May 28, 2026, Regular Meeting

street so Mr. Hess doesn’t believe that it is applicable. Chairperson Neuer said in response to those questions, waivers for those issues are granted. Mr. Hess said that Mr. Ritchie indicated the DEP requirements that they are not a major based on one (1) acre of clearing, but wanted it on the record that the West Orange Ordinance established a disturbance of a half acre of land since February 2, 2004 so this project is a major development which is in his report. Mr. Hess also stated that since Mr. Ritchie’s intention is to use a basin which does not meet the green infrstructure requirements for the underground basin and have asked for a waiver to be granted by the Board to permit the stormwater management system that is proposed which he believes that there will be no issues with it, but it is a technical issue where the applicant is not fully in compliance with the Ordinance. Mr. Hess confirmed that with the previous explanation there are no questions for Mr. Ritchie. Mr. Christopher Dochney had no questions. At a later point in the meeting, Mr. Dochney offered information stating one of the ways to rectify the impervious coverage variance is if you had shifted the parking of those 12 spaces on the south end off of Blueberry Bend if shifted, those to the south a little bit and expanded that, planted median, 60% could get achieved. But testimony was that doing that would be'a less safe condition where he stated that he was not quite understanding that, because right now, the way it's designed, cars would pull in, head forward into those parking spaces, presumably, and then back out into the easement of Blueberry Bend or the private drive. Mr. Ritchie said that they would be doing it at the same movement but the separation from the travel way is greater under this condition. If the spaves shift eight (8) feet the parking space is immediately adjacent to the travel way. Mr. Dochney said that it is functioning more as a drive aisle, it's not a, high-traffic roadway there. But either way, they're going to be backing out, they're not backing out into that 8-foot strip, they're backing and doing a turn there, are they. Mr. Ritchie said that it's a matter of proximity, and having a little more space to maneuver, to back up, and be able to look to see if there's oncoming traffic. I just think this is a more safe, or a safer condition. BOARD QUESTIONS I.

proximity, and having a little more space to maneuver, to back up, and be able to look to see if there's oncoming traffic. I just think this is a more safe, or a safer condition. BOARD QUESTIONS I. Schwarzbaum had a question for Consultant Engineer, Mr. Hess about the detention basin not being compliant. Mr. Hess said that there are various options available in the Ordinance in order to make it compliant but technically it is not in compliance with the green infrastructure requirements. In order to make it compliant, the applicant would have to go into the Ordinance and look at one of the permitted infrastructure improvements and modify the design to incorporate that. IT. Dubovy asked for confirmation that there would not be left turns allowed onto to Prospect from either exit points. Mr. Ritchie said that the flow would be right in, right out, only no left turns. You could not physically make that left turn unless the median was jumped which he doesn’t recommend. There is no signage restricting and no physical barrier so he does not know whether lefi turns are allowed or not. Essex County has jurisdiction over this and an application has been submitted but they have deferred comment until the West Orange Zoning Board has acted. T. Ben-Zvi asked for confirmation that the applicant could comply with the 60% impervious coverage, but the preference is not to. Mr Ritchie said that if the median is widened by eight (8) feet and the stalled are pushed further to the south that would add and then meet the 60% impervious coverage requirement. But it pushes these spaces closer to the travel way of Bluberry Bend and in his professional opinion, that is a less desierable confition. It is a less safe condition.