September 23, 2021 Regular Meeting

TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING September 23, 2021 8:00 P.M. The West Orange Zoning Board of Adjustment held a regular meeting on September 23, 2021 commencing 8:00PM utilizing the virtual Zoom platform. Chairman Phillip D. Neuer called the meeting to order at approximately 8:02PM. 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., Board Attorney read the opening statement. PRESENT Jerome Eben, Philip D. Neuer, Bart Quentzel, Jonathan Redwine (excused lateness with arrival of 8:14PM), Irv Schwarzbaum, Mark. Sussman, Alice Weiss ABSENT William Steinhart (excused), Peter Ricci (excused), Dr. Michael Straker (excused) 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 Future Meetings: October 21, 2021 (regular) November 18, 2021 (regular) December 16, 2021 (regular) e Chairman Neuer announced that application ZB 21-14/ 182 Watchung Avenue/ Paguay & Chuqui, that was scheduled to be heard at this meeting, has been carried over and adjourned to the Zoning Board regular meeting to be held on October 21, 2021 and that no further notice will be required.

MINUTES Adopt: May 20, 2021 Meeting Minutes Motion: I. Schwarzbaum Second: J. Eben Adopted Eben: Y Straker:(Alt. 4) - Quentzel: (Alt. 1): Y Sussman: (Alt. 3) Y Redwine: - Weiss: Y Ricci: - Chairman Neuer: Y Schwarzbaum: Y Steinhart: - Yes: 6 Adopt: June 17, 2021 Meeting Minutes Motion: M. Sussman Second: Chairman Neuer Adopted Eben: Y Straker:(Alt. 4) - Quentzel: (Alt. 1): Y Sussman: (Alt. 3) Y Redwine: - Weiss: - Ricci: - Chairman Neuer: Y Schwarzbaum: - Steinhart: - Yes: 4 NOTES: SWEARING IN Township Professionals, Paul Grygiel, Acting Planning Director for the Township and John Hess, Consulting Engineer for the Township were sworn under oath.

RESOLUTIONS 1. ZB 21-12 Sanchez-Nunez /35 Llewellyn Avenue (Approved 8/19/2021 Meeting) 35 Llewellyn Avenue Block: 113.02; Lot: 112 Applicant is requesting a C Variance with an exceptional situation for a waiver to garage construction. Motion: I. Schwarzbaum Second: J. Eben Adopted Eben: Y Straker:(Alt. 4) - Quentzel: (Alt. 1): Y Sussman: (Alt.3) 9 Y Redwine: - Weiss: Y Ricci: - Chairman Neuer: - Schwarzbaum: Y Steinhart: - Yes: 5 2. ZB 21-05 / Tamay 60 Cherry Street Block: 125.02; Lot: 100 e The Plans listed below were submitted as part of their approval at the 8/19/2021 Regular Meeting. Additional plans were needed to be submitted prior to the adoption of the Resolution. Blue Prints & Zoning Board Application 01-C-1-60-Cherry-St-REV-3-24X36 03-A-1-60-Cherry-St-REV3-24X36 05-A-3-60-Cherry-St-REV-3-24X36 06-A-4-60-Cherry-St-REV-3-24x36 60-Cherry-St-Blueprints-and-PB-ZBA (Approved 8/19/2021 Meeting) Motion: I. Schwarzbaum Second: B. Quentzel Adopted Eben: Straker:(Alt. 4) Quentzel: (Alt.1): Y Sussman: (Alt. 3) Redwine: Weiss: Ricci: Chairman Neuer: Y Schwarzbaum: Y

| _ Steinhart: Yes: APPLICATIONS 1. ZB 21-13 Panorama LLC — Chit Chat Diner 410 Eagle Rock Avenue Block 109 & 111; Lots 1.01 & 1.05 Amended preliminary & final site plan and parking variance approvals. EXHIBITS ibit A-1 (Existing Condition Plan- Colorized) it A-2 (Layout Plan - Colorized) Exhibit A-3 (Grading and Drainage Plan -Colorized) Exhibit A-4 (Lighting Plan - Colorized) PRESENTATION Mr. Robert Williams, Esq, Attorney for the Applicant, entered on the record. Chairman Neuer explained that he is recusing himself from the application due to a conflict of interest. At this point, Vice Chairman Schwarzbaum has the chair for this application. Mr. Williams said that this application is for an outdoor deck at the Chit Chat Diner. e Impact of the deck on number of patrons is nonexistent. e Due to COVID-19 and outdoor dining became prominent, the request was undeniable. e Mr. J. Michael Petry, (Engineer and Planner) entered on the record, was sworn under oath by Ms. Alice Beirne and accepted by Board as an expert in Engineering and Planning. e Mr. Petry presented and explained Exhibit A-1 (Existing Condition Plan- Colorized) e Mr. Petry presented and detailed Exhibit A-2 (Layout Plan - Colorized) e Deck/tent during COVID-19 took up lot of space and needed to create raised platform. e Mr. Petry presented and detailed Exhibit A-3 (Grading and Drainage Plan - Colorized) where there is no change in drainage. e Mr. Petry presented and detailed Exhibit A-4 (Lighting Plan - Colorized) where this plan showcases the addition of more seats. BOARD QUESTIONS/DISCUSSION e Vice Chairman Schwarzbaum asked about how the traffic flow is going to be. Mr. Petry answered that it will be an easternly two-way circulation with four spaces ¢ Vice Chairman followed up by asking if the underneath section of parking is going to have stoppers. Mr. Petry said that they are intending on using curbing. e Vice Chairman also asked the height of the deck. Mr. Petry answered that it is 7 feet but the Architect would be the best person to answer something of that nature. e Mr. Bart Quentzel asked about the fumes under the deck and what materials are being used as that could, in his opinion, “interfere with the customer’s dining experience”.

