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Minutes · Jan 6, 2016

January 6, 2016

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TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING MINUTES January 6, 2016 The Township of West Orange Planning Board held a regular meeting on January 6, 2016 at 7:30 P.M. in the Council Chamber, 66 Main Street, West Orange, New Jersey. Chairman Weston called the meeting to order at approximately 7:30 P.M. It was announced that notification of this meeting was given to the Township Clerk, and posted on the Township Bulletin Board on December 10, 2015 in accordance with the requirements of the “Open Public Meetings Act”. PRESENT: Vice Chairman Robert Bagoff, Jerome Eben, Gerald Gurland, Lee Klein, Councilwoman Susan McCartney, Gary B. Wegner, Chairman Ron Weston ABSENT: Joanne Carlucci, Tekeste Ghebremicael, Jason Lester, William Wilkes II ALSO PRESENT: Paul Grygiel, AICP, PP, Township Planner, Patrick J. Dwyer, Esq., Board Attorney, Robin Miller, Board Secretary, Harvey Grossman, Esq., Public Advocate PLEDGE OF ALLEGIANCE Chairman Weston requested all persons stand for the Pledge of Allegiance. ROLL CALL Vice Chairman Robert Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland Lee Klein, Jason Lester, Council President Susan McCartney, Gary Wegner, Chairman Ron Weston, William Wilkes II ANNOUNCEMENTS The next Planning Board regular meeting will be held February 3, 2016 in the Council Chamber at 7:30 P.M. Mayor Robert D. Parisi has made the following Board re-appointments: e Jason Lester, Mayor’s Designee/Class | member, for the term January 1, 2016 through December 31, 2016; . Joanne Carlucci, Township Official/Class Il member, for the term January 1, 2016 through December 31, 2016; . Tekeste “Cass” Ghebremicael, Citizen/Class IV member and Gerald Gurland, Citizen/Class IV member, for the term January 1, 2016 through December 31, 2016; . Gary B. Wegner, Citizen/Alternate Member #2, for the term January 1, 2016 through December 31, 2017.

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The Township Council has made the following re-appointment: . Councilwoman Susan McCartney, Governing Body/Class Ill member, for the term January 1, 2016 through December 31, 2016. ADOPT MINUTES The minutes of the December 2, 2015 regular meeting were unanimously adopted. Mr. Gurland voiced concern that the Board had no way of knowing if during construction, the County was honoring recommendations made during courtesy review hearings. Chairman Weston stated the County’s Engineer, their hired professionals, and the Township’s code officials reviewed all documents prior to the issuance of building permits. SWEARING IN Paul Grygiel, AICP, PP, Township Planner. ANNUAL REORGANIZATION Elect Chairman Elect Vice-Chairman Appoint Transcription Service Appoint Board Attorney Appoint Board Secretary Appoint Board Engineer Appoint Board Planner DISCUSSION Elect Chairman: Mr. Dywer advised Chairman Weston to relinquish the gavel to Vice Chairman Bagoff during the nomination and election of Board Chairman. Vice Chairman Bagoff nominated Ron Weston for Chairman. Mr. Gurland nominated Jerome Eben for Chairman. There were no further nominations; Vice Chairman Bagoff declared nominations closed. The nominees addressed the Board. Mr. Weston said he accepted his nomination and would be willing to continue as Chairman for another year; he appreciated serving and bringing his experience and knowledge to the Board. Mr. Eben said he would like to serve as Chairman and bring his knowledge to the Board. Mr. Weston was elected Chairman by majority vote. Vice Chairman Bagoff returned the gavel to Chairman Weston.

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Elect Vice-Chairman: Chairman Weston nominated Dr. Bagoff for Vice-Chairman. There were no further nominations; Chairman Weston declared the nomination closed. Dr. Bagoff was elected Vice Chairman by unanimous vote. Appoint Board Transcription Service: There was a brief discussion regarding the prelude to the departure of the Board’s previous transcription service. Chairman Weston advised the Board the Township was seeking to hire a new service. In the interim, the Board had voted at the December 2, 2015 meeting to adopt a Resolution appointing the Secretary as the Board’s official transcriber. Chairman Weston read the Resolution as follows: “WHEREAS the Planning Board of the Township of West Orange, County of Essex, State of New Jersey (the “Board”) is required pursuant to N.J.S.A. 40:55D-10(f) to “provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means;” NOW THEREFORE BE IT RESOLVED: 1. The Board does hereby declare that effective this day and until further notice a verbatim record of its hearings shall be kept by a recording device to be operated by and under control of the Board Secretary. IN WITNESS WHEREOF, the Board has caused this Resolution to be executed by its Secretary as of the 2nd day of December 2015. “ It was determined that in lieu of an appointment, the Board would vote to memorialize the Resolution with revision to read “through December 31, 2016, or until further notice.” Councilwoman McCartney asked if the recommendation should be sent to Council; Mr. Dwyer said it was for the Board to determine; Chairman Weston said the recommendation was to ensure the Board was adhering to MLUL and ordinance requirements. The Board voted on the memorializing the Resolution (with revision as noted) as follows: Motion: Vice Chairman Bagoff Second: Mr. Gurland Bagoff: Yes | Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes | Klein: Yes Lester: Absent | McCartney: Yes Wegner: Yes | Wilkes: Absent | Weston: Yes

