April 21, 2016

Ms. Weiss asked if they should vote on this application first before listening to Mr. Ben-Zvi’s application. Chairman Neuer said no because the request to subpoena financial records relates to this application and it is important that they take care of this procedural matter. Tal Ben-Zvi approached the podium and stated that he lives at 5 Allsop Court. Chairman Neuer asked Mr. Ben-Zvi if he received the subpoenas that he issued for him for documents; he replied yes that he served Mr. Williams and received the documents he requested. Chairman Neuer asked Mr. Ben-Zvi if there is a supplemental request from him for subpoenas for financial records; he replied yes. Chairman Neuer asked Mr. Ben-Zvi to state the reasons for his request for the subpoenas. Mr. Ben-Zvi said there are four reasons for the request. Mr. Ben-Zvi said the first reason is that the applicant’s 990 report that they submitted to the IRS in 2015 showed that their total assets were less than $50,000. Mr. Ben-Zvi said that it was his contention in this hearing that the delay for the applicant taking down the structure was because of lack of funding. He said full disclosure of their finances was required in order for his expert to provide testimony regarding their lack of funding. Mr. Ben-Zvi said that the second reason was for impeachment. He said that Anita Thani is listed on the application ZB-16-01 as a trustee and she is not a trustee. Mr. Ben-Zvi said that Mr. Williams was aware of this and did not disclose that. He said that he believes that the financial records can disclose that. Mr. Ben-Zvi said that the third reason is because there is false information in the corporate disclosure regarding the nature of the property owner, Sun King. He said that there is a document from the New Jersey Treasury Department showing different facts regarding that corporation. Mr. Ben-Zvi said the last reason is because in March he requested a subpoena for Kumar Mahtani whose address on the application was listed as 23 Laurel Avenue. He said that was not the correct address because the house at that address was vacant. Mr. Ben-Zvi said that he requested a correct address and was supplied an address in the United Arab Emirates that was also incorrect. He said that the financial report submitted to the IRS shows that Mr. Mahtani has an address in Essex County New Jersey and he could have been served

the United Arab Emirates that was also incorrect. He said that the financial report submitted to the IRS shows that Mr. Mahtani has an address in Essex County New Jersey and he could have been served the subpoena. Chairman Neuer asked Ms. Beirne to swear in Mr. Ben-Zvi; Mr. Ben-Zvi was sworn under oath. Chairman Neuer asked Mr, Ben-Zvi if all of the statements he just made on the record are under oath; he replied yes. 19

Chairman Neuer stated that, with respect to the gentleman in the United Arab Emirates, the Zoning Board does not have jurisdiction. He said that his subpoena would be meaningless outside of the State of New Jersey and that is why he denied the request for that subpoena. Chairman Neuer advised Mr. Ben-Zvi that the reason that he denied issuing a subpoena for the applicant’s IRS documents is because he already seems to have them. He said that it would be senseless to have Mr. Williams present them again. Chairman Neuer advised Mr. Ben-Zvi that if he would like to re-visit this request, he would need to be more specific about what documents he is requesting and to name a time period for all documents in question. Chairman Neuer told Mr. Ben-Zvi that if he believes false statement have been made then he must be more specific as to what documents he is requesting. Chairman Neuer stated that Mr. Ben-Zvi’s request for subpoenas is denied without prejudice and he can re-file if he wants to with the instructions that he just provided him with. Chairman Neuer stated that Mr. Williams is back on record. Mr. Williams continued with his testimony stating that the applicant demolished the structure as fast as they could so he would like to have condition #10 in the adopted resolution deleted. Mr. Williams also said that on a Saturday, when the applicant’s contractor was working on the site, a resident called the West Orange Police Department and told them that they had a letter that prohibited any work to be done on the site on Saturday. He said that the Police shut down the job and the applicant lost one day’s work because of that. Mr. Williams said that the site is clear now; the structure is down and all debris removed so he would like to have the resolution amended. Vice Chairman Buechler asked Ms. Beirne if they can just rescind the condition; she replied yes. Vice Chairman Buechler stated that the Zoning Board has the legal authority to lift condition #10 in the resolution according to the New Jersey Municipal Land Use Law. He said that the applicant filed a new application to lift condition #10 and has proved to the Board that compliance with this condition was out of their control. Vice Chairman Buechler stated that the purpose of the “null and void” statement in condition #10 of the resolution was only to put emphasis on getting the structure

ondition was out of their control. Vice Chairman Buechler stated that the purpose of the “null and void” statement in condition #10 of the resolution was only to put emphasis on getting the structure demolished. Vice Chairman Buechler suggested that all of the emails and correspondence should be made as part of the evidence; Chairman Neuer stated that Mr. Williams cannot authenticate these documents so they will remain in the file as part of the application because they were submitted as part of the application. 20

