##VIDEO ID:0EDmncyebn4## I'm making this announcement in compliance with the open public meeting act being chapter 231 Public Law 1975 the laws of the state of New Jersey the planning board secretary has prepared a schedule of the meeting of the planning board of the burrow of kennworth for the year of 2024 and has posted a true copy of this schedule on the bulletin board located outside the front entrance of burrow Hall and has mailed true copies of this schedule to the local source and the stall Ledger and is maintaining a copy of their schedule in B Hall accordingly the notice of requirements of the open public meeting meetings act have been satisfied in regards to this meeting can we rise for the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands under God indivisible with liy and justice for all can I uh can I just take the floor and ask everyone to stay standing for one minute as you know today 911 uh we pay tribute to all our fallen heroes and their families and our friends for our loved ones who has have passed and we're still suffering that loss every minute of a day so 23 years ago today we all had a different look on our face and if we could just have silence for 23 seconds seconds that would go a country mile thank you thank you very much roll call please Mr here Mr David here here Mr here Mr mat here Mr Mr here Mr here Mr D Mr okay um I'm going to ask everyone to please make sure their phones are off and when you come to the mics if anybody does come to the mic to please speak loudly clearly so we could have it recorded and uh we'll go from there uh is there a motion to approve the minutes of July 11th and the meeting of July 17 I'm sorry um moved by Mr clti seconded by Mr DeLuca all in favor okay so we have some new business here it's the preliminary and final site plan is uh Tachi group Lilia 740 Boulevard lot 7 block4 evening M excuse me could he speak up a little can Mr Mr H um can you please speak up a little so the audience can hear you maybe Kathy we okay with notice and publication thank you yes this application no notice sorry we did anyway yeah uh representing regular restaurant they purchase the property across the street demolish the structure that was there proposing a new parking lot for employees and ballet um and I'll have Chris explain a little bit about that we did receive both your planner and Engineers report and have no problem complying with any of those terms conditions our engineer a will take us through in more detail that but it's fairly simple application one of the things I did confirm Mr O'Brien that ancillary wellside parking is permitted as long as 200 people in primary use which we are in this case so and there's some suggestions about Crystal t on lighting Landscaping hours of the uh of the lighting so I'd like to uh with that again appreciate the for professionals and staff for their time so I'd like to call upon CHR war and tell us a littleit his proposal right I'm sorry I was going to ask if we could swear them in and maybe our professionals at the same time and get this all moving don't do that let me um let me swear in Kevin and Christian gentleman with regard to the applications and hearings on for tonight that you swear your testimony shall be the truth thank you for the record planner and our board engineer and if you could raise your right hand with regard to this application do you swear the testimony you're about show you the truth yes sir can state your name and spell your last name please uh first name Chris last name toi to CCI and Chris is with a CIS CH RIS CH R thank you great soash obviously you're well familiar tell theard a little bit about I think everyone knows a little bit about your restaurant and how this this will assist in your operation sure so it's my brother we opened up Lilia in 1997 uh this month we'll be celebrating our 27th year there um owner operators were Hands-On were there all the time um so basically uh what we Our intention is is for overflow parking and for employee parking to use a lot across the street um it's getting tight in that area now there's a lot of stuff going on so when we found this opportunity to scoop up this property it was definitely a no-brainer for us um we're basically you know it's going to be mostly employee parking and some valet um and we're going utilize you know proper lighting and and Shrubbery and you know Ed's going to go through all all that um and I know one of the comments from both your engineer and architect I'm sorry engineer and planard employees using crosswalks uh same with the valet using the crosswalks um you know when when when when we are using Val across the street there's there's going to be multiple valet so it's not going to be one guy so there's you know there's going to be three or four guys when we reach that you know when we get to the holiday season and stuff like that so they'll be it's you know it's we're limited on parking we have deals with Joe uh with Frank M next door um we have some deals with access storage this just gives us a little more wiggle room especially for the staff um and with um uh LJ uh selling that other piece of property there we just wanted to have a little bit more moreing and then again Landscaping additional lands Landscaping I saw in the notes they wanted some trees by uh by that Back Fence I've actually already talked to the the uh woman who owns the property directly behind it not a problem with that she even said you can put on my proper but I'll work out the logistics on that but whatever needs to be done and lighting off hours off hours and you know I even saw in the memo you know if we can dim them a little bit earlier and turn them off completely it's not a problem we're at the hours of operation are 5:00 to 9:00 Monday through Thursday 5:00 till 10 o'cl on on Friday and Saturday we're not going to have in we're not going to have uh customers cars there after 8:00 because by that time the restaurant is cing out so anything that is over there is going to go back into our lot anyway uh employees they'll be out around 10:00 and they great this time okay um does the board have any questions for how do you pronounce that Tachi Mr Tachi no nothing right now uh so we'd like to hear from Mr de I guess no and when you get comfortable if you could raise your right hand please you think we should put it over there they not you know what I'm just wondering do you think uh Greg you think it would be appropriate he came up here with that and so he could point to it this way and so it could be seen and everyone can see do you have a problem with that Mr de yeah he can stand right here I'll move this table and then this way everyone could see what's going on what do you think I think it'll be easier St and you could yell at them from there just as [Music] EAS much better much much right with regard to this application do you SAR the testimony we're about to give shall be the truth I do state your name by your last name please Edward M initial S namec uh the board has previously qualified Mr deck many times I'm assuming if there's no problem we can just thank you very much Mr deck obviously you're well familiar with this application you received the professionals reports if you could please provide the board with an overview of site plan that you prepare yes as Mr explained uh what we're doing is utilizing a lot where a building was occupying it previously totally it was either building or pavement it was 100% prvious the building had a fire and then uh Mr toi has some explain decided to purchase the property in order to help his parking situation on the opposite side of the street on on this page here is the tile we have 200 R we have Property Owners within 200 feet we also have the zoning chart along with the photograph and the Zone U that the site is located there which is um the business Commercial District on sheet two is an existing uh configuration plan of what was there prior to the building being see the building and the occupy the entire uh site there's also a large expans of sidewalk between the C line and the curve line on the boulevard the existing Ingress egress for the site that was previously there will remain as where will be occupied by the then we go to3 which shows uh a couple different uh sketches the one on the right shows how it would be uh eventually developed the one in the middle shows what was there before and how it was going to be demolish and the one on the right is the lighting plant on the one only to the left which is uh the site plan shows uh 10 parking spaces plus five attend um parking spaces for the employees another one two 3 four five parking spaces to be used for valet purposes the uh lot itself is 50 ft wide we are using the uh easterly side for the uh employee parking which will be occupied by 9 by 18 parking wide parking stalls we're showing two handicap stalls requirement is only one uh we were the engineers report suggested that we could eliminate which then might create another parking space which we will look at and if that is the uh uh result we will definitely add an additional space um on the property we have the uh Valley parking as parallel parking and those are eight by 19 ft again this is a private parking lot this lot is not going to be used as a lot by pedestrians or people who are coming and going to a site it'll be used only by certified Viet Services they'll be able to drive the cars in and out and the reason I'm pointing that is because once we have cars here in the valet section and cars here in the employee section we only have 15 ft of travelway between the edge of end of St to edge of so um the required parking with forway aisle is 24 ft however again since this is a controlled parking lot with the valet attendance maneuvering Parts in and out they will be able to navigate in and out of the property move whatever cars are needed to access whatever area they need to go into or out of so that is something that is accounted for at least in a way we configured it and uh figured that that would be a workable solution and again what we have part is a 24t wide de press curb which would be the inv erress of the itself we are proposing lighting you can see that far right plan uh two light PS and we're um meeting the minimum there is a section at the lower souly end of the property where our lightens just fresh up the property line uh we are going to take a look at that as a comment made by both the planner and the engineer and we will be taking into account the dimming of the lights as suggested and then we are also shutting the lights off at the end of this St so we can also in the area where the light that both lights actually we will make sure they recess