May 1, 2013

TOWNSHIP OF WEST ORANGE PLANNING BOARD MINUTES May 1, 2013 The Township of West Orange Planning Board held a regular meeting on May 1, 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 7:32 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, Joanne Carlucci, Jerome Eben (7:44 P.M.), Tekeste Ghebremicael, Gerald Gurland, Vice Chairman Ben Heller Lee Klein, Councilwoman Susan McCartney (7:35 P.M.), William Wilkes {I ABSENT: Jason Lester, Ron Weston 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 II. ANNOUNCEMENTS The next regular Planning Beard meeting will be held on June 5, 2013 at 7:30 P.M. in Council Chambers. ADOPT MINUTES Adopt the minutes of the April 3, 2013 Planning Board meeting. DISCUSSION: Mr. Gurland said he took issue with the April minutes regarding the testimony of Mr. Altieri that the ATM machines would be “accessible.” He opined that the wording did not clearing indicate that the machines would be “handicap accessible’, Chairman Bagoff said that the Apri! minutes reflected what the witness stated; he advised Mr. Gurland that his concern would be noted in the May minutes. The Board voted on adopting the minutes of the April 3, 2013 meeting as follows: Motion: Mr. Ghebremicael Second: Chairman Bagoff Carlucci: - Eben: - Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: - Wilkes II: - Bagoff: Y NAPLANNING. BRD\WP\MINUTES\201315-1-13 Minutes, doc 1

SWEARING IN Paul Grygiel, AICP, PP, Phillips Preiss Grygiel LLC, Acting Township Planner. RESOLUTION(S) 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. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Councilwoman McCartney Carlucci: : Eben: - Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: - Wilkes II: - Bagoff: Y 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. The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Councilwoman McCartney Carlucci: - Eben: : Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: - Wilkes I: : Bagoff: Y PB-13-07/Village Supermarket Inc., d/b/a Shop Rite Block: 155.21; Lot: 40; Zone: P-C 1 Rooney Circle Preliminary and final site plan without variances to operate 24-hour business. DISCUSSION Mr. Dwyer advised the Board that the Application was for an Amended Site Plan, not a Preliminary and Final Site Plan as originally identified; he read the conditions of approval to the Board. Mr. Gurland said he had questions regarding the word “substantially” as used in Page Three (3), Item Eleven (11) of the Resolution because there may have been a major change to the site pian since the existing supermarket has been operating. Chairman Bagoff stated that the Application was not to change the footprint or structural changes; and there was no testimony stating same. Chairman Bagoff asked Mr. Dwyer if the wording could be misconstrued; Mr. Dwyer said it was in the eye of the beholder; but there was not testimony regarding changes to the building structure, just to the parking configuration. Mr. Gurland further said he questioned the wording of Item Two (2), Page Four (4) of the Resolution. Mr. Dwyer answered that the wording was a standard item to be included in the Resolution; Chairman Bagoff concurred. NAPLANNING.BRD\WPIMINUTES\201 3\5-1-13 Minutes. doc 2

