November 17, 2011

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING November 17, 2011 The West Orange Zoning Board of Adjustment held a regular meeting on November 17, 2011 at 8:00 PM at 66 Main Street, West Orange, NJ in Council Chambers. Chairman Philip Neuer called the meeting to order at approximately 8:07 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 December 17, 2010 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: Bruce Buechler, Deborah Gabry, Philip Neuer, Bart Quentzel, William Steinhart, Mark Sussman, Alice Weiss ABSENT: Gregory Bullock (excused absence) ALSO PRESENT: Susan Borg, A.I.C.P., P.P., A.I.A. Eric Heller, Consulting Engineer Harvey Grossman, Public Advocate Board Attorney: Alice Beirne, Esq. Board Secretary, Rose DeSena ANNOUNCEMENTS Future Meetings: December 8, 2011 (Regular Meeting) – 8:00 P.M. January 19, 2012 (Regular Meeting) – 8:00 P.M. ZB-11-15/GigaBeam – Applicant has requested to be carried to 1/19/12 meeting. Chairman Neuer announced that the Mayor has appointed a new Zoning Board member and wanted to welcome Dr. Sack’s to the Board. Ms. Borg explained that the Town Council will make it official after the Council meeting on Tuesday November 22nd. MINUTES Adopt Minutes: October 27, 2011 regular meeting Ms. Gabry made a motion to adopt. Mr. Steinhart seconded. All were in favor. 1

Adopt Minutes: November 10, 2011 Golda Och special meeting Mr. Sussman made a motion to adopt. Mr. Steinhart seconded. All were in favor. SWEARING IN Township Professionals, Planning Director Susan Borg and Township Consulting Engineer Eric Keller were sworn under oath. DISCUSSION Cambria Suites Mr. Steinhart recused himself. Thomas Trautner, Esq. approached the podium and stated that he was there on behalf of Cambria Suites. He said that there are still issues regarding the land swap and they are requesting an additional three month extension. Mr. Trautner said the reason for this is because RX Realty informed them that the individuals who were handling the refinance for the lender no longer worked there and they were in the process of bringing the new people up to speed. RX Realty also told them that they anticipated closing on the refinancing at the end of the year. Mr. Trautner said that they are optimistic but if they anticipate a problem, the Board is aware of their backup plan. Ms. Gabry asked Mr. Trautner if there was a commitment issue and he replied that he is not aware of one but he will find out and relay that information back to the Board. Mr. Trautner stated that the lenders are targeting the end of the year but his client just wanted to be safe and they feel that three months is an appropriate request. Ms. Beirne noted the language in the resolution. She said that they were granted a 90 day extension after which time, if additional time is requested, a formal application for additional time is required. Ms. Beirne also stated that the resolution date is August 18, 2011 and the 90 day extension is up tomorrow. Chairman Neuer asked Mr. Trautner if he wanted to amend the application and Mr. Trautner said yes. Ms. Beirne informed Chairman Neuer that he has the power, as Chairman, to grant the extension. She stated that the Board would have to amend the prior resolution to amend the application for another 90 day extension. Ms. Weiss stated that the applicant has been on time with all of their monthly reports. Mr. Quentzel asked for a motion to amend the resolution. Ms. Gabry made a motion to amend the resolution and Mr. Sussman seconded. Vote was as follows: Buechler: - Bullock: - Gabry: Yes Quentzel: Yes Steinhart: Recused Sussman: Yes Weiss: Yes Chairman Neuer: Yes 2

They will extend to February 17, 2012. Chairman Neuer stated that the Zoning Board of Adjustment meeting is February 16, 2012 and the Board will require a 30 day notice if they encounter a problem. The Chairman also stated that they must continue submitting their monthly report to the Board letting them know where they are at. The Board wants to know when confirmation of a mortgage commitment is in place. APPLICATIONS 1. ZB-11-10/Golda Och Academy CARRIED FROM 11/10/11 Block: 79; Lot: 21; Zone: R-4 122 Gregory Avenue Proposed building addition, redesigned parking and traffic patterns with “D” and “C” variance EXHIBITS A-9 Lighting Plan (Drawing 6A, revised 11/14/11) A-10 Hamal Assoc. Report dated 4/25/11 A-11 Hamal Assoc. Report dated 9/9/11 A-12 Hamal Assoc. Report dated 10/13/11 DISCUSSION Joseph Vena, Esq., attorney for the applicant, approached the podium and stated that Golda Och’s traffic expert will be testifying this evening. He also said that Anthony Guzzo, architect for the applicant, will explain the revised lighting plan that was submitted to the Board on Monday. Anthony Guzzo, architect for the applicant, approached the podium. Chairman Neuer stated that Mr. Guzzo had been previously sworn under oath at the last meeting and asked if he wanted to continue under oath. Mr. Guzzo replied he would. Chairman Neuer asked Mr. Guzzo if his architect license has been suspended since the last time he testified and Mr. Guzzo replied no. Mr. Vena stated that Mr. Guzzo’s testimony will relate to the lighting plan furnished to the town on Monday, November 14th. He said that changes were made after Mr. Keller reviewed it and made his recommendations on November 17th. Mr. Vena stated that the lighting plan was then re-submitted to Mr. Keller earlier today. Chairman asked to have the lighting plan marked for Exhibit. Chairman Neuer stated that the ten day rule was waved for re-submitting the plans in order to get this issue behind us. He said to mark the lighting plan as Exhibit A-9 for identification. Mr. Vena asked Mr. Guzzo to address the points on Mr. Keller’s last letter. Chairman Neuer asked Mr. Guzzo if this plan supersedes Exhibit A-6. Mr. Guzzo said no that this is the lighting plan that was submitted by Kevin Page to Mr. Keller. 3

Mr. Keller said to ignore the technical review letter #3 that he prepared for the plan that they sent him on Monday, November 14th. He said that his technical review letter #3A is for the plan that they submitted today, November 17th. Chairman Neuer asked Mr. Guzzo to address item numbers 1-10 on Mr. Keller’s technical review letter #3A. Mr. Guzzo addressed item #1 regarding the light fixture pole mounted at the north east corner. He said that if they were to move or relocate the fixture it would create a worse situation. Mr. Guzzo said that they will adjust and reduce the light levels and spillage. Mr. Keller was satisfied with Mr. Guzzo’s comment. Chairman Neuer stated that one of the conditions will be in response to item #1 of Mr. Keller’s technical review #3A in which they will have to put outside shields on the light fixture so it doesn’t spill on other properties. Mr. Guzzo addressed item #2 regarding light on the stairs for safety concerns. He said that the low light levels on the stairs are sufficient and not that low. Mr. Guzzo stated that they could add recessed step lighting or low lighting in the side walls to illuminate the stairs. Chairman Neuer stated it will be one of the conditions. Mr. Guzzo addressed item #3 regarding the lighting that will remain on from dawn to dusk. He said that they will coordinate that with the police department. Chairman Neuer stated that this will be a condition. Mr. Keller was satisfied. Mr. Guzzo addressed item #4 regarding the floodlights at the roof line. He stated that they will install wall sconces no higher than 16’ and pointed downward. Chairman Neuer stated that this will be a condition. Mr. Guzzo addressed item #5 regarding lower wattage. He stated that Mr. Keller wants to see foot candles. Mr. Guzzo stated that, subject to Mr. Keller’s approval, all wall mounted sconces wattage and bulbs reduces from 150 to 100 watts. Mr. Guzzo addressed item #6 regarding Mr. Keller not seeing a light over the door to the lower level of the building located on the Northfield Avenue side. Mr. Guzzo stated that there is a portion of the building that jets out and there are lights in there. Mr. Keller was satisfied. Mr. Guzzo addressed item #7 regarding the wattage of the bollards and clarification of the height. He stated that the bulbs will be 34 watt and they will be 36” high. Mr. Keller was satisfied and it was made a