lights so the uh light source will not be seen from joining properties and plus we would seal one that's towards the rear of the property make sure there's no visible light source from um we will provide comment or recommendation by both uh the board engineer and planner we are showing Landscaping here on the right side of the uh property I we're doing that just to have some sort of delineation between our lot and the adjoining lot which is the umary hospital uh the comment about Landscaping in the rear Mr toi said we can put something in that rear area however as you can see um we have we have room for that but he spoke to the enjoying property owner and U they felt that they would be happy to have the Landscaping on their side of our fence as opposed to on the parking side of fence as Mr said he'll discuss that and make a final decision with the join property um that really is the extent of the proposed approv U point out that we will have less impervious coverage than we had before uh we will be meeting the criteria set forth in the engineers or Engineers report also the planners report we will propose some additional inground detention and an inlet to catch the runoff of this pavement area again we are already at a reduced uh runoff coefficient or area but even make that even a better situation with that andal thank you Mr deck Mr chairman board members no further questions at this time any you board members have any questions for Mr deck oh enough for Mr deck no oh enough for Mr deck okay um I guess we're fine okay Mr you want to I I think so Mr it's probably directed to Mr taji want to hang out Mr Dex just wa can you confirm that the lot is for the sole use of your corporation the gilia and for no other purpose and and where I'm going with my question is you have a couple of apartments in the area and potentially a new apartment building getting close to your property and so no one will be allowed to park overnight or anything like that your except for my employees and my yeah okay and I think there was a request for signage I had a com about signage for uh Li par good question that's it yep that's it thank you anything else no we have nothing further this over question appro a question when appropriate it's you're good to go I'm ready to go very uh Mr three times I was ready to go uh can you take the light standard that you're proposing and the uh wattage of the LEDs and reduce them I know it would be below standard but we really don't need much light there I have no objection the app has no objection that could be something that board engineering I can discuss okay so your next go around maybe you can make a suggestion to us um I would definitely yeah we would work with theard thank you thank you so that's lit up like crazy over there now the whole area is like you know sort of Time Square yeah it is without the shows minimal lighting is fine we'll work with your board planner an engineer address that anyone else have some com obviously this is on the county road you're going to need County approval um so any signage that I think there's a couple signs that are located in front of the property that might have to be relocated and you know uh probably have to be addressed with the county as well as um I also had a comment about shifting maybe the depressed curve so it's more in line with the with the driveway aisle for the or if you just wanted to hit longer uh so maybe it'll be easier for valys to uh to come in and out and last um just replacing all the curving and drive W the usual recommendation by the count that's it is it from both of you Chris I have a question for you yes um there was some talk in town uh that uh someone said that they thought that there may be a booth there where your parking attendant may be inside like a small shelter that's not I don't see it on the plan but that's not anything in your it's really not necessary um I mean if you want us to put one oh no no no I'm just asking you know Scuttle butt yeah the Val normally just sit in their car you know yeah okay just wanted to clear that up anything else anyone else have any questions no none okay all right Mr deck thank you thank you okay maybe we should have yeah I just going to let Mr de clear out and I'll make my motion okay yes do this yeah yes it's about to have do we need to um sorry Mr chairman yeah okay I make a motion that we open this uh hearing to the public motion made by Mr D David second and by Mr mael all in favor hi okay anyone from the public wishing to speak on this application only okay seeing none oh I'm sorry please state your name and address for the record Mage 725 yes Mr Mage I couldn't see I couldn't see the is okay is that uh the across the street from L griglia yes where the uh next to the uh veterinarian what next to the veterinarian yeah right there was a fire in the building there they're knocking was fire yes all right so that's an empty lot yes okay the other question I have is will it be valet parking or customer parking too only valet parking for five cars and and the rest would be for the employees of Lilia restaurant okay so customers are not going to be able to park there by themselves no they cannot pull in okay because I have a concern about the traffic and Crossing correct okay that's all I got it would be of the same standard that Lilia holds now in their parking lot you can't just pull in there has to be a valley attendant put taking your car to the spot thank youcant employees thank you thank you anyone else from the public okay seeing none make a motion to close the hearing to the public second motion made by Mr David second by Mr Mao all in favor I okay um the board do we have any comments here uh about this application none see n pretty pretty clean application um is there a motion um I'm sorry vo on this yeah that's what that's this the stage we're at right now so uh yeah the thing is is that um before us was a plan that showed what exactly what they want to do it's in compliance they didn't really have to notice but they did anyway um so so now it's if it uh meets the criteria of our town and uh basically that's what you're voting on um it's it's a it's a very very unique situation you know a vote on something like this because some people may not like it but some people may but the thing is you have to look and see what our ordinances tell us to do if we we may all not like a purple house but the Ord says it's okay you know then we have to look at it from that perspective so we're voting on whether this standards no we're voting approving or either approving or denying the appli the application just approving or denying the application that was presented us tonight the testimony that we heard from Mr hell and Mr de and Mr Tucci was uh their entire uh statements of what they are proposing We Gather that information and then figure out how uh we are going to work that into this planning board and what we're going to approve or not approve for whatever reason so if if there is discussion more discussion you're welcome to uh as part of the a planning board member you're welcome to discuss that with us now that's why be we open up to the public first then we have our discussion and then we either someone makes a motion to either approve or deny the application pretty much yeah there has been no motion made yet no motion made yet because there was about to be and then you had some question but you could still ask the question I gu ask a question I don't I personally don't think it's valuable us space in the downtown district my question is since I don't think it's a Val space now I know my question was directed to do I have to vote Yes becausein say no no you don't have to vote Yes or no because of ordinances or anything you're your participation as a planning board member is your input is important that if you feel that it's not a good use for the downtown district then you have the right to yay or nay as we all do this is not uh if Kathy says yes everybody better say yes that's not how it runs it is what you feel the use of that land is is going to be used for I guess that's what I feel space in our district can you speak up Stephen I'm I don't feel that's aable use of space in our bus okay so that is your opinion does anybody want to talk more about that no well I'm sorry I I don't know whose's point the is mrri Mr O'Brien you got to raise your hand a little sure I mean I'll wait for the board to finish if you like no I'm I'm going to make a comment too after Kevin I'm pretty much very good the application in front of you is for a minor site plan right minor site plan means that it meets all of the requirements of the ordinance there are no exceptions so Mr Dunn is familiar as is the rest of the board with the standard of proof when you have in front of you meet the positive and negative criteria when there's a use variant are there special reasons for it there statutory criteria lat out this one is a bit more nebulous and that the criteria is far more General doesn't meet the standards of the burrow for General Health safety and Welfare of the citizens of the burrow not whether or not the use is appropriate because the use is allowed so that question is off the table uh but does it me those ual standards Health welfare and safety of the bur and that is a very large area that the board has got to consider as to whether or not this meets your general standards for any develop not specific standards like how far is the car set back how far lighting is this is not specific because there's no relief necessary okay just minor sitein go way to put it good way to clean it up thank you Luke no he hit the points okay does that answer your question Mr D yes okay okay Mr uh I'm sorry Mr scary I'm just looking at it with right now we have a long-standing business in town who keeps a beautiful piece of property who relies on other uh business owners to supply baring for him uh to support his restaurant otherwise he would have he would have enough sufficient parking and he' be forced to sell move or do whatever so we have a business owner to me that's taking a proactive step to probably had a pretty cost to himself to make that so it's not dependent on other business you don't know it's going to go on developing those other properties down the road um so I think it's you know good for the business and we that's technically we're here to support the businesses and help them however we can so you know I'd like to make the motion to approve this application with the conditions we've been talking about with the lighting and the landscaping and uh underground tension all okay the motion is U made by Mr sciri second you have to the second no I said we need a second Mr maio