May 19, 2022 Regular Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING May 19, 2022 8:00 P.M. The West Orange Zoning Board of Adjustment held a regular meeting on May 19, 2022 commencing 8:00PM utilizing the virtual Zoom platform. Chairman Phillip D. Neuer called the meeting to order at approximately 8:00 PM. 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, Jonathan Redwine, Peter Ricci, Mark Sussman, Irv Schwarzbaum Absent: Alice Weiss (excused absence); Dr. Michael Straker (excused absence); Sarabraj S. Thapar, Public Advocate; John Hess, Consulting Engineer for the Township Also Present: Paul Grygiel, Acting Planning Director for Township Alice Beirne, Esq. Board Attorney Diana L. Chandler, Board Secretary ANNOUNCEMENTS e Future Meetings: June 16, 2022 (regular) July 21, 2022 (regular) August 18, 2022 (regular) e Application ZB 21-07 Rozenfeld is carried to the June 16, 2022 Regular Meeting with no further notice. e Chairman Neuer announced that a Special Meeting for Application ZB-22-02 - Monarch Development Group JV LLC co Michael Glynn (Mayfair Farms Holding Corp.) - 481 Eagle Rock Avenue is scheduled for June 9, 2022 via Zoom platform.

NUTES Adopt: April 28, 2022 Meeting Minutes Motion: Chairman Neuer Second: J. Schwarzbaum Eben: Y Straker:(Alt. 4) - Redwine: Y Sussman: Y Ricci: Y Weiss: - Schwarzbaum: Y Chairman Neuer: Y Yes: SWEARING IN © Township Professional, Mr. Paul Grygiel, Township Planner was sworn under oath. RESOLUTIONS ¢ ZB 21-23 Sai Hira Ram Trust, Inc. 23-27 Laurel Avenue Block: 177.02; Lot: 1.01; Zone: R-4 (Adopted 5/19/2022) Seeking variances and removal of conditions of prior approval for a house of worship. Motion: I. Schwarzbaum Second: M. Sussman Eben: —— Straker:(Alt. 4) — Redwine: Y Sussman: Y Ricci: Y Weiss: —- Schwarzbaum: Y Chairman Neuer: Y Yes: Notes: Application seeking variances and removal of conditions of prior approval for a house of worship was approved with conditions at the April 28, 2022 Regular Meeting. Resolution was adopted at May 19, 2022 Regular Meeting.

° ZB-20-16/PS Atlantic Coast, LLC (Denied 4/28/2022) 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 Motion: Chairman Neuer Second: I. Schwarzbaum Eben: Y Straker:(Alt. 4) —— Redwine: Y Sussman: Y Ricci Y Weiss: — Schwarzbaum: Y Chairman Neuer: Y Yes: Notes: Application for Preliminary and Final Site Plan approval with "d" use variances was denied at the April 28, 2022 Regular Meeting. Resolution was adopted at May 19, 2022 Regular Meeting. APPLICATIONS 1.) ZB-22-03 Perlman/ 314 Walker Road Block: 160.01; Lot: 30.04; Zone: R-1 PRESENTATION Ms. Kathryn Perlman, Applicant was sworn under oath. Ms. Perlman referenced March 9, 2022 letter from Mr. Paul Grygiel. Ms. Perlman explained that the main goal of this application is to move her elderly mother into the home and wants to give her one level which would require an addition to her property. Due to the rear and side setbacks this would require variances. BOARD QUESTIONS e Chairman Never opined that the proposal Ms. Perlman submitted is compelling. He then asked if the finishing on the addition will be the same as currently appears on the property. Ms. Perlman answered in the affirmative. ° Mr. Jerome Eben asked if Ms. Perlman had talked to the Architect about ADA compliance. Ms. Perlman answered in the affirmative. NO PROFESSIONALS QUESTIONS

