June 16, 2016

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING June 16, 2016 The West Orange Zoning Board of Adjustment held a regular meeting on June 16, 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 West Orange Chronicle and the Star Ledger and posted on the Township Bulletin Board in accordance with the “Open Public Meetings Act.” Chairman Neuer announced that a digital tape recording system is being utilized to record the proceedings of the meeting and instructed the general public on how the audio of the proceedings may be reviewed or obtained. Chairman Neuer asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney, read the Opening Statement. B. Buechler, D. Nash, P. Neuer, B. Quentzel I. Schwarzbaum, W. Steinhart, M. Sussman ABSENT: C. Darconte (excused absence) D. Gabry (recused) A. Weiss (excused absence) ALSO PRESENT: Paul Grygiel, Township Planner Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary

ANNOUNCEMENTS Future Meetings: July 21, 2016 (regular meeting) August 18, 2016 (regular meeting) September 15, 2016 (regular meeting) The applicant for application ZB-16-02/Arceo, which was scheduled to be heard at this meeting, has requested that this matter be carried over to the next regular Zoning Board of Adjustment meeting to be held on July 21, 2016. The adjournment request was granted; no further notice is required. MINUTES Adopt Minutes: May 19, 2016 (regular meeting) Chairman Neuer asked the Board Members if they had any additional comments to the minutes of the May 19, 2016 regular meeting that were submitted to them for review; there were none. Chairman Neuer asked for a motion to approve the minutes of the May 19, 2016 regular meeting. Vice Chairman Buechler made.a motion to.approve the minutes of the May 19,2016 regular meeting; Mr. Steinhart seconded the motion and all were in favor. It was noted for the record that Chairman Neuer and Mr. Sussman had an excused absence for the May 19, 2016 meeting and did not vote on these minutes. SWEARING IN Paul Grygicl, Planner for the Township and Eric Keller, consulting Engineer for the Township were sworn under oath.

RESOLUTIONS L ZB-15-16/Stratford Manor Rehabilitation &Care, LLC — Approved 5/19/16 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. Vice Chairman Buechler stated that there was an exchange of drafts for this resolution and asked Ms. Beirne if Mr. Keller’s comments were incorporated in the final draft; she replied yes and noted for the record the comments by Mr. Keller. Vice Chairman Buechler made a motion to adopt the resolution as amended and Mr. Schwarzbaum seconded the motion. The vote was as follows: Buechler Yes Schwarzbaum: Yes DarConte: - Steinhart: Yes Gabry: - Sussman: - D. Nash: = Weiss: = Quentzel: Yes Chairman Neuer: - APPLICATION(S) 1. ZB-16-05/Seton Hall Preparatory School Block 82.01; Lot: 1; Zone: R-1 700 Prospect Avenue Amended Site Plan Seeking a “d” variance for the expansion of a non-conforming use and bulk Variances.

EXHIBITS A-1 — Amended Detailed Utility Plan, sheet 8 of 15, with a revision date of 5/12/16. A-2 — Detailed Utility Plan, sheet 8 of 15, dated 7/31/14. A-3 — Dimension Plan, sheet 4 of 9, dated 2/12/16. A-4 - Grading, Drainage and Utility Plan, sheet 5 of 9, dated 2/12/16. A-5 — Scoreboard Detail Sheet Chairman Neuer stated for the record that Ms. Denise Clark is the official transcriber for this application. Robert Williams, Esq., attorney for the applicant, approached the podium and detailed the application stating that the applicant is back before the Board with an amended site plan application. Mr. Williams stated that he would like to call his first witness who will explain the proposed revisions to the original site plan approval. Charles Stewart approached the podium and was sworn under oath. Mr. Stewart detailed his professional and educational background as a licensed Professional Engineer in the State of New Jersey; Chairman Neuer accepted him as an expert in Engineering. Mr. Stewart presented sheet 8 of 15 of an amended detailed utility plan, with a revision date of 5/12/16, which had been pre-marked as Exhibit A-1 for identification. Mr. Stewart also presented sheet 8 of 15 of the original detailed utility plan dated 7/31/14 that had been pre-marked as Exhibit A-2 for identification for the present application. Mr. Stewart referred to Exhibit A-2 and stated that all of the revisions are listed on this Exhibit and that he will go through them one by one. Mr. Stewart stated that the original plan proposed a rain garden but during construction they encountered rock so they made a revision and introduced a prefabricated water quality chamber. 4

