March 20, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING March 20, 2014 The West Orange Zoning Board of Adjustment held a regular meeting on March 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 “Open Public Meetings Act.” > Chairwoman Gabry asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: B. Buechler, D. Gabry, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman (8:03), A. Weiss ABSENT: G. Bullock (excused absence) ALSO PRESENT: Paul Grygiel, Consulting Planner 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 27, 2014 (Special Meeting) — 8:00 PM April 17, 2014 (Regular Meeting) — 8:00 PM May 15, 2014 (Regular Meeting) ~ 8:00 PM Chairwoman Gabry announced that application ZB-13-17/Lichtman that was scheduled to be heard at this meeting, has requested to be carried to the May 15, 2014 Zoning Board of Adjustment meeting. She also announced that application ZB-13-13/Alvarez, that was scheduled to be heard at this meeting, has requested to be carried to the April 17, 2014 Zoning Board of Adjustment meeting. Chairwoman Gabry granted both requests and stated that no further notice will be required for either application,

Jennifer Porter, Esq. approached the podium and stated that she is the attorney for the Quick Chek Corp. application that was scheduled to be heard at this meeting. She said that due to the agenda backlog she feels that the application will not be heard tonight and, on behalf of her client, she is asking for an adjournment and requesting a special Zoning Board meeting, In so doing Ms. Porter acknowledged that the statutory period for rendering a decision has been extended and the required form is being signed. The Board members agreed to hear this application ZB-13-15 for Quick Chek Corp. at a special meeting on April 24, 2014. Chairwoman Gabry stated for the record that the adjournment is granted and no further notice will be necessary. MINUTES Adopt Minutes: February 20, 2014 (Regular Meeting) Chairwoman Gabry stated for the record that she made an additional correction to the February 20, 2014 minutes today. She noted that applicant’s name, Gavilanez, was misspelled in the minutes and had the Board Secretary make the correction. Chairwoman Gabry asked for a motion to approve the minutes from the regular Zoning Board meeting held on February 20, 2014 as submitted to the Board members with the correction stated on the record. - Mr. Neuer made a motion to approve the minutes; Mr. Buechler seconded the motion and all were in favor. SWEARING IN Consulting Planner for the Township, Paul Grygiel and Consulting Engineer for the Township, Eric Keller were sworn under oath. ¢ Chairwoman Gabry announced that the Township’s Consulting Engineer, Eric Keller, was the recipient of the Iron Man award and congratulated him. All members of the Board joined in the congratulatory wishes. APPLICATION(S) 1. ZB-13-11/Gavilanez Carried from 2/20/14 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 abeautysalon EXHIBITS A-3 - Colored computer rendering of the proposed improvements to the exterior of house O-1 - Resolution ZB-05-13 dated 12/18/2008 O-2 — Resolution ZB-09-23 dated 4/15/2010 O-3 — Commercial store front vacancy listing in the Downtown Area —2 pages Savino Russoniello Jr., Esq., attorney for the applicant, approached the podium. He said that he would like to call Claud Jones, the architect for the applicant, as his first witness. Claud Jones approached the podium and was sworn under oath. Mr. Russoniello asked Mr. Jones to indicate his educational background. Mr. Jones stated that he attended Hampton University and has a degree in architecture. He said that he attended the Newark College of Engineering and then continued his education at Hampton University where he got his degree. Mr. Russoniello asked Mr. Jones if he was licensed in the State of New Jersey; he replied yes. Chairwoman Gabry stated that Mr. Jones is accepted as an expert in the field of architecture. Mr. Jones stated that since the last meeting, he prepared an additional exhibit because there was some concern regarding what the finished building would look like. He said that he created a computer rendering of what the building will !ook like when the work was completed and described the rendering. Chairwoman Gabry asked to have the rendering marked as Exhibit A-3 for identification. Mr. Neuer asked if the color of exterior of the house in the exhibit was true to color; Mr. Jones said that the color.is as close as he could get it to the manufacturer’s color. Chairwoman Gabry asked if any members of the Board or the Professionals had any further questions for Mr. Jones; there were none. 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 there were any changes to the elevations or the interior layout of the building; he replied no. There were no further questions for Mr. Jones. Chairwoman Gabry said that she had a question regarding the number of employees at the salon. Mr. Neuer said that his notes stated that the applicant testified that there will be no more than

