October 19, 2017

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING October 19, 2017 The West Orange Zoning Board of Adjustment held a regular meeting on October 19, 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, W. Steinhart, M. Straker, M. Sussman, A. Weiss ABSENT: Fred Sanders ALSO PRESENT: Eric Keller, Consulting Engineer Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary Harvey Grossman, Esq., Public Advocate ANNOUNCEMENTS Future Meetings: 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 November 16, 2017. He stated that in agreement with the applicant’s counsel, due to the large number of adjournments requested, the applicant will either proceed at that time or withdraw the application without prejudice. Chairman Neuer stated that this adjournment is 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 September 14, 2017 (regular meeting) Chairman Neuer stated that the draft minutes from the September 14, 2017 regular meeting were circulated to all of the Board Members. Chairman Neuer said that he, Vice Chairman Buechler and Mr. Sussman submitted their comments for these minutes and asked if any Board Member had any additional comments; there were none. Vice Chairman Buechler made a motion to approve the minutes of the September 14, 2017 regular meeting; Ms. Gabry seconded the motion and all were in favor. It was noted for the record that Mr. Steinhart was present at this meeting but did not vote on these minutes because he was not in attendance at the September 14, 2017 meeting. NEW BUSINESS Chairman Neuer made a motion to adopt the West Orange Zoning Board of Adjustment meeting schedule for 2018 that was circulated to all of the Board Members; Ms. Gabry seconded the motion and all were in favor. SWEARING IN Eric Keller, serving as the consulting engineer and planner for the township for ZB-17-07/2017 Eagle Rock, LLC application, was sworn under oath.

APPLICATIONS 1. ZB-17-08/470 Eagle Rock Holdings, LLC Block: 153; Lot: 38; Zone: B-2 470 Eagle Rock Avenue Seeking a “d” use variance to permit a motor vehicle service station in a B-2 zone with bulk variances. Frank Regan, attorney for the applicant, approached the podium. Chairman Neuer stated that Mr. Regan reached out earlier and requested to be carried over to the next Zoning Board meeting on November 16, 2017. Chairman Neuer asked if any members of the public were present for this application; seeing none he said that the adjournment is granted and that no further notice will be required. Mr. Regan stated that he received Mr. Keller’s memo dated 10/19/17 and the applicant will address all of the items in the memo. 2. ZB-17-07/2017 Eagle Rock LLC Block: 176.05; Lot: 12, 12.13, 14; Zone: B-1 & R-6 Seeking preliminary and final site plan approval and preliminary and final subdivision approval to construct a bank. EXHIBITS A-9 — Revised proposed site plan — sheet 5 with a revision date of 10/14/17. A-10 — Revised subdivision and cross access exhibit with a revision date of 10/18/17. A-11—ATM/residential proximity exhibit dated 10/18/17. Robert Williams, attorney for the applicant, approached the podium. Mr. Williams stated that the applicant first appeared before this Board on September 14" detailed the application. Chairman Neuer stated for the record that Mr. Steinhart was not present at the September 14° meeting but has signed an affidavit stating that he has read the transcript from that meeting and will be eligible to vote on this application.

