January 21, 2016

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING January 21, 2016 The West Orange Zoning Board of Adjustment held a regular meeting on January 21, 2016 commencing 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Vice Chairman Neuer 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 10. 2015 in accordance with the “Open Public Meetings Act.” Vice Chairman Neuer asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: ABSENT: ALSO PRESENT: ANNOUNCEMENTS Future Meetings: C. Darconte, D. Gabry, D. Nash, P. Neuer, B. Quentzel, I, Schwarzbaum, W. Steinhart, M. Sussman, A. Weiss B. Buechler (excused absence) Paul Grygiel, Acting Consulting Planner Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary H. Grossman, Esq., Public Advocate February 18, 2016 (regular meeting) March 17, 2016 (regular meeting) April 21, 2016 (regular meeting) Vice Chairman Neuer announced that the applicant for application ZB-15-17/Prism Green Associates, LLC, which was scheduled to be heard at this mecting, has requested that this matter

be carried over to the next regular Zoning Board of Adjustment meeting to be held on February 18, 2016. This request is granted and no further notice will be required. Vice Chairman Neuer stated that the Township is in the process of producing an RFP to have a permanent transcriber appointed to serve as the official reporter at all Board meetings. He said that until that time, the Township’s recording system is being used and asked that everyone speak directly into the microphones. Vice Chairman Neuer stated for the record that Ms. Laura A. Carucci will be the designated official reporter for these proceedings. REORGANIZATION Vice Chairman Neuer stated that the Board will have their annual reorganization at this meeting and turned the Chair over to Mr, Sussman during the proceeding. Mr. Sussman asked for a nomination for Zoning Board chair; Ms. Weiss nominated Mr. Neuer for chairman and stated that she would also like to nominate Mr. Buechler for the position of vice chairman. She stated that both men are very smart, maybe brilliant, men and are well prepared for every meeting. Ms. Weiss said that they carefully review every resolution, take their volunteer job seriously and the Township is lucky to have them. Mr. Steinhart seconded the nomination and all were in favor; none were opposed. Mr. Sussman asked for a nomination for Zoning Board vice chair; Ms. Weiss-iterated that she would like to nominate Mr. Buechler. Chairman Neuer seconded the nomination and all were in favor; none were opposed. Mr. Sussman tuned the chair back over to Chairman Neuer. Chairman Neuer asked for a nomination for Zoning Board secretary; Ms. Gabry nominated Ms. DeSena. Mr. Sussman seconded the motion and all were in favor; none were opposed.

Chairman Neuer stated for the record that the Township’s administration needed to re-notice for the Zoning Board’s legal counsel. He said that at the Zoning Board regular meeting in February, the Board will adopt a resolution to appoint legal counsel for the year 2016.. MINUTES Adopt Minutes: December 17, 2015 Chairman Neuer asked the Board Members if they had any additional comments to the December 17, 2015 regular meeting minutes that were submitted to them for review; there were none. Chairman Neuer asked for a motion to approve the minutes of the December 17, 2015 meeting. Mr. Sussman made a motion to approve the minutes of the December 17, 2015 minutes; Mr. Steinhart seconded the motion and all were in favor. It was noted for the record that Ms. Gabry, Chairman Neuer, Mr. DarConte and Ms. Weiss were present but did not vote on these minutes. DISCUSSION 1. Sai Hira Ram Trust, Inc. ZB-14-08 a. Additional request for re-hearing — Wang Liu b. Request for re-vote on request for re-hearing — Travis McManigal Chairman Neuer turned the discussion over to Mr. Beirne. Ms. Beirne stated that by way of an email Wang Liu requested a rehearing of the ZB-14-08/Sai Hira Ram Trust application. Ms. Beirne said that the request was submitted beyond the twenty (20) days that the Zoning Boards Rules and Regulations mandates as part of the criteria. Ms. Beirne stated that Wang Liu’s request came in on November 15, 2015 and the reason a rehearing was requested was the same reason that Travis McManigal gave. Alice Beirne asked the Board Members to consider the request for the rehearing. Chairman Neuer stated that in section 6.03 of the Zoning Board of Adjustments Rules of Procedure provides the criteria for requesting a rehearing. This request must be submitted in a letter within twenty (20) calendar days after the publication of notice of the decision. He said

