##VIDEO ID:vB1pbpdM15Q## now the guys see may maybe yeah lucky number seven yeah we see see happens your hey Jess are you how's it going this is know newor I e [Music] [Music] all thank you good evening everyone this is the planning board meeting of December 18th 2024 would you please stand for the of alance states I hereby announce I hereby announce that this meeting is being held in accordance with chapter 231 of the open public meeting act proper notice of meeting dates has been given to the Mars newsby and the Mars County daily record and posted on the bulletin board in the burrow Hall this meeting is a Judicial proceeding any questions or comments must be limited to issues that are relevant to what the board May legally consider in reaching a decision and decorum appropriate to a Judicial hearing must be maintained at all times roll call please Mr Mr Pres here Kelly pres Mr here may pres Mr right okay do we have any comments from the public to speak on matters that are not on the agenda okay seeing none we will move on this is not on the agenda but we have ordinance -224 which was referred to the uh planning board um uh and it's with regard to a change of Zone and I'm going to turn it over to our planner Liz leaney thank you m chair um so the the council has had the first reading of this ordinance which involves uh rezoning blck 10.01 lot 2.01 um which is known as 300 Taber Road from the R1 residential to the C1 or sorry I'm sorry was R2 res idential to the C1 Commercial Business we had discussed this at earlier planning board meetings and there was um discussion I believe at the council uh so per the municipal land use law at section uh 40 dot or 40 colon 55 d-26 when after the first reading the governing body has to refer any um ordinances to the planning board for the planning board's recommendation on consistency versus uh not inconsistent with the master plan and I think because this recommendation actually originated and and and came from um the planning board by a report from the master plan committee uh I think the board can be satisfied that the ordinance is not inconsistent with the master plan and can make that recommendation to the governing body do any of the board members have any questions no and we have a motion uh to that the ordinance is not Inc consistent with our master plan so second second roll call please Mr yes mrri yes Mrs Kelly yes yes Kell yes may yes mayor second did you second that I oh I seconded it yes I'm sorry thank you okay so we are here for Pb 1-24 McDonald's USA LLC we're going to continue with the uh public comment at this time Andy do you want to set up the rules here yes well just um little briefly your last meeting we had about two hours and 10 minutes of public comment has decided up to another 3 hours tonight so um 3 hours now comments and so we hope can get through that everybody very well articulated comments participation that next member of the public wish to speak and come up and four minutes four minutes as it always has yes um good evening and thank you for hearing our state oh I'm so sorry Rachel Ry i n h r t styen please raise your right hand you swear orir the testimon evening before this board I do okay good evening first and foremost I love Morris PLS my my family and I moved here 7 years ago and we have enjoyed almost every minute of it since moving here we've enjoyed seeing new businesses open and cide however it was an unpleasant surprise when I learned that a to Lane McDonald's drive-thru was being considered on Speedwell Avenue across from my child School directly in the heart of our downtown a driver through of that magnitude has absolutely no business being in our downtown I can stand up here and give you an extensive list of reasons why approving this application would be a bad idea but as we've heard there are plenty of residents and neighbors of mine who have given and will continue to give you those reasons I am here tonight to directly address you the planning board we know that the zoning was changed to accommodate a drive-thru in this Zone we also know that this site was being listed as a drive-thru before the new zoning ordinance passed it was listed as far as far back as December of 2022 and the new zoning wasn't passed until October of 2023 at an August 18th planning board meeting Jill cere brought this up and Mr Brewer said it was not best to talk about this property as the board cannot consider it at this time well folks when is the time I have either attended or watched online all of these planning board meetings I have watched and listened to you hander the applicant and their lawyer Witnesses and experts and shoot down dismiss and insult the experts and lawyer for the residents of this town Mr bolo claimed that as residents two of our experts had too strong of a personal interest in this application and their testimony should not be entered into the record Mr vollo do your experts not have a personal interest in helping you get this application approved are they doing this free of charge Mr Brewer you have denied the Public's request to submit relevant evidence all while allowing the applicant's lawyer to go about his business as he sees fit not a single member of the public was allowed to question the testimony of our experts on Monday evening I may not be a lawyer but I was raised by one and last I checked both parties have an opportunity to question both sets of witnesses and as stated on our own website during the hearing on the application the board will hear hear testimony and review documents in support of the application as well as from the board's professional consultants and interested members of the public we are the interested members of the public and we deserve to be heard you claim Mr Brewer that you have broad scope to conduct the proceedings as you see fit I disagree it was an egregious misstep that we were unable to submit a video into evidence or to bring up other McDonald's sites that the applicant had opened the door for And yet when Mr bolo questioned our experts and yet again brought up other McDonald's sites there was absolutely no objection from you or the planning board the applicant seeks a variety of waivers or variances for this site when asked to cite reasons for requesting these eight variances the applicant States in part that with respect to the parking and loading variances McDonald's request for Relief is premised upon its experience with restaurant resturants of the same size and similar in design and location so again the applicant may use the these other restaurants as their justification but the residents cannot for all variance approvals New Jersey law states that the applicant must prove that the purposes of the municipal land use law will be Advanced by the proposed deviation from the zoning ordinance and that the benefit of the deviation substantially outweigh any detriment I'm almost done so what are the benefits to Mor PLS do they substantially outweigh the detriments are these requested variances consistent with our master plan have you identified the detrimental effect that will ensue from the grant of the variance which is your charge by law as members of the planning board by not allowing all of the residents experts to hear questions from the community I would conclude that you have not properly identified the detriment that this application when have on our community nor do you appear to have any desire to hear evidence of such detriment legally I'm I promise I'm almost done legally you need to consider if the application does the following enhance the safety or general well welfare of the municipality provide adequate light air and open space promote the establishment of appropriate population densities and concentrations provide sufficient space and appropriate locations for a variety of residential or recreational uses in order meet the needs of all New Jersey citizens promote a desirable visual environment I understand I will be done in 30 seconds I know that this application does none of that thank you I am not done yes you are they it's not up to them yep he said it was up to them if I take another 30 seconds I will take away from minutes thank you you said they could when I was up there with you Miss Kelly heard Miss mcclusky heard I'm going to give my title I'll be done in a second according to the New Jersey Superior Court in kman V planning board decided in 1988 by definition no C2 variances should be granted when merely the purposes of the owner will be Advanced so again I ask you what are the specific benefits to the community with granting these variances and approving this application benefit anyone other than the land owner and tenant and perhaps some other people in the room there are valid legal reasons to deny this application it is your responsibility to engage with and approve applicants who help promote a thriving downtown who create fewer problems for traffic fewer risks to the environment fewer risks to pedestrian safety school safety and noise levels rather than considering granting variances for an applicant who quite frankly seem to be the town in which they sorry I for you to deny this application be better do better plant better trees than [Music] [Applause] somebody has come up to to the dice to U give it speak somebody's coming up to speak um and I I'm going to guess that they're under 18 and I gave a my opinion that that can that can corrup um this individual's parents parent is in you just be aware that this is being videoed their name will be on and that will be live on the internet forever just to know that I do have to ask a few questions about their ability to testify and you will be people up here or there can ask you questions after you testify so are you ready to go forward okay um please state your name and spell your last name and give your address my name is ponman W no it cannot no address a child on the on the internet if her parents agree yes okay well let's ask the parents then because I don't think they've been asked the question yet I just want to protect this child are you the parent no I'm not no I'm not asking are you the parent and do you agree that she can testify and put her name and address and her face yes yes so please state your name yes who you indicated you were the individual's parents who's about to who's going to speak just just for the record for the the court reporter just please provide that address your name and address Vanessa Waxman w m n okay you gave that um now please raise your right hand and I'm back ask you to tell the truth so do you swear or affirm that's the testimony and statements need to give today be the truth the whole truth and nothing but the truth yes ask a few questions do you do you understand what it means to tell the truth as it means to tell something that is not true yes what does that mean to you um so when you're telling the truth it means that you're telling what actually happens or will happens or a fact that you know is for sure true and when you're telling a lie it's the opposite and do you understand that if you up here you're going You're have to tell the truth that if you don't tell the truth you could be punished yes okay you can now speak for four minutes my name is Payton Waxman and I am a sixth grade student at B school I'm speaking here tonight to share my worries about the McDonald's drivethru being approved to be built in front of my school students my age younger and older walk to and from school a lot of kids walk in front of the school to get home I'm concerned that driveth through will cause heavier traffic and make it more unsafe and scary to cross the road even though I do not live where more McDonald would like to go I walk home from school when I walk home from school and the crossing guards have already left for the day I always get nervous to cross granis and Glenbrook which are already busy roads if you add the McDonald's with a drive-thru you're just adding more traffic to the downtown Morris PLS area and possibly even the side roads as detours and cut throughs this would make The Road Less safe not only during the school year but throughout the entire year mors trains is a walking community and kids should be able to walk around ride their bikes and be and just be able to play outside without having to worry about cars and heavy traffic please consider the safety of us the kids of moris PLS before making your final decision about putting McDonald's in front of our school thank [Applause] you pleas St your names tell your last and give your address Karen Martin m a r t i n eight Parker Drive Mars Plains raise your right hand you swear or affirm the testimony you do this evening before this board would be the truth the whole truth and nothing but the truth I do uh my husband Bob and I have lived in Mars Plains for almost 50 years we moved here in 1975 we've raised our three daughters here and um we realize that moris Plains is not the sleep little town that we moved into in 1975 in fact there was no traffic light at at the corner of 202 and a policeman would get out and direct traffic that was Mars Plains um I realized that progress is necessary and we certainly had our share of development however I also have a disclaimer about McDonald's I have eight grandchildren and I take them to McDonald's for occasional treat I take them to the one on Ral and the old Kmart Plaza busy highway no houses I take them to Floren Park to the off Columbia Turnpike again a strip M no no houses um so I am not really against McDonald's per se I just am against where it's going to be placed in fact I am more of a neutral witness because my kids are gone I don't live anywhere near McDonald's uptown but I have a vision for the town I moved into it's not going to be the same but we do not need a McDonald's with drive-thru traffic increased traffic kids walking to school and B school where my kids went so I'm sort of I'm going to be in a retirement home probably in a few years but I care about Mars planes and I don't want a McDonald's drive through there that's my opinion and I stand by it thank thank you good evening my name is actually Carl Peter demit but most of you know me as Pete demit d as a David E M is a Mary N is a Nancy I TZ I want to be clear and your address please 23 Academy Road your right hand you swear testimony give the evening before this board will be the truth the whole truth nothing but the truth I do I want to be clear on point number one I do not want to be here I have been asked over the years ever since I moved to Academy Road to appear before the council about the Train the flight path of the helicopter and I knew what I was getting into when I moved to 23 Academy Road I took my marked unit from Marl toown police and I sat at Academy in Canfield I looked down the street said Police Department for the state I looked up the street saw a culde saac I knew Leo Buckley had something to do with that I said really safe I went around the corner and I saw friendlies now I get it I get it it's commercial Zone and you can do a lot with that however there might be something that you don't know about and I would have never bought if there was a McDonald's about if there was a McDonald's there I don't know how many of you remember marown McDonald's and one of the reasons I decided to come is because the comment that McDonald's isn't good enough for Mars for Mars PLS marown McDonald's was the subject of a lot of police dispatches marown McDonald's finally had to hire a police officer to sit there for 8 hours two 4our tours I did a lot of them my myself I gained a good 30 lbs but I understand why they wanted that done I am asking you to look at the McDonald's experience in Marist toown because similar to Mars Plains it's on a Main Street it was on La it was on Washington Street a half a block up it finally closed it is the only McDonald's on the planet that ever closed it was because because of situations and I'm not going to get into the specifics that's something you should probably look into it closed because there was so much activity that required police response now I understand I've been around 36 years of martown police the last thing I wanted to get involved in was controversy so far the only thing I've been involved in is maybe officiating a basketball game that's the most controversy I've been involved in the last six years and that's why I said it didn't really want to be here but you need to look at the marst toown experience you need to do your work on that and to say that you know Mars town or Mars Plains isn't good enough for McDonald's I defy you Frank to go into marown and try to put a McDonald's and all the open store fronts on North Park Place ain't going to happen because they don't want McDonald's there either I hope you guys have a good night I hope you'll consider looking at the [Applause] I have a question for this witness no you're not done come on I can question you come on let's go I've known you a long time I know you too and you know what You' be appropriate to me by call my first name you call me Pete Chief thant did you review The Morris Plains review letter from the police department in this case no do you know if the Morris Plains burrow Police Department had any comments on the safety of the site no well they didn't do you disagree with your brothers in the Morris Plains Police Department or do you know better than that about more hold on about Morris Plains I am considered a controversial figure because I have disagreed with my brothers and sisters on a lot of issues I telling this is anecdotal I get it but it's very similar have you looked at the mar marwn experience have you researched what occurred in marown when McDonald's was a half I'm asking you a question I'm not on trial sir I didn't come to testify you did you came to testify sir your question my question to you is did you review the report the answer is no correct I don't need to I didn't ask you that I said did you review it I've been in court sir no correct that's all I have for you Chief thanks for your time try bringing it to Mars job [Applause] Nam by your ask and your address uh Carrie Ivy i y I live at 8 leore drive right uh lore l e a m o o rir the testimony you get this evening before this board will be the truth the whole truth and nothing but the truth I do good evening and thank you for the opportunity to for comments I've been a combination of moved impressed and fired up listening to the comments from other members of the community and I'm in agreement that this proposed development will not serve the best interests of our community I will also add some perspective from my 15 years in engineering and program management where I've overseen and advised on many Technical and high States decisions on a variety of topics spanning multiple engineering disciplines we convene Boards of experts and stakeholders not unlike this one where data is considered thoughtfully to make decisions sometimes there are too many open questions risks and too high of uncertainty to make a sound decision in those cases we identify open questions work out plans to gather the data needed to have the confidence in the path forward my opinion based on the testimony from the applicants experts the experts from the objectors and the testimony from residents is that there's no way we can confidently move forward with the decision to approve this application there are too many risks and a lack of substantive data to ensure that our residents will be safe and our community will be served well to justify allowing these variances our zoning laws serve as a specification and while drive-throughs are in approved use in this Zone there are many areas in which this application and plan are out of spec for any of my fellow engineering nerds the testimony provided in favor of the application is insufficient Mr V himself was asking Mr Bad Le for a higher standard of data and evaluation than his own team provided especially regarding environmental impacts traffic studies based on standards that may or may not be up to date serve a purpose but lack the ability to provide true confidence in my field we use modeling simulation to advance a hypothesis but almost never to make a decision when the traffic engineer was asked by Ryan Martin if they ever go back and see if the actual traffic impacts match what his studies said he acted as if he did not understand the question which to me is very surprising because of course someone who is a professional engineer can I stop up the time okay it's fine 10 seconds um when you read and I understand some some people have written D you tend to read really fast and she's trying to take it down everybody wants a full record of what's going on I can email um extra time for me talking you get it back I steal any of your for minutes all right so I'll slow down okay all right I'm just helping her okay all right sounds good okay all right so when the traffic engineer was asked by Ryan Martin if they ever go back and see if the actual traffic impacts match what his study said he acted as if he did not understand the question which to me is very surprising because as a professional engineer of course you would understand the concept of validating a model with real world data that's just standard the closest thing that we had in this scenario to actionable data is the video of a delivery truck in action in they own that would have provided context to how a delivery truck looked and sounded in action on a real McDonald's site and the board opted to not allow that information to be entered into the record we have no measurements no hard data on the number of expected visits per day just statements from McDonald's to trust them mind you they're the ones with mountains of data that I'm sure they gather as part of their corporate and investment processes and the ability to go get that data but they have not provided it lastly the people who have been here on McDonald's behalf will walk out of here tonight with no ramifications on this decision the people here members of this community are imploring you to consider how ill-fitting this development is within our community we're the ones who will have to live with those ramifications most concerningly the safety of our children I hope you'll consider all of our testimony and make the best decision with the best interest of those with who actually have something at stake in mind if the options this evening are to approve or to deny the only answer is to deny thank you [Music] [Applause] pleas name ask provide the address my name is Rob melier MC capital a l e a r I live at tab raise your right hand do you swear or affirm the testimony of get the evening before this board will be the truth the nothing the truth I do I want to ask the board to consider the following Four Points before voting first the Lots in this application are