March 24, 2022 Regular Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING March 24, 2022 8:00 P.M. The West Orange Zoning Board of Adjustment held a regular meeting on March 24, 2022 commencing 8:00PM utilizing the virtual Zoom platform. Chairman Phillip D. Neuer called the meeting to order at approximately 8:01PM. 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 please rise for the Pledge of Allegiance. Alice Beirne, Esq., Board Attorney read the opening statement. Present: Jerome Eben, Philip D. Neuer, Bart Quentzel, Jonathan Redwine, Peter Ricci, Mark Sussman, Alice Weiss Absent: Dr. Michael Straker and Irv Schwarzbaum both are excused absences. Also Present: Paul Grygiel, Acting Planning Director for Township John Hess, Consulting Engineer for the Township Alice Beirne, Esq. Board Attorney Diana L. Chandler, Board Secretary Sarabraj S. Thapar, Public Advocate ANNOUNCEMENTS e Future Meetings: April 28, 2022 (regular) May 19, 2022 (regular) June 16, 2022 (regular) ¢ Application ZB 21-22 19 Wheatland LLC/ 17 Wheatland Avenue is being carried to the April 28, 2022 Regular Meeting; no further notice will be issued. MINUTES

© Chairman Neuer offered his apologies for the delay of circulating minutes to the Board. The Board voted all to none on these minutes with those members who were not present at a meeting considered present but not voting. JULY 15, 2021 SREY IS, 2021 Motion: Chairman Neuer Second: A. Weiss —— Eben: Y Straker:(Alt. 4) - Quentzel: (Alt. 1): Y Sussman: Y Redwine: Y Weiss: 4 Ricci: Y Chairman Neuer: Y Schwarzbaum: - Yes: AUGUST 19, 2021 Motion: Chairman Neuer Second: A. Weiss Eben: Y Straker:(Alt. 4) - Quentzel: (Alt. 1): Y Sussman: Y | Redwine: Y Weiss: Y Ricci: Y Chairman Neuer: - Schwarzbaum: - [ Yes:

SEPTEMBER 9, 2021 SPECIAL MEETING Motion: Chairman Neuer Second: A. Weiss Eben: - Straker:(Alt. 4) - Quentzel: (Alt. 1): Y Sussman: Y Redwine: Y Weiss: - Ricci: Y Chairman Neuer: Y Schwarzbaum: - L Yes: SEPTEMBER 23, 2021 Motion: Chairman Neuer Second: A. Weiss Eben: Y Straker:(Alt. 4) - Quentzel: (Alt. 1): Y Sussman: x Redwine: Y Weiss: - Ricci: Y Chairman Neuer: Y Schwarzbaum: Y Yes: OCTOBER 21, 2021 Motion: Chairman Neuer Second: A. Weiss Eben: Y Straker:(Alt. 4) - Quentzel: (Alt. 1): - Sussman: Y Redwine: Y Weiss: - Ricci: pa Chairman Neuer: - Schwarzbaum: - Yes:

OCTOBER 28, 2021 SPECIAL MEETING Motion: Chairman Neuer Second: A. Weiss Eben: Y Straker:(Alt, 4) Quentzel: (Alt. 1): Y Sussman: Redwine: Y Weiss: Ricci: Y Chairman Neuer: Schwarzbaum: - Yes: Motion: Chairman Neuer Second: A. Weiss Eben: Y Straker:(Alt. 4) Quentzel: (Alt. 1): - Sussman: Redwine: Y Weiss: Ricci: - Chairman Neuer: Schwarzbaum: - | Yes: DECEMBER 16, 2021 Motion: Chairman Neuer Second: A. Weiss Eben: - Straker:(Allt. 4) Quentzel: (Alt. 1): Y Sussman: Redwine: Y Weiss: Ricci: Y Chairman Neuer: Schwarzbaum: - Yes:

JANUARY 20, 2022 Motion: Chairman Neuer Second: A. Weiss [ Eben: Y Straker:(Alt. 4) Quentzel: (Alt. 1): Y Sussman: Y Redwine: Y Weiss: Y Ricci: - Chairman Neuer: Y Schwarzbaum: - Yes: FEBRUARY 17, 2022 Motion: Chairman Neuer Second: A. Weiss Eben: Y Straker:(Alt. 4) Quentzel: (Alt. 1): Y Sussman: Y Redwine: Y Weiss: Ricci: Y Chairman Neuer: 4 Schwarzbaum: - L Yes:

