Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript

[00:00:05]

HOPE. WE'LL HAVE SEX, BUT WE CAN PROCEED WITH FIVE IF, BUT WELL, WE CAN DISCUSS THAT. UH, IF YOU'D LIKE. ALL RIGHT. WELCOME TO THE MONTGOMERY TOWNSHIP ZONING BOARD, UH, MEETING AT THE MONTGOMERY TOWNSHIP, SOMERSET, NEW JERSEY IS A REGULAR MEETING ANNOUNCED FOR MAY 20/5 2023 AT 7 P.M. IT'S THE INTENTION OF THE ZONING BOARD TO CONCLUDE THIS MEETING NO LATER THAN 10 P.M.

THE TIME IS NOW 702. UM UNDER THE PROVISIONS OF THE OPEN PUBLIC MEETINGS, ACT NOTICE IN

[I. ROLL CALL]

TIME AND PLACE OF THIS MEETING HAS BEEN POSTED AND SENT TO THE OFFICIALLY DESIGNATED NEWSPAPERS . UM DON. ARE YOU GONNA CALL THE ROLE OR IS IT GOING TO BE YOU SHARE GREAT HERE. HERE. BOBBY IS UNABLE TO MAKE IT. LISOVSKY IS UNABLE TO MAKE IT SING IS UNABLE TO MAKE IT. WALMART WOULD BRANDS. DDS WHO ARE WAITING FOR META IS UNABLE TO MAKE IT DRILL HERE AND RG. THANK YOU. MR WALMART, CAN YOU LEAD US IN THIS LOOP? PLEASURE ALLEGIANCE TO THE FLAG. STATES OF AMERICA. YEAH THE REPUBLIC STANDS FOUNDATION. INDIVISIBLE. THANKS, JOHN. ALRIGHT I'D LIKE TO OPEN UP THE MEETING WITH THE PUBLIC WITH THE OPPORTUNITY FOR THE PUBLIC TO MAKE ANY COMMENTS, BUT I WOULD REMIND YOU OF THESE ARE COMMENTS FOR ITEMS THAT ARE NOT ON TODAY'S AGENDA. UM SO ARE THERE ANY MEMBERS OF THE PUBLIC WHO WOULD LIKE TO MAKE ANY GENERAL COMMENTS TO THE BOARD FOR THE

[IV. RESOLUTIONS]

BOARD? OKAY? AH THE NEXT ORDER OF BUSINESS IS RESOLUTIONS. CASE BE A TECH 11 TECH ONE TO THE APPLICANT WAS ALAN AND JUDITH REBA FOR BLOCK 6001 LOT 40.09. 51 REMY COURT, THE EXTENSION OF BULK VARIANTS APPROVAL. I YOU ALL SHOULD HAVE RECEIVED THE MOTION. I WAS BY THE RESOLUTION TO MEMORIALIZE. MOTION FROM THERE. YES THERE IS. RESOLUTION WAS DATED 2023 0413 VERSION THREE. CAN I HAVE A MOTION MOVED TO MEMORIALIZED? THE NEXT JOB. I SECOND. ROLL CALL, PLEASE. WATCH IT. YES, YES. ROSENTHAL YES, WALMART AND WHAT? THANK YOU. GREAT UH, NEXT CASE IS BE A TECH ZERO TO TECH TO THE APPLICANT WAS GOLDEN BISON. THIS IS BLOCKED 1100 TO LOT 14 AND 15 ON 59 ZION, WHERE IT'S VILLE ROAD WAS A BULK VARIANCE. THE VERSION OF THE, UH RESOLUTION IS 2023 05 24 INCH VERSION THREE ALSO, AND I HAVE TO ADD PAGE NUMBERS TO THIS. SO THAT SUBJECT TO ADDING PAGE NUMBER SUBJECT TO ADDING THE PAGE NUMBERS TO THE TO THE RESOLUTION. MOVED TO MEMORIAL LIST. THANKS, SAMMY JOHN. IF I MAKE SURE. THAT THE MOTION AND THE SECOND THE PEOPLE THAT ARE QUALIFIED TO VOTE OR BLAZEJOWSKI BLODGETT ROSENTHAL IN SING RIGHT? AND WOULD. SO YOU NEED ANOTHER SECOND WE HOLD ON. HOLD ON. HOLD ON. I HAVE I COULD BE WRONG. I KNOW WHAT IT SAYS ON THE AGENDA I HAVE ON THE RESOLUTION. LASOSKI BLODGETT ROSENTHAL AND SEEING VOTED IN FAVOR. BRUNS VOTED AGAINST I HAD A 41 VOTE. IS THAT WRONG? DO YOU REMEMBER THIS? YEAH JANUARY, RIGHT? YEAH. JANUARY 20/4. CAN YOU JUST LOOK UP IN THE MINUTE MINUTES RIGHT NOW? BELIEVE ME, I'VE MADE MY FAIR SHARE OF MISTAKES. IT'S POSSIBLE LIKELY FOR ME TO MAKE A MISTAKE IN SHERRY, BUT LET'S SEE. SURE I HAVE BREZOSKY BLODGETT ROSENTHAL SING AND WOOD AND THEN BRUNS VOTED NOW. OKAY THEN I AM WRONG . I AM SO SORRY ABOUT THAT. LET ME ADD, BUT THEN I NEED YOU TO MAKE A 2ND 2ND. THANK YOU. MR WOODS SECONDS. OBVIOUSLY, I MAKE THIS CORRECTION TO WITH THE PAGE NUMBERS. READING FOR THE ROLE OF BUDGET. YES, YES. AND WHAT? YES, THANK YOU. ALRIGHT THE NEXT WAS

[00:05:04]

CASE BE A 204 TECH TO THE APPLICANT WAS KEVIN RIGHT? WOODMONT TREATMENT CENTER LLC.

BECAUSE. I HAVE THAT GOING NEXT WEEK SO WE CAN SKIP AROUND. SO THE NEXT ONE IS. CASE BE A ATTACK 06.22 APPLICANTS ROLL SHOT HILT BUILDERS GROUP L C BLOCK 14 001 LOT FIVE 57750 ROUTE. 601 IMPORTS OIL FROM VILLAGE WALK. UH THE RESOLUTION IS DATED. 2023 05 24 VERSION TWO PAGE NUMBERS ON THIS. WITH AMENDED PAGE NUMBERS. CAN I HAVE A MOTION TO MEMORIALIZE MOTION TO MEMORIALIZE? THANKS MISS BRUNS SAID I SECOND, MR WOOD. THANK YOU. ROLL CALL, PLEASE.

YES ROSENTHAL WOOD AND BRONZE. THANK YOU. ALRIGHT. THE NEXT IS CASE BE A TECH 04 TECH TO APPLICANT WITH KEVIN RICE WITH MY TREATMENT CENTER L C BLOCK 15 001 LOT 6362 SUNSET ROAD, WITHDRAWAL OF INTERPRETATION USE VARIANCE APPLICATION, AND ACTUALLY, THE RESOLUTION IS GOING TO DISMISS THE APPLICATION WITHOUT PREJUDICE. BY GRANTING THE REQUEST FOR THE WITHDRAWAL.

YES, UM THEY RESOLUTIONS DATED ZERO IN 2023 05 22 VERSION ONE TO CORRECT THE SPELLING IN THE HEADING IT'S TOO EMBARRASSING TO TELL YOU WHAT I DID. WE SAW IT. YEAH. GREAT UM, COULD I HAVE A EMOTIONAL IZED? THE MORE MEMORIALIZED THE RESOLUTION TO WITHDRAW WITHOUT PREJUDICE MOVED TO MEMORIALIZE. MR WALMART. I SECOND, MR WOOD. NEVER ROLL CALL, PLEASE. YES, YES. WALMART

[V. APPLICATIONS]

WOULD AND BRUNT. YES, THANK YOU. GREAT UM, THE NEXT IS APPLICATIONS. WE STILL DON'T HAVE OUR SIX BOARD MEMBER FOR TODAY. ANYONE HAVE THE CELL NUMBER SO SOMEONE CAN CALL HIM TO SEE IF HE'S ON HIS WAY. YES, ACTUALLY, I DO. NOT TO SPEAK FOR THE APPLICANT BECAUSE THE APPLICANTS ATTORNEY CAN SPEAK FOR HIMSELF. BUT I WOULD THINK AT A MINIMUM YOU CAN. STILL THERE'S FIVE. YOU CAN STILL PUT YOUR CASE IN. AND WHEN YOU GET TO THE END, DECIDE IF YOU WANT TO ASK FOR A VOTE TONIGHT. OR IF YOU WANT TO ASK TO HAVE A CARRIED. YEAH. YEAH I THINK THAT'S A GOOD IDEA. APPEARANCE FOR THE RECORD. GOOD EVENING. MEMBERS OF THE BOARD. MY NAME IS MICHAEL OH GRODD NICHIMEN, ATTORNEY AT SAVO SHOCK. CORSINI WARNER, GILLESPIE, GRANIK AND FISHER ON BEHALF OF THE APPLICANT. UM SO IF WE CAN WANT US TO PROCEED AND JUST FOR ANYBODY WHO'S SPEAKING ALSO THE WE HAVE A BEAUTIFUL NEW ROOM. BUT THE ACOUSTICS IN HERE ARE NOT VERY GOOD. SO IF YOU COULD JUST SPEAK INTO THE MICROPHONE, YOU'RE DOING A GREAT JOB. I'M JUST ASKING FOR ANYBODY ELSE. DO WE HAVE A HANDHELD MIC FOR THIS POTENTIAL WITNESS? OR DO YOU KNOW YOU HAVE A LAPTOP THERE? CAN YOU COME UP TO THE PODIUM? WHERE CAN THE ATTORNEY COME UP TO THE PODIUM AND LEAVE YOUR WITNESS AT THE TABLE, EITHER ONE BUT JUST TO MAKE SURE EVERYONE HAS A MICROPHONE. HOLD UP ONE SECOND. LET'S JUST GET A REPORT ON THE SIX BOARD MEMBERS BECAUSE I HEAR OUR BOARD SECRETARY ON THE PHONE WITH HIM. IF HE SAYS, FOR EXAMPLE, I'LL BE HERE IN FIVE MINUTES. OH, YEAH, LET'S JUST PROCEEDED. IT'S NOT EVEN WALKING. GOOD EVENING MEMBERS OF THE BOARD AGAIN. MY NAME IS MICHAEL GRODD. NICK I'M, AN ATTORNEY AT SAVO SHOCK LAW FIRM IN SOMERVILLE. I'M HERE ON BEHALF OF MY CLIENT. THE BEATLES BROKE CLUB. UM PROPERTY, OF COURSE, LOCATED AT 2 40 ROLLING HILL ROAD. PROPERTIES JUST OVER 175 ACRES LOCATED IN THE R FIVE RESIDENTIAL ZONING DISTRICT. GENERALLY SURROUNDED BY HIGH END RESIDENTIAL DEVELOPMENT. AND CHERRY VALLEY COUNTRY CLUB TO THE NORTH SINCE 1965 BEANS BOOK CLUB HAS PROVIDED THE COMMUNITY WITH OUTSTANDING GOLF, RECREATIONAL AND SOCIAL OPPORTUNITIES TO MEMBER SO THE GREATER PRINCETON AREA BY PROVIDING A FAMILY FRIENDLY ATMOSPHERE FOR AN 18 HOLE GOLF COURSE PRO SHOP POOL EVENT SPACE JUST SLOW IT DOWN A LITTLE BIT. SURE. THE CLUB FEATURES THREE DINING AREAS PORCH DINING ROOM FAMILY DINING ROOM IN THE GRILL ROOM. THERE ARE SEVERAL SEVERAL

[00:10:03]

ACCESSORY STRUCTURES RELATED TO THE GROUNDS CARE AND GOLF CARE, GOLF COURSE MAINTENANCE OPERATIONS. UM LOOKING AT PROCEDURAL HISTORY BEFORE THIS BOARD VARIANCES WERE GRANTED 1ST AND 2010 FOR THE MAINTENANCE AREA IN 2007 FOR THE POOL CABANA. AND IN 2003 FOR THE CLUBHOUSE. ALL THOSE APPLICATIONS WERE PREVIOUSLY GRANTED BY THIS BOARD. OF COURSE, WAS DESIGNED BY FAMED GOLF ARCHITECT DICK WILSON. ORIGINAL NAME OF THE CLUB WAS THE PRINCETON GOLF AND TENNIS CLUB CORPORATION FORMED IN 1963. RACKET SPORTS HAVE ALWAYS BEEN A STAPLE SINCE THE CLUB'S INCEPTION OVER 50 YEARS AGO IN 1964, THE TENNIS COURTS WERE CONSTRUCTED UNDER THE SUPERVISION OF JOHN CONROY, PRINCETON UNIVERSITY TENNIS COACH AND FIRST TENNIS PROFESSIONAL AT BIDEN'S BROOKE. THE CLUB CURRENTLY OFFERS FIVE UH, HARD, TRUE TENNIS COURTS AND A DECK FOR VIEWING THE TENNIS AND OVERLOOKED TO THE COURTS.

