on record. >> Okay. I'd like to call to order this meeting of the uh Paripony Planning Board minor site plan and subdivision committee. Uh announcement is made that adequate notice of this meeting has been given and that is being conducted in
accordance with NJSA 104-66 of the New Jersey Open Public Meetings Act. Roll call, please. >> Mr. Jich, >> here. >> Mr. Millie, >> here. >> Mr. Npalitano >> here. Chairman Matt >> present. >> We also have our board planner, Miss
Winter, our board engineer, Mr. Kangiano, and our board attorney, Miss Brown. >> Okay, I'd like to stand for the pledge of allegiance, please. Pledge algiance to the flag of the United States of America and to the republic for it stands one nation under
God, indivisible, with liberty and justice for all. All right. This meeting is open to the general public. Does anyone have any business to bring before this committee that's not on our regular agenda?
Seeing none, uh, seeing hearing none, I will we'll move on with our first application. Application number 24 517. Mr. Tomakian, the floor is yours. >> Thank you, Mr. M. Second Tomakian from Law Group on behalf of the applicant.
uh operating at Raven Kop House. Uh to my right is Maddie Kazani, the owner, and to my further right is Bamead, our site engineer who progressive plants. Uh we're here this evening to ask for minor site plan approval to allow the reestablishment of reuse of picnic
tables that were used during the uh co era for outdoor dining in a gravel area immediately outside the restaurant which is on uh on be in Taiwa. Um, we've received uh and reviewed the board planners report uh all of them and we
received Mr. Kiano's update report and we are we can comply with all of their >> actually before we get into that I think we got to deal with some waivers. >> So um Miss Winter. All right, we we have a few um most of the waiverss are
related to it being an existing site and that uh there are only the minor changes involving the the tables. So for appendix A um we have from number 12 for either a letter of interpretation
exemption um or an application made to the D in regards to wetlands. Um number 16, the Highlands exemption determination. We did receive an application and they are not increasing the impervious coverage. So there's no issue there. On
form three number seven uh is the zoning district in which the parcel is located in the zone district of adjacent property with the table indicating all setbacks, lot areas, lot widths and depths, buildings and purpose coverage, building heights, floor area ratio and density uh both as
required and proposed. Um, this is really the only waiver we had a issue with. Um, as part of uh resolution compliance, assuming that this is acted unfavorably, we would like to see a zoning chart included.
>> I'm sure we can put them together. I mean, again, if I can just there's no like physical improvements. There's no plumbing. There's no electric. There's no construction. There's really no nothing other than dragging the picnic tables from the periphery of the property back into active use, but I
believe we could put that together. Um, there is an older site plan uh that we could probably that would probably help repair that, but that shouldn't be up. >> Okay. Um, also we have nine, location of existing easements. 10, location of
natural features. 11 contours determine natural drainage. Um, 12 post spot elevations. 13. Location of existing buildings and their setbacks from property lines. 14. Floor plan of existing and proposed buildings.
16. Existing and proposed signs. Uh just confirm that there are no changes to the signage proposed. Existing uh 18. Existing and proposed utility service. 19. Existing proposed storm drainage design and improvements.
20. Existing proposed site illumination. 21. Location description of the existing proposed landscaping. 22. Soil erosion and sedimentation control plan. Uh 24. Location design of solid waste
disposal containers. 26. A written description of the proposed development. 27 temporary contractors structures. Uh 28 a traffic study. 29 environmental assessment report. And 30, the tree
protection and removal plan. As I said before, most of the other items are just related to it being an existing um site and big wall changes. >> Yeah, we would ask me because again, there are no changes really. >> So, Mr. Tom, just so I understand, all
you're going to be doing is moving picnic tables to an area designated site plan. No actual physical improvements. >> All right. Anybody can I have a motion to approve the waiverss? >> Mr. Chairman, a motion to approve the waiverss as noted.
>> Seconded. >> All right. Um that's we have a motion and a second. Any discussion? All in favor? >> I I >> I >> thank you very much. Um in this report, they did ask for something she did ask for some uh testimony to be brought
about the operation. So that's why I have Medie next to me. Can you describe to the board either sworn in it's about not a hearing hearing? >> We'll get we'll get you sworn in. If you please raise your right hand. You swear affirm that the testimony you're about to provide will be the truth, the whole truth, and nothing but the truth.
>> Correct. >> Please state your name and spell your last name and provide your address for the record. >> Medie Kazarani. Last name is K A Z E R A N I. Address. My physical address of the restaurant. >> Just your business address. All right.
is 450 North Bear Road in particip. >> Thank you. >> Can you just give the board an overview of the existing restaurants, the indoor operations, what your hours are, the number of employees, that thing, and then talk about how many tables will be
outside, how what your hours will be for the outside part of the restaurant, seasonally, etc. >> Business is open uh 7 days a week. Uh we operate from 11 till 9 and on the outside we do have eight
tables of uh picnic tables at se4 per table. >> Um and what when do you plan on operating the outdoor >> during the same hours? Uh hopefully between the hours that the restaurants open between the 11 till 9.
>> In terms of seasonal since it's outdoor we're not operating in January. >> No. Correct. given the yeah seasonal it's probably going to be during the uh spring summer season >> and was did you operate these tables during under the special permissions that were granted during the co
pandemic? >> Yes. >> And in your experience did you have any issues operating those tables for outdoor dining? >> No issues uh because we do have a back uh exit from the restaurant too. So it was very easy going in and segmenting from the back and no no issues.
>> Okay. And other than did I accurately describe that there's no further improvements proposals? Is all that stuff accurately? >> Correct. >> Yeah, Mr. Han report has any questions as to the operations, how would the picnic table operate? Be happy to answer any questions yet. And then we're going
to have Mr. Zad talk about just >> Okay. Anybody have um Dr. Ma? >> Yes. Um, so this is mainly counter service and then you take your meal to the picnic table or is it um served by employees? >> Served by the employee.
>> Okay. >> Okay. Um, Miss Winter, anything. >> If you address those questions I have. >> Sure. Mr. Really? Do you have a sufficient amount of lighting to take care of when >> there are uh three existing flood lights
on the existing building that it's on a uh timer that kicks on uh you know once it gets dark out? Yeah. Suspicion. >> And do you plan on having like little battery operated battery? >> Exactly. Little lanters on the tables just to give it a little
>> and we had I think a different sets of plans. Did you plan on having a tent or some sort of covering? >> Originally, that's what it was, but no, now we're not. Uh, we're just going to comply with whatever requirement is. Yeah. >> Move it on.
>> And Bob is here to talk about it's a plan, but he can answer any questions on that. So, without further ado, I mean, >> wait, I Mr. the politician. I'm good. >> Mr. Kangiano, anything any question for this witness? >> I'm good. Uh if you guys want to go
through the letter that would be >> okay sure and Mr. each. No question. >> I mean question but I don't know who who is this for. So I can ask and then >> go ahead and ask if it's >> a couple of questions. One, so there is no tent or anything. I got that. But is there any fence or anything around that area or fence?
>> Already there has its fence in the back and then the bank or the right it's all fenced anyway. >> All okay. So that's one second. I know it's it's kind of obvious but let me just ask anyway. There is no cooking or you know that kind of thing in the outdoor area, right? It's all inside in
existing location. It's all that type of thing. It's only cook and bring it serve it outside. Okay. Thank you. >> And you know on the big one on mine is the fire department circulation >> and we received an approval.
We got an email. I'll pass this to you if you want to mark it but an email that the fire department sent to Nora. that they're okay with it. Again, the table with that. >> They all have a copy of that. >> Yeah, the tables won't be uh if the fire
department if they need to get around the tables are set further far enough away from the the side of the building that the trucks they won't be watching. You have a copy. >> Yeah, we have a copy of the email. >> And then, you know, Andrew, you know,
going through your July 29 report, did you comply with everything during compliance? >> Okay. Yeah, there was a minor storm water um uh for for the for the gravel area that >> and the bomber address is. >> Okay. >> Well, if before I forget, before we have
bomb, you know, since it's we're kind of nearing the end of the real summer and to the extent the the committee is inclined to approve this, we would ask if the committee would approve to we uh if you could wave reading the resolution to allow them to pull those tables out
and start using them this weekend if if possible. Again, it's because otherwise we're going to have to wait a month for the resolution and compliance and the zoning permit, etc., etc. So, if if the committee is amendable to us just starting a little bit earlier than usual because again, there are no permits.
There are no electrical, there's no anyway. So, if >> the only suggestion I would that um there's a license required from the township, >> we get we get >> that that would >> Yeah, we' previously got one during the co era, but we'll get it. Whatever. We'll get it. >> Yeah. I'm going to have to defer to Miss
Styly on whether we that's even doable. >> Yeah. So, I think that would just be at your own risk and you'd work with the township to sit um to get whatever license you need and then you know how the board will have voted tonight. Um if it's approved with
the conditions, you'll just have to comply with that and then that's that's at your own risk. >> Thank you. Again, if the committee is available for >> and if you can make sure you speak with the zoning department. >> Yeah. >> Yes. Would you? >> Yes. Because yeah, we'd rather
Jennifer's thumb. >> All right. >> And then my other question is, will there be outdoor heaters if you're going to be in the spring or the fall? >> No. >> No. Okay. >> So, it really is rather dependent. Um,
okay. Um, if Bman could be sworn in, Mr. >> Please raise your 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 and spell your last name and provide your address for the record. >> Sure. Good evening. My name is Bamani.
