Jun 22, 2023 Zoning Board

[00:00:02]

UH LET'S UH, LET'S GET THIS MEETING STARTED. APOLOGIES FOR THE DELAY. THIS IS THE MONTGOMERY TOWNSHIP ZONING BOARD MEETING. MONTGOMERY TOWNSHIP, SOMERSET, NEW JERSEY IS NOT REGULAR MEETING HELD ON JUNE 20/7 2ND 2023. THE TIME IS NOW 709. THAT'S THE LATEST WE'VE STARTED. SO I APOLOGIZE FOR THAT . UM IT IS THE ZONING BOARD'S INTENTION TO CONCLUDE THIS MEETING NO LATER THAN 10 P.M. UNDER THE PROVISIONS OF THE OPEN PUBLIC MEETING ACT NOTICE IN TIME AND PLACE OF THIS MEETING HAS BEEN POSTED AND SENT TO THE OFFICIALLY DESIGNATED NEWSPAPERS . DON, CAN YOU CALL THE ROLL, PLEASE? BLODGET HERE. UNABLE TO MAKE IT A HOBBY, UNABLE TO MAKE IT LISOVSKY. HERE. SAYING. UNABLE TO MAKE IT WALMART. WOULD UNABLE TO MAKE IT BRONZE HERE.

DEEDEE HOPEFULLY ON HIS WAY. NOT HERE YET. MATTER, UNABLE TO MAKE IT. JOHN DRILL HERE. COVELLI.

HERE. DARCY. FISHING, ER THANK YOU. RIGHT JOHN, CAN YOU LISTEN, THIS LEGEND FLAG? ALLEGIANCE TO UNITED STATES OF AMERICA. THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD. HMM ALRIGHT, BUT BEFORE WE START WITH PUBLIC COMMENTS, I JUST WANTED TO EXPLAIN WHY WE'RE A LITTLE BIT LATE. WE DO HAVE A QUORUM FOR THE FOR THIS BOARD MEETING TO START THE MEETING. HOWEVER WE DO NOT HAVE A QUORUM TO START THE APPLICATION. THE APPLICATION REQUIRES FIVE VOTES INSIDE. I DON'T FEEL COMFORTABLE STARTING THE APPLICATION WITHOUT VIA BOATS HERE. UM I KNOW YOUR ATTENTION PROBABLY WILL BE ACTUALLY TO DEFER THE IS IT MY UNDERSTANDING THAT YOUR ATTENTION IS ACTUALLY TO DIFFER. APPRECIATE IT. IN OTHER WORDS, THE CHAIRMAN WANTS TO KNOW BECAUSE THERE'S THERE WILL BE FIVE MEMBERS AND ABOUT 10 MINUTES. AND SO HE WANTS TO KNOW. WE ASSUME YOU WANT TO COMMENCE THE APPLICATION AND THEN AT THE END OF THE APPLICATION TONIGHT. IF IT FINISHES TONIGHT, MAKE A DETERMINATION ON WHETHER YOU WANT A DELIBERATION AND VOTE TONIGHT OR WHETHER YOU WANT TO CARRY IT TO SEE IF ADDITIONAL MEMBERS CAN REVIEW A TRANSCRIPT OR LISTEN TO A RECORDING AND SIGN A CERTIFICATION. IS THAT CORRECT? THAT'S CORRECT. THAT IS YOUR INTENTION. YOU IDENTIFY YOURSELF FOR THE RECORD. FRANK PETRINO. UM. THE ATTORNEY FOR THE APPLICANT WITH ECKERT, SEAMANS. THANKS, MR PETRINO. UM AND WE BECAUSE WE'RE WILL DELAY WILL TRY TO BE A LITTLE BIT MORE EFFICIENT AND REARRANGE THE AGENDA HERE. SO THE SECTION THREE WILL MOVE. UH AND WE WILL , UH, REVIEW THE MINUTES FROM THE MAY 23RD 2023 REGULAR MEETING. UH EVERYONE WAS SENT THOSE MINUTES. CAN I HAVE A MOTION TO PROVE THE MINUTES FROM MAY 23RD 2023. THAT'S WHAT I'M DOING. I MOVE TO APPROVE THE MINUTES FROM THE MAY 23RD MEETING. SECOND. YEAH CAN WE HAVE SO MISSED BOSANSKI MOTION AND MISS BRUNS SECONDED? COULD I HAVE A ROLL CALL? PLEASE ASK E. YES. WATCH IT. YES. FRANCE S THANK YOU. AND THEN WE WERE ALSO SENT MINUTES FROM THE MAY 20/5 2023 REGULAR MEETING. CAN I HAVE A MOTION TO PROOF. MOVED TO APPROVE THEN YOU MR WALMART. UH SECOND. THANKS, MR MR BROWN'S, UH, CAN YOU CALL THE ROLL, PLEASE? YES. WHILE MARK YES. BRANDS. YES, THANK YOU. AH THE FUTURE MEETINGS THAT WE HAVE LISTED ON THE SCHEDULE. UH ONE WILL BE CANCELED THE JUNE 20/7 2023 MEETING WILL BE CANCELED. SO THE ANY, UM CARRY FOR THIS APPLICATION WILL BE, UH, FOR THE JULY 20/5 MEETING. IS THAT RIGHT? I'M SHERRY. ALRIGHT. FOLLOWING MEETING WOULD BE JULY 20/5 AT SEVEN PM AND JULY, 20/7 AT AT 7 P.M. ALSO, UM. THAT'S ALL THE SUPPLEMENTARY BUSINESS.

[III.PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA]

[00:05:02]

THANK YOU. GOOD EVENING. MY NAME IS ANDREW DAVIS LIVE AT 16. PORTLAND DRIVING SKILLMAN. SO A COUPLE OF QUESTIONS I HAVE AS YOU RECALL SOME OF YOU FROM LATE 2021. THERE WAS A APPLICATION FOR THE PROPOSED DUNKIN DONUTS AT THE CORNER OF 5, 18 AND 206. IN MY VIEW AND MANY OTHERS. THE BOARD RIGHTFULLY DENIED THAT BY A VOTE OF 70 0 OR SOMETHING LIKE THAT. AND THEN I UNDERSTAND LITIGATION WAS FILED. SO I WAS WONDERING IF YOU COULD UPDATE ME AND OTHERS ON THE STATUS OF THAT. I'LL JUST SAY THAT THAT WOULD WE DON'T GENERALLY COMMENT ON OPEN ACTIVE LITIGATION. SO THERE IS LITIGATION FOR THE BOARD. HOWEVER I WILL. I WILL ASK THE ATTORNEY TO SPEAK TO THE STATUS OF THAT LITIGATION. WHAT I CAN SPEAK TO THINGS THAT ARE NOT SUBJECT TO ATTORNEY CLIENT PRIVILEGE MASKING. YEAH, JUST A PUBLIC STATUS OF IT, STATUSES. SO DUNCAN DONUTS FILED AN APPEAL A PREROGATIVE WRITS SUIT, WHICH IS AN APPEAL FROM THE BOARDS DENIAL. I FILED AN ANSWER ON BEHALF OF THE BOARD CASE WAS FULLY BRIEFED MONTHS AGO. WHAT HAPPENED WAS ALL CIVIL TRIALS IN 13 WAS SHUT DOWN BECAUSE OF THE JUDGE SHORTAGE. SO I CALLED THE ASSIGNMENT JUDGE SHORTLY AFTER THAT HAPPENED TO SEE IF THAT WOULD ALSO IMPACT PREROGATIVE WRITTEN TRIALS AND THEY SAID YES. SO RIGHT NOW WE'RE AT A STANDSTILL AND UNTIL MORE JUDGES POINT. THE SIGNAGE 13 IS SOMERSET COUNTY, 100 COUNTY AND WARREN COUNTY. UNTIL MORE JUDGES ARE APPOINTED. THE LITIGATION SITS UNDECIDED, FULLY BRIEFED. OKAY THANK YOU. ALSO READ IN THE PAPERS. THAT THERE IS SOME ACTIVITY ON THAT SITE AND NEXT TO IT, WHERE THE AUTO PARTS STORE HAS BEEN RAISED. DON'T KNOW ANYTHING ABOUT THAT, AND THAT TIGER'S TAIL IS IN DISCUSSIONS WITH SOME PEOPLE TO COMBINE THOSE THREE AREAS. IS THERE ANY INFORMATION YOU HAVE ON THAT? YOU KNOW, NOTHING IS THE PURVIEW OF THE BOARD UNLESS IT IT APPEARS BEFORE THE BOARD. I MEAN, I CAN SPEAK AS A CITIZEN. YES THE OLD AUTO PARTS STORE IS, UH HAS BEEN TORN DOWN . I HAVE ALSO READ IN THE PAPER TO CONFIRM WITH WHAT YOU SAID THAT THE USE THE INTENTION TO TAKE DOWN THE OLD GAS STATION. I DON'T I DON'T THINK IT'S APPROPRIATE TO DISCUSS, ARTICULATED SPECULATE ON THE ON THE TIGER'S TAIL. YEAH. OKAY, UM . AND I KNOW THIS IS IN THE PURVIEW OF PERHAPS THE TOWNSHIP COUNCIL OF THE PLANNING BOARD, BUT I KNOW THAT'S A REDEVELOPMENT. ZONE AREA THAT WAS APPROVED. SO QUESTION I HAVE ON THAT. IS THERE ANY ARE THERE ANY DISCUSSIONS ANY PUBLIC MEETINGS THAT ARE GOING TO BE HELD ARE ANTICIPATED TO BE HELD, IF YOU KNOW THAT WOULD DISCUSS WHAT MAY HAPPEN THERE. I DON'T KNOW. I THINK IT'S A MORE APPROPRIATE QUESTION AS THE PLANNING BOARD OR THE TOWNSHIP COUNCIL, OKAY, TOWNSHIP COUNCIL PROBABLY BE THE BETTER THE BETTER PLACE TO ASK THAT QUESTION. ALRIGHT ONE OR TWO OTHER QUICK THINGS IF I COULD SO , GENERALLY SPEAKING, THIS IS NOT ON THE APPLICATION TONIGHT, BUT I'D LIKE TO MAKE SOME GENERAL COMMENTS AND COMMENTS THAT COULD APPLY TO THE APPLICATION. MR DAVIS IS A IS ALWAYS HELD HIMSELF WILL HAVE TO ASK YOU TO JUDGE BUT GENERALLY SPEAKING, AH. I KNOW THERE'S COMMON PLANS TO DEVELOP RING ROADS IN THE AREA OF 5, 18 AND 206. MY VIEW AND OTHERS IS THAT RING ROADS REALLY SHOULD BE FOR THROUGH TRAFFIC ONLY AND SHOULDN'T ATTRACT ADDITIONAL COMMERCIAL DEVELOPMENT AND THE TRAFFIC AND SAFETY ISSUES THAT GO ALONG WITH THAT I VIEW ROUTE TO 206 AS LIKE. IT'S AN ARTERY, AND YOU KNOW YOU DON'T WANT AN ANEURYSM JUST EXPLODED. YEAH I'M SORRY. I DON'T MEAN TO IT. ACTUALLY, THAT I THE PROXIMITY OF THIS APPLICATION. LET'S UH IS IN VICINITY OF SOME OF THOSE RING ROADS. I WOULD APPRECIATE MAYBE THIS COMMENT IS NOT APPROPRIATE FOR THIS TIME. THE OTHER THING IS YEAH. BOARD OF ADJUSTMENT HAS NO JURISDICTION OVER ANY OF THAT. THAT'S SOMETHING FOR THE PLANNING BOARD OR AGAIN. THE TOWNSHIP COMMITTEE. RIGHT? YEAH. OKAY. I JUST GENERALLY SPEAKING WITH ASK ALSO THAT THE WHOLE AREA IN THE AREA OF REDEVELOPMENT WHATEVER'S HAPPENING OR PLANNED TO HAPPEN TO REDEVELOPMENT AREA SHOULD BE

[00:10:02]

DIRECTS A AREA IN NEED OF REDEVELOPMENT STUDY THE PLANNING BOARD UNDER THE REDEVELOPMENT LAW IS CHARGED WITH HOLDING THAT HEARING AND MAKING A RECOMMENDATION. SO THE COMMENTS THAT YOU MADE ABOUT THAT SHOULD BE DIRECTED TO THE COUNTY OF COMMITTEE OR THE PLANNING BOARD WAS THE BOARD OF ADJUSTMENT DOESN'T HAVE JURISDICTION NOW, IF THERE'S A SPECIFIC APPLICATION THAT COMES IN FRONT OF THE BOARD OF ADJUSTMENT, AND YOU THINK THAT REDEVELOPMENT OR ROADS OR ANYTHING LIKE THAT, OR RELEVANT TO IT. THAT'S WHEN YOU MAKE THE COMMENTS. IN THE HERE AT THE END OF THE HEARING, WHEN MEMBERS OF THE PUBLIC CAN SPEAK NOT BEFORE, BUT WE WOULDN'T WANT ANYONE. ARGUING THAT THE BOARD OF ADJUSTMENT CAME IN WITH A PRECONCEIVED NOTION, BECAUSE IF SOMETHING THAT THE PUBLIC SAID, IF YOU KNOW WHAT I MEAN, YEAH, AND I WASN'T DRUNK. THAT WASN'T JUST INTENDED TO BE DIRECTED AT YOU. I WASN'T DIRECTED AT YOU. I WAS LOOKING AT EVERYBODY. THE IT IS THE BOARD'S OBJECTIVE TO TRY TO INCREASE THE AWARENESS OF WHAT THE BOARD DOES RIGHT WITHIN THE TOWN. AND SO THANK YOU FOR RAISING THESE AND ALLOWING US TO TAKE GIVE THAT EXPLANATION. SO UM, I THINK WE UM HMM. SURE IT WAS A PANDORA'S BOX. WE'VE NEVER HAD ANY PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA. SO THIS IS A BIG PART OF THIS PART OF HISTORY. YES, THAT'S RIGHT. YEAH I WONDER IF YOU CAN, UH SANDS NINE BRISTOL COURT SKILLMAN. NOT JEFF SANDS. NINE, BRISTOL COURT SKILLMAN. THANK YOU, MR SANSON. I WONDER IF YOU MAYBE, UH, SHARE SOME INFORMATION YOU MIGHT HAVE ABOUT THE MONTGOMERY PROMENADE AND WHERE WE ARE WITH THAT TOE PROJECT. YEAH, I KNOW I SO AGAIN , THE BOARD DOESN'T HAVE ANY ANY KNOWLEDGE OF AS AN ENTITY. WE DON'T HAVE ANY KNOWLEDGE OF THOSE PLANS. WE ARE ALL CITIZENS WERE ENGAGED SO WE COULD GIVE OUR OWN PERSONAL OPINIONS. BUT THAT'S NOT THE PURPOSE OF THIS FORUM. THE APPROPRIATE PLACE TO ASK THAT QUESTION WOULD BE THE TOWNSHIP COMMITTEE OR THE PLANNING BOARD. UM, SO THERE IS NO APPLICATION IN FRONT OF THE ZONING BOARD THAT INVOLVES THE MONTGOMERY PROMINENT I'M AND I'M SORRY FOR DIFFERENT. SO WHAT YOU'RE SAYING IS THAT THE AND ALSO THIS PUBLIC SESSION IS SUPPOSED TO BE PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA. IT'S NOT A QUESTION AND ANSWER UNLESS YOU WANT TO KEEP ON DOING IT. BE MY GUEST. I OKAY, I'LL MAKE A QUICK AND LET ME KNOW IF I CROSSED THE LINE HERE, BUT I'LL MAKE A QUICK COMMENT. UM I WOULD ASK THAT ANY ANY VARIANCES THAT ARE. GRANTED TO ANY APPLICANT THAT THE SAFETY AND THE WELL BEING OF THE COMMUNITIES THAT ARE IMMEDIATELY IMPACTED BY THOSE VARIANCES AND CHANGES. THE VARIANCES ARE PARAMOUNT AND YOUR CONSIDERATION. THE BOARD IS CHARGED UNDER THE M L U L THERE'S A POSITIVE AND A NEGATIVE CRITERIA OF EVERY SINGLE TYPE OF VARIANTS AND BY LAW, EVEN IF THEY FIND THE POSITIVE CRITERION HAS BEEN APPROVED BY AN APPLICANT. THEY HAVE TO FIND THAT THE NEGATIVE CRITERION IS SATISFIED AND THE NEGATIVE CRITERION IS THAT ANY VARIANTS CAN BE GRANTED WITHOUT SUBSTANTIAL DETRIMENT TO THE PUBLIC GOOD AND WITHOUT A SUBSTANTIAL IMPAIRMENT OF THE INTENT AND PURPOSE OF THE MASTER PLAN AND THE ZONING ORDINANCE, EVERY SINGLE VARIANCE THAT I'VE BEEN INVOLVED WITH YOU AGAIN.

ALWAYS DONE THAT. OKAY, YOU KNOW I'LL SPEAK FOR MYSELF, PARTICULARLY SENSITIVE TO IT BECAUSE THAT WHOLE 5 18 206 C NOW YOU'RE GETTING OKAY TO THE AREA. I'M NOT. I'M NOT. I'M NOT MAKING ANY COMMENT ABOUT THIS. THIS THIS APPLICATION BUT THAT THAT THAT DEVELOPMENT ZONE ON THAT 5 18 206 INTERSECTION HAS EXPERIENCED AND THERE HAVE BEEN A LOT OF VARIANTS IS GRANTED

[00:15:01]

THE TOWNSHIP COMMITTEE COULD MAKE AN ORDINANCE THING. THE BOARD OF ADJUSTMENT. THAT'S NOT THE ONLY THING WE WERE. THE ONLY THING WE DO IS ABOARD IS ADJUDICATE ISSUES THAT COME BEFORE APPLICATIONS THAT BECOME BEFORE THE BOARD. WE CAN'T OPINE OR OR PROVIDE DIRECTION ON ANY ANY THE OTHER THE ONLY TIME YOU DO THAT ONCE A YEAR. THEY DO AN ANNUAL REPORT, BUT THAT'S BASED ON WHAT APPLICATIONS CAME BEFORE THEM. THE CHAIRMAN'S RIGHT THEY CAN. ONLY THEY APPLICATIONS COME IN. THAT'S WHAT THEY'RE IN THE BUSINESS OF DOING ADDRESSING THOSE APPLICATIONS. THESE ISSUES LIKE THIS PLANNING BOARD GOVERNING BODY TOWNSHIP COMMITTEE YEAH TOWNSHIP COMMUNITY TOWNSHIP COMMUNITY THE OTHER DAY. THE PLANNING BOARD ALSO. ALRIGHT GREAT. THANK YOU.

THANK YOU SO MUCH, UH. YES YES, WE DID OPEN UP. LIKE GOD, MY NAME IS WILL IT SULTAN HEIM, 17 MILFORD PLACE SKILLMAN. AND SINCE MR DAVIS BROUGHT UP THE DUNKIN DONUTS DEBACLE I CAN'T TELL YOU HOW MANY MEETINGS I WATCHED VIA ZOOM. WHERE THE OWNERS BROUGHT HIS ATTORNEYS, PLANNERS, TRAFFIC CONSULTANTS AND TRY TO MAKE US BELIEVE THAT SOMETHING THAT REQUIRED ONE ACRE COULD BE STUFFED INTO HALF AN ACRE. IT WAS INSULTING, AND I HOPE THAT GOING FORWARD AND ALL YOUR DELIBERATIONS THAT YOU CONSIDER WHAT THE ZONING SAYS THAT IF SOMETHING REQUIRES X NUMBER ACRES, THAT'S WHAT IT REQUIRES. THANK YOU. JUST SO YOU KNOW, YOU CAN GET THE DOCKET NUMBER FROM SHERRY OF THE CASE. YOU CAN ACTUALLY HAVE ACCESS TO THE JUDICIARY DOCKET NUMBER. YOU CAN SEE THE POSITION THAT I TOOK IN THE BRIEF ON BEHALF OF THE BOARD. TRUST ME YOUR POSITION.

NOT THAT YOU TOLD ME AHEAD OF TIME, BUT THAT'S ONE OF THE POSITIONS I TOOK IN THE BRIEF.

