January 7, 2015

TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING MINUTES January 7, 2015 The Township of West Orange Planning Board held a regular meeting on January 7, 2015 at 7:30 P.M. in Council Chambers, 66 Main Street, West Orange, New Jersey. Chairman Heller called the meeting to order at approximately 7: 33 P.M. It was announced that notification of this meeting was given to the Township Clerk, and posted on the Township Bulletin Board on December 11, 2014 in accordance with the requirements of the “Open Public Meetings Act”. PRESENT: Chairman Ben Heller, Robert Bagoff, Gerald Gurland, Jerome Eben, Lee Klein Council President Susan McCartney ABSENT: Joanne Carlucci, Tekeste Ghebremicael, Jason Lester, Vice Chairman Ron Weston, William Wilkes II ALSO PRESENT: Paul Grygiel, AICP, PP, Acting Township Planner, Frank Russo, PE, PP, Omland Engineering, Township Consulting Engineer, Patrick J. Dwyer, Esq., Board Attorney, Robin Miller, Board Secretary, Debbie Dillon, Audio-Digital Transcription Service PLEDGE OF ALLEGIANCE Chairman Heller requested all persons stand for the Pledge of Allegiance. ROLL CALL Robert Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Chairman Ben Heller, Lee Klein, Jason Lester, Council President Susan McCartney, Vice Chairman Ron Weston, William Wilkes Il ANNOUNCEMENTS The next Planning Board regular meeting will be held on February 4, 2015 in Council Chambers at 7:30 P.M. Per Applicant request, Application PB-14-06/AutoZone Northeast, Inc. will be carried to the February 4, 2015 regular meeting. Per Applicant request, Application PB-14-25/McKay Brothers, LLC wili be carried to the February 4, 2015 regular meeting. Mayor Robert Parisi has re-appointed the following members to the Planning Board for the term January 1, 2014 through December 31, 2015: Mrs. Joanne Carlucci and Mr. Jason Lester. Mr. Jerry Eben has been re-appointed Alternate Member No. 1 for the term January 1, 2015 through December 31, 2016, The Township Council has re-appointed Council member, Susan McCartney, for the term January 1, 2015 through December 31, 2015.

ADOPT MINUTES The minutes of the December 3, 2014 meeting were unanimously adopted. SWEARING IN Frank Russo, PE, PE, Omland Engineering, Township Consulting Engineer. Paul Grygiel, AICP, PP, Acting Township Planner ANNUAL REORGANIZATION Elect Chairman Elect Vice-Chairman Appoint Transcription Service Appoint Board Attorney Appoint Board Secretary Appoint Board Engineer Appoint Board Planner DISCUSSION: Elect Chairman: Ben Heller The Board voted on the Election as follows: Motion: Dr. Bagoff Second: Councilwoman McCartney Bagoff: Yes Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: Yes Lester: Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Yes Elect Vice-Chairman: Ron Weston The Board voied on the Election as follows: Motion: Chairman Heller Second: Mr. Gurland Bagoff: Yes Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: Yes Lester: | Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Helier: Yes Appoint Board Transcription Service: Debbie Dillon, Audio-Digital Transcription Service. The Board voted on the Appointment as follows: Motion: Chairman Heller Second: Councilwoman McCartney Bagoff: Yes Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: Yes Lester: | Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Yes

