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That's why you sit down. We're going to start. >> Get his number. Call him tonight. >> I'm going to keep that down. You guys good? >> I'm ready to go. >> Elevator. Town of Medicine zoning board of adjustment special meeting of June 30th,

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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 posted in the home news and trabune on December 4th, 2025 as opposed to the main lobby and missile complex on December 4th, 2025. Please join me in pledge

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allegiance to the flag to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, liberty and justice for all. >> Madam Secretary, roll call, please.

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>> Mr. Carly, >> Miss Knight, >> here. >> Mr. Magaletta, >> here. >> Mr. Aayot, >> here. >> Mr. Chabra >> here. >> Mr. Patel >> here. >> Mr. Schneider >> here. >> Mr. Jet >> here. >> Mr. Sada >> here. >> Vice Chair Gorman >> here.

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>> And Chairman Kumba >> here. >> Madam Secretary, minutes for consideration. >> Minutes of June 23rd, 2026 for approval. >> What's the board's pleasure? >> Motion to approve the minutes. >> Second. >> Motion made by Mr. Schneider. Second by

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Mr. Patel. Roll call, please. >> Mr. Chabra. >> Yes. to the motion. >> Mr. Schneider, >> yes to the motion. >> Mr. Patel, >> yes to the motion. >> Mr. Det, >> yes to the motion. >> Mr. Sada, >> yes to the motion. >> Vice Chair Gorman, >> yes to the motion. >> And Chairman Kumba, >> yes to the motion. >> Thank you.

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>> Thank you, Madam Secretary. Good evening, ladies and gentlemen. This is a special meeting of the Township of Edison zoning board of adjustment. The board is composed of Edison Township residents appointed by the municipal council who volunteer their time and service to the board. This land use law requires a member successfully complete a land use training course administered

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by the New Jersey Department of Community Affairs. This board also holds in-house training conducted by our board professionals. The zoning board abides by the provision provisions of the mipal land use law in addition to our board's bylaws. The zoning board is a quasi judicial land use board which differs from the township planning board. Under

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the misan use law, 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 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

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conclusion of the applicant's pre presentation of their case, the case will open to the public. Residents within 200 ft of the subject property will be heard, filed by residents from outside of 200 ft. All residents will be sworn in. They'll provide their name and address. They'll be given six minutes to comment on the application being

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considered without the opportunity for a rebuttal. Residents may ask 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 com commentary begins, resident's timer will begin. The applicant would be allowed

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the opportunity for cross-examination of their witnesses. Under the law, the chair is allowed to stop any commentary which is repetitive or attempt to filibuster the board. Further, the chair is allowed to stop any commentary as that is irrelevant to the case or prohibited from the board's consideration. Once public portion is

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closed, all public comments are ended unless new testimony is presented by the 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

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adjustments statewide. The ML land use law requires the board to engage in a balancing act is not required to strictly apply township ordinances, zoning plan, or master plan. As a board of adjustment, variances are granted when appropriately necessary, following all legal considerations. As been the case with prior boards, this board will

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see where we're at if we are in session around 10:30 p.m. We do have a very very robust agenda agenda this evening. Uh it is our intention to get through as as much as we can. Um if you are not heard, please do not leave the chambers. Uh

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please wait to be called and we can uh deal with any rescheduling that would be necessary. 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 of anyone while they are

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speaking. The chair will not tolerate any outbursts by applicants, professionals, or the public. Further, since most cases are being recorded by be being recorded by a court reporter, I ask the speakers do not speak over one another. Madam Secretary, first case on the agenda, please.

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>> Case number Z5 2026 PSEG at 130A Meadow Road and 101 Silverl. Applicant is seeking preliminary and final site plan along with multiple bulk and use variances for the construction of an electrical substation and other electrical equipment on the property.

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Standards have not been met in accordance with the master plan. Electrical substations are not a permitted use in this zone along with the bulk variances that are attached to the rider on the application. Affected property is located in the LI zone designated as block number 366 and

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36601. Lot numbers 22, 25.13, and 10.12 on the Edison Township tax map. All notice and paperwork is in order. >> Good evening, council. >> Good evening, members of the board. Rebecca Myerelloo from Connell Foley.

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I'm here on behalf of public service and gas company. Um, back again. and I hope you guys are all having a good summer thus far. Um, we were last here on April 21st to present an application for preliminary and final site plan approval with D1 use variance relief and a litany

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of C bulk variances to construct a um a substation at the property located at 13A Meadow Road, 101 Meadow Road and 101 Silver Lake Road. At that hearing, um, we got through our, um, some testimony.

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We got through, um, a fact witness from PCG, Sunnil Matal. We got through some civil testimony from our civil engineer, Michael Blake, and acoustical testimony from Joe Keefe. Um, we're back this evening to finish up this application. Um, and what I first would like to do is

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recall my civil engineer to clean up some of the civil testimony from the last hearing. So with that, if I may call Michael Blake back to the stand. >> Please proceed. Hello. >> Good evening. So, I remind you you remain under oath for this uh

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application. >> Yes. >> Okay. Please state your name again for the record. >> Uh Michael Blake. I'm with Burns and McDonald. >> Okay. Could you give the business address, please? Uh it's um 9300 Ward Parkway, Kansas City, Missouri. >> Thank you. >> Mr. Blake, you had previously been

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accepted. Uh licens are still current and good standing. >> Yes, they are. >> We'll allow you to proceed. Thank you so much. >> Thank you. >> Okay. Uh Mr. Blake, so for some cleanup testimony from our last hearing, I I would like to direct the board's attention to exhibit A5, which is

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currently um on the stand right now. This was introduced at the April 21st hearing. It's a site plan prepared by Burns McDonald and it's dated March 30th, 2026. So, um, Mr. Blake, we you reviewed the

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transcript from the prior hearing, correct? >> Yes, that's correct. >> And there was some testimony about an existing gas line that you would like to clean up. Is that correct? >> Yes, that's correct. So, uh, during our conversation, Mr. Carly and I were talking about um the various gas lines

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that run through there. There was an assumption that uh they were owned by PSEG by myself and that was incorrect. Um in doing so, if they were owned by PSEG, we would be we would qualify for a project or we would qualify

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uh as an ownership exemption, but because they do not own those lines, we do not qualify as an owner exemption. Um because the because of this PSEG is actively seeking the necessary relief and exemptions from the appropriate

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regulatory authorities and pipeline operators to proceed with design as proposed. >> Um so when you're talking about the zoning exemption, you're referring to section 37-4.21 of the borrow's ordinances. Correct.

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>> Yes, that's correct. And this ordinance is it prohibits interference within 75 feet of an existing pipeline including gas lines. Correct. >> Correct. >> And so we are going to seek a variance because we are interfering with the ground and and as such to build this

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substation and it's in within 75 ft of that gas line. >> That is correct. We are closer than 75 ft. >> Thank you. Now, since the April hearing, um, h have your has your office had an opportunity to review the engineering report

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prepared by the board engineer Charlie Carly? >> Yes, we have. >> And, um, did you in fact prepare a response to that report? Yeah, the uh in general we were uh after the testimony

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um there was a consolidated review report dated June 11th, 2026 um basically compromising or comprising of all the discussions we had at the previous hearing plus uh back and forth

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discussions uh with with Mr. Carly. Um, in the end they resulted a few new comments and those were what I would like to address now. >> So, sorry if I could just interrupt you. Um, what you're referring to, so so you and PSCG, you provided a response to Mr.

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Carly's initial review letter. That's correct. >> May 28th, we provided a letter response back to the initial comments. >> And then Mr. Carly provided a response letter last dated June 11th, 2026. That's correct. >> Correct. And there are some additional

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comments in that June 11, 2026 letter that you would like to review this evening. >> Yes, that's correct. Do you want me to read the comments verbatim or do you want me to just establish the number? >> We could we could do both. So,

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first we could um let's review comment 2.4, which asked the applicant to um address the NERK SIP applicability to this site. Um, we're going to present a security expert. So, if if we can skip

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over that comment and we'll come back to it later on this evening when we get to our security expert, >> Mr. Carly. >> Thank you, Mr. Chair. >> I would say relative to 2.4, I I prefer Mr. Ba's uh approach, just go through

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those comments that say new on my June 11th report. New isn't necessarily new out of left field. It's just an amendment to a previous comment. As Mr. Bay represented, we've had uh very good progress working together to resolve the first the April meeting uh letter and

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subsequent to the April hearing. I think much of the questions that the board may have had had been answered. Comment 2.4 just uh says to the applicant, make sure you get the chief of police's uh review uh letter as an exhibit to the board for

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your record. Uh so if the board does approve this through resolution compliance, we do have the chief of police's certification that he's had a chance to take a look at the plan and he is comfortable with it. >> Yes, we certainly would agree to that.

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>> Okay. >> Moving on to the in quotations the new comment in 5.1. Uh, this asks that the applicant places on the record the project's basis for a legacy status under the 2026 real rules aver

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flood hazard permit was received in advance of January 20th, 2026 and remains valid. Can you please address that comment? >> Uh, yes. So, the the project is exempt from the new 2026 REAL regulations. Um, we do have a valid NJD flood hazard area

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permit which was officially issued on June 10th, 2025 and it remains valid and active uh and was received in advance of the new January 2026 regulations coming out. Moving on to the next new comment in

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6.1, the applicant shall furnish a brief water supply basis of design statement in RSIS certification >> um commensurate with the proposed deminimus uh water demand. Can you address that comment? Yeah, just just to clarify like as part of the comment

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resolution, we will provide a water supply basis design statement and it'll be in accordance with uh or we will also be providing an RSIS 521-5.1 certification. >> That is actually a bad comment from me because >> Scarlet on your uh

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>> I'm sorry that's actually a bad uh clinker of a comment from me. RSIS is not strictly applicable, but just make sure you get a will serve letter from the water utility, right? >> And that'll serve that purpose. >> When I reviewed it, you know, the regulation, obviously, it's not

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something that usually applies to us, but >> yeah, it's a clinker of a comment from me. >> Yeah. >> So, >> but I I understand what you're looking for. You're basically just looking for certification that will be >> Move forward. It's 90 degrees out, son. >> Sounds good.

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There are no bad comments from you, Mr. Carly. >> Thank you. >> Move that be stricken from the record. >> Okay. Uh, next is 8.3. The applicant should fix cut fill estimates to the plans. Is that something that you would agree to, Mr. Blake?

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>> Yes, we're planning to put that on our plans. >> The next comment 9.3. Um the applicant shall provide proposed easement descriptions related to this project existing and any proposed um as a condition of approval. Is that correct? Something you would agree to?

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>> Yes, I agree to that. >> Okay. And that wraps up any new comments from the June 11th report. >> And again, the balance of those comments in Mr. Carly's letter the applicant a agrees to abide by. Correct. >> Correct.

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>> Okay. Thank you. Just need a clarification on >> Oh, I'm sorry. There was one more comment. >> Basically, it was on 6.3. We just need to clarify. We put storm water. It was a mistype on our end on a response letter and it should have been sanitary, but other than that, we're in agreement with

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with it. >> Great. Thank you, Mr. Carly. Do you have any uh >> No, I think Mr. BA's testimony and the the the way this application has proceeded in front of the board. This is again another hearing. So the board's had uh benefit Mr. Ba's testimony at

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previous hearings and in the plan revision since this was first presented at the TRC. I think that uh Mr. Ba's work product has addressed all the comments that I offered. >> Great. >> Thank you. And for the last cleanup item

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for civil testimony, at the last hearing, it was requested that we provide some more renderings of the proposed project which highlight um what PCNG related equipment and polls are existing at the property as it exists

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today and what is proposed should this application be approved. So with that, I would like to enter a new exhibit. Um, my notes say that we're now on exhibit A10, which consists of a a sevenpage rendering of

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>> Well, let's let him describe it for the record, please. Mr. Could you please Yeah, this is A10, correct? >> Correct. Okay. >> Yeah. So, this is exhibit A10. Um it's similar to what we provided at the first testimony, but we've added a few additional um viewpoints

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for the request and then also uh cleaned up some of the actual rendering views to maybe help clarify or better explain, you know, what the in intended design will look like. Now, I could go through each view individually. I don't know if you guys want to focus

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on anything specific. Have you had a chance to review these prior to to tonight? >> I think we the board has reviewed. So I don't see a need. >> So view viewpoints uh four and five were

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I believe the two that were were added to be, you know, added to the to the display. And so I can bring up those. And we're including these all as exhibit A10. So, I'm starting with viewpoint five and I'm just going to go clockwise around so

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you guys can kind of follow along. Oops, that's view point two. So, as you can see, um a top picture is existing. Um bottom picture is our attempted rendering to show what the the

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plan will look like from, um the street. I forgot what the street >> is. Is it on the viewpoint map, Mike? >> Oh, yeah. Clifton Street. Sorry. Um, as you can see,

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the real main difference here is there's a lattice tower here, which will no longer be there. And now there's two additional uh transmission lines. And then between the houses, you can see some of the substation. So, continuing around 2.4,

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similar picture. Um, a little bit farther north on Clifton Street. For this one, you can see the existing lattice tower that is being removed. And now there's the two transmission lines.

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And in kind of here in the background, you can see the the actual substation. You can see the substation structures and the wall. This is viewpoint 3, which is actually from Meadow Road. Um,

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right now you're just kind of across the street where there's an existing parking lot and warehouse. And what you're seeing is just tree line. Those trees are all that's part of the trees that are all being removed for the the station frontage. Um but in place you can see where we have proposed a bunch

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of landscaping and then you can see the um the exist there are the new transmission lines. There's an existing uh existing transmission tower that is there. Two new poles here. A few lattice towers. the uh

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the wall that is the one that's been in there the whole time. It was in the previous rendering, but we've cleaned it up to make it look a little more realistic. Um it did need a little bit more of an artist touch to kind of represent what it was really going to show.

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Viewpoint two which is more or less from the intersection of Clifton Street and Meadow Road. Um, this was the one that I think we really focused on um in the previous hearing. So, we did go in and

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tried to make sure that uh there was comments that it looked like some of the equipment was elevated. So, we really tried to focus on showing that proposed grade. It is an elevated station from the viewpoint. Um, but we tried to really make sure that it looked a little

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more realistic with the grading and everything. Um, and then, uh, you can see the existing equipment. There is a lattice tower in the background that does stay, but the one in the forefront is the one that is being taken down. And then we do have some additional new transmission poles

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as mentioned. And then viewpoint one is from across the street from the uh Penske lot. Um this one didn't really change much other than we tried to make sure that we did account for all the the the tower

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structures. I think there was a few that were missing in the previous rendering. Um, but in general it looks about the same and we cleaned up some of the rendering of of the vehicles that we' put in there. I don't know if you have questions on any of them specifically. Does

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>> board have any questions for Mr. Blake with regard to the renderings? None. Thank you very much. >> Okay. Thank you. >> Okay. I I rest this witness and I defer any questions the board might have um towards civil engineering. And if not, I'm ready to move forward with my next

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witness. >> Before we let Mr. Blake off the hot seat, any questions? >> Seeing none. Thank you very much. >> Thank you. >> Thank you. >> Okay. I would like to call my next witness, Jerry Sansen Vino. Uh he's our

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security expert for this application. Was it supposed to be fact and expert or just just factual? or a bit of both. >> A little bit of both. >> Okay. So then you have to qualify him, right? >> Yeah, we're going to qualify him. >> Okay. Just raise your hand, please. Do you swear or affirm the testimony you'll give this evening is the whole truth?

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Okay. Thank you. Would you please state your full name, spell it, and give your business address? >> J E R Y S A N S E North. >> Mr. Sanino, you can have a seat. Um, and just speaking to the microphone. Um, and

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if you could just give the board the benefit of your background qualifications. >> Absolutely. I have a bachelor's degree from Lasal University in Philadelphia. After that, I've worked for the US government for 28 years with the US Marshall Service in New York and New Jersey. I retired in 2022 and took a

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position with PSENG in their corporate security department. I currently am the senior manager of infrastructure assurance which uh supervises our physical security program, our security projects, regulatory compliance. I'm a certified PPP with ASUS International as

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a security professional >> and we'll accept you. Thank you so much. Proceed. >> Okay. Thank you. So, Mr. San Marino, are you are you familiar with this project that we're here before the board tonight to present? >> Yes, I am. And what's the extent of your

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familiarity with this project? >> I'm familiar with it. We do have other sites that are coll-located there. I'm aware of the site plan that's been initiated and some of the concerns that were raised by the board. >> When you say concerns raised by the board, um can you go into those concerns specifically about site safety and

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security? Can you please share with the board what PSCG or yourself what kind of analysis you have engaged in and conducted to determine the security measures that PSG deems necessary for this site? >> Sure. PSNG takes a very holistic

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approach to evaluating their assets whether they're current or planned. That includes evaluating different criteria um based on the site location, the criticality of the assets there um and several other factors that impact um that site location. Based on that evaluation, um, we determine the

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appropriate protective measures that are needed at that site to ensure the reliability of the electric grid and provide service to our customers. >> Thank you. Um, now c can you give the board the benefit or some education on how that analysis relates to the

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decision to construct a wall on this site to secure these assets? >> Sure. Um, we we take a look at the site, uh, the critical assets that are located inside of that site, the potential for harm that could be posed from an outside

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source, and then we develop a mitigation plan to eliminate the risk of an outside um, attack on that station. Um, that could be done by several different methods, um, including line of sights, uh, design based risk analysis as well

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as site surveys. Now, how does NERK SIP apply to this site? Has there been um an applicability determination made with respect to this site in NERKIP? >> Sure. Um we would not classify this as a NERK high or medium location. It may be

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classified as a NERK low, which is the lowest requirement that NERK currently has. Um it does not provide significant support to the electric grid. um whereas a medium station or a high impact station or a SI4 SIP 14 station.

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>> So can you now in your capacity with PSG um do you guys have any communications with the police department and things like that um to ensure site safety? >> Sure. We enjoy a very good relationship with the Edison Township Police as well

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as the state police. Um we run drills in this jurisdiction, you know, to make sure that the security at those sites are up to par where they're actively engaged. Uh they respond to calls for service uh when any suspicious activity is uh encountered.

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And just to reiterate the the point, um if we should receive approval approval from the board this evening, PCNG will work with the uh Edison Police Department and the police of the chief of police um to secure any necessary approvals from that department to operate.

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>> Absolutely. We value that partnership with the state and local law enforcement and emergency services. >> Thank you. I have no further questions for this witness. >> Support of any questions for Mr. Sanino? Seeing none. Thank you very much, sir. Thank you.

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>> Okay, moving on to my next witness, Lisa De Franza. Let me help you over here. >> M real quick on A10. How many total? How many boards are comprised of A10? >> One, two, three, four, five, six. There's six boards in A10

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>> total. Okay, thank you. Um, my next witness is Lisa DeFranza. She's an engineer from E2PM project management. >> Okay. Please raise your right hand. Do you swear or affirm the testimony you'll give this evening in this application is the whole truth? >> I do.

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>> Thank you. And thank you for speaking to the microphone. Please spell your spell your name and provide your business affiliation and address. >> Lisa Defranza L I SA Def Franza D I F R A N ZA. I work at E2 Project Management located at 2517

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Route 35 in Manisquan, New Jersey. >> And you could bring the podium, the microphone podium closer to you so you can sit more comfortably. Um and then if you could also for I'll give you a second to get comfortable. You're good. >> Yeah. >> I don't know where they found that chair from, but I'm sure. I'm short, but not that long.

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>> If you could please provide the board with the benefit of your background and qualifications. >> Sure. Uh, I've been at E2 Project Management for 5 years now. I am a licensed professional engineer in the state of New Jersey. My license is currently in good standing. I'm also a

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certified municipal engineer for the past uh 15 years. I'm a licensed engineer for 16 years. >> Great. We'll accept you. May proceed. Thank you so much. So Lisa um with respect to landscaping what if anything have you prepared for this application?

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>> Uh I am not a licensed landscape architect however I am an engineer and this uh landscape design that we have prepared uh that was presented to the board uh was provided was prepared under my direction with a landscape designer from my office.

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>> Great. Thank you. >> I'm sorry. Or was that is this the u the plan's been presented on the on the on the uh stand you're talking about? >> Yes, the next the next exhibit. >> And what is that exhibit? Has it already marked with something? What is that? >> Yes, this is A1. This has been marked at the last hearing. A1. And this is um an

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aerial of the existing site. Just to orient the board, we wanted to put it up um so the board could see what's going on here. >> Okay. Thank you. >> Okay. Okay. So Lisa, can you please describe the existing vegetation on this site?

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>> I'm going to get up to the board again. She had indicated this is an existing exhibit uh aerial for for the station property. Uh the proposed station is going to be in an area towards the front of Meadow Meadow Road.

