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Video-Count: 1
Video-1: youtube.com/watch?v=G3GaLJ5bWYI

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Township of Edison zoning board of adjustment special meeting of April 28th, 2026 is now in session. Adequate notice of this meeting as required by the Open Public Meetings Act of 1975 has been provided by the annual notice published in the Home News and Tribune on December 4th, 2025 as posted the main

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lobby of the municipal complex on December 4th, 2025. Please join me in the pledge allegiance to the flagg of to stands one nation indivisible and justice for all. Madam Secretary, roll call, please.

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>> Mr. Carly, >> here. >> Miss Knight >> here. >> Mr. Magaletta >> here. >> Mr. Aayat >> here. >> Mr. Johnny >> here. >> Mr. Certo >> here. >> Mr. Patel >> here. >> Mr. Dvet >> here. >> Mr. Sedaha >> here. >> Vice Chair Gorman

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>> here. >> And Chairman Gumba >> here. >> Thank you. >> Thank you, Madam Secretary. Madam Secretary, minutes for consideration. Minutes of April 21st, 2026 for approval. >> What's the board's pleasure? Motion to approve. >> Second. >> Motion by Vice Chairman of Gorman.

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Second by Mr. Patel. Roll call, please. >> Um, Mr. Johnny >> here. >> Mr. Patel, >> yes to the motion. >> Mr. Sada, >> yes to the motion. >> By Sher Gorman, >> yes on a motion. >> And Chairman Kumba, >> yes on a motion. >> Thank you. >> Um, Madam Secretary, first resolution

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for approval. >> Z19 2025. Jessica Laskkey for approval. >> What's the board's pleasure? >> Motion to approve. >> Second. >> Motion by Vice Chairman Gorman. Second by Mr. Patel. Roll call, please. >> Mr. Cerrito, >> yes on the motion. >> Mr. Patel,

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>> yes to the motion. >> Mr. Dvet, >> yes on the motion. >> Mr. Saha, >> yes to the motion. >> By Sher Gorman, >> yes on a motion. >> And Chairman Kumba, >> yes on the motion. >> Thank you. >> Uh, second resolution for approval. >> D34 2023. Mohamad Zubar for approval. >> What's the board's pleasure?

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>> Motion to approve. Second. Second motion by made by Vice Chairman Gorman. Second by Mr. Sadata. Roll call, please. >> Uh, Mr. Patel. >> Yes. With the motion. >> Mr. Det. >> Yes. On the motion. >> Mr. Sada. >> Yes. With the motion. >> Vice Chair Gorman. >> Yes. On a motion. >> And Chairman Kumba.

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>> Yes. On the motion. >> Thank you. >> Thank you, Madam Secretary. We have one announcement for this evening. Case Z24 2025. Vivian Pereira at 1651 Woodland Avenue. Uh, will not be heard this evening. It will be carried to May 12th,

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2026. If you're here for this case, Z24 2025, Vivian Pereira, it will be heard on Tuesday, May 12th, 2026 with a meeting beginning at 7 p.m. here in council chambers. If you received the notice, you will not receive another notice. This will serve as your notice.

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Good evening, ladies and gentlemen. This is a special meeting of the Township of Edison zoning board of adjustment. The bo board is composed of Edison Township residents appointed by the ed by the mipal council who volunteer their time and service to the board. The munipal land use law requires that members successfully complete a land use training course administered by the New

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Jersey department community affairs. This board also holds in-house training conducted by our board professionals. The zoning board abides by the provision of the misfit land use law in addition to our board's bylaws. The zoning board is a quasi additional land use board which differs from the township planning board. Under the Miscellaneous law,

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board members are required to be impartial and are not allowed to discuss any case prior to being considered at a hearing. All applicants will have the opportunity to present their case before the board along with the opportunity for board members and board professionals to question the applicant and their witnesses. At the conclusion of the applicant's presentation of their case,

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the case will open to the public. Residents in 200 ft of the subject site will be heard, followed by residents from outside of 200 ft. All residents will be sworn in. They'll provide their name and address and be given five minutes to comment on the application being considered without the opportunity for rebuttal. Residents may ask

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questions of the applicant, the applicant's professionals, and board professionals. The board requests that these questions are asked prior to any commentary being made on the application. Once commentary begins, the resident's timer will begin. The applicant will be allowed the opportunity for cross-examination of their witnesses. Under the law, the

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chair is allowed to stop any commentary which is repetitive or attempt to filibuster the board. Further, the chair is stop is allowed to stop any commentary that is irrelevant to the case or prohibited from the board's consideration. Once a public portion is closed, all public comments are ended unless new testimony is presented by the

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applicant. Following the closure of the public portion, the applicant will have the right of summation on their application. Following summation, the case will go to the board for a decision. This procedure has been followed by the board and is similar to procedures followed by boards of adjustment statewide. The municipal land use law requires the board to engage in

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a balancing act. is not required to strictly apply attached abdances, zoning plan, or master plan. As a board of adjustment, variances are granted when appropriately necessary following all legal considerations. As has been the case with prior boards, this board will see where we're at if we are still in

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session around 10:30 p.m. I ask that all applicants, professionals, and residents show respect to each other and be civil throughout all proceedings. I ask that you withhold applause, booing, or interrupting anyone while they are speaking. The chair will not tolerate outbursts by applicants, professionals, or the public. Further, since most cases

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are being recorded by a court reporter, I ask the speakers do not speak over one another. Madam Secretary, first case on the agenda, please. >> Case number Z31205, Tanuja, Aani at 110 Calvert A East. Applicant is seeking bulk variance to

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construct an addition to the existing single family dwelling. The following standards have not been met. Maximum coverage by building required is 23% proposed as 28%. Affected property is located in the RB zone designated as block number 979. Lot number 5.02 on the

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Edison Township tax map. All noticing paperwork is in order. >> Good evening, Mr. SH. >> Good evening, Mr. Chairman, members of the board. Uh for the record, my name is Bernard Sh, the firm of Conv Cry and Shire representing Tanuja Ayani and

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Satish Gerotra. Uh with regard to the home uh they purchased at 110 Calbertt Avenue East, lot 979, lot 5.02 in the RB zone. Uh presently this is a vacant single family one-story home. Uh what we

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are proposing is an addition uh replacing uh the deck. uh and uh in the area of the kitchen and part of the bedroom. Uh the uh addition uh is proposed because uh in this fashion

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because my while my clients could go up uh they need to stay single story uh because of certain disability of uh one of the uh family members and also uh

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when the uh older parents come to visit uh they can't do stairs. Uh the variance sought is for building coverage. Uh it is uh relatively minor. Uh instead of 23% we're looking for 28%.

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Uh and once again uh we need the addition to be on the first floor. Uh I have uh Mrs. uh Adani here to testify as to why they need to stay single story and uh have our architect and planner

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here to testify as well. Unless there are any preliminary questions by the board, I'm ready to proceed. >> Mr. Sh, I [clears throat] have a preliminary question. So, I have a denial of a zoning application, excuse me, dated August 28th, 2025, and it's to

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Tony Gorum. Um, and then we have a stop construction order uh for November 25th, 2025 uh that lists the applicant. Can you shed some light on this discrepancy between these names? >> I What are you the denial of a of a

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zoning application? >> Right. >> So, this is addressed to Tony Gorum. >> Gorum >> for 110 Calvert Avenue East. >> Oh, that's the contractor. >> That's a contractor. That was the contractor came in.

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>> Okay. All right. Thank you. Board it. >> Sure, >> Mr. Rayat. >> Um, we also have some >> If you be on the microphone, please. >> We have some pending matters concerning uh outstanding summones. >> Um, >> yeah, that's that's correct. Those are

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uh being uh listed in court after this hearing in order that we can cure any problems that existed. [clears throat] >> I'm not quite following you. What do you mean? I I sent them two summones, right? >> And they haven't appeared in court or

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>> we've already entered ple and are not guilty and we are appearing. The this court hearing has been adjourned. >> Okay. I have not had the court has not contacted me on that matter. Um but [clears throat] they were they were denied a permit and then they continued

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work. They started >> that was the that that's correct. And that was without the knowledge of my client. Uh the contractor obviously came in and uh >> and gutted the house without >> started work without started work without they did you know my clients

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didn't live there. >> So obviously they were sort of victimized. >> So there's Mr. What is Satishi >> Gorum? Is that >> No, that's he's the he's the husband.

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>> Okay. So, you're saying he's coming to court? >> No. Well, he's summoned to court. He's one of the owners of the of the property. They the two of them own the property. >> Okay. So, there's no there has been no work going on on the house.

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>> No, no, not since it was stopped. >> Okay. Okay. [clears throat] All right. >> No further questions. >> Thank you, Mr. U. You may proceed. >> Thank you. Call Mrs. Aani.

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Good evening everyone. My name is Tanuja Adani. I am the owner of One. >> Hold on a second. Please. I have to swear you in. You please raise your right hand. Do you swear or affirm the testimony you'll give this evening is the whole truth? >> Yes. >> Okay. Thank you. State your full name for the record, please. and spell it.

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>> Tanuja Adani. T A N U J A D I A N I. Go ahead. >> Uh, Mrs. Adani, uh, you presently reside at 30 Jersey Avenue in Edison. >> I do. Yes. >> How far is that from 110 Calbert Avenue East? >> It's about a half a mile.

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>> Right. And, uh, you, uh, and your husband purchased the property at 110 Calbert Avenue. >> Correct. We did. And uh why did you uh want to buy that house and live there? >> We love the neighborhood. Um it's very it's a great community. We wanted to

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stay in the neighborhood. Our first home we purchased in 2018 and we've been looking for our second home cuz our current home doesn't have room to grow. Um both my children are I have an elementary schooler and a middle schooler. We need room and we needed

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someplace that didn't have stairs given my uh given some health problems in the family. Um we also have parents to come and stay so we needed room. We found the 110 property. Uh it was enough room uh to build a ranch or to use the ranch,

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add the addition. Um we love the neighborhood. We thought it was the right place to be. And uh you're seeking the only variance you're seeking is for uh building coverage uh on the property because you need to stay at one story instead of going up. >> Correct. And my understanding from our

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architect is that if we did go up, we wouldn't need any variances, but um my family's needs are different. So, we're here. >> I have no other questions of Mrs. Aani. Does the board have any questions of Mrs. Audani? >> Yeah, Mr. Chairman. >> Mr. Dav. >> Um couple of questions. When did you buy

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this property? uh May 2nd of last year. >> And is this going to be your primary residence? >> It is. Yes. >> You're going to move in from wherever you are living now. >> Correct. With the reason we couldn't move in is because there were cracks in the basement and we were told by our contractor that

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it was unsafe to live there. So, we couldn't move in. >> You you currently living in that neighborhood? >> Yeah, we're living at 30 Jersey Avenue, which is a half a mile away from the property. Okay. And then the application was denied for the zoning.

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Um, and that was done as of August of last year. >> Correct. So, by the time we got architect drawings and we hired a contractor, we got a bank involved became August. Our contractor filed for permits. That's when we came to know

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that we had a variance. So the stop work work order was issued oncember >> uh november. >> So you started work even though zoning permit was denied. You started work there. >> I hired legal licensed contractors

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approved by the bank. I travel for my work and my husband has a bad back. he can't really, you know, manage everything and visit the property very often. We passed the property every day on our way to school to drop off our um elementary schooler. And we didn't see anything that would suggest that there

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was actually work going on. The only thing we did, you know, tell the contractor his ask of us was can I start removing some internal structures which is not going to need permits. I'm not a contractor. I don't know the laws. I assumed that if he was asking for it and

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he was bank approved that it was okay. That's the only thing I approved. >> Is he a licensed contractor? >> He certainly is, sir. >> New Jersey state licensed contractor. He doesn't know that he can't work without a permit. >> Right. >> He still did.

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>> That is my understanding. Yes. >> Did he file for the permit after the fact or no? >> Um I believe after that we told him not to do anything. We said I just said look stop everything. you know, we've received these summons. He received the first summon, I think, and he kept it to

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himself. It wasn't sent to us or was sent to him directly. And because I travel, we didn't get notification until, you know, and we got skip involved and he explained the whole process to us. >> Have permit on file, Mr. >> There is no permit on file. So,

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>> not even application, >> no applications. We have nothing. Um, [clears throat] >> I'm I'm sorry. I when I hand it off to a contractor, I'm assuming they know what to do. I'm no idea what they're doing. Our architect turned in um drawings as

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was requested. So, we did that. That's what he asked for. And then the next thing we know is we're receiving summons a few months later. >> I'm just curious like you received the summons. It was in Gatra's name, Satic. I don't >> Yes, my husband. >> Okay. Um why did no why how come no one

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came to my office or come or came to court? I >> contacted Skip. I didn't know what to do. And we entered ple and not guilty in court and asked that it be >> they didn't wait. How could they enter p in court if they didn't come to court? >> Do it by mail in municipal court.

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>> I Okay. Okay. Skip. You're the attorney. I mean um >> for too long maybe. But that's how you do it. >> You're a good attorney, too. Uh, may I add, but um, so I've this is my first time seeing you and I'm just it's kind of hard to understand how a house could

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be completely gutted, everything taken out of it, insulation, sheetrock, wires, everything, pipe. You had two 30-yard dumpsters out in the street, out in the driveway. And you weren't aware that >> there was no dumpster in the driveway

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before we got the summons. We actually paid for those dumpsters once. >> There's a dumpster, >> correct? Th those happened to come out after we received the summons and we insisted that all of the debris be cleared up. The timing of that is going to be December. Sir,

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>> who you insisted? I'm sorry, I didn't >> Yeah, we told our contractor that he had to get uh the debris cleared out after we got the summer. >> Yeah, the t the township demanded that before they have any hearing before the zoning board that all the debris be

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cleaned up off the property and that was done. Uh, no. This that dumpster that 30-yard dumpster was full when we went there to stop the job. So, it wasn't as a result of someone from another department telling you to clean the job. We didn't want we don't want anyone on the property when we stop a job. That's

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the whole purpose of stopping a job. No one is allowed on the property other than the homeowner. So, we didn't tell them to clean the job. >> Sir, I had no idea there was a dumpster on the property. I not that I'm, you know, I wasn't there. I travel quite a bit like I've mentioned, but I have no idea that there was a dumpster on the property before we received the legal

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summons. >> You live close by though, right? >> We do, but I only passed by house. >> We passed by the front and we did not see a dumpster, sir. If we had, we would not see the work going on. You did not see demo going on. You did not see >> the house looks totally Oh, I'm so

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sorry. Go ahead. >> Did not see dumpster. You did not see any activity there. >> There's nothing that showed there was anything going on from the front. Mr. >> Thank you, Stabby. Um, ma'am, the you're are you still retaining the same contractor?

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>> At the moment, we don't have a choice until we get to the permit stage and the lender is then notified. Only then can we go and change contractors? >> Okay. And then also within this packet there are photos. Um, are these photos that you produced or Mr. W is something that your office had produced? Uh,

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>> I did not produce those. I have a copy of mine. Pardon? Uh Pat Liry did. >> Okay. >> Construction. >> Okay. All right. Thank you. >> And for the record, who's Pat Liry? >> Uh she is the uh head technical assistant for the construction

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department. >> Thank you. >> And let the record reflect that Mr. Chabra has arrived. >> Does the uh board have any questions? Questions for questions from Mrs. Vice Chairman. >> What's the date of these pictures? >> You'd have to ask.

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I'm just asking a question. What's the date? >> That would be uh Mr. Chairman, that would be um December 9th, 2025. >> Thank you. And um

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the summons was issued January 16th, 2026. Mr. Aayat, the stop work order that we have is November [clears throat] 25th, 2025. >> What's the date you have? I'm sorry.

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>> November 25th, 2025. It's so signed by the construction official on December 5th, 2025. >> Okay. That yes, that would be um >> the UCCC that would be that would have been signed by John Sultz. He's a construction official.

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>> Correct. Does the board have any other questions for Mrs. Aani? >> Seeing none, Mr. Sh. >> Thank you. Uh called [clears throat] uh Mr. Kaz get his name. Make sure I get his name right. Uh, Ron Kasmarsski.

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Mr. Kasmarski is being offered as an architect. >> Hello. I'm Ron Kasmmorski, the architect. >> Please raise your right hand. Do you swear or affirm the testimony you give this evening is whole truth? >> I do. >> Okay. Thank you. Please state your full name. Spell it for the record. >> Ronald Kasmarski.

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Last name K A C is in cat. M A R S K Y. Mr. Kazmoski, you have appeared before the board prior. If you could please give us the benefit of a summary of your background and qualifications, please. >> Yes, I um I've had appeared before. I attended New Jersey Institute of

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Technology for Architecture. Uh received an architectural degree. Um was licensed since 1997 and practicing architecture in New Jersey since then and have probably hundreds of submissions to Edison through the years and test

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license is current and good standing. Yes, you may proceed. Thank you. >> Thank you. Uh Mr. Kasmarski, could you uh briefly uh describe for the board the condition of the property as it exists and what the proposal is? >> Okay. So, currently and I we'll show you

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the floor plan that you have already reviewed, but basically >> what's the sheet number on that, please? and the floor plan. >> The two sheets I'm going to refer to is the A1 which is the proposed construction plan and then I'm also going to

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talk about the D1 which was the demo plan which would show the existing configuration of the house >> and those and both of those have been submitted already to this board >> and they have okay and a T1 which is an overall site plan which shows the addition. >> So essentially the current configuration

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of the house had a void in the back left corner >> just because Mark if you'd like to to take the microphone with you and come up >> that's you don't have to stay in the chair. >> Yes. >> Okay. >> There's Yeah, you can. >> Much easier. Much easier. >> Yeah. You can Whoever is Whoever's easel the easel that is they they'll gladly

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lend it to you. >> Yeah, you can use it. >> Got to give it back though. >> Said lend. >> Okay. So, [snorts] come back left corner of the house. Bring it forward. >> Yeah. So, the board can actually see it. He's good.

