Prior Resolutions of Approval submission

m W.0. PLAR DEVELOPMENT Hay 3 3 5 Fil ‘02 BOARD OF ANJUSTMENT ZB-84-21 THE TOWNSHIP OF WEST ORANGE RESOLUTION ; ZB 02-27 WHEREAS, J. PETER RUSH, is the purchaser under. contract .of premises known as 64-A, Block &4-A, as shown on the tax map of the Township of West Orange; and WHEREAS, the said J. Peter Rush has made application to the. Zoning Board of Adjustment for a use variance pursuant to N.J.S. A. 40:55-D70(a), for permission to use an existing one family residential dwelling house’as a commercial office, and to erect an accessory free standing sian, and for site plan approval; and WHEREAS, the Board of Adjustment has considered the applica- tion together with drawings submitted, ‘as well as the testimony offered in support of the application, and has ‘also considered the comments of the public at the hearings as noted tn the appro- priate minutes of the Zoning Board ofthe Township of West Orange, and based upon the foregoing has made the following factual findings of fact at the public hearing held on December 11, 1984: 1. The premises are owned by George Altman. 2. J. Peter Rush is a purchaser under contract of the premises.

The subject premises are located in the P.U.R.D. Zone ‘District. The uses permitted by the Zoning Ordinance in the P.U.R.D. Zone District are limited to single family residential dwellings, townhouses, garden apartments and apartment buildings. The premises fronts on Prospect Avenue having frontage of apsroximately 183 feet and being approximately 167 feet in’ depth. The single family residence situate on the aforesaid premises consists of a two story stone veneer building approximately 37.5 feet wide and 26.5 feet deep. The Qwelling house is approximately 44 feet from the right of way line of Prospect Avenue and is located approximately. 55.5 feet from the easterly sideline and 99.55 feet from the westerly sideline. The building and more specifically the attached two story garage at the rear of the building is 44.75 feet from the rear line. In the vicinity of the subject premises on, Prospect Avenue,..except for the nearby substantial condominium complex, can be found a majority of non-residential uses including restaurants, offices, and immediately opposite the subject premises across -Progpect Avenue, a substan- tial shopping center. . The applicant proposes to use the subject property as a real estate sales office.

~~ 10. The only exterior structural change involves Lhe squar- ing off of the building resulting in a gross square foot increase of 745 square feet. 11. Aoplicant proposes to improve the appearance of the structure by improving the landscaping and general _ condition of the premises. Based on the foregoing; the Zoning Board of Adjustment reaches the following conclusions: “1. |The premises is and has for many years been used as a single family residence. The area surrounding the subject premises, although zoned in such a way as to permit singlé family uses, has been developed in a manner more consistent with commercial and multi-family uses than single family uses. Accordingly, the single family. use of the premises is not compatible with the surrounding area. 2. In consequence of the foregoing, there is substantial | potential in the immediate future for deterioration and | obsolescence of the dwelling house if it must continue to be used as a residential dwelling. 3.° The proposed use is more compatible with the surrounding area than the existing use and in conversion of the. structure to the more compatible real estate sales office will tend to prevent. its deterioration and obso- lescence, all of which will tend to. benefit the surroun@ing area by encouraging business activity in an area which has predominately business uses. 1 w '

4. Because the existing use is not compatible with the surrounding area and the proposed use is, it.is the conclusion of the Board of Adjustment that this unique condition represents a special reason justifying the granting of a Use Variance particularly where it appears as it does here that the.existing permitted use may tend to impair the surrounding area whereas the proposed non- permitted use will tend to improve it. 5. For the same reasons the Board concludes that what is proposed will neither be substantially detrimental to the public good, nor will what is proposed. cause substantial detriment to the zoning scheme and the plan of the Township of West Orange. NOW, THEREFORE, BE IT RESOLVED, by the Board of Adjustment of the Township of West Orange, on this 17th day of January, 1985, that the application of J. Peter Rush to convert the existing structure toa commercial sffice aaa erect a free standing sign is heréby granted, subject to the following conditions: . : a: A.- Approval of this Board of a Site Plan within six (6) months of the date of this Resolution, pursuant to proper application on notice as required by law.

e- ? B. Approval of the Site Plan by the Essex County Planning Board. Cc. Approval of the Site Plan by the. Hudson, Essex, . Passaic. Soil Conservation District. THOSE IN FAVOR THOSE OPPOSED DAN GALATE THOMAS QUIGLEY NICHOLAS VECCHIO The foregoing is a true copy of a Resolution adopted by the Zoning Board of Adjustment of the: Township of West Orange meeting on January 17, .1985. DATED: ae Nitec MARION BHRHART, SECRETARY January 17,.1985

liay 9 3 us py v BOARD OF ADJUSTMENT OF “THE TOWNSHIP OF WEST ORANGE R.E‘S OLU.TION ZB 02-97 ZB-84-21 WHEREAS, J. PETER RUSH, 460 Prospect Avenue, West! "Orange, New Jersey, has applied to the Board of Adjustment of the Township of West Orange for site plan approval of premises known. as 460. Prospect Avenue, Block 84A, Lot 64A; and WHEREAS,. the applicant has met. the jurisdictional requirements of the Zoning Board ‘of West Orange and the New Jersey Statutes; and °* WHEREAS, .on January 17, 1985, a Resolution was. adopted by the Board of Adjustment of the. Township of West Orange grant- ing permission to use the existing one family residential dwell- ing house as a commercial office, ’and to erect an accessory free standing sign, subject to the conditions enumerated therein; and WHEREAS, an application was made for site plan approval on December 27, 1984; and WHEREAS, the Board of Adjustment of the Township of West Orange.on January i7, 1985, approved the application for site plan approval subject to conditions.

