Transcript for Piscataway Planning meeting on February 8 2023
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Speaker 0 00:00:00 Okay. The Piscataway Township Planning Board meeting will please come to order. Adequate notice of this meeting was provided in the following ways. Notice published in the Courier News notice posted on the bulletin board of the municipal building notice made available to the Township clerk notice sent to the Courier News and the star ledger. Mr. Barlow, would you read the open public meeting? Speaker 1 00:00:23 Thank you. Madam chair? Yes. And keeping with the guidelines disseminated by the Department of Community Affairs, the planning board is going forward in this virtual setting through the Zoom platform. The applicant is matters being heard this evening, has the log on information for the online meeting platform put forth in their notice. Members of the public wish to be heard will be afforded an opportunity as if it were an actual physical space. And we've done our best to comply with the D C A guidelines and the Open Public Meetings Act. Speaker 0 00:00:53 Thank you. No call please. Ms. Buckley. Speaker 2 00:00:56 Mayor. Wahler. Ms. Ms. Saunders. Speaker 3 00:01:04 Here. Speaker 2 00:01:06 Reverend Kinneally. Here. Mr. Atkins? Speaker 0 00:01:08 Here. Speaker 2 00:01:09 Mr. Foster. Mr. Ama Ahamed. Madam chair Speaker 0 00:01:18 Here. The flag is over my right shoulder. Could we pledged recite the Pledge of Allegiance, please? I pledge allegiance, pledge allegiance to the flag of the United States. Of America. Of America. And to the republic for which it stands, one Nation under God invisible with liberty and justice for all. Can we have the professional sworn in please? Speaker 3 00:01:52 Okay. Can you please raise your right hand? Do you swear that the testimony you're about to give we the truth and nothing but the truth? Speaker 2 00:01:58 I Speaker 3 00:01:58 Do. Thank you. Speaker 0 00:02:00 You're welcome. Mr. Barlow, are there any changes to our, to our agenda tonight, Speaker 1 00:02:06 Ma'am? Chair, there are no changes to the agenda that I'm aware of. Speaker 0 00:02:11 Okay. Item number seven. I'd like a motion to pay the duly order to bills. Speaker 4 00:02:17 Okay. Madam chair. Reverend Kinneally, I make a motion that we pay the bills. Speaker 0 00:02:22 Do we have a second? Speaker 3 00:02:24 Carol Saunders. Second. Speaker 0 00:02:25 Thank you. Roll call please. Speaker 2 00:02:27 Mayor? Wahler. Yes. Ms. Corcoran? Yes. Ms. Saunders? Speaker 3 00:02:32 Yes. Speaker 2 00:02:33 Reverend Kinneally. Yes. Mr. Atkins? Speaker 1 00:02:36 Yes. Speaker 2 00:02:37 And Madam chair? Speaker 0 00:02:38 Yes. Item number eight, adoption of resolution to memorialize action. Taken on January the 11th. Speaker 3 00:02:45 Okay. Madam chair, I'd like to memorialize application 19 PB 36, 37 B for extension of time for L'Oreal USA products. Speaker 0 00:02:56 Do I have a second Speaker 4 00:02:58 Madam chair? I'll second it. Speaker 0 00:03:00 Reverend Kinneally. Thank you. Roll call please. Speaker 2 00:03:02 Mayor. Wahler. Yes. Ms. Corcoran? Yes. Reverend Kinneally. Yes. Mr. Atkins? Yes. And Madam chair? Speaker 0 00:03:10 Yes. Speaker 3 00:03:12 Madam chair. I'd like to Alize application 22 PB 25 dash 26 V. Yes. Pack Inc. For preliminary and final site plan. Speaker 0 00:03:22 Do I have a second? Speaker 5 00:03:24 Mr. Atkins will Second. Speaker 0 00:03:26 Thank you. Roco? Speaker 2 00:03:27 Mayor. Wahler. Yes. Ms. Corcoran? Yes. Reverend Kinneally. Yes. Mr. Atkins? Yes. And Madam chair? Speaker 0 00:03:35 Yes. Speaker 3 00:03:37 Madam Chairman. I'd like to more lot Application 21 PV 32 slash 33 V for extension of time for Chantel Patel and Dban. Patel. Speaker 0 00:03:49 I have a second. Speaker 4 00:03:52 Reverend Kinneally. I'll second it. Speaker 0 00:03:54 Roco. Speaker 2 00:03:56 Excuse me. Mayor. Wahler. Yes. Ms. Corcoran? Yes. Reverend Kinneally. Yes. Mr. Atkins? Yes. And Madam chair? Speaker 0 00:04:04 Yes. Speaker 3 00:04:06 Madam chair. I'd like to memorialize application 22 PB 22 slash 23 V for grant home investments, l l c, bulk variance and minor subdivision. Speaker 0 00:04:18 Do I have a second? Speaker 2 00:04:24 Thank you. Ms. Corcoran. Mayor Wahler. Speaker 0 00:04:28 No Call please. Yes, Speaker 2 00:04:29 Counsel. Ms. Corcoran? Speaker 5 00:04:32 Yes. Speaker 2 00:04:34 Reverend Kinneally. Yes. Mr. Atkins? Yes. And Madam chair? Speaker 0 00:04:40 Yes. Item number nine, adoption of minutes from the regular meeting of January the 11th, 2023. Speaker 3 00:04:49 Madam Chairman. I like to moral lies. Adoption of the minutes are on the regular meeting of January 11th, 2023. Speaker 0 00:04:57 Go ahead a second. Speaker 4 00:04:58 Madam chair. Reverend Kinneally. I'll second it. Speaker 0 00:05:01 Roll call please. Speaker 2 00:05:02 Mayor. Wahler. Yes. Ms. Clark? Yes. Reverend Kinneally. Yes. Mr. Atkins? Yes. And Madam chair? Speaker 0 00:05:10 Yes. Item number 10 21 PB slash 48 slash 49 V u g Incorporated. Better known as Gabrielle's. Speaker 6 00:05:27 Thank you. Members of the, the board, Madam chair Board professionals. Can everybody hear me? Speaker 2 00:05:33 Yes. Just check. Yes. Speaker 6 00:05:34 Okay. My name is Tim Arch. I'm an attorney licensed in the state of New Jersey. I'm here representing Eugene Inc. Which everybody will know, I think better as Gabrielle's restaurant. This is in