##VIDEO ID:nDoBXd_LEyg## e e e e e e e e e e e e e Township veton Zoning Board of adjustment regular meeting of August 27th 2024 is now in session add notice of this meeting as required by the open public meetings Act of 1975 has been provided by the annual notice published in the home news and Tribune the C 18th 2023 as it posted in the main lobby of the municipal complex on December 18th 2023 please join me in the pledge allegiance to the flag to the flag United States of America to the rep one nation under God indivisible liberty and justice for all mam secretary roll call please Mr Carly Mr bno here Miss Shaw here Mr aat here Mr chabra here Mr Sero here Mr Patel here Mr Baron here Mr D here and chairman Kumba here thank you Madame secretary M for consideration July 30th 2024 minutes of approval what's the board's Mo on to approve second motion made by Mr Patel second by Mr Cher roll call please uh Mr Sero yes on the motion Mr Baron yes on the motion Mr chabra yes to the motion and chairman gumba yes on the motion thank you thank you uh mam secretary first resolution to be adopted z19 2021 Edison Chicken and Burgers LLC granted for approval what's the board's pleasure motion to approve second motion made by Mr chabra second by Mr Patel roll call please uh Mr Brown yes on the motion Mr chabra yes to the motion Mr Patel yes on the motion Mr D yes on the motion and chairman Kumba yes on the motion mam secretary next resolution please z40 2023 New York SMA unlimited granted for approval what's the board pleasure motion to approve second motion made by Mr Cher second by Mr Patel roll call please Mr Bron yes yes on the motion Mr chabra yes to the motion Mr Patel yes on the motion Mr D yes on the motion and chairman Kumba yes on the motion mam secretary next resolution please Z8 2023 narali Patel Mo approve second to the motion motion made by Mr Patel second by Mr Cher roll call please uh Mr Baron yes on the motion Mr Cher yes to the motion Mr Sero yes on the motion Mr Patel yes on the motion and chairman Kumba yes on the motion M secretary final resolution for consideration C 17 2024 Arvin Patel denial motion to approve second motion made by Mr Cher second by Mr Patel roll call please uh Mr Sera yes on the motion Mr chabra yes to the motion and chairman Kumba yes on the motion thank you very much Madam Secretary thank you good evening ladies and gentlemen this is a regular meeting of the township of Edison zon Board of adjustment the board is composed of Edison Township residents appointed by the municipal Council who volunteer their time and service to the board Miss land use Law requires that members successfully complete a land use training training course administered by the New Jersey Department of Community Affairs this board also holds in-house training conducted by our board professionals the zoning board abides by the provisions of the municipal land use law in addition to our board's bylaws the zoning board is a quasi judicial land use board which differs from the township planning board under M the municipal land use law board members are required to be impartial and are not allowed to discuss any case prior to its consideration before the board at a hearing all applicants will have the opportunity to present their case before the board with the opportunity for board members and board professionals to question the applicant and their Witnesses at the conclusion of the applicant's presentation of their case the case will be open to the public residents within 200 ft of the subject property will be heard followed by residents from outside of 200 feet all residents will be sworn in they'll provide their name and address and they'll be given six minutes to comment on the application being considered without the opportunity for rebuttal residents may ask questions of the applicant the applicants professionals and board professionals the board requests that these questions are asked prior to any commentary being made on the application once commentary Begins the resident's timer will begin the applicant will be allowed for the opportunity for cross- examination of their Witnesses under the law the chair is allowed to stop any commentary which is repetitive or is an attempt to fill a buster the board further the chair is allowed to stop any commentary as that is irrelevant to the case or prohibited from the board's consideration once the public portion is closed all public comment is ended unless new testimony is presented by the applicant following the closure of the public portion the applicant will have the right of summation on their application following summation the case will go to the board for a decision this procedure has been followed by the board and is similar to the procedures followed by Boards of adjustment Statewide the municipal land use Law requires a board to engage in a balancing act and is not required to strictly apply Township ordinances zoning plan or master plan as a board of adjustment variances are granted when appropriately necessary following all legal considerations as has been the case with prior boards this board will see where we are at if we still in session around 10:30 p.m. I do not predict that for this evening but please do not prove me wrong um I ask that the applicants professionals and residents show respect to each other and be civil throughout all proceedings I ask that you withhold Applause booing or interrupting of anyone while there is speaking the chair will not tolerate any Outburst by applicants professionals or the public further since most cases are being recorded by a court reporter I ask the speakers do not speak over one another um so our first two orders of business is uh closed session Madam Secretary would you mind reading the um two matters to be considered under closed session so the first closed session is the raise concerns in court as to aliw versus the township of Edison zoning board and the second closed session is raised in court as to caran versus Township of Edison zoning board uh can I get a motion to go in the Clos session motion motion to go in the Clos second motion made by Mr Patel second by Mr Mr cero all in favor signify by saying I hi oose nay the eyes have it the board is will now uh Jour to close session we do not expect to be long and then we'll uh get back to the agenda thank you very [Music] much e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e for can I get a motion return to public session motion to return a public session second made by Mr Sero second by Mr Patel all in favor signify by saying I I those nay the eyes have it board is now in session Madam Secretary first case on the agenda case number one uh z45 2023 hanana Lopez at 2037 Woodbridge AV app applicant is seeking preliminary site plan along with bulk and use variances to constructs a twostory multi-use building commercial and one-bedroom apartment the following standards have not been met Max F permitted is 30% proposed is 97% maximum building coverage permitted is 30% proposed is 48.3% on-site parking required is 7% proposed is six affected property is located in the lb Zone designated as block number number 24.01 Lot number 34 on the Edison Township tax map all noticing paperwork is in order good evening Mr sh thank you good evening Mr chairman members of the board my name is Bernard Shire with the firm of conver conver and Shire uh representing the owner applicant Wana Lopez uh with regard to this application for property located at 2037 Woodbridge Avenue block 24.01 lot 34 uh presently uh the uh property contains a one-story dilapidated building uh being used by a psychic uh the area along Woodbridge Avenue there is uh quite in disrepair I would say at best uh with the exception of the funeral home uh up the street uh the proposal is to demolish the existing building and constru construct a new twostory building with a salon on the first floor uh and an apartment uh upstairs which will be owner occupied on the second floor uh this uh uh was uh designed by our architect as a two-bedroom apartment uh and my client will explain to you why uh she uh would like to live there with her sister and they are going to be the operators of the salon uh so it will not increase any parking needs um uh in spite of that uh we have uh complied with the parking needs uh as you'll see uh we have some spaces on the property however we also have acquired six spaces off the property from the funeral home which is uh one property up the street uh on the same side uh where uh people can utilize uh for parking uh and we have an agreement that's been provided to the board from the Goldstein Funeral Chapel indicating uh the hours we can utilize it uh on uh Monday through Friday and Saturday and Sunday um the uh variances we need are a use variance uh for uh the apartment which is not permitted in the lb Zone uh I would note that that everything around us with the exception of a couple of mixed use buildings is all residential uh in fact across the street uh there is a uh there's a building with a commercial on the first floor and quite a few apartments on the second floor uh the uh property itself is unusual in shape it's very narrow uh but the depth of the property does meet the zoning standards uh so uh the because of this uh we are going to need a substantial floor area ratio variance uh but uh almost anything you can utilize the property for would require that uh the uh the side street uh Russell Avenue uh is all residential going up the street and uh I took a ride today there's almost no street parking being utilized so you know it