February 25, 2016

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING February 25, 2016 The West Orange Zoning Board of Adjustment held a special meeting on February 25, 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, the Star Ledger, the West Orange Chronicle 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: B. Buechler, C. Darconte, D. Gabry, D. Nash, P. Neuer, B. Quentzel, W. Steinhart, M. Sussman ABSENT: I. Schwarzbaum (recused) A. 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: March 17, 2016 (regular meeting) April 21, 2016 (regular meeting) May 19, 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.

MINUTES Adopt: February 18, 2016 (regular meeting) Chairman Neuer asked the Board Members if they had any additional comments to the minutes of the February 18, 2016 regular meeting that were circulated by the Board Secretary that included all comments submitted in advance by any Board Member. Seeing none, Chairman Neuer made a motion to approve the February 18, 2016 minutes; Ms. Gabry seconded the motion and all were in favor. Chairman Neuer noted for the record that Vice Chairman Buechler was present but did not vote on these minutes since he had not attended that meeting. 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-11 - Drawing 6 of the Grading, Drainage and Soil Erosion Plan showing the colored renderings of the units that have walk out basements, daylight basements or cellars. A-12 — Rear Elevations and Cellar Plan of Buildings #5 to 9, Drawing A2, with a revision date of 2/9/16. A-13 — Preliminary and Fine Site Plan Area Map, Drawing 1, with a revision date of 2/10/16. 2

A-14—Tree Removal Plan, Drawing 3, with a revision date of 2/10/16. A-15 — Lighting Plan, Drawing 8, with a revision date of 2/10/16. A-16 — Landscape Plan, Drawing 9, with a revision date of 2/10/16. A-17 — Existing Tree Inventory, Drawing 16, dated 7/6/15. Robert C. Williams, Esq. approached the podium and stated that he is appearing on behalf of the applicant. Chairman Neuer stated that before the hearing proceeds, he would like to read a statement concerning notice of a prior special Zoning Board meeting that was held on January 28, 2016. He said that although notice for this meeting was posted in places that are reserved for public notices, was filed with the Clerk of the Municipality and was also given in accordance with the Municipal Land Use Law it was brought to the attention of the Zoning Board that notice for that meeting was not published in two newspapers. Chairman Neuer said that a written transcript of the January 28, 2016 special meeting was prepared and filed with the Zoning Board Secretary and was made available for inspection in the Secretary’s office. He said a copy of what he just read was published as part of the notice for tonight’s meeting and for at least the last ten (10) days, members of the public have had a chance to read the transcripts from the January 28, 2016 special meeting. Chairman Neuer asked if any members of the public would like to examine the witnesses that testified at the January 28, 2016 meeting, because they were not present at that meeting, they can do so at this meeting. Chairman Neuer asked Mr. Williams to proceed. Mr. Williams stated for the record that he re-noticed for the meeting tonight; he said that he sent notices to all property owners within 200’ of the site and had the notice published in the West Orange Chronicle. Mr. Williams said that when he reviewed the notice that was published, he noticed a typographical error; he said that the notice for one application, ZB-15-12, stated that the meeting was going to be held on Thursday February 25, 2016 and the notice for the other application, ZB-15-13, stated that the meeting was going to be held on Thursday February 26, 2016. Mr. Williams said that when he caught the error, he notified the Board Attorney and the Board Secretary about this right away. He said that, because of this error, he is limiting his testimony solely to the site plan application

he caught the error, he notified the Board Attorney and the Board Secretary about this right away. He said that, because of this error, he is limiting his testimony solely to the site plan application this evening because it was not properly noticed in the West Orange Chronicle and he will re-notice for the ZB-15-13 subdivision application. Chairman Neuer stated for the record that the subdivision application, ZB-15-13, will not be presented at this meeting; Mr. Williams said that is correct.

Chairman Neuer asked Mr. Williams if the notices that went out in the mail to the properties within 200’ of the site had the typographical error in it; he replied no just the one ad in the West Orange Chronicle that was emailed to them. Chairman Neuer stated that he agrees with Mr. Williams and that he should re-notice. He advised Mr. Williams that he may have to ask him to prepare another transcript for this meeting just in case people are interested solely in the subdivision application. Mr. Williams said that will not be an issue because they will prepare a transcript of this meeting anyway. Chairman Neuer asked if anyone is present at this meeting that was not present at the January 28, 2016 meeting to please come to the podium and state their names and addresses for the record. Rene Tiche 10 Ridge Road West Orange. Rudoi Tiche 10 Ridge Road West Orange Rose Delessandro 12 Ridge Road West Orange Eugene Delessandro 12 Ridge Road West Orange Durecia Watley 18 Jones Place West Orange Chairman Never asked if any of the five (5) citizens have read the transcript from the January 28, 2016 meeting; they all replied no. Chairman Neuer stated to let the record reflect that no one has read the transcript so the Board does not anticipate any questioning of people who possibly did not receive notice who have reviewed the transcript. Chairman Neuer asked Mr. Williams to proceed. Mr. Williams stated that the first time that the applicant appeared before the Board was on December 17, 2015 and he presented the testimony of Michael Lanzafama, engineer for the applicant. Mr. Williams said that the applicant appeared before the Board the second time on January 28, 2016 and he presented the testimony of Michael Lanzafama and Mark Marion, architect for the applicant. Mr. Williams said that he would like to start tonight with testimony from Mark Marion.

