A RESOLUTION CON 2017-02 OF THE PLANNING BOARD OF THE BOROUGH OF HADDONFIELD GRANTING SITE PLAN WAIVER AND CONDITIONAL USE APPROVAL WITH CONDITIONS TO MEGU SUSHI HADDONFIELD, LLC FOR THE PREMISES 143 KINGS HIGHWAY EAST, HADDONFIELD, NJ APPLICATION #: CON 2017-02 NAME OF APPLICANT: OWNER OF PROPERTY: PROPERTY ADDRESS: Megu Sushi Haddonfield, LLC 143 Kings Equities LLC 143 Kings Highway East Block 20, Lot 2 on the Tax Map DATE OF HEARING: October 3, 2017 BOARD MEMBERS PRESENT OR LISTENED TO THE TRANSCRIPT OF TESTIMONY AND VOTING: ALSO PRESENT: John Laprocido, Chairman Doug McCollister, Vice Chairman John Moscatelli, Commissioner Donald S. Ryan, HPB Solicitor Stephanie Heim, HPB Secretary Todd Day, Borough Engineer Toni Bonnette, HPC Representative Lisa Soderberg, HPC Consultant SUBJECT The Board considered the application of Megu Sushi Haddonfield, LLC seeking conditional use approval and a waiver of site plan review for a restaurant at the premises 143 Kings Highway East, also designated as Block 20, Lot 2 on the Haddonfield Tax Map. The application is made in accordance with Section 135-63 et seq. of the Haddonfield Land Development Ordinance pertaining to conditional uses and in accordance with the Municipal Land Use Law N.J.S.A. 40:55D-67. The applicant also seeks a waiver of site plan approval in accordance with Section 135-68. 1 The property is located in the D-4 Downtown Zoning District. The applicant was represented by Damien Del Duca, Esquire.
The following witnesses appeared, were sworn and testified in support of the application: 1. Steven Lin, Managing Member of Megu Sushi Haddonfield, LLC, the applicant. Todd Day, the Planning Board Engineer, was also sworn and testified with respect to the application. The following exhibits were included as part of the record: A-1 Application for Conditional Use dated 8/21/17 A-2 Application summary A-3 Color photographs of the front and rear of the property A-4 Plans prepared by SE2 Engineering LLC dated 6/11/17, consisting of 5 sheets of architectural drawings. A-5 Survey prepared by Walter Mac Namara Associates dated 1/11/17 A-6 Tax Map A-7 Notice of Hearing A-8 Affidavit of Service A-9 Affidavit of Publication A-10 Proof of taxes paid No one appeared during the public portion of the hearing to testify. FINDING OF FACTS The Planning Board, having determined that the Application, Notice to Property Owners, Notice of Publication and affidavits were in proper form and having examined the Exhibits and considered the testimony, finds as follows: 1. The Planning Board has jurisdiction to review and act on the application for conditional use approval pursuant to the Haddonfield Land Development Ordinance Section 135-63 et seq. and the Municipal Land Use Law N.J.S.A. 40:55D-67. 2. Conditional use is defined in the Municipal Land Use Law (N.J.S.A. 40:55D-3) as a use permitted in a particular zoning district only upon showing that the use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance and upon issuance of an authorization therefore by the Planning Board. 3. In the event that the proposed conditional use does not comply with each and every condition imposed by the ordinance, the property owner must apply to the Zoning Board of Adjustment for a use variance pursuant to N.J.S.A. 40:55D-70(d)(3). 4. The applicant is Megu Sushi Haddonfield, LLC and Steven Lin is the Managing Member. The owner of the property is 143 Kings Equities, LLC and Dan Silvestri is the principal of the entity and has consented to this application. 5. The subject property is located in the middle of the retail district of Kings Highway business D-4 zone. Restaurants are a conditional use in the D-4 District. The lot in question has a width of 24 feet and a depth of 100.8 feet. There is constructed on the subject lot a one story brick and stucco 2
building which was previously a clothing retail business known as The Little Shop. The property is currently vacant. 6. In the rear of the property there is a paved area of approximately 40 feet in depth leading to a public parking area. The property to the west of the subject property is a restaurant known as Little Tuna, which is a two story building with restaurant facilities on the first and second floor. The property to the east is a retail business on the first floor and apartments on the second and third floors. A public municipal parking lot is to the north. 