zoned for a drive through but not for this drive-thru we wouldn't be here if an approved use by itself were sufficient to Grant a C2 variance instead the applicant needs to demonstrate that there's an opportunity for improved Z for the burrow that outweighs any detriment ask yourself did the applicant make a good faith effort to really weigh this application's detriments or did it simply dismiss them because if you think it didn't really weigh them then they haven't met their burden of proof second the applicant's planner did not sufficiently justify how this application process I'm sorry how this application advances the purposes of the municipal land use law for example he stated that developing this site would absolutely Advance purpose a by promoting health safety and general welfare but what method what evidence did he use to arrive at that conclusion he didn't tell us likewise with purposes G and I by what criteria was the site determined to be quote creatively designed and Visually pleasing was it McDonald's criteria his own Aesthetics we don't know know because he didn't tell us how did he determine that a reduction in impervious coverage provides the borrow with a net environmental benefit especially given the pl's clear air noise and other environmental detriments he didn't tell us to be considered credible in the state of New Jersey an expert needs to explain how they reach their conclusions asserting them alone is insufficient third we all know that sometimes what is not said is more important than what is if you notice in this whole application there was very little discussion of and no justification given by the planner for the menu and Order Board sign variance why because while they can argue that a drive-through furthers the goal of the master plan they cannot argue that the variant needed to make it a double drive-thru benefits our zoning plan because it doesn't doubling customer volume only benefits them and they know that fourth developing the friendlies lot in general doesn't provide any substantial zoning benefit because because the lot isn't empty because of a zoning problem it's empty because the owner wants more rent than the market has determined the site is worth even McDonald's can only make the financials work if they cram a double drive-thru in there if you grant these variances you are in fact interfering with the efficiency of the local real estate market which has for years told this owner they want too much rent and you can send them me and you send the message that if an owner purposely keeps a building vacant long enough in Morris PLS the borrow will cage and make whatever exceptions necessary for the owner to make money is that really the message that we want to send the applicant has said multiple times that this is a simple application well I agree it's simple the applicant simply didn't meet their burden of proof simply didn't adequately support their variance justifications and simply didn't explain why a double drive-thru creates a better zoning opportunity for the borrower this application is not a good fit for the site nor for our community it really is just that simple thank you for listening and thanks very much to all of you for your service to the [Music] party Rob M MCA Le I guess you're welcome please state your name spell your mask your address Michelle Cristiano c r i s TI i a n o 15 Brier click Road you swear or affirm the testimony you give this evening before this board to be the truth the whole truth and nothing about the truth and did I'm not here to discuss traffic we already know how horrendous and disruptive it will be I am not here to talk about pollution many have touched on that already I won't talk about safety and the risk you are putting on our crossing guards and the extra burden you will put on our law law enforcement I will not speak about how the charm of our little town will be destroyed and stolen from us I will speak to you about our village our Morris Plains Village my Village in this Village that we are lucky enough to call our home where yes we don't always agre and where we know some folks better than others yet we have the same goal and that goal is to protect our community to protect each other and most importantly to protect our children and I will repeat that most importantly to protect protect our children when there is a crisis our village can come together quick enough in 2021 my husband passed away from cancer leaving behind his 11-year-old son this Village was this Village was our life jacket they saved us from drowning that's what Villages do right they protect each other why don't you want to be a part of our village this is a great Village why don't you want to protect us and our children why would you allow strangers to belittle and degrade your community why would you try to silence the voices of those who were here week after week fighting for our community this Village these people are the reason why you have the privilege of sitting here before us this Village supported you we believed in you and we trusted that you would look out for our best interest and the best interests of our children and sadly that is not the case it seems you are willing to sell your soul to those strangers that don't care about anything other than the almighty dollar will they cook a meal for you during a crisis will they welcome you into their home will they check on you to be sure you aren't crawled up in a ball unable to get out of bed some of you know our children and our children know you some of you are substitute teachers and some of you are our neighbors yet you are not worried about their safety and you are not and you are not worried about failing them I am disheartened disappointed and I am angry by the Havoc that you have caused to our little community be better never dare to sell your soul for money no amount of wealth is worth taking away the safety for our children I cannot um take credit for this quote but a society grows great when old men plant trees whose shade they know they shall never sit in thank [Applause] [Music] youate your name your last address Colin O'Reilly 6 Oregon Trail before I begin my time your last o apostrophe r e i l l y raise your right hand you swear orir testimony you give this evening before this board will be the truth the whole truth and nothing about the truth I do before my time starts I'd ask for a a point of procedural clarification uh I believe that this is the members uh the Community member comments section of the meeting uh we have not been sworn in as Witnesses and I'm not sure why a cross-examination by the applicants Council has been allowed thus far just wondering if the the board would like to weigh in on that if that's something expected for the rest of the evening this is public comment Robert's Rules of I I lead a a committee here I lead a council in Morris PLS that's not in line with Robert's Rules of of meetings and I'm not sure why we're allowing that this doesn't go to Rob rules at all that's not how one that doesn't govern this meeting um The Rules of Evidence don't apply people are providing some testimony and that is standard practice when member of the public testifies under the RO they are that's C four minutes all right thank you good evening as I said earlier my name is Colin O'Reilly I'm a resident of Morris Plains my wife and I have raised two children here I have volunteered for the town on the Board of Health for the last 13 years for the past three serving as chairman I'm speaking tonight as a resident and a pediatric critical care physician the only one who lives in this town as the basis of my profession and in my 20 plus years in medicine I have treated well over a thousand if not thousands of pediatric trauma victims from those in train and plane crashes to pedestrians struck children hit while on bikes on scooters and in motor vehicle accidents and yes I have treated children from Morris PLS unfortunately when it comes to Pediatric trauma if you name it I have likely seen it I currently serve as the chief medical officer for Children's Specialized Hospital which is the country's largest pediatric Acute rehabilitation facility if a child is traumatically injured in New Jersey there is a high likelihood that I will take care of them at some point in their recovery journey in all of the instantaneously lifechanging traumatic accidents that I have seen my experience is that the ones that most negatively impact emotionally on families and on communities are that are those that could have been prevented this is what we are talking about tonight I have listened to the very intelligent and eloquent concerns of our community members imploring you to recognize their safety concerns which have not been satisfied by this applicant two nights ago I heard Dr Lauren Martin a fellow pediatrician share a study from the American Academy of Pediatrics that I hope this board was able to go home and review over the past 48 efforts very scary validated data related to risk factors for child fatality this establishment does not belong on the proposed lot in fact it cannot be approved unless you grant the applicant exceptions which will directly increase the risk to our population to be clear objectively and this point is not being argued what they are asking for is at least 1,400 passes of cars daily entering through a mid block entrance the location of which in the study that Dr Martin share is the greatest area of fatality for children in an already congested two-lane road across from our most densely populated concentration of children as a pediatric critical care physician and a parent that terrifies me I'm having a very hard time understanding why that doesn't terrify all of the members of this board I would request that those of you who are considering voting yes to this application also please think of the name of a child or Community member whom you would be okay with sacrificing in a tragic preventable accident because it's not a matter of if a child or pedestrian gets struck it's a matter of when if that concept seems horrific to you then you have an obligation to this community to vote no thank [Applause] [Applause] you please state name provide your address please Don Brun BR r u hn 21 Dayton Road you swear we're this evening before this board will be the truth the whole truth nothing but the truth I do I've called Mars Plains home for most of my life after graduating from college I lived in a few different apartments in chadam marown but when it came time to start a family nothing compared to the community I grew up in we settled on Dayton Road where we've lived for 17 years raising two children in a neighborhood where safety and connection to others are at the heart of daily life life when I told my daughters I would be speaking tonight I asked them to share their memories of growing up on Dayton they told me about learning to ride bikes at the culdesac riding scooters up and down the street walking to friendlies walking the dog and of course trick-or-treating and all these activities were done with the freedom and safety that made our neighborhood special that's why I'm here tonight to speak up for my family my neighbors especially my neighbors with young children and the future of this town if this McDonald's proposal is approved our neighborhood will change dramatically and future Generations won't have the same safe streak that my children experienced this town has changed over the decades but not all the change is negative change can be positive when it aligns with the values and vision of the community a good example of this is when Arbor terrorist replaced Breton Woods while it was sad to see that business go what we placed it has positively impacted our community before the pandemic my daughter participated in an outreach program where students played board games with the residents it had a profoundly positive effect on her and I'm sure the residents appreciated the opportunity to connect with children that's what this town has always been about building positive personal connections face to face interactions not a quick transaction at a drive-thru the McDonald's proposal does not support the value shared by most people in this town frustrated driers stuck in traffic does nothing to benefit this community the only Advantage I see is filling a vacant lot with a faceless nameless person that has shown no effort to connect with the people who live here remember the faces of those who have had the courage to speak up over the past few weeks urging you to consider their concerns think of those who have served this town before you who sacrificed to protect its character up until now those making decisions for this town have always considered both the positive and negative impacts on the people who live here these decisions have resulted in positive additions to our town like Arbor Terrace scoop station TD Bank art and motion all businesses that contribute to the long-standing tradition and character of this community this McDonald's drive-through does not fit that tradition it represents a shift away from the values that have made Mars Plains place or families like mine want to stay it's not just about the traffic the noise or the bright lights though those will be hard enough to live with it's about the erosion of the sense of community we've worked so hard to maintain people just rolling through a drivethru are not making face to- face connections with anyone in this town the name of the game will be to get in and out as fast as possible with little regard to the people that call that side of speedle home or to the pedestrians trying to safely go from point A to point B tonight I'm not just speaking for myself but for every resident who wants to be able to walk or jog safely while greeting neighbors who know we know and recognize faces that are part of the fabric of this town that are smiling back not disgruntled frustrated drivers sitting in traffic on speed well this is a moment to remember what makes Mars PL special and make a decision you can be proud of tomorrow and many years to come thank [Music] you please State your names by your your address Daniel Bennett uh DN 19 days on Ro your right hand you swear orir testimony this evening before this PO to be the truth the whole truth and nothing but the truth I do good evening everyone my name is Dan Bennett and I appreciate you taking the time to hear my voice tonight I am a proud husband and father of three beautiful children that reside on Dayton Road I like many others in our town have unfortunately been dragged into this shambolic situation it appears Our Town Representatives do not have our best best interest at heart I have been unable to attend these meetings in person but I've had the opportunity to watch from afar via the live feed that bill Houston has been able to provide thank you for that [Applause] [Music] bill one of the greatest things about something being live is that you get the chance to see everything unfold as it happens I've been so deeply saddened by the constant disrespect childish attitude and unnecessary insults as I've heard from the applicant sides the lack of Interest which has come across as extremely arrogant from some of you sitting opposite me today is astounding I have watched you sit there doodling I have watched you sit there and talk over people and you are very quick to shut other people down it is laughable that I watch my screen and witness board members dozing off in every meeting and still have the chance to vote despite missing a fair amount of information you have continuously catered to Mr Moo's request which does not feel me of a great deal of hope he successfully requested that his closing statement allows him to have the final say this is shameful and the way you folded to this request was pitiful my opinion is that you truly underestimated your fellow Neighbors in this town and thought this would be a home run as you sit here today for what feels like the 100 meeting that's taken place hopefully it is apparent that you were right wrong and the public is here to stand up for our own safety do you still have the audacity to continue to ignore the fact that Mr V and his experts have yet to actually provide sufficient evidence to prove to us that we can guarantee the safety of our residents do you still have the audacity to ignore the very people that you serve who have expressed deep concerns regarding the future landscape of our town board members of moris plains stop this mess like many others have already said before me we are not opposed to a McDonald's in town we are opposed to the location there are much better options than than placing this eyes saw on the busiest road in front of two schools a church and so close to our quaint and unique downtown when all this is said and done and you no longer hold a chair on this board are you really going to sit back and think that this has made a positive impact on this town all the hard work and Timeless hours I'm sure you have put in will go to waste you will destroy it all the residents of this town deserve more the future of this town deserves more plant better [Music] [Applause] trees please change name spell your best my name is Jim hunt HC one of the simple ones to spell sorry one of the simple names to spell address H 44 J if you swear or affirm the testimony you give this evening before this board will be the truth the whole truth and nothing but the truth I do before I read what I've written tonight I'm struck by what the doctor said about fatalities about your willingness to visualize what mighten before I begin the formal thank you i' I've been struck as I said by the doctor's comments about what happens if a child is killed during this McDonald's potential drive-thru experiences they I tried to get a burger soda whatever it might be I spent most of my retirement years now trying to help make the New Jersey Road safer every year I meet with families of victims of Road violence on the world day of remembrance New Jersey is higher in fatalities than it's been in years we are not doing what we can do to make our roads safer and the federal government and others have led way with something called The Safe Systems approach which suggests it's not only what happens on the road it's what happens off the road that makes a difference in creating traffic violence and death the truth is that none one of us if we're driving tonight knows that we're going to get home alive because of the danger in our roads depending on the roads we go and plus we have rain and who knows what's going to happen we have to do everything we can to take the system to a place where people are not killed the state is about to pass a bill called the target zero commission Bill looking for unified ways the state can take leadership and ending injury Serious injury and Death on our roads by 2040 it means it takes everybody in every town to engage in a systems approach including not approving propos proposal is like the one in front of you this proposed McDonald's looking for your approval would squeeze in let's face it a corporate cookie cutter Highway operation between Main Street our Main Street and a residential neighborhood with no benefits to our community that been at least expressed how through their variances variances that you have the power to deny this Squeeze Play they proposed would face us with increased congestion likely vehicle crashes more risk of injury for pedestrians and bicyclists and more Reliance on our police to manage the problem they would create cre8 because McDonald says that's our problem not theirs we'll be treated to glaring advertising on more signs than are permitted in the ordinance some three times larger than the buau permits if they're allowed that variance I will if I if I can take that slow down part of my time all to attract customers to a hot spot of emissions from idling cars to potential altercations from Road Rage or Worse to security issues are running a late night late night operation that the chief explained to marketing camp campaigns that are designed to lure drivers from everywhere and increase the so-called 700 to as many as they can to support the finances of their project as many of our community have pointed out they're relying on multiple variances to make it work and you have the power to deny those variances most troubling to me is there report that at a non-public meeting with the do they were told and then told this planning board that the do gave him a green light well what was discussed moving to cross creating another block the Box along speed will adding hundreds more left turns a day right turns a day what else what else was discussed the dot will require a permit that requires a detailed checklist and much other information before the do will approve you will have to take a look at it our planning War should have a voice in permit process and all the information not just rubber stamp it with your the assurance that it's going to happen the bureau has had push back from dot about simple things like adding a sidewalk or or uh using Flags to cross the street to make kids safe the do is pushed against us we know the do is going to take a role in this and we don't exactly know what that is trust us they say disregard the public and our resident experts it's not our first rodeo I ask you as our Representatives have they earned your trust do of your neighbors to have spoken or asked questions before me they have faced condescension sarcasm and intimidation over a thousand other neighbors your neighbors support those who have spoken we now ask you to deny approval based on on the facts and to ensure the community of caring has a planning board that cares about what happens to us when the McDonald's team of Hired Guns moves on to their next Rodeo thank [Music] you you st your name tell your last Andress Don younger y u n g h e r 10 Walsh swear the testimony I do I'm speaking tonight because I simply want to ensure that we're all aware of the issues that we observed with a testimony from the applicants experts over these past few months until now we've only been allowed to question them in cross-examination most of the time but it's important that the details that they sidestepped during and their testimony are brought to your attention on October 21st Mr dwarte and Mr bolo assured that the applicant would consider a pedestrian safety measure to slow traffic and improve pedestrian safety on their property that this would be presented to us to my recollection it was never presented it was never on the screen they ended his testimony without that update this is a small lot with limited lines of sight from the drive-thru window and their testimony did not produce the change to improve safety this is important because of its relevance to the Morse Plains master plan on December 9th Mr