made that adequate notice of this meeting has been given that is being conducted in accordance with njsa 10 col 4-6 at SEC of the New Jersey open public meetings act nor you want to call call a roll Mr buret here M grani here Mr masella here Mr ready here chairman icane pres m board planner Mr Chadwick our board engineer Mr Lano with here and our board attorney Mr Johnson here okay so um do I have a motion to go into Clos session motion so Moe second all in favor anyone oppos [Music] okay all right you record you good yep announcement is made that adequate notice of this meeting has been given and is being conducted in accordance with njsa 10 col for there 6 set SEC of the New Jersey open public meetings act nor please call the RO Mr burit here Mr bani here uh Mr Mella here Mr Petty Here Mr ready cousin chairman Ian pres we also have our board planner Mr Chadwick our board engineer Mr and and our board attorney Mr Johnson start off with the Pledge of Allegiance I pledge alance to the flag of the United States of America and to the Republic for which stands one nation under God indivisible liy and Justice all oh yeah yeah got all right Mr CH can you raise your right hand please you sarir that any testimony you give tonight shall be the truth the whole truth nothing could you raise your right hand please just whether any testimony you give tonight should be the truth the whole truth and nothing but the truth yes I [Music] do okay at this point in this evening's meeting is there any member of the public that has any business to be brought to this board that is not on this evening's agenda hear none and see none we have some resolutions Amin buris grani jts mazarella ready someone want to move that application don't move second any discussion nor col rooll buret yes Rani yes moella yes ready yes Ro Coachman bertz grani Tedy ready irane someone move that some second grani any discussion nor rollit yes grani yes pedy yes ready yes hurricane yes uh uh I A A T billboard sign burit Petty yes ready and IR someone move application 23 so second spoke with you second okay any discussion no call the rollit yes ped yes ready yes hurricane yes okay we have correspondence from have always you got no I'm just no I got I got you got one we have correspondence from Mr O'Neal about Temple vetnam uh asking to uh have the 2412 Carri to May 22nd without further notice and whatever gives us extension through May 31st do I have a motion to that effect so Mo second any discussion all in favor anyone opposed May 22nd May 31st the extensions May oh I'm sorry yes May 20th okay [Music] so it looks like the first application 20 there's another corresonding sorry it was two letters oh I okay so we also have one for I aat Services carrying that to May 8th do I have a motion to that effect Mo second second all in favor went oppos okay that's why there was two letters so we are down to one application application 23 col O2 perfect clicks LLC 354 Kingston Road c/d VAR to construct the sign good evening good evening chairman members of Bo my name is Michael Rubin I represent the applicant um it's a d variance uh let me explain why it's a d variance uh there was a previous devarian granted for this site in 1987 which allowed a limousine company to operate out there both for office and Li storage uh my client purchased the property and um um actually with knowledge of those of that resolution um and was told that his office use which is a web design business was a substantially different use and thus needed a use variance to operate pull the microphone a little bit closer yeah I'm sorry having said that it appears that we only have five voting members tonight is that correct one two three four five six six you got six okay if if if you think you need a seventh after we've heard the testimony fair enough we'll just carry the case and and have someone listen to the tape fair enough then we're ready to go so you don't need any C's no we need c for the sign okay that only for the sign yeah that's the right thought but I I wanted to focus on the D just from a jurisdictional and me member um point of view um so I'm going to call the um Soul member of the LLC that owns the property as well as the so member of the LLC that is the tenant and I'm going to introduce him as Chad agrawal but I believe his yes please sit down I believe his name is different I know he needs to be sworn it okay can you raise your right hand please do you swear or affirm that the testimony you're about to give should be the truth the whole truth and nothing but the truth I swear can you state your name and spell your last name pleas Chad Agarwal a g r a w l okay Mr okay Mr agal what is your relationship to the owner of the property perfect realy LLC uh I'm the single owner of uh perfect real estate LLC and what is your relationship to the applicant perfect clicks LLC I'm the uh single owner of perfect clicks LLC started the business uh 10 years ago I'll be 11 years in May and when did perfect real estate purchase the property perfect real estate purch purch the property in April of 2021 and was the purpose for um granting a tency to perfect clicks you bought it to be occupied by Perfect clicks is that correct yes yeah so owner occupied right for the business corre what what what business is perfect Clicks in perfect clicks is a web development SEO business uh that's what we started out as and and we do full service digital marketing so we're digital marketing agency what is SE home SEO is uh search engine optimization I've uh kind of made my living marketing uh websites on Google and writing really high quality content over the last 10 years I've made every mistake in the book in terms of developing all that kind of stuff and I'm the kind of guy who really just does his work himself I enjoy what I do and I work very hard at it