Planning Board - Regular Meeting

Good evening. Welcome to September. to the United States of America and to the republic for it stands nationy and justice for all. No, they do.

Okay. Works. Oh, it does. Okay. Can we have a quick roll call? Mayor Richard Huber here. Committee man Alex Kaiser present. Mr. David Barnett, I'm here. Mr. Aaron Lawer. Mr. Richard Cedarquist here. Julie Tomo here, Mr. Scott Wishna here, vice chair Sharon Kessle here, and chairman Jeff Tiger. Yes.

Okay, perfect. Welcome everyone. Uh, a couple things. First, a resolution of uh that we have in the agenda 7-2025S Scuba Joe 9 South Springfield Avenue block 140 block 9. We will carry that. We still have to do some work on that till October 16th in this very room for reading and passage. the businesses able to open and do and operate businesses is no detriment. So, uh, anyone here for that? It's October 16th at 6:30 in this room. We have, um, first thing on the agenda is congregation of Israel. Do that first. Uh, I understand we received this board received an letter regarding the synagogue congregation Israel. uh they received their town their county planning board approval a little late. So they're just asking for a 90-day extension till December 7, 2025 for them to record the deeds. I don't know if you need to say anything um board have any concern

to minor granting extension. Let me just put my name on the record. Clara Herelic. Uh as as the chairman said, I'm here on behalf of Congregation Israel Springfield. I do think that the letter was self-explanatory and that we've met the requirements that are set forth under the municipal land use law 405D-47 regarding the recordings. Yep. So, we will I don't see any board members have any any concern? Any members of the public here wish to speak on this? Seeing none, I'm going to close it. So, we'll just grant the board will uh we can get a motion to grant uh a 90-day extension till December 7, 2025. council is actually reviewing it. It'll probably be signed by the end of this week anyway.

Actually, I was going to add we need to get them recorded anyway before October 1st for the tax roles. So, we're going to be moving as quickly as possible, but the 90 days was pursuant to the way it's calculated in the statute. Motion second. We have a roll call. Mayor Huber, yes. Vice Chair Kessle, yes. Kaiser, yes. Mr. David Barnett, yes. Mr. Rich Cedarquist, yes. Mr. Mayo, yes. Mr. Commissioner Tiger. Yes. Thank you to the board. I already gave copies of the proposed deeds to um

Thank you. Thank you. Okay. Um we have an ordinance from the township committee that was sent to us. It was ordinance 2025-17 indoor sports facilities. I think this is just amending the industrial zone to allow indoor sports facilities. Uh Mr. Mr. Mr. Do you want to kind of give the board a little bit short brief overview and then I guess the board would discuss if it's consistent with very quickly the ordinance would allow industrial zones.

Are those like the behind like um land and behind Brown Avenue that type of area? Existing permitted us include buildings professional medical offices. Other conditional uses that are existing today are public utilities, automobile service stations, cell towers, billboards. Just to give you a flavored uses, this Amendment would additional use indoor sports facilities buildings retrofitted allow indoor sports facilities included ordinance indoor facility individual or organized sports including but not limited to indoor Baseball, wrestling, tennis, volleyball, other conditions. Item number one, that one. Facility shall be subject to site plan approval by review and approval by the planning board. It goes on to list additional conditions to ensure

the idea is to possibly facilitate reuse. Great. This was something that was done in mountain side where they don't have this. We want to try to encourage soccer facilities, baseball facility, whatever classes, whatever they can do indoors. This way we have but it still would come for planning board approval. The idea is just to make it out there that this it's a conforming use conditional use. Mr. disco anything there? Nope.

Uh Milburn's done the same thing. So it it's really what we're seeing as an adaptive mountain side and they still would have to require all the parking the same normal things or apply for variance and see what the difference Mr.

Wisher It's got most of them as you know would be requirements. All this will be Okay. So, seeing none, any members of the public that wish to comment on this? for just adding into the industrial zone the ability to have a conditional use indoor sports seeing back to the board. So the board would just find that board finds this consistent comm

Mr. Barnett. Yes. Mayor Huber. Yes. Committeeman Kaiser, yes. Mr. Cedarquist, yes. Miss Mayo, yes. Uh, Mr. Wishna, yes. Vice Chair Kessle, and Chairman Tiger, yes. Perfect. So, you'll write that letter.

Awesome. Okay. Two housekeeping items before we go to the application. So, just some housekeeping items. First, our next two meetings conflict with Columbus Day, Veterans Day, and so forth. So, the calendar was already updated where our next October 16 which is on a Thursday. So I just want to point that out to the board and then our meeting afterwards is November 13th which is right in the middle of league municipalities election all that other stuff. I don't It's up to you guys. I'm good.

Everyone okay with doing a virtual or Great? Oh, he did endly. Got you. Okay, he did that. Matt was me. Uh, anyone posted? No, I I virtual is good. We will make our uh the 11th. Well, there you go. Is it on? Yeah, we will make our November 13th meeting virtual. It'll either be 6 or 6:30. Uh dependent on our um our staff that can help pull that off. Poo and Perfect. Um also for the record, Aaron Laughler is uh out. Laughler is out today.

Ler always messed that up. is out today um and has an excuse absence. So Jen, if you can note that for the record.

Okay. Uh our application tonight is 246 Mountain Avenue Investors LLC. This is the 2025s 242-262 Mountain Avenue block 1305 block 4849. This is final site plan minor subdivision lot. So Mr. uh this is uh the shopping center where the bagel store used to be They're asking to part of the parking lot is part of the the house. The issue is to to move that lot line to that the parking lot is part of the business area and then residential the house uh is its own property. Fair enough.

That's fair. Okay, great. And um I think councelor you can introduce it. I think you had an opportunity to review Mr. Disco's letter. Yes, we have both the harbor letter and Mr. Is this letter and we're prep prepared to uh review all of those and address any comments and

