PB-19-03/Zufall Health Center, Inc.

drainage and the size of the project are mitigated by oversized drainage capacity and the attractiveness of the proposed building. And by upgrading and improving the site the application will further principles of the Master Plan and purposes of zoning thereby causing no substantial impairment to either. To the contrary the proposal further the Township’s planning goals. 22. The Board specifically finds - based upon the evidence presented and the Board’s knowledge of local conditions — that pursuant to Ordinance Section 25- 27.7(c)(2) the tree removal proposed by the applicant will not result in or cause, increase or aggravate any or all of the following conditions: a. Impaired growth or development of remaining trees or shrubs on the property of the Applicant or upon adjacent property - the site is constrained so replacement trees will be planted offsite, also additional landscaping is included in the site plans;

b. Soil erosion, sedimentation and dust - Applicant will obtain Soil Conservation District approval as needed; c. Stormwater or drainage problems — the Applicant agreed to increase the capacity of the storm water drainage facilities in response to requests by the owners of 80 Main Street; d. Significant dimunition of the screening between existing or proposed buildings or roads on site and adjacent land or in the wooded as lot or site from any adjacent road — new buffering landscaping is being provided; e. Sewerage problems — site plans indicated that the site is connected to a public sewer system and there was no indication that the proposed tree removal would have any effect upon sewage disposal; and f. Dangerous or hazardous conditions — the proposed site plan is for construction of a medical office building, and the proposed tree removal would not create any dangerous or hazardous conditions either for staff, visitors or for the public in general. 22. For all these reasons the Board finds that the Applicant has met both the positive and the negative criteria to qualify for the “d” and “c” variance relief requested. Issuance of a Tree Removal and Replacement permit is also warranted. THE DECISION AND CONDITIONS WHEREAS, the Board, having reviewed the application for Preliminary and Final Site Plan approval with “c” variance relief and a Tree Removal and Replacement permit, and having considered the evidence submitted, and having considered the impact of the proposed application on the Township and its residents and the surrounding property owners, and having considered whether the variance request complies with and furthers the goals of the Master Plan and zoning ordinances of the Township of West Orange and the Municipal Land Use Law; hereby, concludes that good cause has been shown to grant the application. NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Township of West Orange that the application for preliminary and final site plan approval with “c” variances and a Tree Removal and Replacement Permit as set forth in the plans, reports, representations, testimony, stipulations and Exhibits offered by the Applicant is hereby approved subject to the following conditions. 1. The Applicant shall comply with all applicable Township, County and State laws, ordinances, regulations and directives, including without limitation, obtaining all

ect to the following conditions. 1. The Applicant shall comply with all applicable Township, County and State laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local and state approvals and/or permits. 2. 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. 3. 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. 4. The Applicant shall pay all outstanding taxes, application fees, technical review fees, inspection fees and performance guarantees 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 Applicant shall be subject to all appropriate remedies for failure to comply with this condition. Ds The parking variance shall be a temporary variance which is granted for the specific medical use (not the user) as proposed by Zufall Health Center, LLC during the hearing. The use as proposed by Zufall is a medical care facility providing medical, dental and counseling services to low income persons. The parking variance shall expire and become null and void upon the cessation of the use as described above. New Jersey courts have long recognized the authority of a board to grant temporary approvals. In Houdaille Const. Materials v. Tewksbury Board of Adj., 92 N.J. Super. 293, 303-304 (App. Div. 1966), the court upheld a limitation on the duration of a conditional use approval for an industrial operation to 5 years to coincide with the term of the applicant’s lease to use the property. Ina similar vein, the court in Wilson Coalition vy. Mayor and Council of Summit, 245 N.J. Super. 616, 617-618 (Law Div. 1990), noted that the Summit Board of Adjustment had granted temporary use variances to the applicant to coincide with the terms of a lease the applicant had entered into with a tenant. In upholding the trial court’s reversal of a board’s denial of a use variance to permit parking on the property containing another use — a gas station — the court in Bell Atlantic v. Riverdale Zoning Board of Adj., 352 N.J. Super. 407, 412-413 (App. Div. 2002) commented that the use variance would be for a limited time period — 7 years — which would provide