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Um there's existing trees in that area. The area encompasses 6 and a half acres. Uh the existing meadow road station is to the north and west of this the property near the adjacent uh

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residential uh district to the north. The there is a pinch point in the area of the existing substation where a 30-foot buffer is required between the industrial district and the residential

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district. So at that pinch point due to an existing stream that runs along that common property uh there is a pinch point where we do not have that 30 foot buffer. So we're going to request a waiver from that or a variance whatever is required.

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The existing vegetation along that westerly border will not be touched. It's in encompassed within wetlands. So we're going to leave that and not touch that. Again, as I indicated, the existing area towards the front of Meadow Road

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depicted with the red line around where the station will be towards the front towards Meadow Road to the north. And just to orientate you, Penske property is is right to the east along

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Meadow Road and the Turnpike is to the southeast. Okay. So, I would like to mark this next plan as A1. >> And Lisa, before we go into what this is, um, can you just confirm that you prepared and you signed these plans?

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>> That is correct. It's sheet L-1. that was in the packets that were submitted to the town. It's the landscaping plan. Latest revision date 3:30 2026. >> So sorry. Was this already posted or is this this a new exhibit?

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>> This is a new exhibit. It was not presented last time. >> All right. Thank you. >> Sure. >> Tell by the date. But >> yeah, um I'm going to discuss PSEG's uh site uh standards for safety and security. The landscaping in and around

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substations have to comply with um the New Jersey Board of Public Utilities, the North American Electric Reliability Corporation standards, and the N National Electric Safety Code regulations as it pertains to proposed

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uh landscaping at a station. And due to numerous constraints that exist at the property today, as you can as presented before within a transmission right away, there's no landscaping permitted. There's no

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landscaping permitted in a a substation or a switching station. Some of the other constraints is there's no vegetation taller than 3 feet high in a wire zone. Uh there's no vegetation permitted from 10 ft from a fence or a

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wall. So there's numerous constraints. So we didn't have too much room to add proposed landscaping. So we did the best we could with what we had as far as the station goes. Uh as far as the existing amount of

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trees to be removed in that 6 and a half acres, that equates to 1,241 trees to be removed. And in accordance with the ordinance, it requires 1,273 replacement trees.

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We are only replacing 29 trees as part of the improvements. So there will be a deficiency which PSC and she respectfully request a uh to contribute to the tree fund.

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I'll discuss the proposed landscaping as can be seen here. Meet Road. Meet Road is to the north and the east on on the board. The station is to the west and the south. This is an ex right here is an existing storm water management

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area. The northerly access drive, proposed access drive into the property is to the north. There's another one to the south and the east. So what's depicted in green is the proposed landscaping. So there will be 29 trees.

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Three of those trees will be have to will be planted in the right of way just because we're really close to the road there. And we also installed a sidewalk. We also included included some trees and shrubbery adjacent to the Penske

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property as can be seen in the green along here to provide some additional buffering. Again, there will be 29 trees and 35 shrubs, a mix of deciduous and evergreen. >> Thank you, Lisa. Um, and you also had an

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opportunity to review Mr. Carly's engineering report last dated June 11th, 2026. Correct. >> Correct. >> And any comments in that report with respect to um revisions to the landscaping plan? Anything with respect to the landscaping plan, you agree to revise as a condition of approval?

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Correct. >> Correct. We're going to revise all of the notes, all the details, any anything you requested in your comments, we'll re we'll revise. >> M Carly, >> thank you. >> I have nothing further for this from

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this witness. >> Sport have any questions? Seeing none. Thank you very much. >> Thank you. Okay, we're now ready. Thank you, Lee. We're ready to present our last witness,

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our our project planner, Jim Higgins. >> Good evening. Okay, please write. Thank you. Do you swear or affirm the testimony you give this evening at this hearing is the whole truth? >> I do. >> Okay. Please state your whole name. Please state your full name and affiliation and business address, please.

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>> James W. Higgins, HI GG I NS. I am president of James Wh. Higgins Associates. Uh my address is 14 Tilton Drive, Ocean, New Jersey. And I've been a licensed planner in the state for 45 years. I've testified before this board

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as an expert in the field of planning a number of times. Uh I'm I'm not sure what else you might >> Mr. Higgins, your uh license is currently good standing, >> but it's Yes, it's in good standing. I just in fact I just renewed it. >> Oh, congratulations. >> And I'm probably one of the oldest

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planners, not the oldest because I think he will be se before you a little bit later tonight, but I think I'm the second oldest planner in the state as far as experience goes. not going to name them, but okay. Thank you so much. You may proceed. We'll accept you. Okay.

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>> Okay. Mr. Higgins, in your um infinite wisdom that you just described to us, um are you familiar with um the township zoning for this property? >> Yes, I am. Yeah, I've looked at the application. I've looked at the zoning. I've looked at your master plan. I visited the site. Um and I think much

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much of what I would normally present to you has already been presented to you. I don't think we need to rehash the site, what the surrounding area is like. Uh the zoning is light industrial and the use itself is not a permitted use in the

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zone. However, your master plan for uh the the lots on block 366, that's 2512 and 22, recommends not only that those lots be redeveloped, but they be

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redeveloped for either public utilities or transportation. So there's a recognition in your master plan that this site is is is adequate and really is is intended for public

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utilities and that's what's being proposed with this application. Um but we do need because the zoning hasn't caught up with the master plan, we do need a devariance for those two lots and for the lot that's across the the turnpike where there's going to be a

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single monopole. uh when I look at the application clearly the use meets the definition in the municipal land use law as an inherently beneficial use uh and that is a use that fundamentally serves the public good and promotes the general

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welfare. Uh in this instance the facility is is such a facility and in my opinion is an inherently beneficial use. when you have an inherently beneficial use that in itself satisfies the positive criteria for the granting of a

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D1 variance and we need D1 variances for all three lots which are basically three lots but it's essentially one use one functional use uh the master plan is very specific not only by identifying

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this site as a site that would be redeveloped for for public utilities ities, but also talked about the need for in infrastructure resilience and sustain sustainability of uh public utilities and to maintain and improve

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the township utilities to support the current and future population. And clearly the purpose of this application which is to provide an upgrade in the public utilities in the area that serve the township and surrounding

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municipalities I think meets that goal of the master plan. that purpose. In addition, master plan states that there's a need to maintain and improve township utilities and in that regard recommends coordination of infrastructure upgrades and maintenance

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with PSNG specifically this applicant which again this this application is is geared towards that specific goal of your master plan. So clearly there are positive reasons for granting the variance variances that are requested as

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terms of the the three sites and the uh use itself is an inherently beneficial use in my opinion and if it were not to be deemed an inherently beneficial use. The fact that the master plan designates this site for this type of use really

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demonstrates the particular suitability of the site for the use. It's also a use that's under the licensed and under the umbrella of the New Jersey Board of Public Utilities, which I think is also an important aspect. Uh, with regard to inherently

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beneficial uses, there are four there's a four-part test, excuse me, that that deals with that. The first part of that test is to establish the magnitude of the benefit. And clearly there is a

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significant benefit that will be uh realized by the in by the construction of this new facility and the new facilities on the other two uh satellite lots that are being proposed the monopoles.

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uh it provides a state-of-the-art facility that will provide the necessary redundance, sustainability and reliability and improve those aspects of the electrical transmission in in the area. So I think that in itself is a

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substantial uh benefit. In addition, it's recognized by your master plan as being needed not only townshipwide but on this specific site. So I think the mag magnitude of the benefit is

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substantial. The second test is determining the magnitude and any potentially negative impacts of the of the proposed use. Uh and when you look at the possible impacts of there's

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in general it involves new construction of a public utility on a site that is specifically recommended in the master plan for utilities and redevelopment. So what's being proposed here actually is is geared towards implementing your

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master plan. So generally I don't think there's any negative impact there. As far as aesthetics go, uh it's no secret that uh electrical substations are not attractive and the the equipment in them is

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designed for functionality, not for aesthetics, out of necessity. And the regulations, as you heard discussed, you can't really have a lot of landscaping in particularly inside the facility. So the facility itself is not attractive, but what's being proposed here is to

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surround that facility with walls and fences. Their primary purpose is for security, but their secondary uh effect is that they screen much of the station and provide a much more aesthetically pleasing

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uh environment than if those those walls and and fences weren't there. Plus the landscaping that's being proposed is uh going to soften the impact also substantially in my opinion. Uh and the fact also that the master plan

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designates this site for this type of use, there is an anticipation that what would be there would have to have these types of screening to help with the aesthetics. Uh noise, there's no substantial noise

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associated with uh with the use. Uh traffic, there's very little traffic. It's ins really insignificant. Most of the time, there will be no traffic associated with the use. Safety, there's a two-pronged issue as far as safety

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goes. There's the fa safety of the site itself. And again, the applicant has taken extreme measures that are that are necessary to assure the safe operation of the site. You've had a lot of testimony on that regard, so I don't think I need to go into all of that. But

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also, the use will promote the the public safety use itself will promote public safety. So, I don't see any negative impact. If anything, there's a positive impact with regard to safety for this use. The the final one would be the impact on the zone plan. And the

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zone plan is the combination of your zoning ordinance and your master plan. It's in the late industrial zone which is an ideal zone for this type of use because the nature of the use is for industrial type uses, but also again the master plan recommends the site for

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utilities and redevelopment. So I think it's consistent with your zone plan and there's no substantial detriment to your zone plan particularly when you consider the fact that this this area has this site has been used for this type of facility for many years and you also

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have the transmission lines coming into the site and going out of the site. uh when you look at the third prong of the SECA test, it's to uh see whether there have been any measures taken to mitigate the potential negative impacts. And

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again, when I look at this, as I've discussed earlier, I think substantial measures have been taken to mitigate the negative impacts that exist. It's primarily aesthetics and they've done at the best they can to try and screen this

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this use from from view and to provide a a more palatable and more aesthetically pleasing uh view of of the facility. uh when you go to the fourth prong of the SECA test, that's that's where it gets

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interesting because normally when you're trying to balance benefits and detriments, you're when you're going for say C variances, you try or even a Dvarian where the use is not inherently beneficial, you want to show that the

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benefits substantially outweigh the detriments. If the applicant can't demonstrate that the applicant application shouldn't be approved in this instance that weighing is totally reversed for an inherently beneficial uses concern. The the courts have said

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that you have to look at and see and if the detriments don't substantially outweigh the benefits then the application should be approved. And in this case I think actually the benefits substantially outweigh the detriments. So, I think the

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application should be approved. >> Thank you, Mr. Higgins. Um, just to note for the record, you have had an opportunity to review the planner report prepared by NGlia last dated June 29th, 2026. Correct? >> Yes, I have. Um, and although there's nothing specific um

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for you really to address, but there's nothing that you disagree with in this report and any comments that we wouldn't be able to comply with from a planning standpoint. Correct. >> I don't see anything that I disagree with or that can't be complied. >> Thank you, >> Miss Knight.

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>> Um, yes. So, with my June 29th uh report that I issued yesterday, um I think with this testimony from Mr. Higgins. It's um everything within my report has been addressed by the applicant. >> Great. Thank you very much. >> Thank you. I have no further witnesses.

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>> Okay. Well, let's just see if the board has any questions for Mr. Higgins. Board any questions, Mr. Higgins? Seeing none. Thank you very much, Mr. Higgins. >> Thank you. >> Um I don't know. Does the board go ask? >> We'll now go out to the public. Right.

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So, um so we now got to the public. So, anyone within 200 feet of subject site wanting to be heard, you within 200 feet, you received a notice via certified mail. Please approach. Seeing none, can I will go outside of 200 ft of subject site. Anybody wanting to be heard, please approach.

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>> Seeing none, can I motion to close public portion? >> Motion to close public portion. >> Second. >> Motion made by Vice Chairman Gorman, second by Mr. Schneider. All in favor signify by saying I. >> I. >> Those nay. The eyes have it. Public portion is now closed. And if you have any uh summation. >> Yes. Um thank you everyone for your

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indulgence. Um you sat through many hours of testimony on this application in as you've heard throughout this application right this this use we we are asserting that this is an inherently beneficial use. Um you heard testimony throughout this application that there's

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a need for greater electric electricity and power capacity within this community and outside this community. It's not just due to the growing population in Edison, but also growing technologies such as the use of Tesla vehicles and things like that that the the supply of

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power needs to meet the demand to for PSEG to supply good power to the burrow. Um, in addition to that, as you heard from our project planner, the master plan specifically recognizes and designates the site particularly suited

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for this utility use. Um and in fact there's an existing substation almost next door. This application not only improves electric utilities within the B burrow but there's also going to be storm water improvements so that we could leave this site in a better

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condition um than it exists today. Um as such PCG submits that the benefits outweigh any detriments. Um, PSCNG goes through great lengths to mitigate any negative impact um, such as the acoustical testimony that you heard. We

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agree to do a post construction study to make sure that any sound impact doesn't affect the neighbors. Um, PSCG, you know, they probably call Mr. Charlie Carly on a weekly basis at this point to make sure that from an engineering aspect, um, all of our tees are crossed

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and dyes are um, eyes are dotted. Um, PSCG is a neighbor within Edison. They want to continue to be a good neighbor. And um, after all the testimony you heard, I submit that this application respectfully warrants approval. Thank you.

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>> And I'll go Thank you very much. And I'll go to the board, >> Mr. Chairman. >> Mr. David, >> I I make a motion to approve this application. Uh, it will help improve and the maintenance of the future utility needs for the township. The applicant has met all the negative and

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positive criteria. The site is particularly suited for the intended use. The use is not detriment to the public good, public safety or general welfare. Um, this motion will also incorporate all of the testimony of the applicant, attorney, planners,

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engineers, and members of the board as well as incorporate all of the conditions as testified to in April meeting and this evening meeting. >> Second motion made by Mr. Mr. Dav Sec by Mr. Sadata. Roll call, please. >> Mr. Schneider,

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>> yes to the motion. >> Mr. Chabra, >> yes to the motion. >> Mr. Patel, >> yes to the motion. >> Mr. Det, >> yes on the motion. >> Mr. Sadda, >> yes to the motion. >> Vice Chair Ogorman, >> yes to the motion. >> And Chairman Gumba, >> yes on the motion. Unanimous approval. Congratulations.

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>> Thank you so much. Uh >> Melo, just make sure that any exhibits you uh send a copy of them electronically to the board secretary. >> Of course, no problem. >> Okay. Thank you very much. congratulations. >> Madam Secretary, next case on the agenda, please.

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>> Case number Z13, 2026, Jeremy Genithol at 119 ID Wild Road. Applicant is seeking a bulk variance for a garage addition to the existing single family dwelling. The following standards have not been met. Sideyard setback required is six feet. Proposed is 3.55 ft.

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Affected property is located in the RB zone. Designated as block number 1119, lot number 24 on the Edison Township tax map. All noticing paperwork is in order. >> Good evening. No.

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>> Hello. >> There you go. There you go. >> Thank you. Sorry. >> You see the attorney for the electric company. She pulled a trick on you there. >> All right. Uh good evening, Mr. Chairman and members of the board. Uh my name is Peter Wagner of Richard Lup LLC and I'm representing the petitioner Jerry Gin uh

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Ginthal, excuse me, in this application. This application concerns a request for one bulk variance to construct a garage edition at 119 Idle Wild Road, also known as block 1119 and lot 24 on the Edison tax map. The property is located

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in the RB zone. All legal notices for the matter are in order. Uh we specifically request we are specifically requesting a sideyard setback variance uh of 6 feet uh where six feet is required excuse me and 3.55 ft is

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proposed. I have two witnesses today. One is the applicant Mr. Ginthal is present standing uh seated to my right and the second is John Chadwick licensed professional planner. >> Okay, you may proceed. >> I'm sorry. >> You may proceed. Okay. Thank you. Uh,

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Mr. Ginthal, >> but actually well, our attorney will swear him in. >> Please raise your right hand. >> Do you swear or affirm the testimony you'll give this evening is the whole truth? >> Yes. >> Please say your full spell your full name and address. >> Uh, Jeremy Ginthal, 119 Idle Wild Road,

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Edison, New Jersey. >> Thank you. >> All right, Mr. Ginthal, you were the applicant in the ma in this matter. Is that right? That is correct. >> Okay. And how long have you lived at 119 Idol Wild Road? >> Uh 10 years. >> All right. And you live there with your spouse? Is that correct?

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>> That is correct. >> All right. Um what is the approximate size of your home? >> Uh about 1300 square ft. >> Okay. And do you have a basement in there? >> No. >> Okay. Uh what storage space do you have in the home currently?

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>> Um hardly any. Just the attic. >> Just the attic. Okay. Um, and you so you found it challenging to store tools and other items uh in your home. Is that correct? >> That is correct. >> Okay. Do you currently have any covered parking for your vehicles outside?

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>> No, I do not. >> Okay. Uh and and for those reasons, you'd like to build the garage edition. Is that right? >> Yes. >> Okay. Uh is there any place on the property other than the proposed location of the garage that would work?

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>> No. >> Okay. I would present this as the applicant's uh testimony. I open the open it up for the board if they have any questions of the applicant. >> Does the board have any questions for Mr. Jinthal?

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>> Seeing none. Thank you very much. >> Thank you very much. Okay. I'd like to call John Chadwick, a professional planner. Do you swear or affirm the testimony is the whole truth? >> Yes. >> Okay. Please state your full name. Give your business affiliation.

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>> Name is John Chadwick. C H A D W K and I am a sole proprietor of my firm. >> Mr. Chadwick, you've appeared before the board prior. If you could please give us a brief sum of your background qualifications and also bring the microphone podium a little closer to you so it's easier to do.

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>> That's perfect. Thank you so much, sir. uh undergraduate from Ruckers University, graduate degree in city and regional planning and architectural design from Pratt Institute, New York. I'm a licensed professional planner in the state of New Jersey since 1969

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and have been serving municipalities and private clients since that date. >> License or current in good standing? >> It is. >> You may proceed. Thank you so much. >> I was introduced by Mr. Higgins earlier. >> Oh, I thought he was talking about Dupont.

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U Mr. Chadwick, you you're familiar with the application. Is that correct? >> I am. >> All right. And would you uh please testify to the board uh now about uh your opinion regarding the application? >> Yes. Uh do we want to just

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>> Oh, yes, please. Um we have uh we have handouts that we can mark as exhibit A1. >> Okay. Please give to the board secretary. Can >> you describe what A1 is, please? >> Might take some time to wait for

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everyone to have it in front of them. >> Hopefully, this picture is worth 10,000 words scale. Everyone have a copy in front of them? >> Yes, sir. >> Uh picture shows essentially what this neighbor this neighborhood's pretty

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large uh subdivision built in the early 1950s. >> Mr. Chadwick, before you do that, did you prepare this this exhibit? >> Oh, yes. >> Okay. Thank you. Um, the property in red is the site of the application outlined in red

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and it's an aerial. I think it's pretty up to date. And the plan, if you look at it closely, you'll see that the homes that are to its west each have an attached garage close to

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the property line. and the home to the other side or to the east of his house is the same condition. Uh and if you drive through that neighborhood, you'll find two basic improvements that have occurred with

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this housing. Uh these were post World War II homes. U some have lifted the roof to create a second floor. That's not too common. Most have added back either backyard

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additions or uh garages as proposed here. There is no way of expanding this property to deal with the u reduction in sideyard

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variance. The reduction is uh basically two feet in terms of variance. The neighborhood character, this is really mimicking what is common

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throughout this neighborhood and the original construction being slab. You have absolutely no storage in the basement and the attic areas are limited. So, it's a improvement to the

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neighborhood. It serves a need to this family. Uh when you go through the tests, either the C1 or the C2, C1, there's no possibility of additional lead to cure

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this variance. And the C2, is it a sound planning solution? It certainly is in terms of this household and it is in keeping with the general improvements throughout the neighborhood as shown in this photograph. For those

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who are familiar with the neighborhood when you drive around uh the local streets, you'll see uh attached garages. Uh rarely is there a um garage in the rear yard. the rear

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yards are quite small and to put a garage there basically takes away the utility enjoyment of the property. So my judgment the proposal does

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conform to requirements for C1 or C2 variance. there is no substantial detriment to the zoning plan and particularly when you look at this all the standards that come into play for a residential property in

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this zone there's only one violation and that is the sideyard which is a twoft increment two and a/4t my opinion is that is not a substantial detriment to the zoning plan or the

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neighborhood. And this in fact uh complements and upgrades the neighborhood appearance. In my opinion, we've met our standard for a C1 and C2 variance.

