May 7, 2025, Planning Board Regular Meeting Minutes

by itself. So Mr. Hazel’s opinion in this case is that it doesn't apply. Ms. McGovern said the parking requirement creates the limits as to how many apartments you can have anyway. So there is some type of limit. It's based on the parking, but there's not a specific density limit. PROFESSIONAL QUESTIONS FOR OBJECTOR Mr. Haizel asked Mr. Speck about his testimony that height, both linear and number of stories was required because this building was within six feet of the rear property line where height, of that height is not permitted, and asked what provision of the ordinance is that from. Mr. Speck said in terms of negative criteria, it assumes that the building is in the legal footprint. In Mr. Steck’s opinion, it relates to the negative criteria by going up higher in an area that's not supposed to have any building and said the applicant needs both a linear height limit variance as well as a story height limit. PUBLIC QUESTIONS FOR OBJECTOR Kevin Malanga from Ridge Road asked Mr. Steck if he saw the architectural styles of the residential structures that are there. Mr. Steck said yes. Kevin Malanga asked if Mr. Steck would characterize that style as folk Victorian or something similar to that. Mr. Steck said he doesn't know if they're Victorian, but they're kind of turn of the century houses, maybe 1910, 1920, but they're all wood frame. Kevin Malanga asked Mr. Steck if he has looked at the architectural plans for the proposed building. Mr. Steck said yes. Kevin Malanga asked Mr. Steck how would you characterize the architectural style. Mr. Steck said he’ll call it super contemporary or new suburban. Kevin Malanga asked is it incompatible visually and aesthetically. Mr. Steck said it is incompatible in terms of its style, in terms of its shape and in terms of its setback. Anne Hersh at 12 Edgehill Road asked Mr. Steck if he is aware that the neighbors are not allowed to plant shrubs due to the dangers of low visibility to those who are driving and walking. Mr. Steck said he is not aware of that. Lenny Carr at 83 Mountain Avenue asked Mr. Steck if the buildings across the street that are three stories in height, justifies that there should be another story added to this building in the B1 zone. Mr. Steck said that's a completely different zone. Lenny Carr asked Mr. Steck if a third story is allowed, does he believe that this would have any

nother story added to this building in the B1 zone. Mr. Steck said that's a completely different zone. Lenny Carr asked Mr. Steck if a third story is allowed, does he believe that this would have any precedent setting effects in the other areas of the B1 zone. Mr. Steck said it doesn't set a precedent. OBJECTOR COMMENT The licensed architect, Eric Buckley, entered on the record, he was sworn under oath and his credentials were accepted by the board. He testified to the following: Mr. Buckley wanted to speak to the quote that Mr. Steck brought up about the elevator. That is from IBC and as it was stated, there is also something within the ordinance for West Orange. Mr. Buckley mentioned the architect, Jason Peist, stated that the area is based on the masonry portion of the building, but Mr. Buckley said the third floor is wood-framed so those super-thick walls that he stated, they don't exist on the third floor, it's wood-framed. Mr. Buckley scaled off his drawings, and what he is seeing is roughly 3,135 square feet, which is over that allotted 3,000 square feet. That is in relationship to the quote about requiring an elevator if any story is over 3,000 square feet and it's three stories or more. 12