WEBVTT

METADATA
Video-Count: 1
Video-1: youtube.com/watch?v=4dGKF7ClrlM

NOTE
MEETING SECTIONS:

Part 1 (Video ID: 4dGKF7ClrlM):
- 00:01:59: Pledge of Allegiance, Sunshine Law Announcement, and Roll Call
- 00:05:11: Approval of Previous Meeting Minutes and Talex Realty Introduction
- 00:05:50: Explanation of Existing Uses and Variance Request
- 00:08:48: Hot Dog Trailer Approval Aim, Introduction of Principals
- 00:10:04: Swearing In and Questioning of William Parenti
- 00:11:09: Purchasing History and Zoning Permit Application Details
- 00:12:24: Description, Certification, and Operation of Hot Dog Trailer
- 00:13:50: Food Sold, Hours of Operation, and Parking Spaces
- 00:15:25: Clarification of Days, Trash, and Recycling Proposal
- 00:16:48: Details on Parking Usage and Traffic Flow
- 00:18:09: Cross Access Easement, Security, and Hot Dog Pricing
- 00:20:21: Introduction of Mark Remza; Swearing In and Qualification
- 00:21:11: Credentials, Preparation, and Site Visit Details
- 00:22:15: Land Zoning, Existing Structures, and Nearby Businesses
- 00:23:49: Operating Hours, Building Facade, Parking Demand Detail
- 00:25:26: Variance Requirements and Legal Proofs (Positive Criteria)
- 00:26:31: Promoting Municipal Land Use Law and Special Reasons
- 00:29:01: Efficient Land Use and Promotion of Public Health
- 00:30:05: Site Suitability for the Proposed Use
- 00:31:25: Negative Criteria: Neighbor Detriment and Zone Impairment
- 00:33:31: Master Plan Goals and Objectives Compliance
- 00:35:09: Conclusion: Promotes Land Use Law and Site Suitability
- 00:35:24: Review of Report and Further Clarification on Issues
- 00:36:31: Report Discussion and Clarification of Lot Relationships
- 00:37:51: Global Relief Explanation and Pre-Existing Use Discussion
- 00:40:13: No Objections, Structure of Hot Dog Business
- 00:41:15: Site Plan Requirements and Flexibility in Operating Hours
- 00:42:21: Hours of Operation Clarification, Set Up and Clean Up Times
- 00:43:57: Agreement on Operating Hours and Other Requirements
- 00:45:01: Terms Agreement, Submission Waivers and Design Waivers
- 00:46:52: Hot Dog Service From Push Cart or Container Discussion
- 00:48:14: Electrical Connections, Construction Permits, Lot Consolidation
- 00:49:25: Resident Survey Discussion and Community Involvement
- 00:51:33: Concern Over Neighborhood Impact and Board Delay
- 00:52:56: Table Details and Timing
- 00:55:03: Questions, Mobile Food Trailer, Swearing in Public Comments
- 00:56:42: Public Comment: Nick Bellucci, Positive Impact on Community
- 00:58:07: Public Comment: Joseph Pedulla, Positive Experience for Autistic Children
- 00:59:28: Public Comment: Amy Beck, Tenant, Positive Impact on Community
- 01:00:58: Public Comment: Mary Lou Earl, Enjoys Food and Cleanliness
- 01:01:47: Motion to Close Public Portion; Mr. Lupo and Engineers
- 01:02:53: Jurisdictional Issue of Asking for Site Plan Waiver
- 01:04:14: Engineer Input and Resolution Considerations
- 01:05:03: Motion for approval is Seconded and Voted, 10 Minute Break
- 01:11:18: Application Introduction: Bulk Variance for Jasser Ali
- 01:11:49: Road Construction, Hardship Relief, Neighbor Agreement
- 01:13:08: Single-Family Home on Residential Lot and Variance Relief
- 01:13:39: Frank Antosel Sworn In, Engineering and Planning Credentials
- 01:14:45: Property Location, Size, Zoning, and Proposed Construction
- 01:16:09: Existing Conditions, Compliance, and Neighbor Requests
- 01:17:45: Drainage Patterns and Zoning Testimony Discussion
- 01:19:05: Hardship Variance, Municipal Land Use Law, and Justification
- 01:20:40: Positive and Negative Criteria Evaluation for Zoning Variances
- 01:22:33: Infill Lot Enhances and Fulfills Master Plan Goals
- 01:24:12: Narrow Lot Respecting Setbacks; Testimony Enhanced by Respect
- 01:25:05: Report Errors, Variance Needed and Existing Non-Conforming Lot
- 01:26:39: Fence Agreement and No Objection to Testimony
- 01:27:29: Grading, Agreements with Neighbor, Landscaping Concerns
- 01:28:34: Fence Variance and Existing Road Discussion
- 01:29:24: Public Portion: Neighbor John Fallon, Testimony & Process
- 01:30:29: Difficult Lot, Collaboration and Green Giant Request
- 01:31:49: Request to Expedite Approvals
- 01:33:06: Board's Jurisdiction Limits and Agreement Enforcement
- 01:34:25: Tree Sizing and Agreement Discussion
- 01:36:38: Buffer Size, Board Recommendations, and Agreements
- 01:39:00: Control of Trees and Responsibility Questions
- 01:40:36: Disturbing Counsel Behavior, Questions with Private Deal
- 01:41:41: Approval Process vs Private Agreement Dangers Discussed
- 01:42:48: Motion to Close, Discuss the Plans
- 01:43:35: Odd-Shaped Lots, 16 Maximum Trees and Council Approval
- 01:46:33: Land Survey, Zoning Map and Trees
- 01:47:57: Work with Neighbors, What They do
- 01:49:25: Discussion of Vote Process, No requirement to Buff from Neigh
- 01:51:15: Approval, Public Wishing and Motion for Closing
- 01:51:55: Valentine and Board, Voting process and Details
- 01:53:03: Application: Franklin Plaza Realty and Ken Pape
- 01:54:34: Applicant: Ken Pape and Use Varince Request by the Applicant
- 01:55:38: Zoning Board, 2003, 2006, and 2011
- 01:56:43: Four Professionals on the Stand Tonight and a New Team
- 01:58:19: Allison Coffin Is the Planner; Ken Pape and Team
- 01:59:09: Professionals Are Sworn In and Give Details
- 01:59:43: Commercial Zone, Two Access Points
- 02:01:02: Storm Water Management Remains as it Is
- 02:01:57: Scott Kennel Is Next to Take the Stand
- 02:02:48: Hours of Operation 7am to 3pm
- 02:03:39: Traffic Observations and Municipal Ordinance Consulted
- 02:05:33: Traffic Neg Impact
- 02:07:09: Architect on Hand for Questions/Allison Coffin Take's Stand
- 02:08:12: Professional Qualifications, Report and Location of Facility
- 02:09:33: Retail Show Room is Permitted But the Cutting Not
- 02:11:11: Retail Store With Fabrication, Is a Local Commercial
- 02:13:20: Stabil Materials that have no Enviormental risks
- 02:14:39:  Traffic, Odors, Pollution are Small
- 02:16:15:  Traffic with No Public Visits
- 02:17:18: Site Plan Comments and Light/Clean Up
- 02:18:55: Comments for cleaning and Site Plan
- 02:20:45: Outdoor Storage and the building is an office to workshop
- 02:21:16: How Long Operating the facility
- 02:22:40: Doubt With Use of Operation
- 02:24:32: Board Discussion Of Site Plan for Building
- 02:26:13: Public To Be Heard, Board Decision and Vote
- 02:28:00: Aproved Vote and Thank You To the Board
- 02:28:17: Mohit Construction and Renovation
- 02:28:50: BA-5259-25, Jonathan DePiro
- 02:29:24: Joaquim M. Fernandez LLC and Vote
- 02:29:39: Data Centers Discussion
- 02:31:52: Adjournment of Discussion


Part: 1

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Mhm. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. >> [clears throat] >> Announcement of the Sunshine Law in

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accordance with the Open Public Meeting Act, it is hereby announced and shall be entered into the minutes of this meeting that adequate notice of this meeting has been provided by the following: posted on the bulletin board of the office of the township clerk, posted on the bulletin boards within the

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municipal complex, printed in the Home News Tribune and Cranbury Press on December 26, 2025, posted on the Monroe Township website, and sent to those individuals who have requested personal notice. Madam Secretary, roll call, please. Mr.

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Masters? Here. Mr. Lupo? Here. Mr. Bustamante? Here. Ms. Caratori? Here. Mr. Tanzi? Here. Mr. Jaffy? Here. Mr. Cole? Mr. Judice? Here. Mr. Viggiano? Ms. Bitterman? Here. Chairman Leff? Here. Thank you.

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Okay, board members, we have minutes from our regular meeting of April 28th. Do I have a motion? So moved. Second? All in favor? Aye. Stay. Harry Bustamante abstains. Here. Okay, first application BA 5240-23,

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Talex Realty LLC, represented by Mr. Toto. Good evening, Mr. Chairman and members of the board. I'm Walter Toto, on behalf of Talex Realty. Uh can everyone Is this picking me up okay?

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>> Okay, terrific. Again, good evening. Nice to see everyone again. I'm Walter Toto on behalf of Kaylex Realty. Um, this has been known in the planning and zoning office as the the hot dog trailer application for quite some time. But, uh, the property

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that the trailer is on, uh, works in conjunction with a number of other lots, specifically lots 19, 20, 21, and 22 in block 166. Uh, now they have a frontage on three different

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roads. One is Morton Avenue, one is Spotswood-Englishtown Road, which is where the the hot dog trailer is located, uh, and on Fernhead. >> [clears throat] >> Uh, with regard to I just want to explain the uses that are happening on the current site, many of which, uh,

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have been, uh, on site for for several decades. But, uh, as far as the the hot dog stand or the mobile food trailer is concerned, that's on lot 22. If you check out your the survey, typically when I'm here, of course, and

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when any other, uh, attorney, uh, is here, they have a site plan that an engineer would, uh, present. We don't have that. We're sort of on a bit of a budget with this application, but we did submit the survey, uh, which includes, uh, all the uses on the property, all the improvements, and

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it shows the parking. Um, so lot 22 contains, uh, the food trailer, we'll call it the mobile food trailer, but it also contains, uh, an an embroidery shop. Um, it's an embroidery {slash} signage

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{slash} printing shop that's been out there for quite some time. I think they were issued a tenancy review about 15 years ago on that same property, same lot, uh, which is lot again, lot 20, uh, lot 22. There's a single family

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residence and the tenant within that residence is the owner of the embroidery and signage shop on lots 19 and and 20. Those are to the sort of the right and to the top of the of the survey

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that front on Fernhead. That's a sort of an undefined parking lot that serves lot 21. A lot 21 has actually two distinct buildings. It looks like one but one is a food manufacturer that received a tenancy review approval

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beginning its Cart Valley is the name of the company. They received the tenancy review I think back in 2006 and then there's a four dwelling unit apartment building so to speak on that's adjacent but it's in a

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separate building of course and that use has been out there >> [clears throat] >> for for a couple of decades at least. And that represents the uses on the subject property but tonight I'm here solely for use variance relief

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to have the board hopefully and respectfully approve the mobile food trailer owned by a Bill Parente who is the the principal of Talex Realty. There are a number of D variances which is why we're here because of several

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principal uses on these properties. There are multiple uses on these properties. Again, it's sort of a tight squeeze and this property has been has been working the lots sort of work together. The traffic works together which is somewhat de minimis and it has worked like this

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for several decades but we're here to clean things up and finally get this board's approval again respectfully and hopefully by the end of the evening. I have Mr. Parente who is the principal

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of Talex here to to and I have Mark Remza as our project planner. We're not seeking site plan this evening, so we don't have an engineer. Again, it's only Mr. Parenti and Mr. Remza. So, without further ado, I'd like

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to call up Mr. Parenti. Bill, if you would. Oh, and Peter, I being presumptuous with saying provided the United Affidavit of Service and >> You could be presumptuous with respect to that if you if you hadn't properly noticed, I wouldn't let you start, but I will say for the record I

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did review the Affidavits of Mailing and Publication and the board does have jurisdiction to hear the application. >> Thank you, Mr. Vignola. I appreciate it. >> Parenti, just slide that microphone over, please. Yes, sir. Thank you. Good evening, Mr. Parenti. If you could raise your right hand for me. >> [snorts] >> Do you swear the testimony you're going to provide is the truth, the whole

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truth, and nothing but the truth? I do. >> If you could state your name, spell your last name, and give us your address, please, for the record. William Parenti. P A R E N T I. Residing at 7 Cleveland Avenue, Monroe. Bill, what is your relationship to the

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applicant Taylex Realty LLC? The LLC is under my name, so I'm the owner of the LLC. And you're the sole member of the LLC? Okay. Yes. Want to I got it. I got it. I'll take care of it. Yeah. Go ahead. I'm listening.

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You can hold it if you like. >> Yeah, it's fine. And And Bill, when did you purchase the lots that make up this application? Again, lots 19 through 22 in in block 166. It had to be about 5 years ago during COVID. Okay. And when you first decided to operate

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the food trailer on the subject property, did you apply for a zoning permit? I did and I was approved. >> Okay. It was only for a limited period though, the the permit that was issued, correct? They They asked me and I told them I'd probably be there no more than like 1,250 hours a year.

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I'd probably be a little seasonal, depending on the weather, but 1,250 hours a year was going to be, you know, 20 hours a week, 25 hours a week. Okay, but at some point with further planning review, it was realized that

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this was another use on the property. There were not only were there multiple uses on the same lot, there were some encroachments uh within the front yard setback. So, we realized that we had to come before the board and seek the board's approval, correct? >> Correct. Okay. So, let's talk about the

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uh the mobile food trailer. Uh currently, is it used for food storage or food preparation or both? Well, no. Uh since they rescinded my approval, I've only used it as like a storage facility. So, at the hot dog stand, I do

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have canned goods. I'll have uh a bag of onions. I'll have a couple of cases of uh red onions. I keep all that shelf stable. It's inside on a shelf. I'll keep plastic spo- uh forks, spoons. I'll keep napkins, paper plates, anything I use at the stand. So, even

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though I haven't been able to work out of it, I pull out my cart, it's been convenient at least to have it on on hand. Okay. Describe the trailer, Bill. What type of trailer are we talking about? So, once I was approved, I then went out and purchased this trailer. Um I have

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receipts and paperwork. It is what they classify Okay, so I called up Department of Consumer Affairs, and DCA said to me, "In the state of New Jersey, you can only use a shipping container for shipping unless it's AC462 certified."