THANK YOU. THANK YOU VERY COMMENT. YES. HI I'M CANDY WILLIS KNICKERBOCKER. DR. PHIL MADE. I JUST WANT TO SAY THAT THE ACOUSTICS ARE REALLY BAD HERE. AND IF EVERYBODY COULD SPEAK INTO THE MICROPHONE, INCLUDING YOU TWO GUYS AND THEN MAKE PEOPLE TALK RIGHT INTO THIS LIKE THIS, SO WE CAN HEAR IN THE BACK OF THE THREE PEOPLE SITTING BACK THERE. VERY GOOD IDEA POINT , MISS WILLIS AND WE HAVE ENFORCED THIS BEFORE. SO YOU'RE RIGHT. THE ACOUSTICS WERE NOT, UM WELL CONCEIVED HERE. BEST COMMENT OF THE NEXT. OKAY UH, I THINK WE CAN START THIS APPLICATION. UH, I DON'T GET ANYTHING. MOTION TO CLOSE CORRECT, SO THIS IS AN

[IV. APPLICATION CONTINUATION]

THE EXPIRATION DATE OF THIS APPLICATION IS SEPTEMBER 30TH 2023 AFFIDAVIT OF NOTIFICATION AND PUBLICATION REQUIRED AND PREVIOUSLY FOUND TO BE IN ORDER, AND I MIGHT ADD. THIS IS A CONTINUATION THIS HEARING COMMENCED. MARCH 20/8 2023, EVEN THOUGH IT WAS BIFURCATED AT THE TIME, THE APPLICATIONS NOW BEEN AMENDED TO ADD SITE PLAN APPROVAL. BUT THAT'S THE MARCH 28 IS PART OF THE RECORD AND WE SWORE IN AT THAT TIME. SOME OF YOUR EXPERTS JEFF HABERMAN, JIM KYLE JAMES. SOME OF OUR EXPERTS ALSO JAMES COVELLI, RAKESH DORJI AND JOE FISHING, ER AND MR DEDE HAS SIGNED A CERTIFICATION THAT HE LISTENED TO OR READ A TRANSCRIPT OF MARCH 20/8 2023, SO HE IS ELIGIBLE TO VOTE. WE HAVE ONE OTHER MEMBER WHO'S NOT HERE TONIGHT. WHO I HAD A

[00:20:05]

PRELIMINARY SITE PLAN APPROVAL. UH UM. FOR THE PRIVATE SCHOOL, WHICH IS APPROXIMATELY 868,600 SQUARE FEET. AND ONE STORY. MEDICAL OFFICE BUILDING OF 4000 SQUARE FEET. OBVIOUSLY OUR SITE PLAN INCLUDES OTHER COMPONENTS. THAT WILL TALK ABOUT TONIGHT, INCLUDING LANDSCAPING, LIGHTING UTILITIES, ETCETERA. TOTAL 5 58 PARKING SPACES FOR THE TWO USES. UM. THE REASON WE'RE HERE AND NOT BEFORE THE PLAYING HIM WARD IS BECAUSE WE NEED A HEIGHT VARIANTS. IT'S ONE OF THE USER.

REINCE IS OR D VARIANCES. IT IS NOT A D ONE VARIANCE IN ITS DIFFERENT PROOFS ARE DIFFERENT IN OUR, UM EXCUSE ME. OUR PLANNER WILL ADDRESS THOSE. THERE ARE A NUMBER OF OTHER VARIANCES. UM. AND WE WILL GO THROUGH THOSE AS WELL. I'M NOT GONNA READ ALL OF THEM INTO THE RECORD NOW BECAUSE OUR EXPERTS WILL UM, GO THROUGH EACH OF THEM, UM IN TERMS OF, UM. REVIEW MEMOS. WE'VE WE'VE RECEIVED REVIEW MEMOS, BOTH IN MAY. RECENT REVIEW MEMO. FROM CLARK KATING HINTS DATED JANUARY JUNE 15TH AND WE WILL ADDRESS ISSUES IN THERE THAT REQUIRE, UH, RESPONSES. UM WE HAVE APPLIED TO THE COUNTY PLANNING BOARD APPLICATION IS PENDING. UM WE HAVE APPLIED TO THE DNA OR CANAL COMMISSION. THAT APPLICATION IS PENDING. WE HAVE APPLIED TO THE SOMERSET UNION SOIL CONSERVATION DISTRICT. WE HAVE RECEIVED AN APPROVAL APPROVAL FROM THAT MISS A CERTIFICATION OF OUR SOIL EROSION. AND SENTIMENT CONTROL PLANS. WE HAVE, UM FOUR WITNESSES. UM JEFF HEY. EVER BEEN AS THE PROJECT ENGINEER WILL TALK TO YOU ABOUT EXISTING CONDITIONS? HE'LL TALK TO YOU ABOUT THE PROPOSED DEVELOPMENT AND VARIOUS EXPERTS ASPECTS OF IT, AND IT WILL ALSO IDENTIFY ANY OF THE REQUESTED VARIANCES. ELAINE SCHWARTZ IS WITH THE APPLICANT SHALL PROVIDE TESTIMONY REGARDING OPERATION OF THE DAY SCHOOL. BILL FEINBERG IS HERE. FORD MAY BE FAMILIAR WITH HIM BECAUSE HE'S ALSO SHARP BELLS. UH ARCHITECT WILL PROVIDE TESTIMONY ON BOTH THESE ARCHITECTURAL PLANS FOR THE SCHOOL AND THE MEDICAL OFFICE BUILDING, FINALLY OR CLEANUP HITTER IS JAMES KYLE ARE PLANNER. AND HE WILL GO THROUGH EACH VARIANCE AND PROVIDE THE POSITIVE AND NEGATIVE CRITERIA. REQUIRED TO BE ESTABLISHED IN WORD. TO SUPPORT THE GRANTING OF THOSE VARIANCES. SO UNLESS YOU HAVE QUESTIONS FOR ME, WHICH I HOPE YOU DON'T JUST HAVE A COUPLE DO YOU WANT TO? YOU WANT TO START THIS FROM SCRATCH TONIGHT OR YOU DON'T WANT TO INCORPORATE MARCH 20/8. I DON'T . I DON'T THINK SO. I THINK WE REALLY BECAUSE THAT WAS WE WERE JUST DEALING WITH THE HEIGHT ISSUE. SO HERE REALLY DEALING WITH THE SITE PLAN THE HEIGHT ISSUE. OKAY, SO NUMBER OF OTHER VARIANTS. DO YOU WANT TO START

[00:25:02]

YOU'RE GOING TO GIVE HIM THIS MATTER WILL BE THE TRUTH. THE WHOLE TRUTH. NOTHING BUT THE TRUTH. OKAY, NOW, MR PETRINO, I THOUGHT YOU MENTIONED FOUR WITNESSES, BUT I SEE FIVE PEOPLE STANDING UP. MORE TRAFFIC AND SO ON. HE'S NOT GOING TO BE PART OF THE DIRECT TESTIMONY. BUT IF IT ISSUE COMES UP THAT REQUIRES MM RESPONSE AND TRAFFIC ISSUES ISSUE. OKAY SO, MR HABERMAN, YOU ARE THE APPLICANTS. ENGINEERING EXPERT CORRECT. YES. OKAY? AND THEN MISS SCHWARTZ. YOU'RE THE SCHOOLS AND ADMINISTRATOR OR WHAT'S YOUR POSITION WITH THE SCHOOL SENIOR PROGRAM OPERATIONS MANAGER. I HAVE ALLOWED VOICE SENIOR PROGRAMS. OPERATIONS. MANAGER. MR FEINBERG. YOU'RE A REGISTERED ARCHITECT IN THE STATE OF NEW JERSEY. YES I AM YOUR OBVIOUSLY THE APPLICANTS.

ARCHITECTURAL EXPERT CORRECT. OKAY AND THEN, MR KYLE, YOU'RE THE APPLICANTS PLANNING EXPERT.

CORRECT CORRECT. AND THEN LAST UP, CAN YOU GIVE ME YOUR NAME IS SPELL YOUR LAST NAME? SURE IT'S KEVIN SAVAGE S A V A G E. OKAY AND EUROPEAN E. AND YOU'RE THE APPLICANTS TRAFFIC ENGINEERING EXPERT. THAT IS CORRECT, OKAY? CAN YOU GUYS JUST. IDENTIFY YOURSELVES FOR THE RECORD AND FOR PURPOSES OF THE PUBLIC. IDENTIFY WHICH BOARD EXPERT YOU ARE TO THEM. THE WORDS ENGINEERING EXPERT. AND GENERAL FISHING WITH THE BREAK. OKAY THERE YOU GO. OKAY FIRST WITNESSES, JEFF HABERMAN. UNDERSTAND THAT, YOU KNOW. JEFF . THAT WAS LOUD ABOUT WHO WE ARE EMPLOYED. IN WHAT CAPACITY? SURE I AM A PRINCIPAL AT DYNAMIC ENGINEERING CONSULTANTS HAVE OVER 10 YEARS OF EXPERIENCE IN LAND DEVELOPMENT ENGINEERING WITH DYNAMIC ENGINEERING. WHAT'S YOUR EDUCATIONAL BACKGROUND? LICENSES ARE YOU HOLDING THE STATE OF NEW JERSEY? SO I'M A LICENSED PROFESSIONAL ENGINEER IN NEW JERSEY. MY LICENSE IS IN GOOD STANDING HAVE A BACHELOR'S OF SCIENCE AND CIVIL ENGINEERING FROM RUTGERS UNIVERSITY. AND YOUR LICENSE IS STILL CURRENT.

AND AN ACTIVE YES. UM HAVE YOU APPEARED BEFORE THE SPORT BEFORE? I HAVE NOT APPEARED BEFORE THE ZONING BOARD OF ADJUSTMENT I HAD BEFORE THE PLANNING BOARD RECENTLY. MR CHAIR WE OFFER JEFFERSON EXPERT IN ENGINEERING. PUBLIC HAVE ANY QUESTIONS QUALIFICATION? ANY QUESTIONS ABOUT QUALIFICATIONS? IS THE PUBLIC HAVE ANY QUESTIONS ABOUT QUALIFICATIONS? OKAY WE'LL ACCEPT HIM AS WITNESS. THANK YOU. THANK YOU. THANK YOU. DID YOU PREPARE OR SUPERVISE THE PREPARATION OF THE ENVIRONMENTAL IMPACT STATEMENT? DATED DECEMBER. 2022. YES I DID. DID YOU PREPARE SUPERVISED THE PREPARATION OF THE STEEP SLOPE ANALYSIS DATED DECEMBER 9 2022.

THAT IS CORRECT. DID YOU PREPARE OR SUPERVISE THE PREPARATION? OF THE STORM ORDER MANAGEMENT GRANT WOULD HAVE RECHARGE AND WATER QUALITY ANALYSIS PREPARED BY DYNAMIC DATED APRIL 2023. YES, THAT IS CORRECT. SAME QUESTION WITH YOUR TO THE STORM ORDER MANAGEMENT OPERATION AND MAINTENANCE MANUAL DATED APRIL 2023. YES AND THE PRELIMINARY SITE PLANS BEFORE THE BOARD AND

[00:30:08]

[00:35:01]

UM I'VE REVIEWED THE TOWNSHIP ORDINANCE OF REVIEWED THE PROPERTY SURVEY THAT DYNAMIC SURVEY HAD PREPARED AND I'VE TOOK IT INTO THE RECOMMENDATIONS . UM THE COMMENTARY THAT WAS MADE AT SEVERAL DEVELOPMENT REVIEW COMMITTEE MEETINGS THAT THAT WE HAVE ATTENDED THE APPLICANT HAS ATTENDED IN THE PAST. SO THE APPLICANT IS PROPOSING TO DEVELOP THIS LOT WITH UH, TWO PRINCIPAL USES THE MALVERN CHILDCARE CENTER AND THE MEDICAL OFFICE BUILDING. THEY'RE BOTH CONSIDERED SEPARATE PRINCIPAL USES. UM WHICH ARE BOTH PERMITTED IN THE HIGHWAY COMMERCIAL ZONE. WE'RE HERE TONIGHT SEEKING PRELIMINARY MAJOR SITE PLAN APPROVAL WITH HIGH T SIX VARIANTS AND SEVERAL BOOKS THAT VARIANCES AS WELL AS A FEW DESIGN EXCEPTIONS. SO IT'S PREVIOUSLY MENTIONED. THE APPLICANT IS PROPOSING TO CONSOLIDATE THE TWO LOTS. UM SO I'LL BE ONE LOT IN ITS FINAL CONDITION. THE TWO AS WITH REGARDS TO THE TWO SEPARATE PRINCIPAL USES THE I CALL IT. THE SOUTHERN HALF OF THE SITE IS PROPOSED TO BE DEVELOPED WITH A TWO STORY MELBOURNE SCHOOL. UM IT HAS A FOOTPRINT OF ROUGHLY 4340 SQUARE FEET. AND A TOTAL GROSS FLOOR AREA OF 8640 SQUARE FEET BETWEEN THE TWO STORIES. IN ADDITION ON THE SIDES AND REAR OF THE BUILDING IS A PLAY EQUIPMENT AREA. UM WHICH HOUSES SEVERAL PLAY EQUIPMENT STRUCTURES, UM IN AREAS THAT ARE SEPARATED BY THE AGES OF THE CHILDREN THAT WILL BE USING THOSE STRUCTURES. THESE THESE STRUCTURES ARE CONSIDERED ACCESSORY STRUCTURES. UM SO THERE ARE A FEW VARIANCES THAT WE ARE SEEKING, WHICH RELATES TO THE LAND OF THE OF THEM, UM, FOR VARIANCES IN TOTAL. THE FIRST IS WITH REGARDS TO JUST HAVING THE STORAGE OF PLAY EQUIPMENT OUTSIDE OF THE BUILDING. THE OTHER THREE VARIANCES ARE REALLY RELATED TO THE SEPARATION DISTANCE BETWEEN AN ACCESSORY STRUCTURE AND A PRINCIPAL STRUCTURE. UM THE THREE PLAYGROUND EQUIPMENTS WHICH ARE IN THE I GUESS THE TAN ISH COLOR THAT ARE CLOSER TO THE BUILDING OR LESS THAN 20 FT, WHICH IS FROM THE PRINCIPAL BUILDING, WHICH IS WHAT IS REQUIRED PURSUANT TO THE TOWNSHIP ORDINANCE. YEAH. CAN YOU DO ME A FAVOR AND GO TO PAGE 30 OF 30 OF

[00:40:05]

AND THE PROPOSED HEIGHT OF THE SCHOOL BUILDING IS. IT'S 41.82 FT, AND THAT INCLUDES THE PRE DEVELOPMENT GRADE WITHIN THE DEFINITION, WHICH I'LL DISCUSS SHORTLY. AND THE REASON THAT THE D SIX VARIANTS IS BECAUSE THE HEIGHT EXCEEDS EITHER BY 10. IN THIS CASE IT EXCEEDS BY 10% THE MAXIMUM HEIGHT ALLOWED CORRECT. THAT IS CORRECT. OKAY NOW GO TO THE NEXT PAGE PAGE 30 MINIMUM LOT SIZE. WHAT'S THE MINIMUM THAT SIZE FOR WHAT YOU SAID. YOU'VE TESTIFIED THAT THE LOT SIZE HERE IS 2.04 ACRES. YES SO WHAT'S THE MINIMUM LOT SIZE REQUIREMENT FOR WHAT? WHAT DOES ORDINANCE 16-4 0.12 K. ONE SAY SURE. SO WHEN DEVELOPMENT IN THE HIGHWAY COMMERCIAL ZONE HAS TWO PRINCIPAL USES. ON ONE LIGHT. THE MINIMUM LOT AREA REQUIRED IS THREE ACRES FOR TWO PRINCIPAL YEAR TWO PRINCIPAL USES. OKAY? I THINK YOU MENTIONED SOME OF THESE OTHERS, BUT JUST GO DOWN THE LIST. SURE, THE NEXT WELL, I GUESS IT'S THE NEXT THREE THAT THE NEXT THREE VARIANCES HERE THE INFANT PLAY EQUIPMENT, DISTANCE TO OTHER STRUCTURE, PLAY ONE EQUIPMENT, DISTANCE TO OTHER STRUCTURE IN PLAY TO EQUIPMENT, DISTANCE TO OTHER STRUCTURE. THOSE ARE THE PLAY EQUIPMENT PIECES THAT ARE IN THE REAR AND SIDES OF THE MELBOURNE SCHOOL BUILDING. THE MINIMUM SEPARATION DISTANCE FOR AN ACCESSORY STRUCTURE TO A PRINCIPAL STRUCTURE IS 20 FT. SO THOSE THREE STRUCTURES ARE LESS THAN THAT. 20 FT. I CAN READ THE EXACT DIMENSIONS. DON'T YOU DO THAT? JUST LET'S JUST LAY OUT EXACTLY. YOU KNOW WHAT RELIEF SURE FROM THE BOARD. SURE, SO THE INFANT PLAY EQUIPMENT, WHICH IS DIRECTLY TO THE SOUTH OF THE MELBOURNE SCHOOL, THE SEPARATION TO THE PRINCIPAL STRUCTURES, 13.4 FT. FOR PLAY EQUIPMENT, ONE WHICH IS DIRECTLY TO THE NORTH OF MELBOURNE SCHOOL. THE SEPARATION IS 14.9 FT. AND FOR PLAY EQUIPMENT STRUCTURE TO YES, WHICH IS POINTING THERE THAT IS 11 FT. SEVEN INCHES. GIVE ME THAT AGAIN. 11 FT SEVEN INCHES.

OKAY EVERYTHING ELSE IS POINT GETTING OFF THE APOLOGIZE SO 11 POINT CALCULATOR, APPROXIMATELY 11.75. APPROXIMATELY YES. OKAY, KEEP ON GOING. SURE SO THE NEXT VARIANCE IS FOR THE HOTBOX FRONT YARD SETBACK. SO THE HOT BOXES ALONG GEORGETOWN FRANKLIN TURNPIKE, UM, THAT IS A WATER UTILITY STRUCTURE. IT'S AN ABOVE GROUND HEATED STRUCTURE. UM THE SEPARATION REQUIRED IS TECHNICALLY 50 FT. FROM THE FRONT PROPERTY LINE. WE ARE PROPOSING 25 FT. THIS NEXT ONE YOU MENTIONED BEFORE, BUT GIVE THE SPECIFIC SIGN IT TO PLAY EQUIPMENT STORED OUTSIDE CORRECT WE'RE NOT SURE THAT THE VARIOUS IS REQUIRED FOR THAT TO PLAY EQUIPMENT. IS OUTSIDE. IT'S NOT BROUGHT IN AND HELP MR KYLE. I'M SURE WE'LL ADDRESS THAT. BUT FOR NOW, IT'S ON THE LIST. CORRECT CORRECT. NEXT NEXT ONE IS FOR REQUIRED LOADING SPACE. EACH USE IS REQUIRED TO HAVE A SPECIFIC DESIGNATED LOADING ZONE. IN THIS CASE, THERE IS NO SPECIFICALLY STRIPED LOADING ZONE.

TECHNICALLY TWO WOULD BE REQUIRED IN ZERO ARE PROPOSED. ONE FOR EACH ONE FOR EACH. YES, TWO FOR THE PROPERTY. REQUIRES YES. OKAY. NEXT. AH FOR DEVELOPMENT IN AN AREA WITH STEEP SLOPES. I WAS JUST WRITING DOWN BY THE DIFFERENT PERCENTAGE OF SLOPE WHERE IT'S JUST ANY DEVELOPMENT THAT'S GREATER THAN 15% AND SLOPE. OKAY, AND IS THERE SOME WAY TO QUANTIFY? BUT INTO THE MICROPHONE. IS WRITTEN IS FOR EITHER ANY BUILDING OR GROUP OF THE FIRST SEPARATE ONE

[00:45:03]

UM THOSE RETAINING WALLS. THERE'S THEY'RE TWO SEPARATE, RETAINING. ALSO TWO SEPARATE VARIANCES FOR THE EXPEDIENCE OF THAT HEIGHT, THE RETAINING SO THE PROPOSED RETAINING WALL HEIGHT IS GOING TO BE HOW MANY FEET AND THE PROPOSED BASIN WALL HEIGHT IS GOING TO BE. HOW MANY FEET THE BASIN WALL HEIGHT IS 12 FT. AND THE RETAINING WALL HEIGHT IS BETWEEN 8 TO 10 FT.

AND I ASSUME IT'S BETWEEN EIGHT AND 10 FT. BECAUSE IT'S EITHER ON A DIET OR THE ELEVATION OF THE GROUND CHANGES OR SOMETHING LIKE THAT EXISTING GRADE CHANGES AT THE REAR NEXT AH! THE VISUAL BREAKS IN THE BUILDING DESIGN. IF YOU WANT TO SAY THAT FOR THE ARCHITECTURE, THE ARCHITECT FROM FACADES ON CORNER LOTS THAT IS FOR THE ARCHITECT AS WELL. UM THE SIGN AREA OF ATTACHED SIGNS.

