February 16, 2023 Regular Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING February 16, 2023 8:00 P.M. The West Orange Zoning Board of Adjustment held a Special Meeting on February 9, 2023, commencing at 8:00 PM utilizing the virtual Zoom platform. Chairperson Philip D. Neuer called the meeting to order at approximately 8:07 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 Philip D. Neuer asked everyone to please stand for the Pledge of Allegiance. Alice Beirne, Esq. Board Attorney read the opening statement. ROLL CALL Present: William Michael Barbee, Jerome Eben, Philip D. Neuer, Peter Scalora (8:12 PM Arrival), Brent D. Scott, Mark Sussman (9:14 PM Arrival), Alice Weiss Absent: Peter Ricci (excused), Irv Schwarzbaum (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: March 16, 2023 (Regular Meeting) March 23, 2023 (Special Meeting) April 20, 2023 (Regular Meeting) May 18, 2023 (Regular Meeting) - Chairperson Neuer announced that ZB-21-21 Daughters of Israel is scheduled for a Special Meeting on March 23, 2023.

ANNUAL REPORT Motion: Chairperson Neuer moved to approve the Annual Report Second: A. Weiss Barbee: - Scott: - Eben: No Sussman (Alt. 3): - Ricci: - Weiss: Yes Scalora (Alt. 2) - Chairman Neuer: Yes Schwarzbaum: - MINUTES Adopt: June 9, 2022 Meeting Minutes July 21, 2022 Meeting Minutes August 18, 2022 Meeting Minutes September 15, 2022 Meeting Minutes October 6, 2022 Meeting Minutes October 20, 2022 Meeting Minutes December 15, 2022 Meeting Minutes Motion: Chairperson Neuer moved to approve the Minutes Second: A, Weiss Barbee: - Scott: - Eben: No Sussman (Alt. 3): : Ricci: - Weiss: Yes Scalora (Alt. 2) - Chairman Neuer: Yes Schwarzbaum: - SWEARING IN Township Professional(s), Mr. John Hess and Mr. Paul Grygiel were sworn under oath.

RESOLUTIONS ZB-22-10 Gill/ 13 Belleview Terrace (Approved 1/19/2023) Block:148.09; Lots: 16&17 ; Zone: R-6 13 Belleview Terrace Application seeking “c” variance for expansion of existing house was approved at the January 19, 2023, Regular Meeting. Motion: Chairperson Neuer moved to approve the Resolution. Second: J. Eben Barbee: Y Scott: S Eben: Y Sussman (Alt. 3): : Ricci: - Weiss: Y Scalora (Alt. 2) - Chairman Neuer: Y Schwarzbaum: - APPLICATIONS 1.) ZB 21-01 M Vega Investments LLC/66 Franklin Avenue (Carried from 1/19/2023) 66 Franklin Avenue Block: 134.02; Lot: 75.03, 79, 81; Zone: B-1 ean Seeking “c” and “d” variances for modifications to property with mix of uses. PRESENTATION Mr. Chris Murphy, Esq., entered on the record on behalf of the applicant. Mr. Murphy gave a brief summation of previous testimony and then called Ms. Afion Savitz, Civil Engineer to testify. Ms, Savitz was sworn under oath and her credentials from previous testimony were confirmed to be unchanged. Ms. Savitz referenced Exhibit A-3 (Site Plan Exhibit — Dated 2/13/2023) which displayed the proposed sliding gate as being auto-operational. NO BOARD QUESTIONS PROFESSIONALS QUESTIONS No questions from Mr. Grygiel. Mr. Hess stated that, while there will be a keypad to enter, he asked Ms. Savitz what the procedure would be for exiting. Ms. Savitz stated that there would be an automatic sensor. In response to this, Chairperson Neuer asked if there were any additional open issues; Mr. Hess stated that the only issue he had is the condition of operation which was agreed upon previously. NO PUBLIC ADVOCATE QUESTIONS NO PUBLIC QUESTIONS PUBLIC COMMENT

Mr. Kevin Malanga (57 Ridge Road) was sworn under oath and stated that he does not live within 200 feet of the application site. Mr. Malanga stated that the storage of materials outside, no idling signs, and deplorable conditions of the property show a lack of respect for the property and residents who live in the area. Mr. Malanga urged the Board not to vote in favor of this application. BOARD DISCUSSION Mr. Eben asked what the applicant is intending on doing with the elevation of the building because the roofline seems to be inconsistent. Mr. Murphy stated that they have done everything asked in his opinion to rectify this. Mr. Eben stated that regarding debris, he agrees with Mr. Malanga. Mr. Murphy said thank you for sharing. Mrs. Weiss stated that she is conflicted to approve this application and is choosing to abstain from voting on this application. CONDITIONS: -No vehicles are to be stored inside. -Attic will be for storage only. No livable space. -Parking lot is to be repaved. -No outside storage. -New LED lighting will be shielded -Hours of operation will be 8 AM-6 PM -Only company vehicles and employees will be permitted to park on site -Bike rack will be installed -Two (2) Electric Vehicle charging stations installed -Deed of consolidation will be obtained -No idling on property -No storage of hazardous/flammable materials -All conditions must be printed on Final Site Plans. Motion: Chairperson Neuer Second: W.M. Barbee Barbee: Y Scott: oN - Eben: N Sussman (Alt.3): —- Ricci: - Weiss: Abstain Scalora (Alt. 2) Y Chairman Neuer: Y Schwarzbaum: : Chairperson Neuer stated for the record that application ZB-21-01 M. Vega has been denied due to the failure to obtain five affirmative votes. The resolution will be voted upon at the next regular meeting (March 16, 2023).

2.) ZB-22-08/Flores (156 Main Street) (Carried from 12/15/2022) Block: 89; Lot: 21; Zone: B-1 156 Main Street Seeking variances for construction of a new two-family dwelling. PRESENTATION Mr. Frank Guagliardi, Esq entered on the record and gave brief synopsis from December 15, 2022 testimony. Ms. Genesis Carrera appeared on the record on behalf of the owner/applicant, Jose Flores, and was sworn under oath. He provided a little background on the applicant and what the intention is with the property. Ms. Carrera confirmed that Mr. Flores is her uncle and she has been managing the application on his behalf. She -stated that he is currently a West Orange resident who intends on building a two (2) floor residential structure. Ms. Carrera stated that he will reside on one (1) of the floors and rent out the other floor. NO BOARD QUESTIONS NO PROFESSIONALS QUESTIONS NO PUBLIC ADVOCATE NO PUBLIC QUESTION PRESENTATION Mr. Paulo Dantas, AIA was sworn under oath and his credentials as the applicant’s architect were accepted. Mr. Dantas referenced from the previous submission: o Sheet A-1 with a 7-28-2022 revision date o Sheet A-2 Floor Plans o Sheet A-3 Front and Side Elevations Mr. Dantas stated that, about the size of the home, when they obtained the code and the egress path provided, it showed consistency with the dining and living rooms. He continued to testify further stating that the lot coverage takes place at thirty percent (30%). BOARD QUESTIONS Chairperson Neuer asked about the dimensions of the garage. Mr. Dantas said that it is 17 feet wide. Chairperson Neuer asked about the width of a car. Mr. Dantas said the width is approximately 55 inches- 6 feet. Chairperson Neuer asked if anyone would be testifying regarding traffic Mr. Dantas stated that there is no intent to testify about the traffic. Chairperson Neuer asked what the reason is behind this property not being a single family as opposed to the two (2) families being proposed. Mr. Dantas said that there is no reason other than applicant preference and the variances are still required.

- Chairperson Neuer asked if cars would be backing out of the driveway onto Main Street. Mr. Dantas answered in the affirmative. - Mrs. Weiss asked for the dimensions of the proposed side yard. Mr. Dantas stated that the side yard is currently 3.1 feet and the town requires 8 feet on one side and 10 on the other. Chairperson announced the arrival of Mark Sussman (9:14 PM Arrival) - Mr. Scott asked if the houses will be integrated. Mr. Dantas said yes. - Mr. Scott asked if this property will be treated like an Air BnB. Mr. Dantas said that was not brought up. Mr. Guagliardi stated that the intention is for the bottom floor to be owner-occupied and the second floor to be a long-term rental. - Mr. Scott asked about the noise level of the neighbors. Mr. Guagliardi stated that the Planner will testify to that. Mr. Scott asked for confirmation that there will be two (2) units in total. Mr. Dantas answered in the affirmative. - Mr. Eben asked about the staircase’s footings; he said that they do not seem to coordinate. Mr. Eben also stated that, based on the drawings, they seem not to be self- closing. Mr. Dantas stated that this is not the case, but said that he will review and revise if necessary. - Mr. Barbee asked if there is enough room for a sidewalk pedestrian walkway. Mr. Dantas deferred that question to the engineer. Mr. Barbee asked if the height of the proposed building will align with the other properties in the neighborhood. Mr. Dantas stated that the building might be under the height and perhaps the same level as the garage. PROFESSIONALS QUESTIONS - No questions from Mr. Hess - Mr. Grygiel did not have any questions. However, recommended that the applicant have consistency regarding the walls on each side. NO PUBLIC ADVOCATE QUESTIONS PUBLIC QUESTION - Kevin Malanga (Ridge Road) asked how many garbage cans are going to be used regarding this property. Mr. Dantas stated that four (4) cans in total would be used. - Mr. Malanga asked where the garbage cans would be stored. Mr. Dantas said they would be stored on the landing pad in the garage. - Mr. Malanga asked where the water supply line would be. Mr. Dantas stated that there would be no need to run a line on an exterior wall. - Mr. Malanga asked how many lanes of traffic would there be on the street. Mr. Dantas deferred that question to the planner. - Mr. Darren Tobia (24 Columbia

