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I'd like to start the meeting. Would everyone please rise? Pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, liberty and

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justice for all. Please be seated. Welcome everyone. Zoning board of adjustment meeting June 4th, 2026. Adequate notice of this meeting of the Oldbridge Township Zoning Board of Adjustment has been provided in accordance with the open public meetings act at least 48 hours prior to the

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commencement of this meeting by posting in the uh municipal complex announcement giving the time and location of the agenda of this meeting such announcements to Home News and Tribune filing such announcement with the municipal clerk. Posting the agenda on the municipal website

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may we have a roll call please Mr. Hollahan. >> Miss Andrews >> present. >> Miss Gomez >> here. >> Mr. Rizzo >> here. >> Mr. Scognau >> here. >> Miss Spinelli >> here. >> Mr. Singh is absent. Miss Fernbach >> here.

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>> And Chairman Sullivan >> here. >> Just a couple housekeeping issues. Uh if you have a cell phone, please silence it so we don't interrupt the meeting and those that are going to be testifying. I would appreciate that and so would everyone else. This meeting is being televised on a local cable TV on channel

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15. Simultaneously, it's also being sent out over YouTube live. If you ever want to refer back to the meeting, you can find it on Is that me? >> Find it on YouTube. Tonight, counselors, we have uh three and I'm going to split

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it into 50 minutes from the time we start the first one. Uh the meeting uh supposed to end at 10 for any public comments in the last half hour. Uh we can be a little flexible with that, but we tried to adhere it. Maybe you're not

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going to use the whole 50 minutes. We each. We'll we'll see how how that goes. Um Mr. Pat Varga of council to the uh board this evening. I would ask now if you could swear in all of our professionals. Mr. Varga. >> Certainly. M. >> Mr. Hollahan, are you going to be

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testifying tonight? Why don't you get sworn in as well, please? >> Raise your right hand. Do you swear, affirm, tell the truth, and nothing about the truth to help you got? >> Would you each say your name and your and your professional? >> Sure. Ryan McCarthy, the board engineer.

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>> Paul Desi, uh, engineer on behalf of ERRI, >> Salvin, >> and Daniel Hollahan, zoning officer. >> Thank you very much. We'll move forward. We have a couple other highkeeping items. minutes April 16th we're uh hopefully everybody had a chance to

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review them absent any commentary I ask someone move those for adoption >> move it >> second >> moved and second roll call please >> Miss Andrews >> yes >> Miss Gomez >> yes >> Mr. Rizo >> yes >> Mr. Scognner. >> Yes. >> Mr. Finanelli.

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>> Yes. >> Miss Ferbach. >> Yes. >> And Chairman Sullivan. >> Yes. Same applies. April 30, 2026. So we'll move those for adoption. Please. >> Is there a second? >> Andrew. Second. >> Moved in second. Roll call, please. >> Miss Andrews? >> Yes.

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>> Miss Gomez? >> Yes. >> Mr. Rizzo? >> Yes. >> Mr. Scogno? >> Yes. >> Miss Benelli? >> Yes. >> Miss Fernbach? >> Yes. >> Chairman Sullivan? >> Yes. We move on to resolutions. There's two this evening, counselor. uh 35-2025Z. >> Thank you, Mr. Chairman, members of the

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board. This is an amended resolution. Um, as the board may recall, the board um memorialized this resolution at a last meeting. There was a typographical error in that resolution that is just being corrected at this time. >> Thank you. You've heard uh the uh resolution. Someone want to move it please for adoption.

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>> ISO. >> Is there a second? >> Second. >> Was that Miss Spiny? >> Roll call, please. >> Miss Andrews. >> Yes. >> Miss Gomez. >> Yes. >> Mr. Oo. >> Yes. >> Mr. Scogno, >> yes. >> Miss Benelli, >> yes. >> Miss Ferbach, >> yes. >> Chairman Sullivan,

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>> yes. 47-2024 Zergen Complex Concepts LLC. Councelor, >> thank you, Mr. Chairman, members of the board. This is a resolution granting an application for preliminary final major site plan with use in bulk variance relief for property known and designated as block 13,000, lot 19.12, aka 30 3699

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US Highway 9. As the board will recall, this was this application received bulk and use variance approval to construct a 672 square foot double-sided billboard that was 55 ft in height as a second principal use on the subject property. >> Word members, someone want to move for

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adoption, please. >> Gomez, >> is there a second? >> Is roll call, please. >> Miss Andrews, >> yes. >> Miss Gomez, >> yes. >> Mr. Rizzo, >> yes. >> Mr. Scogno, >> yes. >> Miss Fenelli, >> yes. >> Miss Fernbach, >> yes. >> Chairman Sullivan, >> yes. Thank you.

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Uh we'll move on to applications for council. There are seven members seated at the seat. Uh 17-2023Z Northwood Manor at Oldbridge LLC physical location and that's Jake Brown Jake Brown Road. Uh they're seeking major and preliminary

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and final sight plan. That matter is going to be adjourned to a date to be determined uh with further notice. If any of you here are on Northwood Manor this evening, it will not be heard. So, we move on to the finals for the uh the evening. We'll start with the

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Bentley Realy Group. It's 46-2025Z. Uh Bentley Realy Group, Inc. This is in the CR zone block 4185, lot 9.11. Physical location is 1043 Highway 9. Major preliminary and final site plan with the Dvariance. Applicant proposes

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to convert space in an existing building previously used as a Friday's restaurant for a Dunkin Donuts and a Jimmy John's restaurant with drive-thru office space and retail space. Salvator Fury Esquire on behalf of the applicant sir. >> Did it go green?

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>> I did. Okay. Salvatore Alfury Clearary Gobi Alfi and Jacobs on behalf of the applicant. As the board chairman indicated, this facility or this location is the former Friday's restaurant. Um the Zach family who are the applicants have four existing Dunkin

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Donuts in town. This will be their fifth. Um we have Jim Herman is our primary Jim Henry is our primary witness. Uh we have other witnesses here if questions come up, but we're going to probably have Mr. Henry present everything and then if we need a discip different discipline up, we'll bring

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them up. So Mr. Henry, we need to have you sworn in and qualified. Sir, please raise your right hand. >> Do you swear, affirm, tell the truth, nothing but the truth to help you God. >> I do. Thank Please state your name and spell your last for the record. >> James Henry. Hen R Y. >> Over to you, counselor.

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>> Mr. Henry, will you place your credentials on the record, please? >> Sure. Uh, I have a bachelor of science and civil engineering from Ruckers University, uh, minor in public planning. I also have a masterers of science and civil engineering from Ruckers University. Uh, as far as lenture, I'm a licensed civil engineer in New Jersey, Pennsylvania, New York,

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as well as Connecticut. I'm also a licensed professional planner. I'm a senior principal at Dynamic Engineering Consultants. I've worked there for over 20 years. Um, >> thank you, sir. You testifying this evening as a professional engineer, correct? >> Yes. >> Okay. And I appreciate that. And particularly for those at home, it gives them an idea of who you are and what

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you're going to be talking about. >> Absolutely. >> So, I thank you for putting those on. We accept your expertise. >> Thank you very much. >> Thank you. So, Mr. Henry, I know you have some exhibits that someone has. >> Yes, there. Can we put them on the board? >> Maybe go through each one.

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>> If not, we have a hard We have an easel. Should we do that? >> Um, check with Danny on that. >> A1, please. Yes, >> Danny has it. >> So, Mr. Henry, you're I assume A1 will

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be an aerial of some sort to orient the board as to where this property is located. >> Yes. An A1 is an aerial exhibit uh prepared by Dynamic Engineering. Uh it has a property outlined in yellow and then it has a dash line outlining the 200 foot lit 200 foot area around the

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subject property. Um the property ID is block 4185 lot 911. Uh address is 1043 Route 9 and Downing Street. Uh the location of the site is located on Route 9 um on the

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northern side of town. Uh it's basically on the on the border of Sarville. Um it's a shopping center that that you see basically if you're driving south on Route 9 from the Parkway. It's one of the first shopping centers you see on the northbound side. Um the shopping center currently has

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Powerhouse Gym, Kohl's, and then Ali's Bargain Outlet. Um from a zoning perspective there, the existing zoning is regional commercial zone. Uh the overall size of the parcel is approximately 31 acres um which is existing non-conformity in the zone. Uh

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its principal frontage is on route 9 as well as Downing Street. Uh and then it has a number of internal private roads within the existing shopping center. Um the part of the parcel that we're going to be focusing on is the area in red on this exhibit on A1. Um it's an out

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parcel uh located along Route 9. There was an there was a TGI Fridays there that's now vacant and we're looking to repurpose that into a uh new upgraded commercial use as part of the pro proposed development. Uh as far as adjacent uses, uh to the

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north of the property is the uh existing BJS. Uh to the south uh are residential uses as well as the um commuter parking area. Um to the to the west are commercial uses as well as residential uses beyond. And then to the east are

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residential uses, but that's the area that we're concerned with or kind of is up by Route 9. Behind the existing shopping center, there's an existing residential um use. One thing to note, there is another Dunkin Donuts on the other side of Route 9. Um that is also operated by by our client um and they're

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looking to put one on the northbound side. >> And and we're here tonight at the zoning board rather than Well, first of all, the the the proposed use is fully conforming in terms of a use, correct? Yes. >> And we're here tonight because there's a gym in the shopping center proper that

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is a non-conforming use and that triggers the devariance relief. Correct. >> That's correct. >> Also, there was some comments in the board professionals report about the off the retail space that's proposed. We don't have a user for that space. Correct. >> Right. So, if we can um shift over to

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A3, I believe, which is the site plan or no A4. Uh it's a site plan rendering and A4 is just a colorized site plan rendering prepared by dynamic engineering dated today. Um and this

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basically shows the existing building and we're going to be splitting it up into a few different um different uses. Uh there is an existing uh office there is this new office we're introducing to the existing building. That office is going to be primarily used by the Duncan franchisee as their offices. And then

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there's a retail user um on the end on the on the west on the east side of the building um that we don't have a we don't know who the tenant is. We're anticipating it just be one of the permitted uses that's allowed within the zone. >> So there'll be no devariance relief associated with either of those two uses.

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>> That's correct. >> Okay. Sorry. I just wanted to make sure the jurisdiction was clear and the variances were clear. >> Correct. Uh as far as existing access, we're not really modifying any of the existing access. The main access is off Malleta Way. I might be saying that

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wrong. I apologize. And that provides act that provides access off of Route 9 off of Downing Street. And on the southernly side of the site of the overall shopping center, there's Westminster Boulevard uh which is on the south side of the parcel. The lease area

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for the the uh applicant um is in and the parcel uh located closest to Route 9. And that's the area we're going to be focusing on tonight. From an existing parking perspective, uh there is an existing parking variance, uh which we're actually going to be improving as part of this application. Um when you

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take the TGI Fridays and you consider all the the number of parking the number of um seats within the TGI Fridays, you know, and then propose then compare it versus the proposed use, the actual parking demand goes down. But since it's an existing parking variance, we have to be requesting that as well tonight. So,

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just going through the proposed uses. Um, there's a restaurant with a drive-thru which is tenant one. Uh, this is a combined space uh for Dunkin Donuts as well as a Jimmy John's. For those that don't aren't familiar with a Jimmy Johns, a Jimmy John's is sort of like a Jersey Mike's type operation. It's just

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for like sandwiches and things of that nature. Uh, the drive-through use is going to be solely dedicated just to the Dunkin Donuts. It's the Jimmy John's is more of like you go inside and grab a sandwich versus the Dunkin Donuts that will be operating the drive-thru uh component of this application. Uh we designed this so that it has a pretty

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significant amount of stacking. Uh we've got two menu boards which helps processing times faster from the Dunkin perspective. And then we have you know typical Dunkin Donuts. Um I didn't mention at the beginning of my testimony I've designed probably around like 30 to 50 Dunkin Donuts. So I'm very familiar

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with their operations uh all over the state. Um but typical Dunkin Donuts is usually between like nine and 11 car stack. Um, you know, I know you probably saw during COVID, there was all kinds of issues with stacking. Um, and in this case, you're not going to have that. We have a very significant stack. We have

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16 car stack, which is even more than a typical Starbucks. I also do a lot of Starbucks. Starbucks have usually around a 12 car stack. So, this is four more than a Starbucks. So, this is a very long stack for for a you know, QSR, a quick serve restaurant. Um, the sec

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second tenant is the office space. As I mentioned, that will be um primarily used as the offices for the applicant. And the third space is the retail. As far as improvements, the existing building is basically saying uh the same. There is a small building addition on the west side of the building. Um

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let's see if I can find my clicker here. >> You happen to have a pointer with you? >> I do. >> Maybe it'd be helpful if you walked around where the splits are going to be. How how is it going to be split? Uh show the uh way that the cars are going to come in. >> Sure. Thanks.

