August 2, 2023 Regular Meeting Minutes

MINUTES TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING August 2, 2023 7:30 P.M. The Township of West Orange Planning Board held its regular meeting on August 2, 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 e The next Planning Board regular meeting will be held Wednesday August 9, 2023 at 7:30 P.M. ROLL CALL PRESENT: Dr. Robert Bagoff; Mr. Ken Alper; Mr. Jerry Guarino; Mayor Susan McCartney; Councilwoman Tammy Williams; Mr. Sal Jensen; Mr. Cardoza; ABSENT: Mr. William Wilkes; Mr. Peter Smeraldo; Mr. Christopher Morgan, Sr.; ALSO PRESENT: Diana P. McGovern, Esq., Planning Board Attorney; Paul Grygiel, Town Planner; Mr. Doug Rohmeyer, Board Engineer; Jamilet Baquerizo Vite, Acting Planning Board Secretary MINUTES & RESOLUTIONS (Adopted 8/2/2023) e PB-23-06 Crestmont Country Club Updated Resolution Motion: Chairman Bagoff Second: Mr. Guarino

Alper: Y Morgan: _ Bagoff: Y Smeraldo: _ Cardoza (Alt.2): Y Wilkes: — Guarino: 4 Williams: ¥ Jensen (Alt. 1): -_ Klein: -- Mayor Susan McCartney: Y e 3/1/2023 PB Regular Meeting Minutes Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Morgan: _ Bagoff: DG Smeraldo: — Cardoza (Alt.2): Y Wilkes: -—- Guarino: Y Williams: Y Jensen (Alt. 1): Y Klein: _ Mayor Susan McCartney: Y SWEARING IN The Township Professionals Mr. Pau! Grygiel, Township Planner and Mr. Doug Rohmeyer were sworn in. ORDINANCE REVIEW e 2808-23 Revised Ordinance Governing Cannabis Businesses - redlined e Planning Review Memo 2808-23 Ordinance Amending Cannabis PRESENTATION © Township Council has modified the ordinance 2808-23. The changes proposed are to extend the distance from property line to any property line of a property with a school building from a licensed cannabis entity, so this would move up from 100 feet to 500 feet and change it so it's not just West Orange Board of Education schools. 2

Secondly, there be a condition whereby licensed cannabis entities, except one that's defined as a pre-approved one that you know under certain criteria, will not be allowed to operate within 500 feet of a House of worships property line. It also clarifies the parking requirements for these entities and provides a reference to the township municipal code’s various provisions with regard to signage for commercial cannabis entities. The master plan adopted in 2019 by the planning board document regarding making changes to zoning to allow for various types of uses including potentially medical cannabis, recreational production and sales. One suggestion made by Mr. Grygiel is that the board recommends that a pre-approved entity, which is only within the upfront licensing sections, be added to the land use regulations ordinance. BOARD QUESTIONS Mayor McCartney asked, compared to other municipalities, is 500 feet a total range. Mr. Grygiel said that there's a range from no restrictions to 500 and 1000feet range throughout the state of New Jersey. Chairman Bagoff asked how park and recreational facilities are affected if they are not part of a church or school. Council president Williams said that parks have a no smoking ordinance whether it be cannabis, cigarette smoking, etc. The council did deliberate on many occasions and opine on the distance, and what they were able to request from the legal department was a map overlay that only extended 200 feet to ensure and that we would not create a functional obsolete ordinance. Mr. Guarino asked if the already approved sites can operate even if they are not within the new zoning. Ms. McGovern said that in general, with respect to the cannabis state statute, once an entity has been approved, they are technically grandfathered in, so ifa school is built or comes to pass within this distance that entity continues to have the right to operate. Chairman Bagoff asked if the approval letter has a time limit. Council president Williams said that there are no time limitations. Chairman Bagoff asked how the Township council came up with the parking calculations. Council president Williams said that the council members use what the basic calculation is for a business with a similar use. Chairman Bagoff asked if a cannabis site is within the borders of West Orange and 500 feet from the school or House of worship in West

