March 5, 2014

TOWNSHIP OF WEST ORANGE PLANNING BOARD MINUTES March 5, 2014 The Township of West Orange Planning Board held a regular meeting on March 5, 2014 at 7:30 P.M. in Council Chambers, 66 Main Street, West Orange, New Jersey. Chairman Heller called the meeting to order at approximately 7:30 P.M. It was announced that notification of this meeting was given to the Township Clerk, and posted on the Township Bulletin Board on November 21, 2013, in accordance with the requirements of the “Open Public Meetings Act’. PRESENT: Chairman Ben Heller, Robert Bagoff, Jerome Eben, Tekeste Ghebremicael, Council President Susan McCartney, Vice Chairman Ron Weston William Wilkes II ABSENT: Joanne Cariucci, Gerald Gurland, Lee Klein, Jason Lester ALSO PRESENT: Paul Grygiel, AICP, PP, Acting Township Planner, Frank Russo, PE, Omland Engineering, Patrick J. Dwyer, Board Attorney, Robin Miller, Board Secretary; Debbie Dillon, Audio-Digital Transcription Service PLEDGE OF ALLEGIANCE Chairman Heller requested all persons stand for the Pledge of Allegiance. ROLL CALL Robert Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Chairman Ben Heller, Lee Kiein, Jason Lester, Council President Susan McCartney, Vice Chairman Ron Weston, Williams Wilkes II. ANNOUNCEMENTS The next regular Planning Board meeting will be held on Wednesday April 2, 2014 at 7:30 P.M. in Council Chambers. Per Applicant's request, Application PB-13-19/Sirius Radio, Inc., previously scheduled to be heard at this meeting, will be carried to the April 2, 2014 regular meeting. ADOPT MINUTES The minutes of the January 8, 2014 Planning Board meeting were unanimously adopted. SWEARING IN Paul Grygiel, AICP, PP, Phillips Preiss Grygiel LLC, was introduced as Acting Township Planner. Frank Russo, PE, Omland Engineering, was introduced as Township Engineering Consultant. RESOLUTIONS None NAPLANNING.BRD\WPWINUTES\201413-5-14 Minutes.doc 4

APPLICATIONS PB-13-25/Falcon Associates for South Mountain Realty Associates, LLC Block: 168; Lot: 27.02; Zone: B-2 563 Northfield Avenue Amended Site Plan with variances. EXHIBITS A-1 ~ Sheet No. SP-1 - Elevations & Street View Rendering dated 12/16/2013, prepared by Barry Poskanzer, RA, Poskanzer Skott Architects; Amended Site Plan Layout dated 12/15/13, with undated revisions hand-marked in red ink based on the 1/16/14 Technical Review meeting, prepared by Anthony Marucci, PE, PP, Marucci Engineering Associates, LLC; A-2- 11"x17” Handout — Two sheets: (1) Sheet No. SP-1 — Elevations & Street View Rendering dated 12/16/2013, prepared by Barry Poskanzer, RA, Poskanzer Skott Architects; (2) Amended Site Plan Layout dated 12/15/13, with undated revisions hand-marked in red ink based on the 4/16/14 Technical Review meeting, prepared by Anthony Marucci, PE, PP, Marucci Engineering Associates, LLC; A-3 - Amended Site Plan Layout dated 12/15/13, revised 2/3/14 based on the 1/16/14 Technical Review meeting, prepared by Anthony Marucci, PE, PP, Marucci Engineering Associates, LLC. DISCUSSION Savino J. Russoniello, Jr., attorney for the Applicant introduced the Application for an amended site plan at the location of the old Julio's Restaurant. Mr. Russoniello said that two years ago the Applicant had been given approval by the Board to construct a two-story building to include office and retail space. The amended plan was for a one-story building with strictly retail space. He advised the Board that the Applicant's professionals had attended the January 16, 2014 Technical Review meeting; that meeting was very productive and several changes had been incorporated in to the design of the project. The changes incorporated recommendations made by Acting Township Planner Paul Grygiel and Township Consulting Engineer, Eric Keller. Barry Poskanzer, RA, AIA, a New Jersey licensed architect, was sworn in, stated his professional credentials and was accepted by the Board to be an expert in architecture. Referring to Exhibits A-1 and A-2, Mr. Poskanzer gave an overview of the plan which would include a 2,000 sq. ft. retail space on the west side of the property where there was an existing drive-thru for a new Donut Donuts tenant; and with a remaining 8,000 sq. ft. of retail space for prospective tenants. In order to more easily follow the revisions, Mr. Russonielio

