Welcome to the Township of Clark Planning Board meeting Thursday, May 1st, 2025. In compliance with the open public meetings act chapter 231 PL1975. Adequate notice of this meeting has been provided by mailing the annual schedule of meetings to the star ledger.
Union County local source Union County Hall can tap into a clerk. By posting such annual meeting schedule on the bulletin board and town hall reserved for such announcements and by the proper filing of said notice with the township clerk. Formal action may be taken at this meeting. This meeting is a judicial
proceeding. Any questions or comments must be limited to issues that are relevant to what the board may legally consider in reaching a decision and to appropriate to a judicial hearing must always be maintained. I'm going to do roll call. Mayor Albanese here. Mr.
Owick here. Councilman Niti here. Mr. Cotch here. Mr. Triola here. Mr. Alman here. Mr. Steinberg here. Mr. Piccado here. Mr. Rancio here. Mr. Gri Mr. Cruz
here. Mr. Okconor here. Mr. Ricky here. Okay. We stand for the pledge of allegiance. Allegiance to the flag of the United States of America. Has the board had a chance to review the minutes of the March 6, 2025 meeting?
There any questions or comments? If not, I make a motion to accept them. Do I have a second? Second. Thank you, Mike. I made the motion. All correspondence is available at town
hall for the public to view. As such, I'd like a motion to dispense with the correspondence. Second was Mike and Mike. I believe site plan application GB7 7 brew 105 Ryan Road block 63 lot
46. Right. Good evening, Mr. Chairman, members of the board. Jason Touvel uh from the law firm of Prime Touvel and Misselli. Um I'm be here on behalf of the applicant. So this is an application for a preliminary and final major site plan approval for the property located
at 105 Radaran Road. It's block 63 uh lot 46. Um 7 Brew is a coffee shop. They also have um energy drinks as well as teas. Um but just for the board's edification, and you'll hear this during testimony, there's no food preparation,
there's no cooking, there's no seating inside the building. It's just a preparation and drive-thru for uh coffee, teas, and um all sorts of energy drinks. Um just from an operational perspective, just you'll hear this as well. It's 5:30 a.m. to 10 p.m. 7 days
per week. On their peak shift, they may have between 5 and 7 employees on an off- peak shift, 3 to four um employees. Deliveries are fairly minimal um twice per week um as well as trash and recycling also uh one to two times per
week. So the purpose of the application is to um redevelop the site um that's at the corner of Westfield and Raridan Road that has the Santandar Bank located on it. The application proposes to remove the bank and all the improvements uh located um with on the site. Currently
the site has several existing nonconformities such as front yard setback um sideyard setback when it comes to the ATM. We'll be cleaning up a lot of those pre-existing um nonconformities. some of the benefits of this of the project um in in terms of
imperous coverage. We'll be bringing imperous coverage down in connection with this site. So adding more green space um the amount of uh outdoor space or open space that your ordinance requires. We actually have almost triple the amount I think your ordinance requires 10%. We're at about 28%
um open space. So, a lot more landscaping um and greenery um on the site as well as some more landscaping that we're adding um as part of our um application. So, we we've had a chance to review this with your um professionals, your engineer, traffic
engineer, um and we we can u comply with all the comments set forth in their letter in addition to the fire department that also provided comments and the police department that provided comments. And there's one comment in the police letter that we'll go through um during testimony. But the application is
is very I would say clean with respect to from a zoning perspective. Complies with front yard setbacks coverages as it relates to building coverage impervious well under the required um floor area ratio that's permitted um um in the zone. We've gone to the county. The
county has conditionally approved the application. Had no major comments um as well. So Mr. Chairman, I have four witnesses that I plan on calling. I don't expect any of them to be extensive, but I think each one is is important. So, I have the first witness will be Zach Rosscam. He's the
representative of the applicant. He'll give the board a little bit of a uh sense of what Seven Brew is all about. There's 300 of them throughout the country. Um, but they're new to New Jersey. So, I think a little bit of an explanation would be helpful. In addition to that, going through the operational characteristics that I just
mentioned um before. Then I'll have our site engineer walk the board through the um the the layout of the site plan. Then I'll have our traffic engineer um go third. And then finally, I'll have our professional planner go through the variance testimony, which really just relates to the signage. And what you'll
see is the reason that there's some sign variance relief here is that most ordinances, including yours, have signage based on the percentage of the facade. Here we have such a small building. It's 510 square ft. So, the facade percentage is going to be a little bit higher just as a function of
the fact that the building is small, but the actual facade signs are not that large. But we'll go through that testimony. Um, when we get to that point, uh, I provided my affidavit of service and publication to the board. Um, so unless there's any questions for me, Mr. Chairman, with your permission, I'd be happy to call the first witness.
You do, sir. Okay. Thank you very much. So, the first witness I'd like to call is Zach Rosscam. And again, he's a representative of the applicant. And Donna, we should use this one. testing. Can you hear me? Okay. Uh Mr. Chair, before you begin, I have reviewed
the public notice, the affidavit of publication and they all or comply with applicable law and the board has jurisdiction to hear this matter. Um just to recap uh what the application is in addition to preliminary and final
site plan approval there are various bulk variances that are required. The first one is to allow as was said less than um the sideyard setback in a residential district which where it is
required uh uh 50 ft and 31.3 ft is proposed uh to allow more facade signs than permitted. One is permitted, five are proposed. To allow a greater facade sign area than permitted, 39 30.9 square
ft uh versus 36 ft proposed. And to allow a greater area of a second menu sign than permitted, 5 square feet is permitted versus 10.1 ft proposed. and to allow a greater uh post-it menu area
sign than than permitted. Uh 1.5 square feet permitted, 7.8 square feet proposed. Thank you. No, no problem. Would you like to we swear in Mr. Rosscam? Yes. Um please state uh please raise your right hand. Uh just follow
me. I state your name. Do solemnly swear. Use the mic. Zachary Ross. I, Zachary Rosscam, do solemnly swear that I will tell the truth that I will tell the truth and nothing but the truth. and nothing but the truth. So help me God. So help me God. Thank you. Thank you.
State your name and your address and spell your name. Sure. My name is Zachary Rosscam. Z A C H A R Y Space Rosscam. R O S S K A M M Mary. My address is 199 Street, apartment 2B,
Brooklyn, New York 11201. So, Zach, if you could just give the board the benefit of your role with the project, who what's your what are your duties and responsibilities? What's your title with the company? Sure. So, I'm a co-owner of the local franchisee. So, 7B
is a national um business, but we are the local franchisee. My wife and I right here, Shinori, are the local owner and will be the owner of this site. And we first want to just say we really appreciate the opportunity to be here today and potentially be joining this community. Seven Brews motto is
cultivating kindness and we'd love the chance to to bring that to to Clark. Um but okay. So in as in your role as being the person that's going to see the day-to-day operations of the facility, let's first start with hours of operation and number of employees um and
also just indicate what type of product 7 Brew has and what distinguishes it from other uh facilities that are similar. Absolutely. So 7 Brew is beverage only. We sell coffees, teas, lemonades, smoothies, milkshakes, um flavored sodas, energy drinks, matcha,
chai, all all basically any beverage you could potentially want. We are open from 5:30 a.m. till 1000 p.m. On a peak shift, we typically have about 5 to 7 employees on a non- peak, which is typically around 7:30 a.m. till around 9:30 a.m. Non- peak, which is the
remainder of the day, three or four employees, depending on the day and the hour. Um and uh and a total number of employees since most of them are part-time is upwards of about 40 to 50 all part-time usually working about 15 to 25 hours a week in a part-time
capacity. Okay. And then can you just describe the types of deliveries that you get and how often? Yeah, so trash usually comes twice a week and then inventory deliveries also usually twice a week. Okay. And since it's beverage only, it's fairly quick on the deliveries as well. Okay. Um, and just
just describe how orders are taken, both walk up window and also just in the in the drive-through lane. Yeah, so we're primarily we're we're drive-through only. So 99 plus% of our business is drive-thru. If someone were to walk up to the building, we don't turn them away, but we do not encourage that. We don't advertise it. So someone can walk
up to the building and take an order, but it is not a primary part of our business. We are over 99% drive-through. Um, we come to your car to take your order. We're all about the persontoperson experience. So, one of our employees will come to you with an iPad, explain the menu, walk you through it, take your order, and then you
continue through the drive-thru, and then someone will come to you with your drink to deliver the beverage as well. So, you'll have at least two person-toperson interactions in every every visit. So, unlike maybe other similar facilities, not to name them, there's no speaker system associated with with the ordering of the product.
Correct. That's correct. Everything is persontoerson. Okay. Um, that's all I have for Mr. Rosskim. just wanted him to give the board an overview of the um operations kind of what Seven Brew was just because some of us are not familiar but the engineer will obviously walk through the site in detail and the
traffic engineer Mr. Chairman will go through the trip generation and parking for everybody as well. Oh, I had one more question for Mr. Rosscam that might be relevant for the board. Um the parking spaces are just for the employees, correct? That's correct. So, a regular customer can't park and walk up. That's correct. Okay. I just thought
that was important for the board to know. I see there's two lanes. Um, how is the coffee delivered to the customer? Yeah, so we actually offset the two lanes. If you look, and the engineer can talk about this a little bit more, there's a crosswalk in front of the the first lane so that someone can come out and making
sure that that car is at the stop bar. There's a stop bar right there to make sure the car is stopped. They come out to the second lane, deliver the drink, make sure the car is stopped before returning to the building. Does the first lane then get a window or they also get hand delivered? No, they also get hand delivery. So, there's actually two doors on that side of the building.
One specifically for lane two, the second lane that's at the front of the building, offset a little bit so that it can go in front of the first lane. And then there's a separate door for lane one where someone can come out and deliver the drink. So, it's personally meet and greet when they first come in and delivered by hand personally. That's
correct. Is this your first franchise with the company or do you have others? So, we have six approved sites across the state of New Jersey. We are the New Jersey um franchisee. Okay. So, you don't you haven't opened one yet. This is the first. So, Washington Township's in the
process of opening right now. Um, but it's it's real time. Um, so nothing nothing stable and open yet. You've been training with them just for how long? Just to answer the question. Oh, yes. So, I actually was a part originally of another franchise. So, I've actually been working with 7B for about four years. Very good. Thank you. And I
wanted to just get to the root of your question. Yeah, absolutely. This person to person, it's regardless of weather. That's correct. Yeah. And that's how it operates across all we have about 375 locations across the country. That how it's operates everywhere including Wisconsin, North Dakota in very very
cold environments. We have we rotate people inside and outside so that you're never outside for too long if it's particularly cold or bad weather. We also have cold weather gear and and warm weather gear. We have fans set up. We have heaters set up to make sure that the team is taken care of. And there's a canopy to cover people for bad weather
as well. I have a question. Now what is the um average wait time per car as they from this time they order to the time they pick up their beverages? Yeah, so it varies by location and how busy you are, but it's typically about 3 to three and a half minutes.
How many cars do you anticipate going through during the morning rush? Yeah, so we did a traffic study on a nearby location in Sinking Spring. Typically the average queue is about eight or nine and the peak gets to about 12. Word of any other questions? Obviously,
we'll get have the technical witnesses get into more of the the one you have in Washington Township that's not running right now. It just just opened in real time. We're going through our opening procedures right now. So, it's How many weeks you open for? We've been open eight days. Oh, okay. So, literally literally right now in real time, we're
we actually just came straight from there to here. All right. Samples are out in the parking lot. We of course. Okay. Uh if I have a motion to open this to the public. Anybody in the public would wish to come forward and ask questions of this
testimony and this testimony only, please do so. Motion. Second. Thank you, Carmen and Mike. Seeing nobody come forward, I make a motion to close this to the public. Second. Second.
Okay. Hi. All right, M. M. All right, Mr. Chairman, with your permission, the next witness I'd like to call is our civil engineer, Aaron Chan with Stonefield Engineering and Design. So, we can swear him into Please raise your right hand. I name Aaron Chan. Do solemnly swear. Do solemnly swear. I
will tell the truth. I will tell the truth. Nothing but the truth. Nothing but the truth. But the help of God, I do. All right. So Erin, since you're an ex being profered as an expert, could you just go through your educational background, licenses, held, and experience testifying as a civil engineer in the state of New Jersey? Sure. Of course. I graduated with a
bachelor's in civil engineering from the College of New Jersey. I've been practicing in the field for the last 11 years. My licensed professional accept. Great motion. Thank you very much. Thank you. All right. So Aaron, why don't we um orient the board to the existing conditions briefly and then jump into
the layout of the site plan. Sure. I'll let you control this. You can use that. Sure. To go over the site. I don't think I need to give much introduction. It's just right down the street. It's the Santandere um property that I'm sure most people here are pretty familiar with. But I do want to point out a few
of the things we already spoken about just to give a little bit of context as we something. It's not up on Sure. Yeah. Yeah. It's uh it's online. It's on this page, I'm assum. Yeah. So, they should go show up on the screen, correct? When he does it there. It is.
We have boards if we need it, but I just uh they had indicated that this was a better way to look at it. Yeah, it's it's open. It's open behind. Oh, yeah. Behind. This is the I know. I just can't see.
