January 8, 2025 Planning Board Regular Meeting Minutes

MINUTES TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING January 8, 2025 7:30 P.M. The Township of West Orange Planning Board held its regular meeting on January 8, 2025 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 special meeting will be held Wednesday, January 22, 2025 at 7:30 P.M via Zoom. e The next Planning Board special meeting will be held Wednesday, January 29, 2025 at 6:30 P.M in person. e The next Planning Board regular meeting will be held Wednesday, February 5, 2025 at 7:30 P.M via Zoom. ROLL CALL PRESENT: Dr. Robert Bagoff; Mr. Jerry Guarino; Mr. Ken Alper; Mr. John Cardoza; Mr. William Wilkes; Mr. Lee Klein; Mr. Christopher Morgan, Sr.; Mayor Susan McCartney; Mr. Peter Smeraldo; Council president Bill Rutherford; Ms. Lori Kapferer ABSENT: ALSO PRESENT: Diana P. McGovern, Esq., Planning Board Attorney; Gerry Haizel, Consulting Town Planner; Mr. John Hess, Board Engineer; Zayibeth Carballo, Town Engineer Jamilet Baquerizo Vite, Planning Board Secretary SWEARING IN e The Township Professional(s) sworn in. APPLICATIONS

PB-24-15 3135WO, LLC Block: 141 Lot: 1 Zone: B-1 31-35 Harrison Avenue The applicant proposes to expand their printing and embroidery business, Uptown Printing, LLC., by constructing a one-story, 2,130-SF addition to the rear of an existing commercial building. The addition will include a new entry on the western frontage, enclosed by an overhead door, for the purpose of receiving deliveries, and shipping orders. PRESENTATION The attorney for the applicant, Mr. John Dusinberre, stated there is a new condition that was generated by the addition. That is a side yard of 5 feet and 4 inches on the left side of the property where the proposed addition will be located and the slight encroachment of the setback is generated by the need of a 6-foot overhead door for access for the new addition of deliveries and shipping. The applicant responded to the comments form the review board and reduced the size of the opening from an 8-foot door to a 6-foot door which has substantially reduced the request in need for relief. In terms of pre-existing conditions, they have overall side yard that don’t meet the 6-foot requirements on both sides, one is 2 feet 7 in, the other is 5 feet 4 inches which is at the proposed addition. They only have one parking space and it is doing double duty as a driveway and a parking space for Mr. Crespo. They have an existing driveway with 13 feet and 8 inches where 14 feet are required by ordinance, a slight deviation. They have an existing parking space where they are backing directly into the public right of way, which is prohibited by ordinance 25-12.1 F. Final pre-existing condition is a parking space should not be less than 5 feet from an adjacent property and if you count the driveway as a parking space it is closer than 5 feet from the adjacent property line. The applicant, Mr. Crespo, entered on the record, he was sworn under oath. He testified to the following: The business has 3 employees including himself. The hours of operation are 9am-Spm Monday through Friday. The business gets 3 deliveries regularly from UPS, the Post Office, and FedEx. For the most part the 1-hour ordinance that is in front of the building keeps it clear, the worst thing that will happen is they will block the driveway if the delivery trucks need more space. The owner, Mr. Crespo, states the need of the addition of 2,130 square feet is for

s it clear, the worst thing that will happen is they will block the driveway if the delivery trucks need more space. The owner, Mr. Crespo, states the need of the addition of 2,130 square feet is for an improvement into the efficiency for the employees. Currently they have a manual screen printer but they would bring in an automatic printer. This would allow them to do their jobs a lot quicker and with fewer resources. Mr. Crespo also states the addition will help him solidify in keeping his business in West Orange if they were to bring in the automatic printer. Mr. Crespo has had his business for 2 2 years. Employees will do on-street parking and have no trouble with parking. Customers use the 1-hour parking ordinance to keep spaces free in front of the business. There are some trees in the back that are in pretty bad shape and the applicant wants to