SO. THERE ARE TWO SIGNS ON THE MALVERN SCHOOL BUILDING. UM THEY'RE EACH 24 SQUARE FEET IN SIZE. THE VARIANTS WERE ASKING FOR IS FOR THE SECOND SIGN WERE PERMITTED TO HAVE TO WALL SIGNS ON THE BUILDING. THE SECOND SIGN HAS TO HAS A MAXIMUM 2020 SQUARE FOOT AREA REQUIREMENTS, SO WE HAVE A 24 SQUARE FOOT SIGN. FOR THAT ONE. THAT'S THE VARIANCE RELIEF REQUESTED THE SECOND WALL SIGN, NOT THE FIRST CORRECT. AND WHAT ABOUT THE RETAIL OFFICE WINDOW COVERAGE PERCENTAGE.

ASSUME THAT'S PRETTY ARCHITECT. THAT'S CORRECT. YEAH. OKAY? AND YOU'RE GONNA DO THE GOING TO TALK ABOUT THE EXCEPTION FOR SIDEWALKS. ARE YOU GOING TO SAY WE'RE GOING TO ELIMINATE THAT BY EXTENDING THE SIDEWALKS ELIMINATE. OKAY. THANK YOU VERY MUCH. THANK YOU. HMM. UM SO.

REGARDING ONE OF THE VARIANCES THAT WE'RE ASKING FOR IS THE MINIMUM LOT SIZE. UM MINIMUM LOT SIZE REQUIRED FOR TWO PRINCIPAL USES ON THIS LOT IS THREE ACRES. THE CONSOLIDATED CONSOLIDATED LOT AREAS 2.046 ACRES, SO WE ARE REQUESTING BOOK OR VARIANCE RELIEF. UM FOR THAT, HOWEVER, I DO WANT TO NOTE THAT THIS LAYOUT IS COMPLIANT WITH ALL THE OTHER BULK REQUIREMENTS, INCLUDING THE FLOOR AREA RATIO. UM THE IMPERVIOUS COVERAGE REQUIREMENT. UM AND FURTHERMORE, THE ALL THE ACCESSORY STRUCTURES AND WITH WITH THE EXCEPTION OF THE HOT BOX AND THE PRINCIPAL STRUCTURES ARE BEHIND THE REQUIRED SETBACKS , SO IT DOES WORK WELL FROM COVERAGE PERSPECTIVE. UM BEING THAT THESE TWO USERS ARE COMPATIBLE IN THAT PERSPECTIVE. UM AND THEN WE ARE PROVIDING ADEQUATE PARKING AND CIRCULATION FOR THESE TWO USES, BUT WE ARE ASKING FOR THAT LOT AREA VARIANTS. MHM. SO FROM A SITE CIRCULATION PERSPECTIVE, UM, ACCESS TO THE SUBJECT PROPERTY IS BEING PROVIDED OR PROPOSED TO BE PROVIDED BY A SINGLE FULL MOVEMENT. DRIVEWAY OFF OFF OF BRACKNELL WAY. UH SORT OF RIGHT IN THE MIDDLE OF THE SITE. YES UM, THE DRIVEWAY IS TO BE USED AS A SHARED ACCESS DRIVEWAY FOR BOTH USES, SO THE PLAN IS TO EMPLOY ACROSS ACCESS EASEMENTS AS A CONDITION FOR FINAL SITE PLAN. FURTHERMORE THE ACCESS DRIVEWAY HAS BEEN DESIGNED TO

[00:50:01]

[00:55:04]

I KNOW THERE'S A QUITE QUESTION FOR WHO END UP MAINTAINING THAT STRUCTURE, AND THAT WOULD BE THE OWNER OF THE LOT. SO THAT WOULD BE YOU KNOW, THE MALIBU IN SCHOOL? SO FROM AN EARTHWORK AND GRADING PERSPECTIVE, UM, SAY CERTAINLY CHALLENGING, UM, WE HAD DYNAMIC SURVEY PREPARING ALL TO SURVEY WITH TOPOGRAPHY. THE TOPOGRAPHY OF THE EXISTING SITE. GENERALLY FALLS FROM WEST TO EAST. IT ALSO FALLS OFF FROM GEORGETOWN, FRANKLIN TURNPIKE. TO THE NORTH AND FROM BRACKNELL WAY TO THE NORTH SOUTH INTO THE SITE, SO WHAT THAT CREATES IS ALMOST A VALLEY IN THE MIDDLE OF THE SITE, IF YOU WILL, UM SO THAT CREATES A BIT OF A GRADING CHALLENGE, REALLY? FOR ANY END USER FOR THE SITE IS GOING TO NECESSITATE BRINGING IN PHIL TO COME ACCOMMODATE DEVELOPMENT.

THE HIGH POINT OF THE SITE IS AT ELEVATION 1 45 ON THE ALONG THE WESTERN PROPERTY LINE BELOW POINTS AT 1 24. SO THAT'S A 21 FT GRADE DROP. JUST TO GIVE A LITTLE BIT OF PERSPECTIVE AT THE CHALLENGE THAT THAT THE APPLICANT WAS FACING HERE AND WHILE WE'RE PROPOSING SOME OF THE WALLS IN THE BACK UM, THERE'S ALSO A FEW VARIANTS IS JUST A QUICK, SURE. DID. THE BOARD'S ENGINEERING HIS MEMO. TALK ABOUT NEEDING A, UM IT WAS SOIL MOVEMENT. PREVENT THE HOLLYWOOD. ACTUALLY, WE DID NOT COVER THAT. SO I ASSUME THAT YOU'D WANT TO ALSO INCLUDE THAT IN THE ULTIMATE RELIEF. GET IF THE BOARD IS GOING TO GRANT THE APPLICATION HAVE THEM ALSO.

GRANT YOU THE SOIL HAULING APPROVAL. CORRECT THAT IS CORRECT THAT YOU'RE GOING TO HAVE TO. YOU CAN TALK TO THE BOARD ENGINEERING EXPERT, BECAUSE IF YOU'RE COMING BACK IF YOU'RE NOT, I GUESS YOU'LL HAVE TO DO IT SEPARATELY, BECAUSE YOU'RE GOING TO HAVE TO. THERE'S THINGS YOU HAVE TO SUBMIT TO TELL HIM. HOW MANY CUBIC YARDS. HOW MANY TRUCKS THE TRUCK ROUTE? THERE'S A BUNCH OF STUFF IN THE ORDINANCE. YES I DO. I DO HAVE AN UNDERSTANDING AND AN EXACT NUMBER OF THE AMOUNT OF CUBIC YARDS. BUT LIKE YOU SAID, WE DO HAVE TO PROVIDE PROVIDE. I'M FAMILIAR WITH THAT PROCESS. I THINK WE'RE GOING TO SUBMIT THAT APPLICATION WHEN WE COME IN FOR FINAL SITE PLAN QUESTION IS BOARD APPROVAL NECESSARY OR CAN THAT BE DONE ADMINISTRATIVELY? OKAY SO YOU JUST CAN'T GET DONE. I UNDERSTAND. IT'S ONLY SLEEPING PILL, MARY. THROUGH, OKAY? OKAY JOHN. I'M SORRY THE BOARD WOULD HAVE TO APPROVE THE AMOUNT OF SOIL BUT THE APPLICATION AND THE ROOT AND ALL THAT CAN BE REVIEWED BY THE TOWNSHIP ENGINEER'S OFFICE. THANK YOU.

THANK YOU, MR CRUZ. I WAS GOING TO MENTION THAT AS WELL. AND I DO HAVE THE NUMBER HERE. IT'S ROUGHLY 6000 CUBIC YARDS OF PHIL. THAT'S NECESSITATED FOR THIS DEVELOPMENT. OKAY DO YOU KNOW HOW MANY TRUCKS THAT COMES OUT TO APPROXIMATELY AGAIN? RECOGNIZING THAT IF YOU BRING IT IN, IT'S NOT LIKE IF YOU'RE TAKING IT OUT WHERE IT'S COMPACTED AND EXPAND. IF YOU BRING IN AND IN, YOU'RE GOING TO PUT IT IN AND PRESUMABLY GONNA COMPACTED. BUT IF YOU DON'T KNOW YOU COULD TRY. I DON'T HAVE THAT ANSWER. NOW I MEAN, WITH SWELL AND ALL THAT. YOU KNOW, I'LL BE GUESSING UP HERE TO BE QUITE FRANK, BUT I GUESS YEAH, THAT'S WHAT I WAS IN MY HAIR. THANK YOU, MR DARCY, SAID 350 TRUCKS. THAT'S YOUR ESTIMATE. OKAY, THANK YOU. SO JUST TO FINISH UP WITH THE GRADING, UM, TESTIMONY. UM THIS THIS PLAN WAS DESIGNED WITH WITH SOUND ENGINEERING PRACTICES AND IN THE DRIVEWAY GRADES COMING DOWN INTO THE SITE, AS WELL AS THE AS THE PARKING LOT GRADES, SO THAT REALLY SET WHAT THE FINISHED FOUR OF THE TWO BUILDINGS WAS THAT AND THAT ALSO NECESSITATES WITH THE RETAINING WALLS BEHIND THOSE BUILDINGS, UH, IS SET OUT,

[01:00:05]

TO BRIEFLY TOUCH ON STORMWATER MANAGEMENT. UM AGAIN IN THE EXISTING EDITION. STORMWATER RUNOFF DRAINS OVER OVER LAND TO THE EAST ONTO THE ADJACENT PROPERTY. AND ULTIMATELY, RUNOFF MAKES ITS WAY TO A CONVEYANCE SYSTEM WITHIN WHAT IS NOW THE TECHNICAL WAY. RIGHT OF WAY. UM TO THE NORTHEAST. UM THE FIRST ITEM THAT WE DID IN PREPARING THE STORMWATER MANAGEMENT DESIGN WAS TO UNDERSTAND THE UNDERLYING SOILS, UM, WHETHER THEY HAD THE ABILITY TO INFILTRATE WITH THE SEASONAL HIGH WATER TABLE WAS SO WE HAD PERFORMED THE NUMBER OF TEST PITS TO EVALUATE THAT FOR THE DESIGN AND WHAT WE DID FIND, WHICH IS SIMILAR TO A LOT OF THE SURROUNDING AREA. I WAS I WAS THE ENGINEER FOR THE MOMENT MONTGOMERY CROSSING DEVELOPMENT AS WELL. THAT THE EXISTING SOILS DO NOT ALLOW DO NOT HAVE ANY INFILTRATION. CHARACTERISTICS. UM WHICH LEADS US TO HOW WE DESIGN THE STORMWATER MANAGEMENT BASIN FOR THE SITE, SO IN THE NORTHEASTERN CORNER OF THE SITE IS WHERE WE HAVE OUR PROPOSED STORMWATER FACILITY. IT'S A BIO RETENTION BASIN, WHICH IS CONSIDERED IT A GREEN INFRASTRUCTURE ELEMENT BY THE STATE. UM PURSUANT TO THE MORE RECENT REGULATIONS THAT WERE ENACTED UNDER NJ C SEVEN, COLON EIGHT. UM. THE BIO RETENTION BASIN HAS BEEN DESIGNED TO MEET THE STORMWATER MANAGEMENT REQUIREMENTS SET FORTH BY J. A C SEVEN, CALLING IT AS WELL AS THE TOWNSHIP OF MONTGOMERY STORMWATER ORDINANCE. SIMILAR TO THE EXISTING CONDITION. THE BUYER RETENTION BASIN DETAINS RUNOFF INFILTRATES IT THROUGH ITS MEDIA FILTER TO TREAT THE RUNOFF AND DISCHARGES IT AT A CONTROLLED RATE AGAIN TO THE NORTHEAST INTO THAT EXISTING CONVEYANCE SYSTEM THAT'S WITHIN THE BRACKNELL RIGHT OF WAY. UM, SO IT'S A BENEFIT TO THE EXISTING CONDITION IS IN RUNOFF IS NO LONGER RUNNING OUT TO THE APPLICANTS PROPERTY. IT'S BEING CONFINED, TREATED, DETAINED AND RELEASED TO, UM, INFRASTRUCTURE THAT'S WITHIN THE PUBLIC RIGHT OF WAY. FROM A UTILITY DESIGN PERSPECTIVE, THE PROOF OF PROPOSED FACILITIES ARE EXPECTED TO BE SERVICED BY PUBLIC UTILITIES. THAT IS SANITARY SEWER. UM DOMESTIC WATER FIRE WATER. GAS AND ELECTRIC FACILITIES. UM FROM A SANITARY SEWER PERSPECTIVE, WE ARE PROPOSING TO EXTEND, UH, SANITARY MAIN. AH THAT IS TO THE NORTH. ACTUALLY, TO THE NORTH OF THIS EXHIBIT. IT'S WITHIN TAMWORTH DRIVE, WHICH ARE BELL HAD RECENTLY CONSTRUCTED. THE PLAN IS TO AND WE AND WE HAD SUBMITTED AN EXHIBIT ALONG WITH OUR CYCLONE APPLICATION, SHOWING THE EXTENSION OF THAT SANITARY SEWER REMAIN TO THE VERY NORTH END OF THE PROPERTY WHERE IT'LL TERMINATE AND THEN THE TWO FACILITIES WILL CONNECT BY WAY OF A SMALL GRAVITY LATERAL INTO THAT EXTENDED PUBLIC MEAN UM, AND WATER WATER SERVICES ARE WITHIN GEORGETOWN, FRANKLIN TURNPIKE. SO WHICH LEADS TO, UM , DISCUSSION ON THE HOT BOX THAT'S BEING PROPOSED OUT THEIR NEW JERSEY AMERICAN WATER IS THE UTILITY PURVEYOR. SO BECAUSE THE WATER MAIN WITHIN GEORGE TOM FRANKEN TERP BIKE IS MORE THAN 100 FT FROM FROM THE FACILITIES THEY REQUIRE THE METER TO BE SET IN AN ABOVE GROUND. HEATED STRUCTURE CAN'T BE IN AN UNDERGROUND VAULT. UM, THIS IS ENTIRELY DICTATED BY THE WATER COMPANY. OTHERWISE WE WOULD WE WOULD CERTAINLY PUT IT UNDERGROUND. SO THAT'S ONE OF THE VARIANCES THAT WE'RE REQUESTING THIS FOR HAVING THAT HOTBOX STRUCTURE WITHIN THE FRONT YARD. THEY'RE SET BACK 25 FT INSTEAD OF 50 FT. JUST POINT TO THAT HOT BOX. SURE. HE'S GOT HIS CURSOR ON. I SEE. AND HOW HIGH ABOVE THE GROUND IS THAT IT'S ROUGHLY 5 FT. IT'S NOT 5 TO 6 FT.

UM FROM A LIGHTING DESIGN PERSPECTIVE, UM, THE LINING IS DESIGNED TO COMPLY WITH THE TOWNSHIP OF MONTGOMERY LIGHTING ORDINANCE, UM, AS WELL AS THE INDUSTRY INDUSTRY STANDARDS AND PRACTICES IN THE ELIMINATING ENGINEERING SOCIETY. UM BECAUSE OF THE DESIGN WAS TO MINIMIZE OFFSITE GLARE WHICH THIS DESIGN DID ACCOMPLISH, UM, WHILE ALSO ENSURING THAT THE LIGHTING OF

[01:05:02]

WHAT IS THAT IN ANY OF THE MEMOS? IT'S NOT IN THE PLANNING MEMO. AT LEAST IT'S NOT LISTED ON PAGE 30 AGAIN TIMERS. MICROPHONE I ASKED ABOUT THE CIRCUIT TIMERS. 15 OF MINE. 7.10 . BASICALLY, I ASKED FOR IT TO SHOW INFORMATION, WHICH AND WE NEED TO DESIGN. THANK YOU, MR THE WHOLE THANK YOU. HOLD ON. HOLD ON. 7.10 ON PAGE. 15 OKAY? SO WHICH IS THE ORDINANCE SECTION THAT SAYS IT CAN'T BE ON 24 7. UH AH. THIS, UM. YES. UM IT'S ORDINANCE SECTION 16 DISH 5.4 B. TO THE. OKAY CAN YOU READ THAT ORDINANCE SECTION? YES UM OTHER SO. ACCEPTING ANY LIGHTING DETERMINED BY THE PLANNING BOARD TO BE NECESSARY AND OR ADVISABLE FOR SECURITY PURPOSES. ALL OTHER LIGHTING IS TO BE CONTROLLED BY CIRCUIT TIMERS SO THAT THE LIGHTS ARE AUTOMATICALLY TURNED OFF AFTER BUSINESS HOURS. SO HOLD SO CIRCUIT TIMERS. TWO. TURN OFF LIGHTS. AFTER BUSINESS HOURS AND WHAT'S THE PROPOSAL? THE PROPOSAL WOULD BE TO DIM THE LIGHTS DOWN TO HAVE AUTOMATIC DIMMERS ON THEM TO BRING THEM DOWN TO 25% CAPACITY OF WHAT THE FALL LIGHTING WOULD BE DURING NORMAL OPERATION. DURING WHAT HOURS? WOULD THEY BE BROUGHT DOWN ANOTHER AFTER THE CLOSE OF BUSINESS INSTEAD OF TURNING THEM OFF, THEY'D BE DIMMED DOWN TO 25% OF THEIR CAPACITY. YES SUNRISE UNTIL WHAT SO THE MEDICAL OFFICE AND WE COULD ALL SPEAK TO THE HOURS THAT THE MEDICAL OFFICE WILL BE OPEN. PRESUMABLY IT'S THERE'S NO TENANT IDENTIFIED YET. BUT UNTIL 10 O'CLOCK AT NIGHT, IT'S TYPICALLY WHAT WE'RE LOOKING AT . SO AFTER 10 O'CLOCK AT NIGHT IS, IS THIS FOR SAFETY? OR IS THIS IN CASE ANYONE HAS TO COME TO THE BILL? ANYONE HAS ANY EMERGENCY THAT HAS TO COME TO THE BUILDING? IT'S FOR SAFETY. YEAH, YES, FOR SAFETY FOR ANYBODY DOES HAVE TWO. SO CAN YOU READ THAT ORDINANCE AGAIN? I THOUGHT IT SAID SOMETHING ABOUT SAFETY. YES SO ACCEPTING ANY LIGHTING DETERMINED BY THE PLANNING BOARD TO BE NECESSARY AND SLASH OR ADVISABLE FOR SECURITY PURPOSES. ALL OTHER LIGHTING IS TO BE CONTROLLED BY CIRCUIT TIMERS. TO BE TURNED OFF AFTER SO ALL THE LIGHTS GOING TO BE CONTROLLED BY CIRCUIT TIMERS,

[01:10:01]

SO NOW THE PHOTOELECTRIC IT'LL JUST STEPPED DOWN AFTER AFTER 10 O'CLOCK ONCE ONCE THE OPERATION IS CLOSED. SO LET ME LET ME ASK JAMES IS THAT CONSIDERED CIRCUIT TIMER OR NOT? PHOTO. SO THEY NEED AN EXCEPTION BECAUSE IF SOME OF THEM ARE NOT GOING TO BE ON CIRCUIT TIMERS YES, ONE EXCEPTION IS BECAUSE THEY'RE NOT GOING TO BE IN CIRCUIT TIMERS. IF THE PURPOSE OF SAFETY AND IF THE BOARD OF ADJUSTMENT DETERMINES THAT FOR SAFETY THE LIGHTS SHOULD BE ALLOWED TO BE TURNED DOWN TO 25% THEN IT WOULD SEEM TO ME THEY WOULDN'T THEY WOULD NOT NEED AN EXCEPTION IF THE BOARD BELIEVES THAT THAT'S FOR SAFETY IS THAT CORRECT INTERPRETATION? THE PART. YOU'RE GOING TO EXPLAIN TO THE BOARD WHY YOU NEED THAT FOR SAFETY, SO YOU DON'T NEED AN EXCEPTION FOR THAT. I ASSUME IS SOMEONE SAYING, YES, YES, YES. THE ONLY LIGHTING EXCEPTION IS THAT ALL THE LIGHTS ARE NOT GOING TO BE ON CIRCUIT TIMERS. CORRECT CORRECT. I'M SORRY. KEEP ON GOING. I JUST WANT TO MAKE SURE THAT WE ALL KNOW WHAT WE'RE DEALING WITH. UNDERSTOOD.

