June 4, 2014

TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING MINUTES June 4, 2014 The Township of West Orange Planning Board held a regular meeting on June 4, 2014 at 7:30 P.M. in Council Chambers, 66 Main Street, West Orange, New Jersey. Chairman Heller called the meeting to order at approximately 7:30 P.M. It was announced that notification of this meeting was given to the Township Clerk, and posted on the Township Bulletin Board on November 21, 2013 in accordance with the requirements of the “Open Public Meetings Act”. PRESENT: Chairman Ben Heller, Robert Bagoff, Joanne Carlucci, Jerome Eben, Gerald Gurtand, Lee Klein, Council President Susan McCartney ABSENT: Tekeste Ghebremicael, Jason Lester, Vice Chairman Ron Weston, William Wilkes iT} ALSO PRESENT: Paul Grygiel, AICP, PP, Acting Township Planner, Frank Russo, PE, Omland Engineering, Patrick J. Dwyer, Esq., Board Attorney, Robin Miller, Board Secretary, Debbie Dillon, Audio-Digital Transcription Service PLEDGE OF ALLEGIANCE Chairman Heller requested all attendees stand for the Pledge of Allegiance. ROLL CALL Robert Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Chairman Ben Heller, Lee Klein, Jason Lester, Council President Susan McCartney, Vice Chairman Ron Weston, William Wilkes | ANNOUNCEMENTS The next Planning Board regular meeting will be held on July 2, 2014 in Council Chambers at 7:30 P.M. SWEARING IN Paul Grygiel, AICP, PP, Acting Township Planner Frank Russo, PE, PP, Consulting Engineer RESOLUTIONS P8-13-19/Sirius XM Radio, Inc. Block: 84.01; Lot: 22.01; Zone B-2 12-16 Marcella Avenue Conditional Use Site Plan replace existing antenna, add new antennas and replace existing cabinet and equipment. 6-4-14 Minutes

DISCUSSION Mr. Eben stated he had visited the site the previous day; there was debris and equipment all over the property. He said he was concerned the property owner or Township officials would not address the issue. Mr. Dwyer said the Building Department would address the matter before issuing permits. Dr. Bagoff suggested an addendum be inserted to the Resolution instructing the Building Department not to issue permits until the property was sufficiently cleared of debris to the satisfaction of the conditions of the Resolution. Mr. Dwyer advised the Board that upon review of the draft Resolutions (PB-13-19/Sirius XM Radio, Inc. and PB-14-02/World Class Wireless, LLC), both attorneys had reservations about their applicants’ ability to make the recommended structural integrity improvements as per the Consolidated Engineering report (dated January 16, 2014). He said the Resolutions had been modified slightly to reflect the applicants would not begin their site improvements until the structure owner had completed the structural repairs. The Board voted on the Resolution (with modifications as noted) as follows: Mation: Dr. Bagoff Second: Chairman Heller Bagoff: Yes Carlucci: Yes Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: : Lester: Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Yes PB-14-02/World Class Wireless, LLC Block: 84.01; Lot: 22.01; Zone: B-2 12 Marcella Avenue Conditional Use Site plan to replace existing telecommunication antenna. DI i Mr. Dwyer advised the Board that the Resolution had been modified to reflect the Applicant would not begin site improvements until the structure owner had completed recommended structural repairs. Dr. Bagoff requested the same addendum be included regarding the Building Department not to issue permits until the property was sufficiently cleared of debris to the satisfaction of the conditions of the Resolution. The Board voted on the Resolution (with modifications as noted) as follows: Motion: Dr. Bagoff Second: Chairman Heller Bagoff: Yes Carlucci: Yes Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: - Lester: Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Yes 6-4-14 Minutes

