June 15, 2023 Regular Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT MEETING June 15, 2023 8:00 P.M. Will be held virtually The West Orange Zoning Board of Adjustment held a regular meeting on June 15, 2023, commencing at 8:00 PM 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. ROLL CALL Present: William Michael Barbee, Jerome Eben, Philip D. Neuer, Peter Ricci, Peter Scalora, Irv Schwarzbaum, Brent D. Scott, Mark Sussman Absent: Alice Weiss Also Present: Paul Grygiel, Consulting Planner for the Township Alice Beirne, Esq., Board Attorney Diana L. Chandler, Board Secretary ANNOUNCEMENTS Future Meetings: June 22, 2023 (Special Meeting) July 20, 2023 (Regular Meeting) August 17, 2023 (Regular Meeting) - Chairperson Neuer announced that a special Meeting for ZB-22-12 Seton Hall Preparatory is scheduled for June 22, 2023, via Zoom. The aforementioned application will not be appearing and will be carried to a Special Meeting with no further notice. - Chairperson Neuer announced that ZB-22-13 MBP Realty/ 470 Eagle Rock Avenue is carried to the July 20, 2023, Regular Meeting with no further notice. - Chairperson Neuer offered an update on the search for the new Zoning Board of Adjustment attorney. There are six (6) applicants thus far and resumes will be circulated to Board Members.

MINUTES Adopt: January 12, 2023, Special Meeting Minutes Motion: Chairperson Neuer Second: I. Schwarzbaum Barbee: Y Scott: Dannemiller (Alt. 1) - Sussman (Alt. 3): Eben: Y Weiss: Ricci: - Chairman Neuer: Scalora (Alt. 2) Y Schwarzbaum: Y January 19, 2023, Regular Meeting Minutes Motion: Chairperson Neuer Second: I. Schwarzbaum Barbee: 4 Scott: Dannemiller (Alt. 1) - Sussman (Alt. 3): Eben: Y Weiss: Ricci: - Chairman Neuer: Scalora (Alt, 2) Y Schwarzbaum: ¥ L February 9, 2023, Special Meeting Minutes Motion: Chairperson Neuer Second: I. Schwarzbaum [ parbews Y Scott: Dannemiller (Alt. 1) - Sussman (Alt. 3): Eben: Y Weiss: Ricci: - Chairman Neuer: Scalora (Alt. 2) Y Schwarzbaum: Y

February 16, 2023, Regular Meeting Minutes Motion: Chairperson Neuer Second: I. Schwarzbaum Barbee: Y Scott: Dannemiller (Alt. 1) - Sussman (Alt. 3): Eben: Y Weiss: Ricci: : Chairman Neuer: Scalora (Alt, 2) Y Schwarzbaum: Y l= March 16, 2023, Regular Meeting Minutes Motion: Chairperson Neuer Second: I. Schwarzbaum Barbee: Y Scott: Dannemiller (Alt. 1) Y Sussman (Alt. 3): Eben: Y Weiss: Ricci: - Chairman Neuer: Scalora (Alt. 2) Y Schwarzbaum: March 23, 2023, Special Meeting Minutes Motion: Chairperson Neuer Second: I. Schwarzbaum Barbee: Y Scott: Dannemiller (Alt. 1) Y Sussman (Alt. 3): Eben: Y Weiss: Ricci: - Chairman Neuer: Scalora (Alt. 2) Y Schwarzbaum: Y

April 20, 2023, Regular Meeting Minutes Motion: Chairperson Neuer Second: I. Schwarzbaum Barbee: y Scott: Y Dannemiller (Alt. 1) Y Sussman (Alt. 3): y. Eben: Y Weiss: - Ricci: - Chairman Neuer: Y Scalora (Alt. 2) Y Schwarzbaum: Y L. May 11, 2023, Regular Meeting Minutes Motion: Chairperson Neuer Second: I. Schwarzbaum [ Barbee: Y Scott: Y Dannemiller (Alt. 1) - Sussman (Alt. 3): Y Eben: Y Weiss: : Ricci: - Chairman Neuer: Y Scalora (Alt. 2) Y Schwarzbaum: Y SWEARING IN e Township Professional, Mr. Paul Grygiel (Consulting Planner) was sworn under oath. RESOLUTIONS ZB- 21-21 Daughters of Israel Inc. (1155 Pleasant Valley Way) (Adopted 6/15/23) 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 was denied at the May 11, 2023, Special Meeting.

