Submission Packet 912

DELL’ ITALIA & SANTOLA ATTORNEYS-AT-LAW 18 TONY GALENTO PLAZA. ORANGE, NEW JERSEY 07050 STACY A. SANTOLA, ESQ. Telephone (973) 672-8000 301 SOUTH LIVINGSTON AVENUE, SUITE 100 ‘Telecopier (973) 672-8215 LIVINGSTON, NEW JERSEY 07039 JOHN P. DELL'ITALIA, ESQ.** ‘Telephone (973) 535-8811 ** Of Counsel DASBARRISTERS@GMAIL.COM ‘Telecopier (973) 672-8215 JOHNPDELL@AOL,.COM REPLY TO ORANGE, NJ September 9, 2024 VIA HAND DELIVERY Diana Chandler Planning & Development Township of West Orange 66 Main Street West Orange, New Jersey 07052 RE: Variance Application for 31 & 29 Bradford Avenue Block: 55.06 Lot: 1.01 & 2.01 Dear Ms, Chandler: Enclosed please find six (6) of the following: Variance Application Resolution Dated August 15, 2024 Proposal Reason for Relief Area Map City of West Orange Property List Survey Set of Photos before and after the retaining wall SN DARY NS 9. Description of Easement 10. Verification of Taxes Paid on 31 & 29 Bradford 11. Engineer’s Letter 12. Photos of Water Drainage 13. Signed and Sealed Plans if you have any questions, please do not hesitate to contact my office. truly yours, DRUITALIA & SANTOLA BY: JOHN P. DELL’ITALIA, ESQ. JPD/ap Enclosures

TOWNSHIP OF WEST ORANGE APPLICATION FORM FOR THE PLANNING BOARD OR ZONING BOARD OF AD. Full Lega! Name: __ De Oliveira, Jose & Newman, Joel (Last) (First) Maiting Address: __ 31 & 29 Bradford Ave West Orange NJ 97052 (Street) (City) (State) (Zip) * Telephone Number: (973})223-6690. Email:__jmoliveira@hotmail.com Is the Applicant an: $2 Individual, (1 Corporation, O Partnership, J) Other Ifthe Applicant is a corporation or partnership, a list of the names and addresses of persons having a 10% +. dnlerest or more in the corporation or partnership must be attached, Relationship of the applicant to the property: BX Owner, 1 Tenant or Lessee, C Purchaser under Contract (with consent of owner, [1 Other (please specify) If the applicant is not the owner of the property in question, the applicant tiust submit an affidavit with the owner(s) authorization to proceed with this process, -B.PROPERTY OWNER INFORMATION » Check here if same as applicant, If the owner ts not the applicant, please complete the following: Owner's Name: Address: Telephone Number: ( ) Email: C.PROPERTY INFORMATION - ; : Street Address: 34 & 29 Bradford Ave Block Number(s): _ 55.06 ; Lot Number(s): 1.01 & 2.01 : Tax Plate: ; Zone of Property: R-5 The location of the property is approximately feet from the intersection of Northfield Avenue and__34 Bradford Avenue (closest intersection.) Has there been any previous Zoning Board of Adjustment or Planning Board hearings involving this property? & Yes, Date(s); August 15, 2024 ;0 No If yes, please attach copies of the written decisions adopted by the Board to each application, Please attach a list of all contiguous or adjacent property owned by the applicant or owner, fj None Is this property listed in “The Historic Sites Survey” prepared by Robert Guter 7/9/1992] Yes Bl No TAPLANNENG AUD ocrament Library PO-ZBA Applteation 4.201 Satne

[p.tyPE OF APPLICATION indicale the type of application being submitted, check all boxes that apply. Note that more than one variance i may be necessary, please indicate the number of each type needed; 1) C1 Interpretation of ordinance or map. 2) O Appeal of action of Zoning Officer. 3) Gt Variance “C1” Reason: C1 shape of property; 0 physical features; 8} exceptional situation, 4) 0) Variance “C2”. ! 5) O Variance “D”, 6) C1] Subdivision without variances: (J major; O minor; 0 preliminary; O final; preliminary and final. \ 7) O Subdivision with variances: G major; O minor; preliminary; © final; preliminary and final. 8) O Site Plan: C preliminary; © final; Opreliminary and final; C) with variances; [] without variances, | | 9) €] Amended Site Plan, | 10) C1 Conditional Use. i 11) CJ Conceptual. | 12) Cl Home Professionat Office, i 13) Cl Home Occupation. ! 14) C1 Soil Removal Permit, Please list the specific Sections of the Ordinance for which a variance is sought. If additional space is required, please attach a fist. Section; 25-8.4-B ; Proposed: ; Description: , Section: ; Proposed: ; Description: i Section: 3 Proposed: ; Description: poo Section: 3 Proposed: ; Description: po E, DESCRIPTION OF PROPERTY Existing Use of the Property Briefly describe the major elements of your proposal: (a more detailed description is required in Section G.) Allow_the existing of the Retaining Wall that has already been constructed. : ‘The property is_ 10,995.93 (square feet); 25 (acres) : } Impervious Surface Coverage: Present: 3 Proposed: : Building Coverage: Present: Proposed: Is the property located: i | Within 200 feet of another municipality? Ci Yes HINo ; Adjacent to an existing ot proposed county road? G4 Yes ONo Adjacent to other county land? O Yes fd No Adjacent to a state highway? O Yes KI No PAPLANNENG.BRDIDncument Library PLZ Application L221 Slaw

