Town CrierWest Orange, New Jersey
← Back to search

Minutes · Oct 4, 2017

October 4, 2017

Preserved file SHA-256a572675931cfc39b936dee13e3fda135379b9e21139c637ae441121f5fe7d3d3

Indexed text

Page 12

Mr. Grygiel asked Mr. Morris to confirm the Applicant was proposing to increase the number of parking spaces over existing. Mr. Morris answered yes; roughly five or six spaces. Mr. Grygiel asked Mr. Morris to confirm the intention was not to increase the club membership or activity at the club. Mr. Angowski confirmed that was the former testimony. Mr. Keller asked if Applicant agreed to provide no parking fire lane signage and striping as required by the Fire Official. Mr. Morris answered yes. The Public Advocate and Public had no questions for Mr. Morris. Chairman Bagoff stated the Township had a natural features ordinance; there were steep slopes. He asked Mr. Morris to confirm it was his testimony the steep slopes were all man- made; manufactured by either the expansion of Eagle Rock Avenue or the expansion of the parking lot area. Mr. Morris answered yes. He stated he had walked all three areas. Chairman Bagoff asked Mr. Morris to confirm it was his testimony that if the Board was to impose sidewalks along Eagle Rock Avenue or Laurel Avenue, it would result in an extensive amount of tree removal and disturbance of land. Mr. Morris answered yes. Chairman Bagoff asked Mr. Morris to confirm that Eagle Rock Avenue was a County road and prior approval would be required. Mr. Morris answered yes. Chairman Bagoff announced a brief recess at approximately 9:19 P.M. He reconvened the meeting at approximately 9:27 P.M. Mr. Angowski called Timothy Clinton, General Manager, Crestmont County Club, to the podium to discuss the parking issue and dumpster issue. Mr. Clinton was sworn in under oath. Mr. Clinton stated that currently there two dumpsters in an enclosure behind the kitchen area, one 8-yd. dumpster at the golf course maintenance facility, and a temporary dumpster used to remove debris from the property. He stated the permanent dumpsters were a necessity to control for everyday refuse; they were emptied several times per week. Chairman Bagoff asked Mr. Clinton if during the Monday event, were any cars were parked along Eagle Rock Avenue, Laurel Avenue, or across the street. Mr. Clinton answered no. Chairman Bagoff asked if to his knowledge, any accidents had occurred. Mr. Clinton answered no. Chairman Bagoff asked Mr. Clinton to confirm that all guests arrived safely, left safely, and all vehicles had parked on the physical property of the club. Mr.

Page 12

s had occurred. Mr. Clinton answered no. Chairman Bagoff asked Mr. Clinton to confirm that all guests arrived safely, left safely, and all vehicles had parked on the physical property of the club. Mr. Clinton answered yes. Chairman Bagoff asked the Board if they had questions for Mr. Clinton. Councilwoman McCartney asked if a fire truck would have had access to the property during the event on Monday. Mr. Clinton stated he was not qualified to answer. Captain Keigher asked if there was a contingency plan if needed for large events using valet service for off-site parking. Mr. Clinton stated yes, if the club had an event that exceeded their numbers, they would make advance arrangements for parking in non- traditional areas. 12

Page 13

Mr. Eben asked if the club hired a valet company or their own employees. Mr. Clinton stated the valets were club employees. Mr. Eben asked if going forward for large events, Mr. Clinton would instruct his valets to keep the fire lines open. Mr. Clinton answered yes. Harvey Grossman, Esq., Public Advocate, asked if the Applicant would agree as a condition of approval to have parking supervision or extra attendants in the case of an event when a large number of vehicles were anticipated. Mr. Clinton answered yes. The Public had no questions for Mr. Clinton. Mr. Angowski stated he had no further witnesses for the Application. Chairman Bagoff asked the Public if they had comments on the Application. Sally Malanga, 57 Ridge Road, was sworn in under oath. She stated Crestmont Country Club was a business that relied on selling the beauty of nature to its members. She stated that smart planning required nature first then working around it to make the most attractive project, she thanked the Applicant for working to that goal. She stated she was still deeply concerned about the 10-ft. wide disturbance between the forest and killing more than nine trees. She asked the Applicant to consider some sort of compromise by putting the water line along the road. Loren Svetvilas, 699 Prospect Avenue, was sworn in under oath. He stated the revisions look much better. He stated his issue was not with the Application but rather the process. He stated from listening to the hearing the Application was not just a renovation; it was in essence a new golf course. He stated that listening to the testimony the Applicant had a lack of respect for its own property; from workers living on the property cooking in a makeshift kitchen under a tarp, to the garbage conditions. He stated he was concerned with enforcement of the tree ordinance the Township Forester only worked one day a week. He was concerned the Board would approve the plan; but because the Board did not oversee enforcement, its conditions would not be binding. Robert Rashkes, 35 Oak Crest Road, was sworn in under oath. He stated that today he walked up Eagle Rock Avenue to the club. Where the sidewalk ended there was a dirt path. He stated there were high weeds along the club property that made him unable to walk up to Laurel Avenue. He stated he would approval contingent on the installation of sidewalks, the maintenance

Page 13

path. He stated there were high weeds along the club property that made him unable to walk up to Laurel Avenue. He stated he would approval contingent on the installation of sidewalks, the maintenance of the sidewalks, and maintenance of the weeds. He stated he the club should abide by the Complete Streets policy and install the sidewalks as a service to the community. Robert Daniel, 2B Buckingham Road, was sworn in under oath. He asked the Board to consider the needs of the Public, the Applicant, and the recommendations of the 2010 Master Plan Update regarding pedestrian access. He stated that ultimately the Board had a fiduciary responsibility to the citizens of the Township; the fact that the Applicant was a private club did not impact the fact that it had no sidewalks. He stated the project must provide a benefit to the Public and must include sidewalks along Laurel Avenue and Eagle Rock Avenue. He stated the Township had a Complete Street Policy; he read several portions of the 2013 Resolution adopted by the Board. He stated Applicant was a not-for- profit organization; it enjoyed all sorts of tax exemptions; its property was assessed at only a portion of its actual value as it was zoned R-2 residential; therefore, it paid little property taxes. He stated the club was exempt from the Tree Ordinance even though it had 13

