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 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 municipal clerk's office. Roll call. >> Mr. Wy >> here. >> Miss Martins >> here. >> Mr. Bentega >> here. >> Miss Scott >> here.
>> Mr. Johnson >> here. >> Mr. McNeel >> here. >> Mr. Graves >> here. >> Miss Ricketts is not present. And Mr. Champion >> present. 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 September the 10th and October the 22nd. I have a motion and a second. Mr. Chairman, I move that meeting minutes of September 9th and October 2nd
be approved as written and dispensed with their reading. All in favor? >> Opposed? So moved. >> Mr. Monguso, are there any communications? >> Uh, yes there are, Mr. Chairman. Uh, I received a letter from Ay Strauss, the
attorneys for calendar number 3463, CFR Development, uh, Development LLC. Uh, that's 1307 Styverson Avenue that, uh, council will address, um, once we call that that council. >> Thank you, Mr. Monguso.
Continuing with tonight's meeting, our first order of business will be the adoption of a resolution for calendar number 3465 Marco and Ariana Vase. Location is 411 Lum Avenue, block 16, lot one, and it
was for decking around the pool with insession setbacks. 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 comments, changes, or modifications to the resolution as it has been written?
Hearing none, may I have a motion and a second? >> Mr. Chairman, I move that this board adopt the resolution as written and is accurately memorializing the previous findings of this board. >> Second motion. >> Roll call. >> Mr. Wy, >> here. >> M. Martins. >> Yes. >> Mr. Pentagon? >> Yes.
>> M. Scott? >> Yes. >> Mr. Johnson? >> Yes. >> Mr. McNeel? >> Yes. Mr. Champion. >> Yes. Our next order of business is calendar number 3468, Addison ID, Shake Shack, location. >> Why don't just not to go out of order,
Mr. Chairman, but the second case is going to be in a German to the extent there's people from the public. Why don't we go out of order and just call that case and I'll make the announcement. >> Thank you, councel. Okay, so our next order of business, we're going to change things up a little bit. It will be calendar number 3463
CRF Development LLC. Location is 1307 Stason Avenue, block 2210, lot 41. Applicant wishes to construct a three-story 13 unit residential building. Uh yes, Mr. Chairman, Rob Pansul, the board attorney. As the
secretary referenced, there was correspondence from the applicants council. Uh they and I have had conversations with council as well. Uh they wish to adjourn tonight's case. It will not be heard. If anybody's here for the matter of uh 1307 Stson Avenue, it's
going to be adjourned until the board's meeting, regular meeting night in January, January the 28th at 7:30 in this room. It's a regular meeting night for the board. Uh we anticipate that the applicant may make some modifications to
the site. You should stay in touch with the building department and you could be aware of any modifications uh anytime prior to that January 28th uh 2026 new date. So the the the reason was for modifications. I think that's a
typical reason that we accept a German request rather than getting started and and looking to make changes on the fly. So I think we need a motion and a second to carry uh the matter without further notice. The applicant has waved time constraints confronting the board
legally uh in the correspondence reference in the communication with the >> Mr. Varo. Do you have any comments or like to say anything or just do the motion? >> He's not on that case. He's >> Oh, you're not on that case. I'm sorry.
>> Well, can I have a motion and a second to adjourn the case? >> Uh, Mr. Chairman, I'd like to make a motion for uh calendar 3463 uh CRF Development uh LLC 1307, Stson A
uh requesting that we move it to January 28th, 2026. Uh with no further nerds at 7:30 in this uh room. Second a motion. >> Roll call. >> WY. >> Yes. >> Mr. Martins. >> Yes. >> Bente. >> Yes. >> Mr. Scott?
>> Yes. >> Mr. Johnson? >> Yes. >> Mr. McNeel? >> Yes. >> Mr. Champion? >> Yes. >> Just for the public's benefit. If you're here tonight for that case at 13 uh 07 Stson Avenue, it's not going to be heard tonight. case and be heard January
28th, 2026 at 7:30 in this room. You will not get further separate notice unless there's new variances or something that would prompt that. Uh please, if you're here for that case, stay in touch with the building department. As we get closer to the date, they can update you accordingly.
