June 18, 2026, Regular Meeting

MINUTES TOWNSHIP OF WEST ORANGE ZONING BOARD OF ADJUSTMENT REGULAR MEETING June 18, 2026 8:00 P.M. The West Orange Zoning Board of Adjustment held a regular meeting on June 18, 2026, commencing at 8:00 PM, utilizing the virtual Zoom platform. Chairperson Philip D. Neuer called the meeting to order at approximately 8:00 PM. It was announced that notification of this meeting was given to the Township Clerk, the West Orange Chronicle, and the Star-Ledger and posted on the Township Bulletin Board in accordance with the “Senator Byron M. Baer Open Public Meetings Act” and the “Publication Reform Act.” Chairperson Philip D. Neuer asked everyone to stand for the Pledge of Allegiance. Ms. Kelly Carey, Esq., Board Attorney, read the opening statement. ROLL CALL Present: William Michael Barbee, Laurence Cohen, Todd Dubovy, Robin Miller, Philip D. Neuer, Brent D. Scott Absent: Tal Ben-Zvi, Michael Dannemiller, Irv Schwarzbaum, Marc Sussman, Alice Weiss Also Present: Kelly Carey, Esq., Board Attorney Diana L. Chandler, Board Secretary John Hess, Consultant Engineer Christopher Dochney, Consultant Planner Ms. Carey and Chairperson Neuer confirmed the presence of a quorum of Board Members. ANNOUNCEMENTS e Future Meetings: July 16, 2026 August 20, 2026 September 17, 2026 ¢ Chairperson Neuer announced that upon request of the applicant because of only five (5) Board Members being present, ZB-24-16 Northfield Realty LLC (81 Northfield Avenue) is being carried with preservation of notice to the September 17, 2026, Regular Meeting via Zoom. Counsel for the application, Mr. James Spanarkel, Esq., confirmed the extension of the statutory time to September 18, 2026.

SWEARING IN e Township Professional(s) Mr. John Hess (Consultant Engineer) and Mr. Christopher Dochney (Consultant Planner) were sworn under oath. © It was at this time that Chairperson Neuer presented Mr. Hess with a certificate of appreciation in honor of his retirement for his time serving as Consultant Engineer to the Zoning Board of Adjustment. MINUTES ¢ May 28, 2026, Regular Meeting Motion: Chairperson Neuer Second: R. Miller Barbee: Y Schwarzbaum: = Ben-Zyi (Alt.): - Scott: Y Cohen: Y Sussman (Alt.): : Dannemiller (Alt.): - Weiss: - Dubovy (Alt.): Y Neuer: Y Miller: Y © June 4, 2026, Special Meeting Motion: Chairperson Neuer Second: W. M. Barbee Barbee: Y Schwarzbaum: - Ben-Zvi (Alt.): - Scott: Y Cohen: ¥ Sussman (Alt.): - Dannemiller (Alt.): - Weiss: - Dubovy (Alt.): Y Neuer: Y Miller: Y APPLICATIONS e ZB-23-01 Williams/ 6 Merrywood Drive (Extension of Approval) Block: 76; Lot: 6; Zone: R-4 6 Merrywood Drive Seeking “c” variances for expansion of existing garage and house. (Extension of Approval) PRESENTATION e Mr. Eric Williams, Applicant, entered the record and was sworn under oath. Mr. Williams explained that, due to his mother’s illness, he missed the deadline to apply for permits with the Building Department after completing this application. ¢ The expiration date for this application was January 19, 2026. The proposed extension will go until January 19, 2027.

NO BOARD QUESTIONS NO PROFESSIONALS QUESTIONS NO PUBLIC QUESTIONS NO PUBLIC COMMENT Conditions (Same as previously agreed in the January 2024 Adopted Resolution): The Applicant shall post sufficient funds with the Township to satisfy any deficiency in the Applicant's escrow account; The Applicant shall ensure that the siding of the proposed addition is substantially similar in color, style, and materials to the siding of the existing dwelling; The Applicant shall tie the proposed catch basin into the existing storm sewerage system along Merrywood Drive and the proposed roof leaders; No vehicle parking, or the planting of trees, bushes, or other vegetation, shall permitted within the area labeled as "Visual Triangle," as depicted on Sheet T-101 of the plan set prepared by AC Design & Development, dated September 2023; The aforementioned approval shall be subject to all requirements, conditions, restrictions and limitations set forth in all prior governmental approvals, to the extent same are not inconsistent with the terms and conditions set forth herein; The Applicant shall comply with all Federal, State, County and Township statutes, ordinances, rules, regulations and requirements affecting development in the Township, County, and State; The Applicant shall be bound by all the evidence, including documents and testimony presented by the Applicant at the Public Hearing; These Conditions shall be clearly printed on the engineering drawings submitted for filing in the official records of the Board. Motion: Chairperson Neuer Second: L. Cohen Barbee: Y Schwarzbaum: - Ben-Zvi (Alt.): - Scott: Y Cohen: Y Sussman (Alt.): - Dannemiller (Alt.): - Weiss: - Dubovy (Alt.): Y Neuer: Y Miller: Y

