October 17, 2013

APPLICATIONS 1. ZB-13-07/Golda Och Carried from 8/15/13 Block: 79; Lot: 21; Zone: R-4 122 Gregory Avenue Amended site plan approval to adjust the curb line on Gregory Avenue. Vice Chairman Buechler noted for the record that he is recused from hearing this application and stated that Mr. Neuer will act as Chairman and turned the meeting over to him. Vice Chairman Buechler left the dais. EXHIBITS A-7 - Memo from West Orange Police Traffic Bureau dated 10/14/13 A-8 - Site Dimension Plan, drawing #3, revision date of 6/11/13 Joseph Vena, Esq., attorney for the applicant, approached the podium and stated that this application was last heard August 15, 2013. He said that the application is for the amendment of a previously approved site plan in which the applicant is proposing to eliminate the widening of Gregory Avenue. Mr. Vena said the application is not to amend condition #3 of the prior resolution that was approved on 12/8/11. He said that condition #3 stated that the approval is specifically contingent upon the applicant obtaining all required government consents for completing the widening of Gregory Avenue as per the plans. Mr. Vena said that the widening of Gregory Avenue was not a condition and that Essex County needed to approve the widening. He said that replacing the sidewalks on Gregory Avenue was a condition because that is what the Board wanted but the widening of the road was not. Mr. Vena presented Exhibit A-S, the County of Essex Planning Board amended site plan approval letter dated 7/25/13, stating that the County did not require them to widen Gregory Avenue, Mr. Vena also presented a memo from the West Orange Police Traffic Safety Division. Mr. Neuer asked to have the memo from the West Orange Police Traffic Safety Division, dated 10/14/13, marked as Exhibit A-7 for identification, Mr. Vena stated that the Traffic Safety Division performed an inspection at the site and determined that the widening of Gregory Avenue is not necessary because they did not witness any queuing of vehicles at the time of the inspection. Mr. Vena stated that he would like to bring in their traffic expert, Harold Maitz, to explain the changes in the site plan. Before proceeding, Mr. Neuer asked Ms, Beirne if condition #3 would disappear from the resolution if the amendment to climinate the widening of Gregory Avenue was approved. Ms. Beirne said that the

. Before proceeding, Mr. Neuer asked Ms, Beirne if condition #3 would disappear from the resolution if the amendment to climinate the widening of Gregory Avenue was approved. Ms. Beirne said that the applicant is presenting a new plan to amend the previously approved site plan; not the condition, She said that Mr. Vena wants the Board to agree with that and would like the opportunity to have someone testify to some of the questions the Board may have regarding the stacking of the cars, Ms. Beirne said that the Board would need to re-open the record. 4