August 16, 2012

Mr. Bullock asked Mr. Stewart if there were any other considerations for the conservation area. Mr. Stewart stated that the conservation area is not part of this property. Ms. Zaolino stated that the conservation area is part of the recycling center. Mr. Buechler stated that the applicant submitted a storm water management report and asked Mr. Stewart if the changes in this report had been noted to Mr. Keller; he replied yes. Chairman Neuer asked Mr. Stewart if there is a buffer requirement for the conservation area. Mr. Stewart stated that there is no buffer requirement because the property is more than 50’ from the conservation area. Mr. Buechler asked Mr. Stewart if Mr. Staiger, their traffic expert, is going to testify again because the driveway is being moved; he replied no. Mr. Buechler asked if there will be any impact on the site lines from the last time he testified because of the change. Mr. Stewart stated that he thinks that it will be an improvement. Mr. Keller stated that the driveway is being moved approximately 50° and will be further away from the curve in the road. He said that the views to the west are wide open. Chairman Neuer asked Mr. Keller, of the eleven items that were to be addressed on his technical review memo dated August 2, 2012, which are still open. Mr. Keller went down the list of items on his report to be addressed. Ttem #4 - Plans still show that there are four variances; Mr. Stewart said he would change it. Item #5 - The removal of 26 trees. Mr. Keller stated that they want to remove 80% of the trees which, according to the ordinance, would require a variance. Also, the ordinance says to preserve 30% of the trees and they are only keeping 6. Item #6 - Replacing trees. Mr. Stewart stated that he will talk to the Township’s Forester, John Linson, and see what he advises them to do. Item #7 - The wall that separates the parking lot from the building is not on the grading plan. Item # 8 - Elevations of the retaining wall are not shown on the plans. Item #9 - Recommendations for the placement of a fence on top of the retaining wall were offered by Mr. Stewart. Item #10 — Clarification regarding the water connection was presented by Mr, Stewart. Item #11 - Driveway entrance conform to NJDOT standards. Item #12 - Placement of the sign interfering with the site line; Mr. Stewart said that if it does affect the site line

sented by Mr, Stewart. Item #11 - Driveway entrance conform to NJDOT standards. Item #12 - Placement of the sign interfering with the site line; Mr. Stewart said that if it does affect the site line they will move it back. Mr. Keller also noted that because the site is on a County Road that they will need County approval. Mr. Buechler expressed a concern regarding moving the driveway. He stated that if they move it right on the lot line, they will need a variance for the side yard setback. Mr, Keller stated that he will lock to see if they need a variance for that. Mr. Keller stated that there were ten items on page three of the technical review memo. He said items #8 and #11 had been revolved but Mr. Stewart still needs to address items #1-7 and #9. (8]

Chairman Neuer noted the time and stated that the Board will recess for 10 minutes and Mr. Stewart can address those items when they resume. Chairman Neuer called for a recess at 9:32 pm. Chairman Neuer resumed the meeting at 9:42 pm. Mr. Keller stated that the applicant does require a “C” variance for side yard encroachment of the 24’ access driveway. Mr. Davis asked to amend the application including the “C” variance for the driveway encroaching on the side yard. Chairman Neuer stated that because this is a minor variance the applicant is not required to notice again. Chairman Neuer noted, for the record, that Mr. Quentzel could not vote on this application and he has left the meeting. Chairman Neuer asked Mr. Keller to continue where he left off regarding the items on page 3 of his technical review memo, dated 6/4/12, regarding the site plan comments which still needed to be addressed. Ttem #2 - The stop bar has been noted as 12” in width. Item #3 - The driveway design is subject to NIDOT approval. Ttem #4 - Width of the driveway is not dimensioned on the plans; it will be noted on the plan at a minimum of 6’ wide. Item #5 — Installation of a sanitary pump in the sewer line will be added to the details on the amended plans Item #6 - Additional spot grades at the exit door will be included in the amended plans. Item #7 - Stability calculations and velocity for the slope of the 18” pipe to the scour hole will be included in the amended plans. Item #8 — The applicant has submitted a copy of the soil logs. Item #9 - Soil type will be indicated on the soil erosion plan. Item #10 - Architectural plans will identify the location of the HVAC units and the screening that will be provided; Mr. Freedenfeld will address this. Mr. Keller asked Mr. Stewart to confirm the height of the wall. He asked if the highest point of the wall is on the east side of the building in the rear. Mr. Stewart said yes, and stated that the wall is 10’ and the fence on top of itis 4’, Mr. Keller recommended that they amend the application and ask for a height variance. Mr. Davis moved to amend consistent with Mr. Keller’s suggestion; the amendment was accepted by Chairman Neuer as minor and not requiring further notice. Mr. Buechler questioned the 12 parking spaces that are currently being proposed. He said that at the last meeting they proposed 13 spaces and asked why

