October 15, 2015

Mr. Steck stated that he would like to continue with his testimony. He said that because the portion of the site in the PURD zone used to be a quarry the extreme hardship is from the topography. Mr. Steck stated that this development encourages the most appropriate use of the land. He said they are proposing a new building and parking lot and the aesthetics will be a benefit to the area from an economic development point of view. Mr. Steck detailed the positive and negative criteria and stated that the special reasons are satisfied and the application can be approved without detriment to the public good. There were no further questions for Mr. Steck from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Steck. Mr. Rolnick approached the podium and stated that he lives at 545 Boulevard in Westfield New Jersey. He asked Mr. Steck if there was a way to improve the soil to absorb the water between the two properties; he said that he cannot answer that question. There were no further questions for Mr. Steck. Chairman Buechler stated that there are changes to the plans that he would like to see before the Board deliberates. He said that he will open up the meeting for public comment and then continue the hearing to the 11/19/15 regular meeting. Chairman Buechler asked if any members of the public had any comments. Lawrence Rolnick approached the podium and was sworn under oath. He said that the prior owner of the property was discharging water off of the cliff which resulted in a lawsuit. Mr. Rolnick said that an agreement was made between the prior owner of the property and the prior owner of the adjoining property, that he is currently a partner in, which diverted the water to his property. He said that an easement was supposed to be filed and that was never done. Mr. Rolnick said that they are worried about soil sediment running off with the water runoff when construction begins and are requesting additional buffering that would absorb this water runoff. Mr. Rolnick said they would also like them to enclose the HVAC units for the aesthetics. Mr. Williams asked Mr. Rolnick when he purchased the property; he said two years ago. Mr. Williams asked Mr. Rolnick if he was aware that the prior owner was tied into their drainage system; he said he knew something was agreed upon. Mr.

purchased the property; he said two years ago. Mr. Williams asked Mr. Rolnick if he was aware that the prior owner was tied into their drainage system; he said he knew something was agreed upon. Mr. Rolnick said that the prior owner of his building gave the prior owner of the diner permission to tie into his system with a condition to replace the trees and shrubs that he removed but he never did. Mr. Williams said that any issues Mr. Rolnick had was with the prior owner and this does not apply. He said this was all done prior to his client buying the property. 12