Okay, switch. This one. There we go. Done. Thanks, man. All right. You're good. just hit that off. I need to close that. All right. Go ahead. Yeah. So, um just to briefly go over the site, this is the
Santon Dair property. You know, the site can be accessed right now via a ingress only driveway off of Ritton Road and eress off of um Westfield Avenue. It's a rectangular shaped lot. It is a corner property with two frontages. Um the it is located in the neighborhood
commercial zone where the proposed coffee shop would be it permitted use. Um the existing property itself, you know, the the building is 2,800 ft. I'll zoom in a little bit. U but you can see it's pretty tight to the hard corner of the intersection. Let's let's just mark this as A1. So this will be the um
aerial exhibit. Sure. And then um the the building itself, you can see in our uh pink line, that's actually the 50 foot set back off of each of the Oh, thank you. You can see in the pink setback
that shows the u allowable developable footprint within within this property, you know, offsetting 50 ft from both the frontages. You'll see that the current building for the bank is uh quite a bit far into into encroaching into that front yard setback. I think it's 12 to
14 feet off of each of the frontages. There's also other few other existing nonconformities associated with that remote ATM canopy in the back portion of the property as well as a trash enclosure that's tied to the easterly uh corner of the property that's in a non-compliant location as well. So
overall, there's um I believe uh um three ATM lanes and uh that totals up to 72% impervious coverage um and about 23 parking spaces on site. Um, I think it's clear that, you know, that that building up against the intersection there is not not great for sight lines and everything
else. And you'll see with our proposed application, our proposed building is all in a compliant location. You want to move to the proposed? Sure. All right. So, we'll mark the next exhibit as A2 and we'll put that up.
Bless him. Had to reopen this one, I think. Okay. So, A2 is a colorized rendering of the site plan ex Bless you. Um, exactly what the board has in its pack. It's just colorized with the landscaping on it. Correct.
That's correct. Yeah, we're taking the liberty to colorize the plan that was submitted and then we're also showing the proposed landscaping and that way it gives a clean visual of uh what it is we're we're proposing and I think you know just before I get into to the site I think you know we already spoken about this briefly but really the the entire
model and of sever introduce the modern convenience that's associated with a with a drive-through facility all the while injecting back some of the personal interactions that you will find with a you know with a storefront. So really the the way is set up is to be efficient all the while building a a
familiar and intimate experiences for us for the for the customer. So trying to move away from the you know screen list and the touchless and the menu board ordering and that type of stuff. You'll have a a employee that's a greeter and the employee that will explain the menu to you um help you with any you know
making your decisions for your transaction and then ultimately deliver you the drinks. So that's really the the entire basis of of the brand and um the site will will follow that idea all the way through. Um that being said, the proposed building itself, as mentioned, is very small. It's 510 square ft.
There's also a um a refrigeration shed that's 20 uh 260 square ft. And all that's tied together with a metal canopy to form one cohesive structure. The the units themselves, the building itself is pre-fabricated. So, it will get brought onto site via a couple different modules
and it'll get dropped onto site and that allows the construction time for a site like this to be very very quick. So, I believe in Turnersville they were able to very efficiently go through it. It generally takes about 10 to 12 weeks overall construction from from um ground all the way up and uh all the way
finished. Um, that being said, you know, I did mention it is a proposed use within this zone and the proposed site and as far as the building the all that we're fully conforming with all the bulk requirements with the exception of the sideyard setback as previously mentioned. So that particular area is
just for the overhang canopy. I kind of mouse over it um in this area and that's set back 31.3 uh feet where 50 ft is required. And we do want to make mention it's is you know actually in the CN zone typically if you
if we're were not abuing a residential zone the RB16 to our north the setback would actually only be 20 ft. And that's the other pink line we showed across the northerly line of the of the site here. Um and the bulk of the building or the actual building separate from the canopy
is all 50 ft from that property line. Correct. That's correct. the entirety of the of the actual building itself is fully comp compliant um as far as its location and only a 25 ft segment of the canopy projects into into that setback and really as you heard it's to provide
shelter for the employees. It's where the um all the drinks will be will be delivered to the customers. There's heat lamps underneath as a sort of as a as a convenience also as a comfort for the for the employees as well as the customers. All right. So, why don't you walk the board through the access and circulation and then we can get into
landscaping, lighting, and storm water management. Sure. Yeah. And really the main main feature of a drive-through facility are the drive-through lanes themselves. You know, on this particular site, what we're able to accommodate is a 21 car queuing capacity. It's going to operate in a counterclockwise manner.
compared to, you know, similar coffee type of brands. You know, I don't need to name them, but typically we see Q stacks from 8 to 12 for um for a type of coffee shop and another one that um usually ranges from 15 to 18 car stack. So, for for this layout, you know, we're
at 21 vehicles. As you heard, you know, operationally, we do anticipate the typical peak is pe going to peak around 12. So, we show and um an average peak of around 8 to 10 cars. So in the in this exhibit here, we're shown the nine vehicles in the queue. So you can see
that, you know, we're kind of at half of their overall capacity. And we do try to overdesign these sites a little bit just because given the the corner intersection that is this is situated. Uh we wanted to make sure there's a little bit of buffer in case there's they're running a promotion or it's a little bit busier than we had originally
anticipated. Um you heard of a little bit about the the way it operates as well. The employees are on tablets. They're going to come to your car, take your order, and because of that, they are in the line. So, we oversized this the the lanes themselves from a typical 8 to 10 feet wide. These lanes are 12
1/2 ft wide, as well as a um pavement marked area, striped area in between lane one and lane two, that's another 2t wide, as well as a sidewalk that's on the inner the inner radius of the island here. So, all those features allows for employees to safely and efficiently uh
work the line and take orders and and greet customers and guide vehicles just to make sure they're compact and kind of moving through the line quickly. If somebody's playing around on their phone or anything like that, they'll kind of ask them to to keep going through the line. So, just to cut down on the transactional time as much as possible
and really that's how they are really achieving that three minute turnaround from the moment order is placed to the moment it's picked up. Another feature that's a little bit special and uh unique to their configuration is because they're able to bring the drinks to the outer lane, lane two, where I'll hover
the mouse, if you were stuck behind a large order and your drink was ready beforehand and it was brought to your car, we we've al also incorporated a bypass lane. So, if you're in this outer lane, you're able to essentially exit the the lane after you picked up your
your drink. um that allows for the for the queue to also operate a little bit more efficiently in that mode as well. Do you want to touch on landscaping and lighting? Sure. Yeah, I just I'll just kind of gloss over it quickly again. So the um the eight spaces that's purely for employees will be at the southernly
portion of the lot. Again, it just matches that that peak shift that we have. You know, you heard it's five to seven on the absolute peak typically three to four. This does meet the township's ordinance um and and exceeds it. Um, and then the loading area I think was a question in some of the professionals review review letters. We
do anticipate there will since these uh spaces are for employee only and there's limited shifts and the unloading is really just for uh drink mixes. The unloading time for delivery is only 15 minutes. It's very quick turnaround and they get that twice a week during off
peak hours. We uh anticipate that they'll unload generally adjacent to the uh angle parking spaces and they'll deliver and bring the goods up through the crosswalk into the refrigeration shed where the where the goods will be stored. And I'll just very touch very
briefly touch on the storm water. So, you know, we did previously mention that we are very slightly reducing the impervious coverage on site here and I think it's while it's not a significant amount. You know, we do want to make mention of it because it is we are redeveloping our property and um you know there are some natural enhancements
um what we're able to achieve for the open space is you know a little close to three times the uh the requirement of 10%. And what we're doing with that open space is the at the landscaping component that I want to talk about. So for landscaping, you'll kind of see it scattered throughout our site.
In the existing condition, there's a limited amount of landscaping. There's a few large trees. However, there's and then there's a few um shrubs along the front of the building. However, in our proposed condition, we aim to evenly distribute it across the site with a special emphasis on that northerly property line that we share with the
apartments to our north. Um there's a total of 57 deciduous and evergreen trees scattered across the property and a handful of shrubs as well as perennials and ground cover. And we did concentrate the ever ever evergreen trees along that northerly property property line. That's going to further
um provide some site beautifification as well as 365day green screening for that side of the property. There is existing 6oot vinyl fence along this entire stretch. And we did double row it. So once it once it comes in and fully stabilizes, it will form very cohesive
and green screen across that northerly front. Um, and the trash enclosure is fully screened as well on all edges and it opens to to Westfield Avenue. And really the intention here is to provide that 365day green screening like I said
across the sensitive part of the site. All the while, you know, introducing um deciduous trees that's compliant with the township ordinance as far as tree trees are concerned and to really enhance the curb appeal of this uh of this site as well. Erin, and I think Mr. Richie's report and um Mr. Okconor's
report had requested some additional landscaping in certain areas. Will the applicant comply with that? Yes. Okay. And then before you get to uh the next topic, you've reviewed all of the professional reports that have been submitted. Yes. All right. And the applicant will comply with those reports. Yes. So, we can comply with
them. Okay. So, the next thing I want to introduce is the um colorized versions of the architectural elevations that was submitted. Yeah. This was submitted. I don't know Mr. Cruz if you want to mark it, but this was Okay. You want to mark it? Okay. So we'll mark this as A3. Mark this as A3. And what A3 is the submitted
architectural elevation showing the all four sides of the proposed building. So as I stated before, it is a very small building, 510 square ft. It's about 14 15 ft wide in in its total. And you know that will make sense when it comes down to the signage variance that we're
seeking as far as the percentage calculation. But uh it features very high quality finishes. It's a fiber cement nichi board across every elevation. So it has consistent materials and consistent colors across every side. We do know it is proposed at a corner property so it will be visible
from mo pretty much all the elevations. Um along the base you have a dark uh brick um knee wall and then on the higher side you have a more of a whitewash brick. It's all also a faux brick finish and that's all tied together as with that metal canopy I previously spoke about with a signature
blue color. um that's more of a corporate standard, but it generally ties together very well as one cohesive structure. And like I said before, it is a pre-fabricated, so it does get pretty much nearly finished and then dropped onto onto site. And the um the the trash enclosure also matches the building.
Correct. Correct. The trash enclosure also features the same color and materials this Nishiha um panel. So, it's very cohesive across the property. the refrigeration um shed, the storage shed area is what I'm hovering over also features that dark brick finish. And the menu boards that we're proposing or
those are the ones shown in the um in the in the elevation. Correct. Correct. So these are the two menu boards that's underneath the canopy that's mounted on the column for the canopy itself. And um this is the one that's on the interior side for that for the very you know 1% of transactions that do walk up. We do
have a menu board on that side as well. I'll just flip down to the next page. I'll show you the side elevations as well. So, this would be the this would be the side that's facing Westfield Avenue. You'll see the branded um signage as well as the directional sign that says drive-thru coffee. That um
allows motorists to understand, you know, which way the the traffic circulation operates on site. And uh on the bottom elevation, this is the elevation that's facing the apartments. Um we actually took off the typical signage that we would propose here. you know, given that size of that particular
building, we don't think it's too visible from the street. So, we didn't see a sense in proposing that sign just to, you know, maybe be a little bit more mindful of our neighbors as well. Um, previously we spoke about the two walkout doors. So, as opposed to a pickup window, there's two walkout sliding doors and that allows employees
to walk out with the drinks to be be to be delivered into their respective lanes and that allows for a very efficient mode of operation as Aaron, just on the signs, the only signs we're proposing are the seven brew one on that side elevation and then just go back to the
and the seven brew sign on the front. We technically need variances. Just go back to the the other wall signs. Just go back to Sorry. Are those directional signs on the on the on the building? Correct. Yeah, that's correct. There's a total of um there's a total of five wall
signs being proposed and uh we do know, you know, only two of them are branded. the one the medallion logo that's in the front and then the three of them are the directional signs on the various sides of of the building. So that adds up to a total of and all the rooftop mechanicals if there are any will be screened. Correct. Correct. Yeah. Rooftop
mechanicals will be screened with parapit walls and uh maybe I'll just speak a little bit to the the signage calculation as well. So on that front facade, this is what I previously mentioned. This building is very narrow 14 15t wide. The ordinance allows for 10%. And uh when we did the calculation
for this particular sign which is a 6 foot diameter circle. It's a standard that they carry it it worked out to be I think 11.6%. So it's slightly over that allowable requirement but um it's really due to the fact that the building itself is so small you know and that's why it's
slightly over that u that 10% allowable. We did carry that 10% uh you know across all of our frontages and the elevations. We calculated I believe 160 square feet is is permissible and uh the total aggregate of all of our signs the inclusive of the directionals u that's
mil built mounted on the building and the other branded sign um on the side elevation we the total aggregate I believe was uh around 83 um square feet so we are much lower than if that 10% if you calculated across all frontages and that's achievable because of the fact
that we didn't propose a sign on uh on this particular elevation as far As far as freestanding sign is concerned, there is a existing Santandere um sign that's at the corner. We're proposing to repan that. It is a little bit lower to the ground, but it's in a compliant location. It's a compliant size. We're
proposing to to repan that particular sign. Um as far as menu board signs, we we spoke about that briefly already. Um there is two there is um there are essentially 55 in TVs um that's mounted on the column and the ordinance allows for that second menu board sign to be
50% of the size. So, both of them are the same size. So, we're seeking a variance uh related to that. And then lastly, the the um menu board that's on the walk up side, I believe 1.5 square ft is uh is allowed and we're proposing 7.8 square feet.
Okay. And then in terms of outside agencies, you've applied to the county, soil conservation district, etc. That's correct. Yeah, we did receive a um conditional approval letter from Union County. Their comments that they have were very minor in nature. It was about adding notes and adding their Union County specific uh standards for the for
the driveway. Right. And you've also uh reviewed the fire department letter. We'll comply with that. Yeah, we uh got the we received the fire department's letter. There was um request to turn their apparatus. We did do so. We submitted back to that via uh to to the chief uh
via email and uh we did receive a feedback from them today that said it it looks good generally as far as the apparatus turning is concerned. We will require some mountable curbing on the interior corner of our site, but on a on a u on the landscape island, it's not a it's not a big deal to accommodate.
