July 17, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING July 17,2014 The West Orange Zoning Board of Adjustment held a regular mecting on July 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: B. Buechler, G. Bullock, D. Gabry, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman, A. Weiss ABSENT: None ALSO PRESENT: Kate Keller, Consulting Planner Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary H. Grossman, Esq., Public Advocate D, Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: July 24, 2014 (Special Meeting) — 8:00 pm August 21, 2014 (Regular Meeting) ~ 8:00 pm September 18, 2014 (Regular Meeting) — 8:00 pm October 23, 2014 (Regular Meeting) — 8:00 pm Chairwoman Gabry stated that application ZB-14-04 for Patin and ZB-14-06 for New Cingular Wireless, were both scheduled to be heard at this meeting; both applicants have requested to be carried over to the next regular Zoning Board meeting held on August 21, 2014. Chairwoman Gabry granted the requests and stated for the record that no further notices will be necessary for both applications.

REORGANIZATION Vote: A motion to nominate Mr. Buechler for Chairman was made by Chairwoman Gabry and Mr. Neuer seconded the motion. There were no further nominations for Chairperson. Chairwoman Gabry called for the vote and it was voted upon all to none. The motion was approved. A motion to nominate Mr. Neuer for Vice-Chairman was made by Mr. Buechler and Chairwoman Gabry seconded the motion. There were no further nominations for Vice-Chairperson, Chairwoman Gabry called for the vote and it was voted upon all to none. The motion was approved. A motion to re-appoint Ms. DeSena as Secretary was made by Mr. Neuer and Chairwoman Gabry seconded the motion. Chairwoman Gabry called for the vote and it was voted upon all to none. The motion was approved. A motion to re-appoint Ms. Beirne as Board Attorney was made by Mr. Neuer and Chairwoman Gabry seconded the motion. Chairwoman Gabry called for the vote and it was voted upon all to none. The motion was approved. A motion to re-appoint Debbie Dillon t/a Audio Digital Transcription Services as Board Transcriber was made by Mr. Neuer and Mr. Steinhart seconded the motion. Chairwoman Gabry called for the vote and it was voted upon all to none. The motion was approved. SWEARING IN Consulting Planner for the Township, Kate Keller was sworn under oath. MINUTES Adopt Minutes: June 19, 2014 (regular meeting) Chairman Buechler made a motion to approve the minutes from the June 19, 2014 regular Zoning Board of Adjustment meeting as submitted to the Board members; Mr. Neuer seconded the motion and all were in favor. Jt was noted for the record that Ms. Gabry. Mr. Quentzel and Mr. Merklinger were present but did not vote on these minutes. Mr. Bullock asked Chairman Bucchler if the Zoning Board would be re-aligning itself with the Township Ordinance regarding changing the terms of all elected Officials and Board members 2

from July 1 to January 1; Chairman Buechler said that the Board will have to modify the Zoning Board Rules of Procedures. Chairman Buechler stated that Ms. Gabry was not present for the previous hearings for Communication Infrastructure, E.G. Holding Corp. and Prakash Properties and that she is being excused for the remainder of the meeting. APPLICATIONS 1. ZB-14-01/Communication Infrastructure Corp. Carried from 6/19/14 Block: 111; Lot: 1,03; Zone: B-2 416 Eagle Rock Avenue “D” use variance to install two microwave dishes on an existing tower James Pryor, Esq., attorney for the applicant, approached the podium. Chairman Buechler asked Mr. Pryor if the bird’s nest on the Richland tower was removed; Mr. Pryor stated that the nest was deemed inactive and removed along with the antennas that were inactive. Chairman Buechler stated that this application has been carried many times and that Mr. Pryor has supplied the Board with the appropriate documentation that was required. Chairman Buechler asked if any Board members had any comments. Mr. Neuer stated that the applicant provided the Board with the requested documentation in acceptable form thereby satisfying the Board’s request. Chairman Buechler made a motion to approve the application with the following conditions: * Going forward, all antennas which become inactive must be removed within 90 days from the date of such inactivity. e The new antennas must be painted to match the color of the tower. Mr. Neuer seconded the motion to approve the application. The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: Yes Sussman: Yes Merklinger: - Weiss: Yes Neuer: Yes Chairwoman Gabry: - Quentzel: Yes

