July 18, 2013

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING July 18, 2013 The West Orange Zoning Board of Adjustment held a regular meeting on July 18, 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 the Township Clerk, the West Orange Chronicle, and posted on the Township Bulletin Board on November 21, 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: G. Bullock, D. Gabry, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman, A. Weiss ABSENT: B. Buechler (excused absence) ALSO PRESENT: P. Grygiel, Consulting Planner/Acting Planning Director F. Russo, Consulting Engineer Board Attorney, Alice Beirne, Esq. Board Secretary, Rose DeSena D. Dillon, Audio-Digital Transcription Service REORGANIZATION SWEARING IN Re-appointed Board members, William Merklinger and William Steinhart took the oath of office along with Deborah Gabry as Chairwoman. Past Chairman Neuer passed the gavel to Chairwoman Gabry. ANNOUNCEMENTS Future Meetings: August 15, 2013 (Regular Meeting) - 8:00 PM September 12, 2013 (Regular Meeting) — 8:00 PM October 17, 2013 (Regular Meeting) — 8:00 PM Chairwoman Gabry announced that application ZB-13-07/Golda Och Academy, previously scheduled to be heard at this meeting, had requested to be carried to the next Zoning Board of Adjustment meeting held on August 15, 2013.

Chairwoman Gabry announced that Mr. Merklinger has been appointed by the Township Council to sit on the Zoning Board of Adjustment as Alternate #2. SWEARING IN Consulting Engineer, Frank Russo and Consulting Planner for the Township, Paul Grygiel were sworn under oath. RESOLUTIONS 1. ZB-13-06/Stratford Manor Rehabilitation & Care Ctr. Approved 6/20/13 Block: 166,15; Lot: 7; Zone: OB-1 “D” variance for the expansion of a non conforming use and several “C” variances for an addition, increased parking and providing outdoor seating Ms. Beirne stated that the Board must make a decision regarding the applicant having to install the sidewalk in front of the facility on Northfield Avenue. Robert Williams, Esq., attorney for the applicant, approached the podium and stated that the applicant’s representatives met with the Township Forester, John Linson, who agreed that a modified version of the sidewaik can be installed. Mr. Williams said that, because Northfield Avenue is Essex County property, County approval is required. Mr. Williams stated that if the Municipal Engineer wants the sidewalks to be installed, the applicant will install them. There was discussion regarding the bus stop and Mr. Williams stated that if the bus stop is not going to be relocated then there is no reason to put a sidewalk in front of the applicant’s facility. Ms. Beirne stated that the Township Ordinance requiring the relocation of the bus stop does not mention the sidewalk. Mr. Russo stated that there is pedestrian use in front of this facility, He said that the only place that does not have sidewalks in that area is in front of Stratford Manor. Mr. Russo stated that the sidewalk should be installed there because it is a safety issue. Mr. Williams said that if the Board wants them to install the sidewalk and the County approves it, then they will comply. Chairwoman Gabry asked for a motion to amend the approval for the sidewalk. Mr. Neuer moved to amend the approval to require a sidewalk in the front portion of the Stratford Manor property on Northfield Avenue that is not covered with asphalt. Ms. Beirne stated that, subject to the Township Engineer and Essex County approval, the applicant will install a meandering sidewalk on Northfield Avenue and the Engineer will determine how wide it can be. Mr. Neuer accepted Ms. Beirne’s clarification as part of his motion. Mr, Steinhart

pplicant will install a meandering sidewalk on Northfield Avenue and the Engineer will determine how wide it can be. Mr. Neuer accepted Ms. Beirne’s clarification as part of his motion. Mr, Steinhart seconded the motion to amend to require installation of the sidewalk.

The vote was as follows: Buechler: - Steinhart: Yes Bullock: Yes Sussman: Yes Merklinger: - Weiss: - Neuer: Yes Chairwoman Gabry: Yes Quentzel: Yes Ms. Beirne stated that the resolution will read that the applicant must install the sidewalks. She said that she will also incorporate the changes into the resolution. Chairwoman Gabry asked for a motion to adopt the amended resolution. Mr. Never moved adoption of the amended resolution; Mr. Sussman seconded the motion. The vote was as follows: Buechler: - Steinhart: Yes Bullock: ‘Yes Sussman: Yes Merklinger: - Weiss: - Neuer: Yes Chairwoman Gabry: Yes Quentzel: Yes APPLICATIONS 1. ZB-13-05/Nicolas Carried from 6/20/13 8 Pen Bryn Road Block: 148.03; Lot: 13; Zone: R-6 “C’ variances for side yard. set-backs for installing a deck Naomi Nicolas approached the podium and requested an adjournment until the next Zoning Board meeting on 8/15/13. Mr. Neuer explained to Ms. Nicolas the process for noticing in the newspaper and for the residents within 200’ of her property. Ms. Nicolas requested blank copies of the noticing forms to bring to the newspaper; the Board secretary said that she would email the forms to her. Chairwoman Gabry approved Ms. Nicolas’ request and stated that the application will be carried to the August 15, 2013 Zoning Board meeting. 2. ZB-13-03/Prism Green Assoc. ITI, LLC Block: 155; Lot: 26.03; Zone: O-R Rooney Circle “D” use variance and “C” variances to construct a fitness center. Frank Regan, Esq., attorney for the applicant, approached the podium. Mr. Regan requested that this application be carried over to the next Zoning Board meeting held on August 15, 2013. He