Continuing with tonight's meeting, our next order of business is calendar number 3468, Addison ID, Shake Shack. Location is 2401 Route 22 West block 3303 Law 10. Applicant wishes to install
signage. Mr. Paparro. >> Thank you chairman, board members. Joe Papero from Porzio Brambury and Newman on behalf of the applicant Patterson ID for Shake Shack. Uh this application involves the Union uh shopping center, Union Plaza Shopping Center at 2401
Route 22 West. Um, just before we get into the testimony, I wanted to just talk briefly uh a bit of context and history for this site. Um, a few years ago, the shopping center went before the planning board uh for renovations to the shopping center and new pad sites uh at
the location along Route 22. As part of those upgrades, the uh location of where the Shack Shake Shack is u has been built uh was approved. Um, prior to Shake Shack, the pad site was uh occupied and utilized by Habitburger
Grill. Um, Shake Shack is now the new tenant in that space. Habitburger is no longer uh occupying that that location. Um, and what we're here before you this evening requesting approval for are uh wall signs uh for the Shake Shack. It's
the construction's near complete. It's my understanding that they'll be opening uh sometime in December. Um and we are here asking for variance relief to allow the installation of wall signs uh on the building. Uh in addition to the wall signs, uh part of Shake Shack's branding
and logo involves um window graphics and based on your ordinance, those window graphics could be considered a sign. So we've added those window graphics to our request this evening. Um, I would note that and you'll see from the presentation and the testimony
uh that what Shake Shack is proposing is very consistent with the signage that Habitburgger utilized at this location before they they left. So, uh, we feel it's consistent with what was has was previously approved and installed. Um, obviously Shake Shack's excited about
locating uh at the shopping center and uh they are moving forward with the installation of the one main entrance sign which is an as of right sign doesn't require any variances. Uh we're here for the two additional wall signs
and those window graphics. Um, for witnesses this evening, I have Nicholas Graviano, our planner, uh, who will address the variances. Um, and talk in more detail about the sign installation, including the window graphics that Shake Shack uses at, uh, its locations. Um,
and we'll get, we did receive the report, uh, from the board engineer. We're prepared to, uh, respond to those comments and recommendations. Uh, so uh, chairman, if there's no preliminary questions, I'd like to move right to Mr. Graviano's testimony.
>> Yes. Uh, 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? >> Yes. First name Nicholas with an H. Last name Graviano. G R A. V is in Victor. I A N O. I'm a planner and partner with
Graviano and Gillis Architects. >> We'll accept your credentials, Mr. Graviano. >> All right. >> Thank you, Chairman. >> Thank you, Chairman. Uh before we get into any testimony, we do have the signed detail packet um that we're going to display to you. It's the same packet of sign information that was submitted
uh in support of our application. Uh we have uh an additional exhibit that Mr. Graviano will uh introduce before providing testimony. Uh what's on the screen now is the uh exact signage package that was submitted to you. Um
Mr. Mr. Gravian, before you give any testimony, if you could just reference the sheet number you're on, so that the board can follow. >> I did. I did for the record, Mr. Papar A1, the original submission, which was the application with that application with that signage package. So that is A1
for the record. So if we deviate from that, we'll pick up from there. >> Thank you, Mr. Pans. >> So the whole package is A1. >> Yeah, as submitted. >> Certainly. >> Okay. As Mr. Power indicated his introduction. This is a variance request
for signage for a piece of property at block 3303 lot 10 shred address of 2401 route 22. Essentially what the applicant is doing this evening is replacing three wall-mounted habit burger signs with three habit three wall-mounted shake
shack signs. The wall mount sides are pretty much a direct replacement. where much of the relief request tonight comes is from the uh window graphics that are going to be placed on the windows and I'll get into that in further testimony. I would like to note that the window
graphics are being proposed because they are covering back of house items in the floor plan. That's not part of the operation where it'll be the dining or public operation. This will cover the kitchen and other employee areas from public view. It also provides screening
from from sunlight to help climate control within the space. Moving on to the sign package, you know, we're all familiar with the shopping center. Shake Shack's located on the pad site at the former Habitburger location uh pretty much right on Route 22.