The Board voted on the Resolution as follows: Motion: Chairman Bagoff Second: Mr. Ghebremicael Carlucci: - Eben: - Ghebremicael: Y Gurland: Y Heller: Y Klein: Y Lester: - McCartney: Y Weston: . Wilkes II: - Bagoff: Y APPLICATION(S) PB-13-08/Dialysis Center of West Orange, LLC Block: 164; Lot: 1.03; Zone: OB-2 101 Old Short Hills Road, Ste. 120 Amended Site Plan. EXHIBITS: A-1- Drawing A1.0 — Site Plan and Project Information prepared by Christopher D. Kidd & Associates, LLC, revised pian dated 4/19/13; A-2- Drawing A2.0 — Interior Floor Plan prepared by Christopher D. Kidd & Associates, LLC, drafted 4/4/13; A-3- Drawing A3.0 — Existing Site Photos prepared by Christopher D. Kidd & Associates, LLC, drafted 4/4/13; A-4- Decibel Level Diagram, prepared by Christopher D. Kidd & Associates, LLC, dated 4130/13; A-5- Aerial Exhibit, prepared by Maser Consulting P.A., dated 4/30/13. Sandy L. Galacio, Esq., Windels Marx Lane & Mittendorf, LLP, attorney for Applicant appeared before the Board; he gave an overview of the Application for an Amended Site Plan with variances for an approximately 5,120 square feet, ten patient station outpatient dialysis clinic in an existing medical office building. The Technical Review Committee approved the technical site plan for interior improvements in March; the Board adopted the Resolution at the April meeting. The scope of work now being submitted included two new exterior door and frame assemblies within the existing window system and one new set of exterior double delivery doors within the existing frame. The new doors would be used for deliveries and emergency exits; not for public entrances, and would be secured from the exterior at all times. A new concrete sidewalk would be built to connect the new doors to the existing sidewalk. Additional work would include the installation of an emergency back-up diesel generator with a concrete pad and enclosure at the exterior of the building on the south side. The mechanical system would be separate from the existing building's central system in order to be backed-up on the emergency generator and would include five (5) new condensing units on the exterior of the building at grade as well as several fresh air intake louvers on the existing fagade. The proposal would require a bulk variance for lot coverage; and possibly another variance for the fence, which was discussed

grade as well as several fresh air intake louvers on the existing fagade. The proposal would require a bulk variance for lot coverage; and possibly another variance for the fence, which was discussed at the Technical Review meeting. Mr. Galacio read Section 254.8(d) the Ordinance requirements for fence permits, which reads, “In all non-residential districts, a fence or wall to be used for screening may not exceed six (6) feet in height. If a property owner desires to exceed the six (6) feet limitation, the property owner shall apply to the Planning Board for technical Review. Mr. Galacio said the proposed fence height was eleven feet. Answering an inquiry from Mr. Dwyer, Mr. Grygiel said he believed the fence variance was warranted. Mr. Galacio introduced his first witness; Jeff Dale, Vice President of Project Management, American Renal Associates. Mr. Dale was sworn in, presented his credentials, and was accepted by the Board to be an expert witness for the Applicant. Mr. Dale said the Application was for an end-stage renal disease treatment center. American Renal Associates owned one-hundred- thirty-one (131) centers in the United States, and would be partnering with the doctors at the NAPLANNING. BRD\WPAMINUTES|2013\5-1-13 Minuies.doc 3

proposed site. The facility would service patients seeking renal care treatment on an outpatient basis up to three days per week. Mr. Eben inquired if patients would be incapacitated while undergoing treatment; Mr. Dale answered in the negative. All patients would be fully aware, ambulatory and able to exit the premises in the event of an emergency situation. Christopher D. Kidd, AIA, ALA, RIBA, Christopher Kidd & Associates, LLC, was sworn in, stated his credentials, and accepted by the Board to be an expert in architecture. Mr. Kidd gave a brief overview of the project including the installation of a new generator as required by law for this type of facility. Mr. Kidd detailed the type of generator and its specifications; a 150 kW diesel generator, approximately ten feet in height, to be placed twenty-five feet from the south side of the existing building away from fresh air intake units; increasing the impervious surface by 738 feet. Referring to Exhibit A-4, he detailed the decibel level for the generator; it would be within acceptable guidelines. A fence would be installed to screen the generator; pads would be installed for the required new HVAC equipment; it was important to control humidity levels for Patient comfort. Mr. Kidd said he did not anticipate any tree removal, but possibly the removal of some small shrubbery during installation. The New Jersey Department of Consumer Affairs had approved the site to operate the facility on April 9, 2013. The building felt under the 2009 international Business Code, Business Group B, for an outpatient dialysis clinic. Mr. Eben stated that Mr. Kidd testified that the building fell under Business Group B use, yet there was no code information listed on the drawings. Further, Mr. Eben said that he thought it was a use variance. Mr. Kidd answered that a dialysis center had previously operated in the building. Mr. Eben opined he did not believe the building was the right site for dialysis patients; he was concerned that immobile patients would not be able to exit in the case of an emergency. Mr. Kidd answered that the majority of patients would be able to leave on their own accord; others would be assisted if necessary. He said Mr. Eben’s points were valid; however, the NJ State DCA had granted approval for the dialysis center at the site. Mr. Eben said the proposed generator would be located in the front

