CITY OF PERTH AMBOY PLANNING BOARD NOTICE OF PUBLIC HEARING

CITY OF PERTH AMBOY PLANNING BOARD NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that 439 CR Perth Realty LLC, ("Applicant") has applied to the City of Perth Amboy Planning Board (the "Board") for Minor Site Plan Approval, Bulk "C" Variance approval, and deviation from a redevelopment plan, to relocate the existing Popeyes restaurant at Victory Village and construct a 1,985 SF Popeyes restaurant with drive-thru, together with related site improvements (the "Application") on property having a street address of 437 Convery Boulevard and Sayre Avenue, in the City of Perth Amboy, Middlesex County, State of New Jersey, and being designated as Block 184, Lots 6-15 on the City of Perth Amboy Tax Map (the "Property"). The Property is located in the City of Perth Amboy's (S-1J) Special Use Zoning District. PLEASE TAKE FURTHER NOTICE that, in connection with the Application, Applicant further seeks the following deviations pursuant to N.J.S.A. 40:55D-70d(5) from the City of Perth Amboy Gateway Area Redevelopment Plan and bulk "c" variances and design waivers pursuant to N.J.S.A. 40:55D-70c from the City of Perth Amboy Zoning Ordinance: 1. A deviation is requested from RDP §8.2.d. to allow one (1) ground sign where ground signs are prohibited; 2. A deviation is requested from RDP §8.2.o.i. where the maximum wall sign area is 10% of the first story portion of the wall to which it is attached, or 2% of the facade area, whichever is less, to allow a front façade "Popeyes" sign of 52.72 SF where 12.60 SF is permitted; 3. A deviation is requested from RDP §8.2.o.i. where the maximum wall sign area is 10% of the first story portion of the wall to which it is attached, or 2% of the facade area, whichever is less, to allow a front façade "Illuminated Building Seal" sign of 36.08 SF where 12.60 SF is permitted; 4. A deviation is requested from RDP §8.2.o.i. where the maximum wall sign area is 10% of the first story portion of the wall to which it is attached, or 2% of the facade area, whichever is less, to allow a main entry façade "Love That Chicken" sign of 117.18 SF where 21.95 SF is permitted; 5. A deviation is requested from RDP §8.2.o.iv. to allow a wall letter sign height of 27 inches for the "Popeyes" sign, where the maximum wall sign letter height is 19 inches; 6. A deviation is requested from RDP §8.2.o.i., where the maximum wall sign area is 10% of the first story portion of the wall to which it is attached, or 2% of the façade area, whichever is less, to allow a main entry façade "Popeyes" sign of 25.86 SF, where 21.95 SF is permitted; 7. A deviation is requested from RDP §8.2.p.i to allow multiple wall signs per frontage. A total of (4) wall signs are proposed, whereas only one (1) wall sign per street frontage is permitted per building. The Applicant proposes two (2) wall signs along the Convery Boulevard frontage, two (2) wall signs along the Sayre Avenue frontage. 8. A deviation is requested from RDP; EXHIBIT A §6.13.3 to allow 79.6% impervious coverage for Lots 6-9, where the maximum impervious coverage permitted is 75%; 9. A deviation is requested from RDP; EXHIBIT A §6.13.3 to allow 90.5% impervious coverage for Lots 10-15, where the maximum impervious coverage permitted is 75%; 10. A variance is requested from §430-61C(3)a to allow a 36.1 FT driveway width at the curbline where the maximum driveway width at the curbline is 35 FT. This is an existing non-conformance for this site and is proposed to remain unchanged with the current application; 11. A deviation is requested from RDP §8.5.5.d regarding street trees to allow one (1) tree on Sayre Avenue where three (3) trees are required (1 tree for every 25 LF of frontage, street trees shall be a minimum of 3.5" caliper; Sayre Avenue: 75 FT (75 FT) * (1 tree / 25 FT frontage) = 3 trees); 12. A deviation is requested from RDP §8.5.6.a to allow a minimum width of unobstructed sidewalk where any street furniture is located of 5 FT, where 8 FT is required; 13. A deviation is requested from RDP §8.6.a. where it is required that landscaping shall be provided at building setbacks and the proposed site plan does not comply. 