September 19, 2011

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING September 19, 2011 The West Orange Zoning Board of Adjustment held a special meeting on September 19, 2011 at 8:00 PM t at 66 Main Street, West Orange, New Jersey in Council Chambers. Chairman Phil Neuer called the meeting to order at approximately 8:43 P.M. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle, and posted on the Township Bulletin Board on September 1, 2011 in accordance with the “Open Public Meetings Act.” Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: Bruce Buechler, Gregory Bullock, Deborah Gabry, Philip Neuer, Bart Quentzel, William Steinhart, Mark Sussman, Alice Weiss ABSENT: ALSO PRESENT: Susan Borg, A.LC.P., P.P., ALLA. Eric Heller, Consulting Engineer Harvey Grossman, Public Advocate Board Attorney: Alice Beirne, Esq. Board Secretary, Rose DeSena ANNOUNCEMENT OF FUTURE MEETING DATES Future Meetings: September 22, 2011 (Regular Meeting) - 8:00 P.M. October 27, 2011 (Regular Meeting)— 8:00 P.M. November 17, 2011 (Regular Meeting) — 8:00 P.M. December 8, 2011 (Regular Mecting)— 8:00 P.M. January 19, 2012 (Regular Meeting)— 8:00 P.M. APPLICATION L ZB-11-10/Golda Och Academy, a Solomon Schechter School Block: 79 Lot: 21 Zone: R-4 122 Gregory Avenue Proposed building addition, redesigned parking and traffic patterns With two (2) “D” variances and one (1) “C” variance

DISCUSSION Chairman Neuer called the Board into executive session at 8:30 pm in accordance with the requirements of the New Jersey Open Public Meetings Act. The Board returned at 8:43 pm and the public meeting was called to order. Chairman Neuer asked Mr. Joseph Vena, attorney for the applicant, to approach the podium. Chairman. Neuer stated that there was a question of jurisdiction regarding the notice and the Board had reviewed it, Chairman Neuer stated that Mr. Vena has worked very hard on this application but there were certain things that must be adhered to stringently regarding the notice. He went on to explain that there were certain elements of the notice that the Board deems to be substantial that were not included in the notice; specifically the parking variance and that the Board cannot overlook this. The Chairman also stated that, while the applicant may wish to proceed and assume the risk, the Board’s obligation is to the citizens of West Orange and full adherence to the Municipal Land Use Law. That being said, Chairman Neuer stated that the Board has determined that they do not have jurisdiction over this application this evening because of the notice issues raised, Chairman Neuer told Mr. Vena that there will be a new hearing date and new notices must be issued. He also stated that the name of the record owner must be cleared up and the application should be filed under the correct name that is on public record, Susan Borg suggested Monday October 24, 2011 as the new meeting date. Bruce Buechler stated that he cannot make it that date. Alice Weiss stated she may not be able to make it on that date but, if necessary, she could possibly change her plans so that she could attend. The remainder of the Board members stated they are available on that date. Chairman Never told Mr. Vena that six members are definitely able to attend and there would be a quorum. He also stated that if Ms. Weiss can be there it will be seven members attending. Mr. Vena stated that they are “ok to go” with six Board members. Alice Beime stated to Mr. Vena that she wanted to see the notices before they are sent out, Mr. Vena agreed. Chairman Neuer announced that the hearing will not proceed and he apologized to the people who came to hear this application. He stated that the new hearing date will be Monday October 24" at 8:00 pm promptly. Mr. Vena asked if they

e hearing will not proceed and he apologized to the people who came to hear this application. He stated that the new hearing date will be Monday October 24" at 8:00 pm promptly. Mr. Vena asked if they could start earlier than 8:00 pm and Chairman Never asked the Board members if they could make it at 7:30 pm. All agreed and the meeting time was set for 7:30pm. Chairman Neuer asked if there were any comments and secing none he adjourned the meeting. Ub), Rose DeSena 7 Zoning Board Secretary ADJOURNMENT The meeting was adjourned at 8:57 pm September 19, 2011 oa