October 28, 2013

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. Peregoy from the Board or the Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Peregoy; seeing none Mr. Regan called his next witness. Joseph H. Burgis approached the podium and was sworn under oath. Mr. Burgis detailed his educational and professional background as a Professional Planner licensed in the State of New

Jersey. He stated that he has testified before this Zoning Board many times. Chairwoman Gabry accepted Mr. Burgis as an expert in Professional Planning. Mr. Buechler asked Mr. Burgis if his August 27, 2013 report supersedes the April report; he replied yes. Mr. Burgis stated that he is going to focus on the Township’s 1989 Master Plan, the 2004 Master Plan Reexamination Report, the 2010 Master Plan update and the criteria. Mz. Burgis referred to page 6 of his report and presented a larger aerial photo of the site. Chairwoman Gabry asked to have the aerial photo marked as Exhibit A-7 for identification. Mr. Buechier asked Mr. Burgis if this was the same photo on page 6 from his report; Mr. Burgis replied yes. He said that the Exhibit shows a little more of the photo then the one in his report. Mr. Burgis said that it was slightly altered to fit on the page. He said that the photo was taken from Google and that he marked the boundary around the property. Mr. Burgis detailed the site noting that it does not have any frontage on Rooncy Circle. He said that there is an access easement from the adjacent property through a 10’ strip of land. Mr. Burgis detailed the surrounding area and the other uses in the area. He said that the proposed use of a fitness center feeds off of the other uses in the area. Mr, Burgis detailed the proposed building coverage and the building height. He said that the applicant is proposing 199 onsite parking spaces plus 30 offsite parking spaces. Mr. Burgis said that this is consistent with the Township’s Master Plan, serves the purpose identified in the Master Plans and maintains a balance of land uses in the 2010 re-exam. Mr. Burgis stated that the fitness center is not a permitted use in the O-R zone and requires a “D” variance. He said that they also require a “D” variance for the building height. Mr. Burgis stated that the applicant is secking bulk variances for lot area, building setbacks, building and impervious coverage, parking setback, number of parking and loading spaces, parking on an adjoining fot, steep slope disturbance and signage. Mr. Burgis listed the special reasons that support and justify this use and stated that the use fits in. He detailed the negative and positive criteria and said that granting these variances will not result in any substantial detriment to the area. Mr. Burgis said that the added

ed that the use fits in. He detailed the negative and positive criteria and said that granting these variances will not result in any substantial detriment to the area. Mr. Burgis said that the added height of the building does not affect the area adversely; he said that it screens the unsightly Public Service sub-station facility behind the site. Mr. Burgis stated that the applicant is proposing a 345 sq. feet sign and a 220 sq. ft. and only one sign is permitted. Mr. Buechler asked Mr. Burgis if the applicant is considering a free standing sign on Prospect Avenue; he said that he does not know.

Mr. Buechler asked Mr. Burgis how they will deal with deliveries because no loading dock is being proposed. He asked if the deliveries will be made through the front door; Mr. Burgis said yes. He said that these facilities do not have tractor trailers making deliveries that they use step vans. Mr. Russo stated that there was testimony at the last meeting that step vans are used for their deliveries. Mr. Buechler said that they testified to box trucks making their deliveries; not step vans. He said that box trucks could vary in size and some are very large. Chairwoman Gabry referred to Mr. Burgis’ report and said that it refers to the strip of land as 5” and not 10’. Mr. Regan stated, for the record, that the strip of land is 10’. Mr, Russo referred to #13 of the Omland Engineering review dated May 21, 2013 regarding the solid waste enclosure as an accessory structure. He asked Mr. Burgis to verify that it does not require any setback relief. Mr. Burgis stated that the solid waste structure has the 5’ required setback and it does not need a variance. Mr. Bullock asked Mr. Burgis if they could reduce the sq. footage of the large 345 sq. ft. sign. Mr. Burgis said that that it is important to note the relationship of the sign to the size of the wall itis on. He said that signs do not look appropriate on the wall if you drop down the size. Mr. Grygiel stated that Mr. Burgis raised a valid point. He said that the Township ordinance does not account for building size and he thinks that the size of the sign is appropriate here for visibility. Mr. Buechler asked how many deliveries they are anticipating a week; Mr, Burgis replied one and based his answer on his experience with other fitness centers. Mr. Buechler asked Mr, Burgis if the other health clubs he has experience with have swimming pools; he replied no. Mr. Buechler said that he feels that health clubs that have swimming pools require more maintenance and have more deliveries per week. There were no further questions from the Board of the Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Burgis; secing none. Chairwoman Gabry called for a recess at 9:39 pm. Chairwoman Gabry resumed the meeting at 9:50 pm Mr. Regan stated that he has no more witnesses and made his closing comments. Chairwoman Gabry asked if any members of the public had any comments;

m. Chairwoman Gabry resumed the meeting at 9:50 pm Mr. Regan stated that he has no more witnesses and made his closing comments. Chairwoman Gabry asked if any members of the public had any comments; seeing none Chairwoman Gabry closed the public meeting.

