August 16, 2018

Chairman Buechler advised Mr. Giurintano to let the Board Secretary know if the applicant is in complete compliance and, if so, they will vote on this resolution at the next meeting held on September 20, 2018. Chairman Buechler also advised the Board Secretary to let the applicant’s attorney, Mr. Williams, know that the resolution is being carried over to the next meeting for adoption based on Bowman’s determination as to whether the applicant is in complete compliance. APPLICATIONS 1. ZB-18-02/Rosario Block: 149.01; Lot: 30.01; Zone: R-6 10 Mountain Avenue Seeking bulk variances for front yard setback and impervious coverage for the addition of a deck, patio and pool in the rear of the property. Manny Rosario, applicant, approached the podium and was sworn under oath. Chairman Buechler asked Mr. Rosario if he has counsel for his application; he replied no. Mr. Rosario stated that he has Professional Engineers present who will be testifying. Chairman Buechler stated that there is a legal problem with this property because it is in two municipalities; West Orange and Montclair. Chairman Buechler addressed Mr. Rosario and stated that it is his understanding that he has a letter from Montclair waiving their jurisdiction; Mr. Rosario said that is correct but he has not received the letter yet. Chairman Buechler stated that there is an issue as to whether this Board can hear the application until Montclair properly waives their jurisdiction over the piece of property in their municipality. Chairman Buechler stated that the Board does not have anything in writing that says that the West Orange Zoning Board can hear this matter by themselves. Mr. Rosario asked if the Board can hear the application tonight and if Montclair does decide that they do not want to waive their jurisdiction then he would probably withdraw the West Orange application. Vice Chairman Neuer explained to Mr. Rosario the legality of him doing that and said that the issue is that West Orange does not have the jurisdiction over the portion of his property that lies in Montclair. He also told Mr. Rosario that he believes that he is going to need an attorney to help figure all of this out. Chairman Buechler stated that the Board does not believe that a letter from Montclair waiving jurisdiction will even be adequate; he said the Board believes that he will need a resolution from 4