e um but I'll let you read that I'm just gonna just started out and we'll do that okay good evening this is a regular meeting of the monair township planning board notice of this meeting has been uh published in the Monclair times and the Star Ledger as well as posted on the Monclair Township website uh and the bulletin boards outside the municipal building all of this is in accordance with the open public meetings Act of the state of New Jersey um I'd like to start with our roll call uh Mr borof here Vice chair brodok is uh excused Mr Campbell president Mr Graham here Mr Ortiz is excused Mr Pierre president uh councelor Terry here Miss Willis here and Mr Jacobson is excused and Mr nean here okay uh the first order of business tonight um is we have to elect uh the chair and vice chair of the planning board um our vice chair is not here um and the chair resigned as of the last meeting so I do know that we have a nominating committee that has met uh Mr Terry or councelor Terry and Mr Pierre uh does the nominating committee have a recommendation yeah we're going to make a recommendation that we have uh Keith bodrick as our chair and Michael Graham is our vice chair okay and I know that Vice chair brodok has agreed to accept the position of chair of the planning board is there a any discussion well I'm very pleased I think that we've got excellent leadership to take step right into the seat and um I'm very pleased with that thank you so I appreciate that okay she was talking about the chair I know I was talking about the chair and she did look at me art so I I was looking him dead in the eye well I do appreciate it thank so do we have a so do we have a motion to appoint or to yes to appoint John uh Keith broock as chair and Michael Graham okay Movement by Miss Willis second uh second by Jake Mr Neiman all in favor I opposed extensions great and congratulations thank you all very much I appreciate it I just wanted to say briefly I didn't get to attend last week's uh last meeting with chair win and um you know his presence the absence of his presence is really felt and um it really was an honor uh his wisdom knowledge demeanor the way he conducted a meeting um I know the chair and myself will do our best to continue that tradition so thank you again very much I appreciate it and we'll miss chair one very much so uh with that I think uh we'll start with the opening statement um good evening and welcome to the June 10th regular meeting of the township of Montclair planning board in accordance with the New Jersey open public meetings act uh adequate notice of this meeting has been provided by posting a copy of the notice on the first floor of the municipal building and by sending a copy to the newspaper designated by the township for notices the meeting is being broadcast live on Channel 34 and is streaming live and will be available on demand on YouTube this meeting is a quasi judicial proceeding meaning the board has powers and procedures resembling a court of law and we are obligated to objectively determine facts and draw conclusions from them in order to provide the basis for an official action any questions or comments must be limited to the issues of what the board May legally consider in reaching a decision and the decorum appropriate to a Judicial hearing must be maintained mained at all times please be advised that this is a no smoking facility uh fire exits are to my right your left and the back of the room where you entered as to the order of the evening each application hearing begins with the applicant or their attorney giving an overview of the application and the variances that are required if any we then hear from any expert Witnesses the applicant may have to help explain the application and why variances are required the board members may ask questions of the applicant the attorney and their EXP expert Witnesses if you are a member of the public uh if you are a member of the interested public but not a witness in the case you will have two opportunities to speak at the end of each witness's testimony you will give be given the opportunity to ask the witness questions about his or her testimony that is not the time to tell the board what you think of the application to ask questions you will have to come to the front of the room give us your name and address and then ask your questions related to the witness's testimony only after the applicants Witnesses and any objector and objector Witnesses have been heard members of the audience will have their second opportunity to step forward at that time you may express your opinions positive or negative about the application comments are generally limited to 3 minutes per person an additional time that the public may be heard is when one or more residents present to the board as an objector to the application objectors may be represented by Council and pres present their cases including including independent evidence and Witnesses for the board to consider after the applicant has finished its case different from public comment objectors and their Witnesses are expected to present evidence for the board to consider as opposed to their to only their personal opinions and will be subject to cross-examination by the public and by the applicant after completion of the applicant's case objector case and public comment the public hearing is closed and the board members discuss the case and vote you will be able to listen to our discussion but you will not be able to participate so I believe the first order of business was the roll call we've already completed that um the report for nominating committee we've already completed that for position of chairperson and vice chairperson so uh we have approval of the minutes from May 20th 2024 I haven't received any comments to the minutes from uh May 20th which is probably our shortest meeting ever so is that a motion to approve Carol yes second okay all in favor I opposed extensions exstension okay great okay I see we have no resolutions uh there are no uh there's no old business so we will move to new business application 2817 260 Bellview Avenue Belleview theater prer Le whatever your preference is work you can sit just please just please make sure the microphone is turned on uh before proceeding it's little is the green light on green light okay it's good thank you thank you Mr chairman Angelo saell Jr of the firm of pyro Zen saell Paris and Jenner Tempo the applicant the green light's not on I don't do you want to try the handheld behind you so you can still stay at the podium yeah I can it's working now oh now it's on now it's lit I'd start by saying that uh on behalf of the applicant my office has affected service on all Property Owners within 200 ft the notice of