good evening Red Banks Zing Board of adjustment will come to order this 20th day of February 2025 time is 6:30 roll call please an Tori here Mass here Eileen Hogan here Beno here Sharon Lee here
Vincent Lake here Paul KAG here Anna Cruz Here Am Calo absent Eugene Horowitz here and Chris Havens here adequate notice this meeting has been posted at bur Hall followed with
the bur Clerk and mailed to the ASB Park Press and the two River times this meeting is being tape recorded and in the event the applicant uses the service of the Court reported to transcribe the tapes the board requires a copy of the transcript we will break it about 8:00
pm for deliberation testimony heard those forign conference room on the first floor public is invited to attend however discussion between board members and the public ised at that time no new cases will be heard after 900m red bank's Zoning Board of adjustment has
maintained a policy cut off hour of 9:30 p.m. for its hearings any applicat not heard this evening will be carried over to the next scheduled meeting um pledge AG United States of America to the it
stands one nation God indivisible and justice for all okay we have some administrative matters to deal with we have meeting minutes from February 6th somebody make a motion to approve a
second all in favor I okay we have a couple re re resolutions to handle resolution approval on 103 East Front Street all right Mr chairman good evening and good evening to ladies and
gentlemen of the board that was the Riverview uh Medical Center application uh for removal of an existing parking lot and construction of a private parking lot for use by hospital employees and the conditions of note um were compliance with the review memorandum and
uh confirmation that the fence would be replaced uh in the same location it would be a six foot black uh chain link fence uh zoning compliance signs to be placed in the parking lot confirming that is for hospital employees only uh
removal of the existing Jersey barriers uh parking lot it's not a commercial parking lot but rather for the testimony it's to be used by the hospital employees and it's uh they submit a lighting study and if as a result thereof the board engineer determines is that additional um lighting fixtures are
necessary they'll they'll be installed no light spill over and that the applicant will uh submit the 25 foot easement uh to the burre of Red Bank on terms which the Bure of Red Bank finds acceptable and that would be recorded
and uh if we can accept that as modified we I just I talked about some of the conditions that just that I've read were just modified but if we can adopt that as modified that would be very good if that's the pleasure of the board somebody like make a motion to
approve I'll make motion second I'll second all in favor and then I sheain sorry okay we have a resolution of approval for 62 White Street Mr chairman that was um inclusion Pathways and that
was the former hobby Masters building just to install three signs at the site and the review uh the uh compliance I'm sorry the main conditions were um compliance with all the terms and conditions and promises that the team made during the public hearing the
illumination shall comply with prevailing illumination regulations of the burrow um uh the color is going to be teal and it's going to be consistent and shaa we had that the one illuminated sign will only be exterminated
externally illuminated during regular business hours and the same will definitely be turned off or non-illuminated from 10:00 p.m. to 7 o'clock each day and um we also had remember that they have to give us final uh final plans with the window sign details and we have to make sure that
they comply with the color regulations and that they are not to exceed the 20% threshold for window sign coverage and I think that was the and they comply with review memorandum from Sean no no third party advertising on that
sign No No Electronic or interchangeable copy and no blinking or flashing lights we do have a couple of typographical errors in that so if it's acceptable we can adopt that um as modified I'll make a motion to move
it second I'll second all in favor okay we have new business 211 shury Avenue all right uh Mr chairman first up is there anyone here who had any comments or concerns regarding the
sufficiency of the notice they received we don't see any and uh let the record reflect that the notice was reviewed and found acceptable and uh what we will do is we will swear in uh Jackie durman our board engineer and Shauna Ebanks
our a planner and our director of Community Development Jackie and Sean if you could just Raise Your Right hands do you swear that the information and testimony you're about to provide to the extent you provide any would be the truth to the best of your knowledge to help you God yes yes all right let the record reflect that uh both Witnesses
have been sworn and what we will do is we will Mark into the record what we as a board have before us so A1 is the application package A2 is the denial of development permit dated December 11
2024 A3 is the intent to proceed and that was dated December 17 2024 A4 are the plans prepared by Edward O'Neal uh dated November 22nd 2024 A5 is the review
memorandum uh from Shaun Ebanks and that is dated February 19 2025 I think that's the gist of everything Shauna that we have to enter um so with that we'll turn it over to Mr McKenna good evening good evening
everybody excuse me it's very nice to see everyone um I do not want to underestimate the importance of this application but I don't want to overestimate the complexity um it's very
simple um I think everybody knows the Parker Health Center it's an inherently beneficial use and incredible um facility that our community provides and um they have as
you well know significant addition onto their property as a result of that there is significant concern about visability sorry uh about the disability of their signage so they asked Mr O'Neal to come
up and create two signs which he's done and I'm GNA let Mr O'Neal um advise the board there's two variances one is normally you don't allow more than one side in this case we're requesting the right to have two so that they'll have
enough visibility for the prospective um people that come to the Health Center and the second is one of the signs exceeds the square footage uh by about sure you know what why don't you just state your name and uh address for
the record and we'll swear you in Edward W O'Neal Jr 65 M Street red good evening if you could raise your right hand do you swear that the information and testimony you're about to provide will be the truth the best your knowledge to help you God I do and just for the record tonight you're
testifying in Your Capacity as both an architect and a planner architect and a planner thank you and you've been here I don't know how many times so we're okay with you thank you he's not done after this
one see soon you remember when this building was approved the addition was approved and if you when original building was approved problem is that the Block in which it sits had been rezoned from NB
to RB and so and that was to accommodate the River Street School renovation you know decades ago and so everything on this site and the two sites next to it are VAR because it's a residential Zone but clearly it's in the middle of the neighborhood business
district so any sign doesn't comply really can't I think it's a 2 by4 foot 2 by two foot sign is the maximum that can be had so that's one of the reasons why we um one of the signs is to
one of the major donors who helped fund the addition and one of the conditions was that they have their name put on the building in a somewhat discreet manner which we tried to do the other is literally the Parker family health center sign which replaces the one that
used to be on the front of the original building so if you if you kind of think of it this way you can think of it that the sign that was approved by variant has been relocated onto the addition up high enough to be able to see it from traffic
going either north or south on trb that's the one sign um and it's unlit it's not a lit s so it's really there is an identifier I mean this is a nonprofit organization there's no money exchange inside the building or anything
so it's really just to let people know it exists it's not an advertisement sign and we think the size is appropriate given the scale of the building and how far set back from the street which we needed to do in order spaces out the
other sign is very small it's it's 2 by1 um and it's individual letters on the building background so it's very very uh muted but it is a thank you to a very generous donor to
the construction of the addition of the building which was really a critical addition for the Parker family health center to continue its mission to provide um Medical Services to the working on machine so so neither of these signs are
lit correct correct okay thank you yeah there's actually no electricity to them to light that would ensure that they won't just one question Ed um on the rendering that you
provided um there's a sign above the canopy um the entrance canopy is that still going to happen no it was decided instead that the other sign would be more visible for both
directions so that was determin and that that kind of happened as construction went on and we were able to show the center and board what the building looked like if you will relocate but it's a new sum it's not the
same any questions for Mr O'Neal from the board any questions for Mr O'Neal from the public that one Mr mcon um
