Planning board for Monday, May 19th, 2025 at 7:30 p.m. Announcement is made that adequate notice of this meeting has been given and that it is being conducted in accordance with NJSA 10 col4-6 at SEC of the New Jersey Open
Public Meetings Act. Uh would you call the role please? Mr. Dpierro here. Councilwoman Hernandez here. Mr. Mey here. Mr. Matt, present. Mr. Shaw, here. Mr. Stanzial here. Chairman Dinsmore here. We also have our board planner,
Miss Winter, our board engineer, Mr. Kangiano, and our uh board attorney, Miss Stein. Very good. If we could stand for the pledge of allegiance. I aliance to the flag of the United States of America and to the republic for it stands, one
nation, indivisible, with liberty and justice for all. All right, we had a whole bunch of resolutions. It seems that Gordon, by not being able to go off on the trip, was able to manage the productive
meeting. Yeah, we it lasted 15 minutes. [Laughter] But you were in charge. All right, we've got three resolutions.
Um, and we have uh a list here. Do I have a motion on Bricksorth 381, Route 46, block 411? Uh, statement for basis and preliminary investigation of AINR.
I'll make a motion. Thank you, Mrs. Hernandez. Do I have a second? Second, meth. Nor, would you call the role, please? Dich. Oh, he's not here. Duh. Diierro, yes. Fernandez, yes. Millie, yes. Math, yes.
He's not here either. Nope, that's right. He is not. Okay. All right. Next is application number 25-502, Medum 700 Pipony Road, blocked 739, minor site plan with C variance for
modification of a condition of previous approval. I I do I did receive a few revisions to the draft uh resolution just to correct the um proper name of the applicant and to revise the
resolution to state that it's a ju they were just seeking to modify the prior conditions not um to change any site plan approval. Okay. Well, I was even here for this one. Um, do I have a motion to approve for those listed on the
uh resolution approved list? Yes, I'll make a motion. Thank you, Miss Hernandez. Do I have a second? Second. Very good. Mr. Shaw, uh, Nora, would you call the role, please? Hernandez, yes.
Matt, yes. Uh, Shaw, yes. Sandiel, yes. more. Yes. All right. And final uh application number 22529 Woodmont Senior Living LLC 79
Interpace Parkway 136.01 lot one preliminary and final major site plan with C variance and major soil moving permit for the extension of time extension. That was just an extension. Yep. All right. Do I have a uh to somebody willing to move
the uh extension? I'll I'll move the extension. Thank you again, Miss Hernandez. Do I have a second? Second, Matt. Second, Millie. You can have it, Dominic. Yep. Dominic gets All right.
Uh Hernandez. Yes. Mey. Yes. Math. Yes. Shaw. Yes. Dmore. Yes. All right, that gets us through the preliminaries. Now we get to the real agenda. But before I get to the agenda, I'm supposed to ask if there's
anybody here who wishes to come before the board on anything that's not on our agenda tonight. Hearing and seeing none, we move on to case application number 24 col 504 FC Real Estate Group LLC, 44
North Beverwick Road, block 531, lot 11, zone B5, preliminary and final major site plan with C variance. Construction of a two of two seconds story apartment units over a restaurant.
[Music] Mr. Chairman, good evening members of the board. Good evening and members of the public and board professionals. Good
evening as well. My name is John Miller. I'm also council with the term of English Taylor. We are representing the applicant owner this evening, FC Real Estate Group. The applicant is seeking preliminary major final site plan approval regarding property designated
as lot 11 block 431. The address of the property is 44. Can't hear [Music] me. Is that better? Can you hear me?
The property is located in the township's B5 local business zone. This project before you this evening consists of the construction of a second story over an existing commercial building which contains currently a restaurant use. That restaurant use will continue
on the first floor of the uh building. The restaurant use is a permitted use in the zone. Uh we are proposing two apartment units on the second floor of the building. The apartment units are a
conditional use and our application satisfies all of those conditions of the conditional use requirement for for the apartments. As we all know Lake Hayawa is very close-knit community. It's
actually a very unique community, I think, within any municipality. Um, great neighborhoods, neighbors are very close. Uh, and, uh, everything is there's always things within walking
distance. The school's right off of North Beverick Road. Uh, it's a it's an it's an active street, North Bever Road. It's almost like a main street USA for Lake Hayawa. There are a lot of thriving businesses. It's been that way for a
while. There are a lot of great ethnic restaurants that are that are part of the neighborhood and we feel this evening that our our proposal uh actually it actually works well with the existing neighborhood and uh we have a
we have a a picture up of a rendering of the building. field building is of an attractive design and it would be an aesthetically pleasing addition to North Bever Road and to the Lake Haywa neighborhood. So in that spirit, we're
we're pleased to propose this mixed use building to the board. Uh that building will be approximately 30 3,258 square ft in floor area. The building height uh is a compliant 31.7 ft. will include four
parking spaces on on site. We are also proposing in addition to a reconfiguration of the parking on the lot, we are also proposing improvements to the driveway, sidewalk, lighting and landscaping as well. Uh we have
requested submission waiverss for a traffic study and uh we will testify as to the two reasons for that. We have also requested a submission waiver for an environmental assessment study because the application results in a slight decrease of 0.5% to be exact of
imperous coverage. We do request uh we request variances for uh one existing condition and also variances for maximum impervious coverage, front yard setback, minimum driveway setback, minimum driveway
width, minimum driveway aisle width. Most of those have to do with how the configuration currently of the parking lot in the back of the in the back of the building currently. Uh parking height and also maximum fence height. We
are proposing um we are proposing a uh a recycling uh and and uh uh area to store uh to store the waste containers and we're proposing a 6' high fence to surround that or 4 foot high fence is
permitted. Um, we received review letters from from uh the board planner, the engineering, sewer, county planning board, which has granted an exemption for the application, also from the environmental engineer and the water
department and the fire district as well and fire sub code official and tax assessor. We're grateful to receive all those reports and we'll certainly have our witnesses go through those reports during the evening. This evening, uh, we'll have two witnesses this evening.
First is Mark Walker of Dyster Walker. He'll be offered as the project civil engineer. Our second witness will be Tony Garrett of Bill O' Garrett Group. He will actually have uh two functions this evening, both as the project architect and also as the planner for
this evening. And the principal of the applicant, Ali Salah, is also here should the board have any questions for for ownership or operation. in regard to the application. And without further ado, u Mr. Chairman, if I may
I'm going to turn to our planner and make sure that we cover properly all of the waiverss that you've requested. Okay. So, I'm going to ask So, yeah. To the traffic and environmental assessment. In addition to that, um the
existing proposed storm drainage design and improvements and location description of existing and proposed landscaping and the combined preliminary and uh final site plan was not done on
separate sheets. So a waiver from that also. All right. Do I have a motion approving the waiverss proposed by the uh planners report of uh whatever? April 23rd. April 23rd. Do
I have a motion? Mr. Chairman, a motion to approve those as described. Do I have a second? Second. Hernandez. Thank you. All in favor say I. I. I. Any opposed? Thank you very much, Mr. Chairman,
members of the board. I would like to call us our first witness Mark Walker. He is our project engineer and this is the firm of Dyster Walker. Please raise your right hand. Do you swear or affirm the testimony that you're about to give will be the truth, the whole truth, and nothing but the truth? Yes, I do. Please
state your name, spell your last name, and provide your address for the record. Mark Walker, W K 21 Bowling Green Parkway, Lake Packon. Uh, good evening everybody. Oh, I'll give you my background. I've testified in front of this board a number of
times. I'm a licensed professional engineer in the state of New Jersey. Hold a bachelor's degree in civil engineering and a master's degree in environmental engineering and I'm principal at the Dyster Walker Design Group and I've been doing this for a very long time and my license is still
current. It's important. Any questions on the qualifications of this uh engineer? Hearing and seeing none, sir. Terrific. Thank you. Um, I do have some exhibits. Uh, do you mind handing these out?
So, while John's handing those out, I'll just kind of jump into the, uh, existing conditions. Um, we have a piece of property that's located on the northeasterly corner of Lakeshore Drive and North Beverwick Road, uh, right
across the street from the fire department. Um we are surrounded by mostly commercial properties except uh further to the east uh we are uh right up against the zone line uh between our
business zone which is a B5 and the R4 zone. So, we do have some residential properties uh directly uh behind the subject property uh have frontage on Lakeshore Drive as well as
uh Nickhams Nickhams Avenue. Um so the uh today the property is fully developed 99% impervious coverage on the property. Uh the building footprint is 1,604 square ft. There's a paved area
that butts up to the residential uh properties where there's parking that takes place today. Currently, the parking is heading pointing towards the uh residential uh property. There's a number of nonconformities associated with the
property. Uh and our proposal essentially is to refresh and update the property. Um, we will be uh basically keeping the exact same footprint of the building and
adding another story to it. There is a bay window that's going to be added uh to the front of the building. You can see on the north side of the front facade, it's a small bay window being added. And in the rear of the building,
uh there's a 27 square f foot addition going on the second floor um that helps square off the upstairs uh area and our architect will discuss that more in detail. But basically, we're keeping everything essentially the same, but the
building's going to be completely redone and we're going to be redoing the parking lot. So, we'll be modifying the parking so the parking space points north rather than pointing towards the residential property. And then the back of the building, we actually have quite
a few uh improvements being proposed, including some landscaping. We really don't have a location for a dumpster uh on the site uh that would conform. We proposed the dumpster behind the front of the building but still within the
front yard set back 7 feet from the rightway line and under the ordinance requirements we need to be 10 ft from the rightway line. Um so what we've done though is we've added some greenery and some landscaping in front of the dumpster and also behind the dumpster.
We've also proposed uh relocation of the generator. Uh and the generator conforms with the ordinance requirements for its location. It's just in front of the dumpster. Um we provided a handicap parking space under the ADA
requirements. If you have four parking spaces or less, uh you're still required to put in an ADA parking space. However, the the sign for the for the fines are not required. So, anybody can park in
the ADA parking space. Uh it's common courtesy to leave that one uh available to the end, but under the ADA requirements. That space is available for for parking, but we are striping it with the blue colors uh and with the
wheelchair so everyone knows that that's an ADA space. So, we'll have four parking spaces and then we also have the uh the area where people can load and unload. And then by providing the ADA
space, we also needed to provide uh an accessible route to the building. So, we've added in a ramp system in the back of the building that's, you know, it's taken up some space, valuable space that we don't really have that much of, but I
think we've done a nice job configuring that area with the ramp, uh, the dumpster, the generator, and adding in some landscaping in there to kind of break the whole thing up. Um, so we've provided access to the rear of the
building. Uh the intent here is for these four parking spaces to be used by the residents that would be in the apartments above. Uh and we provided access uh rear access to the uh building and they have separate uh ingress and
egress point to get in and out of the building. Our architect will talk about that uh a little bit more in detail. Um, also with respect to ADA access, the front of the building is ADA compliant. We can can simply come right in off from
the street without uh without having any impediments in your way. You go from the sidewalk right into uh what we're calling a restaurant. We're going to get into that a little bit uh as well because the definition of a restaurant
um is an establishment where people come and sit down and actually get waited on. Uh and in our preparation for this meeting and looking at these definitions, uh it really more what we're proposing here really more
qualifies as a deli type service than a restaurant. Um, so I'll get into that with our our parking uh calculations, but uh um so the the the parking lot's going to function basically as it is
today. We are adding in the dumpster area uh and the ramps uh for the building, the landscaping uh and the generator. And as you can see, our architect will discuss the uh the building improvements that we have proposed. Um, we have we as we get into
the reports, I just wanted to make the board aware that there is there's an insufficient sidewalk that that is uh along Lakeshore Drive between uh the curb and the building has a very steep slope. Concrete's all broken up in that
area. Um uh our engineer requested that we take a look at that. We agree with them. We're going to be fixing the sidewalk uh along the side of the building, getting that level, redoing the whole sidewalk so it's fresh and new
looking. And then we will also be the sidewalk kind of disappears. Um we'll be extending the sidewalk all the way to the easterly edge of our property line as well. So we'll have a nice fresh look along that entire side uh of the site.
Um so uh with respect to our our uh application um we do have uh our parking calculations. We had shown that it was a restaurant use. Uh we were proposing one
space for 75 square ft for the area where people sit down in the restaurant and that's based on people bringing your food out to you. a restaurant type service. But as we went through, as I mentioned, as we went through the uh
ordinance requirements, um that uh that really does not comp comply with what we're proposing here. The type of use is it's the seating area is just not big enough to have that type of uh use here. So, this is going to be more of like a
deli type service where you go up to the counter, you order what what you want to eat. You can have a seat, your name or number will be called, you'll go up and get get your food and you can take it out with you or you can sit in the restaurant and eat or the deli and eat.
