May15, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING May 15, 2014 The West Orange Zoning Board of Adjustment held a regular meeting on May 15, 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: B. Buechler, D. Gabry, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman, A. Weiss ABSENT: G. Bullock (excused absence) W. Merklinger (excused absence) ALSO PRESENT: Paul Grygiel, Consulting Planner Frank Russo, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary H. Grossman, Esq., Public Advocate D. Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: May 29, 2014 (Special Meeting) — 8:00 pm June 12, 2014 (Special Meeting) — 8:00 pm June 19, 2014 (Regular Meeting) — 8:00 pm July 17, 2014 (Regular Meeting) — 8:00 pm August 21, 2014 (Regular Meeting) — 8:00 pm Chairwoman Gabry announced that applications 7B-14-02 for E.G. Holdings dba Total Wine and More and ZB-14-00 for Wang, that were scheduled to be heard at this meeting, are being carried to the June 19, 2014 Zoning Board of Adjustment meeting at the request of these applicants. She also announced, for the record, that no further notice will be required for these applications.

MINUTES Adopt Minutes: April 17, 2014 (Regular Meeting) Chairwoman Gabry asked for a motion to approve the minutes from the regular Zoning Board meeting held on. April 17, 2014 as submitted to the Board members. Mr. Neuer made a motion to approve the minutes as submitted; Mr. Steinhart seconded the motion and all were in favor. It was noted for the record that Mr. Buechler and Ms. Weiss were present but did not vote on these minutes. Adopt Minutes: April 24, 2014 (Regular Meeting) Chairwoman Gabry asked for a motion to approve the minutes from the special Zoning Board meeting held on April 24, 2014 as submitted to the Board members. Mr. Sussman made a motion to approve the minutes as submitted; Chairwoman Gabry seconded the motion and all were in favor. Tt was noted for the record that Mr. Buechler was present but did not vote on these minutes. SWEARING IN Consulting Planner for the Township, Paul Grygiel and Consulting Engineer for the Township, Frank Russo ‘were sworn under oath. RESOLUTIONS 1. ZB-13-13/Alvarez Approved 4/17/14 Block: 170; Lot: 15; Zone: R-2 608 Mt. Pleasant Avenue Bulk variances for building a single family house. Chairwoman Gabry asked if the Board reviewed this resolution and if any Member had any comments. Ms. Beirne stated that Mr. Neuer 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. Neuer made a motion to adopt and Mr. Sussman seconded the motion.

The vote was as follows: Buechler: - Steinhart: Yes Bullock: - Sussman: Yes Merklinger: - Weiss: - Neuer: Yes Chairwoman Gabry: Yes Quentzel: Yes 2. 7ZB-13-19/ Amanucel Ethiopian Orthodox Tewahedo Church Approved 4/17/14 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. Chairwoman Gabry stated that amended site plans were required to be submitted to the Board ten days before this hearing and that three or four items were to have been shown on these revised plans. She stated that because some items were still missing from the plans she is suggesting that they table this resolution until revised plans are submitted. Mr. Neucr said that he agrees that the resolution should not be adopted because, among other things, the handicapped parking must be shown on the site plans. ‘The Board agreed that this resolution should not be adopted at this meeting. The vote should not occur until amended site plans are submitted at least ten days prior to a Zoning Board meeting. Mr. Neuer stated for the record that based upon the signature on the form which is part of the application, the statutory waiver will carry throughout for this application. APPLICATION(S) 1. ZB-14-01/Communication Infrastructure Corp. Carried from 4/17/14 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 was not present for the special meeting on March 27, 2014 when this application was first heard and asked Mr. Neuer to preside over the meeting. Mr. Neuer assumed the role as Chairperson for this application. Dean Stamos approached the podium and stated that he is appearing for James Pryor, Esq. the attorney for this application. Mr. Neuer stated that at the last meeting the applicant was directed to submit certain documents to this Board ten (10) days before this meeting. That was not done until letters were submitted by the Applicant today. He said that he would have liked to have heard testimony from the Engincer and not be required to rely upon a letter certification. Mr, Neuer asked Mr. Stamos if he understood that the issue regarding antennas not functioning is a significant issue and the letter that has just today been submitted to the Board does

