August 16, 2012

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING August 16, 2012 The West Orange Zoning Board of Adjustment held a regular meeting on August 16, 2012 at 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairman Neuer called the meeting to order at approximately 8:00 P.M. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle, and posted on the Township Bulletin Board on November 29, 2011 in accordance with the “Open Public Meetings Act.” Chairman Neuer asked everyone to stand for the Pledge of Allegiance Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: B. Buechler, G. Bullock, D. Gabry, P. Neuer, B. Quentzel (8:04), W. Steinhart, M. Sussman, L. Zaolino ABSENT: A. Weiss (excused absence) ALSO PRESENT: E. Keller -- Consulting Engineer Board Attorney: Alice Beirne, Esq. Board Secretary, Rose DeSena Harvey Grossman, Public Advocate ANNOUNCEMENTS Future Meetings: September 20, 2012 (Regular Meeting) — 8:00 PM October 18, 2012 (Regular Meeting) — 8:00 PM November 15, 2012 (Regular Meeting) - 8:00 PM December 20, 2012 (Regular Meeting) — 8:00 PM MINUTES Adopt Minutes: July 12, 2012 (Special Meeting) Chairman Neuer asked the Board if they had any comments regarding the minutes from the special meeting on 7/12/12. Seeing none, the Chairman asked for a motion to approve. Mr. Buechler made a motion to adopt the minutes as presented; Mr. Bullock seconded the motion. All were in favor. It was noted for the record that Ms. Gabry was present but not voting. [1]

Adopt Minutes: July 19, 2012 (Regular Meeting) Chairman Neuer asked the Board if they had any comments regarding the minutes from the regular meeting on 7/19/12. Seeing none, the Chairman asked for a motion to approve. Mr. Buechler made a motion to adopt the minutes as presented; Ms. Gabry seconded the motion. All were in favor. \ SWEARING IN Consulting Engineer, Eric Keller was sworn under oath. DISCUSSION Mr. Bullock stated that his personal policy is that the only person who should receive his email regarding his notice of attendance is the Board Secretary. He said that his concern is filling up everyone’s email boxes with unnecessary emails especially if the email is not for that specific person. Chairman Neuer stated that most people have a tendency to hit the “reply all” when responding to an email, He asked the other Board members to send their attendance email only to the Board Secretary and ignore the “reply all” button. Mr, Bullock stated that he remains in agreement with the policy of this Board regarding no photos or videos are to be taken during a Zoning Board meeting unless permission is given prior to the meeting. Chairman Neuer suggested a resolution amending the Rules of Procedure for the Zoning Board of Adjustment to prohibit still photography during the meetings. He said that if someone wants to video tape the meeting, they will still need permission. Chairman Neuer stated that taking photos, in his opinion, is disruptive and the Rules of Procedure do not specifically prohibit it. Mr. Steinhart stated that he does not know if taking photos has any impact on the meetings as long as the photographer goes through the proper procedures. Mr. Buechler stated that he has no problem with videotaping but he supports the existing policy for photographing. Ms. Zaolino asked why still photography is permitted at Planning Board meetings. Chairman Neuer stated that he cannot answer for the Planning Board because they have their own procedures. [2]

Mr. Steinhart said that he can understand the clicking sound of a camera and someone going up to an exhibit to take a photo being disruptive but digital cameras are quiet and they can also take videos. He suggested structuring the Rules for photography instead of banning it outright. Chairman Neuer withdrew his proposed resolution and stated that he would appoint an Ad Hoc Committee for the purpose of revising the Rules of Procedure of the Zoning Board of Adjustment regarding Photography and Videotaping of Zoning Board meetings. He stated that Mr. Steinhart will serve as Chairman of the committee and Mr. Sussman and Ms. Zaolino will also be on the committee. Chairman Neuer said that they will prepare recommendations in the form of a report to be submitted to the Board ten days before the September 20" meeting. He said that the Board will wait for the draft and discuss it at that time. Chairman Neuer stated that, until that time, he will enforce the current policy as Chairman of this Board. RESOLUTIONS 1. ZB-12-11/Boyle Approved 7/19/12 Block: 158,12; Lot: 184; Zone: R-4 101 Fairview Avenue “C” variance for side yard setback for one story addition Chairman Neuer stated that he had submitted some changes to this resolution and that Ms. Beirne agreed to the changes. He asked for a motion to adopt with said changes. Mr. Sussman made a motion to adopt the resolution as revised; Mr. Steinhart seconded the motion. Vote was as follows: Buechler: Yes Steinhart: Yes Bullock: - Sussman: Yes Gabry: Yes Weiss: - Quentzel: Yes Zaolino: - Steinhart: Yes Chairman Neuer Yes 2. ZB-12-12/350 Pleasant Valley Way Realty, LLC Approved 7/19/12 (Wilshire Grand Hotel) Block: 15.22; Lot: 1428; Zone: R-5 350 Pleasant Valley Way “D” variance for use & “C” variance for parking spaces for enclosing an existing patio with a canopy & interior renovations to the first and lower level. [3]

