April 3, 2013

TOWNSHIP OF WEST ORANGE PLANNING BOARD MINUTES April 3, 2013 The Township of West Orange Planning Board held a regular meeting on April 3, 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, 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, Jerome Eben Tekeste Ghebremicael, Gerald Gurland, Vice Chairman Ben Heller Lee Klein, Councilwoman Susan McCartney, Ron Weston ABSENT: Joanne Carlucci, Jason Lester, William Wilkes II ALSO PRESENT: Paul Grygiel, AICP, PP, Acting Township Planner; Patrick J. Dwyer, Esq., Board Attorney; 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 Il. ANNOUNCEMENTS The next regular Planning Board meeting will be held on May 1, 2013 at 7:30 P.M. in Council Chambers. ADOPT MINUTES The minutes of the March 20, 2013 Planning Board meeting were unanimously adopted. SWEARING IN Paul Grygiel, AICP, PP, Phillips Preiss Grygiel LLC, Acting Township Planner. DISCUSSION Recommendation to Township Council regarding three Historic Landmark Designation reports from the Historic Preservation Commission. (Brian Feeney, Chairman and Martin Feitlowitz, Commissioner) NAPLANNING. BRD\WPIMINUTES\2013\4-3-13 Minutes, doc 4

Appearing before the Board were Brian Feeney, Chairman and Martin Feitlowitz, Commissioner, West Orange Historic Preservation Commission. Mr. Feeney advised the Board that the Historic Preservation Commission was the entity charged with maintaining the historic character of the Township. One of the tools the Committee used was to identify important structures for landmark designations. As required by Ordinance, the Commission held a public meeting in April 2012 and presented the draft designation reports to the Public. In May 2012, the Commission approved a motion to recommend to the Township Council and the Planning Board the designation of three Township properties as local landmarks, as provided for under Article 25-30.3 of the West Orange Land Use Ordinance: 45 Park Way, 7 Bloomfield Way, and 48 Fairview Avenue. Mr. Feitlowitz gave a brief synopsis of each property. Beginning with 48 Fairview Avenue, Mr. Feitlowitz said the property was one of eight remaining local St. Cloud area properties that represented Second Empire architecture. The house retained much of its original ornamentation and displayed the romantic lines and homage to French architecture that was prominent in the late nineteenth century. Built in 1871, by the architectural firm of J. Cleveland Cady, the man who designed the Metropolitan Opera House in New York City; it was used primarily as the summer residence of Alfred Kimball. 7 Bloomfield Way, also known as the Anna Frost House, was built in 1855; it was home to the mother-in-law of Llewellyn Haskell. The house was a rare surviving building from the earliest period of the development of Llewellyn Park; actually preceding the development of the Park, the oldest planned community in the United States. The house is an example of a bracketed cottage, designed by Orange based architect Alexander Jackson Davis. Mr. Davis was a well-known architect of his day; his designs gave new meaning to the word “picturesque”. The house is ane of six remaining buildings designed by Davis from the first phase of development in the Park. 45 Park Way, also known as the Nichols-McKim Cottage, was erected in 1859-59. The Gothic Revival-style house was designed by Alexander Jackson Davis; it has been identified as the single most historic building in the Township of West Orange. The first owner of the Cottage was Edward W. Nichols, an eminent painter of

gned by Alexander Jackson Davis; it has been identified as the single most historic building in the Township of West Orange. The first owner of the Cottage was Edward W. Nichols, an eminent painter of the Hudson Valley School art movement. The Cottage was later home to the Reverend James Miller McKim, a leading pre Civil War abolitionist. His son, Charles Follen McKim, became a famed Beaux Arts architect, one of the founders of McKim, Mead and White, the leading American architectural firm of the later nineteenth century. Chairman Bagoff thanked the Commissioners for an excellent presentation. Mr. Gurland stated that the Commission had followed all legal requirements for designation; he requested the Planning Board submit its recommendation to the Township Council to designate the three properties as local historic landmarks. NAPLANNING.BRD\WPAMINUTES\2013\4-3-13 Minutes.doc 2

