August 17, 2023 Regular Meeting

BOARD QUESTIONS Mr. W.M. Barbee asked who deemed the tree unhealthy. Mr. Colton-Max referenced Mr. S. Majewski’s letter stating such. Mr. B.D. Scott said that he did not want to take down a healthy tree and suggested replacing it with shrubbery. Mr. Colton-Max answered that it is not part of their plan, but thanked him for the suggestion. Mr. I. Schwarzbaum asked if the tree trunk was blocking the view of people driving. Mr. Colton-Max said yes. NO PROFESSIONALS QUESTIONS PUBLIC QUESTIONS Ms. Zasah Khademi (4 Dawes Ave.) asked if residents have complained about the colors of the sign. Mr. Colton-Max answered no. Mr. Kevin Malanga (Ridge Road) asked if Mr. Colton-Max knew what “Suckers on the trunk of a tree” means. Mr. Colton-Max said no. Mr. Malanga asked if he knew who owned the tree. Mr. Colton-Max said that he assumed that Daughters of Israel Geriatric Services Urban Renewal, Inc. does. Mr. Robert Rashkes (35 Oakcrest Road) asked about the driveway plan for 750 Northfield Avenue. Mr. Colton-Max opined that the driveway is unrelated to this application. Mr. John Hess left the meeting at 10:16 p.m. PRESENTATION Mr. Steve Majewski, Architect, was sworn under oath and was accepted as an expert in the field of Architecture. Mr. Majewski opined to say that the tree belongs to the Township of West Orange. Mr. Majewski, in regard to the composition and location of the existing and proposed signs, testified that: - the existing sign currently measures 3' by 2'10" and sits atop a 2'3" pylon; - the proposed sign would measure 4'7" by 2'6" (11.46 square feet), sit atop a 1'8" masonry base, and feature additional outer framing; - the proposed sign would pose the same setback from the Northfield Avenue sidewalk of 10' and the same setback from the Property's eastern boundary of 30'3", and be internally illuminated; - setting the proposed sign back 40' from the Northfield Avenue sidewalk would be impractical because the view of the proposed sign would be blocked by both a nearby bus stop, situated to the west, and existing improvements on Lot 15; and - the presence of the tree in question obscures the existing sign and keeping it would make it more difficult to see the proposed sign as well. Mr. Majewski, regarding the Applicant's proposed landscaping, testified that: - the Applicant proposes to remove the shrubbery that surrounds the existing

difficult to see the proposed sign as well. Mr. Majewski, regarding the Applicant's proposed landscaping, testified that: - the Applicant proposes to remove the shrubbery that surrounds the existing sign; - the base of the proposed sign would be constructed of aesthetically pleasing masonry that the Applicant may decide to surround with flowers; - the Tree appeared to be in poor condition when observed in May of 2023; and is 24" in diameter. He believes that it belongs to the Township of West Orange because of its location from the sidewalk.

It was at this time Chairperson Neuer announced that due to time constraints, application ZB- 23-05 Red Barn Dog is being carried to the October 19, 2023, Regular Meeting with no further notice. In response, the attorney for the applicant, Ms. Stone-Dougherty said that if the Board can reach her client’s application earlier, they are willing to re-notice. BOARD QUESTIONS Mr. P. Ricci asked for confirmation that this application is for only the sign and tree. Mr. Majewski replied in the affirmative. Mr. M. Sussman asked if the tree is the property line to show ownership. Mr. Majewski said no. Mr. I. Schwarzbaum asked about the dimensions of the sign existing and what is proposed. Mr. Majewski answered that the existing sign is two feet sitting on a pedestal and the proposed is (3) three feet high, internally illuminated, pylon sign. Mr. W.M. Barbee asked if the sign currently has lighting. Mr. Majewski said that it would need to be inspected as he is unsure. Chairperson Neuer addressed the fact that he would like a resubmission. In his opinion, this application has no line of sight addressed or a landscape architect. In response to this, Mr. Colton-Max said that this application has no benefits other than better visibility of a differing sign. If this application is carried to another meeting, they will not be returning. PROFESSIONALS QUESTIONS PUBLIC QUESTIONS Ms. Zasah Khademi (4 Dawes Avenue) asked if having the sign solar paneled would be cost-effective. Mr. Majewski said no because there is already electricity there. Mr. Robert Rashkes (35 Oak Crest Road) asked if a street sign had been considered instead of just a pylon. Mr. Majewski said no. Ms. Joyce Rudin (Woodland Avenue) asked for confirmation that this address is on a county road. Mr. Majewski said yes. Mr. Kevin Malanga (Ridge Road) asked if this was a “statue sign” Mr. Majewski said yes. Mr. Malanga asked if the sign would be white. Mr. Majewski said yes. Mr. Malanga asked what coloring the sign would be. Mr. Majewski said green. There was no redirect for Mr. Majewski’s testimony. PUBLIC COMMENT Mr. Kevin Malanga (57 Ridge Road) was sworn under oath and urged the Board to approve the application since the tree in question is going to be saved. Mr. Robert Rashkes (35 Oak Crest Road) was sworn under oath and urged the Board to deny the application because of the lack of pedestrian

application since the tree in question is going to be saved. Mr. Robert Rashkes (35 Oak Crest Road) was sworn under oath and urged the Board to deny the application because of the lack of pedestrian safety. Ms. Zasah Khademi (4 Dawes Avenue) was sworn under oath and testified of having no opposition to the application as long as no trees are damaged. Mr. Rice’s closing remarks were solely about the aesthetics of the sign.

BOARD DISCUSSION Chairperson Neuer moved to approve the amended application specifically that the tree not be removed. CONDITIONS The Tree shall not be disturbed; The Applicant shall abide by the Township's Tree Protection Ordinance; The Applicant shall consult the Township Forester before commencing installation of the proposed improvements, regarding preserving the health of the Tree, and abide by Forester’s directions accordingly; All construction and installation activities surrounding the proposed improvements shall take place on the south, interior side of the proposed sign, if practical. If it would be impractical to perform any such activities from the south side of the proposed sign, the Applicant shall demonstrate the same to, and obtain approval from, the Township Building Department and the Township Director of Planning and Zoning to perform such activities on the north side of the proposed sign; The Applicant shall provide a three (3) year maintenance bond for the maintenance of the Tree; The proposed sign shall feature a white-colored background with green, blue, and gray text; Motion: Chairperson Neuer Second: I. Schwarzbaum Barbee: Y Scott: Y Dannemiller (Alt. 1) : Sussman (Alt. 3): Eben: N Weiss: - Ricci: A Chairman Neuer: Y Scalora (Alt, 2) Y Schwarzbaum: Y Chairperson Neuer adjourned the meeting at 11:12 onl) 4/ Adopted: 10/\9/23 hart op) adlel Diana Chandler, Secretary