October 1, 2014

Grygiel said the Ordinance would affect all new businesses going forward that were not already in operation. The Board discussed the proposed Ordinance. Mr. Klein asked if adopted, would an Applicant be able to appear before the Board if they wanted to operate extended hours, would it be a waiver or variance; what would happen to a new business that purchased an existing business. Mr. Dwyer said the current Police Ordinance 4.9 checklist required site plan approval; if it became part of Chapter 25, then it would be considered a variance. Council President McCartney voiced concern that some businesses had liquor licenses that permitted them to be open uniil 2:00 A.M. Dr. Bagoff opined those existing businesses would be “grandfathered”. Mr. Grygiel said the limitation of the Ordinance was in a residential zone or within 200 feet of a residential zone. Council President McCartney and Mr. Klein both stated that almost every commercial zone was within 200 feet of a residential zone. Mr. Eben questioned why the Ordinance was necessary; he opined that 4.9 was clearly defined. Dr. Bagoff opined the Board should define whether relief to the Ordinance was a waiver or a variance; he also voiced concern regarding Section g of the proposed Ordinance; he inquired what would happen if the approval process for a temporary license took longer than anticipated. Mr. Dwyer said if the Ordinance was in Chapter 25, a request for relief would be a variance. Council President McCartney stated the Board had recently streamlined the Zoning Ordinance and was currently working to streamline the Technical Review process; she opined she was not comfortable with a new business restriction that would require an Applicant to seek additional variance relief. Vice Chairman Weston opined that MLUL clearly defined variances; the Board should not define variances; the proposed Ordinance was extremely prohibitive for hours of operation; he opined changing it from 12 A.M. — 6:00 A.M. to 1:00 A.M. -5:00 A.M. Mr. Dwyer said he and Mr. Grygiel had discussed whether the hours of operation be considered part of land use law at all; should it remain Police Ordinance. Mr. Eben said the existing Police Ordinance was regarding hours of operation; the proposed Ordinance was regarding land use, which one would take precedence. Mr. Klein voiced concern that as a necessary function for operating,

Police Ordinance was regarding hours of operation; the proposed Ordinance was regarding land use, which one would take precedence. Mr. Klein voiced concern that as a necessary function for operating, some businesses had early morning deliveries and employees on premises to set up operations for the day that would be affected by the Ordinance. Council President McCartney opined Section h of the proposed Ordinance was a clear redundancy of Police Ordinance 4.9; she questioned the necessity of having two ordinances. Mr. Ghebremicael voiced concern about Section c; he opined hours of delivery not be curtailed, it would create hardship for some businesses. Councilman Jerry Guarino, 10 Belgrade Terrace, advised the Board he had worked on the Ordinance after speaking with the Mayor; he opined it was necessary to address the issue. He said he realized the Township was obliged to be business friendly; but to keep the flavor of a bedroom community in those areas zoned residential, regulations for development were needed. He acknowledged the (draft) Ordinance needed to be reviewed and revised. He gave a brief overview of the Ordinance, clarified some issues raised by the Board, and asked the Board for guidance. Dr. Bagoff opined the draft was a great first step; he suggested that with input from the Board, the Ordinance be redrafted and reviewed again at the next Board meeting. He asked if the Chamber of Commerce and Downtown Alliance had been contacted for input. He suggested the formation of an ad-hoc committee. Vice Chairman Weston suggested a better limit to hours of operation would be 1 A.M. to 5:00 A.M.; he voiced concern that too limited hours of operation might deter businesses from the community, Mr. Eben suggested that some members of the Board work with the Council to redraft the Ordinance. President McCartney opined it was a good idea to take a pro- 8