euer as minor and not requiring further notice. Mr. Buechler questioned the 12 parking spaces that are currently being proposed. He said that at the last meeting they proposed 13 spaces and asked why they reduced the number. Mr. Stewart said that it has to do with the configuration of the driveway and the dumpsicr location. Chairman Neuer asked Mr. Stewart if he thinks 12 parking spaces are adequate for this facility. Mr. Stewart stated that the first set of plans shows 12 parking spaces. Chairman Neuer stated [9]

that Mr. Steck’s report states there are 13 parking spaces. He asked where they lost the parking space and can they get it back. Mr, Stewart said that they lost the space because they introduced an island in the driveway. He said that 12 parking spaces are sufficient. Mr. Buechler asked Mr. Stewart if all 12 parking spaces are filled, would there still be room for a vehicle to pull in, Mr. Stewart replied yes. Chairman Neuer asked Mr. Stewart if a car could tandem park in front of the dumpster; Mr. Stewart replied yes. Mr. Davis stated that they will have four patients an hour and four workers. He said 12 parking spaces are sufficient. Chairman Neuer observed that with a tandem space available in front of the dumpster, which will be accessed only during non-business hours, there are effectively 13 spaces so that an amendment is not required. Mr. Keller commented on the exterior lights being turned off when office hours are over. He asked if they can have one light in the parking lot remain on 24/7. Dr. Cappiello said that can be done. Mr. Keller stated that there has always been a concern from Director Borg regarding light poles being too high. He asked if they could reduce the height of the 16’ light poles that they are proposing. Mr. Buechler stated that there are no adjoining properties that will be affected from the lights at that height. Mr. Stewart said that they could change it to a 12’ light pole. Chairman Neuer stated that if approval is granted then this will be a condition of such approval. Mr. Freedenfeld addressed item #10 from Omland’s technical review report on page 3 and stated that he will submit updated plans. Mr. Keller asked Mr. Stewart to provide testimony as to why the Board should grant the “C” variances. Mr. Stewart began detailing the positive criteria noting the topography of the land describing it as a narrow lot with steep slopes on the property. He said that this is a beneficial use for this property and noted that the applicant is making aesthetic improvements to this site. Mr. Davis stated that Mr. Steck’s report went into all of the positive and negative criteria. Chairman Neuer asked if there were any members of the public that had any questions for Mr. Stewart. Rosary Morelli approached the podium and stated that she lived at 22 Ralph Road. She asked if she could ask traffic study questions at this time. Chairman

blic that had any questions for Mr. Stewart. Rosary Morelli approached the podium and stated that she lived at 22 Ralph Road. She asked if she could ask traffic study questions at this time. Chairman Neuer stated that she could ask Mr. Stewart what he testified to i.e. the line of site and the moving of the driveway. Ms. Morelli stated that she lives a short distance from the site and asked Mr. Stewart if he felt that cars entering and exiting at that stretch of the road will add another problem to the existing problems of that area. Mr. Stewart stated that he did not give testimony to that. Chairman Neuer stated [10]

that their traffic expert testified to that at the last hearing. Mr. Stewart stated that his opinion is that the ingress and egress is safe. No other member of the public asked to be recognized to pose questions to Mr. Stewart; Chairman Neuer excused the witness. Mr. Davis stated that he had no further witnesses. He said that Dr. Cappiello is present if anyone has any questions for her. Dr. Doris A. Cappiello approached the podium and was sworn under oath. Mr. Buechler asked Dr. Cappiello if any animals will stay at the facility overnight; she replied no. She said that her hours of operation will be from 8:30am to 7 pm Monday to Friday, noting that she will only be open until 7 pm two days a week. Dr. Cappiello said that on Saturday they will be open from 8am to 12pm and that they will be closed on Sunday but said that staff will be there. Dr. Cappiello stated that no staff will be there past 7 pm and if there is an emergency after that time, she sends them to the animal hospital, She also said that no animals will be admitted after 7 pm. Dr. Cappiello stated that there is a second doctor working with her; one performs treatments or surgeries and one will see the appointments. She said that no two doctors will see appointments at the same time. Mr. Buechler asked Dr. Cappiello to read the resolution from the hearing on the use variance application and asked her if all of it was correct. Dr. Cappiello stated that she did not say only one Doctor will be there; she said that there was some discussion about it and it was clarified that no two doctors will see appointments at the same time. Dr. Cappiello said that there may be two doctors there at one time. Chairman Neuer asked Mr. Freedenfeld if Exhibits A-1 and A-2, that were pre-marked, were prepared by him; he replied yes. Chairman Neuer asked Mr. Stewart if Exhibit A-3, that was pre-marked, was prepared by him or under his supervision; Mr. Stewart replied yes. The Chairman entered pre-marked Exhibits A-1, A-2 and A-3 into evidence. Chairman Neuer opened the floor to public comment. Rosary Morelli approached the podium and was sworn under oath. She stated that her concern is traffic. Ms. Morelli stated that she was a member of a neighborhood group in that area at the time when there were three developments being proposed for a property next to this one. She said that all three proposals were

stated that she was a member of a neighborhood group in that area at the time when there were three developments being proposed for a property next to this one. She said that all three proposals were denied because of the egress and ingress. Ms. Morelli stated that this site is located at a very dangerous stretch of Mt. Pleasant Avenue. She said that there is a curve there and the traffic backs up almost to Liberty Middle School from that location. [11]

Mr. Bullock stated that this area has a good line of site and asked Ms. Morelli if she really thinks this would have a negative impact on the area with the little traffic that will be generated from this business. Ms. Morelli said that, based on her experience, the traffic will stop there and it will just add to the problem. The public hearing was closed and the Board commenced its deliberations. Ms. Zaolino said that she agrees with the comments made by Ms. Morelli. She said that there are tractor trailers going in and out of the recycling center and her concern is also the traffic. Ms. Zaolino said that she has observed traffic backed up on a daily basis. Mr. Steinhart stated that he lives in that vicinity and he has seen backups on Mt. Pleasant Avenue but not beyond the curve in the road. He said the big positive of this is that the applicant is taking a derelict property and making a big improvement to the area. Mr. Steinhart said that he is not concerned about the traffic in and out of the property and he votes in favor of the application. Chairman Neuer stated that this application satisfies most of the purposes stated in NJSA 40:55D-2 of the Municipal Land Use Law and promotes a much more attractive environment in our community. He recommends the application be approved with conditions. Chairman Neuer stated that he is sensitive to the traffic comments but this application was already approved for the use in 2011 and the Board is bound by that decision. Mr. Buechler said that he disagrees with the Chairman that they are “bound” because the Use variance was previously granted. He said the other findings were not conclusive and if the traffic expert came back, in his opinion, he believes that the traffic report would be different. Mr. Buechler said the only change was the tepositioning of the driveway. Ms. Gabry said that she thinks it is good for the area and she will support it. Mr, Bullock said he will also support it. Mr. Buechler made a motion to approve this application with the following conditions which will be part two of the prior resolution: e Hours of operation will be 8:30am — 7pm Monday to Friday, 8am — 12 pm Saturday and closed Sunday. Exterior light poles reduced from 16” to 12’. Unfinished basement to be used for storage only. No uses by animals outside the building. The sign on Mt. Pleasant Ave. to be placed beyond the site

. Exterior light poles reduced from 16” to 12’. Unfinished basement to be used for storage only. No uses by animals outside the building. The sign on Mt. Pleasant Ave. to be placed beyond the site line. Plans to be revised to incorporate the additional variances. Revised plans must be submitted 10 days before the resolution. 12 parking spaces plus one tandem at the dumpster. «¢ Maximum of two veterinarian doctors at the facility at one time. The resolution adopts the testimony of Dr. Cappiello that was summarized in the prior resolution. [12]