gravano and his forign testimony spoke of the master plan as promoting quote experimental retail the master plan specifies experiential retail and we can chalk it up to a misstatement after all fast food drive-throughs are neither experimental nor experiential so this is not aligned with our master plan Mr gravano testified that this application suits ml Ag and I on Monday and tonight our neighbors have explained what Ag and I are and I won't waste my limited time repeating it except to reiterate that none of these benefits especially safety and general welfare are met by this application at best at best the concessions the applicants have made will mitigate some of the damage their application will cause variances do not need to be accepted if they do not fit more his master plan on November 19th Mr Parago testified about traffic on and around the property remember as Mr Brewer instructed we must ignore traffic considerations on Speedwell and other roads so focusing on traffic and safety on the property how many cars will be on property at peak hours at other hours when I questioned Mr Parago he didn't seem to understand and I really didn't know how to put this as a question so tonight I will make it clear what my think thinking was and I encourage you to do the same back of the envelope math you have your phones you have your calculators if McDonald's expects only about 800 vehicles per day and the industry standard model from around the country only predicts 70 cars at peak hours than all the other hours 6:00 a.m. 1000 p.m. will also have a little bit less than 70 cars at 6:00 a.m. and 10: a.m. uh 10 p.m. and 10: a.m. those numbers don't make sense and they strongly suggest that many many more cars on the property will be happening uh not just at peak hours this raises the question of what that additional traffic would mean for pedestrian safety on the property the applicants talk about this application like it's a fate a complete like the zoning of this lot requires Morris planes to accept everything to do with their application and yet the permitted use argument is clearly flawed how do we know this because this Zone is not allowed to have menu boards but the other Z there are other zones in Morris planes that do it's that simple same for the parking space number in size and many of the other variants that they're requesting they've spent their testimony hand waving away their applications in compatibility with our ordinances and master plan but the facts of the application as testified to by their experts make it clear that this application should not be accepted plant better trees thank you [Music] [Applause] St name St last would like your address Craig Moren m o r n 7 Hillview Avenue the testimony you give the SE before this board will be the truth the whole truth nothing not the truth yes it do first off I can understand why the applicant would want to use this uh particular land um and seek the variances to cram this uh drive-thru in an undersized lot if you Traverse speed well from uh the green down to Route 80 in parpi I think there's only one other uh restaurant drive-thru in Wendy's um unfortunately every benefit that Ronald and the McDonald's corporation is going to receive comes as a detriment to every neighbor resident cyclist motorist and pedestrian young and old in our town um um living on Hill view I can walk outside on any given day and see multiple postal workers walking to and from work I can see dozens of joggers Going Down Speed well kids walking to and from school uh it may sound melodramatic but my biggest fear is that some child is going to be or or adult is going to be Crossing speed well and an Uber Eats driver or some other delivery driver who's rushing to make a delivery is is going to come out of Dayton and hit someone in a crosswalk uh I find it laughable that more credibility is supposed to be given to uh experts from the applicant who I'm assuming have been paid versus applicants uh experts in our town who are doing this and their free own free time and um who obviously do have an interest in this they live in this town McDonald's uh experts once this is done they leave we actually have the ramifications of this vote whatever happens we have to live with it they don't these experts while I'm sure they know a lot about fast food restaurants and traffic concerning that know nothing about our town uh when their traffic expert was asked for a suggestion what should happen if someone's trying to make a left off speed well into McDonald's They s he suggested going around to the right we all know in this town that this is already a problem everyone in here has probably experienced it at least once where they've been crossing the street and someone stops and then the person behind that person tries to go around to the right and nearly gets hit by them it's unacceptable um last ly I hope when you make this V vote that um when you're done you can look yourselves in the mirror and you can look everyone in the eyes in this room and say that you looked out for the best interest of your town plant better [Applause] [Music] [Applause] trees stage team tell you last ADV your address Lisa schroer s c h r o e d r 97 Maple Avenue um you swear or affirm the testimony you give the seting before the board read truth the whole truth and nothing about the truth yes you board members have a legally supported legally sustainable path to denying the site plan and and the requested variances you have the legal right to request more information and evidence from the applicant the applicant has refused to provide that information a denial of this application is therefore warranted because the applicant has not carried its burden of proof you have the power to do what is legally correct you have a path to planting better trees the applicant must demonstrate that the benefits of granting a variant outweigh the detriments the only benefit to the public goods stated by Mr graviano for the parking space and loading zone VAR expences was avoiding avoiding unnecessary pavement and additional impervious coverage to the site notably he did not even address the detriments but such detriments include a cramped parking lot poor sight circulation by Vehicles unsafe Ingress and egress unsafe conditions for pedestrians within the site and noise stemming from idling vehicles in the back of the lot I don't know about you all but those detriments sure seem to outweigh any benefit stemming from avoiding unnecessary pavement do you really think that McDonald's has carried its burden of proof with regard to these variances it doesn't sound like it to me I also want to reiterate some important points I took away from Peter st's testimony Traffic Safety principles dictate the entrance and exit driveway should be on Speedwell Avenue and should be either aligned with Hill view or offset by at least 125 ft I don't believe McDonald's has done this the absence of a designated loading zone will create traffic circulation difficulties within the site the idling of an 18-wheel truck in the back of the lot will create substantial noise which will significantly impact nearby residents the 9t width for parking stalls being requested by McDonald's is too narrow there is no public benefit to narrower parking stalls and Mr graviano offered none the applicant should have requested variances for the 11 parking spaces along Dayton Road and for its 18-wheeler delivery truck to exit onto Dayton you have a path you have a path towards a legally sustainable no vote I urge the board members to reflect on how careful applicant was to not disclose information when it very easily could have why did it obscure so much information Why didn't it produce a single representative from McDonald's to testif why is the applicant hiding behind third party experts and not arming them with all relevant information why hasn't McDonald shared its actual business plan with this board to give us a fuller picture of what we can actually expect why didn't the applicant want to allow the testimony of Mr Amarosa and Mr Bad Le who are both more than qualified to testify why are they trying to keep the board and the public at an information deficit why can't they prove their case through facts rather than through dis discrediting why did applicants silence the public with the blatantly incorrect assertion that Miss cumer represented all fundraiser donors why are they trying so hard to silence us what else are they not sharing for every single one of you sitting on this board your vote is your own and it is your legacy the public has a long memory an Engaged educated resident Bas we will not forget your vote is your own it is is not for the chairwoman or anyone else to dictate please for our kids for our neighbors and especially the residents of Dayton Canfield and Hillview just vote based on the record before you because the record shows the applicant has not carried its burden of proof for the variances has not requested other variances it needs has designed an unsafe site plan that is too large for the space and is not proven that it will comply with the noise per performance standards you have a path plant better [Music] trees Nam last Joseph Amarosa a m o r o s a 20 dating Road you previously sworn you remain on the road thank you Bard thank you Mr Brewer for laying out all the steps for us thank you Mr Paraguay Mr W for your professional expertise which is invaluable in this process I do not envy you my opinion my personal opinion is already clear my previous testimony obviously very technical so in order to convey my appropriat I'll I'll express my opinions as if I'm talking to my four-year-old to explain what's coming hey Dad why don't we walk to Simon's Park anymore cuz I don't feel that it's saves to take your cross's crosswalk anymore hey Dad why don't we walk to Dunkin' Donuts anymore I don't feel safe to walk on the sidewalk across this driveway because McDonald's brought in all this traffic Jesus Christ hey Dad what's that white bicycle mean at the corner of H you it means that a bicyclist was hit and killed by a vehicle and it was placed there in their memory the applicant says they've enhanced the crosswalk across speed well the blinkies sign is helpful an advanced pedestrian warning sign is helpful to bring the driver's eye to the crosswalk location that's not exactly an enhancement they didn't make it shorter they didn't make site distance clear and they moved it to a worse location I forgot my Sunday point we're across the street from a church they don't count cars on a Sunday or across the street from the school they don't count cars when school's being dismissed during that time of day you don't have all the facts in front of you how are you going to make an informed decision [Music] any concerns we raised to the applicant as far as safety operations yada yada we're just giv a hand wve away any questions or concerns from the board of course right away we'll we'll make that change for you are you representing our concerns in any way do you hear us a few more rhetorical questions how am I going to explain this to my kids in a couple years when they say what is this monstrosity traffic and safety are a nightmare how are you going to explain this to your kids and grandkids then I Then I then I obviously come on use your head weigh the facts in front of you or lack thereof as pointed out by some of my neighbors friends whatever it doesn't matter what they are they live in this town they have a voice we're all just as important no matter what street they live on I mean people with there's kids here use your head there's a path to [Music] [Applause] tonight Jessica Williams W LS 22 Stony Brook Road right please I do good evening my name is Jessica Williams I have lived in Morris Plains for 16 years I've raised my three kids here when we moved here in 2008 I had an eight-month old a 2-year-old and a 5-year-old I didn't move here because I was looking for a town like Morris Plains we ended up here unfortunately for me I fell in love with town before I begin I need to thank several people this evening Tom bad Le Heather cumer Mike Ivy Joe Amarosa Cecilia Han Bob bian and of course Lisa schroer all of whom have worked tirelessly to get us here today hundreds and hundreds of hours they spent away from their families [Applause] preparing there are so many other residents and I apologize to everyone who I'm not specifically naming but I know who you are those concerned people who advised unlegal matters wrote letters organized donations research posted updates attended meetings put out signs asked questions followed up and acted as a sounding board for my frustrations during this process I also need to thank the residents on Canfield place in Dayton Road who were so patient honest and Cooperative through this process and it has been my pleasure to get to know you while we all stand to lose something if this application is approved the residents of that neighborhood stand to lose the most their quality of life property values Health and Welfare are at stake the fight is for them and the preservation of the neighborhood they love secondly is the town we love I began this journey a few months ago when I heard to the Grapevine that a McDonald's was being proposed for Speedwell Avenue at the old friendlies location I said to myself this cannot possibly true be true this is the worst idea I've ever heard and I decided to check it out on a whim I attended a town council meeting I questioned the council that evening about the reasoning for passage of the ordinance October 2023 and was taken back at the explanation that I received I was told Point Blank that the ordinance to allow drive-through restaurants in that zone was a reaction to co and the need for encouraging your business did you think this was a good idea I asked yes I told I was told we voted for it that same night I spoke with Jill CER in a dark parking lot about her experience and I knew I couldn't let this happen without a fight Surly thereafter I met Lisa Schroeder outside of a planning board meeting and thus begun this journey we have been on I have no formal legal training or experience in obor work but some might say I'm a little outspoken and more importantly I'm surrounded by the amazing residents of Morris Plains who sh show up and get things done I don't need to reiterate all the reasons why you should deny this application because our fellow residents have repeatedly laid to S Freedom if you choose to ignore or reject the facts that have been presented to you and there are multiple legally defensible Arguments for denial then either you aren't paying attention or you just don't care or maybe you just want to be removed from your position profoundly disappointed in the manner in which some of the members of this community have been treated during these proceedings do I need to remind you that we are your constituents we are your neighbors not the afcan need I remind you that we do not need to provide the burden of proof but it sure feels like we're fighting an uphill battle worst of all without the support of our elected Town officials and board members and I acknowledge that you have rules to follow and must remain impartial but I deeply s by the manner in which you have treated the members of the public while pandering to the applicant it's a hard pill to swallow when you realize that you're electing and appoint officials do not have your best interest at heart and since I'm going to get cut off I just wanted to do one more thing since this is my time I'd like you to listen to this it's the audio of a video that I took outside of Bay on McDonald's on December 2nd at 11:00 a.m. okay this is not 20 DB McDonald's has liveed [Applause] [Music] [Applause] you state name pleas Kathy Pond p 28 avue you s our PR the testimony this evening before the board bo be the truth the whole truth I moved Mars Plains in 198 6 I raised my two daughters here the oldest attended kindergarten in this building just down the hall uh they both went on to mount way burrow marown High college and then entered the real life I was the young mom on the Block back then but now I'm the old mom on the Block so I've seen a lot of changes through the years but if this McDonald's application is approved the heart of Mars Plains will forever be destroyed I do not agree with any aspect that it will benefit our community I do agree 1,00% with our residents and experts outstanding testimonials on Monday night December 16th they confidently showed the major flaws and omissions in this application Mars Plains will be left to deal with the brutal aftermath if approved their lawyer and experts will be gone according to the marown grp gre.com article dated December 13th 2024 their lawyer has already moved on and has been named to the Lafayette Avenue proposed demolition project in marown my greatest fears are the potential catastrophes involving pedestrians cyclists and our precious children we already have overwhelming congested traffic line streets now you add in another 7 to 800 more cars daily on speed Avenue and you have a disaster waiting to happen I'm a registered nurse with a 47-year career now happily retired but within my career I worked for 13 and a half years in the emergency department at Marist toown Medical Center I pray that each one of you never has to experience trying to save a child who was run over by a car while crossing the street and then to lose that battle and having to face those parents whose lives have been changed forever well I have this true scenario still haunts me to this day um I beg you to protect this town that we all love the residents business owners visitors and our precious children and grandchildren you have the power to do this thank you give your Lisa Merkel m e r k l e Foley f o l e y 23 Sun valy the testimon see yes you sarir the testimony me evening before this board the truth the whole truth nothing about the truth yes good evening I'm a 25 year resident of Mars Plains I also raised three children in this town and while I'm concerned about vacancies in our downtown spaces I'm interested in attracting business to our main street I'm also aware and focused on the importance of the context and the type of businesses that are appropriate for these spaces and that will enhance the fabric of the town I also have a nursing background I'm an advanced practice nurse I've worked in Lev Trauma Center currently I'm a college professor of Nur nursing and I teach public and Community Based nursing courses at a local State University I have professional perspective on this development and must share that there's a wealth of evidence from research that Community infrastructure and the built environment have a great impact on the overall health of the community and the residents within the community the design choices we make in our homes our schools our workplaces our communities Transportation Systems all have a major effect on our our health a healthy Community protects and improves the quality of life for the citizens promotes healthy behaviors and minimizes Hazards for its residents it should also preserve the natural environment as much as possible while Dev developed environments in towns and cities provide socioeconomic benefits that support quality of life the inhabitants within poorly developed towns face a great burden of adverse Health outcomes research recent literature has has linked ill-conceived land use with a wide range of illness and death caused in developed Nations including asthma high blood pressure cancer cardiovascular disease injury poor mental health obesity traffic accident injuries and a generalized sense of reduced well-being Scholars have given good theoretical reasons to believe land use can shape the inhabitants Lifestyles which subsequently impact their health the people who have given their their testimony against this application are correct in raising their concerns about traffic safety environmental impact light and noise pollution air quality waste management practices and even just the constant low-level stress of living near a congested poorly utilized public lot Morris PL citizens have raised their voices about how it is plain common sense that this drive-through development will impact resident ability to use public space for walking jogging cycling playing and driving it'll likely cause stress every time we leave their home building McDonald's on the proposed lot is the wrong answer to a fulfilling the town's desire to occupy a vacant commercial space I've attended several of the meetings these past few months and I have not seen Morris Plains residents who are for the proposed McDonald's come forward to these meetings um where are they why is that is this a deal that has made been made already is a question that I've raised in my mind and we in opposition of it are we just being given a conciliatory platform to feel like we have a say in the matter there are certainly some people who want this but I would speak and believe there are many who are not here localizing their perspectives on the project I don't believe these people are in the majority nor have they been closely informed by the expert testimony presented at the meetings I can speak for most Mars Plains residents when I say we do want progress we want growth we want beneficial development in the town but we also want to live in a safe and healthy Community why can't we wait for a more appropriate application to fill the space I implore you to reject this application and work towards incentivizing other business without a drive-thru to occupy this lot your decision would make a difference in whether we're building towards a healthier Community which aligns with our master plan or are you going to go directly against it the plan for this lot should promote better health for all people in the town not just the financial stakeholders thank you [Music] [Applause] state your name spell your master your address Jonathan trod T TT R 17 Dayton Road raise your right hand please you swear or affirm the testimony do the evening before this board will be the truth the whole truth nothing about the truth I do uh I'm going to calm my nerves by sharing a story and going a little bit off script here but um not 2 days ago I'm walking down speed LA with my two dogs my baby in the carriage my wife on my side it's an absolute circus and I kid you not there's a Coca-Cola truck sitting in front of the Presbyterian truck and this guy gets out of the back of the truck with his Dolly filled with all the Coke products and everything like that and now he's in the middle of speed well AB Wheeling this thing across trying to get to Anabell or dunin on or whatever the case might be the reason I share this story besides the fact that it's absolutely ridiculous that this guy was Crossing there and what the hell was he thinking