February 16, 2017

Ms. Moore said that Ms. Piacenza does have the credentials to be the owner; she needs a head teacher for the daycare to function. Mr. Ozarow asked Mr. Steck if his testimony regarding the daycare being an inherently beneficial use is a presumption; he said no. Mr. Steck said that is the definition in the Municipal Land Use Law. Mr. Ozarow asked Mr. Steck if there were one hundred daycares on Manger Road would it still be an inherently beneficial use; he said yes. Mr. Ozarow asked Mr. Steck if he felt the site was suitable for a daycare; he said yes. Mr. Ozarow asked Mr. Steck if he felt the daycare would be a detriment to the neighborhood; he said no. Mr. Steck said that if the Board determines that it is a detriment then they can deny it. Mr. Ozarow asked Mr. Steck if someone lived next door to a daycare that had twenty (20) toddlers would that be considered a detriment; he said in his opinion no it would not. Mr. Steck said that the daycare workers would keep the noise down and there would not be twenty (20) children outside at one time. Mr. Grossman asked Mr. Steck if the applicant will be cooking on the site; he said that the applicant testified that there will not be any cooking on the site. Mr. Steck said that he believes that food will be stored in the daycare area. Tal Ben-Zvi approached the podium and stated that he lives at 5 Allsop Court. He asked Mr. Steck to testify as to the hardship for the parking variance. Chairman Neuer stated that the traffic expert testified to that; not Mr. Steck so that Mr. Steck is not required to answer. Mr. Steck stated that the positive criteria is satisfied subject to the Sica test. There were no further questions for Mr. Steck. Chairman Neuer called for a recess at 9:24 pm.