October 5, 2011

TOWNSHIP OF WEST ORANGE PLANNING BOARD MINUTES October 5, 2011 The Township of West Orange Planning Board held a regular meeting on October 5, 2011 at 8:00 P.M., in Council Chambers, 66 Main Street. Chairman Bagoff 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 posted on the Township Bulletin Board on January £3, 2011 in accordance with the requirements of the “Open Public Meetings Act”, PRESENT: Chairman Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland (8:05 P.M.}, Vice Chairman Ben Heller, Lee Klein (8:37 P.M), Councilwoman Susan McCartney, Ron Weston ABSENT: Jason Lester, William Wilkes ALSO PRESENT: Susan Borg, AICP, PP, ATA, Planning Director Debbie Dillon Audio Transcription Service, ALC Patrick Dwyer, Esq., Board Attorney Robin Miller, Board Secretary ROLE CALL Chairman Bagoff, Joanne Carlucci, Jerome Eben, Tekeste Ghebremicael, Gerald Gurland, Vice Chairman Ben Heller, Lee Klein, Jason Lester, Councilwoman Susan McCartney, Chairman Ron Weston, William Wilkes, ADOPT MINUTES The minutes of the September 14, 2011 Planning Board mecting were unanimously adopted. ANNOUNCEMENTS The next regular Planning Board meeting will be held on November 9, 2011 in Council Chambers at 8:00 P.M. SWEARING IN Director Borg was sworn in. RESOLUTIONS PB-11-16/Montelair Golf Club Block: 151; Lot(s): 1, 5,7, 11, 14, 15.01, 23, 34, 37, 41, 45.01, 49; Zone: R-2 25 Prospect Avenue Preliminary and final amended site plan with a variance for number of required parking spaces. DISCUSSION Addressing the Board, Director Borg read an email she received from Township Engineer Leonard Lepore dated October 5, 2011. In the email, Director Lepore wrote that on September 29, 2011 he met with George Derrick at the Montclair Golf Club to identify areas of the club along the riparian buffer of the NAPLANNING BROWEPAMINUTES201 1UMS-1! Draft Mimutertau/EIO/20BESTIS AM

Peckinan River that could be used to plant trees as compensation for trees being removed to make drainage improvements along a tributary of the Peckman River. One criteria that Mr, Derrick stressed was that any plauting had to be outside the area of play for any hole on the course. Director Lepore and Mr, Derrick were able to identify three areas within the Club where trees could be planted. Director Lepore also wrote that The Township was looking at a compensation area of up to 7,327 square feet. If that could not be achieved a lesser area would be fine. Director Lepore wrote that he read the resolution and suggested that regarding Condition 10 of the resolution, instead of the words "in permitting" in the second line, the words “to allow" may be less onerous. Also in the fourth line when referring to 7,237 sq. ft., it would be fine to state the area to be located outside the area of play for any hole. Chairman Bagoff asked the Board for if they had any comments regarding the resolution. The Board had no comments. Mr, Dwyer advised the Board that after discussing the draft resolution with Robert Williams, Montelair Golf Club’s attorney, the following changes had been made to the resolution: © Page 2, item 3: to read “a 36 hole golf course” change from “18 hole golf course”; ¢ Page 2, item 4: to read “...addition to clubhouse will add approximately 1,336 sq. ft...” change from “.,.addition to clubhouse will add approximately 1,235 sq. ft...” * Page 2, item 4, section (iii): to read “.., Donald Ross Room (256 sq. ft.)” change from “.,.Donald Ross Room (220 sq. ft.) ° Page 2, item 4, section (v) to read: “...existing bathrooms (190 sq. ft.)” change from “..,existing bathrooms (125 sq. ft.)” * Page 2, item 7, to read: “30 additional spaces” change from “28 additional spaces” * Page 3, condition 1, to read: “,. approvals and/or regulatory permits.” change from “...approvals and/or permits.” * Page 4, condition 10, last sentence to read: “All such plantings shall be outside the area of play for any golf hole i.e. outside the fairway and rough, and the location shall be subject to the review of the Township Engineer.” The Board voted on the resolution as follows: Motion; Vice Chairman Heller Second: Mr. Ghebremicael Carhicci Y Eben Y Ghebremicael Y Gurland Y Heller Y Klein - Lester - McCartney Y Wilkes - Weston - Bagoff - APPOINTMENT TO REDEVELOPMENT

