April 21, 2011

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING April 21, 2011 The West Orange Zoning Board of Adjustment held a reguiar meeting on March 17, 2011 at 8:00 PM at 66 Main Street, West Orange, NJ in Council Chambers. Chairman Bruce Buechler called the meeting to order at approximately 8:03 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 17, 2010 in accordance with the “Open Public Meetings Act.” Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: Bruce Buechler, Gregory Bullock (8:07 P.M.), Deborah Gabry, Philip D. Neuer (8:44 P.M.), Bart Quentzel (8:11 P.M.), Peter Ricci, Mark Sussman, Alice Weiss ABSENT: William Steinhart ALSO PRESENT: Planning Director: Susan Borg, A.I.C.P., P.P., A-LA, Board Attorney: Alice Beirne, Esq. Public Advocate: Harvey Grossman, Esq. Township Consulting Engineer: Eric Keller Board Secretary, Rose DeSena ANNOUNCEMENT OF FUTURE MEETING DATES Future Meetings: May 19, 2011 (Regular Meeting) - 8:00 P.M. June 16, 2011 (Regular Meeting) - 8:00 P.M. July 14, 2011 (Regular Mecting) - 8:00 P.M. Township Professionals, Planning Director Susan Borg and Township Consulting Engineer Eric Keller were sworn under oath. MINUTES Adopt Minutes: March 17, 2011 Regular Meeting Motion was made by Ms. Gabry to adopt the minutes and Mr. Bullock seconded. The Minutes of the regular meeting of March 17, 201! were adopted unanimously.

RESOLUTIONS 7B-10-15A-2/JF Holding Company, LLC Block: 155; Lots: 40.03 & 40.04; Zone: P-C/OB-1 Rooney Circle Approving the preliminary and final site plan with “C” and “D” variances Correcting typographical error — prior resolution adopted 2/3/11 A motion to adopt Resolution ZB-10-15A-2/JF Holding Company made by Mrs. Weiss and seconded by Mr. Sussman. Bullock: Yes Ricci: Yes Gabry: Yes Steinhart: Absent Neuer: Absent Sussman: Yes Quentzel: Absent Weiss: Yes Chairman Buechler: Yes ZB-10-12/Congregation Beth Israel Block: 176.19; Lots: 5 & 6; Zone: R-6 565-567 Pleasant Valley Way Approving the amendment to ZB-05-64 for using asphalt instead of pavers Revised resolution not adopted — application approved on 2/10/11 Director Borg stated that she has to set upa meeting with Mr. Eisenberg and this resolution be carried over to the May 19" meeting for adoption. ZB-10-17/Villita Artes, LLC, (HANDS) Block: 27; Lot: 43; Zone: B-1 555 Valley Road Approving the amended site plan for a change to the previously approved signage Application approved on 3/17/11. Add other users of the site to the resolution. A motion was made by Mrs. Weiss to adopt Resolution ZB-10-17/Villita Artes; Mr. Sussman seconded and voted upon as follows: Bullock: Yes Ricci: ‘Yes Gabry: Yes Steinhart: Absent Neuer: - Sussman: Yes Quentzel: Yes Weiss: Yes Chairman Buechler: Yes

ZB-10-20/Team Capital Bank Block: 153.13; Lot: 33; Zone: B-2 and R-6 464 Eagle Rock Avenue Approving “C” and “D” variances to construct a bank Application approved on 3/17/11 Chairman Buechler commented that the changes for the sign in the amended plans were missing in the resolution. Alice Beirne stated those changes were in the resolution on page 7. Mr. Bullock made a motion to adopt Resolution ZB-10-20/Team Capital Bank; Ms. Gabry seconded and voted upon as follows: Bullock: Yes Ricci: Yes Gabry: ‘Yes Steinhart: Absent Neuer: Yes Sussman: Yes Quentzel: Yes Weiss: - Chairman Buechler: Yes APPLICATIONS 1. ZB-09-01/MBP, Inc. (Essex House) (ApplicationCarried from2/10/11) Block: 159.04; Lots: 1.01, 1.02, 1.03; Zone: B-2 525 Northfield Avenue Seeking amended site plan approval with “D” and “C” variances EXHOBITS B-1 — Photo Package (20 pages) Bosco’s pictures B-2 Chart and Overlay (colored) Bosco exhibit A-25 William’s Variance List Chairman Buechler stated that at the end of the last hearing there were two people left for public comment. Christine Bosco approached the podium and was sworn in. She stated she lives at 4 Masson Place and that her property is 25 feet away from this site. Chairman Buechler asked what she was handing out. She stated they were pictures she took. Chairman Buechler asked if she bad altered these pictures in any way; Ms. Bosco stated she had not. Mr. Neuer asked how many photos were in the package; Ms. Bosco stated she did not count them. Chairman Bucchler stated that Ms. Bosco stated that she took all of the photos in the package but the over-lays were not taken by her. Chairman Bucchler stated photos 1-14 were taken by her and entered them in as exhibit Bosco 1. He stated that the

