February 15, 2018

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING February 15, 2018 The West Orange Zoning Board of Adjustment held a regular meeting on February 15, 2018 commencing 8:00 PM at 66 Main Street, West Orange, N.J. in Council Chambers. Chairman Buechler 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 Buechler 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 Buechler asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney, read the Opening Statement. PRESENT: B.Buechler, D. Nash, P. Neuer, B. Quentzel, F.Sanders, W. Steinhart, M. Straker, M. Sussman, ABSENT: D. Gabry (excused) I. Schwarzbaum (excused) A. Weiss (excused) ALSO PRESENT: Paul Grygiel, Acting Planning Director for the Township Eric Keller, Consulting Engineer for the Township Alice Beirne, Esq., Board Attorney Rose DeSena, Board Secretary Harvey Grossman, Esq., Public Advocate 1

ANNOUNCEMENTS Future Meetings: March 15, 2018 (regular meeting) April 19, 2018 (regular meeting) May 17, 2018 (regular meeting) ANNUAL REPORT Adopt: Zoning Board of Adjustment Annual Report — 2017 Chairman Buechler asked for a motion to adopt the Zoning Board of Adjustment’s 2017 Annual Report Vice Chairman Neuer made a motion to adopt the Zoning Board of Adjustment 2017 Annual Report; Mr. Steinhart seconded the motion and all were in favor. MINUTES January 18, 2018 (regular meeting) Chairman Buechler stated that the draft minutes from the January 18, 2018 regular meeting were circulated to all of the Board Members. Chairman Buechler said that Vice Chairman Neuer submitted his comments for these minutes and asked if any Board Member had any additional comments; there were none. Mr. Sussman made a motion to approve the minutes of the January 18, 2018 regular meeting; Vice Chairman Neuer seconded the motion and all were in favor. Tt was noted for the record that Chairman Buechler was present but did not vote on these minutes because he was not in attendance at the January 18, 2018 meeting. SWEARING IN Paul Grygiel, acting Planning Director for the Township and Eric Keller, Consulting Engineer for the Township, were sworn under oath. DISCUSSION Chairman Buechler stated that there was a de minimis change to the resolution ZB-16-12 for McDonalds, USA regarding the set back and impervious coverage. He said that the changes were the result of the County owning a strip of land across the frontage of the site which initially was published on the site plans as an easement. Chairman Buechler asked the attorney for McDonalds to come forward. 2

Alexandra Kozra, Esq. approached the podium Chairman Buechler stated that Ms. Beirne circulated the amended resolution to the Board Members; he said that he would like to have his comments included in this resolution and read them on the record. Chairman Buechler asked if any other Board Member had any comments or revisions to the resolution; there were none. Vice Chairman Neuer made a motion to adopt the amended resolution and Mr. Quentzel seconded the motion. The vote was as follows: Gabry: - Schwarzbaum: - D. Nash: Yes Steinhart: Yes Neuer: Yes Straker: - Quentzel: Yes Sussman: Yes Sanders: Yes Weiss: - Chairman Buechler: Yes RESOLUTIONS 1, ZB-17-10/350 Pleasant Valley Realty, LLC Approved 1/18/18 Block: 152.22; Lot: 1428; Zone: R-5 350 Pleasant Valley Way Seeking a “d” variance for the expansion of a non-conforming use and bulk variances for parking spaces for modifications to the lower level of an existing space. Chairman Buechler stated that this resolution was circulated to all of the Board Members that included comments from Vice Chairman Neuer. Chairman Buechler asked if any Board Member had any other comments; there were none. Vice Chairman Neuer made a motion to adopt the resolution as submitted and Mr. Steinhart seconded the motion. The vote was as follows: Gabry: - Schwarzbaum: - D. Nash: Yes Steinhart: Yes Neuer: Yes Straker: - Quentzel: Yes Sussman: Yes Sanders: Yes Weiss: - Chairman Buechler: -