would be convenient for people to park there as well uh however we do meet the parking standards uh by virtue of what we'd acquired from the funeral home uh the uh other than uh other than what I've told you uh I am ready to proceed but we are we are seeking uh to have the two bedrooms as in the architect's plan uh I have the architect Robert Hernandez uh and I also have uh the uh our engineer and planner uh John Dupont present uh as well as Wana Lopez the owner and uh if uh there are no preliminary questions I'm ready to proceed does board have any preliminary questions for Mr sh why is the need to have an apartment on the second floor I'm sorry why do you have a need of adding another apartment on the second floor the uh the owner wants to live there and her sister and the two of them are going to be the beauticians in the salon so it's a matter of convenience and they need a place to live if you remove the apartment what would be the F if you remove the apartment what would do the F just for the future when you have if you remove the apartment uh I would have to uh ask our architect that he's present I got it any other preliminary questions okay all right you may proceed Mr Char right I I would call Wana Lopez I'm up here [Music] hello are these microphones working uh uh Miss Lopez you're the owner of this property I need to SAR in Miss Lopez would you uh raise your right hand sure do you solemly swear or affirm to tell the whole truth nothing but the truth to help you God yes I can you please State your full name for the record I just want to make sure the microphone all right Ms Lopez you're the owner of the property at 2037 Woodbridge Avenue yes and it's your intention to uh operate a beauty salon there after building a new two-story building correct yes uh and you and your sister would be the operators of the salon it's my daughter Your da I'm sorry your daughter yes and uh you would both be living upstairs correct yes and that's why you want to have the apartment on the second floor um uh just a couple of questions it's going to be a there's going to be uh only two chairs in the salon right yes and uh as far as uh trash is concerned uh you presently operate a salon yes I do and where is that located it's in AC3 suers and Somerset a63 Somerset Stree and Somerset all right and uh that type of operation does not generate a lot of trash does it not really and there you don't need a dumpster or anything like that no I don't you'll be able to just take the trash and put it out like residences do to the sidewalk correct yes all right uh I have no other questions board have any questions for Miss Lopez uh Mr chairman Mr D what is the current use of the property now what is the current use it's a psychic oh okay and how long you own that property almost two years we they int it's two years already it was I think it was I but in in July with they intend to renovate and and and open a business there excuse me with the intent to open up a business there yeah well when I bought that property that was uh that was my my my idea to open melon over there but things didn't work out that way but yes I still that's that's my purpose to fix the property but to put my business on there okay thank you Mr it's your intention to demolish the dilapidated building and put up a nice new building right yes yes all right no other questions does the board have any other questions from Miss Lopez all right seeing none thank you m thank you m Lopez to call John DuPont you can't raise your right hand you saw me swear or firm tell the whole truth nothing about the truth to help you got I do and just State your full name John Paul Dupont Mr Dupont if you could just please just provide the board with a brute summary of your qualifications and background certainly I am a licensed professional engineer and planner in the state of New Jersey as well as New York and Pennsylvania I am also certified Municipal engineer I've served for the B of carret uh Planning and Zoning Board engineering for the last 25 years I've been in front of this board numerous times and your licenses are current in good standing they are and you want to be accepted as an engineer and planner yes okay all right we'll accept you thank you thank you very much right Mr Dupont uh you've been retained by the applicant to provide the uh site plan for this proposed new building that is correct and uh just briefly could you describe the condition of the existing property and then the surrounding area yes so and I believe we passed out an exhibit exhibit one to the board the color photographs uh from Google Earth but that were printed out in my office so the existing property currently has a one-story building on it that as you heard is operated by a sec greeter and is currently active the existing building covers most of the lot and it does have a two-car garage in the rear uh the building is old and in need of significant updates the current property does have several existing zoning violations and we'll go into detail on that later on in my testimony but you see those color photos just to give you an idea of the condition of the property switch proposed now uh could you please describe what uses are in the area oh yeah yes it's it's mixed use uh certainly there's there's businesses there's um retail spaces there's a lot of residential around a rear but it's it's a mixed uh property mixed area and in fact across the street is a mixed use building with quite a few apartments upstairs and uh commercial uses downstairs correct absolutely so this uh proposed use would be uh actually totally consistent with the area it's going to be exactly consistent with the area right could you please uh discuss the proposed uh use with the board yes and if I will I'll go over my plans [Music] okay so the board um should have received 11 by 17 copies of the plan it's the exact site plan it was submitted just made it easier for you to see I have my site plan up on the board again exactly what I submitted and I'm going to go to sheet three of four so the applicant is proposing to demolish the existing building and construct a new two-story building this building will have a beauty salon and a first floor with two seats and a two-bedroom apartment on the second floor the second floor apartment as you heard will be occupied by the owner of the salon um in addition to the new building the applicants proposing three on-site parking spaces in the rear Landscaping fencing and overall Improvement of the property now the existing building it's important to kind of give you an overview what existing violations are there today so under existing conditions the minimum lot area is 7500 Square fet it's 2548 currently the minimum lot width requires 50 fet the existing is 25 the front yard setback requires 15 the existing is 14.9 the the front yard setback required is uh 12 ft sorry side yard setback 12 feet existing is 2.47 the max building coverage 30% currently 67.8% the max impervious coverage required is minimum required is 75% or the maximum allowed is 75% currently it's 77% and the floor air ratio maximum allow is 0.3 currently it's 0 .68 so as we go through the property I just want to make sure we understand there's a lot of existing violations there today and I'm going to go through we're going to improve a lot of them we're going to eliminate a lot of them and we're going to ask for some relief so things were not changing lot area lot width couple violations that we are eliminating the front yard setb we now are compliant and are proposed at 15 ft the maximum from perious coverage we are now compliant at 74% couple violations that were improving the side yard setback required 12 feet we're getting three feet now so we about a half foot additional the max building coverage allow us 30% existing with 67.9 we've moved it down to 48% so an improvement there too now what we do need we do need a d variance as you heard for the use residential uh unit on the second story is going to require use variance in the zone parking we have a two- seat salon and a two-bedroom apartment we need eight spaces we have three on site in the re of the building and we have an agreement with the funeral home which I'm going to show you where that is for six additional spaces so we feel we meet the requirement but I want to show you exactly where that site is this an exhibit I think this is probably going to be A2 it's an aerial photograph of the area and what it shows is our property 2037 wridge Avenue at the corner of Russell and Woodbridge Avenue shows our existing property and shows the funeral home two properties down it's a large parking lot and that's where we're going to be able to park those additional cars so I'll mark that A2 it's also a good map to show as Mr sh said about the mixed use of of the neighborhood behind us to the top of the page residential residential residential they're all residential homes across the street from us on Russell mix use building uh commun store on the bottom apartments above exactly like us across the street on W ja same thing comun store on the bottom apartments above our property with this salon and the apartment above will be a perfect fit for the neighborhood so the and the last variance we're going to ask for tonight is for fla ratio p hold on a minute uh Mr sh we don't have and there's an agreement that's been referenced I'm looking in my packet do you have an agreement I don't see the agreement I'm soral home you said there's an agreement with the funeral home for parking do we have that agreement you should I sent it in cuz I don't