Um, so with that in mind, we've redone the the calculations. Under a deli requirement, it's one parking space for every 250 square ft of gross floor area. So, the entire first floor area. Whereas
in a restaurant calculation, we're just looking at the seating area only. But under a deli calculation, you use the entire first floor. So, using the entire first floor area, um we come up with we're taking out the staircase that goes
to the second floor. staircases, square footage that does not uh support the first floor, it supports the second floor. Um, so that gets us to uh,520 square ft at one parking space
for 250 ft is 6.1 parking spaces. And then as requested, we will count the apartments as two parking spaces for every apartment. And that gets us to 10.1 parking spaces required. We had
shown 12 parking spaces on our application. But under the deli use were at 10 parking spaces. Um so as I mentioned we'll have four parking spaces on site for the residents. Um, we are proposing that the employees will park
in an off-site area and that the customers will be parking either in a public parking area or they'll be parking on the street like many of the patrons that use the shops and restaurants in Lake Hayawaka. So, uh,
I've been discussing exhibit what I've marked as exhibit A1 as part of the packet that you have. It's the the front exhibit. It's our colorized um site plan superimposed on an aerial photograph. You could see on the lower uh area is
Lakeshore Drive and on the west on the left side which is to the west is North Beverick. And I do have another exhibit which is exhibit A2 and A2 is the second exhibit in your pack. So this is an expanded aerial
exhibit of the area. Uh down in the bottom right hand corner you could see the the site uh that we're here for tonight. Um in our application we had originally proposed to seek for permit parking behind the parking lot of the
fire department. We have received a report from the fire department that said they're not interested in giving us any permits for parking. So, uh, in preparation for the meeting tonight, we looked elsewhere and at the intersection of Minihaha and North Beverwick, there's
another public parking lot with a little over 30 parking spaces. Uh, that is available. Uh, so the plan would be is to have our employees park within the public parking lot and walk down here to work. Um, so, uh, this parking lot is
available for parking without a permit. Uh so the employees can park there. It's approximately uh one block away from uh the establishment or about 550 ft uh from from the parking lot to the uh to
the building. [Music] Um so I do have a a couple of reports and I can as we go through the reports I can address uh some relief that we need for this particular application. Um
looking at the GPI's report from April 19th. Um looking at uh sheet two number five. Uh there's uh nonconformities on the property. Uh there's continuous screen buffer
required against a residential zone use. There's none existing. And we'll talk about that relief as we get into uh the planners report. Uh the drive aisle width is uh currently unknown. There's lack of striping on the site. Uh the
driveway width at the rightway 24 ft required. And the existing uh opening for the parking area is actually 35 ft. So we're slightly larger than the maximum allowed. Um the driveway setback
from the property line has a requirement of 5 ft and currently the paved area is along the two sides the two adjacent properties were right on the property line. And then uh looking at number seven for
engineering comments below. Um there's a discrepancy in our application between square footages. Uh the square footage of the main floor is 164 square ft. Uh we've we've amended the uh number
of parking spaces required per dwelling unit to be two. We had been using what the RSIS requires which is 1.8. So the town's requirement is slightly larger. Doesn't affect the application in any way. Uh so we'll be going with the the
town's requirement. Um item eight uh and item uh nine are uh requesting the improvements to the sidewalk uh which we'll be doing. Um, number 10 is uh a request to add
some more grades and spot elevations, which we can do. Item 11, we'll have our architect uh discuss uh the accessible route uh once you get into the restaurant. Um item 12. Um uh the
engineer is looking for some more grades and to ensure that we have uh some slope uh within uh within the uh landing area for the ADA uh requirement. Uh that's the uh report from
uh GPI. Um with respect to AR, uh the first part of the report is primarily dealing with checklist items which we addressed in the initial part of the meeting.
Um looking at uh sheet five uh and the area and bulk uh requirements. Um the uh so the use uh the the dwelling units are conforming use
um and no dwelling unit should be located on the ground floor which we conform because we're on the second floor. Uh no more than 50% of the total floor area of the structure shall be used for a dwelling. um uh a dwelling unit or units shall
have exterior entrance separate from that of the principal business which we conform with as well. Looking at the uh the zoning chart, uh we're in the B5 which requires four 4,000 square foot lot which is what we have. Uh we're
required to have 40 ft of frontage. We have 40 ft on North Beverwick and 100 ft on Lakeshore Drive. Uh the minimum lot width is 40 ft which we also comply with. Um the building coverage currently it's at
40.1% where 35% uh is required. So it's a pre-existing non-conforming condition just slightly above that. Uh we are proposing with uh adding uh that little area 27 square ft in the back of the
back of the building on the second floor. uh we're looking at uh bumping that number up. So we're requesting a variance of 40.8% where 40.1% currently exists. So slightly
larger in that area. Um the uh imperous coverage uh is is allowed at 90%. Uh the currently is 99% coverage. With our landscaping, we're slightly reducing the
amount of coverage from 99 to 98.5%. Um, so we will be conforming there. Um, the principal building meets this front yard setback from North Beverwick. Uh, however, on Lakeshore Drive, the building is on the rightway
line. So, we're at zero ft from Lakeshore Drive where 10 ft's required. Um the minimum sideyard setbacks uh conform. The rear yard setback conforms
were at 43.4 ft or 15 ft required. Uh the maximum building height proposed is two stories where two stories is allowed. The building height will conform at 31.7 ft where 35 ft is
allowed. Um the minimum gross floor area is in excess of what is required. Um we do require with respect to our dumpster, we need the front yard setback variance for the dumpster which I discussed. It's
required to be 10 ft or 7 ft. Um and the we we put a fence around the dumpster area to enclose it so no one can see into the dumpster area. And we felt that it made sense to have a 6ft high fence
to make sure that no one could see into the dumpster area. Going from 4T to 6 ft triggers another variance. So we felt that that was uh that was a necessary fence height to make sure the dumpster was properly enclosed. Um with respect
to uh off- streetet parking uh the minimum number of parking spaces as I discussed is now 10 where four is proposed. Uh the minimum parking dimensions conform. Uh the minimum driveway setback uh is 5 feet where zero
feet exist and we're keeping the parking lot in the same location. So 0 feet will exist after the improvements. So variance is required for that. The uh maximum driveway width is allowed to be
24 ft. Uh we are existing 35 and will be remaining at 35. So variance is required there. The minimum driveway uh aisle width uh requirement is 24 measured from the back of our parking
spaces to the rightway line. We were measuring 22 ft. Uh so a variance would be required for that. Um our signage uh is fully in full compliance
um with the ordinance. Um we do have um some additional comments on page seven. Uh an additional variance for a buffer. Um the buffer requirement is to have 10 ft. Currently there's no buffer as the
property's fully developed. Um we are required to have a 10-ft uh buffer uh from a residential property. Um and uh the buffer is to increase uh five feet for every 10 ft
above 15 ft. So we're required to have a 15t buffer. I get that right. Steve um sounds about right. Yeah. So I think you don't have any. So the way the way I read the ordinance was we needed 15 ft
of buffer. Um, so, uh, currently like the parking lot exists, there's no buffer today. There'll be no buffer tomorrow. There is a there is a white fence uh, along the property line between the residents, solid white fence
between the residents and the commercial business. And we are we are relocating the parking so the lights aren't pointing directly at the residential property. Um there's a note here that generator is permitted in the front yard as long as
it's less than 20 square ft, which we are. Um and then uh we talked about the offsite parking. Um, and then there's a a comment in here about testimony regards to the color and materials of the building which our
architect has prepared a very nice rendering and we'll discuss that in detail. Um other than that uh the only other significant report that we had was the fire department report which uh discussed um that they were not
interested in giving us any permit parking. Um so I believe that's it. Is there any any questions that you have to miss anything? the the only the only question and it may be for the architect but this was the uh from the fire
protection sub code about the exhaust. Yeah, that's for the AR. Okay. Other than that, I do not I think we have all the reports covered. The one thing I would add is that the Morris County Planning Board uh did send us an email sent to send me an
email that the application would be exempt. that on the record. I did forward that to no for the record, but I have I have no further questions for for Mr. Walker. Mr. Kangiano, do you have uh uh just if
you could add a little testimony on the maneuvering of the four vehicles within that drive aisle. Okay. Right. So there is adequate room for a vehicle to back out and turn around because we do have that 35 foot wide opening that that
turning maneuver is available for any one of the cars that park in any one of those spaces. That's not true. Okay, Mr. K. So your testimony is that they do not need to be backing out into the street. I don't believe you have to
back out into the street to make that turning. Thank you. All right. Any members of the board have questions? I have a question, Mr. Saniel. Um, are the people that are
going to the deli able to park in the back? The parking is going to be restricted to resident parking to residents only. That's correct. Um, so it it would be that one handicap spot then would only be associated to a
resident. It would be associated with the residence, but if that parking space is open, it's a courtesy. It's a courtesy parking space. So, so someone could use it if they're going to the deli. Okay. And then currently when
people are going to that deli, are they using the lot to park to go to the deli or are they parking in the street in front of the building and then running in and Yeah. Most people are parking in the street, the employees are using the lot.
Yeah. So really what we're really all we're really looking to do here is take the employees from parking in the lot and putting them in a public parking area and then having the residents use the lot for their for their purpose and use.
Yeah. I'm just stretching on the the amount of parking there. There's nothing there. And it's two one-bedroom apartments. Two one-bedroom apartments. Yep. So you could easily have four cars there. You could have four cars there. That's
correct. Yeah. Okay. Other members of the board have questions? Sure. The illustration doesn't seem to show any signage for that deli or restaurant. Is someone going to discuss that with us? Yes, our architect will discuss.
Okay. Thank you, Mr. M. I'm sorry, Judy. You want No. Okay. So, the parking spaces, are they going to be specifically assigned? They're not going to be specifically assigned, but it's going to be for residents only, right? There'll be a
sign that'll say resident parking only. Okay. I mean, do you need to maintain the 35- ft driveway to come in to go in? Well, it helps with the ability to turn the car around on the lot to be able to
pull out. I mean, my only concern is I'm not crazy about people doing parking maneuvers while people are walking. Mhm. on the sidewalks in front. I mean, you've got 22 ft for maneuvering space. A little short of a typical 90° aisle,
but not terribly short, right? Um, and I guess my other question is they're all 9 ft wide, right? Correct. Residential parking usually has really low turnover. if you reduce them to eight and a half, which I think every guide book says for
long-term parking is acceptable. Um, and I know it's a it's going to be a design waiver for us. That could allow you to reduce the footprint a little bit and create some buffer space with the neighbors. I know it's only about a foot and a half, but it's a
little better than zero. Yeah. No, we would we'd have no objection to that. It gives you a chance to put a fence up, do some things, maybe a trellis or something to provide some screening. And this is already a I believe it's a four
or six foot high solid white fence. It is the neighbor's fence obviously, but uh if we want if you wanted, we can definitely add in another fence there. I mean, yeah, but I I guess my main concern though is I'm not terribly crazy
about a bunch of maneuvers that potentially use the sidewalk in the street. Um, I mean, you got 22 ft on property. I would, you know, much rather you kind of redesign it to narrow the driveway and kind of force people to
stay off the sidewalk to maneuver. I don't care if they have to make K turns, make a couple maneuvers if it's a resident, right? I'm not terribly worried about, you know, efficient turning in originally. So, the parking is put in this way and there is some slope on this part of the parking lot
coming down. Uh, and so these parking spaces were in a bit of bit of a slope like more than 5%. Within this area, uh, so we rotated the parking, we got the the ADA parking space closer to the
door. this way. Uh it can be designed. We also wanted to get the parking so it wasn't pointing towards the residents. Uh so there are some benefits to doing it this way. This is the flattest part of the lot where the parking spaces are
and then it gets a little steeper. We could flip parking around so it's pointed towards the neighbors and create an accessible route for the ADA space which would be uh the spot on the highest part of the lot. I I have no
problem with the orientation you've been designed. I just have a concern about the the fact that the turning templates you showed in your plan and what you described makes it sound like you're planning to use the sidewalk and the street as part of the parking maneuvers.
And I'd rather see I'd rather see some separation so that the um even if it's a small fence or something in a narrower driveway to keep the parking maneuvers away from the sidewalk. Okay,
that's what I was going to ask about fencing, too. So, right now I'm looking at this and this is right. This is the white fence of the people in the house there. Okay. [Music]
Other members of the board of questions this testimony. I did have one. Yes, please. Um, in the fire department's email, there was a question about whether the building was going to be sprinklered. Our architect will have that. Okay.
All right. Anybody else? Hearing and seeing none, are there members of the public who have questions of this witness's testimony at this time? Please come forward, identify yourselves, and please ask a question.
This is not a time for statements, but for questions. Good evening. I'm Mike Scanello. I live on the corner in the comus of Lake Shore. My question is, where are all these people parking? Because right now they're parking in front of our houses and the four spots
are filled up and how about the oil truck that comes and picks up the waste oil and the renderings and the waste management truck. How they pulling them with all those cars in the parking lot. This puts a big burden on our street. It's happening already and they're not even putting apartments up there yet.
People go that is a restaurant. If you go sit there on a Friday or Saturday night, you'll see people having parties and stuff in there. We watch it every week. But you've you've asked your question and I'd like to have him answer it.
Uh well, like any business, you're directly adjacent to a business zone. There's many businesses in the area. We are not the only business uh in the area. Um, so, uh, obviously every business has services that are
associated with it and there is a degree of, uh, service, pickups, things like that that trucks are going to need to service the building. How do those trucks get in there? Four cars or five cars you're putting in a parking lot. Well, there's already having a problem with it now. There's already there's a
parking lot there now. Yeah, but those cars aren't there when those trucks come. Can I say something? This is time for asking questions. Ask I think you have to go next.
My biggest concern is all 44 corners of that street represented right now. It's just for questions of the engineer. You're going to have a comment. You'll be able to to just say your comments. Question is just where are people going to park? There's parking on our street and blocking our houses. Thank you.
Would you spell your last name for me before you N I E L L O. Thank you. [Music] Hi everybody. How you doing? My name is Drew Wazalooki. I live at 161 Lakes
Shore Drive. I'm also uh a proud resident of Lake Wawwa. I love the place. I've lived there eight years, divorced, two children. Um could you also spell your last name? Wazalooki. W A S I L E W S KI. Thank you. I love Lake
Hawata. I love what's coming of it. I love that these restaurants are opening up. I think it's fantastic. I think it's great for the community. I think this is a this is a good idea, but it's just too much for one place. Now, my question is safety. You have the fire department across the street. You have the 7-Eleven
on the other corner, the gas station on this corner, and there's a lot of accidents already on that corner. If anybody lives in Lake Hyatt, you hear all the accidents that happened there. Now you're putting more tenants and more um people on that corner. You asking a
question to him? Yes. The safety and on the back of the building they're not showing also is uh is there a fire escape? Is there going to be um what is going to back of the building look like? We are ten we are people that live in the back and we're going to be seeing this. A 6ft fence is not going to hide. Mr. Chairman, there's just what's there.