THE CLUB ALSO OFFERS FOR NEW RECONDITIONED PADDLE COURTS. TENNIS COURTS ARE ONLY USED SEASONALLY. THIS APPLICATION CONFORMS WITH ALL OF THE BULK STANDARDS IN THE R FIVE ZONE, INCLUDING MINIMUM LOT AREA FRONTAGE WITH DEPTH SETBACKS, BUILDING COVERAGE AND PERVIOUS COVERAGE. BUILDING HEIGHT, ETCETERA. NOTABLY THE MAC BUILT AND MAXIMUM BUILDING COVERAGE IS 8. AH IN THE R FIVE ZONE, AND THE EXISTING COVERAGE IS THAT JUST 0.2% OF THE 175.69 ACRES.

MAX IMPERVIOUS IS ONLY 3.62% WERE 15% IS PERMITTED IN THE ZONING DISTRICT. THIS APPLICATION SEEKS APPROVAL TO CONSTRUCT NINE POLE MOUNTED LIGHTS AROUND TO EXISTING TENANTS. COURTS KNOWN AS COURTS NUMBER FOUR AND FIVE. THE APPLICANT IS REQUESTING RELIEF FROM PROVIDING 14 TREES PER ACRE AS A DESIGN WAIVER. AS FOR RELIEF, A USE VARIANCE HAS BEEN IDENTIFIED. PURSUANT TO 40 55, D. DASH 70 D ONE FOR EXPANDING THE PRE EXISTING NON CONFORMING USE, AS WELL AS A POTENTIAL HEIGHT VARIANTS UNDER SECTION 15-5 0.4 B TO A GO BACK TO THE VARIANCE AND REPEAT WHAT YOU SAID. A D ONE VARIANTS NOT TO EXPAND A PREEXISTING, NOT CONFORMING USE. IT'S A D ONE VARIANTS BECAUSE THE USE IS PERMITTED BY USE VARIANTS.

CORRECT EXISTING NON CONFORMING USE, THEN YOU DON'T EVEN NEED A D TWO VARIANTS RIGHT ONCE SOMETHING IS CREATED BY D ONE TO EXPAND THAT YOU NEED ANOTHER D ONE. THAT'S THE RELIEF. CORRECT, CORRECT. AND WE DO HAVE A PROFESSIONAL PLANNER HERE TO TESTIFY. UH, AS TO THOSE PROOFS.

UM THIS THIS APPLICANT WILL PROVIDE EXPERT IN FACT, TESTIMONY FOR THE BOARD TO CONSIDER THE RELIEF STANDARDS AND AS OUR SITE ENGINEER TOM DECKER FROM VAN CLEEF ENGINEERING WILL EXPLAIN IN FURTHER DETAIL. THE TENNIS COURTS ARE SOUTH OF THE PARKING AREA POOL AND CLUBHOUSE. UH THERE ARE TWO SUBJECT COURTS ARE PART OF A LARGER GROUP OF FIVE TENNIS COURTS THAT ARE ALREADY EXISTING. UM. TO THE SOUTH WEST AND NORTH OF COURTS ARE SURROUNDED BY TREE VEGETATION. COURT LIGHTING IS DETAILED ON SHEET THREE OF THE PLANS ENTITLED LIGHT ENTITLED LIGHTING DETAILS. AND PROPOSED DOWNWARD, FACING LIGHTS CONFORMING TO THE LIGHT SPILLAGE ORDINANCE JUST OUTSIDE THE FOOTPRINT OF THE EXISTING TENANTS COURTS, LEAVING A SUBSTANTIAL DISTANCE TO THE ADJACENT RESIDENTIAL HOMES ALONG SOUTHERN HILLS AND DUNCAN LANE, WHICH IS FURTHER BUFFERED BY EXISTING FOREST VEGETATION. AND ALSO JUST TO BE CLEAR. YOU'RE NOT ADDING ANY ADDITIONAL TENNIS COURTS. YOU'RE BASICALLY ADDING THE AMOUNT OF TIME THAT PEOPLE WILL BE USING THE TENNIS COURTS BY PUTTING IN THE LIGHTS. IS THAT CORRECT? WE ARE THERE'S NO ANTICIPATED. YOU KNOW, OUTSIDE MEMBERS. THIS IS JUST FOR THE EXISTING MEMBERSHIP. CORRECT RIGHT NOW. ARE THERE LIGHTS ON THE COURTS NOW? THERE ARE NOT LIGHTS ON THE TENNIS COURTS ASSUME THAT YOU'VE GOT TO STOP PLAYING TENNIS RIGHT NOW. WHEN IT GETS DARK, THAT'S CORRECT.

WITH THE LIGHTS STILL BE PEOPLE WILL BE ABLE TO PLAY TENNIS LONGER. YES UNTIL 10 PM, AND THAT'S WHY YOU WANT THE D ONE VARIANTS. IT'S NOT THAT YOU'RE EXPANDING THE NUMBER OF QUARTZ.

YOU'RE EXPANDING THE HOURS OF OPERATION OF THE COURTS. THAT'S CORRECT, MR DRILL. YEAH. I MEAN, I GUESS THAT YOU KNOW, OF COURSE , IS THE LEGAL THE LEGAL QUESTION OF WHETHER THIS IS DE MINIMUS OR WHETHER THIS IS SUBSTANTIALLY CONFORMING TO THE EXISTING USE? UM I AGREE WITH YOU GUYS THAT YOU NEED TO DO ONE VARIANTS. I JUST WANTED JUST TO MAKE SURE THAT THE BOARD KNEW THE ISSUE IS NOT THEY'RE ADDING NEW QUARTZ. THE ISSUE IS NOT THAT THEY'RE EXPANDING THE COURTS. THE ISSUE IS THEY'RE EXPANDING THE AMOUNT OF TIME THAT PEOPLE CAN PLAY IN THE COURTS, AND TECHNICALLY, THEY NEED A D ONE VARIANTS. RIGHT AND I'LL HAVE MY PLANNER ADDRESS THAT AND FURTHER DETAIL. UM. AS SET FORTH ALSO SEPARATING THE PROPOSED LIGHT LIGHTED TENNIS

[00:15:02]

AREAS. THERE ARE TWO GOLF HOLES, HOLES NUMBER NINE AND 15, WHICH ALSO PROVIDE ADDITIONAL DISTANCE AND BUFFERING. AS SET FORTH ON THE SITE PLAN THE DISTANCE FROM THE PROPOSED LIGHTS OF THE TENNIS COURTS TO THE FIVE CLOSEST RESIDENTIAL PROPERTIES RANGE FROM 332 FT TO THE SOUTH 506 FT TO THE NORTHWEST AND 749 FT TO THE SOUTHEAST. WITH ME TONIGHT. I HAVE TOM DECKER.

THESE ARE PROFESSIONAL CIVIL ENGINEER FROM VAN CLEEF ENGINEERING. AND WE HAVE ELIZABETH MCMANUS ARE PROFESSIONAL PLANNER FROM THE KYLE MCMANUS FIRM AND HOPE.

WELL, WE ALSO HAVE CRAIG CAMPBELL. HE'S THE GENERAL MANAGER OF THE CLUB AVAILABLE TO ANSWER ANY OPERATIONAL QUESTIONS ON BEHALF OF THE APPLICANT. SO I DON'T KNOW. WHY DON'T WE SAY THIS? AND GET THEM ALL SWORN, BUT CRAIG CAMPBELL AND HE'S THE APPLICANTS. OPERATIONS MANAGER GENERAL MANAGER OF THE MANAGER, OKAY? SO LET'S GET MR CAMPBELL, MR. DECKER MISS MCMANUS AND THE BOARDS, PLANNER AND THE BOARDS. ENGINEER. EVERYONE STAND UP. RAISE YOUR RIGHT HANDS BECAUSE EVERYONE SWEAR OR AFFIRM THE TESTIMONY YOU'RE GOING TO GIVE DURING THIS PROCEEDING WILL BE THE TRUTH. THE WHOLE TRUTH. NOTHING BUT THE TO START BACK THERE. YES, YES, YEAH. OKAY? WITH THAT. I WOULD ASK TO QUALIFY. MR MR DECKER. IS IT CORRECT THAT YOUR PROFESSIONAL ENGINEER IN THE STATE OF NEW JERSEY YES. AND YOU'RE IN GOOD STANDING WITH YOUR PROFESSIONAL LICENSES? YES, I AM AND WHAT? WHAT TOWNS DO YOU REPRESENT? AS A MUNICIPAL ENGINEER AS A MUNICIPAL ENGINEERING REPRESENT, UM BETH LEMON ALEXANDRIA TOWNSHIP IN UNDERNEATH COUNTY AND ALSO REPRESENT ALL THEIR BOARDS. UH I'M THE CRANBERRY TOWNSHIP ENGINEERING MIDDLESEX COUNTY ON THE ROCKY HILL. PAROLE UM, PLANNING BOARD ENGINEER AND I'M ALSO THE WEST AM WELL, BOARD OF ADJUSTMENT ENGINEER IN HUNTERDON COUNTY. AND HAVE YOU TESTIFIED BEFORE THIS BOARD IN YOUR PROFESSIONAL CAPACITY? YES, I WAS HERE, PROBABLY TWO OR THREE MONTHS AGO ON THE PRINCETON MONTESSORI. WITH THAT I WOULD ASK THAT HE BE QUALIFIED AS AN EXPERT IN THE FIELD OF CIVIL ENGINEERING QUESTIONS AS ANYBODY IN THE PUBLIC HAVE QUALIFICATION QUESTIONS. IN OTHER WORDS, QUESTIONS ABOUT HIS QUALIFICATIONS. NOPE. DOES ANYBODY IN THE BOARD? WELL, EXCEPT YOU. THANK YOU, MR DECKER. OKAY SO AS WAS EXPLAINING. I'M I'LL STAY SEATED. IF YOU IF YOU DON'T MIND AND I'M I'M REFERRING TO ON THE EXHIBIT IS THE SECOND SHEET. OF THE PLAN SET THAT WAS SUBMITTED, UM ESSENTIALLY, IT SHOWS THE ENTIRE GOLF COURSE AND I'M GOING TO ZOOM INTO THE AREA OF CONCERN. UH HUH. MM. SEE HERE WE GO. SO THIS SQUARED UM. THIS RECTANGLE HERE THAT'S IN THE HEAVY DASH LINE. IS THE SUBJECT AREA WHERE THE TENNIS COURTS ARE. YOU'LL NOTICE THIS, UM, RECTANGULAR SHADED AREA. THOSE ARE THE TENNIS COURTS OR FIVE TENNIS COURTS. THERE WE ARE PROPOSING LIGHTS ON THE TWO EASTERNMOST COURTS. THERE'S AN EXISTING CABANA TO THE TO THE EAST, THE CLUBHOUSES TO THE TO THE NORTHEAST. UM AS WAS STATED EARLIER. WE HAVE, UM HOLE 15. WHICH IS TO THE SOUTH. AND NINE TO THE, UM TO THE WEST AND NORTHWEST. OKAY THERE'S A NOTE THAT SAYS FOR DETAILED PLANS SEE SHEET THREE TO GET TO THEIR OKAY . I JUST WANTED TO ORIENT EVERYBODY TO WHERE WE ARE RELATIVE TO THE REST OF THE GOLF COURSE. AND THE RESIDENTIAL AREA SO YOU CAN SEE THAT ALONG, DUNCAN, WE HAVE THREE HOMES.