The Board voted on the Recommendation as follows: Motion: Mr. Gurland Second: Chairman Bagoff Carlucci: - Eben: Y Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: Y Wilkes II: - Bagoff: Y RESOLUTIONS PB-13-02/Auburn Data Systems, LLC Block: 84.01; Lot: 22; Zone: B-2 10 Marcella Avenue Conditional Use and Preliminary and Final Site Plan with waivers to install two (2) dish antennas on to existing telecommunications tower. DISCUSSION: Mr. Dwyer advised the Board of minor revisions to wording of the Resolution as per recommendation of Eric Keller, P.E., P.P., Omland Engineering Associates, Inc., consulting engineer. The Board voted on the Resolution as follows: Motion: Mr. Weston Second: Chairman Bagoff Carlucci: - Eben: - Ghebremicael: - Gurland: Y Heller: - Klein: Y Lester: - McCartney: Y Weston: Y Wilkes II: - Bagoff: Y PB-13-06T/Dialysis Center of West Orange, LLC Block: 164; Lot: 1.03; Zone: OB-2 101 Old Short Hills Road Technical Site Plan to operate a dialysis center in medical office building. DISCUSSION: Chairman Bagoff advised the Board that at its last meeting, the Technical Review Committee approved the Application for interior renovations to construct and operate a ten (10) patient station outpatient dialysis center in an existing medical office. The conditions were as follows: 1. Subject to receipt of all required State regulatory approvals; 2. Subject to the Applicant entering into an association agreement with Saint Barnabas Medical Center. Mr. Eben inquired if the Applicant's architect was properly licensed in the State of New Jersey; he requested that Mr. Grygiel confirm the architect had a Certificate of Authorization. NAPLANNING BRO\WP\MINUTES|201314-3-13 Minutes. doc 3

The Board voted on the Resolution as follows: Motion: Mr. Weston Second: Chairman Bagoff Carlucci: - Eben: N Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: Y Wilkes II: - Bagoff: Y APPLICATION PB-13-05C/County of Essex-South Mountain Recreation Complex Block(s): 163; Lot(s): 1; Zone: R-1 560 Northfield Avenue Courtesy Review Application to construct new pavilion over existing concrete pad and to install new playground structure at Turtle Back Zoo. EXHIBITS A-1 — Ariel photograph of overall view of Turtle Back Zoo, prepared by French & Parrello Associates, P.A., dated April 1, 2013. A-2 — Rendering of Concept Site Plan for new playground, prepared by Suburban Consulting Engineers, Inc., dated February 20, 2013. A-3 — Site layout and grading plan of pavilion area, signed by Daren J. Phil, P.E., Suburban Consulting Engineers, Inc., dated March 14, 2013. A-4 — (Preliminary) Conceptual Plan and Profiles, prepared by Suburban Consulting Engineers, Inc., dated February 19, 2013. A-5 — Ariel Plan, prepared by Suburban Consulting Engineers, Inc., dated February 28, 2013. Joseph N. DiVincenzo, Jr., County Executive appeared before the Board. He thanked the Planning Board, Mayor and Township Council for their support; he offered an invitation to all to join him on April 10, 2013 at 11:00 A.M. for the grand opening of the brand new Sea Lion Exhibit at Turtle Back Zoo. He then gave a brief summary of the current Applications; one would include a new dinosaur-themed playground area and new pavilion; the other was to replace and expand the Tree Top Adventure course damaged during Hurricane Sandy; it was expected to re-open August 1, 2013 together with a new Education Center. The projects totaled eight million doilars worth of new work done in the Township of West Orange. Mark L. Fleder, Esq., Connell Foley LLP, attorney for the Applicant addressed the Board. Mr. Fleder stated that the County was concerned that there was the appearance that it did not follow Township ordinances. He said the record should reflect that assumption was entirely wrong. The two new projects reflected eight million dollars worth of improvements; the County was (not) in any sense, not heeding to the ordinances of the Township; the County Executive and the County wanted a first-class operation. NAPLANNING. BRO\WPIMINUTES\2013\4-3-13 Minutes.doc 4

