October 15, 2015

Ms. Cutler asked Mr. Williams if they will provide a dollar figure; he said that they will be guided by the Zoning Board. Lawrence Rolnick approached the podium and stated that he lives at 545 Boulevard in Westfield New Jersey. He said that he is a member of Typhon Realty, LLC who owns the property to the left of the site and asked Mr. Dipple how long until the new drainage system will be operational. Mr. Dipple stated that they will have to get permits after Board approval and the construction would start sometime in the spring of 2016. He said that the build-out takes nine (9) months and the drainage system will not go in until the parking lot is constructed. Mr. Dipple said the approximate time frame would be the fall of next year. Mr. Rolnick asked Mr. Dipple if, because they are disturbing some of the slopes, will this turn into more water, sand and dirt from the site draining into their parking lot; he said that the soil erosion permit that they have to obtain from the Hudson, Essex and Passaic Soil Conservation District will manage that. Mr. Dipple stated that they will put some type of drainage system in right away, i.e. filters and a silk fence, and they will comply with whatever the soil conservation requires to prevent that happening. Mr. Keller asked Mr. Dipple if they will agree to put up a super silk fence with hay bales behind it; he replied yes. Mr. Keller referred to sheet C-02 of Exhibit A-6 and said that he recommends that the trees on the edge of the slope of the cliff remain. Mr. Dipple stated that Mr. Linson identified evasive species and wants those trees removed. Chairman Buechler asked Mr. Keller to reach out to the Township’s Forester, Mr. Linson, and ask him to submit a supplemental letter to the Board. Mr. Williams stated that they will comply with whatever Mr. Linson recommends. There were no further questions for Mr. Dipple. Chairman Buechler called for a recess at 9:28 pm. Chairman Buechler resumed the meeting at 9:39 pm. Mr. Williams called his next witness. Steven B. Lazarus approached the podium and was sworn under oath. Mr. Lazarus detailed his educational and professional background as a licensed architect in the State of New Jersey. Chairman Buechler accepted Mr. Lazarus as an expert in Architecture.

Chairman Buechler asked Mr. Lazarus how many times he visited the site; he replied four (4) times. Mr. Lazarus stated that they met with the Township’s Site Plan Review Advisory Board and detailed all of the Board’s suggested revisions. He said that the revised plans reflect all of them except the HVAC units which he will detail where they will be located. Mr. Lazarus presented the architectural plans that were pre-marked as Exhibit A-1 for identification and began detailing the entrance and the interior design noting the specific area where the NYC skyline can be viewed. Chairman Buechler asked Mr. Lazarus if they have a liquor license; he replied yes. Mr. Lazarus described where the deliveries will be made in the rear of the building. He said that the double door is the service door and the single door is a second means of egress. Mr. Williams asked Mr. Lazarus how many seats there will be; he said one hundred and eighty two (182) seats. Mr. Sussman asked Mr. Lazarus if the single door in the back is an emergency exit; he replied yes but they prefer everyone enter from the front. Mr. Lazarus detailed the storage areas in the building as outlined on Exhibit A-1. Mr. Lazarus presented the proposed front and side elevations of the building, which was pre- marked as Exhibit A-3 for identification, and detailed them. Mr. Lazarus presented a colored photograph that was marked as Exhibit A-9 for identification. He referred to Exhibit A-9 and said that it represents the materials and colors that will be used on the facade. Mr. Lazarus said that the Exhibit does not show where the lights that will be located on the building and he detailed where they will be. He also said that the bathrooms will be ADA compliant. Mr. Lazarus presented the proposed rear and side elevations of the building, which was pre- marked as Exhibit A-4 for identification, and detailed them. Mr. Lazarus presented the proposed floor plans showing the location of the HVAC units on the building which was pre-marked as Exhibit A-5 and detailed it. He said that none of the units will be visible at this location. Mr. Steinhart asked Mr. Lazarus why they were not constructing a pre-engineered building; he said because the applicant did not want one. Mr. Quentzel asked Mr. Lazarus if they would consider making the exit in the rear for emergency use only; he said that would be up to the

red building; he said because the applicant did not want one. Mr. Quentzel asked Mr. Lazarus if they would consider making the exit in the rear for emergency use only; he said that would be up to the owner.

Chairman Buechler asked Mr. Lazarus if employee parking is in the rear of the building; he replied yes. Mr. Keller asked Mr. Lazarus if it is an appropriate design to have delivery men carry products up the stairs; he said probably not but they do not have a choice. Mr. Keller stated that the original design showed a ramp in the rear for deliveries and asked Mr. Lazarus if there is any reason why they cannot install the ramp; he said no. There were no further questions for Mr. Lazarus from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Lazarus. Lawrence Rolnick approached the podium stating that he lived at 545 Boulevard in Westfield New Jersey. He asked Mr. Lazarus if they could put something over the HVAC units so that you cannot see them from the office windows of the adjacent building; he said they could plant trees. Mr. Williams called his next witness. Elizabeth Dolan approached the podium and was sworn under oath. She detailed her educational and professional background as a licensed engineer in the States of New Jersey, New York and Delaware. Chairman Buechler accepted Ms. Dolan as a traffic expert. Ms. Dolan stated that she prepared a traffic analysis that was submitted to the Board Members which provided traffic counts when the previous diner was still operating. She detailed the days and times that the traffic counts were done and stated that the traffic is busiest during the weekday evenings. Ms. Dolan stated that she did not use the numbers from the diner because it was not very busy so she used the higher numbers from the Institute of Transportation Engineers standards. Chairman Buechler asked Ms. Dolan if you could make a left hand turn traveling west into the site if there is a double yellow line; she said yes, that is legal. Chairman Buechler asked Ms. Dolan if they did an accident count; she replied no. Ms. Dolan stated that the Police Department did not require an accident count. Ms. Dolan stated that they are required to have ninety one (91) parking spaces and they are six (6) parking spaces shy. She said that it is her opinion they have adequate parking spaces because the old diner had less parking with almost the same seating. Ms. Dolan said that they are increasing the amount of parking spaces that the prior diner had. Chairman Buechler asked Ms.