[Laughter] folks so Mr chairman if the if the board is so inclined the typical sign conditions that we have which we just sort of read would be compliance with all the PRS commitments and representations that the team made
throughout the public hearing compliance with Shaun's review memorandum compliance with any affordable housing rules regulations contributions if if any um outside approvals uh a 24mth time frame um there's no sign elimination so no sign elimination no third party
advertising uh no interchangeable copy electronic features Etc other than what's approved and sha any reason we have to uh do anything with sign colors do they have to comply with anything or we just don't have to worry about that we don't have to worry the one sign both signs are in one color okay and it's a
part of their uh Parker help sign is uh a part of their logo so very good fine there and we have uh I guess just confirmation that there's not going to be any sign above the canopy so Mr chairman uh Mr
McKenna are those conditions acceptable to your client yes they are okay so Mr chairman if they're good for you let's vote okay Parker Parker Clinic is a is a wonderful establishment here in Redbank and I'd be the first to approve this
supplication I'll second an toori yes Ray Mass yes e Hogan yes Benny Aron yes Sharon Le yes v s yes yes thank you thank you good luck three
go he thanks up we have 204 shury back okay and as um we get ready for this uh is anyone here is there anyone here who had any questions or
comments regarding the sufficiency of the notice they received okay don't see any uh the notice was reviewed and found acceptable U so therefore we do have jurisdiction and I'm just going to swear in the witnesses and Mr McKenna while I'm doing
that um I'm going to momentarily ask you or your clients just for so we can do a conflict of interest check about who the owner is and who the principles are and who the applicant are is and the principles so we just do an internal conflict check so what we'll do is uh Jackie durman our board engineer and
Shauna Ebanks a planner and also our director of Community Development we're swear we will swear you in if you could both raise your right hands do you swear that the information and testimony you're about to provide to the extent you provide any will be the truth the best of your knowledge to help you guide yes
all right let the record reflect that both Witnesses have been sworn and then what we will do is we will Mark into the record what we as a board have before us A1 is the application package A2 is the
uh site plan uh prepared by Andrew Stockton of Eastern civil engineering dated September 10th 2024 consisting of Three Sheets A3 is the topographic survey prepared by Eastern civil engineering dated September 10th 202 four A4 the architectural plans prepared
by Edward O'Neal dated June 13 2024 two sheets A5 is a traffic impact study uh prepared by Dynamic traffic and that's dated November 12th 2024 A6 is the denial letter um from
Shauna Ebanks and that's dated October 3rd 2024 A7 is the intent to proceed A8 is the disclosure of ownership and and A9 is the property owner certification dated July 17 2024 and ladies and
gentlemen the board remember anytime someone other than the owner is bringing an application that's totally fine but you have to have the owner's letter of consent and that's what we have A10 is the Land Development escro agreement and
I think um a let's see A1 is the certification of taxes and dated July 17 2024 and a12 is the T&M Associates review memorandum dated February 14
2025 and for that we'll turn it over to Mr McKenna and we will do our little conflict check thank you Kevin excuse me um the let me let me perhaps introduce the uh
the owners and and give a little bit of History they are currently located basically almost right next to the Parker Health Center and uh it's liquor store that has been there for over 30 years and for those those of us that grew up in Red
Bank and you remember Charlie Seafood it it was the liquor store that was right next to Charlie seafood and it's as I said it's been there for about 30 years um the current owners have owned it for about five years um and they wish to
move to a bigger fa facility there is Green's garage for again for those of us that up in red back a former Automotive uh repair facility directly across the street literally directly across the
street and it's owned by Mr Goodman here's here this evening Stephen Goodman um it's been vacant now for how many years Mr five years about five or six years and uh there's been no occupant and
cents are very interested in relasing it from Mr Goodman we've signed inative Le subject to the approval of the board if the board receives fit the granted and the uh this is I'm going to call it
essentially a family operation there a husband wife um and other relatives that are involved in this and they're all owners of various uh llc's so for
example there's sonali investors LLC um Corel there is j a d RSB LLC and I found one disclosure of ownership uh for samartha rbl LLC doing
business as Spruce Liquors um heral Patel maranne Baya and bani Patel yes that's correct KEYT great so hearing those names and individuals any conflicts or
questions about conflicts or concerns about conflicts none thank you so I'd like to start out the evening by um addressing an issue that we'd like to um handle first um this is this property is
located in the NB Zone the neighborhood business Zone it is a neighborhood business it's been a neighborhood business for 30 years and it's been run by these individuals for um I think it's the last five years and um it is a
neighborhood business but there is a square foot foot AG limitation in the neighborhood business Zone it's been there forever uh variances have been granted before for it um I've done a few of them but um it's just the nature of
the ordinance it limits it to 2,000 square feet and in this case it's a bigger building so we need to come before you for a use variance because of the size of the building so I'm gonna ask this to testify as a planner
on the appropriateness of the use variants uh for this in effect sort OFA the appliation we want to address the use variants first and then if the board sees Grant
the use variants then we'd like to address the all right and then just at the risk of speaking for the board um before they vote on the use variance would would they be hearing things about hours of operation and things like that and and
we would welcome any questions that the board might have and I'll try to address a number of they will be testified to ultimately anyway um but I I would be happy to address any of issues that the board may have prior to the board
considering the vote on experience all right and we we can ask sometimes they'll be into that sometimes they won't but we'll let's we'll bring it up and do it okay so um on that note what I'd like to do is call it Mr
O'Neal I feel like I just saw him all right so Mr O'Neal just for the record if you could just state your name and business address again Edward W O'Neal Jr 65 M Street than all right if you could raise your right hand do you swear that the information and testimony
you're about to provide will be the truth the best of your knowledge to help you guide and just for the record you're testifying uh I guess we should Square you in as an architect and a planner please because some of the um planning testimony runs kind of into York got it
thank you now and you were retained by um the applicants to prepare both architectural plans for the rehabilitation of the building as well as um addressing the planning issues and
specifically the use variants required because of the ENB designation is that correct yes and you're very familiar with the area in question in fact you pretty much live right there I live within walking distance of the yeah um
So based on your familiarity with that but much more importantly based upon your knowledge as a professional planner uh do you feel that and would you represent to the board that both the positive and negative criteria can be met in this particular application I
believe so and would you please um Enlighten the board as far as how what your opinion based okay um well just uh one thing to to everybody's knowledge is that this is really an interior
renovation there is no additional square footage being added the building the primary scope of the architectural work is to add two well three doors one for storage and two from each side of the building parking lot it's kind of split
front back and there are some improvements internally build there's a small ramp an additional bathroom those type of things which will bring the up to building but that's pretty much the scope of the work um so if you
interrupting just for a second sure if anybody wanted to go into that building it'd have the same problem correct yes because have an existing building so unless you demolish the building any applicant that approaches that any pharmacy or anybody else that would want
to go into that site is going to have to come before this board to seek the same variance correct yes and again the space isn't that large it's 3,716 I'm Sorry 3,716 by our cap I'm sorry you said that wasn't very
large no not really it's commercial space go actually just kind to continue on that if you think about the pluming code if you have a building that's 1500 square F feet it only needs one B so that's considered to be almost a
dominous impact building so twice as big as that but it's still small small space um so the D variance um following some of the the kind of typical things that we need to establish