Okay, that's all I have, Mr. Chairman, for Mr. Chan. We're happy to answer any questions you may have. Yeah, I was going to have if that's okay, if it's okay with you, the traffic engineer goes through those because those more relate to the turning restrictions. So, we're happy to address those, but just for the next witness, if
that's okay. Yeah. Um, looking at pictures of others, it's on. I'm just I'm sorry. Okay. Look, looking at pictures of their seven brews. The main building is that that's two floors basically. Yeah. So, it's essentially two floors. It's 20 ft high
total. And that that back area, this nook essentially allows for their mechanical equipments. And uh you see this little walkout door there. It's a bit of like an attic space. There's a little bit of storage up there, but it's one of those like pull down ladders. and you exit out into there's a little bit of interior space, but then um there's
the mechanicals here be behind the screen walls. Okay. And then the signage will be able to be seen then two floors being on the second story. Yeah. So, this sign is mounted. Let me grab the Yeah, I think it's 11 about 11 ft from the bottom to the bottom of the sign. And then it's that top of the sign that
the the top height of that particular circle I think is at 17 or so. We're at 19.7 feet in height where the ordinance allows you to go up to 35. So, we're we're pretty far under what's permitted. Just ask. That's okay. I just But we should have clarified that. So, thank
you. No further questions. I'd like I make a motion to open this witness to any questions from the public. You have a second. Thank you, Lance. Anybody from the public wishing to come up and ask questions of this witness's testimony,
this testimony only, please do so. Seeing no one come forward, I make a motion to close this to the public. Do I have a second? Second. Thank you. Thank you. All right. Our next witness, Mr. Chairman, is our traffic engineer, Matthew Seckler from Stonefield Engineering and Design. We can swear him
in. I state your name. I, Matthew Secller, do solemnly swear. Do solemnly swear I will tell the truth that I tell the truth. Nothing but the truth. And nothing but the truth in this proceeding. In this proceeding, help me God. So help me God. Thank you. State
your name or spell your name and your address, please. Certainly. My name is Matthew Seckler. That's S E C K L E R. I'm with Stonefield Engineering Design. Address is 92 Park Avenue in Rutherford, New Jersey. Matt, just like Aaron, could you just give the board your professional credentials for the record?
I'm a licensed engineer in the state of New Jersey. I specialize as traffic as a traffic engineer. I've been accepted for over 150 boards in the state and I have a bachelor of science in civil engineering. All in favor? I. Thank you. So, so Matt, your office submitted a report in connection with this matter,
correct? It was dated um February 14th, 2025. Can you go over the that that the analysis set forth in that report as it relates to trip generation, parking, and on-site circulation? Absolutely. As part of a traffic study, uh what we first do is we study the traffic. We go out there
and see and understand how the traffic moves in the area. Being Union County resident myself, I know the traffic volumes that a Raritin Road experiences, especially this intersection as well as the intersection on Central Avenue. This is a pretty uh welltraveled corridor. Um
just looking at the typical traffic patterns and volumes, you have a lot of traffic heading north and Ritan Road likely heading to the Parkway in the morning. um in the in Saturdays which is another time period that we studied. Again, it's a little mixed but again a pretty high traffic volume area just
based on the you know uh residences that are you know kind of off these two major roads and then all the commercial activity that you have uh on Radaran Road uh between here and Central A and beyond. Um we did do traffic counts as part of this project on November 13th,
2024. That was a Wednesday from 7:00 in the morning to 9:00 in the morning to capture that morning rush hour peak period as well as on Saturday, November uh 2nd, 2024, which was from 9:00 in the morning to 12:00 in the afternoon. That was our Saturday time period. Again,
that's what we typically see as the peak rush for coffee on a Saturday is between that 9 to 12 uh peak period. I would note that the Wednesday we did the count, school was in session. Obviously, as you go down uh Westfield A here, you do have the school, you have the municipal building, this building down
here. So, we wanted to make sure that we we did our counts, we got to, you know, include any type of school traffic that was going through this intersection. As I mentioned, when we study the traffic volumes out there, um again, pretty high uh traffic volume. Uh
but it does tend to move through this intersection. You tend not to wait at an intersection twice. It may take a while for your light to be served. It takes about 2 minutes for all the directions of traffic to get their green light, but typically uh unless you're kind of uh post the the train coming kind of
backing up things uh down further down Westfield Avenue, we get that rush of traffic, you typically get uh kind of traffic uh uh pushing through here, at least on the the traffic uh on the green light every cycle. Um we did take the traffic volumes we counted in 2024. We
increase them by two and a half two and a quarter percent compounded annually for the next two years to look at what traffic is projected to be like at this intersection the future even if nothing is built on this corner again just based on uh vacancies and buildings new
residential developments coming online uh the state of New Jersey had recommended that two and a quarter% as increased traffic year-over-year for this corridor and this roadway system in Union County. Um, so overall we took that traffic volume and we added in the amount of traffic that we would be
adding to the roadway system. Now, Seven Brew, much like every many other coffee shops, they get the majority of their customer base from pass by traffic. That large amount of volume, those 2,000 cars that are driving by in the busiest hour, that's their customer base. Especially
when you consider that they really aren't offering any indoor seating. This isn't a spot where you're spending the, you know, two hours studying some for some exam. You're in this site because it's convenient to you and then you're back on your roadway system. I see a lot of people coming in here on their way to the Parkway in the morning, picking up
their coffee, making a right out onto Ritan Avenue, Raritan Road and continuing in that direction. And so when we do our analysis, we take into account that we're kind of sucking in this existing traffic as opposed to adding brand new traffic on the roadway system. Uh overall in terms of the
amount of traffic that we'd expect to generate, we utilize the Institute of Transportation Engineers trip generation manual. This is the definitive source that our industry as well as the county and the state when they review our projects utilize when they project what future sites will generate in terms of
traffic. Now, while this is a I'd say a fairly new concept, um you know, 7 Brew doesn't exist in New well has one site in New Jersey uh today, um this is not a new concept for the traffic engineering industry. They have a specific land use code, specific set of data for coffee
shops with no indoor seating and just drive-through. So, because this exists elsewhere in the country, we've studied them in other sites and have a projected trip generation, which would expect a site like this to generate about 90 trips in a peak hour. That's basically 45 cars coming in, 45 cars going out
would be the average during their peak hours, during their peak morning time periods. Um, and accounting that for kind of how that light at Raden Road and and Westfield Avenue operates, you're talking about one to two cars going through that light that would be desk
each cycle. So, while you wait there, if you watched every direction get their green light, one to two cars each one of those cycles would be a customer to this site during the morning peak hours. that basically what you kind of correlate the amount of traffic on the road versus the trip generation that we're expected to
generate. And again, a vast majority of those people are people driving through today, you know, driving by a vacant bank, a bank that's been empty for two years, but now having the opportunity to utilize this this coffee shop or drink shop. Um, so we take that traffic volume that we're adding to the roadway
network. We analyze and we determine how much that one to two more cars a cycle impacts traffic on the roadways. And that one to two new cars every cycle, that equates to about 1 to two seconds of additional delay depending on which direction you're coming from. So again,
very minimal increase. If your commute to work got increased by 1 to two seconds, you likely wouldn't notice it. You're probably making through in the same green light. you just may have another car in front of you uh on the on your way getting through that green light uh that you experienced today going through that area. Now, again,
understanding that um you know, having lived in Union County, I do know of I guess we don't name names of other coffee shops, but there's one drive-thru only uh in Cranford right near the Parkway. uh having experienced that one, I want to, you know, comment on how our site plan and our site operates versus
that style because I know that sty that site has had some significant issues being a drive-thru only and having the queue kind of back up towards the driveways and possibly spill beyond during peak periods. This site just in general in terms of land mass is twice
the size of that site uh in Cranford. Not only that, because we could operate through two drive-through lanes, our queue capacity is significantly greater than what that site um uh has. I think that site maybe 10 cars could fit in the queue before it kind of wraps around
itself. Here, as Aaron mentioned, you're talking about 22 to 23 cars just within the lanes itself. And there is even beyond more room to stack even more than 22 cars uh if it ever reached that point. I don't know what I could do to
make this stop being blue, but um but yeah, so we could fit uh again 22 to 23 cars easily within the drive-through lanes we have here. And because we could be efficient in the sense that we could deliver coffee or drinks to two different cars at the same time, we're
able to move that queue even faster. As was mentioned, we did do counts uh at Sinking Springs, uh which is in Pennsylvania. Again, the New Jersey site just opened a week ago, so we haven't studied that site yet. But the Sinking Spring site, we saw, as um the uh
operator mentioned, the median um median time it takes from when you stop your car at the end of the drive-thru to when you pick up your drink or coffee was between 3 minutes and 20 seconds and 3 minutes and 30 seconds. So again, if you are the 11th car in the queue, they were
able to move you and all 11 cars in front of you in three minutes and basically 30 seconds, which is much faster than you see at a lot of many other sites. And again, that is uh attributed to their customer service, the way they basically are out on the site. You're basically the second you
get on the site, you're placing your order instead of waiting, let's say, four cars before you could get to the order window. Here, you're basically getting your order taken the second you stop your car. So it is a very efficient model and you can move these cars again out quite quickly three minutes and 30
seconds in and out off the site. Again as was mentioned we saw the max queue out there but around 12 to 13 cars during the busiest time periods and again 12 to 13 cars that's about half of what we have accommodated for on this site. So we definitely have sufficient capacity to store um those type of
vehicles. Um I believe um access is the other uh aspect I would like to talk about. Um, as shown on the site plan, we are proposing a right in right out driveway and Westfield Avenue. Only way to get in would be coming basically north on Westfield Avenue, making a
right in, and anyone leaving that drive would have to make a right out. We are uh in agreement that we would work with your uh police officers and um and u law enforcement agencies as well as the county because they have jurisdiction over the driveways. Sorry, can you just
fix that screen so Yeah, maybe enlarge it one more. We're not looking at the same size here. So there we go. Here we go. Thank you. Sorry. Sorry about that. There you go. So I'm circling now the driveway at Westfield Avenue. This is the one I was discussing first. This will be right in right out. I believe in
the police letter they indicated they'd like to see an island of some sort there. We'd be happy to work with the county and your police to design an island that's appropriate for that location. Uh again, it is a county roadway. We have to comply with their standards as well as your police recommendation. Uh but that would be a
right-in rightout driveway along Westfield Avenue at the Rarin Road driveway. As per the way the site is designed now, we have proposed that you would only be able to make a right turn out, but you'd be able to make either a right turn in or a left turn into that driveway. The reason why we proposed
that was because your left turn would be from a left turn lane, so it would not be basically blocking any through traffic. Uh and we felt that uh if there was going to be left turns into the site, we clearly would want it to be along Raridan Road where they'd be crossing basically while it's two lanes
of traffic, it's two lanes of traffic after the intersection versus a left turn in from Westfield Avenue where cars are already basically stacked up waiting for the light to turn green and blocking that driveway. hand on Westfield Avenue there is basically you be stopped in a through lane and we felt that that was
not a location where we would want left turning cars legally or illegally. So our recommendation was to have left turns in and out left turns in along Ritan Road but only allow right turns out along Raritan Road. I believe in
your police letter uh he indicated and um I believe that was Detective Weber indicated that he wants that driveway to also operate right in right out. I had some correspondence with him today. He unfortunately said he would not be able to meet with me until Monday. Uh but he did say that, you know, we'd be he'd be happy to work with us and discuss what
options we have for that driveway, whether it does become right in right out or allows for the left turn in. One of the things that I've seen on sites like this is to potentially do something where, let's say, the left turn is permitted for 90 days, see how the site operates, and then the police would be
able to, you know, um, regulate this and making it right in right out if there turns out to be issues. Again, my concern is if we don't allow it there, someone who wants to get to the site coming down Raron Road, they'll end up making the left onto Westfield Avenue and then there they may be feeling like
they have to make the left turn in in left in Westfield Avenue. So, I'd rather have it be able to made legally in a better location than kind of have people kind of trapped if they're coming in from that Raritton Road in that southbound direction to kind of force them to the Westfield um a um location.
