You tell me when, sir. You good? Okay. 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 the municipal clerk's office. Roll call. Mr. Riley here.
Miss Martins is absent. Mr. Bentega is absent. Miss Scott is absent. Mr. Johnson here. Mr. McNeel here. Mr. Graves here. Miss Rickettts 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 July 16th meeting minutes. May I have a motion in a second to approve this these minutes? Mr. Chairman, I move that the meeting minutes of July 16th be approved as
written and dispensed with your reading. Second a motion. All in favor? I opposed. So moved. Are there any communications, Mr. Mangusa? Uh, Mr. Chairman, there are no communications at this time. Hearing none, our first order of
business this evening will be the adoption of a resolution for calendar number 3458. Richard Vampelik, location is 423 Konad Avenue, block 304, lot 21. Applicant wish to install a pool with insufficient 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 comment, make changes or modification to this resolution as it has been written? Hearing none, may I have a motion and a second to approve the resolution?
Mr. Chairman, I move that the board adopt the resolution as written and as accurately memorializing the previous findings of this board. Second a motion. Roll call. Mr. Wy, yes. Mr. McNeel, yes. Mr. Johnson, yes. Mr. Championy.
Yes. Our next order of business this evening is calendar number 3461 RO. Excuse me if I mispronounced the name Coup. Uh Union LLC. Location is
2343 Morris Avenue block 4303 lot 21.01. Applicle wishes to construct an indoor playground facility for children. Would you like to come forward? Hi, thank you guys for your time.
Would you state your name and spell it for I think they have council too, right? Sorry, your attorney's here too, right? Yeah. Just for the record from Steve Hail's office. There you go. Good evening, members of the board. My
name is Chad Dunn and I'm serving as the attorney for Java Bomb Morgaf, the applicant in connection with this land use application. I believe this is a strong community-friendly proposal. The property is currently vacant and proposed use a modern indoor children's activity and birthday venue that will
revitalize the space and offer a vibrant family oriented destination for Union residents. It promotes active, healthy play for children's 2 through 12 and will provide a safe, structured environment for youth development and recreation. Importantly, the proposed use is not drastically
different from the prior use of the space, which operated as a club metro, a fitness center that similarly attracted groups engaging in physical activity. The new use continues that theme, but channels it towards a younger demographic in a format that is both recreational and educational. The small
medical office area Kesler will remain. I'm personally familiar with Extreme Energy and I've attended several birthday parties for my young nieces and nephews at their local excuse me, at their other local, excuse me, at their other locations in Bergen County. It is a well-run operation that
is consistently clean, engaging, and wellreceived by families. Overall, it was a great experience. We received the reviews from the CERS and fire department and have no issues with complying. The reports will be addressed in detail at testimony. At this time, I'll turn it over to our professionals
who will provide more detailed operational, architectural, engineering, and planning to testimony. Vic Seagull, who will be providing operational testimony, will also be covering the interior architectural layout since there are no changes to the exterior.
For the record, if you can 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? It's Vec Seagal. V I V E K S E H G A L.
I am the CEO for Extreme Energy. Thank you. The founder. So I guess I can start with Would you would you state your credentials? I'm the CEO. He's the representative. Oh, you're the CEO. Okay. Yeah. Okay. Mr. Seagull.
Just give us kind of the reader's digest version of uh what's proposed. You're going to defer to your professionals that are here tonight. I know. Sure. Um so this is uh the business is called Extreme Energy. Uh we have three locations. We uh started the business in 2019 in Anglewood, New Jersey. It was a
small uh location, but it uh was extremely successful. Uh we had very very good rapport with the town. It helped the town. It was there was a lot of movement and a very good addition to it. Um we went through some issues in COVID obviously like everybody else
waited for a few years and had great response. So we opened two more locations. The second location was open in Paramis on Route 17. uh that opened March 2024. Uh very successful, full capacity all the time. I mean, it's been a very big hit. And the third
location came out in Rockaway, New Jersey. So, we've been doing this for a while. Uh we employ a lot of local people, local kids that that are in the neighborhoods because, you know, we need staffing and things like that. Uh the business is is very favorable to
development for young children. It's a lot of athletics. We don't have any electronics. Everything is active play. So the whole business is based on sweating it out, getting away from the devices at home, getting some, you know, camaraderie with other people and things like that. And then we do birthday
parties. So our target is only 2 to 12 years of age, which is where most of the birthdays happen. Um, we've had, I don't know, over 100 birthdays a week for the last few years. So there's a lot of numbers. Um, the reviews are very good.