block 55, 0 1 lot, 10.05 in the RHC zone. We're here tonight asking for really two very minor things. It might not look that way when you look at all the, the variances that are there, but you'll notice that everyone, I think except for one, is an existing variance. And I believe the last time this this site was in front of a board was in 2011. All these existed at that time. So these are all preexisting except for I believe the side yard, the 33.7 foot side yard setback is the only thing that's really being affected by this application. In a nutshell, what you'll see when we, when we get into the the site plan is the two things we're asking for is on the eastern side of the restaurant, there's outdoor seating currently, and there is a sort of a temporary covering Aithal, almost like a, like what you get, like a party rental or a, a covering that's over that we are proposing to put in a, a pergola something that's more obviously something that's gonna be permanent, something that's gonna look nicer, something that's gonna provide that same covering over the outdoor seating, still be open air. Speaker 6 00:07:04 So it's not, it's not a confined or closed in structure, but we're proposing to put something up that's a little bit nicer. Obviously outdoor dining isn't going anywhere. It's gonna be around for a while and we want a feature there that's gonna look nice as be aesthetically pleasing and be better than just, you know, putting up these more, more temporary coverings that a lot of restaurants have out there. So that's our first ask. The other ask is that on the western portion of the restaurant, you'll see there's a patio area that is directly adjacent to the, a vet hall or the banquet hall area. So when there are events, this is a natural area where people want to, if they need to take a phone call, have a smoke, a cigarette, or you know, just take a breath of fresh air, they wanna be able to use that area so that, you know, patrons that are using the event, sent the event area only can go out and can and can take a breath of fresh air, a phone call. Speaker 6 00:08:00 We're not proposing any service in that area, so I don't want you to think that we're putting out seating there for, you know, for food and, and drink services. This would only be an area that would be for existing patrons that are using the event area to step outside and, you know, get a brush, a breath of fresh air. Currently you'd have to go through the entire restaurant to the front entrance if you wanted to go outside and take a phone call. It just seems natural that you'd be able to use that, that small patio area. So if the board were to look favorably on this application, allow us to do that. If, if the board wants to impose a condition that there be no food or drink service to that area, we would certainly be happy to, to comply with that because that's not what we're looking to do. Speaker 6 00:08:47 So those are really the two asks that, that we're coming to you for. As I said, I could go through Ms. Corcoran's list of, of the variances, but really those are all existing. We're not suggesting anything that would change those except for the 96 foot side yard setback. We are asking for relief. It's a 33.7 foot side yard setback. When you take into account the, the covering that we're proposing, although you'll see that that side yard is, is adjacent to, to another parking lot. So there's really nothing offensive about about that, that enclosure the side yard setback a little bit. We do have, I do have my client, Dana Gabrielle, who's here, who is available to answer any questions if anybody has any, any need for her to testify or any direct questions of her. And my only other witness is Mr. Rob Murray, who is our civil engineer, who will go through the site quickly so you'll be able to orient yourself as to where, where these, these areas are. And then I'll go over the two reports that we have. There are a couple comments I have on those, but just, just to tell you, we are going to be complying with the vast majority of things in the report. I just want to put some comments on a couple things. And those two reports are, we have Mr. Stein's report dated December 20th, 2022, and we have Mr. Rein's report dated December 16th, 2022. So unless there's any other preliminary issues, I think we can go right to, to Mr. Murray, our civil engineer. Speaker 0 00:10:26 Okay. Would you call him up in heaven? Sworn in, please? Speaker 6 00:10:29 Yes, I believe that's Mr. Murray down there. And if I could just ask, I know he's listed under as Tim arch Esquire, but it's okay. Rob, Rob Murray. Speaker 3 00:10:39 Okay, Rob. Mr. Murray, can you please raise your right hand? Do you swear that the testimony you're about to give we the truth and nothing but the truth? Speaker 7 00:10:47 I do. Speaker 3 00:10:47 Can you please state and spell your name for the record? Speaker 7 00:10:51 My name is Robert Murray. R o b e r t m u r r a y. Speaker 3 00:10:56 Thank you. Speaker 6 00:10:58 Mr. Murray, are you a licensed civil engineer in the state of New Jersey? Speaker 7 00:11:03 Yes, I am. Speaker 6 00:11:04 Okay. Just for the benefit of the board, if you can briefly go through your qualifications and your, your education so that you can be admitted as a, as an expert. Speaker 7 00:11:15 Yes. I graduated Stevenson Institute of Technology in 2017 with a bachelor's in civil engineering, and