December 18, 2014

Chairman Buechler accepted Mr. Adelsohn as an expert in Engineering. Mr. Adelsohn presented Site Plans; Chairman Buechler asked to have the site plans marked as Exhibit A-1 for identification. Mr. Adetsohn referred to Exhibit A-1 stating that the Hutton Gardens was constructed in 1952 and that this project has never been before this Board before. He said that the property is located in an R-G garden apartment zone district but the Hutton Gardens is technically not a garden apartment because it does not meet the definition of the term according to the West Orange Land Use Regulations Ordinance. Mr. Adelsohn presented the survey of the property. Chairman Buechler asked to have the survey marked as Exhibit A-2 for identification. Mr. Adelsohn referred to Exhibit A-2 and stated that the applicant is proposing to expand the parking lot behind building #7 by adding nine (9) additional parking spaces and one handicap parking space. He said that they are also proposing to add a sidewalk, repair the stairs and add one inlet in the back yard. Chairman Buechler asked Mr. Adelsohn if they inspected the inlet pipe; he replied no. Mr. Adelsohn said that he visited the site and watched the storm water. Mr. Adelsohn detailed the lighting plan and said that presently there is no lighting in the parking lot. He said that they are proposing to add four (4) pole mounted fixtures and two lights on the building. Chairman Buechler asked Mr. Adelsohn if he is referring to the existing parking lot; he replied yes. Mr. Adelsohn said that the light fixtures will be 16’ high down light fixtures. Chairman Buechler asked Mr. Adelsohn if they could lower the light fixtures a little; he replied no. Mr, Adelsohn said that the reason is that they have to keep the lights uniform or else they would have to add more lights. He said that all of the lights will be LED fixtures. Chairman Buechler asked Mr. Adelsohn what size the parking stalls will be; he replied 9° x 18”. Mr. Adelsohn said that the handicap parking space will comply with the ADA code. Mr. Adelsohn said that he would like to address the Omland Engineering memo dated 11/7/14. Chairman Buechler asked Mr. Adelsohn if he has had any conversations with Mr. Keller; he replied yes, Mr. Adelsohn addressed the following items in the Omland Engineering memo dated | 1/7/14: 11

Ttem #1 regarding the boundary and topographic surveys being attached to the site plans for any future submissions ~ applicant will comply. litem #2 regarding the plans depicting a four foot wide walkway — applicant will comply. Item #3 regarding extending the sidewalk along the easterly side of the new parking spaces — Mr. Adelsohn stated that in order to do that they would have to remove a tree; Mr. Keller said he is satisfied with them not extending the sidewalk for said reason. Ttem #4 regarding confirming that there is an accessible route from the ADA parking stall to the nearest building entrance — Mr. Adelsohn stated that the building is not ADA accessible so therefore changing it to accommodate a wheelchair is not feasible. Ttem #5 regarding not using flush curbing around the passenger loading zone and re- grading the proposed parking area — applicant will comply. litem #6 regarding providing additional top and bottom wall grades — applicant will comply. Mr. Neuer asked Mr. Grygiel if item #6 requires a variance; he replied he is not sure. Mr. Grygiel said that he thinks that it only requires a building permit. He said that he would check the Township’s Ordinance Item #7 regarding complying with the Township Ordinance for providing one shade tree plus ground level plantings for every ten (10) parking spaces — applicant will comply. Ttem #8 regarding clarification about the lights being on a timer or left on from dusk to dawn — Mr. Adelsohn stated that the lights will be left on from dusk to dawn. Item #9 regarding the hydraulic analysis of the existing outlet pipe. Mr. Keller stated that he has not received any calculations yet and advised Mr. Adelsohn to get them to him so that he can review them. Item #10 regarding the use of more traditional residential access drive materials — Mr. Adelsohn said that they will comply with changing the surface course but they will leave the base course pavement, Mr. Keller said that was acceptable. item #11 regarding the soil erosion and sediment control plan publishing the proposed area of disturbance — the applicant will comply. Item #12 regarding the inlet detail specifying which type of Eco curb piece is being provided — the applicant will comply. Tiem #13 regarding providing an above and below ground “as-built” of the constructed improvements -- the applicant will comply. Item #14 regarding

iece is being provided — the applicant will comply. Tiem #13 regarding providing an above and below ground “as-built” of the constructed improvements -- the applicant will comply. Item #14 regarding submitting and engineer’s estimate of probable construction costs — the applicant will comply. Item #15 regarding approvals from the Hudson Essex Passaic Soil Conservation District and the Essex County Planning Board — the applicant will comply. Chairman Buechler asked Mr. Keller if he had any other comments; he replied no. There were no further questions for Mr. Adelsohn from the Board Members or the Board Professionals. 12

Mr. Grygiel stated that after checking the Township’s Ordinance regarding the height of the wall, he said that the Ordinance is not clear. He said that the height of the wall is permitted up to 6’ high in the rear, Mr. Grygiel said that he thinks the wall is in the interior of the property. Mr. Neuer asked Mr. Stewart if he wanted to amend the application and add a variance for the height of the wall; he replied yes. Chairman Buechler asked if any members of the public had any questions for Mr. Adelsohn. Stacey Fields approached the podium and stated that she lives at 33 Glenside Drive. Ms. Fields asked Mr. Adelsohn if the parking lot will create a space for kids to play or loiter once the lights are installed. Mr. Adelsohn said that the parking lot will be lit to levels for safe parking and not for kids to hang out. Mr. Stewart calied his next witness. John McDonough approached the podium and was sworn under oath. Mr. McDonough detailed his professional background as a Professional Planner licensed in the State of New Jersey. Chairman Buechler accepted Mr. McDonough as an expert in Professional Planning. Mr. McDonough detailed all of the variances being requested in this application. He said that Hutton Gardens has been in existence since 1951, not 1952 as Mr. Adelsohn stated in his testimony. Mr. McDonough said that the complex looks like a Garden Apartment complex but, under the law, it does not fully conform to the definition of garden apartment and requires a D2 variance to expand an existing non-conforming use. He said that in addition to the use relief, bulk relief is required for front and rear yard and onsite parking supply even though they are proposing to increase the number of parking spaces. Mr. McDonough continued his testimony by detailing what is being proposed and what is allowed by Township Ordinance. Chairman Buechler asked Mr. McDonough if parking is a problem at this site; he said yes and in this project were built with garages under them but this area does not have them. Mr. Grygiel stated that the plan shows adding nine (9) parking spaces is proposed, He said they are also re-striping so they will gain one more parking space for a total of ten (10). Mr. Grygiel said there will be a grand total of 162 parking spaces. Mr. McDonough presented a planning exhibit consisting of three pages of photographs. Chairman Buechler asked

a total of ten (10). Mr. Grygiel said there will be a grand total of 162 parking spaces. Mr. McDonough presented a planning exhibit consisting of three pages of photographs. Chairman Buechler asked to have the planning exhibit consisting of three pages of photographs marked as Exhibit A-3 for identification. 13

Mr. McDonough referred to page one of Exhibit A-3 stating that it is an aerial photo that he downloaded from the Bing website and that he did not alter or photo shop it. Mr. McDonough detailed the surrounding area. Mr. McDonough referred to the photos on pages two (2) and three (3) of Exhibit A-3 and detailed them. Chairman Buechler asked Mr. McDonough if he took the photographs; he replied yes. Mr. McDonough said that he took the photographs on 8/23/14. Mr. Quentzel asked Mr. McDonough what area that was in photograph #4 on page two of Exhibit A-3; he replied it is a clothes line area. Mr. McDonough said that the clothes lines are not being used. Mr. McDonough stated that 2,000 sq. ft. of space will be impacted by this development. He said that there are hundreds of apartments and that the lights will not be pointed into any of the surrounding properties. Mr. Sussman referred to photograph #2 on page two of Exhibit A-3 and asked Mr. McDonough if that area is going to be re-striped; he replied yes. Mr. McDonough detailed the positive criteria stating that the general welfare will be improved. He said that it is a conversion and not an expansion of the buildings on site. Mr. McDonough detailed the negative criteria and stated that the parking is being improved. Chairman Buechler asked Mr. McDonough if any people contacted him, whether positive or negative, about the project; he replied na. Mr. Quentzel asked Mr. McDonough why the applicant is requesting additional parking; he said tenant demand. Mr. Quenizei asked Mr. McDonough if there is any other place that additional parking can be proposed; he said that he did not know because he did not inspect the entire site. Mr. Neuer referred to page #5 of Mr. McDonough’s report and asked him where the map was from; he said google maps. There were no further questions for Mr. McDonough from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. McDonough; there were none. Chairman Buechler asked Mr. Adelsohn to approach. 14

Chairman Buechler asked Mr. Adelsohn if there are any other locations in the complex to add additional parking; he said that he only walked the property and there were no other obvious spots. Chairman Buechler asked if any members of the public had any comments. Rose DelPreore approached the podium and was sworn under oath. Ms. DelPreore stated that she lives at 24 Hutton Avenue and that she is in favor of the application. She said that any additional parking is a good thing. There were no further comments from the members of the public. Chairman Buechler closed the hearing. Ms. Weiss stated that this is a positive addition. Chairman Buechler made a motion to approve the application with the following conditions; « Allagreements to the items in the Omland Engineering report shall be included as conditions of approval. © The trees that will be planted are subject to the approval of the Township Planner and must be resolved before the resolution is adopted at the next Zoning Board Meeting on January 15, 2015. Mr. Neuer stated that before the resolution is adopted, they must provide the Board Secretary with a letter from the Township Tax Collector stating that the taxes are current on the property. Mr. Neuer also stated that the application is amended for the variance for the retaining wall. Ms. Gabry seconded the motion to approve the application. ‘The vote was as follows: Bullock: - Steinhart: Yes Gabry: Yes Sussman: Yes Merklinger: - Weiss: Yes Neuer: Yes Chairman Buechler: Yes Quentzel: Yes The meeting was adjourned by Chairman Buechler at 9:40 pm Adopted: January 15, 2015 YZ fief iY Rose DeSena Zoning Board Secretary 15