is is the site particularly suited to the use and one of the things is that the building has been there for Le 40 years green no just why don't you pull the mic closer to you just thanks interior renovation is no
expansion building um and that the current Mr M said the current liquor store is literally across the street the interesting thing about liquor stores now is that in the old days which is really if you go across the street to what's there now more than
half the building storage Ed you may have to switch mic I think that one doesn't work I don't think so I don't know why Court plugged it in was working yeah okay yeah the last witness who used
it it was just sort of you know all over impressive um sorry I repeat myself that um over again in a typical liquor store like with the one across the street from years ago about half the building if not
60% would be Storage storage of liquor and all sorts of other things today in liquor stores it's mostly the inventory is put out on the floor and so it's kind of like going to Costco or places like that in that in rather rather St everything away it's
put out for sale and so basically you do need more space if you're going to do that and so that's one of the reasons I think that my clients were attracted to the building also because it was across the street and they had the same clientel um we provide 16 parking spaces
where 15 are required so we have no impact based on that and then we also are eliminating curve cuts on Shrewsbury Avenue so that would increase on street parking by two to three spaces so again I think from a circulation and we don't have a negative
impact on the area and I think that makes the site suitable also the building because of the way it was done as a as a Repair Garage there were four large um overhead doors in the back so we are basically utilizing them for
deliveries and the entrance to the building will just be within the existing openings so and the other two garage doors that are there will have a wall on the inside so they're no longer operable so I again from a standpoint of deliveries right now the deliveries are made on the
street truck parks on Shrewsberry Avenue and loads everything in and people try to drive around it it's real problem that would be limitting there were also um special reasons now the NV zone is really
created to maintain neighborhood businesses so that it's th Walmart buy up a block the superstore um disrupt the character of the neighborhood and somewhat Drive the neighborhood businesses out and so
that's why the that's where this 2,000 square feet comes from although 2,000 square feet is somewhat in orbitary number that that's where it comes from um from the standpoint of this this application it's an existing business moving across the street so you're
maintaining a neighborhood business in almost the same location um again the building has been vacant as Mr Goodman said for five or six years um that's never a good thing so it helps the neighborhood by having
somebody occupy the building um the curve Cuts help for the traffic cing that the county is trying to do on Shrewsberry Avenue they've been steadily working on redoing shrewbury Avenue to make pedestrian Crossings and things easier and
safer this isn't allowed use and I think that my client I'm sorry just just it's a permitted use but for the size of the building yes yes Sal primary liquer sales are and also the last thing I would say
about that is my clients have estimated that 60 to 70% of their clientele walk to the site and that that makes it a neighborhood business to make the building as ex sit as it exists has
always been one use it's never been multiple uses so it's never been subdivided subdividing the building is a little difficult because it's configuration it's kind of an L-shaped configuration so it's not simple to do so from a positive criteria well let's just go to Great the negative
criteria um there are surrounding retail uses that are greater than 2,000 squ ft so what used to be cats and which is now um FL the Flor shop that's over 2,000t um certainly the Park Family
Health Center I know that's not retail but that's over 2000 square feet uh wano's groceries is over 2,000 square F feet um Asha Pharmacy is slightly over 2,000 square feet and these were all within a block of the site so it's not
the only1 not building did all of those properties need variances well Parker family needed a variance because of the thing I talk putting aside Parker family it's not a not a retail what about the other ones yeah they did no they had to they had to because they were all over 2,000 square
feet so they were all granted just for the for the record just because I've been here for a long time very fortunately not wood but I think Mr McKenna you might have represented wanito I think they got a variance they did being larger than 2,000 square feet
okay yes they did and I was the uh architect on okay Pharmacy and I know that g be for the same reason see we talk about the vacant buildings um I think the site improvements improve
the circulation we decrease curb cuts um it's a stable business it's continuity of uses um let's see we talked about the minimal changes to the building Mr Goodman the building owner has done significant exterior work to building
with the stco system passing repairing it repainting it adding a stone water course to the bottom of the building and so I think the building looks a lot better than it has in a long time and that's to his credit um and a lot of the uh Landscaping that had been NE
overgrown even for would been worked on the Bild had been removed and will be replaced in the uh I don't think there's an impairment of a Zone plan if you go to the master plan and it has those categories like connected balanced those
things to connected it says to establish a strong cohesive downtown area preserving distinct character of the individual businesses and that's both the Broad Street area and the shwy IT mentioned them specifically so I think again
maintaining means character they say balanced which is Embrace a smart growth mentality with targeted infield development that minimizes unwanted negative impacts and
again it's the same building not much is really changing so that's infill development and then the last one is is La Equitable strengthen existing neighborhoods to enhance safety and Community Pride and I think when you
take an existing business a bacon building and that's improvement with Minal impact so I think that all the negative criteria satisfied any question Mr O'Neal on on this side but I do want to welcome questions from the board and perhaps I
can short circuit a little bit of it um there was a a narrative submitted um the plan for this particular business is to operate it the exact same ways we can operate it now it's a family business they
traditionally have two to three employees at any one time no more than that they do not need more than three employees that anyone's on but that's the way the business is operating they operate from 900 am to 10 pm. daily
period seven days a week um and um as far as trash is concerned about 90% of their trash is cardboard and cardboard is stored in trash bins um in in in the particular location and
they come and up the cardboard two times a week so that there's no um significant garbage there would be garbage also PR caring any other garbage but they would say about about 90% of their garbage is
actually cardboard from the deliveries that are made the facility and Ed is it that um the same way how the deliveries are going to be collect um done uh the trash is going to be picked up from the back where the
deliveries are done to correct yes are they planning on vacating the current building they're in I think um there's some a party already interested in what I've been
told um but then they've been held up because it's taking us a little longer than we as far as getting before the do the applicants own the other building or are they renting that
no they lease the building it's on the other side of the street okay any questions from Mr O'Neal I just have one question um with this existing building the 3700 Square ft are there any uses that would not require a
variance to move in [Music] there not well I think if it was not retail but then there are a lot of other uses that aren't allowed because it's primarily a retail area but arguably the Parker Clinic move
across the street they could but that that's it so any other retail use to move into the existing building would be require variance one variance yes okay thank you okay I have a question what's the current size of the liquor store that
they're that they're in is this the time comment about the business itself I live around the I live around the corner this isn't working the comment and it's just the time to comment just doing questions now
for little B for the board and I'll ask for questions from the public and then then we can do comments um yeah I know you've that one uh I know you said you're going to discuss site plan later but can you say anything about the
landscaping for the parking lot because it's you know it's pretty unsightly uh to have a parking lot and I'd love to see it landscaped nicely it's it's fairly limited as far as what we can
do parking and the driveways I know one of the suggestion made by tnm was soly the removed 5 pavement and put in a buer for
the residents next door which we've actually discussed and are we believe are prepar to do so uh the only problem with doing that is we have a 24 foot driveway on that side which is required
the width of the driveway is required so if we eliminate the driveway and it's pre-existent there's nothing we can do better but if we eliminate the driveway then we're creating a variance for an undersized driveway so that is something that the
