October 15, 2015

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING October 15, 2015 The West Orange Zoning Board of Adjustment held a regular meeting on October 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, C. Darconte, D. Gabry, D. Nash, P. Neuer, B. Quentzel, I. Schwarzbaum, W. Steinhart, M. Susman ABSENT: A. Weiss (excused absence) ALSO PRESENT: Kate Keller, Acting Consulting Planner Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary D. Dillon, Audio-Digital Transcription Service ANNOUNCEMENTS Future Meetings: November 19, 2015 (regular meeting) December 17, 2015 (regular meeting) MINUTES May 21, 2015 (regular meeting) Chairman Buechler asked the Board Members if they had any additional comments to the May 21, 2015 regular meeting minutes that were submitted to them for review; seeing none, he asked for a motion to approve said minutes. Ms. Gabry made a motion to approve the minutes of the May 21, 2015 regular Zoning Board of Adjustment meeting as submitted to the Board members; Mr. Steinhart seconded the motion and all were in favor.

MINUTES September 17, 2015 (regular meeting) Chairman Buechler asked the Board Members if they had any additional comments to the September 17, 2015 regular meeting minutes 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 September 17, 2015 regular Zoning Board of Adjustment meeting as submitted to the Board members; Chairman Buechler seconded the motion and all were in favor. It was noted for the record that Ms. Gabnry and Mr. Sussman did not attend the September 17, 2015 meeting and did not vote on these minutes. SWEARING IN e Acting Consulting Planner for the Township, Kate Keller and Consulting Engineer for the Township, Eric Keller were sworn under oath. e Chris DarConte was sworn in as a regular member of the Zoning Board of Adjustment. RESOLUTIONS 1. ZB-14-08/Sai Hira Ram Trust, Inc. Approved 9/17/15 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 was recused from hearing this application and did not vote on this resolution. Ms. Beirne stated that Mr. Williams, attorney for the applicant, and Ms. Gabry emailed her with suggested revisions to the resolution. She read the revisions, on record, and stated that she approved all of them and will incorporate them into the resolution. Ms. Beirne stated that Chairman Buechler also emailed suggested revisions to this resolution that were distributed to the Board Members and she accepted those revisions. Ms. Beirne also stated that she needed guidance from the Board regarding condition #12. She said that she needed clarification as to what Chairman Buechler stated at the meeting on 9/17/15 regarding this condition. Mr. Williams provided the Board with a copy of the transcripts from that meeting and it was determined, after reading the transcripts on record, that condition #12 would be eliminated.

Chairman Buechler made a motion to adopt the resolution with said revisions and Ms. Gabry seconded the motion. The vote was as follows: DarConte: - Schwarzbaum: Yes Gabry: Yes Steinhart: Yes D. Nash: - Sussman: - Neuer: Recused Weiss: - Quentzel: Yes Chairman Buechler: Yes 2. ZB-15-02/172 CSI Corp. t/a Approved 9/17/15 Black & White Taxi Company 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. Ms. Beirne stated that Vice Chairman Neuer and Mark Winter, attorney for the applicant, provided her with comments for this resolution that were distributed to the Board Members and she accepted them. Chairman Buechler asked for a motion to adopt the resolution with said revisions. Vice Chairman made a motion to adopt the resolution with said revisions and Mr. Quentzel seconded the motion. The vote was as follows: DarConte: - Schwarzbaum: Yes Gabry: - Steinhart: - D. Nash: Yes Sussman: - Neuer: Yes Weiss: - Quentzel: Yes Chairman Buechler: Yes

