##VIDEO ID:aaTK96XyxW4## here e in accordance with Section Five of the open public meetings act chapter 231 public one 1975 be advised that a notice of this meeting was made by posting on the bulletin board town hall and mailing to the officially designated newspapers a list of the meeting dates annually indicating that this meeting would take place at the Town Hall at 7:30 p.m. on Wednesday October 16th 2024 Cory biller here Allison camfield here Michael Cohen here Steph NIS here Frank zendy here shy BJ David cosbro here Michael Zion here Gaston helper here bet here thanks we have a number of orders of business tonight um there are no no meeting prior meeting minutes to review but our first item is a memorialization on application 24001 uh that was the Alo application um were any comments received or any uh edits to the memorialization as distributed uh not as distributed Madam chair we drafted it it was circulated amongst our board professionals and applicant and applicants professionals and this is the result hopefully it's an accurate memorialization of the board's decision thanks any comments or questions for Council uh I move to approve the memorialization the second second Cory biller yeah Allison camfield yes Michael Cohen yes debor NIS yes Frank sendi yes David cosbro yes de s yes great thank you um our second item of business or I guess the first first item under business on our agenda uh is the retention of a traffic consultant um I can read this or if you wanted to speak briefly to conversations that you had I think that might be the best certainly and I will focus on the briefly part Madam chair and or at least as brief as I can be uh the the the um but this is with uh it's a routine uh uh business as you know the board has professionals engineer planner uh and uh often times a traffic consultant the township has a traffic consult of uh of representing the municip not representing the municipality but but you know it's a Township retained traffic consultant on hand for board applications uh that might require same um uh requests were made with respect to uh utilizing uh that uh traffic consultant uh brigh viw engineering and specifically Joe Fishinger Joseph Fishinger Jr uh who is an engineer traffic engineer from that firm uh pursuant to the resolution authorizing and awarding uh that those Professional Services uh for the calendar year uh and um I did discuss I provided applicants councel for the uh high high Center for living Judaism uh application uh with uh the uh resolution uh from the township whereby he's appointed for the year to be available to the boards among other things uh and his res resume uh and his scope of services letter uh that uh with respect to his retention if the board so desires to retain him uh uh to advise the board uh review the reports from the applicant uh make his own report Etc be available to ask questions be available for cross-examination uh the U in anticipation of at least the possibility that the board would be desirous of appointing a bre viiew engineering Mr Fishinger I provided all that information to the board members as well as a very short resolution one page essentially um whereby the board would uh uh authorize him and appoint him as the the independent traffic consultant to advise the planning board for this particular application so that is what's before you if you wish to uh authorize him to do so uh you can go right as we always do to the resolution motion second and roll call vote thanks and I just want to clarify ad sort of in little layman's terms um this is not having a traffic consultant do an independent um research and data collection but it's uh having this traffic consultant who we have on retainer to review what is presented in the traffic report from that applicant and provide uh his own commentary uh or raise any questions which may come up and obviously we have gram or or planner who does it but this is from a specific traffic engineering standpoint making sure you know the assumption that were used in his calculations make sense uh to this firm or if there's any things that were not considered he may raise those uh as appropriate David yeah just a quick question um in preparing for the last hearing I had read the traffic report um provided by the applicant good well I just want to make sure we don't discuss any sub no no no it's really but but but but the scope of the work that the um traffic engineer um I think needs to address the uh housing projects that are being built in town or almost built in town yeah well and if I may request that we stop there because we'd be getting we're butting up against discussing the subject of the application which we don't want to do when it's not before us uh for due process reasons that said um uh I'm certain Mr Fishinger will do to you uh will do a full comprehensive review of the study uh and provide a report be available for the meetings Etc okay so that we have the same guidance from him as we would from Mr ped and Miss Callahan uh with respect to their areas of expertise thank you sure Madam am I understanding this correctly we can ask questions if they uh haven't been addressed on the traffic report we can ask this consultant additional questions during the course of the hearings yes sorry for jumping yeah absolutely we can ask their consultant we can ask our consultant yes question can be asked of everybody at at the publicly announced meeting just as we would with Mr pedo and this C great um so that said I move to uh approve the retention of the traffic consultant and uh approve the um the resolution as drafted by Mr War second thanks Cy biller yes Allison camfield yes Michael Cohen yes debor n yes Frank zendy yes David cosgro yes Michael Zion yes Gaston Halbert yes that's all yes great thank you for allowing us our process we're going to move on to our applications um the first item is the application 24002 the matter that have been carried from September 18th this is 288 murn name uh for preliminary and final s and if I may Madam chair while applicants council is getting ready I just wanted to weigh in on the notice uh and jurisdiction of the board uh as I recall excuse me the matter uh was originally noticed uh uh at least uh uh in part uh uh for the September excuse me the um September 18th 18th it is 18th okay thank you uh that's right September 18th hearing um and uh the applicant has uh since published notice uh on September 29 more than 10 days in advance of this evening uh such that in the contents of the notice was sufficient uh so in my opinion the board does have jurisdiction to hear and decide the application this evening and when we get there I'm happy to swear in the witnesses so we can proceed thank you um my name is Evan drachman on behalf of the applicant 288 main Milbourne LLC I might pause do you need him to spell or you're good I'm okay okay sorry thank you um the board's going to hear our um testimony here this is largely an application to the to this board based on our parking situation uh the property is an existing commercial building we are proposing no expansion no modifications to the footprint of the building U my client is an owner operator we they intend to use the property in a manner permitted under the Zone it's an ey doctor and office space uh we seek variance relief related to the parking requirements and related design standards um I'm going to call our first Witness Mr Ryan brri and if the chair wishes I can swear all the intended Witnesses uh at once uh as well as our professional Dr Natalia BR and Rich Keller and our our engineer Miss Kahan and our planner Mr ped if you'll all raise your right hand I thinked from the beginning of the year okay I I but we can do it yeah I uh yeah it's it's my practice if you don't mind for every application so uh do you swear to God to Refirm that the testimony you're about to give us the truth the whole truth and nothing but the truth yes I do thank you uh thank you uh Mr Brodrick if you could um just start off with your name address who you are great uh good evening uh my name is Ryan Brodrick I am uh I currently live at uh in wof so 501 Clinton a in wof and uh I am the owner co-owner of 288 main Milburn LSA um in addition to your um ownership of the building what is your other uh occupation yeah so my primary occupation I'm an attorney um I am the Chief Operating Officer of uh my law firm uh that I co-own with my brother Brandon bradrick uh our primary location is up in our headquarters is up in River Edge New Jersey uh what what are your responsibilities um as as the Chief Operating Officer I have a lot of responsibilities so I I'm really responsible for the overall performance to the operations in the organization um and does that include um managing staff yes so I manag staff technology performance HR uh the finances um can you describe how um how your Law Office intends to use the subject property yes so I have a few attorneys that live locally um I'm using it strictly as a satellite office there will be no client appointments no depositions um it's really a place that's close for them um this area is about an hour um on a decent day to River Edge so I have a few of the attorneys in my office and support staff live locally we wanted to give them this area are they going to are those um staff and and attorneys intending to make this their Prim their primary office no so none of the the office will not be primary for anyone individual in my office so the way we kind of wanted to have it set up is that one day or two days a week they would operate from down here um while commuting up the remaining days of the week um and is this office going to be an advertised um location for clients or no uh we don't even intend to put a sign on the building on the exterior for the law office it will only be for internal employees um and approximately how many employees do you think would be working there um during the course of any given week no more than four at a time great um thank you for that the last question is um about operations of the building um something that had been raised how do you um intend to address garbage and refu from the building uh we would use cleaning service to uh clean the office and then take it away okay and having the trash removed or yes okay yeah great um thank you has any questions for this witness um would there be certain hours when you allow staff to enter and exit uh typical hours in our office at least for the attorneys is 9 to5 so and uh deliveries uh there would probably be no deliveries outside of the normal mail you said four attorneys is that four per day or uh I four people in total so yeah so there wouldn't be a time where there'd be probably more than that question thank you all right thank you guys thank you um we'd like to call our second winess Dr Natalia r um if you could introduce yourself and uh just provide a little bit background on your medical practice hi good evening I'm Dr Natalia BR um I am I reside in wof with Ryan my husband we uh welcome our first son over the summer a baby boy um who's home I am a doctor of Optometry and I specialize in pediatric care as well as traumatic brain injury and neural um Development I've been practicing for eight years and I'm met my current practice for seven and I'm looking to open and start my own practice at this time um can you describe um your practice specifically who you what your clients are who your clients are and how your practice operates um I specialize in pediatric uh and vision development as well as Vision Rehabilitation so the great majority of my patients are pediatric patients um specifically kids with developmental delays special needs learning disabilities um attention deficit um as well as adults and children with traumatic brain injury whether we're talking about concussions um sports related car accidents Falls um stroke patients a lot of patients as well with the Sia dysfunction or balance dysfunction um my specialty is helping these patients improve their life and return to their normal life um after traumatic event and essentially retraining brand and ice and the