Mr. Stewart described how the treatment device functions and stated that it will require ongoing maintenance. Chairman Neuer asked Mr. Stewart if there is a maintenance manual for this device; Mr. Keller responded yes and said that the maintenance manual has to be revised. Mr. Stewart described the second change. He said that the original plan proposed a curved island that separates the ingress and egress and they are now proposing to install a painted island. Mr. Stewart said the proposed change will facilitate better movement into the site; he said that a large truck entering the site could drive over the painted island as may be required. Chairman Neuer stated that this is not a major change; He said that it was discussed at the Site Plan Advisory Committee meeting and that the Fire Department prefers the painted island. Mr. Keller stated that the island is still being shown as curved on the plans and they need to amend the plans to show the ingress and egress as straight in and out. Mr. Stewart said that the cross country track developed a low point and water was ponding in that area. He said that the third change is that they are proposing an underground pipe and an above ground inlet that will discharge into a detention basin. Mr. Stewart said that the fourth change was that they added a sidewalk and modified a retaining wall in the area adjacent to the junior varsity field they. He said that the wall is more rounded and ties into the stairs which looks better than the original proposed wall. Chairman Neuer asked Mr. Stewart if they did that work already; he said yes. Mr. Stewart said the water chamber is not installed yet and the painted island is not painted yet. He said that the work for item #4 was done approximately six (6) months ago. Mr. Stewart said that they just made some modifications and added a sidewalk. Vice Chairman Buechler asked Mr. Stewart if it is his opinion that the original design was not properly designed; Mr. Stewart replied that he did not think it would be a big deal because it was de minimus and only a slight modification. Chairman Neuer stated that installing a sidewalk is not a slight modification. Mr. Stewart said that the fifth change was adding bleachers near the lower baseball field and a walkway between the tennis courts. He said that the walkway was done to allow pedestrians to park in the parking lot and

that the fifth change was adding bleachers near the lower baseball field and a walkway between the tennis courts. He said that the walkway was done to allow pedestrians to park in the parking lot and access the bleacher area easier. Mr. Stewart said the bleachers and the sidewalk were already installed. He said that the sidewalk is not concrete; it is a cinder path.

Vice Chairman Buechler asked Mr. Stewart how many feet of sidewalk was installed; he said 400’ of sidewalk. Vice Chairman Buechler asked Mr. Stewart how long ago the sidewalk was constructed; he said approximately six (6) months ago. Vice Chairman Buechler asked Mr. Stewart if he thinks that this is a slight modification; he said yes. Mr. Stewart said it is a bleacher area for a baseball field. Chairman Neuer asked Mr. Stewart to identify the supervisor of the project; he said that he does not know. Vice Chairman Buechler stated that he feels this is a big deal and that it is shocking how cavalier Mr. Stewart’s attitude is about this. Vice Chairman Buechler said that 400 feet of sidewalk is not de minimus. Vice Chairman Buechler asked Mr. Stewart if he was consulted when the sidewalks were installed; he said no. Mr. Stewart said he is not in charge of the site construction. Chairman Neuer asked Mr. Stewart if he inspected the work; he replied yes. Mr. Williams stated for the record that when he found out that the additional bleachers were put in he advised the applicant that they had to go back before the Zoning Board. Vice Chairman Buechler stated that he has not heard a proper justification yet. Mr. Williams stated that it is a better plan. Chairman Neuer stated that if the Board is inclined to let the changes remain he will recommend that, at the applicant’s expense, a monitor must be on the site every day. Chairman Neuer asked Mr. Stewart what size is the slab that the bleachers rest on; he said 70°x25°. Chairman Neuer asked Mr. Stewart how many seats are in the additional bleachers; he said one hundred and forty five (145). Mr. Stewart stated that the sixth revision was made to the sewer, water and electric utility layout. He said that they encountered a lot of rock during construction so they had to change the sewer line. Mr. Stewart said that the line is better aligned and has already been inspected by the Township’s plumbing inspector.

Vice Chairman Buechler asked Mr. Stewart how long ago was that change made; he said a couple of weeks ago. Chairman Neuer asked Mr. Keller if the Township’s inspector approved it even though it wasn’t on the plans; he said yes. Mr. Stewart said the seventh revision is a proposed concrete sidewalk near the junior varsity field. He said that the original plan showed stairs that would take you to the field area but now they show a sidewalk to the island and another sidewalk for a small spectator area. Chairman Neuer asked Mr. Stewart if that area was originally a planted area; he replied yes. Mr. Sussman asked Mr. Stewart if all of the sidewalks are cinder; he said no. He said this sidewalk is a concrete sidewalk. Mr. Stewart said the eighth revision is that they are proposing to replace the existing scoreboard on the football field. Chairman Neuer asked Mr. Stewart if the scoreboard is the same size; he said no it is bigger. Mr. Williams said that the proposed scoreboard is seven (7) feet wider. Mr. Stewart said the ninth revision is that they are proposing to add utility poles. He said that they met with PSE&G on the site and they suggested that they run new pole lines on the property. Mr. Stewart said they are not constructed yet. Mr. Stewart said the tenth revision is that they are proposing sidewalks and access walkways to the practice field and bleachers on either side of the varsity baseball field. Vice Chairman Buechler asked Mr. Stewart if they were constructed yet; he said the cinder path was but not the concrete sidewalk. Vice Chairman Buechler asked Mr. Stewart if the cinder paths are pervious or impervious; he said pervious. Mr. Keller stated that the cinder paths, in his opinion, are not impervious but they are not totally pervious either. Mr. Stewart said that the eleventh revision is introducing a cinder path in front of the tennis courts.

Vice Chairman Buechler asked Mr. Stewart if the path was constructed yes; he said they are partially constructed. Mr. Stewart said the twelfth revision is to construct two inlets in front of the tennis courts to collect water. Mr. Stewart said that the thirteenth revision is to relocate the batting cages located adjacent to the tennis courts. He said that after Board approval, it was determined that the location was not good for them. Mr. Stewart said they also added a retaining wall in that area and that the work has already been done. Vice Chairman Buechler asked Mr. Stewart when he was told that the location of the batting cages was not good; he said a year ago. Vice Chairman Buechler asked Mr. Stewart how high the retaining wall is; he said four (4) or five (5) feet high. Mr. Stewart said he filed amended site plans with Mr. Keller’s office. Mr. Keller said that he does not recall getting a call about relocation the batting cages and adding the retaining wall. He said that the Township’s code official was there and said that no permit was granted to construct the retaining wall but that a permit was subsequently issued after the wall was constructed. Mr. Williams stated that all of the revisions that were done was an upgrade and an enhancement. Mr. Stewart said they would also like to convert the existing grass field into a turf field and upgrade the track... He said that would. be the fourteenth revision.to the plan. Vice Chairman Buechler asked Mr. Keller if the artificial turf is pervious or impervious; he said impervious. Vice Chairman Buechler asked Mr. Stewart if the artificial turf will impact water flow on neighboring properties; he said no. Mr. Stewart said he recalculated and it meets the regulations they need to satisfy. Mr. Williams stated that a revised stormwater management report was issued. Mr. Keller said that his staff looked at key parts of the document and had some questions about the recharge system. He said that they are going to need some additional information to clarify how they will meet the Township’s stormwater regulations. Mr. Keller said that the design meets the town’s regulation but further review is required. Mr. Williams said that nothing will be final until Mr. Keller can approve it.

Mr. Quentzel asked Mr. Stewart if the bleacher addition will affect the parking requirement; he said that more parking will be required because there are more seats. Vice Chairman Buechler said that the additional parking requirement would make the fifteenth revision. Vice Chairman Buechler asked Mr. Stewart if there is anything else on the site plan that is being revised that he did not point out to the Board; he replied no. Vice Chairman Buechler asked Mr. Stewart to review the plans and make sure there are only fifteen (15) changes. Mr. Keller stated that the cross country track was previously shown as cinder and asked Mr. Stewart if the plan was revised to show some paved and some cinder; he said yes. Vice Chairman Buechler stated that this is now the sixteenth revision. Mr. Grygiel asked Mr. Stewart if they can modify the plan to make ADA parking spaces near the tennis courts; he said yes. Mr. Stewart said they will move three (3) handicap parking spaces over to the tennis courts. There were no further questions for Mr. Stewart from the Board Members or the Board Professionals. Chairman Neuer asked if any members of the public had any questions for Mr. Stewart. Kevin Malanga approached the podium and stated that he lives on Ridge Road. He asked Mr. Stewart if Mr. Malanga was the person who made them aware of the water ponding near the cross country track; he said that Mr. Malanga may have done so. Mr. Malanga asked Mr. Stewart if he notified anyone when the slab was constructed; he replied no. Mr. Malanga asked Mr. Stewart if he saw the bleachers being constructed and did it concern him: he replied yes. Mr. Malanga asked Mr. Stewart if the proposed new scoreboard is equipped to broadcast music; he said that he did not know. Mr. Malanga asked Mr. Stewart if the detention pond will serve as the drain for the artificial turf field; he replied yes.