spaces because the old diner had less parking with almost the same seating. Ms. Dolan said that they are increasing the amount of parking spaces that the prior diner had. Chairman Buechler asked Ms. Dolan if there will be any impact on the traffic on Eagle Rock 10

Avenue; she said that the left hand turn out of the site is a challenge during peak traffic hours. Chairman Buechler asked Ms. Dolan if the bowling alley site has any restrictions when exiting; she said that she does not know. Mr. Williams asked Ms. Dolan if there is safe ingress and egress from the site; she replied yes. Chairman Buechler asked Ms. Dolan if the trees remain on Eagle Rock Avenue will they visually impair the driver; she said the foliage may cause an impact on drivers. Ms. Dolan said that the trees must be limbed so that they do not hinder the site line. Mr. Keller asked Ms. Dolan if she would recommend sight triangles; she said that sight triangles could be provided as a condition of approval. Kate Keller asked Ms. Dolan if the sign location will visually impair the driver; she replied no. There were no further questions for Ms. Dolan from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Ms. Dolan; there were none, Mr. Williams called his next witness. Peter G. Steck approached the podium and was sworn under oath. Chairman Buechler stated for the record that Mr. Steck has testified before this Board many times and he is accepted as an expert in Professional Planning. Mr. Steck stated that he submitted two reports and he is testifying from the 9/28/15 report tonight. Mr. Steck stated that the building on the site was previously a diner but is presently vacant. He said that the existing building will be removed to accommodate more space for the new building which will take advantage of the New York City skyline. Mr. Steck stated that the property is in a split zone; the parking is in a B-2 zone and the refuse area is in the PURD zone. He detailed all of the items of relief that are required stating that the “d-1” use variance is required because of the PURD zone. Mr. Steck stated that because of the irregular shape and orientation of the property the PURD portion cannot be used for residential use. Chairman Buechler stated that if the applicant reduced the size of the building they would not need the “d-1” variance. He advised Mr. Steck that he does not feel that he met the requirements for a “d-1” use. 11

Mr. Steck stated that he would like to continue with his testimony. He said that because the portion of the site in the PURD zone used to be a quarry the extreme hardship is from the topography. Mr. Steck stated that this development encourages the most appropriate use of the land. He said they are proposing a new building and parking lot and the aesthetics will be a benefit to the area from an economic development point of view. Mr. Steck detailed the positive and negative criteria and stated that the special reasons are satisfied and the application can be approved without detriment to the public good. There were no further questions for Mr. Steck from the Board Members or the Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Steck. Mr. Rolnick approached the podium and stated that he lives at 545 Boulevard in Westfield New Jersey. He asked Mr. Steck if there was a way to improve the soil to absorb the water between the two properties; he said that he cannot answer that question. There were no further questions for Mr. Steck. Chairman Buechler stated that there are changes to the plans that he would like to see before the Board deliberates. He said that he will open up the meeting for public comment and then continue the hearing to the 11/19/15 regular meeting. Chairman Buechler asked if any members of the public had any comments. Lawrence Rolnick approached the podium and was sworn under oath. He said that the prior owner of the property was discharging water off of the cliff which resulted in a lawsuit. Mr. Rolnick said that an agreement was made between the prior owner of the property and the prior owner of the adjoining property, that he is currently a partner in, which diverted the water to his property. He said that an easement was supposed to be filed and that was never done. Mr. Rolnick said that they are worried about soil sediment running off with the water runoff when construction begins and are requesting additional buffering that would absorb this water runoff. Mr. Rolnick said they would also like them to enclose the HVAC units for the aesthetics. Mr. Williams asked Mr. Rolnick when he purchased the property; he said two years ago. Mr. Williams asked Mr. Rolnick if he was aware that the prior owner was tied into their drainage system; he said he knew something was agreed upon. Mr.

purchased the property; he said two years ago. Mr. Williams asked Mr. Rolnick if he was aware that the prior owner was tied into their drainage system; he said he knew something was agreed upon. Mr. Rolnick said that the prior owner of his building gave the prior owner of the diner permission to tie into his system with a condition to replace the trees and shrubs that he removed but he never did. Mr. Williams said that any issues Mr. Rolnick had was with the prior owner and this does not apply. He said this was all done prior to his client buying the property. 12

Chairman Buechler closed public comment and stated that this application will be carried to the regular Zoning Board meeting held on 11/19/15. He said no further notice will be necessary. Chairman Buechler stated that all revised drawings must be submitted to the Board Secretary at least ten (10) days before this meeting. The meeting was adjourned by Chairman Buechler at 10:59 pm. Adopted: November 19, 2015 / CA — Rose DeSena Zoning Board Secretary 13