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>> Thank you, Mr. Chrick. Um did you do and I know that you said that it's uh similar situations within the neighborhood. Did Julian do any analysis to similar setbacks within the neighborhood? >> I did not do a survey as a surveyor. I

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did do a ride around in terms of what the setbacks are and they appear to be basically the same as this. Some uh pro some garages appear to be 15 ft. This is

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>> Okay. All right. Thank you. Does the board have any questions, Mr. Chadwick. >> Mr. Chair, Mr. Chabra. Um, so is the both adjacent properties next door, left and right, both have a garage, correct? >> Yes. >> And they're single single story.

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>> Yes. >> Okay. Thank you. Thank you very much. Any other questions, Mr. Chadwick? >> Seeing none. Okay. Thank you very much, Chadwick. >> The applicant rests. >> Okay. All right. So, we will now go out to the public. Anyone within 200 feet of subject site wanting to be heard. If

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you're within 200 f feet, you receive the notice via certified mail. Seeing none, we'll go outside 200 feet. Anyone want to be heard? Seeing none, can I get a motion to close the public portion? >> Motion to close. >> Second. >> Motion made by Mr. Sadata, second by Mr.

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Patel. All in favor signify by saying I. >> I. >> Oppos? Nay. The eyes have it. Public portion is now closed. Council, do you have anything to add before I >> I do not. >> Okay. All right. So, we'll go now and go to the board for a vote for a motion. >> Mr. Chairman, Mr. Jav >> I make a motion to approve this

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application. Applicant will comply with the engine's report if any. Um it is very dimminimous requests. It is not detriment to the neighborhood. There are no objectors. I hope there would be one less car on the street.

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Second motion made by Mr. Dav, second by Mr. Sedata. Roll call, please. >> Mr. Schneider, >> yes to the motion. >> Mr. Jabra, >> yes to the motion. Mr. Patel, >> yes to the motion. >> Mr. Dvet, >> yes to the motion. >> Mr. Sadda, >> yes to the motion. >> Vice Chair Gorman,

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>> yes to the motion. >> And Chairman Gumbo, >> yes to the motion. Unanous approval. Congratulations. >> Thank you very much. >> Thank you. >> Thank you. Have a good evening. >> Madam Secretary, next case on the agenda, please. >> Case number Z9

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2026, Shyan Patel at 20 Deborra Drive. Applicant is seeking bulk and DU variances to construct a first and second story addition with a rear yard deck to the existing single family dwelling. The following standards have not been met. Max F required is 25%

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proposed is 30%. Maximum lot coverage required is 30%, proposed is 376%. Maximum building coverage required is 15%. Proposed is 18.47%. Affected property is located in the RA

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zone, designated as block number 546.18, lot number 19 on the Edison Township tax map. All noticing paperwork is in order. >> Good evening, Mr. SH. >> Good evening, Mr. Chairman, members of the board. My name is Bernard Shy with firm of Convary Conre and Shire uh

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representing the applicant Shrians Patel. uh with regard to uh this application for property located at 20 Deborah Drive, lot 546.18, lot 19 in the RA zone. Uh the uh

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property presently consists of a single family home. Uh the proposal is uh to uh construct an addition with some alterations uh which will require some variances. Uh

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we uh need a floor ratio variance uh permitted uh we exceed the uh permitted F. Uh we also have a variance for maximum lot coverage. Uh 30% is

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permitted. Uh we're asking for 37.76%. Uh also for building coverage, uh 15% is permitted. We're looking for 18.47%. 47%. Uh the uh applicant is here to uh indicate

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why uh he wants to uh put an addition on the home which is presently owned by his father. Uh and we also have the architect Robert Whouse here as well as our planner Mr. John Dupont. Uh unless

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there are any preliminary uh questions, we're ready to proceed. >> Word preliminary questions. >> Seeing none, you may proceed, Mr. Sh. Thank you. >> Uh cool. Uh Mr. Shines Patel, please. >> Okay, Mr. Patel, please raise your right hand. Do you swear or affirm the testimony you'll give this evening as the whole truth?

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Please state your full name for record and give your address, please. >> If you be you could have a seat and speak into the microphone. Thank you so much. >> My name is Shance Patel. I currently reside at 39 Scott AB in Edison, New Jersey. Um, yeah.

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>> Bring it up a little closer to you. There you go. >> Say it again. >> Uh, my name is Shance Patel. >> No, no, it's fine. No. >> Okay. >> Go ahead. Sure. >> All right. Uh, Mr. Patel, uh, who is the owner of the property at 20 Deborah Drive? >> Currently, my father is the owner. >> And who lives there?

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>> Uh, right now my father and my mother live there. >> All right. And uh why uh are you applying to uh put an addition uh on the home? >> Um we my wife uh myself, my now my two

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kids, we wanted to move back in with my parents, my parents have been helping us um raise our kids and now it's just gotten to the point where even though we're close, right, they we were in South Edison, they're in North Edison, it's becoming a lot running back and forth between the homes. So, we decided

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why not all just move back into one home together. >> Just >> Yeah. >> Just one quick question. I again the applicant here is not the owner of the property. Do you have the certification or of or permission? I understand that he's a son, but >> the owner has signed off on the application. Okay. Thank you. He he is

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actually going to be here if you have any questions for him. >> Oh, that's fine. I just want to make sure that's in the record. Thank you. >> Uh so, Mr. Pessa, essentially for family unity, correct? Yes. >> And you all want to stay in the township of Edison?

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>> Yes. I've been here since 2004 and I would like to continue living here uh with my family. >> And how old are your children? >> Um my daughter is three and my son, he was just born a few months ago. He's going to be three months tomorrow. >> All right. Uh I have no other questions

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of Mr. Patel. >> Does the board have any questions for Mr. Patel? >> Seeing none. Thank you very much. >> Call Mr. Uh, Robert W House, please. >> Good evening. Please raise your right hand. Do you swear or affirm the

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testimony you'll give this evening is the whole truth? >> I do. >> Okay. Please uh state your full name, spell it, and give your business affiliation, >> please. Robert C. Wanthouse spelled W A N T H O U S E. I am a uh licensed architect

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since about 1985. Uh been uh in front of this board a number of times. Been practicing in the community for the last 40 years or so. >> Mr. Wan House, your license is current in good standing. >> Yes, it is. >> You may proceed. Thank you very much.

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>> Thank you. Uh Mr. W house. Uh you have been uh hired by the applicant uh to prepare an addition to the existing single family home at 20 Deborah Drive. >> I have. >> Uh could you please uh tell us the present uh situation at that location?

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What's the house like? >> So the uh house is currently a a raised ranch. the the from the front uh it appears to be a ranch, but in the rear

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uh there is a uh a half a level up and half a level down uh where there's some existing bedrooms located. >> And how many bedrooms are currently in the existing home? >> Let me see.

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Um the existing floor plan is here. There's one bedroom downstairs and three up. >> All right. Uh and uh what uh could you please describe the addition uh that is being proposed?

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>> So uh the addition enlarges the family u room. It's a meeting also enlarges the kitchen u a dining area. On the first floor, we created a office

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area and um we extended uh the garage uh to uh uh have a a a twocar garage. It's extra work area in

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the back of the existing garage. And the purpose of all this is to allow uh the applicant and his family to move in uh to the and live as a unified family. Correct. >> Correct. >> Uh now uh the uh floor area ratio

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permitted at the location is 25%. Uh what is the proposed floor area ratio? >> I'll require probably my reading glasses. So the floor ratio required is 0.25

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uh the existing is8 and we are proposing a.32 >> Mr. Whouse if you could just bring that microphone closer to you please. >> I'm sorry. >> No worries. Thank you. >> Okay. >> All right. Uh also uh the uh maximum

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impervious lot coverage uh the permitted is 30%, what is the proposed lot coverage? uh 26.37 >> that's the that's the existing correct >> uh the uh

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>> what is the proposed >> for impervious coverage uh on on this chart that I'm looking at is uh 26.37 building coverage >> build all right

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>> uh the Your question was about lock. You're building your question about lock coverage. Now you're talk. Which one is it though? Let's make sure we're clear on which one you're you're responding to, please. >> And on the building coverage permitted is 15% what is proposed?

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>> Uh 18.47. >> Okay. Uh and uh this is uh all a reasonable increase in your opinion uh in order to make the house suitable for the unified family. >> Yes. So the

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>> into the microphone please. >> The uh can repeat the question please. >> This is all this is all reasonable increases uh on this size piece of property in order to make the house suitable for the unified family. Is that correct?

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>> Yes, it's a it's a moderate addition considering that you the amount of bedrooms and such. And uh the it it will uh the character of the home will will blend nicely in the neighborhood. >> All right. And could you just briefly for the board describe what it's going

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to look like from the outside? Well, it it it'll appear as a a twostory uh residence uh with a a singlecar garage and a a cover entrance to uh to the home.

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>> And will it appear consistent with the neighborhood buildings? Yes, it's uh we've uh we've got a a number of uh dormers and gables that will re reduce

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the uh the height of the house, the look of the height of the house and so it should blend very nicely in the neighborhood >> and and it will comply with all the other bulk requirements of the zone. >> It will. >> I have no other questions of uh Mr. W House. >> Does the board have any questions for

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Mr. Anyone else? >> Mr. Chairman, >> vice chairman. >> Yeah. On drawing EL10 on the proposed block plan on the behind the existing frame dwelling. It says onecar garage.

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>> It is. >> So that's a proposed onecar garage. >> There's an existing onecar garage. >> Okay. and we are uh extending the garage in the back, but it it it's more of a work area for for his hobbies than

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actual parking an additional car. >> You can speak further uh with the homework >> board. Have any other questions? Mr. Whouse, >> Mr. Chair, >> Mr. Sadata. >> Yeah. Uh on this uh application it says

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uh building coverage max is 15% and proposed 15%. But on the this one says 18.47 >> there's a typo there. >> Oh so there's a typo on the floor area

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ratio certification. on the application application. >> That was a that was a typo on the application, not on the the plan is the correct number. >> Thank you, Mr. Any other questions? >> 15.

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>> Mr. Cher, good. I have a question. So, the upper great room, is it open to blow or is it two stories? Um, on your drawing 8100, >> the upper uh great room is a twostory space open to a a family loft area,

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study area. They overlooked it. >> Okay. And your your building coverage is including all your decks and your balconies. Correct. >> That is correct. >> Okay. Thank you. Any other questions, Mr. W

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House? See none. Thank you very much. >> Thank you. Call Mr. John Dupant. >> Mr. Dupont. Uh, please u do you swear or affirm the testimony give this evening is the whole truth? >> I do. >> Okay. Please state your full name and and business affiliation.

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>> John P. Dupant. D U capital P O N T JPD Engineering. Mr. Juba, you've appeared before the board prior. If you could just give us a very brief summary of your background cough. >> Yes. So, I've been the planning and zoning board engineer for the Bur of Carter for the past 28 years. Um, I am a

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licensed special planner as well as an engineer in the state of New Jersey. I've served been for before your board as both a planner and engineer numerous times and all my licenses are still in good standing. >> We will accept you. Thank you. >> Thank you. >> You uh Mr. Dupant. Yeah. You've been

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hired by the applicant uh to provide planning testimony with regard to the application for 20 Deborah Drive. >> That is correct. >> Uh did you familiarize us yourself with the existing condition of the property? >> I have. >> Could you please give the board a brief uh readout?

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>> I will. So the subject property is located at 20 Deborra Drive is situated in the RA residential zone district. The property is presently developed with an existing single family split level dwelling. The applicant's family has lived in that home since 2004.

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The lot contains approximately 15,000 square ft whereas the RA zone requires 20,000 square feet. So, it's existing undersized lot. Consequently, the property has existed as undersized lot for many years as in a non-conforming condition.

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The property is presently improved with a four-bedroom home with three and a half baths and is a single family residence. The applicant proposes to construct an addition to the home to accommodate changing family circumstances. Specifically, the adult son and his

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spouse and children are going to move back in with their parents. The proposed improvements will allow the residents to meet the changing needs of the family while continuing to operate as a single family dwelling. The proposed addition will increase the dwelling from a to a four from a four

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bedroomedroom three bath to a five bedroomedroom 4 and a half bath. No new dwelling is proposed. Just a little clarity on a relief needed tonight is kind of a little chopped up there. The existing lot area is an existing non-conforming condition

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required 20,000 ft. We have 15,000 square feet. The maximum floor ratio allowable in the zone 0.25. The proposed is 0.32. That's the F. The maximum building coverage 15% allowed.

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On the architectural plan, it shows 18.47% which is in fact accurate. And the max lot coverage allowable 30%. Seen two different numbers. On the application, it was shown conforming.

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Sorry, application is shown as 37.67%. The plan show conforming. The actual number is 37.67. We need that relief. >> So I believe we can request the relief can be granted under flexible C2 provisions under MLUL.

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A variance may be granted with the purposes of the MLUL would be advanced by the deviation from the zoning ordinance and the benefits uh granted would substantially outweigh any detriments. Several purpose of the MLO

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are being advanced. Purpose A. The proposed addition permits the continued occupancy of the home by the extended family in a safe and efficient manner, thereby promoting the general welfare of the occupants. Purpose G.

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The proposed facilities facilitates a multigenerational living arrangement which is increasingly common and recognized as an appropriate residential use within established residential neighborhoods. The applicant's family are longtime residents of Edison and like to continue to be so. purpose I the

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proposed addition has been designed as an integrated expansion to the existing home. The architectural improvements will modernize and enhance the appearance of the residence while maintaining compatibility with the surrounding residential component and neighborhood. Purpose M. The applicant

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represents a reasonable modernization and continue use of an existing residence within the established residential neighborhood without requiring new infrastructure or municipal services. There will be benefits associated with this granting of the variances. The

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continued use of the property as a permitted single family residence. The accommodation of a multigenerational family arrangement without creating additional dwelling units. The preservation of family cohesion by allowing elderly parents and children to reside together.

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Efficient utilization of an already developed residential property. Improvement and modernization of an existing dwelling stock within a neighborhood. No expansion or intensity of land use beyond the associated what is associated

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with a single family residence. No adverse impact upon traffic, parking demand, public utilities, schools or municipal services. The additional floor area is necessary to provide adequate living accommodations for the expanded family. The increase in F and building coverage

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and lot coverage are modest when viewed in context with the proposed use and the overall character of the neighborhood. Negative criteria. I have reviewed the proposed development relative to the surrounding neighborhood and can testify that the requested variance may be granted without

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substantial detriment to the public good or without substantial impairment to the intent or purpose of your zoning plan or zoning ordinance. First, the purpose uh the proposed use remains single family detached dwelling which is the principal premium use in

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this zone. No additional dwelling units are proposed. No intensification are associated with this application. Multigenerational living arrangements are becoming intensively common in Edison and represent an efficient use of existing housing stock while preserving the neighborhood.

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Second, although the variances are requested for floor area, building coverage, and lot area, the improvements are designed to function as a logical extension of an existing residence and will remain architecturally consistent with the character of the neighborhood. The addition will appear as an

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integrated component of the home and will not even be visible from the from the street and will still meet the character of Deborah Drive. The proposal will not generate adverse impacts to traffic noise, lighting, drainage or demand on municipal

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services. And fourth, the lot area deficiency is in existing non-conforming condition. We did look at all the lots within 200 ft of our property. There are 15 and 15 are unders sized. And finally,

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these deviations are not so substantial as to create a development pattern inconsistent with the surrounding neighborhood or the overall purpose of the RA zone. And due to the design, the addition will not be visible from the front of the property. Accordingly, it is my professional opinion that the requested relief satisfies both the

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positive negative criteria. And I respectfully recommend that the board grant the bulk variances and F. >> I have no other questions of Mr. Dupont. >> Mr. Dupont, if so approved, um you would agree to submit a new variance application, a new F certification based

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upon the um plans and the numbers that you testified to. >> Absolutely. >> Okay. All right. >> And and also along with that, if I may, you Mr. Want house will will provide revised architectural plans showing the correct and previous coverage. >> Absolutely. >> Okay. Thank you.

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>> Does the board have any questions for Mr. Dupont? >> See none. Thank you, Mr. Dupont. >> That's the applicant's case, Mr. >> All right. So, we'll now go out to the public. Anyone within 200 feet of subject site want to be heard? If you're within 200 feet of subject site, you receive the notice via certified mail.

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>> Seeing none, we'll go outside 200 ft. Seeing none, can I get a motion to close the public portion? >> Motion to close. >> Second. >> Motion made by Mr. Sadata, second by Mr. Schneider. All in favor signify by saying I. I >> oppose. Nay. The eyes have it. The public portion is now closed and I'll go to the board.

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>> Mr. Chairman, >> Mr. Dav, >> I make a motion to approve the application. The board recognizes it is an undersized lot. The board also recognized the family hardship of taking care of the children uh young children and the family and need a bigger house.

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Um it is not detriment to the uh neighborhood. This application is not out of character with the neighborhood. Um applicant has met all the negative and positive criterias. The use is not detriment to the public good and public safety. This motion will invert all of

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the testimony of the applicant attorney and the members of the board. And I'll just add that the applicant agrees to submit a revised variance application as well as uh F certification and updated uh architectural plans.

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>> Okay. Motion made by Mustav. >> Second. Second by Mr. Chabber. Roll call, please. >> Mr. Schneider, >> yes to the motion. >> Mr. Chabra, >> yes to the motion. >> Mr. Patel, >> yes to the motion. >> Mr. Det, >> yes to the motion. >> Mr. Sada,

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>> yes to the motion. Bier Gorman. >> Yes. In a motion. >> And Chairman Gumba. >> Yes. On the motion. Unanous approval. Congratulations. >> Thank you very much. >> Thank you. Board will take a fivem minute recess. >> What is this? Oh, this is board will return to session. Madam

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Secretary, Nick's case on the agenda, please. >> Case number Z37205, Elite Enterprises at 764 New Dham Road. Applicant is seeking bulk ND use variances to demolish the existing 391 square foot building and four pumps on

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site and replace with four new pumps and a 2,820 ft convenience store along with associated site improvements. Standards have not been met in accordance with the master plan. Affected property is located in the RB zone designated as block number 57.02

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lot number 12 on the Edison Township tax map. All noticing paperwork is in order. Good evening, Mr. Tuvel. >> Good evening, Mr. Chairman, members of the board. Um, Jason Tuvel, attorney for the applicant. Um, as the board recalls, we were here several months ago. We we presented a testimony from our civil

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engineer and our traffic engineer. And just brief summary or overview, the goal here is to redevelop this site, which is an existing gas station that's located at the intersection of two roads. redevelop it by adding a convenience store. Reconstructing the intersection

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that we've worked on with the county to create safety improvements both for vehicle and pedestrian access. Also reconstruct the driveways on the property that are now flush and wide open, reduce impervious coverage, improve storm water management, and also

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add additional landscaping and buffering to the property. So, if the board recalls, and I know the board hears a lot of cases, and several months have gone by, we were only able to get through um civil engineering and traffic engineering, and the public did not have a chance to um comment or ask questions.

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The board had some comments and questions about the application that we wanted to be responsive to that we did look at. What we would like to do is if it's okay with the chair and the board is hear from the public regarding their comments and questions regarding the application and if we can incorporate

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some of those and be responsive to some of those comments, we would like to then make a resubmission to the board addressing those both the board and public concerns to the best that we can and then go forward from there. So that was that was what I was hoping we could achieve this evening.