SO. I WILL MOVE ON TO LANDSCAPING. SO FROM A LANDSCAPING PERSPECTIVE, UM THE DESIGN SHOWN HERE ON THE RENDERING WAS DESIGNED BY A LICENSED LANDSCAPE ARCHITECT. UM UNDER MY SUPERVISION, AND IT HAS BEEN DESIGNED IN ACCORDANCE WITH THE TOWNSHIP ORDINANCE. THE OVERALL PHILOSOPHY OF THIS LANDSCAPE DESIGN WAS TO PROVIDE A NUMBER OF DIFFERENT SPECIES COLORS, TEXTURES THROUGHOUT THE SITE. UM YOU KNOW DIFFERENT SPECIES OF SHRUBS, DECORATIVE TREES, SHADE TREES, UM, AS WELL AS PROVIDING EVERGREEN BUFFERS ALONG THE EASTERN PROPERTY LINE , WHICH EXTENDS EVEN FURTHER TO THE NORTH ALONG BRACKNELL WAY. UM AND IN EVERGREEN BROKE IN EVERGREEN RAIL ALONG THE SOUTHWESTERN PORTION OF BRACKNELL WAY OUTSIDE OF THE STATE TRIANGLE, SO THAT FURTHER BUFFERS THE INTERIOR OF THE SITE , UM AND IN TOTAL, THERE ARE 557 TOTAL PLANTINGS PROPOSED WITH THE SITE THAT INCLUDES 13 SPECIES OF TREES AND 2021 SPECIES OF SHRUBS. AND THESE ARE ALL NATIVE PLANTINGS IN NEW JERSEY. HOW MANY TREES THAT MIGHT BE ABLE TO PULL THAT MICROPHONE RIGHT UP TO YOU. HOW MANY TREES? ARE YOU GUYS HEARING THIS IN THE BACK WITH DOING THE MICROPHONES LIKE THIS? YEAH. HOW MANY TREES TREES? YEAH YOU SAID TREES AND SHRUBS AND BUT YOU DIDN'T GIVE AN ACTUAL NUMBER OF NATURAL? SURE SO IT'S UH, 26 SHADE TREES. THREE ORNAMENTAL. 84 EVERGREEN TREES. 131 EVERGREEN SHRUBS. 152 DECISION.

US JOBS. AND A MIXTURE OF ORNAMENTAL GRASSES, PERENNIALS AND GROUND COVER. THANK YOU. AND THAT INCLUDES THE PLANTINGS THAT ARE ALSO IN THE BARREL RETENTION FACILITY THAT'S AT THE NORTHEASTERN CORNER OF THE SITE. UM SO THE GOAL WAS TO STRATEGICALLY PLANNED AROUND THE PERIMETER OF THE PROPERTY TO CREATE THAT LANDSCAPE OFFER AND TO CREATE A SITE THAT'S MORE PLEASING AS AS YOU'RE DRIVING BY AND DRIVING INTO THE SITE. WE DID RECEIVE SOME COMMENTS FROM THE BOARD LANDSCAPE ARCHITECT, WHICH WE PLAN TO ADDRESS AS A CONDITION OF PRELIMINARY APPROVAL AS WELL. UM I'D LIKE TO BRIEFLY TOUCH ON THE SIGNAGE. UM SO. I MENTIONED PREVIOUSLY THE TWO WALL MOUNTED SIGNS START WITH THAT. SO THERE IS 11 SIGN THAT'S MOUNTED ON ALONG THE FRONT FACADE ON THE WESTERN FACADE. IT'S 24 SQUARE FEET IN SIZE. UM WHERE'S 30 SQUARE FEET, IS ACTUALLY PERMITTED FOR THE FIRST SIGN. UM THE SECOND SIGN IS ON THE SOUTHERN FACADE, WHICH FACES GEORGETOWN, FRANKLIN TURNPIKE. THAT SIGN IS ALSO 24 SQUARE FEET IN SIZE, WHEREAS A MAXIMUM OF 2020 SQUARE FEET IS PERMITTED FOR A SECOND SIGN. SO WE'RE ASKING FOR VARIANTS RELIEF. FOR THE AREA OF THAT SECOND SIGN. I'M JUST CURIOUS IF BOTH OF THEM ARE 24 SQUARE FEET, CORRECT, CORRECT. SO EVEN THOUGH I UNDERSTAND WHAT YOU'RE SAYING ABOUT THE FIRST SIGN HAS A

[01:15:02]

I WOULD LIKE TO ACTUALLY CRACK SOME NUMBERS HERE, AND I APOLOGIZE IF I COULD STRIKE THAT FROM THE RECORD, SO THE SIDES ARE ACTUALLY 24.94 SQUARE FEET, BOTH OF THEM, AND THE MAXIMUM PERMITTED FOR THE FIRST SIGN IS 37.5 SQUARE FEET, SO I APOLOGIZE FOR THAT. AND WHAT'S THE MAXIMUM FOR THE 2ND 20? SO COMBINED. THAT'S ROUGHLY 20. A LITTLE BIT MORE THAN 20% LESS THAN IF YOU WERE TO COMBINE THE TWO SIGNS. SO IN ADDITION TO THOSE TWO SIGNS, THERE IS A GROUND MONUMENT SIGN PROPOSED THAT THE DRIVEWAY ENTRANCE. UM THE SIGN IS DESIGNED TO BE COMPLIANT WITH THE TOWNSHIP SIGNAGE ORDINANCE. IT'S 23 SQUARE FEET IN SIZE, AND IT'S 6 FT IN HEIGHT, AND IT'S SET BACK FROM THE RIGHT AWAY 10 FT. JEFFREY ARE YOU GOING TO TAKE US THROUGH? EXHIBIT A THREE? YES. SO THIS LITTLE. I WANTED TO CONCLUDE WITH DISCUSSING EXHIBIT A THREE AND MY DIRECT IT RELATES REALLY TO THE ARCHITECTURE, TEXT TESTIMONY THAT'S FORTHCOMING AS WELL, UM, JUST FOR THE RECORD EXHIBIT. A THREE IS THE BUILDING PROFILE EXHIBIT PREPARED BY DYNAMIC DATED MAY 23 2023. YES, THAT'S CORRECT. SO THIS EXHIBIT SHOWS REALLY SOUTHERN SOUTHERN HALF OF THE SITE, UM WITH THE NORTH ERA POINTS TO THE TOP OF THE PAGE AS WELL. IT SHOWS ON THE TOP OF IT THE PLAN VIEW UM, OF THE MELBOURNE SCHOOL SITE, AND ON THE BOTTOM IS THE CROSS SECTION VIEW. SHOWING HOW THE SITE GRADES FROM WEST TO EAST. UM SO THE PURPOSE OF THIS EXHIBIT WAS TO DEMONSTRATE HOW THE GRADING OF THE SITE. RESULT RESULTS IN, UM EXACERBATING THE D SIX HIGH PARENTS THAT WERE REQUESTING TODAY. UM JUST TO, YOU KNOW, MENTIONED AGAIN, THE SITE CREATES FROM WEST TO EAST 21 FT GRADE DROP ACROSS THE PARCEL. UM SO THAT PRESENTS AN ADDITIONAL CHALLENGE BECAUSE WE'RE LIMIT WHERE LIMITED BY WHAT WE CAN BRING THE FINISHED FLOOR OF THE FACILITY DOWN, AND THAT'S THE CALCULATION OF BUILDING HEIGHT IS BASED UPON REDEVELOPMENT.

GREAT AS WELL. SO I CAN READ THAT DEFINITION REAL QUICK JUST TO EXPLAIN HOW WE'RE COMING UP TO THE CALCULATION. QUICK, READ IT SLOW. UM THE ORDINANCE SECTION. IT'S WITHIN THE DEFINITIONS OF THE LAND USE SECTION. OKAY, SO WHAT'S THE THAT'S 16 DASH? AND C 16 DISH 2.1. THIS IS THE DEFINITION OF WHAT HEIGHT BUILDING HEIGHT DEFINITION OF BUILDING. HATE.

OKAY, NICE AND SLOW. SO BUILDING HEIGHT SHALL MEAN BE VERTICAL DISTANCE MEASURED TO THE HIGHEST POINT OF A BUILDING. FROM THE MEME ELEVATION OF THE FINISHED GRADES. ALONG ALL SIDES OF THE BUILDING. RIGHTED THAT IF THE FINISH GRADE IS HIGHER THAN PRE DEVELOPMENT CREATED AT ANY POINT BENEATH THE BUILDING, AND THE BUILDING HEIGHT SHALL BE MEASURED FROM AN ELEVATION. NO HIGHER THAN 1 FT. ABOVE THE HIGHEST POINT OF PRE DEVELOPMENT GRADE BENEATH THE BUILDING. WE HAVE VERY LAST PART AGAIN IN NO. THEN THE. THE BUILDING HEIGHT SHALL BE MEASURED FROM AN ELEVATION NO HIGHER THAN 1 FT ABOVE THE HIGHEST POINT OF PRE DEVELOPMENT GRADE BENEATH THE BUILDING. SO IF SOMEONE PUT A STATE MEASURE AT THE FINISH GRADE. AFTER ALL, THIS STILL AND THEY TOOK THE TAPE TO THE PEAK OF THE ROOF. HOW HIGH WOULD THE BUILDING B BUT SO THAT THE BUILDING WOULD BE 37.17 FT. HIGH. YEAH. OKAY? YEAH. HEY I'M NOT ASKING HOW IT'S MEASURED.

ACCORDING TO THAT DEFINITION. MM EXPLAIN HOW YOU MEASURE THE BUILDING, ACCORDING TO THAT

[01:20:03]

I'M SORRY. THE NORTHERNMOST SIDE OF THE FACADE. SO IT DOESN'T IT'S HARD TO SEE IT HERE. BUT IF YOU IF YOU GO UP TO THE TOP THAT THE ACCESS THAT IS DRAWN THROUGH IS THE HIGHEST POINT OF PRE DEVELOPMENT GRADE BENEATH THE BUILDING. I GOT TO GO BACK TO THIS HEIGHT THING AGAIN. I THOUGHT YOU SAID IN THE VERY FIRST VARIANCE SAID. WHAT'S THE MAXIMUM HEIGHT FOR THE BUILDING? YOU SAID 30 FT. CORRECT. CORRECT. AGAIN I SAID, WHAT'S THE PROPOSED HEIGHT? I THOUGHT YOU SAID MAYBE I WROTE IT DOWN WRONG 34.8 TO THINK YOU WROTE DOWN. IT WAS 40, RIGHT? AH IT WAS 41.82 DOWN WRONG, 41.82. SO THAT EXCEEDS THE HEIGHT. BY 10 FT AND 10. CORRECT. YEAH THERE'S N I ASKED. YOU DID IT ONLY EXCEEDED BY 10% THAT'S WHY I AM SO SCREWED UP WITH THE HEIGHT OF THE BUILDING. SO ONE MORE TIME. I UNDERSTAND MAXIMUM HEIGHT. 30 PROPOSES 41.82 FT. UNDER THE ORDINANCE, DEFINITION OF BUILDING HEIGHT, CORRECT CORRECT. IF YOU DIDN'T HAVE THAT ORDINANCE DEFINITION OF BUILDING HEIGHT. AND YOU JUST USED IT AVERAGE GRADE AROUND THE BUILDING. WHAT WOULD THE BUILDING HEIGHT DAY? 37.17 FT. ALL RIGHT NOW. I UNDERSTAND, AND I HOPE I WILL REMAIN UNDERSTANDING IT GREAT. I'M STILL CONFUSED BY THE AXIS HERE, BECAUSE IF YOU IF YOU IF YOU LOOK AT THE BOTTOM OF THE OF THE BUILDING HERE, IT LOOKS LIKE IT'S IN APPROXIMATELY 140 UNITS . I DON'T KNOW WHAT THAT IS. AND THEN, IF YOU LOOK AT THE PEAK OF THE BUILDING, IT LOOKS LIKE IT'S APPROXIMATELY 158 UNITS. WHAT WHAT? WHAT IS 158 100 POINT? THE REASON I'M ASKING IS I'M TRYING TO DETERMINE HOW HOW, UM CALL THE BUILDING MIGHT APPEAR IF ONE WERE STANDING AT THE OTHER THE LOWER SIDE OF THE PROPERTY. HMM. UH, SO YEAH. YOU SEE WHAT I'M ASKING? I'M I. IT'S THE YEAR YOU HAVE 37.17 FT. THERE BUT I DON'T I CAN'T MATCH THAT UP WITH SCALE ON THE RIGHT SIDE. OR THE LEFT SIDE. I DON'T KNOW. I DON'T. I'M CONFUSED. YEAH I HAVE A FULL PRINT OF THE EXHIBIT. I MIGHT HAVE TO PULL IT OUT JUST TO TAKE A LOOK AT IT. LAY IT OUT AND SCALE IT OFF. UM OKAY, I'M I'M NOT FROM THIS IS THE FIRST TIME I THINK WE'VE SEEN A PROPERTY

[01:25:07]

SO I MEAN, LIKE THAT ASSESSMENT OF I THINK WHAT THE HEIGHT OF THE BUILDING IS. I KNOW THAT THE DEFINITION AND YOU AGREE WITH THE DEFINITION THAT THAT THAT THAT HAVE USED THE 1 FT. ABOVE THE PRE DEVELOPMENT GREAT, UNDERSTAND THEY WOULD. I WAS TRYING TO SEE IF THEY DIDN'T USE THAT DEFINITION AND WENT WITH THE AVERAGE GRADE WHETHER THEORETICALLY WOULD BE C VARIANT . IT'S STILL A D SIX VARIANTS. I AGREE. I AGREE WITH THAT. I'M I'M I'M JUST TRYING TO INTERPRET THE SCALE OF THE SIZE OF THE BUILDING, ALMOST STANDING AT THE PROPERTY. THEY NEED A SIGHT LINE DRAWING. YEAH I THINK SO. SIGHTLINE DRAWING, YOU'D BE ABLE TO SEE WHAT IT WOULD LOOK LIKE FROM THE PROPERTY LINE, MR CHAIRMAN. FROM THE ROAD JUST TO GIVE SOME PERSPECTIVE. MAYBE THE GET IT DOWN. JUST LIKE. CENTER. CHIP THAT'S ACTUALLY THE PROPERTY LENGTH RIGHT TO LEFT.

CENTER UNDER RIGHT NOW. SO A CAR ON BREAK NOW. DARE I? THAT ELEVATIONS AROUND 1 47 OR SO THAT DRIVER'S EYES NOT 1 50. AT THE TOP OF THE BUILDING. CORRECT CORRECT. SORRY RESPECTIVE WITH YOU SEE, BASICALLY FEET HIGHER. WELL DID THAT THAT CAN'T BE BASED ON MY PREVIOUS QUESTION.

THE UNITS OF THIS SCALE DON'T MAKE SENSE BECAUSE IT SAYS 37, AND IF YOU LOOK AT THE PROPERTY LINE TO THE EAST THE YOU KNOW THE BUILDING. IF YOU TAKE THE TOP OF THAT NUMBER AND SUBTRACT 37.17 FROM THAT SIDE, IT'S THAT WOULD GO DOWN ALL THE WAY. TO THE BOTTOM. RIGHT ON YOU. IS A RETAINING WALL THAT RACE DESPITE THE PROBLEM. TO THE GROUND ELEVATION. FROM 1 20. 2020 FOR WHAT? I IT'S JUST IMPOSSIBLE. LOT OF THINGS. FEET. WELL 1 24 1 20 PLUS 37 IS 157 RIGHT? SO 37 FT. THAT THAT IT'S NOT THAT I DIDN'T THE SCALE IS WRONG ON HERE, AND IT'S DECEIVING THE VERTICAL SCALE YOU'RE SAYING, YEAH. 39.5. WE CALL TOPICS. 21. 70 YEAH, SO THE VERTICAL SCALE IS THE WAY THAT IT WAS COPIED INTO THE IMAGE. I BELIEVE, YEAH. TRYING TO BE. I DON'T WANT TO NOT TRYING TO CATCH ANYBODY. I JUST JUMPED TRYING TO GET AN ASSESSMENT OF WHAT THE BUILDING WILL LOOK LIKE. YEAH. THAT'S WHERE IT TALKS. OKAY? MHM VERY FRIENDLY. HE TALKED, BUT IT SHOULD STILL EVEN ROAD NINE. RIGHT? THAT'S RIGHT. YEAH. IT. IN EVERY CASE. YEAH. YEAH IF WE COULD. THANK YOU, UH, WE COULD SEE A CORRECTED EXHIBIT. ABSOLUTELY. DREAMING DOESN'T. MR DRILL. CAN WE AGREE THAT THE POINT OF ALL THIS? SECTION. IS THAT FROM THE STREET? BECAUSE THE BUILDING IS IN A HOLE. IT DOESN'T APPEAR. TO BE EXACTLY WHAT IT LOOKS LIKE. ABOVE YOUR ORDINANCE REQUIREMENTS OR ABOVE. YOU OTHER. STRUCTURES BUILDINGS IN THE AREA. I USE OF PRE

[01:30:02]

AND SO I THINK IT'S IMPORTANT THAT WE HAVE A SIGHT LINE. UM SCHEMATIC FROM FROM A, PARTICULARLY FROM THE EAST LOOKING WEST. SHORT YEAH, I CAN TELL YOU WE'VE HAD DISCUSSIONS WITH THAT PROPERTY ON HER. WE HAVE. WE HAVE DON'T KNOW WHO THAT PROPERTY OWNER IS. YEAH THE ENGINEER ACT ENGINEERING, RIGHT ? THAT IS CORRECT. YEAH YOU TELL HIM DIDN'T HAVE AN ISSUE WITH HYPE. THEY HAD AN ISSUE WITH. WELL, TWO ISSUES WE SAID WE COULD ACCOMMODATE IF THE BOARD AGREED. WHAT WERE THOSE TWO ISSUES, JEFF? SURE I HAD HAD A DISCUSSION WITH THE ADJACENT PROPERTY OWNERS. ENGINEER. UM WITH ACT ENGINEERING, AND THEY HAD A COUPLE OF REQUESTS.

ESSENTIALLY ONE ITEM THEY WANTED TO DO IS PLACE. THAT THERE'S A SANITARY MANHOLE THAT I EXPLAINED BEFORE THE EXTENSION COMING FROM TAMWORTH DRIVE. THEY WANT TO MOVE THAT MANHOLE INTO THE PUBLIC RIGHT OF WAY OF THE TOWNSHIP ENGINEER WOULD ACCEPT THAT SO THEY COULD POSSIBLY CONNECT THERE IN THE FUTURE. UM FOR WHENEVER THEY COME IN WITH THE DEVELOPMENT APPLICATION, UM THE OTHER REQUEST WAS AND I HAVE IT WRITTEN DOWN AND IT WAS, UM IS IT IS THE TOWNSHIP ENGINEER OR THE BOARD ENGINEER AWARE OF THIS. WHICH IS SHOWN ON AN EXHIBIT. IT'S YEAH, I BELIEVE, HE ADDS, RIGHT AT THE NORTHERN END THERE. RIGHT NEAR THE CROSS. WALK A LITTLE BIT TOO. YEAH. SO THIS IS EXHIBIT A TWO. OKAY BUT WHAT LOCATION IS THAT MANHOLE IN NOW? THE LOCATION YOU PROPOSAL LOCATION, THE NEIGHBOR MONDRIAN , THE LOCATION THAT WE HAD PROPOSED WITH THE SITE PLAN DESIGN. OKAY AND THE NEIGHBOR WANTS THAT IN ANOTHER LOCATION. CORRECT. I'M ASKING IF YOU AS THE BOARD ENGINEERS ARE AWARE THAT THE NEIGHBOR WANTS IT MOVED. OKAY TOWNSHIP ENGINEER AWARE OF THAT, DO WE KNOW? OKAY AND WHAT? WHAT ELSE DID THEY WANT? THE NEIGHBORHOOD. I DON'T RECALL IT WAS IT WAS A VERY MINOR. REQUEST UM, I'M SORRY. YES THAT'S RIGHT, AND THAT'S WHAT WE HAD AGREED TO EXTENDING THE SIDEWALK TO THE EASTERN PROPERTY LINE, WHICH WE HAD ALREADY AGREED TO. SO WHEN WERE YOU GUYS PROPOSING TO MAKE THOSE CHANGES BECAUSE YOU NEED BOARD APPROVAL IF THE BOARD GRANTED PRELIMINARY STATE PLAN APPROVAL FOR ARGUMENT'S SAKE. AND THEN YOU CAME IN FOR FINAL AND THINGS WERE MOVED. IF IT'S A SUBSTANTIAL MOVE, YOU HAVE TO GET AN AMENDED PRELIMINARY BUT INSUBSTANTIAL IS THE GUY TALKING ABOUT A COUPLE OF FEET OR IS IT LIKE MORE THAN A 10 OR 20% MOVEMENT IN FEED? WE'RE TALKING ABOUT A FEW FEET WERE JUST MOVING IT RIGHT OVER THE PROPERTY LINE INTO PUBLIC RIGHT OF WAY. THE OTHER. THE OTHER ASK WAS TO EXTEND THE SIDEWALK TO THE PROPERTY LINE, WHICH WHICH IS WHAT WE HAD DISCUSSED HERE TO GET RID OF THE EXCEPTION. HEY, BUT. I THINK THE CHAIRMAN'S QUESTION IS, I THINK HE WANTS TO SEE IT. THE NEIGHBOR MIGHT BE PERFECTLY FINE WITH IT, BUT THEY GOTTA THAT DOESN'T MEAN THAT THE BOARD HAS TO BE PERFECTLY FINE WITH IT. THEY THEY WANT US. THEY WANT TO SEE WHAT THE IMPACT IS GOING TO BE. I WAS ASSUMING INCORRECTLY THAT IF HEIGHT IF YOU DIDN'T HAVE TO MEASURE HEIGHT. BY TAKING INTO ACCOUNT THE GRADE THAT YOU HAVE TO FILL. I WAS ASSUMING INCORRECTLY THAT IT WOULD BE A C HEIGHT VARIANTS , NOT A D SIX. AND I WAS WRONG. IT'S STILL NEED A D SIX. SO THAT'S WHY I BELIEVE THAT THE CHAIRMAN'S WELL WITHIN YOU KNOW THE BOARD'S DISCRETION FROM THE EXISTING GRADE, BUT MY POINT WAS HOW IT PRESENTS, RIGHT? THAT'S WHAT HE WANTS TO DIFFERENT, RIGHT. THAT'S WHAT HE WANTS TO SEE. WELL WE KNOW HOW IT PRESENTS FROM THREE ANGLES. BUT HE'S SAYING YOUR WITNESS JUST JUST TESTIFIED, EXHIBITING CORRECT. THAT'S WHAT HE SAID HE THERE WAS AN INADVERTENT MISTAKE . THE SCALE IS WRONG. THAT'S WHAT HE SAID. YEAH OKAY, THAT'S