board would have to weigh um there's if you know what I'm saying I mean you're right I mean it's just a big uh SL Sur the difficulty is that there's not much you can do for example there's
a MTH County site plan or site line that's involved and we have to go visit with the county and make sure can't that you know so there's certain limitations on what we can do sorry not interfere with the county what I didn't hear um
I'm sorry Kevin there's there's a sideline issue uh on turnbury Avenue that the county has us out the right line we have after board we're going to go back and meet with the county and see what the
county would allow us to they would allow us to put plantings in that area and we would do it but we have to get their Authority you know I mean we can't put for example if a six in six foot or Variety in sine do it but there may be
an opportunity to put some lowlevel plantings um if if we're permitted but we don't know the answer to that yet thanks I don't I have a question probably it's my ignorance more but when when it's since it's an automotive shop
does that need any remediation from the EPA and all that that can take a long time and okay okay all right do have a I believe turn on your mic it'sing working
now yeah I do believe there is a row of Shrubbery between the residential house on Katherine Street and the um gas station building the the service building you know between isn't there
already a row of Shrubbery there yeah there is yeah yeah okay any questions from Mr O'Neal on this subject um the D1
any questions from the public Mr close that part um any comments on this part of this application I just wanted to mention I we live around the corner my
family and I confess I have shopped at this store for a number of years occasionally and I've always found the store itself and the street in front to be very clean and quarterly and friendly little neighborhood business and Al the gas station is you know the service
station building is sad and it be very good to have that fills like cson was filled a couple years ago um it's really a whole on shury Avenue all the things that Chris says
are true however that is a major that is the heartbeat of that whole neighborhood and I don't know that a Superstore liquor store would be in asset to the community um we've absorb lots of liquor
stores um and yes the community requires them it seems but I think that that's a large Endeavor in the community and I don't think it's to the advantage of that entire residential neighborhood that's around it um I understand it's
not a family friendly business it is what it is and and I can see the appeal um by the other little store to want exam I just don't think it's right for neighbor sure just just if you don't
mind me responding the only other person that I'm aware of that has attempted to rent that building was for a cannabis facility and it wasn't permitted in the zone they went out and hired professionals that came out and said
that it should be permitted um they came to us and said what you think I said no but that was Choice only reason is it's very difficult in the NB Zone to fill a space
of this magnitude and the fact that it's sat bacon for so long um I I would argue that you're not adding another liquid store just moving a liquor store to a larger
facility and and I I cannot disagree with you but I am saying that in my opinion it's not an asset to have a Superstore another Superstore liquor store in the community um I don't want to make another
application uh relate to this application but Dr Parker's CTIC exists and lots of the serving services that they provide to the community are based on the misuse of this very same thing so I find it hard
personally to support this application just because I just don't think it's the right thing with the heart of this community it's it's a super store and it's going to be I mean it's super store it's going to be a large store and U for the community it's
a large store and it will be filled and it will probably draw a new people and be all the things they want it to be I just personally I all I can come to the table with is my opinion about what that neighborhood does not mean and I mean I do understand the
other story there before it was a liquor store it was my parents laundromat I don't know if you remember that quite some time ago so I know the neighborhood I was born on that street I I totally get the Allure and everything about it I just don't think that I personally can
support it I F peers here they have to make their own opinion I just want to give mine [Music] I don't know I understand and when you use the terminology of Superstore it's going to
be bigger but it's not going to be a Bottle King or one of those facilities you know what I mean it's still it's still going to be a neighborhood store being operated by three people so it's not the Mega liquor stores that we see on Ro
35 and other locations I know CU I've seen those places and might [Music] find they are what they are yeah they are what they are and it is you know I mean you you see the picture and you you really do see it
is a heart of that community and you can see it just by looking at the picture you can see it's in the center of what we've been trying to build as a stronger residential community and supporting that and it's it's just a difficult fit um
any other comments from the board uh I live on Catherine Street and I walk past the site multiple times per day it kills me that there's not a functioning business in there um so I don't know if I per se have a problem with the use um my concern questions
will probably be more later but they would have to do with buffering and the you know overall look of the site and you know making someone feel that doesn't think it's a good fit like make it a little
more welcoming and you know hid hidden away it's just a a building in a parking lot right now so I would my concerns would be around loitering things of that sort but I don't think the use per se is a bad one um and I think taking the Cur
cut off sh's very AB huge so happy about that well I I stopped by today and uh there were a couple cars I I don't know if they're taxi drivers or youber drivers just sitting there in the parking lot
and I a lot of a lot of times it's uh the giant Avery tree trucks like four of them will be parked back there during lunchtime so I mean that can't be good for the neighborhood I certainly don't like walking my two kids by the uh
more in line with what Sharon was saying the one of the small issues from the liquor store at Parker and Lon is their patrons who sometimes leave um some debris along
Parker and surrounding streets it's not much but people tell me about it I know when I hope that the the new store if it goes in would keep an eye on that on Katherine and Shrewsberry because uh you know their customers
sometimes drop things be appreciate it all right so my comment I agree with Sharon 100% I don't personel think it's a good fit for the neighborhood I think a neighborhood store is what you have you're leaving a neighborhood store and you're
creating a store that's twice as big um whether you want to call it a Superstore or not a Superstore it's still a very big liquor store uh at the entrance to a residential neighborhood and there are other options for that property I'm not you know
certainly a developer could I don't know if it could be subdivided I'm sure it could and there could be two businesses that are in there I I imagine reasonable size businesses um but I agree I don't I
don't quite get why want a liquor store that size entering into a residential neighborhood uh so that's my that's where I'm had it with it um so that's my opinion on it any other comments from the
board uh yeah um I guess it just I'm looking at the aerial photo and it seems like wasted space that this could have a higher use uh I I mean that's not really
what we're here to do tonight I I get that but it just concerns me that you know I it's it's it's there's as much parking lot as there is anywhere retail in this
lot it just I mean I I know what I wish were there but I don't think that's you know that's not what we're deciding tonight so I don't think it's appropriate to discuss but this just seems wasteful to just have this one
business and what seems like a lot of parking around it no I'm saying I understand exactly what you're saying problem is and um deal with these issues not just in red but in other towns and the
things that you have to look at are what's the impact on the neighborhood what's the impact of it's continued to be underutilized or unutilized and uh with all due respect to Mr don't disagree with you in general
but that building I I know the building I knew the Green family very well and my car service there yeah and that building is never going to be subdivided okay in my opinion I'm not you know I'm not an expert but uh I do a lot of real estate
things and I don't see the pratic aspect of that so some often times the question comes down to are we gonna utilize the space and allow it to be occupied or are we going to allow it to continue inall that that is a difficult issue to
wrestle I understand but often times when you're going year after year year there's no rental it's almost like the gentleman that we had um I don't know if you remember was a little office on TR
Avenue and he he sat for five years and couldn't get tenant and and the board s they gave him a variance to to convert it to an apartment and he's already got a lease so you know but Mr mcken
couldn't that Fe there are developers who have been developing this town over the last decade that have demolished buildings and built and you've represented tons of them yeah and they built beautiful structures with retail on the ground maybe some apartments above um or maybe that you can subdivide that and put a single family on that and
then have commercial on the other side looks like you have three lots there um so there was other uses I understand maybe the building's a little awkward it was an auto body shop or auto repair shop so you're trying to convert it so certainly you're going to have your challenges and anyone who wants to convert it from Auto is going to have a
challenge whatever they put in unless it's an autoshop but to suggest that there's nothing else that we can do there so let's approve a 4,000 or so Square for liquor store entering it to Catherine Street I'm not convinced on it personally and I'm not I'm not debating
with you what I'm suggesting is not that it's not possible that somebody could do something there it is possible but they have to acquire the property demolish the building and then start from scratch and your
building on Shrewsbury Avenue suggested possibly I I'm not sure if I understood that suggestion perhaps a four or five story residential I didn't say four or five story I might have would not say that I
would say that no I not that guy then you're talking and by the way difficult location for presidential it just is yeah well I know because we were here went down the street right on James Parker Boulevard right right and we were
talking about condos and Tow houses and Commercial and Retail you know all those different things but we managed to appr that I didn't vote for it but managed to get approved and they're putting you know 38 units or 36 units there so development is happening on that street um so I imagine that will continue with the current you know with the board is
open to that um but all I'm saying is for me personally um I agree with what the Mrs Lee said with it and so that's that's just you know okay move this on no other comments
from the board okay um I guess we need to Sure uh if I could just uh so Mr McKenna is it is is it your request that you're asking that the application be bifurcated and that there be a a vote
right now on the use variance portion I believe so unless unless the board says that they want to hear a lot more about the operation and the like you know I don't I don't know what the board's preference is I want to make
sure that the board feels yeah I'd suggest we go through the whole application and then make a decision we can vote on the D1 and the whole site plan thing together but I'd like to hear the whole thing before we
even vote on the use application okay um Mr O'Neal can you address the address the architecture and then we'll move on oh sorry so again as as I testified earlier it's an interior
renovation the existing front door in the building that faces shrewbury Avenue is being closed off and on the um North that again which door is being closed off the one on that P of shwb ad okay and then there are two new doors going
being proposed um on the Northern wing of the building the part that makes it in nail shape uh one is located in Li of a existing overhead door which would be removed and the other is a new door that would face
Shrewsbury Avenue but is recessed back about 20 25 ft so in circulation you would enter the building there either from the front or back Bing lot that's where the counter would be and then the various aisles would be adjacent into
that um wrapping around the core which would be an office two bathrooms a Janitor's Closet and an ice room and they would sit in the one corner and then the rest of the building is the D Storage which is accessed only from the
back parking lot and then the which is where all of the refrigerated into display cases so that's the outside the biggest change outside we have two canopies one is over
the back door one is over the front door that's simply to provide weather protection and there are uh signs there are two uh two foot square Max identification signs which should say
that that's the entry and then there are two wall mounted Signs Now the square footage of the wall mounted sides is Inc compliance but because it's on a corner we think that having one face Shrewsberry Avenue and one face North make the signs visible as opposed to
just having one larger one on trees but that's a variance because it's two sides but I think on a corner building that's warranted if you have two exposures to public streets you have a r you don't have a rendering showing it like a 3D one or
anything just the flat no just the one that you have which I believe right I you have two two two drawings kind right now I'm having trouble download I've been having trouble
download I have like flat one just for the record what is that want to make sure that I Mar that that your plan is dated June 13th 2024 yeah have two sheets all right so that is A4
oh okay yeah I just is a00 yeah I think the thing a 200 uh yeah that's where the four same are would remain but they have wall on the inside make that
internally Rel facilities that are needed make for make for meing issues with building Hub and there is a ramp because the building internally has two there's a ramp inside to meet the barrier free accessibility codes and
there's an ice room because my would rather have a room and a dispenser uh they just think it works better than it's so behind the scenes you know see so it's it's not a whole lot all of the other windows
remain you mean the front windows um that's placing strewberry those are the main yes okay this is that the rendering doesn't it doesn't look like it so that's I was worried that that might change the door would be I'm sorry Mr O'Neal the the garage
doors on the side are going to remain but they're just going to remain closed is that and there's a wall on the other side of it there's a wall on the in interior that will provide the insulation things like that but those two doors will remain the other two doors the ones on toward
the corners they'll be removed and infilled one with a glass door front system which would be and the other with a double delivery door outside sorry did you say these signs they're externally illuminated did you
say one of the hours or all the time it only be illuminated during business to repeat all the exterior walls I'm sorry all ior walls exist there's no expansion of and just for the record any um
exterior work being done with regard to the um materials on the on the of the building well again Mr Goodman redid the exterior Rel recently so we just match and anything we disturb
you would it be helpful to go through the tnm letter at this point at um your engineer really GNA try to pick out the ones that I
think um page page seven um comment 3.10 with regard to the doorway awnings on the west elevation the West
Side um that's projecting into the driveway is that a question for you miss ronia have to discuss that and we saw in your letter advise youing that there's any
concern about being uh too low andu just if it's Jackie it's your recommendation or this the board's feeling that they would like the wning removed we would just take them
out yeah I think that that would be a good idea if you if you want to have that doorway there if you still want to have the doorway there youate the awning I the only purpose of the awning was protect people as they're entering the
building it's not going to provide that eliminate that that would be our recommendation but it's up to the board they feel that the awning should be there but it it's really in the way of their deliveries
um we have no problem okay um deliveries would that be question for you landscaping and lighting out I think it's mostly an engineering
question I I have um a question so I see that in the existing store and this is kind of like one of my issues with liquor stores is the fact that the um windows are mostly covered with
advertising um and it looks a bit tacky and it's very influential um to people around them I'm just wondering are we going to have that same type of window signage there's a lot of
Windows here um on this building so are we going to have that same advertising the large um different types of sales of what what's going to be sold the products that's going to be sold there um and
then I see also the neon signs like it's is the typical look of a liquor store window um and is that the same type of window display that's going to be there
um I understand that for safety purposes sometimes you you need it to block out um where the cash register is but like is it better to just do frosted Windows instead of these um the advertising the posters
had a very abbreviated discussion with uh the representative and they said we' be happy to if if we move forward we'd be happy to sit down and and speak about that and come up with restrictions and different ideas far I mean they're not
permitted at all because your your window signs are supposed to be 20% of the um of the window of the seront window so the one across Ross the street where you you're existing I know it's Google Maps um
Google Street View but it it takes up pretty much the entire room storefront window um so I wouldn't want to see that replicated on the other side the indication I just got was that it would not be but but not saying they
wouldn't want any so they're saying they if we get to that point and keep that as a condition of approval and we come back and and just know I understand to the neon sign the neon lights I I wouldn't agree to that
either um again because it looks like a typical Li store this yeah I mean like yeah it's a typical liquor store but if we're it's a nice location the building is nice and it's a the improvements that you made so
