Planning Board - Regular Meeting

Piscataway Township Planning Board meeting will please come to order. Adequate notice of this meeting was provided in the following ways. Notice published in the Courier News. Notice posted on the bulletin board of the municipal building. Notice made available to the township clerk. Notice sent to the Courier News in the Star Ledger. Miss Buckley, would you please call the role? Mayor Waller, present. Councilwoman Cahill. here. Here. Thank you. Miss Corkran here. Reverend Kenny here. Mr. Atkins here. Mr. Foster here. I can't hear them.

They're pressing the button. I know. I'm watching. Mr. Ahmed here. Mr. Edaria here. And Madame Chair here. Mr. Barlo, would you please read the open public meeting notice?

Certainly, Madam Chair. We are doing this meeting through the online meeting platform, specifically Zoom. In keeping with the guidelines that have been disseminated by the Department of Community Affairs, the planning board has tried its best to comply with the Open Public Meeting Act and the DCA guidelines. In addition, any applicant whose matter will be heard this evening has had the login information for the online meeting platform put forth in their notice. Members of the public who wish to be heard will be afforded an opportunity as if they were in an actual physical space. And I believe the board's done its absolute best to comply with the DCA guidelines and the open public meetings act.

Thank you. The flag can be seen over my right shoulder. Can we all recite uh the pledge of allegiance in unison, please? I pledge allegiance to the flag of the of the United States of America and to the republic for which it stands. One nation under God, indivisible with liberty and justice for all. Thank you. Can we swear in the professionals? Certainly. Ron Jim, I swear the testimony I give before this board will be the truth. The whole truth, nothing but the truth. Help me God. We do. I do. Are there any changes to our agenda tonight? None that I am aware of, Madam Chair.

Thank you. Do we have any duly uh audit duly audited bills to be paid tonight? Uh believe so. There should be a motion to pay the bill. Can I Can I get a motion to pay all dy audited bills? Motion, Councilwoman Cahill. Thank you. Can I get a second? Second, Doran Corkran. Thank you. Roll call, please. Mayor Waller. Yes, Councilwoman Cahillo. Yes, Miss Corkran. Yes, Reverend Kenny. I see him on the screen there. Um, once we're done with this, I'm going to have to get off. I'm going to have to move them into Dawn's office. I apologize. Mr. Atkins, yes. Mr. Foster.

Yep. Mr. Aamemed. Yes. Mr. Edaria. Yes. And Madame Chair? Yes. Yes. You want to take a quick break right now, Laura? I'll move. Yes, please. Yeah, I it's all set up. All they really have to do is grab their stuff and come in. So, I'll Thank you. meeting is adjourned for a moment. Um, uh, chair, I'm going to jump off and try to come back in to hopes to get some video here. Okay. Okay. We're adjourned for about five minutes.

Thank you. I told I can't talk about it. Yeah.

All right. Grab a seat. Okay. slide up there.

All right, you guys are unmuted. Okay. Do you know how to mute and unmute if you want? You have to stretch though. Just just unmute. You can see all my children's artwork. Sorry about that. And I told them they can't talk about anybody because they're they're not on mute. Okay. And if you guys do need to mute, just use that. This is Dawn's office. This is Dawn's office. Yes.

Okay. It's 706 and our meeting is back in session. The next item on our agenda is adoption of resolution to memorialize action taken on March 11th. Well, there's none on that that there's none. Adoption of the uh minutes from the regular meeting of March 11th. Do I have a motion to to do I have a motion to adopt the minutes of of the regular meeting of March 11th from I'll make the motion. Do I have a second? Mr. Atkins, a second. Roll call, please. Mayor Wall, yes. Councilwoman Cahill,

yes. Miss Corkran, yes. Reverend Kenny, yes. Mr. Atkins, yes. Mr. Foster, yes. Mr. Ahmed, yes. Mr. Edaria, yes. And Madam Chair, yes. Yes. Item number 10, discussion on the affordable housing ordinance uh enacting UHAC and amended FHA regulations.

Madam Chair, this is Dawn Corpin. Um basically uh this is one inclusive and comprehensive ordinance um enacting the uniform housing affordability controls and the fair housing act, the uh development fee ordinance and the mandatory set aside for affordable housing. Um we already have an ordinance in place. However, this is the um most recent. This is what we are required to adopt. It's already been before council for first reading. So, it's coming to us for a um consistency review. And since this is in keeping with the master plan requirements for the affordable housing, um I think Don you'd agree it's consistent with saying

uh members of the of the board, do you have any questions or comments?

Um do I have a motion to um do we need to open to the public, Madam Chair? Oh, yes, we do. I apologize. Um members of the public, um this is a an ordinance that has gone to the um who has been reviewed by the council and it's back for our second reading. It's been posted and we have no comments any further comments. If anyone in the public has questions about this ordinance that's back for review, please indicate your questions by waving your hand and let me and ask any questions. No, Madam Chair.

Okay. Calls to the public. Um, members of the board, what's your pleasure? Madam Chair, I'll make a motion. Councilwoman Cahill. Um, do I have a second? Madam Chair, Reverend Kahill, second it. Roll call, please. Mayor Waller, yes. Councilwoman Cahill, yes. Miss Corkran, yes. Reverend Kenny, yes. Mr. Atkins, yes. Mr. Foster, yes. Mr. Ahmed, yes. Mr. Etcharia, yes. And Madame Chair,

yes. Madame Chair, because of the time constraints that are involved, I took the liberty of preparing a resolution uh indicating the planning board's consistency review and concurrence with the adoption of same so that it can go back to the municipal governing body for second reading. If someone would like to make a motion just to adopt the resolution so it can be sent back to council. Madam Chair, Reverend Kenny, I make a motion to adapt the resolution that goes back to chair. Do I have a second? I second it. Thank you. Roll call. Mayor Waller,

yes. Councilwoman Cahill, yes. Miss Clarkrick, yes. Reverend Kenny, yes. Mr. Atkins, yes. Mr. Foster, yes. Mr. Ahmed, yes. Mr. Javaria. Yes. And madame chair. Yes. Uh now we're in item number 11. Discussion consistency review for reszoning block 21101 lots 11 lots 89 901 and 902. Madam map. Yes.

I'm sorry. for ease of the for the board's uh time, we're going to discuss 11, 12, and 13 together because they're just uh three different properties as outlined um that are all part of the same uh zoning ordinance in terms of essentially um reszoning them and adding them to the affordable housing requirement. And I think Dawn can just expound on that a little bit. No problem. So, so, so we're we're merging uh items number 11 and items number 12 and 13. Okay.

So, basically um last month the planning board adopted the amended housing element and fair share plan. And if you recall, there was a chart within that plan that identified sites where housing has either been constructed or sites where housing could be constructed to meet the township's fourth round housing obligation. So, um, with this ordinance, there's going to be three new zones created. Um, we're going to have the AH4, AH5, and AH6 zoning ordinances. Um, uh, they will allow for affordable housing and market rate housing to be constructed. Um, keeping in mind that each of these properties will be come back to the planning board, uh, for site plan approval. Um, we have the three properties we're going to have. Um the recommendation is for the uh property the H8 with the H4 designation that property is on Lake View Avenue. Um the property with the AH5 affordable housing designation that's the property on Turner Place South Washington. And the um AH6 designation for will be for another property um over on Stelton Road. But again, it's important to note that these will come back to us. we will have a say in what the buildings will look like and various, you know, things that we do comment on. So, it's just to get the housing in place, the the zoning in place so that these applications can um be submitted and come to this board for review. And again, we're on strict deadlines. Um council had their first reading. This is coming back to planning board tonight for a consistency review. If the board agrees um that it's consistent with the master plan, it will go back to for second reading and adoption by council next week.

