October 27, 2011

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 of traffic and Mr. Bogan stated he didn’t know because they did not do a study or count. Mr. Bogan explained that the maj ority of workers take mass transit and they have very few deliveries. He said that the deliveries are made in front of the property and, with the new set-back entrance configuration, it will be less congested. Tt was noted that the applicant requested to have the traffic study waived and Ms. Borg did not have the authority to grant the waiver. Chairman Neuer stated that, regardless, the Board will still have the final decision.

Mr. Buechler asked what type of truck makes the deliveries and Mr. Bogan stated they were box trucks. Mr. Buechler asked how many square feet the proposed patio would be. He said that the impervious coverage on the plan shows 47% and they are required to have 35% which means that it would require a variance. Mr. Williams stated that is incorrect, it would be 50%. He stated 35% is required for a conditional use and this is an existing non-conforming use. There was discussion regarding the difference between a conyprehensive personal care facility, which Mr. Williams stated Canterbury Village is, verses an assisted living facility. Ms. Borg stated that West Orange does not deal with the comprehensive personal care use. Chairman Neuer stated that they will view this application as an expansion of a prior non-conforming use. Mr. Buechler told Ms. Borg that there are gaps in the Township ordinance and they should look at these facilities as conforming or non-conforming uses. Ms. Borg stated that there is presently only one of these facilities in town. Mr. Bucchler stated that our ordinance doesn’t deal with this and that the Town Council or the Zoning Ordinance Review Committee should review and address this. Chairman, Neuer asked Mr. Bogan if the residents were not permitted to own cars. Mr. Bogan said that there are no residents who presently own cars but he’s not sure if they are allowed to. He then stated that the average age of a resident is 84 but he would suggest that Mr. Williams consider making that a condition. Mr. Bogan continued to describe the lighting plan. Ms. Borg stated that the light pole fixture that they are proposing is 16’ and she would like to see it lower. Mr. Williams stated that they will make it a condition to drop it to 14’, Mr, Buechler asked Mr. Bogan if any additional exterior lighting, along the new entrance, is being proposed. Mr. Bogan stated that there will be some wall mounted lighting at the entrance. Mr. Buechler asked if there would be any problems with drainage. Mr. Keller stated that there will not be any work done within [5 feet of the stream behind the building. Mr. Bogan stated that he had a FEMA map and Mr. Keller stated that he never received it. Mr. Keller stated that he wants to make sure that there will not be any environmental issues. Mt. Buechler asked Mr. Keller if he had reviewed what Mr. Bogan sent

er stated that he never received it. Mr. Keller stated that he wants to make sure that there will not be any environmental issues. Mt. Buechler asked Mr. Keller if he had reviewed what Mr. Bogan sent him in reply to his concerms and did he satisfy them. Mr. Keller replied that he did satisfy most of them. He referred to #2 of Mr. Bogan’s letter dated 9/22/11. Mr. Keller stated that he was concerned with the steeper slopes opposite the proposed new entrance. He said that if they move the curb line back, at that new entrance, it will make the slope worse. Mr. Keller also stated that it appears the slopes in this area are 20-25% and, in accordance with the Township’s slope ordinance, if they are disturbing the slopes over 25% they will require another variance. Mr. Bogan stated that the slopes were man-made and Mr. Keller stated that the ordinance doesn’t differentiate between man-made and pristine slopes. Mr. Bogan stated that they will perform a steep slope analysis and submit it to Mr. Keller. Mr. Keller reminded Mr.

