January 10, 2013

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING January 10, 2013 The West Orange Zoning Board of Adjustment held a special meeting on January 10, 2013 commencing 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 ihe Township Clerk, the West Orange Chronicle, and posted on the Township Bulletin Board on December 28, 2012 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: ABSENT: ALSO PRESENT: ANNOUNCEMENTS Future Meetings: MINUTES Adopt Minutes: B. Buechler, G. Bullock, D, Gabry, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman A. Weiss (excused absence) L, Zaolino (excused absence) P. Grygiel, Consulting Planner/Acting Planning Director E. Keller, Consulting Engineer Board Attorney, Alice Beirne, Esq. Board Secretary, Rose DeSena Harvey Grossman, Public Advocate January 17,2013 (Regular Meeting) — 8:00 PM February 7, 2013 (Special Meeting) — 8:00 PM February 21, 2013 (Regular Meeting) - 8:00 PM March 21, 2013 (Regular Meeting) - 8:00 PM April 18, 2013 (Regular Meeting) - 8:00 PM December 20, 2012 (Regular Meeting) Mr. Buechler made a motion to approve the minutes; Vice Chairwoman Gabry seconded the motion. Ail were in favor to approve the minutes of the December 20, 2012 meeting.

SWEARING IN Consulting Engineer, Eric Keller and Consulting Planner for the Township, Paul Grygicl were sworn under oath. APPLICATION 1. ZB-11-14/Longo Carried from 12/20/12 Block: 88; Lot: 21; Zone: OB-2 Seeking “D” and “C” variances for converting a two family house into a three family house. DISCUSSION Carmine Campanile, Esq., attorney for the applicant, approached the podium. He stated that his client came before this Board on 11/15/12 requesting approval to re-convert his property, located at 15 Mt. Pleasant Avenue, into a three family house. Mr. Campanile summarized what happened at that meeting. Mr. Campanile cited reasons that he felt met the positive and negative criteria. He also cited New Jersey legislation stating that there is a shortage of affordable dwellings in the State of New Jersey. Mr. Campanile said that after Hurricane Sandy the need for more affordable dwellings is even greater. He said that, by approving this application, his client will be providing an additional affordable unit. Mr. Campanile stated that this was previously a three family house and was converted into a two family house. He said that his client purchased it as a two family house. Mr. Campanile stated that the Zoning Board does not enforce the law; this Board just enforces the Zoning ordinance. He said that the house will be brought up to code and become much safer for the residents. Mr. Campanile stated that the location is ideal for this type of housing because it is near the Downtown. He also said that it will have a minimal impact on the community. Chairman Neuer asked if any member of the Board had any questions for Mr. Campanile. Mr. Buechler stated that Mr. Longo the applicant, Mr. Salerno the Architect and Mr. Marucci the Engineer testified at the last meeting and asked Mr. Campanile if that was correct; Mr. Campanile said that was correct. Chairman Neuer asked if any members of the public were present for this application; seeing none the Chairman closed that portion of the hearing. Chairman Neuer opened the meeting for discussion by the Board members. Mr. Buechler stated that he is recommending that the Board deny this application. He said that he does not believe that the applicant met the criteria for the “D” variance and that most of the

