Good evening and welcome to tonight's meeting of the zoning board of adjustment of the township of union which is being held pursuant to the open public meeting law C231. One, Laws of New Jersey, dated 1975. Notice of this meeting was advertised in the local source, the newspaper of
record, and notice has been posted on the bulletin board in the municipal building adjacent to the municipal clerk's office. Roll call. >> Mr. Wy >> here. >> Miss Martins >> here. >> Mr. Benovanga present. Miss Scott >> here.
>> Mr. Johnson >> here. >> Mr. McNeel >> here. >> Mr. Graves >> here. >> Miss Ricketts >> here. and Mr. Champion >> here. There being a quorum present, this meeting is now declared open. At this time, I'll entertain a motion for the approval of the minutes from our July
9th and November 12th minute uh meetings. May I have a motion and a second? >> Mr. Chairman, I move that the minutes of July 9th, I mean, yeah. July 9th and November 12th, 2025
be approved as written and dispensed with their reading. >> Second a motion. >> All in favor? >> I >> opposed. So moved. >> At this time, are there any communications? >> Uh, there are no communications, Mr. Chairman.
Then our first order of business will be the approval of a resolution. The adoption of a resolution for calendar number 3468 Patterson ID Shake Shack located at 2401 Route 22 West block 3303
L 10. Applicant wishes new signage. Board members, you've all had a chance to read the resolution. At this time, are there any board members that would like to make changes, modifications, or comment on the resolution as it has been written?
>> Seeing none, >> hearing none, may I have a motion and a second to adopt the resolution. >> Mr. Chairman, I move that the board adopt the resolution as written and as accurately memorializing previous findings of this board. >> Second a motion. >> Roll call. >> Mr. Wy, >> yes. >> Mr. Martins, >> yes. >> Mr. Bener,
>> yes. >> Scott, >> yes. >> Mr. McNeel, >> yes. >> Mr. Johnson. >> Yes. Mr. >> Champion. >> Yes. >> Continuing with tonight's meeting, our next order of business is calendar number 3469, USA Concession Enterprises LLC, located
at 1160 Springfield Road, block 3401, lot 8. Applicant wishes to add wholesale retail to the existing warehouse plus distribution. Counselor. >> Good evening, Mr. Chairman, members of the board, Daniel Federico of the law
firm Kaso Shihinian and Gian Tamasi appearing on behalf of the applicant and tenant USA Concession Enterprises LLC with respect to the proposed use at the property located at 1160 Springfield Road which is designated as block 3401
lot 8 on the township tax maps. Just to briefly introduce the project, uh the property is located in the CI zone and is presently developed with a pre-existing non-conforming warehouse distribution use um which consists of approximately 46,530
ft which is to remain. By this application, the applicant is seeking preliminary and final major site plan approval uh with use variance approval to permit the use of a hotel retail use on the property and for minor site improvements, including restriping the
existing parking area. No changes are proposed to the footprint of the existing building, so we're not expanding that whatsoever. The property has a number of pre-existing non-conformities which will not be changed or otherwise exasperated which will be further detailed by our planner um which includes the existing warehouse
distribution use. Um so the building will be operated as a warehouse distribution center with a wholesale retail with a wholesale retail use which will not be open to the general public. The applicant will only be selling goods to businesses with
wholesale business memberships, which requires a tax ID number for that business. Um, the CI zone permits retail sales and services as a conditional use in the zone. However, unfortunately, the definition does not include wholesale
retail. So, we are seeking a use variance for this new uh proposed use. Um we are also seeking two C variances for minimum parking stall length as well as minimum distance from the location of the parking loading areas which again will be further detailed by our planner.
Um I have for you two witnesses for tonight. Uh one of which is a representative of the applicant and the other is Matt Seckler who's a civil traffic and civil engineer traffic engineer and planner. Um, I've sub I've submitted the affidavit of service and
proof of publication and unless there's any questions for me, I'd like to call on my first witness. >> Fine. >> Thank you. Uh, with that, I'd like to call uh, Mr. Matt Sec. >> Uh, for the record, council, and Mr. Chairman, board members, I did mark A1, which was the application supporting
materials as submitted. Uh, A2 was the site plan from Stonefield Engineering, consisting of four sheets. Uh A3 was the vehicle maneuvering exhibit also submitted by Stonefield uh which consisted of two sheets and A4 was the traffic impact study. So we have A1
through A4 pre-marked for the record. Can I ask the witness to swear or affirm that the testimony you provide this evening is the truth and the whole truth? >> Yes, I do. >> And for the record, state and spell your name with your affiliation. >> Certainly. My name is Matthew Seckler.
That's S E C K L E R with Stonefield Engineering Design. Address is 92 Park Avenue in Rutherford, New Jersey. >> Thank you. >> And Matt, could you please give the board the benefit of your educational background and experience? >> Certainly. I have a bachelor of science in civil engineering from Union College
in Skencting, New York. I have a masters in city regional planning from Ruckers University. A licensed professional engineering professional player in the state and recognized a professional traffic operation. >> We'll accept his credentials. Um, you're familiar with the site and the proposed use, >> correct?