APPLICATIONS 1. ZB-17-08/470 Eagle Rock Holdings, LLC Carried from 1/18/18 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. EXHIBITS A-6 — Sheet A-1 of the architectural floor plans with a revision date of 10/30/17. A-7 — Colorized rendering of the elevation plan dated 10/30/17. A-8 — Sample board of Materials. A-9 - Letter from Mr. Kliesch to the Township’s Fire Official dated 1/3/18. O-1 — Photo of the existing Mavis Tire store in the K-Mart Plaza. O-2 — Photo of the existing Mavis Tire store in the K-Mart Plaza. O-3 — Photo of the existing Mavis Tire store in the K-Mart Plaza. O-4 — Photo of a section of Eagle Rock Avenue. 0-5 — Photo of the pedestrian sidewalk along Eagle Rock Avenue near the proposed site. Chairman Buechler stated that Mr. Steinhart is recused from hearing this application; Mr. Steinhart stepped off of the dais. Frank Regan, attorney for the applicant, approached the podium. Vice Chairman Neuer stated that at the last meeting the applicant was required to resubmit plans showing the security lights; he said there were other items that also should have been submitted and the Board did not receive them. Vice Chairman Neuer stated for the record that any plans that involve engineering items that are required to be resubmitted must be sent directly to Mr. Keller and the Board Secretary at least ten (10) days prior to the next hearing. Mr. Regan stated that the applicant’s Architect, Engineer and a representative from Mavis Tire will be testifying at this meeting. Mr. Regan called his first witness. Gary Kliesch, architect for the applicant, approached the podium and was sworn under oath. He detailed his professional and educational background as an architect licensed in the State of New Jersey. Chairman Buechler accepted Mr. Kliesch as an expert in architecture. Mr. Kliesch presented revised floor plans with a revision date of 10/30/17 that was marked as Exhibit A-6 for identification.

Mr. Kliesch referred to Exhibit A-6 and detailed the building floor plan. Mr. Sussman asked Mr. Kliesch if the lifts are bolted into the concrete; he replied yes. Mr. Kliesch stated that the HVAC unit will be located on the roof and screened by a 2 % foot parapet that is being proposed. Vice Chairman Neuer asked Mr. Kliesch if the 2 % foot parapet is high enough to shield the HVAC unit; he said that the parapet will shield the unit if you are looking up at it from the street at the property line. Vice Chairman Neuer asked Mr. Kliesch if the parapet is high enough to shield it if you are looking at it from across the street; he said that someone may be able to see it from across the street. Vice Chairman Neuer asked Mr. Kliesch if they can increase the height of the parapet so that it shields the HVAC unit; he said they can but they do not like to because snow loads could accumulate. Mr. Kliesch presented the colorized elevation sheet dated 10/30/17 that was marked as Exhibit A-7 for identification and a sample board of materials that will be used on the exterior of the building that was marked as Exhibit A-8 for identification. Mr. Kliesch referred to Exhibit A-7 and Exhibit A-8 and detailed the fagade and all of the signs that are being proposed. He also referred to Exhibit A-8 and detailed all of the materials that will be used on the building. Chairman Buechler asked Mr. Kliesch when the illuminated signs will be turned off, Mr. Regan replied and said when the store closes. Mr. Kliesch presented a copy of the letter dated 1/13/18 that he sent to the Township’s Fire Official in response to recommendations made in a memo from him dated 8/10/17 that was marked as Exhibit A-9 for identification. Vice Chairman Neuer asked Mr. Kliesch why the glass on the front of the building is clear; he said for visibility. Vice Chairman Neuer stated that people will be able to see the cars on the lifts and he feels that it is not very attractive. Mr. Keller referred to the following item in his technical review memo dated 1/11/18: ¢ Item #16- Mr. Keller asked Mr. Kliesch to address the issue regarding the location of the lights that are mounted on the building because they do not match what is on the site plans; he said that the lights will be mounted at a height of twelve (12) feet and he will revise the site plans to reflect this.

e Item #17 - Mr. Keller asked Mr. Kliesch if they could lower the mounted security lights on the west side of the building so they have less impact on Rosney Terrace; he said yes they will lower them to 7 or 7 1/2 feet. ¢ Item #19 —Mr. Keller asked Mr. Kliesch to describe what the visibility of the HVAC unit will be from the adjacent streets; he said that the unit is 3 %’ from the roof surface to the top of the roof and the parapet is 2% feet high so approximately 6 to 8” of the unit will be visible. Mr. Keller asked Mr. Kliesch how many HVAC units will there be; he said one unit on the east side of the building. Mr. Keller asked Mr. Kliesch what type of cooling will be provided in the bays; he said there are exhaust fans and very big ceiling fans in the bays. Mr. Kliesch stated that the louvers are low to the ground and it draws air. There were no further questions for Mr. Kliesch from any of the Board Members or Board Professionals. Chairman Buechler asked if any members of the public had any questions for Mr. Kliesch. Emrah Altunkaya approached the podium and stated that he lives at 15 Fundus Road. Mr. Altunkaya presented five (5) photos that he took that were marked as Exhibits O-1, O-2, O-3, O-4 and O-5 for identification and detailed them. Mr. Altunkaya asked Mr. Kliesch what the grade of the proposed site is; he said the site slopes now but they are re-grading it so that it is level. Johnathan Lawrey approached the podium and stated that he lives at 478 Eagle Rock Avenue. He asked Mr. Kliesch if the fans in the bays were sufficient enough for the months of July and August; he replied yes. Joyce Rudin approached the podium and stated that she lives at 38 Woodland Avenue. She asked Mr. Kliesch how big the ceiling fans are; he said six (6) feet wide. Ms. Rudin asked Mr. Kliesch if the fans are adequate for the workers if the temperature outside is eighty (80) or ninety (90) degrees; he said yes Ms. Rudin asked Mr. Kliesch if the air conditioning in the office is adequate; he said yes. Ms. Rudin asked Mr. Kliesch what the Township fire official’s concerns were; he referred to Exhibit A-9 and read the nine (9) items listed in the memo. Ms. Rudin asked Mr. Kliesch why they are not proposing to install smoke detectors and fire extinguishers if the Fire Official recommended that they install them; he said because they are not required to do so by

sked Mr. Kliesch why they are not proposing to install smoke detectors and fire extinguishers if the Fire Official recommended that they install them; he said because they are not required to do so by Ordinance.

Ms. Rudin asked Mr. Kliesch where they will be storing tires; he said inside of the building and referred Exhibit A-6 and delineated on the plan where the tires will be stored. Mr. Kliesch said that there will not be any used tires stored outside. Ms. Rudin asked Mr. Kliesch why the signs have to be larger then what is allowed; he said that the size of the signs are for visibility. Mr. Kliesch said that that there are two frontages and that the signs are facing the commercial area and not the residential area; he said that if they placed the signs facing Rosney Terrace they would not need a variance. Ms. Rudin asked Mr. Kliesch what the sound decibels are from the store; he said that he does not know. Vice Chairman Neuer asked Mr. Kliesch if he drove by the current Mavis location; he said no. Vice Chairman Neuer asked Mr. Kliesch if they are meeting the minimum sections of the Townships fire code; he replied yes. Vice Chairman Neuer asked Mr. Kliesch if they could go in excess of the minimum sections of the fire code; he said yes. Joe Krakoviak approached the podium and stated that he lives on Grandview Avenue. He asked Mr. Kliesch what the maximum storage space at the facility is; he said 14,616 cubic feet. Mr. Krakoviak asked Mr. Kliesch what oil based products are at the facility; he said there are two (2) - two hundred and fifty (250) gallon storage tanks to store new and used oil. Mr. Krakoviak asked Mr. Kliesch how many tires can be stored at the facility; he said approximately two thousand (2000) new and three to four hundred (300-400) used tires. Mr. Krakoviak asked Mr. Kliesch if he can describe the flammability of the tires and oil; he said that he cannot. Mr. Krakoviak asked Mr. Kliesch how many years he has been working for Mavis; he said two (2) years. Mr. Krakoviak asked Mr. Kliesch has there ever been a fire at one of the Mavis stores; he said not that he knows of. Mr. Krakoviak asked Mr. Kliesch if there will be an impact to the neighborhood if there is a fire at the store; he said that the fire will be contained within the building. Mr. Krakoviak asked Mr. Kliesch what the impact of the fire will be in the facility if the fans are running; he said that the smoke detector will shut the fans off. Vice Chairman Neuer asked Mr. Kliesch if the glass doors are fire resistant; he said no.

