Transcript for Piscataway Zoning meeting on September 24 2026

Last updated October 1, 2026

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Sep 24 2026 · Zoning

Shawn Cahill (Chair) Notice of this meeting was provided in the following ways. Notice published to the co news notice posted to the bulletin board of the municipal building notice made available to the township clerk notice sent to the co news and the star ledger. Will the clerk please call the roll?

Speaker 1 Mr. Weisman? Here. Mr. Tillery? Here. Mr. Regio. I know he is here. He's here. He's here. Hi Roy. Sorry here. Mr. You're fine. Mr. Bla here. Mr. Ali here and Chairman Cahill Here,

Shawn Cahill (Chair) Will everyone please stand for a salute to the flight. I pledge allegiance to flag United States of America, United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for.

Speaker 1 Okay,

Shawn Cahill (Chair) Mr. Kinneally, any changes to the agenda? We have

James Kinneally (Zoning Atty) One change to the agenda tonight. The Muslim center of Middles six County on hose lane West will not be heard. It will be adjourned until October 22nd with no further notice. That's

Shawn Cahill (Chair) All. Thank. Okay, let's move on to item number 6 26 dash ZB dash 41 v. Jillian French Fini butcher that or what?

Speaker 4 Yes, that's me. This is PRI Patel and my wife.

Speaker 1 Yes, you you, you were called yet Mr. Patel?

Speaker 4 That's not mine. No. No.

Speaker 1 Okay. Your name's not Joanne. I'm

Speaker 4 Sorry. Thank

James Kinneally (Zoning Atty) You. Is Joanne Fini

Speaker 1 Here? She is.

Speaker 5 I am. I'm here.

James Kinneally (Zoning Atty) Hi, I you were sworn in at the last meeting. You don't need to be sworn in again. Okay. Could you tell us what's changed between then and now?

Speaker 5 So I met on site and I can't remember his name, Jonathan. Right? I don't know his last name, I apologize. But we were able to come to an agreement to, for a structure that was below, I guess the size of the one that I had previously requested. So now we're, I guess in compliance or in agreement and that we'll also add the landscaping, which we had also discussed.

Shawn Cahill (Chair) Okay. Hey Jonathan, any other points that she might have missed?

Jonathan Rahi (Planner) No, it's going to be a more narrow, more short structure with evergreen landscaping around the

James Kinneally (Zoning Atty) Property. Does that change the setbacks?

Jonathan Rahi (Planner) It's gonna depend on whether it's placed on the back of the, on the back of the pad that's been poured or if it's gonna be centered on it. So I would advocate for it being placed on the back of the pad to reduce the setback relief from the side yard, front yard on hillside.

James Kinneally (Zoning Atty) Do you

Shawn Cahill (Chair) Understand, is that okay, Jill?

Speaker 5 I think that the way that we poured it was supposed to be centered and there actually is more space in the back, but, you know, I don't, I don't know that it can be placed at the edge just because there's those stones, Jonathan, that are on the border.

Shawn Cahill (Chair) I don't think that makes much of a difference, to be honest with you. You could put

Speaker 1 And at the end of, and at the end of the day, there's gonna be the evergreen landscaping as well.

Shawn Cahill (Chair) Perfect. Okay. Okay. Very much. No problem. Any other questions by the members of the board for this application? Hearing none, I'm gonna open it to the public. Anyone in the public have any comments or questions about this application?

Speaker 1 No. One chairman.

Shawn Cahill (Chair) Okay. I'd make a motion to approve this application as it's been resolved. Can I get a second? Yes. I'll second it. Okay. Call the roll.

Speaker 1 Mr. Weisman?

Shawn Cahill (Chair) Yes.

Speaker 1 Mr. Tillery? Yes. Mr. Regio? Yes. Mr. Bla? Yes. Mr. Ali? Yes. And Chairman. Kay. Yes.

James Kinneally (Zoning Atty) Your application has revised, has been approved. We'll memorialize this in at our next meeting and mail a copy of that document to you.

Speaker 5 Thank you so much. Have a good evening everyone. Thank you too, ma'am. Take care. Bye-bye.

Shawn Cahill (Chair) Let's quickly move on to item number 7 26 dash ZB dash 48 H. That's Esh Patel, or was that B? Sorry.

Speaker 4 Oh, that's my VI think it's a 48 VI held.

Shawn Cahill (Chair) Okay. Yeah, please proceed.

Speaker 4 Okay. Yeah, so my name is Pri Patel, my wife. And basically what we want to do is we wanna put maintain our soil level, which is kind of 17 eachs, which is we lost during couple of years and basically the retaining wall and then put the fence on the soil. So I would like to just share some document there here to just show what I'm trying to say. Sure, yeah. Thank you. One second. Okay. Is it visible for you?

Shawn Cahill (Chair) You wanna scroll up a little bit? Okay, there you go. Yeah.

Speaker 4 Okay. So basically I, I lost kind of this kind of soil and it's like on a, on a lot of, lot of, on a lot of ground like that and washed out and, and that's, that's where like my old fence was that that river road level at this level. And it was wooden fence and it was like, basically I was replacing s sections in couple of, you know, and also filling up soil inside, but it washed out, it's washing out and not growing my grass and I spent couple of thousands of dollars there too. So I wanna put the retaining wall there. That is the one thing. And this is like a, I lost a lot of ground here also, and that's where I wanna level it up and then make sure this bushes got correct soil and won't lean. And it's a, it's right now it's like kind of a root gut exposed and another trying to lean in the fence side.

Speaker 4 So that's what the things I wanna fix. The second part of that, if I keep the fence in this part of the fence is don't have any bushes. So if I keep the fence at the six foot, four foot level as per the requirement of the code, and I would like to comply with the code, it's not a problem for me. But that's where I get exposed to the privacy and other, other noisy noise in noise, basically. There is a lot of traffic on the river road now, so it's a lot of noise there coming in there. It's no restriction. So if I measure that might, the other part of the land is, has a little ground there, which is maintained. I, it's retains there. So it's kind of, it's showing me like a six foot there. And other thing is that, is that, I'm trying to see, I trying to do the similar action, which is neighbor is there and that's where, how they put it there.

Speaker 4 So I, I was trying to put it like that and to retain the soil and the level and the bushes and support the bushes. So that is the one thing, and again, this again, this section of the fence, which is on the north side, basically it's exposed, if I keep it four foot, then it's again same privacy and noise exposure there. So this is the one I wanna just present to you. And I understand there is a six foot code there to I to comply with it. But I would like to know what is the, my blocking here than neighbors. And other thing is that a couple of other two, three questions, I, I want to have a clarification on that.

Shawn Cahill (Chair) All right. We got your proposal and what you'd like. I think Jonathan has some issues and might wanna address that. Jonathan, jump in please.

Jonathan Rahi (Planner) Certainly. Mr. Patel, have you received the revised staff report from township professionals?

Speaker 4 Correct.

Jonathan Rahi (Planner) Do you have any objections to what's on that report?

Speaker 4 Well, only, only thing I wanna know is like basically I, why we are measuring from the back, from the river road side since my my gland level is higher a little bit and what kind of setback I have to be there since like I, I'm trying to do similar, which is neighbor has it right. So I'm, I'm, I'm trying to understand my side side, my side that okay, what, what is I missing or what is is blocking for me to comply with that?

Jonathan Rahi (Planner) Okay, so setbacks is a, a bit of a different question just because you have been in front of the board before to get variance approval for setbacks, respective of the fence,

Jonathan Rahi (Planner) Common practice to measure retaining walls from the bottom of the bottom of the exposed face, which would be on the river road side because it's important to, to measure how much soil is being pushed up against the wall and all those factors that are going on below ground. So to measure from on top of the wall is as if to say there's no wall there at all. So by measuring on the river road side, we could see it's a 18 inch wall and staff came up with a, an idea for finding a way to keeping that structure there with a reduced fence panel on top to not exceed the six foot height restriction.

Speaker 4 So, okay. Does that

Jonathan Rahi (Planner) Make sense?

Speaker 4 Yeah, I mean I'm, I'm, I'm, I'm okay with the complying the rule, right? But I, I was just, I want, I would try to understand what is blocking for me, like with the neighbors, like what neighbor has it, right. So I, is that, is that my fence currently on that setback line or it's well inside my property, that's what I also well know

James Kinneally (Zoning Atty) That Sir Patel, the OR ordinance requires it a limit of six feet. In order to get a variance from that, you have to provide evidence before the board to be granted a variance. It's not whether or not the board thinks that your neighbors are gonna like it or not like it.

Speaker 4 Okay. Meaning what kind of evidence I have to provide it before the

James Kinneally (Zoning Atty) Bar, you would have to su you would have to consult with professionals yourself. I can't give you legal advice on what kind of evidence you need.

Speaker 4 Okay.

Shawn Cahill (Chair) Do you want do that Mr. Patel?

Speaker 4 Well, I will, yeah. I mean I will.

Shawn Cahill (Chair) Do you want seek a professionals to walk you through the process and and testify as to why it shouldn't be six feet? Or do you wanna agree to the staff report that Jonathan mentioned and I'm sure we can move ahead and get this done tonight. So you decide what you wanna do.

Speaker 4 Oh, one more question. Is there any penalty? I would pay for that.

Jonathan Rahi (Planner) Yes. It's violation of code without a variance approval. Okay, so it would be subject to violations and summons as would any other code violation? Yeah.

Speaker 4 Okay. And if I read, if I comply that six foot, then there is no penalty, right?

James Kinneally (Zoning Atty) You comply with the six foot limit as recommended by the township professionals and this board votes in the affirmative, you will have an approval for the six foot,

Speaker 1 You would just need to obtain a permit.

Speaker 4 Oh yeah, yeah, yeah. Okay. Do I have a time or in the next meeting I have to comply with that or can, can I have a, like a time for the professional or advise or, or i I have to come in the next meeting?

Shawn Cahill (Chair) Well, we could, we could provide you with a date further out so you could consult with professionals in the, in the interim or you can agree to the staff report tonight and I, I know how to read the room pretty well. You'd be approved.

Speaker 4 Okay.

Shawn Cahill (Chair) Take take a second or two to discuss with your wife.

Speaker 4 Yeah, yeah, yeah. Okay. Okay. So we will try to adjust that.

Shawn Cahill (Chair) Hi Dan. I didn't hear your answer, I'm sorry.

Speaker 4 Yeah, yeah, I mean, we'll we'll comply with the court.

Speaker 7 So you'll

James Kinneally (Zoning Atty) Comply with the six feet as recommended by the township professional.

Speaker 4 Yeah.

Shawn Cahill (Chair) Perfect. Okay. Any other members of the board have any questions or comments? Hearing none, I'm gonna close it, open it to the public. I should say. Let me open it to the public. Anybody questions or comments about this application?

Speaker 1 You can raise your hand and I can give your permission to speak. No one chairman.

Shawn Cahill (Chair) Okay, let's close the public portion and I'd make a motion to approve this application. Can I get a second? I'll second it. Thank you. Call the

Speaker 1 Roll. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Regio? Yes. Mr. Blo?