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Appoint Board Attorney: Patrick Dwyer, Esq. The Board voted on the Appointment as follows: Motion: Chairman Weston Second: Mr. Eben Bagoff: Yes | Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes | Klein: Yes Lester: Absent | McCartney: Yes Wegner: Yes | Wilkes: Absent | Weston: Yes Appoint Board Secretary: Robin Miller The Board voted on the Appointment as follows: Motion: Mr. Klein Second: Vice Chairman Bagoff Bagoff: Yes | Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes | Klein: Yes Lester: Absent | McCartney: Yes Wegner: Yes | Wilkes: Absent | Weston: Yes As part of the annual re-organization, Chairman Weston suggested the Board also appoint the Board representatives to the Site Plan Review Advisory Board (SPRAB). Mr. Grygiel advised the ordinance stated one representative from the Planning Board and one from the Zoning Board of Adjustment serve; however, the Board could also appoint an alternate member. Appoint SPRAB Representative: Gerald Gurland The Board voted on the Appointment as follows: Motion: Chairman Weston Second: Vice Chairman Bagoff Bagoff: Yes | Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes | Klein: Yes Lester: Absent | McCartney: Yes Wegner: Yes | Wilkes: Absent | Weston: Yes Appoint SPRAB Alternate: Jerome Eben The Board voted on the Appointment as follows: Motion: Chairman Weston Second: Mr. Klein Bagoff: Yes | Carlucci: Absent | Eben: Yes Ghebremicael: Absent Gurland: Yes | Klein: Yes Lester: Absent | McCartney: Yes Wegner: Yes | Wilkes: Absent | Weston: Yes The Board discussed the appointment of a Board member to the Historic Preservation Commission. Mr. Grygiel advised the Board that the Commission is not a Board sub-committee but a separate entity by ordinance; however, a member of the Planning Board is a Commissioner by Mayor appointment. Mr. Gurland was currently the appointed Commissioner and member of the Planning Board. Councilwoman McCartney stated she would like to be a member of the Historic Preservation Commission.

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DISCUSSION(S) Planning Board Rules and Procedures — 2016 Revisions (Continued from the December 2, 2015 meeting.) Chairman Weston acknowledged and thanked Mr. Eben for submitting comments and suggestions for revisions to the Rules and Procedures. Mr. Eben gave a recapitulation of his correspondence to the Chairman. The Board, Mr. Dwyer and Mr. Grygiel discussed Mr. Eben’s suggested revisions which included changing the annual re-organization to December; the first Wednesday of the month should be clearly stated in the manual (the monthly meeting date); clarify the term “Administrative Officer”; clarify to whom the Secretary reports administratively; assign the transcriber duties to the Secretary; update terms to align with recent ordinance changes; clarify “Informal Meeting”; remove application fee and escrow schedules; remove obsolete and redundant information; correct typographical and grammatical errors; and whether Board member duties should include the requirement to make site visits prior to hearing an application. Chairman Weston said the goal of the session was to have all members review the Rules and Procedures and work together on a revised document. He opined Mr. Eben had made several good comments; he requested Mr. Grygiel, Mr. Dwyer and the Secretary prepare an updated draft version for the Board to review before the next meeting. Other Business St. Mark’s Church Fire Mr. Eben said the church really bothered him; he had attended the previous night’s Town Council meeting; at his request, Mark Hewitt, a nationally recognized architect, and Eli Goldstein, an expert in wood construction, both spoke to the Council on the importance of preserving the church. Mr. Eben said it was his hope to save the building. He had reached out to Congressman Frelinghuysen and was hoping for his assistance. Mr. Gurland said he was greatly concerned about St. Mark’s; he opined that no one in the Township seemed to understand that the Historic Preservation Commission must be involved with any work done on the site. Complete Streets Study Mr. Eben said he had attended the Complete Streets presentation prepared by the graduate students of Rutgers University; he suggested the Pedestrian Safety Advisory Board schedule a presentation for the Township public. Councilwoman McCartney stated there would be a presentation. Mr. Grygiel confirmed a meeting would be arranged

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ted the Pedestrian Safety Advisory Board schedule a presentation for the Township public. Councilwoman McCartney stated there would be a presentation. Mr. Grygiel confirmed a meeting would be arranged as soon as Professor Brown and the graduate students could work it in to their schedules. PB-12-09/Prism Green Urban Renewal Associates IV, LLC Referencing Mr. Russo’s memorandum (Resolution of Approval Review #1) dated December 18, 2015; Mr. Eben voiced concern that many outstanding issues remained before the conditions of approval could be met. Mr. Grygiel said the Board professionals would not sign the approved final site plans until all conditions had been satisfied; currently the Township was waiting for Prism Green to respond to Mr. Russo’s memorandum. Mr. Gurland said the Historic Preservation

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Commission must be involved with the construction phase of the project as documented in the Certificate of Appropriateness. Eagle Rock Avenue Area in Need of Redevelopment Mr. Eben stated the Council had authorized a study be completed to determine if the area was in need of redevelopment; he questioned why the study had not been requested by the Planning Board. Councilwoman McCartney said the Township had hired a consultant to prepare a study; it would be presented to the Planning Board. Mr. Grygiel said the consultant would present its study to the Planning Board to determine if the findings did warrant an area in need of redevelopment. Mr. Eben asked if the Board would view the study before the Council read it, Councilwoman McCartney answered in the affirmative. Mr. Grygiel said MLUL required public noticing prior to the hearing; the study would need to be on file in the Planning Board office for public viewing prior to the hearing. MEETING ADJOURNED at approximately 9:20 P.M. > Minutes adopted April 6, 2016. Sa Robin Miller, Planning Board Secretary Township of West Orange THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE WEDNESDAY MAY 4, 2016 AT 7:30 P.M. IN THE COUNCIL CHAMBER.

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