four (4) employees at one time. Mr. Buechler said that his notes stated that the applicant testified that there will be two (2) employees at one time plus herself. Mr. Russoniello called the applicant, Laura Gavilanez. Ms. Gavilanez approached the podium. Chairwoman Gabry noted for the record that Ms. Gavilanez, was sworn in at the last meeting and will continue under oath. Chairwoman Gabry asked Ms. Gavilanez the number of employees in the business; she replied her mother and two other employees. She said there will be a maximum of four employees at any one time. Mr. Neuer asked Ms. Gavilanez if they will have a maximum of four employees during the holidays, too; she replied yes. Chairwoman Gabry asked Mr. Russoniello if approved would they accept the condition of no more than four employees at one time; he replied yes. Mr. Sussman asked Ms, Gavilanez if she works as the receptionist, would that make it five employees; she replied yes. Chairwoman Gabry asked Ms, Gavilanez if she was going to install a washer and dryer in the basement; she said if the Board allows her to she will. Mr. Neuer asked Ms. Gavilanez if she would like to include that in her application; she replied yes. Mr. Neuer asked Ms. Gavilanez if all employee parking will be off-site or on the street; she said that there will be no employee parking on the site. Mr. Russoniello stated that Mr. O’Reilly has committed to renting four parking spaces to Ms, Gavilanez on his property. He said with the three parking spaces on her property that would make seven parking spaces. Mr. Neuer stated that the Board would like to see an easement and a contract for the rental of the parking spaces from Mr. O’Reilly. Mr. Russoniello said that the casement has been prepared, and he personally spoke to Mr. OReilly who said that he would rent four parking spaces to the applicant. Chairwoman Gabry asked Mr. Russoniello if the applicant decided to use a pervious material on the surface of the driveway when paving it; he said that the Engineer, Mr. Marucci, will talk about that. Chairwoman Gabry asked Mr. Russoniello if the applicant will agree to replace the front sidewalk and curb as recommended by the Township Engineer, Mr. Lepore; he replied yes. Chairwoman Gabry asked Mr. Grygiel if the trash container requires a variance; he replied yes. Mr. Grygiel said that the plans were amended to include

e Township Engineer, Mr. Lepore; he replied yes. Chairwoman Gabry asked Mr. Grygiel if the trash container requires a variance; he replied yes. Mr. Grygiel said that the plans were amended to include that. 4

Mr. Grygiel stated that in regard to the off-site parking being required for employee parking, there is no way to permit that without a variance. Mr. Russoniello said that he will amend the application to also include the variance for that. Chairwoman Gabry asked if any members of the Board or the Professionals had any further questions for Ms. Gavilanez; there were none. Chairwoman Gabry asked if any members of the public had any questions for Ms. Gavilanez. David Owen approached the podium and asked Ms. Gavilanez how much of the basement will be utilized as additional square footage to the project; Mr. Russoniello said that Mr. Marucci will answer that question. Mr. Owen referred to prior resolutions of approval for 130-132 Main Street and said the property ‘was approved for several uses which included allowing parking spaces for nearby residents. He said that because the property is not zoned for retail parking, Mr. O’Reilly would have to come back before the Zoning Board to request that on his property. There were no further questions for Ms. Gavilanez from the members of the public. Mr. Russonicllo called the applicant’s Engineer, Anthony Marucci, to the podium. Chairwoman Gabry stated for the record that Mr. Marucci was qualified as an expert in the fields of engincering and professional planning and was also sworn in at the last meeting and will continue under oath. Mr. Russoniello asked Mr. Marucci to detail the special reasons for the positive criteria. Mr. Marucci said that establishing this business in the Downtown will help other businesses in the area to thrive. He said that the purpose of the West Orange Downtown Alliance is to promote and enhance businesses and that the Township’s governing body has declared Main Street for businesses. He said that the applicant will be improving the building by bringing it up to code. Mr. Neuer asked Mr. Marucci if they will be adding sprinklers to the building; he replied no. He said that they are improving the building to ensure that it is safe. Mr. Marucci said that the site is suitable for this business because it is on a County road that has bus stops which allow public access to the site. Alice Weiss asked Mr. Marucci why the West Orange Downtown Alliance did not think this application was favorable. Mr. Marucci said they had some concerns. Mr. Neuer said that their report is not part of the

