March 19, 2026, Regular Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING March 19, 2026 8:00 P.M. The West Orange Zoning Board of Adjustment held a regular meeting on March 19, 2026, commencing at 8:00 PM utilizing the virtual Zoom platform. Chairperson Philip D. Neuer called the meeting to order at approximately 8:00 PM. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle, and the Star-Ledger and posted on the Township Bulletin Board in accordance with the “Senator Byron M. Baer Open Public Meetings Act” and the “Publication Reform Act.” Chairperson Philip D. Neuer asked everyone to stand for the Pledge of Allegiance. Ms. Kelly Carey, Esq., Board Attorney, read the opening statement. ROLL CALL Present: William Michael Barbee, Tal Ben-Zvi, Laurence Cohen, Todd Dubovy, Robin Miller, Philip D. Neuer, Brent D. Scott, Marc Sussman, Alice Weiss (excused tardiness/arrival: 9:36 PM) Absent: Michael Dannemiller (excused absence), Irv Schwarzbaum (excused absence) Also Present: Kelly Carey, Esq., Board Attorney Diana L. Chandler, Board Secretary John Hess, Consultant Engineer Christopher Dochney, Consultant Planner Ms. Carey and Chairperson Neuer confirmed the presence of a quorum of Board Members. ANNOUNCEMENTS Future Meetings: April 16, 2026 (Regular Meeting) May 28, 2026 (Regular Meeting) June 18, 2026 (Regular Meeting) SWEARING IN e Township Professional(s), Mr. John Hess (Consultant Planner) and Mr. Christopher Dochney (Consultant Planner) were sworn under oath.

MINUTES e February 19, 2026, Regular Meeting Barbee: Y Schwarzbaum: - Ben-Zvi (Alt.):_ Present Not Voting | Scott: Y Cohen: Y Sussman (Alt.): - Dannemiller (Alt.): - Weiss: = Dubovy (Alt.): Y Neuer: Present Not Voting LMiller: ¥ ANNUAL REPORT Motion: Chairperson Neuer Second: R. Miller Barbee: Y Schwarzbaum: - Ben-Zvi (Alt.): Y Scott: Y Cohen: Y Sussman (Alt.): Y Dannemiller (Alt.): - Weiss: : Dubovy (Alt.): Y Neuer: Y Miller: Y _| RESOLUTIONS Motion: L. Cohen Second: W. M. Barbee ZB-24-15 Waystone Realty LLC 42 Eagle Ridge Way Block: 106; Lot: 24.01; Zone: R-1; (Approved 2/19/2026) Application for Preliminary and Final Major Site Plan Approval with D Variances was approved with conditions at the Febru Motion: B. D. Scott Second: W. M. Barbee ary 19, 2026, Regular Meeting. Barbee: Y Schwarzbaum: - Ben-Zyi (Alt.): - Scott: Y Cohen: Y Sussman (Alt.): : Dannemiller (Alt.): - Weiss: - Dubovy (Alt.): Y Neuer: - Miller: Y

