October 10, 2012

TOWNSHIP OF WEST ORANGE PLANNING BOARD MINUTES October 10, 2012 The Township of West Orange Planning Board held a regular meeting on October 10, 2012 at 8:00 P.M., in Council Chambers, 66 Main Street. Chairman Bagoff called the meeting to order at approximately 8:35 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 January 4, 2012 in accordance with the requirements of the “Open Public Meetings Act”. Chairman Bagoff requested all persons in attendance stand for the Pledge of Allegiance. PRESENT: Chairman Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Lee Klein, Councilwoman Susan McCartney, Ron Weston ABSENT: Vice Chairman Ben Heller, Jason Lester, William Wilkes Ii ALSO PRESENT: Paul Grygiel, AICP, PP, Acting Township Planner Eric Keller, P.E., P.P., Omland Engineering Associates, Inc, Patrick Dwyer, Esq., Board Attorney Robin Miller, Board Secretary Debbie Dillon Audio Transcription Service, LLC ROLL CALL Chairman Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Vice Chairman Ben Heller, Lee Klein, Jason Lester, Councilwoman Susan McCartney, Ron Weston, William Wilkes. ADOPT MINUTES DISCUSSION ‘There was discussion regarding whether individual name rather than “the Board” should identify Board members. Mr. Dwyer advised the Board that there was no legal requirement for minutes to reflect individual members be identified when posing questions. Chairman Bagoff requested Mr. Eben and Mr. Gurland create a subcommittee to review the rules governing minutes. The Board voted on adopting the minutes of the September 5, 2012 meeting as follows: Motion: Chairman Bagoff Second: Ms. Carlucci Carlucci Y Eben N Ghebremicael - Gurland N Heller - Klein Y Lester : McCartney y Weston Y Wilkes - Bagoff Y NALPLANNING.BRD|WAMINUTES2012\10-10-2072 Minetes.doe

The Board voted on adopting the minutes of the September 6, 2012 special meeting as follows: Motion: Chairman Bagoff Second: Councilwoman McCariney Carlucci Y Eben N Ghebremicael - Gurland - Heller - Klein Y Lester - McCartney Y Weston Y Wilkes - Bagoff Y ANNOUNCEMENTS A special Planning Board meeting will be held on October 24, 2012 in Council Chambers, at 7:30 P.M. The next regular Planning Board meeting will be held on November 7, 2012 in Council Chambers, at 8:00 P.M. SWEARING IN Paul Grygiel, AICP, PP, Phillips Preiss Grygiel LLC, was introduced as Acting Township Planner. Eric L. Keller, PE, PP, Omland Engineering, was introduced as a professional planner and professional engineer hired by the Township. RESOLUTION(S) PB-12-09/Prism Green Urban Renewal Associates IV, LLC Block: 66; Lots: 1, 5 & 7; Zone: E-MU 175-177 Main Street Amended Preliminary and Final Major Site Plan, DISCUSSION The Board and Mr. Dwyer discussed minor changes to the phraseology of the Resolution. Chairman Bagoff addressed the members of the public regarding the process of memorializing a Planning Boatd resolution. Chairman Bagoff called for a vote on the Resolution. The Board voted on the Resolution as follows: Motion: Mr. Weston Second: Mr. Eben Carlucei Y Eben Y Ghebremicael - Gurland Y Heller - Klein Y Lester - McCartney Y Weston Y Wilkes - Bagoff Y NAPLANNING. BRIWMINUTES\2012110-10-2012 Minutes.toe

PB-12-11/Communication Infrastructure Corp. Block: 84.01; Lot: 22; Zone: B-2 10 Marcella Avenue Amended Site Plan and Conditional Use Application for communications antenna. DISCUSSION Chairman Bagoff gave a brief recapitulation of the Application approved at the September 6, 2012 special meeting. Chairman Bagoff called for a vote on the Resolution. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Ms. Carlucci Carlucci Y Eben Y Ghebremicael - Gurland - Heller - Klein Y Lester - McCartney Y ‘Weston Y Wilkes - Bagoff Y PB-12-16/iSignal LLC Block: 84.01; Lot: 22; Zone: B-2 10 Marcella Avenue Amended Site Plan and Conditional Use Application for communications antenna. DISCUSSION Chairman Bagoff gave a brief recapitulation of the Application approved at the September 6, 2012 special meeting, Chairman Bagoff called for a vote on the Resolution. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Mr. Weston Carlucci Yy Eben Y Ghebremicael - Gurland “ Heller - Klein Y Lester - McCartney Y Weston v Wilkes - Bagoff Y PB-12-18/Daughters of Israe] Geriatric Services, Inc. Block: 165; Lot: 16; Zone: R-2 748-750 Northfield Avenue Amended Site Plan DISCUSSION Chairman Bagoff gave a brief recapitulation of the Application approved at the September 6, 2012 special meeting. Chairman Bagoff called for a vote on the Resolution. NAPLANNING. BRDWP MINUTES 2012\10-10-2012 Mfinntes.doc

