October 27, 2011

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING October 27, 2011 The West Orange Zoning Board of Adjustment held a regular meeting on October 27, 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 8:03 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.” PLEDGE OF ALLEGIANCE Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: Bruce Buechler, Gregory Bullock, Deborah Gabry, Philip Neuer, Bart Quentzel, William Steinhart, Mark Sussman, Alice Weiss ABSENT: None ALSO PRESENT: Susan Borg, A.LC.P., P.P., ALLA. Eric Heller, Consulting Engineer Harvey Grossman, Public Advocate Board Attorney: Alice Beirne, Esq. Board Secretary, Rose DeSena ANNOUNCEMENT OF FUTURE MEETING DATES Future Meetings: November 10, 2011 (Special Meeting) 8:00 P.M> November 17, 2011 (Regular Meeting) — 8:00 P.M. December 8, 2011 (Regular Mecting)— 8:00 P.M. January 19,2012 (Regular Meeting)— 8:00 P.M. MINUTES Adopt Minutes: September 22, 2011 regular meeting Mr. Buechler made a motion to adopt; Ms. Gabry seconded. AJl were in favor.

SWEARING IN Township Professionals, Planning Director Susan Borg and Township Consulting Engineer Eric Keller were sworn under oath. 2012 MEETING SCHEDULE The Zoning Board of Adjustment 2012 meeting schedule was presented to the Board for adoption. Chairman Neuer moved to change the June 21, 2012 meeting date to June 14, 2012. Ms. Gabry made a motion to adopt the 2012 Zoning Board of Adjustment meeting schedule, and Mr. Buechler seconded. All were in favor. RESOLUTIONS 1. ZB-11-05/Carp, Gerald and Ellen Approved 9/22/11 Block: 82.02; Lot: 13.05; Zone: R-1 63 Ridge Road. Seeking “C” variances for the height of an existing fence and setbacks of an existing tennis court Ms. Beirne stated that, after speaking to Mr. Lorber, she had incorporated some changes to this resolution that was submitted to the Board. Mr. Buechler stated that he also incorporated changes to this resolution. Mr. Bullock made a motion to adopt as per amendments; Mr. Buechler seconded. All were in favor. 2. ZB-11-09/Slomack Approved 9/22/11 Block: 112.01; Lot: 20; Zone: R-i 1 Long Branch Way, Llewellyn Park “D” variance for height on newly constructed house Mr. Buechler made a motion to adopt as per amendments; Ms, Gabry seconded. All were in favor. APPLICATIONS 1. ZB-11-15/GigaBeam Carried to 11/17/11 Block: 84.01; Lot: 22; Zone: B-2 “D” variance for use to place two (2) six foot dish antennas on an existing tower and necessary equipment to be cabinet mounted on H-frame at ground level. Chairman Neuer announced that this application will not be heard tonight. The applicant requested being carried over to the 11/17/11 meeting.

2, ZB-11-14/Longo Carried from 9/22/11 Block: 88; Lot: 21; Zone: OB-2 15 Mt. Pleasant Avenue “D” & “C” variances for lot area, front and side yard set-backs, maximum lot coverage and parking for an addition to the third floor and converting a two family house into a three family house EXHIBITS A-1 existing site plan A-2 proposed site plan DISCUSSION Carmine Campanile, Esq, attorney for applicant, approached podium. He stated he will present two witnesses this evening to testify. Mr. Campanile explained that the applicant purchased this property as a two family house and is proposing to convert it back to its original state as a three family house with an addition to the third floor. Mr. Campanile stated that to do this will requive a D variance because it’s a non conforming use and the property is located in a zone that does not allow expansion. He also stated that the required Cl variances are because of existing conditions. Mr. Campanile stated the additional square footage is only on the third floor and everything on the house that exists will remain the same. Mr. Campanile called his first witness. Nick Marucci approached the podium and was sworn under oath. He listed his credentials, professional background and stated that he was a licensed engineer in the State of New Jersey and works for the Meadowlands Commission. Chairman Neuer accepted his qualifications as an expert in enginecring. Mr. Buechler stated that he also does work for the Meadowlands Commission and asked Mr. Marucci if he is presently working for them. Ms. Beime stated that Mr. Marucci does not interact with any attorneys and does not read any of the plans. Mr. Buechler asked Mr. Campanile if he had any objection and he replied no. Mr. Sussman asked Mr, Marucci what he does for the Meadowlands. Mr. Marucci stated that he runs the pumps and is an environmental and solid waste engineer. Chairman Neuer stated that he has never encountered Mr. Marucci at the Meadowlands Commission. Mr. Marucci detailed the existing site and proposed site plans. Chairman Neuer asked that they be marked as Exhibit A-1 and Exhibit A-2 dated May 16, 2011 with no revisions. Mr. Marucci explained all of the set —backs for the house and the garage and stated that they are proposing a 300 sq. foot addition to the third floor of a two story framed dwelling. He also stated that the addition would make it

