April 15, 2021 Regular Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING April 15, 2021 8:00 P.M. The West Orange Zoning Board of Adjustment held a regular meeting on April 15, 2021 commencing 8:00PM utilizing the virtual Zoom platform. Chairman Neuer called the meeting to order at approximately 8:04 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 asked everyone to stand for the Pledge of Allegiance. Alice Beirne Esq., read the opening statement. Present: Jerome Eben, Philip D. Neuer, Bart Quentzel, Jonathan Redwine, Peter Ricci, Irv Schwarzbaum, William Steinhart, Dr. Michael Straker, Mark Sussman (arrival 8:08PM), Alice Weiss Absent: M. Straker [excused absence] Also Present: Paul Grygiel, Acting Planning Director for Township John Hess, Consulting Engineer for the Township Alice Beirne, Esq. Board Attorney Diana L. Chandler, Acting Board Secretary ANNOUNCEMENTS Meetings: May 20, 2021 (Regular) June 17, 2021 (Regular) July 15, 2021 (Regular) - ZB 19-10/955 Pleasant Valley Way LLC will not be heard. It will be carried to the May 20, 2021 meeting.

- ZB 21-06 / Rawls will not be heard. It will be carried to the May 20, 2021 meeting. - ZB 21-05 /Tamay will not be heard. It will be carried to the May 20, 2021 meeting. - Chairman Neuer also announced that there will be a Special Meeting scheduled for CSH in May/June MINUTES February 18, 2021 Meeting Minutes Motion: Chairman P. Neuer Second: W. Steinhart ADOPTED Eben: No Straker (Alt.4): NA Quentzel (Alt. 1): Yes Sussman (Alt. 3): NA Redwine: Yes Weiss: Yes Ricci: NA Chairman Neuer: Yes Schwarzbaum: Yes Steinhart: Yes March 18, 2021 Meeting Minutes Motion: Chairman P. Neuer Second: I. Schwarzbaum ADOPTED Eben: Y Straker (Alt.4): NA Quentzel (Alt. 1): Y Sussman (Alt. 3): NA Redwine: Y Weiss: Y Ricci: Y Chairman Neuer: Y Schwarzbaum: Y Steinhart: ABSENT

March 29, 2021 Meeting Minutes Motion: Chairman P. Neuer Second: I. Schwarzbaum ADOPTED Eben: Y Straker (Alt.4): NA Quentzel (Alt. 1): Y Sussman (Alt. 3): RECUSED Redwine: Y Weiss: ¥ Ricci: Y Chairman Neuer: Y Schwarzbaum: Y Steinhart: Y SWEARING IN Mr. Paul Grygiel acting Planning Director for the Township and Mr. John Hess, consulting Engineer for the Township, were sworn under oath by Ms. Beirne. RESOLUTIONS 1) ZB-20-15/Dean Block: 46.05; Lot: 1; Zone: R-5 171 Walker Road Approved on 3/18/2021 Seeking a “c” variance for the rear yard setback for the expansion of an existing upper deck and replace lower patio with a deck. Motion: J. Eben Second: Chairman P. Neuer ADOPTED Eben: Y Straker (Alt.4);: NA Quentzel (Alt. 1): Y Sussman (Alt. 3): NA Redwine: Y Weiss: Y Ricci: Y Chairman Neuer: Y Schwarzbaum: Y Yes: 6; unable to vote 3 Steinhart: NA

2) ZB-21-03/Ice Block: 148.04; Lot: 5; Zone: R-6 37 Moore Terrace Seeking a “c” variance for the side yard setback for installing a mini split air condenser on the side of house Motion: I. Schwarzbaum Second: J. Eben Approved on 3/18/2021 ADOPTED Eben: Y Straker (Alt.4): ABSENT Quentzel (Alt. 1): Y Sussman (Alt. 3): NA Redwine: Y Weiss: a Ricci: Y Chairman Neuer: Y Schwarzbaum: Y Yes: 7 unable to vote: 3 Steinhart: ABSENT APPLICATIONS 1) ZB-20-14/E&J Masonry Supply Inc. Block: 2; Lot: 43.01 & 50; Zone: R-T 15-19 Meeker Street Seeking a “d” and “c” variances major site plan approval. Presentation: - Mr. Schkolnick (applicant’s attorney) detailed the application to the board. The goal is to bring the commercial aspects of the property substantially inside an expanded structure by raising the roof of building and making it so trucks and other vehicles can navigate inside which also addresses NJDEP issues by raising the Ist floor elevation to move the operations out of the floodplain. With the site being directly adjacent to the East Branch of the Rahway River, the current submission addresses most of the technical issues. -There is one minor glitch with the architectural drawings. The filed plans show two first floors. Mr. Grygiel pointed this out in his February 11, 2021 review letter. The 2nd floor of what is proposed is slightly different than what is in front of the Board.