Mr maio made the second roll call please Mr berer yes Mr David yes Mr CL yes Mr maio yes Mr yes Mr yes Mr yes Mr Dua yes Mr D most okay thank you very much aate Mr thank you very much for uh continuing your business here in kennworth we really appreciate you thank you appreciate did you call Mr yeah it's not Stanley stanle not Stanley Stanley Jesus I just love this job okay here we go uh we'll give you a minute to exit there I guess good job okay um next up is the consistency consistency review for the master plan 2000 Galloping Hill Road Redevelopment plan okay so um in front of us we have Francis um first of all let me let me just read you this here this is the ordinance adopting the 2000 Galloping Hill Road Redevelopment plan consisting of block 181 lot one okay um before we go on to uh you sir Kevin just give us a just a quick briefing and then we'll turn it over need yeah Kevin sworn in yes want your deal thank you with to this matter do you swear the testimony you give shall be the truth I do okay why don't you uh state your name SP your last name please Francis Riner REI N R thank you okay uh thank you chairman uh as the board will recall this matter was the subject of a Redevelopment study uh that this board and our colleague Mr rer performed back in April May of this year that study was adopted by the governing body the Town Council and upon their adoption of that they authorized the preparation of a document called the Redevelopment plan that plan is the land use ordinance in effect for 1,000 Galloping Hill Road the former Merc property former sharing property and the specifics in this plan as prepared by by Mr Riner are the standards that are set for the use of that property and what's laid out in there are the uses that are allowed the bulk standards such as setbacks height um land right thank you very much landscape lighting things things such as that things like you just talking about withi and they're all laid out specifically in this plan your role in this uh is that the plan has been adopted by the Town Council as of last week every land use ordinance in accordance with the municipal L use law is then referred to the planning board for a consistency review and the board is to make a decision as to whether or not this plan is or is not consistent with our master plan as written so you're duty this evening after you hear the particulars Mr Riner is to decide whether or not it is or is not consistent and you will pass that recommendation along to the burough councel bless any questions chair no no thank you R Mr chairman members of the board thank you for having me here this evening Fran rer with DMR I'm here on behalf of the governing body uh as Mr O'Brien had indicated uh we have uh put together a Redevelopment plan for 2000 Galloping Hill Road Block 181 lot one uh I'll just give a brief overview that you heard a little bit uh this property was designated as an area in need of Redevelopment without condemnation uh in May the governing body then requested that we move forward with a Redevelopment plan Redevelopment plan essentially will represent new Zoning for the property current property is zoned O Zone uh if adopted the uh Pro the the new zoning would be this Redevelopment plan on September 4th we presented this plan to the governing body it was then referred to uh to you the planning board this evening uh to determine whether or not uh it is consistent with the Burrow's master plan what I'm going to do is you have a a fairly detailed report I'm just going to highlight some of the um some of the specifics about it most of the report has a lot of the boilerplate requirements that the state law requires in terms of uh the Redevelopment details in terms of uh the uh the plan components uh as well as general Provisions I'm going to start with on page 14 there is a list of permitted uses that would be uh allowed on this property that are identified with within this Redevelopment plan uh they include research and devel development Laboratories like Sciences like industrial offices which would include General Medical and business veterinarian facilities data centers warehouses Self Storage retail and Service public and private schools student housing public and private utilities hotels age restricted housing no market rate housing I want to be clear about that age restricted housing only no market rate uh and assisted living or long long-term care facilities there's also a list of accessory uses that are typical and common with any of those permitted uses I won't go through that list but that's also located on page 14 uh regarding the prohibited uses uh in our September uh fourth presentation to the mayor and Council um we had indicated that anything that is not specifically identified within this Redevelopment plan refers back to the uh ordinance of the barau uh the mayor council wanted us to make sure and asked us within their um within their ordinance to add language which specifically states that prohibited uses uh for uh for the manufacturing dist distribution and sale of cannabis would be uh prohibited M Mr rer if I could just interrupt we already have the ordinance in our town so why the redundancy uh I think everybody wanted to just kind of themselves yes yes so we uh seems like a waste of paper to me I I that was just done because uh it came up at the meeting and and they wanted to just ensure that that language was added just to keep everybody um happy about that particular so if you have to wear your seat belt ordinance we going to have that in there too okay uh in regards to the bulk area requirements which would be on page 15 of the Redevelopment plan uh the notion of this property which is approximately 108 acres is that it could and would be developed in phases so the minimum track area would be 10 acres meaning that if somebody came in for a site plan application as a part of a phase it would have to be a minimum of 10 acres uh and as and uh and it could be more than 10 acres obviously uh but the idea being that it's 108 Acre Site that they couldn't come in on a bunch of one acre uh site plan applications minimum 10 acres so it's a significant size that they would have to come in minimum lot area would be 10,000 square feet minimum maximum Building height would be 100 fet and I'm going to talk a little bit about that because actual uh there's a there's requirements to that height uh maximum building coverage 55% maximum cious coverage 85% you still have to meet all the njd requirements for storm water management uh so so although the impervious coverage is 85% you still have to meet all of the uh the new njd requir maximum floor area ratio is 1.5 minimum landscape open space 15% the minimum front yard set back off of Galloping Hill Road would be 40 feet minimum side yard would be 10 feet minimum rear yard would be 15 ft in regards to the heights along Galloping Hill Road I indicated that the um the maximum height on the site is 100 ft however uh if the building is set back uh 40t from Galloping Hill Road it cannot the building could not be higher than 60 feet if the building is set back 50 feet it can be between 60 and 80 ft and if it's set back 60 feet from galing Hill Road it could be between 80 and 100 feet so in other words you can't go and build a 100 foot building right on Gall Hill Road it has to there's a gradiation in terms of how far back you have to be in order to have a higher building the um the maximum buildable area for a warehouse would be would be ,000 Square ft if uh and I'm sure all of you remember there was a warehouse up at the front that warehouse was estimated in the plus 900,000 Square ft so this is uh would permit significantly less as a part of this Redevelopment there is an enhanced landscape buffer along uh Galloping Hill Road that's required loading docks along Galloping Hill Road cannot be faced in Galloping Hill Road they have to be interior uh to the site uh so again the the visual aspect of G Hill Road was important within this Redevelopment plan and the residential uses of of Assisted Living U and or the um the age restricted housing uh would have to be within 2,000 ft of galing Hill Road which means they could not at the near portion of the site we have listed uh all of the parking requirements by use so um I'm not going to go through all them because there's about 20 of them we did uh we did look at them in comparison to your parking requirements uh in the current zoning ordinance there are uh a few of them uh that are less than what your parking requirement is we we feel that that's uh your Park your ordinance also has and we put in here a shared parking uh analysis that would have to be presented as a part of a site plan application uh if they want to go below that but we believe because you were dealing with 108 Acre Site significant amount of parking m multiple uses on that site that um that having a somewhat of a a relaxed parking for some of these uses is appropriate you have this size site excuse me we've provided landscape design requirements as a part of the Redevelopment plan um we've we've required surface parking screening along galing Hill Road so that you have to have evergreen shrubs and perimeter trees so that when you're driving along gville Road you can't see an open parking lot uh that is not land skes uh and then we have we have specific number of trees per parking spaces we have screening requirements for dumpsters and recycling containers and solid waste handling areas as well as service entrances and loading docks so all of those things are included as a part of the Redevelopment plan so as I mentioned uh the the uh responsibility of the planning board this evening is to determine whether or not this plan is consistent with the Burrow's master plan so what I wanted to do was uh in rept we we identify uh the 20101 master plan as well as uh language in the 2022 and 23 reexamination studies and I want to go through those and say why we believe that this plan is consistent so in the 2011 master plan U one of the key issues identified uh that is facing the burrow back in that master plan was to specifically address the proper zoning designation for for the mer campus um currently Z o limited amount of uses that are permitted on that c on that uh on that particular site uh within that same 20101 master plan uh it identifies proposed uses for the or office research Zone and the proposed land uses in the master plan include office research District that will take the place of the current industrial district um and they include wanting to allow offices warehouses science and Research Laboratories manufacturing industrial facilities and public utilities and I think it's important to note that the