EVESHAM TOWNSHIP ZONING BOARD OF ADJUSTMENT
NOTICE OF HEARING ON APPLICATION FOR
PRELIMINARY AND FINAL MAJOR SITE PLAN APPROVAL,
CONDITIONAL USE VARIANCE AND BULK VARIANCES
PLEASE TAKE NOTICE that ABK Real Estate, LLC ("Applicant") has applied to the Evesham Township Zoning Board of Adjustment ("Zoning Board") for preliminary and final major site plan approval, a conditional use variance and bulk variances in connection with the property located as 741 Route 73 South, Marlton, New Jersey, also designated as Block 36, Lot 4.07 on the Evesham Township Tax Map. The property is situated in Evesham Township's Commercial-1 (C-1) Zoning District and was formerly occupied by OceanFirst Bank. The property is subject to a cross-easement agreement with the properties designated as Block 36, Lots 4.08, 4.09 and 4.10. The Applicant proposes to construct a McDonald's fast-food restaurant with a drive-through, which is a permitted conditional use in the C-1 Zoning District. However, the Applicant requires a conditional use variance pursuant to N.J.S.A. 40:55D-70.d(3) because the proposed development does not conform with the following conditions established by the Evesham Township Land Development Ordinance for fast-food restaurants with drive-throughs:
Section 161-1.C(20)(a) - The restaurant shall be either situated as one of the stores in an existing shopping center development or shall be newly constructed in a manner such that it shall be physically attached to the existing shopping center structure, whereas the proposed restaurant does not conform.
Section 161-1.C(20)(d) - For drive-through restaurants, one freestanding menu board sign is permitted in addition to other permitted signs, not to exceed 24 square feet, whereas 4 menu boards comprising 59 square feet are proposed.
Section 161-1.C(20)(e) - Drive-through lanes must be buffered from adjacent properties with evergreen trees, whereas the proposed condition does not conform.
Section 161-1.C(20)(g) - Signage shall conform to the zone district, whereas the proposed signage does not conform.
Section 161-1.C(20)(h)[6] - Drive-through lanes must be a minimum of 50 feet from rear property lines and must be buffered as appropriate to the location, whereas a 4.9 feet rear setback is proposed.
The Applicant additionally seeks variances pursuant to N.J.S.A. 40:55D-70.c from the following standards established by the Evesham Township Land Development Ordinance:
Section 160-32.A(3) – Minimum parking requirement – 55 parking spaces required, 20 parking spaces proposed.
Section 160-32.B(5) – Minimum front yard parking setback – 100 feet required, 29 feet proposed.
Section 160-32.B(6) – Minimum side and rear yard parking setback – 15 feet required, 4.9 feet proposed.
Section 160-32.D(2) – Minimum loading areas – 1 required, none proposed.
Section 160-32.F(2) – Bikeways required, none proposed.
Section 160-68.E(3) – Minimum front yard setback – 100 required, 81.8 feet proposed.
Section 160-68.E(6) – Minimum gross leasable floor area – 10,000 square feet required, 3,94 square feet proposed.
Section 160-75.F(1) – Maximum number of directional signs – not to exceed the number of curb cuts on the lot (1), 15 directional signs proposed.
Section 160-75.F(1) – Maximum directional sign area – 2.5 square feet permitted, 2.9 square feet and 3.5 square feet proposed.
Section 160-75.F(1) – Maximum directional sign height – 4.5 feet permitted, 7 feet proposed.
Section 160-75.M(1)(a) – Maximum façade sign area – not to exceed the lesser of 15% of the front façade area or 80 square feet, 93.6 square feet proposed.
Section 160-75.M(1)(b) – Maximum number of façade signs – 2 permitted, 4 proposed.
The Applicant has also applied for any and all other variances, design exceptions, waivers, interpretations and other relief deemed necessary by the Zoning Board or its professional consultants.
This application has been scheduled for a hearing before the Zoning Board on Monday, December 15, 2025 at 7:00 p.m. at the Evesham Township Municipal Building which is located at 984 Tuckerton Road, Marlton, New Jersey. You may appear in person or by attorney to present any testimony or objections you may have in regard to the application. Please note that the Zoning Board may, at its discretion, adjourn, postpone or continue the hearing on this application from time to time. In this regard you are advised to make a diligent inquiry concerning any such adjournments, postponements or continuations with Zoning Board Secretary Jennifer Newton, who may be contacted during regular business hours at (856) 983-2900 ext. 2083 or by email to NewtonJ@evesham-nj.gov.
All documents relating to this application are on file with the Evesham Township Department of Community Development and may be reviewed during normal business hours at the Evesham Township Municipal Building which is located at the address indicated above.
BARON & BRENNAN, P.A.
Attorney for Applicant
1307 White Horse Road, Bldg. F-601
Voorhees, New Jersey 08043
(856) 627-6000
December 4 2025
LNYS0415814
$86.19