our application was published in the Star Ledger and accordance with the m luse act I have delivered affidavits a service and affidavits a publication to the board secretary so we're ready to go I'd like to begin uh because this is a very longstanding situation is the best way to put this as I'm sure most of the board members are aware this theater has been closed since 2017 uh that was a and since then the movie industry was substantially impaired by the pandemic but through that all the applicant who's here tonight has remained committed to the goal of reopening the theater and preserving the theater and that's really why we're here tonight to do that um that goal was shared by the planning board because the planning board recommended to the governing body that this property be designated for redevelopment the governing body agreed with the planning board's recommendation so the property is subject to Redevelopment Redevelopment plan the application before the board tonight is in compliance with that that plan we do not require any variances at all we are only here for site plan approval I just want to say that the in my opinion and I more than an opinion or belief the approval of this project will have a very positive effect not only in reopening the theater and preserving it as an historic structure but also a boon and a benefit to surrounding retail uses economy especially the plaza which is as you all know very close there four we believe this will be an economic engine for those businesses we have submitted through our architect responses through the uh various planning reports that have been generated by board staff um I will have a representative of the applicant available at the end of our case should any questions be directed towards him other than that unless the board has questions for me I would like to bring up our architect does anyone on the board have uh questions no okay please proceed you could say can he stay seated of course yes absolutely whichever you prefer there even a handheld if you'd like to uh Point anything on the screen um before while he's doing that um Janice wanted to tell us the uh exhibits Mr thank you we pre-marked the the exhibits for the application so let me just read what they are M A1 is the application A2 is the certification of taxes paid A3 is the proof of publication A4 is the Affidavit of service A5 is the survey prepared by pronesti dated September 27th 2023 A6 is the site plan prepared by rhg architecture and design dated June 1st 2024 A7 uh is the engineering drawing prepared by Brian Leb dated March 5th 2024 A8 is the report from the development Review Committee dated March 11th 2024 A9 is a report from neglia engineering dated June 2nd 2024 A1 is the report from the planning department dated June 4th 2024 and a11 is the report from the historic preservation commission dated April 29th 2024 um Janice I noticed that on the website there um there was an application back in uh I don't know two two or so years ago and I think it's oro oro yes um and there were a number of documents uh are we treating those as those are prior iterations unless there's something you want me to add I didn't really want to add prior iterations of the plan because it's gone through many changes right so there's nothing to bring them in at this point so Mr spelli you've heard all the the exhibits that are being marked or that were actually pre-marked you agree with that uh list or do you want to add any or subtract any no I I'm fine with it I will will mention though that there was a response uh the board staff had asked for a response to some of the comments and that's in front of you now but it doesn't have to be an exhibit is the plan that you submitted and that you have um on the is that the same as the plan that was submitted or is it there's a change to it including the changes then I think we need to mark this as A2 this is the letter and the updated plans yeah you want to mark them together changes yes there's some minor changes and it's a letter from rhg dated June 10th okay that'll be 812 okay uh right together the there goes together yeah okay Mr Yan sir do you solemnly swear the testimony you're about to give will be the truth the whole truth and nothing but the truth I do would you please State your full name and business affiliation for the record uh sure Brandon youngan I'm with rhg architecture plus design I'm a senior project manager you can move that microphone closer to you and I and if you could just speak up speak closer to it so we catch you on the tape Brandon young with rhg architecture plus design I'm a senior project manager the address R 491 Bloomfield Avenue mon cler Mr Yan will you share uh please share your qualifications with the board please it's my first meeting so thank you uh I'm a registered uh architect here in uh the state of New Jersey is that the same thing as being licensed uh yes okay we'll accept accept uh just before you do that um we're going to accept him as an an architect an expert in architecture yes great thank you thank you mam will you just give an overview of the project to the board uh they have the plans but I think you should run walking through it that would be helpful uh yes sure so previously you have received the fullsize drawings and in front of you what I have just handed out are the revised sheets to pick up comments that we have just received uh about a week ago um and all the changes are highlighted and um on the half siiz drawings that you have um then overview of our responses to the comments that we have received from the planning board from the engineers report and also from HPC um a summary of those responses are um for the retail space we have adjusted the window sizes so that they're a little bit wider and a little bit less tall um so that they would match what uh the storefronts are typically would look like in Upper Monclair and also all the entrances for the retail spaces are wheelchair accessible and we have shown details in our drawings of how they're being done um as far as for the apartments the layouts are for illustrative purpose only the final design and the required calculation and Analysis would be part of the permit filing once we get the approval to use the space for uh residential use an affordable housing requirement as mentioned in one of the reports is waved I was back in uh February in the DCR report and for the facade treatments the wall mounted light fixtures they're all updated now per HPC comments that the lights on the east side they're all at the same height and they are below 15 ft so it's in full compliance with the m CL code section 281 8.3 and the East window the windows on the East facades they have been updated to match those on on