entire system and how to communicate and how to function again um what are the appointments look like compared with a a standard War Parker style I got I office what are your appointments yeah so what I do is extremely challenging and for these appointments it's time consuming where each patient especially on their first visit it's an evaluation a consultation that takes about two hours to two hours and a half um I am not this is not a high volume practice um this is By Appointment own and because of the nature of a specialty um exam with the these patients it does take a little longer um of time it's not a walk-in um facility it's not a walk-in clinic this is by appointment only and um very low level volume on a daily basis um will you have a retail component with your brce only as it relate to Specialty lenses and glasses for these patients um again not a walk-in facility not a walk-in retail um specifically for the patients who are here for with an appointment and the specialty lenses for them great um when you start off on with your practice what is your staff look like um starting out I'll be the primary doctor and the only doctor in the practice with one food T sta um okay um longterm um the plan will be to bring a second doctor and Associate uh with an additional one fulltime staff in a part-time um so no more than two doctors and two two full-time staff and a part-time um staff member in the future and would you intend that the two doctors are there working at the same times no um eventually um I would like to open up a second location where we would rotate between the two locations second location likely up north in Bergen County um what will the hours of operation for your practice look like no weekend hours um 9 to5 and no late hours except for maybe one day a week where we'll probably have a late appointment of 6 PM the latest um does your practice uh create any biomedical waste no okay um that's that is all the questions that we have if the board has any questions for Dr brri yes so with treating pediatric patients just your hours was still only 9 to five yes I just I'm thinking like after school kind of well yeah um when you're working with children with potential deficit um a patient with autism you don't want to be seeing them too late in the day that's when usually they are their attention span is a little short they're not patient so these patients are actually best seen early on in the day um and because again the specialty and not a lot of of not a lot of doctors out there um are working with this um patient base or you know um clients um so patients the parents understand and even School uh a lot of my referrals I get a lot of referrals from from the school systems and from different school system um for this type of evaluation so a lot of the kids actually coming in in the morning um so this would be a new practice or you currently have I just I wanted to you put this practice and then You' have a second one this is my new first practice yes that was in reference to the growth of the practice wanted to make sure a second doctor would be related to eventually long term my my plan would be to bring in another doctor um and then you know if all goes well have a second location got you okay and another doctor sure thanks for clarifying thank you um I'm going to call our Final witness our expert witness Mr Rich Keller good evening can introduce yourself first yeah my name is Rich Keller I am a licensed engineer in planner in state of New Jersey uh my business is here at 258 Main Street for the past 40 some years um I am a licensed engineer in planner uh since 1990 uh thereabouts I have a bachelor's degree in civil engineering with a concentration of water resources and environmental engineering and they also hold a master's in architecture with a declared concentration urban planning uh and design I have appeared before uh actually I also taught about in JT with The Graduate under graduate divisions for about 11 years in the School of Architecture and planning um I have appeared before this board the board of adjustment about 110 boards throughout the state of New Jersey I've also been a planning consultant to the burrow of Coldwell as well as um the uh engineer to the township of long hill for three years both planning board and board of adjustment and I've also provided those same services to the township of South L Village uh um just got my licenses about a month ago so my license my new licenses so they're all in good effect and it's nice to be back we're hearing you tonight as a planner both planner and engineer thank you um Mr ker I'm gonna ask you to walk us through this application please sure um I don't remember um I have one exhibit everything else is exactly as submitted do you want to Mark anything just just only only the one that's not exactly as submitted since everything else was submitted at least 10 days prior to the so what I'll do I'm going to go ahead and Mar the last exibit when I get to it I don't have to stop so my one exhibit will be A1 that is a colorized version of the lighting and Landscaping plan it is uh still has the date of 226 2024 although was revised today uh it is identical to the plan before you with the exception of of the lighting we had a transposition of two columns which I'll get to in a minute so I'll get to later but essentially this will be A1 it is dated today and I'll get to that so if we start with the site plan package you have before you um starting I'm sorry for May though that that would have been drawing number four of that plan set drawing number four number and so um the property um is Block 105 lot four it is lot 1,734 ft which is actually an undersized lot in the zone the CMO Zone requires 30,000 foot Lots the um the property has about 98 ft of Frontage along Main Street and has about 241 ft of Frontage along bleer Street it is located wholly within the CMO Zone um it's about 550 ft north of the uh of the overpassing Route 78 so cars coming in from Springfield of Route 78 it's about 550 ft up just at that intersection of bleer and Mechanic Street about 400 ft from my office and about 800 feet before you get to the shop right the um the site contains uh a twostory brick building um that was previously housed an insurance company for many many years on both floors it had about 54003 gross square feet of area the um the neighborhood is uh is eclectic because the everything you see on top of which is to the east is located in the CMO Zone it contains Office Buildings we just recently approved multif family right next door at 298 uh four individual um four units as multi family Development Across the street is the monor school number of two families my office Columbo service station and up into the shop right that's on this side behind that I'll go to the uh go to sheet number two shows the zoning map you'll see that the green is all the CMO Zone As you move further to the east in the CMO Zone it tends to be larger Office Buildings and light industrial buildings and then as you move on to East Willow becomes uh surgical alation facility surgical facilities uh as well as uh uh I think the sports facility gone and it's going to be the temporary home in the town hall shortly um up on that street uh across the street is the ra8 zone and that's where we have a mix of one family two family apartment buildings that run the street right behind that in the yellow area is the R7 Zone which is a one and two family Zone uh known as the Washington District um that's the start of it as opposed to the what used to be the industrial district now the CMO the um if we go to the the third sheet which is our combined site plan and survey we combined the two because we're doing so little to the site uh we didn't need a separate survey we didn't need a separate demo plan um because the uh uh we're basically using the site as it is today we're not expanding the pavement any we're just kind of cleaning up um the parking area the site now appropriately has a two-way entrance that is located uh as far from Main Street as possible to the back of the site so it doesn't present any turning conflicts with the the uh drivers that queue up along Baker Street and they do queue up about 505 they start cheing up um to get out of those Office Buildings an exit um but for the most part ler street is relatively relatively minimal traffic the um the site um pedestrian access currently is off a sidewalk that comes up about 30 feet up from Main Street it comes up at a relatively steep angle it's kind of broken up it's got some gaps and it is not handicap accessible um that's the primary entrance into the what was the insurance building will now be the combined medical as well as Law Firm there is a back also private Serv the um the plan we have before us and by the way the site existing site um has 25 parking spaces um and a non-compliant adaa space that is in the exact wrong location it is as far from the door as you can get probably doesn't matter because the how the building's not handicap accessible anyway so one of the things we're seeking to do is to bring that handicap spot into the more appropriate location and even though only one spot is required under a uh because of the specialized nature of the doctor's use were proposing to G cases so the overall plan then is to um is the change in tendency as indicated no expansion to the building no Chang to the facade to restripe the parking area uh in doing so we're leaving the bank of space is all on the right side as is and in juggling around creating handicap creating handicap TA in we are restriking uh across the front the net is that we lose one parking space um when we do that um two handicaps actually if I got rid of one of the handicaps and kind of reenter this driveway I could actually um um I could actually get an extra spot but we decided it was it was not to the Bas upon the nature of this use uh and office use in general these days we thought it a better planning alternative to provide for the two handicap spaces um the the other improvements are to the lighting and Landscaping um the building if you've driven by it for years it it looks a little old and the Landscaping looks a little old a little overgrown and an opportunity to clean that all up um while also still respecting the fact that we have some site triangle issues we need to deal with um is the triangle between Main and bleer want to make sure that we don't put anything that's going to obstruct any views when people coming down Main Street or vice versa coming out of leer so that was the um that's the overall plan the net result is um in terms of parking the because we're changing from um an insurance which is a standard office use to medical office use that increases the parking demand so even though we're not increasing the square footage of the office base or the building in any way our parking requirement does fill up so the current requirement is for 22 spaces for the combined 543 square feet of of office bace and because we are now seeking Medical on the first floor that goes up to um a total requirement of2 nine spaces so we are increasing the demand by seven spaces as a result of switching over to Medical um and we are going from 25 down to 24 so we have a deficiency of uh of five spaces from 24 um 29 required we providing 24 on the site which includes the two handicap the U we go to the also was critical is we kind of cleaned up the front entrance there's a very large ever green tree that's kind of overgrowing the building um some Cloud Pops that that actually make it kind of a a tunnel entrance into the building we're actually removing all that Landscaping removing anything that's um overgrown in the site triangle and we've created a circulation that while you can still come up the parking lot you come down to the sidewalk if you wish there's now a handicap access that comes from the parking lot across to the front of the building and into the building and there's also then you can also do the same as you come from the corner of Main and leaker there's a handicap accessible spot that takes you up to the building