Zoning Board of Adjustment

ZONING BOARD OF ADJUSTMENT REGULAR MEETING MINUTES October 18, 2021 CALL TO ORDER The Zoning Board of Adjustment of the City of Rahway held its regularly scheduled meeting Monday, October 18, 2021 via electronic communications equipment. Pursuant to the provisions of the New Jersey Open Public Meetings Act, N.J.S.A. 10:4-8(b), this meeting was held via Zoom. Due to the SARS-CoV-2 pandemic, commonly known as the novel coronavirus disease 2019 (COVID-19). Adequate notice of this meeting, as required by the New Jersey Open Public Meetings Act, also known as the Sunshine Law, has been provided by an Annual Notice sent to the City’s official newspaper NJ Star Ledger on January 18, 2021 and posted on the bulletin board in the of the Municipal Complex, posted on the City website, and filed with the Clerk of the City. The meeting was called to order at 7:05 p.m. ______________________________________________________________________________ FLAG SALUTE The Board saluted the flag. ______________________________________________________________________________ ROLL CALL On a call of the roll, the following Board Members and Officials should be present: BOARD Ms. Joann Gemenden, Commissioner Mr. Brandon Givens, Commissioner Ms. Jelsie Basso, Commissioner Mr. Adrian Zapotocky, Commissioner Mr. James Heim, Commissioner Ms. Robert Parson, 1st Alternate Commissioner Mr. Richard Zdan, 2nd Alternate Commissioner Mr. William Tomkiewicz, 3rd Alternate Commissioner Mr. Roy, L. Smith, 4th Alternate Commissioner Mr. James E. Pellettiere, Commissioner Vice Chairman Mr. William Hering, Commissioner Chairman Mr. Karl Kemm, Esq, Board Attorney Mr. Malcolm Thorpe, Esq, Board Attorney Ms. Jacqueline Dirmann, Board Engineer Mr. Kevin O’Brien, Board Planner Mr. Steven Decker, Acting Board Secretary *Absent from this meeting were Commissioners Givens and Heim ZONING BOARD OF ADJUSTMENT MEETING MINUTES October 18, 2021 _______ ______ PAGE TWO REGULAR MEETING: Chairman Hering opened the meeting at 7:05 pm with the regulations and reading of the agenda into the record. The following action took place. Application #07/21: Shree DD Investment, LLC. Proposed D Variance and request for application to be Bifurcated: Block 337 - Lot 1. 1719 US Highway 1-9S Board Attorney Karl Kemm confirmed the application could be heard. He explained that the application is going to be for a site plan, d variance and possible bulk variance. The applicant is going to go forward with only the use variance and then come back to the board for site plan and bulk variances. Kevin O’brien was sworn in as the board planner, and explained that this is different than what the commissioners usually see. Only the two use variances, one for retail space and one for office space are involved. These uses are usually not permitted in the B3 zone. There are residences nearby, and it will have an impact on the neighborhood. Jaqueline Dirmann of Colliers Engineering was sworn in as the board engineer. Commissioner Zdan asked if it is possible for the board to attach conditions to the use variances that would be required to be included on the subsequent site plan application. Kemm advised him that the answer is yes. Chairman Hering informed the applicant that the board can permit a use variance for a liquor store, but does not have the authority to grant a liquor license or put conditions on it. Christopher Kozlowski, attorney for the applicant briefly discussed the intent of the application for the uses in a B3 zone. He called his first expert Justin Auciello, a certified professional planner. Justin Auciello, was sworn in as an expert for the applicant. Exhibit A1, an aerial view of the property was presented. He explained that the site is oriented to the commercial character of the B3 zone. It is a former fast-food restaurant that had drive-thru usage. The applicant is looking to expand the footprint of the prior building which is currently vacant. The building will be expanded from 3075 square feet to 5040 square feet. The newly proposed building will be utilized as a retail liquor store, fast food restaurant, and the 2nd floor will have office space. Auciello stated they will improve the parking area, add spaces and landscaping. The applicant requires a use variance for the retail and office portion. Auciello discussed suitability: It was previously a Burger King and now is a vacant site. He argued a vacant site on rt. 1 is not something the municipality would want to see. The site is designed to suit a high volume of activity, as it has multiple access points. The office space would be used 9am-5pm and the retail use will be geared toward later hours, afternoon, evening and Friday night and weekends. The fast-food use is already permitted at the location. It fits the fabric of proposed uses. ZONING BOARD OF ADJUSTMENT MEETING MINUTES October 18, 2021 _______ ______ PAGE THREE He then spoke regarding special reasons: Auciello believes that replacing a vacant site advances the community and the proposed will be an overall benefit to the city. There is sufficient space for the proposed building, and it will be a visual upgrade to the area. The proposal will not negatively impact the purpose of the city’s zoning ordinances; which is to have goods and services and accommodate high traffic areas. There are retail sites permitted just not a liquor