Belleview Avenue to be sash windows that's one of the HPC comments and the mural uh procurement process that's spelled out uh in the proposed scope on sheet 82 the client has work been working with uh Ria Mo Moi with Ria X gallery on b a on BW Avenue in Upper mon Clair um they have uh they few artists being considered they're developing uh the themes now and once the theme is in place then we can assess what's the cost would be like uh to execute artwork and the client's interested in looking for partners in that regard and it's hoping that the township and maybe the economic development coordinator can be a partner in this process and as far as the comments on the site the we updated the drawings to match the existing sidewalk with the survey uh there were questions about the width and the existing sidewalk is at least 5 ft wide and we extending the sidewalk in front of the proposed retail and matching it in width um it's going to be 5 foot wide as well and details are shown on the Civil drawings in the drawing sets uh provided and also we're adding um a wheelchair ramp at the end of the extended sidewalk um the rain leaders U all connected to covered drainage trenches in the sidewalk we also provided detail in the engineers drawings in the drawing set the existing west parking spaces they all get moved uh for about 1 and a half to 2 feet to create a 5ft clear pathway along the west side of the theater for exit and currently there's about 3 3 and 1/2 ft so we only need to move it for maybe a foot and a half to 2 feet uh and no changes in parking town is proposed to the existing parking lot we're leaving everything as is and the striping and wheel stop details that were asked uh provided on the engineering drawings that we just resubmitted and for the trash dumpster enclosure uh we're proposing to use solid walls and brick masonry and and we're not putting a roof over the top because we want the walls to be as low at 5 ft as possible and while being able to open the lid of the dumpster so the dumpster themselves would be covered and lastly screens will be provided on the rooftop uh for the rooftop units and once we finalize and know how tall the units are then the screen would match accordingly to hide the units so this is basically an overview of um the our responses to the comments and if you like and can go through the sheets and and the specific details if I'm I may add one thing Mr chairman on the parking spaces those parking spaces are not for public use um they will either be for the residents of the apartments or the um employees of the uh theater there's no public parking back there to get to those parking spaces you have to go through lot 30 however yes you have an easement of any kind we have already reached in principle uh a license agreement with the uh owner of the that property um it's in the process of being drafted for final review and approval um my office is doing it I will supply one as soon as it is signed by all parties and you said there's no there's no variance required for the change in the size of the of those parking spots no there is no okay so but the parking lot they're just size changes are just moving it back so adjusting the the striping okay the comments were they wanted a walkway and we wanted to provide a 5 foot walkway okay yeah it might help if we because the planning board hasn't I've seen these plans for many many years the planning board this is the first time that they've seen the I think it would be helpful to walk us through that yes go right yeah there should be a handheld microphone somebody it's under the computer on the second it's right on the second shelf is that missing some lines yeah I think the lights are may be too bright for the lines so you want me to turn the lights darker or oh there we goes mram what drawing is that a um this one is drawing a004 so in the upper leftand corner that is the existing access to the parking lot in question off of bellw Avenue and and on the screen here hope you can see it so this is the edge of the theater and the Shaded area is the pathway that we have created by moving the uh parking spots over by a foot and a half while maintaining the parking C and putting wheel stops and restriping the the parking spaces I believe one of the issues that we raised is that you can't have the parallel parking behind those 90° parking spaces there's not enough the aisle width is too narrow the the existing measurement that we took out there was about 14 1/2 ft and we're reducing it by like a foot and a half to down to 133 it's it's less than 15 ft which the township requires 24 ft minimum for 90° parking spaces so the fact that the existing parking spaces may be provided with 14 ft that's still not compliant and if I may off address that for a moment uh we don't own that property and we have no control over those parking spaces except for the ones that are by us all I'm saying is you can't I mean it's actually less than 14 ft a car cannot back out of those spaces without hitting the cars in the parallel so I don't know if that's in your agreement with this parking parking well at the time and Janna at the time we were negotiating the agreement we were unaware of that so I will certainly go back to the owners of that property and ask them about it I would note that we don't require any parking right at all so of course comes the worst there'll be no parking but I'm hopeful it would be better to have some parking for employees and residents I think the issue here is that not not so much as whether or not you're required parking but it's that you're providing it and should this board approve the application we're basically signing off saying that that's okay and there's no issue what I'm and what I'm saying is that I will go back to them and if they will not remove those parking spaces we won't have parking we won't have any parking if we were to remove those spaces would that cause an issue with the parking count no there is no parking well who's what's and I can you refresh our memory or my memory and tell the board what is the nature of your agreement with with the for the parking what we were what we agreed to do was in we would get access since several feet of the parking spaces are on our property as opposed to the neighboring property the deal the agreement would be that we would give them some parking on our parking spaces keep some for ourselves that would be the deal now again that agreement was reached prior to my being made aware that we you wanted those parallel parking spaces removed so I I will have to go back to them and say that if they want to continue to park on our land and use those parking spaces they're going to have to get rid of the power low parking and if I can't do