January 12, 2023 Special Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT SPECIAL MEETING January 12, 2023 8:00 P.M. The West Orange Zoning Board of Adjustment held a Special Meeting on January 12, 2023, commencing at 8:00 PM utilizing the virtual Zoom platform. Chairperson Philip D. Neuer called the meeting to order at approximately 8:05 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 stand for the Pledge of Allegiance. Alice Beirne, Esq. Board Attorney read the opening statement. Present: William Michael Barbee, Jerome Eben, Philip D. Neuer, Peter Scalora, Irv Schwarzbaum, Mark Sussman, Alice Weiss Absent: Peter Ricci (excused) Also Present: Paul Grygiel, Consulting Planner for the Township John Hess, Consulting Engineer for the Township Alice Beirne, Esq., Board Attorney Diana L. Chandler, Board Secretary ANNOUNCEMENTS Future Meetings: January 19, 2023 (Regular Meeting) February 16, 2023 (Regular Meeting) March 16, 2023 (Regular Meeting) April 20, 2023 (Regular Meeting) SWEARING IN Township Professionals Mr. Paul Grygiel and Mr. John Hess were sworn under oath. Mr. Irv Schwarzbaum (Board Member), Mr. William Michael Barbee (Board Member), and Mr. Peter Scalora (Alternate #2) were swom under oath due to their reappointment and appointments to the Zoning Board.

ANNUAL REORGANIZATION ¢ Appointment of Chairperson, Philip Neuer Mr. Irv Schwarzbaum nominated Philip Neuer as Chairperson. There were no other nominations for Chairperson. Motion: I. Schwarzbaum Second: A. Weiss APPROVED all to none. ¢ Appointment of Vice-Chairman, Irv Schwarzbaum There were no other nominations. Motion: Chairperson Neuer Second: A. Weiss APPROVED all to none. ¢ Appointment of Board Secretary, Diana L. Chandler Chairperson Neuer nominated Ms. Diana L. Chandler as the Board Secretary. There were no other nominations. Motion: Chairperson Neuer Second: A. Weiss APPROVED all to none. ¢ Appointment of Board Attorney, Alice Beirne Chairperson Neuer nominated Ms. Alice Beirne as Zoning Board Attorney. There were no other nominations. Motion: Second: A. Weiss APPROVED all to none. Chairperson Neuer Appointing Site Plan Review Advisory Board Representative Chairperson Neuer nominated Mr. Schwarzbaum as the Site Plan Review Advisory Board’s Zoning Board Representative. There were no other nominations/volunteers. Mr. Schwarzbaum accepted.

¢ Appointing SPRAB Alternate Representative Chairperson Neuer accepted the position with the Chair’s prerogative to do so. APPLICATIONS 1.) ZB- 21-21 Daughters of Israel Inc. (1155 Pleasant Valley Way) (Carried from 12/15/2022) Block:171; Lot:12; Zone: R-2 1155 Pleasant Valley Way Seeking C1, C2, and D Variances with preliminary and final site plan approval to redevelop the campus into a continuum-of-care community offering independent living, assisted living and skilled nursing components. ¢ PREVIOUS MEETING (12/15/22) EXHIBITS ¢ (KDA Architectural Exhibits — Dated 11/2/2022) A-2a- Existing Site Plan: An explanation of the conditions on the property. A-2b- Proposed Site Plan: To reinvent Daughters of Israel to active adult amenities community from solely assisted living with 182 apartments 22 assisted living and 80 skilled nursing rooms. A-2c- Lower-Level Plan: parking garage, fitness center, support space, and Independent Living Apartment Units A-2d- First Floor Plan (Main Level): Independent Living Apartment Units, Common Spaces, Suite Acute Households, Support Spaces square footage of residential and administration services A-2e- Second Floor Plan: Independent Living Apartment Unit households for skilled nursing A-2f- Third Floor Plan A-2g- Fourth Floor Plan: Independent Living Apartment Units and skilling nursing units A-2h- Roof Plan: solar panels and a green roof area with screening examples A-2i- Southwest, South, and East Elevations A-2j- Site Section A - Independent Living & Health Center Facing South A-2k- Site Section B — Independent Living & Health Center Facing Southwest A-2I- Site Section C — Independent Living & Health Center Facing Southwest A-2m- Site Section D — Independent Living Facing West A-2n- Street View North — Pleasant Valley Way (Winter) A-20- Street View North — Pleasant Valley Way (Summer) A-2p- Street View South — Pleasant Valley Way (Winter) A-2q- Street View South — Pleasant Valley Way (Summer) A-2r- Existing View Looking South (Winter) A-2s- Existing View Looking South (Summer) A-2t- View Looking South (Winter) A-2u- View Looking South (Summer) A-2y- Existing View from West Neighborhood (Winter) A-2w- Existing View from West Neighborhood A-2x- View from West Neighborhood (Winter)