ollows: Motion; Vice Chairman Heller Second: Mr. Ghebremicael Carhicci Y Eben Y Ghebremicael Y Gurland Y Heller Y Klein - Lester - McCartney Y Wilkes - Weston - Bagoff - APPOINTMENT TO REDEVELOPMENT COMMITTEE BY CHAIRMAN Chairman Bagoff announced the appointment of Ron Weston to the Redevelopment Comunittee. PRESENTATION Chairman Bagoff told the Board that over the next yoar, various experts would share their expertise on Planning Board issues. Director Borg and Patrick Dwyer would be sharing their expertise at tonight’s meeting. Chairman Bagoff said that Director Borg would explain the Planning Board and its functions, For the Board’s reterence, Director Borg had prepared and distributed handouts: “What is the Planning Board and what does it do?”, and “Information for New Zoning Board Members.” (See attached Exhibit A). Director Borg gave her presentation. There was a brief question and answer session between Director Borg NAPLANNING.RRDWPASINUTESI01NIG-5-11 Draft Mlautes.doe/t WIM2011001:57:15 AAT

and the Board at the conclusion of the presentation. Chairman Bagoff asked Mr. Dwyer to begin his presentation. Mr. Dwyer distributed a handout for the Board’s reference: “Title 40 Municipalities and Counties 40:55D-70 Powers.” (See attached Exhibit B). Mr. Dwyer gave his presentation. At the conclusion of his presentation, there was a brief question and answer session between Mr. Dwyer and the Board. ‘The Board discussed topics they would like covered at upcoming presentations. MEETING ADJOURNED at approximately 9:11 P.M. Minutes adopted November 9, 2011 = Robin Miller, Planning Board Secretary **THE NEXT REGULAR MEETING OF THE PLANNING BOARD WILL BE DECEMBER 7, 2011 AT 8:00 P.M. IN COUNCIL CHAMBERS ** AAPLANNING BRDUWPMINU TES 201110-5-11 Draft Minutes dee! EIIM2OUN ESTAS AAT

Ey { bit A What is the Planning Board and what does it do? The Planning Board functions under the authority of the Municipal Land Use Law of New Jersey. The Planning Board is authorized to exercise power regarding: Adoption of a master plan; Subdivision and site plan review for permitted uses; Conditional use applications; Recommendations as to the zoning ordinance or amendments; Redevelopment plan; : “C” Variances; Housing element plan (COAH). When making decisions, the Board must take into consideration the Township Master Plan, as well as the New Jersey Municipal Land Use Law and case law. In addition, the Planning Board may grant a “C” variance (deviation from a bulk standard) when it is part of an application, while a “I” (use or density) variance may only be granted by the Zoning Board.

INFORMATION FOR NEW ZONING BOARD MEMBERS 1 What is the Zoning Board and what does it-do? Primaty respanisibility oP the Z, the Zoning Board, ‘is to heat and votg 1; for 2 appli “the Zoning J ‘Board reviéws and apptoves or denies site ee Other powers ofthe Bédrd'aré'to Héar and decid eals of tiv: fhicer, ‘such as fhe Zoning Officer or t Plane and ‘ort ice.” of the zoning « ordinance. o. significant. f Hnpact or the Zz The criteria which should be applied when- making‘a decision on a “c" variance and a "d" variance, taking into decount the Municipal Land Use Law and case law, is as follows:

