December 17, 2015

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING December 17, 2015 The West Orange Zoning Board of Adjustment held a regular meeting on December 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. Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: B. Buechler, D. Nash, B. Quentzel, I. Schwarzbaum W. Steinhart, M. Sussman ABSENT: C. DarConte (excused absence) D. Gabry (excused absence) P. Neuer (excused absence) A. Weiss (excused absence) ALSO PRESENT: Paul Grygiel, Acting Consulting Planner Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary H. Grossman, Esq., Public Advocate ANNOUNCEMENTS Chairman Buechler announced that this meeting is being recorded on the Township’s audio recording system. He said that the Township’s previous audio transcriber, Audio Digital Transcription Service, is no longer serving as the official recorder transcriber for the Zoning Board. Chairman Buechler stated that the designation of the official transcriber will be made on a meeting by meeting basis. Chairman Buechler stated that the Board will move to adopt a resolution to have Denise Clark, a certified court reporter with the State of New Jersey who is affiliated with the firm of Reisman, Rappaport, Dylan and Rose, designated as the official transcriber for the meeting this evening.

Chairman Buechler made the motion; Mr. Steinhart seconded the motion and all were in favor. Chairman Buechler stated for the record that Ms. Clark has been appointed as the official transcriber for the Zoning Board meeting this evening. Future Meetings: January 21, 2016 (regular meeting) February 18, 2016 (regular meeting) March 17, 2016 (regular meeting) MINUTES November 19, 2015 (regular meeting) Chairman Buechler asked the Board Members if they had any additional comments to the November 19, 2015 regular meeting minutes that were submitted to them for review; there were none. Chairman Buechler made a motion to approve the minutes of the November 19, 2015 minutes; Mr. Schwarzbaum seconded the motion and all were in favor. Mr. Steinhart stated for the record that he was not present at the November 19, 2015 meeting and did not vote on the minutes. SWEARING IN Paul Grygiel, consulting Planner for the Township and Eric Keller, consulting Engineer for the Township were sworn under oath. RESOLUTIONS 1, ZB-15-11/Panorama, LLC d/b/a Chit Chat Diner Approved 11/19/15 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. Chairman Buechler stated that he was recused from hearing this matter and asked if any Board Member had any changes to the resolution that was circulated by email to everyone. Ms. Beirne stated that there was one minor change made by Mr. Keller which gave the applicant 2

the option to have either an internal or external grease trap. She said that the decision has not been made yet and that the condition will be made left to the discretion of the applicant. Chairman Buechler asked for a motion to adopt the resolution with said revisions. Mr. Schwarzbaum made a motion to adopt the resolution with said revisions and Mr. Sussman seconded the motion to adopt. The vote was as follows: DarConte: - Schwarzbaum: Yes Gabry: - Steinhart: - D. Nash: Yes Sussman: Yes Neuer: Recused Weiss: - Quentzel: - Chairman Buechler: Recused 2. Request of the Reconsideration of ZB-14-08/Sai Hira Ram Trust Denied 11/19/15 Chairman Buechler asked if any Board Members had any changes to the proposed resolution; seeing none Chairman Buechler asked for a motion to adopt the resolution. Mr. Sussman made a motion to adopt the resolution that denied the request for the reconsideration of the ZB-14-08 Sai Hira Ram Trust application; Mr. Schwarzbaum seconded the motion to adopt the resolution. The vote was as follows: DarConte: - Schwarzbaum: Yes Gabry: - Steinhart: - D. Nash: Yes Sussman: Yes Neuer: - Weiss: - Quentzel: - Chairman Buechler: Yes APPLICATION(S)

1. ZB-15-12/Executive West, LLC Carried from 11/19/15 Block: 80.03; Lots: 10 & 21; Zone: R-1 Ridge Road Seeking preliminary and final site plan approval with a “d” variance and bulk variances for the construction of a 36 unit townhouse development. 2. ZB-15-13/Executive West, LLC Carried from 11/19/15 Block: 82.03; Lot: 17; Zone: R-1 Ridge Road Seeking preliminary major subdivision approval with variances for the creation of two residential lots with an abutting road for egress and ingress. EXHIBITS A-1 — Preliminary and Final Site Plans for the proposed townhouses development — fifteen (15) sheets with a revision date of 12/4/15 A-2 - Colored version of Sheet 4 of the Site Plan for the proposed townhouse development — two (2) sheets dated 7/6/15 A-3 — Landscape Plan for the proposed townhouse development — two (2) sheets dated 7/6/15 A-4 — Architectural Plans & Elevations for the proposed townhouses — dated 7/21/15 A-5 — Preliminary Major Subdivision Plans — seven (7) sheets with a revision date of 12/4/15 A-6 — Colored version of Sheet 3 of the Subdivision Plans with a revision date of 11/16/15 Robert Williams, attorney for the applicant, approached the podium. Mr. Williams detailed both applications ZB-15-12 and ZB-15-13 stating that because of the relation of the site plan for the construction of the townhouses and the subdivision he feels that both applications should be heard together. He said that he will start with the site plan application first. Mr. Williams called his first witness. Michael T. Lanzafama approached the podium and was sworn under oath. Mr. Lanzafama stated that he is a professional engineer licensed in the State of New Jersey with the firm of Casey and Keller. He detailed his educational and professional background and said he is also a licensed Professional Planner. Chairman Buechler qualified Mr. Lanzafama as an expert in Professional Engineering.

Mr. Lanzafama presented fifteen (15) sheets of the preliminary and final site plan; Chairman Buechler asked to have the site plans for the proposed townhouses with a revision date of 12/4/15, marked as Exhibit A-1 for identification. Mr. Lanzafama referred to Exhibit A-1 and detailed the surrounding properties; residential homes, an assisted living facility, office spaces and multifamily town houses. Mr. Lanzafama referred to sheet 2 of the plans showing the topography of the site and outlining the steep slopes and the trees located in the area of development. He said that the site totals 12.7 acres and the frontage is along Ridge Road and along Mt. Pleasant Avenue. He said the right of way is delineated by an old stone wall that was constructed many years ago. Mr. Lanzafama said that there was a single family home on the site at one time and there are still some pedestrian pathways on the property along with roadways. Mr. Lanzafama said that they will be applying for a wetland permit with the NJDEP because there are wetlands on the site as a result of head walls and piping that existed where the roadways were built years ago. Mr. Lanzafama said there are remnants of an old fire hydrant on the site and that the site was used as the Hartley Boys residence at one time. Mr. Lanzafama detailed where the most practical part of the site will be to build the townhouses. Chairman Buechler asked Mr. Lanzafama what condition the concrete barriers are in; he said they are in good condition. Chairman Buechler asked Mr. Lanzafama if they need to close off any areas during construction so that people don’t wander off of the cliff; he said that he doesn’t think so but would have to take a look at that. Mr. Lanzafama said that he reviewed the steep slope areas on the site and detailed all of the usable lot areas on the site. He referred to sheet 4 in the plans and explained all of the calculations used to get the usable lot area of 349,941 sq. feet with a total acreage of 8.4. Mr. Lanzafama said that some of the steep slopes are in the 100 ft. buffer. Chairman Buechler asked Mr. Keller if he concurs with these calculations; he said that Mr. Lanzafamo did the calculations correctly.

