August 21, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING August 21, 2014 The West ‘Orange Zoning Board of Adjustment held a regular meeting on August 21, 2014 commencing 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairman Buechler 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.” Chairman Buechler asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: ABSENT: ALSO PRESENT: ANNOUNCEMENTS Future Meetings: SWEARING IN B. Buechler, G. Bullock, D. Gabry, W. Merklinger, P. Neuer, B. Quentzel, M. Sussman, A. Weiss W. Steinhart (excused) Paul Grygiel, Consulting Planner Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary H. Grossman, Esq., Public Advocate D. Dillon, Audio-Digital Transcription Service September 4, 2014 (Special Meeting) — 8:00 pm September 18, 2014 (Regular Meeting) — 8:00 pm October 23, 2014 (Regular Meeting) — 8:00 pm November 20, 2014 (Regular Meeting) -- 8:00 pm Consulting Engineer for the Township, Eric Keller, and Consulting Planner for the Township Paul Grygiel were sworn under oath.

MINUTES Adopt Minutes: July 17, 2014 (regular meeting) Chairman Buechler asked the Board members if they had any additional comments for the July 17, 2014 regular meeting that were submitted to them for review. Secing none, he asked for a motion fo approve said minutes. Mr. Neuer made a motion to approve the minutes from the July 17, 2014 regular Zoning Board of Adjustment meeting as submitted to the Board members; Mr. Sussman seconded the motion and all were in favor. Adopt Minutes: July 24, 2014 (special meeting) Chairman Buechler asked the Board members if they had any additional comments for the July 24, 2014 special meeting that were submitted to them for review. Seeing none, he asked for a motion to approve said minutes. Mr. Sussman made a motion to approve the minutes from the July 24, 2014 special Zoning Board of Adjustment meeting as submitted to the Board members; Mr. Neuer seconded the motion and all were in favor. It was noted for the record that Ms. Gabry and Ms. Weiss were present but did not vote on these minutes. RESOLUTIONS 1. ZB-14-01/Communication Infrastructure Corp, Block: 111; Lot: 1.03; Zone: B-2 416 Eagle Rock Avenue “D” use variance to install two microwave dishes on an existing tower Chairman Buechler stated that he and Mr. Neuer submitted comments to Ms. Beirne for this resolution. Ms. Beirne stated that she approved Chairman Buechletr’s comments for this resolution and the copy that was sent to the Board for their review included his comments. Ms. Beirne stated that Mr. Neuer’s comments were not incorporated into the resolution. Ms. Beirne noted all of the missing items on page 3 that were not incorporated in the resolution that was sent to the Board members along with the address of Richland Towers and the State and 2

Federal statute and stated that she will include them in the resolution and send it to the Board Secretary. Chairman Buechler made a motion to adopt the resolution that include his and Mr. Neuer’s comments and stated that if an issue arises then the Board will deal with it at that time. Mr. Sussman seconded the motion to adopt. The vote was as follows: Bullock: Yes Steinhart: - Gabry: - Sussman: Yes Merklinger: - Weiss: Yes Neuer: Abstained Chairman Buechler: Yes Quentzel: Yes 2. ZB-14-02/E.G. Holdings Corp. dba Total Wine and More Block: 155.21; Lot: 40; Zone: P-C 495 Prospect Avenue “C” variance to install a flush mounted sign to the fagade Chairman Buechler stated that he submitted his comments for this resolution to Ms. Beirne; Ms. Beirne said she approved his comments and they were incorporated into the resolution that was sent to the Board members for their review. Mr. Neuer stated that he submitted his comment for this resolution to Ms. Beirne; Ms. Beirne stated that she did not get Mr. Neuer’s comments. Mr. Neuer stated that he will not vote on this resolution. Chairman Buechler stated that he does not want to hold up the applicants and made a motion to approve the resolution subject to Mr. Neuer’s comments. Mr, Sussman seconded the motion to adopt. The vote was as follows: Bullock: Yes Steinhart: - Gabry: - Sussman: Yes Merklinger: - Weiss: Yes Neuer: Abstained Chairman Buechler: Yes Quentzel: -