the set —backs for the house and the garage and stated that they are proposing a 300 sq. foot addition to the third floor of a two story framed dwelling. He also stated that the addition would make it a two bedroom apartment. Mr. Campanile asked if the

addition would affect any of the set-backs or the impervious coverage and Mr. Marucci replied that they will remain the same. Mr, Campanile then asked if this would have any effect on drainage and Mr. Marucci replied no, Mr. Buechler asked how large the addition is and Mr. Marucei stated that it was approximately 390 sq. feet. Mr. Bucchler said that the planners report says the addition is 420 sq. feet. Mr. Buechler asked Mr. Marucci what the purpose of the addition was. Mr. Marucci stated that it was to accommodate a third family to the house. Mr. Buechler said that they never saw any tax information showing it was originally a three family house. Chairman Neuer asked if there is a minimum size for a third floor unit under ordinance, Mr. Buechler stated that his question to Mr. Marucci is does it qualify as a three family as is and Mr. Marucci stated that he didn’t know. Mr. Campanile stated that his other witness will explain to the Board why they want to make it a three family. Mr. Campanile also stated that they will also need a separate entrance to accommodate the third floor. Chairman Neuer stated that he wanted the architect to answer if they have enough sq. footage to comply with the ordinance. There were no further questions for Mr. Marucci. Mr. Campanile called his next witness. Anthony Marucci approached the podium and was sworn under oath. Mr. Marucci stated he was testifying as a professional planner and was licensed in the State of New Jersey. Chairman Never accepted his qualifications as an expert in the field of planning. Mr. Marucci referred to his report dated 6/24/11 and Exhibit A-1. He described the immediate area and sited that there are six, three story dwellings on this block. Mr. Marucci stated that they vary from two to three family uses but the majorities are two families. He also stated that the house was a three family prior to Mr. Longo purchasing it and he wants to revert it back to a three family. Mr. Marucci stated that the property record stated that it was a three family house. Mr. Marucci stated that there are also office buildings and an assisted living facility in the same OB2 zone. He stated that this zone requires a minimum lot area of 10,000 sq. feet and they are asking for a D variance. Mr. Marucci stated that the positive criteria is the fact they have the property record card stating that it was

e requires a minimum lot area of 10,000 sq. feet and they are asking for a D variance. Mr. Marucci stated that the positive criteria is the fact they have the property record card stating that it was originally a three family and that there is a three family house west of this house. He also said that all six houses on the block are the same style and size and the three-family should be approved because it fits in. Mx. Marucci stated that there is an existing apartment on the third floor, approximately 390 sq. feet. He said that they would like to make it a two bedroom with a rear staircase which would

increase it to 420 sq. feet. Mr. Marucci stated that, according to the architect’s plan, the total square footage of the addition would be 420 sq. feet. Chairman Neuer asked for clarification of the properties square footage. He asked if the roof over the second floor wili be closed in to make the addition to the third floor. There was discussion as to where the upper floor addition was on the plans. Mr. Sussman said when he looked at the plans he was not clear as to where they were making the addition. Mr. Marucci stated that he cannot testify to this. Chairman Neuer stated that they will need the architect to testify to determine the square footage. Mr. Buechler asked what the height was and, if it’s an existing non conforming use, they might need a D variance for height. Mr. Marucci stated that they are not changing the height. Mr. Marucci continued explaining the positive criteria stating that by adding another rental unit, it would help the businesses and promote the general welfare of the arca, He stated that they would not be encroaching on open space aud the residential use enhances the business community, Mr. Campanile asked Mr. Marucci how many parking spaces are needed and he replied two per unit. Mr. Marucci said that there is an existing two car garage and four spaces on site. He also said they did not want to expand on the impervious coverage by adding additional pavement even though they are adding a unit. Mr. Marucci stated that, because there is no parking on Mt. Pleasant Avenue, they will attempt to rent to someone who will utilize mass transit, He claimed that there is also an opportunity to rent permit parking spaces behind the house at 80 Main Street. Ms. Borg stated that the owner of 80 Main Street would have to come in for a variance to rent out parking spaces on that property. Chairman Neuer stated that they cannot possibly rent parking spaces at 80 Main Street. Mr. Buechler asked how many cars are presently on site with the two families. Mr. Marucci stated that he has never seen more than two cars there, at one time, when he has visited the site. Mr, Buchlcr asked where in the application is the variance for the parking. Chairman Neuer stated that they have to amend the application to include the parking variance. Ms. Borg stated that she read their notice and the parking variance was not included. Mr. Campanile stated that he

