April 17, 2014

Mr. Neuer said that the applicant provided sufficient evidence for the three “C” variances and recommends that the Board approve this application. Mr, Neuer said that he will offer a motion to approve this application with the following conditions: e The applicant must file an application to and receive approval from the Hudson Essex Passaic Soil Conservation District. « The applicant must comply with all the requirements in the Township Forester, John Linson’s memo, « The 24” and 38” white pine trees shall be removed Chairwoman Gabry seconded the motion to approve the application. Mr. Merklinger said that he is hung up on the agreement with the neighbor regarding the fence and would like the applicant to get something in writing for the Board. Mr. Neuer asked Mr. Keller if revised plans are required to be submitted; he said yes. Mr. Keller said that the plans should show the trees being removed. Mr. Neuer advised Mr. Drayton to have the applicant get something in writing from the neighbor regarding moving the fence and submitting that to the Board Secretary when the revised plans are submitted. The vote was as follows: Buechler: - Steinhart: Yes Bullock: Yes Sussman: Yes Merklinger: Yes Weiss: - Neuer: Yes Chairwoman Gabry: Yes Quentzel: Yes Chairwoman Gabry called for a recess at 9:17 pm. Chairwoman Gabry resumed the meeting at 9:29 pm. 3. ZB-13-19/ Amanuel Ethiopian Orthodox Tewahedo Church Carried from 3/20/14 Block: 11; Lot: 17; Zone: R-M 15 Dean Street “D” variance for conditional use and several “C” variances for the conversion of an existing commercial garage into a House of Worship EXHIBITS A-| ~ Site plans (2 sheets) revision date of 12/3/13

A-2 — Six photographs A-3 — Architectural plans (3 sheets) dated 11/12/13 A-4— Photo Board A-5 ~ Photoshop photo board A-6— Sign Board Joseph A Vena, Esq., attorney for the applicant, approached the podium. Mr. Vena detailed the application stating that the applicant is proposing to replace a truck depot with a House of Worship. He said that a House of Worship is a conditional use but there are a few conditions that they do not meet and it also requires a few bulk variances. Mr. Vena said that Mr. Ghebremicael will be testifying along with the Engineer, Architect and Planner of this project. Mr. Vena called his first witness. Teskeste Ghebremicael approached the podium and was sworn under oath. Mr. Vena asked Mr. Ghebremicael how long he has been associated with this church; he replied seven (7) years. He listed the different locations that the Church has been utilizing and stated that they have been looking for a permanent location for the past two years. Mr. Ghebremicacl said that they were going to purchase a building on Meeker Street but the property was contaminated and they did not buy it. He said they are currently renting space in the basement of another church and need more space. Mr. Ghebremicael said that there are approximately 80-85 families in the Congregation and even more people attend services at the church on holidays. Mr. Vena asked Mr. Ghebremicael where the members live; he said that most of the members live in West Orange and they want to remain in West Orange. There were no questions for Mr. Ghebremicael from the Board or the Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Ghebremicael; there were none. Mr. Vena called his next witness. Anthony Marucci approached the podium and was sworn under oath. Mr. Marucci stated that he has testified before this Board many times as a licensed Engineer in the State of New Jersey. Chairwoman Gabry stated that the Board has heard his educational and professional background. many times before and accepted him as an expert in Engineering. Mr. Marucci said that he was hired by the applicant to survey the property and presented two sheets of the site plans that were submitted with the application. Chairwoman Gabry asked to have the two sheets of the site plans with the revision date of 12/3/13 marked as Exhibit A-1 for identification. Mr. Marucci

plans that were submitted with the application. Chairwoman Gabry asked to have the two sheets of the site plans with the revision date of 12/3/13 marked as Exhibit A-1 for identification. Mr. Marucci referred to Exhibit A-1 and detailed the property and the existing conditions.