Motion to deny: B. Scott Second: W.M. Barbee Barbee: Y Scott: ¥ Dannemiller (Alt, 1) - Sussman (Alt. 3): - Eben: ng Weiss: - Ricci: : Chairman Neuer: - Scalora (Alt. 2) - Schwarzbaum: - L | APPLICATIONS 1.) ZB-23-03 - Penn - 11 Highland Place Block: 86.05; Lot: 18; Zone: R-5 11 Highland Place Request for interpretation of whether an electrolysis business qualifies as a “home occupation” PRESENTATION - Ms. Danielle Penn, applicant, entered the record and was sworn under oath. Ms. Penn stated that the proposed business (Electrolysis) at this property is going to be solely Owner-operated and not exposed to the house. She confirmed that there is no need for signage and no infringement or electrical interference. She testified further stating that clients will be seen by appointment only with a fifteen (15) minute grace period between cach appointment to prevent overlapping. BOARD QUESTIONS - Chairperson Neuer asked for confirmation of no off-street parking. Ms. Penn answered in the affirmative. Chairperson stated that Ms. Penn’s company “Default to Design” would not be able to be used in the home if this application were approved. Ms. Penn said that she understood and is willing to accept that condition. - Mr. J. Eben referenced the condition of Ms. Penn’s driveway and asked if she intends to have it paved. Ms. Penn said yes. - Mr. M. Dannemiller asked if'a lack of handicapped access is going to be an issue. Ms. Penn said no because they are allowed to go to the client for services. - Mr. W.M. Barbee asked for a description of the electrolysis process. Ms. Penn detailed the process. NO PUBLIC QUESTIONS PUBLIC COMMENT - Mr. Elliot Saltzman (9 Highland Place) entered the record and said that he is the next- door neighbor to the application site and has no issues with the application.

DISCUSSION - Ms. Penn agreed to comply with all of the restrictions listed in Ordinance 25-9.9 “No home occupation may be conducted in a legal owner-occupied one (1) family residence unless the following conditions are met: a) A simplified site plan indicating the location of the use on the premises within the principal structure and a written description of the occupation to be conducted shall be submitted to the Technical Review Committee of the Planning Board for approval. A Certificate of Continued Occupancy, Certificate of Occupancy, or Certificate of Habitability shall be required for home occupations. b) The proposed activity shall comply with the following: 1. Only one such activity shall be permitted on the premises within the principal structure, and such use must not be incompatible with or disturb the adjacent residential neighborhood. 2. The activity shall be conducted solely by a person or persons, and members of his/her immediate family, all of whom shall be residing full- time and permanently on the premises, and by no other person or persons living off the premises. 3. Not more than twelve and one-half. (12.5%) percent or one-eighth (1/8) of the floor area of the principal structure shall be used for such activity. 4. No display or advertising of products or services shall be visible from outside of the principal structure in which the activity takes place. 5. No outside storage in any way related to the activity shall be visible from outside of the principal structure in which the activity takes place. 6. No pick-up or delivery of materials to or from the premises in which the activity takes place shall be made, except by private passenger vehicle, licensed package delivery service, or US Postal Service. 7. The activity, including deliveries as described in paragraph 6, shall be conducted only between the hours of 8:00 a.m. and 8:00 p.m. 8. The activity shall not give rise to the need for on-street parking which shall interfere with the residential parking on the street adjacent to the principal structure in which the activity is permitted. c) The following activities related to home occupations are prohibited: 1. Any activity which creates noise, smells, or sights, which are ascertainable outside of the principal structure in which the activity takes place; 2. Any activity which causes interference with electrical or

vity which creates noise, smells, or sights, which are ascertainable outside of the principal structure in which the activity takes place; 2. Any activity which causes interference with electrical or electronic equipment off the premises in which the activity takes place; 3. A retail or wholesale salesroom(s) or showroom(s); 4. Any activity which involves the use or storage of hazardous materials as defined by law. 30 (Ord. No. 904-88 § 25-5.3I; Ord. No. 1140-92 § 1” - Ms. Penn thanked the Board and then said that the first step to operating this business out of her home was to gain Zoning Board approval. Then, she could apply for licensure with the State of New Jersey Cosmetology Board.

Motion: Chairperson Neuer Second: W.M. Barbee Barbee: Y Scott: Y Dannemiller (Alt. 1) Y Sussman (Alt. 3): - Eben: Y Weiss: - Ricci: Y Chairman Neuer: Y Scalora (Alt. 2) - Schwarzbaum: Y 2.) ZB-23-04 Seivright/13 Bromley Drive Block: 152.12; Lot: 7; Zone: R-5 13 Bromley Drive Seeking “c” variances for expansion of existing house PRESENTATION - Ms. Latasha Seivright, applicant, entered the record and was sworn under oath. Ms. Seivright stated that the overall request for her variances is for relief from rear and front yard setbacks with no interior renovation. The plan is to have an overhang for anew walkway, convert the driveway to a safer walkway for her children, and expand the area of the deck to only the lowest point. - Ms. Seivright testified further stating that her main reasons for this application are for the safety of her children and animals from the hot pavement in the summer, ease of access to the house, and cosmetic purposes. BOARD QUESTIONS - Mr. Dannemiller asked if the walkway and overhang will be enclosed. Ms. Seivright said no and that it will just be columns. Mr. Dannemiller followed up by asking how the overhang will it be attached. Ms. Seivright said that it will be over the door and will be open on both sides; not “tunnel” like. - Mr. I. Schwarzbaum asked if the gutters are going to be moved. Ms. Seivright said no. Mr. Schwarzbaum followed up by asking how water is not going to end up on the lawn. Ms. Seivright said that she assumes they will all flow through the proper channels and end up on the street. NO PUBLIC QUESTIONS NO PUBLIC COMMENT.