what the basic calculation is for a business with a similar use. Chairman Bagoff asked if a cannabis site is within the borders of West Orange and 500 feet from the school or House of worship in West Orange, what if it's 75 feet from a school or House of worship -in a neighboring town, do they take them into consideration. Council president Williams said that a situation did occur with one of the entities located on South Valley Road. She said that it is close to a school in the neighboring town of Orange and that was a concern again with the extension from the 200 feet to 500 so, it's not going to be consistent. Chairman Bagoff asked if the entities can only be in the zone that they were approved. Council president Williams answer in the affirmative; she said that the cannabis entities are only approved in B1, B2 and I zone. Chairman asked if it is possible to add to the ordinance that no cannabis smoking is allowed in town sponsored events. Council president Williams said that they have a no smoking ordinance at the schools, parks and facilities that already exist. However, there are some limitations with enforcement from the attorney general's office. Mr. Klein asked if people are allowed to smoke in public. Council president Williams said that you're supposed to smoke it at your property,but police don't enforce it.

NO PROFESSIONAL QUESTIONS PUBLIC QUESTION Natasha C at 366 Northfield Avenue asked how the town is considering or intending to address concerns related to public safety. Chairman Bagoff said those questions will be referred to the town council at any one of their public meetings or speak to your local representative from the town council. He also includes there's no way to have people not coming to get into any of these cannabis stores. The consumer must show some form of, legal identification that is scanned in for accuracy and they must be of age; that's to get right through the door. Nobody can accompany you that does not have legal identification and are of age. That is according to the ordinance and law. Secondly you must show that identification, yet again, to purchase something and there's no consumption of anything that's purchased on site. Mr. Phillip at Linden Avenue asked what the board will do if in fact our children wound up becoming subject to the wills of the people who sell cannabis. Chairman Bagoff said no child will be allow to any of the cannabis entities and there will no cannabis usage on site. Marie at 21 Maple Street asked what is the age requirement for you to purchase. Council president Williams said that they need to be 21 years of age to enter a cannabis entity. Natasha at Northfield Avenue asked what the master plan is. Mr. Grygiel said that the state legislature has allowed towns to enact their own ordinances dealing with land use and development. However, you must have a master plan, which is a policy document adopted by the planning board, that outlines what uses are permitted in a town, the different types of uses in a certain zone. It also deals with things such as the size of properties, the height of buildings as well as other topics, but essentially, so it's clear, it's a document that if a town wants to regulate development it must be adopted by this board who then makes recommendations to the Township council to create ordinances. It's something that must be also updated at least once every 10 years. Christine Bosco asked what if the cannabis entities would like to have a smoking facility. Chairman Bagoff said that the state law does not permit it and in fact, you cannot smoke and or use any cannabis product purchased on the property. He said that the Township has an ordinance that you can't smoke in public or use

e state law does not permit it and in fact, you cannot smoke and or use any cannabis product purchased on the property. He said that the Township has an ordinance that you can't smoke in public or use cannabis in public spaces. PUBLIC COMMENT* e The Board recommend that the council have consistency. e The board recommends that the council looks at the overlay map. e They board also recommends that the council looked at the two methods of calculating number of parking spots. Motion: Chairman Bagoff Second: Mr. Klein Alper: Y Morgan: _ Bagoff: ¥ Smeraldo: _

Cardoza (Alt.2): Wilkes: — Guarino: Williams: ¥ Jensen (Alt. 1): ¥ Y Y x Klein: Mayor Susan McCartney: Y APPLICATIONS e PB-21-01/West Orange Plaza Block: 152.01; Lots: 1445 & 1445.05; Zone: P-C/R-5 235 Prospect Avenue Improvements to West Orange Plaza Shopping Center with addition of new buildings. PRESENTATION e Mr. Meese, attorney for the applicant, recalled the engineer Mr. Delaney. Mr. Delaney testified that they made some improvements in how the site connects from a pedestrian standpoint to Eagle Rock Ave. and Prospect Ave. e He stated that the first way that they accomplish that is by adding a new crosswalk at the corner of the main building where the existing Chipotle is today. They are proposing a new crosswalk to go across the parking lot and this is going to bring access from Eagle Rock near the bus stop again to Chipotle. e The second area that they are proposing to add some connectivity is near the existing Verizon building by our proposed building D. They are going to provide an additional sidewalk from Eagle Rock Ave. and a crosswalk across the parking lot in this location. e The third and final location at building C, they are proposing a new sidewalk coming off Prospect Ave. into the site and again providing crosswalk to provide pedestrian connectivity to building C as well. ¢ In addition to these pedestrian connectivity items, they also revised the plans to promote pedestrian safety throughout the shopping center. The first area will be directly in front of the existing Whole Foods. They are proposing a concrete hatch across the main drive aisle; this concrete hatch will go essentially the full width of the existing Whole Foods entrance and will match the same treatment that they are proposing in front of Target. He said that this is just there to provide some awareness to drivers, as they drive down this drive aisle, that pedestrians are here and that they should stop and be aware. ¢ The other area that they are proposing some pedestrian measures and safety is near the proposed building A Previously, this intersection only had one stop sign in it and that says you were going northbound along the main drive aisle toward buildings. Now, they are providing stop signs along the main drive aisle that goes East and West along buildings A and B and these stop signs will help to slow down traffic through this area and allow pedestrians

