November 18, 2021 Regular Meeting

TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING November 18, 2021 8:00 P.M. The West Orange Zoning Board of Adjustment held a regular meeting on November 18, 2021 commencing 8:00PM utilizing the virtual Zoom platform. Vice Chairman Irv Schwarzbaum 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.” Vice Chairman Schwarzbaum asked everyone to stand for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney read the opening statement. PRESENT Jerome Eben (8:30 arrival), Jonathan Redwine, Irv Schwarzbaum, William Steinhart, Dr. Michael Straker, Alice Weiss Peter Ricci (excused) Philip D. Neuer (excused) Bart Quentzel (excused) Mark. Sussman (excused) John Hess, Consulting Engineer for the Township Also Present: Paul Grygiel, Acting Planning Director for Township Alice Beirne, Esq. Board Attorney Diana L. Chandler, Acting Board Secretary Sarabraj J. Thapar, Esq., Public Advocate

ANNOUNCEMENTS e Future Meetings: December 16, 2021 (regular) e ZB 20-14 E&J Masonry is being carried without notice to the regular meeting of January 20, 2022. ¢ ZB-21-08/Main West Orange LLC is being carried without notice to the regular meeting of January 20, 2022. SWEARING IN Mr. Paul Grygiel, Consulting Planning Director for the Township was sworn under oath. RESOLUTIONS ADOPT 2022 MEETING SCHEDULE Motion: I. Schwarzbaum Second: W. Steinhart ADOPTED Eben: - Straker:(Alt. 4) Yes Quentzel: (Alt. 1): - Sussman: (Alt. 3) - Redwine: Yes Weiss: Yes Ricci: - Chairman Neuer: - Schwarzbaum: Yes Steinhart: Yes Yes:

ZB 21-16/Reichman (12 Moore Terrace) Block: 148.05; Lot: 48; Zone: 48 12 Moore Terrace (Approved 10/21/2021 Meeting) Seeking “C” Variances for coverage and accessory use setbacks. Motion: A. Weiss Second: W. Steinhart ADOPTED Eben: - Straker:(Alt. 4) Yes Quentzel: (Alt. 1): - Sussman: (Alt. 3) - Redwine: Yes Weiss: Yes Ricci: - Chairman Neuer: - Schwarzbaum: > Steinhart: Yes Yes: ZB 21-17 Trusca/DoPrado (36 Gregory Avenue) Block: 77; Lot: 7 36 Gregory Avenue Seeking Cl Variance for final site plan approval with variance. (Approved 10/21/2021 Meeting) Motion: A. Weiss Second: W. Steinhart ADOPTED Eben: - Straker:(Alt. 4) Yes Quentzel: (Alt. 1): - Sussman: (Alt. 3) - Redwine: Yes Weiss: Yes Ricci: - Chairman Neuer: Yes Schwarzbaum: 7 Steinhart: - Yes:

APPLICATIONS 1. ZB 21-13 Panorama LLC — Chit Chat Diner (Carried from 9/23/2021 Meeting) 410 Eagle Rock Avenue Block 109 & 111; Lots 1.01 & 1.05 Applicant proposes to add rear deck to existing restaurant with an Amended Site Plan and C1 and C2 variances. Presentation - Mr. Robert Williams, Esq., Attorney for the Applicant, entered on the record and summarized previous testimony from Mr. J. Michael Petry and Mr. Mark Blasch. He also discussed the parking condition which additionally burdens applicant and that after the September 23, 2021 regular meeting, the applicant is prepared to lower deck two (2) feet to accommodate regular vehicles only to be used by employees (in shifts) - Mr. Mark Blasch, Architect was sworn under oath and was previously accepted as an expert in the field of architecture. He explained that the original drawing was redesigned to residential garage height and with the location won’t disrupt deliveries from method now. Deliveries will be done with a side door and chute o Referenced Rendering 24-9 with four (4) less steps going up; doesn’t change anything but bringing down in height. - Mr. Williams said that Mr. Petry will be testifying in regards to new lighting plan. Board Questions - J. Schwarzbaum asked what the white portion of the rendering is. Mr. Blasch said that it is the existing diner. - I Schwarzbaum asked to be seated on the decked how would patrons be entering. Mr. Blasch said that they would have to go through the main entrance. - J. Schwarzbaum asked if the deck will be handicap accessible, where Mr. Blasch said that there is a lift for that. - I Schwarzbaum asked if public can access through the stairs. Mr. Blasch said that you can access but not get service from the premises. No Questions from Professionals Public Advocate Questions - Mr. Thapar asked based on the rendering what vantage point it is from. Mr. Blasch said it is from the parking lot on the Western Side. - Mr. Thapar asked about the renderings from down low. Mr. Blasch said that it was extra to see from resident view the “satellite topography” Public Questions - Susan Ackland, (10 Smith Manor Boulevard) referenced pictures sent to Ms. Beirne and Ms. Chandler and asked if considerations to design changes are possible. Mr. Blasch had no response. - Richard Ackland, (10 Smith Manor Boulevard) asked about the importance of lowering deck and who

