September 17, 2015

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING September 17, 2015 The West Orange Zoning Board of Adjustment held a regular meeting on September 17, 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. Patrick Dwyer, Esq., Acting Board Attorney, read the Opening Statement. PRESENT: Bruce Buechler, Deborah Gabry, Greg Bullock, Diane Nash, Philip D. Neuer, Bart Quentzel, Irv Schwarzbaum, William Steinhart, Alice Weiss ABSENT: M. Sussman (excused absence) ALSO PRESENT: Paul Grygiel, Consulting Planner Frank Russo, Consulting Engineer Patrick Dwyer Esq., Acting Board Attorney Rose DeSena, Board Secretary H. Grossman, Esq., Public Advocate D. Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: October 15, 2015 (regular meeting) — 8:00 pm November 19, 2015 (regular meeting) — 8:00 pm December 17, 2015 (regular meeting) — 8:00 pm PRESENTATION Chairman Buechler presented Mr. Bullock with a Certificate of Appreciation and thanked him, on behalf of the Township and the Zoning Board Members, for the many years he has served on the Zoning Board of Adjustment.

MINUTES Adopt Minutes: August 20, 2015 (regular meeting) Chairman Buechler asked the Board Members if they had any additional comments to the August 20, 2015 regular meeting that were submitted to them for review; there were none. Chairman Buechler made a motion to approve the minutes from the August 20, 2015 regular Zoning Board meeting and Mr. Schwartzbaum seconded the motion; all were in favor, except for Ms. Gabry and Mr. Steinhart who were not present at the August 20, 2015 meeting and did not vote on these minutes. Vice Chairman Neuer was present at this meeting but 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. NEW BUSINESS Chairman Buechler stated that Vice Chairman Neuer was elected by this Board to sit on the Site Plan Advisory Committee as a representative of the Zoning Board. He said at that time an alternate member was not elected to sit on that Committee in the event that there was a reason that Vice Chairman Neuer could not attend one of the meetings. Chairman Bucchler asked the Board Members if someone would like to volunteer to sit as an alternate member on the Site Plan Advisory Committee; Mr. Quentzel volunteered. Chairman Buechler made a motion to elect Mr. Quentzel as the alternate member of the Site Plan Advisory Committee, Vice Chairman Neuer seconded the motion and all were in favor

RESOLUTIONS 1. ZB-15-08/Petrocelli Approved 8/20/15 21 Bloomfield Way Block: 102; Lot: 21; Zone: R-1 “C” variance for constructing a 24’ high accessory building. Chairman Buechler stated that comments were submitted by Vice Chairman Neuer and himself and Ms. Beirne approved those comments and incorporated them 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 with said revisions. Vice Chairman Neuer made a motion to adopt the resolution with said revisions and Mr. Schwartzbaum seconded the motion. The vote was as follows: Bullock: Yes Schwarzbaum: Yes Gabry: - Steinhart: - D. Nash: - Sussman: - Neuer: Yes Weiss: Yes Quentzel: Yes Chairman Buechler: Yes 2. ZB-15-10/T-Mobile Northeast LLC and Approved 8/20/15 New Cingular Wireless PCS, LLC Block: 155; Lot: 40.01; Zone: B-2 8 Rooney Circle Seeking permanent relief for temporary relief previously granted by the Zoning Board for a wireless communication facility. Chairman Buechler stated that comments were submitted by himself and Ms. Beirne approved those comments and incorporated them 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 with said revisions. Vice Chairman Neuer made a motion to adopt the resolution with said revisions and Mr. Quentzel seconded the motion

The vote was as follows: Bullock: Yes Schwarzbaum: Yes Gabry: - Steinhart: - D. Nash: - Sussman: - Neuer: Yes Weiss: Yes Quentzel: Yes Chairman Buechler: Yes APPLICATION(S) 1. ZB-14-08/Sai Hira Ram Trust, Inc. Carried from 7/16/1515 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. Vice Chairman Neuer is recused from hearing this application and stepped down from the dais. Chairman Buechler stated that this application was last heard at the July 16, 2015 meeting in which all testimony, questioning and public comment was concluded. He said that it was noted at the meeting, on record, that the meetings end promptly at 11:00 pm and the application would be carried over to the August 20, 2015 meeting. Chairman Buechler stated that Mr. Williams would provide his summation at the next meeting and the Board Members would render their decision. Chairman Buechler stated that at the August 20. 2015 regular meeting, the applicant requested to be carried over to September 17, 2015 meeting because there would have only been six voting members at the August 20, 2015 meeting and, because the applicant is seeking a “d” variance, five (5) affirmative votes are required for a “d” variance. Chairman Buechler stated for the record that Ms. Gabry, Mr. Bullock, Ms. Weiss and Mr. Schwarzbaum have signed affidavits stating that they have read the transcripts from the previous meetings when they were absent as follow: Ms. Weiss — June 18, 2015 Ms. Gabry — July 16, 2015 regular meeting Mr. Bullock — July 16, 2015 regular meeting e Mr. Schwarzbaum — January 15, 2015, February 19, 2015 & May 21, 2015 Chairman Buechler said that there are seven Board Members eligible to vote at this meeting and asked the attorney for the applicant to approach. Robert D. Williams, Esq., attorney for the applicant, approached the podium.