>> And your office prepared the site plan and the uh the traffic import impact statement that was submitted with this application. >> Yes. And I will pull that up which I think was uh exhibit A2 as referenced by boards council. >> And also if you just I think you have
one exhibit if you want to just premark that >> uh when I get it up here and loaded. Yes. I'll start with uh I'll start with A2, but I'll get to that in a second. So, again, this is A2. This was the site plan set that we submitted. I'll just
kind of orientate how to zoom in on this. There we go. Um orientate the board to where we are. Let's move it around without me touching. Uh the site that we're speaking of is the um building and property that's located at the northwest corner of
Miltown Road and Springfield Road. Um it as mentioned uh is in the CI zone. It's about 2.71 acres. Um looking back at historic aerials, looks like the original warehouse uh structure on this property was built uh in the late 1950s
and 1960s. And then in the uh late 90s they added on this area that's located a little to the bottom of this uh image uh was added on at that point. Um since that time, it looks like there's been very minimal changes to the property itself. In terms
of access points, there's one driveway along Miltown Road, uh one main driveway along Springfield Road, and then they have kind of a loop uh drop off area with some uh parking spaces that also has access along Springfield Road. Both those driveways are located as both of
the main driveways are located as far from the traffic signal as possible that exists on Miltown Road and Springfield Road. Um and um and as part of this project, which I will get to in the next slide or two,
we're looking to make minimal changes to the property essentially just to circulation and parking, increasing the parking supply from se 67 parking spaces to 76 parking spaces. Uh we will also be adding two
um oversized parking spaces that'll be able to be utilized uh and you'll hear in terms of the operations by kind of uh vans or um vans, pickups or small box trucks. We're also adding an area for uh shopping cart storage. Uh and other than
that, there's pretty limited improvements to the overall site. Uh we are adding some ADA parking spaces, although their eventual location may be slightly shifted. We've located four of them located uh closest to Springfield Road. Uh but it's likely uh a couple of
them will be located closer to the customer entrance, which is located to the rear of the site um in the area that I'm circling uh on sheet C3, a part of A2. Um just in terms I'll briefly go into operations, but you're going to hear from the operator in a second. I just
wanted to uh talk about some of these items as this uh site plan is up in front of you. Uh and then I'll also be coming back as the traffic engineer planner after you hear from the operator and hear um you know uh his plans for the property. Um you will hear that uh the operator currently has a site and uh
a business that uh operates pretty similarly to this in Elizabeth with the one exception that site uh purely operates from a wholesale uh perspective as um in terms of uh everyone makes their orders ahead of time basically online and they either pick up or the
operator delivers out to those uh uh businesses at this location. He'd like to have the ability to have a slight expansion or a change of the business to kind of open up the ability for people to come in obviously as members as part of the normal membership to come in and
uh make per purchases and see the products in the store as well. Uh obviously is that part of the business model get a little more of that impulse buying as opposed to just clicking and having the stuff delivered to you but they will still be maintaining that online purchasing uh delivery out or
pickup operations. So, they're adding that kind of portion of the business, but they are still maintaining their existing business model um with this site here in Union. Couple other items I'll mention uh because it relates to what you're going to hear from the operator. In terms of um employees, uh
the busiest shift is between 10 and 15 at the busiest shift. Uh overall, they do expect to have about 30 employees in total here. In terms of site layout, the drop off area that currently exists that has some parking on it uh that is accessed off of Springfield Road, all
those parking spaces are going to be limited to employee only. So the idea is not to have any customers kind of coming in that kind of loop area. It's actually the furthest from the door where the customers would entrance enter. So really it's clearly a great spot where we can sign those as employee only parking spaces. Um in you'll hear later
from the uh applicant in terms of the hours they intend to have this site open. Uh but from a operation standpoint, we will look to maintain the existing lighting on site. Uh the primary lighting on the site is all building lighting. We're looking to keep that as is um and not make any
significant changes. Obviously, we'll work with your board's engineer. If there's any lighting that is been damaged or or lights that are out, we will obviously replace them with the latest LED uh light uh models. Uh other than that, again, I will be coming back to discuss the traffic report we
prepared and the variances we're seeking and discuss uh how this meets the D1 standards. But I wanted to give just an overview of the property so that when you hear the operator come up and explain, you know, how he plans to work on the of the site, you at least have um an idea of which property we're talking
about. >> Are there any board members that would like to question Mr. Seckler? >> Yes. Uh Mr. Chairman, uh, the question I have is concerning, um, deliveries
where where I don't see any loading dock areas or anything indicated on the plan to show where deliveries will be coming in. >> I'm I'm glad you asked. So, off the Miltown Road driveway, there are four loading docks that are going to remain. I'm circling them on the exhibit here,
but they are located at the I'd say bottom right portion of the building as the plan's been orientated on C3. So, these are f uh four loading docks that exist today. We'll be maintaining those and that's where the deliveries coming in would be. >> Um, you know, they're not all deliveries
are going to be tractor trailer uh at his current site in Elizabeth and you'll hear in terms of frequency. They also get box truck deliveries or van deliveries for some products. Terms of going out when they are delivering to customers because not every business comes and picks up the stuff in the ch
in the cart. They may they get a recurring order and they'd rather not come to to the site. Um you know similar to what happens in Elizabeth, they will have two vehicles on site uh that they would use to deliver out. One would be like a van, the other one would be more like a car um which they would use to
deliver out to any type of businesses that um you know make their purchases online or if you make the purchase in the store and you don't have a vehicle big enough, they would obviously uh ship it out to you as well. >> So that area is going to be for uh intake only. Yes, the the four loading
docks are for intake only and the parking spaces that are located and again this is to the left of that area on this plan are also going to be employee spaces only. So we don't have any intermingling, but you will hear from the operator. They do have control in terms of when deliveries come in. And he'll explain to you when uh they're
able to limit deliveries. So you don't have high customer traffic, which again I don't think you're going to have high customers uh anyway, but you wouldn't have their uh high customer traffic at the same time those tractor trailers would arrive. leaving the site, the tractor trailers, and we did show this um within the package we've submitted,
would leave via Miltown Road and head uh towards Springfield Road because the Miltown Road bridge and heading into Springfield has a truck prohibition, so you can't send them that way. And I believe the obviously easiest route from here would be to make a right on Springfield Road and head to 22.
