October 28, 2013

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING OCTOBER 28, 2013 8:00 P.M. The West Orange Zoning Board of Adjustment held a special meeting on October 28, 2013 commencing 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairwoman Gabry 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 October 18, 2013 in accordance with the “Open Public Meetings Act.” Chairwoman Gabry asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: B. Buechler, G. Bullock, D. Gabry, W. Merklinger, B. Quentzel, M. Sussman, A. Weiss ABSENT: P. Neuer (excused) W. Steinhart (excused) ALSO PRESENT: Paul Grygiel, Consulting Planner F, Russo, Consulting Engineer Board Attorney, Alice Beirne, Esq. Board Secretary, Rose DeSena H. Grossman, Public Advocate D, Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: November 21, 2013 (Regular Meeting) — 8:00 PM December 19, 2013 (Regular Meeting) — 8:00 PM January 16, 2014 (Regular Meeting) — 8:00 PM

DISCUSSION Chairwoman Gabry asked for a motion to adopt the West Orange Zoning Board of Adjustment regular meeting schedule for 2014. Mr. Buechler made a motion to adopt the 2014 West Orange Zoning Board of Adjustment regular meeting schedule for 2014; Mr. Sussman seconded the motion and all were in favor. Chairwoman Gabry stated that next on the agenda is an interpretation that was carried over from the last meeting held on October 17, 2013. She said that she was not present at this mecting and it was chaired by Vice Chairman Buechler. Chairwoman Gabry turned the meeting over to Vice Chairman Buechler. Vice Chairman Buechler stated that the Board was asked to interpret if a Fitness Center/Gym was defined as a personal service store or as a separate use in a P-C zone because there was no language regarding this in Chapter 25-4 of the Township Ordinance. He said that the Board required additional information and the discussion was tabled and carried over to this meeting. Vice Chairman Buechler said that since the meeting, Robert Williams, Esq., Paul Grygiel and Alice Beirne provided the Board members with additional information, He said that Mr. Williams’ client is proposing to establish a health club in one of the empty spaces in the K-Mart Plaza and has provided the Board with information from the Moscowitz and Lindbloom book clearly stating that a health club is classified as a personal service. Vice Chairman Buechler said that there was a gym in the K-Mart Plaza at one time but there is no record of any Zoning Board approval for it to go there. Vice Chairman Buechler said that the Township’s Zoning Official has also provided the Board with types of personal services that were previously approved in the P-C zone; tailors, beauty shops, nail salons, dry cleaners, barbershops and a yoga studio. Vice Chairman Buechler suggested that the Board interpret the ordinance to permit a health club/gym/fitness center in a P-C zone. He said that parking issues and massages would be separate issues. Mr. Bullock stated that he agrees with what was discussed and requests a revision to the Township ordinance addressing health clubs. Mr. Sussman said that he also agrees with all of the comments so far and that a fitness center in a shopping center is very common. Mr. Quentzel said that this is strictly an interpretation and the Board should handle it as such

agrees with all of the comments so far and that a fitness center in a shopping center is very common. Mr. Quentzel said that this is strictly an interpretation and the Board should handle it as such and not include Mr. William’s client in this discussion. Vice Chairman Buechler made a motion that the Board approve a resolution that addresses the Township Zoning Official’s question regarding Chapter 25-4 defining a personal service, to include a Fitness Center/Health Club/Gym in a P-C zone as a personal service store/studio. Mr. Sussman seconded the motion.

The vote was as follows: Buechler: Yes Steinhart: - Bullock: Yes Sussman: Yes Merklinger: Yes Weiss: Yes Neuer: - Chairwoman Gabry: - Quentzel: Yes SWEARING IN Consulting Engineer, Frank Russo and Consulting Planner for the Township, Paul Grygiel were sworn under oath. Chairwoman Gabry resumed her position as Chair of the meeting. RESOLUTIONS 1. ZB-13-07/Golda Och Academy Approved 10/17/13 Block: 79; Lot: 21; Zone: R-4 Amended Preliminary and Final Site Plan Eliminate Condition #3 of resolution dated 12/8/11 Ms. Beirne stated that she highlighted a change in a condition that was suggested by Mr. Neuer and said that she approved it. Chairwoman Gabry asked if any of the Board members had any other comments regarding the resolution; seeing none Chairwoman Gabry asked for a motion to approve. Mr. Sussman made a motion to approve the resolution with the revisions; Mr. Bullock seconded the motion. The vote was as follows: Buechiler: Recused Steinhart: - Bullock: Yes Sussman: Yes Merkiinger: - Weiss: - Neuer: - Chairwoman Gabry: - Quentzel: Yes It was noted for the record that Ms. Weiss and Chairwoman Gabry were present but did not vote and Mr, Buechler was recused.