were very nice to the exterior so to kind of like I'd agree with it both there is nicer liquor stores the one on White Street yeah doesn't have the windows PL like I don't there has to be ways to just Bross
the windows yeah so I I can understand that but it's I understand you want people to be drawn in but I mean the signage itself is going to say liquor store so people know what sold there um just to have the this
the poster there in front I I'm completely against that if that's going to be what's going to happen um in the space encourage of creativity yeah and I'm
okay with like the open sign that's neon um again I'm looking at what's there now there's the the ultra um the beer sign that's a neon sign that's like right there wouldn't want to see any of that also in the window um as a window
sign Space Mr M who who are we um discussing the parking configuration with is Mr O'Neal oh Andrew and Mr okay just the interior and the
exterior building Renovations for Mr oil yeah so any other questions for Mr O'Neal before we move to the next witness any questions from the public for Mr O'Neal okay Mr McKenna let's go to your
next witness hey good evening Mr Stockon if you could just state your name and business address for the record my name is Andrew Stockton my company is all right if you can just raise your right hand do you swear that the information and testimony you're about to provide will be the truth best your
knowledge to help you God thank and just for the record you're testifying tonight in Your Capacity as a licensed certified Prof engine professional answer thank you I'm not sure some of the new members no use if you could give it your cred
sure um I am licensed in New Jersey New York in Maryland as a professional engineer and professional land surveyor I'm also licensed as a professional engineer in the state of Connecticut and uh as a professional planner as well in
New Jersey all of my licenses are current and in good standing with the state boards um I've testified in before Red Bank zoning board and planning board as well as uh different applications in
the probably 66 or 67 different municipalities uh in more than half of the counties across the state projects large and small and I was a longterm more than 25y year uh member and chairman of my uh fing board and land
use board in my hometown in Highlands for a long time as thank you Mr St accept Okay so uh for record this this uh project site is I heard it mentioned there are three existing lots 11.01 11.02 and
11.03 in Block 73 uh the track is situated at the corner of shb and bathroom where it's located it has the overall dimensions of 87 feet uh with
Frontage along shrewbury ravenue and 160 ft feet with Frontage along Catherine Street there's an existing uh on story basement re building on the property and that existing building has a footprint of
3,716 square feet and it's uh subtended by or uh in addition to the building there is uh an existing driveway and parking area on the property the existing driveway actually has uh four
um per cuts and driveway aprons uh two on Shrewsberry Avenue and two on Catherine Street and the existing driveway our parking area consists of um alog together in the existing condition 14
parkings in the back or the Westerly side of the building and seven in the uh in the front or the easterly side of the building adjacent to shur Avenue and the Seven uh buildings in the in the front area I'm sorry seven parking spaces in
the front area along shrewbury Avenue one of those is an existing handicap um parking space um when I prepared the topographic survey of the property I did collect spot grade data and and uh uh
around that existing handicap parking space found the um existing uh depressed curb and and curb ramp for it to not be up to current Ada standards um and in the proposed configuration that we have
we will be improving that to make sure that it does meet Uh current Ada standards um altogether with regard to the uh existing driveway and parking uh lot
configuration the the basic idea is to eliminate the two curve Cuts driveway aprons on shrewbury Avenue altoe um restripe or repair any um damaged pavement area and restripe the uh the
parking lots to uh the configuration that's shown on the site plan exhibit 8 to um there will be seven uh parking spaces in the in the back that will remain the existing and there'll be a
total of uh nine parking spaces in the front one of those being the handicap parking space all that I just uh just described in addition we'll be adding a uh a small U enclosed tra trash
enclosure um in the back parking area as uh I think we discussed before um for normal trash storage and an area where they might need to store cardboard material for recycling
purposes I got I got one question for you the parking space is in front on shury Avenue yes how far away would they be from the uh sidewalk um there the way that I have it set
up it's kind of due to how the existing parking drains from the building out towards the gutter line at shrew at Shrewsberry Avenue the pavment goes right up to the edge of the back of the sidewalk right now now that would still be the case
after development um but we would put a series of uh the bumper blocks to not cut off any surface drainage pattern but to make sure that we don't hang uh the car bumpers over onto the sidewalk area so those bumper blocks
uh would would stop the tires which would stop the uh the front bumpers from hanging over onto the sidewalk and they usually set back about two feet or so from from the edge of pavement to do that wouldn't it be better to have the
cars parked next to the building I think from a safety standpoint uh you know people you know drive a little past a little pain barrier you got hit somebody on the sidewalk if you do at the uh the
topographic map of existing conditions uh that is how it's arranged right now but in order to do that we would have to keep the two curb cuts and driveway aprons with access onto shrewbury Avenue so in in looking at the um the overall
configuration that we proposed we think this is a much better layout for the parking lot uh and use of the property for for why why would you have to have the driveway on shoy I'm missing that
you would have if you had the uh cars parked right up against the front of the building rather than right up against the sidewalk area like tberry Avenue maybe if I could refer to this exhibit sure and what is
that this is a a colored rendering uh aerial map exhibit that I prepared for and what's the is that the the one one that is this is this is not part of the application this oh so we need to mark this all right so we're up to a13 and
what is a13 he said it's an illustrated a13 is a colored rendering exhibit uh for the minor site plan and it's St prepared by me and it's dated September 10th 20123 thank you uh
and this exhibit shows uh an area l background of the surrounding neighborhood um and the site plan layout with the uh existing building Footprints shown in brown uh the um parking lot and
driveway configuration for the project and then shown in green our little existing Andor proposed green spaces or landscaped areas that we show for the project so if we if we took on this
exhibit I show the seven parking stalls that we propose uh facing out towards Shrewsberry Avenue if we took those parking spaces and move them up to the building we wouldn't have
room for a drive AIS um to exit out onto Catherine Street so we would have to keep the existing curb cut connections or existing driveway connections to shrewbury Avenue and it would be a little uh it would be contrary to the
Cy's uh review requirements from their standards and their desire to uh uh I guess I'm confused the car is the same size whether you're parking it against the sidewalk or against the building you would have a drive aisle
yeah rather than uh than the driveway access right out onto shrewbury Avenue and if you put a drive aisle here you wouldn't have enough room to make uh a turn without you would lose parking to do that how many spaces what you lose
you would probably lose at least half of them uh if we tried to uh shift these uh seven parking stalls we might end up with only three to do that then you sorry if you go that route and point
towards the building instead of the um the sidewalk then you'd have and eliminate some parking which I don't even know if you can park on the site triangle correct can you park on the site triangle I mean there's a lot of
questions here the the the parking layout the way it is right now we don't know if you're allowed to even have one do three four five six seven spaces right because we don't know because it's a site triangle so this is
just I I I think there's like a lot of questions here I think you need to lay out this side in different different um ways you also need to have a buffer there's a buffer required or or a landscape Island between in in between the sidewalk and and the the parking
area so there's different ways that you could reconfigure that parking lot to have less variances and you might lose parking so I think we're kind of agree with that yeah I especially if
you're gonna create if you're going to remove if you're removing the the curve Cuts then you're cre as you in your testimony earlier you're going to be creating two spaces on the street that's what was said so
losing some parking in the front wouldn't be that bad and then on top of that how what's a turnover I guess John you're going to testify to that what the turnover for um liquor stores it's