THAT HAVE FRONTAGE ONTO OR LEAD BACK UP TO THE GOLF COURSE. AND THEN WE ALSO HAVE ON SOUTHERN HILLS DRIVE. WE HAVE SOME LOTS THERE AS WELL. UM AND AS WAS STATED EARLIER, UM, THE CLOSEST DISTANCE, I BELIEVE IS A LITTLE OVER 300 FT FROM THE TENNIS COURTS TO THE PROPERTY LINE. SO NOW WHAT I'LL DO IS I'LL GO TO THE NEXT SHEET. WHICH IS THE THIRD SHEET IN THE SET. AND YOU'LL SEE HERE THAT WHAT WE HAVE IT IS. A BLOW UP OF THE TENNIS COURTS. THE COURTS TO THE LEFT OF WHAT'S SHOWN HERE. YOU CAN SEE IT'S THEY'RE LABELED AS COURTS FOUR AND FIVE. UM AND BASICALLY WE HAVE NINE WHITE LIGHT POSTS. UM ONE OF EACH OF THE CORNERS ONE MIDWAY ALONG EACH EDGE OF THE COURT AND THEN ONE IN THE MIDDLE. AS SHOWN ON THE PLAN. UM THE CORNER POSTS

[00:20:06]

HAVE A SINGLE FIXTURE ON THEM. THE ONES THE POSTS IN THE MIDDLE , HAVE TWO FIXTURES AND THEN THE ONE DEAD CENTER BETWEEN THE TWO TENNIS COURTS HAS NUMBER OF FIXTURES. YOU HAVE NINE POLLS AND WHAT'S THE TOTAL NUMBER OF FIXTURES? TOTAL NUMBER OF FIXTURES IS. 16. AND THESE LIGHTS ARE PROPOSED ON THE PLAN AS 2022 FT IN HEIGHT. UM AFTER SPEAKING WITH THE APPLICANT, THOSE POLLS CAN BE REDUCED TO 20 FT. UM WHICH WE REDUCED TO 20 FT TO COMPLY. CORRECT SO WE CAN REDUCE THOSE LIKE PAUL'S TO 20 FT TO COMPLY WITH THE ORDINANCE, SO WE DO NOT NEED A VARIANCE.

FROM THOSE THAT HEIGHT. UM THE LIGHTS ARE ARE DESIGNED. THESE ARE THESE LIGHT FIXTURES ARE SPECIFIC FOR COURT LIGHTING. THEY'RE DOWNLOADED. LIT THEIR L E D S. UM THERE'S SPILLAGE IS MINIMAL. AND IF YOU LOOK IF I GO BACK TO THE FIRST SHEET, YOU WOULD SEE THAT THE UM, THE SPILLAGE DOES NOT GO BEYOND THE PROPERTY LINES OF THE OF THE GOLF COURSE. AND WHAT I HAVE SHOWN NOW IS THE PHOTO METRIC AND BASICALLY THIS OUTLINE, THE OUTERMOST OUTLINE IS PRETTY MUCH WHERE THE LIGHT UM ZEROS OUT ITS MOST INTENSE. ON THE GOLF ON THE TENNIS COURTS. I BELIEVE THE AVERAGE ILLUMINATION IS 45 FT CANDLES. AND ONE OF THE THINGS WITH ANY TYPE OF ATHLETIC LIGHTING IS YOU HAVE TO GET UNIFORM LIGHTING UNLIKE A PARKING LOT WHERE YOU CAN HAVE A BREAK SPOTS DARK, YOU KNOW, SLIGHTLY DARKER SPOTS. AN ATHLETIC FACILITY NEEDS TO HAVE UNIFORM LIGHTING SO THAT THERE'S A MINIMUM SHADOWS. THE BALLS. THE BALL DOESN'T GET LOST IN THE SHADOW. UM IT'S A SAFETY CONCERN . YOU KNOW, THE TENNIS BALLS ARE COMING OFF OF RACKETS THAT ARE PRETTY GOOD, PRETTY GOOD PHILOSOPHY, SO YOU WANT TO BE ABLE TO SEE THE BALL, SO THAT'S WHY IT'S BRIGHTER ON THE FIELD, AND ACTUALLY, I TOOK A LOOK AT SOME SOME STANDARDS. UM WE HAVE IT ILLUMINATED FOR RECREATIONAL. COURT IF THIS WAS A TOURNAMENT OR OR ANY TYPE OF COMPETITIVE COURT, IT WOULD BE TWICE AS BRIGHT. OKAY BECAUSE THAT'S THE HIGHEST NUMBERS ON THE COURT IN THAT OUTER RING YOU SAY IS AT ZERO JUST BECAUSE I HAVE AN 8.5 BY 11 PLANS SO I CAN'T READ. LET ME ZOOM IN FOR YOU. OKAY? OOPS. OKAY SO THESE NUMBERS IN HERE REPRESENT THE FOOT CANDLES. OKAY UM, AND THEY MAY RANGE HAVE ARRANGED BUT THEIR AVERAGES 45 MAXES 0.84 84. MAX 84 AVERAGE IS WHAT THE AVERAGE I BELIEVE IS AND WE CAN COME OVER HERE. UM ARE AVERAGES 45. THAT'S WHAT THIS TABLE HERE IS THE CALCULATION SUMMARY. SO YOU SEE 45 AND 45 BLUE RING AT THE OUTER BLUE IS WHERE YOU GET TO ZERO OR 0.1 FOR CANDLES. SO ESSENTIALLY , NO, NO SPILLOVER. UM AND THEN, IF I COULD, I'LL GO BACK TO THE FIRST SHEET. JUST TO KIND OF PUT THINGS IN PERSPECTIVE. SO. WHERE THE GREEN ARROW IS, WHERE THE TWO TENNIS COURTS OR THEY'RE GOING TO BE ILLUMINATED. IF YOU WERE TO PICTURE THAT THAT CIRCLE. IT EXTENDS ABOUT 100 FT. OUT FROM THERE, AND AS I SAID BEFORE, UM, OUR CLOSEST PROPERTY IS OVER. 300 FT AWAY. NOW THE OTHER THING TO NOTE IS AND I'M GOING TO SWITCH. EXHIBITS BECAUSE WE HAVE A ARIEL. PHOTO EXHIBIT. UM AND THIS IS FOR THE RECORD. THIS IS TITLED AERIAL PHOTO. TAX PARCEL BASEMENT. AND THIS WAS PREPARED BY KYLE MCMANUS ASSOCIATES. IS THAT IN THE RECORD THAT SOMEBODY WITH THE DOCUMENTS I DIDN'T SEE IT. I DON'T BELIEVE SO. NO NO, NO, IT WAS NOT. IT WAS NOT PART OF THE SUBMISSION. IT'S PARTIES YOU WANT TO DO YOU HAVE A HARD COPY OF THIS FOR EXHIBIT ANYONE I DO. HOW MANY DO YOU HAVE MORE THAN ONE HARD COPY. JUST HAVE ONE. OKAY LET'S MARK THE HARD COPY. EXHIBIT A ONE AND THEN PLEASE WALK IT OVER TO SHERRY. YEP. ACTUALLY TOMORROW. CAN YOU EMAIL TO SHERRY AND COPY ME ON EXHIBIT A ONE? SHE HAD THAT. THAT'S WHAT THIS IS. SEND IT. OKAY OKAY. YOU JUST MARK THAT ONE EXHIBIT A ONE

[00:25:06]

WITH TODAY'S DATE AND GIVE ME THE DESCRIPTION. THE CAPTION OF THAT AGAIN. THIS EXHIBIT. I'M SORRY, RIGHT? WHAT'S IT SAY IN THE EXHIBIT? DOES IT SAY AERIAL PHOTO? WHAT DOES IT SAY? YES IT SAYS AERIAL PHOTO AND TAXPAYER SPACE MAP IN THE UPPER LEFT HAND CORNER, AERIAL PHOTO AND TAX PARCEL BASEMENT. GOT IT. I DO HAVE A SECOND COPY OF YOU NEED IT CAN I HAVE THAT? THANKS SHERRY. DO YOU HAVE AN 11 BY 17 OR 8.5 BY 11? UM OKAY. GREAT. OKAY REFERRING TO EXHIBIT A ONE AGAIN THE RED SQUARE. REPRESENTS THE AREA WHERE THE OF THE TENNIS COURTS WHERE THE LIGHTING WILL BE INSTALLED. AND AS CAN BE SEEN. THE LOTS ALONG DUNCAN. THERE'S A SIGNIFICANT UM VEGETATED BUFFER. IN THAT AREA BETWEEN THE GOLF COURSE AND THE HOMES ON THOSE LOTS. SIMILARLY UM ALONG SOUTHERN HILLS DRIVE FOR A LOT 17.01. THERE'S VEGETATION IMMEDIATELY ADJACENT TO THE TENNIS COURTS. THEN YOU HAVE WHOLE NUMBER 15, AND THEN YOU HAVE ADDITIONAL VEGETATION ON THE OTHER SIDE. ALSO NOTE THAT FOR A LOT, 17.01 THAT LOT. THE HOUSE ON THAT LOT SITS ABOUT 27 FT THAT THE GREAT OF THAT LOT SITS ABOUT 27 FT. HIGHER. THEN THE TENNIS COURTS, WHICH IS HIGHER THAN THE HEIGHT OF THE OF THE LIGHT POST, SO THE TOP OF THE LIGHT POSTS WILL ACTUALLY BE LOWER THAN THE GRADE AT THE HOUSE. SO ESSENTIALLY, IT'S IMPOSSIBLE FOR THOSE LIGHTS TO SHINE ON THAT PROPERTY. UM WHAT 53 ON BLOCKS 31 001. DAD ALSO HAS A HEALTHY VEGETATED STRIP SERVING AS A BUFFER. UM THAT HOME IS ABOUT AT THE SAME ELEVATION AS THE TENNIS COURTS TO GIVE YOU SOME PERSPECTIVE THERE. UM. THE OPERATION OF THE TENNIS COURTS WITH THE INTENDED OPERATION WILL BE FROM APRIL 15TH TO NOVEMBER 1ST . THAT'S WHEN THEY WOULD BE USING THE TENNIS COURTS AT NIGHT. SO THE TENNIS COURTS WOULD NOT BE USED BETWEEN NOVEMBER 1ST AND APRIL 15TH. WHICH IS WHEN THE LEAVES WOULD BE OFF THE TREES. AND YOU'D BE YOU HAVE A HIGHER CONCERN FOR AND VISUAL. WHAT TIME WILL THEY BE? SHUT OFF AT WILL BE SHUT OFF! I BELIEVE AT 10 O'CLOCK. 10 BY 10 O'CLOCK. SO I KNOW THAT THERE WAS SOME CONCERN ABOUT WHEN THE LEAVES FALL OFF. THE TREES AT THE TENNIS COURTS ARE USED AND THE LIGHTS ARE ON, UM BUT BASED ON THE SEASONAL NATURE OF THE TENNIS COURTS, UM, THAT SHOULD NOT BE THE CASE. APRIL 15TH AND NOVEMBER 1 IS WHEN THE TENNIS COURTS WILL BE USED OR WHEN THE LIGHTS ON THE TENNIS COURTS WILL BE USED. AS FAR AS I KNOW, THAT'S WHEN THE LIGHTS OF THE TENNIS COURT WOULD BE USED.

LIGHTS, LIGHTS, LIGHTS ONLY. UM. THERE WERE SOME COMMENTS, UM , IN YOUR SUPPORT, ENGINEERS LETTER THAT I'D LIKE TO ADDRESS AND GO THROUGH. AH SHOULD BE FAIRLY QUICKLY. UM WITH REGARDS TO I'M LOOKING AT THE THIRD PAGE . THAT'S THAT'S WHERE I BELIEVE MOST OF THE COMMENTS START. UM WITH WAIVERS. UM ITEM NUMBER THREE WITH REGARDS TO THE WAIVERS. I BELIEVE THE REQUIREMENT FOR THE 2464 TREES IS FOR THE ENTIRE GOLF COURSE. UM WE DON'T HAVE A TREE COUNT ON THE GOLF COURSE. BUT THERE ARE A NUMBER OF TREES, UM, AMONG THE GOLF IN THE GOLF COURSE. UM ARE LIMITED DISTURBANCES LESS THAN A HALF AN ACRE OR AROUND A HALF AN ACRE. WE'RE NOT NOT DISTURBING ANY TREES. IN THIS IN THIS PROCESS. UM SO ALL OF THE DISTURBANCES WITHIN THE EXISTING FOOTPRINT OF THE SO THE AREA OF DISTURBANCES. WHAT THE AREA OF DISTURBANCE IS THAT NUMBER. IT'S LESS THAN A HALF AN ACRE. AND I THINK I THINK THE CALCULATION I THINK THE PLANNER HAD A CALCULATION OF SIX TREES IN A JAMES AND MICHAEL'S MEMO, PAGE EIGHT ITEM 4.1. THEY SAY IF YOU

[00:30:08]

STRICTLY ENFORCE THE ORDINANCE OF 14 TREES PER ACRE. BECAUSE THE TRACK IS 175 AND CHANGE ACRES. YOU'D HAVE TO PLANT 2460 TREES. AND WHAT THEY SAY IS. THEIR SUGGESTION IN THEIR SECOND PARAGRAPH UNDER 4.1 IS IF THE BOARD GRANT AN EXCEPTION FOR TREE PLANTINGS TO REFLECT THE AREA OF DISTURBANCE, WHICH THEY CALCULATED AT 0.42 ACRES, 18,000 SQUARE FEET AND SIX TREES WOULD BE REQUIRED. SO IF THEY GRANT THE EXCEPTION WHERE WOULD YOU PUT THE SIX TREES? I WILL, IF WE CAN JUST TABLE THAT, UM, BECAUSE WE BELIEVE THAT THERE'S SOME NEIGHBORS THAT, UM, MAY ASK FOR SOME ADDITIONAL VEGETATIVE BUFFERING THINK THAT'S AN APPROPRIATE PLACE TO PLACE THE REPLACE THE TREES. BUT THE INTENT IS YOU'RE NOT SEEKING AN EXCEPTION TO NOT COMPLY. YOU'RE SEEKING AN EXCEPTION AS I UNDERSTAND IT TO NOT DO THE CALCULATION ON 175 ACRES TO DO THE CALCULATION ON 0.42 ACRES CORRECT THE BOARD HAS DONE IN OTHER APPLICATIONS BEFORE IT.

CORRECT CORRECT, CORRECT. WE HAVE NO PROBLEM REPLACING THAT NUMBER. UM THEN ITEM NUMBER FOUR. UM. WE JUST HAD PREVIOUSLY DISCUSSED OUR OF OPERATIONS FOR THE FOR THE LIGHTING. UM AND ALSO THE TIMING OF THE LIGHT FIXTURES. UM WITH REGARDS TO THE CONNECTIONS FOR EXISTING ELECTRIC THAT WILL BE DONE IN ACCORDANCE WITH, UH, LOOK WITH THE CONSTRUCTION CODE. AND ANY TRENCHING AND SO FORTH WILL BE RESTORED. ALL FEATURES WILL BE RESTORED TO THEIR EXISTING CONDITION. UM ONCE THE ELECTORATE IS INSTALLED, WE'RE NOT. WE'RE NOT QUITE SURE HOW THAT IS BEING CONNECTED AT THIS TIME. UM WITH REGARDS TO LANDSCAPING, AS AS NOTED, NO TREES ARE BEING REMOVED, AND THERE WILL BE SOME FURTHER DISCUSSION WITH REGARDS TO THE ADDITIONAL TREES. UM ITEM NUMBER EIGHT IS A TYPOGRAPHICAL ERROR ON THE PLANS. THEY ARE INDEED, COURTS FOUR AND FIVE, THE LIGHTING CONSULTANT UM, JUST NUMBER THEM AS ONE AND TWO BECAUSE THEY WERE ONLY LOOKING AT TWO TENNIS COURTS. UM THE SCALE ALSO WILL BE CONVERTED TO ENGLISH UNITS. AND ITEM 10 IS ESSENTIALLY A COMMENT THAT WE AGREE WITH AS FAR AS THE LOCATION OF ENVIRONMENTALLY CONSTRAINED AREAS. EXACTLY QUESTION. GOOD NUMBER. I JUST WAS JUST CURIOUS. THERE'S FIVE TENNIS COURTS. THIS WAS FOUR AND FIVE. IS THERE ARE THERE LIGHTING IS THE LIGHTING ON 1 TO 2 AND THREE? SO ARE THE NEIGHBORS USED TO HAVING THAT LETTING THERE THERE IS NOT SO THIS IS A NEW ADDITION THAT CORRECT CONCERN FOR THE NEIGHBORS. ONE OF THE THINGS JUST TO NOTE UM JUST FOR INFORMATIONAL PURPOSES IS I'M GOING TO ZOOM IN ON THE PARKING LOT HERE. THERE ARE. THERE ARE PARKING LIGHTS IN THE PARKING LOT, AND THOSE ARE IN EXCESS OF 20 FT AND 20 FT IN HEIGHT. OKAY JUST ABOUT THE SAME DISTANCE FROM THE CLOSEST PROPERTY. THANK YOU. SO I'M SORRY. THE CLUB ITSELF. THE PARKING LOT IS ALREADY LIT, CORRECT. AND I SEE THE POOL AREA IS RIGHT THERE, TOO. IS THE POOL ALSO SPLIT? NO, NO. UM AND AR ARE THOSE LIGHTS TIMED AS WELL? ARE THEY TURNED OFF AT A CERTAIN TIME OR THEY CAN YOU JUST COME ON UP TO SIT NEXT TO YOUR PLANNER BETH MCMANUS. AND, UH, THERE. THERE'S . YOU'RE NOT SWORN YET. HE'S AS THE ENGINEER HE'S ALLOWED TO YOU CAN WHISPER IN HIS EAR. YOU'RE SWORN I UNDERSTAND, BUT JUST WHISPER IN HIS EAR. HE'S ALLOWED TO RELY ON HEARSAY INFORMATION AND GIVE HIS TESTIMONY. TELL HIM WHAT THE DEAL IS, AND HE'LL TELL THE BOARD. I CAN ALSO WAIT AND ASK, OKAY? ASK HIM ALSO, BUT THIS IS MORE EFFICIENT THIS WAY. NOW ANSWER THE QUESTION. THERE IS NO LIGHTING BY THE BY THE POOL OR IN THE CLUBHOUSE AREA. OKAY AND THOSE ARE ON THE OTHER SIDE, AND THOSE ARE EVEN FURTHER AWAY FROM THEM. THE PROPERTY. YOU MENTIONED THAT LIGHTING WAS TALLER THAN 20. FT. YES THE LIGHTING IN THE PARKING LOT IN THE PARKING LOT IS TALLER THAN

[00:35:05]

20 FT. I ESTIMATED ABOUT 24. TO COMPLY WITH THE ORDINANCE FOR INTO REMOVE THE NEED FOR THE VARIANTS FOR 20 FT. DOES THAT REQUIRE THE ORIENTATION OF THE LIGHTS TO BE MORE? UPWARD SO AS NO NO, THE LIGHTS WILL STILL BE DOWNWARDLY LET BASICALLY IT'S THE FIXTURE IS LEVEL WITH THE PLAYING FIELD, SO IT'S SHINING DOWN. LIKE TO ALLOW THE MEMBERS OF THE PUBLIC TO ASK ANY QUESTIONS TO THIS WITNESS AS WELL. IF THEY'RE MEMBERS OF THE PUBLIC WHO HAVE QUESTIONS FOR THIS WITNESS CAN COME RIGHT UP TO THE MICROPHONE. AND THEN YOU'RE GONNA IDENTIFY YOURSELF AND GIVE YOUR ADDRESS AND THEN YOU FIRE OVER YOUR QUESTIONS. YEAH. MY NAME IS AUGUSTINE FUENTES. I LIVE AT 1 88 ROLLING HILL ROAD, WHICH IS JUST OUT OF SIGHT ON YOUR FIRST G U S. T I N. AND THEN FUENTES F U E N. T. V S YOU GUYS. CHERYL, YOU GOT THAT, OKAY? WE LIVE? YEAH, JUST SLIGHTLY. YOU CAN'T REALLY SEE IT ON THE THING. IT'S SLIGHTLY BELOW. THEY'RE MY ONLY QUESTION IS AND IT JUST WASN'T CLEAR FROM THE PUBLIC ANNOUNCEMENT THERE. I MEAN A LOT 31004 THERE, I THINK UM MY ONLY QUESTION IS THAT THE VARIANTS IN THE 14 TREES PER ACRE OR WHATEVER THAT MEASURE WAS, LOOKS LIKE IT WAS BEING ASKED FOR 38, WHICH IS WHERE THE TENNIS LOTS ARE. AND 39, WHICH IS THE LOT OF BUDDING OUR HOME. AND MY QUESTION WAS. WHY WAS THAT? ALSO ASKED FOR 39. IS THERE A PLAN TO DO ANYTHING ALTERATION WITH THE FOLIAGE IN THAT LOT? BECAUSE IT WASN'T CLEAR FROM THE PETITION. DO YOU UNDERSTAND HIS QUESTION? UM I DON'T I I'M NOT. SO IF YOU TAKE YOU KNOW, I HAVE A WAY TO START. WHAT LOTS. WHAT LOT OR LOTS OR SUBJECT TO THIS APPLICATION. SO WE'VE WE'VE INCLUDED JUST AS A MEASURE OF CAUTION LOTS, 38 AND 39 39 AS A WHOLE THAT'S SEPARATED BY DUNCAN LANE. BUT THE REASON YOU INCLUDED LAST 39 WAS RATHER THAN UNDER NOTICE. YOU INCLUDED IT SO THAT YOU WOULD OVER NOTICE ON THE THEORY THAT THAT'S PART OF THE CLUB. AND SO THAT WOULD MAKE YOUR NOTICE RADIUS. UM WIDER AND MORE, BUT YOU'RE NOT PROPOSING ANYTHING ON LOT. 39 IS THAT CORRECT? CORRECT MR JOE. THERE'S NO IMPROVEMENTS PROPOSED ON LOT, 39. THE ONLY CLARIFICATION I WANTED WAS THAT THANK YOU VERY MUCH. ANY OTHER QUESTIONS. MHM.

