX?
Speaker 13About a year and a half. Okay.
Speaker 12Could you just introduce the board to IBX? What, what, what, what is the company and you know, what are they doing on this property?
Speaker 13Sure. So IBX is a next generation central lab. We support academia government industry. We provide global sample collection, processing storage and analytical services integrated with scientific and technical support in both research and clinical IDX is very happy to say that we received the first FDA emergency youth use authorization, enabling the use of saliva tests to detect the presence of COVID. We are in fact, the lab that processes all the free at home COVID tests, the PCR tests for New Jersey, New Jersey department of health free testing program. That was just announced maybe a month ago. In addition, IBX has an agreement with the CDC and under that agreement, we actually sequenced the virus to assist the CDC in public surveillance activities. IvX used to operate as our U CDR and infinite biologics before it's spun off from Rutgers university in August of 2020.
Speaker 12So, so I, I be actually used to work in it and share space in Rutgers university and presently IBX you're, you're moving out of that Rutgers space slowly and kind of condensing your operations into 30 Knightsbridge and some of the surrounding properties.
Speaker 13That's correct. So since we spun off from Rutgers, we've gradually moved operations, including our COVID testing business from Rutgers to our 30 Knightsbridge location. And then this year, either third or fourth quarter, we'll move the rest of our operations out of Rutgers and into 30 Knightsbridge. Great,
Speaker 12Perfect. And IBX there, they, they are tenants at this property. They are not the owners of the property, correct?
Speaker 13That's right. We leased two floors of buildings, three at 30 nights, certain Knightsbridge and building for, from Keystone party group, it's approximately 197 or so square feet in total 99,000 of which is in building four and 97,000 of which is in building three.
Speaker 12Okay. And, and the, the owner of the property has consented to this application. They did, they did sign, sign the application. That's correct.
Speaker 13That's correct.
Speaker 12And the space that, that, that IBX is using in the property, what, what do they, what do you do in this, in the property that you're renting?
Speaker 13So in the space that we rent, we do three main activities. We conduct our COVID testing business. And then as I said before, we'll be moving the rest of all, all of our operations from the Rutgers, from Rutgers university over to the 39th spread location. Later this year, we store biospecimens, including our COVID biospecimens. And then we also have some corporate offices.
Speaker 12Perfect. And you have, I know you're, you're slowly moving over to, to the, to this, to this location. There's enough parking for employees right now and into the future at this location, correct? Yes. Okay. Can you just talk to the board? What, what IBX is asking for right now in regard to the tank?
Speaker 13So what IBX is asking for is to install an approximately 11,000 gallon liquid nitrogen tank. It would be adjacent to building for the building for entrance on the grass at the rear of the property. So the only IBX employees that would ever see the tank are the employees that need to enter a building for, in connection with storage of biospecimens, and the tanks are sort of maintenance of our freezer, tanks and freezers that would be located in building four. The, the liquid nitrogen that's stored in that 11,000 gallon tank would be used to feed our biospecimen storage tanks. And we will have approximately a hundred of those tanks in that location. And we need to liquid nitrogen because we need to maintain ultra low temperatures and those freezer tanks. So we keep the tanks at a negative, 196 degrees Celsius. And the only way to do that is with the liquid nitrogen and the store. You know, we need to be able to store these biospecimens in this way. It's, it's part of our core business. It's vital to us and it's vital to our COVID testing and Varian sequencing work.
Speaker 12Okay, perfect. Okay. So just to boil that down, you know, what what's used in building four is for, for lack of a better description, a lot of freezers that are holding these specimens and they need to be held at a certain temperature and that liquid nitrogen is used to keep the temperature in those freezers at, at the correct level. That's correct.
Speaker 13Okay.
Speaker 12How often? So this is 11,000 gallon tank. How often is the tank out to be refilled?
Speaker 13So there's not a regular schedule for refilling the tank it's done based on demand, based on our experience. Our best estimate is that we will need to fill it approximately twice a month, but we coordinate with our vendor air gas so that the tank is filled at night in order to minimize disruption. Perfect.
Speaker 12Madam chair, I don't have any further questions of Mr. Ella. I don't know if anyone from the board or from the public has any questions, but I, I welcome those questions.
Speaker 0I just want to make sure I didn't get my notes backwards. And maybe Mr. Ella can just correct. The building three is 90,000 square feet and building four is 97,000 or did I get that mixed up?
Speaker 13So building four is 97,000 and building three is 99,000.
Speaker 0Yeah.
Speaker 13You're welcome
Speaker 0Questions from the board.
Speaker 14And this is then a single question. What are the failed states for this type of tank to be in the building? What happens if something were to leak or anything like that? What's the process of rectifying? It
Speaker 12That's a, that's a, that's a good question. There are, I'm sure that there, there are safety provisions in, in, in place. And if they're worse, if there was to be leak, the nitrogen, which is in the gas form would, would evaporated into the air and there would be no, no leakage, you know, cause it doesn't at, at T at the temperature that at air temperature, it's gas, it's gonna, if there was to be a leak, it would go away into the air.
Speaker 13We have IBX has a number, as you can imagine, a number of policies and procedures internally for how to maintain and take care of our preserves and tanks that we keep internally, including this additional tank. And it has provisions for emergency, for, you know, emergency provisions in the event that something were to happen. I don't have them at the tip of my tongue. I wish I, I did. I could tell you them, but those policies and procedures are in place.
Speaker 0And Mr. Ella, would I be correct in assuming that this is a state licensed facility and the tank will have to be inspected by the state as are the freezers, and I'm sure the laboratories just for certification and things of that nature.
Speaker 13That's exactly correct. We are a state certified laboratory. We're a CLIA accredited laboratory, a cap accredited laboratory, and you know, everything is subject to appropriate inspection based on those accreditation.
Speaker 6Is that tank going to be mounted on a, a cement where a PAG and anchor down.
Speaker 12Yeah. So, and we'll, we'll get into that testimony in a moment from Mr. Dorin.