[01:35:05]

THANK YOU. THANK YOU. THANK YOU. SO UM, JUST FOR ME TO BE CLEAR. THIS IS LESSONS LEARNED FROM FROM PREVIOUS, UM, APPLICATIONS SO. THERE WILL BE TIME FOR THE PUBLIC TO MAKE YOUR OPINION KNOWN ABOUT THIS. THIS APPLICATION. THERE WILL BE TIME FOR THAT. THE ONLY POINT OF ME ALLOWING THE PUBLIC TO ASK QUESTIONS WILL BE IS FOR QUESTIONS THAT WERE DIRECTLY GIVEN BY THIS WITNESS. UH FOR HIS STATEMENTS, RIGHT? SO HE'S SAYING DON'T TRY TO MAKE YOUR POINTS. JUST ASK QUESTIONS OF THE WITNESS BASED ON WHAT THE WITNESS TESTIFIED TO WE DO SO THE WITNESS IS GOING TO HAVE A MICROPHONE IN FRONT OF HIM AND MEMBERS OF THE PUBLIC AND COME UP. IDENTIFY YOURSELF, EVEN THOUGH YOU ALREADY DID BEFORE WITH YOUR ADDRESS, AND THEN YOU ASK THE QUESTIONS RIGHT INTO THE MICROPHONE SO THEY CAN HEAR YOU IN THE BACK. OKAY. YOU READY? YEAH, AND I JUST JUST ONE MORE COMMENT TO IS IF THE QUESTIONS BECOME UNDULY REPETITIVE IN

[01:40:04]

YEAH. UH GOING BACK TO DAVIS ADDRESS ANDREW DAVIS. UM. ON LOT MINIMUM LOT SIZE THE 2.0. FOR ACRES FOR BOTH COMBINED VERSUS THE THREE TOTAL. I'M JUST CONFUSED ABOUT. THE SEQUENCING OF COMBINING A LOTS FIRST. AND THEN LOOKING AT THE MEASUREMENTS VERSUS DO THESE USES HAVE TO BE ADDRESSED BASED ON EXISTING LOT LINES, AND THAT IS LEGAL QUESTIONS TO ASK THIS WITNESS.

OKAY THEN THE QUESTION IS, LET ME LEGALLY. THEY HAVE TWO LOTS. THEY PROPOSED TO DEVELOP THOSE LOTS, THEY SAID, BY MERGING THEM SO UNDER THE LAW, THE BOARD CONSIDERS THE PROPERTY INCLUDES THE TWO LOTS BASED ON THE FACT THAT THEY'RE GOING TO MERGE THEM, SO THAT'S WHY THERE IS SEEKING A VARIANCE FROM THE THREE ACRES THAT YOU NEED FOR TWO PRINCIPAL USES ON A LOT IF THEY HAD THE TWO SEPARATE LOTS. AND THEY HAD TWO SEPARATE USES. THEY MIGHT NEED A BUNCH OF OTHER VARIANCES, BUT THEY WOULDN'T NEED THE LIGHT AREA OF AREAS BECAUSE THEY'RE MERGING THE LOTS FROM 2 TO 1. THE ORDINANCE SAYS. IF YOU HAVE TWO PRINCIPAL USES ON ONE LOT, WHICH IS WHAT THEY'RE PROPOSING, YOU NEED A MINIMUM OF THREE ACRES, AND WHEN THEY COMBINE THE TWO LARGE, THEY HAVE 2.04 ACRES. THAT'S LEGALLY WHERE THEY ARE. SO NOW ASK HIM ANY QUESTIONS ON HIS TESTIMONY.

OKAY, SO WHAT COMES FIRST. THE COMBINATION OF THE LOTS OR YOU JUST ASSUME THE COMBINATION OF THE LOSS OR THE EXPLAINED THEY STIPULATED AT THE BEGINNING. IT WAS THE CONDITION OF APPROVAL WITH THAT. THAT WAS THAT THE ACTUALLY, YES, BASED ON THEIR CONDITION OF OUR APPROVAL, THEIR PROPOSAL IS MERGED THE LOTS SO THE BOARD HAS TO CONSIDER THE ONE LOT AS IF IT'S MERGED. WHO THE QUESTION IS, WHO GRANTS PERMISSION TO MERGE THE LOTS. THIS BORDER SOMEBODY ELSE DON'T NEED PERMISSION TO MERGE A LOT. YOU NEED SUBDIVISION APPROVAL TO DIVIDE A LOT. YOU DON'T NEED SUBDIVISION OR ANY APPROVAL TO MERGE ALONG. THAT'S THE ANSWER, OKAY? SECOND QUESTION IS LOADING ZONE AREA FOR THE SCHOOL. I WROTE DOWN HERE. WHY IS THERE NO LOADING? BUT MAYBE I'M MISTAKEN . THERE IS A LOADING AREA FOR CARS TO COME IN AND DROP STUDENTS OFF. IS THERE THERE WILL BE OPERATIONAL TESTIMONY BY THE BY THE MELBOURNE OPERATIONAL TEAM THAT WILL EXPLAIN THE OPERATIONS OF HOW THAT FUNCTIONS ON SITE, ALL RIGHT. THE REST OF MY QUESTIONS PROBABLY WILL WAIT UNTIL WE GET FURTHER TESTIMONY. THANK YOU, MR DAVIS. APPRECIATE IT. YES, MA'AM. AND IF YOU JUST STATE YOUR NAME AND YOUR ADDRESS, PLEASE, COULD YOU JUST TRY TO LIKE FOR YOU? I'M ELIZABETH PAY ALIAS, AND I HAPPENED TO BE SOMEWHAT FAMILIAR WITH THIS WHOLE THING BECAUSE I'M ON MONTGOMERY LANDMARKS COMMISSIONS. HAVE ALL THE PLANS . ARE YOU SPEAKING ON BEHALF OF YOURSELF AS A CITIZEN? REALLY? FOR LANDMARKS, BUT I AM SPEAKING. BECAUSE IT'S IMPORTANT TO DISCUSS SOMETHING WHICH AFFECTS NOT ONLY PEOPLE NEARBY, BUT EVERYBODY. HOLD ON. HOLD ON.

HOLD ON, HOLD ON, HOLD IT! HOLD IT! HOLD IT. YOU CAN'T MAKE COMMENTS RIGHT NOW. YOU JUST HAVE TO ASK QUESTIONS. IF YOU WANT TO MAKE COMMENTS LIKE THAT THAT'S GOING TO BE AFTER ALL.

THE WITNESSES ARE DONE. THE CHAIRMAN IS GOING TO CALL UP EVERYBODY AND SAY IF YOU WANT TO TELL THE BOARD OF CONCERN OR SOMETHING, I'M GOING TO SWEAR YOU IN AND YOU'LL TELL HIM BUT NOT NOW. QUESTION AND THEN MAKE MY COMMENTS. YOU CAN'T MAKE YOUR COMMENT NOW. I ASKED MY QUESTION QUESTIONS, MA'AM. MY QUESTION IS YOU'RE STORMWATER MANAGEMENT PLAN. IT IS DESIGNED, ACCORDING TO THE THANK YOU. FLOOD. THE 100 YEAR FLOOD. HOWEVER MR JULIUS COME DOWN HAS GONE. EXCEEDING.

THAT MEASURE OF RAIN. SO YOU'RE GOING TO HAVE PROBLEMS WITH THE WITH THE BASIN. I'M SORRY. I DON'T THINK ANYBODY CAN HEAR YOU. MA'AM I AM SORRY TO INTERJECT, BUT I DON'T THINK ANYBODY CAN HEAR YOU. IF YOU COULD JUST SPEAK INTO THE MICROPHONE, PLEASE. I'M SORRY.

IT'S A LITTLE AWKWARD. YEAH. TALK. TO OKAY, YOU'RE ASKING ME, OKAY? YES THE BIO DETENTION BASIN IS DESIGNED TO THE NEXT, UM 100 YEARS. 100 YEARS. 100 YEAR STORM EXCEPT YOU TALK ABOUT

[01:45:06]

OKAY OKAY, OKAY TO THE NORTHEAST TO WHERE IT DOES IN THE EXISTING CONDITION. WHERE DOES IT GO? AS IT FLOWS TO THE NORTHEAST, CORRECT. WHERE IS IT? GO AFTER IT FLOWS TO THE NORTHEAST. I'M GONNA BE HERE TO INTERPRET. DOES IT GO INTO BEATON'S BROOKE GOES INTO THE BROOK. NO WAY RIGHT OF WAY INTO THIS CONVEYANCE SYSTEM . STORMWATER CONVEYANCE SYSTEM MAIN SOMEPLACE, WHICH GOES WHERE YOU GOT TO GO SLOW. LOUD JUST LIKE SHE'S GOT TO GO SLOW AND LOUD, SURE SHOULD TELL HER AGAIN . WHERE IS THE WATER? GO IF IT OVERFLOWS BASIS, IF IT IF IT OVERFLOWS THE BASIN. SORRY FRANK . THE RUNOFF OVERFLOWS OVER A SPILLWAY AND TRAVELS OVER LAND TO THE NORTHEAST TOWARDS THE RIGHT OF WAY OF CORRECTIONAL RATE OF WAY THERE IS INFRASTRUCTURE. IN THAT RIGHT OF WAY THAT COLLECTS STORMWATER RUNOFF, SO AND WHERE THAT GOES, IT CONVEYS IT FURTHER DOWNSTREAM . UM I HAVEN'T ANALYZED THAT AS PART OF MY REVIEW BECAUSE IT WASN'T REQUIRED AS PART OF OUR DESIGN. OKAY, SO NOW LOOK AT ME FOLLOW MM. I'M SORRY. I DON'T UNDERSTAND WHAT YOU'RE SAYING.

THERE'S WATER. THERE'S EXCESS WATER. YOU HAVE TO MOVE IT OFF THE PROPERTY, AND IT'S GOING INTO A SYSTEM WHICH IS TAKING IT SOMEPLACE ELSE. BUT YOU'RE NOT TELLING ME WHERE THAT WATER IS ENDING UP. SHE'S HE SAID, IN A STREAM IN WHAT STREAM? ULTIMATELY IT ENDS UP IN ANY STREAM. IN THIS CASE, IT MOST LIKELY IS BEING HIS BOOK. UM I DON'T HAVE THE EXACT ANSWER RIGHT NOW. BUT THAT WASN'T PART OF MY ANALYSIS AND DESIGN AND HOW MUCH WATER DO YOU EXPECT TO BE ABLE TO MOVE TO SOME STREAM SOMEWHERE? I'M NOT SURE I CAN ANSWER THAT QUESTION. I'M SORRY . I DESIGN DESIGNED THIS SINGULAR SITE. BASED ON THE IMPERVIOUS COVERAGE AND WHAT WE HAD TO DETAIN ON SIGHT PURSUANT TO REGULATIONS THAT I HAVE TO FOLLOW AS A AS A LICENSE ENGINEER FROM FROM A MAN FROM A MANAGEMENT POINT OF VIEW FOR THIS TRACT, WOULD IT NOT BE? BETTER TO DESIGN A SYSTEM THAT KEEPS THE WATER ON SITE. EVEN. FOR WHAT WOULD COME DOWN IN 100 YEAR STORM IN REALITY, NOT IN. THIS STANDARD WHICH EXISTS NOW, WHICH IS EVERYBODY KNOWS IS TOTALLY INADEQUATE AND WHICH THE COMMISSIONER HAS RECENTLY SAID THEY'RE CHANGING THE STANDARD.

HE HASN'T GOTTEN THERE YET. THAT IS A GREAT QUESTION. UM UNFORTUNATELY, I TESTIFIED TO THIS EARLIER. THE SOIL IS ON SITE DO NOT INHIBIT ANY INFILTRATION CHARACTERISTICS SO WE CAN'T JUST HOLD STORMWATER RUNOFF IN PERPETUITY. WE HAVE TO DETAIN IT AND RELEASE IT OFF SITE. WHY CAN'T YOU? WHY CAN'T YOU KEEP THE WATER ON SITE? BECAUSE IT WILL NOT INFILTRATE INTO INTO THE SUBSURFACE SOILS BY INCREASING THE SIZE OF YOUR BIO DETENTION BASIN. WOULDN'T THAT BE A REASONABLE SOLUTION? THE ONLY WAY TO FROM A HYDROLOGIC. STANDPOINT, THE ONLY WAY TO RELEASE RUNOFF OR GET RUN OFF OFF SITE IS TO INFILTRATE IT. TO THE SUBSURFACE SOILS AND INTO THE GROUNDWATER TABLE. IN THIS CASE THAT IS NOT POSSIBLE SITE ON SITE. WHERE NEAR, I THINK IS INDICATING HE WANTS TO SAY SOMETHING, PLEASE. YES. DEFECATING OBJECTIVE. IF THE

[01:50:07]

SUNFLOWER. SO IT'S ACTUALLY BECAUSE FLOODING IS BASICALLY A FUNCTION. TOM RIGHT. WATERFALLS PATIENT ISN'T THERE ALWAYS WANTED RUSHES OUTSIDE. AND FLAT. SO HOW DO YOU. ARE YOU ADDRESSING FUNDING STREAM CONTAINING AT LEAST THE WATER. BY THE SITES HAVE THAT REQUIREMENT. SO IF IT WILL LET YOU REDUCE THE RATE OF RAMALLAH. UM. THE COMMISSION. THANKS.

SHOWING OFF, WOULDN'T THE COMMUNITY IN GENERAL THE BETTER OFF INSTEAD OF DEALING WITH. A MEASURED RUNOFF TO SAY, LET'S NOT HAVE ANY RUNOFF AT ALL. LET'S KEEP ALL THE STORM WATER ON THE SITE. IT'S BEING DEVELOPED A REALISTIC UM BECAUSE WHAT HAPPENS ESPECIALLY ON THE SITES LIKE THIS, WHERE THE SOILS ARE. AND THEY DON'T NO INFILTRATION INTO THE GROUND.

YOU BASICALLY HAVE A LINK ON SITE. NO, COME UP. HE WEREN'T STAYS ON SITE. ON THE SITE WHERE IT CANNOT INFILTRATE INTO THE GROUND LIKE THIS SITE, IT WOULD CREATE A LAKE. IF YOU DON'T IF THEY DON'T TAKE THE WATER OFF THE SITE. THAT'S WHAT HE SAID. IS THAT WHAT YOU SAID? IT WAS WONDERFUL. THE SECRETARY. I HAD A TALK HERE, RIGHT? THE WATER WILL JUST KEEP KILLING UNTIL YOU FILLING BECAUSE IT'S NOT GOING ANYWHERE. THE WATER HAS TO GO SOMEWHERE. WE CAN'T FIGHT ISN'T SUITABLE SITE FOR THIS AMOUNT OF DEVELOPMENT. CAN I ASK A QUESTION? I READ YOUR MEMO, AND I THINK THE BOARD READ YOUR MEMO. WHAT WERE YOUR CONCLUSIONS IN YOUR MEMO AND YOUR REVIEW OF THE STORM WATER MANAGEMENT PLAN THAT THE APPLICANT PROPOSED ACTUALLY DESIGN COMPLYING WITH THE TOWNSHIPS ORDINANCE AND WITH THE GDP REQUIREMENT. OH, THANK YOU. RIGHT UM, IT APPEARS THAT THE MR SANDS. JEFF SANDS, NINE BRISTOL COURT. UM JUST JUST A FOLLOW UP QUESTION. CAN YOU TELL ME WHAT PERCENTAGE OF THE SITE IS CURRENTLY PERMISSIBLE PERMISSIBLE. AND WHAT PERCENTAGE OF THE PROPOSED SITE REMAIN PERMISSIBLE. SO. REFORM THE NUMBER OF TEST PITS THROUGH THE SITE BASED ON EVERY SINGLE TEST PIT THAT WE'VE DONE ON SITE. THE SITE HAS NO PERMEABILITY IN THE EXISTING CONDITION FROM NO NONE. MY UNDERSTANDING IS THAT THE SIDE CURRENTLY IS IT'S PRIMARILY IT'S IN LARGE PART OF WOODED AREA AND ITS LAWN AND ITS SOIL TO MY CORRECT IN THAT, SURE, SO IT MIGHT YOU KNOW, PIRKLE. IT'LL BIT THROUGH THE GRASS, BUT THE UNDERLYING SOILS DO NOT INHIBIT ANY INFILTRATION CHARACTERISTICS WHATSOEVER. THAT'S WHAT YOU'RE SAYING IS 100% NON PERMEABLE, CORRECT. OKAY SO WHAT PERCENTAGE OF THE SO I GUESS WHAT? WHAT PERCENTAGE OF THE SITE WILL BE PERMANENT. OH, GIVEN THIS PROPOSAL. SO WHAT WE'RE PROPOSING IS ABOUT RETENTION BASIN FACILITY UP AT THE NORTHEASTERN CORNER OF THE SITE THAT CONTAINS A 2 FT. SOIL MEDIA IF YOU WILL ALL RUN OFF FROM THE SITE OR A MAJORITY OF RUNOFF FROM THE SITE AS TRIBUTARY TO THAT BAR RETENTION FACILITY. PERKS THROUGH THAT SOIL MEDIA LAYER, WHICH AFFECTS EFFECTIVELY TREATS IT TO MEET THE WATER QUALITY REQUIREMENTS THAT ARE SET FORTH BY THE STATE AND BY THE TOWN SUBORDINATES. SO A PURCHASE THROUGH THERE, BUT IT'S COLLECTED BY AN UNDER DRAIN SYSTEM. SO THAT IT RELEASES IT AT A CONTROLLED RATE. OUT TO INFRASTRUCTURE THAT'S LOCATED OFF SITE. OKAY. OKAY. THANK YOU. YEAH. YEAH. PULL THE MIC DOWN TOWARDS YOU. THAT'S IT. YEAH WE'RE TRYING TO APPORTION. OKAY UM, WHAT'S YOUR NAME AGAIN? CANDY WILLIS KNICKERBOCKER DRIVE. UM MY QUESTION HAD NOT TO DO WITH STORMWATER MANAGEMENT,

[01:55:05]

SEE ROUGHLY 10 TO 15 FT DEPENDED ON WHICH WALL WE'RE SPEAKING ABOUT. OH IT'S NOT A WALL ON THE HOLY SIDE. THE TWO SEPARATE WALLS. THERE'S ONE BEHIND THE MALVERN SCHOOL. ON THE SOUTH SIDE OF DEVELOPMENT, AND THERE'S ONE WALL THAT WE'RE CALLING THE BASIN WALL THAT SURROUNDS THE STORM WATER BASIN ON THE NORTH SIDE. AND THEY'RE ABOUT TO 11 FT. 11 FT. TALL OR SEPARATED FROM THE PROPERTY LINE. 11 FT. TALL. SO THE NORTH WALL, WHICH IS THE BASIN WALL, GETS UP TO 12 FT IN HEIGHT. THE SOUTH WALL BEHIND THE SCHOOL IS BETWEEN 8 TO 10 FT. IN HEIGHT, IT VARIES BASED ON EXISTING GRADE BEHIND THE SCHOOL. OKAY THANK YOU. QUESTION. THANK YOU SO MUCH.

