February 7, 2024 Planning Board Regular Meeting Minutes

an Graham at 31 Old Indian Road asked what risks the residents face if a disaster occur at the facility. Vice Chairman said that safety is based on the Township. PRESENTATION The planner Mr. Michael J. Pessolano entered on the record, he was sworn under oath and his credential were accepted by the board. He worked with Mr. Del Mauro to determined the location of the facility and also reviewed the ABC licensing information of seven nearby golf courses that feature halfway houses to be able to prepare for the meeting. In Mr. Pessolano opinion the proposed building does qualify as an accessory building and is permitted in the zone. His review of the ordinance states that accessory structures in the R-2 and any district can be within 5 feet of a property and so they have extra measure of protection by saving this facility 13 times that distance at 65 feet from the property line, so it satisfies any concern that the facilities properly cited away from the neighboring property. Based on Mr. Pessolano opinion there are no additional variances that are triggered by the proposed halfway house.

On Mr. Pessolano professional opinion the planning board is obligated to approve the application if the applicant satisfies all the requirements of the zoning code. A bar needs to be a principal use of a property to qualify as a bar in the definition and this is clearly not the principal use of the property so it can't possibly be called or considered a bar. Restaurant is implicating a public service type of operation this is a private club and not open to the public, so it cannot be considered restaurant. The facility is not considered a fast food because fast food establishment needs to have 15 seats in order to begin qualifying and the proposed facility does not does not even have seats. Mr. Pessolano testified that based on the materials that he reviewed from a planning perspective; he believes that the planning board is within the authority to grant this application. NO BOARD QUESTIONS PROFESSIONALS QUESTIONS Mr. Grygiel asked in regard to the use issue, if the application is before a planning board is assume that it's being reviewed by the municipality and zoning official to determine the uses permitted because planning board cannot grant uses variances. Mr. Pessolano answered in the affirmative. PUBLIC QUESTIONS Ms. Bennet asked if an application has no variances and a site plan review is required, does the board still have the ability to shift the location of the building. Mr. Pessolano said that the board can give feedback to the applicant, but if the application complies it is entitled to approval. Ms. Bennet asked if a property is more than five acres does West Orange require an environmental impact statement. Mr. Pessolano said that he believes it does based on the ordinance. Ms. Benner asked is the sale of alcohol a relevant land use consideration. Mr. Pessolano said that the planning board has no jurisdiction over the sale of alcohol and where it takes place. Ms. Bennet asked did he measure the distance of those halfway houses from their closest residential neighbors. Mr. Pessolano said he looked at the ones that had diagrams, didn't do any measurements though not scale drawings just sketches. William Mincy at 41 Old Indian Road asked if during his review of the other halfway houses included any objections. Mr. Pessolano said that specific information was not available. Mr. David Robinson at 39 Old Indian Road asked if he feels

ed if during his review of the other halfway houses included any objections. Mr. Pessolano said that specific information was not available. Mr. David Robinson at 39 Old Indian Road asked if he feels that all relevant properties that are affected by this type of structure should be included in the plan. Mr. Pessolano said that the application concerns the subject property, people surrounding that subject property are required to be notified by law to participate. But the subject property did not implicate the adjacent properties to be part of the board review. Mr. Kevin Malanga at Ridge Road asked if Mr. Pessolano asked if he was you involved in the collection of the liquor licenses that were part of this application pertaining to other country clubs in New Jersey. Mr. Pessolano said no. OBJECTOR’S POFESSIONAL PRESENTATION

Ms. Bennet, attorney, called Mr. Peter Steck on behalf of the objector’s entered on the record, he was sworn under oath and his credential were accepted by the board. Mr. Steck reviewed the applicant's most recent submissions and revised his opinion as a result. In his current opinion the applicant has demonstrated that halfway houses are a bona fide accessory use to a golf course. Mr. Steck presented exhibit Al and said that there is a dramatic difference in location between the seven other golf courses reviewed and what is being proposed. Mr. Peter Steck also presented exhibit A2 Mr. Steck previously showed a diagram that showed that there were wetlands suspected in the area and the applicant has now conceded that there are wetlands. Mr. Steck also pointed out that the applicant did not survey the entire wetlands they only did a portion. Mr. Steck presented exhibit A3, if the board carefully looks at the plan, they’Il see that there's a 12-inch tree that is on the left-hand side of the disturbed area and he have superimposed the location of the building in the area that's going to be disturbed. The disturbed area cuts through a 12-inch tree, this tree is probably maybe a foot or two from the eaves of the building, so he is not sure how they're going to save that tree if they're going to have indentation in the building to allow the tree to grow and clearly, they're going to disturb probably half of the root system of that tree. On the exhibit Mr. Steck also showing the other possible trees that might be disturbed by the proposed project. Mr. Steck also said that this property is over 5 acres and it's required to have an environmental impact statement and one of those statements has to do with tree removal and wetlands. Mr. Steck said that applicant in their public notice says that this facility may have alcoholic beverages served in his opinion that is a relevant land use consideration and he thinks the only fair way for this board to approve or analyze this application is assume that a liquor license is going to be approved because this board has no control over it, but the applicant is certainly indicated that it is subject to another agency. But that doesn't mean that the board doesn’t play a role in this if an application for site plan approval is on a County Road and the county has jurisdiction you still have the right to shift driveways to

that doesn't mean that the board doesn’t play a role in this if an application for site plan approval is on a County Road and the county has jurisdiction you still have the right to shift driveways to decide whether they should be left turns in or right turns out. In his opinion it is fundamentally relevant whether alcoholic beverages are served here and he thinks the only fair way to analyze this application is to assume that alcoholic beverages are going to be served. Mr. Steck disagrees with Mr. Pessolano that the board has to approve this application on the location of the facility. Mr. Steck said that the saving of trees is in the township ordinance. It's one of the purposes of the tree ordinance to minimize the destruction of trees. On this application not only does the applicant have an unrealistic application only removing 2 trees, but they didn't even survey the trees down the line that are going to be removed so he believes that the board does not have enough information to approve the application. Mr. Steck on his opinion believes that there is deficient information and there are other locations that involve less tree removal and there are other locations on the golf course that the facility can go.

*The application has been carried to the March 6, 2024 Planning Board regular meeting. No further notice will be necessary. * Meeting adjourned at 11:15PM. ADOPTED: é/s/ 24 Lt Ba JamiletBaguerizo Vite Planning Board Secretary