have it in my packet and so I'm a little I submitted sufficient copies to the board but I have some additional ones here if you want and we also don't have A2 so we'll need a smaller rendering of A2 okay it's not this is something new I brought tonight which I will gladly leave with the board have we need I need to see the agreement we'll get the agreement skip you have a copy of the agreement and we'll get A2 digitally I sent it I sent it in September 20th of 2023 15 copies of the agreement but I I do have one extra copy here if you have an extra copy we'll make copies really quick thank you that's Mr stup what we're going to do is just keep the train running down the track okay uh the secretary will make a copy for the board and uh you can you can proceed keep going very good okay so we just start talking about floor air ratio so as you heard currently the site has a violation the floor ratio is 0.68% under our proposed conditions it's 0.97% now it sounds versus .3 loud it's it's sounds significant and it is but I'm going to go back to the site plan for a moment I want to show you where that comes from on such a small site with an with the [Applause] salon and then an apartment above it we We Shrunk the building put a second story on it in order to fit the three parking spaces I think it's from an engineering standpoint it's a great change to the building two stories loud in the zone Height's not an issue We Shrunk the foot P their building we fit three onsite parking spaces on a very small lot that currently has the F issue it still has an F issue but I think it it's the right way going from engineering standpoint so again uh you know again reducing that footprint adding to make you know adding a second story seem to make a lot of sense the parking the improvements the Landscaping the screening and and the overall renovation of site seemed more important to us uh the property is is small to begin with so we're a little handicapped what we can and can't do now review letters we have two we have a DNR review letter dated May 3rd we can comply with everything but there are a couple items I want want to touch on Mr Carly Mr Cary you just bring that a little closer I want your I want your fan base to hear you at home so just bring that a little closer to you I think I have it on don't there you go thank you okay okay that's better so we can comply with everything to your point you did have a uh you do have our May 3 2024 report I hear the magic word from Mr Dupont but for the board's edification I do tease out the testimony uh that should be provided to the board and I'll go with through a couple of those items I think Mr CW would like us to address uh 2.3 was the discussion on how garbage will be handled on site garbage will be collected and kept in the building till garbage day and then it can rolled out to the street Ada accessibility two items here one Mr Cary wants to make sure we show an ADA accessible path to the building we certainly will do that two there was a discussion about ada8 parking space and that is comments uh 2.4 and 3 .1 and what we when we looked at the ada8 parking space we agree we should have one and we think the great spot would be to work along Russell Avenue work with the township put a handicap accessible space alongside the building on Russell Avenue and we would agree to condition that the township approves that handicap spot on the side as a condition of approval uh the next comment was 3.2 location of off-site parking we had showed you that exhibit is at the funeral home comments 6.3 and 6.4 was regarding utility connections the applicant will utilize all the existing utility connections for the property now 6.7 um it was a comment about the applicant should TV and clean the San sewer the township San sewer along the front of the property to make sure it's um working function you know functioning properly and has no issues for such a small case I would agree that we would TV and clean the Sewer Lateral for the property for sure I don't think it's really fair to ask that the applicant TV and clean the sewer M and the street I will bow to Mr Charlie's uh Mr Carly's uh you know advice on that and then 9.1 is there's no signage proposed at this time and that's that's correct there is no signage proposed at this time that was it for Mr car letter everything else seemed to be straightforward and we can comply with it all Mr Carly thank you Mr chair I would say relative to uh inspecting the uh the sewer line out front I would say get a good idea of what your lateral looks like to the main if there's any blockages that you see on at the main then obviously you're going to repair them right absolutely okay thank you and the other professional review or report we had was big now planning dated August 21st we can comply with the entire letter there was however one item that we should provide testimony to Mr Bell's commment H he would like a tra uh traffic statement and we have a two- seat salon and a two-bedroom apartment on the that the owners will occupying work we think there'll be no little to no impact at all on traffic especially since today a psychic reader operation is currently existing on a property with no issue so we're not introducing an intense use uh there'll be no impact on traffic I think unless the board has questions that's it for my engineering testimony Mr speak down thank you chairman um just have a couple quick comments and uh questions for you Mr deont um for Item B the engineering plans will just have to be updated to show that a two-bedroom is proposed absolutely for the uh off street parking space I mean offsite parking spaces is there going to be a sign saying like additional parking two space or two lots over like how would the patrons know where the additional parking is going to be I think we signage would be fine we would definitely um propose some signage for that to your office for your approval okay no problem that um uh we recommend for item D I believe you said you comply but uh residential parking spaces should be dedicated uh with signs that for the uh for the apartment use that should be part of the on-site uh spaces not we could certainly Mark that like a you know apartment apartment space absolutely identify yes absolutely will because the two-bedroom apartment would now require two spaces that's correct uh and I imagine you don't have any information yet on the uh the pipeline ordinance I don't yet but we will certainly send out those letters the pipeline letters okay thank you that's all I have thank you Mr Bell the um Point H uh and Mr DuPont's response regarding the uh traffic statement are you in agreement with this proposal uh yeah I agree that it's not really going to gener generate that much extra traffic okay um but uh he put his testimony on record saying that so we can accept that okay all right thank you and then Mr Dupont um Point G I may have missed this um garbage and recycling both will be kept inside the building okay and go garbage they and brought out okay all right so there'll be no dumpster or anything like that no dumpster okay all right um so that that complet your direct okay it does for engineering all right so I'm going to go to the board see if they have any engineering related questions for you regarding board have any engineering questions for Mr dup Mr chair Mr Cher Mr Dupont um what will prevent the clients from parking alongside the frontage on uh Russell Avenue we have 100 foot Frontage there um are we proposing some kind of signs there yellow line curb or such no I would let them park there that's open parking of legal parking I would have no problem with them parking there okay so they're allowed to park alongside the whole property yes keep in mind that there's a fire hydrant there correct well fire hydrant they wouldn't but today they're allowed to park and that wouldn't change okay all right thank you Mr J you had actually I'm glad Mr Cher asked a question because it it triggered a question I had written so the the proposed handicap spot was going to be on the street you're going to that's right okay we we would work with the township Township have to agree and we have to do it in coordination with okay so you'd agree that would be a mo a condition of approval yes okay all right thank you does board have any other questions for Mr Mr chairman so this applicant this application is for a two Chair salon right correct and I'm looking at the plan you have two hair dry stations three hair wash stations four hair styling stations you have wax room you have eight space waiting room what are you expecting here what kind of operation you guys are doing here I think you're going to hear from an architect for the inside of the building okay because you're telling me it's see two seats time three six parking space plus you're telling it's a one bedroomroom time 1.8 it's a two-bedroom apartment on the top so it's a 2 * 1.8 is almost 3.6 so your parking calculus does not make sense that you only need seven spaces the two bedom apartment required two spaces as per rsis and the salon requires five according to it I need to hear that Bo need to hear the T why only six parking spaces that you said at any given time what kind of operation there and Mr dup if that's something that that that can be handled or Mr sherff that get something that can be handled through the architect's uh testimony if you if you would like to uh hear how the salon operates uh based on the questions about how many different stations there are uh my client who operates a salon can answer them if you would like