October 3, 2018

EXHIBITS: O-1: Letter to Board dated 10/2/18, from John J. Lamb, Esq., Beattie Padovano LLC, attorney for Bel Air at West Orange Condominium Association, Inc. (Objector). A-1: Letter to Board dated 10/3/18, from Richard Schatzman, Esq., Schatzman Baker, attorney for Applicant Belvedere Homes at West Orange, LLC. A-2: Three (3) sheets: (1) Enlarged overall site map of Bel Air, unsigned, undated; (2) Final Map, “Bel Air Estates” Lot 1 – Block 170.03, prepared by C.E.C. Civil Engineering Corporation, signed by Michael T. Armstrong, P.L.S., dated 12/10/2007; and (3) Minor Subdivision, signed by Michael T. Armstrong, P.L.S. and Cyril Kucera, P.E., 7/25/2018 DISCUSSION: Richard Schatzman, Esq., attorney for Applicant, approached the podium. Mr. Schatzman stated Mr. Lamb, Esq., attorney for contiguous property owner (Bel Air at West Orange Condominium Association, Inc.) had sent a letter to the Board that raised objection to the Application, (Exhibit O-1). Mr. Schatzman stated he had sent a letter to the Board dated 10/3/18, (Exhibit A-1). Mr. Dwyer addressed the Board; he stated both letters were received within the past two days. He stated the letters were sent last minute to the Board, partially because the Objector’s counsel had recently been hired. Due to their lateness, Mr. Dwyer stated he was required to hurriedly review the letters and evaluate all the issues raised. Mr. Dwyer stated that apart from marking them as Exhibits, he had no other comments for the Board regarding the questions raised in the letters. He gave the Board a brief recapitulation of issues outlined in the letter from Objectors counsel, (Exhibit O-1). John J. Lamb, Esq., Beattie Padovano LLC, attorney for Objector, Bel Air at West Orange Condominium Association, Inc. approached the podium. He gave a supplemental outline of his letter dated October 2, 2018, (Exhibit O-1). He stated the Township ordinance was clear on the definition of a “minor subdivision”. He stated the application was not for a minor subdivision, there was not access on a public road. He stated the application itself stated it was for a minor subdivision without variances; he stated there were variances involved. Mr. Lamb stated he and the Applicant’s attorney disagreed there was a need for a variance for the lack of access on a public street; he cited case law

riances; he stated there were variances involved. Mr. Lamb stated he and the Applicant’s attorney disagreed there was a need for a variance for the lack of access on a public street; he cited case law regarding the issue. He stated the Public Notice as insufficient for failure to notify all entitled to notice within 200 feet; he cited case law regarding the issue. Mr. Lamb stated to get to the new road on Kunz Way, you would have to access via Lot 6.09; he stated Lot 6.09 was owned by the Bel Air at West Orange Condominium Association, Inc. He stated the Applicant had considered the four corners of a lot; but that Applicant had not taken in to account to build a road, the Applicant would have to go over a private lot. Mr. Lamb stated Applicant did not have the private road easement as claimed. Mr. Schatzman returned to the podium. He stated that Mr. Grygiel’s report dated August 10, 2018, identified the Application as a minor subdivision. He stated the current lot was one of a nine-lot major subdivision approved by the Board by Resolution dated November 2, 2006. He stated that all of the issues of a major subdivision and bulk variance relief had been discussed at that time. Eight of the original subdivision lots had been sold to Essex 4