Appoint Board Attorney: Patrick Dwyer, Esq. The Board voted on the Appointment as follows: Motion: Dr. Bagoff Second; Chairman Heller Bagoff: Yes Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: Yes Lester: Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Yes Appoint Board Secretary: Robin Miller. The Board voted on the Appointment as follows: Motion: Dr. Bagoff Second: Chairman Heller Bagoff: Yes Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: Yes Lester: Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Yes Appoint Board Engineer: Frank Russo, P.E., P.P., Omland Engineering Associates, Inc., a Bowman Consulting Company. The Board voted on the Appointment as follows: Motion: Chairman Heller Second: Councilwoman McCartney Bagoff: Yes Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: Abstain | Lester: Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Yes Appoint Acting Board Planner: Paul Grygiel, P.P., Phillips Preiss Grygiel LLC. The Board voted on the Appointment as follows: Motion: Chairman Heller Second: Councilwoman McCartney Bagoff: Yes Carlucci: Absent | Eben: Ghebremicael: Absent Gurland: Yes Klein: Abstain | Lester: | Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Councilwoman McCartney advised Chairman Heller the Council had just approved a resolution to extend Mr. Grygiel’s contract as Acting Township Planner for the Township for 2015. RESOLUTION(S) PB-14-07/Communication Infrastructure Corporation Biock: 84.01; Lot: 22; Zone: B-2 10 Marcella Avenue Amended Site Plan. DISCUSSION Mr. Grygiel gave a brief recapitulation of the Application approved by the Board at the December 3, 2014 regular meeting.

The Board voted on the Resolution as follows: Motion: Chairman Heller Second: Dr. Bagoff Bagoff: Yes Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: - Lester: Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: PB-14-27H/Katherine Garrison Block: 172.19; Lot: 2; Zone: R-4 15 Ralph Road Home Occupation Childcare. DISCUSSION Mr. Grygiel gave the Board a recapitulation of the Application for a Home Occupation Childcare Business for up to five (5) children that had been approved by the Technical Review Subcommittee on December 18, 2014 with the following conditions: 1. Applicant must obtain a Certificate of Continued Occupancy. 2. Applicant agrees to abide by the rules of the West Orange Zoning Ordinance, Chapter 25-9.9 in all home occupation activities as applied. In response to inquiry from Mr. Eben, Mr. Grygiel confirmed the Applicant stated there would be no more than five children on premises during the hours of operation. The Board voted on the Resolution as follows: Motion: Chairman Heller Second: Dr. Bagoff Bagoff: Yes Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: - Lester: Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Yes PB-13-25/Falcon Associates for South Mountain Realty Associates, LLC Block: 168; Lot: 27.02; Zone: B-2 563 Northfield Avenue Amended Site Plan with variances. DISCUSSION Mr. Grygiel explained the original Resolution adopted by the Board {April 2, 2014) contained testimony stating the existing building would be “partially demolished “. The Building Department denied permits to the Applicant's contractor because the submitted plans did not match the original Resolution. At the December 18, 2014 Technical Review Meeting, the Applicant appeared before the Committee and stated it would be better to demolish the entire structure rather than partially demolish the existing structure as originally proposed and approved. The Technical Committee agreed that the proposed changes to the plans were not substantial and the result would remain essentially unchanged. There were no changes to the variances. The Committee

agreed to amend the original Board Resolution of April 2, 2014 in Paragraphs 4 and 10 to reflect that the Applicant would remove the existing structure entirely and replace it with a new structure. The Board voted on the Amended Resolution as follows: Motion: Chairman Heller Second: Dr. Bagoff Bagoff: Yes Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes Klein: Yes Lester: Absent | McCartney: Yes Weston: Absent | Wilkes: Absent | Heller: Yes APPLICATION(S) PB-14-26/Jersey Pizza, Inc. Block: 17; Lot: 5; Zone: B-1 335 Valley Road Jersey Pizza, Inc. Preliminary and Final Site Plan with “C” Variance. EXHIBITS A-1: Site Plan, Survey and Existing Conditions prepared by Anthony Marucci, PE, LA, dated 9/19/14, revised 12/12/14 (2 sheets); A-2: — Proposed Floor Plan, prepared by Peter T. Ricci, AIA, Arkitecture Plus, dated 10/23/14, revised 12/19/14 (1 sheet); A-3: — Existing & Proposed Elevations, prepared by Peter T. Ricci, AIA, Arkitecture Plus, dated 10/23/14 (1 sheet); A-4: — Color rendering of front building facade, prepared by Peter T. Ricci, AIA, Arkitecture Plus, dated 12/19/14. DISCUSSION Mr. Klein requested recusal from participating in the Application hearing; he left the dais at approximately 7:45 P.M. John Wyciskala, Esq., Inglesino, Wyciskala & Taylor, LLC, attorney for Applicant, addressed the Board; he described the property as it presently existed to be entirely developed with two buildings consisting of an approximately 4,800 and 820 sq. ft. respectively. Previous businesses in the 4,800 sq. ft. building had included an automotive shop and a martial arts studio; it was presently vacant. Currently, Guy’s Restaurant, a small Italian restaurant and caterer, occupied the 820 sq. ft. building. The Applicant was not proposing any new improvements or expansion with respect to the buildings. The proposal was to clean up, install a new exterior fagade, and subdivide the interior of the 4,800 sq. ft. building into two separate leaseholds, to include an approximately 2,487 sq. ft. Domino’s Pizza with seating, and an approximately 2,302 sq. ft. space for future retail use. The only real changes would be to the rear partion of the lot; to provide striping for four vehicles and a garbage dumpster. The property was in common ownership with 14-16 Northfield Avenue, which was Lot 62, also included in the Application. Mr. Wyciskala