that I will notify the board that there will be no parking back there that's all we can do we don't own that property so it is not for us to do I I think I'm I'm just a little confused there appear to be 10 parallel parking spaces in the rear that correct I don't believe those are 90° parking spaces there's what 90° parking spaces right yeah those are 90° there's only oh these are these are the parking yes there's only I was going to say I thought there was like four I think there four yeah one two three four okay three or four so but these but you're making reference to wheel stops these are parking spaces as well but can you can you um explain it with the pointer so everybody can follow along yeah I I was going to ask that Jan if we would put the pointer up sure see it on the screen so this is one parking space the 90° parking space with these being the wheel stops along here and then these are the parallel parking spaces in question our concern is Vehicles entering or exiting those 90 degree parking spaces will not have enough room to safely back out or even potentially turn in without there being conflicts as currently Illustrated if if the first space for example were left vacant could could you perform a kurn using that six not or is the dve is is the aisle with too narrow the aisle would be really I think it' be really dangerous yeah with the parallel parking spaces there again there's at maximum 14 ft and that's pushing it um and now we're talking about reducing it to 13 ft to 13 and change yeah so um and again the town ordinance requires 14 ft IND industry standard but to be clear if they were to eliminate those spaces we would not be in violation of any parking requirements no no I guess there's two options here you know because as Mr nean pointed out I don't know if you want to U read that section it says on-site parking is not required for the property 50% or more of the building is used as a movie theater correct correct that's correct and 50% or more will be used as a movie theater yes correct okay yeah this is more of a of a site plan issue and I think it was created because the Redevelopment plan um states that there must be unobstructed pedestrian access outside of those doors right okay now the way you show it here is they showed a 4ot wide pedestrian aisle question I have is do we need a full 4ft aisle along the side of the building well I think they're proposing 5T correct 5T well we're proposing five they're proposing 5et so that's why we had to move the parking spaces back right well I'm just trying no you're being would be to reduce the the walkway the width or to remove the parking or no if you if you can if the for for safety as long as we make sure that there's access where those doors are and they can go between the cars pedestrians the pedestrians it doesn't necessarily have to run along the side of the building so if that way you can move the parking spaces closer to the building but you have to design them so that you can get out through the doors space right so would first of all the access for pedestrians on this side is really primarily emergency erress right this is not expected to be day-to-day no no um and then but removing that walkway that turns it to that makes it 18 ft or so which is still 6 feet below but I think it's standable okay I mean do you agree it's out there that's what they have today yeah butan it would certainly improve what they have today um potentially okay but um I think the exercise still needs to be performed to confirm that you know with the parallel and yeah perpendicular spaces working together that there wouldn't be um you know significant issue there for given that now this is going to be a a residence um and likely you know a lot more traffic being generated uh for use of those parking spaces uh I think we need to make sure that are they in existing condition those parallel spots um they are they I don't know if they're striped yeah they are they cently striped out okay yeah so if we were to keep the site with the its existing conditions it could still function right all I would do even though it's not technically up to code all I would suggest is to restripe the the 90° spaces so that you have a appropriate egress at the doors if you so you right now it butts up this parking space is butt up right against the building you can't do that with where those doors are so you need to have like pads cuz the doors open out yeah right so and then you can allow make a design so people can walk between the cars to get into you know for emergency so they can exit the building it doesn't have to be a sidewalk so there are two exits correct is that what I'm saying two means of correct right but if I'm not mistaken did you say that you do not have control of these spots or you do not have control of the four parallel spots the four parallel spots I see okay where is the property line on that drawing roughly here and I think I think the issue of safe egress may also be addressed there's currently no Ada space provided along the along those 10 or so parking spaces I believe if that area directly in front of those doors are provided with an ADA accessible aisle and parking space yeah that that'll address the issue there'll be plenty of clearance that makes um and you'll also be in compliance with the ada8 parking requirements so solves two issues at once you'd lose one parking space but you could design it so that the barrier free is where that door is the double door there's another door I think you would just have to there's another one down here yeah you'd have to adjust it for both of those um maybe I should bring this up part of the reason because we looked at both options part of the reason why we ended up choosing have it have the pathway up against the building it allows us to install the exterior light to keep it illuminated would you be unable to do that if under the I'm sorry it would be a lot more challenging why the lights on the building isn't it it's build it's building mounted there there will be surface mount on the on the building wall yes then we have to figure out like because the light would have to throw probably about 20 some OD feet out now and maintain certain light level oh because the pedestrians are going to be walking further out you need more light behind the cars behind the Cars okay but that there's no issue because the beyond that is the train right the the rail and then Anderson Park right but we still need to illuminate the parallel just about right up against the rail so are there any lights there now are there any street lights there I canot speak to how many are there well would could you request installing the a variance to install the lights above 15 ft so that you could if