Redevelopment plan provides all of those and then also provides add additional uses as a way to Pro allow for flexibility uh for the property to be developed over over time so so we believe that that U that the zoning and the permitted use is certainly meet that in terms of the consistency in addition the uh the master plan states that has charts the commercial growth in the burrow over the past 10 years uh has been fairly substantial but much of it has occurred in the uh Merk campus that's from 1996 to 2007 meaning that most of the commercial growth has actually been on that particular site as everybody knows M has left that site so the idea of putting zoning in place that would attract um uses and make that a more productive piece of property is actually consistent with what the master plan uh States and then finally a couple of other goals and objectives that are identified in the 2011 master plan uh regarding the industrial use was to promote the growth of industrial uses by taking advantage of area transportation infrastructure and again this property allows for those uses uh it is close to the guard State Parkway so we believe that that meets the objective and then the last one is that commercial under commercial goals and objectives to encourage the development of the bur's economic base by expanding the number of permitted uses to generate employment growth increase property values and promote Improvement of an underutilized properties and this uh plan does all of those things we believe it's consistent for the following reasons uh the Redevelopment plan encourages and facilitates the transformation of an obsolete corporate office campus into a mixed use development mixed use Redevelopment as permitted for in this Redevelopment plan would provide zoning that could transform the dated obsolete corporate office complex into a vibrant mix use commercial indust and Retail development and for those reasons we believe that the Redevelopment plan is consistent with the Burrow's master plan and and uh with then we'll be happy to answer any questions anyone have any questions in aoid Mr David Mr rer the uh building Heights do you know how they relate to the current buildings that are there you know yes yes so uh it's my understanding based on numerous conversations that there is a building that is of about 100 ft so so the max height would allow for the highest that's there current great thank you question on the uh permitted uses as far as the market rate units are age restricted housing units uh market rate can they be market rate they can be market rate but they're not you're you're correct I they they are age restricted deed restricted is permitted they could be market rate and with a mixture of uh low um affordable hous they absolutely could be include for hous yes yeah I I misspoke bying rate I me is is a restrict anyone else so we approve all we go back with this master plan we feel it's in the best interest in when they build a building they have to come back to us for each one or is it just now it's no longer because I I wonder if take come back here okay our Emergency Services all that is going to be overwhelmed with this and there has very little discussion if anything when this when and if this plan is put to bed um any applicant that's wants to build here it's the normal scenario they have to come here for preliminary final site plan approval whatever so uh I I will say that there there will will likely there will be a Redevelopment agreement there will also be a financial agreement and some of the concerns that you just mentioned are being discussed as a part of those agreements they don't necessarily fall under the zing but they but they are topics of conversation that the mayor and Council are are are concerned about and are looking and moving forward anyone else okay um you pretty much wrapped up I'm wrapped up Kevin Chris anything with you guys nothing further chair thank you okay um this is a bit unusual and I asked the attorney if I was to open this to the public he said said we don't have to if we don't want to but I think we might uh do the justice and open it up okay okay I make a motion to open uh discussion to the public motion made by Mr David second by Mr Clemente all in favor I I anyone from the public wishing to speak on this um consistency review okay seeing none make a motion to close the uh discussion to the public motion made by Mr David second by Mr L all in favor all okay board members you have in front of you um the uh applica not the application the uh if we are going to uh make a motion for this to be consistent with the master plan so we all had time to read it we had uh plenty of discussions about it so um is there a motion to move this forward I'll make a motion I we move it forward that's consistent with the master plan okay motion B by Mr L seconded by Mr Clemente roll call please Mr yes oh can I can I just make a quick statement and I should have made it before but I'm sorry to put this to you now oh I don't have to make it at this juncture I have to make it for the next one I'm sorry go ahead keep C yes Mr David yes Mr K yes Mr pantina I'm sorry Mr maio yes Mr Le yes Mr scary yes Mr D yes Mr yes Mr D yes Mr chairman members of the board thank you very much for your time thank you Mr we appreciate it okay next item up is a uh the traffic pattern review application number 23-3 uh we'll call it uh so we still have a problem with the address 70517 it's all over the place but we'll get that concreted in I just want to make a quick statement about uh this particular uh application here um we already heard all the testimony what we're here tonight doing is talking about the traffic study and that's what's we're going to talk about tonight in addition to that I'd like you to know that our board member Mr Clemente was not here for that but had time enough to review the documents read everything listen to tapes so he is also eligible to vote on this either yay or nay clear everybody got that so how many total will we have that are eligible tonight to vote eligible voters Kathy because one class one and class three cannot vote we have nine eligible votes can't seven seven yeah for something like we're acting as a zoning board for this for this matter okay yeah Mr chairman if I can just clarify so just this the board carried forward last month's meeting for the sole purpose of the fact that we had ordered our own traffic study so the applicant had provided their own traffic study the board wanted one um so we ordered our own and so tonight is for us to hear our traffic study correct yeah I just wanted the public to oh understand thank you for the clarification I didn't know I wasn't clear yeah so sure thank here we are thank you very much Joe Papo porio on behalf of natc donuts Incorporated this is the site located at 705 77 Boulevard that's block 124 Lots 1 and two um as was mentioned we uh appeared before this board at the July 11th 2024 meeting and begin our presentation just is a quick overview and summary this is a request for preliminary and final site plan subdivision and variance approvals uh to adjust the lot line between these two existing Lots replace the existing Duncan with a new Duncan drive-thru demolish the existing retail shopping center replace it with a multif family building consisting of seven units um including one unit which will count towards the buroughs affordable housing obligation the zon is BD the boulevard downtown district we are here for uh D variant uh deuse variance relief for both the drive-thru and the multi family and there's related variances and design waivers uh that were required as noted by uh the board this evening um we provided operational testimony from from Nick diamore at the last meeting on behalf of Duncan uh we provided engineering testimony from Brett scinet for both The Duncan proposal and the multif family development uh we also provided architectural testimony from TR Frank trillo uh for the Duncan portion architectural testimony from Mark Marcel for the multif family traffic testimony from Betsy Dolan and then finally we concluded our presentation uh with John mcdna our professional planner who addressed the the use variances and related variances and design waivers we were requesting for the proposal as was noted we concluded our presentation that evening on July 11th of 2024 however there was um some uh concern raised by the board or request rather that the board retain their own independent traffic expert to review our proposal and issue their findings um the board that evening did open up the hearing uh for the public to ask questions and make comments of all of our Witnesses and make General comments did occur at the July meeting um and again uh the meeting was adjourned and carried to this evening uh for the sole purpose of hearing the results of your independent traffic consultant um Mr trapman um prepared uh two memoranda that were uh submitted to this board and provided to our office dated August 29 2024 and September 6 2024 we've had an opportunity to review both of those documents um and we obviously we brought back Miss Dolan if there's any traffic engineer to traffic engineer testimony needed but we'll turn the floor over to your consultant um for his findings U and again I just wanted to thank the board uh for their attention and consideration at the last meeting we provided extensive testimony it was a late night so I did want to again thank you for that and uh for the opportunity to hear what Mr troutman's uh conclusions are based on his analysis okay thank you m good evening Mr chairman good evening you could stand up J um with regard to this application do you swear the testimony you're about to give sh you the truth yes I do Could you um state your name and spell your last name please uh yes J Troutman t r o u t m a n Mr trout it's my understanding that um you were requested by the board to prepare an independent analysis of the traffic you did so and two memorandums and um you're here tonight to discuss those does anyone on the board want or does mrar want us to go through Mr troutman's qualifications or well he's yes could you just give us a brief overview yes uh I'm a licensed professional engineer in the state of New Jersey my field of specialty is traffic engineering I've been practicing in the field for 37 years now uh conducting traffic impact studies for various types of developments as well as reviewing traffic impact studies on behalf of the planning and zoning boards that I represent and I've been accepted uh at numerous uh municipalities as a traffic expert but I have not had the pleasure of appearing in Kor thank you um can you please do me one favor and and