3. ZB-14-07/Katz Block: 176.16; Lot: 11; Zone; R-5 12/14 Dale Drive Seeking two “C” variances for rear yard setback and maximum lot coverage for the expansion of an existing kitchen. Chairman Bucchler stated that he submitted his comments for this resolution to Ms. Beirne; Ms. Beirne said she approved his comments and they were incorporated into the resolution that was sent to the Board members for their review. Mr. Neuer stated that he submitted his comment for this resolution to Ms. Beirne; Ms. Beirne stated that she did not get Mr. Neuer’s comments, Mr. Neuer stated that he will send his comments for this resolution to the entire Board for their review. Chairman Buechler made a motion to adopt the resolution subject to Mr. Neuer’s comments. Mr. Neuer seconded the motion to adopt. The vote was as follows: Bullock: Yes Steinhart: - Gabry: - Sussman: Yes Merklinger: - Weiss: Yes Neuer: Yes Chairman Buechler: ‘Yes Quentzel: Yes APPLICATION(S) 1. ZB-14-04/Patin Carried from 7/17/14 Block: 165.02; Lots: 4, 5; Zone: B-2/R-4 782 Northfield Avenue & 5 Dogwood Road Secking a “D” use variance and several “C” variances to construct an addition to an existing building and construct parking accessory to the existing building on an adjoining lot. EXHIBITS A-3 — Letter from Frederick Meola dated 8/11/14 addressing Omland Engineering’s technical review A-4— Colored rendering of the proposed site A-5 — Architectural plans signed by Andre Szalay — revision date of 8/11/14 (Sheets A-1 to A-6) PA-1 — Colored photo (ID only) PA-2 — Colored photo (Evidence) PA-3 — Colored photo of sidewalk along Northfield Avenue PA-4 - Colored photo of sidewalk along Northfield Avenue 4

PA-5 — Colored photo of sidewalk along Dogwood Avenue PA- 6 — Colored photo of sidewalk PA-7 — Colored photo of sidewalk PA-8 — Colored photo of sidewalk William Sullivan, Esq., attorney for the applicant, approached the podium. Chairman Buechler stated that this is the second hearing for this application. Mr. Sullivan detailed what transpired at the last meeting held May 29, 2014. He said that the Engineer and the Architect will be addressing the issues that were raised from the last meeting at the meeting tonight and their traffic engineer will be testifying at the next mecting. Mr. Sullivan called his first witness. Frederick C. Meola, engineer for the applicant, approached the podium and was sworn under oath. Chairman Buechler stated for the record that Mr. Meola was accepted as an expert in Engineering at the last meeting. Mr, Sullivan stated that they have received revised reports from Eric Keller and Paul Grygiel, and Mr. Meola will be addressing the items in those reports. Mr. Meola referred to Item #7 on the Omfand Engineering report dated 8/20/14 and detailed how the number of parking spaces required was calculated. He stated that the Township ordinance requires 25 parking spaces and they are proposing 21 parking spaces. Mr. Meola said that at the last meeting they had proposed 22 parking spaces but, after addressing a concern brought up at that meeting regarding cars backing out of the driveway on to Dogwood Road, they eliminated one of the parking spaces that was an existing condition. He said that by eliminating this parking space the cars will be able to maneuver better and not have to back out on to Dogwood Road. Chairman Buechler asked Mr. Meola to describe where the parking spaces he is referring to are located on the plans. Mr. Meola referred to the site plans and detailed where the three parking spaces are that are parallel to Dogwood Road. Chairman Buechler stated that the diagram is not clear as 1o where the parking spaces and the driveways are on the plans. Mr. Sullivan stated that all they are proposing to do is taking the existing four (4) parking spaces and turning them so that they run parallel to Dogwood Road. Mr. Neuer asked Mr, Meola if there is another driveway other than the driveway going out on to Dogwood Road; he replied no. Mr. Meola said that they are also considering taking the first parking space at that

asked Mr, Meola if there is another driveway other than the driveway going out on to Dogwood Road; he replied no. Mr. Meola said that they are also considering taking the first parking space at that location and dedicating it to the tenant.

Mr. Bullock asked Mr. Meola to point out the curb cut on the plans. Chairman Buechler asked Mr. Keller if the Engineer addressed items #1-6 on his report dated 8/20/14; he replied yes. He said that item #5 will be addressed by their architect. Mr. Keller referred to item #6 regarding the storm pipe that runs under the building having no easement. He said that the engineer said that the applicant has agreed to provide an easement for the portions of the property where there is no building. Mr. Keller said that no one can get to that pipe to clean it out and maintain it and that he is assuming that this is the Township’s storm water sewer. Mr, Neuer asked Mr. Keller if the property ties into that sewer line; he said he did not know. Mr. Neuer stated that someone failed to document the existing pipe that runs under the building. He said that the easement will run from one end of the property and then from the other end of the property. Chairman Buechler stated that Mr. Sullivan’s client will accept the easement with that language, Mr. Meola addressed item #8 stating that the parking layout on Dogwood Road has been revised. Mr. Meola addressed item #9 and stated that they have provided a pedestrian connection to the sidewalk from the rear to the front of the building. Mr. Meola stated that the architect will address item #10. Mr. Meola stated that items #1 1-14 have been addressed. Mr. Meola addressed item #15 stating that the existing inlet within the southerly parking area has been inspected. He said that the roof leaders in the back of the building go into a new 12” PVC pipe as shown on the plans. Mr. Meola stated that they will conform to the cleaning of the drains Mr. Neuer asked Mr. Keller if he would need the calculations before they are cleaned; he said that they can provide the calculations after. Mr. Meola stated that they will comply with item #16 regarding connecting the proposed inlet to an existing inlet. Mr. Meola stated that item #17 has been addressed. Mr. Meola addressed item #18 and stated that the freestanding fixture on Northfield Avenue will yemain as shown on the plans. He said that this was discussed at the last meeting. Mr. Meola addressed item #19 regarding the hours of operation for the building’s mixed uses. He stated that the beauty salon closes at 9 pm and the parking lot lights will be closed at 10 pm.