So, again, that was my thought. I'm going to be meeting with him looks like on on Monday uh and would like to resolve that. But again, my thought is give it like a 90-day window, see how it operates, and then we could always uh put a left turn enforcement uh after the fact in that case. But again, um, you
know, I don't want to, um, minimize the police officers or detectives, uh, concerns. Again, knowing the volumes on these roadways, doing that typically, um, you know, um, uh, the township does like to have turn restrictions, but I would also mentioned the county in their
review did not recommend any changes to the driveways as per our design. So again, uh, happy to work with all those agencies and your police officer, but that was our thought behind the driveway design that we have here. Uh other than that again as Mr. Chant talked about um
parking just for employees we have sufficient to meet the max shift. Um we have designed the site we do have a crosswalk to the basically front of the building. Uh I don't know if Mr. Chan had mentioned it but our site plan did show a table um near the uh front pickup window. We'd be looking to take that
out. I think there was a concern in one of the review letters regarding um you know that may encourage people to park customers to park here and then eat out front uh have their drinks out front. that's not the proposed condition. Um so therefore again we'd be happy to remove the table and not have any loitering uh
or anyone waiting around on the site other than picking up their drinks at the at the pickup window. Um other than that all the circulation designed on the site accommodates designed vehicles. We have been in contact with the fire department uh as I believe Mr. Chan mentioned and and we will be making some
modifications to some of the curbing on the site to make sure the fire vehicle could circulate uh sufficiently on site. Matt, all the the driveways have uh proper sight distances. All driveways have proper sight distances. It's generally in the same locations as the driveway is out there today. And again,
we do have conditional approval with the county with the one condition being some updating some of the details and notes on the plan. And the application complies with all ADA requirements for parking and all the regular parking spaces are properly sized. Correct. Yes, they are. Okay. And then um you you
reviewed Mr. Traman's letter and agree to comply with any comments if you haven't addressed them already. Correct. Okay. All right, Mr. Chairman. That's all I have for Mr. Seckler. Anyone from the board have any questions? Sure. In regards to the left turn in from
Raridan, where does your entrance proposed to start in conjunction to where the curve of the yellow double line opens up for that left turn? Is it before it? Yep. So, I'm going to show you on this image, but I could also give
you a couple measurements. Um, I believe that we have 100 ft from what, say, where the left turn lane where the stop bar is back. 100 feet. So, you can fit four cars before our driveway is. And then you have about another 50 ft. So, about two more cars behind that before
the left turn lane ends. And left turn lane. Yeah. So, you would be able to stack four cars at the light and let's say two cars for a driveway before you get to the the yellow crosshatch. Now, that does have a green arrow from
Westfield making right at the red light when you could make when you have it has an overlapping right turn. So when you make when the left turn from Ritton goes the right turn from and is there concern from people in that left turn lane that want to go into this shop to make that
left as someone's making a right from Westfield onto Rarity because they have the green arrow. I would be concerned if we were closer to the intersection because we are again we're 100t back at the stop bar but that stop bar is also about 30 or so feet back from really where the even the crosswalk is. So I
think that we have enough distance that those cars when they come around they're able to be seen. uh versus you know the car kind of just popping out of you. It also mentioned that right now the building sits basically right up on the you know much closer onto the corner. I think you saw in the image it does kind
of make that corner almost a little more of a hidden movement. I think with this design and the building kind of being moved back into the center of the site you will have much better sight lines when you're coming around the corner than what uh exists today. And then there would be sign on Westfield A. No left turn in no left
turnin sign. And again, we would put an island there as long as the county and and you know, uh, your own uh, professionals agree. So, forcing that basically you you can't physically m can't make that. Correct. Correct. And again, that's what my feeling is. I I
know that a customer coming from that direction, if they see a no left turn at Rarden, they're going to come around the corner and then they're going to be like, what do I do now? And some of them are going to try to make that left. So, I'd rather make at least give them the option at the first driveway on the way in. Again, if it turns out 90 days,
it's, you know, there's issues and concerns. I think that would be the time period to to do some correction. Can you go over the flow of the actual building? So, you know, I'm coming in from Westfield. Y come around right where your arrow is. Right. Yep. You go, And I'm going to refer to this as kind of
plan directions, not cardinal directions. So, you would come in, right? You go up. You're on A2, right? I'm on A2. You go up or north, let's say. Then you make a left. You're now side by side with the pickup lanes, but you make a left turn
into either lane one, okay? Or what starts as the pass through lane, but becomes lane moving all the way all the way all the way around. So, and and again, we we wanted to make sure that someone coming in this direction doesn't kind of cut the queue or cut the line because that's when you kind of get, you know, almost two or three cars side by
side fighting for a lane. These cars come all the way around the building and they enter via um and now the two lanes that are in the actual queue. Yep. As they're leaving, what's going to prevent them from, you know, having an issue with someone coming around that big
loop? Yep. So, we do have we do have a stop bar here. Now, what we can do is install and again, this is not unique in terms of for 7. Seven Brews design is the two-lane model. So basically every one of their sites they have two lanes side by side and basically a pass
through lane. So this is you know every site that they open this is the style. Um a lot of times what we'll do is we'll install um you know some sort of side that indicates who has the right of way. And again the the part is here is that you're interacting with uh you know an individual on the site when you're
giving the coffee. It's not basically like here's your coffee and the person's inside the building and they don't even see the traffic. So basically you give them the coffee, you indicate, you know, kind of who has the right of way and then they they leave. The other thing that's important, I think you could see here, and it was discussed by the operator, is that we stagger the pickup
lanes. So you could see here that the person that gets the coffee in the inside lane, they're getting it from a window that the person or door the person comes out here, the other person has someone walking in front of them. So you, you know, again, they're picking up their coffee, but they're aware that there's basically a crosswalk in front
of them. They're not basically just driving straight out, you know, at full speed. And then from Raridan, you would come in, make pick lane one or lane two. Correct. And then or I change my mind and I take the outer lane and I come back out and make a right out of
Westfield. A you make a right out of Westfield A. Or technically you come all the way back around and come out onto Westfield onto Raran if you wanted. Odd looking. What was that? The dumpster. Oh, that's a dumpster. Yeah, this is a dumpster. Oh, okay. It's It's a pretty looking dumpster from this angle. That's
the dumpster. And uh there's a little hatch area there would be basically when the uh trash vehicle needs to pick up. Okay. At the uh routing road exit, the bank currently has a sign that shows no left turns
coming out. Well, it has a sign. the sign. I don't know if it faced Roward Road at one point or it it looks I see it now and it's facing in, but the driveway is entrance only. So, I don't know if the sign at one point faced
out. Yeah, I think it's a no left out because you there's because I actually went to the site today not to what not to testify, but you can't you can make a left in and then it says enter only and then the other one on Westfield is is in exit only and says a do not enter,
right? Is that correct, Matt? Correct. And again, I the sign I looked back at old years. Yes. I I looked back at old Street View to see if at one point the sign did face Rarin. I didn't see anyone that it did. Would you consider putting a barrier on the Raran Road sign
preventing someone from making a left back out? So, how it's curved to the right only. You know, someone's in a rush. they wanted so so an island but it would again assuming that we keep the left in it would basically be straight on one side and kind of angled to force people
to make the right out. Now again as long as we could make it work with the county design. Um again I know that um you know the the residential building just next to us they have an island in their driveway. They also have access to Westfield that they could make their lefts and stuff but their Raren Road
driveway has an island. I imagine we do something similar to that, but again, still make it allow that someone could make a left turn. Basically channelize them to Yeah. channelize them to push them to the right. And we have no problem with that. I wish somebody from the police department was here because during a previous testimony, they were
here for the building across the street, the doctor's office, and he stated that it's a double yellow line. You can't cross it. When I when the question was, can people be making lefts for Arton Road into the doctor's office? And he said, "It's a double yellow line. you can't cross it. And again, we have a
double yellow line. You're saying we can cross it. And again, I don't want to speak against the police officer. Obviously, they they know the rules and regulations. I could state that in the driver's manual. And again, I think it's now page 72. It discusses what double yellow lines are for, and it's to
indicate not to pass in the same direction, but it does say specifically, you're allowed to turn into and out of private driveways, which this would be a a private driveway. Again, I I know I actually I like their version because I've Yeah, but but again, I I don't want to, you know, the police officer isn't
here or whoever indicated that testified to that isn't here. But again, I indicated I'd be happy to meet with him on Monday uh when I was texting with him back and forth today. Um and he said he also wants a supervisor there as well. If that's the case, it's easy. The answer is easy because then that's the law and we can't do it. Correct. So that
that that that makes it very simple. Chairman, I've had this discussion with Captain Lot and it is permitted going in and out of a driveway. Okay. Are you willing to work with the police department even if it's a 90-day trial and you're willing to remove the tables? Yes. And uh Mr. Triola had asked for the
channelized I don't I don't want to speak for you. Did you want us to explore that as well? That channelized island that you were mentioning. Okay. Yeah. Okay. I just want to make sure we have that just so we're just one other thing and I might have been from the other gentleman but you're saying you're trying to prevent walk up but you do
have a walk up window. Yeah. No, I think that the testimony was that if somebody were to walk on site so that they wouldn't be conflict with the drive-through facility, they can just push them towards or direct them to the walk up window so they can be served and then leave the site on the pedestrian.
They wouldn't be meeting one of the people with the iPad. Exactly. the goal with for them, not somebody with an iPad wouldn't say, "Hey, you can go behind this car. It's to move them along to the walk up window, serve them, and then let them leave." We have a specific window in the building that would serve them. It's basically right where the number
eight is where it says eight parking stalls. There's a little kind of window door there. That's where you would basically make your order and pick up if you're a walker. And again, as they mentioned, 99% of the people are driving, but you know, maybe someone works in the lives in the building next door, instead of them getting in their
car and driving over, they're going to walk into the site. The whole point is they do not want people parking and walking into parking and then walking in. I mean, just as a comparison, you said you're from this area like the Starbucks in Cranford. You put You said it. Yes. Does that have a walk up
window? No. Okay. So, someone pulls in, sees a parking spot, now they're walking across a double lane of potential traffic to a walk up window, you know, just a question. And again, this the spaces are all assigned
employee only. So, again, they're not directed to park there and walk in. Um, honestly, you're going to get served probably even quicker if you just stayed in your car if you made it to those parking spots. I'm sure once the, you know, the understanding is that it's a drive up. Yep. It's not a It's not going
to be a concern. My only concern is ALJ is a block away and those kids don't understand and they'll come walking up. So, I mean, you're saying there's a percentage amongst what what what you have and I understand that and totally agree with you. And I believe the the new one in Washington Township is on a
busy road from what I see pictures. It's on a state highway. That's correct. Right. So, you're not going to get walk up there. out here. You put it in the middle of this area, you're going to get more walk up than you think you are. And again, I think it's difficult to see here because I think this was an earlier version, but what we discussed is we would have a sidewalk connection
basically that would connect to where this hatches and walk them over because we want to give them a spot as opposed to have them walking through, you know, uh, you know, the entire site. Give them a spot where they can walk because, as you said, I imagine the ALJ students are gonna come over. It's, you know, no doubt about it. Um, but what we don't
want is to have a table there and this become the hangout where they're going to spend for that's the other problem two hours. So the idea is if we get them here, we want them in, get them to order and get out. We also want to discriminate if there's a 15-year-old kid, they don't have a car, right? They they could still be a customer type of
thing, right? Any else from the board have a question? I have I have one. Um, councilman, I'd like to hear that the 90-day trial because I think that left is, you know, in the morning is is horrific coming into the school. The school backs up all the way to the light. But on this
diagram where the cars is, that second lane where that red car is. Yes. Are you saying the third car there can can get served before the first car? Somebody came up and said they could cut out of the line if they get served first.
You're saying you like can someone get their drink out of order? Yeah. Can I get my if I'm out of order car, can I get my drink before this first or the second car? I think that I think Councilman, that's a better question for the operator. Let me just Oh, okay. That way he could clarify it from experience. Are you So, yeah, most typically it's
the first car that gets served first. Oh, sorry. Just say Zack Rosscam for the record. Zack Zack Rosscam, uh, owner and operator. Um, so most often by far vast vast majority the first car gets first served first and just can exit the site.
But if there is a very large order, if there's a mistake in the order, you can have the second or third car get served and then escape out. Um, but if that does happen, there is an employee there to help them navigate through the drive-thru and make sure that they're exiting safely. So that's never they're never just zooming out on their own.
Someone will give them their coffee and then say, "You can you can exit to the right here. Please wait until there's there's an open space." So they could be leaving that lane and a car could be coming in that third lane at the same time. That is possible. But there's always an employee there. I we we literally just did this in Washington Township. There's always an employee
there looking out in that lane saying, "Okay, now you can come and and walking them through to the exit." Yeah. But all due respect, there are part-time kids that are probably going to be working, serving coffee. It's a it's a very fair question, but these are there's no there's no curve there that says you can't remove from
the line. That That's No, there's no curve there. It is. It is. There are people both in the car and in the lanes making sure that they move safely. But that is correct. Yeah, absolutely. Any other questions the board counselor? Yes, Mr. Chair.
Um, there are three conditions that I believe you've agreed to. The first condition is the one I'd really like to have a clear understanding of what it is and that is this proposal of a temporary left in uh
on Ryarden Avenue. State that condition clearly for me and for the board and the public. Sure. that it's that's pretty I think it's straightforward is that we would allow the left in when the store opens for a 90-day period and the police along
with our team would monitor it and if in the if the police department felt that there was an issue after that 90-day period and felt in their discretion after speaking with the applicant that it had to be modified or shut down we would have to do that. It would be at the police or Mr. Troutman or whoever wanted to be associated with that on
behalf of the municipality. they would review that and if it was working then we would be able to keep it. So that decision would be to the to the police department slowly in their sole discretion that would be up to the board to decide but what we're proposing is it would be for the police and I guess the board's traffic consultant and that and
their decision would not be appealable. It would be a final decision that you would abide by. Typically when things like this occur and the applicant and the and the um municipalities professionals can't agree, we would have the right to come back to the board and explain it. But but that would be it
would be up to the board in the end. The other two conditions is uh this discussion regarding the lane where you're able to get out uh get out of queue and go around toward the exit. You were going to put some sort of uh sign
there that says what what was that condition? Well, I think we said there would be signage where the three lanes come together that would indicate who has the right of way. And then the last condition about
the island on Raran Road, you're just going subject to county approval and the engineering department's approval, it's going to be installed. Same with Westfield as well. Both both both streets. The one on Raridan Road, Mr. Triola had requested and we agreed that
and if the board collectively wants this, we would do we would channelize that one to make sure right out only. That's what I think your comment was correct. Is that what you're saying? Well, we we we would build it for right only. Yes.