Okay. Um is there any other questions from the board? Okay. Um I would like to open it up to the public at this time. Any members of the public have any um questions on these uh on the consistency review of these three items? that have been discussed here. You can raise your hand and I did unmute you. So if you have any questions, you could unmute or just raise your hand. No, Madam Chair. Okay. Close to the public. Is there a motion from uh the board, please? Motion. Councilwoman Cahill. Do I have a second?

Second K. Roll call, please. Mayor Waller, yes. Councilwoman Cahill. Yes, Miss Corkran. Yes, Reverend Kenny. Yes, Mr. Atkins. Yes, Mr. Foster. Yes, Mr. Ahmed. Yes, Mr. Edaria. Yes. And Madam Chair, yes.

And again, Madame Chair, because of the time constraints the state has placed us under, I took the liberty of preparing a resolution uh indicating the consistency review and concurrence with adoption of the resolution for the three properties in question. Okay. Um, who wants to put forth that resolution? Can I get it? Uh, Reverend Kenny, I I uh want to adopt the resolution uh that set forth in regards to uh uh item 13.

Item number 13. 11, 12, and 13. 112 and 13. I'm sorry. 112 and 30. They're conclusive together for consistency review. Did I get a second? I second it like that. Roll call. Mayor Waller. Yes. Councilwoman Cahill. Yes. Miss Corbin? Yes. Bourbon County? Yes. Mr. Atkins? Yes. Mr. Foster? Yes. Mr. Amed? Yes. Sorry. Mr. Edariat. Yes. and Madame Chair.

Yes. Okay. Item number 14, discussion area in need of redevelopment study on block 1901 on in Piscataway Township on 44 Stelton Road. Believe Mr. Clark is here, Madam Chair, to discuss his report.

Yes. Good evening, members of the board. Thank you, Tom, for the introduction. I'm James Clark of foresight planning um council first and then your board directed me to put together the study for block 1901 lot 64.01 01 dated March 26th of this year. Um so I will be guiding you through my report and its findings. Um and happy to take any questions at the end. Uh so you all may know this property uh or better know this property as 44 Stton Road. Um it is where the former New Market school uh is located. And I'm going to skip to the end of my report just for a um sorry for a math just to orient us all of where we're talking about. So in the light blue box is the subject property that I investigated. Um I'm pretty sure most of you are very aware of this property. Uh it's pretty well known in the township and it's also come before this board for uh site plan reviews for several projects. So as you can see two structures on there. you have a roughly 10,000 square foot strip commercial built uh building built in the 1980s. Um that's on the south side of the lot. And then on the north side is like I said the New Market school or the former New Market school that was in the process of being um rehabbed into an office use, but I will get into that. Um as you can see, uh New Market Park is directly adjacent to our property. um pretty much dominated by residential neighborhoods all surrounding the property. Um and then as you all know there is a small commercial corridor along Stelton Avenue that is nearby. So I'm going to jump back up. So, I was able to visit the site on February 26 of this year um and collected some photographs and I did my typical due diligence of uh your zoning

and building records, police records, ownership, all that good stuff um in preparation for this um study. So, uh with that, I will get into a little background. I'll try and be brief because like I said, I'm pretty sure you all are very familiar with this. So, it's actually in your um business professional zone BP2 u and it covers a land area of about 3.43 acres. Um I already touched on the buildings that are on there. Uh but just for the record, the former New Market school is roughly total of 63,460 ft and that includes a 13,500 foot addition on the rear of the building that I believe your board actually may have been I can't recall if it's this board or the zoning board, but one of your boards approved that project. Um, upon revisiting those, it does not appear any of the uses uh approved by the zoning Oh, sorry. You know, I skipped this up. In 2018, sorry, I'll start over. Now I see it. In 2016, your board approved the former New Market School project. So, that was 10 years ago. Um, and as you'll see in the photographs, there was not much progress made. In 2018, the zoning board granted approvals for the existing strip mall. So that's where you they approved a pizzeria, a bakery, and a diner as tenants. Um then again in 2021, they came back to get an approval for a restaurant um in the same strip mall building. So when I did my site visit, none of those uses were in operation or looked like they were anywhere near complete. Um, and I can say the same about the new former or the former New Market school. Um, some construction was done, but it was nowhere near complete. Um, in terms of tenants, the strip mall did have one tenant. It's Provident

Bank. They occupy about a little less than 3,000 square feet. Um, but that was the only tenant in that building. As for the former school, there were no tenants active upon my visit. However, I learned that the post office did have a small 768 foot space that they had to vacate due to molt. Um, and so I'll get into those details in a little bit. Um, so that's really a um overview. I did want to note that when I reviewed some of the police records um

there were some um there were some mostly about post office um patrons that may have complained or something along those lines, but I did find one where young kids were exploring the construction zone, which is obviously unsafe to the community. So, I did want to flag that. In terms of environmental, uh, I reviewed the study area and did not find anything of significant uh, environmental value or of environmental concern. No wetlands. As you know, you guys approve projects. There's been nothing found, so I don't think there's any environmental reviews. Um, I already kind of went over surrounding land uses, so I won't dive into that again. Um, I do want to touch on the master plan perspective. So, as I mentioned, the strip mall was built in the 1980s. The school was actually originally built in the 1920s. And then between those years, mostly in the 50s and the 60s, the residential neighborhoods were developed. So, you could definitely say that this is an older part of the township that can benefit from reuse and redevelopment efforts. So, continuing on to my report, page seven just lists all the statutory criteria that is found in the redevelopment law. Um, no need to really go over that. Um, and now before I dive into the pictures of my site visit, I just want to note a couple things. Um, mainly that it seems from doing some due diligence that the CO 19 pandemic really caused some definite delays for construction uh for both projects. Um, I did find some construction code violations, particularly for the school, where they had to redo the electrical and it basically had to be ripped out. Um, and unfortunately, I think all those things combined to cause financial issues because it was found out that the former school was the subject of a

strict foreclosure. So, basically that meant that to avoid foreclosure, the former owner handed over the deed to the bank. Um so they now have ownership and control of the property. Um and then I observe significant vacancies over 70% um unoccupied space in both buildings on average. Um and that these conditions have persisted for about two years. So now I will go into the photographs. So these are facade photos. Top is the strip mall commercial building. Uh bottom is the facade of the new school. Sorry, former New Market school. Sorry to keep saying that. Um, so you can see they definitely did some work. Um, but the construction fencing is still up. They did some windows. Um, but once you And then this kind of really shows the uh rear edition that was approved all the way back in 2016. So most of the exterior is done, but as you're about to see, the interior is not. So, um, definitely not fit for tenants for an office use building. Um, on the bottom photo, you can see that they had to get rid of the drywall, probably to rip out all the electrical that was not up to code, um, and never were able to replace it. Um, the top is uh an interior photograph of the school that I guess just never got touched. Um, this looks like it's, you know, no construction occurred here. Bottom photo is a broken window. unclear if that was vandalism or someone trying to enter. Um either way, definitely an unsafe condition for the community. Um and you know, the top photo is pretty clear. You know, they store materials here. They seize construction. They just couldn't get very far. Um and had to ultimately abandon the project. Um and up top here is the former post office space, but as I mentioned, they were not there. Um so that concludes the