I've been a professional engineer for about two years now. I have been in front, Speaker 6 00:11:29 I'm sorry, I, Mr. Murray, have you been accepted in front of, in front of the Piscataway board before? Speaker 7 00:11:35 I have been accepted in front of the zoning board, not the planning board yet. Speaker 6 00:11:39 Okay. I would ask that Mr. Murray be accepted as an expert in civil engineering, unless there's other voir that, that the board would like to ask. Speaker 0 00:11:49 Do the, does the member of the board have any additional questions of Mr. Murray? I, I, I think that his qualifications will allow him to testify as an expert in this case. Speaker 6 00:11:59 Thank you, Mr. Murray. You've had an opportunity to, to familiarize yourself with the site and, and the preparation of the exhibits for tonight. If you can please just take the floor and take us over what it is that we're proposing and, and where those are located. Speaker 7 00:12:17 Okay. I would like to present to you exhibit one A or A one, excuse me. Speaker 6 00:12:28 And Mr. Barlow. Sorry, Mr. Murray. Mr. Barlow, I believe this, this is a rendering that wasn't actually no, I did submit this to I think Laura prior to the meeting, but we do have it marked as exhibit A one and we do have it dated as well. Speaker 1 00:12:42 Perfect. We'll, we'll reference it as a one then. Mr. George. Speaker 6 00:12:45 Thank you. Sorry to interrupt Mr. Murray. You can go now. Speaker 7 00:12:49 Okay. Just to orientate everyone in this exhibit North is about up the LA the lot we're looking at here is lot 10 0 5 and block 55 0 1 in the Township of Piscataway. The, the lot is northwest of the intersection between Stelton Road and Centennial Avenue. Access to the site is provided on both of these roads. The site is approximately 4.97 acres and is located entirely within the HC Hotel Conference. Center zone to the north is a church and a Wendy's to the east is a shopping center to the west is another shopping center to the, to the south is an undeveloped site. And the, the site engulfs a lot to the Southwest, which is a Burger King and a Dunking Donuts. Existing today is a motel and a restaurant. The client seeks to add a perilla, which is about a 20 by 40 structure that's about 10 and a half feet tall. The parking at the site consists of 284 spaces existing and proposed where 280 are required. As previously stated, the only variance we're looking for is a side yard setback variance, where 33.7 is proposed where 52 is previous proposed, and 96 is required. Other existing nonconformities consist of the front yard setback where 80 feet is, is is the setback where 96 is required and the, the rear yard setback where 80 feet is, is existing and 96 is required. That concludes my testimony. Speaker 6 00:14:49 Thank you. Mr. Murray, if you can, if, if you don't mind just zooming in, in the restaurant portion there, because he indicated that there's a, I guess that L-shaped building there in the top, that's the Motel six and none of what we're doing is in any way impacting the motel portion of the property. Is that correct? Speaker 7 00:15:06 Correct. Speaker 6 00:15:07 Okay. And if you could just use your cursor to highlight where that, that pergola or awning is proposed to be? Speaker 7 00:15:15 Yes, there's a call out right here for the pergola on the west side of the building. Excuse me, east side. Speaker 6 00:15:22 East side of the building. Okay. And that's, that's, as I said, that was over existing outdoor seating. And actually in that picture there, I believe that is depicting what I was referring to as sort of a more temporary covering or, or the, the type of thing that you would get for like a rental. Is that correct? Speaker 7 00:15:39 Correct. Speaker 6 00:15:40 So the o the, so the idea is that we would be putting in something that is more aesthetically pleasing, more, more obviously permanent and, and something that just looks a lot nicer and makes a lot more sense to be out there all the time. Is that correct? Speaker 7 00:15:54 Correct. Speaker 6 00:15:55 Okay. And now if you can just use your cursor to highlight the, the western side, that little patio area where we were indicating that was next to the, the banquet area or the event area. And that's that there, is that correct? Speaker 7 00:16:09 Correct. Speaker 6 00:16:09 Okay. And, and again, was everything that I said in terms of how, how the client intends to use that property or that portion of the property just as, as basically as an outdoor area for respite from the, from the event area. Is that accurate? Speaker 7 00:16:30 That is accurate. Speaker 6 00:16:31 Okay. Now Rob, I'm gonna go through the reports real quickly. I'm gonna first just go through the c m E report and it's several pages, but I'm gonna focus on page number. Let me just get there. Page number eight and page number nine I believe highlighted when we marked those up, there's comments two, comment three, and on page number nine, comment five. And all of those comments have to do with additional information that that isn't provided that has to do with the lot as a whole. And when I say lot as a whole, I mean it it's both the, the restaurant portion and the hotel portion as well, correct? Correct. Okay. And we are respectfully requesting that we will comply with, with all the other comments in the report, but those three which are calling out and which would require