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.