September 14, 2017

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING September 14, 2017 The West Orange Zoning Board of Adjustment held a regular meeting on September 14, 2017 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 “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: B. Buechler, D. Gabry, D. Nash, P. Neuer, B. Quentzel, I. Schwarzbaum, M. Straker, M. Sussman, A. Weiss ABSENT: F. Sanders (excused) W. Steinhart (excused) ALSO PRESENT: Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary Harvey Grossman, Esq., Public Advocate ANNOUNCEMENTS Future Meetings: October 19, 2017 (regular meeting) November 16, 2017 (regular meeting) December 21, 2017 (regular meeting)

Chairman Neuer announced that application ZB-16-17/New Cingular Wireless PCS, LLC (AT&T) that was scheduled to be heard at this meeting has requested to be carried over to the Zoning Board meeting to be held on October 19, 2017; in so doing the applicant has extended all statutory time periods for a decision by the Board. Accordingly, this adjournment was granted and no further notice will be required. Chairman Neuer also welcomed Ms. Gabry’s students, studying land use law at Seton Hall, who were at the meeting. MINUTES August 17, 2017 (regular meeting) Chairman Neuer stated that the draft minutes from the August 17, 2017 were circulated to all of the Board Members. Chairman Neuer said that he and Vice Chairman Buechler submitted their comments for these minutes and asked if any Board Member had any additional comments; there were none. Ms. Gabry made a motion to approve the minutes of the August 17, 2017 meeting; Mr. Sussman seconded the motion and all were in favor. It was noted for the record that Mr. Schwarzbaum, Dr. Straker and Ms. Nash are present at this meeting but did not vote on these minutes because they were not in attendance on August 17". SWEARING IN Eric Keller was sworn under oath. It was noted for the record that Mr. Keller is serving as the consulting engineer and professional planner for the ZB-17-07/2017 Eagle Rock Holdings, LLC application. RESOLUTIONS 1. ZB-16-11/Facey Approved on 8/17/17 Block: 85.03; Lot: 8; Zone: R-5 233 Mt. Pleasant Avenue Applicant re-purposed an existing garage to be used as a den Chairman Neuer stated that the Board Members received a copy of the draft resolution for this application and that the changes were done by consensus of the Board. Chairman Neuer stated that all correspondence from the applicant’s attorney and the attorney for an objector was given to the Board and was placed into the file but is not considered evidence.

Chairman Neuer asked if the applicant’s attorney, Ms. Berkenwald, was present; it was noted for the record that Ms. Berkenwald was not present. Chairman Neuer asked Jeffrey Kantowitz, attorney for the objector, if he has anything to add to the correspondence that was sent to the Board Members. Mr. Kantowitz approached and stated that the rationale behind the language that he offered to be included in the resolution was to make sure that the light was shielded and installed properly. Anna Facey, applicant, was present at the meeting and approached the podium. Ms. Facey stated that she has a photo of the shield that they purchased for the light and asked if the Board Members would look at it. Chairman Neuer stated that the Board Members will pass on looking at the photo; he said that this is something that will have to be resolved with the neighbor and with the enforcement arm of the Building Department. Chairman Neuer asked for a motion. Chairman Neuer stated that he did some research and there is a section in the Township’s zoning ordinance, 25-14.1, that speaks generally to commercial parking areas that he believes supports what is in this proposed resolution. He said that the section reads “lighting for off street parking shall be designed so that the light is directed downward and that shields or cut offs, when necessary, shall be installed to prevent spillage onto residential areas or public streets”. Chairman Neuer stated that the condition that the Board is imposing in the proposed resolution is justified according to the Township Ordinance. The Board decided to not make further revisions to the proposed resolution. Vice Chairman Buechler moved adoption of the resolution; Ms. Weiss seconded the motion. The vote was as follows: Buechler: Yes Schwarzbaum: - Gabry: Yes Steinhart: - D. Nash: - Straker: - Quentzel: Yes Sussman: Yes Sanders: - Weiss: Yes Chairman Neuer: Yes

APPLICATIONS 1: ZB-17-07/2017 Eagle Rock West Orange, LLC Block: 176.05; Lot: 12, 12.13, 14; Zone: B-1 & R-6 Seeking preliminary and final site plan approval to construct a bank. EXHIBITS A-1 — Aerial View of site dated 9/11/17 A-2 — Site Plan - sheet C-5 with a revision date of 8/9/17 A-3 — Subdivision and Cross Access Plan — sheet 1 of 1 dated 9/14/17 A-4 — Proposed Floor Plan — dated 8/1/17 A-5 — Proposed Exterior Elevations — dated 3/15/17 A-6 — Proposed Drive Thru Canopy Elevations — dated 8/4/17 A-7 — Design Standards Drawing Version 16.2 — Sheet $2.2 — dated 12-16-16 A-8 — Proposed Signage Details — dated 8/7/17 Chairman Neuer announced that the official court reporter for this application is Donna Kells, CCR from Schulman, Weigmann & Associates. Robert Williams, attorney for the applicant approached the podium. Mr. Williams detailed the application stating that his client is proposing to construct a bank with two drive thru windows. He said that banks are a permitted use in the B-1 zone where this proposed bank is located but, because there is no language regarding a drive thru in the Township ordinance, the drive-thru is not permitted so they are seeking a use variance. Mr. Williams stated that they are also proposing to sub divide the property and create a parking lot with thirty seven (37) parking spaces for the Township. He said that the applicant will deed this lot in fee, without compensation, and convey it to the Township to be used as a municipal parking lot. Mr. Williams stated that if the bank does not purchase this property there is no assurance that another buyer will deed the lot to the Township for parking. He said that in addition to the thirty seven (37) parking spaces, they can utilize the twenty three (23) parking spaces on the bank site when the business is closed. Mr. Williams stated that this application has already been approved by the Essex County Planning Board. Chairman Neuer stated for the record that the applicant was required to submit the plan to the Essex County Planning Board because it is located on a county road and that while that body 4

approved the project as to traffic and drainage considerations, they did not approve the entire application. Mr. Williams called his first witness. Jeffrey Martell, professional engineer for the applicant, approached the podium and was sworn under oath. Mr. Martell detailed his professional and educational background as a professional engineer and professional planner licensed in the State of New Jersey. He said that he is the civil engineer for this project. Chairman Neuer accepted Mr. Martell as an expert in civil engineering. Mr. Martell presented an aerial view of the site, dated 9/11/17, that was marked as Exhibit A-1 for identification. Mr. Martell referred to Exhibit A-1 and detailed the existing conditions of the site and surrounding properties. Mr. Martell stated that there are currently two buildings on lots 12 and 14 and three parking areas that total sixty (60) parking spaces; thirty six (36) spaces on lots 12 and 14 and twenty four (24) spaces for commuter parking on lot 12.13. Mr. Martell presented sheet C5 of the site plan with a revision date of 9/1/17 that was marked as Exhibit A-2 for identification. Mr. Martell referred to Exhibit A-2 and detailed what is being proposed. He said that the applicant is proposing to sub divide the three (3) existing lots to create two (2) lots. Mr. Martell stated that the proposed lot 12 is the main subject of the site plan application where the 3470 sq. foot Chase Bank is being proposed with a drive thru located towards the rear of the site. He said that the drive thru will have two (2) lanes with an ATM only; he said there will no teller service in the drive thru or a tube system. Mr. Martell stated that they are also proposing a canopy over the ATM. Mr. Martell stated that the frontage of the bank is on Pleasant Valley Way but the entrance is in the rear because the Township ordinance only allows parking on the side and rear of a building. He said that the building was architecturally designed so that all sides will look the same. Mr. Martell stated that there will be twenty three (23) parking spaces located on the bank site which will be made available to the public outside of business hours. Mr. Martell stated that the lot deeded to the Township will have thirty six (36) parking spots which include two (2) ADA spaces and a cross access agreement between the two lots. Mr. Martell stated that

Martell stated that the lot deeded to the Township will have thirty six (36) parking spots which include two (2) ADA spaces and a cross access agreement between the two lots. Mr. Martell stated that they are proposing a right turn out only on Haller Road with a left turn out egress onto Pleasant Valley Way from Haller Road and a right turn out only on Pleasant Valley

Way and Eagle Rock Avenue. Mr. Martell stated that the only trash is waste from the employees and the shredded materials will be picked up daily by the cleaning service. Mr. Martell stated that they are proposing a six (6) foot solid fence along the west side of the property. He said that the original structures will be demolished and the site will be leveled. Mr. Martell stated that they will be installing three (3) twenty (20) foot light poles in the interior of the site and ten (10) fifteen (15) foot light poles around the perimeter of the site. He said that their lighting plan meets the Township’s standards for lighting. Mr. Martell stated that Mr. Keller suggested that they consider providing a bus lane along Pleasant Valley Way; he said that would require widening the road and moving the existing bus stop. Mr. Martell said that they will consider doing that and will consult with the County. Mr. Martell presented the sub division and cross access plan dated 9/14/17 that was pre-marked as Exhibit A-3 for identification. Mr. Martell referred to Exhibit A-3 and detailed what is existing and being proposed. Mr. Martell detailed all of the signage; he said that wall mounted signs are being proposed on the bank building and the drive thru canopy and one monument sign near the intersection. Mr. Martell said there are a total of ten (10) signs being proposed. Mr. Martell stated that the applicant has agreed to comply with items #5 thru #49 in Bowman’s technical review memo dated 9/8/17. Mr. Martell stated that the lot that they are deeding to the Township exceeds what is currently there and what is being proposed balances the public need with the private industry need. Vice Chairman Buechler asked Mr. Williams if the Township has agreed to accept the deeding of the property; he said that he has had informal discussions with the Township but has not received a formal letter from them yet. Chairman Neuer asked Mr. Martell how to enter the drive thru; he said that that you enter south and exit north. Vice Chairman Buechler asked Mr. Martell how far the edge of the driveway coming out from Eagle Rock Avenue is from Haller Road; he said approximately eighty (80) feet. Vice Chairman Buechler asked if the tree near the side of the driveway will impede the site line 6