NOPE. NEXT WEEK, OKAY? NEXT WITNESS OUR NEXT WITNESSES, ELIZABETH MCMANUS FROM KYLE MCMANUS FIRM. SHE'S OUR PROFESSIONAL PLANNER. GOOD EVENING, EVERYBODY. COULD YOU KINDLY PROVIDED THE BOARD YOUR PROFESSIONAL EXPERIENCE IN YOUR LICENSES? SURE I'D BE HAPPY TO SO FIRST I'M A LICENSE FIRST. I'M A LICENSE PLANNER. I HOLD MY N J P P. MY IN NEW JERSEY PROFESSIONAL PLANNING LICENSE. I'M ALSO A MEMBER OF THE AMERICAN INSTITUTE OF CERTIFIED PLANNERS. BOTH LICENSES ARE IN GOOD STANDING. AND DO YOU REPRESENT MUNICIPALITIES AS WELL AS, UH, DEVELOPING APPLICANTS OR I DO I REPRESENT SEVERAL MUNICIPALITIES. SOME OF THEM INCLUDE, UM FLEMINGTON, ASBURY PARK, LAWRENCE TOWNSHIP IN MERCER COUNTY. ALSO, UM, AH RIDGEWOOD VILLAGE UP IN BERGEN COUNTY, FRANKLIN LAKES AND A HANDFUL OF OTHER COMMUNITIES WOULD ASK THE SPORT QUOTE. BE QUALIFYING THIS, MCMANUS SAYS IN THE FIELD OF PROFESSIONAL PLANNING AND PROVIDER TESTIMONY RELATED TO THE PROOFS NECESSARY FOR THIS APPLICATION. THERE'S THE PUBLIC HAVE ANY CONCERNS OR QUESTIONS FOR QUALIFICATIONS, CATIONS AND THE BOARD THE BOARD HAVE ANY QUESTIONS? NO, NO, THANK YOU. YOU WILL ACCEPT YOU. THANK YOU. THANK YOU VERY MUCH.

SO, FOLKS, I'M HERE BECAUSE WE NEED A USE VARIANCE, SO I'M HERE TO ADDRESS THE ONE USED VARIANTS THAT WE NEED FOR THIS, BUT I'VE GOT TO JUST START OFF BY ACKNOWLEDGING THE FACT THAT I THINK THAT THIS IS PERHAPS ONE OF THE MOST UNIQUE D ONE VARIANCES I'VE EVER TESTIFIED FOR BECAUSE IT'S YOU KNOW, WE'RE NOT PROPOSING A NEW USE. WE'RE JUST TALKING ABOUT A HANDFUL, NINE LIGHT FIXTURES FOR AN EXISTING TENNIS COURT. SO IT'S I VIEW THIS AS A PRETTY MINOR, ALMOST PERHAPS THE MOST MINOR OF D ONE APPLICATIONS BUT NOTWITHSTANDING, WE ARE NOT PERMITTED USE IN THE DISTRICT. SO HERE I AM TO TALK ABOUT THIS . LIKE FOR ANY WINDY ONE FOR ANY

[00:40:06]

D ONE. USE VARIANCE APPLICATION I'VE GOT TO ADDRESS IN THE BOARD NEEDS TO CONSIDER FIRST. WHETHER OR NOT OUR PROPOSED USE IS PARTICULARLY SUITED FOR THE PROPERTY FOR WHICH IS PROPOSED.

AND THEN I'LL TALK ABOUT SOME OF THE PURPOSES, THE MUNICIPAL LAND USE LAW THAT I THINK ARE SUPPORTED BY OUR APPLICATION. SO FIRST I DO THINK THAT OUR OUR SITE. OUR PARTICULAR SITE IS WELL SUITED. AND I SAY THAT BECAUSE QUITE HONESTLY, THE COUNTRY CLUB HAS BEEN IN PLACE FOR ABOUT 60 YEARS. WE GOT APPROVAL. THE ONE VARIANTS APPROVAL IN 1963. I THINK IT WAS BUILT AROUND 1965. AND THEN THE TENNIS COURTS. UH I ACTUALLY FORGOT TO ASK THIS QUESTION. BUT I CAN TELL YOU I SAW THEM ON A HISTORIC ARIEL IN 1969. AND SO THEY WERE BUILT. MAYBE NOT IMMEDIATELY BUT WITHIN THE FIRST COUPLE OF YEARS OF THE TENNIS COURTS, TENNIS COURTS OR FIRST COUPLE OF YEARS OF THE PROJECT, THE TENNIS COURTS HAVE BEEN THERE FOR MORE THAN 50 YEARS, IF NOT CLOSER TO 60 YEARS. UM BUT IN ADDITION TO THAT THIS SITE AS A WHOLE, THE COUNTRY CLUB IS ABLE TO TAKE ADVANTAGE OF THE THIS BEAUTIFUL PART OF MONTGOMERY. THIS IS A LOW DENSITY AREA IN THE VIEWS FOR THOSE OF YOU THAT MAY HAVE BEEN TO THE SITE ARE ABLE TO REALLY TAKE ADVANTAGE OF THE SAUERLAND MOUNTAINS. AND SO THIS SITE'S LOCATION IS REALLY COMPATIBLE WITH THE LOW DENSITY NATURE, THE SINGLE FAMILY HOMES IN THE SURROUNDING AREA, AS WELL AS THE BEAUTY IN THE SURROUNDING AREA. UM BUT IN ADDITION TO THAT, I THINK THAT OUR SITE IS WELL SUITED, PARTICULARLY SUITED FOR THE RECREATION FACILITIES, INCLUDING THE LIT RECREATIONAL FACILITIES THAT WE'RE PROPOSING TONIGHT. JUST THE 22 TENNIS COURTS WITH THE NINE LIGHTS. UM AND WE HAVE AN EXISTING USE THAT HAS FOR DECADES NOW BEEN OFFERING RECREATION OPPORTUNITIES FOR, UH, FOR SELECTED NOT SELECTED. BUT FOR SOME MEMBERS OF THE TOWNSHIP THAT WAS THAT PARTICIPATE, AS WELL AS MEMBERS OF THE SURROUNDING AREA. AND I THINK THIS HISTORY AND ITS LOCATION AND THE COMMUNITY MAKES IT PARTICULARLY SUITED FOR THE USE, INCLUDING THE EXPANSION OF RECREATION THAT WE'RE PROPOSING HERE. IN ADDITION TO THAT, I THINK THERE ARE THREE PURPOSES THE MUNICIPAL LAND. YOU THOUGHT THAT WE SATISFY PURPOSE A, WHICH IS TO ENCOURAGE MUNICIPAL ACTION TO GUIDE THE APPROPRIATE USE OR DEVELOPMENT OF ALL LANDS IN THE STATE IN A MANNER THAT PROMOTES THE PUBLIC HEALTH SAFETY AND GENERAL WELFARE. I THINK WE ALSO MEET PURPOSE G, WHICH IS TO PROVIDE SUFFICIENT SPACE IN APPROPRIATE LOCATIONS FOR A VARIETY OF USES AGRICULTURAL RESIDENTIAL RECREATIONAL UM, AS WELL AS OPEN SPACE, BOTH PUBLIC AND PRIVATE, ACCORDING TO ENVIRONMENTAL REQUIREMENTS, AND THEN I THINK WE ALSO MEET PURPOSE M, WHICH IS TO ENCOURAGE THE COORDINATION OF VARIOUS PUBLIC AND PRIVATE PROCEDURES AND ACTIVITY SHAPING LAND DEVELOPMENT, WITH A VIEW OF LESSENING SUCH DEVELOPMENT AND TO THE MORE EFFICIENT USE OF LAND, AND I CITED THESE THREE PURPOSES, IN PART BECAUSE OF HOW THE BENEFIT THAT THIS COUNTRY CLUB CAN PROVIDE TO RESIDENTS OF THE TOWNSHIP NOTWITHSTANDING THE FACT ACT THAT IT'S A PRIVATE FACILITY. SO WE HAVE 421 FAMILIES OR MEMBER ORGAN MEMBERS IN THE IN THE CLUB OF THOSE 421 FAMILIES. 100 ABOUT 125 OF THEM ARE MONTGOMERY TOWNSHIP RESIDENTS AND SO ABOUT 30% OF THE CLUB MEMBERS ARE RESIDENTS OF THIS COMMUNITY AND ARE USING THE RECREATION FACILITIES. AT THIS SITE. UM. AND AS PART OF THAT THE BENEFIT THAT THIS CLUB CAN PROVIDE IS THAT IT PROVIDES AN ALTERNATIVE SOURCE OF RECREATION FOR MEMBERS OF THE COMMUNITY. AND WHAT THAT DOES IS IT LESSENS THE BURDEN THE NEED FOR THE TOWNSHIP TO PROVIDE OTHER OR ADDITIONAL RECREATIONAL FACILITIES AND THAT I THINK THAT INCLUDES NOT ONLY JUST THE COUNTRY CLUB AS A WHOLE, BUT SPECIFICALLY THE TENNIS OPPORTUNITIES THAT WERE SEEKING TO EXPAND HERE, ALBEIT BY JUST A FEW HOURS. DURING THE WARMER MONTHS OF THE YEAR. AND SO I SEE THE GENERAL WELFARE AS BEING, UH, BEING PROMOTED AND THE COORDINATION OF PUBLIC AND PRIVATE PROCEDURES AS BEING PROMOTED BY THE PROVISIONS OF THIS RECREATION FACILITY, UH, IN A LOTION STATION THAT'S PARTICULARLY SUITED AND, UH, WITH THE RESULT BEING REDUCTION OF MUNICIPAL, UH DEMAND ON RECREATION SERVICES. AND SO FOR THOSE REASONS, I THINK THAT OUR OUR TENNIS COURT LIGHTING IS ACTUALLY ABLE TO MEET THREE PURPOSES OF THE MUNICIPAL LAND USE LAW. UM AND BEFORE I ADDRESS THE NEGATIVE CRITERIA, PUBLIC PUBLIC GOOD AND THE MASTER PLAN . I JUST WANT TO ADDRESS SOME OF THE EXCEPTIONS THAT WE HAVE THIS EVENING. NOW I THINK THAT WE HAVE SATISFIED OUR OUR LIGHTING EXCEPTIONS THAT HAD BEEN IDENTIFIED BY THE REDUCTION IN

[00:45:03]

THE LIGHT POLE HEIGHT DOWN TO 20 FT TO A CONFORMING TO CONFORMING HEIGHT. UH AND. UM AND I THINK I'M ABOUT TO BOARD THAT WE ARE ALSO GOING TO PROVIDE THE LOUVERS THAT HAD BEEN RECOMMENDED IN THE PLANNERS REPORT IN ORDER TO BELIEVE ELIMINATE VARIANTS OR RELIEF FOR THE LIGHT GLARE REQUIREMENT AS WELL. WHITE SPILLAGES. THAT'S RIGHT. WHAT WE'RE PROVIDING THOSE EITHER WAY. WE DON'T NEED RELIEF. I THINK WE HAVE ELIMINATED THE RELIEF FOR THE LIGHTING. UM WE DO, HOWEVER, NEED RELIEF FOR THE TREES. WE JUST TALKED ABOUT THAT FOR A MOMENT. WE'RE SEEKING RELIEF SPECIFICALLY FROM THE REQUIREMENT TO CALCULATE THE NUMBER OF TREES AND THEREFORE THE POTENTIAL DEVIATION ON ALL 175 PROPERTIES WERE REALLY JUST LOOKING AT THE 0.42 PROPERTIES. I THINK IT'S CLEARLY IMPRACTICAL FOR US TO DO SO ON THIS VERY LARGE PROPERTY, AND THEN THE LAST ITEM THAT WE'RE SEEKING RELIEF FOR, AND THIS WAS ALSO IDENTIFIED IN THE PLANET'S REPORT. UH IS THE SIDEWALKS IN THE AREA SO WE DON'T HAVE SIDEWALKS ALONG OUR PORTION OF THE RIGHT OF WAY. BUT I THINK IT'S IMPORTANT TO NOTE THAT THIS IS NOT AN AREA OF THE MUNICIPALITY THAT, UH, THAT HAS A PEDESTRIAN DESTINATION. THE VAST MAJORITY GORRITI OF OUR MEMBERS ARE DRIVING TO THE SITES AS OPPOSED TO WALKING TO THE PROPERTY. IN ADDITION, IT IS VERY LOW LOW TRAFFIC STREETS, ENHANCING SAFETY FOR THOSE PEDESTRIANS THAT MAYBE IN THE AREA. AND THEN LASTLY, I WANT TO NOTE THAT THERE'S THERE ARE NO SIGNIFICANT CHANGES, EITHER AS PART OF OUR PROPERTY OR IN THE SURROUNDING AREA OVER THE LAST SEVERAL YEARS, I THINK SINCE OUR LAST LAST TIME WE APPEARED BEFORE THIS BOARD. UM THAT WOULD INDICATE ENHANCED NEED FOR SIDEWALKS. SO I THINK YOU KNOW, I'M VERY COMFORTABLE WITH, UH, WITHOUT THE PROVISION OF SIDEWALK OF CIVILITIES, KNOWING THAT WE DON'T HAVE A PEDESTRIAN DEMAND IN THIS AREA, AND THIS IS NOT A USE THAT INVITING PEDESTRIANS TO COME TO THE SITE.

