February 20, 2014

Mr. Koehler asked Mr. Marucci what direction the grade goes; he said from the rear of the property towards the house. Mr. Koehler asked Mr. Marucci if the grade goes diagonally towards his property; he replied no. Mr. Kochler asked Mr. Marucci if they intend to plow the snow against his property; he said no. He said theywill pile the snow along the rear of the property. Mr. Koehler asked Mr. Marucci if the tenants will be placing their garbage in the garbage container; he replied yes. Mr. Koehler asked Mr. Marucci if there is a tenant living on the third floor; he replied no. Mr. Koehler stated that he will be testifying that there is a tenant living on the third floor. Mr. Koehler asked Mr. Marucci if the tenants on the second floor will be utilizing the parking spaces; he replied yes. He said that during the evening hours when the salon is closed the parking spaces will be free for their use. Mr. Neuer asked Mr. Marucci if there is a tenant currently living on the first floor; he replied yes. Mr. Neuer said that if the application is approved and there are two different families living in the house then one will have to vacate. Chairwoman Gabry asked if any other members of the public had any questions for Mr. Marucci. Gerome Eben approached the podium. Mr. Neuer asked Mr. Eben if he is a current member of the West Orange Planning Board; he replied yes. Mr. Neuer advised Mr. Eben that he cannot appear at the Zoning Board meeting as a professional acting on behalf of a client because he is a current member of the West Orange Planning Board. Mr. Eben said that he is appearing as a representative of the West Orange Downtown Alliance and not in his professional capacity. Mr. Eben asked Mr. Marucci if the ramp is at grade; he replied yes. Chairwoman Gabry asked if any other members of the public had any questions for Mr. Marucci. Juliann Vindigni approached the podium and stated that she lives at 140 Main Street, She said that she wanted to state something, Chairwoman Gabry told Ms. Vindigni that this portion of the mecting is just to ask questions now. Ms. Vindigni said that she can make her statement later in the meeting. Mr. Stcinhart asked Mr. Marucci how many parking spaces are required for a two-family house; he said two spaces per unit which would be four parking spaces.

Mr. Steinhart asked Mr. Marucci with the proposed new use, how many parking spaces are required; he said eight parking spaces. He said they are proposing three parking spaces and would be deficient of five parking spaces, Mr. Buechler asked if the second D variance would be limited just to a hair salon or for any retail use if the Board does grant the two D variances. Mr. Neuer said that the application is for a hair salon and he sees no basis for any other use then a hair salon. Mr. Neuer asked Mr. Grygiel if Mr. O’Reilly does not grant the applicant an easement, is there any basis for granting this application. Mr. Grygiel said no; they would lose the parking and the ADA accessibility. Chairwoman Gabry called for a recess at 9:31 pm. Chairwoman Gabry resumed the meeting at 9:45 pm. Chairwoman Gabry noted for the record that, because of the time, application ZB-13-13 for Jason Alvarez that was scheduled to be heard at this meeting tonight will be carried over to the March 20, 2014 regular Zoning Board meeting. She announced that no further notice will be necessary. Chairwoman Gabry stated that James Pryor, attorney for ZB-14-01/Communication Infrastructure, submitted a letter to the Board requesting a special Zoning Board meeting on behalf of his client. Mr. Neuer stated that the consulting Planner for the Township, Paul Grygiel and the Board Attorney, Ms. Beirne, should review the application first and determine if this application should be heard by the Zoning Board or the Planning Board. ‘The Board agreed to hear this application at a special meeting that would be held tentatively on March 27, 2013 subject to their determination. Mr. Russoniello called his second witness. Claud Jones approached the podium and was sworn under oath. Mr. Jones detailed his professional and educational background as a licensed Architect in the State of New Jersey. He said that he has testified before many Boards in Newark, East Orange, Orange, Irvington and Hillside New Jersey. Chairwoman Gabry accepted Mr. Jones as an expert in Architecture. Mr. Jones referred to the architectural plans and noted for the record that the signature on the plans is the signature of his Principal, Albert Birch Jr. He said that Mr, Birch assigns different architects to different projects. Chairwoman Gabry asked to have the Architectural Plans, consisting of four sheets, marked

of his Principal, Albert Birch Jr. He said that Mr, Birch assigns different architects to different projects. Chairwoman Gabry asked to have the Architectural Plans, consisting of four sheets, marked as Exhibit A-2 for identification. 10