Mr. Williams said that the Essex County Planning Board approved the subdivision but did not approve the site plan as of date. Chairman Neuer stated that if this application is approved, full and final approval from the Essex County Planning Board will be required as to both the subdivision and the site plan. Mr. Williams referred to Mr. Keller’s memo dated 10/12/17 and stated that they are requesting two additional waivers; one for the existing right of way and easements within 200’ of the property and one for existing and proposed contours to extend at least 200’ beyond the subject property. Mr. Keller recommended that the Board approve these waivers because they are not necessary; Chairman Neuer granted the waivers. Mr. Williams said that at the last meeting, members of the public asked when the existing church was built. He said that on May 31, 1964 the church broke ground and opened on May 30, 1965. Mr. Williams also said at the last meeting they were asked to identify any Chase Bank projects that has the blue lighting on the building like the one being proposed for this Chase Bank; he said that the closest one they could find was in Berkley Heights located at 96 Snyder Avenue. Mr. Williams stated that he provided notes from the meeting with the Essex County Planning Board and they will not approve the bump out for the bus stop at this time. He said that his client is granting a reservation of rights to the County should that entity determine to proceed with the bus stop. Chairman Neuer stated that a reservation of rights is not a grant of a right-pf-way; he said that if the applicant makes any improvements on the property the property owner will not be reimbursed from the County for the improvements. Mr. Williams stated that at the last meeting the applicant listened to all of the comments from the residents on Haller Road and redesigned the site to accommodate their concerns.. He said that the applicant’s Engineer, Traffic Engineer and Planner will testify at this meeting tonight. Chairman Neuer asked if Mr. Daniel was present at this meeting; Jerome Eben answered and stated that Mr. Daniel was not present. Chairman Neuer asked Mr. Williams if he had a chance to look at the materials submitted by Mr. Daniel; he replied yes.

Chairman Neuer asked Mr. Williams what the applicant’s position was regarding the certificate of authorization which is a statutory requirement but not necessarily a requirement to testify but to transact business in New Jersey. Mr. Williams stated that Core Technology has applied for the certificate of authority and it is currently pending. He said that they are scheduled for a hearing on November 9" and he is certain that they will receive it. Mr. Williams stated that James Lalli, who testified at the last meeting, is a professional architect licensed in the State of New Jersey; he said that he has a copy of his certificate which he can mark as an exhibit if need be. Mr. Williams said that he also has a copy of the certificate for Mr. McKenzie who worked on the plans. He said that the people who testified are licensed architects in the State of New Jersey. Jerome Eben asked to approach the podium; Chairman Neuer told Mr. Eben that he will not be heard because he did not make the application to the Board; it was raised by Mr. Daniel. Chairman Neuer stated that enforcement is under a different statute; he said that he recognized Mr. Lalli as a licensed architect in the State of New Jersey at the 9/24/17 meeting and he is standing by his decision. Mr. Williams called his first witness. Jeffrey Martell approached the podium and was sworn under oath. Mr. Williams stated that Mr. Martell testified at the last meeting and was recognized as an expert in professional engineering. He said that Mr. Martell’s license is still in good standing and that nothing has changed. Chairman Neuer recognized Mr. Martell as a licensed professional engineer. Mr. Martell stated that they made some modifications to the site plan that was presented as Exhibit A-2 at the last meeting. He presented sheet 5 of the revised proposed site plan dated 10/14/17 that was marked as Exhibit A-9 for identification. Mr. Martell referred to Exhibit A-9 and detailed the proposed changes stating that the cross access to the Chase bank parking lot has been made a one way; he said you can only travel from the Chase bank parking lot to the Township’s parking lot. Mr. Martell said they also provided a curb island and a right turn arrow at the driveway on Haller Road; this discourages cross access and directs cars to make a right out only. Mr. Martell stated that there are thirty six (36) parking

a curb island and a right turn arrow at the driveway on Haller Road; this discourages cross access and directs cars to make a right out only. Mr. Martell stated that there are thirty six (36) parking spaces in the municipal parking lot; there is a slight decrease in impervious coverage and they are proposing to plant shrubs and trees as a buffer.

