October 20, 2016

was seeking to separate two uses in order to create a “saleable” residential lot. Mr. Petry detailed the negative and positive criteria and stated that the sizes of the lots in the neighborhood were comparable to this site. He said that the variances can be granted without any substantial detriment to the neighborhood or impair the zoning ordinance. Mr. Petry said that the improvements to the site will enhance the neighborhood and that the owner is bringing the site further into conformity with this neighborhood. There were no further questions for Mr. Petry from the Board Professionals. There were no questions for Mr. Petry from any members of the public. Chairman Neuer called for a recess at 9:37 pm. Chairman Neuer resumed the meeting at 9:47 pm. Chairman Neuer opened the floor up for questions from the Board Members. Mr. Schwarzbaum asked Mr. Petry, in regards to the improvements being made, if the benefits to the community outweigh the financial benefits; he said that the improvements being made are beneficial to the lots. Mr. Sussman asked Mr. Petry if his testimony is that by making two non-conforming lots from one non-conforming lot will make the site more aesthetic plus the owner would have financial benefit; he said that is one way of describing it. Mr. DarConte asked Mr. Petry if they could curb the parking spaces; he said no. Mr. Petry said that they are proposing a gate at the driveway entrance and that a gate would not open over the curb. Chairman Neuer advised Mr. DarConte that he could impose a condition upon approval that the applicant install a slide gate and provide landscaping in that area. Mr. Steinhart asked Mr. Petry if, in his opinion, the sub-division did cause a negative impact would it be measurable to the surrounding neighborhood; he said that he does not think so. Mr. Steinhart asked Mr. Petry if this mitigates the current negative impacts of this property; he said that any improvements benefit a property. Mr. Steinhart asked Mr. Petry if his testimony is that this will make a positive impact on the neighborhood; he replied yes. Chairman Neuer asked Mr. Petry if zoning should be accomplished by zoning and not variances according to the Land Use Law; he replied yes. Mr. Williams called his next witness. Tom Critella approached the podium and was sworn under oath. He stated that his wife is the applicant and he is

s according to the Land Use Law; he replied yes. Mr. Williams called his next witness. Tom Critella approached the podium and was sworn under oath. He stated that his wife is the applicant and he is the general manager of the business. Mr. Critella stated that the business is basically a wholesale business but they do get walk-in 8