those answers right now okay let's um let's not play musical chairs board have any other questions for Mr Dupont with regard to engineering M BR uh Mr Dupont minor question on the garbage that's going to be held until garbage day I think that was the testimony yes I looked at the uh the floor plan the only place that you could really store garbage would be in this mop closet is that where you are intending to put the garbage yeah I think the architect's going to address that too he has a location in the building for him he's going to address that in his test because we're not seeing it that's right okay thank you okay all right any other questions okay all right you can take a break yep you'll be back I I'll call M Lopez back to uh answer the board member's question thank you Mr chair you're still under oath uh there there's a question uh that there are only uh two seats for the beauticians uh and you also have uh hair washing stations and hair drying stations uh that's common to all beauty salons right yes normally when you have a a customer that you're putting color in I'm sorry I'm talking a normally you're working with one person but you have another person processing with color or highlights or another another service or maybe carene or something else so that's the reason you need more than one station even though these two people working like my daughter and I we work together for years but we have more than one station because where do you want to put out the customer so you have to have a station where you can put it in let it process how many employees excuse me how many employees it's me and my daughter sometime we use that we have like a shampoo person that come helps out but only when we need it and any at any given time how many clients you're expecting to be in this Salone all depends I mean sometime you can have three four sometime you can have four you can can have one with this a business you never know how many customer you were hand in one time even though we work appointment sometime people canel sometime they don't show up and it's different it's difficult me to tell exactly how many people going to be in the salon at one time so you have you said you had two seats Salone so you had two hair dry station you have four hair styling stations yeah now I have four too and I have five five five hair dryers I have three uh shampoo uh estation so okay so Hair Styling Station it's not two it's four correct excuse me the hair styling stations are four and not two correct it's it's a it's a two people working but we need more space to work with our customers I I don't get it you have four stations and you are saying only two people would be working there you have four stations because normally when when when we put color in one person right that person take like a 45 minutes 30 minutes to process so we need a station to sit that person and there while we are working with somebody else or maybe we're just waiting for that person and you have a hair three hair wash stations for two seats yeah because some you know what it is sometime you wash the hair out and you have put a toner what person and she has to stay there processing to or maybe that a relaxing you cannot wait for the other person to move out of the chair to wash it out you have to wash it away you said no you're going to lose the hair and and you have waiting area for couches that equivalate eight seats that's for that person that that's a waiting so at any given time how many people you are expecting how many cars you expecting there at the salon simple question like I told you before it could be two it could be three it could be four sometime I have two people my daughter had two people sometime I don't I have one and she had two it's hard to tell me exactly how many people expect it because I don't know so you are telling me that at any given time you will not have more than four clients in the salom we could be four it could be one it could be five now I'm just asking simple question what are you what are you expecting as a business how many people are expecting so that we can come up with the how many parking spot you need at least at least four people and sometime sometimes parents could be more sometimes a parent would bring a child that's true with the husband with the mom okay Mr chairman M just hang on one second Mr so Mr dve um I'm going to float an option to you and then we'll then float it by the app and see if it work for them so would you be willing to offer them a condition that there be no more than two stylists at any time that's exactly what I'm trying to say two style is no more than four client at any given time okay Mr sh that there only be two stylists absolutely and a four no more than four clients right well you only have six you only have six space well yeah with we no we have we have nine spaces right now we have six at the funeral home and three on the property but you know sometimes if a parent brings their child there would have to be a place for two people to sit even though there's only one client and the two would be taken by them as a resident for the apartment they they would only be taken care of the child no we're talking about we're talking about so there's two spaces that are associated with residential use okay so take those two spaces take it out of the equation okay for and we would have seven left after that and not only that some people they don't travel only with one person some some people they come like a three or three four people in the same car they don't come everybody in different cars sometime the family come together one maybe a trim and that one a color and that one something else maybe I Brown's done and they come together they don't come separate so there will at any given time there will not be more than seven cars at the salon seven cars yeah no I'm talking about that Family come together sometimes no I get it I'm talking parking SP it's only one I'm trying to I just don't want an overflow parking on the street I understand what are you saying what he's asking you is will the nine spaces be enough yeah for the number of people that'll be there would you agree to a condition that there only be no more than two stylists that two stylists absolutely so so if so approved you'd agree that a okay yeah all right Mr Brown um I think it's Miss Lopez yes how long you working with your daughter now currently oh my God uh 12 years how long 12 years 12 years yes and you're still talking no I'm kidding U sometime we don't but most of the time we do where where are you working now currently uh right now was an a63 Somerset Street and Somerset before that I had my salon in um 84 Veronica Avenue but then we move okay um just minor questions but um I I respect the U continuity of you know mom daughter business family living so um I just want just clarify a couple of things so thank you very much you're very welcome does the board have any other questions from slopez all right so I actually have one so with regard to the apartment above if so approved would you agree to a condition that the apartment at all times be um occupied by the owner operator downstairs yes we agree okay all right thank you okay call Robert Hernandez our architect excuse meand you need a microphone you raise your your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth help you got yes I do please State your full name for the record Roberto a Hernandez uh I've been a registered architect since 2012 2011 uh the first 10 years of my work experience was working for Thomas beo architect in Milbourne New Jersey and then I opened up my uh shop in 2012 so I've been practicing for 12 years on my own and you've you've appeared before this board prior uh multiple times yes uh and your license are current in a good standing yes I am all right we'll accept you you proce thank you thank you before I go over the plans I just want to tell you what my experience is um I'm not shy to say that I go to hair salons with my wife and my daughter because I pay the bills uh to nail salons and when people uh go when there's a woman that goes and do her nails many times she does not go on her own she goes with the daughter she goes with her sister uh you know uh and U you need seating space for people like me uh actually I've built good relationship with the guy that does the nails on my wife because I go there you know we have nothing to do we do everything together my daughter's in college uh so that's really something that happens all the time and who has control over who who has control over who goes into a a salon I never make an appointment with my bar I'm I'm I'm not I'm not going to interrupt you but I I'm sorry to interrupt you but if you could just keep your testimony to the architectural sure thank you uh so the building um I think has the same size as the uh as the original building it is 22t wide 56t deep it's a it's a two-story building we're proposing each floor has uh uh 1,232 square foot each I think you raised a question as to what the floor area area what the floor area ratio would be if it was only a one floor building uh the F would be 4835 now this is the first time I come to a meeting regarding this project I was never I never took part in the TRC meeting so these plans have not changed at all since the day that these plans were submitted originally uh but I did take into account having two means of egress from every floor meaning that God forbidden the event of a fire you have two exits uh on the first floor on the salon that would be the front door and the rear door um it has been