September 18, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING September 18, 2014 The West Orange Zoning Board of Adjustment held a regular mecting on September 18, 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.” 2 Chairman Buechler asked everyone to stand for the Pledge of Allegiance. Alice Beime, Esq., Board Attorney, read the Opening Statement. PRESENT: B. Buechler, D. Gabry, W. Merklinger, W. Steinhart, M. Sussman, A. Weiss ABSENT: G, Bullock (excused) P. Neuer (recused) B. Quentzel (excused) ALSO PRESENT: Paul Grygiel, Consulting Planner Eric Keller, Consulting Engineer Alice Beitne, Esq,, Board Attorney Rose DeSena, Board Secretary D. Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: October 23, 2014 (Regular Meeting) -- 8:00 pm October 30, 2014 (Special Meeting) — 8:00 pm November 20, 2014 (Regular Meeting) — 8:00 pm December 18, 2014 (Regular Meeting) — 8:00 pm Chairman Buechler announced that the following applications that were scheduled to be heard at this mecting have requested to be carried over to the next regular Zoning Board meeting held on October 23, 2014 and that no further notice will be required: « =ZB-14-00/Wang « =ZB-14-04/Patin

Chairman Buechler also announced that application ZB-14-06 for New Cingular Wireless, PCS, LLC (AT&T) has been withdrawn by the applicant. Chairman Buechler stated that he has reviewed the Rules of Procedure for the Zoning Board of Adjustment and incorporated some suggested revisions into them. He said that he has extra copies with him for the other Board Members so that they can review them. Chairman Buechler said that if any Board Member has any revisions, to email them to the other Board Members before the next regular meeting on October 23, 2014. Chairman Buechler instructed the Board Secretary to add the amended Rules of Procedure for the Zoning Board of Adjustment to the October 23, 2014 regular meeting agenda for adoption. SWEARING IN Consulting Planner for the Township, Paul Grygiel and Consulting Engineer for the Township, Eric Keller were sworn under oath. MINUTES Adopt Minutes: August 21, 2014 (regular meeting) Chairman Buechler asked the Board Members if they had any additional comments for the August 21, 2014 regular meeting that were submitted to them for review. Seeing none, he asked for a motion to approve the minutes. Ms. Gabry made a motion to approve the minutes from the August 21, 2014 regular Zoning Board of Adjustment meeting as submitted to the Board members; Mr. Sussman seconded the motion and all were in favor. Chairman Buechler noted for the record that Mr. Steinhart was not present at the August 21, 2014 meeting and did not vote on the minutes, September 4, 2014 (special meeting) Chairman Buechler asked the Board Members if they had any additional comments for the September 4, 2014 special meeting that were submitted to them for review. Seeing none, he asked for a motion to approve the minutes. Mr. Steinhart made a motion to approve the minutes from the September 4, 2014 special Zoning Board of Adjustment meeting as submitted to the Board members; Ms. Gabry seconded the motion and all were in favor.

APPLICATION 1. ZB-14-08/Sai Hira Ram Trust, Inc. Block: 177.02; Lots: 15.01 & 16; Zone: R-4 23-27 Laurel Avenue Seeking “D” and several “C” variances for converting two properties To use as a house of worship and related uses EXHIBITS A-1 — Floor Plans — four (4) sheets dated 2/14/12 with a revision date of 8/15/13 A-2 — Colored Elevations - revision date of 8/15/13 A-3 — Existing Meditation Room and Temple Elevations A-4 — Materials Board A-5 — Boundary and Topographic Survey dated 12/11/07 A-6 — Layout Sheet - dated 5/27/09 with a revision date of 4/15/14 A-7 — Grading, Drainage and Utility Plan — dated 5/27/09 with a revision date of 3/17/14 A-8 — Lighting Plan — dated 5/27/09 with a revision date of 3/17/14 A-9 — Landscape and Tree Replacement Plan — dated 5/27/08 with a revision date of 3/17/14 Robert Williams, Esq., attorney for the applicant, approached the podium. Mr. Williams detailed the application stating that the applicant is seeking preliminary and final site plan approval to develop a house of worship at Laurel Avenue. He said that the property is in an R-4 zone and the application is before this Board because it does not meet all of the conditional use requirements, Ms. Gabry asked Mr. Williams who Anita S. Thani is. She said that she signed the application and is listed as a trustee but did not see her name on the list of trustees. Mr. Williams stated that she is the secretary of the trust but is not a trustee and that was an error; he said that she is authorized to sign for the trust. Chairman Buechler asked Mr. Williams what the relation of the Sun King Private Limited is to Sai Hira Ram Trust; Mr. Williams said that the applicant, Sai Hira Ram Trust will lease the property from the Sun King Private Limited. Chairman Buechler asked Mr. Williams what the relationship is between Sun King and Sai Hira Ram; he said that they are separate entities. Chairman Buechler said that the corporate disclosure shows some of the people are trustees of both entities and asked Mr. Williams how they are related; he said that some of them will be involved in how the church is being operated. Ms. Gabry asked Mr. Williams if there was a variance granted when the garages on the property were constructed; he said that there were no prior resolutions for this property. He said that when the garages were constructed it was vacant property and he