Ms. Chandler and asked if considerations to design changes are possible. Mr. Blasch had no response. - Richard Ackland, (10 Smith Manor Boulevard) asked about the importance of lowering deck and who asked for it. Mr. Blasch said that at the previous meeting it

was a suggestion from the Board; he said that “being two (2) feet lower doesn’t change the view of the Statue of Liberty.” - Kate Distasio (1010 Smith Manor Boulevard) asked how deep will the footings be for the addition. Mr. Blasch said that they will be shallow (essentially on rock). The Storm Detention Basin below is not deep and doesn’t need to be. - Ms. Distasio asked if there was any geotechnical testing done. Mr. Blasch said that when the Chit Chat Diner was put in, the property was excavated three (3) feet and there is no need for testing as far as he knows. - Ms. Distasio asked if the deck will be near the cliff and if there was a consideration for it. Mr. Blasch responded in the negative and said that no disturbance will be made. This will not start a landslide. - Christian Wypasek (1020 Smith Manor Boulevard) asked about the parking, where Mr. Blasch said it would be standard. - Mr. Wypasek followed in regards to parking by asking if the number included employees. Mr. Blasch responded by saying that it is not changing as the variance for parking exists already. - Mr. Williams said additional parking and I. Schwarzbaum asked if applicant will appear to testify in regard to parking. In response to that, Mr. Williams said applicant will be put on to testify. - Kevin Malanga (57 Ridge Road) asked for confirmation that, in Mr. Blasch’s opinion, the construction will not result in a rockslide. Mr. Blasch responded in the affirmative. - Mr. Malanga followed up by asking if Mr. Blasch is a geotechnical expert. Mr. Blasch answered in the negative. Presentation - Mr. J. Michael Petry, Engineer and Planner for the Applicant was sworn under oath. Mr. Petry’s credentials were given and he was confirmed as an expert in the field of engineering and planning. He then explained the revised lighting plan and observations he made when he visited the site and the neighboring property. Mr. Petry stated that he could not see any of the townhouses but he could see the top of the building of the neighboring properties. He said that it was decided that pole mounting lights were better. o Mr. Petry referenced the Lighting Plan to show the building mounted fixtures replaced with down lights (hooded for additional glare). He said that the remainder of poles would be replaced and improved upon. Mr. Petry said that the deck will be lit with string lights in ceiling

replaced with down lights (hooded for additional glare). He said that the remainder of poles would be replaced and improved upon. Mr. Petry said that the deck will be lit with string lights in ceiling area and would all have “hats” on them to prevent glare. All revisions, according to Mr. Petry, will reduce impact/glare in all instances. o Mr. Petry said that the building and deck meet the setback requirements of the ordinance and that the addition will not impact the setback at all. He said that the increasing seating drives home the need for the parking variance. o Mr. Petry stated that the criteria for this addition to the Chit Chat Diner are that: = the COVID Pandemic changed need for outdoor dining. Previously, the Chit Chat had a tent in the parking lot which took away parking. = Chit Chat rejuvenated the community; It has become a destination because of location and stellar reputation. = in order to remain competitive, it needs outdoor dining. = the redesign of lighting is a benefit to neighbors and adjoining residences; parking onsite equalizers as potential patrons will leave after looping (circling) the lot twice since there is no street parking.

