Transcript for Piscataway Zoning meeting on December 11 2025

Note: Transcripts are generated by rev.ai and may not be fully accurate. Please listen to the recording (below) if you feel any text is inaccurate.

Speaker 0     00:00:10    Alright. All right. We have eight member, eight members, Mr. Kinneally.  
Speaker 1     00:00:15    Okay.  
Speaker 0     00:00:16    Just counting heads. We're good to go. Alright, gimme one second. All right. Chairman Weissman, you may begin. Thank  
Speaker 2     00:00:28    You. Zoning Board of Adjustment 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 Coer News and a star ledger. Will the clerk please call the roll?  
Speaker 0     00:00:48    Mr. Tillery? Here. Mr. Patel? Here. Hi, Mr. Regio. Here. Mr. Blo? Here. Mr. Hika? Here. Mr. Mitterando? Here. Mr. Ali? Here. And Vice Chairman Weisman. Here,  
Speaker 2     00:01:11    Will everyone please stand for the salute to the flag? I pledge to the flag.  
Speaker 3     00:01:19    Flag. United States of America, America and to the Republic. Republic for One Nation, indivisible. Liberty.  
Speaker 2     00:01:34    Mr. Kinneally, are there any changes to tonight's agenda?  
Speaker 1     00:01:38    Yes, there are. There are quite a few Adjournments, Franz Canton, 2 45 Davis Avenue, postponed to January 15th, 2026. They must notice the newspaper Shereen Wheeler grant postponed to January 15th, 2026. They must notice Alfredo Pagan postponed to January 15th, 2026. They must notice tillage Sony postponed until January 29th, 2026. There will be no further notice requirement. Edgar Lopez, 12 Howard Street. That application has been withdrawn and will not be heard. Hackensack Meridian Urgent Care plus 10 80 Stelton Road. That application has been withdrawn and will not be heard on switch. 51 New England Avenue that is postponed until February 26th, 2026. They will re-notice MSN Pharmaceuticals 20 Duke Road that is postponed until January 29th, 2026 with no further notice by the applicant. Those are all the changes I have this evening.  
Speaker 2     00:02:49    Thank you. I'd like to proceed. We're gonna start with number nine. Go and then go back to number eight, starting with 25 ZB 84 V. This is Rebecca McCarthy.  
Speaker 1     00:03:02    Is Rebecca McCarthy present?  
Speaker 4     00:03:04    Yes, I am.  
Speaker 1     00:03:05    Okay. I need to swear you in. Could you raise your right hand? Do, do you swear that the testimony you're to give  
Speaker 5     00:03:10    Should be  
Speaker 4     00:03:13    Yes.  
Speaker 1     00:03:13    Thank you. Could you explain to the board what you'd like to do here?  
Speaker 4     00:03:18    Okay. Yes. I would like to do a sec, a second floor deck edition.  
Speaker 1     00:03:28    Mr. Chairman, you may wanna check in with Mr. Ms. Rahi.  
Speaker 2     00:03:31    I will do that now. Jonathan.  
Speaker 5     00:03:34    Hi. Yes, Ms. McCarthy. Ms. McCarthy. We're gonna need some more testimony on, on the reason for the relief. This is, the stack is coming out onto bedrooms. It's, it's oversized for where you are on the lot.  
Speaker 4     00:03:49    Okay. You said it is coming over. I'm sorry. I'm in the hospital now where my husband sees in the bed right over there. Sorry. But anyway, you said the stack is coming out over onto the, onto. Can you give  
Speaker 5     00:04:00    Us us, can you give us a reason why you're seeking relief  
Speaker 4     00:04:02    For the Sure Thank you deck  
Speaker 5     00:04:03    In this location?  
Speaker 4     00:04:04    Yeah, so I would like to have the deck because I have a small backyard and the deck will just give me more living space so I could put a table and stuff because my backyard is really small, so I would wanna have a, a deck on my second floor just to announce my living space. I'm sorry. You can cut noise coming in. Go ahead.  
Speaker 5     00:04:24    Have you given any consideration to a ground level patio that wouldn't encroach on the rear yard setback?  
Speaker 4     00:04:30    No. I do have, I do have a, a small ground level patio right now, but it's just, it's just not enough. I'm sorry, the nurse talking over there, it's just not enough. And I'm building the second floor where there's a, a sliding door. The, the sliding door is already approved on that permit. I just need to have the deck to be able to walk out on the sliding door.  
Speaker 5     00:04:55    Okay. Our recommendation would be to expand that deck on the lower level and reduce the size of this. Excuse me. Our recommendation would be to expand the patio on the ground level and reduce the size of the deck on the second story.  
Speaker 4     00:05:08    Oh my goodness. Oh, okay. To to what, sir? What would you reduce this second floor deck too? What's your recommendation?  
Speaker 5     00:05:15    Well, you're nothing more than a few feet, just, you know, four or five feet for a landing to step out onto.  
Speaker 4     00:05:24    Oh, please, please, please. No, that's the, can I just have a deck? My neighbor across from me? I gave you a picture. Look at the deck. The one right behind me. The deck is bigger than what I'm asking for there. It's  
Speaker 5     00:05:34    A different, it's a different lot and it's a different layout.  
Speaker 4     00:05:37    Yeah, I know. I know. But  
Speaker 5     00:05:38    It's a different situation completely.  
Speaker 4     00:05:40    I understand. But can I just have the, the deck, I mean, I would like to have, it's not affecting anybody, it's just, it, it's above my patio. It's not in any way. It's not, it's it, it's not messing with the, a sick of the, the, the community. It's not affecting anyone. It's just, listen, I wish I could say more. I'm in the hospital right now and it's just a bad time for me to fully, truly explain to you why I need this deck. But I really, a two foot deck is Please, please don't, don't do this to me. I have too much going on right now.  
Speaker 5     00:06:08    Okay, well that's Chairman. I'll, I'll put it back on you. That's, that's our recommendation.  
Speaker 2     00:06:15    Ms. Ms. McCarthy?  
Speaker 4     00:06:17    Yes.  
Speaker 2     00:06:17    If we can't hear this because of your current constraints, can we please put this off so we can give it, it is due process.  
Speaker 4     00:06:26    No, no, because they're building and I would like, they have, they need to know, like the second floor is in under construction. Let leave this room. The second floor is under construction and they would need to know, you know what I'm doing? I'm sorry I'm walking. They would need to know what I'm doing so they can, you know, continue their, what they're doing the thing. I'm sorry. Yeah, so, so what I would like is to, I really need to have this, this deck for, I mean, how big it can be. I mean, you can just kinda reduce about two feet. I'm asking for it to be 10 foot out, which is just above my patio. If you ask me to extend my patio right now, then you're asking me to go into the, the lawn where my grandkids play. So I'm looking for more space. But you would be taking me more space for me because the grass is where they, they play.  
Speaker 5     00:07:21    Okay. You're, you're proposing a, a 12 foot, a 12 foot deck. So you're, you're creating a, a setback of about 16 feet. So if you were to come back 16 feet from the rear property line, so if you were to come back, I mean, if you can come back at least, at least four or five feet,  
Speaker 2     00:07:44    This, because that would create Ms. McCarthy, the setbacks supposed to be 25 feet.  
Speaker 4     00:07:51    Yes. Yes, sir. I understand.  
Speaker 2     00:07:54    So what Jonathan's asking is, can, can we come halfway on this? Yeah.  
Speaker 4     00:07:57    I wasn't Can we please? Since it's not affecting anyone and it is not, I mean, I'm not sure like, what, what's the drawback? I know I'm, the reason why I'm here is because I know I'm out of compliance to do it. So I'm asking you, this is not like I'm, you know, so I'm asking you, since it's not affecting anyone, can I ask for the variance? Now let me cut back two feet then. Because I would like to put, to put a, a table and, you know, to enjoy the deck and it's smaller. It's gonna be, it's, you know, it's like I, I have wasted space that I could use to enjoy. Can I cut it back two feet?  
Speaker 3     00:08:33    What would that dimension be?  
Speaker 5     00:08:36    It'd be a 10 by 10 by 18 deck.  
Speaker 3     00:08:40    I think that's a reasonable space for a table. Some chairs  
Speaker 4     00:08:44    No, but yeah, 10 would, I would like that if, if you cut it back, because now I'm asking for 12 by 18. So if you make it a 10 by 18, I'm cutting it back too. If would, could I, can I do that since it's not affecting anybody? My neighbors are not complaining. I don't know.  
Speaker 2     00:08:58    Is that's giving us two extra fee. So instead of being roughly 16, it'll be 18.  
Speaker 1     00:09:04    Correct?  
Speaker 5     00:09:04    That's  
Speaker 0     00:09:05    Correct. Correct.  
Speaker 2     00:09:07    Jonathan, what do you think?  
Speaker 5     00:09:12    I, I think if, if she wants the space, it should be a, it should be a ground floor patio. But I understand you're coming for the variance.  
Speaker 4     00:09:21    Come on, Jonathan. I think we  
Speaker 5     00:09:22    Can do, I think we could do a 10 foot deck.  
Speaker 4     00:09:24    Thank you. I appreciate it. Thank you.  
Speaker 2     00:09:27    Okay. If Jonathan's okay with it. I, he's, he's our consultant. He's the guy we we work with here. Yeah,  
Speaker 4     00:09:34    I know. I, I know.  
Speaker 2     00:09:37    Anyone else on the board have any questions? Hearing no questions from the board? I'd like to open this up to the public. Anyone in the public have any questions, concerns, or comments on this request?  
Speaker 0     00:09:54    Okay. Anyone in the public? If you're on the phone, you hit star six. If you're on the computer, you have to raise your hand and then we'll give you permission to speak. No one chairman.  
Speaker 2     00:10:05    Okay. I'd like to close the pub, the public portion. I'd like to make a motion that we accept this request with the change of the additional two feet. Can I get a second? Second. Thank you.  
Speaker 0     00:10:21    I love when you guys fight.  
Speaker 2     00:10:23    Well, the clerk, please call her all.  
Speaker 0     00:10:25    Mr. Tillery? Yes. Mr. Patel Es. Mr. Regie? Yes.  
Speaker 2     00:10:36    Yes. Sorry.  
Speaker 0     00:10:37    Thank you. Kalpesh. Mr. Blanc?  
Speaker 2     00:10:40    Yes.  
Speaker 0     00:10:40    Mr. Heka? Yes. Mr. Mitterando? Yes. Mr. Ley? Yes. And Chairman Weisman? Yes.  
Speaker 1     00:10:47    Ms. McCarthy, your application as amended has been approved. We'll memorialize it at our next meeting. You don't need to be here for that. We'll mail you the, the resolution in the, in the written form. You'll need that to get your permits. Yes. Good luck. Good luck with your husband.  
Speaker 4     00:11:02    Thank you so much. I appreciate you. Thank you. Thank everybody. Take care. Thank you. Thank you. Bye-bye. Take care. Bye.  
Speaker 2     00:11:07    Okay, going forward. We're going backwards to item number eight. That's 25 dash zb dash seven eight b ri na.  
Speaker 7     00:11:17    Yes. We're here, here.  
Speaker 1     00:11:19    Are you both gonna be testifying tonight?  
Speaker 7     00:11:22    I  
Speaker 0     00:11:23    Whoever's gonna be testify have two on. You have to shut one off.  
Speaker 1     00:11:31    Okay. Whoever's gonna be testifying, please raise your right hand.  
Speaker 0     00:11:49    Yeah, you're, you're on, you're on my screen twice, which means  
Speaker 7     00:11:53    I'm trying to log off from the one other one. I'm sorry.  
Speaker 0     00:12:00    Okay. I could throw you out on the other one.  
Speaker 7     00:12:04    Yeah. Can you please?  
Speaker 0     00:12:05    Yeah. Remove.  
Speaker 7     00:12:06    Thank you. I  
Speaker 0     00:12:07    Never get to do that, so thank you.  
Speaker 7     00:12:10    Okay.  
Speaker 0     00:12:10    Now you go ahead Mr. Kinneally.  
Speaker 1     00:12:12    Whoever's going to testify, please raise your right hand. I'll Do you swear that the testimony you're about to give should be the truth?  
Speaker 7     00:12:19    Truth, yes.  
Speaker 1     00:12:20    Thank you. Your name and address, please?  
Speaker 7     00:12:23    Ga na two Sur Lane.  
Speaker 1     00:12:27    Thank you. Could you explain to the board why you're here?  
Speaker 7     00:12:31    I am trying to do addition on my house. We are going above the garage and a family room and going out in the backyard and above. So I was above the lock coverage.  
Speaker 2     00:12:54    Yes. That's  
Speaker 7     00:12:55    My, my lot is a small lot. It's called undersized lot. So I have to go for variance anyhow. And the variance that I'm seeking for is lot coverage and I think that's about all I other stuff are existing in my house.  
Speaker 2     00:13:19    Okay. Jonathan, your comments on this?  
Speaker 5     00:13:23    Yes, I've been in touch with the applicant's architect a couple times. There's been some back and forth over the overhangs and the nuts and bolts of the coverage calculation. We, we really can't allow anything over a 21% of coverage. And the, we have some issues with the front entrance design, how it's protruding into the front yard setback.  
Speaker 2     00:13:59    Are there any suggestions  
Speaker 5     00:14:01    We can, if we remove the, if we remove the front entrance and we make it flush with the flush with the house as well as the bay window, if that becomes flush with the house and the total coverage remains modest, we can, we can conditionally approve and take a look at some drawings once they've been revised by the architect.  
Speaker 2     00:14:25    Is that acceptable? Yes. Yeah. Oh, excellent. That was it. Thank you. Okay, so we, we can move on this, anyone on the board, any members of the board have any questions or concerns about this request? Hearing none like to open this up to the public. Anyone in the public have any questions or concerns or comments on this request?  
Speaker 0     00:14:53    No. One chairman.  
Speaker 2     00:14:54    Thank you. I'd like to close the, the open session. I like to make a motion that we accept this, that there will work out the differences with Jonathan and accept it on that criterion. Can I get a second?  
Speaker 0     00:15:11    I'll second.  
Speaker 2     00:15:13    Thank you. Will the clerk please call the role?  
Speaker 0     00:15:16    Mr. Tillery? Yes. Mr. Patel Cal Pass. You were just there. Oh, he's so funny. Mr. Regio? Yes. Mr. Blanc? Yes. Mr. Hika? Yes. Mr. Mitterando? Yes. Mr. Rally? Yes. And Chairman Weisman? Yes.  
Speaker 1     00:15:40    Your application as amended has been approved. We'll memorialize it in a written document at our next meeting and we'll mail that document to you. Good luck.  
Speaker 0     00:15:47    Thank you. Thank you everybody. Thank you Laura. Thank you Jonathan. You're welcome. Thank you. Thank you.  
Speaker 2     00:15:55    Moving on number 14, that's 25 dash ZB dash seven nine V fairways commercial North LLC.  
Speaker 9     00:16:05    Good evening, Mr. Chairman. My name is Doug Wolfson. I represent Fairway Commercial North. Thank you for entertaining our application tonight. For the record, I would just ask if Mr. Cornelius had an opportunity to check the notice as to the hearing and making sure that it was adequate in his opinion  
Speaker 1     00:16:25    The notice was adequate and the board has jurisdiction to proceed.  
Speaker 9     00:16:29    Thanks Jim. Appreciate that. Tonight ladies and gentlemen, we are looking to fill a vacant space in the fairway commercial portion of the development on Stelton Road, which I'm sure you're all are aware of with a veterinary office clinic to take over some of that space. We understand from the review letters that were obtained by us, from your professionals, that the use is not specifically included as permitted in this zone or frankly in any zone in the town. I'm not sure that it's a use that was contemplated at the time the zoning ordinance was put into effect, but that necessitates the need for the variance and the requests tonight for us to be here and get permission from you after you've heard our proofs and hopefully determined that we've satisfied our burden to allow this tenant to take this particular space with me tonight through remote access means Ron Beck, who's our Director of Planning and Engineering and Development and Justin Cielo who is a planner who will offer some testimony about the planning reasons why it'd be appropriate and not burdensome or negative to the zone plan zoning ordinance, or the general welfare at large.  
Speaker 9     00:17:54    I don't see Ron in here 'cause my screen only shows four people. But Ron, are you on with us?  
Speaker 10    00:17:59    I'm here.  
Speaker 9     00:18:01    Okay, thanks Ron. Which per at the board's pleasure perhaps Mr. Ley, you can swear in. Mr. Beck.  
Speaker 1     00:18:08    Mr. Beck, could you raise your right hand? Do you swear that the testimony you're about to give should be the truth?  
Speaker 10    00:18:14    I do.  
Speaker 1     00:18:15    Your name and address, please.  
