April 17, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING April 17, 2014 The West Orange Zoning Board of Adjustment held a regular meeting on April 17, 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: G. Bullock, D. Gabry, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman ABSENT: B. Buechler (excused absence) A. Weiss (excused. absence) ALSO PRESENT: Paul Grygiel, Consulting Planner Eric Keller, Consulting Engineer Board Attorney, Alice Beirne, Esq. Board Secretary, Rose DeSena Harvey Grossman, Esq., Public Advocate D. Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: April 24, 2014 (Special Meeting) — 8:00 PM May 15, 2014 (Regular Meeting) — 8:00 PM June 19, 2014 (Regular Meeting) — 8:00 PM July 17, 2014 (Regular Meeting) — 8:00 PM Chairwoman Gabry announced that applications ZB-13-16/Feld, ZB-14-00/Wang and ZB-14- 02/E.G. Holdings Corp dba Total Wine and More were scheduled to be heard at this meeting but, due to the busy agenda, the applicants have requested to be carried over to the next regular Zoning Board Meeting held on May 15, 2014. She also announced, for the record, that no further notice will be required for these applications.

Chairwoman Gabry also announced that Zoning Board member, Phil Neuer, was named one of the “Super Lawyers” in New Jersey Monthly. Chairwoman Gabry, along with all the members of the Board, congratulated Mr. Neuer. NEW BUSINESS William Sullivan, Esq. approached the podium. He stated that he is representing Yury Patin who has filed an application with the Zoning Board of Adjustment under docket #7.B-14-04. Mr, Sullivan said that he is here this evening to request a special meeting on behalf of his client. Chairwoman Gabry stated that the Zoning Board has a special meeting on April 24th for the Quick Chek application. She said that she would like to see how far the Board gets with this application at that time and if another special will have to be scheduled for them in May. Mr. Neuer said that this Board has scheduled two applicants for one special meeting in the past and they split the cost of the meeting. Chairwoman Gabry said that she is in agreement with that. The Board members deliberated over special meeting dates in May; Mr. Sussman and Mr. Bullock stated that they are not available on May 22" for a meeting; Mr. Neuer stated that he is not available on May 29" for a meeting. The Board agreed to hold a special meeting on June 5, 2014 for the ZB-14-04 Patin application. MINUTES Adopt the following minutes: March 20, 2014 (Regular Meeting) Chairwoman Gabry asked for a motion to approve the minutes from the regular Zoning Board mecting held on March 20, 2014 as submitted to the Board members. Mr. Neuer made a motion to approve the minutes; Mr. Steinhart seconded the motion and all were in favor. March 27, 2014 (Special Meeting) Chairwoman Gabry asked for a motion to approve the minutes from the special Zoning Board meeting held on March 27, 2014 as submitted to the Board members. Mr. Neuer made a motion to approve the minutes; Mr. Bullock seconded the motion and all were in favor. It was noted for the record that Chairwoman Gabry was present but did not vote on the minutes of the special meeting held on March 27, 2014.

SWEARING IN Consulting Planner for the Township, Paul Grygiel and Consulting Engineer for the Township, Eric Keller were sworn under oath. RESOLUTIONS 1. ZB-13-11/Gavilanez Denied 3/20/14 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 three family dwelling to a hair salon Chairwoman Gabry asked if the Board reviewed this resolution and if ary Member had any comments, Mr. Neuer stated for the record that he feels that denying this application was a terrible mistake. Ms. Beirne stated that Mr. Buechler and Chairwoman Gabry submitted their comments to her for this resolution and that she accepted them. Chairwoman Gabry asked for a motion to adopt the resolution with said revisions. Mr. Sussman made a motion to adopt and Mr. Steinhart seconded the motion. The vote was as follows: Buechler: - Steinhart: Yes Bullock: - Sussman: Yes Merklinger: - Weiss: - Neuer: - Chairwoman Gabry: Yes Quentzel: - APPLICATION(S) 1. ZB-14-01/Communication Infrastructure Corp. Carried from 3/27/14 Block: 111; Lot: 1.03; Zone: B-2 416 Eagle Rock Avenue “D” use variance to install two microwave dishes on an existing tower Chairwoman Gabry stated that she not present for the special meeting on March 27, 2014 and asked Mr. Neuer to preside over the meeting. Mr. Neuer assumed the role as Chairperson for this application. James K, Pryor, Esq., attorney for Communication Infrastructure, approached the podium stating that the applicant appeared before this Board on 4/27/14 at a special Zoning Board meeting. He 3

