February 6, 2013

TOWNSHIP OF WEST ORANGE PLANNING BOARD MINUTES February 6, 2013 The Township of West Orange Planning Board held a regular meeting on February 6, 2013 at 7:30 P.M. in Council Chambers, 66 Main Street, West Orange, New Jersey. Chairman Bagoff called the meeting to order at approximately 7:30 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 December 6 2012, in accordance with the requirements of the “Open Public Meetings Act”. PRESENT: Chairman Bagoff, Joanne Carlucci, Jerome Eben, Gerald Gurland, Vice Chairman Ben Heller, Lee Klein, Councilwoman Susan McCartney (7:38 P.M.) ABSENT: Tekeste Ghebremicael, Jason Lester, Ron Weston, William Wilkes II ALSO PRESENT: Paul Grygiel, AICP, PP, Acting Township Planner; Patrick J. Dwyer, Esq., Board Attomey; Robin Miller, Board Secretary; Debbie Dillon, Audio-Digital Transcription Service PLEDGE OF ALLEGIANCE Chairman Bagoff requested all persons stand for the Pledge of Allegiance. ROLL CALL Chairman Robert Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Vice Chairman Ben Heller, Lee Klein, Jason Lester, Councilwoman Susan McCartney, Ron Weston, Williams Wilkes II. ANNOUNCEMENTS The next regular Planning Board meeting will be held on March 6, 2013 at 7:30 P.M. in Council Chambers. ADOPT MINUTES Adopt the minutes of the January 2, 2013 Planning Board meeting. The Board voted on adopting the minutes of the January 2, 2013 meeting as follows: Motion: Chairman Bagoff Second: Mr. Gurland Carlucci: - Eben: - Ghebremicae!: - Gurland: Y Heller: - Klein: Y Lester: - McCartney: - Weston: - Wilkes {I: - Bagoff: Y NAPLANNING.BRD\WPIMINUTES(201 312-6-13 Minutes.doc

SWEARING IN Paul Grygiel, AICP, PP, Phillips Preiss Grygiel LLC, Acting Township Planner. RESOLUTIONS PB-12-30/Alcatel Lucent c/o Coral Links Ltd. Block: 84.01; Lot: 22; Zone: B-1 10 Marcella Avenue Conditional Use and Amended Site Plan with “C” Variance Relief to install two (2) dish antennas on to an existing tower and ancillary equipment beneath tower. DISCUSSION Mr. Dwyer advised the Board there were minor changes to the wording in the Resolution; he listed changes. Mr. Eben stated the revised antenna height of 40 feet was within the footprint of the existing tower. Mr. Grygiel concurred. Chairman Bagoff called for a vote on the Resolution. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Mr. Gurland Carlucci: - Eben: Y Ghebremicael: - Gurland: Y Heller: - Klein: Y Lester: - McCartney: - Weston: - Wilkes II: - Bagoff: Y PB-12-32T/Saint Barnabas Medical Center Block: 155; Lot: 26; Zone: O-RA 375 Mt. Pleasant Avenue Technical Site Plan to renovate 8,263 SF of first floor of existing medical building for a Pediatric Specialty Center. DISCUSSION Chairman Bagoff advised the Board that the Technical Review Commitiee at its last meeting approved the Application. He asked the Secretary to read the conditions of the Approval. The conditions were as follows: 1, Site Plan shall show proposed interior and exterior signage details; signage to be approved by Planning Director or Zoning Official; 2. Drawing A1.1 (Partial First Floor Plan, Rotwein & Blake Associated Architects P.A.) shall be amended to identify elevator. 3. Applicant shall submit a permit package to the Building Department to secure all necessary building permits; 4. Applicant shall execute, prior to issuance of Certificate of Occupancy, an Affidavit of Compliance certifying that all conditions have been met. NAPLANNING. BRD\WPIMINUTES\2013\2-6-13 Minutes.doc 2