it's higher up on the building it's not facing any residential homes no yeah install it high tall higher up on the building wouldn't that increase the spread of light sure can look into it yeah I would recommend okay well that would have to again then be it the board would have to grant us variance this evening for that that would be a waiver waiver yeah I'm sorry could you repeat who who would be using these parking spaces again it's employees and who else well the project is for three residential Apartments eventually so the thought was that would be parking for the people who live there residences and some employee parking got it okay thank you for for theater I think that's a better solution that rather than have a 5 foot you know walkway for emergency only I don't want to see you lose parking back there yeah listen I I certainly agree Janice because it's uh again the walkway was put in because we felt we had to comply so right Norberto the you you mentioned something about the Ada space correct where where how how did I I missed that whole thing how well by code the Ada space need needs to be provided at the uh nearest entrance to a building so my thought would be that it would be provided directly in front of those double doors which which provide the Ingress and egress into into the building along the building facade so that would be it's adaa accessible these double doors up there how will residents but how will residents get into the building they're not getting in through that those double doors that's just an egress there's th those are just uh egress exits for the theater space they're not entrances and for the and for the upstairs um residential tenants they would be coming down the steps going around the building to to go to the to the parking spaces they go around like this do you have any elevators in this building no no so if a resident need would needed a wheelchair there's no way for them to get upstairs those are not accessible apartments they're not accessible so the the handicapped parking would only be for customers patrons of the patr there but they could park there and then we go up the aisle to the front which but parking is not required for the theater I they know that it's just that when you provide parking you still have to meet the ADA requirements even if you're going to provide it if you're not going to provide any that's one thing if you're going to then you got to have you got so the Ada uh space would be by the double doors but what about would the solution be for that second means of egress the single door not sure I understand the question so the the single door you have the double doors we suggest that's where we place the ADA Compliant handicap parking space there is a second means of eress right it says edge of existing theater number three above how would we ensure you only need to Pro you don't need to provide an ex accessible Island yeah it's just but would would they be a would there be any hindrance to the door being able to swing open in that case you again you'd have to they have to locate the parking space so that there's a they'd have to put in a concrete pad or something to protect that door so it swings open and doesn't hit a car there'll be ball alerts on both sides okay basically metal posts just so that to allow door to be unobstructed and that space will probably have to be moved out a few feet from the from the face of the building uh not necessarily they just have to be go a little bit more North or a little bit more south and we put the metal post to make sure that no cars can park there and an obstruct the swing of the doors that that would be done for both set of the egress doors G given how um resident access is going to work uh would there still be a pedestrian walkway kind of on the top half of of the um basically from the start of the parking up to give them an easier path rather than having to walk either through a darkened alley or around the other building through the parking lot there will be light installed on the facade along the way here okay uh part of the access that we created to link up uh Bell viw and the parking lot is to create this illuminated pathway perfect yeah did you submit a lighting plan that shows that yes is on the following I believe it's a005 okay oh that was not in the handout I guess because there's no changes no changes in that so okay is on a screen here now so that all the light there will be a series of Lights here Illuminating the path from bellw all the way to the parking lot on the West Side [Applause] okay so I don't think you've talked about um the east side of the building or the gone through the apartments should I just go over the drawings quickly absolutely yeah if you have any questions let me know I know it's a little maybe a little bit hard to read on the screen so what you see here this is the front of the building on bvw and this is a stair that leads you up to the upstair apartment the three apartments that we're proposing and then this is is on the town RightWay this the east side of the theater uh what we are proposing is to put the retail space in what is currently theater one and opening up the walls um to allow three separate uh retail spaces over there and we have gone over and have um and looked at this with the HPC and we adjusted based on their comments of you know as I mentioned before ma maximizing the windows and and put a masonry bulk at below the window so the this matches what is typical in that part of mclair for storefronts and then we also added these sash windows to match what's in front to keep them the same vocabulary and we noted that the height of the lights so they're all about seven at the more to the towards the north because the sidewalk slopes down is about like it feeds is right above the door um and they all the lights are at the same height and all the lights are below 15 ft as I previously mentioned and then on the second drawing uh the only change compared to what we have shown you before uh we just added to address norberto's comment of where we putting the snow stockpile a bit up against the building at the edge of the sidewalk while maintaining a walkway for the pedestrians and on the upper leftand corner this is where you can find the description for the mural and the proposed scope of work can you show the board members where the murals are proposed um the on the east side of the building the future location of the murro would be on the facade here above the retail spaces I thought it was just one portion of that I thought showed um the entire facade to HPC back in April the whole thing is going to be a mural yeah or could be a mural could could be yeah okay would it be flat it looks like they're div divisions