just speak up because I don't know why tonight I'm having trouble hearing everyone maybe it's my age yes it is thank you sir thank you you have the floor yes uh so uh we we did a review of the uh traffic impact study by Dolan and Dean and what we do as part of that review is we just check everything for uh standard uh traffic impact study elements and proper calculations um Dolan and Dean are a very experienced traffic engineering firm they uh are very reputable reputable and they uh follow all the proper protocols in doing uh a traffic impact study so we we would we review the existing traffic counts that they provided we review uh their calculations of the traffic impact from the proposed development we review their calculations on what the future operating conditions would be and uh I think the most important aspect of our review which was specifically requested was for us to do our independent observations of the situation that's out there at this corner at Michigan and Boulevard uh once schools had reopened and once normal traffic traffic was back to normal which uh I experienced this morning on the Garden State Parkway everybody's clearly back um so we we did we did uh the review and and put out a review memo with all of our comments on the plans and the study that had been submitted and I think the more important memorandum is the the second memor random which I'll get to about what we observed out there and how that relates to uh the application that's before you um briefly from the from the first memo um one of one of my assignments I needed to get up to speed on what you all heard at the first hearing and I did that by talking to your professionals I had several questions about uh what was agreed to what wasn't agreed to and I think I was able to get an understanding of where where things were by the end of that night um one of the the key elements to me would be uh some of the changes to how these driveways uh operate today and my understanding is that the applicant has agreed to uh turning restrictions at the proposed driveways meaning you would not be able to make a left turn out onto Michigan um I saw one person do it in two hours I don't know how they did it but they did um but nonetheless uh that that's important and and no left turn out onto Boulevard as well uh so those those I was pleased to hear that the applicant had agreed to those items um I'd like to get to the to the second memo which is where uh we really learned a lot about the site um I I did do an independent uh account of the existing volume using those existing driveways it was very consistent with what uh the applicant's traffic engineer presented there was one movement that ticked up by about 20 trips and that was the right turn entry move from Boulevard into the site it was about 20 higher than what the uh applicant study had said so the overall trip count from my count was about 20 movements higher uh the next thing I I observed there was um the the way the site operates now with those two two two-way driveways on a very small site is uh you can have simultaneous entering vehicles from both Michigan and Boulevard and all of a sudden because it's a small site they encountered each other immediately on the site amidst pedestrians amidst parking and unparking Maneuvers that are going on on the property and uh it just became apparent to me that if you could get uh those people keep those people in their cars in a well functioning drive-thru system you would get rid of a lot of conflict so that was one one major thing I noticed out at that site and the other thing is uh again with the having the two two-way driveways and all the different conflicts if you could organize the site into a one-way traffic flow and not have people coming in off of Michigan Avenue I think you could go a long way towards having a safer site so my overall conclusion is that U having a larger site that's more organized with the efficient drive-through system uh I think will be uh a safer and more efficient operation from a traffic standpoint uh I did in my first memo uh mentioned some possibilities of some conditions or things we might like the applicant to agree to in uh item number five of my first me Memo and these are just things I've heard other coffee shops coffee operators uh State during other reviews I've done and and and this this goes to the fact of we don't want this double drive-thru ever to exceed its capacity because if that happens you would get in a situation where somebody could not leave the drive-thru because they're blocked by too much traffic waiting to get into the drive-thru so that's going to require uh some attention from the operator as to what's going out going on out there um we're hoping this will be wildly successful but we are also hoping that the that the system that's been proposed can handle all of the business that they're going to have now if the business stays where it is I think it will if it ticks up a bit which is what they projected I still think it will but I think we just might want to have some contingencies in place uh in terms of the operator having some eyes on what's going on out there especially when it opens to to manage and make sure we don't have a locked up uh site um I'd be happy to discuss any questions or discuss if I missed anything that somebody saw in my memo that they'd like more information on i'' be happy to discuss that okay does anyone from the board to um ask questions here were the suggestion you said Su yeah well I'll I'll cover that U so that's in the first memo um item number five and basically uh what I said was that um we need to make sure that the Q um does not exceed 12 Vehicles if you have a q that exceeds 12 Vehicles you would create some onsite traffic circulations because people would not be able to exit the drivethru system so I went on to say that the area in front of the proposed trash enclosure should always keep open be kept open I I Define that as a restricted area to be kept open and methods for doing that depending on how Duncan operates would be uh track posting traffic signs to alert motorists not to queue in the restricted area um having Duncan Personnel monitor the drive-thru Lane and dispatch employees with handheld ordering devices to improve the efficiency having Duncan Personnel monitor the lane and be deployed to ask customers to vacate the restricted area or um having Personnel monitor that and actually block the drive-thru with cones until it dissipates he said saw one lefts be restricted by signage we talked last time about possibly having curve that phally turn you think that would be yes I think the uh the site engineer could um do a design that that favors that right turn discourages that left terms there are treatments that can be done part of the uh conditions when we were talking about different things back and forth was that there would be a Channel Drive erress uh to the boulevard with signage so that was that was brought up during the time of uh the the in July chairman if not to interrupt I know you have your dialogue but because that was brought up at the last meeting it was already Incorporated and revised plan at went County both driveways include that channelization so wanted to get out in front of that but thank you we included it and that's what the count is ultimately going to revie it's one having that channelization in both dver and there was one other observation I was just reminded of um for the right turn onto Boulevard the way those lots are now with that retail building having that parking right in front of it and their curb cut literally on the property line when you're trying to exit the Duncan Now you kind of have to jump out into the first Lane before you can even turn it was just a very awkward right turn for all that traffic and making the lot bigger and having a proper driveway is is going to work a lot better than what it does today okay thank you anyone else have any questions well you've heard the traffic study um we we'll get to you all um okay so if there's no questions at this point I guess we could open it to the public but I have to yield to uh my attorney again are we talking about when we open this to the public about the entire application or the traffic study we're talking about the traffic study at the last meeting I recall a number of members of the public commented they made their views known um and uh I know the issue part of the issue main issue was traffic so the focus should be on traffic tonight on what Mr trouton is testified to okay so is there a motion to so moved moved by Mr David second by Mr L all in favor I okay anyone from the public wishing to speak on the traffic study can you state your name and address for put a record and put your hands on your hips as always I love it okay my name is Mary and I am the Democratic head of the the district the Third District for 30 years so when you try to tell me about the traffic on Avenue you're talking to a person that walked that every single day to the church I crossed at the light how am I how am I supposed to get through the traffic there between the cars and tell me oh they're just going to stop Mar have you ever been on Michigan Avenue even with the light it's worth your life you want to turn and say and first of all is it going to back up any traffic what what does it do to chuckecheese on 22 when they have they have a whole line against the thing where is that going to be here you can't go around to make a left a right hand turn onto the boulevard are we going in that way Mr Troutman I think maybe you could um answer the questions uh more professionally since we have you here tonight and and could ease her yeah so so one one of the one of the benefits of the application is that you cannot enter the site from Michigan Avenue the new plan will not allow you to enter from Michigan Avenue so there will be nobody trying to turn right off of Michigan into this driveway blocking people from turning right at the intersection so it's get coming out that way it's going to be an exit only right turn only exit onto Michigan that's the only movement what happens when they back up uh to make to make that left turn onto Michigan Avenue to go up they're not allowed to do that anymore Mary that with this plan they cannot make a left-hand turn onto Michigan Avenue they can only go right no no no I said going up uh there'll be no backup cars youan you mean queuing you mean at the light so on Michigan Avenue when you're coming up Michigan Avenue you okay they're coming they're coming out and they're making a right hand turn now they're going up to the light and they're making another right hand turn M so um I understand what you're saying