= the seating limitation impact on the Zone Plan and Master Plan is nonexistent. Board Questions - J. Eben asked if the Chit Chat Diner was using parking in an adjacent area. Mr. Petry said not that he is aware of. - Mr. Eben said that with 82 cars in lot, what is the goal for overflow. Mr. Petry said that they are working on getting approval. Parking is for diner but for atmosphere. Public Advocate - Mr. Thapar asked if this application is not approved, will the lights still be changed. Mr. Petry said that only if the application is approved would these benefits occur. - Mr. Thapar asked if there would be a capacity change. Mr. Petry said only in terms of patrons and employees parking off site. Public Questions - Richard Ackland (10 Smith Manor Boulevard) asked, based on the view from Smith Manor, will the type of lamps proposed to be hung in the deck spill light sideways. Mr. Petry said that the exact purpose of “hats” on lights is to shield light with the string lights hung eight (8) feet above the deck. - Mr. Ackland followed up by asking about the possibility of light spillage. Mr. Petry stated that they incorporated the shielding to reduce the glare and said that it would be impossible not to see any lighting. - Mr. Ackland asked about lighting deck for all hours in regards to insurance/security purposes. Mr. Petry said that this is not his call but he does not see any reason for deck to be lit at all hours. - Kevin Malanga (57 Ridge Road) asked if noise was factored in when designing. Mr. Petry said that with this design there would be no change from when the tent was raised. - Mr. Malanga asked if there were going to be speakers/ live music on the deck. Mr. Petry deferred to the applicant. - Kate Distasio (1010 Smith Manor Boulevard) said, based on the previous meeting, are the lights being proposed now string lights with “hats”. Mr. Perry said that these were added for submittal. - Ms. Distasio asked if this will be a permanent building. Mr. Petry said that the parking is the only variance required for this application and the applicant will return for changes of occupancy if and when that time is right. - Ms. Distasio asked what is the possibility of enclosing the deck. Mr. Petry said with the retractable roof it would still meet the building code. - Ms. Distasio asked about the buffer (perimeter) if it goes beyond the top of the

e possibility of enclosing the deck. Mr. Petry said with the retractable roof it would still meet the building code. - Ms. Distasio asked about the buffer (perimeter) if it goes beyond the top of the cliff to the former quarry area and if the fenced area would be changed. Mr. Petry said that the fencing will not be changed. - Ms. Distasio asked if there would be any additional vegetation added. Mr. Petry said that is not on this application. - Toni Wright (1012 Old Smith Manor Boulevard) asked if there would be outdoor seating during the winter. Mr. Petry stated that question would be better suited for the applicant. - Sharon Feinsod (516 Smith Manor Boulevard) said that the bulk of lighting comes from lampposts and sounds from automobiles. She asked if there is any comparison inside the diner to indicate that the noise on deck (behavior) would transfer to deck.

Mr. Petry said that there is no information and sound is only monitored at the property line. - Ms. Feinsod followed up by asking if there were complaints with the tent. Mr. Petry said that question is better suited for the applicant. Break 9:36-9:47P.M. I. Schwarzbaum announced to the public that this application noticed within 200 feet. Applicants rely on list from the Tax Assessor’s Office and according to Ms. Alice Beirne there was compliance in regards to this application. Presentation - Nickolas Katsanos, Applicant (General Manager, son of owner, and present during this and previous meeting) sworn under oath. o Mr. Katsanos stated that he currently regulates occupancy mentally but will use a clicker method to stay under 182 occupants. o Mr. Katsanos confirmed that there will be no live entertainment/speakers on deck. o Mr. Katsanos said that onsite parking and additional parking at the Bowling Alley is under negotiations for 20 employee spaces. He confirmed that they will adhere until it is time to reappear before the Zoning Board. o Mr. Katsanos confirmed that he has not received any complaints from the municipality in regards to lighting or sound in Crown View. Board Questions - Mr. Schwarzbaum asked about the hours of operation. Mr. Katsanos said pre COVID they were open 24 hours. Now, they are open 7am- 10PM. - Mr. Schwarzbaum asked what time the cutoff would be for outdoor dining. Mr. Katsanos said the cutoff would be 10:00PM even if it said that it closes at 11:00PM. - Mr. Schwarzbaum asked if they would be renting the deck during the summer months or keeping as a diner. - Mr. Katsanos said that they would not prevent larger parties from utilizing the deck but there would not be any live music/entertainment. No Professional Questions Public Advocate - Mr. Thapar asked if the Certificate of Occupancy would change. Mr. Katsanos answered that there is no intention of doing so. - Mr. Thapar asked if Mr. Katsanos has gone to Crown View. Mr. Katsanos answered in the negative but said that his father did and saw no issue with the lighting. - Mr. Thapar asked if this application is not approved would they still change the lighting. Mr. Katsanos answered in the negative; he said that this application is to have this as an expense for a deck.