July 21, 2022 Regular Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING July 21, 2022 8:00 P.M. The West Orange Zoning Board of Adjustment held a regular meeting on July 21, 2022 commencing 8:00PM utilizing the virtual Zoom platform. Chairperson Philip 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.” Chairperson 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, Mark Sussman, Alice Weiss Absent: Peter Ricci (excused absence), Irv Schwarzbaum (excused absence), Dr. Michael Straker (excused absence), John Hess, Consulting Engineer for the Township Sarabraj S. Thapar, Public Advocate; Also Present: Paul Grygiel, Acting Planning Director for Township Alice Beirne, Esq. Board Attorney Diana L. Chandler, Board Secretary ANNOUNCEMENTS e Future Meetings: August 18, 2022 (regular) September 15, 2022 (regular) October 20, 2022 (regular) e ZB-22-05 Trademark Sign, LLC/Burlington is carried to the August 18, 2022 Regular Meeting. SWEARING IN e Township Professional, Mr. Paul Grygiel, Township Planner was sworn under oath. RESOLUTIONS

e ZB-22-04 Saviet/ 1 Normandy Terrace (Approved 6/16/2022 & Adopted 7/21/2022) Block: 155.10; Lot: 26; Zone: R-5 1 Normandy Terrace Seeking “c” variance for addition of porch to existing house. Motion: Chairperson Neuer Second: M. Sussman Eben: No Straker:(Alt. 4) - Redwine: Yes Sussman: Yes Ricci: - Weiss: - Schwarzbaum: = - Chairperson Neuer: Yes Yes: 3; No: 1 rary Application seeking “c” variance for addition of porch to existing house was approved at the June 16, 2022 Regular Meeting and the resolution was Adopted at the July 21, 2022 Regular Meeting. APPLICATIONS 1) ZB 21-22 19 Wheatland LLC/ 17 Wheatland Avenue (Carried from 5/19/2022) 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 and gave a brief summation on the previous testimony. ¢ Chairperson Neuer said the excess of trees variance covered under catchall in public notice; inversion of block and lot and because of the correct address approved to continue this testimony. e Mr. Piromalli referenced the July 15, 2022 letter from Mr. Paul Grygiel amendment to application approved by Chairperson Neuer. e Mr. Shaun Delaney, Engineer entered the record, was sworn under oath and credentials were still accepted/recognized from the previous meeting. e Mr. Delaney testified in regards to the Grading Plot Plan referenced the Test Pits (total of four) for permeability of soil per hour. (i.e. Test Pits Three and Four were excavated for bedrocking and ground water; with a cellar intended) e EXHIBIT A4 Colorized Grading Plot Plan (Dated July 7, 2022) which has been annotated to show the Test Pits to test the permeability rate. e EXHIBIT A5 Colorized Landscaping Plan (Dated July 7, 2022) e Mr. Delaney explained that in regards to this exhibit, ten (10) trees are to be removed and replaced (two minor and eight major). There is also going to be supplemental landscaping for screening purposes of the garage. The HVAC location to rear of existing house; Mr. Delaney reviewed Mr. Grygiel’s July

15, 2022 report and testified in response that the steep slope will remain unchanged. BOARD QUESTIONS e Mr. Jerome Eben asked in regards to the retaining wall if it is being replaced or is it being left as is. Mr. Delaney answered that it is being left as is. Mr. Eben asked about the location of the street and curb. Mr. Delaney said that there would be a new driveway constructed. Mr. Grygiel said that sidewalk would be a waiver for this applicaiton. Mr. Eben asked if the road is paved. Mr. Delaney answered in the affirmative and it is an approved roadway. In response to this Mr. Delaney showed EXHIBIT A6 Photo Board of Existing Homes on Wheatland Avenue. Mr. Jonathan Redwine asked if there is a minimum caliber of width for replacement trees to which Mr. Delaney answered in the affirmative. Mr. Redwine asked if there is a way to avoid having “stick trees”. Mr. Delaney said that it is exactly what they are doing by using 2.5 caliper trees. Mr. Redwine asked if he could get a commitment of larger size trees. Chairperson Neuer in response suggested three (3) inch and said it could be listed as possibly a condition for the application. Mrs. Alice Weiss said that she agrees with Mr. Redwine’s remarks and asks for possibility of a compromise if there is a possibility for growth available. Mr. Delaney asked for Mr. Petry to testify prior to agreeing to this. PROFESSIONALS QUESTIONS Mr. Grygiel asked for confirmation that the street is indeed paved with asphalt in front of the property. Mr. Delaney answered in the affirmative. PUBLIC QUESTIONS Mr. Kevin Malanga (57 Ridge Road) confirmed that his property not within 200 feet from the application site then asked about the choice of trees. Mr. Delaney said that the choice was made in regards to the screening to the rear of the property. Mr. Malanga asked about trees being prone to deer damage. Mr. Delaney answered that deer damage is a possibility but on the retaining wall it is less likely. Mr. Malanga followed up with a maintenance plan for trees. Mr. Delaney said that replaced trees die within a certain time frame (one to two years) they will be replaced again. Mr. Delaney’s testimony concluded. PRESENTATION e Mr. Charles Baldanza, Architect entered the record, was sworn under oath, and credentials were still accepted/recognized from the previous meeting. e Mr. Baldanza showed Sheet A.1 Proposed Floor