2. ZB-14-02/E.G. Holdings Corp. dba Total Wine Carried from 6/19/14 Block: 155.21; Lot: 40; Zone: P-C 495 Prospect Avenue “C” variance to install a flush mounted sign to the facade Rosemary G. Vinitsky Esq., attorney for the applicant, approached the podium. Chairman Buechler stated that at the last Zoning Board meeting held on June 19, 2014, the consensus of the Board was that the proposed signage was too large and the Board requested that the applicant consider scaling it down. He said that the Board received a revised sign drawing prepared by Image Works dated 6/27/14 showing that the sign was scaled back and the sizes of the letters were proportionately reduced per the request of the Board. Mr. Neuer asked Ms. Vinitsky if the sign will still be illuminated; she replied yes. Mr. Neuer asked Ms. Vinitsky what hours the sign will be lit; she said they will comply with the Township Ordinance. Chairman Buechler stated that at the last hearing the applicant provided testimony that as with all signs in the Essex Green Plaza, the lights are to go off when the store closes and said that he will recommend that as a condition of approval. Chairman Buechler asked if any members of the public had any comments; there were none. Chairman Buechler made a motion to approve the application with the following condition: ¢ = The sign will be lit only when the store is open and the lights on the sign are to go off within a half hour after the store closes. Mr. Neuer seconded the motion to approve the application. The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: Yes Sussman: Yes Merklinger: - Weiss: Yes Neuer; Yes Chairwoman Gabry: - Quentzel: - Joseph A. Vena, Esq. approached the podium. Mr. Vena stated that he is the attorney for the ZB- 14-03 Prakash Properties application and asked Chairman Buechler if he could have ten minutes to speak to Kate Keller, P.P., who is representing our consulting Planner Paul Grygiel at this meeting. Chairman Buechler asked Mr, Vena if it would be OK if the Board heard the next application on the agenda while they waited for Mr. Vena to proceed; he replied yes. 4

3. ZB-14-07/Katz Block: 176.16; Lot: 11; Zone: R-5 12/14 Dale Drive Seeking two “C” variances, one for rear yard setback and the other for maximum lot coverage for the expansion of an existing kitchen. Alexandra Rimer and David Katz approached the podium and were sworn under oath. Chairman Buechler stated for the record that he knows Mr. Katz and asked Ms, Beirne if there would be a conflict. Ms. Beirne asked Chairman Buechler if he has any financial interest in this application; he replied no. Ms. Beirne stated that there is no conflict. Ms. Rimer detailed the application and stated that they would like to “bump out” their existing kitchen, creating a breakfast room in the rear of the house. Chairman Buechler asked Ms, Rimer if they received any comments from any of their neighbors; she said that they only received positive comments from their neighbor to the right of them. Chairman Buechler asked Ms. Rimer if they will be using a licensed contractor to do the work; she replied yes. Ms. Sussman referred to a photo of the rear of the house and asked Ms. Rimer if there will be an open area underneath the addition the same as the other area in the rear that is shown in the photo; she replied yes. Mr. Quentzel asked Ms. Rimer if anyone goes under that area of if children play under there and asked Ms. Rimer if they would consider enclosing it. Ms. Rimer stated that the door leading into the basement is located under that area and that is the only way to get into the basement from the outside. Mr. Sussman stated that the photo is not consistent with the survey. Chairman Buechler stated that the survey does not show the elevations and the two stories Mr. Neuer stated that the proposed addition was incorrectly drawn on the survey. There were no further questions for Ms. Rimer and Mr. Katz from the Board or the Professionals. Chairman Buechler closed the hearing. Mr. Neuer made a motion to approve the application.

Chairman Buechler stated that he would like to recommend the following condition of approval: * The materials to be used on the exterior of the house for the addition should match the color and style of the existing materials on the house. Mr. Bullock seconded the motion to approve the application. The vote was as follows: Buechler: Yes Steinhart: Yes Bullock: Yes Sussman: Yes Merklinger: - Weiss: Yes Neuer: Yes Chairwoman Gabry: - Quentzel: Yes 4, ZB-14-03/Prakash Properties, LLC Carried from 6/19/14 Block: 158.02; Lot: 101; Zone OB-1 393 Northfield Avenue “D” use variance & several “C” variances to renovate an existing mixed-use building for medical offices and a three bedroom apartment. EXHIBITS A-3 — Letter from the Township’s Construction Official dated 6/23/14 A-4— International Building Code Section 1015 regarding Exit or Exit Access Doorways from spaces. A-5 — Copies of Certificates of Continued Occupancy dated 8/6/03 & 3/6/08 & permit #8427 to build the office building dated 9/19/58 & permit 48972 (o build the 2" story dated 7/16/59. A-6— Temporary Certificate of Continued Occupancy issued 1/18/13. A-7 - Copy of the Township’s Tax Assessment Card for the building dated 6/15/70. A-8 — Photos taken by Peter Steck, P.P. dated 7/17/14. A-9 — Historic Multiple Listing Activity for 391-393 Northfield Avenue prepared by Matthew S. Sprung, P.P. dated 7/16/14. Joseph A. Vena, Esq., attorney for the application, approached the podium and stated that this application was last heard at the June 19" Zoning Board meeting. Mr. Neuer stated that he is using Peter Steck as a Planner for a matter in another town and asked Ms, Beirne if it would be prudent to step down because Mr. Steck is the Planner for this application. Ms. Beirne said that it is her opinion that he should step down. Chairman Buechler stated that this is not a basis of disqualification for Mr. Neuer to be using Mr. Steck as a Planner and that, for the record, he disagrees with her decision to have Mr. Neuer step down.