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>> So the existing configuration of the house is this area. >> What sheet is that? Please just identify the sheet. It's D1. >> And this is D1. >> Okay. Correct. Continue. And currently there's a deck which occupies most of this space. And

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my design for the owners is a residential edition for additional space in the house which I'll go over the proposed rooms. >> And now you're talking about a sheet A1, correct? >> And sheet A1. Correct. >> So what we did is we filled in

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essentially the void which is in the back left corner of the house. The design of the house was needed to be on the first floor for the health reasons of the owners. So what we did is we maintained the existing front yard

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setback, existing rear yard setback, existing sideyard setbacks, did not uh go over the height allowances and filled in this area. it um did trigger a um building coverage variance.

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Uh far uh floor air ratio is okay. So essentially the existing house had and we'll jump back to the D1 had three bedrooms

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and living kitchen dining and the proposed addition has four bedrooms, one, two, three, four, and an office. So, the addition will include a larger

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family living space, an additional bedroom, and an office. And what we did have is an additional, again, we're over on the building coverage, which I think we were 23% and this goes up to 28%. If we designed

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[clears throat] the addition to go up, not being over the floor area ratio, we would have accomplished this design over two stories and no variances. So really just making it on one floor, that's really what put us over the building.

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>> Does the board have any questions for Mr. Kmarski? >> Mr. Chairman, >> who's I can't say. >> Yeah. Mr. Start. Uh, anything in the basement? >> Okay. In the the what we did do,

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which I'm going to refer to the T1. [snorts] >> So, this is the site plan and although it's a small scale, you can see the configuration of the house. This two-toned area here shows what's the existing deck and again the area of of

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the addition in the corner of the house. In the center of the house, there is a an area with a crawl space and it did have some foundation issues which is part of the reason why they didn't initially occupy the house. So, in

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fixing those foundation issues decided to underpin and make that additional basement area. So technically the expansion also includes additional basement in this area of the house. >> Are you proposing to finish the basement? >> No.

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>> So just be as >> storage, right? >> Absolutely. Okay. All right. >> But don't go back. >> No. >> Oh. Was the proposal to finish the basement? No. At this point, it's just to create additional basement area.

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>> That's it. Any other questions from the board? >> Mr. Chair, I have a question. Mr. >> Chber, >> so currently with the dumpsters that were shown in the pictures, a lots of soil was exported. Is the underpinning done or what's the status on that? No. So, so I should add uh during this

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process and I know with working with the owner and then actually getting a call from John Sult who I know which as this everything unfolded is I'm familiar with the owner preparing the plans and her intention was obviously hiring me signing ceiling

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plans anticipating submiss to the township and hiring a contractor. So we all were surprised when the contractor who was doing some demolition in the house cleaning up as he submitted. So I think in his mind he submitted the plans

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he started some demolition. So he went and demoed and I guess and I didn't really see it but I guess trying to work with that existing crawl space taking some dirt out. I don't know that he was constructing anything but he did create

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you know he did do demolition. He had a lot I thought at the time he put it in the yard and one thing I heard initially was you know what's going on there's no permit release there yet and there's garbage in the yard and it really needs to be cleaned up and this and this work

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needs to stop. So I did hear that >> during that process. >> So where does it stand as of now? >> So they stopped immediately. So [clears throat] the he did he did some demolition in the house and he did do some cleanup of the existing foundation

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that was um not proper in the house and a and from what I understand there was a lot of debris in the yard that subsequently got put into a dumpster and I'm not sure if the dumpsters are gone. They're gone now. Yeah. So that it it got cleaned up. So but once the town

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said stop everything stopped. >> Okay. So right now in the basement with the with the photograph dumpster that's a that's a 30-yard dumpster that's filled to the top of soil. So that that whole basement imagine that dumpster in the basement excavated out. So the

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question is like what's the basement standing on right now? Is it standing on a new foundation that's been that was designed by the plans or is it on strut towers? Like what are we looking at right now if you were to go right now in the basement? >> Um so there's existing foundation.

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>> Okay. Um, and then removal, I guess, excavating to create additional depth to align up with the existing basement. >> So, my assumption is there's existing foundation walls, a crawl space that was existing, and then additional excavation. >> Got it. Got it.

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>> So, the support the supports around that area are fine. It's just when you're going from a crawl to a basement, you're going to remove dirt. >> Okay. >> So, he guess tried to get a jump start on that and he shouldn't have. >> Okay. But the sides are not pinned right now. They didn't start that process. >> No.

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>> Okay. All right. >> Thank you. >> Any other questions? >> So, for the basement, what is the total square footage going to be when it's done? So the area that's going from crawl to

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basement is 22.5 wide by and I don't have the measurement on here. I would say approximately 25. So approximately 22 by 25 area that will go from crawl to to

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basement. >> Any other questions for Mr. see none. Thank you very much. Appreciate it. Mr. SH, thank you. Well, Mr. Dupant, >> we'll leave this. So, I'll leave the site plan for you.

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>> Please raise your right hand. Do you swear or affirm the testimony you'll give this evening is the whole truth? >> I do. >> Okay. Please state your full name and spell it for the record. >> John P. Dupant. D U P O N T. >> Mr. Dupont, you've appeared before the board prior. If you could please give us a summary of your background qualifications.

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>> Certainly. So, I am a licensed professional engineer and planner pro uh before you today as a professional planner licensed in the state of New Jersey. I have acted as the planning and zoning board engineer and planner for the bur of car red for the past 28 years. I've been throughout the state and applications including this board

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both as a planner and engineer. Your license are current in good standing. >> They are. >> We'll accept you. Thank you. >> Thank you. Thank you. Mr. Dupont, uh you've been retained uh by the applicant uh to give the uh planning uh testimony regarding this application and variance. Correct. >> That is correct.

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>> All right. Did you have an opportunity to uh check out the property? >> Certainly have. >> Could you please give the board uh the results of your observations? >> Absolutely. So, we're talking about 110 Calbert Street. That again is block 979

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uh lot 5.02. 102 in the RB zone. So, as you heard, it's an existing single family onestory dwelling approximately 2,300 square ft is a ranch on the property. The applicant's proposing to construct an 800 foot addition to the rear of the property. Basically, we'll

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square off the home as the architect just showed you. Um, it will be the addition will be in the total rear of the property, not visible from the front yard. It will meet all side reord setbacks. The only relief needed for this project

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is in fact a building coverage where 23% is allowed, 28% is proposed. The proposed dwelling with the addition will be 3142 ft total. The applicants proposing the renovations and the addition to the home to

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accommodate their family needs. A key component of the design is the expansion of the first floor living area which is necessary due to a medical limitations of the applicant that restricts mobility and requires the primary living functions to occur on the first floor.

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There is no F variance requested. This isn't a case where the applicant wants as large of a home as they could have on the property. This is a case where due to medical necessity, the applicant needs a functional first floor. Again the variance required is simply the maximum allowable build building

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coverage 23% allowed we are at 28. The relief can be granted I believe under both the C1 and C2 criteria. If we look at the C1 hardship first under the C1 criteria the hardship arises from both the conditions of the property and

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unique circumstances of the applicant. The existing home and lot configuration limits the ability to expand while remaining uh within the strict building coverage limits. At the same time, the applicant has a legitimate and compelling need to reconfigure and

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expand the first floor to accommodate a family member. This creates a situation where strict compliance with the ordinance would prevent reasonable and necessary use of the property, specifically the ability to safely and practically reside in the home. In my opinion, this constitutes a valid

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hardship. It also qualifies under C2 hardship. Sorry, C2 flexible C. The particular application is well suited under the C2 criteria by providing a safe and functional living environment tailored

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to the needs of the family and specifically the family with medical restrictions. It allows the occupants to be in a single family home setting rather than seeking alternative housing. is promoting the appropriate use of a residential property, advancing the general welfare which is

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recognized as the purpose of zoning. This is not simply an expansion for convenience. It is a necessitydriven design solution. The planning benefits of accommodating accessibility on the first floor clearly outweigh any minimal detriment associated with the increase in building coverage.

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>> Could you please be more specific as to what does a community benefit for this? It keeps a property in a residential community, res single family residential community consistent with that. We are not exceeding the height, the floor ratio, the size. We're building

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something very consistent and will look exactly like it does today. The same exact development design and impact. Uh the necessity of first floor expansion because the required living space must be located on the first floor. the applicant cannot simply build upward and remain

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compliant. As a result, a modest increase in building coverage is functionally unavoidable to meet the medical needs of this household. [clears throat] The requested building coverage represents a limited and reasonable increase from 23 to 28%. It's a total increase in only 800 square ft,

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which from the street will not be seen. As you've seen by the architectural plans, the addition is tucked behind the existing ranch. It meets the rear yard setbacks, the sideyard setbacks, height setbacks. The addition is being designed to

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primarily be in the rear, won't be seen from the street, maintain all the existing streetscape, maintain light, air, open space. Such an increase in coverage will have minimal visual impact and will remain consistent with the characteristic of the neighborhood. And we did look at

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homes within 200 300 feet of the existing property. We found it within 200 feet of the property. Again, using Google Earth as an estimate, five existing homes exceed the the building coverage currently. Within 300 ft, we found 12. Just to give you an idea, we

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do meet the neighborhood. It's consistent. Now, despite the increased building coverage, the property will continue to provide adequate light, air, and open space, outdoor use, preserving the overall intent of the zoning ordinance. >> Uh, Mr. Dupont. So the lock the building

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coverage is going from 25% up to 28%. The lock coverage is going from 35.3% to 37%. Is that correct? >> I think No, I think that's not correct. >> Oh, no. I'm sorry. >> We're complying with that. >> You're complying. So you're with So it's under 37%. Okay. Okay. Thank you. I'm sorry. I apologize. [clears throat]

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>> And Mr. Dupant. Uh, can these this one variance be uh granted without any substantial impairment of the zone plan and zoning ordinance without any substantial detriment to the public good? >> Absolutely. >> And in light of the fact that you can't

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uh see the addition uh from the street uh is it fair to say that uh this variance is relatively dimminimous under the circumstances? >> I would agree with that statement. I have no other questions to Mr. Dupont. Does >> the board have any questions for Mr.

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Dupont? >> Mr. Chairman, Mr. D. >> So this RB zone the maximum F allowed is what I have. [clears throat] So according to the F certification

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uh maximum allowed F is 44% they're coming in at 27.9%. Chairman sorry document but okay so [clears throat] Mr. Um if this application gets approved

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with the hardship, would you be able to would you be ready to consider um condition that in future if you come for any additional [snorts] addition to this house you will not seek any variance to go more than 44%. Would

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that be a condition? >> Absolutely. >> No variance for F whatsoever. We will we will not seek anything unless we come before this board. >> Thank you, Mr. Chairman. >> Thank you, Mr. Ty. Any other questions? Mr. Dupont, >> I have a question. Mr.

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>> Um, so you're going through this type of construction to convert a crawl space into a full basement. Will this be full basement height? God, I am >> It will be full height. >> It'll be full height. Will it be heated?

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Will it be conditioned space? >> No, >> it will not be heated. Will not be conditioned space. So, you're going to have a 7 foot basement. You want to go through this expense for a 7 foot basement for boxes for storage for Right. It will not be used habitable

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space. It will not be used for >> no bathrooms, nothing at all. >> Absolutely. Absolutely not. >> I'm sorry, Skip. Absolutely not. >> Mr. Kazmarkski, you're going to have to get on microphone if you're gonna So, the existing crawl that there's

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foundation problems in the existing crawl. So, that prompted uh repair and with the repair, it's adjacent to a basement. Um, and currently there's no proposal for finishing or adding bathroom or bedroom, but there currently is a bathroom in the

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existing area. So, okay. So, the existing area is finished. So, the proposed area um is in in the basement area is ex uh approximately an 8ft ceiling.

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>> Okay. That that's like the biggest storage basement I've ever seen in town. I'm a retired mason contractor and I can tell you that's an extremely expensive >> fix for some cracks in the foundation wall. >> So with with this design and that basement area there would be no

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restrictions to you know finish that area. >> That's what I'm asking the board. Yeah, there would be so in that area with the with the given height that it would be it would be habitable space and it would um >> there'd be restrictions if the board set

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restrictions. >> If the board set restrictions, right? >> Would you agree to restrictions that that's not going to be habitable space? >> Well, I the I could tell you the restriction would definitely be not to create space to put us over the floor area ratio, but

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>> basements aren't included in floor area ratio. >> They are not. >> Yeah. Yeah. So I would say that given that it's an 8ft space and it would you know and it's adjacent to finished basement area. I would say it

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it probably would not be a good restriction. My recommendation would be not to be have a restriction to limit that space given the size of that house and the basement being there. I think the structural repairs for the crawl weren't much different other than excavation of dirt to to to work with

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the existing depth of the foundation that was adjacent to it. So I would say [cough] my recommendation would be not to limit use of that area and I think but I think the variance

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that we're seeking is really the building coverage upstairs. So if I in creating that area, it would really be a submission to the building department to to you know to finish that area with whatever appropriate finishes. It would not be a

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variance to for us to seek that area to be finished. So but in the future if we do propose to finish that area we would submit would have to submit to the building department but not the variance board. >> I just you know uh Mr. Mr. Chair, I just

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have some serious questions that you know after submitting an application, the application is clearly denied and then a month later the work starts. The whole house, it's not just some demolition. The house was completely gutted.

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Everything was thrown out into the dumpster, excavated all around the back, the rear yard, 30-yard dumpster is full. They live a half mile away and didn't know that the contractor was doing the work. It's it's kind of hard to believe for

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me. I'm speaking only to my own you and myself here. It's kind of hard to believe that this basement at some point in time in the future may not have plans to be finished. >> So, you know, >> I would I would assume the intention is to finish >> definitely to finish it. Okay.

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>> Which is kind of not related to our request for the variance, but >> it's definitely pertains to the scope of work. >> The scope. Yeah. understanding the scope of the work is I would assume 100% that ultimately gets finished >> homeowners raising her hand but go ahead.

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>> You're going to have to switch microphones with Mr. Kari. >> Sorry with your permission. Um the Can you let me know the date of the picture of the dumpster? I mean, I can't believe that I drove past there and didn't see a dumpster. I understand what you're saying and it's hard for me to believe, too.

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>> I show you. >> Yeah, but if you could give me a date, that would be >> it was it's not the point. The point is that the work began and was started without a permit. That's the point. >> I I absolutely agree with you. I'm not disagreeing with you, but when we were notified that there was an issue as a

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homeowner, >> we sent you a summon. >> Well, we we insisted that the contractor stop all the work. And to our knowledge, that's when the dumpsters were mandated by the permit group by John. >> No, that's not that might be to your

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knowledge, but that's not what happened. >> I if I could just get a confirmation on when that picture was taken. It would help me cuz I feel find very hard to believe too that I'm driving past >> and I'm I don't see a dumpster in the driveway. It makes me look >> inept. [laughter]

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So um and the other thing is the the basement that we you the crawl space we our plans include a bathroom. So there is already a bathroom in the space. We're just you know there is a plan to take some of that space and put the bathroom there. So I just want to let

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you know that that's in our plans. So I don't know bathroom counts is finished I think. Just clarifying that >> Mr. Chairman, vice chairman, >> on clarification on drawing A1 dated 66 2025 on the proposed basement

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floor plan. You have a proposed bathroom. Mask, you're going to have to grab a microphone. Mr. Chair, just as as the board's considering this, I just, you know, I just I haven't been involved in the

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conversation, but there's two things the board may want to consider is that Edison's definition of floor area ratio, which is specific to Edison, and it's uh Edison's uh ordinance is pretty tight, right? It uh generally ex it generally

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excludes uh unfinished basements and attics uh from the floor area. ratio calculation, but that the exclusion doesn't doesn't really mention uh habitable spaces. That doesn't really it doesn't make the classification of

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habitable spaces. Habitable spaces as defined by the the uniform construction code. Uh those are areas intended for daily living activities, bedrooms, living rooms, kitchens, and dining rooms. other things

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like bathrooms, toilets, closets, halls, storage are not included as habitable for UC. So, Mr. Architect, you're going to describe to the board the difference between UC and what the ordinance intentions were versus the language of

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the ordinance. Mr. Shear is going to determine on the fly whether he needs relief from the floor area racial ordinance because right now I'm hearing that that you don't need relief from the floor area racial ordinance. >> Yeah, we we do not need relief from that. Okay. So, just make the distinction and you did prepare the

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floor area ratio calculation certification sheet and submitted it to uh the good-looking people down at the end of that the dayish, right? >> Yes. >> Okay. And everyone found everything to be in order. >> Yeah. And and we're and we're under

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significantly under the allowable floor area ratio and that's because there's no second floor. >> Are you counting whatever the application is now? Are you counting that floor area ratio, the basement square foot in the floor area ratio or not?

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>> Um, I would have to look at the worksheet. We >> can Can you >> Yeah, I think we're Yeah. Um Yeah. >> Yeah. Habitable addicts and patients, >> right? Up to 23.

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>> No, no, no. Don't go there. Just Sure. Sure. >> So, we have 2,800 square feet. See, we are right. So, we are where 44% is allowable. We're at 27%.

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>> No, I I get it. But 27% does that include the basement square feet now or not? >> The that that includes So I guess in Edison the garages count >> garages count habitable attics uh count but not unhabitable attics and not

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basement. >> And what about habitable what about basements with finished rooms? >> Right. So I I didn't include that in the calculation. >> You're making it habitable basement. Even if it's a finished basement, it wouldn't count. >> Correct.

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>> So, currently they have an area that's finished that's right here. This would not >> at the basement a bedrooming kind of stuff. It doesn't become habitable. >> Sorry. >> Yes, it does become habitable. But >> Mr. Dav, if you could just be in the microphone, please for the court reporter.

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>> Give me the F. So currently this area here is a is a finished area in the basement which which was not included in my floor area ratio calculation. There is a current bathroom there which is existing.

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The bathroom's been modified to improve the area of the bathroom. It's actually slightly bigger than the square footage of the bathroom that exists. This is the area here that has been added as additional basement space. This also

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would not be included in the floor area ratio and there would be no bedrooms in the lower level. So it would not trigger >> basements are not included. Ron just not Yeah. So so that 27% is accurate on the plan on that

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>> habitable addicts are included un uninhabitable or not. >> Thanks Jim. Right. Right. >> So, how how much work is done now for the basement? Did you do the foundation or just the excavation? >> Excavation only. [snorts] >> The full basement is excavated now, but

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no foundation. >> I don't know if it's totally excavated. He got stopped. No, he got he got stopped when he >> I don't believe the and I will say the excavation is completed. It's not completed. >> And I did ask and I spoke to John Sult. So the contractor did take my plans,

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submit them, obviously anticipating a permit and started the work. So it's it's not it's it's I guess it's worse to start the work with no no permit and no submission of permit, but he submitted it and started the work and before the release.