Weiss asked Mr. Marucci why the West Orange Downtown Alliance did not think this application was favorable. Mr. Marucci said they had some concerns. Mr. Neuer said that their report is not part of the record; it was submitted without testimony. Mr. Merklinger said that thebeautysalon is currently on Washington Street and is almost in Orange. He said that the applicant wanted to be on Main Street. 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 approached the podium and asked Mr. Marucci if he was familiar with the current location of thebeautysalon; he replied yes. Mr. Owen asked Mr. Marucci if thebeautysalon is permitted in the zone that thebeautysalon is currently located in; he replied yes. Mr. Owen asked Mr. Marucci how much square footage in the basement will be utilized for a washer and dryer and how much of the basement would become square footage of the salon; Mr. Marucci said that he will defer that question to the architect. Chairwoman Gabry asked Mr. Russoniello if the residential tenants will be able to use the washers and dryers; he replied no. Mr. Russoniello stated that the Applicant’s case in chief was concluded. David Owen, Esq. attommey for an objector approached the podium and called his first witness. Paul N. Ricci approached the podium and was sworn under oath. Mr. Ricci detailed his educational and professional background as a licensed Professional Planner in the State of New Jersey. Chairwoman Gabry accepted Mr. Ricci as an expert in professional planning. Mr. Ricci stated that he reviewed the applicant’s property two times during snow storms and visited the site again today. He said that he had also reviewed the Township’s Master Plan and the Master Plan Update, resolutions ZB-05-13 and ZB-09-23 for 130-132 Main Street and the applicant’s site plan and architectural plans. Mr. Ricci presented adopted resolutions ZB-05-13 and ZB-09-23 and an email from the Township’s Downtown Alliance Director, Megan Brill that was dated 3-11-14. Chairwoman Gabry asked to have resolution ZB-15-13 marked as Exhibit O-1, resolution ZB-09-23 marked as Exhibit O-2 and the email from Megan Brill marked as Exhibit 0-3 for identification only. Mr. Ricci stated that he was asked to evaluate this application and he listed all of the variances in the application that are being requested. He said that a variance for off-site parking is also tequired because the property is and OB-1 and not in a B-1 zone where that is allowed. Mr. Buechler asked Mr. Ricci if, in his opinion, another variance for this application is required for minimum lot area; he replied yes

Mr. Ricci referred to the side yard variance being requested and stated that the applicant is proposing 1.17°x.0.2’, not 1.17°x2.0’; Mr. Grygiel agreed with Mr. Ricci and said that was an error on his report. Mr. Ricci said to prove the positive criteria for a “D” variance the location of the proposed use must benefit the general welfare of the community. He said that there are forty-six (46) vacant properties in the Downtown area and some of vacant spaces were beauty care and nail salons. Mr. Neuer stated for the record that the witness does not have first-hand knowledge of this information. Mr. Ricci stated that the application does not meet ten out of the twelve bulk uses and listed what they were. He said that this site was not intended for this use and is not appropriate. Mr, Ricci detailed what the other uses in the area were and said that there is no other personal service use in the OB-1 zone. Mr. Ricci detailed the negative criteria and said that there are more appropriate places to put this business, Mr. Ricci said there are concerns with the driveway and detailed what he experienced when he visited the site, He said that the driveway was too narrow to accommodate two-way traffic and that there was poor visibility coming out of the driveway with cars parked on the street. Mr. Ricci said that there was no testimony regarding traffic and that he would like to know the level of activity. He said that he also feels the demand for parking is greater than the testimony presented, Mr. Ricci said that according to the Township’s Master Plan re-evaluation, no personal service use is allowed in an OB-1 zone. Mr. Ricci said that this application does not meet the “D” variance criteria according to his planning evaluation and does not represent a better zoning alternative. He said that he personally feels that it is not an appropriate place for abeautysalon. Mr. Neuer asked Mr. Ricci if he did a survey on the number ofbeautysalons in the downtown; he said no just the number of vacant properties. Mr. Ricci said that he does not know if there is a need for abeautysalon in the downtown, he said that his testimony is based on the multiplebeautyand nail salons in the downtown area of most communities. Mr. Quentzel stated that a new salon is not moving into the downtown, he said an existing salon is moving to a new location. He asked Mr. Ricci if he

salons in the downtown area of most communities. Mr. Quentzel stated that a new salon is not moving into the downtown, he said an existing salon is moving to a new location. He asked Mr. Ricci if he thinks that the building will be better looking after the renovations; he replicd no, Mr. Quentzel asked Mr. Ricci if he considered the renovations to be a substantial change to the existing building; he replied yes, Mr. Ricci said that the changes to the building exudes a strictly commercial feel and is a different look.