April 12, 2023 Regular Meeting Minutes

achines, 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 the pool area. Mr. Porter said the new building will allow you to come in and go out in an easy way to the pool. Mr. Alper asked is there a plan or a way to keep people who are in the gym building from leading to the pool area when the pool is closed at night or out of season. Mr. Porter said that the residents won't have access to the pool late at night. Mr. Smeraldo asked what is entailed for the Fire Protection Systems that go within that building. Mr. Porter will defer the question to the Engineer. Mr. Smeraldo asked what is the current staff size and will the new office accommodate the current staff or any anticipated staff. Mr. Porter said that the office will have a desk and a round table to fit all the staff. Chairman Bagoff asked if there is an incident in the pool, how close can an emergency vehicle get to the pool area and if you're putting a new fence in would it

be possible to put an access for an ambulance to back up to the pool. Mr. Porter said that current open area is all open and directly back to the floor area, it has double doors, so an emergency vehicle could back up right in front of those double doors and immediately go to the pool. Chairman Bagoff asked will this new project be the same height as the two-story buildings in the area. Mr. Porter said that it will not be in excess to the existing height of the buildings. NO PROFESSIONAL QUESTIONS PUBLIC ADVOCATE QUESTIONS/COMMENTS Mr. Thapar said that if they will start losing a lot of money because people who are ADA that don't live there will want to live at some other place, so it will force them to do it. However, he thinks that effectively does create a community where they are essentially keeping out anyone who has a disability by having the gym on the second floor and not having capabilities to get up, so people will come they'll look at the area they say show me the gym, they'll see the gym on the second floor and decide to find another place to live and one by one that it will continuously happen. He also thinks in effect they will be keeping out anyone who has a disability from residing at this facility PUBLIC QUESTION Kevin Malanga at 57 Ridge Road asked if the second floor is only accessible by stairs. Mr. Porter answered in the affirmative; he said that the rules are if there are 10,000 steps or less then you're not required to have an elevator. The stairs will be 4 foot wide and there may be a lift put on the stairs railing if necessary but the elevator isn't required to reach the second level. BOARD COMMENT* Ms. Williams made the comment that she is a real estate professional for over 20 years in the business and that is an opportunity for her to assist persons with disabilities often as well as persons without disabilities. So, she will advocate on clients that she has supported and assisted with residential needs that if they have them, they absolutely disclose that information. Since the residents are absolutely seeking opportunities where they do have accessibility, so if there is a need she has no doubt that a person with those needs will absolutely vocalize and she is very comfortable in recommending that the management pull the current residents to ask, if there is a need and it's requiring a condition that if that need arises

s will absolutely vocalize and she is very comfortable in recommending that the management pull the current residents to ask, if there is a need and it's requiring a condition that if that need arises and then we require them to institute some type of accommodation. She doesn’t think is required looking at the fact that there are no handicap accessible parking spaces currently on the premises, listening to the testimony of several professionals indicating it is a very steep location doesn't mean that someone without necessary accommodations wouldn't live there. But again she doesn’t want to insist that the board puts an unnecessary cost or hardship on management when there is not a need. She would be very comfortable in saying if the need arises, then they will be required to do so. PUBLIC COMMENT* Ms. Linda Stiles indicates that on Tuesdays and Fridays between 6:30 and 8:00 the garbage collected from the dumpsters and she's indicating that it is a noise issue.

Chairman Bagoff recommended to contact the West Orange Public Works Department, so Ms. Stiles can direct them to a different pick-up time. Kevin Malanga at 57 Ridge Road said that it's reasonable to say that most tenants would be afraid of retaliation if they requested the landlord to install a stair lift just for them, he thinks that it's fair to say that we will never see a stair lift at that facility whether or not it's needed. It will be fair for the landlord to have it as a condition for approval to install the stairlift. CONDITIONS © Gates to the two-dumpster enclosure will be in place within 30 days and maintained in good repair. Applicant will plant and maintain four additional trees. The new roofs will be white color. ¢ The fire lanes must be repainted throughout the complex. ¢ Applicant must create one ADA parking space and one visitor space located by the new office. ¢ AnAED shall be located in the most accessible area. ¢ Rain barrels or other approved method to reclaim as much rainwater runoff. ¢ The applicant shall work with the Public Advocate for a practical solution to accommodate persons with disabilities who may need to use the second floor. Motion: Chairman Bagoff Second: Mayor McCartney Alper: b 4 Morgan: a4 Bagoff: Y Smeraldo: Y Cardoza (Alt.2): _ Wilkes: — Guarino: Y Williams: ¥ Jensen (Alt. 1): Y Klein: Y Mayor Susan McCartney: Y ¢ PB-23-02 Dogwood Green, LLC 5 Central Avenue Block: 10 Lot: 1.01 Zone: I — Industry The applicant is proposing to renovate the interior of the building for a cannabis dispensary. PRESENTATION The attorney Mr. Richard Schkolnick entered on the record on behalf of the applicant. The applicant is requesting conditional use approval for a cannabis dispensary and the applicant has confirmation from the town planner memo that all conditional use standards for a cannabis retail facility have been satisfied. They are also seeking minor site plan approval for some modest changes to the existing property. Those changes include resurfacing the