now so when the when the person comes out of the Dunkin Donuts let's say and goes out to Michigan Avenue that can only go right then there's a traffic light then they can make another right okay the in the morning the traffic is all the way down to the Parkway bumper to bumper how are they going to get out of there into the into the the flow so the concept behind the drive-thru was to take all of that heavy traffic Loop it around the building so there's they they're really not trying to introduce people coming in parking their car going into the store and getting their products to go out that way that's going to be out onto Michigan Avenue right what about the traffic coming up Michigan Avenue going to 22 going to make the right hand turn to the park they have to yield to that traffic Mar yeah they have just I mean we have to take a look at what's there now and what is I'm perfectly perfectly understand but we also want to take a look at what's there now where traffic is coming in out all over the place now it's controlled what they're trying to do is control it making that right hand turn out yes they have to use all their driving techniques techniques to yield to the oncoming traffic but it I think there's going to be based on the testimony less impact of cars coming in and out because it's now being introduced as a drive-thru which most of those cars will be going out on the boulevard to the right if I I hope I explained myself yeah there's there's two exits from the site off yeah into Michigan Avenue and also right turn on the boulevard right so there's two exits and two ENT one entrance one entrance one entrance one entrance and two exits yes you follow what I'm saying yes absolutely with the if you see the traffic in the morning it's all the way down to the parkway and I I W in this time I W all different times I make a bright turn I should say left turn from Michigan on on the boulevard every single morning so I know I've done both we've both been around Mary after after 52 years yes yes thank you Mary it's always good to see you I'll be back I know you will anyone else from the public wishing to speak please come forward state your name and address for the record pleaseing good evening nice to see you again um I do have a question regarding traffic uh we've been discussing mostly the D Donuts now this proposed resident building as you know I'm totally against any apartment building going up anywhere in K but the traffic for that building now you know how busy that intersection is and and the boulevard traffic especially between the hours of 3 and 6 o' now my question is the people if they're coming from the direction of the parkway coming up and they want to make a left into the they have parking they have to wait for ongoing traffic before they can make the left which is going to be tying up people behind them backing them up that they'll miss the light or cause people to try to go around that the other thing is when they come out of the resident building well are they going to be allowed to make a left because say they want to go up town have to cut you know they have to um wait for uncoming traffic get into the left lane and then maneuver into the middle Lane in order to go up town I just see it as a total mess and I'm not even going to address the parking it's my understanding that they've agreed no left out of the residential if that goes through the they can't make left no left out on the bouevard from the resal in but everybody coming they have to make a right correct a little better thank you very much thank you anyone else state your name and address for your record Mage 725 M excuse my ignorance but could somebody tell me I I I know you mentioned it how where are we going to go in and where are we going to go go out how many entrances or exits are we going to have so on the boulevard you have one entrance in from the Boulevard m one entrance in you know where the entrance is right now yeah the entrance where the boulevard is right now into the Dunkin Donuts you can only make a left off the boulevard right okay so that's a different question the the question you're asking is how many entrances and how many exits to the Dunkin Donuts okay one entrance in two exits one on the boulevard that you can only make a right-and turn to go out and one on Mig Michigan Avenue that you can only make a right hand turn out you can't go left from either one of those exits oh okay so where do you come in you come in on the Boulevard on the boulevard yes just like they do now that's not changing you're coming into the boulevard one entrance in but her what they're doing is making it a drivethru so they're not going into park they're going to be wrapping around the building and working their way out so they're being fed I figured WP around the building they're going to wrap around the building and they're queuing the cars to come out so they're trying to limit the congestion in that parking lot I didn't understand on the boulevard sorry and on the boulevard I've been stopped there many times while while cars are trying to maneuver their way out of that parking lot and I'm you're backed up you can't get I think this will alleviate that issue yeah so right now what Mr Ladi is saying the way the parking is they nose into the Dunkin' donuts and they could also nose into the boulevard that's not happening anymore there's going to be a couple of spots on the boulevard side but most of that traffic is going to be looped around What's the total number of cube 18 I think was 12 12 so you got 12 cars that is going to be moving and they actually have a time down to minutes of how quickly those cars are going to move her and they also have it down to the science where if one car was to take longer they have a pulloff area where where that car would get out of the queue and the other cars just keep going so it's going to relieve that what we're hoping H that happens here is that that relieves the congestion on the boulevard coming into The Dumping DS I don't think it's going to happen but that's my opinion thank you Mr anyone else from the public wishing to speak state your name and address for the record please Gail smider 27 South Michigan um first of all I believe it's going to create a lot of heavier traffic there you're going to have four you want four parking spaces you said a lot of people were doing mobile phones well they have to get into the um the building to pick up their mobile phone their mobile order so there's going to be cars parking there anyway and now they're backing out and you got people coming out of a drive-in that want to get on to Michigan Avenue they're going to be cut cutting them off we're cutting off the people trying to get into the these two lanes two lanes are going to merge into one lane eventually there's going to be a backup there's going to be um people are going to be Crossing in front of these cars getting into the queue or you know into these Lanes there's pedestrians running back and forth between the building picking up their order or people that just want to go in and order something that they don't do it by mobile um so there's going to be more congestion it's a dangerous situation and you're you're sending everybody out onto the boulevard away from Kenworth I thought this was a friendly town that you want people to be here and you're not you don't have any place for anybody to sit down and have a cup of coffee and eat their donut just get it get in get on the road so now you're eating and drinking your coffee as you're driving on the parkway you know come on there that's such a small space to begin with like everybody has said the traffic is atrocious to begin with you got you got children going to school you got pedestrians people going to work and it just doesn't make any sense all the cars are going to be idling in in the the queue well there's more pollution if they're all just sitting there waiting to go through oh so that oh it's only going to take two minutes for somebody no you got 10 what did you say 12 cars going through you know merging into one lane that's a lot of cars without being shut up um and the big thing I thought was you know being inside area there's no place to sit down um it's just not neighborhood friendly and it it shouldn't be part of what korth is about it's good the way it is you know they can improve things um and that's just my opinion so I hope you consider that thank you willk thank you anyone else okay see none make a motion to close the public motion be by Mr David second by Mr lar all in favor okay so is there some discussion that we need to have here from the board what we heard tonight we had um did we absolutely did with uh was prudent we did with the public Gass us we got our own traffic study professional um and and here we sit um so does anybody have any comments on where we should be going with this Mr scary so I think we had a big Advantage by doing the traffic study even though the traffic study really didn't change anything but it put this off for another month and we have like I know personally knowing what was proposed now which a lot of times you're looking at you have a good grasp of what it is well now we had the whole meeting we knew exactly what they were looking to do and I had time to go back a few times look over the properties look over you know the proposed plans and having a good understanding of what they were doing that duning on right now is horrendous you go down there almost any time to either go to the park or to go to Dun Don you're stopped on the boulevard waiting because you have cars backing out cars pulling in so I think even if they double their business with this drivethru I think it's going to improve that condition because they are backing up all over just trying to get in the lot now uh a lot of the safety issues that some of the residents are concerned about I understand but I think it's going to improve it over now now you have four four times the other thing is I thought when I go to that dum I always pull into the strip wall next door and walk over right if that ever was rented out we've been well Duncan own us has been lucky I know they've owned it for a while that that there's only one pen in there because if that was a full building you wouldn't be able to pull in there you'd have a lot more traffic going in and out and you would have all those employees of those buildings would be parking on the back streets Kingston Avenue and and all that because there's nowhere else for employes to park so I think this plan well it might not be perfect for everybody I think it's going to alleviate a lot of the and concerns uh you have to look at what's not what's there now but