The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second; Councilwoman McCartney Carlucci Y Eben Y Ghebremicael Y Gurland - Heller - Klein Y Lester - McCartney Y Weston Y Wilkes - Bagoff Y PB-12-23T/375 Mt. Pleasant Avenue, LLC Block: 155; Lots: 26; Zone: O-RA 375 Mt. Pleasant Avenue Technical Site Plan for interior renovations to existing office space for outpatient renal dialysis center. DISCUSSION Chairman Bagoff gave a brief recapitulation of the Application approved by the Planning Board Technical Review Subcommittee at the September 13, 2012 meeting. Mr. Keller asked that a minor clarification to condition “b” read, “Replace sidewalk to existing joint so that the new sidewalk elements run from joint to joint.” Chairman Bagoff called for a vote on the Resolution. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Ms. Carlucci Carlucei Y Eben Y Ghebremicael Y Gurland Y Heller - Klein Y Lester - McCartney Y Weston Y Wilkes - Bagoff Y¥ PB-12-25T/Fred Thompson d/b/a 2™ Round Thrift Shop Block: 120.01; Lot: 24; Zone: B-1 1 Washington Street Technical Site Plan to lease space for a retail thrift store. DISCUSSION Chairman Bagoff gave a brief recapitulation of the Application approved by the Planning Board Technical Review Subcommittee at the September 13, 2012 meeting. The Board discussed the Applicant’s signage. Chairman Bagoff requested the Zoning Official be notified to review final signage to ensure it was not in violation of ordinance. Chairman Bagoff called for a vote on the Resolution. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Councilwoman McCartney Carlucei Y Eben N Ghebremicael Y Gurland Y Heller - Klein Y Lester - McCartney Y Weston. Y Wilkes - Bagoff Y Chairman Bagoff announced a brief recess at approximately 9:15 P.M.; he re-convened the meeting at approximately 9:25 P.M. NAPLANNING. BRDU PMINUTES\2012110-10.2012 Airttes.doe 4

APPLICATION(S) PB-12-19/Moskovitz Family LP t/a Pleasantdale Plaza Block: 152.22; Lot(s): 1420, 1420.03; Zone: B-1 Preliminary and final amended site plan with “C” variances for improvements to an existing building with on-site parking. EXHIBITS A-1— Sheets SD-1 through Pages SD-7 ~Proposed alterations to existing retail building as part of the Applicant’s submission package; A-2 — Colorized version of the Landscape and Lighting Plan (Sheet SD-5); A-3 — Colorized version of twelve (12) existing conditions photograph (Sheet PH-1); A-4 — Colorized version of proposed elevations (Sheet PB-4); A-5 — Existing Floor Plan (Sheet PB-1); A-6 — Existing Elevations (Sheet PB-2); A-7 — Proposed Floor Plan (Sheet PB-3). DISCUSSION Mr. Robert C. Williams, Esq., attorney for the Applicant appeared before the Board. Mr. Williams introduced the Application; the Applicant was seeking preliminary and final amended site plan approval with variances for parking, impervious coverage, and exceptions to height limitations for decorative towers. The site was in the B-1 Zone, The Applicant proposed to re-align interior tenant space with improvements to the building and parking area. Mr. Williams introduced Richard J. Adelsohn, P.E., Frank H. Lehr Associates. Mr. Adelsohn stated his credentials; and was accepted by the Board to be an expert in the field of engineering. Mr. Adelsohn testified regarding the proposed changes to the existing building located at 641-649 Eagle Rock Avenue. Mr, Adelsohn identified the building; he said the location included the Walter Bauman store, which was approximately 8,000 square feet. Mr. Adelsohn said that the Applicant also owned the building at 440 Pleasant Valley Way, the site of a Dunkin Donuts store, which shared parking with 641-649 Eagle Rock Avenue. Mr. Adelsohn said the renovations to the site included re- grading the parking lot to make it more handicapped accessible; adding new green space, and. upgrading the lighting in the parking area by adding three (3) new poles and lighting on the rear exterior of the building. Mr, Adelsohn said the site plans indicated there were currently128 parking spaces; however, the correct number of existing spaces was 125 parking spaces. Referring to Exhibit A-2, Mr. Adelsohn described the improvements to the parking area; he stated there would be increased safety for pedesirians and a new

er of existing spaces was 125 parking spaces. Referring to Exhibit A-2, Mr. Adelsohn described the improvements to the parking area; he stated there would be increased safety for pedesirians and a new handicapped parking area; and although there would be a slight decrease in parking spaces, there would be a gain in green space. Mr. Adelsohn detailed the corner improvements to the rear of the building and detailed the proposed security lighting on the rear of the building. The Board and Mr. Adelsohn discussed the lighting and landscaping plan. The Board voiced concern that some of the proposed plantings might affect vehicular and pedestrian vision. Mr. Keller agreed that some plantings might not be appropriate; Mr. Adelsohn said he would take the Board’s concerns in to advisement when submitting the final plans. There was further discussion regarding signage, traffic flow and revisions to the parking lot. The Board asked if there was currently mechanical equipment on the roof and if additional equipment would be installed. Mr. Adelsohn said there was currently equipment on the roof, he was not sure what would be replaced, but that all units would be set back. NAPLANNING.BRDWPMINUTES\2012\10-10-2012 Minutesdoe 5