photographs for the former school. Now I'm going to move on to the commercial building where you have one tenant but the remainder of it about 70% was being constructed for that restaurant use that the zoning board approved back in 2018. So as you can tell also um in a state of construction uh materials unfinished walls you know pictures tell the story formally. Um, so overall I think the conditions shown in the photographs clearly show the majority of the buildings being substandard, unsafe, not tenantable, uh, definitely vacant and abandoned and possibly discontinued. Um, and I think these conditions are clearly detrimental to the township. So just to put a bow on this, uh, I'm going to touch on the exact criteria of the law that I feel the conditions um, match to. So the first is the aid criteria. Um, I won't read the entire thing, but it's basically saying the generality of buildings are substandard, unsafe, dilapidated, or really in a condition that's unh wholesome to living or working conditions. I think without a doubt, we could definitely say that no tenant could occupy the either the former New Market school or the restaurant space in the commercial building. Um, you know, just just the way they are. They're unfinished spaces, so they're substandard and unsafe. Um, and as I mentioned, there are records of young residents uh entering into those unfinished construction sites, which is whatever it's for, it's it's definitely an unsafe activity for the community. And then the B criteria uh is more related to the discontinuence of a use uh of a commercial building or a shopping mall or an office park, which these two uses definitely uh are consistent with. Um but the key word is the significant vacancies of such buildings. So um I'm going to put some statistics before you. So as I

mentioned, let's start with the small uh commercial building had one tenant occupying 2,900 ft out of a total of about 10,400 square feet. So that gives you an unoccupied rate of 73%. So almost three quarters is unoccupied and it's been that way for over two years. So I definitely think I believe that's both significant and meets the criteria of the B criteria um for being um excuse me have having a significant vacancy and then I would pose the same exact same argument argument for the former New Market school because that has a total of 63,000 square feet give or take and when the post office was there they only occupied a measly 768 ft. So that's pretty much a 99% vacancy. Yeah. Vacancy rate or unoccupied state. And since they moved out due to the mold, probably from the unfinished condition of the construction, that moved to 100% in the last couple months. Um, and then finally, I think you could make an argument that because of the foreclosure status of the former school, you could argue that there is an abandonment um, in terms of the project they proposed to your board 10 years ago um, that they're obviously not going to be able to finish. And then finally, the age criteria is the smart planning criteria. Um, I think that since this is part of a vibrant existing residential neighborhood with a commercial corridor, this could definitely be redeveloped in a smart way to have walkability, um, you know, a sense of place for community. So, I definitely think that this criteria can also apply. So, uh, in conclusion, I recommend that the Skyway Township Planning Board find,

uh, that this study is a non- condemnation area in need of redevelopment based on the fact that it meets criteria A, B, and H of the law. Um, I'm happy to take any questions because I know I went over a lot of statistics and numbers, but, uh, that is my recommendation to the board. Members of the board, do we have any questions? Madam Chair, it's Councilwoman Cahill. Yes. Um, go ahead, Councilwoman Cahill. Thank you, Madam Chair. Um, Mr. Clark, could you remind the board um the the the zoning that's in that area right now? Sure.

You went over it, but just want to remind the board as they are thinking about it. Definitely. So it's in what's called the BP-2 which is business professional zone. So really zone for office strip commercial. Exactly what was trying to be um operating there.

Um we don't have any option though to maybe incorporate I know that there's apartments going across the street. I mean could this be like residential and retail? Does that qualify in our zoning? So I think that is um definitely a tool in your toolbox for the redevelopment plan is that you can work with redeveloper on what you feel is an appropriate redevelopment use. So the redevelopment plan has the power to supersede your existing zoning code. So yes, I think that is definitely a possibility. And Jimmy, if I may, um Gabby, it's Dawn Corpin. This is one of the sites that is in our um amended housing element and fair share plan as well. Thank you, Dan.

No problem. um for potential for potential housing. Go ahead, Mayor. I I just want to interject real quickly. Uh this has been a bone of contention for this site with a lot of the neighbors in the area for at least a decade and a half because of the deplorable condition of the property. Um more than likely, whatever happens, I suspect that the building will be demoed in its entirety um because of the condition of it. Um, so, um, you hate to see it go, but it is what it is. I I remember as a child, uh, learning my first having my first basketball clinic there

back in the, uh, very late 60s. So, um, it was an icon then. But, you know what? It It's time. It, you know, the neighborhood has suffered because of the condition of that and it's not fair to the neighborhood to just continue seeing the condition out there. So um if it is uh seems to be eligible for um demolition then why would we go through the process of um evaluating it for redevelopment? I believe that I mean as Jim indicated the designation of the area needed redevelopment opens up kind of the toolbox of development op opportunities um for a redeveloper who's actually going to do something as opposed to as the mayor's indicated sat on you know it's it's in foreclosure now. So it gives a lot more development tools to get something done there as opposed to just sitting in its current state. So this is a a positive to advance something positive taking place there

right now. The bank owns it. Yeah. And also they were looking at that property. They're trying they were trying to determine whether or not it could be salvaged or is it you know has so much time passed and you know it's not the code is it does it have to come down. So there was also a back and forth as to what was actually going to be done with the old school. Yeah. because I was on the board in the 2016 when it was originally submitted for redevelopment and it's in worse condition than it was originally. So, we're going seems like we're going back through that same routine again, through that same process again. Um, okay. Let's um if are there any more questions or

Well, Madam Chair, I'll just make a comment to your comments is that um opening up to the ability to the availability as Don pointed out, we want to include this in our affordable housing plan is, you know, I listen, my husband and I own our home, but a lot of young people with the apartment and potentially, you know, retail. I think it's a a great part of our town to really be paying close attention to to be able to hopefully add some additional, you know, apartments, anything like that where folks can walk out of their apartment, walk down the street, get a cup of coffee. It's it's definitely something that I hope um that the whoever the developer is would be looking at that housing and and I would be definitely recommending that as um you know council person.

Yeah, I can see it as a good site for housing uh multiple use housing. I think it's a a wonderful site for that purpose and I agree with you in that point. But we have to go through this process for first in order to see what comes out of it I guess. And just uh just just put on the record as well, Councilwoman, I I agree with you 100%. Someone who lives that close to Stell and I would love to see that mixed use of of that property. Yeah. I mean, honestly, that whole strip, we could really it could be such a lovely gem in our town if we really start looking at that. Certainly bigger than what it is now.

Madam Chair, just by way of historical thing, when I was growing up as a kid in town, that was the downtown business area of Piscato. other than downtown New Brunswick to go. You either went to New Brunswick or Playingfield to get your clothes or whatever, but there was a small um thriving business community in that section of Stalton Road right there. Yeah. Yeah. Okay. Can we should we open it up to the public now if you're finished discussion from the board? Uh members of the public. Oh, uh Sen Senator Smith. So, I'm a me I'm speaking as a member of the public. Oh, okay. Member of the public. Okay, Bob.

Absolutely. Redevelopment is absolutely appropriate for this site. But I wanted to mention two things. Inside the building, there are some plaques talking about the where, what this was historically, who built it, who were the officials involved that many, many years ago. I' I'd like to suggest that in your plan for the affordable housing that there might be a sentence installed in there that the plaques are saved and given, you know, a prominent location in in the new affordable housing. And likewise, that building uh was the home for many years of a postal substation. And the people on the northern end of the town really like that, you know, because they could drop they didn't have to go to the center of the town to drop off mail or get a the right package or postage. So the other suggestion I'd like to make is that there be an effort made to see if we can get the post the Piscatoway post office to put a postal substation in that location. Would be it would be very nice for the people in the

just recently left so we could get it back. Yeah, we should. Well, they it's a dangerous building so Yeah. I mean, well, back in the area or near that site when it's rehabilitated. Absolutely. That's my two cents. Okay. Members of the public, you've heard our discussion. Anyone in the public like to add something to the discussion or ask any questions, would you please indicate so by raising your hand by a show of hands? No. Madam Chair. Okay. Thank you. Uh then it's closed to the public. Uh, members of the board, if you um have no further discussion, would someone like to make a motion, please?