certification. Mr, Neuer asked Mr. Stamos if he understood that the issue regarding antennas not functioning is a significant issue and the letter that has just today been submitted to the Board does not tell the Board Members what they need to know. Mr. Stamos said that the letter does answer the question raised by the Board. He also said that 3

the letter is signed by professional engineers regarding the structural integrity of the tower. Mr. Neuer said that the Board’s concern was regarding the antennas which are no longer functioning and were required to be removed from the tower. He said that there is nothing in this letter that tells them that explains what has been removed. Mr. Sussman stated that the letter they submitted was dated a year ago; Mr. Stamos said that was a mistake. He said that the date of 4/30/13 was a typo and should be 4/30/14. Mr. Neuer said that the Board has very relaxed rules about certain types of evidence but this letter is not credible; he said that he has no idea who even wrote this letter. Chairwoman Gabry said that it appears that someone wrote the letter in April and the other person simply signed off on it in May. Ms. Weiss said that the information that the Board wants to confirm is that every antenna not in use has been removed and asked if that is what this letter is certifying. Mr. Neuer said that the vast majority of this letter is about the structural integrity of the tower; he said that the Board is concerned about all the non-operational antennas having been removed from the tower. Alice Beirne stated that the Board needs some type of certification that all of the non-operational antennas have been removed. Mr. Buechler said that the Board asked for several things that Mr. Pryor had to submit to them. He said that the structural integrity of the tower was taken care of but the prior resolution condition regarding the non- operational antennas having been removed was not. Mr. Buechler said that the Board also required these documents to be submitted at least ten (10) days before this meeting and Mr. Pryor did not do that. Mr. Stamos said that the letter does state that the non-operational antennas have been removed; Mr. Neuer said that the letter does not say all of the antennas on the (ower are operational and sound. Mr. Neuer stated that Mr. Pryor must come back before this Board. He said that he must also clarify what the dates are in the letter that has been submitted to the Board. Mr. Neuer stated that this application will be carried to the next Zoning Board meeting on 6/19/14 and the applicant must submit all required documentation at least ten (10) days prior to that date. He also stated for the record that no further notice is required to

Zoning Board meeting on 6/19/14 and the applicant must submit all required documentation at least ten (10) days prior to that date. He also stated for the record that no further notice is required to be given. Mr, Neuer then stepped down from the Chair and Chairperson Gabry resumed her position as presiding officer. 2. ZB-13-16/Feld Carried from 4/17/14 Block: 97; Lot: 24.03; Zone: R-1 62 Tulip Avenue “D” height variance to construct a two story single family home EXHIBITS A-I - Sheet one of the site plan, with the revision date of 4/1/14, prepared by Casey and Keller A-2 - Sheets 3, 4, 5, 6 and 7 of the architectural plans, prepared by Heyrich Architects, dated 12/23/13 4

A-3 - Sheets 5, 6, and 7 of the architectural elevations plan, prepared by Heyrich Architects, with the revised date of 3/26/14 A-4 - Sheet 2 of the lower level floor plans, prepared by Heyrich Architects, dated 12/23/13 A-5 — Sheet 1 of the landscaping plan, prepared Casey & Keller, with the revision date of 4/1/14 A-6 — Sheet 1 of the colored rendering landscaping plan, prepared by Casey & Keller, with the revision date Of 4/1/14 A-7 ~ Photo board #1, photo board #2 and aerial photo prepared by Casey & Keller dated 5/14/14 Robert Simon, Esq., attorney for the applicant, approached the podium. Mr. Simon stated that Mr. Feld has reached out to the Committee of Managers for Llewellyn Park and that he also met with neighbors regarding landscaping. Mr. Simon said that the applicant is proposing to build a two-story single family home with an attached three car garage on a flag lot. He said that a D6 variance for the height is being requested because it is in excess of ten (10%) percent above the maximum height allowed by the Township’s ordinance. Mr. Simon stated that all the required set-backs on this lot are met. Mr. Neuer observed that the original application did not include references to an attorney or a professional planner and asked Mr. Simon if he would like to amend the application, on the record, to include an attorney and a professional planner. Mr, Simon amended the application to include an attorney and a professional planner. Mr. Neuer referred to a prior resolution of approval for the sub-division which created this lot and in specific regarding the need for a rear yard variance. Mr. Simon said that the variance in that resolution dealt with a structure that has since been removed. Mr. Simon stated that two witnesses will be testifying; John Heyrich, the architect and Richard Keller, the Engineer and Planner for this project. John Heyrich approached the podium and was sworn under oath. Mr. Heyrich detailed his professional background as a licensed architect in the State of New Jersey. He said that he has been licensed since 1983 and has testified many times before Boards for projects similar to this one. Chairwoman Gabry accepted Mr. Heyrich as an expert in Architecture. Mr. Heyrich presented the architectural plans and stated that he prepared them for this application along witb members of his office. There was some confusion

