June 20, 2013

Christopher Gammons approached the podium and was sworn under oath. Mr. Gammons stated that he is a Landscape Architect. He detailed his professional and educational backgrounds and said that he worked with the Landscape Architect who signed the plans. Chairman Neuer accepted Mr. Gammons as an expert in landscape architecture. Mr. Gammons stated that he had reviewed Mr. Linson’s memo dated May 30, 2013. He said that they are currently in the process of cleaning up the site from the damage caused by Hurricane Sandy, and that they will comply with his suggestions. Mr. Buechler asked Mr. Gammons what they are proposing to do about the buffer to the home at 777 Northfield Avenue. Mr. Gammons said that trees are still lying down from the storm but that they are proposing to add six (6) evergreen trees, seven (7’) feet tall to buffer that house. Mr. Buechler asked what they were proposing for the residences on the side street as a buffer. Mr. Gammons said that there are many trees there already and they cannot plant evergreens there. Mr. Buechler advised Mr. Gammons to meet with Mr. Linson and ask him what he suggests to plant there. Mr. Williams said that is acceptable. Mr. Gammons stated that his concern is that it will be nearly impossible to buffer out all of the houses but he said he will work with Mr. Linson. Mr, Gammons presented the Tree Removal Plan dated 3/20/13. Chairman Neuer noted for the record that the Tree Removal Plan dated 3/20/13 was pre-marked as Exhibit A-2 for identification. Mr. Gammons said that they already have a proposal from a landscaping company to clean up that area. Chairman Neuer asked to see the proposal. Chairman Neuer asked to have the proposal from Markovski Landscaping and Tree Service, dated 6/11/13, marked as Exhibit A-11 and entered into evidence. Chairman Neuer asked Mr. Gammons when they will be doing the clean up; Mr. Gammons stated that the trees that are already down and the dying trees can be removed in a few days. The Chairman said that the Board will give them until September 15, 2013 to have that area cleaned up. He said that his concern is that he does not want this to end up as an ongoing project. Mr. Bullock suggested that Mr. Gammons discuss the cleanup project with Mr. Linson. Mr. Gammons presented the Landscape Plan and began detailing it. Chairman Neuer noted for the record that the Landscape Plan dated

gested that Mr. Gammons discuss the cleanup project with Mr. Linson. Mr. Gammons presented the Landscape Plan and began detailing it. Chairman Neuer noted for the record that the Landscape Plan dated 3/20/13 was pre-marked as Exhibit A-3 for identification. Mr. Gammons presented the Lighting Plan and began detailing it. Chairman Neuer noted for the record that the Lighting Plan dated 3/20/13 was pre-marked as Exhibit A-4 for identification. Mr. Gammons stated that in response to #6 of Mr. Keller’s report dated 6/17/13, they will lower the shoe box lighting in the rear parking lot to 14’ and install more decorative lighting in the parking lot on Northfield Avenue. Mr. Keller asked Mr. Gammons what they are going to do with the trees on Northfield Avenue. Mr. Gammons said that he would like to see the big oak trees preserved on Northfield Avenue but if they were to put sidewalks there, they would have to take the trees down. He said that if

they cut a major root system it could create a hazardous condition and the trees could topple. Mr. Gammons suggested that they do not install the sidewalks on Northfield Avenue in order to preserve the trees. Mr. Buechler asked Mr. Keller why the Planning Board recommended installing sidewalks in 2010; Mr. Keller said that he believes it had something to do with the bus stop on Northfield Avenue. Mr. Buechler asked Mr. Keller what his thoughts were about installing sidewalks on Northfield Avenue. Mr. Keller said that people could walk on the grass like they do now. Mr. Buechler asked Mr. Williams if any of the employees of the nursing home use public transportation facilities; Mr. Williams said yes and that they function fine. Mr. Bullock asked Mr. Gammon how close the bus service on the west bound side of Northfield Avenue is to the proposed sidewalk; Mr. Gammon said that he would defer that question to the Engineer. Mr. Wilkes approached the podium and stated that the bus stop is approximately 400 yards away. Mr. Keller asked Mr. Gammon if there are currently any lights in the existing parking lot on Northfield Avenue, Mr. Gammon said there are just mounted lights on the building and that there are no post lights in the parking lot. Mr. Keller asked Mr. Gammon if they are proposing to install lights in the parking lot; Mr. Gammon replied no. Mr. Keller referred to #18 of his report dated 6/17/13 and asked Mr. Gammon if they would cut back the plantings on the west side of the driveway to improve site lines to the west; Mr. Gammon replied yes. Mr. Keller referred to #19 of his report dated 6/17/13 and asked Mr, Gammon if they would plant additional shade trees; Mr. Gammon replied yes. There were no further questions for Mr. Gammon from the Board or the Professionals. Chairman Neuer asked if any members of the public had any questions for Mr. Gammon. Robert Rashkes approached the podium and stated that he lives at 35 Oak Crest Road. Mr. Rashkes asked Mr. Gammon if they had alternate routes for the sidewalk on Northfield Avenue; Mr. Gammon said that they did but it would still cut into the root systems of the large oak trees. Mr. Rashkes asked Mr. Gammon if the sidewalks will be accessible for wheel chairs or if they will move the bus stop closer to the facility. Mr. Wilkes said that they had no plans on moving the bus stop closer. Mr. Rashkes said