The place is known for being clean unlike you know most other businesses where kids businesses have a little unfavorable you know impression. We go from keeping the place very clean, running it very nice, very organized every two hours. We change the shifts so people don't stay there all day. We
clean the location every time. Uh if you guys take the time out to read the reviews or I can send you some of them, you'll it's it's very favorable and generally very well-liked business. Um this is a beautiful location for us. It's right on the crossroads. Uh looks
like a populated town and and the school is close by. I think we'll be a very very good addition to to a union. Your at your attorney had summarized that it's geared towards the younger children. Is that consistent with what you did at your two other locations in Rockaway and Pam?
All the locations are 2 to 12 years old. Okay. And usually do you have I guess you have some kind of parental assistance or supervision in addition to your staff who's there with the younger people. That is the parent generally is going to be with the child in the facility for the whole time. Okay.
There are parties where parents drop off but then they under the guidance of the parent that is hosting the party. Right. But you have staff for that. Yes. Oh yeah yeah yeah. Fully staff. If you guys have any questions on I have a I have a question. The food is brought in. I I've been to a
couple of these with my grandchildren. Okay. Not out. No. Branchburg and a few other um so the food is not prepared there. No, we have a warming kitchen. It comes from outside vendors, right? Usually a pizza, right? 99%. Yeah.
Yeah. Um and how about sporting events in there? I know I've been to one where they they could pick uh to play soccer or basketball and they have like 13 year old I I've seen girls softball practicing in there. Will you have anything like that? We don't. So we have a it's a it's a
jung it's more so it's a little lower age so it's more a jungle gym. Excuse me. Can you just speak into the mic? Yeah. Thank you. Um it's more of a jungle gym. It's structured. So there is no open play. It's it's going to be they're going to follow a pathway to the jungle gym. that they're going to climb walls. There's
rope courses, trampolines, things like that. Thank you. No problem. Um I just need to point. Is this your fourth? Fourth location. Fourth location. Not correct. That is correct. I have a question. What would be your hours of operation? Changes during the whole year. Uh for
the summertime when the schools are off, we open 10:30 in the morning uh on weekdays. On regular uh regular months, we open at 3:30. and will generally depending on the location close at either 6 o'clock or 8:00. Weekends, Friday onwards, we are open
from 10:30 to 8:00. During the days that we have school, will it be tutoring or anything part of your operation or it's all fun? It's very rare. It's very rare. Uh but you do get there are some parties that they don't get bookings if you're not
available on the weekends. They tend to book the parties towards the weekdays. So we do have some but it's small percentage. Okay. Mr. Mr. McNeel. Um
in terms of uh security for for the kids um is there a check-in process? Yep. When the kids come in and do they get a little code, a little stamp or or something? So both of those uh there is they have to sign so there's the introductory area when they come in. they have to sign
waiverss that gets them familiarized with the rules of the location and things like that. Uh then they will go and do the check-in process where they get depending on the location or or what they're there for. They'll either get a sticker or a wristband and then they're led to the either they're going to a party or they're going to just play. So
depending on that they will they will get their credentials and every location that they every part of the business that they go to there'll be coaches guiding them on what they're supposed to do. There there'll be videos and and rules and regulations posted. But it is there anything that prevents a
kid from wandering out of the facility out security. So we'll we have a door man at every location on the weekends there are doormans on multiple doormans and we work with retired we have a lot of friends in that have NYPD retired. So on the weekends we have plane clothes
on every location. Okay. Not not 24/7 but most of the peak hours that we feel is going to be busy. We have security. No. U no weapons but just security. Any other board members with questions? Uh just one more detail. Uh this is Rob
Pansul, the board attorney. The one of the variances and you have a a group of professionals that'll address it deals with parking. I know there's a requirement based on the township standards. You're you're you have a lot of parking there, but it's deficient. Is
the use in your other locations commeurate with this lot? Do you see it as being adequate for what you do? I imagine a lot of it can be drop off and and rather than just Yeah, I don't see that being a problem. Not just the drop off, also multiple people come together as opposed to the
gym where there's like one person and they're sitting there for two hours. Usually people carpool and and it's it's in my experience it should be all right. Okay. I know. I know you have other professionals. I just wanted to get an idea that you felt it was sufficient based on your experience at your other location.