that Wang Liu issued a letter beyond the twenty (20) days and that the Board is not required to accept the late request. Chairman Neuer opened the floor for discussion by the Board Members to consider entertaining the request to have the application reheard. Mr. Sussman stated that the request was late and secondly the reason was the same as Travis McManigal’s reason and that the Board has already been down that road. He stated that the Board should not rehear this application. Mr. Schwarzbaum stated that he concurs with Mr. Sussman based on the twenty (20) day regulation and there were no extraordinary circumstances presented. He said that the Board should stay with the decision to not rehear the application. Chairman Neuer stated that based on the twenty (20) day requirement, he made a motion to not consider the request by Wang Liu for a rehearing of the application because it was submitted out of time. Ms. Gabry seconded the motion to not consider the request for a rehearing of the application. Ms. Beirne suggested that the Board table the vote until they discuss the next item on the agenda. Ms. Beirne stated that Mr. McManigal requested a revote of his rehearing request because Ms. Nash voted on the rehearing request. She said that there is no precedent regarding who votes on a rehearing and that it was appropriate for Ms. Nash to vote. Ms. Weiss stated that the vote was unanimous and that Ms. Nash’s vote would not have changed the outcome. Chairman Neuer stated that if they were to allow a revote to take place, he does not believe that the revote would result in any difference and that the Board should reject the request. Ms. Gabry agreed with Chairman Neuer and said that Ms. Nash heard most of the testimony for the application and that it will not change the outcome in any event. Mr. Schwarzbaum made a motion to deny the request for a revote and Ms. Gabry seconded the motion. The vote for the request made by Wang Liu to rehear application ZB-14-08 was as follows:

Buechler: - Schwarzbaum: Yes to Deny DarConte: Yes to Deny Steinhart: Yes to Deny Gabry: Yes to Deny Sussman: Yes to Deny D. Nash: YestoDeny | Weiss: Yes to Deny Quentzel: Yes to Deny Chairman Neuer: Yes to Deny The vote for the request made by Travis McManigal for a re-vote on a request for a re-hearing of application ZB-14-08 was as follows: Buechler: - Schwarzbaum: Yes to Deny DarConte: - Steinhart: - Gabry: Yes to Deny Sussman: Yes to Deny D. Nash: Yes to Deny Weiss: Yes to Deny Quentzel: - Chairman Neuer: - Ms. Weiss stated that before they proceed that she would like to talk about an issue with the 90 day demolition condition in the adopted resolution for ZB-14-08. She said that she understands that it was not the applicant’s fault and the Board owes it to the objectors to explain this. Ms. Beirne said that there is an issue that was just brought to her attention two days ago regarding the 90 day demolition condition and that the 90 days expired and the demolition did not happen within that time. She said that it is not on the agenda tonight and she understands that the applicant has filed an application for the relief or waiver of that condition. Ms. Beirne stated that the applicant has to give full notice and when the Board Secretary puts it on the agenda the Board will discuss what to do at that meeting Chairman Neuer said that this issue is not before the Board at this time. He said that notice will be given to all the property owners within 200’ of the site and will be published in the local paper and anyone can call the Board Secretary to find out when the application is scheduled to be heard. Mr. Grygiel stated that he was asked to find out when the 90 day period clock started; if it is from the date of the adoption of the resolution or the date that the resolution is published. 5

Ms. Beirne stated that the wording of the resolution is that it is to run from the date the resolution was adopted and not the publication date. c, Amendment to resolution — delete participation of the Public Advocate. Ms. Beirne stated that in the adopted resolution for ZB-14-08 there was a paragraph regarding the public advocate’s participation in the hearings which was an error. She said that she is presenting a second amendment to the resolution to correct the error and the change is to delete the reference to the public advocate’s participation. Chairman Neuer asked for a motion to adopt the second amendment to the resolution for ZB-14-08. Ms. Weiss made a motion to adopt the second amendment to the resolution and Mr. Steinhart seconded the motion. The vote was as follows: Buechler: - Schwarzbaum: Yes DarConte: - Steinhart: Yes Gabry: Yes Sussman: Yes D. Nash: - Weiss: Yes Quentzel: - Chairman Neuer: - APPLICATION(S) 1. ZB-15-12/Executive West, LLC 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 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. Robert Williams, Esq., attorney for the applicant, approached the podium and stated that they appeared before this Board at the last meeting held on December 17, 2015. He said at that time his client requested a special meeting and a tentative date of January 28, 2016 was to be confirmed at this meeting. Chairman Neuer asked Mr. Williams if he will notify the interested parties of the hearing date; he said that he already notified them. Chairman Neuer stated that these applications will be carried over to a special meeting held on January 28, 2016 and that no further notice will be required. SWEARING IN Paul Grygiel, consulting Planner for the Township and Eric Keller, consulting Engineer for the Township were sworn under oath. 3. ZB-15-16/Stratford Manor Rehabilitation and Care Center, LLC Block: 166.15; Lots: 7 & 11; Zone: OB-1 787 Northfield Avenue Seeks preliminary and final amended site plan approval with “d” and bulk variances to add a physical therapy room in the rear of an existing building. EXHIBITS A-1 - Aerial photo of the existing conditions of the site dated 1/21/16. A-2 — Proposed site plan dated 1/21/16. A-3 — Landscaping plan with a revision date of 1/15/16. A-4 — Tree replacement plan with a revision date of 1/15/16. A-5 — Schematic plan & elevations dated 8/8/15.