so we provided handicap accessibility both up lot and pedestrians coming fromer and Maine and there is the uh We've eliminated that that walk that comes out we are keeping the walk that comes from the sidewalk into the uh into the parking area so if I go to the sheet4 it's probably a little easier to see this is the A1 I referred to earlier you look at the colorized rendering you can see um there's the sidewalk that continues off the parking near in proximity to the two handicaps which have been moved uh closest spots to the building you can see the walk and you can see we've exercised Landscaping opportunities across the front of the building um again low and scale the building actually um probably the most unattractive parts are some of the the brick work and the the the multiple materials up top when you actually strip that away it's actually an attractive building with large glass windows that are almost floor to ceiling on the first floor and the landscape plan while it does have some height to it we really did want to allow that that that building to to breathe and to see the full glass exposure on that building again there is some small pu of landscaping which don't need to be touched here but essentially we've got nothing in um I will say that there is a section of the ordinance that so we are taking down the one three um which is currently located right in front of the building um I will say that um our replacement ordinance requires to replace that with one new tree and there is a section of the ordinance that requires that for every 10 parking spaces we provide a tree um we did not provide any trees but uh we went over that our landscape architect today and we can certainly add um a street tree um in the area uh that I'm pointing to maybe 20 feet just to the west or below on the drawing from the sidewalk that goes out to the uh to the main sidewalk we can add one there and we can add one a little further up uh adding any trees further up U to the east on blether we're running out of real estate because of the unique geometry of the property um the parking the parking lots are fog the buildings but the um line of the the street Cuts in so it gets very close weach which we'll talk about in a second so the um the net result is we can certainly provide at least two possibly Three Trees uh but we will meet the requirements of the ordinance so we'll provide two um if we can't provide the third we'll we'll make a um in Le of the third we'll Prov provide the required compensation to the tree fund if we can provide three we certainly will um most likely they would be Acer rubs um that's a tree that is preferred by the Forester we of course will be subject to uh Stacy Phelps approval um should this board elect to approve this project so we will comply with that section of the ordinance we do not need from that the um I would also point out um currently the building has a series of flood lights um really back to the 70s when this building was probably built uh we are removing those blood lights everything will now be stated the are LED we do have uh two poles um along the uh along the perimeter they are to the top of the drawing and to the right side of the parking lot uh and those Heights are at 18 feet um one of the Beauties about LEDs is you don't have to do hous side cut off Shields anymore the individual LEDs can be controlled so they they project light out they don't project like back and we point out that um the part of the approval for The Neighbor Next Door was a generat landscape buffer which is in proximity which will cut down so there'll be a little bit of a glow onto the Landscaping time but there's no throw over there zero throw on the neighbor's property and then that's even without considering effec Landscaping in that area so there will be no negative impact we think the 18 ft allows me to use less fixtures and if I go lower it generally means I get bright spots one way of getting our landscape architect um lighting designer seeks to provide very uniform lighting because it's it's really when you go from bright spots to dark spots um it's hard on the eyes when you create a uniform glow um at low intensity it's the safest um and easiest on the island the best for the Neighbors ni sky can find Etc so that's our our proposal because the the perimeter we do have a light I 15 ft against the building rep placing flood lights again um LED and then we've got a couple of small lights um these are just uh wall mounted but they're attractive um style of uh of wall pack against the building all face fall lighting down so there's just really lighting of of the areas of the walk two areas and there is a a pole mounted um Town light that was also providing some light this intersection so we were very careful to to keep that lighting to a minimum I will say that we do need a design waiver as I mentioned something looked off when I was looking at the I was reading uh Grand ped's memo because I knew we had really were really proud of the lighting plan my landscape archage was and we realized we had transposed the maximum and the average because if you looked at what plan you have before you um the uh the average was was uh below the max higher than the max you can't have the average be higher than the max so we realize that Max and average switched so when we do that um again we have a very difficult ambitious lighting standard in this town I don't know of anybody who is fully compliant with it ever but it's a good goal um when we adjust that our parking lot our average is actually 1.3 in the parking lot where one is permitted 1.5 is on the walks again where one is permitted um I would say the difference between 1 and 1.3 or 1 and 1.5 is basically imperceptible um what's most important is the um the average to minimum average to minimum we've got 2.6 in the parking lot 2.1 um an exceptionally good plan is anything um less than three a good plan is anything less than than uh than five so certainly we're in the exceptional category in terms of evenness of the light and even if you look at the more difficult one the maximum to minimum for uniformity um a good value is less than 12 a grade value is less than eight where at 6.2 is our highest so it's a very uniform lit but safe lighting PL meets the minimums but yet it's very safe and so we think it's a um with a very difficult ordinance I think it's the best lighting plan you're going to see and I I think every time I come before this board we ask for some relief on that issue um and this is no different um again our lighting plan our landscape plan is a bunch of low um low plantings for the most part some uh some as far as 24 Ines really meant to highlight the building not getting into the side triangle and we will provide IND at least two if not three Street trees along the street um I would point out that uh our landscape architect did the uh landscape plan that was just installed up at the hearth you Wells Fargo I think if you compare that to what was just installed at the Metropolitan the old Sachs building you see it's a much more high quality plan um could it be better probably always could be could have more Street trees if we had more room but um uh we also did the same landscape architect did all the planting at the uh at the Shanta Clair which I think is also a very well done plan so I think um this is no different it's really site designed for this and I think with the addition of the additional two or three trees I think it's going to really spruce up that site quite a bit so we need variance relief um trash pickup supposed to have a trash uh uh area currently because they've been doing work at the building there is a dumpster floating out in the parking lot but that is not intended to stay once they finish the interior work that's to go away um it's not uncommon if you look at uh the Milbourne comments at 225 um Milburn Avenue there's 990,000 feet of medical there's not one dumpster on that site it's all taken away by the cleaning crews um two times a week so I think uh it's certainly I think a better solution to have that happen here we really don't have a whole lot of room I don't want to lose a parking space to do it I don't want to mess with next to the neighbor so I think uh um it's a solution that's often sought I think it's a better planning alternative technically we need a variance for that we also need the variance for the parking uh which I'll talk a little bit in a second positives and negatives and we do not need a a variance for the EV parking because we're going to provide the EV parking space um if you're if you're less than uh 25 square feet and your retail you don't have to provide one we're actually less than 50 we're commercial so we do need to provide at least one or possibly one um one ready station but we'll comply with the ordinance on that the state requirement provide one and that makes that varing go away uh I already talked about the waivers for lighting um we also need a waiver because the existing parking lot was designed with 18 foot deep spaces and 24 foot backup which is kind of the industry standards residential site Improvement standards it's most commercial standards um our ordinance switches a little bit instead they have 24 feet of backup uh we require one foot less 23 feet of backup but our spaces go from 18 to 19 the net result is they're identical um it's what exists today so we're keeping that um you know if you have one on one side if you have uh 1919 and 23 it is actually um one foot larger so we couldn't really stripe it and be compliant but we are complying with the industry standards we did on the new spaces we are striping them to be the compliant size now our ordinance does have an odd requirement as far as um even though they have 19t depth requirement they require handicap space to be 20t deep which is hard to do when you have a uniform for parking lot um so we meeting the the uh 8 standard of 18 ft deep um and we have basically a 16t wide there eight and eight then we have an eight and five so 13 so there one van accessible spot which is required by adaa then we have one standard handicap spot and they are fully compliant with ADA requirements we just need the variance from this or waiver because they're not 20 ft deep but they're fully functional um Landscaping we've made that waiver go away I think because we're going to provide that there's also kind of a vague requirement that the parking area be screened um from adjacent Residential Properties and the street it's really hard to do that here we're in a commercial Zone where you have parking lots in front of almost every building um the uh providing for buffering against the building we providing trees elev copy Frontage but we cannot meet the we can't certainly screen ourselves from any of the residences which are across the street and I'm not sure if you we actually even consider across the street to be adjacent quite often once you hit the street it breaks that adjacency but regardless uh it was brought up in uh in Grahams memo so we've addressed it that is a waiver that we think uh is Di minous has no negative impact M chair just for clarification I think you just answered it uh when you said at the very end there but the trees you're gonna you're going to satisfy that portion of the parking landscape requirements correct uh and you may have an opinion as to whether or not you actually violate uh the screening aspect of that uh uh variance relief um excuse me waiver relief but nevertheless I think you are uh requesting that the board Grant you uh the waiver to the extent necessary or to the extent you may be violating uh technically that screening requirement would that be accurate as to the parking landscape requirements waver absolutely okay okay and and and just wall them on a roll but not over uh the uh the EV parking requirement that bulk variance you're you're you're going to uh comply with it you're not going to require it uh uh so you're not requesting it uh and uh okay and the lighting intensity waiver you got closer but it's still a deviation technically so you're still asking for that