NOW THEREFORE, BE IT RESOLVED, by the Board of Adjust-— ment of the Township of West Orange on this 14th day of February, 1985, that the site plan application of J. Peter Rush, prepared by G.C. Stewart Associates, as amended on January 16, 1985, shall be and is hereby approved subject to the following condition: The applicant shall apply to the Villas at Eagle Ridge for sanitary and storm drain easements. THOSE IN FAVOR THOSE OPPOSED DAN CALATE THOMAS QUIGLEY NICHOLAS VECCHIO PEG SEELIG is The foregoing is a true copy of a Resolution adopted by the Zoning Board of Adjustment of the Township of West Orange meeting on February 14, 1985. a ae MARION EHRHART, SECRETARY DATED: February 14, 1985

BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE RESOLUTION ZB / 02-27 WHEREAS, Weichert Realtors, having its main office at 1625 Route 10, Morris Plains, New Jersey 07950, (“the Applicant’), has applied to the Zoning Board of the Township of West Orange, (“The Board”) regarding premises 460 Prospect Avenue, West Orange, New Jersey, being Block 105, Lot 64.01 on the Tax Maps of the Township of West Orange and located in the PURD Zone for a “D” variance for said location occupied by it as the tenant of James M. Weichert, the owner, who has consented to the application in writing, seeking to construct a two-story 2,730 square foot addition onto the rear of the existing office building used as a realtor’s office and requiring a “D” variance because the original use is non-conforming and is being expanded, and two “C” variances for lot width and side yard set back, and two additional “C” variances for rear yard set back and impervious surface coverage; and also seeking site plan approval; and WHEREAS, the Applicant presented proof that adequate notice of the hearing on said application was published in the West Orange Chronicle, one of the official newspapers of the Board; and WHEREAS, the Applicant submitted proof of service of notice of the hearing upon all the property owners within 200 feet of the property; and WHEREAS, the application was heard at public meetings of the Board on August 22, 2002 and September 19, 2002; and WHEREAS, the matter was presented by Robert Gaccione, Esq. as attorney for the 1

Applicant; and WHEREAS, submissions from the Applicant included architectural plans A1 - A5 prepared and signed by David N. Bilow, licensed architect of the State of New Jersey, and dated April 11, 2002; Engineering Plans 1 through 5 prepared and signed by Charles J. Stewart, licensed engineer of the State of New Jersey dated March 15, 2002, and property survey prepared and signed by James T. Stewart, licensed land surveyor, dated December 26, 1984; and Resolution ZB-84-21 and adopted by the Board of Adjustment of the Town of West Orange dated January 17, 1985 granting a use variance for the subject premises to permit it to be used as a commercial office and by a Resolution by the same Board of Adjustment of the Township of West Orange, adopted February 14, 1985 approving the site plan approval for the said property subject to the Applicant applying to the Villas at Eagle Ridge for sanitary and storm drain easements; and the easement agreement dated October 18, 1985 and recorded in Book 4908 Page 871 of Deeds for Essex County made between the Villas at Eagle Ridge Club Condominium and James M. Weichert for the subject property formalizing the easement agreement to allow Weichert to connect into the sanitary sewer pipes and storm water pipes currently located on a portion of the Serviant estate; and WHEREAS, various witnesses were presented on behalf of the Applicant in support of their application which included Ronald DePira, the manager of the Weichert office at 460 Prospect Avenue, West Orange, New Jersey. He pointed out that he has been the manager for some 7 years and that they have 70 licensed agents with 55 on a regular basis but that there are never anymore than 15 or 20 agents at any one time at the

premises which they use for general office purposes, computer space and seeing customers, although much of the business is done at the home or premises being sold rather than at the office. He pointed out that they do not plan to have anymore agents or employees if the expansion approval is granted but rather it will enable them to have more room for the computer area which is needed and more space for interview of customers and for storage of records and other related business which includes the space for the mortgage officer who must come in and talk to the customer for which purpose additional room is needed to make it more user friendly and to have greater efficiency as there will be more computers and sharing of desks as required. The number of agents and employees will remain the same so that the traffic flow would not be increased beyond what the application calls for. The next witness sworn was David N. Bilow, who is a licensed architect of the State of New Jersey for some 34 years and also a licensed professional planner of the State of New Jersey for 14 years, dealing primarily in a commercial practice and having prepared the architectural plans in this matter. He described the plans and pointed out that they seek approval to construct a two-story 2,730 square foot addition onto the rear of the existing office which would be an expansion of the existing real estate office use. Accordingly, since the original use was non-conforming as a one-family house and we are expanding the “D” variance previously granted, a further "D” variance is required for same. He pointed out that in addition there are “C” variances required for lot width and side yard set back and for rear yard set back and impervious surface coverage being a lot width existing of 164.93 feet whereas 300 feet is required, side yard of 42.81 feet existing