THE FACILITY 2, LLC, Preliminary/Final Site Plan 897 with Use Variance 3355, Block 18201, Lot 36.01, 29, 30 31, and 35. 253 Hawkin Road. Salvatore Alfieri, Applicant's attorney, stated that because the Board wants the two lots combined together, it's causing a strain on the Gennusa family obtaining financing. They'd like to separate the two lots and prepare a declaration stating that if the business were sold or if Mr. Gennusa moved out of the home, then the approval that was granted would be voided. Mr. Hurley asked if the new members were eligible to vote on this tonight. Mr. Murphy stated that they are certified to vote. Ms. Parnes asked Mr. Murphy of the legality of such a document. Mr. Murphy stated that the declaration may not be enforceable in a court of law. Mr. Alfieri stated if this were granted and if this were challenged by anyone, then it would revert back to the original approval. Mr. Hurley asked if the declaration is accepted and hypothetically Nick moves out, do we throw out the new homeowner? Mr. Alfieri explained that the Board can shut down the business. Mr. Hurley stated there are too many practical problems. What happens if the new owner wants to run snowmobiles there? Mr. Hurley asked if the applicant would consider separating the two properties and putting the business on one and the house on the other. Would the business property would have septic and structures to house the vehicles. Witness No. 1, Nick Gennusa, Applicant, duly sworn, testified that the business side doesn't need structures because every rider brings their own equipment. Mr. Murphy stated that he believes Mr. Hurley's idea to put a structure on the commercial side would help this situation. Mr. Riccardi stated that it might be better because of insurance purposes. Mr. Gennusa stated that he doesn't want to put any permanent structures on the commercial side (i.e. septic system) because this is a use variance. Mr. Riccardi asked about the check-in process for the riders. Mr. Alfieri asked to return with an engineer's plan showing the sign-in process and the keyless gate for the benefit of the new members. The Chair stated she was having difficulty with the application. Mr. Murphy recommended that the Applicant prepare a declaration and return. Application carried to January 3, 2024 and will re-notice and time is waived.

CHANA SIEGEL/YOTZER OHR LAKEWOOD, a Nonprofit, Reconsideration of Denial for Use Variance 3411, Block 21501, Lot 26, 950 M applehurst Avenue. Mr. Hudak was not eligible to vote because he did not review the hearing. Donna Jennings, Esq., Applicant's attorney, stated the Applicant still wanted to proceed. This is a bifurcated application. Amelinda Lopez, court reporter, Hudson Reporting, hired by the Applicant to stenographically record the application. Ms. Jennings stated that this application was heard back in June. She believes the Board made some errors in its deliberations then and addressed it in a letter to the Board. First, a school is considered inherently