lower magnitude yes sir okay got it thank you good so with regard to the variance proofs we think that these uh the variances the two variances that are on the table for the uh for the dumpster as well as the parking we think these can both be approved either a C1 variances or C2 or a combination thereof um the uh C1 is where the undersized nature of the lot combined with the location of the lawfully existing structure creates a hardship or practical difficulty upon the uh owner of this property in developing it with permitted uses without the need for variance relief to make the to make it work you'd have to Lop off a couple th000 you have to lock up 6 700 Square F feet off the building to make that work um the building is underutilized anyways as are most offices postco um so there's really a hardship that's created by the size of the existing building and its location on the site and the undersized nature of the property I can't expand the parking anywhere there's no available uh land to buy to to mitigate that so there is a hardship that's created I think C2 also applies this is also known as the flexible uh C variance uh that's where the plan with the variances represent a better planning alternative than the plan with the variance relief requested um and uh in this type of variance uh this board is empowered to Grant a C2 variance where the purposes of the municipal land use law are Advanced by the deviation um and the uh the benefits that way the detriments of the 17 purposes of the land use act we uh Advance uh three of them uh in a number of different ways first of all General Welfare um and that this this development is consistent with the goals and objec in the master plan these are both permitted uses uh we are seeking to occupy the existing offices office building as a Gateway entrance to the community with two permitted uses when office demand is at an all-time low you go right over the other side of uh of the bridge and you can rent thousands of square feet of office space um in three Office Buildings near Morris and uh uh and Springfield and maple um so anytime we can get a tenant to move in and occupy a building uh it's to the benefit of the community secondly um it provides handicap accessibility where there is none today uh we're also providing for a sufficient space and appropriate location for a variety of commercial uses to meet the needs of the community as well as all New Jersey residents this is a highly specialized and unique form of medical services to the disabled Community um as indicated they get referrals from uh physical therapists occupational therapists schools uh Trauma Centers um this provides uh an uh the disabled with a unique type of uh medical which I think advances um both the uh objectives of health and safety uh as well as providing for a variety of uses if you may Madam chair can you just give us a subsection a section to of the municipal land use laaw that contains that purpose yeah I haven't memorized all of them yet it's 4055 D2 is the general section uh a is general welfare uh G is uh unique uh um provid appropriate location for a variety of commercial uses to meet the needs of the citizens and I am getting to neck which is a stepable visual fire exactly um two out of three so um I I wake up repeating 4055 D2 in my sleep sometimes um uh certainly aesthetic enhancement we think it's an we're we're making a building that's a little long on the toothb we're actually exploiting its good parts of making it more attractive through an attractive landscape plan and the flood lights will certainly improve the uh uh the glow in the neighborhood that exists now um uh the actually I think the landscape plan actually contemporized the site um all variances need to show that we meet the negative criteria and that is a two-prong criteria is that there's no substantial detriment to the public good and there's no substantial impairment to the intent and purpose of Zone plan uh and zoning ordinance we think that there is no detriment to the good to the public good uh the number of the parking spaces uh provided meets the needs of the two blinded uses um as was the testimony of both the uh uh the doctor's office and the attorney's office um you know the question all comes up what about the next 10 what if they sell well one of the nice things is this is this building is owner occupied so the owner uh occupies one owner occupies first floor one occupies the second floor so it's not as though you expect a business that goes out of business they're going to replace it with somebody else I think you can expect stability and that these uses will be there in a long time I think we also need to look at the changing demographic um and the changing use of Office Buildings after covid in that my son is 27 he actually has to he gets to work two days a week from home but even he's saying these kids today nobody wants to come to the office um he's trying to hire 21 year olds coming out of college and uh it's a different world and so this is an opportunity where um our clients business um they need to be connected they need to work but it provides his his employees with the perk of instead of work working from home you can work three miles from home um but it is uh it's a there's a shift in the demographics I don't think we're ever going to see the the uh office uses to the extent they were before so I think this board can have a comfort level that even if this uh this office were to move out another office would still similarly Bel low intensity because just offices are underutilized these days um the I think that this and there's nothing I can see I'm not going to go through all the this the purposes of the master plan like I usually do I can find nothing in the master plan this is inconsistent with this is a gateway to our community I think it's an opportunity to fill a vacant building uh with a user that was there forever um and I think it's uh it's well done it's attractive I think they'll be a great asset to the community and I would point out you know we sometimes worry about um clients who have a draw and they bring people into the community a they're coming into the periphery of the community so if somebody wants to come in they can get right off of 78 access the site and go back to Bergen County or wherever coming from the nice part is after spending two or three hours most of the clients are going to want to go for lunch and we've talked to the client they said the biggest question upon leaving someone leaving is where can I get something to eat so this is actually a business that is consistent with the master plan is it brings people in who are now going to go down and go to the the sandwich shops and go to the restaurants and go to live breads so I think it's a Ben it's a win-win for the community I my office is less than 400 feet away I welcome them I think it's good for the community and I'm happy to answer any questions that you have or I guess I what I can do is I can go through the uh the professional reports quickly I think I have uh let's go real quickly through um police basically to uh took no issue with the um the parking relief for the three spaces the um I would point out also our parking demand when we provide the one um charging station we get to take our parking demand down by one number so actually our parking demand goes down by one so the V the extent of variance relief requested will be decreased by one car because we're heading that DV station but just in the side um fire department standard nox boox uh requirement CAD drawings um we certainly are comfortable with anything in that um Stacy Phelps would like us to remove the dayes uh replace them with deer resistant lands landscape plant for fly native I've yet to see a deer down there but we're happy to to work with Stacy to find something um and I know I've seen deer pretty far away from the reservation but I not seen anybody my office yet um so but we're happy to work with Stacy to find an alternate an alterate plan material with regard to the uh Engineers memorandum um we will certainly con uh we'll consider we'll we'll have a parking um uh a Paving IND professional look at the parking lot if we think that it's a problem just to do a surface coat and paint um um and we need to re to Mill it then we certainly will we'll work hand in hand with uh Miss Callahan's office I'd like to not commit to that but we'll certainly work with Miss cahan and get her approval if we if we elect to not pave it but just seal code it and uh and stripe it that's acceptable um so that that would be would that be subject to the review and approval of the engineer or you're not going to go that far no I I would say with with I would say we would do it with the review and approval at Miss Count's office okay thank you um I think there's some uh we agree um we talked a little bit I I mentioned briefly um the last two spots one lines up exactly on the RightWay line the other extends about 10 inches in to the uh to the right away it's an existing condition that's been there forever um we'd like to continue it if I try to vacate that um one foot by 9 foot that five or six square feet of pavement I would lose a parking space so I'd like to not lose that parking space although I don't think it matters much to my client but we'd like to keep it there I'm sure they like to have whatever parking but um I do have that encroachment that pointing to A1 you can see that the uh the last space does encroach it's been there forever uh most of the GE unique geometry of the site um I agree with Miss Callahan that um she takes no issue with the slight encroach of two parking spaces into the township right away uh as this is a previous existing condition it creates no hardship to the township um and that's informational um storm water runoff uh not uh we agree not required I'm sorry you could just stop and and go back to number five I thought there was a a condition or a request at least oh yeah we will do that I'm sorry I have I have a big okay but I blew right past it yeah so we will replace the 20 linear of concrete sidewalk um that is in failing condition um and we'll go over that with Miss Callahan's office uh no issues on storm water runoff um and essentially uh all informational um and actually supportive um Miss Callahan agrees that the uh she supports the DI Minimus deviation uh and the design waiver for the uh foot candle levels and uh um she points out that the existing landscape is too large scale for the building uh and is happy that we're replacing it um and also points out the three new LED fixures so it's really informational so we have will agree with uh everything in Miss Callahan's memorandum I think that I've also touched Bas with most everything in grams um memorandum already and I would say if we go to um I think we've we've in his planning comments um I think I've addressed everything on page five grand will tell me if there's something wants me to go back to on page six uh we're confirming uh C2 that there is no exterior architectural modifications proposed uh improvements are limited to Interior fit out um I've addressed everything else um the trees we've agreed to comply with the tree requirement is D2 um our Lighting on three and four is dark sky dark sky compliant they are uh LED and fully controllable so we can limit any throw that's why there's zero spill onto the neighboring properties um and uh we will modify the plan I I drew in by hand but somehow the designations of a lighting B lighting C lighting um got into a non-plot layer so we'll um as we revise these drawings hopefully for resolution compliance if the board approves it we'll add that nomenclature in with which was uh I think item number five and recommended conditions of approval on page seven um again number one we we uh kind of UR with the township engineer that that encroachment of those spaces that one space is to Minimus and um if this board would like we will go to the township committee to get an easement through that but um it's been kind of there forever no harm no foul we're not expanding it if we were expanding