RESOLUTION e = ZB-20-14/E&S Masonry Supply Inc. (Approved at 2/17/2022 Meeting) Block: 2; Lot: 43.01 & 50; Zone: R-T 15-19 Meeker Street Seeking a “d” and “c” variances major site plan approval. Motion: M. Sussman Second: J. Redwine | Eben: Y Straker:(Alt. 4) - Quentzel: (Alt, 1): Y Sussman: Y Redwine: Y Weiss: - Ricci: Y Chairman Neuer: Y Schwarzbaum: - LL Yes: SWEARING IN ¢ Township Professionals, Mr. Paul Grygiel and Mr. John Hess, were sworn under oath. APPLICATIONS 1) ZB-20-16/PS Atlantic Coast, LLC (Carried from 1/20/2022 Meeting) 424 Eagle Rock Avenue Block: 111; Lot: 1.08; Zone: B-2 Prelim. & Final Site Plan Approval w/variances to construct a storage unit facility PRESENTATION ° Ms. Lisa John-Basta, Esq. entered her appearance on the record on behalf of the application and gave a brief summary of previous testimony and changes that have taken place since last appearing before the Board. ¢ Mr. Gary Dean, Traffic Engineer, was sworn under oath, stated his professional credentials and was accepted by the Chairperson as an expert Traffic Engineer, e Mr. Dean compared the traffic of a self-storage to uses that may be permitted in the B2 Zone. ¢ Mr. Dean offered his opinion as to the reduced amount of traffic under the proposed use. ° Mr. Dean read into the record an email from Mr. David Antonio of the Essex County Planning Board (Dated March 23, 2022) which states, “Any opportunity to decrease traffic is well received. There were no further findings with regard to the access in as much as it presently exists”

As per Chairman Neuer, it is not a statement of support from the county, simply an observation that he (Mr. Antonio) accepts the information that Mr. Dean gave to him. Mr. Dean confirmed that they would be seeking the outside approvals for favorable consideration. BOARD QUESTIONS ° Chairman Neuer asked when the driveway was built; Mr. Dean said that he was unsure. Chairman asked for clarification to which Mr. Dean said that he is recognizing the presence of the driveway as it has functioned for many decades. With its present configuration, there was no need to further debate the issue given the substantial proposed traffic reduction. Mr. Dean does not know when the driveway was initially installed but it was well before the revisions to the intersection of Eagle Rock and Prospect Avenue were done. * Chairman confirmed that Mr. Antonio did not authorize Mr. Dean to represent that Essex County supports the application Mr. Dean again read a portion of the email into the record. NO PROFESSIONALS QUESTIONS PUBLIC ADVOCATE ° Mr. Thapar asked if he used the same methodology for calculating the traffic as that testified to by his colleague. Mr. Dean answered in the affirmative and that the data was compiled on square feet and the number of storage units. BOARD QUESTIONS FOLLOWED PUBLIC QUESTIONS ° Mr. Kevin Malanga (57 Ridge Road) asked what the concerns were that Mr. Antonio raised. Mr. Dean responded that his concerns were: sight distance and gaps/breaks in traffic. e Mr. Malanga asked how many reports were submitted. Mr. Dean said only one. ¢ Mr. Malanga asked if people would be able to travel East/West or both when leaving site. Mr. Dean said both and there should not be any issue. Mr. Dean’s testimony concluded. PRESENTATION ¢ Ms. Carolyn Worstell, Professional Planner was sworn under oath and was accepted by the Chairperson as an expert Professional Planner. She then summarized previous testimony and reviewed the application in accordance with the Master Plan. BOARD QUESTIONS ° Chairman Neuer asked if Ms. Worstell has been to the site. She answered in the affirmative that she has been there once, but staff from Dresdner Robin has been there 7

