May 17, 2012

Chairman Neuer asked to have the Select Title Agency package, dated 5/14/12 marked as Exhibit A for identification and Ordinance 25-24.1 pages 97 and 98 marked as Exhibit B for identification. Mr. Vena stated that the ordinance says if you have a home that does not conform. and it was destroyed, it can be rebuilt. He said that Mr. Kantor is building a house from scratch. Mr. Vena stated that the Ordinance in section F of his package addresses the definition of a “story”. Chairman Neuer said that this is a different issue. He also told Mr. Vena that they already had this discussion, regarding a conflict with the architect, and that section G of Mr. Vena’s package is not going to be admitted into evidence.. The Chairman stated that in Exhibit A, section G will not be part of the record. Mr. Vena asked the Chairman if the Board will accept the testimony from the owner then. Ms. Weiss asked what the Chairman meant about the conflict with Exhibit G. Chairman Neuer stated that Exhibit G was prepared by an architect who is a member of the Township’s Planning Board and who is, therefore, not permitted to testify, directly or indirectly, before the Zoning Board of Adjustment of West Orange. Jonathan Kantor approached the podium and was sworn under oath. Mr. Vena asked Mr. Kantor if he had plans to have a house built and if he is going to use the same plans. Chairman Neuer asked Mr. Vena to not refer to the plans. Mr. Vena asked Mr. Kantor the height of the house he is proposing to build and Mr. Kantor said exactly 35’. Mr. Vena asked Mr. Kantor how many stories the house will be and Mr. Kantor replied two stories plus a basement. Mr. Veua attempted to define a story according to the Construction and Zoning Officials. He stated that if the plans show that it is a walk out basement, then it is considered a story. Chairman Neuer said that he goes back to what he stated originally, that the Board needs to see the plans and to be provided with expert testimony to interpret the meaning of “story” under the Ordinance. Chairman Neuer stated that he recommends that the Board conclude that the environmental issues which confronted the property owner did constitute a disaster and that demolition was not voluntary. Chairman Neuer told Mr. Vena that the issue relating to what he wants the Board to interpret is limited to the buildable lot question which the Board can

saster and that demolition was not voluntary. Chairman Neuer told Mr. Vena that the issue relating to what he wants the Board to interpret is limited to the buildable lot question which the Board can decide; however, the Board cannot interpret the definition of a “story” because it has not been properly submitted and the Board needs to sce a proposed plan. Ms. Weiss stated that this application should be in two parts. Chairman Neuer said that Mr. Kantor should have the right to build and come back with plans and if he needs a variance the Board will hear it. Mr. Vena asked Chairman Neuer if the Board can make an interpretation of an ordinance without plans. Mr. Sussman said that the Board cannot make a determination without secing a set of plans. Chairman Neuer stated that with respect to the buildable lot issue, no plans are required but that the definition of a “story” in these circumstances requires a plan.