THE FOLKS ARE GOING TO COME. ALSO. WOULD YOU AGREE? HYPOTHETICALLY, IF IT WASN'T LIKE YOU WERE ADDING, BUT IT WAS SIX MORE COURTS AND THE SIX MORE COURTS WERE LOCATED CLOSER TO SOMEWHERE. YOU COULD WALK. THAT MIGHT BE A DIFFERENT SITUATION HERE. YOU'RE ADDING LIGHTS TO EXISTING COURTS. DO YOU DO PEOPLE GENERALLY. I MEAN, I'M ASKING YOU AS A PLANNER, BUT HAVE IN YOUR EXPERIENCE TO PEOPLE USE SIDEWALKS. AND OF LOCATION THAT'S NOT REALLY NEAR PEDESTRIAN DESTINATION, ESPECIALLY AT NIGHT. NO NO PUTTING THE LIGHTS ON THE COURTS. ARE GOING TO ALLOW THESE COURTS TO BE USED NOT JUST DURING THE DAY BUT NIGHT. THAT'S THE CHANGE. CORRECT THAT'S CORRECT, BUT IT'S BUT IT'S THAT IS CORRECT. AND AS PART OF THAT WE'RE REALLY NOT HAVING ANY SIGNIFICANT INCREASE IN ACTIVITY ON THE PROPERTY AS WELL. WE HAVE ALREADY TESTIFIED. THIS IS NOT GOING TO BE USED TO HOST EVENTS OR FESTIVALS. YOU KNOW, WITH OUR TWO LIT TENNIS COURTS, THIS IS REALLY JUST EXPANDING THE HOURS FOR OUR EXISTING MEMBERS. IF THE CLUB PUT SIDEWALKS IN WHERE WOULD THEY EXPECT? HOW WOULD THEY EXPECT PEOPLE USING THE QUARTZ AT NIGHT TO ARRIVE BECAUSE THE SIDEWALKS THAT YOU PUT IN OR VIA AN AUTOMOBILE WITH HEADLIGHTS, CERTAINLY ON A MOBILE WITH HEADLIGHTS. OKAY, SO LET'S TALK A LITTLE BIT ABOUT THE NEGATIVE CRITERIA THEN SO THERE ARE A HANDFUL OF PARTS THAT WE NEED TO ADDRESS. THE FIRST ONE IS THAT THERE'S NO SUBSTANTIAL DETRIMENT TO THE PUBLIC. GOOD AND I THINK THAT'S CERTAINLY TRUE. THIS IS REALLY A DAY MINIMUS CHANGE FOR THE SITE. WE HAVE 100 AND 75 ACRES WE'RE TALKING ABOUT ADDING NINE LIGHT POLES FOR TWO EXISTING TENNIS COURTS, UM, WITH THE RESULT BEING THAT EXISTING MEMBERS NOT THAT THE SIX EXPANDING THE MEMBERSHIP, BUT EXISTING MEMBERS CAN SIMPLY PLAY TENNIS FOR A FEW EXTRA HOURS DURING THE WARMER MONTHS OF THE YEAR. IT'S VERY MINOR. UM I ALSO WANT TO KNOW THAT THIS IS NOT A PROPOSAL TO INTRODUCE LIGHTING TO AN OTHERWISE DARK AREA. WE'VE ALREADY TESTIFIED. WE'VE GOT LIGHTING IN THE PARKING LOT THAT'S DIRECTLY ADJACENT TO THE TENNIS COURTS. THE FRONT OF THE BUILDING IS CERTAINLY AS WELL AND SO LIGHTING IN THIS AREA IS NOT UNUSUAL. IT'S JUST SIMPLY BEING EXPANDED. I ALSO THINK THAT THERE'S NO DETRIMENT TO THE PUBLIC. GOOD BY VIRTUE OF HOW BY VIRTUE OF THE DISTANCE OF THE TENNIS COURTS TO THE SURROUNDING HOMES. UH WE KNOW THAT THERE ARE MORE THAN 330 FT FROM THE NEAREST HOME 332 FT. 2 749 FT TO THE SURROUNDING HOME, SO A REALLY SIGNIFICANT DISTANCE AND

[00:50:01]

I THINK THAT DISTANCE BECOMES EVEN MORE PROMINENT AS WE THINK ABOUT THE APPROXIMATE 100 FT DISTANCE FROM THE TENNIS COURTS THAT THERE'S ZERO LIGHT THAT WE'RE AT 0 FT CANDLES. AND SO I DON'T SEE ANY ANY DETRIMENT, MUCH LESS ANY SUBSTANTIAL DETRIMENT AS A RESULT OF THE ADDITIONAL LIGHTING AND I SHOULD ALSO REMIND FOLKS WERE DOING DOWNWARD, FACING LIGHTING AS WELL SO AS TO PREVENT GLARE ON THE SURROUNDING AREAS. IN TERMS OF THE ZONE PLAN AND WHETHER THERE'S ANY SUBSTANTIAL DETRIMENT. I THINK I THINK THERE IS NOT. AND I SAY THAT AFTER TAKING A LOOK AT YOUR 2017 REEXAMINATION REPORT, AND I ALSO REVIEWED THE 2001 RE EXAMINATION REPORT THAT INCLUDES AN OPEN SPACE GOAL. SO YOU'RE 2001 RE EXAMINATION REPORT ON PAGE 44.

IT ADDRESSES, RECREATION PLAN AND CONSERVATION PLAN ELEMENTS AND INCLUDES GOAL NUMBER TWO THAT STATES PROVIDE A SOURCE OF PASSIVE RECREATION FACILITIES. SLOW SLOW. SORRY. PROVIDE SOURCES OF PASSIVE RECREATIONAL OPPORTUNITIES FOR THE ENJOYMENT OF PRESENT AND FUTURE TOWNSHIP RESIDENTS. SO ADMITTEDLY, THIS IS AN ACTIVE RECREATION, BUT I THINK THE CONCEPT OF PROVIDING RECREATION TO ENHANCE QUALITY OF LIFE AND OPPORTUNITIES FOR RESIDENTS CAN APPLY TO ACTIVE RECREATION AS WELL. AND AGAIN. WE'RE TALKING ABOUT 30% OF THE CLUB RESIDENTS, CLUB MEMBERS BEING RESIDENTS. AND THEN WE ALSO HAVE THE 2017 REEXAMINATION REPORT GOAL ONE ON PAGE SIX. IT STATES. THE DEVELOPMENT PLAN OF MONTGOMERY TOWNSHIP SHOULD MAINTAIN THE CONTINUITY OF THE TOWNSHIPS PLANNING PROCESS WE BUILD UPON AND REFINED THE PAST PLANNING DECISIONS OF THE MUNICIPALITY CONSISTENT WITH PRESENT LOCAL. AND REGIONAL NEEDS, DESIRES AND OBLIGATIONS.

DO THAT ONE AGAIN FOR ME, PLEASE . YES, UH, DEVELOPMENT PLAN OF MONTGOMERY TOWNSHIP. SHOULD MAINTAIN THE CONTINUITY OF THE TOWNSHIPS PLANNING PROCESS. AND BUILD UPON AND REFINE. THE PAST PLANNING DECISIONS. OF THE MUNICIPALITY. CONSISTENT WITH PRESENT. LOCAL AND REGIONAL NEEDS, DESIRES AND OBLIGATIONS. AND SO WITH THE SITE THAT'S GUY HISTORY OF APPROVALS GOING BACK, 60 YEARS. I THINK THAT WE'RE CLEARLY THIS MINIMUS EXPANSION IS CLEARLY IN LINE WITH THAT GOAL. IN TERMS OF THE LIGHTING. SPECIFICALLY I ALSO LOOKED THROUGH YOUR MASTER PLANS FOR POLICY LANGUAGE ON THAT, AND THERE'S REALLY NOTHING SPECIFIC ADDRESSING LIGHTING, BUT THE PURPOSE OF LIGHTING STANDARDS IS TO ONE ENSURE ADEQUATE SAFETY AND WE'VE HEARD FROM OUR ENGINEER. WE'VE LET THE COURTS TO MAKE SURE THAT NOBODY'S GOING TO GET HIT WITH A BALL UNEXPECTEDLY. WE'VE GOT THE LIGHTING NECESSARY FOR RECREATIONAL COURT AND NUMBER TWO TO ENSURE WE DON'T HAVE A DETRIMENTAL IMPACT ON THE SURROUNDING AREA OF PEOPLE OR THE ENVIRONMENT. I THINK WE'VE EASILY ACHIEVED THAT WITH THE LIGHTING THAT ENDS OR WE'RE AT 0 FT. CANDLES WITHIN 100 FT. OF THE COURTS, ESPECIALLY COMPARED TO THE SIGNIFICANT DISTANCE TO THE SURROUNDING LOTS. AND THEN THE LAST PART OF THE TESTIMONY FOR NEGATIVE CRITERIA. IS THE MEDICI TEST OR THE RECONCILIATION OF THE VARIANCES AND IT WHICH IS REALLY ASKS. WHY IS IT THAT THE USE IS NOT INCLUDED IN, UH, IN THE IN THE ZONING ORDINANCE OR OTHERWISE RECOMMENDED IN THE MASTER PLAN? COUNTRY CLUBS ARE VERY COMMONLY LOCATED IN RESIDENTIAL DISTRICTS , AND I'M NOT SURPRISED TO SEE THAT A COMMUNITY HAS HAS NOT ALTERED THE ZONING ORDINANCE TO INCORPORATE THAT COUNTRY CLUB WITHIN WITHIN THE UNDERLYING RESIDENTIAL ZONING, OR PERHAPS TO CREATE A NEW ZONE DISTRICT. THEY'RE VERY COMPATIBLE WITH SINGLE FAMILY ZONES. AND ALONG THOSE LINES. WE CERTAINLY DON'T HAVE REGULATIONS TO, UH TO DIRECT THE DEVELOPMENT OF COUNTRY CLUBS SUCH AS LIGHTING AND SELF. I'M ALSO I THINK, OBVIOUSLY NOT SURPRISED TO SEE THAT LIGHTING STANDARDS FOR THIS TYPE OF A USE HAVE NOT BEEN INCORPORATED INTO THE ZONING ORDINANCE. JUST CURIOUS. SOME MUNICIPALITIES FOR EXAMPLE, RARITAN TOWNSHIP IN HUNTERDON COUNTY. FOR THEIR COUNTRY CLUBS. THEY'VE CHANGE THE ORDINANCES AND THEY'VE ZONED FOR THEM. IN YOUR EXPERIENCE REPRESENTING MUNICIPALITIES. WITH COUNTRY CLUBS IN THEM. WHAT. WHAT'S THE GENERAL WAY THEY'RE HANDLED, IS IT? I SEE IT AS A MIX. I KNOW THAT RARITAN HAS DONE THAT. UM BUT I KNOW PLACES LIKE I BELIEVE HILLSBORO HAVE CHOSEN NOT TO DO SO. I THINK HOPEFUL TOWNSHIP AS WELL. ALSO HAS THAT EXPERIENCE. I DO YOU KNOW WHAT REASON WOULD I'M JUST CURIOUS. THIS IS WHAT REASON WOULD YOU NOT? I WANT TO DO IT. WHY WOULD YOU WANT TO KEEP COUNTRY CLUB ZONED RESIDENTIAL. I THINK IT'S UM IT PROVIDES ADDITIONAL CONTROL FOR THE ZONING BOARD. QUITE HONESTLY , IT IT MEANS THAT THEY ARE ABLE TO, UH, TO HAVE GREATER LEVEL OF SCRUTINY ON APPLICATIONS SUCH AS