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>> Um, so for the drive, if you're coming off Route 9, you'd be coming down going around getting a drive-through lane. You'd be lining up on the uh on the north side of the building. There's two drive-through drive-thru lanes that are uh I don't know, is that the one you want me to point out or is that good?

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>> Yeah, that's fine. Y >> um so there's two lanes basically and then there's a full bypass lane uh which I think is one of your ordinance requirements for drive-throughs. Uh so we have stacking all the way down to roughly about here, which is the edge of the loading zone. the two cars can stack and then they have two different menu

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boards. The menu boards then merge into a single stack and then there's two two uh windows on the east side of the building. Um so it allows for a really long stack and really no no stacking out on the road or anything like that. Um so this is where the Dunkin Donuts is going to be the Dunkin Donuts Jimmy John's.

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They're both owned by Inspire Brands which is a you know kind of a restaurant uh business and our client is a franchisee of that. Um, so they're able to combine both of these uses within one building. Then this is where the office is going. The office is going to the centerpiece and then the retail is going

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on the uh on the easterly side. There's also an external cooler uh which we're hoping to maintain as part of this application. Uh it's already there. So what Duncan's looking to do is just have additional freezer storage uh you know that that already exists. um if it's not able to be reused once they get their

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mechan their MEP in there, they might want to remove it, but they want to have that additional freezer storage, which is on the south side of the building, and maintain it and clean it up. Um, as I mentioned, there's two mostly existing building, but there are two small little building additions to allow for uh two

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different menu boards or sorry, two different drive-through windows. So, we're adding approximately 200 225 square ft. As as part of the improvements, we're going to be sealing. I I believe it was a suggestion of your engineer to seal and kind of mill and repave the areas we're going to be grading as well as proposing new

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pavement where we're proposing new pavement. So, when you pull into the center over the overall parking area looks like brand new. It looks black. It's not like you have like a black area and then a gray area. It looks very uh consistent. Um so, as part of the improvements, we're going to be reducing actually approximately 800 square feet.

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Overall, uh motor vehicle coverage also reduced approximately 2,800 square feet. Aesthetically, this is going to be a major improvement from what's out there today. Obviously, the building is is is in a bit of disrepair. Uh, as was mentioned earlier, the existing the uses that we're proposing are fully permitted

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and uh the only reason we're here in front of you today is because of the uh the gym use, which is a non-conforming use, which is part of the the bigger part of the center. From a bulk variance perspective, there really there's a number of uh existing variances that we're just going to be requesting that's

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mostly related to the existing overall shopping center. I just want to highlight one or two areas which we we don't comply. One is the front yard setback. So, the front yard setback is essentially remaining the same. The only thing is we're adding little canopies over each of the uh drive-through

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windows. So, we are asking for a front yard setback because we're a few feet closer uh to the front yard. We're not pushing the building any closer. We're basically maintaining the existing setback, but then adding a adding a uh menu or a uh canopy over the over the uh

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windows. The site is relatively irregularly shaped overall, although our pad site is is you know, I guess kind of like an L-shape. There's also um um two other variances that are required primarily regarding there's there's a buffer

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requirement in your ordinance to route 9. Um it's an existing condition. It's mostly grass. I believe one of the comments either from the board's planner or the board's engineer was to add just a row of shrubs along the uh front of the parking area and we're agreeable to do that to make sure the headlights

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don't don't shine towards Route 9. Uh but one of the big things for this type of use in shopping centers in general is just basically having visibility of the signage that's along the front. So, one of the things we are asking for is a uh relief from the minimum landscape buffer as well as the tree requirement along uh

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along that buffer area. From a parking perspective, I mentioned uh we are improving uh the parking variance under uh proposed under existing conditions, there's 108 spaces required for the pad and under the proposed space under the

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proposed sit um situation, we're required to have 123 spaces and we have 70 spaces in the pad. Overall, uh the parking requirement is 1351 and then we're proposing 1,118 spaces for the overall center. Uh it's a reduction in

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38 spaces from the original requirement for the TGI Friday. So we're requesting the variance, but it's a reduction in the requirement. So it's a better uh condition than what existed prior. Um we are requesting a few um waiverss associated with the parking stall size.

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We're proposing 9 by 18. For angled spaces, your ordinance requests um 10 by 20.5. Most of our spaces do have an overhang area which allow for larger vehicles to overhang. Uh so we essentially do provide that 20 foot length uh because there are overhang

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areas. Uh there's also a waiver associated with the curb radii whereas uh 5 foot radius is the minimum and we're proposing just slightly below that. From an EV parking perspective, we're not proposing any EVs on site because we're not increasing the number of parking spaces by more than 25 spaces

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on site. So there's no requirement as far as the state code for providing EV. So we're not proposing that access. There's really no changes uh proposed. This type of use is, you know, as many of you know, is more of like a pass by use. So, if you're going to the Parkway, you might stop in here and get a cup of coffee and then go, you know, head on

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your way. Um TGI Fridays is more of like a destination type of use where you go there, you want to get food, you want to get dinner. Um so, we do have a traffic engineer here, but you know, I do have a letter of no interest which we can provide that basically shows that we are uh not increasing uh significantly the

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number of trips on site. Um, so we have a traffic engineer if you want to hear from them. But this type of use, about 70% of the use, 70% of the customers go through the drive-thru. Uh, it's a pass by use. You stop in here in the morning. And really the peak is generally between like 7 and 9:00 a.m. Uh, and that's when

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the peak happens for the Dunkin Donuts. >> And Jim, just to clarify, the letter of no interest is from the state because you're on the state highway. It's the end DOT. Correct. Correct. So I'll provide I'll send a copy to the board. If this were approved, I'll send it. I have a copy in my hand, though.

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Um, and then just finishing out the drive-through operation, there will be clearance bars. So, there's no sort there's clearance bars right before the menu boards. Uh, so we do have clearance bars that will, you know, basically make sure that, you know, really tall vehicles don't go through the drive-thru. From an operations perspective, similar to the the uh drive-thru on the other side of Route 9.

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We're going to be asking for 24 hours. The professional office and the retail are going to basically comply with general ordinance requirements. um you know they're you know generally regular office hours 8 to5 or 9 to5 or so uh and then the retail will just be compliant

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with the uh any you know the municipal requirements. As far as a number of uh employees we're anticipating roughly about eight employees for the Duncan/Jimmy John's. Uh you know for the office use we're expecting between like four to eight employees within there.

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It's probably it's very low. They're not anticipating very many employees. And the retail use would just generally be whatever user it is in there. I don't really have the number of employees, but you know, my guess is it's probably around five employees or, you know, two to five employees for for a small retail use like that. As far as uh deliveries,

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we're we provided a large loading area, which didn't exist under the existing conditions. There's a trash enclosure located uh just adjacent to the loading area. That's going to be a masonry decorative trash enclosure, a high quality trash enclosure. And then there's going to be a large loading area just just below that. Uh, and that allow

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for box deliveries. So, trucks that can come in, they can come in here, they can pull right into the the striped area. The striped area is significantly oversized. It can it can it can uh hold two different box trucks at once. Uh, and then the box trucks can just come out and pull right out and then get back

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on route 9. Um, Jimmy John's is also going to be using box trucks. And then the office retail, you know, maybe you have a UPS delivery or something like that, but, you know, generally speaking, they're they're probably going to have, you know, little vans or something like that. As far as deliveries, you know, relatively small

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vehicles. Um, from a utility perspective, we're anticipating just maintaining all the existing utilities. Dunkin Donuts does have an internal grease trap from a sanitary sewer perspective, but there is an existing grease trap on site for the TGI Fridays. So, we're going to work with the OBMUA

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as far as trying to make sure that we, you know, comply with the grease requirements. You know, Dunkin Donuts really just like kind of reheats food so it doesn't like have active cooking. Um, so we're anticipating that to be sufficient and if it's not, we'll have an external grease trap on that from a from a sanitary sewer perspective. Um,

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as far as storm, uh, there was a comment, I believe, in the professional your your board engineers review letter as far as teething the existing pipes and we're we're agreeable to do that to make sure the existing storm water is in good conditions and we'll do that for the pad site area because that's the area that we're um maintaining, you

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know, basically developing the lights on site. Um, there are seven existing area lights. We're proposing uh to maintain or relocate approximately four of them. Um the freestanding lights, we're going to also be proposing a few freestanding lights. Overall, there'll be three single head, three

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dual head, two existing dual head, and five existing dual heads uh with a mounting height of 18 ft. And then there's building mounted lights, which will be around the perimeter of the building. Uh those will be nine nine building mounted lights with a mounting height of 14 and a half. There is a

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design waiver because based on the I guess based on the mounting height of the fixture, there's a certain separation requirement. Well, what the way we designed the lighting in general is just to try and make it fit in with the rest of the center, but also to make sure we comply with the DOT lighting requirements because you're not allowed

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to throw lighting on onto Route 9. And lastly, probably the most importantly, we're trying to make sure that we have at least 0.5 foot candle through the parking area to make sure it's safely illuminated. This is not the type of use we want to light up like bright. We want to make sure it fits in well uh along

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along Route 9 corridor. From a landscaping perspective, you can see we're proposing quite a bit of landscaping around the perimeter. There's a number of trees proposed over here where there's existing uh increasing existing grass area. We're proposing a number of trees along the rear of the building. And then, as we

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mentioned, we're going to be buffering up based on your the board of professionals comments. We'll we'll make sure that we provide a nice uh shrub uh buffer along Route 9 to make sure we block all the uh headlights. um really trying to layer the planting layer the plants so that there's an effective

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year- round visual buffer. Uh overall, we're proposing um 38 trees, 112 shrub plantings, and uh 55 ornamental grasses. Overall, we're proposing approximately

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200 um 200 different species. One thing to note, that is going to increase with the uh number of shrubs that we're going to be proposing. Um, so it's going to be a significant buffer along Route 9 once we do the do the the row of shrubs. Um, there was a number of comments as far as

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replacing the species. I believe by the board's engineer and the board's planner were agreeable to changing all the species as was recommended and making those modifications. And I already went over the the various waiverss and variances that we need uh for that for that buffer area long route 9. Uh there

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was one other one other waiver I believe that was just one tree shall be planted each 40 feet of landscape trip landscape strip. Uh we're just we just move the land the the tree area to the back just so like it the trees don't block the uh shopping center signage.

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Uh from a signage perspective, uh there is an existing TGI Friday sign in the dark area on the top lefthand corner of this was a four >> four. Um it's it's not really located in the best spot. What we wanted to do is just

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relocate that that sign over to the um the north easterly corner, northwesterly corner. Um and then it'll have a sign for each one of the tenants within the building. uh we wanted it located closer to where you turn into the building so you can make the the decision there rather than seeing it over here and then

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can be confused you know which driveway you pull in. So um monument sign we're just moving there's two existing monument signs we're moving moving one of them over um and then that sign uh complies with the ordinance requirements. Um from a building mounted

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signs we do have a few variances we are asking for. Uh we are asking for 10 signs on the building. Um one thing to note although we are asking for a number of signs we are significantly reducing the sign area. Uh so right now there's

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286 square feet of signage on the building. We're going to be reducing that down to 161. Duncan just has a number of these like kind of smaller little signs that go around the outside of the building. It's very aesthetically pleasing, which you'll see on the architecture u exhibit, but they're just little signs that kind of go around the

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building. And then one other thing to note, uh we have a sign basically facing the main entry on the back of the retail use, which I believe there's two variances associated with or one variance associated with it as far as the facial location. Since the Dunkin Donuts is up at the intersection, the sign is back here. Uh it's basically

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just facing Route 9 so that if you come in, you're looking at where you have to go, you can make the turn and know where you're going. Um, so there is as far as facial location, there's a variance associated with that. Um, then there's obviously a menu board, a preview board associated with the Dunkin

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Donuts. And then as far as outside agency approval, obviously we, you know, we need the the board's approval and and the granting of the the use variance. Um, we also need Middle Sex County, which we already did obtain. Uh, Freehold SEDD, which we did obtain. We have a letter of no interest from the

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DOT. Uh so we have all outside approv approvals already other than like the OBU MUA uh which we're waiting on uh a review letter from right now. So um if we could just show Do you want to go through the architecturals as well? >> Just briefly show. >> So we could just switch to the