Shawn Cahill (Chair) Yes.

Speaker 1 Mr. Ley? Yes. And Chairman Cahill? Yes.

James Kinneally (Zoning Atty) Your application as amended has been approved. We'll memorialize this in a written document on our next meeting and will send that document to you. You'll need that to get a permit.

Speaker 4 Okay, thank you.

Shawn Cahill (Chair) Goodnight. Thank you. Goodnight. Goodnight. Move on to item number 8 26 dash ZB dash 20 V vat Sally Adult care LLC.

Speaker 8 Good evening board chair members of the board, David Persad, licensed attorney in the state of New Jersey here tonight representing the applicant. Lia Adult Daycare LLC. This is a property located at 1412 Stelton Road block 84 0 3 lot 1.03 in the GB general business zone. Tonight we are seeking Duse variance for an expansion of a previously approved, a non-conforming use vet sales adult daycare is exactly what it sounds like. It is an adult daycare. It is licensed by the state of New Jersey and it currently operates on this property in a multi-tenant commercial structure. Currently the adult daycare is utilizing units six through 10 and there are a total of 10 units in the entire building. What the applicant is seeking approval from this board is to expand into one additional unit, which is DESI designated as unit number five, which is currently vacant. There's no tenant in that unit and therefore expanding their entire, entire use to units five through 10.

Speaker 8 That's approximately 50% of the existing building. The adult daycare is not permitted in the GB zone. It has received approval from this board under resolution 13 dash CB dash 44 V. So we are seeking, as I said, an expansion into one additional unit. The expansion will just create areas for the patients that attend this adult daycare such as a quiet room, a PT room, activity room, and then certain staff areas and restrooms as well. Tonight we have three witnesses. We have the applicant, Mr. Metta, VIN Metta for, he's a principal of Lia Adult Daycare. We have our professional engineer, traffic expert, Mr. John Ray from McDonough and Ray Associates and we have our professional planner, Mr. James Higgins of James W. Higgins Associates. We will be addressing a number of staff reports that we received from the town. We received a planning report from John t Chadwick planning report dated August 10th, 2026. We received a Piscataway Township staff report dated September 22nd, 2026 and a Dolan and Dean traffic report dated September 24th, 2026. With that, I have no further explanation of the application and we can swear in the first witness if the board will allow,

James Kinneally (Zoning Atty) Please proceed. Who's your, who's your first witness?

Speaker 8 The first witness is Mr. Bain Metta. He is a principal of Lia Adult Daycare.

James Kinneally (Zoning Atty) Sir, are you present?

Speaker 9 Yeah, I am. Can you

James Kinneally (Zoning Atty) Raise your right hand? Do you swear that the testimony you're about to give should be the truth?

Speaker 9 I do.

James Kinneally (Zoning Atty) Thank you. Your name and address please?

Speaker 9 Bain Met Metha. The address is 42 Kingsbridge Drive in Edison, New Jersey 0 8 8 2 0.

James Kinneally (Zoning Atty) Thank you.

Speaker 8 Thank you Mr. Mr. Metha, you are one of the principals of vet sale adult daycare, is that correct?

Speaker 9 That's correct.

Speaker 8 And when did you become an owner of the adult daycare?

Speaker 9 We became owner of adult daycare effective July 14th, 2022.

Speaker 8 And you purchased the business from the prior owners, is that correct?

Speaker 9 Prior owners, that's correct.

Speaker 8 Okay. And what is the purpose of this application before?

Speaker 9 So essentially with the unit next door becoming available, we would like to expand our services to the community and the elderly of our community to provide adult daycare services.

Speaker 8 Great. And as I mentioned, you are expanding into one additional unit and that is unit number five, correct?

Speaker 9 Unit number five. We currently occupy unit number six through 10.

Speaker 8 Do you propose any changes to your current hours of operation with this expansion?

Speaker 9 No, our current hours of operation will continue to remain the same.

Speaker 8 Okay. And just for the benefit of the board, we just wanna go through some operations of the site. When do the patrons of your facility arrive on site?

Speaker 9 So as we, as I mentioned that we're open 7:00 AM to 7:00 PM primarily the first patients that arrive to our site are at around 7:30 AM in the morning.

Speaker 8 Okay. And you have two shifts that you operate in, is that correct?

Speaker 9 That's correct.

Speaker 8 And what are the hours of those shifts?

Speaker 9 So essentially our first shift will be seven 30 to 1230 and then our second shift will be 1:00 PM to 6:00 PM

Speaker 8 How many patrons attend your facility now and how many do you anticipate if this application is approved?

Speaker 9 So currently in our first shift we are thankfully at full capacity and in our second shift as per the expansion, we are anticipating that we would be able to service 50 more elderlys in our community.

Speaker 8 So just to clarify, we are at 150 patrons, which is your maximum capacity, correct?

Speaker 9 That's correct.

Speaker 8 And with the addition, we are anticipating in approximately 50 additional 50 patrons?

Speaker 9 Additional 50

Speaker 8 Patrons? Yes. So at 200 patron total?

Speaker 9 That's correct.

Speaker 8 And how many employees do you have currently in the site and how many do you anticipate with the expansion? At

Speaker 9 Current capacity we have 36 employees on our site and we anticipate additional three employees to join us. So

Speaker 8 That, so a total of 39? Correct.

Speaker 9 39 employees. Okay.

Speaker 8 You mentioned, so there is a pickup and drop off service for the adult daycare. None of the patrons actually drive to the site, is that correct?

Speaker 9 That is absolutely correct.

Speaker 8 Okay. And how many vehicles do you currently use for this pickup and drop off service?

Speaker 9 We currently use 19 vehicles for pickup and drop off service.

Speaker 8 Okay, and I understand that's four sedans, six minivans and the remaining number are 15 seater passenger vans, correct?

Speaker 9 That's correct. That's driver plus 14 seater. 14 patrons.

Speaker 8 Understood. And with the expansion, how many cars or how many vehicles do you anticipate that you'll be adding

Speaker 9 At current? As per our current understanding, we anticipate to gradually add three more 15 seaters, that is driver plus 14 seater vans to our current capacity. Just three.

Speaker 8 And you'll acquire those three as the patient count grows?

Speaker 9 Yes.

Speaker 8 Okay. And you also to just to even out the number of employees and drivers, you have certain staff members who are also drivers, correct?

Speaker 9 Yes.

Speaker 8 So there's not an overlap, you don't have additional drivers in, you don't have drivers in addition to the staff? Correct.

Speaker 9 So overall 36 count that I mentioned, that is inclusive of the drivers staff driving staff

Speaker 8 And that's 19 drivers outta that

Speaker 9 30 19 drivers? Yes, that's correct.

Speaker 8 Your facility is also licensed by the state of New Jersey, the Department of Health, correct?

Speaker 9 Yes. It is licensed by Department of Health.

Speaker 8 And you, before expanding into unit five, you will have to get an additional license, is that also correct?

Speaker 9 That is correct. However, I would just like to add that the Department of Health would essentially do a survey and certify us once we have the certificate of occupancy and go into the facility.

Speaker 8 Okay, so you need the, essentially you're saying that it's local approvals and then permits and certificate of occupancy prior to the state issuing your license, correct?

Speaker 9 That is correct. As a matter of fact, the Department of Health likes rather prefers to review the facility once all the construction or the modifications have been completed.

Speaker 8 Okay. And as part of this location, you are not proposing any exterior site work as just interior renovations, correct?

Speaker 9 Absolutely correct. No exterior modifications.

Speaker 8 And I understand that Visalia has been operating since 2022 in Piscataway and it is a community driven business. I think it would be beneficial to the board to understand how you do provide services or help to the township of Piscataway. Just very briefly,

Speaker 9 Very briefly putting it, more than 80% of our elderly community that we serve has a residential residence in within Piscataway Plainfield and the surrounding townships. We usually not, usually we provide them the pickup drop off three meals services and cater to all their doctor's appointments, which elderlys do need. And most beneficial thing that we do for the elderly is the social connectivity that we provide to them wherein they can come in and they can have a very so active social lifestyle with us.

Speaker 8 Thank you. Okay. I have no further direct questions of Mr. Met from Lia. If the board has any direct questions?

Shawn Cahill (Chair) Yeah, anybody on the board have any questions from Miller?

Jonathan Rahi (Planner) I have some questions, chairman. Sure, sure. Alright, thank you. So just to, just to clarify because when we received the documents for this application, we represented that in our staff report and hearing your testimony, the numbers in our staff report don't seem to align with your testimony. So if you have 36 employees currently that's made up of 19 drivers and 17 on onsite care staff professionals. Okay, so those 17, those 17 professionals at any given time and there's, and there's two shifts of 17 people.

Speaker 9 So okay, go Mr. Jonathan, complete the question and then Yeah, no, so okay, so, so there is, there is quite a bit of overlap there are there, so 19 drivers, 17 people, so 19 drivers when they are off their driving duties, they also help take care of the elderly. They, they're trained and expected to take care of the elderlys. So it is providing an overlap and then continuing, I hope I've answered your question Mr. Jones.

Jonathan Rahi (Planner) Okay. Because if the, if the drivers are also providing care inside the facility during the day, then that's something that needs to be captured in the parking calculation and I just wanna make sure that what, what we're talking about the site being under parked or over parked, that we're talking about that accurately. So let's, let's talk about the, the vehicles then. So if you have nine V nine vans that, or mini buses that hold 14 people, you're going to add three more.

Speaker 9 We are going to add three more to

Jonathan Rahi (Planner) Them. Are you adding any other sedans or minivans?

Speaker 9 No, at this point in time I do not foresee a need to add any other sedans or minivans.

Jonathan Rahi (Planner) Okay. So the total vehicles is different what we were assuming, we were assuming 34 total vehicles. Yeah. So now this has gone down a little bit. Okay.

Speaker 8 Yeah, no, and if I can clarify, I think, I think there was a, a little bit of a typo or maybe just a misunderstanding of it. It's, it's three additional 15 seater vans. I think that may have translated into 15 additional vans. So yeah, just to clarify, it will be three additional vans.

Jonathan Rahi (Planner) Okay, so that's 12 total vans, four sedans and six minivans for a total of 22 vehicles that are going to be phased in. Correct. So that's gonna take up 22, 22 spaces for those vehicles to be parked there. Yeah, that is. Are there any other, are there any other tenants in that commercial building that have business vehicles that are being parked there? Are you aware of that?

Speaker 8 I don't believe that we, they have any vehicles that are parked there and left there overnight or just used strictly for the business. They are, the other businesses are retail restaurant, actually it's mostly retail and one restaurant.

Jonathan Rahi (Planner) Okay. Alright. So thank you for the clarification on the vehicles. Can we get clarification on the employees, there's 36 current employees that's total between staff and drivers and the drivers are providing some Yes. In in care, onsite care and you're gonna add three additional staff, so you're going to have a total at most 39 employees there at any given time.