Mr. Marucci presented photos and Chairwoman Gabry asked to have the photos marked as Exhibit A-2 for identification. Chairwoman Gabry asked Mr. Marucci if he took the photos and do they accurately depict the property conditions on the date he took them; he replied yes. Mr. Marucci referred to the photos and began detailing them. He said that the applicant will be re-striping the spaces in the parking lot. Mr. Marucci said that the Township ordinance requires one parking space for every three seats and that the applicant has met that requirement. He said that they are also providing one handicap parking spot. Mr. Marucci stated that the applicant is proposing a better circulation pattern, landscaping in the front of the building and replacing the fence along Dean Street and Valley Road with decorative fencing. He said that the site is 100% impervious. Mr. Marucci said that a House of Worship is permitted as long as the conditions are met. He said they have not met the condition requirement for the size of the building, they cannot provide the 50” wide buffer adjacent to all the property lines and they cannot meet the landscaping requirement in the parking area because they will lose parking spaces. Mr. Marucci referred to the Omland Engineering report, prepared by Mr. Keller, and addressed the twelve items in the report: #1 — depicting the set-backs on the plans; they will comply #2 — depicting the screening of the HVAC units on the plans; they will comply #3 — details of ADA parking signage published on the plans; they will comply #4 — they will work with Mr. Keller regarding moving the handicap space #5 — they cannot connect the sidewalk to the building because there will be a fence with a rolling gate in the front of the building for security reasons #6 — will be addressed by the architect #7 — will be addressed by the architect #8 — the use is basically on Sundays; less frequent than the current use. #9- they are not proposing the six trees that are required but they will plant one tree in each of the three aisles e #10—plans should publish proposed drive aisle widths within the parking area; they will comply #11 — will be addressed by the architect e #12 -— the existing water service is sufficient for the use Mr. Metklinger asked Mr. Marucci if they considered angle parking in the corners of the parking lot; he said they considered it

rchitect e #12 -— the existing water service is sufficient for the use Mr. Metklinger asked Mr. Marucci if they considered angle parking in the corners of the parking lot; he said they considered it but they need that space for snow removal. Chairwoman Gabry asked Mr. Keller if he is satisfied with the applicant planting three trees instead of six trees; he replied yes. 10

Mr. Quentzel stated that there are a lot more people coming to the site and asked if the water service is sufficient for the increased amount of people; he replied yes. Mr. Neuer asked Mr. Marucci if they could put a couple of trees on the south side of the property; he said if there is some room they could. Mr. Sussman asked Mr. Marucci if they will be paving the entire parking lot; he said that he did not know. Mr. Ghebremicael said that they will seal coat the parking lot instead of paving it, remove the weeds and stripe the parking spaces. Mr. Keller said that the damaged areas of the parking lot need to be repaired especially the cracks pot holes. Mr. Keller said that he will agree that the applicant will not extend the sidewalk to the site due to safety reasons. There were no further questions for Mr. Marucci from the Board or its Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Marrucci; there were none. Mr. Vena called his next witness. Peter Ricci approached the podium and was sworn under oath. Mr. Ricci detailed his educational and professional background as a licensed Professional Planner and Architect in the State of New Jersey. He said that he is not testifying as a Planner but as an Architect. Chairwoman Gabry accepted Mr. Ricci as an expert in architecture. Mr. Neuer stated that Mr. Ricci served nobly as a member of this Zoning Board for many years. Mr. Ricci said that being involved in the process he has learned a lot about the Ethiopian culture and their Holy Days. He presented three (3) sheets of the architectural plans dated 11/12/13. Chairwoman Gabry asked to have the architectural plans dated 11/12/13 marked as Exhibit A-3 for identification. Mr. Ricci referred to the architectural plans and detailed the demolition plan and the proposed floor plan. He said that the existing building has garages and offices and they are proposing to remove the interior walls of the garages to provide seating for 130 people. Mr. Ricci said that there will be a food preparation area in the back but there will not be any cooking done on the premises and there will not be a dishwasher. Mr. Ricci detailed the exterior of the building and the side elevations. He said there are large overhead doors for trucks which will be filled in with bricks to match as closely as possible the front brick fagade of the

he exterior of the building and the side elevations. He said there are large overhead doors for trucks which will be filled in with bricks to match as closely as possible the front brick fagade of the building. 11