Speaker 6Oh, okay. He'll handle that. Okay. Cause here's some questions I need to ask them in regards to safety features that air products, tents,
Speaker 3Any other questions from the board regarding this testimony from this witness. Okay. Hearing no response. I'll open it for questions from the public
Speaker 12Noah, Madam
Speaker 3Chair. Thank you. Close to the public. You may call your next witness. Mr. BOMO.
Speaker 12Thank you. Madam chair. My next question. My next witness is William Dorn. He is an architect, a licensed architect in the state of New Jersey. I think I see him yet. He's on. Okay.
Speaker 5Okay. Can you please raise your right hand? Do you swear that the testimony you're about to give will be truth and nothing but the truth?
Speaker 15Yes I do. Can
Speaker 5You please state and spell your name for the record?
Speaker 15William Doron. Last name is D O R a N.
Speaker 12Thank you, Mr. Darren. I don't believe you've ever been qualified as an expert by this board. So if you could provide your, your CV to the board and explain your licenses. Sure,
Speaker 15Sure. Graduated with an architectural degree from Catholic university in 1980, licensed by the state of New Jersey as an architect in 1987, started my firm at that point, which is still running today. I have not been in front of this board, but I've been in front of boards all over the state and accepted as a expert witness.
Speaker 12Okay. I would, I would offer the board Mr. Dorin as a witness to accept his credentials. Yes. He may testify as an expert before this board tonight. All right. All right. So I'm going to share my screen. So we're going to try it. We're going to try our best here with me being Vanna white.
Speaker 15You know what? I was going to try this. I don't know if, if everyone, Sorry. Oh yeah. And I was going to start with the location of the building from this map, Google earth, justice orientation. We have 2 87 running.
Speaker 12Excuse me, just, just for a moment, bill, if I could, Mr. Mr. Barlow, you, we want to mark this as a one. It did. Michael, do you have this on your computer also? Where you going to share this? Is it, is it, is it, would it be easier for me to share? I, I think so. I think so. Because on the office phone, it's too small, too small. It's not legible for all rest. Just give me a moment. Sure. Can you say what's better? So will, this is a Google earth view. We'll call this a one. Okay. I'm sorry for interrupting.
Speaker 15No, no, no. I wasn't sure if it was going to work it out So that, that white school basically square. Yep. That white, basic square there in the, of the complex is That's the building to the left of that actually is, is building four. And where the I'm sorry, that's the, that's building three that, that white area there and the building to the left of that is building four. And then the tank is going right in the corner there between building three and four.
Speaker 12So basically basically that the tank is going where, where I have the current.
Speaker 15Yes. Okay. And that's in terms of night bridge road, that's in the back of the building. So as was testified earlier, the tank is going to sit on what is now a grassed area. We're going to install a, a concrete pad that is surrounded by a fence, a protective fence and concrete bollards, so that any vehicles coming from the parking lot would be stopped before it got to the fence. And then to the tank, the, the tank is going to be bolted down into the concrete as designed by the manufacturer.
Speaker 12And maybe it would be easy if I, if I flip to this is the site plan exhibit Mr. Barlow, maybe we can mark this as a, to correct. I think Mr. Darren, if you could walk the board through the site plan, which shows some of what you were just talking about.
Speaker 15Yes. Well, as you own the key plan there, you can see that the, the area that we've patched out is the right there is where the tank is going. Sort of tucked in into the corner there of building four. And we have that entire parking lot before we get the, there this whole site on all on well on three sides is surrounded by similar type use buildings. The fourth side, which is on the other side of this parking lot where your, where your cursor is now is the, is a residential zone. The residences all have large trees that shield the, their, their view to the entire site, as well as the proposed tank. In fact, the property next door has a very similar tank that we're looking to put in there's is in the back of the building. Michael, I think you have that picture. Can we bring that up?
Speaker 12Sure. Hold on one second. I think that's it correct?
Speaker 15Yes. So this is the tank on the property, right? Adjacent to two hours. The tank is very similar in style. Their building is a little shorter than, than ours. So their tank is larger, is taller than the building. If we go back and, oh, I forget. I forget who asked the question before about how this is going to get installed. You can't see how it's bolted to the ground, but here you can see in a, in a picture, the, the fencing that will go around the tank and then the concrete bollards there that are painted yellow, they'll be in front of the fence again, to protect it from any vehicles.
Speaker 12And Mr. Barlow, just, just for identification, this is, this would be exhibit a three, a picture of the, of a similar tank.
Speaker 0It was like, I understand it's similar in nature and designed. And did Mr. Darren say, this is the neighbor has this. This is also
Speaker 15It's right next it's right next door. Okay. Do you, you can see the tank from the back parking lot there that we were talking about. So Michael, if you wouldn't mind going back yet back to the drawing there, and then over to the elevation on the left side of the drawing, the exterior elevation, blow it up.
Speaker 12Is that good?
Speaker 15Yes. Yes. So that, that's a, an L an elevation looking at the tank and the building, and you can see that the tank we've we've dimensioned it at 34 feet in the existing building, there is 40 feet high. So we're six feet under the, the height of the existing building.
Speaker 12All right. So the height of the existing buildings, approximately 40 feet, the height, the height of the tank, it will be 34 feet, correct? That's that's obviously once it's mounted on the concrete pad,
Speaker 15Correct. Okay.
Speaker 12And you said before, there will be bollards surrounding, surrounding the, the, the tank and, and offense. Okay. Is that, and that's a sliding fence that,
Speaker 15Well, there's a gate. If you go back to the upper right. Construction plan, we show the right. Yeah. Into that plan. You'll see that. Well, yep. That's fine. That's fine. Either one, you'll see there that the, the tank, the, the grade there from the curb up to the building actually slopes about two feet or so. So we're going to have a block retaining wall around the, around the tank on three sides on the building sides, and then on the w which also has a fence around it. And then on the parking lot side, they'll be a offense with a gate in it for servicing access and fulfilling access. And then the concrete bollards will go across that side of the enclosure and in front, in between the curb in the fencing.
Speaker 12Okay, perfect. And you were saying before that there, that there's, if it's your opinion, it's just not gonna be any visual impacts from, from the, from this tank because of the distance from the rear of this property to, I guess, the residential spaces, the presidential properties behind it. And it's also because it's in the rear of the building away from the 30 Knightsbridge right. Of way.
