May 20, 2021 Regular Meeting

and reassess as they are drilling in each pile. While she knows it is a difficult location to find a business, in her opinion it is not the job of the Zoning Board to approve of this but it is the job of the Zoning Board Members to assure that our community is safe and that any application will assure the Community safety. Ms. Rudin urged Board to vote against this proposal. -Mr. Tuvel responded to Ms, Rudin’s comment that it will only be open 6am to 10:00PM and would be closed to the public at all other times. There was extensive environmental testimony to comply with NJDEP requirements, the steep slope has been reviewed by the applicant’s engineer and the Board Engineer as well. Applicant has met all standards and methodologies to stabilize and keep the slope safe and actually make it better than it is today. BOARD DISCUSSION - Mrs. Weiss, asked for clarification in regards to the hours of operation and entrance after 10:00PM. Mr. Tuvel responded that nobody can enter after 10:00PM. Chairman Neuer asked for confirmation that no one will be able to go in and out. Mr. Tuvel answered in the affirmative. -Mr. Schwarzbaum said there has been a lot of discussion in regards to the slope of the property. It looks like there is a substantial amount of soil erosion currently on the property and the applicant has indicated that they are going to put in stabilization mats which I believe that what is proposed will be a substantial improvement. If nothing is done to this property, there is potential that the soil erosion could impact the property at the western side on the hill. The property will continue to experience erosion if it is not stabilized and eventually it could start impacting adjoining properties. The applicant has been very responsive to the suggestions and comments from the board as has been indicated, and without substantial impairment to the intent and purpose of the zoning plan and the zoning ordinances of the municipality, the proposed self- storage facility is consistent with the type of uses permitted, much lower traffic generation than the permitted uses. While the site is in is in proximity to residential uses, it is not located in the middle of a residential neighborhood. Purpose of the zoning plan and zoning ordinances have been satisfied. The granting of the variances will not result in a substantial detriment to the intent of the zone

of a residential neighborhood. Purpose of the zoning plan and zoning ordinances have been satisfied. The granting of the variances will not result in a substantial detriment to the intent of the zone plan and the granting of the variance will not result in a substantial detriment to the public good. Mr. Schwarzbaum strongly urged my fellow board members to approve this project. - Mr. Eben said that this is an existing and now totally vacant site and has been an eyesore for the past twenty years, There is absolutely no reason to throw out the master plan reexamination report and zoning ordinance by granting a variance and disregarding those documents. Susan Borg, worked hard to protect steep slopes. Mr. Eben informed the Board that none of these neighbors have spoken in favor of this project. In his opinion the applicant did not meet the enhanced quality of proof as required to demonstrate the proposed use is consistent with the intent and purpose of the Master Plan. There is no value for West Orange there is no undue hardship for the applicant. Mr. Eben expressed that he was looking for any positive reasons that would allow him to vote for this project simply are none to be had. It is not advisable to approve it this evening with all of the reasons that I stated in terms of the use. In terms of the C variances, even in terms of the dumpster that is in the front yard that could have been inside the building. That would give an extra parking space. This building will dwarf every other adjacent building within 500 foot radius. While the building height and stories have been reduced, portions of the