May 1, 2013

proposed site. The facility would service patients seeking renal care treatment on an outpatient basis up to three days per week. Mr. Eben inquired if patients would be incapacitated while undergoing treatment; Mr. Dale answered in the negative. All patients would be fully aware, ambulatory and able to exit the premises in the event of an emergency situation. Christopher D. Kidd, AIA, ALA, RIBA, Christopher Kidd & Associates, LLC, was sworn in, stated his credentials, and accepted by the Board to be an expert in architecture. Mr. Kidd gave a brief overview of the project including the installation of a new generator as required by law for this type of facility. Mr. Kidd detailed the type of generator and its specifications; a 150 kW diesel generator, approximately ten feet in height, to be placed twenty-five feet from the south side of the existing building away from fresh air intake units; increasing the impervious surface by 738 feet. Referring to Exhibit A-4, he detailed the decibel level for the generator; it would be within acceptable guidelines. A fence would be installed to screen the generator; pads would be installed for the required new HVAC equipment; it was important to control humidity levels for Patient comfort. Mr. Kidd said he did not anticipate any tree removal, but possibly the removal of some small shrubbery during installation. The New Jersey Department of Consumer Affairs had approved the site to operate the facility on April 9, 2013. The building felt under the 2009 international Business Code, Business Group B, for an outpatient dialysis clinic. Mr. Eben stated that Mr. Kidd testified that the building fell under Business Group B use, yet there was no code information listed on the drawings. Further, Mr. Eben said that he thought it was a use variance. Mr. Kidd answered that a dialysis center had previously operated in the building. Mr. Eben opined he did not believe the building was the right site for dialysis patients; he was concerned that immobile patients would not be able to exit in the case of an emergency. Mr. Kidd answered that the majority of patients would be able to leave on their own accord; others would be assisted if necessary. He said Mr. Eben’s points were valid; however, the NJ State DCA had granted approval for the dialysis center at the site. Mr. Eben said the proposed generator would be located in the front

necessary. He said Mr. Eben’s points were valid; however, the NJ State DCA had granted approval for the dialysis center at the site. Mr. Eben said the proposed generator would be located in the front yard; he was concerned that it was a big unit for the front yard. He asked if the refueling equipment would be dragged across the lawn; and where would the truck be parked during refueling; he stated the truck would block parking spaces. Mr. Kidd said the proposed location was the best possible space for the unit. Chairman Bagoff said a condition of approval would be to limit the time(s) the tank be refueled or tested. Mr. Ghebremicael asked if the Applicant had considered a natural gas generator that would be much cleaner and less noisy. Chairman Bagoff said that for this type of use, the DCA required a diesel generator; the requirements had been discussed at the previous Technical Review meeting. Referring to Exhibit A-1, (Drawing A1.0 Site Plan and Project Information), Chairman Bagoff asked Mr. Kidd to verify the square footage of the additional impervious coverage; Mr. Kidd said the total amount of impervious surface was approximately 760 square feet. Chairman Bagoff asked if the generator could be screened by landscaping. Mr. Kidd said the lot coverage would increase from 195,005 square feet to 195,765 square feet; it was from 66.42% to 66.68% where 50% was allowed. Mr. Gurland, referring to Exhibit A-1, (Drawing A1.0 Site Plan and Project Information), identified the line from the generator to the building and asked to where did the conduit lead go. Mr. Kidd said it went to the basement. Mr. Gurland inquired if the generator was moved, would the lead have to be longer. Mr. Kidd said it had to be 25 feet away from the fresh air intakes. Mr. Gurland stated he was concerned that the generator and HVAC would be in the front of the building; and stated he had a real problem with the location of the units. Mr. Kidd said the building technically had two front yards according to the ordinance; one fronting Old Short Hills Road, the other on NAPLANNING. BRO\WPIMINUTES\2013\5-1-13 Minutes.doc 4