when exiting; he said no. Mr. Martell said that the tree is approximately eight (8) feet back from the curb side. Vice Chairman Buechler asked Mr. Martell to explain how they would install a bus pull out; he complied and detailed the relocation of the existing curb to create the bus lane. Vice Chairman Buechler asked Mr. Martell if they would still meet all the setbacks if they cut back ten (10) feet into the curb to install the bus lane; he said yes. Vice Chairman Buechler asked Mr. Martell if there would be an impact on the impervious coverage to install the bus lane; he said no they are well below what is allowed. Vice Chairman Buechler asked Mr. Martell how long they anticipate start to finish construction; he said approximately six (6) to seven (7) months. Ms. Gabry asked Mr. Martell where the employees will park; he said in a row that is adjacent to the drive thru. Ms. Gabry asked Mr. Martell how many employees they are expecting; he said it will vary. Mr. Martell said that there will be two (2) to four (4) employees during normal banking hours but there may be a couple of additional employees working if they have an appointment there. Mr. Schwarzbaum asked Mr. Martell to detail the egress and ingress of the drive thru; he referred to Exhibit A-2 and detailed how one would enter and exit the drive thru. Mr. Schwarzbaum asked Mr. Martell why they are proposing an entrance on Haller Road; he said that this is the most beneficial design and a better configuration. Mr. Schwarzbaum asked Mr. Martell if they will have a walk-up ATM; he said yes that there is a an ATM in the lobby for pedestrians. Mr. Sussman asked Mr. Martell to detail the ingress and egress on Pleasant Valley Way; he said there a proposing a right out and a left in only. Mr. Martell said that this is being proposed on Eagle Rock Avenue also. He said that you can only make a right out from the site onto Haller Road but you can make a left or a right onto Eagle Rock Avenue from Haller Road. Mr. Quentzel asked Mr. Martell if the fire department approved the plan for emergency vehicles; he said yes. Mr. Martell said the west side of the bank is where an emergency vehicle would enter and they would exit on the east side of the building. Mrs. Weiss asked Mr. Martell if the bus pull out was part of the application; he said this was recommended by Mr. Keller. Mr. Martell said that the

d they would exit on the east side of the building. Mrs. Weiss asked Mr. Martell if the bus pull out was part of the application; he said this was recommended by Mr. Keller. Mr. Martell said that the County approved the application without the bus lane.

Mr. Keller asked Mr. Martell what the County approved for egress and ingress from Eagle Rock Avenue; he said no left turn in our out on Eagle Rock Avenue. Mr. Keller asked Mr. Martell if they will be re-stripping the commuter lot and repairing the pot holes; he said yes. Mr. Keller asked Mr. Martell if they require three thousand (3,000) cubic yards of material to bring the site up to grade; he said yes. Mr. Keller asked Mr. Martell if the imported fill will be certified clean; he said yes. Mr. Keller advised Mr. Martell that he will need a clear summary of what they are cutting and what they are filling. Mr. Keller asked Mr. Martell if they looked to see if there was a better way to get more parking spaces in the commuter parking lot; he said that there is no easy way to increase parking spaces unless you stack and if they decrease impervious coverage they will lose two parking spaces. Mr. Keller asked Mr. Martell where the ADA parking spaces will be located; he said they are eliminating the ADA spaces that are currently there because they are not the closest spots to the entrance. Mr. Grossman asked Mr. Martell what internal and external security provisions are being proposed; he said that this is not something that they make public record but will meet with the Township’s police department. Chairman Neuer called for a recess at 9:30 pm. Chairman Neuer resumed the meeting at 9:42 pm. Chairman Neuer asked if any members of the public had any questions for Mr. Martell. Robert Daniel approached the podium and stated that he lives at 2b Buckingham Road. Mr. Daniel asked Mr. Martell why they are not making the entrance to the bank on Pleasant Valley Way because the other banks have their entrances on Pleasant Valley Way; Mr. Martell responded that the entrance facing the parking lot makes more sense. Mr. Martell also stated that the other banks are not corner lots. Mr. Daniel asked Mr. Martell what is required to make the bus pull out a part of this project; he responded if the Board asks the applicant to pursue it then they will.