Chairman Neuer said that before they start with testimony he would like to know where they stand with the town accepting the sewer line and the town accepting the dedication of Ridge Road. Mr. Keller stated that he met with the Township Engineer, Mr. Lepore, on February 4, 2016 and Mr. Lepore said that the sewer line that extends through the assisted living facility is intended to be a public sewer and that the township maintains it. Mr. Keller said that Mr. Lepore said that, for some reason, the easement was not recorded or it was not recorded properly and the township will address that deficiency. Mr. Keller said in regards to the dedication of Ridge Road, Mr. Lepore affirmed that there was some sort of reservation or easement associated with the assisted living facility for the west half of Ridge Road across the assisted living property. He said that Mr. Lepore said that he will research that to find out what the details were in the resolutions but has not heard back from Mr. Lepore. Mr. Keller stated that if the township will accept Ridge Road as a public right-a-way, it would be a Township Council decision and they will not entertain that discussion until the application is heard. He said that Mr. Lepore did say that if the township did accept the dedication of Ridge Road then it would have to be brought up to municipal standards. Mr. Keller said that the applicants engineer has agreed to make whatever improvements are necessary to bring it up to municipal standards. Chairman Neuer stated that if the Board does approve this application as presented the applicant would understand that there would be a condition requiring the enactment of an ordinance by the township to accept the roadway and the applicant will agree to bring the roadway up to municipal standards. Mr. Williams stated that the applicant will bring the roadway up to standards but if the township accepts the dedication is another matter. Chairman Neuer advised Mr. Williams that the Board cannot continue to hear an application where what he is presenting may not be what the applicant is going to do. He said that if the township does not accept the roadway then whatever the Board approves will go away. Chairman Neuer said that the Board does not have the authority to approve a roadway for an application that does not exist. Mr. Williams said that they will build the roadway to municipal

ll go away. Chairman Neuer said that the Board does not have the authority to approve a roadway for an application that does not exist. Mr. Williams said that they will build the roadway to municipal standards even if the town does not take it. He said that he hopes that Mr. Lepore will give them some better guidance soon and say that he would recommend that the township take the dedication of the road.

Chairman Neuer said that Mr. Lepore’s recommendation is not the same as an ordinance. He said that the acceptance of this road as a public roadway could be a condition but what Mr. Williams is just now saying is that the applicant is proposing to improve Ridge Road to municipal standards so that if the township does accept it as a public roadway no additional work has to be done to it. Chairman Neuer said this is something the Board would have to consider as to whether they would want to approve that. Chairman Neuer asked Mr. Keller if the road is shown as up to township standards on the plans; he replied yes. Mr. Keller said that one thing that Mr. Lepore has discussed with him is that there has been a maintenance issues in the past which the town has taken on. He said that one issue that the Board must take into consideration if the town does not take ownership as a public street then there has to be some sort of maintenance plan for the road that they are proposing up to Mt. Pleasant Avenue. Mr. Keller said that someone will have to maintain the road. Chairman Neuer stated that from a legal standpoint the Board cannot make any other residents on Ridge Road responsible for the maintenance of the road because they are not before this Board. Vice Chairman Buechler referred to the transcripts of the special meeting held on January 28, 2016 and asked Mr. Williams if he has a copy of the easement for the assisted living facility that he was asked to provide the Board with; he said that he has not seen that easement yet. Mr. Williams stated that they did uncover the deed into the assisted living facility which makes reference to the twenty five foot (25’) right away; he said that it is a grant by reservation. Chairman Neuer asked Mr. Williams to submit a copy of the deed to the Board Secretary so that the Board and Mr. Keller could review it. Chairman Neuer asked if there was any other legal counsel present for any interested parties besides Mr. Biehl; there were none. Vice Chairman Buechler referred to the transcripts of the special meeting held on January 28, 2016 and asked what letter the transcript was referring to that he sent requesting an area map. Mr. Williams said there was no letter; he said that Mr. Buechler requested that the applicant provide an area map in which they did. Mr. Williams said that this was a typographical error in the

map. Mr. Williams said there was no letter; he said that Mr. Buechler requested that the applicant provide an area map in which they did. Mr. Williams said that this was a typographical error in the transcript.

Mr. Williams stated that testifying at this meeting tonight will be Mark Marion, architect for the applicant, Brian Conway, landscape architect, and David Kruger, environmental specialist. Mark Marion approached the podium. Chairman Neuer stated that Mr. Marion will be continuing under oath from the January 28, 2016 meeting. Mr. Williams stated that Mr. Marion testified at the January 28, 2016 meeting and asked Mr. Marion to refer to Exhibit A-9 and detail it. Mr. Marion referred to Exhibit A-9 and stated that it is a colored rendering of a project that he did in Morristown, New Jersey that is called James Place. He said basically the townhouses being proposed are exactly like the ones in the Exhibit with some minor differences in the brick facade. Mr. Marion said that this rendering gives a good feeling of how the Ridge Road project is going to be. Chairman Neuer asked Mr. Marion if the colored rendering is a photograph; he said no it is an artist rendering and is identical to the townhouses they are presenting. Chairman Neuer addressed Mr. Marion and said that at the last meeting he stated that the rendering was not identical but was very close to what is being proposed. Mr. Marion stated that there are only minor variations of what is being proposed. Chairman Neuer advised Mr. Williams that Exhibit A-9 will not be entered into evidence because this is an artist rendering of a project that is not before the Board. Mr. Williams stated that they just wanted to give the Board an idea of what the proposed townhouses looked like from the outside. Mr. Marion referred to drawing A-1 of Exhibit A-4 and detailed all of the floor plans of the units stating that they will all be two story with attics and basements. He said that the buildings on the end have garages with the entrance ways facing the sides and the two middle units have garages with an entrance ways facing the front.