and kind of try to let my work speak for itself so SEO is is really what I am most passionate about prior to purchasing the property did you do any due dilig to determine whether your use would be permitted yes um prior to purchasing the property um I did significant amount of research because I was pretty much staking um a lot of what I made all of the years to um to buy this property and to solidify my business in um in Pary um so we at that time we were in landed X Plaza and our building was uh being demolished uh we were in 300 landed X plazas and we were informed that we were to leave uh quickly and so um what we did was uh I I did a lot of research and I read a resolution that said you know that specifically said I I believe it's 8696 or I have the exact one the number 8969 and uh when I read that you know it said it would be suitable for business office use and uh the previous business was using it as office and dispatching location for the limousine business so and what I read and understood was that it was the office use I believe I submitted these resolutions with the application but if anyone doesn't have them I have extra copies um now you retained uh maruchi Engineering Associates to do a survey of the property um once you were it was explained to you that you needed to come in and get a use variant is that correct that's correct um and is this the um survey and variance exhibit that he prepared yes that's correct and does this accurately represent the property as you purchased it yes and does it accurately represent the property as it is today yes except the survey doesn't show the sign [Music] correct oh yes the sign is on there I'm sorry it is on there I apologize package that document excuse me has that been submitted that document yes this document was submitted does everyone have this document yes okay and do you mark documents that were not not ones that have already been submitted great thank you um now the sign's a little bit over the property line correct now we're going to get to the sign later but let we let's just acknowledge that it's there that you put it up and we're going to talk about that okay now you submitted a um an addendum to the board that was requested by Mr chadler to describe the nature of your business did that accurately represent the nature of your business yes how many employ employees do you have uh currently we have three employees and do they all work at the site every day yes and uh hopefully you know we have uh you know with Pary High School we'll have a fourth you know car coming in uh we're doing an internship program with them this year paid internship too so that'll be good so do you have an anticipation that you're going to be hiring employees in the let's say the near future let's say the next year or two for right now it's kind of status quo um I'm really focused on what I'm doing well I have another manager that's you know been with me for four plus years he actually also went to parcion high school um I met him while we were in ladex he was a great hire um I've had a big team before and it's not great it's a little bit tough um so I I prefer to kind of keep it where it's at right now for the foreseeable future um but like any business I would hope to grow but right now um we're we're okay with where we're at and the pl and and this location can accommodate that growth given the interior layout as well as the amount of parking that's on the site correct yeah for sure and there are nine strip parking spaces correct correct and currently there are only three people who come to the office every day correct that's correct um H how often do you get visits from clients or customers uh once a month maybe um if that I you know very infrequent visits from clients most most of our work is done online and I'll I'll go out to a lot of you know if if there's a client I'm usually going on site if I want to take a video or something like that how often do you get deliveries um just like a regular Amazon package uh you know if I'm getting like regular stuff but nothing nothing like a business delivery I I don't have any equipment or anything like that we're I have monitors that's about that's my extent of my equipment you don't sell products out of the site right you sell Services Services that's right so y That's everything you do is in front of a keyboard correct yes that's that's that's why you're reading from your phone instead of the paper I put in front of you correct right yes so this is real FaceTime for me um all right now let's let's talk about the sign um how let's first of all let's talk about the dimensions of the sign okay um how large is the sign from let's just first talk about the sign phas sure how wide is it and how high is it so the the sign the surface of the sign is uh 64 in wide and um 52 in high uh 52 in in in height so about 23 ft correct and if you if you add the posts to the width how how wide does that become uh with with including the post it does not exceed uh 6 feet in width so it's um the total square ft for that would be uh 26 Square ft if you take with the 6 ft width and why did you put up the sign um like any person who bought a building and it's your business I mean I was very excited to have a sign um and uh I I looked up you know kind of what the what I thought the B4 rules were and uh and so I think the standard or the the thing was the 24 Square ft in surface area of the sign and 10 ft set back um I did count the 10 ft wrong from I just didn't know and I did it from the curb instead of the the way and I just I didn't know that but I I actually left more room than I what I thought was the 10 feet again somebody who does everything themselves sorry so would you be willing to ask Mr moui to come out and plot on the lot where 10 ft is back from the lot line and you would put the