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architecturals just so we could talk over them. Um >> is it A9 is probably better better just kind of A8 for the floor plan. So, uh, this is A9. This is a color

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rendering of the proposed buil existing building that's going to be refaced, uh, prepared by GKNA. Uh, you can see there's not, you know, the building really is more modern. It really helps create a gateway in into Old Bridge. Uh, the signage is, you not significantly

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large. Um, the FAA the this is kind of the main entry to the building on the side of the building. This is going to be facing the park and ride. This is the part, this has got the two drive-through windows. This is the part facing Route 9. So, we have two two uh signs for the Jimmy John's and the Duncan. And then on

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the other side, we got the Duncan, the Jimmy John's, and then there's going to be two signs associated with the office as well as the retail user. And then on the back of the sign, back of the building, as I mentioned, there's two signs associated with the Duncan and the Jimmy John's, which is facing the entrance to uh from Route 9. Uh so those

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are a quick summary of the overall number of signs that we're proposing. I think the building is very modern. It really helps, you know, update an existing outdated building and really kind of helps modernize it and bring it in, you know, and make it look new and uh really more of a modern design which

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I think is a really sleek look. >> That's all we have of the engineer. Mr. Chair, >> who are we going to go to first? >> Uh MacArthur, >> you know what? I will start this time only because um I just wanted to uh fill the

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board in and give a little more background about this area. So this shopping center um has uh struggled over years because um it is it is designed with the

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planning principles of the 70s. Uh so you have a sea of asphalt um then you have the building set back. In fact it was in like 7 years ago that um I

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started working on an area investigation study for this entire area because um there were a number of vacancies in the shopping center as well. And if you notice, if you look at the aerials or even if you visit the site, right? Um

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there is lot of empty parking stalls most of the times the parking that is occupied is on the NJ transit parking lots and then the old bridge commuter parking lot. So I started working on a

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study so that I could pursue a transit village designation for that area. Um I had meetings with NJ do for the transit village designation combined with NJ Transit um DCA

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and everybody was super supportive that we redeveloped this site into like a compact mixed use typical uh transitoriented development. However, COVID hit and then the ridership for the bus went down because that bus line has

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one of the highest riderships comparable to even train uh NJ transits operate. So, it slowed down but then it caught momentum again in the last two years as the township was preparing the

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affordable housing the fourth round affordable housing plan. This area has two sides which are owned. One is right adjacent to this property which is the NJ transit parking lot. Now NJ transit

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is selling both its lots to economic development authority and they will redevelop this site. And one of the reasons I met with them was they wanted assurance that we are still proceeding with the transit village designation

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they will be able to get the density they're looking for because once you're in a designated transit village area then you develop a plan to support mixed use and when I say mixed use it also

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needs some level of density to uh so that that development actually is not auto dependent. You don't need as much parking. People who stay there generally take the bus to commute to New York City

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or to travel anywhere they're going for work. And then you have other supporting uses which these residents can enjoy. So I am still on target to work on the transit village designation. It's part

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of our um last approved housing plan. Um there are strict deadlines that I have to meet. So in the next um before the end of the year, you should be seeing not you I mean planning board should be

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seeing uh the area investigation study and then subsequently the council will have to approve the redevelopment plan. All this to say that we have made a lot of efforts to revitalize this shopping

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center, but because of the way it's designed, it always because generally when you're on route 9, if you're you're at a high speed, you see something and you enter the site and want to shop or dine. But when your users are far set

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back behind, visibility becomes an issue. I am hoping that with the redevelopment plan in place, this whole area will revitalize. Now, TGI Fridays had an outdated building. It's right at

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the entrance and it's I call it the gateway to uh Old Bridge, although we are on northbound side. That is actually our municipal Ernston Road is our municipal boundary. So, any efforts to uh improve these areas are more than

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welcomed. Um so having a modern building um always is an attraction. I think um there are a lot of improvements that are proposed. The variances that are there, majority of them are existing when it comes to buffers. Um they are existing

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and um the applicant is agreeing to add in landscape landscaping. So overall I'm very supportive of the project. Justin, you can thank me later for giving your part of the planning testimony. But um I think it is important the board

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understands that actually there has been a lot of work. It's not just this site but lot of work that has been going on in the background and you will see it come to fruition in the next two three years. >> Thank you Mr. W.

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>> No problem. >> Now Mr. McCart >> thank you. Uh I'm just going to go through our letter for some uh areas where we're looking for testimony. So I'm just going to the first one I see this is under the planning comments, but it's also site plan related. So first comment is number 20. Um is there any

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intention to have the customer and employee parking separated by signage or striping or is it just to use the site as it as it's proposed? >> So we don't like to designate employee parking because if there aren't employees parked there, then people don't park there. Um, you know, the the

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number of employees we talked about are isn't very significant for this type of use. So, we prefer not to designate them. >> Okay. Uh, for the solid waste on site, is the intention to use the trash enclosure for all three uses? >> Yes. >> Okay. Get more.

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Okay. I'm going to get into more of the site plan stuff here. So, um, number 29, uh, it was about the site plan checklist waivers. Really the only thing we were looking for in particular, it was listed as not applicable for any covenants or deed restrictions as well

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as any easements on the property. So, just wanted to confirm that there were none for this patent site. >> For this patent site, not that we're aware of. We did we did provide a survey which we did a you know that that shows the title search. So, >> okay. Um there might be some associated with the shopping center but not in the passenger.

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>> Okay. Uh comment number 44. You did uh briefly touch on the EV parking. I just wanted to confirm and and based on quick math you're under 75 spaces. So 388 parking spaces would be sufficient for the pad site. >> Yes.

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>> Okay. Um we were looking for some uh discussion regarding the clearance signage that's going to go through the drive-thru. So, is the intention to only have maximum height restriction on the bars themselves or is there going to be

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additional signage posted? >> Uh, it's just on the bars. >> Okay. >> There are no logos on those bars, right? >> There are like little Dunkin Donuts logos like not like not like signage, but there's there's like it's colored

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like Duncan. It's on it's on uh the detail sheet as far as what's on. >> Can you pull up? I just want to make sure if there is a variance situation, we get it approved right now. >> Okay. >> I don't know if I have the site plan in there. >> All right. Let's go to the signage chart. It's probably on that sheet.

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>> Actually, it should be on our >> the signage detail >> website, right? >> The signage detail. Sorry, that's >> that would be A5. >> A5. It's the same as the site plan submitted.

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Um, so on the top left hand corner is the uh clearance bar. So it's just it just has like a little car on there. >> Which point you have the pointer? >> I'm sorry. >> Um >> I think you should get >> So it has drive-thru on on top. It's got little arrows and then there's a little

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Duncan car which on other towns I've run into sometimes they consider that signage, sometimes they don't. But and then there's >> I mean I would say just get the variance approved on that one. >> Okay. just to be on the safer side. >> So, yeah. So, we'll be requesting

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whatever relief associated with the A5 exhibit of the uh drive-thru bar um signage and or lettering >> because the text actually doesn't trigger any issues, but it's the logo that >> Yeah, just the car. Yeah, because the

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drive-thru it's just drive-thru that has a clearance below it. I don't think any of the text or the coloring is I think just primarily that that car. >> Just the logo. Okay. Um, under the stormwater management comment, so that's number 52 on page 10.

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Uh, we are looking for testimony regarding, so we noted that it's not a major stormwater project, but just wanted to confirm, um, making sure that there was no more than 1 acre of disturbance on the site since February uh, 2nd of 2004. >> So, we're not aware of it. Uh, as from a

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pad site perspective, we're not over that. So, okay. As far as we're aware, I'm not unaware of that. Okay. Yeah, I just wanted to get it on the record. Uh, and then comment D. Do you know if there's any existing operations and maintenance manual recorded with the deed for the property or for the entire site?

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>> I am not, but we can ask the owner and see if there is. >> Okay. Yeah. I would just think it would probably be uh suggested to make it a condition for the property just to make sure that any existing drainage on site, the basin, any of the piping is just all we're asking for is that it gets

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maintained. And typically properties and projects that were done before 2004, it was never required to be deed restricted. So just because it was installed, chances are it's not getting maintained anymore. So just making sure that we put it in the deed. So that way anybody who owns the property will always be required to to maintain it.

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>> The only could we could certainly try, but we don't own the property. So we'd have to go to our landlord and see if we can get cooperation. Yeah, I think because this is such a small property, I think it would be that's that's I mean it's up to you guys, but I would be comfortable with at least asking the

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landlord if they're willing. Um I know it's hard because it's not a it's not like a big anchor tenant. So um we can make it a condition that they attempt to get a deed restriction. Um that would be my recommendation. >> We would be glad to make that and we'll

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document whatever efforts we make. >> You agree with that then, Mr. >> Yes. Thank you. Okay. Um and then comment number 56 in the top left corner of the um the pad site. It looks like there's an outdoor seating area. I don't

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believe there was any sight lighting proposed for that area. So just wanted to confirm if any is going to be proposed or what what the intention would be for that. >> Yeah, it would just be illuminated by the uh building building sign or the building mounted lights. Um so that's

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really illumination that we Okay. That's that's everything I have. Thank you, >> Mr. Desi. >> Okay. So, something for you to consider, maybe in that outdoor dining area, you have

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some sort of wall-mounted motion sensor sign or something because um I don't want it to become like a hangout space till the entire area is revitalized. I don't want that to be a pocket with dark

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spots where uh kids or people go and hang out because we get a lot of complaints um of that area. I like literally every month there is somebody complaining that you know when is this area going to improve because of some of the nefarious

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activities that go on. >> So yeah, we'll work with your office or the engineers's office for that kind of lighting. No problem. >> Y >> uh just starting off uh for some of the comments we discussed with the township engineer. So, we are removing comment

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number 40, comment number 46, and comment 57B from our letter. Um, but then continuing onward under the site plan section, uh, item number comment number 33, could you please provide testimony regarding

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queuing, queuing backups? It appears that there might be a queueing issue if you get beyond uh, seven cars entering the uh, drive-through queue. Sure. We we do have a traffic engineer and he could go into it in depth. Um in my experience, as I mentioned, I've done,

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you know, somewhere between 25 and 50 Dunkin Donuts in that that ballpark. Um this is one of the longest cues I've ever proposed uh for Dunkin Donuts. Typically, their stack is roughly between nine and 11 cars or so. Um so

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really, it's because there's an existing building here where we're able to provide more stack. Uh so we can we can stack significantly all the way up to the basically the end of the loading zone uh without really interfering with any sort of circulation. Um so I'm not concerned at all on the stacking for the

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uh driver. >> Would you uh should the board act favorably, would you uh be opposed to providing a queuing analysis? >> We can provide documented queuing from other sites that we have studied and showing that it it doesn't exceed like

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16 cars. >> All right. Um, comment number 37, uh, pedestrian circulation should be depicted on the plan. Um, since it is now, uh, turning into a drive-thru.

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Yeah, we one thing we can do here uh and I believe we might have spoken before the meeting, we can add a crosswalk and then provide some sort of pedestrian area from the uh commuter lot in case there's people want to walk over after they parked. Um so we can provide a

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crosswalk across our the drive aisle and then it will require some additional impervious just to provide a sidewalk that goes to the front of the building. Uh but I think the benefit of adding that allows, you know, for pedestrians to cross over, safely make transition through the parking area from the m.

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>> Um to add on to that, would you be opposed if if the board acts favorably to continue the pedestrian um access to the intersection where there's a a curb ramp on Downing Street?

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>> This this area right here is really too narrow for the the sidewalk. I mean, if you wanted a crosswalk across I mean, this kind of leads we could we could do a crosswalk here and then sidewalk out to the corner and connect to this ramp that's right here. Uh, if the board wants um I don't I

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don't think we have any issue with it. It's just a little bit more of sidewalk. >> Uh, moving on. I believe 57 you discussed that you talked to NJ dot so you have the letter of no intent. Um and then I just wanted to put on record

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that there will be approximately uh an additional 120 trips on Saturdays which NJ dot is considered a significant amount to the site. >> That's not why >> we have to bring our traffic.

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>> We have we have a we have a letter of we have a letter from NJ DOT less than 100 trips. >> Okay. U so I believe we're we're not a significant impact >> that's all for me one you're good right for now

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>> good >> we go to the board members on our left starting at the uh Miss Fern >> so the Dunkin Donuts there's only going to be one way out one way in one way out.

