April 12, 2023 Regular Meeting Minutes

MINUTES TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING April 12, 2023 7:30 P.M. The Township of West Orange Planning Board held its regular meeting on April 12, 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 May 3, 2023 at 7:30 P.M. ROLL CALL PRESENT: Dr. Robert Bagoff; Mr. Ken Alper; Mr. Jerry Guarino; Mr. Christopher Morgan, Sr.; Mayor Susan McCartney; Mr. Peter Smeraldo; Councilwoman Tammy Williams; Mr. Sal Jensen (7:43PM); Mr. Cardoza; ABSENT: Mr. William Wilkes ALSO PRESENT: Diana P. McGovern, Esq., Planning Board Attorney; Paul Grygiel, Town Planner; Mr. John Hess, Board Engineer; Sarabraj Thapar, Esq., Public Advocate Jamilet Baquerizo Vite, Planning Board Secretary

MINUTES & RESOLUTIONS (Adopted 4/12/2023) ¢ PB-22-13 West Crescent Realty LLC (14-16 Northfield Avenue) Motion: Chairman Bagoff Second: Mayor McCartney Alper: ¥ Morgan: Y Bagoff: Y Smeraldo: Y Cardoza (Alt.2): Y Wilkes: _ Guarino: i Williams: Y Jensen (Alt. 1): -- Klein: -— Mayor Susan McCartney: Y SWEARING IN ¢ The Township Professionals Mr. Paul Grygiel, Township Planner and Mr, Dave Barry were sworn in. APPLICATIONS ¢ PB-20-03/The Alpert Group, LLC 18 Central Avenue Block: 9; Lots: 32, 36; Zone: Central Valley Corridor Redevelopment Area Mixed use project with 94 residences, 1223 of amenity, 3640 sf of commercial space and related infrastructure- request for extension of time. PRESENTATION Mr. William Sullivan, Esq entered on the record on behalf of the applicant The Alpert Group LLC. He stated that the applicant obtained approval by the Board in 2021 for the next phase of the redevelopment of the Central Valley Corridor in the Valley Under the ordinance, approvals expire unless the applicant starts construction or requests an extension before two years from the date the resolution was adopted. Mr. Sullivan stated that this area is significantly contaminated and, under the redevelopment agreement between the township and my client, the contamination is being investigated and then being remediated by Matrix New World, a consultant retained by the Township. They have delineated the contamination and are now in the process of getting an approval from the DEP

that is required for the remedial action for the necessary approvals before the work can be done. This will include contaminated soil removal and all the things that are typically found in situations like this, particularly on the site known as the Biddleman property which is where the one building that's still standing. He said that you may know the smokestack next to the Krauzers and the dry cleaner almost at the corner of Central Avenue, Mr. Sullivan stated that is the most significantly contaminated area of the site and the work is well underway. He said that they are working with the Township to move it along as quickly as possible to get the approval because this is a very important project not just for my client but also for the town. Mr. Sullivan said that my client respectfully requests an extension so that we can do what we have to do to get the approval, get the remediation done and then build the project. BOARD QUESTIONS Chairman Bagoff asked how long this will take before you will be granted approval to start. Mr. Sullivan said they will obtain approval of the remedial action work plan within the next two to three months and then work can commence it doesn't mean construction is going to commence. NO PROFESSIONAL QUESTIONS NO PUBLIC ADVOCATE QUESTIONS NO PUBLIC QUESTIONS NO PUBLIC COMMENT Motion: Chairman Bagoff Second: Mr. Smeraldo Alper: ¥ Morgan: Y Bagoff: 4 Smeraldo: Y Cardoza (Alt.2): Y Wilkes: -— Guarino: Y Williams: ¥ Jensen (Alt. 1): — Klein: Y Mayor Susan McCartney: Y ¢ PB-22-14 Crest Ridge Realty LLC 200 Mount Pleasant Avenue Block: 80.03 Lot: 36 Zone: R-G Addition of 986 square feet work out room next to the existing pool house and wooden fence on the property. PRESENTATION

Mr. Jeffrey Chang, Esq. entered on the record on behalf of the applicant. He stated that the applicant is requesting a minor site plan amendment for the dumpster’s relocation and the bulk variances for two story community gym building adjacent to existing pool house. There will be a general area, a kitchenette and manager’s office on the first floor approximately 900 by 2.86 square feet in size and a gym and two changing rooms on the second floor approximately 1242.44 square feet in size. Mr. Chang stated that the final plans that we resubmitted include the dumpster relocation; he said that the applicant can describe further about how that came to be, but basically back in 2018-2019 there were some relocation dumpsters as accommodation to the residents just to give them more options of where to put their refuse. Mr. Chang stated that when it was done, he believed, administratively, they had permits when they were installed. He stated, for clarification, that the workout room is only for residents. Mr. Chang stated that two trees will be removed around the pool to accommodate the improvement and there will be a concrete sidewalk reconstruction on both sides of the development. He stated that here is an existing nonconforming rear yard setback of 37.4 feet, where as 75 feet is permitted there are two variances that we have our planner that would justify the board section 25.7.1 and 25-28.8 maximum lot coverage of 42.8% is proposed for 42.6% exist and 40% is permitted. It's the applicant’s contention that is at the minimum increase and also variance for section 25.8.8 a maximum height of accessory this building at a residential zone of two stories and 24 feet 8 inches is propose for 1.5 story and 15 feet is permitted. Mr. Tal Steinberg, property manager, entered on the record and was sworn under oath. He stated that this is a 178-unit apartment community in West Orange, in which the applicant would like permission to build a gym on the property for the benefit of the residents only; he said that it will be open 24/7. Mr. Steinberg stated that the pool is open from 10:00AM to 6:00PM from Memorial Day to Labor Day. In regard to the dumpsters, it was decided a few years ago to add two locations for dumpsters because it's a 12-acre property and residents had to carry their garbage all the way to one area, he said that it will be easier for residents to get rid of