Chairwoman Gabry asked the Board members if they had any comments. Mr. Merklinger stated that the site is vacant and that it is an excellent location for the fitness center. He recommended that the Board vote in favor of the application. Mr. Bullock said that this is an overall good application and is a good addition to the Essex Green Plaza. He said that he has some concerns regarding the lighting and the signage but supports it. Mr. Sussman said that he agrees with Mr. Bullock and thinks it is an overall good application. He said that the site is well suited for this use and it is consistent with a shopping center. Mr. Sussman said that he has some concerns with the lighting but he is satisfied and supports it. Ms. Weiss said that she agrees with her fellow Board members. She said that she normally hates large signs but realizes that it is necessary. Mr. Weiss said that if other Board members have a concern about the lighting they should bring it up and have the applicant address the concerns. She said that she is in support of the application. Mr. Quentzel said that the lighting should be consistent with the neighbors’ lighting and that he has no problem with the lights being on 24/7 because there are no neighbors to bother. He said that it is a great site for this use and he is in favor. Mr. Buechler said that the applicant met the criteria for the “C” and “D” variances but he recommends restrictions. He recommended that they limit deliveries between the hours of 9 a.m. and 5 p.m. Ms. Weiss stated that she is not in favor of putting a limit on the time of deliveries. Mr, Buechler said that this Board has done that before especially where a truck has limited space to drive through. Mr. Buechler said that before the Board does vote he would like to know that the exact hours of operation are; Mr. Regan said 5 a.m, to 12 am. Mr. Buechler said that there will be no food service on site, the transformer must be screened. according to PSE&G regulations and the lights turned off, or at least 1/3 of the lights turned off, by 12:30 am. He said that he recommends that they do not burn all night long in order to conserve energy. Mr. Buechler asked Mr. Grygiel if the chain link fence with slats in it is sufficient for around the dumpster; he said that was fine. Mr. Buechler stated that the applicant’s request to waive the digitizing fee for the plans

ygiel if the chain link fence with slats in it is sufficient for around the dumpster; he said that was fine. Mr. Buechler stated that the applicant’s request to waive the digitizing fee for the plans is approved per Mr. Grygiel, as long as they submit the final plans digitized according to the Township’s specifications. Mr. Buechler said that all of the revised plans must be submitted ten (10) days prior to the resolution being adopted at the December meeting. 10

Mr. Regan said that he may have concerns about limiting the hours of delivery between. 9 a.m. and 5 p.m. because those are the peak hours. Mr. Buechler referred to the fire escape leading down stairs to the emergency stairwell and asked the applicant if they could put a door there as an alternative means of egress; the applicant agreed. Mr. Regan said that there is a door on the side of the building near the electrical room that they would propose as an alternative means for deliveries. He said that it would not be for all deliveries; it would just be another means for deliveries. Mr. Merklinger asked Mr. Buechler if he is saying that they cannot have any deliveries before 9 a.m. when they open at 5 a.m.? He said that he is suggesting that deliveries are made at the side door during peak hours. Mr. Buechler said that he will recommend deliveries made between 7 a.m. and 9 a.m. are made in the side door and deliveries made between 5 p.m. and 8 p.m. are in the side door. Mr. Grygiel wanted to clarify and said that his testimony was that there is no requirement in the Township ordinance for a gym to have three loading spaces. Ms. Weiss said that she does not feel it is necessary to restrict the time of deliveries. Mr. Quenizel asked Mr. Regan if they have a specific number of deliveries; he replied no. Mr. Regan said that no other L.A. Fitness Center requires loading spaces. Mr. Diaz approached and asked if he could ask a question; Mr. Buechler replicd no and said that the meeting is closed. Ms. Beirne said to have a straw vote regarding limiting the times of deliveries as a condition. Ms. Weiss voted no to limit the times of deliveries as a condition. Mr. Quentzel voted no to limit the times of deliveries as a condition. Mr. Merklinger voted not to restrict the size of the truck or to limit the times of deliveries as a condition. Mr. Bullock said no to restricting the size of the truck or to limit the times of deliveries. Mr. Sussman voted no to restrict the size of the truck and yes to limit the time of the deliveries. Ms. Gabry voted no to restrict the size of the truck and yes to regulate the time of deliveries. 11

Ms. Beirne said that the vote is in favor of no restrictions regarding the time of deliveries or the size of the delivery truck. Chairwoman Gabry stated that she is in favor of the application but is less than impressed with some of the witnesses. Chairwoman Gabry asked for a motion from the Board. Ms Weiss made a motion to approve Zoning Board application ZB-13-03 with conditions suggested by Mr. Buechier; Mr. Bullock seconded the motion. The vote was as follows: Buechler: No Steinhart: - Bullock: Yes Sussman: Yes Merklinger: Yes Weiss: Yes Neuer: - Chairwoman Gabry: Yes Quentzel: Yes ‘The meeting was adjourned 10:46 pm Adopted: November 21, 2013 oolfy Cc Rose DeSena Zoning Board Secretary 12