December 17, 2015

will function, and stated that it will be cleaned out every year as part of the storm water maintenance plan. Chairman Buechler stated that eventually these lots would have two individual homes on them and would not be part of the townhouse development. He asked Mr. Lanzafama if the individual home owners would be responsible for maintaining that storm water basin; he replied yes. Mr. Lanzafama said that they are proposing to establish a home owners association for the townhouses and a homeowners association for the two subdivision lots. Chairman Buechler asked Mr. Lanzafama if the proposed road would be a public or private road; he said public road that would be dedicated to the Township if the application were approved. Mr. Lanzafama detailed the variances requested and the proposed easements for the sanitary and sewer lines. He said they also put in an OPRA request in an effort to find out if there was an old abandoned septic system on the property. Mr. Schwarzbaum asked Mr. Lanzafama if they were to propose building one house on both lots would they meet the Township’s requirements for the R-1 standards; he replied yes. Mr. Keller asked Mr. Lanzafama if he has ever had to have the homeowners of a small lot held responsible for the maintenance of a detention basin; he said yes. Mr. Lanzafama said that the cost is not substantial for that and he does not see a problem. Mr. Keller stated that if they are installing a sand filter there is a replacement cycle in which they must remove and replace the sand and this comes at a more substantial cost. Mr. Lanzafama said that all they need to do is follow the maintenance manual. Mr. Keller asked Mr. Lanzafama if the homeowners do not meet their maintenance responsibilities then who does this fall on; he said the Township. Mr. Keller asked Mr. Lanzafama if they calculated the soil removal requirements for the subdivision; he replied yes. Mr. Keller asked Mr. Lanzafama if the soil from the subdivision lots that is being moved to the other site will be tested; he replied yes. Mr. Keller asked Mr. Lanzafama if they will be inspecting the lines for the existing sanitary sewer; he replied yes. 11

Mr. Keller stated that the proposed new road shows a pair of inlets and some areas look a little steep and asked Mr. Lanzafama if he did cross sections to see if that works without any retaining walls; he said they would take a second look at that if they need to. Mr. Lanzafama said that he agrees that it does look a little steep. Mr. Keller said that Ridge Road is a private road and the Township Engineer indicated that part of the road from Mt. Pleasant Avenue to the proposed road become a public road. He asked Mr. Lanzafama who would have rights to that road and what steps does the town have to take to take rights to that part of the road and is there currently a cost sharing agreement; he said that they have not been able to uncover a document that outlines an existing association. Chairman Buechler asked Mr. Lanzafama if they asked any of the residents on Ridge Road how they pay for snow removal now; he said that he understands that the Township plows some of the snow now. Chairman Buechler advised Mr. Williams that this is more of a legal question that their engineer cannot answer and it must be answered sometime in the future. Mr. Keller stated that as a land surveyor it is part of their responsibility to define rights. Chairman Buechler stated that it would be worth it to knock on some of the doors and ask the residents on Ridge Road what they currently do. Mr. Lanzafama stated that the question is how they legalize the rights. Mr. Keller questioned the number of parking spaces they must provide for visitor parking for the townhouse development and said that the Board may have to grant them a de minimus exception if need be. Mr. Keller said in regard to the storm water basin on the townhouse development site he asked Mr. Lanzafama if the trees they are not taking down in that area are suitable to be inundated; he replied yes but he will take a look at those trees again. Mr. Lanzafama said that the Township Forester wants them to go into that area and plant more trees and shrubs to enhance that area. Mr. Sussman asked Mr. Keller how long the water will stand in the retention basin; he said by regulation the water has to be empty within seventy two (72) hours 12

Mr. Keller stated that the site plans for the townhouse development do not show what trees are to be removed on the steep slopes and he would like to see that on the revised plans. Mr. Keller asked Mr. Lanzafama if the existing stone wall is in the site line from Ridge Road looking downhill on Mt. Pleasant Avenue; he said that you are skirting it and looking right over the edge of it. Mr. Keller asked Mr. Lanzafama what the setback of the stone wall on Mt. Pleasant Avenue is; he said eight (8) or nine (9) feet from the pavement to the wall. Mr. Grygiel asked Mr. Lanzafama if they decided to install a privacy gate to the south of the connector road on Ridge Road that was discussed at the SPRAB meeting; he said they have not decided that yet and that is why it is not shown on the plans.. Mr. Quentzel asked Mr. Lanzafama if they considered any alternatives to the sand bar being proposed on the townhouse development site; he said that is the most efficient way to remove pollutants. Mr. Quentzel asked Mr. Lanzafama if the only reason they are doing a homeowners association on the subdivision lots is because of the basin; he said yes. Mr. Quentzel asked Mr. Lanzafama if it would just be easier to have one homeowner be responsible for the maintenance; he said not necessarily. There was some discussion among the Engineer and the Chairman regarding who should logically have the obligation of the maintenance of the storm water basin. There were no further questions for Mr. Lanzafama from the Board Members of the Board Professionals. Chairman Buechler asked the attorney for the objector to approach the podium and state who they are representing. Frederick C. Biehl, III approached the podium and stated that he is from the firm of Soriano, Henkel, Beihl and Matthews. He said that he represents Michael Cestone who resides at 37 Ridge Road. 13