Mr. Jones referred to Exhibit A-2 and detailed the existing conditions. He said that the only changes being made are on the first floor. Mr. Russoniello asked Mr. Jones if he inspected the property; he replied yes. Mr. Russonicllo asked Mr. Jones if this is a two-family house; he replied yes. He said that there is a kitchen on the first and second floor and there is only a bedroom on the third floor. Mr. Jones referred to page three of Exhibit A-2 and detailed the proposed renovations to the first floor. Mr. Jones referred to page four of Exhibit A-2 detailing the elevations and the new window design. He said that the windows on the first floor wil! be replaced in order to accommodate the work stations. Mr. Jones said that the windows on the second and third floor will remain the same. He also said that they will install new siding on the exterior of the entire house. Mr. Russoniello asked Mr. Jones what other upgrades are being proposed. He said that they will be upgrading the electrical, the plumbing and fire safety. Mr. Jones said they will also be reinforcing the walls and floor joists on the first floor. He said that they are proposing to install a non-illuminated metal sign over the handicap ramp with lights over the sign. Mr. Jones detailed the stations being proposed stating that there will be two shampoo stations, an office, an area to mix the hair coloring, a pedicure area, a handicap bathroom and a relaxation area for the staff. Mr. Merklinger asked Mr. Jones if there will be another way to enter and exit the salon besides the one being proposed; he replied no. Mr. Jones said they will only be able to enter and exit from the front. He said that there is only one exit because they are below the number that would require a second exit. Mr. Jones stated that there is a fire escape on the second floor. Mr. Russoniello asked Mr. Jones if the basement will be utilized for the business; he replied no. Mr. Neuer asked Mr, Jones if there will be eight to ten employees in the salon at one time; he replied no. Mr. Jones stated that the majority of the time there will be six employees in the salon and two employees on the weekend. Mr. Neuer asked Mr. Jones if there is a possibility that there could be ten customers in the salon at one time; he replied yes. Mr. Grossman approached the podium and asked Mr. Jones if it would be possible that

ked Mr. Jones if there is a possibility that there could be ten customers in the salon at one time; he replied yes. Mr. Grossman approached the podium and asked Mr. Jones if it would be possible that they could have six customers in the salon at one time. Mr. Jones said that he testified that there could possibly be ten customers in the salon at one time. Mr. Grossman asked Mr. Jones if he thinks that the parking is inadequate for the six stations being proposed; he replied no. 11

Chairwoman Gabry asked if any members of the public had any questions for Mr. Jones. David Owen, Esq. approached the podium and asked Mr. Jones if the changes being proposed would significantly change the front of the house; he replied no. Mr. Owen asked Mr. Jones to detail the signage being proposed; he said that the lettering will be in gold and silver and include the business name, address and telephone number. Mr. Owen asked Mr. Jones if they are proposing four new lights to illuminate the parking lot; he replied yes. Mr. Owen questioned Mr. Jones about the three parking spaces they are proposing and asked if there could possibly be a total of sixteen employees and customers at the salon at one given time; Mr. Russonicllo interjected and said that the Township Ordinance does not require parking for hypothetical figures. Mr. Owen asked Mr. Jones if there is access to the basement from the lounge area; he replied yes. He said that they need access to the basement. Chairwoman Gabry asked Mr. Jones what the basement will be utilized for; he replied that the utility meters will be located in the basement, the furnace and storage space. Mr. Neuer stated that he did not see a place for storing the supplics on the plans; Mr. Jones said that the supplies are normally stored at the work stations. Mr. Neuer asked Mr. Russoniello if the applicant would accept the condition that no supplies would be stored in the basement, if the application is approved; he replied yes. Gerard Eben approached the podium, Mr, Eben questioned the title block on the architectural plans and asked Mr. Jones where the Architectural firm is located and who signed the plans. Mr. Jones noted the location of the architectural firm and said that the owner signed the plans. He said that the owner assigns different architects to different projects. Mr. Eben asked Mr. Jones to explain how, according to his testimony, replacing the double hung windows in the front of the building to a store front window is not a substantial change to the architecture of the building. Mr. Jones said that the installation of the new window changes less than 1/3 of the fagade of the building. Mr. Eben asked Mr. Jones what siding materials are being proposed to use on the exterior; he said they have not decided yet but they will probably use viny! siding. Mr. Neuer said that the Board is concerned about the