Sure. I think of course Jen for getting them to us well in advance of the hearing. So good evening Steven Hail representing the applicant 246 Mountain Investors LLC. Uh and uh Mr. Chairman you're correct. Essentially u my client Bruce Jeffrey and you probably Jeffrey Realy Bruce is well known to the area. He actually bought the property, the strip center across the street from this property located at 223 Mountain Avenue and renovated that. And uh he also has properties over on Milbour Avenue. He actually took and renovated. They're partially in Milbourne, partially in Springfield, but the old uh King Supermarket. He acquired that and renovated that building. And also the Jeffrey Realy building is over there. So he's got a presence here in Springfield. And yes, it's what we're looking to do is it and we searched the records. I don't know why and we did title search why the lot line for the for the strip center is essentially through the middle of the parking lot. But essentially what we're looking to do is just a lot line adjustment to move the lot line to have the residential house be on a lot that basically follows the residential use there and then have the the remainder be associated with the commercial space. Mr. Jeffrey who's here if we need him to testify. He's not a residential type landlord. He's he does commercial retail and his intention is after this subdivision is perfected to sell the house and then he he's looking to uh do do the same type of improvements down the road to this building like he did across the street. Uh

second question it's also the GC. Yeah. So it testimony on this, but wouldn't it make sense for that to just exile itself away from the GC so it doesn't have a small property and go zoned or moved over to residential in some sort of Yeah, I think we both anticipated that in our comments that that is probably the likely future of that

uh as you take away this partial parking lot. It used to be a flower shop if you if you're old enough like I am. Uh but now it's going to remain a house and um I think there was a Jen said there was a use variance to make it become a house in 2012. So I think that's the logical next progression. Don't think you're going to see that home become. Yeah. I just want to make sure it doesn't become a business because if it does become a business and use that then there's parking and let's talk about the right

and again there's no changes proposed uh with the tendencies at this time just again lot line adjustment to have it uh you know comply with the the uses that are there um Mr. Disco did make a suggestion, Mike, we have an exhibit uh to slightly move the res the line uh to provide a little more property as to the in the area of the residential home and our uh site engineer will touch on that and also the uh resident I'm sorry the ADA space needs to be upgraded and we got those uh comments from both Mr. Resta and Mr. Disco and again no problem in having that ADA space made compliant. So that's so the actual extent of any improvements on site are frankly just the ADA parking space. Again, no changes in operation or otherwise. So

can we hear from your engineer first? Sure. That's what I plan to do. So John, we have you come up and be sworn. I'm sorry. Stand. All right. Sorry. Could you raise your right hand? Sure. Uh, do you swear affirm that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? I do. Uh, could you please state your name for the record? Sure. Her legal name is Giovani. Gio Va Ni. Last name Manilio. M A N I L I O. Thank you. And counselor, would you like to?

Yes. Mr. Manilio, I believe you've been before this board. the board the benefit of your work, educational experience, licenses you hold, and whether you've been accepted as a professional engineer before the boards or courts. Sure. So, actually, I don't think I've testified in front of this board in the past. Uh, but I do have a bachelor of science and civil engineering from Syracuse University. I've been, uh, licensed in the state for the past 16 years. uh licensed in good standing, testified in front of numerous boards throughout the state and throughout the county, including uh Union, Westfield, Berkeley Heights, uh Planefield, Hillside, uh to name a few in the county. Any members of the board have any concerns? License are up to date. It is. Okay, good. Great. Okay.

Yep. So, I don't know where the board likes me to put up exhibits right here, or do we do have some public if you want to put it to the corner? Yeah. So, the board accepts you as a Yeah. And you know what? Why don't we have you? Do you have two of each or only one? Uh, just one. Okay. Maybe for part of it you'll put it in front of us and then part of it put it outside. Sure. You want me to start in front of them?

Yeah. Only because there's public so I want to make sure they have an opportunity. with my eyes set. So, so I have two exhibits tonight. Uh the first one is entitled 242 262 Mountain Avenue exhibit with today's date. It's just an aerial of the general vicinity uh showing the zoning overlaid and I do have some um of the properties highlighted as well. not previously submitted.

That is All right. So, as mentioned earlier, the propertyy's uh known as 242 262 Mountain Avenue, uh which is block 1305, lots 48 and 49. Lot 48 is the one that's further to the north and 49 is the uh residential property that was in discussion earlier. Uh both those properties are located NC zone. Um, so this pink line depicts the uh zoning that represents that area. So as you can see the there's a lot adjacent to us, lot 47 that's also in the NC zone and then it's these two properties on this side of Mountain Avenue that are in the NC zone. Uh we do have frontages both on Mountain A and Henshaw. And as everybody knows, the intersection with South Springfield and Oakland as well is where this is located. Uh so lot 48 consists of that one-story um uh strip mall consists of uh six tenants on there. Um and then lot 49 consists of the single family residential which used to be a florist uh back in the day. And I'm actually very familiar with this site. U my uncle used to have a butcher shop there back in the early 90s. So I've been on that site many of times. I know the parking um and as far as I know since the 90s the parking has always been like that. Um I did go through some historic aerials as well. I don't know exactly when the uh building was built or when the site was developed but um looking at historic aerials between 1954 uh the property itself was vacant along with the uh subdivision behind it and then um in 1966 the historic aerial shows that both the uh subdivision and that development was built. So somewhere in the late 50s to early 60s is when this was built. So a good 60 years this property has been in existence. Um there is a a uh common parking lot as

mentioned earlier that is in between the two properties. Um this you can see the yellow line that where the subdivision or the current a lot line is. It's pretty much right down the middle of the um southern driveway. Um so in the rear of the building there is currently five parking spaces and in the parking lot between uh lots 48 and 49 there are additional 36 parking spaces. Um, as mentioned earlier, uh, there are, um, three parking spaces that are are partially within the rightway and then the ADA parking spaces are not compliant with current ADA standards. Um, there are, uh, several pre-existing non-conformities for both lots. Uh, for lot 48, um, the building itself does not comply with the front yard setback on Mountain Avenue. Uh, 15 ft is required, uh, where the current setback is 12.3 ft. Uh the front yard on Henshaw again 15 feet is required where 10.2 feet is currently present. Uh lot coverage for the site uh 72% is permitted uh where the lot coverage currently is 98.3%. And then for lot 49 um there's two pre-existing nonconformities for lot depth of 100 ft is existing and 120 ft is required. And for the sideyard setback along um the property with um lot 50, there's a sideyard setback of um 3.6 ft where 12 ft is required. And then and then generally there's a couple other uh deviations. Uh one being parking. Uh so given the use on the strip mall, uh 47 parking spaces are required uh where we we have 41 currently on the site. And then there's another requirement within the um NC zone uh where any principal building must be 50 feet from a residential zone or residential property line where we currently have lot 49 is 3.6 ft from a residential uh property line or residential zone. And the um strip mall

building is 37.9 ft uh from the um property line to the west. I'm going to These are all pre-existing. Pre-existing. Correct. Uh which none of them are being uh well one of them the parking will be exasperated once we uh uh fix the ADA but everything else will be um either reduced or or kept the same. Uh next exhibit I have here um is entitled 242 262 Mountain Avenue uh entitled minor subdivision lot line adjustment exhibit number two uh A2. Correct. Was prepared by your office.

