January 28, 2016

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING January 28, 2016 The West Orange Zoning Board of Adjustment held a special meeting on January 28, 2016 commencing 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. 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 and posted on the Township Bulletin Board in accordance with the “Open Public Meetings Act.” Chairman Neuer asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: C. Darconte, D. Gabry, D. Nash, P. Neuer, B. Quentzel, I. Schwarzbaum, W. Steinhart, M. Sussman ABSENT: Bruce Buechler (excused absence) Alice Weiss (recused) 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 Future Meetings: February 18, 2016 (regular meeting) February25, 2016 (special meeting) March 17, 2016 (regular meeting) April 21, 2016 (regular meeting)

Chairman Neuer stated for the record that Ms. Denise C. Clark will be the official transcriber for these proceedings and that the meeting is also being recorded on the Township’s audio recording system. SWEARING IN Paul Grygiel, consulting Planner for the Township and Eric Keller, consulting Engineer for the Township were sworn under oath. APPLICATION(S) 1. ZB-15-12/Executive West, LLC Carried from 1/21/16 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 1/21/16 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-7 — Aerial map taken from DEP records A-8 — Major subdivision plans — sheets 1-8 with a revision date of 1/13/16 A-9 — Colored rendering of townhomes A-10 — Usable lot area for lots 17.02 & 17.01 without the road dedication — dated 1/13/16

Chairman Neuer stated that this is a special Zoning Board meeting for one consolidated application. He advised any members of the public that were present at this meeting that this is the only application that will be heard. Robert Williams, Esq., attorney for the applicant, approached the podium. Chairman Neuer stated for the record that Ms. Gabry, Mr. DarConte and he were not present at the December 17, 2016 meeting when this application was last heard. He said that they all signed affidavits certifying that they read the transcripts from that meeting and those affidavits have been filed with the Board Secretary. Mr. Williams stated that at the last meeting they left off with testimony given by their engineer, Michael Lanzafama. He said that he would like to recall Mr. Lanzafama so that he can address concerns that the Board Members and Mr. Keller had. Mr. Williams stated that their landscape architect, architect and traffic engineer are also prepared to testify at this meeting. Chairman Neuer asked Mr. Williams what the present status and proposal is for Ridge Road. He said that if the road is going to be dedicated as a public road then the application will have to be presented differently. Mr. Williams asked Chairman Neuer which part of Ridge Road he was referring to; he said the entire Ridge Road. Chairman Neuer said that there has been no information submitted to the Board Members regarding Ridge Road. He said it is currently a private road but if it becomes a public road then the residents have to approve what they are doing. Mr. Williams stated that Ridge Road is a private road but not totally because the Township has provided some services to the road. Chairman Neuer asked Mr. Williams what are the legal rights of the property owners if the Board approves this;Mr. Williamse said that he does not know what their rights are now because they could not find any paperwork for the Ridge Road Association or any agreements with the residents.

Chairman Neuer asked Mr. Williams if the Board should treat Ridge Road as a private road in analyzing this application; he replied yes. Chairman Neuer asked Mr. Keller if he spoke to the Township Engineer about what the Township would like to do with Ridge Road; he said that at the Site Plan Review Advisory Board (SPRAB) meeting he discussed this with the Township Engineer and he suggested that it could be dedicated as a public road. Michael Lanzafama, engineer for the applicant, approached the podium. Mr. Williams stated that Mr. Lanzafama is still under oath from the last meeting. Mr. Lanzafama stated that perhaps the new section of Ridge Road from Mt. Pleasant Avenue to the new proposed road could be public; he said that would be in the town’s best interest. Mr. Lanzafama said that the Township Engineer never said that they could not proceed if Ridge Road was not dedicated as a public road. Chairman Neuer asked Mr. Lanzafama what improvements would have to be made to make Ridge Road a public road; he said they would have to widen the road and provide curbing. Mr. Lanzafama said other than that, there is really nothing else they would have to do because there are existing utilities that require upgrading that have to be done anyway. Mr. Keller stated that if the Township took it over he would recommend that they would do core samples of the pavement or test the pavement to make sure it is suitable and would not have to be repaved. He said that the road must meet the Township standards. Mr. Lanzafama stated that a major part of the existing road would have to be dug up anyway to install the sanitary sewer and will have to be reconstructed according to Township standards, Chairman Neuer asked Mr. Lanzafama if his client owns all of the properties on both sides of Ridge Road from Mt. Pleasant Avenue to the new proposed road; he said no. Mr. Lanzafama presented an aerial map and stated that it has been pre-marked as Exhibit A-7 for identification.