Jones what siding materials are being proposed to use on the exterior; he said they have not decided yet but they will probably use viny! siding. Mr. Neuer said that the Board is concerned about the aesthetics of the building and that before any vote is taken they must determine the color and type of siding that they are proposing to use. Richard Koehler approached the podium and asked Mr. Jones if the entrance to the basement is from the vestibule; he replied yes, 12

Mr. Koehler asked Mr. Jones where the air conditioner compressor is located on the outside of the house; he replied it is on the side of the house. There were no further questions for Mr. Jones. Mr. Russoniello called his next witness. Laura Gavilanez, applicant, approached the podium and was sworn under oath. Mr. Russoniello asked Ms. Gavilanez when she purchased the property; she replied approximately three or four years ago. Mr. Russoniello asked Ms. Gavilanez if she lives at the house; she replied yes that she lives on the second floor. Mr. Russoniello asked Ms, Gavilanez if she owns any other property in town; she replied yes, She said that she owns a residential two-family house located at 127 Main Street as an investment property. Mr. Russoniello asked Ms. Gavilanez if the hair salon is her mother’s business; she replied yes, Mr. Russonicllo asked Ms. Gavilanez where her mother lives; she replied 495 Valley Road in West Orange. Mr. Russoniello asked Ms. Galvilanez if her mother owns that property; she teplied yes. Mr. Russoniello asked Ms. Gavilanez if her mother owns and operates a cutrent business on Washington Street in town; she replied yes. Mr. Russoniello asked Ms. Gavilanez if the space that her mother leases now is similar in size to the space she is proposing to put in her house; she replied yes. Mr. Russoniello asked Ms, Gavilanez how many employees are at the Washington Street space; she replied two employees. Mr. Russoniello asked Ms. Gavilanez what services are provided at the salon; she said that they provide hair care and have a pedicure area. She said that they also will do manicures occasionally, Mr. Russonielio asked Ms. Gavilanez what the hours of operation are at the salon; she said that the salon opens up at 9 am and closes at 8pm from Monday to Saturday. She said that they are closed on Sunday. Mr. Russoniello asked Ms. Gavilanez to describe the typical client; she said that her typical customers walk to the salon or take a bus to the salon. She said sometimes they will pick a client up and drop them off after their appointment. 13

Mr, Russoniello asked Ms. Gavilanez to explain why they would like to move the salon to her two-family house. Ms. Gavilanez said that by putting her mother in her house she would feel safer and more secure, She said at her current location, her mother has been met with some resistance by her landlord when she wanted some changes made. Mr. Russoniello asked Ms. Gavilanez who currently lives in the house; she said a family lives on the first and second floor and her personal living space is on the third floor in the attic. Ms. Gavilanez said there is not a tenant on the third floor and only one residential tenant will remain on the second floor if the application is approved. Mr. Russoniello asked Ms. Gavilanez if she saw any problem with the three parking spaces; she replied no. She said that their customers park on the street at their current location on Washington Street. Mr. Russoniello asked Ms. Gavilanez if she is willing to make this investment to get her mother into this space; she replied yes, Mr. Russoniello asked Ms. Gavilanez if she thinks the business will be successful at this location; she replied yes. Chairwoman Gabry asked if any members of the Board have any questions for Ms. Galvilanez. Mr. Bullock asked Ms, Gavilanez if the employees have licenses for all of the services they will be providing; she replied yes, She said that only one license for cosmetology is required for all of the services. Mr. Neuer stated that he is concerned if only two employees will be able to handle six hair care stations and one facial area. He asked Ms, Gavilanez if the Board does approve this application, would they accept the condition that there are only two employees; she said sometimes there are four employees. Mr. Neuer said that the plan does not have a place for laundry and asked Ms. Gavilanez how they currently do the laundry for the business; she said that her mother takes the laundry home and does it. Mr. Merklinger asked Ms. Gavilanez if they could put a washer and dryer in the basement so that they can do the laundry onsite; she said yes. Mr. Bullock asked Ms. Gavilanez what the total number of people living in the house is; she replied six people. Mr. Bullock asked Ms. Gavilanez how many people will live in the house after the salon goes in; she replied three people. There were no further questions for Ms. Gavilanez from the Board or

people. Mr. Bullock asked Ms. Gavilanez how many people will live in the house after the salon goes in; she replied three people. There were no further questions for Ms. Gavilanez from the Board or the Board’s professionals. 14