~"C" Variance , There are two kinds of "c” variances, called c-1 and c-2. Both must apply to a specific piece of property. A c-l variance is sometimes called the hardship variance. The applicant must prove hardship as outlined in the Municipal Land Use Law at 40:55D-70c(1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or or physical features uniquely ee ae specific Piece of = piece a praperty or the structures lawfully existing thereon, the strict application of any regulation pursuant to article 8 of this act [40:55D-62 et seq.] would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship ie developer of, such property, grant, upon an application or an appeal [0 such } ‘property, a Variance from such strict application of such regulation elieve such difficulties or hardship; A judge explained, in'a case, what he felt should be considered. when deciding hardship. He said, “whether the restriction, viewing the property in the setting of its environment, is so.unreasonable as to constitute an arbitrary and capricious interference with the basic right-of private property.” If hardship is not proven, the applicant is not entitled to a variance. If hardship is proven, the applicant must also show that such relief from the zoning ordinance will not be substantially detrimental to the public good and will not substantially impair the intent and purpose of the zone plan ‘and zoning ordinance. This second criteria is called the negative criteria. Proof.of hardship is not-necessary-for-a ¢-2 variance (see 40:55D-70c(2)). Two things must be proven.to receive approval fora c-2, An applicant must show that the purposes of the Municipal .Land-Use Law.(40:55D-2) would be advanced by a deviation from the, zoning ordinance requirement and secondly, that-the variance can be granted without substantial detriment to the public good: and without substantial impairment of the:intent and purpose 6f the zone pian and zoning ordinance-(négative criteria). The purposes of the Municipal Land Use Law (40:55D-2) are: a ‘To encourage municipal action | to guide the appropriate ‘use or development of all Jands in this State, in a manner which will promote the public health, safety, morals, and general welfare} b. - To secure

urage municipal action | to guide the appropriate ‘use or development of all Jands in this State, in a manner which will promote the public health, safety, morals, and general welfare} b. - To secure safety fromi fire, flood, panic and other natyral and manmade disasters; To provide adequate light, air and open space; --: To ensure that the development of individual municipalities does not conflict with | the development ‘and general welfare of neighboring municipalities, the county and the State as a whole; e. To promote the establishnient of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, pp

communities and regions and preservation of the environment, f To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies; g To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the:needs of all New Jersey citizens; Lh To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight; : - ° i, To piomote‘a desirable visual environment through creative devélopment + technignes and good civic design and arrangements; : ate ahr nach COMO the conse istori | dis -open-space,-énergy . and degradation of the environment through improper use of land; k. To encourage planned unit developments which incorporate the best features of design and relate the’ type, design and-Jayout of residential, commercial, industrial and recreational, deyelopment, of the particulaf site; » i 1 To encourage senior-citizen: community housin struction, m. To éncourage coordination of the various i and private procedures and activities shaping land development with’a view of lessening the cost of such development and to the more efficient use of land; n. To proihote utilization ‘of renewable enérpy'resources; and oO. To promote:the maximum practicable recovery and-recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs. - "D" Variance There are five-times when an applicant must ask for a "d" variance. In these cases, proof by the appliéatit is’ éspecially important bécduse a:réquest for a “d” variance is a request to use property in a way contrary to the West Orange zoning plan and should not be takén lightly. A “d” variance will only be granted by affirmative vote of at least five members. ~~ As listéd below, the five instances for granting a "d" varlahce are enumerated in the Municipal Land Use Law at 40:55D-70d. The Board shall have the power to: [ijn particular cases and for special reasons, grant a variance to allow

ces for granting a "d" varlahce are enumerated in the Municipal Land Use Law at 40:55D-70d. The Board shall have the power to: [ijn particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to article 8 of this act-to permit Li ¢3) a use or principal structure in a district restricted against such use or principal structure, (2) ah expansion of a nonconforming use, . QB) deviation from a specification or standard pursuant to section 54 of P.L,. 1975, ¢. 291 (C. 40:55D-67) pertaining solely to a conditional use, (4) ari increase ‘in the perniitted floor area ratio as defined in section 3.1 of P.L. 1975, c. 291 (C. 40:55D-4), va : (5) an increase in the permitted density as defined in section 3.1 of P.L. 1975, c. 291 (c.40:55D- 4) except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision.