July 18, 2019

Chairman Neuer stated that the Board had requested the applicant produce the Licensed Site Remediation Professional (LSRP) who exercised jurisdiction and oversight as to this property to testify at this meeting but he declined to come because he did not want to testify for the owner. Chairman Neuer stated that this Board has the authority to issue a subpoena to have the LSRP appear and testify and asked the Board Members by show of hands if they wanted to do that; all were in favor of not issuing the subpoena. Chairman Neuer made a recommendation to vote on this application tonight and offered a motion to approve with the following conditions: Solar Panels to be installed on the canopy and the roof of the proposed building. Fuel deliveries be limited to strictly between the hours of 9:00 pm and 6:00 am. Comply with all requirements set forth in the bargain and sale deed dated 4/13/12. Comply with the matters set forth in the Response Action Outcome dated 12/15/16 by Andrew Thomas, LSRP commencement of and throughout construction. Instsall a backup generator on the site in the event of a power failure. ¢ Signage details to be provided on the final set of plans. e Environmental restrictions and required engineering controls shall be recited on the final plans. e Final Plans shall recited the conditions of approval. Ms. Gabry seconded the motion to approve the application with said conditions. The vote was as follows: Eben: No Steinhart: Recused Gabry: Yes Straker: - Phillips Yes Sussman: - Quentzel: Yes Weiss: Yes Redwine: - Chairman Neuer: Yes Schwarzbaum: Yes 2. ZB-19-03/Morris Union Holdings, LLC Block: 155, Lots: 26 & 29; Zone: OR 347 Mt. Pleasant Avenue Seeking a “‘d” use variance and “c” variances for parking spaces to construct a surgery center on the premises of 347 Mt. Pleasant Avenue. EXHIBITS A-1 — Schematic Site Plan dated 6/7/19. A-2 — Floor plans for the outpatient surgery center tenant fit out dated 5/28/19. A-3 - First floor elevator plan — existing/proposed. A-4 - Planning Exhibit (zone chart) for 347 Mt. Pleasant Avenue. Chairman Neuer stated that Dr. Straker and Mr. Eben are recused from hearing this application and each stepped off the dais.