Page 14

extensive tree cutting. He stated the club’s annual revenues for 2015 and the number of employees. He stated the club occupied 240 acres of land. He stated he did not think it would be a hardship to require the club to install sidewalks. He stated the Board should make it a condition of approval to install sidewalks along its perimeter on Laurel Avenue and Eagle Rock Avenue, and all County roads surrounding the club. In addition, he stated the Board should direct the Applicant to place the water line along the existing roadway. Mr. Grossman returned to the podium. He opined the Application was in the public interest for a variety of reasons. He stated the club was located in a residential area and if it did not exist there would probably be residential development with all the associated problems; stress on the school system, increased services, etc. He stated the Township was a combination of greenery, both public and private, to be maintained. There were a tremendous number of golf courses in the area; Crestmont was a beautiful property competing for membership. He stated the Applicant had agreed to comply essentially all requests. The sidewalks were really a County problem; Crestmont should not be blamed for the problem of sidewalks on County roads. He opined the Board should lobby the Township Council to put pressure on the County to put sidewalks on County roads. There were no further questions or comments from the Public. Chairman Bagoff closed the public hearing; the Board deliberated. Chairman Bagoff asked Mr. Dwyer if the Board could legally grant a waiver for a landscape architect. Mr. Dwyer answered yes. Mr. Weston stated the issue was about tree removal and replacement; it was not an extensive landscaping project. There would be input from the Township Forester and Mr. Keller. He stated the testimony and experience of the Applicant's civil engineer was adequate to grant the waiver. Chairman Bagoff stated he would poll the Board to the matter of granting the waiver for a landscape architect; the Board voted unanimously in favor of granting the waiver. Chairman Bagoff stated there had been discussion during the hearing about the Complete Street Policy as it related to the Master Plan; it was not an ordinance. He opined that for this Application, the Policy would not make a lot of sense from a land use perspective; it would require the removal

Page 14

olicy as it related to the Master Plan; it was not an ordinance. He opined that for this Application, the Policy would not make a lot of sense from a land use perspective; it would require the removal of more trees and land disturbance than the entire proposed Application. Councilwoman McCartney stated that she did find it troublesome that the Board had adopted a Complete Street Policy, yet as much as she would like to see sidewalks installed, the area would be so vast and there would be so much disturbance. Mr. Weston stated the Applicant had been very responsive to the concerns of the Board and Public; he opined that if the club failed, the alternative would be a huge development and its resulting impact on the Township. Mr. Eben stated he would like the club to consider extending the existing sidewalk from where it ends on Eagle Rock Avenue to the club property. Conditions: 4. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all 14

Page 15

10. a1. applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. All conditions of approval shall be written on the plans. Applicant to comply with the review letters from Bowman Consulting dated August 29, 2017 except for Item #17. Applicant

Page 15

in this Resolution. All conditions of approval shall be written on the plans. Applicant to comply with the review letters from Bowman Consulting dated August 29, 2017 except for Item #17. Applicant shall comply with the recommendation in the Memo from Township Forester John Linson dated October 4, 2017 which states: “I recommend that the Applicant be required to amend the landscape plans to provide for the restoration of the disturbed area within 75’ of the property boundary.” Applicant to provide an Engineer's estimate of the cost of improvements for calculation of Engineer inspection fees. Prior to beginning work Applicant shall request a pre-construction meeting with Township officials. 15

Page 16

12, 13. 14. 15. 16. 17. 18. 19. 20. 2. 22. 23. Applicant shall work with the Township Forester regarding tree removal and replacement and shall plant not less than the number of trees removed. Applicant shall not shovel snow onto Eagle Rock Avenue. Applicant to comply with recommendations by the Township Fire Officials as they apply to the proposed improvements. Applicant shall use commercially reasonable efforts to avoid tree removal to the extent possible when digging the trench for the new utility lines from Eagle Rock Avenue to the Clubhouse. Applicant shall permanently maintain landscaping to preserve sight lines on both sides of the exit drive onto Eagle Rock Avenue. Applicant shall provide lighting in the overflow parking area per the review and approval of the Board Engineer. Applicant shall comply with fire lane widths and/or other requirements in the parking areas. Applicant shall provide supervision for parking for large events. Applicant shall install “Do Not Enter” and other appropriate signage in the parking areas subject to the review and approval of the Board Engineer. Applicant to install markers at the exit of the driveway at Eagle Rock Avenue. Applicant shall provide an “as-built” survey of the newly installed utilities. Applicant is granted a waiver for having a landscape plan prepared by an engineer rather than a professional landscape architect. The Board voted on the Application as follows: Motion: Chairman Bagoff Second: Mr. Cardoza Cardoza: Yes Trenk: - Eben: Yes Wegner: Yes Ghebremicael: Absent Weston: Yes Klein: Absent Wilkes: - Keigher: Yes Bagoff: Yes McCartney: Yes MEETING ADJOURNED at approximately 10:23 P.M. Minutes adopted November 1, 2017. ae ” Robin Miller, Secretary Township of West Orange Planning Board THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE WEDNESDAY DECEMBER 6, 2017 AT 7:30 P.M. IN THE COUNCIL CHAMBER. 16

File revisions (1)