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The container they used for my build, it was built out with special doors, and it had an access like a walk-up window. That is AC462 certified. In the state of New York, you could build a house with it if you wanted to. But certainly not in One Row. Correct. Right. That we

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found out. So, I did spend the extra money. It's like double the price or triple the price, thinking I was doing the right thing. It's also what they call an F-coded type container. When it was originally used, it was used to transport food. So, they used that container, certified as

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and it's got to be certified AC462 when it was built. It's not like somebody looks it over and says, "I'm going to make it AC462." It comes that way. And that is an AC and I have document to show it's an AC462 container. >> is it meets the high government standards. >> the highest in a in a storage container.

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>> and Bill, what type of food do you sell? Uh we sell hot dogs with sauerkraut, onions, uh relish, all the toppings. I have had uh I've made hamburgers and I've done some sausage and peppers, but it's small finger food, small quick items. And what

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what are your hours and days of operation currently? So, since they rescinded on the approval, I'm really just there Friday and Saturday from 11:00 to 5:00. Clean up. >> And again, that approval was was limited, but let's talk about what you'd propose your hours and and days of

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operation to be. >> Um I would like to know, honestly, if I'm approved, I'm going to treat it like my concession stand that I can go there. I mean, I'm not going to look Listen, I'm semi-retired. I'm not going to be there 80 hours a week. If I wanted to be there 20 hours one week or I want to be

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there 30 or 40, I'd like to know there's no time restraint or limit to when I could be there. >> Well, we need to provide the board with with a range. >> Okay. I would say you want to say 1,500 hours a a year? Well, how about like 10:00 to to 6:00 noon to

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>> have really set set hours, but if you gave me like a 30-hour per week window, I think that's sufficient. That's that would be appropriate, you know? That would be about 1,500 hours. And if it had to be less or more, you tell me. >> It's a little tougher for the board and for the zoning office to uh

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to navigate through that and enforce that type of uh broad number. I think we need to give the board, as we've discussed, some a range as far as Yeah, a range of hours. I find >> 12:00 to 5:00 to 6:00. >> I find now usually there from like 11:00 to 5:00 a.m. 2 3 days a week. And so

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what would would we say are you there on the weekends? Right now Friday and Saturday for the last 2 years. Friday and Saturday. No. Okay. So you Would I want to be there? Maybe if I was approved there maybe. See, if you're inside you could work there if it's raining or snowing I could be in there. Right now on the street at my hot

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dog cart. You know, um I roll the cart out to the street. I'm working in the elements. If it's raining out I'm not going to be there. Okay, we can get we'll get back to that cuz I think we do need to pin down an actual number of days because the typically when we're before the board,

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the board needs to know and they don't give us this information we give it to the board to review and or approve or deny the days per week and the hours. >> Okay. All right. So if you're if you're at 11:00 to 5:00 you said? >> Yes. All right, then we would need to say Tuesday to Sunday? That would be

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fine. Okay. Okay, and Bill right now so what times of the year do you operate now? So I've only been there from the beginning of the season which is usually around April, beginning of April and I usually end up around the end of November around Thanksgiving. Once it gets too cold I

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can't be out there. Okay. Um Who uses the five spaces the five parking spaces that are shown on the survey adjacent to the the mobile food trailer? So I never really had those parking spaces marked out specifically

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but the tenants in the four family building 307 they those spots are closest to their door. And since the sticker chick at 303 spots with Englishtown Road she don't really have people coming she's not doing retail so she don't really need parking.

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So the tenants in the four family there's probably around five or six cars amongst them. There was about seven or eight spots there. They know they can utilize those spots. But they also use the lots the spaces on lots 19 In the back of the building? They can if they want. Carvelli might use those more. You

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know, okay. So now when someone comes operationally, how does someone pull in and and and stop and then purchase from you and then leave? So [clears throat] 307, 309, I call it Midstate Meats cuz that's what it was for years. It has a big driveway. A lot of my customers,

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some of them pull in and it's curbside delivery. I bring it right out to them, you know? Otherwise, they'll get out of that car for a minute. They'll grab their hot dog, they'll grab a soda, take some napkins, they jump back in their car and they continue around the back of the building. Okay. You never let anybody back up onto Spotswood

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Englishtown Road. >> Yeah, so they continue driving through and they come out on Fernhead. >> Understood. So we're going to per the uh planner's report, we're going to have to memorialize, if the board approves, a cross access easement Okay. >> among the lots to show that there's a

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one-way, people are pulling in from Spotswood Englishtown, it's one-way, and they're and they're uh they're leaving uh via Fernhead. Yes. So there's egress onto uh onto Fernhead. Okay. And I just want to add in 3 years, right, waiting or 2 and 1/2 waiting for this meeting,

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we've never had an issue there. You know, we've never had any issues with the police department, accidents, the traffic there's no traffic backups. It's it's it works well. Bill, did you propose any employees at the site? >> No, it's a one-man show. And you said there's no retail at the embroidery or a

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sign shop, correct? Correct. I just want to correct you on one question. If I'm sick one day and my daughter says, "Dad, can I go work the stand?" I might let her go work there, but nobody's on payroll. She's just going to fill in for me. >> And there's no uh retail at the at the food uh Not at all. No. Okay. And that's

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at 307 Spotswood Englishtown. That's at 309. The food Carvelli is 309. >> 309. 307 is the restaurant. That wholesale, they're USDA approved. Okay. And Bill, how do you propose to handle trash and recycling? So, we have an 8-yard dumpster on the property, which I

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pay for along with Cart Valley. They pick up at least once a week, sometimes twice. Okay. We've never had it overflow. We've never had a rodent problem on the property. Everything seems to be working very smoothly. Listen, I live in the neighborhood. I'm a resident of Monroe.

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I drive by and I look at that property. I want to be proud of what I have there. If anybody looks at old photos and looks at the current photos, you're going to see I put a lot of money in on that block. If I didn't care about the way things look and the way I operate, it wouldn't look the way it looks and I wouldn't care about the trash.

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Understood. Phil, one about last question. What about, at least for me, what what's your proposal for security for the trailer, if any? This is Monroe, not Flatbush, Brooklyn, so I really didn't think about much security. Um it's locked. If they really need to break in and get a pack of hot

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dogs, let them have it. I don't think I'm going to put an alarm system in there. All right, fair enough, Phil. That's an honest answer. Uh nothing further for Mr. Parenti, Mr. Chairman. You know, these are let's not forget these are like $4 hot dogs. When I started, they were $3. So, if somebody comes to rob me

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for the $150, take the money. I'll give you a free hot dog while you're at it. I may take you up on that, Phil. >> [clears throat] >> Mr. Remza. Unless the board has questions for Mr. Parenti right now. Let's let's get your professional. >> You got it.

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I do. Thank you. Yeah. Mr. Remza, do you swear the testimony you're going to provide is the truth, the whole truth and nothing but the truth? I do. If you could state your name, spell your last name, and give us your address, please, for the record. Yes, good evening. Mark A. Remza, R E M

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S A. Address is 10 Dewberry Court, Mount Laurel, New Jersey. We'll accept Mark's credentials. Thank you, Mr. Chairman. So, just for the record, Mr. Remza, since last you appeared and so qualified as an expert in the area of professional planning, have your credentials been detrimentally affected at all? They have not.

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>> And your license is still valid and in good standing? It is. Super duper. Okay, Mark, explain for the board what you did to prepare for tonight and and your planning testimony thereafter. Yes, good evening. I visited the site,

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actually visited several times, reviewed the zoning ordinance and master plan. I also spent some time with with Bill to learn about his proposed hot dog operation. And so

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doing all of that, I was able to come together with a outline to provide you with the the legal proofs for the the use variance. So just so it's clear that the property

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is in the NC zone. However, the one property which is um also lots I believe it's 19 and and 20. That's the back portion of the one that fronts along Fern Fernbrook. So

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Fernhead, excuse me. >> Fernhead, yes. That is actually in a residential zone. It's always it's always been there. It's in the R 7.5 zone and it's just parking. It's parking it's a split zone. It's parking for the um

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the the larger building with the apartments and and the food preparation company. Also, I want to make it clear that the proposal is where a container is not a trailer, it's

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actually a container. It's built so aptly described on how it was manufactured. So it's actually a container of the highest standard for food preparation on this on the site. So it doesn't have wheels, it doesn't go

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go go around um the only way it's portable is if you had one of those large machines that picked it up and put it on a a chassis. So, in terms of what's around the property, that's also important to understand. So, that

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to the north across Morton Avenue is is a restaurant, it's a Ryan's Pub and Sports Bar. To the east, there are single family homes on the 7

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7,500 square feet and smaller lots. To the south, there's medical offices across Fernhead. And then to the west across Spotswood English Town Road, there's collection of commercial uses. Hair salon, there's some automobile

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repair, farther down is House of Worship, and then there are also when I was there, there were some vacant stores as well. So, it's definitely a commercial corridor along Spotswood English Town Road.

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So, you heard the proposal that's to have Tuesday to Sunday with the hours 11:00 a.m. to 5:00 p.m. for the the hot dog stand. And so, the hot dog stand is actually aligned with

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the existing embroidery building. It was designed so that the the facades pretty much align up and the coloring of of the container also matches the the color of

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the facade of the embroidery building. And so, it's difficult to develop the sense of what the parking demand for this is cuz the container is so small, but

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we have the five spaces that if you were to drive off of Spotswood English Town Road, they're they're angled uh uh they're all the pavement is there. Just need to have the some of the striping and so that the patrons would come in, drive, park, and then they would walk and get

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their hot dog hot dogs or whatever food, drive around the back, and then and then leave just as the the property operates today. So, in terms of the variances, there's the um

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commercial use with the residential use. So, there's a use variance required um for for the mixing of all these uses. So, it's section 108-16-17A.

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And that's the NC zone, and then you have 108-6.11A. That's the um commercial zone. I'm sorry, the residential zone. We need to validate that we've got the

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parking for the commercial uses on those two residential lots, of residentially zoned lots. In terms of the proofs, the legal proofs, at the positive criteria, I I believe there are special reasons for this.

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NJSA 40:55D-2. I'm going to give you the small letter. I'm going to paraphrase the purpose of the municipal land use law that I believe that this application is is uh promoting. And then I'll give you some some of the reasons why.

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So, the first one I see is a G. And that's to provide sufficient space and appropriate location for a variety of of uses. In this instance, we have a commercial use that's being added to the NC zone. Lot 22 has had a long history of of of

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commercial use and residential use, quite honestly. Uh and then also the additional seasonal hot dog stand. Actually, the selling of hot dogs, if it was by itself, is actually permitted in the NC zone. Uh it's just that we have this mix of some

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residential cuz we have the house on lot 22 with the embroidery. And by the way, I did go back and try to find out when when all that was built and the house and the embroidery the building was built in 1954.

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Um and I was able to find that out on the New Jer- the Middlesex County website for uh property tax information. I could not find when the other buildings were were built, the larger buildings. But

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they've been renovated on the outside. So I'm not quite sure, but I do know that they've been there at least when I first came to Monroe back in '95. The buildings have been there. Uh in the in in the that such good condition as they are today.

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So the next one is I, promote a desirable visual environment. So the hot dog stand the addition of this stand it's unique. Actually, the the coloring and the facade of the hot dog stand actually blend in with the

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existing embroidery building. Um also, it's very small in scale. I believe believe in in Chris's report actually he he shows a a photograph on the second page and and that actually does justice

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because it shows how you have the two little tables out front and and the the the addition it almost looks like there's an addition to to the building. So I believe that it has a good positive visual environment a

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a environment. Uh next one is J. Uh that's to prevent urban sprawl. And so actually we're utilizing the property that's already been developed. Uh we're adding or have added a small concrete pad on

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which the that container sits. And so I think it utilizes and the property well. Uh the circulation works well. Um so in that sense I think that it

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is the proper use of of that land. Next one is M. M is to provide the more efficient use of land. So again this property has been been highly developed over the years. Um it clearly has a

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a commercial feel to the property even though there's residential in the in the back. I think that a hot dog stand um is a small addition that would count as the efficient use of of land.

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And so the last one would be A given that all of the prior factors I would say that it also helps promote the public health, safety, morals, and general welfare. So the next part of the positive criteria is site suitability. So we have to demonstrate that the site's

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particularly suited for the proposed use. Uh usually when you're looking at a property it's not built. It's on plans. It's on paper. So if you were to visit the site you would see how the hot dog stand fits in nicely with

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with the the site. So I believe that this site has sufficient space for this small hot dog stand. Um it has sufficient off-street parking to provide area for the patrons to park. Also

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it's located not only in the NC zone which is is or intended for for commercial activity. It's also on a county highway, uh which uh is designed to convey a lot of traffic. And so, uh that's the whole key to the

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NC zone is to have patrons uh come come to uh uh the uh commercial establishments. Um also, uh even though the property the one property split zone with the residential and the commercial, um uh the parking lot's been there for a very

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long time. Uh does need to be striped uh cuz it it hasn't been striped in a while, but uh if you visit the site, the site is never over parked. And so, I think the site can easily support uh uh the parking demand for that uh mix of

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uses. Negative criteria, well, we have to look at does this cause any substantial detriment to the neighbors? And so, uh uh I look at uh the surrounding uses that I described to you. Um I don't see any negative impact

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at all to the uh um the restaurant, the sports bar across Morton Avenue. As a matter of fact, I see a synergy where uh if there's patrons that want to come and get a hot dog, they certainly can do that. Uh to the east, uh I don't see any negative

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impact to the residents. This condition where the parking lots have been there for for decades. Um uh and if necessary, it's not all that difficult to erect a uh a privacy fence uh if necessary, but I really don't see any

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negative impact uh because the hot dog stand is is is close to Spotswood English Town Road and the residents are much farther away. Uh to the south, I don't see any negative impact at all from the hot dog stand uh to the uh medical office. And

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certainly not to the west where they have that collection of uh commercial uses. As a matter of fact, again, uh there's a synergy there. I think uh if there are workers or or um uh folks uh uh at the automobile repair shop, they

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want to grab a hot dog, they can they can they can do so as well. So, I don't see any substantial detriment caused by the hot dog stand to any of the surrounding uses. So, the last one is we have to look at does it impair the intent of the zone plan and zoning ordinance? Um

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well, the zone plan is for what? NC zone, commercial uses. This is a commercial use. Um this is such a small piece of the the property. As a matter of fact, I calculated the amount of area where the pad and the

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um hot dog stand is it's less than 2% of the entire site that's that's being going to be occupied by the container and those couple of um uh tables that that are out front. So,

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in terms of providing the goals and objectives of the 2022 master plan, it says achieve a balance of land use types and enhances the quality of life of the town. Well, this hot dog stand certainly

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is something that well, I think adds to the services to the town as well as to the local residents. And and and speaking with with Bill, I learned that not only does he have people driving there, but he has a lot of walk-up business. So, it's it's an

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it's a neighborhood thing. Um The other goal is to encourage appropriate commercial development in areas of population concentration. Well, certainly this is one of the more established parts of Monroe Township and certainly the

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commercial corridor serves the surrounding residential neighborhoods. And again, I think the hot dog stand [clears throat] is is complementary to that. Um and it says in also wants to encourage infill development. Uh while this

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property is is quite well developed, I I think the um addition of the hot dog stand is a is a good complimentary infill uh use on the property. So, uh I don't see any impairment of the zone plan or zoning ordinance by the addition

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of the hot dog stand. Um so, uh in conclusion, um I believe it promotes the purposes of the municipal land use law. I think the site's uh particularly suited for the hot dog stand. Uh evidence is just looking at it if you visited the site.

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Um it doesn't accrue any substantial detriment to the public good, which means the neighbors, and it does not I don't believe it substantially impairs the intent and purpose of the zone plan and zoning ordinance. So, I believe that the these variants can be granted. >> Thank you, Mr. Ramsa. And And, Mark, did

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you review Mr. Dawkins' January 14th, 2026 report? >> Yes, I have. [clears throat] I know there were a few questions that might remain unanswered like impervious coverage and building coverage. I know uh you have anything to expound on in regards to those? Uh if if anything, the impervious cover um I looked at the plan

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that was or that survey that had the uh area of the pad in the um uh uh container proposed on it. Again, um uh it's roughly 22 ft by 22 ft is what I could gather from the plan, which is 486

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sq ft, and that was less than 2% of of the property uh being covered. Mark, any objection to any of the conditions in Mr. Dawkins' report? Um I did not find any, no. No, I did not either. Uh Mr. Chairman, nothing further for Mr.

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Ramsa. >> Thank you. Chris, being they touched on you, please. >> [clears throat] >> Okay. Thank you. So, we issued a report January 14th of this year. Uh I have no objections to the testimony provided by Mr. Remsburg or the

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owner of the business with Mr. Parenti. I just one real question here just not so much a question as just um follow up to just to kind of wrap my head around what's going on here cuz you kind of there's a lot going on on these on this property and on these properties all together. Um

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just so I'm clear the lot 22 the initial property of this application includes the sign business or the graphics business the hot dog mobile not not excuse me not mobile the hot dog shipping container the business in question as well as a a residence in

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the back is all part of one property. Correct. Yes, that's correct. >> Okay, and then there's also the Georgian food business next door in the parking lot behind that. I'm trying to wrap my head around what is the relationship between all of these or is it all just on lot 22 where you're seeking relief right now or is

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this is there a relationship between that that the Georgian food business and the signs and the hot dog cart? There's a relationship between the two properties. All all owned by Bill and when we we discovered that there really

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was never any use variance approved for the back portion of the lots 19 and 20 for the parking cuz it's in the residential zone. We want to clean that up. Okay. >> And then since the two I'll call them the two parcels the one where you have

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the house hot dog stand and embroidery building and then you have the other building where you have the food preparation company and the apartments the way the site works and the flow of circulation they all work together, right? And

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the reason being is we want to have a one-way system off to get people off of Spotswood English Town Road and then come around on a public street where there's you know good lines of sight and and and leave it. So the idea is to have both together.

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uh not com- not not consolidating the properties, but uh have it so that um uh you legitimize the uses uh that have been operating on on both parcels over the years. And then at the same time um uh create a cross

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access easement. Because it it works that way now. Okay. And there is no formal cross access easement to to get that circulation Okay. So it's not the the written record is I'm sorry, Mr. Dock. Do you want to No. Go ahead. But the written record is a bit spotty. There's a 2006 tenancy review for the

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Georgian Food, but there's nothing that says that the residents and the Georgian Food Company or or that type of use may exist on the same property. So the a short answer to your question is this is a request for global relief uh among lots 19, 20, 21, and 22. >> To legitimize everything.

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>> Legitimize it. To legitimize everything. I mean, they've been out there for decades. I actually represented the seller when Bill purchased. Uh that's neither here nor there, but uh yeah, it's still to legitimize uh all the uses on site. Okay. And as part of that for the residents on lot 22, are

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is it your position that's a pre-existing non-conforming use, or are you seeking relief for that as well? Um well, As I said, It was built in 1954. I think the ordinance was in 1952. Okay. So before I got here. Yeah.

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>> [laughter] >> It even made a couple of years after. Uh so, it to assert that it's a pre-existing non-conforming use, we we would have to produce even more evidence on it. So I uh we're going to the variance. It's we're considering it a day. Yeah, I

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think we're we're trying to get a uh legitimize that as well all as one. Okay. Just want to make it clear what exactly the relief you're seeking, so it's [clears throat] all on the record so that in the event that the board does approve this application going forward, you have a clear record of what is allowed to be there. Yes. Understood.

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Um yeah, again, I don't really have any objections to the testimony provided. [clears throat] I'll reiterate that the the hot dog business otherwise would be permitted if not for the structure itself cuz restaurants, if they are fully enclosed, are are permitted as a principal use in

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the district. Uh same thing with the the signage business. Um are you planning on coming back for a site plan later or is it just you want to memorialize the existing conditions? I think it's the board's professionals and perhaps the board's position that we would come back. I I would like to limit it, of

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course, but that's I guess that would be subject to how I present the application and submit. I ideally I'd I like a waiver, but because the site is fully built, right? It's essentially all impervious. Uh I don't want to run a foul of what the board may wish though.

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>> I would defer to Mark in terms of any site plan issues if he's comfortable with the existing conditions or the way they've been presented. I did have a few questions over things like signage and and that, which if you're going to come back for site plan later, we could defer that to a a site plan. But, um

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Or or or a sign permit. Right. >> Or or just sign it permit. >> Sign permit. I think sign it permits would be the route we would take. Do you know a good signage guy? For the hot dog stand? I'm kind of joking since you're next to the guy. >> Yeah, it's a it's in the I use I use a separate awning. An umbrella. [laughter] People see the blue and yellow awning a

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mile up. Spot's going to Umbrella's down, they don't come. Okay. But yeah, we would >> But I one day want to say, "Hey, I got a 200 ft Yes. Yeah. You're going to get to that mic. Well, actually [clears throat] I don't think this would Well, on an ad hoc basis we would issue we

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would submit sign a sign application for sign permit. >> if we have to come here to get a relief, we we would. Uh yes, correct. And I'll defer to again, I respectfully request a waiver of site plan, but if if Mr. Rasumo thinks otherwise, I would not

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uh uh belabor that point or argue against it. And one last not so much a question, but a point that I The impression I got from your testimony was that you want some flexibility in your hours of operation. You're not looking to lock down you operate exactly from 11:00 in the morning till 5:00 on

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certain days of the week. I just I'd like to have this be clear on the record that I think when Mr. Toto was asking you about your hours of operation, typically at a zoning board hearing what we're looking for is more how late are you going to be open? Are you going to be open at midnight or something like that or 24/7? I've had a lot of requests from

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Ryan's Pub, "Why don't you stay open till we come out of the pub we want to get hot dogs." But I said it's too late for me. I'm 57. I'm not looking to stay out that late. I go to bed at 9:00. So honestly if I can have till 5:00 that's even 4:00 and it takes me about an hour

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to clean up. So by 5:00 I'm gone. I mean frankly I guess what I'm trying to get at here and I've seen this happen in other places where a sandwich shop was approved through a use variance and the owner of the sandwich shop said, "Yeah, I'm usually open 11:00 until 4:00." and then Then he pushes it. That was put in the resolution of approval that they

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were only allowed to be open till 4:00 and I don't think it was really the board's position that they didn't want a sandwich shop open at 5:00 in the afternoon. But Right. For your own benefit here I'm I'm getting at maybe the so that the record's clear. I wouldn't want to limit your business

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to exactly 4:00 in the afternoon if you wanted to stay open until 5:00 because if if this board approves a resolution that says you're limited from 11:00 to 4:00 and you wanted to stay open till 5:00 you'd have to come back here just to ask to stay open an hour later and Yeah, I I would like that flexibility to have the extra hour. I don't see myself

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being there till 6:00, 7:00, 8:00 at night, but 5:00 would be realistic. So we would have a man we would have a man so let's say 10:00 to 5:00. time where you you'll say I'm not going to be open past you know 9:00 or 10:00 at night or something. Definitely not. Okay. Not even close to it. >> So Chris talking to Walter

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I mentioned to him it probably cuz you want to have time to get there set things up and then clean up. >> Yeah. 10:00 to 5:00 would probably be the most appropriate hours. All I'm getting at here is I don't want to to see the zoning officer of the town have to go out there to shut down a hot dog

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cart at 6:00 because your your approval said 5:00. And I don't I don't think that's what we're Right. necessarily looking to do here, so. We just trying to confirm you have reasonable hours of operation. Thanks, Peter. I knew you'd want to know if you're planning on being open 24/7 kind of thing. It's not a hot dog stand at 4:00

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in the morning. Okay. I I've got no other questions or comments. Thank you, Chris. Mark? Thank you, Mr. Chairman. Uh board's in receipt of my August 4th, 2025 review letter. Um are you agreeable with the terms in that

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letter or the comments? And I'll jump right into the site plan. You used a word legitimize the site and to clean it up. So, I think a site plan does that as well. Um and get you you know, a completely legitimized should the board approve it. Understood.

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>> get you legitimized and uh uh it cleans up the whole site. Mark, I I guess my Yes, and I also already said to the board that I would acquiesce to whatever demands you have and it's reasonable, certainly. I would just I I of course

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like the opportunity to request and I always have this opportunity. It's submission waivers, design waivers, as the case may be. Given the nature of the site, the age of the buildings, all of that. I don't think there are any storm water management issues out there. I wouldn't want to get wrapped up into We're not really changing anything. I

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know there's been some additional pervious that was added, the concrete uh stand. >> Less than 2%. Uh correct. So, having said that, I will submit Would it be Listen, I know a minor in under the ordinances what only 300 square feet?

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>> Yeah. I think we're above [clears throat] that. So, it'd be a preliminary and final. Uh I don't mean to be flip about it because it's an important issue, I understand. Um so, yeah, Mr. Chairman, we would agree to come back. I would just as a

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heads-up to the board, if it helps to make the your review of this project now, I would certainly ask for a great deal of waivers because what we're talking about ultimately is a is a food container. And substantial site plan may not be

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warranted in this case. But having said that, we'll work with the board and and your professionals, certainly. Mr. Chairman, and I think that's reasonable. There would be a lot of waivers that you would be seeking at that time. But again, to have that that plan that

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goes along with your use variance, I think it's important in cleaning up the site and legitimizing, you know, the whole property. >> Fair enough. And while you're used to this, um having said that, a couple things I wanted to just clarify for the record, um are you going to be selling out of

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the out of the push cart or the container or both? Uh push cart push cart only. I was selling off the I was selling off the cart now because I'm not allowed to work inside the container, but if the container got approved, I'd like to ultimately be selling hot dogs

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in the cart. They do make a steam table that would basically mimic the mimic the same thing a cart does, and I would do it inside. I have a walk-up window, allow customers not to have walk into the container. It's locked. Only I would be in there, but they can walk up to the window and I can hand them something right outside.

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Thank you for clarifying. Also, there's you're going to have tables and chairs. I think I heard that mentioned. They've been out Yes, they Yeah, they exist they they they they exist. >> Number of tables? Yeah. Two. Two. Thank you. Um hours of operation you clarified.

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Last thing, construction permits. You'd you'd have to seek any construction permits that are needed, electrical, Of course. plumbing, whatever you got. I'm assuming you have electricity, you're not running off a generator for the container. I think that's a So, when we were approved, JCP&L gave us a separate meter

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just for the container. We haven't been using anything because we weren't allowed to be in there. I had spoke to after we initially got approved, I went to the construction department to get a permit. The container came with basic electrical panel in there and almost like you could

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see in a a trailer park like a laundry drop comes off the container with a module goes into a power plug. So we're not off a generator. But once we got denied and we were told we had to go for a variance, we stopped using it and we put everything on hold. Construction said to me, even the health

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department said, "Let's just wait, see what happens with the variance." And this was when Joe was involved with zoning. That was almost 3 years ago. We'll get to the approvals when we get to the comments that are necessary. >> Yeah, of course. If I inside, it's studded out. I wanted to put stainless steel walls, do it right. That would all be with permits. Okay. So assuming you

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get approved tonight, then you need to seek your construction permits that you need from the construction department. >> Yes. Absolutely. Uh Mr. Chairman, that's Uh oh, I'm sorry. And a lot consolidation, you say you're not consolidating the two lots. Are they >> Correct. We will provide a cross access easement is still marked for your

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review. And and Mr. Vignola and Mr. Dockerty. That's it, Mr. Chairman. That's all I have. Thank you. Thank you. Any board members have any questions for the applicant? I have In order to maintain the uh the positive attitude of the neighborhood,

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uh would it be better if you well, I don't know if I'm using the right word, better. Uh have you uh surveyed the residents in the area to determine whether they approve of this site being

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a stand, a hot dog stand? Mr. Batman, I think many of them are behind us and you'll have Well, I'd like to hear from some of those persons. When we get to the public portion, of Batman. Right now I'm seeking comments from the board members. So, that's a good question. That's my question. Yeah. Um

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every every day that I'm at the stand and I'm setting up your hot dog with onions or sauerkraut, it's more than just selling a hot dog. I open up to people. People come to me who might have lost a family member, a divorce, they open up. I can give you a a list of 50

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people that come to sit at that bench for nothing more than just sit and talk. And on a good day you drive by. So, I know they're very happy having me in the community. >> social worker's license? I do not. I do not. Um but I could probably talk my way out

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of a cardboard box, so that helps, you know. Um I'm from New York. I'm not doing the hot dog sales to make money. I kind of retired a few years ago and I'm doing it for the people. The money, I mean, a $4 hot dog after expenses, there are days I go home with

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$50. But I do it for the people. I do it for the community. And I've posted quite a few posts online. We thought we were having a hearing a year ago, 6 months ago, and the outpour of support, even out there today on the Monroe Township

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NJ page on Facebook, you'll see 50 or 100 people supporting it. This is an open forum. If there's somebody here who doesn't want me to be there, they have the right to come up when you're ready and they could speak out. But I think we've had a very positive, again, we're

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not looking for approval to try something new. We've been doing it for 3 years, and I'm killing myself working off that stand. >> You know, I commend you for what you're saying and what you want to do, and it's not my comment doesn't have anything to do with the fact that you

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want to do what you're doing. It's the concern about what this does to the neighborhood from a from uh the fact that it's a pushcart with an umbrella on a corner. Uh to me You know, I grew

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>> line. Interior line. It It's not It's not going to be a push cart anymore. Well, no, he changed When I heard the fact that he changed it and you might do an inside with a walk-up, then it becomes a restaurant. That's It was tables. That's a whole different picture than a push cart. So,

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my concern is do the residents approve and enjoy the fact that Bob is there doing what he does. That's my concern. >> I think we're going to hear that. Yeah. I just want to say for the record, any delay in having this application heard

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is due to the applicant's attorney, who shall be nameless at this point, and is the applicant's I don't want to speak out of turn here, but the surveying This board has been waiting a long time. We have not been waiting for you guys. You were waiting on us and and our professionals, not Mr. Remza, and it

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took some time to navigate through that. So, I just want to make that clear for the record. Any other board members have questions? Lou? No. You mentioned that you will have tables >> Put your mic on, please. I'm sorry. From Charles St. Mr. Jaffe. >> Yes, Mr. Jaffe.