e Mr. Grygiel offered as a condition that landscaping drawings and confirmation of signed/sealed plans be submitted by June 6, 2022 for the June 16, 2022 Regular Meeting. Ms. Perlman agreed to this condition. NO PUBLIC QUESTIONS NO PUBLIC COMMENT NO BOARD DISCUSSION Motion: Chairman Neuer Second: J. Redwine Eben: Y Straker:(Alt. 4) —_—— Redwine: Y Sussman: Y Ricci: Y Weisss wee Schwarzbaum: Y Chairman Neuer: Y Yes: Notes: Application seeking “c” variances for expansion of existing house was approved with conditions at the May 19, 2022 Regular Meeting. 2.) ZB 21-22 19 Wheatland LLC/ 17 Wheatland Avenue (Carried from 4/28/2022) 17 Wheatland Avenue Block:39; Lot:56.06; Zone: R-6 Seeking “c” variances for construction of a new single-family dwelling. PRESENTATION e Mr. Michael Piromalli, Esq. entered on the record on behalf of applicant. Mr. Piromalli confirmed that he intends to go forward with this application with five (5) board members after Mr. Peter Ricci asked to recuse himself as he informed the Board that he is currently working with the law firm that is Mr. Piromalli’s employer (Gaccione Pomaco, P.C.). Mr. Ricci’s recusal was accepted by Chairman Neuer and confirmed by Ms. Alice Beirne, Esq. e Mr. Miguel Armijos, Applicant was sworn under oath and confirmed ownership of the property. Mr. Armijos informed that he wants to build a one family home. His connection with 19 Wheatland LLC is that he is the majority owner. After stating this, he confirmed that he will not be living on the property. BOARD QUESTIONS ° Mr. I. Schwarzbaum asked about the name of the LLC. To which Mr. Armijos said that they used to own the lot at 19 Wheatland Avenue. e Inresponse Mr. Schwarzbaum asked about the size of the lot on 19 Wheatland Avenue, which Mr. Armijos said that he is unsure.

Chairman Neuer asked if there was a building on 19 Wheatland Avenue. Mr. Armijos answered in the negative. NO PROFESSIONALS QUESTIONS NO PUBLIC QUESTIONS Mr. Armijos’ testimony concluded. PRESENTATION Mr. Charles Baldanza, Architect was sworn under oath and was qualified as an expert in the field of Architecture. Exhibit Al was marked for identification Proposed Floor Plans- Colorized (Dated - 9/30/2021) which showed an open layout on the first floor, three (3) bedrooms on the second floor, and on the third floor an attic which according to Mr. Baldanza is “essentially a half story”. Exhibit A2 was marked for identification Elevation Plan— Colorized (Dated - 9/31/2021) which showed the difficulties of building a single-family house with the size of this lot. The exterior proposed is to blend into the neighborhood by utilizing cultured stone and windows with good linear elements. BOARD QUESTIONS Chairman Neuer asked if Mr. Baldanza was aware of the Steep Slope Ordinance and how they would be accommodating that ordinance. Mr. Baldanza said that on the western side of the property, they would get the grading correct and there are no “cookie cutter set of plans.” Chairman Neuer asked Mr. Baldanza to opine on the Steep Slope Ordinance. Mr. Baldanza asked to defer to the Planner and Engineer. Chairman Neuer asked about the lowest level of the cellar and if there is a basement in the plans. Mr. Baldanza said that only a cellar is proposed. Chairman Neuer asked Mr. Baldanza to opine from an Architectural perspective on the R6 zone and if there was the ability to reduce the building. Mr. Baldanza answered in the affirmative and that it could be done but the design submitted is already a compromise. Mr. I. Schwarzbaum asked where the access to the cellar is. Mr. Baldanza said that it can be accessed from the stairway in the Kitchen/Dining Room area. Mr. Schwarzbaum asked for the height of the ceiling in the cellar. To which Mr. Baldanza said that the ceilings are eight (8) feet high and not part of the living space. Mr. Schwarzbaum opined in response to this saying that drawings should show basement/cellar. Mr. J. Eben asked where the water run-off from the roof goes. Mr. Baldanza said that there is a stormwater system designed for site. Mr. Eben asked if there is a gutter provided. Mr. Baldanza answered in the affirmative. NO PROFESSIONALS

ff from the roof goes. Mr. Baldanza said that there is a stormwater system designed for site. Mr. Eben asked if there is a gutter provided. Mr. Baldanza answered in the affirmative. NO PROFESSIONALS QUESTIONS PUBLIC QUESTIONS

