February 16, 2017

Mr. Kienz said that the applicant is requesting a height variance for the structure and a variance for the expansion of a pre-existing non-conforming use. Mr. Kienz referred to a condition of a prior approval for ZB-09-07 for PSE&G regarding the installation of sidewalks along Mt. Pleasant Avenue. He said, at that time, they met with the County and were told that they did not need sidewalks there. Mr. Kienz said that on February 14, 2017, the County approved this application with the condition that they install sidewalks along Mt. Pleasant Avenue and Prospect Avenue. Mr. Kienz presented the letter from the Essex County Planning Board dated February 15, 2017 that was marked as Exhibit A-1 for identification. Mr. Kienz stated that they will need State and County approval to install the sidewalks. Chairman Neuer stated that the application to the State should denote how important the sidewalks are because it is unsafe. He asked Mr. Kienz how long it would take to file the application; he said within the next three (3) to six (6) months, Chairman Neuer stated that the applications to the State and to Essex County will be filed within three (3) months. Chairman Neuer asked if anyone had any questions regarding the sidewalks. Robert Rashkes approached the podium and stated that he lived at 35 Oak Crest Road. He asked Mr. Kienz why the applicant paid $600 to the State of New Jersey in 2007 requesting sidewalks; he said that was an application fee not a permit fee. Mr. Kienz called his first witness. John Mele approached the podium and was sworn under oath. Mr. Mele detailed his professional background as an Engineer and Planner licensed in the State of New Jersey. 15