Mr. Lanzafama referred to Exhibit A-7 and pointed out what properties are owned by the current property owner from whom the applicant is under contract to purchase the land. Mr. Lanzafama also pointed out on Exhibit A-7 the property owned by the senior housing facility on the westerly side of Ridge Road and stated that there is a 25’ wide easement that was part of their approval that would be used for future roadway purposes. Chairman Neuer stated that it would be helpful to see a copy of the easement and what it says; Mr. Lanzafama stated that he does not have a copy of the easement with him. Mr. Lanzafama presented the revised major subdivision plans with a revision date of January 13, 2016 that were pre-marked as Exhibit A-8 for identification. Mr. Lanzafama referred to Exhibit A-8, detailing the properties that front Ridge Road up to the proposed new road, and there was some discussion as to who owns and does not own each of the properties. Chairman Neuer asked Mr. Williams who Mountain Resources Corp. is; he said that is the current property owner from whom the applicant is purchasing the land. Mr. Lanzafama stated that the properties on Ridge Road that would be affected by the dedication are owned by the current owner of the properties that are the subject of this application except for the senior housing facility. Chairman Neuer asked Mr. Williams to have someone speak to the Township Engineer and let the Board Members know what the Township wants to do with Ridge Road; will it be dedicated or remain private. Chairman Neuer also advised Mr. Williams to submit a copy of the easement to the Board Secretary that Mr. Lanzafama described in his testimony.

Chairman Neuer asked if there were any other attorneys at the meeting representing interested parties and if'so, place their appearances on the record by identifying themselves and the identities of the parties they are representing. Frederick C. Biehl, III approached the podium and stated that he is representing Michele Cestone who resides at 37 Ridge Road. Mr. Lanzafama referred to Exhibit A-7 of the aerial map and detailed the surrounding area. Mr. Williams stated that Mr. Buechler requested the aerial map at the last meeting. Mr. Lanzafama stated at the last meeting there was a question regarding whether there was ever a septic system on the property. He said that they filed an OPRA request and the Building Department provided information that there was never a septic system or a septic tank on the property. Mr. Lanzafama referred to sheet two (2) of Exhibit A-8. He stated that he spoke to the Township Engincer and there was no recorded easement for the sanitary sewer line. Mr. Lanzafama said that it is a municipal sewer and the town maintains it but they cannot find the recorded document for the easement. Chairman Neuer asked Mr. Lanzafama what property the easement runs through; he said the senior housing property. Chairman Neuer asked Mr. Lanzafama if the sewer line services the senior housing; he replied yes. Mr. Lanzafama stated that the Township Engineer said that they could extend that sewer. Chairman Neuer asked Mr. Keller to speak to the Township Engineer to see what steps the Township is taking to have the owner of the senior housing property execute a formal document so that the Township can continue to utilize the sewer line and the applicant can tie into it.

Mr. Lanzafama stated that the question arose at the last meeting about the existence of the Ridge Road Association. He said that they looked into it and could not find any formal document that such an association exists. Mr. Lanzafama referred to sheet 4 of Exhibit A-8 and noted that they changed the grading of the new proposed road. Mr. Lanzafama referred to sheet 6 of Exhibit A-8 and detailed the site line profiles. Chairman Neuer asked Mr. Lanzafama if Exhibit A-8 deals strictly with the subdivision; he replied yes. Mr. Lanzafama presented the usable lot area for lots 17.02 & 17.01 without the proposed road dedication. Chairman Neuer asked to have the usable lot area for lots 17.01 & 17.02 dated January 13, 2016 marked as exhibit A-10 for identification. Mr. Lanzafama referred to Exhibit A-10 and stated that they could create two conforming lots if the proposed road was not dedicated per Township Ordinance. There were no further questions for Mr. Lanzafama from the Board Members regarding the subdivision. Mr. Lanzafama referred to Exhibit A-1 and noted the test pit locations for the detention basins. He said that Mr. Keller said that they did not provide enough test data and would like them to provide him with that information as soon as possible. Chairman Neuer asked Mr. Lanzafama when they could do the testing; he said that if it remains 40 degrees outside they can do it before the next meeting. Mr. Lanzafama said that if it freezes then they cannot do the testing.