here was an existing drive-thru for a new Donut Donuts tenant; and with a remaining 8,000 sq. ft. of retail space for prospective tenants. In order to more easily follow the revisions, Mr. Russonielio said the Board should refer to page three of Mr. Grygiel’s report dated January 17, 2014. Mr. Poskanzer said the first concern was pedestrian access from the Northfield Avenue sidewalk to across the site to the front of the Dunkin Donuts. Mr. Poskanzer said the basic concept of the amended plan was to demolish paris of the existing 4,000 sq. ft. building that were unnecessary and add new construction that would create a total of 8,000 sq. ft. of usable retail space. In addition, by rearranging the driveway, he was able to create an easy parking area to the east of the building; Mr. Poskanzer described how traffic would flow along the property and to the drive-thru window. The window would have a limitation to traffic. The original plan included forty-seven (47) parking spaces; the revised plan had a total of forty-three (43), this to accommodate recommendations made by the Technical Review Committee, which NAPLANNING. BRD\WP\WINUTESI201413-5-14 Minutes.doc 2

included the addition of more green space. The impervious coverage would be lowered fo under sixty-seven percent (67%). The van area was moved to the east side for handicap parking with a walkway; the garbage dumpster was relocated to the rear of the property. The plan included minor stairs and curbing to the service area to the rear of the building. The design on the east side of the building indicated open glass and entrance doors for potential tenants. Additionally there currently existed pointed curbing on the southwest side of property; the new plan would soften the area and re-carve the curbing. Mr. Russoniello asked Mr. Poskanzer to address the issues cited on page four (4) of Mr. Grygiel’s report. Mr. Poskanzer said that the biggest improvement would be refurbishing and re-skinning the building in new materials. The derelict property maintenance issues would be repaired, redone and upgraded. Mr. Heller asked if an interior floor plan would be presented. Mr. Poskanzer said there was not a detailed floor pian, but one was indicated on the upper right portion of Exhibit A-1; he said the presentation only indicated the 2,000 sq. ft. Dunkin Donut space and the 8,000 sq. ft. for potential retail tenants. Council President McCartney asked about the retaining wall; the hours of operation for the Dunkin Donuts since it was approved for 24-hour operation, and if the Fire Lane would be marked. Mr. Poskanzer said the retaining wall behind the dumpster was derelict and would be repaired; that while Dunkin Donuts was approved to be open 24-hours, he believed the tenant planned to close at 10:00 PM; the Fire Lane would be marked as per code requirement. Dr. Bagoff asked what type of roof would be installed. Mr. Poskanzer said an entirely new two to five-ply flat rubber roof in a light color would be installed. Mr. Poskanzer showed the Board samples of the building materials and colors. He indicated the building would be in white and blue metal panels with small amount of orange accent for the Dunkin Donut including their signage. Dr. Bagoff inquired if there would be any video surveillance in the back of the building. Mr. Poskanzer said that had not yet been determined. Mr. Russoniello said that it would be a good idea and opined that the retailers would probably want it installed. Dr. Bagoff asked about the wooded area in the rear of the property. Mr.

en determined. Mr. Russoniello said that it would be a good idea and opined that the retailers would probably want it installed. Dr. Bagoff asked about the wooded area in the rear of the property. Mr. Poskanzer said the area would be cleaned up; but a detailed landscaping plan had not been completed. Dr. Bagoff asked what type of signage was planned; would there be a monument sign. Mr. Russoniello said there was currently a freestanding sign on the property; if it was to be modified the Applicant would come back before the Board. Dr. Bagoff said that in light of all the recent snow, had snow build-up been considered during the plan for roof design. Mr. Poskanzer said that snow had been taken in to consideration when he designed the roof. Chairman Heller asked Mr. Poskanzer to detail the color scheme of the building exterior; he voiced concern that if Dunkin Donuts was not a tenant, the orange accent color might be an issue. Mr. Poskanzer said the amount of orange was a small accent feature to compliment the white and blue panels; he said he felt comfortable keeping it as part of the permanent color scheme, even if Dunkin Donuts were not a tenant. Mr. Heller requested an interior floor plan be submitted for the Dunkin Donuts store; he suggested a preliminary or schematic plan be submitted as a condition of approval. Mr. Weston said he agreed with Chairman Heller, he would like to see the interior floor plan and it should be a condition of approval. Regarding the exterior color scheme, he said the design did not look like a typical Dunkin Donuts. Mr. Poskanzer said there were no real rules for Dunkin Donuts design, there were many design variations and that other than signage, there would be no branding outside. Mr. Weston said he was concerned that painted metal railings NAPLANNING.BRD\WPWINUTES\2014\3-5-14 Minutes.doc 3