Speaker 15Yeah. Well, you're certainly not going to see it from the road. And there are a few houses in, in the, behind the property there to the cells that potentially would have a view of it, especially in the wintertime, because most of the trees that, that separate the properties are deciduous. So they'll, they will have, there'll be, there'll be a few houses, a handful of houses that will have a view.
Speaker 12But that, that, that view will be of the side of a side of the building that the height of this, this tank is not above the height of the building. Correct. Okay. Does the, the tank is not located in the parking lot, is located on grass, correct. Okay. It's up against the side of the building, correct?
Speaker 15Well, it's, it's in a little niche in that in, but yes, it's, it's adjacent to the side of the building. It's not right up against it.
Speaker 12So the, the location and installation of, of the tank won't will not have any effect on traffic circulation or parking for the property,
Speaker 15No cycle affected at all.
Speaker 12Okay. Are there, is there any impact on storm water management for the property from because of the tanks? No. Okay. How about landscape?
Speaker 15Well, there are a couple of big evergreen trees in this corner
Speaker 12That will need to be removed, but other than that, no. Okay. And it will be any impact to the lighting on the property in general?
Speaker 15No.
Speaker 12Okay. And do you identify before, but just, just for clarity, this, because of the height of the structure being there 34 feet, that that's what triggers the, the variance request,
Speaker 15Correct? That's correct.
Speaker 12Okay. We did receive a few memos. I just kinda want to run through the memo from internal memo from Mr. Hinterstein stated November 23rd,
Speaker 0If you want to just perhaps have Mr. Dorn just address whatever Mr. Reverend Kenny's question was before.
Speaker 12Sure. Mr. Mr. Dorin, Reverend Kenny had asked about the mounting of the tank and, and how it's going to be placed out there on the property.
Speaker 6Excuse me, Reverend Kenny speaking, you were equals. I was waiting to hear, I was going to be mountain out of the back of the building, the safety factor and the defense gate with a lock and key. When the driver comes to fill this, that you'll be able to see the pressure that he put into this tank. That's a safety feature to get comes with an air product. Cause I worked for air products prior to this, so I know how they Mount the tent. So first of all, did all ladies say inside, but you have the smaller tanks inside feeds off of this 34 foot deck. Is that correct?
Speaker 15Correct
Speaker 6Question. Thank you very much, sir.
Speaker 12And just for clarification, that the T this tank that 34 4 tank is outside and it would be feeding the nitrogen into the interior of the building for use in the freezers to keep the freezers at the correct temperature. That is correct, Mr. Dorin. Yes,
Speaker 15That is correct.
Speaker 12All right. If there were any other questions, I was just gonna try to go through Mr. Hinterstein review Venmo,
Speaker 10Mr. Butler. Oh, I'm sorry. This is Dawn Corcoran. I just had one quick question. So the only connection to the new tank, it's going basically from the internal internally to the external, like there's no new utilities that need to be run to this tank from the street or anything like that. It's just going to be from that this new tank and then directly connecting into the belt, like the per
Speaker 15Tank. That's correct. And that, that was another reason we wanted to put the tank where we did, because the tanks inside are going to be stored right in
Speaker 10That, right. In that building on two floors. So th the only piping will be from the tank into the building. Okay, great. Thank you.
Speaker 15Sure.
Speaker 12Okay. All right. If we can maybe just run through Mr. Hinterstein a review comments. I don't know if there were any other questions from the board. Just once again, your screen. I'm sorry. I'm sure. Hold on. Thank you. Got it. Sorry about that. All right. So once again, this is Mr. Hinterstein review dated November 23rd, 2021 in his site impact section number one, Mr. Door and the, the fencing surrounding the tank will be black, correct? Yes. And there will be black PVC screen slats placed within the, within the fence, correct. Okay. Number two, there is no barbed wire on the fence, correct? That's correct. Okay. And I think that also addresses number three, cause the height, the height of the fence, I think is six feet,
Speaker 15Correct? That is correct.
Speaker 12Okay. And then a number of
Speaker 10This is Dawn Corcoran. Again, I'm so sorry to interrupt you, but can you just confirm then the total height of the fence and the wall, it will not exceed eight feet, is
Speaker 15That correct? That is correct. Okay.
Speaker 10Thank you.
Speaker 12Okay. Number four, the nitrogen tank, it will be a white, correct? Yes. Okay. And just running down the rest of those items. So items 5, 6, 7, 8, 9, and 10, those are really kind of items that Mr Hinterstein wanted addressed. And the applicant with the assistance of the property owner will, is willing to address those items.
Speaker 0And when you be willing your client be willing to enter into developer's agreement to memorialize and set forth the timeframes, when those would be done, Mr. Butler,
Speaker 12Yes. We would be willing to, to address those, you know, working with Mr. Hinterstein to come up with a plan that makes sense for the board and the township and my client.
Speaker 0Okay. So a condition of approval would be a developer's agreement you're
Speaker 12Amenable to that, correct? Regarding Mr.. We also received a review memorandum from E dated December 6th, 2021. That was, or comments within the, that a memorandum or more of a planning concern. And I will address those when I sum up and, and make a proffer on, on the, the variance request outside of that. I don't have any further questions for Mr. Dorin. I don't know if any other members of the board or members of the public have any questions. Boy, do you have any questions for Mr. Darren?
Speaker 4Oh, this is Ron Reiner. It's just really just, just to amplify that this tank is kind of in a caddy corner in between these two buildings, correct?
Speaker 12Mr. Door.
Speaker 15Yes, yes.
Speaker 4Yeah, because I, I visited this site yesterday and, and, you know, it's just a kind of, it's like, almost like an L-shape and with the two buildings, but it's on the wall of the one
Speaker 15That's correct. So there's, there's a, there's a entrance into what you would know when you're there, but that's building number four that you would be entering in and the tank would be just to the left. So yes, building number four, actually projects out in, in, in, in creates a little alcove there. And that's where this tank is going to set.
Speaker 4And it's a fair distance from the residential area.
