February 16, 2017

In response to Mr. Steck’s testimony that the exterior of this home would appear the same as the other homes in the neighborhood, Chairman Neuer asked Mr. Steck how many other homes in the neighborhood have seven (7) parking spaces; he said he did not know but stated that the parking spaces for this proposal are not visible from the street. The Chairman disagreed with Mr. Steck. Chairman Neuer asked Mr. Steck how many other daycares presently operate in West Orange; Mr. Steck said he does not know because he did not do a survey on that. Chairman Neuer asked Mr. Steck to state the maximum size of a home occupation; Mr. Steck responded it is half of what the applicant is proposing. Mr. Quentzel asked Mr. Steck if the applicant would consider a lower number of children if the Board suggested that; he said he did not know. Mr. Quentzel asked Mr. Steck if it is in the Board’s purview to suggest a lower number of children; he said yes. Ms. Nash asked Mr. Steck if someone can run a family daycare and a child daycare simultaneously; he said he does not think so. Chairman Neuer said that Mr. Steck suggested a condition that the applicant cannot lease the daycare or sell it with the variance. Ms. Moore stated that the owner of the daycare must reside in the home. Chairman Neuer asked Ms. Moore if she is saying that if the property is sold the new owner can own the daycare; she said that if the property is sold, the new owner has to have a certified operator working at the daycare. Chairman Neuer asked who the owner of the daycare is going to be. Ms. Piacenza said that the daycare is an LLC owned by her and that LLC will be the owner and operator. Chairman Neuer said that based upon the testimony presented, Ms. Piacenza does not have the credentials to operate the daycare.