APPLICATIONS 1. ZB-13-03/Prism Green Assoc. UI, LLC Carried from 10/17/13 Block: 155; Lot: 26.03; Zone: O-R Rooney Circle “D” use variance and “C” variances to construct a fitness center. EXHIBITS Exhibit A-6a - Photo Exhibit A-6b —Photo Exhibit A-6c¢ — Photo Exhibit A-6d — Photo Exhibit A-6e - Photo Exhibit A-7 -- Aerial Photo Frank Regan, Esq., attorney for the applicant, approached the podium. Mr. Regan stated that he will address the issues from last month’s meeting. He said that there was a question regarding the height of the adjacent building being compared to the height of the fitness center’s proposed height of 60’. He said that the Architect is here to testify that the adjacent building is 52° high. Mr. Regan stated that at the last meeting the Board required that Mr. Sparone, who testified as the applicant’s expert in Engineering, sign the site plans and have them submitted to the Planning Department before this meeting. Mr. Bucechler asked Mr. Regan if the plans were re-submitted to the Planning Department; he replied yes and said that he delivered them himself. Lance Blake approached the podium. Chairwoman Gabry said that Mr. Blake will continue under oath as an expert in Architecture. Mr. Blake stated that he is confirming that the building height on the adjoining lot is 52’. Chairwoman Gabry asked Mr. Blake if just the center cornice of the proposed building will be 60° high; he replied yes. He said that the height of the rest of the building will be approximately 46-48". Mr. Regan asked Mr. Blake to address the height of the letters on the signs on the building. Mr. Blake said the letters on the sign on the front of building are 5’ tall and the letters on the sign on the side of the building are 4’ tall. He said that all the lettering will comply with the size that is permitted by the Township’s ordinance. Mr. Blake stated that there are sixteen (16) L.A. Fitness Centers in the State of New Jersey and that the majority of them are two story buildings. He said that all of the L.A. Fitness Centers have the “crown” feature that is described as a cornice. Mr. Blake presented photos of other L.A. Fitness Centers. He said that he printed them from the internet and that all of them show the 4

cornice on the buildings, Chairwoman Gabry asked to have the photos marked as Exhibits A-6a, A-6b, A-6c, A-6d and A-6e for identification. Mr. Blake stated that the lot size and the size of the building determine if the building will be one or two stories. He said that this particular L.A. Fitness on Rooney Circle is a two story building because they needed the parking. Mr. Blake said that the cornice is consistent with the size of the building and is a signature feature on all of the L.A. Fitness buildings. Mr. Buechler asked Mr. Blake what hours the illuminated signs will be lit and if they found out how long the illuminated signs are on in the Essex Green Plaza. Mr. Blake said that the signs in the Essex Green Plaza are on 24/7. Mr. Buechler asked Mr. Blake if he witnessed them being on 24/7; he replied no and said that is what he was told. Mr. Bullock referred to the photos and asked which of these L.A. Fitness Centers are in New Jersey; Mr. Blake said that he did not know. He said that he just wanted the Board to see what all of them look like. Ms. Weiss advised Mr. Regan to call Shop Rite in Essex Green and ask them if their lights are on all night; Mr. Regan said he will find out. There were no further questions for Mr. Blake from the Board of the Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Blake; seeing none Mr, Regan called his next witness. Joseph Sparone approached the podium. Chairwoman Gabry said that Mr. Sparone will continue under oath as an expert in Engineering. Mr. Sparone stated that there was a question at the last meeting regarding the height of the light poles. He said that the light poles in the Essex Green Plaza are 30” high and the light poles in the adjacent office building parking lot are 25’ high. Chairwoman Gabry asked Mr. Sparone how high the existing light poles on the actual site along Rooney Circle are; he said that he did not know but would measure them. Mr. Sparone said that the one light pole in the middle of the site is 25’ high. Mr. Sparone stated that the lights will remain on all night long for security reasons. Mr. Buechler asked Mr. Sparone if every light in Essex Green Plaza is on all night long; Mr. Sparone said that he did not know. Mr. Regan said that he will have an answer for the Board as to how long the lights remain on in the Essex Green

light in Essex Green Plaza is on all night long; Mr. Sparone said that he did not know. Mr. Regan said that he will have an answer for the Board as to how long the lights remain on in the Essex Green Plaza. Mr. Quentzel asked Mr. Sparone what type of lighting they are proposing; he said it will be the same lights that are out there today.