Speaker 15It's a, about 400, at
Speaker 4Least 400 feet. Okay. And that's what I observed also. And also this tank it's lower than the building and it won't be visible from the right of way from the, from the street, correct? That's correct. Okay. And just one other item that have how these parking areas is set up. It's almost like they almost have parking pauses. There's just one parking area it's kind of dedicated to these two buildings, correct. In the back of the building, right?
Speaker 15Yes. Because th the there's a huge parking lot on the other side of,
Speaker 4Yeah. That's why I went originally and I was lost. So I, once I finally found the way I went to the back, so he said, said truck, truck entrance only. And I was trying to obey the law, but I was wrong. I was wrong.
Speaker 15Yeah. This, this, this parking lot will be utilized by the employees going into building for.
Speaker 4Okay. I thank you. And I forgot to unmute my, my camera while I was asking questions. Thank you.
Speaker 0And Mr. Butler, the applicant would comply with any of the CME, other than the planning comments, dealing with testimony, any of the other items they would comply with, correct?
Speaker 12Correct. Mr. Foreign minister Barlow.
Speaker 0And just so the board is aware that the fire Marshall had approved the plans on November 17th, 2021, and the director of public works had no comments, Madam chair.
Speaker 3So have the boys finished asking questions, questions of Mr. Darren, if not, we need to open it to the public
Speaker 0Now in Madam chair.
Speaker 3All right. Seeing no hands close to the public. Mr. Butler, do you have any other witnesses?
Speaker 12I do not. I do not Madden chairman chairwoman. Sorry. What I would like to do is kind of sum up and provide a proffer on, on the, on the variance request. So as you heard from Mr. and Ms. Darella what's being required, what what's being requested tonight is a preliminary and final site plan to install a liquid nitrogen tank in the rear of the property of 30 Knightsbridge below the property line. And as Mr. Ron, Ron, the planner, I'm sorry, I'm going to mispronounce your last name as, as he says, it's Reinertsen, but I appreciate it. Okay. It's, it's w where the tank is going to be is catty corner. It's kind of, it's, it's stuck up against the building, the building wall, the back rear building wall is not a, it's not a flat wall. There's now cropping, and it's stuck in, it's going to be installed in this kind of outcropping area.
Speaker 12And as you heard, Mr. Ellis say, really the only people who are going to see this, or even know that this is tank is there are going to be the employees who are walking into that building back, back building for entrance, which actually is going to be going right into the area where these freezers are going to be located. And what IBX is asking for is a flexible C2 variance. And in order for a flexible C2 variance to be granted both the positive and the negative criteria have to be met. And as for the positive criteria there, without a doubt that that, that the, they are met. And this, this application that first, the purposes of the, some purposes of the Moul have to be forwarded by the granting of the variance in this, in this case, there are quite a few in my mind, especially purpose a and E which concern the appropriate development and densities, because the allowance of this variance will allow IBX to rehab and rehabilitate, rehabilitate an existing structure in an existing zone that allows for the use and acts as a bonus, you know, changing space from office space to a lab space, reduces the amount of employees and therefore reduces the amount of traffic and reduces the amount of parking that's required.
Speaker 12Also in my mind, per a purpose, I have the MOU is also afforded here by creating a vision desirable, visual impacts, actually in the negative here, because there's not going to be any visual impact. It's going to be the continuation of what's out there on the property now, but for the employees who are walking in and we'll see the tank. So the benefits of, of, of allowing this, this rehab reuse of facility, and to allow IBX to continue with its goal and purpose for, for combat and COVID substantially outweigh any detriment from this, this granting of the variance. Also the granting of the variance is not going to substantially impact or detriment the public. Good. As you heard, Mr. Doren say the nearest property, residential property is about 400 feet away, and this tank is tucked up against the building and will be lower than the building height.
Speaker 12The tank's not going to be able to be seen from 30 Knightsbridge cause it's in the rear of, of the bill of the property. Also the granting of the parents is not going to substantially detriment the intent of the zoning plan. You know, height, variances, or height restrictions are normally put in place to limit or curb visual impact here. There's really not going to be any visual impact because the height of the height of the tank is below. Once again, it's going to be below that height of the building and it's tucked away in the corner for those reasons. I, I really truly believe that this, this application meets the standards for granting the C2 variance. I welcome any questions from the board or for the public, for this application. And thank you for your time.
Speaker 3Excuse me, Madam chair. There's somebody who's chatting Susan race, but like they ask a question from the public. Okay. I guess we should reopen it to the public and see who the question Ms. Reese. Hello? Hello. Hello. Can you hear me? Yes. Hi, I'm a resident. You give us a name. Would you give us your name and your address with sure. My name is Susan Reese, R E I S. And my address is 8 2 5 Shirley Parkway. Sure. Ms. Reese, can you please raise your right hand? Do you swear that the testimony we'll give will be the truth and nothing but the truth? I do. Thank you.
Speaker 3The question I have is well between my parents. My we've owned the home for 50, 50 plus years and the berm that's been put up has been here since the seventies. My concern is I know that evergreens are going to be cut down. These evergreens are very large and overgrown. They've been here from 74. I have a 70 plus year Oak tree that fell over towards me, but it formed the berm. And I haven't been, I have been told when I have found out that the companies are responsible for the maintenance of the berm and we've had numerous storms that, you know, of course have done more than the normal storms, but that's, I'm concerned because if you take the evergreens down is fine, but there's quite a few trees and it's, it really is not properly maintained.
Speaker 15Okay. Well, just so I can, just so we're clear that the two trees that we're taking down are adjacent to the building and not along the berm that it's along the property line. So again, the, the tank location is tucked into the side of, of the building and the two trees that are coming down are in that same spot. And then you actually, from your property, you can see where the tank is going.
Speaker 3As long as the trees can't reach the tank, that's all I want a year.
Speaker 15No, there will be any, there won't be any big tanks by the train.
Speaker 3And I have one question, I guess. Right. And my other question is on the tank that is outside. Does that get flushed out occasionally? And when, I mean, flushed out like air rated, is there any type of a way that it gets cleansed at all? Or is it just keep getting, getting refilled?