LOOK, WE HAVE WE HAVE ONE MORE. I'M SORRY. MY NAME IS JIM IRISH. I LIVE IN MONTGOMERY TOWNSHIP.

AND. LOTS AND LOTS OF COMMENTS. BUT CAN YOU PICK UP THAT? CAN YOU TALK INTO THAT? MIKE? I HAVE A QUESTION. PICK UP THE MIC. THAT'S IT. I HAVE A QUESTION. CAN YOU HEAR ME NOW? WE CAN.

GOOD. THANK YOU. THIS, UH PICTURE ON THE MONITOR ON THE SCREEN BEHIND YOU EVERYWHERE.

IT'S ONE DIMENSIONAL. UM THERE'S NO CONTOUR LINES. IN STORMWATER MANAGEMENT OPERATION MAINTENANCE MANUAL. THERE IS A TOPO MAP. UM THIS IS A PRETTY SMALL RENDERING IT LOOKS LIKE THEY'RE 1 FT.

CONTOURS. WHAT I WOULD LIKE TO SEE. IS A CONTOUR MAP. BEFORE AND AFTER ON THE SCREEN. FOR THE AUDIENCE. SO THAT THEY CAN BETTER UNDERSTAND. THE CUTS AND FILLS. THE GRADES BEFORE. AND THE GRADES AFTER THAT'S ON THIS FULL SIZE SET OF PLANS, WHICH IF YOU GIVE THEM BACK TO THE LOAN THEM TO YOU. PEOPLE IN GENERAL HERE. SOME OF THE QUESTIONS REVOLVE AROUND STORMWATER MANAGEMENT, AND THEY REVOLVE AROUND THE CUTS AND FILLS YOU HAD A LONG DISCUSSION ABOUT THAT. BE SOME MORE POINTED QUESTIONS. FOR THE ENGINEER. THAT WOULD SOLVE SOME UNDERSTANDING THAT THAT'S THE POINT OF THIS. THIS THIS QUESTION SESSION. SO WHAT IS YOUR QUESTION POINT IS SPECIFICALLY WOULD YOU PLEASE? ALLOW US TO SEE A TOPO MAP. OF THE BEFORE. AND THE SECOND TOPO MAP IS CLEARER THAN THIS ONE SO THAT IT CAN BE SHOWN ON THE SCREEN. QUESTION. THAT'S A YES NO, HE LET HIM. ALL THAT INFORMATION IS PRESENTED IN OUR SITE PLAN, DRAWING SAID THAT IS AVAILABLE, BUT IN PUBLIC RECORD IN THE TOWNSHIP OFFICES, HE HAS A COPY HERE. YOU CAN LOOK AT TO YOU, DATED THREE ALSO HAS THAT'S CORRECT, SAYING A THREE IS TOO SMALL ON THE MAP IS NOT GOING TO BE AVAILABLE ON THE SCREEN FOR THE PEOPLE TO SEE. I HAVE NO

[02:00:04]

INTO THAT AGAIN. IT'S 18 DIRECTIONS. YEAH ALL RIGHT, SO WE'LL MOVE TO BOARD QUESTIONS.

UM ACTUALLY, I EVERYBODY OKAY? THE BIOLOGIC ALRIGHT, GREAT. ALRIGHT THANKS. THANKS DEEDEE.

UM THEN WE'LL GO TO BOARD QUESTIONS FOR THIS APPLICANT OR THIS, UM, WITNESS, PLEASE. I HAVE A FEW QUESTIONS, MICROPHONE. UM I AGREE WITH MR IRISH. ON THE VIEW OF THE PROPERTY FROM THE EAST SIDE, IT'S IT IS DECEIVING THAT YOU CAN'T QUITE TELL UM HOW WHAT THESE BEHEMOTH WALLS ARE GOING TO LOOK LIKE FROM FROM THE LOT NEXT DOOR, AND I APPRECIATE THAT YOU CHECKED IN WITH THE PROPERTY OWNER NEXT DOOR AND THEY DON'T HAVE A PROBLEM WITH IT. BUT I THINK THAT THE SIZE OF THIS IS GOING TO BE VISIBLE FROM FROM 206. QUITE CLEARLY. THIS IS A CENTER OF THE COMMUNITY. THIS INTERSECTION UM AND SO I'M I'M A LITTLE CONCERNED ABOUT ABOUT THE SIZE SHORT SHORTS, SO OKAY, OKAY . THANK YOU. SO MY QUESTION IS, UM, WITH THE RETENTION BASIN, UH , THE TREES THAT ARE BEING PLANTED NEXT TO THAT. ARE THEY GOING TO BE AS TALL AS THOSE WALLS? SO ARE YOU, STARTING WITH WITH SMALL SMALL THINGS THERE. I CAN EXPLAIN THE RETENTION BASED ON WALL THE. THE 12 FT WALL IS BEHIND DIRECTLY BEHIND THE MEDICAL OFFICE BUILDING. IT'S NOT FACING THE EASTERN PROPERTY LINE. SO THE WALL THAT'S ALONG THE PROPERTY LINE. IS THAT EVEN GRADE ADJACENT TO THE PROPERTY? THEY WON'T SEE THE WALL ON THAT SIDE. OKAY DROPS DOWN INTO THE BASIN. SO THE WALL THAT WE'RE SPEAKING OF THERE IS ACTUALLY DIRECTLY BEHIND THE BUILDING THERE. OKAY? UM CAN I ASK YOU ANOTHER QUESTION TO FOLLOW UP? IS IT ALL THOSE WALLS HAVE TO BE INCLUDED ON THAT SITE LINE DRAWING? CORRECT YES. ONCE HE SUBMITS THE SIGHT LINE DRAWING.

NOT ONLY WILL YOU GUYS SEE THE BUILDING WITH THE STATE LINE, YOU'LL SEE WHERE THE RETAINING WALLS ARE THROUGH SIGHTLINE. THAT'LL BE REALLY HELPFUL TO SEE THAT WELL, WE'LL HAVE THE LANDSCAPING EXHIBITED TO ON THAT , RENDERING GREAT. I'M JUST, YOU KNOW, I'M AFRAID THEY'RE GOING TO BE 3, FT TREES AND THIS BIG WALL AND IT'S GOING TO BE YEARS BEFORE IT'LL BE COVERED. UM THE RETENTION BASIN. AH THE. THE FILL IN THERE IS GOING TO BE AT WALL HEIGHT. I MEAN, YOU WILL NOT REALLY SEE THAT WALL THEN. IS THAT WHAT YOU'RE SAYING? ALL THAT VEGETATION THAT YOU HAVE? PLANTED IN THERE. WILL I SEE THE BOTTOM OF THE TREES OR JUST THE TOPS OF THE TREES? IF I LOOK AT THAT? I THINK THAT WILL RELATE BACK TO. WE'LL HAVE THAT EXHIBIT TO REALLY PROVIDE CLARITY ON IT.

UM YOU KNOW THAT THAT EVERGREEN ROW FALLS THE ENTIRE EASTERN PROPERTY LINE, THERE WILL BE 6 7 FT. TALL UM, YOU KNOW, THE WALL GETS UP TO 12 FT IN HEIGHT, BUT THERE'S GOING TO BE A LITTLE BIT OF A PERSPECTIVE THAT YOU'RE GOING TO SEE FROM THE ADJACENT PROPERTY OWNER BECAUSE THEY SIT LOWER IN ELEVATION TO SO, UM, I THINK WE'LL BE ABLE TO DEMONSTRATE THAT A LITTLE BIT MORE. CLEARLY, THAT WOULD BE THAT WOULD BE HELPFUL TO SEE ALSO QUESTION ABOUT THE STORM MANHOLES. OR THAT THAT'S UM, THAT'S DRAWN WITHIN THE BASIN THERE. IS THAT THE IS THAT WHAT WILL BE USED OR THE CONVEYANCE TO GO OUT TO THE OTHER. OFFSITE DRAIN. IS THAT WHERE WHAT THAT IS? CORRECT THAT'S THAT'S THE OVER THE SORRY THAT'S THE DISCHARGE THE FIRST MANHOLE BEYOND THE DISCHARGE POINT OF THAT BASIN, AND WHAT'S THE INFRASTRUCTURE UNDERNEATH? THIS IS IT GOING TO BE A SERIES OF PIPES AND WHAT HAVE YOU IT'S PROPOSED NOW TO BE, UH, JUST A REINFORCED CONCRETE PIPE. UM IT'S GONNA DISCHARGE FROM AN OUTLET WHAT'S CALLED AN OUTLET CONTROL STRUCTURE IN THE BASIN THAT WILL DETAIN RUNOFF AND REALLY SIT OUT OF CONTROLLED RATE TO THE EAST TO THAT FIRST MANHOLE. THEN THE PIPE WILL TURN UP TO THE RIGHT OF WAY OF BRACKNELL RIGHT AWAY. UM AND THEN CONNECT TO THE CONVEYANCE SYSTEM THAT'S LOCATED WITHIN BRICK. NO WAY. SO IT'S UNDERGROUND. IT'S A REINFORCED CONCRETE PIPE. OKAY, UM. I DON'T KNOW IF PEOPLE WANT TO TALK MORE ABOUT ANY OF THAT, UM, I WAS GOING TO MOVE ON TO THE HOT BOX.

[02:05:03]

IS THERE ANY WAY TO USE THE FILL THAT'S RIGHT THERE TO LIMIT THE AMOUNT OF TRUCK, TRAFFIC OR TRUCK. BECAUSE OBVIOUSLY, YOU KNOW, THE SHORTER DISTANCE WOULD BE LESS TRUCKING WITH IT WOULD BE IT WOULD BE GREAT, BUT IT REALLY IS HORRIBLE LOGISTICAL THING FOR THEM IF THEY FILL IS AVAILABLE. IMAGINE THAT THEY WOULD PROBABLY PURSUE THAT. WE CAN'T LEAVE. FIRE THEM TO SOURCES ON SITE. MY ONLY MY ONLY CONCERN ABOUT THAT WAS THAT IF THE IF THE SOIL THAT IS THAT THE PROPERTY SITE IS BAD, THAT MIGHT NOT BE ANY BETTER, BECAUSE IT'S VERY CLOSE, RIGHT, SO I DON'T KNOW. OKAY THAT'S JUST JUST SOMETHING THAT I THINK WOULD BE REALLY YOU KNOW, WE HAVE SO MANY TRUCKS IN THE AREA NOW WITH THE QUARRIES AND JUST TO LIMIT THAT , AS MUCH AS POSSIBLE WOULD BE GREAT. SO AND IT CERTAINLY ISN'T DEFINITELY WOULD SERVE. THEY MET THEIR REQUIRED. AND YOU GET A CERTAIN TYPE OF MAKING THINGS YOU GOT TO DO. THANK YOU VERY MUCH. THANK SPECIALIZED. UM I THINK THAT'S ALL I HAVE. I'LL JUST REMIND THE BOARD THIS NAME STANDARDS APPLY TO THE BOARD AS THE PUBLIC JUST PLEASE REFRAIN TO FROM EXPRESSING ANY OPINION ABOUT THIS POINT AT THIS POINT.

YEAH, RIGHT. RIGHT. SO QUESTIONS WE DON'T WANT TO PREJUDGE OR APPEAR THAT WE ARE. WE ARE NOT.

JOHN WALMART SPEAKING QUESTIONS ABOUT THE WHAT'S IN THE SHADE TREE COMMITTEE MEMO OF MAY 16TH.

UH THEY MAKE THE POINT THAT 96 TREES ARE BEING REMOVED, INCLUDING SEVEN TREES, AT LEAST 3 FT IN DIAMETER. SO THE QUESTION IS, WAS THERE ANY ATTEMPT TO SAVE ANY OF THOSE? UM QUESTION ALSO, ARE YOU WANNA GO ONE AT A TIME WITH THAT ONE? SO THE FIRST QUESTION WAS THERE ANY ATTEMPT TO SAVE ANY OF THOSE TREES, AND HE'S TALKING ABOUT THE SECOND PARAGRAPH OF THE SHADE TREE COMMITTEE MEMO DATED MAY 16TH. JUST FOR THE RECORD. IT SAYS THE COMMITTEE WAS QUITE AGHAST TO SEE THAT 96 TREES ARE BEING REMOVED ON THE PROPERTY, INCLUDING SEVEN TREES THAT ARE AT LEAST 3 FT IN DIAMETER. IT WOULD BE HELPFUL FOR THE PLANS TO SHOW THE NAMES OF THE TREES SLATED FOR REMOVAL, SO PERHAPS ESPECIALLY LARGE, VALUABLE SPECIMEN TREES COULD BE POSSIBLY SAVED. THATS THEIR COMMENT. THE BOARD MEMBERS QUESTION IS HAVE YOU LOOKED INTO TRYING TO SAVE ANY OF THOSE TREES QUESTION. SO WE LOOKED AT THAT AND IT'S A IT'S A VERY CHALLENGING SITE

[02:10:03]

THEY NEED TO BE REMOVED TO ACCOMMODATE THE THIS THIS TYPE OF DEVELOPMENT. UM WE DID LOOK TO PRESERVE SOME OF THE TREES. THERE'S A FEW THAT WERE PRESERVING IN THE SOUTHEASTERN CORNER OF THE SITE, UM, WHICH IS ALONG THE GEORGETOWN FRANKLIN TURNPIKE RIGHT AWAY. UM THEN THERE MAY BE AN OPPORTUNITY TO SAVE ONE OR TWO MORE TREES ALONG THE RIGHT OF WAY, WHICH WE COULD LOOK A LITTLE BIT CLOSER AT. BUT UM, JUST A MAJORITY OF THOSE SPECIMEN TREES DID FALL WITHIN THE PROPOSED IMPROVEMENTS AND BECAUSE OF THE SUBSTANTIAL GREAT CHANGE BECAUSE OF HOW MUCH IT DROPS FROM THE WEST SIDE TO THE EAST SIDE IN THE SYSTEM, THE REMOVAL OF THOSE TREES, UNFORTUNATELY, BUT WE'RE TRYING AT, YOU KNOW TO RE VEGETATE THE SITE AS I HAD MENTIONED, WE HAVE OVER 500 PLANTINGS, SO WE RE VEGETATE IN THE SITE TO BRING BRING THAT BACK. UM JUST TO HELP MITIGATE THAT, YOU KNOW THE AMOUNT OF TREES THAT ARE BEING REMOVED FOR THIS APPLICATION.

THE NEXT QUESTION FROM THIS SHADE TREE MEMO IS NOT CLEAR. IF YOU'RE MEETING THE FOUR TRAIN.

I'M SORRY 14 TREE PER ACRE REQUIREMENT TO REPLACEMENT. IN OTHER WORDS IN IN THE TOWNSHIP.

THERE'S NO ORDINANCE THAT PROHIBITS YOU FROM TAKING DOWN TREES. BUT THERE'S AN ORDINANCE THAT SAYS IF YOU TAKE DOWN TREES, YOU GOT TO REPLACE HIM. THE REQUIREMENTS. 14 TREES PER ACRE. I WAS UNDER THE UNDERSTANDING YOU WERE GOING TO COMPLY, BUT IT'S APPARENTLY NOT CLEAR TO THE SHADE TREE COMMITTEE. ARE YOU GOING TO COMPLY? YOU'RE NOT GOING TO BE SEEKING AN EXCEPTION FROM HAVING TO REPLACEMENT TREES, RIGHT? ABSOLUTELY NOT. NO WE INTEND TO COMPLY. IF IT'S NOT CLEAR, WE'LL MAKE SURE THAT'S CLEAR ON THE PLANS. UM WE WILL COMPLY WITH THAT REQUIREMENT, THOUGH. I REMEMBER YOU SAYING I'M SORRY, JOHN. BUT JUST TO CLARIFY THIS, YOU'RE SAYING 26 TREES THAT ONE POINT E 26 SHADE TREES AND THREE ORNAMENTALS AND OVER 80 EVERGREENS. YEP. SO LAST QUESTION IS, UH, ABOUT WILL YOU PROVIDE TREES PROVIDE SHADE FOR THE CHILDREN IN THE PLAYGROUND AREAS. THAT'S THE LAST LAST PARAGRAPH FROM THAT, YOU KNOW MORE. SO THIS IS THAT SERVICES SPECIFICALLY DESIGNED FOR THIS CHILD CARE CENTER. UM IT'S A IT'S AN ARTIFICIAL TURF SURFACE . SO AS I UNDERSTAND IT, PLANTING THESE TREES WITH ROOTS WOULD NOT BE, UM YOU KNOW, WOULD NOT BE FEASIBLE WITH WITH THE TYPE OF WHAT WITH THE TYPE OF SERVICE THAT'S BEING UTILIZED THERE. IT'S ALSO SERVING AS A SYSTEM THAT DRAINS RUNOFF WITH UNDER DREAMS THAT DISCHARGES DIRECTLY TO THAT BIO RETENTION FACILITY AT THE NORTHEAST END OF THE SITE AS WELL, SO, UM, YOU KNOW, ESSENTIALLY, WE WERE NOT PROPOSING TO PLANT ANY TREES IN THERE. WE DO HAVE SHADE STRUCTURES WITHIN THE PLAY, YOU KNOW, WITHIN THE PLAY AREA TO PROVIDE SHADE FOR CHILDREN, UM THAT WAS THE INTENT OF THE DESIGN. THANK YOU, BUT THAT'S THE ONLY ONE. THAT'S THE ONLY THE ONLY SHADE STRUCTURES IN THE CORNER THAT THAT FAR RIGHT OR OR THE OTHER STRUCTURES, SHADE STRUCTURES AS WELL. PLAY STRUCTURES ACTED STRAIGHT STRUCTURES, IS IT I'M I'M SEEING A FOUR FROM BY FOUR OF THEM, UM , THAT WE HAVE AN EXHIBIT I BELIEVE IN AND THERE'LL BE SOME TESTIMONY ON THE PLAYGROUND EQUIPMENT. UM ON EXHIBIT A TWO.

UP ON THE BOARD. THERE'S ONLY ONE OF THOSE FOUR STRUCTURES THAT'S LABELED PROPOSED 15 BY 15 SHADE STRUCTURE, RIGHT? I DON'T SEE ANYTHING. OTHER THINGS LABELED AS SHADE STRUCTURE. THEY THAT'S THE ONLY ONE THAT SPECIFICALLY LABELED FOR SHADE, BECAUSE THAT'S ALL IT IT DOES.

THE OTHER STRUCTURES DO PROVIDE SHADE AS WELL. AS WELL AS PLAY EQUIPMENT SO WE DIDN'T LABEL IT AS SHADE. SOMEONE GONNA SHOW THAT IT'S ONE OF THE EXHIBITS. MAYBE IT DOESN'T TRY THE SHOULDER AND TELL HIM THEN. IT'S GOING TO OKAY, A US. THERE'S. ONE NO, I DON'T THINK ANY SHADE STRUCTURE. LET THEM I SEE THE ARCHITECTS GOING TO ADDRESS IT. THAT'S YOUR ANSWER. CORRECT.

CORRECT. I HAVE A QUESTION. AND WE'RE DONE. ARE YOU FINISHED? RIGHT YOU DON'T HAVE TO BE FINISHED. WE CAN GO TO ANOTHER QUESTION. THERE'S NO ORDER HERE. YEAH GO AHEAD. YEAH. THE EXCESSIVE GRADING AND THE BRINGING OF ADDITIONAL DIRT IN AND THE REMOVAL OF TREES. WOULD THAT PROPOSAL LOOK DIFFERENTLY IF YOU WEREN'T TRYING TO PUT TWO BUILDINGS ON AN UNDERSIZED LOT?

[02:15:02]

THERE WAS ONE BUILDING BUT BECAUSE OF HOW THIS SITE GRADES YOU ARE YOU WOULD HAVE TO BRING IN PHIL FOR ANY END USE THAT WOULD COME INTO THE SITE. AH ON THE PLAN, AND I BELIEVE YOU TALKED ABOUT HAVING A AREA FOR EMERGENCY VEHICLES COMING IN. IS THAT THE AREA? AT THE TOP THERE THAT HAS KIND OF THE CRISSCROSS AND IT'S NEAR THAT. IS THAT THE PART THAT LOOKS GREEN WITH HASH MARKS ON IT? YES. OKAY AND SO IF EMERGENCY VEHICLES CAME IN THAT WAY, HOW ARE YOU PLANNING ON FOR THEM TO COME WITH A COMEBACK NOW ? OR WOULD THEY COME ON GEORGETOWN AND THEN HAVE TO LOOP ALL AROUND. UH SO EMERGENCY VEHICLES WOULD ACTUALLY ACCESS THE DRIVEWAY FROM BRACKNELL WAY THEY WOULD CIRCULATE THE SITE THAT WOULD BE THAT WOULD SERVE AS AN EXIT FROM FROM THE SITE.

