February 21, 2013

r toom that was erected subject to the applicant presenting satisfactory testimony from a licensed Professional Engineer in the State of New Jersey for those structures constructed without permits and to consider the impervious coverage after the testimony and the issue of the encroaching sheds. He said that the applicant will consent to a continuance to reach the final decision of this application. Ms. Weiss seconded the motion made by Chairman Neuer.

Mr. Bucchler said that he is not in favor of this resolution based upon his suggestions previously stated for the record. Mr. Sussman said that this is a reasonable course of action for the Board to take. He said that the applicant should not have to go through all of this work if they will not get the variance. Mr. Buechler stated that he will vote to deny the interim motion to approve the variances sought assuming the work is inspected by a Professional Engineer and was done in accordance with the construction code and is structurally sound. He said that the Zoning Board and Township did not create the applicant’s problem and that the applicant built the additions on their own without requesting building permits from the Town or seeking a variance from the Board. Mr. Buechler said that the Board should not grant preliminary approval subject to a determination if the construction was done in accordance with code and is structurally sound, He said that Board should have that information in advance of making a determination. Mr. Buechler will vote to deny the motion for preliminary approval without prejudice. Ms. Gabry agreed with Mr. Buechler and would vote to deny the motion. The vote was as follows: Buechler: No Steinhart: Yes Bullock: - Sussman: Yes Gabry: No Weiss: Yes Merklinger: - Zaolino: - Quentzel: Yes Chairman Neuer Yes Chairman Neuer advised the applicant to get this done fast and asked her to state for the record that she agrees to this; she replied yes. Chairman Neuer called for a recess at 9:18 pm. Chairman Neuer resumed the meeting at 9:25 pm. 2. ZB-12-23/Merlino Carried from 12/20/12 Block: 168.03; Lot: 19; Zone R-6 12 Rutgers Street “C” variance for rear yard setback to permit an addition to a home DISCUSSION Daniel Merlino and Rebecca Rojas, applicants, approached the podium and were sworn under oath,

Mr. Merlino stated that they are looking to expand the living space in their home by proposing a small 144 sq. ft. addition. He said that they are here to request a variance for the rear setback because the addition is encroaching by 5”. Mr. Buechler said that the plans show a shed in the rear of the property and told Mr. Merlino that it has to be 5’ from the property line or else they would need another variance. He asked him if the shed was there when he purchased the property or did he put it there; Mr. Merlino said that the shed was there when they moved in. Chairman Neuer asked Mr. Merlino if he would like to amend the application to include the variance for the rear setback for the shed so that it can remain where it is; Mr. Merlino said yes. Chairman Neuer accepted the amendment. Mr. Merlino called his Architect to testify. Jorge Toll approached the podium and was sworn under oath. Mr. Toll detailed his educational and professional background as a licensed Architect in the State of New Jersey and a licensed Professional Planner in the State of New Jersey. He also said that this is his first time testifying in West Orange. Chairman Neuer welcomed Mr. Toll and accepted him as an expert in the field of Architecture and as a Professional Planner. Mr. Toll referred to the architectural plans that were submitted with the application. He said that the applicant is proposing to add a 12’x12’ addition to the rear of his home to be used as a study. Mr. Toll said that the addition would encroach into the rear yard by 5’4”. He asked the Board to take into consideration that this is a large lot and that the remainder of the building is 41’ from the property line. Mr. Toll said that the open space will be slightly reduced but is in excess of the minimum requirements of the Township’s ordinance. Chairman Neuer asked Mr. Merlino if he received any comments from his neighbors regarding the work he is proposing; Mr. Merlino said that he has received only positive comments. He said that his neighbor to the north is very supportive. Mr. Buechler asked Mr. Merlino if the addition will match the color and materials of his existing home; Mr. Merlino replied yes. Chairman Neuer asked if there were any further questions from the Board; seeing none. Chairman Neuer asked if any members of the public were here for this application; seeing none the Chairman closed the

irman Neuer asked if there were any further questions from the Board; seeing none. Chairman Neuer asked if any members of the public were here for this application; seeing none the Chairman closed the public hearing. Chairman Neuer asked for a motion. Mr. Quentzel made a motion to approve the application with the condition that the siding on the addition matched the existing siding on the house. Ms. Weiss seconded the motion.

The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: - Sussman: Yes Gabry: Yes Weiss: Yes Merklinger: - Zaolino: - Quentzel: Yes Chairman Neuer Yes 3. ZB-12-21/Guerrier Carried from 12/20/12 Block: 139; Lot: 39; Zone: R-T 32 Kirk Street “C” variance for a third story DISCUSSION Chairman Neuer asked if anyone was here for this application; seeing none. Chairman Neuer said that the applicant failed to notice twice and they informed the Board Secretary that they were not even sure if they wanted to go forward with the application. Chairman Neuer presented a motion to deny this application without prejudice; Mr. Buechler seconded the motion. Mr. Buechler said that the applicant would have to file a new application if they did decide to move forward. The vote was as follows: Buechler: Yes to deny w/o prejudice | Steinhart: Yes to deny w/o prejudice Bullock: - Sussman: Yes to deny w/o prejudice Gabry: Yes to deny w/o prejudice | Weiss: Yes to deny w/o prejudice Merklinger: - Zaolino: - Quenitzel: Yes to deny w/o prejudice | Chairman Neuer Yes to deny w/o prejudice ADJOURNMENT The meeting was adjourned by Chairman Neuer at 9:43 pm WWE March 7, 2013 Rose DeSena Zoning Board Secretary