is when you're reviewing this application and you think to yourselves hey this is in place a basic human will do this always remind yourselves that humans tend to disappoint at times and they do they're crazy so uh just kind of keep that story in mind big Coca-Cola truck there obstructing the entire traffic so uh back to the script 17 Dayton Road uh three houses behind the proposed McDonald's um to humanize this a little bit as I just said said I'm husband to my wife Jackie um father to our 1 and 1/2-year-old son we got another one um coming in April so this is pretty personal to me um I'm not sure that anything I say at this point will have an impact on the decision of the board I think the residents of mors planes are unified in our opposition uh to the application and have made that pretty clear um when the zoning changes that gave way to all this were presented back in October 2023 uh the Town Council pushed them through despite concerns and unanswered questions from the public we were told there were simple changes to modernize our zoning restrictions we were given one night to be heard and that very same night a vote was pushed through with great haste and here we are much like that night two Octobers ago the public has concerns and questions that despite hours of expert testimony and civil conversation are uh going unanswered the plans are free loose and proceed with a mindset of it'll be fine we are potentially making changes to the rules and ordinances in our community once again with great haste it is certainly the right of each member of the board to choose to vote in favor of the applicant but it is equally the right of the public to hear an explanation as to why why would one be in favor of something that the community so passionately opposes why do we have rules ordinances and regulations if a corporation can come in and rewrite them on the spot why are we ignoring negative impact this will have specifically on the residents of Dayton Road and surrounding streets how can anyone drive down Speedwell AB at 5:00 at night any day of the week and think we need more traffic more people trying to make left turns and Hell let's tell some to drive-thru that might back up on the speed well how can a slick attorney Walts into a plan planning board meeting with alleged approval to move crosswalks and rework traffic flow on speed well when our elected officials told us it can't be done and that the state won't allow it residents get struck and our officials do nothing except give us a flag and a prayer McDonald's wants to come to town and mountains are moved it's a fascinating Dynamic checking my shot clock looks fast uh another Community member encourage you to consider your legacies I respectfully disagree I have a master's degree and I can't name the 27th president of the United States and that guy was President of the United States respectfully I don't think the plan board officials have much of a legacy but they do have an impact and I ask you to consider that impact because the next time McDonald's tries to rewrite zoning regulations they won't be using the ill-fitting Bon as the reference case they'll be using Mor's Plains and members of the contestant Community won't have a leg to stand on the the decision will have implications Statewide and potentially even Nationwide for me personally this has the potential to be the straw that breaks the camel's back if this goes through my family and I will be moving on from moris plans this might sound dramatic but I assure you the ball is already in motion it might be a few months from now could be a few years depending on the true impact of my home's value as a result of the change but either way I will not raise my children in a town that treats its citizens as second class and puts the needs of businesses in front of the needs of the residents simply put this to has failed me too many times the timer got stuck but you're back I got my last couple sentences I don't want to go too fast though because I don't want to someone else will take my place the town won't miss us Life Will Go On and the world will continue to spin but I want each and every one of you to know that by voting yes tonight you are not just voting for the addition of McDonald's but you also directly voting for the removal of my family from this community I'll leave you with this don't be intimidated and don't be bulli the council for the applicant has dominated this entire process and has acted as if this town needs to seek approval from him I gently remind you that he is the applicant and you are The Gatekeepers this is your show and your decision I urge you to make the decision that sits in your heart and respectfully ask you to protect this community thank you [Music] [Applause] [Music] [Applause] Kevin zom Z and zebra e t t e r s t r o n as a z and zebra e TT e r s r o m Kevin 128 sun do please raise your right hand you s or testimony you'll give the this board the truth the whole truth nothing about the truth yes this is my first time at one of these meetings um it's probably going to be my last time I just want to say thank you to you guys um I'm sympathetic I I could not stand here as long as you guys have night in and night out so thank you for taking the time to talk to me and listen to all the other residents this might be an unpopular opinion to share but if I'm on the go and I need a quick bite I might head to a McDonald's in the last couple months I've beaten at McDonald's a couple times I will also say in my past 10 trips to McDonald's I've eaten in my car while driving nine out of those times and I'll come back to that in a minute even though I might eat at McDonald's I firmly disapproved the plan to put McDonald's at the suggested location on speed mo and I urg this planning board to reject the application based on those requ variances so why do I disprove well I have two small children who attend Joyful Noise which is directly across the street from the propos location while I drive my children here many parents walk their children here with the suggested traffic flow into and out of this McDonald's property I'm worried that it's an accident waiting to happen my children will also one day attend the bur school also almost directly across the street I'm almost more concerned for the safety of these children here's why many of these kids walk themselves or ride their bikes by themselves and kids were Silly they might not understand all of the appropriate safety roles when walking riding bicycles I'm going to draw on some personal experience when I was a child I was hit by a car when I was riding my bicycle thankfully I'm okay but it was tramatic I was rushed to the hospital how did that happen why did it happen the driver was distracted they were looking left and then turning right right into me where I was in an accident it was a fairly low traffic area it still happened I can only imagine adding more traffic to an area will increase the likelihood that accidents like that would happen and I pray when it does happen that those individuals are as fortunate as I am and I can and can walk away from an incident why do I say distracted drivers I come back to the McDonald clientele it's me right the person who's eating while driving sticking my hand in a bag more concerned about grabbing a french fry than I should be is it door Dash or Uber Eats driver looking at their map using the app or is just someone more concerned about pulling into an already congested roadway than than they should be at the exact same time I'm dropping my CH children off at school or picking them up at midday going back to 2015 for a second I was living on Littleton Road which was already congested an unfortunate situ situation happened my dog got loose out of the house ran right into 202 the same 202 that this McDonald's is planned for she got hit by a car died instantly we don't need more congestion we need safety we need traffic mitigation I urge this board to reject this application for the safety of my children for the safety of all the children in the burrow now and in the future and our pets thinking about all the children I know a lot of parents that I'm friendly with couldn't be here today they're not here because they're at home with their little ones or they just already believe after I've talked to some people this is what they feel they feel that their voice would have no effect on the outcome so I I would love for you to prove those parents wrong and help us believe that there's good in this town help us keep this town safe we are the community of caring please be caring neighbors and vote this application [Music] down St Nam Ryan Martin m r t to Beach Drive right hand sarir the testimony of this evening the truth the whole truth nothing the truth yes um I'd like to draw attention to a few things that I've observed throughout these meetings that I feel important to consider and making its decision uh according to World Bank McDonald's revenue of nearly $26 billion is greater than the GDP of 77 countries I raise that because their resources are Limitless yet they elected not to prepare an environmental impact study despite the unique nature of this project nestled within a residential neighborhood directly adjacent to a daycare and a grade school surely if they beli that an environmental impact study would have supported their application it would have been done there are no Financial barriers for this applicant the fact that it was not completed as part of this application is an indictment in itself just how bad did they expect an environmental impact study even one paid for by McDonald's and conducted by friendly experts would be if they refused to even consider it throughout the proceedings McDonald's count has demanded that members of the community be restricted from asking any questions about other McDonald's locations and McDonald's experts were never required to address conditions at other locations that may prove instructive for what the community could expect from their proposed location on Speedwell Avenue however these rules only applied to McDonald's experts when members of the community provided expert testimony McDonald's Council immediately demanded that they give their opinion on unrelated projects in fast food restaurants these were not questions to assess their ability to test as experts they'd already been accepted instead these were gotcha questions about why they didn't object to a fast food drive-thru in a different part of town operated by a different company having no legitimate bearing on these proceedings please remember that members of the community were never allowed to ask McDonald's experts about their opinions on other locations similarly McDonald's failed to provide any data on the expected noise impact of their location Beyond a statement about speaker boxes from an unqualified site in engineer or about the absolute volume of odors that should be expected despite having data available to them from the thousands of locations that they operate instead Council demanded to know if the environmental expert on Monday had tested odors at other McDonald's locations these demands came despite the applicant's repeated insistent as experts could not comment on any other location not only does McDonald's have the ability to provide this board with noise notor studies from any of their thousands of restaurants they vigorously opposed any attempt to play a video of the noise generated by the restaurant they themselves identified repeatedly as the most uh similar location in northern New Jersey McDonald's traffic engineer made repeated statements that traffic would not be impacted and pedestrian safety would improve with McDonald's how can you trust a traffic study conducted by someone who suggested that buses and large Vehicles could park on Speedwell Avenue where parking is explicitly prohibited even if it were possible this statement alone should cast doubt on the traffic expert's ability to provide an accurate assessment of this property and demonstrates that he lacks even the most rudimentary understanding of the situation on Speedwell Avenue I think it's important to address and have the board consider the conduct of the applicants Council who has taken apparent pleasure in demeaning the members of this community and insulting individuals who have had the indignity to express their concerns ask questions and request information as you reflect on his behavior please consider that this is how the applicant is willing to conduct itself while it is trying to convince us that we can trust its experts in promises think back on how many times the applicants Council has flippantly responded to questions and requests for information from concerned members of the community with the dismissive statement we are under no obligation to provide you with this repeated dismissal on the level of contempt for members of the community is instructed as to what you should expect when something inevitably goes wrong when drive-through traffic backs up on speed well expect to hear from McDonald's that we are under no obligation when excessive noise from the late night drive-thru keeps Mr seir up expect to hear from McDonald's that we are under no obligation you up can I just final statement everybody else minutes everybody else is a little longer you're all long term residents of this town so am I you're all intelligent and engaged citizens who care about this community's future we implore you to look objectively at what McDonald's has provided and more specifically what have they have specifically chosen not to produce this application is a bad faith effort to force through something does that does not fit the space and does not fit the town using cherry pick data thank you [Music] Michael iy 8 leamore drive my last i y you swear or affirm the testimony you do this evening before this board would be the truth the whole of the truth I do good evening as most of the comments have already addressed I would like to again speak on the traffic impact when a resident of Dayton Road asked about a scenario where queing blocks the entrance of the site she was met with a response of you're seeing a doomsday scenario that is not reality however this is reality and that was the point that she was attempting to make this was not only experienced by me last night at 5:15 but it was also noted in the 2011 study of the corridor a don't block the box was requested at Dayton further indicating that this is an existing issue the lack of acknowledgement or understanding of the existing condition is problematic and calls into question the assumptions and inputs utilized in the study and Ryan just said that it sound like a broken record this is the gray area we are accepting assumptions be by the TR against traff traffic engineer one who originally assumed that 85% of the passer by traffic entering the site would be from the north gone side a fairly outrageous assumption do I think it's malicious no do I believe that it's a strategy to put the onus on the town engineer to provide better assumptions possibly but it certainly displays how assumptions vary from professional to professional during my questioning of the traffic engineer I asked if a sensitivity analysis was performed specifically trying to understand whether there was work done to understand how how or if the results of the simulation change when the inputs and the assumptions are changed understanding how sensitive the results are to changes in the assumptions and inputs is critical what amount of Mer margin does the site design have how many incorrect assumptions or change condition conditions exist before it fails traffic standards we all heard the assumptions that went into this the it it trips for the site the percent use of each driveway which conveniently improved the Gap analysis results percent splits for pass by new trips so back sorry I'm very bad at this I'm also a horrible h speaker put that out the record so back to my original point of how sensitive is this driveway to changes in the assumptions if new trips favored vehicles coming from East Tav a realistic scenario instead of a 50/50 split the Gap analysis fails while I am an engineer no one needs a PE to analyze the simple math that goes into a gap the level of service calculation does require software but being that the grade is already just a sneeze away from being an F rating you could also assume that it would fail that simulation as well now I understand that there are standard analyses done for a traffic for these types of proceedings but this is a non-standard scenario with real Ram ramifications if the assumptions are not dead-on correct resulting in an unsafe and inefficient driveway I would also implore you to assess the secondary impacts of A Dysfunctional driveway disrupting the flow on Speedway Mountain way to Franklin is becoming a cut through road to get to the north side of town bypassing speed well in the afternoons I use it to get home and I've used it during the PM rush to get to Route 53 there have been many efforts within the town and Beyond to to manage the traffic issues from outside forces on Mountain Dayton Central LA making cacks we have an opportunity to be proactive in this case my son just started school at Burrow this year and could not wait to ride his bike back and forth along Mountain to GR he now refuses to ride home from school without the crossing yard present because he said people driving just don't care about as attempts to cross the roads while I'm happy he was able to recognize the danger it's disheartening to think that our roads are set to be even less safe for our kids if we don't develop responsibly I want to show my son that people do care I want you to care this traffic machine of unknown magnitude does not belong here and I ask that you vote accordingly thank you [Applause] [Music] [Applause] Olivia bomo b e l l o m o and I live on 34 Canfield Place Olivia I once again hello my name is Olivia bomo and I'm 19 years old I live at 34 Cano place all 19 years of my life I've lived in this community of caring making some of my first and best memories in my backyard with my family friends neighbors and pets learning how to ride my bike down Dayton playing in the culdesac and on the street with my friends walking to and from burough School these are some of the activities that will be stripped from the young kids in my neighborhood due to the potential safety hazard of a two-lane driveth it's important for me to speak on behalf of the kids in this town and especially the children of my neighborhood B riding around the block will become too too dangerous playing in the street with friends and neighbors won't even be possible and walking to and from B of school forget about that ever happening safely it's also important to remember that these kids will grow up and get their license my younger sister is currently learning how to drive and the traffic on Speedway lab is the worst it's ever been it's dangerous for her to try and turn off of her street so think about how dangerous it will be once a fast food drive-through is in place this will have an extremely negative and dangerous effect in the future for the other kids learning how to drive on my street I would like you as the planning board to put yourselves in the position of us the neighborhood who is going to be negatively affected by this the most if we're called the community of caring why don't we care about all of the Morris Plains residents thank you [Applause] hi I'm Heather BMA b c h m a um and I live at 41 Franklin pleas youir the testimony you do the even before the court will be the truth the whole truth and nothing but the truth I do um thank you first for the opportunity to speak today I am speaking to you as a resident and as a mom of two young children one of whom walks daily to and from the school across the street from the proposed location like many others I ask you to vote no my concerns stem from three key areas the restaurant's location across the street from the schools the shortage of parking being proposed and the potential backups and danger that could occur on speed well due to this high traffic drive-thru I'd like to start with the significant safety concerns related to the proximity of a high volume fast food establishment um across the street from two schools there will be an influx of cars customers and delivery vehicles alike that create a dangerous intersection for our children situations like this are statistically proven to increase the potential for accidents picture this a kid has stayed late at Burrow school for a club and is walking home after the crossing guards have gone for the day meanwhile McDonald's patrons are pulling out of the driveway onto speed well distracted by making sure all of their nuggets are accounted for while a door Dasher is simultaneously zipping in in that small opening to get into the intersection it is vital that we prioritize the safety of our children over the convenience of a fast food franchise there's also the wellestablished environmental and health risks as spoken to by our second expert testimony on Monday um and the danger of that to our children I would also like to highlight the issue of parking and traffic The Proposal includes a lot that is not sufficient for our town ordinances since parking is limited drivers will be forced to circulate the area leading to more cars on streets on side streets and a situation where frustration and haste could lead to poor decision-making this is not just a minor inconvenience it proposes real challenges and safety issues for our residents furthermore turning in and out of McDonald's of the McDonald's property on speed well will undoubtedly create significant traffic backups with a major thoroughfare running through our community we already experience congestion at peak hours adding 700 more Vehicles turning in and out of a restaurant will exasperate the existing situation in conclusion I urge you to reflect deeply on how the proposed McDonald's on speed well will affect our children's health and safety and the inevitable traffic backup and attempted cut-throughs on our beloved streets it is essential to show that we prioritize our community's value values safety and well-being above all else let us preserve the integrity and charm of Morris Plains and keep our children safe thank [Applause] you clinda Landy 94 Littleton Road spell your last pleas L 94 do you swear or affirm the testimony be this evening before this board will be the truth the whole truth and nothing but the truth so help me God considering all the compelling objections to this application it's obvious that our community does not favor the addition of a McDonald's drive-thru restaurant in the middle of our small downtown in the past we have successfully argued against certain businesses trying to find a home