urt in Bell Atlantic v. Riverdale Zoning Board of Adj., 352 N.J. Super. 407, 412-413 (App. Div. 2002) commented that the use variance would be for a limited time period — 7 years — which would provide assurance that the proposed parking use would not expand or last forever. See, Cox & Koenig, New Jersey Zoning & Land Use Administration (Gann 2019), section 28-2.1, page 602 (citing Bell Atlantic). In the event the premises are to be used for a materially different purpose the owner will be required to return to the Planning Board (or Zoning Board) for further approval. 6. In connection with the proposed storm water drainage system: (i) Applicant shall revise and submit to the Planning Board Engineer for review and approval the drainage calculations to model the pervious and impervious coverages as a combined Curve Number (CN), rather than a composite CN, per NJDEP Stormwater Best Management Practices. Route the offsite drainage through the stormwater management system.

(ii) Revise the stormwater system to increase the size of the basin from 1,400 cf to 2,100 cf (a 50% increase in size). Re-design the outflow structure to fully utilize the additional storage being provided by the 2,100 cf basin. (iii) | Add a trench drain to the end of the driveway to eliminate flow across the sidewalk and into the street. (iv) Review the location of the underground detention system at the easterly property line for mounding issues which could cause water seepage or slope failure and report findings to the Planning Board Engineer for review and approval. (v) Replace the “Rain Store” system with a “Storm Tank” system which does not require a pre-filter and submit revised plans to the Planning Board Engineer for review and approval. (vi) Prepare and submit to the Planning Board Engineer for review and approval an Operations and Maintenance Manual (“O&M Manual”) for the underground detention system. Upon approval of the Planning Board Engineer and the Township Attorney, record the O&M Manual as a deed restriction for the property. (vii) Revise the drainage details and outlet structure shown on the plans to reflect the revised stormwater management system as required by the above conditions. (viii) Approval of the stormwater management system shall also be subject to County review and approvals. (ix) Provide courtesy copies to Municipal Square Associates, Attention of Lawrence K. Drill, Agent, of all submissions made to the Planning Board Engineer and Township Attorney. 7. The roof of the structure shall be light in color so as not to absorb heat. 8. The exterior facade of the building shall be in a color or colors subject to the review and approval of the Board Planner. 9. Applicant to comply with the review letter from john Hess, PE of CME Associates dated July 26, 2019 (attached) as follows: SectionD1 Applicant agrees to restrict 4 parking spaces closest to the Mt. Pleasant exit for employee parking only; Section D2 No additional handicapped parking needed. Applicant’s patients utilize Medicaid transportation and Applicant testified that they have not had a need for more handicapped parking at their present location. 10

SectionD3 Suggested change not needed. Mr. Quinn testified the project would not impact the basement wall of the adjoining dwelling. Section D4 Applicant contends it would be impossible to save trees on the site due to site constraints. Section D5 —_ Applicant testified that the 9’ x 18° trash enclosure would enclose a3 cubic yard dumpster which would be more than enough capacity for the facility. Sections D6-D9 Applicant will comply. 10. Applicant to plant 15 replacement trees offsite in a location determined by the Township Planner. 11. Applicant to designate 4 parking spaces adjacent to the driveway entrance to Mt. Pleasant Avenue as “Employee Parking Only.” 12. The emergency generator on the roof shall be screened as approved by the Township Planer. 13. The exterior artwork feature on the facade of the building shall contain no lettering or signage. 14. Applicant to provide an engineer’ certification regarding the stability of all retaining walls above 4’. 15. Applicant to install one “No Overflow Parking Allowed at 80 Main Street” sign on the premises. The lots shall be consolidated by deed subject to the prior review and approval of the Board Attorney. IN WITNESS WHEREOEF, the Board has caused this Resolution to be executed by its Secretary on the 2"4 day of October 2019. ee : ‘ VS Robin Miller, Secretary 11

Vote on the Action Taken by the Board Board Member Motion Second Nay Abstain Absent Bagoff * Cardoza (Vice- Chair) Keigher Klein McCartney Trenk Wegner [Wilkes Weston (Chair) wel oe] ae] oe] oe] oe] Williams (1 Alt.) Johnson (2" Alt) Vote on the Memorializing Resolution Board Member Motion Second Nay Abstain Absent Bagoff * Cardoza (Vice- Chair) * Keigher Klein McCartney Trenk a) oat] oe] oe Wegner Wilkes Weston (Chair) a | Williams (1 Alt.) Johnson (2"¢ Alt) 12