Speaker 15I don't know specifically, but what I would say is that the company that supplies, the liquid nitrogen air gas, they will maintain the tank. So if it needs to be clean, they'll clean. It
Speaker 3That's something I think I would want to know now, because if you're sitting out there in the summertime and it gets cleaned, does it get cleaned on a weekday a week? And there's residents that are sitting here and you know, are we going to hear that loud noise when they flush it out?
Speaker 15I don't think there'll be any noise involved.
Speaker 3You don't think? No, I'm sorry. You said you don't, you don't think, but you don't. Is that what I did? I hear you correct.
Speaker 6So I'm trying to tell you to make a safe to towards you the liquid nitrogen tank. It's only, it's only liquid gas, it's liquid nitrogen, the wine, not on the interior of the 10.
Speaker 3Okay. That's perfect. I'm happy. Thank you very much. Those are my two questions.
Speaker 1Madam Madam chair. This is Councilwoman Cahill. And just to, I just, I knew that our time to comment was, was gone, but this resident brought up a good point that I actually meant to ask was, is the applicant required to replace those two trees that are coming down? And I know not necessarily in the same area, but isn't that part of our, when, when, when applicants work with our landscape engineers, that they are replacing any plantings that they take down, I'm fairly sure that's one of our requirements.
Speaker 15Mr. we went through that with Mr. Hinterstein and yes, we will be doing,
Speaker 0And that would be a condition of any approval anything of that nature would be neat to be replaced to the satisfaction of Mr. Hinterstein correct.
Speaker 12If, if they're, if they're moveable, I don't know that the, the diameter of the trees, but if they, if it was, if it did trigger some sort of replacement that that would be done.
Speaker 0Madam chair, there's a question in the chat room from a Tony di asking about how much noise will be generated, ongoing enduring tank refilling. I think Mr. Tony D is on site. I mean, I is on the zoom call, Tony.
Speaker 15Yes. Can you hear me?
Speaker 0Yes. Can you state your full name and your address?
Speaker 15Sure. It's Tony DiVincenzo and I'm speaking on behalf of my mother who's, who was at 19 blueberry court. Okay.
Speaker 0Could you spell your last name for Ms. Saunders?
Speaker 15Capital V I N Z O. Okay,
Speaker 5Mr. can you put, can you please raise your right hand? Do you swear that the testimony about to give will be the truth and nothing but the truth?
Speaker 15Thank
Speaker 5You.
Speaker 0And that was your question, sir. How much noise will be generated ongoing and during tank refilling?
Speaker 15Yes. And also, can you, once again, show the exact location of the tank? Cause it wasn't clear to me during the, during the demonstration.
Speaker 12Sure. And I, and I, I will pull it up. I got to share my screen. Just give me a moment. And I apologize, like my computer I'm having an issue with my computer. So I may actually be bumped off and have to call back in. If
Speaker 15I could share my screen, I have Google
Speaker 12Maps on here. Here you go. So this is, if you can see this where's
Speaker 15That,
Speaker 12So this, this is, this is the rear parking lot. Yes. The main parking lot is, is, is, would be on this side. And the tank is being placed right here in, this is outcrops corner.
Speaker 15Ms. Mr. the, your property is right where Michael, if you were I say, proposed air gas tank location in the V right. That it's directly where I say tank where I say tank in that. Yep. Understood. Okay. Thank you. And can you comment on the noise that's generated by the tank itself and by the filling of the tank? There is, there's no noise
Speaker 12Other than the doll barking.
Speaker 15Understood. Understood.
Speaker 3Any other questions, sir?
Speaker 15No, I think we're good. Thank you.
Speaker 3Okay. Thank you. Can we remove that from the screen, please? Yep. Thank you. Okay, Ms. Buckley, I'm there's if there's no indication from someone in the public, I'm going to close it to the public now. No one has their hand raised. Okay. Thank you. Are there any further discussions from the board or are you prepared to entertain a motion?
Speaker 2If I may I'm Madam chair, this is a Mayor. Wahler I think I know that Mr. Hinterstein is going to be working with the applicant, but Mr. Barlow, I would strongly suggest that we also sit down with the owner of the property, the company that owns the property and deal with the berm in the back, the lady on Shirley Parkway was absolutely correct. That is a very mature berm that needs to be spruced up. I remember when that was built when I was a young kid. So it's been a while. And so work between the applicant and the property owner. I think we can come to a favorable conclusion for the folks that back up. And I do know one of the other residents did contact me about, I guess there's still one of the parking lot. Lights is still shining out over spillage over into the property. And I think we can remedy that to thank you. Ma'am chair.
Speaker 3Thank you, Mr. Mayor. So do we have a motion or is there further discussion
Speaker 1Councilwoman Cahill I'll make a motion to approve this application provided that the applicant does abide by all of the various suggestions that are on the report on, and the landscape engineer, you know, with Henry has agreed to all those, which I believe we've heard here on testimony. And I don't know Mr. Barlow, was there anything else specifically that we needed to note in the offer?
Speaker 0Just that some of the initial paperwork indicated that they weren't going to put in any ed stations, but they have agreed to comply with the recommendations for the Evie and also to enter into a developer's agreement. And all of the items can be addressed further in the municipality will have greater control of what's going out there as a result of the developer's agreement.
Speaker 1That's great. So that in the future, if the applicant comes before, they would have to comply with those. So I will put that off then forward. Madam chair, Dawn Corcoran. A second.
Speaker 3Thank you. Roll call
Speaker 1Mayor Wahler yes. Councilwoman Cahill. Yes. Ms. Cochran. Yes. The Saunders, Reverend Kenney, Mr. Espinosa and Madam chair. Yes.
Speaker 0Madam chair, because of the time, the delicate and time-sensitive nature of the application. And they're being involved in the ongoing COVID pandemic and the testing, a draft resolution was prepared if the board acted favorably on the matter, I believe it's been disseminated to the board based on the favorable application and, and much of the, the items that were raised during the meeting are encompassed within the proposed resolution, including the developer's agreement and full cooperation with Mr. Hinterstein. It would be appropriate at this time unless Mr. Butler has any objection. The board could memorialize the resolution at this time so that biologics can get going with further COVID testing on behalf of the state of New Jersey.