brought to my attention that this door may be uh being that it's almost in the center of the back wall uh that it may interrupt with a parking space so I'm willing to shift the door down towards Russell Avenue and just redesign this uh this area here to still be able to accommodate my uh water heater and HVAC unit uh uh from the back we also have stairs the convenient stairs that go up to the second floor apartment um on the first floor I think uh you asked about uh uh I think you asked about garbage so uh I think I'm I'm going to change this note here that says Co closet and put the garbage bin here on the first floor uh almost direct almost directly out to the outside and the same thing I will do uh on the common area of the second floor there's a mop closet I'm I'm sorry there's a well mount a well mounted water heater I'm going to relocate it elsewhere cuz it's wall mounted it doesn't use up a lot of space and I'll do the the garbage uh Bin for the second floor apartment right on the right on this closet here uh the second floor is comprised of two bedrooms roughly the same size one is 12 by one is 12 by uh 132 sorry glasses on one is 12 ft x 132 the second bedroom is 116 by 132 uh not taking into account the the 2ft Deep closet one of the bedrooms has a walk-in closet uh there's one bathroom there's two bathrooms on the second floor one is the private uh bathroom for the master bedroom and the the second bathroom is a hallway accessible bathroom you can also notice that we have a second means of eages in the event of a fire you know you have two ways out of the out of that apartment washer dryer unit uh uh in a closet uh and then we just have an open concept living dining kitchen area um in the towards the back be uh in front of the uh rear stairs and a and a food closet uh as far as the AC condensers I have two places where I can locate that CU I know that uh that was brought up also uh I can create a flat spot on the roof so that we can put the two AC condensers there or I can them from the back wall like it just can't deliv them you know create a landing can't deliver it of the back wall and put both uh condensers there so I'll now jump into the exterior views our intent was to make the um the building look uh very residential because the nature of the neighborhood is mostly residential looking so uh in the front we're designing with a like door front door windows um uh we're doing stocko just on just on the elevation facing Woodbridge Avenue the side elevations would be vinyl sighting uh the roof is like a typical hip roof uh and we have uh small aprons roofs over the front and rear door of the building uh the building is going to be constructed over a crawl space uh so that uh the reason for not wanting to have a basement is uh I don't want to deal with water table issues during the construction uh and at the same time if we want if Our intention is to improve the building and have Ada um Ada accessibility we want that door to be pretty much flat on flat on the ground within half inch uh threshold from outside to inside uh so I'm open for questions s have any questions Mr Hernandez yes so the question remains that the existing f is 68 required is30 You're Expecting .97 my question was that if you remove the apartment what is the F yes uh the F would be if the apartment was removed we would have uh the 12 1,232 foot of the first floor divided by the lot area which is 25 4810 and you end up with 4835 per. okay like Mr J thank you so Bo have any other questions from Mr Hernandez seeing none thank you Mr Hernandez and recall Mr Dupont Mr tup you're still under oath thank you uh Mr deont I'm you've also been retained by the uh owner applicant uh to give testimony as a planner correct that is correct and uh obviously you've uh reviewed uh the existing conditions uh and the proposal from an engineering standpoint have you also done that from a planning standpoint correct uh from a planning standpoint uh what is the current situation of the property look like okay so we we talked briefly about all the existing violations and there's there's numerous I'll briefly touch on them again then we'll get into the proposed but this property today has a lot area lot width minimum front yard side yard setback Max building coverage Max impervious coverage and F all violations exist today and the property is functioning now on proposed conditions we're going to address the three new variances but I do want to make sure we again just emphasize that we are eliminating the front yard setback variants and the maximum purose coverage variant and we are reducing the severity of the sidey setback and the maximum building coverage we're making significant improvements to the site this building covers almost the entire site today it's dilapidated it's it's almost in complete disrepair we're proposing a brand new building building with a good use low intensity with an owner occupied apartment above it it makes a lot of sense but the first variance the first D variance is for a residential apartment on that property the addition of the two-bedroom apartment above the salon requires use variants the apartment will be occupied by the salon owner as you've heard there will be no increase in intensity or traffic on the property the applicant simply wants to operate their salon and live above it with their daughter by operating the salon below and living above it serves as a great ancill use this will allow the applicant to revitalize the site and provide a good service to the neighborhood without intense traffic now the F we've heard a lot of discussion about the F so FL ratio as you know is meant to control the commercial development and intensity for a D4 variance the applicant must demonstrate that the site can accommodate the problems associated with the proposed use with a larger Flor area than permitted by ordinance the fact that the project reduces several existing violations and the apartment which causes the increase in F will be utilized by a salon owner makes it obvious that the intensity will not be increased by that apartment and certainly will be less than suggested by the basic floor area calculation we're not a builder putting a business on the first floor and putting a for rent department on second floor and doubling that traffic that's not what this is we've already agreed to conditions of approval you have the salon owner and daughter are going to live above it and work it so there's not double intensity there uh the apartment does not equate to increased intensity and quite frankly it's a great ANC use so the the F existing is 67 or 68 so it's it's over double what your orang allows but it's a narrow small lot right we know this that building's been there forever we're proposing We Shrunk the building and we just put a second story on we provided on-site parking we're giving you screening fencing on-site parking and a total new building so yes does our does our number go up to 097 it certainly does is it a better alternative better zoning alternative absolutely is we provide the outside parking and we improve the building this is not a typical F where a builder is overpacking a site now parking you've heard about that according to your ordinance our parking Cal we are required to have eight spaces that's your parking C we provide three on site as you heard we have an agreement for six offsite as one of the board members say said to us earlier Russell Avenue you could park on Russell Avenue as well this is not going to be intensive use there's plenty of parking in very close proximity even the funeral home site uh and and the apartment alone doesn't increase intensity of parking either now positive criteria so we look at the mlu and what purposes are advanced by the project purpose a we're proposing to revitalize a property with a new building and related site improvements on existing undersized lot providing a service to community while not creating intensive use in addition we are eliminating um several existing violations purpose G we're again are violations on that property we fit well within the Zone this is a mixu Zone I know it's a what it's labeled as in the in the residential component requires use VAR make no mistake about it this is a mixed use Zone everything around it we're going to fit perfectly in that in that area purpose ey we're taking that building that is outdated and constructing a brand new facility with significant improvements it's going to improve the neighborhood it's certainly today an eyesore and if you've seen the pictures we passed out if you driven by the property you know what the building looks like brand new building going to fit in there it's going to look great for the neighborhood negative criteria I don't see any negative any negative results this project is in my opinion this project will benefit the neighborhood and it's low intensity use that fits it extremely well the variant can be granted without substantial detriment to the public good the benefits of the project are clear and substantially outweigh any detriments and granting V variance will not impair the intent or purpose of your Zone plan or your Zone ordinance and that does unless uh the board has questions to complete my planning testimony Bo have any planning questions for Mr dup yeah one question Mr shair this letter that we re received is on uh it's not on the funeral home letterhead are we getting a real agreement is it for the lifetime it is for one year 2 year 5 year what does it say this does not say anything it they can be cancelled tomorrow if the board wants to