ears ago to add two locations for dumpsters because it's a 12-acre property and residents had to carry their garbage all the way to one area, he said that it will be easier for residents to get rid of their trash. He also stated that the permits were approved. NO BOARD QUESTIONS Mr. Klein asked how many handicapped accessible apartments there are. Mr. Steinberg said he is not sure how many, but there are some available. PROFESSIONAL QUESTIONS Mr. Barry asked how does the applicant feel with regard to installing gates on these enclosures. Mr. Steinberg said they can comply with that request. Chairman Bagoff asked at what time does the dumpster get emptied. Mr. Steinberg is not sure, but will find out the answer. NO PUBLIC ADVOCATE QUESTIONS PUBLIC QUESTION Kevin Malanga of 57 Ridge Road asked if the dumpsters will be located in the front yard of the apartment complex. Mr. Steinberg said no. NO PUBLIC COMMENT* PRESENTATION The engineer Mr. Paul Anderson entered on the record, he was sworn under oath and his credentials were accepted by the board. He stated that the facility has 16 two-story apartment buildings, a pool and a pool house. The site plan was submitted with the application and you can see the pool house is located in red in the rear of the site Mr. Anderson stated that it is surrounded by apartment buildings that are two stories and you also have a rock Cliff behind the property. He said that it is somewhat isolated

from all the adjacent properties in terms of anyone being able to see it or having any impact to the adjoining properties. Mr. Anderson stated that there are variances required for the second story and also for the lot coverage from 42.6 to 42.8% where 40% is permitted, where the existing dumpsters are located. The grass area where the addition is being proposed, which is on the opposite side of the cliff face from the next to the pool building, it's a fairly level area and there's not much there to remove. Mr. Anderson stated that the addition will not have any new utilities that will utilize the water sewer, gas and electric services that are already connected to the pool house; the only new utility would be the roof leaders that are connected from the building to the existing inlet that is located in the yard which is 20 feet away from the proposed building. There will be minimal grading and disturbance associated with this project. The landscape and lighting plan associated with the project was not to allow swimming at night so there are just wall packs on three sides of the building that provide lighting for the sidewalk to get in the building and for people coming in and up to the recreation facility. Mr. Anderson stated that the landscape plans are fairly simple; with foundation plantings and one new tree proposed but if the board chooses to have them plant more trees, they can add additional trees because there's plenty of places to put additional flowering trees or shade trees. Mr. Anderson stated that there are two C variances required for this project; The maximum lot coverage from section 25-7.1 40% is permitted 42.6% is existing and 42.8% is proposed which is an extremely minor increase in the impervious coverage. Also, from accessory building height 25-8.1F one story is permitted, but two stories are being proposed. The variances are justified with the C2 criteria. The added amenity for the apartment complex meets purpose of zoning G providing space in appropriate locations for recreation on site. Also, it meets the purpose of zoning C, but with the two stories instead of one because it reduces lot coverage and provides more light, air and open space for the residents in the area. It also minimizes the increase in the impervious coverage required. The negative criteria or the negative impacts of this project are minimal such as the location

space for the residents in the area. It also minimizes the increase in the impervious coverage required. The negative criteria or the negative impacts of this project are minimal such as the location of the addition in the back of the site that is not visible from the neighboring properties, it's buffered by the two- story apartment buildings and the rock face to the rear so it is not visible to the neighbors. There's very little impact to any of the adjoining properties and the amount of impervious coverage is .2% in addition to what's already there and that's relatively minor. The roof leaders will be connected to the storm drains so the storm drainage from this will be controlled; he said that it isn't a relatively flat area of the site so additional runoff is not really that concerning from an erosion standpoint. In conclusion, the benefits outweigh the detriments in a substantial way and the variances can be granted without substantial detriment to the zone plan ordinance or the neighborhood. BOARD QUESTIONS Chairman Bagoff asked if the present building will be demolished or rebuilt. Mr. Anderson said that it will remain, but the Architect can give more specifics. Chairman Bagoff asked would it be possible to put a dumpster between the existing pool building to the right and Mr. Anderson said that it is possible, since there is a lot of room.