Speaker 9 That is what our understanding that is what our anticipation planning is right now. Yes.

Jonathan Rahi (Planner) Okay. And then the other tenants, we're still anticipating that taking 85 spaces or that might be a, a question for, for John Ray?

Speaker 8 Yeah, I think we can defer to John Ray, but I did a, I did a basic parking count based on the square footage and I provided that for review. I think at maximum capacity of all of the other businesses are in full capacity. That's 85 spaces that are required.

Jonathan Rahi (Planner) Okay. All right. That, that's all the questions I have for, for you at this time. Thank you for the Thank you for the time chairman. Thank you

Speaker 10 Jonathan. Any other members? I have, I have a couple questions. Oh John, the bus service is mandatory.

Speaker 9 The pickup and drop off services, I mean technically speaking all our patrons are generally age 65 and above. So we insist that they do not drive themselves to the facility. Yes. So it is pretty much mandatory from our side that they will be picked up and they will be dropped off.

Speaker 10 Is that part of your contract?

Speaker 9 It is part of our and our requirements with the Department of Health.

Speaker 10 Okay. So in terms of the resolution, assume you're approved, they will be a condition that clients would be transported to the facility?

Speaker 9 Yes.

Speaker 10 Okay. No outside improvements anymore Signage?

Speaker 9 No. Outside? No, we have already the signage. No outside changes to the signage.

Speaker 10 Okay. I do have a question in the report about the parallel verse, the 90 degree parking, but I think that's a question to Mr. W Ray.

Shawn Cahill (Chair) Thank you John. Any other? That's it. Does that have any questions for Mr. Meadow? Hearing none, David, you can move on to your next witness please.

Speaker 8 Thank you. Board chair. My next witness is Mr. John Ray who has a lot of questions to answer. It seems the board can swear him in.

James Kinneally (Zoning Atty) Mr. Ray, are you present?

Speaker 11 Yes I am.

James Kinneally (Zoning Atty) Raise your right hand. Do you swear the testimony you're about to give should be the truth?

Speaker 11 I do.

James Kinneally (Zoning Atty) Thank you. Your name and address please?

Speaker 11 John Ray, REA, a professional engineer with McDonough and Ray Associates. 1431 Lakewood Road, Manasqua, New Jersey.

James Kinneally (Zoning Atty) Mr. Chairman, I believe Mr. Ray has been accepted as a traffic engineer before this board. Before

Shawn Cahill (Chair) I agree. Please proceed. Deputy. Thank you.

Speaker 8 Mr. Ray, you per you prepared and submitted a traffic report and parking study for this application, correct?

Speaker 11 I did.

Speaker 8 And can you please just explain to the board, give a description of your, your findings and also answer any of the questions from the board members If you don't mind.

Speaker 11 I'll do my best. Thank you. The report is dated March 30th, 2026. And I guess I'll start out by just indicating that over the last five, six years or so, we've had an opportunity to do a couple of traffic and parking studies for adult daycare centers. They all basically operate in the, with the same protocol. All of the patrons are transported in either vans, station, wagons, lot, you know, minivans, things of that nature. So they don't drive to the site themselves. They're dropped off, they get back into the van after the end of the session, they're taken back to to their homes and they all operate the same way. What's being proposed here is an increase of 50 patrons for each of the two shifts. And in order to accommodate that, our client has indicated he will need to purchase three additional 15 seat vans. He's a little bit over, he probably has a little bit more in terms of staff than he requires at this point in time.

Speaker 11 So that's why he, he's only hiring three additional drivers to drive the 15 seat vans and also double as staff inside the facility if hopefully he gets the approval. We, we conducted traffic counts at the driveway to Stelton Road. I've made several visits to the site to to to observe the drop off in pickup activity. The increase in traffic and the increase in parking is going to be minimal. There are going to be three additional vans when we get up to the full capacity of 200 patrons. So there will be three additional vans entering the property, three additional vans exiting the property during peak hours and there will be three additional parking spaces that will be required in the parking lot. I do want to go go over the parking in a little bit more detail. There are 129 parking spaces in the complex. And as David has indicated, if you look at the four existing other uses in the building, they require 85 parking spaces based on the square footage and Piscataway code that leaves 44 spaces for the adult daycare center.

Speaker 11 We are going to need, based on my observations, probably no more than 30 to 35 parking spaces during my observations. There were always 20 to 30 available parking spaces in the back part of the parking lot where we are, we are going to need the parking spaces. The 85 parking spaces that are required by code for the existing uses in the building are a little bit higher than what the actual need is. Based on my observations, the actual parking demand generated by the other four users in the building is probably half of the 85 spaces that the code requires. And at the end of the day, what I can tell you is based on our traffic counts or parking observations, we can easily accommodate the additional three 15 seat vans that are required. And there should be no absolutely no issue with respect to the parking, with respect to the traffic impacts to Stelton Road, we did do counts.

Speaker 11 We did do an analysis. Stelton Road is a busy county road as we all know. And the levels of service for the exiting traffic to Stelton Road will remain the same. We will have a DD as in David level of service during the morning peak hour, C during the afternoon peak hour. They're acceptable levels of service. There will be a very minimal increase in delay. You're talking about one additional vehicle every 20 minutes being discharged onto Stelton during peak hours. And so my conclusion, and it's in the March 30th, 2026 report, is that this is going to have a minimal increase in traffic, a minimal increase in parking demand, and the parking lot can accommodate the additional vehicles that are generated. The access can accommodate the additional traffic that's generated. It's a pretty minimal increase in both traffic and parking and there shouldn't be any issues with respect to any negative impacts. That's it. Okay.

Shawn Cahill (Chair) John, you have some questions for Mr. Ray?

Speaker 10 Yes, John, the original approval had a preference for parallel parking for the handicap spaces, which I don't understand, but there are 90 degree presently, correct?

Speaker 11 That is correct.

Speaker 10 Will there be additional, well first of all, what would be your opinion in terms of parallel handicap spaces?

Speaker 11 We, we don't need the parallel spaces Mr. Chadwick because the vehicles that are being used for the transport of the, the patrons are all, they're not school buses. They're minivans and they're the very small transport vans that can fit into a parking space. During my observations of the pickup and the drop off procedures, the, the transport vans which just pull into one of the parking spaces in the parking lot, a staff member would assist the patrons getting out of the van. A couple of the vans have lifts if people are in wheelchairs. I saw that. You know, and, and they just assist the patrons in getting into and out of the, the transport vans and taking them into the building. We don't have any school buses, we don't have any large vehicles that would require any kind of parallel parking at the curb. And so this is the way that the facility has been operating for quite some time. I've observed it, I didn't see any issues with it and that's the way it's gonna continue to operate.

Speaker 10 I guess what if the board approves it, it should specify that the transport vehicles are the largest one is what, what, what would we

Speaker 11 Call it? 14 largest one and BA can correct me if I'm wrong. I think 14. Yeah, it's capacity 14 if I'm not mistaken.

Speaker 8 It's technically a 15, 14 15. But we're not counting the driver. So 14 passengers.

Speaker 11 Yeah. And it depends on whether there's a lift in the vehicle as well too.

Speaker 10 Yeah, correct. So if we say the largest would be a 15 capacity vehicle, that would be satisfactory,

Speaker 11 Correct? Yes. Okay.

Shawn Cahill (Chair) Yes. Thanks John. Thank you. Any other, any other members of the board? Any questions sir? Mr. Ray? Hearing none, David put on your next expert.

Speaker 8 No problem, sir. We, our next expert is Mr. James Higgins from James W. Higgins associate. He is our professional planner who will give us the justifications on the MLUL for the expansion of the non-conforming use.

James Kinneally (Zoning Atty) Mr. Higgins, if you raise your right hand, do you swear that the testimony you're about to give should be the truth?

Speaker 12 I do.

James Kinneally (Zoning Atty) Your name and address please.

Speaker 12 James W. Higgins, H-I-G-G-I-N-S 14 Tilton Drive, ocean, New Jersey.

James Kinneally (Zoning Atty) I believe Mr. Higgins has been accepted as an expert professional planner before this board previously.

Shawn Cahill (Chair) I agree. Mr. Kinneally, please proceed.

Speaker 8 Thank you. Mr. Higgins. If my understanding is correct, you did the original approval for the prior owners back in 2014, I believe. Is that correct?

Speaker 12 I that's what I told you. And it turns out I was not Correct. There was a almost identical application that the board approved a year before this application. This site was approved and I testified on that one.

Speaker 8 Understood. So that's

Speaker 12 Where the whole issue of the parallel parking came, came up because that application had large school buses in the board, wanted the school buses to pull up parallel.

Speaker 8 Understood. So you have, you've had a chance to review this application, all the materials that correct?

Speaker 12 Yes, I did. I reviewed the same application, the reports

Speaker 8 And, and you were able to provide, you were able to provide a planning justification and if you can please share that with the board?

Speaker 12 Yes, I can. And Mr. Kinneally, if when I'm giving my testimony, if you think I'm getting it a little bit wrong, please let me know 'cause I'm gonna talk about the paleo case. Go ahead. And I understand that you were the, the plaintiff's attorney on that case? Yes, I was. This is, this is a use, it's a use that was permitted by variance. Therefore it's not a preexisting non-conforming use. It's a permitted use on the site. The applicant is simply trying to expand that use. And the paleo case basically says what you should look at is the negative criteria. Is there any substantial detriment because the positive criteria has already been decided for this site. In this case, the only real potential for negative was the traffic and the parking. And I've listened to Mr. Ray's report, his testimony and I agree a hundred percent with it.

Speaker 12 I've, I've seen the site that there's clearly plenty of parking on the site and the introduction of 50 additional people. In my opinion, since this is an inherently beneficial use will only serve to, I increase the benefit of this use and to the, to the benefit of the community, to the benefit of the greater community and not have any substantial negative impact. The, the impact of the 50 additional people, all of whom will be inside the building, all the activity will be inside the building except for when the people are getting out of the vans to go into the building and, and then being loaded back into the vans. And that's a very short duration and all of the other activity will be inside. So there's no noticeable increase in activity outside and minimal increase in activity as far as parking on the site or travel to and from the site. And when I look at that, I think very clearly the application can be approved. There is no additional substantial negative impact in my opinion and the benefit still remains. If anything the benefit is greater.

Shawn Cahill (Chair) Okay.

Speaker 8 I have no questions from Mr. Higgins if the board has any questions,

Shawn Cahill (Chair) John, anything to add? No. Okay. And Jonathan? I do not. Okay. Thank you. Any other members of the board of any questions or comments? Okay, David, proceed.

Speaker 8 I just wanted to point out, I think we did address that every of the, every comment that we received from the Dolan and Dean report, the Piscataway staff township staff report and the John Chadwick report, there's one thing on the Piscataway staff report about the two four inch fiber optic conduits with pull boxes, that's to be installed on the property frontage. I had a discussion with the consulting land use attorney for the town and seeing that LIA is only a tenant in the building, we've come to the agreement that a escrow can be established for when the entire site is required to install those conduits. And then at that time when those plans are submitted for the conduits, if that, that could be a note can be added to the plan, seeing that belia with this addition if approved will be 50%. They are paying a a substantial amount for that, but at this exact time the landlord is not in agreement. So we had come to the agreement of putting an escrow together for that LIA share of doing those conduits in the future.

