November 17, 2014

Chairman Buechler accepted Mr. McDonough as an expert in Professional Planning. Mr. McDonough stated that the application requires preliminary and final site plan approval. He said that the applicant is also seeking the approval of a use variance, setback variances, parking variances, relief from parking stall dimensions and parking spaces. Mr. McDonough presented the Board Members with three pages of photographs. Chairman Buechler asked to have the three pages of photographs marked as Exhibit A-9 for identification. Chairman Buechler asked Mr. McDonough if he took the photos; he said that he took the photos on pages two and three and he downloaded page one from the Bing website. Mr. McDonough referred to page one of Exhibit A-9 and detailed the surrounding area. He then referred to pages two and three of Exhibit A-9 and detailed the existing conditions of the site. Ms. Weiss referred to photo #8 on page three of Exhibit A-9 and asked Mr. McDonough how long it took for the Norway Spruces to get to that height; he said they grow about a foot per year and the trees in the photo are ten (10) years old, Mr. McDonough said that they can work with the Township Forester to provide a denser buffer. Mr. McDonough stated that the applicant is proposing a 1700 sq. ft. addition that would expand the existing commercial building to the east. Mr. McDonough detailed the proposed driveway circulation stating that it will be reconfigured to accommodate a one-way flow and eliminate the left turn out to Northfield Avenue. He said that the parking lot will also be reconfigured to accommodate the addition and they will be providing twenty one (21) parking spaces. Mr. McDonough also detailed the landscaping being proposed in the front and the rear of the building. Mr. McDonough referred to his report dated March 8, 2014 and detailed the positive criteria. He said that there is a 25’ buffer between the residential and commercial property which is more than adequate according to the Township’s Ordinance. Mr. McDonough detailed the negative criteria and stated that in conclusion the variances can be granted without any substantial detriment to the public good or the Township’s Zoning Ordinance. Mr. Sullivan detailed the history of lot #5 and stated that there were two prior applications submitted that were denied by this Board and two applications that were withdrawn by

’s Zoning Ordinance. Mr. Sullivan detailed the history of lot #5 and stated that there were two prior applications submitted that were denied by this Board and two applications that were withdrawn by the applicant. Chairman Buechler stated for the record that the denial in 201 1 was for lack of public notice and lack of prosecution. He said that the Board did not deny the application.

Mr. Sullivan said that the application was withdrawn in 2006, by the applicant at the time, due to their concern about the development of lot #5. Mr. Neuer asked Mr. McDonough if the application did not include the 1700 sq. ft. addition and it was only for utilizing the undersize lot, would his opinion be the same, Mr. McDonough said that he thinks the proposal for the addition and the lot works hand in hand. Mr, Neuer said he disagrees. Mr. Neuer asked Mr. McDonough if the applicant knew the lot was undersized when he bought the property and that it would need a variance; he replied yes. Mr. Grygiel stated for the record that he does not think that a side yard variance is required for the property on Northfield Avenue and Dogwood Road. There were no further questions for Mr. McDonough from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. McDonough. Anthony Magarelli approached the podium and stated that he lives at 7 Dogwood Road. Mr. Magarelli asked Mr. McDonough if there will be any conditions regarding the maintenance of the property. Chairman Buechler stated that if the application is approved the applicant is required to maintain the property for two years. He said that any time after that, if the property is not maintained, you can call the Township and report it. Chairman Buechler also said that the applicant is required to provide escrow to replace any trees that die within two years. Robert Rashkes approached the podium and stated that he lives at 35 Oak Crest Road. He asked Mr. McDonough if they will be replacing the sidewalks on Northfield Avenue and Dogwood Road; he replied no. Suzanne Robinson approached the podium and stated that she lives at 34 Dogwood Road. She asked Mr. McDonough if the windows in the pioposed addition will be covered with the same white window treatments that the existing building windows are covered in; he said he did not know. There were no further questions for Mr. McDonough from the members of the public. Chairman Buechler asked if any members of the public had any comments. Marilyn Fogarty approached the podium and was sworn under oath. Ms. Fogarty stated that she lives at 8 Dogwood Road and asked the Board if lots #4 and #5 were consolidated would it remain residential. 10

Chairman Buechler said lot #5 would remain residential unless the Township decides to re-zone the fine. Ms. Fogarty said that the criteria for the “D” variance for the overdevelopment of the undersized lot was not proven and that another office space in the area is not needed. She said that any hardship the applicant has incurred has been self-imposed. Ms. Fogarty said that the removal of the screening on lot #5 will affect the aesthetics of their neighborhood and that taking a lot and turning it into a parking lot is not beneficial to the neighborhood. She said that the parking configuration is confusing and there will be fewer parking spaces and tighter traffic flow. Ms. Fogarty said that Mr. Patin is an absentee landlord who does not maintain the property and there are property maintenance issues. She said that the lot was to remain a buffer and she is urging the Board to preserve their neighborhood and deny this application. Ellen Magarelli approached the podium and was sworn under oath. Ms. Maganelli stated that she lives at 7 Dogwood Road and supports everything that Ms. Fogarty said. She said that cars are parking on Dogwood Road and they interfere with snow and leaf removal. Allegra Lagani approached the podium and was sworn under oath. Ms. Lagani stated that she lives at 21 Dogwood Road and her concern is the traffic. She said that she lives on the corner lot which is the bus stop for the school children. Ms. Lagani said that her concern is for the children and the pets because it is a safety issuc. Robert Rashkes approached the podium and was sworn under oath. Mr. Rashkes stated that he lives at 35 Oak Crest Road and that he wants the applicant to replace the sidewalk. He said that when there is ice and snow on the sidewalks he has to walk in the street. Mr. Sullivan summed up and stated that the applicant would like to utilize his property; not for a house but for a permitted use on that lot. He said that the same neighbor shows up every time someone came before this Board to do something with this lot. Mr. Sullivan said that the applicant has agreed to compromise and make more onsite parking and more buffering between the commercial and residential lots. He said that the applicant has met the statutory criteria. Chairman Buechler stated that it was 11:00 pm and that he is going to recommend that this application be caitied over to the next

tial lots. He said that the applicant has met the statutory criteria. Chairman Buechler stated that it was 11:00 pm and that he is going to recommend that this application be caitied over to the next regular mecting held on November 20, 2014 so that the Board Members have time to review their notes. He said that this item will be first on the agenda for the Board to deliberate and there will be no further testimony. The Board agreed to adjourn the matter for decision until the next meeting on November 20, 2014. Chairman Buechler announced for the record that no further notice will be required. The meeting was adjourned by Chairman Bucchler at 11:04 pm. Adopted: b /2 3 aff Rose DeSena 11