Chairman Neuer advised Mr. Lanzafama that the Board professionals require more time to read any materials that are required to be resubmitted. He asked Mr. Lanzafama to send all submissions directly to Mr. Keller and Mr. Grygiel. Mr. Lanzafama said that they will be testing the detention basin pits for both the townhouse site and the subdivision site. There was some discussion regarding the visitor parking spaces that are being proposed and Mr. Lanzafama stated that Mr. Keller would like the applicant to add five (5) more visitor parking spaces than as presently depicted. Chairman Neuer asked Mr. Grygiel if the Township Ordinance gives credit for tandem parking spaces; he said that the ordinance does not have that calculation. Mr. Grygiel said that the Township Ordinance is consistent with the State standards Chairman Neuer asked Mr. Grygiel if he agrees with Mr. Keller and that they are five (5) parking spaces shy; he said yes. Mr. Keller stated that only Ridge Road would be dedicated; not the interior circular roadway. He said that it would be up to the Township to determine whether to allow parking on Ridge Road. Mr. Schwarzbaum asked Mr. Lanzafama how wide the circular roadway is; he replied 24 feet wide. Mr. Schwarzbaum asked Mr. Lanzafama if a visitor parked on the circular roadway could two cars get by; he said it would be tight but yes they could get by. Mr. Schwarzbaum asked Mr. Keller if the 24 foot wide circular roadway is sufficient; he replied yes. Mr. Sussman asked Mr. Keller if cars will be allowed to park on the loop road; he replied no.

Chairman Neuer asked Mr. Lanzafama if this will have an impact on the impervious coverage; he replied yes, slightly. Mr. Lanzafama said that at the last meeting there was a question regarding specific standards for street lighting. He said that there is nothing in the residential site improvement plan that has specific standards for street lighting. Mr. Keller stated that there are no standards in the Township Ordinance for lighting in an R-1 zone. Mr. Lanzafama said he would like to address the comments in Mr. Keller’s memo dated January 28, 2016. Mr. Lanzafama stated that they will provide additional test pit results as soon as possible; weather permitting. Mr. Lanzafama said they will provide the additional five (5) parking spaces. Mr. Lanzafama said they will comply with Item #4 regarding the tree removal plan being shown on the drawings. Mr. Keller stated that any trees on steep slopes that are going to be removed will need a variance. Mr. Lanzafama addressed item #5 regarding preserving a portion of the site within a conservation easement. He said that they will do whatever the Board wants them to do. Mr. Keller stated that the conservation easement protects the land and it should remain in its natural state. Chairman Neuer asked Mr. Keller if this would be an area for recreational use for the public; he said no. Mr. Keller said it would remain private for the homeowners association and they could use it for passive recreation.

Mr. Lanzafama stated that item #6 regarding off tract utility installation/replacement within Ridge Road will be resolved before a vote is taken. Mr. Keller stated that in regards to item #7, he will have a discussion with the Township Engineer as to whether the Township would like the portion of Ridge Road from Mt. Pleasant Avenue to the proposed road dedicated as a public road. Chairman Neuer stated that the Township Engineer has to let the Board Members know what they would like to do with the road. Mr. Lanzafama addressed item #8 regarding the sizing of the water supply system and said that they would like to defer until the Board votes. Chairman Neuer stated they should try to resolve this before the vote. Mr. Lanzafama addressed item #9 and said that they will meet with the Township Fire Department to discuss placement of the fire hydrants. Chairman Neuer said to make sure that they show the placement of the fire hydrants on the revised plans. Mr. Lanzafama addressed item #10 and said that the site triangle easements are subject to Essex County approval because Mt. Pleasant Avenue is a county road. Mr. Lanzafama said that their traffic expert will address item #11. Mr. Lanzafama addressed item #13 regarding the assessment of the condition of the existing walls that are to be remained. He said that they will comply as a condition of approval. Mr. Keller stated that no final plans will be signed until all conditions are satisfied. Mr. Lanzafama addressed item #14 regarding the consolidation of the lots and said that they will do that when the Board approves the application. 10