Vice Chairman Neuer asked Mr. Kliesch if they are proposing to install an alarm that goes directly to the fire department; he said no. Mr. Sussman asked Mr. Kliesch if the roof will be made of steel; he said yes. Kevin Malanga approached the podium and stated that he lives on Ridge Road. He asked Mr. Kliesch where the fire door exits will be; he referred to Exhibit A-6 and delineated the fire door exits. Mr. Malanga asked Mr. Kliesch how many Mavis stores he designed; he said three (3) or four (4). Mr. Malanga asked Mr. Kliesch if any of the Mavis stored that he designed were neighboring a residential area; he said yes the Middletown, New Jersey store. Mr. Malanga asked Mr. Kliesch if the bay glass doors have ports for exhaust fumes from an engine; he said no. Mr. Malanga asked Mr. Kliesch if any of the work that is done on automobile engines require the engines to be running; he said no. Mr. Malanga asked Mr. Kliesch if automobile motor vehicle inspections are done at the store; he said he did not know Mr. Malanga asked Mr. Kliesch if the roofing material insulation is flammable; he said it is not flammable but it will melt. Mr. Malanga asked the Chairman what the procedure would be to request the presence of the Township’s Fire Official; Chairman Buechler stated that he would have to deliver a subpoena to the fire department at least ten (10) calendar days prior to the next meeting. Hussein Ismail approached the podium and stated that he lives at 6 Rosney Terrace. He asked Mr. Kliesch where the exhaust fumes go if there is no vehicle exhaust system proposed in the design; he said that the fumes would go outside into the air. Mr. Ismail asked Mr. Kliesch what the height of the lights are going to be on the rear of the building; he said that they are not proposing to put lights on the rear of the building. Mr. Ismail asked Mr. Kliesch how they are proposing to dispose of the oil and old tires; he said they have scheduled pick ups and deliveries. Mr. Ismail asked Mr. Kliesch if the new facility will have a security alarm system; he said that he did not know.

Winston Gaston approached the podium and stated that he lives at 22 Rosney Terrace. He asked Mr. Kliesch if he created the design of the facility; he said no. Mr. Kliesch said the designs of the stores are prototypes. Mr. Gaston asked Mr. Kliesch how many firefighting years of experience he has; he said none. Tal Ben Zvi approached the podium and asked Mr. Kliesch if he was aware of the fact that there is not a Mavis store in Middletown, New Jersey; he said it is not built yet. Chairman Buechler asked Mr. Kliesch if it was approved by a Board yet; he said yes. Crueal Davis approached the podium and stated that he lives at 20 Rosney Terrace. He asked Mr. Kliesch how long he has been working on this plan; he said since June 2017. Mr. Davis asked Mr. Kliesch what is flammable inside of the building; he said tires, oil, standard building materials and chairs. Mr. Davis asked Mr. Kliesch if he knew what would happen if there was an explosion in the building and the glass from the front doors blew out into the street; he said no. Mr. Davis asked Mr. Kliesch if he knew what would happen to the neighborhood if there was a fire at the facility on a windy day and a tree caught fire; he said no. Elizabeth Ismail approached the podium and stated that she lives at 6 Rosney Terrace. She asked Mr. Kliesch if the proposed facility will have a light on the top of the building: he said no. Chairman Buechler called for a recess at 9:34 pm. Chairman Buechler resumed the meeting at 9:46 pm Robert Rashkes approached the podium and stated that he lives at 35 Oak Crest Road. He asked Mr. Kliesch if they are proposing to install ramp lifts in the facility; he said he does not know. Mr. Rashkes asked Mr. Kliesch if they are proposing to install an air purification system in the facility; he said they are installing air filters in the waiting room. Rosary Morelli approached the podium and stated that she lives on Ralph Road. She asked Mr. Kliesch if the fans provide favorable working conditions for the employees; he said yes, Mr. Kliesch said the employees are used to working in those conditions. Loren Svetvilas approached the podium and stated that he lives at 699 Prospect Avenue; he asked Mr. Kliesch what it would cost to upgrade the fire system; he said approximately $12,000 to $14,000 to upgrade the fire system and the sprinkler system would be approximately $40,000.