ow, they are providing stop signs along the main drive aisle that goes East and West along buildings A and B and these stop signs will help to slow down traffic through this area and allow pedestrians to safely cross this proposed crosswalk. ¢ In addition to these pedestrian items, they are also providing some revised landscape islands primarily in the parking lot in front of proposed building B. ¢ The engineer worked with the landscape architect to increase the width of the islands from 5 feet wide to seven feet wide. The way that they were able to accomplish this was

by changing the spaces at the southern end of this parking field to be compact, which will narrow the spaces and provide more room for the landscape islands. They also revised the mounting height of the lighting fixtures in the back of the building A &B. They changed it from 18 feet down to 15 feet which should help provide some additional screening from the neighboring property so they're not looking up at these light fixtures. BOARD QUESTIONS Mr. Guarino asked if the board could get more emphasis on crossing at that Chipotle area, since it is a high traffic area between Jersey Mikes and the Chipotle. Mr. Delaney said that it is certainly a high traffic area and that's why they are proposing the additional crosswalk to get to Eagle Rock Avenue and the crosswalk which will go from the parking field to that Chipotle. He said that it will provide cars coming in with notice that there are pedestrians crossing in this area. Mr. Guarino asked if any signage is proposed in that area. Mr. Delaney said that there is no signage proposed. Mayor McCartney asked if the Verizon building is staying or being replaced. Mr. Delaney said that the building itself is staying and they are proposing additions to that building. Mr. Klein asked if there is a way to make the new crosswalk near Chipotle perpendicular. Mr. Delaney said the only way to make it perpendicular over in that specific location would likely be by losing a parking space. As far as the crossing distance goes, the engineer does not anticipate that being an issue in that location given how little traffic should be making that left other than truck traffic going to the rear. Mr. Cardoza asked is there a way to put a sign that prevent people and cars from entering the refuse area. Mr. Delaney said that it's a one-way travel so they are not worried about other cars coming up the one way the wrong way. He said that as far as pedestrian traffic goes in this specific area, they would not expect significant pedestrian traffic. The main parking field is to the North of the building and the pedestrians coming from the right of way, whether it be Eagle Rock Ave. or Prospect Ave., will come from the southern end so he doesn’t think it would be too much of a conflict and adding a mirror there would not improve anything significantly. Chairman Bagoff asked if the light could be hybrid where it is solar paneled and in

oesn’t think it would be too much of a conflict and adding a mirror there would not improve anything significantly. Chairman Bagoff asked if the light could be hybrid where it is solar paneled and in the event that there is not enough solar energy it will have regular power grid augmentation. Mr. Delaney will investigate that information since he is not familiar with that specific option. Mayor McCartney asked if parking can be provided by the refuse area. Mr. Delaney said that it will not be safe to put parking there. Mr. Guarino asked if either the engineer or traffic engineer got approval from the Fire Department for the plans regarding the egresses and ingress and the drive through areas to see if they are sufficiently capable of handling our fire equipment. Mr. Delaney said that to his knowledge they haven't received a review letter from the Fire Department. They did provide, in the site plan set, turning templates for fire trucks throughout the site that shows that it could access around and behind all buildings and get through the site. Chairman Bagoff asked if there is going to be trash collection behind the buildings. Mr. Delaney said that there will be refuse areas behind buildings A & B and they are going to be enclosed in sealed containers.