Um you know, all the various stores from the shopping center indicated here. Here here is the proposed uh shake shack fronting the highway. So the three wall-mounted signs will be on the corner of the building uh from
the parking lot as well as the rear the rear employee entrance. Those are all the wall-mounted sign locations. Um you'll see them here on the building facades. Uh sign A is the corner of the building, sign B is the corner of the
building, and then sign C is the rear employee entrance to the building. Um a as you noticed, these facades were designed to accommodate signage in those locations. One sign per building is permitted by ordinance. The applicant is
proposing three wall-mounted signs, which is consistent with the existing uh configuration from the habit burger. Moving on, the applicant proposes the window uh graphics. Uh the relief for the window graphics is the signed
ordinance uh limit signs to 50 square feet. All the wall-mounted signs meet the ordinance size requirement. However, considering that these are graphics on the full window, you calculate the full size of the window. The one window is 74 square ft. Uh the other window is 130
square ft, which is in excess of the 50 square ft requirement. Additionally, the last variance being requested is that the ordinance requires a sign mounting height of a minimum of 10 feet. Uh the windows go closer to the ground, so the
10 ft for the signage uh isn't met. Here's the one window graphic sign. And here are the other two, the ones on the secondary uh window in the rear of the building as well as around the employee entrance door.
The wall-mounted signs will be internally illuminated. In terms of illumination, the illumination is is on the lower end of the illumination scale. As the sign company indicated, these are going to be at 3500 Kelvin, whereas the
a frequently used Kelvin is 7,100. So, this is the lower end of the scale at Shake Shack branding scheme to have modest lighting and not intense lighting on their signage package. Just to give you uh would you like >> Yeah, Mr. Mr. Graviano, I know just
before you move on, um in consultation with uh the Shake Shack representatives, it's my understanding that signs will only be illuminated during restaurant hours. Correct. >> That is correct. >> And taking that further, my understanding is that the restaurant hours, the anticipated hours are 10:00
a.m. to 10 p.m. with a potential of 11 p.m. during the weekends. >> Yes. Uh just to put the window film or the window graphics in better context, here's the larger window film variance request. As you can see, it's the
kitchen prep area. It's not the dining area. Um and as well, this the secondary areas uh on the back of the building uh also covers uh back of house items. So, it won't be covering the windows of the
patron dining area. >> And Mr. Mr. Graviano, I think we need to mark the floor plan that was not included uh in the package. Mr. Pensula, we can mark this A2. >> A2. >> Thank you. So that that is the application in a
nutshell. >> But before we Mr. Gravian, did you want to just we I believe we have the Habitburger um just what what the sign package that Habitburgger utilize. If it's in is it in the package there? >> Uh no, it is not.
>> Okay. >> But you >> the Habitburgger signage is consistent with the >> you reviewed what? Okay. You reviewed the Perfect. Thank you. >> Now, unless the board has any questions on the signage, I'll give a quick planning proofs for the variances. Are there any board members that would
like to question Mr. Graviano's testimony? >> Yeah, I just have one quick question. Mr. Graviano, that graphic is is Can you go back to that one? I just want to Is that the front of the building or the side? >> Which uh
>> uh I guess it would be D G2 and um G3. >> G3. G3 G3. Okay. >> Yeah, that's the >> G3 is you'll see it on the um
proposed signage B right here. >> Okay. No. Um that's the window graphics. >> Yes, there's one there and then there's two in the rear of the building here. So, in this in this exhibit, it's B and C where the window graphics would be.
>> Okay. And okay, no, I'm just trying to just wanted to see how much of it faces uh Route 22. >> So, all right, got it. And that's the whole entire window.
>> Yes. >> Okay. Um All right. Okay. I just So the G3 is is on the let's say the westbound side. >> Yes. >> Yes. >> It's on the west elevation.
>> The the westbound side, >> right? Yes. >> Okay. And then the other two were on the eastbound side and the back. >> West and east elevations. Yes. >> Correct. >> Okay. I just just wanted to make sure that wasn't the front. I just for for purposes of of visual and safety I was
just concerned about if you can >> Yeah. Uh you'll see the labeling. It's it's small but um you know it's tough for me to see but it's on there. >> Okay. >> So Mr. Graviano, we are requesting um variances for the number of wall signs.