Madame Chair, it's Councilwoman Cahill. I'll make a motion um that we um I guess this is to recommend uh Mr. Barlo to have the area in need of redevelopment sent back to the council. Yes. Do I have a second? I second it. Thank you. Yes, councilwoman to designated a non- condemnation area need a redevelopment. Sorry, I had my thing on mute. All right. And it's been seconded by whom? Who second? Mr. Mr. Foster. Oh, Mr. Foster. Thank you. Roll call, please. Mayor Waller. Yes. Councilwoman Cahill. Yes. Miss Corkran. Yes. Reverend Kenny, yes. Mr. Atkins, yes. Mr. Foster,

yes. Mr. Ahmed, yes. Mr. Edaria. Yes. And Madame Chair. Yes. Madame Chair, I did take the liberty of preparing a resolution. Yes, you did. I'm sure. If someone would like to move the resolution. Do we have someone to move the resolution, please? So move, Madam Chair. Reverend Kenny. Thank you. Do I have a second? Second. I second it. Roll call. Moving the resolution to have considered area need a resolution. Sorry, madam chair. Council male. Yes. Miss Corkran. Yes. Bourbon Kenny. Yes. Mr. Atkins. Yes. Mr. Foster. Yes. Mr. Ahmed. Yes. Mr. Edavoraria.

Yes. And Madame Chair. Yes. All right. Thank you very much. And I will say to uh talk on to Senator Smith's point, during my stay as I definitely saw some boxes of old memorabilia and even old school chairs. So maybe if the board of ed wants to take a walk through and grab some things for memory sake might be with time now. Yeah, put it aside. We'll make sure that it gets to the museum at least. Yeah. All right. Take care. Item number 15 25 PB151616V Raguvir LLC preliminary and final site plan. Madam Chairmith

uh Bob Smith. I'm a licensed attorney in the state of New Jersey and I'm here tonight uh representing uh Ragavir LLC. The property is located at 136 Stelton Road. It used to be the home of Forever Flowers. um which was an ice flower store. Um and as a matter of fact, I am mature enough to admit that I did the approval for Forever Flowers. Okay. My recollection is that before Forever Flowers, it was um I think a dress shop, but I'm not a 100% sure. I'm I'm trying to remember driving down Stelton Road and what was there, but the building's been there for a long time. It actually uh is referenced on the 1925 tax map of New Market Terrace. And the reason I mention that is you got a property with a building that's been there not forever, but close to forever. And as a result, it was built when we had different zoning ordinances. And as a result, it's it's uh it has some issues related to the fact that it was up before we had a zoning ordinance. So what we're what Ragavir is seeking tonight, and it's the limited liability corporation, they want to utilize the existing commercial building at 136 Stelton Road, block 1903, lot 7.01, which is located in the C zone, to operate a Krower's convenience store. The subject property is an existing commercial lot containing a vacant commercial building which was previously used as a flower shop until the previous owners retired and sold the property. My client proposes a convenience store which is consistent with the use in the in the CZ zone. Hence, we're not in

front of the zoning board. We're in front of the planning board. Um the applicant uh proposes and intends to use the building as its ex in its existing structure which by the way was the same as the flower shop pretty much uh as is with an interior fit out for the crowers. Additionally, some exterior site work is proposed to remove existing parking spaces that are in the township's right ofway and to relocate them in the rear yard of the lot. Uh the installation of curbs, sidewalks, conduits along the property frontage as per township recommendations are also proposed and should be shown on our uh map. We're asking for, believe it or not, uh, 14 bulk variances. As I repeat the bulk variance to to you, I will say one word over and over and over again, and that is existing. their existing conditions probably which were approved in the in the uh earlier application but obviously it was approved for the flower shop approved with these uh dimensions etc. So just for the record, the bulk variance relief we're seeking is lot area where uh 7500 ft is required and we have 7,490 square ft existing. Lot width where 75 ft is required and 49.98T is existing. lot frontage where 75 feet is required and 49.98 feet is existing. Fourth one, front yard setback where 25

ft is required uh and 10.21 ft is existing on Woodro Avenue and 19.23 feet is existing on Stelton Road. Uh sideyard setback where 8t is required and 0.5 a half a foot is existing. That's at the location of the refrigerator. Uh number six, accessory structure front yard setback where 60 feet is required and 36.5 ft is existing. That's at the shed location. Uh park number seven, parking partially located in a township rightway where no encroachments are permitted and it's an existing condition. Number eight, parking located within 50 feet of a residential zone where no parking is permitted and parking is existing. Number nine, building freestanding sign and parking located in a sight triangle where no structure is permitted. Again, an existing condition. Number 10, parking located in the front yard area within 10 ft of the street line. existing condition. Number 11, more than half of the required parking is located in the front yard existing condition. Number 12, loading area and front yard parking shall be buffered from view and no buffer is existing. Number 13, off streetet parking spaces where 11 spaces are required and 10 spaces are existing. And we're going to you're going to see that we have moved the parking in cooperation with the township's recommendations. Uh we have 10 now and we will remain with 10, but it's still one short of the 11 required. Uh number I think I'm at number 14,

right? Freestanding sign shall not be located within 25 ft from the street street line and the sign is located one and a half ft from the street line and existing condition. So everything that you see on this list is existing and had gone through we believe the zoning board in in 2011 uh or 2012 one of those two dates I think 2011. It's our intention tonight to present two witnesses. First the uh applicant, his name is Bavia Patel and he is the managing member of Ragavir LLC. Uh and he's going to describe what he'd like to do at the facility. And secondly, our engineer and planner. He has both titles and that's uh James Mastinardi PPP. Uh we have received staff reports, professional staff reports, including the township staff report revised March 4th, 2026 and the CME review uh number two dated March 5th, 2006. With your indulgence, Madam Chairman, I'd like to call Mr. Bavia Patel to be sworn so that he can give testimony.

You may proceed. Hello, sir. If you could state your name, spell your last name, and give us your professional address, please. My name is Bia Patel. B H A V Y A. Last name is Patel. P A T E L. My address is 9 Winslow, Edison, New Jersey. 08837. I'm sorry. Uh 9 Vince Winslow. How do you spell that? W I N S L O W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W Winslow, I'm sorry in Edison, New Jersey. Edison, New Jersey. Okay. Could you raise your right hand? You swear the testimony give before this board will be the whole truth.

Yes, I'll do it. You're a witness, Mr. Smith. Thank you, Mr. Marlo. Uh Mr. Patel, what is your role in Ragavir LLC? How long have you been in the convenience store business? I'm in convenient business more than like two and a half years to three years and I'm the managing director to take care of the Krowers Food Store. Okay. So, you're the managing member of the Rago Vera LLC. Yes,

that's your role. Yes. Okay. Um, why did you choose this location for your proposed Krower store? So the Piscatway is a big opportunity for the big and new businesses for commercial and I saw the Stalton roar is one of the busiest road and there is many commercial business over there. So I get the opportunity to get the building without changing any exterior and interior and we can serve the nearby people and community what they needed. That's why.