Joseph D. Perello, L.L.A, Suburban Consulting Engineers, Inc., was sworn in and accepted by the Board to be an expert in landscape architecture. Referring to Exhibit A-1, Mr. Perello said it showed an overall view of the Zoo property that had also been superimposed with the proposed improvements. Mr. Perello said the new playground would be located adjacent to the aviary and barn structure; the existing playground would be removed and a new pavilion would be installed over the old playground's existing footprint. The new playground would have an entrance feature, a portal in the shape of a large Teri dactyl. Children would be able to dig for fossils throughout the playground. The playground would be divided in to two areas for different age groups. The first, a playground geared for two-to-five year olds would have standard playground structures and rock formations. The second, geared to five-to-twelve year olds, would be customized with dinosaur features including a saber-toothed tiger with slides and climbers. All playground surfacing would be light-colored rubberized material. The playground would have an accessible area for handicapped children. The entire area surrounding the playground would be landscaped with perennial plantings including larger prehistoric looking plantings. The area would have modular blocks retaining walls; and would be entirely fenced to keep children within the area. Near the existing carousel, a new pavilion would be built on the existing 30’x50’ concrete pad with rubberized matting; the new structure would be a shaded pavilion with twelve poles and a gabled roof with electrical outlets and lighting. The pavilion would be used for picnics. Additionally, there would be a small wood structure to store children’s backpacks. There would be no impact to the existing site other than taking out the existing playground and building a shade structure. The pavilion would look exactly like the existing pavilion jocated approximately 150 feet away. Mr. Perello concluded his testimony. Mr. Eben inquired as to the number of trees that would be removed for the new playground; he asked about the storm water management control for area; and the proximity of the restrooms to the new playground area. Mr. Perello said that twenty nine (29) trees would be removed for the new playground area and replaced with eight (8) very large deciduous trees,

proximity of the restrooms to the new playground area. Mr. Perello said that twenty nine (29) trees would be removed for the new playground area and replaced with eight (8) very large deciduous trees, together with many other trees and plantings. Regarding storm water management, Mr. Perello said there were under-drains in the area that would be recharging the ground; the soil erosion control plan had already been filed with the State. Mr. Perello indicated that there were two restrooms in the area; one located approximately 150 feet from the playground, another one near a shaded area approximately 200 feet away. Mr. Eben suggested that perhaps some ground signs be placed in the area indicating when the restrooms were located. Councilwoman McCartney asked what type of fence would surround the playground area. Mr. Perello said there would be a new 4 ft. chain link fence along the top of a retaining wall; the entire area had an 11 ft. high perimeter fence. Mr. Heller asked if the playground surface was ADA compliant. Mr. Perello said the playground surface would be a light-colored rubberized material that looked like sand. Mr. Klein asked for details regarding the safety fence. Mr. Perello said the entire area would be fenced in; there would be a lower module safety fence. NAPLANNING BRDIWPIMINUTES|2012\4-3-13 Minutes.doc 5

Mr. Grygiel asked Mr. Perello to detail the timing of the construction; Mr. Perello said the plan was to build the new playground first, then the pavilion. Mr. Grygiel confirmed that the new amusement would not result in new trip generation. Mr. Grossman said he had no questions; but would like to reserve his comments until after the County finished its testimony on the Applications. The Public had no questions or comments. The Board deliberated on the Application. Recommendations: 1. Ground signs installed to indicate the location of bathroom facilities should be installed. Chairman Bagoff called for a vote on the Application. The Board voted on the Application as follows: Motion: Chairman Bagoff Second; Mr. Ghebremicael Carlucci: - Eben: Y Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: Y Wilkes II: - Bagoff: Y Chairman Bagoff announced a brief recess at approximately 8:23 P.M.; he re- convened the meeting at approximately 8:29 P.M. PB-13-04C/County of Essex-South Mountain Recreation Complex Block(s): 163; Lot(s): 1; Zone: R-1 560 Northfield Avenue Courtesy Review Application to construct Education Center at Turtle Back Zoo; to reconstruct Tree Top Adventure Course. EXHIBITS A-1 — Ariel photograph of overall view of Turtle Back Zoo, prepared by French & Parrello Associates, P.A., dated April 1, 2013. A-2 — PowerPoint Presentation — The Education Center at the Turtle Back Zoo prepared by USA Architects Planners & Interior Designers. A-3 — Preliminary Conceptual Plan of Tree Top Adventure Course prepared by French & Parrello Associates, P.A., dated February 26, 2013. Mr. Fleder introduced Michael J. Piga, C.L.A., R.L.A, Manager of Landscape Architecture, French & Parrello, Associates, P.A. Mike Piga, licensed landscape architect, French & Parrello. Chairman Bagoff stated that Mr. Piga had appeared before the Board on several occasions; the Board acknowledged him an expert witness. NAPLANNING, BRO\WPIMINUTES|2013\4-3-13 Minutes.doc 6