said that the applicant was required to provide additional information before the Board would vote on the application. Mr. Pryor said that he did provide certification from the Zoning Manager of the property that authorized Communication Infrastructure to proceed with this application but said he was not able to get some of the other documentation for this meeting. He said that it will be up to the Board to vote tonight subject to the Engineer’s data still being required. Mr. Neuer asked Mr. Pryor if he wanted the Board to take a vote at this meeting because there are only five voting members present and he needs three affirmative votes. Mr. Pryor consulted with his client and asked the Board if they could come back at the special Zoning Board meeting on April 24" after having a chance to speak to the Engineer. Chairwoman Gabry stated that she disagreed with Mr. Pryor coming back at the special meeting on April 24" because it would not be fair to the applicant that is paying for the meeting. Mr. Neuer suggested that they could allow Mr. Pryor’s client thirty minutes of that meeting after the break. Chairwoman Gabry reiterated how she felt about this applicant coming to the special meeting and said that she feels that is not the right thing to do. Mr. Pryor said that he would ask the attorney who is representing the applicant who scheduled the special meeting on April 24" if he could have thirty minutes of the meeting. He then asked the Board to have this application carried over to the special hearing date on April 24" or, if there was a problem, carried over to the next regular Zoning Board meeting on May 15". Mr. Neuer asked Mr. Pryor to state the name of the applicant; he replied Communication Infrastructure. Mr. Neuer asked Mr. Pryor if Communication Infrastructure is licensed to operate the system; he said that they have an FCC license which allows them to operate between certain frequency bands. Mr. Neuer stated for the record that Communication Infrastructure will be carried to the April 24" special Zoning Board meeting or that the attorney should check with the Board Secretary if there is a change. He said that no further notice will be necessary. Mr. Neuer stepped down and Ms. Gabry resumed her place as Chairperson. 2. ZB-13-13/Alvarez Carried from 3/20/14 Block: 170; Lot: 15; Zone: R-2 608 Mt. Pleasant Avenue Bulk variances for building a

y. Mr. Neuer stepped down and Ms. Gabry resumed her place as Chairperson. 2. ZB-13-13/Alvarez Carried from 3/20/14 Block: 170; Lot: 15; Zone: R-2 608 Mt. Pleasant Avenue Bulk variances for building a single family house EXHIBITS A-\ — Site plan, page C-1, with a revision date of 1/30/14 A-2 — First and second floor plans ~— 2 sheets.

Todd Drayton, Esq. approached the podium. Mr. Drayton stated that he is the attorney for applicant Jason Alvarez. He said that Mr. Alvarez is not able to attend the meeting this evening, but he is prepared to continue in his absence. Mr. Drayton detailed the application stating that his client is proposing to build a single family house on a vacant lot. He said that he is here appealing to this Board due to a hardship because the lot is undersized. Mr. Drayton said that the engineer will address the issues raised regarding the three variances that are being requested. Mr. Drayton called his first witness. Mark Chisvette approached the podium and was sworn under oath. Mr. Chisvette detailed his educational and professional background as a licensed professional engincer in the State of New Jersey. Chairwoman Gabry accepted Mr. Chisvette as an expert in Professional Engineering. Mr. Chisvette presented page C-1 of the site plan that was submitted to the Board with a revision date of January 30, 2014, Chairwoman Gabry asked to have page C-1 of the site plan marked as Exhibit A-1 for identification. Mr. Chisvette referred to Exhibit A-1 and began detailing the lot. He said that the lot had a house on it at one time but it is now vacant land. Mr. Chisvette said that the lot is fairly steep and that the original dwelling was located very close to the road. He said that they are proposing to build a single family house on the lot but will be moving it back where the slope gets steeper. Mr. Chisvette said that they will also provide parking in the front of the house. Mr. Chisvette said that there is an existing driveway and they will be using the same curb cut. He said that there are three variances associated with this application; one variance is for the disturbance of the steep slope of 25%, one for the height of the retaining wall, which will be five and a half (5.5) fect and the Township ordinance requires it to be no higher than four (4) feet and one variance for the minimum lot area because the lot is 24,560 sq. feet and the Township ordinance requires it 10 be 40,000 sq. feet. Mr. Neuer asked if the height of the retaining wall includes the 3.5’ pipe that they are proposing on top of the wall. Mr. Grygiel said that the fence is set back from the wall and is separate. Mr. Chisvette said that the fence is a wrought iron fence and that the retaining

that they are proposing on top of the wall. Mr. Grygiel said that the fence is set back from the wall and is separate. Mr. Chisvette said that the fence is a wrought iron fence and that the retaining wall is a standard non-mortar block wall. He said that the trees along the retaining wall will remain. Mr. Neuer asked Mr. Chisvette if he has a license as a Professional Planner; he replied no. Mr. Bullock asked Mr. Chisvette when the previous structure on the lot was demolished; he replied he did not know. He said that it was still there in an aerial photograph from 2007. Mr. Drayton said the house was demolished approximately five (5) years ago.

