November 18, 2021 Regular Meeting

Public Questions Susan Ackland asked about what the clean-up time would be for keeping the lights on. Mr. Katsanos answered no more than 30 minutes. Toni Wright (1012 Smith Manor Boulevard) asked about how they would go about heating the deck during the winter. Mr. Katsanos responded that there is no plan to use the deck in the off season; only in Spring and Summer. Christian Wypasek (1020 Smith Manor Boulevard) asked if there will not be any entertainment, why are they advertising as such. Mr. Katsanos said that this is in regards to off premise catering but more in the Hackensack location. Mr. Wypasek asked if a PA system for larger groups be allowed; Mr. Katsanos answered in the negative. Mr. Wypasek asked what the plan is to control occupancy through the rear. Mr. Katsanos responded that there is no entry in rear; he said that a staff member will keep that under control by guiding the patrons. Mr. Wypasek asked how they plan on limiting tables to comply. Mr. Katsanos said that they just simply would not seat patrons Kate Distasio (1010 Smith Manor Boulevard) asked what materials are being used for the deck. Mr. Katsanos was unsure. Ms. Distasio asked if there is anything being used for Noise absorption (echo). Mr. Katsanos said that the Engineer or Architect would be better equipped to answer that question. Mr. Katsanos countered and asked Ms. Distasio if there were complaints. Ms. Distasio said that, in her opinion, now that it’s lower there will be more noise absorption. --Public Hearing Closed Public Comment Christian Wypasek was sworn under oath, offered his thanks to the Board and stated his opposition to the deck Tez Roro (24 Hutton Avenue) was sworn under oath and voiced her opinion that Mr. Williams’ approach to feedback appeared as being condescending and finds that as a general consensus for members of the Board. She stated that, as an example, for a previous application Chairman Neuer basically brushed her off stating that for the particulars she needed answers to, she would need a Land Use Attorney. Susan Ackland was sworn under oath and offered Ex. 01 (Dated October 8, 2021) as a daytime picture of the Chit Chat with no alterations other than cropped from their balcony. Ex. 02 (Dated October 8, 2021) as a nighttime picture of the Chit Chat with no alterations other than cropped from their balcony. Ms. Ackland said that

terations other than cropped from their balcony. Ex. 02 (Dated October 8, 2021) as a nighttime picture of the Chit Chat with no alterations other than cropped from their balcony. Ms. Ackland said that her property “looks the Chit Chat in the eye” and that she is grateful other lights will be addressed but the strip of light at the end is a punishment for living here as there seems to be “No regulations on building lighting”. Mr. Schwarzbaum asked if there is any light from the office building; Ms. Ackland responded that only interior. Mr. Schwarzbaum asked about the cell tower and Ms. Ackland’s response was that it is only red and glowing.

- Dr. Noah Chivian (403 Smith Manor Boulevard) was sworn under oath and said that he disagrees with the opinion on Mr. Williams and recommended approval of the application. - Kate Distasio (1010 Smith Manor Boulevard) was sworn under oath and voiced her concerns over rockslides considering one on Northfield Avenue just occurred. She said that the materials being used on the deck are unknown and finds it disturbing that the applicant is unaware of that. - Sharon Feinsod (516 Smith Manor Boulevard) was sworn under oath and raised three (3) points: 1) that the noise from motorcycles and cars needs enforcement by police 2) We do see light but the worst of it is from street lights. 3) Traffic and the fact that bi g trucks stop in front and block right lane. Ms. Feinsod stated that the Chit Chat Diner is a great salvation to West Orange after the closing of Pals Cabin. It is invigorating and they are employing the community. - Joyce Rudin (38 Woodland Avenue) sworn under oath and voiced her concerns over the fact that the color of the deck is red and not natural looking and that there was no geotechnical research done. Her concerns are on the impact when installing the deck even if it is only three (3) feet high. Urged Board to vote “No”. Closing Statement - Mr. Williams said that the approval of this application would be a tremendous enhancement which could have been part of the initial installation. He said that this deck is in response to the COVID-19 Pandemic and that not every person wants indoor dining and the applicant is paying for the expense. Mr. Williams stated that, in his opinion, this is an easy decision as it just gives more opportunities to enjoy the Diner. - Mr. Williams requested record to close. -Ms. Beirne confirmed Mr. Eben’s ineligibility to vote on this matter because of being late to meeting. -Mr. Schwarzbaum asked Mr. Williams if he is intending to vote this evening given that there are only 5 voting members available and he is entitled to carry. - Mr. Williams asked vote to be carried to have the full opportunity of seven (7) voting Zoning Board Members. Application ZB 21-13 Panorama- Chit Chat is carried without notice to December 16, 2021 Meeting.

ZB 21-19 Alleyne/7 Deerfield Drive Carried to December 16, 2021 Meeting 7 Deerfield Drive Block 151.03; Lots 17; Zone R6 Applicant requests C1 variance with exceptional situation to expand living space into the garage area. Zoning Board Application Planning Director Memo Verification of Taxes & Sewer Charges Payment Garage Conversion | Garage Conversion 2 Application ZB 21-19 Alleyne/7 Deerfield Drive is carried without notice to December 16, 2021 Meeting The meeting was adjourned by Vice Chairman Schwarzbaum at 10:45 PM. Bua, 2 MA whol Adopted: 3/242 poe Diana L. Chandler, Acting Board Secretary