Mr. Beihl stated that Mr. Cestone is two lots over from the site going away from the property. Mr. Beihl asked Mr. Lanzafama if they would still need a variance to build on the subdivision lots if they were not putting in the road; he said yes they would still need variances. Mr. Beihl asked Mr. Lanzafama if they could build one house on the lots without a variance; he replied yes. Mr. Beihl asked Mr. Lanzafama how many single family houses they could build on the townhouse development site without any variances; he said five or six homes. Mr. Beihl asked Mr. Lanzafama if anything was precluding the development from having the five or six homes on that site; he replied no. Mr. Biehl asked Mr. Lanzafama how they would sequence the project; he said they would probably construct the road first so it would not impose on the residents on Ridge Road. Mr. Lanzafama said that the majority of construction trucks would not be on Ridge Road they would come from Prospect Avenue. Mr. Biehl asked Mr. Lanzafama if he testified that they will not be blasting; he said that they do not anticipate blasting on the townhouse site but may have some controlled blasting to construct the sanitary sewer. Mr. Biehl asked Mr. Lanzafama if they prepared any reports indicating what the impact would be on the properties from the blasting; he replied no. Mr. Biehl asked Mr. Lanzafama if they have prepared any investigative reports for the sanitary sewer line; he replied no they are still in the process of investigating. Mr. Biehl asked Mr. Lanzafama if they have the grading on the two lots for the two conceptual homes being proposed; he said no. Mr. Biehl had no further questions for Mr. Lanzafama. Chairman Buechler asked if any other members of the public had any questions for Mr. Lanzafama. 14

Kevin Malanga approached the podium and stated that he lives at 57 Ridge Road. Mr. Malanga asked Mr. Lanzafama hoe many square feet on the ground floor is each of the townhouse units; he said that the architect will testify to that. Mr. Malanga asked Mr. Lanzafama if there is going to be any grading within the detention basin; he said yes a small amount at the eastern edge of the detention basin. Mr. Malanga asked Mr. Lanzafama if there are any tree wells in the detention basin; he replied yes. Mr. Malanga asked Mr. Lanzafama what the depth of each tree well will be; he said that it is not a tree well in the true sense that it is only a small retaining wall on one side of the tree. Mr. Malanga asked Mr. Lanzafama what type of machine conducted the test pits; he said they conducted the test pits with a backhoe rubber-tired machine. Mr. Malanga asked Mr. Lanzafama if he testified that the rock is rippable rock; he said yes that they actually ripped it up. Mr. Malanga asked Mr. Lanzafama if he is aware of any other construction projects currently taking place on the mountain in which excavation is taking place; he said no. Mr. Malanga asked Mr. Lanzafama what the width of the entrance to Ridge Road is from wall to wall; he said thirty (30) feet. Mr. Malanga asked Mr. Lanzafama if there is any plan to change the width on the road or the configuration on the walls; he replied no. Mr. Malanga asked Mr. Lanzafama if he was familiar with the Emeritus/Arden Court assisted living facility; he replied yes. Mr. Malanga asked Mr. Lanzafama if the facility has vehicular access to Ridge Road; he replied yes. 15

Mr. Malanga asked Mr. Lanzafama if there is a gate at that driveway; he said he thinks there is a chain not a gate. Mr. Malanga asked Mr. Lanzafama if he knew of any site plan approval conditions that indicated that Emeritus at West Orange does not have vehicular access to Ridge Road; he said no. Mr. Malanga asked Mr. Lanzafama if he drove on Ridge Road at night time; he replied no. Mr. Malanga asked Mr. Lanzafama if he observed any streetlights on Ridge Road; he said none in the vicinity of the development that he can recall. Mr. Lanzafama said that if it does become a public road then PSE&G would most likely provide some street lighting. Mr. Malanga asked Mr. Lanzafama what the standards are that requires it to have streetlights; he said to provide adequate lighting for motorists to maneuver on the roadway. Chairman Buechler asked Mr. Keller if consideration should be given to potentially installing streetlights on Ridge Road; he said he would look into that. Mr. Malanga asked Mr. Lanzafama is they are considering any traffic lights; he said no just stop signs. Mr. Malanga asked Mr. Lanzafama to clarify some aspects of the detention basin; he complied. Mr. Malanga asked Mr. Lanzafama if there is anything controlling public use of the proposed road; he said no that it would be a public road. Mr. Malanga asked Mr. Lanzafama if he was aware of the town ever weighing in on access from Prospect Avenue to Ridge Road or any litigations regarding this; he replied not that he is aware of. There were no further questions for Mr. Lanzafama. Chairman Buechler noted the time and stated that the meeting ends in twenty minutes. He asked Mr. Willliams if he had another witness to proceed or would he like to come back. Mr. Williams said he would like to end here and start his next witness fresh at the next meeting. 16

Mr. Williams stated that they would like to request a special Zoning Board meeting. There was discussion regarding dates for the special meeting and January 28, 2016 was decided as a tentative date for the meeting. Chairman Buechler said that they will have to call the other Board Members that were not present this evening and see if that date is good for them. Chairman Buechler stated that this matter will be carried over to the regular Zoning Board meeting held on January 21, 2016 and at that time they will announce if the special meeting will be held on January 28, 2016. Rose DeSena Zoning Board Secretary Chairman Buechler announced that no further notice will be necessary. The meeting was adjourned by Chairman Buechler at 10:50 pm, Adopted: January 21, 2016 17