I I felt it was sufficient. Yeah. Any other questions? Hearing none. Are there any members of the public that would like to come forward and question Mr. Seagal's testimony? Hearing none. Mr. Dunn, your next witness.
Thanks for your time, guys. Thank you. Thank you. Wow. An oldfashioned set of plants. I can't see them. digital already. Yes, you can use the PDF. Okay, for the record too, council, I did mark
A1, the application as it was submitted. I marked A2 the Harvard Consultants two-page site plan and I march marked A3 uh the architectural uh plans that were proposed by PRO uh Rosado consisting of
two sheets. So A1 through A3 are in the record. Thank you. Uh can I ask you to swear or affirm that any testimony you provide this evening will be the truth and the whole truth? I do. And for the record, could you state and spell your name with your affiliation?
Christian Quaido, C HR I S T I A N Q Quato, C U E T O, uh, professional engineer for Harbor Consultants. Address is 320 North Avenue East, Cranford, New Jersey. Thank you. And just briefly for the board, I know you appeared here before. Has there been
any changes to your credentials since you were last qualified as an expert engineer in this before this board? My my license is in still in good standing. Okay. Thank you. We'll accept his credentials. So just going over the um existence
existing site again this is uh block 4303 lot 21101 located at uh 2343 Morris Avenue. The site has frontages along uh Morris Avenue uh Lucis Road and and Cook Drive. Uh to the north of the site is uh
Union Board of Ed. Uh to the south is a large medical office and you have commercial uh uses across uh the street along Morris Avenue. Morris Avenue is a state road. Uh State Road 82 and L uh
Lucent Road and Cook Drive are local streets. Uh the site uh has access the site is located in the NC neighborhood core zone. Um access into the site is located only off of uh Lucus Road. The
driveway leads around uh to two parking lots. Uh the smaller parking lot has 18 spaces and the other uh parking lot has approximately 59 spaces for a total of 77 parking spaces. Uh the parking lot is
curved around the perimeter and has a storm water drainage system located on site. Uh there is a single uh masonry structure located that was previously a fitness center as well as the Kesler uh medical facility. Uh the applicant is
proposing to construct uh convert the existing uh vacant space to a um to a indoor playground facility for children. uh by ordinance uh both the uh proposed
use and the former uh gym is the uh considered uh indoor recreational. Therefore, there's no increase in uh in parking for the site. Uh there is a a small error on our site
plan. Um I believe that the amount of parking spaces required uh for the recreational facilities based on the 18,576 which was 93 which was um stated in the Collier's letter. Uh we did not put in for the uh Kesler uh medical facility
which um is based on a uh one space per uh 300 square foot square foot of area that equates to seven spaces. So total for the site that's required is 100 spaces and we are proposing or what's
existing there now is 77 spaces. Um as the colleague's letter stated that we are not proposing any um offsite or offtrack improvements and all the improvements are internal uh for the site. And again going through the uh
letters from the from the township uh the applicant has no issues address complying with all the comments in in all in the letters. Is that the end of your testimony? That's that's it. That's it. Okay. Are there any board members that would like to question? Mr.
