November 17, 2014

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING November 17, 2014 The West Orange Zoning Board of Adjustment held a special meeting on November 17, 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 3, 2014 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, P. Neuer, B. Quentzel, M. Sussman, A. Weiss W. Merklinger (excused absence) W. Steinhart (excused absence) Paul Grygiel, Consulting Planner Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary HL. Grossman, Public Advocate D. Dillon, Audio-Digital Transcription Service November 20, 2014 (Regular Meeting) — 8:00 pm December 11, 2014 (Special Meeting) — 8:00 pm December 18, 2014 (Regular Meeting) — 8:00 pm. January 15, 2015 (Regular Meeting) — 8:00 pm Consulting Planner for the Township, Paul Grygiel, and Consulting Engineer for the Township, Eric Keller, were sworn under oath.

APPLICATION(S) 1. ZB-14-04/Patin Carried over from 9/18/14 Block: 165.02; Lots: 4, 5; Zone: B-2/R-4 782 Northfield Avenue & 5 Dogwood Road Seeking 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-6 — Proposed Addition and Attic Floor Plan - Sheet A-Sa with a revision date of 11/7/14 A-7 — Site Plan — 10 sheets with a revision date of 9/8/14 A-8 — Revised Traffic Assessment — three (3) pages A-9 — Planning Exhibit — three (3) pages William Sullivan, Esq., attorney for the applicant, approached the podium. Chairman Buechler stated that this application was last heard at the Zoning Board’s regular meeting held on August 21, 2014. Mr. Sullivan stated that the applicant’s Architect and Engineer will be testifying to address some issues that came up at the last meeting on August 21, 2014. He said that their Traffic Expert and Professional Planner will also be testifying, Mr. Sullivan called his first witness. Andre G. Szalay approached the podium and was sworn under oath. Chairman Buechler stated for the record that Mr. Szalay was accepted as an expert witness in architecture at the last meeting. Mr. Sullivan asked Mr. Szalay to address item #38 in the Omland Engineering technical review dated 9/13/14 regarding the screening of the air conditioner condensers. Mr. Szalay presented a revised plan of the attic floor and proposed addition; Chairman Buechler asked to have Sheet A-Sa of the revised plan of the attic floor and proposed addition marked as Exhibit A-6 for identification. Mr, Szalay referred to Exhibit A-6 and described where the access to the attic is on the plans and noted where the air conditioner condensers will be located.

Mr. Sullivan asked Mr. Szalay how high the ceilings are in the attic; he replied seven (7) feet high. Chairman Buechler asked Mr. Szalay if the attic will be used for storage only; he replied yes. Mr. Sullivan stated that they will accept the attic being used for storage only as a condition of approval. Mr. Szalay referred to item #25 of the Omland Engineering technical review letter dated November 13, 2014 regarding refuse pickup. He said that he spoke to the Township’s Health Official and was told that under the Township’s current code that they are allowed to put their trash on the curb on Dogwood Road. Mr. Szalay said that they are not required to have the trash privately picked up. Mr. Szalay also stated that the boat that was in the parking lot has been removed. Mr. Szalay said that they will be removing a little over of a foot of the neighbor’s driveway on Dogwood Road that is encroaching on the applicants’ property. He said that the applicant decided to remove the portion that is extending on to his property at his own expense so that there are no title issues. Chairman Buechler asked Mr. Szalay if he notified the neighbor that they will be removing a portion of their driveway; he replied no. Mr. Sullivan stated that the neighbor did not want to entertain any discussion with them. Mr. Neuer said that the driveway issue is not the architect’s purview; he said that the engineer should discuss this. Chairman Buechler asked who will address the “for rent” sign on the building that was discussed at the last meeting. Mr. Sullivan asked Mr. Szalay if there are any signs currently on the building; he said no, Mr. Szalay said that he was at the site about a week and a half ago and all of the signs have been removed. He said that the owner wanted to rent an apartment space that was going to be vacant but he changed his mind. Mr. Sussman asked Mr. Szalay if the apartment is vacant; he replied no. Mr. Szalay said that the tenant decided not to leave. Mr. Neuer asked Mr. Szalay to include a legend on the front page of the final architectural drawings showing the air conditioner condensers. There were no further questions for Mr. Szalay from the Board Members of the Board. Professionals.