I'm with development engineering as a principal of the company business 75 partners. >> Can you repeat your name and spell it? >> Sure. Bam. Baman is spelled as B A H M A N. Last
name I Z A D M E HR and the name of the company is Development Engineering which is on the site plan. >> And your license is current and in good standing? >> Yes. >> In New Jersey. >> Now, you've heard all the mediev
testimony. You've heard my statement. Is there anything you heard this evening that's inconsistent with your understanding of what's needed to allow these picnic tables to be put back in? >> No. Yeah, as you elaborated, the picnic tables were out there. We're going to
use exactly the same picnic tables. So, they have the experience they had no issue whatsoever for the last four or five years when they were out there till like last I believe last April. So, the only thing that I would refer to Mr. Andrew's um comment about the
drainage, it's very very minimal. I mean, this gravel has been there for 5 years. We haven't seen any drainage issue whatsoever. And as a matter of fact, next to it, there is an existing catch basin for the
shopping center. So I believe the drainage system which was designed and approved by the board back when this shopping center was put together, it's of sufficient capacity to handle this small >> area of the ground.
>> And Mr. Zmir, would you be amenable to working with Mr. catch on specific completely satisfied that there's no offsite impacts or or detrimental impacts to storm water. >> Of course. Yes. >> And you're confirming that originally the the design had a tent which would
have created a more concentration. >> That's correct. Yeah. I mean the gravel we we still consider 40% you know void uh area. So it's not like 100% impervious but it still is some sort of impervious but uh it's been there. It's
been there for the last five years that we have this should work. >> So we will >> Yeah. So what we'll ask it's it's it's since it wasn't there in the under the prior approval. >> Yes. >> Um this would be an increase or change of coverage. That's correct. You know change of existing conditions. Um just
follow the minor storm water uh and and whatever uh nominal change in in in runoff that would be we ask that you you address it under under the rules of the minor. No problem. >> By all means. >> And that's pretty much the extended
chairman. I mean, it's it's a it's about as simple as an application as this committee is likely ever to hear. >> All right. I've got two quick questions. Um first, the um 22 spaces you say you require for seating. Does that include the outdoor seating or is that just the indoor?
>> It includes the outdoor seating as well. >> Okay. So, that's So, you >> But I just want to add Mr. >> Your Park is compliant. That's that's like >> Yes. Same customers who are coming inside they will be choosing either outside or inside. There will be no additional customers >> but there's extra seats.
>> Extra seat of course >> and that's how our ordinance works. It doesn't care about customers. >> That's correct. >> We did we did account for the extra seats but I'm just saying in reality you won't see >> additional customers. >> And just a minor because it I don't know if it matters but Mr. Admir
>> you made some statements regarding the drainage for the original site plan. Did you review the drainage study for that? >> No, I did not. >> So, that was really just net opinion, wasn't it? >> Uh, I'm sorry. >> So, what the opinion you you said was just net opinion. >> That's correct. >> All right. Thank you. >> But anecdotally, you've been working
with Has there ever been a drainage issue? >> And I'm quite familiar with other other shopping centers. So, usually we we have a factor of safety when we design drainage system. So I based it on that factor of safety that it will be it will
have enough capacity to handle this 200 whatever square foot of wash gra >> also let it go down parking even though we have parking. >> Is there any issues with availability of parking on that shopping center? >> No, it's at 70% empty. Every time I go
there, >> there is barely anybody parked there. >> Kind of sad. >> Yeah, kind of sad. But I mean that basically shows that our parking ordinances are on this on the conservative side, you know. >> Okay.
>> Well, do you have anything else you want to add to the committee? >> No, this this is a very simple application and uh um if there are any questions, I will be more than glad to answer, but I hope this committee will look at this favorably and approve this for this um
good business. >> Um Mr. for Keniano. Any questions? >> No. No other questions. >> Miss Styling? >> Uh, no. >> Miss Winter, >> I just have one more operational question. >> Is there going to be any music outside? >> No. >> Okay.
>> Not me if you tipple, but no, that's not Let's not get into that. >> No weather dependent, right? >> Yeah, >> exactly. >> Does any board members any last questions? >> All right, seeing none, u Mr. Tom Blackian, do you want to summarize or just >> Yeah, this is a very simple application
for reminder center plan. Again, we appreciate the committee's time with doing this. Um, we're really just reestablishing what was happening during CO. It worked well then. Um, but we're here. It's the formality of getting this committee's approval to allow the use of the site plan in this way. So, we would
ask the board to really look upon. >> All right. Do any members of the public have any questions for any professionals so far? Um, okay. Any members of the public have any statements either for or against this application that they'd like to make? Seeing none. Oh, wait. Is that
somebody? Oh, no. No. Okay. See, seeing none, I guess we can move ahead. Um, I'll entertain a motion to approve this application. >> Mr. Chairman, >> a motion to approve application number
24 col 517 Rahoon 450 Node Bever Road block 481 lot 34 minor site plan for permanent outdoor seating as based on the conditions we have so far >> and the conditions were a um agreement to comply with the board planners and
the board engineers reports update the zoning chart the site plan to include a zoning chart um and to work with the board engineer to confirm the storm water runoff impacts. Um >> and then just otherwise comply with the
township licensing requirements. >> Okay. Do I I have a motion and uh any do we have a second? >> Second. >> Okay. We have a motion to second. >> Nich, >> yes. >> Millie, >> yes. >> Yes. >> M. >> Yes.
>> Thank you very much. Motion >> is approved. Okay. I'd like to entertain a motion to adjourn the minor site plan committee. >> So move. >> We don't need a second for that, do we? All in favor? >> I. >> Okay. Thank you. Have a good evening, everyone.
>> 10 minutes. >> I'll see you next time. >> All right. You're on record. >> Absolutely. >> Okay. I'd like to call to order this uh meeting of the Pipony Troy Hills Planning Board. Announcement is made that adequate notice of this meeting has been given
and it is being conducted in accordance with NJSA 104-6XC of the New Jersey Open Public Meetings Act. I like to uh I guess roll call first. >> Mhm. Mr. Dich >> here. >> Mr. Dpiro
>> here. >> Councilwoman Hernandez >> here. >> Mr. Millie >> here. >> Mr. Math >> present. >> Mr. Npalitano >> here. We have our board planner, Miss Winter, our board engineer, Mr. Kangiano, and our board attorney, Miss Brown. >> Okay. Like to stand for the pledge of
allegiance, please. >> I aliance to the flag of the United States of America and to the republic for it stands, one nation under God, indivisible, liberty and justice for all. Okay, this meeting is open to the
general public. Is there anybody from the general public who has any business before this board that is not on our agenda tonight? Please step forward, give us your name, and tell us what >> Oh, could you speak into the microphone,
please? Camille Pesha and I'm here uh representing my neighborhood in Lake Paripany. >> Could you provide your um spell your last name and provide your address please? >> P E S C E 11 Murray Court for Sony.
>> Thank you. and I will presenting and speaking to a petition that the whole neighborhood of my neighborhood signed in regards to the housing and fair share act that was approved back in June 25th by your
committee. >> Uh actually we're a board not a committee but >> board. >> Okay. You'd like Okay. Well, I'm sorry. You have a petition that I'm sorry I didn't catch. What What was the >> I'm here to read.
>> Yes. No, go ahead. Yes. Thank you. >> Do you want me to do it now? >> Uh >> before the agenda items. I mean, that's fine. >> Yeah. And this is to the council and to
Mayor Barbario. But this this letter is from the residents of Murray Court, Glchester Road, Reval Court, Hollyy Road, and Elmwood Drive, all located in the Lake Paripony neighborhood. We are appealing
to you to allow for a residential development on 7 Century Drive as an alternative to the warehouse KRE who owns the empty facility otherwise plans to build. We had several meetings during
2024 with KRE. They were good neighbors to us for many many years. I lived there for 27 years and they were wonderful neighbors. And we met with them during 2024 which they initiated
regarding their plans for the future of their property which is directly behind my property 20 ft away 30 ft away from my property. Initially they came to us with a warehouse plan which we know they can
build after the recent resoning of 3,5 and 7 century. But after hearing our objectives objections and ideas for the property, KRE finally agreed to pursue a town home plan instead and to submit
that plan to you for inclusion in the town h the township's next affordable housing plan. We understand that KRE did submit a 57 unit townhouse plan and we
were disappointed to learn that 7th Century Drive block 202 lot 1.5 was not included in the township's recently adopted housing element and fair share plan.
The neighborhood is adamant that a townhouse home development at 7th Century Drive is much more suitable to our neighborhood and preferable to every
single owner in that area. We want to maintain a peaceful quality standard of life that we have now. Putting a warehouse up 24/7
all night long, bright lights, noise, refrigeration would make us very, very unhappy and stressful. And that's why I'm here tonight to plead to you for reconsideration.