outside portion of the post at that 10t marker yes I I'm happy to uh work with the board to do whatever they see fit and to move the sign and you know we'll do that let me ask you a question the it's pretty clear up and down that street if you're 15 ft from the curb you don't need a vars yeah 10 ft is just get you to your property line supposed to be 5T off the off the property line so you're you're right now you're more than 10 ft from the road you said can't be though because it's enro no he's not more the the the sign actually crosses the encroaches into the right way right but I thought he said he measured from the curb and he knew it was supposed to be 10 ft but if you if you got to LIF the pick the sign up out of the ground and move it back you if you move it you got to do it does it make any difference whether it's 10 ft off the road or 15 ft I can't imagine answer for him but I'm just going to say the the building is 20 1/2 ft the front yard set back of the building is 20/2 ft and there's a probably a 3ft walkway in front so that leaves 172 ft right as a setback from the walkway I think if he goes if he moves the the sign 15 back the sign is how many feet like it's going to be on this it's going to be on the walkway that's the problem 20 ft measures to his property line not to the edge of curve oh you're saying measured how 15 ft from the 5 ft in from your property line oh you do that 15 ft from the curb yeah yeah he'll do that I I didn't understand I think so now you don't have a VAR okay okay good got one out very good job so 5 if it is 22 ft it will be like almost you got 7 and ft from your property yeah it'll be good it'll it'll be away from the building most importantly so it's visible if is going to have it it might as well be visible there's a bush there that's close to the walkway that would block it if we put it any closer whatever so we got agreement on that y 5T 5T from the property line 5T from the property line so I don't have any more questions for the weakness variance for the size this the fact that the fact there's a sign well he's now in a residential Zone yeah so there's no yeah he does sorry yeah yeah he used the B for standard as his basis which he comies with but we're now in a residential zone so he needs a variance for a sign in a residential Zone as well for commercial sign commercial sign residen is that a d or c c c and you know there are commercial signs permitted in the residential Zone and we have a planner here Paul Ricky who will testify that um but not for this particular business but the size is okay joh okay I have no further questions for this any questions of the witness any members of the public have any questions of this witness on the testimony given this evening I Hear n and see thank you I'm going to call Paul Ricky a li professional planer [Music] uh do you swear or affirm that the testimony you're about to give should be the truth the whole truth and nothing but the truth I did can you state your name and tell your last name it's Paul Ricky R ICI Mr Ricky can you give the board inent can you give the board the benefit of your uh educational professional background yes I'm a licensed professional planner in the state New Jersey I've been licensed since the year 2000 I'm also a member of the American Institute of certified planners I have a master's degree in city and Regional planning that I received in 1997 from ruus University I'm currently a planning consultant to six or seven towns um I've testified in front of uh this board and the planning board I've been qualified in over 250 towns throughout the state and your license is current it is I ask that he' be qualified as a professional player he is so qualified thank Mr riy were you uh retained by the applicant to do a planning uh review of this application I was and tell us what you did to prepare for your testimony um I reviewed the submission application the uh the survey I I visited the subject property uh reviewed your your 2020 master plan I reviewed pertinent sections of your zoning code I did prepare an exhibit just to kind of help Orient the board to the site um the exhibit is entitled maybe I'll qualified now is that is that okay sure just tell us what it is we'll mark it A1 you have copies I do and it's entitled exhibit one uh aerial aerial and existing commercial property 35 for Kingston Road area for syney Troy Hills New Jersey just quickly this is prepared in a a geographic information system um the most recent area in that system that can be overlay is from 2020 um it shows the subject property outline in Orange and the purpose of this was to show U some some other existing commercial activity in the area and also I just want to say well I'll talk about this through my testimony but um uh this area of par siany along Kingston Road was historically zoned in your your business 4 District I'm not sure if the board recognized that um and that why um there's a proliferation of of commercial uses uh in this area it's since been this portion of the roadway has since been uh rezoned to the residential for district when the use variance was granted back in in 19 was it 78 87 excuse me um the office use was a permitted use in the district the reason that the use variance was required back then was because the lenine portion of the business the storage of the vehicles was considered outdoor storage and your B4 District today continues to permit office uses both professional office Medical Offices uh in the like so um you know it's an area that you know so the in in my opinion like the office function of this property it it largely became non-conforming as a result of that of that ordinance change per se because it it really was a permitted use at at one time I remember an application uh um just a little bit closer to Littleton Road where um a gentleman had a house and a lot next door and he parked his garbage trucks and you couldn't have the garbage trucks in the house on the same lot and had a come for a variance to do that okay that was a long time ago didn't they try to put cell tower in yes yes right on on number one on number one they tried for C Tower um I mean I know the board's aware of the criteria I'm going to show that the the use are the properties particularly well suited for the use for that reason it promotes general welfare and that these variances can be granted without substantial detriment to the public good in impairing uh your Zone plan um from a strict perspective uh this is one of if not one of the best use variance applications I've seen that's largely based on the context and condition of this property um I looked at uh Google Street View uh going back back to 2012 and um it was anywhere from nine limousines being stored out here some of them with a van style limousines as well and cars here you heard from the applicant if if there's an existing building that's been converted to office space with a commercial parking lot it's it's a this is a business site today and I could not think of in an area as you see on the aerial that is surrounded by single family residential homes I can see of no better use for this property a property that no longer maintains residential characteristics it's office space inside than to low to locate a low intensity office use at this site and where an individual may have you know a monthly or a bonly visitor by a customer uh individuals three or four individuals that come to the site each day they know where they're going you know they Park their car uh and and they leave at night so the the hours of operation are limited uh as well when when the use variant was granted the limousine business according to the resolution had 22 full-time drivers and 20 to 25 part-time drivers and they it indicated that eight liines will be stored on site I saw evidence at least visually that more was a car they had big vehicles yeah that that company had big vehicles um and prior to that based on the resolution the prior use of the property uh was for a a a business that stored drilling rigs equipment and trucks so the TR the progression here is for lower intensity over time which is in my opinion is uh highly uh desirable and here there'll be no outdoor storage associated with the business that function would be eliminated uh as part of this application again it's an existing office space today it's relatively modest in area I think it's, 1300 in 20 give the wrong number it's 13254 square ft in area and there's nine parking spaces uh associated with the lot for your R4 Zone it's oversized as well it's a 10,000 squ ft lot where 6,000 uh square feet is required and your master plan even speaks to this area you I'll maybe read a quick BL but it recognizes the appropriateness of a residential mixed with commercial in this area of the town as well and it's on page 125 and it says the neighborhood commercial land use designation corresponds to the B4 zoning district and is found along Kingston Road in the intersection of low and Hy roads just Lake our symphony and um but it what it goes on and it talks about there's there's I I'll just read that area that um there are areas are similar to Lake hawwaa business bus district and that they are characterized by small scale retail and service uses however there are somewhat less defined business districts that are also contain scattered single family homes and it goes on but what what it says is that it recognizes that this area uh in addition to single family or small scale mixed use development is appropriate to be interspersed with commercial areas and uh it's not exactly for this exact site but it does speak to the appropriateness of uh the mix of those uses um because uh this is a commercial site it's already been uh converted to office space uh sometime the applicant is is is looking to lower the intensity here again I think the site is meets purpose a the M land use law because it's particularly well suited for the use it promotes the general welfare and also purpose G it provides sufficient space needs the needs of uh commercial uses for New Jersey citizens regarding the negative criteria uh I think I discussed that this is a site that has operated at a a much higher intensity there's no reason as a planner I represent boards to anticipate that there'll be no new negative impacts associated with this application particularly since that outdoor storage of vehicles and and past outdoor storage is being generated uh there's no changes proposed uh to the site or the the the building itself um with the exception of the sign that we'll talk about uh it's a low traffic generator generator it's a low generator of waste and the waste that there is it's paper type waste um um and there is sufficient space here clearly uh for the use uh again in terms of your Zone plan um this was a B4 District it was the portion of the site that remains is office um and that and that non-conformity came as a result of of an ordinance change so this is not a substantial departure for your Zone plant in terms of existing non-conforming conditions the applicant was hoping to have those uh granted as well um and those relate to the the building itself uh the front yard setback of of 20.5 ft where 25 ft exist no change proposed one side yard setback of 5.2 ft with 6 feet as required um accessory building side yard setback of 1.9 ft or 6 ft is required and accessory building rear yard setac are 7.5 ft where 10 ft is required um and there's a maximum lock coverage of of 73.9% which remains unchanged um under the the C1 criteria the law is clear that it says that uh under 70 C1 c um by reason of an extraordinary exceptional situation uniquely affecting