August 17, 2017

Mr. Kantowitz asked Ms. Berkenwald what materials she will be presenting to the Board Members; she said that she filed an OPRA request for all permits, tax cards and plans from the 2015 renovation of the house. Mr. Kantowitz asked what is being proffered by way of documentation to this Board and to state the proffer behind that submission. Chairman Neuer stated that they will take another slight recess so that counsel can confer. Chairman also stated that Ms. Gabry was not present at the last hearing when Mr. Facey presented testimony without benefit of counsel. He said if the applicant would like Ms. Gabry to vote they are going to have to start over and anything that happened before this will not count. Ms. Berkenwald stated that she is prepared to present her case from the beginning. Chairman Neuer stated that they are going to take a five minute recess. Chairman Neuer stated that they are back on the record. Mr. Kantowitz said that he conferred with Ms. Berkenwald and he agreed to let her make whatever her proffer is and he will make his argument. Ms. Berkenwald stated that she has a Planner who will submit testimony at this meeting. She said that the applicants will also provide testimony of a neighbor. Ms. Berkenwald presented a copy of renovation plans consisting of four pages dated 10/5/15 that were marked as Exhibit A-1 for identification and a copy of a two (2) page letter with the tax card and assessment history for the property that was marked as Exhibit A-2 for identification. Ms. Berkenwald referred to Exhibit A-1 and stated that the Township of West Orange was aware that the prior owner was converting the garage into a den because they applied for permits to do the work. Ms. Berkenwald referred to Exhibit A-2 and stated that the tax cards show that West Orange taxes this property having four (4) bedrooms and no garage. Chairman Neuer asked Mr. Kantowitz if he has any comments regarding the documents that Ms. Berkenwald just presented for identification; he said yes. Mr. Kantowitz said that he objects to the documents that she presented because this is a “c variance application and he does not see the relevance of those documents. Chairman Neuer stated that those documents were entered for identification only. Ms. Berkenwald stated that her client did not create this condition and when they purchased this house it did not have a

airman Neuer stated that those documents were entered for identification only. Ms. Berkenwald stated that her client did not create this condition and when they purchased this house it did not have a garage.