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Correct. >> Yes. >> Okay. >> Oh, well, two ways in, one way out. >> Two ways. >> There's >> You can come in the other entrance. >> Yeah. So, there's a there's a one-way entrance >> on the uh northeasterly corner and then there's a two-way entrance on the south

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easterly corner. So, it's like one and a half driveways. >> We would go in and go around. >> Yes. So, if you were coming in, you could come in here, go in this way, >> or if you wanted to, if you wanted to come in, you can come down here, come in here,

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>> and they're going to exit out. They're exiting out on that back street. >> Right. So, they circle around the building, come over here, get their food, come around the front, and then exit out. And then they could either go this way or they could go that way. It's good. Um, and how many parking spaces are

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close to that building for the retail area that wouldn't have to walk across a path of cars? >> They wouldn't have to walk across >> the path of those cars exiting the area. 11 There's 11 spaces and then there's 14 on the opposite side that would have to

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cross over. >> Thank you. >> How many handicap accessible spots do you have? >> We're showing three right now on on the pad site. Um the overall center we didn't calculate but there's there's

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a number and that's compliant. The pad site's compliant with ADA. >> Anything else? Miss Gish. Oh, well apologize, >> Mr. Finnelli. >> Uh, yeah, I just wanted to get a little bit of clarification um on page three of

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the um environmental resolutions memo. Uh number C, it's talking about the variance relief in event that the final nature of the retail use, the proposed retail use. >> Yeah, we could be we stipulated that we

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won't require variance relief. It will be a conforming use. Okay, that was my question because I'm just uncomfortable >> understood >> giving a vote on something is unknown. >> Okay. Right. >> Okay. Um and then you also stated that the primary office space use will be

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Dunkin Donuts and Jimmy John's. What I mean that primary means most of it. What's the other part of it going to be? >> It's it's it's >> it's all going to be for them. >> Dunkin Donuts, the the owner of the business, the Dunkin Donuts business. And then lastly, um I guess it's just

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the way it ended up working out that the obviously it was where the kitchen was in Fridays, the freezers and are on the opposite side of really where the Dunkin Donuts would have been better. Are they accessing those walk-ins from the outside because I think those, correct

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me if I'm wrong, are like built in to the building. They're not just >> if if we're going to use them and they're going to make a determination. We're either going to put an internal hallway in the building to get access to them. So, it's not connected to the retail. >> So, Okay, that was my question. It was

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it going to be connected in any way to the retail? Okay, that was it. Thank you. >> Thank you. Can you go in Dunkin Donuts and purchase items? >> Yes. >> Yes. >> And what about the other store? Can you go in there also? >> Yeah. Only the only could go. When you say the other store, you mean the Jimmy John's? >> Yeah.

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>> Yeah. That's only um service within the building. There's no drive-thru for Jimmy >> John. >> I'm sorry. I know you gave us numbers for the southbound Dunkin Donuts. You figured, but this is northbound. This is commuter route. >> So, I think the numbers will be much

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higher. >> Like I like like I said, like so the number of we we studied all the So, just so you know, the Dunkin Donuts that I've worked on, they're like in they're like the worst case scenario. So, the Dunkin Donuts I've worked on, there's two on Old Bridge on the Parkway that are on

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the on the kind of pull-off areas that those two are designed for nine cars. Okay. So, they're directly on the Parkway. Um, we I' I've worked on one in Hitlet right on 35. I've got one on Freehold on Craig Road just south just

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further south of here by the by their by the kind of Manalap and Freehold border. Uh, that has roughly about nine cars. This has almost double that. So this is this is designed to be way more than your your standard. >> Yeah.

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>> As the exit on Downing then you then you have to make that right right onto Route Nine and and merge into the traffic. >> Yeah. Yeah. So there's >> or you can go back on uh Milta Way and take that exit over there. But again,

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you're getting merging into Route Nine. >> Yeah. And and the one other thing to point out, um, you know, something that's kind of developed from COVID is a lot of people just kind of order on their on their mobile app. So, like I do it, um, I don't want to wait in the drive-through queue, so I order it before I get to Dunkin Donuts. I They

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have two We have two spots designated for the Jimmy Johns and Dunkin Donuts. You walk in, you get it, and I get it in like 30 seconds rather than having to wait through a two-minute drive-through queue. Um, so, you know, there's there's that aspect as well. So, >> so Jimmy John's and Dunkin Donuts, you can go inside. You can go inside and

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there's like a mobile there's two spaces designated to mobile pickup as well. >> So the parking one would have to park to the right then go into Dunkin Donuts park to the front. >> Yep. Exactly. >> Okay. Thank you. No >> problem. There is a

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>> So when we when you open up it's going to be Dunkin Donuts. You might not necessarily have any use for the office and the retail at the at that particular moment. Well, the office the owner is going to use it. That's >> it. All right. So then the uh retail

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aspect, >> we don't know. >> But no matter what, Duncan's open. >> Correct. Yeah. And and the retail, as we mentioned, is going to be a permitted use. So it's going to be something that complies with your ordin ordinance requirement. >> All right. I'm good, >> Mr. Andrew.

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>> Yeah, I'm I'm concerned with the um the retail space because there are so many things that come under retail. I I would be concerned with uh having a vaping shop which seemed to be very popular. I seem to see them all over.

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>> Also something with um adult type of entertainment of anything like that that comes under retail. I know that >> I would be concerned with something like that. When you have any idea of retail, what are you considering?

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>> A bake shop? a bake shop, a nail salon, you know, something something along those lines. I mean, Vina, correct me. Are those uses permitted in the zone? >> Yeah, retail use, retail sale services are permitted. Um, personal services are

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permitted. >> So, I I missed the first part. What >> uh vape vaping shop uh vaping shops seem to be I seem to see them all over. >> I mean, vaping. >> No, vaping. Those are those >> we have no issue with no vaping, no

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adult >> no >> entertainment. There's no intent. They don't want to ruin their business with those kind of >> I would let Danny answer but I I found out unfortunately um adult shops come under retail. >> Yeah, we won't do that here. We have no

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issue with a condition. >> Yes. Things that would >> to answer the question about the vape shops. They do meet the definition of retail sales and services. It would be a permitted use in this zone. It would be. Yes. That's why I'm concerned. You know why I'm concerned about that?

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>> So, yes. So, if the board were to approve the application, they can impose a condition against that and adult whatever you call adult entertainment or products. We have no issue with either of those >> being prohibited. >> Thank you. >> And a reference to the uh the D1 for the

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We're going to get to that. We're going to talk >> the planer will come up for that only. >> Okay. And uh as far as the last retail, we don't know yet, but it's going to comply with with whatever. It's not going to be open-ended. >> Originally, the application indicated

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that it would be >> whatever, but we agree. >> It has to be within within the >> permitted uses only. >> Chair, may um once you're done, I have a question before you >> Oh, when I'm done. Okay. What's the reason for moving the uh that's a not

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that's not a monument. That's a that's a a pier, is it not? >> Right now it's it's an existing monument. We're proposing a very a nice looking decorative monument. >> The problem is you're very close to the corner now. >> That's where we want I mean that's where you want to be. You want to be, you know, visible so that

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>> I understand that. But is obviously you can't interfere with the sight triangle to to be able to come out, >> right? >> What's wrong with where it where it is? It's kind of >> it's just it's it's too far away from where you make where you come in. >> Well, there's only that's there's only one turn you can make.

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>> No, I understand that. Also, it's just from a visibility perspective, it's just it's just not great. So, what we we met with the client, we went out there. We looked at where what has the best visibility so you can make a safe turning maneuver. And this is compliant with the setbacks. It's not in the sight triangle. It's not that and and the and

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the sign itself is compliant from a square footage perspective. So, it it's compliant with the ordinance. It's just we're moving it uh just for better visibility and and a better location. >> The south side of the building is where the patio used to be, right?

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>> Yes. >> And and presently it's still there. >> Yeah. >> Uh that's going to be the entrance way, correct? If I wanted to go inside. >> Yes. >> To any of them. >> To any of them. Yes. >> For the office as well and for the new they'll all be there. So, is there going to you're going to designate if you're

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going to designate handicap spots, you're going to have to do it in an area close the closest as possible, right? >> Yeah. So, we have two spots located in front of the Duncan, right? Um with a van accessible and then we have another space. We we kind of broke them up so that if you wanted to go in this use, we have another space on the

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>> Good. That makes sense. >> Yeah. >> Okay. So, that'll be moved. And what was my other one? One of the problems I have with all of these, and he owns the one across the street, you said that the gentleman seated in the audience, >> is the backup on the highway in the

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morning, >> because every dump truck stops because they can't pull in. So, they back up and they're going to back up right on that slip ramp that goes make the turn on the Downing. Um, I know there's not a way that you can

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possibly pre prevent that because they do it in front of his place going southbound. They do it at Wawa, which is further north of you in Saveville. It creates quite a problem and and I don't know how we can prevent that. But

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because it's an attraction, these are destination stops and these drivers know where they're at. They're going to back up. They're gonna park there and they're gonna back up and walk in to get their their food andor their coffee. They do it already now on his side. And

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sometimes his queue backs out onto Route 9. That that's not going to happen here. We're not going to be in that situation. Like I mentioned, the queue here is very significant. Also, just let's say a landscape truck or something like that coming in here. I mean, there's a there's a big loading area. So, there's an area for that you could kind of

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>> That's not the guys who are using it. It's the dumps. the dumps and the tractor trailers that are pulling up. >> Mr. Chairman, >> they're getting their coffee. Yes. >> Um, we had a note in here regarding potentially restricting truck movements by putting some signage. Um, the typical, you know, no trucks except for

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local deliveries to the site. Would that be um would you be opposed to doing something like that? >> Well, it doesn't solve the problem out on Route 9. It only solves the problem coming into the park. I have no problem with them getting deliveries. uh the prior owner, I mean the prior

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usage got got all their deliveries there, right? >> Their liquor, their food, uh any accessories. It's stopping out on Route 9 when trucks are not supposed to be stopped. There is no stopping. It's a slip lane. It's a deceleration lane that goes into the turn. >> I don't know if there's really much we

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can It's because it's happening within the DOT right away. I don't know if there's It's more of an >> And it happens It happens in front of your his other store right across >> more of an enforcement issue. >> Yeah, I think so. It's more because I know we have issues even with the VA on

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uh 9 and 18 everywhere that's an issue but I think it's it's something that has to be uh enforced uh rather than because I have been to the Duncan on the other side and I noticed that every morning that there are trucks parked but there's

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nothing we can do unless >> I know that you can touch signs there or put signs there but you could probably ask the DOT to do so >> because There probably is no warnings there right there right now to uh for no stopping or standing.

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>> We could we'll I just looked at traffic engineer. He said we can make that request. I don't know. >> Yeah, I know you can't control that, but if if if there's some way we could mitigate that that that from happening, it would be helpful. >> Okay. >> Thank you. That's all I have. Mr. Alfair,

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>> I just have one quick last thing. Uh just >> Oh, yeah. Deina, do you want to go first? >> No, it's okay. Okay, just really quickly just wanted to I hate to harp on it, but regarding the sidewalk along the frontage there along the leadway, um Vina was discussing that this is going

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to be a transit village and that's that's the intention and with all the leg work getting there. Um it looks like there's between 4 and 4 and 1/2 ft at the smallest section there. I do understand that a tree would have to get removed. Um there may be a way to

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squeeze around the light post, but I would just like to see it because then offsite there is sidewalk that goes towards the BJS. Um and if again if this is going to be a transit village and people are going to generally be taking busing, we would like to see that there's some kind of pedestrian interconnectivity on the site.

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>> Yeah, I'm sure we can work with your office as long as we can be flexible. like if we have to move that that light pole into the parking lot into the parking area. Um if we're trying to make it all ADA compliant, we might have to remove a number of those trees and things like that. So if if you're flexible as far from a tree removal and

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a lighting perspective and make sure that all that stuff is out of the way, we don't we don't have a problem doing that. >> Okay. Thank you. So Jim, in that same context, right, I'm just looking at the plan, maybe extending that um sidewalk

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to the landscape island and then having a crosswalk so that because once the NJ transit site is developed with mixed use and you know the whole area is developed, there will be a lot of pedestrian traffic that will be also uh

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going in to pick up their coffee in the morning. So I think this site when you come back to us for compliance, we should look at having some sort of crosswalks and extension. >> That's what I think I was getting at. Maybe I didn't describe it very well. So

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based on your our most recent discussions, we'll put crosswalk. We'll put this entire island basically is going to be concrete. >> Yep. >> There's going to be another crosswalk across and then that'll connect into this ramp over here. >> Okay. And then in addition to that,

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there'll be a crosswalk across this one. >> We'll have sidewalk that runs >> correct >> to the north and then connects into the the pad site. >> Perfect. I think that will be really helpful. Um can I Okay. Uh the one

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question I had was the walk-in freezer. >> Yes. >> So what is it for? Because you still don't know what retail use is going. Is it >> It's going to be associated with the Duncan. It's just going to be like, you know, extra storage for like if they have, you know, a larger delivery or if

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they have they need some additional supplies. Obviously, there's another Duncan across the street. So, they want to make sure since there's already a walk-in freezer there and they're expensive, they want to be be able to still use that one if it's in good working order. Obviously, they have to have someone go in there and make sure it's in good condition. If it's not in

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working order, they have no problem removing it, but they want to re they want to use it if it is in good working order. So the freezer would have access from outside, not >> we would we would install like a a hallway >> to connect it >> interior. >> Interior. Yeah.