Mr. Martell stated that they eliminated the trash enclosure; he said that the cleaning service will be responsible for trash removal. Mr. Martell stated that they reduced the wattage in the proposed lights which will bring down the overall light levels and the security light’s wattage was cut down by half. He said that they will continue to work with Mr. Keller regarding the lighting. Mr. Martell presented the ATM residential proximity exhibit dated 10/18/17 that was marked as Exhibit A-11 for identification. Mr. Martell stated that there was some discussion about the noise from the PNC bank’s ATM at the last meeting from a resident that lives near the PNC bank. He said that the resident lives forty two (42) feet from the PNC’s ATM and the Chase bank ATM will be approximately one hundred and fifty seven (157) feet away from the resident’s house; Mr. Martell said that they do not see the comparison. He said that unlike the PNC ATM, the Chase bank’s ATM has no sound and no teller service; he said the machine does not have the ability to make noise. Mr. Martell said that they were asked if there are any other ATM’s in town; he said that they did a survey and he physically visited fifteen (15) properties in close proximity to the proposed Chase bank site. Mr. Martell said that there are six (6) drive thru ATM’s and four (4) exterior walk up ATM’s for a total of ten (10) that operate twenty four hours/seven days a week and are in close proximity to some residences. Mr. Martell presented the revised subdivision and cross access exhibit with a revision date of 10/18/17 that was marked as Exhibit A-10 for identification. He said that this was updated to reflect the reservation to the frontage of the property for the potential bus stop location. Mr. Quentzel referred to Exhibit A-9 regarding the cross access from the Chase bank to the Township’s parking lot and asked Mr. Martell if they allow the tire strip spikes; he said no. Mr. Schwarzbaum asked Mr. Martell to detail how to enter the ATM from Pleasant Valley Way and Eagle Rock Avenue; he referred to Exhibit A-9 and complied. Mr. Schwarzbaum asked Mr. Martell if they could install speed bumps in the driveways; he said they could if need be. Ms. Gabry asked Mr. Martell if vehicle could make a left turn into the site from Eagle Rock Avenue; he said no. Mr. Martell said there will be a sign that says no left

he said they could if need be. Ms. Gabry asked Mr. Martell if vehicle could make a left turn into the site from Eagle Rock Avenue; he said no. Mr. Martell said there will be a sign that says no left turn. Mr. Martell addressed the technical comments in Mr. Keller's memo dated October 12, 2017. He stated that they will comply with whatever Mr. Keller and/or the Board decides regarding items #11 to #27 excluding item #26 regarding the dumpster which was withdrawn from the plan.

There were no further questions for Mr. Martell from the Board Members or the Board Professionals. Chairman Neuer asked if any members of the public had any questions for Mr. Martell. Jerome Eben approached the podium and stated that he lives at 26 Walker Road. He asked Mr. Martell if they looked at flowing the traffic from the opposite direction of what is being proposed in the drive thru window; Mr. Martell said yes and that this is the best design. He said that Mr. Keller is also satisfied with the design of the drive thru. Mr. Eben asked Mr. Martell why they propose to stripe the lane in the one way driveway coming into the commuter lot and not make it narrower; he said so that an emergency vehicle can utilize it. Mr. Eben asked Mr. Martell what they are proposing for the space between the commercial aspect of the commuter parking lot and the house along the westerly parking area on Haller Road; he said that they are moving the parking spaces on that side of the lot and, as Mr. Keller suggested, they are increasing the buffer by five (5) feet. Joe Krakoviak approached the podium and stated that he lives at 20 Grandview Avenue. He asked Mr. Martell if the proposed access road that they are making a one way will force all of the cars parked in the commuter lot to exit on to Haller Road; Mr. Martell said that it will operate just as it does today. Theodore Podhorcer approached the podium and stated that he lives at 14 Haller Road. He asked Mr. Martell what measures are being provided to prevent people from going down the wrong way in the one way driveway; he said they are installing signs that say do not enter. Chairman Neuer advised Mr. Williams to notify the West Orange Police Department and instruct them to enforce the one way do not enter signs. Michael Sinnreich approached the podium and stated that he lives at 7 Haller Road. He asked Mr. Martell if there will be a no left turn sign on to Haller Road; he said yes. Mr. Martell said that they will be installing MUTCD traffic sign that is an enforcement compliant sign that the police will have the power to enforce it. Mr. Sinnreich asked Mr. Martell what days and hours will construction take place; he said that construction will comply with the Township ordinance. Mr. Keller stated that work is prohibited on Sunday and Saturday work is permitted. Mr. Martell said that no construction vehicles

e; he said that construction will comply with the Township ordinance. Mr. Keller stated that work is prohibited on Sunday and Saturday work is permitted. Mr. Martell said that no construction vehicles will go through Haller Road. There were no further questions for Mr. Martell.