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>> But is there's a letter of denial on those plans? Is that correct? Is that the same plans that we're talking about? So he got denied but then he still submitted it. >> Well, no, he submitted started work then got denied. >> So he got denied. >> No sir, no during the time he was

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denied. >> They received a clear denial >> to start or do the work >> and he started after that. Okay. >> Correct. Yeah, he started after that. >> Oh, I didn't know that. >> We've had no contact with the contractor, no contract with the homeowner. None. No one came to our

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office to explain to us and I put my phone number down. Contact us, please, so we can rectify the situation. never received anything. Um, but I take Mr. Sh's word that uh they pleaded not

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guilty to the court, but I received nothing. So that's, you know, that's what it is, >> right? We're two things happening in tandem. The the solution for >> for that

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>> and then you know the the request. I got you. Oh, okay. So, since Mr. Kazmari has a microphone, does anybody have any questions for Mr. Kazmarkski from the board? Seeing none. Okay. So, then you can hand the microphone back to Mr. Dupont and

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we'll uh we'll check with him. >> Mr. Dupont, do you have anything to add? >> Planning testimony is complete. >> Okay. So, do anybody have any from the board have any additional questions for Mr. Dupont? Seeing none. Thank you, M. Dupant. Miss Sh, do you have anything to add?

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Uh not unless uh there are some questions from public. >> Okay. So we'll now go out to the public. Anyone within 200 feet feet of subject site want to be heard. If you're within 200 feet of subject site, you receive a notice via certified mail. Sir, you could please approach

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>> and our >> I might ask maybe so I can see. >> Yeah. Hold on. We'll get it now. Thank you, sir. [snorts] >> Okay, sir. So, if you um are going to ask any questions of uh the applicant or

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the witnesses, uh please ask them first. Um and then once you start commentary, you have five minutes uh to speak. Once your commentary starts, your timer will begin. and our attorney will swear you in. If you make comment, I have to swear you in. Are you ask questions or make comment right now? What do you want to

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do? >> A question because I have a procedural question for >> Of course. Uh um >> my name is Brett Schulcoud. I live at 112 Calbert Avenue. East. >> Spell your name, please. >> Brett Bt Schulkroud. S I L is in Lima. I

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is in is si. L is in Lima. D is in Delta K R A U T. I live at 112 Calbertt Avenue East adjacent to the property. You know, before my time starts, I just want to say uh this case was on the agenda for

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December 2025 and it was carried to a later date with notice required and I found out about this uh case tonight because I saw Mr. Dupant walking around the backyard. I was not given formal notification.

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Um, so I'm requesting that the case be adjourned so that my attorney has had uh ample opportunity to review this matter. I will also say that while I've been sitting here, I heard from [clears throat] one of my neighbors at 106 Calbert Avenue East that they too have not been served. So I know this

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says proper notification has been um, you know, given, but I don't see I have not received it nor from my neighbors and so >> so council is do you have proof of service? What are you looking at? >> Submitted. We submitted the uh certified

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uh mail uh mailing uh proof from the post office. What we're required to do. >> Do you see his name on there on those receipts? >> Uh it's 112 >> 112.

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You would have had it for December, but you will not have it for now. And you said you have counsel. You've engaged counsel in this regard. >> I I will. Yes. >> Okay. Thank you. >> Yeah. And I found out about this because I saw Mr. Dupont on the property. >> Understood.

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>> Came over. >> Yep. This is rather indicative of the way things have been progressing apparently. >> [sighs] >> Oh, mother. It's not on the 200. the list we received. >> Okay.

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>> From the township. >> Who is your your neighbor that also did not receive service? Do you have the name? >> Uh 106. I don't have the last name, but the first name is Alfonso. Okay. >> [clears throat] >> Maybe the aft question is did anybody

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receive [snorts] 106 is on the list. But there's a there's a allegation that they did not receive service. You have the green card for the return receiping. Excuse me. >> Uh we

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the uh Yeah, we have 106. We have a receipt from the post office. >> What's the date? uh dated. Uh it was all done on uh February 12th, 2026. >> Hold on one second, please. Lonzo and

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Carmela. Lonzo, gonna take a quick break, chair, to take a phone call. motion. Second. All >> agree. >> I oppose. All right. Thank you. Cruz.

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Wonder if he's the owner of the property. >> The board will return to session. Please take all outside conversations outside of the council chamber. [clears throat] >> We're going to Yeah. So, in light of this concern regarding [snorts] notice,

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and I think there may have been an error with respect to the the 200 foot list, um, and the fact that, uh, Mr. Shield, is am I saying your name correct? >> Uh, Shieldcrad, >> Shield Crow, excuse me, uh, was hired council and his neighbor was not aware of this. I think it'd be appropriate if we carry this for one session. Um, I

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understand your client wants to get moving on this, but at the same time, and you you have this court date you have to deal with. You know, there's a bit of a bit of a mess up here. And I I don't know that that we could just say um that we should

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just plow through. Well, I you know, I mean, it's it's in the board's discretion. In fairness to the applicant, we did notify every property owner on the list we were given. >> Well, I understand that and I think I

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think it'd be appropriate too to get to get another 200 foot list. Make sure that everybody on the second notice that you sent out is all was, you know, make sure confirm that everybody on the on this list is is complete. Um, and then we should have the have the hearing was May 12th is the next date.

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Um, Madam [clears throat] Secretary, >> we could offer May 19th as the next date because he'd need time to renotice if there was renotic. >> Yeah, I guess today is the 29 the 18th, excuse me. >> Sorry, it would be May 19th.

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>> Would there uh would we be only required to notify the one gentleman since we've already notified everyone else? >> Well, that's what I was saying to you before. Get the 200 foot list. Make sure that everybody on the second notice is make sure everybody on this third the third list that you're getting now has

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been given notification and just do that. >> So we will only have to require notice of people who were not on this list and may show up on the second list. >> Yes. >> Okay, Mr. Schulkrout. Um so May 19th 7

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p.m. here in council chamber. So >> okay, >> thank you for raising that issue. Um, and if you have a council, then you have an opportunity to make that happen. Um, thank you. >> Okay. >> All right. Thank you. >> Thank you very much. So, for I'm gonna be careful with with saying. So, anyone here present, anyone listening at home,

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if you have received a notice within 200 feet, you will not receive another notice. But if you have not received a notice, you will receive a notice. This meeting, this uh case will be carried to Tuesday, May 19th with a hearing beginning at 7 p.m. here in council chambers. Thank you very much.

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>> Um, and before we we adjourn on this application, uh, does applicant consent the grant extension of time for the board to act on this application beyond May 19th? >> We'll sign it. >> All right. Thank you. >> Great. Thank you very much. >> Thank you.

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>> Oh, I have one other question. Uh I am assuming we will not have to represent the entire case. >> No no in fact there may be a transcript available which can be become available for people to review. Yes Mr. Shellcraft I

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>> I think with uh my attorney present I think the case needs how how is the attorney going to respond to something that they haven't heard? >> Well as I saying there's there'll be a transcript and your attorney can review that transcript but you make you have witnesses available the same witnesses. Correct. >> Correct. >> Yeah. So they'll the same witnesses will

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be here, but they there'll be testimony for your attorney to review. >> Okay. So >> there's also there's there's a recording, correct? Is there a >> recording? So he could he could watch it on YouTube. He watch TV or he could request a transcript. >> All right. Thank you. >> Okay. >> Thank you very much. >> Thank you. All right. Thank you very much, Mr. Shar.

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>> Madam Secretary, uh do are you on the next case? Okay. All right. Madam Secret, next case on the agenda, please. >> Case number Z37, 2025. Ali Enterprises at 764 New Durham Road. Applicant is seeking bulk and DU variances to

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demolish the existing 391qt building and four pumps on site and replacement new four new pumps and a 2,820 ft convenience store along with associated site improvements. Standards have not been met in accordance with the

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master plan. Affected property is located in the RB zone designated as block number 57.02, 02 [clears throat] lot number 12 on the Edison Township tax map. All noticing paperwork is in order. >> Good evening, Mr. Toull. Okay. Good evening, Mr. Chairman, members of the board. Jason Tuvel, attorney for the

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applicant. As was stated, this is an application for preliminary and final site plan approval. There's a use variance associated with the project as well as some bulk variances. It's block 57.02, lot 12, 764 near New Dorm Road.

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Um, this lot consists of a gas station that has been around since the 1960s. So, it's a pre-existing non-conforming use. It actually predates the municipal land use law which was adopted in the 1970s. Um, the lot is an irregularly shaped property located in the RB zone.

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It has three frontages and it is it is shaped as like a triangle. So, it's narrow and a triangle. So, it's a very uniquely shaped property that fronts on three different or two different roads, but has three frontages. There's no storm water management on the property

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that meets today's standards. There's no comprehensive landscaping plan, and the curb cuts are antiquated and somewhat open. So the goal of the project is to redevelop the site with a gas station as it exists today, but with a new canopy,

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new orientation of the pumps, and also to add, um, a convenience store of approximately 2,820 square ft. Um, as part of the project, um, we're going to be doing substantial upgrades to the property that we've

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worked on with not only the township professionals, but also the county as well. And I'll explain that um in a second. So, in terms of the upgrades, the building, the convenience store building that's being proposed will be aesthetically pleasing and will be

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residential in character, and we'll show that to the board. There's going to be a reduction in imperous coverage in terms of pavement on the site by over a,000 square ft, which will enhance storm water management on the property. There'll be a reduction in motor motor

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vehicle surface area which will be help water quality and also help route storm water from the site to the proper sewer systems. There's going to be improvements to the geometry of the driveways currently located on the property. As I indicated today, they're

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somewhat open um and wider than they need to be. So, we're going to upgrade that as well. There'll be upgrades to the lighting. There will be upgrades um to the landscaping there. We're going to enhance the sideyard setback from what

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exists today of the canopy from approximately 13 ft to 52 feet. There'll be a buffer that's added between the only property that the uh site abuts uh with a substantial amount of landscaping. There's going to be

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upgrades to utility um and sewer um on the property. And one of the main focuses of the project that we that took some time to get to the board was the township at the county wanted the applicant as part of this project to upgrade the intersection at New Durham

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Road um and Durham. So, as you'll see, the site distance, the turning lanes have all been upgraded as part of this project, which will facilitate traffic safety, pedestrian safety, and all turning movements. um in [snorts] the

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area. We reviewed um the board engineers comment letter. I can stipulate that we'll comply if approved with all those comments. We received no objections from the police department or the fire department who reviewed um the application. And as I indicated, we're working with the county planning board

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as it relates to the roadway and improving the intersection um to a significant degree that our traffic engineer will go through um in detail. So, I have three witnesses that I plan on calling. The first witness will be our civil engineer, James Henry from Dynamic Engineering. Um, the second

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witness will be our traffic engineer, Nicholas Verdesi from Dynamic Traffic. And then our third witness will be our professional planner, John Mcdana, who will go through the variance relief that we're seeking and associated with with the project. So with that, Mr. Chairman, as indicated, I I've served and

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published notice in accordance with the municipal land use law. So with your permission, uh, I'd be happy to call my first witness. >> Without objection. >> Okay. So, the first witness I'd like to call is James Henry from Dynamic Engineering. So, we should swear him in and then I'll qualify. Uh, do you swear

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or affirm the testimony you'll give this evening is the whole truth? >> I do. >> Okay. Please state your full name and spell it for the record. >> James Henry, J A M- Es from Dynamic Engineering. >> And Mr. Henry, you've appeared before the board prior. If you could please give us a summary of your background

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qualifications. >> Uh, yes, sure. Um, I have appeared before this board prior. Uh, as far as education, I have a bachelor's of science in civil engineering from Ruckers University with a minor in public planning from the Edward Blousein School of Public Planning and Policy. I

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have a master's of science and civil engineering from Ruckers University as well. As far as lensure, I'm a licensed engineer in New Jersey, Connecticut, Pennsylvania, and New York. >> Your license are current and good standing? >> Yes. >> May proceed. Thank you. Before Before

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Jim starts, there's one thing that I failed to mention in my opening. So, this this gas station had been operating 24 hours for quite some time. Um, before co or right around CO, they stopped operating 24 hours. If the board

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were to approve the application with the convenience store and the gas as proposed, the applicant would stipulate, despite what the ordinance permits, to only operate between 5:00 a.m. and 10 p.m. So, I just wanted that to be uh set forth on the record as part of what our

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application entails. >> Are you going to have an operational uh testimony? >> Mr. Henry will go through that. >> Okay. Thank you. >> Okay. All right. So Jim, why don't we start with existing conditions, getting the board and the public oriented to the site in terms of how it's situated

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today. >> Sure. >> So if you could take if you have um presentation, if you could just bring the microphone with you. >> Sure. >> Thank you. >> You want to do it the same way? >> That that'd be great. >> I just concern the colors.

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Yeah, that's true. Actually, you know what, sir? So, since we do have some interested public, why don't you go right in front of the objector's table over here this way everybody can see because we also have it on our our board as well. >> Yeah, it's fine. Thank you.

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[clears throat] All right, Jim, why don't you identify that for the >> Before we do it though, before we do that, >> can members of the public, are you able to see that the view of that? Could you just angle it? Maybe I try to split the baby as we say >> now the board can't see it though. Maybe

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you have to step back. Yeah, put it back there. >> Sorry to make you move around. That's That microphone's going to fall. [clears throat] >> Got it. Ariel. >> Yeah.

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Uh so we'll start off with with marking the aerial map exhibit and that's dated April 28, 2026. And >> has that been previously submitted? >> Uh no, this is um >> so mark A1 then >> A1. Thank you.

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And this is prepared by Dynamic Engineering. >> I'm sorry. What's the date on that? >> April 28th, 2026. >> Okay. Okay. So today >> Yes. >> Okay. And you prepared that document? >> Yes. >> Okay.

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[snorts] >> Uh so this document uh indicates is an aerial image of the proposed property with the PIQ indicated in yellow in the center and then 200 feet a dash line around the property indicating the property is within 200 feet. [clears throat]

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There's also a blue line which indicates the separation between the LI zone and the RB zone with the LI zone being south of New Durham Road and up north of New Durham Road being the RB zone. The property is known as block 5702

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lot 12 and the general location is 764 New Durham Road which is county route 501 and that traverses east west Uh, New Durham Road comes in at almost

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like a 45 degree angle headed um kind of northeast to southwest. The lot itself is kind of a pie shape. It's a very uniquely shaped lot. It's conforming in as as far as size, but

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it's very unique being that it's got two frontages, two sideyards. Um, and it also has frontage on Durham and New Durham Road. So, it's very uniquely shaped. its principal frontage being New Durham Road. From existing zoning, it's in the RB zone, as I mentioned earlier,

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which is a residential district. Um, adjacent to the property, to the north are residential uses, to the east are also residential uses. To the south are industrial office uses, and then to the west are residential kind of it's it's

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the intersection of New Durham and Durham Road. Um, as far as existing conditions, as was mentioned earlier, we reviews reviewed historical aerial documentation. The gas station was constructed between 1957 and 1963 based on historical

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aerials. Actually, before a lot of these residential uses were constructed. The property size is 0.3.67 acres. Uh it's an existing gas station use with a small uh building along the

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easterly property line. That building has kind of a a bathroom and storage area for the gas station. There are four pumps. The gas the gas canopy is situated. So the canopy is

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from east to west where it has four pumps. It's been that way for a long time. Uh there's a small trash area adjacent to the building to the north. Uh it's approximately 10 by 10. It's very small under existing conditions. There are four driveways. Two driveways

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on Durham Road, two driveways on New Durham Road. Uh they are oversized. Um 45 ft to 46 ft and then on New Durham Road approximately 36 to 38 ft. They're oversized and we're going to be modifying them as part of this application.

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From a parking situation, um, from parking, we have we have five total parking spaces required by zoning ordinance, whereas one space exists today and it's an ADA space. There is an existing tank along the Northerly property line along Durham Avenue. Um,

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and that that's an existing condition. There's no restrictions on delivery time. >> Is that tank underground? That's underground tank. Two under. Yeah. So, there's underground gas tanks along Durham Avenue. Uh there's no restrictions on delivery time or anything like that as the site was

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originally approved prior to municipal land use law. So, going into proposed conditions, I'll mark uh A2. >> And Jim, just also there's no storm water management. There's no comprehensive landscaping on the property. It's just it's been around since the 1960s pretty much.

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>> That's correct. >> Okay. without change without any changes. Is that what your testimony is? >> There there's been like some upgrade changes but not like substantial modifications. >> Okay. As Mr. Valve pointed out >> there there's definitely been like a

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canopy added since the 60s there's there's been modifications to the gas station. When you look at the gas like back in the 60s there was no canopies. There was just a pump. So there have been changes throughout but as far as we're aware I don't believe there was any approvals from municipal land use. Okay. >> Thank you.

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All right. So, Jim, we're up to A2. >> Yes. So, A2 [clears throat] is a rendering of the site plan that was submitted uh with a couple few minor changes based on professionals comments. So, that will be

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um the on-site improvement exhibit rendering and that stated April 28th, 2026. >> Yes. >> And who prepared that document? dynamic engineering and myself. >> Okay. Thank you. >> So this is just a color rendering with

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the landscaping overlaid over the property and uh over the site plan. So under existing conditions as I mentioned the canopy was situated

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east to west. The big thing based on feedback we received uh historically as there was a there was a previous application that was submitted that was was not approved by this board. We wanted to pull everything away from the residential

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uses. And when we met with uh the town's professionals, they had indicated there was an issue at Durham Road and New Durham Road. And we'll get into the the intersection improvements, but we wanted to situate this so all the activity was more pulled towards the I

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guess the the the the tip of the triangle, pull it away from the adjacent residential use to the east. Uh so what we're looking to do is propose a 2820 foot convenience store. As I mentioned, the hours of operation uh would be 5:00

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a.m. uh to 10 p.m. So it wouldn't be 24 hours. There would be one gasoline fueling canopy square in nature in the center of the site with a fueling kiosk. There would be two state-of-the-art

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double wall fiberglass underground tanks installed. The tanks that that are out there today have been there for uh I believe since the 1980s based on the operations person I spoke to. Uh so this will be a major upgrade from a safety standpoint as far as upgrading the existing tanks.