Was prepared by our office. It looks very similar. So it it includes the two changes that were discussed earlier. Uh one of them is that um given the comments that were received from uh both the board planner and the board engineer uh there was discussions about that there is some uh additional land that possibly could be given to the residential zone. Uh so the way that we laid out the subdivision is we tried to keep the um new uh lot line uh parallel with the side lot line which is typically done and we keep the numbers even. So we had the front line at 65 ft. um given that it is undersized that lot that we are proposing. Uh we were able to shift it or adjust the angle of that subdivision line. So that's what this depicts. Um and what happens is we actually move the lot line I think three inches in the front and in the rear it it moved over 4 and 1/2 ft which results in another 250 square ft that we can give to that residential lot.

What's the lot area? Sure. Yeah. U through that.

Sure. So lot 48.01 901 which is the the new uh lot for the commercial uh property will be 26,877.93 square ft or 617 acres. Um again we will maintain the existing front yard non-conformities both on Henshaw and mountain and the lot coverage just because we were given getting more uh property would reduce from 98.3% to 97.7%. Uh, additionally, as mentioned, we can restripe uh, these parking spaces, three, these three parking spaces right here closest to the building. Uh, keep it within the property line, and that'll result in the loss of one parking space in order to make this compliant with the current ADA standards. So, those spaces will be 8 foot, 8 foot, and 8 foot um, access out in between.

So, you're going down to 40 spots. 40 spaces would be the new uh, yes.

Okay. And then for lot 49.01, 101 which is the new residential lot. Um that lot area would go to 6,833.7 ft uh square ft which is equivalent to 0.157 acres. Uh required in the zone is 10,000 square ft. Uh do want to note that the um zone that's right adjacent to us and I'll just go back to A1. Um so the zone that's adjacent to us surrounds us to the south and to the west is the S60 zone uh which requires 7,500 square ft. Um, and what I show here in this exhibit as well is all the properties highlighted in orange are actually uh smaller than what's being proposed as part of this uh subdivision. Um, so these lots range from um 5,50 ft to 5,550 ft. So even the lot um to the south of us is is undersized for the S60 zone and smaller than what we're proposing. Um, again, uh, we're maintaining the existing lot depth and the sideyard non-conformities. Again, that's on the south side. That's not being affected by the new lot line. We are complying with the sideyard setback with the new lot line. And again, the way we set this lot line now is we offset it 2 feet from the parking lot just to give some room there for maintenance and for snow plowing purposes.

A lot coverage now on the new residential. Uh, they have room like if they want to put a pool or is there a pool there now? A deck. I'm trying to avoid there is a wood deck in the back right now. That's good. Um, lot coverage is going to be 45% with the new lot area and they're allowed 72% in the zone. I don't have the S60 lot coverage off the top of my head. 36 versus uh So they're over

45. Yeah, they're over. So anything they do is going to trigger zoning board. I mean, like he I guess showed there's a lot of non-conformities in that area anyway, but how do we Mike and Mike the attorney, how do we make sure that whoever's buying this is aware that they could be before the zoning board if they want to put a deck, they want to put a steps in, they want to put anything in, they're going to be before the zoning board. Any changes to that residence right away? I mean, what can we put in the deed? What? Yeah. Well, I mean, but then this house sells. They disclose it to this person. The next person takes it. I mean, it's fine. We were just trying to make buyer beware. I mean, the house is for sale. I saw, which is great. Find a buyer for it, but I want to make sure that the zoning board, you know, someone doesn't come and say, "Oh, I need to do this. I need to do this." The zoning board finds it difficult potentially to approve something they want to do.

I mean, the lock coverage permitted in the NC zone, and I apologize. 72%. So they're well within the GC zone right now. Yeah. But the contemplated S60 zone is 36%. It's a headache. It's got a pretty large driveway coming in. That's probably what why it's so large back in the day. Probably a lot of employee parking in the driveway and the the visitors came in. What do you think? Should we be looking to put something in the D or some sort of mechanism. It's always good to alert them so that they know the best.

I was going to say I don't want to interject, but if it it does get changed to the S60 zone, doesn't the property owner get noticed prior to that change as well? Right now, they're the owner. No, no, but I'm saying when it gets sold and let's say it's not going to get it has to go through the board and the council to change the zone to the S60 zone and at that point um the ne the person that owns that property will get noticed that is contemplated to be changed. What I would like is an agreement that the owner of the property knows that we're going to recommend to the committee that they reinclude it like it should be and not appeal it or try to go against it. But they that property may not change hands that quickly. So I don't know maybe

I talked actually I just talked to Mr. Jeffrey and that's no problem if when you know Matt and I do the sub when we do the subdivision deed that we just put a little provision in there that acknowledge that the lot is undersized. It'll show up in title. Yeah. So it's Mike. Is that okay?

Great. Okay. Word is okay with that. Uh yeah. So other than that, that that's the changes in the proposal that's part of this application. Um I guess the only change to the one that was submitted are the lot sizes and the lot coverage is 97.7%. And we reduced one of the parking spaces. So um we're are asking for relief. Um whereas 47 parking spaces are required and 40 is being u proposed as part of this application. I think Mr. Disco did a good job of uh doing a parking study um for the past year or so uh showing that the peak demand is is on the weekends um with the bagel shop and and and the bagel shop's been there for I want to say 45 years at least something to that effect. Um

um any questions because I have a question open can you take us through circulations? One of the things that I've talked to Mr. Isco about even before this came 10 years ago I've told talked to Mike about right long time ago is like you said during the week there's you can you can hang out and park four cars there and no one care

but between I'm going to say roughly 7 and 12 8 and 12 on Saturday and Sunday you're you're locked in there and you get every spot filled and to the standpoint is if you pull in and your passgers door is on the side of the bagel store side of the building. Um, and every single spot up that aisle is full. You have no way to go to the left. There's no way to go to the other side of the parking lot. You literally have to make a right behind the building. A car could be coming at you. The people could be parked. There could also be parked cars diagonal across in the back, which makes it a huge safety issue during Saturday and Sunday during those times. other times, no big deal. If you can explain to the board, like what's a way to remedy that? I mean, I'm not saying I I don't know if we're comfortable taking away six spots or four spots to do turnaround, but I'm also concerned that, you know, Allen's just left, Allen's Deli just left. Other tenants, my dry cleaner said that they may be gone from a standpoint. The site may be completely different with the parking demand that Mr. Isco has been looking at greatly over the years to to determine that not having that turning. I know that if I come in that site and I can't go to the left, I have to try to go to to the right behind the building and pray there's no one there, go on to Henshaw, go all wait at the traffic light, go all the way around and and maneuver. It's a kind of a tough situation there.