Shawn Cahill (Chair) Okay. And that con conversation was with James Clarkin,

Speaker 8 Mr. Clarkin? Correct.

Shawn Cahill (Chair) Got it. Okay. Just wanted to put that on the record. Okay. That's your testimony and that's your case. I will open it to anyone on the board have any questions or about this application? Hearing none, I'm gonna open it to the public. Anyone on the public have any comments or questions about this application?

Speaker 1 No one chairman.

Shawn Cahill (Chair) Okay. Close the public portion. I'd make a motion to approve this application. Can I get a second? I'll second it. Please call the roll.

Speaker 1 Mr. Weisman? Yes. Mr. Tillery?

Shawn Cahill (Chair) Yes.

Speaker 1 Mr. Regio? Yes. Mr. Blo?

Shawn Cahill (Chair) Yes.

Speaker 1 Mr. Ley? Yes. And Chairman Cahill? Yes.

Shawn Cahill (Chair) Mr.

James Kinneally (Zoning Atty) Au. We will memorialize this at our next meeting.

Speaker 8 Thank you Mr. Ney. Thank you Mr. Cahill and members of the board. Hope you have a great night. You

Shawn Cahill (Chair) Too. Thank you everyone. Thank you. Let's move on to item number 9 26 ZB dash 32 slash 33 V. Sam Vincent.

Speaker 13 Hi. Good afternoon. Good evening Chairman. My name is Panko Mno. Know if you could see me? Yes we can. Okay, thank you. Good evening Mr. Chairman. Members of the board. My name's Poage Mno from the law firm of Wiley Lavender Mno. I'm appearing on behalf of the applicant property owner Sam Vin, concerning 1 38 Lev Gar Street Block 1102 lot 28 0 1. This is an application for bulk and use variance relief associated with the applicant's proposed proposal to construct a second story edition over the existing commercial building. By way of some background, this property has a long commercial industrial history. The existing industrial warehouse building was constructed in approximately 1964 at which time the property was zoned in the M1 zone. The property property was subsequently rezoned and is in presently located in the R 7.5 residential zone. Importantly, this is not a proposal to introduce a new commercial building or commercial use onto a re residential property. The building has existed there for more than 60 years. This is a pre-existing non-conforming industrial warehouse building. And the proposal we are seeking now is to simply add a second floor to that, to that existing building. The property sits on approximately 0.42 acres on Lev Gar Street. There's residential property to the right and left of the of the property. And then the rear is the M1 industrial zone with large lot back there.

Speaker 13 Once again the, we are seeking a D two variance for the use. We are also seeking a bulk variances. There's a 25 foot front yard setback, which is required. The existing building is approximately 19.8 feet with the entrance canopy of approximately 15.8 feet. The 25 yard, 20 foot foot rear yard setback is required, whereas the existing rear setback is approximately 19.8. The maximum building coverage is 20% with approximately 23 point 10%. Proposed the ordinance calculation clause for 20 parking spaces with 15 proposed. And with that we have presented a site plan prepared by manual of Scott Turner, our professional engineer. We've submitted any architectural plans prepared by Mark Marc, our Marcel architecture, and we have Justin Oce professional planner of ca phone consulting group to testify. We've received and reviewed the professional and staff reports from of the application including township planners John Chadwick's report, including Charlie Charles' report from Delaware R and Engineering Township staff Report and Fire Prevention Review. Along with the comments from the public works, the applicant's able and willing to comply with the majority of the recommendations. There's several few items we'd like to just clarify with the testimony presented. And then with that I'd like to call my first witness. Mr. Chairman, please

James Kinneally (Zoning Atty) Proceed.

Speaker 13 Sure. With that I'd like to call the applicant Sam Vin.

James Kinneally (Zoning Atty) Sam Vincent present?

Speaker 14 Yes, I'm here.

James Kinneally (Zoning Atty) I need to swear you in. Could you raise your right hand?

Speaker 14 Yes. Do you

James Kinneally (Zoning Atty) Swear? Do you swear the testimony you're about to give should be the truth?

Speaker 14 Yes.

James Kinneally (Zoning Atty) Your name and address please?

Speaker 14 My name is, first name is Sam, last name is Vinci. My home address is nine Wood Lake Court North Bunick 0 8 9 0 2.

James Kinneally (Zoning Atty) Thank you.

Speaker 14 You are welcome.

Speaker 13 Hi Mr. Ey, how long have you been the owner of the property? Located at 13 1 3 8 Love Gar Street.

Speaker 14 It has been three years now I believe.

Speaker 13 Okay. And what type of business do you operate from? The property

Speaker 14 Own a construction company as well as a plumbing company.

Speaker 13 Okay. Is there any other tenants or occupants other than you and your, those two businesses?

Speaker 14 No, just myself.

Speaker 13 Okay. And it's consistently been operated as a a commercial property?

Speaker 14 That's correct.

Speaker 13 And prior to purchasing, was it a commercial property from the prior owners?

Speaker 14 Yes.

Speaker 13 Alright. Can you just gimme a brief description of the building currently is?

Speaker 14 Sure. We have, it's only a one store building. We have a large warehouse and then we have when you first walk into the building, our offices that we have now. And that's it. And then we have parking on the side left, right and left and in the back as well.

Speaker 13 Okay. What are your hours of operation at this site?

Speaker 14 Nine to five.

Speaker 13 Monday through Friday?

Speaker 14 That's correct.

Speaker 13 Okay. Are you closed on the weekends?

Speaker 14 There's still the office people aren't here, but some of my workers come in and out like in the morning and on the on in the, when they get back from, from work.

Speaker 13 How many employees work at this site? Let's say, you know, Monday through Friday?

Speaker 14 So currently in my office I have 1, 2, 3, I have seven people in inside the office.

Speaker 13 And those seven people, they stay there from nine to five roughly, or

Speaker 14 That's, that's correct. Yep.

Speaker 13 And then the other employees, those are the individual, the plumbers and your con your, your workers who are out on the road?

Speaker 14 That is correct, yes.

Speaker 13 And approximately how many of those employees are there?

Speaker 14 Well, they don't stay here, they just come in the morning and then pick up the truck and then they leave.

Speaker 13 Okay. Do you know a number of how many those are?

Speaker 14 Yes, there's approximately eight.

Speaker 13 Okay. And now the employees that work, work there, the seven, I guess the office staff, do they each have their own cars and drive there?

Speaker 14 Yes, that's correct.

Speaker 13 Okay. And they park in the rear of the building?

Speaker 14 That is correct.

Speaker 13 Okay. And then the, the, your other drivers, the eight or so they do, they come and drive themselves there to the facility?

Speaker 14 Some of 'em do, some of 'em carpool and then they meet here.

Speaker 13 Okay. And then they go out to their respective jobs?

Speaker 14 That is correct. Okay.

Speaker 13 And then at the end of the day, do they come back to the, to the facility to unload or drop things off or touch base with administration?

Speaker 14 That is correct, yes. They come back.

Speaker 13 Okay. And are there any around five o'clock then everyone leaves, do they, are there any cars left there overnight?

Speaker 14 No, not their personal vehicles only the work vehicles.

Speaker 13 Approximately how many of the work vehicles are left over overnight?

Speaker 14 Lemme see. I got one tooth about about six.

Speaker 13 Okay. And those are all parked in the rear of the building? That

Speaker 14 That's correct. Well, on the sides of the building, you know. Okay. Behind. Yeah.

Speaker 13 Alright. Do you have any showroom for, I guess, retail customers or people from the public to come see any of the services or products you provide?

Speaker 14 I don't have a showroom for customers. I just have for my interior designer that she has everything here and then she brings it to customers houses.

Speaker 13 Okay. So you aren't selling any product or anything like a retail store from this location?

Speaker 14 No, we don't sell anything, no. Okay.

Speaker 13 Can you describe the type of vehicles that you have? The, the, the company vehicles that are parked there?

Speaker 14 Yeah, sure. We have Ford Maverick, we also have a couple transit vans, so it's a mixture of the Ford Mavericks as well as transit like two 50 to three 50.

Speaker 13 Okay. Do you store any materials or product outside?

Speaker 14 We get like deliveries and stuff so sometimes it'll be outside until, you know somebody brings 'em into the warehouse.

Speaker 13 But all the materials, the plumbing materials and supplies, those are stored inside the warehouse?

Speaker 14 That's correct, yes.

Speaker 13 Okay. So Sam, what's, can you just briefly describe to the board what is your purpose of this application or this, this, this project? Sure. And why you wanna do it?

Speaker 14 So right now the space that I have for my offices are kind of tight and everyone's kind of like on top of each other. So that's why we want to have a second story. So everybody kind of has their own space. 'cause right now it's kind of difficult to like have conversations with customers or vendors or you know, anyone that's calling the office when you're hearing somebody else sitting next to you on the phone as well. So kind of just to have it be more comfortable for the office staff.

Speaker 13 Are you planning to, is this, is this addition to the top two, will it increase the operation or will it just provide more space for the current operation?

Speaker 14 Provide more space.

Speaker 13 Okay. So there's, you don't foresee any intensity or increase in intensity of your current operations?

Speaker 14 No.

Speaker 13 Okay. Alright. I have no further direct questions for this witness, Mr. Chairman. No

Shawn Cahill (Chair) Problem. Jonathan, do you have anything to add?

Jonathan Rahi (Planner) Yes. Thank you. I note on the plans that you are proposing to relocate the dumpster, but I don't see a proposed location. How do you plan on handling waste, waste product or, or any other trash that's gonna be generated on site?

Speaker 14 Sure. Scott, do you have, did we put something on, on the plans for that? I thought we did. So perhaps

James Kinneally (Zoning Atty) We'll defer to the engineer for the answer to that

Speaker 14 Question. Yeah, I'm sorry. I apologize. That's okay. Chair.

Jonathan Rahi (Planner) Okay. In that case, I don't have any questions at this time.

Shawn Cahill (Chair) Okay. Any other members of the board

Speaker 10 Have any questions for the chairman? I have a couple and he mentioned that he has two businesses. He has the plumbing business and he has a development business. And I discussed this fact with Mr. Ey, I don't know, a couple weeks ago, a month ago, whatever it was. If the board approves this, I think you ought to stipulate that that's the sum total of business activity at the site. And Mr. Vincent, you agree with that? Yes. Okay. On the other, on the other issue, it's the, we discussed the removal pavement in the front yard where it isn't parking and isn't driveway space. And you agreed to that? Yes. Okay. That's the only questions I have.

Shawn Cahill (Chair) Thank John, this point I think you can move on Penate. Okay.

Speaker 13 Thank you Mr. Chairman. I'll call my next witness. Mr. Scott Turner of Menlo Engineering.

James Kinneally (Zoning Atty) Turner, are you present, Mr.

Speaker 16 Yes. There you go. Thank you.

James Kinneally (Zoning Atty) Could you raise your right hand? Do you swear the testimony you're about to give should be the truth?

Speaker 16 Yes, I do. Thank

James Kinneally (Zoning Atty) You. Your name and address please?

Speaker 16 My name is Scott Turner, T-U-R-N-E-R, Menlo Engineering Associates, 2 61 Cleveland Avenue, Highland Park, New Jersey 0 8 9 0 4. I

James Kinneally (Zoning Atty) Believe that Mr. Turner has been accepted as a professional engineer before this board previously.

Shawn Cahill (Chair) Thank you Mr. Kinneally. Please proceed.

Speaker 16 Thank you.

Speaker 13 Evening. Mr. Turner, you've been hired as an engineer for this project, correct?

Speaker 16 Yes, I have.

Speaker 13 And you had a chance to review the project, review the municipal professional's reports as well?

Speaker 16 Yes.

Speaker 13 And were you able to prepare and submit a site plan for this project?

Speaker 16 Yes, we did.

Speaker 13 And could you just orientate the board to the property, the existing conditions and the principal improvements proposed?

Speaker 16 Sure, I can. Mr. Chairman, would it be okay for me to share an exhibit?

Shawn Cahill (Chair) Please do.

Speaker 16 Okay. I put on the screen an exhibit that was prepared by my office entitled Vin Contracting site Plan. Exhibit dated September 24th, 2026. I'm hoping everyone can see that. I can

James Kinneally (Zoning Atty) See it. Was this part of the submittal package?

Speaker 16 No, it was not. So it should be marked in as an exhibit.

James Kinneally (Zoning Atty) Okay. This is a one with today's date.

Speaker 16 Thank you. So very quickly, I'll just run through some, some, some quick items here. So what the property is it? Block 1102 lot 28.01. It does contain 0.42 acres. It is sort of rendered in the center of this exhibit. North on this particular exhibit is pointing directly to the right Lev. Gar Street is at the bottom of the sheet running parallel with the bottom and South Avenue is running towards the right hand side of the sheet, sort of in an east west direction. The property itself does, I'm gonna zoom in a little bit so you can see it better. The property does have 125 feet of frontage along Lev Gar Street with an average depth. It varies on either side, but we will average it to about 145 feet. And it does lie within a flood hazard area that's as shown on the FEMA flood maps.

Speaker 16 A a vast majority of this area here does lie within that floodplain. The property is in the R 7.5 zoning district and the existing commercial building does require, as pointed out a use variance for an expansion of a preexisting non-conforming use. The surrounding areas of the neighborhood are primarily residential along Lev Gar Street, and then there's a larger commercial and industrial property at the back that primarily has frontage, I believe on Howard Street is really you, how you get into that property. I think it's known as Cornerstone Industrial or you may know it as Cornerstone industrial as well. Lagar Street was very recently paved and it was also improved with curbs, sidewalks and concrete driveway aprons along the entirety of of the street. The site does contain one, a one story, 4,000 square foot commercial. And I'll zoom in again for you. Commercial building that is owned and operated by Vinci Contracting.

Speaker 16 There is an existing paved parking lot that's outlined here on the exhibit in gray. Everything you see in gray here is basically as it sits and exists today for the most part. And it does surround the building on three sides. There's two access points off of l Gar Street and the, the building itself has a small shed in the rear of the property that will be removed as part of this application. I don't believe there's a lot of definitive striping out on site currently, or if it is there, it it's sort of worn down in the existing condition. The applicant here tonight is seeking your approval for preliminary and final major site plan to renovate the building, add a small covered entry vestibule in the front and a a second story to provide as pointed out office space on the second floor, which would open the first floor to be used for storage and a shop area in support of the plumbing business.

Speaker 16 There's no expansion to the building itself. It will be built on the existing footprint o other than the construction, like I mentioned of the 44 square foot front vestibule area. And then we also highlight in this dashed line immediately in front of that vestibule, a 32 square foot overhead canopy. And, and that could be further described by the architect, but that, that's really the only additions to the, the, the building proper. The building itself will be 30.2 feet high with the second story addition and that's to the peak. The first floor footprint will be 4,076 square feet and that is with the vestibule and the overhead canopy. The front vestibule will be set back 19.8 feet from the right of way line of L Gar Street. The building itself is set back 24.1 feet at its closest point from L Gar Street. The second floor will have a footprint area of 4,000 square feet, which is the, the, the dimensions in the footprint area of the existing building.

Speaker 16 There are two existing overhead doors, which will remain and be incorporated into the improvements, one of which being in the front right corner of the building immediately in front of the new a DA parking space. And then there is also one on the right hand side of the building about midpoint up the side wall, which will be also part of the new improvement and remain as part of the, the building itself. Mr. Vinci does use those for deliveries. I did ask particularly if he drives door, any, any cars inside that building and the, he claimed that they do not. So it's just there for deliveries to be made and brought in by hand into the building itself. The existing pavement around the building will remain, it will be milled and resurfaced and striped as you see here. All the striping or the white lines work here that you see on this exhibit are, is striping.

Speaker 16 So we're, we're going to define parking spaces and a, an access driveway that's gonna function in a counter clockwise direction around the building. So the entrance into the building will be on the right hand side of this exhibit and the exit will be on the left hand side. We're proposing 180 a parking space and one regular parking space in the front within the existing paved area. And then additional parking around the two sides of the building. So there'll be a total of 15 parking spaces on the property. And the, the, the, the, the, the existing pavement area is proposed at this point to remain other than we did agree to as Mr. Chadwick pointed out, to remove some existing paved area along the frontage of the property. And that will equate to approximately 250 square feet of additional pavement reduction on the property, which would bring the overall impervious coverage down by 434 square feet, which is the 250 square feet that we will remove.

Speaker 16 And then the 184 square feet that we had proposed to be removed as indicated on the plan, the perimeter fencing around the property will remain. It's, it's, it's currently there. It will be repaired obviously as it is needed. Some of it may need to be replaced. Mr. Vinci did agree to make sure that the fencing was in, in good condition. We also are proposing two 15 foot wide slide gates at the entrance points for security. The property is not considered a major development project in terms of stormwater. It does not disturb one acre and does not create a quarter acre or more of regulated impervious surface. We're not changing any drainage patterns and like I had mentioned, we are reducing the overall impervious coverage by 434 square feet. All other utilities are on site and will remain at the property and will be upgraded if necessary with the additional second floor.

Speaker 16 We are proposing to light the site with wall-mounted LED fixtures that are mounted at 17 foot high. The lighting's been designed to comply with the municipal code requirements. Has an average foot candle of 1.0 foot candles in the pavement. And we are showing no dis or spillage or lights spillage off property. The lights will be on a timer and they'll be on only during hours of operation other than what would be required particularly for security. We're also proposing some landscape improvements along the frontage. We're providing 11 new evergreen trees and 11 box wood shrubs. And as indicated on our plan, we, the applicant will also contribute to the TRA township tree fund in lieu of the six shade tree plantings that are required. Combination of what's required along Le Guard Street and the parking lot, tree plantings and, and that will be addressed by way of the tree fund contribution.

Speaker 16 The only signage proposed on the, on the project is a new facade sign, which will be shown on the architect's rendering. There are no ground mount mounted or monument signs proposed on the application. And as I indicated earlier, we are in the R 7.5 zoning district. We do require the use variance for the expansion of the pre-existing non-conforming use. We do have a number of vault variances as well, which were outlined in a report by the, the supervisor planning Ms. Corcoran. And I'm gonna just read, write from her report that's dated July 15th, 2026, revised through August 6th, 2026. We mentioned the non permitted use, the front yard setback requirement of 25 feet. It's 19.8 feet to the, to the new building vestibule area and 15.8 feet. If you take it from the front entrance overhead canopy, we have an existing rear yard setback of 19.8 feet, where 25 feet is required, a maximum building coverage of 20%, which is permitted and are, the proposed building coverage is 23.1%.

Speaker 16 Again, that is taking both the canopy and the front entrance canopy into consideration. If you take the canopy, the overhead canopy out and just include the, the front, the, the front vestibule area, that that percentage would go down to 22.0 feet. Just for your information, we, she's also outlined no fiber optic is proposed on the, on the site plans. The applicant has agreed to install them as part of this application if necessary. I do, however, have a question as part of the municipal roadway project, whether or not they were installed up and down Le Gar Street. I think that would be something we'd like to find out. In any event, we're not seeking relief if they're not there, we will agree to install the fiber optics as required. I'm, I'm assuming the town would like them installed on this particular corridor and required for parking, 20 spaces are required. We park only the second floor. We parked it as an office space. We did not park the first floor because that's really just a shop area and an open warehouse. So we parked the second floor, which would require 20 parking spaces. We're providing 15. And last but not least, certainly would be the, we're not permitted to have a commercial sign in a residential zone, and the proposal is to have one facade sign at 40 square feet in area.

Speaker 16 I think that's my direct testimony. We do have staff reports as, as previously indicated. We do have a report from that we, we got today from the Division of Engineering Planning and Development. We did review that, that stated September 23rd, 2026. I, I don't take any issue with anything here that would need to be addressed. We acknowledge acknowledgeable comments. The only items that I would like to just get on record is on the second page, there's three items, seven, eight, and nine. First one is just a statement about the accessible parking bumper block and sign that blocks the overhead door in the front of the building. We acknowledge that, and the applicant has, has indicated to me that that does not cause him any problems because he walks in the deliveries into the building and you can use that overhead door or the side overhead door. The item eight is about an updated parking calculation being provided to determine the number of spaces required.

Speaker 16 I believe that's already on the plans as he had indicated 20 spaces would be required and were providing 15. And then there was a comment about a buffer being provided to the adjacent residential uses. So the existing pavement that's there. Now, our proposal is to have that remain. We have very limited space when we park the, the areas around the side of the building, we are providing and maintaining the existing fence as a buffer. And there, there's, as indicated, there's, there's very little activity on this property other than the, you know, in the morning when the employees are coming into work or in the evening when they're, when they're coming back to the shop and then leaving the site. And it's 9:00 AM to 5:00 PM So the disturbance is, you know, to the existing neighbors in my opinion is I is not terrible. It's an existing building that's been there for, for a very long time and it's been a commercial use. And Mr. Da Vinci's been here as he indicated for at least, you know, three years. So we are looking to maintain what's there on site now and just kind of providing some uniformity in the, in the parking lot itself.

Speaker 16 We also have a letter from Ms. Carley, DNR, Delaware Railroad Engineering. It's dated September 8th, 2026. It's a very technical review letter. I won't go into any of the particular items other than the idea that we acknowledge them and that we agree that we're gonna comply. We acknowledge the fact that we are within a flood hazard area and that there are some calculations and estimates that need to be prepared. And then there is a flood permit that may need to be provided, which we would certainly agree to, to, to obtain as part of a resolution compliance package should the board act favorably on the application. We also have a report from Mr. Chadwick dated August 24th. I believe we've addressed or answered some of the comments. Mr. Chadwick, if you have anything else that I didn't cover or you didn't ask, we can certainly go through them, but we did agree to do the reduction in the pavement.

Speaker 16 We've identified the, you know, sort of the uses on the property and the businesses. So I don't believe we also address the exterior lighting. The architect will address the color of the building. So I, I don't have anything in particular in response to Mr. Chadwick's report other than we're gonna agree to comply. We have a letter from fire prevention, which is an approval letter dated, this letter is dated August 24th, 2026. And then lastly, we have a letter from Public Works just requesting a clean out behind the sidewalk. We agree to do that if, if it's necessary, if there's not, and it's an existing, there's obviously an existing lateral there to service the existing building. And I'm, I'm sure we can get a clean out on that existing service lateral. The intention is not to bring any new services into the building, however, and that, that's all I, I have, Mr. Chairman.

Shawn Cahill (Chair) Thank you. Jonathan, could you remove the screen, Mr. Turner?

Speaker 16 Sure.

Shawn Cahill (Chair) Thanks Jonathan. You had a question about a dumpster, I believe.

Speaker 16 Oh, right, yes, good question. I'm sorry about that. I'm gonna share again. I completely forgot.

Shawn Cahill (Chair) No problem.

Speaker 16 So what we show here, there is an existing dumpster on property. We are proposing to have that dumpster relocated in this, what I'll call the, the front right corner of the building on the side of the building behind the existing front chain link fencing. There's an area there that's adequate. It's a four yard dumpster and that's where we plan on putting it hidden from you.

Shawn Cahill (Chair) Okay,

Jonathan Rahi (Planner) Thank you. I had some additional questions, if that's all right, chairman.

Shawn Cahill (Chair) Yes, please proceed.

Jonathan Rahi (Planner) So you referenced the staff report items seven through nine. You discussed seven appropriately for item eight, the updated parking calculation. We, we would really appreciate, we, we really need actually for the ground story to be calculated and have that be represented in the, the parking table. So I, I don't know how you would approach it. I know we have a line in our code for combination of uses as reference, but that needs to, that needs to be addressed. I could also say that the Lev Guard street improvements do not include fiber optic conduit. That's gonna be the responsibility of the applicant. Okay. And, and other comment I had was, oh, buffering. So I do understand three feet between the parking and the property line. It, it's a very constrained area, but we do have the residential properties in close proximity. Has there been any consideration for upgrading the fencing, something that's not as open as chain link fence?

Speaker 16 Sure. I'm gonna ask Mr. Vinci to also chime in here as I don't wanna commit to anything that he does not want to commit to, but I believe Sam, you and I did talk about this. Are you comfortable with us removing the existing fencing that's there and putting up something like a six foot high solid board on board fence?

Shawn Cahill (Chair) Yeah, I had no problem doing that.

Speaker 16 Okay, great.

Jonathan Rahi (Planner) Great. Thank you. Okay, those are all my comments, chairman.

Shawn Cahill (Chair) Thank you Jonathan.

Speaker 16 Mr. Chairman, if I could just ask, the, the concern I have with the parking is that is, it is a variance. So will the board be able to act on the application tonight if they don't know exactly what the variance condition is? This, I believe the way we parked it was under the direction of, of the, the, the planning department because we did make a revision to this application prior to coming to you in front of the board. And I, I thought, and I could be mistaken, but I thought the direction was to just park the second floor. But, and certainly fine, we can do something with the second floor. There'll be no employees down there necessarily, all the office spaces up on the second floor. But I'm just trying to figure out how do we move forward in terms of, you know, a a, you know, a vote on the application when we don't know the extent of the parking variance.

Shawn Cahill (Chair) Mr. Kinneally,

James Kinneally (Zoning Atty) Jonathan does the, the township ordinances contain a parking requirement for warehouse

Jonathan Rahi (Planner) Warehousing is one space for every 2000 square feet. So the footprint is about 4,000 square feet.

Speaker 10 4,000?

Jonathan Rahi (Planner) Yeah, it'd be two, two parking spaces, additional

Speaker 16 Two spaces. So we would need two spaces additional, so we would need 22 as opposed to 20.

James Kinneally (Zoning Atty) So we, we have the information necessary so the board could move forward if it is comfortable with the application.

Speaker 16 Perfect. Thank you. I appreciate that. Okay.

Speaker 10 And the employees was, there was no change in the employee base, correct? That that is correct. Seven office personnel,

Shawn Cahill (Chair) Mr. Vincent? That

Speaker 14 Is correct, yes.

James Kinneally (Zoning Atty) Mr. Vinci is what time do your contracting and plumbing employees report to the site to pick up their vehicles?

Speaker 14 They come at 8:00 AM.

Shawn Cahill (Chair) Okay.

Jonathan Rahi (Planner) One other question for Mr. Vinci. Is there, is there any fabrication that happens on site or contemplating adding that with this expanded use?

Speaker 14 No, no fabrication.

Jonathan Rahi (Planner) Okay. Thank you. Alright,

Speaker 10 I just have one other comment. Yeah. The plan will require some revisions as part of the revisions. That portion of the blacktop that's gonna be removed should be landscaped.

Speaker 16 We, we can agree to do that. Mr. Chadwick?

Speaker 10 Yep. Okay.

Shawn Cahill (Chair) Thank you. Have another?

Speaker 13 Yes. Thank you Mr. Chairman. Thank you Mr. Turner. Thank you.

Speaker 10 Thank

Speaker 13 You. Mr. I'd like to call a next witness, the architect for the project. Mark Marc, who had submitted architectural plans for this, for this application.

James Kinneally (Zoning Atty) Mr. Marc, are you present?

Speaker 14 Yes.

James Kinneally (Zoning Atty) Could you raise your right hand? Do you swear that the testimony you're about to give should be the truth?

Speaker 17 Yes, I do.

James Kinneally (Zoning Atty) Your name and address please?

Speaker 17 Mark Marcel 5 0 5 Main Street, New Jersey.

James Kinneally (Zoning Atty) Thank you.

Speaker 10 Thank you.

Speaker 13 Hi. Good, Mr. Marc. Good

Speaker 17 Evening.

Speaker 13 You were hired as the architect for this project?

Speaker 17 That's correct, yes.

Speaker 13 And did you review the site, meet with the applicant, Mr. Mc and prepare

James Kinneally (Zoning Atty) Mr. Mcno, could you com have him give us his qualifications?

Speaker 13 Oh, my apologies. Mr. Marc, could you provide your qualifications to the board?

Speaker 17 Yes, I've received my Bachelors of architecture from New Jersey Institute of Technology in the year two, 2000. I've been a practicing architect in New Jersey since 2004. I've testified before this board before and numerous other boards. Thank you Mr. Marcel. Please proceed. Thank

Speaker 13 Mr. Marc, can you briefly describe the existing building and the proposed architectural work you've done for this?

Speaker 17 Yes. Is it okay if I share my screen to show the presentation board? Sure, please. So the existing building is, as was mentioned, one story, 4,000 square feet is about 3000 square feet of storage space and about a thousand square feet of office space. They're sort of crammed in there. The, the proposal is to build a a 4,000 square foot second floor containing, you know, private offices so they can spread out a little bit necessary bathroom space, a printer room, an archive room for files, a conference room space. I believe they do their team meetings on Wednesdays. And the showroom really is just for material storage for the interior design team to be able to, you know, select from finished materials and take them to client's homes where they meet with them. In terms of the second floor edition, we wanted to sort of break up the, the volume of, of what would've been a sort of a boring rectangle with a vertical entrance element.

Speaker 17 The vertical entrance doesn't add square footage to the building. It simply provides a covered entrance with a, with a little roof canopy, sort of a two story entrance space. And then we also added some, some horizontal lines just to sort of break up the facade, including several different textures, some, some wood textures to warm it up, some, some brick and masonry sort of grounded and rooted to the, to the, to the site. You know, some hardy board clapboard and some stucco materials we're showing a representation of what, of what we discussed the fence to be like a, you know, a, a board on Batten horizontal fence, sort of a mid-century modern design. And we're also showing the building sign at 10 by four, which would be mounted to the front of the building over the a DA parking space, you know, over that existing overhead door.

Speaker 10 Are there any lights on that sign?

Speaker 17 There is lighting on the side of the building, which was designed by Mr. Turner. I am showing them here. There's, you know, emergency lights and then these sort of down facing lights

Speaker 13 Is the sign lit?

Speaker 17 There's just lights mounted to the side of the building that direct light downward. So

Speaker 18 There's no lighting of the sign itself?

Speaker 17 Oh, the sign itself? No, I'm sorry. I'm sorry I misheard you. Yeah, we don't have any proposed lighting for the sign though. No, we don't need to light it up at night.

Speaker 18 Okay.

Speaker 13 I have no further questions for this witness, Mr. Chairman.

Shawn Cahill (Chair) Okay. Please unshare your screen. Jonathan, you just say anything. We're okay.

Speaker 18 No questions at this time. Thank you.

Shawn Cahill (Chair) Got it. Okay. Any other members of the board? Is that your last witness? Panke?

Speaker 13 I have one wi other witness, your Honor. Chairman, it's the, our planner. Justin a Celio

Shawn Cahill (Chair) Who is Sure, please proceed.

James Kinneally (Zoning Atty) Mr. Cielo present?

Speaker 18 Yes. Good evening.

James Kinneally (Zoning Atty) Do you swear the testimony you're about to give should be the truth?

Speaker 18 Yes, I do.

James Kinneally (Zoning Atty) Your name and address please.

Speaker 18 Can you hear me? Yeah. Your

James Kinneally (Zoning Atty) Name and address

Speaker 18 Please? Yes, sure. It's Justin Cielo. Sorry, I'm having an issue with my screen. Just one second, I'm sorry.

Shawn Cahill (Chair) Take your time.

Speaker 18 Okay. Okay, I'm back. So that's A-U-C-I-E-L-L-O and the address is 52 Reckless Place Red Bank, New Jersey 0 7 7 0 1.

James Kinneally (Zoning Atty) Thank you.

Speaker 13 All right, Mr. Cielo, can you just provide the board your background and credentials?

Speaker 18 Yes, absolutely. Som a license planner in the state of New Jersey. I've been licensed since 2008. I have a master's in city regional planning from Rutgers. I've appeared in front of this board and your planning board on numerous occasions. I've also been qualified as a planner.

Shawn Cahill (Chair) Ms. Ello, you you're, you're good to go. Thank you.

Speaker 18 Thank you.

Speaker 13 Ms have you had a chance to review this site in anticipation of this application?

Speaker 18 Yes, I have. I've reviewed the plans, I've reviewed the zoning ordinance, the master plan, and also the, the context of the site as well.

Speaker 13 Okay, great. Could you provide to the board your testimony as to the variances being sought and the requirements under the MLUL?

Speaker 18 Yes, absolutely. So, so as we stated by Mr. Turner, we're here this evening and we're here in front of the zoning board because we require a D two variance for the expansion of a lawful, preexisting nonconforming use. What what that means as the board, but for the benefit of the public, this is a, a use that, that is currently on the site. It's been here since 1964. The zoning had had previously permitted this use given the, the zoning chains of residential. The use is, is no longer permitted. We also require some, some bulk variances as, as Mr. Turner had had listed as well in terms of the, the C two variance or the, excuse me, D two variance that's processed under the Burbridge case. And under that case, given that this is a use that is existing on the site today, it's different than a D one use variance, which is a a use which has has, you know, not existed and it's used that is, you know, not permitted on the zone.

Speaker 18 Special reasons under a D two are established when the expansion improves the appearance and compatibility of a lawful non-conforming use and allows greater control or, or better control of the operation. And those benefits weighed against the extent of the expansion. As you heard from Mr. Turner and the architect. This is a relatively modest expansion. It's vertical, there's no expansion, you know, outward to any of the residences on the sides as you heard again from the other witnesses. I, you know, think the, the rendering from the architect really speaks for itself. I, I think it's, you know, certainly good civic design and, and also as, as Mr. Turner had provided through his testimony, a variety of, of site improvements, which makes it, you know, better control, better access, you know, better parking situation as well. And certainly with the addition of the, of the landscaping and the removal of a portion of the, the asphalt area for a a lawn area, certainly I think from, from a planning standpoint, it's, you know, more compatible with the, the surroundings.

Speaker 18 Certainly there are multiple purposes of zoning that I think are, would be fulfilled through this application. Certainly purpose a, this is a much improved site as opposed to what's currently on the site. It's, it makes it a safer use, you know, better control of, of access, better regulation overall. I think importantly as well in of general welfare, the reduction of the, of the coverage I, I think is important as well. Certainly purpose, I, you know, the visual environment is, is gonna be enhanced. You can see that from the architectural plans. Could also see that from the, the landscaping improvements, you know, as well. And purpose m certainly I I think what's proposed makes it, you know, more efficient. I, I think the site is gonna function better. It's gonna function better, not just for the applicant but for the surrounding area. And you know, as well, in terms of the negative criteria, I certainly don't see much in the way of any, you know, detriment, let alone any detriment that would rise to the level of being substantial.

Speaker 18 Again, this is within the footprint of the site, you know, vertical, you know, it's gonna go up in height. But I think in, in, in importantly as well, there is no, you know, height variance. So this is gonna be to the height under what's permitted in the zone as you heard from the applicant. There are, are our two operations on the site not gonna be expanded beyond that. He doesn't expect the increase in any staffing as you heard from the applicant as well. This is, this is intended to just create a more, you know, orderly a condition for his staff so it's not overcrowded and they're gonna have more space to conduct their business. In addition, I don't see any negative impact to the zone plan or the zoning ordinance. This, this use has been on the site or this building has, has has, you know, been here since, since the sixties.

Speaker 18 It's a, it's a lawful, preexisting use. This does adjoin the, the, the M1 zone. I, I think it's a good transition between that M1 zone and the, the current zoning on the site as well. And I, I think importantly, when you're looking at the impact to, to the, the R 75 zone, I don't see this in, in any way creating situation which would, would fracture the intent of that zone as well. So I think, I think all in all, as you heard from the applicant and the other witnesses and me in terms of the proofs, I certainly, you know, think that there are a variety of of benefits here. I think, you know, the benefits, you know, certainly do outweigh the detriments and if the board does find any detriments, the statutory requirement is that those detriments must rise the level of being substantial and I certainly don't see that here with this application.

Shawn Cahill (Chair) Okay, that's great. Any other que anyone have any questions? Mr. Jonathan?

Speaker 13 Sorry, chairman. Mr. Cielo, I just wanted to hit, did briefly touch on the bulk variances and the requirements for those. I know we had touched on the use.

Speaker 18 Sure. So, so Mr. Turner, you know, he did list them, you know, for the record, we have a variance for the, the front yard setback, the rear yard setback, the, the building coverage, the parking and the signage. I think, I think Mr. Turner, you know, did provide a, a proper foundation for that. In terms of the proofs, I would say that they, they can certainly be processed under the, the C two criteria. I, I think the benefits of of, of granting these variances in terms of what I see as, as relatively modest improvements to the site to make it more functional for the bi, for the, the business on the site. And then also, you know, these improvements certainly don't rise to level of any negative impact. You know, certainly in, in terms of the impact of the neighbors, the applicant, you know, has agreed to provide defense, which, you know, certainly will, will provide for, you know, proper mitigation. So I think, you know, these variances can, can really fall under those same arguments of the, of the D two and, and, and certainly, you know, these benefits, you know, do outweigh as well.

Shawn Cahill (Chair) Thank you. Thank you

Speaker 13 Mr. Chairman. I have no further questions.

Shawn Cahill (Chair) Perfect. Jonathan, Mr. Chadwick, any questions? Prob I

Speaker 10 I basically agree with the planner's testimony and I think the important thing is there's no horizontal expansion so they're not getting closer to any of the residents.

Shawn Cahill (Chair) Got it. They're going up,

Speaker 10 Right and, and they abide by the height limitations, but I think the last comment in terms of a brand new fence surrounding the property is a big positive impact.

Shawn Cahill (Chair) Good. Thank you John. Jonathan, anything to add? No, thank you. This point. Any other member of the board of any questions for this application? Hearing none, I'm gonna open it to the public. Anyone on the public portion have any comments or questions about this application?

Speaker 1 It could be heard by raising your hand. No. And chairman.

Shawn Cahill (Chair) Okay. Close the public portion. Make a motion to approve this application. Can I get a second? I'll second it. Call the roll.

Speaker 1 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Regio? Yes. Mr. Blo? Yes. Mr. Ali? Yes. And Chairman Cahill?

Shawn Cahill (Chair) Yes.

James Kinneally (Zoning Atty) Your application's been approved. We'll memorialize it at our next meeting and send you a copy of that resolution.

Speaker 19 Thank you. Thank you Mr. Everybody appreciate it. Thank you.

Shawn Cahill (Chair) Have a good night guys. Good night. I item number 1126 dash ZB dash 45 slash 50 V 2 25 Old New Brunswick Road LC.

James Kinneally (Zoning Atty) We have Mr. Fr

Speaker 20 I'm here. Good evening Mr. Chairman, members of the board, Peter Lanford appearing on behalf of the applicant. This is an application this evening for a parking variance. We're not proposing any new construction, any new development on the site. By way of background, we were here twice in the early 2020s to seek approval for a self self-storage facility and a data center. And all of the buildings on the site have been constructed. All of the improvements based on those approvals have been made. We are seeking to convert or not convert, but to use the second floor and the third floor of the building that contains the data center, one for a dental laboratory and the third floor for general office. I will, I have four witnesses. I'll try to be very brief because it is not a complicated application and also because I, in reviewing your staff reports, Mr. Chadwick supports the application and also your traffic consultant supports the application. I will first call Mr. Steyers.

James Kinneally (Zoning Atty) Steyers, are you present?

Speaker 19 Yes, I am.

James Kinneally (Zoning Atty) Could you raise your right hand? Do you swear the testimony you're about to give should be the truth?

Speaker 19 Yes, I do.

James Kinneally (Zoning Atty) Your name and address please?

Speaker 19 Craig Steyers, 43 West High Street, Somerville.

James Kinneally (Zoning Atty) Thank you.

Speaker 20 Mr. Steyers, you're a licensed engineer in the state of New Jersey?

Speaker 19 Yes I am.

Speaker 20 And you actually testified in the previous two applications and were call qualified at that time?

James Kinneally (Zoning Atty) That's correct. Mr. Steyers has appeared before the board on numerous occasions.

Shawn Cahill (Chair) Thank you. You, Steve.

Speaker 20 Mr. Steyers, can you share the existing conditions planned to the board so we can just review what's on the property?

Speaker 19 Can you see that?

James Kinneally (Zoning Atty) Yeah.

Speaker 19 Okay.

James Kinneally (Zoning Atty) There. It's, now we do, go ahead

Shawn Cahill (Chair) Mr. Steyers.

Speaker 19 As you can see, as Peter mentioned, this is the original building which on the first floor has the data center. The previous application was the construction of the two buildings shown, which are both storage buildings at the time, the second and third floor of the existing building was also approved for storage. And the application tonight is, as Peter said, is to convert the second floor to a dental lab and the third floor to office space. Also, as discussed, there's no changes to the site for this application and everything was constructed in accordance with the previous approvals and all the sign-offs were received upon completion of con deconstruction.

Speaker 20 And, and the site contains 141 parking spaces of Mr. Steyers.

Shawn Cahill (Chair) Mr. Steyers,

Speaker 19 I'm sorry. Yes.

Speaker 20 Okay, thank you. I have no further questions of Mr. Steyers. Any

Shawn Cahill (Chair) Other member of the board of any question?

James Kinneally (Zoning Atty) We're just talking about a parking variance here. Perhaps you can get into the parking testimony and if you

Shawn Cahill (Chair) Have Yeah, Mr. Free, if we could actually just expedite this and get to the parking aspects. It, it would be in the best interest and the FIC efficiency of this board.

Speaker 20 Okay. I will then call Mr. Troutman.

Speaker 21 Good evening.

James Kinneally (Zoning Atty) Good evening. Could you raise your right hand? Do you swear the testimony you're about to give should be the truth?

Speaker 21 Yes, I do.

James Kinneally (Zoning Atty) Your name and address please?

Speaker 21 Jay Troutman McDonough and Ray Associates, 1 0 5 Elm Street, Westfield, New Jersey.

James Kinneally (Zoning Atty) I believe Mr. Troutman has been accepted by this board as a traffic engineer on previous occasions.

Shawn Cahill (Chair) Thank you. Mr. Kinneally. Please proceed Ms. Spelling for

Speaker 20 Thank you. And Mr. Troutman, you were also the traffic engineer on the previous applications that Mr. Steyers testified, correct?

Speaker 21 Correct.

Speaker 20 Okay. Can you indicate to the board why we are here this evening and can you provide the justification for the parking variance that we are seeking?

Speaker 21 Yes. What, what we did is we looked at the existing 141 parking spaces and the two existing tenants that are there now, the data center and the self storage, on no occasion were there more than 15 total cars parked on the site between the two uses. So we assigned 15 as the, the requirement for those two existing users with 141 spaces. You have on the order of 120 plus spaces left for the two floors of the, the two vacant floors of the building, that would leave you with 60 to 65 spaces for each floor. In addition, the dental lab tenant operationally needs about 25 for their employees, so they're probably gonna be under as well. So we concluded that there's more than adequate available parking for the uses that are proposed. Our, our report came up with a total future demand, potentially of 105. I believe your traffic engineer came up with 91 as the total future demand. So in any case, plenty of parking.

Speaker 20 Okay. And for the dental lab, you spoke to the prospective tenant and who actually has a lab in Piscataway at the present time?