Chairman Bagoff asked if pick up or delivery of the of the garbage trucks would in any way be detrimental to the rock face. Mr. Anderson responded in the negative, rock face is currently solid there's been studies by another engineering company who has looked at its condition and they designed the fence to protect from falling rocks. He said that they periodically go up and knock off loose rocks. Mayor McCartney asked that the applicant review the tree ordinance regarding the replacement of the two trees. Mr. Anderson said that either they will be in compliance or you have the four trees that were just mentioned; He said that if the four exceeds compliance, then they will plant the four. Chairman Bagoff asked if the roof will be white. Mr. Anderson said that is for the architect to answer. Council President Williams just wanted to understand the direction of the lighting if it will be facing down and if it will have any impact on any of the neighboring apartments; also, will that lighting be automatic. Mr. Anderson said that they have not talked about the dust or dawn element of it, but there are 4 wall packs that are mounted on the wall of the building that are not that high and basically provide light for the grass and sidewalk and are fairly well cut off before they get to the apartments across the way. Diana McGovern asked if it is a condition that the lights are to be on from dusk to dawn. Mr. Anderson said it's a 24-hour facility according to the applicant, so someone could come in with a card and work out at 10:00 at night, it would make sense to have the sidewalk lit all night. Mr. Alper asked how many feet would the building be from the rock face and related to that, have there been any instances of falling rocks. Mr. Anderson said that he is not sure of the entire history of it. He did look behind the fence and did not see any significant buildup of rocks that indicate any recent falling; he said that it looked fairly solid to me. Mr. Guarino asked a question which pertains to the potential development of the other project that was put on hold; he asked if that project were to move forward would that have any impact on the rock face. Mr. Anderson said he is not clear with the development at the top of the Ridge, but if they were to comply with your ordinance, I would think that it should have minimal impact on the property below. Mr.

Anderson said he is not clear with the development at the top of the Ridge, but if they were to comply with your ordinance, I would think that it should have minimal impact on the property below. Mr. Smeraldo asked if there are any plans to replace the fence or is there plans to repair the fence because it needs some significant attention. Mr. Anderson said the fence will be replaced. Chairman Bagoff asked if there are handicap and guests spots in the parking area Mr. Anderson said this project was never to add parking or to modify the parking; he said that this application is for residents who are to park at their apartment and to walk to the gym or pool area so it wouldn't require additional parking up in the vicinity. Mr. Anderson stated that is why we did not modify or add ADA spaces in that location. Chairman Bagoff asked what if someone at 3:00AM has a medical issue or a cardiac event, how they are going to get help, how they are going to notify somebody will there be a button or something voice activated that they can call for help. Mr. Anderson said that if the applicant wants to add emergency button, it certainly can add that on the interior of the building very easily with connection to emergency services. And in regards to fire prevention and smoke alarms everything required by the building code, it will be provided on the interior of the new building. Mr. Smeraldo asked if AED will be available at the new building. Mr. Anderson said that he agrees to adding the AED to the new building.

Chairman Bagoff asked if there will be an emergency standby generator. Mr. Porter said that there is none shown on the plans. Chairman Bagoff asked if any of the water that comes off the leaders will be use to feed the ground as oppose to using sprinkler systems. Mr. Porter said that it is certainly possible, but sprinkler system has not been proposed. NOPROFESSIONAL QUESTIONS NO PUBLIC ADVOCATE QUESTIONS NO PUBLIC QUESTION PUBLIC COMMENT* PRESENTATION The architect Mr. Brent Porter entered on the record, he was sworn under oath and his credentials were accepted by the board. He said that there will be a two-story building that will have hardy board panels and cedar planks. It will have the tall glass; the roof of the existing building is going to be taken down and flattened and it will be a new white roof. The building design is a modern structure with traditional colors matching the surrounding development. The ground floor will have the main lobby, there will be an office and a bathroom for the staff and it will have the changing rooms for male and females. The second floor will have the workout room and there will two large changing rooms with bathrooms. In terms of the overall building, they feel that they have done a nice job with the glazing to find plenty of daylight and they feel that the brick will work well with the existing neighborhood. The quality of the new building will provide access at the hours that have been stated for the use of the gym upstairs. The building height is 24 feet 8 inches measured from the proposed average grade to the top of the roof which complies the there are areas of green aspects to making energy conscious. BOARD QUESTIONS Chairman Bagoff asked if the roof will be white. Mr. Porter said there will be a white roof that will help to decrease the heat buildup inside. Chairman Bagoff asked about the glazing in the front and will that light shine out onto the apartment building across the way when somebody's in there at 3:00 in the morning Mr. Porter said no since the lighting will be adjusted and will have minimal projection. Chairman Bagoff asked if somebody's in there at 3:00 in the morning on one of the exercise machines, what would happen if they have a medical event. Mr. Porter said that there will be a way to contact emergency telephone numbers on the site. Mr. Alper asked if the entrances and exits are to