Q just any question I have is any consideration for overflowing parking um maybe making arrangements with the lot medical facility across across the street. I would have to defer to the uh app uh
to the owner about that. Um I I'm not aware of any discussions that have been had but um I I think that's something that he would look into. Yeah. So, the peak hours of the medical office um will not be consistent with the peak hours of um of Extreme Energy. They're going to
have a lot of their traffic on the evenings and the weekends and the medical office is going to have most of their traffic during the day. So, we don't really anticipate that being accomplished. Um not so much a conflict, but potential um overflow parking for the new facility.
Right. Yeah, that's what I'm referring to. But I mean has any you just going to use it or you going to you know make some arrangements with the building management team across the street from you? I mean it it existed there when there was a club metro there and again um to that point when there was a gym there
most people are usually traveling there by themselves. So I would think that there would be more parking when there was a club metro there that coexisted with the um Kesler. So again, I I don't think that there will be um too many issues with overflowing. I'll let engineering address that as well.
I do know Collars has asked for a preconstruction meeting during a permit process if the board does approve tonight. There's no issue there from the owner and for the professionals to meet with the township and maybe that could be one of the issues uh that get flushed out so we can have a plan uh should it
be needed. I'll note that for the record. And the fire department had comments too. I assume most of that is architectural driven, but from an engineering standpoint, you have no difficulty complying with any of the recommended fire recommendations. Is there? No, we can we can comply with the fires
uh fire department's letter. Thank you. Any other board questions? Hearing none. Are there any members of the public that would like to question the testimony this witness has provided? Hearing none. Thank you, Mr. Quto. Mr.
done. Your next witness. Yes. Um we'd like to call Bob Hudac. 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, if you state and spell your name with your affiliation.
Yes. Robert Hudach. R O B E R T. last name Hudac Hu D is in David AK and I'm with Inside Engineering 1955 uh Route 34 Wall, New Jersey. And you appeared here as a professional planner and were qualified a couple of weeks ago. Any changes in your
credentials since you were qualified at that time? No, all my credentials are still in order. I would note that for the record, Mr. Chairman. Thank you. proceed. Oh, no. We're moving forward with um
Yeah, I can go through the variances specifically that are requested. As you've heard tonight, we're seeking approval to repurpose an existing gym into an indoor playground facility. As you've heard as well, the Kesler Rehab Center will remain as is. There's no
exterior changes. I as I understand there may be some alterations to the existing signs there basically replacing them but beyond that there's no physical changes to the site we do require in in this application a D1 variance because the indoor recreational facility is not
a permitted use in the NC zone we also require as well as you've heard the parking variance where 93 spaces are required for our use 100 spaces total and 77 spaces are provided this is what is existing
We also are uh as noted in the Collier's report, there are three existing non-conformities that will remain unchanged as a result of this application. First is the minimum sideyard setback where 10 ft is required and 9.7 ft is existing and will remain.
There's no change to that. The maximum building coverage is 30% is permitted and 31.4% is existing and again there'll be no change to that. uh similarly with impervious coverage 80% is permitted and
84.3% is existing. So those three if you want to call them variances are are pre-existing nonconformities if you will. So let's start with the D1 variance. As the board is well aware, the D1 variance requires a finding that
the proposed use will promote the general welfare that the site is particularly suited for the proposed use as noted in the Medici case. With respect to the special reasons or the promotion of the general welfare, the NC zone is noted to encourage a mix of
retail service and residential uses along neighborhood corridors. The master plan specifically notes that it is desired of the township to support desirable non-residentidential development and encourage sustainable development uh encourage at the
sustainable development process. While indoor recreation is not a permitted use, similar uses in the sense that they involve assembly uses including places of assembly and child care centers are permitted in the zone. This site, as you've heard, has functioned as a gym
for a number for a long time. And this proposal is actually I would offer a natural extension of that. It's a very similar type of use. In fact, according to the North American Industrial Classification System Code, they're both the gyms and indoor recreational centers for children fall under the same
category of arts, entertainment, and recreation. With respect to site suitability, the existing building and site infrastructure, I argue, would support the proposed use. There's no exterior construction, so the character of the neighborhood will remain
unchanged. As noted, the site uh functioned as a gym use with individuals visiting during various hours. So, as I understand, gyms, and I'm using this as I don't know the exact hours this gym was open, but typically gyms are open very early in the morning to very late
at night, seven days a week. People come at all different hours. They they they come in their individual car, they work out for several hours, and then they go home. As you've heard with respect to the indoor play use, you'll it'll be less intense. You'll have groups coming. They'll be car pooling together. They'll
be coming to the site at off hours versus the Kesler Center where most people go for physical therapy earlier in the day, particularly during the school school year. Our facility will open after 3:30 later in the day where most of the phys most of the folks utilizing the other on site will have
already left for the day. I also offer that there is a public benefit to this use. We're adaptively reusing the site. So the safety and aesthetics are are advanced without disturbing the surrounding community and it offers an efficient use of land supporting both the purpose I the
promotion of visual and physical environments or creative development techniques and purpose M the efficient use of land purposes of zoning. You know, one of the items that the state redevelopment plan, the development and redevelopment plan uh encourages is taking existing sites such as this and
adaptively reusing them without wasting away the existing building. And I'll go into that when I talk about the C2 criteria a little bit with respect to the uh existing non-conformities. But the alternative to this is wasting this the entire site knocking down the building and starting new which is
really not practical and it's not in the best interest of the community because you'd have all this disturbance as a result of the construction. Here an opportunity comes along where you can have a a use in there that doesn't require you to u reinvent the wheel so to speak. The also the use promotes a
sense of community as you've heard from the owner. We allow children to recreate together in a safe non-weather dependent environment. And as the chairman had pointed out, I too have been to a number of these parties over the years. It, you know, it the kids have a lot of fun. It it allows them to recreate regardless of
the weather. If it's hot or rainy or cold, it allows them to uh have fun in in a safe environment. Advancing purpose a the safety and general welfare purposes of zoning. Of course, no devarance can be uh granted without a finding that the the negative criteria
is satisfied. And I offer that there is no substantial impairment to the intent and purpose of the zone plan and zoning ordinance, nor to the public good. In fact, I feel that it won't generate any adverse impacts. The indoor play area benefits families, provides, as I noted, a safe weather independent recreation
area for children and aligns with the intent of the master plan to enhance a mix of uses serving neighborhoods. One of the items, I know there was a survey done in the last master plan. They spoke specifically about what residents want to see in their community and they
talked about providing a diverse uses. In fact, they said like we don't want any more nail salons. We want to see a diversity of different uses. And this clearly meets that objective. With respect to the bulk variances, again, you have the hardship variance, the C1, which I won't go into for the board, and the C2, the benefits versus the
detriments. With respect to the sideyard building coverage and impervious coverage, again, these are all pre-existing non-conforming conditions. To eliminate them would require us to destroy the existing structure, which really isn't practical because we not only need to displace the existing gym
space. We'd also have to displace uh the Kesser therapy use. But these circumstances create practical difficulty satisfying the C1 hardship standard. With respect to parking, I offer that can be granted under the C2 criteria where the benefits outweigh the
the detriments. A more compatible community serving use is being proposed. The parking demand is lower, as we've heard, than the prior gym use. Gym patrons, as we've noted, typically arrive alone throughout the day. The indoor play patrons usually arrive either at groups or families or carpool.