Chairman Buechler asked if any members of the public had any questions for Mr. Szalay; there were none, Mr. Sullivan cailed his next witness. Frederick C. Meola approached the podium and was sworn under oath. Chairman Buechler asked Mr. Meola if there have been any changes in his qualifications since the last hearing; he replied no, Chairman Buechler stated that Mr. Meola is still accepted as an expert in professional engineering. Mr. Meola presented revised site plans with a revision date of 9/8/14. Chairman Buechler asked to have the ten (10) sheets of the revised site plans with a revision date of 9/8/14 marked as Exhibit A-7 for identification. Mr. Sullivan asked Mr. Meola to refer to Exhibit A-7 and point out the water line on the plans. Mr. Meola referred to page 4 of the site plans and pointed out where the water line is located. He said that they only need one water line going in but if they need a second line it will run along the first water line. Mr. Sullivan asked Mr. Meola to refer to the Omland Engineering technical review letter dated November 13, 2014 and address the security lighting being proposed. Mr. Meola referred to the lighting plan on sheet ten (1) of Exhibit A-7 and stated that they are proposing all LED lights and installing a motion sensor light that will go on if a tenant is outside or putting out the garbage. Mr. Sullivan referred to item #19 on the Omland Engineering review letter and stated that Mr. Keller felt that the motion sensor lighting would be distracting because the on and off lights could be very intrusive to the neighbors. He said that Mr. Keller is suggesting that the security LED lights operate at half the power after 10:00 pm. Mr. Neuer asked Mr. Keller what his decision is regarding the security lighting; he said they should reduce the LED light to half power at night instead of installing a motion sensor light. Mr. Sullivan referred to a memo from the Township’s Police Department dated September 2, 2014 regarding a lighting survey they conducted at the site, He said that the police noted in the survey that some fixtures that were not working needed to be repaired. Mr. Sullivan said that they survey also noted that there was a PSE&G light pole that was not lit. Mr. Meola said that if some of the lights are not working, they will fix them.

Mr. Neuer asked Mr. Meola if he meant that they will be repairing the lights on the site and not the PSE&G light pole; he said yes. Mr. Sullivan asked Mr. Meola if they revised the landscaping plan; he replied yes. Mr. Sullivan asked Mr. Meola to address item #35 in the Omland Engineering review letter dated 11/13/14 and to detail the tree removal revisions that were made to the plan. Mr. Meola referred to the revised landscaping plan on page three (3) of Exhibit A-7 and said that the x’s shown on the plan are the trees that will be removed. Mr. Keller stated that the plans need a little more revision and should show if a tree is dead. Mr. Sullivan asked Mr. Meola to address item #36 in the Omland Engineering review letter dated 11/13/14, Mr. Meola referred to sheet six (6) of Exhibit A-7 regarding the landscape on Northfield Avenue and detailed what additional landscaping is being proposed. He said that the five (5) Japanese Hollies will come out and be replaced with azaleas. Mr. Keller stated that the proposed landscaping plan presents a much nicer view from Northfield Avenue and Dogwood Road. Mr. Sullivan asked Mr, Meola to address the neighbor’s driveway that is encroaching on the applicant’s property. Mr. Meola referred to sheet 2 of Exhibit A-7 and noted the location of the neighbor’s driveway on the plans. He said that the driveway is encroaching approximately 2’ and they are proposing to remove it by cutting the blacktop. Chairman Buechler asked Mr. Meola how wide the neighbor’s driveway will be after the portion is removed; he said at least ten (10) feet or more. Mr. Neuer asked Mr. Meola how long has the neighbor’s driveway been like that; he said he did not know. Mr. Neuer stated for the record that this Board cannot approve the removal of the encroached portion of the neighbor’s driveway and the Board will not endorse that. Mr. Sullivan referred to Omland Engineering’s technical review dated 11/13/14 and stated that they will address the following comments: Item #3 regarding the Township’s Building Department requiring another cleanout provided on the existing sewer lateral outside the new building — applicant will comply.

Item #5 regarding the fire and sprinkler line — applicant will comply. Ttem #6 regarding providing the Township an easement for the storm drain that runs under the building -- Mr. Meola said that the applicant will not provide the Township with an casement but will provide the Township access to repair the pipe if need be. Mr. Neuer suggested that Mr. Sullivan have the Township Attorney make the decision as to whether the Town will need an easement or just access to the pipe. Ms. Beirne stated for the record that a condition of approval regarding this matter will be to the satisfaction of the Township Attorney. Item #7 regarding discrepancy of the parking calculations — applicant will resolve the discrepancy. Item #15 regarding cleaning and video inspecting the existing storm sewers — applicant will comply as a condition of approval. Item #19 and Item #20 regarding lighting/security lighting on site - Mr. Meola stated that the applicant will comply. Item #28 regarding site signage — Mr. Sullivan stated that the applicant does not have a sign package yet because they have not secured a tenant. He said that the signage will conform with the Township’s sign ordinance. Chairman Buechler stated that the Board will not approve the signage. Mr. Sullivan stated that ifthe applicant applies for a sign permit then it must be in compliance with the Township’s sign ordinance. There were no further questions for Mr. Meola from the Board Members of the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Meola. Marilyn Fogarty approached the podium and stated that she lives at 8 Dogwood Road. She asked Mr. Meola how many trees will be taken down. Mr. Meola referred to page three (3) of Exhibit A-7 and listed all of the trees that will be taken down. Ms. Fogarty asked Mr. Mcola how many live trees will be taken down; he replied fifteen (15). Mr. Meola said that six (6) of these trees are in fair to poor condition and nine (9) are in good condition, Ms. Fogarty asked Mr. Meola what the landscaping plans are after they remove the strip of driveway that is encroaching; he said they will replace it with grass. Allegra Lagani approached the podium and stated that she lives at 21 Dogwood Road, She asked Mr. Meola if they will be providing the Township with an casement or access to the storm drain that runs under the

Lagani approached the podium and stated that she lives at 21 Dogwood Road, She asked Mr. Meola if they will be providing the Township with an casement or access to the storm drain that runs under the building. Mr. Sullivan replied and stated that the applicant will have to negotiate that with the Township Attorney.