I I don't mean I don't want to interrupt him, but there were a number of questions for us and I would just like to have I had to listen to a lot of things as well. So, I have a lot of questions. I apologize. So, go ahead. No, that's fine. I would just I would just like to have Mr. Walker the opportunity to answer answer your
questions. So, I guess the first one was safety, right? Yep. So, we've shown on our plans that we can turn around a vehicle on our plans. a automobile parked in our lot can make the K turn and pull out forward onto the site onto
the street. So from a safety standpoint, we meet that criteria with the maneuver. When they're doing deliveries, where are they going to do the deliveries? In the front of the store where the fire department is or in the back where you're saying the parking is. I believe they would do do the deliveries in the back where there's four parking spots for tenants. There's four parking spots.
So how are they going to do a delivery there if there's tenants in the back? It's 22 ft. It's very tight. They can't even do it now with not even apartments on top. You asked me a question that I I'm just explaining to you the situation that you you don't see every day. Well, the parking lot's going to be changing
the way it's configured. You're maxed out. You said yourself you're maxed out on everything. The parking lot configuration of the parking lot's changing. I I don't know if the public can see the exhibit. See the front of it? No. Yeah. So, maybe you can just rotate that one. Well, what we could
pass one of these around, too. I have actually Actually, I do as well. So, sure. So, we're going we're going to be right now the parking is pointed in this way. We're going to point the parking uh away
from the street and away from the residents. That's what they're doing now. And it's still congested. It doesn't work. It doesn't work. What do you mean it's congested? It's can I I should have taken a picture of today. This what it looks like because it's they have the
cars maxed out already in there. So, and that's just of the just of the restaurant. There's four cars in the parking lot. Full. Mhm. That's okay. More more because they have it there and they they don't they block the cars because their employees there. It's it's you said yourself it's maxed out. It's
not going to work in my eyes. I I'm not a building inspector, but I don't think it's going to work. And I'm I'm not anybody a professional, but I am a person that uh Right. So it's it's a that lives there in BC. So it's a site management issue, right? So there's four
parking spaces. You're putting more already what's there now. I'm sorry. Mr. Mr. Walker is trying to answer questions. I'm sorry. I'm very I'm very upset. Yeah, I understand. Because there's so many things I have on your questions right now. This is just
questions. You'll be able to provide your testimony under oath shortly though. Y go ahead. Uh Daniela Greenwood. I live in 172 Lick Shore Drive, the house um right behind where that's proposed. We
paid for that white fence you're talking about. So I have a question about privacy cuz right now you're talking about my fence that we paid for that that's providing some sort of privacy. That's a huge building. It's looking directly over. There's it's behind one residence, but there's three backyards.
There's three residents that we already overlook and have to deal with like trafficking issues and things like that. Of course, we understand we're behind businesses. Just have to make it into a question. So, my question is, what are you doing for the three private the three residents who back up directly there in
terms of their privacy and their right to be able to go out in their backyard? Like, are you planning to build anything that's going to do that? like them overlooking the properties. Was that considered at all? So, what we we have a beautiful back of the building that's going to be built. So, check discuss a
little bit further. We've discussed options about uh creating more space where we could add greenery or more fencing if we would like, but there is limited opportunities to do that. in in the whole it's not just our
property it's the whole stretch all the way down through the properties are that large space just some this is the question time but yep we can [Music] any other questions of the applicant's
engineer the fire station will be seeing the fire station our architect's going to talk about the back of the [Music] building any other questions of the witness on this testimony at this time hearing and seeing none. Councelor, Mr.
Chairman, I'd like to call our our second witness uh Mr. Ch Mr. Tony Garrett. We are offering him as the architect for the project and also as the planner. Okay. [Music]
I want to have separation between myself and the attorney cuz I'm fighting over cold. Okay. So, really, I wish I had a dollar for every time I heard that or otherwise. All right. If you please raise your right hand, you swear, affirm the testimony that you're about to give will
be the truth, the whole truth, and nothing but the truth. Yes, I do. Please state your name, spell your last name, and provide your address for the record. Anthony Garrett, G A R E T. The firm is Bellow Garrett Group, Architects and Planners, PC, 161 Main Street,
Ridgefield Park, New Jersey, 07660. Could you provide the board with some background on your experience in lensure? Sure. Uh, I'm a licensed architect and a licensed planner in the state of New Jersey. Both licenses are in goodstead. I'm also ENARB certified
licensed in as an architect in probably 12 different states. Uh I've not had the pleasure of being before the planning board in Parsipany, but I have testified before the zoning board uh and or board of adjustment and I've been accepted as an expert in the field of architecture
and planning. I've testified across the state. Um and I was uh the former chairman of the uh town of Bon uh land use board combined land use board. Oh, I graduated uh with a bachelor's degree from uh Renelair Polytechnic Institute
in 1984. Any questions by members of the board and the qualifications of this expert? Hearing and seeing none. Excuse me. I just want to excuse me. Let me get this. I'll go as quickly as I can, but again,
I may need to take a sip of water somewhere along the line. Um, so um I'm going to start with the architectural testimony and I will try not to repeat a lot of what uh Mr. U Walker stated. I would like to
enter a couple an exhibit. I don't know what number we're up to. [Music] I have a series of um photographic
material. Uh one is a rendering um and then the other two sheets are an aerial photograph and a photo array in which I took the pictures and they accurately depict the uh the residential area.
So, we were um we were retained um by our client uh to design a second floor edition. Uh originally, we had hoped to get uh two-bedroom units up there, but the footprint of the building uh caused us to reduce it down to two one-bedroom
units. Um it's essentially over the same footprint as the um as the building that exists today. There's a slight overhang of 27 square ft in the rear which covers the entrance way to the building. Uh and
it actually gives us uh some benefit of cover when people are coming in and out of the building. They won't be standing in up in the rain or snow or inclement weather. Um the main alterations to the uh first
floor comprise an access there at the rear. Just a procedural thing. This packet is represented by the pictures shown on one of your Yes, it is. If you could make that easily seen by the uh public, please. I will, but I'm going to switch for a
second and go to the floor plans and elevations of the building if that's okay. [Music] You have your packets. So hopefully you can see that.
[Music] Um, so I'm going to use the handheld mic and I will walk through the architectural design. Uh, this is the second floor and this is the first
floor. There's an entry door from the not the first floor. It's accessible from steps and from a barrierfree accessible ramp. You heard testimony from Mr. Walker. It's the closest approximate location to the uh handicaps
striped stall. The main alterations are to the first floor are in the rear of the building. Uh we are removing a portion of the walk-in box uh and to construct a new stair which will be accessed from the back door through a
vestibule. We've created a an airlock vestibule which has access to the uh restaurant area as well as uh access secured access to the residential units upstairs. We relocated a three compartment sink uh to accommodate that
and we're raising the floor in the utility room which is currently sunken down. Uh we don't know why it was done that way but we want to keep everything at the one level. So you'd come up a couple of steps and enter into the building or the ramp. Um toilet
facilities remain as is. Uh we did uh we're proposing to construct a a screen wall just to hide a little bit of the kitchen area. The second floor you would come up it's a scissor stair. Uh you'd end up with a in in a second floor area
here with access to a living dining room for unit A, which is a one-bedroom unit, one bath, adequate penetration beneath the building code, um and a nice U-shaped kitchen in
here. And then the sec and that totals 818 ft. The second unit slightly smaller um at 744 square f feet but similarly it is uh onebedroom living dining with windows facing Lakeshore Drive. Uh there
are some windows on the rear of the building in the stairwell. Uh but again those windows um are uh really just to bring some daylight into the building and add some interest to the rear facade. uh this area here uh over there's a line
here. You if you pick it up on the uh on the floor plan, there's a little bit of area here that covers the uh entrance way to the building. So if I came up the steps, I would be underneath this little portion of the second floor here that kind of hangs out. That's the change to
the footprint. I will switch back to the rendering in a moment and go through materials. But as part of our efforts, uh we reviewed the master plan for the township of course at Detroit Troy
Hills. Um there's some specific language regarding Lake Hayawa, the central business district. It is really your downtown and uh a lot of the goals and objectives and precepts in the master plan look to strengthen that. So what
we're proposing really is a complete refresh of this building. Uh it used to be the old Jeremiah's. It was kind of that yellow stucco. Wasn't terribly attractive in my opinion. Um the owner did make some minor improvements to the
um facades of the building, but as part of this renovation, we're really proposing some significant improvements. Uh we would be redoing a whole new storefront at the ground floor. The storefront would be a black
anodized material. Uh this is representative of what that would be. And then we are proposing to uh clad the building in a combination of materials. We would be using a uh an ephus uh in
exterior insulating finish system. Uh we've used it before. It's manufactured a tool joints and it will replicate um common brick. So at the end of the day, this will look like a red brick building uh with the with the black anodized
storefront. We have some decorative lighting um sconces and uh along with some pilasters which are clad in an aluminum composite metal panel again in that black color. We're really trying to update the look of this building. All of
the uh windows will be energy efficient. The inclusion of the exterior insulating finish system will make this building compliant with energy codes where right now it is vastly under what's required by a current energy code. So this will
be a much better performing building from a energy usage point of view. We're breaking up the facades with the use of um some hardy plank siding. Uh give it a more residential character on that second floor. Uh, and again, we're
putting transoms over the windows on the second floor to bring more daylight in and give some visual um interest to the to the building. I refer here to the east elevation um which is the rear of the building facing the residences.
We're depicting the ramp, the entrance door. Here's the second floor. same pallet of materials, red brick, um, hardy plank siding and the aluminum composite metal panel. There's articulation to the building. This bumps
out. That's the current utility room. We are bumping out the second floor slightly here with the uh, Hardy Climb sighting. So, what you're looking at now is the back of a restaurant. If you were to go there today, uh, in our opinion,
it'll still be a restaurant, but we're dressing it up. And by adding the second floor and the articulation to the, uh, elevation, we think it's a a, um, vast improvement to what's there today. Uh, you'll also see at the, um,
that would be the southwest corner of the building, we have a little turret. Uh, and now I think I'm going to switch if you don't mind because I think the this rendering gives a much better representation. So, I will get out of
the way so the public can see it or try to. So, this is the red brick uh material, the simulated ethus material, the hardy pine siding. Uh, there's a decorative element here. It's hard to see, but this is actually the signage.
The signage is right above the new entrance door. It's compliant with the ordinance. And again, we're using gooseeneck lights illuminated. So, there'll be no internal illumination to the sign. Uh, and you know, we're trying to be respectful of the area and really
create uh in my opinion um a gateway to Lake Hayawa. You know, I traveled it tonight just one last time. And as you come north on North Beverwick Road, you pass the uh shopping centers um on either
side where the uh Blue Town used to be and the Troy Hills Plaza. Uh you don't get a sense yet that you're really in the downtown area in my opinion just by the nature of those uses. I'm kind of drifting into some planning testimony, but it kind of was the basis of our
design. We come to this intersection. You have the firehouse which is a two-story 35 foot high building. And then we have this building immediately across the street from the fire station. Again, 31 ft and it's two stories. And
it really creates an entry in my opinion to downtown Lake Hayawaka. Uh I'll get into that a little bit more in my planning testimony, but uh from an architectural standpoint, this is what we're presenting aesthetically. Uh there were we did go through the
reports um and uh with respect to the fire department, one of their comments was the uh exhaust shaft from the restaurant. And it's not called out on our drawing, but if you look
at A 100, I don't I don't need to turn it around. There's an area in the bathroom, which is just a square. That would be the shaft plate right above where the uh foot exhaust would be for the existing
Anel um existing exhaust hood in the restaurant. We're not proposing to change any of that. However, it would run through that shaftway. It be fire rated and it will exit the building 10 ft inboard of the north wall of the building. So, um that was one of the
comments in the fire code letter. The other one is uh the residential uses will be sprinkled. They must be um as required by uh the uniform construction code in New Jersey. Um the res the
commercial space does not require a fire sprinkler system. However, there is an Anel system. That's a fire extinguishing system right in the hood that will extinguish any kind of grease fire there. So the building the residential
uses must be uh sprinkled though by code. Um, again, I think those were the only specific comments that I needed to address in the engineers uh and fire sub code officials report. So,
um, at this point, I'm kind of concluding my architectural testimony. Um, it's up to the board's um, choice whether you want me to entertain questions on architectural only or just launch into the planning testimony. Historically, we like to keep them
separate. So, I'm going to ask the members of the board or our professionals have questions on the architectural Mr. Math. Two quick questions. So, the building itself is is it the same building with
just a different facade or are you redoing the building? It's the same building with uh with new facade materials and obviously the second floor is new. Okay. And actually, I'm glad you asked me that question because I wanted to mention we will be essentially
building what I would call a sarcophagus over the existing building. We have enough room that we don't want to mess with the commercial space down there for as long as possible. At some point, there'll be some imposition, but my structure will be designed to really go
on top of that existing roof structure. We can't use the roof structure. It's not structurally sound to do that. However, right here there's um an element and right here there's an element in the building. Those currently are existing pilasters in the wall and I
believe there are columns in there. So, we've kind of uh utilized some of that structure in the building, but we're not planning on raising the building. Okay. Uh I take it you're going to have to use a crane then to to do the second floor.
Um, from a means and method standpoint, I think this is really going to be smaller. You know, it's probably going to be woodframe construction, uh, with a lull. They make, you know, once that the roof structure will be there, so they should be able to get a lull to get a lot of that material up onto that roof.