Neuer stated that they have to amend the application to include the parking variance. Ms. Borg stated that she read their notice and the parking variance was not included. Mr. Campanile stated that he did not think they needed a parking variance. Mr. Buechler stated that Mr. Marucci testified that they needed six parking spots and stated that they could not count tandem parking. He said that they would need a variance for tandem parking. Chairman Neuer stated that tandem parking has been proven not to work. He also stated that Ms. Borg’s report states that they ouly have three parking spaces on site and she thinks the garage is not structurally sound. Chairman Neuer asked Mr. Campanile if he wanted to talk to his clients and said that if he didn’t include the parking variance in the notice that everything is invalid and they will have to start over,

Mr. Buechler stated that they should also be prepared to discuss the structure of the garage and if it’s usable. He said that, after reading Ms. Borg’s report, they have a long way to go to get a D variance. Chairman Neuer asked Mr. Campanile if he reviewed Ms. Borg’s report about the structurally unsound garage and he replied that he did. Chairman Neuer stated that they do not have jurisdiction over this application because of the issues raised. He continued by saying that the applicant is adjourned and they must submit an amended application amending the square footage of the addition along with the height. Chairman Neuer stated that, if need be, Ms. Borg will provide assistance to them and if they need a parking variance they will have to apply for it. Chairman Neuer stated that the next Zoning Board of Adjustment meeting is scheduled for November 17" so they must get everything done by November 7", He said that if that is not enough time for them, then the next scheduled meeting is December 8". Mr, Campanile asked to be carried to the December 8" Zoning Board meeting. The Board recessed at 9:00 pm. The meeting reconvened at 9:15 pm. 3. ZB-11-17/House of the Holy Comforter t/a Canterbury Village Block: 88; Lot: 26; Zone: OB-2 33 Mt. Pleasant Avenue Secking “d” and “c” variances for expansion and renovations to an existing non-conforming use EXHIBITS Pre-marked A-1 thru A-6 A-1 Existing conditions A-2 Proposed conditions with rendered site plan A-3 Floor Plans (Drawing A-1.0) A-4 Elevations (Drawing A-2.0) A-5 Aerial photos A-6 Photos of Site (1-4) Marked during hearing A-7 Planners Report (Casey & Keller) dated 7/15/11

DISCUSSION Robert C. Williams, Esq., attorney for the applicant approached the podium and detailed the application. He stated that the applicant is requesting approval for an addition and adding an additional 53 beds to the existing facility. Chairman Neuer questioned how many existing private and semi private rooms were. Mr. Williams stated that there are currently forty beds and they are increasing it to 53 beds; thirty seven (37) single rooms and eight (8) double rooms which total 53 beds. Mr. Williams called his first witness. Edward Bogan approached the podium and was sworn under oath. Mr. Bogan stated that he is a licensed professional engineer in the State of New Jersey. He detailed his educational background and work experience and stated he was an expert in engineering. Chairman Neuer asked if he had experience in any projects similar to the size and scope of this one and he replied he did. Chairman Neuer accepted his credentials as a site engineer, Mr. Bogan described aerial photos that were previously entered as Exhibit A-5, showing the existing building and outlining the entire site. [He continued by detailing the existing conditions in Exhibit A-1 and photos of the site in Exhibit A-6. Chairman Neuer asked if he took the photos and Mr. Bogan stated that the architect, Mr. Denton took them. Chairman Neuer asked that it be noted that all of the property in Exhibit A-1 is not Canterbury Village’s property. Mr. Bogan stated that they are proposing a 4600 sq. foot addition, as exhibited in A-2. He said that they are also proposing changing the main entrance, which is currently on Mt. Pleasant Avenue, to provide a more secure site. Mr. Bogan stated that they will be making minor alterations to the driveway for pickup and drop off. Chairman Neuer asked how far back into the property will that be and Mr. Bogan stated it would be 150-175 feet. Mr. Buechler asked if there will be an awning over the new pick up and drop off area and Mr. Bogan stated that the architect will answer that when he testifies. Mr, Bogan continued by stating how many new trees will be planted on the site and detailed the landscaping and lighting plan. Ms. Weiss asked if the dtiveway was a two way road and Mr. Bogan stated it was. Ms. Weiss asked if they were going to widen the driveway because it seemed tight and Mr. Bogan replied no, Chairman Neuer questioned the volume