it that' be a different different issue um and we have uh we have under number two we've agreed to plant at least two if not three trees and um and or number three provide the uh the payment in lie of that so I think I've answered all of the uh professional memoranda I'm happy to answer any questions questions from Mr um just real quickly you kind of ran through the fire report can you do that one more time yeah it went really fast okay let's make sure I didn't write any checks my client can't cash all right fire um so item number one is that we not block any um um undergoing construction firefighting axis were required by the farm marshall temporary access to a structure for the purpose of firefighting shall be provided we agree to that construction material will not block any temporary firefighting access required by the fire marshall or access to fire hydrant for fire department connections we agree to that there was actually a problem over this last year because the uh gas company was staging in the parking lot and there was a problem with construction material blocking access to the building um our client was nice enough just to not charge the the utility company to do that but they did create a problem which is now gone because they've finished their work in the area um a PDF copy of the uh of the AutoCAD uh final approved plans on CD shall be provided to the fire marshal we have no problem with that um we'll provide a nox box at the uh at the back entrance would be the most appropriate we always verify with the fire department where they want it generally that's the uh entrance right off the off the parking lot and um we'll certainly verify the uhu the premises identification with the tax office and make sure that we have the correct Street number on the building I think did that cover them all it does okay perfect question I have a question about the the ligh the sidewalk looks great but then we have some significant differences inside the parking lot where people will be walking and where you're asking for a lab for could you explain a little bit more so for instance one two three four spot four parking spots on the right hand side up you go from 1.2 foot candles to7 almost half what it is and we are talking about an automist office so people may have dilated eyes coming in all kinds of stuff well the um I will point out that the again the minimum and the maximum is 0.5 and one um and when you if I had a less uniform plan I would be concerned because I want to bump up those low numbers because you again I talked earlier if it's hard to go from a dark spot to a light spot and have your eyes adjust so when it's as uniform as it is between 3.1 um from um Min to Max and three and 6.2 to one on Max to uh Max to average excuse me um I think that those certainly um can justify these numbers the I will point out the um nice thing about Led is they are dimmable so we can always have them put in so that they can be operating at 80% at these levels and if we find that they're a little um they need to be goosed up we can bump them up additional 20% that's the beauty of LED so and that's the way we do most of our site PRS these St we actually spec them out so that either the 75 or 80% of full capacity is what we show and that's what they're set at but it gives the owner flexibility if they find this a problem but because it's so uniform and are and I think the 0. five is perfectly safe and it's actually consistent with all the safety standards from IES all the all the lighting standard um uh Industries out there find that when you have good uniformity 05 is fine okay what what is Ours from from our ordinances it's what are the the requirements are we again Park but that's this is actual predict right right and what what is what what are our requirements that are restricted I know one foot CLE is that I think it's minimum .5 and I don't have my computer I may ask gram to to remind us because I work in 27 towns and I don't remember them all even though this is my home base what's the what's the what's the minimum and maximum uh point and then the uniformity requir average to minimum uniformity Rao is less maximum minimum yes thank you thank you okay Deborah um first I just want to clarify so this property is next to the 298 Main Street property correct yeah in fact we showed a little bit of the on the uh on A1 we showed the the approved Landscaping that goes of both uh Evergreen um trees as well as Evergreen hedge that R down okay so that will be screening because you're asking for screening labor but you didn't mention this being next door to this new development that we're getting so I'm just wondering about screening between these two properties so I thought I did mention it was it was continuous to it um well the the uh Mr Woo and and my client have actually been in discussion working together so the idea is that actually we're going to take um the planting plan that um approved we're going to nudge it over and up the sizes that's that's been the informal discussion because obviously um Mr W would like a little more we've got the sidewalk and uh he would like a little more breathing space in there and then he can go with callar Tree so they've been um acting together they've taken down some trees that were diseased together so uh there's a good working relationship and while I not going to take any of that man material and put it onto the applicant's property um anything else in addition to it would be blocked U because it be on the North side so it wouldn't Thrive so I think we're going to rely on the fact that our residential um uh neighbor to the South is going to provide that we're going to work with them to give them a little more breathing room and put that stuff right on the line okay great um the other thing I wanted to ask you about is um just in looking at at the plant list in the landscape plant um there are two plants that are listed the uh Japanese eneman and the English U that are invasive species and I'm I'm wondering if those can be replaced with something that is non-invasive and in addition whether there can be sort of an increase in native plants on the list there's a lot of non-native on on I will certainly um I'm surprised because Brian from my does not generally use invasives um so I will I'm certainly happy to look at that I will point out um in a controlled environment um we like to use native I I I like the story of the um the Trent the the New Jersey Aquarium that opened in Camden they decided they were going to make it all Native fish to New Jersey and no one came because they were all brown fish and so they said we need some color and they started getting some more Exotics and so there are times when um you know we don't use burning bush but there are times when you want something to splash of color that may not be native but you certainly want to be invasive so we'll take a look at that absolutely that would great and obviously you know even if you can just bump up the number of native species even if it's not 100% certainly the the um if you could ask him to take a look at those uh invas I will give Brian hell in the morning for putting me up here and having to answer that question and if I make for clarification with that General subject would be an approval of our planner so we have a someone mind we're happy with that I have one question um I remember the testimony on the law office is no signage is there signage for the pedric we haven't picked it out yet but we decided the applicant has said it will be fully compliant so I don't know where it's going to be yet or the size but it will fully comply with the ordinance thanks I have a question if my understanding is you're asking for relief for us to approve less plantings in the front of the building on Main Street is that correct um I don't think so um because we're providing the required trees um I don't think you could ever provide enough planting to to make a full buffer so you so people across the street couldn't see the building and again I question whether that's actually what the ordinance is seeking to do s across the street you got a commercial Zone across from a residential Zone but um and I have a site triangle to deal with so we are um we are uh there is a um they're taken down four of the hemlocks that are between the two properties and we had a landscape land that had a large deciduous tree on that corner there so we're kind of working with uh what's available we could certainly look at doing more Foundation plantings on that area but again um we were kind of we were trying not to get plants that rose up too high because they do have those floor to ceiling Windows which are quite attractive in the space and they're facing either the north um or the West so the West might pick up some after some but actually once a sudden there's some tall buildings across the street that that block it so um certainly to the north you get even lights we were guarded against covering those windows up can you talk a little bit about more about that you said you were going to be removing some panels off of that might help us understand better the streetcape I guess of particular design well no the only thing that we're doing there are um there is some um as you walk up the the prime primary entrance into the building there are some big tucks of green clouds that kind of line either side of their their bushes that got kind of out of control okay as well as the tri corner so that's being removed because it's got a tunnel effect and we're we're getting rid of that entrance so that's all coming down and we're moving the plantings uh closer along the building across the uh the frontage along bleer but we have nothing currently planned um along the Main Street facade um just attracted lawn area with the building and then you've got the the two framing trees coming down so you see those two trees you come to this opening and again we were looking to well I could do something off in the um I didn't want to get too an evergreen I mean a tree too close to the existing the tree that we're proposing next door and as I started to move left I started to get into that sight triangle so we decided to basically leave that a manicured lawn up to those windows I apologize I I let you you know explain that again and I apologize I was actually asking you're not touching the building itself then nothing there were no panels being affected on the building I'm sorry right and then my only question is if this is owner occupied and it is a medical space you know with handicap um and I know you only have to meet a minimum for handicap spaces and also um EV spaces which uh if I calculate this right you have 24 SP spaces minus 9 if you expand the office the medical office expands so you have a total of 15 spaces um so my question is is there room to put more handicap spaces due to what this building is or are we building or making this building for future um I would have to defer to the client because the the Ada requirement is one space we provided two right in terms of of handicap um and we're providing the one uh charging station those can be added once you lay that infrastructure and you lay that wire in the ground whether it's a level two or depend most likely be a level two charger once you lay it in the ground you can actually just expand that um right up the road you decided we needed more EV charging so that's kind of a I think that can always be changed in terms of the um again because of the nature of two doctors but the two doctors ultimately will be um not seeing patients at the same time um and then possibly changing between another satellite office that um it limits the number of patients you're going to see on site so if you if you've got one patient you're seeing and you have one patient that arrives there's an overlap you have two handicap spots so I think that um it's adequate but I would defer to the client if they um if they thought they needed more obviously we need to ask for them now because either need to ask for them now because it's going to increase our I'm going to lose another parking spot um