make condition of approval that we get something with a time span on it we will agree to that what would prefer board lifetime 10 years 15 years Mr chairman does the board have any input my gut's telling me 20 as long as the building operator has a salon correct Mr sh we would agree okay okay all right does any the board have any other um planning questions for Mr Dupont Mr B did you do any comparables as to um similar F within the area I did not this is by far the small slot in the area so I didn't compare them but there are similar uses in the area where there's there's ground floor commercial and top floor residential we are surrounded by mixed use okay and residential to the rear complete residential to the rear okay all right thank you very much any other questions okay all right thank you Mr that is the uh applicants uh case I guess we can now open to the public okay thank you for permission all right so we'll now go to the public so if there's anyone here present uh within 200 we're going to start within 200 feet of the subject site we want to be heard if you're within 200 ft of subject site you received a letter via certified mail um all members of the public will have uh 6 minutes for any commentary um on the application being proposed and you may may approach sir would you raise your right hand you solemnly swear orm to tell the whole truth nothing but the TRU to help you got I do please State your phone name for the record and your address Charles Felix hus uh 12 Russell Avenue Edison New Jersey okay you you can put your hand down thank you uh just a few uh h h s um Mr Shar you mentioned earlier that you had driven through Russell Avenue today um can I ask what time you drove through roughly uh roughly lunchtime lunch time okay I just want to bring that up because the mixed use building on the corner there of Russell Woodbridge is Craigs Deli uh 2 and it does considerable business during the hours of 6: to 3:00 p.m. um there's regulars in the area who come by park on the street in the parking on site as well on Woodbridge russle um there's the employees from the waste management of the township they will often Park their trucks along the road as well um and I I think that that there's a lot of traffic that just comes from that one business alone as well Russell Avenue despite being a oneway um sees a lot of through traffic from Woodbridge as people cut through trying to skip through the light at Woodbridge and planfield take a right on lilan straight over to planfield so there's quite a lot of traffic that comes through there in addition to just people coming the wrong way on this one way Road um I I also just want to uh I'd like to ask you Mr deont that uh that there would be possibly any signage or any prevention of of customers parking along Russell Avenue in front of my residents I directly border the uh the lot in question well I think parking that is allowed to be you know public parking currently on Russell would still be able to be utilized by anybody from the public understood uh that is all the questions I have thank you do you have any commentary um no not nothing that hasn't already been said okay thank you very much for coming appreciate it anyone else with 200 feet of subject site wanted to be heard ma'am please approach raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth help you got I do and please State your full name for the record if you just pull the microphone closer yeah thank you uh Amanda Lee castra and your address please uh 12 Russell AV uh k a s c h a k uh my question is for Mr Dupont what are you going to do about the buffer between my driveway and the um lot that's going to be put in are you immediately adjacent to the r so that's the rear of our property we have a a planting strip and fence proposed along that property how far away is it going to be from my property our planting strip is about we have a 4ot planting strip from our property into ours with the RO PL uh my second question would be regarding the I know you said that they could park publicly on our road which I'm kind of against as I do have people who live with us besides me and my husband who are on the road so that's going to take up parking for our people who live in our home so I don't think it's fair for you to assume that people can just park in front when I do have people who live with me I understand the township if the township wanted to restrict parking they could certainly do that the township committee would that be something that's possible that we can make it that is that is beyond our jurisdiction um so the way it would work and Miss Shak and correct me if I'm wrong every once in a while I'm wrong Miss Shak and gck me if I'm wrong um that's something where the uh residents would have to petition the township Council um so as to change it to no parking a shot he he's correct oh see every once in a while yeah so that's not that's if we don't it's not something that we have the jurisdiction on understood um my only other concern is the parking with the um Funeral Home I understand it's a few Lots away I just don't think that people are going to walk all that way and they're all just going to be in the traffic it is a one-way street it's very busy it's also a bus stop for children on the corner directly across the street I just don't think that having a bunch of cars there would be a good idea okay that's all I have to say okay thank you so much thank you very very much coming out appreciate it Mr chairman so the oneway traffic is from funeral home to the corner no from the corner to if fun know I'm going that way ma'am if you can come back up to the microphone sorry just come back to the micophone where the building is going to be or is currently all of Russell is a one-way Street heading down so if you are on wav you would pass by the front of the building make the left onto Russell that is a oneway street but bridge is both ways than thank you thank you very much anyone else within 200 feet wanted to be heard last call anyone outside with within 200 feet want to be heard anyone outside 200 feet want to be heard sir ra raise your right hand you Solly swear or affirm to tell the whole truth nothing but the truth so help you God I do please State your full name provide your address Scott cast k a c h a k I'm at 27 merer Avenue Edison uh I do have a question about the parking uh that's going to be on site how is the drainage Mr Dupont gonna work is it going to drain towards the towards Russell Avenue toward towards Russell yes okay so it would be graded it's not going to go on to my my daughter's and my son-in-law's property correct okay is there now you said there's going to be a fence that's going to be on between the driveway and back of the property yes fence and a planting strip is that fence going to impede backing out of their driveway onto Russellville Avenue so they can be able to see down the street no I don't think it would be at all I don't think it would go there at all me backing out here out of their driveway yes it's back it's back feet away from the sidewalk so there should be sight distance if there was a site issue too Mr cley wanted us to pull that back we certainly would do that okay and on-site parking is that are they going to be able to turn around in there or they'll be backing out as well backing out a regular driveway okay so I said it is a lot of uh traffic on that street it might be a little perilous that sometimes cars could do the do come down the wrong way so there have to be it might be a safety issue with that uh the other question I have about the Ada parking on the street right how will that actually work it's a one-way street they're going to have to be out into the street to if they have a wheelchair or something to get out of their their driveway or their driveway side door well the the H well yeah the town could do a couple things and we could we'd work with them uh the town could modify the curb they could hatch they could hatch the area they can make you know physical restriction phys physical changes to the curb line and we've done that before right but the car or the car or the van is going to have to be parked into Russell Avenue so they can get out of the driver's side or if they want to get on the passenger side so a handicap spot requires eight and eight so we would make sure eight and eight were provided yeah so it's it gets narrow over there with Craigs Deli and way the cars park over there is just well if we had to move the sidewalk I mean the curb line in I'm in the township should we do that we would certainly have no issue with that thank you all right every else has been answered thank you okay thank you very much sir we appreciate it anyone else from outside 200 feet wanting to be heard last call anyone from outside 200 feet wanting to be heard can I get a motion to close the public portion motion to close public portion second motion made by Mr second by Mr Sero all in favor of signify by saying I hi POS nay the eyes have it public portion is now closed uh Mr sh I don't know if you have any um summation uh but also I believe Miss sha has uh brought to your attention I just want to put on record we only have six board members present this evening so it's up to you how you want to proceed uh I would like just a moment to confer with my clients and I would like just a few moments to uh give a sum brief summation to the absolutely so you want to take the couple minutes first yes sir okay all right so we'll give you 3 minutes stay by stay [Music] so come on F this almost like a we're going to