Bogan that the slope analysis must be in color. Mr. Keller asked Mr, Bogan to also take another look at the grading because he is worried that they are creating a steep slope. Mx. Keller noted to make #10 on page 4 of Mr. Bogans letter dated 9/22/22, which addresses making the proposed leader drain connections to the storm water system added to the plans, a condition. Mr. Keller asked Mr. Bogan if the underground retention system placed in the ground in 1997, that is located under the proposed patio, had been inspected since that time. Mr. Bogan stated that they have been inspected and were in good condition. Mr. Keller expressed a concern regarding ongoing inspections for the system. He stated that the only way to get to it is from the courtyard. Mr. Keller said that if there is a problem it will be a major headache to the owner, There were no more questions for Mr. Bogan. Mr. Williams called his next witness. David Danton approached the podium and was sworn under oath. Mr. Danton stated that he was a licensed architect in the State of New Jersey since 1979, Chairman Neuer asked Mr. Danton if he had ever testified before this Board before and had experience in any projects similar to the size and scope of this one and he replied yes to both. Chairman Neuer accepted his credentials as an architect. Mr. Danton detailed Exhibit A-3 (drawing A1,0) dated 5/10/11 and explained that they will be making an improvement to the internal circulation of the building. He also stated that they will be providing the residents with new amenities. Mr. Danton stated that they will be providing three new resident rooms; two semi-privates and one private, Mr. Danton stated that there will be two courtyards and they will have night lighting. He also stated that the entry point will have ceiling lights that will point down and decorative wall sconces. Chairman Neuer asked if any light will go beyond the courtyard and Mr. Danton stated no. He said that all of the lights will be mounted below the roof line and pointed down. Mr. Buechler questioned the emergency egresses and asked Mr. Danton how high above the ground the stairs for the basement were. Mr. Buechler stated his concern was residents in wheel chairs physically leaving the building. Mr. Danton stated that there are exit points throughout the building where wheel chairs can safely exit the building, He also

his concern was residents in wheel chairs physically leaving the building. Mr. Danton stated that there are exit points throughout the building where wheel chairs can safely exit the building, He also stated that they were originally approved by the Department of Community Affairs. Mr. Buechler asked Mr. Danton which egress did they approve and Mr. Danton pointed out three egresses on the plan. Chairman Neuer said to make it subject to Department of Community Affair approval and if they do not approve this part of the plan then the applicant must come back. Mr. Sussman questioned Mr. Danton about the two staircases and asked them if they were on the east side. Mr. Danton stated that they are on the south eastern side. Mr. Sussman stated that the

way it’s drawn, the exit door is on the landing of the staircase. Mr. Danton stated the exit is not on a landing that you have to go down the stairs to exit. Chairman Neuer stated that they should not allow any residents in the basement and restrict them to the first floor only. Ms. Gabry asked Mr. Danton if cooking will take place in the country kitchen they are proposing. Mr, Danton replied that the kitchen will be utilized as an activity for the residents and its function is for coffee, tea and snacks. Ms. Gabry asked if there will be equipment there that could cause a fire and Mr. Danton stated that the Department of Community Affairs regulates that, Mr. Bullock asked if the Township’s Fire Official will review the plans and Ms. Borg stated yes. Mr. Danton continued by describing the views on Exhibit A-4, the exterior entry and the house located on Mt. Pleasant Avenue and the existing elevation of the building. Mr. Buechler asked Mr. Danton what the house is used for and Mr. Danton stated that it’s the dining area, living space and parlours for the residents. Mr. Bucchler asked Mr. Danton what the height of the house is and Mr. Danton stated that it’s approximately 34-35’ high. He said that the house is 24 stories and 4 stories are permitted in an OB2 zone, but not required. Mr. Danton stated that the new addition will be 18° high. Mr. Buechler asked what the upper floors are used for and Mt. Danton stated that it’s not used for residents at all. He said that no one lives in the upper floors. Mr. Neuer asked Mr. Danton what type of activities will be held in the courtyard and Mr. Danton stated that it will be used for picnics. Mr, Danton stated that the courtyard will also have a patio with some Jandscaping. Mr. Bullock asked Mr, Danton if the third floor of the house is being used for storage and if there is heating and lighting up there. Mr. Danton stated that the third floor is empty space and will not be used for anything in the future. Mr, Danton described all of the materials, for the addition, being used for the new roof, windows and siding. He stated that there will be a variety of textures on the elevations. Mr. Williauss asked Mr. Danton if there will be any outdoor security lighting. Mr. Danton stated that exit lights are required and the parking lot to the entry will be lit. Mr. Williams asked Mr. Danton if there will be any lighting

