February 4, 2015

Dougias J. Polyniak, P.E., Dolan & Dean Consulting Engineers LLC, was sworn in, and accepted by the Board to be an expert in civil engineering; his specialty being traffic. Referring to the Omland Engineering memo dated January 27, 2015, Comment #11, Mr. Polyniak stated he had made site visits. He determined there to be more than significant signal gaps for anticipated egress traffic. He said the County would review all driveway site triangles; he opined a left turn restriction out of the parking lot was not necessary; the two driveways were approximately forty feet apart - an existing condition separated by the existing bus shelter; he saw no conflict between the driveways. Councilwoman McCartney asked Mr. Polyniak to confirm there was a bus shelter between the two driveways. Vice Chairman Weston asked Mr. Polyniak to confirm that the County would be reviewing the plan to determine if there were any issues; Mr. Polyniak answered in the affirmative. The Township Professionals and the Public Advocate had no questions for Mr. Polyniak. Megan Brill, Downtown West Orange Alliance, asked if traffic on the Orange side of the property would be able to cross over the parking lot to the West Orange side; Mr. Polyniak answered in the affirmative. He said there was no physical barrier between the properties. Mr. DeVito stated the Applicant had concluded testimony. There were no comments from the Public Advocate or Public. The Board deliberated on the Application. Councilwoman McCartney asked for clarification regarding the color of the exterior brick facade. Dr. Bagoff stated the Applicant had worked hard to accommodate all requests made by the DWOA, WOHPC and the Board; he appreciated the Applicant's efforts. Vice Chairman Weston stated he also appreciated the Applicant’s efforts to address all parties’ comments; he remained concerned the property was located next to a historic church, but it was a viable commercial property at the gateway to the Township, he was in favor of the Application with conditions. Mr. Gurland thanked the Applicant for discussing the landscaping issue on the west side of the property; with regard to traffic, he opined the site was potentially dangerous but would defer to the traffic engineer; he opined the concerns of the WOHPC regarding tree plantings had not been fully addressed; there were not many historic properties in West Orange.

ly dangerous but would defer to the traffic engineer; he opined the concerns of the WOHPC regarding tree plantings had not been fully addressed; there were not many historic properties in West Orange. Chairman Heller stated he also struggled with the commercial use but appreciated the Applicant’s effort to accommodate all requests. Conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal jaws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. if another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have