granted when the garages on the property were constructed; he said that there were no prior resolutions for this property. He said that when the garages were constructed it was vacant property and he thinks that pony rides were given on that part of the property.

Ms. Weiss asked Mr. Williams how many members are in the congregation; he said there are 29 members that worship from 11am to 12pm on Thursday followed by lunch, He said that they also have two celebrations a year on New Year’s and Thanksgiving. Ms, Weiss asked Mr. Williams how many members they are projecting in the future; he said that they are projecting 75 to 100 members over an eight to ten year period. Mr. Williams stated that the party who owns the property is located Dubai and they pay taxes on the property. He said that the applicant, Sai Hira Ram Trust, is a House of Worship and is tax exempt. Chairman Buechler asked Mr. Williams if any members of the congregation will be testifying because he has questions for them; he replied yes. Mr. Williams called his first witness. J. Michael Petry approached the podium and was sworn under oath. Mr. Petry detailed his professional background as a Professional Civil Engineer and stated that he has testified before this Board many times. Chairman Buechler accepted Mr. Petry as an expert in civil engineering. Mr. Petry presented the Boundary and Topographic survey, dated 12/11/07, showing the existing conditions of the property. Chairman Buechler noted for the record that the Boundary and Topographic survey dated 12/11/07 was pre-marked as Exhibit A-5 for identification. Mr. Petry referred to Exhibit A-5 and stated that the property is located along Laurel Avenue. He said that the deed for this property says that Laurel Avenue runs east and west but he has difficulty referring to Laurel Avenue as running east and west because technically it runs north and south. Chairman Buechler asked Mr, Petry if the deed is correct in referring to Laurel Avenue as running east and west; he said for the deed of this property it is correct. Mr. Petry stated that the property consists of two tax lots; lot 15.01 and lot 16, and is over two (2) acres of land located in an R-4 zone. He said that the structure located on lot 16 has been used as a House of Worship but be is not aware of any approvals for this use. Mr, Petry said that the second lot, lot 15.01, has an abandoned structure in the rear of the property with garages and a residential unit above the garages. He said that there are also no records of any approvals for that structure. Mr. Petry said that there are several trees on the property and that the

garages and a residential unit above the garages. He said that there are also no records of any approvals for that structure. Mr. Petry said that there are several trees on the property and that the majority of the property is an open lawn area.