And I don't know that we, you know, we necessarily need a crane in there to do it. I'm not saying we won't. A contractor may bid it a different way, but from my standpoint, this could be built without the usage of premium. Okay. Um, next
question. To the extent that one of the public was concerned about privacy, I noticed there's basically one window in an apartment in the back. Um, and then there's the other ones are sort of a stairwell and a common area, right?
Um I I don't know if you have up on the boards the uh rear elevation overhead. Yeah, the overhead. Is there any way to minimize that window a little bit? I know you want natural light, but to at least
um you know respect the privacy of neighbors. Yes, we would stipulate to reducing the size of that first. We can eliminate the transoms. That's number one. Uh, we can also reduce the overall width of that
window certainly. Uh, and we could bring the sill height up a little bit. I mean, architecturally, I don't think it's as pleasing, but I think I have the talent to make it look nice. Um, so the short answer is yes, we can do that. All right. Dare I even ask if you could put
them on the other side on the north? We can't because they are it's a zero lot line. It's fire rated. Okay. It's it's We can't do it. Sorry. cuz I I understand feeling you're in your backyard. I would stipulate though
um that we would have window treatments on the inside of these windows, whether it be blinds or some sort of shading system. That again would we'll stipulate that and add it to our documents so that you don't have somebody on the second floor peering down onto those
properties. How could that be? I'm No, I mean, well, how do you prevent them? How do you prevent that? How do you prevent them from opening the blinds? Well, they can open the blinds, but we uh you know, we do this a lot in office buildings when they're facing residential properties where you put blinds in there
and you know, hopefully they they're going to be good neighbors and respect the environments, but we'll certainly minimize the window open. Okay. I have a question. Is there any room on the back end of the lot that's towards the
resident that you could put more landscaping, i.e. like privacy trees that you know? Well, I'm not sure who suggested maybe it was Mr. Meth reducing the width of the um the the parking spaces to 8'6. The the handicap
stall in the drop off area is already 8 ft. Yeah. I mean, basically that gets you an extra foot and a half, right? Well, actually, it might be a little Yeah, it'll be an extra foot and a half, but again, I think I don't know that the pavement is right on the property line.
I didn't survey it, but what I would suggest we do is put up some sort of trellis and a um plant that will grow vertically, and you're not going to get trees to grow back there, but I recently did this um where we didn't even have
the um we didn't have the ground to do it with. We actually put large planters with integral trelluses and it's working. The greenery is growing up that trellis and providing a visual break. And also it, you know, just it's nice to
be looking at green. We certainly can do that. And I think a foot and a half is enough to do it. Good. Yeah. [Music] Um, again, I do uh I'm doing
architectural. I will I will bite my tongue for me. Oh, there there was a question from the public directed to Mr. Walker about fire escapes. Yes, we are not required to have a fire escape in this building. The windows are large enough in the bedrooms that they qualify
as egress windows. That's our second means of egress out of the building. So, the one stair is fine. It's only two units. This is not even a m It's not even a multif family dwelling. It's basically a two family of a commercial space. So the short answer is once
they're required, no fire escapes on the back of the building. The bedrooms are in the front, the egress windows are in the front, and they don't require a fire escape. And a sprinkle and sprinkle. Okay. Other members of uh Andrew, too.
Yeah, I just got a question on the the the front door location at the corner. Um, you know, it's it's existing door location that is a very very steep sloped sidewalk. Looks like it is over about a foot of grade from the road to
that. It's going to be really hardressed to to make that sidewalk work um at that location. Is there any consideration or could there be any consideration for um either adjusting the finish floor
elevation or sliding that door away from the corner a little bit? There there's it it varies from a foot of grade break um at the gutter line right at the corner there north beverage or u like your rendering kind of shows it flat it's it's to about a
foot a foot over a foot. Clearly that sidewalk is not barrier free accessible. Yeah, the cross slope is insane. The cross slope and the slope itself, it's a ramp. It's not a sidewalk. It's not one in 20. Not even close to one in 20. We do have barrierfree and level entry
along North Everwick. In addition to that, by in implementing the ramp, and I think it was one of the questions it might have been your No, I'm talking about North Bever. That's the store I'm talking about. I know. It's at the south end of North Bever. Yes, we could look at relocating it
certainly. Uh it does kind of affect the architecture a little bit, but I think again we can uh we can make I think there may be some coordination between your team and the and the engineers and the engineers. We don't coordinate with engineers. We just don't know. Um we can
certainly if that's a if the board feels I think at the end of the day it's going to something's going to be needed here. Okay. Also, we do have the the ramp from the rear of the building. So, if somebody were, you know, in a wheelchair, they can gain access to the first floor of the building. And there
was a comment that it goes through the kitchen. Yeah. There's not that's not the most picture picturesque way to enter the building, but this is an existing building. There's no prohibition on going through the kitchen. Uh it's not a required exit,
but we have a required exit out to Beverick Road. It's more of a convenience to get somebody in and out of the I even think if you just move the door just on the other side of that pier may go a long way. Okay. You know just what's that five seven ft whatever that
is. 100%. I think we can do it. And Mr. Chairman just to add to that statement there was testimony from Mr. Walker and that uh Mr. Garrett would address item number 11 report that discussion that was just that that covers that number
11. Okay, very good. Yeah, that's that's in line with the reworking the sidewalk on uh Lakeshore because the door is is higher than if you lower the sidewalk, there's going to be a gap. There's going to be a
step introduced and I know that the goal would be not to introduce a step for folks walking down the sidewalk that would like some accessible access. But since we and um Mr. Walker, I just conferred with Mr. walker, we can relocate the door slightly. And we did
not mention uh since the engineers comment um regarding the repair of the sidewalks along Lakeshore. Uh we would propose to put in one street tree uh with a grading there so that we kind of break that area up with a little
greenery. So it' be a very narrow con conicle type tree, but we would in you know that would increase it's not increasing our landscaping on site per se, but it's a nice amenity for the whole neighborhood. Where where would that go?
That would go on the Lakeshore Drive um portion of the sidewalk. And currently there's a a sewer inlet towards the east side and there's some
sort of obstruction at the north side as well. So we would propose it basically in the middle of the building in the middle of the facade I should say. We're not planning my comment on that. That's great. I don't I mean I I have no objections to it. Uh that is in the right away and you'll need to have at
least a coordination with the township understood um on that approval. Congress. Okay. Other members of the board have questions of this uh testimony in the architecture at this time. Yes, Miss Winter.
I think most of my questions are really operational. So, I don't know that you're the person to address them, but but we'll start. I'll do my best or I'll defer. So, is is there an existing restaurant operating right now? there. There's an existing
food emporium operating there and that that's the use that's proposed to continue. Um I don't know the answer to that question. I don't know what the extent of the leases are, etc. Um because part of this is related to parking and how that what exactly is
that use. Um I notice on the floor plan for the commercial space that there's no office. There's typically an office even though they're usually tiny with a restaurant. Is that lost as part of It's not a
private office, but the point of service would, you know, that would kind of be the facto. Well, there's usually a place where there's a safe and storage for credit card receipt. Sorry, we do have a utility room back here which could be utilized for that. Okay. So, it's not
purely intended for mechanical utilities or currently there's an air handler in there that's providing air conditioning. We would uh when we get to the MEP design, there would be rooftop equipment, you know, or condensers up on the roof with an air handler in the
residential unit. Um, so we don't see the need to have a full utility room. And again, this is not corporate. Mhm. You know, if they need to put a safe in there, there's adequate room. There are a couple of water heaters in there, which will remain. Okay.
Um, yeah. And, you know, I I think I'm more curious about whether this is truly a restaurant or a deless in that particular use and would like some testimony from someone regarding that. I mean, either way, you're going to need a
variance for parking. it will just be the degree of that variance, the level of the Yeah. how intense the variance would be. Uh in either event, um the position here is that um the
um employees of the quotequote restaurant food emporium would be parking off site. Um I don't want to get into the planning testimony, but I eventually will. Okay. Thank you.
Any other questions? Hearing and seeing none, are there members of the public who have questions on this testimony at this time? If you'd come forward, identify yourself and ask your question. I'm just going to wait till you guys we
talk to you guys as well. I don't understand how this goes. So, this is just just trying to elicit testimony from I understand that. It's like mixed. your your comments come later. Okay. Thank you. You know, and and you
actually you get sworn in and you actually testify as to the conditions that have prompted you to to come before us. Thank you. Thank you. So, all right. No questions from the public. Now, if you want to move on to
the planning testimony. Okay. Very good. Thank you. [Music] So, in the interest of not repeating testimony that's been provided by Mr. Walker, I'll just briefly describe the
retirees of the area. It's the B5 business zone. We're joining an R4. Uh there are commercial um commercial operations up and down Beverwick Road. Right across the street is the Lake Hayawa Fire Department. Uh across the
street there immediately across the street um they're actually uh two restaurants. Um the Thai Cuisine and then next door to that there is a um a coffee shop uh which is called the
Tiierra Encanto coffee shop. So, I don't know. I think you seems like you've had the coffee there and it's pretty good. Okay. Uh, and again, um, there's no parking provided for either of those operations. Um, next to that
there's China City. There is an existing fourcar plus or minus. It's on stripe parking area alongside the China city. On our side of the street, immediately north is sush uh sushi coup uh sushi
shop. They do have some off- streetet parking. Again, it's not clearly designated, but it's uh probably in the I saw six cars parked in there tonight. Um moving north, there's a Mexican restaurant, Los Carnal's Mexican
restaurant. Uh no parking is provided. Uh that's also in a building with uh uh Jackson Cuts, which is a barber shop, and Envogue, which is a salon, a women's salon. In addition to that, across the
street, as we move a little farther north, there's a commercial building called Empirical Labs, Inc., which is again, that's a fully developed site. The building is probably in the neighborhood. I didn't this is anecdotal
but it's in the 80 to 90% of that site is occupied by the builder based upon mapping that's available uh through the New Jersey GIS. There is no parking provided for that building. Then as you move farther
north uh we get to a um there's actually a mixeduse some offices and residential. They do have some parking. They have about six parking spaces. the footprint of that building uh is a little bit larger than our building. Oh, I didn't
mention and again I can I can also refer to a photo array that be distributed. By the way, I have some extra copies for the residents if you'd like. Hold on a second. It's the rendering his aerial photograph
and the photo. [Music] Um, also right across the street from us where the um the coffee shop is, that's a two-story building. I did not get up into the uh second floor. However, my
observations and my photographs and I'm referring to photograph 26 on that photo array that depicts the building twotory. Looks like there's residential. It appears to be residential use on the second floor, but again, that's anecdotal uh to my
testimony. Um just running through the photographs. Uh the first series of photographs really one, two, and three. uh they show the the western extremity of the site uh of the environs along Washington Avenue single family
residential. Uh four, five are the uh fire department. uh 6 7 8 9 and 10 again are include the residential areas along Washington Street, the parking lot behind the fire
department, the 7-Eleven and the uh and the fire department itself. 11 and 12 uh show the 7-Eleven and the gas station at the corner of Lake Shore and North Beverick.
Uh this is looking farther down towards Bosphorus restaurant. Bosphorus is located in a strip building with at least two other tenants in there. They have some parking. It looks like it's a shared parking arrangement with the neighbor.
Uh I happen to go to Bosworth a lot. I like the food. I I don't drive from Ridgeville Park. I live in Montville, so it's relatively close for me. Um, well then, how did you become the chair of Gooden Town Land use board? Pardon? Oh,
you moved. I They threw me out. They excunicated me from No, I moved I moved to Montel about uh 25 years ago. [Music] Um, photographs uh 14 show the fence um
along the the neighbors property. Uh, that's 14 and 20. Uh and then this the rest of these photographs 15 16 17 18 19 uh they depict the residential neighborhood to the east where the neighbors are
from. Uh we have uh this is looking towards Sushi coup. You can see there's a dumpster just floating around in the parking lot. That will no longer be should this application get approved. That will be screened in by the dumpster enclosure.
Then the last series of photographs really run up northwick on our side or the east side of the street. And the last three pictures here depict the uh the existing building that's there now.
Um so again the nice thing about not the only nice thing but one of the nice things about Lake Hayawa is it's a defined downtown area. It's walkable. um you can go from shop to shop. You're not
pulling into a sea of parking. Um this has been identified in the master plan and it's something to preserve and enhance. The master plan even goes as far as to say that they they recommend changes to the ordinance uh that allow
three stories buildings in Lake Hayawa that hasn't been codified, but the upper two floors being residential. From a planning standpoint, it's a good thing to have people living on these main streets in this in these
apartments. They tend to frequent all of the u commercial uses there. So, there's a it gives light a a liveless to the downtown area where you're not rolling the sidewalks up uh you know after dark. Uh so I think the master plan recognizes
that recognizes this area of u clay kaya as having a lot of the um components to make that work. Um we also um feel that the massing of this building is appropriate. The height
matches the fire department across the street. Uh, and there are other two-story buildings along North Beverwick. And uh, again, I would uh, I think from a we'll get to the exact uh,
variance relief that we're seeking. Um, but you know, there were other things it in the review of the master plan. Uh, flexible standards for mixed use. Um, street plantings were recommended. [Music]
um smallcale mixed uses um were again that's something that uh page 120 had a whole list of the master plan of of things that should be included. Uh and then we get to the off- streetet parking which they actually deal with as well in
the master plan. Uh the master plan, which is a document that your board approved and recommended approval to the town council, said that it really is important at this point to start looking at the parking requirements, especially
in the local business zones and that overparking for uses is not something that is recommended. That you really should have an appropriate amount of parking. Uh, and I have to say having the municipal parking lot set aides
there really is a great thing. I do a lot of work in Boom still and uh, Boom actually has an ordinance where uh, for Main Street where we can't they can't put any more parking in if you're willing to make a contribution to the
parking fund. It offsets your parking requirements. I don't think we can just do that because there's no ordinance in place to do that. But this is becoming a more much more commonplace um planning approach to parking
requirements in central business districts. We also do a lot of work in Tene and in their B2 zone if you're within a certain distance 500 ft I think it is of a um municipal parking lot that can you do not have to provide any
parking for your residential uses. And we're essentially proposing our parking for the use of the resident the two apartments upstairs because in our opinion and I visited that parking lot various times over the last couple days
at Minihaha Boulevard and uh North Everwick just tonight I went through there. There were 30 I counted 31 stalls two of which were occupied by school buses. I don't even think that's really what that was designed to be, but
including those school buses, there were only 14 vehicles in that parking lot. And uh our client who owned a building and runs a business in Lake Hayawa um in discussions with him um and subsequent
visits to the Minhaha parking lot. Um we've seen a lot of empty stalls in that parking lot at different times through the day. [Music] Just one question. How far of a walk is that from this site? 550 ft. Okay. So,
it's a tenth, it's a little over a tenth of a mile. Just to give you kind of a um a comp, residential site improvement standards give you um and we're not following that per se, but under a/4 mile uh if there is uh public to public
transit, uh they give you a vast reduction in the amount of parking that's required for a use. Uh we do have public transportation runs up and down North Everwick Road, the 871 bus. uh and that can take you down if you need to
get to the uh Beverwick park and ride facilities to take a bus into the city. And I don't think that should be ignored. Uh but our walking distance is not excessive. 550 ft is two football fields. Is there I sort of recall a
guideline based on a shopping center about how far you make or office building about how far you make parking spaces and the number 600 sticks out in my head. Are you familiar with that at all? Um I I it would be anecdotal. I did not look that up. I apologize for that.