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>> So you you'd enter you'd enter in over here. There'd be a little hallway that goes up to this point. >> Okay. >> And there's already a hallway going this way. And if you look at the floor plans. >> Okay. >> So it just be extending the hallway a little bit here so that the Duncan could then access it through the the back.

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>> Okay. And you know while while you're on um I just wanted you to answer I mean I can wait for Justin but since you are in the flow of it I'll just ask you um there was a comment 23 in or in the

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review letter which said that um you know typically drive-throughs are uh permitted as a conditional use and there are conditions laid out. I believe you meet all the conditions except for one.

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And would you agree with me that these conditions are actually tailor made for standalone drive-thru facilities, but this being different, this is like this is a pad site, so the drive-thru window

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being on the front really doesn't apply in this situation. >> I agree. Yes. >> Okay. All right. Thank you. >> Thank you, Mr. So, what uh Mr. Alfuri, uh I've given you now

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58 minutes. I know you have another witness. If the other councils want to lend you time, that's up to them. But otherwise, I I'm going to have to in fairness, >> it's it's up to them. Our planners going

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to take since Miss Miss since Vina and Mr. Henry have pretty much covered the variance. It's just really to dot the eye to say here's why we entitled to a use variance which is because it has nothing to do with our site. It's it's up to you Mr. Chair or them. We only

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need two minutes is what I'm saying. >> You turn around. If you get a nod from one of them to say yes then >> I know who they are. >> Mr. Gan and Mr. Chia. >> Okay. Mr. You're Mr. Chia correct? and you're going to be next. So, >> you'll end them five.

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>> Thank you. I appreciate that, sir. >> Thank you, Justin. >> Mr. Alfury, >> you only have two minutes. Justin >> and three minutes for questions. >> All right, we'll raise your right hand. Do you swear, affirm, tell the truth, nothing but the truth to help you got it? >> I do. >> Please state your name and spell your last for the record.

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>> Justin Oiello. A U C I E L L O. >> Over to you, counselor. >> Mr. Aliello, please place your planning credentials on the record, please. and he has testified before us. Please place your credentials on the record. I'll recognize them. >> Yes, Mr. Chair. Thank you. Um, so have a master's degree in in planning from

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Ruggers University. I've been a licensed planner in the state of New Jersey since uh 2008. >> And that is license is current. >> It's current. >> And you have recently testified. >> I've appeared to this board on many occasions in the past. >> Continue. Mr. Alfury >> Justin, the engineer discussed the C variance relief. So I just want you to

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focus on the D1 that we are requesting, please. Um, so as was stated earlier, the D1 variance is not related to the application that's in front of us uh or the the Duncan um pad site that's here this evening. It's related to the gym

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use. Gym use is a is a long-standing use. It's been on the site. Obviously, this site um you know suffers uh from a lot of challenges in terms as as as Vina had stated, it's a very outdated site. um that gym from a planning standpoint, I think it's it's particularly suited um

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because it is adding some life to the site itself. Uh this it's a gym use. There's plenty of parking for it. Um it's also a helpful use for the site as well because it provides customers, people go to the gym and I think this is going to be a great use, a a great um

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you know, synergistic use if you can get your coffee or your sandwich afterwards. version of a sandwich is the best thing to eat at the gym. But be it as it may, uh it's a good uh you know synergistic use. In terms of the special reasons that are advanced u with the gym, um I

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think it's it's very clear it's a benefit to the general welfare under purpose A for the reasons I had stated and purpose G there is more than sufficient space on the site to accommodate the gym and the applica and the the Duncan use um that's here this evening as well. Um I don't see any

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negative impact to the zone plan or the zoning ordinance. Uh the the CR zone uh even though it does not permit a gym um the gym uh you know it's a you commercial use um and it does have uh synergy um on the site as well. Um so I

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don't see any negative impact to the zone plan the zoning ordinance and certainly I don't see any substantial detriment to the public good if the board should choose to to grant this relief. in terms of the master plan of the township of the me. This is exactly the type of of use or improvements that

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your master plan uh you know speaks to to encourage you economic um vitality and to encourage the the reuse and and activation of shopping centers especially on Route 9. And even though the use variance is not related um to uh

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what's on the screen this evening um you know certainly testimony from uh from Jim has shown that you know there's substantial landscaping modern building um and it's it's something that that I believe uh the township you know can be proud of uh right up on on Route 9. So

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for all those reasons I think the benefits of of granting that relief um certainly outweigh any um detriments to the same. That's all we have. >> Mr. What? >> I have no questions for just me. >> Any of the other professionals? >> No thanks.

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>> Let's start on my left going down. This is in reference if if we don't know. It's the powerhouse gym. If you were in the Kohl's area and you went to the very end, it's that's where it sits. >> I have to say I'm a little bit confused. >> Okay. It's not on this page.

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>> I know where it is. I know where it is. >> Right. We're on two sides of this area. I thought we were talking about the old Fridays. >> We are. >> So, the the problem is it's all on one

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propert. It's all on one property. >> So, even though it's nowhere near this >> corner, >> it's all one parcel. >> Okay. Now, you were talking about walking back and forth. I don't think that's safe. >> No, no, no. So, um, you know, so I was

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saying it's there's a natural synergy here, uh, with the gym and the uses that we're talking about this evening. I mean, certainly no one's going to be walking, but if you go to the gym and then afterwards you want to get a cup of coffee, there's that that linkage which you would then drive, you know, through the shopping center.

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>> Okay. And we're going to have a traffic study on that little bitty road. >> No, we're not going to have a traffic study. No, we don't. because you've got um Aldi's and that there's shop I shop at Aldi's

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often and for me to come out of there sometimes to take a left is very difficult. That's a that's a busier intersection at Downing Street than you would think. >> I just wanted to throw that out there.

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>> I understand nothing's going to change though. what whatever is there now, they're not it's not a new structure. It's the same structure and I guess it's the same people who are using the gym, >> but you're going to have a few different businesses in there. You're going to have a a a Dunkin Donuts that probably

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is going to get a lot of traffic and bring it back to why this use variance is unique. If that gym didn't exist, >> they would not be here before this board >> and they would only be here for the bulk variances. But because that gym exists, it essentially ties their hands to

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require them to have the use variance. So this use isn't impacting the use variance that the they're before the board requesting relief for because it's a Dunkin Donuts that is a permitted use in the zone. The retail use is a permitted use. The office uses a

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permitted use. It's just this quirky thing in the wall that because on this gigantic piece of property on the entire opposite side of the property there's this non-conforming use that they're trying to legitimize in order to proceed because they can't add this use to the property based off this and

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that's why they're here. So why there if this was a traditional and this Duncan needed a use variance. Yes, all your concerns we'd be kicking them down the curb and making them prove but this Duncan donut is a permitted use. So just really and on f focusing on the impact look at the bulk variances that they're

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requesting the frontage the buffering but in terms of the use that's an existing use that's not going to change. >> So >> thank you. >> Let's go. >> I only have a question about the the variance. >> I'm sorry the um the variance and as

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Miss Andrew said before about the retail part of it. If there is something else going to be put there, would they have to come back before the board to apply for another variance? >> So they have testified that only uses that are permitted in the zone is what

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that that retail space would occupy. If it was a use that is not permitted, then they would have to return back to the board. >> Okay. Thank you. That's my answer. >> Melli, >> I'm good. >> Nothing. >> Nothing at all. >> Very good. >> Sanders. No, not with regard not with

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regard to the um the gym. Although I was wondering why it took so long to come and ask for a variance. That was >> that gym's been there for 10 years or more. We have no idea. >> Yeah, I just thought it was very odd. >> I think uh yeah, it

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because it's all part of that one. >> Now I get they want they want to do everything and clear it up. I have no questions and I know it's been there for a long time. Uh, I don't think it affects one way or another the property. It is a it's a struggling mall. It

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really has been for years. I mean, I I I have no idea how Kohl's stays open. >> Uh, and I know the the little pizza place that man has been there, that family's been there for years years. And believe it or not, they get an attraction, but I know it's a struggling area, and I certainly have no it's been

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operating. Nothing's going to change in in the gym. I thank you, Mr. Oil. >> Thank you, Mr. Chair. >> That concludes our presentation. Okay, I do have to go to a quick public portion. Okay, this is matter uh 46-2025Z uh Bentley Realy Group. This is commonly called the old Fridays and they're going

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to rehab that rehabilitate that building for different use. Anyone want to be heard on this matter? Please raise your hand or stand. This is likely to be the last time you'll have an opportunity to do so. So, I would urge you if you want to make a comment, please do so now.

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Councelor, I see no one. I'm going to close the public portion. >> Certainly, Mr. Chairman. >> Public portion is closed. Mr. Alfur, >> I'll wave any closing argument. We've already over time. I'd request the board grant the approvals with all the conditions that we've stipulated. >> Yeah, I'll I'll quickly if there's anything that we want to clear up before

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we do this, I'll go right down the aisle here. But please, if you have something, let's do it now. >> Miss Andrews, any any any comments? >> Just those two exceptions, the retail. >> Yeah. And and I think we've been guaranteed that that's going to coincide with what is allowable, right?

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>> Uh we don't want it an attraction. >> Certainly. You mentioned vapes and I think you said you the owner certainly wouldn't wouldn't want that in in the area or adult uh actions that would be counterproductive to the good order in there. And we appre we appreciate that.

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And I'm glad to see that finally that building is being rehab. Uh there's nothing like using property that's already there and bringing it back to life. So I don't have any problem with it. Uh I'm assuming we can go full speed ahead here and uh >> Yes, Mr. >> You are going to ask for a vote,

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correct? >> Please. >> Okay. We're seeking major preliminary and final site plan with the variance and this would include uh the uh bulks as well. Correct. >> Correct. It would include the bulks and the design waiverss. >> And the design waivers. Someone want to uh move this please? >> Is there is there a second?

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>> Second. This is for approval. Roll call, please. >> Miss Andrews, >> yes. >> Miss Gomez, >> yes. >> Mr. Rizzo, >> yes. >> Mr. Scogn, >> yes. >> Mr. Spinelli, >> yes. >> Miss Fernbach, >> yes. >> Chairman Sullivan,

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>> I think you you put all the proofs on that you needed to put on. Uh, and again, I'm glad to see that this is being rehabilitated and it's being used. My vote is yes. >> Thank you and thanks for giving us the extra time. We appreciate council on the way out. >> On the way out, I will. Thank you all. >> Good night, Mr. Ferry, thank you and

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your witnesses for the presentation. >> Thank you very much. >> Uh, I don't know about that. Let me just check. Is Mr. Granada here in the room? Is Juan Figareroa here? >> Is there Mr. Figueroa in the room?

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>> So, who is he? >> No. Okay. All right. At this point, yeah, it looks like the other applicant is not here. They'll work to your favor. Those folks are with you, sir? >> Yes. >> Okay. >> So, the the room is clear. So, I'm

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assuming that that other applicant is not showing. >> Mr. Chair, uh, Vina, very quickly before the meeting, I didn't get too much information. I think there was an issue with their application. Um, on the plan, it calls for that it's just a single family residence and I believe there's two apartments, so that kind of muddies

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up the water. So, they may have to renotice, but I mean, it's going to work with them. >> Okay. >> Not that's not us. >> No, that is not you, sir. >> All right. Let me call it Let me call this in 54- 2020. You're ready. >> 54-2025Z.