Speaker 10    00:18:17    Sure. Ronald Emba, A-U-L-E-N-B-A-C-H 4 44 hose lane, suite 200, Skyway, New Jersey.  
Speaker 1     00:18:25    Thank you.  
Speaker 10    00:18:26    Thank you.  
Speaker 9     00:18:27    Thank you Mr. Kinneally. Mr. Chairman, with your permission I'll proceed.  
Speaker 1     00:18:30    Yes, please.  
Speaker 9     00:18:32    So, so Ron, I know the board probably knows who you are and what you do for your employer. Just for the record, identify your job title and what your responsibility has been with regard to this particular application.  
Speaker 10    00:18:46    Sure. Again, my name is Ronald Beck. I'm the Director of engineering planning and development for Edgewood Properties, the parent company of Fairways Commercial North. I've been involved with this project since its inception, probably 15 years ago. I oversee the engineering plan and development for the overall company for all aspects.  
Speaker 9     00:19:06    And tonight we're here to get permission to have a, a tenant take vacant space at the Fairway commercial portion of the development. Is that correct?  
Speaker 10    00:19:13    That's correct.  
Speaker 9     00:19:14    And this is an existing building, there are no changes to anticipated to the building footprint or anything like that?  
Speaker 10    00:19:20    That's correct. It's an existing site. It's fully developed. There's no changes to the building and or the site.  
Speaker 9     00:19:27    Alright. Can you tell the board a little bit about what the characteristics of this tenancy would be so that they can evaluate the propriety of having it in this location?  
Speaker 10    00:19:36    Sure. Laura, I'm gonna, I'm gonna try sharing my screen if I'm allowed. Oh yes, it'll  
Speaker 9     00:19:41    Work Ron.  
Speaker 10    00:19:42    Thank you.  
Speaker 10    00:19:50    Just so the board's aware, what I brought up was sheet. The overall site plan entitled OS one. This was part of what was included in the board's packet. As you can see on on the plan, there's four buildings located. They're mixed use buildings along Stelton Road. They contain retail slash commercial on the first floor with residential apartments above what we're here to talk to you tonight is located in building three, which is the second building from Ethel Road. These buildings contain, as I indicated, commercial on the first floor. Part of the struggle with some of the retailers here is these spaces that face inward. They don't have the frontage of road. So we have a tenant who's looking to occupy 3,500 square feet. It is a national tenant. It's E-V-S-E-V-S, pet urgent care. Who's looking to occupy this space? As Mr. Wilson indicated, obviously we're here because it's not a specifically permitted use in the zone and Mr.  
Speaker 10    00:20:49    Cielo will put on the planning criteria and proves for what we're seeking tonight. But as indicated, there are no changes to the site plan or the building itself. Again, as indicated, fairway's EVS is a urgent care for pets. They treat domestic and exotic pets, general health concerns, dental services, diagnostic labs, and advanced imaging injuries, trauma, specialty care. It's again, it's a place no different than you or I would go to for an urgent care to take care of something as opposed to going to the emergency room. This is the same type of format. They're the first stop. If something's wrong with your, your animal or pet, you bring it there rather than worrying about trying to find an animal hospital. There is no, there's no boarding here. There's no grooming. There will be no overnight stays at the place. The, there's no outdoor activities for the pets or animals. You simply go in, you take care of, have the doctors take care of your pets and you just simply leave. After that.  
Speaker 9     00:21:57    You give the board the anticipated hours of operation for the facility?  
Speaker 10    00:22:04    Yes, they are open approximately right now they won't know until they get there. 'cause obviously it's dependent. But their anticipated hours are 8:00 AM to 9:00 PM seven days a week.  
Speaker 9     00:22:15    Okay. And how many vets do veterinarians would be occupying space at Max?  
Speaker 10    00:22:22    Doug, I think they gave you my notes, but I believe it was three veterinarians.  
Speaker 9     00:22:25    You did gimme your notes, but I figured you would remember the three and how many exam rooms? Four are there?  
Speaker 10    00:22:33    There's four exam rooms? Correct.  
Speaker 9     00:22:35    Okay. I noticed in Mr. Chadwick's review letter he indicated that the no boarding or overnight use should be a condition of approval if the board were inclined to grant our approval. That is a condition that we find acceptable.  
Speaker 10    00:22:50    That's correct.  
Speaker 1     00:22:51    Mr. Wilson, I have to interrupt you for just a minute. Of course we have members of the public who are raising their hands trying to ask questions. I just wanna advise the public that the applicant gets to put their testimony on first. They put all their witnesses on at the conclusion of their testimony. The public will have the opportunity to ask questions or make comments, but you can't make comments or ask questions during the applicant's presentation. So you'll have an opportunity at the end of this presentation. Go ahead Mr. Wolves. I  
Speaker 3     00:23:24    May I interrupt Doug a second of the other con the other condition I should have had in the report, I assume they will not do any cremation at this site.  
Speaker 10    00:23:34    That's correct.  
Speaker 3     00:23:35    Correct. I would include that if the board approves it.  
Speaker 10    00:23:39    Thank you Mr. Chadwick.  
Speaker 9     00:23:41    Appreciate that John much. And in the review letter from the planning staff, there was an indication about, or a question about whether or not there'd be outdoor area for dogs to utilize and you respond to that inquiry?  
Speaker 10    00:23:58    Yes. As I indicated earlier, there is no outdoor area for the pets or storage of anything outside. It's limited to inside the building only.  
Speaker 9     00:24:07    Alright. And there was also a question raised. I know that the original approvals that were obtained for this site, there was a a, a parking variance of some magnitude 30 or 40 spaces below what was required out of the 600 or so. Is there anything about this use that would intensify or make worse that situation in terms of parking?  
Speaker 10    00:24:29    No. As a matter of fact, we reviewed this and updated our title sheet to include the doctor. Well we, we put down as a medical use, but 'cause obviously there's no permitted uses anywhere in town, so there's no parking requirement. But you know, what we took a look at was the typical ITE standard and under, under the ITE under land use six 40 animal hospital veterinarian. The parking actually is one space for every 357 square feet, which is more conservative than if it was a retail space. The retail required for this is one space for 300. So under this proposed use under ITE, we require less spaces than if it was just straight retail, less commercial.  
Speaker 9     00:25:14    And we, and we had to use the IT standard because this use doesn't appear anywhere in the zoning ordinance at all. So there's no, no way to guess to guess or know what the town's standard would've been.  
Speaker 10    00:25:25    That's correct.  
Speaker 9     00:25:26    Okay. So it's less parking is intents than the other permitted uses in the zone?  
Speaker 10    00:25:33    That's correct. Okay.  
Speaker 9     00:25:36    Mr. Chairman, Mr. Kean, I don't have any other questions. Mr. Beck, perhaps the board members have some questions about the use or the company that perhaps Mr. Beck can answer.  
Speaker 2     00:25:47    Thank you Mr. Wilson. Jonathan, do you have any other questions you wanna ask?  
Speaker 5     00:25:55    I have no follow-up questions. Thank you for the testimony.  
Speaker 2     00:25:58    Thank you Mr. Chadwick. Anything else? No. Okay. Anyone on the board have any questions or concerns they wanna raise at this time? Hearing none, I'd like to open this up to the public. Is there anyone in the public who has any questions, concerns, or comments about this request?  
Speaker 0     00:26:20    Are we doing public for each witness or are we waiting  
Speaker 2     00:26:22    Any  
Speaker 1     00:26:23    Testimony? Mr. Wilson, do you have a planner?  
Speaker 9     00:26:25    Yes. Mr. Cielo will be testifying next. Oh, I'm sorry. Okay.  
Speaker 1     00:26:28    Per, perhaps Mr. Weisman, we can hold off on questions Yes. And comments from the public until they're done.  
Speaker 2     00:26:33    Okay, good. Thanks. I apologize. Thank you. Okay, Mr. Wilson, you okay?  
Speaker 9     00:26:39    Alright. Thank you very much. Mr. Obeck will of course remain on the line to answer any questions that may have come up after both witnesses testify. Thank you for that. Mr. Oli. Mr. Cielo, you are on the line?  
Speaker 5     00:26:52    Yes, I am. Good evening.  
Speaker 1     00:26:54    Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth?  
Speaker 5     00:26:58    Yes, I do. Your  
Speaker 1     00:27:00    Name and address, please.  
Speaker 5     00:27:01    Justin Oslo. 52 Reckless Place, red Bank, New Jersey 0 7 7 0 1.  
Speaker 9     00:27:09    With your permission, Mr. Chairman, I'll proceed with Mr. Celo a as Mr. Ossis as a planner. Yep. Mr. Celo, can you give the board the benefit of your educational and qualifications to testify as an expert planner, please?  
Speaker 5     00:27:23    Yes, absolutely. So I'm a partner with Consulting Group outta Red Bank. I've been a licensed professional planner in the state of New Jersey since 2008. I've been qualified by over 200 land use board throughout the state in 20 counties. I have appeared in front of this board and, and the planning board on multiple occasions.  
Speaker 9     00:27:44    Okay. Thank you. Your credentials are fine.  
Speaker 5     00:27:46    Thank you Mr. Chair.  
Speaker 9     00:27:46    Thank you Mr. Chairman. Mr. Tocio, you've been asked to take a look at this site, the, the need for the variance because it's not expressly permitted in this zone, correct? Correct. Other zones, can you give the board the benefit of your analysis and the reasons why you think a variance to allow this use is appropriate under the circumstances here?  
Speaker 5     00:28:05    Yes, absolutely. So since this is a use variance, this falls under the, the Medici proofs or Medici standard. And there are certain proofs that that must be put on the record to prove to the board that the board can, can grant this relief. The, the first aspect of the Medici standards is, is whether or not the site is particularly suited for the use. As Mr. ABA had stated, the proposed location of this use is in a mixed use building. And of course this building is designed to accommodate a variety of, of service retail and office uses. The, the proposed use will be interior full indoor operations with no outdoor activity, no exterior modifications or changes to the circulation, the parking or the building form. You know, so for all of those reasons, it's my professional opinion that this site can accommodate the proposed use. And I would add to that, as Mr.  
Speaker 5     00:29:05    ABA had stated, which I think is a very important point of whether or not a site is suitable for this use. The parking as Mr. AK has stated, requires less spaces than retail. And retail of course is a permitted use. So for all those reasons, it is my professional opinion that this use is particularly suited for the site. The next part of the proof is special reasons whether or not there are any purposes of the municipal land use law that are advanced in court, in, in conjunction with the application. Certainly I see purpose A is advanced. This is a use that is inherent in my opinion to the general welfare of the community, provides essential services for residents pets. Certainly, it's my my opinion that certainly advances the general welfare and purpose. G there is sufficient space and appropriate locations on the site to accommodate this use.  
Speaker 5     00:30:00    Again, as, as testified by Mr. Oba and also with the operations as proposed for the site relative for the the enhanced quality of proof, the transit, you're addressing the negative criteria now, correct? Negative criteria. And so the first aspect of that is the enhanced quality of proof. And that requires an examination of the underlying zone. So the transit village zone permits a variety of professional services and, and medical office and, and retail of course and services. It is my opinion that the, the office use is comparable in scale, an operation to a veterinarian clinic. This type of clinic, my professional opinion is functionally a medical and professional office. It's got a, a very similar operational profile. The only difference is, is instead of me as a human going to an urgent care, it's pets going to an urgent care, the patient still sees a doctor and the patient leaves. So similar in, in, in form and function. It is my opinion that in terms of whether or not there's an impact to the master plan, I would say that this is a use that advances the goals of promoting commerce and providing essential services to the public, both of which the, the master plan speaks to. And also the transit village is intended to create a mixed use district and environment that is cohesive and well, well-planned.  
Speaker 5     00:31:34    The introduction of this use does not alter in any way or undermine the core intent of the zone. In fact, it's my professional opinion that it, you know, reinforces it. So for those reasons, I don't see any substantial impairment of the zone plan or the zoning ordinance relative to the second prong of the negative criteria. That's a showing of whether or not the grant of the variance will present a substantial detriment to the public good. Again, no exterior activity, no, no overnight boarding. That's a condition that will agree to and no cremation as well. Medical waste of course, as required under law will be handled through licensed professionals and procedures. And the operation, again of the site will be entirely indoors. So I don't see any substantial detriment public good. And if there is any detriment, the law requires that the detriment be substantial, not just any type of detriment. I think that's important to note for the record.  
Speaker 5     00:32:37    Lastly, to reconcile the zone's omission of this use from the zoning ordinance, again, as, as Mr. Wolfson had stated in his opening, veterinarian clinics are not listed as permitted use anywhere in the township zoning ordinance. To me, this global admission demonstrates that the township did not intentionally exclude this type of use from the Transit Village or any other district. Again, as I had stated, this is a use that, that operates akin to a medical or professional office. It's similar in purpose and design. It, it's my opinion that this fits within the established office categories that are already permitted, the zone. And again, the, the most reasonable reconciliation is that the ordinance intended such uses to be reviewed on a case by case basis with conditions. And that's exactly what's occurring here with the dialogue earlier with Mr. Oba and Mr. Chadwick. So with that said, the conditions that have been agreed to this use is fully consistent with, with the township's overall structure and the transit village purpose. So for all those reasons, I think the board can be comfortable with granting this relief and certainly the benefits do outweigh any detriments as well.  
Speaker 9     00:33:55    Ms. Ocio, thank you very much. I just take it, I wanna just clarify because it isn't permitted in the zone or any other zone. Your view is that that was potentially intentional so that the zoning board would've the opportunity to review each application and make sure that the location for each is appropriate. Because treating dogs and cats is not necessarily the same as treating as humans. And this gives them the opportunity correct. On an individualized basis to make sure that they think it's an appropriate spot for this use. Would you, is that a fair summary of what you said?  
Speaker 5     00:34:25    Yes, I absolutely agree. Okay,  
Speaker 9     00:34:27    Mr. Chairman, that would conclude our testimony from Mr. Cielo. The board has any questions and of course at this time, those are our only two witnesses and would be appropriate as I understand Mr. Kaley's procedure to open it up to the public thereafter.  
Speaker 2     00:34:40    Thank you. Anyone on the board have any questions, concerns at this time? Hearing none, I'd like to open this up to the public. Is there anyone in the public who has any questions, concerns, or comments they'd like to make at this time?  
Speaker 0     00:34:57    We have, it says SW iPhone?  
Speaker 11    00:35:00    Yes. Yes.  
Speaker 1     00:35:01    Okay. I needa iPhone. I need your name and address, please.  
Speaker 11    00:35:05    Yes, my, yeah, first. Good evening everyone. My name is Aji. My address is Rewe Pisca, New Jersey.  
Speaker 0     00:35:16    What was the address? I'm sorry.  
Speaker 11    00:35:19    Rewe. A-N-D-R-E-W-S way.  
Speaker 1     00:35:23    Okay, sir, I need to swear you in. Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth?  
Speaker 11    00:35:29    Yes.  
Speaker 1     00:35:30    Thank you. Go ahead with your questions or comments.  
Speaker 11    00:35:32    Yeah, yeah. As I said, I'm, I'm the homeowner and HAA member at the Illa at Fairway, which is behind this shopping complex. So we as a community strongly oppose the establishment of veterinary officer clinic at the proposed location. Our residents have expressed significant concerns.  
Speaker 1     00:35:50    Okay, sir, sir, you can only speak for yourself. Okay.  
Speaker 11    00:35:54    I, I express my significant concerns as I request the township to review this carefully before making a final decision. My concerns are, the first one is, it increases traffic and safety risk because wet clinic will bring frequent visits, emergency drop-offs, and pet transportation, increase traffic congestion at the main entrance. Next thing is the noise disturbance. Clinics often deal with barking or distressed animals creating noise that disrupts the peace of the community. The other one, the third one is order and waste concerns. Veterinary services generally generate animal waste and medical waste. So residents may worry, I may not, residents, I worry about orders, sanitation and waste disposal issues, especially it's close to my home. Next one is, is impact on my property value? 'cause having a clinic at the entrance may be seen as undesirable by potential buyers potentially lowering, pursuing my property value. Next one. My concern is negative impact on community aesthetics. The community entrance is a first impression, right? So a veterinary clinic does not align with the residential peaceful aesthetics of the community. Frontage. Next concern, my concern is visitors may wander into the community. People visiting the clinic may accidentally or intentionally walk into the residential area raising privacy, security and safety concerns for my family.  
Speaker 11    00:37:31    And it also increases the food traffic from non-residents can also make the community feel less secure and less private. And the other concern is allowing the clinic may open the door for more businesses in the area, changing the ni neighborhood character and that. And last my concern is potential pest attraction animal related facilities can attract pests, flies, rodents, if not managed carefully. So these are my concerns. So I request strongly the township to review this carefully before making a final decision. Thank you so much for giving me opportunities to  
Speaker 1     00:38:08    Speak. Tha thank you for your comments.  