No, I I think you described it well as far as the circulation, how it works. Um, unfortunately the the the answer really to improve the circulation is to eliminate uh at the minimum four parking spaces and even then I I think it'll be tight. Um, and the back areas still only have about 18 ft uh which two cars going, you know, side by side would be hard. Um, ideally it would be removing six parking spaces, but I think that would be more of a detriment uh to the site by losing parking spaces uh than the circulation.

I want to see what the board says. I don't want to create a problem, but I do I am worried that if you know we can get another busier tenant that that goes in there with at that time of 8 to 12 where there's a problem with the bagel store have an issue. I'm sure one of the things the board's going to say is they want to ask for the board any changes and I did have an opportunity to speak to my client uh about this issue because I did speak to Mr. Disco Mr. read about and the preference would be again it's existed for all this time and it's only those few times that that that there's those issues prefer to keep the amount of parking and not lose upwards of six parking spaces when we're already deficient. So, and I think people it's a it's a local local businesses people people know and adjust to it. So if it was a totally new shopping center, a strip center, I agree. You know, you'd want to have that circulation. But again, we think that the benefits of maintaining I mean, we're already going to lose one with the ADA. It's Mr. Jeffy's preference and that he's well experienced in in retail that you want to have that parking for your your clientele.

I'm not opposed either which way. I just want to hear the board's feedback on it certainly. Um any anything else? No, that concludes my testimony.

Uh yeah. So looking back, I think it was 66 is when it first shows up. And you can actually see the parking spaces as well. It looks like it was this exact layout as well for that shopping center. So, I don't know. No, no, I don't think so. I mean, the only thing I can think of

Yeah. The only thing I can think of is maybe that parking lot did serve the uh adjoining lot at one point, but like I said, my memory from when the Florist was there, I don't even think that was used for the Flores. The Florist had their own driveway where people parked. It is a two-way. Uh, so no, we didn't look at it, but I I think that might make it a little worse because if it is one way, um, well, I guess it would have to be out towards

Henaw. Yeah. Yep. That helps. That that was It is a dead end. Correct.

That That is correct. Um but I I think at the end of the day, you're still going to lose parking spaces. Yeah. So, you're going to lose four there. And then right now, we have five in the back. I don't think you're going to get five more um parallel parking spaces. Um I'll have to scale it out. We just want to try to make it safer. No, I'm very I'm worried that you will have I don't know what tenants are going to go in there. You know, we've had the same tenants forever. I mean, literally, I've always told Mr. Disco, this was an issue that I've always come up with, but the site has never changed over. So, it's been the same tenants for 10, 15 years. So, the idea is um we just want to try to figure out what makes it safe.

Yeah. I mean, I think at best you'll get the five, but I I think you'll most likely get four spaces in the back. And then the other issue that we have to uh work with is the fire official to make sure that we maintain a fire lane back there as well. No, it's nothing that we looked at, but Yeah. And I know there was a comment about

Yeah. And I know there was a comment by the board engineer about or might have been the board planner I don't recall about seeing if we could add another parking space in the back. And while ideally I think we could I speaking to the applicant um they rather retain that space to um make sure that that they have enough space for um for garbage and and for access into the building. So uh it is but not back here. Oh yeah. Yeah. These aisles are are 24 and I believe 26.

Sure. Yes. So the one aisle to the south is 26 ft

roughly and the one to uh closer to the building uh varies between 23 and a half to more than 24. It's tight. Two cars do turning there. You don't know. Someone coming around and not looking both ways. And I'm I'm sometimes the cowboy driver where I'll go very quickly and make a right and there's a boom another car right in front of me. And because there's another car where they're parked there, it makes it really tough to move. But listen, let's see what the board has to say. And then we have two great professionals that have been with us for a while. Richard.

Uh, I believe there's I I haven't counted.

I don't want to I don't want to take away the ability. One one spot's not. What do you think? a couple spots. See? is I've seen people park next to the dry cleaner. There's a very there's a lot of there's there's a lot of room there, right? So, I've seen people park parallel, you know, to the building. I don't know if we can pick up a space over there that even makes any sense because of the because of the um the ingress, but if there's an opportunity to pick up a space, I have seen cars there, you know, relatively often.

We actually looked into that, John. I think that's Yeah, I believe that's a fire. It's striped as a fire lane right now. I think so. I think it I think it shows it is. It is. But I again I've seen cars and maybe Yeah. No, I've seen it too. So if if if one way out, you know, makes some sense. And the other half for me is like it's been this way for 50 years or however long. So we all everyone realizes it at this point.

No, I like I like counselor's thing. It's like it's a neighborhood area. You know, people know they know what it is. They know what to do type of thing. But just want to see what the board has to say and then Mr. Disco we can make a decision. Maybe maybe the compromise where there's a one where there's it's a one way where you can't make right from henshot in the back which so people from henshaw just have to go. So yes so people from haw but let's see what's we got professionals but go ahead miss oh I thought you have go ahead to interject. Yes, please, please. This is

No, I think we I think we all are familiar with it. I think everybody's talking about this knowledgeably. The we did look at the one ways. You cannot have the one way in from Henaw because then it actually exacerbates your concern, Mr. So the only one way you can do is out. Unfortunately, if you look at the spaces, those five spaces in the back, they're slightly angled. They would be counter to the oneway movement. They'd have to almost back in which probably employees park there. It's not the end of the world. Um I think although we'd love to have more parking, I think parking along the house on Henaw probably not just another noise issue for that neighbor who I know has battled truck deliveries there, not only on this property, but really the other property as well. So I wouldn't want to give them more more car doors. Plus, I'm sure it's a There's no fire zone on the other side of the building. They need to access other. So there's really no good resolution. It's like you're damned if one way, you're damned if another way, but it's been operating forever. Maybe I mean within the last six months, we had three observations at 35, 36, 38 going to be at 40. take away four or six. All you're doing is forcing people to now park on Henaw in front of a residence on mountain when you can do it in front of a res

or they're going to get discouraged and go away and that's not good for business. I think 95 was the aerial I went back to that I could see on Google Earth. I don't think the pattern has changed just the way they they granted it the the original site plan. So, we're stuck with I understand your concern and and maybe if you're really concerned, you just have to have that person parking right on the corner there, do a better job of parking or maybe not be an SUV as opposed to a car. I don't I don't know what the

or you know, maybe it's something we'll have to see. You know, see how the other tenants if you get a tenant that is similar with a bagel store use open up like a thing like a diner thingish at 8 to 12 and has a conflicting time. We may need to revisit this when they come back for the next 10. Maybe that's Can you just like David seen I've seen the car there. I think sometimes the crossing guards parked there. Can you write compact car on it? You could. No one really pays attention to it. Yeah. I think most of the people parking in the rear I believe are the employees or the or the owners of the businesses,

right? So, do they have a agreement among themselves where they parked? I have no idea. But yeah, if that was the one on the corner was a compact or at least a car as opposed to an SUV, you'd have a little bit better visibility. I think we consulted with the police months ago about this and there's never been at least they're not telling us never been a reportable. So, it's probably something that Mr. Tiger admittedly was going too fast through the park. You've already admitted to it. I already admitted to it. But but I mean it's one of those things I think most people know what to expect when you're in there. It's tough because both both drive aisles you're going to deadend, right?