return to session Mr sh thank you Mr chairman uh Mr chairman I spoke with my clients and and they would like to uh wait until they can have seven board members vote uh I would like to sum up at this time and of course we'll have a transcript uh provided to the board okay that's fine all right uh Mr chairman and members of the board uh the property in question uh I think everyone would agree uh is in terrible shape uh when I went down and inspected it it looks like something that should have been declared an area in need of Redevelopment to be honest with you uh my client is willing to go through great expense to knock down the structure which looks like it'll fall down in a few years if they don't knock it down and uh build a brand new building uh which uh will be a great benefit to the area uh as far as as the uh the major variances which are concerned uh as to the use of a an apartment uh the entire area is residential and Woodbridge Avenue itself is filled with mixed commercial res downstairs residential upstairs exactly what we're proposing uh so it would be entirely consistent with the area uh and a and a great benefit uh it's a low intensity use uh it's a small use it's a small narrow piece of property uh and it's probably the best thing that can happen to that piece of property otherwise it's it's going to continue to be a blight uh the uh applicant has agreed to whatever conditions the board has imposed uh and uh will you know agree to operate it as a no more than two hair stylists uh have adequate parking and uh you know the uh it's it looks like a win-win for everybody uh the F uh is already significantly in violation uh so in order to make the property work we are increasing it to some degree but were decreasing some of the other violations uh it it appears to be a situation uh where it's going to be low intensity it's going to be a tremendous aesthetic Improvement to the area uh I didn't hear anybody say that they like what's there now uh so uh I I believe it is uh absolutely uh appropriate for the board to Grant the uh variances requested and uh get this property in shape thank you very much okay thank you all right uh Madam Secretary we have available September 24th if that works for you in your September 24th that's fine okay so we go September 24th just down for a vote only just for a vote only okay all right so for anyone here present for anyone listening at home this case will be carried until September 24th 2024 at 700 p.m. in council chambers um if you have received a notice uh you will not receive an additional notice this will serve as your notice um so we'll see you on September 24th thank you very much can you answer I'm sorry it's just a vote only just just it's just it is just for a vote only there will be no further testimony or commenting okay no mine's back okay that will be only for a vote uh there will be no testimony and there will be no further comment all right thank you very much thank youy with me chairman battery dive this is the one can I grab a mic yes please yes yeah s sit here for now and right oh Madam Secretary next case on the agenda case number z19 2024 Edison land Investment LLC 997 US Route one applicant is proposing to install two new signs on the facade of the existing building the following standards have not been met facade signage Dimensions required is 7 by3 proposed is 49 by 4 * 3 and 28 by 10 by 1 by9 affected property falls under the Ford plant Redevelopment plan and is designated as block number 19812 Lot number 37.2 on the Edison Township tax map all noticing paperwork is in order good evening thank you and good evening uh my name is Jay Rakin with Harts Mountain Industries that's the parent company for the applicant uh Edison land investment I think you're probably all familiar with the uh Edison Town Square project that Harts has developed and continues to develop on the site uh one of our attendants there is the existing iFly indoor skydiving facility and uh that was approved by the planning board a couple of years ago it's now been an operation for some time and we are here to ask for some additional facade signage for that existing operation uh really to uh enhance the uh visibility and and really the understanding to the public of what iFly is and also to bring the signage in more in line with typical iFly facilities throughout the area um I have two witnesses here tonight Justin Waldren from iFly and Sam Bellamy who's a professional planner who will address the standards for the variants um I I should note that the signage the additional signage will be uh internally illuminated in a manner consistent with the uh the requirements of the local ordinances um and uh really as you'll hear from Mr bamy should be minimal if any impact acts uh to the public but uh with that I'd like to get started and present our first witness Justin Waldren to my right uh I'm sorry l l l oh I'm say wal I'm sorry my apologies it's okay you want to bring Justin Lair up yeah yeah sure so hi I'm Justin L been with i for hold on oh I'm sorry raise your right hand do you solemnly swear or affirm to tell the whole truth nothing but the truth so help you God I do and use the microphone please State your full name for the record so I'm Justin lir I've been with iFly for about 12 years I'm the Northeast area manager for these four facilities up here you may proceed right uh I'm just going to ask you Mr lir to uh describe you just gave your title but what you do and and a little bit about what iFly does yeah so we're a uh we're indoor skydiving facility it's a vertical wind tunnel um so we have a wall toall column of err that you come in you float on and we have a instructor that kind of guide you through the entire process so it simulates actual free fall from 13 and a half thousand feet um the timing and everything's about the same even Sky drivers come in and actually use our facility but we're primarily we we facilitate uh an experience for families uh young kids you know just Indoor Sports in general thank you and what are the hours of operation generally uh about 9 to six you know thank you uh and uh you're familiar with the application and the particular signage that we're asking for for this application yes very why why is it that iFly would like that additional signage well these last uh two facilities we haven't built wind tunnels um since about four or five years ago and these are the two new facilities that we just opened this last year and we I don't know why we did it this way but we did not put indoor skydiving on the fa on the facility itself all of the other locations that we have um and this is such a niche Sport and and activity that a lot of people don't understand exactly what iFly Is So currently we just have the logo and iFly on the on the front so it kind of doesn't give a descriptor of what it is so right now we're doing okay but we could be doing uh substantially better so thank you and and uh the the building is set back a bit from the the route one Frontage along this uh the former Ford Redevelopment area correct all right so the signage should also just help enhance the uh the visibility of the of the project and help identify people who might be trying to find it absolutely okay right that's all I have for this witness does the board have any questions seeing none thank you very much all right thank you my next witness yeah that's right sir would you raise your right hand do you Solly swear or affirm to tell the whole truth nothing but the truth to help you got yes I do and state your full name for the record s Bellamy last name b l l a m y thank you we'll be qualifying Mr Bellamy as an expert in the field of professional planning um so I'll just ask Mr Bellamy to please give give us the benefit of your educational professional background sure I'm a licensed professional planner with the firm drar Robin I have a New Jersey Professional planner license also accredited with the American Institute of certified planners I have a masters of City reg Regional planning from Ruckers University I've testified frequently before boards including the Edison planning board um South Brunswick South blanefield and and many others first time before this board in front of this board yes all well welcome thank you uh so and your licens are current in good standing yes current and good standing all right great you have to uh tell the plan board next time you Forum about how much better job we do here we'll do all right you may proceed we don't play favorites we appear before both board we do thank you thank you Mr Bellamy if you would uh you're you're familiar with with the project the nature of the application this evening is that right yeah I did review all the project materials the Redevelopment plan I also made a site visit um prior to my testimony tonight all right thank you and do you have an opinion as to whether or not this board can grant the variances required or I'm sorry requested under the appropriate legal standards yeah I think the bulk variances are within this uh board's jurisdiction all right if you would please give us uh your rationale for your conclusions sure so the two the variance for request tonight is for the um secondary facade signage um there are three existing signs currently on the building that fall within the primary facade signage um so we're asking for one sign to be 49 ft by 3 in uh 49 ft and 3 in by 3T and the other to be 28 ft uh and 10 in by 1 fo9 in so um what's permitted in the Redevelopment plan for secondary facade signs is 7 feet by 3 ft um the signage itself is consistent with the