>> Are there any other board members that would like to question the witness? This is Rob Pansul, the board attorney. I just want to confirm you did get the Collier's letter which was dated December 2nd. I believe there were fire comments as well from uh December 1st.
Uh no problem from your engineering expertise had to satisfy the conditions raised. I there weren't many, but I know the pre-construction meeting is something that they've been finding productive and that's something they've been putting in the letters. I think it's a good idea. I assume there's
no problem with anything in any either of those letters from an engineering perspective. >> We have no issue complying with all the outstanding comments which again I think are very limited. >> Any other board members? >> Hearing none. Are there any members of the public that would like to question Mr. Seckler's testimony?
>> Hearing none. Councelor, would you like to call the operator? >> Yes. With that, I'd like to call Mazag Fek. >> Good evening, everyone. >> Can I ask the witness to swear or affirm that the testimony you provide this evening is the truth and the whole truth? >> I do.
>> And for the record, could you state and spell your name with your affiliation with the company? >> Uh, Miss Zach Fig. M A Z A G F A Y E K. I'm the CEO for the USA Concession Enterprises LLC. >> What was the position with the company? >> CEO.
>> CO. Thank you. >> And MAG, how long have you been the CEO for the company? >> Uh since at the end of the 2019. >> And prior to becoming uh CEO for USA Concession Enterprises. Where did you work? I was at the director of the
operation for a company called Midfield concession was located at Newark airport in Newark, New Jersey. I've been doing this position since uh 2011 until the 2019 when the pandemic came in and then after that I transferred to
>> and when you were there you dealt with operations and concession. I was oversee at Newark airport checking all the restaurant for the company had uh six restaurant at Newark airport and then also we have one in San Francisco, one in Boston, one in Indianapolis, one in
Minnesota. So I was oversee I check here at Newark and then when the company need me to travel to any of this airport, I go over there, I check with the manager, the employer if there is any issue, I meet with the vendor and then I make sure I meet with the airport with the concession. I make sure everything was
running properly. And the applicant is going to be the tenant at the property located at 11 uh 60 Springfield Road. Is that correct? >> I'm sorry. >> The the applicant is going to be a ten the tenant at the proposed property. >> Yes. >> Um are there any existing tenants at the property currently?
>> Currently I don't know is empty. >> And what is the purpose of the proposed application? The building does business to be a wholesale business to business. >> And the wholesale retail use, it's not going
to be open to the general public. >> No. >> Um, so you're only going to be selling these goods to businesses with wholesale memberships. >> Correct. When the business has have the tax ID and then we'll do for them the membership. When they have this membership, they can come in or they can
order online for pickup or delivery. And as far as customers ordering online, you have an existing website. Is that correct? >> Yes, we do. >> And um through that existing website, people can pick up their orders from an existing warehouse. You >> Yeah, they can order online and then
they can come in and pick it up or we can deliver it to them if they need it. >> And currently how your deliveries work, uh you have one truck and one van to provide deliveries. >> We have one truck and one van. And then if the business need more than that, we
can use a third party Um, and again, anyone from the public that wants to purchase products at this location, is this allowed? >> Public? No, only for business. >> And they need a a business tax ID number. Is that correct? >> Correct.
>> And once the businesses are registered, you'd give them a uh membership. >> Membership. Correct. >> Uh, and what kind of products do you offer? >> We offer uh food, beverage, candy, and snacks. Uh, chocolate chips. uh OTC over
the counter uh travel items whatever and again merchandise for the convenience store need >> and these are in like wholesale pack they're not like individual >> no it's a wholesale we not sell to the consumer we sell to the store and then the sell to the final customer
>> and you're not increasing the square footage of the building is that correct >> I'm sorry >> you're not increasing the square footage of the building >> no we keep it the same >> and you haven't Matt Seckler had mentioned And you have another location um that operates a similar business. Is that correct? >> We had the current location right now is
in 2252 Butler Street, Elizabeth. >> And when did you open that? >> And we took over this building in the 2021. >> And that facility is a little different because it's only a warehouse distribution facility. Is that correct?
>> Correct. Customer order online and then we deliver it to them. >> And at that facility, can they also pick up the products? They can pick up all but they cannot go inside and then pick up whatever they want. >> So is this location proposed to expand your existing facility to allow
customers now to enter so that they could >> they can come in and check the product and then maybe they change their mind they find more product different product you want. >> But you would still primarily have that website where people could order online. >> Correct. >> And then you'd also be delivering.
>> Sure. Yes, we do that. >> And a lot of your customers come pick up. Yes. >> Um, and as Matt had stated, you have um a total of 20 to 30 employees. >> It's going to be 20 to 30 employees. Yes, correct. >> And per shift though, it's only 10 to
15, right? >> Um, and how many transactions would you anticipate at any given hour? >> It's going to be 30 to 40 at the busy hours. And that includes like pickups >> as include the pickup include any customer who coming in to pick up if
they order online or they coming in inside. >> So that's not necessarily parking. It's just them coming picking up and getting >> is include everything. Correct. >> Um and the average time you expect people to be in the facility. >> I'm sorry that's >> how long do you expect people to be? uh
they can if they already know that it can take like between 15 to 20 minutes to pick up and then cash out for that >> and um your anticipated hours of operation >> uh Monday, Tuesday, Wednesday, Friday, Saturday and Sunday is going to be 6 to
6 and then Thursday we expect to be a busy day can be 6:00 to 7:00 p.m. if the business needed. >> And how many deliveries do you anticipate at this location? We expected to have like uh two deliveries a day
with the truck can be 52 or can be a 26 uh foot of the trucks >> and you could schedule these deliveries. >> We can we can yeah we can schedule we can work with the supplier or the company they can we can schedule to make sure it's not coming at the busy time.