[00:55:04]

EVEN ITEMS AS SIMPLE AS LIGHTING APPLICATIONS. AND SO WITH THAT, FOLKS, THAT IS MY TESTIMONY. BUT OF COURSE, I'M HAPPY TO ANSWER ANY QUESTIONS. GREAT TO HAVE HIM . THANK YOU SO MUCH. ARE THERE ANY MEMBERS OF THE PUBLIC THEY WOULD LIKE TO ASK THIS WITNESS QUESTIONS. IT IS THE BOARD. HOW MANY QUESTIONS FOR THE PLANNER? I DO, ACTUALLY, UM I, MISS MCMANUS, UM YOU. YOU MENTIONED THAT THE LOCATION OF THE COUNTRY CLUB IS SUCH THAT IT'S COMPATIBLE WITH THE SURROUNDING AREA. AND THE SAUERLAND, ETCETERA, UM IT'S ALSO A VERY CRITICAL THE AREAS THAT CRITICAL STOP OVER FOR BIRDS MIGRATING ALONG THE EASTERN COAST OF THE COUNTRY. UM THIS LIGHTING WOULD BE, UH, DURING CRITICAL TIMES OF BIRD MIGRATION IN THE SPRING AND FALL. UM AND I'M WONDERING IF THERE'S ANY, UM IF THERE'S ANY CONSIDERATION OF THAT, UM, WITH WITH THIS PLAN, UM AND AS A PLANNER, WHAT? WHAT YOUR WHAT WOULD YOU HOW WOULD YOU COMFORT MY FEELINGS ABOUT THIS? I THINK THAT'S A GREAT QUESTION BECAUSE MIGRATION, THE SCIENTIFIC RESEARCH ON IMPACTS OF LIGHTING HAVE REALLY BEEN ENHANCED OVER THE YEARS AND WE'RE STARTING TO SEE WHAT SOME OF THE ENVIRONMENTAL AND HUMAN HEALTH IMPACTS ARE. AND THOSE FACTORS HAVE BEEN TAKEN INTO CONSIDERATION AS PART OF OUR APPLICATION. WE'VE DONE THAT BY MINIMIZING THE LIGHTING TO THE EXTENT POSSIBLE, SO WE'RE KEEPING TO JUST THE TWO THE TWO COURTS CLOSEST TO THE EXISTING LIGHT OR EXISTING DEVELOPMENT ON THE LAW. BUT IN ADDITION TO THAT WE ALSO HAVE, UH, FULLY DOWNWARD FACING LIGHTS. AND THEN IN ADDITION TO THAT WE'VE ALSO PROPOSED OR HAVE AGREED TO PROVIDE THE HOUSE SIDE OR OFTEN CALLED HOUSE SIDE SHIELDS, BUT THE SHIELDS ARE LITTLE LOUVERS TO ENSURE THAT THERE'S NO CLAIRE AND SO I CAN'T TELL YOU THAT THERE THAT THERE WILL BE ABSOLUTELY ZERO IMPACT ON ON THE ENVIRONMENT JUST BY VIRTUE OF INTRODUCING A MANMADE ITEM, BUT I CAN TELL YOU THAT WE'VE DONE EVERYTHING WE CAN TO MINIMIZE THAT IMPACT AND TO BE DARK SKY COMPLIANCE. UM MY OTHER QUESTION IS WHY, AFTER 60 YEARS OF UNLIT TENNIS COURTS AS THIS IS THIS CONSIDERED UNNECESSARY OR A DESIRABLE, UH, MOVE. YOU KNOW IT TO SPEAK TO THE DESIRES OF MEMBERS. SPECIFICALLY I WOULD HAVE TO DEFER TO MY CLIENT. BUT I THINK YOU KNOW ONE OF THE THINGS THAT WE HOLD THAT QUESTION. WE DID SWEAR HIM IN TO ANSWER QUESTIONS. SO MAYBE AFTER WE'RE DONE WITH THIS, MCMANUS, WE JUST BRING HIM UP TO ANSWER QUESTIONS. GREAT THANK YOU. I WILL SAY, I THINK IN GENERAL, WE SEE WE SEE DEMAND FOR LONGER HOURS FOR FOLKS IN A VARIETY OF INDUSTRIES, NOT JUST NOT JUST TENNIS COURTS OR COUNTRY CLUBS IN GENERAL. AS FOLKS ARE FOLKS LIVES ARE CHANGING THEIR WORKING DIFFERENT HOURS LONGER HOURS AND SO IT DOESN'T STRIKE ME AS AS UNUSUAL THAT PEOPLE THAT MEMBERS OF THE CLUB MIGHT WANT TO BE ABLE TO PLAY AT PERHAPS 8 39 O'CLOCK AT NIGHT. I THINK THAT 60 YEARS AGO WE DIDN'T SEE 24 HOUR GYMS AS JUST AS A SIMILAR EXAMPLE. AND NOW THEY'RE PRETTY COMMON BECAUSE FOLKS ARE BOOKS ARE WORKING TILL EIGHT O'CLOCK AT NIGHT REGULARLY. UNFORTUNATELY UM, AND SO IT'S REALLY INCUMBENT UPON FACILITIES TO TRY TO RIGHT SIZE OR JUST THEIR HOURS FOR THEIR CUSTOMERS. NOT THAT FAMILIAR WITH TENNIS, BUT WILL THERE BE ANY MACHINES BEING USED, LIKE IN TEACHING OR ANYTHING THAT WOULD BE CREATING ADDITIONAL NOISE BEYOND JUST THE NORMAL TENNIS MATCH? NO. IN OUR ENVIRONMENT ENVIRONMENTAL COMMISSION REPORT THERE WAS A RECOMMENDATION TO YOU UTILIZE THE COLOR TEMPERATURE OF LESS THAN 3000 KELVIN. WILL THAT BE AGREED UPON. WE CAN AGREE TO THE 3000 CALVIN GREAT. THANK YOU AND I DID ACTUALLY WATCH THE VIDEO THEY INCLUDED IN THEIR ENVIRONMENTAL REPORT. JUST FOR THE RECORD. THANK YOU. OKAY THANK YOU SO MUCH. THANK YOU. ASK THE WORD. I IT APPEARS THAT YOU'RE NOT PREPARED TO PRESENT ANYTHING. BUT WE JUST WANTED TO PRESS THE OPPORTUNITY FOR THE BOARD TO ASK YOU QUESTIONS AND THE PUBLIC AS WELL. UM SO ARE THERE ANY MEMBERS OF THE PUBLIC THAT WISHES TO ASK QUESTION? OR YOU CAN. YOU'RE FREE TO SAY ANYTHING THAT YOU'D LIKE TO.

YEAH THE ONE QUESTION THAT YOU HAD KIND OF MICROPHONE. I'M SORRY INTO THE MICROPHONE.

[01:00:02]

SORRY. YEAH I AGREE WITH BETHEL IN THE HOURS AND THE CHANGES IN SCHEDULES AND I THINK WE REALLY DID WANT TO DO THIS A WHILE AGO. BUT IT JUST BECAME DOABLE NOW AND WE'VE SEEN A GREATER DEMAND WITH FAMILIES. AND WHAT HAVE YOU SORRY? WHO WANTED TO DO AT THE CLUB WANTED THE CLUB DID YEAH, WITH THE LIGHTS. THE LIGHTS? YEAH AND I THINK WE'VE WE'VE WE'VE BEEN WE'VE HAD MORE OF A DEMAND FOR THE HOURS AND PEOPLE COMING FROM WHEREVER THEY ARE FROM NEW YORK OR WHEREVER FOR BUSINESS AND JUST TO PLAY. SO WHATEVER I AGREE, 100% WITH WHAT BETH SAID WITH THE HOURS OKAY, YOU'VE HAD SPECIFIC REQUESTS FROM RESIDENTS. I'M SORRY FROM MEMBERS FOR EXTENDED HOURS. HAVE YOU LIKE PULLED YOUR MEMBERSHIP OR AND IT WAS LIKE AN OVERWHELMING RESPONSE. WE NEED THIS. YES AND IT TOOK A WHILE. YES, YES. UM I UNDERSTAND THAT NOT BEING A PLAYER MYSELF, EITHER OF TENNIS OR THE DREADED PICKLEBALL, BUT I UNDERSTAND THAT PICKLEBALL IS QUITE LOUD.

YES IS THAT WHAT THESE COURTS ARE EXPECTED TO BE USEFUL? NO PICKLE BALL, OKAY? NO, THANK YOU. UM I HAVE. I HAVE MORE QUESTIONS. UM SO ONE OF THE RECOMMENDATIONS OF THE OF THE I THINK IT WAS THE OPEN SPACE. UM, DIRECTOR WAS THAT THE LIGHTS WERE NOT. WE'RE ONLY GOING TO BE ON WHEN THEY WERE IN USE IS THAT IS THAT GOING TO BE PART OF THIS IS ARE THEY GOING TO BE ON FROM SEVEN UNTIL 10 O'CLOCK EVERY NIGHT FROM APRIL TO NOVEMBER? EVEN IF THEY'RE NOT KNOW THERE WILL BE ON. WHEN SOMEONE IS ON THE COURT. 45 AND THEY'RE BEING AND THEY NEED THE LIGHTS ON, BUT THERE WILL MEET THEY IF NOBODY'S ON THE COURT. IT'S READING. NOPE OFF. THEY WILL BE OFF, OKAY. AND THEY'LL BE A TIMER TO YEAH. OKAY. GOOD POINT. UM GREAT. I HAVE A COUPLE MORE. HAVE THERE ANY BEEN ANY COMPLAINTS? UM, FROM FROM THE RESIDENTS IN THE AREA ABOUT THE CLUBHOUSE LADING OR THE PARKING OR THE NOISE THAT COMES FROM THE CLUBHOUSE AT ALL. THAT'S THAT'S UM NOT THAT I KNOW OF, YOU KNOW, I MEAN, NO, NOT THAT I KNOW OF. OR FROM THE COURTS, EVEN DURING THE DAYTIME FIREWORKS EVENT ON 15 JUNE 16TH . MY FRIEND ROY HAS ME ALL SET UP WITH THAT. BUT OTHER THAN THAT, THAT'S PROBABLY THE LOUDEST THING WE'VE DONE OVER THERE. YEAH.