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>> Mr. Magleta, I just wanted to make sure that uh just run this by you just make sure that it was okay. >> That's that's fine. They can certainly um take that take their application and revise it based upon public comment. There's nothing there's nothing inappropriate with that. >> Okay. All right. So

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>> So Mr. Chairman, I have my both witnesses that I presented at the last meeting, Mr. James Henry, our civil engineer, Nicholas Verdesi, our um traffic engineer. They're both here. they could both attest that they acknowledge that they're still under oath and answer any questions that the

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public may have or the board while we're discussing it and then again we hope to be responsive and try to make a resubmission that addresses the board and public comments. >> Okay. All right. So, we will now go out to the public. We will start within with residents within 200 feet of subject site. If you're in 200 ft of subject

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site, you received a notice via certified mail. Um I went through the ground rules at the beginning. So, residents will receive six minutes. um to speak question. So the board requests that you ask questions at the beginning of your presentation. So um you may ask

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questions of the applicant, the applicant's professionals. Once your um questions go into opinion, uh your timer will start. For example, if you ask a question of the engineer and the engineer responds and you say, "Well, I don't agree with that." Well, you just

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gave an opinion, so your timer will start. Um given that there is a uh robust amount of public here, we ask that you not be redundant. So if one someone comes up and says,"I oppose this application because A, B, and C." Um you could simply just come up and say, "I

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oppose this application. I I I oppose this application. I agree with my neighbor on points A, B, and C, and I add points D, E, and F." Um just this way we can kind of keep things flowing. We don't have to be redundant. Um we are all a volunteer board. We are here to

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hear you. Um, and we will do the best we can. So, with that being said, uh, anyone within 200 feet of subject site want to be heard, please approach. >> You have to go to the microphone. I'm sorry. >> Yeah. >> Before we begin, can I give you these

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exhibits, >> council? >> Well, that's a document does doesn't can't testify. So, the answer is you can read from it, but prepare sending it out as though that's testimony is not appropriate. >> No, no. We just want you to refer to these when we are speaking. These are

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just exhibits. >> Well, if they're exhibits, why don't you hold off and then as you're speaking, you can you can tell us what they are and we'll determine whether or not whether it's appropriate. >> Okay. >> The six minutes timing he's asking. >> Who's gonna get the time? So, the

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secretary actually does does monitor the time. So, I know council meetings uh do they do have a timer. We're not as fancy as council meetings. They're paid. We're not. Um so, you you're going to have to keep your own time, but um the the way the the board time on the chair is going to work is that the secretary is going

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to keep the time. The way we've done it for as long as I've been here, and we're not going to change that. So, you may proceed. >> And and excuse me, sir. Um I don't know if you ask questions or or testify, but I just want to swear everybody in when they come up just so that the record is is clear. Please, please raise your

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right hand. Do you swear or affirm the testimony you'll give this evening is the whole truth? >> Yes. >> Yes. Please state your full name and spell it for the record. And then >> my name is Vijay Achenta. I live at 421. >> Speak to the mic. >> Yeah. >> Okay. My name is Vijay Aanta. I live at

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421 Dan Avenue, New Jersey. >> Could you spell your last name, please? A C H A N T A. >> Okay. >> A C H A N T A. >> Okay. If the if with the chair's permission, please proceed. >> You said just just because I didn't hear

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you said 431 Durham. >> 421 Durham. >> 421. Thank you. Thank you. >> Yeah. Right. Right next to the gas station. >> Yeah, that's fine. Thank you. >> Okay. >> Good evening everyone. My name is Vijay Achetta and I I live directly next to the for uh next to the cell gas station

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that is 421 Dham Avenue. I can see this gas station right from my front door. And I'm here tonight to tell this board clearly on the record what this application actually is because the application did not tell the story. This is not a renovation. This is not an upgrade. This is not a renovation. This

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is not an upgrade. The applicant is proposing to tear down structure of that corner, every wall, every canopy, every pump island and replace it with a brand new 2,800 820 ft² convenience store. This is

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bigger than most of the homes in the neighborhood. Okay. And under New Jersey law, when you demolish and when you demolish an existing use and building and build something new, you need the highest level of zoning relief that exists. It

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is called D1 variance. The New Jersey Appalate division was explicit about this in the Sadala case. Tear it down, build something, need, you need a D1 full stop. And a D1 variance has two parts. The applicant must prove that there is a genuine public benefit

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not just profit for themselves. And when the case when the applicant presented the case, I did not see any benefit. What are the benefits that whatever they presented can be done without the convenience store too if at all they want and they must prove that this will cause

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no substantial harm to the neighborhood. That was also not proven. Their own planning consultant said that it needs two div variances, one for the gas station and one for the convenience store. Their own experts said that and they cited a future zoning district from

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a 2024 master plan recommendation. A district that Edison Township has never enacted, never even voted on, or never made it real. A zoning district that does not exist is not a public benefit. It is not a legal basis for anything.

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>> I'm sorry folks, just so you know, I did say during the beginning that there's be no no applause, no booing, no interrupting anyone. Please allow the gentleman to speak and give each person speaking the same courtesy. >> Okay. >> Thank you. >> I also want to also want the board to

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know that this very board denied a quick check application at 425 to 431 Planefield Avenue in 2022. Case Z152022. Quick check is an established operator. That site was planned in a planned

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business zone, a more permissive zone than this one. That applicant was denied. This applicant is new. This site is residential. If Quick check did not qualify, Ali Enterprises should not qualify.

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And I have a few questions for the board and the planners for the applicants. I was just going to I was just going to mention um and I know that you know these these meetings every everybody's not used to these meetings all the time. We didn't have our planner testify yet.

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It was our civil engineer and our uh traffic engineer. So that's fine. We will have our planner we will have our planner testify um later. So items about the master plan and the criteria that you cited earlier, we will address those during our planning testimony.

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So again, shouldn't the case >> Oh, sorry. Please do not shout from the audience. Okay. Please, if you have a question, you come forward. Please do not yell from the audience. It's disruptive and not respectful of the applicant or other people in the audience and the board. >> In all the cases so far, what we have heard and what I have heard in the past,

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the applicant has completes their case and we get to question ask the questions. Now we are giving an opportunity for them to take our questions and then come prepared and then try to convince this board which which I think is not fair. Okay sir just whatever they put on the

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record beyond this. So if you the public's going to have an opportunity then they're going to go as as Mr. Duvel stated they're going to go back and possibly revise their plan and then resubmit and may possibly resubmit. So you anything that any testimony that

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they give beyond the closing of the public portion, they'll go to the public again. So you're going to have two opportunities for the public to to to speak. So it's not this this is not you're not at all limited. They're giving you two multiple opportunities for you to speak

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and that's that's within the miscellaneous law. >> Okay. So I have a few questions. The applicant's planning consultant confirmed in writing this application requires a D1 use variance. The experts

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expert said that can the board identify from this record tonight any specific benefit this convenience store provides to Edition Township. So what I'll do to answer your question is I'll have our civil engineer and traffic engineer speak to that from their disciplines and

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they can give you their opinion as to what benefits from a civil engineering perspective and a traffic engineering perspective >> with a con I must talking specifically about convenience store what benefit the convenience store will add I'm not talking about you know other

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modifications that you are proposing modifications are a byproduct your primary goal is the convenience store, >> right? >> Right. >> No, I mean it's the whole >> No, no, tell me what is what does the convenience store add value to the residents?

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>> So, I would then I would wait for our planner to testify about that. >> Thank you. Okay. >> Right. and also the New Jersey appate division held in Sadala versus East Bronswick. The demolishing a prior non-confirming

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use and constructing a new require and and constructing a new one requires a D1 variance. The application is demolishing the applicant is demolishing everything and building everything new. Is there any legal argument in this record that distinguishes this from

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Sadala? The Sardala versus East Bronswick case is are you aware of it? >> I'm aware of the case law on D2. >> May I just interrupt for one moment here is also referring to another point you made previously. Each application is unique upon itself.

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Right. This this application will rise and fall on its own merits. What happened in a different case you can make similarities to it but it's a separate application and it is not it's not binding on this board. It's not it's just so you know. Okay. That's I just want to put that in there so you have a sense of that. Thank you.

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>> Thank you. But my question was is there any relevance? Did anybody look into this? That was my question. But yeah, I got your point. >> Okay. The board denied the quick check application at 425 431 Planefield Avenue in 2022. A more established operator in

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a more permissive zone. Can the applicant explain on the record what makes this application stronger than one this board has already denied? We don't have to do that. We just have to demonstrate under the Medici case why we meet the criteria. And >> again, it's a separate application. It's

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unique upon itself. Thank you. >> Okay. And irrespective of all the technicalities, all the rules and everything, right? I just want to show some things which are the facts which are happening on the ground. Right? What is the current status?

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I got some pictures. >> Okay. Um, you take those pictures. >> Okay. Show them to Mr. Devel first and then you can >> who? To me, >> sir. I'm going to let you finish on the picture since you started on this, but your time is up. Just so you're aware.

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Some of the pictures which shows how the site is the picture which shows how the site is maintained managed today. >> And you took those pictures correct? >> Yeah. >> What date were those pictures taken? >> So I took on the day when uh the first hearing was there that was on May 12th

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this and then I took the yesterday the pictures. >> Okay. >> So just just so we have to be No, no, no. I'm not I'm not objecting. I just want to be clear. Yeah. >> So the you have um you have the the date and the time in the top corner. I see that on the pictures.

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>> If that's the case, that's fine. >> So I'm just saying that that's when you took them. That's okay. And then where you have the Google Drive at the bottom, it's not from Google Earth. You actually took the picture and just saved it on your on your Google Drive on your phone. >> On the phone. >> Okay. Okay. >> All right. Great. Thank you. All right.

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>> And also last point, right? The last point is I have taken a picture of the traffic on the weekend. How many cars are parked there? how they are parked in parallel parking and when this convenience store comes here who is stopping who is monitoring that they don't park the cars in front of my house

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doing this as it is there is no uh as it is when there is no convenience store that's how it is traffic risk today or that's how the number of car the only parking spots that are available is two or four but people just come in park there and do whatever they want >> you're sir you're talking about the

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existing right yes not the proposed >> no Okay. >> Okay. Could you please bring those up and we'll mark those? 01 and O2, I guess. >> Uh, >> how many are there? >> Um, hold on. I'll tell you. Right. How many pictures are there, sir? It looks like there's about six or seven. >> Yeah, I think so. Okay. >> All right. Well, >> you can mark it one

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>> 01 as a packet, right? >> Yeah, exactly. Yeah. Thank you. Give it to Rachel, please. All right. Thank you, sir. Anything else? >> One last point. One last point I want to add. So, sorry about that. >> Okay. I have read through all the opera records from Opera, whatever the things is.

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I have read through all the OPRA documents that have come through. I have read through the safety uh reports that has come through. I have read through the police report whatever it is. But I personally want to say that I had two burglaries in my house.

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It is not covered in any of the report. When there is no convenience store where people don't stand or the traffic comes in and traffic goes out, I had two robberies in my house. I don't want to live in a community in a residential

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area where I have threat. I cannot live there peacefully. That's what I want to say. >> Thank you very much, sir. Okay. Next person within 200 ft. Folks, you are reminded that there will be no applause, no booing, no cheering of any Sorry, sir, I'm speaking. There's going to be

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one person speaking at a time. You'll have your opportunity to be heard. Also, if you have any questions, you the the folks residents are reminded, please ask questions at the beginning of your testimony um prior to giving an opinion uh so that does not count towards your

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time. Ma'am, please raise your right hand, please. Okay. Do you swear or affirm the testimony you'll give this evening is the whole truth? >> Yes. >> Please state your full name and spell it for record and your address, please. >> Sure. My name is Kathy Miro. Kathy with

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a C. M I R O I live at 420 Dorm Avenue directly across from the gas station. >> Good evening. Thank you. So, thank you so much. Just a reminder to speak in the microphone. Um and you may proceed. Thank you so much. >> Um I was asked to speak about traffic and pedestrian safety because we're all

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concerned in our neighborhood. >> Microphone. >> Okay. Thank you very much. I appreciate it. >> Good evening again. My name is Kathy Mero and I drive through the intersection of New Dorm Avenue and New Dorm Road every single morning. I work in Scotch Planes. That's the way I go. I

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sit in traffic. I watch it back up. I can't even get out of my driveway as things are now. Okay. I need the board to understand what a service F means in in this situation. Uh level F is uh not a grade. It's just not bad. It means the

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intersection has already exceeded its capacity. It means drivers coming down southbound and Dorm Avenue wait an average of 250 seconds over four minutes uh just to make a turn every single morning before the store opens before a single new customer is going to pull in

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for coffee and newspaper. This is already going on. This is already it's already bad. The applicant's own traffic study submitted by the applicant to support the application of miss the intersection already fails. and the same study and the same study proposes to add

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hundreds and additional vehicles per trip that to an already failing corner. There are three specific safety failures in the engineering record that have been fixed that haven't been that have that have never been fixed. Number one,

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there's no loading zone on this site. A 2820 foot convenience store gets multiple deliveries every day. Bread, cigarettes, those trucks have to go somewhere. There's nowhere. So if they stop on New Dorm Road or New Dor New Avenue, Dorm Road, this uh is a big

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road. Trucks blocking it create, you know, problem. You can't The deliveries they said wouldn't wouldn't interfere with our lives, but they will because you can't know when a delivery comes if it's backed up. I can't even get Amazon on time anymore. So these these trucks

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are going to be coming and going. And I I live across the street and you you know I and when I was here last time everybody talked about the good in the neighborhood. It's good for the neighborhood. Neighborhood doesn't think it's good. I've been here since I'm seven years old. I graduated JP Stevens.

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Okay. I lived on Yolanda Drive. I love the neighborhood so much. It's such a great neighborhood. I moved around the corner so I could take care of my mom and dad and I'm at 420. It's already hard. We have now an apartment building that's Matuchin, but

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it's on my street and they have 255 people moving in there. That's all going to funnel through for 287 as well. We don't need another convenience store. You want to upgrade the the the Shell station. I used to go there when the Smolder's brother owned it and the milk

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machine was there. I get it. It's old, but not a convenience store. We already have problems with the red roof down the street with a lot of nasty stuff that goes on. And now this is bringing more people. It's not a destination. It's a destination now. It's not a stop like

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gas. And I I don't want to I don't want that in my neighborhood. I I love my neighborhood. Like I said, I'm old. I went to JP Stevens when the dinosaurs roamed. Okay. So, this to me is is it's a desecration of where I live. I love

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where I live. I love it. It's convenient to the store, you know, the shore and Pennsylvania, but you're going to come in, you're going to put this store and it's going to uproot what it is. It's a it's a really good neighborhood. My neighbors are wonderful. We're all friendly. We help each other. I'm an animal lover. They stop by my house. I

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pet their dogs. And this is going to change everything. I wanted to read all the statistics, but I'm talking to you from the heart, from where I live. Please don't do this. Would you want a convenience store across from where you live? Honestly, would you want that? Nobody wants that. So, I'm begging you

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to please consider they want to do some upgrades on the Shell station. Fine. You know, we live through a lot of upgrades. We lived through a lot of a lot of changes in our area. Two houses go down. They're building 10 houses there right across on the other side of Dorm Avenue.

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Two houses went down on New Dorm Road. One house went down. They're building two house. It's getting more and more congested. So, I guess I'm just asking you to really consider to save our neighborhood. I don't know if that means anything to anybody there. Sometime I've

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never been here before. I never come for anything. I always feel that a lot of things have been predecided before you come here and protocol just is to please everybody. But at this time, this this hit me in the heart. So, I'm just going to ask you to keep our neighborhood the

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good the good wonderful neighborhood it is. Don't bring any more people. don't bring any more traffic. There's 11 or what they say there's going to be a certain amount of spaces. So, if there's 11 spaces and then there's some other spaces and then 15 people want coffee instead of the 11 spaces, are they

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parking on my street now? I can't get out of my driveway as it is. I got to leave for work 15 minutes early to make sure I'm not late. I work in a salon and you know how crazy women are when you're late with their hair. So, I'm just saying just please think about it before you pass this because this

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neighborhood's a wonderful neighborhood. Please don't ruin it. Thank you very much. >> Thank you very much. Next person within 200 feet. >> Hi. >> Hey. >> My name is uh >> Hold on. Do you swear affirm test this evening is the whole truth? >> Yes, I do. >> Yes, please continue.

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>> Hi, my name is Randall Sana. R A N D A L L. last name Sana. S A L D A N H A. I live at 778 New Durham Road. Uh firstly, I do agree with uh my neighbors who live at 420 Durham Avenue and 421 Durham

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Avenue. Just to add to Kathy's point, I'm right at the intersection of Durham and New Durham. So living at 778 for me taking a left going towards Matuchen is like a 12 round boxing game. honestly

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every day. Uh unfortunately, there has never never been any kind of traffic impact done to the houses that are right on the cusp or the entrance of 287. For me, as Kathy said, if she has to leave 15 minutes early, I got to leave like 30

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minutes early just to take a left, just to get into Matuchen, which is like a 3minut drive. So, that's not the point. But I do agree with them with the traffic, the kind of uh the kind of folks that are now going to come there. It's going to become a destination. Nobody's just going to come grab a cup

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of coffee and go. People are going to come, they're going to have a smoke, they're going to drink a coffee, and then go. So, it's going to be a destination. But my third point today is about the environmental impact. Uh the site has underground fuel storage

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tanks for decades and decades of fuel fill operations, fuel lines in the soil. Every environmental engineer will tell you the same thing. Gas stations are one of the leading sources of soil and groundwater contamination in the

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country. The UPS, the US EPA says a single gallon of leaked gasoline can contaminate 1 million gallons of groundwater. one gallon, one million gallons. So, the applicant wants to demolish the entire site. That means

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excavating. That means disturbing whatever's in the ground. If there is contamination down there and at a decades old gas station where there will be most likely, digging it up mobilizes it. It spreads into the soil, into the

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water, into the yards and basements of everyone nearby, including mine. So there's one point that I definitely want to bring up. The board's own engineer required an environmental impact study. They required the first

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letter was sent out Feb 5th 2026. Then there was an amended letter that was sent out again in February and a third one in March 2026. Three times. But that study has never been submitted. Not a single page. The board does not

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know what's in that ground. the applicant does not know or if they do they're not telling us. So there's another problem. The board's engineer found that the proposed building currently sits directly over a

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1961 sewer easement running through this property. The building physically conflicts with existing underground infrastructure. That was flagged in February as well. It was flagged again and again and again. Has the building been moved? No. It

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still sits on top of that sewer line. We're not asking for anything extraordinary. We're just asking this board to require the environmental study and its own engineer requested three times before anybody votes. My family's health, our family's health, our

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neighborhood's family health depends on it. Our water depends on it. Please deny or table this application until we have those answers. Thank you. Thank you very much. Next person, resident within 200 feet. M >> Mr. Chairman, that that gentleman brought up a couple good point about the

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environmental. Could we just address it? >> Sure. >> Okay. >> So, the concern about the environmental, we understand that this will actually be a benefit to that. Um, and I'll explain why. I'll let Mr. Henry who testified at the last meeting explained and he went

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over the environmental history and summary of the current conditions but and he'll also explain that the D has been monitoring this with the applicants consulting but if there is any groundwater contamination or any soil contamination beyond what's already been

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remediated we'll have to clean that up so that actually will be a benefit so that will be removed but I don't disagree we have all the environmental um data if the board wants to see that we're more than happy uh to provide it. Jim, do you want to just give an overview of of where the the the

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>> And also before we begin, I just remind you are under oath. Remain under oath. Okay. Thank you. >> So, just to be clear, Jim, you acknowledge you're still under oath and your license is still current and in good standing. >> Yes. >> Okay. Thank you. >> All right. >> Uh so before the before the meeting, um the last meeting actually, I spoke to

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the LSRP of record on the property. indicate what >> explain LSRP is what they're responsible licensed site remediation specialist >> and just so public understands it's an independent um environmental specialist who comes in who has a license and they come in and they review all the

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environmental studies and make sure all the testing is done and any any remediation is done and their license is on the line and they report to the state whether or not the applicant has done what they are legally required to do. Is that fair assessment? >> And that's and that's also public record as well. >> That's also public record. Okay. Thank

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you. Okay, please continue. >> Just Yeah, just give an overview of where the property is today and what's transpired. >> Sure. So, there was a so site remediation group uh issued a report dated November 14th, 2025. A remedial action report was issued in 2013 for the

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site uh which allowed for natural attenuation to take place. And what natural attenuation is uh for the board and for the public is that it any contamination that might exist on site will naturally degrade over time. Um, so there's groundwater monitoring that occurs that the LSRP does over a period

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of time and then that and then he submits those samples to the NJP. So there's a record that it slowly is dissipating over time any contamination on site. Um, we can submit that report. Um, but the the basically there's a remedial action report issued with B

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basically sets up a program on the monitoring that is required to take place >> and the other thing >> and that gets approved by the state. Correct. and that gets approved by the state. And the other thing about the about the overall site is the tanks that are in the ground, we're going to be removing them. We're going to be installing state-of-the-art double wall

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fiberglass tanks. So, the way that works is there's two walls inside the tank. If there's ever a crack or let's say something gets into it, a root or something goes into the tank, an alarm goes off. There's an alarm built into the system and then they're im immediately required to remove the tanks

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and fix it. whereas the older tanks which typically were metal and and were installed, you know, in the 70s and 80s didn't have that. So, if there was ever, you know, root or something that went into the tank, you had no idea. So, um, so that's that's kind of I just want to a lot of people reference gas stations

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being dirty and that sort of thing, whereas now with the the new technology, it's not that's not not so much. >> And that would be a benefit from in your mind from a civil engineering perspective. >> Yes. Correct. >> And if the board would like, we're happy to submit the documentation that Mr. Henry was just um referencing.

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>> Uh yes, please do. >> Okay. >> Thank you. >> You done, Mr. Duval? >> Yes. >> All right. Good. Thank you. All right. Next me me me me me me me me me me me me me me me me me me me me me of the public within 200 f feet. >> Okay. Raise your right hand please. Do you swear or affirm the testimony you will give this evening is the whole truth?