um those are existing structures that's separating yeah right so the anticipation would be that it would be flat for purposes of the mural uh yes maybe it's up to the artists maybe they'll work the whole the all the vertical go into the theme but that's yet to be developed yeah it's kind of a narrow it's a narrow driveway so it couldn't extend out very far right I think that the HPC and and in previous iterations of this of this plan there was a lot of thought that it's very ugly facade of that building it's concrete block and it would be preferable to make it a a work of art and that was their suggestion initially that wasn't the HPC but we agreed I think we had seen previous plans with murals were mural and we had agreed that was a good idea yeah so I thought it was a great idea and and by the way the economic development coordinator is willing to meet with you to talk about grants to do a mural program okay great okay and then we the client's also interested in doing uh some public art on the other side of the building the side that fac the railroad track the iteration I saw it had been some concern that it might be a sign was that is that still under consideration that was just for the illustr purpose we heard the com I know I was alone on that it could be you know it could be like a sign upper monair yeah but not Belle theater you know what I mean it might be like welcome to welcome yeah got it we would never allow him your old better and then the following page that is just a survey to show the topography and certain utility information um then that should address some of the comments that we have received in the engineering review report um this one might be a little bit hard to read we put this in um couple submissions ago to show the the circulation and how the people can uh exit the theater and to show that we have a continuous pathway around the building um the comments of like how we need to adjust the West facade is taken so we'll make the update which uh sheet is this this is a004 four the one that we had looked at previously a yeah and then the next one a005 is showing all the exterior light and the light level uh of each one of them that we have shown on plan um for the most part we're meeting the township requirements of the 0.5t candle um however on the East facade because of the buildings right on the property line we likely would need to ask for um some kind of consideration here waiver a waiver because there's no way for us just because the building's right on the property line and sorry what was that waiver for I just want to make a note uh for the light intensity level yeah yeah I believe the township allows a maximum of 0.3 foot candles along the property line so it's Z maximum 0.5 isn't it but when is that the property line is Oh okay right and uh that was on on the the west elevation on the east on East yeah on the town right of wayi and do we have any concern with that for the exceedence um given that it's along the driveway I I don't see an issue with that and on the next drawing a006 we're showing the three retail spaces and the three upstairs um residence the apartments uh the only change that we made was at the uh the highlighted part um just to we adjusted the sidewalk just to match the survey um the Contour and the shape of the sidewalk there were question in one of the reports about The whds so the existing width is 5 ft we maintaining that and extending the sidewalk all the way to the southeast corner and we added a wheelchair Ram at the bottom and the following page is just to show the upper a z07 is show the upper level of the duplex units the residential units and also showing the rooftop units and the revision that we have made in this past week was to add the screening the uh screen for the rooftop units on both sides the exact height is to be determined as you know we once we know how big the units are then will match the height to make sure that they're properly screened those units those units are for purposes of the apartments um these three units are for the theaters this one this location would be for the retail spaces for the for the retails I see yeah and the yeah the the apartment units would be somewhere here on the low Roof Is concealed you can't see them so those those units already exist so you know how tall they are these three already we know but this this here we don't know yet so just to make sure that we do it one shot and lining them up okay yeah and then the following page on a008 this uh we have submitted previously and just to show the different lights that we plan on using on the building facade to illuminate the pathway and also to be over the uh the emergency exit doors and then a009 is to show one of the the typical rooftop units that we're using for mechanical uh the profile of the storefront that we're proposing the color and also the construction of the uh the dumpster enclosure we actually do require a roof over the enclosure the concern is that not always the dumpsters are not always shut and particularly if it's in um a mixed use area like this where people can see the the dumpsters from above that's why our requirement is that there should be a roof over the top of the dumpster enclosure enclosure you might want to make it a little bit taller and put a roof on so you can actually get the dumpster in there now the this correct me if I'm wrong here the section that we saw was if it's made of wood then we need to put a roof over it but if it's made of the similar material solid walls it doesn't matter no matter what kind of whatever it's made of it still needs a roof the concern here is if because we still want the dumpster to have lids then we probably would need to raise the walls much much higher in in order to be able to open it on a daily basis well I think you'd probably want to have the walls higher people will be walking past there it's only 5T tall just say yes got what the attorney says I've been a planning board attorney a long time myself and just say yes that's not a problem sure um and then the following is the engineers drawings showing the various details that um that would address the comments that we have received including including um making the sidewalk thicknesses uh more I think it was increased to 5 and seven Ines per noberto comments and we're showing the Expansion Joints the trench drain detail uh the curb detail and so on that's a project so I have a question that's been go ever since I started reviewing this plan it's been bugging me when I go to a movie theater in I don't know Clifton or somewhere else and I walk down the hallway to get from the you know from the box office down to my movie theater I can hear the movies this pounding sound of movies as I'm walking