February 20, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING February 20, 2014 The West Orange Zoning Board of Adjustment held a regular meeting on February 20, 2014 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 November 21, 2013 in accordance with the “Qpen Public Meetings Act.” Chairwoman Gabry asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: G, Bullock, B. Buechler, D. Gabry, W. Merklinger, P, Neuer, B. Quentzel (8:05), W. Steinhart, M. Sussman ABSENT: A. Weiss (excused absence) ALSO PRESENT: Paul Grygiel, Consulting Planner [arrived at 8:35 PM] Eric Keller, Consulting Engineer Board Attorney, Alice Beirne, Esq. Board Secretary, Rose DeSena H. Grossman, Public Advocate D. Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: March 20, 2014 (Regular Meeting) ~ 8:00 PM April 17, 2014 (Regular Meeting) — 8:00 PM May 15, 2014 (Regular Meeting) — 8:00 PM e Chairwoman Gabry announced that application ZB-13-19/ Amanuel Ethiopian Orthodox Tewahedo Church, scheduled to be heard at this meeting, has requested to be carried to the next Zoning Board of Adjustment meeting to be held on March 20, 2014. No further notice will be given. ¢ Chairwoman Gabry announced that Greg Bullock was recognized at the West Orange Chamber of Commerce’s annual brealcfast in January as Citizen of the Year. She congratulated Mr, Bullock. All members of the Board joined in the congratulatory wishes.

MINUTES Adopt Minutes: January 16, 2014 (Regular Meeting) Chairwoman Gabry asked for a motion to approve the minutes from the regular Zoning Board meeting held on January 16, 2014 as submitted to the Board members. Mr. Bullock made a motion to approve the minutes; Mr. Steinhart seconded the motion and all were in favor. Chairwoman Gabry noted for the record that Mr. Buechler was not in attendance at the January 16, 2014 meeting and therefore did not vote. She also noted that Mr. Neuer was present at the January 16, 2014 meeting but was recused from hearing the Schinman application. SWEARING IN Consulting Engineer for the Township, Eric Keller wass sworn under oath. RESOLUTIONS 1. ZB-13-18/Schinman Approved 1/16/14 Block: 104; Lot: 10; Zone: R-1 45 Mountain Avenue Two “C” variances for the height of an accessory structure tobe constructed. Robert C. Williams, Esq., attorney for the applicant, reviewed the resolution and requested a minor modification for a“C2." variance for height not to exceed 35 feet of an accessory recreational building when only 15 feet in height is permitted. He said that the height of the building will be reduced by 18”. Ms. Beirne had no objection to his modification. Chairwoman Gabry asked for a motion to adopt the resolution as amended. Mr. Merklinger made a motion to adopt as amended; Mr. Sussman seconded the motion.

The vote was as follows: Buechler: - Steinhart: Yes Bullock: Yes Sussman: Yes Merklinger: Yes Weiss: - Neuer: Recused Chairwoman Gabry: Yes Quentzel: Yes Chairwoman Gabry noted for the record that Mr, Neuer was recused from hearing this application and Mr. Buechler was not present at the last meeting when this application was heard and they did not participate in this discussion. APPLICATION(S) 1. ZB-13-11/Gavilanez Block: 89; Lots: 32, 33; Zone: OB-1 134 Main Street Two “D” use variances and several bulk variances to convert the first floor of an existing two family dwelling to a hair salon EXHIBITS A-1 — Colored Site Plan A-2 — Architectural Plans — 4 sheets Savino Russoniello Jr., Esq., attorney for the applicant, approached the podium. Mr. Russoniello detailed the application stating that the applicant’s mother owns and operates a hair salon currently located on Washington Street and would like to move her business into her daughter’s two-family home, Mr. Russoniello said that this would be an owner occupied situation; the hair salon would be on the first floor and the second floor would remain residential. Chairwoman Gabry asked Mr, Russoniello what is currently on the third floor of the home; he said that there is a bedroom on the third floor. Mr. Russoniello said that the second and third floors of the home are occupied by the owner and family members as one residence, Mr. Russoniello called his first witness, Anthony Marucci. He said that Mr. Marucci will be testifying as the Professional Engincer first and as the Professional Planner second. Anthony Marucci approached the podium and was sworn under oath. Mr. Marucci detailed his professional background as both a Professional Planner and a Professional Engineer in the State of New Jersey. He stated that he has testified before this Zoning Board many times before.