Speaker 2     00:38:12    Is there,  
Speaker 9     00:38:14    I have no questions, Mr. Chairman.  
Speaker 2     00:38:16    Okay.  
Speaker 0     00:38:17    Okay. We have another one, Andy Yadav. Okay, there you go. You have to unmute. There we go.  
Speaker 1     00:38:30    Okay. Are you present Nandi? Yadav? Yes. Yes, I'm present. Okay. I need, I need to swear you in. Could you raise your right hand? Yes. Do you swear that the testimony you're about to give should be the truth?  
Speaker 12    00:38:39    Yes. The testimony I'm about to give is going to be the truth, yes.  
Speaker 1     00:38:42    Thank you. And could we have your name and address please?  
Speaker 12    00:38:44    Yes. My name is Nand Ave, as you can see on the screen. My address is 5 4 6 Doral Court, Piscataway, New Jersey.  
Speaker 1     00:38:52    Thank you.  
Speaker 12    00:38:54    So I'm gonna go ahead. I'm a resident of one of the units right behind where this potential urgent care for vets is about to come up.  
Speaker 0     00:39:07    Wait, hold on. I accidentally took her away. I'm sorry. Go ahead.  
Speaker 1     00:39:15    Are you back, ma'am?  
Speaker 0     00:39:16    Are you back?  
Speaker 2     00:39:19    Inandi? It says connecting.  
Speaker 0     00:39:21    Yeah, I'm sorry, I was getting everybody else ready and I hit her by accident. I apologize. Yeah, she has permission to speak. I'm sorry, I've never done that before. Here she comes. I'm sorry,  
Speaker 2     00:39:52    Nandi. Oh, I see. Connecting. All  
Speaker 0     00:39:53    Right. Yeah, it's still connecting. It's weird. She should have been able to come right back on.  
Speaker 2     00:40:06    Did it complete?  
Speaker 0     00:40:10    I mean, we have another one. I don't know if you wanna,  
Speaker 1     00:40:14    Mr. Chairman, we may wanna allow Ms. OV to reconnect and take someone else in the meantime. Okay?  
Speaker 2     00:40:20    Yes.  
Speaker 0     00:40:21    Yeah, the last name's Mandel, M-A-N-D-A-L.  
Speaker 1     00:40:26    Ash, Catan Mandel.  
Speaker 0     00:40:28    There you go.  
Speaker 2     00:40:32    Mr. Mandel.  
Speaker 1     00:40:33    Stelton Mandel. Can you hear us?  
Speaker 0     00:40:38    They have permissions.  
Speaker 1     00:40:45    Scha Mandel. Can you hear us? Do you wish to testify?  
Speaker 0     00:40:56    Oh my God.  
Speaker 1     00:40:59    All right. Andy's back. Mandy Yadav. Are you back?  
Speaker 0     00:41:05    No, I don't know why she keeps going out again. Oh my gosh. I'm sorry. All right. She's, she muted herself.  
Speaker 12    00:41:13    Sorry, I, I I lost,  
Speaker 0     00:41:15    I apologize. I hit the wrong button. I'm so sorry.  
Speaker 12    00:41:18    Yeah, it told me to mute myself, so I did. Alright,  
Speaker 0     00:41:20    Thank you. It worked. Thank you.  
Speaker 1     00:41:21    Appreciate it. You you cut out after you told us where you lived.  
Speaker 12    00:41:26    Oh my God. So I was talking the entire time. Okay. And  
Speaker 1     00:41:29    We could not hear you.  
Speaker 12    00:41:30    Okay, I'll go again. No problem. It's a wonderful Thursday evening. So I live at 5 46 Total Court, a unit behind where this potential urgent care will be opening up. The reasons that I am not in favor of this are similar to what my co-resident mentioned earlier, which starts with the fact that there is going to be value concerns, given that a vet location is not a veterinary location, is not something that is allowed in a lot of developments. This is an exception that we're going through. The renters may not wanna rent my unit, or a, a potential buyer may not wanna buy leading to less desirability. In addition to that, there's waste management concerns, sanitation concerns. Also the fact that they will be distressed in animals, in pain in the community while they're being treated or while they're waiting to be treated, which may lead to noise concerns as well.  
Speaker 12    00:42:27    In addition to that, while they're waiting for their appointment or their turn to come in, they may be wandering into the community. You know, maybe, you know, maybe that's their time of the day when they're going out to take a walk and a sick animal, a distressed animal walking into the community with a stranger is not something that, you know, we're comfortable with. I'm comfortable with in my, in my, in my development. In addition to that, there's obviously the increased traffic and the safety concerns there. There is a doctor's clinic right next door. There's, there's two doctor's clinics, actually there's a childcare down the road as well. There's a dental clinic as well. So this is, these are some of the reasons why I'm not comfortable with a, with a vet urgent care opening up in the development. So I would like you all to please reconsider. And if we could come to a, a, a decision which was going to be in the fa favor of the residents that have, have purchased and are, and are residing in the community for over 10 years at this point, like Ron mentioned, this was established 15 years ago, almost at that time, this time. So thank you very much.  
Speaker 13    00:43:38    Thank  
Speaker 1     00:43:38    You. Thank you for your comments. No questions Mr. Chairman.  
Speaker 13    00:43:44    Okay. We had another person.  
Speaker 0     00:43:47    Okay. Mandel's trying to get on again.  
Speaker 13    00:43:54    Good evening everyone. Am I audible to you? Yes. Hold  
Speaker 1     00:43:57    On one second. We can hear you now. I'm sorry.  
Speaker 13    00:43:59    Yeah, I lost my audio earlier. That,  
Speaker 1     00:44:02    That That's okay. We can hear you now. I need to swear you in. Could you raise your right hand?  
Speaker 13    00:44:07    Yes.  
Speaker 1     00:44:08    Do you swear that the testimony you're about to give should be the truth?  
Speaker 13    00:44:11    Yes.  
Speaker 1     00:44:12    Could we have your name and address please?  
Speaker 13    00:44:14    My name is Sahi k Mandel. I reside at three Masters Boulevard in the community.  
Speaker 1     00:44:23    Thank you. Go ahead with your comments or your questions,  
Speaker 13    00:44:26    Sir. I'm really, so something like, but urgent care clinic, if it comes here and it'll ruin the entire peaceful environment that we have here. I just recently moved here 11 months back. I bought in this community paying a very heavy price. You know, a lot of money I invested here and I like the serenity and calmness here. But I see if this development happens, then it will be, you know, that and peace and serenity, the calmness will go away of, of this community. I really don't want this to happen. I mean, before me, other residents have also voiced their concerns and, you know, the traffic issue, safety issue, cleaning, all those things. But the, the most is the traffic because you already have a lot of traffic in this area. And once the wet clinic starts here, then I think it'll be difficult for us to enter the community itself. So I'm really upset that this development is being considered. I mean, they should be taken away from a residential community in a commercial area where there is, you know, where residences are not there. And for these obvious reasons, I mean, we see the hospitals and urgent, urgent care facilities away from the residential complexes. So please take my request and see what you can consider.  
Speaker 1     00:46:03    Thank you for your comments.  
Speaker 13    00:46:04    Thank you.  
Speaker 0     00:46:05    No questions, Mr. Chairman. Anyone else? Yes, we have one more shred. Here. Here, Sr. Hold on one sec. Yeah, I saw EED. There  
Speaker 14    00:46:20    We go. Yes. Hi. Can you guys hear me okay?  
Speaker 1     00:46:22    Yes, we can hear you. I need to swear you in. Could you raise your right hand? Yep. Do you swear that the testimony you're about to give should be the truth?  
Speaker 14    00:46:29    Yes.  
Speaker 1     00:46:30    Okay. Could I have your name and address please?  
Speaker 14    00:46:32    Sridhar Panini 28 Andrew Sway.  
Speaker 1     00:46:37    Thank you.  
Speaker 14    00:46:38    Yeah, I object as well along with my other neighbors. We all live in the same community. My concerns are the similar concerns. One of the main concern is increasing the traffic. We already have a problem right now entering into the community and going outta the community. We have lot of traffic during, especially during the peak, peak times. That's one concern. The security concern. This is a gated community, closed community. We feel like strangers will be entering into the community and sometimes during the wait time, I, we can clearly see that the pets might be, they might be walking with the pets. There's no, there's nothing to stop them coming in. And we do have kids, small kids in the community. It's a kid, kids friendly neighborhood. Just safety is a big concern.  
Speaker 2     00:47:34    Anything else, sir?  
Speaker 14    00:47:35    That's about  
Speaker 2     00:47:35    It. Well, thank you.  
Speaker 9     00:47:37    Thank you. No questions Mr. Chairman?  
Speaker 2     00:47:42    Go ahead,  
Speaker 1     00:47:43    Laura. Anyone else?  
Speaker 0     00:47:45    Yeah, one got off. The other one pops on. So, Rob, SA or ab.  
Speaker 1     00:47:52    So Rob, can you hear us?  
Speaker 15    00:47:54    Yeah. Hi.  
Speaker 1     00:47:55    Hi. I need to swear you in. Could you raise your right hand? Yep. Do you, do you swear that the testimony you're about to give should be the truth?  
Speaker 15    00:48:02    Yes.  
Speaker 1     00:48:02    Your name and address please.  
Speaker 15    00:48:04    Hi Sarah Git Singh. 8 44 Liberty Court. This cutaway. Thank  
Speaker 1     00:48:09    You. Go ahead.  
Speaker 15    00:48:11    So actually we have like a special kid and he tend to like sit on the grass and sometimes like he'll pick grass and eat. And with like our, our biggest concern as a family is like, like him going like through area like, and you know, like, and with sick, sick pets coming there. We don't want, want him to like, catch any infection and all. So his safety and sickness is our top, top concern for this.  
Speaker 8     00:48:39    There are others?  
Speaker 15    00:48:43    No,  
Speaker 9     00:48:45    No questions. Mr. Chairman?  
Speaker 2     00:48:46    Thank you Mr. Mr. Singh. Anything else?  
Speaker 15    00:48:52    No, I, I think that's it. That's our, other people have already raised the concern, but this is our like, safety and like health is our, our biggest concern from, from our point of view.  
Speaker 2     00:49:01    Thank you for your comments.  
Speaker 0     00:49:05    Okay. No one else Chairman.  
Speaker 2     00:49:08    Okay. I would like to go ahead. Oh, someone just tried to jump in,  
Speaker 0     00:49:16    Mr. Chairman and no one else was raising their hand.  
Speaker 2     00:49:17    Oh, Mr. Shah. Chadwick.  
Speaker 9     00:49:19    Yes.  
Speaker 0     00:49:20    Oh, it's John,  
Speaker 2     00:49:22    Were you making a comment? No. Oh,  
Speaker 9     00:49:25    I, I think that was me. Mr. Chairman. Yes. The procedural agent question is once the public portion is closed, yes. We have not done yet that. Okay. Would you like to give us an opportunity to receive?  
Speaker 2     00:49:38    Very much so. Alright, if there are no other comments coming from the public, I'd like to close the public session. And Mr. Wilson, would you like to address just  
Speaker 9     00:49:48    Briefly if the court, the court. Hi, I just elevated you.  
Speaker 2     00:49:52    Thank you.  
Speaker 9     00:49:53    So if the chair would permit me, I would appreciate it very much. I, we listen of course very carefully to what the residents have said to to the board and we are certainly not insensitive to those issues. But I would point out a, a couple of items. One is that you heard a, a common theme from each of the four or five people who testified that they were concerned about traffic. You heard testimony from the ITE manual that this is a lower traffic generator than what is otherwise permitted from a retail establishment. So something will go in that space. If it's not this, it'll certainly be a retail space that's permitted and that will generate more traffic. So that's certainly in, in our view for what it's worth, would not be an appropriate weight to give that testimony. 'cause it isn't based on any kind of expertise and it's inconsistent with the, the, the treatise of the ITE, which is well accepted.  
Speaker 9     00:50:51    I think Mr. Kinneally would tell you that if you don't already have that view of the world, that that is the bible for traffic engineers. With regard to the idea that pets are gonna be walking around. First of all, this is not a pet free community to begin with. So there are many, many, many residents, none of whom are out today to complain because they wanna have a place to bring their pet if a pet gets suddenly ill or sick. And to the extent that people are worried about pets walking around, they're already walking around because there's no restriction against the tenants or the homeowners to have pets. And this is a closed facility. It's urgent care. These are pets that are in distress that are coming in to be treated and not overnight. So they're in and they're out the same way. You'd go to an urgent care if you had a, a splinter or a bad cough or something else where you need to be treated at, not at, at not a hospital level.  
Speaker 9     00:51:45    And in terms of the noise, this is a closed facility. So I don't understand how that could really be a significant factor. 'cause there's plenty of other uses that are permitted that would generate I I'm sure equal or greater noise factor. So something will go in the space. It's not a huge space, it's 3,500 square feet as you heard Mr. Beck indicate it's a lower traffic generator than all of the other permitted uses that would be allowed there. And it, it is in, in an area where pets are permitted anyway. Although I don't think you'd see your owners being complained about other renters or other owners and I don't think you'd see people who are bringing their pets in that are in distress walking around willy-nilly k killing time while they're waiting to be reached. So having said all that, I'm comfortable that we've given you sufficient proof for you to understand other reasons why it's an appropriate use for the site. I of course defer to the board's judgment and evaluating the proofs that we have. And I would urge you to act favorably on the application so that we don't have vacant storefronts in this facility. Thank you very much Mr. Chairman and Mr. Thank you.  
Speaker 2     00:52:58    Anyone else on the board have any questions or concerns? Again, one more time, Jonathan or John either?  
Speaker 3     00:53:05    No, I have, I have one, one question to the board. I think if the board does find that they're gonna prove it, that there ought to be some agreement with either the owners association or the owners of the commercial on outdoor maintenance, meaning cleaning up as well as a indoor maintenance program in terms of waste. Obviously going to a restaurant doesn't, general public doesn't have that problem, but taking a pet to and from these type of facilities, I think there needs to be at least some kind of outdoor program that can be enforced.  
Speaker 9     00:53:55    I'm sorry, Michelle. You go ahead Ron. You went first.  
Speaker 10    00:53:59    I'm sorry. Yeah, John, obviously this is, you know, has the residential, the retail with the residential above which are apartments which we own and manage. So we own and manage and maintain the entire commercial and the apartment section. Okay. So we'd be happy to, you know, make sure there's a, an agreement in place to make sure that's taken care of.  
Speaker 3     00:54:17    Yeah, I mean you could write it into your attendance lease or however you want do it. I'm not, that's, you know, that's outta my area.  
Speaker 10    00:54:26    We don't have, we don't have any issue with  
Speaker 3     00:54:27    That. I, I think you need to have something  
Speaker 10    00:54:29    Understood.  
Speaker 9     00:54:31    Thank you. The good  
Speaker 2     00:54:32    It shows a good attitude towards the neighborhood, right? You are working together  
Speaker 9     00:54:36    A hundred percent. A hundred percent. We're on board.  
Speaker 2     00:54:38    Anyone else? Yes, Jonathan.  
Speaker 5     00:54:40    The only thing I'll add is repeat is if the board looks favorably, favorably upon this, we want a deed restriction. No overnight stays, no boarding, no cremation,  
Speaker 9     00:54:52    Mr. Chairman and, and Mr. Keneally can, can I be heard on that? I don't have any problem with the condition that says that. And I think Mr. Beck admitted that testified to that as well. But putting a deed restriction on property that far exceeds the 3,500 square foot space that this is in is really a problem for us. I mean, I, I don't like having deed restrictions that are forever on property this large where we're talking about a very small tenant space. The tenant may be there for, you know, I dunno how long the initial lease is planned for, if it, even if it wasn't signed, but a year, two years, five years. So to have a deed restriction that's a permanent restriction in alienation on the property, I think is overkill. I certainly think a condition that can be enforced by the personnel of the township and representatives, that's part of the condition of approval is adequate protection.  
Speaker 9     00:55:45    And we're certainly willing to embrace that as a condition of any approval the board gives us. But I I would strongly resist a deed restriction on a and block that is far, far more expansive than this 3,500 square feet. 'cause it's the entire lot that then is restricted not just one piece and it's the same enforcement. Whether you enforce the condition of approval or enforce a deed restriction, it's not a de a heavier or lighter burden. It's exactly the same. So you'd have exactly the same protection with the condition. In fact, you could, you could do a cease and desist because we're violating a condition. You may have even more power if it's a condition of approval than you would've a deed restriction.  