Okay. This is a little bit like uh maybe 50 years ago when you would have a store that you could walk to as well as those driving by, but it's a nice amenity for the neighborhood in which you're located. Correct. Yes. Thank you. Um what are your proposed hours of operation? Morning 6 to a.m. to 1000 p.m. at the night. Okay. And how many employees will be uh in the store during those hours? Two employees.

So uh is that one employee per shift and then a second managerial person coming in? That's true. Okay. And then the managerial person is mainly there for paperwork. Correct. That's true. All right. So I don't imagine your managers are going to be sitting there for eight hours. They'll do whatever paperwork they have to do and leave. Correct. Correct. So, most of the time it'll be one staffer to handle the crowders. Correct. Yes sir.

Okay. Um I'm sure you receive deliveries. Tell us what are your anticipated deliveries? So basically this is like uh we almost many sub we will get by ourself but there is a small talk will be coming like a freely or something mightly monthly two times or two weekly one time. So let let me make sure I understand that you have a partner you and your partner will buy some of the stuff that's sold in your trousers on a wholesale basis and then sell it at retail. You'll be bringing in by your personal vehicle. Correct. That's true.

All right. And then you do have some vendors who have their normal box trucks and they will be coming by with some of their uh food stuffs. That's true. Okay. The um how long do the deliveries take? Is might be 5 minutes or maximum 10 minutes. They have to just drop the stuff and leave. That's it. Okay. And how long do your customers stay in the store? A max four to 5 minutes. Okay. They're stopping in for the quart of milk or the Yeah, we have just grabbed those stuff. Yeah.

Okay. And um you there is a an external refrigerator on site. Do you plan to keep it? If possible, we can use it for our store. Okay. Um actually that I think that pretty much is what we wanted to ask from you. So Mr. Patel is available to the board for members of the board. Um do you have any questions for this witness? Madam Chair, um Miss Councilwoman Cahill.

Thank you. I'm sorry. I thought I heard an echo. Um, thank you so much uh for um those answers. A quick question just to get back to the box truck delivery. So um the vendors who you anticipate coming to make those deliveries is that for like soda drinks sometimes. Yes. The ftoate drug comes and if they're stored out something like that they can come and drop it. Right. And same for Coca-Cola or Pepsi? Yes.

Okay. So the I say this because I used to work for Coca-Cola. So your delivery drivers I know for sometimes smallcale some of them were required to merchandise the product. You're saying they are not doing that. Your employee one employee will be doing that or two employees. Yes. One I will schedule the delivery when I was there. So I can me and the one employee can help to figure it out all this stuff.

Okay. So the delivery is just a drop off. You sign for the product, they wheel it in. Um and um I'm assuming that they're going to be parking on that side street while that happens then. Or what times uh will your deliveries be? I mean I don't think like the soda people deliver overnight or anything like that. That's during regular business hours. Correct. Sometime if you they give you time. If they say you want to go do in the morning time it's not too much busy timing then yeah we can do in the morning time too.

I think that was all my question is really mostly going to be around like the length of time a box truck might be parked on the side street if there's no room for parking in the lot. Madam chair. Um yes. I have a question. Mr. uh Reverend Kenny, Reverend Kenny, you may ask your question. All right. Thank you, Mr. Patel. In regards to your store, is this a convenience store or like a convenience store or is it a crower store? What type of store is it? It's a Krow's food store. It

is store. Yes. Okay. All right. Because the reason I'm asking that for traffic wise, Selton Road, if if those tracker trails, will they be able to get on that side street? Because that Selton Road is a busy road and making a delivery on Stelton Road is uh at certain hours it's it's not conducive to where your store is and it's not going to be a five minute delivery. That's for sure. Or 10 minutes. Let me be helpful. Is there a product that your order? Let me be helpful. Are there any tractor trailering deliveries?

Oh, I know, Mr. Senator Smith. I I'm I'm aware of of tractor trailers and what they do because I was a manager for a tractor trailer company for many many years, you know, prior for my prior job. And you you don't depend on what he orders on those streets. Those are large. uh some of them go 28 to 45 ft depends on who's uh delivering to him. That's why I'm saying it the width of it on on that street. That's that's the question I asked.

So that let's make sure that we answer it thoroughly. In your experience, you've been doing this for three years at various crowser I assume Krowers or some other convenience store. Are any of those facilities using tractor trailers for delivery? We never have the bigger drop. All right. And on the box trucks, worst case in the world, how many box truck deliveries worst day would you anticipate coming to the store?

So basically we if something like that maximum two times they're coming and that's not too big, they can put it on the back side. So the possibility we have a back parking lot. So at the back we can tell the people that they can come in the morning time and they can drop this truck in the behind so they don't discomfort on the front. Okay.

Well, that's part of it. But uh yes, crowers do have because I lived in the area uh in the north area. They had a crower stores that closed up and they delivered whenever they wanted and they had tractor trailers. I lived in that area. Okay. If that's the question that satisfies, it's okay with me, but I'm just uh making a suggestion. There's a busy car there. Uh any other, Madam Chair? Any other board members have questions of this witness? I do. Okay. Who's who's who said that? Alex Atkins. Oh, Mr. Atkins. I just wonder for the records, Mr. Atkins, go ahead.

Yeah, I have a question about the parking. Uh it says uh I'm reading that parking is going to be in the front. The front is on Stelton. No, no parking in the front. Okay. So, the parking is going to be on the side and they're going to build a sidewalk is that Woods row. Yes, we will build the sidewalk and we will move the parking on the behind on the rear. There's still going to be room for parking with with a sidewalk and buffering. Yes, sir.

And Mr. Atkins, if I may, the um the property is a quarter lot. That's why we identified it as front yard parking because technically although it is their sideyard, it is also considered a front yard. Um I was going to wait, you know, we can talk more about this, I guess, when the engineer comes up, but we still do have to take care of that striping within the rightway and so forth, but that that's more a question that's more of a discussion with your engineer. So, thank you. Any other question? Are you finished, Miss Cochran? Yeah.

Okay. Um, if there are no more questions from the board, I'll open it up to the public. Members of the public, you've heard the testimony of this witness. If you have any questions, you may let us know by waving your hand. Um, if you can do so at this time or unmuting. Okay. No one, Madam Chair. Okay. Thank you. Closed to the public. Um, this is appropriate. I'll call our engineer at this time. Yes. Um, if we're finished with uh this witness, you can call your next witness, Mr. Smith.

Thank you. Uh, I'd ask that Jim Mastinardi, our PE and professional planner, be called and sworn so that he can give testimony. Okay. Call him. Mr. Mastardi, could you state your name, spell your last name for the record, and give us your professional address, please? James Mastinardi. M is in Mary. A S T R O N A R D Y. I'm at 18 Maliburn Drive, Clark, New Jersey. You raise your right hand. This is where the testimony I give before this board will be the whole truth. Yes, I do. You're a witness, Mr. Smith.

Thank you, Mr. Barlo. Mr. Master Minardi, are by whom are you employed and in what capacity? Um, I'm mostly self-employed as a professional engineer and professional planner. Okay. Again, you give the board your qualifications as an engineer and also as a planner. To do you want me to give them? Yes, please. Oh, okay. Well, I I got my professional engineers license and professional planners license in 1989 and I've been continuously um uh validated by the board every year since.

Okay. And have you done planning and zoning applications in various towns in New Jersey? Throughout New Jersey. Okay. Uh give a couple of examples if you don't mind. Um besides I've appeared before Piscataway about five years ago, four years ago and as well as Middle Sex um many towns in in most counties, Union, Essex, Bergen, Hudson, Somerset, uh you know um throughout. Madam Chair, I'd ask that Mr. Master already be admitted. His credentials are acceptable to the board.