Mr. Lanzafama detailed the utilities on Ridge Road and Mt. Pleasant Avenue that are available. He said that there is adequate water supply and that Public Service confirmed that they can provide electricity and gas to the site. Mr. Lansafama said that there is also a sanitary sewer available through lot 27 that was constructed when the assisted living facility was constructed. He said that the Township signed off on the TWA application form and the Township Engineer would like them to extend this sanitary sewer and connect to it. Chairman Buechler asked Mr. Lanzafama if the sanitary sewer has adequate capacity for the proposed development; he said yes it does. Mr. Lanzafama presented a color version of sheet 4 of the site plans; Chairman Buechler asked to have the color version of sheet 4 of the site plans marked as Exhibit A-2 for identification. Mr. Lanzafama referred to Exhibit A-2 and detailed where the trees that will be preserved are. He noted the location of the townhouse units stating that they will be two and a half story structures with two bedrooms and garages under each unit that will provide parking spaces for 3.5 cars. Mr. Lanzafama detailed where the sidewalks will be located and the crosswalks. He said that the applicant is asking that they do not have to provide sidewalks on both sides of the road because of the low density of thirty six units, there is no need for that but they will provide more street trees and additional landscaping. Mr. Lanzafama said that the end townhouse units will have side entry garages and the middle units will have front entry garages. He said that where the buildings come together they did a shared driveway configuration to minimize the number of curb cuts. Mr. Lanzafama said that they are also providing additional space for visitors to park and parking spaces along the roadway. He said that eighty seven (87) parking spaces are required and they are providing one hundred and thirty nine (139) parking spaces. Mr. Lanzafama detailed the building coverage and the lot coverage that is allowed under Township Ordinance. Chairman Buechler asked Mr. Lanzafama if a variance is required for the lot coverage; he replied no.

Mr. Lanzafama detailed the front, side and rear setbacks, the spacing between the buildings will be a minimum of 25’ and the density of 2.84 dwelling units per acre. Mr. Lanzafama referred to sheet six (6) of the site plans and detailed the different storm water detention basins on the site and how and where the water will be discharged. Mr. Quentzel asked Mr. Lanzafama to point out where the sand bar filtration basin was located on the plans; he complied. Chairman Buechler asked Mr. Lanzafama how deep the water will be on the surface of the basin if it rains heavily; he said that the water will seep right away. Mr. Lanzafama said that it has a percolation rate of about 2 inches per hour. Chairman Buechler asked Mr. Lanzafama how high the stone barrier is around the basin; he said 18” high. Chairman Buechler asked Mr. Lanzafama if the retention basin will be cleaned out regularly as part of the maintenance plan; he replied yes. Chairman Buechler asked Mr. Lanzafama if there is a possibility of children getting into the storm basin; he replied no. Mr. Lanzafama stated that when they did their initial investigation on the site they hit rock at around three (3) to six (6) or seven (7) feet. He said instead of digging through the rock they decided to lift the site up and they will elevate the site. Chairman Buechler asked Mr. Lanzafama if they will be bringing in clean fill; he said yes. Chairman Buechler asked Mr. Lanzafama how high they are going to elevate the site; he said it depends on the location of the site and will vary from 0 to six (6) or seven (7) feet. Mr. Lanzafama said that they will require10, 500 cubic yards of material and will move the excess soil from the subdivision site on to this site. Chairman Buechler asked Mr. Lanzafama if the soil on the subdivision site is clean fill; he said that the soil will be tested under State law. Mr. Lanzafama said that they are looking at a total of 5000 yards of material to be brought in. 7

Chairman Buechler asked approximately how many trips will the dump trucks have to make to bring in the material; he said 250 to 300 trips. Chairman Buechler asked what the approximate time frame to bring in the fill in would be; he said it could be a three (3) to six (6) month period. There was discussion regarding the storm water discharge pattern. Mr. Lanzafama stated that they are meeting all of the New Jersey State standards. Mr. Lanzafama detailed the sanitary collection system stating that it is designed as a gravity system that meets all of the New Jersey State standards. Mr. Lanzafama detailed the new roadways that they are proposing, the water main and all of the fire hydrant locations. He said that they implemented an erosion and sedimentary control plan and detailed the plan. Mr. Lanzafama detailed all of the approvals that are required; DEP approval, a TWA approval for the sanitary sewer, a water main extension permit and Essex County Planning Board approval. Mr. Lanzafama detailed the locations of the proposed stop signs, stop bars and crosswalks on the site. He said that they will be widening the paved cart way of Ridge Road and make the width of the road uniform. Mr. Lanzafama said that the town will give them permission to do that. Chairman Buechler asked Mr. Lanzafama how far down they are proposing to widen Ridge Road; he said that they will widen the road down to the proposed new road A of the subdivision site. Mr. Steinhart asked Mr. Lanzafama how they are proposing to fill in the wetlands; he said under the Wetlands Act they are allowed to fill in wetlands up to one acre without any replacement. Mr. Quentzel said that he had a question regarding the sand bar and asked Mr. Lanzafama if the townhouses near the sand bar are going to have walk out basements; he replied no. Mr. Lanzafama said the walk out basements will only be on the east side of proposed road B and a few units on the north-west side. Mr. Quentzel said that he is concerned about the sand bar near the four proposed units; Mr. Lanzafama stated that they will not even notice the sand bar. 8

Mr. Quentzel asked Mr, Lanzafama if he is concerned about children playing in the sand; he said no. Mr. Lanzafama said that those type of units usually draw empty nesters and they could put a fence around the sand bar. Mr. Sussman asked Mr. Lanzafama if the sand bar will collect water; he said not for a normal rain storm, only if they had a one hundred (100) year storm. Mr. Sussman asked Mr. Lanzafama if there was a one hundred (100) year storm how long until the water evacuates from the sand bar; he said twenty four (24) hours. Mr. Lanzafama detailed the lines of site in and out of the site and said that they are more than adequate. He said that the Traffic Expert will go into that with much more detail. Mr. Lanzafama stated that the landscape architect will explain the proposed architectural plans, lighting and the signage. Mr. Williams stated that they will now move on to the next application for the sub-division. Mr. Lanzafama presented the sub-division site plans, with a revision date of 12/4/15, consisting of seven (7) sheets. Chairman Buechler asked to have the sub-division site plans marked as Exhibit A-5 for identification. Mr. Lanzafama referred to Exhibit A-5 and detailed what the application is proposing, the site and the surrounding properties in the area noting the sanitary sewer system on the plans. Mr. Lanzafama stated that they are proposing a public road from Ridge Road to Prospect Avenue that would not only benefit the town house residents but all of the residents on Ridge Road. Chairman Buechler asked Mr. Lanzafama if Ridge Road will remain a private road; he replied not necessarily. He said that the Township Engineer, Mr. Lepore, has asked to consider that Ridge Road become a dedicated public road from Mt. Pleasant Avenue up to the proposed road. Chairman Buechler stated that this would be the decision of the Township; Mr. Lanzafama said yes.

Chairman Buechler asked Mr. Lanzafama if the Town decided not to make it a township dedicated road, who will be responsible to maintain it; he said whoever has interest in the private road. Chairman Buechler asked Mr. Lanzafama if he asked the other residents on Ridge Road if they are in favor of that; he replied no. Mr. Steinhart asked Mr. Lanzafama if it does become a public road up to the sub-division lot, will there be a need to install catch basins for drainage or curbing along Ridge Road; he said only if the Town takes it as a street. Mr. Schwarzbaum asked if he could make a suggestion and asked Mr. Lanzafama to provide them with an overview of the proposed development showing the road and the lots together; he said they could do that. Mr. Schwarzbaum said he would also like to see an approximation of where the other homes are on Ridge Road to the proposed site. Mr. Lanzafama continued to detail the site delineating where the heliport was on the site that is no longer there. He said that there is a series of steep slopes on the property and detailed where they are on the site. Mr. Lanzafama referred to sheet three (3) of the plans and detailed where they would sub-divide the lots. He noted what is required in the R-1 zone and said that they are seeking a variance for the lot area. Mr. Lanzafama said that they are only asking for the sub-division of the lots at this time but are showing the Board the potential of the property. Chairman Buechler stated that if the Board approves the sub-division, they would have to build within the setbacks or whoever purchases the lot will have to come back before the Board if they decide to build an oversize house. Chairman Buechler called for a recess at 9:30 pm. Chairman Buechler resumed the meeting at 9:42 pm. Mr. Lanzafama continued with his testimony and referred to sheet four (4) of Exhibit A-5 stating that they are proposing two sets of catch basins from Ridge Road to Prospect Avenue that will pick up the water along the gutter line. He said that it is a two (2) stage system, detailed how it 10