Mr. Petry said that the four spaces underneath the deck are going to be used for employees but he would like the architect to confirm that. e Mr. Jerry Eben asked if there was going to be signage for the employee parking. Mr. Petry said that they can agree to that. ° Mr. Eben followed up his question with asking about fire separation, where Mr. Petry deferred to the Architect for his answer. PUBLIC ADVOCATE QUESTIONS e Mr. Sarabraj Thapar, Esq. (Public Advocate) asked if someone could drive through the bottom of the deck because the flow doesn’t seem “workable”. Mr. Petry answered that a K turn would be necessary. © Mr. Thapar followed up by asking if safety precautions could be utilized. Mr. Petry said that for a drive aisle it just wouldn’t make sense. “You can see the four spaces, that’s why we didn’t count on that in the plans.” NO PROFESSIONAL QUESTIONS PUBLIC QUESTIONS e Ms. Palwasha Deftani (1043 Smith Manor Boulevard) asked how secure the deck is. Mr. Petry confirmed that the deck with retractable canopy is secure. e Ms. Deftani said that in reference to privacy, she is not comfortable with proximity and the possibility of people littering from the cliff. She also wanted to know what steps are being taken to ensure that is not going to happen. Mr. Petry said that the edge of the deck is 75 feet from the cliff with the closest property being 750 feet away which is comparable to two (2) football fields so doesn’t see how that is possible. e Mr. Christian Wypasek (1020 Smith Manor Boulevard) asked about the HOA boundary lawsuit and how does the site plan provide vegetation screening. Mr. Williams objected to the question and testified that his office has never been contacted with complaints or violations. Ms. Beirne added that the agreement is not the matter to bring before this Board. e Mr. Wypasek then asked about screening. Mr. Petry said that screening is not part of this application. e Inresponse to this, Vice Chairman Schwarzbaum asked Mr. Paul Grygiel about separations with ordinances but Mr. Grygiel confirmed that this application only deals with parking. e Ms. Kate Distasio (1010 Smith Manor Boulevard) asked about the height impact and if the structure is higher than the existing building. Mr. Petry said that question is better suited for the Architect. e Ms. Emily Jones (1094 Smith Manor Boulevard) asked about the

eight impact and if the structure is higher than the existing building. Mr. Petry said that question is better suited for the Architect. e Ms. Emily Jones (1094 Smith Manor Boulevard) asked about the noise/light ordinances. Mr. Petry answered that light will have reduced glare and spillage but it would be more appropriate for the Operator/Owner to answer in regards to noise. e Ms. Joyce Rudin (38 Woodland Avenue) asked if no outdoor seating would parking be lowered? Mr. Petry answered in the affirmative. e Ms. Rudin then followed up by asking if saving those three spaces would there be a light issue. Mr. Petry said that he disagrees and this application proposes three (3) fixtures lower in height where no one at the bottom of the hill will be able to see. e Ms. Rudin asked about how COVID came into play. Mr. Petry responded that the applicant is considering COVID as result of the burdens to stay in business.