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>> I do. >> Okay. Please state spell your full name and your address please for the record. >> My name is Raguram Rayasam. R A G as in George. H U R A M. Last name R A Y A S A

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M. I live right across the gas station uh to Yolanda Drive, Edison 08817. >> Thank you sir. You may proceed. >> Thank you for answering the previous question about the environment. We are okay with the gas station but not with the convenience store. Uh let me start

420
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my uh to be completely honest uh I'm very shy person. Public speaking uh does not come easily to me at all. But I'm standing here tonight because my entire future is at stake. My lifelong earning, my home, my children,

421
02:29:43.520 --> 02:30:01.520
my children's future are all on the line. Everything we have built depends entirely on a yes or no from the zoning board tonight. My bedroom window faces this gas station and uh in the previous meeting the applicant uh was simply not truthful

422
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with this board. They claimed the gas station used to be open 24 hours 24 + 7. We have our neighbors here who have lived here over 20 years who can testify that is completely false. Am I right?

423
02:30:17.680 --> 02:30:34.560
>> Yeah. Thank you. Furthermore, their site engineer claimed there would be there would be no light spillage onto our homes. But there is a proof. They we're just taken by their words, but there is no proof. No lighting expert has justified. No professional lighting studies have been

424
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admitted into the evidence. There are they are asking uh they're asking you to just take their words for and uh while our bedrooms are flooded with light. >> Before you continue, sir, >> no. I was just going to say if you had a question about the lighting plan.

425
02:30:51.120 --> 02:31:07.120
>> I will ask the question at the end. I'm just talking now about my points and uh we can go to the questions at the end. >> Okay. >> Thank you. >> The engineer also claimed their se improvements would benefit. Currently there is no flooding problem attributed to this site. How can they

426
02:31:07.120 --> 02:31:23.520
claim to fix problem that doesn't exist without producing uh any proof or any data? And uh what about the constant humming noise from commercial vacuum and air pumps uh right next to our properties? What

427
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about the environmental impact? They have provided zero environmental studies regarding fuel spillage. They my friend already my neighbor already spoke to that. Uh I want you to look at she scale of what they're trying to force into our

428
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neighborhood. My entire property is under 1,400 ft². But this convenience store right opposite to my house that it is 2,820 ft is so huge, more than double the size of my home. How can you allow a commercial building of that massive

429
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scale to sit right in our quiet RV residential zone? I want to ask each of you on board to um truly put yourself in our shoes. Will you be okay if your own child is waiting for a school bus and strangers are loitering or smoking right

430
02:32:10.720 --> 02:32:28.280
in front of them? Will you be okay if some uh something happens to your kids crossing the street because of the heavy traffic generated by an unneeded store? Will you be okay if your health is ruined because car headlights are flashing directly into your bedroom?

431
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This property is only 3 acres. Every homeowner here has to strictly follow Edison's residential zoning rules. Why is commercial applicants allowed to bypass those buffer rules right next to our homes? This project threat to threat

432
02:32:43.760 --> 02:33:00.479
to our kids, ruins our sleep and brings zero proof of safety. This is substantial harm. I am asking this board to protect the family who actually live here. Please reject this application. Please say no to this variance. And I have few questions to ask on lighting.

433
02:33:00.479 --> 02:33:14.479
Uh your engineer testified that there will be no light spillage onto essential property since no licensed lighting expert has testified and no formal lighting study has been submitted into evidence. What's scientific proof or

434
02:33:14.479 --> 02:33:32.080
data are basing this claim on and I have few more questions. Um I can go all at once or I can wait for your answer for this. >> Do you does the chairman want them to answer ask all the question? >> So the problem is if they you stop for them to answer questions it's going to eat into your time. So eventually you're going to run out of six minutes.

435
02:33:32.080 --> 02:33:49.120
>> So which is why I said multiple times to ask your questions prior to your commentary. >> Okay. So >> why why don't we do this? Why don't you ask all all your questions and then I'll have Mr. Henry or Mr. Vertoi respond. >> Sure. Thank you. Okay. No problem.

436
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>> On the se >> first one was lighting, right? That was the first one. >> Mhm. >> Okay. Go ahead. Go ahead with the next. On the se and flooding, you testified that your proposal se improvements will benefit our neighbor since there is currently no flooding problem attributed to this site. What specific engineering

437
02:34:04.240 --> 02:34:20.880
data proves this change is benefit rather than an environmental hazard on noise. What are the exact decibel levels of commercial vacuum air pumps and what measures are being taken to shield residential homes from the constant low frequency noise?

438
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And on zoning and driveways, one side of this site faces an industrial zone and other faces our residential neighborhood. Why is the traffic flow and main exit directed towards the quiet residential side where our family lives instead of the industrial side?

439
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>> Thank you. So Jim, why don't you address the um the neighbors first two points I guess or questions regarding lighting and storm water. >> Sure. Uh the the first comment about the lighting, we did submit a professional lighting plan and that's sheets 11 of 28

440
02:34:55.200 --> 02:35:11.359
uh where we did provide that to the board for review. Uh we we modeled it and we have zero foot candles at the property lines. We can take a look at it and see if we can reduce it further. Uh that that'll be part of our next, you know, iteration that we're looking at, but we are zero foot candles at the neighbor at the residential property

441
02:35:11.359 --> 02:35:28.640
lines. Um the the second item um was regarding drainage. I mentioned we're we're reducing drainage. Reducing drainage reduces flow off site which helps with you know any sort of storm water or any sort of rainfall, any sort of localized flooding that occurs. In

442
02:35:28.640 --> 02:35:44.160
addition, it also helps with water quality. The less impervious, generally speaking, the less contaminants that might might be able to get into storm water. Um so that's that's a very common thing that we we use in land use as far as a benefit. As far as noise from the

443
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vacuum, I believe we testified as part of the previous application that we were going to remove the vacuum. Uh being that I believe some of the board members and some of the public had had uh comments about it. So, we have we we're going to agree to remove it, the air and the vacuum. Um and then

444
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>> the last one was the last question was about the location of the driveways. Do you want Nick to take that or >> Yeah, I'll let I'll let the traffic engineer Nick take that. Uh, Nick, you acknowledge you're still in the roast? >> Yes. >> And your license is still current and good standing. >> It is.

445
02:36:21.920 --> 02:36:38.240
>> Just identify yourself again. >> Nicholas Verdesi. Ve Res. >> And you heard the the gentleman's question about the traffic flow. >> I did. Okay. Um, I looked back at our traffic counts. Um the majority of the

446
02:36:38.240 --> 02:36:55.120
traffic is actually oriented to to New Dorm Road. Uh about 75 to 80% of the traffic currently utilizes that. We anticipate it to remain uh the same. >> Okay. And also there were I think there was a previous question about the

447
02:36:55.120 --> 02:37:10.399
intersection and I know you you testified um at length at this but do you agree that or was it your opinion that the improvements being made to the intersection are a substantial benefit from a safety perspective to the area? >> Yes, safety as well as capacity

448
02:37:10.399 --> 02:37:31.040
operation of the intersection. >> Okay. Thank you. >> Welcome. >> Thank you very much. Next person within 200 ft. Sir, >> hi. Good evening. >> Do you swear or affirm the testimony you'll give this evening as the whole truth? >> Yes. >> Please state your full name for the record. Spell it and your address.

449
02:37:31.040 --> 02:37:48.240
>> Sure. My name is Rahul Davin. R A H U L D H A W A N. I'm a resident of 419 Dam Avenue. Good evening, chairman and the members of the zoning board. As I said, my name is Rahul and I stay on 419 Durham

450
02:37:48.240 --> 02:38:04.479
Avenue. I'm here tonight to strongly oppose the request to permit a convenience store in our residential RB zone. Let me be entirely clear. This hearing is not about a debate whether convenience stores are viable businesses. The question before the

451
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board is whether this specific location is appropriate. It's absolutely not. Our neighborhood is zoned residential for a vital reason. Families purchase their homes here with reasonable legally backed expectation that township would

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protect their character, safety, and quality of life of this Durham community. Approving this application does not just weaken that promise. It completely shatters and betrays it. Look at where this project is being aggressively squeezed. right

453
02:38:36.640 --> 02:38:51.439
between the two heavy traffic corridors, Durham Avenue and New Durham Avenue, converging near the highfrequency exit tree of Route 287. This is already a location notorious for accidents, risk, and also for traffic

454
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violations. To be very clear, 20 days in a month out of 30 days, there's always a traffic car flashing red lights out there. I don't know where the traffic coalitions and the data that's coming out but I will ask ask the questions towards towards the end. Unlike a

455
02:39:08.720 --> 02:39:25.200
standard gas station where the customers fuel up and immediately leave the convenience stores operates as a high intensity commercial destination. It thrives on relentless high high volume flow of traffic making short duration stops by taking dangerous abrupt and reckless maneuvers throughout the day

456
02:39:25.200 --> 02:39:41.359
deep into the night given the geographic location of that triangle over there. This proposal guarantees a surge of idling vehicles, heavy delivery trucks, ambient noise and later. Today it is just a gas station. Tomorrow with a convenience store it will be a vaping

457
02:39:41.359 --> 02:39:57.600
smoking joint and you never know it is in future with a push for the liquor license. It can become a perfect hub for antisocial behavior and crime with immediate easy escape access via route 32 route 287. This is not an emotional speculation.

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Allowing a convenience store in a residential zone is a predictable land use nightmare which none of the zoning board members would also want next to their homes. Then why us? Zoning boards are tasked with the risk management and proactive protection. You cannot ignore

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the hard data and research documents which are publicly available regarding what such an action brings to Darham neighborhood. The Radgus University study which is very popular. You can go and check it. It's on internet. Recent peer-reviewed research proves that the crimes, specifically robberies,

460
02:40:28.399 --> 02:40:44.399
aggravated assaults, and gun violence, are significantly more concentrated around the convenience type stores than most other nearby commercial use locations. The Atlantic City case study reddus researchers and the Atlantic City Police Department found that these specific operations train public

461
02:40:44.399 --> 02:41:01.439
resources so heavily that relentless targeted police interventions are required just to keep the robberies down to around such joints. The US Department of Justice, federal data has long established that the exact format proposed here, extended hours, gasoline service, large parking areas, easy

462
02:41:01.439 --> 02:41:19.120
access to highways, creates a disproportionate and severe risk of robberies and public nuisances. If these 27 variances are approved, I fear this convenience store parking lot will become a perfect permanent parking spot for Edison's newly acquired MRAP

463
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mind resistance ambush protected military vehicle which the Edison Township Council recently approved. Is that what we want next to our door? No. A commercial use so volatile that it requires a military grade policing? I

464
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don't think so. Introducing a non-documented crime attractor into the quiet residential area zone introduce an unacceptable avoidable dangers to our home, our families, our senior citizens, and our children. If the applicant intends to mitigate these dangers, their

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actions display a shocking and arrogant disregard for this community. The board's own engineer in the later dated March 26, 2026 explicitly mandated under section 4.8 eight that the applicant must discuss proposed security provisions, surveillance cameras, and

466
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security lighting, which clearly indicates that even the applicant and the board's engineer acknowledge the inevitable threat to the nearby Durham residents and community this convenience store poses. If this proposal has truly no negative impact on safety, traffic,

467
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loitering, flooding, and neighborhood character, I ask this board one fundamental question. Why does this applicant need 27 separate variances to build it? 27 variances is not a minor adjustment. It's a wholesale rewriting

468
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of the law. These 24 27 variances exist precisely because this project is fundamentally incompatible with the resident zone and hostile to the neighborhood. If the applicant argues tonight that there is no evidence this specific store will cause problems, our

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response is unyielding. Residents are not required to wait until a crisis occurs or tragedy strikes before asking this board for protection. Zoning exists to prevent foreseeable conflicts before they happen, not after the residents are forced to repeatedly call 911. Our

470
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township's master plan exists for an exact moment to stand as a wall between the incompatible land uses and protect residents needs from predatory commercial greed and encroachment. If zoning board approves this variances, the board is setting dangerously destructive precedent that the

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resident's zoning protections will be dismantled when a commercial applicant decides a larger business will be more profitable. The burden and the fallout of this project would not fall on the applicant. They will take their profits and go home. The burden will squarely

472
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fall on Darham neighborhood that will be left to face the issues arising out of this fallout. We demand that you preserve the integrity of a zoning laws to protect our families, protect our safety, protect the life savings that we have invested into this community and

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deny the proposal for convenience store. Thank you. >> Thank you very much, sir. Next person within 200 ft. >> Good evening. >> Hi. Do you swear or affirm the testimony you'll give this evening? is the whole truth. >> I do. >> Please state your name, spell it, and give your address, please.

474
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>> Yes. Mike Miro, 420 Durham Avenue, directly across the street from the proposed convenient mark. I chose this neighborhood on purpose. I spent weeks looking before I bought my home. I chose this block because it is a residential, because it's yards and sidewalks in

475
02:44:36.960 --> 02:44:51.680
character, and I chose it knowing it was zoned residential, which meant no gas station convenience stores moving in across the street. So, let me tell you what this application will look like from the street. From our street, the applicant

476
02:44:51.680 --> 02:45:08.560
proposes a freestanding sign that is 23 feet tall. For context, the Edison Township Ordinance limits signs to 8 ft in this zone. That sign is nearly three times the legal height. It would tower over our neighborhood. You would see it from far

477
02:45:08.560 --> 02:45:24.319
down the road. And a part of the sign, part of it is proposed to be placed in a public right of way on public land. Let me be clear about what that means. The zoning board has authority to grant variances from the township zoning code. It does not have the authority to

478
02:45:24.319 --> 02:45:40.479
authorize private structures on public land. You cannot give away to public right away. That sign cannot be legally approved as proposed. The building itself will sit for 4.2 ft from Durham Avenue. Our home sit proper residential setbacks. This commercial building would

479
02:45:40.479 --> 02:45:56.160
be practically on the sidewalk. It would look like it belongs in a strip mall, not in our neighborhood. And then there are property values. My home is the biggest investment that we've ever made. A peer a peer reviewed study, the Journal of Sustainable Real Estate

480
02:45:56.160 --> 02:46:12.240
studied 601 residential units near gas stations and found that home prices decline the closer they are to the gas station. The closer you are, the bigger the loss. I am less than I'm right across the street maybe about 50 feet away. Note one property VA value study

481
02:46:12.240 --> 02:46:28.160
has been submitted in this application not one page. The applicant's owner the applicant's own planning consultant required the applicant to provide information about the aesthetic impact of this project on the neighborhood. That requirement is in February 2026

482
02:46:28.160 --> 02:46:44.000
planning letter. That information was never provided. The board job, the board's job is to protect the res to protect residential neighborhoods. Please do that tonight. Deny this application. Thank you. >> Thank you very much, sir. Uh, next.

483
02:46:44.000 --> 02:47:00.399
>> Just have one other thing. Uh, on the underground storage tanks. Um, I know they're going to be removed and they're going to be tested. Of course, the soil will be tested. >> And how about our properties? Will they be tested with some monitoring wells or >> whatever is appropriate based on what

484
02:47:00.399 --> 02:47:15.359
the LSRP? >> So I guess if I mean they will for the well we need some we need testing to make sure that our property is not contaminated. I don't know I don't know that the gas stations is >> the LSRP will follow the NJDP's rules.

485
02:47:15.359 --> 02:47:33.040
>> Okay. So okay no problem. The one question I have, the proposed 23.5 ft tall. The that's the sign that they're proposing. The addressed ordinance allows 8 ft. The proposed building is 4.2 ft from the sidewalk.

486
02:47:33.040 --> 02:47:50.560
These are not minor variances. There are fundamental conflicts with the residential character of the zone. Can the board approve a project that looks this different from every everything else on the street? Thank you. >> Thank you very much, sir. Next person

487
02:47:50.560 --> 02:48:08.800
within 200 feet. >> Before uh Mr. Chairman, before the next uh member of the public speaks, can I just have Mr. Henry um touch on the sign real quick? >> Sure. >> So, I just want to clarify on the sign. So, the sign itself is the same height

488
02:48:08.800 --> 02:48:24.640
as the existing sign that's out there. um the member of the public was making it seem like we're making it bigger or something like that. So like we're the the sign is 23.5 feet. We're proposing 23.5 ft. Uh we're actually reducing the square footage of the existing sign

489
02:48:24.640 --> 02:48:40.000
that's out there. We're just simply relocating it because we're we move the building and then that would be within the county right away and that will be county jurisdiction. Thank you. >> Thank you, ma'am. You may uh proceed. You raise your right hand and our attorney will swear you in. >> Do you swear or affirm the testimony

490
02:48:40.000 --> 02:48:53.439
you'll give this evening? the whole truth. >> Yes, I do. >> Would you please state your name, spell it, and give your address? >> My name is Dharini Takapati. First name is spelled as D H A R A N I. Last name T

491
02:48:53.439 --> 02:49:11.840
as in Tom. A K E L L A P A T I. >> Good evening everyone. >> Sorry, your address please. >> Yeah, I was going to ask >> 421 Dham Avenue. My property is uh um right next to the gas station. >> Thank you. which had two burglaries

492
02:49:11.840 --> 02:49:29.439
already within 20 years. Okay. Um so the property that is the subject of this application is located at the intersection of New Durham Road and Durham Avenue, one of the busiest and most critical intersections in this

493
02:49:29.439 --> 02:49:47.520
area. This intersection serves as a vital transportation link for residents of Edison, Matachin, Piscataway, and South Planefield. It is also located approximately 500 ft from the exit 3 of Route 287,

494
02:49:47.520 --> 02:50:04.800
making it a major access point for both local and regional traffic throughout the day. I come tonight not only as someone who lives in this neighborhood, but also as a teacher who understands the importance of providing children

495
02:50:04.800 --> 02:50:21.120
with a safe environment in which to learn, grow, and travel. My concern is for every child who walks, rides a bicycle, or waits for a school bus at this intersection each day. Firstly,

496
02:50:21.120 --> 02:50:37.279
elementary, middle, and high school students use the sidewalks and cross New Durham Road to reach school bus stops located on both New Durham Road and Durham Avenue. Every school day, parents and grandparents wait on these corners

497
02:50:37.279 --> 02:50:54.319
to drop off and pick up children. Preschool and elementary school families also use these intersections at multiple times throughout the day. These children are already navigating unsafe conditions due to long lines of queueed vehicles

498
02:50:54.319 --> 02:51:10.399
extending well beyond the intersection. Frustrated drive drivers making dangerous maneuvers to bypass traffic. Cars and trucks accelerate through the intersection as soon as they find an opening. This intersection already

499
02:51:10.399 --> 02:51:26.960
operates at level of service F during the morning peak hours which is the lowest traffic performance rating. According to the Transportation of America website, LOSF represents a traffic breakdown where there are more

500
02:51:26.960 --> 02:51:43.680
vehicles than the roadway can safely accommodate, resulting in stopand go traffic, excessive delays, and frequent congestion. Approving a 2820 square foot convenience store with an expanded fueling canopy

501
02:51:43.680 --> 02:51:59.520
and four fuel dispensers will significantly increase vehicle trips to this already failing intersection. More vehicles will mean more turning movements, more driver frustration, more opportunities for crashes, and greater

502
02:51:59.520 --> 02:52:16.240
danger for pedestrians. I'm also deeply concerned about the applicant's proposal to re reconfigure the sides, entrances, and exits. These changes will create additional vehicle movements, including vehicles entering and exiting the

503
02:52:16.240 --> 02:52:31.359
property from directions that motorists, pedestrians, and bicyclists do not currently encounter. Drivers traveling in opposite directions will be turning into and out of the site while other vehicles are attempting to merge, queue,

504
02:52:31.359 --> 02:52:49.120
or bypass congestion. These added turning movements increase the likelihood of confusion, sudden stops, and collisions. The proposal also includes multiple access points onto Durham Avenue, creating additional conflict points for motorists, cyclists,

505
02:52:49.120 --> 02:53:04.800
and pedestrians. Rather than simplifying traffic circulation, these changes introduce new and unpredictable vehicle movements at an intersection that is already operating under failing conditions. Every additional conflict

506
02:53:04.800 --> 02:53:20.319
point increases the risk for the children and families who use these sidewalks every single day. The larger fueling operation will attract additional passenger vehicles and larger trucks traveling to and from 287

507
02:53:20.319 --> 02:53:36.640
throughout the day, including the hours when students are walking to school buses or returning home. Increased police response to traffic accidents or unsafe driving would only add to the congestion and ra and and further delay

508
02:53:36.640 --> 02:53:54.000
emergency response and traffic flow during the winter months. These risks become even greater. I ask the board to consider how children using wheelchairs, crutches or other mobility devices and parents pushing strollers will safely

509
02:53:54.000 --> 02:54:09.600
navigate these already congested streets. Edison is recognized for its outstanding blue ribbon schools. Shouldn't the roots children take every day to reach these schools be equally worthy of protection?

510
02:54:09.600 --> 02:54:27.279
Safe access to school is one of the most fundamental responsibilities of our community. Also, children of all ages ride bicycles through this neighborhood and regularly cross at the intersection of Durham Avenue and Du Durham Road. This proposal

511
02:54:27.279 --> 02:54:42.160
will make that crossing even more hazardous. Secondly, I also asked the board to consider the broader impacts of introducing a convenience store into the heart of of this residential neighborhood. The existing gas station

512
02:54:42.160 --> 02:54:59.120
does not sell tobacco products, vaping products, marijuana products, or alcohol. A convenience store would fundamentally change that character. Stores of this type often become gathering places for students, teenagers, and adults during the

513
02:54:59.120 --> 02:55:16.880
afternoon, evening, and late hours. Late night hours, easy access to tobacco and vape products raises legitimate concerns for nearby families. If alcohol sales are ever permitted in the future, those concerns would only increase.

514
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>> Ma'am, your time is up. >> I have one question. >> Ma'am, your time is up. >> One question, sir. >> Your time is up. >> This is for the planner. >> Ma'am, your time is up. >> Okay. Thank you. >> Thank you so much. >> Next person with 200 feet of subject site want to be here. Sir, >> um Mr. Chairman, could we have um the

515
02:55:31.760 --> 02:55:49.359
traffic engineer just >> actually hold you're next? But um the attorney did want to respond. >> Yeah. I just wanted to address the prior speakers a couple of the comments slash SL questions. So So Nick, your office

516
02:55:49.359 --> 02:56:04.560
prepared a traffic study that you testified to at the last meeting. >> Correct. >> And how long have you been preparing traffic studies in New Jersey? >> Uh 36 years now. >> Um approximately >> 35 >> approximately. How many gas station convenience store applications have you worked on?

517
02:56:04.560 --> 02:56:21.279
>> Uh probably a couple hundred. How many cases have you worked on on intersections such as county roads or state highways? >> Uh the majority. >> Okay. And you've been speaking with the county as it relates to the design or future design of this intersection?

518
02:56:21.279 --> 02:56:37.439
>> Yes, multiple times. >> Okay. So, just going down or kind of hitting some of these points. Do you believe that the driveways create more conflicts or do you believe that the proposed driveways will actually improve circulation in the area? >> Yeah. So, there were changes to the driveway. So, currently there's four

519
02:56:37.439 --> 02:56:54.479
driveways. Two on Dorm, New Dorm Road, two on Dorm Avenue. We're going to have the same four driveways except on Dorm Avenue, we're reducing the turning movements to an inbound and an outbound. So, we're reducing the conflicts from the driveways and we're actually narrowing the driveways. There was a

520
02:56:54.479 --> 02:57:10.240
comment as to pedestrians and children walking across the driveways. So, the shorter driveways is a benefit because it's less distance to travel across the driveway. >> All right. So in your professional opinion, the driveways are actually creating a safer condition than exist in currently. >> Correct.

521
02:57:10.240 --> 02:57:25.120
>> All right. And then as it relates to the level of service, can you speak to how the level of service um is impacted as a result of the improvements that you're making to the site? >> Yeah. So even with some additional traffic associated with the uh

522
02:57:25.120 --> 02:57:41.760
convenience store addition, uh the improvements that we're proposing at the intersection have a substantial change. it it's reduced delays by one to two minutes on some approaches. >> Okay. So, the levels of service are improving as a result of the

523
02:57:41.760 --> 02:57:57.600
improvements being made. >> The delays are improving. Yes. >> Okay. Great. And then um in terms of the pedestrian activity, there was some and it's a it's a good question about how this proposal affects or does not affect pedestrian circulation, the fact that

524
02:57:57.600 --> 02:58:13.680
there might be school children in the area. Can you speak to that? Yeah. So, we're providing um crosswalks at the intersection that currently do not exist. Uh nice uh hatched uh continental striped crosswalk uh that doesn't exist

525
02:58:13.680 --> 02:58:28.560
today to get across the intersection. >> Right. And there'll also be crosswalks at the driveways as well. Correct. >> Yeah. There'll be sidewalks that traverse across all all four driveways. Yes. >> Okay. So again, in your professional opinion, the design that you're

526
02:58:28.560 --> 02:58:45.359
proposing has a positive impact on pedestrian circulation in the area. >> It does. >> Okay. Thank you. >> Thank you very much. Next, next gentleman. Sir, >> please purch Thank you.

527
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>> Please raise your right hand. Do you swear or affirm the testimony you'll give this evening as the whole truth? >> Yes. >> Okay. Please state your name, spell it, and give us your address. >> Yeah. My name is Mogul Paradiki. Uh M O G A L A P P A and last name is Adiki. A

528
02:59:01.359 --> 02:59:17.040
D A K I. I live on 37 Karen place uh Edison um across the Yolanda drive. So we take a left turn on Yolanda Drive and get into the T junction where Karen place is there. So um in addition to I'm

529
02:59:17.040 --> 02:59:31.840
not going to repeat the same thing that what has been discussed already but only few points I want to bring up here that uh this convenience store is not required here because we have convenience store across Durham Avenue and also on the new Durham road we have

530
02:59:31.840 --> 02:59:48.000
a wall grain and uh there is a fresh mart is also there so um so so white is not required here because it's not going to add any value to the residents instead adding more problems to the residents living over there. Um we have

531
02:59:48.000 --> 03:00:06.080
seen robberies in our area not only just on Darham Avenue but uh also in Karen Place and Lydia land we have seen in last two years uh we uh robberies even daytime also it occurred um we can check uh in even police records um the traffic

532
03:00:06.080 --> 03:00:24.080
what we were talking is uh Metachin police is more active and patrol uh in Dam Avenue. So most of the time they have the ticketing information also the traffic because uh that's where the comes like when we look at the Edison only it's very part of it but uh um the

533
03:00:24.080 --> 03:00:40.720
other side of the metachen site we see that there's active police patrolling most of the time and new apartment which is coming uh uh closest to the metachin metroplex it's huge amount how much like huge apartment and that traffic is also

534
03:00:40.720 --> 03:00:58.000
going through the same uh there Avenue and going towards uh other places. So it's going to be add but it's not yet uh the apartment is not fully booked. So we have to take into consideration that also and uh people coming from all of the sources they will occupy the road on

535
03:00:58.000 --> 03:01:15.279
the Darab Avenue and also uh so this is this will create a congestion. So when I come from any other side taking left turn to the Yolandra it takes more time because I have to wait for more time on the road. So and then convenience store will add more to that problem again for

536
03:01:15.279 --> 03:01:33.439
me to get inside the your Android track and uh so that's one thing and uh so the convention store will add uh like creating um like crime and robberies in our area. Yeah. So accidents we have

537
03:01:33.439 --> 03:01:50.560
seen on the fork right New D road and >> sir I'm going to pause you just for one second folks if you could please take your conversations outside the chamber. word. We really want to hear the speaker. Um so if you have any conversations, it's distracting to the board. Sir, you may proceed. Thank you so much. >> Yeah. So um so we have seen like

538
03:01:50.560 --> 03:02:07.279
accidents on the fork at the fork near the shell gas pump. Um traffic coming from the new Dham road and uh Dharma Avenue. So most of the time it is really makes it difficult to take you know get on to the new Dham road from Dharma Avenue and then we have seen the

539
03:02:07.279 --> 03:02:23.840
accidents there also. So this will add more uh you know problems to the accidents also. So we have to consider that. Uh so so but I strongly oppose to have the convenience store in that place because it it is not going to add any value to the uh resident. It will create

540
03:02:23.840 --> 03:02:44.640
more problems to the resident in that location. Thank you. >> Thank you very much. Uh just a reminder we are we are still within 200 via subject site. So any resident that received a notice via certified mail please approach. Good evening respected members of the board. You

541
03:02:44.640 --> 03:03:00.720
>> sir, please raise your hand. >> And >> raise your right hand, please. >> Excuse me. My hearing is very much impaired. I am unable to answer your question. Please. >> Okay. >> Make it clear to me. >> Raise your hand.

542
03:03:00.720 --> 03:03:17.359
>> Okay, sir. That's it. Yes. >> Do do you hold on hold on please? Do you swear or affirm that the testimony you will give this evening is the whole truth? >> Correct, sir. >> Yes. Please state your full name and spell it for the record, please.

543
03:03:17.359 --> 03:03:38.080
>> So, this is it. >> Yeah. Your name? >> Yes, sir. >> Your name? >> Your name, please. >> I will let you know, sir. And respected audience. My name is RP call. >> Great. Okay. Rajender Prasad Cole is my

544
03:03:38.080 --> 03:03:56.960
name. >> I am living at 4 drive for the last so many years and I speak tonight on behalf of myself and many of the seniors

545
03:03:56.960 --> 03:04:12.960
in this neighborhood who have built their lives here. I want to begin with a simple truth. The people who will be most affected by

546
03:04:12.960 --> 03:04:29.120
this development are those with the pest alternatives. That means we don't have many alternatives at our disposal. So who will be affected?

547
03:04:29.120 --> 03:04:47.200
Seniors on fixed incomes cannot absorb a decline in property values. No doubt the proposal that has been proposed this poses many many negative implications.

548
03:04:47.200 --> 03:05:03.760
One such implication is which I am discussing a little. So decline in property values. Seniors with sleep disorders cannot compensate for nighttime lighting

549
03:05:03.760 --> 03:05:20.399
at four times the permitted level. One things are more seniors with mobility challenges cannot negative a crosswalk they has not been certified for ADA

550
03:05:20.399 --> 03:05:38.399
compliance at a failing intersection and seniors who have invested decades in a residential neighborhood cannot simply move when the neighborhood changes around them. Let me address each of this

551
03:05:38.399 --> 03:05:53.439
implication, negative implication a little more. Property values. My home is my retirement. No doubt my home was not built by me. It was actually

552
03:05:53.439 --> 03:06:10.800
the efforts of my son for the last 20 years. and with my blessings. It is the asset I have worked my entire adult life to accumulate. Every piece of research I have found on proximity to

553
03:06:10.800 --> 03:06:26.880
gas station conversions in residential zones shows a measurable negative impact on surrounding home values. You can very well assess this as the gas station is there what it is emitting.

554
03:06:26.880 --> 03:06:44.000
So that can have large impact. The applicant has not submitted a single page analyzing what this development due to the property values in the neighborhood. If my home loses value because a convenience store was approved

555
03:06:44.000 --> 03:06:59.680
across the street, the financial impact on my retirement is real and permanent. Who will compensate? who will compensate the seniors living in this neighborhood including me who one day will also fall

556
03:06:59.680 --> 03:07:16.080
in this category. This board should require that study before voting. Then second point very important point writing and sleep. I sleep lightly as many seniors do. The applicant proposes

557
03:07:16.080 --> 03:07:33.680
canopy lighting and actually you know that no dark sky certification has been provided. No motion senior protocol has been com committed to under section 37 and then schedule 61.5.

558
03:07:33.680 --> 03:07:50.960
No hours of operation have been disclosed. The canopy may run at full brightness at night. This is very dangerous. You can see every night for a senior managing health conditions, artificial light flooding through the

559
03:07:50.960 --> 03:08:05.840
bedroom curtains all night is not a minor inconvenience. It's a great inconvenience. The American Medical Association, sir, the American Medical Association has been explicit about the health

560
03:08:05.840 --> 03:08:22.080
consequence of light at night for the older people like me. This board is being asked to approve that condition without a single protective measure in the record.

561
03:08:22.080 --> 03:08:38.399
Furthermore, sir, mobility and accessibility. The board's engineer, the board's engineer required the design engineer to certify compliance with ADA accessibility guidelines and public

562
03:08:38.399 --> 03:08:55.439
rights of the way accessibility guidelines in every review letter. So there have been many letters to them. three times in writing. No certification has been provided till date

563
03:08:55.439 --> 03:09:12.720
for seniors with walkies, walkers, canes and wheelchairs. This is not bureaucratic paperwork. It is the difference between being able to safely cross Durham Avenue at this intersection

564
03:09:12.720 --> 03:09:26.640
or not. with the intersection already a level of service app with vehicles skewed and moving erratically an uncertified crosswalk at this corner is

565
03:09:26.640 --> 03:09:44.960
a hazard I am not willing to accept answer crimes targeting seniors chain snatching mugging incidents

566
03:09:44.960 --> 03:10:00.960
as seniors are greatly vulnerable. Then sir concluding it seniors make long-term investments in their communities. We stay we volunteer.

567
03:10:00.960 --> 03:10:18.560
We support local businesses. We watch over each other's properties. What we ask in return is that the residential character of our neighborhood be protected by the ordinances and boards

568
03:10:18.560 --> 03:10:36.479
whose job is to protect them. Please do your job. Please protect this neighborhood. Yes sir. Please protect this neighborhood. Please deny this application. I thank you very much for listening to me what I have said.

569
03:10:36.479 --> 03:10:51.600
Thank you very much, sir. >> Thank you. >> Highly thankful to you. >> Thank you very much. Thanks a lot. >> Okay. Next resident within 200 feet of subject site. As a reminder, 200 feet of subject site means that you received the notice via certified mail. >> Yeah, Mr. Chairman, just on a couple of the items, the gentleman said the the

570
03:10:51.600 --> 03:11:08.160
canopy lights would not be on all night. We said that we would shut them off at when it closes at 10 o'clock. We also indicated that the store would not reopen till 5:00 a.m. if the board felt 6 a.m. was more appropriate. That would be fine um as well. Um and on the

571
03:11:08.160 --> 03:11:25.279
certifications for the ADA, um that comes up at the end. So the applicant needs to construct it and then get certif has to get a certification that it was done pursuant to ADA standards. If they don't do it, they can't open. So they have to construct it per ADA standards and that happens at the end of

572
03:11:25.279 --> 03:11:42.640
the process. So we would have to comply with that. >> Thank you very much. Ma'am, >> please raise your right hand. Do you swear or affirm the testimony you'll give this evening is the whole truth? >> Yes, I do. >> Okay. Please state your name, spell it, and address. >> Soshi Gosh, R O D O S Hi, and last name

573
03:11:42.640 --> 03:11:59.760
is Goss. G H O S H. I live in 418 Darham Avenue, which is just across the gas station. So today I want to talk about what happens to the neighborhood when it rains hard. This corner is already 86.4%

574
03:11:59.760 --> 03:12:15.920
impervious surface. Nearly all pavement and canopy with almost no absorption capacity. When water falls on this site, it runs off immediately into the street drainage system. Residents near the this corner have learned to live with the

575
03:12:15.920 --> 03:12:32.880
runoff pattern. The existing problem as significance as it is is at least a known quantity. The applicant claims the project will improve storm water condition by reducing imperous coverage from 86.4%

576
03:12:32.880 --> 03:12:50.399
to 79.4%. That reduction amounts to roughly 1,100 square ft. Just over one quarter of 1% of an acre. And even this modest reduction is contingent on a questionable assumption that six banked

577
03:12:50.399 --> 03:13:07.840
parking spaces remain as landscaped areas and are never paved. The board's engineers specifically called this out in section 5.3 of all three review letters. The statement should be updated to reflect impervious coverage with the

578
03:13:07.840 --> 03:13:24.800
banked parking space being constructed. Bank spaces are by definition designed to be paved when demand increases. If they're ever constructed, the impervious coverage figures rises, possibly above

579
03:13:24.800 --> 03:13:41.840
79.4%. But the drainage analysis does not account for that scenario. The applicant left it out. The reason this matter is that the drainage analysis was structured to avoid triggering major development review under New Jersey

580
03:13:41.840 --> 03:13:59.040
stormwater management rule NJAC 7.8. The thresholds are 1 acre of soil disturbance or one quarter acre of new imperous surface. This 367 acre sites fall below both

581
03:13:59.040 --> 03:14:15.600
thresholds. The board's own engineer acknowledged this explicitly. Compliance with storm water standard is achieved primarily through avoidance, not through actual storm water management measures. The site still discharges sheet flow to

582
03:14:15.600 --> 03:14:31.279
New Darham Road and Darham Avenue. There is no retention. There is no detention. There is no on-site storm water management infrastructure. The site is located in FEMA flood zone X shaded a2%

583
03:14:31.279 --> 03:14:48.399
annual chances flood hazard area. That means this corner has measurable flood risk in a zone X shaded area. A site that is nearly 80% paved and draining to two county and municipal roads via sheet

584
03:14:48.399 --> 03:15:04.319
flow contributes to downstream flooding under heavy rain conditions. The applicant has not studied where a 100redyear storm event does this to runoff from this side under proposed conditions. The board's engineer also

585
03:15:04.319 --> 03:15:20.880
identified a specific infrastructure problem. Section 5.4 Four states that the arrangement of the inlet along New Darham Road near the traffic realignment appears irregular and should be reviewed for more consistent placement and curb

586
03:15:20.880 --> 03:15:39.279
line. An irregular inlet means water may not be captured efficiently. It may overflow or redirect towards adjacent properties. As of March 26, 2026 review, this has not been corrected. Finally,

587
03:15:39.279 --> 03:15:55.520
this is a gas station site. Strong water runoff from a site with active fuel dispenser can carry hydrocarbon contamination. Petroleum residue from fuel spills, tire rubbers, and vehicle drips. No plan has been submitted for

588
03:15:55.520 --> 03:16:12.160
preventing hydrocarbon contaminated storm water from entering the municipal storm drainage system. These are engineering concern raised in writing by the board's own engineer that have not been resolved. The stormwater record for this application is

589
03:16:12.160 --> 03:16:32.160
incomplete and inadequate. Please deny or table this application. Thank you. >> Thank you very much. Next res within 200 ft. >> Mr. Chairman, can um Mr. Henry just address the storm order comments raised? >> Please. >> So I wrote down some notes. Um, so there was a comment that we didn't include the

590
03:16:32.160 --> 03:16:48.000
bank's parking in our impervious coverage calculation. We did include the bank parking in our impervious coverage calculation and we're still reducing um, impervious. There was another comment about that we were circumventing the rules by not being a major development.

591
03:16:48.000 --> 03:17:03.120
Even if we were tripped into a major development based on NJAC 7 colon uh 78, we would be compliant by reducing impervious. So it's not that we were circumventing the rules by not tripping

592
03:17:03.120 --> 03:17:19.359
into the major development rules. Even if we tripped into the major development rules, we would still be compliant because we're reducing impervious. So it's not that we're circumventing the rules is we're this is an improvement from a stormwater perspective. And the last item I believe that was mentioned

593
03:17:19.359 --> 03:17:36.319
was just regarding gas stations and how that how that's handled. There's an emergency response plan on every gas station in New Jersey if there's some sort of spill or something. There are there basically is there there's uh material you put down that will absorb the the gas. So that's and there's an

594
03:17:36.319 --> 03:17:52.560
existing gas station there today. So, they're going to continue to con conform and follow the New Jersey regulations for any gas station in New Jersey for any type of spill or anything like that. >> And the upgraded systems that were proposing would improve that as well. Correct. >> Right. The upgraded systems we're

595
03:17:52.560 --> 03:18:08.319
proposing are a major improvement over existing. The double wall fiberglass tanks right now those do I'm I'm not sure if the existing ones are, but I I I know they're not state-of-the-art. They're not up to current standards right now.

