Prior Resolutions of Approval submission

whereas 50 feet is required; a rear yard of 31.43 feet instead of 50 feet as required and impervious coverage of 46% instead of 35% as permitted. He pointed out that the existing two-story structure is 3,404 square feet so that the total size of the struciure will be 6,134 square feet. He pointed out that they propose to place’a sidewalk around the building and extend the north end of the existing parking lot by two parking spaces and will provide an entirely new parking lot for 10 parking spaces at the southern end of the property. They will preserve as many of the trees as they can that exist there by arranging the sidewalk and parking lots around them. Parking will include a handicapped spot next to the front of the building in accordance with the requirements of the American With Disabilities Act. This will be van accessible. Necessary signage for same will also be provided. He further indicated that no elevator was required for the building with the addition. He further indicated there would be parking for 19 spaces in the front and that on weekends and evenings when they were not in operation they allowed The Gatehouse Restaurant to have parking there for their customers. With The Gatehouse being replaced by a new entity, they will continue the same arrangement with the new entity. Since this is the expansion of an existing non-conforming use, the proofs are less stringent and less severe in connection with establishing the criteria to satisfy the need for the “D” variance and that the positive and negative criteria were met. He indicated that there was no detrimental effect to the surrounding area as the premises had been in use for many years without any problems and that there was no detrimental effect to the premises or anyone in the area or any user of any surrounding property. He pointed out that the property was particularly suitable for the purpose because it was already in use

and that the special reasons were to make the operation more meaningful and more useful to the Applicant which would promote the general welfare without any detriment. The next witness was Charles J. Stewart, licensed engineer and surveyor, who testified to the engineering aspects involved and referred to the copy of the plan which was marked A-6 and described the site. He indicated that there would be proper landscaping pursuant to a plan that was submitted to the Township Planner and that evergreen planting in the rear would constitute a buffer and that they will reconfigure the sidewalk and parking area so as to save the existing trees. The existing hedge along the pavement shall be eliminated and the lighting to be added shall match that which is there. He pointed out that the drainage was satisfactory by using the existing detention basin with a new storm drainage inlet and new pipelines to tie in. He further indicated that the existing entrance for two way traffic onto Prospect Avenue and onto the driveway along the property line would provide safe ingress and egress for use by persons coming there; and WHEREAS, various members of the Board questioned the various witnesses and their attorney; and WHEREAS, the testimony and report of Susan Borg, Township Planner, and the testimony and report of Allan J. Palmere, Assistant Municipal Engineer, were considered; and WHEREAS, no one else appeared in favor of the application and no one else appeared either opposed to the application and no one else testified either for or against the application; and WHEREAS, all the facts and data contained in the submitted application and all the 5

facts and testimony adduced at the public hearing on said application are incorporated herein as findings of fact of this Board as if set forth at length herein; and WHEREAS, THE BOARD HAVING MADE THE FOLLOWING SPECIFIC FINDINGS OF FACT AND CONCLUSIONS: A. Applicant is the tenant in occupancy of premises at 460 Prospect Avenue, West Orange, New Jersey, Block 105, Lot 64.01 on the Tax Maps of the Township of West Orange in the PURD Zone, being Weichert Realtors, which premises are owned by James M. Weichert, who has consented to the application. The property is used as a real estate office. As indicated in the prior resolutions adopted by the Zoning Board of West Orange, being ZB-84-21 adopted on January 17, 1985 granting a “D” variance to convert the existing one family dwelling into a commercial real estate office, and for the resolution adopted February 14, 1985 granting site plan approval and conditioning it upon the application to the Villas at Eagle Ridge for sanitary and storm drainage easements. It was also noted that the easement agreement had been executed between the Villas at Eagle Ridge Club Condominium Association Inc. and James M. Weichert for the subject property dated October 18, 1985 and recorded in Book 4908 of Deeds for Essex County at Page 871 whereby Weichert was granted the right to utilize the 15 inch reinforced concrete pipe for storm water drainage and the existing 8 inch pipe for sanitary sewer drainage.

The evidence presented indicates the desire to construct a two-story, 2,730 square foot addition onto the rear of the existing office to permit the additional room needed for the real estate operation. In connection therewith, because the use was a non-conforming one that had been granted a “D” variance, and now the use is being expanded, a further “D” variance is required for that use. In addition “C” variances are needed for fot, width and side yard set back and rear yard set back and impervious coverage. The “C” variance required for the lot width involves the existing 164.93 feet against 300 feet required. The “C” variance for the side yard is the existing 42.81 feet instead of 50 feet as required. The “C” variance for the rear yard is 31.43 feet instead of 50 feet as required and the impervious coverage is proposed as 46% instead of 35% as permitted. The foregoing “C” variances will permit them to install an entirely new parking lot consisting of 10 parking spaces at the southern end of the property and a sidewalk around the building and extending the north end of the existing parking lot by 2 spaces. In doing so they will configure the sidewalk and parking space to avoid the removal of the existing trees. With the addition proposed, the Applicant would have more room for the computers that they need and have to expand and more space for meeting with customers although the number of real estate agents working from the location and the employees working therefrom will not increase. The Applicant also seeks approval of the preliminary and final site plan in

addition to the variances sought. The burden of proof for the granting of the use variance is less than the usual burden for a “D” variance because the property is a non-conforming commercial use that is being expanded: Through the evidence presented and the various witnesses, the positive and negative criteria were met and it was pointed out that there would be no substantial detriment to the neighborhood or to the public good, safety and welfare and the proposed variance will greatly improve the property and the neighborhood. The benefits that would arise from the granting of the use variance would be that the property would be greatly improved and no longer be inadequate for the needs of the Applicant and would be used for purposes that would increase the utility of the property and therefore benefit the neighborhood. To grant applicant’s relief would not substantially impair the intent and purpose of the zoning Ordinance and Master Plan of the Township of West Orange. Benefits arising from the granting of the variances will improve the property and be a positive impact for the neighborhood without having any negative impact on the neighborhood. The various “C” variances sought are necessary to the proper development of the property. The proposed application advances the purposes of the Municipal Land Use

