Minutes · Feb 19, 2026
February 19, 2026, Regular Meeting
3723c05b755cf3b632dd8c811108223abf6969789fae9a6bf6b42169d89db3acIndexed text
PROFESSIONALS QUESTIONS J. Hess asked if exempt, will the applicant comply. Mr. Cunningham said yes. No questions from M. Elgart. PUBLIC QUESTIONS Eric Chen (25 Cannon Terrace) asked for confirmation that this applicant will not touch Nicholas Avenue. Mr. Cunningham said originally yes it was going to be, but no longer. Mr. Chen referenced a gate on plans and whether they were there in error. Mr. Cunningham said that he believes Mr. Chen to be looking at previously submitted plans, not the most recent. PRESENTATION Mr. John Olivio, Landscape Architect entered the record, was sworn under oath, and credentials were accepted. He testified that an inventory of trees was conducted by a Licensed Tree Expert and he worked with him to determine which trees were viable and which should be removed. He reviewed Landscape Plan sheet L100 (Dated December 27, 2024, revised to January 31, 2026). He identified the trees to be removed, and the replacement trees provided on the Site. He discussed that the trees chosen for the plan need to be non-toxic to horses and that evergreens that will provide dense screening were chosen for near the paddock and arena, and landscaping was also provided around the parking lot and near Nicholas Avenue to provide screening to the neighbors. He also presented Exhibit A-1, a colorized version of sheet L100 of the Landscape Plan. In response to this, he testified that several hybrid trees were chosen, and some species chosen are already on site, 144 plantings are proposed. The Board noted that several trees were proposed in the Right of Way and they would need to be moved on site or permission must be obtained from the Township. He acknowledged that the 50-foot buffer was not provided, but that dense planting are proposed in the spirit of the ordinance. Mr. Olivio agreed to work with the Township Forester (Walt Kipp) to finalize the plan, but that he could not commit to all of the plantings being from the preferred list as the safety of the animals was his top priority. BOARD QUESTIONS L. Cohen asked about the reasoning behind the non-native trees chosen. Mr. Olivio answered that the reason is solely because of the toxicity of other kinds of trees. NO PROFESSIONALS QUESTIONS PUBLIC QUESTIONS Eric Chen (25 Cannon Terrace) asked if there were trees that died during construction phases. Mr. Olivio said yes. PRESENTATION Mr. Thomas Ricci,
trees. NO PROFESSIONALS QUESTIONS PUBLIC QUESTIONS Eric Chen (25 Cannon Terrace) asked if there were trees that died during construction phases. Mr. Olivio said yes. PRESENTATION Mr. Thomas Ricci, P.P. entered the record, was sworn under oath, and credentials were accepted as a Professional Planner. He testified to the variances required and noted that a written planning report was provided. He testified that this is a unique application for a horse stable. The Master Plan specifically addresses the horse stables on Woodland Avenue, recommends that it be rezoned to the R- 1 zone, and noted that it is a unique resource in the Township.
He also testified that the expansion proposed is minor, they are enlarging the arena and paddock areas and removing a 2-story house. The Site is particularly suited to the use; it has existed for many years and is accepted in the Master Plan. The expansion is a d(2) use variance and is governed by the Burbridge v, Mine Hill case. The Applicant needs to show that the expanded use can be accommodated and harmonized with the surrounding uses. He testified that the Stormwater improvements and landscaping help the application site fit within the community. He also testified to the d(1) use variance for the riding stables on Lot 176 in the R-5 zone. He testified that all three lots have always been in the same ownership and that removal of the residential house to make way for the expansion of the arena, paddock and improved parking was appropriate. Mr. Ricci also testified to the c variances and the fact that the lot coverage was an existing condition that is being improved and the improvements are a benefit to the neighborhood. NO BOARD QUESTIONS PROFESSIONALS QUESTIONS M. Elgart asked about confirming the location and type of screening with new vegetation on the application site. Mr. Ricci did as such. NO PUBLIC QUESTIONS NO PUBLIC COMMENT CONDITIONS: The Applicant shall comply with the comments in the Board’s Engineering Review Letters from Mr. Hess of CME except that the geotechnical report shall not be required. The Applicant shall comply with all other comments including but not limited to, (a). provide as built plans at the completion of construction, (b). provide site improvement cost estimates, (c). add details on the EV charging station, (d). provide an Operations and Maintenance Manual for Stormwater, (e). work with the Township Forester to finalize the species of trees and plantings in the Landscape Plan so that they comply with the Township’s goals and are also non-toxic to the horses, (f). provide details of the PVC privacy fence and integrated gate around the arena, (g). update construction plans to add a tracking pad for construction activity exiting to Nicholas Avenue, (h) provide a solid waste management plan in writing. The Applicant shall consolidate the lots prior to the issuance of a certificate of occupancy. The Applicant’s attorney shall draft a lot consolidation deed and provide it, along with a legal description, to the Board
all consolidate the lots prior to the issuance of a certificate of occupancy. The Applicant’s attorney shall draft a lot consolidation deed and provide it, along with a legal description, to the Board Engineer and Board Attorney for review and comment prior to execution and filing with the County Recorder of Deeds. A recorded copy shall be provided to the Board Secretary and the Tax Assessor for their records, The Applicant shall replenish all escrow fees in a timely fashion and pay all required fees including the required nonresidential development fee payment in compliance with the Township’s Affordable Housing Ordinance This approval does not include any improvements on the Nicholas Avenue public right of way owned by the Township of West Orange.
e This approval shall be subject to all requirements, conditions, restrictions and limitations set forth in all prior governmental approvals, to the extent that same are not inconsistent with the terms and conditions set forth herein. e The Applicant shall replace any trees in the evergreen buffer planted in compliance with the 2004 application that are not thriving. e The Applicant shall comply with all Federal, State, County and Township statutes, ordinances, rules, regulations and requirements affecting development in the Township, County, and State, including but not limited to Township and DEP Stormwater regulations, the June 2024 municipal Tree Ordinance, NJDOT, NJDEP, Essex County Planning, and Hudson Essex Soil Conservation District requirements. e The Applicant shall be bound by all the evidence, including documents and testimony presented by the Applicant at the Public Hearing. e Pursuant to Sections 25-48.10(a) and 25-48.10(c), of the Ordinance, the variance relief granted by the Board and identified herein shall expire within two (2) years and one (1) day from the date of publication of a notice of the granting of such relief in either the official newspaper of the Township of West Orange or a newspaper of general circulation in the Township, unless, before the expiration of said two (2) year and one (1) day period, either (i) a building or construction permit is secured and issued or (ii) the actions authorized hereby have been commenced. e These Conditions shall be clearly printed on the Engineering drawings submitted for filing in the official records of the Board. Motion: B. Scott Second: L. Cohen Barbee: Y Schwarzbaum: Y Ben-Zyi (Alt.): - Scott: Y Cohen: Y Sussman (Alt.): - Dannemiller (Alt.): - Weiss: - Dubovy (Alt.): Y Neuer: - Miller: Y Chairperson Neuer adjourned the meeting at 11:05 PM J , Adopted: 3/14/2026 dler, Secretary 10
File revisions (1)
- Sep 29, 2026
3723c05b755c4,306,070 bytes