Mr. Williams summed up by detailing the application. He said that the applicant has met with the neighbors and has bent over backwards to make everyone happy. Mr. Williams said that the applicant has addressed their concerns and agreed to make those changes. Mr. Williams asked the Board Members to approve the application. Chairman Buechler declared the meeting closed and opened the meeting up for discussion by the Board Members, starting with Ms. Weiss. Ms. Weiss said that she agrees with Mr. Williams in that the applicant revised the project in the best interests of the neighborhood. She said that she is in favor of getting a sixty (60) day demolition permit and would recommend putting a cap on the number of people that will be part of the congregation. Ms. Weiss said that what the applicant is proposing to do to this site is better then what is there now. Mr. Quentzel said that he also agrees with Mr. Williams and Ms. Weiss in that the applicant has done a good job appeasing all parties involved. He said that he feels that there is adequate parking spaces for the number of congregants and the applicant helped with the existing drainage problem. Mr. Quentzel said that he would be in favor of the application. Mr. Steinhart said that he is pretty much in favor with the application and agrees with Ms. Weiss and Mr. Quentzel. He said that the applicant is proposing tremendous improvements to the property and he thinks that it is a great use and compatible with the surrounding uses. Ms. Gabry said that she agrees with her colleagues. She said that the applicant amended the plan and has gone to extremes to appease the neighbors. Ms. Gabry said she is concerned with the cars being able to turn left out of the parking lot on to Laurel Avenue but feels the use fits in with the area and she would vote yes to approve. Mr. Bullock said that he agrees with Ms. Gabry. He said that early on he was not in favor of the project but the applicant has come a long way in addressing the concerns of the neighbors and the problem areas. Mr. Bullock said that he would recommend conditions to address the traffic problem concerns. Mr. Schwartzbaum said that the applicant improved the zoning and will be making a big improvement to the site. He said that he has a concern about the projected number of people attending especially if it was sold in the future to a similar use. Mr.

the zoning and will be making a big improvement to the site. He said that he has a concern about the projected number of people attending especially if it was sold in the future to a similar use. Mr. Schwartzbaum said he would suggest a condition if there is a sale or change of religion they would have to come back before this Board because it would change the parking situation. Chairman Buechler asked Mr. Dwyer if the Board could legally impose a restriction if they were to sell the property that they would be required to come back to the Board to let them know who the buyer is; he asked if that would be enforceable. Mr. Dwyer said that if it was triggered by just a sale, the variances go with the land and that is not enforceable.

Chairman Buechler asked for a suggestion regarding the applicant selling at a future date and the use becomes more intense. Mr. Grygiel said that the parking is triggered by the number of seats. He said that if the congregation grew it would be the same issue and they would have to come back before the Board for a parking variance. Chairman Buechler referred to Exhibit A-6 regarding the schedule for the House of Worship i.e. the hours and holidays. He said he would recommend that the applicant agree to a condition that they would have services on certain dates and times and also that no guest are to sleep over in the temple building. Chairman Buechler stated that the applicant has no obligation to install piping for the new sewer line; he said that if the neighbors wish to have it built they should reach out to Mr. Williams not and do it while construction is being done. Mr. Steinhart said that the applicant may want to consider sharing the expense of the sewer line as to avoid disruption. Chairman Buechler made a motion to approve the application with the following conditions: Basement must not be completely finished Trees are to be planted where Mr. Russo from Omland Engineering recommends The schedule for the hours of worship must be adhered to as stipulated in Exhibit A-6 The main temple could hold meetings on other hours File the “as built” drawings with utilities before a cco is issued Items from the Omland Engineering memo dated 11/17/14 must be satisfied Relocation of existing fire hydrant Additional three (3) to four (4) trees to be planted Mulch the landscaped area to make the lawn higher Slot the pipe leading to the County road Demolition permit and demolition of existing structure must be completed ninety (90) days after the approval of the resolution e The roof leaders must be 12” e The sanitary sewer line and sewer line easement run in favor of both the Township and the property owners e Applicant must submit a copy of the easement to the Township Attorney and the Zoning Board Attorney before it is filed ¢ Applicant must provide the Zoning Board Attorney, within ninety (90) days after the Board has approved the application, a copy of the draft letter addressed to the neighbors advising them to install the sanitary sewer during the construction period and request a return receipt e Relocate the sewer drain to accommodate