a full site survey, which would include not only doing a survey of the front area of the, of the, of the lot, but a full site survey to comply with these comments, which would be costly and, and rather significant. Speaker 6 00:17:42 We're asking if, if the board would allow us to proceed with just that partial survey that really only focuses on the front restaurant portion that's along the frontage of the road, is that correct? Correct. Okay. And additionally, in the C M E report, I think I, I think Mr. Reyerson actually points out that if it's deemed useful by the board in assessing the merits of the application that he notes that, that some of these items may be more applicable to the Motel six portion of the property. So it actually, not to put words in Mr. Richardson's mouth, but it actually sounds like he sort of anticipated that this is information which based on the unique, the unique makeup of this as having two different uses might not be really too relevant for the restaurant or to what we're proposing. Is that correct, Mr. Murray? Correct. Okay. I'm gonna ask that you go to Mr. Hinterstein report. Speaker 1 00:18:40 Tim Tim, Kim, I don't mean to interrupt, but just a quick question while we're there. Mr. Corcoran. Is, is, is the staff okay with that requested waiver? Speaker 9 00:18:52 The staff is okay with the Speaker 1 00:18:53 Waiver and Tim, just to be clear, it's two, three and four? Speaker 6 00:18:57 No, it's, I believe it's two. What did I just say? It is two, three and five. Sorry, Speaker 1 00:19:04 Two, three and five. Speaker 6 00:19:05 Yes. Yeah. Speaker 9 00:19:06 And, and Mr. Barlow, if my may answer check, I I, this is a very unusual application, a very unusual site, which is why I said I recommend it when I say recommend, the, the, the board doesn't have to take it. I mean basically we're dealing with a, you know, a, an expansion on the, on the one side here. That is, that is we need to side your setback there and nothing else is changing the most Motel six is not changing. So I, I, that's why I phrase it. And thank you Mr. Arch for picking that up. Speaker 1 00:19:44 Okay. So Ms. Cor, Ms. Corcoran's indicated the staff is okay with the waiver request. You have no objection to the waiver request either? Speaker 9 00:19:53 No, no, no, no. Nothing in my, my review said, shall when I say shall you, you should, everything's recommended. Speaker 1 00:20:02 And, and, and Mr. Arch, and I feel like I'm jumping on you, I just want to confirm, Mr. Murray's employed by Menlo Engineering, correct? Speaker 9 00:20:08 Correct, Speaker 6 00:20:09 Yes, that's correct. I, I apologize, I didn't go over that. Speaker 1 00:20:11 I didn't wanna assume, but I figured. Okay. Speaker 6 00:20:16 Okay. So focusing then on Mr. And, and I appreciate that Mr. Reson for your comments there, but focusing now on Mr. Stein's report, we have several different, basically 10 or 11 different comments. Number one is to provide a breakdown of the restaurant parking should be provided. Mr. Murray, we have no objection to doing that. We'll comply, is that correct? Correct. And number two, sidewalks should be installed along the entire front at just Centennial Avenue right away with ramps, crosswalks being installed, all driveway crossings. And we are agreeing to comply with that as well. Is that correct? Speaker 10 00:20:51 Correct. Okay. Ms, if I may, Mr. Arch, can I, may I just, can we talk about the sidewalk issue for a second? Sure. As you're aware, this requirement was part of the applicant's 2008 approval. They did in fact post a bond for the installation of that sidewalk back in January, 2010. To date, the sidewalks have not been installed. So I guess my question is, when does the applicant actually intend to install those sidewalks along that frontage? Speaker 6 00:21:25 I will defer. And then we do have Ms. Dana Gabrielle, who's here. So I will defer to her on the timing. I do want to just, just for the, the board's sake. There was a, not, not through the fault of the, of the board, of the board professionals or any of the, the staff members a resolution, but there was an understanding on the part of the client that they thought that performance bond that was being posted was to be used by the Township to put in those sidewalks. So they were not, so there was a misunderstanding, and again, on the part of, of us, not, not through the fault of the town, that that, that that bond was an in lieu of payment as opposed to a performance bond. But we, we do acknowledge that that is a performance bond and we do intend on putting that in. Speaker 6 00:22:09 I know that my client has been having, has had already preliminary discussions with, I believe it's bellamy contracting for, for doing that work. But I don't know if there's a specific timeline that we have in place yet. What I would ask is, I, this is, as everybody is aware, this is the worst time for, for construction costs. And so I know that that to, to do that is, is a little difficult. It probably would've been much better to have done it and much less costly to have done it in 2008. So I will certainly defer to my client if there is a timeframe in which she believes that it can be done. But, but I would certainly ask that if we can have, and I know that it's been since 2008 and I understand that, but if we could have a, a reasonable period of time in order for them to be able to get the money