Chairwoman Gabry accepted Mr. Marucci as an expert in both Professional Planning and Engineering. Mr. Marucci presented the site plans stating that they are the same plans that were submitted with the application except the set to which he is testifying is in color. Chairwoman Gabry asked to have the site plans marked as Exhibit A-1 for identification. Mr. Marucci referred to the site plans and began detailing them. He said that the property is located in an OB-1 zone and is used as a two-family residence as are most of the other properties on Main Street. Mr. Marucci said that they are proposing to take the first floor and turn it into a hair salon. He said that the applicant’s mother is the owner of the salon and has been established in West Orange for awhile. Mr. Marucci said that she wants to move the business there so that she can have the business in her own family’s property and not have to worry about losing a lease. Mr. Marucci described the property, noting that the site is a little elevated and that you would have to climb a number of stairs if entering the salon from the street. He said that the applicant obtained an egress/ingress easement from the neighbor and is providing for a handicap parking spot so that someone can access the salon without having to climb the stairs, Mr, Buechler referred to the key map on the site plan and asked Mr. Marucci to explain how to access the O'Reilly property behind the proposed site. Mr. Marucci said that the O’Reilly property is accessed from lot 34. Mr. Buechler asked Mr. Marucci how wide the driveway is. He said that when Mr. O’Reilly came before this Board a few years ago, his recollection was that there was a problem with the width of the driveway. Mr, Marucci said the driveway is approximately 16’ wide and there is room for two way traffic. Mr. Buechler asked Mr. Marucci if landscaper trucks are parked on the O’Reilly property; he replied yes. Mr. Marucci stated that there are a number of “C” variances being requested for side yard, front yard, maximum lot coverage and parking. He said that this application also requires two “D” variances; one “D” variance for the conversion of the residence into a hair salon because it is not permitted in this zone and the other “D” variance for two principal uses on one property. Mr. Russoniello asked Mr. Marucci to detail any engineering issues. Mr. Marucci

hair salon because it is not permitted in this zone and the other “D” variance for two principal uses on one property. Mr. Russoniello asked Mr. Marucci to detail any engineering issues. Mr. Marucci said that the engineering issues are minimal. He said that there will be sufficient lighting in the rear parking lot and that they will not be changing the grading because it is fairly flat in the rear. Mr. Marucci said that the only change will be in the front of the property. Mr. Neuer asked Mr. Marucci to define the distance ftom the curb to the front of the building; Mr. Marucci said approximately 60’.

Mr. Neuer asked Mr. Marucci if the handicap parking space, that is 60’ from the building, is ADA compliant; he replied yes. Chairwoman Gabry asked Mr. Marucci if the existing chain link fence will remain along the handicap ramp; he replied yes. Mr. Neuer asked Mr. Marucci if he addressed the Township Enginccr’s comments regarding installing a new curb and sidewalk in the front of the property; he replied yes. Mr. Marucci said the applicant will comply. Mr. Neuer asked Mr. Russoniclio if the Board was to approve this application would the applicant agree to replace the curbs and the sidewalk as a condition; he replied yes. Mr. Russoniello asked Mr. Marucci if he saw any problem with the driveway in regard to ingress and egress; he replied no. Mr. Marucci said that he has entered and exited this driveway many times and has never had a problem. He said that the traffic movements are minimal and he does not see any problem adding three parking spaces. Chairwoman Gabry stated that Mr. Marucci is not a traffic expert. Mr. Marucci stated that the applicant is proposing three parking spaces when eight parking spaces are required. Mr. Neuer asked Mr. Marucci if they calculated how many parking spaces are needed for the two existing apartments. Mr. Marucci said that they need 4 parking spaces for the two-family but there are no parking spaces provided for them currently. Mr. Russoniello stated that his client informed him that most of their clients walk to the salon. Mr. Merklinger asked Mr. Marucci where the residents currently park; he said they currently park on the street. Chairwoman Gabry noted for the record that consulting Planner for the Township, Paul Grygiel, arrived at the meeting at 8:35 pm. Mr. Grygiel was sworn under oath. Mr. Buechler asked Mr. Marucci if the owner of the property lives in the top section of the home; he replied yes, Mr. Buechler asked Mr. Marucci how many customers and chairs the salon will have; Mr. Marucci said that there will be three chairs in the salon but he will defer that question to the Architect. Mr. Buechler asked Mr. Marucci how many employees there will be at the salon; Mr. Marucci said that he will defer that question to the applicant.

Mr, Buechler asked Mr. Marucci if on-street parking is permissible in the front of the building on Main Street; he replied yes, Mr. Buechler asked Mr. Marucci if the rear yard is currently grass; he replied yes. Mr. Buechler asked Mr, Marucci what type of material they will be using for the parking lot; he replied asphalt. Mr. Buechler asked Mr, Marucci if they could use a pervious material for the parking lot. Mr. Marucci said that if he means stone then no they cannot use that. He said wheelchairs cannot move on stones. Mr. Buechler asked Mr. Marucci if there is a feasible pervious material that they can use; he said that he will talk to Mr. Lepore and ask if there is a safe one. Mr. Sussman asked Mr, Marucci if the entry door from the ramp is raised; he replied no and said the door was flush. Mr. Marucci stated that he will now give his Planning testimony and began detailing the land uses. He said that the property is in an OB-1 zone and is currently used as a two family dwelling. Mr. Marucci said that Mr. O’Reilly’s property is on the south side of the site and he has agreed to give the applicant an easement to provide access to the parking area for them. He referred to the photographs in his Planner’s report describing the surrounding properties and stated that this application is in compliance with the character of the neighborhood, Mr. Marucci said that this application meets the criteria for special reason in accordance with the Municipal Land Use Law. He said that there is no land to increase the building size, there is no detriment to the public good and it is compatible to the general area. Chairwoman Gabry asked if any members of the Board had any questions for Mr. Marucci. Mr. Buechler asked Mr, Marucci if he read the report that was submitted by the West Orange Downtown Alliance. Mr. Neuer stated that for this report to be entered as evidence, someone from the Alliance has to be present to testify. Megan Brill, Director of the Downtown Alliance, approached the podium and stated that the Downtown Alliance has concerns about the variances and the handicap ramp being ADA compliant. Mr. Marucci said that he did read the report and he disagrees with their first point in the report regarding new or existing businesses acquiring existing store fronts in the downtown. He said that, in his opinion, he would rather be in his own building rather

