March 1, 2023 Regular Meeting Minutes

MINUTES TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING March 1, 2023 7:30 P.M. The Township of West Orange Planning Board held its regular meeting on March 1, 2023 at 7:30 P.M. via virtual ZOOM videoconference. Chairman Bagoff called the meeting to order at approximately 7:30 P.M. He announced that notification of the meeting was given to the Township Clerk, and posted on the Township Bulletin Board, sent to the West Orange Chronicle and the Star Ledger, and posted on the Township’s website calendar. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act. No new matters will start after 10:30 P.M. PLEDGE OF ALLEGIANCE + Chairman Bagoff requested all persons stand for the Pledge of Allegiance. | ANNOUNCEMENTS ¢ The next Planning Board regular meeting will be held Wednesday April 12, 2023 at 7:30 P.M. ROLL CALL PRESENT: Dr. Robert Bagoff; Mr. William Wilkes; Mr. Ken Alper; Mr. Jerry Guarino; Mr. Christopher Morgan, Sr.; Mayor Susan McCartney(7:44PM); Mr. Peter Smeraldo; Councilwoman Tammy Williams; Mr. Sal Jensen; Mr. Cardoza; ABSENT: Mr. Klein ALSO PRESENT: Diana P. McGovern, Esq., Planning Board Attorney; Paul Grygiel, Town Planner; Mr. Dave Barry, Board Engineer; Sarabraj Thapar, Esq., Public Advocate Jamilet Baquerizo Vite, Planning Board Secretary

MINUTES & RESOLUTIONS (Adopted 3/1/2023) e PB-23-01 - Highlawn Inc (1 Crest Drive) - Draft Resolution Motion: Chairman Bagoff Second: Mr. Smeraldo Alper: Y Morgan: Y Bagoff: ¥ Smeraldo: Y’ Cardoza (Alt.2): --- Wilkes: nd Guarino: ¥ Williams: Y Jensen (Alt. 1): —- Klein: _ Mayor Susan McCartney: ---- (Adopted 3/1/2023) e 2-1-2023 WO PB Draft Minutes Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Morgan: ¥ Bagoff: Y Smeraldo: Y Cardoza (Alt.2): Y Wilkes: Y Guarino: 24 Williams: ¥ Jensen (Alt. 1): ¥ Klein: _ Mayor Susan McCartney: --- SWEARING IN ¢ The Township Professionals Mr. Paul Grygiel, Township Planner and Mr. Dave Barry were sworn in. ORDINANCE REVIEW e 2715-23 Revised Ordinance Governing Cannabis Businesses - 2.7.23 - Redlined

e Planning Review Memo 2715-23 Ordinance Amending Cannabis PRESENTATION Mr. Grygiel entered on the record and stated that the ordinance is an amendment to a number of regulations that are currently in the Township’s general licensing ordinance as well as in the land use regulation ordinance. Based on Mr. Grygiel report from February 21, 2023 it specifies the changes proposed to the Land Use Regulations Ordinance which are: ¢ To extend the existing distance from any cannabis entity to a school from 100 feet to 200 feet and this applies to any school not only the ones operated by the West Orange Board of Education. e A distance requirement from any house of worship which 200 feet will be required. e Clarify the parking requirements for the Cannabis entities. e And lastly, there is reference to the standards and criteria to any commercial signage will be similarly apply to a Cannabis business. In addition, in Mr. Grygiel’s opinion, there is consistency between the Master Plan and the general recommendation. BOARD QUESTIONS ¢ Chairman Bagoff asked if the Town ordinances have a definition of schools. Mr. Grygiel answered in the affirmative. ¢ Chairman Bagoff asked if the measurement from a house of worship and/or school start at the periphery and end at the periphery of the Cannabis location. Mr. Grygiel said that in the Ordinance states that it from the property line for both. Mr. Chairman also added that the ordinance should be consistence in how something is measure. And the Board suggests that clarification as to whether the limiting measurements cross municipal boundary lines be included. ¢ Chairman Bagoff asked if the Ordinance is pass by the Council, will the Council president or Mayor send it to our neighboring towns, so they will also be observant to our school and house of worship. Mayor McCartney said that she is not sure if other towns have approved the use Cannabis in their municipalities. ¢ Council president Williams asked if Mr. Grygiel could give more detail in regard to the parking requirements for the Cannabis entities. Mr. Grygiel said that based on Section 12.2 it states that it is one space for every 250 square feet of gross floor area. It will be the same type of requirement for the Cannabis business. e Chairman Bagoff recommends that the Council considers posting signs in playground, parks, and other places where children are