a copy of the draft letter addressed to the neighbors advising them to install the sanitary sewer during the construction period and request a return receipt e Relocate the sewer drain to accommodate the future sewer line e Install bollard light fixtures on the walkways between the care takers house

e Submission of the storm water manual plan yearly and the annual report due April 1 of each year ¢ LED lights to be installed in all light fixtures e Approval of the Township’s Health Department regarding the closing of the well e Submit certification as to whether a permit is needed to construct the 6’ wall e Provide engineering estimate for construction e Applicant must obtain approval form the County Soil Conservation Board e Deliveries to the property between 10 am and 2pm expect Thursdays e Deliveries by box trucks only e The kitchen must be a residential kitchen; not a commercial kitchen e Waiver for the EIS and the traffic report approved e No guests are to sleep in the temple building e People can only park in the approved parking area and not on the grassy area e Ifthe property is sold or leased in the future it must comply with the Townships CCO requirements Lots are to be merged Water diameter must be identified Inlets must be identified Per John Linson’s memorandum dated 9/30/14 a tree removal application must be submitted Dust to dawn lights must be on a timer LED lights to be used for the exterior lighting Pre-construction meeting with the Township required before construction starts Omland will work with the design engineer on any storm water related or landscaping conflicts e Soil removal permit is required Ms. Weiss stated that she disagrees with setting a condition requiring no left hand turn out of the driveway on to Laurel Avenue. Mr. Steinhart said that he agrees with Ms. Weiss stating that, by requiring a right hand turn only on to Laurel Avenue out of the main driveway, the Board may be creating a situation that they are trying to improve. Ms. Gabry said that she would recommend a no left hand turn on to Laurel Avenue during restricted hours. Chairman Buechler stated that the consensus is that there will be no restrictions turning out of the driveway on to Laurel Avenue. Chairman Buechler stated that the resolution should reflect that this Board has made a determination and met the requirements of the Township Ordinance and statute with regard to the variances sought in this application for the negative and the positive criteria.

Chairman Buechler said the applicant made a tremendous effort to move the building to appease the objectors and addressed the traffic concerns of the objectors who said that this would create more traffic by presenting a traffic expert in which his testimony was accepted. Chairman Buechler stated that, by removing the house that squatters were living in, this is a positive benefit to the Township. Chairman Buechler stated that there was an issue raised with Exhibit A-26 not being properly presented before the Board. He said that Exhibit A-26 prepared by Mr. Steck was not part of his original report submitted in April and was moved into evidence. He said that there was an objection to that and the Chairman stated that the admission was not in error and was entered. Chairman Buechler stated that members of the public could have questioned Mr. Steck that evening without any hindrance. Chairman Buechler stated that the resolution will be prepared for the October 15, 2015 regular Zoning Board meeting. Ms. Gabry seconded the motion to approve with said conditions. The vote was as follows: Bullock: Yes Schwarzbaum: Yes Gabry: Yes Steinhart: Yes D. Nash: - Sussman: - Neuer: Recused Weiss: Yes Quentzel: Yes Chairman Buechler: Yes 2. ZB-15-02/172 CSI Corp. t/a Black & White Taxi Co. Carried from 7/16/15 44 Washington Street Block: 118; Lot: 40; Zone: B-1 Seeking site plan approval and a “D” variance for the establishment of a taxi cab business in an existing garage. EXHIBITS A-9 — Aerial Photograph It was noted for the record that Mr. Steinhart and Ms. Gabry did not attend the last meeting held on August 20, 2015, when this application was last heard, and did not stay for the remainder of the meeting. Vice Chairman Neuer is eligible to participate in hearing this application and he resumed his place at the dais.