together to, to finance that, Speaker 10 00:23:06 I, and I I think we do have to put a time, time, you know, we do have to nail down a time on this. I mean, originally I was thinking that no permit should be issued whatsoever for the proposed awning until those sidewalks are installed. If your client needs a year or maybe two years max, maybe that's something that the Township can live with. But we certainly don't want another 13 years to pass by. Speaker 6 00:23:28 And, and we certainly agree, certainly agree with that. If I can suggest we would be happy to, to do this by way of a, perhaps a developer's agreement in terms of what exactly needs to be provided in order to, to get a permit so that the pergola can be put up and certainly have a time limit on that. I don't know if I, if, I don't know if I feel comfortable necessarily hashing that out right here, but I'm, we're more than more than happy to be able to do that through by way of a developer's agreement to set out those timelines. Speaker 10 00:24:00 Okay. Speaker 6 00:24:01 If that's acceptable to, to the board and to the board professionals 12 years. I mean that's all we're looking for. Speaker 10 00:24:10 Sorry, Speaker 6 00:24:12 I, I need, I wanted to try to make a break, Dawn, I'm sorry. Speaker 10 00:24:17 I'm a reasonable person. Tim. Speaker 6 00:24:19 I, I know, I know the town, the town has been more than reasonable and we, we'll certainly be able to work out a timeframe for that. I just, we just wanna make sure we have all the information in Speaker 10 00:24:27 Place. I personally would be comfortable with a, a developer's agreement, but it certainly is up to the board as well. Speaker 6 00:24:36 Is there anything, any other, any other questions or comments in regard to the, to the sidewalks or should I move on to Mr. The rest of Mr. Hinterstein report? Speaker 10 00:24:48 You do agree that the ramps and the crosswalks will also be installed? Of course, Speaker 6 00:24:52 Yes. Yep. Okay. No, we agree with that. Number three, so it says the applicant shall conform with the newly enacted EV charging station regulation. We're not asking for a waiver or anything of this because the board, as the board knows they can't waive it's a state statute. What I am indicating is that this is, this does not fall actually under the, the, the purview or the definition of a site plan that that triggers that state requirement. So obviously if it did apply to us, we will comply with it and we will conform to it. But I can tell you that the DCA a's interpretation has been that it only applies to site plans that are proposing new parking or significantly reconstructed parking. And that's defined by the U C C as reconstructed parking and that that's the type of, not just minor repairs or pothole filling or something like that. So respectfully, I don't believe it applies. Obviously, if it did, we will comply with it and we're just stating that we don't believe it does. Speaker 9 00:25:55 And Mr. Arch, that kind of leads me into my last point here that we, this is the reason I get a a little hyper about saying it's minor site plan or, or major site plan because the trigger of the E V S E, it has to be a major site plan because it says preliminary and minor prelim preliminary and final site plan approval, which means major site plan approval under the stat under the ordinance, anything 10,000 square feet and under is a minor site plan. So this application is a minor site plan. So that, and alone in my opinion, means that E B S E is not triggered. So if we do grant approval here, I think we should make clear that we are approving a minor site plan, which actually the last planning board approval was a minor site plan. So we are consistent with the prior approval. Speaker 6 00:27:05 And I, I Speaker 9 00:27:06 Would say so, and I defer to Dawn and, and and the board professionals and Mr. Barlow, but in my opinion, the way it's written, this is not a a, a site plan that involves 10,000 square feet. It is a area that is more than 10,000 square feet, but obviously it is, the development area is much less. Speaker 1 00:27:28 I, I I would agree it doesn't apply to this application. We can move on. Speaker 10 00:27:31 Okay. Thank you. Speaker 6 00:27:33 Thank you. So number five indicating in Mr. Interesting's report indicates that a handicap accessible ramp needs to be installed and currently no ramp exists. I I was a bit confused by this comment because there is a, there is a ramp in the front of the building. It's hard to see on this, on this site plan, but right in front of where the awning is, there is a handicap accessible ramp that leads into there, which is adjacent to the, to the handicap spaces. So I don't know if that was a, a mis mis indication by Mr. Hinterstein or not, but obviously we do have a, a ramp for handicap access into the restaurant and we're not proposing again, any, any changes to the, to the site. So, and it, it's been quite frankly there for I believe about 30 years without any detriment. So we would respectfully ask that. I think that comment isn't really applicable because there is a ramp that is there. I just don't know if maybe it was missed. Speaker 10 00:28:42 Is it Tim? I'm sorry, this is Dawn again. Is it a d a compliant Speaker 6 00:28:47 That I do not know. I will defer to and I don't know if, if Mr. Murray knows off the top of his head whether or not it is or not, but