ON e Mr. Charles Baldanza, Architect entered the record, was sworn under oath, and credentials were still accepted/recognized from the previous meeting. e Mr. Baldanza showed Sheet A.1 Proposed Floor Plans (Dated 7/2/2022) with a cellar floor plan and unfinished storage.

BOARD QUESTIONS © Chairperson Neuer asked about the purpose of the powder room. Mr. Baldanza responded that it is an amenity to future residents of the house. e Mr. Eben stated that he agrees with Chairperson Neuer and elaborated further that if applicant cannot finish cellar how can the Board approve a powder room. Chairperson Neuer said that he would like to put as a condition to eliminate the powder room. Mr. Piromalli agreed. e Mr. Redwine asked if renewable resources were being used for the structure (i.e., solar panels). Mr. Baldanza said that it has not been discussed but does not believe this property is a great candidate. NO PROFESSIONALS QUESTIONS PUBLIC QUESTIONS e Kevin Malanga (57 Ridge Road) asked if a sump pump is going to be installed in the cellar of the property. Mr. Baldanza answered in the affirmative since the Building Code requires it. Mr. Baldanza’s testimony concluded. PRESENTATION e Mr. J. Michael Petry, Planner entered the record, was sworn under oath, and was accepted/recognized as an expert in the field of Planning. e Mr. Petry referenced Mr. Grygiel’s July 15, 2022 letter outlining variances as being correct and can be proven under C1 or C2 criteria. He then displayed Exhibit Al again (Proposed Floor Plans- Colorized- Dated 9/30/2021) and explained that this application is a classic C1 standard with an undersized lot. Mr. Petry opined that this application is “completing a neighborhood” as it is appropriately sized for the lot/neighborhood. e Mr. Petry offered testimony on the types of trees on the property the variances in removing them and what is being replaced. BOARD QUESTIONS Mrs. Weiss said that height of the trees is more important and wants to take back her previous statement. Based on the testimony of Mr. Petry she agrees that screening is more important. © Chairperson Neuer quoted and opined on the ordinance. Mr. Petry said that the ordinance does not have to grant variance with confirmation of having to return to Board to refinish the basement.

PROFESSIONALS QUESTIONS e Mr. Grygiel asked about the variances to be constructed. Mr. Petry said that the variances are reasonable in size but when steep slope is involved any property will tequire a variance. NO PUBLIC QUESTIONS NO PUBLIC COMMENTS Mr. Piromalli made closing remarks in summation of the application. Chairperson Neuer closed public hearing. CONDITIONS: e The Red Maple replacement trees proposed would be a minimum of 3.5 inches in caliper and in regard to the major replacement trees of American Arborvitae with those having a minimum planting height of ten (10) feet. e Powder Room in cellar will be eliminated from plans. e Cellar area will remain unfinished and not be used for living space. In order to convert cellar area into a living space in the future, the applicant would be required to return back to Board for approval. Motion: Chairperson Neuer Second: A. Weiss APPROVED Eben: Y Straker:(Alt. 4) - Redwine: Y Sussman: Y Ricci: - Weiss: - Schwarzbaum: - Chairperson Neuer: Y Yes: Notes: Application seeking “c” variances for construction of a new single-family dwelling was approved with conditions at the July 21, 2022 Regular Meeting. BREAK 9:25PM — 9:37PM