Mr. Keller stated that the driveway use is grandfathered in because the driveway and curb cuts still exist. Chairwoman Gabry asked Mr. Drayton if the applicant is going to occupy the property or rent it; he said he is going to occupy the property. Mr. Chisvette stated that the variances are not a detriment to the neighborhood because they are minor. Mr. Neuer asked Mr. Drayton if Mr, Chisvette will provide testimony regarding the parking spaces; he replied yes. Mr. Chisvette referred to the site plan and detailed the location of the driveway on the plans and where three parking spaces are being proposed, Mr, Neuer said that if a two car garage is being proposed, only one parking space is needed outside of the garage. He said a variance for parking is not needed because you can park a car on the macadam. Mr. Neuer questioned the fence on the applicant’s property and asked if it creates a variance. Mr. Grygiel said that the fence is an existing condition. Mr. Keller said that the lot is small to begin with and that the wood fence encroaches seven or cight feet from the neighbor’s property onto the applicant’s property. He said that this is a question for the Township’s Zoning Officer to see if they had the proper permits and not a Zoning Board matter. Mr. Sussman said that the plans show the fence is going to be re-located by the adjacent homeowner. Mr. Quentzel asked if the sewage will be pumping below grade level; Mr. Chisvette said that they will be installing a sewage pump and it will be shown on the construction plans. Mr. Merklinger questioned the dash lines on the site plans and asked Mr. Chisvette if that was a fence; he said no they are the set-backs. Mr. Keller stated that the area of the limits of disturbance was not identified on the plans. Mr. Chisvette said that the area of the limits of disturbance is shown on page C-2 of the site plan and that it is over 10,000 sq. feet. Mr. Keller said that they will need to file with the Hudson Essex Passaic Soil Conservation District. Mr. Neuer stated this will be a condition if the Board approves this application. Mr. Never asked Mr. Chisvette if he saw the Township Forester’s memo regarding tree removal; he replied yes. Mr. Neuer said that Mr. Linson recommends that they remove two additional white pine trees and asked Mr. Chisvette if there will be any issues in removing them; he replied no. Mr.

val; he replied yes. Mr. Neuer said that Mr. Linson recommends that they remove two additional white pine trees and asked Mr. Chisvette if there will be any issues in removing them; he replied no. Mr. Neuer stated that the Board will incorporate this as a condition approval of this application is granted.

Mr. Keller said that he has concerns with four other trees on the lot surviving construction. He said that one of the trees is along the retaining wall and the tree should either be removed or they should re-work the wall. Mr. Chisvette said that they will address that. Mr. Neuer asked Mr. Keller if Mr. Linson mentions those trees in his report; he replied no. Mr. Neuer said that the applicant can replace the trees with whatever trees of their choice. Mr. Keller asked Mr. Chisvette to address item #10 in his report regarding the amount of fill material that is required for the grading; he replied 205 cubic yards of fill are needed. There were no further questions for Mr. Chisvette from the Board or its Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Chisvette; there were none. Mr. Drayton called his next witness. Margaret Petersen approached the podium and was sworn under oath. Ms, Petersen detailed her educational and professional background as a licensed architect in the State of New Jersey. Chairwoman Gabry accepted Ms, Petersen as an expert in Architecture. Ms. Petersen presented the first and second floor architectural plans. Chairwoman Gabry asked to have the two sheets of the first and second floor architectural plans marked as Exhibit A-2 for identification. Mr. Quentzel asked Ms. Petersen what the height of the basement will be; she replied 8’. Ms. Petersen said that the basement has windows but is not a walk out basement. Mr. Quentzel asked Ms. Petersen if the applicant has any plans to finish the basement; she said she does not think so. There were no further questions for Ms. Petersen from the Board of the Professionals. Chairwoman Gabry asked if any members of the public had any questions for Ms. Petersen; there were none. Mr. Drayton suramed up by stating that the relief is de minimus and that the hardship is duc to the lot being undersized which is an existing condition. He said that the applicant is proposing a modest 3000 sq. foot structure that will not do any harm to the zoning plan or ordinance. Mr. Drayton said that he is requesting the Board to approve this application. Chairwoman Gabry closed the hearing. Mr. Quentzel stated that this will be a great addition to the town and he will vote to approve.