would be a maintenance issue. Mr. Poskanzer said he agreed; he indicated the railings would probably be aluminum when installed. Mr. Wilkes asked how trucks would be making deliveries to the site. Mr. Poskanzer described the delivery plan indicating truck ingress and egress. Mr. Eben said the dumpster should be located directly in the back of the property; he opined that enclosed dumpsters were not maintainable. He said the back part of the three parking spaces in the front of the property were over the property line; he would like to see all three spaces eliminated in the front and have more landscaping. He asked for greater detail regarding the rear lawn area. Mr. Poskanzer said he agreed about the location of the dumpster. Regarding the three parking spaces, he said the reality of not having them in the front would be an issue for the Dunkin Donuts; he said there was a functional aspect of leaving the existing spaces for the ease of the Dunkin Donuts customers. Mr. Poskanzer confirmed the rear area was lawn. Mr. Eben said he would like to see some bushes or trees; it would be hard to maintain just lawn. He was also concerned about the lack of an interior floor plan; would there be a core toilet area or would each tenant have a restroom; and was there the possibility of a corridor for access to tenant space. Mr. Poskanzer said each tenant would have a separate restroom; a corridor was not planned; each tenant would have their own entrances; however, there was the possibility that two tenants might share a five-foot back door entrance. Mr. Grygiel commended the Applicant and Mr. Poskanzer for the revised plans; they had addressed all planning issues discussed at the Technical Review meeting. Referring to Omland Engineering memo dated January 10, 2014, Mr. Russo asked Mr. Poskanzer to comment on item #10 - whether the proposed structure would require a separate fire suppression system. Mr. Poskanzer said that the system was not required by building code but he would recommend it to his client if costs permitted. Mr. Russo asked Mr. Poskanzer to confirm that as per item #11, a Knox box would be incorporated into the building plans. Mr. Poskanzer confirmed that as discussed at the Technical Review meeting, the Knox box would be indicated on the final building plan; it would be inspected by the Fire Official as per code. Council President McCartney said

that as discussed at the Technical Review meeting, the Knox box would be indicated on the final building plan; it would be inspected by the Fire Official as per code. Council President McCartney said that her Technical Review meeting notes indicated that the Fire Official indicated the building did not need a sprinkler systern due to its size. Mr. Poskanzer confirmed that the structure was exempt because it was so small. The Public Advocate and the Public had no questions for Mr. Poskanzer. Anthony Marucci, PE, PP, Marucci Engineering Associates, LLC, was sworn in, stated his professional credentials and was accepted by the Board to be an expert in engineering. Mr. Marucci confirmed he had prepared the site plan dated December 13, 2013 and subsequently modified based on issues discussed at the January 16, 2014 Technical Review meeting. Mr. Marucci gave a brief overview of the pian which included a pedestrian friendly front sidewalk area; a modified parking area to accommodate better traffic flow; relocated refuse area to the rear of property; installation of a height limitation barrier in the area of the drive-thru; and although it was not indicated - a buffer area in the vicinity of Turtle Brook would be incorporated in to the plan as per the request of Omland Engineering. Mr. Marucci said the layout worked well because there was a counter-clockwise direction of traffic; there was a very long side line with plenty of room for stacking to get to the menu board then on to the pick-up window. He said he believed the plan accommodated all the requests made at the Technical Review meeting. All utilities currently existed; there were no extraordinary drainage or lighting issues to address. In terms of impervious coverage, the current application actually decreased NAPLANNING, BRD\WP\MINUTES(2014\3-5-14 Minutes.doc 4

