April 6, 2011

ORDIANCE IN REVIEW #2315-11 an ordinance amending and supplementing Chapter 25-24. 1(d) of the revised general ordinances of the Township of West Orange Pat Dwyer stated that there are two concepts here in this ordinance. The policy always was to get rid of the structure right away, no matter what. The law now states it’s the owners discretion what to do with the structure. Chairman Weston said the purpose of this is if there is a disaster and more then 50 percent of the structure is destroyed, they will allow the owner to put it back to its original form if so desired. Jerry Eben stated that in the past you would have to go in front of the Board and they would grant you a variance due to hardship. Mr. Eben questioned who determines what 50% of the total structure is as stated in Section 1 of this ordinance. Chairman Weston stated that the council should consider who will determine this; Susan Borg or Tom Tracy. According to Vice Chairman Bagoff, the word “value” is not the right word that should be used when describing 50% of the total structure. He suggested making it easy and say “sq. footage instead of total”. Chairman Weston noted that, the Board suggests, it should read “if more than fifty percent (50%) of the total sq. footage of the structure is removed... rather than 50% of the total value”. Chairman Weston also stated that Susan Borg’s recommendations, which were adding the word pre- existing before non-conforming ...“Any pre-existing, nonconforming use or structure...” and removing the word “natural” in front of the word disaster where applicable, will also stay. Chairman Weston asked if there were any other comments or questions. Motion: Chairman Weston Second: Vice Chair Bagoff Bagoff Yes Eben Yes Gurland A Lester Yes Wilkes A Carlucci Yes Gherbremicael Yes Heller Yes McCartney Yes Weston Yes Mr, Eben noted his recent observation that trees had been removed and soil disturbed at the Prospect Avenue PSE&G site, and he has reached out to the Planning and Engineering Directors to bring it to their attention. Chairman Weston stated that this matter was not under jurisdiction of the Planning Board; however, he had heard Assemblyman McKeon mention at a recent public forum that PSE&G was starting construction on a major upgrade to the power lines and substation in the West Orange and Livingston corridor. Chairman Weston motioned to adjourn

ion at a recent public forum that PSE&G was starting construction on a major upgrade to the power lines and substation in the West Orange and Livingston corridor. Chairman Weston motioned to adjourn the meeting and Dr. Bagoff was second on the motion. MEETING ADJOURNED 8:41 pm. Mik Lio ‘Rose DeSena, Planning LA