November 29, 2012

interpretation based on “C2” hardship. Mr. Weston said the testimony provided indicated the hardship was self-imposed, and indicated a “C2” hardship. Mr. Polyniak agreed that the variances needed could be justified under “C2” because the benefits outweigh the detriments. The project promoted appropriate land use. Mr. Gurland had no questions for Mr. Polyniak Mr. Klein had no questions for Mr. Polyniak Mr. Keller said he was concerned that the 30 ft deep loading area was a little slim to accommodate a truck of the same depth. Mr. Polyniak said he believed the 30 ft was sufficient but would agree to move it an additional five feet. The Public Advocate had no questions for Mr. Polyniak. Manuel Lin, 938 Pleasant Valley Way, asked if geological information would be gathered; should borings be done further up the slope of the property. Mr. Keller answered that he had not heard testimony that the slope would be disturbed. Mr. Polyniak did not comment. Chairman Bagoff voiced concern about adolescent pedestrians congregating/loitering at the site; he inquired if the Applicant had a loitering policy. Mr. Del Vecchio said that there would be a sidewalk. along the building frontage, however, the Corporation had a strict anti-loitering policy. Mr. Del Vecchio advised the Board that the Applicant’s testimony had concluded. He further advised the Board that two of the three principals of Harrison French & Associates, Ltd. were New Jersey licensed architects; the Board should be satisfied with their credentials. Chairman Bagoff asked the Public for comments. Manuel Lin, 938 Pleasant Valley Way, was sworn in. Mr. Lin testified that when the property was an Amoco station there were at least two vehicular accidents per year. He said he observed during peak hours that when school buses picked up students, cars zoom by. He recommended a one-way directional sign and a traffic signal be installed. He voiced concern that existing businesses in the area would close, and when businesses on one side of the street closed, he was concerned for the safety of pedestrians crossing the street. He said he was concerned about the stability of the slope. He concluded by stating he did not believe the Application was a good plan. The Board deliberated on the Application. Mr. Eben said the Applicant had listened to what the Board had asked them to consider, He believed the development

believe the Application was a good plan. The Board deliberated on the Application. Mr. Eben said the Applicant had listened to what the Board had asked them to consider, He believed the development would be 110% better for the area. He was impressed with other 7-Elevens; they were maintained impeccably. Mr. Eben said he was assured by Mr. Del Vecchio that the plan was a positive improvement to the site, and while he did not like 7-Eleven stores in general, the new business would be a tax-ratable. Councilwoman McCartney said the area was zoned for this type of business. She said she appreciated Mr. Lin’s concerns, the Application did conflict with other businesses but it was the nature of the business. She reminded the Applicant to abide to ordinance rules for 24-hour operation of a business. She said she appreciated all the revisions made by the Applicant. NAPLANNING.BRDUYPULNUTES 2012\17-29-2012 Special Meeting Minutes.doc 8