. Heyrich as an expert in Architecture. Mr. Heyrich presented the architectural plans and stated that he prepared them for this application along witb members of his office. There was some confusion regarding the architectural plans; Mr. Heyrich stated that there were seven sheets of the architectural plans and Mr, Buechler said that the Board only has three sheets of the plans, Mr. Grygiel said that there are two different sets of the plans; the revised plans that were submitted did not include all of the original seven sheets that were submitted with the application. Chairwoman Gabry stated that her architectural plans denote sixteen (16) sheets; Mr. Heyrich stated that the mechanical architectural plans will contain sixteen (16) sheets. Mr. Simon stated for the record that he will have Mr. Heyrich go through the architectural plans sheet by sheet to make sure that they are the same plans that were submitted to the Board. 5

Mr. Neuer stated that the site plan should be Exhibit A-1 and the architectural plans should be second. Chairwoman Gabry asked to have sheet one of the site plan with the revision date of 4/1/14, prepared by Casey and Keller, marked as Exhibit A-1 for identification, Chairwoman Gabry asked to have sheets 3, 4, 5, 6 and 7 of the architectural plans prepared by Heyrich Architects dated 12/23/13 marked as Exhibit A-2 for identification. Chairwoman Gabry asked to have sheets 5, 6, and 7 of the architectural elevations plan prepared by Heyrich Architects, with the revised date of 3/26/14, marked as Exhibit A-3 for identification. Chairwoman Gabry asked to have sheet 2 of the lower level floor plans prepared by Heyrich Architects, dated 12/23/13, marked as Exhibit A-4 for identification. Mr. Heyrich referred to the architectural plans and detailed the home’s style as being of “French design”. Mr. Simon asked Mr. Heyrich if the design of the house fits in well with the other homes in the area; he replied yes. Mr. Simon asked Mr. Heyrich if the scale will look proportionate to the house; be replied yes. He said that it is consistent to the other homes in the area. Mr. Neuer asked Mr. Heyrich why there are two windows on the plans marked “egress”. Mr. Heyrich said that it is a window that is required in every house by the fire department so that someone could get out in case of a fire. Mr. Heyrich noted two chimneys on the plans and stated that they are fake and have no function. He said that the pipes and venting go through these chimneys. Mr. Neuer asked Mr. Heyrich if the chimney increases the height. Mr. Simon said that the definition of the Township ordinance is to the height of the roof. Mr. Grygiel said that the definition is correct; that it is to the height of the roof. He said that there are exceptions such as cupolas and chimneys and they shall not exceed ten (10) feet. Mr. Heyrich said that there is one chimney that is functional for the fireplace in a bedroom. There were no further questions for Mr. Heyrich from the Board or its Professionals. Chairwoman Gabry asked if any members of the public had any questions for Mr. Heyrich; there were none. Mr. Simon called his next witness. Richard Keller approached the podium and was sworn under oath. Mr. Keller detailed his educational and professional background as a Professional Engineer and a

ne. Mr. Simon called his next witness. Richard Keller approached the podium and was sworn under oath. Mr. Keller detailed his educational and professional background as a Professional Engineer and a Professional Planner licensed in the State of New Jersey. He said that he also possesses a master’s degree in architecture and has appeared before this Board many times. Chairwoman Gabry accepted Mr. Keller as an expert in Engincering and Planning. Mr. Keller presented the landscaping plan and a colorized rendering of the landscaping plan, both dated 4/14/14. Chairwoman Gabry asked to have the landscaping plan dated 4/14/14 marked as Exhibit A-5 and the colorized rendering of the landscaping plan dated 4/14/14 marked as Exhibit A-6 both for identification. 6