Minutes · Aug 11, 2021
August 11, 2021 Adopted Planning Board Minutes
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TOWNSHIP OF WEST ORANGE PLANNING BOARD REGULAR MEETING MEETING MINUTES August 11, 2021 The Township of West Orange Planning Board held its regular meeting on August 11, 2021 at 7:30 P.M. via virtual ZOOM videoconference. Chairman Bagoff called the meeting to order at approximately 7:30 P.M. He announced that notification of the meeting was given to the Township Clerk, and posted on the Township Bulletin Board, sent to the West Orange Chronicle and the Star Ledger, and posted on the Township’s website calendar. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act. No new matters will start after 10:30 P.M. PLEDGE OF ALLEGIANCE e Chairman Bagoff requested all persons stand for the Pledge of Allegiance. ANNOUNCEMENTS e The next Planning Board regular meeting will be September 1, 2021 at 7:30 P.M. on the ZOOM platform. ROLL CALL PRESENT: Dr. Robert Bagoff; Mr. Jerry Guarino Mr. Lee Klein; Mr. John McNair; Mr. William Wilkes; Councilwoman Susan McCartney; Mr. Peter Smeraldo; Mr. Andrew Trenk ABSENT: Mr. John MeNair ALSO PRESENT: Kenneth D. McPherson III, Esq., Attorney; Paul Grygiel, Town Planner; John Hess, Town Engineer; Diana L. Chandler, Acting Planning Board Secretary SWEARING IN: e Mr. Grygiel and Mr. Hess were sworn in by Mr. McPherson. APPLICATIONS 1) PB 21-06 Montclair Golf Club/ 25 Prospect Avenue Block: 151; Lot: 1,5,7,11,14,15.01,23,34,37,41,45.01 &49; Zone: R-2 Seeking an Amendment to the Site Plan. PRESENTATION -Mr. Robert Gaccione entered on the record for applicant and explained that in 2020 Preliminary were granted including was a fence seeking extension of netting of 140 feet.
-Mr. Roger Bacon, General Manager of Montclair Golf Club was sworn in by Mr. McPherson. -Mr. Bacon explained that review of the netting install is not reaching past the pool. While temporary measures have been taken (altered teeing area, many alternatives, but nothing permanment) -Chairman Bagoff asked if the golf balls are ending up in the pool. Mr. Bacon answered in the negative. -Mr. Timothy Derrick, Engineer was sworn in by Mr. McPherson and was qualified by the Board. -Mr. Derrick testified that additionally along netting 140 feet would require two additional poles and would reduce danger of golf balls despite the violation. This is strictly a safety issue. BOARD QUESTIONS -Mr. Lee Klein asked if this is a need to protect residents from stray balls. Mr. Derrick answered that to his knowledge it is only to protect those in the pool facility. -Councilwoman Susan McCartney asked what the difference between this and a baseball field for safety. Mr. Derrick answered that the proposed fencing wasn’t to height and that is why they are reappearing. -Mr. Lee Klein asked how many feet in would this netting go? Mr. Derrick responded that it’s 400 ft for 100. -Mr. Lee Klein asked what color the netting would be. Mr. Derrick responded that it’s going to be black. -Mr. Lee Klein asked if Mr. Derrick has ever been hit in the head with a golf ball. He answered in the negative. NO QUESTIONS FROM PROFESSIONALS PUBLIC QUESTIONS -Ms. Sally Malanga (Ridge Road) asked how applicant can relieve the eyesore of the fence. Mr. Derrick said that proposed landscaping will grow in but unsure if he is the right person to be answering, his belief is that what will be planted will be high enough. Mr. Klein reiterated what Mr. Derrick sdid that it’s “pool, field, then the netting.” Chairman Bagoff also said in confirmatioti that it séets saféty related not for beautification. -Ms. Joyce Rudin (Woodland Avenue) asked if there is any altetnative to the fencing. Mr. Derrick said other than redesigning the golf course, no. -Ms. Joyce Rudin (Woodland Avenue) asked what the balance is to fencing as she believes its “Not for residents but for the members”. Mr. Derrick said that it is part of the original approval. -Ms. Judith Rosenthal (97 Main Street, Millburn) if there is an alternative to golf course redesign “Land gives ability to move hole”. Mr. Derrick said at this time
t is part of the original approval. -Ms. Judith Rosenthal (97 Main Street, Millburn) if there is an alternative to golf course redesign “Land gives ability to move hole”. Mr. Derrick said at this time that is not part of the application.