APPLICATIONS PB-14-04/Essex County Country Club Block: 156; Lot: 1; Zone: R-2 350 Mt. Pleasant Avenue Preliminary and Final Site Plan with “C” variances. Carried from the May 7, 2014 regular meeting. EXHIBITS A-1: — Colorized aerial site photograph of current conditions, prepared by Matrix New World Engineering, Inc. A-2: — Colorized site rendering of existing building; proposed changes including landscaping and handicap parking area, prepared by Matrix New World Engineering, Inc. A-3: Architectural Plans prepared by Wayne J. Jacques, JGA Architectural Design dated May 21, 2014 including Sheet A1.1/Main Level Floor Plan; Sheet A1.0/Lower Level Floor Plan; Sheet A1.2/Upper Level Floor Plan; Sheet A5.1/Proposed Exterior Elevations East & North; Sheet A5.2/Proposed Elevations West & South; Exterior Rendering dated June 4, 2014. A-4: — Colorized Photographs (three pages), prepared by Peter G. Steck, P.P., dated June 4, 2014. DISCUSSIO! Joseph A. Vena, Esq., Mandelbaum, Salsburg, Lazris & Discenza, P.C., attorney for the Applicant, addressed the Board; he stated the Application was for preliminary and final site plan approval with request for the granting of four variances, for improvements to the existing clubhouse and facilities. He noted the club had a rich history and was the oldest of its kind in the State of New Jersey; Thomas Edison had been a member. Mr. Klein requested he be recused from hearing the Application; it was so noted by Chairman Heller; Mr. Klein left the Board dais. Christopher James Field was sworn in, advised the Board he was a resident of West Orange, a member of the Essex County Country Club for seventeen years, and the current President of the Club. He said that currently there were 285 club members; the maximum number of desired golfing members was 300. He testified that there were approximately 320 people in attendance at the Club’s largest social event; there were never parking problems at events; there was valet service for larger events and on Friday and Saturday night events. There were currently 206 parking spaces, and additional accessory parking of approximately 40 to 45 spaces behind the pool area usually used by staff during large events; and another 40 to 45 spaces near the maintenance facility. The main parking area would be reduced from 206 to 203 due to the planned restriping of the lot for handicapped

by staff during large events; and another 40 to 45 spaces near the maintenance facility. The main parking area would be reduced from 206 to 203 due to the planned restriping of the lot for handicapped parking. The existing clubhouse had been open since 1942; among the list of items in need of renovation were HVAC system, roof, an awkward two-tiered dining room layout; and plumbing and electrical issues. The improvements were not meant to increase membership numbers; the intention was to make necessary renovations to remain competitive; the clubhouse was inferior to area competition. The Club had struggled to maintain membership numbers of 250 over the last few years in part because of the current facilities. The golf use would remain the same; the interior changes would be for member enjoyment only; the club does not advertise its facilities for rental to outside entities. The renovation included relocating the pro-shop to the main building. 6-4-14 Minutes

Council President McCartney asked for clarification regarding the existing 206 parking spaces; did that include the spaces near the pool and maintenance areas. Mr. Field said the existing 206 spaces were those in the vicinity of the main building; the pool area had approximately 40-45 spaces; the parking near the maintenance shed were approximately another 40-45 spaces; approximately 40% of the 60-65 employees drove to work; most were summer staff that used public transportation. Council President McCartney asked if the increase in interior gross square footage would be to make the space more handicap accessible. Mr. Field said the key problem was the existing dining room on two levels and the inadequate kitchen; the dining room would be one level area; the kitchen would be reconfigured. The Public had no questions for Mr. Field. Phillip Scott, PE, Matrix New World Engineering, Inc., was sworn in, stated his credentials, and was accepted by the Board to be an expert in engineering. Referring to Exhibit A-1, Mr. Scott said all improvements would be within the immediate area of the building; there would be few changes to the existing parking other than to relocate the handicap parking closer to the existing building. The closet adjacent property was approximately 1,000 feet, the closet road was approximately 1,500 feet; the improvements would not be visible from the nearest street or adjacent properties. Referring to Exhibit A-2, Mr. Scott said the improvements would include an addition to the main building; the relocation of the clubhouse main entrance; the relocation of the handicap parking spaces; and a new covered patio and outdoor dining area. The building would be “bumped out” to increase the kitchen and food preparation areas; and provide a new pro-shop to main building; also, the relocation of the loading area from the rear to the front to make it more functional — the Applicant was requesting a variance for the relocation of the loading area. As part of the expansion of the building, there would be a large elevation change creating the need for a new retaining wall that would be 9-feet with 4-feet fencing for a total height of 13-feet; the height of the wall exceeded ordinance — the Applicant was requesting a variance. The Applicant was also seeking a variance for relief from the parking lot shade tree ordinance; he stated the entire property was