Mr. Buechler asked Mr. Sparone if he signed the site plans; he replied yes. Mr. Buechler asked Mr. Sparone if they were submitted to the Planning Department; he replied yes. Chairwoman Gabry asked Mr. Regan what the specific hours of operation will be; he replied 6am to 12am but may possibly open as early as 5am. Mr. Regan said that the applicant will confirm the hours of operation. Mr. Regan stated that the applicant will comply with the Township’s Fire Code Official and Engineer’s recommendations. He said that if the Board approves the application, they will change the plans to comply. Mr. Buechler said that before the resolution is adopted the applicant must have the plans in at least ten (10) days before the next meeting so that the Engineer can review the plans. Mr. Bullock stated that many of the businesses in the Essex Green Plaza have security lighting but it is turned off at a certain time. He said that he is worried about their lights being on all night long and that it will not comply with what Essex Green Plaza does. Mr. Sparone stated that they are proposing to keep their lights on for security reasons. Chairwoman Gabry asked if the existing light poles on the site are staying or will they be replacing them with box lights. Mr. Sparone said that they will be replaced and the poles will be 25° high. Chairwoman Gabry asked Mr. Sparone if the light poles should be lower than 25’ because the actual site is at a higher grade; Mr. Sparone said that the site is almost even to the adjacent site and that there is not a huge elevation difference between the two. Mr. Grygiel stated that is no data regarding the grade for the proposed site. He said that Rooney Circle slopes down but the parking area of the site is flat and the street elevation is higher so it is basically a wash. Mr. Regan asked Mr. Sparone if it was possible to go with a lower pole based on the design; Mr. Sparone said that he would have to look at it but they could not have anything lower than a 20° high light pole. Mr. Buechler said that, as a rule, the Board likes the lights to be between 18” to 20° for general developments. Mr. Grossman asked Mr. Sparone if they have some type of independent backup power in case of a local blackout; Mr. Sparone said that he did not know because that is an operational issue. ‘There were no further questions for Mr. Sparone from the Board or

of independent backup power in case of a local blackout; Mr. Sparone said that he did not know because that is an operational issue. ‘There were no further questions for Mr. Sparone from the Board or the Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Sparone; seeing none.

Mr. Sussman asked Mr. Regan if he is going to have a witness testifying to the operational issues; Mr. Regan said that, based on the plans, there is no proposal for any emergency power backup. He said that whatever the code requires the applicant will comply. Mr. Regan stated that, other than talking to the tenants, they cannot confirm if the lights are on 24/7 in the Essex Green Plaza unless they personally sit there all night long. Mr. Regan called his next witness. Craig W. Peregoy approached the podium and was sworn under oath. Mr. Peregoy detailed his educational and professional background as a licensed Professional Engineer in the State of New Jersey. He said that he is also a licensed Professional Traffic Engineer and has testified before many Boards on similar projects. Chairwoman Gabry accepted Mr. Peregoy as an expert in traffic engineering. Mr. Peregoy stated that he personally took counts at the site between the hours of 7am — 9am, 4 pm — 6 pm and on the Saturday shopping hours of 12 pm —2 pm. He said that he collected a lot of data over the past 3 ~- 4 years and his analysis is based on the peak hours. Mr. Peregoy stated that Rooney Circle operates at a Level of Service D and Marion Drive at a Level of Service C. He said that the proposed traffic that the fitness center will generate during the morning peak hours will be 68 trips, 171 trips during the evening hours and 132 trips on a Saturday. Mr. Peregoy said that the projected traffic generated would be 466 trips and that included traffic for the adjoining office building. Mr. Peregoy said that he took an analysis for both the fitness center going in and the fitness center not going in and it still operated at a Level of Service D. He said that his Traffic Impact Analysis determined that there will be no impact on the site. Ms. Weiss asked Mr. Peregoy how many cars utilize Marion Drive; Mr. Peregoy said that the traffic is much heavier along Prospect Avenue and there were approximately 100 — 200 vehicles leaving Marion Drive. Mr. Quentzel asked Mr. Peregoy if one way in and one way out of the driveway is enough for the site; he replied yes. He said that the adjoining office building also has an access driveway. Mr. Buechler asked Mr. Peregoy if he saw any problem with the proposed traffic circulation pattern under the building; he replied no. There were no further questions for Mr.