also noted, for the record, that the applicant has already noticed for the July 18, 2013 Zoning Board meeting. Chairwoman Gabry approved his request and stated that the application will be carried to the August 15, 2013 meeting and that no further notice will be required. 3. ZB-13-08/Regan Block: 43.04; Lot: 11; Zone: R-5 4 Florence Place “C” variance for a side yard setback to build a deck Frank Regan, applicant, approached the podium and requested that his application be carried over to the next Zoning Board meeting held on August 15, 2013. He also noted, for the record, that he has already noticed for the July 18, 2013 meeting. Chairwoman Gabry approved his request and stated that the application will be carried to the August 15, 2013 meeting and that no further notice wiil be required. 4, ZB-12-24/West Orange Animal Hospital Carried from 6/20/13 Block: 158.03; Lot: 102.07; Zone: R-3 360 Northfield Avenue “1” variance for the expansion of non conforming use with buik variances EXHIBITS A-1 — Preliminary & Final site plan — revision dated 6/28/13 (12 pages) A-2 - Landscape Plan — revision date 6/28/13 A-3 — Site Plan —- New Construction Plan — revision date 6/28/13 A-4 — Elevations Plan — revision date 6/10/13 A-5 — Floor Plan dated 3/11/13 Chairwoman Gabry stated for the record that Mr. Sussman, who is recused from participating on this application, stepped down from the dais. Robert Williams, Esq., attorney for the applicant approached the podium. Mr. Williams stated that the animal hospital has been at this location for over 100 years. He said that they are proposing an addition to the rear of the building, an extension of the front reception area and renovations to the interior and exterior of the building. Mr. Williams said that they will not be increasing the number of employees or changing the hours of operation. He stated that the reason for the proposed improvements is because technology has changed and the animal hospital will now have diagnostic equipment on site. Chairwoman Gabry asked Mr, Williams if the staff will be on site 24 hours; Mr. Williams replied no. He said that if an animal needs constant monitoring, they will provide staff. 4

Mr. Neuer asked Mr. Williams how big the house was that they are proposing to remove; Mr. Williams said that their Architect can answer that question. Mr. Neuer said that this use was permitted over 100 years ago because the Township Ordinance was not in existence at that time. Mr. Williams called his first witness. Thomas A. Boorady approached the podium and was sworn under oath. Mr. Boorady detailed his educational and professional background as an Engineer licensed in the State of New Jersey. He stated that he has also testified before many Zoning Boards in New Jersey. Mr. Neuer stated that he did not see Mr. Boorady’s name on any of the plans. Mr. Boorady said that he is a person authorized to sign the plans and they were signed under his supervision. Chairwoman Gabry accepted Mr. Boorady as an expert in Professional Engineering. Mr. Boorady presented the preliminary and final site plan with a revision date of 6/28/13. Chairwoman Gabry noted for the record that the sife plan with a revision date of 6/28/13 was pre-marked as Exhibit A-1 for identification. Mr. Boorady referred to the site plans and detailed the existing conditions. He then detailed the demolition plan stating that the house is a one story structure and is approximately 750 sq. feet. Mr. Boorady referred to the site plans and detailed the proposed conditions showing where the addition will be located. He said that the entrance will remain the same. Mr. Boorady said that they will be restriping the parking lot and detailed the reconfiguration the driveway and sidewalk. He said that they will make modifications to the drainage and smooth out the driveway. Mr. Boorady referred to the plans showing the chain link fence on the property and stated that the gravel pathway area is where the large dogs are walked on a leash and relieve themselves. He said the fencing in that area is for safety purposes. Mr. Boorady detailed where the trash enclosure is located on the plans. He said that they are proposing to place a free standing sign on the left of the driveway on Northfield Avenue. Mr. Boorady said they are also proposing to install a 6 ft. fence along the back property line. Chairwoman Gabry asked Mr. Boorady where the handicapped sidewalk was on the plans; Mr. Boorady referred to the proposed conditions plan showing the handicapped sidewalk. Mr. Quentzel asked Mr. Boorady if the use

bry asked Mr. Boorady where the handicapped sidewalk was on the plans; Mr. Boorady referred to the proposed conditions plan showing the handicapped sidewalk. Mr. Quentzel asked Mr. Boorady if the use of the proposed fenced in area will be increased; Mr. Boorady replied no and stated that the area is just for the large dogs to be walked. He said that they will do their business and come back inside because the dogs cannot be outside for a length of time.