Speaker 1     00:56:30    Mr. Chairman, I tend to agree with Mr. Wolfson that a deed restriction on this entire parcel may be exceeding our legal authority. Since we're only talking about a 3,500 square foot portion of the property. I do believe that a condition of approval is enforceable and would effectuate the protections that the board has indicated that they want.  
Speaker 9     00:56:54    Thank you. Thank you. Appreciate that. Thank you.  
Speaker 2     00:56:57    Okay. Any other questions or concerns at this time from the board? Hearing none, I'd like to make a motion that we approve this request with the stated conditions. Can I get a second?  
Speaker 9     00:57:15    I second  
Speaker 2     00:57:16    It. Thank you Arnie. Well the clerk please take a roll.  
Speaker 0     00:57:20    Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio?  
Speaker 2     00:57:26    Yes.  
Speaker 0     00:57:27    Mr. Blo? Yes. Mr. Heka? Yes. Mr. Mitterando? I recuse myself. Mr. Ley? Yes. And Chairman Weissman? Yes.  
Speaker 9     00:57:40    Mr. Chairman, thank you very much for your kind attention to this evening. Mr. Kenley, thank you very much for your attention as well and members of the board thank you and have a great night.  
Speaker 2     00:57:50    Happy Holiday  
Speaker 1     00:57:51    At our next meeting holiday send a copy to you.  
Speaker 2     00:57:53    Thank you for the promotion.  
Speaker 9     00:57:57    Thanks Jim. Appreciate it.  
Speaker 2     00:57:59    Good night Moving. Moving on. Item number 1724 ZB 69 slash 70 V Venture net properties LLC  
Speaker 16    00:58:14    Thank you members of the board, board professionals. My name is Tim Arch. I'm an attorney licensed in the state of New Jersey. I'm here representing Venture Net. As you might recall, this application was in front of you already. This is for property at 4 25 hose lane. We're seeking to use the property as the applicant's corporate headquarters that'll have a combination of office showroom, light assembly, and storage of home goods, flooring and furniture. At the last hearing, we put all of our testimony on the record and if you recall, the board chair requested that we defer the vote so that any members of the board or any personnel of the township could conduct a site inspection to help ensure that there were no maintenance violations present on the site. That that inspection was done. And I certainly don't wanna speak for Jonathan, but my understanding is that he was pleased with the results of that inspection. And so I will, I'll certainly defer to him to to place anything he wants to say on the record. And the only thing I believe is remaining is to open it up to the public and is to then go to a vote.  
Speaker 2     00:59:23    Thank you. You're right Ms. Jonathan.  
Speaker 5     00:59:28    Yes can confirm. I did a site visit with our fire marshal. No comments from myself or the fire marshal with respect to exterior fire safety or conditions.  
Speaker 2     00:59:41    Thank you. Let's open this up to the public 'cause that was where we left this off. Anyone in the public have any questions, concerns, or comments at this time?  
Speaker 0     00:59:52    No. One Chairman.  
Speaker 2     00:59:54    Thank you. I'd like to close the public session session and I'd like to make a motion that we approve this. I second. Thank you. Kalpesh. Will the clerk please call the roll?  
Speaker 0     01:00:05    Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Regio?  
Speaker 2     01:00:10    Yes.  
Speaker 0     01:00:10    Mr. Blo?  
Speaker 3     01:00:12    Yes.  
Speaker 0     01:00:13    Mr. Heka? Yes. Mr. Mitterando? Yes. Mr. Riley? Yes. And Chairman Weisman?  
Speaker 2     01:00:19    Yes.  
Speaker 1     01:00:21    Mr. Arch, we'll memorialize this at our next meeting and send a copy to  
Speaker 16    01:00:24    You. Thank you so much everybody. Have a wonderful evening. Stay warm.  
Speaker 2     01:00:27    You too. Thank you. Moving on. Item number 1825 dash ZB dash 44 slash 45 V nd k Realty. LLC.  
Speaker 3     01:00:43    Mr. Chairman?  
Speaker 2     01:00:45    Yes.  
Speaker 3     01:00:46    Just making sure the audio's working.  
Speaker 2     01:00:48    We hear you sir. It's  
Speaker 3     01:00:49    Alright. Bob Smith, I'm a licensed attorney in the state of New Jersey and I'm here tonight representing NDK Realty LLC. We're before you tonight seeking a use variance to allow a a convenience store and gas station at the corner of South Washington Avenue and Centennial Avenue. The blocks at the address is 1600 Washington Avenue Block 5 1 0 1 lots. 8 9 10 0.02. 6.02, 7.02. And the zone is an LI five. And that's what creates the, the, the reason for being in front of the zoning board. The LI five zone is one where we have a five acre requirement for a light industrial use. We are proposing what is a non permitted use, namely the commercial convenience store with the gas station.  
Speaker 3     01:01:50    We're here to tonight with a couple of goals in mind. One is it has been our understanding throughout this process that the Piscataway administration would very much like to see hotels on major corners in Centennial Avenue. In fact, I'm sure this board is probably did the approval on the Wawa that is down on River Road in Centennial Avenue, which also has a small hotel with it. And we're trying our best to be sympathetic to the requests of the town or at least the current vision for the town. We do not have a hotel tenant at this point, but we wanted to show in our site plan application that as we seek a hotel tenant for that property, that it's compatible, that it fits, it's not a burden on it. And we hopefully can make the administration hap happy when we do get the hotel tenant, which we're looking for.  
Speaker 3     01:02:58    So in, in a nutshell, we have a gas station with a 5,670 square foot convenience store along with additional site improvements including new storm water management facilities. In addition, we're car carving out a space for a possible future development of a four story a hundred unit hotel building. The gas station and the store component is proposed to be built first with the hotel portion being reserved for a future site plan application once we have a potential tenant located for the site. The purpose of including the hotel depiction is to demonstrate the suitability of the site to accommodate this future use as well. Access to the gas station and store will be provided from two access points along Centennial Avenue as well as an access from South Washington Avenue. The access from South Washington is positioned to allow vehicles exiting from I 2 87 to have direct a access from a controlled intersection onto the property.  
Speaker 3     01:04:04    The applicants have coordinated with the addition property owners of Lot 6.02 and 7.02 to arrange access for trucks heading to the neighboring distribution facilities to cross one way through the applicant's property, eliminating the need for the truck traffic to go down to South Washington Avenue while exiting I 2 87. And I'm gonna go through variances and what we hope to prove. But we have a special request tonight, Mr. Chairman. And that is we would ask that you we're, we're gonna try and finish the case and at 8:04 PM I think we can do that. We're gonna try to finish the case tonight, but we'd ask that you hold on a vote until we can provide a couple of other pieces of information that I think Mr. Chen requested in his report. We'd like to make sure that's part of the record and that the board has a chance to consider those two additional items of information.  
Speaker 3     01:05:02    So if you wouldn't mind, unlike every other applicant in the world who was in a hurry to get a a vote, we're not, we're asking that you all this until January for a, for a final vote. So the variance that we're focusing on is the D variance for the use. As I said, this is an LI five zone and the proposed gas station and convenience store with future development of a four story hotel building is not normally considered LI five and hence we're in front of the zoning board of adjustment. There's a whole bunch of bulk vari vari, I'm sorry,  
Speaker 1     01:05:42    Go ahead Mr. Smith.  
Speaker 3     01:05:43    There's a whole bunch of bulk variances that are also requested, but in the main, most of these bulk variances re result from the fact that we have an ally five zoning structure in place. And when you put in the commercial use, whether it's the the gas station and or the convenience store that makes lights go off in a whole bunch of areas, our planner will provide the justification that the board needs. In that case, it's my intention Mr. Chairman, to call four witnesses. And the four witnesses are Mr. Chris Sole of Menlo Engineering will be our pro, who is our project engineer. Secondly, we have representing quick check, Mr. Stewart Kimmel, who is thoroughly familiar with quick check Operations. We have our traffic engineer John Ray from McDonough and Ray Associates. And our planner tonight is Justin osce, who is the planner on the fairways application. And with, with your permission, I'm just gonna mention the professional staff reports that are in your files and and acknowledging them for the record.  
Speaker 3     01:07:00    First, there is a planning report from Mr. Chadwick, the last one dated December 5th, engineering report from DNR Engineering. That's Mr. Carly dated October the 26th. CME has a traffic report dated December the fifth. The fire safety review is in a memo dated September the ninth. There's a tri-party staff memo dated December the fifth. And finally there's the Public Works report dated October the first. We're in receipt of all those and we plan to respond to the, to the reports of your professionals. So with your permission, Mr. Chairman, I'd ask that our civil engineer, Mr. Zale, be called and sworn so that he can give testimony.  
Speaker 1     01:07:43    Mr. Zale, are you present?  
Speaker 17    01:07:44    Yes, I'm here.  
Speaker 1     01:07:46    I need to swear you in. Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth?  
Speaker 17    01:07:51    I do.  
Speaker 1     01:07:52    Thank you. Your name and address please?  
Speaker 17    01:07:54    Yes, my name is Christopher Sole. Last name is S as in Sam, Z as in Zebra, a LAY. I currently work at Menlo Engineering Associates, located at 2 61 Cleveland Avenue in Highland Park, New Jersey. I received a bachelor's degree in civil engineering from the University of Rhode Island 2008 and I've been a licensed professional engineer in the state of New Jersey since 2013. And my license is in good standing. I've testified in front of this board as well as numerous other boards throughout the state. You  
Speaker 1     01:08:21    May  
Speaker 3     01:08:22    Continue as, could he be accepted as a license PE in the state?  
Speaker 1     01:08:27    Yes. Thank you. Certainly.  
Speaker 3     01:08:28    Good. And just before I ask him questions, and only because I'm getting more mature, I would like to just for the record, ask Mr. Kinneally if he had an opportunity to look at our notice requirements, which we provided to the board and I, are they appropriate?  
Speaker 1     01:08:46    I did review the notice it is appropriate and the board has jurisdiction to proceed.  
Speaker 3     01:08:49    Thank you Mr. Kinneally. Alright, Mr. Zale, you this, these plans were prepared by you and Menlo, correct?  
Speaker 17    01:08:57    Correct.  
Speaker 3     01:08:58    Okay. We need you to do what good planning engineers do, which is I need you to describe the, the current site and then describe what our proposal is and anything you miss, I'll remind you of.  
Speaker 17    01:09:13    Perfect. Thank you. So tonight to aid in my description of the, the property and what we are seeking approval to, if I have permission, I'll share my screen.  
Speaker 1     01:09:25    Yes.  
Speaker 17    01:09:27    Which, if you can see the current exhibit I have on my screen tonight, we've created two exhibits, the first of which currently shown is entitled ND k Realty existing Conditions exhibit dated 12 11 20 25. What this exhibit depicts is an aerial background, which shows the existing conditions of the site with the property boundary highlighted and a bit of the surrounding area around the site so that we can describe the area and the second exhibit.  
Speaker 1     01:10:04    And that was, okay, lemme lemme stop you. That was, that was not submitted as part of your application package,  
Speaker 17    01:10:09    Is that correct? Correct. That was not part of the  
Speaker 1     01:10:11    That would be a one, yes. Go ahead.  
Speaker 17    01:10:16    And the second exhibit is entitled NDK Realty Overall Plan Exhibit also dated 12 11 25. It has the same aerial background showing the surrounding areas, but within the subject property we have a colorized rendering of the submitted site plan with landscaping turned on and zoning shown as well.  
Speaker 1     01:10:37    That will be a two  
Speaker 17    01:10:39    A two,  
Speaker 17    01:10:41    So back to a one and describing the property. So the subject property is an L-shaped property designated as block 2101 lots, eight nine and 10.02, which are shown on site. And then there's a portion of lot 6.02 and 7.02, which is actually offsite and part of a triangle piece of land to be acquired by the owner of the subject property from the adjacent property owner. And these are all shown on the tax map of Piscataway Township. The site is located on the northwest corner of the Signalize intersection of South Washington Avenue and Centennial Avenue. The property has about 400 linear feet of frontage on South Washington Avenue on the, the west side of South Washington Avenue, and approximately 650 linear feet of frontage on the north side of Centennial Avenue. And for records, south Washington Avenue is a county road, also known as County Road 6 6 5.  
Speaker 17    01:11:44    Overall, the property with the triangle piece acquired is 5.1 acres in area and it's located entirely within the LI five light industrial zone. Surrounding the property again to the north being an LI five zone, there is a warehouse beyond the warehouse is the 2 87 corridor. To the east is retail. There's the Centennial Square Shopping Center and Piscataway Town Center to the south, there's an office building, some wooded area, and then additional industrial warehouse spaces. And similar to the west, our industrial and warehouse space uses. You'll see the property is currently mostly developed and disturbed. There's two single family homes located near the southeast corner of the property along the frontage of South Washington Avenue. There's a driveway on South Washington Avenue for access that is shared between the two single family homes to the west of the single family. Homes and South are remnants of an outdoor industrial storage space that was used over the years, but has mainly been vacant for some time.  
Speaker 17    01:13:00    There's an additional access point on Centennial Avenue near the southwest corner. The offsite area to be acquired is have wetlands that contain a 50 foot transition area, and then there's some additional open space kind of on the northeast corner of that triangle. And then at the northeast corner of the property, north of the single family homes, there's smoke and space and, and a tree line that's mo mostly encumbered by an isolated wetland. The site does slope from this northeast corner from so Washington Avenue towards the southwest corner of the site along Centennial Avenue has about a 15, 15 foot grade change over that. So that's important to know as we go through the proposed improvements and design. So moving to exhibit A two and what we are seeking approval for tonight would be the, the demolition of the two single family homes and the remnants of the industrial outdoor storage space to construct a 5,670 square foot quick check convenience store and gas station with canopy containing 16 fueling stations.  
Speaker 17    01:14:20    And then there's 84 associated parking spaces on site. Again, this is a, a use variance is required since the convenience store is not permitted in the LI five zone, where a different use such as a warehouse would be a permitted use. The store is be located at the southeast corner of the property near the intersection of South Washington Avenue and Centennial Avenue. And the principal building meets all required setbacks and building height requirements. The fueling station is located just north of the convenience store containing 16 fuel pumps under a canopy, which will all sit on a concrete slab. In addition to the fuel pumps, there will be four 20,000 gallon underground fuel storage tanks. Also lo located below a concrete slab, obviously for storage of, of fuel for the, for the gas station pumps.  
Speaker 17    01:15:26    Access to the property is proposed at three locations, one on South Washington Avenue and two on Centennial Avenue. The access on South Washington Avenue is at a signal, an existing signal, which currently has traffic flowing north and south Washington, north and south on South Washington Avenue, as well as traffic coming from the 2 87 corridor down an off ramp to that signal. We're proposing a, the fourth leg of that traffic signal. This will be a mostly almost full access movement right in right out. Sorry, yeah, right in, right out and left out as well as in from the 2 87 off ramp, but left ends from South Washington Avenue will not be permitted.  
Speaker 17    01:16:29    The second access point I'll talk about is on Centennial Avenue. It's about 190 feet from the intersection of South Washington and Centennial. This access way is a right in right out only Centennial does have a, a median or a barrier that prevents left in at this location. But the third access point will be a full access driveway, proposed full access driveway right in right out, left in, left out. And to facilitate that left in movement, we are proposing modifications within Centennial Avenue to provide safe access, a safe queuing point for vehicles to, you know, wait for a gap in traffic from the signal and make a left turn in from Centennial Avenue. So we're providing, again, access points from any direction that you are approaching. The quick check left in from Centennial Avenue right in from Centennial Avenue and a, if you're coming south on South Washington Avenue, you can make a right in. And if you're coming north on South Washington Avenue, you can make a left on Centennial and make your way into the facility as well.  
Speaker 17    01:17:49    The, so in addition to, to these access drives, due to the traffic on South Washington Avenue, we are actually proposing to widen south at Washington Avenue to provide a new right turn only lane and and queuing space. It's about 200 feet long and you can see where the, this dash line shows the existing edge of pavement. We're widening South Washington Avenue about 12 feet to provide a right turn lane to help mitigate the impact of the quick check. And it not only mitigates the impact of the quick check, it actually improves time through the intersection under the proposed condition. So after the, the full facility is built gas station convenience store time through the intersection will actually be decreased by providing this, this right turn lane as well as what Mr. Smith discussed, which is providing interconnection between the subject property and the adjacent property owner having a into the warehouse loading area and one way into the adjacent parking area for the warehouse.  