We understand that without residential reasonzoning, and I was part of that overlay, a I went to all the meetings. I know what went on. I remember when the council approved it. KRE, the owners of this property, which is commercial, will
move forward with their warehouse development behind all of our homes, directly behind our homes. They would be visible to our children and grandchildren's bedrooms. Clearly
visible. We do not want a warehouse. Please reszone consideration given to 7th century to allow for this residential town homes that we all agreed to. We like I said we had several
meetings with KRE and they were wonderful about our considerations which they included in the plan and we saw the plan and actually some of the meetings uh Mr. John uh Eosino was a part of and
it was there the meetings were wonderful. So this came as a shock to us. Now I looked at your video from your June 25th meeting in which you adopted the proposal and that was a pre a a
wonderful presentation by the gentleman. I have to say it was very comprehensive. I really understand what's I think I understand what we can do. There are still unmet needs. There are still changes that can be made. There is still
the initial deadline of August 31st. We implore you to move forward and seriously reconsider 7th Century Drive to not become a warehouse, but to be put into the
affordable plan will be put into a reszoning plan. Whatever is amendable to to you and to the mayor. That's why I'm here. So, I'm opening up this. >> Okay. Well, >> representing the residents, and this was
only >> Yep. >> Well, thank you. >> We went out and got the petition signed. I have four pages here that was just signed by me walking around my block. >> Okay. Um, thank you. Just out of curiosity, Nora, did get here an application already for Seven Century
Drive. >> Uh, are they I think it was five. No, that >> Camille, are you attending the council meeting tomorrow? >> I will. >> I will do it. >> I'm just wondering because you you
mentioned you had that letter and >> Yes. >> I was looking for actually. >> Yeah. You need to reach out to the council. >> I don't think so. to mom's. >> Okay.
>> We're just checking if we've actually >> seven >> seventh century drive. >> No, we did seven campus. That's what it was. >> Seventh century was submitted. >> It was >> I already submitted it as part of the uh plan.
>> So, we had application to the board. There's not yet there's not been an application to the board at this point, Nora. Is that what you're saying? >> Okay. So, you actually have the ability when we hear the application to come and state your objection on the record in terms of changes to the plan. Yes. I I
think from what I understand you council may be your only recourse at this point. >> My only >> maybe not the only recourse, but the recourse. Yes. >> Okay. So my next step is representing not Kayori representing the residents of
Lake Symphony go to council meeting tomorrow night. >> Correct. >> Correct. >> Okay. >> All right. >> But thank you for your time. >> Thank you for listening. >> Appreciate it. Thank you. And ma'am just just to let you know that
in case it is you're not successful the when we hear an application even if they want to build warehouse they have to come before this board and get approval which means specifics about lighting and other issues are debated by this board. So if everyone if your neighbors are
concerned that is a good time for you to come express your concerns and we can often see what we can do to help appease that. Sometimes that could be screening or other things if you end up in that circumstance. >> Okay. And how would I how would we know
because I would have been to the planning meeting and planning board meeting on the 25th of June if I would have known. We thought we were going right directly to reszoning, but that's not the case. How would we know? I know I called Nora up a few times and asked
if we were put on the agenda at all. >> Well, >> and now I understand why we weren't. >> I don't know the specifics of any of that. What but what I can tell you is that um the if there are variances needed for the application, notices will be given
to all property owners within 200 ft. That's a requirement before an application gets heard before us. And you can check our website. The agendas are up on the website, I believe. >> I do. I do. >> And just look for Seventh Century. >> Just look for Seventh Century Drive if
we're ever hearing an application for it. >> But if you miss it, that then you're out of it. I understand that the agendas don't come up to the end. But um again the I was at all the meetings for the overlay 8 and I recognize some of you
the overlay 8. So the KRE building went ahead through the overlay 8 and is now under that warehousing and that's why we want to reszone it back so KRE can go ahead and do what they want to do
uh for their property. it's their property and uh it's important that that happens. But now that it's overlay 8, it opened up warehousing. >> Well, that's in the hands of council right now. Unfortunately, we we have to live with the zoning. We make recommendations. They control the
zoning. >> KRE went ahead and submitted the application for the housing for fair share and it was one of the ones that were not approved and I understand there were others that were not approved. Mhm. >> Isn't there an opportunity now by your
board since there are unmet needs to >> So any of these other applicants, Carrie, could submit an application, but right now, like you said, it's zoned for warehousing through the overlay and also the underlying zoning still applies.
So if they wanted to today submit an application, they would be going to the zoning board instead of our board, the planning or use variance. They do have that option. Okay. >> Um, >> that's good to know. Thank you. That's very important. >> Yes.
>> So, there is that option because to my understanding now with the Mount Laurals trying to meet their >> requirements >> that the chances of us getting it that way would be very difficult because there's so much
>> going to the zoning board is a more difficult path because it's a non-permitted use. Um, but it it doesn't mean that they can't pursue it. >> Okay. Yeah, there's >> Okay, that's good. >> All right, let's move on. Any other
members of the public with any other business not on our agenda tonight? All right, seeing none, let's move on to resolutions. We have four resolutions. I am advised that since we heard them all on one night, we can approve them as one big block. Does anyone have any
objections to that? >> All right. Can I uh entertain a motion to approve our resolutions? >> Mr. Chairman, uh motion to approve following resolutions. Um for application number
25508, application number 19513, 169 Lacawana Avenue, and then four ghetto drive. Um I think that's it. Yeah. Okay, we have a
motion. Do we have a second? >> Second. Mey. >> All right. Any discussion? >> Okay. Nora, can we have a roll? >> Yes. >> Hernandez? >> Yes. >> Mey? >> Yes. >> That's it. >> All right. Motion approved. Thank you.
Okay, let's move on to the rest of our agenda. Application number 25509, Dave's Hot Chicken. Good evening everyone. >> Good evening Mr. Sermana. How are you? Doing >> very yourself?
>> Good, thanks. Okay, good evening. Uh my name is Mark Somarero Law Firm Somarero and Farnney on behalf of uh Paripony DHC LLC. Uh this application relates to uh a spot
in the Troy Hill Shopping Center uh located at 1123 Route 46 block 729 lot 7. Uh the property is located in a B1 commercial zone and the applicant is looking to construct a
Dave's Hot Chicken restaurant uh in a space that was formerly occupied by two businesses. Uh one was Sports Clips, which was a hair cutter, and the other was Berry Bowls. Um and again, that's a permitted use. The
restaurant will be approximately 1945 ft. The only exterior changes that are proposed are signage and then the placement of a walk-in cooler in the rear of the building along with uh some
uh bins for the storage of uh cooking o uh oil. Uh none of the uh exterior uh proposed additions in the back uh are creating any additional impervious coverage nor
are they encroaching on the 50 foot rear yard setback. There are a few variances that are triggered uh by this application. Uh and there are a number of uh pre-existing non-conforming uh conditions. Uh parking
uh we are >> actually before we get into that I we have to go over waivers. So >> uh with our checklist >> we yeah we usually as our process we go through waivers first. >> Sure. Um, so on appendex A, uh, there's a request for
a waiver for the certification of tax paid. We have this meeting scheduled, so I'm going to assume that they've been paid. Um, number 13 was a copy of any protective covenants or deed restrictions
uh, on form three. Number 11, contours. Number 12, proposed spot elevations. and submission of site photographs number 31 on form three. Um, as an existing site, we really don't have any objection to these.
>> Okay. Any can I have a motion to approve the waivers? >> Mr. Chairman, a motion to approve the waivers as noted. >> Okay. Second. >> Second. Thank you. >> All right. Any discussion?
All right. All in favor say I. >> I. >> I. >> All right. I >> waivers are approved. Now, >> thank you, Mr. Chairman. >> Um, so, uh, with that understanding, uh, there, uh, are some, uh, pre-existing
nonconformities on the site. Uh, with respect to parking, uh, relief was previously granted for 1,025 spaces. uh previously uh the uh parking demand uh
I apologize existing. Yeah. So there's uh,025 spaces and we're not changing that. Uh parking demand has been uh lowered because of the change in use from the demise premises. So even though
we're not uh altering the number of parking spaces on site, the demand is being lowered. So parking is uh closer to conformity than uh the board had previously approved. Uh with respon uh respect to the sign, uh 58 ft is
permitted. We're proposing 71.8 ft. Uh so we need a variance there. uh rear yard setback. Uh relief was previously granted for 43 feet. It was a 50 yard setback. We're not changing
anything that impacts that and none of the improvements that we're suggesting are even within the setbacks order. Uh we're not affecting that whatsoever. Uh same holds true with previous coverage. there is a pre-existing non-conformity
relief was previously granted for 86.3% when 80% is permitted. Uh the outside uh uh structures that uh we are uh uh seeking approval for here today are overexisting impervious. So we're not
adding to impervious coverage. Uh we had uh made our initial submission on June 10th and supplemented that with some submissions on June 19th. I have a few witnesses here this evening. Uh we have our uh
proprietor, our a representative of the Anton group uh which uh is the owner of uh the applicant and we have our engineer who will speak uh to uh the site conditions and signage and we have
our planner to discuss. >> So with your permission I'd like to call our first witness. >> Sure. >> Go ahead. Yeah. >> Thank you. I'd like to call him Mr. Ahmed Patel. If >> you please raise your right hand. Do you
swear affirm 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. >> Amid Patel, P A T L uh 1882 North Gate
Road in Scotch Plains. Okay. Uh, Mr. Patel, could you please explain your relationship to the applicant? >> Um, I'm one of the uh members owners of the entity. >> Okay. And that's of Paripony DHC LLC.
>> That's correct. >> Okay. And uh can you please explain uh the nature of the business? Uh it's a uh fast casual uh chicken tender concept. Um that's we're very simple menu. It's chicken tenders.
>> And is it a sit down restaurant with takeout as well? >> Uh yes, but it's or counter service. >> Okay. And Parcifany DHC LLC. Is that uh an entity that exists solely for this location or do they own other locations?
>> No, that's solely for this one. Okay. Uh you also have a relationship with the Ampel Group, correct? >> Yes. >> Okay. And uh in that business uh could you explain the nature of the business of the workplace? >> Uh Ample Group is just a management
company that handles our office infrastructure uh HR facilities and construction accounts accounting um all that marketing uh to handle for all the restaurants locations that we have. and
they just collect a management fee to manage the restaurants and and that's it. >> Okay. So, this uh restaurant isn't your only restaurant that you're involved? >> No. >> Okay. Could you explain to the board uh how many years you've been involved in managing restaurants?
>> Uh coming up on 20. >> Okay. And do you currently manage any other uh Dave's Hot Chicken locations? >> Yes. Uh we have four current operating locations with uh three others coming down down the roads.
>> Okay. Uh now the approximate square footage of the location >> this one or in general this one here. >> This one is uh 1950 roughly. >> Okay. And uh how many seats are proposed? >> Uh I'd have to look again, but around 30
31 32 something like that. >> How about 39? Okay, that sounds reasonable. >> I'd have to look again. Sorry. Yeah. >> Okay. And uh what are your proposed hours of operation? >> Uh 10:30 to 11 every day.
>> Seven days a week. >> Yes. >> Okay. And how many shifts do you uh anticipate >> over the course of the week or per day? >> Per day. >> Two to three. >> Okay. >> Three on the weekend, two on the weekday. >> Okay. And how many employees do you anticipate having per given the maximum
number of employees for a given shift? >> Um, a dozen. >> Okay. And uh what type of deliveries do you uh anticipate receiving at this location? >> Us receiving? >> Yes.
>> Um it would be from our food supplier. Um okay. That that's really it. We don't. And yeah, we've got a produce and food from one per one supplier. >> Okay. And how many deliveries do you anticipate uh per week? Is
>> uh two on average when everything gets settled. >> Okay. And when do those deliveries take place? >> Overnight. >> Okay. And given the design of the uh proposed uh location, uh where would you anticipate those
deliveries being made? In the front or the back? >> Back. Okay. Um, what about uh cleaning supplies and whatnot? What type of supplies do you use to to take care of the interior of the premises? >> The interior? >> Yeah.
>> Uh, the standard uh MSDS book that we have that uh, you know, has the chemicals that we're allowed to use as part of the brand. >> Okay. And uh, are those cleaners uh, for the most part cleaners that people could all use in their their households as
well? Yes. Yes. >> Okay. And uh what about trash removal? How is traval proposed to be handled by the location? >> Uh there's shared bins in the back. >> Okay. Those are existing bins that have
been uh provided by the landlord >> uh by the vendor that the landlord uses for the trash. Yes. >> Okay. And uh how frequently uh do you know how frequently uh waste gets picked up from the location >> currently? >> Yes,
>> I would say twice a week. >> Okay. And uh is there any uh anticipated increase in the volume uh of of garbage that will be generated at that location as a result of your operations? >> Yes. >> Okay. And uh will that be able to be
accommodated with the existing tax? >> Yes. >> Okay. We they would increase number of pickups. >> Okay. And uh you've already discussed that with the landlord >> and uh those uh the increased pickups will be three times a week >> uh three four depending on need. Yeah.
>> On need. Okay. Now uh have you been familiar with this shopping center uh before you uh most recently consider it for your location? >> Yes. >> Okay. And uh over the years, have you had an opportunity to observe uh how much of the parking lot has been
utilized for the existing shopping center operation? >> Yeah. >> Okay. And how about recently? Have you also made those observations? >> Yes. >> And uh do you anticipate there being sufficient uh parking for the needs of the restaurant? >> Yes.
>> Okay. Uh no concerns at all? >> No. >> Okay. >> But but this witness isn't a parking expert. >> I'm not. But ju just from business experience, just from that standpoint >> and and and to that effect, your other Dave's Hot Chicken locations, um are
they of similar size? >> Um a little bit bigger. >> Okay. >> Yeah. >> And uh and how long have you managed those? >> That uh this particular brand, we are now in year three of development. And
and during your three years experience and knowing how that particular brand operates, did you become familiar with what the parking needs are? >> Sure. Yeah. >> Okay. And uh based upon that, do you is that one of the factors you consider in
uh providing your own opinion as to whether or not there's sufficient? >> Yes. Okay. And council, we do have our engineer who will uh further extend. Um Okay. Uh, I don't have any further uh questions for this witness.
>> All right, Miss Steinley, anything? >> Um, could you speak a little bit about the cooking process? Is it just friars? Is there a grease trap? How's that cleaned and taken care of? >> Uh, yeah. So, we do have an internal grease trap that'll be inside our space
in the floor. Um, it get it's um it'll get cleaned out probably once a month the size that it is. Uh from a cooking standpoint, yes, there's um chicken fryers and then there's uh fryers special uh specifically for
French fries. Um and that's it from from that standpoint. There's no microwaves or anything like that. Um bun toaster. Um it's really it. >> Okay. >> You good? >> And any other exterior lighting or just
whatever is existing? >> Yes. Okay, those are that's everything for now. >> Miss Winter. >> No, I don't have any questions. >> Any board members have any questions? Actually, Mr. Kiana, do you have any questions first? >> Okay. >> Any board members have any questions?
>> All right. Thank you. >> Thank you. >> Thank you. >> Uh the next witness uh I'm going to call is Sandy Kosa from Bowman Engineering. If you 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. >> Please state your name, spell your last name, and provide your address for the record. >> Sandy Kosa, Ko Za, I'm at 425 Commerce Drive, Port Washington, PA. >> Good evening, Sandy. Um, could you
please give the benefit of your education, training, and lure to the board? >> Uh, yes. I have a bachelor of science and a master of science from Penn State from 2000 and 200 and uh 1998
and I am been a registered professional engineer in the state of PA since 2004 and in New Jersey since 2008. I mainly work in uh the traffic department at Bowman. We were formerly McMahon. So I have over 25 years of
experience at the same company and I primarily deal with uh private development, land development reviews and uh traffic studies, traffic signals, parking demand studies as well as queuing studies for fast food restaurants.
>> Okay. And your license is current? >> Yes, it is. >> Uh and uh you testified before this board previously, correct? >> Uh yes, for the same site. Okay. And you were accepted as an expert at that point to find this will be correct. >> Yes.
>> Okay. So I submit Miss Kos as an expert in the field of engineering and traffic engineering. >> Okay. Any any questions of anyone? All right. Thank you. >> Thank you. Um so Miss Goza, you were uh retained uh
and your company was retained uh to uh provide uh a site plan as well as an analysis of uh the uh sufficiency of parking at the site. Is that correct? >> Uh yes, we were hired to do both of those items. >> Okay.
And uh in so doing, did you familiarize yourself with the site? >> Uh yes, we did. We actually visited the site on a Saturday in May. >> Okay. And you had indicated to the board that you previously worked with respect to the site as well. >> Yes, back in 2023.
>> Okay. And at that point in time, was the site substantially similar to what it is now? >> Yes, it was. >> Okay. Could you explain uh what uh the uh existing conditions on the site are? >> Uh in regards to just our parcel or the overall
>> the the overall shopping center. >> Right. So, we're looking at a little over 20 acre site out here. We have about 211,866 ft of building coverage on the site, which includes the out parcels as well as the main shopping center building out
here. And we actually have some vacancies in terms of the berry bowls not being there right now. Um, the Phoenix salon is under construction, soon to open. And um most of the other shops out there are
open and operational since 2023. There was a gym that was replaced by the floor and decor. So that has been a change since uh the last time we were out here. And looking at this site, it's generally the same in terms of the number of parking spaces that are provided on the north side of the development.
Other than that, nothing has really changed out there in terms of the overall building layouts. >> Okay. And the shopping centers uh just just shy of about 200,000 square feet. >> Uh yes. >> Okay. Um and with respect to uh the
existing conditions on the site, are there some existing non-conformities for which relief was previously drafted? >> Uh yes, there are. >> Okay. And uh was the fear setback one of them? >> Yes, that was one of them. It's 43 feet
back behind where the target building is. So that's located where their loading docks are at the southeast corner of the target building. >> Okay. And does this application involve anything that exacerbates uh that uh that setback?