Chairman Neuer asked if any of the Board members had any comments or changes to this resolution. Seeing none, he asked for a motion to adopt. Mr. Steinhart made a motion to adopt; Mr. Sussman seconded the motion. The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: - Sussman: Yes Gabry: Yes Weiss: - Quentzel: Yes Zaolino: - Steinhart: Yes Chairman Neuer Yes APPLICATION 4. ZB-12-08/617 Mt. Pleasant Avenue Assoc., LLC Carried from 6/14/12 Block: 170; Lot: 15.05; Zone: R-2 612 Mt. Pleasant Avenue Preliminary and Final Site Plan Approval with "D" variances for height and “C” variances to establish a veterinary hospital EXHIBITS A-1 - Elevations sheet E1.01 dated 6/28/12 A-2 — Elevations sheet E1.00 dated 6/28/12 ZB-1 — Resolution dated 8/18/11 for ZB-10-18 A-3 — Site Plan—9 pages dated 7/3/12 Howard Davis, Esq., attorney for the applicant, approached the podium. Chairman Neuer explained that this application has been bifurcated and detailed the bifurcated application process. He stated that on July 14, 2011 the applicant appeared before this Board which approved the Use variance. Chairman Neuer stated that the applicant is appearing before the Board tonight for the rest of the application regarding site plan issues, bulk variances and the location of the new building. Mr. Davis asked the Chairman if the witnesses, who had testified at that meeting, had to testify all over again. Mr. Buechler asked Mr. Davis if there were any changes to anything set in the resolution i.e, number of people who will be working there, deliveries etc. Mr. Davis stated that all of the changes are in regards to the size and height of the building and said that the professionals are here to testify to that. Chairman Neuer questioned why a new application number was assigned because it is the same application which is proceeding in a bifurcated format pursuant to which the original application and testimony are being continued. Mr. Davis stated that the applicant was advised by the Township’s Planning Department to submit a separate application and he also assumed that it was the same application. [4]

Chairman Neuer stated that this application is amended because it is a continuation of application ZB-10-18, not a new application, and part of the ZB-10-18 resolution. He then asked to have resolution ZB-10-18 marked as Exhibit ZB-1. Mr. Buechler stated that there was no transcript of that meeting and some Board members did not hear the first part of the application. Chairman Neuer stated that there are only six Board members eligible to vote and asked Mr. Davis if that was acceptable. Mr. Davis stated that he does not have a problem with only six voting members. Mr. Buechler stated that one issue was that the applicant was to have investigated the ability to buy the adjoining property and asked Mr. Davis to update the Board. Mr. Davis stated that Degnan Realty contacted the owners of that property and the seller wanted $150,000 for the property. He stated that the realtor was present at the meeting tonight and is prepared to testify to this. Mr. Davis explained that his client cannot afford to spend another $150,000 to build this facility. Chairman Neuer stated that the applicant did make an effort to buy the property. Chairman Neuer asked Mr. Davis if Dr. Cappiello will be closing her other facility on Prospect Avenue once she opens this one. Mr. Davis replied yes. Mr. Davis called his first witness. ‘Warren Chase Freedenfeld approached the podium and was sworn under oath. Mr. Freedenfeld detailed his educational and professional background as a licensed architect in the State of New Jersey. Chairman Neuer accepted his credentials as an expert witness in the field of architecture. Mr. Freedenfeld presented drawings of the north, south, east and west elevations of the exterior of the building. Chairman Neuer stated that the elevation plans were pre-marked as Exhibits A-1 and A-2. Mr, Freedenfeld stated that these plans are different from the plans presented at the last meeting and they show the changes that were made. Mr. Davis asked Mr. Freedenfeld to explain the differences. Mr. Freedenfeld stated that the building was pushed back and they brought the elevation of the building down. He said that by lowering the building, they no longer require a height variance. Mr. Buechler asked Mr. Freedenfeld which elevation is the front of the building. Mr. Freedenfeld stated that the north elevation is still the front. Mr. Davis asked Mr. Freedenfeld if

ight variance. Mr. Buechler asked Mr. Freedenfeld which elevation is the front of the building. Mr. Freedenfeld stated that the north elevation is still the front. Mr. Davis asked Mr. Freedenfeld if there were any other changes. Mr. Freedenfeld said that the driveway entrance was moved from the left side of the site to the right side and the driveway remains the same size. He also said that visitors would just have to drive further on to the site to a lower parking area. Mr. Buechler stated that the Board had a concern about delivery trucks being able to turn around in the driveway when they come in. He asked Mr. Freedenfeld if they will still be able to turn [5]

