August 20, 2015

There were no questions for any of the Professionals from the Board Members, Board Professionals or members of the public. Mr. Meese made his closing statements and asked the Board to approve this application. Chairman Buechler stated that condition #1 of the original resolution remains; condition #2 is released on record; condition #3 remains and condition #4 is deleted. Chairman Buechler stated that the flag must be maintained and he asked for a motion to approve. Vice Chairman Neuer approved the application with the conditions stated by Chairman Buechler from the original resolution that will remain. Mr. Sussman seconded the motion. The vote was as follows: Bullock: Yes Schwarzbaum: Yes Gabry: - Steinhart: - D. Nash: - Sussman: Yes Neuer: Yes Weiss: Yes Quentzel: Yes Chairman Buechler: Yes Chairman Buechler called for a recess at 9:30 pm. Chairman Buechler resumed the meeting at 9:40 pm. 3. ZB-15-02/172 CSI Corp. t/a Black & White Taxi Company 44 Washington Street Block: 118; Lot: 40; Zone: B-1 Seeking site plan approval and a “D” variance for the establishment of a taxi cab business in an existing garage. EXHIBITS A-1— Survey & Parking Plan - Sheet 1 of 4 with a revision date of 4/29/15 A-2 — Photo Board A-3 — Floor Plan & Elevation — Sheet 2 of 4 with a revision date of 6/22/15 A-4 — Lighting Plan - Sheet 4 of 4 with a revision date of 6/16/15 A-5 — Photograph A-6 — Photograph (not submitted) A-7 — Photograph (not submitted) A-8 — Photograph (not admitted) 11

Mark S. Winter, Esq., attorney for the applicant, approached the podium. Mr. Winter detailed the application stating that the property is located in a B-1 zone and that they are requesting a use variance and site plan approval to establish a taxi cab business. He said that commercial uses and businesses are allowed in a B-1 zone but a motor vehicle service station is not allowed. Mr. Winter stated that there is no change to the existing footprint of the building and that the property is well suited for this use. Chairman Buechler asked Mr. Winter if there are any gas pumps on the site; he replied no. Chairman Buechler asked Mr. Winter if his client owns any other taxi cabs in other locations; he replied yes. Mr. Winter called the Architect as his first witness. Thomas F. Ercolano approached the podium and was sworn under oath. Mr. Ercolano detailed his background as a professional Architect licensed in three states and in the State of New Jersey. He said that he has testified before Boards at least one hundred (100) times in the past. Chairman Buechler accepted Mr. Ercolano as an expert in Architecture. Mr. Winter asked Mr. Ercolano if he has been to the site; he replied yes. Mr. Winter asked Mr. Ercolano if he prepared the site plan; he replied yes. Mr. Ercolano presented the survey and parking plan. Chairman Buechler stated that sheet one of four of the survey and parking plan with a revision date of 4/29/15 has been pre-marked as Exhibit A-1 for identification. Mr. Ercolano referred to Exhibit A-1 and detailed the surrounding area and the existing site. Mr. Ercolano presented a photo board. Chairman Buechler stated that the photo board was pre-marked at Exhibit A-2 for identification. Chairman Buechler asked Mr. Ercolano if he took the photographs; he replied yes. Chairman Buechler asked Mr. Ercolano if the photographs are accurately depicted; he replied yes. Mr. Ercolano said that he took the photos in the spring of this year and then returned to the site two weeks ago. Mr. Ercolano referred to Exhibit A-2 and detailed the photographs. Mr. Ercolano presented sheet two of four of the floor plans and elevations. 12

Chairman Buechler stated that sheet two of four of the floor plans and elevations with a revision date of 6/22/15 was pre-marked as Exhibit A-3 for identification. Mr. Ercolano referred to Exhibit A-3 and detailed what is existing and what they are proposing. Mr. Winter asked Mr. Ercolano to discuss the variance table. Mr. Ercolano referred to Exhibit A-1 and detailed all of the variance being requested. Mr. Ercolano detailed the changes that were made to the original proposal that Omland Engineering recommended in a memo dated 6/10/15. Mr. Ercolano said that the Township’s Engineer also requested that the applicant provide landscaping in front of the existing chain link fence in front of the Wigwam Brook. He said that he disagrees because you cannot provide any type of landscape in that area and suggested that they replace the chain link fence only. Mr. Russo stated that the area Mr. Ercolano is talking about is Township property and the Town would like the applicant to confine all site improvements to their property only. Vice Chairman Neuer stated that this is not the applicant’s problem and they do not have to provide any landscaping or replace the chain link fence. He said that the Town does not want them using their property. Mr. Winter asked Mr. Ercolano if this site is adequate for this use; he replied yes. Mr. Winter asked Mr. Ercolano if the applicant is seeking any design waivers; he said they are requesting two design waivers. Mr. Ercolano referred to Exhibit A-2 and said that the four (4) parking spaces in the front of the building are going to remain. He said that they re-configured the direction of the five (5) parking spaces in the front of the site per Omland Engineering’s recommendation. Vice Chairman Neuer said that even though the four (4) parking spaces in front of the building was a prior use, he feels it should be a variance. Mr. Winter said that it is a pre-existing non-conforming use but he will amend the application and add the variance for the parking spaces. Mr. Ercolano said that they are also asking for a waiver for the lighting standards for the level of the foot candles. He said that the foot candles are a very high requirement by Town Ordinance and they would like to lower them. Mr. Bullock asked Mr. Russo if lowering the lights would be appropriate for this site; he replied yes. 13

