July 19, 2018

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING July 19, 2018 The West Orange Zoning Board of Adjustment held a regular meeting on July 19, 2018 commencing 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairman Buechler called the meeting to order at approximately 8:00 P.M. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle and the Star Ledger and posted on the Township Bulletin Board in accordance with the “Senator Byron M. Baer Open Public Meetings Act.” Chairman Buechler announced that a digital tape recording system is being utilized to record the proceedings of the meeting and instructed the general public on how the audio of the proceedings may be reviewed or obtained. Chairman Buechler asked everyone to stand for the Pledge of Allegiance. PRESENT: B. Buechler, D. Nash, P. Neuer, B. Quentzel, I. Schwarzbaum, W. Steinhart, M. Sussman, A. Weiss ABSENT: D. Gabry (excused absence) F. Sanders (un-excused absence) M. Straker (excused absence) ALSO PRESENT: Paul Grygiel, Acting Planning Director for the Township Eric Keller, Consulting Engineer for the Township Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary ANNOUNCEMENTS Future Meetings: August 16, 2018 (regular meeting) September 20, 2018 (regular meeting) October 18, 2018 (regular meeting) MINUTES June 21, 2018 (regular meeting)

Chairman Buechler stated that the draft minutes from the June 21, 2018 regular meeting were circulated to all of the Board Members. Chairman Buechler said that Vice Chairman Neuer and Mr. Steinhart submitted comments for these minutes and asked if any Board Member had any additional comments; there were none. Vice Chairman Neuer made a motion to approve the minutes of the June 21, 2018 regular meeting as amended; Mr. Steinhart seconded the motion and all were in favor. It was noted for the record that Mr. Quentzel and Mr. Schwarzbaum were present but did not vote on these minutes because they were not in attendance at the June 21, 2018 meeting. SWEARING IN Paul Grygiel, acting Planning Director for the Township and Eric Keller, Consulting Engineer for the Township, were sworn under oath. RESOLUTION 1. ZB-18-01/Deutsche Bank Trust Co. c/o the Durkin Firm Approved 6/21/18 Block: 154; Lot: 131; Zone: R-5 112 Conforti Avenue Seeking two (2) “c” variances for front and side yard setbacks to install two (2) wheelchair access ramps. Chairman Buechler stated that this resolution was circulated to all of the Board Members that included comments from Vice Chairman Neuer. Ms. Beirne stated that on page 6 it should state Members of the Board and not Members of the Court. Chairman Buechler asked if any Board Member had any other comments; there were none. Vice Chairman Neuer made a motion to adopt the resolution as submitted and Mr. Steinhart seconded the motion. The vote was as follows: Gabry: - Schwarzbaum: - D. Nash: Yes Steinhart: Yes Vice Chairman Neuer Yes Straker: - Quentzel: - Sussman: Yes Sanders: - Weiss: Yes Chairman Buechler: -

APPLICATIONS 1. _ZB-18-05/Facey Block: 85.03; Lot: 8 & 10; Zone: R-5 233 Mt. Pleasant Avenue Applicant is requesting an amendment to the resolution of approval to amend a condition related to exterior lighting at the rear of the house. EXHIBITS A-1— Photos Board-1 — Photos of the light fixtures taken by Vice Chairman Neuer O-1- Photo of an outdoor light fixture taken from a website 0-2— Photo of existing light fixture on the back of the applicant’s house Richard A. Brovarone, attorney for the applicant, approached the podium. Chairman Buechler stated it is his understanding that the applicant is requesting a waiver of condition #1 in a prior resolution; Mr. Brovarone said that his client is looking for either a waiver or a determination from the Board that his client has satisfied that condition. Chairman Buechler stated that Vice Chairman Neuer, Mr. Sussman and himself went to the site to observe the light fixtures at night time. Chairman Buechler asked Mr. Brovarone to summarize his position. Mr. Brovarone stated that he has photos of the light fixtures taken by Mr. Facey and a copy of the exact light fixture that he printed off of the Home Depot web site that the applicant installed. Mr. Brovarone that states that the specifications of the light fixture states that it points downward and that you cannot see the light bulb unless you are looking up at it. Chairman Buechler asked Mr. Bravarone if the photos taken by Mr. Facey are the same photos that were included with the application; he said he was not sure because he did not submit the application. Mr. Brovarone stated that today he received a hard copy of a letter from Jeffrey Kantowitz that was addressed to Ms. Beirne dated July 13, 2018 but did not receive a copy of it before today. Mr. Kantowitz asked Chairman Buechler if he could speak. Chairman Buechler asked Mr. Kantowitz to take his seat. Mr. Kantowitz wanted the record to reflect that he wanted to raise a procedural issue and was 3

