May 21, 2014 Special Meeting

regarding the need for a “c(1)” or “c(2)” variance for side yard. Mr. Williams said that Township ordinance required minimum side yard setback of 10 feet; the current setback was 7.48 ft. — already a non-confirming condition. The plan would not enlarge the footprint; the only change would be the introduction of a stairway that was permitted by the code; the stairs would be impossible to see from adjacent properties and would provide a necessary second means of egress for the facility. He opined a “c(1)” variance relief was justified. He said there were other proposed improvements including curbing that would enhance the property to the east. Vice Chairman Weston asked if the Applicant was requesting a “c(1)” or “c(2)” variance; Mr. Eben opined he did not think a variance was needed because it was already an existing non-conforming condition. Mr. Vena said that while the Applicant concurred that no variance was needed; the Township had imposed the request for the variance. Mr. Dwyer stated that it was the opinion of the Township Planner that the ordinance required the request for variance relief; he advised the Board he agreed with the Planner. Mr. Grygiel said the ordinance allowed for encroachments in the yard, within certain parameters; there was a 6 feet allowance for stairs, as long as the side yard setback was met; he opined the request for a variance was reasonable. The Public Advocate had no questions for Mr. Williams. Mr. Vena advised the Board all testimony was concluded; he summarized the information presented on behalf of the Application. The Public had no comments regarding the Application. Mr. Ghebremicael opined the business would be a good use for the property and surrounding residential area. Vice Chairman Weston opined the Applicant met the burden of proof for a “c(1)” variance relief. He stated he did take issue with an unlicensed landscape architect testifying on behalf of the Application and would not take that testimony in to consideration; he suggested that as a condition of approval the landscaping plan be approved by the Acting Township Planner. He opined that in general, the outlined plan would be of benefit to the area and a good use of the property. Mr. Eben opined the daycare center would be a great use of the property; the limited hours of weekday operation would be a benefit to the surrounding neighborhood. Mr. Grygie!

d use of the property. Mr. Eben opined the daycare center would be a great use of the property; the limited hours of weekday operation would be a benefit to the surrounding neighborhood. Mr. Grygie! requested that the final plans incorporate the written list of conditions. Conditions: The Applicant shall comply with all applicable Township of West Orange, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or regulatory permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals.