December 20, 2018

The vote was as follows: Eben: Yes Steinhart: Yes Gabry: Yes Straker: - Phillips - Sussman: Yes Quentzel: Yes Weiss: - Schwarzbaum: Yes Vice Chairman Neuer: Yes DISCUSSION Vice Chairman Neuer stated that an application, on the behalf of Facey/ZB-18-05, came before this Board requesting an amendment to a resolution. Vice Chairman Neuer stated that the applicants were approved for a variance with conditions in 2017. He said that the condition in question pertains to spot lights over a sliding glass door in the rear of the house and another one over a porch. Vice Chairman Neuer said that the condition was that the light emanating from the spot lights must point in a downward direction so that the lights do not shine towards their neighbor’s house located at 19 Jones Place, West Orange. Vice Chairman Neuer stated that the applicant and the neighbor at 19 Jones Place appeared before the Municipal Court. He said that the Municipal Judge overseeing this is now requesting that the Zoning Board determine if the condition was met. Vice Chairman Neuer stated that this matter is beyond the jurisdiction of the Zoning Board because they do not engage in enforcement: he said that this is left up to the Township’s Zoning Official and the Court. Vice Chairman Neuer stated that the Zoning Official issued notices of violation and that is what was presented to the Municipal Court; he said it is up to that body to determine if the condition was met or violated. Mr. Kantowitz, attorney for the neighbor, objected to the process whereby the Municipal Judge asked the Zoning Board make this determination. Vice Chairman Neuer stated that in an effort to resolve this matter, the former Chairman of the Zoning Board asked the Board Members to visit the property at night time to determine if the condition was met. Vice Chairman Neuer stated that Board Member Sussman, visited the property and determined that the condition was satisfied. He said that he and former Chairman Buechler visited the property and determined that the condition had not been satisfied.