>> And how is trash managed at this facility? We going to have uh two dumpster and then they can pick up. If the business needed to pick up daily, we going to do this one. If there's not, we can maybe pick up like four to five times a week. >> Okay. I have no further questions for
this witness. >> At this time, are there any board members that would like to question the testimony the witness has provided? >> Yes, Mr. Chairman. Um, so you stated in your testimony that um, your requirements to become a member
is you need a tax ID number. Correct. >> Correct. >> And I also heard you said you'll be issued a card. So, how would it walk me through how it works? Like, so I pull up, you come through the entrance, >> do you check my card? Do you Can you explain how the operation works?
>> All right. with the a new customer coming in to the location, they're going to go to the like customer service first and then they're going to ask you if you want to be a membership. This is going to be start at the with the new customer. So every day probably going to receive like two new customer, three, five, 10, whatever they're going to come
in. So they're going to go to the customer service. They're going to take their business name and address, phone number, and then is required to have the tax ID in order to make sure they version this product for the business. So once we get this information, we enter it to the website and then we
issue them the member card. >> Okay. So say prior to that I have my membership card already. I I just have access to the >> if you if we already do for you the membership, you can guess have access and then you >> So I I could just walk in. Nobody checks.
>> We can do like an scanner at the at the front when you coming in. >> Is that what you do or >> current? Right now we're not doing this one at the current location we have. But this is what we can do for the for the new warehouse. When you come in from the enter door, you're going to scan your card and then you go inside, take the
the card and then bring whatever you want. >> So currently how your business operates, people also are verified online. Is that correct? >> It's online. Correct. >> And they also have to enter their tax ID number before they can purchase on your website. >> Before we do any because if you log in right now to the website, you're not
you're going to be able you're not going to be able to see any price or you cannot order. You have to become a new customer and then you send your information and then we set up your information in the website and then we can let you in. Okay. Now you are a
customer and then you can order online. >> Okay. Next. Um so now now the products that you're selling how are they being displayed inside here? >> It's going to be an aisle like can be maybe aisle for candy, aisle for snacks, aisle for chocolate. There is like some
section is going to be for phone accessory. Some section is going to be for OTC over the counter. So everything is going to be break down by aisle or section. >> All right. So are you also selling stuff that's perishable that needs to be refrigerated? >> Yes.
>> Okay. And how big is that space? Uh the refrigerator we going to start with a small one probably like 2,000 or 3,000 square foot if needed to have like a there is some product on the use like naked I'm going to say an example like naked use turbic can or
this kind of thing has to be refrigerated so this probably we're going to have like in a small one >> now does the public have access to that to walk in the refrigerated area >> it's going to be by door so when they are walking in the aisle they can open the door they can pick up whatever they But the public, the general public.
>> No, general public. No. >> Has to be a business to business. >> Well, that's what I'm saying. When I say general public, I mean the person that's >> the member has >> the member. Yeah. Does the member they can open the door? >> Right. Okay. So, it's so it's basically doors and the stuff is behind the door. Correct.
>> Right. >> Okay. Thank you. >> Thank you. >> I have a question. >> Sure. >> How many square feet is allocated for browsing? Um, I go in there and I want to I want to check what products you have.
Where can I go? How many square feet approximately? >> All right. We have uh this is break down by uh 4,000 or 5,000 square foot is only for loading and loading for the the trailer when it's coming into delivery. This is not going to be for
anyone to enter unless the employees only. And then there is the 6,000 or about 6,000 foot is for the office only. And then there is we going to have like in the cash and carry area for the checkout. It's going to be about 4,000
square foot. So if you do four and four and eight. >> So that is that is the part of the browsing area. I want to come in and I want to see what kind of candy you have. >> Correct. >> It's going to be in each aisle. Once you go inside, you're going to be an aisle. This aisle one, aisle two, aisle three.
Okay. So, if you have 10 aisle, how how many square feet is that area >> for uh for the aisle >> for for people to come in? It's about like uh 25 square foot. >> 2500 >> 25,000 >> 25,000 square ft. >> Yeah, probably 20 20 to 25.
>> Okay. >> Thank you. >> Thank you. >> Let let me just interject for a second, Mr. Chairman. Um hi, this is the uh the zoning officer. So it says if I'm reading this correctly
uh from your uh from this letter uh it says 46,530 ft of approximate okay is the building itself 35,000 ft of existing building will remain 4,000 square ft will be used
for wholesale retail 4,000 7500 square ft will be used for accessory office and loading. Is this not correct? >> 4,000 for loading and unloading. That's correct. >> It says
>> approximately 7500 square ft will be used for accessory office as well as loading and unloading areas. So I guess that's divided up. 7500's divided up according to uh according to you
7500 will be square feet will be divvied up >> for for loading and unloading that's correct >> no that that 7500 also includes um >> office space 7500 ft will be used for accessory
office space as well as loading and unloading is that 7500 and 7500 cuz I believe I'm reading that 7500 divide it. >> Mhm. >> So 75 and 75 is 15,000 square foot.
>> It doesn't doesn't say that. Does not say that. It just says 7500 square ft will be used for accessory office. Do you have this? This is >> the engineering this >> but the office is already there and it is already built and then we're not
going to change anything from whatever sites we have already right now. I I think the confusion is trying to understand the retail aspect and how much of that is going to be accessible to your retail/member business
membership patrons and uh you know I think a way it might help you have an existing site correct in Elizabeth this isn't replacing that you're going to continue with that >> correct >> now you don't have this retail feature there >> no they can
>> so there's a reason Maybe if you can explain the reason you you feel you need this retail element. Are you feeling you need it in Elizabeth and you don't have the space for it? Is that a similarly size? >> Because over there we have only 13,000 square foot. >> Okay. But that's going to continue as a
warehouse. You're not getting rid of that >> for now. Yes. >> Okay. Because the majority I think the letter Mr. Monguso that's out of the application or one of the >> I was going to say I could interject because I am the one that wrote that letter. Um, our understanding is that th
this is the breakdown of the individual spaces, but the warehouse distribution use and that retail use are operating in conjunction. So, they're they're really a use together, those those three uses. And then the use that's exclusive
that no one's going to be able to access is that approximately 7500 square ft of the office space and the loading and unloading areas that no one can access. But the >> and the 4,000 is going to be the cash and carry area. That's the retail checkout >> exchange is the checkout as it were.