The Public Advocate was not present to question the testimony of Mr. Adelsohn. The Public had no questions for Mr. Adelsohn. Stephen W. Schwartz, AIA, was sworn in and accepted by the Board to be an expert in architecture. Mr. Schwartz testified the building at 641-649 had classic strip-mall architecture; the front was finished with a brick fagade but the back of the building was unfinished. Referring to Exhibit A-5, (Existing Floor Plan), he described the building as the well-known site of Walter Bauman Jeweler, and at its western point the location of a former yoga studio. Mr. Schwartz advised the Board that the building sat on a slope, the highest area being closer to Pleasant Valley Way. Mr. Schwartz described Exhibit A-7, (Proposed Floor Plan), which indicated the Walter Bauman store would move to the western point and a new Regal Bank would be located at the former location of Sweet Basil Restaurant; thus creating anchor businesses. The remaining current tenants included a Barber Shop and Yoshi-Sono Restaurant; the other vacant spaces would be finished for potential tenants. The proposed plan included upgrades for handicapped accessibility. Referring to Exhibit A-4, (Colorized Proposed Elevations), Mr. Schwartz detailed the proposed changes to the exterior facade including ornamental towers that would have a translucent feature and interior illumination; the western tower would have a clock-face; the towers would have a stone fagade feature. All windows facing Eagle Rock Avenue would have new aluminum framing and energy efficient glass. A new brick fagade would cover the front and back of the building to create a uniform look. A new double-door with glass windows would be added to the rear elevation creating a real sense of entry. Adjacent to the rear of the building would be a new sidewalk, and there would be new awnings installed to the rear store entrances, The Board and Mr. Schwartz discussed the exterior basement stairs to the far west of the building, Mr. Schwartz said the exterior stairway would be upgraded; the existing enclosure would be removed. and a new railing would be installed. The Board inquired as to whether the roof color could be a light color to reduce the heat island effect; Mr. Schwartz said he would consider a lighter color for the roof. There was discussion regarding signage details; Mr. Schwartz said the signage would

be a light color to reduce the heat island effect; Mr. Schwartz said he would consider a lighter color for the roof. There was discussion regarding signage details; Mr. Schwartz said the signage would be approximately five (5) ft. in height, eight (8) ft. in width and would be probably be LED illuminated. The Public Advocate was not present to question the testimony of Mr. Schwartz. The Public had no questions for Mr. Schwartz. Peter G. Steck, P.P., was sworn in and accepted by the Board to be an expert witness in planning. Mr. Steck advised the Board he had prepared a memorandum dated September 29, 2012; he gave the Board a recapitulation of the memo. Mr. Steck described the existing conditions; the property consisted of two lots that operated as one development. Mr. Steck told the Board the Applicant was proposing to redesign the parking area by shifting a row of parking to accommodate a new sidewalk adjacent to the rear of the building and adding new green-space. The redesign of the parking lot would be more inviting to pedestrians. The proposed architectural improvements to the storefronts and accent towers would create a good-looking, operating building. Mr. Steck said the towers would not add to the square footage of the structure, they were ornamental only. The proposed tower on the westerly side would have a clock-face; the proposed parapet would be approximately 15 feet, resulting in a building height of thirty-three (33) feet; the easterly tower will rise approximately thirteen (13) feet, resulting in building height of approximately 25 feet at that location. Mr. Steck said the proposed towers would not increase the total building height to over thirty-five feet; additionally the towers were purely ornamental; a height variance was not necessary. Mr. Steck spoke about the requested variance for impervious coverage (“C1”); he said although the impervious coverage was being reduced, it was not being reduced enough to comply with the maximum requirement of 75%, With regard to the parking variance, Mr, Steck said the reduction of one space was minor; he reiterated there would be an increase in green-space. NAPLANNING.BRDWWPMINUTES2012\10-10-2012 Minntes.doc 6

The Board and Mr. Steck discussed the requested variances. The Public Advocate was not present to question the testimony of Mr. Steck. The Public had no questions for Mr. Steck. The Board deliberated on the Application. Conditions: 1. NAPLANNING. BRDMYPUMINUTES\2012126-10-2012 Mintes.doe The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days

technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly s set forth in this Resolution. Applicant shall use a light-colored roofing material, which shall be subject to the review and approval of the Board Engineer. Applicant to install a “Do Not Enter” sign facing east at the eastern end of the parking aisle closest to the building so that traffic in the two way driveway to Eagle Rock Avenue is aware of this limitation.