around in the driveway. Mr. Freedenfeld said yes; he stated that the driveway is just longer now but it is the same width. Mr. Davis said that no large trucks will be coming in the driveway, only small box trucks. He stated that a typical UPS truck will not have a problem turning around in the driveway and that the applicant will direct the hours of deliveries. Mr. Freedenfeld confirmed that statement. Mr. Buechler asked if there are any changes to the interior design of the building. Mr. Freedenfeld said there will not be any other changes; the building will just be slightly smaller. Chairman Neuer asked what the hours of operations would be. Dr. Cappiello approached the podium and stated that her hours will be from 8:30 am to 7:30 pm. Chairman Neuer stated that they are to schedule garbage pickup between the hours of 8pm — 7am. Mr. Freedenfeld continued and began detailing drawing number five of the site plans. He stated that the original plans showed the driveway on the left side and they are moving it to the right side. Mr. Freedenfeld said that they are also moving the building back further. Mr. Freedenfeld stated that, where the dumpster is located now, as you enter the site you are looking directly at it. He said that he wants to change the location of the dumpster, moving it to the other side. Mr. Freedenfeld also said that he would like to “flip the building” so that the entrance to the building is on the other side and the floor plan “flips” with the moving of it. Chairman Neuer stated that if they do that, then they will have to come back with new plans. Dr. Cappiello stated that she does not want to come back so they will leave the plans as is. Mr. Buechler suggested that they install a decorative gate on the enclosed dumpster, Mr. Keller stated that the footprint looks somewhat different and asked Mr. Freedenfeld if it was changed. Mr, Freedenfeld stated that the footprint is the same; they just reduced the lower level. He said that the lower level shows an unfinished basement on the plans that the Board has and now the basement is gone. Mr. Keller stated that the only recent plans he received were the elevations and not the floor plans. Chairman Neuer stated that it is his understanding that floor plans are not part of site plans. He said that site plans do not show the interior of the building and that is not what the Board approves or

irman Neuer stated that it is his understanding that floor plans are not part of site plans. He said that site plans do not show the interior of the building and that is not what the Board approves or disapproves. Mr. Keller stated that the plans show an unfinished basement. Mr. Freedenfeld stated that if there is a problem with this, then they will keep the plans as is. Chairman Neuer stated that they do not need a new plan for that change and the basement will be conditioned to say unfinished. Mr. Buechler said that his notes from the last meeting show that animals will be in the lower level. Mr, Freedenfeld stated that this is a two story building; half will be finished and half will be unfinished in the lower level. He said that the animals will be in cages in the finished part. Chairman Neuer asked Mr. Freedenfeld what will be going on in the unfinished area. Mr. Freedenfeld said that nothing will be going on in that area; they are just going to make it a crawl space. Mr. Buechler stated that there will be no utilization outside for the animals to run around. [6]

Mr. Keller said that the height variance is eliminated but Mr. Stewart’s plan still lists it as a variance with no dimensions on it. Mr. Davis stated that Mr. Freedenfeld will testify that the maximum height will be 34’6” and that is the largest dimension from the highest to the lowest part. Mr. Keller corrected Mr. Davis stating that the ordinance states from the lowest to the highest. Chairman Neuer asked if there were any members of the public who had any questions for Mr. Freedenfeld. Seeing none, the Chairman asked Mr. Davis to call his next witness. Charles J. Stewart approached the podium and was sworn under oath. Mr. Stewart stated that he is here to testify as both an Engineer and a Planner. Chairman Neuer stated that Mr. Stewart has testified many times before this Board as an Engineer and asked Mr. Stewart if he is licensed in the State of New Jersey as a Planner. Mr, Stewart said yes that he has been licensed as a Professional Planner for 15 years. Chairman Neuer stated that he accepts Mr. Stewart as an expert in Professional Planning and Engincering. Mr. Stewart presented site plans consisting of 9 pages. Chairman Neuer stated that the site plans were pre-marked as Exhibit A-3. Mr. Stewart began detailing the plans noting where the site is located and what zone the property is in. He said that the property slopes down from Mt. Pleasant Avenue and he detailed the slopes, the surrounding area, the existing conditions and what surrounds the property. Mr. Stewart stated that the applicant submitted an entire set of revised plans, showing what they are proposing for the site, and then began detailing them. He noted where the retaining walls are on the property and stated that storm water retention is not required for this project. Mr, Stewart detailed the lighting and landscaping plan. Ms. Zaolino asked Mr. Stewart what hours the exterior lights will be on. Mr. Stewart said they will be on during the hours of operation. Chairman Neuer asked Mr. Stewart to detail the lighting. Mr. Stewart stated that the outside fixtures will face downward and there will be three 16° light poles in the parking lot. Chairman Neuer asked Mr. Stewart if there will be any spillage onto any of the adjoining properties. Mr. Stewart said that the lights will only spill on to the open space property. Ms. Gabry asked Mr. Stewart if the front area will be paved; he

l be any spillage onto any of the adjoining properties. Mr. Stewart said that the lights will only spill on to the open space property. Ms. Gabry asked Mr. Stewart if the front area will be paved; he replied yes. Ms. Gabry asked Mr. Stewart if the parking lot slopes when you enter the property; he replied no. Ms. Gabry asked Mr. Stewart if there is any site line impairment when you exit the property; he replied no. Ms. Gabry asked Mr. Stewart what materials the retaining walls were going to be made of. Mr. Stewart said they will be reinforced concrete with a stone base. 17]