August 15, 2013

Mr. Vena stated that there were no further witnesses. Chairwoman Gabry asked the applicant for ZB-13-05/Nicolas to approach; Naomi Nicolas approached the podium. Chairwoman Gabry noted the time and informed Ms. Nicolas that her application would not be heard tonight and said that the application will have to be carried over to the next meeting on September 12, 2013 because the Zoning Board meetings do not go past 11:00 pm. Ms. Nicolas asked why she was not informed about this earlier tonight and expressed. her displeasure. Chairwoman Gabry apologized and said that the Board had all intentions of hearing this application tonight and unfortunately the application that was scheduled before them is running longer than anticipated. Chairwoman Gabry noted for the record that application ZB-13-05 for Nicolas will be carried over to the next regular Zoning Board meeting held on September 12, 2013 and that no further nolice will be necessary. Chairwoman Gabry asked Mr. Vena if he would like to sum up. Mr. Vena approached the podium and stated that the plan being proposed tonight is a better operating plan and provides safe ingress and egress. Mr. Vena said that the applicant has already received Essex County approval and because school starts in three weeks they would prefer not to have any disruptions when opening the school. He said that there are no variances required and asked the Board to approve this application tonight. Mr. Vena asked the Board if they would also memorialize the resolution at the meeting tonight. Chairwoman Gabry declared the hearing closed and asked if any of the Board members had any comments. Mr. Merklinger stated that the applicant is lacking documentation from PSE&G, regarding the relocation of the utility poles, and he would like to see something in writing from them. Mr. Bullock likened this application to a three headed monster and said that two of the heads were not good. He said that Mr. Maitz’s testimony was credible and for that reason he will support it tonight. Mr, Steinhart stated that, from a practical stand point, approving this application makes sense to him based on Mr. Maltz’s testimony. He said, other than any legal issues with this application, the practical side of it is acceptable. Mr. Neuer said that he is not sure if he knows what to vote; he said that the attorney in him says no. He said that the applicant

issues with this application, the practical side of it is acceptable. Mr. Neuer said that he is not sure if he knows what to vote; he said that the attorney in him says no. He said that the applicant failed to research the price of relocating the utility poles. Mr. Neuer said that the Zoning Board is created by the MLUL and must comply with the Statute.. He said that he has not seen sufficient credible testimony and the applicant has nothing in writing from PSE&G regarding the relocation of the utility poles. Mr. Neuer said that the change of circumstance has not been satisfied by this applicant, and he feels the four lane concept that they are presenting is not safe. He said that if he did vote yes it would be because he feels pity for the applicant. 11