parking lot, install a garbage enclosure, installing a pad for a backup generator, replacing a security fence and add a security gate, also add lighting and cameras and some modest signage. The applicant is requesting a variance for impervious coverage. They are adding 112 square feet which is for the trash enclosure and the concrete pad for the backup generator that pushes them from 88.21% to 89.07, so they are increasing impervious by less than 1% with 75% permitted in the zone. The applicant is also requesting variances related to the signage which architect is going to discuss in more detail. Also, the applicant met with chief Abbott to make sure the local community is comfortable with the security plan. Mr. Scholnick introduced the architect Mr. Ron Elkins in which he entered on the record, he as sworn in and his credentials were accepted by the board. The property is an existing building, it’s approximately 2,050 square feet, it was a bank most recently as a Paragon Federal branch within the industrial I zone of which cannabis retail is allowed as a permitted conditional use and as mentioned before the property does meet all of the conditional use standards. This property is 1 1/2 story - it's really just essentially one story but it's a tall building. The rear parking lot will be resurfaced and restriped to accommodate the parking layout which does meet the standards of the retail. The applicant is required to have 8 parking spaces, but they are proposing 11 parking spaces. On the plans it shows a generator which is essentially just to provide power for low voltage security electronic door locks, video cameras and any other essentials needed to satisfy the state requirements. A trash enclosure will be added, since in the state of New Jersey all cannabis or all cannabis related waste is required to be stored within the building itself, until a private hauler does remove it on a scheduled basis. They are also including a new fence around the entire property, all three sides. As well as new security gates in the front of the property, in which those will only be closed off during non-operating hours. They will be using the vault already installed at the property. They are still maintaining the pedestrian access to the front of the property, although separating that into entrance and exit vestibules, so customers get their identification checked by going

perty. They are still maintaining the pedestrian access to the front of the property, although separating that into entrance and exit vestibules, so customers get their identification checked by going to the security desk to make sure that they're over 21 and then they're allowed into the retail floor, so then once they make their purchases or pick up their items based on their online orders, they exit through a different vestibule mainly just to keep customer flow efficient and the customer experience quick. The handicap accessible entrance for disabled customers is maintained through the rear of the property, this is the existing location currently, so disabled customers will park in existing handicap space, access the building from the existing sidewalk and existing sidewalk ramp to the rear door. There will be an intercom at the rear of the building notifying the employees that someone is there needing assistance, they would be allowed into the hallway and escorted into the property. They are also adding a number of security cameras and identification points throughout the building, the red circles on the plans are 360 degree cameras throughout the property, the blue designation is 180 degree cameras and then the green cameras are just single directional high definition cameras basically at every entry and exit point as well as every purchase point of the cash registers, ATM's and other features, basically everything will be captured and stored from the time the customer entered the building, to the time they exit the building just in case there's an emergency, so they are covering the building 360 degrees on the outside as well as the inside. There is an existing rooftop unit that is well past its usable life span so that's going to be replaced in the same location and will add a screen around the rooftop. The exterior of the building will be kept intact, only adding the screen around the rooftop unit, the security fencing and the security gates around the property. They will be staining the brick and painting certain areas to just give it a new look as well as replacing the signage that is currently there. At the rear of the building, they are proposing to add a new entrance mainly just to provide a secure entry point for deliveries of cannabis products. Loading zones is not required for this application as they are under the 2500 square foot

oposing to add a new entrance mainly just to provide a secure entry point for deliveries of cannabis products. Loading zones is not required for this application as they are under the 2500 square foot threshold. The proposed 10

