TOWNSHIP OF MONROE

ZONING BOARD MINUTES

MINUTES OF REGULAR MEETING

March 10, 2021

Meeting called to order at 6:30 P.M. by Chairman Vincent LaFata who led the salute to the Flag.

Chairman Vincent LaFata read the Sunshine Law as follows: In accordance with the Open Public Meetings Act, it is hereby announced and shall be entered into the minutes of this meeting that adequate notice of this meeting has been provided by the following:

Posted on January 1, 2021 on the Bulletin Board of the Office of the Township Clerk, Municipal Complex, 1 Municipal Plaza, and remains on file at that location for public inspection;

Posted on the Bulletin Board of the Office of the Township Clerk;

Posted on the Bulletin Boards within the Municipal Complex;                                  

Printed in the Home News Tribune and Cranbury Press on January 1, 2021;                    

Posted on the Monroe Township website; and                                  

Sent to those individuals who have requested personal notice.

MEMBERS PRESENT:      Chairman Vincent LaFata, Vice Chairwoman Carol Damiani, Mr. Louis Masters, Mr. Donato Tanzi, Alternate #1 Mr. Richard Lans, Alternate #2 Mr. Arnold Jaffe and Alternate #3 Mr. Nicholas Morolda.  Also present for the Board were Attorney Peter Vignuolo, Planner Rob Russo, Engineer Mark Rasimowicz and Director of Planning & Zoning Mr. Joe Stroin.

MEMBERS ABSENT:         Mr. Marino Lupo, Mr. Gary Busman and Ms. Rajani Karuturi.

No minutes to be adopted, they will be prepared for the March 30, 2021 meeting.

BA-5203-21                          Gables Plaza, LLC; Request for Amended Preliminary and Final Site Plan; Block 15, Lot 12.39; Located at 201-221 Applegarth Road, In the CC Zone

Represented by Mr. Sal Alfieri who stated this application is before the board seeking a  use variance and amended preliminary and final site plan approval to construct a 1,405 square foot addition on one of the six commercial buildings on the site, as well as to utilize an existing courtyard area for outdoor seating on the property generally located in Block 15, Lot 12.39 and aka 201-221 Applegarth Road.  The property is located in the Community Commercial Zone and contains approximately 10 acres. The property is an existing a strip shopping center; containing six (6) buildings and a common parking area which was previously approved by the Planning Board.

Robert Adinolfi, Chief Officer of Renaissance Properties, who manages the site for the applicant, provided a brief summary of the history of the development on the subject property and the adjoining residential development.  He indicated that he has been overseeing the project since 2005.  The project consists of two segments: the easterly portion which encompasses 10 acres and contains of seventy-one age restricted townhomes; and the westerly portion which also encompassing 10 acres and contains six buildings comprising 58,500 square feet of retail space and services.  We, the applicant has been seeking a restaurant use for the project for a number of years.  He noted that currently there is a Thai Asian Fusion Restaurant in a portion of Building E which abuts an open courtyard between Buildings E and F.  We wish to develop the open courtyard for outdoor dining.  We are also seeking a second restaurant use for the commercial space on the other side of the courtyard located in portion of Building F.  Outdoor dining is not a permitted use in the CC Zone and, therefore, we are requesting a use variance.  We are also seeking amended site plan approval in order to construct an addition on the of Building F over an existing sidewalk.  He stated that at the time the project was initially constructed, we envisioned a small grocery store use in the space at the northerly end of Building F.  For that reason, a large sidewalk area was created for the storage of shopping carts adjacent to the northerly end of the building.  We are now proposing to expand the building over the sidewalk and create a covered dining area with doors and windows which could be opened.  He advised that the addition would result in an approximate increase of 2% in the square footage for the project.  No new signage is proposed in connection with the building addition or the outdoor dining.  We will install bollards at the building addition.  He advised that the bollards were eliminated at the northwesterly corner of Building F in order to maintain adequate visibility within the sight triangle.  He also indicated that the proposed addition would have no effect on the ability to utilize the mailboxes.  We are not proposing to relocate the mailboxes.    

Mr. Arnold Jaffe asked what the purpose of the building expansion was.

Mr. Adinolfi advised that the purpose of the addition to Building F was to provide more space for the proposed restaurant tenant, as well as to supply an exterior dining space for the restaurant tenant.  He stated that the outdoor dining area would be part of the unit to which it is attached.

Mr. Richard Lans asked if there would still be inside dining.

Mr. Adinolfi stated that the restaurant at end of Building F would have both indoor and outdoor dining facilities.  H indicated that the proposed addition would be a four-season room; with the windows and doors being opened during nicer weather.

Mr. Lou Masters asked about letter of intent to homeowners.

Mr. Adinolfi noted that there is a fence between the property and the residential project, as well as landscaping.  He also noted that the site is approximately ten feet lower than the residential homes. 

Ms. Carol Damiani asked the capacity of seating and who is responsible to clean and the hours of operation.