the wall exceeded ordinance — the Applicant was requesting a variance. The Applicant was also seeking a variance for relief from the parking lot shade tree ordinance; he stated the entire property was located on 176 acres of mostly open space with numerous trees; the parking lot improvement was only to relocate the handicap parking; there would be no change to the parking lot impervious coverage, only restriping for better functionality. Mr. Scott opined the requested variance relief would improve the overall functionally of the property. Council President McCartney asked if there was any room to plant trees to camouflage the area of the proposed retaining wall; Mr. Scott said that there were some existing trees and landscaping that would not be disturbed and additional plantings would be added. Dr. Bagoff asked if the requested variances were “c(1)” or “c(2)”.. Mr. Vena stated the Applicant’s Planner would be able to answer questions regarding the variances. Dr. Bagoff inquired as to the current number of handicap spaces; Mr. Scott said he believed there were currently three spaces — they would be increased to seven spaces. Mr. Vena said the Applicant’s architect would provide testimony regarding the number of handicap spaces. Mr. Eben stated that the distance from loading area to fence was only about 28 feet; he asked if delivery trucks would be stacked up; would there be a delivery schedule; he opined there was no room for truck parking. Mr. Scott said deliveries would typically be scheduled for early morning hours before the Club was open, Mr. Eben asked the location of the dumpster area; Mr. Scott said the dumpster was located near the pool house, which was outside the area of the proposed renovations and would remain the same. There was no garbage stored in the loading area. Mr. Eben asked what material would be used for the retaining wall; Mr. Scott said the wall material would be a decorative segmental block. 6-4-14 Minutes

Chairman Heller stated the plans appeared to show two different types of retaining walls; he asked what material would be used; Mr. Scott said the final design had not been determined but it would probably be some type of decorative facade. Mr. Russo advised the Board that all comments regarding the Omland Engineering memo dated May 19, 2014 had been sufficiently addressed. Makram Erian, 592 Prospect Avenue, stated the Public Notice he received said the Application included a house of worship would be built; he asked where it would be located. Mr. Vena said the original notice that went out had a typographical error, there was no house of worship included in the Application; the second notice that was sent out had the correct information. Wayne J. Jacques, RA, Jefferson Group Architects/JGA Architectural Design, was sworn in, stated his credentials and accepted by the Board to be an expert in architecture. Referring to Exhibit A-3, Mr. Jacques described the proposed renovations to the main clubhouse proposed which included the relocation of the main entrance; relocation of the administrative office; bathroom renovations; additional kitchen and storage space. In the back of the building, the lower dining room area would be raised to become more efficient; the patio area would be renovated and a hard roof would be installed. On the lower level, there would be a pro-shop, new storage space, and a small expansion to existing ballroom. The upper level would include the addition of a small Boardroom and staircase. Improvements would include cosmetic upgrades to the main building. The loading dock would be moved to provide better access for deliveries. Council President McCartney asked for clarification regarding the exterior stairs in the area of the outside pavilion; was the area handicap accessible and what was the purpose of the stairs. Mr. Jacques said the area would be handicap accessible; the existing stairs just provided additional access to the building. Dr, Bagoff asked if the building included an attic; if light colored tiles would be used for the roof; and if the plan included an emergency stand-by generator. Mr. Jacques said there was a small attic area; a light colored roof could be considered; he said that a generator had not been discussed as part of the project. Mr. Vena said a generator was an operational issue; but a great recommendation