on if the sidewalks will be accessible for wheel chairs or if they will move the bus stop closer to the facility. Mr. Wilkes said that they had no plans on moving the bus stop closer. Mr. Rashkes said that there is a Township ordinance from 2010 that ordered the authorization of moving the bus stop closer to the facility. He said that New Jersey Transit held off on moving the bus stop because the sidewalks were never put in. Mr. Rashkes said that when he asked about this he was told to be patient because the sidewalks have to be installed first. Chairman Neuer told Mr. Rashkes that, unfortunately, he is dealing with three separate entities and no one tells each entity what to do.

Mr. Buechler said that if there is a Township ordinance that Mr. Rashkes is referring to that is pertinent then this Board cannot ignore it. He asked Ms. Beirne to find out if there is such an ordinance. Mr. Williams said that if there is an ordinance then they will comply. Chairman Neuer said that the Board can include in the resolution that Mr. Rashkes raised an issue about a Township Ordinance concerning the relocation of the bus stap. Ms. Gabry asked Mr. Gammon for clarification about the gravel parking lot not having any lights. He said that there are no lights there now but they are proposing to install some lights. There were no further questions for Mr. Gammon. Chairman Neuer called for a recess at 9:42 pm. Chairman Neuer resumed the meeting at 9:53 pm. Chairman Neuer asked Mr. Williams how he wanted to proceed with ZB-12-24/West Orange Animal Hospital that is scheduled to be heard tonight. Mr. Williams stated that he would like to have this application carried over to the July 18, 2013 meeting and asked if it could be first on the agenda. The Board Secretary said that it would be first on the agenda. Mr. Williams confirmed an extension of the statutory time period for a decision to be rendered by the Board. Chairman Neuer announced for the record that application ZB-12-24 for the West Orange Animal Hospital will be carried to the regular Zoning Board meeting on July 18, 2013 and will be first on the agenda. He said that no further notice will be necessary. Mr. Williams called his next witness. John Buchholz approached the podium and was sworn under oath. Mr. Buchholz detailed his educational and professional background as an Architect licensed in the State of New Jersey. Chairman Neuer asked Mr. Buchholz if he has worked on projects of similar size and scope; he replied yes. Mr. Buchholz stated that he designed the architectural plans. Chairman Neuer accepted Mr. Buchholz as an expert in Architecture. Mr. Buchholz presented the Therapy Room Expansion Plan and the Meeting Room Expansion Plan. Chairman Neuer noted for the record that the Therapy Room Expansion Plan, dated 11/14/12, was pre-marked as Exhibit A-9 for identification and the Meeting Room Expansion Plan, dated 11/14/12, was pre-marked as Exhibit A-10 for identification. Mr. Buchholz stated that Exhibit A-9 and Exhibit A-10 were submitted as part of the application except that

ing Room Expansion Plan, dated 11/14/12, was pre-marked as Exhibit A-10 for identification. Mr. Buchholz stated that Exhibit A-9 and Exhibit A-10 were submitted as part of the application except that these versions have been colorized. He detailed the therapy room plan stating that they will be using green measures and methods. Mr. Buchholz said that the way it is designed it will bring light into the room from the roof. He said that they will also have vents in the room that will allow heat to dissipate out through the roof. 10

Mr. Buchholz detailed the meeting room addition stating that they will remove a wall and square off the room. He said that the exterior will have the same design as the rest of the building. Mr. Buchholz said that the residents will also be able to go outside from here. Chairman Neuer asked Mr. Buchholz how the light will come into the room. Mr. Buchholz said that the light comes in from the ceiling and he compared it to a “skylight type room”. He said that the air will circulate in the room from the roof vents. Mr. Buchholz said that they wanted to create a more comfortable space and a better facility, There were no further questions for Mr. Buchholz ftom the Board members or the Board’s Professionals, Chairman Neuer asked if any members of the public had any questions for Mr. Buchholz; seeing none. Mr. Williams called his next witness. Peter G. Steck approached the podium and was sworn under oath, Mr. Steck stated that he is a Professional Planner, licensed in the State of New Jersey, and has testified before this Zoning Board many times. Chairman Neuer accepted Mr. Steck as an expert witness in Professional Planning. Mr. Steck stated that this application is for a modest expansion of the facility only. He said that the number of beds will not be increased and that it is just to improve the services to the residents of the facility. Mr. Steck stated that the facility is in an OB-1 zone which is a mixed use area and detailed what is allowed in the zone. He said that because the facility does not meet all of the conditional use standards for a nursing home in the OB-1 zone it requires a “D” use variance for the modifications that they are proposing. Mr. Steck stated that the existing conditions are not changing and that it is the expansion of a non-conforming use. He said that a nursing home is inherently beneficial and that the improvements will not impair the intent or purpose of the land use ordinance but will improve the aesthetics. Mr. Steck said that the Board can approve this application without any detrimental impairment to the zoning ordinance or master plan. Mr. Quentzel asked Mr. Steck how he feels about the sidewalks being installed on Northfield Avenue, Mr. Steck said that there are ways to work around the trees and that it needs to be examined. There were no further questions from the Board members or from the Board’s

