October 18, 2012

Ms. Gabry asked Mr. Petry if they had tiered the wall would they have needed more space or run out of real estate; Mr. Petry said there was plenty of room to tier the wall. He said that in order to tier the wall it would be another 12’ up the hill and they would have had to disturb more of the slope. Mr. Petry said that by constructing a single wall you are disturbing less of the slope. Mr. Bullock asked Mr. Petry if he thinks the wall is solid; Mr. Petry said that he visually inspected it for plumbness and that he saw no bulges in the wall. He said that he believes the wall was constructed correctly. Mr. Vena called his next witness, the Applicant, Harvey Bell. Harvey Bell approached the podium and was sworn under oath. Mr. Vena asked Mr. Bell how he initiated the project. Mr. Bell stated that he has children and wanted a play area for them. He said contracted a local contractor, who did work for his neighbors, for the job. Mr. Vena asked Mr. Bell if he had a signed contract with the Contractor; Mr. Bell said yes. He said that the Contractor, Ernest & Sons, said they would handle everything. Mr. Vena asked Mr. Bell if he has a copy of the signed contracts; Mr. Bell said no. He said that he had a flood in his basement and everything was destroyed. Mr. Bell said that when he hired another Contractor to do his sun room, he signed the same contract and got the legitimate permits for that work. Mr, Bell stated, for the record, that he moved to West Orange nine (9) years ago and has developed many friends here. There were no more questions for Mr. Bell. Chairman Neuer asked to have Exhibits A-1, A- 2 and A-3 entered into evidence. Ms. Zaolino recommends, as a condition to the resolution, that the applicant is required to get an easement from the neighbor. Mr. Bullock stated that he feels there are several credibility issues and he is not prepared to vote tonight. He said there were issues with the plans and the permits not being obtained. Mr. Bullock said that, even knowing who the Contractor is, the applicant still could not obtain copies of the contracts and that there is no documentation. Ms. Weiss asked Mr. Bullock if it is true that this Board has had a number of applications with the same situation come before them. Chairman Neuer stated that this Board does not cross examine one another. Ms. Weiss said that she feels that the walls have already

a number of applications with the same situation come before them. Chairman Neuer stated that this Board does not cross examine one another. Ms. Weiss said that she feels that the walls have already been built and that no one has ever complained about them. She said that if this Board votes against the application, the applicant [11]