Yes. Right in only if after 90 days Yeah. Yeah. Your your point was keep them right out so they don't inadvertently go left out. Is going to need to involve the fire department as well because of their request to be able to get a fire. Yeah,
I think what Mr. Secker had said is that all the curbing would be mountable so that um the fire truck as they requested in their letter uh can go. So that was that was already a request, but yes, we were happy for them to see it again. Sure. Councelor, thank you, Mr. Chair. I have a question for you. Would no tables
be number four on that list then? Um, we agreed to remove it because it was in Mr. Troutman's letter. Um, he had raised it, so we agreed to remove it. Any other questions from board? Hearing none, I make a motion to
open this testimony up to the public. I have a second. Oh, second. Thank you, Michael. Anybody from the public wishing come forward, ask questions of this witness's testimony and only of his testimony? you have available time at the end to ask general questions. Please do so. Seeing no one come forward and
make a motion to close this motion. Thank you, Mike. Right, Mr. Chairman, our last witness is our professional planner, Justin Oiello. I state your name. I, Justin, do solemnly swear I do solemnly swear that I will tell the truth tell the truth and
nothing but the truth but the truth in this proceeding this proceeding. So help me God. Help me God. Uh state and spell your name. Justin Oello Au C I E L L O uh 52 Reckless Place Redbank Capone Consulting Group. Thank you. All right, Justin, if you could just give the board
your professional credentials as a professional planner. Sure, absolutely. Um, so I've been licensed as a professional planner in the state of New Jersey since 2008. I've appeared in front of uh this board on about five occasions in the last three years. Motion to approve. We'll inve
you've uh reviewed all the application materials, plans. I did. And relevant sections of the zoning ordinance and master plan. Correct. All right. Why don't we start? you can give a a zoning overview of the site and then if you can just get into the variance relief that we're seeking and the justifications
that you see. Absolutely. Um I think it's important to note that this site from a planning perspective uh is a significant improvement over uh what currently exists out there uh today.
Um as you saw through from the presentation, this is a a small building that's uh that's proposed. there's a significant bulk compliance. There is one bulk variance that is required uh for the sideyard setback which is which is in the in the center upper portion of
the site. Let me see if I can control this mouse. Oh, thank you. Up over here. Um, I think it's important to note that uh because we do uh abut the residential zone uh to the north of the property,
the um the setback that's required is uh is 50 ft. Uh as proposed, it's 31.3 ft. Uh if we were not adjacent to res Oh, I'm sorry. Sure. Is this better?
Okay. Um since we are adjacent to to residential to the north of the site um the requirement is is 50 feet for the setback of the canopy as proposed is 31.3 if we were adjacent to a commercial
zone. However um the condition would be uh 20 ft minimum whereas again uh that's proposed is uh 31.3 feet. That's again that's just in the canopy. That's just right. It's just to the canopy and I I I think it's really important as as I stated in my opening, this building is
small as you heard um from from Mr. Chan. Um this the building portion and the the shed portion of the site comply with all of the bulk conditions. So we do require one one bulk variance just uh for that canopy. Um and and as you can
see from from the rendering uh the site plan that's that's up on the screen uh there's uh there's landscaping that's that's on that property boundary. Um as you heard from Mr. Chan um I think it's important again from a planning
standpoint uh shifting up the building what currently exists uh today on the site the bank building uh you know out of the front yard setback on on Ritton Westfield. I think um I'm not a traffic engineer, but as you heard from our traffic engineer, that opens up the
sight lines of the site. It it's also a better uh um you know, from a planning standpoint, the aesthetics are much nicer as as well. Having the building and the shed more centralized on the site and of course, as you heard from Mr. Secular, um as proposed helps with
the circulation. It's just a more, you know, orderly progression of uh of vehicles. Um there's also the uh uh the increase of of the parking setback from from the current condition. Um there's a decrease in the building height from the current
condition. Um there is a um a decrease uh in in lot coverage. Um and part and parcel to that is the increase of open space. Um again uh planners always look uh you know to the aesthetics and the form and function of the site and I
believe uh what currently exists versus which proposed especially with all the landscaping that's around the site I think that really goes a long way to providing that that open space uh visual in a in a highly visible location. Um, in terms of the other variances that are
required, um, signage in general, it's it's necessary for for safety and the free flow of traffic. But I think as Mr. Chan had noted, um, whereas there are five wall signs that are proposed, only two of those signs are for for branding
uh, for, you know, for Seven Brew. Um, and of course, again, as as Mr. Chant had noted uh in his testimony um uh a total of 100 163.1 square feet of sign area is permitted uh per the code definitions whereas the the aggregate
square footage is uh 83.2 square ft. So it's not creating from a planning standpoint it's not creating a situation of of visual clutter. uh this is this is orderly um and and the intention of course is to uh not only to to um you know display the
site to have the visibility on the roads but also of course that that's part of the branding. In addition as Mr. Shana testified uh as well. Given that the building itself is is narrow and the you know facade is is rather uh small um
that creates a situation where this sign as proposed is slightly over the the 10% maximum of of of facade uh sign area. Um but again that is a a condition just due to the the shape and and the layout uh of the building. And you would say that
the size consistent with the commercial, right? Again, this is um this is this is one of the one of the smallest commercial buildings that that have I've experienced in in my almost 20 years of planning. Uh and and certainly given the
uh the um you know dimminitive size of this building and and the location on two busy roadways, it's you know really important to have that safety and and and visibility. And the signs again in my opinion relative to the scale of the site, the size of the site and the and and the size of the building, I believe
it's uh it's, you know, pretty modest in size. Um, relative to the um the the menu board um signs, um Mr. Ricky in in his letter dated uh April 29th, 2025 uh
does mention that the um the menu board serve to facilitate the operation of the drive-through lane rather than to advertise the business. I completely agree um with that. Um Mr. Ricky also points out in his review that uh section
195-106 um B uh6 permits a 40 foot menu board and a 25 square f foot pre-order menu board which are both larger uh than proposed by the applicant. Um so again I think uh the same kind of theme
continues with the menu board signs. Um they're they're relatively modest uh in size and they would conform uh with with that section of the ordinance. Um in terms of the landscaping, I think I did touch on that. Uh we do we we do propose
uh planting of of street trees on Westfield and and Ritton Road. Uh two existing trees will be preserved and retained. And I believe uh we are going to meet uh the comments uh in in Mr. Ricky's letter uh about some some additional landscaping on the site as
well. So those are the the technical um reasons uh from a planning standpoint uh that I feel that from the uh the C2 standard uh for bulk variances. I I believe uh the the the public benefits uh are met. In terms of the special
reasons or in terms of the purposes of zoning under the the municipal land use law, uh I think there are multiple um that that do apply with this application. Uh I would start with purpose A of zoning which speaks to the uh promotion
of the public health, safety, morals and general welfare. I think the improvement of the site from the the existing condition um to a um a use um which is going to be of value to the community and and really the curb appeal is going
to be a significant improvement over what currently exists. I think that goes a long way to satisfying the general welfare. Uh criteria G to provide sufficient space and appropriate locations for a variety of of uses.
Again, as evidenced, um, we do require, uh, one on one dimensional variance, uh, for that setback for the canopy. I gave the rationale as to why I think it's appropriate, but what really kind of jumps out to me in this application is that there's only one variance um, that's required from the dimensional
attributes of the site. The site obviously benefits from the corner location and the size and the smaller building. So, that really goes a long way to providing for the the sufficient space to accommodate this use. Uh I would continue with criteria H uh which
speaks to the promotion of uh free flow of traffic. Mr. Seckler um went through his analysis um and and he showed that the site can accommodate um the the traffic volumes uh passing the two roadways and also the circulation on the
site um as well. And I think this is a big one. Criteria I speaks to the promotion of a uh desire visual environment uh through uh through good civic design and arrangement. Um I think I think it really speaks for itself. The plan that is is is up on the screen. um
the increase in the open space, the landscaping, the shifting of the shifting the um the demolition of what currently exists and the new building, removing that site triangle, a real clean appearance and of course the architecture as Mr. Chan had gone
through as well. So I think the visual environment on the site is going to be a significant improvement over the current condition. Um that's the positive criteria. In terms of the negative criteria, the first prong is whether or not there would be a substantial
detriment to the public good. Um again, um the attractive site. It's not a 24-hour use. Um I think uh you know, in terms of uh there's going to be uh you know, screening on the on the northern part of the site that's adjacent to the
residential. Um there's not going to be any uh any spillage of light on onto the adjacent properties. Uh and as Mr. Secular testified. Um the circulation on the site and to and from the site works and we will you know work with the
police department and um your your board professionals uh on ensuring all of those conditions as well. That's right. And I I would say and and that's a great point. I I would say uh the existing condition today uh with the the drive-through lanes uh you know for
the bank that they are much closer than than the canopy that's um that's proposed uh you know this evening. Um and in in terms of whether or not there's going to be a substantial negative impact of the zone plan, the zoning ordinance in your in your master plan, this is a permitted use um you
know in the zone. So naturally the zone already uh you know envisions uh this use terms of your master plan the economic development uh is promoted uh through development of of this site and in this commercial corridor. Um so I think that really goes to the purpose of
uh advancing uh the tenants of your master plan. Um and and lastly uh your zoning ordinance uh does does site uh multiple purposes of zoning that um are for the most part uh verbatim from the
MLU well and as I had testified in the positive criteria. I do think there are multiple purposes of zoning that are advanced here. So so all in all um you know the real test of the C2 criteria is balancing whether or not the benefits do outweigh the detriments. Uh and I think
I think in this instance um there are uh substantial benefits associated with this application. Um I don't see much in the way of any detriments. Any concerns uh can be allayed uh you know by the applicant and the um you know professional team. Um so I think I think
on balance I think the benefits certainly do outweigh the detriments of this application. Just just two quick things just sticking on the negative criteria. you don't think there's any substantial impairment to the zone ordinance or zone plan because the actual building is 50 feet away versus a canopy. Is that fair to say? Yes,
absolutely. And then to what Mr. Chan testified to, even though there are some sign variances, the amount of signage that we're seeking is significantly less than what the ordinance permits. So, does that also go to that second prong of the negative criteria? Absolutely. It's not creating a situation of a visual uh, you know, clutter. Um, not
creating a situation where there's going to be way too much signage on the site. Uh I think the numbers uh and the data are very clear um that it's modest and uh you know appropriate for a location on a corner property. That's all I have for Mr. Oiel, Mr.
Chairman. Just move it move it up the other way or the Sorry. corner. Yeah, I think that's the existing sign that they said we were refacing. Santandar has an existing sign there and that's being refaced. That's
what that is. If that's what you were asking, Mr. Chairman. Same location as Yeah, it's not being moved. They're just refacing. I think it's I think it's fairly small, like 12 or 13 square feet or something like that. Yeah. motion. Motion. I have I have no further witnesses, Mr.
Chairman, but happy to answer any questions or that the board or anybody may have. Uh, Mr. Chair, before you open it to the public for comments as opposed to questions, you may want to hear from your professionals whether they have any comments regarding the application or the testimony
tonight. We'll start with Mr. Ricky. Good evening everyone. I prepared a letter to April 29, 2025 as part of the applicant's direct testimony. As part of the applicant's direct testimony, they they essentially agreed
to um some some minor recommendations uh in the letter in terms of landscaping, ensuring that uh that they're screening for any type of HVA equipment and similar type uh requests. Um the the variances here to me I think things to
focus on um clearly the sideyard variance um from 50 ft to to 31.1 ft. I think the board can evaluate the fact that that is an open canopy. Um, the applicant potentially could have had that canopy
on the opposite side of the building without a variance, but that would reorient the circulation pattern and would not work on the site. Um, in my review of the ordinance, uh, the provision for the 50-foot setback was created when the township created the
affordable housing zone to the north. the underlying zoning u for the CN zone if it's side by side you can have a zero foot setback and then on the corner lot traditionally um I think Mr. Officer Yellow pointed out in his direct testimony that typically a rear yard
setback is applied at 20 ft because it's an open air structure. Um um it's not to the building line. I think the board can take that into consideration in evaluating the appropriateness of the setback regarding
the signage. Um again, um one of the things that I look at as a planner is there excess signage in the total quantity and total total square footage. The testimony resulted that that's not the case. the applicant's looking to add some additional
directional signage on the building and from from my perspective it seemed to be scaled to the building in proportionate from I didn't see anything overly negative in that regard regarding their that menu sign issue um that provision
of the code is is located in a section called determination of sign area I believe if we recognize that when we were preparing new um signage regulations for the menu boards, that section would have been removed. So, I think there's a conflict in the code
today that the township may want to look at uh moving forward with with that provision. And then the the restaurant menu display sign that the the township's requirement of 1.5 square ft that that assumes that if you go over to
uh the beastro and there's a menu next to the building, um that's what that 1.5 square feet is for. So here they're trying to have their menu displayed on the property. Um, you know, for me, you know, they're trying to promote their business and at some point I think the
board has to evaluate that on their own with that. There's no real reason other than that they're promoting their business here. Uh, and trying to have another menu board, but overall the signage in terms of the the scale of it to the building was proportional. Um, and I do think their arguments regarding
it being a canopy and the overall improvements to the site. I think the board can evaluate that as as meeting the positive criteria with no substantial negative impact as well. That's pretty much it this sum. Yes, I've got no further comments beyond
our March 13, 2025 memo. The applicants already agreed to address our comments along with those of police and fire. So, thank you, Mr. Conor. Uh, good evening. Uh, I did a review
memo. Identify yourself. Pardon? Just identify yourself. Yes. Jay Troutman, Mcdana Ray Associates, Township Traffic Consultant. Uh, I did a review memo as well. uh they've agreed to comply with my comments and then this morning I
received uh the comments from the police regarding the left turn in from Ritton Road that was discussed during the hearing. So I uh took a second look at all of that. Um I would note that that left turn movement did exist when the
bank was operational. I'm not aware of any traffic safety issues that came about as a result of that left turn in existing in the past. Um I checked the sight line on that and you have clear sight line for people that are turning
left into the the use. So I think from a safety standpoint you have the opportunity to have that function safely. Uh the traffic signal provides gaps in traffic so there's adequate capacity for the movements that are projected to make that movement. And I
really like the idea of the probationary uh period to just let the police look at it, let me look at it while it's actually operating. I think that's a a really nice solution just to be sure that it operates safely. And that's really all I have to
say. At this point, I make a motion to open this to the public for any comments they may have. Do a second. Second, Mike. Thank you. Anyone from the public wishing to come forward make any comments regarding this application? Please do so. Seeing no one come
forward, I make a motion to close to the public. Do I have a second? Mike, thank you, Lance. Lance. All right. Um, any discussion from the board? Well, perhaps you do you want to offer an opportunity for a closing statement to applicants council?