s with their first point in the report regarding new or existing businesses acquiring existing store fronts in the downtown. He said that, in his opinion, he would rather be in his own building rather than leasing a space. Mr. Buechler stated that this is the mother’s business and the daughter owns the property, He said that the mother does not own the building. There were no further questions for Mr. Marucci from the Board or the Professionals.

Chairwoman Gabry asked if any members of the public had any questions for Mr. Marucci. David Owen, Esq. approached the podium stating that he is here representing Donna Uher, who lives at 14 Edgehill Road, and the Llewellyn Park Committee of Managers, Mr. Owen asked Mr. Marucci if the current use for the property is a two-family use or more than two families; he replied it is a two-family use. Mr. Owen asked Mr. Marucci if the applicant’s mother owns the hair salon on Washington Street; he replied yes. He asked Mr. Marucci if the hair salon is a permitted use in that zone; he replied yes. Mr, Owen asked Mr. Marucci if the hair salon has to move from their present location. Mr. Marucci said he defers that question to the owner. Mr. Owen asked Mr. Marucci if it would be convenient for the applicant to move the business to this property; he replied yes. Mr. Owen stated asked Mr. Marucci if a hair salon is not permitted in an OB-1 zone and is prohibited from this district and requires a use variance; he said yes and that is why they are here before the Zoning Board. Mr. Owen asked Mr. Matucci if they require a second use variance because there are two principal uses on this site, retail and residential; he replied yes. Mr. Owen asked Mr. Marucci if he is familiar with the proposed floor plan for the hair salon; he replied yes. Mr. Owen asked Mr. Marucci how many seats in the waiting area; he replied one or two seats. Mr. Owen asked Mr. Marucci if there will be a seat at the front counter where the receptionist will sit; he replied yes. Mr. Owen asked Mr. Marucci if there will be six chairs in the salon. Mr. Neuer said that Mr. Marucci testified to the salon having three chairs and if the applicant testifies to six chairs then Mr. Marucci’s testimony is based on false information, He asked Mr. Owen to save that question for the applicant or the architect. Mr. Owen asked Mr. Marucci how many parking spaces they are proposing; he said they are proposing three parking spaces and currently they have no parking spaces. Mr. Marucci said that three parking spaces is an improvement. Mr. Owen asked Mr. Marucci if there is any ordinance in the ‘Town regarding walk-in traffic; he said yes. Mr, Owen asked Mr. Marucci if anywhere in that ordinance says that you receive a credit for walk-in clients; he replied no.

Mr. Owen asked Mr. Marucci if they will need a variance for the trash container; he said that they are proposing a trash container in the rear and if it requires a variance they will ask for it. Mr. Owen asked Mr. Marucci if he was aware of the Township ordinance that requires one square foot of open space must be provided for every square foot of a building; Mr. Russoniello said that the ordinance that Mr. Owen is talking about is an office building requirement. He said that the applicant is not putting up an office building. Mr, Owen asked Mr. Marucci if a lot size variance is required for this application; he replied no because it is an existing condition that cannot be changed. Mr. Owen asked Mr. Marucci if they are expanding the building; he replied no. He said that they are just renovating the interior. Mr. Owen asked Mr. Marucci if there are any requirements for a two-way driveway; Mr. Matucci said that depends. He said that it is a driveway, not a roadway. Mr. Owen asked Mr. Marucci if there was any reference to the Master Plan in his report; he replied no. Mr. Owen had no further questions for Mr. Marucci. Chairwoman Gabry asked if there were any further questions for Mr. Marucci. Mr. Grossman approached and asked Mr. Marucci if the plan makes any provisions for parking; he replied yes. Mr. Grossman asked Mr. Marucci if the plan makes any provisions for the delivery of supplies for the business; he replied no, He said there is no need for a delivery truck. Mr. Grossman asked Mr. Marucci if they will need a truck to deliver the equipment to the site; he said yes but that would only be a one-time set up. He said no customers will be in the salon when they set up the operation. Mr. Grossman asked Mr. Marucci if multiple uses are depicted in the architectural plans; he said he defers that question to the Architect. Chairwoman Gabry asked if any other members of the public had any questions for Mr. Marucci. Richard Koehler approached the podium and stated that he lives at 136 Main Street. Mr. Buechler asked Mr. Koehler if he lived next door to the property; he replied yes. Mr. Koehler asked Mr. Marucci if the lot is a flat area; he said it is essentially flat.