Mr. Eben inquired as to how it was determined that the renovation was over $100,000; he said the reason for asking was his concern that by going before the Technical Review Committee, the Applicant had to delay the process of renovation; thus delaying the opening of a business with a beneficial use to the community. Chairman Bagoff said the inquiry should be directed to Zoning Official, Geniece Gary-Adams. Chairman Bagoff called for a vote on the Resolution. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Vice Chairman Heller Carlucci: Y Eben: Y Ghebremicael: - Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: - Wilkes II: - Bagoff: Y PB-12-33T/Jewish Community Center of MetroWest, Inc. Block: 165; Lot: 15; Zone: R-2 760 Northfield Avenue Technical Site Plan for interior renovations to spinning room, multi-purpose room and hallway finishes. DISCUSSION Chairman Bagoff advised the Board that the Technical Review Commitiee at its last meeting approved the Technical Review Application. He asked the Secretary to read the conditions of the Approval. The conditions were as follows: 1. An egress plan during construction shall be submitted and approved by the Building Department; 2. All necessary structures in the renovation area shall be fire rated as there are no sprinklers in the part of the property; 3. The Applicant shall renew its municipal massage license and all practitioners of massage employed by the Applicant shall be likewise registered with the municipality in conformity with the municipal ordinance concerning massage; 4. The Committee and Applicant agreed their mutual preference for elevator service to provide access to this level for people with disabilities although such service is not required at this time by applicable law. Mr. Eben voiced concern regarding the Application being heard by the Technical Review Committee. He did not believe the renovation was for an amount over $100,000.00. He opined that other than the Applicant stating the dollar amount verbally to the Zoning Official, there was currently no other way to determine the cost of renovations. Mr. Eben suggested that the Technical Review Application might be amended to include the total amount of renovations be provided by the Applicant in writing. Chairman Bagoff called for a vote on the Resolution. ACAPLANNING, BRD\WP\MINUTES\201

Application might be amended to include the total amount of renovations be provided by the Applicant in writing. Chairman Bagoff called for a vote on the Resolution. ACAPLANNING, BRD\WP\MINUTES\201 3\2-6-13 Minutes.doc 3

The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Mr. Gurland Carlucci: Y Eben: Y Ghebremicael: : Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: - Wilkes Il: - Bagoff: Y APPLICATION PB-12-34C/County of Essex-South Mountain Recreation Complex Block(s): 162, 163 & 164; Lot(s): 1, 2 & 13; Zone: R-1 9 Cherry Lane Courtesy Review Application for re-located paddleboat attraction including new pavilion, sales shed, floating dock, pre-fabricated restroom and parking area improvements. EXHIBITS A-1 — Conceptual Layout A-2 — Preliminary Conceptual Plan A-3 - Preliminary Conceptual Elevation A-4, A-5, A-6, A-7, A-8 — Preliminary Conceptual Construction Details DISCUSSION Mark L. Fleder, Esq., Connell Foley LLP, attorney for tie County of Essex, introduced the Application; he told the Board the Application was similar to the one they approved in May 2012. Since then, due to technical reasons, the County had determined to relocate the boat launch to Cherry Lane at the former site of an old dilapidated structure that had been a caretaker's home. Mr. Fleder advised the Board that County Engineer and Director of Public Works, Sangeev Varghese, was present to answer questions. Michael J. Piga, C.L.A., R.L.A, French & Parrello Associates, P.A. Consulting Engineers was sworn in; stated his credentials; and was accepted by the Board to be an expert witness. Mr. Piga testified that the area to be developed would be along Cherry Lane. Referring to Exhibit A-1, Mr. Piga described the plan. The boat launch would be located across the street from an existing parking lot on Cherry Lane. From the area of McLoone’s Restaurant, a new walkway and lighting would progress to the proposed boat launch along the reservoir. A new 60’ X 30’ pavilion, new pre-fabricated restroom and new ticket booth/storage shed would be erected. Approximately twenty-five paddleboats would be available for rental; a pedestrian drop-off area made of stamped concrete would be located in front of the boat launch. New landscaping, new gates and new seating along the reservoir would be installed. The area would be tied together with a nautical theme. Referring to Exhibit A-3, Mr. Piga described the area; from McLoone’s restaurant there would be a main walkway 16 ft. wide, made of stamped concrete creating a clean path to the boat launch area. Trash receptacles

Exhibit A-3, Mr. Piga described the area; from McLoone’s restaurant there would be a main walkway 16 ft. wide, made of stamped concrete creating a clean path to the boat launch area. Trash receptacles would be installed along the NAPLANNING. BRD\WP\MINUTES\2013\2-6-13 Minutes.doc 4