But I would point out one other thing in my preparation for the um the hearing tonight. I went through your ordinance again in detail and I just want to make sure I hit the section right.
Um, under Yeah. uh 4:30, I believe it's 123, the planning board uh paragraph Y, the planning board does have the ability to um allow for offsite parking under
certain guidelines. I don't know that we necessarily meet those guidelines, but it's something that's codified in your ordinance uh that you in my mind I interpret that to mean that the board and its professionals feel that off-site
parking is not something to be frowned on, you know, if if appropriate. And in our opinion, having the uh employees park 550 ft away, one block, one long block away is not unreasonable. Um there
is a lot of street parking north of our site on Beverick Road every time I've been there. And it's been varying times. Um there's there's usually a plethora of I love using words like plethora of available parking along North Beverwick
Road. Uh there are a couple of restaurants a little farther north uh near the near the parking lot. Uh they would be there's an Indian restaurant up there and then another I believe uh Hispanic type restaurant up there that
again they don't appear to have any parking on their property. They are closer to the mini haha parking lot though I won't point out in terms of the justification for the variances really seeking C variance relief and I think we uh qualify under a
C1 hardship and a C2 flexible variance of the hardship really applies from most of our existing non-conforming conditions. It's an existing building. Uh it would be a hardship to tear that down and try and meet all the setbacks that are there. would really devalue the
property almost into in utility. Um the transition area again the residential very difficult currently there is zero transition area. Um there is a fence there. uh however it's not
our fence and again I think the suggestion of producing a width and being creative uh with some trellis planting really uh can address the the buffer area the coverage is existing and
the setback along Lake Shore Drive is existing. So these are I think are justified positive criteria is justified because they are hardships on the site. With respect to the uh C2 flexible variance um we think that we're
promoting a few roles of the municipal land use law with this development. Um providing different housing types for uh everchanging population. One of that's uh one of that's goal E.
Um, we also I in my opinion um have sufficient space to accommodate the proposed use when viewed in the light that we're viewing it. And I guess number one is I think I like the term that the building
we're proposing really gives a sense of place and a sense of entry to Lake Hayawaka which is really creating a desirable visual environment uh using um you know creative techniques. We've stipulated that we would include some
street tree here. Actually we do show that slope in the sidewalk by the way. Uh it's in the rendering. It's actually pretty realistic. Um, again, I think the facade improvements, uh, really, um, not oversigning the building. We have a
compliant sign on the building and putting finished facade materials on all sides of the building is a huge improvement to what's there today. Um again I we are um I would say the parking is the most
significant variance and what we found over time is uh parking tends to be self-regulating. Uh if there's not enough parking people don't go to the place they'll just bypass it. So, you know, the idea that because it's there all of a sudden you're going to have
mass pe you know mass of people trying to double park or parking in the residential areas. We don't really think that would be happening here. Um from a negative criteria, uh we are proposing to repair the sidewalk. Um there's no
substantive change to the commercial use on the site. Uh and we are providing the um the residential parking uh uh for the residents overnight. So they will not be parking on the street, nor will they have to park in that lot over on
Minihaha, which doesn't permit parking from 1 to 4 in the morning. So I think when you have an application like this, you really uh you know, you should look at the totality of what we're asking for. They're most of them are very
minor. their existing nonconformities. Even the increase in coverage is very slight. And if we implement the narrower stalls, we're further decreasing the impervious coverage on the site, which is a good thing as well. I think this board can
grant these variances without causing substantial detriment to the zone plan. Nor will I think nor do I think it will affect the public health, safety, and welfare. This is not a very large building. uh it's light in the air will be
available to the adjoining residences to the south. Uh I would point out actually you can see on Mr. um Mr. Walker's exhibit here that a lot of that restaurant that is backing up to
the properties as you go farther up nois I think it is those are behind Sushi Coup. That's not our property. Okay. that that's existing over there. We're proposing to make some, you know, improvements here where we can and I don't think that should be lost on the
board. So, I think the variances can be granted. Have I missed anything, Mr. Miller? No, that was uh did the negative criter. Thank you very much. Christine, do you have uh
um to Gordon's comment about the walking distance under 1,000 feet is generally considered walkable. Most people are willing to walk that far. So, in that sense, being at what? I thought it was 1,000, but I wasn't comfortable. So, I'm glad you brought that up.
Um and it's beautiful building and I think aesthetically it it would be an improvement. Um, I still am concerned regarding the parking that you're adding a use. You're adding
two um apartment units and you're removing all the parking for the existing restaurant/elcatesscent use. Um, and then that whether that qualifies as the C2 variance ultimately will be the board's
decision. Um, but I'm not sure that those all the benefits outweigh uh the additional detriments for the parking. you could make the improvements to the building um without adding the
apartments and increasing uh the demand on the public parking on the street and within that lot. Um so that that's I mean my comment there. Um I have a question Mr. Chairman. Mr.
Stanziel. Um don't disagree. It's a a beautiful building. Um I know you've provided testimony about all the other businesses going down the road. I think obviously some some core differences that I see. There's no parking in front
of that building all the way down past Sushi Coup. So I'm I'm going to say that that's probably two 300 ft of parking on the street that's gone. Right. I'd say 200 of them. 200. Okay. And then, you know, again, you're you're putting, you know, residents up there. So, if it's
just, let's call it, two couples, there could be four vehicles easily, you know, in that lot. And I don't really live that far from there. My my question really and I don't know if that you can answer this and I guess maybe I would point this
towards you is is the business owner present or can we get testimony from the business owner of exactly what the customer flow of that business looks like? Because I know the layout of that building from when it was Jeremiah's.
When it was Jeremiah's, she did all just pure catering. She would just, you know, people would come pick up a bunch of stuff out the door, right? I've used her to cater. I know that is more like a restaurant and people are in there
eating like a lot of people. So to try to, you know, shoestring it into, you know, that it's a deli, I I I want to say it's a stretch. And I' I'd love and I think it would help with the public too if if the restaurant owner actually
provided testimony as to how the business operates because I think that that's the variable here. I don't think it's a deli. We could we could offer Mr. Salah for testimony. Sure. Are there any do you want to wrap up
questions with the actually just like any other questions for the planner at this time? Well, let me ask a question on parking. Right. So, residential site improvement standards, generally speaking, half a
space per unit is for visitors and guests and doesn't have to be assigned, right? Would it be possible or feasible and this board is capable of granting diminished exceptions to RSIs?
Okay. Um to basically only assign one parking space per apartment and then that could leave two parking spaces for restaurant employees. I think that's a very sound suggestion.
We have done that with other developments. Um, so yes, the short answer is we could designate one space per dwelling, which would be a total of two, still leaving two, including the handicap. But again, the handicap stall
or barrierfree accessible stall would not be signed to prohibit people from parking there. Well, actually, I was going to ask, maybe this is a question more for Mr. Walker. If they are a signed spaces, they're no longer open to the public. I don't know if you're
required to have an ADA space. The building code says 1 to 25 stalls requires an ADA space. All right. I think correct. And just to clarify on the RSIS, um about a year and a half ago now, they
changed the parking requirements. No longer a dimminimous exception is no longer required. It is now a maximum. So ADA or sorry not ADA sorry RSIS that is correct is a maximum parking requirement and for a one-bedroom unit
it's 1.8 parking spaces per unit and that includes.5 parking spaces for visitors guests which could be the on street parking in the area or the parking lot 550 ft away that all
complies with code. Yes, I would agree with that. So we could basically these things these apartments could be rented with one parking space and if somebody wants to have a second car they've got to go make their own arrangements. You forgetting about the trash by the way. I'm sorry
sir. Yeah. So, I'm just laying that out there as an alternative to allow the employees at least to park here and then customers have to find either on street spaces or
public parking lots or at least two employees get accommodated. I um telecommunicated with my client uh and he found that to be acceptable. We would assign one parking space to each residential unit if the
board is so inclined to move in that direction. I have a comment, Tom. Michael, this this planning board gets involved with parking anytime we have an application in Lake
Haywa. Now, Lake Awata developed before we even had a a master plan. Um, so North Beverick Road was was predetermined before we started to plan development and there's no way we can
change what we have in in in Lake Hayawa. Unfortunately, um, all the years I've been involved in, 46 years, we've been talking about parking, and it would be great if we
could tear down some building and build additional parking somewhere in the center of Lake Awa. We've over all the years we've been discussing it, we've never had an opportunity to do something like that. And that's our problem. And a
lot of these restaurants you're mentioning, if they get approved with no parking because we have no choice. Um either the bu the buildings stay vacant or we allow the owners to put something in there and then we sit here night
after night discussing parking. It's it's not a there's not a solution I'm aware of. And for many years we had a a uh a committee a business committee of Lake Haywa businesses and again we discussed it
many times with them and no one had a viable solution to the parking in Lake Ayawa. It's a dilemma. Yeah, I I hear exactly what you're saying having lived in Boon and done a lot of work in
Bon and been editor of the master plan. Main Street there is the same thing. Uh but there are you know again the town and I think Paripany also has been proactive. I mean that lot on Minihaha that's 31 parking
stalls of public parking. Um, we were hoping the fire department would be a little bit more amendable. There's a big sign that says permit parking, but uh, they refused us. Uh, we did approach them, uh, on a couple of occasions. Uh, but again, I think there are where it's
been possible. I compliment the municipality in creating some of these public parking areas. That was the only space available. There's no place else. You have to go up to the lake library
before you find right another parking lot and there's nothing in between and it's a a you know if you don't keep your downtowns vibrant decay sets in and it spreads like the plague and then you
end up with either vacant buildings or uses that may not be the most desirable uses in those spaces. Yeah, the only I like the building. I like the facade. That's a that's a a lovely improvement over what was
there. Um the residents are concerned about parking in front of their homes. Um the only thing we could do there is maybe for a block in each direction. No parking signs on residential. I don't think we can.
You can't park there either. That's right. Yeah. So there's there's no solution. And I can I can see Yeah. I I will say this that in Ridgefield Park, my office is in the downtown area. And there is um you do have to uh
purchase a permit from the the village. We're one of the few villages in the state uh to park on those side streets. So I think that's an option. you know, it could be designated for, you know, residential only, at least on those residential streets, but I don't think
we can propose that. No, they would have that's a municipal. Then they would have they would have to get permits to park in front of their house. That's not viable either here. We we had later that was just an observation. I'm
sorry. Yeah, I was going to say that the the the discussions that we had for the master plan five years ago, right, covered this rather thoroughly. Yeah. And we basically said there is no good answer, but to your point, to keep the place
alive, we're going to have to allow uses that are a little bit more intense than we would like with less parking than we would like. And it's simply recognizing the truth of what's there now.
Yeah. The the section in the master plan that talked about maybe a third floor allowing a third story. I was totally opposed to that. That would increase the density and and further increase the problem with parking. So no way should
we ever allow that. But that's in a master plan. And we're not Yeah. And that's not codified. But we're not proposing three stops. No. Well, and your ordinance does have that height requirement. It has that max and this is comp which I oppose by the way
unsuccessfully. But that this does comply with the height requirements that are that are currently in your Well, I've I've been trying unsuccessfully to to actually limit that height requirement to 35 ft from the lowest
point of the foundation showing. We've had a lot of conversations about that, too. So, yeah, but I I noticed in your plans it looks like you meet you would meet that anyway. That is correct. So, it's not it's not absurdly high. I
mean, I've seen buildings where on average they met the requirements and it was still a 45T wall that I'm looking up at. That's not acceptable to me. you know, a little steep ground,
but the uh All right. All right. There are any other questions of this witness on the planning testimony at this time. So, you're going to present. Do you want to ask questions of the planning testimony at this time? I don't, but it's an hour and a half and there's so
many things you guys are going I can't remember everything. So, it's like really frustrating because I won't be able to address everything. And and um the parking is one thing. It's infringing on everybody in the community. If if if you so just from a procedural point of view, if you decide
you want to make it this a formal opposition where you want to hire a lawyer and present to us, you can tell us you want to do that and we can we can put this over to a later date for your so that you can put your you can listen
to the tapes and you can put your your questions down if you want, but we we can have that discussion once their case has been made. Just you just have to come up to the microphone, say your name. Sorry.