maybe I lose one spot for every for the first two or three I put in and then one spot for every three that I put in after that I lose one parking space in the par so I need a bigger parking variants I think what it would be uh the other way is for the applicant to open with the two handicap spots and if they find that um they need more um I don't think that they will base upon their use and we can defer to the the the doctor on that um they can always come back to this board to to convert something over but it would require another VAR bit of Vance relief I would up that parking V and you just touch on again the the accessibility of the parking lot to the building so that every spot is is accessible now yeah I mean basically any the lot is fairly flat and it certainly meets ADA requirements in the lot and then that the spaces themselves are flat enough so they fully meet ADA requirements which the back uh in terms of pitch it does but it's it's the furthest furthest from the site so the two are immediately continuous to the site and there's a full handicap path it's the the closest it is the shortest pass to the front door um you come off the two handicaps into the uh the striped area and then up into the buildings which doesn't exist today any question great I just wanted to note um regarding the proposed Street trees um did you was there one that you had suggested on Main Street as well it didn't I suggested two on two possibly three oner sorry two or three Poss um just wanted to know the the I guess Far Eastern end I know we're turned uh bleer the overhead wires do kind of Traverse so you just have to I know you said a red maple is proposed well the wires actually um or they cross cross the street okay so um part of the reason we did um there is uh there is overhead wires down and then um they cross the street and then there's a wire that comes um somewhere lost it comes from across the street to this pole here and there a guy here so this whole section here has no no no wires overhead yeah I guess so the long is just consult the as far as placement than that okay everyone else is done mine is actually for Mr BR so go back okay actually for gram and and the W but um I had a question on lighting Landscaping page six two uh the testimony I heard was uh okay wait two trees required must okay I I heard you may have two trees and need a third required and you may and you may be able to provide the third tree or a payment in low thereof correct uh to the tree fund um I'm trying to square it with Gram's uh item D2 on page six it seems to indicate two is all that's required and it's either one replacement and the and the fee or I guess two trees to cover it can we get some reconciliation there what's what's required uh and what's being proposed so we have an accurate resolution I I took that to be and I didn't do a lot of research because the trees are kind of easy and we like them so um I'm I'm comfortable providing uh two as a minimum and possibly three so however that's parsed um I thought it was I thought gram was saying that one was required as a as a replacement and then additional two were required for the parking lot that's great so it's three three required so three total okay okay didn't read that way to me but good we got that clarified thanks so we'll provide the two absolutely and possibly the third would be a payment maximum height 12et okay and the the heights gr are good on the on the lighting pause are 12 fet I think SP it up I dark fine and uh um and I guess I heard no on the full cut off lighting and shielding because it's not necessary for Led I'm paraphrasing yeah they are they are essentially they are full cut off we we are complying just yeah modern technology gotcha so you'll concur on that CR so in essence that will keep that condition as is because presumably you're satisfying it with the LED light y got it um pictures uh okay and I heard a a I think you picked the engineer over the planner and went with the No No encroachment uh you're gonna leave the encroachment and I guess the question is I don't know tie goes to the runner if I recall correctly but I guess it's for the board to decide or or the engineer and the planner to battle it out I'm happy to defer to you know the engineering buau administer right of away so I'll I just I know that we don't have any specif spefic plans for bler Street anytime soon so the only thing if we were going to expand That Sidewalk for instance to six feet wide that could be a problem but I there's nothing in the works that I'm aware of that they're planning to do on that side of Wier street so and that encroachment has been there forever no one's it's not like there's a line there and everybody can say oh geez en coaching over the front no line that you can see so I don't see that as being a big hardship I think that respective testimony at least in my opinion hopefully the board members would agree is of assistance to the board members and and and address that so thank you if we were proposing a new encroachment we' need to go to the country commit as as an existing non-conforming condition I think that can gr nothing further M chair thank you uh and I apologize I had not uh opened it to members of the public but if there were any questions from members of the public for this applic this this witness any the three WT any the three Witnesses okay um you have a question for just for Mr for use um as far as the cleaning service that's going to come in and take the garbage how frequently do you have been planned for them to come and take the garbage probably every night that's with the office and my office I probably want it every night and my other offices I thank okay I if there's no more questions I think we're ready to proceed to the well actually public Oh I thought I thought you asked that sorry as public question that that's perfectly fine do any members of the public have any comments they would like to testify to on this application okay thank you and now we've had your closing comments yeah um much of my closing as was eloquently placed by Mr Keller um we believe that our variance relief and our design waiver uh requests here are Justified uh we I believe the testimony has shown that the property is a hardship uh for various reasons including undersized and pre-existing um it is fully developed already which we are not modifying um we're not modifying the footprint we are reoccupying an existing property um for uses that are already permitted in addition as a balance our this application is pertaining to the specific property as Mr Keller testified it is promoting the purposes of the land use law and the master plan of Milburn and uh again it's a permitted use of development property there's no substantial detriment to the public of our plan here uh we request approval of all the necessary variances and waivers and to proceed with the plan as presented thank you thank you okay um yeah if you would like to te up I have my notes sure happy to do Madam chair and help the deliberations uh applicant will correct me if I'm wrong as will any anybody and everybody else but uh I have it as a minor site plan approval with bulk variances the bulk variances off street parking space requirements 29 required now and 24 proposed to be existing uh one of which will be an EBC space and I would agree that might reduce the uh required down to 28 but be that as it may there's a deviation there uh in the number of parking spaces variance one uh variance two trash pickup location uh no location proposed minimum one required uh the EV parking requirement of one space is no longer a variance because the applicant has indicated testified they comply so those are the only two bulk variances uh design waivers uh parking stall Dimensions uh 9 by8 proposed uh whereas 9 by9 required and not and I believe it's is it 9 by 19 or 9 by or excuse me 9 by 20 or 10 x 20 for the Ada it's 20 by 12 or 12 by by 12 the ordinance yeah 12 by uh 12 okay for the Ada so it's the parking stall Dimensions uh waiver is one waiver light intensity is another waiver uh it was clarified that the uh average uh foot candle in the parking lot is 1.3 versus the one uh uh foot candle maximum permitted uh and 1.5 the corrected number of 1.5 foot candle uh as to the walkway whereas 1.0 foot candle is the maximum permitted is the second waiver uh third waiver uh accessible parking space dimensions that I address that already that's actually the Ada spaces my apologies that's a waiver uh and the fourth waiver the parking landscape requirements uh the tree aspect of that requirement will be complied with by the applicant at least two trees to be provided uh and uh the screening requirement uh uh uh the applicant while arguing it may be satisfying that is nevertheless to the extent they're not satisfying that screening screening requirement from public streets and adjoining Residential Properties to the extent they may not they're asking for that waiver relief as well so again it's monitor site plan parking space number trash pickup location uh or the variances and the waivers parking stall Dimensions accessible parking stall Dimensions average light intensity in the parking lot walkway and the fourth is the screening aspect of the parking landscape requirements if the board wishes to move to grant that relief uh I'm going to assume unless I'm otherwise it's with all the stipulated two conditions including those set forth in the engineer September 12 report uh the Fire Marshals August 23rd report the Foresters August 26 report uh the police department's no concerns report of August 27 uh and to the extent they uh with some caveats they were uh stipulated to uh in the planners report of September 10 2024 as well as uh there'll be a replacement uh of the two noninvasive excuse me a replacement of the two invasive species uh with non-invasive species as well as an increase in the native plants provided subject to the review and approval of our planner that's actually the only other condition I got Beyond those that were addressed in the context of all the reports so that might have been a mouthful or two but uh that I believe is what the board is consider I move to approve with side conditions and variances and S reliefs second second cour Diller yes Alison camfield yes Michael Cohen yes debor Nevis yes Frank zendi yes David cosor yes Michael Zion yes Gaston Halbert yes best yes thank you for coming best of luck we're gonna take a five minute break if people need to check the MET score or use a restroom do so now necessarily resume with application 244 e e e e e e e e e e yes okay do we take a roll I doesn't mind with the chair's permission since we had a little break sure still here Alison celd here Michael Cohen here here Frank here D cosbro here Michael Zion yes help are you here I'm here we're good I think all right application 24004 con Pediatrics for preliminary and final site plan approval welcome thank you good evening everyone John wi is scholar on behalf of coner Pediatrics pleasure to be back before the board this evening uh we're here to speak about the building located at 720 Mars Turnpike it's block 1904 lot 20 commonly known as the Milburn shopping center I have been before this board on probably at least three or four occasions on changes in tency uh I think the last time I was here may two years ago before this board uh was for uh aquatat The Swim Academy and the gymnastics uh Academy as well that went into the building I've also been before the zoning board recently a Veterinary Emergency Hospital uh was approved on the end cap of the building uh we're here tonight to speak about the building uh board may recall it's it's an approximately 77,000 square foot building uh building footprint itself is about 55 and change there is a second level in that middle section and there's actually a basement area as well with respect to the building we are seeking approval tonight it's preliminary and final and we do have a variance for a change in tency uh it's basically in the center of the building we have a plan up there that shows some shading I'll have Jim de