Filing Letter to Board in Response to M Bennett Email with Exhibits 12 02 2024

December 2, 2024 Page 5 C. Planning Board Procedure Pursuant to the MLUL, while the technical rules of evidence are not applicable to the hearing, the planning board may exclude irrelevant, immaterial or unduly repetitious evidence. N.J.S.A. 40:55D-10e. Based on this authority, we respectfully request that the Planning Board reject any objections to the Application based on alleged liquor licensing issues, and exclude any questions and/or evidence related to the liquor licensing of the Property during the public hearing as irrelevant to the Application. It is submitted that the power to control and regulate the sale of alcohol is reserved for other regulatory bodies pursuant to the New Jersey Alcoholic Beverage Control Act, N.J.S.A. 33:1-1 et seq., and the Planning Board lacks jurisdiction to control same. The Applicant also respectfully requests that the Applicant be afforded the opportunity to present each of its witnesses without interpretation by the Objector or other interested members of the public. To that end, we request that the presiding officer utilize his/her discretion pursuant to N.J.S.A. 40:55D-10d to not elevate the Objector or other interested members of the public as panelists during the hearing until the Applicant has finished its questioning of each individual witness, and the Planning Board has finished its questioning of each individual witness. At that time questions of the witness and/or objections may be made by the Objector or other interested members of the pubic in the normal course. D. Conclusion For the reasons set forth herein, the Planning Board has proper jurisdiction over the Application, and the Objector’s claims are wholly without merit. Accordingly, the Application should be permitted to proceed to a public hearing on December 4, 2024 as scheduled. Very truly yours Lisa A. John-Basta Member LAJ:bs Encls. c: Ms. Diana McGovern, Board Attorney (via email) Ms. Micaela Bennett (via email) 4904-2272-4354.v1