Thank you so much. So, um the would you describe the plans that you prepared for this application? Um I titled my plans supplementary site plan because the uh surveyor Ed Tennyson uh prepared a basic site plan. My site plan addresses mostly the parking and uh the improvements, the sidewalk curb, the um there's a conduit proposed uh you know along both Stelton and Woodrow and uh and the drainage as well.

Okay. And did you work with the township with regard to the parking spaces and then and as a result of that did you relocate the parking spaces behind the building? Yes, the existing parking spaces whether illegal or not um run right across the uh property line the with wood row. Um there's no currently no sidewalk there and the five spaces there are actually a little more than halfway over the property line into the Woodro Avenue right away. um we're taking away all those five spaces and placing them into the rear so that um you know because not only are those spaces possibly illegal and over the property line but they actually are in the sight triangle which um between you know Woodro and Stelton and so it's a much better uh you know layout and much safer layout. Yeah.

Great. But and you did this working with the town professionals, correct? Correct.

Right. And just for the record, and I'll get Mr. Patel back on if you want to hear. We did not do any of the parking when they bought the property. Uh some additional parking had been added since the 2011 approval, uh wherein they didn't go before your boards. So, but it's not a shame on Mr. Patel. He he didn't do it. He didn't do anything wrong. Prior property owner or someone took it upon themselves to add these parking spaces in the township right away. So, one good thing about the application among other good things is that you're correcting a problem that was not created by them. So were we able to provide again to this property the 10 spaces that had been previously approved again by variance allowing a one space shortage.

So we're providing uh 10 spaces um if we include the five spaces that there were previously five spaces, right? And the ones that were right over the into the right of way were were actually delineated with you know uh delineated spaces. Uh again we're getting rid of all those and we have 10 spaces where I believe 11 is required. However and that was the variance received by the way in 2011 just FYI.

Right. Uh there is the possibility of course to park along the Woodro Avenue curb uh because there at least two spaces available there. It's a 50-ft rightway. Um uh you know someone would have to come into the parking area and back out regardless of whether they're parking in that parking area to the rear um and then come out Wood Road towards Stelton anyway. And should they, you know, first enter the parking area and see there are no spaces, they can back out and possibly park right along the curb of Woodro. Uh it

so so Jim is your point that in many ways this application is superior to the Forever Flowers application because in effect by removing the parking on the side on the Woodro side you've now allowed for some on street parking that wasn't possible before. Correct. And we're uh constructing full height curb there where where now there's a fully depressed curb. So um yes that creates two more spaces. So in in actuality if you include those spaces then we have satisfied the technically you know the technical requirement of the ordinance.

Got it. So um my understanding is that on the plan there is a concrete pad that's going to be used as a dumpster enclosure. Um and you have a specific comment to make about the thickness of the concrete of the path. Is that true?

And what is um there was a comment from the uh engineering division that the dumpster pad should be 8 in. That's absolutely not necessary. There's no truck that will be coming up onto that pad. 4 in would be enough. 4 inch thick pad will be more than enough for a small dumpster or um however the garbage is uh contained. So you're you're recommending that to the board. Yes. Okay. Um tell us about the existing external refrigerator. Um I I I can't really speak to that. I

Well, you heard the our client's testimony that they plan to use it in their business, correct? Yes. And that doesn't create any site plan problems for us. Oh, no, no, no. There's a fence right along there. Okay. Um, based on the size of the lot and the existing asphalt, are any additional storm water measures needed?

That remains to be seen. There were no comments from the engineering division regarding the storm order. And I I I guess uh Joe is is um putting it off uh to the future to be to to for any comments. I don't propose any um there's an increase of approximately 1,00 close to 1,200 square ft of impervious area in the back. If the engineering looks at and says, "Well, we'd like a seepage pit in there." I can design a seepage pit. As of right now, I'm just showing the water entering from the from the parking area and back to Woodro Avenue and then would travel uh towards Stelton along the curb.

Uh so does does the existing storm water system work? Uh yes, there's no there have been no complaints. uh the the storm water travels along the curb to the nearest uh catch basins and right now as far as I know there are no complaints. Uh but again that's for the engineering division to make to comment on. Um it wasn't commented on in the engineering review letter and I thought it would be but uh that's still an outstanding item actually. M

Mr. Smith perhaps as a potential condition of approval. Would the applicant agree to work with Mr. Herrera um with regards to any storm water issues that he identifies? Mr. Patel, does that work for you? Okay. So, the answer is yes. Okay. Yes.

All right. um the conduits that the township is requiring on the property frontage. Uh my understanding is that you're we're also being asked by the town to install curbs and sidewalks where required and uh my understanding as well is that the town wants these noted on the plan. Do we have any objection to that? No. All right. And Mr. Master Nardi, you have no problem revising the plans accordingly. No problem.

All right. And then f uh finally, uh there's no proposal for additional lighting. You already have lighting on the on the property um to in your professional opinion, Mr. Master Nardy, is that lighting sufficient for this project? I believe so. And how about landscaping? What are we doing in the area landscaping?

Um, we're proposing seven arborites techni American arborvite at the back beyond the the cur curb at the back of the lot to the rear to buffer and along with the fence to buffer uh the adjacent uh resident residents. All right. Uh that that concludes his testimony concerning engineering. I'm going to flip them into the planner mode. Uh if that's okay, Madam Chair. Yes, that's fine. I don't think we need to have a separate questioning um session.

Okay. So, if you would uh putting on your hat as a licensed professional planner, uh you you've heard me list 14 existing bulk variances. What do you have to say about it as a licensed professional planner that would uh give the board the justification necessary to say yes to those bulk variances?

Uh again, as you mentioned, the it's it's been the building has been there for a long time. Uh none of the bulk variances are extreme unless you want to consider the lot width uh to be uh significantly less than required. But the building itself is in scale with the property itself. So I see absolutely no problems with any of those bulk variances. Anything else you want to add as a as a planner? Excuse me. Anything else you want to add as a planner?

Well, um, as far as the use, um, as it's been mentioned before, this is a commercial carter. There's many different businesses up and down Stelton between Older Brunswick Road and Lake View and including um dry cleaners, pizzeria, print shop, uh professional offices, a restaurant, two banks. Uh so uh I think the use is is interesting. There is one uh a quick check about three blocks away across from the library, but um I I think it can fill a void. U so I don't know. I I I think the use is fine and uh I've u I think it it can fit in and we're only improving the property. Again, as an engineer, I'm saying we're improving the property, putting a sidewalk and curb in. um you know uh we're uh in making the parking much better much much better situation and uh you know right now the building is not being used and I think uh the use as a crowers could be a good use for the for the uh the general area.

Madam Chairman, uh uh Mr. Masterardi is uh is complete in his testimony. He's available either as an engineer or a professional planner to your board for questions. Mr. Smith, just real quick, could could Mr. Mastardi discuss the positive and negative criteria in terms of the grants of the variances even though they're pre-existing just to get some planning testimony on as to the criteria? Sure, Mr. Master.

Well, I mean, I've mentioned the positive criteria. um as through not not labeling but uh positive criteria is that it fills a a possible void in the area pro providing uh a small need um you know for for small milk and ve whatever they're selling in crowsers as small items packaged items and and uh cold items, etc. Um although I understand that it won't have any um you know food preparation in the building. So it's a it's a quick and in and out uh easily, you know, in and out with the parking down come down wood row boom in. you're not uh as far as the negative criteria, it's not uh interfering with the neighborhood, the residences in the neighborhood going back down Wood Row because they come in, they go along, they go what, 150 ft, come in, go out, and they're back to Stelton Avenue. Um

let let me put it let me put it this way. Um if uh the v the variances which we are requesting which are all existing conditions can they be granted without causing substantial detriment to the public good and when if variances are granted they will not substantially impair the intent and p and purpose of the municipal zoning plan uh ordinances. Is that a fair statement? Correct. Yes.