¢ ZB-25-02 Montclair Stables LLC (Approved 2/19/2026) Block: 152.02; Lot:176,179, & 186 ; Zone: R-1, R-5, B-5, 12-22 Woodland Avenue Application for Preliminary and Final Site Plan Approval with C and D Variances was approved with conditions at the F with agreed revision requested by R. Meeting. Motion: W. M. Barbee Second: T. Dubovy ebruary 19, 2026, Regular Meeting. Resolution Miller was adopted at the March 19, 2026, Regular Barbee: Schwarzbaum: - Ben-Zvi (Alt.): Scott: Y Cohen: Sussman (Alt.): - Dannemiller (Alt.): Weiss: - Dubovy (Alt.): Neuer: - Miller: APPLICATIONS 1.) ZB-24-17 Pardo Development Group Inc. (Carried from 1/15/2026) 104 Winding Way Block: 46.01; Lot: 33 Application for C Variance for a single — family dwelling was denied at the March 19, 2026, Regular Meeting. PRESENTATION ¢ Chairperson Neuer announced for the record as a reminder to all parties that Board Member, Mrs. Alice Weiss and Alternate Board Member, Dr. Tal Ben-Zvi are recusing themselves from this application. e Mr. Stephen Hehl, Esq., entered the record on behalf of applicant, Pardo Development Group. He proceeded to provide a brief summary of previous testimony from appearances at the August 21, 2025, and November 20, 2025, meetings. He informed the Board that there are no new witnesses, or new testimony for this meeting but that all of the witnesses who previously testified are present at this meeting and are available for recall if necessary. It was at this time that Chairperson Neuer asked the Board Members if they had any specific questions for particular experts. BOARD QUESTIONS eM. Sussman asked John Baree (Professional Planner) about this property being a buildable lot. Mr. Baree was then sworn under oath and continued to be recognized as a Professional Planner. Mr. Baree said that one of the hardships resulting in the necessity of variances is the topography of the lot for relief. In response to this, Chairperson Neuer asked Mr. Baree for specifics. Mr. Baree referenced the steep slope disturbances for coverage with a C2 argument adjoining property price out of range. e Chairperson Neuer asked Mr. Baree to expand with specifics upon the concepts that justify the variances beyond just “hardship” based on the Municipal Land Use 3

Act. Mr. Baree said that the property is constrained by the steep slope, reductions in lot area due to its shape (narrowness/width), and the property's topography. © Chairperson asked for specifics regarding the proposed 20 feet high retaining wall. Mr. Baree said that it is on the backside of the property with an engineering basis that he could not testify to, but the slope of the property is such that the retaining wall is considered the “backstop for the buildable area.” © Chairperson asked for information pertaining to the potential purchase of the properties on either side of the application site. Mr. Hehl said that attempts were made. However, the amount was just not feasible/marketable. ¢ L. Cohen asked Mr. S. Hehl about the Green Acres letter and if the Town was asked if the purchase of this land was available. Chairperson and Mr. Hehl said that the process is a lengthy one with the end result being possibly not in favor of any party at all. In response to this, C. Dochney (Consultant Planner) responded saying that Green Acres it is a twenty (20) fold process for Open Space and that the process is timely (emphasizing that the process could take years). PROFESSIONALS QUESTIONS e J. Hess asked, referencing the retaining wall being at one point 20 feet high, asking if there is a possibility of making it smaller. Mr. Baree said that he could not answer. PUBLIC QUESTIONS ¢ Kevin Malanga (53 Ridge Road) asked if the property is deficient in width. Mr. Baree said yes. Mr. Malanga asked if, at the time of purchase, the applicant knew the particulars about the property. Mr. Baree said that he did not know the answer to this question. Chairperson Neuer followed up, asking whether his client knew of any zoning change. Mr. Baree said that he did not know the particulars. PRESENTATION e Mr. John (Giovanni) Manilio, PE entered the record, was sworn under oath, and confirmed of no change in licenses/credentials. ¢ Mr. Manilio referenced Grading & Utility Plan and Construction Details (Revison Date — 11/4/2025) with walls along the driveway reaching the height of 20 feet, getting larger along the line. BOARD QUESTIONS eM. Sussman asked what the lot depth is. Mr. Manilio answered that it’s 180 ft. He then followed up by asking for confirmation that the change in elevation is 70ft. Mr. Manilio said yes. Mr. Sussman asked if that is unsual. Mr. Manilio said

