February 7, 2024 Planning Board Regular Meeting Minutes

On Mr. Pessolano professional opinion the planning board is obligated to approve the application if the applicant satisfies all the requirements of the zoning code. A bar needs to be a principal use of a property to qualify as a bar in the definition and this is clearly not the principal use of the property so it can't possibly be called or considered a bar. Restaurant is implicating a public service type of operation this is a private club and not open to the public, so it cannot be considered restaurant. The facility is not considered a fast food because fast food establishment needs to have 15 seats in order to begin qualifying and the proposed facility does not does not even have seats. Mr. Pessolano testified that based on the materials that he reviewed from a planning perspective; he believes that the planning board is within the authority to grant this application. NO BOARD QUESTIONS PROFESSIONALS QUESTIONS Mr. Grygiel asked in regard to the use issue, if the application is before a planning board is assume that it's being reviewed by the municipality and zoning official to determine the uses permitted because planning board cannot grant uses variances. Mr. Pessolano answered in the affirmative. PUBLIC QUESTIONS Ms. Bennet asked if an application has no variances and a site plan review is required, does the board still have the ability to shift the location of the building. Mr. Pessolano said that the board can give feedback to the applicant, but if the application complies it is entitled to approval. Ms. Bennet asked if a property is more than five acres does West Orange require an environmental impact statement. Mr. Pessolano said that he believes it does based on the ordinance. Ms. Benner asked is the sale of alcohol a relevant land use consideration. Mr. Pessolano said that the planning board has no jurisdiction over the sale of alcohol and where it takes place. Ms. Bennet asked did he measure the distance of those halfway houses from their closest residential neighbors. Mr. Pessolano said he looked at the ones that had diagrams, didn't do any measurements though not scale drawings just sketches. William Mincy at 41 Old Indian Road asked if during his review of the other halfway houses included any objections. Mr. Pessolano said that specific information was not available. Mr. David Robinson at 39 Old Indian Road asked if he feels

ed if during his review of the other halfway houses included any objections. Mr. Pessolano said that specific information was not available. Mr. David Robinson at 39 Old Indian Road asked if he feels that all relevant properties that are affected by this type of structure should be included in the plan. Mr. Pessolano said that the application concerns the subject property, people surrounding that subject property are required to be notified by law to participate. But the subject property did not implicate the adjacent properties to be part of the board review. Mr. Kevin Malanga at Ridge Road asked if Mr. Pessolano asked if he was you involved in the collection of the liquor licenses that were part of this application pertaining to other country clubs in New Jersey. Mr. Pessolano said no. OBJECTOR’S POFESSIONAL PRESENTATION