plant new trees. Options given by the forester, Mr. Kip, are paying the town for replanting or adding trees, at least 2, to the front of the business to add beautification to the town. The largest garbage impact they have is cardboard boxes from the deliveries. The majority of the boxes get recycled. They have a light foot print in terms of trash and are bringing a couple of trash bags out once a week and help clean out the alley by putting a public garbage can in the alley. BOARD QUESTONS Mr. Guarino asked are you aware of the township ordinance for tree removal and tree replacement. Mr. Crespo said yes, he is and has talked to Mr. Kip several times for business needs and personal needs for his house. Mr. Guarino asked how is the cardboard trash maintained when its not being put out for collection. Mr. Crespo said he keeps them inside, folds up the boxes, and keeps them in the corner until recycling day. Mr. Guarino asked if there are any hazardous material from the printing business that needs to be disposed of. Mr. Crespo said no Mr. Guarino asked the new section that is being added and would be interested in adding a green roof or solar panels. Mr. Crespo said he has been talking to a solar panel engineer for the past year and he has a proposal they will be working through. Mr. Guarino asked have you had any discussion with the downtown West Orange alliance about any fagade improvements or advertising materials on the building staying within the code of the downtown alliance. Mr. Crespo said yes and he is on the downtown alliance board. Ms. Kapferer asked if Mr. Crespo has had any conversations with his neighbors about the plan improvements. Mr. Crespo said yes and is in support of the improvements. PROFESSIONALS QUESTIONS Mr. Haizel asked are there any concerns expressed by Mr. Kip about any trees that might be constricting to the sidewalk. Mr. Crespo said the sidewalk itself has removable pavers to put the trees in. The trees would grow up, won’t spread roots, and grow leaves at an acceptable height that will not impact walking space or cars trying to park. PUBLIC QUESTIONS GENERAL DISCUSSION PRESENTATION The architect, Joseph Haines, entered on the record, he was sworn under oath. His credentials were accepted by the board and he testified to the following: The property is located in a B1 zone. To the south side, there is a mixed-use

red on the record, he was sworn under oath. His credentials were accepted by the board and he testified to the following: The property is located in a B1 zone. To the south side, there is a mixed-use building that has a liquor store, a florist, and apartments. To the north side, there is an auto repair shop. Surrounding the rear of the property, there is a one-family home and a two-family home. The proposed addition will be attached to the rear end of the building. On the north side they are proposing a 6-foot 3 inches’ side yard setback. The rear yard setback would be 30 feet 10 inches. The variance they are looking for is on the side yard setback on the south side where they have a 5-foot 4 inches side yard setback but 6 feet is required. Originally the south side yard setback was at 3 feet 4 inches but they increased it by 2

feet by reducing the doors going into the rear addition. This allowed them to do additional grading on the side. Once they increased the side setback, they introduced a low retaining wall approx. 2 feet high. This will let them grade the side property so that no water will run into the neighbors’ property retain any runoff they have and release it slowly towards the driveway. They are trying to maintain the rear end of the property as it exists. It is heavily vegetated and are keeping the trees in that area. They are removing 4 trees due to the addition. The building has an existing basement and the uses will remain the same. The entrance will be on the south corner of the building and the existing workspace will remain the same. Mr. Crespo’s office will be towards the back of the building behind the retail/entry space and will create an ADA bathroom. The opening to the new addition will be in the same area. They will be adding windows to the side of the addition to let light in. On the front side of the property, since they reduced the size of the door going into the new addition from 8 feet to 6 feet, they added a canopy. Originally, they were going to have the van for deliveries back into the opening during inclement weather but since they reduced the size, they added a canopy for protection when loading up the van. They are keeping both entrances to the basement the same The design complies with all fire codes and will be ADA-compliant. There is a minor concrete wall that will be removed on the south side of the property outside that was put up to hold up the dry land. Now they are proposing to put a new retaining wall where it is that goes up the property line. There will be no signage on the side of the building at this time. There is no proposal to fence any of the subject property. They are keeping the window in the basement towards the north side and closing the other window towards the south side for the new addition. Their drainage proposal is to collect the rainwater, run it through the building, and connect it to the existing system that discharges out to the street. They are not proposing any storm retention at this time because on the property its hard to do that. The neighbor to the south is low and storing water will not help. The best way for the project would be to collect it and then bring it out to the street. Due to a

n the property its hard to do that. The neighbor to the south is low and storing water will not help. The best way for the project would be to collect it and then bring it out to the street. Due to a slope in the yard, they will have to remove soil where the grade slopes up. Even though there is no requirement for a soil, erosion, and sediment control permit, they agree to provide a soil, erosion, and sediment control plan documenting measures to protect this site. They are keeping the two existing lights in the driveway. No proposal for additional lights. The lights are sufficient enough for deliveries in the evening. The architect states there is adequate space to place the tree pits on the pavers on the sidewalk. The distance from the front of the building to the pavers is approx. 5 feet. The applicant will agree to clean and televise existing roof drainage laterals to be reused prior to construction. There is no need to construct above or below-grade improvements for utility services. BOARD QUESTIONS Mr. Guarino asked will there be any signage letting pedestrians know there is an active