maximum height that's permitted for that secondary fa signage but it's the length of the sign itself that's exceeding your dimension requirement within the uh Ford assembly Redevelopment plan area um going back to the the primary signage there is a 10% maximum permitted for primary signage the existing signage itself um currently there's one iFly sign with a logo that faces rot one um that meets the 10% facade sign on on that area the the North and South south facing signs or facing Top Golf and and Chick-fil-A um those are both within um under the 10% maximum so overall the the signage area with what's being added to what's currently there is still within that maximum permitted um but given this is considered a secondary signage it's in different locations um we are asking for the variance for Lea tonight um the property itself is approximately 260 ft away from Route One the minimum required setback in the re development plant area is 50 ft so you do have some properties some buildings that are closer to Route One those are the Tomy um Starbucks uh Chipotle um and Tio I think are all more are closer to the highway where this property is really more interior to the property itself it's further back um really adjacent to the Top Golf um so it is further from the root front uh Route One Frontage the additional signage will add additional visibility um for both vehicl uh Vehicles traveling down Route One as well as vehicles within the the Edison Town Square complex itself um overall it's my opinion the signage is appropriate and is consistent um it's proportional to what what uh what's permitted and intended with the Redevelopment plan requirements um and also the addition of just indoor skydiving provides a clear indication of what's what the use and type of facility is um as compared to the just the exist existing iFly branding with the logo um so it's really for to provide some uh clear uh clear uh indication of the use within the building um I I think this project is consistent with the municipal land use law um it's appropriate signage for the uh permitted uh in indoor recreation facility and will continue to guide the appropriate use and development of the property consistent with purpose a I think it's also consistent with purpose I and will provide a um a creative development technique and good good design here again I think the signage is appropriate and consistent with the overall um kind of mixed use uh district and Commercial District that's that's being created here within the Edison Town Square area um as far as the variance for Lea itself um I do think the benefits here would outweigh the detriments U meeting the C2 flexible standard uh um as far as the the variance relief um going to the negative criteria I don't see any substantial detriment to the general welfare here again it's an appropriate signage consistent with the overall theme um the kind of the cluster of uh commercial facilities with the uh Top Golf and the supercharge area I think it's overall consistent with that that branding and type of use um the the nearest residential neighborhood it's over 800 feet to the north so I don't think the signage will even be visible from any um sensitive areas um the signage will be internally illuminated but it will not be flashing or or moving in any sense so I don't think there's any negative impacts there and then um I don't see any uh nuisance impacts as far as glare on adjacent properties it's really surrounded by parking lots and internal driveways so there's no sensitive neighbors directly next door um likewise I don't see any substantial impairment to the Zone plan or zoning ordinance again this is permitted use it's appropriate signage and overall promotes the purpose of the the Redevelopment plan and master plan for that matter um with that I think both the positive and negative criteria have been met here um and if there's uh unless Mr Rakin has any questions for me uh that would conclude my direct testimony thank you I have nothing else for the witness so I'll turn over to the board thank you all right so Mr uh have you received the bignell planning report yes I did uh receive and review all right and you're willing to comply yeah there were let me take a look at it I don't believe there were any conditions other than asking for testimony on the uh supporting the the variant let me reread this yeah certainly will comply with PRI conditions of the prior approvals uh we'll pay outstanding taxes or I don't I know that there are any but uh yes we can comply with anything in that report Mr mcau yeah that's all we have we don't have any objections great thank you okay does the board have any questions Mr chairman it's going to still lead D to Dawn whole night uh that's a good question the lighting or the the the signage would be on I believe it's timer I'm sorry believe it's on a timer so during the hours of operation yes I got one so so it's only Beyond during hours of operation it'll turn off when the it sounds oh so it stay on beyond the hours of operation to you know I I guess I don't know that we have a definitive answer to to that but if the if it's the board's preference we would agree to have it shut down maybe at uh 1 p.m. uh I know there are other there are restaurants in the area Top Golf is certainly open and and illuminated Beyond those hours and with the room one lighting I don't think the lighting is going to have any impact whatsoever Yeah question M BR uh the application uh ask for two signs so there's going to be two of these signs on the building one in the front and one in the back or where are they well I it's not so much the and the back I think it's the it's a north south facade so one's facing the Chick-fil-A that's basically above the entrance into the facility and then on the back side of the building a little bit higher up facing the top golf is it's a little bit of a larger sign again both of them say indoor skydiving right so I think it's a South and the north if I if my orientation is correct and the one facing we'll use that description the chick-fil in the South that's over the door it's not at a very high elevation the one on the North End which will be facing Top Golf is higher on the building but again you know it's facing Top Golf and I I suspect and based on Mr uh Bellamy's testimony that the impacts would be nominal if anything all right that was my question okay just no okay so I just wanted to just confirm I know that you're 800 feet from the nearest residential um I just want to confirm so that is on the record there will be no light spillage onto any residential property it will not be illuminated or even seen by any residential property no in my opinion no and there's there's actually no signage on that facade facing the residential neighborhood North had to get it on the record so we've we've been through that before thank you any other questions yes Mr shair Cher um so page three uh you have an architectural exterior sign is that part of the application is that just like an additional supplement oh this is you know what yeah my apologies that's that really isn't part of this this is this is iies signage that's going on the monument sign at the front of route one which is already permitted yeah so that's that's extraneous to this application that's part of the overall signage package but not pertinent to this application makes sense thank you good question all right any other questions okay thank you Council you have any information no I don't all right so we'll now go to the public anyone within 200 feet of subject site wantan to be heard if you're within 200 feet receive noce VI a certified mail seeing none we'll go outside 200 ft seeing none can I get a motion close public portion motion to close public portion a second motion made by Mr Patel seconded by Mr Sero all in favor signify by saying I I oose nay the eyes have it public portion is now closed um you have any submiss or go to the board no all right I think we've covered it all right so we'll go to the board Mr chairman Mr D I make a motion to approve this application applicant will comply with the engineers report um this is a very diminus request it is not a detriment to the neighborhood uh it's not out of character with the cluster of tenants at the premise there are no objectives um this motion will this motion will incorporate all of the testimony of the applicant attorney planners engineers and member of the board as testified may I may I ask a question or I'm sorry to interrupt but I think you said the outset compliance with the engineers report I don't believe we got an Engineers report uh the Mr Bell's report that's what it is yeah okay I'm sorry I just wanted to be clear that I wasn't missing a report absolutely yeah thank you motion made by Mr dve second by Mr Patel roll call please Mr chabra yes to the motion Mr Sero yes on the motion Mr Baron yes on the motion Mr Patel Mr de yes on the motion and chairman kumbo yes on the motion unanimous approval congratulations thank you all very much and if you need if you need the sign to be inspected from inside the facility from the iFly Mr a he volunteered to uh right to to do it on behalf of the board and then report from the top of the uh of the tube exactly exactly anytime thank you all right uh see Madam Secretary any other business come before the board this evening that'll be all this evening seeing none can I get a motion to adjourn to Second motion made by Mr second by Mr Sho all in favor signified by saying I I day you guys have it where stands a Jour thank you very much everyone see