Google map would not be included in evidence. Chairman Buechler asked if the transparency was hers; Ms. Bosco stated yes. He entered the chart and covered overlay into evidence as exhibit Bosco 2. Ms. Bosco stated that the site plan is an over build- out of what the town allows. Her concerns were about cutting into the boulders and how the vibration will affect her house. She stated that she understands there needs to be a retaining wall put up but that the existing one works. Ms. Bosco stated a concern about the roots of the trees being cut down and possible sink holes created from this because the trees are right up against her fence. She also stated that a geological study should be done and soil samples should be taken when constructing the slope. She stated that 19° is very high for a retaining wall and she is not happy with the fence going around it. She stated she is concerned about traffic and is worried about the school children. She expressed her concern about a light being placed on the utility pole which would shine on the back of her house. Ms. Weiss asked Eric Keller about the lighting and said she thought they mentioned changing the lights in the back so they would be lower and shielded and directed downward. She requested making it a condition that any existing floodlights be removed. Harvey Grossman stated he thought there was not a problem with the retaining wall and the proposal was adequate. One issue he did have was the pick up and drop off of the children at St. Cloud School. He thought they should restrict egress onto Sheridan during that time. Mr. Neuer stated they can not be anymore specific then it specifies now and point was well taken, Chairman Buechler closed public comment. Chairman Bucchler asked Robert Williams if there was anything else; Mr. Williams passed around a list of all the exhibits to the board. He gave the board a list of conditions of approval and a variance list. Mr. Neuer asked if all 8 conditions were agreed to; Mr. Williams answered yes that the applicant is prepared to accept them. There was a brief summation from Mr. Williams. He stated that the application has been around for a long time and he said he thinks this is a reasonable development of the property and the Township will benefit from it. He also stated that it will revitalize the area and that they have enhanced the site; every traffic

id he thinks this is a reasonable development of the property and the Township will benefit from it. He also stated that it will revitalize the area and that they have enhanced the site; every traffic expert agreed it works and is safe. Chairman Buechler asked what his view was on comments from Ms. Bosco about materials on the retaining wall. Mr. Williams said he is not familiar with redi-rock, but it will compliment the site as proposed. Chairman Bucchiler called for a recess at 9:45pm The meeting was called back to order at 9:52pm by Chairman Buechler.

DISCUSSION: Mr. Bullock stated that this application is very unique and discerning because of the distance to the school. The School Board agreed to conditions with the developer, but it will take particular care to make it work. Chairman Buechler questioned if Kiddie Care Academy would still there and Mr. Williams stated that they are still considering it. Mr. Neuer stated that they are asking the Board to approve the application with Kiddie Care Academy, but if they do not come in they will have to come back in front of the Board. Mr. Williams stated they will agree to have some sort of Day Care center there. Mr. Ricci stated the school was his biggest issue and what happens to the children. It has been put to rest in his mind because the Board of Education is happy with it and so is he. He stated the hardest thing about this application is seeing the restaurant go and a day care put there because the old building had so much character. The neighbors behind the location have been an issue but change is good and they will realize how great this will be. He also stated that he thinks the look of the building will blend in well. Ms. Weiss stated that she would like to see as many trees in front 2 Masson Pl, and 4 Mason Pl. She also stated that she would like to require a condition for the residents at 2 and 4 Masson Place to meet with Director Borg and discuss a landscaping plan. Mr. Neuer stated neighbors represented themselves proudly and had an impact on him. His concern with the application had to do with the size of the project but he is going to urge the Board to approve the application because the neighborhood will be improved. He went on to say that the Board has to follow the land use law and they make their decisions based on this law and if it has met its burden they have to approve. He stated that the retaining wall and slope improvements will benefit everyone. The list of conditions that Mr. Williams submitted will include that the Kiddie Care Academy has to be removed and it will say there shall be a space designated for a day care and that the neighbors will meet with Ms. Borg to discuss landscaping plan. Mr. Neuer stated he will make a motion to approve as per these conditions Chairman Buechler stated that all of the testimony of traffic experts convinces him this will work as stipulated in the application. He went on to say that they

ion to approve as per these conditions Chairman Buechler stated that all of the testimony of traffic experts convinces him this will work as stipulated in the application. He went on to say that they have to rely on Mr. Keller’s report which says the retaining wall and slopes will work. He will vote to approve the application with the conditions that the exterior of the new building must match the existing and there will be no vinyl siding; no storage in the attic space of any of the buildings; a one year warranty for replacement of new trees planted will be imposed by the Board. Ms. Borg commented that the applicant was very cooperative and commended them. CONDITIONS: 1. All pole lighting in front and rear areas shall be 12’ poles with 2’ fixture for a total of 14 ‘ using 150 watt metal halide with a downward flow. 2. There shall be a space designated for a day care facility. 3. Add additional fire hydrant at entrance on Northfield Avenue