APPLICATION(S) 1. ZB-15-11/Panorama, LLC d/b/a Chit Chat Diner Block: 111; Lot: 1.05; Zones: B-2 & PURD 410 Eagle Rock Avenue Seeking preliminary & final site plan approval with “d” variance & bulk variances to demo an existing diner and construct a new one story restaurant. EXHIBITS A-1—Floor Plan - sheet A-1.0 with a revision date of 9/24/15 A-2 — Mezzanine Plan - sheet A-1.1 with a revision date of 9/24/15 A-3 — Proposed elevations - sheet A-2.0 with a revision date of 9/24/15 A-4 — Proposed elevations -sheet A-2.1 with a revision date of 9/24/15 A-5 — HVAC Units on Roof - sheet A-3.0 dated 9/24/15 A-6 — Preliminary and Final Major Site Plan - sheets C-01 to C-12 (12 sheets) A-7 — Site Plan (color) - sheet C-04 A-8 — Aerial Photograph (Google Map) A-9 — Color Sampling Photograph *Exhibits A-1 thru A-8 were pre-marked for identification. It is noted for the record that Vice Chairman Neuer resides within 200’ of the site and was required to be recused from hearing this application. He stepped down from the dais and did not participate. Robert Williams, Esq., attorney for the applicant, approached the podium. Chairman Buechler advised Ms. Beirne that he was just made aware that one of the partners in his law firm is also a partner in the adjacent building to the proposed site and asked her if he should recuse himself. Ms. Beirne stated that it is her opinion that Chairman Buechler does not have to recuse himself from hearing this application. Mr. Williams also stated for the record that he did not see a reason for Chairman Bucchler to recuse himself from hearing this application. The adjacent property owner Typhon Realty, LLC, through its representative, also stated that they had no issue with Chairman Buechler hearing this matter. Mr. Williams began detailing the application stating that his client is proposing to establish a restaurant, known as the Chit Chat Diner, on the site that was formerly the Eagle Rock Diner and before that it was Pals Pancake House. He said that the applicant owns another Chit Chat Diner in Hackensack New Jersey.

Mr. Williams called his first witness. Michael Dipple approached the podium and was sworn under oath. He detailed his professional background as a Professional Civil Engineer licensed in the State of New Jersey and stated that he has testified before Boards in approximately two hundred (200) Municipalities. Mr. Dipple stated that he and his partner, Bill Voyt, worked on the project together; he said Mr. Voyt signed the plans and he did the design. Chairman Buechler accepted Mr. Dipple as an expert in Civil Engineering. Mr. Dipple presented sheets C-01 — C-12 of the site plans, with a revision date of 9/25/15, that were pre-marked as Exhibit A-6 for identification. Mr. Dipple referred to sheet C-02 of Exhibit A-6 and detailed the existing conditions on the site. He said that the applicant is proposing to demolish the existing building and construct a new building. Mr. Dipple referred to sheet C-03 and C-04 of Exhibit A-6 and detailed what is being proposed on the site i.e. the building, the new sidewalk, the signage and the fencing. Mr. Dipple stated that they are proposing eighty five (85) parking spaces on the site and detailed their location and the striping of the stalls. He said that the proposed parking will be more efficient. Chairman Buechler asked Mr. Dipple if these plans were revised to reflect the comments made at the Site Plan Review Advisory Board meeting; he replied yes. Mr. Dipple stated that the architecture on the proposed building is more modern for a diner. He said that the new sign is slightly smaller and shorter than the existing sign and will be in same location. Mr. Dipple detailed how a vehicle would enter and exit the site. Chairman Buechler asked Mr. Dipple if a vehicle can make a left turn westerly out of the driveway; he replied yes. He said that, because Eagle Rock Avenue is a county road, they will also be going before the Essex County Planning Board for their approval. Mr. Dipple referred to sheet C-05 of Exhibit A-6, the grading, drainage and utility plan, and detailed it. He described the drainage pattern and stated that the storm water currently drains to the rear and into the office building to the left of the site and some run-off goes to Eagle Rock Avenue. Mr. Dipple said that they are proposing to change that pattern and will take all of the drainage to the front on the site. He said they will install an

site and some run-off goes to Eagle Rock Avenue. Mr. Dipple said that they are proposing to change that pattern and will take all of the drainage to the front on the site. He said they will install an underground detention facility that will hold all of the run off and discharge it into Eagle Rock Avenue. Mr. Williams asked Mr. Dipple if the storm water runoff will continue drainage onto the adjacent site; he said no.