F. EXPERTS The following information ts respectfully requested to enable the Board to facilitate the processing of this application: APPLICANT'S ATTORNEY: _John P. Dell'ttalia, Esq. Telephone Number: ( 973) 672-8000 Email: johnpdell@aol.com Address: 18 Tony Galento Plaza, Orange, NJ 07050 APPLICANT’S ENGINEER: _ Mizra Baig, PE Telephone Number: (204 )736-7546 Email:_ksiengineering@gmail.com Address: 80 Broadman Parkway, Jersey City, NJ 07305 APPLICANT'S ARCHITECT: Telephone Number: ( —) Email: Address: APPLICANT'S PLANNER: Telephone Number: ( ) Email: Address: OTHER EXPERT(S): Telephone Number:( —) Email: Address: If necessary, please list any additional experts below, including address, telephone number and email address. TAPLANNING, ARD\Ducitment Librar\PR-ZIA Application 4-2 Salne

REQUIREMENTS FOR VARIANCES 4A) Please attach a written statement labeled “PROPOSAL”, describe the major elements of your proposal, and describe in detail the physical and use changes proposed, 4B) Please attach a written statement labeled “REASONS FOR RELIEF”, which fully answers 4-1, 4C-2 or 4D (Special Reasons) AND part 4E (Negative Criteria), 4C-1) (For Cé variances only) The strict application of the provisions of the Zoning Ordinance would result in the peculiar and exceptional practical difficulties or exceptional undue hardship under NS.A. 40/55D- 70c(1). List tn detail wherein this case conforms to this requirement, including, if applicable, reference to the exceptional narrowness, shallowness, or shape of the property, or the exceptional topographical conditions affecting the property which applicant contends warrants the granting of the variance. 4C-2) (For C2 variances only) State how the purposes of the Municipal Land Use Law would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment according to NJ.S.d 40:53D-70e(2), Please list all benefits of the deviation to the Towuship and any adverse effects, State haw the benefits of the deviation would substantially outweigh any detriment to the Te ‘ownship. 4D) (For D variances orily) State the special reasons under NWJ.S.A 40:55D-70d affecting this property, 4E) The granting of this variance will.not be Substantially detrimental to the public good and will not substantially impair the intent of the zone plan and zoning ordinance. List in detail the Teasons, among others, why the variance can be granted without being materially detrimental to the welfare of the community or injurious to the property or improvements of others in the neighborhood and zone. H. PLAT SUBMISSION 4F) Please fist all maps and other exhibits accompanying this application. Attach an additional sheet if necessary, ITEM SIGNED BY DATE/REVISION Elevation Maps (3) Mizra Baig, PE 8/14/23 Survey Daniel Parker 49/23 Photos of before and after retaining wail Photos of Water Drainage Description of Easement aiaaA Executed Easement L NOTICE, Applicant is responsible to publish and serve notice of this application in accordance with Zoning Board of Adjustmen/Planning Board requirements; however, notice may not be served until this

NOTICE, Applicant is responsible to publish and serve notice of this application in accordance with Zoning Board of Adjustmen/Planning Board requirements; however, notice may not be served until this application is certified as complete and the administrative officer has assigned the applicant a public hearing date. TAPLANNING GR DDactemeut LibrarylPA-ZRA Applicwtion 4-215. doe j | i | { i t i

J. VERIFICATION AND AUTHORIZATION SIGNATURE IS REQUIRED FOR ALL OF THE FOLLOWING: APPLICANT'S VERIFICATION Uhereby certify that the above statements made by me and the information contained in the papers submitted in connection with this application are true, Tam aware that if any of the foregoing statements are willfully false, Fam subject to Panisreyt Laren Applicant's stag be bf eo C— Date: Lhilomy x hee t Vere? CONTINUANCE Should the Planning Board/Zoning Board of Adjustment have a full and heavy agenda, or discussion and meeting regarding this application requiring carrying the matter past the statue time limit, the applicant grants permission for such an extension. Applicant’s Signature: Mb ALE Loe Date: Valay (jee & oun? OWNER’S AUTHORIZATION ~ MUST BE SIGNED Thereby certify that reside at 34 & 29 Bradford Avenue in the County of _ Essex and the State of New Jersey i and that Tam the owner ofall that certain lot, piece or parce! of land known as Block(s)___ 55.06 Lot(s) 1.07 & 2.01 on the Tax Map of Orange which property is the subject of the above application, and that said application is hereby authorized by me. Purthermore, | authorize inspection of the site which is the subject of this application. Owner's Signature: hepa Date: afor4 X Jee t AamouS THIS APPLICATION DOES NOT RELIEVE THE APPLICANT FROM COMPLYING WITH OTHER TOWNSHIP ORDINANCES SUCH AS THE TREE REMOVAL ORDINANCE AND OBTAINING THE NECESSARY APPROVALS AND PERMITS UNDER SUCH ORDINANCES, FAPLANMING RED Wocument Library\PH-ZUA Applteatlan 201 Salu