Chairwoman Gabry asked Mr. Boorady if animals that do not need medical care will be boarded at the hospital. Mr. Williams said that only animals who are existing patients will be able to be boarded there. Mr. Williams stated that the reason they are asking for the area to be fenced in is because some of the dogs have the ability to break loose. Mr. Neuer asked Mr. Boorady why they would need three areas to walk the dogs if there is already an existing gravel path in the back. Mr. Boorady said that most dogs will be walked on the gravel path. He said that the fenced in area is for the larger dogs that are harder to handle and have the ability to break loose from their leash. Mr. Boorady said that it is for the dog’s security to make sure that they are safe. Mr. Neuer asked Mr. Boorady the procedure for cleaning up after the animals; Mr. Boorady said that it is immediate, He said that once the dog is walked it is picked up immediately. Mr. Bullock asked Mr. Boorady the age of the house that is being removed; Mr. Boorady said that it was built in 1930 or 1940 and that it is roughly 75 years old. Mr. Bullock asked Mr. Boorady if they have considered putting a fence higher than 6’ along the back of the property; Mr. Boorady said no because they are also putting tall evergreen trees along the back of the property. Mr. Neuer asked if the “pretty side” of the fence will face out; Mr. Boorady said the fence is the same on both sides. Chairwoman Gabry said that she did not see a gate on the fenced in area on the plans and asked Mr. Boorady if there was a gate, Mr. Boorady said there is a gate being proposed on the right side of the addition. Chairwoman Gabry asked Mr. Boorady where the gate is on the plans; Mr. Boorady said that it is on the architectural plans. Chairwoman Gabry asked Mr. Boorady what type of lock is on the gate; Mr. Boorady said they are proposing a pull latch on the gate but they can make it self-closing if the Board prefers. Mr. Bootady presented the Landscape Plan. Chairwoman Gabry noted for the record that the Landscape Plan with a revision date of 6/28/13 was pre-marked as Exhibit A-2 for identification. Mr. Boorady began detailing what is being proposed. He said that they will be installing a 6” high board on board fence along the back property line along with 6’ high arborvitaes trees. Mr. Boorady said they will also be adding trees

s being proposed. He said that they will be installing a 6” high board on board fence along the back property line along with 6’ high arborvitaes trees. Mr. Boorady said they will also be adding trees along the west side of the property and adding spruce trees around the dumpster. He said that the arborvitaes will be planted on a straight line and will be deer resistant. Mr. Boorady said that they are proposing additional landscaping in the second parking area i.e. planting holly bushes (dragon ladies), Fat Albert spruce trees and other shrub varieties. He said that they will also be planting shrubs, rose bushes and more hotly bushes in the front of the property.

Mr. Williams asked Mr. Boorady what the hours of operation for the hospital will be. Mr. Boorady said they wil! be open Monday and Thursday from 8am—7 pm; Tuesday from 8am — Spm; Wednesday from 8am-3pm; Friday and Saturday from 8am-1pm. Mr. Boorady presented the Lighting Plan and began detailing what is being proposed. He said that they have agreed to reduce the wattage and tower the height of the light poles per Omland Engineering’s request. Mr. Neuer asked Mr. Boorady to state the new proposed height of the light poles; Mr. Boorady said 12 feet high. Mr. Neuer asked Mr. Boorady how many additional light poles they are going to add; Mr. Boorady said two or three. Mr. Boorady said that all of the lights will be directed downward and there will be no bleed-out. Mr. Boorady said that there will be three upside-down wall sconces on the building. Mr. Boorady said they are proposing a gaslight style light fixture in the front of the building. He said the bulb will be in the hood of the fixture. Mr. Boorady said that all of the lights will be on a timer and will be turned off at 10pm. He said that the security lights, located on the building, wil! be left on. Mr. Russo referred to comment #5 on the Omland Engineering report, dated July 12, 2013, and asked Mr. Boorady if there is a basement in the existing building; Mr. Boorady replied yes. Mr. Russo asked if all of the floors and walls in the basement will be removed; Mr. Boorady replied yes. Mr. Russo asked Mr. Boorady if that void will be filled with stone or porous material; Mr. Boorady replied yes. Mr. Russo stated that his concern is that the building is close to the neighboring resident and as long as they are filling the void in the basement with a porous material then it is alright. He said that replacing the void in the basement with a porous material should be included in the plan or as a condition. Mr. Russo asked Mr. Boorady if there was anything else in Omland’s report dated July 12, 2013 that they do not agree with; Mr. Boorady said that they agree with everything in that report. Mr. Neuer asked Mr. Russo if there is a concern with the dog feces and the run-off. Mr. Russo said that the applicant stated that there will not be any increase in the intensity of the use. He said there have not been any prior complaints so he is not concerned. Mr. Neuer stated that he is concerned about the