Town CrierWest Orange, New Jersey
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Minutes · Apr 21, 2016

April 21, 2016

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Mr. Regan stated that his client is here requesting two variances for a monument sign. He said that in October, 2013 the applicant was approved to construct a fitness center with signage but, at that time, they did not ask for an approval for a monument sign and, further, they stated that they would not be requesting approvals for any additional signage. Mr. Regan stated that at the time of the approval, the applicant had not signed a lease with the tenant and that the lease was not executed until November 24, 2014. He said that he provided a copy of the redacted lease to the Board as requested at the last meeting. Vice Chairman Buechler stated that the date on the lease that was sent to the Board was incorrect. He said that instead of a date there was an “ii” after the month and asked Mr. Regan if he has a copy of the actual lease. Mr. Regan stated that he has a copy of the full lease in his office and it is dated correctly. He said that he did not send the Board a copy of the entire lease; he just sent them excerpts of the lease. Mr. Regan said that he has read it in its entirety and it has the correct date of November 24, 2014 on it. Vice Chairman Buechler stated that the copy of the lease that was sent to the Board does not add up; he said there are no page numbers and he is not sure they received everything. He said that he did not read anything that states there is an actual contingency that the tenant could walk away from the lease if this sign is not approved. Chairman Neuer referred to page seven (7) of the lease regarding pylon sign approvals and stated that the sign is not a mandatory requirement under the lease. Mr. Regan stated that he is not disputing the provisions of the lease; he said that they are here before the Board to ask for sign approvals according to the provisions of the lease. Chairman Neuer asked Mr. Grygiel if there is a pylon sign on the approved plan; he replied no. Chairman Neuer asked Mr. Grygiel what the difference is between a monument sign and a pylon sign. Mr. Griegel said that a pylon sign is typically raised above the ground between two poles and a monument sign is typically lower to the ground and is on a base.

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