Mr. Petry presented the layout sheet, dated 5/27/09 with a revision date of 4/15/14. Chairman Buechler stated for the record that the Layout sheet, dated 5/27/09 with a revision date of 4/15/14, was pre-marked as Exhibit A-6 for identification. Mr. Petry referred to Exhibit A-6 and said that the applicant is proposing to build a House of Worship. He said that the caretakers home and prayer room will be located in the existing house on the property and that the main temple will be located where the other abandoned house is located. Chairman Buechler asked Mr. Petry if they are proposing to take down the abandoned house; he replied yes. He said that the garages will be renovated and that the living quarters above the garages will be used for visiting dignitaries. Ms. Weiss stated for the record that the applicant should consider taking the garages down because they are not well maintained. Mr. Petry stated that they are proposing forty eight (48) parking spaces and an additional three parking spaces can be proposed if needed. He said that a total of fifty one (51) parking spaces are being proposed. Mr. Petry referred to Exhibit A-6 and detailed where the driveways and the three handicap parking spaces will be located. Mr. Peiry presented the Grading, Drainage and Utility Plan, dated 5/27/09 with a revision date of 3/17/14, Chairman Buechler stated for the record that the Grading, Drainage and Utility Plan, dated 5/27/09 with a revision date of 3/17/14, was pre-marked as Exhibit A-7 for identification. Mr. Petry referred to Exhibit A-7 and began detailing it. He said that the property slopes from the right to the left and that they are proposing to construct a block wall so that the driveway could be graded downward. Mr. Petry said that the parking lot will also be graded for the collection of the storm water. Mr. Petry said the roof leaders will connect to the recharge system and that the water will discharge into the ground; he said that this is a new regulation. Mr. Petry stated that the storm water runoff met the criteria in the Township ordinance. Ms. Weiss asked Mr. Petry who came up with the plan to keep the existing garages; he said the applicant. He said that they are keeping the residence above the garages for visiting dignitaries. Mr. Petry said that it is the owners desire to keep it. Chairman Buechler asked when Sun King acquired the

ant. He said that they are keeping the residence above the garages for visiting dignitaries. Mr. Petry said that it is the owners desire to keep it. Chairman Buechler asked when Sun King acquired the real estate; Mr. Williams stated they acquired the property in two transactions in 2005 and in 2006.

Chairman Buechler asked Mr. Williams when they starting using the caretakers residence; he said he did not know. He said that the prior owner, the East Orange House of God, was using it. Mr. Petry presented the Lighting plan dated 5/27/09 and with a revision date of 3/17/14. Chairman Buechler stated for the record that the Lighting plan dated 5/27/09 and with a revision date of 3/17/14 was pre-marked as Exhibit A-8 for identification. Mr. Petry referred to Exhibit A-8 and began detailing the lighting plan, stating that this design is for a residential area. He said that they will be installing 12’ high shoe box fixtures and that the fixtures on the residential side of the property will have outside shields. Mr. Petry said that the bollard lights that they are proposing are waist high and will not visible to the residents. He said that the parking lot will not be over lit. Ms. Weiss asked Mr. Petry if there is a photo of the bollard lights; he said yes it is on the detail sheet. Chairman Buechler asked Mr. Petry if they are proposing any lighting near the garages; he said the only lighting for the garages will be on the structure itself. Chairman Buechler asked Mr. Petry if they are proposing any lighting on the driveway to the garages; he said no. He said that they usually do not light driveways of residences. Chairman Buechler asked Mr. Petry if any lighting is being proposed for the caretakers house driveway; he replied no. Chairman Buechler asked if they are installing lighting on the walkway of the caretaker’s house as a safety measure. Mr. Williams said that the members meet during the daytime only. Chairman Buechler asked Mr. Williams if they might mect at night in the future; he said that if the hours change it would be common sense to install some lighting on the walkway. Ms. Gabry asked Mr. Williams if the application stated that there are Sunday meetings as well; he said no. He said the meetings are only on Thursdays, Thanksgiving and on New Year’s. Mr. Williams said that the small facility will be opened from 8 am to 12 pm and 4pm to 8 pm for small prayer groups. He said that the Temple is open only on a Thursday. Chairman Buechler asked Mr. Williams what their religion is; he said it is a Hindu lifestyle and not areligion. He said it is a way of life. Mr. Petry said that the garage for the caretaker’s residence will have lights on

d Mr. Williams what their religion is; he said it is a Hindu lifestyle and not areligion. He said it is a way of life. Mr. Petry said that the garage for the caretaker’s residence will have lights on both sides of the door. He said that they are proposing lights at the entry door of the caretaker’s residence and that they can add landscape lamps along the walkway. Mr. Petry presented the Landscape and Tree Replacement plan dated 5/27/09 and with a revision date of 3/17/14.