Okay. And uh on the other side of the relief, um we have provided proofs that satisfy the hardship criteria. Doing on this property that's been there for ever. uh doing more than is already proposed only creates additional variances uh and makes the property less than less conforming than it currently is. So the purpose of the municipal land you saw are promoted by the requested variances for existing conditions and then the improvement of the parking uh so that there's additional possible parking and we're getting off the township's rightway. Is that not true?

True. Okay. Uh Mr. Barlo, does that work for you? Yep. Thank you. Thank you. Uh so Mr. Masterardi is available for Thank you. Uh first of all, Mr. Mastinardi, um I there would have been testimony that there was a refrigerator outside. Um is there a lock on that refrigerator? I'm just concerned about the safety of the children in the area. Uh I think I referred to the the owner. I I I can't speak to that. Let me get you the Mr. Patel, would you please answer that question. Is a refrigerator accessible from the outside or only from the inside?

Only for the inside. Everything is covered by the franches. No. Um, Madame Chair, if I if I may, I I think that this refrigerator basically acts as attached to the building. That's why that they they have a sideyard setback measured from this. It's almost like a room. It's not like a refrigerator sitting outside. Okay. Because the testimony keeps calling it a refrigerator. Others confirm that. Okay. Just just I'm I'm looking out for safety of anyone on the outside. My my older brother almost died getting locked in the refrigerator in 1953. I hear you. He got rescued by the superintendent of his building. Okay.

Story. All right. So, emphasizing it one more time. There is no access from the outside to the refrigerated room. Correct. That's true. inside only and under the supervision of your employees. Correct. Yes, sir. Thank you. Members of the board, do you have any questions of Mr. Mastinardi? Madam Chair, if I may. Um I don't know. This is D. This is Miss Corkran. Corkran for the record.

Sorry about that. Um what do you intend to do with the area that was formerly um where the parking was? I note on the I see on the plan is still designated as asphalt. Um, do you intend for it to remain as asphold? Are you going to seed it? Is it going to become a grass area? What What are we doing with that? Uh, as far as I know, it's just going to remain the way it is, which is asphalt.

I guess then I'll I'll go back to the applicant. I mean, would you be willing to work with the township's landscape architect to sort of dress that up a bit? I mean, if you don't have a need for the asphalt, it should just be restored perhaps back to a grass area, you know, just make it a little bit more appealing. Okay, yes. Okay.

Um, the other question, the other question I had, um, and I apologize, I'm not sure if you address this or not, but the, um, the dumpster area, will that be enclosed with a fence? I mean, that's what the recommendation of staff is. Will it have an enclosure? We just don't want to see a dumpster sitting out there. So, I guess I should say the the staff is requiring a dumpster enclosure. Do you agree to that? Okay.

Okay. And finally, the um the striping for the handicap space um it extends beyond the property line. In fact, it looks like it's going right up to the sidewalk. Um you know, how are you how are we going to address that? Um, well, can I pose? Is would that be a problem? Because all you wind up with is one one and a half ft at the most of a strip. Uh, that's, you know, what what else would it be? And in order to fit five spaces, we're coming very close to the fence on the south side.

Yeah. So, it's just a matter of, you know, and uh so, so it's just an aisle, five foot aisle that's allowed to come up to the sidewalk. It's I don't think there's no vehicle parked in that area, obviously.

So, I don't think it's a problem. Uh but, um I mean, you know, it I I mean, Don, I'm almost thinking, can they rearrange that? It's an ADA accessible spot. Why does it have to bleed over over on a sidewalk? That's a public art right away. They've done they've done um Yman's work in eliminating most of the stuff that was approved in 88 except it's a little striping. I mean, if they go that little extra yard, you're eliminating an extra variance with you taking up space that really is owned by by the the township. I mean, that that's a technicality. That's Well, technicalities count. They count. Yeah, it's a technicality, but

I don't understand. Mr. Riner stent uh exactly what your suggestion is. Would you? Well, I mean is there is there a way we can just I mean move that ADA space where the striping that was required doesn't go tight enough as it is. Can you make another space compact and to get that striping back into this property line because you guys have done great work but this is this is the final five yards here. Let's just if you if if you want to reduce the spaces to eight and a half uh do that I mean but do we really need to I don't know

well so this goes into the big picture there are some new variances or waiverss council in older respect because you've moved the parking closer to the closer to the residences but you're putting the arborites in there so I think you know to I'm not testifying for you but it seemed this is a trade-off that the board has to realize that this would these spots over go in the rightway was approved in 88. You're eliminating them, which is a good thing, you know. So, so there's some extra variances, but you know, this is the trade-off here that um the public rightway is basically being uh cleared of this um over overhang and and making a more rational parking arrangement except for this striping.

Mr. Rhinerson. So, what what are you suggesting you because you're talking about that black top area that's going to be seated over. Are you saying that we sacrifice some of that? Like I I'm trying to visualize this. We don't I don't really have a picture to look at. Yeah. if if they you know I'll ask the engineer if he could put something up but what they've done is that that like five spots were along the woodrow frontage and it it there was a like a three or four foot overhang into the rightway. This was approved

as a variance back in ' 88 and and and a council you know since you were on that you know this. So what they've done basically and I think working with the township is said hey let's fix this they've shifted all 10 spaces to you know almost um in one area which creates a couple of variances but eliminates this this whole um overhang on wood makes it more rational but they have this one little sliver of the ADA spot that they have to have striping on the side for you know that that's regulated that actually overhangs onto the sidewalk which is not their property. It's it's the township's property. So all I was suggesting is can you put that ADA spot in a different place and and just get rid of it.

So it's not even just about the striping. It's actually that the vehicle is going to be parked in that spot. Reverse they've eliminated that. They've eliminated the vehicle. What they've done is the ADA spot is parallel to Woodro. Okay. But the striping that has to be next to it, you know, for for the access, that's the part that overhangs. It's just the striping overhangs the sidewalk and they are installing sidewalks and conduit too. So foot and four inches. If you eliminate the striping, which identifies that spot, it results in one less parking space. Yes or no? I'm not saying that. Could you could you move the ADA spot in another space? That's all. No. And I think that's what D was getting.

Well, I think Mr. Master Hardy is saying you can't, but do do you I mean, you've looked at it carefully. I've tried different configurations. It doesn't work. It's a foot and four inches we're talking about. And what do you want to do? Uh make the 9 foot spaces smaller. We could take the four 9 foot spaces and gain two feet if you want to do that. But is it really necessary? That's all I'm asking. We're saying it's necessary. I think you're hearing from the planner, some of the board members, staff. It is necessary. Okay. So, if you made them eight and a half feet wide, if you made them the four other ones 8 and 1/2 ft wide, you'd gain two feet. Exactly. And that's all we need.

So then you would just need Don, would they need a variance for the four parking spaces being 8 12 by 18 instead of 9 by 18? I mean, can we just make them compact? I mean it's a you can call them compact and not call it a variance but that's the tradeoff but a sign of the four the four parking spaces will be 8 and 12 by 18 and that will allow the striping to come off the rightway. Is that acceptable Mr. Smith? Does it solve our ADA problem? Yes. Yes. Yes. You'd still have five feet of ADA. It just wouldn't be in the right away.

