PB-18-08/Belvedere Homes at West Orange, LLC

vi. LLC to the County of Essex recorded on 5/9/2018 as Instrument No. 2018040611 as a Deed consisting of 17 pages for property located at Lot 1.09, Block 170.03 and Lot 1.09; Minor Subdivision plans prepared by Cyril Kucera, PE and Michael T. Armstrong, PLS for property located at Block 1.09, Block 170.03 (1 Kunz Way) dated July 18 consisting of 1 sheet. The following Exhibits were admitted into evidence: Ex. A-1 Letter to Board dated 10/3/18 from Richard Schatzman, Esq. of Schatzman Baker, attorney for Applicant Belvedere Homes at West Orange, LLC Ex. 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. Ex. O-1 Letter to Board dated 10/2/18 from John J. Lamb, Esq., Beatie Padovano LLC, attorney for Bel Air at West Orange Condominium Association, Inc. (Objector) Robert Schatzman, Esq. introduced the application on behalf of the Applicant stating that it was for a subdivision of an existing residential lot. John Lamb, Esq. an attorney for the continuous property owner Bel Air at West Orange Condominium Association, Inc. (“Bel Air’) also appeared. Mr. Lamb (Ex. O-1) and Mr. Schatzman (Ex. A-1) had sent letters to the Board about the application. Responding to questions from the Board Mr. Schatzman admitted that Block 6.01, over which the Applicant proposed to access the subject lot, was owned by Bel Air and that he had not included Block 6.01 in his notice or application, nor had he sent notice to all of the owners of the condominiums. Mr. Lamb claimed that notice was deficient and that an easement was needed over Bel Air’s property to access the subject lot. Cyrul Kocera, PE, a principal of the Applicant who had also been the engineer for the original subdivision which was approved November 2, 2006 was sworn and addressed the Board and gave a history of the prior approval. Mr. Grygiel stated he had prepared a memorandum dated August 10, 2018, which did reference a minor subdivision based on the information submitted; however, the review memo raised a number of issues and requested additional information. He stated that Applicant did not submit the additional

a minor subdivision based on the information submitted; however, the review memo raised a number of issues and requested additional information. He stated that Applicant did not submit the additional materials.