Mr. Dipple referred to sheet C-05a of Exhibit A-6 and detailed the steep slopes plan. He said they are disturbing some of the steep slope area and there will be a little jump in the grade. Mr. Dipple said that a variance is required for that because it shows some disturbance. He said that there are some minor areas disturbed from prior development but no structures will be going on those areas. Mr. Dipple referred to sheet C-06 of Exhibit A-6 and detailed the landscaping plan. He said that he met with the Township Forester, John Linson, and he was satisfied with the plan proposed. Mr. Dipple said that Mr. Linson advised them on what species of trees to plant and detailed what trees they are planting. He said that Eric Keller also suggested some species of trees to plant and they will also incorporate those into the plan. Mr. Dipple referred to sheet C-07 of Exhibit A-6 and detailed the lighting plan. He stated that LED fixtures are being proposed and described the illumination of the parking area. Chairman Buechler asked Mr. Dipple how high the light poles will be; he said twenty (20) feet high. Mr. Dipple stated that the light poles will have a shield that throws to the front and not to the back. Chairman Buechler asked Mr. Dipple if the light poles were reduced by five (5) or six (6) feet how many light poles would you need; he said reducing the light poles to fifteen (15) feet is too low. Mr. Keller stated that dropping the light poles would mean you need more poles and twenty (20) foot light poles, in his opinion, is adequate for this area. There was a discussion between Mr. Dipple and Mr. Keller regarding the proposed lighting plan and Mr. Keller offered his suggested revisions to the proposal. Mr. Williams stated that the lighting plan will be subject to Mr. Keller’s approval. Chairman Buechler asked Mr. Dipple if the four (4) parallel parking spaces shown on the plan are on the property line; he replied yes. Chairman Buechler asked Mr. Dipple if there is a ten (10) foot buffer there; he said no. Mr. Dipple said that is an existing condition. Mr. Dipple presented a colored rendering of the site plan that was pre-marked as Exhibit A-7 for identification. Mr. Dipple referred to Exhibit A-7 and detailed all of the landscaping on the site. Mr. Keller said that he had suggested, in his memo, the applicant install a pedestrian connection from

tification. Mr. Dipple referred to Exhibit A-7 and detailed all of the landscaping on the site. Mr. Keller said that he had suggested, in his memo, the applicant install a pedestrian connection from Eagle Rock Avenue to the building; Mr. Dipple stated that the applicant agreed to do that.

Mr. Keller said that he reviewed Mr. Linson’s memo and there is one item that he disagrees with regarding planting ornamental trees in the front. He said he will defer that decision to the Board. Chairman Buechler asked Mr. Keller if the trees in the front would impair site line; he said he would like to hear what the traffic engineer has to say about that. Mr. Keller also said that there are overhead wires where those trees will be planted so they are going to need a shorter tree or PSE&G will cut them. Mr. Keller stated that there is not an Exhibit for trucks making deliveries or emergency vehicles entering or exiting the site. He asked Mr. Dipple where the trucks will unload their product and how will they get there. Mr. Dipple stated that the diner gets deliveries every day and, because of the size of the site, they use smaller trucks. He said that the deliveries are made during low customer hours. Chairman Buechler asked what the proposed hours of operation will be for the diner; Mr. Williams said they will be open 24 hours a day, seven days a week and the Police Department will have to approve that. Mr. Dipple detailed how a truck will enter to make the deliveries in the rear. He also stated that a fire truck can get to the back of the diner. Chairman Buechler asked if the Township’s Fire Official reviewed the plan; Mr. Williams replied yes. Mr. Keller said that Mr. Dipple issued a letter dated 10/15/15 stating they will comply with all of the recommendations that were outlined in his letter dated 10/9/15. There were no further questions for Mr. Dipple from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Dipple. Ivy Cutler approached the podium and stated that she lives at 10 Smith Manor Boulevard. She said she is here on behalf of the Condo Association Board. Chairman Buechler advised Ms. Cutler that she is here for herself and not the board. Ms. Cutler stated that she has photographs of rocks falling from the cliff and asked Mr. Dipple what would happen if there was a mishap during demolition. Mr. Dipple stated that he is not aware of falling rocks and said that they are not doing any work near the rear fence. He said that the existing building is a good distance from the cliff. Ms. Cutler asked what if the demolition caused another rock fall; Mr. Williams said

y are not doing any work near the rear fence. He said that the existing building is a good distance from the cliff. Ms. Cutler asked what if the demolition caused another rock fall; Mr. Williams said that they have insurance.