Mr. Ricci presented a photo board of the existing building that was included in the application package. Chairwoman Gabry asked to have the photo board of the existing building marked as Exhibit A-4 for identification. Mr. Ricci presented another photo board of the proposed building. He said that he took the original pictures and photo shopped them to show the proposed building. Chairwoman Gabry asked to have the photo board of the proposed building marked as Exhibit A-5 for identification. Mr. Ricci referred to the photo board and detailed the existing building and the proposed building. He said they are proposing to install a black iron fence along the property line on Dean Street and Valley Road. Mr, Ricci said that they will install the landscaping to fit into the residential neighborhood and fill in the garage doors with brick. Mr. Ricci presented a photo board of the signage that is being proposed. Chairwoman Gabry asked to have the photo board of the signage marked as Exhibit A-6 for identification. Mr. Ricci referred to Exhibit A-6 stating that the sign will be located on the side of the building. He said that the sign will include the Church’s name in its native tongue with green lettering on a yellow background with a red crucifix will be on the top. Mr. Ricci said that the sign will be in their traditional colors of red, green and yellow. Chairwoman Gabry asked Mr. Ricci if the sign will include anything reflective; he replied no. He said that nothing on the sign will be lit. Mr. Quentzel asked Mr. Ricci if the building would be more aesthetic if it had a window; he replied no. He said that a window will not work for a church’s functions because that is where the altar will be located. Chairwoman Gabry asked if they are proposing lighting outside of the building. Mr. Neuer asked if there is a lighting plan. Mr. Marucci approached and said that there are existing lights on the outside of the building and they are sufficient. He said the site plans show the lights that are mounted on both sides of the building. Mr. Marucci said that, as a condition of approval, he will submit a lighting plan. Mr. Neuer said that he wants to make sure there is no spillage onto the neighbor’s property. Mr. Ricci said he will address items #6, 7, and 11 in the Omland Engineering memo, prepared by Mr. Keller: #6 — regarding the Knox box ; they will

there is no spillage onto the neighbor’s property. Mr. Ricci said he will address items #6, 7, and 11 in the Omland Engineering memo, prepared by Mr. Keller: #6 — regarding the Knox box ; they will comply #7 - placement of fire zones on site on the plans; they will comply with what the fire official wants « #11 —There is only one floor drain and it will be capped and sealed to code 12

Mr. Ricci stated that two new HVAC units will be installed on the flat roof top; one air conditioning unit and one heating unit. He said that the Township ordinance requires a minimum of three feet of screening around the units. Mr, Ricci said that if they do put screening around the units, the screening will be more visible than the units without the screening. Mr. Neuer asked Mr. Grygiel if that would be a variance or a waiver; Mr. Grygiel said that if it is in the ordinance then it will require a variance. Mr. Vena said that he would like to amend the application to include the variance for the screening around the HVAC units. Chairperson Gabry accepted the amendment as a minor one. Mr. Ricci stated that the sewer line is four inches and the current water line is one inch. He said that they expect it to be sufficient and if they need it to be bigger then they will comply. Mr. Keller asked Mr. Ricci where people will enter the building; he referred to the architectural plans showing the primary entrance and the secondary means of ingress and egress. He said that there is a third means of ingress and egress through a room where the priests robe which will not be used by the public. Mr. Ricci stated that Houses of Worship are exempt from ADA standards but the applicant will comply with the ADArequirements. Mr. Keller asked Mr. Ricci where the handicap spaces will be located; he said on either side of the door adjacent to the building. There were no further questions for Mr. Ricci from the Board or its Professionals, Chairwoman Gabry asked if any members of the public had any questions for Mr. Ricci; there were none. Mr. Vena called his next witness. George Wheatle Williams approached the podium and was sworn under oath. Mr. Williams detailed his educational and professional background as a Professional Planner licensed in the State of New Jersey. Mr. Neuer asked Mr. Williams if he submitted the planner’s report from the Nishuane Group; he replied yes. Mr. Neuer asked Mr. Williams if he read the entire report into evidence would that be the basis of his testimony; he replied yes. Chairwoman Gabry asked to have Mr. Williams report marked as Exhibit A-7 in evidence. Mr. Vena said that he would like Mr. Williams to go directly to the variances, 13