down the hall way are people who are going to live in these apartment units going to feel the pounding of the movie the the sound of the movie is that something that has been taken into consideration um we haven't started looking into designing the units yet we're just hoping to get the approval for the change of use then we will start looking into it um there are ways to mitigate what I'm hearing is probably from uh vibration yes would you excuse me for a second I would just informed by the client that um between the theater and where we proposing to have the apartment there's actually an a 16in solid low bearing wall that should do the TR that that would help to mitigate yes that'll do it are there any uh further questions from the board one thing on suppose your could you give me a little bit more information about the parking for the apartments I understand that there is no requirement that parking be provided because it is the theater and it's 64% I believe not more than which is more than 50 but you are providing some parking and there's uh two two- bedroom apartments and one one bedroom apartment those spaces that you've been talking about how many exactly are there are there five spaces I thought you said there were four or what how many spaces are there there's actually well we we have to make an adjustment now there were 10 I think now there'll be nine okay so are these going to be assigned to the the the apartment is well the people who live in the apartment have an assigned parking space and those we need to have you speak on the you're going to squar them in well we can do that but if you want to convey yeah I I think the first three are certainly dedicated to the residential people um if I think it a lot will depend on who who rents and if they you know if there's more parking needed we'd like to keep at least one or two for employees of the theater of the first three one will become a handicap space so that will have to be adjusted as well okay and and when you say the first three you're using the the sequencing of the parking spaces as they appear on here on the plant cuz they're not numbered okay okay any further questions from the board Mr chairman yes um couple questions for me uh regarding drainage uh it's noted that the plans were revised to include trench drains along the Eastern facade um that connect to the roof leaders um I believe the Redevelopment plan specifically states that those roof leaders are to be tied directly to the storm sewer is there any reason why they can't be connected directly to the storm sewer and reason why I point it out is because in our experience um the trench drains work great when they're first installed um but over time maintenance is not kept with they become clogged with debris um and then it just becomes a nightmare down the down down the road and don't really function as intended so uh that that's our concern with keeping it as you know the the trench drain is currently before you answer that if they had to connect they would have to go underground and connect out where in the street in the right away yeah I believe there's a there's a catch Bas in right in front of the theater on Belleview Avenue and there's also uh actually a stormm sewer that runs through the property on the West Side uh of the building as well um yeah didn't we discuss at the DRC meeting about looping them into that catch Basin or or that drainage not sure the technical yes yeah that that was discussed so could you provide a little bit more information on that uh yeah sure so we have looked at that with the engineers and it on one hand is quite costly to have to do all that work and maybe not possible given it's an old building and the way we have to do is drain them maybe connect back into the building which they don't advise they believe it's a bad idea to drink it back inside the building and with all the leaders we would have to bring them across and collect them all to drink to those two spots uh from the roof and that that becomes a a visual challenge as well so we notice that like the properties at 254 at 255 and even at the current uh North West corner of the building we we already have a trench a covered trench string at the sidewalk and with a leader tie into it but actually at both Corners both Corners the Northeast and the northwest corner of the building so we're just keeping the same practice and do it on the East side as well okay yeah I think I mean in this case I think it's a little unique in the sense that the Redevelopment plan specifically states that they're to be connected directly into the storm sewer so I might defer Janice on this but I think it may require deviation if they're going to be just discharging at grade uh instead of as in the in the plan directly connected on the ground um but again our concerns remain with you know the maintenance long term those open trenches again they get filled with debris sediment you know leaves that get clogged up um you know so there's going to be have to be a maintenance program that's that's kept with to make sure that those remain functional I think the reason we brought this up when we did the Redevelopment plan is because we know that there are storm water issues in this area down particularly Downstream from this property and anything we can do to alleviate the flow um and that's why we thought that we can improve the existing storm water system by feeding it into the uh the existing storm water we can we can improve storm water management by feeding it into the existing storm water system rather than just flowing into uh the storm pipes the the what do you call it the curbs tie into the catch basins yeah yeah if I may I again and I understand what Jan said and um nothing is perfect um sometimes I think uh people tend to make the perfect the enemy of the good I think the project has to be looked at as a whole um I think it's an old building there are absolute challenges to bring it to where we want it to be and we're hoping that the board can look at that and give us a waiver on that aspect of it I am sure I can tell you I know my client there will be a maintenance program you can was the short of that he will be the landlord so is that a condition we can put on approval the maintenance plan absolutely oh or do we legally have the authority to make that condition okay as long asell comes down I'm sorry I stepped on his to it's just been I've been a planning board attorney so long I'm just like answer and and one last question um given that the site is partially located within a flood aard area um specifically where the proposed retail spaces or will be located um are there any I know you said you're still working on the designs um but do you foresee any potential