probably like what 15 minutes the most um and so losing the parking spaces actually would would make sense you wouldn't need all your parking so maybe going for the variance adding that to it but it's I'm gonna ask Mr to them up and
speak to this issue if you just get s in sure okay you can just state your name and business address good evening everybody John McCormack with Dynamic traffic 1904 Main Street M
please you need that again sure John McCormack with Dynamic traffic 1904 Main Street in Lake coma all right if you could just raise your right hand do you swear that the information and testimony you're about to provide will be the truth the best your knowledge to help you go I do and just for the record
you're testifying tonight in Your Capacity as traffic engineer thank you and you you have been in front of us several times so yes testimony um okay so the access to the
property has been challenging from the start um I think I think how we got here is chasing the ordinance requirement and I think that's wrong I think this site can manage with less than half the parking spaces that we currently propose
um the front yard is the is the reason for probably half of the comments Mr letter um it is the the removal of the access advances the County's Improvement plan for shb Avenue but the parking lot
in the front and the bumper stops and the minimal sidewalk do not so we have discussed potentially getting rid of the whole front parking I would much prefer to request a parking variants than to try to fight
through the county and Miss durman on issues that I tend to agree with you so the the removal of the driveways does gain you two or three on street parking spaces depending on how the county wants to build bump outs and things at the corner that may change that slightly but
we're creating curb space um we we're going to have to go to the county that's their intersection that's their Frontage um but I I do think that eliminating the front parking lot goes a
long way for a lot concerns it gives a lot of leeway and it does um it does further Advance what the county and the burrow is trying to do on trb now um I think for the loading and things like that I would almost like to
leave if I come up here I would like to start the discussion with leaving this oneway drive aisle adjacent to the building it makes the the delivery Vans and the single unit 30 the
single unit box trucks that we expect it makes that movement a lot easier it would be a one-way loop from the back to the front and they would come out there you know we could discuss since this aisle and this driveway I think
need to be there for that movement maybe we leave the handicap spot in the front right at the front door but I I think I think the rest of these parking spaces you know we have a little bit of a substandard drive AIS which I think we've done that in the past and that's no not a
problem but the the bumper stops right up against the curb and the sidewalk I agree with your comments so you know does a does a building that currently has zero parking spaces zero loading spaces zero trash
enclosure does that does that business when it moves NE across the street need more than seven or so parking spaces it's going to get a loading zone it's going to get a proper Refuge uh location uh and then we then this property owner
can enhance that corner that was not the testimony outline I had well thank you for that obviously there's a lot of things we need to find
out um one is come back with another plan but I I think there's some other things you need to find out from the county if you want to stay with this plan um so I I don't know with all this stuff I think maybe we should look at
the D1 use variant maybe vote on that if that's what you'd like Mr mcken at this point before we go ahead and do any other new plans or anything like that i' happy to discuss that with our
right now um I do want to say something microphone I'm sorry my m is k um I do want to discuss it I wish to point out that that I'm really glad you
asked that question because we discussed it we saw it in your letter Jackie and we we did sit down and discuss it I I just want you to know when we get comments we actually take them very seriously and discuss them and that's
how we got to the conclusion of what we saying now so in other words we had standard testimony prepared before but after kicking it around and thoroughly thinking it through we said you know something this is a better
idea so good job right then Jackie I mean really it was so we discussed that possibility and whether or not that would um be something that the board would want us to to look at
seriously now we don't have we don't have u a problem uh coming back and making the plan adjustments because we think we think we can address the
concerns not not all concerns we can't address the concerns about the size of the building and you know the neighborhood but we can address uh the Landscaping other issues we spent a lot of time on it um and
unfortunately as always we didn't have as much time as we would have liked before the meeting but we did take your letter very seriously and went through it and we we always appreciate good
suggestions and try to um understand them and then appreciate them and then try to weave them into our plan so um I'm prepared if it's okay with the plan we'll get the vote on the use
variants and if that passes then we will be back um I promise but with a different plan and we hope what much more appetising to everyone and um Jackie we work with you uh even
before coming back with with another plan uh you know sometimes it's unfortunate it's not their fault it's not not anybody's fault get the letters and to try to get a hold of your professionals and have conversations
with clients and everything it's just it sometimes it works sometimes it doesn't but here we had an opportunity to Le speak and um understand and appreciate so yeah I think it's also important that
you know they want they didn't want to go for parking variants right so they planned it this way but you could see there's nobody in the public like is is parking really an issue um and we usually see that with
the amount of people that come um so I think it was important for them to go through this process because if the room was filled with people talking about that parking is an issue maybe that's not the route that they want to take so either way I think we needed to go
through this exercise to see what what the neighborhood or the or the boards to that point I'd say the more I look at it the the parking can't happen against the sidewalk so I agree with removing that but now I'm concerned what
that looks like because the nj. plan to knock on wood pictures very is hopefully coming soon I think there's supposed to be a nice big bump out there so I don't really want it to just look like a FL you know from the cor to the building
like I don't I don't know what are you gonna rip up not you personally but are you GNA rip up the as now and then this that I guess more of a question for sea for the use Varian vote actually Ben when we meet with the county we're gonna talk about the P yeah I'm I'm excited
for that so we actually talked aboutall the other day other cont so um we're aware of it it's not something that we're not going to now okay I mean I guess as far as the
use your food I don't know does it affect someone's thinking like how the plan comes back that doesn't really you know I don't I would think you would want the use variance f as to save your client any expense if if it gets denied on the use variance and there's no need for
your client to go back and rework everything that's the only I think it would be more efficent to have at least a vote on the use variant that's what I I'd recommend is you know obviously there's a couple board members aren't crazy about it so I think you do
need five you need five five VES but it's it's seven it gets if the plan itself gets denied it's based on it's not really the plan it's whether the use is suitable for that site so that's it's not really
the configuration so if they come back and I say me personally that configur I'm fine with liqu striping there but the configuration in the setback doesn't work that's a I'm just I'm just clarifying you project is based on that
the site plan um the layout that would be my concern of like the plan coming back and being not palatable the buffering at least they have plan a and plan B so
can you come back with the the CD like the the 3D um drawing like to actually see what it will look like not just a flat just because I need to see I'm not I'm not good imagining I would I would say like the
definite what the signage is going to look like and um um that that's a concern of mine too the window signs and the wall signs but again the vote the Board needs to vote on if I may Mr chairman Mr year your
question it's a parking lot microphone please that's okay we got people watching on very good if the parking lot is removed in the front to whatever extent we decide on that would be long okay you know Landscaping against the
building yeah there was there no way we would leave yeah so not stripe it but it's just would right now people to race Point Parking there you know it would fall right in line parallel parking nice big sidewalk lawn landscape building
front you know appreciate okay so sure so as you have all very um adeptly uh indicated so um we're going to ask Mr McKenna what he wants in one second but some of the more
apparent options would be to uh vote on the use if you vote Yes we have a bunch of conditions that we talked about go over and obviously the big condition would be subject to the applicant coming back for site plan approval and and then to your point and we always point this
