January 8, 2014

The Board voted on the Resolution as follows: Motion: Dr. Bagoff Second: Mr. Lester Bagoff: Yes Carlucci: Yes Eben: No Ghebremicael: Absent Gurland: Yes Klein: Absent Lester: Yes McCartney: Yes Weston: Absent Wilkes: Yes Heller: Yes Dr. Bagoff addressed the Board; he said that for a member to vote “No” on an Application that had fulfilled the requirements under the law and the Ordinance was arbitrary and capricious; and showed a disregard for the Applicant. Dr. Bagoff requested the Chairman direct the Board attorney to discuss the rules of the Board at the next meeting. Mr. Eben said that he did have reason for voting against the Application; he did not believe it belonged before the Board; he opined it was a waste of the tenant’s time and money. PB-13-21T/E.G. Holdings Corp., d/b/a Total Wine and More Block: 155.21; Lots: 40, 1445.05; Zone: P-C 495 Prospect Avenue Technical Site Plan to expand current 13,189 sq/ft space into adjacent premises to create a combined 21,736 sq/ft retail store. DISCUSSION Mr. Grygiel gave a brief recapitulation of the Application including expanding space and making interior improvements. Mr. Grygiel advised the Board that the Applicant's attorney was present to answer any specific questions. He listed the conditions of approval: 4. Applicant to submit a plan to the Health Department for review and approval; 2. Applicant to apply for permits and obtain plan approval from the Building Department; and 3. Applicant to obtain a Certificate of Occupancy from the Building Department for the expansion space. Mr. Eben said it appeared that a designer not properly licensed in the State of New Jersey created the interior design plan; he said that the Architect appeared to be properly licensed in New Jersey. Mr. Dwyer said that the Board had been over this before; he suggested the Board recommend to Council that all professionals be licensed in the State of New Jersey. Mr. Eben said that it was the responsibility of the Zoning Officer to enforce proper certification. Dr. Bagoff suggested the Application checklist state that all professionals must present certification that they were licensed in the State of New Jersey. Council President McCartney agreed. Rosemary G. Vinitsky, Esq., Law Offices of Thomas A. Buonocore, Esq., attorney for Applicant, was sworn in; she said that as it related to the Application, the architect was

esident McCartney agreed. Rosemary G. Vinitsky, Esq., Law Offices of Thomas A. Buonocore, Esq., attorney for Applicant, was sworn in; she said that as it related to the Application, the architect was properly licensed in the State of New Jersey and all plans were properly signed and sealed. NAPLANNING.BRD\WPAMINUTES(2014\1-8-14 Minutes,doc . 3