in Mars Plains it is my understanding that one such business withdrew its application because it had no interest in being where it was not wanted this is not the case with McDonald's it's evidence McDonald is held bent on disrupting our community from Demolition through 800 daily transactions with no regard for its negative impact or public sentiment although I need either a lawyer or an engineer it seems to me that the application can be denied by not granting the numerous variances that have been requested or are required I'm hopeful the possible threat of a lawsuit by this deep pocketed Corporation does not dissuade the board from rejecting this application as a concerned resident and a member of the Mars Plains beautification committee I believe that we can plant better trees [Applause] good evening Cynthia featherston Eis and Frank e t h e r s t o n five por way my affirm the testimony you'll be this evening before this board read the truth old truth I do I am not a public speaker this is way out of my comfort zone but I want to thank all of our residents who have worked tirelessly for the last several months to present you with alternate facts than what McDonald's has presented I have stayed aware of what is going on due to personal commitments I am not able to be here on Monday nights so tonight was a welcome change for me to be able to present my personal opinions on what impact McDonalds could have at this location to our town I don't think this is an appropriate location for them for a whole variety of reasons many of which our residents have already informed you of um there's other locations here in town that would be much more suitable for their business plan and their business model and much more profitable for them why they are locked on this location you may know we do not there's significant traffic issues safety issues noise issues odor issues that have not been addressed to the S to my opinion sufficiently grant them the right to be here all these are going to impact Our Town Center the residents in that neighborhood of which I'm not one I live quite far away from them but I've raised two children here my husband is a marathon runner and a half marathon runner my daughters are Runners training on a treadmill is not the way you get ready for a race training on the streets or on Trails is a great way unfortunately walking and running my husband who is 60 years old and a smart man has almost been hit on speed well twice within the last year the car stops but the car behind him or the car behind that does not luckily he's observant and careful and has avoided being hit both times additional traffic and people being distracted is not going to enhance the walkability the runability the use of our downtown so I really don't think this is a good location for McDonald's if this application is approved by you I would strongly hope that you find it in your hearts not to Grant the variances that McDonald's has requested they're not necessary the parking variants that they're requesting the spaces that have been part of the zoning we put there for a reason our cars have gotten bigger they're dealing with families who want to get strollers in and out of cars seniors who need wheelchairs or Walkers it's not necessary for them to make their parking spaces smaller the additional signage they want they're an international name every GPS when you plug in a restaurant pops up with McDonald's signage is not necessary a discreet sign on their building would suffice them um the other thing that concerns me about their request for reduced parking spaces they're a hight trffic business if people don't have parking where are they going to go to park they're going to park on the streets it disrupts the neighborhood they're going to park in neighboring businesses disrupting businesses that are already an active part and welcome part of our community they're going to park in our school parking lot despite the fact that it's private property again not ideal for our our area um I hope that you all find it in your hearts to deny their application they've given you wide open Windows to do so and I appreciate you listening to all the residents thank you [Applause] we'll take a break after after yeah State your names Bruce Baxter B ax t r eight Sunrise Drive you swear the testimony this evening before this board will be the truth the whole truth nothing but the truth I doo nobody's paying me to lie I have no reason to lie I live 1 and A2 miles from the Loc in the section of town that is like a giant C sack away from 202 up on the hill from previous testimony the liar and imagineer oops I mean lawyer and engineer would like to have my testimony as irrelative I asked them referring to their comments to our expert testimony what books and where did you get your education in common sense but they don't have they don't live here and only care about their paycheck from the impending traffic to for for crap RIT profits I'm new here I've only been living here 25 years I'm nobody I have consistently voted for most of you people here on the board telling new people to vote for Uncle Frank as this place wouldn't be what it is without him people in your position that are supposed to have our backs and our best interest I was very happy with my votes and this town up until the past couple of years a zoning Chang I really didn't mind looking down on the roof of Warner Lambert from my block they were good neighbors and I kept my taxes low while donating to every local business and cause I don't claim to be educated or possess any degrees that some people here would make them think they are better than the rest of us I do possess a us do commercial driver's license to drive large Vehicles like the ones you want to cross the width of four lanes and a sidewalk on a very busy residential pedestrian street in a residential area with a school and a church ingis and egis of said location I have actually driven a smaller trailer into the friendliest location a few dozen times and it's very tight even with an empty lot and a smaller trailer than the ones going to be needed on a daily basis before you add two drive-thru lanes and additional parking on both sides this isn't Bon overflow parking isn't on speed well I'm no traffic expert but in my 45 plus years driving in town I do know a couple of things the traffic has become a nightmare on 202 traffic backs up for blocks or the whole length of town sometimes all the way to Route 10 up 53 and pass speed well L due to cars attempting to turn the ne and on not even taking the traffic from Hanover at forget about exiting my neighborhood during the morning Rush grtis backs up to and Beyond the oldest tree in Mars County sometimes past the waterfall by Sun Valley the countless people that have been hit by Vehicles even with the crosswalk lights at both ends of our what six Block downtown people almost get run over daily on on a daily basis even using the provided Flags to cross the street and crossing guards during school hours do you really think drivers are going to be suddenly suddenly courteous to allow the 1,600 more merges a day going in and out of the McDonald's where the Overflow from the drive-thru going to wait on speed well more irrelevant facts I used to live in a house on a main thoroughfare they opened a Mickey D's two blocks 2 miles from my house I had a real nice visible yard that I meticulously maintained opening day I came home from work to a big garbage bags worth of MC garbage on my lung after 5 days I went to the restaurant and asked for the manager and returned their garbage to them they offered me free food in exchange I did it again the following week and was visited by the local police chief telling me they want they wanted to press charges and they as a terrorist for picking up for picking up their trash I just wanted them to be aware of you I got one line here I just I just wanted them to be aware of the garbage they caused in it and if they kept the garbage out of my yard I had no reason to frequenter store I I moved from that house that yard is an eyesore I still have almost 50 years I've never been to that store sadly I've also dealt with environmental impact studies seems as though people who pay for them usually receive their desired results that's that's it yeah sorry thank [Music] you 10es we'll be back at 9:15 sharp so everybody gets a chance to talk right okay w e for e you yeah e e for I for you you yeah that's fine too s for for now Jo the beginning over a uh yeah just please be respectful of the time so everyone gets a chance to speak that's part of what I'm going to say thank you the name is Michael John cir CC you can just dat raise your right hand please you swear orir the testimony give this evening before this board be the truth the whole truth and nothing theth I do good evening and thank you all for allowing me this opportunity to speak I'm going to go off scrip for a second I just want to say when this first happened Jill and I thought we were going to be in this fight alone maybe like one other family something we had no idea that this was going to happen we appreciate each and [Applause] [Music] every Joel and I have owned our house for over 30 years and although it's close to the business is in the B2 business Zone to has been relatively quiet safe neighborhood we raised two children and now there are a younger uh people in the neighborhood with kids of their own I'd like to see them have the opportunity to enjoy living and raising their families in our neighborhood just like J I did and at this time of year normally devoted to preparing for the upcoming holidays and getting together with friends and family here we are once again in what seems to be a marathon of meetings to address and discuss the application for the demolition of two existing buildings and the construction of a brand new double drive-thru fast food restaurant I've been in attendance for most of the meetings I reviewed the plans listen to the expert testimonies discuss my concerns and objections with my wife and close friends and I want to emphasize this that my objections are not against McDonald's per set it's against the double drive-thru restaurant that is being proposed I've eaten at McDonald's many times and I'm not above it I object towards that double drive-thru I also object to the variances that they're requesting and a major variance that they're never requesting I stand before you in opposition to the applicants proposal primarily for these reasons I understand I did pair it down so I I was going to talk a lot about safety but most of my neighbors have already shared personal and tragic experiences and I have some too that I could share but I'm not going to because if it doesn't resonate by now especially from what what Mr Amarosa said there's nothing I can say that's going to that's going to help uh the environmental impact on the residential neighborhood yes that has been addressed as well uh in the beginning of this application process we were assured that our concerns for such matters would be addressed uh by the experts and they weren't now it's starting to get where people didn't really talk so much about things the variance for the nose loading zone that's there for a reason um the requirement is there for a reason that's to ensure that this process is carried out in a safe and consistent manner that will not have a negative impact on the surrounding our properties uh as it stands right now with the pl sub the operator this future person that we don't even know yet of this proposed establish can to direct the truck driver to Park right next to our house to unload if that is the best thing at that time there's nothing we could do about it and I just want to remind you all that friendlies did have the designated loading err on a much smaller lot this is important because this hasn't really been discussed at all uh no 18 wheelers on no 18 tractor trailers on Dayton Road uh The applicant's Proposal includes a single entry and exit on speel Avenue and an exit only on Dayton Road I'm putting everyone on notice right now that as the owner of a property on Dayton Road I expect the burrow of orang plains to continue to enforce all local ordinances on the books including the ordinance placing weight limits on vehicles using Academy Canfield Mountain Way Sil and for Washington and of course St you I realize that there are exceptions to that but I don't think that the applicant who has a speal Avenue business address would apply you know that I don't think it would apply to that applicant uh when they do realize that they need the variants I believe that they would be required to go before the zoning board I'm not an expert on that I don't know but I believe that that's the Ford that would have to grant that variance so pardon my cliche I think it's time to go back to that old drawing cord at this time or maybe take a better location another thing it's a permitted use the African City planer stated this kind of like a knee jerk response several times while not answering questions from the public after his testimony I lost like at at 10 times I lost count yes it's a drive through it is a permitted use of the You2 visit zone I'll keep going for like another 10 15 seconds um there was one thing I didn't want to I'm going to jump right to the end uh you know what I want to know where is McDonald's corporate uh not once did McDonald's corporate send a representative to these proceedings they could have stood up and address the community listened to our concerns and assured us that they wish to be partners with us now I could be wrong they could be here tonight I'm not sure but if they are here shame on them and I retract what I said about not having a problem with McDonald's CU that's cowardly for them to not not thank you [Applause] [Music] Jill cere CC e 11 Dayton Road raise your right hand you swear or affirm the testimony do this evening before this boort will be the truth the whole nothing I do I like to say this is not a fight against McDonald's it it is a fight against a non-existing double drive through fastory restaurant on speed Avenue particularly on this lot that is adjacent to Residential Properties and an address across the street from a middle school preschool church and an already on an already busy street I've lived here in Mars Plains for 53 years 32 years 32 of those years at my current home address on Dayton Road in addition I have worked in the school district for 23 years my husband and I brought our current home to raise our family that because we love this town we love the small town field the close niit community and yes we were aware that we were buying a home next to a restaurant but not a drive-thru restaurant our children had a wonderful opportunity to grow up in our neighborhood to play in the streets ride their bikes go down to campill Avenue at camp kid as they refer to it and they were safe we are now the older people in the neighborhood and younger Generations have moved in with their children and we love seeing that and we feel that they have the right to have the same quality of life and raise their children the same way we were allowed to during the years that we've been there never did we believe that we would be standing in front of the town and having to place our arguments as to why having a double drive- through fast food restaurant would be a substantial detriment to our property our neighborhood and our town but here we are I'm going to cut things um we have been time and time again reminded that the application can't be not denied based off of added traffic but we also know that there is a safety concern and in fact that could add to reasons for denial anyone sitting on the board with a clear conscience if they could believe that allowing this to pass would not be a substantial detriment to the public safety and public good in unimaginable during the application completeness process in August it was questioned as to why the environmental impact study was waved by the planning board chairperson mclusky stated that it was only for the application completeness only and it would be addressed later down the line in testimony I've asked personally at two separate occasions and so have other residents if there would be a study presented to the public and each time we were told no I firmly believe that this was misled information that Miss mclusky originally based off of her original comment back in August in addition we have been instructed numerous times that during this ending public time we would have time to ask any question regarding the application or comment about it and never once was there a time limit mentioned I find this to be a direct insult to the community and it speaks volumes that some possibly on the board have no interest hearing legitimate concerns from the residents of Mars Plains I'm going to cut more out because of my time um if you allow this with their delivery trucks in a tight back rear parking lot directly next to my property line gone will be the days that I can be outside with my family enjoying a bar barbecue God will be the days I can have my windows open on a nice spring or fall day I said instead we will be inhaling car exhaust hearing cars idling radios people shouting at menu boards horns honking doors closing deliveries and employees banging around carts trash and recycling dumpsters slamming and I firmly believe this is a clear violation of the C2 variants that they are seeking McDonald's is also also requesting a waver regarding a loading dock because as their experts testify most McDonald's don't have them and that's fine for them to state but it's not fine for Mars Plains to say it is not needed especially at a non-existing business starting with a clean slate okay they designed their application for optimal McDonald's design not by Mars plan's laws and regulations not only have their delivery trucks been make being made without the loading area but have also had their delivery trucks parked for approximately 45 minutes twice a week directly next to my [Music] [Applause] property you state your names tell your last right Gail Divine d v i NE 91 Sun Valley Way hand please ttim I do my sister and I prepared this before anyone might question that this is not my testimony but I'm continuing hers adding in the safety issues of having the deliveries and employees having to cross through the drive-thru Lanes in between cars with dollies and boxes then there's the fact that the 18-wheeler truck and garbage and recycling removal trucks will be exiting onto Dayton Road which is prohibited yet they feel their enti entitled to why the planning board has not addressed this blatant ignoring of a code that has been in place for decades and one that has always followed by was always followed by friendlies is incomprehensible and unacceptable the codes are there for a reason to keep the roads in good quality to keep the neighborhood safe that there's a reason those codes are there for those small streets and this is not acceptable why have ordinances in place if you are going to hand why have ordinance is in place if you're going to hand over any waivers to a currently non-existing business instead hold them accountable and have them design their business to comply with all ordinances I'm under the belief that ordinances are in a place to protect the safety health and the overall good of the community considering they will have an empty double lot to configure their fast food double drive-through restaurant they could and should have easily come up with a design which they would not be seeking these variances instead they use the excuse this is how McDonald's has always done it it's not an acceptable excuse my question from the meeting last week sorry my sister's question from the meeting last week but I'm bringing it up regarding the placement of the dumpster was never truly answered what I take from this is that McDonald's wants their garbage as far away from their building and placed as close to my sister's property as as legally possible is having a dumpster filled with the world's largest fat fast food corporation's garbage and extreme close proximity to my backyard not cons considered substantial detriment McDonald's planner presented his justifications for the C2 variances being requested he specifically stated several times that the applicant advances the a g and I uses not one planning board member even questioned that should I assume that each of you have these purposes memorized in case you or any of the audience doesn't know what they are I'll tell you to encourage a to encourage Municipal action to guide the appropriate use or development of all lands in the state in the manner of which promote the public health safety morals and general welfare how this was even remotely thought of as a bullet point in his argument is laughable G to provide significant space in appropriate Lot locations for VAR a variety of agricultural residential recreational commercial industrial uses and open space both public and private according to the respective environmental requirements in order to meet the needs of all New Jersey citizens again really and lastly I to promote a desirable visual environment through creative development techniques and good Civic design and Arrangement please tell us how this is a desirable visual environment for the town and the surrounding neighborhoods please remember this is their three bullet points that they feel just justify their case if out of the 15 purposes they picked these three are their strong points it's obvious to us that they are grasping a the property owner has never been held accountable for letting his property sit vacant and rotting after friendly clo down during the pandemic there's been little to no effort to preserve from my perspective to fill the vacant building besides having Jeffrey realy sign up we've contended with garbage blowing down the street from their garbage cans putting up to block the driveways dog poop bag bags left from the Overflow of these cans the rotting fence falling into my property for years which was only half repl after I personally had to go to a town meeting in the spring and complain rather than our town enforcing their own laws and regarding maintenance and upkeep I think I don't need to use any more time because it's just so obvious it's so obvious this doesn't belong here thank [Applause] you Robert bian B an C 11 layer Drive moris Plains New Jersey layer Drive there's a lot of people that like that information by the waym that the testimony this Bo I do and the reason I say that is because I come to you as a New Jersey Supreme Court certified criminal trial attorney the former Morris County Prosecutors the chief law en you don't have to shake your head counsel please show some respect the the former chief law enforcement officer