May 7, 2025, Planning Board Regular Meeting Minutes

doesn't seem fair to them, and it doesn't feel like responsible planning. Mr. Barton wanted to make it clear that they are real people, are residents of West Orange, and they love this town. Their children love their schools, and they are looking forward to living here for a very long time, and they really appreciate it if the board would not add insult to injury on this particular property. Heath Shelby at 5 Edgehill Court said as a 30-year resident of the town of West Orange and as a commissioner of the West Orange Historic Preservation Commission in town, she is supportive of a healthy and vibrant downtown, but in balance with historic preservation. She really urges the board to think about the impact that this type of development will have seven feet from the property lines of one of New Jersey's preeminent historic properties. What she is seeing is that a property that was non- conforming is requesting a second non-conforming use. That will enhance the applicant's property and add renewed ratable for the township, yet the neighboring property values would be greatly impacted. It is a visible intrusion to have a third story added to this building, and she really hopes that the board will consider the weight of this applicant's request heavily in terms of how it will impact the historic nature of Llewellyn Park. Stan Shapiro at 12 Edgehill Road said he opposes and he requests that the board rejects this application for the variance. There was an argument or a discussion that was made and the applicant's representatives or maybe some of the somebody affiliated with the board was interpreting the conditional use rules contrary to Mr. Steck. Mr. Steck pointed out that that all the requirements, including the density requirements, would apply to both the residential and the commercial use. But the argument that somehow if you're using it for a residential use, there's a density limit and then if you make it a mixed use and add a commercial use to it, that density limit would go away and you could go in and add more, plus, the commercial, it makes no sense. That is an illogical, unreasonable interpretation of the rules Mr. Shapiro respectfully submits and it shouldn't be applied to this application that way. The density use that they want to use to add another story to add three or four more apartments, it doesn't apply to a hardship. If the applicant has

shouldn't be applied to this application that way. The density use that they want to use to add another story to add three or four more apartments, it doesn't apply to a hardship. If the applicant has a medical practice, there's sufficient space on the ground floor for his medical practice and he could have the residential units on the existing second floor. It's really just to enhance for himself the value of the property, it's not a hardship to use it. They say they don't know if there was a variance or how that building got put up without the buffer all the way on the edge. It's clearly an intrusion on the neighboring properties as it exists. They don't know why or how that happened before, but now to go ahead and make it that much worse by adding another floor, that's not logical, that's just making it worse. To benefit the Main Street corridor, if you're going to renovate, you should be moving that property up to the sidewalk line, relocating it so that it conforms to the abutting properties on Main Street. Lastly, he heard the debate of the architect that they have a third floor with no elevator and only one means of egress and the emergency will have three or four residential units up there, and Mr. Shapiro questions that that's what this board is going to allow? That if in the case of a fire, those people have only one way down? That's not the variance they should be doing. Lenny Carr at 83 Mountain Avenue said that he sits on the board’s side of the seat most evenings. He was appointed to the State Investment Council by the Governor and he hears the public's comments all the time about how they're the fiduciaries of the state's monies and better ways to do it. He appreciates the service that the board is contributing tonight, and his statement is following on the statements of his neighbors around West Orange who have lived here for a long period of time. On the technical perspective, Mr. Stack raised excellent points. On the rationale, there are some serious objections. The one 15