2.) ZB 22-01 Siju/ 20 Lorelei Road (Carried from 5/19/2022) Block:172.03 ; Lot:23 ; Zone: R-5 Seeking “C” Variance for expansion of existing house. PRESENTATION e Mr. Christopher Dougherty, Architect led the presentation, was sworn under oath, and credentials were still accepted/recognized from the previous meeting. e Mr. Dougherty explained that he submitted original plans drafted and revisions to Planning & Development on July 9, 2022. Mr. Dougherty and Chairperson Neuer discussed the situation where there is no catch all for noticing testimony so can continue in its entirety just not in regards to the heights. © Chairperson Neuer referenced the Builder’s Copy of plans did not call out variances or zoning table. Setbacks were listed by Chairperson Neuer and he also referenced the inconsistent zoning table. “Property line is adjacent to the property in question,” along where Mount Pleasant Avenue (C1 Sheet dated 8-14-2020) e Not built-in conformance with plans e Submission to rectify overbuilding and permits submitted (then approved) © Chairperson Neuer asked Mr. Grygiel about variances side yard, not height with no further variances as well as side yard. © Chairperson Neuer asked about the contractor’s relationship with Mr. Dougherty, he responded that he has been on the premises once but was always available to discuss with the contractor. Mr. Dougherty also mentioned that when they were to failed for multiple inspections by the Building Department, he was told to send a letter stating the inconsistencies in the property (which he did not do). NO BOARD QUESTIONS NO PROFESSIONALS QUESTIONS NO PUBLIC QUESTIONS PRESENTATION e Mr. Mwamba Camara, Original Contractor was sworn under oath. Chairperson Neuer mentioned that Mr. Camara’s Contractor License is not on the contract with the Applicants. Mr. Camara responded that after being in the hospital changes were made to the site and that the owner wanted a two-car garage. BOARD QUESTIONS e Mrs. Weiss asked if the applicant knew and still wanted a two (2) car garage and wanted to continue. Mr. Camara answered in the affirmative. Mrs. Weiss asked if he is telling the truth. © Chairperson Neuer asked if there were conversations with the applicant, architect and himself. Mr. Camara answered in the affirmative.

e Mr. Redwine asked if the letter requested by the Inspector from the Building Department was ever written. Mr. Dougherty answered in the negative. Mr. Redwine asked what should have been included in the overbuild. Mr. Dougherty said that there is verification of the foundation in the back. Mr. Redwine asked if approval from Building Department was contingent on receipt of letter. Mr. Camara said that he is unsure. Mr. Redwine asked if final approval was ever received to which Mr. Dougherty answered that approval is behind the plans. e Mrs. Weiss said that this is a comedy of errors blames architect and elaborated saying that she has no faith in the testimony of Mr. Dougherty and believes that Mr. Camara is not being totally honest either. NO PROFESSIONALS QUESTIONS PUBLIC QUESTIONS e Kevin Malanga (57 Ridge Road) asked if a surveyor was used for the project. Mr. Camara said that a masonry was used as a subcontractor. e Mr. Malanga asked if he was there when excavation was done and was the footing poured. Mr. Camara and Mr. Dougherty answered in the negative. Mr. Malanga asked Mr. Camara if Mr. Dougherty was ever contacted or called. Mr. Camara said that he did call, but Mr. Dougherty did not come. e Mr. Malanga asked about when the additional funds were requested by Mr. Camara. Mr. Camara said that he only requested such when inflation occurred. PRESENTATION e Ms. Jemilat Siju was sworn under oath and testified that Mr. Camara asked for more funds prior to digging and said that they purchased materials themselves. PUBLIC QUESTIONS e Kevin Malanga (57 Ridge Road) asked for clarification that Mr. Camara requested $10,000 but gave $7,000. Ms. Siju said that this was in relation to digging. e Mr. Camara said that there were additional monies requested for the timber price change. Chairperson Neuer responded confirming that the contract submitted was not consistent of the total as “Phase Four (4)” was left blank. Chairperson Neuer asked when the Contractor saw the size did they ask for the Architect and or Contractor to reduce. To which Mr. Camara said that he did ask for a reduction. Chairperson Neuer announced that application ZB-22-01 Siju/ 20 Lorelei Road seeking “C” Variance for expansion of existing house was carried to the September 15, 2022 Regular Meeting. Applicants must renotice prior to said meeting to include the height

1 Siju/ 20 Lorelei Road seeking “C” Variance for expansion of existing house was carried to the September 15, 2022 Regular Meeting. Applicants must renotice prior to said meeting to include the height variance. Applicants agreed to the continuance/extension for application.

Chairperson Neuer announced that application ZB 21-07 Rozenfeld / 1,3, 5 Maple Avenue was carried to the October 20, 2022 Regular Meeting. Applicants agreed to the continuance/extension for application. Chairperson Neuer adjourned the meeting at 10:53 PM. adopted: 2/1423 anacolJadad) Diana. Chandler, Secretary