what potentially could be there and we could be talking to setad of a three-story apartment building that has seven Apartments we could be talking about a three-story commercial building that we'd only be doing a minor plan like we did for thetive parking and we wouldn't have a lot of say in it anyway so I think it's probably the best of both worlds for us to alleviate traffic or as much as possible and fix a couple of the safety issues that are out there thank you Mr scary anyone else Mr maio I happen have a site that I'm working on that's um a couple miles uh away from their site um that they talked about that they built that has the same setup in Edison on Inman Avenue if I'm correct yes and so I've had a chance to buy my calfee there and it's pretty you know it the queuing it's a different site because they have um a parking lot there big parking lot but as far as getting through the queue and getting your order it's quick it moves they very efficient so I did notice that it's not definitely apples and apples but um I did see how the operation uh works and you're definitely getting through the que pretty quick so just so you guys know M little daddy I also I kind of went there a bunch of times to look at there and plus I drive by there for work so I'm glad the traffic survey was done on first day of school between seven and nine which is probably a peak time it wasn't done in the summer there maybe less people going in you know people trying to pick up their kids or going to school picking up donuts and stuff so I'm glad the numbers are kind of showing on a pretty heck trafficky time of day and you know first day of school everything is busier so um glad the survey was done there and it kind of matched the numbers that I was counting so that's just my two cents on the traffic study anyway okay anyone else Mr as a guy here I was very concern about this but I think it's going to make it to H and speaking Community piece watch traffic cof so there's still chance for but this you know the four intersection the so this is makes a lot ofense thank you Mr dun anyone else okay so for me I feel um sorry we closed the portion to the public I'm so sorry and I'm sure it was very important too however I just to elaborate on what you said was that we certainly don't want people to queue out of town H you know it's it's not what we're about we we want people to come into town but taking a look at the present State that's like an accident we waiting to happen who's backing in who's backing out it's zigzag parking somewhat illegally in the other tenants uh uh parking areas uh I think they've done a great job with trying to address the parking and the safety and the pedestrians coming up Michigan Avenue bringing the curb back to the boulevard so the pedestrians can walk is it 100% without a problem well nothing is but it does make it better from what I could say and I like the fact uh that there was no real rebuttal back and forth between the two traffic experts he pretty much concurred with everything that was going on and if you were here to tell us if that was just a bag of wind or did does it really work and I'm I'm satisfied that it really works so that's how I feel about it um so here we are so uh I'd like to talk about how to incorporate some of the suggestions that are made by our traffic um study as far as the control in case it does overflow like how would we incorporate that how would we consider that uh I know we touched on it how does that actually happen in the operation um it's it's purely controlled by management um yeah thank you um we had an opportunity to review Mr troutman's memo and we spoke as a team and we agree with his recommendations in fact speaking with the operators a lot of those procedures and protocol are in place at their other locations as far as using handheld devices um having a Personnel monitor the queue by televised camera from inside and outside so a lot of those recommendations are actually in place at their other locations and we would have no objection making those five bullet points that Mr trumman identified in item number five of the August 29 2024 report a condition of approval from an operational standpoint so the five bullet points that he pointed out would be part of a condition I'm sorry they're four S I misspoke there's four bullet points and item number five you want to give us one more so okay all right so Mr Mao does that satisfy yes your question okay so here we are we need to vote on this application I guess in its entirety am I correct Mr um can I are we going to go over like some of the items we mentioned for yes we have we have contingencies or whatever you want to call them yeah condition for please yeah so I mentioned a condition before but it seemed like Mr paparo already addressed that however there are more Mr and we have a few that we talked about the last time so if there is a motion that needs to be made it would be with the conditions but he may have addressed them already so I have some you have some would you like to share I just I we were talked about um special delivery times but we spoke about you know I I spoke last time about some of the bigger apartment complexes have you can only move in at a certain time or have a delivery at certain times so it's not during peak hours I think that was one of my major um it was also with uh smaller trucks smaller trucks garbage pickup time you know stuff like that so I can I mean if it helps I can run through what I joted down okay that would be great um so for the conditions that I jotted down from June I'm sorry from July 11th the rear uh fence uh behind the building would be a rear solid fence uh the there's a chain link fence there now um the applicant agreed to that at the prior hearing uh there is a request um for the movein move out procedures for those four I'm sorry for the seven Apartments to be off peak hours so that doesn't conflict um we would agree to that requirement there was a uh regarding the multif family building there was a request to replace the brick windows with bow windows that was an architectural uh design Improvement that the architect agreed to so th those elevations would be revised as part of the approval um and channel ANZ the driveways um that was not only agreed to but appears on the drawing that the counties reviewing um and and now these four bullet points for Mr troutman's letter those were conditions that I had I have a couple more sure um that I joted down I don't hope we all remember and uh one of them was the soft lighting or dimmers over at the EV area Okay uh that was that was brought up and of course the Windows U instead of the brick and we were in the middle of discussing the garbage on the boulevard um I don't think it was fully addressed of how that was going to come in come out what we were going to do going to do with that if you remember and uh yeah that those were the conditions that I jotted down that day night did you have something little yeah well we talked about the smaller box truck softer lights moveing and move out times I had that um deed restriction for the one affordable unit I think it's a three-bedroom correct okay do that for the flow [Music] Windows consider a green I had considering a green roof I don't know what yeah I think that was about the architect um testified that he would speak to the the owner and the operator about putting in some green components so I think that's okay I think we can say that they'll you know you know he'll work with the board's professionals to see if something can be done uh to have a green component to the roof okay that's there's no objection to that all right um we talk you know no lefts out all all rights the harbor report well the reports um both Mr trapman's and Kevin and Chris's a preconstruction meeting I think that happens most of the time I had discussing bicycle access I just jotted it down I didn't know if that was it was discussion about whether yeah okay just just a thought um and I remember discussion about bicycles but not a bike rack okay bicycles and then we have Mr troutman's reports and that's it between what everyone's talking about those seem the conditions in addition to our normal pay taxes any other approvals that you need Union count is going to be chiming in on this in terms of the you know the roadway correct the boulevard so yeah those I've been hit the high points and we're dealing with a u use variance eventual variances um subdivision yes and preliminary and final Cy is is everyone in agreement with that that's everything I had down I I think I think we're all in agreement with that yes um Mr paparo are you in agreement with all of those conditions that we just set forth because you had some I had some they have some so we need to outline them perfectly so they're part of the application so we know I think we've hit them all I have no objection to what's been discussed on the record okay do you have everything you need then I have everything I need and seven members we're acting as a a zoning board here so only seven members vote and the applicant needs five of those seven votes to Prevail five yes votes no class three council members no one no no one no three they're not heing class one and class three that's right sorry excuse me is this a joint application I'm sorry is this a joint application it's either they're separate buildings and different things going on but it's all being it is not a joint application the application was before us in July right and because we heard that already we don't have to hear it again and what is happening tonight is that the board felt that although they had G and deed as their traffic professionals we were concerned about the traffic coming in and out so the board hired their own traffic professional to um make sure that what we were being told is exactly what we heard um and that's what we're really hearing tonight so we all and everybody in this room heard the testimony of all the professionals there was no need to bring them back here so our decision yes sir I just say I may be misinterpreting the question but I think she's asking if we're voting on both yes properties this I mean you know both buildings yes yes so that's what she when she said joint she yeah it's really not two we're not going to be voting on The Residents and then Dunkin Donut this is one vot that's what you're asking I Mis interpret yeah that's what she said we're voting on everything here so it's already been agreed upon that no no no we didn't agree upon anything the apartment building is going in no the no vote has been taken no vote has been taken so the board members heard the testimony if if we had a traffic study professional here