asked to sit down. Chairman Buecher stated that the record will reflect that he asked Mr. Kantowitz to take his seat because the proceedings had already begun and the Board follows a certain order. Mr. Brovarone referred to the photos that Mr. Facey took and said that the lights have met the criteria and that the condition in the resolution has been satisfied. Mr. Kantowitz, attorney for the objector, approached. He stated that he represents a neighboring property at 19 Jones Place. Mr. Kantowitz stated that the applicant did not satisfy the condition in the resolution and that the Township’s Zoning Official also cited the applicant because the condition was not satisfied. Chairman Buechler stated that this is not a procedural issue and said he will address the case law that Mr. Kantowitz presented to the Board in a memo addressed to Ms. Beirne dated July 16, 2018. Chairman Buechler said that he read the case laws that were cited by Mr. Kantowitz and said that the Board considered them and determined that they are not applicable. Chairman Buechler stated that the Board will make the determination if the condition was satisfied. Mr. Kantowitz stated that he wanted the record to reflect his objection to that. Chairman Buechler advised Mr. Kantowitz that he is welcome to appeal the Board’s decision. Chairman Buechler stated that a few Members of the Board went to the property and looked at the lights. He said that the condition requires that the light fixture have permanent shields that cover the lighting elements and that they should point downward and not shine towards the house on Jones Place. Chairman Buechler stated that the applicant did replace the light fixtures and that they are pointing downward but the metal casing does not appear to go below the level of the light bulb. Chairman Buechler suggested that the Board is not going to waive the condition because the applicant did not fully comply because the shield does not cover the light bulb. He said that the applicant must install light fixtures where the metal shield extends below the bulb so that it is a true shield. Vice Chairman Neuer stated for the record that he was at the property at 9:45pm and took photos that were marked as Exhibit Board-1 for identification. He said that he was standing in Ms. Stiles backyard and could see the light bulbs and that there is a great deal of light

9:45pm and took photos that were marked as Exhibit Board-1 for identification. He said that he was standing in Ms. Stiles backyard and could see the light bulbs and that there is a great deal of light shining on the house.

Vice Chairman Neuer stated that it is his opinion that the light fixtures do not meet the requirements of the condition. Mr. Sussman stated for the record that he was there as well and that he disagrees with Chairman Buechler and Vice Chairman Neuer. He said that they were standing below the light and that even with another shield they will still be able to see the light bulb. Mr. Sussman stated that it is his opinion that the applicant has met the condition. Ms. Weiss stated that there was not enough time given to the Board to visit the site and she did not visit the property. She said that the applicant should do what is best for their neighbor. Mr. Steinhart sated that he disagrees with this requirement because the Board does not even know if there is a hood that meets the requirement. Chairman Buechler stated that the hood must cover the lighting element and it does not. He said that the applicant must buy another fixture or buy a smaller light bulb. Mr. Brovarone referred to the photo of the light fixture that the applicant installed, that was printed from the Home Depot website, and said that the hood does cover the light bulb and that the applicant purchased the recommended light bulb for that fixture. Mr. Brovarone asked for the photos of the light fixtures to be marked for identification; Ms. Beirne marked the twelve (12) pages of photos of the light fixtures as A-1 for identification. Ms. Beirne also marked the photos of the light fixtures that Vice Chairman Neuer took as Board-1 for identification. Mr. Kantowitz placed an objection on record; his objection was that the applicant’s attorney cannot testify that the applicant complied. Mr. Kantowitz maintained that the applicant did not comply and that the light bulb protrudes below the shield. Mr. Brovarone stated for the record that his client will not change the light bulb; he said that they used the light bulb that the manufacturer recommended. Vice Chairman Neuer asked Mr. Brovarone if anyone asked the manufacturer if the light bulb complied with the condition; he said no. Mr. Brovarone called the applicant to testify. Devon Facey approached the podium and was sworn under oath. He stated that he initially had the light fixtures replaced by an electrician and that the Township’s Zoning Official said that they were not in compliance because the hood was too short. Mr. Facey said that