Speaker 12No, I, I have no objections. I think, I think the board, if they were to consider this
Speaker 3Ms. Sanders, are you prepared to memorialize proposed resolution?
Speaker 5Can you hear me? Yep. No, you can't hear me. I can hear you now.
Speaker 3Oh, okay.
Speaker 5Okay. No, no, I was okay. I'm my I'm stuck. Trying to bring up the document now I'm having computer. I was like, I was doing good here. Okay. Give me one second. I'm sorry. Okay. Madam chairman, I like to moralize application in 21, PV 38 slash 39 V for infinity biologics for preliminary and final site plan with bolt variants
Speaker 3Here a second. I will.
Speaker 1Second Councilwoman Cahill. Yes. Ms. Corcoran. Yes. The cylinders wherever Kenny. Mr. Espinosa.
Speaker 3Madam chair. Yes. Thank you so much.
Speaker 15Thank you everyone. Have a great night.
Speaker 3You too.
Speaker 1Madam chair, Councilwoman Cahill. I am going to need to recuse myself from this last application, but I do want to say happy new year to Mr. Nate Yates, and it's good to see him on screen. He is a neighbor, so I will have to recuse myself. So I'll wish everyone a good night.
Speaker 3Thank you. Good night.
Speaker 1Good night.
Speaker 3Item number 12, minus subdivision. 20 PBC. Nathan, a minor subdivision. Mr. are you Ms. Mr. Dacey.
Speaker 15Good evening. Chairperson members of the board attorney Barlow. And Mr.. Is he still here Mr. Running? Ken Berendsen? Yes. My name is Robert Zulo, as I said, I'm a licensed attorney in the state of New Jersey and I represent the applicant, Nathan Yates, who is in the meeting. And I would like to take some testimony from him briefly regarding the application.
Speaker 5Mr. Gates, can you please raise your right hand? Okay. Hello. Do you swear that the testimony you're about to give me the truth and nothing but the truth?
Speaker 15I do. Can you please state your name for the record? Nathan Yates, N a T H a N Y a T E S. I live at 10 23 river road, Piscataway there's gas. How long have you owned the property? 27 years. And are you prepared to share the minor subdivision sketch plat, which was created by Ron George surveying initially dated January 26th, 2021. And revised 10 28 21? Yes.
Speaker 0Reference that as a one, Mr.
Speaker 15Okay. Yes. Barlow, thank you, Mr. can you briefly describe what's proposed by this application? Yes, I'm proposing to turn my property, which is currently approximately one and a half acres into two separate thoughts with a minor subdivision. It's a single family home with a detached garage, which would be encompassed in the first portion of the subdivision and largely an open grass field, which would be the second plot being proposed. And your property is in your 15 zone, right? Correct. And do both slots as proposed substantially exceed the lot area requirement in our 15 zone? They do. Are you seeking any variances? No. The I'd like the applicant to address the CME review letter to the Piscataway Township zoning planning board, which I'd like marked as applicant's exhibit two.
Speaker 0Is that the report of May 19th, 2021 you're
Speaker 15Referencing Mr. I'm sorry. Okay.
Speaker 0We don't need to mark that as part of the record, but certainly I just wanted to make sure we have the same document. So
Speaker 15Yeah, that's it. And to accelerate the process, I believe that the board's planner can confirm that all of the bolts standards have been complied with, or the proposed subdivision sketch plan does comply with the standards. Yeah,
Speaker 4It it's, it's just, just, it's been represented that all the pre-existing nonconformities are going to be removed and that the subdivision into two lots are going to be two conforming. Lots
Speaker 15I do need to, there was some confusion as to whether things are going to be removed or relocated. So to the extent necessary, I'd like to address or have Mr. Gates address known which page four, namely the frame garage is 1.4, four square feet oversized, according to the ordinance. And Mr. Gates has agreed to reconstruct it to comply. Is that correct? Mr. Gates? Yes. The other two are associated with the side set back in a rear setback for a small shed at the rear of the property. And you had the chance to relocate that structured, is that correct? Yes, that's correct. It's shown here. It's a garden shed and I'll move it proper distance away from both property lines and in your front yard, actually in the county right of way, there is a split rail fence.
Speaker 15And what have you agreed to do with that? There's a post and rail split rail fence that runs along river road inside the county right away. And I'll remove that. And I'm sorry, I didn't hear you. I said that is split rail fence that runs along river road inside the county right of way. And I'm going to remove that also as a condition of what's correct? Correct. Okay. So there will, no, we are not requesting any variants released really? Correct? Correct. Now the, the memo at seven, he raises the issue of a reconfiguration of the existing driveway. Do you have any plan to develop the lot to be created by the subdivision in the immediate future? No. I have no plans to develop the proposed law and immediate future. Would you, would you be willing to reconfigure the, the driveway in accordance with whatever standards the department of the township of Piscataway may propose in the event that was to be a severance of ownership or a proposed development of the law? Yes.
Speaker 10Sure.
Speaker 15Mr. Barlow, the other, the other points to be addressed in the planning memo are really post approval issues, such as assignment of lot numbers and the applicant,
Speaker 0They would all be
Speaker 15Conditions would be complied with
Speaker 0Potentially be conditions of approval that would be complied with.
Speaker 15Correct.
Speaker 0Okay. The applicant will agree to that, correct?
Speaker 15Correct? Yes. I think the last and final issue for this application really is the planning memo.
Speaker 0That's the May 24th, 2021 memorandum of Mr. Hinterstein you're referring to sir.
Speaker 15Yes, it is. Okay. I would also like to, I think it's part of the record, as you suggested with the CMA report, the December 8th letter to Ms. Saunders regarding the, the county approval of the revised site plan, sketch plat.
Speaker 0I don't think I'm in possession of that letter. Miss Ms. Buckley, do you have it?
Speaker 15It was sent by Patrick Warman on December 8th, 2021. I don't know what letter he's referring
Speaker 0To. Yeah, I don't either.
Speaker 15Was that from the county? That is from the county.
Speaker 0Yeah. I've never seen it, Mr. Zillow.
Speaker 15Well, I don't have the ability to, I can share a letter that helps. Oh, you can. Yes, that will certainly help. Okay. Give me one second
Speaker 0On, have you seen the letter?
Speaker 10I have not seen the letter.
Speaker 15Just take me one moment to get to that letter. Okay. I'm presenting a letter from December 8th from Patrick. Courtman. You like me to make a little smaller? Can you see it
Speaker 0And just scroll down so we could maybe read it real quick.
Speaker 15I apologize for not getting this, but since it was addressed to Ms. Sanders, I assume that it was in the file.
Speaker 0It makes reference because it says, have been waived after compliance by the applicant with the conditions outlined to you dated 8, 12 21. I don't know what letter that's referencing either
Speaker 10Nor do I Mr..
Speaker 0So I don't know. I guess, I don't know. What was it saying you complied? I don't know what they asked you to do, I guess,
Speaker 15Are you with ashes do is what was done on exhibit one, which was the revisions of 10 28, 21 in response to the county's letter, which added the right of way and center line of river road, Burke county comments and additional survey work.
Speaker 0Well, I mean, normally one of the conditions would be, you know, compliance with any requirements of the Middlesex county planning board. So if, if you've complied with them, then, then that be an easy condition to meet.
Speaker 10And Mr. Zulo, if I may, this is Dawn Corcoran did, so did the county have sufficient right away? Is that what you're telling us or did your client need to dedicate additional right away?
Speaker 15No, there's no requirement to dedicate additional roadway.
Speaker 2Madam chair. I just want to get this correct. So the, the applicant there's already the 55 foot half with out there
Speaker 15With per the survey or the entire width of the river road right away for this is what the county asked the applicant to reflect on. The revised plan is 66 feet.
Speaker 2Well, I think correctly, correctly, if I'm on Dawn, the it's the 110 foot right away out there, correct. Well, I got to tell you, Bob, you know, we always ask whatever the right of way is out there. And as you know, the counties on our engineering design out there to reconstruct that section of the, the roadway and normally it's the town's job to get right of way out there. And we're going to have to have the 55 foot half with,
Speaker 15And I'm not willing to provide
Speaker 2Well, then I'm voting. No, that's, I'm just letting you know right now to the board, with every application that's ever come before this board, when it comes to the county right away, you will not have my vote on that. You're pushing water up a hill. This has been the policy, this board for 20 plus years or longer with every application. If the applicant wants to take, wants to hold back and rethink this, but I have to stand firm on this one. I've been very consistent in its whole board has been very consistent for 20 to 25 years on this.
Speaker 10And mayor, if I may, the subdivision ordinance is very clear with regards to sidewalks and with regards to widening of existing streets, it is a requirement. And as you said, not only are we looking for the easement, we are also looking for the installation of those sidewalks.
Speaker 15And I, I really don't understand. I'm not trying to be difficult. I don't understand why, what authority, the township of Piscataway gets to require installation of sidewalk within a county right of way when the is not requiring it.
Speaker 2Well, I respect, I respectfully disagree. Bob, you know, the county is under engineering design right now. They're midway through a design. There will be a sidewalk out there. And just like we required to, to prior applicant's before that you heard there re putting sidewalks in the right away. I mean, just, you know, I don't want to make this difficult. I mean, if you want to enter a developer's agreement that you do it over a year's period or put a bond up or whatever, but the right of way, and the sidewalk has got to happen. Every, every house that you go by, every application that's been through this board in the zoning board over the last 15 to 20 years or longer, it's been the same thing. And I I'm pretty sure Ms. Corker can verify that.
Speaker 10And mayor, with regard to the developer's agreement, we'll have the, we would request the easement or the dedication and the right of way to sidewalk. And we will also need a temporary construction easement.
Speaker 15Oh, here we are. All I can say is that the, the letter December 8th requires no such thing.
Speaker 2Well, I respectfully disagree Bob, and I'm not going to go back and forth the job. We have an inter local agreement with the county. We have to acquire all rights of way and pay for all improvements out there per with the county that the standard county agreement. And I I'll be honest with you. You don't have my vote on this one unless we get the right away in the sidewalks. I mean, cause I, it wouldn't be fair to all the other application for the last two decades that you've got to pass on this one, you know, and everybody else has to do it.
Speaker 0And Mr. Zulo, since we don't have any of the letters from the county, you know, I, I feel like I'm, I'm flying a little blind in terms of w what the county even did beyond what the mayor's already indicated in terms of, you know, the half with on river road was the county's not going to the county is going to make the Skyway paid for the sidewalk or the, the obtaining the land, the easements were saying, correct. On
Speaker 15The, the, I understand this is where we were last time. And I, you know, I'm just not aware of any provision which would permit a Piscataway to take, what is it, 15 feet you're looking for of Missy ACEs property for a consideration of a totally conforming subdivision or approval of a totally conforming subdivision.
Speaker 10If I may, Mr. Zulo, the subdivision ordinance makes it very clear, and I'll give you the section number 20 dash 5 1 1 0.2 dash five, widening of physics is extend streets. And it specifically says it's subdivisions that do not conform to width as shown on the master plan or official map where the street with requirements of this section shall dedicate additional width along either one or both sides of the road.
Speaker 15I'm sorry,
Speaker 10It's 20 dash 5 1 1 0.2 dash five. I can send you the section tomorrow, if you like,
Speaker 15Okay, that's the Piscataway ordinance And it doesn't own the streets. The town does. I'm sorry. The county does.
Speaker 10Tony knows, but it says that if it does not conform to the width shown in the master planner, the official map of the township, our master plan calls for a 55 foot halfway Division ordinance,
Speaker 15You still don't have jurisdiction over this road.
Speaker 0We have jurisdiction over the subdivision application and the ordinance applies to
Speaker 15No question. You have jurisdiction over the subdivision application, but not this road and not the right away.