like flood proofing measures being included for those retail spaces um or or not um I once we start designing spaces I'm sure we will look into those okay yeah at the moment not the this base elevation of those stores is higher than the base elevation I believe where Charlie Brown the stores where Charlie Browns used to be right because I think it as you go down towards the parking lot the elevation goes down it keeps on the east side right it keeps going down yeah right so it's it's higher than the upper mon CL I do know there's times when it floods down there and you see the store owners have to put sandbags out in front of their stores but you're at a slightly higher elevation so that's why we put this provision in here to try and do everything we can to reduce storm flow going down stream MH no further questions thanks any other questions from from the board any questions from uh the public okay are there any further Witnesses I have no further Witnesses M okay then at this time we will go to um comments from the public regarding the application um does anybody from the public wish to make a comment all right public comments are closed um if you wouldd like to offer your summation question Jan yeah I would just go back to my opening um has long been the goal both the township and my client to save the theater as an historic structure I think this application does that and will also serve as an economic boom to the downtown area and especially to Plaza and on those considerations I would request the board to look favorably upon the application thank you Mr chair thank you so much uh and with that we will move to the uh board deliberation um any comments from the board okay councel this um Jacob would you like to no I would just like to say that um uh I agree with your comments uh that uh this is an an important site for the municipality I think the applicant and um uh your architect have done a good job of maintaining the historic character of this building of updating its use um I think adding that retail space in what is otherwise um a dead zone in that retail section uh will enhance the area and overall um I'm personally very supportive of this project and all the professionals that I've worked with either on the historic preservation commission side or on the planning board side have um have been I've enjoyed working with all of them in respect the work that they've done all right uh with that I think uh we should go to a vote um I guess the motion would be to approve with conditions um all right I believe we have to go through these right I'm happy to go through them I think we were going to restrap the 90° spaces uh to make sure there's appropriate erass add an accessible aisle in front of the double door exits on the west elevation uh we were going to provide a a waiver for the lights on the west elevation to allow additional height uh so that they can illuminate uh properly illuminate the street uh we're going to ensure proper egress for that second means of egress on the west elevation that single door means of vress uh we were going to wave the light intensity requirement on the East Elevation or the west elevation East East East Elevation elevations okay uh we're going to add a roof to the trash en closure and um we were going to I think it was the question was were we going to was the height of the trash enclosure going to increase yes in order to produce or have a roof yes so the height we're going to require additional height on the trash enclosure and a roof and a roof and a roof and we're going to require a maintenance plan on the a maintenance plan for the drainage plan and a deviation from that provision in the uh plan Redevelopment plan and deviation for R and A deviation for the Redevelopment plan proposed drainage plan if you will all right so that's the the question the question will be on the maintenance plan what is it that will be sorry what uh on the maintenance plan um does the board have any sense of what should be required maybe even Norberto you could help us out with this uh on what kind of maintenance plan would be required I was making a joke about saell coming down with a snake you know once a year and snaking it out um yeah so the um the DP has specific standards with respect to you know typical maintenance uh you know generally require inspection you know over you know if a certain uh threshold is reached for rainfall event um you know just be inspected make sure it functions properly as well as um you know routine uh you know maintenance regardless of whether or not rain event has happened so that's something we can we can certainly work uh with with the applicant on and making sure that those those requirements are met excellent there something to be worked out with the ownership of the property there was something about some of the parking was jointly oned space with or something with the m oh we were going to maintain the existing condition of the walkway that I believe something that had to do with the neighbor and right that that I think was also a condition maintain the existing uh condition of the walkway right okay which would alleviate that that that necessity yeah yeah I would recommend that that the applicant submit a revised plan to the planning department for professional review prior to submitting your building plans you know and all these other items for resolution compliance based on on the conditions and the things we've discussed here tonight okay and I believe there's also discussion on uh providing the uh easement agreement yeah the yes I was just about to mention that yeah sounds like that doesn't I think so yeah so motion to approve the application with the conditions as stated I would second that all in favor I I all opposed abstentions motion carries thank you thank you thank you for your attention board members we appreciate it very all right so next uh item of business we have uh committee reports do we have any uh additional committee reports beyond the um election of the officers actually we're going to have to um because there's so I anticipate there'll be quite a bit of change and I don't I think we should wait to make appointments until the new Council comes to because there be probably three new members to the planning board at least so let's hold off on committee appointments until the new members come on board I think that's wise decision okay so um I didn't I definitely pulled bill but I don't see any other bills so I don't know were there any bills to be paid tonight B no bills so with that I would make a motion toour the meeting when you said you pulled my bill mean by that there's a motion on the table all in favor all right thank you everyone great congratulations meeting one for