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Um from an imperous coverage standpoint, we would be reducing the overall impervious coverage. So reducing uh that by approximately 5% just under 1,000 square feet. And then we will be improving the motor vehicle coverage by reducing that approximately 2,800 square

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ft. So we'd be adding um removing like impervious areas such as pavement and that sort of thing with with canopy. >> Uh there are >> hold on a second just with regard to the hours operations. Is that for both the uh fuel storage and and fuel service as well as the convenience stores for both?

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>> They would operate together. >> And you mentioned you talked to somebody about the uh the fuel tanks, the fuel storage tanks. >> Yes. >> Is there any indication as far as any kind of maintenance or leakage or anything like that about the tank? There's no there no there's no indication of that right now. >> Okay. And has that to your knowledge has

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that ever been tested? I'm sure they have rigorous testing, but what >> part of this application? I reached out to applicants LSRP. Again, this is a historical gas station. Uh there there was, I believe, um reports that were submitted to the D. There's uh natural attenuation taking on taking place on

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site. There's no active contamination at all on site. >> All right. Thank you. Um, from a bulk chart standpoint, we do have a few a few variances, front yard setbacks primarily due to the unique shape of the property. As we mentioned,

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we wanted to shift the building kind of the westerly side of the property as it gets narrower. Uh, so as I mentioned, it's it's unique. So, we do have a 4.2 ft setback to Durham Road and approximately 4 foot to New Durham Road because we wanted to shift everything to the west. >> Henry, one is Durham Avenue, one is

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Durham Road. just just for now just because it's easier to track uh the testimony. Just so the to the north is Durham Avenue. >> I apologize. So Durham Avenue and then 4 foot to New Durham Road. >> Um and then building coverage. So in order to be conservative, we had

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included the canopy in the building coverage calculation. So we are tripped over um from a building coverage standpoint. But if you consider just a convenience store, we are actually compliant approximately 17% whereas 23 is allowed by ordinance. Um, so we added the canopy in there just to be

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conservative. So we are asking for a variance for that. And then, uh, maximum impervious coverage, as I mentioned, we're improving. Uh, so it's an existing non-conformity. Um, so a lot of lot of existing non-conformities here where we're trying to improve and really rehabilitate the overall site and bring it up to current

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standards. Um, as far as parking, uh, we're proposing, uh, 18 total parking spaces. Wait, >> excuse me. Folks, you will have an opportunity during the public portion to speak. Please, there, as I stated during the

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opening, there will be no outburst. There will no be no booing, no cheering. Please allow the applicant the opportunity and the respect to present their case. You will have your opportunity to speak. Thank you. >> The the 18 spaces are inclusive of the spaces underneath the canopy. So, there

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was 11 actual parking spaces on site um which is compliant. If you consider the the parking spaces under the canopy, we are compliant from an ordinance standpoint. They are 9 by8 uh which comply with the ordinance standard. Um some changes we did make as from a site

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plan perspective based on the uh feedback we received from the board's professionals. Uh there are bank spaces that we indicated along the easterly property line. Uh we recommend that we we do install those as part of this application. There was a request to add

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one EV space based on the uh ordinance requirement. Our our client does not need it, but we're we're agreeable to adding an EV space uh based on the ordinance requirement. Um and then we would be adding the uh airvac. We would be will be shifted over to the east side

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of the parking area uh in order to comply with the the comment from the uh board's engineer. We would also be removing any propane storage on site. There was a comment regarding that. Uh so we would not be doing propane exterior propane storage. So we'd be removing that. Uh from a loading

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perspective, no loading is required by ordinance and none is proposed. Um access as I mentioned there were there was four existing driveways. Two on New Durham Road and two on Durham Avenue.

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We will be pulling them away from the intersection from a safety perspective which is beneficial and our traffic engineer can get into that. but also we would be narrowing them. So they would be roughly about 26 feet in width. Um with the new Durham Road driveways being

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limited to just an ingress and an egress and the Durham Avenue driveways being full movement. So we'd be narrowing them and limiting them. Right now there's four drive four driveways and really there's three driveways if you consider uh the ingress egress driveway on New

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Durham Road. As far as public improvements, just gonna bring up an exhibit which kind of shows the existing conditions. >> We'll mark this A3 >> and that's existing conditions you said?

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>> Yes. >> Have it prepared by your office? >> Yes. Uh it's existing existing intersection conditions exhibit dated April 27th, 2026. prepared by dynamic engineering and this will be A3.

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>> Um, so this exhibit just kind of shows you how a car kind of aligns um and what the concern of the board professionals were. So, as you come down New Durham Road, as a car gets to the intersection, it's kind of angled at a 45 degree angle. Um,

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and one of the board professionals came to us and asked, "Hey, what kind of improvements are we going to can we do here to align the car better with New Durham Road, provide a safer intersection?" So, what we did was, and I'm going to touch on it briefly, but our traffic engineer will get into it in

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more detail. Um, so what we did was we we show a number of striping improvements, landscape island improvements based on a meeting we had with the county. We've had several meetings with the county over the last six months going over these improvements. Um, as far as updating that intersection, one other up major

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upgrade from a public improvement standpoint, we did we meet with the township sewer department this week regarding the existing sewer uh which which traverses from east to west uh along New Durham Road. one of those pipes is back pitched

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uh so it's not flowing properly and they had asked us to upgrade the existing sewer main along New Durham Road um and we agreed to do that. Our client agreed to do that and and modify that so it's no longer back pitched. So um those are the two main improvements we're doing

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and I'll show you an exhibit showing the intersection improvements briefly but I'll leave really the the the main kind of description of the intersection to our traffic engineer but I want to show it as part of the site plan application. So, it's it's clear. >> Are you going to talk about the the

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change to the driveway uh conditions? Because you talk about ingress and egress on Durham Avenue versus the ingress on Durham Road. Are you going to talk about that? Is a traffic engineer can talk about that? >> Well, I I'll let the traffic engineer handle that. >> All right. Thank you. >> Thank you.

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Just mark that for the record up to what number we're at. Four. >> This will be the offsite county improvement exhibit 84 engineering. Jim, before you get get to that, just because you touched on it, will the upgrades to the sewer not only

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benefit the site but the surrounding area as well? >> Yes. >> Okay. Thank you. >> Um, so this is the off-site county improvement exhibit dated uh labeled A4 dated April 27th, 2026. And this just goes into the uh

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modifications that we proposing, including adding a landscape island, a dedicated right-hand turn lane off New Durham Road, and then re-angling the way cars hit the intersection so they hit it more at a 90° 90° angle. Also, one thing

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to note, we're providing crosswalk uh and the island will kind of act as a a safe harbor for pedestrians. And then there's [snorts] another crosswalk as well as sidewalk improvements along New Durham Road uh as well as Durham Avenue. >> Yeah, we we'll have the traffic engineer >> the traffic engineer will go in more

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detail >> explain safety, but I wanted Jim to just explain the the site improvements themselves. >> Uh so I'm going back to A2, which is site improvement exhibit, >> the the colored version of the site plan. >> Correct. So,

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of an operation perspective, uh I did confirm verbally uh with our client's operations person who also had worked at Shell prior uh to our client purchasing the property uh that this gas station has operated at 24 hours and stopped operating that way approximately around

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uh COVID. So, we're limiting uh the proposed hours to 5:00 a.m. to 10 p.m. as previously mentioned. As far as number of employees, there is an exi under existing conditions, there's one employee at the gas station, and we're anticipating this neighborhood convenience store to have approximately

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two employees inside uh the building. From a safety perspective, uh there was a comment just regarding video cameras, which I believe the board of professionals had, and I I confirm with our client that they're willing to do um provide access to the police or anything like that if if there was access

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requested uh by the township police department from a safety perspective and add cameras. Uh as far as trash pickup, we're adding a 10x20 trash enclosure approximately where the existing trash enclosure exists today. It's decorative in nature. It will be masonry.

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>> [clears throat] >> uh to house the dumpsters uh under under the proposed conditions. Uh as far as pickup, we will restrict the pickup time with the understanding a lot of this goes into the understanding obviously we're we're well aware that we're adjacent to residential uh to the north

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and we want to make sure we're we're good neighbors. So we're limiting the hours. We're to modify the pickup time for the trash enclosure. We're going to modify the pickup time uh or the the drop off time for the gas uh and agree as as best we can to make sure that

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happens during daytime hours so it doesn't happen during overnight hours um under the proposed conditions. >> Getting back to the trash enclosure, how would that be access? How is going to be what's the timing of it as far as how will it be picked up? Is it going to be

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a dumpster? Is it just individual receptacles? How does that work? We would have two dumpsters inside, one for recycling. >> Okay. And and how would the the truck come to to access and pick up those dumpsters? They come with the truck and then come in. They driving from the west heading east.

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>> So they they they would come in, circulate around, enter in, back up, and then exit out onto Durham Road out to New Durham. >> Okay. But but where's the opening to to get to the dumpster? Is it to the western portion? >> West away from the residential uses. >> Perfect. Thank you.

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>> Thank you. And Jim, just in terms of the deliveries for the um convenience store, we're just anticipating um a few box trucks deliveries per week and one to two vendors per day. Correct. >> Right. This is not a a 7-Eleven or a

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national brand. This is a Welsh Farms. This is a local community store. This is not like a national brand. This is not 24 hours. We did not design this for truck traffic at all. We actually have signs on here restricting truck traffic. So, this is just a box truck delivery uh to come and have a box truck deliver,

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you know, small delivery one time per week and then as well as vendor deliveries during the day. >> So, when you say truck, you mean there's no tractor trailer or deliver? >> No tractor trailers, right? >> Okay. And no tractor trailer fueling either. >> That's correct. >> Okay. >> No high-speed diesel. Um, as far as fuel

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deliveries, two to three times per week, which exists, which is how often it drops off today. Um we the site will be serviced by public utilities um you know public sewer, public water. There'll be a 2-in uh water service

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to the existing convenience store. There are no sprinklers proposed as there's none required for this size building as it's relatively small. Um we are showing a transformer pad at the northwest corner of the site behind the building if if needed. if if it's not needed, we

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won't have the transformer pad, but in case we needed to have a ground mount transformer, we wanted to have the ability to have that. Um there is one utility pole which is being modified. It's a very small utility pole at the northeast corner of the site and that's just kind of shifted out to the road uh

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near where the trash enclosure is. There was also a comment from the board of professionals just regarding a generator on site. There is no generator proposed on site. What our client generally does is he contracts with a generator company. So they come and they drop off a generator within 24 hours if a

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generator is needed on site. So it's not like it's going to turn on, you know, once a week and create a noise issue. It's a generator. We'll have a quick hookup inside of the convenience store in the gas. So if if there is an emergency like Sandy or something like that, there is an easy way to basically have the gas station up and running. And

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where would the generator if it's if it has to be deployed, where would it be placed on the property? >> Uh, likely would just be on like the uh sidewalk area over in adjacent to the building. >> All right, Jim, you want to talk about the lighting? >> Hold on a second. I think the vice chair

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wants to Could you be more specific as it is? >> Where where is the generator going to be located? >> This is a This is a portable generator. >> I understand where it is, but where would it physically be? So, it would either be in the front of the building or behind the building and the on the sidewalk areas. >> You say front of the building where the

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parking is. >> In front of the five parking spaces in front or behind the building. If if we want to restrict it behind the building, we can make sure we put the electrical room back there >> closer to Dorm Avenue side. Correct. >> Yes. >> Okay. >> I mean, there's no You're You're saying you would put it by the parking.

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>> We're also we we can put it on the parking. We haven't we haven't fully designed the inside. I mean, we have a we have a conceptual of the inside the building. So, what we can do is if we want to have it behind the building, we can show it behind the building and have it there and have a designated generator area. Uh, we don't have an issue with that. Uh, I was just saying there's a

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six foot wide sidewalk. If we want to put it in front of the building, that's an option, too. Uh, again, this is all would only be during emergency circumstances, >> but you're still in operation. I mean, you can't put a generator on a sidewalk. >> Mr. Jim, the point is we could put it in

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the back of the building >> screen so it doesn't affect the sidewalk. >> Mr. Carly, >> just bring your microphone closer. >> Seen it with waw wa, quick checks, other exotic things that you hardly ever see in central New Jersey. The generator

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will probably be towed on a little trailer into a parking spot and it'll be plugged into some outlet that's purpose for the purpose, likely a 15 amp outlet. So, it'll be occupying a parking spot in that for that little period of time during an emergency.

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Uh, Mr. Henry will uh testify that it's not the the station owner's intent to run off of an emergency generator 24/7, 300 and some odd days a year. Is that about right? >> I'm agreeable with that. Yes. >> Okay.

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>> Thank you, Mr. Car. Thank you. >> All right, Tim. You want to go to lighting? >> Sure. Just going into lighting. Um the existing lights that are underneath the canopy are they pop out of the canopy. They're not fully flush with the underneath of the canopy. Uh it's older way that the lights are were were

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situated back a number of years ago. We're looking to have fully flush uh lights underneath the canopy. Uh LED um we're proposing 12 recess canopy lights underneath with a mounting height of 16.5. As we get closer, there's one

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light that's adjacent to the residential to the east. That light is very, you know, it's it's very short, so there's no spillover onto the residential. We provided a lighting illumination study to the board's professionals. It's zero foot candle at the property line. Um,

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and then there's one other then there's building lights around the outside of the building which are also uh downward-f facing full cut off lights. And I believe there was a comment just regarding the color of the lighting. And we will agree with the board's professionals recommendation on the color to make sure it's not a white

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color. It'll be more of a, you know, traditional kind of a little bit more of a yellowish uh color. A >> and the temperature, right, Jim? >> Temperature, right? >> Okay. We'll agree with >> temperature is the color. So, yeah. >> Okay. And just to reiterate, there's no spillage based on your lighting plan at

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the residential property line. Correct. >> That's correct. >> Okay. >> And one of >> I'm sorry. And that would be improvement over the current conditions. The light the lighting spillage is actually an improvement from the current position. >> Uh I haven't modeled the two. There are two lights very relatively close to the

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uh the corner. There's one at each driveway. Um I haven't modeled whether or not those two lights go over the uh property lines. I would imagine. So, one thing we're going to get into landscaping in a minute, but we're proposing a thick landscape buffer, which we, you know,

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which is is going to be a mature when installed, we're going to install a mature kind of landscaping with evergreen trees. We're also proposing a 10-ft vinyl fence to help buffer the adjacent use uh from the residential. Um, so it's going to be a very thick

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buffer uh to the to the east. So transitioning into that, uh, from a landscaping perspective, uh, we're proposing one shade tree, an ornamental tree, 20 evergreen trees. Um, as I mentioned, we're going to we're going to install them at very mature

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heights, uh, 8 foot height. Uh, I believe there was a comment just regarding we were going to install green giants, but I believe the board professionals had said like there's concern over deer. Uh so they had recommended switching that out for eastern eastern red cedar and we're agreeable to that. Uh but overall we're

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proposing 20 evergreen trees and there are a number of existing evergreen trees uh along the easterly property line. So we're going to supplement that and then we're also going to be adding in 42 shrubs, 25 deciduous shrubs and 17 ornamental grasses. And the main idea is

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basically to provide nice landscaping. You know, the main thing again we're going to emphasize is really buffering the use to the east and then also providing uh some buffering around the perimeter, making sure that there's no headlights facing towards residential uses to the north and then also

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providing some nice landscaping along the uh the edge of the building as well. >> And Jim, that results in a reduction, not only the landscaping, but the whole site orientation, a reduction in impervious surface, correct? >> Yes. >> Okay. So in total, we're proposing uh

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106 total plantings out there as a major upgrade to the overall site. Uh there was a comment just regarding the cut fill as far as soil removal. Um we are showing a uh 52 additional yards of fill coming on site. So we're not

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showing any cut. Uh that was one of the professionals comments as far as whether or not we we would need a soil permit. So we are around 52 um cubic yards of fill on site. From a signage perspective, uh there are just

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going over a few of the signs. There is an existing freestanding sign located along at the southwesterly corner of the site under existing conditions. Uh, and the idea is really to kind of keep that freestanding sign, but shift it further

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away from the residential, more towards the the corner inside of the actual county rightway. Uh, the idea being that number one, the building would semiblock the sign, but also just trying to move it further towards the intersection away from the residential uses. Um, so we

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would be proposing a new sign there. Uh generally speaking, we would be reducing the square footage of the existing sign roughly approximately four square feet. So roughly same size but a little bit smaller, shifting it away, same height.

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Um so we'd be asking for a number of variances kind of to to move that sign essentially further uh to the west and then also to have a the sign within the the county right away uh so it's further away from the residential uses. Uh the sign clearance would be modified from 10

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feet to 7.5 ft under the proposed uh conditions. From a building signage standpoint, uh we're proposing two building uh mounted signs, one facing to the right and one facing uh towards New Durham Road. Uh

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relatively small in nature, 22.22 22 square ft which would be a variance um being that it's in a residential zone and only a five square foot sign is is permitted. Uh but other than that we would be be generally complying with the sign ordinance from a from a height

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perspective and and clearance requirement if you were to compare it versus some other commercial uses. Uh there are some just ancillary variances um regarding maximum sign height. Uh the sign

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projection uh being that the the sign the ordinance was mainly designed for residential a residential zone. Um as far as canopy signage under existing conditions, there's one sign on the southeasterly corner of the canopy.