addressed item #7 regarding the wattage of the bollards and clarification of the height. He stated that the bulbs will be 34 watt and they will be 36” high. Mr. Keller was satisfied and it was made a condition. Mr. Guzzo addressed item #8 regarding removing all of the existing floodlights on the building. He stated that they are agreeing to remove them and the final plans, which will be submitted for signature, will reflect that they have been removed. Mr. Guzzo addressed item #9 regarding the type, location and wattage of any lighting on the proposed monument sign and details of the fixture. He stated that it will be 28 watts, as stated on the plans. Mr. Guzzo also stated that the light fixture will be an up-light that will shine up at the 4

sign. Mr. Keller stated the 28 watts will adequately illuminate the sign and not spill out to the neighborhood. Chairman Neuer stated that it will be set as a condition. Mr. Guzzo addressed item #10 regarding additional lights for the signs on the south and north elevations. He stated that they will add more lights there. Mr. Keller stated that they will need four more which will be a total of six on the south elevation. He stated that they must revise the plans and it will be made a condition. Mr. Guzzo was finished with his testimony. There were no questions for Mr. Guzzo from the Board. Chairman Neuer asked if there were any members of the public that had questions for Mr. Guzzo. Shreeram Devre approached the podium and stated he lived at 119 Gregory Avenue. He asked Mr. Guzzo what type of pole mounted light they were proposing. Mr. Guzzo stated that they will be LED lights with a much warmer tone. Mario Portilla approached the podium and stated that he lived at 3 Ardmore Road. He asked Mr. Guzzo how high the retaining wall on the west slope was going to be. Mr. Guzzo replied it would be 16’ above the ground. Mr. Portilla stated that his concern was that his view of New York would be blocked by the new structure. Chairman Neuer told Mr. Portilla that if he had a question regarding his view that he should speak to Mr. Guzzo after the meeting. He told Mr. Portilla that his questions should be limited to only what Mr. Guzzo was testifying to this evening. There were no more questions for Mr. Guzzo. Mr. Vena called his next witness. Harold K. Maltz approached the podium and was sworn under oath. Mr. Maltz listed his credentials as a professional engineer licensed in the States of New Jersey, New York, Connecticut and Pennsylvania. He also stated that he is specialized in traffic engineering. Chairman Neuer asked Mr. Maltz if he has worked on projects concerning similar scopes and has he ever testified before this Board before. Mr. Maltz replied yes to both. Chairman Neuer accepted his credentials as an expert in the field of traffic engineering. Chairman Neuer asked Mr. Maltz if he had prepared any other traffic reports other than the April 25 and September 9th, 2011 that were submitted to the Board. Mr. Maltz stated that he also submitted a report dated October 13th. Chairman Neuer asked that Mr. Maltz’s reports marked as Exhibits A-10, A-11 and A-12. Mr.

h, 2011 that were submitted to the Board. Mr. Maltz stated that he also submitted a report dated October 13th. Chairman Neuer asked that Mr. Maltz’s reports marked as Exhibits A-10, A-11 and A-12. Mr. Vena asked Mr. Maltz if he had reviewed the application regarding the traffic circulation and parking. Mr. Maltz replied that he did and stated that he was also the engineer of the previous application that was approved. He said that this application reduces the expansion and proposes a new traffic circulation pattern. 5