Yes. Thank you. I'll be short. Uh so, first, thank you for the board for listening. I know we had four witnesses, so I appreciate everybody's uh attention to the matter. Um again, we came in here after consulting with your professionals on on the layout, tweaking it based on that. I think what the purpose of site
plan review is to impose reasonable conditions and work with the board on making the site better. And I think between agreeing to the review letters that we have here um from your professionals, also some of the conditions that we've enunciated throughout the course of the meeting, such as the channelized island, the
90-day um look back, removing of that table, um some of the signage that's been brought up in the last couple days from the police department and the um fire department, I think I've just reinforced uh that this application um was prepared responsibly and is even
better than it was when it came And there's really just one bulk variance and we're looking at the ordinance and it's even debatable whether it's required based on the fact that this is a corner lot. But even if it was required, it's it's just the canopy. The the building itself complies. Um it's
open air. Um it's for the safety of the employees and the customers. Um so we think it's appropriate and the rest of the site completely complies. you have all these benefits that I think we're imposing such as um reducing imperous coverage, adding more landscaping, improving the lighting and the
circulation on site. So, I think those are all benefits and I think the signage like I said at the at the beginning in my opening and I think was reiterated by all the testimony and by the board's uh planners that the the signage variances are really a function of the fact that it's a small building. Um but the signs
themselves are not that are not that large or impactful. So I think in terms of those variances, we've met the C2 criteria set forth in the municipal land use law. And if the board's agreeable to do so, I would respectfully request that they grant the application with the
conditions that we've discussed this evening and all the representations that we've made throughout the course of the proceeding. So thank you very much. Um Mr. Sure. The one thing I would add to the conditions is that while there's an indication that there will be a meeting with the police department tomorrow, uh
that may not happen. And so what I would suggest is that that meeting occur within two weeks of tonight and that uh the way the police department and the traffic engineer is going to proceed or recommend to proceed forward that that
be accomplished before the resolution is memorialized. So there is no issue as to what is being agreed to. I'm fine with that. If the board wants that, that's fine. Sure. Yeah. So I would request that that be part of the conditions if you're inclined to move this forward. Sounds reasonable. Counselor. Thank you.
One more question. Sure. And I guess this is more for us in the future if they decided to start doing food. I mean, I know that it might not be in the model, but to me, just you want my opinion, that would be something we'd have to come back to the board from if
we started cooking or doing something like that cuz even if it's not an express condition, for example, in the resolution, and then it's up to your attorney to do, we've represented what we've represented and we're bound by that. So, if it's deemed to be a material change, we'd have to come back to the board and seek that modification.
That would be my opinion on that issue and I will add that as a condition. Sorry, they do have muffin tops, but there's no cooking. They do have muffin tops, but there's no cooking. I just wanted to be as clear as
possible. Any other discussion from the board? Hearing none. Uh, does this woman like to make a motion to approve or deny this application? I'll make a motion to approve. Okay, Mike
trial councelor, would you like to just give an overview of the conditions that are part of it? Um, well, yes. At the beginning, I recited the five variances that are sought. Um, right now the applicant has agreed and and as Mr. Tuvel said, they've agreed to all the
conditions in the uh police report, fire report, engineering report, and planners report. They've also agreed to certain conditions on the record. Uh an additional condition was the one I mentioned about meeting with the police department within two weeks and uh
having uh the outcome of that meeting memorialized before the resolution is adopted. That's acceptable. Yes. And and the purpose of that is that if there is a problem, you know it before you adopt the resolution. I don't anticipate there will be a problem, but it you you adopt
that before you memor memorialize the resolution and if it needs to be addressed it the applicant can come back and address it before you start a probationary period. Have a motion. Do we have a second? Thank you, Carmen. Roll call vote.
Mayor Albanese. Yes, Mr. Olrich. Yes, Councilman Beniti. Yes, Mr. Cotch. Yes, Mr. Triayola. Yes, Mr. Alman. Yes, Mr. Steinberg. Yes, Mr. Bcado. Yes, Mr. Ronio.
Yes. Thank you very much everybody. hungry. Nothing. Jen, let me just see your agenda. I just need to see the agenda. You got page two, right? We're still in session. I think Mr. Ricky, you have a presentation for
us? No, no, no. There's uh two more things coming up. Okay, I guess I'm going to head up, right? Yeah. Why don't you go outside and I prepared a PowerPoint presentation. I
speak in the speaker. It's the design of this USB like Where are we here? All right. Uh, Donna, would you call this matter up so it's on the on the record? I'm sorry. Call up the item that's on
the agenda for this. Okay, the next item on the agenda is uh redevelop a presentation and resolution redevelopment study and preliminary investigation report for 52 Westfield Avenue block 105 lot 2.01 Broadway and
Joseph Street block 105 lot 26.01 and 56 Westfield Avenue block 105 lot 1.01. 01. Um, good evening everyone. For the record, uh, Paul Ricky, um, Mr. Cruz asked me to to go through,
uh, decent for me to requalify myself. Um, the study that you are hearing tonight is a condemnation study. So, he wanted to be clear about my background and my credentials to prepare the study. um starting you know I have a masters of city and regional planning from Ruckers
University which I received in 1997. I've been licensed as a planner since the year 2000. Uh I currently am doing work uh as a municipal planner here in Clark. Try to go in order.
Guttenberg, Lincoln Park, Lynen, Middle Sex, Nutley, Prospect Park in South Brunswick. Um the preparation of of redevelopment plans and and in and redevelopment studies has been a focus of my practice
and I I also prepared many while working for other consulting firms. Um I would estimate that I've prepared approximately 50 or so redevelopment studies in approximately 18 to 20 uh communities uh throughout the state. Um
I also uh testify on private development applications. Uh, I've been qualified in over 250 communities throughout the state. Um, you know, I think Albert wanted me to go into some of his expertise. You know, I work for some of the larger companies, Verizon, AT&T,
PSCG, um, and the like. Um, so I hope that's sufficient, Mr. Cruz. Yes. Thank you. And Mr. Chair, this is a little bit unusual. I did make that request of Mr. Ricky uh because although you know him very well and he's been your planner for
a number of years uh this this particular redevelopment study is slightly different than some of the other studies that you have uh undertaken. In this particular case the township council authorized that it be a condemnation
um redevelopment study. Uh so the effect of that is at the end of this process if you recommend that this area be designated in as an area in redevelopment to the council and the council accepts that re recommendation
then the governing body and and clerk can exercise the power of eminent domain and take that property. uh so in in my judgment I think it's important that there be a clear record of the qualifications of the individual that did the study and then the elements in
the study um and and the elements are really statutory elements there Mr. RKI is required to follow the local redevelopment and housing law in preparing um his study. You've been through the redevelopment process or or
the preliminary investigation process several times, but I would ask Mr. Ricky to in general terms outline what the redevelopment steps are. So to put those in context. Sure. Um as the board is is likely aware, the the process starts with the mayor and council. Mayor
Council authorizes this board to take a a a preliminary investigation report. In that matter, you asked me to undertake that report. As Mr. Cruz said, I prepare the report in accordance with the local redevelopment and housing along and I'm
going to go through this as part of my presentation that indicates a number of standards that must be applied in order for an area to qualify as an area in need of redevelopment. Um, as a matter of background, the board is likely aware of the fact that you've already designated the majority uh of this site
as an area needed redevelopment, an area need of condemnation redevelopment already. And while maybe I'll just skip forward here. Um, I'm just going to skip forward to the map just for a moment. Can everyone see that in enough detail or should I be zooming in a little bit?
Zoom in a little bit. That should be good. Little up. Sorry, I'm gonna have to work on my scrolling. Not too good at this. Um, so here we are uh um looking
at the aerial. You can see Westfield Avenue, you know, running in the the bottom left diagonally through the site. Joseph Street on the the upper left portion and then Broadway. So, we have three roadway frontages. I think everyone recognizes the the primary
property uh block 105 lot 2.01 the site of the the former AMP supermarket. I think was another supermarket before that people are going to tell me. Um and also block 105 lot 26.01. These properties are under
separate ownership. um as although they've they've continuously operated together and I'll talk about this more in a moment but the uh overflow parking associated with the AMP and a loading dock were serviced from 26.01 as well as
the only access to that lot is from primary lot 2.01 previously when I checked the tax records it showed both those parcels being under the same ownership. Um not when I checked them unless there was a recent change. Um
um and that was the same when the previous redevelopment study was done by Mr. O'Brien. He had the same conclusion. So if that's changed um it's still in a a separate lot of record and I'll I'll go through that. Um and then so the board has already found
that the AM site really collectively how it's operated lot 2.01 and lot 26.01 1 qualified as an air of condemnation redevelopment a few years ago. When the re resolution was submitted to study the area, it included all three lots. For
that reason, I felt it necessary to to reaffirm the fact that those properties still qualify as an area of need of redevelopment. And then the new property, the former investors savings bank, is located on block 105, lot 1.01,
1 the the corner piece of of Joseph Street and and Westfield Avenue. And I'm going to go through some of these the basic stuff quickly. Um collectively that the study area, let me see if I can zoom out here a little more. Um is 2.23
acres. There's the three properties. Uh again, I I just discussed um the uses of the property. They're in your DTV downtown uh district. And as I previously said, two of the three properties have already been designated as an area need redevelopment. I showed
you the map. Um some of this I talked about just to give you an idea of the sizes of the property. Um lot 1.01 uh is 15,000 square feet. Uh that contains the investor's savings bank.
Um, I'll talk about this more in a moment as well, but the the property itself for the investor savings bank um is in is in fine condition. The property is being retained well. Um, but what I will talk about is under the law, the redevelopment law was revised, I guess
about three or so years ago, where it recognized that if a property, and I'll go through this in more detail, um, has been vacant for a period of two years or more, it qualifies as an area of needed redevelopment. It says significant vacancy here. The property is 100%
vacant. So, just based on that fact alone, as a matter of law, it qualifies. And um the lot 2.01, the lot behind the investor savings bank, the the ex what I refer to as the uh the I guess the back
operation property of the former that's 1.5 acres. And then I pass it here. And then the uh the former supermarket site is 1.53 acres.
Um the criteria that we're that are being considered tonight for the redevelopment area are as follows. And I'm going to read this into the record. Uh criteria a the generality of buildings are substandard, unsafe, unsanitary, dilapidated or opo
obsolescent or possess any of such characteristics or so lacking in light air or space as to be conducive to unh wholesome living and working conditions. Um and that criteria I'll
discuss is is met for the former supermarket site. I think everyone knows that property. The board's already heard about it. The building's gutted. Um, it's boarded up. Um, and I'll talk about it more again in a moment. Um, there's been issues of attractive
nuisance and why it's boarding up is there's reports from the police department of people trying to get into the building, getting into the building. Um, there's no active mechanical systems on the site. The site's been vacant. Uh I I actually lived in town when it went vacant um in the years after um but I
didn't know the exact date. So I relied on Google um photography in the port that showed it around 2007. So we know it's been vacant for at least 18 years or so that building. So um this is a classic case um which I'll discuss more
in a moment of of the A criteria uh being satisfied here. Um and I as I mentioned before the B criteria which will also apply to the supermarket property as well as the investor savings bank and I underlined in the discontinuence of the use of a building
or buildings previously used for commercial retail shopping malls or plazas, office parks, manufacturing or industrial purposes. the abandonment of such buildings or buildings and it goes on significant vacancies of such
buildings or buildings for at least two consecutive years. And what we're talking about in that context is what's a significant vacancy. We're looking at the property since there's one building on the property that's a 100% vacancy of that property which I found to be significant because it's in its
entirety. Um or the same being allowed to fall into so great a state of disrepair to be untenable. You have to recognize a property could have a supermarket on it with multiple businesses. So, you're evaluating uh at that point you have to make a an
evaluation of what a significant vacancy is. Maybe there's 10 uses, but that's not the case here. So, I think the law is clear. And then redevelopment uh criteria D areas with buildings or improvements which by reason of dilapidation, obsolescence,
overcrowding, faulty arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, delletterious land use or obsolete layout. And the key is this is the second pronger. Any combination of these other factors are detrimental to
this health health morals or welfare. So the point is is that just because there's paint flaking on the building and the sight's in disarray a little bit, you still have to relate that to the second prong that this results in
factors that are detrimental to the healthy health moral I've had a long night. I'm sorry. I'm thirsty. Or welfare of the community. And I've already talked about the police reports, people breaking into the building. Uh and I'll talk about some other factors
as I move forward. So and then finally um um as you heard properties can also be designated that don't meet a specific blight criteria and there's no hard rule on this but but generally um it's agreed
upon in the people that do this type of work that this should be used sparingly. You shouldn't rely on the entire area under section three, but it is an something that could be used to designate properties that are uh in need of redevelopment. Here, a redevelop area
may include buildings or improvements which are themselves are not detrimental to the public health, safety or welfare, but the inclusion of which is found necessary with or without change in their condition for the effective redevelopment of the area which is part.
And as we move back looking at the site, um some of the the principal benefit too of the investor savings bank, I think it's pretty clear that it creates a perfect square lot for development potential. uh that improves the the
ability to develop this lot in really the best manner possible and including the the smaller lot associated with what I consider to be the the um the additional parking area and loading area on lot 26.01.
Let me just move forward here. And and I I have a little too much text here. Probably I probably but I was wanted to create a clear record tonight. Um again, the AMP lot has been vacant for approximately 18 years. Um
and I'm going to show maybe I'll jump to some of the pictures and I'll come back to this. Uh on the upper left picture, that's the rear loading dock area that's just in a state of disarray. Two pictures inside the building. Um just to
be clear, I had to take these pictures from the front window when I asked to have access to the building. When I spoke to the property owner, the building was boarded up. Uh why was the building boarded up? Because people were breaking into the building. So, um, by I
said, "Let me go to the front window and see if that's" and that showed pictures all the way to the rear of the building that shows that the building is is gutted. Um, that there's no mechanical systems, wires are hanging, floor panels are hanging. This is a building that uh
is unh wholesome um for people to work or to live in its current state. The picture four in the bottom right, that's showing some portion of the of the fence that's attempting to uh keep people out and the boarded up nature of the building. The building's 100% boarded
up. There's no access uh for anyone to get to the building because it's my understanding is that when the project moves forward, that building will just be demolished and there's no need for someone to go inside at this point. And then just a few more pictures. Um, you
know, again, showing the boarded up nature of the business building. Um, the um the broken pavement around the parking lot, the lack of striping, the the broken pole in the middle of the parking lot that looks like someone ran it over. It's a former light pole. So,
the site's a mess, for a lack of a better word. Um um regarding the B criteria for the investor for the um for the supermarket building as well uh again for the same reasons um for the A criteria the
building is in currently in a state that it's it's untenable. I think those pictures show that someone cannot activate that building. uh it's been gutted um and it's been vacant for 18 years. There are no mechanical systems that operate on the building. So, it
could not just be turned and reactivated this this structure. Um again, for the investor savings property on lot 1.101, um I'll show you a picture uh on the front of the building when I visited the
property. Um there's a sign there's a picture on the window that says our branch was closed on Friday, February 17th, 2023. Uh that assisted in determining whether that 2-year period was indeed met. And this is something that was
posted by the property owner. So we felt satisfied that that two-year criteria uh was 100% satisfied. And then we just show a couple pictures of the property. The property continues to be wellmaintained. It didn't show any uh dysfunction. Um it's it's maintained in
good shape, but it does meet the B criteria based on its period of vacancy. And then the D criteria, I talked about the reports from the police, um documented a resident reporting someone climbing into the building, illegal dumping, again,
teenagers climbing onto the roof. This is all in appendix E in the back of the report. Teenagers breaking onto the site well as graffiti uh vandalism. Um and again based on our discussions with the property owner that is what led to the building being
boarded up to prevent that attractive nuisance uh in the community. Uh we saw the rear of the building particularly on the loading dock. It's overgrown to vegetation littered with debris. Again, the site's boarded up.
Um, access to the building is not uh possible. This compete impedes emergency action. And collectively, all these uh result to an obsolete layout and design that's harmful to the public morals, safety, health, and wealth of the
community. Um, regarding 26.01, 01. Um that's essentially um an paved parking lot that may be under common ownership. Now my recollection in my review of the property tax record show uh it being
under two owners. Also that was reflected in Mr. O'Brien's report as well. Um again the conditions have not changed for that property since the last time the board has has witnessed it. Uh it clearly is needed for the effective redevelopment of the area uh to maximize
that the square property. Um it's kind of odd that it's not considered part of one property since it's always been tied to the supermarket property through access the ability to utilize uh that rear loading dock in that portion uh of
the site. And and it's my opinion that having that this property in the redevelopment area would make it a more effective ability to redevelop the the project as a whole. When you look at the project as a whole, um in terms of um one second, when you
look at the project as a whole, the the planning board in 2021 approved 75 residential apartments that would also contribute to the township's affordable housing obligation. associating with that in my review. I was not around of
the resolution that that would include as well at least 12 spaces that would be available for public parking. And in that resolution, it said that the entire surface parking lot um on lot 26.01 in
that general area would be available for the public uh as well. So, this project was designed to provide public parking uh to downtown residents, provide affordable housing. Uh, and I thought it was always a project that was intended to spark uh somewhat of a main street
look in the the DTV uh district. So, um all these elements that add to the ability for to reactivate this project are really essential to the town in a number of ways is what I'm trying to say. help meet this affordable housing obligation to meet your goals for the
DTV district through the revitalization of it and clearly to get rid of the eyesore uh that's been in place for over 18 years there and to and to get this project moving again. Um I kind of went a little quicker than I thought I would there Mr. Cruz. Um if you need me to be
more specific on anything I will but that really summarizes the conclusions. This is a pretty solid textbook case of of of meeting the criteria. Um particularly when the fact that the board has already found that two of the three properties met the criteria and
the last remaining property uh meets it based on the two-year vacancy provision under the beat criteria. So it's the only comment I have is you were when you were scrolling you you have a chart. Oh yeah. And that chart uh just
visually explain what that chart is. summary chart, it's meant to show the criteria satisfied on on each site. Um, so on on criteria 1.0, lot 1.01, uh, that's the investor savings bank. It
meets the B criteria. I didn't talk about the age criteria tonight, but that's a smart growth planning principles that it results in in promoting smart growth. Um it's generally felt that when you apply the the H criteria, it has to be with
another factory. You can't rely upon it upon itself because it's a non-blight criteria. But uh advancing the the municipal master plan encouraging mixeduse development along Westfield A uh is a smart type of growth as
recognized under the state plan and this application would promote smart growth. Um, and that holds for all the properties for block 2.01. Uh, that's the supermarket primary property. Uh, I showed how that meets, uh, purpose A,
uh, purpose B being untenable. Purpose D through the obsolete layout design and purpose H. And then finally, the the remaining uh, surface parking lot on 26.01. I showed here as H. uh and
conservatively needed for the effective redevelopment of the area. I will note that the previous report uh said it met the E criteria. Uh I did not make that same claim um because the information
really did not show me that uh today that there is a diversity of title or something that's causing that that lot from redeveloping. Clearly, it's underutilized. I couldn't come to that 100% conclusion, so I left it as
criteria needed for the effective redevelopment of the area. However, that site's already been uh designated as well. And in terms of meeting criteria, other than uh criteria H, uh for a property to be designated for
redevelopment, it has to be meet only one or more of the criteria excluding H. That is correct. So all of the properties uh one property in includes four criteria um or three criteria excluding H uh one
1.01 includes two uh excluding H and um 26.01 01 includes one the uh needed for redevelopment and and and that's a smaller property in the redevelopment area and on an area it's 15,200 some up
square feet out of getting old um 2.23 acres so it represents a relatively small area of the redevelopment study. Um I don't have any other questions Mr. chair, but I did neglect to uh set forth
some procedural items before Mr. Ricky began his testimony. Have a question. Um why wouldn't lot 2.01 be considered needed for effective redevelopment? Because it's I didn't because it's the parent property that meets all the
criteria. So, um there's no it it already meets the criteria. So, um it was really duplicative to put it in. I felt would have made tic tac toe. What made tic
tac made? Oh, okay. I would I have any other questions. The board um it's my understanding that the um part of the delay resulted from the redevelopers desire to you know obtain the investor bank property. Uh I don't
know um if that transaction has occurred yet, but that that's the goal for this to be one cohesive development. In my understanding, if that happens, this project should move forward. At least what I've been told by the devel redeveloper. Uh procedurally, Mr. Chair, just let me
uh add a few things to the record. Um, on July 15, 2024, the council authorized the planning board to conduct this study. On September 5, 2024, the planning board authorized the planner to conduct this study. On April 10th,
2025, and then again on April 17, 2025, notice of this hearing was given in the Union County Hawk. So, I find that the board has jurisdiction to hear this matter. Uh, Madame uh, Secretary, did you receive any written comments
regarding the preliminary investigation report? Did you receive any written comments? I did not. I did not. Thank you. Um, what what the board is being asked tonight is really a very narrow
question. Does this do does this set of properties meet the criteria for redevelopment? You're not being asked to project into the future what's going to be built here, what's going to what it's going to be, what the redevelopment plan will look like, what a site plan would
look like. You're just narrow a narrow focus on whether or not the criteria is met. If your recommendation to the council is that um the criteria are met, then the council has to take separate action. A redevelopment plan has to be
prepared and adopted as any other ordinance and eventually it would come back to the board for site plan approval, but that is not before you uh tonight. In addition to that, I would like to mark um the preliminary investigation
report that you have before you as PI-1 and the power presentation uh that Mr. Ricky has utilized as PI-2. Uh for the record, uh with those procedural items, uh Mr. Chair, you can
proceed to debate or discuss the matter. I find that Mr. Ricky has presented sufficient information to find uh determine that the property criteria has been satisfied. Um and we can proceed. Any other comments, questions?
I make a motion to is it a resolution or Well, I did include um a resolution, a draft resolution in the package. Um u because there was no public
comment. Um because there was no public comment, there is no need to amend the resolution. the resolution is consistent with the testimony that you have heard tonight and with the uh preliminary investigation report. So, I make a motion to approve the resolution. Do I
have a second? Second. Second. Roll call vote. Mayor Albanese. Yes. Mr. Olrich, yes. Councilomani, yes. Mr. Cotch, Mr. Catch.
Okay. I'm sorry I didn't give the audience an opportunity to come forward with any No, you you're absolutely correct and that was my fault. I I should have been paying more attention. I apologize. I saw no one. Well, there is someone there are two people that behind Mr. Ricky. You should ask the
public. Yes, this is a public hearing. At this point, I make a motion to allow the public to come forward with any questions or motion. There have a second. Second. Thank you, Mike. Anyone from the public, please come forward. State your name and address.
Dillia Collins, Clark, New Jersey. I just have a couple of questions. A little closer to speaker, please. I'm sorry to the mic. Speaking to Okay. Is that better? Just Okay. Julia Collins, Clark, New Jersey. I just have
a couple of questions regarding the investor savings property. From what I tried to investigate today on my own, is that still owned by Investor Financial Services Incorporated?
That's my Okay. And I went on the tax some of the tax information and the Joseph Street and Broadway piece of property. There's no owner listed on Paul. Could you get up to the
microphone so we can capture this all on on Oh, sorry. Sorry. Um, I'm not sure if I understand the question. I'm sorry. Let's go to the map. Maybe that help. No, because I know what on the on the ourclark.com page.
Okay. You can put in an address or you can put in the block number and find out who's the owner of the property. Okay. Okay. And on this property, there's no actual address. It's just block 105, lot
26.01. And there's no owner listed. Um, when I looked it up, it showed because I rely on on tax records. And my understanding is it's realistically owned by the same property owner, but it's but it's listed as separate owners
um in my tax database. And then years and years ago, um, there was distinct ownership but with the same address. And I did not see that. So I conservatively called it separate ownership in my
report. And under what you put out today on your agenda, it said resolution. Does that mean the resolution will be presented to the township at the next uh workshop meeting or was it supposed to mean that a resolution would come from
this meeting? No, a a resolution would come with this meeting if the if the board decides to recommend to the council to designate this as an area in redevelopment. This board recommends by way of resolution that is given to the
mayor and counsel. Then the mayor and council make an independent determination as to whether or not to accept or reject or modify the recommendation of the planning board. So this is the first of two steps. Okay.
Thank you. Anyone else wish to come forward? Please do so. State your name and town. Hello. Um Susanna Fagen Seveli 60 Wendle Place Clark New Jersey. Um just now I think I heard you guys mention about or
ask if there were any public comments something like that on um maybe I'm just ignorant but I'm not sure we have seen anything to comment on prior to this meeting. Um was there some place that we should have looked at so
that we can you know submit some public comments too? I'm sorry. Comments about what we just heard or something separate. She wants to know about where she would have seen the report to comment on. Is that your question? Yes. Well, it's it's available when the the
uh agenda goes out. It says that it's, you know, that it's going to be on the agenda and it's available in the clerk's office for anybody that wants to see it. I mean, there was a you click on something and nothing came up. Um, so I know this topic was on the agenda, but
there was nothing to comment on. No, no, no. Well, the the the actual report is not put on the web page. It's available in town hall for anybody that wants any document like Kevin says in the beginning of the meeting. Is available at town hall for
site plans, um, reports, anything. Oh, okay. I may I guess I may just ignorant but uh I only saw the agenda a couple days ago uh April 29th or something like that came out so we supposed to go to town hall look at the report and matter
well you could always call and we could email it to you at any time. Yeah, I just wouldn't know about it until I saw it on the agenda. So it just seems like maybe like I said maybe just I'm ignorant that I don't know what the process is to even comment on it. So
when you ask you know are there any public comments that might be why you're not receiving any public comments. So I'm not sure we can address it anymore but just wanted to let you know. Well ju just two things. Uh the legal notice was published twice in the newspaper. The
last twice in two once in two consecutive weeks and the last publication 10 days before tonight. So and what publication is this? The Union County Hawk. Okay. that is the official newspaper of the town. So, there was an
opportunity to come to to the municipal building and uh review the report, but you've heard the testimony tonight, you've seen the PowerPoint presentation. And so, based upon what you have heard in testimony from the
planner and the PowerPoint presentation, is there any comment that you have or any question of the planner? Well, I do have some comments. Okay. Ask a question. But I would like to have a little more time than just listening to this, you know, presentations.
U so I that's why when you ask were there any written comments from the public? It's like oh I couldn't have had any written comments. Well, this is your opportunity tonight. Well, I think I need a little bit more studying of the presentation of the whole thing before I can make a comment. It that's why we
advertise it twice. Yeah, like I said, maybe just ignorance. It doesn't matter. Do you have a comment or a question, please? Oh, I like I said the the whole thing about the red redevelopment criteria if a uh business
is vacant for two years is can can be condemned already. Kind of surprised me. U people asking for the highest price for their own business. I mean it's it's not my know I wish I own those but I don't own those things but I was just surprised at some of these criteria. So
I would like to understand where did that come from? Is it a standard thing? Like it's not something I can just comment now you know when I heard it for the first time. Um so I was well how could I have known about this so I can comment on it prior prior to this
meeting. All of the criteria that Mr. Ricky relied upon are by way of law and that law was adopted by the New Jersey legislature and signed by the governor. So it is state law, the local
redevelopment and housing law. It is not something that the township of Clark council developed. It is not something this planning board developed. It is relying upon state law that has been codified. Now as Mr. Ricky said uh the
criteria regarding substantial vacancy was added approximately three years ago uh uh in in conjunction with the COVID 19 pandemic when many office buildings,
shopping malls, strip malls became vacant uh and were just sitting there idally. So the legislature said added a new criteria which is this vacancy concept to allow property to be
redeveloped and not just simply sit there forever. And you see that in this case the uh supermarket site has been vacant since at least 2007 which I totally agree and the bank surprised two years people are trying to sell a business it might not happen in two
years that well that we're the the council and the board follow the law. So it's only only occurred three years ago. That's it. That's this. Well, the law is effective on the very day that the
governor signs it. Okay. And prior to that, there was never in existence. It was not a criteria. Correct. So, anybody who want to sell a business, if you don't do it by two years, no, no, that's it has nothing to do with selling the business. It has to do with vacancy.
Well, a business is not used anymore, but somebody's trying to sell it. It might take a while to sell it. And this new law says that if you can't do it by in two years, um, somebody's going to take it away from you. I mean, it's not your law. So, it's just a criteria. It's
just a criteria you would have to meet as part of a process. It doesn't mean we're going to go looking for everybody that's been vacant for two years. It's a process that's occurring. It's one of the criteria that has to be met that allows us to say your part this parcel
has is going to be part of a redevelopment requirement but for that investor's bank that was the only criteria it met is is that correct that's correct so no no which is kind of arbitrary right the
primary criteria okay yeah so that kind of surprised me so I understand that it's a new law that you guys are using but it just surprised me. So basically I would have not have known about it until this. So when you ask for public comments privat there's nothing to
comment because I didn't hear anything. Sorry for that misunderstanding but going forward you now understand that it is publicly notifi noticed in newspaper. We also post it on the web page when you see something from the planning board. Donna has graciously said please contact
her. You can either go to town hall and ask for the information and they'll provide it or you contact Donna and she will email you a copy of it. Okay. Well, I appreciate that. Thank you. Oh, thank you. Would anyone else like to come forward?
Seeing no one, I make a motion to close this to the public. Do I have a second? Second. Thank you, Mike. Okay. Um, sorry for that. Roll call vote, please. Well, I'll just make it official again. I'll re uh Okay, I'll re
make a mo I'll making a motion to approve the resolution. Do I have a second? Second. Thank you, Mike. Roll call vote. Uh Mayor Albanese, yes. Mr. Olrich, yes. Councilman Meniti, yes. Mr. Cotch, yes.
Mr. Triayola, yes. Mr. Altman, yes. Mr. Steinberg, yes. Mr. Brocado, yes. Mr. Ronzio, yes. Resolution passed. At this point, I'd like I'll make a motion to open this meeting to the
public. If anyone would like to come forward, have any general comments or questions, please do so. Do I have a second? I'm sorry. I hate to interrupt you, but Mr. Rick is going to make a presentation regarding the status of affordable housing. That's under old business. Yes.
But my suggestion is just open it to public comment after he makes that presentation in order to allow people to comment if that's so there's All right, we'll skip. There's no new business, old business. Please give a overview of our
status of the report on the fourth round housing element and fair share housing plan. Sure. Um, as everyone's probably likely aware, um, this board is going to be required to adopt a new housing plan by
June 30th of this year. And right now, I'm going to get into the particulars, but we're looking to schedule that at the the June hearing for to for the adoption purposes. Uh, at this point in time, the the town created an affordable
housing committee. Um the committee has been working hard um evaluating the the new laws placed upon the township um and its old obligation, its previous obligation to to bring that together for
for one um housing plan as part of the law as part of the the town's previous obligation. Um the town had a 243 unit obligation in the previous round which was reduced to 170 units. As part of
this plan um the town has to show how it complies with the previous round and the current round moving forward and the town has selected a number of sites in the previous round. Um, and we re-evaluated those sites. And regarding
the previous round, the plan is going to be drafted for consideration, at least what's been discussed, or at least how I've been um we've been discussing this as a as a committee in the townships, playing board planner, affordable housing, planning board attorney, and
affordable housing attorney, is that we believe that all the remaining sites in the previous plan continue to remain viable with the exception of the Jack's Tavern site for obvious reasons the CVS was built there. Um you know you had the Euro time approval as well but that site
anticipated more development but the plan as it is um for the previous round would remain largely the same. Um, moving forward into the to the fourth round, um, the township had an obligation, as
reported by DCA, of 166 units, um, and a rehabilitation share of 71 units. Under the affordable housing rules, the township could evaluate its amount of vacant land. Um, we looked at
this pretty closely. We did it once and then we readjusted that evaluation and that evaluation showed that there are no vacant properties in Clark that are large enough to create five units that would
be necessary to create at least one affordable housing unit. So that results in the township having an RDP realistic development potential of zero. Um, we also looked at as part of that analysis sites that were likely to
redevelop. When you look at the law on this matter, um, it gives examples of sites that are more likely to redevelop. Those are like farmland type properties in Clark. The only thing even close would be
Shiferstein. That's already in the plan. um places like uh golf ranges and the like. There's deed restrictions on the golf course. So then we looked at the town throughout and looked at and evaluated are there any large vacant
properties on in town? And those really don't exist in Clark right now. And if they do, they seem to be being occupied or or being part of a bigger picture here. to the investor savings bank which is a small property. It wouldn't be large enough to create five units on it
in its own like unlikely maybe um but um it's it's still being evaluated for or were still being considered for affordable housing purposes. Um there's some nuances in the way that the law was was written and the way the legislature
wrote the law is that they said that a township is required to zone um nonetheless of 25% it says of its realistic development potential. So um and if this gets confusing I I I
apologize. The difference between a town's affordable housing requirement and its RDP that occurs a part of the vacant land an analysis is called unmet need. And historically unmet need it's like it's like magic. Um you have to
provide opportunities for affordable housing to be developed in part of that unmet need. But it's not a hard number that you have to achieve but you have to provide those opportunities. What the nuance is in the way the law was written is that it said that you're you're
required to to to zone for 25% of your RDP and not 25% of your actual need as calculated by DCA. So this is something that we're not entirely sure how it's going to play out through the entire process, but through the strict letter
of the law, Clark is for round four, if the art if the vacant land adjustments is upheld through this process, is required just to provide opportunities for new housing. Um, if that's not the case and the legislature or the the program that reviews this says that
Clark has to zone for uh hard zoning for 25% of that 166, that number comes down to approximately uh 42 units. So, in this regard, what um what the township did was that we started to look at and
evaluate properties. Am I allowed to discuss the properties? Yes. Okay. I don't like to do I'm going to hand out a map and Extra one. Um, so I didn't leave one for myself,
but that's okay. Um, I I I have a table that I'm looking at myself here that's a it's a work product. Um, the the first property that was identified I I don't need Yeah. Okay. I
don't need anything, right? Is uh the the Grand Satorans. I think everyone knows that site. Um the banquet facility off of Madison Hill Road. Um that property is approximately 4.42
acres. Um the Shifferstein property essentially across the street uh for affordable housing purposes was zoned at a density of 16 units per acre. Right now, we're contemplating zoning that property at 16 units per acre um for an
age restricted type of development there. Um would be at a at a 20% set aside. Um that development may create around around 14 or so affordable housing units.
Um, and should I just go through them all and we'll come back we'll come back to discussion purposes or Well, right now you're trying to present an overview. So, identify the sites that have been uh um con that were considered as potential and then that the o the
type of overlay zoning that would be u imposed on that site. As the as the board's aware, the issue in Clark is that there's really no existing large vacant sites. So, anything that that's undertaken realistically has to occur on
a site that has something on it. Mr. Cruz is looking at me like I'm crazy. No, I'm I'm just paying attention. Properties that are lying around vacant. You're you're a built town and that and the the vacant land adjustment, you know, validated that. Um and and and
part of the process too is um you can receive some credits depending on how redevelopment does occur as part of this project. The second area that was identified are four properties that are
um Clarkton Plaza and the Clark Village next to it as well as right next to Clark Village. There is one it's like a doctor's office there. And those four properties um were identified um as a
potential site and and that's a very busy supermarket. I think a lot of people shop there and the like. It was identified because it is an older commercial complex uh in the town and has a higher probability of of
potentially redeveloping. Um, this is not an easy task to select sites when there aren't vacant properties. I think the town, in my review, when you did your previous affordable housing plan, you had more
sites that that you know, the AMP site that were more obvious soft sites that you want to encourage uh redevelopment and revitalization to. Um, that's really not the case like it was 10 years ago.
Um so that site was selected. Um and then the Polish Heritage Foundation, the old school site was selected. Um that's a 3 point just under three approximately 3.5 acre site. Uh if that site was also
zoned at a density of of 16 units per acre, um that that would generate approximately uh 14 affordable housing units uh as well. And then finally was identified what we're calling as the
Raridan CN sites. Um and those are shown on the the top of the map. And that's essentially going from Friendley's to Murro. Um and then a few of the properties uh on the back of of like
where Friendlys is. Um that area was was identified again as having some some older u commercial buildings. the area behind um a good portion of that site adjoins parking associated with Curry
Field and one of the thoughts was that it's there's some older uh buildings there. Um part of the the analysis and was undertaking was that we're trying to uh have sites that the ability to buffer as much as possible from from u nearby
residential sites and to have uh transitions. Um and these properties um provided the ability to to do that. Um so this was the collective work of of
the committee to date. It's not my say independent analysis pick these sites. Uh but that's where we stand right now for discussion purposes. So we you have to pick somewhere. So um if people have the board has properties that you think
should be considered um I'd like to hear that uh as well. None of this takes these properties and changes their current use or forces their current use to change. It just gives the opportunity going forward for
a developer to use these properties for increased density to comply with and meet our affordable housing needs. and and the premise behind it is by applying the density of 16 units per acre that's supposed to provide an incentive for
someone to come in and to be able to build a combination of market rate in affordable housing. So these are are shown at 80% of the units being market units and then 20% being affordable. And if the town doesn't present
something that gets accepted by the state agency, it's unprotected and a developer could come in and try to force us to develop a property however he sees fit by saying he's going to be build affordable housing. Um, yes, the
township would lose its immunity and I think the town knows of examples nearby where lawsuits were in place and you know that's the goal is to to prevent to hopefully provide something that works for the town and to eliminate that
possibility of of the the town being sued for that purpose. For sure. Nobody's thrilled with having to do this, but we have to do it to comply with the regulations and laws that are out there. and put us sort of in the driver's seat by limiting it to specific
areas as we did the last time. Any questions from the board, comments? Any other properties that you have any questions about or thoughts on? Mr. President, I just want to, you know, bring one additional thing up. You know, we've been going back and forth.
We probably spent over 10 hours, you know, probably close to 12 hours now on calls going through each one of these properties identifying, you know, what makes sense is, you know, um, you've been on those calls. Um, I want to just
emphasize that again, this is not something that, you know, as a township we want to do, as any town in the state wants to do. I mean, currently there's, uh, 150 or so lawsuits going on. uh people are appealing it but this is
being mandated by the governor. It's coming down from the state. It is something that we don't have a choice to comply with. So we are you know by working and putting this plan together we'll uh protect ourselves in the future
but not only that um you know we'll direct where those places would be. Uh this is all still going to go to the council. the council is going to have an opportunity to opine on it. So, it's not, you know, in the the final version. Uh the committee still has to do it and
a a detailed plan on how we're going to satisfy these the requirements from um the affordable housing and the rehabilit