October 19, 2017

Chairman Neuer called for a recess at 9:21 pm. Chairman Neuer resumed the meeting at 9:32 pm. Mr. Williams called his next witness. Matthew Seckler approached the podium and was sworn under oath. Mr. Seckler detailed his professional and educational background as a traffic engineer licensed in the State of New Jersey. Chairman Neuer accepted Mr. Seckler as an expert in traffic engineering. Mr. Seckler stated that he prepared a report that was submitted to the Board with a revision date of 10/5/17. He referred to his report and detailed it. Mr. Seckler stated that the proposed bank has two frontages that are on County roads. He said that his report is based on the 9" edition of the trip generation manual. Mr. Martell said that there will be a reduction of traffic with the new bank because it is a benign use. He said that the use limits the traffic on the road during peak hours and does not bring in new traffic. Mr. Seckler stated that the applicant will purchase a new controller computer at the intersection that will control the traffic lights because the current one is old. He said that the new controller can control the lights dependent on the number of cars in the queue and the new pedestrian signal head that the applicant is providing will tell the pedestrians when to walk. Mr. Seckler stated that the application is also providing infrastructure improvement at the intersection. Dr. Straker asked Mr. Seckler if they will need new traffic lights with the new controller computer; he said no. Mr. Schwarzbaum asked Mr. Seckler what the approximate cost will be for the new controller computer; he said approximately forty or fifty thousand dollars. Mr. Seckler said that the applicant will purchase it and the County will install it. Mr. Keller referred to comment #29 on page 7 of his memo dated 10/12/17 and asked Mr. Seckler to explain how the site traffic movements will operate with the queues extending beyond the driveways; he complied. Mr. Keller referred to comment #31 on page 7 of his memo dated 10/12/17 and asked Mr. Seckler if there will be signs indicating that shoppers can park in the bank parking lot during non-banking hours; he said they can provide signage or whatever else the Board suggests. There were no further question for Mr. Seckler from the Board Members or the Board Professionals.

Ms. Weiss asked Mr. Seckler if he stated that Saturday and Friday evenings were the most popular banking times; he said Friday during lunch and during the commute home are the busiest times. Chairman Neuer asked if any members of the public had any questions for Mr. Seckler. Jerome Eben approached the podium and stated that he lives at 26 Walker Road. He asked Mr. Seckler to detail the how he would enter and exit the site if he lived west of the proposed bank; Mr. Seckler referred to Exhibit A-9 and complied. Theodore Podhocer approached the podium and stated that he lives at 14 Haller Road. He asked Mr. Seckler how many cars per day exit to Haller Road from the Municipal parking lot; he said thirty-something cars per day. Mr. Podhocer asked Mr. Seckler what the anticipated volume of cars would be with the new one way pass-thru; he said approximately one car every six (6) or eight (8) minutes. Mr. Seckler said there may be a few more cars but it will not have any significant negative impact on Haller Road. Mr. Podhorcer asked Mr. Seckler what the accident rate would be for a driveway of this type; he said there will be no significate increase in accidents. Mr. Williams called his next witness. Peter Steck approached the podium and was sworn under oath. Mr. Steck detailed his professional and educational background as a Professional Planner licensed in the State of New Jersey. Chairman Neuer accepted Mr. Steck as an expert in Professional Planning. Mr. Steck stated that he submitted a revised report dated October 3, 2017 which supersedes the report he originally submitted. He referred to his report and began detailing it stating that the proposed site was previously used as a church. Mr. Steck stated that there is currently no agreement with the owner of the site and Township to utilize the parking lot. Mr. Steck detailed all of the variances being requested and stated that the proposed bank is a permitted use but the drive-thru is not. He detailed all of the other bank drive-thru’ s in the area and said that there is nothing in the Master Plan regarding drive thru’ s. Mr. Steck detailed what is allowed in the B-2 zone and stated that parking is allowed as a conditional use. Vice Chairman Buechler asked Mr. Steck when the existing parking lot was built; he said he did not know. Mr. Steck stated that a drive-thru is an accessory use to a principal

d as a conditional use. Vice Chairman Buechler asked Mr. Steck when the existing parking lot was built; he said he did not know. Mr. Steck stated that a drive-thru is an accessory use to a principal use; he said it is a beneficial 9

use for safety reasons; it allows someone to remain in their car. Mr. Steck stated that the site will be getting a lot more landscaping, a municipal parking lot for public use and a bank that will allow parking in their lot after hours; he said that the bank will be helping other businesses in the area by providing parking. Mr. Steck detailed the negative criteria and stated that this will not create any detriment to the zone. Ms. Gabry asked Mr. Steck how many parking spaces are currently in the Municipal parking lot; he said twenty three (23). Mr. Keller referred to his memo dated 10/12/17 and asked Mr. Steck if the sign on the building will be on for twenty four (24) hours; he said yes. He said by having that sign illuminated for twenty four (24) hours shows that there is some activity on the site. Mr. Schwarzbaum asked Mr. Steck if the Chase Bank sign can be dimmed; he said no. Chairman Neuer asked Mr. Steck how long will the temporary sign be up for; he said approximately six (6) months. Mr. Williams said that they will conform to the Township ordinance. He said that they are asking for a variance for the temporary sign and it will be removed after completion of construction or after six (6) months; whichever comes first. Vice Chairman Buechler asked Mr. Steck if the PNC bank has a sign illuminated all night; he said he does not know. Mr. Keller asked Mr. Steck to discuss the purpose of the monument sign; he said that it is a form of advertising and is beneficial helping the people traveling on Pleasant Valley locate the bank. Mr. Keller asked Mr. Steck when the monument sign will be illuminated; he said from dusk to dawn. Mr. Martell stated that they can turn off the illuminated sign that faces the parking lot and just keep the other two signs on. There were no further questions for Mr. Steck from the Board Members or the Board Professionals. Chairman Neuer asked if any members of the public had any questions for Mr. Steck. 10

Jerome Eben approached the podium and stated that he lives at 26 Walker Road. He asked Mr. Steck why he thinks the entrances to the businesses at the two adjacent comers are on angles; he said because they abut the front property line and that is where they have their entrances. Mr. Eben asked Mr. Steck where the entrance to the Chase bank is; he said in the back. Mr. Eben asked Mr, Steck what his opinion is regarding the bank not having a front door; he said the bank not having a front door is not a significant issue because banks have other concerns in terms of security. Mr. Eben asked Mr. Steck would it be beneficial to eliminate two parking spaces in the bank parking lot so that the parking would be even with the building; he said no because it would be less parking for the retail customers after bank hours. Mr. Eben asked Mr. Steck if he thinks more landscaping is necessary as a buffer on Haller Road; he said no. Mr. Steck said there is nothing better than the row of arborvitae that is being proposed as the buffer. There were no further questions for Mr. Steck. Mr. Williams stated that concludes his application. Chairman Neuer asked if any members of the public had any comments. Jerome Eben approached the podium and was sworn under oath. He stated that he lives at 26 Walker Road and said that he thinks this is a great project but he would like it to be a better project. He said he would like to see more landscaping and more enforcement in regards to turning the illuminated sign off at night and taking the temporary sign down. Mr. Eben stated that, according to architect’s law, if a licensed architect that works for a company is not 66% owner a company then the company cannot practice architecture. He said that this Board has aided and abetted the illegal practice of architecture. There were no further comments from members of the public. Mr. Williams summed up and asked the Board to approve this application. He said that the applicant is giving the Town a parking lot, has obliged the residents and will re-do the traffic light at the intersection of Eagle Rock Avenue and Pleasant Valley Way. Mr. Williams stated that this is a great use for this corner. Chairman Neuer declared the public hearing closed. 11

Mr. Steinhart stated that the subdued illuminated signs on this site adds to the security of the neighborhood and he would rather see them than not see them. Ms. Gabry stated that she thinks it is a great application and urged all of the Board Members to vote yes. Chairman Neuer made a motion to approve the application to grant preliminary and final subdivision approvals and preliminary and final site plan approvals. Chairman Neuer stated that he took into consideration Mr. Eben’s comments and there was no unlawful practice of architecture. He said that this Board did not aid or abet in anything and have done anything improper. Chairman Neuer stated that he accepted the testimony of their architect who was licensed and he testified pursuant to that license. Chairman Neuer stated that the testimony of Mr. Martell was credible and professional, Mr. Olivio’s testimony as the landscape architecture was clear and convincing, Mr. Seckler’s report was well done and Mr. Steck’s testimony was spot on and his report well written. Chairman Neuer asked that the resolution of approval include the conclusion set forth by Mr. Steck in his report dated October 3, 2017. Chairman Neuer stated that the following conditions should also be incorporated into the resolution of approval: ¢ Lot to be conveyed to the Township be repaired, seal coated and striped before conveyed to the Township. All fill brought to the site should be certified clean subject to the Township’s Engineer. Pruning of the shrubs subject to the Township Forester. The arborvitae on Haller Road to be cleaned up. Controller and pedestrian head to be purchased by the applicant and installed by the County. Deed of reservation in favor of Essex County for the bus bump out in the future. ¢ Lighting pointed downward with shields on them subject to the Township’s Engineer. Traffic and directional signage, subject to a letter sent to the police department, asking them to enforce signs on private property. ¢ Sign on the building fagade facing parking lot to be turned off from 9pm to 6am ¢ Temporary construction sign may be left in place for no more than 180 days. e Ten days prior to the resolution of approval revised plans must be submitted to Mr. Keller’s office for approval by November 6, 2017. e Erasing all lot lines and adding the two new ones. All items in Mr. Keller’s memo dated October 12,

approval revised plans must be submitted to Mr. Keller’s office for approval by November 6, 2017. e Erasing all lot lines and adding the two new ones. All items in Mr. Keller’s memo dated October 12, 2017 must be addressed. Chairman Neuer stated that his motion includes site plan and sub-division approval. Essex County approval and any other approvals that are required by law must be obtained by the applicant. . 12

Vice Chairman Buechler seconded the motion to approve. The vote was as follows: Buechler: Yes Schwarzbaum: - Gabry: Yes Steinhart: Yes D. Nash: - Straker: - Quentzel: Yes Sussman: Yes Sanders: - Weiss: Yes Chairman Neuer: Yes The meeting was adjourned by Chairman Neuer at 11:17 pm Adopted: November 16, 2017 liek LY, ty, Ro$e DeSena Zoning Board Secretary 13