WESTFIELD, NJ - Plans to improve the Stop & Shop on Elm St. in Westfield were discussed at a special Board of Adjustment meeting on Wednesday night. The meeting was a continuation of one that occurred on May 12th, at which many details regarding these improvements were discussed.
Attorney Howard Geneslaw pointed out four issues that were said to need "D" variances. As Geneslaw discussed each issue in detail, he gave reasons as to why they should be appealed.
Parking was the first issue. The original plan proposed that parking be designated in the side yard of the location. Geneslaw went on to mention that there was no setback requirement according to Westfield ordinances. As such, he said there was no need for any variance at all.
As the time came for a final decision, though, the Board voted in favor of a "D" variance for parking.
Next, Geneslaw mentioned the need for a monument sign. The sign, which would be 6x6 ft., would be an accessory structure, so it would potentially be under a "C" variance, not "D".
"You are allowed to put signs on a wall, but not planted in the ground," stated Board president William Heinbokel. The Board granted a "C" variance.
Using the basement of the Stop and Shop as a food preparation area was the third issue. Geneslaw stated that this prep area would be an integral accessory to the grocery store, and that it should be considered a "C" variance.
Opposing attorney, John Schmidt, mentioned that the ordinances specifically state that no basement should be used for activities including food preparation. The Board seemed to agree with Schmidt, discussing that this prohibition was clearly stated.
"We have always considered these types of criteria as "D" variance," said Heinbokel.
This issue was ultimately decided and the Board approved a "D" variance.
Another significant issue was the potential use of an outdoor display area. Geneslaw argued that these display areas were very common in the supermarket industry.
Regarding a Westfield ordinance that specifically prohibits outdoor business sales, Geneslaw stated that the area would not be included under this ordinance because payment would be done inside the building. This, he mentioned, would be cause for a "C" variance.
"I find this somewhat ludicrous," said attorney Schmidt. According to him, the ordinances specifically prohibit conducting business outside of a building.
This topic caused the Board members to become uneasy about the real definition of "doing business." Would outdoor displays be seen as business sales or solely for display purposes? After some discussion, it was decided that this issue would need a "D" variance.
"It feels like the downtown area has come to a standstill," said resident Jennifer Buurma. Many other residents expressed similar sentiments regarding the improvements that need to be made.
The Stop & Shop on Elm St. has been around for over 50 years.