>> No. Everything that we're doing is outside of that setback area. >> Okay. And uh were one of the uh prior uh areas of uh relief granted impervious coverage? >> Yes. And we are not changing anything related to the impervious coverage out
here in order to put the walk-in chiller out there. It's basically impervious replacing more impervious. >> Okay. And uh the existing impervious is about 6% higher than uh the max permitted in the area which was 80%. Is
that right? >> Yes, that's correct. >> Okay. And uh with respect to building coverage, was that a pre-existing non-conformity? >> Uh yes, it was. >> Okay. Um now uh the footprint of the building is not being altered in any way. Correct. >> No, the overall footprint is staying the
same. >> Okay. Uh but we are adding a cooler uh in the rear and we are proposing uh some storage for uh grease in the back as well. Correct. >> Correct. >> And uh as you had alluded to a moment
ago, both of those uh the cooler as well as the storage areas are proposed to be placed on existing impervious coverage. Correct. >> And outside the 50ft setback area, right? >> Yes. >> Okay.
>> Now, um the engineer had uh posed a question regarding the existence of monitoring walls in the area where the cooler was proposed to be installed. Is that right? >> Uh yes. >> And did you have a chance to look into uh what would be done with respect to
those monitoring? >> Uh yes. through coordination with the land board. They've reached out to an environmental firm and basically there is a monitoring well in that general area where we're proposing to put the concrete chiller pad and they are drawing up some plans to relocate where
the monitoring bell I believe it is will be relocated to pipe to a different spot. They said they've done this in the past with other sites where this has come up. >> Okay. So we are proposing to leave the wells unaltered but the manner to ex access them will be shifted from uh to a
location that's not underneath the proposed tool. Correct. >> Correct. >> Okay. And we're willing to accept that as a condition of approval. >> Yes. Correct. >> Okay. Uh now uh in uh preparing for this uh
application uh you had uh saw a a possible issue with respect to the storage of uh the oil in the rear. Correct. >> Uh potentially. We weren't sure if it needed to be enclosed in any way or if there needed to be some type of
screening around that that area. >> Okay. Um and uh if if the board does consider that outside storage then we we may need variance relief from section 430-9A. Correct. >> Correct. >> Okay. Um and uh could you explain what
the uh what what would be stored in that? >> Um it's it's basically containers in which one container they're done in pairs. So, one container is for the used dirty oil that comes out of the store and then the other one is for the clean oil that will be going back into the
restaurant for use. >> Okay. Uh, and if as a condition of the relief of the board wanted to see that screen, is there any prohibition any problem with screening it? >> No, I do not believe there would be any issue back there in screening that. >> Okay. And uh the configuration of the
rear of the building uh in that area is the area where those uh that storage that storage project is proposed to be located. Is it the closest part of the building
to the property line in the rear or are there other portions of the building that are closer? >> There are other portions of the building that are closer. >> Okay. And do you know by how approximately how many feet uh this area
would be set back from uh the uh 43 foot area that was previously uh granted a variant? >> It's well outside of the 50 yard setback. I do know that. I don't know the exact measurement. >> Okay. Um and do you uh perceive this
having any sort of impact to the rear of the property at all? >> No, it should not have any impact to the rear of the property. >> Okay. And it will impact parking or vehicle travel at all? >> No, there's no parking back there where it's proposed to be located.
>> Okay. Now, um could you uh discuss parking uh the existing conditions and proposed conditions? >> Uh sure. Um our existing parking supply is going to stay at 10:25. Um what's changing is the amount of
required parking that we need to have on on this site. So before there was a v a variance granted to allow 13 uh 70 parking spaces and now with the change in use um we're looking at a required
parking of 1364 out here. So we're not anticipating any increase to the required parking or the relief that we're seeking. And in calculating uh the parking demand, could you explain for the proposed condition? Could you explain to the board what you did?
>> Uh yes, I I actually can. Um we actually have a figure that's on one of the boards and I have handouts if they want to see them. >> Sure, why don't we do um Was this previously provided or
>> I do not think so. >> Okay. So, we'll >> make this A1. >> Yes, please. >> You guys want to Thank you. >> Yep. >> Yes, sir. >> Ready?
Oh, yeah. Okay. >> Yeah, we can leave the board behind here. >> Okay, sure. >> Just A1 with today's Okay, briefly uh explain to the board what you did. >> All right. So, we went out here on a Saturday afternoon just to get an idea
of what the parking demand was out here currently because it had been a few years since we were last out here. So, what we did was we went around to each of these zones that are marked. We divided the property up into various zones and we counted the number of spaces that vehicles were parked in each
one of these zones. So when we did that, we were looking at a parking demand of 294 spaces, which means there's actually over 700 vacant spaces in the parking area right now. Where we are located is shown also
on that graphic. Um there's a little symbol there for the Dave's uh hot chicken. And we're actually in front of zones five, six, and seven. And the actual demand in that area also has gone down significantly since the
last time we were out there. And it is now has a combined demand of 95 spaces in that area. Um >> and and that's based upon the particular use in that location, correct? >> Yeah, that's based upon the uses in that
location. And then there's a parking supply in that area of 407 total spaces. So again, in that area alone, there were 300 empty spaces out there. And then basically, if you were to add in um cuz
it's not just the days. So Phoenix Salon obviously wasn't operational. So we have their required parking on the parking chart chart as well. And then we also there's a Kabachi restaurant as well that is also vacant that is supposed to be coming in that received zoning relief. So they also have a parking
demand and a required parking in that same area. So between those three sites, we're looking at 144 additional spaces needed. But because we have 312 vacant spaces in that area, we believe that there's going to be sufficient parking for all three of those uses in that
area, as well as the existing on-site uses that are using those parking spaces. Is there anything else you'd like to add on that one? >> Um, just in in comparison, if you're just looking at the two parkies that uh the two little spaces that were the Dave's Hot Chicken was going into, the
Daves itself is required to have um 16 parking spaces out there. Whereas those two prior uses, the Berries bowls and the sports clips, they were required to have 33 parking spaces. So the required parking in that area with the combination then of combining those two
uh spaces actually reduces their parking required parking just for that those two spaces by 11 spaces. >> Okay. So um just to to lend a little clarity uh to your testimony, you went out and did a a parking
analysis with respect to what was being utilized and based upon that you concluded that there was ample available parking. >> Yes. >> Okay. And that was peak time on a Saturday. >> Yes. This was between uh 2 and 4 p.m. on a Saturday. >> Okay.
And with respect to the testimony you had provided before this was marked as an exhibit, you had indicated that the gross parking demand of all the uses in the shopping center currently were six including ours and including the two
uses that are online to currently being under construction. It's still six spaces less than the parking demand and the parking table. Correct. Correct. >> Okay. Um, now based upon your analysis
of parking demand and parking utilization, do you have an opinion as to whether or not there's sufficient parking at this location to accommodate the proposed restaurant? >> Yes, we believe that there is sufficient parking in the overall center as well as directly in front of the where they're
proposing to build the restaurant to provide them with adequate parking. >> Okay. Now, um, we provided testimony before we got into parking about the cooler and about the the storage area for the oils.
Uh, and those were plotted on the site plan that was submitted by your company as part of this application. Correct. >> Correct. >> Okay. Would you be able to just walk the work through an explanation with them quickly? explain where they're located and what
the cost. >> This is in our set. >> Okay. So, we don't need to mark it. >> Okay. >> We can mark it if you prefer, but this >> this is the same. This is the one that's dated May 14th, 2025 with no revision.
>> Yes. >> So, we're good. >> Yeah. The more we mark, the more Norah has to store. It's not It's not a good thing. >> Okay. Could you walk the board through just a brief explanation >> emphasizing where the location? >> All right. So, we're on the south side
of the center at the rear. So, where we are in there is we are kind of in the center area there next to to where the Smashburg >> You need to pull the microphone closer. >> We're next to the area where the existing Smashburger is as well as the
proposed Phoenix salon which is being done. And then there's a Michaelels at the end. So we're about four or five stores into the center right in that area coming from the west or from the east rather. The outside and the interior part of
this is mainly staying the the same. The only thing that's changing is to the rear of this and it's actually and I what I want to say is the south west corner of where this building is. There's where we're proposing to put the walk out chiller which is on a about a
100 square foot section of concrete. >> Okay. And where is the oil proposed to be stored? >> The oil is a little bit to the east of that and it's also in the back area and it's about looks like it's about 30ome
square ft. >> Okay. And and uh what does the equipment that stores the oil uh how is it configured? It's actually um they're they're bins is what they are. >> Okay. >> So, they're just storage bins. They have
a cover on. They're locked up and the employees come out. And I think uh Aette might be able to better No. >> Nope. >> Um they're actually >> So, you have to come up to the mic. >> Come up. >> Mr. Do we have permission to go a lot of
sequence so we can >> uh just the tanks are actually piped hard piped to the fryers. So no team members actually touch the oil. It's pumped out and pumped in and when a truck comes to either fill up or remove.
