April 20, 2023 Regular Meeting

- Ms. Woolley Dillon started testimony by referencing 1) — 2) No burden of proof 3) Applicant did not notice for D5 variance (density needed and not noticed). 143 welling units beds and well beyond each (295 NJ Supreme Court 234 1996 Appellate Division) 4) Ms. Woolley Dillon testified further stating that this application is not beneficial. The context is sensitive in number. For example, a church is not an inheritable use. The number of types of uses in the state as of November 5, 2022. In Essex County, 63 types of use applicants need a use variance, height variance, and size variance especially if not considered inherently beneficial. - Planned Obscalisneces are responding to something from ten years ago. There is not enough off-street parking; No Electric vehicle charging stations in the loading zone. She referenced the traffic parking section of her planning report. Mr. Geneslaw objected as Ms. Woolley Dillon has not been qualified as a traffic expert. Ms. Woolley Dillon testified further stating that the signage requires variance relief. She also stated that even though DOI is existing as a non-conforming use with anticipation for obsoletion as the Master Plan has never been changed. - a: municipal guide doesn’t need variance relief and is not appropriate - b: protect man-made and natural spaces - ¢: substantial deficient - ¢: application needed for population density - g:avariety of uses (i.e. golf courses are a permitted use) - i: desirable visual is half stories and will tower over anything and tremendous drop and at the same level as houses - Jj: conservation of site; strain ; - Ms. Woolley Dillon testified in regards to “suitability density” and said that with this application Daughters of Israel is utilizing eight times the permitted space that the 2004 Master Plan Reexamination allows. The way this could have been rectified would have been to create an appropriate development and this municipality has been inactive in changing this part of the Master Plan - Inregards to the Environment and Open Space/Steep Slopes “View Sheds” preservation would be about the impact on surrounding homes. Cited Price v. Himeji 214 NJ 263, 292- 293 (2013) - Waivers and variances were not advertised or applied for and benefits would not outweigh the negative criteria. - Chairperson Neuer asked Mr. Geneslaw about noticing and Mr. Geneslaw said that

13) - Waivers and variances were not advertised or applied for and benefits would not outweigh the negative criteria. - Chairperson Neuer asked Mr. Geneslaw about noticing and Mr. Geneslaw said that he finds it appalling that this is being addressed at the tenth hearing. - Mr. Grygiel said that there is no mention of a D5 variance in any of his reports. Ms. Beirne said that if a D5 is not required, there is no problem in continuing with the hearing this evening. - Chairperson Neuer said that unless there is an issue from Mr. Grygiel and/or Zoning Official, Ms. Gary-Adams, Mr. Webster can bring it up at a later time. The report will be in the file but will not be in evidence. BOARD QUESTIONS