Motion: I. Schwarzbaum Second: W.M. Barbee Barbee: Y Scott: Y Dannemiller (Alt. 1) Y Sussman (Alt. 3): : Eben: Y Weiss: - Ricci: Y Chairman Neuer: Y Scalora (Alt. 2) - Schwarzbaum: Y 3.) ZB-23-02/Robert and Rachel Ciottariello Block: 170; Lot: 15.4; Zone: R-2 606 Mount Pleasant Avenue Secking use and bulk variances and minor site plan approval for mix of residential and commercial uses. PRESENTATION - Mr. John Dusinberre, Esq. entered the record on behalf of applicant, Mr. & Mrs. Robert and Rachel Ciottariello. - Mr. & Mrs. Robert and Rachel Ciottariello were sworn under oath - Chairperson confirmed that Mr. Hess was not at the meeting. - Mr. Dusinberre stated that the application site, 606 Mount Pleasant Avenue, was purchased in 2010 and is adjacent to the Environmental Center, He said that the nature of the site is a single-family residence and the goal is to create a landscaper storage yard. In turn, making it for Commercial use in a residential yard. Mr. Dusinberre stated that when the property was purchased, there was a business back there, so Mr. Ciottariello was under the impression that it was approved, when in fact it was not. Mr. Dusinberre continued by stating that it will consist of mainly gravel so no impervious coverage will be eliminated. He also requested that an Environmental Impact Statement be waived. Chairperson Neuer stated that the request is denied until testimony is received. BOARD QUESTIONS - Chairperson Neuer asked since the property was purchased in 2010 what was the property used in the back prior to the closing. Mr. Ciottariello said that the previous owner’s nephew ran an unapproved landscaping business. Chairperson asked where the trucks are stored. Mr. Ciottariello said they are stored at 26 Eisenhower Parkway in Roseland, NJ. The Chairperson announced on the record the Planning Board/Zoning Board affiliation with his legal practice and how he believes his being a part of this application is not a conflict of interest due to the statute of time that has passed. Chairperson asked who is living on the property. Mr. Ciottariello said that it is occupied by a coworker and is a single-family household. Chairperson asked what kind of trucks are on the property. Mr. Ciottariello said that there will be five (5) trucks, three (3) box trailers, three (3) utility trailers, a Bobcat, and a mini excavator (for digging).

Chairperson asked what are the hours of operation. Mr. Ciottariello stated the hours being during the week 7:30 AM- 3:30 and Saturdays 7:30-1:00 PM. They are not operational on Sundays. Chairperson asked how many trips are taken on a given day. Mr. Ciottariello said in the morning and afternoon there are three to five trips in each section of the day. Chairperson asked if there is signage. Mr. Ciottariello said no. Chairperson asked if there is interaction with the public or the sale of any retail goods. Mr. Ciottariello said no. Chairperson asked for confirmation that only landscaping business storage would be on the premises. Mr. Ciottariello answered in the affirmative. - Mr. I. Schwarzbaum asked, in 2010 what kind of business were they told was on the premises. Mr. Ciottariello said that it was a construction business. Mr. Schwarzbaum asked if a Certificate of Continuous Occupancy was issued. Mr. Ciottariello said yes but only for the house; not for the business. - _ Mr. W.M. Barbee asked for confirmation on the number of vehicles. Mr. Ciottariello said it depends on the time of year but approximately five (5). - Mr. B. D. Scott asked if the storage includes pesticides and, if so, does the applicant have a license. Mr. Ciottariello said that he has a license but does not use it as they use only organic materials. Mr. Scott asked if this would be considered a family-run business. Mr. Ciottariello said that it is a staff-run business. Mr. Scott asked for confirmation of the days and hours of operation being six days a week. (Weekdays 7:30 AM-6:00 PM; Saturdays. Mr. Ciottariello answered in the affirmative. - Mr. M. Dannemiller asked if they will be cleaning trucks and trailers on site. Mr. Ciottariello answered in the affirmative. Mr. Dannemiller asked if maintenance will be done on-site. Mr. Ciottariello said no that his company has a contract with West Essex Sunoco. Mr. Dannemiller asked if there are idling issues on the premises. Mr. Ciottariello said that there are no issues. - Mr. J. Eben asked if the concrete walls will be used for storage. Mr. Ciottariello said yes. Mr. Eben asked if they are going to be permanent. Mr. Ciottariello said that they weigh 1,000 pounds apiece so there is no chance they are going to be moved anytime soon. Mr. Eben asked what the outcome would be if'a truck hit them. Mr. Ciottariello said that the truck would