barbar speak to it it's approximately 2007 square feet uh it was zoma hair salon until sometime recently they vacated it's right next to the European Wax Center if anybody's in there lately um my client is a specialty uh Pediatric Group um medical use is permitted in the zone uh why we're here tonight before the board is uh the space that we're occupying was previously considered uh retail service use which has a parking standard of one per 200 square feet uh and medical uh office use has a parking ratio of 1 per 150 so the space as it currently existed as as retail required 10 parking spaces because we're a medical use uh we are required to have 13 spaces here site overall uh well overall requirement is 444 spaces based on the square footage and the uses Etc uh we have previously and continue to have 283 parking spaces we are not proposing any changes whatsoever with respect to the building itself with respect to the site itself there's no site Improvement uh this really is limited to an interior fit up uh as I indicated uh in our application materials that are before you uh we expect this to be a relatively low intensity use um coner Pediatrics sort of has a different approach uh it's really focused on uh on on servicing their uh their patients they spend a good amount of time uh you're going to hear shortly uh the proposal is we're going to have one doctor one nurse uh and on average we'll be seeing six to 10 patients over the course of the day that may increase somewhat uh it's it's appointment only but if we do have six obviously they have sick children they may get some some additional uh patients over the course of the day and I would also add uh there is a possibility in the future that they might add another doctor and another nurse uh going down the road so that being said that's really the nature of the application that we have before you tonight uh I have two witnesses is I'm going to call Dr Jonathan Jesse he's the principal of concierge just going to ask him to give a little bit more information we'll go through hours of operation in the life and then I have our project architect who's been here before uh Jim debarber he'll go through the plans and just show you what the what the interior layout looks it like and speak to parking and so forth I before I did want on the record though that did review the notice uh found the content to be sufficient found it to be timely served October 3D both certified mail and published both more than 10 at least 10 days I should say and actually more than 10 days prior to this evening so the board does have jurisdiction to hear and decide the application and uh as before if I swear and everyone including our board professionals uh all will be testifying I'll raise your right hand to all of you swear to God or affirm that the testimony you're about to give is a truth the whole truth and nothing but the truth than thank you all and one thing I would add Mr Warner uh you read our notice pretty detailed uh we have uh indicated on in our notice we've got some pre-existing non-conformities rear yard set back as it exists maximum lot coverage uh existing non-conformity in the front parking area uh this variance relief has actually been granted we just carry it through each time because it's always identified as an existing non-conformity uh and we can address it as well but uh actually the zoning board recently technically granted that approval anyway but uh we always look to cover ourselves in those regards so and I did not there may or may not be the need for a ground sign uh uh variance but we I'm sure what we right we are not proposing so we don't have anything proposed with respect to signage uh we expect uh you know if this board is inclined to Grant the approval uh similar to the other tenants in the space we would come in with a conforming wall sign you know over over the front there's an existing pylon sign out front as well we'll expect you know probably put con Pediatrics into one of the uh one of the slots on the sign so we're not proposing anything further in that regard so that being said I'd like to call Dr Jazzy can you last yeah j a SS y uh Dr jasse uh anyone just please provide just a brief overview of of you and uh and what you do and what your role is with concierge yeah sure um I've been a board certified pediatrician for the past 18 years um we have actually two locations currently right now in Long Island New York uh that's where I practice um but I am the owner and founder of this business and we're now moving on to hopefully to to Jersey um to be expanding from there we have already a doctor lined up to be joining our fold um plus uh nursing staff as well but uh as far as cons Pediatrics it's really more about a membership based model um and and medicine has changed a lot um and a lot of people feel like it's a factory and they're just another number and with this it be purposly take a much smaller patient population um and by doing that it gives us the ability to spend a lot more time with our patients and really provide that top level of care for them and I indicated in my opening comments uh you know typically you're looking at six to 10 patients a day is that correct Yeah in our two locations currently we probably average could even be three to 10 patients today currently um for us and I indicated you know you you may have sick children infants adolescence you may have some additional patients over the course of the day correct um yes every day can change especially in the medical world you never know what that day may actually fold but um we purposely only book one patient for each time slot so there is no sick waiting room there is no waight people go come right in they walk right into their room and once they're done they end up leaving so um it gives us that ability even if we have a busier day that there's 12 patients or 15 patients it's only usually one patient that's there at a at a given time and hours of operation 9 to 5 Monday to Thursday correct correct 9 to three on Fridays correct 9 to 12 on Saturdays correct and 9 to 12 on Sundays but really just for emergency purposes correct yeah we will only come in for that and can you just speak to what your typical deliveries are um oh as far as deliveries uh it's uh FedEx UPS um regular mail um that's just see the front door correct yes uh and with respect to um trash recycling um we'll get the medical in a moment but but regular you're just talking about regular office waste and that would get deposited into the existing dumpsters you know by you by you or your staff that's correct uh you know ended each day correct correct and that gets picked up private waste holder with the center is that right yeah uh and can you just speak to to Medical Way Sharps things of that nature yeah we don't have any fluids or I mean if it's drawing blood and or um giving shots so it's just gonna be Sharps and that will be picked up right now we have it currently set up for like every three to six months to get picked up and yeah every three to six months six months and that's just based on the volume because you're so low volume correct and that would be by way of private you a licensed medical waste huler and that's you you cover that correct um I indicated earlier as well uh anticipation is one doctor one nurse correct correct uh for every given day yes right uh possibility in the future you might add another doctor one other nurse yeah depending on uh how successful we are which we we which we hav't right now we might add a secondary doctor on board which if so we might need a secondary nurse okay thank you nothing further can you repeat the hours again yes yeah Monday through Thursday 9 to 5: Friday 9 to 3 Saturday 9 to 12 and Sundays for emergencies between 9:00 and 12 you mentioned you do blood work so I would assume that gets picked up to go to a lab or something was how frequent does that happen depends on the day uh it could be daily it could be a couple times a week and no more than daily correct and that would be at the end of the day that the driver would would them pick it up from the left question s good adding the second doctor later on that doubles the amount of patients a day 6 to 20 or um still wouldn't want to have more than one or I mean bottom line is we don't want to have anybody waiting so if they're going right into their room we probably wouldn't have more than two patients there at once if there's two doctors on at once and then would you have somebody at a front desk or to greet or um the nursing staff is the secretary as well thanks questions okay questions from the public for this this Jim name for the record please uh James de barbery that's spelled D e b a r b i e r i and Mr debarber please provide the board with a brief summary of your educational professional background and licenses you hold I'm the senior principal at The barbar Architects in Rutherford New Jersey I have a bachelor of Architects degree um I'm also licensed uh I received my licensed in New Jersey in 1980 I'm also licensed in 10 other states mostly along the Eastern seab board I've appeared and uh provided testimony many many boards and zoning boards uh planning boards and um again uh I was here for those two applications you referenc for before this planning board with the aquatat gold medal gymnasium application and also before the zoning board for the uh veterinarian uh emergency group in the same shopping center both of those were in the same shopping center and I would offer a couple more prior to those as well yes uh so you're familiar with the site you're familiar with the application have you just provideed the with an overview oh wait you're sorry oh I'm sorry we didn't I didn't I jumped the gun it's okay your licenses are all current yes they are okay and so we're hearing you as an architect now yes okay thank you thank you yeah so I'll turn it over to you uh Mr debarber I know you have a plan up here I don't know whatever you're going to look forward to if it's the exact plan as submitted you can discuss it if you got color markings on this one then we want to mark it as exhibit A1 with today's date I think that we do correct it looks like it's got called shading shading um this is my drawing S2 this is the site plan um just to orient you if you're not familiar with the center um going horizontally on the bottom of this site plan is Mars Turnpike um and the center shown here right now difficult to see is a configuration with a a recessed area in the center of these smaller spaces and the Shaded area I've added on this shows theatric space approximately 20 feet wide by 100t Deep um again just to mention the parking variants we're requesting um at zoma Hair Salon as a retail only required 10 parking spaces now that we're going with u this use as close as we could get was Medical Professional and that requires 13 so we're requesting a variance of three spaces Madam chair do you think we could have that chair moved for him absolutely yes sight line there thanks you're welcome thank you that okay okay this is my drawing um s st2 is floor plan with um calculation on the allow signage call that A2 with the chair's permission since it's colorized yep you can just Mark that A2 today's date 10:16 24 we still there it's a very simple layout at the bottom of the sheet would be the entrance again there's no changes to the building or site um this is just a reoccupation of this former Salon we have the doors uh right across from the parking field that you enter into a small waiting area um there's a doctor's office there are four exam rooms we have the necessary toilets and there's a lab in the back and that's really the total of what's in this site plan and the only other thing I'm shown here is the area of what's allowed for the signage again we're not going for approval for the signage here but um I do show what we're allowed by calculation by ordinance and um that is 31 Square ft Maxum height of the letters for ordinates is 2 feet so it's a two foot high by 156 long sign um that's the maximum that can go they certainly can go smaller than that and just relative to