Planning Board Minutes
began with an affirmation of the Open Public Meetings Act requirements:
The schedule of meetings is on file in the Borough Clerks office, was
posted on the bulletin board, and has been mailed to the Cranford Chronicle,
the Kenilworth Leader, and the Star Ledger. All present recited the Pledge
of Allegiance. The Minutes from
Roll Call: Present: Mr. Cirillo, Mr. Michitsch, Mr. Beninati, Mr. David, Mr. O’Malley, Mr. Corcione, Mr. Pantina, Mr. Schielke, (arrived later), and Mr. Dick.
Absent: Mr. Peters, Mr. DeLuca, Mr. Soos, and Mr. Mancino.
Mr. Beninati said a letter from Mrs. Petschow (RE: Application #11-06,
Applications: Application #17-07, A & P /Starbucks, 801 Boulevard, Block 179, Lot 7.01, Seeking relief of Zoning Ordinance to provide tables and seats associated with Starbucks Coffee use, and requesting approval of an additional advertising sign on the face of the A&P building.
Ms. Jennifer Knarich, Attorney for the A&P, stated her client requests relief of the zoning officials decision as it relates to the seating and sign for the Starbucks coffee section of the A&P. Building department approval was given for the Kiosk only, and this is being constructed. Starbucks is accessible only from the inside of the A&P, and does not comprise more than 20% of the total store area. She said it is a use found in supermarkets to be a customary incidental. Regarding the additional sign part of the application, she stated the Ordinance does provide for three signs. An existing Pharmacy sign is mandated by law. There is a Bank of America sign, and an A&P sign.
Mr. David said the Board needs documentation to substantiate the statement that the total square footage for the Photo shop, the Bank of America, and the Starbucks area do not exceed 20% of the total square footage of the building.
Mr. Pantina asked if the Starbucks is considered a concession or an accessory retail sales department. Ms. Knarich said it is an accessory retail sales department, owned and operated by the A&P, using A&P cash registers.
He asked if this would be a restaurant (RE: zone code #197-48D—Retail stores excluding restaurants). Ms. Knarich replied that this would not be considered a restaurant since there will not be service to the tables. Regarding the alternative, the definition of a fast food restaurant; a fast food restaurant is considered a “principal business”. This would only be an accessory department. Mr. Pantina said Starbucks coffee said it is a separate entity, serving food (pastries and coffee). Ms. Knarich said the zone code for a “service” is not clearly stated. Mr. Michitsch said this is not a “self-service” operation.
Sworn in: Mr. Robert Volosin, Vice President for A & P real estate and development.
He said the second part of this application would require a “C” variance, and would be voted on by the Board. Mr. Volosin said the exterior signs include: the Bank of America sign, the Pharmacy sign, and the A&P sign, with Fresh logo signs. A Photo shop has a window sign, not on the face of the building. The Board contends the A&P exceeds the three sign requirement.
will give documentation of the calculations that the concessions in the
A&P do not exceed 20% of the total floor area. The Site Plan (SK#1,
Photo Shop: 512 square feet, the Bank: 888 square feet, Starbucks: 794 square feet, and the Pharmacy is 568 square feet. (for a total of 3,762 square feet) The store totals 66,385 square feet, and therefore, the concessions do not exceed 20% of the floor square footage.
The dimensions of the A&P signs must be stated as well, and may not exceed 10% of the wall area. This calculation should be submitted to the Board.
A motion, to approve the Zoning Enforcement Officers’ denial for the sign, was made by Mr. Michitsch, 2nd by Mr. Dick. All in favor: Mr. Corcione, Mr. O’Malley, Mr. Pantina, Mr. Dick, Mr. David, Mr. Beninati, Mr. Michitsch, and Mr. Cirillo.
Another motion, to approve the Zoning Enforcement Officers’ denial for the Use, was made by Mr. Dick, 2nd by Mr. Pantina. All in favor: Mr. Corcione, Mr. O’Malley, Mr. Pantina, Mr. Dick, Mr. David, Mr. Beninati, Mr. Michitsch, and Mr. Cirillo.
Since a permit was given for the Kiosk, the Attorney for the A&P will provide this documentation, as well as other requested documentation. She requested a hearing be scheduled for the November 15 meeting.
Other Business: In a past meeting, there was a discussion to increase the time (and, therefore, payment) for the Building Officials. Both Mr. Lema and Mr. Malanda are very competent Officials. This matter may need to be delayed until after the November elections.
was discussed, regarding a past application heard in March, 2006, (#11-06,
Storm Water Management Plan: The Board must approve an amendment to the Master Plan soon, and Mr. Beninati will consult with PMK, the Board engineer.
Impervious Coverage: Mr. David said a discussion of this ordinance was held at the last Mayor and Council Work Session. The Council and Borough Attorney are reviewing the wording, and will come back to the Planning Board with the suggested modifications.
Matters Mr. Beninati said the Board will need a quorum for the
The meeting was adjourned at
Janet M. Murphy, Planning Board Recording Secretary
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