houses in the area are two family homes and not three family homes. Mr. Buechler stated that a parking variance is needed and the stacked parking that they are proposing is not recognized by our ordinance and is difficult to enforce. Ms. Gabry stated that she agrees with Mr. Buechler. She said that this is not a positive benefit for the general welfare of the public. Mr. Bullock stated that he also agrees with Mr. Buechler and that he is not in favor. Chairman Neuer stated that he has respect for Mr. Campanile as a crédible and experienced practitioner.. He stated that the house was a two family when the applicant purchased it and that he never should have spent $200,000 without taking some steps to verify that he could use it as a three family house. Chairman Neuer stated that, in terms of the Use variance, there is a high burden of proof on the applicant. He said that having tenants on all three floors is an illegal use and that while it is not the place of this Board to punish (that is up to the Municipal Court) this Board is required to render its decisions based on the applicant making his case. He said that Mr. Marucci did not prove anything and he personally had some issues of the credibility of Mr. Longo. Chairman Neuer said that Mr. Longo admitted that he never went to the town to verify if it was a two family or a three family and that he will vote no and urge the other Board members to vote no. Chairman Neuer moved to deny this application supplemented by Mr. Buechler’s comments. Mr. Bullock seconded the motion to deny this application. The vote was as follows: Buechler: Yes to deny Steinhart: Yes to deny Bullock: Yes to deny Sussman; Yes to deny Gabry: Yes to deny Weiss: - Merklinger: Yes to deny Zaolino: - Quentzel: Abstained Chairman Neuer Yes to deny 2 ZB-12-20/First Hartford Realty Corp., Carried from 11/8/12 Designated Agent for CVS Block: 153.16; Lot: 1-6 & 24-27 265 Prospect Avenue “D” Use variance & “C” variances for building a CVS Pharmacy EXHIBITS A-2a - Layout and Materials plan - sheet 3CR dated 12/20/12 (remarked A-16) A-17- Grading & Drainage Plan ~ shect C-4 dated 12/20/12 A-18 — Utility Plan — sheet C-5 dated 12/20/12 A-19 — WB-62 Delivery Vehicle Maneuvering Plan — sheet VM-1 dated 12/20/12 A-20 — Compactor Roll-Off Maneuvering Plan — shect VM-2 dated 12/20/12

A-21 — Ladder Truck Emergency Maneuvering Plan — sheet VM-3 dated 12/20/12 A-22 — Lighting Plan — sheet LT-1 — sheet 12/20/12 A-9R — Landscape Plan — sheet R-O1 dated 1/10/13 (remarked A-23) A-24 — Pylon sign calculations — dated 1/10/13 A-25 — Signage Color Exhibit — page 2/Fagade signs dated 12/18/12 A-26 — Signage Color Exhibit - Page 3 (Pylon, Directional & Temporary Sign) dated 12/18/12 A-27 — Exterior Elevation — sheet A-4.1¢ dated 12/19/12 revised to 1/9/13 A-28 - Drawing C-3 DISCUSSION Robert Williams, Esq., attorney for the applicant approached the podium and entered his appearance as attorney for the applicant. He summarized what happened at the last mecting on 11/8/12, listed all of his witnesses and summarized their prior testimony. Mr. Williams stated that, since the last meeting, they met with the Essex County Planning Officials, had additional meetings with Eric Keller and submitted revised plans to the Township Planning Department, He said that at this meeting, they will address the concerns of the Essex County Planning Board and Mr. Keller. Chairman Neuer stated that he had a problem with the dates on the Engineers plans. There was some discussion regarding the conflicting revision dates on the plans; the applicant’s Engineer, Ms. Burke, apologized and stated that she did not see the December dates on the cover page of the plans. Mr. Williams called his first witness. Sharon Burke approached the podium. Chairman Neuer stated that Ms. Burke was sworn under oath at the meeting on 11/8/12 and will continue her testimony as a recognized expert in Engineering. Mr. Williams asked Ms. Burke to explain the changes that were made after the last meeting with the Essex County Planner and Mr. Keller and what additional modifications the applicant is willing to undertake. Ms. Burke referred to sheet C-3R of the Layout and Materials Plan and said that in the new set of plans the building will be shifted closer to Prospect Avenue. She noted that at the last meeting this was sheet C-3 of the Layout and Materials Plan and was marked as Exhibit A-2. Ms. Burke said that it is the same drawing with a revision date of 12/20/12. Chairman Neuer asked to have the revision plan marked as Exhibit A-2A and said that it will replace Exhibit A-2. Ms. Burke stated that they will be eliminating the center bay and will slide the entire building towards

ed to have the revision plan marked as Exhibit A-2A and said that it will replace Exhibit A-2. Ms. Burke stated that they will be eliminating the center bay and will slide the entire building towards Prospect Avenue, Chairman Neuer asked Ms. Burke how many feet closer to Prospect Avenue will the building be moved. Ms. Burke said 27.1 feet closer. Ms. Burke stated that by sliding the building closer to Prospect Avenue this doubled the setback from Woodhull Avenue. She said they also added six (6) employee and six (6) regular parking spaces on the Woodhull Avenue side which now gives a total of 80 parking spaces.