relative to parking you identify the variance you're familiar with this uh with this Center in use uh do you see any issues with respect to a grant of variance relief any shortage of parking uh based on your experience and understanding um no not at all in fact um I just wanted to say that I think this use with the existing uses that are in the center is very compatible there's uh many service is in that Center if you're familiar with it that deal with health and rehab and fitness um counseling and personal improvements I think this is a perfect fit for the center um as far as the parking variants as you've heard um the hair salon uh required 10 spaces we're going to have less than that with this use just because it's an unique use with just a a personal uh uh consultation with the the uh patients that come in and we we will be less from the testimony less than the 10 that even the air Salon had you think the in your opinion really as you're an architect can the variance relief be granted without substantial detriment to the public good yes I agree without impairing and intent the impairing the intent and purpose of the Zone plan and zoning ordinances yes I agree and working on this Center for 30 years off and on and I've never uh been aware or noticed any excess parking in this this Center uh that the various uses that are in this Center uh seem to share parking they're in and out and um there never been in my experience any problems with the parking uh we have been through the reports uh we've got environmental commission engineering police uh none of whom had any comments uh to them so I don't think there's anything else we missed and we've been through the DRC report I don't believe there were any conditions that were suggested there I think we've covered everything in it Mr pedo but unless you have any other thoughts my only comment is just regarding the the the signage information that we were speaking to is specific to the um the freestanding Cent at the front of the property right um and replacement of the panel on that signs which um you know as we indicated in our um a reported SE uh under the variance design W for discussion subsection A2 talks about this ground sign um which stipulates the maximum area of Graphics that can't exceed 50 sare feet obviously with multiple Tendencies there's lots of signs in that area so it's really kind of a technical variance for an existing non-conforming condition but I think it would be best to to grant that relief to the applicant if they're going to replace that sign panel do if I may Madam chair for clarification purposes do we know the magnitude of the deviation we're talking about if we're going to grant that quote unquote technical bar uh I mean it's 50 square feet for the entire thing I mean the entire signage area the the sign area is 8 foot wide for by 9 foot high of course it's you're talking the pylon sign yes that's correct um 8 foot wide uh 9 foot high um double-sided and it has multiple tenants on it the z um spot the Z Hair Salon sign was a lot smaller it was about one foot high by uh 4 foot wide in other word it split that 8 foot and half so um my suggestion is that that be replaced like for like so there's no difference so the zoma sign would come out the Pediatric would come in again this is a a future permit that'll have to be taken out and clarification to the the uh would that variance relief then be necessary or would it have already been granted in other words the sign is not getting any bigger than was previously approved yeah so I believe it to yeah I think if the sign is exactly the same exact rep it's an exact replacement of this sign with previous mayor and I don't think additional really and and historically I I did get one of the more recent resolutions but historically is it accurate that whatever the current sign size is um that was already uh that deviation above the the 50 Foot maximum has already been granted by variant approval as as opposed to obviously being pre-existing form a condition is that correct yes for other tenants the for other okay so I think this was called the the the variance is there already I don't think you need any further Rel you asking I am not asking for any more relief just that we put it up candidly the last time we came in we did a sa did the same thing with some of them I don't recall us really focusing on it because we're going onto that sign so whether it's a variance or just considered a pre-existing non-conformity rather is a previously approved by variance relief a little different than a pre-existing nonconformity as you know correct but if there's a resolution of approval we will accurately reflect that in the body of the resolution so there's no issue with it so I'm good thank you thank you for the impress he had do anybody have questions sir the which exhibits up on the board right now that you reping to just so we know which one I'm talking about should be2 82 thank you that's a diagram of of the number of exam rooms yes uh the blue are four examples okay and the testimony by by the doctor was that there's one person there at a time yes maybe you can explain that we spoke about this briefly before you don't use them um yeah so I mean we have a well room and we have some sick rooms as well and there are times at the end of a well exam there might be as or or actually on the flip side if there's a sick visit that's coming in and they're or they are waiting for a flu test or covid test or something like that and they're waiting and somebody came in earlier then we aren't going to make them wait in the waiting room we're just going to put them right into the room so by having the four rooms if we ever add on a secondary doctor we will have enough SPAC for and four exams okay so there might be four patients there at one point at the same time in longterm future there's a there's a slight possibility on that right thank you good other questions for for the architect thank you any questions from the public I just can you say your name for JE Phil because I was here when we did the you were here like two years ago with the converting the pool and there's a question with Mr buac how you count the number of parking spaces are there any EV charges on this at this project yet not at this time all right at what point do we say that to an applicant it's not to this is really not addressed to you to the landlord you're bringing in new tenants when are you going to modernize your parking lot to have EV charges to comply with state law and that's that's more of a policy question that I just raised because I remember when we were here with Mr buac there was question that there were tenants coming in and people didn't come here for approvals as to the lots and no one really knew how many spaces there were approved like way you cover SE floor but I'm just saying if we're going to have state policy that we want have EV chargers at what point do we say to the landlord not to you you have to start putting them in thank you okay I don't know Mr was the col wants to address uh we're not when such what the state statute requires with respect to existing as opposed to new development so so for existing not required not not presently required I'll certainly raise it it's not a discussion I've had with the building ownership but uh it's a discussion I can have but it's it's not mandated you know with respect to the existing Center and just changes in tendency certainly we're expanding it going up going out Etc that would trigger the requirements to whatever they may be great thank you but to the point yeah worth worth raising as a point of interest thank you yep okay hi Liz I appreciate everybody's time tonight um and we think it's a good application we think it's another great tenant compliment to this Center uh going to provide a different type of medical use pediatric use uh we think it's a beneficial use uh the center has operated well you know with respect to the parking field as as Mr debarber said we think it's complimentary uh and that this variance can be granted uh without substantial detriment to the public good without impairing the intent and purpose of the Zone planning zoning ordinances uh I would also add in I do think uh several purposes of the municipal landel are Advanced by this uh including purpose a public welfare uh and I do not remember the purpose it's possibly e of providing a variety of uh of land uses uh retail recreational other things uh that would be Advanced uh those purposes are cited at 4055 d-2 and uh with that uh we would respectfully ask the board uh Grant approval uh for this application as submitted appreciate it um do you want to walk us through any I think minous happy to okay te up a little shorter than the last one the the the uh preliminary and final major site plan because of the center uh and the modifications uh along with uh just one bul variance off street parking number from a center wide perspective so to speak uh 283 spaces proposed 444 spaces required uh specific to this particular applicant as you uh tenant I should say as you heard um 10 spaces uh would have been required for this for this uh unit the square footage uh if if it were remained retail General as it was before but it's 13 spaces a three- space deviation uh given that uh it's a medical use under our ordinance so parking space number uh uh deficiency is the only bulk variance as you heard the ground sign uh is not required to have variant relief and that will be reflected uh and the reasons why and the uh pre-existing non-conforming conditions will be carried over to any resolution of approval should the board approve the uh application uh and uh the conditions are uh I would I hate I use the term I hate the standard uh conditions because there don't appear to be any other conditions all reports uh were no concerns no comments and our planner uh required testimony uh but no condition no conditions uh so I would like to just clarify something because as you said major site plan um do you know where I'm going I'm I believe we have a condition of an e requirement I don't know if this is something covered in the Dr I would assume you would have requested a yeah waiver for it but I I we just didn't have any testimon our discussion about that and I that might be the only would that be the only checklist waiver just for to make we we had one or two other completeness waivers we had requested with like showing you know all properties within 100 feet and sorry to hold us up I just want to make sure weer 2024 gra I think yes labor was requested by the for e and anything else um yeah there were actually a number of labers that requested as part of the does make sense Madam chair for him to run through him real quick and then the board can decide whether could I asked the planner if this was discussed at the review if you had if this was discussed as development review and and he can testify to uh the general I think I would be comfortable with that but um so gram if you can speak the development proceedings we did discuss these W request of the applican and we as part of our completeness report that was provided to the board as well um we recommended that those W be granted um given the size and scale of the app so it's all covered in the October one 2024 report so that could be referenced in any resolution approval that's correct fantastic thank you and then the board said determination would incorporate that appreciate that okay that said given the uh conditions as set forth uh by Mr Warner does any body want to take motion on this application I move to approve second second Cory biller yes Allison camfield yes Michael Cohen yes Deborah NIS yes Frank Sandy yes David cosgro yes Michael Zion Gaston Halbert yes that's s yes thank you very much everybody have a good evening good evening okay um before we move to to close I will note that our next planning board is scheduled for November 6 2024 at 7:30 p.m. here I move tojn second youon have a specie second all in favor one moment I oppose okay meeting is adjourned everyone thank you yeah okay all right that's all that experience