November 15, 2012

Williams’ testimony as rife with net opinions which were not supported by underlying facts and analysis so that the planning testimony was not entitled to great weight. Chairman Neuer said that he suggests that they approve the application, except for the two “D” variances, and noted that he thinks the other part of the application is an improvement. Chairman Neuer asked for a motion for the “DD” variances; Mr. Buechler made a motion to deny the application requesting the “D” variances and Ms. Gabry seconded the motion. Before the Board Secretary called for the vote, the Chairman stated that the vote will be “yes” to deny the “D” variances and “no” to approve the “D” variances. The vote was as follows: Buechler: Yes Steinhart: No Bullock: No Sussman: No Gabry: Yes Weiss: Yes Merlkdinger: - Zaolino: - Quentzel: - Chairman Neuer Yes Chairman Neuer stated that, by law, the “D” variances are denied due to the failure of the applicant to receive five votes in favor of those variances. Chairman Neuer asked for a motion for the “C” variances; Mr. Buechler made a motion to approve with the following conditions: the free standing sign will be permitted for identification of the Doctors, the first floor will be used for storage only and remain as is, signs marked “employee use only” posted on both staircases, employees will park only in the seven spaces provided for them in the Municipal parking lot and the second floor will be used for storage and an employee room only. Chairman Neuer told Mr. Vena to amend the application for the following: Omland Engineering report dated 5/11/12, item #12 on page three referring to conditions of prior approval stating that there will not be any storage on the first floor. Mr. Vena said that was a condition based on the pharmacy going there and the application was so amended. Chairman Neuer suggested the following conditions, referring to item #13 in Omland Engineering report dated 5/11/12 regarding the applicant expanding the irrigation system to the new landscape areas, item #14 regarding replacing the front sidewalk within six months and adding a second handicap parking spot so that the resolution will state that there are two handicap parking spots. Mr. Buechler stated that he accepts the Chairman’s conditions. Ms. Weiss seconded the motion to approve. [4]