the specific piece of property with the structures lost ful existing there on the strict application of Regulation it goes on will result undo a hardship results in exceptional and undue hardship the developer such priority Grant upon an application that goes on says that it's appropriate in that regard so these are legal non-conforming conditions that aren't being uh changed we believe we're we're we should be entitled to that C1 hard um regarding the the sign um I heard what Mr Chadwick said uh he recommended uh moving the sign I think 5T from the front property line and just to overall understand what your zoning allows I mean it's a residential district so it doesn't allow signs really associated with a a residential home with the exception maybe a small very small identification of that home in the residential districts you have Parks uh four Parks it recognizes their appropriate standard of of 20 square ft uh and set back 10 ft from the property line and then in the B4 Zone it anticipates up to 25 Square ft set back 15 ft so it's my position as a planner that uh the size of the sign is is appropriately scaled based on standards that you that already exist in the ordinance today and it can be set back in a manner uh as suggested by by Mr Chadwick um the sign's out there if you saw it uh we don't believe it would be a substantial detriment to the Zone plan all in all I think this is it's a very good application one that brings a low intensity use into a building that really has no other function today than a than a business and what is better in a single family um residential neighborhood to have a computer-based business so it's it's a really good application in my op I have no further question questions by the board I what St operation any did you mention the hours of operation hours of operation you got talk in the microphone hours operation 8:30 a.m. to 5 p.m. lighting uh nighttime illumination or anything on the sign there's no illumination on the sign there was on the old sign he removed it any other [Music] questions no this that yes I just going to give you an opportunity right now any member of the public have any questions of this witness please come forward no you got to identify yourself and use micop your name and address please hi Paul FY f w l i e 830 Mountain B Pary the mail goes to Mars Plains my my question out that comes out of the sleeve you you can yeah take it out of the sleeve so you don't back hey my question now I'm ready my question is is there a limitation on if the sign were illuminated or is there a limitation on how long it can be illuminated into the night that will that will be part of the resolution no but but if it were it's kind of an open-ended question If he if he asked for uh you know uh 5:00 at night to 11:00 at night or all night or so there's no there's no existing policy regarding that it's each case is treated differently that's correct okay thanks you're [Music] welcome any other members of the public have any questions of this witness I hear none I see none I have no further [Music] Witnesses I have just two brief comments if I may and then I no CL let me just see if there's any people want to speak in support of or are any members of the public who wish to speak in opposition to this application in support of this application I hear SE n Go ahead uh thank you I don't really think I need to add to the testimony I just have two points to make uh the variance for the existing conditions is is would allow the applicant to rebuild the principal building the same location that it currently exists without those variance as non-conforming conditions should there be a fire he could he would need a variance rebuild anyway so the idea is that he could then more readily continue his business get the fire get the insurance and total Destruction means you cannot build non-conforming conditions if you have a variance you can it runs with the land that's why that's requested um Asing the D variance and I'll defer to Mr Johnson it's my understanding that if this variance is granted uh the variance for the limousine business will be deemed abandoned by law and thus it cannot return unless it comes back to this board for a new variance a currently a limousine business could walk in there tomorrow and use that variance because it runs with Bo that's it I have nothing further to say thank you we need to go into conference no someone like to make a statement as to why we should approve this yeah this is a reasonable request the applicant is caring the business over 10 years and he bought the building and uh he want to continue the business and all he needs is the signage so it is a minimum request time in favor of this was someone from a resolution yeah I'll move uh application 2302 perfect clicks uh I move that we Grant the D variance for the business that was described C variances that were requested and the variance for the sign well actually he doesn't need that now because he's going to move it to 5 ft from the property law he needs a variance for the business sign in a residential district so yeah he needs to see variance for the business sign res District that's part of my motion to approve second any discussion nor call R bit yes Rani yes Mella yes Tedy yes ready yes arane yes thank results of Varian is granted great thank you have a nice evening everyone time and consideration we'll try to get it done by the next [Music] meeting May right May that's May thank [Music] you second nice presentation Mr very nice presentation yeah okay been done this before on all sides actually that side this side and objecting so motion toj any other business I have a motion to adjourn motion to adjourn so Mo all in favor anyone opposed okay thank you ladies and gentlemen I thought we'd be here all night when I looked at that agenda yeah