Mr. Manilio answered that it’s 180 ft. He then followed up by asking for confirmation that the change in elevation is 70ft. Mr. Manilio said yes. Mr. Sussman asked if that is unsual. Mr. Manilio said yes and no because this is not a typical application site. Mr. Sussman asked for confirmation of the application site’s address. Mr. Manilio said 101 Winding Way and that the Tax Assessor’s Office was not able to give this property the address of “1 Undercliff Terrace” because there was already one with that address name. ¢ Chairperson Neuer asked if there was any analysis on the grading. Mr. Manilio said that there was a cut analysis with no results and there was no dirt coming in. Chairperson asked if Mr. Manilio was knowledgeable about the grade differential with the steep slope ordinance. Mr. Manilio said that this property would be unbuildable without variances and that review. © It was at this time Exhibit Al Letter to Mr. Hehl about the adjacent property was entered into the record. This letter stated that John & Alecia Marcantonio who

reside at 1 Undercliff Terrace, West Orange, NJ 07052, had an interest in selling their property for $1,025,000. PROFESSIONALS’ QUESTIONS/DISCUSSION e J. Hess voiced his concerns about the 20 foot wall and the logistics of if someone is walking on the high side of the wall, what the safety precautions are to protect them from a fall. Mr. Manilio said that there is going to be a four (4) feet high fence along the length of the wall. Mr. Hess asked particulars about the materials used for construction. Mr. Manilio said that he has gone back and forth with the applicant and that they have not nailed down on what the exact materials will be used. He thinks its going to be a concrete wall with the type being port in place. Mr. Hess said that would be their best choice. NO PUBLIC QUESTIONS PRESENTATION ¢ Mr. Nuno Catainica, Applicant/Owner, entered the record and was sworn under oath. BOARD QUESTIONS ° Chairperson Neuer asked if Mr. Catainica was a decision maker to purchase. Mr. Catainica said that his partner, Mr. Oswald Pardo was the decision maker and is not present this evening’s meeting. Chairperson asked if Mr. Catainica was aware of the costs. Mr. Catainica said yes. Chairperson asked if the physical constraints have changed. Mr. Castainica said no. eR. Miller asked if Mr. Catainica has ever developed like this before. Mr. Catainica said yes, but in a commercial setting, not residential. Ms. Miller followed up asking if Mr. Catainica if he’s ever dealt with steep slopes like this before. Mr. Catainica said no. ¢ L. Cohen asked if he had ever considered using stilt construction for this property. Mr. Catainica said that it would be a dis-justice to the neighborhood. NO PROFESSIONALS QUESTIONS PUBLIC QUESTIONS © Kevin Malanga (53 Ridge Road) asked if Mr. Catainica considers himself an experienced developer. Mr. Catainica said yes. ¢ Mr. Malanga asked for the number of properties developed. Mr. Catainica said approximately 20-30 properties. Mr. Malanga asked PUBLIC COMMENT ¢ Anthony Nicottera (3 Undercliff Terrace) was sworn under oath and spoke in opposition to the application. ¢ John Marcantonio (1 Undercliff Terrace) was sworn under oath and spoke in opposition to the application. * Nicholas Recchia (100 Winding Way) was sworn under oath and spoke in opposition to the application. Mr. S. Hehl Esq, offered closing arguments for this

and spoke in opposition to the application. * Nicholas Recchia (100 Winding Way) was sworn under oath and spoke in opposition to the application. Mr. S. Hehl Esq, offered closing arguments for this application stating that this property “doesn’t want to be zoned into inutility.”