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There's another sign on the southwesterly corner. uh we would be reducing the size of those signs on the existing on the proposed canopy um from approximately 9.3 square feet each to 9.02 ft. One other uh I think major

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improvement would be under existing conditions all four sides of the existing gas canopy it's illuminated so it lights up at night. Um, considering that we're adjacent to residential, our client is agreeable to modifying the

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northerly side of the canopy to have no illumination as well as the easterly side of the canopy to have no illumination. Uh, understanding that those sides would be residential uses. Jim, before you get into the building, can you just speak to how the reduction

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in impervious coverage and how storm water would be improved by the site plan that you designed? >> Sure. So, as was mentioned, we're adding a number of landscape areas. We're reducing the amount of storm water management or impervious areas and improving storm order management. Being

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that we're reducing impervious, we're going to reduce the flow offsite. We are [clears throat] also reducing motor vehicle service area. So from a uh kind of a TSS removal standpoint, which is a pollutant load removal, we would have basically less pavement area essentially

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and more rooftop space. So from a stormwater management perspective, we're not considered a major development. NJAC78 doesn't trigger in this case because of the size of the site. But what we are doing is we're reducing the impervious coverage which even fur we're not required to do this. It even further

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helps uh reduction of impervious and is beneficial uh to the neighborhood as well. >> Okay. So from a stormwater perspective, you see an improvement to the surrounding area. >> Yes. >> From a lighting perspective, you see no significant um uh negative impacts to the surrounding properties.

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>> Correct. >> From a landscaping perspective, you see a enhancement to the property and the surrounding area. >> Yes. >> Okay. And from a utility perspective, you also see a benefit not only to the property but the surrounding area. Yes. >> All right. Can you just again before you get into the building, just speak about

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ADA compliance as it might relate to the parking space as well as any sidewalks or improvements on the site as well? >> Uh, sure. So, ADA improvements, we have a a note on the plans as far as upgrading the existing sidewalks. Any area that we thought needed to be

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upgraded, we we modified the sidewalks and we're agreeable to upgrading the sidewalks if they're in bad condition along basically every frontage that surrounds the site. And then we're also providing the crosswalks as was mentioned across Durham Avenue. Uh so it's major upgrade. We're also adding at

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every single intersection we're adding ADA ramps including across our driveways at at along New Durham Road as well as Durham Avenue. >> Okay. All right. Why don't we now go into the building? >> Great. Thank you. while we just change the boards. Um

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Jason, can you confirm that along the easterly property property line that a solid fence will be installed? Yeah, Jim had indicated that there would be a vinyl solid fence uh along the easterly property line in addition to the landscape buffering that's proposed. >> Got it. >> We were showing it we were showing it at

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10 ft to make sure it's significant buffer uh to the adjacent residential. >> Got it. Thank you. >> 10 ft in height, Jim. >> Yes. Okay. Which is, you know, your typical fence, just so everyone's aware, is approximately six feet. Uh so if the board is open to it, we would we'd be willing to install a 10ft high fence or

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an 8 foot, whatever the board feels is appropriate. uh our clients willing to do whatever it takes to make sure there's a proper buffer there. >> Okay. >> Thank you. >> Sure. >> Um so this is um what what we're going to be showing now are just uh elevations

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of the proposed building as well as a floor plan showing the interior layout of the uh of the uh building. We also have an architect is here, but I will just be presenting uh in case you have any specific architectural comments. We do have an architect here uh that can

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answer any questions you may have. Yep. Oh, so A5. This is um the convenience store. I don't know if I have that. Oh, we do.

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A5 is um a color rendering of the elevations that were submitted to the board uh prepared by KSD architecture dated October 3rd, 2025. >> How many pages is it? >> Uh there's two pages. One is the

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elevations and the other is the floor plan. >> Okay. >> Thank you. >> Um [clears throat] actually three pages. I apologize. Three pages. So we have multiple elevations. So shift over, go to sheet two so you can

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see the front of the building. [clears throat] Uh so as was mentioned earlier, the the building that's out there is is in is in disrepair. One of the big things we worked with our architects uh to do is really kind of make this fit in well with the community, make it look residential in nature, have a pitched

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roof, um and really kind of give it that residential feel and high quality feel. Uh being that is a residential convenience store. Um so from a building size perspective, it's relatively small. You know, Waw Wa, for instance, is is roughly about 5,000 ft. This is a

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smaller one. This is under 3,000 ft at 28 20 square ft. Uh there is a door location. There's a main door location in the front as well as a door to the rear. >> And just to be clear, the main door goes to the parking lot side, not not towards the north of the property. Correct.

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>> That's correct. >> Okay. So, it faces west, faces east. Faces east. >> East. Okay. Yeah. Yeah. Uh from a building design perspective, we're adding a brick veneer system, which is a uh probably a Nichia panel to give it a

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brick exterior look. A natural limestone veneer on the bottom uh which is high quality material, stone material, aluminum frame windows to really kind of emphasize the architectural uh and residential neighborhood uh that it's transitioning from uh from New Durham uh

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to Durham. Uh the building height is 24 ft to the roof eve and it has you know basically a pitch roof making it look very residential-like. The HVAC is going to be enclosed in the roof. Uh so I know a lot of times when you see commercial uses there's a HVAC

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adjacent to the building and it doesn't look very nice. This actually would be screened within the roof uh so that it would not be visible uh from the naked eye if you were standing adjacent to it. Uh it's an A-frame roof uh with you know kind of asphalt shingles on the roof

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with dental molding wrapping it uh to give it a colonial look. Um overall I think you know the building itself between the the two sheets you can see at the rear this is where the

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HVAC would be facing to the west. Uh again, this would not be visible. As you can see, the HVAC would be fully screened uh with kind of a louver system uh facing to the to the west with the understanding obviously we we're at a lot of different we we don't really have a backup building. We kind of you kind

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of can see the building from all four sides. Uh so our client was very was agreeable to kind of making sure that all four sides of the building look really nice and all four sides have a nice finish. Um, so you can see the pitch roof uh in the front would have a small canopy overhanging the sidewalk

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and then the rear would just have a have a uh uh a ladder system which would go up to the HVAC area. So going into the third sheet which is the floor layout and that's SC-1. This is SCH-1

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October 3rd, 2025, prepared by KSD. Um, as you come in, the parking area is to the right hand side. So, this again is situated so that north is facing up on the third sheet. So, as you enter in, you come in off the the uh easterly

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side. You come in and there are racks uh for convenience store items directly in front of you. There's a sales POS item, hot dog roller, as well as uh POS area. There's um coffee area along the northerly side of the building and then

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there's a refrigerator area and back area behind the refrigerator area which would allow for access out the back door. Uh so the refrigerator area as you came in would be against the far wall providing for refreshments, drinks, that sort of nature and then just a standard

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coffee island as well as racking for standard convenience store items. >> Right. And and Jim, you've had the chance to review uh the board engineers letter in connection with this matter. >> Yes. >> Okay. And you've reviewed and that just

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for the record is dated um do I have it here? I should have just did I dismiss it? >> March 26th. >> Yes. March 26th. >> Um the applicant will comply with all those uh comments set forth in that letter. >> Yes. I I went through them and any of

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the ones that were kind of gray in nature I tried to weave into my direct um and if there was any that I didn't address I'm I'm welcome to answer any questions now um >> Mr. Carly uh Mr. Henry's testimony was uh uh

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thorough just a [clears throat] quick a quick question for Mr. TuL Mr. Henry. >> Sure. >> And this came to my it's not in my uh my report. It came into my head when Mr. Tuvel was saying the uh station had been there since the 1950s and the 1960s.

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[snorts] Uh and then when I was warbling about Wawwa and quick checks uh then and now you often see in addition to propane which you've addressed, air pumps, vacuum stations,

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uh which one? base machines used to see milk machines uh plug-in locations uh for multiple cars. Those type of site features on your site. Do you anticipate any of those any of those features that you see around gas stations? You know,

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you want to vacuum your car. Some gas stations will give courtesy vacuums. If you want to blow up your tires, there's courtesy air pumps. Do you see that around this station? >> Yes. on I think on the site plan the vac there's vacuum and air uh which we're providing mainly because most people

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expect that kind of at a uh really at a gas station. Um so we are proposing that along the easterly property line. We're shifting it away from directly in front of the building. And then as far as exterior ice uh we're anticipating that to be inside the building. Um our client

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doesn't like to have he owns he operates a number of gas stations throughout New Jersey. He doesn't like to have that clutter look in front. He likes to have it nice and clean inside the building. >> Yeah. And Jim, the [clears throat] >> Mr. Aayats and I will remember when they sold milk at gas stations outside. Remember the milk machines? >> Yes.

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>> Now, uh, for all that with the parking related to those features, we're going to rely on Mr. Vera Raci because I'm assuming that he's going to talk about the parking. Uh, you you had provided five spots plus six bankked. The bank's going to be there now. Uh, you're

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[snorts] going to have handicapped and then some dedicated parking in that in those 11 spaces. And so, we'll rely on Mr. for Verto Racy's testimony to describe that to the board. Is that acceptable? >> Yes. Yes. >> Absolutely. >> Um

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and as Mr. Henry said, he did uh cover uh the uh uh most of the action items where I uh uh requested testimony. Uh the preponderance of the items in my March 26 report uh do point to plan

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revisions that frankly uh would not result in the uh site plan being uh altered dramatically. Uh the sizzle in the stake relative to site layout here is with the county of Middle Sex with the rearrangement of that intersection

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and I'm sure Mr. Veracio explain uh the efforts that uh his office is going through in that regard. I don't >> Absolutely. Yes. I'll I just wanted Jim to set forth the site improvements and those off-site improvements and Nick will go through it in a more from a more

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trafficbased uh perspective. >> And just one thing to clarify because we are adding the EV space um we did have 11 spaces but we get the credit for the additional space because we're adding we're moving the AV. So, we technically have 10 spaces, but it's 11 when you consider the the EV space.

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>> Yeah, I got you. Thanks so much. Thank you, Mr. Chair. >> Good, Mr. Carly. >> Yes. Thank you. >> Thank you very much. Okay, Miss Knight, >> no questions. >> You're good. >> All right. Thank you very much. Okay. Do you have anything on any further on direct? >> No.

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>> Okay. Does the uh board have any questions? Mr. Chair, >> Miss Chabber, I have a few questions for Mr. Henry. Um, so to start off with, so the gas pumps are being relocated in the canopy. They're being relocated closer

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to the residentials and the store is being proposed closer to the intersection. Um, why is that? What's the beneficial use there? >> I'm trying to understand. You're saying the gas station's being moved closer. >> Correct. Right now the there's a masonary building that's closer to the

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residential. Essentially, that is what's being expanded from 300 square feet something to 2,800 square feet, but it's being flipped closer to that intersection and that canopy is coming closer to the houses. I could scale it off. My understanding I think [clears throat] >> uh the buffer is being made larger under

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proposed conditions. So, the gas station isn't getting closer to the residential. >> It's not getting closer. >> No, it's being pulled away from the residential. >> But right now, there's a masonary building there. that building is going to take place and instead of that we're going to have parking there. >> Right now there's a right now there's a

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5ft setback to the residential >> under where the parking area is and we're creating um a 10 and 1/2 ft. So we're pulling it back an additional 5 ft and creating more of a buffer to the adjacent residential. >> Okay. But the current existing masonary building is going away and parking is going to be there. Correct.

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>> Yes. >> Okay. So what's the beneficial use of that having parking along that side? my question because now you have headlights going into people's houses, etc., etc. >> Well, the headlights aren't going into people's houses. We've got a thick, you know, tree buffer that's that's right

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adjacent to it. And then we're also proposing a 10-ft high fence that's going to block any sort of lights or anything like that nature. The light the the the parking spaces that are going to be used primarily are the spaces that are in front of the building and the de facto spaces that are underneath the

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canopy. So Jim, >> these spaces over to the to the east are going to be seldomly used under any circumstances, especially during off peak hours. >> Yeah, Jim, I think it's a good question and I think we should we should walk through it slowly. So in the and I and I'm I'm glad I'm glad it was asked

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because we paid a lot of attention to this issue. >> So right now the structure that's there is very small. Correct. >> Yes. >> Okay, that's one. two is the landscaping that's located in that area right now is, you know, decent, but it's not very

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robust. Is that fair to say? >> Uh there there is no landscaping there, unless you're talking about the northeasterly corner where there's an existing uh kind of existing vegetated area, but behind the building, I was out there today, there is no vegetated area between the back of the building and the

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adjacent fence line, which is I believe the residential. >> Okay. And there's no opaque fence that we're like we're proposing, correct? No, the residential already has an opaque fence that's adjacent to the property line and we're adding another one adjacent to it. Even higher. >> All right. So, now let's talk about the proposed. So, let's start from the east

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and go west. Right. Sure. So, first we're going to have an opaque fence that's runs the length of the property uh and also is 10 ft high or 8 ft high, whatever the board feels is appropriate. >> Correct. >> Okay. Then we're adding >> one thing to note, we're not running along our property line cuz our property

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line actually kind of bisects the the residential property. Uh we thought it would be odd to have the fence go through there even though when you look at the site, you know, it's it's it's odd because you look at the front of the residential and honestly it's like our property line kind of bisects their

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front yard. So, what our client is looking to do is essentially cut it where the building is so that the fence doesn't awkwardly go through the middle of their >> Okay. their property. >> My my question more so is this. So, I'm coming off of 287 after work. I'm heading towards Matuchen on New Durham

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Road. >> Yes. >> Now, I [clears throat] see this beautiful convenience store building that's going to be there. This comes first and then the gas station and then houses. Why isn't it that the gas pump comes first, the canopy, then the residential, then the residential looking architectural g convenience

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store, and then the houses? What's the reason why that canopy is closer to the residential and why wouldn't the building be proposed closer to the houses is my question. >> Well, I mean, the last time, so this application was was

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kind of submitted what you're saying 101 15 years ago. >> Okay. So there was a application that was in front of this board 101 15 years ago that got denied where the building was all the way on the easterly property line. >> Okay. >> And that application was denied being that it was our understanding was that

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it was the the the building was too close to the residential and it was too large to be adjacent to residential. One of the things we did was basically shift all the activity to the west to try and keep the activity away from the residential use and keep all the

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activity that is not the least used area on the entire site along the easterly boundary of the property. >> Yeah. And I and I also wanted just to say too in in addition to the fence, you're adding a large number of evergreen trees along that uh easterly property line. Correct.

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>> Yes. >> And enhancing and increasing the buffer, doubling the the buffer size, right? doubling the bus. Right. >> All right. And then in addition to that, the spaces there would likely be we're [clears throat] not going to say never used obviously, but the least used because people when they go to a convenience store always want to park

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right in front, right? >> Correct. >> And we also said that there would be three to four employees. You I think you said three employees, right? >> Uh one for the gas and two for the convenience. Yes. So three total. >> So we could so that those spaces have the least amount of turnover have those

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spaces be for the employees. So there's the least amount of space. There's the least amount of turnover there. And we could also have shrubbery there that in addition to the decidu the evergreen trees and the fence prevent any lighting from getting to the other property line. Correct?

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>> Yes. >> Okay. All right. So let's let's back up a little bit. My question is this property is in the RB zone, residential district. Now we understand the gas station was older. It's grandfathered in. Completely understand it. Now with that aspect, we have to make sure that

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this proposed use doesn't further impact the negative impacts and detrimental impacts to the residents. So my question again was because of the architectural the building looks very residential, you know, it adds the characteristics and feel of the residential neighborhood.

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Why wasn't it proposed there? Um you gave the justification of why your design was like this. Uh my next question would be stuff like the vacuums, the air that's closer to the residentials. You know, people are still going to be filling up. People like to listen to music and stuff like that when they're vacuuming. I mean, I'm looking

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based off the legend that was provided here and the graphic scale. And it's looking like it's going for it's going 23 ft away from the closest house nearby. >> If the board if the board would like or I we we are agreeable. I talked to my client about this prior to the meeting.

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if there was he feels that as a gas station it's it it's good to have a vacuum as well as air pump in case somebody gets flat tire [snorts] we have no issue not installing the EV and also not installing air vacuum here we have no issue removing that from the

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application >> completely understand again I'm just looking at the perspective from the residents you know the last thing I want to do is me being in that house 23 ft away is hearing vacuums and air pumps on a Saturday >> you're 100 you're 100% right Um, furthermore,

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that's a big concern there. So, that's something that I would like the board to consider, the placement of those pumps in the vacuum. Um, moving forth now, since we're talking about the positioning of the convenience store being further away, not closer, is there any noise study conducted that the

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placement of the current gas station closer to the houses would be less noise or such? >> There's so there's two things there. One is we have to comply with the D noise regulations at the property line and we're shutting down at 10 p.m. So that's

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when the noise regulations become more stringent after 10 p.m. and we're shutting off at 10 p.m. The whole station is closing. And during the day or during before 10 p.m. when there's regulations, we have to comply with the noise with with what's required by D. We

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can't get a variance from that. >> Okay. Um, next question that I have is now we're essentially creating a right away um through the through the property closer to the residentials. Now I drive through that road every morning 6 a.m. to take 287. So I know

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that when you're taking north of that property at Durham Avenue, it gets backed up. What prevents someone from cutting through that property at 6 a.m. when we know that Durham Avenue intersection gets backed up? >> Can I can I It's a good question. Can I have the traffic engineer answer that? Sure. I think that's just a better

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question for that witness. >> Absolutely. >> Sure. >> And one more question. So, location of the fueling truck and what are your proposed hours? Um, I see that there's two rights of ways. Where does the fuel truck plan to station during fueling and

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how long is fueling for you guys? >> Sure. Um, so that was another consideration where we have the [clears throat] fuel truck coming in off uh New Durham Road. The tanks are it's to the easterly side of the building, but with the understanding that, you

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know, it's adjacent to residential, we actually our client is agreeable to adding a remote fill, which we show on the plan where the fuel pump basically the truck would stage underneath the canopy and then pull back out onto New Durham Road. Um, so we're going to do a remote fill here, which we've done at a

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number of locations so the truck isn't near the residential uses. >> And and Jim, can you just address his other point about the hours when when it would occur? I think that's you you also asked that as well. >> Correct. Hours and duration. How long how many times a week are we expecting it? All those. >> So it's going to two two to three times

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per week is how how often deliveries occur at the site. Our client is a distributor of fuel. Uh, so we are agreeable to restricting the hours during non-oververn overnight hours, during daytime hours. okay, >> during off peak hours. Uh so we can restrict the date to make sure it's not during overnight. Right now there's no

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restriction on when deliveries take place and we're agreeable to again our emphasis on everything is really concerns for the neighbor and really trying to make sure all the activity is during daytime hours. >> Okay. And what are your proposal lighting plan for nighttime after closing hours?