And if the if the cars are if it's fully parked there, the bays, you're doing an awkward maneuver to get out of there. So the the answer is four or six to lose to make it better circulation. But now you're forcing people, we know the data suggests, you're now forcing people to park on Henaw, walk further, park on Mountain, further down or they're going to park illicitly in the fire lane in the back or maybe in front of it on on Mountain

or we punt this we we the decision we leave it alone and we see what the other tenants come in and we this discussion to see what other tenants. Would you agree with that? Yeah, we've had the same tenants. Yeah, we've had the same tenants. If tenants come in now that conflict with the 8 to 12 bagel store time, then it would have to be a discussion that we'd have. Yeah. I mean, the bagel store is really the generator on that Saturday, Sunday morning. And when they, you know, the volunteers have their thing out there and they're collecting money or whatever, people are going, they know there's an event there or, you know, collecting for a uniform or something. So if the bagel store leaves, you're probably self-correcting this problem.

We don't want them to leave. You got a second bagel store, all bets are off. Yeah. I I think if we I think the issue would be dependent tenant. So we'll keep So one of the conditions I'm hearing from the board is that we keep jurisdiction of any new tenant Allens get filled, it would come before the board. plan. Sharon, did you have anything for No, I worked it out. Yeah. Alex,

yeah, I I I would have concerns. I mean, we're you're looking at going forward with tenants. You're looking at Allen's Deli uh uh not being full at the moment. Uh a a pizza, a Chinese place that is certainly at low capacity, I would imagine. And I don't think they're they're nearing any of the other food venues that they are in other places of the towns. And and and a dry cleaner, which dry cleaners probably most of the time during the day. So their their their customers aren't the same. But if if you put another food establishment in there that's going to drive customers, you're going to see an actual issue and an issue coming out of Mountain issue that's going to hurt Henshaw. It's something that uh I would be very uh uh concerned about. So as long as we retain as long as anytime a tenant enters that it still comes before this board uh I I would be okay. It works right now because there's one business generating uh uh business in that in that parking lot for for the most part. Uh the other thing is yeah the I think another issue is if if I recall and I I I don't frequently drive there. The the the lines are not right. It's not upkept. The the lot is kind of uh uh uh everything's bare and and and worn down. So restriping might also help just correct people's parking because I think a lot of times people pull in, they might take up multiple spaces. So restriping and maintaining your lot as a landlord might help uh uh rectify that. Um

yeah, you did a I've done multiple I I've seen a lot of bagels. I've seen better. Bagels. Seen worse. You've seen better. I'd like it better. How about that? So I've seen them worse and better. So when they fix that ADA spot, we can make an addition of approval. There's 40 spots to restripe. Yeah. I I would restripe this entire thing. I think that would help really. I think I agree with Sharon. We'll leave it alone for now with the circulation. Yeah. Circulation and I've got there too. But I agree that we're striping might help. And the compact I like sharing. I mean, you could put a sign there. It's that one on the corner. Not that people necessarily pay attention.

At least we tried. That is where it's tighter. Compact spaces in those corners might help. Mayor I agree with the what we've said here. I mean, it's been that way as long as I've been here. Long time, huh? No, but I mean, I think it's good. Um, it is crowded. It's a pain in the butt for everybody. I mean, there's nothing you can do. I mean, I guess we wait and see. Yeah, wait and see. And have it should be redone the whole drive, the whole parking lot. repaid everything and because I want to keep the people off Henawore because if I'm living on Henawore I don't want people parking in front of my you know house

that's a minute you you eliminate four or five spaces I mean it wouldn't be fair to the people on right Oakland agreed I mean I've parked on Mountain Avenue many times and walk back the only other concern that I have unfortunately putting my environmental hat on it's 98 % there's nothing we could do to make it any trees or anything in the front you know something I mean does that does that it is a fire lane is that fire lane is both sides of fire lanes and the guy does park or woman I should say the person some room if there

if they're going to do a two foot off the new parking lot line for there's some room maybe so let's let's leave it at this we're going to we're going request that you spend some time with Mr. Disco. Not going to be much, but if he can find a place that you can plant a tree or two, get some pavement out that you guys work that out. Mr. Get a bonus. If you can find a tree, actually along the fence possibly on the fence. There's a little bit of room. Yeah, I'm sure we'll make another bagel site visit this weekend and find a place where you can put a tree or something. Perfect. Certainly along the fence, I think there's room for some shrubs or something.

We're going to request the township committee on a separate thing, resone the property. Our planners here, we'll leave that with him that he'll write the township committee request that zone change. Yes. Yes, that that's the point. It will it will be in tandem. It'll never get done in the time period. They'll be able to if for some reason they sell the house, they'll have to put a condition in their um the contract of sale knowing the fact that it's moving from the zone to the zone.

Yes. No. Well, that'll be for the under the word. So, there's two parts. undersized lot is one thing and the second thing is if they sell the house in the next I mean any real estate contract says is there any impeding zone changes that you're aware of they would have to disclose that that that's in any contract but I'm sure the township committee in Octoberish or November late October can probably take that up as part of Would you agree we already have two township committee members on the board that are aware for us in October and Mr. Chairman, the agen was kind enough to pull up the 2012 resolution Mr. Bergen had prepared for the board of adjustment. It's very there's very strong controlling language there that it's supposed to remain a residential.

So then so that could be included in any um transaction just as writer or attachment that you know I saw it so it shows I just want the person that buys that property to know that they're buying it as a residential. They can't open up a flower store the next day when they Okay. Uh, anything further? Um, I don't think we need anything further. We have our professional planner to address any. Yeah, let him just put on some of the just some of the proofs planner. Very short and sweet case and then we'll open up to the then we'll open up to the public. Short and sweet with some of the proofs more so with the residential. The other ones are existing anyway that aren't changing. Not exacerbating.

Okay. Uh, do you solemnly swear that the testimony you're about to give is the truth, the whole truth, nothing but the truth? I do. Could you please state your name, spell last name for her? Yes. My first name is Nicholas with an H. Last name Graviano. G R A V is in Victor. I A N O. I'm a planner and partner with Graviano and Gillis Architects and Planners at a business address of 101 Crawford's Corner Road in Homeell, New Jersey. Graviano, could you briefly give your credentials?

