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Minutes · Feb 25, 2016

February 25, 2016

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A-14—Tree Removal Plan, Drawing 3, with a revision date of 2/10/16. A-15 — Lighting Plan, Drawing 8, with a revision date of 2/10/16. A-16 — Landscape Plan, Drawing 9, with a revision date of 2/10/16. A-17 — Existing Tree Inventory, Drawing 16, dated 7/6/15. Robert C. Williams, Esq. approached the podium and stated that he is appearing on behalf of the applicant. Chairman Neuer stated that before the hearing proceeds, he would like to read a statement concerning notice of a prior special Zoning Board meeting that was held on January 28, 2016. He said that although notice for this meeting was posted in places that are reserved for public notices, was filed with the Clerk of the Municipality and was also given in accordance with the Municipal Land Use Law it was brought to the attention of the Zoning Board that notice for that meeting was not published in two newspapers. Chairman Neuer said that a written transcript of the January 28, 2016 special meeting was prepared and filed with the Zoning Board Secretary and was made available for inspection in the Secretary’s office. He said a copy of what he just read was published as part of the notice for tonight’s meeting and for at least the last ten (10) days, members of the public have had a chance to read the transcripts from the January 28, 2016 special meeting. Chairman Neuer asked if any members of the public would like to examine the witnesses that testified at the January 28, 2016 meeting, because they were not present at that meeting, they can do so at this meeting. Chairman Neuer asked Mr. Williams to proceed. Mr. Williams stated for the record that he re-noticed for the meeting tonight; he said that he sent notices to all property owners within 200’ of the site and had the notice published in the West Orange Chronicle. Mr. Williams said that when he reviewed the notice that was published, he noticed a typographical error; he said that the notice for one application, ZB-15-12, stated that the meeting was going to be held on Thursday February 25, 2016 and the notice for the other application, ZB-15-13, stated that the meeting was going to be held on Thursday February 26, 2016. Mr. Williams said that when he caught the error, he notified the Board Attorney and the Board Secretary about this right away. He said that, because of this error, he is limiting his testimony solely to the site plan application

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he caught the error, he notified the Board Attorney and the Board Secretary about this right away. He said that, because of this error, he is limiting his testimony solely to the site plan application this evening because it was not properly noticed in the West Orange Chronicle and he will re-notice for the ZB-15-13 subdivision application. Chairman Neuer stated for the record that the subdivision application, ZB-15-13, will not be presented at this meeting; Mr. Williams said that is correct.

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