January 19, 2017

The West Orange Zoning Board of Adjustment held a regular meeting on January 19, 2017 commencing MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING January 19,2017 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 “Senator Byron M. Baer 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. PRESENT: ABSENT: ALSO PRESENT: D. Gabry, D. Nash, P. Neuer, B. Quentzel I. Schwarzbaum, M. Straker, M. Sussman A. Weiss B. Buechler (excused) F. Sanders (excused) W. Steinhart (excused) Paul Grygiel, Acting Planner Director for the Township Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary H. Grossman, Esq., Public Advocate

ANNOUNCEMENTS Future Meetings: February 16, 2017 (regular meeting) March 16, 2017 (regular meeting) April 20, 2017 (regular meeting) Chairman Neuer announced that application ZB-16-16/Image Resources Group on behalf of Macy’s Backstage that was scheduled to be heard at this meeting has requested to be carried over to the February 16, 2017 regular Zoning Board meeting. The request was granted; the public was advised of the new date and the fact that no further notices would be required. REORGANIZATION Chairman Neuer stated that the Board will have their annual reorganization at this meeting and turned the Chair over to Ms. Gabry. Ms. Gabry asked for a nomination for Zoning Board Chair. Mr. Sussman nominated Mr. Neuer for chairman and Ms. Gabry seconded the nomination. All were in favor; none were opposed. Ms. Gabry turned the chair back over to Chairman Neuer. Chairman Neuer nominated Mr. Buechler for Vice Chairman and Mr. Sussman seconded the nomination. All were in favor; none were opposed. Chairman Neuer nominated Ms. DeSena for Zoning Board Secretary and Ms. Weiss seconded the nomination. All were in favor, none were opposed. Chairman Never nominated Ms. Beirne for Zoning Board Attorney and Mr. Schwarzbaum seconded the nomination. All were in favor; none were opposed.

MINUTES December 15, 2016 (regular meeting) Chairman Neuer asked the Board Members if they had any additional comments to the December 15, 2016 regular meeting minutes that were submitted to them for review; there were none. Chairman Neuer asked for a motion to approve the minutes of the December 15, 2016 meeting. Ms. Gabry made a motion to approve the minutes of the December 15, 2016 minutes; Mr. Quentzel seconded the motion and all were in favor. It was noted for the record that Ms. Nash, Mr. Schwarzbaum and Mr. Sussman were present but did not vote on these minutes. SWEARING IN Paul Grygiel, Planner for the Township for the Township and Eric Keller, consulting Engineer for the Township were sworn under oath. RESOLUTIONS 1. ZB-16-13/H & L Orange, LLC Approved 12/15/16 Block 78.02 & 71.02; Lots: 103,1 & 1.02; Zone: R-G 160 Randolph Place Seeking a one year extension of prior approval for an amended site plan with variances. Chairman Neuer stated that this resolution was circulated to all of the Board Members and he submitted his comments to Ms. Beirne which have been incorporated into the resolution. Chairman Neuer asked if any other Board Member had any comments; seeing none Chairman Neuer asked for a motion to approve the resolution with said revisions. Ms. Gabry made a motion to adopt the resolution with said revisions and Dr. Straker seconded the motion.

The vote was as follows Buechler - Schwarzbaum: - Gabry: Yes Steinhart: - D. Nash: - Straker: Yes Quentzel: Yes Sussman: - Sanders: - Weiss: Yes Chairman Neuer: Yes APPLICATIONS 1. ZB-16-18/Panorama, LLC d/b/a/ Chit Chat Diner Block: 111; Lot: 1.05; Zone: B-2 & PURD 410 Eagle Rock Avenue Seeking amendments for upgrades to a prior approval for ZB-15-11 EXHIBITS A-13 — Proposed upgrades to the Chit Chat Diner dated 12/19/16 A-14 - Drawing C-4 of the Site Plan with a revision date of 1/10/17 Robert Williams, attomey for Panorama, LLC d/b/a Chit Chat Diner (to be referred as the “applicant”), approached the podium. Mr. Williams stated that this project was previously approved by this Board in 2015 and that the applicant is seeking amendments for upgrades to the proposed building. He said that neither variances nor site plan approval are required for this application. Mr. Williams stated that the applicant presented the proposed upgrades to the building department and that they were instructed to submit the proposal to the Zoning Board for approval.

Mr. Williams called the applicant’s architect as his first witness. Charles Isiofia approached the podium and was sworn under oath. Mr. Isiofia detailed his educational and professional background as an architect licensed in the State of New Jersey. Chairman Neuer accepted Mr. Isiofia as an expert in architecture. Mr. Isiofia presented the new upgrades that are being proposed to the Chit Chat diner dated 12/19/16 which was marked as Exhibit A-13 for identification. Mr. Isiofia referred to Exhibit A-13 and detailed all of the revisions being proposed. He said that the building will be two levels and they are proposing a cellar instead of a crawl space. Mr. Isiofia said that the cellar will be used for storage only. Chairman Neuer asked Mr. Williams if they will accept a condition that the cellar will be used for storage and mechanicals only; he replied yes. Mr. Isiofia continued with his testimony stating that they removed one of the windows and are proposing the addition of an awning. He said they are also proposing to replace the stucco on the fagade with stone and that the roof will be synthetic slate and will match the color of the stone on the fagade. Mr. Williams passed around a sample of the stone to be used on the fagade and a sample showing the color of the awning. Mr. Isiofia detailed the proposed redesign to the front entrance of the diner and clarified by saying that the photo on Exhibit A-13 is to show how the stone will look on the building after it is built; he said it is not a photo of the proposed diner. Mr. Isiofia stated that they are proposing to remove the second door in the rear and to replace it with a delivery door which will accommodate deliveries. Chairman Neuer asked Mr. Keller if he was satisfied with the removal of the second door in the rear; he said that if the owner is satisfied that his delivery people will be carrying product into a thirty six (36) inch door then he is has no problem with it.

Mr. Sussman asked Mr. Isiofia if the height of the building is changing; he said no. Mr. Quentzel asked Mr. Isiofia what the square footage of the cellar will be; he said 39 square feet. Mr. Quentzel asked Mr. Isiofia if there is any way to create another means of egress in the cellar. Mr. Williams stated that the cellar will be used for storage only and a second means of egress is not required. Chairman Neuer asked Mr. Isiofia if there will be sprinklers in the cellar; he said yes. Mr. Schwarzbaum asked Mr. Isiofia if there will be any changes to the HVAC; he said no. There were no further questions for Mr. Isiofia from the Board Members, the Board Professionals or members of the public. Mr. Williams called his second witness. John Yakimik approached the podium and was sworn under oath. Mr. Yakimik detailed his professional and educational background as a licensed civil engineer in the State of New Jersey. Chairman Neuer accepted Mr. Yakimik as an expert in professional engineering. Mr. Yakimik presented drawing C-04 of the site plan with a revision date of 1/10/17 which was marked as Exhibit A-14 for identification. Mr. Yakimik referred to Exhibit A-14 and detailed the proposed changes to the site plan. He said that they will be replacing the chain link fence with decorative fencing and the cement curbing with Belgium block curbing. There were no questions for Mr. Yakimik from the Board Members, the Board Professionals or members of the public.

Chairman Neuer asked if any members of the public wished to be heard on this application. Seeing none, Chairman Neuer closed the public hearing and made a motion to approve the application with the condition that the cellar be used for storage and mechanicals only. Ms. Gabry seconded the motion to approve the application with said condition. The vote was as follows: Buechler - Schwarzbaum: Yes Gabry: Yes Steinhart: - D. Nash: Yes Straker: - Quentzel: Yes Sussman: Yes Sanders: - Weiss: Yes Chairman Neuer: Yes 2. ZB-16-04/Piacenza Carried from 11/17/16 Block: 172.25; Lot: 12; Zone: R-4 14 Manger Road “dq” variance for establishing a home day care business EXHIBITS A-1 — Letter from Essex County Planner, David Antonio — dated 1/4/17. A-2 — Proposed Floor Plans — Sheet Al - revision date of 12/16/16 A-3 — Site Plan — Sheets 3, and 9 - revision date of 12/16/16 Marsha M. Moore, Esq., attorney for the applicant, approached the podium and stated that they will be starting over due to a variance omission in the original application.

Ms. Moore stated that her client is proposing to renovate a portion of the ground floor of their home to create a child care facility. She said that the application requires the approval of two (2) “D-1” variances and several bulk variances. Ms. Moore stated that she has four (4) witnesses who will be testifying; the architect, the applicant, the traffic expert and the planner. Chairman Neuer stated for the record that the Board received a letter from Alan Ozarow, Esq., who will representing Robert Rosenfeld residing at 12 Manger Road. Ms. Moore stated that this is her client’s primary residence and that no modifications will be made to the first and second floor; she said renovations will solely be made to the basement. Ms. Moore stated that they submitted plans to the Essex County Planning Board, seeking approval, and received a letter stating that an application to them is not required Ms. Moore presented the letter from David Antonio, Supervising Planner for Essex County, dated January 4, 2017 which was marked as Exhibit A-1 for identification. Ms. Moore called the applicant as her first witness. Daniela Piacenza approached the podium and was sworn under oath. Ms. Piacenza stated that she lives at 14 Manger Road with her husband and two children. She detailed her educational background here in the United States and in Venezuela and said that she currently completed one hundred and twenty hours towards her child development associate credentials. Mr. Piacenza stated that she is currently employed doing market research for a consulting firm. Ms. Piacenza stated that two years ago, she realized that it was difficult to raise two children and work a full time job out of the home. She said that because of her background she tutored children and also volunteered at her son’s daycare and that is when she realized that she wanted to make a living doing that. Ms. Piacenza stated that because she does not have the economic means to rent or purchase a commercial space, opening a daycare facility in her home was a necessity. Ms. Moore asked Ms. Piacenza if the elementary school across the street from her home will have any impact on her daycare; she said no because her hours of operation will be from 7am to 6pm Monday to Friday. Ms. Piacenza stated that she researched the requirements for a home daycare and that

she specifically chose the home she purchased because it had a basement and the space she needed for the daycare. She said that if she is approved, she is aware that there are certain things that are mandated by the State in order to get a license. Ms. Piacenza said that the daycare will offer a language enrichment program and that she chose the creative curriculum which includes activities based on age appropriate goals. Ms. Piacenza said that the children are required to play outside for thirty (30) minutes a day if they are there for four (4) hours or sixty (60) minutes a day if they are there for eight (8) hours. Ms. Piacenza said weather permitting, they will play outside or else they will stay inside and play. She said that the groups will be separated by age but there is no requirement for that. Ms. Piacenza said that the play area is entirely fenced in and large enough to provide separation by age group. Ms. Piacenza said that there will be three (3) employees which include herself as one of the employees; she stated that the number of employees is dependent on how many children she has enrolled and their ages. Ms. Piacenza said that the qualifications of the employees depends on a combination of State requirements as stated in the manual. She said if they have a master’s degree in education they do not need any specific years of experience. Ms. Piacenza said that one head teacher is required and she is not qualified for that position so she has to hire one. She said that her head teacher only has to be there six (6) hours minimum per day according to the manual. Ms. Moore asked Ms. Piacenza to detail when her first employee will arrive and where the employees will park. Ms. Piacenza said that her first employee will arrive at 7 am; she said that she and her husband park in the garage and her husband leaves for work between 7 and 7:30am and is home at 5:30 pm. Ms. Piacenza said one employee will park in the garage after her husband leaves and there is one additional parking space outside. Ms. Moore asked Ms. Piacenza to explain the activity on the street during school hours. Ms. Piacenza said that the buses for the elementary school begin to arrive at 8:35 am and line up inside the parking area of the school designated for buses only. She said that cars cannot park on her side of the street from 8am to 10 am and 2pm to 4 pm and the other

arrive at 8:35 am and line up inside the parking area of the school designated for buses only. She said that cars cannot park on her side of the street from 8am to 10 am and 2pm to 4 pm and the other side of the street is for parent drop off. Ms.