>> But then the warehouse distribution and wholesale retail kind of operate in conjunction. But you're still going to have that aspect and and I guess what we're trying to determine that's >> is that still going to be a predominant feature of your site. This isn't going
to flip into for your business customers to come and do retail. Even though you you got to be a business member, you'll still expect a certain amount of orders the way you're doing them in Elizabeth now. You'll do them online. they'll come and pick them up or you'll
deliver them. Some aspect of your business, if not a good percentage of your business will remain that way, I would think. Correct. >> Correct. >> You're not looking to lose that operation. You're just looking to enhance it with >> correct >> a retail element. I guess you're finding
that's necessary through your experience in Elizabeth. >> Correct. So, so the retail people will be able to enter the warehouse area, but it's still the warehouse area as it were. It's not a store. I think Mr. >> Champion was saying it's going to be a
warehouse. You know, we have visions of of walking into like a shop, right, and going up and down the aisles because that's what Restaurant Depot has become. >> And I think the concern is to make sure this doesn't uh you don't lose control of the site on the you're here because of the retail element of that, the
retail wholesale element. It's it's kind of an undefined and and and a new area. So that's what I I think we just want to be clear so I can memorialize it. Uh so we know Mr. Monguso is the zoning officer. He's also the code official. So okay, >> you know, we want to make sure we we
know what we can do in the future. >> You know, hopefully you get an approval and you're there and you prosper. That's always the goal in the town, especially for for a good business, >> but we want to make sure we have the controls. I know your your traffic engineer will probably elaborate on that a little bit, >> but I think that's the control we really need to get.
>> That's that's pretty much what but but like I said, I mean I and then you get to the 35,000 square ft of existing building which remain existing warehouse distribution. Will they be able to shop in that area >> when they walk inside? >> Well, the 35,000 square ft of it, you
know, I mean, do you have this letter >> with me? I uh I believe I can. Yeah, >> your your business retail customers will be able to enter the warehouse area. >> And yeah, is that part of the shopping? Like can I walk around the warehouse and say I want that that that
>> is when they coming in they can get this like a cart wherever if I let's an example if I need like I'm going to bring a bag of medicine or I'm going to bring a phone charger or like a case or a bag of 12 or I'm going to bring like a
case of soda. I have to get it and then put in the cart and go to the register and then pay for but they cannot like buy like individual back as a like a general public. >> No, no. And I and I understand that. I'm just saying that I see the the approximate warehouse space. I'm using
this big warehouse. There's 35,000 square ft. I'm looking at this letter as it's been it's broken up like there's 4,000 square ft of retail selling in this 4,000 square ft. Then there's 35,000 square ft. The way I'm looking at it is it's warehouse distribution with a
walk-in cooler. Will I be able to shop in that 35,000 ft as a member? >> I will say those so those two areas will be used in conjunction. So yes, >> because then it's really not 4,000 ft, it's 39,000 ft is my point.
>> But I think that's the confusion. I think the vision in the way Mr. Monguso was reading the summary. You're going to go into this 4,000 square ft retail display area as it were and check out and cashier and be able to determine you'll see some of the goods
as you said and and say I want this this and that and your your employees would be the ones in the warehouse, not the public. >> And that's that's a mistake on my part. We're not trying to limit that area. It's >> well how I I guess the question then is is I mean you're talking about limits
and controls. I I think some of those limits and controls need to be clarified just because that's the concern is to lose control of the site >> and again his primary business model is to have his customers order online. Is that correct?
>> Order online and then beside that because we have to make it clear they have to come in inside to get whatever they need and then pay for because if they going to come and then stay outside and then the employees going to bring it for them. So there's no way for them to come in. They can just order online and
then we can deliver it to them. >> But that's what's happening in Elizabeth, right? That's the way your business >> when in Elizabeth they order through the website and then they can schedule the date. They can say I needed this to be on the 5th or the 6th and then we deliver it to them. >> And you you're going to deliver >> and then pick it up.
>> You deliver it or they pick up? >> We deliver and then they pick up >> the both. And you're going to have that here too. >> Pick up. If they come if they want to come in to pick it up, they can. Right. All right. If they not, we can deliver like the way how we do like with the airport. >> Same thing is proposed in Union. You're still going to have a order online
pickup andor delivery feature non retail wholesale. >> But we this is what we need to do because we need to have the customer to have more item. They can come in and then they can check what we have and then they they pick up from the shelf or from the rack
and then they check out and then pay for it. Well, the M Mr. Pansul the the point I'm trying to make is it's really not 4,000 square feet of retail. It's 39,000. >> He's clarifying that, right? So that definitely >> I mean that's a big restaurant.