BOARD DISCUSSION ¢ Chairperson Neuer said that he is not in favor of this application because it is a self-created hardship, stated that this is not a homeowner but a developer’s project where they are going to (in his opinion) forget about this project as soon as he is finished with it. eR. Miller and B. D. Scott mentioned their agreement with Chairperson Neuer with Mr. Scott saying that he is especially not in favor of this application due to the unnecessary hardship of the site. Motion To Deny: Chairperson Neuer Second: R. Miller Barbee: Y Schwarzbaum: - Ben-Zvi (Alt.): - Scott: Y Cohen: Y Sussman (Alt.): Y Dannemiller (Alt.): - Weiss: - Dubovy (Alt): Y Neuer: ¥ Miller: Y BREAK 9:29 PM — 9:36 PM. Upon return from the break, Chairperson requested a roll call and the presence of a quorum was confirmed. 2.) ZB-22-13 MPB Realty (470 Eagle Rock Avenue) (Carried from 1/22/2026) Block: 153; Lot:38; Zone:B-2 470 Eagle Rock Avenue Preliminary & Final Major Site Plan PRESENTATION e Mr. Benjamin Wine, Esq. entered the record on behalf of the applicant, provided a summary of previous testimony from other meetings. e Mr. Matthew Bersch, PE was sworn under oath and credentials were confirmed of no change. ° Mr. Bersch referenced Landscape Plan (Dated 3-6-2026) reflecting changes requested from the Forester and Professionals. ¢ Mr. Bersch confirmed that his office has reviewed the forester's February 5, 2026 memo. In working with the landscape architect to prepare this Landscape Plan exhibit, a Demolition and Tree Removal exhibit, and an updated Tree Removal Report were all prepared to address the comments from that memo, and were all resubmitted as part of the most recent submission. e The changes shown on these documents include clarifying a discrepancy between the Tree Removal Report and the tree replacement calculations on this Demolition and Tree Removal Plan with an updated a tree protection fence detail, and there was a change made to a particular tree species that was being proposed.

° Mr. Bersch confirmed that his office had received the updated memo from the forester dated March 18, 2026. In reviewing that Mr. Bersch said that he feels that they have addressed all of the technical comments except for one but testified that they agree to work with the forester to address this last remaining comment. NO PROFESSIONALS’ QUESTIONS C. Dochney had no questions. But wanted to put a minor point of clarification regarding the number of parking spaces that are completely permitted on the record. Since everything up to the line of the building face is essentially a front yard, he counted 12, maybe 13 spaces that would technically be in a side yard on this application. Even a few of the spaces on the east side in the front of the east side of the parking lot are in the front yard. Those require variances as well. Everything along both frontages, both of those parking lots are triggering a variance. So it's only the parking by the dumpster and by the east side of the building that is technically totally permitted by code. So of the 48 spaces, 36 are triggering a variance with only 13 “good spaces”, BOARD QUESTIONS L. Cohen asked what trees are being saved based on his review of the March 18, 2026 memo from the forester. Mr. Bersch referencing the Demolition and Tree Removal Plan saying that all trees being removed are outlined in circles with Xs stating that there are little to no trees that are actually being saved but all the trees onsite are being removed. Mr. Cohen referenced the trees along the eastern side of the property line and asked if he was concerned about them due to the rarity of the type. Mr. Bersch said that a majority of the trees on this property are either invasive, dead, dying or diseased. Further adding that they are complying with the replacement calculations to replant 64 trees. But planting hundreds of other evergreen trees, deciduous shrubs, evergreen shrubs and plantings throughout the site. Increasing the impervious coverage onsite. Chairperson Neuer asked if Mr. Bersch is a licensed Tree Expert. Mr. Bersch said no. Chairperson followed up by asking if Marla Roller, the Landscape Architect is a Licensed Tree Expert. Mr. Bersch said no. In response to that, Chairperson Neuer referenced the March 18, 2026, memo from the Township Forester where Mr. Kipp stated that "A New Jersey state licensed tree expert must provide a

Bersch said no. In response to that, Chairperson Neuer referenced the March 18, 2026, memo from the Township Forester where Mr. Kipp stated that "A New Jersey state licensed tree expert must provide a written report itemizing each tree by species, DBH, location (diagram) and health in order to determine replacement requirements. Once this is received, we will calculate replacement." Confirming that based on the information about Ms. Roller’s credentials, that the applicant has not complied with that requirement. e In response to this, Mr. Wine and Chairperson Neuer had a back and forth where it was determined by Chairperson Neuer that not utilizing a licensed tree expert will not be granted a condition stating that, “To make that a condition of approval to come afterward is taking away the authority of the Board to make a determination.” Mr. Wine asked to add to the record that the applicant believes that they are in excess of the replacement requirement at a significant level. Chairperson Neuer asked if Mr. Bersch had calculations as to whether more impervious coverage could be removed if there were only one restaurant on this site? Mr. Bersch said that he hadn’t completed that calculation.