The most debated issue of the night was the application by CNW Infinity LLC to convert a liquor store at 980 US Highway 9 into residential apartments. The board grappled with the implications of renting these new units to families with children, given the property’s proximity to a busy highway. Concerns about safety, particularly for young children, dominated the discussion.

Michael Paige, the attorney for the applicant, presented data about residential properties along Route 9, emphasizing that similar homes and apartments existed safely in close proximity to the highway. Chris TOA, a co-owner of the applicant, highlighted the economic necessity of converting the liquor store into residential apartments due to challenges faced by businesses in the wake of COVID-19. She also pointed out the existing safety measures and the lack of incidents over the years as evidence of safety.

TOA argued that parents would naturally supervise their children, similar to how they would at nearby establishments like Dairy Queen, which lacked protective barriers. “I believe all parents feel the same way,” she asserted. The apartments would feature separate entrances and a secure hallway.

Despite these assurances, a board member expressed skepticism, emphasizing the difference between children living permanently in an apartment and those visiting a business for a short period. The member pointed out that the latter scenario typically involved adult supervision, whereas a residential setting might pose greater risks.

The board considered the legal nuances of imposing rental restrictions based on familial status. Federal laws prohibit discrimination against children, complicating any efforts to restrict rentals. However, it was explained that as long as the property is owner-occupied, such restrictions could be legally applied. This led to discussions about the implications if the property were to be sold or rented out through a realtor.

A potential solution emerged in the form of a “durational variance,” allowing for a temporary restriction that would only remain in effect as long as the property was owner-occupied. This approach aimed to address safety concerns while complying with legal requirements. The board also discussed formalizing the conditions of approval in a legal document recorded in the chain of title.

In the end, the board unanimously approved the application with the stipulation that the restriction against renting to families with children under 18 would remain in effect as long as the property was owner-occupied. The resolution included provisions to ensure that any future sale of the property adhered to these conditions, addressing the safety and zoning compliance concerns raised during the meeting.

Another notable application discussed was Case 2410 for property located on Patent Drive. The applicant, Walkman Yellow from Paul, New Jersey, sought approval to maintain the existing driveway configuration while constructing a house on a previously vacant lot. The proposed driveway required a variance due to a side yard setback of one foot, where a five-foot setback was typically mandated. The board confirmed that the driveway would not interfere with neighboring properties and unanimously approved the application.

Case 2413 for a property on Embroider Street involved an application for a swimming pool requiring variances for side yard and drainage rock setbacks. The board confirmed that the pool, which would be in-ground, met all safety requirements, including the placement of pool equipment and fencing. Following a brief public comment period with no responses, the board approved the application unanimously.

Lastly, the meeting addressed Case K 1612 for Clyde Auto Recycling. The attorney for the applicant, Peter Clauser, provided an update on the status of a previously granted use variance and requested an extension due to pending county approvals. Despite the project’s readiness to proceed, the board agreed to extend the application period for four months to accommodate the county’s timeline. The board emphasized that construction should commence by January 2025, pending any weather-related delays.