7. The applicant proposes to operate a restaurant specialized in sushi and traditional Japanese food at the subject property on the first floor and to utilize the basement area for storage. The proposed restaurant fit out and details of the proposed restaurant are depicted on the architectural drawings prepared by SE2 Engineering, LLC, dated 6/21/17. The restaurant would accommodate 57 seats with a kitchen in the rear. The testimony of the applicant is that the food service would be approximately 70% to 80% sushi in the front of the restaurant and 20% to 30% of the food would be cooked in the kitchen over a burner with a hood venting to the outside. 8. Pursuant to Section 135-64, the general requirements for a conditional use, the applicant has satisfied the notice requirements in subparagraph A; a site plan waiver was requested with respect to subparagraph C; the parking requirements are not required to be complied with for restaurants under subparagraph B (See Section 135-86-2.2). 9. The applicant s testified that the system for venting cooking exhaust and odors will comply with Section 135-65.1B-6 to insure that the exhaust an odor would not offend or disturb nearby commercial or residential uses. The applicant agreed to modify the proposed system to accommodate this objective. 10. With respect to the storage of waste material and garbage, the applicant proposed a shared trash enclosure with the adjoining restaurant Little Tuna. The Planning Board notes that the municipality picks up such waste materials and garbage on weekdays (Monday through Friday). However, it does not do so on Saturdays or Sundays. The applicant has agreed that in the event a need arises, it will engage a private contractor to handle the waste materials and garbage on Saturdays and Sundays. 11. The applicant testified that the landlord proposes changes to the exterior façade which will be handled in a separate application for Historic District approval, which will be filed by the landlord. 12. The applicant further acknowledges that this application does not include sign approval, which must be obtained prior to the issuance of building approval. CONCLUSIONS 13. Based upon the findings set forth above and agreements with the applicant, the Planning Board concludes that the applicant has complied with standards of the Conditional Use Ordinance Section 135-63 et seq. and conditional use approval to operate the sushi restaurant at this location is granted subject to the following conditions: 3 The applicant will provide for private trash waste removal on Saturdays and Sunday, if needed based upon a determination by the Zoning Enforcement Officer or other authorized municipal official.
The applicant will revise the architectural drawings with respect to the mechanical system, specifically the venting system so as to insure that the exhaust and odor does not offend or disturb nearby commercial or residential uses. The applicant will provide for technologically adequate means of eliminate oils, grease and odors from the exhaust. Further the vents shall be on the interior and exist through the roof. 14. Pursuant to Section 135-68, entitled waivers for subdivision and site plan, the applicant has, by its testimony and exhibits, has satisfied the criteria as follows: (1) Section 135-68A: Site Plans The Planning Board may waive the requirements of site plan approval where no de minimus construction or improvements is proposed. The waiver may be granted only by a resolution finding that the use will not materially affect the drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting and other standards specified in Article 9 of this chapter. (2) An application for Site Plan Waiver shall be required and shall include a written description of the proposed work, a conceptual plan illustrating the work, a description of the impacts and any justification for the waiver. The applicant has complied in this respect and therefore a site plan waiver is warranted. RESOLUTION On the motion of, seconded by Shawn McCaney, the Planning Board voted 7-0 to grant a conditional use for the restaurant, Megu Sushi of Haddonfield, LLC, subject to the conditions set forth above. John Laprocido Doug McCollister John Moscatelli Shawn McCaney On the motion of Doug McCollister, seconded by, the Planning Board voted 7-0 to waive the requirements of site plan approval based upon the applicant s compliance with Section 135-68 as amended. John Laprocido Doug McCollister John Moscatelli Shawn McCaney 4
CERTIFICATION I hereby certify that the foregoing is a true, accurate, and complete copy of the resolution of memorialization adopted by the Planning Board of Haddonfield at its regular monthly meeting on the day of November, 2017, memorializing action taken by the Planning Board on October 3, 2017. Stephanie Heim, Secretary 5