Ms. Burke stated that they have eliminated the driveway on Prospect Avenue that was closest to Eagle Rock Avenue. She said that the impervious coverage was reduced from 66% to 64%. Ms. Burke stated that the driveway on Woodhull Avenue will now be a full access driveway. She said that previously there was no left turn in and now it will allow a left turn in. Ms. Burke said that the single driveway on Prospect Avenue is a full access driveway. She said that the County Planner is not in favor of allowing a left turn out and they will comply with what the County wants. Chairman Neuer reminded Mr. Williams that any approval that this Board approves is subject to County approval. Ms. Burke stated that the retaining wall on Woodhull Avenue was pulled back and will now be 7 from the right-of-way line so that there is room for landscaping. Mr. Buechler asked Ms. Burke if the wall will be the same height; Ms. Burke replied no and said that she will testify as to that a bit later. Ms. Burke stated that they also eliminated the wall on Prospect Avenue. Chairman Neuer advised Mr. Williams that the applicant will have to let the Board know if they are still secking a left turn out of the driveway on Prospect Avenue. Ms. Burke said that the wall on Woodhull Avenue was reduced from 12’ to 6.5’ and that there will be a 4’ fence on the top of that wall. Mr. Keller stated that he recommended that they pull the retaining wall away from an existing tree in order to save the tree. Ms. Burke said, in doing that, they would lose two parking spaces. Chairman Neuer asked Ms. Burke to note on the plans where the tree was that they are talking about. Chairman Neuer stated that at some point the Board needs to see the final plans. He said that he thought that after meeting with Mr. Keller that they would be submitting the final plans. Ms. Burke presented sheet C-4 of the Grading and Drainage Plan dated 12/20/12. Chairman Neuer stated that sheet C-4 of the Grading and Drainage Plan dated 12/20/12 was pre-marked as Exhibit A-17 for identification. Ms. Burke stated that they reduced the parking slope from 7% to 5.7%, She said that she is working with Mr. Keller to revise the storm water system. Chairman Neuer asked Mr. Keller if he wanted the storm water system to go down Woodhull Avenue; Mr. Keller said yes. Mr. Keller said that it would be fully piped to existing inlets that

water system. Chairman Neuer asked Mr. Keller if he wanted the storm water system to go down Woodhull Avenue; Mr. Keller said yes. Mr. Keller said that it would be fully piped to existing inlets that can accept this storm water and this would be a significant improvement. Ms, Burke stated that there is no change to the Utility Plan. Ms. Burke referred to sheet VM-1 of the Delivery Vehicle Maneuvering Plan dated 12/20/12. Chairman Neuer stated that sheet VM-1 of the Delivery Vehicle Maneuvering Plan dated 12/20/12 was pre-marked as Exhibit A-19 for identification. Ms. Burke noted how vehicles

would enter and exit now. She said that there were originally some concerns about a tractor trailer backing in. She said that they opened the aisle two feet to address this concern. Mr. Buechler asked Ms. Burke if there would be one delivery per day; Ms. Burke said there would be one delivery per week. Mr. Buechler asked Ms. Burke what time of day the deliveries would be made; Ms. Burke said that deliveries would be made during off peak hours and that the applicant can answer that question. Chairman Neuer said that, with this change, he does not see any conflict with the tractor trailer entering and hitting any vehicles like the first plan they presented. Mr. Buechler asked Ms. Burke if the tractor trailers could enter from the Woodhull Avenue driveway; Ms. Burke replied no. Mr. Buechler asked Ms. Burke if the Fire Department’s ladder truck is smaller than a tractor trailer; Ms. Burke replied yes. Ms. Burke said that Captain Dsurney of the West Orange Fire Department said that they would never bring a ladder truck around the building. Ms. Burke detailed where the tucks would come in and how they would maneuver. Chairman Neuer stated that he would like them to do a study of the traffic at the Exxon gas station on Prospect Avenue for a couple of days. He said that there needs to be some kind of effective control of traffic there. Mr. Keller stated that signage and pavement markers are ineffective to the driver that wants to make an illegal move. He said that, even with an island there, a driver can still make an illegal turn if they wanted to so so. Ms. Burke continued and stated that the line of cars, on the original plan, was removed where the tractor trailer will be backing in. Ms. Burke presented sheet VM-2 of the Compactor Roll-Off Maneuvering Plan dated 12/20/12. Chairman Neuer stated that sheet VM-2 of the Compactor Roll-Off Maneuvering Plan dated 12/20/12 was pre-marked as Exhibit A-20 for identification. Ms. Burke detailed the entrance and exit diagram where the service truck will enter to the compactor, load the compactor and take it away. Chairman Neuer asked Ms. Burke if the County will not allow a left hand turn out of that driveway on Prospect Avenue, will this still be doable. Ms. Burke said that the truck will be making a right hand turn out of the driveway towards Route 280. Mr. Buechler asked Ms. Burke if the compactor’s service

