February 21, 2019

certificate of occupancy which was issued for the use of a daycare during synagogue hours. He said that the applicant thought that because the State gave the approval, he assumed that it was acceptable to operate the daycare on the premises. Ms. Weiss asked Mr. Kohut if the person that was operating the daycare on January 7, 2019 is Angelo Nevado even though he was before the Board during that time; he said yes. Chairman Neuer asked Mr. Kohut from a legal standpoint if his client is claiming any type of vested rights; he said he has not looked into the history of the use since the synagogue has been around since the 1950’s. Mr. Kohut said that they are not going to appeal the Zoning Official’s determination; he said they would just like to move forward with the application that would allow a daycare to be used for up to eighty (80) children in the synagogue. Chairman Neuer asked Mr. Kohut if the west wing of the building is part of the entire portion of the synagogue that will be used for the daycare; he said yes. Chairman Neuer asked Mr. Kohut if the application is denied, will the use in the west wing be resumed; he said no. Ms. Gabry asked Mr. Kohut if the children in the daycare are there only during synagogue hours; he said no they are there full time. Mr. Kohut stated that his client thought that once the State issued the approval that he could operate the daycare. Chairman Neuer stated for the record that this will personally not affect his vote on the application. Rabbi Tobin from B’Nai Shalom approached the podium and was sworn under oath. Rabbi Tobin stated that the synagogue has been in town for eighty five (85) years; he said that he has been there for only ten (10) years and has no idea what has been done in the past. Rabbi Tobin stated that B’Nai Shalom may end their run in West Orange; he said that their congregation is aging and not many young families are in the congregation. Rabbi Tobin said that they want to create services in their building so that the population grows in the synagogue. He said that the daycare is for the wellbeing of the community and will serve the young families. Mr. Schwarzbaum asked Rabbi Tobin if the Hebrew school is part of the certificate of occupancy; he said he does not know. Mr. Kohut called his next witness. Joseph Staigar approached the podium and was sworn under oath, He detailed his

the Hebrew school is part of the certificate of occupancy; he said he does not know. Mr. Kohut called his next witness. Joseph Staigar approached the podium and was sworn under oath, He detailed his professional