Speaker 17    01:19:09    It reduces the number of vehicles that will be traveling through the South Washington Centennial AAV signal. They can have direct access from 2 87 into the, the warehouse facility without having to travel through, through the signal. So again, you know, we're providing safe access to the site from all four directions and we're actually, IM improving the, the time through the, the South Washington Ave signal parking on site. As I stated, the convenience store requires 33 parking spaces, which is based on a, a parking requirement of one per one space per 175 square feet of retail area. At 5,670 square feet, we required 33 parking spaces. As I stated, there's 84 parking space proposed on site 60 in the immediate vicinity of the, the quick check, which is along the eastern and southern property line. And then also facing the convenience store. Quick check, obviously being a brand has a specific layout for the building. There's two main entrances on the east facing facade near the northeast and southeast corner of the storefront. There's 22 parking spaces proposed facing the quick check facility on a concrete slab, including four a DA parking spaces. There's bollards lined along the head of all of the parking spaces to provide safety for anyone. Pedestrians that are, you know, out of the car walking along. There's a six foot wide walkway between the bollards and parking spaces and a building. So providing a safe route for visitors to enter the convenience store.  
Speaker 17    01:21:11    In addition to the 22 spaces facing the convenience store, there's 24 spaces that are really right in the immediate vicinity of the store. So provides ample parking for the convenience store, which is, you know, obviously desirable for anyone visiting and, and entering the store for, for purchasing, you know, any, any sort of goods. Then there's an additional 14 spaces as you kind of extend towards the gas station canopies. There's an additional 14 spaces beyond the convenience store that lead to three EV charging stations and two air pumps at the end of that parking aisle. Behind the quick check, we are proposing a 12 foot wide striped loading zone for obviously deliveries to the convenience store. There's also a 15 foot wide fueling zone striped for refueling or re refilling the underground storage tanks.  
Speaker 17    01:22:18    This, this provides a safe area for any trucks making deliveries to not be in, in the way, you know, creating traffic within the drive aisles on site there. It's, it's off the drive aisle. Plenty of space for these trucks to to to pull off and, and make their deliveries and, and fill the fuel storage tanks. The drive aisles are a minimum of 25 feet, specifically where the 90 degree parking spaces are. That's in compliance with the township ordinance. And then the, the aisles are a maximum of about 31.25 feet, and that's on either side of the fueling stations. And that helps, again, facilitate safe maneuvering of these trucks in and around the fuel station to make the deliveries and to, to traverse the site as well as aid if any emergency vehicles ever need to, to enter the site truck movement plants have been provided, which so that there is ample room for, for the maneuvering of, of the larger tractor trailers to enter the site as well as any emergency and, and fire, fire trucks that'll enter the site.  
Speaker 17    01:23:34    Quick check does expect about one fuel delivery per day to the underground storage tanks and two to three store deliveries per week. Again, there's, you know, these, these safe striped areas where, where it won't impact other, you know, customers visiting the site. And off the northwest corner of, of the building, there is a, a dumpster or a concrete pad for a dumpster and recycling within and a masonry enclosure. And we anticipate two to three pickups for the, for the trash and recycling per week. But it can be a as needed along the perimeter of the site. Sidewalk is proposed along the entire frontage as well as fiber optics underground, both required by the township and the sidewalks range from, from five feet wide along Centennial to six feet wide along South Washington Avenue due to the grade change, there's some grade change from South Washington Avenue, actually down into the site.  
Speaker 17    01:24:49    So there's a retaining wall that's proposed between the access drive at the signal to the internal access drive, and then the, the retaining wall runs along the, the eastern property along along South Washington Avenue to make up some, some grade change. And that retaining wall will have a, a fence up top for safety for anyone walking down the sidewalk on South Washington Avenue. And again, any improvements along South Washington will be reviewed by the county, BNA County Road and, and actually also by the DOT due to the modifications to the signal at the 2 87 south or 2 87 off ramp. So if any concerns there are about, you know, modifications and safety to the site, it'll be reviewed by numerous agencies including the, the township county and DOT.  
Speaker 17    01:25:40    And finally, there's two freestanding signs proposed. There's one at the South Washington Ave access drive that, that pylon sign is proposed to be 150 square feet setback, 20 feet from the right of way and 20 feet high, and a second pylon sign proposed near the right in right out driveway, closest to the signalize intersection at South Washington and Centennial. And that pylon sign is proposed 120 square feet setback, 20 feet from the property line and is 20 feet high. And it's, you know, the standard quick check convenience store and gas station sign that, that I'm, I assume we have all seen throughout town and, and in other townships in New Jersey and it's their, their standard prototypical signs.  
Speaker 17    01:26:35    So that's really sums up the, the proposed, the proposed layout and improvements as stated, there are a, a number of variances including the use variance for the convenience store. And this use variance really subsumes any additional variances. But just to, to, to name a few and I'll, I'll leave for the planner, but there's a, a lot depth three requirement of 300 feet where there's 243 feet on centennial and 179 feet at, at minimum on South Washington Avenue. So there's a variance there. Minimum floor area of 20,000 square feet. Again, this is a light industrial zone, so anticipating warehouse space and, and flex space 20,000 square feet, the minimum where we're proposing 5,760 square feet. There's also a parking setback, parking and loading setback of 25 feet from street lines. We're proposing eight feet. Again, all these variances will be subsumed under the use variance and, and I'll leave it to our planner to, to really go through and, and justify these variances, but mainly the use variance.  
Speaker 17    01:27:42    Moving on to stormwater and utilities, being that we are increasing impervious coverage by more than a quarter acre and disturbing more than an acre. This is a major development that triggers stormwater regulations. We're proposing a conventional stormwater system of drainage, catch basins, inlets and underground pipe, which convey runoff from the proposed improvements and impervious coverage to two bio retention basins located at the, the west or southwest corner of the site. The bio retention basin serve multiple purposes. They provide water quality to any runoff from paved surfaces to a minimum of 80% TSS removal, and they provide quantity reductions so that the proposed stormwater runoff from the site is less than what is existing today. So we're actually making, again, the stormwater runoff p peak rates improve from what the current conditions are. In addition to the water quality achieved by the bio retention basins, quick check has a, a typical water quality device that's added to the stormwater system for even an an additional way of achieving water quality that, that serves stormwater runoff downstream of the fuel stations.  
Speaker 17    01:29:11    Again, in case you know, there's any, any fuel that makes its way into runoff, there's a water quality device in the system that will, that will pick that up and, and clean the water prior to it being cleaned again within the bio retention basin, the design meets all township municipal outside agency requirements, including DEP. Again, we're, we're filling the isolated wetland at the north corner of the property, so the DEP will be reviewing the plans for permitting and they'll be reviewing the stormwater management as well. So there, there will be a, there should be a level of comfort that the DEP will review and confirm that we are complying with all, all state standards. Propose utilities include water, gas, electric, sewer, and these will be connected to the existing infrastructure and and utilities that are located within South Washington Avenue and Centennial Avenue. And again, we'll apply for any, any utility service permits and, and make any applications that are required.  
Speaker 17    01:30:20    And then again, the fiber optics are provided along the entire frontage, along the property lines as as required by the township. As you see in the plan, we are providing a substantial amount of landscaping. The middle area here that you see in green is the area that's being designated for future development. We do lightly dash in the, the, the future four story hotel with a hundred units to show that it, it does work, but really since we are not seeking approval for it tonight, we kind of shaded it back to, to show what would be constructed if this application is approved by the board, the applicant's proposing to, to meet the ordinance requirements for a tree replacement, street scape and trees required based on the amount of parking space area. So in total we're proposing 50 shade trees, 67 evergreens, 287 shrubs and 286 ground cover.  
Speaker 17    01:31:26    And again, we're, we're in compliance with the, with the ordinance as far as meeting all those tree replacement and, and parking space area requirements. We do agree to work with the planner there. There was a comment about adding landscaping along South Washington Avenue, really due to the, the constraints of the sidewalk and the grade change and the road widening. We, we don't have a lot of, don't really have space for trees within the right of way, as you can see as it's mostly impervious. And we'll work with the planner to, to their satisfaction again, to, to add any islands if necessary. But again, we're, we're, we're complying with the ordinance as far as the number of trees, we just are not complying with exactly where the ordinance designated that they should be located. So we, we do agree to work with the planner to their satisfaction. Right.  
Speaker 3     01:32:21    And Piscataway has a landscape architect, so make it the planner and the landscape architect.  
Speaker 17    01:32:27    Yes. Right. You're you're right about that. And then moving on to lighting, we're, we're designing this site to be safe and adequate. It meets all township standards. There are 18 pole mounted lights mounted at 18 and a half feet high. These are LED light fixtures. There's 10 wall mounted lights on the quick check and and gas station canopy. There's an additional 11 building canopy and 24 gas station underneath canopy lights, you know, going to a, to a gas station. They are lit to be, to be bright enough to be safe for, for, you know, gas station attendants in any pedestrians and customers walking around. So we comply with all township and, and state statutes on that front. The average foot candles within the drive aisles is about two 2.36 foot candles, 3.75 in the gas station parking areas, and 34 within the gas station canopy area. And again, these are all typical of a gas station facility. And, and that really wraps up my, my direct testimony on the application.  
Speaker 3     01:33:44    So Mr. Chairman, Mr. Zule is available for questions and I'd ask if we could go over reports as a group. In other words we'll get the case in and then, because many of the reports when they have an issue, it might require the testimony or response from several of our professionals and it just seems to be a little bit more efficient if that, if that's okay with you, that's fine. But we are available for questions now.  
Speaker 2     01:34:14    No, that's fine. So other, the questions will probably get answered down the line as well.  
Speaker 3     01:34:19    Surely  
Speaker 2     01:34:21    Continue.  
Speaker 3     01:34:22    Okay then I, if there are no questions for Mr, maybe I could interrupt one second, Mr. Sure, go ahead John. Excuse me. Do you continue to show the hotel, I know you've described it as a future project. If the board approves this, would you agree to eliminate that footprint and notation? Abso absolutely. There we're just showing we just want down the road, the hotel, somebody might be, you're not approving a hotel tonight, we're just demonstrating to the board and to the administration that we can do a hotel. We, we will not have a site after the is stored and and gas station are built that will preclude a hotel. We wanna show that it's able to be done if we can get a hotel tenant.  
Speaker 18    01:35:17    Thank you.  
Speaker 3     01:35:18    You bet. Mr. Chairman, if it's appropriate, I'll excuse Mr. Zale and I'll call our second witness to be sworn. And that's Mr. Stewart Kimmel who is from the Quick Check Corporation.  
Speaker 1     01:35:33    Mr. Kimmel, you present?  
Speaker 18    01:35:35    I am, yes.  
Speaker 1     01:35:36    Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth?  
Speaker 18    01:35:41    I do.  
Speaker 1     01:35:43    Name and address. Could you spell your name please?  
Speaker 18    01:35:45    Stewart. Last name Kimmel, K-I-M-M-E-L.  
Speaker 1     01:35:50    Thank you.  
Speaker 18    01:35:52    Business address? Three old Highway 28 White House Station, New Jersey.  
Speaker 1     01:35:58    Thank you  
Speaker 3     01:35:59    Mr. Kimmel, if you would please describe for the board your experience in the convenience store industry and specifically your experience in the Quick Check Corporation.  
Speaker 1     01:36:11    Can we have his title with Quick Check?  
Speaker 3     01:36:13    Sure.  
Speaker 18    01:36:14    Real Estate Manager.  
Speaker 1     01:36:16    Thank you.  
Speaker 18    01:36:17    So I'm the real estate manager for Quick Check Corporation, five years with quick check, 15 years with convenience gas development in the real estate part of the development process.  
Speaker 3     01:36:30    Are you thoroughly familiar with the operation of a quick check?  
Speaker 18    01:36:34    I am, yes.  
Speaker 3     01:36:35    All right. So our questions are basically operational questions. First of all, a quick check operation is a 24 7 operation, correct?  
Speaker 18    01:36:46    That's correct. Alright.  
Speaker 3     01:36:47    Yes. And the way in which you generally handle that is by shifts you don't have somebody work 24 hours, so you have, you have how many shifts in general?  
Speaker 18    01:36:58    It's typically three shifts, but there's some overlap based on business volume but three shifts. Alright.  
Speaker 3     01:37:02    And on a particular shift, what's the average number of employees?  
Speaker 18    01:37:06    Five to eight.  
Speaker 3     01:37:08    Alright, and where are they? What are their functions? Where are they on the site? So  
Speaker 18    01:37:13    Typically it's two to three outside at the pumps and the balance, four to five inside the store for the store operation between making sandwiches and cashier and whatnot.  
Speaker 3     01:37:24    Alright. So if we said in total how many employees you have, what would be the, the appropriate number  
Speaker 18    01:37:31    Total for the store count would be somewhere between 40 to 50 total.  
Speaker 3     01:37:36    Right. And in shifts  
Speaker 18    01:37:38    Five to eight.  
Speaker 3     01:37:40    Right. Got it. Always boards want to know how you're gonna handle deliveries and in this case it's the delivery of your gasoline, the delivery of the food products that are going into the quick check store and the, the removal of trash. Sure. Would you describe that for the board?  
Speaker 18    01:38:02    Sure. So fuel deliveries are typically about one a day. They're on, they come on demand as Chris demonstrated there's a separate fueling zone, loading zone which allows the truck to drop the fuel without interfering with any circulation of customers. As far as the store, we typically get two to three tractor trailers a week. Again, there's a designated loading zone in the back of the store to accommodate that so that there's no interference with circulation. And then in addition we get a few, two, three trucks a day. Typically box trucks or straight trucks for the other deliveries such as the ENSs or Frito-Lay, those things that don't come on our grocery trucks. So that's typically the deliveries of the fuel and the store. As far as trash, that's typically two to three pickups per week. One is usually for recycling cardboard and the other two are for trash or garbage.  
Speaker 3     01:39:04    Great. Yeah. Anything, well question that was asked in some of the reports, would we, the applicant be willing to live with the restriction that says that we do low flow diesel but definitely not or prohibited from high flow diesels?  
Speaker 18    01:39:29    Correct. And that's what we're proposing here. We don't do high flow, we do low flow diesel, which typically is for pickup trucks, mostly like landscapers and they have diesel trucks. We do not do the high flow.  
Speaker 3     01:39:42    So do we have any exhibits showing what this is gonna look like? Any architectural plans?  
Speaker 18    01:39:52    We pro, well we have, I'm, I'm sure we've, we've provided some architecturals but have typically our eight dispensers, which is 16 fueling positions. Two of the dispensers will have a low flow nozzle on it, so it won't even accommodate a tractor trailer pulling up. It, it's a, it's actually part of the dispenser itself, the low flow hose.  
Speaker 3     01:40:16    And if, if the members of the board want to see what this is gonna look like, it would not be unreal to send them to the quick check we already have in Piscataway. Yeah. Which is on New Market Road and  
Speaker 18    01:40:30    New Brunswick. And New Brunswick. Yes.  
Speaker 3     01:40:33    And I'm sure most of the re the members of the board have passed by that existing quick check, but that's basically the architectural look of the quick check that we're proposing, correct Bob?  
Speaker 18    01:40:44    That's correct, yes.  
Speaker 17    01:40:45    Bob, I do have the submitted elevations if you'd like me to share  
Speaker 3     01:40:50    'em. Yes, please share them.  
Speaker 18    01:41:01    So on the bottom you can see the eight MPDs, the eight pumps, right? 2, 2, 2 and two.  
Speaker 3     01:41:08    Yep.  
Speaker 18    01:41:10    And the typical pro, the typical elevations, again it's just like our store at the three lake view have Piscataway. Right.  
Speaker 3     01:41:22    Very nice. That being said, Mr. Chairman, that's what we were asking Mr. Kimmel to come up testify to, but he's open to the board for questions.  
Speaker 2     01:41:40    I thought we wanted to hold the questions till all the witnesses were done  
Speaker 3     01:41:43    You wanted. Sure. Could I have one quick, quick question? Those Architecturals, do they show all the signage that you are listing in your application?  
Speaker 18    01:41:54    I on the  
Speaker 3     01:41:55    Building,  
Speaker 18    01:41:55    I don't, yeah, I don't believe it's an actual sign exhibit, but I'm looking at the elevations now while we're talking and I'm gonna say generally yes  
Speaker 3     01:42:08    There was a lot of logo, little logo signs and overdo it. Well, alright.  
Speaker 18    01:42:16    Yeah  
Speaker 3     01:42:17    We can check that out. All right Mr. Chairman, if it's appropriate we'll go on to our next witness. Sure. Okay. I'd ask that Mr. John Ray be called and sworn so that he can give us his traffic testimony.  
Speaker 1     01:42:34    Mr. Ray, are you present?  
Speaker 19    01:42:36    I am.  
Speaker 1     01:42:37    Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth? I do. Your name and address please.  
Speaker 19    01:42:44    John Ray, REA licensed professional engineer and a traffic engineer with McDonough and Ray Associates. We have offices in Manasqua in Westfield, New Jersey. I work outta the Manasqua office at 1431 Lakewood Road.  
Speaker 1     01:42:59    I believe Mr. Ray has been accepted as a traffic engineer before this board on prior occasions.  