There were no further question for Mr. Meola. Mr. Sullivan called his next witness. John A. Desch approached the podium and was sworn under oath. Mr. Desch detailed his educational and professional background as a licensed Professional Engineer in the States of New Jersey, Pennsylvania and Ohio. He stated that he has worked for many Municipalities as the Township Engineer and have testified before many Boards. Mr. Desch stated that he will be testifying as the Traffic Engineer for the applicant. Chairman Bucchler accepted Mr. Desch as an expert in Traffic Engineering. Chairman Buechler asked Mr. Desch if he prepared the traffic report dated November 6, 2014 that was submitted to this Board; he replied yes. Mt. Sullivan asked Mr, Desch to define the levels of service and volumes of traffic for the site. Mr. Desch referred to his report dated 11/6/14 and stated that he provided an analysis of the 1700 sq. ft. space, based on a single occupancy, and the impact it will have on Northfield Avenue and Dogwood Road. He said that he determined that there will be adequate parking spaces onsite with an occasional one or two parking spaces needed on Dogwood Road. Mr. Desch said that he also determined how many vehicles will be generated from this site. Mr. Neuer asked Mr, Desch why it was based on a single occupancy when the application states there will be two new uses. Mr. Desch said to just reduce the numbers he shows in his report in half. There was some discussion regarding the numbers that were used to determine the levels of service. Mr. Sullivan stated that they used the larger numbers to determine that. Mr. Desch stated that in conclusion, all traffic coming in from Northfield Avenue and exiting on Dogwood Road makes the site safer. Mr. Sullivan referred to a memo from West Orange Police Officer Chris Jacksic dated 7/14/14 and said that this report states that the proposed addition will have no significant impact on the neighborhood. Mr. Desch referred to Table 3 of his traffic report regarding the parking analysis and stated that the parking counts were inaccurate in the report and detailed the correct counts. He said that on page five (5) at 11:00 am on Friday 9/5/14 the correct count is twenty one (21) instead of twenty four (24) required spaces and at 2:00 pm the correct number is fourteen (14) instead of thirteen (13) occupied spaces and the

am on Friday 9/5/14 the correct count is twenty one (21) instead of twenty four (24) required spaces and at 2:00 pm the correct number is fourteen (14) instead of thirteen (13) occupied spaces and the total spaces needed only on Friday evening is twenty four (24) spaces and not twenty one (21) spaces. Chairman Buechler asked how many parking spaces are on site today; Mr. Sullivan said there are no striped parking spaces on site today. Mr. Desch said that there will be twenty one (21) parking spaces onsite and only twenty four (24) spaces are needed one time a week.

Chairman Buechler called for a recess at 9:26 pm. Chairman Buechler resumed the meeting at 9:38 pm. Mr. Neuer asked Mr. Desch, in his opinion, what repairs should be made in the parking lot; he said that would be beyond his area of involvement but in his opinion he would recommend striping. Mr. Keller asked Mr. Desch if he received any similar time frame count information from Essex County for Northfield Avenue so that he could compare his counts when school was open; he said that he took his counts in May of 2009 and the counts that Essex County took are less, Mr. Desch said the numbers went down. Mr. Keller asked Mr. Desch if he observed any change to the traffic flow from Old Short Hills Road when the traffic signal turned red while he was taking his counts; he said the counts showed that there was not a lot of delay. Mr. Keller asked Mr. Desch if there was any site obstruction at the intersection of Dogwood Road and Northfield Avenue; he replied no. Mr. Grygiel stated for the record that it was stipulated at a prior meeting that there would be no retail in the 1700 sq. fi. proposed addition and it would be used for office space only. There were no further questions for Mr. Desch from the Board Members of the Board Professionals. Chairman Bucchler asked if any members of the public had any questions for Mr. Desch. Allegra Lagani approached the podium and stated that she lives at 21 Dogwood Road. She asked Mr. Desch if the counts included the traffic for the after school park activities; he said yes. Mr. Desch said that those counts were ten (10) cars per hour. Marilyn Fogarty approached the podium and stated that she lives at 8 Dogwood Road. She asked Mr. Desch if his counts included all of the vehicles from the existing space exiting on Dogwood Road; he replied yes. Ms. Fogarty asked Mr. Desch if he noticed how difficult it was making a left turn on to Northfield Avenue from Dogwood Road; he replied yes. There were no further questions for Mr, Desch. Mr. Sullivan called his next witness. John McDonough approached the podium and was sworn under oath. Mr. McDonough detailed his professional background as a Professional Planner and Landscape Architect licensed in the State of New Jersey.