Mr. Keller stated that this has to be put on the plans so there is a record of that. Mr. Neuer stated that it must also be included in the resolution. Chairman Bucchler stated that the applicant must also verify that the light fixtures are pointing downward, Mr. Meola addressed item #20 regarding the security lighting and referred to the site plans where the security lighting is being proposed in the rear of the building. Mr. Keller stated that he has recommended that the Township’s Police Department weigh in on this; the Board Secretary stated that she called the Police Department regarding this and is waiting for a call back from them. Mr. Meola addressed item #22 regarding landscaping and stated that some of the existing trees need to be replaced. He said that the entire rear area will be cleaned out and landscaped and detailed what type of trees and vegetation they are proposing to plant. Mr, Merklinger asked Mr. Meola if they had a maintenance plan; he replied no. He said that the Zoning Officer can issue them a summons if they do not maintain the site. Mr. Meola addressed item #25 and stated that they have relocated the trash enclosure. He said that they will place the garbage cans on the sidewalk in front of the building and the Town will pick up the garbage. Mr. Meola addressed item #26 and stated that no dumpster is being proposed. Mr. Meola addressed item #27 and stated that they have revised the grading and the doghouse manhole is being eliminated so there is no need to revise the plans. Mr. Meola addressed item #37 and stated that they will provide an inlet filter over the 48” storm pipe during construction. Mr. Sullivan referred to Mr. Grygiel’s revised memo dated 8/15/15 noting that with some revisions made to the plan, two less variances are required, He said that the applicant will also comply with the Township ordinance requirements for the free standing sign along Northfield Avenue. Harvey Grossman approached the podium and presented two (2) colored photos. He said that the photos are in regards to the drainage pipe that runs under the building. Chairman Buechler asked Mr. Grossman if he took the photos; he replied yes. Chairman Buechler asked Mr. Grossman when the photos were taken; he said that he was not sure of the exact date but said he took them before the last meeting. Chairman Buechler asked Mr. Grossman if he modified

echler asked Mr. Grossman when the photos were taken; he said that he was not sure of the exact date but said he took them before the last meeting. Chairman Buechler asked Mr. Grossman if he modified the photos in any way; he replied no.

Chairman Buechler asked to have the photos marked as Exhibit PA-1 and Exhibit PA-2 for identification. Mr. Grossman stated that he is going to ask Mr. Meola to identify what is in the photos. He asked Mr. Meola to look at Exhibit PA-1 and PA-2 and asked him if that is the drainage pipe that he testified to that runs under the building; Mr. Meola said he was not sure what pipe that was in Exhibit PA-2 but it might be the 48” pipe. He said that he cannot identify what pipe that is in Exhibit PA-1 but said that he thinks the pipe is on Dogwood Road. Mr. Neuer stated that what Mr. Grossman is trying to say is that the pipe that runs under the building comes out on to Dogwood Road. Chairman Buechler asked Mr. Sullivan ifhe has any objection to Exhibit PA-1; he replied yes. Chairman Buechler stated that Exhibit PA-1 is for identification only and Exhibit PA-2 will be entered into evidence. Mr. Grossman stated that the reason. he is presenting these photos is merely as a friend of the Board showing them what the pipe looks like. Mr. Grossman asked Mr. Meola if examined the sidewalks around the site; he replied no. He said that the sidewalks seemed to be in reasonably good condition. Mr. Grossman presented six (6) colored photos of the sidewalks along Northfield Avenue and Dogwood Road. Chairman Buechler asked Mr. Grossman if he took the photos; he replied no. He stated that Mr. Rashkes, a resident, took the photos. Ms. Weiss asked Chairman Buechler if it matters who took the photos because the Board can ask the applicant to replace them. Chairman Buechler asked to have the six (6) colored photos of the sidewalks marked as PA-3, PA-4, PA-5, PA-6, PA-7 and PA-8 for identification. Mr. Grossman referred to the photos of the sidewalk and stated that a patient can trip on the sidewalk. Mr. Sullivan stated that they will leave it up to the Township’s Engineer to determine whether the sidewalks need to be repaired. Chairman Buechler stated that he will recommend as a condition of approval that the applicant either repair or replace any sidewalk sections along Northfield Avenue and Dogwood Road that the Township Engineer determines in his or her discussion requires repair and/or replacement. Chairman Buechler stated for the record that Exhibits PA-3, 4, 5, 6, 7 and 8 are for identification only.