April 21, 2016

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