596
03:18:08.319 --> 03:18:30.160
Thank you very much. Next resident within 200 feet. >> Anyone else within 200 feet want to be heard? >> Hi. >> Hi. Uh, do you swear or affirm the testimony we give this evening is the whole truth? >> Sure. Yes. >> Yes. Please state your name, spell it,

597
03:18:30.160 --> 03:18:43.920
and give your address. >> My name is Suni Sha. >> Into the microphone, please. Suni Sha uh first name is Sunniti S U N I T I last name is Sha S H ah uh I live

598
03:18:43.920 --> 03:19:01.359
in 417 Dham Avenue uh I actually wasn't plann to question anything but after listening all these things I definitely agree that you know I'm I'm definitely not I mean sorry about that I'm against the store but beside the store

599
03:19:01.359 --> 03:19:16.479
gentleman's are saying everything is covered and everything is you know will be um against whatever is required by the law. We are doing it. What's a guarantee? These are only words. At the end of the day, what's a guarantee that

600
03:19:16.479 --> 03:19:34.000
it will not reduce our value of our property that you know this whole flooding issue, the traffic issue, all these thing will not go away. So I mean who's taking guarantee for that? I just want to know. We're just taking words. So you know right now already I'm saying

601
03:19:34.000 --> 03:19:49.920
417. So I'm like three house away from the uh uh Shell gas station. I see traffic line in the morning. Uh another two house down the road. So it's so long and this whole big um apartment that was

602
03:19:49.920 --> 03:20:06.399
built at the end of it. Obviously it's in Mattach and there's nothing we have control over. All this traffic comes you know uh only on one side and it's so much traffic. So I just don't see that they're going to solve this problem. How

603
03:20:06.399 --> 03:20:23.600
they there's no space for it. So you know I'm just I mean just taking word for them but at the end of the day who's paying the price. Well, the traffic I won't address the traffic issue, but to your question, as far as a guarantee, wherever they say and and they whatever testment they provide, whatever

604
03:20:23.600 --> 03:20:38.960
documents they provide, if they don't do what they say they're going to do as far as the documents and the plans go, they will not get issued a certificate of author certificate to allow them to proceed. So, they have to whatever they say they're going to do, they must do. As far as the traffic issues, their

605
03:20:38.960 --> 03:20:54.960
their engine, their traffic person can testify that. >> I totally understand, sir. But now with the store, now the robbery happens. Who's who's going to take care of that? Who pays the price? They're not going to go for that, right? Who we are the one who is paying for the price. First of

606
03:20:54.960 --> 03:21:10.560
all, our house value, everybody who says here, you know, had a point. And it's it was a you know even though I'm two uh house after the shell guest I still see the problem the traffic issue the you

607
03:21:10.560 --> 03:21:27.279
know the steel I mean all the all the other issues they mentioned I don't know I'm not too much about about the soil and stuff but my concern is like you know literally the safety safety is the biggest concern here because you will

608
03:21:27.279 --> 03:21:44.720
definitely if you have a store people will hang around there there will be a big lights and stuff like that. I mean it's going to impact everybody. So that's just I just wanted you guys to consider that that you know yes they may have said but I want to you know like if

609
03:21:44.720 --> 03:21:59.680
somebody they already the next door neighbor already had two times without these uh the you know robbery happened. So now there is more chances and we're straight to 87 right after Shell guest

610
03:21:59.680 --> 03:22:16.479
access to that so people can just you know go away and you see lately how many cars are getting stolen. So my concern is more safety than anything else. Thank you. >> Thank you very much. Uh anyone else within 200 feet of subject site wanting

611
03:22:16.479 --> 03:22:37.840
to be heard? Seeing none, we'll go outside 200 feet of subject site. Anyone wanting to be heard? Hi. >> Raise your right hand, please. Do you swear or affirm the testimony you'll give this evening is the whole truth? >> Absolutely. Yes. >> Yes. Please state your name, spell it, and give your address.

612
03:22:37.840 --> 03:22:54.960
>> Sure. My name is Benoir Nyer. B H A N W A R. Last name is Nyer and as a Nancy A Y A R. I reside at 16 Yolanda Drive, Edison, New Jersey. Been living there since March 2001. You could adjust that microphone, make yourself more comfortable.

613
03:22:54.960 --> 03:23:10.160
>> Oh, are you guys able to hear me? >> Yeah. No, that's perfect. Yeah. No, you just looked you looked uncomfortable. Why don't you be >> Oh, I'm sorry. Okay, sir. This is better. All right. >> Yeah, that's perfect. >> So, I I just wanted to bring up a couple of points from last meeting and uh ask the questions. So, one of the points

614
03:23:10.160 --> 03:23:27.680
that was mentioned last meeting was that this property used to be open 24 hours. Being that I've lived there over 20 years, I've never seen that property open 24 hours. So, I just wanted to put that correction. and if they have any proof they can provide it to the board and we can discuss that later. Secondly,

615
03:23:27.680 --> 03:23:44.239
um as a father of two daughters, me going into Woodro Ruckers and JP Stevens, my daughters now are going to start going to Woodro. They were part of St. Francis. I'm not opposing economic development here, but the safety. So, as a lot of these residents mentioned, I'm

616
03:23:44.239 --> 03:23:59.200
not trying to repeat it, but we've had a lot of more than 25 cases in the last two months, noted in Edison PD and Matuchen PD of stuff that happens at the red roof in and the other hotels, which is walking distance. So, we're attracting that traffic towards a

617
03:23:59.200 --> 03:24:14.800
residential. Number one. Number two, the lighting folks that they mentioned that the lights will be shut off after 1000 p.m. Currently, that gas station closes at 9 or 10 depending on if they have help. That's lights stay on all night. So that's still going to impact people

618
03:24:14.800 --> 03:24:31.439
that live right next door or behind. Thirdly, right? And this is just me sitting there asking everybody a question. What's a purpose of a business when you open a business to attract traffic to get more people? So when a traffic person is saying they're going to impact they're going to make the

619
03:24:31.439 --> 03:24:48.479
traffic better, isn't the purpose of rebranding this gas station to get more cars so they can make more money? It's a small business, right? So, if you're going to attract more traffic, how are you fixing traffic? That that's all I have to say. And the questions that I answered about the 24

620
03:24:48.479 --> 03:25:11.680
hours that were spoken under oath last time and the lighting. >> Yes, sure. >> So, as far as the as far as the >> Tony will leave. Okay. >> Yeah. So as far as the lighting um there there are no restrictions that we're aware of as far as previous approvals as

621
03:25:11.680 --> 03:25:28.080
far as the hours operation of the lighting. Similarly for the hours operation we don't believe there's any restriction on the previous approvals as far as the hours operation on the gas station and that's where that came from. >> Yeah. And so what we would agree to as part of this approval and we were

622
03:25:28.080 --> 03:25:43.439
putting them on the record as conditions or stipulations that a it would close at certain times and b that the lights would shut off at certain times. Obviously, with any business, you have to have some minimal security lighting on in the evening, but the predominant canopy lighting and sight lighting would

623
03:25:43.439 --> 03:25:59.680
be turned off. And we'd also be happy to work with the police department, as many of these stores do, to talk about the lighting in the evening and make sure that the the police department was comfortable with the way that the lighting was set up after hours, and we were more than happy to do that. And Nick, do you just want to touch on the traffic? >> And just real quick about the lighting.

624
03:25:59.680 --> 03:26:15.120
Typically, what we do as the board professionals is we'll require a six-month look back on lighting. Um, when a board looks favorably upon an application in their resolution, there are resolution conditions of their approval that they have to follow in order to get all of their permits.

625
03:26:15.120 --> 03:26:32.560
Typically, um, with most commercial type um, projects, we will require there be a six-month look back. So they would go in build whatever and then they would have their initial kind of um inspections done and then 6 months later you do another inspection to make sure

626
03:26:32.560 --> 03:26:47.600
everything is still in line with those resolution conditions to ensure that you know all the things that they agreed to here at the meeting are still being done. >> Yeah. And also just to add to that, not only would they in would they inspect to confirm we complied with the conditions

627
03:26:47.600 --> 03:27:04.160
of the approval, the look back also if the board professionals have any recommendations on adjusting the lighting, we would have to adhere to those recommendations as well. >> Yes. So Nick, do you just want to touch on the gentleman's traffic comment? >> Yes. So our traffic study shows additional traffic coming on and off

628
03:27:04.160 --> 03:27:18.880
because of the, you know, you're adding a convenience store. Um what uh has been shown in the analysis is with the improvements proposed the before and after condition. In the after condition we have better operation and better

629
03:27:18.880 --> 03:27:35.040
safety at both the intersection and the driveways >> and and also just the and you indicated before that the there are certain delays that are also being improved. Can you just speak to that and explain that? >> Yes, because we're doing uh restriping and some construction at the

630
03:27:35.040 --> 03:27:51.200
intersection. We're adding a lane on on Dorham Avenue so we improve the operation and reduce the delays on that approach. >> So So vehicles that may wait a certain amount of time now will wait less and there'll be less queuing. Is that

631
03:27:51.200 --> 03:28:08.239
basically what you're saying? >> Correct. >> Okay. >> I mean I would love to see uh well whenever the next hearing is to see the proposed the lane thing because last time when you guys showed the lane, right? If you even add a lane to go left, you're still bringing in more traffic in the gas station, right? And

632
03:28:08.239 --> 03:28:23.359
now with the convenience store, which is larger than some of the houses, you're getting more traffic even while people pulled in or people even currently, we see it every day, right? I mean, I've seen it growing up that cars cut across the gas station to go on the other side. And those cars are the ones that are

633
03:28:23.359 --> 03:28:38.319
getting into accidents. So, you're not blocking an exit or an entrance. You're still keeping the same entrance exit is. You're shortening it to say if they're going to come in this way, they're going to go out. I mean, being that let's go by six months of traffic or one year of traffic, we've seen accidents in and out

634
03:28:38.319 --> 03:28:54.319
of that gas station more than rarely. And then even at that stop sign, if you put a lane to go left turn, you're still backing up traffic cuz those left lane that goes back, it can hold probably one or two cars cuz it's it's going to be like this for every shape. >> Yeah. So, before Nick responds to your

635
03:28:54.319 --> 03:29:09.680
question, just so you're aware, when we submit these traffic studies, we submit it to the town. Their engineer and experts review it. So if they feel we didn't cover something, they'll let us know. Same thing because this is a county road, we submit it to the county. If they feel we didn't cover something

636
03:29:09.680 --> 03:29:24.080
in the analysis, they'll let us know and we'll have to revise it. So ex independent experts have reviewed it. And then Nick, do you just want to respond to the last line of questioning? Yeah, as far as the additional traffic. So, um, if you look at the property and

637
03:29:24.080 --> 03:29:41.279
how it operates, so if your destination after you come to the property is to be on New Dorm Road, you're not going to drive out onto Dorm Avenue, wait in a long line of traffic to get onto Dorm Road.

638
03:29:41.279 --> 03:29:57.920
As the gentleman mentioned, people are actually more comfortable, some of them cutting through our site to turn onto New Dorm Avenue. Um, because there's less traffic coming out of our driveway than there is on Dorm Avenue. Uh, so we

639
03:29:57.920 --> 03:30:13.680
don't see our traffic exiting the site, making a left turn. Hang on second. Hang on one second. >> We asked for no interruptions, no outbursts, no applause. if you could please respect the board and respect the

640
03:30:13.680 --> 03:30:30.640
process and not interrupt. Sir, you may continue. >> Yeah. So, I'm going to point at the exhibit probably A1, I'm guessing site plan. That might be two if you had a >> A2.

641
03:30:30.640 --> 03:30:46.640
So, we have two driveways on New Dorm Road, two driveways on Dorm Avenue. If you come onto the property and your ultimate destination is to go east or west on New Dorm Road, you're not going

642
03:30:46.640 --> 03:31:04.960
to turn left onto Dorm Avenue, get in the back of the line of traffic, wait to get out here when you just come out of our driveway with the limited volume from our site and make a right turn or a left turn. >> And I understand correctly my last

643
03:31:04.960 --> 03:31:21.439
point. So we are saying that you're just saying that you're promoting people cutting through, right? Because it's easier. >> No, I'm saying that our people do it. I'm acknowledging that people do that movement. >> But it shouldn't be something we promote, right? >> We're not promoting it. It just happens.

644
03:31:21.439 --> 03:31:40.560
>> Just wanted to say thank you. >> Next person wanted to be heard. Ma'am, please approach. >> Hi. Do you swear or affirm the testimony you give this evening is the whole truth? >> I do. >> Okay. Please state your name, spell it, and give your address.

645
03:31:40.560 --> 03:31:58.479
>> My name is Nikita Jooshi. N I K I T A. Last name Jooshi. J O S H I. >> There you go. >> Uh, my name is Nikita Jooshi. N I K I T A. Last name Jooshi. J O S Hi. I live in

646
03:31:58.479 --> 03:32:15.439
414 Durham Avenue. Um, thank you for giving me this opportunity to speak today. I'm here because this is not just a neighborhood to me. It's a home. I grew up here for the last 20 year, five years, and I don't want to see this experience that I had growing

647
03:32:15.439 --> 03:32:31.920
up here change for today's children or families. My perspective not only comes from growing up in this community, but also from my education. I earned my bachelor's degree in from Ruckers University in psychology with a concentration in human development and my master's degree in education from

648
03:32:31.920 --> 03:32:48.160
Rucker's graduate school of education. Through my education and work with students, I've learned that a how strongly a student's environment influences their development and decision making and sense of belonging. One of the reasons families choose this neighborhood is because of this

649
03:32:48.160 --> 03:33:04.880
excellent school system and the ability for children to have access to all three schools bus stations. The bus stops on Durham Avenue, Yolanda Drive, and Brian Road have been in the same locations for decades. My older brother and I have used the same places

650
03:33:04.880 --> 03:33:20.399
that they used today for elementary, middle school, and high school. When I was growing up, my bus stop was directly across from the current gas station. Every morning, my friends and I would count the cars, watch the activity, talk before school. It was simple. It was

651
03:33:20.399 --> 03:33:36.000
part of growing up, building friendships, confidence, and independence. A gas station at that point only served one purpose. People fuel their cards and leave. Adding a convenience store changes the location into a destination, bringing more traffic, deliveries, and people who stay, socialize, and spend their time

652
03:33:36.000 --> 03:33:51.040
there. While this seems like a small change in land use, it creates a significant change in the environment surrounding our children's daily bus stops. Children and adolescence, especially between the ages of 11 and 18, are developing their

653
03:33:51.040 --> 03:34:06.160
identity, independence, decision-making skills, and sense of belonging. The environments that they experience every day influences their developmental stages. Having a commercial gathering place adjacent to the neighborhood bus stops increases students exposures to

654
03:34:06.160 --> 03:34:22.239
new behaviors and social interactions that were not previously part of their daily routine. It also creates another location where students may choose to spend their time before and after school at a time when schools continue to address the concerns about youth vaping, nicotine use, and

655
03:34:22.239 --> 03:34:38.640
other substance related behaviors. I believe we should be reducing unnecessary exposures and opportunities, not creating new ones among the students daily routes. Some may suggest thatu parents can simply drive their students to the bus stops and back. However, the

656
03:34:38.640 --> 03:34:53.760
strength of the community is that children can develop independence safely. Walking to the bus stop, waiting for their friends, getting themselves to school or experience that build that confidence, responsibility, and good judgment for the future. As someone who grew up at these very bus stops, I can

657
03:34:53.760 --> 03:35:09.760
tell you that the environments we created in this community developed how I am and who I am. The decisions made by this board do not just determine what gets built, but shapes the community and the children that grow up. I respectfully ask you to preserve the residential character of this

658
03:35:09.760 --> 03:35:26.399
neighborhood, an environment that has helped generations of Edison children, including me, grow into independent and responsible adults. So my question for you is what considerations have been made to preserve the safety and predictable environments for the students who may spend several minutes

659
03:35:26.399 --> 03:35:53.359
waiting at their bus stops without adult supervision with people going through and in and out of the convenience store. I don't know if this question was related to the actual traffic activity or just the

660
03:35:53.359 --> 03:36:09.760
the different types of people coming to the >> just just speak to it as to traffic. That's what you >> from a traffic standpoint. There will be some additional turning movements, but we're improving the pedestrian operation by building sidewalks,

661
03:36:09.760 --> 03:36:26.720
shortening the lengths of the crossing of the driveways as well as a crosswalk at the intersection. >> All the site distances will be safe and appropriate. >> Yes. this lead us to be moving the bus stops away from the gas station and

662
03:36:26.720 --> 03:36:43.359
convenience store, making it longer travel for most of the students, or are we going to just have some kind of prevention from the convenience store population affecting or walking closer to where our students stand?

663
03:36:43.359 --> 03:37:01.760
>> You're asking, are we relocating the bus stop? Jim, are we relocating the bus stop? >> No, we are not. Thank you very much. Uh we are going to take a fivem minute recess to allow the court reporter a opportunity for a break. Um before we do adjourn, Mr.

664
03:37:01.760 --> 03:37:17.520
Shire, you've been waiting very patiently. >> Thank you, Mr. Chairman. Uh on the ultimate collision uh application, it is my understanding that we can be rescheduled to a special meeting on July 7th. Uh my witnesses are all available

665
03:37:17.520 --> 03:37:33.200
on that date. Uh, I would request that it be in light of the circumstances without further notice. >> Okay. So, we'll we'll uh put this on the record. So, for anyone here for Z8 2024 Ultimate Collision at 115

666
03:37:33.200 --> 03:37:48.239
US Route 1, this case will not be heard this evening. This case will be heard on Tuesday, July 7th, with a meeting beginning at 7 p.m. here in council chambers. If you received a notice for this case uh Z 82024, you will not receive another

667
03:37:48.239 --> 03:48:38.840
another notice. This will serve as your notice. Thank you so much, >> Mr. Sher. Thank you so much for your patience. We'll see you next week. Thank you so much. All right, five minute recess. Thank you so much. They're got to get the buttons. >> Board return to session.

668
03:48:40.880 --> 03:48:59.120
>> Next member of the public outside 200 ft. >> Good evening, Mr. Bassoff. Our attorney will swear you in just as long as I'm not sworn at. >> Do you swear or affirm the testimony

669
03:48:59.120 --> 03:49:15.439
you'll give this evening is the whole truth? >> I do. >> Okay. Please state your name, spell it, and the address, please. >> Joel Bassoff, J O E L Bassoff, B A S O F1 17 Beach Lane, Edison.

670
03:49:15.439 --> 03:49:33.040
Uh I have questions of the uh traffic engineer and the site engineer. Um so first of all for uh the traffic engineer Mr. uh Vertoi um so in percentage terms what would be the expected increase um

671
03:49:33.040 --> 03:49:54.880
in traffic that the convenience store would would generate say u during the morning rush hour period. >> Do traffic 70%. But that's 30 vehicles because the volume is low in the morning. >> Right. Right. But in terms of passing

672
03:49:54.880 --> 03:50:14.560
through the Durham New Durham intersection, that part of your study, >> not specifically. Um so regarding the proposal to reconfigure the intersection uh is that

673
03:50:14.560 --> 03:50:34.800
to reduce the number of collisions or or is that primarily to to make traffic flow faster? >> Both. >> And with the reconfigured intersection that would be entirely uh on public property. Uh none of it would be on the

674
03:50:34.800 --> 03:50:51.120
applicant's property. Is that right? >> All on public property. Yes. >> Um, now the reconfiguration of an intersection to to improve traffic flow or or to reduce accidents, that that's typically the kind of work that would be

675
03:50:51.120 --> 03:51:08.319
performed by the municipality or or the county. >> Yeah. I mean, typically that's what would happen. uh as part of this application, we voluntarily um decided to make these improvements.

676
03:51:08.319 --> 03:51:26.080
>> So, it's voluntary on the part of the applicant complete. So, in other words, the convenience store would be viable without a configuration or a reconfiguration of the intersection. Be viable. I I don't know if that's a

677
03:51:26.080 --> 03:51:42.960
word that really is a term. in the traffic sense. >> Okay. Okay. Um All right. Uh I'll leave it at that. Um I also have questions for uh the site engineer, uh Mr. Henry.

678
03:51:42.960 --> 03:51:58.000
>> Yes. >> Okay. So, on April 28th, you testified that sewer improvements will benefit the surrounding area. So currently uh what are the drainage problems in the area that that the applicant site is

679
03:51:58.000 --> 03:52:13.199
currently causing? >> Sure. So just to clarify there there's two different types of sewer. There's storm sewer and sanitary sewer. Uh as part of this application, we would be replacing the sanitary sewer along a significant portion of our frontage up

680
03:52:13.199 --> 03:52:30.399
to the intersection. And um as far as the improvements, we would be replacing the main and based on our survey, the main is back pitched, which we were viewed with with with the town and identified that as a problem that exists

681
03:52:30.399 --> 03:52:47.920
today, and our client is agreeing to fix that problem and bring it up to current standards and meet plumbing code. So, right now, you have a back pitch pipe in your neighborhood, and we're going to be fixing it. But is that currently causing a a problem for the neighborhood?

