February 16, 2017

Peter Steck approached the podium and was sworn under oath. Mr. Steck detailed his educational and professional experience as a licensed Professional Planner in the State of New Jersey. Chairman Neuer accepted Mr. Steck as an expert in professional planning. Mr. Steck stated that he prepared a report dated December 19, 2016 that was submitted to the Board Members. Mr. Steck stated that the site for the proposed daycare is on a half-acre lot and located directly across from an elementary school. He said that there is no signage being proposed or changes to the exterior of the house and he detailed the interior space that will be utilized for the daycare. Mr. Steck stated that there will be twenty (20) individuals per day at the daycare; he said if a child leaves midday it will take away traffic from the afternoon peak hour. Mr. Steck said that the main activity in the neighborhood is from the elementary school and that there is also an existing family daycare on Ralph Road that has five (5) children. He said that a family daycare can have up to five children and does not need Board approval. Mr. Steck stated that the proposed daycare is in an R-4 zone that allows one family homes; he said a home occupation is allowed in that zone along with public and private schools. Mr. Steck said that the applicant is proposing a daycare center in a single family home which is not permitted in that zone. He said that the proposed daycare is a second principal use on the property. Mr. Steck continued his testimony and stated that the applicant is requesting variance relief from the required number of parking spaces and that curbing in the driveway is also not being proposed. Mr. Steck stated that the proposed family daycare is an inherently beneficial use and read the applicable section of the Municipal Land Use Law designating a family daycare as an inherently beneficial use. Mr. Steck detailed the importance of daycare operations as stated in the Municipal Land Use Law and that this application does not have to satisfy the negative criteria. Mr. Steck described the four-step Sica test for an inherently beneficial use and stated his opinion that this application meets the criteria.