SO THE FIRE WE'VE RUN TEMPLATES FOR THE FIRE TRUCK, IT CAN OFFICIALLY CIRCULATE THE LOOP.

UM THAT'S ASSOCIATED WITH THE MELBOURNE SCHOOL. SO WHAT WE HAD DONE WHEN IT WHEN THE FIRE TRUCK COMES UP TO THE NORTH SIDE OF WHERE THE MEDICAL OFFICES WERE USING THAT PAVER CROSS DRIVEWAY AS THE EXIT OUT OF THE SITE FOR THE FIRE TRUCK, SO THAT WOULD BE THE EXIT? YES. OKAY, UH, YEAH.

AND WHAT IF, UH, THE AREA THAT THEY WERE GOING TO WAS OVER WHERE YOU HAVE A PROPOSED MEDICAL BUILDING? THE FIRE TRUCK WOULD ACCESS THE SITE FROM THE MAIN DRIVEWAY. AND WOULD LOOP RIGHT INTO THE FRONT OF THE MEDICAL OFFICE BUILDING. IT HAS THE CAPABILITY OF DOING THAT. WE RAN THE TEMPLATES FOR THAT AND SUBMITTED THAT TO, UM TO THE BOARD. AND IS THERE SUFFICIENT? IF ALL THE CARS WERE IN THAT PARKING AREA, IS THERE SUFFICIENT MANEUVERABILITY? YOU WANT TO KNOW IF THE AISLE WITH WITH THE GUESS RIGHT EMERGENCY VEHICLES CIRCULATING, ESPECIALLY IF YOU HAD A LARGE SUVS? YES. THAT'S WHAT THE TEMPLATE SHOWS AS YOUR TESTIMONY. TEMPERATE DOESN'T SHOW CARS PARKED IN THE IN THE STALLS, BUT THAT THE TEMPLATE SHOWS NO ENCROACHMENT ON THE PARKING STALLS. OKAY SO WHAT ARE THE DIMENSIONS OF THOSE PARKING SPACES THERE? 9, FT BY 18 FT. AND WHAT WOULD BE THE LENGTH OF THE LARGEST SUV OR TRUCK? OF THE LARGEST SUV AND TRUCK. UH. I MEAN, IT'S A GOOD QUESTION. I MEAN, IF AN SUV WAS PARKED IN ONE OF THOSE PARKING STALLS I MEAN ANY MOST STANDARD VEHICLES, INCLUDING SUVS WOULD FIT IN 18 LONG PARK INSTALL WOULDN'T BE AN ISSUE IF YOU'RE TALKING ABOUT THE ONE OFF CHUCK THAT THAT IS, UH, YOU KNOW WHAT WOULD GO INTO ONE OF THOSE STALLS? I THINK IT'S THE FIRE CHECK WOULD STILL HAVE THE ABILITY TO MANEUVER THAT I'LL IT'S ACTUALLY ALMOST A TWO WAY CIRCULATION. I'LL IS 22 FT WIDE.

IT'S NOT, UM YOU KNOW, ABNORMALLY SMALL DRIVE, I'LL SO THEY SAW A FIRE TRUCK WOULD BE ABLE TO CIRCULATE THROUGH THE MIDDLE OF THAT I'LL EFFICIENTLY. AND HOW ABOUT MANEUVERABILITY OF OTHER EMS VEHICLES? THERE WOULD BE NO ISSUE WITH THAT. THE FIRE TRUCK USUALLY IS THE VEHICLE THAT WOULD, UM, DICTATE YOUR TURNING RADIO. I, UM THROUGH THESE TYPES OF SITES. THANK YOU.

QUESTION ON THAT, UH, IN THE RIGHT VIEW. ENGINEERING MEMO MAY 9TH ON PAGE THREE. TALKING ABOUT THIS ISSUE OF THE, UH YOU KNOW, TURNING RADIUS LARGE VEHICLES. IT COMMENTS THAT. THE QUESTION IS PARTIALLY ADDRESSED. SO AGAIN, YOU'RE YOU'RE TALKING ABOUT HIS ITEM NUMBER 10.

CORRECT NUMBER 10? YES, THANK YOU. I'M GOING TO READ HIS RESPONSE AND THIS IS THE MAY 9

[02:20:01]

LET'S FIND OUT FROM THEM WHAT THEIR CONSTRUCTION SCHEDULE IS, UM I'M ALSO CONCERNED NOT ONLY FOR THE MERE EMERGENCY VEHICLES AND I WAS GOING TO SAVE THIS FOR TRAFFIC QUESTIONS, BUT BRACKNELL

[02:25:03]

YEAH, THAT'S WHERE WE'RE LEANING. THANK YOU. COOL. YEAH. BUT I THINK THAT'S ALL GREAT.

THANK YOU, SIR. THANK YOU. THAT WITNESS. OUR NEXT WITNESSES, PELLINE SCHWARTZ. SHE'S ALREADY BEEN SWORN. NOW IS SHE AN EXPERT WITNESS? OREL A WITNESS. SHE IS A LANGUAGE SHE'S GOING TO TELL YOU ABOUT HOW THE OPERATION SO NO NEED TO HAVE TWO QUALIFIER EXACTLY. HERE JUST AGAIN, JUST FOR THE RECORD INDICATES BY WHOM YOU'RE EMPLOYED. AND WHAT CAPACITY? SURE I AM EMPLOYED BY THE MALVERN SCHOOL. AND I'M, A SENIOR PROGRAM OPERATIONS MANAGER TALKED ABOUT. VARIOUS OPERATIONAL ISSUES THAT WE THINK OF COME UP AND REVIEW MEMBERS. AND YOU HAVE A MM. A LIST OF THOSE. COULD YOU GO THROUGH THOSE BUT FIRST JUST TALK ABOUT THE NEED FOR THIS SCHOOL. WHAT KIND OF UM WHY DO YOU THINK THE . THE DEMOGRAPHIC STUDIES THAT YOU'VE DONE SUPPORT THE NEED FOR THE SCHOOL AND CAN YOU PULL THE MICROPHONE RIGHT DOWN? THERE YOU GO, OKAY? GOOD OKAY, PERFECT.

UM, OF COURSE SO PRIOR TO BUILDING AND SELECTING WELL, WELL, WHILE THEY'RE LOOKING FOR LOCATIONS. ONE OF THE THINGS THAT THEY DO IS THEY PULL THE DEMOGRAPHICS FOR THE AREA. WHERE SPECIFICALLY LOOKING AT, UM MEDIUM INCOME AGE OF CHILDREN WITHIN A FIVE MILE RADIUS OF THE PROPOSED LOCATION. UM THAT'S ONE OF THE BIGGEST ONES THAT WE REALLY LOOK AT. SO THE DATA WE PULLED WAS FROM 2022, SINCE IT WAS A FULL YEAR AND WITHIN THE FIVE MILE RADIUS OF THE LOCATION . UM WE HAVE OVER 4338 CHILDREN UNDER THE AGE OF FIVE. UM YOU KNOW WHEN YOU THINK ABOUT THE CHILD CARE MOST OF THEM HOLD, YOU KNOW. OURS WILL HOLD. PROBABLY ABOUT 120 CHILDREN. UM YOU KNOW, WE ARE A HIGH QUALITY CARE. SO WE ALWAYS FEEL THAT WE WANNA, YOU KNOW, MAKE SURE THAT WE'RE OFFERING TO OUR FAMILIES, YOU KNOW THE BEST CARE THAT THEY CAN RECEIVE FOR THEIR CHILD. AND JUST BASED ON THOSE NUMBERS, YOU KNOW, WE WOULD DETERMINE THAT THERE WOULD BE A NEED MANY KIDS DID YOU SAY UNDER FIVE WITHIN FIVE MILES OF THE FACILITY? 4338 . AND HOW MANY KIDS CAN BE ACCOMMODATED IN THE PROPOSED MELVERN SCHOOL. WE ANTICIPATE BEING LICENSED FOR APPROXIMATELY 120. CAN I JUST ASK YOU ANOTHER QUESTION? BEFORE YOU GO THROUGH YOUR LIST. UM. YOU'RE NOT A CONTRACT PURCHASER, CORRECT, CORRECT PROPERTY. BUT SHE DOESN'T I DON'T SCHOOL OWNERSHIP . I BELIEVE FOR THIS PARTICULAR LOCATION. WE DO. YES YES. YOU'RE THE OWNER AND YOU'VE MADE THAT DETERMINATION AFTER YOU. AFTER THE COMPANY LOOKED AT THIS ANALYSIS. YES. AND YOU WENT BY LAND JUST. OWN A PIECE OF GROUND THAT YOU WOULD NOT DO ANYTHING WITH YOU DIDN'T THINK I HAD

[02:30:01]

PARENTS HAVE THE SUPPLY THEIR OWN DIAPERS, WATER BOTTLES. BLANKETS PILLOWS AND ALL THAT STUFF. PARENTS DO SUPPLY THOSE BIG PIECES AND THEY SEND IN LUNCH. READ THEIR PARENTS SEND IN LUNCH. CORRECT. HMM. UM. I THINK YOU ALREADY SPOKE TO TRASH. UM WE ANTICIPATE HAVING APPROXIMATELY 22 STAFF MEMBERS AT THE FACILITY WITH THOSE 120 CHILDREN, UM, APPROXIMATELY 18 OF THEM WOULD BE FULL TIME AND THEN THE REMAINING ARE USUALLY PART TIME, AND THEY ALSO COME IN A STAGGERED AND LEAVING A STAGGERED FASHION. TOTAL NUMBER OF EMPLOYEES AND OR STAFF, WHETHER IT'S CONTRACTORS OR FULL TIME EMPLOYEES ARE PART TIME EMPLOYEES ON THE SIDE AND ANYONE TIME TOTAL NUMBER ON SITE AT ANY ONE TIME WOULD BE WHAT MOST LIKELY APPROXIMATELY 22. THAT WOULD BE THE MAX. OKAY AND. SO YOU HAVE ENOUGH PARKING FOR THE 22. PLUS THE PARENTS DOING THE DROP OFF IN THE PICKUP? YES ON AVERAGE APPARENT IS IN THE BUILDING FROM 5 TO 10 MINUTES, SO A PARKING SPOT IN TURN OVER SIX TIMES IN AN HOUR DURING THOSE PEAK TIMES. RIGHT, AND YOU HAVE STAGGERED DROP OFF CORRECT. WHAT TRUMP. ISSUE ABOUT SOMEBODY RAISED AN ISSUE ABOUT SCHOOL BUSSES. WHAT'S THAT ALL ABOUT? SO WHETHER OR NOT WE OFFER BEFORE AND AFTER SCHOOL CARE IS REALLY BASED ON THE NEED OF THE COMMUNITY. UM IF IT IS DEEMED IN NEED, WE WOULD POTENTIALLY HAVE A SCHOOL BUS COME THROUGH, UM, WHERE THEY PICK UP AND DROP OFF REALLY VARIES BASED ON THE TOWNSHIP IN THE SCHOOL DISTRICT , SOME OF OUR SCHOOLS, THEY LOOP AROUND AND DROPPED THE CHILDREN OFF AND PICK THEM UP. RIGHT IN FRONT OF THE BUILDING. AT OTHERS . IT DEPENDS ON THE LOCATION OF THE DRIVEWAY WHERE THAT MIGHT HAPPEN, SO IT WILL REALLY VERY BASED ON THE TOWNSHIP. UM, DID YOU HAVE DURING SUMMER. WE DO A FIELD TRIP ONCE A WEEK. SO FOR 10 WEEKS, WE WOULD HAVE A SCHOOL BUS COME THROUGH. ONCE ONCE A WEEK FOR 10 WEEKS. I HAVE NO FURTHER QUESTIONS. OF THIS

[02:35:05]

TWO QUESTIONS OR COMMENTS ON THE QUARTER QUESTIONS. QUESTIONS QUESTIONS, NOT COMMENTS. OKAY THE IS THERE. WHAT DOES I GUESS EITHER FOR THE ATTORNEY OR THE WITNESS? WHAT IS THE RELEVANCE OF OWNERSHIP OF THE SITE WITH RESPECT AND NEED FOR THE SCHOOL OR NOT? COME ON. THAT WOULD BE A QUESTION TO THE ATTORNEY. YOU MADE THE POINT ABOUT IT, OKAY? WE DON'T BY LAND AND WHERE ELSE? WE ONLY BUY LAND WHEN THERE'S A DEMONSTRATED NEED FOR OUR PRODUCT. OKAY BUT YOU OWN LAND WITH A HOUSE ON IT THAT HAD A USE ON IT. THAT'S A ECONOMIC USE, CORRECT. NOT FOR SOMEONE WHO OPERATES A I AM A SCHOOL? NO RIGHT, BUT NO ONE WHO HELD YOUR GUN A GUN TO YOUR HEAD, SO TO SPEAK METAPHORICALLY AND SAID, YOU MUST BUY THIS OWNER'S HOUSE , AND THAT'S THE NEED THE NEED, HE SAID. IS THERE NEED I BELIEVE MY ADVICE TO THE BORDER TO RELEVANT AND APPROPRIATE CROSS EXAMINATION QUESTION BECAUSE YOU WHY, VANCE, JUST LISTEN. LISTEN YOU EXCUSE ME. I GOT IT. LET ME ANSWER THEN YOU COULD, THEN YOU CAN RESPOND. YOU MADE THE POINT AND ASKED HER WOULD MELVERN HAVE BOUGHT IT IF THERE WASN'T A NEED , AND THE POINT WE UNDERSTAND YOU'RE TRYING TO MAKE IS THERE HAD TO BE AN EATER. THEY WOULDN'T SPEND THE MONEY TO BUY IT. THEREFORE SINCE YOU MADE THE POINT, IN MY OPINION, IT'S A LEGITIMATE CROSS EXAMINATION QUESTION. BUT I DON'T MAKE DECISIONS. I ADVISE. SO I MEAN, IT IS A LEGITIMATE QUESTION, AND I AND I THINK HE ALREADY ANSWERED THAT QUESTION. WELL I'M OKAY. WHAT ABOUT THE ANSWER COMES TO YOUR COMMENTS. YOU CAN MAKE COMMENTS ABOUT THAT. BUT OKAY, ANSWERED. THE QUESTION WAS THE SAME THING THAT CHIEF HAD BEFORE. THAT. MELBOURNE WOULDN'T GO BUY A HOUSE TO RENT IT OR USE IT AS A HOUSE. THEY WOULD ONLY BUY THE PROPERTY IF THEY FELT THERE WAS A NEED TO USE IT FOR WHAT THEY'RE PROPOSING. THAT WAS HIS ANSWER. OKAY THAT'S AN ANSWER. NEXT QUESTION IS, IS THERE ANYONE TO TESTIFY ABOUT THE NEED FOR THE OFFICE BUILDING? BECAUSE THAT WAS JUST ABOUT THE SCHOOL. IS THERE ANYONE TALKING ABOUT THE MEDICAL BUILDING MEDICAL OFFICE BUILDING TESTIMONY WAS JUST ABOUT THE SCHOOL. NOT NOT FROM THIS WITNESS. NO. OKAY HE WANTS TO KNOW YOU'RE GONNA HAVE ANY WITNESS ADDRESS THE NEED FOR MEDICAL OFFICE BUILDING. THAT'S HIS QUESTION. IT'S A PERMITTED USE. I'M NOT SURE I NEED TO ADDRESS THAT. BUT I WILL LOOK AT THAT BETWEEN NOW AND THE CONTINUED HEARING OKAY. THANK YOU. THANK YOU. RIDICULOUS. YEAH. YOU CAN. YOU CAN ASK THE QUESTION YOU CAN ASK A QUESTION , NOT A COMMENT. COMMENTS TELL HER THAT THE COMMENTS COME AFTER ALL THE WITNESSES ARE DONE. IF YOU HAVE A QUESTION, YOU CAN ASK A QUESTION. YES. YEAH. AND YOU'VE DOUBLED YOUR RATE COMMENTS, RIGHT? NO I KNOW WHAT WE'RE UP TO COMMENTS. LISTEN.

ALL THE WITNESSES HAVE TO FINISH. EVERY SINGLE WITNESS HAS TO FINISH. THEN EVERYONE MAKES COMMENTS. RIGHT NOW IT'S ONLY QUESTIONS OF WITNESSES. AND THEY HAVE AFTER HER THREE MORE WITNESSES. THE PROBLEM IS WHEN YOU SIT IN THE BACK, YOU CAN'T UNDERSTAND. YOU CAN HEAR THE ACOUSTICS WHEN I DO THIS. UH HUH. I DON'T KNOW WHAT TO TELL YOU. I KNOW A NINA PALEY IS SHE'S MY NIECE. DO YOU KNOW HER? YOU CAN I SUGGEST. YES BUT I'M STILL NOT GOING TO BE ABLE TO HEAR ALL RIGHT. THANK YOU. ARE THERE ANY OTHER QUESTIONS? YES, MISS WILLIS. IS IT, WILLIS? SHE WENT TO THE BACK. I WAS JUST WONDERING HOW BIG THE PLAY AREA IS. THE OUTDOOR AREA FOR THE STUDENTS FOR 120 STUDENTS. I AM AN ENGINEER WOULD HAVE BEEN AN ENGINEERING QUESTION. YOU ASKED

[02:40:07]

SO UH, YOU HAVE. DO YOU HAVE A KINDERGARTEN CLASS? WE DO NOT. SCHOOLS WHERE YOU HAVE ONE MORE QUESTION AND WHAT ARE THE INTERVALS FOR DROP OFF AND APPROXIMATELY HOW MANY CHILDREN ARE DROPPED OFF IN EACH INTERVAL? AND PICKED UP. JUST A QUICK QUESTION. YOU TESTIFIED, DROP OFF THEIR GENERALLY BETWEEN 6 30 AM AND 9 15 AM CORRECT, CORRECT LOOKING FOR A BREAKDOWN , BREAKDOWN OF THE INTERVALS AND THE NUMBER OF CHILDREN PER INTERVAL THAT ARE DROPPED OFF.

DON'T HAVE SPECIFIC DATA ON THAT IT REALLY VARIES BASED ON THE PARENTS' SCHEDULES AND THEIR WORK AND ALL OF THAT, UM, I'D HAVE TO DO A DEEPER DIVE INTO THAT, UM USUALLY THE 6 30 TO THE 7 15 7 30 MARK IS NOT AS HEAVILY TRAFFICKED AS THE OTHER TIMES, UM BUT. I JUST DON'T HAVE THE NUMBERS. I DON'T WANT TO GIVE YOU THE WRONG INFORMATION TO GUESS EITHER. THAT'S WHAT I MEAN. WHAT WOULD BE THE MAX OF WHAT WOULD BE THE INTERVAL THAT WOULD HAVE THE MOST STUDENTS FOR DROP OFF? BASED ON YOUR EXPERIENCE IN OTHER FACILITIES. MY BEST ESTIMATE WOULD PROBABLY

[02:45:04]

SO IF YOU TAKE IT OUT, WE HAVE 34 AND 22 ARE OCCUPIED BY YOUR STAFF. WE END UP ONLY HAVING 12 SPOTS. AND IF PEOPLE COME IN MORE THAN 30 40 KIDS AT THAT TIME, OUR STAFF ALSO ARE STAGGERED COMING IN. SO WHEN THE KIDS ARE BEING DROPPED OFF ALL THOSE 2022 SPOTS. AREN'T ALL FILLED BY STAFF ARE STAFF COME IN AS THE CHILDREN COME IN, SO YOU HAVE MORE THAN 12 SPOTS AVAILABLE. I THOUGHT YOU HAD YOU WOULD TESTIFIED BEFORE THAT THERE WAS GONNA BE A MAXIMUM OF 22 STAFF THERE AT AT ONE TIME, YOUR MAX AT ANY ONE TIME BY THE MIDDLE OF THE DAY. OKAY IT WOULD BE THAT 22 DURING PICK UP AND DROP OFF STAFF COMES STAFF LEAVE IT ALL IN AT THE SAME TIME.