Laws enunciated in N.J.S.A. 40:55d-2. oO. Granting the application will not negatively impact on the character of the neighborhood and will not negatively affect the other premises in the neighborhood. , A motion to approve the application for a “D” variance to permit the construction of a two-story, 2,730-square foot addition on the rear of the existing real estate office at 460 Prospect Avenue, West Orange, New Jersey and for the various “C” variances requested as above stated as will be detailed below was made by Bruce Buechler and seconded by William Flannery and voted upon as follows: AYES © NAYS ABSTENTIONS Blind 0 0 Buechler Flannery McElroy Ricci NOW, THEREFORE, be it resolved that the Zoning Board of Adjustment of the Township of West Orange, based upon the Findings of Fact and Conclusions aforesaid and upon the laws established in the State of New Jersey hereby grants the application of Weichert Realtors for a “D” variance for premises at 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 to construct a two story, 2,730 square foot addition to the rear of the existing real estate office so as to provide more room for the operation; the owner of said property James M. Weichert having consented thereto, and for preliminary and final site plan approval and for the granting of the following “C” variances 9

as required in accordance with the plan submitted: 1. 2. 3. Lot width of 164.93 feet as it exists instead of 300 feet as required. Side yard of 42.81 feet as it exists instead of 50 feet as required. 31.43 feet for rear yard instead of 50 feet as required. 46% of impervious coverage instead of 35% as permitted. The foregoing shall accommodate the additional parking that is required in the form of 10 parking spaces at the southern end of the property with two additional at the northern end and with a handicapped parking space in the front in accordance with the Americans With Disabilities Act; and NOW, THEREFORE, be it further resolved that the grant of the said variances shall be conditioned upon the Applicant's full and complete satisfaction of the following conditions: 1. The basement at the premises 460 Prospect Avenue, West Orange, New Jersey shall be used only for storage purposes. Alandscaping plan shall be submitted to Susan Borg, Township Planner, for her approval, and the landscaping shall be installed in accordance therewith. All landscaping shall be maintained in perpetuity so as to require the Applicant to replace all shrubs and/or landscaping that dies in the future with shrubs and/or landscaping equal to or better than that which is there. Amended plans changing the configuration of the sidewalk on the southem side of the building to accommodate keeping as many existing trees as is possible, shall be submitted before a building permit is obtained for the 10

10. 11. approval by the Township Planner and the Office of Municipal Engineering. The addition shail be constructed to match the existing structure in material, color, and style. A signature shall be provided on the plans that have been submitted for the Zoning Board Chairman, Secretary and Municipal Engineer to sign, same to be done before a building permit is applied for. The parking space in the front shall provide for one parking space that complies with the Americans With Disabilities Act to be van accessible and to be 8 feet wide with an 8 foot access aisle. The three required signs that must be provided for the foregoing shall be done in accordance with the act in the form of the accessability sign, the penalty sign, and the van accessible sign, all of which must be shown on the plans. The plans shall be amended as required to reflect the foregoing and shall be submitted to the municipal engineer for approval before a building permit can be obtained, All new parking spaces shall be dimensioned and shall be shown on the plans accordingly. lf amended plans are required to show this, they shall be submitted to the office of municipal engineering for approval before a building permit can be obtained. The curb ramp shall be located at the access aisle instead of in front of the building, thus providing the shortest route to the accessible building entrance as provided by the Americans With Disabilities Act. it

12. 13. 14. 15. 16. 17. Moved By: The Applicant shall pay a supplemental sewer fee of $1.43 per square foot for 2,750 square feet, the proposed addition, or $3,932.50 in accordance with Ordinance Number 1328-95. The project is also subject to a development fee in accordance with Ordinance Number 1138-92. The Applicant shall obtain a tree cutting permit before the removal of any trees. Conditions and approvals granted herein are conditioned upon the West Orange Fire Department Approval. All Findings of Fact and Conclusions of Law set forth herein are deemed conditions that are binding upon the Applicant. The Applicant shall execute, prior to the issuance of a Certificate of Occupancy, an Affidavit of Compliance certifying that they have fulfilled all conditions set forth which shall be to the satisfaction of the Township Planner, Engineering Department and Building Department of the Township of West Orange, who shail be furnished with a copy of this Resolution. No Certificate of Occupancy shall be issued until receipt of an executed Affidavit of Compliance approved and signed by the Zoning Official. Mr. Blind Seconded By: chairman Buechler Those In Favor: 5 Those Opposed: 0 Abstentions: 0 12

| hereby certify that the foregoing Resoiution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of October 17, 2002 and that said Resolution memorializes the action of the Zoning Board taken at its meeting held on September 19, 2002 granting the application by a vote of 5 to 0. <7 / s NORA MYERS, Board Secretary Dated: October 17, 2002 13