October 1, 2014

Mr. Grygiel gave a recapitulation of the Ordinance to limit the hours of operation earlier than 6:00 A.M. and after 12:00 A.M., retail and other businesses in residential zones and within 200 feet of residential zones. The Ordinance described the types of businesses to be affected. Mr.

Grygiel said the Ordinance would affect all new businesses going forward that were not already in operation. The Board discussed the proposed Ordinance. Mr. Klein asked if adopted, would an Applicant be able to appear before the Board if they wanted to operate extended hours, would it be a waiver or variance; what would happen to a new business that purchased an existing business. Mr. Dwyer said the current Police Ordinance 4.9 checklist required site plan approval; if it became part of Chapter 25, then it would be considered a variance. Council President McCartney voiced concern that some businesses had liquor licenses that permitted them to be open uniil 2:00 A.M. Dr. Bagoff opined those existing businesses would be “grandfathered”. Mr. Grygiel said the limitation of the Ordinance was in a residential zone or within 200 feet of a residential zone. Council President McCartney and Mr. Klein both stated that almost every commercial zone was within 200 feet of a residential zone. Mr. Eben questioned why the Ordinance was necessary; he opined that 4.9 was clearly defined. Dr. Bagoff opined the Board should define whether relief to the Ordinance was a waiver or a variance; he also voiced concern regarding Section g of the proposed Ordinance; he inquired what would happen if the approval process for a temporary license took longer than anticipated. Mr. Dwyer said if the Ordinance was in Chapter 25, a request for relief would be a variance. Council President McCartney stated the Board had recently streamlined the Zoning Ordinance and was currently working to streamline the Technical Review process; she opined she was not comfortable with a new business restriction that would require an Applicant to seek additional variance relief. Vice Chairman Weston opined that MLUL clearly defined variances; the Board should not define variances; the proposed Ordinance was extremely prohibitive for hours of operation; he opined changing it from 12 A.M. — 6:00 A.M. to 1:00 A.M. -5:00 A.M. Mr. Dwyer said he and Mr. Grygiel had discussed whether the hours of operation be considered part of land use law at all; should it remain Police Ordinance. Mr. Eben said the existing Police Ordinance was regarding hours of operation; the proposed Ordinance was regarding land use, which one would take precedence. Mr. Klein voiced concern that as a necessary function for operating,

Police Ordinance was regarding hours of operation; the proposed Ordinance was regarding land use, which one would take precedence. Mr. Klein voiced concern that as a necessary function for operating, some businesses had early morning deliveries and employees on premises to set up operations for the day that would be affected by the Ordinance. Council President McCartney opined Section h of the proposed Ordinance was a clear redundancy of Police Ordinance 4.9; she questioned the necessity of having two ordinances. Mr. Ghebremicael voiced concern about Section c; he opined hours of delivery not be curtailed, it would create hardship for some businesses. Councilman Jerry Guarino, 10 Belgrade Terrace, advised the Board he had worked on the Ordinance after speaking with the Mayor; he opined it was necessary to address the issue. He said he realized the Township was obliged to be business friendly; but to keep the flavor of a bedroom community in those areas zoned residential, regulations for development were needed. He acknowledged the (draft) Ordinance needed to be reviewed and revised. He gave a brief overview of the Ordinance, clarified some issues raised by the Board, and asked the Board for guidance. Dr. Bagoff opined the draft was a great first step; he suggested that with input from the Board, the Ordinance be redrafted and reviewed again at the next Board meeting. He asked if the Chamber of Commerce and Downtown Alliance had been contacted for input. He suggested the formation of an ad-hoc committee. Vice Chairman Weston suggested a better limit to hours of operation would be 1 A.M. to 5:00 A.M.; he voiced concern that too limited hours of operation might deter businesses from the community, Mr. Eben suggested that some members of the Board work with the Council to redraft the Ordinance. President McCartney opined it was a good idea to take a pro- 8

active approach to commercial development adjacent to residential zones; she voiced concern that the Ordinance was redundant and needed to be further reviewed before action. Harvey Grossman, Public Advocate; he opined that the Ordinance as written would not work due to the types of businesses that currently operated in areas adjacent to residential zones; he stated he was concerned about the Ordinance definition of a retail business; he opined movie theatre and fueling station be added. Councilman Joe Krakoviak, 20 Grandview Avenue, voiced concern that while an existing 24-hour business would not be impacted, it might be when they wanted to sell. He also said it would be important to clarify the definition of being open for business. He opined it was important to look at the existing commercial zones to be impacted by the Ordinance. Council President McCartney opined it had been determined that the Ordinance would affect every commercial zone. Mr. Eben concurred. The Board recommended the Council not advance the Ordinance on Second Reading until it was further researched, developed, and refined; and an Ad-Hoc Committee be formed to assist the Council in drafting the Ordinance. The Committee to include members of the Council, Planning Board, Chamber of Commerce, Downtown Alliance, Police Department and others. The Board voted on the Recommendation as follows: Motion: Dr. Bagoff Second: Vice Chairman Weston Bagoff: Yes Carlucci: Yes Eben: Yes Ghebremicael: Yes Gurland: Absent | Klein: Yes Lester: Absent | McCartney: Yes Weston: Yes Wilkes: Absent | Heller: Yes DISCUSSIONS Stand-by Generators Dr. Bagoff addressed the Board; he stated that with the proliferation of stand-by generators in the Township, a list of businesses with generators be made available to Township officials to assist members of the public in time of emergency. Council President McCartney opined that a list was available to the Office of Emergency Management. Vice Chairman Weston said that all generators required permits; the Building Department would have the information. Recent Ordinances Council President McCartney advised the Board the Council had recently adopted the following Ordinances: 2417-14 — An Ordinance Requiring The Installation Of A Key Lock Box Emergency Access System For Use By The West Orange Fire Department During An Emergency Or Any Other Action Deemed Necessary

nances: 2417-14 — An Ordinance Requiring The Installation Of A Key Lock Box Emergency Access System For Use By The West Orange Fire Department During An Emergency Or Any Other Action Deemed Necessary By The West Orange Fire Department And Adding Section 4 To Chapter 18 Of The Municipal Code Of The Township Of West Orange.

2418-14 — An Ordinance Requiring The Installation Of A Fire Department Connection Indicator Light For Use By The West Orange Fire Department And Adding Section 5 To Chapter 18 Of The Municipal Code Of The Township Of West Orange. Technical Review Subcommittee Ordinance and Application Process Carried from the September 3, 2014 regular meeting. DISCUSSION Chairman Heller asked Mr. Grygiel if he had received any comments from the Board regarding the draft document for proposed changes to the Technical Review Procedures. Mr. Grygiel said he had not received any comments. He gave a brief recapitulation of his memorandum dated October 3, 2014, as well as the attached draft recommendation. The recommendation included making the process more user-friendly; creating an informational flow-chart; eliminating the current Technical Review Committee, to be replaced by a Site Plan Review Advisory Board as permitted by the Municipal Land Use Law; provide standards for when site plan approval was required; define “major” and “minor” site plans; and require review of all major site plan applications to both the Planning Board and Zoning Board of Adjustment. The Board discussed the changes to the Technical Review to include elimination of $100,000.00 improvements threshold and inclusion of Zoning Board applications to site plan review process. It was determined that the final draft would be ready for Board review and recommendation at the November meeting. MEETING ADJOURNED at approximately 9:50 P.M. Minutes adopted December 3, 2014 a Robin Miller, Planning Board Secretary Township of West Orange THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE WEDNESDAY JANUARY 7, 2015 AT 7:30 P.M. IN COUNCIL CHAMBERS 10