your testimony uh this evening was that the wall signs individually all meet the area requirements of the code, but the code restricts uh wall signs to one. The proposal is to have three in total. Um and you've provided testimony regarding the existing configuration with the
tower element uh architecturally would support uh three wall signs typical to what Habitburgger utilized. Correct. >> That is correct. You noted in your testimony that we are requesting variances for the graphics, the window graphics, both for the total
area of the graphics as well as uh the height of those graphics. In your professional uh planning opinion, can you just describe um any detriments that you see or benefits by having those graphics as designed? >> Certainly. Yeah, I think uh with this
application, the variance request for the quantity of signs as well as the size of the window graphics and the height of the window graphics, all three of those variances could be granted under the C2 criteria, whereas hardship need not be demonstrated. What must be
demonstrated that it relates to a specific piece of property? Here you have a specific piece of property where the facade was designed to accommodate this signage. Um the purposes of zoning, purpose a promotion of public health, safety and general welfare through the
window screening which helps climate control uh inside the kitchen and employee areas of the restaurant. Uh that's purpose A. As well as purpose I a desirable visual environment through creative development techniques and good civic design and arrangement by
screening the back of house items from public view. Um certainly advanced purposes A and I of the municipal land use law. Certainly there's no substantial impairment to the zone planner zoning ordinance with the granting of the signage. And you had an opportunity to review the
reports from the U township engineer as well as the police and fire. I believe police and fire had no comments on the application. Um but the uh engineer had some comments and you've reviewed those and have no objections. applicant has no objections to meeting any of the comments.
>> Uh chairman, uh that's all we have on direct with for Mr. Graviano. >> Are there any board members that would like to question Mr. Graviano's testimony? Hearing none, are there any members of the public that would like to come forward and question Mr. Graviano's
testimony? Hearing none, counselor. >> Thank you very much. Yes. Thank you. Thank you, Mr. Graviano. Um, we have no further witnesses. Chairman, >> would you like to sum up or >> Sure. I'll just be very brief. Um, as Mr. Graviano noted, the this building uh
was designed for a another tenant. That tenant had similar signage configuration on three sides of the uh architectural tower for the construction. Really, what this application is is just having a rebranding since Habitburger's no longer
a tenant. Shake Shack is taking the location and really putting their signage where Habitburgger's signs uh existed previously. All three wall signs are in compliance with your code, both area and height. And really what we're here for are the number um and the wall
graphics uh the window graphics, excuse me. Um and Mr. Graviano noted that based on the floor plan, uh those window graphics will hide back of house such as kitchen. If you looked at the floor plan, it also hides the manager's office. Um, some of
those internal workings of a restaurant where having a, you know, a window that people could look into really is not the best approach. So, uh, Shake Shack came up with these graphics to, uh, hide the back of house, so to speak, and to again
shade it from the sunlight and provide some climate control indoors. Um, Mr. Grabano has not identified any negative attributes from adding the signage. Um, and based on the testimony, we would respectfully request that you approve the variances that we've asked for. Thank you.
>> Thank you, councel. At this time, I believe we can counsel this. Mr. Bentegna, would you like to begin, please? >> Um, sure. Thank you, Mr. Chairman. Um, based on Mr. Graviano's testimony, like he said, um, the signs that they're requesting are, uh, are existing. I'm
just replacing the old ones uh with the window graphic signs. Um like they said, they're used for various regions for privacy and climate control. So I see no issue with this application. I'll be voting yes. >> Mr. Johnson,
>> I agree. The testimony uh was very good and also um haven't been in the restaurant business before. You don't want people looking into your office and in the kitchen. It's for safety and additionally. So I too will be voting yes. Mr. Chairman, >> Mr. Graves,
>> I concur with my colleagues and I will be supportive of the application. >> Miss Martins. >> Thank you, Mr. Chairman. I'm in favor of this application. I will be voting yes. >> Mr. Wy. >> Yes, Mr. Chairman. I agree with my colleagues as well. I don't see anything negative about this application. I think
it's a good application and I'm going to vote yes. >> Mr. McNeel. >> Uh, thank you, Mr. Chairman. I would also agree. Um there are no apparent detriments associated with this application. Uh so I will be voting yes. >> And Miss Scott, >> thank you. Yes, I agree with my
colleagues and I will also be voting yes to the application. >> As for myself, the proposed signage will not have any negative impact and actually it will help the applicant to it will it enhance his uh business. So I too will vote yes for this application.
At this time, can I have a motion and a second to grant the application? >> Mr. Chairman, I move that the board grant the variance applicable to this application and the council is directed to prepare resolution consistent with the board's decision. >> Second motion. >> Roll call.
>> Mr. Wy, >> yes. >> Mr. Martins, >> yes. >> Mr. Baga, >> yes. >> Mr. Scott, >> yes. >> Mr. McNeel, >> yes. >> Mr. Johnson, >> yes. and >> and Mr. Champion. >> Yes. >> Thank you very much. We appreciate your
time and consideration this evening. >> December 3rd will be the resolution of approval. December 3rd. >> Thank you, >> Mr. Chairman. There being no further business coming before the board this evening, I move we adjourn. >> All in favor? I opposed.
So moved.