June 20, 2019

Chairman Neuer resumed the meeting at 9:35 pm. 2. ZB-17-11/Youssef, Inc. Carried from 4/11/19 Block: 111; Lot: 1.06; Zone: B-2 438 Eagle Rock Avenue Seeking a ‘d” variance and “c” variances to permit the construction of a convenience store and other changes to the site. EXHIBITS A-1 — Sheet C-03 of the colorized site plan dated 6/29/18 Michael Oliveira, attorney for the applicant, approached the podium. He stated that his client last appeared on January 17, 2019 and stated who will be testifying at this meeting. Chairman Neuer stated that he has reviewed the deed submitted by the applicant and there are deed restrictions and engineering requirements on pages three to five of the deed that are relevant to this application. Chairman Neuer advised Mr. Oliveira that the Board is going to need further information regarding the environmental conditions and how this construction may impact it. He said that he would like to have their Licensed Site Remediation Professional (LSRP) appear to testify regarding this matter because he has some concerns about what it in the ground and in the ground water. Mr. Oliveira stated that he has four (4) copies of the Response Action Outcome (“RAO”) dated 12/15/16 that was issued for the site. Chairman Neuer stated that this RAO was prepared by Andrew Thomas, a licensed LSRP, has replaced the no further action letter from NJDEP. Mr. Oliveira called his first witness. Abnan Kahn approached the podium and was sworn under oath. Mr. Kahn was previously accepted as an expert in engineering; he presented a colorized version of sheet C-03 of the site plan dated 6/29/18 that was marked as Exhibit A-1 for identification. Mr. Kahn detailed the application and referred to Exhibit A-1 and detailed the site plan. Mr. Kahn stated that they revised the original plans based on comments from the Board and the Board Engineer and issued revised plans dated 2/14/19. He said that they originally proposed twenty six (26) parking space which were required; they have eliminated six (6) parking spaces. Mr. Kahn said the new proposed number of parking spaces is now twenty (20). Chairman Neuer asked Mr. Oliveira if he wanted to amend the application requesting a variance for the parking spaces; he replied yes. The amendment was accepted by Chairman Neuer.