Uh, yes. I hold a bachelor's degree from Ruckers University, a master's degree in city and regional planning from Ruckers University, a law degree from the Temple University School of Law, where I received a distinguished class performance in state and local government law. I'm a licensed professional planner in the state of New Jersey. I've pre been previously qualified by this board as well as over a 100 boards in 18 different counties in the state of New Jersey and I also hold an AICP certification. All your licenses are up to date. Yes, chairman. Any members of the public? Any members of the board have any questions or concerns? We'll accept you as Thank you, board. Always a pleasure being here. I've been here before. Yes. Sure. Yes. Was at the planning board recently?

Was he? Sorry. Okay. I forgot. Um, listen, time flies when we're getting old, right? Yes. My beard was a lot darker in the first time I was here, so I get it. Um, so let's focus just more so the house. So, I mean, obviously have to put all them on there, but just focus on the house because that's the big change.

Certainly. Um, I'm going to keep this brief. The, you know, Mr. Manilio and Mr. Hail did a great job of explaining what this application's about. The application is before the board tonight requesting minor subdivision approval for a specific piece of property known as block 1305, lots 48 and 49. As you heard in engineering testimony, lot proposed lot 49.01, 1 which will be the shopping center property will contain 26,877.9 ft whereas the residential house will contain 6,833.7 ft. That lot size does necessitate a variance. In the zoning district 10,000 square ft is required. Um from a planning perspective this is a very rational application to clean up the site. Uh this action is being done so all of the parking is located on the shopping center property. There's no situation down the road where the parking for the shopping center is on the house. They're under different ownership and there's a problem. This cleans up that scenario. So certainly uh the variance for the lot size for the residential dwelling can be granted under both the C1 and C2 criteria. With respect to the C1 criteria, I think this lot line configuration and the fact that a good portion of the parking lot for the shopping center uh is on that residential lot is certainly an extraordinary situation affecting a specific piece of property. Strict application of the township sub zoning ordinance would create an undue hardship upon the applicant and that relief for the undersized lot certainly could be granted uh without substantial impairment to the zone planner zoning ordinance because simply the adjustment of the lot line is not affecting how the house functions and it not it does not affect how the shopping center functions can also be granted under the C2 criteria. The applicant need not demonstrate hardship. what must be demonstrated that it relates to a specific piece of property. Here you

have a very unusual lot configuration and lot line situation. Uh in terms of the C2 variance, the applicant must demonstrate that advances purpose of zoning of the municipal land use law. This certainly advances purpose a promotion of the general health, safety, morals, and welfare. And that's done through a couple different matters. One, the applicant has agreed to modify the ADA space to make it into current compliance. So that certainly goes towards health and general welfare. Additionally, the applicant is safeguarding the pop parking for the shopping center, which certainly goes to the morals and general welfare of the township as a whole. Additionally, it promotes purpose G to provide sufficient space and appropriate location for variety of commercial uses to meet the needs of New Jersey citizens. And then lastly, this is certainly promoting purpose I desirable visual environment, creative development techniques, and good civic design and arrangement. It's good civic design and arrangement to have the off- streetet parking for the shopping center located fully within the property boundaries. As with the C1 uh discussion, this relief also could be granted without substantial impairment uh to the zone planner zoning ordinance. touching on all the existing conditions variances relating to setbacks and coverage that was provided by Mr. Manilio that those are all existing conditions not augmented by this application that too can also be granted under the C1 criteria without substantial impairment to the zone plan or zoning ordinance.

Thank you Mr. No further questions at this time Mr. Chairman. Great. So um Mike, anything you want to add? Cover it. Yeah.

And if for some reason they want to put Jen's diner there and it's going to be big between 8 and 12, then as as committ and as a planner, you agree with that? to put in residential. I I personally think the applicant has gone above and beyond in accommodating that request from the board. It's not something that's typical, but the applicant's willing to do it. Okay. Uh anything further? We have nothing. Mr. Jeffrey is here. Uh had any questions?

So, the the only thing I wanted to bring up before we open the public, so we talked about some maybe finding some impervious coverage and getting rid of it. If it cannot be done, what I'd like to see in the board's thought is maybe, you know, we're gonna we're gonna have a park across the street. Maybe some sort of tree, three, four trees. You can't plant them on the site. Something in the escrow from the township escrow to put in trees.

Perfect. Because they're going to be building a park which will help your business across the street uh where there'll be benches and places for the people to eat. So if you can't find it then that'll be the case. I'd much rather have it on site. It takes away impervious but if it can't we'll say Mr. Disco will side between three or four is the and the tree fund. Is the board comfortable with that? Okay. Perfect. All right. So let's take this opportunity to keep your witnesses here just in case any of the public have any questions for them. I'd like to take this opportunity to open this matter to the public. Anyone wish to speak on this application uh with questions to their engineer or planner or the board please come up. You waited patiently. Yeah. Thank you. Your name and address for the record.

Yeah. My name is Triadafilos Alexio and I live in 36 Gail Court. I'm the owner of uh lot 60. Can you point to the board if you don't mind? Yeah. Lot 60. Okay. So, you're right behind it. I'm right behind and I have I'm a neighbor both of the residents and to the parking lot. Uh-huh.

And I have concerns with this um change of of the limits uh because number one, we will have a residence that is going to be overbuild and I'm sure they will come here like you said before and they will ask uh for variances to build pools as other neighbors did with small lots over there or put their gazeos. So I will have more noise and is not good for neither for my well-being there or my property. And then we are creating here a big lot, a big um commercial lot. And that would give the opportunity to the current owner or to the future owner to build some something bigger that is not going to be good of good character for the center of Springfield. To be clear, it's own commercial. They cannot put an apartment complex up. I know a lot of people seen on Facebook talked about it. Questions. This is own commercial. All they can do is commercial.