store, but it is not a radical departure from what is already permitted. The proposed space will provide a proper balance of land use to the city, and will provide jobs as consistent with the master plan. Kozlowski asked if there exists special reasons for the application to be approved. Auciello responded there are multiple reasons as he had already explained. The floor was opened to questions from the board members. Commissioner Zapotocky asked if it was an oversight that a plan of the outside of the building was not included. Attorney Kozlowski said that the plan was not required for a use variance. Commissioner Zapotocky followed up that he was not aware it would be a liquor store, and wanted to know how that has a positive impact on the community. Aucciello responded by stating the upgrade from a vacant area is a positive impact, and that liquor stores are common on Rt. 1 because of ease of access. Commissioner Zapotocky also assumed that the office space will be used by the retailer on the first floor, and wanted to know if the owner planed on renting out the space? He was informed the applicant will answer during his testimony. Commissioner Parsons asked if the existing building will be demolished. It was answered that it will not be torn down, just expanded upon. There will be a partial demolition for the expansion. Board Engineer Dirmann wanted to know if the use is approved, will it include the expansion and variances. Could it be submitted as a single story site plan? Kozlowski said the site plan can be changed, but the applicant will have to redo the use variances. Commissioner Gemenden asked where the nearest liquor store to that area is in Rahway. She believes there is a need in that area for the residents of Rahway. Attorney Auciello found that Main Street Spirits is the closest liquor store in Rahway to the site. It is .5 miles away, but not on the Route 1 corridor. Applicant Sudhakar Menon addressed the liquor store. It will be more geared to wine sales. He has owned Planet Wine which is 1.5 miles away for 23 years. He already has a liquor license for the location. He is looking to have a 4,000 sqft liquor store, and 1,000 sq ft fast food restaurant. The office space may be used by his IT company which will move from Cranford, or possibly a wholesale business. It will only have one business. The store hours will be 9am-9pm. Friday and Saturday it will be open until 10pm. The number of employees on site for the liquor store will be 2-4 depending on day and time, and the office will have roughly 2-4 as well. The fast-food restaurant is expected to have 2-3 employees working at one time. Commissioner Zdan asked about the parking situation, he is worried there is a lot of activity for one parcel of land, and wants to make sure the homeowners in the area don’t have over flow parking on their street. ZONING BOARD OF ADJUSTMENT MEETING MINUTES October 18, 2021 _______ ______ PAGE FOUR Menon stated that the retail store will be busiest when there are no employees in the office space, so this will help alleviate parking issues. The commissioners asked if the office space can be approved with the condition that only 1 tenant can use the space. Board attorney Kemm stated that condition can be put on the office space. Attorney Kozlowski made his final comments, and noted he believed they have met all the legal criteria to be approved for 2 variances for convenience retail and office space. Chairman Hering opened the meeting to the public. Virnalissi Guzman of 1688 Rutherford Street was sworn in. She stated she is glad to see the space is going to be used, but is concerned about it being a liquor store. She noted there is a school only 900 ft away, and another liquor store 2 minutes away on Rt. 1. She is also concerned about the parking and customers parking on the street. Elizabeth Janowska of 1753 Rutherford Street was sworn in. Ms. Janowska does not see a need for the liquor store that close to an existing liquor store. She is also worried about the parking and it being so close to a school. The commissioners wanted clarification on the two variances being approved. Board Professional O’brien clarified that the variances are for conveniece retail store, and liquor store fits into that use, and a variance for office use. There being no further questions from the Professionals, Commissioners or Public, a motion was made to approve this application. Motion: Commissioner Zdan Second: Commissioner Pellettiere Yes: Commissioners Gemenden, Basso, Zapotocky, Parson, Zdan, Tomkiewicz, Smith, Pellettiere and Hering No: None Abstain: none Absent: Commissioner Givens and Heim Motion was approved A motion was made to memorialize the minutes of the Zoning Board dated May 17, 2021. Motion: Commissioner Gemenden Second: Commissioner Zdan Yes: Commissioners Gemenden, Zdan, Zapotocky, Smith, Pellettiere and Hering No: none Abstain: Commissioners Basso, Parson and Tomkiewicz Absent: Commissioner Givens and Heim MEETING MINUTES October 18, 2021 _______ ___________ _PAGE FIVE ADJOURN: There being no further business; a motion was made to adjourn the meeting. Motion: Commissioner Gemenden Second: Commissioner Parson Yes: Commissioners Gemenden, Basso, Zapotocky, Parson, Zdan, Tomkiewicz, Smith, Pellettiere and Hering No: none Abstain: none Absent: Commissioners Givens and Heim Meeting was adjourned at 8:53pm.