walkway. A nautical themed pavilion with a patio area of 80° X 50’; with a capacity of approximately 200-250 occupants would be erected. Mr. Fleder inquired if the proposed walkway would be wide enough to accommodate an emergency vehicle. Mr. Piga answered in the affirmative. Referring to Exhibit A-4, Mr. Piga described the pre-fabricated bathrooms; timber pick-up, log cabin with nautical themed lighting fixtures. Referring to Exhibit A-5, Mr. Piga described the pre-fabricated ticket sales/equipment storage shed. The shed would be sheeted; there would be a cupola. The shed could accommodate two or three employees and would be air-conditioned. Mr. Piga said the plaza area would be constructed of stamped concrete. Referring to Exhibits A-6, A-7 and A-8, Mr. Piga detailed the proposed signage fencing, and paddleboats, the construction materials, and that all would be tied-in with a nautical theme. Mr. Eben stated the site plan showed an existing walkway. Mr. Piga said there was an existing walkway that was going to be replaced. Mr. Eben and Mr. Piga discussed the elevation change and the depth of the water. Mr. Eben said he was concerned about child safety. Mr. Eben said the parking requirement for a pavilion with occupancy of 200 did not meet zoning ordinance requirements. Additionally, the proposed restrooms did not meet ADA requirements; he inquired why would the County risk being sued if a disabled person did not have access to a restroom. Mr. Eben said the plan did not include water fountains, as required by plumbing code. Mr. Eben said he was also concerned that the ticket booth was not ADA compliant. Mr. Piga answered that the plan was conceptual; if a large group used the facility; the County would install temporary port-a-sans. Councilwoman McCartney inquired if the site would be available for people to rent by permit. Mr. Piga answered in the affirmative. Chairman Bagoff asked if the proposed bathroom structure was ADA compliant. Mr. Piga said that based on the specifications of the Oregon manufacturer, he believed it to be ADA compliant. Chairman Bagoff inquired if the County was withdrawing the previous approval for the boat launch. He also asked if there swimming would be permitted; would food concession be offered to the public. Mr. Piga said swimming and food concession were not part of the plan. Referring to Exhibit A-2, Mr. Heller asked

if there swimming would be permitted; would food concession be offered to the public. Mr. Piga said swimming and food concession were not part of the plan. Referring to Exhibit A-2, Mr. Heller asked Mr. Piga to identify another building that was shown on the plan. Mr. Piga said it was a sanitary pump station. Mr. Heller asked Mr. Piga to describe the parking area and proposed crosswalk configuration. Additionally he inquired if a guardrail would be installed to impede meandering in to the woods. Mr. Gurland stated that the water level in the reservoir was low. He asked how was the reservoir fed. Mr. Piga said there was four miles of watershed that fed in to the reservoir. The dock and its railing would rise and fall with the level of water. NAPLANNING. BRO\WP\MINUTES\201 3\2-6-13 Minutes.doc

Mr. Klein inquired if the parking lot included handicap accessible spaces. He opined that the circulation of the parking area looked backwards. Councilwoman McCartney inquired as to heat island affect. She asked if there could be more shade tree landscaping. Mr. Piga answered that the plan called for maximizing the current condition of the lot but that more shading could be added. Mr. Eben stated there was a zoning ordinance requirement for a number of trees for so many parking spaces. He wanted to know why the County should be exempt. Mr. Grygiel cited Section 25-12.1(0.) - General Provisions for Off-Street Parking, requiring one tree and ground level planting for every ten parking spaces. Mr. Piga said the County would comply with the ordinance. Harvey Grossman, Public Advocate, asked if Green Acres or Open Space funding was financing the plan. Mr. Fleder advised the Applicant was not required to answer the question. Mr. Grygiel inquired if there was a parking plan for special events; would parking be allowed on grassy areas. Mr. Piga said overflow parking would be directed to the McLoone’s parking area, approximately 2,000 feet from the boat launch. Suzanne Robinson, 34 Dogwood Drive, asked about the boat launch elevations; if DEP approval was necessary for cutting in to the wall; how much water would be displaced by the paddleboats; would people be displaced from using the current picnic area; would the gate be closed at night. Ms. Robinson said she had read City of Orange residents would be given a fifty-percent discount; why not one for West Orange residents; and what were the proposed hours of operation. Mr. Fleder said the next witness could answer the question regarding hours of operation. Mr. Piga said there would be a floating dock with fencing. The ramp would have a hinge. Buoys would be placed in the area. The gate would be closed at night and the Essex County Sheriff's Department would patrol the area. The picnic tables near the parking lot would not be moved. Mr. Robert Rashkes, 35 Oak Crest Road, asked if a traffic study had been done; what was the configuration of the new parking lot; would curbing be installed along Cherry Lane; what was the storm management plan; would the stamped concrete in the pavilion area be graffiti-proof. Mr. Rashkes was advised that a traffic study had been completed; the parking area was comprised of asphalt

the storm management plan; would the stamped concrete in the pavilion area be graffiti-proof. Mr. Rashkes was advised that a traffic study had been completed; the parking area was comprised of asphalt and stone and could accommodate up to forty-three buses; curbing would not be installed on Cherry Lane, just a sidewalk; a storm water management plan was not required as part of the Application; and that the area would be maintained by Turtleback Zoo employees. Derek Cocovinis, 48 Baxter Lane, a member of the South Mountain Conservancy, asked if this plan was a moneymaking operation. Mr. Cocovinis stated that there were receptactes in the area but the receptacles were never emptied, all the trash ended up in the water. Chairman Bagoff advised Mr. Cocovinis to contact the office of the County Executive, Joe DiVincenzo, to discuss any financial agreements between Essex County and the City of Orange. NAPLANNING. BRD\WPIMINUTES\201 3\2-6-713 Minutes.doc 6