I'll ask if he does off the top of his head, but I don't know if we have that information. Currently Speaker 7 00:29:05 We do not have that information. Information currently. Look, the run is pretty long, but without any topo we can't say for certain that it is ADA compliant. Speaker 10 00:29:19 So that's certainly we'll need confirmation on that. Speaker 6 00:29:21 Okay. We, we can, Speaker 10 00:29:22 I don't wanna just waive that, that, that, you know, that comment, Speaker 6 00:29:27 We're more than happy to look into that to, to make sure and, and perhaps we can just, we will, we will agree that to the town satisfaction that there is sufficient handicap access to the building. Maybe that's the way to to, to phrase it. Speaker 10 00:29:45 And Tim, I'm sorry, did we go over number four? I'm not sure if we skipped that or Speaker 6 00:29:49 Not. I did and we comply. Okay, we'll comply with that. I'm sorry. I did, I did skip, I apologize. I'm gonna skip six for now and just go through seven, eight, and nine, which are all landscaping comments or sorry, eight, nine and 10. Nope, sorry, eight, nine, and 10, which are all landscaping comments. They're all sort of dancing around landscaping issues and talking about different areas in general. We will, it, it's my general comment with Mr. Hinterstein landscaping comments that we are happy to work with Mr. Hinterstein to make sure that there is appropriate or adequate landscaping and, and obviously we will maintain it. So I hope that that is satisfactory to the board. There aren't any real specifics as to as to the exact placement or the types of plants. So I think the I idea was to work with Mr. Hinterstein to make sure that everything is satisfactory and we agree to do that. Speaker 6 00:30:43 The last two comments are six. The appropriate testimony should be provided to justify the requested facade signs. Mr. Murray, you there are four facade signs currently existing on the, on the property, is that correct? There's one that's sort of the main facade sign that's on the eastern portion and then there are three that are part of the, that projecting front awning area. It says Gabriel's in the front and the two sides. Is that correct? Correct. Okay. And based on your experience as a, as a civil engineer, and this is a long centennial road, which is a, which is a pretty wide divided roadway that's fairly well traveled, is that, is that an accurate way of describing that roadway? Correct. And, and because of that, would you say in your opinion that having those signs there both aid in a wayfinding function in order for vehicles to be able to navigate and see that site and be able to turn in appropriately as well as, as for safety to be able to navigate and turn in there appropriately? Speaker 6 00:31:50 Is that correct? Correct. Alright. And that if somebody were to miss those turn ins because it is a divided roadway and because they're multiple lanes, it would require either U-turn or catching a jug handle or something along those lines to be able to double back around, possibly have to do another U-turn because it's on the other side of the street in order to, to then safely navigate back to the site. Is that correct? Correct. So would you, so based on your experience, would you indicate that those signs are, are, are necessary for, for safety and for wayfinding And in addition to that they've been there for approximately 30 years and there's been no indications of any sort of detriment that you're aware of, is that correct? Correct. And again, these signs were present to your knowledge, back in 2008 last time this, this site was presented in front of a board, is that correct? Correct. And I, and I think it was either not addressed at that time or there were no issues at that time based on, on my knowledge of the, of the par prior application. So the final comment, unless we want to, unless there's any other comments on that, Speaker 10 00:33:03 Just one question. Tim? It's Dawn Corcoran. So were permits applied for and obtained for that signage. Cause when this application initially filed, there were more, there was more signage on this building and then it appears some of it had been removed. So I just wanna make sure that the proper permits were obtained for. Speaker 6 00:33:26 I, I don't know that off the top of my head. If they were not, we certainly will agree to obtain any of the proper permits, pay any of the appropriate fees for those permits as well. We certainly wanna make sure that those are all up there appropriately. Speaker 10 00:33:37 Okay, thank you. Speaker 6 00:33:39 And I believe the last comment is no details or information regarding the lighting for the new patio area, new canopy were provided. Mr. Murray, to your knowledge, the western side, the patio that's going to service the, the banquet hall area, we're not proposing any new lighting on that in that area, is that correct? Speaker 7 00:33:56 Correct. Speaker 6 00:33:57 And in terms of the pergola, we're not proposing any new lighting, although the pergola itself, which I believe is a co a commercially, a pre-fabricated product does have l e d lights that are a part of that. Is that correct to your knowledge? Speaker 7 00:34:15 Correct. L e d lights can be attached to the pergola. Speaker 6 00:34:19 Okay. And, and, and if the board were to look favorably on that, we have no problem providing information about those l