when the application was first heard it would have been finalized probably that night but because we didn't have one what do you mean by finalized whether for or against approved approved or not approved that's going to happen it's not it hasn't it hasn't been approved let's be clear yeah it has not been approved we had to come back and on that now we will be momentarily yes so what we're doing now is we took the testimony of July 11 and the testimony of tonight we put it all together and we make our decision so on both both buildings on everything it's one application I I I don't think you can sir um I think at this point you have we already opened to the public it was closed we're at this point of our U making a motion for or against so is someone going to make a motion for I'm sorry you out there I'm sorry uh you want to make the motion yes okay Mr buy is making the motion to approve the application with he's not a vo he cannot vote he can't make a motion he's not a voting member I'm sorry you're not a voting member one of the seven that that can vote that I'll make a motion that we approve the project as percentage okay Mr L made the motion to approve the application as presented with all the conditions attached to it yes is there a second I'll second second made by Mr Clemente R roll call please Mr yes Mr David yes Mr yes yes Mr yes Mr yes Mr yes 7 up thank you that's it okay good luck thank you very much thank you thank you very much before you guys all exit real quick can you just let us close out our meeting because it it's going to be loud and crazy okay um any comments for the good of the board none okay I do want to make one quick statement um uh the planning board has sent flowers to Wanda Grimaldi and her family her mother passed so um I just want to send our deepest condolences to the Grimaldi family and uh next is oh yeah no one else had any comments on no I don't I don't think so all right so then I make a motion to open the meeting to the public for General comment motion made by Mr David second by Mr Mao all in favor I open to the public not on this now now you can come back up my name is Mary niage and we've been screwed none of you people live on our blocks we get stuck with the trffic we get stuck with the parking no I did not get a message that this was coming up as a committee head of my section I should have gotten the thing stating that we were going to have this about Dunkin Donuts and about the seven Apartments what one of you live where we do how many of the cars are going to be parked on Kingston Avenue I mean those poor people get the cars from the post office from the cars from U Michigan Avenue now they'll be getting the cars from the boulevard so next time you decide on doing something like this think of the people that live in that section yes I'm aish thank you Mary anyone else yeah it's it's done I agree with her 27 South Michigan you got a giant building behind a residential area that is going to be towering over people's houses along there it's they're residential that's commercial out there how come they can build an apartment building I thought you had to have commercial Down Below stores down below like everything else you know you got you got to much going on you know for um it's not zoned for residential so why is it going in as residential any answers our planner would you like to answer that that aspect was the subject of the variance application that the board just approved what board this board proed that the planning board of the bur yes when was that approved it wasn't approved in the last meeting was it it was approved to the applicant rep the applicant requested what they call a use variance meaning what we want to do is not specifically permitted in the zone but we'd like to do it and here's why and that was a subject of virtual all the meeting last last July and um the board just approved the application which in part uh had aspects of the building the apartment building and the drive-thru which were not permitted but the board felt that there was reason enough good s legal reasons and safety reasons to to approve the application which which they just did that's the drive I'm talking about the apartment both both this was one application including the apartment and the Dunkin Donuts driveth through that we heard last were you here at the last meeting in July yes I was okay that's what we that's they had the architect they had an engineer traffic person that's what we heard and tonight we wanted the board was concerned about the traffic well it's so out of place this is not Rosel park or Garwood where they have the train tracks behind them you have beautiful homes that people are residential in and now you're going to have this towering building behind them that's really in the character of the neighborhood thank you very much anyone else Mr chairman I think you were wrong when I made a point of order according to Robert's Rules you should have recognized me I opened the meeting to the public Mr mkit and we closed the meeting to the public and then the board was making a decision however if I am wrong I apologize I will check into the Roberts Rule and I could yeld to my attorney no everything was done properly if you want to make a comment now everyone else seems to be so I'm going to make a com and if I and if I did something wrong I personally apologize but I don't believe I did okay okay um I think I'm not I'm not right I'm not I'm not 100% % sure but I think before you open the meeting you had mentioned that the comments were regarding the traffic correct not the whole not the whole package that's correct okay and I think the reason I asked for a point is because I think before you took the vote you should have opened the public opened the meeting to the public to give them a chance a last chance okay to get that comments in so Mr mikit I can appreciate that but that's not the protocol the protocol the protocol I mean we all have our own feelings and I know you're very passionate about this but it was open to the public in the last meeting we did not have to reiterate that again the same people are here from the last time and they did have the opportunity to speak and they did come up and speak and they gave their opinions I apologize because I wasn't here at the last meeting and and I'm not trying to be hard noos but we have to the reason I came up yes to this meeting is because I was opposed I I I still opposed to the board's decision okay I I don't like the uh the Dunkin Donuts drivethru I I I'm less likely to agree with you on the apartment building on a Boulevard because that is a gateway to Kenworth okay now you're going to open up the gateway to residential use I don't agree with that okay and I did not get a chance and that's my own fault okay uh I didn't did not get a chance to oppose this and I I would have opposed it I did oppose it at the last council meeting but that wasn't the venue for you to oppose what goes on with the plan planning board business so if you brought that up to council you were in the wrong Department that that was but that was the only I know Mr M I I'm not trying to be at heads with you I'm just trying to tell you what the protocol is and was and we did and I have to say the board did everything properly we hired the traffic professional we have our professionals we we went down the line I asked my attorney if a point of order was I out of order with point of order he said no uh we opened to the public we closed to the public and and I I wish you would have made more statements when it was open to the public on that application and I'm sorry I just couldn't I couldn't it could have been an open Forum then for everybody to speak we had to control the meeting well then I have to agree with Mary we got screwed and and with the lady okay I you you didn't I respect your opinion you you didn't listen to the people yes okay well we did we really did no you okay you de okay most the people that came before this board at the last meeting I understand okay were opposed to the drive-thru of Duncan Donuts okay and it wasn't wasn't even considered well I I respect your opinion okay my opinion thank you thank you thank you anyone else Street 18 or 19 Street um I had some comments but since you passed already I gu Point um but it has come to attention um speaking gateways of Kenworth and all that U some people live by the gas station you know um used to be the Soko and they were concerned about overnight parking of uh fuel trucks and stuff I guess they're afraid I guess if the thing exploded I guess is a concern also I remember uh weren't supposed to be vending machines and now there's a cell tower I don't know if that was allow so um like we have conditions and I guess Building Code Enforcement is there any you know make sure that even the duning project sticks to what we agreed upon want to make sure to and then also since we're adding residences now in the commercial zone is that kind of be with the new master plan are we going to kind of convert and the real estate commercial real estate two residences that uh or is a one off you think if that's going to be a new master plan and uh I guess is there any progress on the master plan is there there pretty much going to be so there is progress on the master plan um Mr obrian spoke earlier I don't think you were here when he mentioned that uh um he would have more uh detail in the month of October I think you said so there'll be more detail and outlining yeah the the master plan committee which I chair is will be meeting in the next few weeks to more oress finalize the master plan after which it will there will be a public hearing um for comment before it will be formally adopted okay so the the plan is that that will happen before the end of this year all that will happen before the end of this year and there were um there was no parking for like gas truck when we pass that gas station on a Boulevard so no I think that's a zoning enforcement it's got to do that part of it right so so I guess it's up to the people to complain well you shouldn't if you see it just go to the zoning enforcement I don't know if it was allowed or not it's not no I tell people to come to the meeting no it's not allowed well we're not involved with enforcement so this would not be the appropriate meeting to come to but mayor and councel Zoning enforcement is handled through um the governing body okay thank you thank you thank you for coming up tonight anyone else I make a motion to close motion is made by Mr LTI second by Mr David all in favor I motion to adjourn someone so moved by Mr David second by Mr maio because he always does that yes he does in favor hi have a good night