October 20, 2016

Mr. Schwarzbaum stated that he disagrees. He said that cleanliness of a property is not contingent on granting a variance. Mr. Schwarzbaum said that there is no logic to this and the applicant has an obligation to clean up the property regardless. He said that he would not approve this. Ms. Nash stated that she agrees with Mr. Schwarzbaum. Chairman Neuer stated that he echoes Mr. Schwarzbaum’s commentary. He said that he has not heard one reason why the property has not been maintained since the applicant purchased it. Chairman Neuer said that this is a self-created hardship because they chose not to get a home inspection when they purchased the property. Chairman Neuer stated that twenty eight (28) variances is very meaningful and that the purpose of the Zoning Board is to uphold the zoning ordinance. He said that the business will continue to operate and the applicant can collect rent even if the application is not approved. Chairman Neuer said that the Urban case was cited in Mr. Petry’s report but that case has no basis on this application. He said numerous Superior Court decisions do not favor the expansion of two non-conforming uses. Chairman Neuer said that, according to Land Use Law, better zoning is the basis for an approval and receiving money is not better zoning. He said that the Zoning Board must uphold the zoning ordinance and that he urges his fellow Board Members to vote no. Chairman Neuer asked for a motion. Vice Chairman Buechler made a motion to deny the application; he said that the applicant did not meet the “D” variance criteria. Chairman Neuer seconded the motion to deny the application. The vote was as follows: Buechler Yes to deny Schwarzbaum: - DarConte: No to deny Steinhart: No to deny Gabry: No to deny Sussman: Yes to deny D. Nash: - Weiss: No to deny Quentzel: - Chairman Neuer: Yes to deny The vote was 3 — 4; the motion did not carry. Ms. Weiss stated that she would like to make a motion to approve the application with the following conditions: Landscaping on entire site Survey to show no easements or restrictions Add spot shots on the residential lot Provide screening on the southerly side of the property Change the driveway gate to a slide gate Cleanup of the site to be done in a short period of time 10