Okay. And you eliminated variance which is which is a great thing. Mr. Masterard, you understand the revision the eight the 8 and 1/2 ft wide spaces. Uh we'll make them 8 and 1/2 deep. 8 and 1/2 ft. Right. Why not? Okay. All right. So, Mr. Patel, that works for you. What happened to Mr. Master Nar? We lost him. Um, he disappeared. Yeah, right. He vanished. I think he's figuring out. I I have to put an object down on the uh the camera so we can see.

Okay. All right. Don, did you have any other comments?

Okay. And Mr. Um, I'd like to point out, um, uh, notice I say loading area just beyond the, uh, handicap space toward the building. I have a loading area there. Um, I'm thinking of maybe if a truck wants to park along the curb and unload, maybe create a 5-ft depressed curb with a curb along Woodrow Avenue so they can roll something in and go directly into the the door. I see. See where I have an E there? That's an entrance for loading. Um, they can go directly from the truck through a 5ft wide depressed curb in Woodro directly into that door that's at the going to defend that.

Um, so and you know, talking we talking about loading before. Um, so it can either pull into the parking area and go through the um the striped area for the handicapped and into the loading area and then into the back of the building or park along Woodrow Avenue. Go through a maybe I could propose a 5ft wide depressed curve. go right up there as well through the loading area which I designated on the plan into the uh door at the rear where I have an E. Do you see that?

I don't know if the if the town understands that. Well, I think we understand that we just it just came out of the blue because there wasn't a question about it. So, right. I just um I just thought I'd mention that and that striped area would be used because um I have wheel stops along all the parking there including the handicapped. I don't So where where would that you know truck that offloads where would that uh that where would they roll that in? It would be they would be using that striped area.

I don't think Okay, Mr. me. I don't think the town is asking for a depression in the curb that you're putting in on Woodro. It's not something that the town is looking for you to do, right? The town is asking for 8 and 1/2 ft wide spaces. I know I changed the subject a little bit. Yeah, I agree. 8 and 12. That's not a great idea. If I can make that plain. All right. The town is saying to us that 8 and 1/2 ft wide spaces and a revision to the striping uh solves this issue. Am I missing it or is that what you're saying?

That's what I'm saying. You're addressing it to me, Mr. Smith. And I think Miss Corkerin nodded in agreeance to that. And that gets rid of the striping in the right away. Right. Mr. Patel, you're good with this? Yes. Okay. Okay. That was the correct answer. So, we're going to need to revise before you need to get a revised plan to the town so they can see that it's been done. Uh the um it's impractical, but we'll do it. Can you Mr. Smith? Any other witnesses or testimony or No, we were in the middle of questioning I think. Um yeah,

finishing up questioning for the board. We have to open it to the public. Members of the public, if you have any uh questions of the final witness who was um Mr. Mastraardi, um would you please indicate by raising your hand? Miss Buckley, do you see any um anyone who wants to ask a question?

No, Madam Chair. Okay. Closed to the public. Uh members of the board, um if you have no further questions, would someone like to um propose a motion to accept this application if that is your desire? Okay. So, let me be a little outrageous. Don't be outrageous. Just just say what you have to say, Mr. Smith.

Okay. the the gentlemen who are um Ragavir LLC have a serious need to get this business up and running. Um and just FYI background, what created the the nightmare that this has been for them is not anything they did or anything that we did. We did not represent them on the uh real estate purchase and whoever represent them on the real estate purchase didn't do in my opinion the appropriate due diligence. They knew nothing about these parking spaces being illegal and Dawn did the right thing when she said you're on our property. What's going on here? That created an engineering nightmare and a timing nightmare. Um Mr. to tell you you closed on this property how long ago?

It's almost nine months. All right. He's and we're pleading for mercy here. The mercy is that he needs to to try and get this business underway. Uh I think Mr. N Master Nardy can get a quick plan back to the town. Uh but if there's any way in in um in your deliberations and I don't know what do you have an do you have a um anything beside the this the regular meeting? Do you guys have a second meeting or a TRC meeting or site plan meeting or something? We don't have a meet we don't have a meeting where action could be taken

until May. Uh yes. That's the next meeting is in May. May 13th. Yeah. Well, wouldn't this be a condition of approval? I'm confused. It would be a It would be a condition approval and certainly your engineer can start working on all of these revisions. Not even a question. I'm trying to find a way to get them able to get a building permit, get the job done, and get the store open. Does anybody have a constructive suggestion other than waiting until a memorialized resolution on May the third? May the 13th, did you say?

Yeah, May 13th. I I don't have a a constructive one other than Mr. masterard can certainly prepare the plans in keeping with everything that was agreed to so that once the resolution is adopted, boom, you can go right in because I mean the the the building department on everyone's going to need to see plans that are consistent with the resolution that I haven't put together yet, right?

And certainly our clients, the bonds and all of that until we have the the approved set of plans. But again, if you know, certainly feel free to reach out to us while you're making these plan revisions. We can sit down and meet with you to go over some of those things we discussed, you know, for landscaping and things of that nature. But, um, I certainly appreciate the ask, Mr. Smith, but I don't see a a way of

All right. Well, let me try another. How about how about if we in first of all nothing happens until there are plans that are acceptable to the planning department. But at that point perhaps they could let Mr. Hoff know that the plans are in a correct form and that they can put in their building permits so they can be reviewed rather than wait till the night that there's actually a memorialized resolution. I'm trying to f save them a couple of weeks because they're getting murdered on the

Mr. Smith. I certainly understand and I and I feel for your clients, but I you're putting the staff in a in a situation where they're saying plans are compliant with a resolution that doesn't exist when it comes to resolution compliance. I told you it was outrageous. I know. Look, it was worth the price of admission and you know for but I but I don't think that I think they're going to have to, you know, follow the normal course. Follow normal course. Got it. Well, but I I understand the reason for the ask and they're in very capable hands with you and your office.

Kind of you to say. So, in any case, we tried our best. Um, we would appreciate if you'd go forward. Okay. Um, I'm waiting for a motion from the board. Hello. Sorry, internet. No, I tried to do it, but I got kicked out of the meeting and then my audio and my video is not working again. So, sorry. You're back in now. Come on.

I am back in. Um my video is not working, but I'll make a motion based upon um the client um you know an approval of the application providing that the client abides by all of um the suggestions that the building department has that um you know Miss Corkran has laid out of course in terms of um some landscaping in that formally blacktop area which would have fronted Stelton code, the um adjustment of the um handicap parking striping, the adjustment of the the other parking spots to meet that. Um and really any of the other stipulations that the that the professionals and that the client have come to agree to at tonight's meeting. I'll make that offer. Councilwoman Cahill.

Thank you. Do I have a second? I'll second it. Second it. Who is that? Who? I Mike Foster. Second it. Mike Foster seconded. Roll call, please. Mayor Waller, yes. Councilwoman Cahill, yes. Miss Corkran, yes. Reverend Kenny, yes. Mr. Atkins, yes. Mr. Foster, yes. Mr. Ahmed, yes. Mr. Edaria, yes. And Madame Chair, yes. Thank you very much. You have an approval and a resolation. a resolution soon to follow. Mr. Smith, thank you very much for your courtesies.

Our next meeting will be May 13th. Workshop meeting is April 22nd. Correct. May 13th. Thank you everyone. Have a good rest of the evening. Motion to adjurnn. Motion to adjurnn. Motion. All in favor? I. I. Thank you. Have a wonderful evening. Safe drive.