7 2 25 WO PB Draft Minutes

15 ● When looking for C variance relief, they have to show that the benefits of the application as a whole substantially outweigh the detriments. In this case, the application as a whole advances purpose A, G, I and M of the Municipal Land Use Law and Mr. McDonough testified that there were no detriments. ● While they did not provide a shadow study, that's not something that's required. It's nowhere in the township ordinance and they've heard no testimony from anyone that's qualified to present such testimony as to the impact of shadows on this property. For those reasons, they believe that they've satisfied the board to grant C variance relief. ● There was one comment in connection with the density and that comment should be disregarded as that was discussed and the town planner put his opinion on the record that a density variance was not required. Therefore, this board does have jurisdiction. ● It is requested that this application be granted. BOARD COMMENTS ● Mayor McCartney said she understands the applicant is dealing with pre-existing conditions which were heard through the residents adjacent to the property. Mayor McCartney understands how difficult that is and hopes that what the applicant, Mr. Cox, stated that he would work with the adjacent property owner is true and will lead to an amicable resolution. Mayor McCartney appreciates Ms. Bullock showing the properties from the North and the South, even with the additional story it is still under the height requirement at 34 feet. However, it would still create shadows to the other buildings. Mayor McCartney appreciates the investments and improvements on Main Street. ● Mr. Alper states he thinks one of the harder things they do is weighing the benefits and detriments in a C variant situation. There are clear benefits to the community, especially property improvement. Mr. Alper thinks it would have been more helpful to have some sort of data of a shadow study such as knowing at what times the shadows are at their worst. Instead, they are having to go off more of a gut-sense of where things are and those frustrations are noted. Mr. Alper thinks there are real benefits to downtown. ● Councilwoman Scarpa said she is sorry that the concerns of the residents have been minimized and that no shadow study was completed to determine the effect on the neighbors only 10 feet away. Their valid concern as to the

aid she is sorry that the concerns of the residents have been minimized and that no shadow study was completed to determine the effect on the neighbors only 10 feet away. Their valid concern as to the impact and the impairment of the value of their homes is a real concern. Councilwoman Scarpa states she cannot support this. CONDITIONS ● See resolution for conditions. Motion: Mr. Guarino Second: Mr. Cardoza Alper: Y Morgan: --- Bagoff: Y Scarpa: N Cardoza (Alt.2): Y Noborine: --- Guarino: Y Wilkes: ---- Kapferer: Y