They put a hose up to the tank and it sucks out and pumps uh clean oil into the clean tank. Um so nobody ever opens a lid, nobody ever touches the oil. It's very clean and and safe in that regard. >> And how often is that oil?
>> I mean, that's on usage, but it's they're like 1,200 gallon tanks. It's a little while. It's maybe a week, week and a half, something like that, depending on volume. >> Okay. >> Um,
>> like this tall and this wide, this square fuel. >> I We have the uh >> And there's two of them. Yes. Is it clean and dirty? We do have the cut sheet for it. So, >> and we actually have, if you want to see what it looks like, we have a handout
for that that shows what it looks like. >> Oh, I see. Okay. Yeah. I was looking for >> How much >> How much does this store,00200 >> Okay, >> I'm looking. >> Sounds like a lot.
No, but I think we're checking if we have an ordinance about fuel storage. This I I get that it may it may trigger it. >> Yeah, we were trying to find if there was a code ordinance related to it and we really couldn't find anything. The
closest we came was some type of underground like grease storage trap for what some of the other restaurants do where they store it underground and then it's pumped out. >> The question mark is we have questions for like storage for fuel for emergency generators. I don't >> that would be the only thing analogous
and there's certain areas that protect it. There's a limit. >> I don't see anything. >> Well, since we're interrupting, I have a question, too. >> Um, the used oil, is that sealed or is there is there a possibility of odor
emanating from >> No, >> from the used oil. >> No, >> it's sealed. >> It's sealed. >> I can show you with the >> Sorry. >> Yeah, I can see the enjoyment, but I want to know if it was sealed. Thank you. >> And just to be clear, this thing was not
shown on the site plan. Not shown. >> No, it was not shown on the site plan. It was on the floor plan, >> the the architectural furniture plan. It was shown on the furniture plan. >> Okay. And I'm going to mark this as exhibit A2 because I don't think this was previously provided.
>> Sorry, Dora. What was that? >> He tried. He's wearing >> blue. >> All right. So, it's still can't smell. >> I'm good. >> Just what we need. So where we left off was where the storage the oil storage isn't shown on the site plan
>> but the dimensions are provided on the architectural plans. >> Yes showed architectural >> drawing but not on the the site plans. >> Okay. >> And and where they're shown on the architectural plans that's consistent where they will be located.
>> Yes, it is. >> Okay. Yeah. So, as a conditional approval, we could bring the site plan up to speed with a little bit of architecture. >> Yes, we could do that. >> Thought there was some kind of like a
2,00 2,000 gallons. Right. It's analogous to it though. Fast. Upgrade fuel storage 2 gallons. >> It looks like whatever limit we do have in our ordinance would be was 2,000
gallons. >> Um, so this is >> 1300 gallons. >> What? It's how much? >> 169 gallons. >> Oh, it's only 169 gallons. >> So, you're well under that. Um I think
the question is whether or not it needs some sort of uh fencing or screening. >> Yeah. Or ballers or something to protect it from. >> Yeah. Yes. And >> I might recommend ballers. >> Ballers would be recommended. And will it be on Well, let you finish your
testimony. I'll have a few questions on it. >> Thank you. I believe right now the plan is just to put it on the existing asphalt out there. If we need to, we we could replace that asphalt with the concrete, which is what they're showing to potentially replace it with on their
spec sheet. Again, it would just be impervious replacing impervious in that same general area. I will admit this isn't my strong suit in terms of these containers, so that might have to come back up just in case.
>> Yeah. So, I mean, bottom line is that it it wasn't shown on the site plan. You'll need to update the site plan um to show the detail of of what it is. Um the concrete pad for it. I would recommend a concrete
pad. The asphalt's in horrendous condition and it is sloped and it would need a concrete pad. Um I also would uh recommend Bage just to protect these structures from anyone backing into them. Um, and again all the dimensions for it. Uh, show the dimensions, show
the detail properly. Um, and there is an electrical panel on the back of the wall there. I'm I'm looking at it. It seems like it's going to be clear as electrical panel, but show the detail of the any any equipment that's out there on your
site plan so that it's clear. >> Yes, we can definitely update the site plan to show all that, including the electrical connection out there. Just one little specific request. If this comes up a lot with the diesel tank fuel storage, there's usually secondary
containment of some sort. If you're going to build a pad, can you build a trough in case there's a leak to catch the oil before it hits I80? >> Oh, I think we could definitely >> build something around there. >> Yeah, you're talking about some type of
lip or something. Did you put in some kind of like trough or something to catch >> in case it's in case it leaks? >> And uh >> I I would >> Mr. Chairman, we certainly would stipulate to that and I would propose
that if if we get to the point where uh an approval is contemplated that our engineer will work with the board engineer as to uh the specifics with respect to the pad in the trough. >> One issue with the trough though, it will collect storm water and then you
need a way to drain. >> You're you're right, Andrew. You're right. >> Typically a roof on them or some kind of structure. Um could you provide information on if this thing needs any kind of or has any kind of dual wall or any kind of containment on that as part
of your uh resubmission? >> We can provide those types of details. >> This this that you gave us this is the exact thing you're going to have. >> Yes. >> It's 4 in thick. >> Yes. >> That's pretty thick. I don't think it was enough going
anywhere. Okay. Um >> and it's your understanding that you're proposing uh to have these things external to uh the lease promises because we don't have enough room to to maintain these things interior. Correct. >> Uh correct.
Um we did uh receive uh a comment letter from the board engineer and we reviewed uh two comments uh that he had made uh with respect to the uh the site plan. Correct.
>> Correct. Cuz the first one was related to the wells and those valves that were shown on the plan in that general area where the chiller is going to be located. And then >> this was Yeah. And then this was item that we just talked about with the outdoor storage tank here for the oil
was the other area that was mentioned in the review letter. >> Okay. >> Okay. And and all the testimony you gave here this evening, you maintain those opinions uh within a reasonable degree of engineering certain. Correct. >> Correct. >> Okay. I have no other questions for
this. Okay. Um, Miss Styley, any questions? >> I guess would you be are you okay with complying with the recommendations and comments in the board engineers report
and as stated today? >> Yes. Uh I I well I think that we addressed it all through testimony and those are the only two questions uh that he had made and the conditions in paragraph number nine will gladly uh
accept. Um there was one other thing that I'd like uh this uh uh witness uh to provide testimony on and that's just the dimensions on the signage that's proposed for the facade. Um so Sandy uh the only signage that we're proposing on
this location is a single facade sign. Correct. >> Uh correct. That's that's exactly what we're proposing out here. >> Okay. And I know that we had uh submitted uh details on the signage for the board's consideration. Correct. >> Uh yes, we did. And there's a blowup of
that detail that was provided in the plans. So, we kind of combined the two so that we have some overall dimensions here. >> Okay. And can you please uh uh advise the board as to what uh signage you believe is permitted as a matter of
right with respect to sign? >> I believe um by right it's 50 square ft >> 58 >> 58 ft I'm sorry. >> Okay. And what is our proposed signage >> with the combined uh graffiti panels and the actual Dave's uh hot chicken sign?
We're looking at an area of 71.8 eight square feet. >> Okay. >> So, sorry, we don't have this in our packet. >> Um, it's part of the overall land development plan. Um, >> very bottom
in there. >> The one plan here says 83 ft. >> That was what it was. >> Okay. So, now we're down to 71. >> Oh, that page. >> It doesn't have the um graph in the >> Yes. And they actually calculated it as I believe on there. There's reference to
68 something. They forgot to include the area in between the two existing panels. If you go to the page that has the graffiti panels, they left that foot and a half that's in between out of that. >> So, so I'd like to just Okay. I'd like to
mark this as exhibit A3 because I still careful. >> Yeah, I don't see it. I see like the sign overlaid on to an image but not this drawing. So it's just exhibit A3. If you could just ex
describe it storefront elevation. >> Yes. Yes. Storefront elevation >> and prepared by your office. >> Prepared by Bowman. Yes. Yeah, >> this is probably going to go on the land development plans because that was something that was on the land
development plans, but it's hasn't been updated since we didn't do another submission. >> An exhibit here paid for and this is an exhibit that shows existing and proposed signage.
>> Thank you. Man, that's a lot of exhibits. I guarantee you. >> Okay. So, uh, A4, could you please explain to the board what that is? Uh this is a photograph that shows the existing signage that's out here in front of the berry bowls as well as the
sports clips. And there's um an existing frame area which is shown on those uh signage details. I believe it's on sheet four or five of those signage details. And there was a foot and a half different area that's in between that screening area that they're showing for their little frame there.
The bottom part of this um exhibit A4 then shows an overlay of the new signage that's being proposed out here so that you can kind of see what it would look like when it's um constructed out here. >> So this signer has been revised since
Miss Winter's review letter because I know you had 80 something feet, right? >> Yeah. I didn't have the uh side panels >> as part of the review. Yeah. And the side panels includes the graffiti that they were proposing out there. And we revised that because I
believe the first submission had too many colors in it when we added the the red and the white and then all the colors from >> You're limited to five colors. >> Yes. There should be five total colors combined between the graffiti panels and Dave's >> which makes the only uh variant on size.
