June 18, 2015

Mr. Steck stated that the property is located in an R-4 zone and he detailed what is permitted by the Township Ordinance for that zone. He said that a conditional use is not prohibited in this zone; he said that a conditional use has the status of a permitted use if it meets the conditions. Mr. Steck presented a copy of the summary of relief requested that outlines the six conditions that must be met. Chairman Buechler asked Mr. Steck if he prepared the summary of relief requested dated 6/18/15; he replied yes. Chairman Buechler asked to have the summary of relief requested, dated 6/18/15, marked as Exhibit A-26 for identification. Mr. Steck distributed copies of Exhibit A-26 to the Board Members and began detailing what six (6) conditions must be met. He said that the applicant does not meet four (4) of the six (6) conditions that he just described. Mr. Steck detailed all of the variances being requested, what is required by the Township Ordinance and what they are proposing. He said that as a House of Worship it is an inherently beneficial use. Chairman Buechler asked Mr. Steck what factual documentation he has to support his statement regarding the House of Worship being an inherently beneficial use; he said he did not have any. Chairman Buechler asked Mr. Steck if he can site any cases to support his statement; he said no but there is federal law RLUIPA (Religious Land Use and Institutionalized Persons Act) to support his statement. Mr. Steck stated that this will have a minimal impact on the zone due to the hours of the week they worship and a minimal amount of people being there. He also said that the care takers house was already operating as a house of worship at one time. Chairman Buechler called for a recess at 9:39 pm. Chairman Buechler resumed the meeting at 9:51 pm. Mr. Steck continued with his testimony after the break and referred to the New Jersey Zoning and Land Use Administration book written by William M. Cox and Stuart R. Koenig regarding Churches and Houses of Worship being an inherently beneficial use. Mr. Steck stated that the applicant is requesting a parking variance but the parking that is being proposed is more than adequate parking for this use.

Mr. Steck stated that the property is suitable for a House of Worship use and there will be no impact on traffic. He said that the SICA standards are met and there is no detriment to the zone or the community. Chairman Buechler asked Mr. Steck if he reviewed Exhibit A-6, the sample schedule for the House of Worship; he replied yes. Chairman Buechler said that the schedule did not coincide with his testimony; he said that the Guru’s birthday was not on that schedule. Mr. Steck stated that his testimony is accurate; he said that he had conversations with the applicant and he thought that the schedule was accurate at that time. Chairman Buechler told Mr. Steck that he did not say that his testimony modifies the schedule. Mr. Steck stated for the record that his testimony amends Exhibit A-6 and he corrected the schedule. He said that forgot about Exhibit A-6 because he did not present it originally. Ms. Gabry stated that there was testimony regarding dignitaries visiting the site and asked Mr. Steck if that is still planned; he replied yes. Ms. Gabry asked Mr. Steck where the dignitaries will stay when they visit; he said they will stay off-site. Mr. Willliams stated for the record that they revised and removed the area that would house the visiting dignitaries on the plan. Mr. Grygiel stated that his concern is that if approved the variance will apply to any future use for a House of Worship. He said that there will be different impacts for different Houses of Worships, specifically the number of members. Mr. Williams stated that they will accept a condition regarding the overflow of parking. There were no further questions for Mr. Steck from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Steck. Michal Kasher approached the podium and stated that she lives at 11 Barton Drive. She asked Mr. Steck how many people are on the premises today; he replied fifteen (15). Ms. Kasher asked Mr. Steck how many people will be on the premises a year from now; he said the same, fifteen (15). Ms. Kasher asked Mr. Steck how many people will be on the premises five and ten years from now; he said he did not know.