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Uh tables. Okay. Uh I believe you mentioned that you'll have containers in front of the Pardon me. Tables in >> A bench. A bench. >> Correct. >> Will it be chairs any uh No chairs. The benches I have a

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Rubbermaid plastic weather-resistant uh like park bench. It's a small bench, about 6 7 ft long. I put two of them there. Um When I'm there, I put umbrellas in there. People could sit. They'll get out of the sun. People walk by and they'll just take a break with their dog and sit

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for a minute. Maybe they got to fix their shoes or their socks or, you know, and I mean, it I leave them there all year round because they used all year round, and I know that because when I go there to sweep up or clean up in November or December, I could see that somebody might have

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left a coffee cup. So, I do my periodic cleanups. You know, it it works well. Like I said, the one thing I think I have in my favor is that we've been doing this now for almost 3 years. So, if any issues were to come from my performance, I think we

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would have as a township, we would have heard about it. The police would have been notified. There would have been fights or riots, and there's none of that. It's just a nice community spot. Everybody loves it. The church across the street, they support me 100%. All the businesses there. And like I said, I

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live in the alcohol section. It's right there. I'm 15 blocks away. So, I wouldn't do anything to hinder my own neighborhood. Okay. Now, you mentioned you don't anticipate being operating after 5:00 p.m. No, I do not.

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In that case, will you have any sort of lighting? Or will there be no need for any lighting? There's There's going to be power in the container, so I'll have >> Mr. Jaffrey, that's going to come to a site plan. That's not here for the use of a container. So, when the time comes

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and we get to a site plan, that's when we'll discuss that if it even gets to that point. We still need to get some questions out, get the public up, and get it to a vote. Okay? Okay. Thank you. Thank you. >> Thank you. Thank you. >> Thank you, Mr. Jaffrey. No. Two quick questions. Yep. Would you ever

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have both the container operating and the pushcart at the same time? There's no reason for that. No. Okay. Thanks. And I see mobile food trailer a lot in here, and then I see this picture of wheels. What is that about? So, I'll answer that. So, when I was first

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when I first got approved, 1,250 hours, I think it was Chris Evans, they signed off on it. Then they came to me, construction came to me, and they said, "Oh, you know, it's not mobile. You know, you're calling it mobile." So, the first thing I did was and then they said to me, construction, "You're not even paying taxes over

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here." So, I called the tax department. They came out to assess. They raised my taxes on that 200 square foot patio of concrete. And there was concrete there. It was all broken up, but I put new concrete. My taxes went up accordingly. And then I showed construction and zoning that they make caster kits for

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these containers. The truth of the matter is, I'm not putting wheels on it and moving it myself. It's a heavy container. It's a few thousand pounds. But at that time it didn't work. And I had to speak to a Joe Strawn. Um Mr. Strawn, he said just go for a variance. He made me feel like it'd be a

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3-week wait, and we get this box stock and barrel. So, you might have gotten some old footage, some old photos. But they do make casters for it. Um I do have some shims under the container. It's not even touching the concrete. So, it's really off the floor. >> Just to answer Mr. Lupo's question,

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there there are no wheels. No, that's a dolly kit that's available if I wanted to put it on wheels. >> Yes, correct. Thank you. Any other board members any questions? >> Mr. Lupo, my bad. Okay, I'm going to ask you to take a seat. Anyone from the public wishing to be heard on this application and this application only,

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please come forward. Sir, if I could just swear you in before you make any comments, if you could raise your right hand, you swear any comments you make are the truth, whole truth, and nothing but the truth. If you could state your name for us, spell your last name, and give us your address, please. Uh Nick, N I C K Bellucci, B as in boy,

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E L L O C H I, 3 Agnes Court in Monroe. So, you were talking about people in the neighborhood who wanted uh wanted a not want the the hot dog stand, and I got to tell you,

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anybody who does what Bill does on those weekends, those hot weekends, standing out there selling hot dogs, has to love it. And he loves the community. He loves the people. People come up and talk to him. It's a great place to go somewhere on a Saturday or Sunday or or Friday. He's

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not there any Sundays. And just, you know, grab something and talk to him and, you know, on the way to the store and go back and forth. I've gone there a couple of times. And really, you know, had nothing to do, sat there, had a hot dog, and it was a great, great time. So, you know,

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I think you you you look for somebody who is a a value to the community. He's a 1,000% value to [clears throat] the community. And he's an asset to the community. And, you know, I think that um you should approve him, and it'll be good for everybody.

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Thank you. Thank you. Thank you, Mr. Washington. Young man, please come forward. Maybe, sir, if I could swear you in quickly, if you could raise your right hand for me. Do you swear any testimony you provide is the truth, whole truth, and nothing but the truth? Oh, sure. Yeah. >> If you could state your name, spell your last name, and give us your address, please.

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>> I'm Dr. Jo- You can just hold it. That's fine. Dr. Joseph Pedulla, p a d u l a, uh 17 Butternut Lane, Monroe. Uh my comment is simply that I have two autistic boys, and we look very much

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forward every weekend to going and spending time uh at Bill's place and having hot dogs there. They look forward to it. He's always been very friendly and very good and very accepting to them. And it's a very positive experience for them and a very positive experience for me.

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That's my comment. Thank you. Thank you. Anyone else from the public, please come forward. >> [snorts] >> Good evening. If you could raise your right hand for me. Do you swear any testimony you provide is the truth, whole truth, and nothing but the truth? If you could state your name, spell your last name, and give us your address, please. My name is Amy Beck, b e C K. Uh

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307 Spotswood English Town Road, Unit 1B. I am one of his tenants there. I've been there for over a year. I've seen him operate his stand. It doesn't do anything to anybody that lives in that apartment complex. It's

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not noisy. It's very inviting. There's always people out there. It's very neat. It's very clean. And like everybody has said, people come there, they get some hot dogs, something to drink, you know, have a rest with their dog or their pet. And I don't see any reason why it

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shouldn't continue because it is great on that corner. And I've lived in Monroe for 20 4 years. So, I don't see any problems with it. Like I said, I live right there. It's not a problem or a hassle or a noise.

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It's very neat and clean. He is gone by 5:00 because when I get home, he's gone. So, I can attest that, you know, there won't be any hours after, you know, like I said, I get home, he's already gone, it's already clean, there's no garbage,

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there's no, you know, remnants that he was even there. So, I just wanted to let everybody know that. Thank you very much. Anyone else wishing to speak heard, please come forward. >> [clears throat] >> If you could raise your right hand, do

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you swear any testimony you provide is the truth, all truth, truth, and nothing but the truth? If you could state your name, spell your last name, and give us your address, please. Sure. Mary Lou Earl, E A R L, 27 Park Avenue, Monroe. Um

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I My husband and I enjoy going, having a hot dog, sausage sandwich. It's really delicious. Um he takes time to talk with you for a little bit. He always keeps the area very clean. He's very professional and I hope he is able to continue to do

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so. Okay? Thank you. Hopefully more days. Anyone else? Thank you. Thank you, sir. >> [clears throat] >> Seeing there's none, I'll make a motion to close the public portion. Do I have a motion? Second? >> Yes. All in favor? I. Okay, board

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members, you have an application before us for approval or denial. Do I have a motion? Mr. Lupo. I don't have a problem with this applicant. Mr. Chair, I do I do want to refer a question to our engineer, though.

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Because the applicant is so small, 300 square feet, and they already related to the fact that they're going to have a million um questions coming in. Um we're going to wave the My My opinion is this is to wave this um

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site plan. I Why Why In your motion, you could put that we can put the onus on our engineer and we've done this previously where Lockwood uses his discretion as to what needs to be cleaned up or is changed. So

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I Why Why Why have the individual incur another expense? You know, it is what it is. So, my motion is to approve this application with the question going to our engineer if it's up if it's, you know, satisfied to him. The only thing I would add to that is that the the applicant's

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application was for a D1 use variance for the various uses. There was no request in the notice for a waiver of site plan. And while the applicant did include any and all other relief that the board might deem necessary for the application,

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a waiver of site plan wouldn't usually be one of those items that would be part and parcel of a D variance kind of at the tail end. So, it would be something that they would have needed to ask for up front. Otherwise, people don't know that it's something they're looking for. Um so, I would say that to Mr. Toto that

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um you know, uh certainly he can make that ask of the board, but they do run the risk of someone coming along after the fact and saying you didn't notice for it had had it you get it from the board. I would I would formally make that request verbally amend the application and

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tonight's under that uh omnibus uh language in the notice. Certainly running the risk of it being exposed to a potential appeal, but I think it's uh we'll we'll take that risk. >> So, that would cover Mr. Lupo's premise of what he's looking to put forward.

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>> it's just a question of whether or not Mr. Resnick has anything he'd like to add uh cuz I know Mr. Lupo did ask for his input. Well, do we want to add something before we go to a second and move on or Well, Mr. Chairman, I was I was just going to add, you know, my comment before was, you know, I was asked a question about site plan and

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that's what our ordinance requires, but certainly this board can waive site plan. It It's under your jurisdiction to do that, certainly not mine. Um and this site it it is it is very unique. I mean, the area uh that has changed over the years is just where the hot dog cart is and I

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believe Mr. Remsa pointed out that that was about 2% of the the entire site. So, it's a very small portion of the site. So, certainly I think near um giving those facts and the uniqueness of this site, if the board chose to waive site plan, I I don't think that's uh

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that that's anything unusual to uh to grant that um waiver of site plan giving the fact that it's such a small area of the entire property where everything else is not changing and it's operated for for decades. Okay. >> So, so you're not setting a precedent. That's That's what I wanted to say.

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You're not setting a precedent. So, Mr. Lupo, is that Is that Is that Is that okay with you? Okay. Do we have a second? >> second it. Is there a second? Madam Secretary, roll call, please. Mr. Masters? >> Yes. Mr. Lupo? Yes. Mr. Bustamante? Yes.

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Ms. Caratori? Yes. Mr. Tanzi? Yes. Mr. Giaffo? Yes. Chairman LaFaive? Yes. Thank you very much for your time this evening and and the approval. We appreciate it. Thank you. Don't say that. Thank you, folks. Okay, we'll give them a second to clean

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out. Are you staying for Okay, so we're going to give you a break and give them a few minutes to get set up as well. So, we're going to adjourn for 10 minutes. 5 minutes. I got >> Mhm. >> 5268 there's 26 Jasser Ali

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represented by Mr. Klaus. Good evening Mr. Chair, members of the board and your professional staff. Peter Klaus are for the record with the firm Halpern Paper on behalf of your applicant. Uh this is an application for bulk variance relief to construct a single-family home at one Sienna

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uh in Monroe, which is off of Brandon. Uh what's unusual about that is Sienna was a paper street that is being improved by a neighboring developer who's building a house that this board previously approved. I actually think I might have been the attorney, but it was quite a while ago.

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Um so the property right now fronts on a road that's under construction. Uh however, it will eventually be to township standards and taken over by the municipality so it'll be a public roadway. The problem that we have is that the lot is a little narrow frontage and width. We have enough area

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uh but the lot's narrow. So part of the request, which this board is familiar with, is for hardship relief because without variance relief we couldn't build uh the house on the property. Uh in order to support that request, I have to reach out to my neighbors and say, "Can I fix this problem?" Uh I did

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that. I sent those letters out quite a while ago. Uh the neighbor that's building the house did not respond. The neighbor that is on Brandon, Mr. Fallon, is here this evening. He did reach out to us and I had the pleasure of meeting him out at the property back in March

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and we came to an agreement to build um a berm and some greenery along the rear of his lot, which would be along the side of our lot. Uh Frank, who's here, will explain it better than me. And then along Sienna Place, we also agreed that we would put in a fence um to give him

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some privacy, but all of those improvements would occur on Mr. Fallon's property. Um so, I believe I've adequately addressed the requirements to reach out to our neighbors. So, you have a single-family home in a residential lot uh on what was a paper street and now

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will be an improved road. And because of two existing uh pre-existing conditions with regard to lot width and lot frontage, we have to come in front of the board and ask for variance relief. Uh my witness this evening is Frank Antosel. Uh Frank is both a professional engineer

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and a professional planner. He will testify in that capacity in both of those capacities this evening. So, if I could if I could have Frank sworn um place his credentials on the record as both a professional planner and a uh professional engineer, and then we can get started.

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Do you swear the testimony you're going to provide is the truth, the whole truth, and nothing but the truth? Yes, I do. >> If you could state your name, spell your last name, and give us your address for the record, please. >> Sure. It's uh Frank Antosel, A N T I S E L L. 12 Concord Drive, Kendall Park, New

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Jersey. And Mr. Antosel, would you be able to share with the board a little bit about your licensing and your educational background so we can get something on the record? >> Sure. I have a bachelor science in civil engineering from Widener University. I have a master's degree from Stevens Institute of Technology. I'm a licensed

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professional engineer in the state of New Jersey and also a licensed professional planner in the state of New Jersey, and I've testified before this board and the planning board of Monroe, and probably close to 75 other boards in the state of New Jersey over the last 32 years.

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>> We'll we'll accept your credentials as a professional. Thank you, Mr. Chair. Frank, if you could just start let's locate the property and identify what the applicant's proposing. So, we have engineer hat on right now and then we'll switch to to planning hat. It's on.

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There it goes. All right. Um this is the same plan that was given out, so I don't know if we need to mark it. Bring the Bring the mic closer. Okay, can you hear me now? All right, so the property is known as lot three, block 109, and it's also

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known as one Sienna Place. Uh, the property is 43,264 square feet in size, and is located in the R-30 residential zone. The property will have frontage on Sienna Place, which is currently under

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construction. Sienna Place comes off of Brandon Avenue, and it's on Bran- it's on off of Brandon Avenue, in between Deborah Court and Verdi Road. Um, the Sienna Place construction is being performed by the

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owner of three Sienna Place, which is this house right here. Uh, currently, if you go out there today, you'll see that the curb has been placed, and the asphalt the base layer of asphalt is in place. Um, in addition to that, once construction of that road is complete,

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sidewalk will also be along our side of Sienna Place, from Brandon Avenue down to number three Sienna. Um, the property is 104 feet in width, and is 461 feet deep. Uh,

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as our attorney mentioned, there are two bulk variances. Both are for preexisting conditions, for lot width and lot frontage. Uh, your ordinance requires 150 feet. We have 104 feet that is

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existing. And as, um, Mr. Klauser said, we tried to buy property from this property owner, and this property owner. We contacted both of those properties, and neither one was willing to sell us any additional property.