ZONING BOARD OF ADJUSTMENT TOWNSHIP OF WEST ORANGE JOSE DE OLIVEIRA Block 55.06, Lot 1.01 31 Bradford Avenue Case No. ZB-23-11 Resolution No. RESOLUTION MEMORIALIZING DISMISSAL OF APPLICATION WITHOUT PREJUDICE WHEREAS, on November 18, 2023 JOSE DE OLIVEIRA (the "Applicant"), made an application to the Zoning Board of Adjustment of the Township of West Orange (the "Board") for relief under N.J.S.A. 40:55D-70(c) and to permit new retaining walls in excess of 6 ft. on the property identified on the Official Tax Map of the Township of West Orange (the "Township") as Lot 1.01 within Block 55.06, more commonly known as 31 Bradford Avenue, West Orange (the "Property"); and WHEREAS, the application has been adjourned numerous times over the past year, and WHEREAS, Section 5.02 of the 2024 Rules of the Board provides the Board with authority to dismiss applications for failure to prosecute said application; and WHEREAS, the application before the Board meets the standards for Section 5.02 dismissal without prejudice. NOW, THEREFORE, BE IT RESOLVED, that the application of JOSK DE OLIVEIRA is hereby dismissed without prejudice, subject to the following condition: The Applicants shall post sufficient funds with the Township to satisfy any deficiency in the Applicant’s escrow account. Any remaining escrow balance shall be returned to the Applicant within 30 days of the adoption and memorialization of this resolution.

ROLL CALL VOTE: Adoption and Memorialization of Resolution Date: , 2024 Member Motion 2ud “Aye ‘Nay ‘Abstain ‘Absent Neuer ¥ x Schwarzbaum Barbee ¥ Eben x Ricci x Scott x Weiss y Dannemiller _ Sealore- Sussman x The foregoing is a true copy of a Resolution adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of Dated: Aagusd LF, 2024 LE, 2024, Diana Chandlerimmermann, Secretary ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE, COUNTY OF ESSEX, STATE OF NEW JERSEY

JOSE M DE OLIVEIRA 31 BRADFORD AVE, WEST ORANGE, NJ 07052 BLOCK: 55.06 LOT; 1.01 PROPOSAI This variance proposal outlines the need for and benefits of replacing an existing failed railroad retalning wall with a new gravity blocks retaining wall exceeding the standard height limitation of 6 feet ona nstruct a fence around said wall to provide property characterized by significant sloppiness and to col safety for residents, especially my daughter and son, whom are 5 and 3 years old. The purpose of the new retaining wall Is to effectively manage soil erosion, stabilize the terrain, and safeguard the property and surrounding areas from potential damage caused by erosion and runoff, The proposed retaining wall alms to enhance safety, protect the environment, and maintain the integrity of the landscape in accordance with local zoning regulations and building codes. A wooden fence Is also requested to be placed around the rear and side (see sketch for more details) of the new retaining walls. The proposed retaining wall in the rear starts at only 2! In helght and it gradually increases towards the corner where it peaks at approximately 9/3”. The wall on the side is a two-tiered retalning wall system. ‘the first one adjacent to the property line, has a peak height of 6’. The second wall is pushed back 4 feet and has a height of 5’ in average. The wall alongside the property Jine was needed in order to stop soll erosion. The existing railroad timber retalning wall was built on the hill, This was probably done by the original builder to avoid going through the variance process. However, this caused soil erosion from the bottom of the railroad retaining wall, Therefore, causing it to fail overtime. ‘The primary purpose of the proposed retaining wall is to prevent soll erosion and land subsidence resulting from the lot's steep gradient, By constructing a retaining wall of increased height, the development aims to retain the soil effectively, preventing it from washing away during heavy rainfall or water drainage. Furthermore, the wall will create level terraces, enabling safer land use and minimizing any risk of structural instability. ‘The design of the proposed retaining wall (DESIGN TO BE PROVIDED) will be carried out by certified a engineer experienced in land development and slope stabilization. The wall's design will take into account various factors,