of this entire County with jurisdiction over every police agency I come to you also as an emergency medical technician in other words I'm not saying these reasons to Pat myself on the back of and I've been around to see catastrophic accidents I've put people in state prison for many many years because of death bioto assault bioto I've seen human factors analysis I've dealt with every expert imaginable in traffic safety this is a disaster waiting to happen happen it is shocking to me and I just want to say to this board by the way which thank you there are some of you by based on the questioning I'm not necessarily strong going to agree with but there are people on this board that are friends of mine or I consider friendly with they were they are and they will be after this this is about an argument that we deeply believe about the benefit of the community I don't live in this area I live down way down the road towards towards Route 10 but what concerns me is there seems to be a lack of evidence and the attorney here will tell you that you can rule based on evidence and a lack of evidence and what do I mean by that where is the human factors analysis in this case these are experts that talk about the interaction of people and machines and cars they explain these very issues that we're talking about they chose to wave this kind of expert testimony not to put it on we put expert testimony on and Tom bis's testimony went in unrefuted unrefuted now there was attack on our experts I'm going to get to that in a minute but I want to just say something that I've learned as a as a trial lawyer as a prosecutor and as an emergency medical technician which I will be doing tomorrow morning people get distracted people are impatient people don't follow the rules people don't pay attention people are sick people are impaired people are texting these are all reasons I've put people in state prison and all reasons I've picked people off the street to the nurse and the emergency room doctor that had to take care afterwards this is a real thing and we have no human factors analysis a traffic study is not enough relying on just what they say is not enough let's make no mistake about this this business model is to drive every single person between Floren Park and do to Morris Plains I'm going to ask you about expert testimony those are people that have that have information that's greater than the average person the McDonald's people do not live in this community you know who lives in a community these people do these people are all experts you know what they're experts in like I walk down the street in the summertime this summer and had to turn off Handover Avenue because I couldn't talk to the person that was on the phone was going have a leisurly walk I this fumes from the traffic were choking this is not a joke and we're talking talking about accepting their estimates as they put out the claran call to the rest of their communities to come to Mo's planes and all the commercial drivers that are going to be coming here this is a disaster waiting to happen there was no environmental study done this is malit I want to bring up two points that I thought were blanks and it's really said that we don't have a lot of time here one we talked about Chick-fil-A the lawyer brought it up Chick-fil-A is a drivethru nightmare it's a drive-through Nightmare and if that were on speed well Avenue we'd be in a lot of trouble thank you for bringing that up and the other one is Mr Ryden who indicated get 10 experts you get 10 different opinions but we only have one and again it went uncontradicted I am asking this board in this very short period of time to don't gamble with our welfare you have not been given the proper expert ter it's not your fault it's not your burden it's their burden and they didn't do it and they didn't want you to see bam because it's a disaster you all know what it is it's going to be loud noisy and when you start to enforce it our law enforcement assets are going to be depreciated and they're going to argue now it's selective prosecution and threat to sue the town don't gamble with our [Applause] [Music] [Applause] future I I had to do this point of order there was an argument that our experts were uh they had an interest well they have a buy certainly in favor of of the town I did the research with a topnotch app pellet lawyer as I knew as a trialer I would like to submit this so it doesn't matter s to keep them out and they were I I but you but you had then said to them it's in your head how you s I want the people to understand that not only are the experts allowed to be in it may only go to their credibility to their bias their biased about being in favor of the town I just I I submit this as part of my statement thank you [Applause] last good Tom battle B A TT a g l i e s e to Cutler Road yes I guess still a g l i e s e I'm still under oath but this is not my expert testimony that was Monday night just to be clear I'm not against McDonald's as I stated in one of the early meetings McDonald's provided me my first job back in high school I am against the double a drive-thru that has been proposed for a multitude of reasons yet the site yes the site is unfortunately zoned for a drive-through restaurant at the time however as has been stated over and over except by the applicant just because the zoning is approved for such use does not imply automatic approval the board must weigh the positive negative criteria and determine that the bulk variances proposed give benefits to the community and not to the applicant to that extent during the past few months it has been strongly proven that the site is not suitable for the size of the proposed operations the variance is requ ested to avoid a loading zone and shrink the required parking space numbers and size are the only way that this operation can fit into the space even the applicant has already admitted that if those key Varian is on loading zone and parking spaces are not granted they cannot fit as the site as proposed the variances requested would allow the creation of the double lane drive-thru and this would result in effects that negatively impact the welfare of the surrounding Community including against pedestrian safety lot Ingress and egress for truck movements and health and environmental impacts from idling vehicles in the drive through I have a brother that was struck by a car crossing a state road that cuts through a New Jersey University campus not too much unlike New Jersey 202 cutting through our town he lives completely dependent with a traumatic brain injury to this day nearly 30 years later God forbid this happens to one of the Barrow school kids who is dodging the cars entering and exiting the double a drive-thru or a truck turning on a radius with the Dayton intersection where it is not designed to manage towards The Pedestrian crosswalk to get his or her mcf flurry God forbid that the studies that I brought forward regarding the local air quality aspects are proven in much greater detail in the years to come after the drive-thru has been operating only to find that some of our own residents develop respiratory or cardiovascular disease or cancer giving given their proximity to the air emissions from a drive-thru that was approved without proper environmental performance standards The Beneficial logic behind the reasoning provided as justification for the variances by the applicants planner that they are providing commercial activity that is resilient to online retail eating up local businesses is completely bogus they know and we know that any restaurant could fulfill that same positive benefit there is no debate granting variances to allow an undersized lot to squeeze in a double lane drive-thru creates more negatives for moris planes than positives when it came to reasoning why behind why McDonald's needs all these variances whether lot size no loading zone lighting signage Etc they simply said the variances will allow them to meet McDonald's branding and typical store designs why would Morris Plains consider that are even for a second bending longstanding zoning and Land Development ordinances just so McDonald's can conform to his cor corporate design expectations the ordinances were created for clear-cut reasons and should only be deviated from when such deviations benefit the moris plan's community and not the applicant the ml delivers a clear responsibility for planning board members to vote against this development proposal that would create a site endorsed by VAR es with attributes that clearly provide more negative than positive criteria and ultimately take us in the opposite direction of the goals of the Morris Plains master plan on pedestrian safety health and environment and downtown character I trust that the Judgment of the planning board will prevail and recognize this reality and vote against this application let's wait for that right development proposal to come to the table and do what is right in the meantime for the future of our downtown moris Plains and vote against approving the variances requested and therefore the application to develop this McDonald's operation plant better [Applause] trees mic Ronald Jer y a r g r three Thompson Way you swear the testimony you give this evening before this board the truth the whole truth nothing about the truth I do I simply want to add my my name and my voice to the many that you've heard tonight um by accepting this application the burrow takes on unnecessary risk uh to the pedestrians to the residents to to the drivers who come down speed L Avenue please don't accept this uh I do want to thank you nonetheless for your service to the to the community and and the buau of Mars Plains and for your dedication thank [Applause] you Nam last Eric demit D M N TZ and your address please 23 Academy Road testimony you get see before this board will be the truth the whole truth I do uh just want to start out by thanking everybody that's come to all these meetings and done most of the light work that frankly I think most of you should have done um Mr bomo spoke the other night about kids playing on the street and dating um that was me and my friends we played on dating every day we were out there on that street because it was safe and because we could their cars weren't coming down the kids growing up on dayon Academy in Canfield are not going to get to do those same things Mr Bennett I don't know if you can believe this but we played whiffle ball in that front yard of yours and the Outfield uh was the Home Run and if you hit or the street was a home run you hit off the street you got home you got to run the bases um the other thing I wanted to say I went to Uncle France's fishing contest every year I played Little League with your sons you taught me how to how to do computers I've shared a beer with you you guys don't just represent us you are us and you need to start acting like it the last thing I want to say is that I've had the absolute pleasure of teaching in this community I'm not fully licensed yet working on I'm um I've worked at Joyful Noise I've worked at Mountain Way I've worked at burough school I also attended all three of those schools growing up um I'm sorry I've gotten to know a lot of kids and their families and a lot of them are here tonight and I really do not want to hear about a tragedy involving cars with some it doesn't have to be somebody I know it could be anybody but it would just be horrible I've I know a lot of families in this town and they don't want to see anybody get hurt not to mention that big beautiful fir Tru we have how is it going to get down speed well when it's gridlocked think of those lives that are going to be lost not just kids getting hit by cars people in burning down buildings that the fire truck can't get to you need to plant better [Applause] trees please name ask Greg Divine d v i me and your address please oh 91 Sun Valley Way pleas where Weir with testimony SE before this theu yes sir um just could open up with um I thought there would be a need to articulate that this crowd is so impressive the it's been clearly articulated that there is a robust list of reasons Beyond I don't like drive-throughs and I don't want traffic in town put that in a bucket seal it put it away the other reasons that have been brought up and have not satisfactorily been addressed are some things that are tied to those two concepts but others aren't necessarily safety McDonald's volume in particular and this design with the condensed uh perimeter and the level of activity going in there and the proximity of being a school is certainly a factor 700 plus flowing cars in and out and within the facility certainly makes uh increase the risk of danger especially when it cross from the school and to pedestrians in fact law firms have specialty practices related to in drive-through collisions and injuries it's a practice it's going to happen it's the metrics are there I asked their expert if you had any idea of those metrics and he admitted that injuries may occur but McDonald's doesn't bother looking into it and the question is I I wonder why I don't expect an answer in in addition the tractor trailer that's going to try to navigate which was as big or seemed as big as the building itself on the and the awkward movement tractor trailers coming in and out of that facility they have four main blind spots 20 ft in the front of the cab coming across from a school the right side can extend up to two lanes wide most of the truck L you know what that means when it's making a right turn on speed well the entire right side of the truck and the sidewalk are blind spots not able to see anybody left side it's a bit narrower but it's important to note when merging left when the trailer is pulling in in addition in the rear the blind stop the blind spot can extend up to 200 ft behind the truck so the maneuvering in and out of a drive-through facility in a condensed perimeter is absolutely ridiculous additional reasons which I asked council at the beginning of this process to articulate but apparently um you couldn't do that because it would uh uh tamper with the objectivity of the of the board there's conflicts there's variances sought parking and queuing issues pedestrian safety environmental noise concerns impact on local eal system Community Aesthetics impact on the community character and uh sanitation concerns and a key point is proximity to sensitive facilities this is from studies and Publications locations near listed before hospitals or Elderly Care Facilities is locations near schools as a valid basis and also the economic business impact and failure to address concerns so I look at this list and it seems like a slam dump so I say to myself oh in addition to section the ordinance 2205 certainly um on the uh remarkably rare instance of curiosity on member certain members of the board the only question that was really asked that I can remember from the past meetings was an effort to rehabilitate um a in the armor when uh there was a case comparison to Citizens and I would I'm going to be doing a public record search to find out if there's any deliberation waivers or um exceptions made Beyond just reading of the letter of the law so that's going to be checked don't assume that ordinance doesn't apply so I said to myself I had a difficult job of being the attorney having to make the closing so I said I'll probably open with some empathy I'm a dad husband citizen uh I got kids I probably would even offer though I didn't mean it some half-hearted apology if I offended folks but I quickly pivot to the good and the bad that there's a legal process I would avoid like the plague anything other than permitted use and uh traffic can't be can't be a a reason for denial I would vaguely but clearly make it um articulate to the board threat of lawsuits and the cost lastly I I one sentence um this board if you vote Yes if if you vote to uh approve you have a choice your hands aren't tied if you vote to deny you have a valid basis the cost of potentially fighting an appeal or a lawsuit versus the cost of the damage that's going to be afflicted is minuscule so I kindly ask uh and I think it's imperative that you vote against this application thank [Music] [Applause] you my name is Bill my name is Bill wrick I live at 23 Dayton Road ttim I do um I've lived in Dayton Road for 32 years raised children here any of my neighbors one Dayton root beond have testified tonight including my friends Jill and Mike cir regarding the property owner they're rotting fence falling into my neighbors at 11 day Ro property for years was only replaced half was only half replaced after I personally had to go to it after my neighbor personally had to go to a town meeting in the spring and complain rather than our town enforcing their own laws regarding maintaining an upkeep not to mention the fence was replaced in July and the old riding fence has been sitting right outside my neighbor's living room window for the for the last 5 months and is still there today also garbage Left Outside by their dumpster enclosure if anyone needs Christmas Greenery decorations there are still some laying in the parking lot still no enforcement of laws my neighbor believes the owner of to the property because he has no personal interactions with the town's people and with the hopes that when he presented a proposal of the Town it would be eagerly accepted because they hear some people saying quote it's better than a vacant business or building I would like to put on record that the realer was advertising this property as a drive-thru restaurant opportunity with renderings that are very similar to McDonald's 10 months if not longer prior to to drive to drive throughs being permitted use in the B2 business Zone my Negra is confident without any doubt that allowing a double driveth through fast fast food restaurant is inconsistent with the town's master plan and granting these variances would set a negative precedent for future zoning decisions that would negatively impact the character of our town and the character of our neighborhood I would like to stress the fact that there has been no testimony as to who would be the property owner or the franchisee if this is passed there has not been one McDonald's corporate representative to testify the property owner has never testified only three experts in the three quote experts in the select fields and an arrogant lawyer hired by McDonald's to present their one-sided arguments as to why you should grant them approval to their self-created hardship if you choose to approve this application with all of its requested variances you and only you as a board will be held accountable when these things don't go as promised there is no name or face associated with this application that will be in Mars Plains to deal with with the after effects only the Mars ples residences all the while you will be rewarding a negligent property owner and the world's largest fast food corporation with no personal ties or connection to Mars Plains they will be laughing all the way to the bank while we have to live day and night with what can only be called a living Nightmare and and substantial detriment to the public good I have a minute left ever since this started I started noticing mcon McDonald's and where they are and I noticed their positions and I noticed I did not find one even close to a to a place like this with the two lanes Corner two lanes roads School Church uh daycare everything that my my neighbors have pointed out over and over because I don't think it exists so let's not be the [Applause] [Music] [Applause] [Music] [Applause] first war Fitzgerald fit TZ g r a l d live at 16 Sunrise Drive you SAR testimony you evening before this board will be the truth the whole truth nothing the truth um I've lived in Mars Plains 15 years I have three kids I have two brand newly hatched teenage drivers and so a cause for concern for me personally as it is it adds a great worry to my life I'm very happy for them but you can relate I'm sure uh and I do have a 12-year-old son who goes to burrow school and rides all over town on his bike or scooter what have you so I do have this personal feeling about you know my own kids first and then by extension every kid in this town because it's a great town to be a kid in so that is you know something that's first and foremost on my mind so then I think about you know things that have come up over the years that are sort of related to this maybe not exactly like this case but but things that have happened in town that have gotten us talking as Citizens and things that have yes created situations where you might have folks in favor of something and other folks not in favor of something you think back over the years just discussions you've had with neighbors I remember the storage unit that the proposed storage unit that caused a lot of discussion I remember the the fragrance uh plant that caused a lot of discussion even things like an extension onto a school where the taxpayers have to win it causes a discussion and I remember in all those cases there were camps of people in favor of something and camps of people not in favor of something this stands out to me and I know this is a sweeping thing to say but this stands out to me as something that no one seems to be in favor of and that is of great concern to me I know it's a great concern to everybody here there's also a phrase we use a lot I use it a lot in at my work and I'm sure a lot of people here do too there's a phrase called read the room this is a read the room moment and I do I do feel in this town because people are such activists that if people were in favor of this they'd show up and they'd come and speak I I feel so strongly that they would I don't think it's a coincidence that that hasn't happened in all of these hours and days that that nobody has said like gosh my kids love McDonald's I I think they go every day really in favor for nobody has done that so I do hope that that is landing another and sort of last thing I want to say is I I spoke with my friend Mr bian here and he he wanted to say and I agree with him uh the case refutes the attorney who misrepresented to the board that there was a case that disallowed our community experts as having an irreal cont conflict that's not true if he misstated that to us if he lied about that to us what else should we trust we really have to consider everything we've heard and more importantly what we haven't heard so again I say I love this town I love that my kid I'm able to raise my kids in this town I don't ever you know I don't want to leave this town but this is really serious and if you can remember a few words I've said far less elegantly than all of my friends and neighbors here read the room thank [Applause] you Joel Lardo Li CC a do o 21 Idol wild Drive yes I'm 