>> Yeah, I think that's I mean can you estimate or or through this proposal how much of this business model will remain as wholesale like your Elizabeth site is operating? you know, do you see, you
know, 50% of your business still seeing people ordering online and coming and and doing what they have to do the way they're currently doing it? I mean, you're obviously seeing a need to add this retail component because you don't have it in Elizabeth, >> correct? This is the main why we get
this this bigger space, >> right? to have more option for more transaction or more customer to coming in and then you know a lot of time you don't want to buy all the stuff from online you would like to come in in to visit and then see the item in front of you can you check the expression date
you can set >> yeah I know that that that's the way the normal shopping experiences and the retail experience I think that's part of the concern here because you're there on the on the wholesale on the warehousing feature and I think we just want to be
clear it seems like we're not clear >> on on confirming that that wholesale distribution aspect is going to still be the main part of your business >> according to this according to this it wouldn't be >> well the way that explanation just came in it wouldn't according to that it was
>> you have a small portion as distri warehouse >> and 80% of this is is retail and that's the same thing as >> would you be able to consider it seems to me what I think what what has to happen along the lines the way that
narrative went in is I mean you you can put limits and and be able to uh try to control a little better the public going into these warehouse areas. I mean >> I mean that that's the only way I could
see it if that's a concern. I mean I don't vote and Anthony doesn't vote. Maybe the board can weigh in on it but I don't know. I think maybe a maybe a floor plan of the the intended use of the space. Uh where this refrigeration area is uh and obviously the storage
area behind these doors, that's going to take up some area, the area where your racks are going to be, not necessarily what's going to be on the racks, but where the racks are going to be and where the storage is going to be for those components. Maybe a plan showing that may eliminate some questions
>> because what I remember when we talked me and the lawyer or the who the person who is doing the breakdown who do the loading and the loading area is going to be about 4,000 square foot. The cash and check out is going to be about 4,000 as
well, 5,000. And then the walk-in cooler is going to be uh like 3,000 square foot. And then we still have the offices base is I believe over 6,000 square foot. So basically there is like only 50% from the warehouse is going to be
used for the customers. >> I think I think there needs to be some clarity on this. You know I don't I don't even think I don't even think the engineering department they took it the way I took it >> that there's only 4,000 square ft of retail space area. This is what I
believe this is what they mean by the checkout for the 4,000 >> like we were taking that one component out of it to calculate it not have that be >> no I think they what they what the Mr. Monguso is believing, it sounds to me,
you can correct me if I'm wrong, you would walk into that 4,000. You, the retail business customer, would walk into that 4,000 or so area and say, "Hey, get me two boxes of this, this, and that out of the freezer." That you, the applicant, would go get that stuff
out of the freezer. not to have them be able to traverse the warehouse and shop for this. Get I know they want to see certain stuff, but >> but it's not going to go inside the walk-in cooler. Everything they're going to need, they're going to just open the door. >> All right. So, they won't be able to shop into that part of the >> No, they're not going to enter inside.
>> I mean, I think that's what we're trying to get a handle on what they can and can't shop around. >> You know what? It's to be honest with you, it's very hard. >> They're not going to enter inside. >> And we can certainly get you a floor plan and provide some more clarity. I mean, I think that to to Mr. McNeel's
point, I mean, I think the only way >> is it is it broken down into >> you go to like Baz or Sense Club or Costco, you see all the walk-in cooler with the doors outside and then you open the door, you bring a bag of chicken or whatever you need from the door and then
you close it. That's it. But there is no one able to go inside the walk-in cooler. >> You you're familiar with restaurant depot, right? Where right where it is, your neighbor? >> I do familiar. >> Okay. I mean, that's I think that's the the sounding board which is leading to some of the concern. >> The restaurant and DBD allow the
customers to go inside the walk-in cooler. >> Not just the cooler though, the warehousing part too. >> You could walk up and down those aisles. >> I get it that there's there's glass doors fully >> walking cooler as well. >> They they do. >> Okay. >> And you could do that. You could walk in there
>> into the cooler >> and >> into the refrigerated area. Okay. >> We could certainly get you a floor plan and provide better clarity with the narrative. might be the way >> because I think there's some confusion. >> Would you like to adjourn tonight's meeting >> is going to be available to those members? That's the question.
>> And I again I think how I wrote it, we were trying to take out spaces and >> and >> like show what each space was, but a lot of them are going to be working in conjunction, >> right? >> So, we'll definitely get a floor plan and write this a little differently so
that it's clear, >> right? I don't I certainly don't think it's deceptive or intentional. I think what it is is you hear the concern is >> okay >> hitting that area with too much retail and that's uh we're not sure it could sustain it and that's that's really the
the draw. Um so I that makes sense to me. I mean if you're willing to do that council I don't know what your timetable is in terms of your operational issues you know and it's three weeks before Christmas and everything else but >> um we could certainly do that. I know
Matt Seckler has something to say too. >> Yeah that's that's where Yeah. No, I'm I'm not cutting you off. It's just we're just trying to get >> He's the traffic He's the traffic expert, right? >> Yeah, he's traffic. >> He's traffic and planner and engineer. So, >> the only other thing I wanted to add um Mazog primarily now
approximately 50% of your customers are your airport >> airport customers. Correct. >> And they order online. Is that correct? >> They order online >> and you deliver to them to pick up. So that's 50% of your customer base currently >> is not coming and >> no airport. No, they just order online
and then they receive their order. >> And would you expect that same business model to carry on here? Would you expect them to are you going to still expect to deliver to them and they're going to order online? >> Yes. This this is our main customer is going to still the same. >> So approximately 50% of your customers
are still going to order online. They're going to deliver to them or they're going to come pick up. >> Correct. >> And not enter. >> No, they're going to order online. >> So I have no further questions. >> Yeah, that that's helpful. That's what I was hinting at. See, that's helpful to hear that.