Vice Chairman Buechler stated that the Board can rely on these documents in order to demonstrate that the applicant made every effort to get Public Service to the site as soon as possible. Vice Chairman Buechler said that the Board should not penalize any applicant that is prevented from completing a project because of outside agencies. Vice Chairman Buechler recommended that condition #10 in the adopted resolution should be modified because the applicant made good faith efforts to comply with the condition. Chairman Neuer asked Mr. Williams if the structure is down; he replied yes. Chairman Neuer recommended that the condition should be modified and to extend the completion date to April 21, 2016. Ms. Gabry recommended that the “null and void” statement in the condition also be removed. Mr. Schwarzbaum stated that he concurs and the Board should give the applicant an extension. Vice Chairman Buechler made a motion to modify condition #10 in the resolution; Ms. Gabry seconded the motion to modify the condition. Chairman Neuer asked if any members of the public had any comments. Tal Ben-Zvi approached the podium and stated that he would like to express his thanks to the applicant and to Mr. Williams for bringing down the “eyesore”. He said that it took a long time but he is thankful and that he hopes that they move forward fast and there is a cap on the completion of the project. Mr. Ben-Zvi said that he supports the motion to modify condition #10. The vote was as follows: Buechler Yes Schwarzbaum: Yes DarConte: - Steinhart: Yes Gabry: Yes Sussman: - D. Nash: - Weiss: Yes Quentzel: - Chairman Neuer: - 21

3. ZB-15-16/Stratford Manor Rehabilitation &Care, LLC Block: 166.15; Lots: 7 & 11; Zone: OB-1 787 Northfield Avenue Seeks preliminary and final amended site plan approval with “d” and bulk variances to add a physical therapy room in the rear of an existing building. Chairman Neuer stated that ZB-15-16/Stratford Manor Rehabilitation will not be completed at this meeting and he recommended that the Board discuss the Interpretation request from the Township’s Zoning Official. Mr. Williams stated that the applicant would like to be carried over to the next Zoning Board’s regular meeting held on May 19, 2016. Chairman Neuer stated for the record that ZB-15-16 for Stratford Manor Rehabilitation will be carried over to the next Zoning Board meeting held on May 19, 2016 and that no further notice will be required. 4. ZB-16-03/Interpretation Zoning Official requests interpretation of the permitted uses in a B-2 zone specifically if a funeral home falls within any of the categories of a B-2 zone. Chairman Neuer stated that the Township Zoning Official, Ms. Adams, requested that the Zoning Board interpret the permitted uses in a B-2 zone, specifically if a funeral home falls within any of the categories in that zone. Mr. Grygiel stated that he had a conversation with Ms. Adams when she had an inquiry regarding a funeral home in a B-2 zone. He said that she asked him if it fits into any of the categories in the B-2 zone and he told her that it was his opinion that it did not but she wanted to formally have the Zoning Board interpret this under the New Jersey Municipal Land Use Law. Vice Chairman Buechler read all of the uses of the B-2 zone in the current ordinance. Vice Chairman Buechler asked Mr. Grygiel if a funeral home is mentioned in any of the Township ordinances; he replied no. Mr. Grygiel said funeral homes are silent in the master plan. Chairman Neuer asked Mr. Grygiel if there is a current application that triggered this request; he said he did not know. 22

Chairman Neuer said that the Township ordinance states that any use that is not specifically permitted under the ordinance is prohibited so it is his opinion that the funeral home is a prohibited use in the B-2 zone. Chairman Neuer asked if the Board Members would like to recommend to the Township Council an amendment to the ordinance that would allow a funeral home as a permitted use in the B-2 zone. Chairman Neuer stated that if the Board Members are so inclined, he can submit a letter to the Township Council asking them to consider where a funeral home fits in because the ordinance is silent when it comes to a funeral home and whether it would be a conditional use or a permitted use. Mr. Sussman recommended that this should be a task for the Township Planner to recommend what zones would be appropriate for a funeral home and if it should be a conditional or a permitted use because parking is a big issue. Chairman Neuer moved to adopt a resolution to advise Ms. Adams that it is the opinion of the Zoning Board that the B-2 zone does not permit funeral homes. Ms. Gabry seconded the motion and all were in favor. Chairman Neuer advised the Board Members to email Mr. Grygiel if they have an opinion as to what they would like to do with funeral homes and to copy him on the email. The meeting was adjourned by Chairman Neuer at 10:41 pm. ; Adopted: May 19, 2016 - YA Siu YY Kose DeSena Zoning Board Secretary 23