>> Correct. >> Correct. So we did that to to re reduce the amount of variances and uh both the existing as well as the proposed conditions are mounted on the
same facade which is in existence there today. Correct. >> Yes. And that's remaining the same. So the only variance is for maximum sign area of 71.8 square ft. >> Correct. >> Okay. The width and the height and the
height on the building all comply. >> Yes. Those should comply. >> And they're not changed. >> Correct. Okay. >> 71. Now, um you are uh familiar with the configuration in that shopping center, correct?
>> Uh correct. >> And uh the signage, this the size of the signage that's proposed. Is it uh consistent with what exists elsewhere throughout the center? >> Uh yes, it is. And in fact, the letter height is within, I believe, one possibly one inch of what's the smash
burger that's out there. So, it's the same general size. And uh this is the only sign that's proposed for the location. Correct. >> Correct. >> Uh and do you have an opinion as to whether or not uh the sign uh the sign
is necessary for way finding on uh once at the site? >> Uh yes, we believe that that will help people identify where exactly the Daves is. Once they've parked, they'll be able to find the store much quicker with the signage out there. And will that uh help
uh traffic flow on site at all? >> Uh yes, that should help with traffic flow as well. >> And what about safety? >> Uh from a safety perspect perspective, that will also help with the overall safety of the center and identifying where exactly the Dave's hot chicken is located.
>> Okay. >> Okay. Now, >> Mr. Samero, you have a do you have a planner as well? >> Yes. The planner can probably discuss the variances than than the other things. Okay, fair. >> I have a question. >> Isn't there a large sign by South Bever
Road where it lists all of the stores that are in that complex? >> I believe there is one. >> You're not going to be on that sign. >> They probably will be on that sign at some point once they take the No. >> Oh, okay. Okay.
>> How do you hear that? He he's saying that it's that they're not going to have >> for the larger tenants >> space on there because for the larger tenants and they're not one of the larger >> Okay. >> I I didn't know what the picking order was to get on that sign.
>> We're we're chickens so that >> that wasn't fun. >> Well, we don't. >> All right. Does that conclude your engineering testimony? >> Yes. >> All right. Uh, Miss Steiny, you already started asking questions, but do more. >> Um, I don't have any more questions for
this business. >> Miss Winter, >> can you just confirm the size of the sign for me again? >> It should be 71.8. And that's based on the 30.5 that goes across the sign. Mhm. >> And then what we're calling the dimension on on
this plan here that's labeled as 2.354 ft, which is the height of what's inside the panel for where the colors are all going. >> Okay. All right. So, yes, just want to confirm it includes both the side graffiti panels.
>> Yes, it does include both those graffiti panels. >> Okay. Thank you. >> Mr. Pangiano, any questions? Uh just to follow up on the monitoring well uh can you uh um you testified that the access point is going to be relocated. Is that correct?
>> Yes, that's my understanding. >> So just for clarity uh uh provide uh information notes or details um for that uh on the plan. Yes, we can provide that as from the environmental
>> as you mentioned provide the grease tanks on the plan with the pad and the ballers and and the all all the required information that >> yes we'll include all those details on >> and then on my site visit I noticed that
there was uh some markouts on site and including a uh some sanitary and a sanitary cleanout right in the area of um where the proposed cooler is going. >> We will definitely look into that as well.
>> Yeah. And I I I for two reasons. One, it it should be shown and addressed, but it's going to be a constructibility issue at some point, so you might as well address it sooner than later. >> Yes, that sounds like a very good idea. >> Yeah. So, I ask that you address any sanitary cleanout or relocation that that cleanout as as needed.
>> We'll add that to the plants as well. >> Okay. >> That's that's the only comments that I have. >> Okay. Um, any other board members have any questions? It's just worth it. >> But the uh cooler has it uh emergency handle from the inside. Do you ever see that show the bear when they get stuck in the free the whole the whole all
night? >> I imagine it should because I want it. >> I wouldn't want to be stuck in there. >> Okay. Um Christian, any questions? >> No, I have not answered. >> Okay. >> Was a pick in order.
>> Okay, fair enough. Mr. Mandez, anything? >> All right, Mr. Dich. Yeah, quick question. I do in one of the pictures I see some outdoor seating there. Is that part of the the shopping complex or is that
>> just under? >> Uh that's just common for the for the center for the landlord puts that out there. It's not our seating, but it's for the general public to use uh whenever they want. >> Okay. And then you don't plan to be serving people out there. People could
use it if they want. >> Yeah. No, we're not bringing the food out to them there. Yeah. >> Yep. Correct. >> Thank you. >> Thank you, Mr. Millie. Any Mr. Mr. Mey, any questions? >> All right. I have one. Um, a few years ago, you did parking variance study for
the center. How did these numbers compare to those? Just curious on the Saturday that you looked at. >> It's funny that you should ask that because I did look into that. So there about back in 2023 we were just over 400 some spaces out there in terms of the parking demand. >> Okay. Because I remembered about two per
thousand, >> right? And I actually looked at the zones where parking changed in terms of where the biggest >> it was like the 567 because of those empty storefronts. >> Okay. >> And the Phoenix not being open. And then also where the Florentine decor is that area the parking demand used to be gym
so it had a higher parking demand. So those numbers in that zones one and two on that graphic that I gave you, those also went down. >> Yeah, I'm not surprised I used to go to that gym. >> I've been a gypsy since Okay, thanks. >> So easy.
>> Before you Before you leave, I have This is an offsite issue. It's not one that you're directly involved with, but people that are entering that shopping center on South Bever Road,
right after that entrance, you have an entrance to Route 80. >> And and it's quite common for people to have the right turn signal on when they're not going to turn into that shopping center. They're going to turn right onto Route 80.
>> M Gordon. Yeah. And you know what I'm talking about? >> I do. >> It's It's Is there >> I I go past it twice a day at least. >> Well, I my my granddaughter destroyed my wife's uh Mercedes. >> Oh, okay. >> Actually, what happened was she was
behind a pickup truck. He had his right turn signal on to get on 80 and someone came out of there thinking that he was going to turn into the shopping center. >> Okay. >> So, the pickup truck jammed on his brakes. My daughter was my granddaughter
was right behind her >> and so the Mercedes went right under the pickup truck. >> Both uh bikes went off. My two granddaughters in the car. >> That is a hazard. I don't know if there's anything that can be done to make that a safer.
>> The only thing to make that better would be to get rid of the left turns out of there. And you can't really do that because that we don't too much on on 46. No, but those left turns are dangerous, too, cuz you have to pass four lanes if you want to go north on Bever Road. >> Yeah. So, that crash you just described
likely would not have happened if somebody hadn't tried to turn left thinking somebody was going to make a right turn and they didn't. >> Yeah. See, I don't I never turn my right my blinker on anymore if I'm going to get on route 80. So, they know I'm going straight. >> Careful.
>> All right. Um, >> thank you. So, I think I first of all before I close this out, any members of the public have any questions for the engineer or the owner's representative? Seeing none, >> Mr. Samara, it's all yours.
>> I'd like to go Sean Delaney, our planner. >> 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 and provide your address for the record. Certainly Sean
SAN Delaney DL Y three Paragon Way in Freehold New Jersey. >> Okay. Good evening Sean. Could you please give the board the benefit of your education training and lure? >> Certainly. So uh following up on two
weeks ago when I was here um I have a bachelor of science and engineering uh from NGIT licensed special professional engineer in the state of New Jersey. I have my professional planning license since 2008. I passed the test to get that. That was a question last time as well.
>> I'm sitting over here now. >> Um, and I've been I've testified obviously before several boards, including this one two weeks ago on variances and my license is a good standing still. >> Okay. >> Thank you. >> Any questions? All right.
>> So, he's accepted. Thank you, Mr. Chairman. Uh, okay. So Sean, you were asked to uh review this application and then uh provide uh testimony and opinion as to whether or not uh we satisfy uh the criteria necessary for the relief uh
request. Is that correct? >> Correct. >> Okay. Uh could you please explain to the board what you did to familiarize yourself with the application? >> Certainly. So I reviewed the application materials. I reviewed the um township's master plan um and ordinance as well as
uh both both the site plans and the architectural plans that were submitted uh to the board and the signage package as well. >> Okay. And uh you uh also uh reviewed the board's planners uh comment letter as well. Uh that was dated I think July
22nd, correct? >> Yes, I did. >> Okay. Uh so uh can you please run through uh the relief and uh your uh opinion as to whether or not we satisfy the necessary criteria? >> Certainly. So uh as I understand it and
from my review there are five uh variances that are requested. Three of them are existing uh nonconformities. Those are the maximum pvious coverage 86.3% existing where 80% is permitted. We are not changing that number. uh the rearch
setback 43 feet existing where 50 ft is required. We're not changing that all either as was testified to uh and the building coverage of 23.4% that was previously approved versus the 20% uh max permitted. Once again, not changing
that. Um also the parking spaces uh new variance um because of the use we are proposing 1,025 on the site. no change to the number proposed um min required 1364 as as was testified by Miss Kosov
just before and then the real new variance is the signage variance of of 71.8 square ft in area versus the 58 square ft permitted based upon the uh the length of the facade times 1.5 ft in terms of that calculation.