c area; a light colored roof could be considered; he said that a generator had not been discussed as part of the project. Mr. Vena said a generator was an operational issue; but a great recommendation that the Applicant would look at although it should not be included as a condition of approval. Mr. Gurland asked if the building was sprinklered; Mr. Jacques said the building was currently sprinklered; the renovations would include bringing the existing system up to code. Mr. Gurland asked if all renovations would be ADA compliant; he noted there was no elevator indicated in the plans. Mr. Jacques said that all areas would be accessible, albeit some from the exterior graded areas; he admitted that issues related to better accessibility should be explored. Mr. Eben said he did not see a janitorial service area on the plans; Mr. Jacques said the janitor area was located at the end of the hall near the main floor restrooms; an additional janitor facility was located in the kitchen area. Mr. Eben said he was confused regarding handicap accessibility for the second floor women’s locker room; Mr. Jacques said there was no current access; it was something that should be investigated. The Township professionals and Public had no questions for Mr. Jacques. Peter G. Steck, P.P., was sworn in and accepted by the Board to be an expert in planning. Mr. Steck confirmed he had reviewed the Township ordinances regarding the request for the (four) variance(s); he 6-4-14 Minutes

had reviewed the Township's Master Plan; and he confirmed he had visited the site. Referring to Exhibit A-4, he stated the Club was approximately 176 acres comprised of mostly open space located in the R-2 Zone. The clubhouse was surrounding by extensive open space separated from adjacent property owners. The proposal was focused on modernizing the clubhouse to serve its existing members. Mr. Steck said the Applicant was seeking variance relief for parking, loading space location, wall height, and trees in parking area. He opined variance relief could be granted for “c(1)” hardship reasons; the relief could also be granted under “c(2)” reasons, the benefits of the improvements were greater than the detriments, the plan offered a better option regarding the Master Plan and zoning ordinance. Council President McCartney asked Mr. Steck to detail the need for landscaping in the area of the retaining wall. Mr. Steck said the information was on the engineering plan; it was his opinion there would be sufficient landscaping to soften the effects of the retaining wall. Dr. Bagoff said he had issue that the previous witness had testified that not having an elevator was poor planning; Mr. Steck opined that the plan clearly reflected the Applicant had addressed upgrades regarding handicap accessibility, i.e. parking spaces, the leveling out of floor heights, bathroom access. He stated the zoning code was not the same as the building code; if the New Jersey International Building Code (NJIBC) required additional handicap accessibility by installing an elevator, then that would have be addressed outside of the zoning ordinance. Mr. Gurland stated that he felt strongly about the issue of the elevator and handicap accessibility; he requested that as a condition of approval the Resolution should include the Building Inspector provide a written statement whether an elevator is required. He opined that whether or not an elevator was required by code, it was a good practice that improved the quality of life for a handicapped person. Mr. Field said that the ladies locker room on the second floor was solely for the use of women golfers; approximately 35 female golfers used the room. Currently, the Club had no handicapped golfers. The first floor and lower level of the clubhouse would be handicap accessible. The renovations would meet all uniform code requirements. Mr. Eben

room. Currently, the Club had no handicapped golfers. The first floor and lower level of the clubhouse would be handicap accessible. The renovations would meet all uniform code requirements. Mr. Eben stated that he was a proponent of the zoning ordinance requiring one tree for every ten parking spaces; he was concerned about the request for relief; Mr. Steck opined that the parking lot was located on a golf course that had thousands of trees; the parking lot would not be visible to adjacent properties or streets. The parking lot was an existing condition; there was not a “sea of asphalt”. Mr. Grygiel opined that Mr. Steck accurately described the Master Plan objectives regarding golf courses and open spaces. The Public had no questions for Mr. Steck. The Board deliberated on the Application. Council President McCartney opined that Mr. Steck’s rationale for the requested variances made sense; she recommended that all existing construction code standards be considered; she said it was her understanding that new construction standards did require elevator installation was required; she suggested that a light colored roof design be considered. Mr. Russo requested there was a need for an Engineer’s estimate for the site work. Mr. Vena said the issue had been discussed at the Technical Review meeting. Conditions: 6-4-14 Minutes