Referring to Exhibit A-1, Mr. Piga identified the area of the Tree Top Adventure Course, he said the project was along Northfield Avenue; the County had appeared before the Board two years ago and had approved the course using the actual trees on the property; due to Hurricane Sandy, the existing course was destroyed. The new Application was to rebuild the course. Continuing to Exhibit A-3, Mr. Piga said that previously the course had twenty-four elements; the new proposal was to enlarge the course; it would have forty-six elements and a zip line. All elements would be on timber poles. The new course would include fifteen elements for children, The zip line would be on towers located near the Black Bear Exhibit. The existing stone access road would be paved up to the stone fence fronting Northfield Avenue; drainage system would be improved; ten trees would be removed, {American Elm and Ash), to be replaced with thirty-two new trees, shrubbery and perennial plantings. The second portion of the project would be the construction of a new Education Center, which would include a new drop-off area for buses to ease the congestion at the existing main entrance. The new saw tooth bus-parking set-up would accommodate up to eight buses at a time; nine designated employee parking spaces and additional designated parking for handicap accessibility. The configuration would include bollards; stamped concrete coverage, and new fencing to ensure pedesirians use crosswalks. The entry plaza would have animal footprints motif similar to the hand and footprint feature at TLC Chinese Theatre (formerly Grauman’s) in Hollywood; there would also be a globe installation. The new area to the west would have a snake motif with a two-foot high wall; the asphalt path trail would be ADA compliant — visitors could access both the Tree Top Adventure Course or go directly to the Zoo. Mr. Fleder confirmed with Mr. Piga that the Department of Consumer Affairs (DCA) had approved the plan for the new Tree Top Adventure Course. Mr. Fleder advised the Board that a structural engineer was present, and if requested, would be able to testify to the details of the construction. However, since the Course was technically an amusement type ride, the actual structural calculations were unavailable. The plan caiculations review and approval for the Course was within the exclusive jurisdiction of the

ourse was technically an amusement type ride, the actual structural calculations were unavailable. The plan caiculations review and approval for the Course was within the exclusive jurisdiction of the DCA. Chairman Bagoff inquired if the Board had any questions in response to Mr. Piga’s testimony. Mr. Eben stated that the original approval from the Board, two years ago, had a condition that the Course would be set back thirty feet from the property line; but it was not built according to the approved plan. He inquired if Mr. Dwyer would make it a recommendation of approval that the new Course maintain the thirty-foot setback. Mr. Piga answered in the affirmative; it could be moved back to maintain the thirty foot setback. Chairman Bagoff advised Mr. Dwyer to make the thirty-foot setback a condition of the recommendation. Mr. Heller inquired as to the reason the outdoor pavilion entrance was open to the street, he said he was concerned the globe installation would be visible on Northfield Avenue; he also asked if Mr. Piga knew how the Course tied in to the original Lenape Trail. Mr. Piga said the area was very steep, the entrance area would be visible from the street but would have much landscaping; the globe was not large; it NAPLANNING.BRO\WP\MINUTES|2013\4-3-13 Minutes. doc 7