nstalled on Northfield Avenue, Mr. Steck said that there are ways to work around the trees and that it needs to be examined. There were no further questions from the Board members or from the Board’s Professionals. Chairman Neuer asked if any members of the public had any questions for Mr. Steck. Robert Rashkes approached the podium and stated that he lives at 35 Oak Crest Road. Mr. Rashkes asked Mr. Steck if there were sidewalks on Northfield Avenue were called for in the 2010 Master Plan; Mr. Steck said that he does not remember if sidewalks were recommended. 11

There were no further questions for Mr. Steck. Chairman Neuer asked if any members of the public wanted to comment. Robert Rashkes approached the podium and was sworn under oath. Mr. Rashkes stated that in 2010 a Township Ordinance was passed stipulating that the New Jersey Transit bus stop on Northfield Avenue was to be moved closer to the nursing home. He said that the bus stop has not been moved yet because he was told that the sidewalks are supposed to be installed first. Mr. Rashkes said that it is very difficult trying to walk there now, because he walks there all the time, and it is hard to maneuver especially for people in wheel chairs. Chairman Neuer asked if any other members of the public wanted to comment; seeing none the Chairman closed the hearing. Mr. Buechler suggested they strike the sidewalk from the application unless there is a Township Ordinance then they will comply. Ms. Beirne said that she could prepare the resolution and leave the sidewalk issue out. Mr. Buechler suggested that the Board not vote on the application tonight and carry it to the July 18, 2013 meeting until this issue is solved. Chairman Neuer said that the resident did not bring a copy of the Township Ordinance and it was his responsibility to do so. He said that he does not know if this Ordinance even exists. Mr. Sussman stated that the Planning Board resolution from September, 2010 includes adding sidewalks on the westerly front of the property. Mr. Williams stated that, if there is a Township Ordinance, they would have to comply anyway and they will. Mr. Buechler asked Ms. Beirne to email the Township Ordinance to the Board when she finds it and, if the Ordinance is applicable, the hearing will be re-opened. He said that this will be included in the resolution of approval. Chairman Neuer recommended that the Board approve the application subject to the following conditions: All items in Mr. Keller’s report dated 6/17/13 must be satisfied. All open items in Mr. Keller’s report dated 6/4/13 must be satisfied. All matters in Mr, Linson’s letter dated 5/30/13 must be satisfied. Approval subject to verification of the Township Ordinance, adopted by the Township Council, to install sidewalks along Northfield Avenue. If applicable the Board will reopen the hearing to allow the applicant to supply the Board with additional testimony. 12

Mr. Buechler seconded the motion to approve the application and added the following conditions: Storm drains must be located and cleaned out. ¢ The rear parking lot must be repaved and restriped. The applicant must meet with Mr. Linson regarding the buffers. In reference te the proposal from Markovski Landscaping dated 6/11/13, the clean up must be done by September 15, 2013. « No increase in the number of beds. Mr. Keller suggested the following as a condition: e Applicant to prepare an engineer’s estimate for the site improvements to be used to establish an escrow for engineering inspections during construction. Mr. Bullock said that rarely has he seen a verbal thrashing from Mr. Linson in regards to cleaning up this property. He said that he respects Mr. Linson’s opinion and the applicant better comply with Mr. Linson. All of the conditions recommended by Mr. Buechler and Mr. Keller were accepted by Chairman. Neuer and Mr, Buechler and were, therefore, deemed part of the resolution to approve the application. The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: Yes Sussman: Yes Gabry: Yes Weiss: Merklinger: - Chairman Neuer Yes Quentzel: Yes Chairman Neuer advised the Board Secretary to contact the applicants for applications ZB-10-10, ZB-10-13 and ZB-12-04 and inform them that if they do not advise us of the status of their applications by the next Zoning Board meeting on July 18, 2013, then the Board will consider denying their applications without prejudice. ADJOURNMENT The meeting was adjourned by Chairman Neuer at 11:12 PM Adopted: August 15, 2013 ya Aj» Rose DeSena/ nick Board SY ey 13