out to say just if the use variance is approved there's no guarantee that the future uh site plan and both varant are going to be uh approved is got to be uh they've got to approve their case or um obviously if the use variance is denied
that's the end of that um and to Mr kagan's point that does save the applicant a lot of time and aggravation and money and then the other school of thought is if there's people who say well I might be inclined to vote for the use or I just don't know because I need to see more information before I can
commit that's something that we'll deal with um so and as uh Shauna just indicated uh for members of the public who are here or watching with a use variance uh there's two or three special rules that apply and the uh first is
only seven people on the board vote and it's not just uh most other things in life are majority rules but at Le for the statute for youth variance uh we need five affirmative yes votes in order for the application to uh be approved
five of the seven so Mr McKenna against that uh very convoluted uh backdrop and I'm sorry I wasn't more uh eloquent but against that backdrop at least what is your request at this point I think you
did a pretty good job Kevin no we we we would like board to on the use variance yes okay and uh Mr chairman um if the board is so inclined I can um quickly recite the the
conditions that I've at least taken down I think the conditions Kevin are based on the site plan so maybe could save them for the site plan we we we could absolutely do that I guess we would just uh at a
minimum um it would be right yeah uh in terms of the operational um so at at a minimum just real real quickly compliance with all the promises commitments and representations the team made tonight compliance with the use variance portions of the tnm associates review letter compliance with all the
affordable housing rules regulations contributions and directives necessary to obtain all outside approvals with the obvious obvious caveat that if the nature of the application of the requested relief materially changes as a result of those outside approvals further um uh relief is required for the
board and then just for the record well we have a 24mth time frame shaa with the use variance we definitely would need any not need any type of development agreement and just for the record and only because we've had uh some trouble and confusion with this in the in the in the past um not with your client but
just in general you're aware that this Zoning Board of adjustment has absolutely no authority over liquor licenses and and things like that and and you need to get that from the burrow and the state um every once in a while we'll have people come and say well we sat in a room and I got sworn and there
was a lawyer in the room so I think I thought everything was um that and I don't know though there it's place to place transfer and all that thing and then just for the record um there's not going to be uh any time where there's two liquor uh your your client will be
operating two liquor stores it's only going to be one liquor store correct yes correct um just just to um what you said uh we've already made application uh for the appropriate uh
Municipal licenses and state licenses and so we're we're well into the process we just we need to address okay and then we obviously um we have the the private hauler and perpetually maintaining landscaping and um again some of this is
going to be site related but uh in terms of the use Mr chairman I think what you all generally do when you approve a use variance is um you basically have uh what we call an intensity regulator meaning you all went to Great Lanes to
have the applicants go to Great Lanes to tell you what was going to be the intensity what was going to be the hours of operation what was going to be uh the delivery schedule the intensity of maximum number of employees on the site at one time so those would all be conditions and they would be binding on
successor owners and operators and and tenants compliance with Ada regulations um and um there's typically uh no further expansion the no two Liquor Stores um I don't I mean at some point
if the application is approved you and you move you you surrender or transfer existing license whatever whatever that phrase is um we have um let's see um private hauler and I think is it
fair to say that there's no outside storage of materials or the garbage or the cardboard is that out to inside outside it's in the trash recept okay not visible that the hours of operation would be the 9:00 a.m. to 10
p.m. with the caveat that if Municipal regulations prohibit or prevent lesser hours I mean you've got to comply uh with those regulations uh trash picked up in the rear um all right and there it's just a
liquor store there's no restaurant or bar correct that's correct and um uh we're gonna have landscaping and we'll get and there's no entertainment at the site correct and let's see uh obviously uh no interference with sight triangle
easements and and and and the county approval we talked about that um all right um you know it's it's not necessarily a condition right now but there is a um as
Mr Euro said um basically make it more welcoming but I think that's what you were going at with the the better parking and the better landscaping and um I think there was a requirement that with this use if there if the use is approved I got the impression that members of the board wanted a firm
aggressive and perpetually enforced anti-loitering process policy um and we wanted that policy address that awesome very extensive discussion perfect to be aggressively monitored and
and that's um also I think Mr Havens you talked about aggressively monitoring and arranging for employees to regularly and perpetually you know Patrol the the area and clean up after their their patrons um obviously subject to the site plan
approval being approved with no guarantees um let's see um Sean I think you wanted confirmation that the front windows facing Shrewsbury Avenue to remain and the Clans will plans will be
clarified um let's see the awnings projected in the driveway will be eliminated and then shaa uh I'm not going to be a good uh words Smith on this part but I think you wanted confirmation that the applicant is
obviously going to comply with a 20% threshold for Windows um we want it to be uh no neon lights no neon signs and uh we want the uh Windows to be frosted and it uh given the fact that well you
sort of don't want it to be your typical uh liquor store appearance as Ben said there are some uh nicer looking liquor stores and I guess sh your point is more apt in the fact that this does need a use furns and so you want that uh frosted windows and the the 20%
threshold and compliance with all compliance with the tnm windows and I think did you say no posters no okay no posters and um seanan I just had a curiosity or um Jackie any reason we
need to consolidate the three lots they're owned by the same owner isn't it all right so it's functionally merged yeah and if if not uh we'll do that and then components Ada Mr chairman
we're getting there um uh let's see snowing outside Kevin um uh long drive hour so um now are we committing to eliminating
the uh the whole front parking lot or we're just going to do that later on after yeah come back all right so that'll be and um uh let's see work with the good faith engineer and no
guarantees uh and uh when you come back submit CD renderings of what the site's going to be look like and I guess the other confirmation is as will be explained on the site plan aspect if the use variance application is approved uh with that removal of the front yard
parking lot it's going to be perpetually replaced uh with lawn and uh landscaped building front so um Mr mcken are those uh conditions generally acceptable to you and your team yeah one thing I want
to mention discussing the elimination of the parking the like I'm sorry I'm you're here we're the only ones here the we make want to keep the handicap spot in the front got it okay
we don't want to eliminate that that's important make sure we don't noted so we'll add that so anyway Mr chairman now it's up to you and the board as to um assuming there's going to be a vote on the use variance
only aspect of the proposal right okay this time would anybody like to make a motion to either approve or deny this application this D1 part of this application yeah I'll uh I will move to
uh approve the use variant the D1 application I'll second to subject to the conditions that have been noted so I'll be calling all the regular members
um everyone's here Andor yes R I just want to make a comment that I'm I'm a little torn uh from some of the comments from people who live over in that area about the concerns they have
of building a big liquor store but at the same time that building's been empty for 5 years and it needs to get something in there so I'm gonna I'm gonna vote
Yes Ken Hogan um yes B oh let go what Ray said um I'm interested to see what you guys come back with site planine was but yes on this particular case Sharon Lee I'm no
V yes and then Paul I'm no all right that was five affirmative yeah applications we need to set time for yeah just for the record Ed um if we either you're GNA have to read
notice for the site plan of course yeah okay I was GNA say you didn't want to set a time now no okay that's very good wait with a parking variance if there is a parking variant actually what we're going to do is we submit our new plans okay so you'll reti
I'm planning on doing it just like it's scratch oh that's awesome so then you can tell us what other VAR we need so everybody the same very good motion tojn all in favor sorry