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Um, yeah, proposing [clears throat] to construct a five-bedroom house. Um we're required to provide 2.5 parking spaces. We are proposing five parking spaces. So, we actually are proposing double the number of parking spaces

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required. Um we've had the opportunity to talk to your engineer. We've gone over the report with him, and we agree to comply with all the condition all the requirements that he is requesting in his report. Um

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and in addition, our wetlands expert uh has walked the site and has agreed to comply uh provide a letter indicating that there are no wetlands or buffers on the property. And as Mr. Klauser talked about, the

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property owner at Brandon uh Avenue has requested that we provide a fence along Sienna Place, and also provide additional landscaping along the common property line.

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And Mr. Chair, I provided Mr. um Vignola with sort of a detailed email chain, which includes uh all of those improvements, which I imagine will make its way into a resolution should the board uh grant the application. And Peter, if you need that again, I can certainly give it to you. And just for

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the record, Mr. Chairman, I was provided with a uh recitation of what the anticipated improvements to the adjoining property would be, um and they are consistent with what's been to the board tonight. Um so, if the board were inclined to grant this application, those would be included in any uh

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resolution of the board. Thank you. Um not a lot of heavy engineering. Um as Mr. Antoshal pointed out, we would comply with the comments in Mr. uh Razumov's reports, and some of those were um with regards to maintaining drainage

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patterns and things of that nature, and And you have no issue or no concerns with any of that? Uh no, we can easily comply with that. There was a little bit of a mention in um your planner's report about a side yard setback for a bump out in the building, but it's my understanding that when you have a bay

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window in Monroe, there's some relief uh when it's lifted up off the ground, so we don't actually require any side yard uh setback. And I'm sure when we get to uh your planner, he can perhaps comment on that. Um Frank and listeners, anything else you want to add about the physical nature of

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the property? I would ask if you could just talk to the board a little bit about the the ordinances and the planning support for a hardship and back the board up. I think you were prepared to provide some C2 testimony uh as well. Um yes. So, when we look at the this

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property, again, it's in your 30 residential zone. The properly property is currently a vacant lot. The subject property is surrounded by residential uses uh to the immediate north, south, east, and west. Uh

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the project has two bulk variances. The two bulk variances are both pre-existing condition. One is for the minimum lot frontage of 150 ft where where 104 ft is provided and minimum lot width where 150

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ft is required and 104 ft is provided. Uh the municipal land use law allows the zoning board to grant a C1 variance or a hardship variance when strict application of zoning ordinances like setbacks and lot size cause unique and

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exceptional hardship due to the property's narrowness, shallowness, irregular shape, or exceptional topography. And as part of this, we need to prove that the hardship is tied to the land and not to personal circumstances.

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And in our case, the hardship is an existing undersized lot um and is considered an infill lot. We've reached out to both of the property owners on either side. We can't add to our property. So, one of the things that

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we've done is we've tried to design a house which doesn't require any additional bulk variances. So, the only two bulk variances that we are requesting are both existing conditions. We're able to design a house and and construct the

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house with no additional uh bulk relief that is needed for as part of this. Um and when we we do this, we have to look at both the positive and the negative criteria. When we look at the positive criteria, there are special reasons that

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support the variance that we're requesting, particularly special reason G to provide sufficient space and appropriate location to a variety of agricultural, residential, recreational, commercial, and industrial uses. Um in our case, we have an existing vacant lot which is surrounded by

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similar residential uses and is considered an infill lot. And special reason I to promote a desirable visual environment uh through creative development techniques and good civic design and arrangement. And in our case, we have designed a house that's

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similar in character to the surrounding residential houses. And special reason K, which is to encourage planned unit development which incorporates the best features of design and relative to the type design and layout of residential development to a

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particular site. In our case, we have designed a house that fits on the lot and it doesn't create any new bulk variances. Um we also need to look at the negative criteria. And there are two prongs of the negative criteria that we have to look at when

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granting a variance. And one is that there's no substantial detriment to the public good and no substantial detriment to the zone plan. Um when we look at no substantial detriment to the public good, in our case we have an infill lot, um, which is

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vacant and which a permitted single which is a single-family dwelling is permitted on. And that's what we are proposing. Also, when we look at the character of the area, our uh our proposal is in line with the

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character of the area. And on-site parking is provided on the property. In our case, we're actually uh proposing double the on-site parking required. And then with as far as the zone plan goes, the proposed use actually promotes and enhances and fulfills [clears throat]

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uh several goals and objectives of the town master plan. One is it to achieve a balance of land use types that maintains and enhances the quality of life in the township. And also to encourage redevelopment and infill development

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where it is feasible in Monroe to promote more efficient use of land and an existing infrastructure. So, we believe that we uh meet both of those um As far as negative criteria goes, we believe we don't there really isn't any

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negative criteria cuz we're in line with both the zone plan and also um we we are not proposing any detriment to the public good. Thank you, Frank. I'd like to highlight two pieces of your testimony. Number one is we have a lot that's uh exceptionally

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narrow. Those are the the legal terms, and yet the house has been designed so as to respect the municipality setbacks both as the side yard and front yard. That's correct. >> That is correct. >> And that must enhance your testimony that the lot that the the proposed use is appropriate there and and and fits on

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the lot. Yes. Right. And then the second part with regard to the negative criteria which involves the effect of the uh property on the surrounding neighborhood which has been defined by our courts as our neighboring properties. Um is your testimony enhanced by the fact that we've worked with our neighbor and created a plan to

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respect his uh privacy and lot? Absolutely. Mr. Chair, it's a pretty straightforward application. I know that this is only board has seen many of these in Monroe with these old subdivisions. Um I have no further questions for Mr. Antz at all. He's available to the board and your professionals for any questions

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you may have. Thank you. Chris, we're going to start with you, please. All right, we issued a report dated March 12th of this year. Uh I I apologize for this. We do have written in our report that the side yard setback variances are needed. I had not updated that since we they met before the TRC. They are correct. Your code

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allows for encroachments into the uh side and rear yards as well as front yards for certain things like porches, chimneys, and bay windows. Although just uh for the record, if it um if that bay window, if it goes all the way down to the ground, it's a bay window. If it is up higher above, it's technically an oriel. That's me putting

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on my uh architectural historian hat. I've had many classes in that and that got pointed out to me. Very misused term, but either way, the idea is there. Uh so the variance is actually required here for the minimum lot front engine lot width. And that is I've uh provided here the testimony I have no objection to. It's

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an existing lot. The width and frontage are there. Uh there is case law, a few different cases that say wherever that's the case, so either an undersized lot or a lot that has insufficient width, the appropriate question to ask is whether they've tried to remedy that situation by acquiring additional land. They've indicated they have made attempts and

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that have been unsuccessful to acquire additional property to bring their lot into conformity. So they have an existing essentially an existing non-conforming lot. And it is in a residential district. They're proposing to build a single-family home. Uh there's more than enough space on that lot still to build a home that would be uh consistent with

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the neighborhood. They're not required any other variances for any other setbacks. Um I do have a question. You you did you there's going to be a fence. Did you say along Sienna Place? Uh yes. As in along the front edge? Or along along the side yard between you and the neighbor? It's actually along

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the um front edge that the neighbor's side yard has on Sienna Place. Okay, so it's not on your property is what you're >> Correct. The neighbor has asked that we build this on his property along his front his side yard of Sienna Place.

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>> Okay, so I don't know if that's really part of this application or is that just an agreement you have with that neighbor? >> It's an agreement that we have with the neighbor. We just figured we would mention it to the board and ask that the board grant us approval as part of this to do that.

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It's more um uh proofs in support of the application and our respect for our neighbor. Okay, so I want to clarify that it wasn't along the front edge of Sienna Place. Um I have no objection to the testimony that's provided. I I don't think I have any other questions or comments. This is

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a single family home on an existing lot that is under sized or not under sized under width and front edge and that's that's really all this is. Thank you. Mark. Mr. Chairman, they've agreed to meet the comments in my review letter. Just some grading comments and drainage.

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Um The uh let's see. The agreement with the neighbor, can you just clarify cuz I got a little confused. Is it Is it on your side yard that you're adding landscaping or No, yes. Our side yard his rear yard.

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Technically Mark, it'll be on his property. Wait, wait, so So it's his rear yard. We're going to put a berm in those green giants. >> going to go on his property and do that and that's going to be worked out. >> Yeah, with us. Yeah. Okay. And then did you say you were providing something along uh Sienna Place? On his side yard

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to provide a 6-ft vinyl fence to block him from the newly constructed roadway. So it's along his side yard from the the back of his property up until the garage. >> Uh there's a shed. There's an outdoor shed. That's where it would be. And all And

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the fence would be on his property and his responsibility. >> a replacement of an existing fence? >> There's no existing fence there. He's got some shrubs there. So, that variance is I'm assuming they did not notice a a variance for a fence or a variance for a different property.

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Okay. And is the landscape >> did not. And and obviously he with that applicant that wasn't part of the application. Uh so, if he has to go get a permit for the fence and that requires further relief from the board, we'll have to address that. I did mention it to Mr. Fallon that it could be uh an issue would be subject to the board's

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approval, but this is all, you know, good-natured, you know, trying to be nice to our neighbor. Right. So, so there would be a permit process you'd have to go through and it may trigger coming back here for that fence permit. >> Um but that road was put in, I know that. That neighbor was at the hearing

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for when the road went in as part of that application. >> represented Mr. Fallon here. >> been represented by our firm. Is any landscaping going along Sienna Place along in front of that fence? No, that's not proposed. Okay. Um but Chair, I have I have nothing

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else. Any board members have any questions? Seeing there's none, I'll open this application and this application only to the public. Anyone from the public wishing to be heard on this application, please come forward.

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Do you swear any testimony you provide is the truth, the whole truth, and nothing but the truth? >> Yes, I do. If you could state your name, spell your last name, and give us your address, please. Sure. John Fallon, F A L L O N, uh 40 Brandon Avenue. And I am the the neighbor who was

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referenced uh earlier. Um I just wanted to um uh state that uh they've been um very collaborative and and helpful with working through this process.

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For for me, this is a very difficult situation given that the the odd-shaped lot is really directly in my backyard. And

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they've referenced that it's a vacant lot, which is true, but it's all woods. And I've lived in this property going on 26 years and have seen the development of Monroe Pines, which

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used to be pines. My backyard at the edge of my my backyard going back for probably miles when I moved in there it was all pine trees and they've continually

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have have gotten developed over time. And this lot is the last buffer of pine trees really in the area. And it's it's it's sad to see it go.

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But it you know, that's progress, I guess. But anyway, to the point, they've been very collaborative and helpful in coming to my property and we walked

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the property and their property and they've agreed to plan a buffer of green giants on my property, which hopefully I I would like to clarify the initial size of the green giants

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that will be put in there because if you put the put in you know, 2-ft tall green giants, it's going to take 20 years before they provide any buffer. So I think it's um to define the initial size because it will

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take time for the trees to grow to provide that buffer. And the buffer will be um beneficial both to myself and to uh the property owner um that's that's uh

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looking for a variance now to provide uh privacy because it is really on my backyard. Um So, if I could request you know, that that we get into the details of the sizing of the initial

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trees, um that would be greatly appreciated. And um the other aspect with respect to the fence that they've been very uh gracious in agreeing to uh put along my property um

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uh on Sienna Place. Um my my request to the board would be to expedite any approvals um on that so that we don't have to jump through hoops and

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come back and and um go through any other additional requests in order to have that approved. I'm going to interject here for a second. I'm going to direct this to council. Um number one, this board has no jurisdiction over your private

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deals with the neighbor. So, I don't think we can comment on that or enforce anything. That's something you guys worked out. As far as streamlining any permits or anything, it's out of this board's realm to authorize or do anything of that nature. It's It seems to me it's on the corner. There may be a

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slight sight things that come into play. That's a whole different category. We're here I will respect you obviously as the neighbor and and resident of Monroe, but we're here to hear this application. So, yes, while you have a deal with them, that's with them. It's not part of this

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application and it's not part of what this board has jurisdiction on. I can't force them to do anything to enhance your property or to do anything of that nature. Please correct me if I'm wrong. To To the extent that they've indicated as part of their approval that they're

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providing these improvements to the neighboring lot in order to ameliorate any of the detrimental effects on that lot by the undersized nature of of this lot, um this board would be capable of imposing those conditions as they are somewhat relevant to this application. >> Okay, so did you guys agree to certain

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tree sizes? Because that hasn't been brought Well, I think he's trying to get an answer. Yeah, not that I I know that we talked about it or nothing was brought to If we have an answer from Prague, please. I know we talked about it in the field, but I I didn't have something more I didn't >> have anything else? You know, I'm not

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shooing you off, but I mean, if you have anything else, spit it out so we can address it. >> those are the main points. Um you know, really. And actually, the the other since if we are putting this as as part of the um

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uh agreement for the approval, um I request I would request that it be part of the site plan. Um and uh be be in there before a CO is issued. Well, typically

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as a single-family residence, they would be exempt from a formal site plan review. Uh however, if it is the will of the board, I think they could might be able to put a condition that the applicant coordinate with the neighbor on providing the arborvitae trees along the property line. Uh I I'll defer to Peter. I don't I

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don't know that the board could grant any variances for that fence since that your property was not part of this application, no notice has been given for any variance there. Um I I can tell you that I know when I talked to my the builder of the site, he wanted to put up the berm and the trees

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first. I just I know that that's part of We'd rather have that blocked off as we're doing our development, you know. So, that I mean that's I'm putting that on the record. I know that my the builder indicated that that was fine. Anything you feel comfortable including in the resolution, you have my email

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correspondence. We have our writing and I don't want to make the board uncomfortable, but you do have our written commitments to you. Right, and I appreciate that. And that's really, you know, my ultimate concern is, okay, if I look back, where where can I find

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it in the minutes, in the approvals, and so that if something does go wrong, that I can go back to something and say, "Okay, we had this. This is part of the plan that was approved." Um so that somebody doesn't walk away from the agreement. Mr.

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Chairman, I have a couple suggestions with regard to the buffering [clears throat] and landscape and a berm. Um could it be a condition of approval that prior to building permits that they provide a a plan for that buffering and a sign-off from the

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neighbor that he's approved it uh prior to a building permit? No disrespect to Mr. Fallon. I having done this for that many years, I can't let a neighboring property owner hold me up. You know me, you have my representations, you have a resolution

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that your attorney could put anything into, but if Mr. Fallon, again, I'm being extreme here, goes off the deep end and decides, "I'm going to make this guy's life a misery." I'd never sign off on anything. I I I can't put my client in that position. I'm making representations to you that we worked

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out a deal with our neighbor. I've shared that those correspondences with your board attorney. Um I think that's as far as I can go. And second thing would be on the fence. If the fence was 15 ft from the property line, essentially a a zoning permit,

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which, you know, I think this board could have as as of the approval. If it's on the property line, on the right-of-way line, then you're before this board so you can a variance for the corner lot. Um Okay, yeah. Well, we're going to Well, we'll try and apply for a a

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permit, a zoning permit, in order to get the fence. I explained to Mr. Fallon and in my correspondence that everything would be subject to the township's approval. So, if that's something, Mark, that the sheriff can design where it's 15 ft off and then it's just a zoning permit, then okay, great. We'll do that.