Vice Chairman Neuer stated that the Police should comment on the lighting being proposed. Chairman Buechler asked Mr. Winter if this is going to be a 24 hour operation; he replied yes. Chairman Buechler instructed the Board Secretary to reach out to the Police Chief and ask to have someone from the Police Department survey the site to make sure there is adequate lighting being proposed in the front and the rear of the building. Mr. Bullock asked if anyone knew if there was a taxi cab business in this town at one time; the Board Secretary responded yes. Mr. Russo stated the applicant satisfied all of the recommendations made in their memo dated 6/10/15 except one concern regarding the small inlets in the back of the building that empty into the Wigwam brook. Mr. Ercolano said that there will be no spills into the brook. He said there are no hydraulic lifts and no floor drains in the building. Chairman Buechler asked Mr. Ercolano if there will be a paint booth in the building; Mr. Winter replied to that question and said he does not believe so. Mr. Sussman asked Mr. Ercolano how many automobiles they will be using; he said he thinks twenty five (25). Mr. Grygiel asked Mr. Ercolano if they are proposing screening around the trash enclosure; he said that the entire property is fenced in and screened in. Mr. Grygiel asked Mr. Ercolano if the trash enclosure is visible when the gate is open; he replied yes. Mr. Grygiel asked Mr. Ercolano if they can put any additional landscaping on the site; he said it is possible. There were no further questions for Mr. Ercolano from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Ercolano. John McElroy approached the podium and stated that he owns a business located at 52 Washington Street. Mr. McElroy asked if the “d” use variance is for the auto repair and not for the taxi cab use; Mr. Grygiel said that his memo stated that the “d” variance is for a taxi company, office and auto repair. 14

Mr. McElroy asked Mr. Ercolano to explain the issue regarding the chain link fence; he said that the Town asked the applicant to remove it and provide landscaping there. Mr. Ercolano said that they were proposing to remove the wrought iron fence and replace the chain link fence. Mr. McElroy stated that the cars parked in the front parking spaces have to back out to Washington Street currently. He asked Mr. Ercolano if they can change the flow or improve that; he said that there are only a few movements. Mr. McElroy asked Mr. Ercolano if landscaping in front of the Wigwam brook would soften the look of that property; he said no he cannot landscape there. Mr. McElroy asked if the front gate opens to the property line; he said no. Mr. McElroy referred to Exhibit A-2 and asked if one of the parking spaces will block the front gate; he said yes but a car can still get in and out. Mr. Winter asked Mr. Ercolano how wide the gate opens; he said approximately 30 feet. Mr. McElroy asked Mr. Ercolano if the existing bathrooms are ADA compliant; he replied no. Mr. McElroy asked Mr. Ercolano if they are required to be ADA compliant; he replied no. Chairman Buechler asked Mr. Ercolano if a customer comes into the building to utilize the bathroom then ADA is required. Mr. Ercolano said that pre-existing bathrooms are allowed to remain and not required to be ADA compliant. Mr. McElroy asked Mr. Ercolano if any trees are being proposed; he replied no. Mr. McElroy asked Mr. Ercolano if the front door will be ADA accessible; he replied yes. Mr. McElroy asked Mr. Ercolano if the fencing in the rear of the building is on the ground or on the wall; he said on the wall. Mr. McElroy asked Mr. Ercolano if they are proposing screening on the fence; he said there is screening on the fence now. Mr. McElroy asked Mr. Ercolano if there are any floor drains on the inside of the building; he replied no. Mr. McElroy asked Mr. Ercolano what will happen when they wash the taxi cabs; Vice Chairman Neuer stated that there is nothing in the plans for washing the taxi cabs. Mr. McElroy said that would be an operational question. 15

Mr. McElroy asked Mr. Ercolano if there are lifts in the building; he replied no. Mr. McElroy asked Mr. Ercolano how they will do auto repairs without lifts; he said they might use jacks. Mr. McElroy said that is also an operational question. Mr. Russo stated that the plans show a 20’ gate. Mr. Ercolano said that is not accurate. Mr. Russo stated that the plans need to be cleaned up. Chairman Buechler stated that they need to measure the gate exactly. Chairman Buechler noted the time and stated that the meetings end promptly at 11:00 pm. Chairman Buechler stated that this application will be carried over to the regular Zoning Board meeting held on September 17, 2015 and that no further notice will be necessary. Chairman Buechler asked Mr. Winter to sign the continuance form and said that all modified drawings must be submitted at least ten (10) days before the hearing. The meeting was adjourned by Chairman Buechler at 10:48 pm. i. He DeSena Zoning Board Secretary Adopted: September 17, 2015 16