driveway. Mr. Haines said they are not proposing it at this time. Mr. Crespo also added that he already has a 24/7 active driveway sign. Mayor McCartney asked if there is t an emergency exit or rear doors. Mr. Haines said there is a door they are proposing that leads to the driveway. Other means of egress are the three doors on the front and the rear entrance. Mayor McCartney asked if they are recommending any exterior cameras. Mr. Crespo said he already has cameras. Mr. Alper asked any thought to making the driveway a permeable surface. Mr. Haines said there was no thought of that. Mr. Alper asked if solar panels don’t work out, if is there a possibility of a green roof. Mr. Haines said they have not contemplated that but if solar panels don’t work out, they will think about it. Mr. Smeraldo asked is there a fire detection system in the basement. Mr. Haines said there is currently a fire alarm system in the building. Mr. Smeraldo asked if you are going to put solar panels, and what is the roof construction going to be of. Mr. Haines said they haven’t done construction drawings yet. They will make it adequate enough to handle solar panels. The walls will be made out of concrete blocks. Mr. Smeraldo asked if the materials that are being used in the business flammable. Mr. Crespo said they primarily use water-based material but they do use acetone to clean. Mr. Smeraldo asked is it possible to put a door towards the rear end of the new addition. Mr. Haines said they could include a door to the rear corner towards the south side. Ms. Kapferer asked regarding the stormwater management, was there any outreach to the town engineer related to connecting into the Harrison Ave system? Mr. Haines said they sent their proposal out but haven’t heard any comment on it. PROFESSIONALS QUESTIONS PUBLIC QUESTIONS GENERAL DISCUSSION PRESENTATION The planner, Anthony Marucci, entered on the record, he was sworn under oath. His credentials were accepted by the board and he testified to the following: The only possibility to expand the use of this building is to expand in the rear of the property. The applicant complied with the recommendations of the SPRAB meeting that was held in October, that significantly increased the side yard and decreased the variance. Original design was to have a 3.33 feet side yard and now its going to be a 5.33 feet side yard so the

that was held in October, that significantly increased the side yard and decreased the variance. Original design was to have a 3.33 feet side yard and now its going to be a 5.33 feet side yard so the variance is only going to be 8 inches. The need for the variances is due to a proposal of a 6-foot-wide door to access the space in the rear, to bring in the equipment, and delivering of raw materials and finished products. In terms of parking, there are 3 employees including the owner and they have utilized the site for a number of years with the 1 parking they have today and it doesn’t interfere with overnight residential parking; the planner states there is no problem with the parking variance. The variances could be granted under the C2 criteria special reason. The special reason is the fact that this is an established business that wants to remain here. Without expansion, the business may need to leave the community.

e Since there are no additional employees, the site doesn’t require additional parking. e In terms of desirable visual impact, the architect showed that you are only going to see a very small portion of the new addition from the street. ¢ In terms of the negative criteria, in the planners’ opinion, there is no substantial detriment to the public good and there is no substantial impediment of the zone planner of the zoning ordinance. BOARD QUESTIONS e Ms. Scarpa asked given that a lot of the area downtown is in a flood zone, would it help mitigate that by planting more trees with a deeper root system in front of the property. Mr. Crespo said that after speaking with the forester, Mr. Kip, he did not want the deep- rooted trees there. PROFESSIONALS QUESTIONS PUBLIC QUESTIONS GENERAL DISCUSSION PUBLIC COMMENT Motion: Chairman Bagoff Second: Mayor McCartney Alper: Y Morgan: _ Bagoff: x Rutherford: Cardoza (Alt.2): ¥ Smeraldo: Guarino: ™ Wilkes: Y Kapferer: --- Klein: -_ Mayor McCartney: Y ¢ PB-24-13 IMMC Health 993 Pleasant Valley Way Block: 172.02 Lot: 6 Zone: B-2 The applicant proposes a second story addition to an existing 1-story commercial building. PRESENTATION ¢ The attorney for the applicant, Mr. Keith Loughlin, states the 2™ story will include a one- bedroom dwelling unit for the applicants’ use only, a business office, and storage space in the rear, while the first-floor medical office will stay as is. e The proposed mixed-use development is permitted as a conditional use in the B2 zone district. e Additional related improvements to lighting, landscaping, parking, and signage are proposed.