Speaker 3     01:43:04    Thank you. Then I'd ask that he be accepted as such at tonight's meeting.  
Speaker 19    01:43:08    Thank you. Yes.  
Speaker 3     01:43:10    Okay. Mr. Ray, you've appeared to be in Piscataway on many, many occasions and your reputation generally is your pretty tough traffic engineer in the sense that you're not going to endorse anything that's not safe or the best it can be. You did a traffic study on the and circulation study on this project, correct?  
Speaker 19    01:43:34    I did.  
Speaker 3     01:43:34    Alright, now the I I would appreciate you kind of lay the general principles that that apply and what the traffic study showed to you.  
Speaker 19    01:43:44    Okay, well first I'd like to say that and I appreciate Mr. Smith's confidence in me being an honest and incredible traffic engineer. We did do a full traffic impact analysis. Last revision is dated November 24th, 2025. And as a result of our traffic study, we recommended to our client that the widening along the west side of South Washington Avenue be provided on our plan in order to provide for a dedicated right turn lane for southbound South Washington Avenue traffic turning right onto westbound Centennial Avenue. If my client would not accept that recommendation, I wouldn't be here tonight. So that, that's the bottom line. With respect to what needs to be done at the intersection, let me say a couple of things about convenience stores with gas pumps. I know we are all familiar with these uses. There are numerous similar uses within Piscataway Township. Quite some time ago I did the traffic study for the Wawa that is located at New Dorm Road and Stelton Road in the township.  
Speaker 19    01:44:55    And as everyone is pretty much familiar with these uses, they all pretty much operate the same. One of the things that's unique to these uses is that they generate a substantial amount of their traffic from traffic that is already on the road passing the site. Something that we call pass by traffic. The Institute of Transportation Engineers and the New Jersey Department of Transportation agree that approximately 75% of the traffic that is generated by these uses during peak roadway hours are passed by traffic. They're already on the road passing the site and they're just diverted into the site driveways. The traffic is already there. So that tends to diminish or lessen the overall offsite traffic impact that these uses generate. They are typically found at the intersection of two busy roads like South Washington Avenue and Centennial Avenue. There is a similar use right up South Washington Avenue at the intersection of Stelton Road.  
Speaker 19    01:45:57    There's a Wawa that has access to a traffic signal. Basically a very typical or or similar operation to what we are proposing here. The single most important thing in my opinion as a traffic engineer in developing a site like this is to make sure the access to and from the site is safe and efficient. And in this particular case, we are fortunate enough to have frontage opposite the I 2 87 off ramp, which comes to out to a signal at South Washington Avenue and gives us the opportunity to create a fourth leg to the intersection to get safe exiting movements, left turns and right turns onto South Washington Avenue with, with the safety and security of a traffic signal. As Mr. Zalay indicated, we are also proposing two driveways along Centennial Avenue, the one closest to the intersection being a right in right out due to the barrier on Centennial Avenue.  
Speaker 19    01:46:56    And the one further to the west, which I believe is 400 to 450 feet away from the intersection, will be a full access movement. We will create a left turn lane in the median of Centennial Avenue for safe left turns into the property. The site distance there is good and as Mr. Zalay indicated, the gaps from the signal at South Washington will permit safe ingress into the site at that location. Getting onto the nuts and bolts of the traffic study, we did peak hour traffic counts at three locations at the intersection of South Washington and Centennial at the I 2 2 87 off ramp to South Washington and at the traffic signal just to the north of US at South Washington and it's called Access Road and basically it's just south of the overpass over 2 87 and it serves as access to the warehouse building that is behind us and some other industrial uses that are back off the south side of I 2 87.  
Speaker 19    01:48:00    So we counted three intersections, we did peak hour traffic counts during the morning and afternoon peak hours. We estimated how much traffic the convenience store with gas will generate based on the ITE data based on the N-J-D-O-T data. And the one thing I do wanna reiterate, Mr. Zalay had indicated it that the, the intersection of the I 2 87 off ramp at South Washington is under the jurisdiction of the N-J-D-O-T. We've had a pre-application meeting with N-J-D-O-T. They are aware that we are making the application to the Piscataway zoning board for this use. We haven't made a DOT application yet. Typically I do not recommend that to my clients in a use variance application because we wanna make sure we get the use variance first before we spend the money time and effort in order to make a DOT application. But DOT approval will be required as will Middlesex County approval with South Washington Avenue being a county road.  
Speaker 19    01:49:01    So we did our traffic counts, we proj, we did our traffic generation estimates for the convenience store with gas based on the ITE data, which the DOT accepts, the county accepts. And we took a 75% pass by credit based on the ITE and N-J-D-O-T data and we projected traffic volumes to a design year of 2027. After looking at the NJ DOT's background traffic growth rate data for the area, essentially South Washington Avenue is anticipated to grow at I believe 2.5% per year Centennial Avenue and the off ramp from I 2 87 at 2.75% per year. We included those growth rates in our projection of 2027 traffic volumes.  
Speaker 19    01:49:52    One thing I I'd like to get outta the way pretty much quickly is that there are no capacity issues. There will be no capacity issues in the future at the I 2 87 off ramp where we're gonna connect and bring a forth leg in and also at the access road signal just to the north of us. Those levels of service are going to be good well within accepted parameters and really no issues with those two signaled intersections. Of course, the signal at South Washington and Centennial processes more traffic. It's the intersection of two major roads and as I indicated this is typically where you will find a use like this, you know, convenience store with gas pumps. So we did a detailed analysis of Centennial Avenue and South Washington Avenue and we found that with the addition of the southbound right turn lane, which Mr. Zale has shown on the plan and which we are committed to construct, should we get an approval, we can actually improve the overall intersection operation from what we call the no build condition, which will be without us to the build condition with mitigation with the right turn lane.  
Speaker 19    01:51:05    And I want to go over some, some figures for the board's in my report during the morning peak hour for the no build condition, this is without us and without any improvements. The overall intersection delay, the weighted average for all four approaches is 77.8 seconds per vehicle during the morning peak hour. And that's without any improvement and without our property being developed as we are asking for with the development and with the mitigation, the overall intersection delay gets reduced in the build condition with mitigation from 77.8 seconds to 47 seconds per vehicle. A substantial improvement in the overall delay at the intersection and in particular the southbound approach experience is an even more significant in decrease in delay because that's really the approach that we're helping clean up the intersection with by adding the right turn lane for the afternoon peak hour because the traffic volumes going through the intersection are higher during the afternoon peak hour, we take the intersection from a no build condition of 160.1 seconds of delay per vehicle.  
Speaker 19    01:52:23    And then again, that's without us and without the improvement with our development and with the improvement, we decrease the delay per vehicle from 160.1 seconds to 112.9 seconds per vehicle. Again, a substantial decrease in delay even with our project at the intersection, primarily due to the fact that most of our traffic is passed by traffic and the southbound right turn lane really helps the overall efficiency of the intersection and helps decrease the overall delay at the intersection. It's a significant improvement and one that we're committed to construct. And as I indicated upfront, when I looked at this property and I did the traffic impact study, it was something that I told my, my client that was necessary to be done in order to justify the use variance and in order to mitigate the impact from the development. So we're committed to do that.  
Speaker 19    01:53:20    So, so basically those improvements will have to be approved by the N-J-D-O-T, by Middlesex County, but they will substantially improve the intersection operation, decrease delay, and make the intersection operate, quite frankly, more efficiently than it will without us and without the right turn lane. As far as the site plan is concerned, I've worked with Mr. Zale to lay out the property in a, in a way that promotes self inefficient internal circulation. Both Mr Zale and his firm and my firm, we've had a significant amount of experience laying out and designing these facilities. I think he has done a good job of describing the access to and from the site and how circulation will work with the loading zones and the, the, the, the significant area for the fuel trucks to stop and discharge the fuel into the, into the tanks without impacting internal traffic and circulation flow.  
Speaker 19    01:54:19    And I think also, as Mr. Smith indicated up, up at the front of the application, although a hotel is not being proposed at this point in time, we wanted to show that the remaining property to the west of the convenience store, there was adequate room there to construct something along the lines of a hotel and make it work safely and efficiently with the existing convenience store with gas pumps, there's room the footprint fits, we can provide parking for it. So it is something that could be considered in the future should the applicant be able to obtain a hotel train that would wanna construct a facility at this location.  
Speaker 19    01:55:03    Three points of access provide for adequate emergency vehicle access to the site. It, it really, in my estimation, from a traffic engineer's point of view, it's an appropriate location at the intersection of two major roads due to the fact that so much of the traffic is already on the road and it's passed by traffic. And again, as I've indicated, the key thing we have to do here is really make sure that the access to and from the property is safe and efficient. And I believe we've done that with the plan that's been offered and we offer the mitigation of the southbound right turn lane in order to not only mitigate our impact, but in order to improve the overall operation of the intersection. And we will continue to work with the township professionals, the county professionals, and the N-J-D-O-T to make sure that everything is done properly in accordance with accepted engineering principles.  
Speaker 3     01:56:01    Great, very impressive testimony. How to deal with a busy intersection and the infrastructure that's being offered by the applicant is, makes a significant impact in terms of that right turn lane and also utilizing the signal on South Washington Avenue to be an entrance to the, the industrial facility. Correct. That's gotta be some major things to improve.  
Speaker 19    01:56:32    I I did forget to mention that. Thank you Mr. Smith. The one thing we are proposing as well is a connection from the I 2 87 off ramp inbound only not outbound into the property to the north of us so that trucks and vehicles coming off of I 2 87 southbound do not have to go through the intersection of South Washington and Centennial in order to get into that property. They will now be able to come right off the ramp, come through the signal and into that property. Currently they have to make a left turn onto South Washington, go down to the intersection at Centennial, make a right turn and proceed westerly on Centennial till they get to their driveway. They will now be able to bypass the intersection and come straight through South Washington at the signal into their property. I forgot to mention that.  
Speaker 3     01:57:23    Yeah. And that is, in your opinion, is that a much safer arrangement than current?  
Speaker 19    01:57:28    Well it's certainly a much more efficient arrangement. It takes that traffic outta the intersection and I do believe, I know Mr. Zale's office mentally they've done a lot of traffic signal designs, they can make this work safely and efficiently. I'm very confident, and again, there will be several layers of review, the township, the county, the DOT. So we are not going to be able to do anything that doesn't meet except that engineering standards.  
Speaker 3     01:57:58    Appreciate it. Thank you. So again, if there's any need to ask a question, everybody's more than welcome. If you wanna wait until we get to the reports, that's fine too. Could I just one question? Sure. John, the inter the new intersection with the new leg, could you put that up on the screen?  
Speaker 19    01:58:21    Okay. Chris, can you share your screen  
Speaker 3     01:58:26    And I think Chris said you prohibit a left turn. Was it northbound on South Washington?  
Speaker 19    01:58:35    Correct. That movement will be prohibited  
Speaker 3     01:58:39    And that reason for that,  
Speaker 19    01:58:44    There really isn't enough room to provide a left turn lane at that location. The, the queuing in the southbound South Washington Avenue left turn lane kind of prevents us from doing anything there that queues up pretty good and it's, it's really safer for traffic that's heading north on South Washington to make the left at Centennial. And then they could make the right, the, the right turn into either one of the two driveways that are on Centennial.  
Speaker 3     01:59:13    Okay. Ev  
Speaker 19    01:59:14    Every other location. Let's  
Speaker 3     01:59:15    Go back, let's go back up to the new intersection. Okay. That little bump out you've got there, it looks like you got a couple trees stuck out there.  
Speaker 19    01:59:25    Yes. That's just to, to develop the right turn lane on southbound South Washington. So that traffic heading south right now, if you want to turn south onto turn west onto Centennial from southbound South Washington, you typically get caught in the queue, right? 'cause in order to get to that channelized right turn at the intersection, you only have two through lanes on the approach. Right. And, and the right traffic gets caught in the queue and they no longer will get caught in the queue.  
Speaker 3     01:59:59    The, that that little bump out that design transitioning through the intersection wouldn't or you wanna give some safety of the sidewalk or, I'm not sure. I,  
Speaker 19    02:00:11    I, I, I, I would defer a little bit of that to Mr. Zale. I think that's all, you know, the particular design of transitioning the traffic into the right turn lane is, is open for review and discussion with Township County and DOT professionals. However they want us to do that, we can do it. I guess we wanted to put some trees there too.  
Speaker 3     02:00:35    Yeah. The other thing, you didn't comment on parking, but they're over parked for the, for the station. If we pulled out a few spaces to put trees along South Washington, we wouldn't hurt anything.  
Speaker 19    02:00:50    No, we are probably a little bit over parked most convenience stores like Quick Check and Wawa, I wanna make sure their customers have open and available access to parking. But I, I concur with that and I think we can work with you and, and your landscape people in order to create some more space for trees or whatever may be necessary to dress the site up. I, I concur.  
Speaker 3     02:01:14    Yeah, because it is pretty extensive on the rest of the sites if that's Yeah, I'm, I'm sorry to interrupt, Mr. Chairman. Okay.  
Speaker 0     02:01:23    Mr. Chairman Kevin Chen Yes. Is raising his hand? Yes, go ahead Kevin on traffic. I,  
Speaker 20    02:01:28    Yes. Thank you Mr. Ray. I have a few questions with regard to your traffic report. Okay. Actually it's, it's, I had a question, it came from my letter, but I was wondering if you happen to know, there was a comment in my letter about the traffic signals being coordinated. Yes. The, the ramp and the main signal where you're doing the right turn, right turn the right turn creation, do you happen to know if those two signals will be coordinated at this time?  
Speaker 19    02:02:02    Actually, Mr. Chen, there will be four signals that are in the, the DOT system that during the pre-application meeting with the DOT, they told us that if we were to make an application to DOT, we would have to prove to the DOT, the DOT that the coordination between the signal at centennial, the off ramp, the access road to the development just south of 2 87 and the signal that's just north of 2 87, all four of those signals have to be coordinated and we would have to do what we call a synchro analysis to get the DOT's approval.  
Speaker 20    02:02:38    Okay. And then, so,  
Speaker 19    02:02:39    So there are four signals that are coordinated, not just two  
Speaker 20    02:02:42    Four signals that are coordinated? Yes, correct. Thank you. And then my other question I have is, do you happen to know how the unsigned driveways to the west of, to the west of the signal operate?  
Speaker 19    02:02:57    I haven't run those numbers yet, Mr. Chen, my understanding was that, and, and, and that was a comment that you made in your last review letter. I haven't had time to run those numbers. I'm very confident that the right in right out will not be an issue because it's only a right turn exit movement, the second driveway, you know, we would have to analyze the level of service there to see whether that left turnout would operate at an acceptable level of service. My understanding was that we weren't gonna finish up tonight. I will provide you with that information before the next meeting.  
Speaker 3     02:03:30    Mr. Chairman, you might remember that we said yes, we wanted to make sure the record was full and that was a question that Mr. Chen asked. We'd like to give him that analysis. Correct.  
Speaker 19    02:03:41    Okay.  
Speaker 20    02:03:43    Thank you Mr. Ray. Mr. Chairman, I have no further questions at this exact moment in time.  
Speaker 3     02:03:48    Thank you Mr. Chen. If any other questions? There questions for Mr. Ray, let me call our last witness, who, which is our planner to justify the use variance and the books. So I'd ask that Mr. Justin Oslo be called and sworn so that he can give testimony.  
Speaker 1     02:04:07    Mr. Cielo, are you here?  
Speaker 5     02:04:09    I am.  
Speaker 1     02:04:10    Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth?  
Speaker 5     02:04:16    Yes, I do.  
Speaker 3     02:04:17    Okay. Mr. Name ocie  
Speaker 5     02:04:18    The record, please. Justin Ocie 52 Reckless Place, red Bank, New Jersey 0 7 7 0 1.  
Speaker 3     02:04:25    Right. And I  
Speaker 1     02:04:26    Believe Mr. Ocie was accepted as an expert planner as recently as about an hour ago.  
Speaker 3     02:04:30    Yep.  
Speaker 1     02:04:32    With your, your, your licenses haven't changed in the past hour.  
Speaker 5     02:04:36    Bill Valid. Thank god. Great.  
Speaker 2     02:04:38    You can proceed. I believe he can be accepted.  
Speaker 3     02:04:40    Thank you. And we do ask that he be accepted as a licensed professional planner in New Jersey. So we're not gonna repeat his qualifications in light of Mr. Kene Lee's comments. Mr. Chairman, is that acceptable that he can be? Yes. Okay. So let me just get outta your way. We need the justification for the use variance and the justification for the bulk variances. Please take it and run with it.  