682
03:52:47.920 --> 03:53:03.120
>> I would imagine so. If there's a back pitch pipe, that means you just have sitting effluent there. >> Okay. A and if I understand what you were saying that that drainage is is not going to be altered that that that >> No, the drainage is going to be improved

683
03:53:03.120 --> 03:53:17.760
because we're reducing imper reducing impervious on-site. Uh but as far as stormwater infrastructure, we're not proposing modifications of the infrastructure within the county right away. >> Um what's the height of the the current

684
03:53:17.760 --> 03:53:36.080
canopy of the gas station? >> Um I don't know if I I surveyed that. I don't think we surveyed the height. Okay. So we don't know at this point if it's um higher or lower than what's

685
03:53:36.080 --> 03:53:51.600
proposed. I I don't I don't have the height of the existing ones surveyed. So >> um also you testified on April 28th about um light trespass. Um so the property it's used for commercial

686
03:53:51.600 --> 03:54:07.040
correct but but it's in a residential zone, right? >> Yes. >> Okay. Um, so under Edison's lighting code, um, what's the maximum illumination that's allowed 5 feet above the property line on residentially zoned

687
03:54:07.040 --> 03:54:22.960
property? >> I don't know if I have the ordinance in front of me. Do you have that? >> Um, yeah, I I know you put it on um you had a uh a lighting plan in your submission. Um, >> we're zero foot candles at the at the

688
03:54:22.960 --> 03:54:37.120
>> uh 0.1 foot candles. Is that >> zero at the foot at at the property lines of the residential uses? >> Okay. Um but on um on sheet 11 of uh your your site plan, >> Yep.

689
03:54:37.120 --> 03:54:54.640
>> it it shows uh a diagram of uh the lighting the the amount of illumination that that would spill over the applicant's property line. >> Yes, there is some spill over into the street but not at the property line. >> Right. And um

690
03:54:54.640 --> 03:55:22.720
there's a a line that shows the uh spillover at uh an intensity of um of one foot candle right on on the plan um >> yes so at one foot handle. It would be

691
03:55:22.720 --> 03:55:39.520
entirely outside the applicant's property line. >> It would be in the street, but not to the residential property line. Correct. >> Which is typical because you want to make sure you illuminate the driveways in a safe way for safe traffic

692
03:55:39.520 --> 03:55:54.720
movements. So it's fairly typical to have some spillover into the adjacent streets to make sure that when cars are passing by they can identify those areas as driveways and then you know basically understand that there may be cars coming out of there. So it's fairly standard in

693
03:55:54.720 --> 03:56:10.560
the you know convenience store gas station industry to have some spill over at the street level but we also made sure that at across the street when you look at the model there is no there is we're not we're at zero foot candles on the residential property line. >> Okay. So, so it's standard for commercial properties but not for

694
03:56:10.560 --> 03:56:28.239
residential properties for having illumination of that intensity. >> I'm not sure I'm following that. >> Um, well, in other words, one foot candle outside the property line. You're saying that that that's typical for commercial properties

695
03:56:28.239 --> 03:56:43.760
>> for for residential properties for multif family residential. It's also common. I mean, I I don't typically will I I typically won't do lighting plans for single family houses if that's what you're referencing. Um, you know, most of the time people put lights where they want on their own personal houses and and they illuminate it as they want. Uh,

696
03:56:43.760 --> 03:57:00.080
but on multif family, it's also very similar. uh where if you have a driveway, you want to make sure that the motoring public on the street understand where the driveways are located so that they can then, you know, anticipate a potential car coming out of that driveway and so that there's safe

697
03:57:00.080 --> 03:57:17.600
vehicular movements on the street. >> And Jim, is the one foot candle at all substantial in your opinion? >> No. So, the minimum minimum foot candle you want for safe illumination is 0.5 foot candles. Um, you know, one foot candle is is definitely a better illumination. um you know it's not very

698
03:57:17.600 --> 03:57:33.199
significant though >> and all the lights that we're proposing are shielded and they're LED. >> Yes, they're full cut off lights, downward facing LED and then we used um um exter like covers to basically block

699
03:57:33.199 --> 03:57:47.920
the illumination from going towards the residential. >> While we're talking about lighting, do you have any uh certifications as a lighting expert? >> I don't. No. >> Um,

700
03:57:47.920 --> 03:58:03.600
now on April 28th, you also testified regarding the convenience store. Uh, you said we made it look residential in nature to give it a residential feel and a high quality feel. And since the property would be used as a convenience

701
03:58:03.600 --> 03:58:20.080
store, uh, what would be wrong with the building looking like a convenience store? >> Could make it look like a convenience store. And will there be no smoking signs um on or near the fuel pumps?

702
03:58:20.080 --> 03:58:35.760
>> Uh if it's per state code, then there would be. Yes. >> Uh and why would there be uh non-smoking signs? Is uh >> you'd have to talk to the state person that determines state code. >> Okay. Uh well, I'll uh reserve my own

703
03:58:35.760 --> 03:58:57.680
comment for uh after all the witnesses testify. >> Thank you very much, Mr. pass off. Anyone else outside if you want to be heard, sir? Ma'am, >> do you swear or affirm the testimony you'll give this evening is the whole truth? >> I do.

704
03:58:57.680 --> 03:59:14.239
>> Name, uh, spell it and address, please. >> Uh, my name is Tati Mishra. Uh, spelled as S T H I T I. Last name is Mishra. M I S H R A. and my address is 17 Desert Place, Edison. Uh we recently moved from

705
03:59:14.239 --> 03:59:30.000
Hillsboro to Edison last year. Uh that was because we were looking for exactly what this neighborhood promised us, a safe family oriented community, a residential environment, and assurance that zoning laws actually mean something. We invested our savings. We

706
03:59:30.000 --> 03:59:46.720
choose this neighborhood because it was zoned residential. We trusted that these protections were not just words on paper but commitments made to people who call this place a home. Today many speakers have come uh cited their versions, their

707
03:59:46.720 --> 04:00:02.800
problems. We all are here maybe waiting for our last meal for the night. Uh the kids are here. They're also waiting. We are waiting on the sip of water. But what I want to bring into picture some facts I'll skim over there. Federal Highway Administration studies shows

708
04:00:02.800 --> 04:00:19.760
that commercial curb cuts increase crash risk by 30 to 40% because of turning conflicts. So here we are risking two roads and not just one. Gas stations and convenience stores generate three to five times more traffic movements than residential properties which has been

709
04:00:19.760 --> 04:00:35.680
cited here as well. The New Jersey Department of Transportation recognizes gas stations and convenience stores as high conflict land user users, especially when introduced into residential corridors. So, this is also a survey. The EPA recommends residential

710
04:00:35.680 --> 04:00:51.760
outdoor noise levels to remain below 55 dB, yet convenience stores with refrigeration systems, idling vehicles, and delivery frequently exceeding those limits. A fact as well. Rudgut's research and New Jersey planning studies indicate that homes near gas stations

711
04:00:51.760 --> 04:01:09.120
and convenience retail can experience two to 10% reduction in property values. No answers have been provided until now. Uh we have got some answers on traffic and lighting but these studies have been given no answers which means we are also

712
04:01:09.120 --> 04:01:24.640
risking our property values our savings at risk and maybe our lives and our generation's lives as well. The police data reviewed in municipal hearings across New Jersey consistently show that convenience stores and gas stations generate higher call volumes.

713
04:01:24.640 --> 04:01:41.760
Increased loitering, trespassing, petty crime activity compared to residential areas. So we are also creating those hubs. We see the street across the 287 uh having homeless people standing there. So we are creating hubs for them as well. These are not just abstract

714
04:01:41.760 --> 04:01:58.080
studies. These are realities. we would live every single day of our lives. So it's not just a debate for tonight but like everyday life we are just putting forward to you. We are talking about our children walking to school buses increased traffic. We have discussed more. I don't want to emphasize more on

715
04:01:58.080 --> 04:02:15.279
that. We are talking about families trying to sleep while trucks makes their deliveries. Our weekends are going to get ruined. Our vacations are going to get ruined because of heavy traffic. Uh we are talking about seniors who work their entire lives risking all their savings, their extended families to stay

716
04:02:15.279 --> 04:02:30.319
with them. But that's also on risk right now. We are talking about the tradeoff, the stress, anxiety and fear becoming part of our daily routine. So we are not here to discuss and debate about the convenience store becoming part of our lives which we generally enjoy with

717
04:02:30.319 --> 04:02:46.160
families going maybe to Walmart, maybe to the smallest store just to have some quick pickups. But here we are risking all our lives, our savings and everything. So I ask here, it's just a generic question. Would you want this next to your homes? Would you want your children growing up beside a gas station

718
04:02:46.160 --> 04:03:02.160
and convenience store which are hubs for vaping, cigarettes, smokes and weed, which may be having a sign over there, but is always very general for people to come in have a quick smoke because we are seeing there are parking lots over there. So definitely that can be a quick

719
04:03:02.160 --> 04:03:19.680
stop for having those noise senses. Would you feel more comfortable knowing your neighborhood would experience more traffic, more noise, more lights, potentially more criminal activity which we already are seeing? Maybe current study has not accounted for the new uh neighborhood maybe the new um society

720
04:03:19.680 --> 04:03:34.560
that has formed the Kempsons which already has traffic moving in. There will be more traffic which has probably not uh gone under the studies. So I just want to say we did not move to Edison to live next to a commercial gas station. That was at least my personal

721
04:03:34.560 --> 04:03:51.520
first criteria to choose a house. Uh I could have chosen anywhere but this was my personal u convenience to choose the house just because I wanted to have a safe neighborhood which I don't feel safe anymore standing here. This is my first time but I'm not happy about this for stability peace of mind for

722
04:03:51.520 --> 04:04:08.160
neighborhood where children can play outside seniors can rest and residents can trust their zoning protections. they relied upon when purchasing their homes will actually be upheld. Despite all these concerns, the applicant seeks variances, reliefs, uh

723
04:04:08.160 --> 04:04:25.199
the highest burden under New Jersey zoning law along with approximately 27 additional variances. Why do we want to do this? Why would have this when none of our neighborhood is happy about having this next to their doors? Uh we are increasing our life risks. We are

724
04:04:25.199 --> 04:04:42.960
increasing our pets, our uh kids, our adults. Everybody's life is at risk. We cannot see happy people walking on the streets. There might be like extended um fences all around their properties. We would lose those human contact. Do we really want to have that?

725
04:04:42.960 --> 04:04:59.680
If this project requests this many variances, these many waiverss, these many unresolved engineering issues, faces these many oppositions from people living there for whom this convenience store is about. Is it about those people who want to move into that traffic and just increase those road traffic? Uh

726
04:04:59.680 --> 04:05:16.560
bring in more homeless, bring in more smokers, uh vapors, and give those easy access to our kids who are still going to be the middle schooler and high schoolers. I'm not sure. Tonight is much more about that single application. Is it it is about whether residents can continue to trust the promises made by

727
04:05:16.560 --> 04:05:31.520
the zoning ordinances. It is about whether this RB residential district still means what homeowners believed it meant when they lived in this community. I just want to ask this question and I want to request to deny this application

728
04:05:31.520 --> 04:05:47.279
because no one is happy. Probably the people staying there is not happy. We are risking all our lives. So this is my request. I want to add some questions um to our uh site engineer and traffic engineer. We have talked about lot about

729
04:05:47.279 --> 04:06:04.080
the traffic and uh maybe the site but we have not got a single answer on the in on the decrease of property values because of this store coming around. We have not received a single answer on the safety as aspect of it.

730
04:06:04.080 --> 04:06:18.800
>> That's it. >> So I can answer it. Property values are not something considered by a zoning board in dealing with a variance application. So you're not going to hear anything about that. Okay. >> Um and then in in terms of safety, um there enforcement is not the zoning

731
04:06:18.800 --> 04:06:36.080
board's jurisdiction. So just like any property in any municipality in New Jersey, if somebody's breaking the law, that's an enforcement issue. It's not a zoning issue. And there's case law on that as well. Um, as I indicated earlier, um, many convenience stores in

732
04:06:36.080 --> 04:06:51.520
terms of the lighting, in terms of the security cameras, and not just convenience stores, all businesses that come to boards, we we've agreed to meet, we'll meet with the police department if they have recommendations on the lighting, on some of the security camera positioning. We're happy to meet with

733
04:06:51.520 --> 04:07:08.160
them. Um, it's not, again, it's those are enforcement issues. Those are police issues. Um, so I know that's maybe not the answer you wanted to hear and it's not maybe the popular answer on both of those items, but I'm just being very transparent with you on on what we're presenting.

734
04:07:08.160 --> 04:07:23.279
>> Um, but yeah, if just like any property, if somebody were to come in and do something that was not permitted, >> there's there enforcement mechanism. If somebody parks in your driveway that's not supposed to, you can tow their car. >> So, you know, there there are enforcement mechanisms for these issues

735
04:07:23.279 --> 04:07:41.920
and we would have to abide by them. >> Yeah. So basically I just want to conclude your >> your time your time was up. >> I'm done. >> Thank you so much. We appreciate it. Uh next person with outside of 200 ft. >> Okay. Um do you swear or affirm the testimony you'll give this evening is

736
04:07:41.920 --> 04:07:58.080
the whole truth? Okay. Bring your microphone up to you. Yeah. If you could please. And your name? Spell it and address please. >> Uh Prabaka Japati. Uh, P R A B H A K A R J E Y A P A T H Y at 17 Jonathan Drive,

737
04:07:58.080 --> 04:08:14.239
Edison, New Jersey. Uh, I came here to ask I mean I do go to 421 Durham Drive and Oh, sorry. I go to 421 Durham Drive. He's a very close friend of mine for many years. And one of the times we were sitting and having

738
04:08:14.239 --> 04:08:30.640
a drink, couple of cars pull into the gas station, loud music. I asked him, I said, "What's happening?" He said, "Oh, these guys come to fill gas." And then one day he told me, "There's a convenience store coming down the into the lot." I, as a person who owned a convenience store, have a couple

739
04:08:30.640 --> 04:08:48.160
of questions. How many SKs do you plan on selling in the convenience store? >> How many what? >> How many SKs do you plan on selling in the convenience store? >> I I couldn't answer that. >> Okay. So, having owned a convenience store,

740
04:08:48.160 --> 04:09:05.199
I've had the Pepsi truck, the Coke truck, and I've had a gas station and a convenience store and a beer store up in upstate New York. So, let me tell you this. The gas truck, the Pepsi truck, the Coke truck, the lace truck, the water truck, and the cigarette truck all

741
04:09:05.199 --> 04:09:20.640
pull in at the same time in the morning to make deliveries. At the same time, you have people coming in to pump gas and use your gas station to buy coffee and a newspaper. How do you plan on managing your traffic at that point in time?

742
04:09:20.640 --> 04:09:35.520
>> We we already answered that question and we also indicated that we would agree to stipulations on conditions as a which is very common in front of New Jersey land use boards in terms of deliveries. Um, we talked about them not being during the peak hours. We talked about the

743
04:09:35.520 --> 04:09:51.439
number of deliveries that we would have. Um, we talked about them being controlled and those would be stipulations and conditions should the board approve the application in any resolution of approval and that's very very common as it relates to any convenience store with gas application

744
04:09:51.439 --> 04:10:08.960
whether a variance is required or not. >> Uh, that's that's your answer. That's fine. Um, okay. I'm I I and the other thing and since I do drive down that road a lot, I've I've seen people who fill gas who want to go to Metachin try

745
04:10:08.960 --> 04:10:26.800
to make a left out of that gas station and the number of Fed FedEx trucks and Amazon trucks that are trying to go on to 287. I waited 10 minutes to make a left from that to go into Metachin to go to Metachin Whole Foods

746
04:10:26.800 --> 04:10:46.880
just because the trucks go over Bridge Street. I don't know if you know the neighborhood. They go over Bridge Street, make a left at the light because they can't go on to 287 North. They have to come down this road and get on to 287 North. So the the county has reviewed that

747
04:10:46.880 --> 04:11:03.120
that's a county road, correct? So that that's a county road. They've analyzed our traffic report and the improvements that we're making to the intersection. And Nick, correct me if I'm wrong, but they they were supportive or didn't take I shouldn't I should say I shouldn't speak for them, but they didn't take any

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issue with what we're proposing. Correct. >> Correct. >> Okay. Okay. Next question. Do you know the number of cars that do that go into the convenience store at the at the end of New Durham Road? At the end of Durham Road, there's a convenience store before the new new apartments and the new

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apartments approximately have about a,000 residents or 500 residents because it's 250 to two and there might be about 400 cars there. So, do you know how many cars go into that convenience store there? Have you done a count of any of those things? No, I mean we would only

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typically do the projections for our our property, not for not another. >> But you have to you have to surveil the convening competitor's property, isn't it? >> As as Mr. Vertoi explained in his testimony um the last time. And again, if the board engineer or the county

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engineer felt there was something missing from our report or the methodology that needed to be adjusted, they would have let us know. But he uses the Institute of Transportation Engineers um data and methodologies to project the traffic. So he does his

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analysis within industry standards, takes counts at the at the site um and then projects the traffic as as in the industry standard that's accepted by the county, the municipality and the state requires. Is that correct? >> Correct. >> All right. And you found and not to

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reiterate your testimony all over again, but you found that there would be improvements to the intersection and decreases in delay. >> Yes. >> When you say improvements in intersection, assume, let's let me give you an assumption. Assume there are a thousand cars going in today and you

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projected 1,250 cars and within 6 months if there's 1,500 cars, would you shut down the station? We wouldn't shut down the station because because because th you're you're assuming that everything would be as a result of our property. There's there's

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many things outside of our control. There could be a project built down the road that results in traffic. We are just we are just proposing our project based on what we're proposing. Okay? And those improvements are being made based on that and within industry standards.

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Just like I can't project what will occur in five years from now in the area, but we're doing our best to rectify a situation at the intersection that is less than optimal right now. >> You you you are not taking responsibility for what's going to happen 5 years down, but people here are

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living in those properties where property values are being affected. >> No, actually what we're doing is very responsible. So we're doing this project and and whether you agree or not, that's fine. Yeah. Yeah. I mean, we're not agree. We're not agreeing on anything. We are discussing something dialogue,

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right? So, we're proposing these improvements based on what we feel was responsible for this development, right? And the county had suggestions, the board has suggestions, and we try to be responsible and rectify situations where we can. We talked about the traffic, we

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talked about storm water, we talked about the utility pipes, right? If an to your point about in five years, if another developer comes in somewhere down the road or in the vicinity and proposes something that necessitates an offtrack improvement, an on-site improvement, they they're going to have

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to do that as well to mitigate or accommodate what they're proposing. Also, that's very typical in these site plan applications or variance applications. So, we're doing what's responsible for our site. If somebody comes in for the future, they'll have to do something for their site.

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>> Um, just going back to the first the first point. Sure. >> How do you plan on enforcing asking Pepsi and Coke not to deliver Coke products and Pepsi products at their time of delivery? >> Jim testified to that. Jim, you speaking with this operator who you've worked with for how many years?

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>> Uh almost 20 years. >> Okay. You testified that the deliveries would not be during um peak hours. Correct. >> Right. So our client would uh has control over the gas station deliveries being that he is also a distributor. So he would restrict it during off peak hours and

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>> two off peak hours. >> Two off peak hours. And then as far as the different vendors which do show up to uh the gas stations, they would restrict the hours during peak period times. >> What is the definition of an off peak hour? >> During non- peak peak hours? >> No, no. I mean uh 8:00 a.m. to 10:00

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a.m. 10 a.m. to 12:00 a.m. What? What? 12 p.m. What's your off peak hour? >> Yeah. So Nick, can you just explain what the peak hour was in your traffic report? >> Yeah. So, the peak times generally are the peaks of the roads, which is in the morning from 7:00 to 9:00 a.m. in the

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afternoon from 4 to 6:00 p.m. and in the midday on Saturday. That's all I have. Thank you very much, sir. Anyone else outside 200 feet want to be heard? Last call. Anyone else want to be heard? Can I get

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a motion to close the public portion? Motion to close public portion. >> Second. >> Motion made by Mr. Chabber, second by Mr. Patel. All in favor signify by saying I. I. Those nay. The eyes have it. Public portion is now closed. Mr. Tubel. >> Yeah. I spoke with the board um

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secretary. Uh they indicated the next time you could hear us is September 29th and that's fine with us. So I respectfully request that the board adjourn the matter to that date uh without further notice. Um, and I would agree to extend the time um to act that

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the board has through September and I' I'd be happy to sign an extension to that effect. >> Okay. All right. So, for anyone here present, for anyone do that and again, so any revised plans will be submitted 10 days before September 29th, obviously. >> Yeah. And and since we have enough time, we'll try to get it way before that, too.

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>> That'd be great. Thank you. For anyone here present, for anyone listening at home, this case will be continued uh till September 29th, 2026 with a meeting beginning at 7 p.m. here in council chambers. If you received a notice, you will not receive another notice. This will serve as your notice.

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Uh this case will be carried Tuesday, September, September 29th, 2026. Meeting beginning at 7 p.m. Thank you everyone for coming and thank you for your patience. >> Uh Madam Secretary, any additional business come before the board? That'll be all for this evening.

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>> Uh, can I can I get a motion to adjurnn? >> Motion to adjurnn. >> Second. >> Motion made by Mr. Sadata, seconded by Mr. Tell. All in favor signify by saying I. I. >> Those nay. The eyes have it. Word stands. Ajourn.