Yes, they could build something bigger now which is commercial. Something like an enormous monstrosity. Something that it's covered 98% that is going to be the other building that is all parking lot underground and something on top in between on top. we who who knows maybe the current owner or or the future owner and I don't understand really what is the benefit of the community in regards to the variance that is being uh asked um if this lot has been working like that for 60 years what's the reason to resone it was the reason to to move the limit whoever bought initially and whoever bought it now I don't know knew what the conditions were why why should change

let me let me explain All they're doing is is taking so the parking lot half the parking lot was owned by the the res the commercial the commercial site which is a house right now that was the flower store at one point in time

the house is residential people are living there now it's for sale all they're doing is moving the lot lot line nothing will change with the site whatsoever so whatever your experience now nothing's going to be exacerbated I I understand your concern if they do someone does want to put a pool in but if they were going to put in a pool before they would have the same variance anyway because despite the fact that the parking lot is part of it, we would have fac I'm assuming the board of adjustment would factor that out because that's not area that is where they're living anyway. So, I don't understand your your concern. I mean, if your concern is that they're going to eventually knock down this thing and build apartments, I will tell you right now that it's not zoned that way. There was no in the township master plan that our planner did together, there was no overlay zone on Mountain Avenue that was completely taken out. So no one can sit there and build affordable housing, apartment complex or anything like that. That's that

and and they're making Yeah, I guess they're reducing the commercial space by flipping lot 50 to pure residential. That change is only just to change the zone on on that lot only to allow and that's not our board. that's going to be the township committee because we don't have the the zoning powers on that to make sure that that does not become a business in the future because then it did become a business in the future there'd be really no parking for that that lot 60 they would be taking spot from the bagel shop area parking and would be causing problems so that's what the board is requesting the township committee to do can't imagine why they wouldn't do it but that as well that's a positive change for you so that way your neighbor behind you is purely residential

I'm sorry lot 50 is already a residence Yes, it is a variance here and I'm not concerned about about 50 and yesterday last year they got a variance and they installed the pool in in 50 like 50 had a pool. Yeah. 49 49 49 48 49 is 49. So yeah, 49. Okay, I'm mistaken. Okay.

So, but 49 won't change from the standpoint it's going to be a house. someone it will just maintain a house forever. It cannot become a flower shop, a barber shop or anything along that lines in the future. That's what the board is going to request the township committee to change. That will should help you from a standpoint to make sure that no business like the flower shop ever goes in there again. Right. But it won't help me when we have a bigger lot here and in the future we can build something bigger.

It's this they not before the board today anyway, but we did I did we did review that with the professionals when when we when we discussed it. It is not zoned where they can do anything. If they were to go try to build something on that, they wouldn't have adequate parking for the four or five tenants. They would never it would never get approved because you wouldn't have any ability for parking there. So, I wouldn't worry about that and that's not before us right now to make that determination anyway. I do understand you. It was something that we put I came up with as well with with the engineers. So, it was a concern, but they can't, you know, and zoning

and the Yeah. And exactly the zoning will prevent from doing Yes, if they knocked it down the setbacks where they said they were 12, they'd have to go to 15. They would actually have to make a smaller building if that was the case, which I thank you for coming up and sharing your concerns. Okay. Thank you so much. Thank you. Thank you for being patient as well. Any other members of the public wish to speak on this application? Sure. Will you please state your name for the record and your address?

Uh my name is Dimmitri Ripken. Uh I am located at the 40 Gale. It's right behind the parking lot. Let me see. Yeah. So we are here. So there's a fence that separates you. Exactly. Yeah. The fence and the trees on my Before you do the condition of the fence. Okay. Um it's a chainlink fence with green slats. slats. Um, on a scale of zero to 100, I don't know. It's an it's a 7580. There's some some minor deterioration of some of the slats, but but it it's it's somewhat intact. There's a screening mechanism. Okay. You can look at the slats. I'm sure it's not hard.

Yeah. There's a a pretty pretty substantial evergreen tree line. It goes from Henshaw along the side property line of the residence on Henshaw goes a little bit into the the backyard of uh one of the houses on Gale and then it truncates. So left side of this lot where the flower shop used to Yeah. That's just has a fence there. There's really no significant landscape screening in that area.

Yeah. So those uh evergreens that were there uh were actually chopped significantly by the owner uh recently. So I don't know talking about the trees planting that wouldn't be a bad idea. Just an FYI, you know, there are some trees, but they chop them. So fence doesn't really help for the privacy, but these trees they do. So when they chop like a lot, you know, it actually reduces completely all the privacy. So I can see now, you know, all the parking lot and whatnot, all the traffic that's going pulling in. Mike will look at that.

So that's number one. Number two, uh the main concern for leaving the parking spaces there like you know all the rotations and whatnot. Uh if we keep it as is right now at least the way I see it like it's tolerable like I don't have too much of a problems like people honking and whatnot. If we going to make the changes you know at that point I don't know if we're going to create more mess. So the way it is now it's working for everybody right that's number one. Number two, the main concern what Fredopilus was saying is basically we don't want we want to make sure there will be no construction over there because I have a child one-year-old child, you know, we have neighbors, I'm sure, who has a kid knows what the construction is for the kid, like waking up, you know, like it's it's already stressful enough. We don't want to add any more stress to to our lives. That's pretty much, you know, our main concern. If it's we're just moving a line, no problem. If we're moving alignment,

they may they may may have plans of cleaning up the building, making it look nicer like they did across the street. They'll have to follow the construction code times of 7 or 7:30 in the morning till whatever time. That's not our perview. It's time to out there, but there's no plans to knock down the building, build anything substantial. It wouldn't be able to.

Gotcha. Well, for me personally again it's like noise is the like biggest concern like right now if they're going to knock something down you know for the future plans if they are come up with it you know just take it in your considerations that there are a lot of very little kids like right next door so you know like again me the neighbor next like right there my house so this guy has young kids there kids all over there yeah no we want to be careful of all that but that's Not before a board, but if there is anything if there's if there a building ever gets site ever gets changed like that, there would be a notice. Gotcha. Yeah. And again, the evergreens like they were there, they chopped them, so I don't know how like

Yeah. So, Mr. Disco will look at that because if there was not a permit and I know for trees I I but I just looked 2013 to now where where I was explaining where there's no trees. It hasn't changed since 2013. So great to have trees there, but there's really the only the pavement and the parking spaces go right up to the fence. There's nowhere to put it. Have to put it on the residential side. Well, what I'm what I'm trying to say, if they cannot plant their trees, don't chop my trees. You know, that's all I'm trying to say.

Okay. Thank you very much. You were the the guy at Dayton I used to see driving around in the car. I retired from pain the fields in playable condition. You drive around the cart all the time. My name is Franchesco Lein Avenue. Also they destroy matrix. Can you repeat that one more time? They destroyed. Matrices. Who did the owner? Threeman. Yes. from this site from behind I'll leave it behind the the I'm sorry I'm a little confused.

Can you point on the map if you don't mind give us I mean if not Mike can look it up. He's right on Henaw immediately adjacent. I leave it behind the the Chinese and the Thomas pizza you know that's where I leave they're good in France. Yeah. I leave it behind there. That's my trees. So, you're saying that the owner of this site dropped the trees down? I don't have no more. So, Mr. Disco, would you let Mr. Herbert and um Mr. the tree guy Keith back let them aware of this so that way they can look into this. They did their fines. Someone right there, you know.