Kevin Malanga (57 Ridge Road) asked about the width of the house at the South elevation to which Mr. Baldanza answered 24.6 feet. Mr. Malanga asked if the house is designed to be compatible with the neighborhood to which Mr. Baldanza answered in the affirmative. Mr. Malanga asked if the other houses proximate to this one were measured as part of a neighborhood “survey” to which Mr. Baldanza answered in the negative. Mr. Malanga asked about the interior width of the garage in the interior to which Mr. Baldanza said that it is twelve by four feet wide (12’x4’). Mr. Malanga’s final question was to ask if the garage was designed for two (2) cars to which Mr. Baldanza answered in the negative. Mr. Baldanza’s testimony concluded. PRESENTATION Mr. Shawn Delaney, Engineer was sworn under oath and was accepted as an expert in the field of Engineering. Mr. Delaney referenced the existing conditions on site. e This property on Wheatland Avenue is rectangular in shape on a dead end with the area North of the property being developed. e Setbacks conform to the R6 Zone. There is a retaining wall along the western side of the property to prevent erosion and placement of garage. e Inresponse to Chairman Neuer’s questioning in regards to the Steep Slope Ordinance, Mr. Delaney, stated this application is proposing the retaining walls on the western side of the property that will help stabilize the slopes and help prevent erosion. Mr. Delaney also testified stating that they are placing the garage on the western side to stop the overall earth movement on the site. Mr. Delaney also testified in the regards to the detention filtration system being proposed for the eastern side of the property. This was designed for the increase of impervious coverage. This system is being located at the low point of the site and is designed to infiltrate to the ground. BOARD QUESTIONS Mr. I. Schwarzbaum asked if Mr. Delaney has visited the site. Mr. Delaney answered in the affirmative. Mr. Schwarzbaum asked about the types of properties on the Western and Eastern sides of the property. Mr. Delaney said that they are single family homes. Mr. Schwarzbaum asked about how the stormwater will get to the retention basin. Mr. Delaney said that it will run off of the roof into the catch basin. Mr. Schwarzbaum asked how the retaining wall will affect the eastern side of the property. Mr.

will get to the retention basin. Mr. Delaney said that it will run off of the roof into the catch basin. Mr. Schwarzbaum asked how the retaining wall will affect the eastern side of the property. Mr. Delaney said that the water is blocked by the western side of the property. Chairman Neuer asked about the drainage system. Mr. Delaney said that it is daylighted behind the wall infiltration system. Chairman Neuer asked the witness to describe the materials to be used to construct the wall. Mr. Delaney said that the material used will be poured cement.

e Chairman Neuer asked if there is landscaping proposed. Mr. Delaney said there are no plans for landscaping. © Chairman Neuer asked if the wall is visible from 19 Wheatland Avenue. Mr. Delaney answered in the negative. e Chairman Neuer asked if one house could be built if lots were combined. Mr. Delaney answer in the affirmative. © Chairman Neuer asked if there would be blasting on the site. Mr. Delaney said that he is unsure unless testing is being done. e Chairman Neuer asked about the existence of a Landscape plan to which Mr. Delaney said that there is not one. Mr. Piromalli said that he is willing to accept a Landscape Plan as a condition. PROFESSIONALS QUESTIONS e Mr. Paul Grygiel asked if there is any portion of the wall which will be six (6) feet or higher. Mr. Delaney confirmed that there is and an additional variance would be required. e Mr. Grygiel asked if this could be built without the wall. To which Mr. Delaney answered in the affirmative. e Mr. Grygiel asked about the trees being removed and if there is a plan to replace them. Mr. Delaney said that no replacements are proposed but the Applicant is willing to add plantings. PUBLIC QUESTIONS e Kevin Malanga (57 Ridge Road) asked for clarification on the location of the swale on the property. Mr. Delaney confirmed that the swale is in the Front/Back of the property. e Mr. Malanga asked for confirmation of the location of the wall. Mr. Delaney confirmed the location. e Mr. Malanga asked about the visibility of the wall. Mr. Delaney said that it would change the topography of the site. e Mr. Malanga asked about soil being removed. Mr. Delaney said that it is unknown at this time. e Mr. Malanga asked how many trees are being removed. Mr. Delaney said all ten (10) in question will be removed. After Mr. Malanga asked about a replanting plan, Mr. Delaney restated that there is no replanting plan but the applicant is willing to have this as a condition. e Mr. Malanga asked about excavating on the property and method that would be used. Mr. Delaney said that it would be hammering. Break: 9:35PM- 9:46PM Upon return from break, Mr. Piromalli asked for application ZB-21-22 19 Wheatland LLC to be carried to the July 21, 2022 Regular Meeting and include new variances, submission of a complete landscaping plan and new noticing. Chairman Neuer granted this request. To which Mr. Piromalli

LC to be carried to the July 21, 2022 Regular Meeting and include new variances, submission of a complete landscaping plan and new noticing. Chairman Neuer granted this request. To which Mr. Piromalli asked if no new variance is added for the retaining wall (or wall is being reduced in lower height) if new noticing would still be required. Chairman Neuer also granted this request.