rea. It will be the same type of requirement for the Cannabis business. e Chairman Bagoff recommends that the Council considers posting signs in playground, parks, and other places where children are present prohibiting Cannabis consumption. e Mr. Jensen asked if preschools are included in the 200ft distance. Ms. McGovern said that the definition of school in the Code states that a “School” shall mean any building or part thereof that is designed, constructed or used for educational in any branch of knowledge, in which it only includes elementary and secondary education and Ms. McGovern is not sure if

preschool is considered elementary. Chairman Bagoff also included that there should be a zoning recommendation change to the definition section, so preschools can be included as a school. Mr. Alper asked if the existing letters of support recuses the Planning Board from making suggestions in land use regulations. Ms. McGovern said that the Planning Board reviews the ordinance and determines whether the revision or amendment is consistence with the Master Plan and can make recommendations in regard to those inconsistencies. PROFESSIONAL QUESTIONS PUBLIC ADVOCATE QUESTIONS Mr. Thapar asked what is the boundary to sell alcohol. Chairman Bagoff answered and said he believes it is 200 feet. PUBLIC QUESTION PUBLIC COMMENT* RECOMMENDATIONS: The point of measurement from the periphery of the property line of houses of worship, schools and any township owned properties to be included in the 200 feet. The distance includes anything within the boundary line even if it extends into a different municipality. Parking one space for every 250 square feet for retail establishment, but when it comes to industrial establishment the Planning Board recommends that the Council considers increasing from one space for every 400 square feet to 750 square feet. Planning Board recommends that the township post signed that Cannabis consumption is prohibited in township owned properties where children are most likely to be present. Motion: Chairman Bagoff Second: Mr. Smeraldo Alper: ¥ Morgan: Y Bagoff: iv Smeraldo: Y Cardoza (Alt.2): -_- Wilkes: 4 Guarino: Y Williams: Y Jensen (Alt. 1): _ Yes: =; Absent: Klein: - Mayor Susan McCartney: Y e Ordinance Amending Chapter 25 Section 47.5 (a) eliminating Chair term limits. 4856-2029-1915 v.1

e Planning Review Memo 2713-23 Ordinance Amending Chapter 25 Section 47.5 (a) PRESENTATION ¢ Council president Tammy Williams entered on the record and she stated that the Chairman is elected by the body and they are not being appointed by outside individuals. So, the Council decided that they will trust that each board will make their own selection of the Chair and Vice-Chair. Also, Mr. Smeraldo included that the board looks up to the Chair and Vice-Chair for guidance and leadership in each meeting. Mr. Grygiel entered on the record and stated that the ordinance is only focusing on the Zoning Board and that the ordinance is not inconsistence with the Master Plan. NO BOARD QUESTIONS NO PROFESSIONAL QUESTIONS NO PUBLIC ADVOCATE QUESTIONS NO PUBLIC QUESTION NO PUBLIC COMMENT* RECOMMENDATIONS ¢ One recommendation is that the Planning Board and Zoning Board are governed by the same ordinance. ¢ The Board also recommended that the ordinance should be for two years instead of one year, unless, the board cannot vote or elect a new chair or vice- chair, the existing chair or vice-chair will stay on until a new chair or vice- chair is elected. Motion: Mr. Smeraldo Second: Mr. Morgan Alper: ¥: Morgan: Y Bagoff: 4 Smeraldo: Y Cardoza (Alt.2): _ Wilkes: Y Guarino: _ Williams: ¥ Jensen (Alt. 1): 4 Yes: =; Absent: Klein: _ Mayor Susan McCartney: Y APPLICATIONS e PB-22-13 West Crescent Realty 14-16 Northfield Avenue Block: 17 Lot: 62 Zone: B-1

The applicant seeks to renovate the building into a high-quality mixed-use building, retaining retail/business uses and the warehouse on the ground floor and converting the upper floors into twelve apartments. PRESENTATION Mr. William Sullivan entered on the record and stated that the property is a 2.5story structure, with three retail spaces in which one is occupied by a beauty salon and the other two are vacant. He also stated that the upper floors were designed to be office spaces but they have been vacant for a long time. Mr. Sullivan stated that the applicant wants to renovate the building into a high quality mixed used building, retaining retail/business use on the ground floor and converting most of the warehouse in the rear into indoor parking. He also stated that they want to convert the upper floors into 12 apartments. Mr. Sullivan stated that in order to be accomplish this goal, the applicant is required to receive conditional use approval, minor site plan approval, a parking variance and a variance for existing non-conforming site conditions; He said that this is based on the Ordinance section 25-24.2(m) that says that a mixed-used developments shall be permitted as additional use in a B-1 and B-2 district subject to 4 conditions. Mr. Sullivan stated that the applicant went to the Town Council and Town Attorney to adopt a resolution permitting the mayor to sign a parking agreement. In that agreement the township will provide annual parking permits for up to 12 parking spaces for the tenants in the building to be renewed automatically on an annual basis for a total period of five years He stated that the owner will cover the fees and the owner will let the town know how many they actually need at that time. NO BOARD QUESTIONS NOPROFESSIONAL QUESTIONS NO PUBLIC ADVOCATE QUESTIONS NO PUBLIC QUESTION NO PUBLIC COMMENT* PRESENTATION Mr. Jose Izquierdo entered on the record, was sworn and provided his credential as architect and planner which were accepted by the board. The plans shown during the meeting were last revised on February 16, 2023. Mr. Izquierdo started his testimony describing the existing conditions that show an undersized driveway with stripe patterns that accommodate seven or eight spaces in which the car comes in from the street and enter face on, but they have to exit in reverse because there is no space for U-turn. He stated