Okay, that's that's not a problem. It's not a problem. Maybe maybe the owner didn't even realize and who he hired didn't do it right or whatever. It's about 12 12 trees. Okay. They chop them. All right. So, before and after. Okay. Well, you can't talk. You can't, but but before they cut and then when they cut. Okay. This is good. Thank you. Mr. Disco will if if if Mr. Herbert's not available tomorrow, Mr. Disco will go out. If not, our zoning officer, I'm sure, will go out or the um the arborist when he's back will go out as well. Hey, also Uh behind the fence. It says if no parking fire lane. Yeah.

Parking. I have a picture. Okay. So, Mr. Disco will let the the police know. I mean, we have Do we have title 39 for this? Probably not. It goes way back. So, so should we request? We should have title 39 in case the police want to do it. Mr. H um since we are not aware whether we have title 39 where they can issue tickets or or whatever on the site is there an issue with granting the police title 39 so they can go and people are not no problem. Okay. Thank you for listening. Thank you. So if we can write that any other members we we try to really limit it because is it anything really critical? What

once he's commented? So once you comment, I'm sorry we can't do it. Well, I will have Mr. Disco look at the fence. If it's missing some slates, I'm sure the owner will put in the slots to make sure that that he's a good neighbor to take care of that. So we'll add that to the resolution. Any other members of the Unfortunately, you can't once you've he

went on your property. Okay. So that's fine. Mr. Mr. Disco will let Mr. Herbert know. Perfect. No, not at all. Um, any other members of the public wish to speak on this application? Seeing none, I'm going to close the public. Remind it back to the board. Do you have any closing comments? I think I I think that our this is and the board and board professionals have done a great job and uh look forward to bringing uh the property line to where it's uh proposed and leaving essentially the parking other than the ADA as it is and perhaps into a a uh compact space. Yep. We'll work with Mike on that and on the landscape.

So, let me read the conditions and and then I'll open up the board if you have any other concerns. The first is the ADA. Second is a compact. Uh third is a notice of uh if they sell are selling the property that that their township committee committee may take action to reszone this to S60. Um that there be some sort of note in the deed title work or something that this property is under sized and if they're going to go do something there they know that to buyer beware whatever it is uh as committeeman Kaiser said they're going to reshape the parking lot. Um restripe restripe restripe restripe the parking lot. Thank you.

We're going to find we're going to work with Mr. just go to find some small areas to see if we can make them imper make them impervious by adding some trees so forth. If not, three or four trees, we'll deposit into the tree fund to be planted across the street or what the township committee decides. Any change of tenencies before we'll come before the board uh with a with a site plan application or minor site plan, you'll work it out with Mr. Disco to make sure. We don't want to make it too difficult for that, but we do want to review it to make sure there's a traffic issue. Um Mr. Disco is going to work with um to check on the trees with our zoning officer that were done and title 39 will be granted to the to the Springfield Police Department. Uh anything I missed?

Oh yeah, slots on the Mr. Disco will do a site we'll do a site inspection to, you know, see the fences and add any green slots uh where to privacy.

Anything, Mr. Wisher? Richard. Um just just in general and since the owner is here like this is a very important property in Springfield. Um and unlike some of the other other properties that this owner has, it's adjacent to the neighbors. Um being very, you know, considerate to them is certainly of the utmost importance. Um, but I would hope as you move move forward, um, you're very thoughtful about the tenants who are in that building. Um, you know, we are looking to attract quality and long-term, um, uh, tenants to our our commercial properties. Um, so, while I'm very excited that that you'll fix up the building and because I've seen a couple of your other properties and they look good, um, but this is probably one of the most important commercial properties here in Springfield, believe it or not. Um and uh certainly you know that bagel store people come from from lots of other towns for that bagel. We are known as actually one of the best bagel stores around. Um and u you know we hope that you you u you understand that and you uh attract and keep other quality appar.

Yeah the bagel store is key. I overnight mail bagels to Harrisonburg Virginia to my daughter at college because that's all she wants is the bagels. So, you know, the only thing I was add is that I'm I'm the approval is the approval, but a lot of the attendants are looking at leaving and that's concerning to us that that shopping center stayed the same for more than a decade or more. So, I don't know what what what we need to make, you know, your building, you own it, but you know, those tenants have been there. You know, we have to be, as Mr. Bernett said very thoughtful of who goes in there because that's character of our little downtown especially township committee is working tirelessly to get a park really kind of caddyy corner adjacent to uh across the street to kind of improve that area as well. I'll yield Mr. Ker.

Yeah. No, just recognizing that in in might not be technically but it is really our downtown uh the the the that entire corner. So those three buildings meshing a very walkable small little downtown uh uh for my entire life which I've lived on that corner um has been a a a rather nice little place to eat, grow and and and expand. And I think we've made a significant progress of improving that area. I think we're, you know, we've seen a lot of good small local businesses actually thrive for over decades and to potentially be faced with a a a vacancies on what was a small but prideful little downtown is certainly uh concerning and troubling to me and the township committee. uh uh uh especially in a retail environment which is not great. So for for for uh uh for a decade plus it that area has thrived to be going in the opposite direction is very concerning. Mayor,

did did you mention them to plant trees even if they can't? Okay. I'm sure that four tree three to four trees will be either throughout the town either in the escro. Yeah. Or on site. I would prefer it be on site. Yes. No. Nothing else though. Okay. So, I read the condition. I'm going to reread them. Can I have a motion read into the record? Yeah. No. Go ahead. You still moves. You want to second it? All right.

Great. We have a roll call. Was there a motion to approve with the uh conditions the um proving the variances that were outlined by the board planner and Mr. Disco and our board engineer our board planner u and we found that the benefits outweigh the detriments for criteria. We have a roll call. Vice Chair Kessle. Yes. Mayor Huber. Yes. with the comment that dull parking spaces annoy me to no end upkeeping the lot. I will be personally inspecting. Yes, Mr. Barnett. Yes, Mr. Yes.

Mr. Mayo. Yes. Yes. Tiger. Yes. Okay. Thank you very much and again appreciate your time. I think this is an important application to make sure we Great. Thank you again. Have a great night. Okay. So any other members of the public wish to speak before us? He can as part of the public. You can come before the public. He No, he can come before the public. Part of the public if he wants. Yes, you're going to you give them to Jen. All right. Any other members of the public wish to speak on this application? Not application. This not not this application. Anything before the board? Seeing none, I'm going to entertain a motion to uh close the meeting. Great. Second. So, our next meeting, just remember, is

I Okay, great. Our next meeting is October 16th, 6:30. See everybody then. See everyone then.