ospect Avenue, will this still be doable. Ms. Burke said that the truck will be making a right hand turn out of the driveway towards Route 280. Mr. Buechler asked Ms. Burke if the compactor’s service truck could exit from the Woodhull Avenue driveway; Ms. Burke said no because it would be too sharp of a turn from that driveway. Mr. Buechler asked Ms. Burke how many times a week the cardboard truck comes; Ms. Burke said that she is not sure. Chairman Neuer suggested making the driveway on Woodhull Avenue wider so that the truck could exit from that driveway. Mr. Steinhart said that when the shopping center for the Team Capital bank is completed there is going to be a mess on Woodhull Avenue. He said that even though the exit from that shopping center is further south on Woodhull Avenue the cars will stack at the intersection. Chairman Neuer asked Mr. Williams to look into that.

Ms. Gabry stated that the compactor truck will be going out through the wrong way in the 24 hour drive-thru lane. Mr. Keller said that the applicant may need to think out of the box and not have the truck come out the wrong way of the drive-thru. Mr. Quentzel suggested removing a couple of the parking spaces so that the truck can maneuver to go back out on Prospect Avenue. Ms. Burke presented sheet VM-3 of the Ladder Truck Emergency Maneuvering Plan dated 12/20/12. Chairman Neuer stated that sheet VM-3 of the Ladder Truck Emergency Maneuvering Plan dated 12/20/12 was pre-marked as Exhibit A-21 for identification. Ms. Burke detailed on the plans where the ladder truck will enter from Prospect Avenue and said that it can exit on Woodhull Avenue. Chairman Neuer called for a recess at 9:26 pm. Chairman Neuer resumed the meeting at 9:36 pm. Ms, Burke referred to sheet LT-1 of the Lighting Plan dated 12/20/12. Chairman Neuer stated that sheet LT-1 of the Lighting Plan dated 12/20/12 was pre-marked as Exhibit A-21 for identification. Ms. Burke noted that the light poles on Woodhull Avenue were reduced to 12’ from 25’ high. She said that the remaining light poles along Prospect Avenue are 14’ high. Mr, Williams stated that these changes resulted from the comments made at the last meeting regarding the height of the light poles. Ms. Burke stated that the cornice lighting on Woodhull Avenue was removed and they are replacing it with 12’ wall mounted lights. She said that these lights were reduced to 12’ from 18°. Ms. Burke said that there are still some “hot spots” and they are going to take another look at that. Mr. Williams said that they have reduced the poles but have not yet figured out some of the wattage and bright spots. He said that they will work on that with Mr. Keller. Chairman Neuer asked if any members of the Board had any questions for Ms. Burke. Ms. Gabry asked Ms. Burke why they put a handicap walkway on the south side of the building and she questioned its safety. Ms. Burke said that it is ADA compliant and CVS requires it to be there. She said that they have one handicap walkway at each door. There were no further questions for Ms. Burke from the Board. Chairman Neuer asked if any members of the public have any questions for Ms. Burke based on her testimony tonight. Marlon Lewis approached the podium and stated that he lived at 10 Woodhull