May 18, 2023 Regular Meeting

was not provided. Chairperson Neuer said that after the transfer of ownership for the address was done, a Certificate of Occupancy was not obtained. Mr. Wine stated that it was discovered only yesterday that the transactional attorney neglected to obtain the Certificate of Occupancy. Chairperson Neuer stated that it is required to show compliance for future promises. Mr. Wine said that he made many calls to take care of this and it is underway. Chairperson Neuer stated that a-waiver of the Environmental Impact Statement has been requested but he is unsure if it can be granted as there is information still needed for air quality/air pollution. He said that a noise study was performed but only for the ordering kiosks and that the issue of vehicle idling must be dealt with. Chairperson also brought up that he is confused with the submission because of the different names on different submissions. Mr. Wine confirmed that the applicant is MBP Realty and the owner of the property is Orange Development. Chairman Neuer stated that the revision date is missing from the plans and that code enforcement has reached out and that the maintenance of the property must be better. Mr. Matthew Bersch, Engineer entered the record, was sworn under oath, and credentials were accepted. Mr. Bersch presented Colorized Aerial Exhibit (ated April 20, 2023) (Exhibit A-1 for Identification purposes). He explained that Sheet Two of the Combined Site Plan presents the present condition of the property, the environment around it, how it is zoned, and utilities which Mr. Wine asked for confirmation on how the property is serviced. Mr. Bersch said that it is serviced along Eagle Rock Avenue. The electrical box is open and definite updates are needed to the utilities and the perimeter buffer from the parking lot to the parking line Mr. Bersch presented the 5-18-2023 Alternate Site Plan Exhibit (Colorized) with no revision date (Exhibit A2 for Identification purposes) BOARD QUESTIONS Mr. Schwarzbaum asked for the size of the property with drive-thru quick service restaurants. Mr. Bersch said that properties and businesses come in different shapes and sizes. Popeyes is the largest prototype with half an acre to one acre. Mr. Schwarzbaum asked if there are any projects comparable to this in the area. Mr. Bersch said that the Popeyes in Union on Route 22. Mr. Schwarzbaum asked for the lot

with half an acre to one acre. Mr. Schwarzbaum asked if there are any projects comparable to this in the area. Mr. Bersch said that the Popeyes in Union on Route 22. Mr. Schwarzbaum asked for the lot size of that project, in which Mr. Bersch said that it is under construction, Mr. Schwarzbaum asked him to provide the Board with that information and Mr. Bersch said he would in his next submission. Mr. Ricci asked if there are two different restaurants on the site if they are franchises and what happens if one goes out of business. Mr. Wine said that this is a franchise corporate structure for both and he would have to get back to Board with confirmation of the names of companies if approved. Mr. Scott asked if this Sonic and Popeyes are owned by the same company. Mr. Bersch answered that he thinks they are owned by different companies Chairperson Neuer asked for confirmation that there are 18 spots for outdoor seating and no indoor seating. Mr. Bersch said that there is no indoor seating. In response to this, Chairperson Neuer asked Mr. Grygiel to review, to which he agreed. Chairperson asked for confirmation that Popeye and Sonic’s franchises were on board with this application. Mr. Wine replied yes.