Speaker 0I guess judge McCloskey will ultimately decide that. I mean, this is all either the application is going to be denied because the applicant doesn't want potentially because the app doesn't want to comply with the conditions as set forth by the municipal professionals, or they could grant the application with all those conditions or grant them without the conditions. So the board always looks to work with the applicants to seek their agreement, to comply. As you know, the last two applicants and every applicant, we're always looking to work with an applicant, but those are the conditions. And that's the ordinance as to the site
Speaker 2That Mr. Barlow Mr., there's a lot just down the road. When Colgate had the addition down there, they had to give the 55 foot half with down there on Colgate county road,
Speaker 15No sidewalks
Speaker 2Put date. They put S escrowed money aside for the county to do the sidewalks. Cause the county is gonna, is gonna, is what's part of the reconstruction of river road from Overbrook to hose lane west.
Speaker 15I think that the applicant should be given a, a period of time to consider the options here.
Speaker 2And Mr. Barlow, the other application down there in Garrison lane where it was a three lot subdivision fronting river road, same thing, 55 foot, half with sidewalks. They just started to construct it now.
Speaker 0Yeah, I mean, I've been, this is my third year as the board attorney and every single application has he has curbs sidewalks and the dedication of the half with,
Speaker 15Well, I understand I was on the zoning board for nine or 10 years and every application where they could get it, the township requested it.
Speaker 0Hmm. Well, you, you indicate, look there's, you didn't notice for the meeting. So there's not a notice issue. If you want to ask for an adjournment to consider it and come back after you consider it at the next meeting, that's certainly your prerogative. If the board wants to consider that if you'd like time to discuss it with your client.
Speaker 15And I think it's, yeah, I think it's necessary to do that. We can't conduct our discussions.
Speaker 0Understood we have the benefit of, you know, going in the hallway or something, and the developer's agreement might afford the applicant, you know, additional time, if that's the concern and the board's not adverse to working with the property owner through a developer's agreement, if more time is needed or, you know, other options as we've already discussed.
Speaker 10And Mr. Zulo, if you could, please, if you decide to, you know, ask for additional time for the, for you to discuss this with your client, if you could please get us the information from the county, any of the plans, just so we have the opportunity.
Speaker 15I can't believe that. I mean, I, I realized what's happening with, with COVID and whatnot, but I can't believe that a letter sent by Patrick Warman senior planner a month ago. Never reached you
Speaker 0Well, Mr. Yates, can I just ask a quick question? Is the planning board attorney copied on the bottom of that letter?
Speaker 15Everybody's copied Doug was Greenfield. There's the CC list showing on the screen. Can you see Mrs. Buckley and Dawn Corcoran who was on the call are all CC'd
Speaker 0And ICC though. I'm just Tom Barlow. I mean, I have to say I'm pretty sure I didn't get it cause I would have billed you for it. So I can only say that I haven't seen any correspondence. I just went through my file again. I have nothing from the county, you know, so, you know,
Speaker 15There are two letters from the county and I'll be happy to email them immediately after this.
Speaker 0Yeah. And as the one indicated if, if there were revised plans in response to that, you know, that would be great too. So it sounds like
Speaker 15You're looking at what you're looking at on the screen is the one that was produced in response to their requirements.
Speaker 0But I'm looking at the CME report, Mr. Zulu. And as on the first page, there was outline what they reviewed and it says they reviewed the January 26th, 2021. And that's why, when you indicated it had been revised October 28, 21, I was a little surprised because obviously that was not submitted because usually any revisions would get submitted also. So we could just see what had happened.
Speaker 15It was submitted. But the only thing that was revised as far as I know is added, right. And center line of river road per county comments.
Speaker 0No, no, I, I sure you submitted it to the county cause you got a letter in response. What I meant was it doesn't appear, the plan was submitted to Piscataway because all the reports predate the last revision. Correct. All the reports are may of 2021 and the revisions October of 2021. So besides the county letters, I'm just saying we haven't seen the revised plan, which had this center line information, which I guess they were responding to it. You know, it may, it, it doesn't necessarily change the w what we've talked about earlier, but I'm sure everybody just wants to have all the same information. Yeah,
Speaker 15I apologize. But I, I, I guess I was, I assume that the county's letter of December case and their letter of August 12th addressed to Ms. Saunders was delivered
Speaker 0And certainly reasonable. I, you know, I go back to the old I'm blanking on the TV show. You know, what happens when you assume and feel it's withdrawal on the board. So
Speaker 15It just, thankfully it wasn't an assumption related to something that I generated.
Speaker 0No, no, again. And it happens. So do you want, do you want to carry it and we can all get the same information. You can talk to Mr. Yates and we'll put you on February's agenda.
Speaker 15Mr. Gates, what do you feel about that? That's fine. I think the main issue is not changed. I mean, it's the same thing. This is the second time. So we've been doing this for a while. Okay. Let's do that.
Speaker 0Ms. Smith, if, if the board's amenable, then I think it would be appropriate to make a motion to carry and continue the, the aids application 20 PBO six. And we
Speaker 3Remove the, this from the screen,
Speaker 0Please. So the February meeting,
Speaker 3Thank you. Okay. This matter is adjourned until our February the ninth meeting. Do we need a motion?
Speaker 0I think that would be appropriate,
Speaker 3But someone make a motion to have this matter adjourned until February 9th meeting.
Speaker 0Okay. I go, I go by what lower says
Speaker 15I,
Speaker 3Our final word. Okay. Thank you very much, gentlemen. Then we'll, you'll be listed for the February 9th meeting A few items left board members. Please. Can I get a motion to pay the bills? Madam chairman. This is Carol Saunders. I make a motion that we pay the bills. We'll have a second. Okay. You're welcome, sir. A second, dude. I hear a second. Dawn Corcoran. Yes. Yes. Roll call please.
Speaker 1Mayor Wahler. Yes. Councilwoman Cahill. Oh, she left. Sorry. Ms. Corcoran. Yes. Ms. Saunders. Yes. Reverend Kenney. Mr. Espinosa, Mr. Foster. Madam
Speaker 3Chair. Yes. Motion for an adjournment. Second Carol Saunders. All in favor. Aye. Opposers everyone night. Every way safe.