-Mr. Daniel Reeves, Civil Engineer was sworn under oath by Ms. Alice Beirne and accepted as an expert in his field. Mr. Reeves provided a project overview with an aerial photograph marked as Exhibit A-1. The lot is approximately 31,500 square feet or .72 acres. It is located on the northbound site of Meeker St, also within the RT-2 family Residential zone abutting the East Branch of the Rahway River, also known as the Township dividing line between West Orange and the City of Orange. -The witness then referred to a colorized version of the site plan which is the latest site plan that was submitted to the Board with the date of April 5, 2021. The only change to the plan was to add some color (Ms. Beirne noted that this colorized plan is Exhibit A-2.) and that the property is currently developed by three buildings of mixed uses; a multi-family residential/office building as well as a. vacant storage building and a one-story garage located along the East Branch of the Rahway River. In addition, there is a driveway that provides access to the rear of the property for the additional garages. Additionally, there are two public sanitary sewer mains that traverse the property from North to South and a 15 foot sanitary easement which contains a 30 inch sanitary sewer. There is an additional 18 inch sanitary sewer main that is located just outside of the easement and also has a manhole on the property. - The location of the property is adjacent to the East Branch of the Rahway River and there is an FHA flood, fringe based on review and communications with the NJDEP. A submission to the New Jersey Department Environmental Protection for an FHA verification and individual permit for the proposed improvements was submitted in March of 2021. At the time of this meeting no responses have been received by the Applicant regarding completeness or technical review by NJDEP. -Mr. Reeves continued with an overview of the existing conditions by referring to the colorized site plan marked as Exhibit A-2 The applicant is seeking to renovate existing Building #2 to construct an approximately 2,200 square foot addition to help move most of the activities inside the building to reduce noise, to clean up the site and to achieve compliance with the current flood hazard rules by raising the floor to be | foot above the design flood elevation. There is an existing driveway adjacent to

noise, to clean up the site and to achieve compliance with the current flood hazard rules by raising the floor to be | foot above the design flood elevation. There is an existing driveway adjacent to lot 51 which the applicant is proposing to be utilized solely by the residential tenants with additional screening along Lot 51. -Mr. Reeves explained that the applicant is providing eighteen parking stalls so that a variance for parking is required. The applicant will testify that there is ample parking for this use and for the number of employees for the business (the majority of whom utilize public transportation). -Mr. Reeves opined that in his professional opinion there is sufficient parking for this type of use and provided a turning template as requested by the West Orange Fire Department. This turning template demonstrates that the West Orange fire apparatus can access the site via the existing driveway, perform a turning movement, and then exit the site without having to back out. - Mr. Reeves explained the applicants are providing landscaping screening to the residential properties along the eastern property line and are proposing a buffer along the Western property line - Mr. Reeves testified that the applicant has agreed to upgrade the existing lighting; he referred to drawing C701. (Sheet 4 of the 8 sheet set dated April 5th, 2021 and previously submitted to the board) and will comply with the letter from the Board Engineer, John Hess, in regard to lighting.

-Mr. Reeves addressed Storm Water before getting into Mr. Hess' report, which mentions that the existing inlet falls into the East Branch of the Rahway River. It is known to be an 8 inch PVC storm pipe (Drawing C 401 Sheet 3, also known as the Grading, Drainage and Utility plan) that runs into the river with the proposed improvements to collect the roof runoff to go towards the Western and the Northern properties. With the proposed improvements, the building will all be piped underground through various different stormwater conveyance systems to this inlet and eventually out to the East Branch of the Rahway River. The Applicant will install a larger pipe As referenced in Mr. Hess’ letter. -To satisfy the flow requirements, it is proposed to upsize this inlet based upon responses expected from the NJDEP. Mr. Hess’ April 7, 2021 letter states that there is a low point created and additional calculations need to be provided to demonstrate capacity. The concrete ramp located just North of the one story building must be reworked to ensure there are no low points and adequate pitch will be made to the inlet to comply with Mr. Hess’ comments. - Chairman Neuer deferred to Mr. Hess to determine whether or not he is comfortable with the waiver request. Mr. Hess responded that he has no problem now that the title report has been submitted. Chairman Neuer declared that the waiver request is granted. -Mr. Reeves said there is an exemption letter from Essex County and that the applicant will comply with the requirements of the Essex County Planning Board, New Jersey Department of Environmental Protection and the Soil Conservation District. -Applicant has agreed to upsize the drainage pipe that will conveying roof runoff and will be submitting drainage calculations to the Board to show the pipes being adequately sized with backup documentation. Chairman Neuer mentioned however, that the calculations were already submitted. - Mr. Reeves testified that the business does not currently generate any trash or recycling materials. Trash for the residential building on Meeker Street, does have rollaway, trash and recycling cans that are being picked up from the Township Sanitation Department, but the business does not generate any trash and therefore the witness does not feel that there is a need to provide any dumpster enclosures or a solid waste management plan. - Mr.