A-2y — View from West Neighborhood (Summer) A-2z — Main Entry View A-2aa — Landscape Plan A-2bb- Sign Location Plan A-2cc- Phase One, Phase Two, Phase Three, and Four: where Mr. Fowles testified that in total it will be six (6) years of construction if all phases proceed as expected. eeeee PRESENTATION ° Mr. Howard D. Geneslaw, Esq. entered on record on behalf of the applicant. He gave a brief summation of previous testimony and explained a bit about an updated landscaping and tree removal plan which has yet to be updated/ submitted. ° Mr. David Fowles, Architect gave previous testimony but was not able to field questions due to time restrictions. Mr. Geneslaw and Mr. Fowles did some redirects as a response based on the previous meeting’s questions from the Board and Professionals. Mr. Fowles was sworn under oath again and confirmed that his credentials remained the same. Based on questions from the December 15, 2022 meeting, Mr. Fowles confirmed that KDA does not have a certificate of authorization nor are they required to have this authorization. In regards to the HVAC system and its noise level, Mr. Fowles said that the new facility will be from the ground up and will comply with both West Orange and the State’s noise ordinances. All preparation will be done via phasing. Phases One and Two will be to work around nursing and the safety of staff. The applicant is asking for a total of ten (10) years to be safe for completeness purposes but anticipates it takes only six (6) years of outdoor construction to take place. Outdoor construction would pause when one building is up and resume when the units are filled. BOARD QUESTIONS ¢ Chairperson Neuer asked if there were calculations done regarding the time of completion for the project. Mr. Geneslaw said yes that the calculations provided are to allow residents to remain on the premises at the facility as relocating them is not appropriate. At this time, Chairperson Neuer suggested a possible condition that no new residents are admitted during construction. Mr. Geneslaw responded that he would make no such agreement without speaking with his client directly. © Mr. L Schwarzbaum asked for confirmation on the four phases of construction. Mr. Fowles reiterated the timeline associated with them. © Phase One (1) would be enabling work as preparation for construction. He believes that this phase should take

he four phases of construction. Mr. Fowles reiterated the timeline associated with them. © Phase One (1) would be enabling work as preparation for construction. He believes that this phase should take approximately two (2) years and it will go through the Department of Health for the State of New Jersey. © Phase Two (2) is for the independent living areas. In his opinion, it should take approximately two (2) years to complete. o Phase three (3) would be for the construction of the apartments. In his opinion, it should take approximately one (1) year. © Phase four (4) which will include the construction of the senior apartments, should take approximately one (1) year to complete. ¢ Mr. W.M. Barbee asked about the noise levels for four years of construction, traffic, and debris. Chairperson reminded Mr. Barbee that this expert is not the person to direct this question to. NO PROFESSIONALS QUESTIONS

PUBLIC ADVOCATE ¢ Mr. Thapar asked if the images in the site map rendering were used with a drone. Mr. Fowles said images were done with the site map, CAD Program, and Google. Mr. Thapar asked about the gap time and how much actual construction time will be taking place. Mr. Fowles responded that if butted together, it would be six (6) years and four (4) years of actual work. Mr. Thapar asked about the decibel levels of sound presently versus what is proposed. Mr. Fowles said that he does not have that information. PUBLIC QUESTIONS ° Mr. Richard Webster Esq, (attorney for Mr. Loren Svetvillas) asked who came up with the number of beds in the plans. Mr. Fowles answered that the consultant hired by Daughters of Israel did and designed this based on their team design meetings and reports. e Mr. Kevin Malanga (53 Ridge Road) asked for confirmation of where the employee entrance and parking are located. Mr. Fowles said that the employee parking is near the loading dock with multiple entrances. Mr. Malanga asked what framing materials will be used. Mr. Fowles said that they will be utilizing noncombustible metals for the health center. He also stated that the apartments on the first level will be using a combination of steel and concrete and the apartments on the second level will be using a combination of metals and wood. Mr. Malanga asked for confirmation on when landscaping will be completed and what tools will be used. Mr. Fowles said that it will be completed by phase and stated that he is unsure of what tools will be used as he is not a landscape architect. ¢ Ms. Zasah Khademi (4 Dawes Avenue) stated that she is unsure of the accuracy of the drawings and cited Sheet A2I with the slope and surrounding trees. Mr. Fowles said that he would look into this but believes the drawings are accurate. Ms. Khademi asked about the equipment for noise in between phases and the noise ordinances. Mr. Fowles said that HVAC equipment on the roof would be new and quieter after construction than what is currently there. Mr. Fowles testified further stating that the contractor must adhere to the Noise Ordinance requirements for the State of New Jersey and the Township of West Orange. © Ms. Renee Faibis (24 Skyline Drive) confirmed that her property is within 200 feet of the application site. She asked where the HVAC and generator will be located. Mr. Fowles said that the

Orange. © Ms. Renee Faibis (24 Skyline Drive) confirmed that her property is within 200 feet of the application site. She asked where the HVAC and generator will be located. Mr. Fowles said that the generator will be by the loading dock and referenced Sheet A2b. Ms. Faibis asked if the building height will have the same number of heights and floors for each building. Mr. Fowles confirmed that they will be at the same elevation. Ms. Faibis asked for an explanation on the kinds of trees being cut and replaced to which Mr. Fowles said that he did not prepare the tree report and cannot comment on it. J4s. Faibis questioned the time of year for construction. Mr. Fowles said that he is unsure. Ms. Faibis opined that the view from Skyline Drive in Sheet AQ2b is incorrect. Board Member, Mr. Sussman answered stating that the cross- section is not incorrect so based on that neither is the drawing. Break 9:38-9:49 PM PUBLIC QUESTIONS (Continued) e Ms. Joyce Rudin (35 Woodland Avenue) asked if Daughters of Israel is in charge of the redevelopment. Mr. Fowles said yes. Ms. Rudin asked about the market rates for residents once completed. Mr. Fowles said that he was only the architect and would

not offer a response. Ms. Rudin asked for a reason behind only 35% of the roof being green or solar. Mr. Fowles said it is because of the machinery being on the roof. Ms. Sally Malanga (53 Ridge Road) asked if one of the contingencies to this application is that the Daughters of Israel will not be allowed to raise funds. Mr. Fowles said that he does not know their business model. Mr. Robert Rashkes (35 Oakcrest Road) asked why 20-23 independent living residents are ideal. Mr. Fowles said that it is based on the operational model. Mr. Rashkes asked about the location of kitchens or kitchenettes. Mr. Fowles said that they would only be in certain areas to feel like a home for the residents. Rabbi Marc Rubin (35 Woodland Avenue) asked for insight in regards to the accommodations for the handicapped and infirmed during construction. Mr. Fowles said that the applicant will comply with all of the Americans with Disabilities Act (ADA) requirements. Mr. Geneslaw offered a redirect, to sum up loose ends regarding Mr. Fowles’s testimon 1y. In it, they confirmed that: Mr. Fowles has experience in designs of this nature. An application in this scale is typical in phases based on previous work. Finally, all materials will be designed to be used up to code. PRESENTATION Mr. Connor Hughes, Traffic Engineer Consultant, was sworn under oath and his credentials were accepted. Mr. Hughes said that the traffic on Pleasant Valley Way will decrease by hastening the timing device in the traffic light by three (3) seconds. He said that he thinks moving things along will be at a better speed. Mr. Hughes admitted that there are no guarantees that officials will agree to speed up the time switches for the traffic signal. Mr. Hughes said that he has no power over that as Pleasant Valley Way is an Essex County-owned road. BOARD QUESTIONS © Chairperson Neuer asked if there was a trip analysis compared to the traffic report. Mr. Hughes said that there was and said that they were very similar to each other. Mr. I. Schwarzbaum asked for confirmation that Route 10 is a state road. Mr. Hughes answered in the affirmative. Mr. Schwarzbaum asked for confirmation on the number of employees. Chairperson said that this was not part of his testimony. Mr. I. Schwarzbaum asked what is the usual age for retirement. Mr. Hughes said that data was in the covered use. Chairperson Neuer asked

ees. Chairperson said that this was not part of his testimony. Mr. I. Schwarzbaum asked what is the usual age for retirement. Mr. Hughes said that data was in the covered use. Chairperson Neuer asked if there was an analysis of the uses of the amenities done. Mr. Hughes said yes. PROFESSIONALS QUESTIONS e Mr. Grygiel had no questions Mr. Hess asked for confirmation of the date of the traffic report. Mr. Hughes answered May 6, 2022, and it will be utilized for a few decades. Mr. Hess also requested that there are inconsistencies in testimony so a resubmission should be made.

PUBLIC ADVOCATE Mr. Thapar asked for the reasoning behind not getting the real data results. Mr. Hughes said that the traffic counts done within the year are usually relevant and he believes that they are still in the current conditions. PUBLIC QUESTIONS e Ms. Zasah Khademi (4 Dawes Avenue) raised an issue with numbering in the traffic counts as she was confused by the calculations. Mr. Hughes said that calculations were based on study during the peak hours in the morning and afternoon and are indeed correct. Mr. Geneslaw said that this does not reflect the study. Mr. Robert Rashkes (35 Oak Crest Road) asked if schools were open at the time of the study. Mr. Hughes answered in the negative and opined to say that he is not sure if that would affect the study. Mr. Richard Webster, Esq. on behalf of Mr. Loren Svetillas (699 Prospect Avenue) asked about the changes between 2022 to today. Mr. Hughes said that the only change is in the number of trips. Mr. Webster asked if the units would increase or decrease. Mr. Hughes said that the application proposes 326 units where currently only 306 units are there. Mr. Webster asked for a breakdown of the types of care/units on the property. Mr. Hughes said that he was not provided that information. Chairperson Neuer announced that ZB-21-21 Daughters of Israel is being adjourned to the January 19, 2023, Regular Meeting with no. further notice. Chairman Neuer adjourned the meeting at 11:12 PM. Adopted: 6/023 Lauks¥n illo Diana 17 Chandler, Secretary