>> And if you could translate a a site plan, a floor plan, not a site, the site plan you have through Matt, uh, but we don't have architecturals. You don't need it. You're not renovating, but but maybe the floor plan to say this X amount of square footage is just going to be warehouse. The public is not going
in there. I mean, I think that'll alleviate some of the concerns that Mr. Certainly Mr. Monguso has. I assume certain board members would have the same concern. >> Would you like to continue >> with the traffic expert? >> Yeah. >> And then maybe adjourn tonight's meeting
and we'll >> we'll check the calendar >> for a date. >> Absolutely. >> I I do have just one other question and it's probably for the for the uh traffic engineer and the engineer. Uh, Mr. >> So, if you're ask >> Yeah. Well, I'll ask you. I mean, it's
Well, are we done with the representative? >> Well, are there any other board members that relate the question to testimony that the witness has provided? >> I just have one question, Mr. Chairman. How many members would you say you have in Elizabeth? Currently, >> currently, I know about 100.
>> Okay. Thank you. >> Any other questions? >> Hearing none, are there any members of the public that would like to question the testimony this witness has provided? hearing none. Councelor, >> with that, I'd like to recall uh Mr. Seckler.
>> Thank you. >> Still under oath obviously and already qualified. >> Thank you. Um I I'll get into traffic testimony. I think some of it also is related to this. I was looking up uh trying to figure out how big the restaurant depot is and you know
obviously I think Restaurant Depot national brand. I think there was over 150 stores nationally and the you know the store in Springfield looks to be 100,000 20 I think it's 120,000 square feet with 100,000 being related to the like nonoffice area. So again I was looking
at it from a use perspective. It's similar to like a Shopright compared to that new leafy basket place that's on 22 westbound I think you know in terms of you know the scale between our site which is a you know I'm going to say mom and pop a kind of local business owner
working at a site that you know not knowing the breakdown and again I think that definitely makes sense the board wants to see that breakdown at you know you know 46,000 square feet compared to 120,000 square feet national brand next door so again just you know I think the business model and market is different
you Just in terms of the frozen food or refrigerated foods, you know, this is an operator that, you know, is intending to utilize, you know, his current business a lot, as you could hear, is convenience type products or things at the airport, you know, the the phone chargers and the
the um the juices and and and the, you know, the over-the-c counter medicines and things like that. So, again, I do think it's a little different of a business model compared to, I think, what Restaurant Depot has in terms of their expanded kind of sales. Uh but again I I just want to kind of put in the record in thinking about also from a
traffic point of view you know the size of the the building and the name brand is is very different uh between the two. Um but from a traffic perspective we did uh prepare a traffic impact study and included traffic counts on Tuesday May 20th 2025 during the morning and evening
peak hours. at 7:00 in the morning to 9:00 in the morning and 4:00 p.m. to 7:00 p.m. as well as on Saturday, May 17th, 2025 from 11:00 a.m. to 2:00 p.m. And during those time periods, we've counted the number of cars, pedestrians, bikes, anyone that went through uh the
intersection of Springfield and Miltown Road. Um, you know, we did analyze uh based on the amount of traffic, we expect our site to be generated in the busiest hour. To do so, we utilize the Institute of Transportation Engineers trip generation manual. they have an
actual land use code for wholesale market. So again they basically you know obviously as we just kind of I was alluding to every wholesale market may be a little different but based on their definition of wholesale market uh we'd be expected to have during the busiest
hour a building of this size uh about uh uh 20 customers in the busiest morning hour 40 customers in the busiest evening or Saturday peak hours. Um, so again, I think when you heard the operational testimony from the applicant kind of
lines up to what the IT, the national numbers are saying, uh, but again, uh, with 40 trips or 40 customers in an hour, it's not going to substantially overload the intersection based on our analysis. Um, I do think this site does benefit that the access points are as
far from the signal as possible. I do know that signal does get backed up, especially in rush hour times. We can't have our driveways any further than they are today from the signal or else they'd be on someone else's property. So, we put them as far away from the property as possible. Terms of parking in the site, I don't believe we're seeking a
parking variance, we're actually adding parking spaces compared to what's out there today. Um, and if you kind of break down the numbers in your head, even if all 40 customers are parked at the same time and they all arrive at the same time and they're occupying 40
spaces and our, you know, 15 employees are out there and they're all occupying spaces, we still have sufficient parking because we have 76 parking spaces on site. So, I do believe we have sufficient parking for this site to operate based on the national numbers, based on the applicants numbers, and
their expected employee numbers. But I do think the other aspect that's really important here is the fact that this is a business coming from a delivery centric or kind of wholesale pickup only centric. Uh so again I if I was the airport why would I want to drive or have people come down here to drive shop
the store park when you already have an established relationship where you basically just you know send your order and and gets delivered to your I guess the secure areas of uh of Newark airport. Um, so again, I do think that's one of the benefits here is having an established online relationship. You're not going the other way. You're not
going and trying to convince people, hey, instead of coming to, you know, Shopright, why don't you order order from home? This is really what his business has been doing all along is is really the delivery or order ahead type model. So, I do think that's a benefit from a traffic point of view for this
application. So, again, we did do a traffic impact study. I don't believe there's any technical comments in the Kier's letter related to the traffic impact study. Uh but obviously here to answer any question any questions and obviously sounds like we'll be back again as a planner uh at the next
hearing when we unveil the uh the interior floor plan. >> Are there any board members that would like to question Mr. Seckler's testimony? >> Mr. Mr. Sec, would you you would agree though if there's more of a retail flare here that that may at least impact the
numbers of expected parking spaces. And I don't know the answer as I sit, but but I I think if if for example, as Mr. Mongusa was hinting at, if Collier looks at it with an expectation of 4,000 square ft of retail when in reality it's 44,000 ft of retail, you still might
have enough parking. But we would need the board would need to know that. >> Absolutely. because he has a business now in Elizabeth that has delivery wholesale only. So, he's adding this retail feature for a reason. Either his current customers are telling them they want it or he's
looking to expand and get more customers. He's doubling the size of the site. You know, he's making an investment. That's all good. You know, like I said, Union is a businessfriendly environment. I've sat here for decades. I can tell you that in no uncertain terms. But you got to make sure you have
the traffic and the public's uh imposition of safety in mind. And this site, unfortunately, and I know we can't, if this was a conforming site, we wouldn't be having this conversation, but because it's a D1 on this retail flare,
>> uh, you know, I hope you understand the significance as we sit and I think we we just want to get to the bottom of it. I don't think it's something that >> AB. Absolutely. And and again, I think obviously the board should uh feel comfortable with that. I will say in our traffic impact study, we utilized the full size of the building in doing our
analysis. So the to come up with how many trips this site would generate, we used 46,530 ft. Uh and using that definition of wholesale market. Again, wholesale markets, you know, by definition typically are that mix of wholesale and
retail. I don't, you know, the unfortunately it doesn't tell you each sample site, you know, what the breakdown was. Was it 50/50 9010 between those uses? Uh but we did include the entire building in that calculation. That gave us that basically 42 customers
an hour. Uh so again when I'm looking from a traffic perspective I want to you know correlate that to parking that would be even if every customer was there at the same time or there for a whole hour which again you heard from the operator is not really how every you know customers are there for 20 minutes
or so. Um, you know, that's, you know, I I feel comfortable with the parking number based on those IT values. But again, I I completely understand the board needs to see how that interior of the building is going to be uh um you know, split up in order to feel comfortable with the application.