it approximately one-percent. The plan would enhance the existing site. Mr. Russoniello asked Mr. Marucci to discuss the landscaping plan. Mr. Marucci said that there was discussion at the Technical Review meeting regarding the back area suggestion for replacement trees, one tree for every ten (10) parking spaces. Mr. Marucci opined that some trees would be helpful; currently the buffer area was completely wooded; he would work with the Town Forester regarding the removal of dead trees and clean up the overgrown brush. The exterior lighting on the westerly side by the drive thru window would be repaired and enhanced; he said he would work with the Township professionals to ensure the area would not be over-lit. Council President McCartney asked for details regarding exit signage when vehicles leave property. She wanted to make sure vehicles exiting were aware they could not make a left turn on to Northfield Avenue. Mr. Marucci confirmed there would be proper signage indicating right- turn only when exiting. Dr. Bagoff inquired if there would be any speed calming devices; he was concerned the area could become a speedway for vehicles. Mr. Marucci agreed that speed-calming devices would be a good idea and would keep traffic at a good pace; they could be incorporaied in to the plan. Chairman Heller asked about the three parking spaces in the front of the property that were previously discussed. Mr. Marucci said the existing conditions showed four parking spaces; the new plan eliminated one of the spaces for the installation of a new pedestrian walkway; he agreed with Mr. Poskanzer that the three spaces were necessary for the Dunkin Donuts customers; he would like to keep them. Mr. Heller asked if there could be striping to the property in the area of the four westerly parking spaces to tie-in with crossing the drive-thru area to the front of the store. Mr. Marucci said he could put striping along the proposed walkway and would add striping to the westerly area. Chairman Heller requested the Township Planner submit a landscaping plan for approval; he opined that there should be some shade trees in the front and back of the property. Referring to the three parking spaces in the front, Vice Chairman Weston asked how a car would safely get in to the corner space closest to the in-bound traffic. Mr. Marucci said that the space was a current condition that had

king spaces in the front, Vice Chairman Weston asked how a car would safely get in to the corner space closest to the in-bound traffic. Mr. Marucci said that the space was a current condition that had existed for a long time but he could remove it if there were safety concerns. There was sufficient parking on the easterly side to accommodate customers. Mr. Eben said code required one tree planting per every ten spaces; he counted twenty-one continuance spaces. He would like to see a bump out at every seven or eight spaces for a tree. Moving the dumpster to the rear would create twenty-three spaces. He would like to see the area softened. Council President McCartney said it would be easy to pull out and pull in if the spaces in the front were eliminated, but it might affect the planned retail; depending on the tenant, they might have to come back before the Board for parking variance. Mr. Russoniello and Mr. Marucci both voiced concern that if additional spaces were eliminated, it would be a concern for potential businesses. Dr. Bagoff opined that business owners wanted to see as many parking spaces as possible; there must be a balance between having green space and enough parking to make the space viable for a business. Mr. Poskanzer said he suggested interrupting the green space in the rear for two or three parking spaces. Mr. Grygiel said that with regard to directional signage, Mr. Marucci should make sure there were adequate signage or pavement markings for the drive-thru area. Mr. Marucci said there would be signage indicating Height Restriction; Drive-thru Only; Do Not Enter; and No Left Turn. NAPLANNING. BRD\WPIMINUTES\201413-5-14 Minutes. doc 5

He said he would work with the Township Engineer to ensure there were adequate signage and/or pavement markings. Mr. Russo asked how many handicap spaces the site required. Mr. Marucci said he believed three were required although with the proposed changes only two might be required; however, he did plan to keep three; one for handicap van access and two regular size handicap spaces. Referring to Omland Engineering memo dated January 10, 2014, item #19 discussing a loading space, Mr. Russo inquired if the Applicant would be requesting the appropriate relief. Mr. Marucci answered in the affirmative. The Public Advocate and the Public had no questions for Mr. Marucci. Mr. Russoniello advised the Board that testimony for the Application was concluded. The Public Advocate and the Public had no comments regarding the Application. Chairman Heller asked the Board if they had any comments regarding the Application. Council President McCartney opined the revised parking and landscaping plan was a good compromise; she stated the Applicant had presented a nice building plan. Dr. Bagoff asked Mr. Poskanzer to better describe the traffic flow since a new parking area was planned for the rear of the structure. Mr. Poskanzer described how the traffic flow would work. Chairman Heller said he liked the parking and landscaping compromise. Mr. Weston said he acknowledged concern regarding the front parking; he said he appreciated the revised parking and landscaping plan. Mr., Eben opined it was a beautiful building; he appreciated the revisions. Conditions: Fire line to be marked; Install video cameras for security purposes in the rear of property; Railings material to be aluminum; Relocate dumpster to the rear of property; Install buffer to the rear of property subject to Township Engineer and Township Planner approval; Install lighting along drive isle near exits; install speed humps along west side of property driveway; Install striping and illumination in area of handicap parking to new pedestrian walkway; Furnish Landscaping Plan subject to approval by Township Engineer and Township Planner; 10. Eliminate two (2) parking spaces along east boundary for a total of twenty-one (21) parking spaces; install two (2) trees for every seven (7) parking spaces; 11. Relocate two (2) parking spaces to the rear of building; 12. Install directional signs in the