Mr. Maltz stated what he observed, the day he was at the site, and detailed different scenarios at different times during that day that were included in his reports. He explained how many cars he saw queuing up on Gregory Avenue and noted that the afternoon pick-up seemed to be more of an issue than the morning drop-off. Mr. Maltz continued by detailing the new proposed traffic circulation pattern. He explained that, even with the potential increase of student population, there will not be any serious effect on the queuing of cars and went on to detail the new numbers. Mr. Maltz stated that this pattern will also eliminate the spilling over of the cars onto Gregory Avenue. Mr. Maltz explained that the widening of Gregory Avenue and the driveway on Gregory Avenue will accommodate the buses entering into that driveway now. He said that the straight drive thru pattern for them, where they enter on Gregory and exit on Northfield Avenue, is much more efficient. Chairman Neuer asked Mr. Maltz if, in his opinion, the plan provides a safe and efficient egress and ingress and Mr. Maltz replied yes. Chairman Neuer also asked Mr. Maltz if, in his opinion, the plan is safer for pedestrians and Mr. Maltz replied yes. Mr. Quentzel questioned if emergency vehicles would have a problem getting in and out and Mr. Maltz replied no because they are widening the driveway area. Ms. Weiss stated that she has seen cars queued to the end of the driveway on many occasions. Mr. Keller questioned if they would be placing a left turn prohibited sign when exiting the Northfield Avenue driveway and Mr. Maltz stated that the sign is already there. There was also discussion about placing a sign, on site, noting the New Jersey State statute Title 39 regarding buses idling no more than three minutes. Mr. Grossman asked Mr. Maltz if they did a traffic count on Gregory and Northfield Avenues. Mr. Maltz replied they only did a traffic count at the Gregory Avenue driveway. Mr. Grossman asked if Mr. Maltz thought the ingress and egress should be supervised during student pick-up and drop-off on the County Roads. Mr. Maltz stated that, if he is talking about the intersection of Northfield and Gregory Avenue’s, there are police crossing guards and human supervision at that location. He said that only buses enter the Northfield Avenue driveway and there is no need for supervision there. Mr. Maltz

ry Avenue’s, there are police crossing guards and human supervision at that location. He said that only buses enter the Northfield Avenue driveway and there is no need for supervision there. Mr. Maltz stated that during the afternoon a school staff member supervises the traffic at the Gregory driveway. He said that this person helps regulate the flow of traffic in and out of the driveway. Mr. Grossman asked Mr. Maltz if that was in place now and if he thought that it should continue. Mr. Maltz replied yes to both. Chairman Neuer asked if they would accept a condition of traffic supervision and Mr. Vena replied yes. Chairman Neuer asked if any member of the public had a question for Mr. Maltz. 6

Mario Portilla approached the podium and stated again that he resided at 3 Ardmore Road. He asked Mr. Maltz if he noted the cars, going south bound on Gregory Avenue, turning left into the school driveway and asked if there were one or two lanes at that point. Mr. Maltz said that there is one lane until you get to the traffic signal at Northfield Avenue. Mr. Portilla asked if he thought cars had enough room to go around the car turning into the Gregory Avenue driveway. Mr. Maltz said that it seems to be right in the area where the road widens. He said that if a car was stopped to make a left turn they probably would have room to get by. Mr. Portilla stated that he has seen cars having to stop and wait and Mr. Maltz said that was probably not an unusual occurrence. Ifthikar Rehman approached the podium and stated that he lived at 1 Ardmore Road. He asked Mr. Maltz if he did a count of the cars on Ardmore Road in the morning. Mr. Maltz stated that he did not. Mr. Rehman stated that cars park in front of his house every morning. Chairman Neuer told Mr. Rehman that this is not the time for comments and he can comment at the end. Getachew Lemma approached the podium and stated that he lived at 6 Ardmore Road. He asked Mr. Maltz what they will be doing about the road behind the school going out to Northfield Avenue. Mr. Maltz stated that it is not a road; it is a driveway. He said the only difference is that the buses will not enter that driveway and have to make a k-turn to exit but they will enter the Gregory Avenue driveway and make a u-turn to exit on Northfield. Mr. Lemma asked Mr. Maltz if they are taking a portion of the playground area out. Mr. Maltz stated that the playground area will be paved for the buses to exit. Chairman Neuer stated that Mr. Maltz did not testify to that. Prathamesh Devre approached the podium and stated that he lives at 19 Gregory Avenue. He asked Mr. Maltz if his statistics were based on a one day study. Mr. Maltz replied yes. Mr. Devre asked Mr. Maltz if he thought one day was statistically enough time to base his decisions in his report. Mr. Maltz replied he did think it was enough time and said that he has been there many days; not just one day. Mr. Devre asked how many more cars does he think there will be with 325 students. Mr. Maltz replied up to thirteen. Chairman Neuer recessed at 9:36 pm and stated that when the Board