The hours of operation per complimentary. And your master plan does talk about encouraging shared parking. and so does the state development and redevelopment plan. So I offer that the proposal supports the master plan goals of promoting non-residential uses in
appropriate locations, encouraging shared parking, and advances the general welfare purposes of zoning. With respect to the negative criteria for the C variances, again, I don't see that there would cause any substantial detriment to the public good, nor any impairment, significant impairment to the intent and
purpose of the zoning plan and zoning ordinance. In fact, I offer that it promotes child wellness, community recreation, and adaptive reuse. It reflects a better planning outcome compared with the gym with its unpredictable demand, if you will. So,
to summarize, the application satisfies both the positive and negative criteria for the D1 variance. The C1 variances are justified by the existing site constraints, and the C2 parking variance provides a better zoning alternative with fewer impacts. and the proposal advances the smart planning and zoning
purposes of the township's master plan. Thank you. Any board members would like to question Mr. Hudac hearing. None. Are there any members of the public that would like to question the testimony Mr. Hudach has given?
Hearing none. Thank you, Mr. Hudach. Mr. Dunn, are there any more witnesses? No, that's all. Okay. Then are there any members of the public that would like to comment on this application? Just a one comment generally. I did mark the architectural plans. They're part of
the packet. Um I know it's a general layout. The one comment from the health department uh requires followup if in fact food preparation or handling will exist. I understand the testimony within a lot of the food is brought in either pizzas or
outside uh ability rather than preparation on site, but I'm just going to note for the record to the extent you expand into preparation or any food handling, you have to satisfy whatever health criteria is in place in the township. So, we'll note that for the
record. Hearing no comments from the public, Mr. Dunn, would you like to summarize? Yeah. So, um, in summary, we believe that it's a great space that's a that's a great space that's a aesthetically, if I can speak English today, a great space
that is aesthetically pleasing. It's good for after school programs, elementary school programs, programs such as the Boys and Girls Club to partner with as a recreational outlet. And we believe that it will enhance and serve no negative impact on the zone. And for these reasons, we ask that the
application be approved. All right. At this time, I believe we can conference this uh application. Mr. Ricardo, would you like to begin? Thank you, Mr. Chairman. First, I would like to thank the professionals for um
their testimony. Um very succinct and to to the point. I think this site is particularly suited for the intended purpose and I do believe that the benefits outweigh the detriments. and I will be voting yes,
Mr. Wy. Uh yes, Mr. Chairman, I agree with Mr. McNeel. I think the uh it's an appropriate site for this type of program. Um I think it will benefit the children and the positives outweigh the
negatives. And I'm going to vote yes, Mr. Graves. I feel it's a clean application. Uh we need to have safe, clean indoor play areas for our children. I'll be voting yes, Mr. Johnson.
Thank you, Mr. Chairman. Um, the uh engineers, your representatives made a good case for your um environment. I wish you all the best because I think the the benefits far outweigh any detriments and uh and I think it's a very good application. So, welcome to
union. I will vote yes. Also, Mr. Chairman, Miss Rickettts, I do agree with all of my colleagues here. This is a very clean application and again the benefits outweigh the detriments. Thank you for choosing Union. Welcome to Union. I will be
voting yes. As for myself, I think this is a great positive application. Uh I've been to a couple of these facilities and the children have such wonderful times and I feel the variances are justified by showing that the the
property is well suited for the proposed use which would be very beneficial to our community. Again, welcome to Union and Mr. Seagal. I wish you a lot of luck in your future endeavor. At at this time, can I have a motion and a second? Mr. Chairman, I move that the
board grant the variance applicable to this application and that council is directed to prepare a resolution consistent with the board's decision. Second motion. Roll call. Mr. Wy, yes. Mr. McNeel, yes. Mr. Johnson, yes. Mr. Graves, yes.
Miss Ricketts, yes. and Mr. Champy. Yes. September 10th, the board will pass the formal resolution. We go on break in a couple weeks or for the next few weeks. So, September 10th. Can I have a motion to adjurnn?
Mr. Chairman, there being no further business coming before the board this evening, I move we adjourn. Second. All in favor? Yeah.