April 17, 2014

Mr. Williams stated that this application requires bulk variances and a “D” variance. He said that the structure on the lot makes it impossible to meet the standard zoning requirements. Mr. Williams said that it is an irregularly shaped lot so they are not able to meet the front yard set- backs or the maximum lot coverage. He said that the applicant is also proposing to forego landscaping in favor or more parking Mr. Williams said that there is no detriment to the public good and he detailed all of the improvements justifying the deviations. Mr. Williams commented on the zoning requirement for the screening of the HVAC unit stating that this requirement was meant to screen larger units as not to create an eyesore. Mr. Merklinger asked Mr. Williams where the ingress and egress to the site will be; he replied on Dean Street. Mr. Merklinger said he is concerned about the traffic coming in and out of the site and asked the witness to identify the closest entrance to Valley Road. Mr. Marucci approached the podium and said that the traffic will be mostly on Sundays and there is plenty of distance from Valley Road and the driveways. He said that there will be one way in and one way out. ‘There were no further questions for Mr. Williams from the Board or its Professionals, Chairwoman Gabry asked if any members of the public had any questions for Mr. Williams; there were none. Mr. Vena summed up, stating that he is happy with the comments and the testimony. He said that the burden of proof that they had to meet was satisfied and he asked the Board to give the application a positive vote. Chairwoman Gabry closed the hearing. Mr. Bullock said that he felt that this will benefit the neighborhood and transform Dean Street and that he is in favor of the application. Mr. Neuer said that he is in favor of the application. Mr. Quentzel said that this is a good application and that he is in favor of the application. Mr. Steinhart said that he is in favor of the application, Mr. Sussman said that this is an improvement to the property and that he is in favor of the application. Chairwoman Gabry said that this is a great use for the property and that she is in favor. Chairwoman Gabry asked for a motion. 14

Mr. Neuer offered a motion to approve the application with the following conditions: ¢ Applicant will comply with comments set forth in the memo from Omland Engineering dated 2/3/14 except for items #2 & 5. ¢ Applicant will comply with comment #9 in the memo from Omland Engineering dated 2/3/14 by planting three additional trees in each aisle instead of the required 6 trees. e The variances granted are for the set-backs, the buffering and the landscaping in the parking lot. * Variance for the screening of the HVAC units granted based on the commentary provided is granted, e Applicant must remove the vegetation from the parking lot, fix the cracks, repair the pot holes, seal coat and install new striping. e Applicant’s Engineer must submit a lighting plan to the Board Secretary and Omland Engineering ten (10) days before the next Zoning Board meeting on May 15, 2014. e Applicant must install an “entrance only” sign and an “exit only” sign in the driveways. Mr. Neuer stated for the record that the Planners report submitted by Mr. Williams is one of the finest reports that has been submitted to this Board during Mr. Neuer’s tenure. He said the commentaries and conclusions formed the sufficient basis that all requirements were met for the variances, The opinions rendered are based upon analysis of the facts and are not mere net opinions. Mr. Keller recommended a condition, regarding item #5 in his report, that the applicant must connect the sidewalk to the site but not to the building. Mr. Neuer accepted this amendment to the proposed motion. Mr. Neuer stated that the West Orange Downtown Alliance suggested merchant parking in the Church parking lot but he has a problem with public safety and insurance issues. Chairwoman Gabry seconded the motion to approve. The vote was as follows: Buechler: - Steinhart: Yes Bullock: Yes Sussman: Yes Merklinger: Yes Weiss: - Neuer: Yes Chairwoman Gabry: Yes | Quentzel: Yes 15

The meeting was adjourned by Chairwoman Gabry at 10:46 Adopted: May 15, 2014 W774 hb 16 Rose DeSena / Yoni Board Secretary