need to run a line on an exterior wall. - Mr. Malanga asked how many lanes of traffic would there be on the street. Mr. Dantas deferred that question to the planner. - Mr. Darren Tobia (24 Columbia Street) asked if he visited the site. Mr. Dantas replied in the affirmative. - Mr. Tobia asked if he observed the neighbors/neighborhood. Mr. Dantas replied in the affirmative.

- Mr. Tobia asked if any research on the history was done in the area. Mr. Dantas replied no. - Mr. Tobia asked if Mr. Dantas was aware of the factory workers from the Edison factory in the area. Mr. Dantas replied in the negative. - Mr. Tobia asked if the new construction will blend in with the neighborhood. Mr. Dantas teplied yes. - Mr. Tobia asked if Mr. Dantas was familiar with the “Bayonne Box Criticisms”. Mr. Dantas replied no. - Mr. Joseph Vena (Stone Drive) asked if the lot is smaller than what is permitted for a two (2) family dwelling. Mr. Dantas replied yes. - Mr. Vena asked why a single-family dwelling is not being constructed. Mr. Dantas stated that it has to do with the misconstruing sizes and preferences of the owner/applicant. 9:50 PM-10:00 PM Break Chairperson Neuer stated for the record, upon return from break, that application ZB-22-08 Flores / 156 Main Street is being carried to the April 20, 2023, Regular Meeting and that no further notice will be required. Mr. Guagliardi gave consent on the record to the extension of decision time. Chairperson Neuer announced that application ZB-22-08 Flores is being carried to the April 20, 2023, Regular Meeting and that no further notice will be required. 3.) ZB- 21-21 Daughters of Israel Inc. (1155 Pleasant Valley Way) (Carried from 1/19/2023) 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. Before testimony, Chairperson Neuer announced that ZB-21-21 Daughters of Israel is scheduled for a Special Meeting on March 23, 2023. e PREVIOUS MEETING (12/15/22) EXHIBITS e (KDA Architectural Exhibits - Dated 11/2/2022) e A-2a- Existing Site Plan: An explanation of the conditions on the property. e 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. e A-2e- Lower-Level Plan: parking garage, fitness center, support space, and Independent Living Apartment Units e A-2d- First Floor Plan (Main Level): Independent Living Apartment Units, Common Spaces, Suite Acute Households, Support Spaces square footage of residential and administration

iving Apartment Units e 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

e A-2e- Second Floor Plan: Independent Living Apartment Unit households for skilled nursing e A-2f- Third Floor Plan A-2g- Fourth Floor Plan: Independent Living Apartment Units and skilling nursing units e A-2h- Roof Plan: solar panels and a green roof area with screening examples e A-2i- Southwest, South, and East Elevations e A-2j- Site Section A - Independent Living & Health Center Facing South e A-2k- Site Section B — Independent Living & Health Center Facing Southwest A-21- 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-2o- 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-2ec- 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. PRESENTATION - Mr. Howard Geneslaw, Esq. entered on the record and gave a summation of previous testimony from previous appearances on September 15, 2022, October 6, 2022, December 15, 2022, January 12, 2023, and January 19, 2023. - Mr. Connor Hughes, Traffic Engineer, was previously sworn under oath and confirmed that there were no changes in his credentials. Mr. Hughes confirmed that counts during the traffic study were taken during the height of the COVID-19 Pandemic. - Construction traffic includes material delivery and supervisory workers (40 trips); Table seven shows less, site analysis holds and signal time not needed. There are minimal to no changes in trip construction. To complete, pre-covid calculations and calculations provided during the pandemic are being utilized. BOARD QUESTIONS - Chairperson Neuer asked if the trip generated was lower than originally forecasted. Mr. Hughes replied yes. - Chairperson Neuer asked about the soil