many times. Chairman asked for details pertaining to Crystal Lake; Ms. Worstell said that the visit was during the winter and that the Lake is close to the property as well as adjacent to the walkway on Boland Drive. © Chairman Neuer asked about the number of the parking spaces available for the public. Ms. Worstell said that she did not count and that there was no agreement in place. ¢ Chairman asked when did Eagle Rock Bowling Alley cease operation. Ms. Worstell said that she is unsure. © Chairman asked if there was any research done on Crystal Lake. Ms. Worstell answered in the negative. Chairman followed up by asking if the Environmental impact study was signed by her or Mr. Heydt. Ms. Worstell confirmed that it was just Mr. Heydt. ¢ Chairman Neuer asked if Ms. Worstell was aware of the use for Crystal Lake. Ms. Worstell said that it was for recreation. He then followed up on how to gain access if not utilizing the two (2) spaces in this application or the access from Boland Drive. Ms. Worstell said that it would have illegal and there is no handicapped access. PROFESSIONALS QUESTIONS ¢ No questions from Mr. John Hess. ¢ Mr. Paul Grygiel asked about the advantages of the proposed use as compared to the permitted or other uses. Ms. Worstell said that this application is promoting public use and safety which might not be found with other retail uses. PUBLIC ADVOCATE ° Mr. Thapar asked what would occur if three (3) cars show up at the same time, given that there are only two (2) public Spaces available. Ms. Worstell responded that the extra car would be unable to park or use the Lake. PUBLIC QUESTIONS © Mr. Kevin Malanga (57 Ridge Road) asked about location of the landscaping and screening in the plans. Ms. Worstell said that it takes place on the sides and rear of the lot with additional landscaping and curbing. ¢ Mr. Malanga asked about the shape of the building and whether the “stub” would have landscaping. To which Ms. Worstell said that it would be taking place between the building and property line. ° Mr. Malanga asked about the purpose for the height restrictions of the building. Ms. Worstell said it is to reduce the visual, but they will be compliant with the 35 feet height. ° Ms. Joyce Rudin (Woodland Avenue) asked how large this building is in comparison to LA Fitness. Ms. Worsteil said that she is unsure. ° Ms. Rudin asked how the

e compliant with the 35 feet height. ° Ms. Joyce Rudin (Woodland Avenue) asked how large this building is in comparison to LA Fitness. Ms. Worsteil said that she is unsure. ° Ms. Rudin asked how the shadows on site will affect the aesthetic beauty of Crystal Lake. Ms. Worstell said that all buildings will cast a shadow and this will cause no more of a shadow than any other building. ¢ Ms. Rudin asked if Ms. Worstell was familiar with Zoning Board application, ZB-19- 10, 955 Pleasant Valley Way that was approved and questioned the necessity of more storage to which Ms. Rudin was informed that there was testimony from the owner and operator previously and Ms. Worstell was not testifying regarding that.

¢ Ms. Worstell’s testimony concluded. © Chairman Neuer announced that Application ZB-20-16 PS Atlantic Coast, LLC is carried without further notice being required to the April 28, 2022 Regular Meeting. e After announcing application being carried to the April 28, 2022 Regular Meeting, Chairman Neuer asked Ms. John-Basta to encourage her client to consider a walking path to the lake and to consider removing the “stub” because of impervious coverage and the expanded volume of the proposed building. It was also determined that no further testimony will be presented; April 28 will be for summation by counsel for the applicant, public comment and testimony and Board deliberations and vote. Break 9:48PM — 9:55PM. ¢ Chairman Neuer announced that Application ZB-21-23 Sai Hira Ram Trust, Inc. is carried without further notice being required to the April 28, 2022 Regular Meeting. © Chairman Neuer announced that Application ZB 21-07 Rozenfeld is carried without further notice being required to the April 28, 2022 Regular Meeting. 2. ZB-21-08/Main West Orange LLC (Carried from 2/17/2022) Block: 116; Lot:53, 53.01 & 55; Zone: B-1 &R-T 257-259 Main Street Seeking site plan approval with “d” variance to convert existing 2 attached buildings which vary in height into one 4 story building. PRESENTATION ° Ms. Allyson Kasetta, Esq. entered her appearance as attorney on behalf of the applicant as new representation due to Mr. Reginald Jenkins’ new association with Trenk Isabel Siddigi & Shahdanian PC which creates a conflict. Mr. Daniel Garcia-Pedrosa, Applicant, was sworn under oath. e Mr. Garcia-Pedrosa testified in regards to security measures. He stated that there will be keypad access in the front and rear of the residential and retail properties and that there are going to be cameras installed and monitored remotely and onsite. He also testified to a live-in superintendent to oversee operations, ° Mr. Garcia-Pedrosa testified that the tenant storage will be in the basement and will be separated for each tenant to provide private storage spaces. e Mr. Garcia-Pedrosa testified to exterior improvements for both the residential and retail (storefront) properties. BOARD QUESTIONS e Mr. Peter Ricci asked if the whole building will match. “Not just a patch” as is proposed. Mr. Garcia-Pedrosa said that the buildings differ in character and to make modifications