Chairman Buechler stated that there was testimony that in ten (10) years they are anticipating a growth in membership to approximately seventy five (75) to one hundred (100) people. Tal Ben Zvi approached the podium and stated that he lives at 5 Alsop Court. Mr. Ben Zvi asked Mr. Steck if his planning report, dated November 9, 2014, was based on the Zoning Board meeting held September 18, 2014; he said he thinks so. Mr. Ben Zvi asked Mr. Steck if he revised his written report since November 2014; he replied no. Mr. Ben Zvi referred to page three (3) of Mr. Steck’s report dated November 9, 2014 regarding the hours of worship and asked him if they were willing to restrict the hours of operation; he replied no. Mr. Steck said that members can come before or after hours to meditate or pray. Mr. Ben Zvi asked Mr. Steck if any events will be held outdoors; he said not that he knows of. Mr. Ben Zvi asked Mr. Steck if they are planning to have any music or singers perform outdoors; he said he does not know. Mr. Ben Zvi asked Mr. Steck if the additional floor space they are proposing requires additional parking spaces; he said that he did not testify to that, the Architect did. Mr. Ben Zvi asked Mr. Steck if they would be willing to accept no parking on the lawn as a condition; he said that the applicant will answer that. Mr. Ben Zvi said that the reason he is asking that question is because Mr. Petry testified that cars will park illegal if need be; he said that it is in the January 15, 2015 minutes. Mr. Williams stated that he does not recall Mr. Petry saying that cars will park illegal. Chairman Buechler read from the transcript of the January 15, 2015 meeting. He said that a member of the public asked Mr. Petry if overflow parking is needed where will people park and Mr. Petry said generally they will find parking spaces along the site and park illegally. Mr. Ben Zvi asked Mr. Steck if they are proposing to make the building higher now than the original proposal; he stated that the building will be higher now but it still conforms to the Township ordinance. Mr. Ben Zvi asked Mr. Steck what the condition of the house is on 15.01; he said it is in bad shape. Mr. Ben Zvi said there are shingles falling off of the roof and it has been boarded up by the police. Mr. Ben Zvi asked Mr. Steck if he knew that the police boarded the house up because there

shape. Mr. Ben Zvi said there are shingles falling off of the roof and it has been boarded up by the police. Mr. Ben Zvi asked Mr. Steck if he knew that the police boarded the house up because there was a vagrant living in it; he said he was not aware of that. 10

Mr. Ben Zvi asked Mr. Steck how many parking spaces are required, by Township Ordinance, for this buildings square footage; he said thirty four (34). Mr. Steck said one parking space for every three seats. Mr. Ben Zvi asked Mr. Steck if the building was smaller would it require less variances; he replied yes. Mr. Ben Zvi asked Mr. Steck how smaller congregations differ from larger congregations; he said that there is nothing in the Township Ordinance regarding that. Mr. Ben Zvi asked Mr. Steck if there has been any other use on the property since the property was purchased by the applicant; he said he did not know. Chairman Buechler asked the applicants for the application ZB-15-06/Fell and Burton to approach. Chairman Buechler noted the time and explained to the applicants that the meetings end promptly at 11:00 pm and that they will not get to their application. He asked the applicants if they would like to be carried over to the next Zoning Board meeting held on 7/16/15; they replied yes. Chairman Buechler stated for the record that application ZB-15-06 for Fell and Burton will be carried over to the July 16, 2015 meeting and that no further notice will be required. Chairman Buechler also advised Mr. Williams, the attorney for application ZB-15-05/Chabad of West Orange that the Board will not get to this application and asked if they wanted to be carried over to the July 16, 2015 meeting; he replied yes. Chairman Buechler stated for the record that application ZB-15-05/Chabad of West Orange that was scheduled to be heard at this meeting will be carried over to the July 16, 2015 meeting and that no further notice will be necessary. Katarzyna Adamezyz approached the podium and stated that she lives at 8 Allsop Court. She asked Mr. Steck if he knew that there were squatters living in the vacant house at one time; he replied no. Kat Delacruz approached the podium and stated that they live at 3 Barton Drive. He asked Mr. Steck if the caretakers dwelling was included in the impervious coverage; he replied yes. Ms. Delacruz asked Mr. Steck what the impervious coverage would be if the lots remain separate; he said he did not know because the lots are being merged. Ms. Delacruz asked Mr. Steck what the height of the house of worship will be; he said 32.67’. Ms. Delacruz asked Mr. Steck why the building is going to be so big; he said because it is

being merged. Ms. Delacruz asked Mr. Steck what the height of the house of worship will be; he said 32.67’. Ms. Delacruz asked Mr. Steck why the building is going to be so big; he said because it is the wish of the applicant. 11