tation Department, but the business does not generate any trash and therefore the witness does not feel that there is a need to provide any dumpster enclosures or a solid waste management plan. - Mr. Schkolnick, mentioned traffic. Chairman Neuer asked if one of witnesses, was a traffic engineer. Mr. Schkolnick said that Mr. Reeves testified on the number of vehicles owned and client confirmed that Mr. Reeves can talk about the general circulation as there are only 8 trucks. -Chairman Neuer stated having Mr. Reeves testify even though he is not qualified as a traffic engineer, they run the risk of credibility issues. Mr. Schkolnick responded that he wants to get the board all the information it needs and opted to continue. -Mr. Reeves responded in in regard to traffic control and directional signs, this is a private lot where no additional signage would be required. Sight triangles will be added. Chairman Neuer ruled that the waiver request in this regard is denied. There has to be testimony with regard to vehicular and pedestrian circulation patterns. - Mr. Reeves explained why there are wheel stops instead of curbing This is an existing driveway with a parapet wall along the majority of the edge of East Branch of the Rahway River where there is an existing chain link fence. Mr. Hess answered that he made the comment because this is an ordinance requirement.

- Mr. Schkolnick and Mr. Reeves are not 100% certain that a sealed architectural plan had been submitted but will have to provide updated architectural plans to fix that oversight. -Chairman Neuer said to Ms. Beirne, if this application is approved, providing a sealed drawing would be a condition to be satisfied prior to the adoption of a Resolution. -Chairman Neuer then asked about the hours of operation. Mr. Reeves mentioned they are from 8AM-5:00PM for the office. operation. Board Questions: -Mr. I. Schwarzbaum asked how long the applicant has owned this property. Mr. Reeves answered about 40 years and they have been operating this business out of this facility. -Mr. Jerome Eben asked Mr. Reeves to explain the on-site vehicle circulation. Mr. Reeves responded by referencing a new exhibit for a dump truck circulation which was marked as Exhibit A3 (new exhibit for a dump truck) This is a dump truck circulation exhibit dated April 15, 2021. Tthe applicant has dump trucks to get deliveries of raw materials. Mr. Eben said that this is the first he is hearing that dump trucks will be parked inside the building. Mr. Reeves confirmed that this a main part of the application. -Mr. Eben referred to items #5 and #7 on Mr. Hess’ letter, dealing with the loading spaces and maneuvering. Mr. Eben asked for confirmation that there will not be deliveries by outside companies. Mr. Reeves responded in the affirmative. -Mr. Schkolnick asked Mr. Reeves if he believes there is a need for a formal loading space which is #5 on Mr. Hess’ April 7, 2021 letter. Mr. Reeves responded that he does not believe there is a need based on the operations. - Mr. Jerome Eben commented positively in regards to the attempt with the landscaping at the perimeter referencing the West Orange Zoning Ordinance with greenery every 10 parking spaces and he would like to see more landscaping, and suggested sliding spaces lightly to the left Mr. Reeves agreed that the applicant could do that as a condition. -Mr. Eben asked whether on-street parking is available. Mr. Reeves responded that he does not recall. He is aware that parking is not allowed on the northeast side. -Mr. I. Schwarzbaum asked if trucks are going to be able to get in and out without impacting the stalls for the cars? Mr. Reeves responded in the affirmative although he did not show each individual one. He stated that they are

f trucks are going to be able to get in and out without impacting the stalls for the cars? Mr. Reeves responded in the affirmative although he did not show each individual one. He stated that they are all able to make this the same K turn. -Chairman Neuer said in response to Mr. Schwarzbaum's concerns, the applicant does not have to demonstrate all five of them, but the concern is more on the North and the second one going into the building. PROFESSIONAL QUESTIONS -No questions from Mr. Hess or Mr. Grygiel. Public Questions: -Charles and Darlene Plaveczky (24 Central Place) asked about the dump trucks having maneuverability on the property in regards to storage bins (and not only dump trucks but also 40 foot yard containers which are pulled across the yard). Mr. Plaveczky told the Board that he did take a pictures of it, and Chairman Neuer encouraged hjm to send the photos to the Board