May 1, 2013

Hansen Road. The proposed generator would be in the yard facing Hansen Road; it was the best location on the site for servicing the dialysis center. Again referring to Exhibit A-1, Mr. Gurland said he had a problem understanding the 200 feet boundary line advising neighboring property owners; he asked if the 200 feet boundary originated at the outside of the building. Mr. Kidd answered the 200 feet was indicated from the property boundary line, not the outside of the building. Regarding the interior renovation, Mr. Gurland inquired if the plan incorporated access for a staff member in a wheel chair; did the law require compliance. Mr. Dwyer answered it was a building code issue, not a zoning issue. There were no questions for Mr. Kidd from the Public Advocate or the Public. Daniel Bloch, P.P., Maser Consulting, P.A., was sworn in, stated his credentials, and was accepted by the Board to be an expert witness in planning. Mr. Galacio asked Mr. Bloch to testify regarding the requested variances. Referring to Exhibit A-5, (Aerial Photos), Mr. Bloch described the site’s surrounding area. He said the Application required two bulk-variances: one for lot coverage, the other for fence height. It was his opinion that the five tests used to grant the variances were met; the improvements were to an existing medical office use and the proposed improvements would further the purposes of the zone; promote the appropriate use of land, public safely and welfare. The generator would be located twenty-five feet from the building; there would be adequate light and open space; ensuring clean air going in to the building. The generator would be screened by a fence and located approximately one-hundred feet from Hansen Road; the visual impact would be minimal because it would be overshadowed by the existing five-story building. He opined the Application advanced the goals and objectives of the Township's Master Plan; to properly locate a commercial service and maintain compatibility with adjacent land uses. The proposed use did not conflict with the welfare of neighboring municipalities; it would take advantage of its proximity to St. Barnabas Hospital; it would help promote growth in area health care industry. Chairman Bagoff interjected that the generator was the issue. Mr. Galacio said that Mr. Kidd had testified that for this type of business the DCA required the

ote growth in area health care industry. Chairman Bagoff interjected that the generator was the issue. Mr. Galacio said that Mr. Kidd had testified that for this type of business the DCA required the generator. Mr. Eben said he did not take issue with Mr. Bloch’s testimony there would not be substantial visual impairment to the area; to be fair there are two front yards to the property; his issue was that subsequent Applicants would want front yard generators. Mr. Bloch said the issue was about this Application; this Application was unique because this was technically not a front yard. The generator would be located in the second front yard. The main entrance to the building was in the rear of the building where the parking lot was located. It was his opinion this was not the front of the building. Mr. Eben said it was a front yard; the Applicant was asking for a front yard variance. Mr. Eben said that another problem with the plan was that no landscaping was indicated. Mr. Galacio said the building owner could testify regarding landscape maintenance. Councilwoman McCartney voiced cancern the Board would be setting a precedent by granting the variance to locate the generator in the front yard; additionally, she said that at the Technical Review meeting the need for additional landscaping was discussed with the Applicant to help screen the fence. Chairman Bagoff asked if it was possible to move the generator to another site; he was concerned that the homes and St. Barnabas would be impacted by the generator. Mr. Bloch said that garden apartments were approximately 300 feet away from the generator. Chairman Bagoff asked Mr. Grygiel if the dialysis center was a permitted use for the zone. Mr. Grygiel answered in the affirmative; he added that as such, law mandated the generator. There were no questions for Mr. Bloch from the Public Advocate or the Public. NAPLANNING. BRD\WP\MINUTES|2013\5-1-13 Minutes.doc 5