Ms. Delacruz asked Mr. Steck if he knew that there was a petition signed by the neighbors; he replied no. Ms. Delacruz asked Mr. Steck if he visited the property; he replied yes. Ms. Delacruz asked Mr. Steck if he drove past Barton Drive; he replied yes. Ms. Delacruz asked Mr. Steck if people would park on Barton Drive if the parking lot on the site was full; he said he did not know. Mr. Steck said that they could park on a public street. Travis McManigal approached the podium and stated that he lives at 5 Allsop Court. He asked Mr. Steck what ‘inherently beneficial use” means; he said that it benefits the community. Mr. McManigal asked Mr. Steck how this will be beneficial to the neighborhood; he said that people practicing religion is considered beneficial in general. Mr. McManigal asked Mr. Steck how high the main structure will be; he said 32.7’ tall. Mr. McManigal asked Mr. Steck how many people will be attending the different events held at different times; he said there will be between ten (10) and twenty (20) people there at one time. Mr. McManigal asked Mr. Steck why the applicant is building such a large structure and not a smaller footprint so that they do not have to ask for all of the variances; he said that the applicant can frame it anyway they want. There were no further questions for Mr. Steck. Mr. Williams stated that there are no further witnesses. Chairman Buechler opened up the meeting for public comment. Deepu Sebastian approached the podium and was sworn under oath. Mr. Sebastian stated that he lives at 4 Allsop Court and has concerns about the project getting delayed because the vacant house is in disrepair and is not safe. He said that the neighborhood is already accustomed to having a House of Worship right down the street so this should not be an issue. Mr. Sebastian also said that the hypothetical issue of increased membership is not valid. Katarzyna Adamczyk approached the podium and was sworn under oath. Ms. Adamezyk stated that she lives at 8 Allsop Court and has safety concerns for her children. She said the building is not safe and there was a vagrant living there at one time which is twenty (20) yards from her house. Ms. Adamezyk said that she would like to see the vacant house demolished whether this is approved or not. Tal Ben Zvi approached the podium and was sworn under oath. Mr. Ben Zvi stated that he

house. Ms. Adamezyk said that she would like to see the vacant house demolished whether this is approved or not. Tal Ben Zvi approached the podium and was sworn under oath. Mr. Ben Zvi stated that he lives at 5 Allsop Court and presented photos of the house on lot 15.01 to the Board. Chairman Buechler asked Mr. Ben Zvi if he took the photos; he replied yes. 12

Chairman Buechler asked to have the photos marked as Exhibit O-1 and O-2 for identification. Mr. Ben Zvi said that these were taken from his bedroom window and it shows that the house is in disrepair. He said that it is time to resolve the problem with this house. Mr. Ben Zvi stated that he met with the applicant and discussed what his concerns were as a neighbor and that some changes were made to their proposal addressing the concerns. Mr. Ben Zvi said that he also had a discussion with the applicant about their religion in an effort to understand it. Mr. Ben Zvi said that from 11am to 1pm there is not a lot of traffic on Laurel Avenue and he feels there would not be any traffic issues if the temple was restricted to those hours only. Mr. Ben Zvi said that even though he feels that the term inherently beneficial use is not the right term to use because it will not benefit the neighborhood the neighbors should welcome them into the neighborhood if the application is approved. There were no further comments. Chairman Buechler noted the time and stated that the Board adjourns promptly at 11:00 pm. He said that this application will be carried over to the July 16, 2015 meeting and that no further notice will be necessary. Mr. Williams stated that his client, Chabad of West Orange, would now like to request a special Zoning Board meeting. Chairman Buechler stated that the Board does not have any special meetings during the months of July and August. The meeting was adjourned by Chairman Buechler at 11:01 pm Adopted: July 16, 2015 Wry “Rose DeSena Zoning Board Secretary 13