January 15 2015

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING January 15, 2015 The West Orange Zoning Board of Adjustment held a regular meeting on January 15, 2015 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 December 11, 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: B. Buechler, G. Bullock, W. Merklinger, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman, A. Weiss ABSENT: D. Gabry (excused) ALSO PRESENT: Paul Grygiel, Consulting Planner Frank Russo, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary H. Grossman, Esq., Public Advocate D. Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: February 19, 2015 (regular meeting) February 26, 2015 (special meeting) March 19, 2015 (regular meeting) April 16, 2015 (regular meeting) Chairman Buechler stated for the record that the Board Secretary emailed a copy of a proposed draft ordinance that would incorporate sustainability measures in the application review process. He said that if any Board Members had any comments regarding this draft ordinance they should email their comments to the Board Secretary.

MINUTES Adopt Minutes: December 11, 2014 (special meeting) Chairman Buechler asked the Board members if they had any additional comments to the December 11, 2014 special meeting that were submitted to them for review. Seeing none, he asked for a motion to approve said minutes. Vice Chairman Neuer made a motion to approve the minutes of the December 11, 2014 special Zoning Board of Adjustment meeting as submitted to the Board members; Mr. Bullock seconded the motion and all were in favor. It was noted for the record that Mr. Merklinger and Ms. Weiss did not vote on these minutes. Adopt Minutes: December 18, 2014 (regular meeting) Chairman Buechler asked the Board members if they had any additional comments to the December 18, 2014 regular 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 of the December 18, 2014 regular Zoning Board of Adjustment meeting as submitted to the Board members; Vice Chairman Neuer seconded the motion and all were in favor. It was noted for the record that Mr. Bullock and Mr. Merklinger did not vote on these minutes. SWEARING IN Consulting Planner for the Township, Paul Grygiel, and Consulting Engineer for the Township, Frank Russo were sworn under oath. RESOLUTIONS 1, ZB-14-11/Nyunt Approved 12/18/14 Block: 167.03; Lot: 35; Zone: R-3AH 9 Efstis Court “C” variance for a rear yard setback for installing a deck in the rear of the home

Chairman Buechler stated that he and Vice Chairman Neuer submitted comments to Ms. Beirne for this resolution. Ms. Beirne stated that she approved those comments and they were incorporated into the resolution. Chairman Buechler asked if any other Board Member had any comments; seeing none Chairman Buechler asked for a motion to adopt the resolution. Vice Chairman Neuer made a motion to adopt the resolution to include the comments made by Chairman Buechler and himself; Mr. Steinhart seconded the motion to adopt. The vote was as follows: Bullock: - Steinhart: Yes Gabry: - Sussman: Yes Merklinger: - Weiss: Yes Neuer: Yes Chairman Buechler: Yes Quentzel: Yes 2. ZB-14-12/Henry Block: 172.04; Lot: 2.01; Zone: R-5 899 Pleasant Valley Way Seeking two (2) “C” variances for the rear and side yard to construct a second story addition to a single family dwelling. Approved 12/18/14 Chairman Buechler stated that Vice Chairman Neuer submitted comments to Ms. Beirne for this resolution. Ms. Beirne stated that she approved those comments and they were incorporated into the resolution. Chairman Buechler asked if any other Board Member had any comments; seeing none Chairman Buechler asked for a motion to adopt the resolution. Mr. Sussman mad a motion to adopt the resolution to include the comments made by Vice Chairman Neuer; Mr. Quentzel seconded the motion to adopt. The vote was as follows: Bullock: - Steinhart: - Gabry: Yes Sussman: Yes Merklinger: - Weiss: Yes Neuer: Yes Chairman Buechler: Yes Quentzel: Yes 3. ZB-14-13/Brice Block: 176.18; Lot: 7; Zone: R-6 16 Stanford Avenue Approved 12/18/14 Three “C” variances for an addition to an existing house.

Chairman Buechler stated that he and Vice Chairman Neuer submitted comments to Ms. Beirne for this resolution. Ms. Beirne stated that she approved those comments and they were incorporated into the resolution. Chairman Buechler asked if any other Board Member had any comments; seeing none Chairman Buechler asked for a motion to adopt the resolution. Vice Chairman Neuer made a motion to adopt the resolution to include the comments made by Chairman Buechler and himself; Mr. Steinhart seconded the motion to adopt. The vote was as follows: Bullock: - Steinhart: - Gabry: Yes Sussman: Yes Merklinger: - Weiss: Yes Neuer: Yes Chairman Buechler: Yes Quentzel: Yes 4. ZB-14-09/Hutton Lafayette Apartments Approved 12/18/14 Block: 78.02, 71.03; Lot: 1, 1.02 and 1.03; Zone: R-G 60 Randolph Place Seeking a “D” and “C” variances for the expansion of a parking lot. Chairman Buechler stated that Vice Chairman Neuer submitted comments to Ms. Beirne for this resolution and asked if any other Board Member had any comments. Vice Chairman Neuer stated that as a condition of approval, the trees that the applicant is proposing to plant were to meet the approval of Mr. Grygiel. He said that Mr. Grygiel issued a memo to the Board stating that he approved the number, type and arrangement of the trees and that this condition was satisfied. Vice Chairman Neuer also stated that the resolution should be modified to add the additional items in the memo from Omland Engineering dated January 12, 2015 and made a motion to adopt the resolution as revised. Mr. Steinhart seconded the motion to adopt the resolution as revised. The vote was as follows: Bullock: - Steinhart: - Gabry: Yes Sussman: Yes Merklinger: - Weiss: Yes Neuer: Yes Chairman Buechler: Yes Quentzel: Yes

APPLICATION(S) 1. ZB-14-10/Franco Carried over from 11/20/14 Block: 176.25; Lot: 10; Zone: R-4 24 Ferris Drive Seeking four (4) variances for installing an above ground swimming pool Emilia Franco approached the podium. Chairman Buechler stated that Ms. Franco was present with her husband at the November 20, 2015 Zoning Board meeting and had asked for a further adjournment. Chairman Buecher asked if Councel for Dr. Blank was present in the room; no one responded. Chairman Buechler asked Ms. Franco if any written agreements were made with Dr. Blank and Mr. Abdallah since the last meeting; she replied no. Ms. Franco stated that her husband had to go away on a business trip and could not be at this meeting. She said that agreements were made verbally between them and Dr. Blank and Mr. Abdallah, Ms. Franco said that Dr. Blank still wanted to talk to his attorney and that no written agreements were made yet. Chairman Buechler asked if any members of the public were present for the Franco application; there were none. Chairman Buechler stated that this application will be adjourned to the next regular Zoning Board meeting held on February19, 2015. He advised Ms. Franco that if Dr. Blank does not sign the agreement by that time, the application will be denied because the Board could not approve an application built on an adjoining property owner’s land without written consent and the Municipal Court can handle it. Chairman Buechler stated that this will be the last adjournment and it will go back to the Municipal Court. Chairman Buechler advised Ms. Franco that she must provide notice to her neighbors, Mr. Abdallah and Dr. Blank, that this will be adjourned until February 19, 2015. Chairman Buechler stated that other than providing notice to Mr. Abdallah and Dr. Blank, no other notice will be required. 2. ZB-14-08/Sai Hira Ram Trust, Inc. Carried over from 11/20/14 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 — Boundary and Topographic Survey A-2 — Layout Sheet 2 of 9 with a revision date of 11/3/14 A-3 — Grading, Drainage and Utility Plan, Sheet 3 of 9, with a revision date of 11/3/14 A-4 — Landscaping and Tree Replacement Plan, Sheet 5 of 9, with a revision date of 11/5/14 A-5 — Lighting Plan, sheet 4 of 9, with a revision date of 11/5/14 A-6 — Sample Schedule for the House of Worship A-7 — Roof Sample Exhibit A-8 — Temple Floor Plans Sheet - A-300 A-9 — Meditation Center Floor Plans — Sheet A-100 A-10 — Temple Elevations Sheet - A-400 A-11 -— Temple Elevation Rendered — A-410 A-12— Meditation Center Elevations — Sheet A-200 Robert Williams approached the podium and said that they appeared before this Board on September 18, 2014 but they would like to start over again. Mr. Williams stated that the applicant is seeking preliminary and final site plan approval, with several variances, for the purpose of converting a single family residence to a House of Worship on lot 15.01 and an accessory caretaker’s home and small meditation center on lot 16. Mr. Williams called his first witness. J. Michael Petry approached the podium and was sworn under oath. Mr. Petry detailed his professional and educational background as a Professional Engineer licensed in the State of New Jersey. Chairman Buechler stated that Mr. Petry has testified before this Board several times and is accepted as an expert in Engineering. Mr. Petry stated that he testified at the last meeting on September 18, 2014 but because they are starting fresh, he will be testifying tonight as if he never testified. Mr. Petry presented the Boundary and Topographic Survey. Chairman Buechler stated that the Boundary and Topographic Survey was pre-marked as Exhibit A-1 for identification. Mr. Petry referred to Exhibit A-1 and began detailing the property stating that the two separate lots, 15.01 and 16, are located in an R-4 Zone and consist of over two (2) acres of land. He said that each lot has a single family dwelling on it and that one is occupied and the other is abandoned. Mr. Petry detailed the drainage systems and the sanitary easement on the lots. Mr. Petry presented sheet two (2) of nine (9) of the Layout sheet with a revision date of 11/3/14. Chairman Buechler stated that sheet two (2) of nine (9) of the Layout sheet with a revision date of 11/3/14 was pre-marked as

two (2) of nine (9) of the Layout sheet with a revision date of 11/3/14. Chairman Buechler stated that sheet two (2) of nine (9) of the Layout sheet with a revision date of 11/3/14 was pre-marked as Exhibit A-2 for identification.

Mr. Petry referred to Exhibit A-2 and began detailing it. He stated that they will be removing the abandoned house located on lot 15.01 and that the existing structure on lot 16 will remain as a daily prayer room. Mr. Petry presented a hand out of a sample worship or use schedule for the House of Worship. Chairman Buechler asked to have the sample schedule for the House of Worship marked as Exhibit A-6 for identification. Mr. Petry referred to Exhibit A-6 and said that the daily prayer room will be open every day for prayer for approximately 0-4 people. He said that services will be held at the main Temple each Thursday and on the full and new moon each month from | lam to 12 pm followed by a traditional meal from 12 pm to 1pm. Mr. Petry said that services in the main building will be held six (6) times during the course of the month. Chairman Buechler asked Mr. Petry who prepared the sample schedule for the House of Worship; he said it was a collaboration. Mr. Petry said that the information on Exhibit A-6 comes directly from the applicant and that he wanted to present it early on so that the Board could see how the schedule fully functions. Mr. Williams stated that Ms. Thani provided the information on Exhibit A-6. Chairman Buechler stated that this is not something an Engineer testifies to. Mr. Petry continued with his testimony stating that approximately four (4) to forty (40) people will be in attendance for service. Chairman Buechler advised Mr. Petry that his testimony regarding the number of members is not the same as his last testimony. Mr. Williams stated that this is new testimony. Chairman Buechler said that his notes reflect that testimony was given that there are twenty nine (29) current members and that they are projecting seventy five (75) to one hundred (100) members in the future. Mr. Williams stated that they did not change the number of members. Chairman Buechler said that forty (40) members were not mentioned before. Chairman Buechler said that they are also going to need to clarify the concept of “bringing guests” with further testimony. Mr. Petry continued with is testimony regarding the onsite parking spaces being proposed. He said that the Township Ordinance requires forty six (46) parking spaces and they are proposing forty eight (48) parking spaces. Mr. Petry stated that the existing garages will be completely removed

e said that the Township Ordinance requires forty six (46) parking spaces and they are proposing forty eight (48) parking spaces. Mr. Petry stated that the existing garages will be completely removed and that the existing driveway will be replaced with grass pavers. He said that the driveway can accommodate a fire truck. Chairman Buechler asked Mr. Petry if the gate that they were originally proposing will not be there anymore; he replied yes.

Chairman Buechler asked Mr. Petry if there will be a no parking sign there so that cars do not park there; he said that they could put a sign there but he doesn’t think that cars will park there because they are installing pavers with grass that grows through the pavers. Ms. Weiss asked Mr. Petry what type of deliveries will be made in the back where the residence is being proposed; he said deliveries from a UPS truck. Mr. Petry said that the applicant asked them to provide access to accommodate a UPS truck and an ambulance. He said that he does not know what type of packages will be delivered. Mr. Petry also said that the Township’s Fire Official asked that they provide an 18’ path. Mr. Petry detailed the impervious coverage calculations. He said that the grass pavers are considered pervious because it has less runoff then an asphalt driveway. Mr. Petry presented sheet three (3) of nine (9) of the Grading, Drainage and Utility Plan with a revision date of 11/3/14. Chairman Buechler stated that sheet three (3) of nine (9) of the Grading, Drainage and Utility Plan with a revision date of 11/3/14 was pre-marked as Exhibit A-3 for identification. Mr. Petry referred to Exhibit A-3 and detailed the drainage plan being proposed and the storm sewers on the property. He said that the parking lot will be away from the residential properties. Chairman Buechler asked Mr. Petry if there were any amendments to the storm water management report and the storm water maintenance plan that was submitted with the application because of the revision to the plans; he replied no. Mr. Petry stated that the revisions are conservative. Mr. Petry explained how the recharge system operates and detailed the storm water runoff rates. Mr. Petry presented sheet five (5) of nine (9) of the Landscaping and Tree Replacement Plan with a revision date of 11/5/14. Chairman Buechler stated that sheet five (5) of nine (9) of the Landscaping and Tree Replacement Plan with a revision date of 11/5/14 was pre-marked as Exhibit A-4 for identification. Mr. Petry referred to Exhibit A-4 and detailed what trees will remain and which ones will be removed. He then detailed all of the trees and shrubs that will be planted on the site. Ms. Weiss asked Mr. Petry if the berm will hide the parking lot; he replied yes. Mr. Petry said it will screen the headlights. Mr. Petry stated that in the