e d lights or information about the, the, the commercial product or the specifications of that product to the satisfaction of the board professionals. Is that correct? Correct. Okay. I don't believe I have any other questions of Mr. Murray. I believe that is the end of my direct Speaker 1 00:34:48 Ma'am, I just had two questions just for clarification. The, the pergola, when I think of a pergola, it's, it's like open slats. Is that what's being proposed in the ceiling? Is it a Speaker 6 00:35:02 I will defer to miss. I see Dana putting her hand up. If we can, if we can just ask her. She knows better than I do. Speaker 1 00:35:10 Do we need swear? Speaker 0 00:35:10 You swear Ms. Do we, we need to swear her Speaker 3 00:35:13 In. Can you please raise your right hand? Do you swear that the testimony you're about to give will the truth and nothing but the truth? Speaker 11 00:35:19 Yes. Speaker 3 00:35:20 Can you please state and spell your name for the record? Speaker 11 00:35:22 Sure. Dana Gabriel, d a n a. And that's Gabriel, g a b r i e l e. Speaker 3 00:35:30 Thank you Speaker 6 00:35:33 Miss Gabriel. Oh, before we get to Mr. Barlow's question, can I, can I just ask, you've heard the, the everything that I've presented tonight is everything that I said accurate and is everything that we've agreed to accurate in terms of what you're agreeing to? Speaker 11 00:35:48 Yes. And I just wanna apologize on behalf of my husband, the misunderstanding with that bond. I'm very sorry about that. We actually together, as you know, as a married couple, now I understand what that bond was for. There was a misunderstanding and I did reach out to Joe Bellamy. I do have his estimate and you know, he's busy but I know like we're definitely gonna get on his list. So my apologies to everybody on that matter. Speaker 6 00:36:16 So Miss Gabrielle, there was a question for Mr. Barlow about describing the pergola and is the covering, is it slats, is it a solid covering? Can you fill us in a little bit on that? Speaker 11 00:36:26 Yes. So it is a freestanding pergola and on the top it's open on the sides and on the top it, there are louvers that open and close. So when it snowing you open it and it will be like the snow just comes to the ground. And then during the summer when you wanna block the sun, you just close the top. Speaker 6 00:36:49 Okay, so it is, so it has the ability to, to be a total covered or to have that sort of open slot ability? Speaker 11 00:36:58 Correct. Speaker 6 00:36:59 Mr Barlow, does that answer your question? Speaker 1 00:37:01 It doesn't. And the other question I had is on the other side you had made mention for this area to make a phone call or whatever. Is it that you're just putting in a door there so you can access it as opposed to going through the building? Is that what you meant? Speaker 6 00:37:15 There's actually an existing door there and, and I'll, it's, it's literally I think just that the, the outdoor it triggers that. It's outdoor seating if you have people that are using it as, as an outdoor space. So it just, it it, it has to be brought before the board. Speaker 1 00:37:34 Gotcha. Okay. That's all. Thank you. Speaker 6 00:37:42 I have no further questions of either Miss Gabriel or Mr. Murray. And I don't know if it really bears having to sum anything up except to indicate that again, I think what we're asking for is, is relatively minor and I think that if you look at all the, the conditions that we are complying with, I think we are hopefully satisfying the board, the board professionals, the, the restaurant has been a, an an institution in Piscataway for, for 30 years. I hope everybody's had an opportunity to either eat there or have an event there. And it will continue to be, I think a, an example of a prosperous and, and the type of business that, that any town would be proud to have. So I thank you so much for listening. And, and Speaker 9 00:38:32 Mr. Arch, can I ask one thing? Certainly I visited the site, it smelled great. I mean I was so hungry it was right in noontime, but I, I made one comment and I think we all landed that it is not e EVs e is not required, but I did say is consideration given to providing an EV station here in, in your, your restaurant parking? I mean I'll defer to the board if they think it's appropriate. It's not required, but I said consideration be given. So I'll leave it up to the board to consider Speaker 0 00:39:07 What's an EV station? Speaker 9 00:39:10 That would be the e ev se charging station EL electric vehicle. Speaker 0 00:39:14 Okay. Alright. Speaker 9 00:39:15 Right. I'm sorry they're not required to provide one, but you know, I'm saying that the prior ordinance did, would require one for every 50 if I, if I recall and, and this the E V S E requirement of the state super supersedes that. But I did say recommend considering if the board doesn't think it's it, it's appropriate, I'll leave it up to them. Speaker 6 00:39:43 What I would indicate is because of the limited nature of what this application is asking for and that there really isn't any disturbance of the impervious surfaces of the, of the parking lot or of the area in front of the restaurant. I know that, that, I know that that putting an EV in there at some point is something that, that is not outta the question for ownership there. And that and that perhaps in the future if there is a project that is indicating some