>> I just have one other quick uh quick question and I'm sure >> uh the entrance on Springfield Road uh Springfield Roadside that's an in only correct >> that will be an in only. Right now, the parking spaces are aligned that way. I didn't see the evidence of any signage
that indicated that, but we would install whatever signage is necessary. >> No, I mean, if somebody does go out that way, there should be no left turn. >> Yeah. >> Should only be a right. >> It doesn't because of the way the parking is, there's really I wouldn't want anyone to go out that way because then they're going to try to get into a parking space. And
>> so, I have no problem installing do not enter signs at the bottom of that aisle so no one tries to come out that way >> cuz Restaurant Depot across the way. They they try to do that. They cut to the left when it says no left turn and that the police grab them. >> And I also think it's a benefit again because of the board's concerns with
Restaurant Depot. If we do have, let's say, conflicting peaks, our traffic's coming out to Miltown Road. All our exit traffic to Miltown Road. They get in off the traffic light. They're not competing with some drivers in our middle of the street. We have the traffic lights.
>> That is true. That I that I will agree to. I understand. Any other board questions? Hearing none. Are there any members of the public that would like to question Mr. Secller's testimony?
>> Hearing none. >> Councelor, so are we going to adjourn? Do you want to adjourn and we'll pick a date? Yes. >> Or >> and carry the notice. >> We'll car Okay. But do you want to do it without date or do you How many weeks do you need or how many? >> Well, let's Yeah. Council, what do you
think? I mean, I we want to try to be accommodating to you. I know you're I I'm sure you have a contingent tendency. >> You don't own the building, you said, correct? So, it's not But you you you want to get in there at some point. >> How fast can you get get it?
>> How how fast can you for >> Fortunately, this board meets every week, but we're three weeks before Christmas right now. So, we were already scheduling into January on some other matters. But what what do you think? What do you think? >> Your January. What are your January dates?
14th, 21st, or 28th. >> Which one has the bigger case though on there? Any of them? >> I would say the 14th. >> I would say the 14th. >> No, we don't have to notice. If we if we pick a date tonight, we can announce it. So then you wouldn't have to renotice.
>> I think we'll take the January 14th. If if if we need additional time, we'll give the board advance, >> right? I mean, it's not realistic to try to squeeze it. I mean, we have a December 17th, which is kind of >> No, we're not la time, but >> we would get you in if you
>> Yeah. No, I I think we want to put enough we want to put effort into the floor plan so the board is satisfied. >> So, we definitely need a January date. So, the 14th would be great. Why don't we do that and then if we encounter additional delay we can convene and further delay it. I have no problem with
that because your your expert has three hats. So that's probably a good thing that Matt >> um the only other question are all the board members going to stay the same for January or do you >> That's a good question. If they don't I
will make sure that we do get the review to get you a full complement of members. That's a good question. As of now, I don't know who's up and who's not. I I expect everybody's going to be back. >> I expect I'll be back. I mean, I don't know. >> We're good that with the 14th.
>> Okay. So, what we're going to do is we're going to adjourn tonight's meeting. We're going to carry it for a continued hearing without a reno. You don't have to renotice. And the date will be January 14th. At this time, can I have a motion and a
second to adjourn tonight's meeting and carry it for a continued reading on January 14th? And that's calendar number 3469, USA Concession Enterprises LLC. May I have a motion in a second? >> Uh, Mr. Chairman, I'd like to make a motion
uh for calendar number 3469, USA Concessions Enterprises LLC, located at 1160 Springfield Road. Um, we're going to carry it over to January 14th, 2026 with no further notice. >> Second a motion.
>> Roll call. >> Mr. Wy, >> yes. >> Martins, >> yes. >> Mr. Pente Vega, >> yes. >> Scott, >> yes. >> Mr. McNeel, >> yes. >> Mr. Johnson, >> yes. >> Mr. Champy, >> yes. >> Thank you very much. >> Just for the public's benefit, too, that's at 7:30 in this room. It's a
normal meeting night of the board council. Just for the record, I do ask that you acknowledge that you wave any time constraints that might confront the board to realize the adjournment. So noted for the record. Thank you, >> Mr. Chairman. There being no further business coming before the board this evening, I move we adjourn.
>> All in favor? I