necessary. He said Mr. Eben’s points were valid; however, the NJ State DCA had granted approval for the dialysis center at the site. Mr. Eben said the proposed generator would be located in the front yard; he was concerned that it was a big unit for the front yard. He asked if the refueling equipment would be dragged across the lawn; and where would the truck be parked during refueling; he stated the truck would block parking spaces. Mr. Kidd said the proposed location was the best possible space for the unit. Chairman Bagoff said a condition of approval would be to limit the time(s) the tank be refueled or tested. Mr. Ghebremicael asked if the Applicant had considered a natural gas generator that would be much cleaner and less noisy. Chairman Bagoff said that for this type of use, the DCA required a diesel generator; the requirements had been discussed at the previous Technical Review meeting. Referring to Exhibit A-1, (Drawing A1.0 Site Plan and Project Information), Chairman Bagoff asked Mr. Kidd to verify the square footage of the additional impervious coverage; Mr. Kidd said the total amount of impervious surface was approximately 760 square feet. Chairman Bagoff asked if the generator could be screened by landscaping. Mr. Kidd said the lot coverage would increase from 195,005 square feet to 195,765 square feet; it was from 66.42% to 66.68% where 50% was allowed. Mr. Gurland, referring to Exhibit A-1, (Drawing A1.0 Site Plan and Project Information), identified the line from the generator to the building and asked to where did the conduit lead go. Mr. Kidd said it went to the basement. Mr. Gurland inquired if the generator was moved, would the lead have to be longer. Mr. Kidd said it had to be 25 feet away from the fresh air intakes. Mr. Gurland stated he was concerned that the generator and HVAC would be in the front of the building; and stated he had a real problem with the location of the units. Mr. Kidd said the building technically had two front yards according to the ordinance; one fronting Old Short Hills Road, the other on NAPLANNING. BRO\WPIMINUTES\2013\5-1-13 Minutes.doc 4

Hansen Road. The proposed generator would be in the yard facing Hansen Road; it was the best location on the site for servicing the dialysis center. Again referring to Exhibit A-1, Mr. Gurland said he had a problem understanding the 200 feet boundary line advising neighboring property owners; he asked if the 200 feet boundary originated at the outside of the building. Mr. Kidd answered the 200 feet was indicated from the property boundary line, not the outside of the building. Regarding the interior renovation, Mr. Gurland inquired if the plan incorporated access for a staff member in a wheel chair; did the law require compliance. Mr. Dwyer answered it was a building code issue, not a zoning issue. There were no questions for Mr. Kidd from the Public Advocate or the Public. Daniel Bloch, P.P., Maser Consulting, P.A., was sworn in, stated his credentials, and was accepted by the Board to be an expert witness in planning. Mr. Galacio asked Mr. Bloch to testify regarding the requested variances. Referring to Exhibit A-5, (Aerial Photos), Mr. Bloch described the site’s surrounding area. He said the Application required two bulk-variances: one for lot coverage, the other for fence height. It was his opinion that the five tests used to grant the variances were met; the improvements were to an existing medical office use and the proposed improvements would further the purposes of the zone; promote the appropriate use of land, public safely and welfare. The generator would be located twenty-five feet from the building; there would be adequate light and open space; ensuring clean air going in to the building. The generator would be screened by a fence and located approximately one-hundred feet from Hansen Road; the visual impact would be minimal because it would be overshadowed by the existing five-story building. He opined the Application advanced the goals and objectives of the Township's Master Plan; to properly locate a commercial service and maintain compatibility with adjacent land uses. The proposed use did not conflict with the welfare of neighboring municipalities; it would take advantage of its proximity to St. Barnabas Hospital; it would help promote growth in area health care industry. Chairman Bagoff interjected that the generator was the issue. Mr. Galacio said that Mr. Kidd had testified that for this type of business the DCA required the