14. A deviation is requested from the RDP §8.5.5.a. where it is required that all street trees have cast iron tree grates supported by adjacent sidewalk structure, and the plan does comply; 15. A deviation is requested from RDP §8.7.1.e. where the minimum distance for entrances and exits from any street intersection shall be 75 FT, where 29.7 FT is proposed; 16. A deviation is requested from the RDP §8.7.2.b.iii. where bicycle parking out of the public right of way shall be sheltered by a canopy, whereas the proposed does not comply; 17. A deviation is requested from the RDP 6.13.4. where the maximum off street parking spaces proposed exceeds 25% of the minimum required (18 parking spaces permitted, and 20 parking spaces are proposed); 18. A variance is requested from §430-18H(1) to allow a minimum buffer width of 3.0 FT, where 5 FT is required; 19. A variance is requested from §430-60C(4) to allow a minimum buffer width of 3.0 FT, where 5 FT is required; 20. A variance is requested from §430-61.E(1) to allow a minimum buffer width in off street parking areas which abut residential or institutional uses, where 25 FT is required and 3.5 FT is proposed; 21. A variance is requested from §430-85C regarding street furniture to allow one (1) tree on Sayre Avenue where three (3) trees are required (1 tree for every 25 LF of front yard; Sayre Avenue: 75 FT (75 FT) * (1 tree / 25 FT frontage) = 3 trees); 22. A variance is requested from §430-72A to allow a lesser minimum average lighting level at the surface of parking lot areas for five (5) or more vehicles where 0.5 FC is required, and 0.1 FC is proposed; 23. A variance is requested from §430-72A(1) to allow a lesser minimum average lighting level within a parking area where 75% of the average level is required, and 10% is proposed; 24. A variance is requested from §430-72B to allow a lesser minimum average lighting level at subsurface level pedestrian parking walkways and sidewalks that are not in a right of way or abutting private internal street where 0.5 FC is required, and 0.1 FC is proposed. PLEASE TAKE FURTHER NOTICE that, in connection with the Application, the Applicant also seeks any additional deviations, exceptions, design waivers, submission waivers, variances, use variances, conditional use variances, interpretations, de minimis exceptions to the State of New Jersey Residential Site Improvement Standards, continuations of any pre-existing non-conforming conditions, modifications of prior imposed conditions and other approvals reflected on the filed plans (as same may be further amended or revised from time to time without further notice) and as may be determined to be necessary during the review and processing of the Application. PLEASE TAKE FURTHER NOTICE that a public hearing on the Application has been scheduled to be held before the Board on May 6, 2026, at 7:00 PM, prevailing time, at the Raritan Bay YMCA, Auditorium, located at 357 New Brunswick Avenue, Perth Amboy, NJ 08861, at which time any interested party may attend in person or by attorney and present any objections, or otherwise be heard, with reference to this application. PLEASE TAKE FURTHER NOTICE that the Application and supporting materials (including maps and plans) will be available for public inspection at least ten (10) days before the public hearing. Copies of the Application, plans, maps, and other supporting materials, as applicable, are on file and available for public inspection by interested parties during regular business hours, in the office of the Code Enforcement Department, within the City of Perth Amboy Code Enforcement Office, 375 New Brunswick Avenue, Perth Amboy, NJ 08861. Members of the public wishing to view the Application and supporting materials may contact Rudy Rodriguez, the Supervising Code Enforcement Officer/Zoning Officer, by email to r.rodriguez@perthamboynj.org or by phone, during regular business hours, at (732) 826-0183 ext. 4827 in order to make an appointment to review them. Members of the public with questions may contact Rudy Rodriguez, the Supervising Code Enforcement Officer/Zoning Officer, by email to r.rodriguez@perthamboynj.org or by phone, during regular business hours, at (732) 826-0183 ext. 4827. In addition, all exhibits which will be relied upon during the public hearing, together with the review letters of the Board's professionals, will be available for public inspection at least forty-eight (48) hours before the public hearing. Members of the public wishing to view the exhibits and review letters may contact Rudy Rodriguez, the Supervising Code Enforcement Officer/Zoning Officer, by email to r.rodriguez@perthamboynj.org or by phone, during regular business hours, at (732) 826-0183 ext. 4827 in order to make an appointment to review them. PLEASE TAKE FURTHER NOTICE that the Board may, at its discretion, adjourn, postpone, or continue said public hearing from time to time and you are hereby notified that you should make diligent inquiry of the Board's office concerning adjournments, postponements, or continuations. Duncan M. Prime, Esquire, Prime Tuvel & Miceli, LLC Attorney for 439 CR Perth Realty LLC, Applicant April 23 2026 LNYS0503993 $151.36