May 20, 2021 Regular Meeting

building are now completely lost and informed the Board that his vote is going to be an absolute no. -Mr. Redwine expressed his concern from the perspective of Zoning ordinance that municipal government sets out permitted uses in order to guide the appropriate use for development in a manner that will promote the health, safety and morals in general welfare. Those elected officials (i.e. Mayor or Town Council), should be the ones deciding applications like this because they are directly accountable to voters and the decisions that they have made so it should weigh very heavily on the minds of Board Members Mr. Redwine let the public know that he will be voting against this application because he does not think that this use is justified. -Mr. Ricci tried to explain his situation that he did not hear all of the meetings but have read all of the testimony from both the applicant from the Board Members and what they spoke about this project from his perspective in regards to the steep slope that sometimes erosion and other factors come into play and is glad a solution is proposed as part of this application to deal with that existing item. Basically, he is agreeing with everything in favor of this application, and that not too many lots down the road is a strip mall that at some point of time had to dig into the slope and put up some kind of retaining system so the neighboring property is already cut into this particular slope, so this application should also be entitled to cut into that slope. - Chairman Neuer, spoke in an effort to clear up misconceptions in regards to the Zoning Ordinance Section 28, the infamous steep slope ordinance. It seeks to eliminate or reduce disturbance of steep slopes because they result in accelerated erosion. Erosion that is occuring there is nott visible, but it is there and it will continue unabated. He endorses the commentary from Mr. Hess who gave a very thorough and complete analysis. -Chairman Neuer offered a Resolution to approve the application for the variances and urged the Board to approve this application with the following conditions. -That all of the conditions are to be printed onto the site plan drawing to enable the Building Department to understand what we have done and to enable our code enforcement people to enforce the conditions being imposed. -The Resolution will also recite that the applicant is bound

the Building Department to understand what we have done and to enable our code enforcement people to enforce the conditions being imposed. -The Resolution will also recite that the applicant is bound by all of the exhibits presented and all of the testimony adduced on behalf of the application. -The applicant is to comply with the reports issued by our engineer, Mr. Hess. The Hess letter of January 15, 2021 is to be attached to the Resolution. And a copy of that letter is to be reproduced into the notes section of the final site plan. -The applicant shall comply with Forester John Linson’s. June 12, 2020 letter to Mr. Linson’s or Mr. Hess’ reasonable satisfaction. —-The applicant will comply with the statements contained in the Fire Prevention Bureau letter of September 9, 2020. Item number 5A of that letter to be complied with Prior to issuance of a Certificate of Occupancy. -There should be no parking signs erected to prohibit parking in the drive aisle and authorizing the West Orange Police Department to issue tickets to violators. -The applicant shall comply with the September 21st, 2020 letter from the Traffic Bureau. -This approval is subject to Essex County Planning Board approval. -Exterior lighting shall be controlled by the motion sensors approved by Chief of Police.

-The parking space designated for the employee shall be located in the North on the property. - The applicant shall submit a three year maintenance contract for the landscaping that requires inspections every year for at least three years. - There will be no live auctions conducted from the property. -The installation of the erosion matting will be subject to the review and approval of the Board Engineer. -Hours of operation for access to the building are limited to between 6:00 AM to 10:00 PM and no other hours. Access shall be controlled by a card reader. -The rental contract with renters of the storage units must specify that hazardous materials, explosives, firearms, guns, and ammunition are not permitted to be stored. A copy is to be delivered to the Board Attorney for review. -Finally, there will be a need of consolidation of the two lots for a new single tax lot. This deed is to be presented and reviewed and approved by Ms. Beirne with Mr. Hess prior to the time of issuance of a certificate of occupancy. Motion: Chairman Neuer Second: Mr. Steinhart APPROVED Eben: N Straker (Alt.4): Quentzel (Alt. 1): Sussman (Alt. 3): Recused Redwine: N Weiss: Y Ricci: Y Chairman Neuer: Y Schwarzbaum: NY Yes: 5 No: 2 Steinhart: Y ZB 21-06 / Rawls Block: 176.02; Lot: 7 7 Marmon Terrace Seeking 2 C2 Variances - Ms. Boerner Lay was accepted as an expert in the field of Architecture from the Board. -Mr. Rawls and Ms. Boerner Lay were sworn under oath. Mr. Rawls testified that when the home was purchased Mr. Rawls knew that some significant aesthetic work and some upgrades would be necessary. However, the overall flow and layout, because there is one bedroom downstairs and two bedrooms upstairs, is quite disconnected from the rest of the house as it is almost three feet below the floor level of the main floor and only accessible via a small opening and staircase from the kitchen. It is also not properly heated since it is built on a slab and the heating system is just hot water, so these were the main issues that needed to be addressed immediately. This application is basically for a 1 1/2 to 2 story element versus the one-story element that it currently is. It should also be noted that the right side yard is almost twice as large as the required being 17.6 feet versus the 10 feet required as the home was not centered on the lot.

Concerning the variance for lot coverage, the existing coverage is non-conforming at 4,084.62 square feet or 46.68%. -Ms. Boerner-Lay explained that this application is just to allow for a safe ingress and egress from the family room and believes this small increase in lot coverage will not adversely affect the neighboring properties but will enhance the aesthetics and use of this property. Questions/Comments From the Board - Mrs. Weiss commented positively on the appearance of the house and balcony. - Mr. Eben asked why they are not using that foundation for the new addition. This will imitate the read the variance. Ms. Boerner-Lay responded that it would be correct from a roofline perspective because it is a two story element, and it would look a lot nicer just to continue the roofline on that side versus having a one story element. It also does not really have a proper foundation. The way it is now, the first floor does not get heat so it cannot be utilizable. -Mr. Eben asked So why not build a bigger deck? Ms. Boerner-Lay explained that the applicant really just did not want to over impact lot coverage. Mr. Eben agreed it will look much better when it's finished. Professional Questions: - Mr. Grygiel asked whether that pool is remaining in the back of the property. Mr. Rawls answered yes, it was to remain. No Further Board Questions No Public Questions In closing, Chairman Neuer asked Mr. Rawls if he has heard from any of the neighbors about this application. Mr. Rawls responded that he has not but his son has and what he has heard they are all in favor of the application. Public Hearing Closed. Motion by Chairman Neuer to grant the variances and to approve the site plan as presented. Motion: Chairman Neuer Second: Mr. Eben APPROVED Eben: Y Straker (Alt.4) Quentzel (Alt. 1): Sussman (Alt. 3): Recused Redwine: Y Weiss: Y Ricci: Y Chairman Neuer: Y Schwarzbaum: Y Yes: 7 No: 0 Steinhart: Y

3) ZB 21-05 / Tamay (Carried to 6/17/2021 Meeting) Block: 125.02; Lot: 100 60 Cherry Street Seeking a C1 Variance with an exceptional situation. Chairman Neuer announced that this application is being carried to the June 17", 2021 meeting. No further notice is required and the applicant has extended the statutory time for a decision. Chairman Neuer Adjourned Meeting at 11:10) P Minutes Adopted: faa /a Mana Lal hanlll Diana I% Chandler Acting Zoning Board Secretary 10