PUBLIC COMMENTS -Ms. Joyce Rudin (Woodland Avenue) urged the Board not to approve as there are other options to be considered. Doesn’t think this is a fair application since it’s for their own members not residents. Urged applicant to “put back what you took away” in regards to the trees and landscaping taken down. -Ms. Sally Malanga (Ridge Road) wanted to let the applicant know how that they are “not being a good neighbor” because of how bad this property looks. - Mr. Kevin Malanga (Ridge Road) wanted to let the Board and applicant know that this is a self-imposed hardship and in his opinion shouldn’t be approved because it is their own fault. SUMMATION/DISCUSSION -Mr. Gaccione said that the application benefits outweigh the liability and that the applicant has replaced the trees cut down. This application is strictly just an extension of the previous approved fencing. - Chairman Bagoff asked if a Landscape Architect has been utilized. Mr. Bacon answered no not at this time has one been hired. - Mr. Guarino asked if there was at any time greenery requested to stay in the original area. Mr. Derrick answered nothing was originally there. Motion: Chairman Bagoff Second: Mr. Wilkes APPROVED Bagoff: ¥ Smeraldo: Y Guarino: ¥ Trenk: Y Klein: Y Wilkes: Y McCartney: Y McNair: Absent yes; 7 absent 1 Conditions:
2) PB-21-05 / 515 Valley Road/Valley Arts Dental Block: Lot: Zone: 515 Valley Road Seeking C1, C2 Variances, and Site Plan Approval (Preliminary and Final with variances) PRESENTATION -Mr. John Dusinberre, Esq entered on the record for Site Plan approval at the “T” intersect. Variance and Ordinance in Zone. No parking variance needed, but lot coverage is as driveway width is 16 ft. as opposed to the 24 ft. in the Ordinance. -Dr. Michael Klausner (Applicant/Owner of Valley Arts Dental) sworn in by Mr. McPherson. He is the sole owner of the practice since 2020 and this was an existing practice purchased/built by initial dentist in the 1970s. Staffing includes 2 dentists, 2 hygenists, and office staff. There is parking in the rear but not all drive/park on the grounds. -Expansion of this property would give following benefits: Staffing (additional assistant and break room), 3-5 treatment rooms, consultation room, and help serve patients better. -Originally a second story was the idea but realized that by doing so there was no increase in usable square feet. BOARD QUESTIONS -Mr. Peter Smeraldo asked if expanding the office how will staffing deal with the overflow. Dr. Klausner said the efficiency to clean, sterilize for patients, keeping staff same but for overflow doubt will need street parking as may patients come together as families. -Councilwoman McCartney wanted to let Dr. Klausner know that parking is tight but to keep in mind that Central Ave has a lot with 22 spaces for public parking. -Mr. Lee Klein wanted to let Dr. Klausner know that if office is telling people to park on the street, he needs to adhere to the street/trdffic laws. PUBLIC QUESTIONS -Ms. Megan Brill, Downtown West Orange Alliance wanted to let the Board know of her approval for this application. -Mr. Anthony Marucci, Engineer & Planner was sworn in by Mr. McPherson and was accepted by Board. He advised the Board that the plans originated by the Architect who cannot appear due to scheduling. -Mr. Marucci explained in regards to Mr. Hess’ letter 1) Meets all zone and setback criteria required 2) Existing Condition — It is a small one story building opening up to parkitig in the rear and slopes down towards Valley Road; one constraint was the steps so there is no handicap access. 4) Grading and Drainage Plan — Proposed condition into drywall system in terms of runoff. 6)
the rear and slopes down towards Valley Road; one constraint was the steps so there is no handicap access. 4) Grading and Drainage Plan — Proposed condition into drywall system in terms of runoff. 6) Lighting & Landscaping — lights shielded for neighboring properties. In agreement with Mr. Hess’ report for walk landscaping to buffer parking lot. Five (5) trees were taken down and in his opinion not healthy. They are replacing one of them.
-Mr. Marucci explained in regards to Mr. Grygiel’s memo that he 100% agrees that there is no need for parking, but need for coverage. (Traffic poll in way; Signage- only one permitted but logo on roof) -Mr. Marucci explained in regards to Mr. Hess’ August 5, 2021 letter that: there is no need for a dumpster (trash enclosure minor), no free standing signs; trees will be removed only upon application after approval of this application; Driveway has 16 feet curb that will require a 18ft curb cut and a traffic signal; low retaining wall and wheel stop (which can be a condition); parking 2 ft behind curb; 6 feet concrete sidewalk apron; an increase of coverage; Recharge rationale not major acre but if Mr. Marucci said if Mr. Hess feels more can be addressed, and drywells can be discussed as well. -Mr. Marucci believes that the C2 Variances criteria benefits outweigh the negative. The use benefits local public that the lot coverage will be medigated by storm water coverage. -Chairman Bagoff advised that Amalgam waste suction units and x-ray usage by State of NJ need to be installed and inspected prior to use. BOARD QUESTIONS -Mr. Jerry Guarino asked if patients will be made aware not to park in Krauser parking lot. Dr. Klausner answered and agreed that most of patients are aware already but will advise accordingly. -Mr. Lee Klein asked if lighting on the site will remain the same. Mr. Marucci said he was unsure as he did not do the field work. Dr. Klausner answered in the affirmative and that the lighting was approved. -Mr. Lee Klein asked about parking and if the lot has been striped. Dr Klausner said nothing has been striped. -Mr. Lee Klein asked if a car is entering the lot, can it be seen in the distance while in the lot. Dr. Klausnet ahswered in the affirmative. -Mr. Lee Klein asked where the generator for the business is. Dr. Klausner answered that it is on the rooftop. -Mr. Lee Klein asked where the chimney is if the generator is on the roof. Mr. Marucci deferred to Architect. -Chairman Bugoff asked for cotifirmation in regards to gatbage. Mr. Marucci answered that there are two cans in a fenced structure. -Mr. Peter Smeraldo asked what kind and how they intend to secure the gases on the property. Dr. Klausner answered that they are required to have rescue gas and nitrous oxide for procedures and are secured by valves. -Councilwoman McCartney
ow they intend to secure the gases on the property. Dr. Klausner answered that they are required to have rescue gas and nitrous oxide for procedures and are secured by valves. -Councilwoman McCartney requested that for cars exiting Valley Road to utilize striping. Mr Marucci said that he proposes striping since there appears no need for a Stop sign since there never has been one there. PROFESSIONALS QUESTIONS -No questions from Mr. Hess. -No questions from Mr. Grygiel. But wanted to just state that this is a short building that is moderately signed. NO PUBLIC QUESTIONS/COMMENTS
Motion: Mr. Klein Second: Councilwoman McCartney APPROVED /MOTION CARRIES Bagoff: Y Smeraldo: Y Guarino: 4 Trenk: Y Klein: Y Wilkes: Y McCartney: Y MeNair: Absent yes; absent Conditions: - Councilwoman McCartney voted “Yes” as long as applicant talks to CME (Mr. Hess) about tree removal. COURTESY REVIEW PB-21-07C 560 Northfield Avenue Block: 163; Lot: 1; Zone: R-1 Turtle Back Zoo Asian Exhibit Expansion PRESENTATION -Mr. Mark Fleder Esq. entered on the record on behdlf of the applicant. -Mr. McPherson explained what a courtesy review is in conjunction to the Master Plan and the Planning Board is not to approve or dissuade application. -Mr. Michael Piga, Landscape Architect/Project Manager was involved in the Design of Plan/Landscape. General nature of the project to replace in same location and discussed specifics of applications for exhibit. BOARD QUESTIONS -Mr. Guarino asked if the only the building was expanding. Mr. Piga responded in the affirmative. -Mr. Guarino asked if they were adding trees/landscaping. Mr. Piga responded in the affirmative. -Mr. Guarino asked about water management and if there is a chance to reuse water. Mr. Piga answered that the water will be collected and dispensed, but there is no chance to reuse water. -Mr. Klein asked what year of the Master Plan they are using and whether it is a draft or final version. Mr. Piga said it is a draft of 2019 Master Plan. -Mr. Klein asked if there will be a change in the animals for the exhibit. Mr. Piga answered in the negative.
-Mr. Klein asked if there were any limits to the growth of the zoo. Mr. Piga answered in the negative and Mr. Fleder explained that the Master Plan is unrelated to Application in the long term. -Mr. Klein asked if the county can assure the boundary to anything outside the service road. Mr. Piga answered in the negative that the Master Plan is revised improvements. “No legal boundary as long as part of the Reservation.” -Councilwoman McCartney asked if the staircase/steps are AZA compliant. Mr. Piga answered in the affirmative. -Mr. Smeraldo wanted to put a comment on the record that he is confident that the Zoo and all professionals will do right by West Orange. PROFESSIONALS QUESTIONS -Mr. Hess asked for clarification in regards to the plans and what the dotted line in the lawn area is. Mr. Piga confirmed that it is the existing sanitary area. -No questions from Mr, Grygiel. PUBLIC QUESTIONS -Ms. Judith Rosenthal (97 Main Street, Millburn) asked about the designated areas of the 12 trees being taken down. (ie Are there wetlands in the area? Is there swamp cabbage?) Mr. Piga answered in the negative. -Ms. Judith Rosenthal (97 Main Street, Millburn) asked if Mr. Piga knew the “range” of a Red Panda. Mr. Piga answered in the negative but will work with the guidelines AZA require. -Mr. Robert Rashkes (35 Oak Crest Road) asked about benches and whether they will have backs. Mr. Piga said the benches will not have backs just arms and legs. -Mr. Robert Rashkes (35 Oak Crest Road) asked if there will be yellow jacket receptacles to attract. Mr. Piga said no. -Mr. Phillip Schweiger (14 Davey Way) asked that since 12 trees will be removed, if fence line would be moved. Mr. Piga answered in the negative. -Ms. Catherine Tamasik () asked about the amount of trees being cut down. Mr. Piga answered that 12 will be cut down. -Ms. Catherine Tamasik () asked about the amount of trees being saved and Mr. Piga answered that 18 new trees will be saved. - Ms. Catherine Tamasik () asked what the purpose of the larger building is. Mr. Piga answered that it’s not just a renovation to an existing exhibit. -Mr. Jerry Eben (26 Walker Road) asked what we do with traffic in regards to this new exhibit. Mr. Piga answered that this exhibit will not increase attendance at zoo. -Mr. Jerry Eben (26 Walker Road) asked what is happening to protect the trees/landscaping?
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