I use that microphone. I don't want fighting. Thank you. Uh Della Greenwood, I just had a question about you you said earlier that you don't have to meet certain variances. I don't know. I don't like I'm not super informed on this, but that
certain things were already not compliant, so they don't have to be compliant. Is that correct? Okay. My question about that is it was not compliant when it was a much smaller building that was not very large. It was not infringing on the privacy and parking of neighbors. So now it was
already non-compliant as a small building that had less traffic. So they're asking that it remains non-compliant with disregard to parking and disregard to these are actually turning into comments. I'm going to ask our attorney to address just what make
this a question. So my question is please how can they still request non-compliance if it's larger than already was when it was I don't understand how they can My question is how can it be non-compliant when it's already in non-compliance and it's going to be larger and infringe on increasing
than non-compliance. Okay. All right. So if you could just explain seems not legal. It's really more of an attorney's question. I think I might be able to answer that. I'll answer, but I think the So, as far as the building's concerned, um I believe the only pre-existing non-conformity is actually
the front yard set back off of Lakeshore and how Parsan's ordinance is written, they are allowed to continue that up as long as it's conforming with um the other requirements like height. So that is why they can continue that
particular situation. Uh as far as the buffer, we're we're saying they need to comply with that and they they're requesting a variance for it. So they were requesting a variance for the parking. They have that's what this board's going to decide whether or not
to grant those particular variances. So, so but the building itself, we don't expect them to change the footprint to comply as part of this. So, there's ex there's existing conditions on the property that don't conform to the burrow's requirements.
And then they're also asking us to hear their case as to why they should keep those and also um make additional deviations to what is required or what's permitted under the ordinance. So that's what they're asking for tonight. So the
they're asking for the board to actually legalize this request. That's if that answers your question. I have a question for our planner. Um is there a differential in the amount of spaces if it's considered a deli
versus a restaurant? Um I believe it's two and a half spaces versus Right. So if it's a restaurant, the requirement I had calculated was 13 spaces and I believe we're saying that requires 10 spaces if it's a deli. So three three
whole spaces. Three whole spaces extra. And then who determines whether it's a deli or a restaurant? Us or them? Their testimony. I think that's what we were looking for to from the owner to see is this
actually a deli use. We want some testimony on that. So, I mean, if there's no more public questions, maybe we could ask. I was going to say, historically, we've relied on the zoning officer to tell us they're not really offering. Yeah, Ben's missing today. Um, there is
a definition um for restaurants. There is not one for deli. Um, so generally speaking, and we can go based on some of our other cases we've had prior and what we've considered a restaurant. So, uh, I believe not too long ago, we had a pizza
place, um, slash burrito is that that we consider a restaurant. We count it calculated um, it as such. So, I I think it comes down to the owner's testimony. I I would
point out the definition does specifically mention table ser table and wait service in the definition of a restaurant. Correct. In your ordinance. Correct. [Music] Yeah. All right. Any other questions by
members of the board or Mr. Chairman? Mr. Dich probably a question and or suggestion maybe. I'm not sure if there is something a thing like you know stackable parking exists. So what I see visually there and even I do some math here. So there's 18 ft of parking space
and there's 22 ft left. I don't know if you could do you know car after the car and just you can't cuz you need that 22 ft to maneuver in the spaces. Okay. But just throwing an idea there because you know if you look at the employees of the restaurant right put the car there for 6
8 hours nobody's moving right. Well, well, the problem is too, if you do tandem, then you're then the spaces need to use the street to maneuver. Not a good situation, right? Okay. I I thought he was asking about stackers, but I don't think stackers are appropriate
here anyway because you don't want people, you know, that's that's attended parking. It's a whole different animal. I don't even think it's permitted. And that'd be another variant. I would send you to the zoning board then. All right. We're just trying. Yeah. Thank you. Thank you. Yep. Other other
members hearing and seeing none, the members of the public who have questions of the planning testimony at this time. I have one quick one. Come on up. Identify yourself and ask your question, please.
Hi, I'm Chrissy Greenwood. I live in the house behind. Uh my question just was how much higher is this building than the buildings that are directly adjacent to it because no you spoke about how many floors there were but from so we're in the house behind obviously we're
worried about privacy. Um from what we can see like we came to this board not long back to get the variance for the fence so that we wouldn't have anybody being able to look into our yard and then this is now going to kind of take over that. So, all of the businesses
next to it. I was just curious how much higher this building will be than the adjacent 56 buildings. The uh Sushi Crew is a one-story building with a peak roof. I don't think the attic is occupied. Yeah. So, it's not another floor, but and I'm without
going into the uh definition of building height, uh generally it's mean roof heights of the um of a sloped roof. Assuming that's the case, we're probably about I would say 12 to 15 feet higher than the mean roof
height of Sushi 2. However, we're no higher than the fire department and we're no higher than the twotory building really across the street. The fire I mean has a parking lot behind it, so I don't think that really has any effect on that. Um well, they're actually residences to the northwest of
the fire department area directly behind it. uh north I said northwest not directly behind it but in a parking lot doesn't provide any screening across the street from the and and up north a little bit. Yes. No, I do I do
understand that. But obviously if we're worried about it being residential as well, not just being like obviously the fire department and aren't in there all of the time as volunteer and it's not always manned. Um, there's obviously going to be people in those very high up residences all of the time. And again, I
think there are some twostory residential structures in the R4 zone as well. So, people on the second floor can look over a fence or bush. So, it's not it's not like we're proposing three stories or multiight in my opinion. But,
I'm not going to say that you can't see over the fence. Certainly not going to say that. Definitely. Definitely. Yeah. All right. Thank you. Yep. Any other members of the public who have question of the planning testimony at this time?
Hearing and seeing none. Uh councelor, you've got another witness that you're going to. Yes. I'd like to call Ali Salo, please. [Music] Can you please raise your right hand? Do
swear affirm the testimony that you're about to give will be the truth, the whole truth, and nothing but the truth. Yes, I do. Please state your name and address for the record. My name is uh Ali Salet. I live at four Roshan Court in Montville, New Jersey. And what's your relation to the
applicant? I'm the owner of the property. Okay. Good evening, everybody. Um, not only am I the owner of this property, I also own uh Kab Paradise, which is down the street. Um it's a much bigger restaurant
and uh a lot more tables than the u restaurant that we're talking about right here. U this location I walked by yesterday, there's four tables inside of the restaurant right now. U two of them are four four chairs each and the other two tables have six chairs each. Um as
of right now, the way that they're operating the parking lot that's in the back is used by the employees only. um majority of the customers that are coming in and out of this restaurant are parking on the street and they're not in there for more than like maybe 30
minutes or 40 minutes at a time whereas we have so many barber shops and salons on Beverick Road that maybe people going in there for multiple hours. Um so uh the street parking even right now where we have the road road work going on on
Beverwick Road uh we still have street parking available. on there all day long and we never have a problem parking. Um we have uh a parking lot at Kabal Paradise that we share with Howard's Bagels and we always have parking in there and we're a very busy restaurant
and so is Howard's. Um so I know we've been talking about parking a lot here. Uh but if we were to designate those parking spots to the residential units and how uh you guys propose maybe we do one parking spot each for the apartments, we would be okay with that
as well and maybe leave two more spots available for uh maybe a customer or you know employees. But as excuse me as far as the employees go, that one block or 550 ft, it's really not that bad of a walk.
Um that's my humble opinion. Okay. I've been informed that uh our zoning officer historically has enforced our rule with regard to whether it's a restaurant or not is if it simply has seating.
That's if it has seating, it's a restaurant. Period. No, you know, if it doesn't have seating, it can be a deli. Correct. So, it is a restaurant right now.
Good. Okay. Do that. The the se the seating that's that's in the restaurant there. It's two Say that again. It's two two tables with four four seats. So that's eight and then two tables of six. Six stops.
12 seats. 20 seats total. 20 seats total. Correct. Seven. And you plan on continuing just having those four tables in the f That's correct. The new restaurant. Yeah, we have there's no room. There's no more room for any more tables or anything in
there. Okay. So, based on that testimony, the zoning officers um rule interpretation on what a restaurant is, um in regards to the calculations, they would still be that
13 uh required spots. The ordinance says one per three seats or one per 75 square ft of the retail space, whichever's greater. So, in this case, it would be the square footage. Okay. and and our testimony previously was that the you
know that the requirement the spacing number under under RSIS there would be 10. So the that was using the one space per 250 ft. If it were the delicatesscent so the
requirement is 13 spaces either way you need the variance. Um it's just a matter of you are deficient nine spaces now where previously you would have been deficient six. So it's three space. So the varian the
variance would be for nine spaces because the zoning officer interprets this use as a restaurant not a deli. So we're not giving you the benefit of the 10 space. We're saying that you need 13 spaces. So the variance is just a little bit more intense.
Right. But again, our master plan assumed. Yes. Mr. Chairman, I do have a question of Christine. So, when you calculated the uh residential units, you use the town requirements. I use a town requirement. Two per unit. Yes. Under
the residential site improvement standard is 1.8. So, if we use the residential site improvement standards, it would be 12 parking spaces instead of 13. I was just curious why you chose to use the town requirements instead of the
RSIs since the RSIS has been a maximum. I I've defaulted to the the town at this point and and I'd like to add that this is actually and and it was agreed to that
it's actually two two family uh and that's not regulated by RSAS and that was our point in our letter why we asked the town code. It's not regulated by RFAS. It's two one family houses. So it m
um in municipal land use law RFAS would only be for three units or more. All right, counselor. answer that question. The um in your opinion is most is most of the I mean can you speak into the
microphone please? Sorry. Are the tables utilized a lot? Yes, there are seats there, but the the nature of the business is is uh is it is it mostly sit down? Is it mostly takeout? Is it mostly from the counter? I mean, the business that's there, like the restaurant right
now, it's only it's not even been a year um that it's been there since we took over Jeremiah's. Um it's not that busy. It's mostly takeout. Uh one side of the restaurant is more of like a ordering area where people are ordering, picking up coffee, picking up their food to go.
of maybe nights and weekends we'll have some people sitting down at the restaurant and eating but at that point all the hair salons all the nail salons um they're all closed at that time there's ample amount of parking on Beverwick road I've been on Bevwick u
for the last 21 years uh running and operating kebab paradise um I grew up in Lake Haywa a lot of my friends I went to school here in town and it's always been a place for people to come and eat and hang out and have a good time, go to the
ice cream shop, go to the pizzeras, and with you know, proposing that people could even park in the municipal lots. Let's just say if Beverick Road is full, that would be more beneficial to the other businesses in town, especially the cafes and the dessert shops and everything that are opening up in town
now. Um, so no, the restaurant is not that busy. It's very quiet. How many employees work on an average shift? Uh, three. Right. So, potentially we have spots for two of them and the
third could park in the municipal lot. Absolutely. Absolutely. Um, even my guys at Kab Paradise when they come in to work, I tell them I'm like, "Park across the street at the municipal lot, leave the parking lot open for other customers." And we don't regulate who comes and parks in our parking lot. I
know that everyone that shops in that area, they come and park in the Kab Paradise parking lot and they go to different places. They'll go to the hair salon, they go to the nail salon and you know it's a parking lot. People are going to use it. They park there for like an hour, hour and a half and then they leave.
So, okay. Any other members of the board? Any any questions from the public of this witness on this testimony? I'm Drew Wasalooski. Again, I just want to make a comment. His restaurant is
awesome. Love going there. I think the whole discussion is about Sorry, you have to use the microphone. You have to use the microphone. Sure. I think he's Everybody keeps talking about the restaurants. I want promote restaurants. I want to promote growth to the to the
town. The problem is you you he wants to uh you want to have the partners up there. And that's where the problem. You're putting two more paid people here and the parking we really need is Thank you. The question is again you want to do this there's still parking problems. You put it across the town wherever
there's still going to be parking on the street and I don't think that's a solution. I'm wondering how you can even figure that out and people aren't going to go there. And I don't understand how that that's going to work. I I love your restaurant. I love that you want to make growth, but I don't understand how you
can have the growth and have the people parking there. As I stated before, there's always ample amount of parking on North Bework Road. Um, at night time, especially after 5 or 6 p.m. when some of the businesses, the offices, they
shut down, there's much more parking there. And this restaurant is during the day, it's not busy. The most that we're doing is takeouts. People that sit down on Friday nights and Saturday nights, Bewick Road is completely empty, especially after 5:00 p. p.m. for
parking. Um, and 550 ft away, there is a municipal parking lot that other businesses will get the benefit of people parking there. Uh, it exposes their businesses and they can try out different stuff and so it makes a town um a little bit more u exposed to
everybody. You know, everyone gets to try everything. What are the restaurant hours? Um, here it's uh 9:00 a.m. until 9:00 p.m. Other members of the board have questions of this witness's testimony at
this time, Mr. Stanziel. So, you're you're not the operator though of the business. You just own the building. Is that correct? Correct. So, you you validate that he's got three employees on each shift. So he's running a full
operation from breakfast, lunch, and dinner straight across. So it's uh in the morning times they have a it's like more of like a cafe type of setup. Okay. And people are coming in and out. Um and then in the evening time they have uh
dinner. Okay. All right. Any other questions? Hearing and seeing none. I'm assuming there I think No, no question. Were there any other questions from the
public? Hearing and seeing none, the counselor, Mr. Chairman, [Music] Mr. chairman. Um we would also uh petition petition for uh um residential park if they give permits for our residents that live
there on uh one of the streets uh right off of Lake Shore for parking as well if it's possible. Sorry, what? I don't think we could do the the township doesn't offer residential permit parking. That would be something that would have to go to
the governing body to get approved. So the planning board can't stipulate to that. Okay. You could petition them. You could go to the township council and ask for an ordinance change. You could, but we can't tell you to. We can't make you do
that. We would certainly be willing to do that. Well, again, this is something we discussed in our master plan and decided not to do it. Yeah. So I agree.
My main concern is not the parking, it's the privacy and and of course the logistics. It's I I do believe the parking is not going to be an issue for the for customers. It's usually pretty easy and and this
does go according to this does follow the plan that we hope to see with improvement on North Beverick. I think there's ample parking. I'm cons a little concerned about the
the people that are going to be in in there. If they want to cars, they're going to have to find another place for their car. Having said that, my biggest thing is the privacy. There's no buffer back there. And I if it were me, I would
understand and and my yard was there. And I understand if if there's another house, it's the same thing. So, if you could do something that would really um help mitigate the privacy issue there. I mean, there's lots of beautiful
things I see happening in on buildings and the greenery makes a big difference and it's a shade, but that's my biggest concern for this is the the back of the building is 40 ft
from the from the from from the property line. I Okay. I mean, it's hard to tell when you're looking at these. It just looks like No, it's No, it's it's understood. Yeah, there was there was testimony as far as all the the and I I
understand. I still think that might be I don't know. I guess because it's been a people think apartment or they don't know the people if if it's a house you know your neighbor. It's it's I don't know. I thought the trellis was a good idea. I think it is a good idea with a climbing
ivy going on which we agreed to. That's we have no issues. Yes. Well, I I think that's if you reduce the spaces like Gordon suggest solution and and the and the trellis and you know we would if it wasn't made clear before as far as condition I mean we would work with the
town and we work with the board professionals as far as exactly what that trellis would look like what it would be what would what would it be comprised of uh right down to the types of plantings they use that that that would certainly our professionals would
certainly work with the board's professional as far as the design, the installation as far as exactly what that trellis would look like and be comprised of. Yeah, that would be good. And we could talk to the
neighbors, too. Um, okay. As you said something, it clicked something in my head. Uh-huh. [Music] So, I just took my floor plan on the second floor and I can manipulate this
little vestibule area and I can increase the window facing to the south, facing Lakeshore Drive as opposed to facing the residence to the east. I would still like to propose a small window on that side to cause ventilation, but I think
we certainly could do that. and it's south so it would nice for sun that's I know you're 80 well when we when we accepted the master
plan 20 or 5 years ago that was part of the discussion that there would be apartments on the second floor of restaurants and of course we we threw in the third I don't remember that third I remember the third floor I I don't remember that at all it's written I read
It's written there. Yeah, I don't remember. I got to go back and look at it. It was not It was not codified. No, the council didn't approve it. Okay. But I I remember the second floor. I was on the council. I remember the second is one thing. Third I said no. Yeah. On the
second floor and and that include if you accept that there's going to be apartments in the second floor of a restaurant, then there's going to be some question of where the windows are going to be. That's yeah. So we we
accepted that there would be some no third floor. So we would stipulate the reducing the window facing east to a single 3t wide window. No transom and we would add a window on the south wall of the living
room of unit one. I was going to say the transom doesn't get into anybody's privacy. You know you can keep the provide more light. and we'll keep the transit. You know, that's a deal. But no, seriously, we'll have the more of the glazing
facing south away from the rest. Thank you. Okay. So, I think that addresses addresses my concern. All right. Do you have anything? And that would be just that that would certainly be another design that we would work with the board professionals. Is that as far as exactly
what So, you agree to work with the board if we approve this tonight. You'll be working with the board professionals on meeting these requirements that our attorney is working furiously to figure out how to write up. That is correct. I I
uh Miss Stanley's chair before, so I know I I know how that I Yes, I know how challenging that is, but she's very good at what she does. That's but yes to answer your question yes we would work on the board for these conditions that we're talking about certainly work with
the board professionals as far as um satisfying there and the board's requirements well it's getting close to 10. Are you ready to sum your case at this point? Is it Have you presented all of your testimony? Yeah, I have no further questions. I'll
just ask and you'll be allowed to respond to anything that the public brings up as well. That does conclude our affirmative case. All right. If this this con we're going to move right now to ask if there are
comments uh or testimony from the public either in favor of or opposed to this application at this time. if you would like to come forward and make your comments or testify as to why this is
either good or bad. If you could come up, identify yourself, be sworn in because we're going to ask you questions. Sure. So, I'm sorry, just have to grab the microphone. Um, you can take the one Oh, okay.
Please raise your right hand. Do you swear or affirm that the testimony that you're about to give will be the truth, the whole truth, and nothing but the truth? Yes. All right. And please state your name, spell your last name again, and provide your address for the Drew Walooski, 161 Lakes Shore [Music]
Drive. Um, like I said, I before I'm a proud owner of living in Lake Hywa and now home there. I'm behind as well. But on the gas station side, um I have a quite a few things. Um but I just concerns.
Um Lakeshore Drive is a very busy street. I think everybody knows Lakeshore and also North Beverwick. You have the driveway coming in and then out of there. You have four, five, six people that are be coming out of there. Before there was a prior residence that
didn't have really much movement. Now they do. I think it's awesome. Now you have a restaurant and a uh uh tenants that are going to be up top which is going to be more movement and it's right by the gas station right by the fire department and it's going to cause a lot
more havoc and more um unsafe situations. That's my concern especially I have I have uh two children that walk my dog walk dogs around the block and everything and I want it to be a safe environment for them and this is just going to cause more problems. I I
believe I want to see the pro I want to see growth in this town, but I think you're trying to put too much in one area. It's already full and you're you and they said that there's no there's no parking in all these other places. This is a very unique situation in front of
the fire department. To the left is the gas station to the other side is the the the sushi place. There is nowhere for them to go for parking. Realistically, it sounds great to be walking down 500 ft or whatever, but that's not what's going to happen. People are going to
pull behind us and the streets behind and start parking and it's going to cause it's going to cause friction um because there's not going to be enough space in between because you have cars parked on both sides of the road and you got to get through. It's and um Ncomomas
on Ncomomas is the street I'm talking about right behind the the turn right here. um you're going to have parking on both sides and and there's going to be problems. The the the garbage trucks aren't going to be able to get down the
street and you're still going to need to do deliveries to this place. They need space and nobody's not thinking of all the traffic that's going to be going over there. There's going to be a lot more traffic and you're going to put apartment buildings on top. That's going to cause even more more complications. I
think it's great. have the restaurant, deli, whatever it is. It's not that busy now, but you're going to now you're putting a tenants there where you're going to add more parking, more problems, more complications. Um, that's really what I uh want to address. There's garbage.
It's going to add more garbage to the back of the store. You're saying parking, parking, parking. Now, you're talking about a restaurant and two tenants with garbage. Where's that garbage going? There's no room already. And and it's also going to smell even more. You want us as as people that are
living there to live there. We got to we have to smell it. There's another restaurant over there. They have a garbage can. We smell it still. The gas station. We smell it. We don't want anymore. We just don't. Um dumpsters. Uh I can't think of
anything at that right now at off the top of my head, but uh it's parking and I understand there's parking, but it's just you're adding more complication or more friction to everybody by doing it this way. If you just leave it alone, don't have apartments on top, it's not going to it won't cause as much
problems. And I think as a community, which we're talking about, I think we're willing to be okay with that. But you're just it's an infringing on everybody. And I don't think it's fair. I don't think it's right. So that's that's the best I can tell right now that I can get within time
frame that I had. Thank you. Is there other members of the public who have comments that they wish to make at this time? I think it's pretty much what you just talked about. All
right. [Music] So, if you please raise your right hand. Do you swear affirm that the testimony that you're about to give will be the truth, the whole truth, and nothing but the truth? I do. Please state your name, spell your last name, and provide your address for the record. Dian L S C A N I
E L L O 37 Ncomomas Avenue. I I understand that we've addressed the parking and that people have said that it's not a problem. As of right now, we are having a slight
issue with people who do go to the restaurant. And it is a restaurant, Llancha Restaurant. It's not a deli. That's what's written on the building. I understand there are other restaurants on North
Beverwick. I appreciate the fact that we are trying to revitalize that section of town because it has looked very dumpy for lack of a better word for all these years. I've lived here 27 years. The building aesthetically is
beautiful. I understand that. But now I live right across the street. Um, we do deal with at 2 and 3:00 in the morning waste management coming to pick up the dumpster. Now, we have a huge truck that
pulls into that driveway. It pulls straight in. Now, if you put the parking spots straight in, how is that truck going to maneuver to get that dumpster where you're situating it up against the back of the building? We also have the grease management which comes to pick up
the grease from the restaurant. They have a truck that comes in sometimes 3 4:00 in the morning. How are they going to maneuver coming in? If you have residential parking behind there, now even if you decided that you were only going to put one spot in there for each
tenant, where's that other tenant if they have a second car going to park? They're not going to go to the the lot by Minihana. Especially if they got groceries, they're coming home from work. They're going to want to park on
the Kobus, which is where we live as it is right now. We all not I realize it's a public street, but we've all been there for so long that everyone pretty much knows where they're parking on their street. There's families that have
children that have grown up now. They've got three or four cars to a household. They might have a car driveway that maybe fits two cars. Now you've got all these cars lined up on Nakcomus Avenue, both sides of Lake Shore. I'm getting
nervous. I'm sorry. No, you're good. Um, so this is our our our problem is that if say you have these apartments, they have a party. Where are we going to park? If we come home, if we go out for the day, we come home, we
have no place to park. What are we supposed to do in this situation? Um, the restaurant maybe isn't as busy as Jeremiah's used to be. Jeremiah's used to have parties. They used to have uh showers. They used to have craft parties
and whatever. That backspace used to be loaded and the overflow would go onto our street. So, these are concerns that we have. I mean, as residents that have lived here for a long time, I don't begrudge you trying to have a a a new
restaurant, having to make things look better, but it's not beneficial to us in some respects. So, uh that's where our main concern is. I mean, it's easy to say, you know, well, they have parking
in the lot here, but realistically, I go to the salon on North Beverwick. I hear from the buticians and whatever how they have to park over here where their customers can't find spots on North Beverwick during the day. There's uh I
mean, other places that people can park it just now. It's just crazy. But I mean, that's all I have to say. I just I just think it's not beneficial to us. So that's it. Thank you. Thank you.
Any other members of the public? [Music] If you please raise your right hand. Do you swear or affirm that the testimony that you're about to give will be the truth, the whole truth, and nothing but the truth? Yes. And then just state your name, spell your last name, and give your address for the record. Okay. Greenwood. G R E
the microphone. Oh, G R E E N W O O D 172 Lake Drive, Taiwan. Okay. I just want to say thank you for listening to us and and hearing our concerns and like trying to work with everyone. Like I understand what
you're trying to do. Everyone like the restaurant like I we don't like hold any ill will. I do have like some obviously like concerns considering we're like right behind it. I'm a little concerned just like safety wise just because like in that intersection like I know like I
when I come home like there's the buses and like it just it does get very crowded over there so I'm a little concerned safety wise and like I understand like it's a public street things are going to happen with the parking like parking is always going to be an issue. Um, however, just with the
inflow of traffic and with the buses that we have stopped there and all the other trucks, I'm just concerned on how congested that's going to be in terms of like I think Drew already mentioned like it seems like there's accidents there all the time. Uh, and I appreciate like uh Mr. Hernandez saying about the
privacy concerns like it does like directly overlook our our um like private spaces, right? Like I understand it's a public lot, but like we we came here to ask for like a bigger fence because we didn't like how open it was. Um and you granted it. Thank you. And now it's like I understand you're saying
there's other buildings, but we are the only there's three um backyards there that directly over would overlook that area and it looks in it and if there's if it does get improved, there's some sort of way that it could please respect just like the people who have been there and who have
lived there for a long time, it would be appreciated. Um, but those were just the only things I just wanted to highlight, please. Like the safety and like the privacy of like the residents who have lived there. Um, it seems like just of a concern. Thank you. Okay. Anybody
else? Councelor, do you have any response or questions? Uh, actually, actually, I do have a few responses and I may I may have some questions to all of my witnesses. Um the first comment I would say as far
as uh uh as far as the unsafe comments uh I understand safety on properties. I understood whether they be commercial or residential and I and I appreciate and I I appreciate the concerns about those and the the unsafe envir environment
appears to be uh caused by the additional cars that will be parked on the on the site. But we're talking about the addition of two one-bedroom apartments. We're talking about a maximum traffic being added by those of
four cars. And you could certainly make an argument for a one-bedroom, it's possibly that it might even be only one car or for for apartment. So, the the concern about the additional traffic um if we're talking about four
cars, it's not a significant increase in traffic. I'm not a traffic expert. I don't intend to represent as one, but it's certainly not an intense uh traffic situation. And to the point that one of
the members of the public, and I thought it was a good one that they made about Jeremiah's, Jeremiah's was a catering hall where there were a lot of people there at one time. They were they they they had parties, they had gatherings, they there there were large gatherings
and even there were even gatherings say after school or during afternoons at that time. That point that point is well made about that. This is not a catering hall. This is a this is a restaurant that my client had testified that has
that would have a maximum of 20 seats. The the business right now and will likely continue that way is that it's mostly going to be carry out. It's mostly going going to be takeout and there are tables there and I understand
I understand that the uh parking requirements are based upon the are based upon the number of seats your zoning office your zoning officer has has made that that call. I wish the zoning officer were here to hear the testimony about the use
of the restaurant here. Is that and I think I I think the call as far as the it that is just blanket restaurant. I think that disregards the testimony that was provided this evening. Uh
nonetheless, uh it's a much less intense use than it was Jeremiah's. And I would even offer my office used to be in Montville back in the day and I would go to Jeremiah when it wasn't a catering hall and I would pick pick up uh pick up a sandwich and go back to the office. In my
experience, I always parked on North Beverick and I never had a problem. And this was during this was during lunchtime. the the the part and the to Miss Winter's point, another good point is that it's deemed
that if the parking lot is within 1,000 ft, then it's walkable. The parking lot on the corner of Minihaha and and uh and North Beverick is, as I said, 550 ft. It's one block. Granted, it's a long
block, but it is one block. And for the other businesses, the there was a public a me one of the members of the public uh the woman just said that there were there were complaints about other businesses um as far as as as far as far
as l lack of parking. Well, the businesses to the north of us are even closer to the public parking lot. And the complaint by the member of the public was that there was no parking on North Beverick. If there is no parking by that use,
which is not our use, it's not in in front of us. Well, those businesses, the salon, the barber shop, they're closer to the municipal parking lot, much less than 550 ft. So, there's there's that
parking lot uh that parking lot can serve all of those businesses. And Mr. Garrett had testified that he went to the went to the lot today. noticed that there were 31 parking spaces and that 14 were being used in and I think including
a few school buses on there. So I think the testim I think the testimony is clear that there's there's parking available on the street. There's also parking 550 ft away uh at the municipal at the municipal parking lot. And the
concern about the public is that there's going to be additional traffic because of the apartments. It's a maximum of four cars and they're residents. Maybe they go to work in the morning once and maybe they
come back once during the week. Yes, they'll probably run errands on the weekends just like just like we all do. But that traffic load does not compare to what was at Jeremiah's or what was the catering hall previously. It's a
it's a it's a less intense use. Now regarding to the privacy and Miss Hernandez, it's a very good point. It's just that you you know we're we're we're Yes, we're adding height to the building and and neighbors would be
concerned about that. We recognize that and we're going to reduce the windows and back to one window and we're going to add the trellus. We we we agreed to that. We agreed to that. And probably just as important is that
what the board seeks or what the board professionals seek for those conditions, we'll work with the board about that. I know I'm repeating myself, but we will work with the board to to uh to satisfy those conditions to the satisfaction of
the of the board professionals. And Mr. Chairman, you made you made the point about the master plan, and I thought I thought it was I thought it was instructive as far as in the master plan seeking some additional uses or
something maybe a little bit different um on to on uh um on North on North Beverick Road, whatever those new uses are. And we've seen it tonight, it always comes back to the parking. It
always comes back to the parking, but but a use like this where we're adding on two onebedrooms is really almost as less intense than you possibly could as far as changing an existing building and the
apartments are a conditional use. We comply with all of the conditions. Uh it's it's m it's a much less intense use and for and everyone and everyone said they they really appreciate they really they think it's a beautiful building. It
really is. It's a it's you look at it and it's and it's striking. I think for North Beverick Road for Lake Hayawa Wah to have one of these buildings like this aesthetically aesthetically pleasing building, then
that's that's where that's where the benefits outweigh the detriments for this application because it's a less intense use with the with the with having one bed onebedroom apartments, two one-bedroom apartments.