f there will be any outdoor security lighting. Mr. Danton stated that exit lights are required and the parking lot to the entry will be lit. Mr. Williams asked Mr. Danton if there will be any lighting in the parking lot and Mr. Danton stated yes and that they are relocating two existing light poles. Chairman Neuer asked Mr. Danton if that lighting would be sufficient and Mr. Danton replied yes. Mr. Keller asked Mr. Danton what wattage the sconces were going to be and Mr. Danton said they will not be more than 125 watts. Mr. Keller said that they should consider using less wattage. There were no more questions for Mr. Danton. Mr. Williams called his next witness. Mr, Richard Keller approached the podium and was sworn under oath. Chairman Neuer stated that Mr. Keller has appeared before this Board many times and the Board will accept his testimony as an expert planner. 10

Chairman Neuer asked Mr. Keller if he prepared the Planners report dated 7/15/11 and Mr. Keller replied that he did. Chairman Neuer asked that it be marked as Exhibit A-7. Mr. Keller detailed his report. He described the irregular shape of the lot and all the properties surrounding it. He stated that the purpose of this plan is not just to add thirteen beds but it’s for enhancing the living experience of the residents and guests. Mr. Keller also stated that this addition is a great organizing element. Mr. Keller described the parking lot as being under-utilized because he has only seen four ot five cars at any given time parked there. He also stated that there is ample buffering between the other properties because of the wooded area in the parking lot. Mr. Keller listed all of the variances that they are requesting and explained the positive and negative criteria, as outlined in his report. Chairman Neuer stated that Mr. Keller’s report did not include that this is an inherently beneficial use. Mr. Bucchler asked Mr. Keller who owns the property. Mr. Keller stated that The House of the Holy Comforter owns it. Mr. Sussman asked Mr. Keller about parking and questioned what happens on holidays when families come to visit the residents. Mr. Keller stated that during the holidays residents go off premise. He stated that buses drop them off and pick them up. There were no more questions for Mr. Keller. Mr. Williams summed up and asked the Board to approve this application with the conditions that Mr. Bogan has to submit to Mr, Keller regarding the light pole height and if residents can store cars on premises. Mr, Keller stated that Mr. Bogan also has to revise the operations and maintenance manual. Mr. Williams stated that they have withdrawn their request to waive the tree removal application fee because they have already paid it. Chairman Never asked if there were any comments. Harvey Grossman said that he thought this was a good application. Mr. Quentzel stated that if the applicant changes the use that they must come back before the Board, Chairman Neuer stated that this was a well presented application and made a motion to approve and listed the conditions. Mr, Buechler seconded. The vote was as follows: 11

Bullock: Yes Steinhart: Yes Gabry: Yes Sussman: Yes Chairman Neuer: Yes Weiss: Yes Quentzel: - Buechler: Yes Chairman Neuer stated that this matter will be carried to the November 17, 2011 Zoning Board meeting for the purpose of the adoption of the resolution. CONDITIONS: « Grant waiver of requirement to submit a traffic report * Prohibit residents from bringing, storing or using vehicles they use or lease on site ¢ Light fixtures reduced in height « Mr. Bogan provide steep slope analysis to Mr, Keller — report to be in color e Stripe along front end of driveway removed « Mr. Bogan present Mr. Keller with an updated operations maintenance manual ¢ No wall mounted exterior light fixtures that will bleed light off of the property « All lighting pointed downward ¢ Approval subject to Department of Community Affairs approval and if they require any changes they must be presented to this Board * All residents restricted to main level of the building ¢ Exterior of the addition will match the color of the main house e Install a new piece of sidewalk to the existing north side of the sidewalk * Incorporate a retaining wall and add to the drawings ¢ Third floor of main house cannot be used as a residence e An Ansul suppression system must be installed if any cooking items are installed in kitchen e Add a Jeader drain to the architect plans for final approval ¢ Submit a copy of the stream encroachment permit to Mr. Keller within ten (10) day ADJOURNMENT The meeting was adjourned by Chairman Neuer at 11:05 pay Ociober 27, 2011 WHA, all Rose DeSena Zoning Board Secretary 12