Speaker 5     02:05:07    Great, thank you. So since we need a use variance, of course these are processed under the, the Medici case and the Medici standards have multiple prongs. The first is particular suitability. And the question with that is, what makes this site particularly suited for this use? You did just hear from multiple witnesses who, who talked about why this site is suited and they talked about it from their perspective as professionals in different fields. And I'm gonna talk about it as professional planning. Number one, the site's location at South Washington Avenue, Centennial Avenue and the I 2 87 exit, six exit, exit six off ramp. My opinion makes it uniquely appropriate for motorist serving commercial activity. And that's not just my opinion, that's also the opinion of Mr. Ray, who testified as a traffic expert and stated that the majority of the patrons that are coming to the site will be passed by.  
Speaker 5     02:06:07    And as Mr. Ray stated, those are motorists who are already circulating in the roadway network. So this is not a use that's gonna be a magnet per se, this is gonna be a use that people who are already driving by are gonna come in to, you know, fill up their tank or get coffee or what have you. The second point that I would say what makes this particularly suited for this site is the site size, the site's depth, the multi frontage configuration and the proximity to a, to a sign signalize intersection allows for safe and well-managed access and circulation. Mr. Ray really went deep into that. I'm not going to, you know, belabor his testimony, but I think the testimony from, from Mr. Zale and, and Mr. Ray, you know, certainly have laid it out that the site, if the board so chooses to approve this application, will function appropriately.  
Speaker 5     02:07:02    And that really goes to, again, the suitability for the site. And lastly, the immediate surroundings of this site are not a traditional industrial environment within a light industrial zone. In other words, this particular segment of thei zone really functions more from a land use standpoint as a mixed commercial office service, land industrial corridor with roadway design and land use patterns that, in my opinion, are far more aligned with, with the highway commercial use than typical LI uses. So for the third point, this is why I feel that this site is well suited for the, for the proposed use in a way importantly that is not broadly found across the, the bulk of thei zone. The, the next prong is special reasons and whether or not there are purposes of the municipal land use law that would be advanced in conjunction with this application. Certainly, I I I feel that there are at least four purposes that are advanced and those are purposes A-G-I-N-M and I'll start with a, I believe this is a use that promotes the general welfare of the community.  
Speaker 5     02:08:24    This is providing services for, for, you know, for residents and people that are passing by, you know, certainly the convenience of, you know, quick gas and coffee sandwiches, what have you. I see as a benefit criteria. G as evidenced by Mr. Zale and Mr. Ray, there is, in my opinion, sufficient space in appropriate locations for use. That again will, that, you know, I believe is a service to the community purpose. I is currently situated. The site is underutilized and by, you know, you know, citing this use at this location not only is a benefit, but with the landscaping and the improvements are proposed, I believe that provides for good civic design. And lastly, criteria A I'm, I'm sorry, m you know, certainly I believe that this is a, a very efficient use of land. Again, the current situation of the site being underutilized at a very vital, in my opinion, intersection certainly this is more efficient than currently exists.  
Speaker 5     02:09:41    Again, the landscaping, the lighting, the, the, the upgrades to the site, that all enhances the character of the corridor. And I think importantly as well, the board is likely familiar with the existing quick check in town and the design and signage are, are very similar. So you're not gonna be getting a, a product that's gonna kind of, you know, stick out in a bad way. In addition, this is a use that advances the commerce goals of the master plan. So that's the, you know, special reasons. The next part is the negative criteria and the first prong of the negative criteria is whether or not there will be a substantial detriment to the public good. As Mr. Ray has, has stated, the, and i I think this is a very important part of the testimony. The traffic engineering has certainly demonstrated acceptable operations on the site and just off the site, including improved movement and signal performance at a very key intersection in the town.  
Speaker 5     02:10:48    You know, you know, certainly I, I would say that that goes to criteria h as well under the special reasons. But I think it's important in terms of the negative criteria that, you know, convenience store with gas sometimes has a reputation as producing negative impacts, but in this instance, it's actually improving the impacts of, of the signal. So, you know, certainly there are no substantial detriments there. Importantly as well, this site is fully separated from residential areas and, you know, the, the, the inter the, you know, intervening non-residential uses and, and a major arterial, actually two major arterials ensure that the operational characteristics that are I heard of this use lighting traffic patterns, activity levels will not create offsite disturbances. The, the onsite operations are compatible with the surrounding commercial corridor, especially to the, the retail and service users to the east. And I think importantly as well, when we look at whether there will be any substantial detriments to the public good as Mr.  
Speaker 5     02:11:57    Sole had testified, this is a use that meets all the setbacks and, and building height. So we're not creating a situation where we're trying to jam a lot onto the site or make it too, you know, you know, vertically unsound. The next aspect or the next prong is the enhanced quality of proof. Whether or not there will be a substantial IM impairment to the zone plan and the zoning ordinance. It's my professional opinion that this proposal aligns with this corridor's goals of commercial investment of improved access management, modern site design, and enhanced safety. These are, you know, quite frankly, objectives that are embodied in the overall zone plan and, and, and the master plan policies. It's my opinion that this project strengthens the commercial function of the South Washington Avenue Centennial Avenue corridor. Again, by replacing the underutilized frontage with the well-designed commercial facility. And this relief, if the board so chooses to grant this relief will not undermine the master plan or the zoning ordinance.  
Speaker 5     02:13:09    So under the enhanced quality of proof required by Medici, the board can be comfortable that the granting of the variance will not substantially impair the intent and purpose of the zone plan or the zoning scheme. And lastly, to reconcile the zone's omission of this use from the zone, the thei zone does not list, of course, fuel stations or convenience retail uses as permitted uses. And obviously it doesn't because if we were, we wouldn't be the zoning board of adjustment. We'd be the planning board. However, and I think this is really critical here, the location of this specifically zone parcel, my opinion demonstrates that this portion of the zone is really already functioning as a transitional mixed commercial corridor rather than a pure industrial light industrial, light industrial district, which you would find more inward in the district. So and so, the absence of the proposed use in thei zone really appears to reflect the historic light industrial zoning assumptions, not the present day land use reality or the functional character of the site.  
Speaker 5     02:14:18    And so the proposed use is not inconsistent with the aim of thei zone, which is essentially to accommodate non-residential uses that rely on strong arterial access to buffer them from residential neighborhoods and support the township's employment and, you know, the economic base. So that's, that's the, the proofs for, for the use variance. And just very briefly, the bulk variances, of course, are subsumed into the use variance request, but Mr. Zalay did go through them and I I will just mention them very briefly in terms of the overall testimony and, and the reason why the use variance subsumes, the bulk variance is because, because the use is not permitted, the zone cannot envision the dimensional character of the use. But as Mr. Zale had noted, the variance for, for locked depth, again, this is, this is not a use like a warehouse that would require more locked depth minimum floor area.  
Speaker 5     02:15:23    Same, you know, same rationale. This is a convenience store. I've never seen a convenience store at 20,000 square feet. Certainly that's more akin to obviously warehouse or flex. That's the reason for that. And the parking, loading and setback, again, this type of use does not mesh with that requirement. That's of, of course more akin to tractor trailers and the like. So those are the bulk variances. But all in all, it is my professional opinion that the benefits of this application certainly outweigh the detriments. And if they, if there are any detriments, they certainly do not raise the level or rise to the level of being substantial.  
Speaker 3     02:16:06    Thank you. Any particular questions for the planner or Mr. Chairman? We'll go to the reports. We, I think we, we can go through the report. Okay. So I have the staff report memorandum revised December the first 2015. And I believe we've dealt with about 90% in the direct testimony. But the ones that I think might need specific responses, so for example, item 11 says, all required EV charging stations must be operational at the time of the issuance of a certificate of occupancy. And I guess I'm gonna address that to Mr. Zale. That is acceptable to the client. Yes,  
Speaker 18    02:16:59    Yes.  
Speaker 3     02:17:00    Okay, so that's a yes.  
Speaker 18    02:17:01    Can I, can I jump in on this please? Sure. The activation of the EV is typically a third party after the construction in the store is done. So typically we would look for a EV ready location for the certificate of, even if it's a TCO, because we're at the mercy typically of the utility company to bring enough power to start those EVs functioning.  
Speaker 3     02:17:38    So Mr. Kimmel, there is federal law there, there's state law, there's county law, and then there's Piscataway. And in Piscataway, the government takes a very hard position about the operation, the EVs being operational.  
Speaker 18    02:18:01    Understood. So understood.  
Speaker 3     02:18:04    So my advice is say yes to the dress.  
Speaker 18    02:18:10    What I'm saying is we most times cannot have the EV functioning at the time the store opens because we are always at the mercy of the utility companies. Yep. And typically until the infrastructure is built, they won't come in and power it up. We've done many locations in New Jersey and typically what we get is EV ready, even if we post a bond, we are have a store built that we can't open because we're waiting for a utility company to, to give us enough power. That's just the reality of it.  
Speaker 3     02:18:52    I understand may maybe the board would consider a condition which would say the applicant would make its best efforts to have it operational at the time of the issuance of the CO and if it can't for reasons beyond its control, maybe we can bond for the improvement. Would that work, Mr. Kimmel?  
Speaker 18    02:19:15    I think we can table this. I'm just saying from our experience, we have not had EVs up and running at the time the store is done. And again, I'm repeating myself, but it's the function of the utility companies. It's not even something in our control.  
Speaker 3     02:19:31    I understand that.  
Speaker 18    02:19:32    Okay. I was trying to get you  
Speaker 3     02:19:33    Way to get around it.  
Speaker 18    02:19:35    I'm sorry, I was  
Speaker 3     02:19:36    Trying to get your way to get around it, which is you're making best efforts. If you can't do it, you bond for it. So if that's not acceptable,  
Speaker 18    02:19:46    Accept No, I mean we're, we, we can bind for it. I just, I just wanna make sure that it doesn't hold up even A TCO for us to open and operate. I understand. Okay. So  
Speaker 3     02:19:56    I think what we're on the table with Mr. Keneally is the applicant make best efforts to get it, but if it's beyond the applicant's control, he has the option to bond for the, for the improvement.  
Speaker 1     02:20:09    I understand that. And that that's probably an acceptable condition of approval.  
Speaker 3     02:20:14    I  
Speaker 2     02:20:15    Can I ask a question?  
Speaker 18    02:20:16    Mr. Thank you  
Speaker 2     02:20:17    Mr. Kimmel, what's the normal delay time between the readiness?  
Speaker 18    02:20:26    Again, again, it's, you know, we're at, I keep repeating, but we're at the mercy. It, it could be a year sometimes we have two stores right now where we're waiting for the utility company to be able to provide us with the power. We've built it, we have the infrastructure in the ground, you know, the space is dedicated, but utility companies do as they please.  
Speaker 2     02:20:53    Thank you. Okay, Mr. Smith.  
Speaker 3     02:20:56    Thank you. Number 12, the fiber optic, which is a, a pretty standard condition in Piscataway for the record. We agree and I believe we've already put it on the plans, correct?  
Speaker 1     02:21:12    Yes.  
Speaker 3     02:21:13    Number 14, the question was testimony she provided as the ownership and ma maintenance of the basin. And let me turn to Mr. Zale. I believe ND K is responsible. Yes.  
Speaker 17    02:21:23    Yes.  
Speaker 3     02:21:25    Okay. So it's ND K number 15, there was a request for offense and it's been provided, we provided that, right? So that's a yes as well, but it wasn't specifically mentioned. Number 18 testimony shall be provided as to the number of signs proposed considerations should be given to monument signs along both Centennial Avenue and South Washington Avenue, as opposed to pylon signs landscaping. That is satisfactory. The townships landscape architect shall be provided at the base of the signs. Do we have a response for that?  
Speaker 17    02:22:04    We, we provided testimony that there's two monument signs proposed. They're typical quick check prototypical signs, and we're happy to work with Mr. Rahi to satisfy the, the landscaping at the base of the signs.  
Speaker 3     02:22:21    What happens to the pylon signs?  
Speaker 17    02:22:25    Well, it's the same. The the signs that we're proposing are, are the pylon signs. That's what, that's what we'd like to move forward with since those are the typical quick check signs.  
Speaker 3     02:22:39    I don't remember if we showed that on the, on the exhibit, but they're generally very in very good taste.  
Speaker 17    02:22:50    I can see.  
Speaker 3     02:22:52    But Ms. Smith, I have a comment on that as well that I recommending they be reduced in size similar to what, what are you recommending Mr. Chadwick? 80 square feet. You're talking about the area about 115, 120 and I think the quick check Yeah, it is quick check was reduced in size and there was landscaping in the front. You, you're talking about the, the pipeline signs? Yes, I am Market Avenue. Yeah. Could we, you know, we're gonna see you next month. Could we take, why don't we do this? We, I I'm just saying they should be proportionate to the rest of 'em and I'm, I couldn't find the record on that old application, so I'm might positive, but I know we reduced them. Mr. Smith,  
Speaker 1     02:23:49    You're right, you are coming back next month, so why don't you revisit that and we'll talk next month.  
Speaker 3     02:23:54    All right. Because you're asking for a lot of variances for the, the building facade signs. Okay, number 22, again, we're talking about low flow diesel only, no high flow diesel. We're agreeing to a condition to that effect. Number 24, title 39 jurisdiction. I assume that's for the handicapped parking enforcement. Yes. Anybody don't? Yeah. So Mr. Zale, is that a problem for us?  
Speaker 17    02:24:33    No, we don't have an issue with that. So  
Speaker 3     02:24:35    We're a yes on that. And then of course, 26, we have to get middles six county planning board approval. We understand that's required and the county does have jurisdiction because it's on a county roadway. Now if there's anything else in that memo that I, I thought everything else was covered in the testimony, but I'm not always right. Are there any other questions on the, on that memo?  
Speaker 5     02:25:02    Yep. Mr. Smith, I'd like to jump back to items nine and 10. Just with regard to some of the ancillary driveways on the, the north and northwest corner of the site. We,  
Speaker 3     02:25:18    So nine nine says access to the adjacent site is provided through this site. Testimony shall be provided as to why access is shown. It is the staff's opinion that no truck shall be allowed to exit from the adjacent property to the proposed entrance within the N-J-D-O-T traffic signal, nor should they be permitted to circulate throughout the site. That's probably a John Ray question.  
Speaker 19    02:25:43    Yeah, we, we, we agree Jonathan and the signal will be designed so that trucks can only enter from the ramp and go through the signal into their property, but not exit the South Washington. They have their own signal to get out to South Washington. So we agree.  
Speaker 5     02:26:03    Okay, but what's to, what's to stop the mother than this conversation saying that they're not going to do that?  
Speaker 19    02:26:11    Do not enter signs, signage I that there's always, you know, and Title  
Speaker 3     02:26:17    39 enforcement  
Speaker 19    02:26:18    And title third high enforcement. Sure.  
Speaker 5     02:26:22    Okay.  
Speaker 3     02:26:23    Alright. Number 10. The proposed ingress egress driveways to the adjacent parking lot is too close to the proposed entrance at the existing traffic light consideration shall be given to the fact the proposed entrances for truck use and vehicles using the fuel station and convenience store. John, I think that's you again.  
Speaker 19    02:26:42    Yeah, I, I think all we want trucks coming off the ramp to do is to be, they're not gonna be, there's, there's no reason for a tractor trailer going to one of the loading docks, you know, for the warehouse north of us to come into our site. It's not designed for it and we don't want, you know, we can, we can post signs indicating, you know, no trucks other than delivery trucks or permitted on the site. No, no tractor to trailers other than delivery trucks. John, we don't want them on. Yeah, we don't want them on the site.  
Speaker 5     02:27:16    Yeah. This, this comment was with respect to the, the driveway running north south.  
Speaker 19    02:27:21    Gotcha. Connecting  
Speaker 5     02:27:22    The, connecting the, the employee parking for the logistics.  
Speaker 19    02:27:27    Yeah, we, we kind of agree with you, we changed that to a one-way inbound only driveway as well because we don't want traffic coming into our signal, you know, even if it's passenger vehicle traffic. We turned that into a one-way northbound so that we felt there was some value in permitting cars that were going to the logistics site north of us to come off the 2 87 off ramp and get directly into their property without making the left on South Washington. The right on centennial, as I had described before, we felt there was some value in doing that, but it's open for discussion. We understand your concern.  
Speaker 5     02:28:08    Okay,  
Speaker 3     02:28:12    Any other items on that memo?  
Speaker 5     02:28:16    Not at this moment. Thank you.  
Speaker 19    02:28:18    Okay,  
Speaker 3     02:28:18    Then the next memo is, is Delaware Rare Engineering and we've reviewed that. Mr. Zale, do we have any issues at all with DN R'S requests?  
Speaker 17    02:28:34    No, we do not. I'll confirm the site is not within a flood hazard area. That was one of the questions in the DNR and, and I did take a look at the fema, you know, firm maps and there's no, no, no encumbrance, no no flood elevation that, that encroaches onto the property.  