Robert Williams, Esq., attorney for the applicant, approached the podium. Mr. Williams detailed the application and stated that his client appeared before this Board in 2013 with an application proposing a small addition to add a physical therapy room to this facility. He said that the addition did not fulfill the needs of the patients and that there is a tremendous need for physical therapy in nursing homes for short stay patients. Mr. Williams stated that the applicant decided to come back before the Board and ask for a 3,500 square foot addition to the rear of the premises and an upgraded parking plan. Chairman Neuer asked Mr. Williams if the applicant is upgrading the parking spaces to eighty four (84) spaces instead of seventy four (74) parking spaces; he replied yes the plans are revised to show eighty four (84) parking spaces. Mr. Williams stated that there are one hundred thirty one beds and they will not be adding any additional beds. Chairman Neuer stated that the application shows the proposed parking spaces are seventy five (75) space and asked Mr. Williams if he is amending the application to propose eighty four (84) parking spaces; he replied yes. Mr. Williams called his first witness. Michael Marinelli approached the podium and was sworn under oath. Mr. Marinelli detailed his professional and education background as a professional engineer licensed in the State of New Jersey. He stated that he has worked on projects of similar scopes and that his license is in good standing. Chairman Neuer accepted Mr. Marinelli as an expert in Site Engineering. Mr. Marinelli presented an aerial photo of the existing conditions of the site dated January 21, 2016 that was pre-marked as Exhibit A-1 for identification. He said that this is a Google Map document with an overlay of the existing conditions of the property that was prepared by his office. Mr. Marinelli referred to Exhibit A-1 and detailed the site and the surrounding properties. He stated that the facility is in an OB-1 zone,, has been operating since 1970 and has one hundred thirty one (131) beds and thirty five (35) employees. Chairman Neuer asked Mr. Williams if the 200’ radius map was drawn to include the easement property, not owned by the applicant, which would allow access to the site; he replied yes. Chairman Neuer asked Ms, Beirne to check to see if the notice included the

as drawn to include the easement property, not owned by the applicant, which would allow access to the site; he replied yes. Chairman Neuer asked Ms, Beirne to check to see if the notice included the easement property so that there is no jurisdictional issue.

Mr. Sussman asked Mr. Marinelli if the rear access to the property is actively used; he replied yes. He said that refuse pickup and all deliveries are made utilizing this access to the property. Ms. Weiss asked Mr. Marinelli who owns lot 11.04; he said he did not know. Mr. Keller stated that according to the Tax Assessor’s list, lot 11.04 is part of Viscaya. Chairman Neuer asked Mr. Williams if he has provided a copy of the easement; he replied no. Mr. Williams said that he will deliver a copy of the easement to the Board Secretary. Mr. Marinelli presented the GoogleMmap aerial photo of the proposed site plan Exhibit dated January 21, 2016 that was pre-marked as Exhibit A-2 for identification. Mr. Marinelli referred to Exhibit A-2 and detailed the new addition that the applicant is proposing on the site for a physical therapy room and a small office. He said that the previous physical therapy addition that they were approved for was not sufficient for their needs and what they are currently proposing is a modified plan for a larger addition. Mr. Marinelli detailed the proposed improvements to the parking area. Chairman Neuer asked Mr. Marinelli if they are increasing the size of the parking area; he replied yes. Mr. Marinelli stated that they are also providing sixteen (16) parking space on the south/west property line and updating the ADA requirements. He said that they are taking out an existing sidewalk to eliminate the steps or the steep slopes on the existing handicap access. Mr. Marinelli noted where the new sidewalk around the perimeter is being proposed to improve pedestrian safety. Mr. Marinelli said that they are providing a dumpster enclosure for the trash and recyclables and detailed where that will be on the plans. Mr. Marinelli detailed where additional landscaping is being proposed along with additional trees being planted. Mr. Marinelli detailed where they are proposing the pole mounted, low line light fixtures that point downward along with building mounted fixtures near the addition. He said that all the lighting meets the Township’s requirements.