March 26, 2015

Vice Chairman Neuer asked Mr. McDonough if he thinks it is appropriate to sell cigarettes in the store in an area highly populated with children and young adults; he said that it is against the law to sell cigarettes to minors. Vice Chairman Neuer stated that the phrase “lot line adjustment” has been used by Mr. McDonough and Ms. Porter. He said that he went through the Municipal Land Use Law and the Cox book and he did not see anything about “lot line adjustment”. Mr. McDonough agreed but stated that it is a phrase used in these situations. Vice Chairman Neuer asked Mr. McDonough if he knows the definition of a subdivision according to the Municipal Land Use Law; he replied yes. Mr. McDonough said that it is the division of one lot into two lots or multiple lots. Vice Chairman Neuer asked Mr. McDonough if the definition of a subdivision includes a lot line adjustment; he replied yes. Vice Chairman Neuer asked Mr. McDonough if it says that in the statute; he replied no. Ms. Porter stated that the application is for a major subdivision and that it meets that definition in the Land Use Law. : Vice Chairman Neuer stated that he could not find lot line adjustment and questioned why they did not just use the phrase subdivision of the property. He asked Mr. McDonough if the subdivision of the property is what is triggering most of the variances; he replied yes. Vice Chairman Neuer presented a copy of the major subdivision plan, dated 8/23/13, that was submitted with the application. He said that he took this plan from the Board Secretary’s file. Vice Chairman Neuer referred to the major subdivision plan and pointed out the proposed lot line on lot 26. He said that the lot line on the plan is clearly visible. Vice Chairman Neuer asked Mr. McDonough why he called the lot line an invisible lot line; Mr. McDonough said it was from a physical planning standpoint. ‘Vice Chairman Neuer stated that Mr. McDonough’s testimony was that they cannot move the building and this is why the building is right on the lot line. He said that you are creating a set back with a building in that lot line. Vice Chairman Neuer said there is no physical reason why you cannot move the lot line 10” to the west; Mr. McDonough said that the curb line is going to provide a separation. Vice Chairman Neuer asked Mr. McDonough if conditional uses should be permitted in a B-2 zone; he

the lot line 10” to the west; Mr. McDonough said that the curb line is going to provide a separation. Vice Chairman Neuer asked Mr. McDonough if conditional uses should be permitted in a B-2 zone; he said from a planning standpoint, no. Mr. McDonough said of multiple uses, he does not see a problem with one of them being a conditional use. Vice Chairman Neuer asked Mr. McDonough if he was the Planner in the Jazzy Xpress case in South Plainfield that he cited during his testimony; he replied yes. Vice Chairman Neuer asked