ith stripe patterns that accommodate seven or eight spaces in which the car comes in from the street and enter face on, but they have to exit in reverse because there is no space for U-turn. He stated that the applicant will demolish the one-story portion of the building in the rear and replace it with a green area. The applicant is also proposing to create an indoor parking area with handicap spaces where the tenants will also have access into the interior of the building. Mr. Izquierdo also described the site circulation in which a car will enter from Northfield Avenue and it will make a right turn to the garage door. He said that once inside the indoor garage there will be 5 garage spaces to the right, 2 handicap spaces in the rear and also there will be bicycles racks spaces. Mr. Izquierdo stated that the retail spaces on the first floor are going to be extended in order to be able to have a store room with bathrooms. The lobby of the building is going to be located in the center of the building and the building on the right-hand side has a fire escape that will be removed. He stated that 6

they will add sprinklers throughout the building and each one of the floor plans will have two stairs that will comply with ADA and accessibility act. There will also be an elevator on the lobby floor in which the residents will have access to from the front door and a rear door coming in from the garage. Mr. Izquierdo stated that the second floor will have three one-bedroom apartments that will be located on the Northfield Avenue side of the building, one studio and five one-bedroom lofts in the back since the back of the building is 5 feet higher than the front of the building. He stated that the third floor will have two one bedrooms and one studio apartment; each apartment will be accessible to the handicap and physically impaired residents. The roof of this building is old and it may not sustain the weight of solar panels. Mr. Izquierdo stated that the front fagade of the building will be repaired and restored to its original conditions and will maintain the character and scale of the windows and building and that the tree in the rear will be replaced with a bench. He said that there are also two trees on the front of the building that will be replanted. Mr. Izquierdo stated that there is an egress on the west side of the building that will have new stairs that will go directly to the outside of the building; there will be a door that will lead to the yard and a 4 feet wide concrete sidewalk that will lead all the way to the green area at the back of the building; there will be 8 discrete wall mounted fixtures on the right side of the building to light the walkway and on the driveway area they will place 5 lights, 3 lights in the green are at the back of the building and 4 lights at the front of the building. He stated that the sustainability part of the project is that each apartment will have energy star appliances including its own laundry, heat and air conditioning. The applicant hopes that he will be able to add a small solar panel system to be able to operate the common areas and the elevator. The tenants will have a storage room available in the basement and there will a garbage room next to the elevator in which the tenants and the commercial tenants will remove their own trash to a dumpster behind the building and the Superintendent will take out the residential and commercial trash. There is no stormwater management plan because the applicant

ts will remove their own trash to a dumpster behind the building and the Superintendent will take out the residential and commercial trash. There is no stormwater management plan because the applicant is not changing the site except for adding grass. in the rear. In regard to the affordable ordinance in west orange, the applicant will sign in all appropriate documents that are required and make the appropriate number of units available and qualified under that ordinance. 335 Valley Road is a pizzeria around the corner from the applicant’s building and there is an existing license to allow vehicles to pass through and park in the back to make deliveries. Based on Mr. Hess review letter from March 1, 2023, section 2 which is for affidavit of ownership in which it needs to be clarify who the owner of the property is in which Mr. Sullivan responded that West Crescent Realty is the owner of the property. On item #52 the applicant will do everything that is required in regard to the COAH ordinances. Item #3 it will need a sign waiver for the driveway space. Item #4 the revised plans shows the indoor parking and getting rid one of the outdoor parking spaces. Item #5 a sidewalk was added to the plans, so the pedestrians have a connection between the side entrance, to the front of the building. Item #6 the applicant has agreed to tie in the roof leaders to the stormwater system. Item #7 the applicant needs to conform with County standards. Item #8 the applicant will work with the Engineer in order to decide what type of landscaping are required in the rear. Item #10 & Item #11 Details in which the applicant will provide to the Engineer. Item #12 the lights will have 2 different isolux patterns. Item #13 the applicants is not providing loading space, the vehicles making deliveries will be able to ark in the driveway space in front of the loading door or park in one of the exterior parking spaces. Item #14 is very hard for