Chairman Buechler stated Mr. Neuer is recused from hearing this application and has an excused absence. Mr. Neuer stepped down from the dais. Chairman Buechler stated that Mr. Quentzel and Mr, Merklinger were also absent from the June 19" meeting and they are excused from hearing this application. Mr. Vena stated that with Mr. Neuer being recused, there are only five Board members and he would like to have the application carried over to the next meeting. Chairman Buechler asked Mr. Vena if he would like to order transcripts from the June 19" meeting for Mr. Quentzel and Mr. Merklinger so that they can stay for this hearing and read the transcripts from the June 19" meeting before the next hearing on August 21°\;Mr. Vena agreed to order transcripts from the June 19, 2014 meeting. Chairman Buechler rescinded, for the record, Mr. Quentzel and Mr. Merklinger being excused from hearing this application. Mr. Vena called the applicants Engineer as his first witness. Bhaskar R. Halari approached the podium and was sworn under oath. Mr. Vena said that he would like to address the pre-existing non-conforming use issue that was raised at the last meeting. He said that it is a pre-existing non-conforming use if the applicant decides to remove the use of the second floor and just utilize the first floor. Chairman Buechler addressed Mr. Vena stating that he did not give the Board a definitive answer as to what his client wanted to do. He said that at the last meeting the applicant was going to consider moving forward with the proposed plan to make the lounge on the second floor or leave it like itis. Chairman Buechler said that no revised drawings were submitted to the Board to modify the plans and he is going to assume that the applicant is going forward with the original plans. Mr. Vena said that they are proceeding with the original plan for an expansion of a pre- existing non-conforming use and requesting variances for the relocation of the stairs, the lounge on the second floor and parking. Mr. Vena said that he would also like to address other issues that were raised at the last meeting. He said one issue was regarding a door between the apartment area and the break room area and another issue was regarding a secondary means of egress required from the third floor. Mr. Vena said both of these issues are for the Township’s Construction Department to address

break room area and another issue was regarding a secondary means of egress required from the third floor. Mr. Vena said both of these issues are for the Township’s Construction Department to address and not the Zoning Board. Mr. Vena presented a letter from the Township’s Construction Official, Tom Tracy. Chairman Buechler asked to have the letter from the Township’s Construction Official dated 6/23/14 marked as Exhibit A-3 for identification.

Mr. Vena referred to Exhibit A-3 and stated that, according to the Township’s Construction Official, a second form of egress from the third floor is not required. Chairman Buechler stated that is not how he understood the letter. He said that he does not know if the Construction Official understood the drawings and suggested that Mr. Vena bring him to the meeting to testify. Mr. Vena stated that at the last meeting, the Board asked him to provide testimony regarding a second means of egress not being required for the third floor. Chairman Buechler said that the letter he presented as Exhibit A-3 is only hearsay and not testimony. Chairman Buechler stated that the issue the Board has with the break room being proposed on the second floor is that there are usually drugs in a break room. Mr. Vena stated that the break toom is for staff members only and that there are not going to be any drugs in that room. He said that the break room is not connected to the first floor and that you would have go out the door and up the stairs to get there. Chairman Buechler stated that his concern is that, if approved, the variances run with the land, Mr. Vena stated that the Board could stipulate as a condition of approval that no medical equipment or no drugs are to be in the break room. Mr. Vena stated that he would like to call the applicants architect to testify to the fact that a second means of egress is not required from the third floor. Vinu M. Patel approached the podium and was sworn under oath. Mr. Vena asked Mr. Patel to explain why a second means of egress not being required from the third floor according. Mr. Patel presented a copy of the International Building Code that was adopted by the State of New Jersey. Chairman Buechler asked to have the section of the International Building Code marked as Exhibit A-4 for identification. Mr. Patel stated that at the last meeting the Board asked to be provided with the specific construction code regarding a second means of egress not being needed for the third floor as part of his testimony. He referred to Exhibit A-4 and read section 1015 of the International Building Code that was adopted by the State of New Jersey regarding exit access doorways for mix use occupancies. Chairman Buechler asked Mr. Patel if his testimony is that the building code in affect in the State of New Jersey, regarding mixed occupancies, is

arding exit access doorways for mix use occupancies. Chairman Buechler asked Mr. Patel if his testimony is that the building code in affect in the State of New Jersey, regarding mixed occupancies, is that if it is residential and that no more than ten (10) people live there then only one egress is permissible; he replied yes. Chairman Buechler stated that Mr. Patel’s testimony satisfied the Board and that the third floor does not need a second means of egress. There were no questions for Mr. Patel from the members of the Board or the Professionals. There were no questions for Mr. Patel by the members of the public. Mr. Vena stated that there is another issue that he would like to resolve regarding the pre- existing non-conforming use. He presented copies of the certificates of continued occupancy