Speaker 3     02:28:56    So we've agreed to everything. Are there any other concerns of the board concerning the DNR memo?  
Speaker 2     02:29:05    Anyone? No, I don't have any. I'm  
Speaker 3     02:29:10    Good. Okay. Next one is CES's report dated December 5th, 2025. And I believe we have answered the traffic questions, but just in case number two says the applicant's engineer indicated that they need to obtain a permit from N-J-D-O-T for improvements of the to the intersection. We, the applicant's engineer should provide testimony. I think Mr. Ray did that already.  
Speaker 19    02:29:43    We agree? Yes.  
Speaker 3     02:29:44    Okay. Number three. The applicant's engineer indicated they need to obtain a permit from N-J-D-O-T for improvements to the intersection. We provided testimony on that issue.  
Speaker 19    02:29:54    Agree.  
Speaker 3     02:29:55    Four common addressed. Five common addressed. Number six said the applicant's engineer indicated that left turns from the northbound South Washington Avenue into the proposed site driveway will not be permitted at the signalize intersection of South Washington and the I 2 87 southbound exit six off ramp and indicated this will be consistent with the left turn restriction at the nearby Signalize intersection of South Washington and the I 2 87 northbound exit six on ramp. The applicant's engineers should provide testimony on this issue, including, but not limited to how the vehicles from South Washington Avenue northbound are intended to access the site. I think we did that, but I'm not sure. Yeah,  
Speaker 19    02:30:41    We did. They would have to make a left at Centennial and then a right into one of the two driveways on Centennial. And should we be fortunate to get the use variance and go to a site plan application, we'd probably wanna provide some signage to indicate that's how to get in from the northbound South Washington Avenue approach.  
Speaker 3     02:31:01    Number seven, the comment was addressed. Number eight, the comment was addressed. Number nine. The applicant's engineer indicated that the proposed mitigation during the PM peak hours reduces the southbound approach delay from 242.4 seconds to 89.3. While this is an improvement in the overall intersection delay and an improvement to the southbound approach, delay the proposed mitigation does not reduce the overall intersection delay to achieve a higher level of service. Level D are better. Ultimately the decision regarding the improvements at the intersection or up to the county and the applicant's engineer should provide testimony? I think it did, but I'd like you to reemphasize the what the improvements that southbound Lane and the off ramp signalization going directly into site, what that does for that intersection.  
Speaker 19    02:31:57    Well, it does improve the efficiency and decrease the delay at the intersection. Mr. Chen is correct. It doesn't get us to a level of service D or better, but I would point out that the N-J-D-O-T in its access code requires an applicant to make the build with mitigation condition better than the no build condition, which we do. So although we can't get it down to a level of service d, we are improving it. We're meeting the DOT standards with respect to DOT intersections under the DOT's access code. So we feel that the mitigation is appropriate and adequate.  
Speaker 3     02:32:38    Item 10, the, the CME points out that approval for the proposed mitigation will be required from the county and we certainly agree with that. Agreed. Item 11, the comment's been addressed. The next comment was the applicant's engineer should also indicate if any of the traffic signals will be coordinated under the build conditions. And I believe Mr. Re, you said all four signals after  
Speaker 19    02:33:06    Coordinated correct and they will continue to be coordinated.  
Speaker 3     02:33:09    Okay. And item 12, the applicant indicated that no hotel is proposed under this application. Testimony should be provided. I think we provided it unless anybody feels they want to hear it again. Item 13, the applicant's engineer depicts two internal access aisle connections proposed to connect to the adjacent property on block 51 0 1 Lot 7.02 FIF 1596 South Washington Avenue. The applicant's engineer should indicate what this existing business is and add trips that would utilize these internal access aisles to connect to and from the proposed site driveway opposite I 2 87, exit six off ramp the off the applicant's engineer should then revise the build capacity analysis delays, level of service, proposed mitigations and conclusions as necessary. John, I think that's for you.  
Speaker 19    02:34:10    Yeah, well we concur with Mr. Chen that the interconnection for entering traffic only coming off the ramp into the property to the north of us. While it is not necessary because they have their own signal on South Washington, it does remove some traffic from the South Washington centennial intersection. So it does provide a benefit and we think it can operate safely and efficiently. But, but again, that is, that's something that's subject to further discussion with the township, the county, the DOT. We think it provides a benefit, but if everybody decides it's not necessary and they don't want to have it, it can be removed.  
Speaker 3     02:34:53    And I think the, the next item says this comment was not addressed. So, and I think it's the following comment, the site plan shows one way traffic away from the proposed site driveway on these two internal site driveway connections. It should be noted that the existing a adjacent business has access, existing access to Centennial Avenue and existing access to access road, which leads to South Washington Avenue and there does not appear to be a need for this internal cross site access aisle. Further, the location of the Eastern two proposed internal access aisle connection is less than a hundred feet away from the existing traffic signal intersection of Centennial and I 2 87 southbound exit six off ramp. The applicant's engineer should provide testimony of this.  
Speaker 19    02:35:48    Yeah, that's what I just described Mr. Smith. We agree that it's not absolutely necessary to have the interconnection, but it does provide a benefit by removing some traffic out of South Washington and Centennial. It's open for discussion.  
Speaker 3     02:36:05    And then number 14, the applicant's engineer should provide the unsigned intersection capacity analysis for the site driveways proposed on Centennial Avenue and indicate the anticipated delay delays in levels of service. Mr. Chairman you may remember that's the additional information we wanna provide to the board from Mr. Ray. That correct? That's we'll be happy to provide that info. Okay. Going to 15. The applicant's engineer revised the plans to indicate the two proposed internal access aisle connections are one way leading away from the proposed site wait site driveway into the adjacent site and the driveway will, will provide driveway will provide access for employees entering the adjacent site from the I 2 87 off ramp. The applicant's engineer should provide testimony. I thought you did, but yeah,  
Speaker 19    02:37:06    We just, we just went over that it's only gonna be an entrance only. No, no exiting traffic from the property to our north. We'll use the signal.  
Speaker 3     02:37:15    Okay. Number 16, it should be noted that the existing adjacent business has existing access to Centennial Avenue and existing access to the access road, which leads to South Washington Avenue and there does not appear to be a need for the internal cross site access aisle. Further, the location of the Eastern two-way proposed internal access aisle connection is less than a hundred feet away from the existing traffic signal intersection of Centennial and I 2 87 southbound exit six off ramp. The applicant's engineer should provide testimony. I thought you did it. It's essentially the same issue. Yes. Okay. Number 17, common addressed. Number 18, common addressed. Number 19, common addressed. Number 20, common addressed. Number 21, common addressed. And 22 it says comment partially addressed, says the applicant's engineer should update the accessible parking sign detail to indicate that RNJ seven dash eight A the accessible parking penalty sign designation.  
Speaker 17    02:38:22    We agree  
Speaker 3     02:38:23    To comply. Yeah. Yeah. So we, that's  
Speaker 17    02:38:25    A, a sign revision to the detail.  
Speaker 3     02:38:28    Okay. 23 common address. 24 common address. 25 common address. 26 common address. 27 common address. 28 Common address. 29 common address. 30 common address. 31 Common address. 32. Common address number 33. The applicant's engineers should provide intersection site distance triangles whose lengths conform to the ash o guidelines as published in the current edition of a policy on geometric design. And I think that's a We agree. Yes. Yes. Okay. So we agree to comply with that. And then it says do we need to do the, well it says we've reviewed the site, tri site distance triangles provided and the site.  
Speaker 17    02:39:15    Yeah, we'll comply.  
Speaker 3     02:39:16    We'll comply. We agree. A says addressed common addressed 34 says common addressed. Number 35. It should be noted that South Washington Avenue is under the jurisdiction of Middlesex County and we understand that. We know we have to get the county approval. And I think that's that memo. Right. Any other issues with the, with that memo? No. Okay. Next one is John Chadwicks. And Mr. Smith, I think we can speed it up. Probably the best thing is to, on the sign issue is who do you wanna call out? The engineer and the planner and get Jonathan involved on the, on the landscaping issues? Absolutely. Yeah. If you wanna work with the town, there are some constrictions because of the widening of South Washington. Yep. But we but John Re, John Reay, we could take out a couple parking spaces and you know, we're not talking about a forest here we're talking about Right. Just some street trees type of thing. We, we'll work with the town. Okay. The other items were addressed with testimony. Thank you. The, I think that's John Joe Herrera's report. Please see the attached comments. So we, we have no issue with the sanitary storm sewer comments. Other items, the a is the Circle island proposed on Centennial Avenue shall be removed and be paved? We  
Speaker 17    02:40:58    Agree.  
Speaker 3     02:40:59    We agree. Number letter BB 13 inlet is connected to the adjacent property. Is there a private agreement between the two owners who will maintain the inlet and it's my understanding Mr. Zule, it's NDK, correct.  
Speaker 17    02:41:13    NDK will maintain it. Correct.  
Speaker 3     02:41:15    Item C adjacent to the B 13 inlet appears there is a proposed curving pavement outside of the applicant's property. Is there an agreement between the two owners as to who will maintain, maintain my understanding it again, it's NDK, correct?  
Speaker 17    02:41:29    Yes. Well each, each owner will maintain the  
Speaker 3     02:41:34    Statement  
Speaker 17    02:41:35    Or drive vile on their property, correct?  
Speaker 3     02:41:37    Right. Letter DI and I didn't understand it, it said are the three exit only right lanes? I think that's the John Ray question, but I'm not sure exactly.  
Speaker 17    02:41:49    I think what he is implying is are they write in, write out only all three, but we provided testimony that Right. That's not the case. There's additional access.  
Speaker 3     02:41:59    Okay. Alright. So item D needs to, to is slightly different. And just for the record, what is it we're saying about access?  
Speaker 17    02:42:11    Well, each access is, is not right in right out. Only the access on South Washington Avenue is full access except for left turn in from the northbound South Washington Avenue direction. The second on Centennial Avenue closest to the intersection of South Washington Centennials right in, right out. So that one is correct with the comment. And then the Centennial Avenue access point further from the intersection is full access.  
Speaker 3     02:42:43    Right. And how about on South Washington Avenue?  
Speaker 17    02:42:46    South Washington Avenue? That, that, that's the access. That is full access except no left turn in from South Washington Avenue.  
Speaker 3     02:42:53    Okay.  
Speaker 17    02:42:53    And that's at the signal.  
Speaker 3     02:42:55    And then item E it appears there'll be a need for a traffic light at, at the exit on South Washington Avenue. And it's there,  
Speaker 17    02:43:03    Correct? There's one there already. Right.  
Speaker 3     02:43:05    Okay.  
Speaker 17    02:43:06    We didn't note it on the plan, so I understand the confusion.  
Speaker 3     02:43:10    Is there any issues on Mr. Herrera's memo?  
Speaker 17    02:43:16    No, we can't comply.  
Speaker 3     02:43:18    And the board is what? Right. Sorry, with the clarification of the, of item DAA. Any other issues from the board on that memo? Alright. And lastly we have Dawn Corcoran's analysis of the zone, the variances that are needed. And I don't think there's anybody on in this panel tonight that's ever gonna challenge Dawn Corcoran on her analysis of variances. We agree with her analysis and you finally have the fire marshals report, namely the plan is approved. Is there anything else we can answer with regard to reports? And Mr. Chairman, if it's all right, Mr. Ray is gonna add that additional information for Mr. Chen's review and then we hope to see in, in January. But you know, you, you may have public tonight that wants to, I mean we, we basically have 99.9% of our case in, so, you know, you may want to get public if they've sat in the audience watching all this, they might want to get their licks in. Sure.  
Speaker 19    02:44:30    Yeah. The football game wasn't too good tonight, so they might be out there.  
Speaker 2     02:44:36    Yeah. Before I open this to the public, I have a question. Sure. John, John Chadwick kind of was seeing the same thing. I was seeing that little bump out, it seemed to, would make more sense. That's on South Washington, right? Not to have people exiting into a lane of traffic when you're creating a third lane. I'm, I just, when you said that this is gonna go past the county and state traffic review, I hesitated to say anything, but I just, I just wanted to make sure that that issue is gonna be addressed. And it's that lane that's the same lane. If we had extended it sort of traffic turning in from the heading, I guess that would be south. Heading north at that point or south? Yep. On south. Hmm?  
Speaker 17    02:45:31    South.  
Speaker 2     02:45:32    Okay. You're heading south that they could also have that little link to move out of the flow of traffic to turn in. I'm not looking for answers, just, I just want, okay,  
Speaker 19    02:45:42    We'll we'll take a look at it. We'll,  
Speaker 17    02:45:43    Thank you. We'll review it. Right.  
Speaker 2     02:45:45    Thank you. Any other, anyone else on the board have a question? Any questions at this point they wanna raise? Hearing none, I'll open this to the public at this point. Does anyone in the public have any questions or concerns they'd like to raise  
Speaker 1     02:46:00    With the understanding that there will be additional testimony at next month's meeting?  
Speaker 2     02:46:05    Yes. There's no vote tonight.  
Speaker 3     02:46:07    No one chairman,  
Speaker 2     02:46:08    Thank you. You like close the public se section,  
Speaker 3     02:46:13    Mr. Chairman and Mr. Keneally there. I assume there's no need to re-notice and republish, but let me clarify that for the record.  
Speaker 1     02:46:23    Laura, what date are we carrying this to?  
Speaker 0     02:46:26    January 29th.  
Speaker 1     02:46:28    So anybody here on  
Speaker 0     02:46:29    And we'll need an extension of time.  
Speaker 1     02:46:31    Okay. Anybody here on the NDK application? It's carried to January 29th, 2020 sixth with no further notice by the applicant. Assuming that the applicant signs the extension of time,  
Speaker 3     02:46:44    We're happy to do so. And for the record, we, you know, we're verbally granting it, but we'll be providing the paperwork and the $25 check to make it official.  
Speaker 2     02:46:54    Thank you. Thank  
Speaker 1     02:46:55    You. Thank you Mr. Smith.  
Speaker 3     02:46:57    Thank you members have great holidays.  
Speaker 2     02:47:00    You too, everybody. Everybody? Yep. Thank you.  
Speaker 1     02:47:03    Thank you everyone. Thank  
Speaker 2     02:47:05    You.  
Speaker 0     02:47:08    Chairman, we have to do number 19, the adoption of the  
Speaker 2     02:47:10    2026 calendar. Yes. I'm looking the page,  
Speaker 0     02:47:13    Ma'am. Thank you.  
Speaker 2     02:47:16    Number 19, discussion adoption of the 2026 zoning board of adjustment calendar. Can I get a motion? I'll make a motion. Can I get a second? I a second. Thank you. All those in favor? Aye. Aye. Aye. Any opposed? It passed the calendar passes. Thank you. You're welcome. Option, no. Item number 20, adoption resolutions from the a regular meeting of November 13th.  
Speaker 1     02:47:51    First resolution is Giovanti Patel, which you voted to approve. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio. Mr. Blount?  
Speaker 2     02:48:04    Yes.  
Speaker 1     02:48:05    Mr. Duka? Yes. Mr. Mitterando? Yes. Chairman Weisman? Yes. Second. Annette Ryan Mazar, which you voted to approve. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Blount. Mr. Duka? Yes. Mr. Mitterando? Yes. Chairman Weisman? Yes. Next is Dipesh Patel, which you voted to approve. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Blount. Mr. Duka? Yes. Mr. Mitterando? Yes. Chairman Weisman? Yes. Next is Barbara Base, which you voted to approve. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. O'Reggio? Yes. Mr. Blount. Mr. Duka? Yes. Mr. Mitterando? Yes. Chairman Weisman? Yes. We have one additional resolution. It's Hackensack Meridian. It's a resolution of withdrawal. We will need someone to motion and second it and then we'll have a roll call. Vote  
Speaker 2     02:49:15    I'll, I make motion. I'll second. I second.  
Speaker 1     02:49:19    Laura.  
Speaker 0     02:49:21    Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Patel? Yes. Mr. Reggio?  
Speaker 2     02:49:27    Yes.  
Speaker 0     02:49:28    Mr. Haka? Yes. Mr. Mitterando? Yes. And Mr. Riley? Yes.  
Speaker 1     02:49:34    Those are all the resolutions I have for this evening.  
Speaker 2     02:49:37    Thank you. Item number 21, adoption of minutes from the regular meeting of November 13th. All those in favor? Aye. Aye. Aye. Aye. Opposed? It passes. Thank you. Motion to adjourn? Yes. All those in favor a next scheduled meeting. Thank you. Next scheduled meeting is January 15th, 7:00 PM Everyone have a very good holiday. Safe, happy, and healthy New year. Wonderful holiday.