July 17, 2014

Chairman Buechler resumed the meeting at 10:01 pm. Mr. Vena asked Chairman Buechler if the Board reached a decision regarding the pre-existing non-conforming issue; Chairman Buechler stated that the Board is not making any decisions at this meeting tonight. Mr. Vena called his next witness. Peter Steck approached the podium and was sworn under oath. Mr. Steck began detailing his professional background as a Professional Planner licensed in the State of New Jersey. Chairman Buechler stated that Mr. Steck has testified before this Board many times before and accepted him as an expert in Professional Planning. Mr. Steck stated that this application is very simple. He said that the building existed in West Orange for many years, it was for sale and the applicant purchased it so that he could utilize the first floor for his medical practice. Mr. Steck said that the applicant did not need the five (5) bedroom apartment that was on the second floor because it would attract a large family and so the applicant decided to put a break room on the second floor for his staff. He said that there are two principal uses on the property; an office and an apartment and it has been established that there has always been two principal uses on this property since 1959 when it was built. Mr. Steck stated that abandonment is only if it is an intentional abandonment as defined in the Township’s ordinance. He said that non-use is not an abandonment. Chairman Buechiler stated that this was not the language of the ordinance. Mr. Steck said that as long as nothing is changed within the structure it is not an abandonment. Mr. Steck said that nothing was physically changed in the building that would change the use. He said that that the applicant renovated the building as is and wanted to expand the office space on the second floor by creating a break room. Mr. Steck said that the break room on the second floor is the expansion of a non-conforming use. Mr. Steck said that the stairs were relocated because they were damaged during Super Storm Sandy, which is permitted by Township ordinance, and the relocation of the stairs triggered a side yard variance. Mr. Steck presented photos to the Board, Chairman Buechler asked Mr. Steck if he took these photos; he replied yes that he took the photos today. Chairman Buechler asked to have the photos prepared by Mr. Steck dated 7/17/14

s to the Board, Chairman Buechler asked Mr. Steck if he took these photos; he replied yes that he took the photos today. Chairman Buechler asked to have the photos prepared by Mr. Steck dated 7/17/14 marked as Exhibit A-8 for identification. 11