I THINK THAT'S ALL I HAVE. THANK YOU. YOU'RE WELCOME. GREAT. I THINK WE ALREADY OKAY. SO THE ONLY LAST ISSUE IS THIS WHERE THOSE SIX TREES GOING. YOU WANT TO TAKE A FIVE MINUTE RECESS AND CONFER WITH THE BOARD PROFESSIONALS AND DECIDE WHERE YOU'RE PUTTING THE SIX TREES SO WE DON'T HAVE TO LEAVE ANYTHING UP IN THE AIR. TAKE A FIVE MINUTE ABSOLUTELY WELL, LET'S TAKE A UM THANK YOU SO MUCH FOR THE RECESS. IT APPEARS THAT THERE'S UM UM UM. OKAY SO, UM, CALLING BACK TO ORDER UH, IT WAS THEIR CONSENSUS AND A CONCLUSION REACHED ON THE ON THE NUMBER OF TREES IN THE LOCATION, SO WE'RE GONNA AGREE TO VOLUNTARILY DOUBLE THE AMOUNT OF TREES 12 SO WE CAN GIVE SIX AND SIX DISTRICT SIX WHERE WE DIDN'T ACTUALLY WORK WITH PLANTS SO WE CAN WE CAN ESTIMATE BUT WE CAN ALSO MAKE IT SUBJECT TO LANDSCAPE PROFESSIONALS, OR WE CAN PUT IT ON THIS PLAN JUST ROUGHLY REALLY? CAN I ASK YOU GUYS TO DO THIS? TAKE THE EXHIBIT BACK.

FROM CHERYL EXHIBIT A ONE AND MARK THE SIX TREES MARKED THE 12 TREES ON THAT EXHIBIT WHERE THEY'RE GOING TO WHERE THEY'RE GOING TO GO, THEN I CAN REFER TO IT IN THE RESOLUTION WOULD BE EASIER THAT WAY AND A BOARD MEMBER AND THE BREAK CAUGHT SOMETHING. AND SHE HAS A QUESTION. ONE MORE QUESTION FOR MR MR CAMPBELL. I THINK I THINK . IT MIGHT ACTUALLY EVEN BE FOR THE ATTORNEY ARISING OUT OF THE OPEN SPACE MEMO DATED APRIL 21 2023 ITEMS SAID IN A THE FACT THAT THERE'S A HABITAT THERE FOR FEDERALLY THREATENED BATS. THERE'S A. THE COUNTRY CLUB AREA OR IS A HABITAT FOR FEDERALLY THREATENED NORTHERN MY OTIS BATS AND WANT TO KNOW IF YOU INSTALL

[01:05:04]

A BAT BOX. INSTALL A BAD BOX THERE LIKE $30? YEAH PROBLEM. GREAT. YES, FOR SURE, YES.

I JUST WANT TO SEE THE QUALITY OF THE MARKINGS ON THERE. HMM. IS IT TRUE SO. MICROPHONE IT WOULD BE THESE SIX TO THE LEFT. I X THESE TWO OUT WITH A PEN BECAUSE I WAS INCORRECT. WE WANT TO CLOSER TO THE HOUSE THERE. SO 123456, OKAY? AND THEN 123456 LOWER. YOU CAN READ THIS. MM STEP, OKAY. ALREADY. AND JUST RECORD, THE APPLICANT AGREES TO THOSE 12 TREE LOCATIONS MARKED AS EXHIBIT A ONE CORRECT, THAT'S CORRECT, MR DRILL. GREAT ARE THERE ANY FURTHER QUESTIONS FOR THIS WITNESS? MHM. VERY GREAT. UM THEN WE WILL OPEN THIS. UM UH , THIS APPLICATION TO THE ANY PUBLIC COMMENTS IF THERE ARE ANY, UM IT'S NOT FOR THE WITNESS , WHICH FOR IN GENERAL, ARE THERE ANY PUBLIC COMMENTS? NOPE GREAT EMOTION TO CLOSE THE PUBLIC ON IT. SO WON'T SECOND IN FAVOR. UM ANY DISCUSSION FROM THE BOARD. YEAH I WOULD VERY MUCH APPRECIATE THE WORKING WITH THE NEIGHBORS AND, UM, ACCEPTING THE ADDITIONAL TREES AND THOUGHTFUL TESTIMONY THAT YOU GUYS PUT TOGETHER SO I VERY MUCH APPRECIATE. THE CONDUCT HERE. THANK YOU SO MUCH. UM AND IT IS UP TO YOU. WE ONLY HAVE 55 MEMBERS HERE. I BELIEVE THIS SENTIMENT IS POSITIVE, BUT THIS QUESTION DOES ANYONE WANT TO DELIBERATE? AGAINST GRANTING THE APPLICATION. NO, NO. WE'RE COMFORTABLE PROCEEDING, COMFORTABLE PROCEEDING. ALRIGHT THEN, UH, MR DRILL. CAN YOU READ THE CONDITIONS OF A OF APPROVAL ? ASSUME SINCE YOU WERE ASKING FOR CONDITIONS THAT YOU'RE THINKING OF A MOTION TO APPROVE THE ONE USE VARIANTS AND THE TWO EXCEPTIONS, SUBJECT TO CONDITIONS. THE CONDITIONS ARE. FIRST GOING TO READ THE CONDITIONS THAT HAVE MARKED UP ON THE PROFESSIONAL AND, UM COMMISSION REPORTS. SO FROM YOU. OPEN SPACE REPORT DATED APRIL 21. APPLICANTS GONNA ADD SHIELD TO THE LIGHTS TO ONLY DIRECT LIGHTING ONTO THE COURT'S ANOTHER CONDITION. LIGHTING IS GOING TO UTILIZE THE COLOR TEMPERATURE OF 3000. KELVIN'S.

NEXT CONDITION. THE LIGHTS WILL ONLY BE AN OPERATION WHEN THE COURTS ARE USED NOT AUTOMATICALLY TURNED ON. EVERY NIGHT. AND IN CONNECTION WITH THAT. THE LIGHTS ARE ONLY GOING TO BE USED FROM APRIL 15 TO NOVEMBER 1. AND THEY'RE GOING TO BE SHUT OFF BY 10. PM. THEY'RE GOING TO INSTALL A BAT BOX THAT TAKES CARE OF THE OPEN SPACE. APRIL 21 MEMO. FROM THE BOARD ENGINEERING EXPERTS MAY 18TH MEMO. HIS COMMENT. NUMBER FOUR AND FIVE ARE NOW THOSE LIGHTING CONDITIONS. I JUST REFERENCED HIS COMMENTS, SIX IS. THERE'S GOING TO BE A CONDITION TO REVISE THE PLANS. THE CONNECTION POINT IS NOT DEPICTED. AND NO TRENCHING IS SHOWN. YOU'RE GONNA HAVE TO ADD THAT TO THE PLAN. YEAH. BECAUSE THEY'RE NOT CERTAIN EXACTLY. APOLLO AND.

[01:10:09]

YEAH, PROVIDING THAT STRUCTURE. WHEN DO YOU PLAN ON DOING THE CONSTRUCTION? CUTE I MEAN, WITH SOON AS SOON AS POSSIBLE, POSSIBLE THEY'RE GOING TO HAVE TO LET'S PUT IT ON THE PLAN.

ITEM NUMBER EIGHT. THEY'RE GOING TO CORRECT THE PLAN BECAUSE THE PLAN INDICATES COURTS FOUR AND FIVE, AND WE ALL KNOW IT'S COURTS ONE AND TWO. CORRELATING IDENTIFIES INSTALLATION OF LIKE TO COURT FOUR AND FIVE. THE CURVE SHOW ONE AND TWO HOURS SUPPOSED TO BE FOUR AND FIVE.

GLAD YOU TOLD ME THAT. WOULD HAVE THAT CONDITION BACKWARDS. NUMBER NINE. CORRECT THE SCALE ON THE TENNIS COURTS. THE PLANS IN METRICS COURT LADIES IN ENGLISH. UNITS HAVE TO BE CONSISTENT. DO YOU PREFER METRIC OR ENGLISH? OKAY? YOU GOT A BIG CHOICE TO MAKE THEIR NUMBER 10.

IS NOT A CONDITION. THAT'S JUST THE COMMENT. THEN WE HAVE THE PLANNING REPORT. FROM MR CLAVELL AND MR SULLIVAN DATED MAY 22. THERE'S NOT A WHOLE LOT OF CONDITIONS IN HERE. UM OKAY, AGAIN. THEY HAVE THE 3000 KELVIN. THEY'RE GOING TO DECREASE THE POLE HIDE. FOR THESE LIGHTS. 20 FT. SO THAT COMPLIES WITH THE 20 FT. MAX. ORDINANCE REGULATION. SO, JAMES , ARE WE GOING WITH THE SHIELD THAT WE'RE GOING WITH THE LOUVER? OPTION. COMPETITION TO THAT. SO IT'S A LOUVER SHIELD. OKAY SO THAT'S HIS 3.4. THAT'S GOING TO BECOME A CONDITION.

HERE'S NUMBER 3.7. WE ALREADY DISCUSSED HOURS OF OPERATION FOR LIGHTS. EVEN THOUGH SIX TREES ARE REQUIRED BECAUSE THE BOARD'S GONNA GRANT THAT EXCEPTION THEY'RE GOING TO PROVIDE 12 TREES. IN LOCATIONS. SHOWN ON EXHIBIT A. ONE LET ME SEE IF THERE'S ANY ADDITIONAL CONDITIONS I PICKED UP IN MY NOTES. THAT'S AN EXCEPTION SIDEWALKS. NO CONDITION FOR THAT. OKAY THEN THE BOARD'S, UH , STANDARD CONDITIONS OUT OF ITS RULES. THAT'S IT GREAT. VERY, UM . CAN I, UM, HAVE A MOTION TO PROVE THAT THE ONE USE VARIANTS SUBJECTION EXCEPTIONS TO EXCEPTIONS. UM DESIGN EXCEPTIONS FOR, UH, SUBJECT TO THE CONDITIONS THAT WERE JUST PREVIOUSLY WENT MOVED. THANKS MR RAMON MARK ROSENTHAL. THANK YOU. WHERE THEY ROLL CALL, PLEASE.

SHERRY YES, WALMART WOULD BRONZE. YES, ELIJAH. THANK YOU. THANK YOU VERY MUCH FOR YOUR TIME. OKAY UH, NEXT ORDER IS, UH , THE TENTATIVE JUNE 22 TO 2023 AGENDA. THIS WAS THE APPLICATION THAT WAS DEFERRED FROM ON TUESDAY. 2. JUNE 22ND IS THE MELBOURNE SCHOOL PROPERTIES LP SITE PLAN. HEIGHT VARIANTS, BULK VARIANCES FOR THE SCHOOL AND THE MEDICAL BUILDING. THE FUTURE MEETINGS ARE AS SUCH JUNE 22ND 2023 AT 7 P.M. AND THEN JUNE 20/7 2023, IF NEEDED, WILL BE NEEDED ONLY IF MELVERN GETS CARRIED. WE CAN EITHER DO IT TO THE JUNE. WELL, THERE MIGHT BE A CONFLICT WITH THIS ROOM, SO I DON'T KNOW IT'S INTERESTING THAT YOU SAID THE MALVERN IT SINCE I'M GOING TO CHAIR THE MEETING ON THE 22ND, BUT I'M NOT GOING TO BE HERE ON THE 20/7. IS THAT IS THAT A PROBLEM? I DON'T WAS THERE A PROCEDURAL PROBLEM WITH THAT? I DON'T THINK SO. YOU'LL BE HERE FROM BOTH GREAT. BUT LIKE I SAID, THERE MIGHT BE A CONFLICT WITH THIS ROOM SO WE MIGHT NOT EVEN BE ABLE TO GET IT DONE. UM, YEAH, WORKING ON THAT THE MOTION TO ADJOURN GOOD MORNING, AND MR WALMART SECOND AND THE TIME IS 8 25.

* This transcript was compiled from uncorrected Closed Captioning.