loading conditions which from my understanding are going to be proposed mainly not during non-operating hours when the parking lot would be vacant and also the security gates could be closed so it's a secure entry point for deliveries. The existing tree is in the way of the trash enclosure so we're proposing to remove that tree and propose to screen the generator in the rear of the property with landscaping so it isn't visible from Central Avenue. The vegetation that they have proposed looks like it's not the best option, so we are looking at alternatives that were proposed or recommended. The trash enclosure and the concrete pad total around 112 square feet. The addition of the trash enclosure was mainly due to the fact that there was an existing enclosure and the addition of the generator pad was to give a level spot for the generator to be installed, which is a requirement to provide backup power for security equipment, since cannabis businesses are required to be self-monitoring 24/7. They will have a carbon filtration system that will be outside of the typical heating ventilation and air conditioning system to clean any odors that may come from the storage or the sale of the cannabis products, so there won't be any disturbance to any of the neighbors in the in the immediate area. Although they are not really changing the site as far as the pedestrian access from the parking spaces to the front of the building or the rear of the building if someone is parking in the handicap space, they are striping the property to basically designate the safe pedestrian walkway, to the public way on the South of the property in order to access the building. A new ramp was recommended at the northwest corner of the building from this existing sidewalk and that'll be easy to comply. The applicant will adjust the existing handicap ramp up to the existing sidewalk to accommodate that that site strike aisle. The system they are planning on using is some of the existing light fixtures that were on the building already and there's also some pole lights in the corner the northeast and northwest corners of the property currently. The architect thinks that the foot candle ratings were coming down lower is that the vegetation is overgrown currently, so once that's maintained and cleaned up that will give more access for the lights to land on the surface of the parking as well as

ere coming down lower is that the vegetation is overgrown currently, so once that's maintained and cleaned up that will give more access for the lights to land on the surface of the parking as well as changing those light fixtures to more modern and higher efficiency LED security lights. On the west facade the bank had bulletproof window drive up teller stations, in which the applicant is planning on using those as order pickup windows. So, from the architect understanding, a customer would make their order online, schedule a 15-minute time slot window time as to when they're coming to pick up the order and drive around, pick up and go. All the orders will be prearranged and prescheduled. The other window will remain but they will board that up on the inside, they will cover it with an opaque security film and essentially building a wall inside that existing opening and it won't be use for anything at all. They are proposing a new sign that will be located at the same place as the previous one and it will not be illuminated. The blade sign will be located at the southeast corner of the property and it will around 24 inches in diameter. On the southwest corner is going to be essentially a logo sign with a small box sign below to just outline the cannabis dispensary. BOARD QUESTIONS Chairman Bagoff asked if the emergency standby generator is tested every week. Mr. Elkins believes it is every week and it's also natural gas powered and the testing will be done during the day. Chairman Bagoff asked if in the vault area there will be an emergency button just in case somebody gets stuck in there. Mr. Elkins said answered in the affirmative and said that every room of the dispensary will have a panic alarm and an intercom. Chairman Bagoff asked if the applicant will stripe the parking lot for fire zone and how high is the fence. Mr. Elkins said if it is a requirement they will comply and said that the fence is 6 feet high.

Chairman Bagoff asked if they are redoing the roof. Mr. Elkins said they are not redoing the roof, but there might be some patches that have to be done. It's currently in decent shape, but he thinks once they get up there and start doing construction on the property, they will probably end up resealing the roof. Also, the roof already has a highly reflective coating that will be maintained. Council President Williams asked if the signage could be more discreet by taking down the word Cannabis and the Cannabis leaf proposed on the plans. Mr. Schkolnick said that they will take the recommendation under advisement. Mr. Guarino asked if there will be clear lines of sight for cars exiting and entering the facility to prevent any accidents of pedestrians. Mr. Elkins said that the property has a significantly set back from the street, they do have a quite a bit of open space and he believes it’s probably 20 feet or more from the edge of the curve to the edge of the building, so there will be a lot of space. Mr. Klein asked about what the applicant will do to the steps in front of the building on the left side. Mr. Elkins said that they were thinking about putting a handicap ramp, but because Dogwood Green is renting the space there is a city easement. Mr. Smeraldo asked what is the actual capacity between staff and occupants based on the design. Mr. Elkins said that the building code occupancy is 20 between employees and customers. BOARD COMMENTS Mayor McCartney said that it is totally unacceptable to have a drive through window for this type of operation. People need to be identified even though the customer place the order online. And she doesn’t see a reason why the second window needs to be boarded up; it is just aesthetically not pleasing. Council President Williams recommends that the applicant removes or boards up the window completely to provide more security and also that the applicant considers removing the drive through window from the application. And Council president wants to make sure that the property is 100% secured by cameras. PROFESSIONAL QUESTIONS Mr. Barry asked if Mr. Elkins could clarify what he means by resurfacing. Mr. Elkins said that there are some superficial cracks the paint has mostly faded, so it is his understanding that the parking lot would be ground and resurfaced. NO PUBLIC ADVOCATE QUESTIONS PUBLIC QUESTION Mr. Brown