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>> Uh we would leave a few security lights on there and we can work with the board of professionals. We have no issue turning off the lights anywhere close to the residential and then leaving a few lights on just for uh security purposes uh during >> off. Whatever the board engineer or the

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police issued a letter saying they had really no concerns about the project, but if they had some recommendations on that issue, we'd be happy to abide by it. >> Okay. >> Additionally, we could do a six-month look back as well. >> Yeah, that's fine, too. Where you could we could see what the lighting is 6 months later, and if the board engineer

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and planner feel it needs to be adjusted, we could adjust it. >> Okay. Thank you for the clarification >> Mr. Chairman Zav. All right. So this is RB zone and currently I understand there are a lot of nonconforming now use of

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the gas fueling and also the nonconforming imperous coverage. The um convenience store is not allowed in RB zone. Correct. >> That's right. >> Okay. So you are asking for that relief for adding convenience store. Not only

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that you are putting con convenience store at a location where the setback is only 4 foot on a duram avenue as well as on uh the duram road by moving that convenience store more towards the um

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residential neighborhood. It would create additional buffer and it would also be code compliant convenience store. >> Um I don't know if it would comp I know what you're saying. I don't know if it would comply with the um with the uh

441
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setback there, but the main >> it's a more wider on that that risk by the >> Yeah, I I I'll highlight where the setbacks are just so everyone's aware like the setbacks are that [clears throat] area right there. So I mean the the setbacks because of the

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unique shape of the property really you couldn't add a convenience store along the adjacent the the right hand side or the easterly side of the building and have anything close to sizable space that a minimum size of a convenience store would be based on the setbacks and all

443
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>> you would been looking for setback by the residential side that that side but not on it's very hard and Jim could speak to this but because of the triangular shape of the property it's very hard to comply with the and also the fact that we have multiple frontages.

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>> I get it. But at the same time on residential neighborhood on easterly side now you're putting the 10-ft fence you have shrubbery there tall plants and also now the building would be a buffer against the neighborhood.

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>> Yeah, I don't necessarily think that we're opposed to that. I think it was more of the fact that in the past there was objection to that from both the board and the public. So what we so what we felt was when we re-examined the issue

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with the client and with the project team was okay there was objection to that. How do we resolve that? So we moved the canopy further away from the from the residential property line to the east to let me just make sure yeah to the east. We made sure that the front of the building opened to the parking

447
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lot um and the activity couldn't be seen from the from the residential from the road and we enhanced the buffer on the easterly side. So that that was our thought process sort of based on past experience with the board and with the public. >> It would do a number of things. Now

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accessing egress also would move away from the residential area. >> I I would I would let the traffic engineer address that. Right. And then currently you have the two 30,000galon gasoline tanks >> closer to residential neighborhood that you're going to move away from the

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residence as well by moving the pump away from there. >> I don't know what >> tanks are underground. I mean the ordinance is for the gas fuel tank from the neighborhood >> that there's no I don't think there's a requirement for that but but the the tanks would be obviously not visible and

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underground. And part of the application is also removing tanks that are probably decades old and replacing them with modern standard double double fiber wall glass tanks that are >> I get it. But you're going to move it away from the residential neighborhood

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more toward the corner once what they are now. >> Okay. No, I understand the comment. I understand the comment. >> All right. So, and then impervious coverage. You said you're doing better, but the permitted coverage on on RB zone is only 40%.

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>> Well, that's because it was it's it's the standard is for a residential property, right, with a house. >> So So we're so we're reducing it by um a,000 square ft. If you look at what what a imperous coverage requirement would be in a zone that permits commercial activity, it would be

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significantly higher than 40%. >> Yeah. Still nonconforming. >> Yeah. No, there's no doubt. We're we're making it better, but there but yeah, there's no doubt that it's it's still above what's permitted. And if we left it the way it was, it would be well beyond what's permitted. >> Get it. All right. Thank you, Mr. Chair. >> Thank you, Mr.

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>> Oh, one more question. Now, you want to open up the um the operating hours is 5 to 10 p.m. >> 5:00 a.m. to 10 p.m. Correct. >> You have to open 5:00 a.m. in the morning. What's the reason? >> Can you do at 6:00 a.m.? >> I we could ask the client. And I mean I

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think the the purpose of that is to you know make sure that people going to work during you know um can can get their cup of coffee and all that but I can if the question is can we open at 6 I'd have to ask the client that question. >> Got it. Got it. Thank you Mr. Chairman. Thank you Mr. D. Any other questions

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from the board? >> I have a question. Um, this might be better suited for the traffic engineer, but I was just curious about the location of the curb cuts in relation to the intersection and if there is a requirement to have that distance and maybe

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maybe that's why the site was flipped or was that contemplated when you thought about the layout of the site and our traffic engineer will get into that, but that's what I was going to say earlier when the when I believe the board member was mentioning moving the the driveway intersections closer to the intersection. Obviously, from a safety

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perspective, you want to move it as far away from the intersection as possible from a safety perspective, but our traffic engineer will get into that. >> All right. Thank you. >> Thank you. >> Any other questions from the board? >> Yes, chairman. >> So, uh by looking at the this triangular

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shape, you said uh there are 19 parking spot available to it. >> 19 spaces if you if you consider the spaces underneath the uh the fueling canopy. >> So, let's take 18. Let's uh get rid of EV. Now think about like there are three employees. So think about three cars are

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permanently spot there. There are a couple of trucks coming in coming out of it. There are four just assume four cars uh at each and every gas stations. Do you think like it's enough time or in enough space around to move around with

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all those uh providing the space? I don't see if you have more than nine or 10 cars sitting there, it will be a problem especially in the snow time also. >> So our our traffic engineer will get into this. We have a very similar layout. We designed the gas stations on

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the Parkway uh in Woodbridge. Um very similar layout and spacing to what we have here today. This is obviously a lot less this is not this is this is a neighborhood convenience store convenience store and gas station. It doesn't nearly have a the traffic that you're referencing like for you'll have

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that many cars. I was even out there today at the gas station. There was no cars on site. >> Every week, every weekend I passed through it. I used to have a jersey that there was a name called Jersey gas station before. I used to have a gas station. I used to use that gas station. Be honest with you, if there are two

464
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cars there to move around was a difficult time. Now you're adding uh convenience store, four gas stations. Uh for uh I I expect almost like four to five cars almost all the time in that

465
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property including three employees car. >> Yeah. I think Jim and the traffic engineer should respond to your question, but I I just want to ask Jim one thing. Do the drive widths [snorts] um comply with the standards in the ordinance? >> Yes. So for for for the two-way traffic

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that you have for both for both lanes entering and exiting the site, it's 24 ft. Correct. >> Uh it's a little bit over the 24 ft. Approximately 26 ft. >> Okay. So in your how many gas stations have you designed in your career?

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>> Over 100 gas stations. >> Okay. So in in your professional opinion, do you and and it's a fair question and you know I want to make sure that we make the board comfortable with it. the the drive by widths and the turning maneuvers and we could have the traffic engineer speak to it as well, but from a site perspective, you believe

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they meet all industry standards and work well on this on this site. >> Yes. >> Okay. >> So, during your snow removal, where do you stack the uh stack of the snow? Which part of the property do you stack it? [sighs]

469
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>> I mean, there's plenty of areas in the landscaping adjacent to it. You could stockpile it using a uh you know a skid steer. There's areas to to to store it on the west side of the building where there's landscaping. So there's there's areas to store

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>> and the vendor delivery would be at the entrance side or on the back side. >> The delivery would be in the front. We be using Yeah. >> Yeah. Not not on the residential side was your question, right? >> Yes. >> Yes. Okay. >> Thank you. Thanks, Johnny. Any other questions from the board?

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>> Yeah, Mr. Chairman, can you show on a drawing where where you would pile the snow? >> So, there's there's a grass area behind. >> Folks, please we're going to we're going to ask the applicant to give you respect when you have when we go to the public portion. Please give them the same respect. Thank you.

472
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>> So, there's a grass area behind the building. Obviously this this large grass area behind the building adjacent to the building there's and the landscape islands [snorts] also in certain circumstances on other sites I know we have trucked them off as well if you have like a major storm event like

473
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we had this la past winter but during regular storm events there's plenty of room around the perimeter of the site in the landscaping areas uh to store the snow. If you have something extreme where you have, you know, a foot or two of snow, you might have a circumstance

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where we might have to truck off snow. But during regular storm events, things that like we've seen for the last 10 years, this year was particularly bad snow time and those circumstances, you know, we have tenants that basically they basically truck off the snow

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offsite because there's not areas to do it. >> Thank you. >> Thank you. Um so just for the record um you have received uh a letter from dated today uh

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from fire chief Andy Toth. >> Yes. Um just saying that uh your proposed site plan is suitable and it's requirement related to New Jersey uniform fire code regulations fire apparatus turning radius >> and then also a um

477
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letter from township of Edison Police Department Sergeant Winters um the proposed plan does not directly affect traffic flow meets ADA parking requirements any markings or signage should be in compliance with manually uniform Traffic control devices. No

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further devices needed. You good with that? >> Yes. >> That's dated April 10, 2026. >> Yes. >> Yeah. >> Okay. >> All right. Any other questions for Mr. Henry? >> Oh, Mr. Carly.

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[snorts] Revisit the uh the matter of noise. Uh we did ask for uh an EIS to subsuming a noise study uh relative to the equipment. Mr. Henry uh because of because of its uh location on the site

480
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and it's pro and the lack of shielding when the board was talking about moving the building. I think intuitively they're talking about the building itself being a buffer to the the the residences and the building would lend some acu acoustic shielding to the uh

481
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residences on the other side of it etc etc but then it would present other problems to those residents because the building the mass of the building would be on the residents there'd be a blind alley behind it and uh you might have some activities behind the building

482
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between your fence lines. know where the building is is basically a compromise. I am quite sure that Mr. Henry wanted to put those driveways as far away from that intersection as he could and I'm quite sure that the county of Middle Sex

483
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suggested that as well and I would as well. You want your driveways on a site to be very far as far away from the intersection as you can get them. Did you accomplish that? >> Yes, exactly. >> Okay. the uh but it remains that the

484
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noise that would be generated by the two vacuums uh the two vacuums and the air pump uh in prox uh where they're located in proximity to that residential line. I don't think you make the state regulation either in the day. There is a daytime regulation.

485
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>> Correct. >> Uh and the nighttime as Mr. Tuvel said is largely moot because you're going to be closed. [snorts] Uh but uh you're going to want to pay attention to the location of those two two mechanical units if they stay on the site at all.

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>> We're agreeable to removing them. So that I think that I spoke to my client about that if there was concern uh prior to this and he's agreeable to removing them. >> One other thing which is a good good thing to point out um the state code really applies to mainly like mechanicals and everything else. So the

487
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HVAC that we're proposing is on the westerly side of the building facing to the west and then if the building was moved to the east side basically the HVAC units would be immediately adjacent to the residential and that's really where you get into the state noise code. So one of the reasons we moved the

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building all the way to the west again as I mentioned to keep all the activity all the noise to the westerly boundary of the property and didn't create any court sort of issues. I've worked on convenience stores before on in different locations, different towns like Westfield for instance, where there

489
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was an alley behind and there was concern over people going back there and things of that nature where you [clears throat] you're you're hidden from view. You're not able to see what they're doing back there. Whereas in this circumstance, you're able to see all four sides of the building. There's no hiding. There's security vehically.

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>> Yeah. And Jim, I Nick can speak to this from a from the curb cuts, but as Mr. Carly indicated, if you flipped it and put the building on the other side and the gas in the front, which I understand the comment, the driveways would then go

491
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move closer to the intersection. >> Yes, they would. >> And that's not something that the county would prefer. >> No, the county wants to move them as far away. So you can see on the exhibit on A2 there's a dark area where we're removing the two driveways that are closer to the intersection and we're

492
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shifting them you know roughly about you know 50 ft to the east away from the intersection. So it's an improvement from a safety perspective. I'll let our traffic engineer get into it. But the big one of the big things in in working you know with the board engineer as well as the county engineer. They had a lot of discussion about the activity and the

493
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driveway locations. We went back and forth with them two or three times regarding the orientation, the signage, making sure there was no trucks allowed, and then also the intersection, which our traffic engineer will go over as far as the orientation of that. So, there was a lot of concern regarding the intersection of Durham Avenue and New

494
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Durham Road, which I think we've addressed. We've worked with the county and we've gone back and forth with them a number of times. And then also we've gone back and forth regarding our driveway locations as well, which I think this is the safest kind of driveway design that we can come up with for this layout.

495
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>> But currently you have two access and egress on Durham Avenue and two on Durham Road. Correct. >> We're reducing what there's four right now and we're taking it down to three. So, we're improving over the existing conditions because the the in the the ingress and

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egress count as as one on New Durham Road. So, we're taking four four full movement driveways. We're moving them further away from the intersection and we're reducing one of them and reducing them down to three driveways. I >> I get it. But if flipping the building

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and gas stations, you may not need all you may just need two probably at that point. much wider, but they would come in between for the gas station and and convenience store would be still away from the corner. >> I I personally think we've reduced it as

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much as possible and I think the orientation we have is the safest to allow for safe vehicle traffic around the canopy as well as convenience store. Our traffic engineer will be here to testify to that. But as far as site plan layout, having the different accesses

499
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and given the circulation around the canopy, I think having those three are as low as we can go. >> My my biggest concern is that this is we are adding, you know, under gas the convenience store nonconforming. That's my biggest concern. You have 4 foot setback on both both roads. That's

500
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my biggest concern. Unless you want to slim the building and keep it there. 4 foot on both sides. adding another convenience store on this property is non-confirming use and you are adding non-conforming building.

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>> Thank you, Mr. Chairman. >> Any other questions for Mr. Henry? >> Seeing none. Thank you very much. >> Thank you. >> Our next witness is our traffic engineer Nicholas Verdesi from Dynamic Traffic. Okay. Do you swear or affirm the

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testimony you'll give this evening is the whole truth? >> I do. >> Okay. Please state your name and spell it for the record. >> Nicholas Vertoi. Ve Res. If you could please uh provide the board with a summary of your background qualifications. >> Yes. I have a bachelor of science degree

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in civil engineering from Ruckers University in 1990. I'm a licensed professional engineer in the state of New Jersey. I've appeared before both boards here in Edison Township in the past. >> And your license is concurrent in good standing. >> Yes. >> You may proceed. Thank you. >> Thank you.

504
02:46:48.240 --> 02:47:04.240
>> All right. Nick, you um prepared a traffic impact study um dated November 21st, 2025 in connection with this application. >> Correct. >> And you've also reviewed the site plan and assisted in the preparation of the site plan. >> Yes. >> And you also met with the county and the

505
02:47:04.240 --> 02:47:19.359
township regarding the intersection improvements that the application uh proposes. >> Yes. I I think we met with the county five separate occasions. >> Okay. Why don't you break down your testimony into trip generating on-site

506
02:47:19.359 --> 02:47:36.080
circulation, the off-site improvements, and then also touch on parking as well? >> I'm going to start with the the on-site since Jim was talking about that that's kind of fresh in everyone's mind just to stay on some of the same topics that we've all been discussing and there have

507
02:47:36.080 --> 02:47:52.640
been questions on. Uh so as far as the access uh Jim had talked about some of the reduction in our access. So we're reducing the sizes of the driveway. The current driveways are almost 40t wide uh today wide open. No striping, no

508
02:47:52.640 --> 02:48:09.840
signage. Um four full movement driveways, two on both roadways and as you heard uh a lot closer. Uh the nearer driveway is actually uh to the west of Yolanda Drive. And now we've placed all the driveways to the east of Yolanda

509
02:48:09.840 --> 02:48:26.000
Drive, which serves a rather large residential uh community to the north there. Uh so we've kind of taken the interaction that there is now with that intersection as well as you know the main intersection. I'll get into the

510
02:48:26.000 --> 02:48:42.880
some of the improvements we propose uh which [clears throat] are going to have rather significant impacts uh and you'll hear that later in my testimony. Uh so as far as the driveways, you know, we've done an excellent job here. There was a question as to uh could we reduce the number of driveways.

511
02:48:42.880 --> 02:48:58.240
I don't know that we could with that alternate plan that we had just been discussing uh just because you wouldn't be able to get around the canopy if it was to the left of the driveway. At least I don't think you could. We haven't done that exercise. But I would

512
02:48:58.240 --> 02:49:15.520
anticipate there still being um three or four curb cuts in in that in that other scenario and again closer to the intersection uh at New Dorm Road in Dorm Avenue. Um as far as parking, you heard testimony there's 11 actual stripe

513
02:49:15.520 --> 02:49:33.279
parking stalls uh eight fueling positions underneath the canopy. Uh generally what we see for this type of use in studies we've been doing for a long time um 25% or so of the customers uh get gas and use convenience uh at the

514
02:49:33.279 --> 02:49:50.319
same on their same trip. So what that does is it reduces trips because you don't have someone coming here for gas and then going somewhere else for convenience items and they can do both together. So there is that component that utilizes the spaces underneath the canopy. I'm more than comfortable with

515
02:49:50.319 --> 02:50:07.120
the number of parking stalls. Um the employees generally, uh we've done a number of gas stations. I've been involved with probably 20 with just with this client alone. Um and very rarely do you have uh any employees that are

516
02:50:07.120 --> 02:50:22.640
parked on the site. Generally, they get there either by mass transit or they're dropped off at the site or they might live in the area, walk or maybe bike to the to the site as well. So there's not a lot of parking from the three employees. I would anticipate maybe one

517
02:50:22.640 --> 02:50:37.760
of those um three [clears throat] people having a vehicle. So that leaves 10 full parking spaces available for customers. Again, I'm more than comfortable. There's only one um uh one fuel attendant under and two in the building.