4. No left tun out of Northfield Avenue exit at any time and no right turns onto Sheridan between 8-9am & 3-4pm school days only. 5. All conditions as agreed to in the January 5, 2011 memorandum to the West Orange Board of Education is as stated except ends from 3-4pm when school days are in session. 6. An application shall be made for amended site plan for St. Cloud School for the changes to the teacher parking area, if required. 7. An application shall be made to the Town Council to move the traffic signs for the school buses on Sheridan Avenue 10’ to the north subject to Town Council approval. 8. Day care hours shall be limited to Monday through Friday. 9. Director Borg will meet with residents of 2 and 4 Masson Place to develop a landscape plan. 10. Consolidation of all lots. 11, Exterior of the building must match the existing one and no vinyl siding used. 12. No storage in the attic space of any building. 13. One year warranty for replacement trees. 14. Flood lights removed when new parking lights are functional. 15. Restripe crosswallc 16. Change the trim pieces to Alzalc 17. Plant Virginia Creeper on the wall 18. Chain link fence with black vinyl clad on all pieces of the fence 19. Retaining wall calculations prepared by a licensed engineer 20. All walls over 4’ high A motion was made by Mr. Neuer to approve this application; Mr. Sussman seconded and voted upon as follows: Bullock: Yes Ricci: Yes Gabry: - Steinhart: Absent Neuer: Yes Sussman: Yes Quentzel: Yes Weiss: Yes Chairman Buechler: Yes 2. ZB-11-01/Patin (Application Carried from 3/17/11) Block: 165.02; Lot: 5; Zone: R-4 6 Dogwood Road Secking “C” variance for an undersized lot to construct a single family dwelling Mr. Neuer started off this discussion by stating that this Board is not to hear this application because the applicant did not include the second lot (lot 5) in the application and did not notify the residents within the 200” radius of that lot.

Mr. Sussman asked if there is a question of ownership of the lot. Alice Beirne stated that the tax assessor only mentions lot 5 but cross references lot 4 and S. Director Borg stated lot 4 needs a variance. Mr. Neuer stated that the application has to be “cleaned up” and will need a variance for lot 4; Lot 5 is acceptable but if you need egress to lot 4 then there is no application for that lot. Chairman Buechler said to adjourn until the applicant submits the second application .Mr. Neuer suggest that he withdraw the application. Director Borg said because the lot is in the name of a corporation, he will need an attorney because he is an LLC, Application will be carried over to 5/19/11 regular meeting. Mr. Patin signed a consent to continuance form. ZB-11-03/Gomes {Application Carried from 3/17/11) Block: 152.22; Lot: 1424.17; Zone: R-5 29 Kenz Terrace Seeking “C” variances to add a front covered portico, add a deck to the rear and a second floor addition EXHIBITS: A-1 Photos of homes in the neighborhood A-2 Sheet A-2, Elevations A-3 Sheet L-1, Landscape Plan Chairman Buechler asked the first witness to approach. Peter Cooper approached the podium and was sworn in. He stated he was the architect for this project. Chairman Buechler asked if he was licensed in the State of New Jersey and Mr. Cooper responded yes, Chairman Buechler accepted his credentials. Mr. Cooper went on to say that this involves 4 renovation which includes adding a front covered porch, proposed deck to the rear and side yard set back. Chairman Buechler stated if there are four bedrooms will there only be two bathrooms; one on the first floor and one on the second floor? Mr. Cooper stated there will be three bathrooms. Mr. Cooper went on to say how the house is a small cottage in a neighborhood where the trend is for larger houses and showed photos of the homes in Exhibit A-1, Chairman Buechler asked if the lot sizes were the same size as the applicant and Mr. Cooper pointed out house #28 in photo #3 is the same size. Mr. Cooper said their lot size is substantially undersized and any addition would protrude into their setbacks. Mr. Cooper pointed out the elevations on exhibit 2. He explained how the house needed a profile change and went on to describe the architectural details of the proposed new profile, He stated that the house is an attractive addition and asset to the

2. He explained how the house needed a profile change and went on to describe the architectural details of the proposed new profile, He stated that the house is an attractive addition and asset to the neighborhood. Chairman Buechler asked if there were any questions. Mr. Ricci asked what kind of siding they will be using and Mr. Cooper stated vinyl.