July 14, 2011

the principal applicant. Dr. Cappiello stated her professional and educational background and that she lived in West Orange all of her life. Dr. Cappiello went on to explain that her current facility does not serve her needs and is a substandard facility. She stated that she only has outdoor runs now and wants indoor ones and she has many other ways that she can improve her services to her clients. Dr. Cappiello stated that The Animal Hospital Association of America certifies animal hospitals and she does not qualify at this location to be part of the Association. She said that pet owners have to go outside of West Orange to hospitalize animals over 120 pounds because she cannot hospitalize them at her present facility. Dr. Cappiello also stated that she has been looking for a new facility since 1992 and the proposed site is something she would own in an appropriate location, Mz. Davis presented photos to the Board. Chairman Neuer asked Dr. Cappiello if she took all of the photos and she replied yes that they were taken in the summer or fall of 2010. He also asked if they accurately depict the property at that time and she replied yes. Chairman Neuer asked Ms. Dillon to mark them and enter them as exhibits. Dr. Cappiello went on to describe the photos, Chairman Neuer clarified that Dr. Cappiello does not own the property yet; she is under contract to buy it. Mr. Buechler questioned site plan approval and Chairman Neuer stated they are not asking for site plan approval at this time. He also said that the photos they are looking at now are not applicable for the use variance that they are asking for. Mr. Davis stated that they were asked to submit photos of the site and they did. Chairman Neuer stated that the application in front of them asks for site plan approval because it was checked it off. He stated that if they want to amend the application they have to ask for it. Mr. Davis stated that he previously submitted a letter to Ms. Borg, explaining that they wanted the application bifurcated. Mr. Davis asked that the application be amended for only a use variance. Chairman Neuer stated, for the record, the application is amended and for only ause variance. He also stated that if the Board approves this then the applicant will come back to apply for the other variances. Mr. Buechler stated that they are only dealing with the present lot and if they come

He also stated that if the Board approves this then the applicant will come back to apply for the other variances. Mr. Buechler stated that they are only dealing with the present lot and if they come back with a site plan for the adjoining lot, then they will need a use variance for the other lot also. Mr. Davis said they understood that. Ms. Gabry pointed out that there was an affidavit in the application package stating that the closing on the property is contingent on the approval of the application. Chairman Neuer instructed the Board to address the bifurcated application for the use variance to use this property as a veterinarian hospital. Mr. Davis asked Dr. Cappiello what services she will perform there. She stated that she will do whatever she does now with a bigger and better facility. Mr. Davis asked if she will board animals there and she replied that she does that now. Dr. Cappiello stated that