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It's Jessica Kriscowski. This is R six zone block 5000.25 lot 41. Physical location is 28 Purdue Road. Uh seeking D uh for variance. The applicant proposes a second floor edition. Jason Church Esquire for the

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applicant. Sir, thank you, Mr. Chairman. Uh, as you said, Jason Churches, C H E R C HI A on uh from Winskman and Spitzer on behalf of Miss Kriscowski. Um, so here we're here tonight, the applicant is the owner of the single family residence located at 28 Purdue

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Road in Parland. Uh, we're here tonight uh seeking to put an addition on the home. Obviously, this is single family residence which doesn't require site plan approval, but because the home or excuse me, the addition exceeds the um maximum F ratio, floor area ratio, uh we

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do need a D4 variant. So, that's why we're here this evening. Um there are two other non pre-existing non-conformities relating to the setbacks. Uh those were approved by this board in the '9s. Uh that was resolution 53-98Z and the date of the resolution is

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September 17th, 1998. Um so here we're just seeking the uh variance for F. Um there were some comments and I just uh I just want to be clear, we're not seeking to add a second unit to the home. It's a second floor. Uh there is a kitchenet.

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We'll explain why it's not a second unit uh based on the definitions in your ordinance as well as the way the the the architectural works out. Um uh so tonight we're just going to be offering the testimony of Miss Kriscowski as well as our professionals

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uh John Brower who is our architect and John Tina who is our planner. So I'll if I could call Miss Kriscowski up council. Thank you so can remain standing and be sworn. >> All right. Please raise your right hand. Do you swear, affirm, tell truth, nothing but the truth? Help you God.

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Please state your name and spare last for the record. Okay. >> Jessica Kriscowski. K R I S K O W SK Ki. >> And you're the owner of the property. >> Yes. >> Over to you, counselor. >> Thank you. Um, can you just uh introduce yourself? Tell us who you are. >> Jessica Kuskowski. Live at 28 Purdue

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Road. >> And uh when did you purchase the home? >> 2011. >> And uh what uh when why did you purchase the house? >> In 2011, um I purchased the home. I was looking for a house that was close to my family in Saraveville. My mother grew up in Madison Park, so I knew the area. Um,

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and I still have two sets of families that live down the street from me currently. >> Uh, and can you just describe the home that is the existing home what's there now? >> It's a ranch style with three bedrooms and two bathrooms. There is a full basement which is uh pretty much half

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finished and the other half is storage and utilities. And can you uh just why are we looking to add the second floor to the home? >> Okay, I wrote this down. So, I'm a single mom who's recently divorced and previously my ex-husband and I decided

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it was best to keep our son in the current home we were growing up in to maintain as much consistency for him as possible. Um, he's back there. He's in seventh grade at Carl Sanberg. He is uh on student council, peer leadership. He can apply for junior honor society next

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year. He's part of the Oldbridge Soccer Club. He plays travel soccer. He volunteers with the Just for Kicks program. So, he's he's built, he's steady, he has his friends in the neighborhood. Um, and it's a place we wanted to keep him. However, I am a full-time teacher at South Planefield

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High School. I advise two clubs. I'm busy and help is is needed. Rides, pickups, just anything, even just dinner. Um, that would be helpful. My parents around the same time, they're both retired. they're looking to downsize their space. They would prefer

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a ranch style house and actually tried to find one in Madison Park, but when they were looking, the ones that were for sale weren't uh what they needed and what was available just wasn't working for them. So, the idea would be we would all live together, everybody having

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their own space. My aunt lives around the corner on Colombia. She's partially disabled, so my parents help her regular for them to get to her. They would help me with my son. It just seems that it would be an easy situation for everybody, which would allow us to be

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together, but also have our own separate private spaces to continue the consistency I want to try and keep. >> And just to be clear, you're not adding a second unit. You're not looking to rent anything out or anything like that. Okay. Um, that's really all the questions I have for Miss Kriscowski.

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You have a separate entrance for them >> or No, there's no separate entrance planned. Oh, you'll be using the same entrance to come in and they'll just be living uh on one of the floors, whichever. >> Okay. >> Who do we have in a professional in here wants to ask anything?

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Mr. What? I think one of the uh one of the questions concern I had was that it appears with the second floor edition that you're creating an

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additional unit because I see a new kitchenet on the second floor. I see a living space. So I was confused as to why do you have because you're uh

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renovating the ground floor kitchen then why do you need a kitchenet on the second floor? >> Okay. Um simply for the ease of my son getting ready in the morning getting some breakfast making a cup of coffee um washing a dish keeping some fruit in a

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refrigerator. not meant to be cooking um but just an easier space for us to still maintain. There's no >> I mean to be honest um I'm a single parent too. >> Okay. >> And um my son was seven as well. Um so

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it for that reason because to me there is no way for us to control if you rent out the upstairs. You have a washerd dryer upstairs you have bedrooms a living space upstairs. It's not like

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that living space is a bedroom. You you call it a living space. You have a kitchenet. So to me, it appears that you're creating a second floor um apartment and there will be no way for us to police that. And the zoning

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officer is right here. Actually, Danny, I know you reviewed the application with me. So that would be our primary concern. Well, I we would certainly be willing to agree to a condition that it would never be able to be rented out separately from the home itself. Um, as

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far as there's no cooking facilities up there. So, as far as what the town defines a dwelling unit, uh, the dwelling unit is required to have a cooking facility or at least that's how the town defines it. So, there's no cooking upstairs. It's just the fridge and the sink. Is that right? >> Correct. And the it's going to be open

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to the downstairs. So, it's not going to be separate. So there's no separate doorway or entrance to get in there. When you go in the front door, you could go up the stairs. There's no door you would second door you would go through to go upstairs, right? Yeah. >> Will you deed restrict it? >> Sorry.

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>> Will you My question was, will you deed restrict it? >> So can I maybe propose a middle ground, which would be to provide a deed like a a deed notice or a declaration where we would we'd record the resolution. My concern with doing a deed restriction is if the zoning were some day to change in

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the future and it became and two family dwellings became allowed. If we had a deed restriction, we'd still have to come we couldn't come to this board to lift it. We'd have to go to the chancery division to lift it. There's no way around that. So, if we could simply

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record the deed, uh, excuse me, record the resolution and impose in the resolution a condition that it is not to be rented separately from the home itself. So, it would remain a single family dwelling. I think that would be

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more amanable. That way if in the future if it came to pass that there were two family dwellings did become allowed then we would not have to go to the chancery division to uh make it a two family dwelling and that would put them on par with any other anybody else in the

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district the zone now who would not have that restriction who if the zoning were to change in this hypothetical you know the they would be able to make a two family residence. you would include that in the deed notice that's recorded as well. So not only would the resolution be recorded against the property, you would also it would be

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in the actual deed. >> So the deed notice would basically say put put everybody on notice in the >> Oh, I know what it is. Trying to be clear. >> So it would the deed notice itself would include the restriction. The deed notice would basically say announce itself as a deed notice and we're attaching the

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resolution as exhibit A and here's the resolution that attaches and the resolution will speak for itself. >> Subject to complying. Got it. That would not require us to go to the chancery division. It would keep everybody on par with everybody else in the neighborhood. If if in my

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hypothetical the zoning were to change. >> Danny, I know you want. >> Yeah. So, the way the the way that our ordinance defines a dwelling unit is a combination of bathroom facilities and cooking facilities. If there's no

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cooking facilities in the kitchenet, my question would be then why is it called a kitchenet on the plans? If there's no cooking facilities, >> I mean, >> so if there's no cooking facilities, then it wouldn't constitute a second dwelling unit. >> I mean, we we could label it something

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else. I mean, that maybe is a we could call it something else certainly. I mean, it's not there won't be any cooking. you won't be >> I have no issues on a zoning side with a refrigerator, a pantry, a sink, a washer and dryer up there. Um the only issue it comes in when there's cooking

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facilities. I think maybe it's just a labeling change I think would clear things up. >> Um >> and also I think we should put in a condition that should this get approved, it will never be used as a second dwelling unit.

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>> That would be included in the deed notice. >> Or I would maybe just >> that would be included in the deed notice. Sorry. >> I would just maybe add something along the lines that there can't be any cooking facilities installed unless they return back to the board for a D1. >> Sure. >> Fair. >> And so to lift the condition if assuming

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there's no zoning change to lift the condition, we'd have to come back to the board. >> M what? >> I'm okay with >> it was never intended to be a cooking kitchen. Correct. >> No. >> You've just labeled it kitchenet. >> Correct. Could have made you feel

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better. >> It could have been a Could have been called a den, right? >> With a refrigerator. >> A wet bar. >> I heard that used a bar. >> Just as long as your son doesn't use the bar, right? We could call it a coffee bar. >> I wouldn't call it a bar. Uh I wouldn't

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call it a bar. >> I don't want to interfere in the legal ease here. >> Sure. >> And I don't think that the panel does either. >> So there has to be some sort of an agreement if we want to continue. I mean, we're going to continue either way, but I don't want to mislead any of the members of >> I mean, I we've done this before in

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other town. I'm not with this board, Mr. Chair, but we have done this another town because the concern is that the deed restriction is forever. And this board can't lift if it even if it wanted to could not lift one. So, it would have to go to the chancery division and

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that's a whole other kettle of fish. So, I would say the happy medium would be the the the deed notice just in basically says, "Hi, this is a deed notice. We've got this resolution. It's going to it's attached here to as exhibit A and we submit it to the county

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clerk for recording and the resolution speaks for itself." And that way any future I'm familiar with it and it's happened before, but I have to take advice from from council. So if council if you if you two are going to agree then the board will at least know know that we're in a safe territory here.

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>> Yeah, >> I'm comfortable with it. >> Okay. And Miss Juan understanding any of the professionals you have any uh any input? >> We did not review this uh application. >> Okay. >> Um I

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you going to testify anymore that you have anything you want to add? >> Just stay because somebody might have some questions. Why don't we go to the questions on my left? >> None. >> I just have a quick >> I just have a quick question. Um, as far

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as what constitutes cooking, can they put a microwave or a a um >> air fryer? >> Yeah. air fryer or toaster oven or I'm just saying like is that >> like is it a stove and an oven that

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constitutes cooking? >> Correct. Yes, there's >> Okay. So, >> correct. >> I mean a microwave is a microwave. It doesn't matter. And then just another quick question just logistics. If and when the house is sold, I know you're not planning it right this second, but how does that affect the next person? Is

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that deed restriction then follow through? >> Correct. So it wouldn't be the deed restriction. It would be a deed notice and it runs with the land. So whenever you buy the house, you get your title binder. It's going to be in the title binder saying, "Hey, this property is being bought subject to this deed notice." And then everybody's going to be flagged. What's in this deed notice?

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And it's going to say the resolution and then you're going to see what the restrictions are. >> Okay. Yeah. Because she's agreeing to it, but the next person may not. >> But now they have to. >> They have to be notified, right? >> Correct. By title. >> Yeah. >> Thank you, >> Mrs. Swan. I drove through the area.

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Very few homes have a second story. Is there any reason for that? >> No, probably that's how uh the Madison uh garden area was developed. But I do see that some newer homes are making those additions and the area is slowly

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transforming because these are smaller homes. So when there is a need to add additional space or a bedroom, people are coming in with those additions. So there is a house um and their planner

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can testify diagonally opposite which is also >> right across two floor structure. >> And there's nothing in the R six that says you can't. >> No. >> So and are you going to be removing the roof to add the addition? >> Oh, that's the next

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>> we have an architect. So that's a question for him. >> Mr. >> This is for you, mom, dad, and your son. One entrance, one home. Everybody lives under the roof. >> I'm good, Miss Anderson.

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>> Yes. I noticed I read it's got it's the one uh one car. >> Now you're asking for four. Where would that be? Street parking or you have I think we're going to hear from you about that.

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>> Uh we have we can answer that with a different Thank you. >> Okay. >> I think yeah, one of the professionals is going to put that on the record versus the applicant. >> You're off the hook again. >> Uh >> I have not. I'm I'm good. >> Thank you. >> You want to bring up I bring our next witness, please? >> Yeah. Thank you.

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>> Thank you, >> sir. Please raise your right hand. >> You swear affirm, tell truth, and nothing but the truth to help you God. >> I do. >> Please state your name and spell your last for the record. >> John Brower. E R O W E R >> Over to you, counselor. >> Thank you. Uh so if you would just give us the benefit of your background and qual.

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>> Sure. Graduate of New Jersey Institute of Technology with a 5-year professional degree in architecture in 1992. Licensed to practice architecture in the state of New Jersey since June of 1998. My license is active and uptodate. >> Thank you, Mr. Brower. We accept your credentials, your expertise.