We're not changing the footprint of the building except for the 27 square foot square foot bump out. Um the height it the height is compliant. Um if if the if the township in its
master plan and the board in working and approving the master plan seeks to have a different use or something or something maybe a little bit extra if you will on North Bever Beverwick Road.
This is really the ideal application. This is where you add on two apartments to only only two one-bedroom apartments. Um, we've also agreed to where we were talking about two spaces for each resident and we'll go to one if you
wish. That's uh so we're we're we we think this is the type of application u Mr. chairman that the that that you were discussing that that you've been discussing over the years that that the uh the town is looking
for after um re-examining its its master its master plan 5 years ago. And again, I I stress for all the conditions that we've agreed to, we will certainly work with the board professional to make it work.
We appreciate the the public's comments as far as privacy and security. We think we've addressed those. And um those those are my comments. All right. I guess I have 30 more seconds.
Can I expand that one more time, sir? Just just I mean this is 30 seconds and I'll be done. This is unconventional. be up to you. I'm just referring back to what he was
saying, which please tell us what you're thinking. Again, Drew Walus 161 Shore. Jeremiah's was only on occasion. This is going to be every day. This this this business and this situation. It's going to be an everyday situation. Last is not only
those tenants, it's not just them. They have families as well. They're going to need to park if they do. Usually, that's what happens. and they're not in they're minimizing it but there's going to be other people as well and and we're not thinking about that as well and that's got to go somewhere too I just want to say because
Jeremiah's did have it but it was on occasion once a month this is going to be every day thank you thank you for your comments I appreciate you guys for listening I apologize for being I'll add one more comment Mr. Mr.
chairman and it'll be brief. The restaurant use is a permitted use in the zone. All the discussion as far as the garbage pickup as far as that you can likely move the dumpster clo at the back of the building closer to the edge so the truck
wouldn't would barely even have to go into the into the driveway. If it had to go in the driveway, then yes. We've also uh we've also and asked for the variance for a six-foot fence because we thought a six foot fence would adequately screen
the enclosure. And I can't stress enough the restaurant use is a permitted use as far as the garbage pickup, as far as the grease pickup. It's like those are all normal events that have to do with a permitted use, the restaurant use. Would
would the applicant be open to um making sure that the grease and the garbage pickup are during normal business hours because there was some testimony that they're late at night? Yeah. Could that would you agree to to do that? It's I mean from my
understanding um I've been doing this for over 20 years. It's usually after 7 a.m. and before 5:00 p.m. It's never during the middle of the night. Okay. Okay. Well, just we'll that's okay. Okay. Yeah, we we would agree. I'm just
saying that cuz I have the microphone. Okay. And that's your case. Yes, it is. Mr. Chairman, the public has spoken. Mr. Kangiano. Yeah. I just have two housekeeping items I wanted to bring up. is one of the trellis that's being
floated around. Um the front yard setback is 10 ft off of Lake Shore and you have a maximum height of 4ft height for a fence or wall in the front yard. Um we're not asking
for any relief at this time. So it's for the board. if they want the fence to be 6 foot high uh within that 10 ft, it' be best to ask for it now. Yeah. And then the other the other comment again just the board Mr. Smith floated the idea of
uh a couple of the parking spaces to be used for um nonresidential purposes. I just ask that that gets discussed and resolved. So when it goes to resolution and the professors got to review it, we know what was approved.
So thank you. Good points. Points well made. Yes. All right. So, we we would need to know what the trellis height and the setback would be. Is that what you're saying? The trellis height I I would recommend that it be 6t in the front yard setback
so that you could have a consistent 6ft height uh trellis along that property line and not have to have it staggered at 4ft height for the first 10 ft and then bump up to 6t. I would I would suggest it be 6' high trout for the the
length that that is acceptable. We would agree to that and the board would have to grant relief on that. That would be an additional How high is the residential fence? And we're going to have a trellis smaller than that. That doesn't make any
sense, right? that the truss should be 10 ft or 12 feet. Otherwise, it's not blocking anything. He's right. Yeah, that has to be that. So, we need they need a variance for a They'll need a variance a 10 foot tr
over anything over 6 ft. Right. Right. cuz the first 10 ft were within the front yard. So that would only be permitted at 4T and past that would be permitted at 6 feet. Okay. So we could say asking for a variance for the trellis for anything over 4 ft in
height. Um and they're going to be working with the board professionals to make sure that that's an appropriate height. Make a suggestion. I don't think the 10 ft within the front door setback is really going to make a whole lot of difference. 12. No, no, not start the
trellis 10 ft back from the front property line and then we'll build a higher trellis. I don't think there's any I don't think there's a benefit. In fact, I don't know that I really want a 12oot element in that front yard. So, I think you should start have the front yard set from there. It's only in that
back corner front yard anyway. It's on Lake. It's a lake shore on Lake Shore cuz it's a quarter lot. Oh. Uh oh. But where they're concerned back suggest we start it at the front there. Set back and go back. Set back. I
agree. Right. Okay. He said 10 feet. We got that in there. Oh. Oh. Oh. Oh. They were in a conf. I'm suggesting we start the trellis 10 ft back from Lake Shore Drive so we honor the front yard setback on Lake Shore Drive and
eliminate that variance. Um, I don't think there's a real benefit to going right up to the property line anymore. I don't even think it's a good idea to be. No, it would be the sight distance. Yeah. Okay. Yeah. So, I would start. So, you're Yeah. Okay. They're talking about
set back, not height. And I would think 10 foot is probably structurally an appropriate height. And it'll also get growth above that fence, the existing fence. Yeah. Their fence is their their fence is 6
feet 8t 8 ft. Their their fence is 8 ft. You're only but they came to board of adjustment. You're only gaining two feet. Their property sits down. Their property is lower. Lower. That's true. I guess I should point out.
Yeah. I uh maybe 8 ft on the other side. Well, yeah, I think there's a portion that may be 8 ft, but I think there's a portion of 6'2 based on it doesn't matter. We'll be higher than the fence. Place I can tell you their
exact approval. What? I can tell you their exact approval. 6' high fence, 5ft solid, and 1T lattice, and a 7 foot high solid fence. their their property is on a grade. So they got
multiple Yeah. heights. Okay. And that's what it looks like in the photograph. It would be 3 ft high. So we're saying what 10ft fence? 10ft trellis. 10 foot trellis. I'm a little concerned about 12 ft just from the
structure. Okay. Can't be massive. Okay. With the wind we've been having. Yeah, exactly. You'll need relief for anything over 60. Understood. Well, if it's a lattice trellis, oh my god, that plants would grow through, you would have some airflow, you would, but the vertical
struts are going to be a problem. Okay. I don't think again, I'm envisioning more like a wood or a a wood like composite trellis. I don't want to start putting steel in there. I don't think anybody's going to want steel right now. They have a white fence. Okay, fair
enough. All right. So, this finishes the evidentiary portion of tonight's hearing. It does. Yes. And again, that's that we would include that the 10 foot requirements as far as if we we could add that that we would require that for
a variance variance as all right. So, I'm going to ask for the sense of the board. Do we want to move to a resolution? Do we want to have a a conference and discuss this? What's what's the board's
pleasure that Mr. Chairman, may we comment on what we've heard? Absolutely. May I? Coming up North Beverick Road, this would be a great improvement, but and there's always a
butt, two additional apartments is going to ex exacerbate the parking situation. expecting people to park 500 ft away in the middle of the winter, especially seniors. They're not going to come to this restaurant. They're going to go to
one even closer to the parking area. I cannot support this application. That's it. Thank you, Mr. Chairman. Mr. Neely, any other comments? Is there a resolution that somebody would like to make at this
point in time? Take it. Do you want me to go over the conditions? Uh, if we can go over the conditions before before we have the actually, Mr. Chairman, the the park the parking would be the parking for the
employees. I know, Mr. Okay. I just wanted to So the the parking is the parking is the parking in terms of the potential customers. That's not going to change at all. Agreed. Okay. So my notes show that these were
the conditions that were discussed and agreed upon. um that the applicant would comply with the engineer's recommendations to repair and extend the sidewalk along um both frontages to comply with the board
engineer and board planners recommendations as discussed [Music] tonight to decrease the width of the parking spaces to was it 8 and 1/2 ft? Yes. Width. Um so then an additional the trellis
could be added along the parking area to she as a buffer. The residential window in unit A would be reduced facing east and then would be increased facing Lakeshore Drive and
interior blinds would be installed. The trellis would be added um with plant plantings that grow vertically um and the trellis would be 10 ft high. The applicant would coordinate to
relocate the entry door to the restaurant um and would install One Street Tree on Lakeshore Drive um in coordination with the township that the applicant would agree
to assign two spaces for residents in the parking area and then leave the other two unassigned. or for employ employees. And then should you reward that to say one
parking space per apartment? Apartment. Yes. Yes. [Music] Okay. Um the applicant is willing to go to the township council to request additional residential parking permits for residents. Applicant will work with
the township and board professionals for the trellis design and landscaping. Um I discussed the window. The applicant will agree to ensure that grease and garbage pickup occur during normal business
hours and a variance would be required for the trellis height over 6 ft. So I think that was everything. So one clarification. Yeah. So two parking spots will be assigned to two
units. One each. One each. Yep. So what happens to other two? Are they open to general public or they are assigned to employees? I think that's what it signed to employ. It was employee parking. Employee parking. Okay. And that's basically the way it was
working already. Yeah. Okay. Correct. Based on Mr. Salah's testimony. Yes. So even if you had a handicapped person trying to find a space, they wouldn't there wasn't going to be one there now anyway. Right. Okay.
So, all right. With all of those conditions, is there somebody willing to make a motion? Mr. Chairman, Mr. Dich, wait, wait, wait, wait. Mr. Dich was not here for the first witness. Okay. So then
we turn to this side. All right, I'll do it. Mr. Chairman, I'd like to make a motion to approve application number 24504 FC Real Estate Group LLC 44 North Bever Road, block 531, lot 11, uh, zone
B5, preliminary and final site major site plan with C variance for construction of a two uh, secondstory apartment units over a restaurant with all the conditions laid out by our attorney. Second. Nora, would you call the role, please?
Diero, yes. Hernandez, yes. Millie, no. Math, yes. Shaw, yes. Stanziel, yes. Dmore, yes. Motion passes. The motion has
passed. And is there anything else that needs to come before the No, but I'm thinking, you know, that this has happened and then whether it's the North Beick Road beautifification project that I know they're just doing the roads now, but this is going to come up more and
you know, I'm going to find out if the traffic the township and the traffic committee can look at some of these areas when they do the complete do the streets. Maybe the lineage the lines need to be made so it's easier for people to drive and cross without
absolutely physicists happening I feel for these people you know but it is zone for that and that's what we want to do that's what the master plan said we were going to do so yeah and it's two apartments two onebedroom apartments
already a lot of trucks more professionals. Thank you very much. Thank you very much for your time this evening. Oh, it's exhausting. Did you used to be a precipitate policeman? No. Is there a motion to adjurnn?
Motion. Okay, just All right. I've got a motion to to adjurnn. Is there anybody opposed?