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And And I just I said I just said to the board that, you know, there's no there's no requirement as it's been made clear that there's no requirement that under our ordinance that requires them to put a buffer from the residential to the residential or or to provide fencing along the the existing roadway.

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>> But that's a mutual thing between the two clients. Yes. Right. Okay. So, just for the record, Mr. Chairman, the board has had those representations. The board could say, "That's really important to our decision. We would like those memorialized as conditions." Or you could say, "That's really nice. We're really happy you guys worked that out

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together, and we don't really need to worry about that." So, those that when we get to the point where the board may feel comfortable making a motion on this application, those are the options you have. I'm comfortable with all of that. Okay.

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Mr. Lupo, you had a question. What? My question. The applicant is willing to buy the trees and put it on the on the other individual's property. Who's responsible for those trees? He becomes responsible for maintaining them. It's on his property.

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>> What happens if it dies, it rots? The cost of pruning, trimming? That's That Mr. Fallon takes that on. I didn't know that. Yeah. Now I do. I'm glad Thank you for asking to clarify. But also them being on the neighbor's property, now the neighbor has control of those trees. Whereas if they were on our

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property, if down the line our property owner were to remove those trees, now the buffer's gone. So, at least with the trees being on Mr. Fallon's property, he's got complete control of them being there for whatever period of time. >> In a logical world, you're right, but

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we've seen this many a times back and forth. Understood. I'm just letting you know the logic we had. >> Mr. Fallon, are you you are you clear with what they're saying? >> Yes, I am. And and I was >> once they put trees in, they now become

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yours. There's no recourse after that. Understood. Understood. And um you know, as part of the agreement I'm giving up part of my property to have those trees on them. Well, I caught that that it's going to be all on your property.

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>> Yeah, so I But then again, like our engineer said, they're not required to put a buffer up. So, it's kind of a mutual thing between two clients or two neighbors. Right. >> Can we come to some agreement to do something? >> Understood. >> But they are not required to do it, just so you're aware. Understood. Mr. Chair

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Mr. Master Chairman, just to clarify, um Mr. Fallon, you're going to sell your property. This is an existing lot that's behind you that you don't own. That's correct. >> to develop. So, you're not giving you're not you're not giving up any property. No, no. No, no, I >> of the wooded area is what you're essentially saying.

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>> I'm sorry. Say that again. >> You're saying your view of the wooded area. Well, there's not going to be a wooded area. Right. They're knocking out the trees. >> property. You indicated you you gave Well, no, no. I said that No, sorry. That might have been misphrased on my part. What I'm saying is by having that

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um The trees >> trees is on my property. So, in effect I'm allocating part of my property in order to provide a buffer for both neigh- for myself as well as for them. But to be clear to the board, you're

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requesting that. You're requesting the buffer to be provided on your trees. So, On my property. The trees on your property. >> That's correct. >> to mislead the board and have the board, you you misunderstand what you're saying. Yes. I have no problem with this applicant. I think we're in dangerous

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territory now. We are entangling our approval process with a private agreement. I said that earlier, but they're making it they're making it part of the case. Am I correct with that? Well, they're telling you about an agreement they have with the neighbor and things that the neighbor found

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satisfactory. Um uh you and as I indicated, the board has the ability to decide it wants to be uh entangled with it because they think it's a necessary element of the application, or the board could listen and say, you know, something.

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Um no one came forward and wanted to buy the property, which is what typically occurs, either a sale or a purchase, and there was none of that between the two adjoining property owners. So, we're happy to hear that this is happening, but we don't really care about it. That's what I'm urging the board to do.

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No good deed goes unpunished. >> I didn't want to complicate my application. I want to do it in house. That's my personal and I'm urging the rest of the board When we get to a vote portion, then so be it, you know, you could state your case and your your yays and nays at that point. Are there any other questions from any board members?

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Okay. Anything else you'd like to add? Um no, other than I you know, I I kind of don't understand why it shouldn't be all part of um I'm not a lawyer. I am. Peter is, and I liked Peter's

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explanation initially, um which you know, is the township looking to build on a very odd lot. Um They're >> Township is looking to build nothing. It's a Well, the township is approving a variance. >> anything. We're hearing testimony.

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>> Yes, yeah, the township is is considering considering approving a very building on a very odd-shaped lot, which is outside of the lot shapes and sizes within that

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development. It's a It's a very odd lot. >> why this board exists for those reasons and they have the jurisdiction to say yay or nay to proceed with that odd-shaped lot, with the potentially undersized lot, with the

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premises that could be a hardship, so on and so forth. That's why this board is comprised of all these ladies and gentlemen up here and all professionals and this is what we do on a monthly basis. Each application is on its own merit and we hear and base our decisions based on that. As far as we want to hear

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from our attorney, if Chairman, I'll add One more thing. Sorry to keep going with this. Um to to counsel, can we can we come to an agreement as to what you're going to plan on there? Can we just say now are you putting six uh six arborvitaes, you

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know, and three white pines? Can we come up with something for the board cuz you know, I'm hearing the board is sort of torn whether to include it or not, but if we can just say what it is and agree on it, then we could put it in the resolution and be done. I I I need Frank's help with with that.

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I think there was maybe a comment with regard to the height, but uh again, this was just an attempt to enhance the application and maybe I should have just not tried to work with my neighbor, but uh I'll learn that lesson again in another one.

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Um we were looking to put uh 5 to 6-ft tall green giants along the property line and space them at uh 10-ft on center. 10-ft? 10-ft on center. So, this way there's plenty of room for them to grow.

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Uh I assume you're talking about planting where the area of disturbance is and not the entirety of the property line. Correct. In the within the area of disturbance, which is approximately 100 ft. So, you'd be talking about 10 to 11 probably total arborvitaes, to 6 ft tall. Yes.

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I thought that the I thought it was going to our our discussion was going all the way This is my Okay. Oh. Nice. This is probably it. Yeah, this is well 48 So it's the area of disturbance. Once we

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get What is defined as area of disturbance? >> The area that we're clearing. Okay. Here we can be done with this if you want. I'm sorry, Mr. Fallon. From from the front of our property to the clearing in the back of our property. >> Which goes I can may have to interject

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here. We have I'm sorry, where is my property on this map? Your Mr. Your property is right here. I think at some point Yeah, I I I think agreement needs to be your agreement >> the answer is the area of disturbance on our lot, which is essentially all of Mr. Fallon's backyard. His property does not

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go all the way back to the the rear of our lot. Property's 150 ft. Yeah, you can see it on the the tax map. >> wooded. Based on the plan. So. Yeah, on the Okay, so if his property is 50 ft and they said roughly every 10 ft >> about 100 ft of disturbance, you know,

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your your 10 12 say let's say 12. So like 10 giant roughly. Okay. And that goes so that will go from uh Sienna

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back to where we stop disturbing our lot cuz then the rest of the back rear portion of our lot would be left undisturbed. I'm just trying to think of where that was. >> maximum of 15. There's 150 >> Maximum of 50. It's 150 150 ft width

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[clears throat] on your property. Okay. 10 ft on centers 15 16 maximum. Maximum. But we're not going to cut trees down to plant new trees on your property. That's correct. You don't want to remove trees to plant That's correct. That's correct. So so your portion of that

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already has trees it looks like based on the plan. Understood. Right. >> Understood. So, just to be clear, a maximum of 16 trees, all varieties, will be planted on your property by the by the potential builders should

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this application be approved. Okay? Understood. As far as the fence, the attorney knows what has to be done with the fence and how he needs to proceed. Okay. Okay? Thank you. Just just one last comment. I I would um it it disappoints me to hear that um

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counsel feels like he shouldn't have [clears throat] worked with me. Next time around he won't work with the neighbor. I would hope that the board would encourage the type of behavior that he's exhibited in terms of working

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with me as opposed to discouraging that. I think that's what you guys are here for in terms of looking out for residents within the community. We will take that under advisement, but do you see how many questions your private deal

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opened up and how many implications it had, how the needle got weaved, and how we created another whole web which But that's that's okay. That's because you know what? We we have um a very good community here. And we want to encourage

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community. And hopefully the board is looking out for the community. And that's my only point is okay, if it tangles a little web, it's for the community. It's for the betterment of the community. And I would hope you guys >> your question was answered. They're

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going to up to maximum of 16. Yep. >> And the fence they'll address and they may need to come back for that. I don't think that pertains to you. It's going to be to pertain to the applicant. Am I correct? Yeah, we're not committing to coming back to get a variance for the applicant. If If really wants the fence and it requires a variance, then that's

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on Mr. Fallon. That was a commitment. Mr. Chairman, I I think I think for our the purpose of the board, I think it's clear Mr. Fallon will get 16 up maximum 16 evergreen trees. And and I and I believe that's the condition and that's it. Grading they would have to work out if there's going to be berms, no berms, I don't know what

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the drainage is. That should be worked out. My recommendation to this board is that and the condition is 16 evergreen trees maximum. And that's it. I got a question. This is between the two property owners, right? It has nothing to do with our board and our

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planner. Well, I I brought that up earlier and again I'll have Peter, our council, comment on that. So So again, you have an undersized lot. You have a as a board could say because it does not meet the

372
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lot frontage and lot width that that in you know, based on that condition has created a detriment for one of the adjoining property owners or both of the adjoining property owners. And in this case, you have a situation where one of the adjoining property owners has indicated that they're willing to ameliorate that condition by allowing

373
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these arborvitae to be planted on their property, you know, in a particular location. The board could say, we think that that is appropriate based upon the undersized width and frontage of this lot. Um you could say, you know, something it's an undersized lot. It meets all the other

374
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bulk standards. Um there there's really no need to buffer it any more than you'd buffer any other parcel because the setbacks are going to be whatever the setbacks would be on a conforming width. So you have the ability to look at it both ways because they've offered that as a rationale. You could adopt that

375
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rationale for granting the variance relief. You could say, we don't think it's necessary. But that's something that you have as a board and they've given you that. And basically whether it's approval or disapproval, can we actually as a board vote on what we're here to vote on and

376
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approve? And and as far as the trees and the deal that between the two um two property owners, that's between them. You can say, "Listen, we heard you. That's nice to hear. We don't care for the purposes of making our decision." Right? Or you could say,

377
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"You know something? We think that is a valid element of their proofs and we think it should be incorporated into our resolution as a condition of approval." You have the ability to >> I know what they did, though. Okay. Thank you. Thank you, Mr. Chair. Are there any other questions?

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Shh. Okay, anyone Are you done? Yeah. I don't want to cut you short. >> No, no, it's good. >> Okay, thank you, Mr. Valentine. Thanks, Mr. Chair. >> Anyone else from the public wishing to be heard on this application? Seeing there's none, I make a motion to close. Close. >> Second

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>> Second. Second. All in favor? Aye. Thank you. Okay, board members, we have I'll make a motion. I'm going to make a motion to approve and just like I said, the particular deal that between the two properties, it's up to you guys. We don't The board don't want to be held responsible. We're

380
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going to vote on I'm voting on the applicant that's before us, what we're able to vote on, and I am saying that we're going to approve that applicant. What you guys are going to do with the trees, it's up to you. Thank you, Mr. Lupo. >> be held responsible. I'll second that. Madam Secretary, roll call, please. Mr.

381
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Masters? Just to confirm, we're stripping out the arborists, right? That's That That's Mr. Lupo's That That is Mr. Lupo's Yes. proposal with with what's going on. If someone has something different, then they can bring it forward, but as of now, the motion

382
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was made to approve the application as it stands, but we are not getting involved with the trees or anything of that nature. >> Yes. Okay, so that's Mr. Lupo? Yes. Mr. Bussman? Yes. Ms. Caratori? Yes. Mr. Tanzi? Yes. Mr. Gaffney? Yes. Chairman

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LaPadula? Yes. Thank you very much, board. Have a good evening. Okay, next application BA-5241-23557 Franklin Plaza Realty LLC. Represented by Mr. Pape. Mr. Chairman, board members, board

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professionals, and the public, good evening. Kenneth Pape of the firm Halperin and Pape on behalf of your applicant. This is 557 Franklin Plaza Realty LLC. This is a use variance request by the applicant

385
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to use a 4,000 square foot ancillary building located on an existing shopping center's property for the fabrication of marble and granite. The application is brought by the property owner. The property owner

386
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and has as a tenant in the retail building the granite fabricator marketing this this product and this would be an ancillary use to that retail operation. Before we begin

387
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this application was read into the record at the April meeting. I believe that jurisdiction has been established and you would >> [clears throat] >> confirm same on the record, sir. >> Just for the record, Mr. Chairman, members of the board. Uh Mr. Papes correct. The board did take jurisdiction of this application at its April meeting

388
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and did carry the notices to this meeting. The board does have jurisdiction. This property came before this zoning board in 2003, 2006, and 2011. In 2003, the resolution indicates that the applicant came and requested

389
01:55:54.840 --> 01:56:10.400
permission to build a shopping center with some use variance relief and that was granted. In 2006, the property owner came before the board and pointed out that there had been a fire in the hardware store and was asked for permission to build a storage building

390
01:56:10.400 --> 01:56:26.800
and it was specifically tied to the hardware store that had been had a fire. This would be the storage building for what was going to be a reduced hardware store. The hardware store is gone. 2011, there was some relief requested with regard to a liquor license and a bar.

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Um this is the fourth application and this is existing 4,000 square foot building that sits behind the shopping center that we're asking for permission to use to fabricate the stone product. The witnesses who are here this evening to present are four.

392
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Loralie Totten is here from Crest Engineering. It is a use variance request. It's not a site plan yet. If the board allows the use variance relief, the applicant is required to return for site plan. I've asked Loralie to present the various sketch to you.

393
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We'll go through certain basic elements existence of the buildings, the size of the buildings, and where the 4,000 square foot building is, the zoning and the size of the property, so it's all on the record. I then intend to go ask I then intend to ask Lorelei to confirm

394
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all of the elements of the site that are not changing. And we'll just put those on the record. And at that point, I would indicate that if the application progresses to site plan, there'd be a fully engineered site plan. Although I don't think there'll be a lot of

395
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changes, and Lorelei would then testify. The second witness that's is a Scott Kennel. Scott Kennel is a traffic expert. He has analyzed the available parking and will provide the testimony indicating that the building and its use can be accommodated and

396
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still the applicant can the property owner can comply with the parking requirements. There's a representative here from Michael Testa, the architect. The Stacy Grodecheck is an architect with Michael Testa. I did not intend to call Ms.

397
01:58:03.040 --> 01:58:19.040
Grodecheck, but wanted her to be here just in case there were any questions from the board with regard to either the architectural elements of the building or construction elements. And the final witness is Allison Coffin, our professional planner. We're asking for a

398
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D variance and Allison provide that proofs. Mr. Chairman board members, we were scheduled to be here in April and three of the professionals, including me, were unavailable in April and you were kind enough to allow us to be carried to

399
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tonight. On Friday, my client notified me that he was not available, so I do not have the property manager here this evening. I believe that we can move forward with the applicant. We may be able to conclude, but I did not I wanted to up front let

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you know that we just learned on Friday that our client was unavailable. All of the witnesses are and with your permission we'll begin the presentation with Lorelei. Please proceed. Thank you. So we'll ask that Lorelei Thorton be sworn in.

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Do you swear the testimony you are going to provide is the truth, the whole truth and nothing but the truth? I do. >> If you could state your name, spell your last name and give us your address for Sorry. Lorelei Thorton, T O T T E N, Crest Engineering Associates, 100 Wright Drive, Millstone Township, New Jersey.

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01:59:25.880 --> 01:59:43.200
Bachelor of Science in 1977. You've been here before. We'll accept your credentials. >> Thank you so much. Thank you, Mr. Chair. So Lorelei will testify this evening as an engineer, although there's not a lot of engineering. Lorelei, if you could identify the exhibit from which you're making your presentation.

403
01:59:43.200 --> 01:59:59.920
This on? My record Yes. Thank you. Um this is sheet three of three from the set of plans that was submitted to you. Also it's shown up on the screens behind you. Not a new exhibit, a sheet from the plan

404
01:59:59.920 --> 02:00:14.720
set. >> Yes. And if you could the zone of our client's property. It's a neighborhood commercial zone. The existing improvements that are on it. If you could just summarize those. >> Yes. There's a several retail buildings

405
02:00:14.720 --> 02:00:30.280
on the site with associated parking. There are two access points. One off of Union Hill Road and one off of Old Bridge Englishtown Road. There's also a building in the rear, the 4,000

406
02:00:30.280 --> 02:00:46.080
square foot building that is a subject of this application and the site is larger behind the site. There's wetlands and flood plains associated with the Manalapan Brook that runs through the site.

407
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And just for the record, I'm going to go through what we're not asking the board to change to accommodate our client's use. We're not changing the signage. Correct. No signage change. We're not changing circulation on the site. Correct. The circulation will remain exactly as it is and approved. Storm

408
02:01:02.480 --> 02:01:18.040
water management is not changed. Storm water management is not changing because there's no change in impervious cover, no grass added or no grass taken away. But we're asking and the 4,000 square foot building is the building that was approved by this board

409
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20 years ago as a storage building for the hardware store and it exists. That is correct. So just want to make it clear that those are elements of the site that would not change if this use were changed. I have nothing further of Lorelei. I wanted to to make sure that those were before the

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board before we presented the traffic and planning testimony. May we proceed? Thank you. Thank you, Lorelei. And Mr. Kennel, if you could join us. Good evening. If Do you swear the testimony you're going to provide is the truth, the whole truth, and nothing but

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02:01:57.480 --> 02:02:12.560
the truth? I do. If you could state your name, spell your last name, and give us your address, please. Sure. Scott Kennel. It's Trick. Scott Kennel, K E N N E L with McDonough

412
02:02:12.560 --> 02:02:31.120
and Rey Associates, located at 1431 Lakewood Road, Manasquan. And Mr. Chair, Mr. Kennel having testified before >> Yes, we accept his connections. >> Thank you. Thank you. >> Been here before, sorry. Thank you. That's fine. I appreciate that. As a traffic expert, well, he'll

413
02:02:31.120 --> 02:02:48.560
testify. Before he does, the our client authorized me to make certain proffers to the board, certain facts. The operation in the 4,000 square foot building would have four employees. The four employees hours of operation

414
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are limited to 7:00 a.m. to 3:00 p.m. Monday to Friday. There is no fabrication on Saturday or Sunday. The retail store that exists in the shopping center that exists for marketing that it's a showroom and retail marketing facility

415
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is open 8:00 a.m. to 5:00 Monday to Friday and 8:00 to 3:00 on Saturday and there is one salesperson in the showroom. So, I'm going to ask if you could share with us the analysis of the parking lot

416
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that you conducted the conclusions that you have reached with regard to the adequacy of the parking. Uh yes, I mean our firm prepared a parking study. It goes back aways but it's June 19, 2023. And as part of that um investigation we

417
02:03:39.680 --> 02:03:55.640
did observations on site. We We did parking accumulation studies. We consulted the municipal ordinance and consulted uh parking recommendations from the Institute of Transportation Engineers. And basically the site has approximately

418
02:03:55.640 --> 02:04:11.480
146 parking spaces and those are all located west of the building or in front of the stores. Uh parking observations were conducted back in um June of 2023.

419
02:04:11.480 --> 02:04:28.480
Uh and we found a maximum of approximately 60 vehicles parked on site. I've done other observations. I did some other observations after 6:00 p.m. where the parking accumulation was greater around 90 vehicles and that's attributed to the type of tenants in there that are

420
02:04:28.480 --> 02:04:43.360
either recreational or uh restaurants. Uh but again, more than adequate um parking spaces available. The ordinance requires 126 parking spaces.

421
02:04:43.360 --> 02:05:00.880
And again, we're providing 146. And none of the observation indicated more than 100 vehicles parked on site. So, there's more than adequate parking. In consulting the ITE, the ITE and you utilizing their parking rates

422
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would suggest 126 parking spaces, similar to the ordinance as is required. And again, we're in compliance with that. Um The parking required for the employees within the 4,000 square foot building generally occur

423
02:05:17.200 --> 02:05:33.680
uh behind the building, so they're not competing with the customer or um employee parking that's attributed to the west side of the buildings. Uh So, taking all that in consideration, this uh

424
02:05:33.680 --> 02:05:48.800
type of use, in my opinion, will not have a negative impact. It's based on our observation, there's more than adequate parking. Uh the parking supply proposed exceeds the ordinance and exceeds parking supply required recommended by the Institute of

425
02:05:48.800 --> 02:06:04.800
Transportation Engineers. Mr. Cannell, it's my understanding that in 2006, when the applicant came before the board, there were 156 parking stalls. And that the board permitted a 4,000 square foot building.

426
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And it's our my understanding that that building and and now the outdoor storage of the slabs of granite and marble consume 10 parking stalls. The loss of those 10 parking stalls is behind the building. Does In your professional opinion, does

427
02:06:21.240 --> 02:06:37.320
the loss of those 10 parking stalls resulting in the 146 that you just described in any way create a negative condition of a negative parking condition on the site? >> No, in my opinion, that does not create a negative situation. There's more than ample parking on site to serve

428
02:06:37.320 --> 02:06:53.160
uh the tenant that's before us, as well as the other tenants within the shopping center. So, the space that's consumed by the building and the space that's consumed by the outdoor storage of the slabs of stone confined to those 10 parking stalls does

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not have a negative impact. >> Correct. I think I don't have any further questions of Mr. Kennel. That is the impact on the parking field. Mr. Abel Now we're at the conclusion.

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Next witness. Yes, please. >> 35 >> Thank you. So, Mr. Chair, members of the board, know that there's an architect here that's prepared to answer any questions about the building um if there are any. Um I believe that talking about the building would be

431
02:07:24.520 --> 02:07:41.240
something that occurs at site plan. Um but we did come with an architect if there was a question. So, with your permission, I'd like to go right to Allison Coffin, who is our planner, and ask that she identify the relief that we're asking of this board and the proofs that are necessary to support it.

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02:07:41.240 --> 02:07:56.240
Good evening. If you could raise your right hand, do you swear the testimony you're going to provide is the truth, all truth, and nothing but the truth? >> Yes, I do. If you could state your name, spell your last name, and give us your address. Allison Coffin, c o f f i n. I'm a licensed professional planner in the state of New Jersey. I'm also certified

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02:07:56.240 --> 02:08:12.840
by the American Institute of Certified Planners. We'll accept your >> credentials. You've been here Thank you. [clears throat] Thank you very much, Mr. Chair. Allison, I'm going to ask if you would for the record to share with the board how you prepared to present this application and then if

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you could take us through the necessary proofs that the applicant must address in order for the board to be empowered to grant the relief requested. Uh sure. To prepare for tonight, I looked at the application materials. I visited the site. I reviewed the zoning ordinance and the master plan and the professional review letters. Uh the subject property

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02:08:29.360 --> 02:08:45.360
is located at the northeast corner of Old Bridge Englishtown Road and Union Hill Road. It's 7.82 acres in size and it's zoned neighborhood commercial with a portion along the eastern boundary located in the flood hazard conservation district. The site's fully developed with an existing shopping center, the

436
02:08:45.360 --> 02:09:01.880
Franklin Plaza. It consists of three one-story retail commercial buildings, a surface parking lot, and that 4,000 square foot building in the rear which is the subject of this application. The surrounding area includes the Old Bridge Englishtown Road with commercial and residential uses mostly to the north and

437
02:09:01.880 --> 02:09:18.320
west, Union Hill Road to the south, and undeveloped land associated with Matchaponix Brook uh to the east and the gun club beyond that. The eastern boundary of the property, which is where this building is located, is buffered by the Matchaponix Brook, its wetlands, and

438
02:09:18.320 --> 02:09:33.760
associated conservation easement areas, which effectively screen and separate the rear of this site from the nearest residential properties to the east that are beyond the Brook on the other side of the gun club. Uh the applicant is requesting a use variance to permit the marble and

439
02:09:33.760 --> 02:09:51.080
granite fabrication business to operate within that 4,000 square foot pole barn. This pole barn's located at the rear of the site. It's behind the retail buildings and it's not highly visible from the public roadway. The structure was approved for construction in 2006 and was restricted at that time to being

440
02:09:51.080 --> 02:10:06.200
used mostly for storage. The applicant's also seeking relief to permit the associated outdoor storage of the raw granite and marble slabs to the north of the pole barn, which is a necessary operational component of the fabrication business. Uh no new construction is proposed. The

441
02:10:06.200 --> 02:10:22.800
applicant concerns only existing conditions um and an existing tenant. Uh The tenant operates under a lease agreement that occupies two spaces in Franklin Plaza and has that pole barn to the rear for the fabrication, but that is associated with a retail space in the

442
02:10:22.800 --> 02:10:39.960
front uh that functions as a showroom for the business. The two components of the tenants occupancy function as an integrated whole. Customers come to the showroom in the main building to select materials and place orders. The slabs are stored outdoors awaiting fabrication and the actual cutting, edging, and

443
02:10:39.960 --> 02:10:56.360
finishing of the stone would take place inside the pole barn. Finished countertops are then delivered or picked up. The showroom and fabrication facility are the two parts of a single business and are not commercially viable without each other. The site is located again in that neighborhood conservation zone, a

444
02:10:56.360 --> 02:11:11.920
commercial zone. Permitted uses in the zone include retail stores of a neighborhood or daily needs type, personal service establishments, eating and drinking, banks, business and professional offices. The showroom is a permitted aspect of the use, but the fabrication in that

445
02:11:11.920 --> 02:11:27.160
rear building is not permitted in the zone, so a D1 use variance is required for that. And the outdoor storage is also not permitted. It's an accessory use for this, but it may also require a D variance or could be considered as part of the D1 variance for the

446
02:11:27.160 --> 02:11:43.840
fabrication use. The site There's no bulk changes that trigger new bulk relief, and it's generally conforming with the the zoning bulk standards. So, looking at that use variance, it's my opinion that special reasons do exist for the granting of this variance and that the site is

447
02:11:43.840 --> 02:12:00.480
particularly suited to the proposed uses, and there's no significant detriment to the zone plan or the surrounding properties that would result from these variances. Looking first at the special reasons concept for this integrated showroom and light fabrication fabrication use on the site, the subject site is already

448
02:12:00.480 --> 02:12:15.880
developed as a functioning retail shopping center. The showroom component is a permitted use in the zone, and the fabrication component is the production side of that same business. Separating them is possible, but it's inefficient, and granting the variance simply

449
02:12:15.880 --> 02:12:32.240
recognizes the full reality of a use that is appropriately anchored to the site by its permitted retail component. The structure that's at the rear of the site was built for exactly an an ancillary contained use to a retail use on the site. It's location is behind the

450
02:12:32.240 --> 02:12:49.400
retail buildings. It's screened from the roadway and buffered to on the east side by the brook and its associated wetlands. It makes it particularly appropriate for a light industrial fabrication operation that is associated with the permitted showroom. It would not be a more appropriate on a more

451
02:12:49.400 --> 02:13:04.600
exposed or less buffered site. The fabrication use itself is quiet. It generates limited truck traffic. It produces no significant noise audible beyond the structure and it involves no uses that would be incompatible with the surrounding commercial context.

452
02:13:04.600 --> 02:13:20.000
Um the board would consider that outdoor slab storage as part of this D1 variance. The outdoor storage of raw stone slabs is functionally necessary for fabrication businesses. It's typical of this type of use and it's located at the rear area of the site which is not

453
02:13:20.000 --> 02:13:35.360
visible to the roadway. Uh furthermore, it's my opinion that this use advances purpose G of the municipal land use law in that it provides adequate space in an appropriate location for a commercial and fabrication use. The custom countertop

454
02:13:35.360 --> 02:13:51.560
business with its integrated showroom and fabrication facility is precisely the kind of commercial use that benefits from being co-located in a retail shopping center. It serves residents and draws customers who may patronize other tenants within the center as well.

455
02:13:51.560 --> 02:14:08.240
Um the next prong of the use variance test is whether or not there's detrimental impact and it's my opinion that in this unique situation there would not be. The fabrication use itself does not generate significant traffic, noise, odors, or pollution. All fabrication activity is contained within

456
02:14:08.240 --> 02:14:23.520
that structure and the outdoor storage is of stable materials that have no um environmental risk. The site is large and well buffered. The retail building and parking field screen that structure from the roadways and the

457
02:14:23.520 --> 02:14:39.880
Broken It's Wetlands um screen the rear of the site from any residential properties on the east side. Uh the nearest residential uses are therefore effectively buffered by natural features and the existing parking supply, which is the real impact that this could have on site, is more than sufficient to

458
02:14:39.880 --> 02:14:55.480
accommodate the combined demand of the existing retail center and this fabrication use. The fabrication use itself at that aspect of the use generates limited customer traffic as clients would mainly be visiting the showroom, not the fabrication building. Uh the last test is whether or not they

459
02:14:55.480 --> 02:15:10.280
substantially the variances would substantially impair the intent and purpose of your master plan and zoning ordinance. And here the proposed use would not, in my opinion, substantially impair the purpose of the neighborhood commercial zone. It's intended to serve the needs of the surrounding community.