9year resident of Morris Plains spent the better part of the first half of this year with experts trying to get varant approved to build a swimming pool in my backyard as such the burden of proof was on me that I would not only conform to the variances permanent drawings experts but benefit my neighbors so to do so I added additional water containment to mitigate runoff from my property some reason my house that I have was already over the allotment for impervious coverage I wanted to add additional I not only covered what I installed but made up for the sins of the past why do I say this we are here my neighbors and I because we care about our community I grew up and live the first 29 years of my life in Hudson County New Jersey so when you talk about Bon as an example I will tell you people live in Morris Plains because it's not Hudson County and it's not male this is the community of caring that's why I'm here have three children the youngest of which is 5 weeks old just left my wife with our children to come here because I was watching this online and I could not sit by and not express my thanks to my neighbors for being here through months and months and doing this because no one here in this community wants this it's that simple and what far too often gets lost this day and age in public service Left Right Center is that you're here to serve the public not special interests not corporations it's for the betterment of the public we have a long memory we care about a community I look around this room there are many people have volunteered time myself included in sports in youth programs and other things we care about our neighbors we care about living here and we want what is best for our community and this is not what's best for our [Music] [Applause] community c k e r m a an can your address please 21 Birch Drive testimony you do this evening before the I do I had a very superstitious grandmother and one of the things that she believed was that when you're driving under an overpass and a train goes by overhead you make a wish and I remember distinctly in January of 2013 my husband and I were looking for our first home and having quite a difficult time and I was driving through ples and a train went by overhead and I made a wish and 5 months later we closed on our home on Birch Drive and it kind of became a little bit of an inside joke between my husband and I that we lived in the community of caring because my husband grew up in Carney and so living in a small town that prided itself on fostering quink downtown and supporting local entrepreneurship and practicing really sweet Traditions throughout the year it just felt very very special and for the most part since then I really have felt like we've lived in the community of caring I felt very cared about until now and I know that money talks and it can be loud but the members of the community are desperate for you to realize that we're talking too and we're talking because we can see very clearly that this project is a catalyst for danger it's dangerous to our youngest community members our children and as a mom to two boys I have to speak to this this McDonald's specifically its proximity to our schools is a hazard to our children without getting too technical the prefrontal cortex of the brain is not fully developed in school age to Children this area of the brain is responsible for impulse control rational thinking planning being able to understand consequences simply put our children do not have the skills and yet they are going to be put into a situation where some of these skills will be called on every single day with our Town's limited busing we are a community of Walkers and drop off and pick up families and we because we've had to retrofit our system the amount of children going going to and leaving from the burrow school by foot daily is huge what do you think is going to happen if there's a huge increase in and dangerous intersection when a third grader sees his friend across the street do you think that young child whose brain is not fully formed is going to have the wherewithal to stop and think before he lets his impulsivity take over and what about half days or even Fridays I mean have you seen the kids leaving the school buildings the Mountain Way kids are running down the hill the burrow kids are running down the street filled with excitement and without a care and that's the way it should be because they're kids what is going to happen when they decide to cross the busy street for McFlurry we as the adults have the ability to see potential issues and dangers to control our impulsivity to just fill an empty building with something that has catastrophic future implications for our town and its people we as the adults have an obligation to take care of our children when we voted you as representatives of our community we trusted you to do the responsible thing to make decisions that will keep our community safe to keep our children safe especially when they cannot do it on their own I cannot rely on a wish for the train for this one I have to rely on you please hear a mother's plea please do the right thing hear the voices of those who trusted you to represent our best interest we've set our peace and when an accident happened happens because we can all see one happening it will be on your heads and hearts if we don't stop this project thank [Applause] [Music] [Applause] you Bill Houston ad glenberg Road h o u s t o n Lake the city do you do you swear testimony this evening before this board will be the truth the whole truth nothing truth I do I brought my big guns to the members of the planning board I want to thank you for all your time and consideration to the burough professionals and the attorney I want to thank you for your expertise and review of the application to the staff here at the community center and Paul we all thank you for your time and setting these meetings and staying until The Bitter End and to the people of mois PLS especially Jo Marosa and Tom badag I want to thank you for your voices your courage Your Vigor your expertise your tenacity your passion your tears and most of all your hearts you are what make moris PLS the community of Caren [Applause] [Music] in his opening statement the the applicat attorney listed a few permitted uses of the B2 Zone I'd like to read some additional permitted uses Art Gallery Art Studio healthc care services instructional schools micro breweries co-working offices and wineries all of these uses are permitted uses in the B2 zones and all of them would Pro provide an economic benefit to the burrow all of them would promote foot traffic not car traffic all of them would improve the value of the town this is not our first rodeo either we are very familiar with our town our history and with a corporation that wants to serve billions and billions but doesn't care about the few and we are few we are a proud few and we are a happy few we are a band of brothers and sisters that always fights for what's right for our community the community vision statement in our 2018 master plan reexamination report reads quote moris plan is a safe healthy and vibrant small town and seeks Innovative and Sustainable Solutions to mitigate the impacts of future development on its roadways and and infrastructure and most importantly maintain the small town character of moris plains which makes it such a desirable place to live unquote to the voting members of the the planning board you've all raised your right hands and sworn an oath to the people of Morris plans the oath reads that you quote do solemnly swear that you will faithfully and partially and justly perform all the duties of the office of the planning board to the best of your ability and that you will support the Constitution of the United States the Constitution of the state of New Jersey and that you will bear true faith and allegiance to the same and to the governments established in the United States and in this state under the authority of the people and that you will faithfully and partially and justly perform all the duties of the office of the planning board according to the best of your ability so help you God everything we do as a community is driven by one core value the community of caring this value is not just a belief it guides the decisions we make every day to do what's best for our community and one another we are a people-driven community where our is greater than some of our parts and our people are passionate about where they live representing Morris PLS requires individual Excellence combined with the utmost respect for the community that respect is shown by building relationships a willingness to listen and learn and an openness to new and diverse ideas and perspectives our bur's strength comes from a commitment to listening and hearing our residents voices you have a tough decision to make but I would ask you to do what's right for your neighbors and your families do what's right for the community of caring do which right for moris ples plant better [Applause] [Music] [Applause] [Music] [Applause] [Music] trees my name is Morin muray m r y nine Cutler Road the testimony evening I do my wife Sue and I have lived here for 25 years and uh we're getting closer to retirement age we're not as good at dodging cars anymore and really I consider us Daredevils because that's what you have to be to get across speed while these days you have to be a daredevil and uh we've been almost struck a couple of times uh our dog was almost hit and the thing is we love to walk we walk everywhere we walk to Central Park we walk by Sue's house we see Frank at Dunkin Donuts we walk to Dunkin Donuts to get our breakfast I'm addicted to their coffee so are you but walking there has become more dangerous I'm afraid and driving there the other day I was trying to get out of the exit from Dunkin Donuts and it was a nightm it was it was rush hour and I was trying to imagine what's it going to be like when the Dunkin Donuts exit is right next to the McDonald's entrance and there's only maybe two cars backed up on speed well we're going to be blocked Frank we're going to be blocked into the Dunkin Donuts FR uh parking lot your coffee is going to get cold by the time you get out onto Speedwell Avenue whether you're going right or left you're going to be stuck there I'm telling you so you know my my aunt and uncle lived here for 50 years the roths Mary and Bob Roth and they told Sue and I you're going to be welcomed into this community and we work 25 years ago when it wasn't as safe to be gay we were welcomed in this community with open arms Frank performed our marriage ceremony a lot of people don't know that and we want to be able to be safe here as we always have been we want to be able to walk everywhere to Central Park to Arthurs to duckin Donuts without having to dodge cars and be afraid for our safety those orange flags are useless I think they people must think they're NASCAR flags because they they speed up when they see them or they ignore them or the cars behind them as some of our our neighbors have said they they come around them and they they go really fast and they don't care they're they're anxious they want to get to where they're going but I implore you all please think about the long-term residents and the kids and the new residents and the people that consider this to be the community of Karen we just want to be safe and and we're putting our faith in you so thank you plant [Music] f one more this is it this is it this is it you're the final thank you please state name spell your last provide director my name is Tracy scanland s l n I live at 8 car Avenue youir the testimony this evening before this Bo will be the truth whole nothing yes I do okay this is completely out of my comfort zone I don't like to speak in public I've been very very busy and I haven't been able to come to the regular meetings but I wanted to make my voice heard because our family um many of you know my husband he was born here he was raised here um before we got married he was very adamant about not leaving here because he wanted to raise his children and I agreed to that and I'm very very glad I agreed to that um the community has like I'm in a different generation I see a lot of new phases here and this is great but the the generation has gone it's a very much community of caring and it takes a village and everybody really kind of helps each other and and it's a great Community I'm also a realtor in the area and I can honestly tell you that people look are looking for moris PLS they want to move to moris Plains because we are a small type Community because you can walk down the streets and not be afraid because your children can play and we don't have to worry you know I can also say that my husband and I have had a long-standing business in the community right on Speedwell Avenue and firsthand knowledge people will come down speed Avenue we actually we have an entrance from speed well and an entrance on the other side of the road on the other corner and people will come down speed whe and they will use that as a cut through they will actually use it as a drive-thru so we had to actually block off that one entrance so people wouldn't be as Reckless so people are Reckless that's just they just are so I feel like this community with the attorney had said before the one that is representing the public that you're putting a square peg in a round hole it just doesn't fit it just doesn't fit and um I really think that I hope everybody else can raise have children here just like I did and God bless thank you [Applause] that's it so the applicants in board members first um on behalf of McDonald's on behalf of the property owner and myself we would like to thank you for your professionalism for your patience and for your attention to this application contrary to what some of the public has said this evening you are not elected officials you heard that a lot we elected you you are appointed board members and you do this on a voluntary basis and frankly some of the Venom that was and hate that was directed to you this evening is Unbecoming and for someone who appears before these boards for 25 years I will tell you that it is one of the most difficult jobs in the world and we appreciate your attention to this process we also appreciate the public for coming out and we appreciate you participating in this process we learned something new on every application and this one was no different we did our best over the last couple months to accommodate the concerns of the board members the board professionals and the public among the other concessions that we made on this application are number one we reduced the hours of operation for this restaurant we reduced the number of signs on the building we reconfigured the rear exit from the property to prevent right turns we significantly enhanced the vegetative buffers on the property we upgraded the kitchen exhaust we agreed to constru struct a burn in the rear of the property we upgraded the exterior materials to break we reconfigured the entrance to the property so it aligns better with the drive-thru we agreed to replace the internally lit signs with signs illuminated with gooseneck lights we agreed to relocate and widen the crossball we agreed to install flashing beacons for pedestrians we agreed to accentuate better the directional markings on the pavement and we did agree contrary to what you heard before to upgrade the dumpster area and cover it with a lock that has on a timer and that will always remain closed unless it's opened they were I misspoke when I said it was on a timer what I meant to say was that it had had an automatic closing mechanism so it didn't remain open that's what I meant to say there are more changes that we made to this application board members but they were more technical in nature and that they were made and in response to comment letters that we received from the professionals however as you know we could not satisfy all of the demands made by the public for example the members certain members of the public and I will note there are 6,500 residents in Morris Plains 6,300 are not here we could not meet as I said all of the demands made by the public for example certain members do not want to drive through at this location we cannot agree to that because the McDonald's business model which was significantly impacted by covid incorporates the use of a TW Lane drive-thru which is permitted under the Morris Plains zoning ordinance there are other residents who do not believe that this site is suitable for a drive-through restaurant that is not an issue for this board that issue was decided by by the burrow of Moors Plains when it rezoned this property and by the way all of the other properties in the business Zone that are allowed drive-thru restaurants as well this property was not spot zoned for this restaurant this board cannot through its decision-making process rezone this property to make a restaurant with a drivethru a prohibited use you do not have the jurisdiction to do that with respect to the record and I would like to bring everyone back to the law and the record there's a lot of passion in this room on both sides but what we have to be guided by is the record Patrick moan was a long serving senator from Massachusetts he once said you are entitled to your own opinions but you are not entitled to your own facts under the municipal land use law in deciding this application the planning board is bound by the facts as they are established in the plans for this project and through the testimony of the experts and professionals that that considered them planning board members cannot in judging this application rely upon their personal experience anecdotes hunches or speculation they can also not rely upon personal experiences anecdotes hunches or speculation from members of the public they also cannot rely upon academic studies that have no bearing on this site for this application nor should they be swayed by the dog whistle of a former police chief or lawyers who do not practice L use law planning board members must base their decisions upon the sworn testimony and competent evidence in the record as judge mink who is the assignment judge for Morris County recently held quote it is essential that the board's actions be grounded in evidence in the record the board must root their findings in substantiated proofs rather than unsupported allegations in this case there is considerable unrebutted evidence in the record proving the applicant's entitlement to the relief it seeks let's start with the variants for the loading space applicants traffic expert Craig Parago and the Burrow's traffic expert have over 50 years of combined experience in this field both men concluded that the site can safely accommodate the twice per week off peak deliveries proposed here we submitted truck turning templates showing how deliveries will occur and you heard hours of testimony in response to question from the public on this subject there is zero evidence in the record indicating that the delivery trucks will create an unsafe condition here there was no study or modeling done to refute the safety of the Turning movements that we showed to you and proposed and no qualified expert could explain why this method for delivery Works in all of McDonald's tens of thousands of other restaurants but will not work here the plans for this project were reviewed by the fire department of the bur and with the addition of some striping which we agreed to do they were satisfied with the proposal and that it did not create an unsafe condition the Morris Plains Police Department reviewed the plans for this project and concluded that the proposed plans do not create an unsafe condition with respect to the parking variants you heard from Mr paraboy that this site has more than sufficient parking to accommodate this siiz restaurant the parking study Supply the parking Supply exceeds the average Peak demand published by the it Based on data collected at other fast food restaurants around the country if you recall Mr Parago also testified that this McDonald's location will have about the same number of parking spaces as another restaurant in New Jersey that has three times the traffic volume and is a much bigger restaurant regarding the size of the proposed parking stalls Mr Paraguay testified that the size of the Stalls are the industry standard for this use and that they are sufficient for the types of vehicles that will be parking on the site neither the burrow traffic engineer or the bur civil engineer disagree with this we have asked for a variance for fence height we intend to build a fence that is 8 ft rather than 6 feet two tall 2 feet taller than what is allowed we're doing this to create a better buffer for the neighbor because we require the use of menu in ordering boards we also requested a few sign variances we also need a variance because the golden arches are 3.5 ft High where 2 feet are permitted these variances were proven and unrebutted by Mr gravano who applied the C2 bulk variant standards to the relief sought ladies and gentlemen that's the evidence in the record from qualified experts on this application the objectors represented by Miss Kumer offered planning testimony for from Mr St Mr St admitted on the record that he had not read a single transcript or watched a single video of the extensive record in this case indeed during his testimony it became painfully clear that he lacked even a basic understanding of the variant saw and the facts in the record supporting them moreover Mr St is not a civil engineer architect or a traffic expert he is a planner who must rely upon facts that are in the record he cannot as he tried to do in this C case make up up his own facts he is not qualified to testify about traffic he is not testified to qualify about civil engineering he's not qualified to testify about architecture therefore even if he read the transcripts which he admitted he did not his testimony cannot possibly be reliable because it does not rely upon any facts only his uninformed speculation the other reported expert testimony the record were the presentations made by Mr Amoroso and Mr bad I like these guys I think they're probably very nice guys and I I think they got a lot of courage to come up here and give expert test or try to give expert testimony I don't hold that against them but as I stated on Monday and was taken at issue apparently here the board can not rely on the statements of expert testimony because both gentlemen have a personal interest in the outcome of this case even if they were not conflicted neither one produced backup data upon which their conclusions RI and neither modeled or tested the conclusions that our qualified experts entered into the record nor did after their testimony the