lot; to provide striping for four vehicles and a garbage dumpster. The property was in common ownership with 14-16 Northfield Avenue, which was Lot 62, also included in the Application. Mr. Wyciskala explained the rear property accessibility was only through the existing driveway on Northfield Avenue; the Applicant has an agreement with the

adjacent property owner for continued access. The Application included variance requests for parking, signage, and a number of other pre-existing site conditions. Peter T. Ricci, AIA, Arkitecture Pius, was sworn in, stated his credentials, and was accepted by the Board to be an expert in architecture. Mr. Ricci stated he and Mr. Marucci had worked together on the project from its beginning, he was familiar with the site plan. Referring to Exhibit A-1, Mr. Ricci described the existing conditions including an approximately 5,000 sq. ft. vacant building, and adjacent smaller building currently occupied by a restaurant. The larger ouilding would be entirely renovated - both interior and exterior. To the south of the property was a residential property, to the north was the Northfield Avenue/Valley Road downtown intersection; and to the rear of the property was a small triangular area to be developed for employee parking. The proposed renovations to the exterior storefront included eliminating the center entrance and creating two new entrances. The left side of the building for a Domino’s Pizza with seating; the right side for a future commercial use. Referring to Exhibit A-2, Mr. Ricci detailed the proposed floor plan for the Domino’s space including seating, counter area, cooking, preparation and refrigerator area, patron restroom, office space and employee restroom, and storage area; he noted the plans were conceptual and there might be minor changes. The existing rear door would be replaced with a man door; the front fagade renovation would include anodized aluminum storefront windows, new glass doors, a brick fagade and stucco finish. There would be a common area in the rear for deliveries; the grade would change for a ramp for ADA compliancy; and the utilities would be installed separately for the two spaces. In response to question from Mr. Gurland, Mr. Ricci stated that if a railing was required for the rear ramp, it would be code compliant. In response to question from Dr. Bagoff, Mr. Ricci said there would be maximum seating for twenty-five (25), and a maximum of seven (7) employees, two (2) in store at all times and up to five (5) drivers during peak; drivers would utilize the municipal parking lot across Valley Road. Councilwoman McCartney read the WOPD Traffic memo from P/O Chris Jacksic #137, dated December 18, 2014; she said the issue had been

drivers would utilize the municipal parking lot across Valley Road. Councilwoman McCartney read the WOPD Traffic memo from P/O Chris Jacksic #137, dated December 18, 2014; she said the issue had been discussed at Technical Review and was of concern to the Police Department. Mr. Wyciskala said the issue would be further discussed with Mr. Marucci; however, the Applicant would agree to comply with all noise and idling ordinances as a condition of approval. He said the Applicant anticipated two weekly deliveries of supplies from Domino’s and beverage deliveries approximately once every two weeks. Councilwoman McCartney said she was concerned of the ability of a garbage truck to fit behind the property to service the dumpster; Mr. Wyciskala said that Mr. Marucci would also address that issue. Referring to Exhibit A-3, Mr. Ricci indicated that the rear south side of the building currently had a painted masonry exterior and windows; the windows would be eliminated; the masonry would be cleaned up, sandblasted and repainted an off-white/cream color. The front facade would have two new storefronts including new insulated glass windows and anodized aluminum, signage, a reddish brown brick facade up to a point; the existing stucco finish would be removed and replaced with a masonry finish painted an off-white/cream color. Mr. Gurland asked if the new brick would be installed over the existing surface or would the existing surface first be removed; Mr. Ricci said he had not yet done a structural analysis of the front wall, however, he did not believe the bricks would adhere to the existing surface; he opined the surface

must be first removed. Mr. Gurland asked for details regarding the existing chimney; Mr. Ricci said the chimney was not currently in use, there was not a furnace in the building, the site plan indicated the chimney was to remain; however, it might be removed if the mechanical plans changed. Mr. Gurland asked how the food exhaust would be vented; Mr. Ricci said code required food exhaust vent must be a minimum 10 feet from the property line; the food exhaust be vented somewhere through the center of the building; he stated it would meet code requirement. Chairman Heller asked the dimensions of the cream-colored (parapet) steps; would the exhaust vents be visible; Mr. Ricci said the parapet set back from the front facade was approximately thirty feet; he opined exhaust vents would not be visible. Mr. Eben advised the Board that he had a longstanding past professional relationship with Mr. Ricci but was able to consider his testimony with impartiality. He asked if Mr. Ricci had read the Downtown West Orange Alliance memorandum, (December 29, 2014); Mr. Ricci answered in the affirmative. Mr. Eben then asked if it was possible to change the color of the proposed anodized aluminum storefront window clear frame to a colored frame; Mr. Ricci said clear adonized was a more contemporary look, the painted adonized finish would fade over time; he opined the clear finish would create a clean look and help attract a good tenant. Mr. Eben asked where the condensers would be located; Mr. Ricci said it would most likely be a split system. The furnace/blower would be inside the building. The condensing unit would be located outside in the rear of the building; two options discussed included installing a shed on the north side of the roof to house the units, or locating them on the ground in the area of the dumpster; the size of the units would be 3 ft. by 3 ft. Councilwoman McCartney asked if there had been any consideration regarding LEED standards for roof renovation; Mr. Ricci said the existing shingled roof would not be changing. He opined that the building would never be a LEED building but would meet all code requirements for energy efficiency. In response to inquiry from Dr. Bagoff, Mr. Ricci said the building would not be sprinklered; it was not code required. Mr. Ricci discussed the signage details; the Applicant proposed two on the front facade, each would be a

om Dr. Bagoff, Mr. Ricci said the building would not be sprinklered; it was not code required. Mr. Ricci discussed the signage details; the Applicant proposed two on the front facade, each would be a maximum of 37.5 sq. ft. The top point of the Domino’s sign would be 2.5 feet in height; a variance would be required for sign height. The sign would be internally illuminated and turned off within one hour of store closing. In response to the comments of the Downtown West Orange Alliance memorandum dated December 29, 2014; Mr. Ricci said gooseneck lighting was not proposed; it would not work with the proposed fagade design. Mr. Ricci stated the Applicant agreed to the recommendation that the brick work from the front of the building be carried around the corner to the south side of the building for four feet. Foundation plantings on the south side were not a consideration. Due to the clase proximity of the adjoining residential property, some foundation excavation was expected; it was the intent of the Applicant to consult with the homeowner during the renovations. The building color would be off-white; awnings would not be included in the plan. Mr. Gurland opined that painted anodized aluminum was a poor design choice; he asked if factory baked aluminum was an option; Mr. Ricci said the clear anodized aluminum was the proper choice. Mr. Grygiel and Mr. Russo had no questions for Mr. Ricci. Harvey Grossman, Esq., Public Advocate, had no questions for Mr. Ricci.