SORRY THAT WAS CONFUSING. NO, NO , IT'S NOT. NO, THANK YOU CLARIFIED IT. THANK YOU SO MUCH, UM MORE GENERAL QUESTION ABOUT THE MALVERN SCHOOL. IS IT? IS IT A BRAND? THE MALVERN SCHOOL? I MEAN, I GUESS I'M I DON'T. I'M NOT FAMILIAR WITH THE, UM UH, SO HOW MANY SCHOOLS DO YOU HAVE? WHAT TYPE OF SCHOOLS YOU CAN KIND OF CONTINUE TO REFER TO IT AS A CLASSROOM. BUT THEN YOU TALK ABOUT STAGGERED, DROP OFF. SO ISN'T IT? IT'S NOT A CLASS THAT STARTS ON A BELL, RIGHT? OR MAYBE IS NO BECAUSE IT'S EARLY CHILDCARE FACILITY. CORRECT EARLY CHILDHOOD, EARLY CARE AND EDUCATION. UM WE HAVE EXTENDED HOURS. BUT FROM NINE O'CLOCK IS PRETTY MUCH THE START OF OUR CURRICULUM DAY. WHERE THE TEACHERS ARE IMPLEMENTING THEIR LESSONS. UM WE CURRENTLY HAVE 27 LOCATIONS IN PENNSYLVANIA AND NEW JERSEY. UM THE ONE CLOSEST TO HERE IS MOST LIKELY THE ROBBINSVILLE LOCATION. UM SO WE OFFER HIGH QUALITY PROGRAMS. UM THE MAJORITY OF OUR SCHOOLS ARE ACCREDITED BY ANY EY. SEE THAT'S A NATIONAL ACCREDITATION. UM YOU KNOW, OUR GOAL IS TO HAVE ALL OF THEM THERE, BUT WE HAVE TO WAIT UNTIL THE SCHOOLS ARE ESTABLISHED. AS WE BUILD NEW ONES. WE HAVE TO MAKE SURE THAT THEY, YOU KNOW, GET STAFFED AND THE CHILDREN IN THE PROGRAM RUNNING I HAVE A QUESTION ABOUT SO THAT THE APPLICANT MALVERN PROPERTIES LP, I NOTICED ON THE MALVERN WEBSITE THAT IT'S BRANDED AS TEACHER OWNED. COULD YOU EXPLAIN HOW THAT ORGANIZATION IS TEACHER OWNED? SURE OUR FOUNDING PARTNERS WERE BOTH EDUCATORS. UM SO, UM, THEY HAVE A HISTORY OF, YOU KNOW, BEING TEACHERS, AND YOU KNOW THAT'S THEIR BACKGROUND FROM COLLEGE. UM, AND THEN THERE ARE THE ONES THAT ARE STARTED THE COMPANY 25 YEARS AGO. OKAY SO IT'S NOT EMPLOYEE OWNED. IT'S OWNED BY A CORPORATE. OKAY, AND IT IS A CORPORATION. OKAY? UM THERE. I ALSO NOTICED THAT THERE WAS A MALVERN SCHOOL IN JACKSON THAT CLOSED IN 2014 CAN CAN YOU EXPLAIN THE CIRCUMSTANCES THAT CAUSED THAT CLOSURE AND WHY I'M ASKING THIS QUESTION IS JUST BECAUSE YOU KNOW YOU DON'T WANT TO START A SCHOOL AND THEN HAVE IT CLOSED AND THEN HAVE AN EMPTY BUILDING. SO THAT'S THAT'S THE THAT'S THE REASONING BEHIND MY QUESTIONS. OF COURSE, UM AND THAT WAS DEVASTATING TO US. I WILL SAY WHAT I'M SORRY. DEVASTATING YES, UM, THAT WAS ACTUALLY DUE TO COVID. UM THAT LOCATION JUST COULDN'T RECOVER. AFTER COVID. IT WAS DOING WELL LEADING UP TO THAT AND THEN THROUGH THE PANDEMIC. THAT WAS ONE OF THE LOCATIONS WE JUST COULDN'T BRING BACK, UM, IN THE HISTORY OUT OF THE 25 YEARS, AND I'VE BEEN HERE FOR 22 OF THEM.

UM THAT IS THE FIRST SCHOOL AND HOPEFULLY THE LAST GOAL WE EVER HAVE TO CLOSE CLOSE. IT CLOSED.

2014 I THINK NO, NO 2040 JUST CLOSED IN, LIKE 2020 TO THINK OR 2021 OR 2022. RIGHT RIGHT. SO IT

[02:50:10]

[02:55:03]

WE SOMETIMES HAVE THE LOCAL LIBRARY INCOME. UM JUST A VISITOR ONCE A WEEK FOR THE CHILDREN, AND THEN DURING OUR OPEN HOUSE, IT'S USUALLY SOME SORT OF BOUNCE, HOUSE OR UM LIKE I SAID, YOU KNOW, UM, A MAGICIAN . IT'S IF THEY'RE PRETTY BASIC, OUR VISITORS SO THEY WOULD BE COMING INTO THE BUILDING AS OPPOSED TO DO YOU HOST ANYTHING IN THE PARKING LOT AREA AT ANY TIME IN THE PLAYGROUNDS WHEN WE IT COULD BE INSIDE THE BUILDING AND ON THE PLAYGROUNDS, WHETHER PERMITTING, OF COURSE. BASED ON YOUR EXPERIENCE AT OTHER FACILITIES. HAVE YOU NEEDED TO CALL FOR E M. S, UM, SERVICES? ON THE WE'RE FORTUNATE, AND WE'RE VERY GRATEFUL FOR THAT. UM WE HAVE DONE THAT. I WANT TO STAY IN THE LAST I ACTUALLY PULLED THAT DATA. UM SO IN THE LAST. IN 2020 TWICE OUT OF ALL OF OUR SCHOOLS. IN 2021. 3 TIMES. AND IN 2022 3 TIMES. UM THE MAJORITY OF THEM ARE FOR SOME SORT OF SEIZURE THAT A CHILD IS HAVING. UM ONCE WAS CHILD GOT STUNG BY SOME YELLOW JACKETS, UM, AND ONCE WAS AN ALLERGIC REACTION. SO THAT'S OUT OF 27 LOCATIONS. IN THE THREE YEARS WE'VE HAD YOU KNOW. EIGHT SO THAT'S FOR ALL YOUR LOCATIONS. UH UM. YES THOSE NUMBERS. OKAY THANK YOU NEED A HAVE A LARGE INDOOR PLAY AREA.

WHAT DO YOU DO ON A RAINY DAY IF THEY CAN'T PLAY OUTSIDE IN THE PLAYGROUND? WELL, ONE OF THE NICE THINGS THAT WE HAVE, UM WHEN YOU SEE THE INTERIOR PART OF OUR BUILDINGS IS WE HAVE TWO LARGE SPECIALTY ROOMS. ONE IS CALLED THE DISCOVERY ROOM AND FAST. CHILDREN GO IN THERE. THE ARCHITECT I ASSUME IS GOING TO GO INTO THAT. YES AND WE ALSO DO GROSS MOTOR INDOORS WHEN WE CAN'T GET OUTSIDE. YOU CAN'T BE TRUE. YEAH OKAY. I HAVE ANOTHER QUESTION. UH HAVE YOU RESEARCHED THE OTHER SCHOOLS AND PRESCHOOLS THAT ARE WITHIN THE FIVE MILE RADIUS OF YOUR PROPOSED LOCATION? I HAVE NOT. OKAY UH, DO YOU KNOW HOW MANY PRESCHOOLS THERE ARE? I DON'T. SHALL. JUST ON 5 18. AH YOU'RE NOT GONNA MAKE YOU AWARE AWARE THAT THIS BOARD APPROVED I ASSUME YOU'RE GONNA SAY AT GODDARD SCHOOL GODDARD SCHOOL. ARE YOU AWARE OF THAT? YOU WERE NOT OKAY. DO YOU KNOW WHAT THE GODDARD SCHOOL IS ? OOH IS IT THE SAME THING AS YOU'RE PROPOSING HERE OR THEY HAVE HIGHER GRADES. MEANING BREEDS OLDER CHILDREN. MOST OF THEM ARE USUALLY EARLY CHILDHOOD. THEY MIGHT HAVE THAT BEFORE AND AFTER SCHOOL PROGRAM, UM. I COULDN'T SPEAK TO WHETHER THIS PARTICULAR LOCATION DOES ARGUE AWARE OF A MONTESSORI SCHOOL ON 5 18 WITHIN THAT FIVE MILE RADIUS. I AM NOT THE MONTESSORI SCHOOL. DO YOU KNOW WHAT AGE KIDS THEY HAVE? I DON'T THEY WANT THEIR KIDS. YOUNGER 23 YEARS OLD. AH THEY ARE VERY DIFFERENT PROGRAMS. MONT ASSAD,

[03:00:03]

THANK YOU. GIRL. MICROPHONE MICROPHONE. VERY INTERESTING, BUT IT'S A PERMITTED USE, SO I'M NOT SURE WHAT WHERE WE'RE GOING WITH THIS. YOU DIDN'T HEAR ME SAYING ANYTHING, DID YOU? YOU DIDN'T HEAR ME SAY ANYTHING, DID YOU? ABOUT ABOUT ANYTHING. UH I DON'T UNDERSTAND YOUR COMMENT.

UM YEAH, I HAVE ONE MORE QUESTION. UH, SO BUT I UNDERSTAND THAT YOU YOU PROBABLY FOCUSED MOSTLY ON THE SCHOOL, BUT YOUR ATTORNEY DID SAY THAT YOU WERE SPEAKING ON BEHALF OF MELBOURNE. PROPERTIES LP. UM BUT WHY? WHY WAS THE DECISION? I GUESS MAYBE THE QUESTION IS HOW MANY OTHER OF YOUR PROPERTIES HAVE MULTIPLE TENANTS ON THEM? NOT JUST WANTS TO KNOW IS HOW MANY OF YOUR PROPERTIES HAVE A SOUL SOLELY A MELVERN SCHOOL VERSUS HOW MANY OF MELBOURNE TO THEIR PROPERTIES HAVE A SET IN PRINCIPLE USE? WE'RE ON IT, SUCH AS THE MEDICAL OFFICE BUILDING.

THAT'S HIS QUESTION, RIGHT? I'D HAVE TO FIND. THINK ABOUT EACH ONE OF THEM. I COULD, YOU KNOW, SIT HERE AND DO THAT. UM ALTHOUGH WE DO HAVE ROBBINSVILLE ONE IS THE CLOSEST ONE AND THAT DOES THAT AS A STARBUCKS RIGHT IN THE SAME PARKING LOT THAT MELBOURNE PROPERTY ZONES IS THAT THEY DON'T OWN THE STARBUCKS NOT ASKING ABOUT THE LAND. I DON'T I DON'T KNOW HE'S NOT ASKING. WHAT OTHER USES ARE NEARBY. HE'S ASKING HOW MANY OF THE OTHER MANY OF THE 27 MELBOURNE SCHOOLS? ARE THERE WHERE MELVERN OWNS LAND ON WHICH THERE IS A NON MALVERN SCHOOL, WHICH IS GOING TO BE LEASED OUT TO OTHER BUSINESSES. THAT'S WHAT HE WANTS TO KNOW. I DON'T KNOW YOU CAN FIND IT. YOU DON'T KNOW NOW, BUT YOU CAN FIND OUT COME BACK HERE. IF RELEVANT. WELL OKAY, SO DON'T MAKE. JUST DON'T MAKE COMMENTS. IF YOU HAVE AN OBJECTION, STATE THE OBJECTION. YOU OBJECT. OKAY MICROPHONE, I USE NOT RELEVANT. I DON'T KNOW HOW BIG THOSE OTHER PARCELS ARE. I MEAN, THIS IS A PERMITTED USE. BOTH ARE PERMITTED USE IF YOU HAD ONLY THE MALVERN SCHOOL ON THE LOT.

YOU WOULD PROBABLY BE AT A THIRD OF THE PERMITTED F A. R A THIRD OF THE PERMITTED COVERAGE AND YOU HAVE NO VERY INSISTENT EXCEPT PROBABLY IS RELATES TO THE ACCESSORIES, SO WE'RE GOING WELL BEYOND THE SCOPE. OF THE JURISDICTION OF THIS BOARD WHEN WE ASK THESE KINDS OF QUESTIONS , IN MY OPINION, IT'S UP TO YOU . IF YOU TELL HER THAT NOT TO BRING INFORMATION BACK THEN YOU WON'T BRING THE INFORMATION BACK. I WANNA I WANNA RULING FROM YOU. IS THIS FOR ME ABOUT WHAT IS THIS RELEVANT? I BELIEVE IT COULD BE RELEVANT MY WOULD BE COULD BE RELEVANT. I BELIEVE IT COULD BE RELEVANT. DO YOU WANT TO KNOW WHY BECAUSE IF MELVERN SCHOOL HAS EXPERIENCE WITH MULTIPLE PRINCIPAL USES ON ANOTHER SITE THE BOARD'S GOING TO WANT TO KNOW OF THERE HAVE BEEN THERE ANY PROBLEMS WITH IT IF THEY HAVEN'T HAD EXPERIENCE WITH HAVING MULTIPLE PRINCIPAL USES ON THEIR SITE, THEN THEY MIGHT NOT KNOW IF THERE'S GOING TO BE ANY PROBLEM WITH IT, AND THAT MIGHT BE RELEVANT TO THE NEGATIVE CRITERION. FOR EXAMPLE, YOU KNOW VEHICLES. I KNOW THAT YOU HAVE TO SEPARATE LOTS SET UP. THAT WILL BE SOMETHING THAT YOU'RE EXPERT CAN TESTIFY TO.

BUT THAT'S WHY THE QUESTION VERY WELL COULD BE RELEVANT IN MY OPINION, BUT I DON'T MAKE RULINGS. I GIVE ADVICE. MY ADVICE TO YOU IS THAT YOUR QUESTION TO ME COULD BE RELEVANT, THEREFORE, SHOULD BE ANSWERED. DID YOU MAKE A RULING ON BEHALF OF THE BOARD? I BELIEVE IT IS A RELEVANT QUESTION THERE CAN PROVIDE OTHER JUSTIFICATION FOR THE RELEVANCE OF THAT QUESTION. BASED ON MY UNDERSTANDING OF THE LAND USE LAW, UM THEY'RE ONE OF THE CONDITIONS OF APPROVAL IS THAT YOU WERE COMBINING THE THIS PROPERTY TOGETHER AS ONE PROPERTY. UM I SO I AM NOT KEEPING THEM SEPARATE. BUT LISTEN, IT'S YOUR DECISION, RIGHT? I OPINE THAT I THINK IT'S IRRELEVANT QUESTION. THE CHAIRMAN HAS RULED. IT'S RELEVANT AS ANYONE ON THE BOARD WANT TO OVERRULE THE CHAIRMAN BECAUSE THE BOARD RULES SAY THE CHAIRMAN MAKES PRELIMINARY EVIDENCE YOUR RULINGS, THEY CAN OVERRULE THEM. SO NOW IT'S UP TO YOU. YOU CAN EITHER BRING THE INFORMATION BACK OR NOT. YOUR CHOICE CAN'T MAKE YOU DO IT. BUT THE BOARD HAS RULED. IT'S RELEVANT. I HEAR YOU. UNDERSTAND THE CHAIRMAN'S DECISION. THANK

[03:05:01]

INTERESTING. DO YES. YOU KNOW, MY CONCERN IS AGAINST THE SAFETY OF ITS PARENTS AND KIDS, EMPLOYEES, THINGS LIKE THAT, UM, AND THAT THERE IS NO DIRECT CONDITIONING AROUND FROM THE WESTERNMOST AREA OF THE PARKING LOT. TO THE BUILDING ITSELF, AND SO SOMETHING THAT I THINK WOULD BE USEFUL. I WOULD HELP YOU WITH SAFETY PERSPECTIVE IS HAVING YOU KNOW AND UNDERSTAND WHAT THE EXTENT OR TO HAVE SOME KIND OF HIGH VISIBILITY CROSSWALK AREA. SO IT'S JUST SO THAT WE KNOW YOU KNOW WHERE PARENTS AND KIDS SHOULD BE WALKING, AND THEN IT'S VISIBLE TO DRIVING VEHICLES AS WELL. SO JUST SOMETHING I WOULD RECOMMEND. MR CHAIRMAN, MR CHAIRMAN. THOSE WERE VERY HELPFUL COMMENTS AND WE WILL LOOK INTO THOSE THANK YOU SO MUCH. THANK YOU, JAMES. OKAY SO I DON'T THINK IT'S WISE TO START ANOTHER WITNESS WITH AUTHORITY GOING PAST 10, BUT THAT'S BECAUSE THEY STARTED UP A LITTLE LATE FOR YOU. SO, UM, WHEN IS THE NEXT POTENTIAL HEARING DATE BECAUSE I BELIEVE YOU GUYS REQUESTED A THE DATE WHERE TWO OF THE THREE EXPERTS ARE NOT

[03:10:02]

YEAH. SO REPEAT THAT HE'S AGREEING TO THE THAT HE THINKS THE 20/7 IS PROBABLY MORE APPROPRIATE DATE AND THEN THE REQUEST IS THAT WE HAVE TO FIRST SAY ON JULY 20/7 DO WE HAVE ALL THREE OF OUR EXPERTS AVAILABLE? YEAH YES, OK, NEXT QUESTION WAS GOING TO BE. IS THE BOARD GOING TO BE AVAILABLE TO MAKE SURE THAT? WELL YEAH. SO SO WHY DON'T YOU PULL YOURSELVES? WELL I MEAN , WE AGREED ON THE BOARD SCHEDULE. I OKAY? YEAH ON THE BOARD SCHEDULE, AND WE HAD TO WAIT UNTIL 7 30. I MEAN, I'M I'M NOT THREATEN, SO I SUGGEST YOU JUST PULL YOURSELF FEED JUST WENT DOWN. YEAH BUT I MADE WHEN I MADE BEFORE I JUST LOST. THAT'S RIGHT. WHAT, YOU YEAH, I KNOW FOR PEOPLE FOR THE FOLKS THAT ARE HERE. I KNOW THERE WERE A FEW SPECIFIC REASONS THAT MR WOOD AND MR ABU SABIH WERE NOT AVAILABLE TO BE HERE TODAY. SHERRY CAN CHECK ON THEM. OKAY I WILL SEND OUT AN EMAIL TO EVERYBODY. BUT AT LEAST IF I KNOW I HAVE THE FIVE WE CAN PROCEED. I CAN'T SPEAK FOR THE OTHER ONE HOPING FOR MORE THAN VACATIONS AND EVERYTHING YOU KNOW AM AS WELL. ARE YOU ASKING FOR SPECIAL DISPENSATION ON THE SUBMITTAL 10 DAYS IN THE BORDER BOARD DESSERT? THIS BOARD AGREED TO HAVE THIS. YES THAT'S ALL RIGHT. BUT LISTEN, LISTEN. JUST SO YOU UNDERSTAND THE BOARD RULE IS 21 DAYS SO THAT YOU GET REPORTS. NOT AT THE LAST MINUTE.

SO WHEN SOMEONE ASKS FOR AN EXCEPTION TO THAT, AND THEY SAY, OKAY, YOU CAN SUBMIT IT 10 DAYS AHEAD. YOU'RE NOT ALLOWED TO COMPLAIN IF YOU GET THEIR REPORTS THE DAY BEFORE, I CAN ALWAYS COMPLAINED, VERY GOOD COMPLAINER AND THAT I UNDERSTAND . I'M JUST TELLING YOU THAT YOU'RE NOT ALLOWED TO COMPLAIN. YOU'RE PROHIBITED FROM COMPLAINING. DO WE HAVE AN AGREEMENT? YES SIR. THE OTHER, UM. WAIT A MINUTE. I AGREE. I COULDN'T COMPLAIN. YEAH ON THAT ISSUE. EVERYTHING ALRIGHT? ALRIGHT I AGREE. SO YOU'RE GONNA HAVE THESE THINGS HAVE TO BE SUBMITTED BY JULY 17TH. OR BEFORE OR BEFORE AND TO STREAMLINE THIS. YOU MAKE THE SUBMISSION IN THE REQUIRED NUMBER TWO SHERRY, BUT YOU ALL THE EXPERTS OR SOMEBODY DIRECTLY EMAILS. ALL THREE OF THOSE PROFESSIONALS AND ME WITH COPIES SO WE DON'T HAVE TO. WE DON'T HAVE TO WAIT A DAY OR TWO TO GET IT FROM SHERRY. I MEAN, JEFF 20/7. DO WE HAVE ANY OTHER APPLICATIONS THAT ALREADY BEEN, UM, PROPOSAL TOWER. MHM TOWERS ON THE 20/5 POSSIBLE, OKAY, SO.

YEAH YOU CAN BE FIRST AND ONLY HOPEFULLY OKAY, SO THIS HEARING INHIS AP TICATIOPLN IS GOGINO CONNUED TTIJULY 2O 7023 2 WIOUTTH NEEDOR FUR FER NOTTHEIC , DAN YOU'VALREADE GRANTYEDN

[03:15:07]