518
02:50:37.760 --> 02:50:55.200
Um and and this is a neighborhood small. It's uh less than half the size of what you would see at a quick check or a Waw Wa facility which are the you know more modern uh have you know a lot more products get a lot more traffic a lot more truck traffic for deliveries. Uh

519
02:50:55.200 --> 02:51:12.240
this is really a mom and pop style uh convenience store. Uh, and um I'm going to get into the trip generation later, but this site as an eight fueling position gas station generates about half of the

520
02:51:12.240 --> 02:51:28.560
traffic of a typical eight fueling position gas station. So it again kind of proving out that this is really serving a neighborhood here uh and serving pass by. Obviously we get you know 50% of the traffic here is already

521
02:51:28.560 --> 02:51:45.279
passing by. So people that use this are generally driving by already. So you don't get a lot of new traffic to this type of facility. Um but you get people from the neighborhood and you get people passing by. Um and it it's just not a high performing site. We don't

522
02:51:45.279 --> 02:52:00.960
anticipate this to all of a sudden jump from what we consider maybe a little bit lower performing to being your standard site. But in our analysis, we assume this is a full-on highway convenience store with gas in all our traffic

523
02:52:00.960 --> 02:52:16.800
volume. So everything we've done here has been conservative on the analysis side. >> Yeah. So Nick, just to stick to the circulation, you believe that the placement of the driveways, moving them further away from the intersection is a significant improvement. Correct.

524
02:52:16.800 --> 02:52:31.680
>> Absolutely. >> Okay. And then also with respect to the drive IO widths and the maneuverability, the turning radiuses on the property. Can you just opine on how you believe that's been designed? >> Yes. So um as Jim mentioned, I think we

525
02:52:31.680 --> 02:52:47.760
have 24 to 26 foot wide aisles, 26 foot wide driveways. Um which is your standard uh almost every ordinance in the state of New Jersey. it it's that all the industry standards are 24 foot wide aisles, standard uh parking stall

526
02:52:47.760 --> 02:53:04.720
sizes. Uh we're not [clears throat] looking for any variances on any of the design elements of the circulation system on the property. >> So if if customers are parked and fueling or customers are are simultaneously parked in a parking space, everyone can flow throughout the

527
02:53:04.720 --> 02:53:20.560
site in an appropriate manner. >> Correct. And and the nice thing about having the multiple driveways, you don't have a lot of people that need to cross east and west on the property um that they most of them are driving north and south. >> All right. And all of the parking spaces

528
02:53:20.560 --> 02:53:37.760
comply with um industry standards. >> Correct. >> As well as the ADA stall. >> Yes. >> Okay. All right. Can you speak to the driveways as it rel on on site as it relates to sight distance? >> Yeah. So the the sight lines are are good in this area. uh the roadway

529
02:53:37.760 --> 02:53:54.160
straight uh across this property frontage. Uh if you do go to the west, that's where you start to see a curve in the roadway. I'll talk about that a little bit more when I talk about the uh intersection improvements and some of the limited sight lines that currently exist. >> And does tightening up the driveways or

530
02:53:54.160 --> 02:54:10.399
making them a little bit narrower, in your opinion, does that provide a benefit also? >> It does. Uh it'll help reduce conflicts. Um, when you have wide open driveways, people have a tendency to to not follow the, you know, the center line. There's no striped center line. So, you get

531
02:54:10.399 --> 02:54:25.760
people wandering in the driveway. So, we've well defined with stop bars and and striping uh and you know, concrete aprons with asphalt uh drive aisles. So, it it's well defined uh and easy for

532
02:54:25.760 --> 02:54:41.520
people to get on and off of the property. >> Okay. Do you want to now speak to trip generation? I can um yeah, I'll go I'll get into that. There was a couple other questions from the board I want to hit on, but I'll while I do my my study. So, we did a traffic impact study. We did

533
02:54:41.520 --> 02:54:58.640
counts back in April of 25. >> We looked at three different peak hours. Your typical commuter peak hours during the weekday, 7 to 9 a.m. uh 4:30 to 6:30 p.m. And then we uh will typically for commercial uses do the midday on

534
02:54:58.640 --> 02:55:14.960
Saturday. That's generally the highest traffic volumes on the adjacent roadways. Uh this type of use um has its its highest activity happens when the roadway is active because it's drawing 50 to 60% of the people off of the

535
02:55:14.960 --> 02:55:30.960
roadway. As you move out of the peak hour, if you don't have as many people passing by, you don't have as many people using a gas station or a convenience store. Uh so this is, you know, well situated. It's just east of the 287 ramps. Um, so it picks up people

536
02:55:30.960 --> 02:55:47.840
as they're, you know, looking to get on to 287 or get off um to, uh, you know, circulate to if they live to the to the east of the property, they can utilize the site in the morning for gas or convenience items. >> Um, so we did those traffic counts. So

537
02:55:47.840 --> 02:56:04.800
we identified existing conditions. The counts were done at the existing site. They were done at an intersection of Yolanda and Dorm Avenue as well as New Dorm and Dorm Avenue intersection. Um, we also pulled crash data. Um, so I

538
02:56:04.800 --> 02:56:21.920
went through the crash data. We got it for about a four-year period. Um, just intersections. There were other ones outside of the influence of the intersection of New Dorm and Dorm. There were about 50 crashes in that four-year period. um a good amount of them, so

539
02:56:21.920 --> 02:56:38.080
more than half were rear-end crashes on Dorham Avenue. So, and the reason behind that is you have an intersection operates at over capacity condition on Dorm Avenue. So, people are waiting for

540
02:56:38.080 --> 02:56:54.880
a rather long period of time, generally get a little bit frustrated and maybe they're a little more aggressive and you have rear-end crashes there. Um the other crashes at the intersection, uh there's a few sides swipes at the intersection. Uh you have a number of

541
02:56:54.880 --> 02:57:10.399
right angle crashes where someone's turning uh right or left out of Dorm Avenue or turning left into >> Can you just point where that >> Oh, yeah. We'll go to that other exhibit. Has that been entered? >> Yeah, the the bottom one. Yes. >> If you could just bring the microphone with you.

542
02:57:10.399 --> 02:57:34.640
>> I got him. I got him. I got him. I'll use the uh the pointer I prefer. >> And you're relying on exhibit A3, correct? >> Yes. >> Okay. >> So again, so um the crashes that we mostly saw, again, I said rear end crashes on dorms. If you're traveling,

543
02:57:34.640 --> 02:57:50.399
I'll call it south on dorm, uh uh calling, uh new dorm road, uh east west at that intersection. Uh you had some uh crashes that were right angle. So either someone making a right or a left out of Dorm Avenue uh crashing with someone

544
02:57:50.399 --> 02:58:07.200
along New Dorm, someone making a left turn in. Uh you had a couple sides swipes of people waiting to make a left, someone bypassing. Uh there was a maybe a weird crash. You know, there's some you where people hit a curb or whatever. Um so those are the outliers, but the

545
02:58:07.200 --> 02:58:22.240
ones that relate to the intersection. Um, rear end crashes aren't as severe. Uh, you don't have generally don't uh end up with um uh casualties or or um major injuries on the rear ends. Uh it's

546
02:58:22.240 --> 02:58:38.319
the right angle crashes that uh seem to have the the the primary uh uh uh casualty rate or the higher casualty rate or or or incident rate. Um so what we're able to do um at the intersection and I guess I'll go into the improvement

547
02:58:38.319 --> 02:58:54.720
plan. You want to do that now? >> Uh >> talk a little bit more about the study first. >> Yeah, we would do the trip generation. >> So, I'll go into the trip generation. So, as I said earlier, we did traffic counts. So, at the the site today, uh and I have to say, there were a handful

548
02:58:54.720 --> 02:59:08.560
during our counts of people actually cutting through the property. Um so, I'm representing it all as if they came onto the property to use the gas, but in the morning peak hour, you had about 20 people coming and going. uh in that 1

549
02:59:08.560 --> 02:59:26.960
hour period. Um whereas a a I'll say a a normal or an average gas station uh of this size would have about 90 or 45 customers. There were only 20 in this instance. Uh in the evening peak hour we

550
02:59:26.960 --> 02:59:44.160
had about 35 uh people come on and off of the property. you would have uh maybe 55 to 60 at a at a standard eight fueling position gas station. Uh and then on Saturday we had about 35 uh I'll

551
02:59:44.160 --> 03:00:01.840
use a round number 35 um customers uh and you'd have upwards of 50 typically on a Saturday. So again, it's a a lighter generating site, but in all of our analysis, we utilize standard trip generation. So we I would say we

552
03:00:01.840 --> 03:00:19.359
overestimated the future traffic volumes that the site will will have on it. >> And then can you speak to the current or existing levels of service and then what your improvements do to change that or

553
03:00:19.359 --> 03:00:34.160
make that an improvement over what exists today? >> I can um so I'll start with the driveways. So we do after we get our existing counts then we look at our future condition we search that onto the

554
03:00:34.160 --> 03:00:49.520
roadways uh and then so we have what we call a pre-build or a no build and then a build so it's after the site is operational and we do that comparison that's what our attorney is referencing when he talks about before and after uh

555
03:00:49.520 --> 03:01:06.720
on the analysis. So, we did analysis of the driveways. Uh, acceptable levels of service. Um, we're along a county road that that carries, um, uh, 1,300 to,400 peak hour vehicles along it. Um, we're

556
03:01:06.720 --> 03:01:22.880
generating maybe 50 vehicles in and out of the site during a peak hour on average. Uh, so we're a small percentage of the traffic in the uh, surrounding area. Um but our our analysis shows good levels of service at all four driveways

557
03:01:22.880 --> 03:01:40.160
uh in the proposed condition. >> So based on what exists today versus what we're proposing which is adding the convenience store and reorienting reorienting the gas uh canopy. All levels of service operate at an at an

558
03:01:40.160 --> 03:01:56.399
appropriate or acceptable level. >> Correct. >> All right. Can you explain what happens to the level of service at the intersection of New Durham Road and Durham Avenue based on the proposed changes that the applicant is willing to do at the intersection?

559
03:01:56.399 --> 03:02:12.800
>> Yes. So I'll I'll talk about before we do anything. So in the morning peak hour, our analysis shows if you're traveling on Dorm Avenue coming to the intersection, the average vehicle would

560
03:02:12.800 --> 03:02:29.439
wait 358 seconds. So um do that math. What's that? Five six minutes. So 6 minutes on average, >> right? Right now if nothing else occurred. >> Correct. In the evening

561
03:02:29.439 --> 03:02:44.160
it's about 200 seconds of delay. So a failing level of service again 200 seconds of delay. On Saturday it's a not failing it's a E level of service. So it's a scale of A to F of 42 seconds. So that would be acceptable on Saturday

562
03:02:44.160 --> 03:03:01.600
because traffic volumes are probably 25% to 30% lower on the surrounding roadways on the Saturday versus the AM and the PM. >> All right. So before we talk about the result of the improvements, why don't you describe what the improvements are, kind of expand off of what Jim testified

563
03:03:01.600 --> 03:03:18.240
to and why you think that they're um why they better the area from a traffic perspective. >> So before I do, I'm sure everyone's familiar with it. Um here's the existing intersection. You could see um >> on A3 again, right?

564
03:03:18.240 --> 03:03:35.120
>> Yes, A3. I'm still on A3. The Dorham Avenue approach comes in at a significant acute angle. Um maybe 30 to 35°. You know, we love to have intersections at 90°. Provides for the best and safest

565
03:03:35.120 --> 03:03:51.600
uh geometry. This intersection's been here a long time. Um that's how it's operated for all these years. Um when we when we started working on this job, one of the first things we looked at and we started conversations with the county as well as the township engineer. Um what

566
03:03:51.600 --> 03:04:08.000
can we do here to try to um two things? One is help the operation of the intersection. So get people through the intersections a little quicker and as well and maybe more importantly the safety at the intersection. How we can bring down crashes at the intersection.

567
03:04:08.000 --> 03:04:25.040
Um, so what we came up with >> and and Nick, just again to describe it, the angle of the intersection, what what I guess what safety issues does that present? Just just explain that again. >> Yes. So the main safety issue is this your sight line. So when you come to an

568
03:04:25.040 --> 03:04:40.880
intersection and you're at a significant angle, so if I'm at an angle to the DAIS, now if I want to see the DAIS, I have to now look well over my shoulder to see uh what's going on. If I'm 90 degrees to the intersection, I only have to look 90 degrees where I have to look

569
03:04:40.880 --> 03:04:57.920
over 90 over my shoulder. So, if you're exiting Dorm Avenue and you look back to the left on New Dorm Road, you have to look well over your shoulder. Also, while contending with, and you can't see it on the exhibit, the roadway curves back up to the north. So, there's some

570
03:04:57.920 --> 03:05:13.359
limited sight line in that direction. So now you're confronted with some issue in both directions at the intersection. Uh what we're trying we can't fix the curve in the road, but we're going to we're trying to do some things to uh improve

571
03:05:13.359 --> 03:05:29.279
the angle of the intersection as well as moving the vehicle further from the curve of the road. So now I'm on A4. >> And these are the improvements that you've been working on with the county and with the township engineer. >> Yes. I I think we've done 10 different

572
03:05:29.279 --> 03:05:46.240
iterations of this and had five meetings and this is uh the latest plan we have uh that seems to have gotten the buyin from the township engineer um as well as the county's traffic engineer. Uh so just to orient everyone, this is oriented the same as all the previous

573
03:05:46.240 --> 03:06:03.200
exhibits. New Dorm Road runs east west on the bottom. Uh and Dorm Avenue comes in from the top. Um >> and just and just for the synographer, this is A4, right? A4. So, I'm going to start way to the right. So, there's a a gray area you see on the right of the

574
03:06:03.200 --> 03:06:20.000
plan. Currently, there's grass there in that area. Uh so that's for uh what we're able to do is anyone that's traveling, it's a small number, but anyone traveling west on New Dorm Road that wants to make a right turn onto

575
03:06:20.000 --> 03:06:37.439
Dorm Avenue in the existing condition comes up to the what I'm pointing to now, the much narrower area uh as far as the radius and has to make a a a longer turn to get back to the to the east

576
03:06:37.439 --> 03:06:52.640
>> and and your in your opinion is that a difficult turn? >> Yes. And what happens there? That part of the intersection is really wide because for a vehicle to make a right turn, it needs to swing well out around

577
03:06:52.640 --> 03:07:09.600
the radius. We're cleaning that up by moving it and having a larger radius and moving that all to the east. And what we've done is now taken the right turns in out of the intersection. So, we've reduced some conflicts there. Um, also what that was able to let us do, we were

578
03:07:09.600 --> 03:07:24.800
able to move all of the egress vehicles, which currently, I'll call it egress, but the Dorham Avenue vehicles that want to turn onto New Dorm, we're providing a a striped area up near the curb line where

579
03:07:24.800 --> 03:07:40.560
before the vehicles traversed all the way up against the curb and the center line was here, pretty much where the left turn where our right turn lane is proposed. So, what we were able to do is move those turning movements into the center of that 100 foot area and provide

580
03:07:40.560 --> 03:07:57.279
a small left turn lane for those handful of vehicles that make a left. Because I'm sure everyone knows here in the audience, if there's one person making a left in front of you there, you're stuck behind them if they don't scoot themselves out far enough into the intersection. Um, so what we were able

581
03:07:57.279 --> 03:08:12.800
to do is uh separate the lefts and the rights. That alone improves operation at the intersection. And then the geometry because now we're bringing vehicles in at more of a 90° at the intersection. It'll improve their sight line uh

582
03:08:12.800 --> 03:08:28.800
looking in both directions because they'll be you'll be teed up to the intersection. Uh and it's a s it'll be a significant benefit. It it's a lot of paint. We're going to put a crosswalk in as well for pedestrians through here. um we feel it's going to provide a

583
03:08:28.800 --> 03:08:45.200
significant benefit to the intersection and it comes along with the project. So while there may be some additional activity from the project, even with that additional activity, but with this improvement, we've significantly reduced

584
03:08:45.200 --> 03:09:02.080
the the delays. I talked about the delay before in the morning of being 6 minutes, we cut 100 seconds. So almost 2 minutes off of that. So we cut a third of the delay off of that movement coming out of uh Dorm Avenue. Uh and in the uh

585
03:09:02.080 --> 03:09:19.600
evening peak hour uh we cut that um we cut that by a third. So the delay was almost 200 seconds and we'd be down to 60 seconds per vehicle. So again, a significant improvement and the safety improvement isn't even factored into

586
03:09:19.600 --> 03:09:35.520
those numbers, but there's a significant safety improvement by squaring up this intersection. And just expand on that again. Does that have to do with the sight distance that you described earlier? >> Yes. So, we've moved those vehicles further from the curve in

587
03:09:35.520 --> 03:09:51.600
the road to the west, squared them up so they have an easier what you typically would see. So drivers have difficulty where they have difficulty is when they come somewhere in a situation that isn't typical to what they're used to doing in

588
03:09:51.600 --> 03:10:08.240
a driving situation. And pulling up to an intersection at 30° isn't something people are typically used to doing. Um they're typically used to pulling up closer to 90. And that's what we're able to do here. >> Okay. So in your professional opinion, this creates a much safer condition from

589
03:10:08.240 --> 03:10:23.920
what exists today and would it mitigate some of the traffic and also crash issues that you previously discussed? >> Yes. >> Okay. And then from a trip generation perspective or just a delay, cars will

590
03:10:23.920 --> 03:10:39.760
be waiting significantly less time to make a turn at that intersection. >> Yes, they will. So cars will make be able to make safer turns and be able to make them in a more efficient manner. >> Yes. >> All right. And then can you now just

591
03:10:39.760 --> 03:10:56.240
speak again to the pedestrian improvements over there as well? >> Yeah. So currently today there's I think there's one ramp but there's not a receiving ramp on the other side. Um there's no crosswalk. So any pedestrian that comes here has to try to divert

592
03:10:56.240 --> 03:11:13.040
almost traverse this blind across the intersection. Uh now we have a nice striped area and if you happen to be wheelchair bound uh we have uh safe ADA accessibility across the intersection as well. >> Right. So the the ramps have been designed I'm assuming in in conjunction

593
03:11:13.040 --> 03:11:29.279
with county standards for ADA improvements. >> Yes. >> Okay. So overall from a traffic perspective both on the site and off the site you believe the project provides significant benefits to the surrounding area. >> Absolutely.

594
03:11:29.279 --> 03:11:45.920
>> Okay. Okay Mr. Chairman that's all I have for Mr. Vertoi. >> Does board have any questions for Mr. Vertoi? >> Mr. Chair I have a question. >> So we have a left lane and a right lane from Durham Avenue and if I were to go to New Durham Road I would be on the

595
03:11:45.920 --> 03:12:03.680
left lane. Correct. Ask that again. >> Sure. So, you're splitting up the traffic. Right. Right. People don't want to make a right turns towards 287. Stay on the right. If you want to go left towards Muchen, you take New Durham Road. You stay to the left center lane. >> Correct.