ote growth in area health care industry. Chairman Bagoff interjected that the generator was the issue. Mr. Galacio said that Mr. Kidd had testified that for this type of business the DCA required the generator. Mr. Eben said he did not take issue with Mr. Bloch’s testimony there would not be substantial visual impairment to the area; to be fair there are two front yards to the property; his issue was that subsequent Applicants would want front yard generators. Mr. Bloch said the issue was about this Application; this Application was unique because this was technically not a front yard. The generator would be located in the second front yard. The main entrance to the building was in the rear of the building where the parking lot was located. It was his opinion this was not the front of the building. Mr. Eben said it was a front yard; the Applicant was asking for a front yard variance. Mr. Eben said that another problem with the plan was that no landscaping was indicated. Mr. Galacio said the building owner could testify regarding landscape maintenance. Councilwoman McCartney voiced cancern the Board would be setting a precedent by granting the variance to locate the generator in the front yard; additionally, she said that at the Technical Review meeting the need for additional landscaping was discussed with the Applicant to help screen the fence. Chairman Bagoff asked if it was possible to move the generator to another site; he was concerned that the homes and St. Barnabas would be impacted by the generator. Mr. Bloch said that garden apartments were approximately 300 feet away from the generator. Chairman Bagoff asked Mr. Grygiel if the dialysis center was a permitted use for the zone. Mr. Grygiel answered in the affirmative; he added that as such, law mandated the generator. There were no questions for Mr. Bloch from the Public Advocate or the Public. NAPLANNING. BRD\WP\MINUTES|2013\5-1-13 Minutes.doc 5

Mr. Klein asked Mr. Kidd to give the height of the generator; Mr. Galacio answered it was approximately twelve feet tall; the whole point of the generator was to deal with a natural disaster. Moving the generator to the side would mean removing a line of mature trees. Councilwoman McCartney asked if it would be possible to screen the generator with a chain link fence and landscaping. Mr. Galacio said the Applicant would be willing to work with the Township on landscaping. Mr, Galacio concluded his testimony; he summarized the testimony presented for the Application and listed the variances requested: Section 25.7.1, Lot Coverage; 50% permitted; 66.4% existing; 66.7% proposed. Section 25-8.4(d), "If a property owner desire to exceed the six feet limitation, the property owner shall apply to the Planning Board for Technical Review. Application proposed an eleven feet fence. The Public Advocate and the Public had no comments regarding the Application. The Board deliberated on the Application. Mr. Eben opined the Application was a great use for the property; however, he did not believe the testimony of Mr. Kidd proved granting variance relief for the fence. Harvey Grossman, Public Advocate, requested to comment on the Application. He said he agreed with Mr. Eben regarding the fence. He opined the Applicant submit a fence and landscaping plan. Chairman Bagoff asked Mr. Dwyer if as a condition of Approval, the Resolution would indicate the time when fuel trucks could refuel; and time the generator could be tested. Mr. Heller recommended arborvitaes, (“Green Giants”), of eight to ten feet height be planted five feet on center to landscape and screen the fence. Mr. Gurland asked if it would be possible to have the generator be sunken in to a low-grade pit. Mr. Kidd answered that the manufacturer did not recommend lowering the generator; mainly because of maintenance and the possibility of flooding during heavy storms. He said that extensive grading would be required. Chairman Bagoff said that based on testimony, the generator would be required by the DCA. The testimony concluded that the proposed plan was the best solution; it would be screened; it would not be an issue visually. Conditions: 1. The Applicant shall comply with all applicabie Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation,

ot be an issue visually. Conditions: 1. The Applicant shall comply with all applicabie 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. 2. 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. NAPLANNING. BRD\WP\MINUTES|2013\5-1-13 Minutes.doc 6