August 16, 2012

Chairman Neuer stated that this application is amended because it is a continuation of application ZB-10-18, not a new application, and part of the ZB-10-18 resolution. He then asked to have resolution ZB-10-18 marked as Exhibit ZB-1. Mr. Buechler stated that there was no transcript of that meeting and some Board members did not hear the first part of the application. Chairman Neuer stated that there are only six Board members eligible to vote and asked Mr. Davis if that was acceptable. Mr. Davis stated that he does not have a problem with only six voting members. Mr. Buechler stated that one issue was that the applicant was to have investigated the ability to buy the adjoining property and asked Mr. Davis to update the Board. Mr. Davis stated that Degnan Realty contacted the owners of that property and the seller wanted $150,000 for the property. He stated that the realtor was present at the meeting tonight and is prepared to testify to this. Mr. Davis explained that his client cannot afford to spend another $150,000 to build this facility. Chairman Neuer stated that the applicant did make an effort to buy the property. Chairman Neuer asked Mr. Davis if Dr. Cappiello will be closing her other facility on Prospect Avenue once she opens this one. Mr. Davis replied yes. Mr. Davis called his first witness. ‘Warren Chase Freedenfeld approached the podium and was sworn under oath. Mr. Freedenfeld detailed his educational and professional background as a licensed architect in the State of New Jersey. Chairman Neuer accepted his credentials as an expert witness in the field of architecture. Mr. Freedenfeld presented drawings of the north, south, east and west elevations of the exterior of the building. Chairman Neuer stated that the elevation plans were pre-marked as Exhibits A-1 and A-2. Mr, Freedenfeld stated that these plans are different from the plans presented at the last meeting and they show the changes that were made. Mr. Davis asked Mr. Freedenfeld to explain the differences. Mr. Freedenfeld stated that the building was pushed back and they brought the elevation of the building down. He said that by lowering the building, they no longer require a height variance. Mr. Buechler asked Mr. Freedenfeld which elevation is the front of the building. Mr. Freedenfeld stated that the north elevation is still the front. Mr. Davis asked Mr. Freedenfeld if

ight variance. Mr. Buechler asked Mr. Freedenfeld which elevation is the front of the building. Mr. Freedenfeld stated that the north elevation is still the front. Mr. Davis asked Mr. Freedenfeld if there were any other changes. Mr. Freedenfeld said that the driveway entrance was moved from the left side of the site to the right side and the driveway remains the same size. He also said that visitors would just have to drive further on to the site to a lower parking area. Mr. Buechler stated that the Board had a concern about delivery trucks being able to turn around in the driveway when they come in. He asked Mr. Freedenfeld if they will still be able to turn [5]