So, no, it's not. I'll just keep going then. Excuse me. So, um, believe all these variances are justified under the C2 criteria, uh, which states that the purpose of the mis of the municipal land use law would be advanced by a deviation from the zoning ordinance requirement
and the variance can be granted without substantial detriment to the public good. that the benefits of the deviation would substantially outweigh any detriment and the variance will not substantially impair the intent and purpose of the zone plan and zoning ordinance otherwise known as the negative criteria. Um, so I think I
believe that the granting of the C2 variances in this case will advance the purposes of planning pursuant to the municipal land use law. Specifically, purpose A to encourage municipal action to guide the appropriate use or development of all lands in the state in a manner which will provide the public
health, safety, morals, and general welfare. The proposed use is appropriate and a permitted use in the existing center as a restaurant. Uh the signage provides identification of the use and is consistent with other signage for similar size uses in the center. Um there's no impact to parking on site as
the site is currently underparked. Uh but the granting of the variance permits the applicant to use the site for the permitted use and there's no changes to the setbacks or impervious coverage or building coverage proposed as a part of the development. Um and also purpose I to promote a desirable visual
environment through creative development techniques and good civic design and arrangement. Uh this is primarily related to the signage. Signs signage is appropriate and fits within the existing panel of the sign of the sign space that was for the prior two tenants. Um it
consists of five colors which is permitted. Um with the the main lettering consisting of two the graffiti pals containing the other two colors. Um, with regards to the positive criteria, the signage provides wayfinding as was testified to for
visitors visitors to the center to identify the restaurant. Uh, the parking is site is under parked and and said the the use will have no issues with parking uh for its uh proposed uh use. Um the granting of the variances will allow an
existing unoccupied space also to be put back into use. Thus, you know, continuing the um the vitalization of the shopping center itself. Um I also believe that the proposed development aligns with two goals of the master plan um that dated January 6, 2020. goal
five, which is preserve and enhance the township's retail, commercial, corporate, research, and professional office areas by implementing land use strategies that respond to modern market and real estate trends. Um, obviously, we're uh continuing uh preserving the commercial use and maintain using it for
what its intended purpose was for. Um, and by occupying a a space that is currently vacant. And goal 11, encourage new development, redevelopment to take into account the aesthetic character of the community in an effort to enhance the visual and aesthetic appearance of the municipality. I believe the signage
does that. It's not anything that is outlandish. It kind of it works and identifies the uh the use and gives it a specific aesthetic feature to it that is unlike the other the colors and this and the pattern unlike the other signs on there. Um so it'll stand out but will
not be an eyesore to the municipality. um proposed use provides that visual interest and integration of the various design elements of the project with the existing tenants. Regarding the negative criteria, no variance or other relief may be granted without showing that such variance or the relief can be granted
without substantial detriment to the public good and will not substantially inter impair the intent and purpose of the zone plan and zoning ordinance. My opinion is that the C2 variances can be granted without substantial detriment to the public good for the following reasons. a testimony that the the site
is sufficiently parked. The parking demand is actually decreasing with the application uh for these two these two tenant spaces. The signage provides way finding for use that is comparable with the existing signage of similarized tenants within the center. The other three variances there's no change based
upon the development. They're all remain um unchanged and as was previously approved. So therefore, in my professional opinion, I believe there will be no substantial detriment to the public uh good and no substantial impairment to the intent and purpose of the zone plan and the planning ordinance of the
municipality. And that for the reasons stated uh by previously by myself as well as the other profession the other testimony that was provided tonight, the proposed variances will not substantially impair the intent and purpose of the master plan and zone ordinance and the benefits of granting
these variances will substantially outweigh any detriments. Thank you. >> Okay. >> Thank you. Before I open to everybody else for questions, I got two quick ones. >> Yes. >> Do you know what the total combined area of the two signs you're replacing are?
>> I don't offh hand. Um but I it's it's I think the original original calculation was in the 80s 83 ft in the submission and I believe it was even bigger than that. >> Okay. >> It was a reduction. is a reduction from what was the signage that was existing on the on the the center before.
>> Okay. >> Yeah. >> And Okay. Do you know how big the Smashburger sign is? I mean, I guess my big question is does is that a variance as well as
>> as he's looking at that, Mr. Chairman. Okay. I I just if we look at exhibit 83, uh the sport clip sign went to the very far left margin of the demise premises. Uh and our proposed sign is stopping
several feet short of it. >> Okay. >> Um so it definitely is considerably smaller than what the combined signage was previously. Although I don't have the exact measures for you. >> I I'm just curious how our versus our ordinance. So these >> we have granted variances for other
signs in that um I can't speak to specifically but I know we have >> granted previous variances for signage in that shopping complex. >> So it appears from from records we have that the smashburgger sign was approximately 21 12 square ft total and
uh in area >> it's a smaller space. Yeah space >> but the height the letter height is is similar to what we are in relation to what we're proposing. >> Okay. And you don't have any idea what the existing area is, but you know, it's probably a little more than you're
proposing. >> I I would say it's definitely more than we're proposing because we're not we did not extend all the way to the end of the panel on the east side. >> Okay. >> Of that second of the uh the cut the salon haircut place. >> Okay, I'll move along. So, Miss Stye,
you got any questions? >> I do not. >> Miss Winter? >> Um, no. I I don't have any questions. In relation to the sign though, as uh Mr. Tierro pointed out, they're not on the um freestanding sign. So for wayfinding,
I do think the size will will help. >> Okay. Mr. Kiano, anything? >> No. >> All right. Any board members, any questions? >> Okay. Seeing none, um any members of the public have any questions for this witness?
Okay, you're excused. Um any does this conclude your application? >> That concludes my application, Mr. >> Okay. Any members of the public wish to speak in favor or opposed to this application? Seeing none, would you like to summarize?
>> Just briefly, Mr. Chairman, uh I appreciate the board's time and my client appreciates it as well. Uh my client's an experienced uh restaurant tour. He's very eager uh to uh make a meaningful addition to the shopping center. I know the landlord's uh very
excited to be uh building in spaces that have been vacant for some time. As you know, uh this uh environment has been quite challenging for retail centers. Uh and I think that this is a perfect use. I think that uh almost all of the relief that uh is identified here is
pre-existing. So we're not creating any new uh uh deviations uh and uh with the one exception of the sign which uh I think there's ample evidence that uh the sign actually uh enhances safety and wayfinding enhances
traffic uh and and it's pretty attractive as well. So I think that we satisfy all the criteria that's applicable to the application and respectfully request that you uh approve the site plan uh as well as the the leak request. >> Okay. Thank you. Um I'm now closed the
public portion of this hearing. Do we anybody feel we need to go to conference? Should we just go for a resolution or vote? >> Definitely. Just go for a vote. >> Okay. I'll entertain a motion to approve this application. >> Mr. Chairman, a motion to approve application number
25509, Dave's Hot Chicken 1123, Route 46, block 729, lot 7, zone B1, minor site plan, conditional use with C variance for a
fast food restaurant and outdoor cooler on a concrete pad. Second. >> Okay. Wait, do we have conditions that we need to go over? >> Uh, yes. Just that the applicant will coordinate with the landlord to relocate the monitoring wells um the access to
the monitoring wells and we'll confirm with the board engineer and township engineer. Um the notes the o the the screen the oil storage will be screened um in coordination with the board planner and
zoning officer. Um the site plan will be updated to include the oil storage locations, details, dimensions, confirm the location of electrical connections, other equipment, um details regarding any secondary
containment, compliance with the board engineers report, um and the screening as well. >> Um I believe Mr. Can John Can also mention Ballards? >> Michael said he mentioned Ballards in
lie of screening. >> Oh, okay. >> Screening was >> Yes, I think it was that might have been a later note that >> definitely bo as far as >> we weren't sure about screening. >> Yeah, the pickup of the and drop off of the oil. My concern would be if fencing
might get in the way. Um, >> the ballard is a good idea. the ballards >> I did have agree to to put the um oil storage on a concrete pad with ballards to protect. So not >> not that traditional screening and if
necessary relocate the uh sewer cleanout. >> Correct. >> All right. >> Yes. The sanitary sewer cleanout. Um confirm the location, show it on the plan, and address possible relocation as
needed. And then confirming that there's a a note on the plan regarding emergency exit of the cooler. Thank you. >> All right. I second all of that stuff. >> Yes. >> Okay. So, Mr. Mey, do you agree?
>> Motion with conditions added. >> Okay. Fair. Okay. All right. We have a motion. We have a second. Um, >> did each >> Yes. >> DPro? >> Yes. >> Hernandez? >> Yes. >> Me? >> Yes. >> Math? >> Yes. >> Yes. >> All right. Your motion is approved.
>> Thank you. >> Good luck. >> Thank you. >> All right. Can I have a motion to adjurnn? So motion. >> So moved. >> All in favor? >> I. >> Thank you. Meeting adjourned.