Speaker 21 Yes.

Speaker 20 And his parking demand is 25, correct?

Speaker 21 25 at the max? Yes.

Speaker 20 Okay. So in your opinion there is sufficient parking both for the dental lab and also for the general office on the third floor of that building?

Speaker 21 Yes.

Speaker 20 Thank you. I have no further questions.

Shawn Cahill (Chair) Any other members of the board have any questions or comments for Senator Hartman? No. Okay. Can you take the screen off? Thank you, sir.

Speaker 20 I need to present planning testimony, which will also also be brief and my planner is Mr. Cielo who was just qualified in the previous application. Mr.

James Kinneally (Zoning Atty) Cielo, can you raise your right hand? Do you swear the testimony you're about to give should be the truth?

Speaker 18 Yes, I do.

James Kinneally (Zoning Atty) Your name and address please?

Speaker 18 Justin. RCO 52 Reckless Place, Redbank, New Jersey 0 7 7 0 1.

James Kinneally (Zoning Atty) Have your qualifications changed in the last 15 minutes?

Speaker 18 Let me check. No, I don't think so. Yeah. Okay. Let's,

Shawn Cahill (Chair) Let's make brief the key word in this testimony, please appreciate it.

Speaker 20 Justin, you've heard the testimony of, of Mr. Troutman and you've also visited the site, correct?

Speaker 18 Yes, I have.

Speaker 20 Okay. And do you have a opinion as to whether this board can grant the parking variance that is being requested and provide the reason why?

Speaker 18 Yes, absolutely. I think, you know, our traffic engineer, you know, really laid it out. This site can accommodate the additional parking. There's plenty of parking that's available on the site to accommodate the proposed usage of the site. Certainly on the positive criteria, this application advances criteria A, you know, general welfare, you know, swapping out to have a, a different user that goes to, you know, the, the, you know, the proper functioning of the business community in, in the township purpose. H you know, free flow of traffic and, and circulation, you know, more sufficient parking and proper circulation. In terms of the negative criteria, really no detriment here. That's, that's, that's, you know, going to, you know, flow, you know, flow from this application, plenty of parking and, and certainly no negative impairment to the, the zone plan and the zoning ordinance as well.

Speaker 20 Thank you. No further questions?

Shawn Cahill (Chair) Great, thank you guys. Any other members board have any questions or comments?

Speaker 10 I have two. Go ahead, John. One is, you previously granted the variance for the self storage, which is being repurposed for the lab use and the office, I think you should condition an approval if you approve the application of elimination of that variance. It no longer could be converted back if they wanted to, they'd have to come back and see. And the other one is, there was no comment in terms of EV requirement on this site.

Speaker 20 We will, two things, John. We will comply with the EV requirements as they exist today. So if any of the parking spaces have to be redesigned for ev, ve, ev, ev charging stations, we will do so. The only other question I have, John, is your comment about an affordable housing fee. There are no site improvements and normally affordable housing fees are based on improvements to the property. So I don't know how we can Well,

Speaker 10 The first, the second floor is going to be totally got in and done, whatev done. And those improvements are under affordable housing fees.

Speaker 20 Okay.

Speaker 10 The office floor is spec at this point, so I don't know how you deal, deal with that, with the administrators of the fee.

Speaker 20 My my guess is if once we go in for permits to construct on the third floor, we would pay the fee as to the third floor. Would that make sense?

Speaker 10 It does.

Speaker 20 Okay. I have no problem with

Speaker 10 That. I I don't get involved with that, the township, so I don't know what their process is.

Speaker 20 Okay. I'll, I'll work that out with the township.

James Kinneally (Zoning Atty) Mr. Lanford, what's your position with regard to abandonment of the self storage variance

Speaker 20 As to the self storage on that building? We have no problem. Okay.

Speaker 10 That's

Speaker 20 What I obviously the other two buildings still have self storage, so comment,

Speaker 10 We don't comment was only to these two floors.

Speaker 20 Okay.

Shawn Cahill (Chair) Thank you John.

Speaker 10 You are welcome.

Shawn Cahill (Chair) Mr. Ret, I think we're gonna vote on this thing right now. Any, did you open it to the public? I am. Any member of the public. Open it to the public law. Anyone have any questions or comments on this application? I no. One chairman close the public portion and I'd make a motion to approve this application. Can I get a second? I'll second it. Please call the room.

Speaker 1 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Regio? Yes. Mr. Blanc? Yes. Mr. Ali? Yes. And Chairman Cahill? Yes.

Shawn Cahill (Chair) Thank you very much. Have a good evening. We will. Thank you so much. Our next meeting. Goodnight care. Okay, the next item, 1225 dash ZB dash 44 slash 45 VNDK realty, LLC.

Tim Arch (Atty) Thank you. Good evening. 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 NDK. As you recall, previously this application was put on the record. Mr. Smith was here prosecuting the application. This is an application for a use variance and bulk variance relief to construct a convenience store and gas station with a setaside portion of the site for a future hotel development. You may recall that the, the entire case was put on the record. We had engineering testimony from Chris. We had Stuart Kimmel, our rep from Quick Check. John Ray was our traffic engineer and our planner was actually Justin Oslo who's a credentials are still in effect as of 15 minutes ago. It did not go to a vote at that time and it was postponed for the board to, to consider the testimony and to go to a vote.

Tim Arch (Atty) I will say in the interim, we have actually entered into a developer's agreement with the township. So the applicant has entered into that developer's agreement. And what that ensures is that if the application were to be approved tonight, the necessary infrastructure improvements such as stormwater management, appropriate conduits and the like, anything that's necessary for that future hotel development would be in place as a part of this application. So that would be installed as part of this application. And those infrastructure improvements are shown on our plan that we, that was presented to the board. So in other words, it just ensures that the site is gonna be prepped with the anticipation of a future hotel in mind. That was a concern that I know that the township had and wanted addressed. And so we've done that through that developer's agreement. In addition, any of the, any of the testimony, the agreements to any of the things that we were doing, such as prohibition on high flow diesel, so that we would only have low flow diesel, everything that was testified to is still in effect. We're not looking to change any of the stuff that was testified to. So quite frankly tonight all we're here for is the board's vote on whether or not to approve the application based on the testimony previously provided. And in light of the developer's agreement now in place that ensures consideration is given to the anticipated future development. I don't have any witnesses to present because don't

Shawn Cahill (Chair) Need any, we're gonna vote on it right now.

Tim Arch (Atty) That was adequate testimony. So

Shawn Cahill (Chair) That's all I gotta say. That's fine. Any members of the board have any questions or comments about this application? Hearing none of go to

Speaker 10 The I just, I did.

Shawn Cahill (Chair) Okay. John, jump in

Speaker 10 Real clear real quick. The, all the testimony that started back in December 11 last year, there was the hotel that's shown on the site plan. I've recommended it be deleted because you didn't have a hearing on a hotel. John,

James Kinneally (Zoning Atty) I have agreed, I have the transcript of the December 11th meeting. They agreed to remove the hotel from the plan. All of the things they agreed to will be incorporated in a resolution of approval. Should this board vote Yes.

Speaker 10 Correct. Great. And and to be, I don't have to, I don't have to ask any other questions. Alright.

Tim Arch (Atty) And to be clear, we would have to come back for a site plan for any future development on that. We were all merely showing that conceptually to show that it was feasible and to show that the infrastructure that was in place would work for a hotel in that location. But we will certainly remove that from the plan. And we're, we're, we're gonna come back before you guys before we build any, any hotel.

Shawn Cahill (Chair) Got it. Okay. If that was the only question for Mr. Arch this evening and this application from the board, I'm gonna open it to the public. Anyone in the public have any comments or questions about this application?

Speaker 1 No. One chairman.

Shawn Cahill (Chair) Okay. I'll make a motion to approve this application. Can I get a second? Second. I'll second it. Okay. Call the roll.

Speaker 1 Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. Regio? Yes. Mr. Blanc?

Shawn Cahill (Chair) Yes.

Speaker 1 Mr. Ali? Yes. And Chairman Cahill? Yes.

James Kinneally (Zoning Atty) Mr. Arch, we will memorialize this at our next meeting.

Tim Arch (Atty) Appreciate it. Thank you everybody have a wonderful evening and thank you for how efficient you have been.

Shawn Cahill (Chair) Goodnight sir. Hi,

Speaker 1 Tim.

Shawn Cahill (Chair) Move on to item number 13, adoption of resolutions from the regular meeting of September 10th, 2026.

James Kinneally (Zoning Atty) First resolution. Noreen Ahmed, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. O'Reggio? Yes. Mr. Blount?

Shawn Cahill (Chair) Yes.

James Kinneally (Zoning Atty) Mr. Ali? Yes. Chairman Cahill? Yes. Next. Steven Kissling, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. O'Reggio? Yes. Mr. Blount. Mr. Ali? Yes. Chairman Cahill? Yes. Next. Douglas Bolin, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. O'Reggio? Yes. Mr. Blount? Yes. Mr. Ali? Yes. Chairman Cahill?

Shawn Cahill (Chair) Yes.

James Kinneally (Zoning Atty) Next. Theresa Billingsley, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. O'Reggio? Yes. Mr. Blount?

Shawn Cahill (Chair) Yes.

James Kinneally (Zoning Atty) Mr. Ali? Yes. Chairman Cahill? Yes. David Lerner, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. O'Reggio? Yes. Mr. Blount? Yes. Mr. Ali? Yes. Chairman Cahill?

Shawn Cahill (Chair) Yes.

James Kinneally (Zoning Atty) Kumar Kuru Baron. Which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. O'Reggio? Yes. Mr. Blount? Yes. Mr. Ali? Yes. Chairman Cahill? Yes. Steven Leonis, which you voted to approve. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. O'Reggio? Yes. Mr. Blount?

Shawn Cahill (Chair) Yes.

James Kinneally (Zoning Atty) Mr. Ali? Yes. Chairman Kale? Yes. Next. Scott Ulrich. This was an amended approval. There was a, a change in how it was built and you voted that it was a de minimus change, so you approved it. Mr. Weisman? Yes. Mr. Tillery? Yes. Mr. O'Reggio? Yes. Mr. Blount? Yes. Chairman. Mr. Ali? Yes. Chairman Cahill? Yes. Those are all the resolutions I have this evening.

Shawn Cahill (Chair) I had a number 14 at the option of minutes from the regular meeting of September 10th, 2026. All in favor say aye. Aye. Aye. I Number 15. A German. All in favor say aye. Aye. Aye. Long one tonight, guys. We're not used to these. Yeah, I'm spoiled. I If we talked a little spoiled. Well, the winter's here. I think we're gonna probably be a little more later. Everyone have a great weekend. Good too. All right. Next meeting is October 8th. Eighth eight. Okay. Good

James Kinneally (Zoning Atty) To see everyone.

Shawn Cahill (Chair) See. Thanks everyone. Have a great evening everybody. Bye-Bye. What's the left of it?