ed that he initially had the light fixtures replaced by an electrician and that the Township’s Zoning Official said that they were not in compliance because the hood was too short. Mr. Facey said that he had the electrician come back again and install the new light fixtures with a different hood. Mr. Kantowitz stated for the record that he would like a new term used for the light fixtures

cover; Chairman Buechler stated that they will call it a hood. Mr. Facey stated that if you look at the light fixture you cannot see the light bulb; he said that they used the light bulb that was recommended by the manufacturer for the light fixture. Mr. Brovarone presented the photos that Mr. Facey took that were marked as Exhibit A-1; Chairman Buechler asked Mr. Facey if the photos accurately depict what is currently there and he replied yes. Mr. Brovarone referred to Exhibit A-1 and asked Mr. Facey to describe each photo; Mr. Facey complied. Mr. Kantowitz approached the podium and asked Mr. Facey what his educational background was and his profession. Mr. Brovarone objected to the questions Mr. Kantowitz was asking Mr. Facey. Chairman Buechler advised Mr. Kantowitz that asking questions about Mr. Facey’s education or profession are not relevant. Mr. Kantowitz asked Mr. Facey if his client offered to purchase light fixtures that extend below the light bulb for him. Mr. Facey said that the offer came to him through the court and was not personally offered to them. He said that he refused the offer because he thought that the light fixtures they installed were in compliance. Mr. Kantowitz presented a photo of light fixture taken from a website that was marked as Exhibit O-1 for identification. He said that this is the light fixture that his client offered to pay for. Mr. Brovarone said that his clients does not want Mr. Kantowitz’s client paying for anything because they are in litigation with her. He said that lighting is for safety and the light fixture in Exhibit O-1 does not light up the stairs. Mr. Kantowitz presented a photo of the existing light fixture on the applicant’s back porch that was marked as Exhibit O-2 for identification. Mr. Schwarzbaum stated that neighbors do not have the right to tell someone what type of light fixture to use on their property. He said he feels this is not about too much light; it is about neighbors not liking one another. Mr. Schwarzbaum said that someone should go to the site and look at the light fixtures and measure the light bulbs to see if they protrude. Ms. Nash referred to the photo in Exhibit A-1 and Exhibit O-1. She said that both the applicant and the objector presented photos that do not show a light bulb. Mr. Kantowitz referred to Mr. Schwarzbaum’s comments regarding the neighbors not liking

Exhibit O-1. She said that both the applicant and the objector presented photos that do not show a light bulb. Mr. Kantowitz referred to Mr. Schwarzbaum’s comments regarding the neighbors not liking one 6

another and said that he disagrees with that statement and it should not be said on the record. He said that he does agree with Mr. Schwarzbaum and thinks that all someone has to do is go to the site and measure the light bulbs to see if they protrude. Chairman Buechler stated that the Board is going to adjourn this until the next meeting and have Mr. Schwarzbaum and Mr. Sussman go to the site and measure the light bulbs. He said that if the light bulbs protrude the applicant will have to install smaller light bulbs. There was some discussion between Mr. Kantowitz and the Board Members regarding exactly what the condition is. Chairman Buechler stated that the Board will vote on whether Mr. Schwarzbaum should visit the site to measure the light bulb to see if it protrudes and determine if the condition is met and asked for a motion. Vice Chairman Neuer made a motion to deny the application without prejudice subject to Mr. Schwarzbaum visiting the site to see if the bulbs projects below the hoods. He said if the bulbs do not protrude then the Board will determine if the condition was satisfied; if not, then the condition was not satisfied. Ms. Weiss seconded the motion. Mr. Kantowitz approached and requested to speak; Chairman Buechler denied his request and said that the Board is in the middle of a motion. Ms. Beirne stated that the Board should table the motion and hear Mr. Kantowitz. Chairman Buechler said that the Board heard enough testimony and that enough time and money has been wasted on this issue. Ms. Beirne reiterated her statement and said that the Board should table the motion and hear Mr. Kantowitz. Mr. Kantowitz stated that the condition should not be removed as requested by the applicant. Chairman Buechler stated that the Board is not voting to remove the condition; the Board is going to determine if the applicant has met the condition. Vice Chairman Neuer stated that the Board denied the application subject to whether the applicant has met the condition. Mr. Brovarone said that he stated at the beginning of this meeting that the applicant does not want to remove the condition; they just want the Board to determine if the condition was met. Chairman Buechler called for a vote.