February 16, 2017

Ms. Moore said that the licensing authority requires Zoning Board approval before the applicant may be issued her certification. She said that you cannot get a license to operate a daycare without Zoning Board approval. There were no further comments from the members of the public. Chairman Neuer closed the meeting. Chairman Neuer stated that he is not in favor of the application because the applicant testified that she purchased the home with the intention of making it a daycare. He said that the applicant created her own hardship and should not have purchased the property until she received Zoning Board approval. Chairman Neuer stated that there was no testimony as to the number of daycares in this community so there is no proof of special need for any additional daycare facility. Further, the applicant cannot be the operator of the facility and will have to hire an outsider to do this. Chairman Neuer stated that there was no testimony as to how the applicant’s tuition compares to other daycare facilities; he said the Board has no idea if the tuition is affordable or at market rate. Chairman Neuer stated that there was no testimony regarding the number of younger and older students that will be enrolled; he said that the greater number of younger children requires a greater number of staff to be hired and that will require additional parking. Chairman Neuer stated that this is not a family daycare facility and Mr. Steck compared this to a family daycare in his testimony; that testimony was not based upon the proposed use and that limits its’ credibility. Chairman Neuer stated that there was no testimony in regards to the affordability of the daycare and the use of family daycare statutes to justify this application is not appropriate. Ms. Gabry stated that she agrees with Chairman Neuer and is not in favor of the application. Mr. Quentzel said that he thought that the Board could possibly reduce the number of children but, because that is not possible, he is not in favor of the application. 11

Ms. Weiss stated that this is not about the applicant; this is about zoning and neighborhoods. She said that Ms. Moore did a good job and she feels there are too many children in a residential neighborhood. Ms. Weiss said the negatives outweigh the positives and that the applicant might consider starting a family daycare. Chairman Neuer made a motion to deny the application and Ms. Gabry seconded the motion to deny the application. The vote was as follows: Buechler - Schwarzbaum: Recused Gabry: Yes to Deny Steinhart: : D. Nash: Yes to Deny Straker: Yes to Deny Quentzel: Yes to Deny Sussman: Yes to Deny Sanders: - Weiss: Yes to Deny Chairman Neuer: Yes to Deny 2. ZB-16-16/Image Resources Group Carried from 1/19/17 on behalf of Macy’s Backstage Block: 155.21 & 155; Lots: 40 & 40.03; Zone: P-C 495 Prospect Avenue Seeking two “c” variances to install an additional facade sign EXHIBITS A-1- Photos of Existing Signage Robert C. Williams, attorney for the applicant, approached the podium and detailed the application. Mr. Williams stated that the applicant is asking the Board to permit them to install a second fagade sign when only one is allowed. 12

Mr. Williams presented photos of the existing signage which was marked as Exhibit A-1 for identification. He referred to Exhibit A-1, showing all of the existing signage for the store, and said that the store is not visible from Prospect Avenue. Mr. Williams said in order to have better visibility from the Shop Rite parking lot, they are proposing a facade sign. Mr. Williams called his first witness. Thomas Fitzsimmons approached the podium and was sworn under oath. Mr. Fitzsimmons, fabrication foreman for National Sign and Lighting Company, detailed the size and location of the proposed sign. He also detailed how the sign will be mounted to the fagade of the building and said it will be lit only until 11:00 pm like the existing signs in the shopping center. Vice Chairman Buechler asked Mr. Fitzsimmons if there is only one door to the store; he replied yes There were no further questions for Mr. Fitzsimmons. There were no comments from the Board professionals or any member of the public. Chairman Neuer closed the meeting and asked for a motion. Vice Chairman Buechler made a motion to approve the application; Mr. Quentzel seconded the motion. The vote was as follows: Buechler Yes Schwarzbaum: - Gabry: Yes Steinhart: - D. Nash: - Straker: - Quentzel: ‘Yes Sussman: Yes Sanders: Yes Weiss: Yes Chairman Neuer: Yes 13

3. ZB-16-15/Public Service Electric & Gas Company 325 Mt. Pleasant Avenue Block: 155; Lot: 26.01; Zone: O-R “d” variance for electrical and civil upgrades to the West Orange PSE&G switching station. EXHIBITS A-1 - Letter from Essex County Planning Board dated February 15, 2017 A-2 — Aerial Photo of the Site Chairman Neuer stated for the record that there is a court reporter present for the PSE&G application who is designated as the official transcriber for this application. Vice Chairman Buechler was recused from hearing this application and stepped off the dais. Ms. Gabry stated that she is a member of the Essex County Country Club that is within 200 feet of the site and asked Ms. Beime if this would be a conflict; she replied no. Dr. Straker stated that he owns property within 200” of the site but does not live there. Ms. Beirne stated that this is a conflict and said that Dr. Straker cannot hear the application. Dr. Straker stepped off of the dais. Glen C. Kienz, attorney for the applicant, approached the podium. Mr. Kienz detailed the application and stated that they are proposing to make final improvements on the site that will provide additional back-up electricity. He said that they will be installing three concrete foundations to put the A frames up and they will be the same size as the existing ones. 14

Mr. Kienz said that the applicant is requesting a height variance for the structure and a variance for the expansion of a pre-existing non-conforming use. Mr. Kienz referred to a condition of a prior approval for ZB-09-07 for PSE&G regarding the installation of sidewalks along Mt. Pleasant Avenue. He said, at that time, they met with the County and were told that they did not need sidewalks there. Mr. Kienz said that on February 14, 2017, the County approved this application with the condition that they install sidewalks along Mt. Pleasant Avenue and Prospect Avenue. Mr. Kienz presented the letter from the Essex County Planning Board dated February 15, 2017 that was marked as Exhibit A-1 for identification. Mr. Kienz stated that they will need State and County approval to install the sidewalks. Chairman Neuer stated that the application to the State should denote how important the sidewalks are because it is unsafe. He asked Mr. Kienz how long it would take to file the application; he said within the next three (3) to six (6) months, Chairman Neuer stated that the applications to the State and to Essex County will be filed within three (3) months. Chairman Neuer asked if anyone had any questions regarding the sidewalks. Robert Rashkes approached the podium and stated that he lived at 35 Oak Crest Road. He asked Mr. Kienz why the applicant paid $600 to the State of New Jersey in 2007 requesting sidewalks; he said that was an application fee not a permit fee. Mr. Kienz called his first witness. John Mele approached the podium and was sworn under oath. Mr. Mele detailed his professional background as an Engineer and Planner licensed in the State of New Jersey. 15

Chairman Neuer accepted Mr. Mele as an expert licensed professional engineer and a licensed professional planner. Chairman Neuer asked Mr. Mele if his testimony would mirror what Mr. Kienz stated; he said yes. Mr. Mele presented the aerial photo of the site that was marked at Exhibit A-2 for identification. He said that it was taken from google maps on October 11, 2014. Mr. Mele referred to Exhibit A-2 and delineated where the A Frames are being proposed. He said that the trailers will be removed after seventy two (72) hours of the issuance of the certificate of occupancy. Mr. Mele stated that this will not cause any impairment to the zone or the zoning ordinance. There were no questions for Mr. Mele from the Board Members, the Board Professionals or members of the public. Chairman Neuer asked if any members of the public had any comments or testimony to present to the Board. Robert Rashkes approached the podium and was sworn under oath. Mr. Rashkes stated that he lives at 35 Oak Crest Road and said that he recommends that the Township receive any/all correspondence from PSE&G regarding the sidewalks. Chairman Neuer closed the public portion of this hearing.. Ms. Weiss asked Mr. Kienz if they could plant more trees on the site; he said no because of the nature of the site but said they will look into it with the Township Planner. Chairman Neuer made a motion to approve the application with the following conditions: e Applicant must file an application to install sidewalks on Mt. Pleasant Avenue and Prospect Avenue with Essex County and NJ Department of Transportation within three (3) months of this hearing date or no later than May 16, 2017. ¢ Applicant must install the sidewalks or contribute funds to have the Township install the sidewalks ¢ Applicant will work with the Township Planner in regards to providing shrubs or trees along the fence. 16

Chairman Neuer stated that the applicant can negotiate the bond with the Township Engineer. Chairman Neuer asked for a motion to second the application with said conditions; Ms. Gabry seconded the motion. The vote was as follows: Buechler Gabry: D. Nash: Quentzel: Sanders: Recused Schwarzbaum: - Steinhart: - Straker: Recused. Sussman: Yes Weiss: Yes Chairman Neuer: Yes The meeting was adjourned by Chairman Neuer at 11:01 pm. Adopted: March 16, 2017 17 “ Rose DeSena Zoning Board Secretary