e Mr. Christian Wypasek (1020 Smith Manor Boulevard) asked if there are changes in the works for additional lighting and if the deck would have lighting. Mr. Petry answered that there is nothing besides the center and confirmed that the deck will have lighting. e Ms. Palwasha Defiani (1043 Smith Manor Boulevard) asked if there will be a generator on the premises. Mr. Petry deferred to the Operator/Owner. e¢ Mr. John Jackson (1016 Smith Manor Boulevard) asked about the light fixtures and if outdoor speakers are being proposed for the new designs. Mr. Petry said that outdoor speakers haven’t been brought up and deferred to the Operator/Owner. PRESENTATION e Mr. Mark Blasch, Architect entered on the record, was sworn under oath by Ms. Alice Beirne, Esq and accepted as an expert in Architecture. e Mr. Blasch explained that the deck is proposed with a handicapped lift (depending on the space below) and will withstand hurricane type weather, fire rated steel/ concrete structure and slip proof outdoor tile. Lighting will be LED task lighting for the walkways and tables. Diner addition will be three (3) feet lower than the actual building with, at the present moment, no sound system. BOARD QUESTIONS/DISCUSSION e Vice Chairman Schwarzbaum asked about the height of the addition. Mr. Blasch answered that it is 29 feet from the peak of the building. e Vice Chairman Schwarzbaum asked about the dimensions of the steps. Mr. Blasch answered that they are 5 feet 3 inches and stairs are four feet clear railing to railing. e Vice Chairman Schwarzbaum asked if there was no lift, would this site remain handicap accessible. Mr. Blasch explained that only with the lift would they stay compliant. e Vice Chairman asked if the lift was to be located in the parking area. Mr. Blasch responded that it all depends on the detail with the column. e Vice Chairman asked if deliveries will be taking place. Mr. Blasch deferred to the Operator/Owner but said that he doesn’t see any difference from how they handle deliveries now with a chute to the basement. e Mr. Jerry Eben asked in regards to the dimensions of stairways between the lift gate. Mr. Blasch said that the dimensions are five (5) feet by six (6) inches even though five (5) feet is required by code. e Mr. Eben followed up by asking about the occupancy in regards to the bathroom facilities. Mr. Blasch advised Mr. Eben

five (5) feet by six (6) inches even though five (5) feet is required by code. e Mr. Eben followed up by asking about the occupancy in regards to the bathroom facilities. Mr. Blasch advised Mr. Eben that this property is good in that aspect until they hit the 300 mark of occupancy. e Mrs. Alice Weiss remarked that we are going to extremes for three parking spaces. She asked if it would be better to find parking in the spaces elsewhere (i.e. Eagle Rock Bowling Alley). Mr. Williams said that it could be possible. e Mr. Bart Quentzel asked about the back door height and Mr. Blasch said that the stairs presently exist. e Mr. Quentzel followed up by asking what the chances are in making it flush against the building. Mr. Blasch said that it would make wait staff happy but would take seats away from the actual Diner. NO PROFESSIONAL QUESTIONS

BREAK 9:35- 9:45PM -Application ZB 21-13 Panorama, LLC/Chit Chat is Carried to October 21, 2021 Regular Meeting. No further notice required. 2. ZB -21-04/ CSH Development LLC (Carried from 8/19/2021) Block: 152.22; Lot 1; Zone B-2 609 Eagle Rock Avenue rm Seeking “c” and “d” variances for development of an assisted living facility. PRESENTATION Mr. Robert Podvey, Esq. Attorney for the Applicant entered on the record On the record, it was stated by Mr. Podvey that Mr. Jerry Eben is recused from voting on this application. Chairman Neuer let Mr. Podvey know that there are six (6) voting Board members present to which Mr. Podvey agreed to proceed. Mr. Podvey said that originally at the August 19, 2021 meeting, CSH was put on the October 21, 2021 agenda. After speaking with the Chairman, the application was carried to the September 23, 2021 Meeting (which was re-noticed). Chairman Neuer noted for the record that any Board Member that was absent from any of the prior meetings for this application, have listened to those meetings and supplied affidavits. On September 23, 2021 Leonard Lepore called applicant to set up a meeting with Essex County for the sewer line. e Inresponse to questions for Mr. McElwee, the Professional Planner supplied a response on the record. Mr. Ed Snieckus, Planner for the applicant, entered on the record and was sworn under oath. His credentials were given and accepted as an expert Professional Planner by the Board. Mr. Snieckus referenced letter dated March 10, 2021, where he has made two site visits. He has also reviewed Ordinances and the Master Plan to provide the foundation and gave summarization of previous testimony about the property. Mr. Snieckus explained in detail the Existing Conditions and Zoning Analysis (dated September 20, 2021) e With photos of the property and area structures (especially those three floors) e Three (3) story 185 bed assisted living qualifies as a use variance and seeking license from Human Services certification. e Mr. Snieckus testified that the adjacent area is is a three (3) foot residential buffer; with a 50 car parking quantity measuring .5 foot per dwelling; with parking in the front yard; height of retaining walls; design waivers; preserve trees In Mr. Snieckus’ analysis he utilized Master Plans dated 1989 and 2019 According to Mr. Snieckus’ research he discovered that Alzheimer’s

d; height of retaining walls; design waivers; preserve trees In Mr. Snieckus’ analysis he utilized Master Plans dated 1989 and 2019 According to Mr. Snieckus’ research he discovered that Alzheimer’s care is growing and senior care is planning to grow to 85%. Will adhere to screening features and parapets on the roof with a Residential buffer.