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>> All right. If you could maybe give us some more detailed description of the existing home. >> Sure. The as has already been stated, the home is a ranch style home with a partial finished basement. Uh the type of home is very typical throughout that neighborhood as we're all aware. Uh the square footage of the existing home is

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currently has a footprint of 1441 square ft. Uh which has already been stated. There's three bedrooms and two bathrooms in the existing house as it stands right now. There is an enclosed uh they have a rear patio that runs across the u the width of the house and there is a small

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enclosed area in the back. I don't know when that was if that was built um before uh the home was purchased, but they they plan on keeping that existing enclosure as it is right now. >> Um and so how big is the home currently?

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>> Uh 1,441 ft. >> And so when we're uh we're seeking to add uh well, can you tell us the number of bedrooms and bathrooms and what we're adding? >> Yeah, as we already stated, it's three bedrooms, two bathrooms. >> And what are what are we we're adding? What are we adding? Uh the parents, as

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stated, uh they're looking to downsize and move into the home uh by creating this in-law suite um with this proposed partial second floor addition. Uh the proposed addition is 1,126 square ft. >> And then just for the record, if you could just explain why we're a single

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dwelling and not two dwellings. uh as it's designed. Um you know, the the the proposed spaces on the second floor would would create um two additional bedrooms, a small office space, um a common hall bathroom, the living area,

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and this kitchenet with the laundry closet. The kitchen has no stove as it's already been uh testified, only a refri a refrigerator and cabinetry for their own personal use, separate from the main kitchen. Um, the proposed addition is completely open to the first floor below

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and has no separate entry door from the exterior. There are no separate utilities proposed for this addition and this addition cannot be used and isn't designed to be an accessory dwelling unit or an apartment. >> And uh, as far as the elevations and facades, obviously we're adding a second floor, so there's going to be a change

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in the facades. Can you just kind of explain what we're going to be seeing? >> Sure. There should be upgrades with vinyl siding and asphalt shingles. Uh with respect to the roof, uh the question about that, um the this whatever structure is not being touched, that will remain. Um but in terms of finishes, they'll have all new finishes on the entire house

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>> and it'll be consistent with the existing neighborhood. >> Absolutely. >> And then I guess do you have a the zoning table on one of the boards you have? So I I mentioned obviously we're looking at for an F variant so we don't conform with that requirement but and we have

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some existing non-conformities with the setbacks that were approved by this board so they're they're granted by variance but can you walk us through some of the other zoning uh bulk standards that we do comply with >> with respect to the all the uh setbacks on the property we conform the second

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floor conforms with all of those uh we also conform with height um and as was stated the only reason we're here is for the floor area ratio And we also comply with the minimum landscape area ratio. Is that >> okay? Um and the just for the benefit of

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the board, can you just tell us what the maximum height allowed in the zone is? >> Maximum height is 35 ft. >> And what are we proposing? >> 25 foot4. >> So we're well below the maximum height the height limit. All right, that's all the questions I have.

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>> I have no questions. I'll start on my left again, Miss Fernbeck. >> Parking spaces. Did I miss that? Are are you adding >> our planner is going to talk about? >> Oh, okay. Thanks.

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>> Musco. Yeah, I brought up the roof because I believe the solar panels there now. >> Yeah, those solar panels will need to be removed uh in order for the work to take place and they're planning on reinstalling them onto >> and rerouted again. >> Yes. >> Thank you. >> Mhm. >> Nothing.

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>> Mr. No, Mr. Andrews. >> No question. >> You have a couple existing non-conforming situations, but uh that's already there and you've t talked about all that have conformed. as well as the height I saw that was

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mentioned. >> I have nothing. Miss >> No, I have nothing. >> Gentlemen. Okay. Okay. All right. Oh, we'll have one more witness. >> Why not? >> Okay. Mr. Tyina. >> Sir, please raise your right hand.

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>> You swear affirm, tell truth, nothing but the truth. I help you God. >> I do. >> Please state your name and spell your last for the record. >> John Tyena. T is in Thomas, A I, K is in Kelly, I in is in Nicholas A. I'm a licensed planner in the state of New Jersey. Happened since I completed my studies at Ruckers University in 1992.

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I've been a planner um in New Jersey for those 34 years, most of the time doing this, testifying for planning and zoning boards across the state and around the country on behalf of applicants just like this. I was last here in 2024. >> You have testified before this board before, not all that long ago, and

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certainly will accept his credentials and his expertise. Thank you. >> Thank you, Mr. Chairman. >> Um, if you could talk about the variances and there's been some questions about parking, so if you could address that as well. >> Certainly. Um, so we are here for a D4 variance uh for F that exceeds the

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requirement of.35. We're proposing 395. Um, that equates to 292 square feet uh that we are over. And if you were to look at um at the exhibit,

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>> has that been marked? C >> these were all submitted with their applications. Doesn't have to be marked, but if we're going to reference it. >> Yeah. If we're going to draw on it, then we'll have to mark it. >> If you look at the second If you look at the second floor plan, >> so she A2 >> is A2.

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>> Yep. Thank you. um that equates to roughly um roughly the the uh the bedroom area. Um so that it would be 10 ft wide. That's the the addition is approximately 28. So

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maybe 11 ft wide. Any addition is approximately 28 feet deep. Um so it would basically be where the closet is. That's the that's the amount of extra space that we're talking about um when you talk about it. So, um, as Miss

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Kriscowsy talked about, she is creating a uh a modern multi-generational household. Um, Lenar actually sells one of these as part of their uh as part of their housing types um because that is a

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type of living that is very desired uh in uh around the country these days and Miss Kriscowsky is just creating one right here in Oldbridge. Um, but that's the amount of space that we're talking about. Uh, for T4 D4 variants, the standard is uh set forth in a case

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called Randolph vtown Randolph Town Center. Um, where uh was held by the Supreme Court that you have to meet uh the Coventry standard or the conditional use standard that says the use is permitted. We're allowed to have the use. uh we only need to talk about uh

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how are we accommodating the additional space and can the site accommodate that additional space here. Uh and then as always we need to talk about advancing purposes zoning um and our negative criteria as with all of your uh relief. So again the um the standard was set

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forth in Randolph Town Center uh supported again in Price vime um which affirmed the modern Price v uh Randolph Town Center was a '9s case. Price vimesh was a 2013 case where the Supreme Court kind of took advantage of having a case

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in front of them with multiple types of relief and they said all of bringing all of this up to modern uh to modern parlance and and explained it and said yes this is still the standard this is still how we should look at it and it's still appropriate um that we have to

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talk about how do we deal with the additional 292 ft and is it well accommodated uh on the site and again I think specifically uh on this property at 28 Purdue Road. It is and it is for uh first and foremost because of uh Mr.

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Brower's uh very nice architecture. Again, in having the addition at every opportunity on the front facade and on the two side facades, he stepped the building in from the sides. It's not all the way out to the edges. Uh it's

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stepped in so that again that it's minimized in terms of its overall bulk and scale in the neighborhood. I recognize uh Madison Park is a ranch neighborhood. Um there are four uh two there are four two-story homes within uh

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there's two on this block at uh 29 and 12 uh Purdue. There's one right across the street. Uh there's one on Welsley behind us and there's one on KBY uh the um the culde-sac that is behind us on the other side of Purdue. So um there's

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only four. It hasn't happened. The typical addition that happened in Madison Park is there used to be there was a carport and like this this this uh owner, it wasn't this owner, it was the one previous filled in the carport when they had a fire in 98. That's the

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typical addition that has been done to the homes over the years is the carport being filled in and then the next evolution is going to be uh going up. Um so again I think that in this instance because of the sensitive architectural treatment stepping in from the sides uh

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and only being 25 feet high and I think that is uh that is a critical importance um that again it's not maxed out in terms of height. It's a it's s it's very sensible in terms of how it relates to the neighborhood. Um the further consideration again F is used to

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regulate height and bulk typically of commercial uses. It's uh only occasionally been used uh in residential uses started in Rumson. Um its use has typically with commercially developed. Um the homes um that it typically looks to limit are the monster houses, the

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ones that are going to totally uh you know overshadow and and and be massive in terms of uh how big they would be on on lots, etc. This is not a monster house. This is a a a sensible and and modest addition uh to the uh to the

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single family home. It is only 25 ft high. It steps in on each side. Further, there is not a big gathering area in the house uh for entertainment, etc. You know, it's not a house that that is uh looking to have big gatherings, all those types of things. It is just a home

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that is looking to have a uh single uh four generational uh fourperson multigenerational family. Uh and most importantly, it is a single family home. Uh the rooms that are being added are not huge. Uh in no way is is a 14 by 11

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master bedroom huge by any stretch of the imagination. Um everyone wanting to have their own space uh in the home is is very wise. I liken it to to the saying, you know, good fences make good neighbors. Well, a little bit of ice a little bit of space for everybody to go

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to their go to their own corner uh makes for a peaceful household. And with all the love, uh, nobody wants to share their bathroom with a teenager. So being able to, uh, to have a separate bathroom there is is a, uh, is a good thing. Uh, in terms of the purposes of zoning, I'd

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submit to you there are three. E, to promote the establishment of appropriate population densities and concentrations that contribute to the well-being of persons and neighborhoods and the preservation environment. We're proposing the density spot on in the R six district, a 6,500 foot lot with a

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single family home on it in a 6,500 foot zone. And we are proposing to continue the single family use. And most importantly, um, and Mr. Rizzo talked about it, there is no separate entrance. There's no way to set up a separate entrance. Everybody's going to come in

389
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the front door or come in the side door. you're entering either into the into the uh main foyer or you're entering into the uh into the kitchen and and the den area. Um to get to the stairs, you need to walk all the way through the first

390
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floor to get to the stairs in the back of the house um to be able to to get upstairs. So again, there's no So the stairway is is literally the base of the stairway is literally right at the at in the in the back center of the house. Um,

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so it's not set up to be a even be able to set up a separate entrance. And most importantly, as you see on on the exhibit A2, the stairway is open to below that. It's an open stairway. So there'll be an open passage from from top to bottom. Uh, really without a way

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to close it off. There's not a way to put a door up, a wall up that it works that way. It is designed as a multi-generational single family home. um physically and that's the most important way uh to be able to uh distinguish it. Um purpose side it's

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through desirable visual environment through good civic uh design and arrangement. Again, I think Mr. Brower's done a very nice job of designing a pretty house. It's an attract it's an addition that's attractively set back and away from the front and side edges of the house. It's an attractive building that will uh that is

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significantly more attractive than the 1950s uh ranch Cape Cod of vernacular. and I live in a 1960s ranch. Um, so I'm very familiar with that vernacular that's currently on site. The proposed architectural vernacular supports the continued investment in the

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neighborhood. Um, an M to encourage the coordination of the various public and private procedures affecting land development with the view towards lessening the cost of such development and to the more efficient use of the land. Utilizing the existing home and building up on the site is the most efficient way to do it. allows the

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investment to accomplish at a lower cost and most importantly with fewer impacts in terms of storm water uh light and views etc. Um, in terms of our exceptions, the exception and I to get the parking. Um, so we are a single family home. Uh, your your ordinance

397
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requires two parking spaces for single family home. We have a 17 foot wide driveway. Um, 20 feet would wide would be two parking spaces. So, we think that's enough. The family think that's

398
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think that's enough because of their cars. They have a Civic. They have Tucson. Uh, nobody's driving Suburbans and F-150s. Uh, so we think that we have more than enough room to be able to park on the site. Um, so we would request a waiver to continue the existing

399
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nonconformity uh of the 17 foot wide driveway. We don't think it's necessary to be any wider. We are substantially below um the impervious uh the required landscape area. We're above the required

400
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landscape area. we're substantially below the impervious coverage. So, if we wanted three more feet of pavement, we can do it. We just don't think it's necessary. We think it's more appropriate to to keep it at the scale that it is and and that's consistent with what's been there for many years. Um that waiver is reasonable and

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consistent with the existing site conditions. Uh strict compliance is impractical and unnecessary um in this uh specific case. In terms of the negative criteria, again, um first prong is we're not going to have a substantial detriment to public good. proposed development is a multi-generational

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single family home. It is non-noxious use. Um, this is kind of going back to mom and apple pie when when your parents uh lived here or moved out, whatever the case may be. The proposed F for single family house is still a less intensive use than many homes uh that we see in the township. The high quality and

403
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sensitive architecture proposed is critical to the site accommodating the F. The second floor steps in from the sides in the front and most importantly is only 25 ft high. Um, no variance should be granted if we impair the intent and purpose of the zone plan and the master plan. Uh, the R six district

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provides a single family homes on 6,500 foot lots. That is exactly what we're proposing. The additional 293 ft does not impair that purpose. Um, I don't believe that uh there's no pro um uh there's certainly no impairment in terms of the master plan. in the 2017 master

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plan and the 2017 and 2022 re-examination reports uh were silent on the R six district as it should be. There have been no problems associated with the R six district. This neighborhood has been growing families for my entire life. Um my last time in

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Madison Park before I was there tonight was on a date when I was a junior in high school going to pick someone up on Princeton Road. So it all came flushing back. Um but uh this neighborhood has been has been a very stable neighborhood, a wonderful place to raise

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families uh for many many years. Uh and we don't believe this is going to impair that in any way. Accordingly, I believe the board has the ability to grant the uh make the requisite findings and approve the applications. I'm available for your questions. >> Mr. What?

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>> So actually I don't have a a question for John, but I do have a question. So because I'm trying to rationalize in my head, right? Uh how do you

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differentiate between an adu like today if they wouldn't have introduced this application as an in-law suite? >> Mhm. >> Right. Nothing can stop me from having my parents move into my house.

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>> Correct. But at the same time, our township ordinance does not specifically allow ADUs. >> Yeah. >> Right. So then how do you differentiate? I mean clearly we cannot

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prohibit them from like we cannot prohibit Miss Kowski from having her parents move in. But at the same time it's actually two families that are cohabiting

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and uh what is your experience because I know that there are many towns that are considering changes in ordinance to allow or disallow ADUs right but this is technically an ADU but it's one

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structure so Danny and I have been texting each other that okay we need to clean up our definitions. Um, but it's a concern because how do we stop anybody from putting a stub on the top, right? And I'm an architect myself.

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If I want to, and your architect will agree with me too. If I want to, I can create two entrances like have a small vestibule inside with a door going to the staircase a stairway upstairs and a

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door like typical two family homes of the 70s and 80s. So, what do you think about it? >> Well, it's an interesting question that thank you for putting me on the spot at 9:27 at night. So I don't have much

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experience because the use of ADUs in the for the fourth round is something that's unique to the 2025 regs. >> So there's not a lot there are a lot of towns like you've mentioned that are considering the utilization of ADUs for their fifth round, but it's something that came out so late in the game for

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the fourth round that no one really got a chance to get ahead on. um here realistically using this property as an ADU is almost non feasible by the way of the the deed notice that's going to pres prevent it from it. >> I think that's how we cover ourselves, right?

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>> Correct. And it's not even so much as covering yourselves. It's just making it feasible because in the future, let's assume in the fifth round the township has an interest in utilizing ADUs. That's something that the you guys could always approach the property owner saying, "Hey, we have an interest in using this property as one of our fifth

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round." But there's two things to it, right? >> The benefit to affordable housing with the ADUs came much later with the fourth round. Yeah, >> but ADUs did exist before where towns were contemplating that you know you

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want your parents to be next to you or close to you or you want to take care of your alien parent or rather uh you know I would want my teenager to have a separate room so that I don't have to deal with him but um you know uh so it's

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something for us to think and maybe uh when we create our annual zoning report we make a recommend recommendation that you know we re-evaluate these definitions at some point. >> No, I I agree. And just as the concern for how this would not be an ADU, like

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yeah, it would be easy to make this one. >> Yeah. >> It's when they go for a CEO, the construction official is never going to sign off on it because they're not allowed. >> But you heard the previous application, right? A powerhouse gym has existed for so long and it was never granted a use

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where where it's Yes. Um but uh I mean, just because the building department sees it doesn't mean that people don't go and make those changes. I'm not trying to create a problem. I'm just trying to bring up a policy issue. >> Exactly. You're you're in a policy issue where this applicant

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>> Yeah. I I just don't want the >> I would just please put on the record what an ADU is. >> Accessory dwelling unit. I just don't want the applicant to panic that I'm uh putting a kibash on the application. It's not to do with your application.

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It's a policy issue that I'm discussing and I do understand the concern and >> and this applicant did specific things that do not lend themselves to right >> making it an ADU to making it a second

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unit by where they located the stairs, how they designed the stairs, all that is differently. When you think about that, they put in a second st they put in a new stairway. It could have gone anywhere. If you were going to do this and set it up to be a second unit, you

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would have put it against the lefthand wall where the side door is and boom, bing, bang, boom, you can divide it. They didn't do that because they're going to live as one family as as as one household. Actually, zoning has gone

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beyond quotequote f the family aspect of it. It's they're going to live as one housekeeping unit. They're all going to live together. They have one kitchen. They have separate bedrooms as we all do. And uh but they're going to live as one household, one housekeeping unit, >> right? And there's there are a number of

429
02:05:09.920 --> 02:05:26.080
cases that I'm sure your attorney could tell you are taught define family well beyond what many of us would think of as a nuclear family. There's a case that talks about how a number of college students going to a university could conceivably be considered a housekeeping unit because they all eat together,

430
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converse together, they interact with each other. not they're not separate transients living under one roof. So they are uh it's a famous Supreme Court case uh from down in Glboro and uh they this is certainly a single family. I

431
02:05:42.239 --> 02:05:57.280
don't know that anybody really is disagreeing with me on that. So I don't not to put anything in anybody's mouth but to be clear this is one family living in the home. As far as the ADUs are concerned, there's always every legislative session there's a bill that gets proposed that talks about it and

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usually they're contemplated as separate structures as opposed to creating a two family residence out of a single family residence. Um, I don't know how much traction it's going to get, but there they talk about whether and we talk about this at the some of our bar association meetings. Um, and you know

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what that might imply, but usually you still have to conform with the existing zoning. Um, except the town would allow the the second structure on the on the lot. >> But that's not that's certainly not what this is. >> I I I think we need to refocus. >> Sure. I apologize.

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This is this is like a forum for for attorneys. >> I apologize. >> Well, I want your Well, certainly I want your opinion and I council from from uh ours. I think we need to refocus on >> Absolutely. I apologize for the board. >> I have no further question.

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>> Thank you. I I figured that >> for blaming Vina. >> I want to see if the board members have any questions for uh the planner. >> Starting on my left >> coming up, Mr. Scogn. I'm just concerned about the solar panels removal and then

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reinstalling them. Uh you're doing the addition and then you're going to come back with the I heard some scary stories about these solar panels coming back on improperly done and it could ruin the whole project.

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>> We hope we'll make sure our contractor is well verssed in that concept. Mr. Miss Sanders, >> you know, the only thing I'd say while I have you here, and I'll pick your brain. Uh, the question came up before, why why

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are there so few other uh houses topped off there in the area in the pre in those streets? And I think you would probably agree with me, this is post World War II, probably post Korea, uh, housing >> 53

439
02:07:53.119 --> 02:08:07.760
>> that were utilitarian in nature. And uh they were sized for the beginning family and that's what they were used for with not a lot of room, not a lot of lot. And those that

440
02:08:07.760 --> 02:08:25.119
came into the 70s, 80s wound up either if they want more space, they left and got a bigger home. >> And I think that's what's happening today. Uh although I praise this family for doing it all under one roof and staying there, staying here in the township rather than going somewhere

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02:08:25.119 --> 02:08:42.000
else. Uh would you agree that that's probably the reason that it's not happening? It's too expensive to top it off just for the sake of topping it off. >> Correct. >> If you want more land, you're going to go elsewhere. >> Correct. You're going to you're going to make a move and and go somewhere else. And before, you know, earlier in the

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02:08:42.000 --> 02:08:57.280
process, even up through the 80s and 90s, you could do that even with an old bridge and and make the step up to the next uh, you know, to the next size house or whatever the case may be. Now, it's a little harder to do that as everything has gotten more expensive. But, um, you know, my my family did the

443
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same thing in Sherwood South. We, you know, when when the fourth child was born and she wasn't a brother, we needed another bedroom. My parents went up and that's that's how they did it. >> Oh, certainly understandable. It's admirable that the family wants to do that. I mean, uh, it takes, uh, um,

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three adults and one minor. I was gonna counselor, can I ask him one question and he's not under oath? Would he, would he be willing to >> you could just stand up? >> Boy, >> do you want this to happen? >> Thank you. Thank you. I appreciate that,

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counselor. question. >> But uh no, I I'm I'm happy that that you can put a family all together under one roof and most people wouldn't want to do that. So I can tell that the closest of the family I certainly would support this. I don't know how everybody else is going to vote. I'm assuming you're going

446
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to ask for you don't have any more witnesses. >> No, I do not. And I >> I am going to go to a public portion. I have to open it anyway. And you as you realize uh if you have nothing else to say, I'll give you the last word obviously. >> No, I will weigh whatever closing. >> Okay. 54-2025Z.

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This is 28 Berdo Road for the second floor edition. Anyone here in the room wish to be heard on a matter? Please stand or raise your hand. There are no others here except those here for the application council. I can close the public portion. >> Yes, Mr. Chair. >> I am going to do so. Final words, sir.

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>> No, sir. Thank you. Okay. Uh, you would be asking us for a vote? >> Yes, please. >> All right. The only matter we have here is a D4. Correct. There's no bulk. >> That's correct. >> All right. So, it's a D4. Besides, it's going from what did I write? It's 35

449
02:10:32.560 --> 02:10:48.159
going to 39.395. Right. >> Right. >> Deminimus in in nature. >> Correct. >> Okay. So, it's it's for D it's not we're not voting for just the D4. We're going to do the Oh, just D4. We don't have a

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plan. is a D4 with the design waiver from being required to have four parking spaces for the existing one, but the applicant has testified they have 17 feet of width and therefore can satisfy with two parking spaces. >> No. No. It's a single family home requires two parking spaces. That would

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require 20 ft in width on the driveway. We only have 17. We are seeking a waiver to have a 17 foot wide driveway for two parking spaces. That is the correct. >> Okay, that that's correct that everybody understands that and along with an

452
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agreement >> there'll be a deed notice placed on the property. >> So that way it's clear. Uh yes. Yeah. >> If everybody understands that as well, >> Miss Okay. Anyone interested in moving this for approval? >> I do.

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>> Gomez. >> I have Mr. Isu and >> Gomez. >> And Miss Gomez. Roll call. D4. Andrew >> D4 and design waiver. >> Yes. >> Miss Gomez. >> Yes. >> Mr. Rizzo. >> Yes. >> Mr. Scognner. >> Yes. >> Mr. Benelli.

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>> Yes. I think it's a wonderful idea. >> Miss Ferbach. >> Yes. >> And Chairman Sullivan. >> Yeah. >> I wish you the best of luck. It is a fantastic idea. I'm glad to see that family units are still cohesive. I wish you the best of luck. My vote is yes. >> Thank you. >> Thank you so much. >> Thank you for your presentation,

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counselor. >> All right. I could open up a general public comments, but there's no one here. >> So, we're going to say that this was a no show. >> I will read this into the record, right? Because it's what do you want to do? >> Correct, Mr. Chairman. So, for the next one, because uh it does not appear that the applicants here after the hearing is

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opened up, the board has the choice to either dismiss the application without prejudice or adjourn the application um with the requirement that the applicant renotice, which I would strongly recommend they simply adjourn the application with the renoticing requirement in light of a potential jurisdictional issue. So there's no

457
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reason for me to read it into the record in that case. >> No, we just have to call the application so we can make a not make a note that they're not here. >> 63-2023Z one Juan Figueroa 1123 Englishtown Road. Anyone here on that matter? >> Councelor, there's no one responding.

458
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>> Right, Mr. Chairman, because the applicant failed to present, the board's cho choice is either to dismiss the application without prejudice for lack of prosecution or alternatively adjourn the application for a new date with new notice required, which I would strongly recommend the latter. >> Okay. Word members >> agree

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>> as a as uh suggested by council. >> Yes. >> All in favor? >> Is there any opposed? >> Good counselor. >> That's good. >> All right. Uh, we have no other matters unless U. Vina, anything from the township that you wanted to bring up?

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>> None. >> Legal end? >> Nothing from me, Mr. Chairman. >> Anybody on the board? >> I wish everybody uh good. Oh, no. We're going to meet again before the actual sub. No, we won't. 21st. We'll be We'll meet after. >> No. When supper is what the 21st or

461
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20th, isn't it? >> No, 18. >> Summer. No, >> the meeting I'm talking about when when when summer actually starts. >> All right. Someone want to call a motion for to adjurnn? >> Ajourn. >> Second. >> Second. >> All in favor?

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>> Any opposed? We stand ajourned. Thank you.