596
03:12:03.680 --> 03:12:20.560
>> Now, I've seen a lot of people in this area, um, they like to inch up. So, now since we're diverting the traffic, the person that's trying to take a left turn, what if they keep inching up? And then I'm coming from New Durham Road and I'm trying to make a left turn onto

597
03:12:20.560 --> 03:12:37.600
Durham Avenue. That's an issue, right? Because I've seen that a lot of times. >> We we looked at the turning templates. Even if the vehicle was pushed up into the crosswalk, you could make the left turn in and not some actually I didn't even bring it up and and and thank you for bringing it up. the angle of the

598
03:12:37.600 --> 03:12:54.080
intersection. Also, what it's creating now is people that turn from New Dorm going east onto Dorm Avenue travel at a high rate of speed because of the angle of the intersection. We've now taken the angle out and they have to traverse it

599
03:12:54.080 --> 03:13:09.120
now in a normal manner where you typically make a left turn uh in studies about 15 miles hour where now they're traveling 40 miles hour plus because they can make that turn so easily because of the angle.

600
03:13:09.120 --> 03:13:28.160
>> What's the speed drop from 287 to this intersection? I think it drops down from like 50 or 45 to like 25, right? It's right in this area. It's still 45. >> It's still 45. >> Folks, please let the witness respond to

601
03:13:28.160 --> 03:13:43.359
the question. >> Uh, in in our data, it showed 45 as >> Okay. I mean, I see the issue I've seen personally is I'm driving, someone in front of me, not, you know, familiar with the area. They'll jam on their brakes cuz the GPS will say turn left.

602
03:13:43.359 --> 03:14:00.239
And now someone's from Durham Avenue is coming. Now, I can see this is a much better improvement of what's there right now. I completely agree with that. But this is something where I would definitely feel like a traffic light would be this resolution for this intersection. Um, and further making the

603
03:14:00.239 --> 03:14:17.279
the use of the building, increasing the use and causing more people to come to the area. I do think that's steering more towards the direction of having a traffic light or something there because I see a big concern there with the people that are making the left turn going east on New Durham Avenue.

604
03:14:17.279 --> 03:14:32.560
So, so when you met with the county, does the county um analyze whether a traffic light is required and is there a a method an industry or a engineering methodology to to to figure that out?

605
03:14:32.560 --> 03:14:48.720
There is um one of the reasons why this wouldn't meet the warrants for the traffic signal. Um when you have a T intersection, uh the key component of the warrant is the left turn out of the side street. That volume is too low.

606
03:14:48.720 --> 03:15:03.840
>> So it's essentially a right turnout with some lefts. Uh so the county uh I don't even know even if I presented it to them, I couldn't show a warrant that was met. So, I don't know that the county would approve a traffic stop and likely

607
03:15:03.840 --> 03:15:20.319
why there's never been one installed in all these years. Uh, knowing, you know, I'm sure the police department knows that there were 50 crashes in four years, you know, at this intersection. Um, >> yes. So, I understand traffic lights are great for getting

608
03:15:20.319 --> 03:15:36.000
people out of side streets, but generally it's for people trying to make a left, right turn out because you only have to >> contend with one direction. And and okay, and I know the police department opineed that they were okay with with the project, but what what was the

609
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county's goal as well in terms of just making sure these improvements were done this way? >> Oh, yeah. I mean, they they understand there's a safety and capacity issue at the intersection. Um, and they were all over an improvement here. Like I said, I think I did 10 different concepts uh to

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them and this is where we got to uh to provide a nice improvement again that comes along with the project. So this improvement >> without the project isn't an improvement that is constructed fully by the uh developer. Uh so it's something 100%

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borne by the developer. [snorts] Uh there's, you know, roadway improvements, uh curb work, uh a lot of striping. Um, it's not an insignificant improvement. There's ADA improvements across the intersection as well. Um, and

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the impact from the project, the Dorham Avenue approach to the intersection gets very few customers of this store. Because if you want to turn right or left onto New Dorm, why would

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you contend with 300 seconds of delay on Dorm Avenue when you would just pull out directly onto New Dorm Road? So, this project has almost no impact to the worst movement at the intersection, which is Dorm Avenue. and and all of the level of service analysis that you did

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in the build condition contemplates the sea store being added to the existing or the proposed rather um gas station. >> Correct. >> Mr. Chairman, Mr. D. >> So the currently the traffic that [clears throat] goes from Durham Avenue

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towards the Talmage doesn't have to stop. They can go straight at this time. Currently I >> I don't I I don't understand which movement you're talking about. Just just repeat the >> traffic that goes from Durham Avenue

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to the gas station passing the gas station go straight toward the Talmage road has a is not stopping at this time. >> No. No. >> But now you're adding now people to stop at the junction here. He has to go this

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way. Now he has to stop and go. Right. So now traffic is going to more back up >> on Durham Avenue. No, >> we the everyone we're stopping on Durham Avenue has to stop today. >> I get it. But they do not have to stop here and cut again.

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>> 30° not 90. [snorts] >> Yeah, that's what I'm saying. >> I I don't think I'm understanding what >> why don't why don't you repeat and we we'll try to we'll try to answer. >> So the traffic that goes from here Durham Avenue currently it goes straight, right? >> No. No, there's a stop sign. It stops.

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>> But but it stops sign and it goes. Right. >> Yes. >> Now with this modification now it has to come here and stop. Right. >> Yeah. It just stops. But now it stops at a 90° instead of a 30 >> and then make make less. >> Make a right. But it does the same

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thing. It stops at the stop bar and makes a right just to create more congestion on >> No less. >> No. Yeah. Why don't we That's a good Why don't we go through that again because I If I didn't make that point, well, I'll try to make it this time.

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Right now, if you go to that intersection in the busiest time, how long do you wait now? Because that that's Yeah. >> In the morning, 6 minutes. >> So, it's in the traffic report. You can see it. It's 358 seconds, correct?

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>> Yes. >> Which is 6 minutes. If we make the improvements that we're making, because I understand your concern, you're saying, "Well, if you make these, are people going to wait longer?" >> Right. >> If we make these improvements, then how long do people wait? >> Four and a half minutes. >> So, it's it's it's like a a a minute and

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a half improvement over or an efficiency in the in the >> Yeah. It's a 30% plus improvement in the operation. >> It still would be a stop sign though. >> Always be a stop sign. Yes. [snorts] But you said not significant delay.

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>> It'll improve in the delay because we've separated the left and the right. >> You would wait much less time, correct, than you would today. So it actually the concern you have, we're actually improving it and making it better. >> Improving. Yes. >> Okay. Okay.

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>> Um this is probably for Jason, I think. So uh >> Oh, no, you're you're fine. Um, so right now if you're traveling west on New Durham Road and as proposed there's that little cur curve the current into um

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[clears throat] uh to get into Durham Avenue that's on the applicant's property. Correct. >> No, there's a big section of right away there. >> Okay. >> So it's in the rightway. >> Okay. That was my question. >> Yeah. So the county has author or approved us making those

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improvements at our expense, >> right, >> in the in the right in their right of way to to make this improvement. >> Okay. And and and that part of that triangle is still the right of way that goes west of that turn. Correct. >> You mean

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you mean to the Yeah. And you're going to put you put greenery there. Put grass or shrubs there. >> The you're talking about the two directions there. Yes. Okay. That'll be a green island. >> Okay. Again, it's right away, but you're going you're going to you're going to take care of your client will take care of that, correct? >> Yeah, it would be part of our county

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approval. >> Okay. >> Yeah, we'd have to bond for it, etc. Yes. >> Thank you. >> Okay. Any other questions? See none. Um

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Oh, might want to wait for Charlie. He just came back. Oh, [snorts] Mr. Carly. >> Yes, please. >> If you could get the microphone on you. >> I did try to be better. I'm sorry. Yeah.

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Uh, again, I want to go through the process that Mr. Veresi and uh dynamic dynamic have gone through with the uh municipal engineering department and the county engineering department. You submitted your traffic impact study and the first version of the intersection

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layout back in December of last year. >> Correct. >> How many revisions have you have you gone through? >> Well, you've probably only seen five, but I I probably did 10. >> Okay. uh the uh the concept that the board has

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in front of it now which is very recently dated. What is your because the board they're going to make a a decision on traffic patterns based on the concept that's in front of them today that's April of 2026. What do you think are the chances that

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that'll be modified even further so that this is really what the board is looking at and down the road it won't get further modified? >> What's your comfort level with it? >> The last one that the county looked at and approved

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didn't have as large of a striped area. So on the west side, what we were able to do with this new plan, we were able to pull away from that curb line. So, there's someone's driveway even up in that area. Um, so our right turn is further away. Again, to what we were

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able to do with the left in the former plan, which was to tee it up to the intersection, we were better able to do it with the right by bringing it in. Uh, so we think this is going to be well received by the county, this new plan. >> Okay. Uh, do you require any easements

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on properties along New Durham or on Durham Avenue? >> All the work is in the rightway. >> Okay. And in your opinion, the uh the proposed driveways are as far away from that intersection as you can possibly get them. >> Yes. >> And your cuts with the roads do conform

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to standards both through Middle Sex County and the township of Edison? >> Yes. We as I in my testimony, I talked about how we were able to get everything actually west of [clears throat] uh Yolanda Drive. >> Okay. And you're

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>> Yolanda Drive. I apologize. Now, the uh the the issue with the uh with noise generation on the uh I'll say uh uh the uh mechanical devices, not your HVAC or anything like that, the mechanical devices that are currently shown on the

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eastern part of the property. Does the uh uh they're in what had been the bank parking. Now the bank parking of course does uh give uh the board a lot more considerate

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or does give them additional uh I don't know the lens I think it it gives them potentially uh uh deeper consideration because that's adjacent to the house. >> Is there a way you think that the

642
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parking works without the bank parking? Um, I'd still like to see a couple of those parking spaces if they were needed by the employees. Um, >> I'd be comfortable that the five along the front and the, um, the parking under

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the canopy is going to handle the customers for the store. >> Yeah. >> But, um, I guess we could do like I think the planner mentioned before, a look back. Um, that could be something the board could consider that could potentially increase the the buffer in

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that area. >> Yeah, I mean, we we could I guess to the point that was made earlier about the the I guess it's the east side of the property. If if the board felt we shouldn't build a couple of those spaces and put more landscaping, we could do that. And then if it they felt in the

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future we needed them, you could always have it, you know, ready to build if necessary. Yeah, that's a discussion that you'll want to have with the board and m particularly Mr. Aayok because he'd be the enforcing agent subsequent to a resolution. [cough] [clears throat] And uh uh that's about

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it relative to uh on-site circulation, Mr. Chairman. It's very straightforward. Everything goes in a uh a circular manner. Everything's aligned to the building, parallel and perpendicular. Uh I believe Dynamic has done what Mr. Vertoi says he's done. They've gotten

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those driveways as far away from uh that key intersection as they can and they have committed to an investment in the intersection. Uh and I was taking a biog Mr. Vera Reacy uh when uh Mr. Tuvel was

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talking about the process with the county. Uh I'm sure you did a warrant analysis with the county relative to a signal. Is that correct? >> Yeah, I talked about that a little when you weren't here. I think uh that we wouldn't meet a warrant because the the

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small volume of left turns out of the side street. >> Yeah. And what a warrant an analysis is, and I'll rely on you to to correct me uh when I'm wrong, not if I'm wrong, a warrant analysis is what warrants a traffic signal, whether there's fatalities at an intersection, what

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relative to uh volumes of flow in the intersection, the various legs of the intersection, and I believe there's five or six, Mr. Bacy. >> Uh if you add in there's more uh because there's A's and B's to some. So yeah, there's more than

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>> this doesn't meet any of those criteria. >> No. >> Okay. Thank you. >> Thank you, Mr. Chair. >> Thank you, Mr. Carly. Any question other questions for Mr. Vesi? >> Seeing none. Thank you very much. >> Welcome. >> Could we take like a two-minute break? Is that okay?

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>> I was going to say a fivem minute break. >> Five minutes. That's fine, but I leave it to you. You >> call me a good one. Yeah. So, we're going to take a 5minute break. Thank you. board return to session. >> Mr. Tubel. >> Thank Thank you, Mr. Chairman. I think based on the feedback we got from the

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board on some of the comments that we, you know, that that we had during the course of the hearing, I'd like to adjourn and have the ability to address some of those comments in an updated submitt so we could speak to those. And that I would I want my planner to

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testify on the ultimate final plan that we've you know hopefully we'll do our best to address the comments that the that the board um had um and then we could then go from there. So that's what I'd like to do if there's a new date we could have um and we'll get plans in well in advance of that meeting. Okay.

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Madam Secretary, >> Mr. Chairman, just one Mr. Dav, >> can I add? >> So while you do that >> Yes. We were thinking again on the on on moving the building more closer to the [clears throat] residential neighborhood. Even you just swap where the canopy is

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now away from the uh residential neighborhood and switch the canopy to convenience store convenience to the canopy. This way I'm just trying to see a more code compliant conforming building on the property. >> This is what I would tell you. We will look at that. >> Correct.

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>> I think the issue is going to be based on what Mr. Henry and Mr. Vertoesi stated that the driveway configuration that the county feels is the most appropriate and I think Mr. Carly alluded to this as well. You will not get the safest driveway configuration.

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But what I'll tell you this, we will look at it to make sure we've explored that issue. >> So, all right. So, I I want >> The board is in session. If you could please be quiet or take your conversations out of the chamber. Thank you. I want you to study that because when you just flip flip the convenience

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store and canopy, >> I think you're going to not touch the driveway problem. >> But but you got to study. >> Here's the answer. I promise you we will examine it and have an answer on it for you. >> Okay. Thank you. >> Sure, >> Madam Secretary.

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>> With the pending revisions, we can offer the June 30th agenda date if that's good for you and your professionals. That's >> that's good. >> Okay, great. So, for anyone here present, anyone listening at home, this case will be carried to Tuesday, June 30th, 2026 with a meeting beginning at

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7:00 p.m. here in council chambers. If you receive the notice, you will not receive another notice. This will serve as your notice. Um, folks, thank you so much for coming out. Thank you for your patience with us. This uh meeting will you you will have a chance to speak um when this is carried on June 30th. Thank you very much. >> If there's if there's an extension

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needed through June 30th, we're happy to provide it. All right. Thank you. >> All right. Thank you. >> Thank you. Okay. >> No, you cannot. >> Hold on a second. Please. Please. The process is that the hearing will be continued to June 30th. At that point,

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there'll be a time for public comment and to ask questions as well of the same witnesses. There will be a pres a plan presented with some changes, modifications possibly. That will be your opportunity to address this plan. Okay. Please. >> What I'm saying is we wasted two and a half.

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>> You didn't waste time. You had >> No, you >> you heard the application. It wasn't a waste of your time. >> I'm just saying like is there >> you will have a full It's part of the It's part of the legal and and I'm I'm not an attorney, but [laughter]

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>> No, but I'm going to but I'm telling you I'm telling you I've been on this board long enough. Part of this the procedure is you are guaranteed your right to speak. You will be afforded your right to speak. You sat and listened to the applicant. You will have your right to speak. I guarantee you that. It's it's

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part of the law and >> it will happen. >> It'll happen. Absolutely. Thank you so much for your patience. >> Thank you. All right. All right. Thank you, Mr. Ch. >> All right. Um, Madam Secretary, case three on the agenda. [snorts]

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Case number Z8 2024 Ultimate Collision at 115 Route 1. >> Folks, if you could please be quiet while leaving the chamber. >> Where is he? >> Do we know Mr. where Mr. Shy is? If not.

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>> Yeah, I think Mr. Shy left. Um, >> well that's unfortunate because we need him to consent to the time to act, but we can do that followup, Chris. >> Yeah. Okay. Yeah. And also, I mean, [gasps and sighs] >> I wanted him here so I could request

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updated engineering plans because his site plan is from 2024 and it doesn't reflect current conditions. >> I I can communicate with him that he needs to get updated plans as well as make the request for the extension of time. If not, he'll have to come back >> and renotice.

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>> and renotice. >> Okay. All right. Thank you very much. >> All right. >> All right, Madam Secretary. Next case on the agenda. >> Okay. Case number Z36, 2025 PSENG at 19 to21 Meridian Road and 1750 Oak Tree Road.

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>> Good evening, members of the board. Nice to see you again this week. Uh Rebecca Marello on behalf of the applicant PSCG for Z36-2025. We're respectfully requesting that this case be adjourned to the May 12th hearing. Um, preferably higher up or the

672
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highest spot on the hearing, preferably if possible. Um, and we also um will grant the board all the extensions and um sign any necessary paperwork with respect to that. >> So the board a time to act. >> Yes. Thank you. >> Okay. Till the end of May. >> Yes.

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>> Okay. Thank you, Madam Secretary. >> So we'll carry this matter to the May 12th agenda. >> Yes. >> Okay. All right. So for anyone here present, anyone listening at home, uh this case uh Z36205 PSEG at 1 19-21 Meridian Road and 1750

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Oak Tree Road uh will be carried to Tuesday, May 12th, 2026 with a meeting beginning at 7 p.m. here in council chambers. If you received the notice, you will not receive another notice. This will serve as your notice. >> Thank you. >> Thank you so much. And thank you so much for your patience. We greatly appreciate it.

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>> Do I need a screen for as well. >> Sure. Um, so just for the record reflects uh case 3 Z8 2024 ultimate collision at 1115 Route 1. It will not be heard this evening is

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being carried to Tuesday, June 30th with a meeting beginning at 700 p.m. here at Council Chambers. If you received a notice, you will not receive another notice. This will serve as your notice. Uh, this case will be carried to June 30th at 7 PM here in council chambers.

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Madam Secretary, any other business come before the board this evening? >> That'll be all for this evening. >> Can I get a motion to adjurnn? >> Motion to adjurnn. >> Second. >> Motion by Mr. Sadata, second by Mr. Pedell. All in favor signify by saying I. >> I. Nay. The eyes have it. Board stands

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adjourn. Thank you.