board Eng engineer or traffic engineer change their opinions about this application questions from the public about the timing of the zoning Amendment allowing a drive-thru for this location or what the burough council members knew or didn't know at the time the resoning was adopted is irrelevant to this application this board has no jurisdiction over the timing of the zoning Amendment or who knew what when that is not before this board have you as you have heard more times than I bet you wanted to drive-thru restaurants are a permitted use by making that designation the burrow Council already determined the suitability of this site from a location traffic and master plan consistency perspective the idea that the burough Council only intended drive-thru restaurants on one lot is a red heron if the burrow Council wanted to regulate the size of the lots that are allowed to accommodate a drive-thru it would have done so in the zoning ordinance the council would would have established a maximum lot size for this use but the council didn't do that and this board cannot amend the burrow zoning ordinance to make that change with respect to noise and sound we described all of the equipment in our expert testimony that will be used on the site including the menu boards and the exhaust scrubber we will not get a certificate of o occupancy if we are approved unless and until the burrow is satisfied that we comply with the performance standards for sound and odor period we have also offered to do a postoperation noise analysis to make sure that the sound generated by the order boards deliveries and other operations meet the requirements of state and local noise ordinances that will be in the resolution we agree to do that members of the public tonight on Monday night last month have insinuated that pedestrians and particularly children will be injured or killed as a result of this project there is ladies and gentlemen no evidence in the record to support those claims rather McDonald's will be making improvements to the site and the road that will improve pedestrian safety for example reducing the number of curb cuts on Speedwell Avenue from 2 to 1 is a very important safety Improvement because there is one fewer pedestrian Crossing on the site the relocated and widen crosswalk which was recommended by the burough and supported by Ng njd [Music] will make it safer The Pedestrian beacons that will be installed on the crosswalk will make it safer McDonald's and the property owner have the greatest interest in making sure that this site is safe and efficient there was a remark before about McDonald's not being at these hearings Eric Wagner from mcdonals Corporation who is in the front row has been at every single meeting of this board every single meeting regarding McDonald's support for the local community and the Greater Community just as as an example two days ago local McDonald's owners and operators presented a check for $1.9 million to four Ronald McDonald House organizations in the New York Region including the Ronald McDonald House of Central and Northern New Jersey their mission is to support critical services to local family families whose children are receiving Medical Care at local hospitals there are people in this room who whose family members have benefited from the work of the Ronald McDonald House as you heard in earlier testimony as you heard in earlier testimony it is common for McDonald's operators to engage with and fund local charities and nonprofits and this restaurant will be no exception this location will also be the place where young people from Morris Plains and the surrounding towns will have their first jobs as some in this audience acknowledge was their first job and contrary to what was said before when there is emergencies and catastrophes McDonald's has always stepped in the breach providing food money and volunteers for natural disaster as I was respectful when when you were talking despite say anything stop why don't you tell him to stop this is the problem here stop despite what n I'm going to continue despite what national political leaders are trying to stuff down our throats this is not a black and white world if you have breathed the air on this Earth long enough have a family are married just have a pet you know the world is gray the most successful projects are the ones where an applicant and neighbors open a dialogue and collaborate on what changes and revisions to a project can be made to try to address their concerns from The First Time The Neighbors were introduced to this project and me we extended our hand to meet to discuss this project nobody took us up on it nobody instead the neighbors and objectors have taken a an All or Nothing approach to this application and All or Nothing approaches to these applications in my experience never really work despite this board members if the board acts favorably on the application we are still happy to sit with the neighbors and try to come up with some more common ground on this application over the past months of these hearings there has been a great deal of passion on display on both sides of the application I only wish that some of that passion and energy were expended working together rather than engaging in arguments that appear to have driven the parties further apart ladies and gentlemen of the board whatever happens this evening we wish the board its professionals and members of the public a very happy and healthy holiday season and New Year thank you very much [Applause] [Music] you you will have everyone here will have a chance to say something so's Karen okay before before we get started on our deliberations I uh have to have Karen certify that each one of the members who missed the meeting certified that they read the transcript is that so yes that's Mr okay okay they all certified sign the sheet they read all of the transcripts thank you so I'm going to give this opportunity to uh obviously to our board members to make some comments and Frank do you want to start it off okay before I start was it Eric Wagner from McDonald's I mean I'd like to stand up so people know who you are really maybe they want to talk to thank you this is a tough there's no question this is a tough application it has a lot of emotion and there's a lot of facts in here a lot of public input and that is I I think great I lot of people beat up on the planning board but I guess that comes with the job let me just say this okay the use is allowed and candidly that's almost the entire ball game okay you don't want to hear it but I'm telling you that is very factual and one thing I'm just going to say two things I'm going to say one when they change the there's zoning okay a lot of people got notices and only if 10% of you came to that council meeting when they made those changes we probably wouldn't be here tonight if you're not if you are going to be disruptive we'll have to ask for you to be removed okay this is the opportunity for the planning board The Secret of zoning is very simple you put in the zone law what you want not what you don't want simple as that but the policy is made by the governing body not this body we are here to try to make it I guess you would say a better application and I'm going back to traffic we always talk about traffic but as our board attorney also advised us this board does not have jurisdiction power to deny an application based upon increased traffic if it is a permitted use that's a big strike okay on on on uh maybe denying this application I just want to point out a couple things uh when friendlies was there they also made deliveries with a tractor trailer and that tractor trailer left the Dayton Road exit never [Music] did as as it did I I've seen it as did trash trucks and as did a lot of the people who were customers it was like come in speed will go out dat okay that is what I certainly saw cuz I did go to friendlies they are at least limiting the exit 9 by 18 parking spaces is a variance but I'm going to tell you they're all over Marsh Plains from the from the public parking in town hall to Downtown parking to City Med you name it they're all over they have a 25 ft buffer there was no buffer before I think that's so important so important and just for you know performance standards and that's very important but Chipotle and chick P had to do them also and they were successful and we'll make sure our professionals will make sure that McDonald's can do that but I'm of the opinion that if we deny the application it'll lead to a very costly court case which we cannot win thank you mayor car good evening members of the planning board the current applicant and all members of the public here today first and foremost I want to remind everyone that regardless of the outcome of today's vote we're all friends neighbors and residents of this wonderful community our shared goal no matter the differing opinions is to ensure the continued success and well-being of the place we call home I would like to comment on all the residents who have engaged in this process whether through attending meetings sharing your thoughts asking important questions or offering suggestions your time passion and commitment to this community are truly appreciated this is the essence of what makes our community strong and vibrant the planning board process has been in place for many years and is has and it has consistently proven to be an effective way to work through complex decisions I want to take a moment to thank the planning board members and their dedication and volunteer service the countless hours that have been put into reviewing this application listening to feedback and considering all angles reflect their commitment to our shared values if this application is approved I am confident that every piece of input from the residents the applicant the board members alike has been carefully considered my thoughtful IDE many thoughtful ideas have been brought forward some of which may be anticipated I'm sorry many thoughtful ideas have been brought forward some of which have not been anticipated on the onset the back and forth the questions asked the ideas debated this is all part of a healthy successful planning process it is through the collaboration and open dialogue that we arrive at the best possible outcomes if however this application is denied we will continue to work together as a community to explore the future of this property we remain a United Community focused on thoughtful respectful discourse it is important to clarify that if this application is approved is is approved the applicant will be required to comply with all conditions of approval and all all of us residents board members and the applicant have played a role in shaping these conditions is a collective effort that ensures the best outcome lastly regardless of how the vote turns out I want to encourage everyone to continue to treat others with respect disagreement is natural but harassment and disrespect have no place in our community we must be able to agree to disagree when necessary and recognize that our differences don't diminish our shared commit to this community we are all neighbors friends colleagues and most importantly a community that means so much to each and every one of us thank you Mr Kelly I was one of the members of the master planning committee we spent over two years trying to update and revise the um the application or whatever the board I have to that the idea of drive-thru in this was one of the last things that was even mentioned in our review of the thing so um it came up and the only thing that was mentioned was the possibility of banks or um pharmacies never was a drive-thru restaurant brought up um in hindsight perhaps it should have been um I would like to say though um and then use the appli turn anything it's easy to simplify this to a black and white issue say yes it's a restaurant and yes a drive to is permitted from there when you go beyond that all the questions and um that you raised the um information that you provided as far as what your concern or whatever is what goes into making the decision when this application came in I asked the attorney on the first was there any reason this application could be turned down and what I was told yes within the board we're not obligated to give them any of the variances they were asking for when you talk about a restaurant there's no precedence for what they're doing so I I in defense of the board I said we didn't know what was coming and how how could we there's an application right now when they first did it about 6 months ago I think there was one drive-thru when I saw a revised plan I think now they're proposing four or five drive-throughs in this application so this is something totally new the fact that you've come out I think it speaks of the community of caring and I think that your questions and your concerns are actually viable information they're facts it's not hearsay it's not a motion you're the ones that live in this community and I do believe that we have a responsibility to the residents of the town and the decisions we make and we need to make the right decision and it doesn't come down to a simple basic rule our planner are told us we started talking about the things we didn't want in the town I think massage parlor was one a tattoo shop was one who sell marijuana in the town and she pointed out yes even we could prohibit those things within our zoning laws but that doesn't mean somebody can't come in and Sue the town said that it's presidential she said that their decisions come down in the final analysis so again we're not obligated to to vote or approve any of the variances I've been on both sides of the fence since 50 years of business I've been an applicant where I've been turned down by a town even though all of their experts recommended approval so I was caught in B there I compliment our applicant our applicant here the attorney and their experts and I I get it their only job is to seek approval for their client they're not they're not obligated to listen to our concerns nor they obligated to necessarily answer them and I think there are a lot of questions that were not answered and I can't explain why we didn't challenge them on some of the issues but I think that your interest and and the information your gives us information and the board to whether we want to vote vote for it or vote against it and as well within our rights as far as whether or not we would they take it to the court and so I don't even think that's a question we can't base a decision on a negative aspect whether in that's getting into what I would consider bullying like again I said they and I think that McDonald's is a legitimate company um they presented their their um information and whatever to us and it's our decision to decide whether or not we want to allow it and again I think it comes down to some of the variances and we're not obligated to vote for them [Applause] [Music] [Applause] excuse me I don't know where to begin except to say thank you all for being here you have asked hundreds and hundreds of questions I have pages of notes um it amazes me to see so many of you out to do that and I thank you for doing that I know this is a hard decision for all of us um I think the most we've ever talked about it among ourselves is right now the gentleman before me had very well prepared things to say I feel like I am uh the new kid on the Block but somebody said something I think about not having made up my mind or our minds beforehand I don't know how we could because there were so many questions the speeches you gave this even were also heart-rending sometimes um I don't I hate to think that we are concerning just because children may be injured I hate to keep saying that it's been said so many times W every time somebody mentions this yes we want it safe um I know that the applicant has accommodated many concerns of the public he listed them tonight when he was speaking um those questions that you asked and mostly mostly were answered by the expert or Mr bolo and I I just no matter which way it goes I have to agree with what has been said especially by mayor Carr that we are still the community of Ken I know many of you people I know many of your children I've worked with them for years this is my first experience being on this board and it's unbelievable there is so much to listen to so much to think about and um I just hope we all come to the right conclusion thanks for everything M first all that was wild uh first off I just want to thank everybody for joining us and being so passionate about this this is a very uh complicated emotion filled decision for all of us um I have been in Morris Plains almost exclusively in 1986 I've had four houses in Morris Plains I have three generations of my family in Morris Plains I care deeply about what happens to this town please don't think I'm introverted person do not think that I have not been listening and taking notes and hearing what all of you are saying um the planning board has a challenge in front of us with a master plan that came to us and so we've got we've listened to all of the testimony we've listened to all of the emotion we listen to all the perspectives here and I will say you that we don't take this lightly and um uh we'll see how this how this goes but thanks to everyone Mr B guys I really just want to say thank you to all of you because all all your comments were just heart and you really put things in perspective for me um I had a lot of things to say but I'm going to keep it on down this is a little unexpect don't now better so again this is a little unexpected for me I wasn't prepared to have a speech for for this group however I do want to thank the applicant I do want to thank the public for coming out I think that the input that we got from the public very invaluable and I'm ready to vote thank you everyone I really to go any further delineate with already been said is redundant but I just want to say thank you again okay so I I just want to correct the record Mr Kelly um drive-thru restaurants were proposed for the B2 Zone on the very first spreadsheet that the master plan Review Committee received from the council Business Development Committee for the B2 Zone okay so that was back in November of 2021 the first spreadsheet that we got from that business development committee had drive-thru restaurants permitted in the B2 Zone okay that's to correct the record tonight is our seventh planning board meeting on this application and up through and including tonight's meeting over 20 25 hours of testimony questions and comments I mean that's a great thing please be proud of yourselves there's now been seven hours of public comment and the board respects the investment of time that the burough residents have devoted to this application and the suggestions you made to improve the development many of which the applicant has agreed to we have heard you our professionals and employees have devoted an inordinate amount of time to be sure that all the burough residents who wish are heard and our planning board members have done the same both here at the meetings at home studying plans reports and reviewing transcripts and thank you all for your dedication to the burrow this application and all applications before the board cannot be determined by a popularity contest the planning board is bound by certain regulations of the ml the master plan and burrow ordinances our responsibility is to determine if the applicant met the burden of proof did the applicant prove that the deviation from the standards are not so unreasonable so we could not Grant the variances or or maybe not without harm to the public good these are the parameters that we have to use to reach a decision and I can assure you that every member of this board takes these responsibilities very seriously this isn't easy we're all volunteers we all signed up for it we're not complaining but it ain't easy therefore I make a motion that the planning board members approve application b124 McDonald's USA Grant the requested variances and direct our attorney to prepare a resolution of approval to be read at the next planning board meeting on January 20th 25 roll call please a second I mean a second I'm sorry is there a second Mr no Mr so I have a statement along with my vot although this application is for a zone property with an intended use of a drive-through restaurant in my opinion based on the testimony the proposed business does not logistically fit with the vision of our town at a minimum there are too many things as presented that need to run smoothly for this business to operate effectively on the proposed site in referencing the burrow master plan the recirculation efforts underway to alleviate or reduce congestion to improve Public Safety will negatively be impacted with an approval in my opinion in good faith and with Integrity I cannot support an approval and therefore vote no for this [Music] [Applause] application as I stated in the very beginning when we started this I'm very concerned about the parking lot the trucks coming in and out um and my biggest priority is safety um as all the residents know and many of you spoke about we have a huge problem with the school across the street and a lot of people are coming up Hanover Avenue and they choose to take Mountain Way and either come Mountain way to Glenbrook to Franklin they're coming up hill viw they're doing whatever they can to get out of the chaos on SP Avenue um and not only are they in front of schools now they're going behind the schools they're going in front of the park that we have back there that on a normal basis there's a lot of children back there and a lot of adults to um um I I also feel that parking lots is way too small I never got real clarification on employees um I would I was told 10 to 13 employees I think but there's not a parking for 10 to 13 employees plus all the traffic that's going to come through there so there's just many reasons but those are some of the few that I really am turning this down and I am voting no [Applause] next I said yes that's fine okay yes okay yeah Kathy um I also say yes I U think the applicant has proved the case many times over and over Mr Kelly I don't believe the app uh complied with it whether it's a detriment or positive aspect I think it's overwhelming uh comments from the residents that it's a negative as I vote [Applause] no based on the facts I have to vote Yes yes I vote Yes one more year yes I V yes the motion has been [Applause] approved Spees [Music] our next meeting will be held January [Music] 20th January 20th and the the it will be determined where the meeting will be held [Music] second Marana Kelly and all in favor of adjournment I favor any oppose thank you than walk I than that's [Music] by good you you do you problem [Music] you