460
02:15:10.280 --> 02:15:25.480
The integrated countertop uh showroom and fabrication business does exactly that. It provides a locally accessible service for residential customers that are undertaking kitchen and bath renovations. Uh so to sum up, it's my opinion that the D1 use variance that is requested

461
02:15:25.480 --> 02:15:41.880
can be granted by the board. The site's particularly suited to the use. There's no significant detriment to the public and it's not substantially inconsistent with your master plan or development ordinance. Mr. Chair, board members, that concludes the direct presentation of the board's

462
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of the applicant's professionals. All three of those professionals are now available to the board and your your professionals for examination. Okay. Chris. Thank you. We issued a report dated January 21st of this year. Uh I have just

463
02:15:59.000 --> 02:16:15.280
couple of quick questions. I apologize if I missed this, but this um the fabrication uh space in the back in the 4,000 square foot former storage building. This isn't something the public doesn't go there, right? This is just for the employees to Somebody goes to the showroom and they say I want uh you know, x amount of square feet of

464
02:16:15.280 --> 02:16:31.040
granite countertop and then they go cut it for them eventually. Correct. So, it's not generating any any retail traffic. Okay. No. Well, I wasn't sure if that was said or not, but I wanted to make sure that's clear cuz you had testimony about traffic, but if no one's going there, it seems pretty clear you're not increasing the traffic other than like whenever the trucks go.

465
02:16:31.040 --> 02:16:46.639
Um quick question for the planner. I mean, this is a a very unique circumstance. I I don't think I've ever seen a retail strip mall shopping center like this that has a a storage facility in the back like this. Uh in your opinion, do you see that

466
02:16:46.639 --> 02:17:01.880
space as being in any way viable or feasible to be used as like another retail space or a restaurant? >> Oh, no. So, it's >> Yeah. if this use doesn't go into the only other real possible use for this building, which is already legally exists on the site, would be either storage as it was before or or something

467
02:17:01.880 --> 02:17:18.519
like this that is an accessory to one of the permitted retail uses. >> Yes. Okay. Um and then you are deferring site plan issues? Yeah, there's I I listened to the hot dogs guy. W- we we're not done. We have a

468
02:17:18.519 --> 02:17:34.320
building building lighting striping. There's a number of things that we should be talking to the board about as part of as if the board granted the use variance. >> I don't think I have any additional questions or comments. It's the use variance and you've had testimony. It's

469
02:17:34.320 --> 02:17:49.920
a very unique circumstance of having an existing pole barn behind a strip mall. Thank you, Chris. Mark. Thank you, Mr. Chair. To clarify, you you will be coming back for site plan if you get an approval tonight. >> Yes. Thank you. There's a

470
02:17:49.920 --> 02:18:06.440
There's real site plan issues to talk about with the board. So, um Mr. Chair, my letter is dated February 26, 2026. Um mainly my items are site plan comments. Um there is one There's vehicles for sale on the site where this

471
02:18:06.440 --> 02:18:23.200
your plan shows. You're not seeking a variance to sell vehicles. No, it's There were vehicles for sale on the site when this application been going on now for 3 years. It's my understanding that when that first was brought to our client's

472
02:18:23.200 --> 02:18:38.360
attention that they immediately stopped any sale of vehicles. I don't think there's been any sale of vehicles for a long time. >> Right. That That would need to be stopped cuz there's no previous approvals for that. No. That was And it wasn't the property owner.

473
02:18:38.360 --> 02:18:55.480
It was tenants who were putting their cars out front. So, we told them to Okay. So, So, that'll be removed. Um I'll just touch on a couple things. So, these Again, these are site site plan comments. You have dumpsters

474
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all over in the rear of the building. I'm going to look for that to be cleaned up if it gets approved here tonight. Um, the outdoor storage of the marble and quartz and countertops. How do Like, what is that stored for? Do

475
02:19:11.080 --> 02:19:26.760
people come there and they pick out their slab of marble? How How does the operation work? The The They don't go to the slabs. The samples are in the showroom and they they view the samples in the showroom. The slabs are very heavy and they're loaded

476
02:19:26.760 --> 02:19:42.440
They're offloaded from the truck into a uh So, it's it's a crib. And then when they when someone places an order, the slab is then brought inside the fabrication space and they actually

477
02:19:42.440 --> 02:19:59.640
cut and polish the the stone there. So, what All the public will be going in I know you everyone has said showroom, but the plan doesn't show it as a showroom. It's noted as an office. The The That's in the build, but one of the one of the storefronts in the building

478
02:19:59.640 --> 02:20:14.040
is Correct. It's noted as an office on the plan. Oh, it was it That's why I want to get that clarified. >> There's a small office. [clears throat] There's a That's the sales office, and then there's the rest of it's a showroom. I was there this evening.

479
02:20:14.040 --> 02:20:30.360
It's a showroom. And then there's the sales office. So So to clarify, in the in the storefront where it says office for workshop and storage building, that's actually a showroom. >> It's a showroom and a sales area. >> Thank you. Um

480
02:20:30.360 --> 02:20:45.880
A handsome one. And let's see. The other thing is the again, where the storage of the slabs is and at the time of site plan, I'm going to look to see how How do we keep that area confined to where you show it, so it doesn't start to grow and take up

481
02:20:45.880 --> 02:21:01.360
more parking spots and loading spots. So, things to consider should you get approved tonight. And the last thing, should you get approved, you need to secure building permits and a certificate of occupancy from our township construction department. I believe you have electric in this building, you have plumbing in the building.

482
02:21:01.360 --> 02:21:16.880
Uh which again wasn't part of the original approval, so you'll need to secure all those permits. Understood. Chairman, that's all I have. Thank you. Um before we before we go any further, um how long have they been operating there now?

483
02:21:16.880 --> 02:21:34.040
Doing granite. Mr. Chair, I was hired about 3 and 1/2 years ago, and shortly after that we filed the application with the board, and it has gone through a series of reviews by the by your staff, um but

484
02:21:34.040 --> 02:21:50.760
I say it I don't know what it was before I was hired, but about 3 and 1/2 years. So, when you were hired at that point, was it already established and they were they were in they were in business already? Is that correct? >> Blevins was the one who brought to their attention that what they were were

485
02:21:50.760 --> 02:22:07.080
was not permitted. I met with Mr. Bevin's at the site and the direction was you've got to get in front of the zoning board. This is not the way this building was approved. The approval was for storage related to the hardware store. Okay. Well, just for the record, I did

486
02:22:07.080 --> 02:22:24.960
clear it with the attorney. I purchased granite from those folks back in 2021. So, they they've been doing business for a while in that building. I'm glad to see they're coming forward and they're looking to clean it up and go the proper channel, but they have been there

487
02:22:24.960 --> 02:22:40.280
in existence running a business. Does any board members have any questions? Yes, I do. Mr. Busman. Turn [clears throat] your mic on. There it is. So, this is originally a storage

488
02:22:40.280 --> 02:22:55.520
facility and been used as such or supposed to have been used as such. And it's always been a fabrication facility in addition to the showroom in the front. Is that correct? Mr. Busman, I

489
02:22:55.520 --> 02:23:11.880
I don't have all of the history other than what I can find in the records and from the property owner. 2006, they exist the 4,000 square foot building was approved by this board as a storage building related to a retail facility that was in the shopping center. So,

490
02:23:11.880 --> 02:23:27.680
there was a And somewhere along the line Something happened. Right. So, my question is to me, this is a light manufacturing or light industrial request for use of that property, that building.

491
02:23:27.680 --> 02:23:43.040
Which is makes it an unconforming condition for the site. Of course, the site is supposed to be a storage facility, not a manufacturing facility. To me, again, uh when they're cutting marble, there's

492
02:23:43.040 --> 02:23:59.200
dust particles. Dust particles may or may not be combustible. Based on that, I know I would need a fire report to determine whether or not this facility would be sufficient without any

493
02:23:59.200 --> 02:24:16.520
additional ventilation to it to accommodate this type of operation. So, I'm I don't see right now where this is going. Oh, we recognize that as we we would need

494
02:24:16.520 --> 02:24:32.600
construction permits [clears throat] and we would need all the construction permits would require that all aspects of the building's construction be approved by your construction department. So, stipulate. >> Well, why would you come to the board when it is an existing condition approval and now want to make it an

495
02:24:32.600 --> 02:24:49.800
industrial facility? I don't get it. I think that there may have been a misunderstanding with the property owner when they did this. That's And That's on the property owner. Not for us to consider. No, what we're

496
02:24:49.800 --> 02:25:07.360
asking you to consider is the appropriateness of this fabrication facility which is ancillary to the retail operation in the center. That's what we're asking. I will say one thing. Nothing else would fit and be suitable behind there. I'm not advocating for

497
02:25:07.360 --> 02:25:23.200
anything. I'm not I'm voicing my personal opinion. Nothing would be suitable to be back there other than what's back there. Okay. I've been back there. All the stores keep all their dumpsters behind there. It's it's it's not a place where anyone is going

498
02:25:23.200 --> 02:25:39.680
to do business. Just so everyone knows. Question, Mr. Mr. Luth? Indulge me. You already answered this, but I'm going to ask you it again. Because I've been at these places. You could pick out your marble slab with specific veining. You actually point to the one you want. They're not going to

499
02:25:39.680 --> 02:25:56.440
allow that, right? That's very dangerous. We're stipulating that there's no customer activity permitted in the back of the building and confined to the retail space. That's it. For the record as well, I went to a granite place and picked out my slab and

500
02:25:56.440 --> 02:26:13.320
then it was delivered. They strictly fabricated for me. I did need to go there to pay for it though. I will tell you that. They didn't have a storefront at the time. You know, I went into the building and I paid the people but I did have to go to an outside place to get my granite.

501
02:26:13.600 --> 02:26:29.280
Any other questions from any board members? Seeing there's none, I'll open this to the public. Anyone in the public wishing to be heard on this application, please come forward. Seeing there's no one from the public, I make a motion or I need a motion to close public portion. Second. I'll

502
02:26:29.280 --> 02:26:49.000
second. All in favor? I. Okay, board members, you have an application before us. I'll make a motion. Yes. Mr. Denai. Do I have second? If there's no second, if anyone wants to move in a different direction, please

503
02:26:49.000 --> 02:27:09.480
speak now. I'll make a motion to approve this applicant. Okay, so Mr. Bussman, is there a reason for your denial so it's on the record in case it doesn't My reason is I stated and this stenographer took that down. My reason being I don't believe

504
02:27:09.480 --> 02:27:24.760
this isn't approved uh operation for the site and that it's a light industry or manufacturing facility and should not be allowed behind the retail establishment. Okay, board members, first of all, we need a second on the denial. Do we have

505
02:27:24.760 --> 02:27:42.640
a second? Seeing there's none, I don't think that motion can move forward. We have a motion for an approval. Do I have a second on the approval? Second. Mr. Lupo second. Unfortunately, Mr. Buscemi, no one endorsed your denial of the application. Right. Okay, so we do

506
02:27:42.640 --> 02:28:00.120
have a motion to approve and a second. Madam Secretary, roll call, please. Mr. Masters? Yes. Mr. Lupo? Yes. Mr. Buscemi? No. Ms. Caratori? Yes. Mr. Tanzi? Yes. Mr. Jaffe? Yes. >> Chairman LaFata? Yes.

507
02:28:00.120 --> 02:28:16.600
Mr. Chairman and all board members, thank you all and good night. Good night. All return with the site plan. I don't know. Okay, board members, we have some memorializations to do. We have application BA-5260-25,

508
02:28:17.800 --> 02:28:35.200
Mohit Construction and Renovations. Do I have a motion to >> Motion. Second? Second. Okay, thank you. Well, now you want to do a roll call or just do them in favor? Do them in favor. Roll call? Okay. Roll call, please. Mr. Masters? Yes. Mr. Lupo? Yes. Ms.

509
02:28:35.200 --> 02:28:50.080
Caratori? Wasn't here. Wait. Gary and she wasn't here. Yeah, we were both I was okay. Mr. Tanzi? Yes. Mr. Jaffe? Yes. Chairman LaFata? Yes. Okay, board members, application

510
02:28:50.080 --> 02:29:05.920
BA-5259-25, Jonathan DePiro. Do I have a motion to approve the memorialization? >> Motion motion to approve. >> Second. Okay, Madam Secretary, roll call, please. Mr. Masters? Yes. Mr. Lupo? Yes. Mr. Tanzi? Yes. Mr. Jaffe?

511
02:29:05.920 --> 02:29:24.600
Yes. Chairman LaFata? Yes. Board members, we have application BA-5092-14, Joaquim M. Fernandez LLC. Do we have a motion to approve the resolution? Motion to approve. Second? >> Second. Madam Secretary, roll call,

512
02:29:24.600 --> 02:29:39.680
please. >> Mr. Masters? Yes. Mr. Lupo? Yes. Mr. Tanzi? Yes. Mr. Jaffe? Yes. >> Chairman LaFata? Yes. Uh board members, any discussion items? Good. Anyone in the public wishing to be heard, come forward.

513
02:29:39.680 --> 02:30:11.120
Please come forward. George Colcombet, 5 Kilmer Court, Monroe. Um Mr. Chairman, a couple of the neighboring towns have have recently uh dealt with applications for uh data centers

514
02:30:11.120 --> 02:30:28.240
and struggled with the absence of ordinances to put limits and controls over them. And [sighs] basically what what I'm asking, I don't know if it's appropriate for the zoning board to appeal to

515
02:30:28.240 --> 02:30:45.400
uh the council to create some ordinances that would give you the the tools you would need to have the appropriate controls over those kinds of applications. It particularly applies to um water and

516
02:30:45.400 --> 02:31:03.640
electric usage, which are on a tremendous scale. Uh particularly the water could be enormously disruptive to any town supply. So, just throwing it out there for for you.

517
02:31:03.640 --> 02:31:19.080
If you I don't know what the appropriate thing is. You know, I probably will talk to raise the same matter matter in the same way to council at the next meeting. But, uh it would if you

518
02:31:19.080 --> 02:31:36.200
feel you need some tools in order to have appropriate controls over those kinds of applications, it would probably come be better heard coming from you than from just one member of the public. Thank you. That's all I have. Thank you.

519
02:31:36.200 --> 02:31:52.280
Anyone else from the public? A motion to close the public portion. Second. All in favor. Aye. Any correspondences? Seeing none, I will need a motion to adjourn. Second. Second. All in favor. Aye. Thank

520
02:31:52.280 --> 02:32:00.000
you. Good night. Were you wrong? [snorts] Um were you right?