October 28, 2013

DISCUSSION Chairwoman Gabry asked for a motion to adopt the West Orange Zoning Board of Adjustment regular meeting schedule for 2014. Mr. Buechler made a motion to adopt the 2014 West Orange Zoning Board of Adjustment regular meeting schedule for 2014; Mr. Sussman seconded the motion and all were in favor. Chairwoman Gabry stated that next on the agenda is an interpretation that was carried over from the last meeting held on October 17, 2013. She said that she was not present at this mecting and it was chaired by Vice Chairman Buechler. Chairwoman Gabry turned the meeting over to Vice Chairman Buechler. Vice Chairman Buechler stated that the Board was asked to interpret if a Fitness Center/Gym was defined as a personal service store or as a separate use in a P-C zone because there was no language regarding this in Chapter 25-4 of the Township Ordinance. He said that the Board required additional information and the discussion was tabled and carried over to this meeting. Vice Chairman Buechler said that since the meeting, Robert Williams, Esq., Paul Grygiel and Alice Beirne provided the Board members with additional information, He said that Mr. Williams’ client is proposing to establish a health club in one of the empty spaces in the K-Mart Plaza and has provided the Board with information from the Moscowitz and Lindbloom book clearly stating that a health club is classified as a personal service. Vice Chairman Buechler said that there was a gym in the K-Mart Plaza at one time but there is no record of any Zoning Board approval for it to go there. Vice Chairman Buechler said that the Township’s Zoning Official has also provided the Board with types of personal services that were previously approved in the P-C zone; tailors, beauty shops, nail salons, dry cleaners, barbershops and a yoga studio. Vice Chairman Buechler suggested that the Board interpret the ordinance to permit a health club/gym/fitness center in a P-C zone. He said that parking issues and massages would be separate issues. Mr. Bullock stated that he agrees with what was discussed and requests a revision to the Township ordinance addressing health clubs. Mr. Sussman said that he also agrees with all of the comments so far and that a fitness center in a shopping center is very common. Mr. Quentzel said that this is strictly an interpretation and the Board should handle it as such

agrees with all of the comments so far and that a fitness center in a shopping center is very common. Mr. Quentzel said that this is strictly an interpretation and the Board should handle it as such and not include Mr. William’s client in this discussion. Vice Chairman Buechler made a motion that the Board approve a resolution that addresses the Township Zoning Official’s question regarding Chapter 25-4 defining a personal service, to include a Fitness Center/Health Club/Gym in a P-C zone as a personal service store/studio. Mr. Sussman seconded the motion.