sort of disturbance of that area or change to that area, I'm sure that that is something that is going to be considered at that time. But I would only ask that because of the limited nature of what we're asking for the installation of a pergola to to, to require such additional construction on top of that in a it, when we're already doing a lot of construction along that roadway too. And because construction costs are so high, I would respectfully ask that maybe this is not the, the application to require that on. But we will certainly consider that for, for future applications and for future projects at that site. Speaker 0 00:40:57 Well if you have nothing further, are there any other questions from the board on this application? Speaker 4 00:41:03 Mr. Murray, can you unshare your screen please? Yes. Thank you. Madam chair. Reverend Kinneally. I just have one question. Is this gonna be used year round? This p customers can use that Four seasons, Madam, Dan, Dan, Ms. Dana. Speaker 11 00:41:25 Yeah. So I would imagine in the winter when it's like really cold out No, because it's still open but you know, probably till at least October. Yeah, like cuz you know it will block you from getting wet from the rain, but when it's freezing out you won't, there won't be any heat. Speaker 4 00:41:43 Okay, well that's the question. Cause if it got real busy, I don't what your, your parking facility, I guess you're in compliance with that. If it got real busy during the summer, you'd be able to handle that facility for parking. That's what I was wondering about. But we will know, won't know until that time comes I guess. Speaker 11 00:42:09 So we, we had a tent that we were renting that we had permits for, you know, and that's kind of where we got the idea with the expense of how expensive the tents was that Okay. 4 cents. So we did already have it like with the tents and we were always okay. Okay. Speaker 4 00:42:30 That's, that's my question. I know the restaurant, I've been there a few times so I'm familiar with it. Thank you. Speaker 11 00:42:36 Thank you. Thank Speaker 0 00:42:38 You. Any other members of the board have any questions? Okay, Ms. Buckley, would you open, I opened this to the public for any questions. Would you please see if anyone has any questions? Speaker 2 00:42:50 Anyone in the public, any questions, please raise your hand or we can call on you. No one chairwoman. Speaker 0 00:42:58 Thank you. Close to the public. Okay. We've heard the application Mr. Arch has made his presentation. Would someone like to propose a motion? Speaker 10 00:43:12 Madam chair. Dawn Corcoran I'd like to make a motion that we approve the application subject to the C M E report dated 12 16 22. Also subject to the staff report dated 12 20 22 with the additional condition that there be no food or drink service in the patio loca located to the westerly side of the building, that the applicant agreed to enter into a developer's agreement with regard to the installation of the sidewalks and that if permits had not previously been obtained for the facade signage that they be required to do. So Speaker 0 00:43:56 I hear a second Speaker 1 00:43:57 Dawn with that also include the waivers for the additional survey. Speaker 10 00:44:03 Yes, I'm sorry. Okay. Speaker 1 00:44:04 Yep. Just wanted to clarify that. Sorry. Speaker 10 00:44:07 No, no. Thank you. Speaker 4 00:44:10 Madam chair. Reverend Kinneally. I'll second that. Motion Speaker 0 00:44:12 In favor. Thank you, please. Speaker 2 00:44:15 Mayor Wahler? Yes. Ms. Corcoran? Speaker 10 00:44:17 Yes. Ms. Carron? Yes. Speaker 2 00:44:18 Ms. Saunders? Speaker 0 00:44:19 Yes. Speaker 2 00:44:20 Reverend Kinneally? Yes. Mr. Atkins? Yes. And Madam chair? Speaker 0 00:44:25 Yes. Thank you Mr. Arch. Speaker 6 00:44:29 Thank you so much everybody, Speaker 5 00:44:30 Have a wonderful evening and I hope you get, Speaker 0 00:44:33 I'm sure we'll enjoy Gabrielle's as much as we always do. Item number 11, discussion amendment to application 19 PB 19 s w investors block 52 0 3 lots. L one Is that L 1 0 1, 5 0.02, 16.01 and 19.01 Speaker 1 00:45:10 Madam chair? Just briefly, the, the, I believe Ms. Buckley had provided the previous resolution of approval. It's a minor change to the resolution. Just removing condition to C, which was the execution of the financial agreement. It's the, all of the parties desire to remove that condition. So that's the, that's the only change that's before the board. If anyone has any Speaker 0 00:45:42 Questions, does anyone have any questions or wish to ha you know, expound on your concerns? Hearing no objection. Would somebody like to make a motion that that change be made? Speaker 5 00:46:03 Madam Speaker 4 00:46:04 Chair. Madam chair. I make a motion that that change be made in regards to the reports set forth. Speaker 0 00:46:12 Do I hear a second? Speaker 5 00:46:15 Madam Chairman. This is Carol Saunders. I second. Speaker 0 00:46:18 Thank you. Roll call Ms. Buckley, please. Speaker 2 00:46:21 Mayor Wahler? Yes. Ms. Corcoran? Yes. Ms. Saunders? Yes. Reverend Kinneally? Yes. Mr. Atkins? Yes. And Madam chair? Speaker 0 00:46:35 Yes. Well, I think that concludes our agenda for tonight. I hope everybody enjoys the weekend, especially Super Bowl and we don't eat too much. Speaker 5 00:46:47 And happy Valentine's Day next week. Yes, Speaker 0 00:46:50 Absolutely. Speaker 5 00:46:52 Take care. Thank.