He stated that cleaning and maintenance of the outdoor dining area would be the responsibility of the individual tenant restaurant owners; but that Renaissance Property manages the site and would also oversee the area.  The outdoor courtyard areas would contain approximately 108 seats; consisting of 54 seats on either side of a central planter.

There is sufficient parking on the site; noting that the site is actually overparked by approximately 50 to 60 spaces. He further stated that the Board imposed no restrictions in the Prior Approvals for hours of operation and he stated that the Applicant would abide by the operating hour requirements set forth in the Township Code.

Mr. Donato Tanzi asked if location of trash was acceptable

Mr. Adinolfi indicated that the existing trash and recycling location would be sufficient to accommodate any increase in trash and recycling caused by the addition and/or the outdoor dining use.  He noted that the frequency of pickups from the waste hauler might need to be increased due to the addition and/or the outdoor dining use

William Lane, P.E., the Applicant’s engineer, provided testimony concerning the existing site and the proposed improvements thereto.  We are proposing a 1,405 square foot addition at the end of Building F.  The perimeter of the addition would contain bollards as well as landscaping.  The bollards were designed for safety to prevent vehicles from entering the building addition. He noted that the bollard at the northwesterly corner of the addition was eliminated to maintain the sight triangle.  As far as parking, 239 parking spaces are required we have 302 spaces exist.  We are reducing impervious coverage on the Subject Property by 235 square feet. The capacity of the extension would be approximately 60 persons.  He noted that the total capacity of the interior and exterior portions of the restaurant would be approximately 210 individuals.  Mr. Lane testified that the distance between the proposed addition on Building F and the rear of the closest residential dwelling to the east was approximately 100 feet.  We agree to all comments in the Board’s Professional reports.

Christine Nazzaro-Cofone, P.P., the Applicant’s professional planner, provided testimony concerning the Applicant’s project and the planning justification for the variance relief being requested.  This application is seeking a use variance because the CC Zone in which the property is located does not permit outdoor dining, but the zone does permit restaurant uses.  She stated other than the use variance, no other variance relief is sought.  She stated the property was particularly suitable for outdoor dining for a number of reasons; namely, the existing shopping center immediately adjacent to the open courtyard and the mix of uses which allow for the center to be active at a number of different peak times.  The proposal advanced several of the purposes of zoning set forth in the Municipal Land Use Law ; specifically, purpose (a) through the provision of outdoor dining during COVID and beyond; purpose (g) as there is sufficient space to create the outdoor dining area without any detriment; purpose (m) through the activation of an existing courtyard; and purpose (i) through the creation of a vibrant outdoor space with wide sidewalks.  She further stated that the use variance can be granted without substantial detriment to the zone plan or zoning ordinance of the Township of Monroe; and without substantial detriment to the public good.  She stated that the Master Plan advised that the purpose of the zone was to provide goods and services to residents, as well as easy access to commercial uses at specific locations within the Township, and our proposal captured the purpose of the zone.

PUBLIC:

Mr.  Peter Economou, 110 Diamond Spring Drive, stated he resides directly across Federal Road from the proposed site and expressed a concern for potential noise from the addition.  He also asked if alcohol would be served at the restaurant.  Will there be music.

Mr. Alfieri confirmed that alcohol would be served within the restaurant.

Mr. Adinolfi indicated that the site might provide music.

Mr. Drew Shapiro, 26 Gables Way, stated he is the President of the homeowner association of the residential project and he has concern about potential music at the site and had concerns about the buffering. 

Mr. Adinolfi confirmed that no live music was proposed for the outdoor courtyard dining area.  He confirmed that the Applicant would agree to a voluntary condition of any approval by the Board that no live music would be performed in the courtyard area. 

Mr. Adinolfi agreed to meet with the Board Professionals and Township Arborist at the completion of construction and provide additional buffering as directed by the Board Professionals and Township Arborist if needed.  We also agree to continue all of the conditions of the Prior Approvals.

Mr. Mark Rasimowicz, Board Engineer, has no objections subject to applicant’s compliance with report dated February 15, 2021.

Mr. Rob Russo, Board Planner, has no objections subject to applicant’s compliance with report dated February 26, 2021.

Motion to approve made by Mr. Richard Lans and seconded by Ms. Carol Damiani and passed unanimously by all members of the Board present.

BA-5179-19                          New York SMSA Limited Partnership d/b/a Verizon; Request for Use Variance with Preliminary and Final Site Plan; Block 18, Lot 7.02; Located on Union Valley Road, In the R-3A Zone

See attached transcript.

BA-5193-19                          New Cingular Wireless PCS; Request for Use Variance with Amended Site Plan and Bulk Variances; Block 20, Lot 28.10; Located at 224 Federal Road, In the RR-FLP Zone

Chairman LaFata stated that due to the late hour, this matter will be carried to the March 30, 2021 meeting without notice.

MEMORIALIZATION

No resolutions to be adopted.

A motion to adjourn at 10:30 p.m. made by Ms. Damiani and seconded by Chairman LaFata and passed unanimously by all members of the Board present.

Respectfully submitted,

LAURA ZALEWSKI

ZONING BOARD SECRETARY