ZB-25-08 127 Mitchell LLC 512-516 Pleasant Valley Way Block 154.06, Lots 11 and 12 Zone: B-2 General Business D(2) use variance relief is required to permit the expansion of an existing non-conforming use PRESENTATION e Mr. William Sullivan, Esq., entered the record on behalf of his applicant. Chairperson confirmed whether Mr. Sullivan was willing to proceed with testimony without seven (7) Board Members being present. Mr. Sullivan said yes, that they are willing to offer testimony provided that there is not a vote taken at this meeting. e Board Attorney, Ms. Carey, confirmed that all notices for this application are in order and that jurisdiction to hear this application is in effect. ° Mr. Sullivan gave a brief synopsis of this application stating that the property is located in the OB1 zone. Currently, there is a two (2)-story mixed-use building with commercial on the first floor, and an apartment on the second floor. Then to the north on the next lot, is a single-family house. The applicant's proposing to demolish the single-family house on Lot 12, build an addition on the rear of the existing mixed-use building, and construct parking on the lot where the single- family house is today. That will include the combining of the ground floor and first floor office space, like there is presently in the first, property, and two (2) apartments on the second floor. The applicant is proposing to expand the building on Lot 11, move the parking lot to Lot 12, so the mixed use previously approved would expand. In doing this another use variance, or an expanded use variance from the variance previously granted in 1987, is required along with a D Variance for the lot area per unit required under the Ordinance, a parking Variance, and Site Plan approval. e Mr. Peter Miskov, Civil Engineer entered the record, was sworn under oath, and his credentials were accepted as an expert in Engineering, with his license being current. ¢ Mr. Miskov presented simultaneously Exhibit Al Site Plan (Colorized -Sheet #5 Revision Date— February 13, 2026) and Exhibit A2 Lighting & Landscape Plan (Colorized- Sheet #7— Revision Date — February 13, 2026) ° Mr. Miskov explained that this proposed site (Lot 11) has an area of 8,770 square feet. It’s an undersized lot and is currently developed with a two (2) story mixed use building containing office space on the first floor

that this proposed site (Lot 11) has an area of 8,770 square feet. It’s an undersized lot and is currently developed with a two (2) story mixed use building containing office space on the first floor and residential dwelling on the second floor. ¢ Mr. Miskov explained that this proposed site (Lot 12) has an area of T,Al2 square feet also undersized existing nonconforming condition and is developed with single family home with associated parking area improvements. ¢ Mr. Miskov testified that the property has a topography that generally slopes from Pleasant Valley Way down with a high elevation at Pleasant Valley Way with a roughly a six (6) or seven (7) slope across the property. That there are no steep slopes on the property and that the property’s currently services by all basic utilities from the right of way on Pleasant Valley Way. e Mr. Miskov said that the applicant is proposing to demolish the existing one (1) story single family dwelling on Lot 12 with its associated improvements along with associated improvements with the existing 4

mixed use building on Lot 11 but that the existing two (2) story building is to remain. Mr. Miskov said that the proposed improvements to construct a building addition to the mixed use building on Lot 11 and extend it to the eastern side of the property and then to the north of the property there is a new parking facility which established the footprint of the original building which will continue to be utilized for office space with a residential unit above and the building addition would contain offices on both the lower level and ground floor and second floor will include two (2) new apartments. The new parking area to the north will provide 21 parking spaces with two (2) electric vehicle charging stations, one (1) which would be a handicap stall along Pleasant Valley Way. The applicant proposes to eliminate both existing access drives and curb openings to provide one (1) 20 foot wide access drive with a stop bar and stop sign. Mr. Miskov said utilizing the Zoning Table to explain the site related requirements. © The front yard setback along Pleasant Valley Way is an existing non-performing condition of 14.3 feet where.30 feet is required. The new proposed porch on the existing structure will make the post- development front yard setback 12.2 feet ¢ The new parking areas for post-development will also require setback variances for front setback parking where 30 feet is required and 15.3 is proposed. Side yard setback where 1.69 is proposed and 25 feet is required. In the rear 9.23 is proposed and 25 feet is required. All non conforming parking setbacks along the southern property line are being eliminated since previously there was parking along the property. He also wanted it noted for the record that both adjacent neighboring properties have similar existing non- conforming conditions with their parking along the property lines, with proposed rear and side yard setbacks remaining in compliance. ¢ He testified further stating that there will be an increase to the existing lot coverage of approximately 167 square feet. The existing non conforming condition that existed before remains from the 50% maximum allowable in the zone regarding parking space demand. The office space requires one (1) space for every 250 square feet of gross floor area which equals to 19 spaces required for the total office space. The residential units require two (2) spaces per

d. The office space requires one (1) space for every 250 square feet of gross floor area which equals to 19 spaces required for the total office space. The residential units require two (2) spaces per unit which equals six (6) spaces for the residential units required. This results in 25 spaces required by the Township Code minus the two (2) spaces bonus for the EV charging spaces amounting to 23 parking spaces required. The proposed number of spaces is 21, resulting in a two (2) space deficiency. Stating further that the mixed-use developemt will utilize a shared parking space approach in compliance with the Township Code and there will be three (3) reserved spaces for its residents. e The development is also proposing a refuse area in the rear to handle the residential garbage, recycling, general office waste, and a pickup by a private hauler will be arranged. e A code compliant monument sign is proposed in the entrance to the driveway and it is anticipated that there will be a minimal increase in traffic volume due to the office spaces not being a high-turnover use.

e Also proposed are retaining walls with screening provided by a solid vinyl fence to help screen the parking area further for the residential units. e Mr. Miskov explained in regards to grading that the proposed development intends to utilize existing utility connections on Pleasant Valley Way to the best extent possible. e In regards to Stormwater due to the West Orange's Stormwater Management Ordinance, the addition of 6,000 or more square feet of new paved vehicular surface triggers the strict regulation requiring reductions in stormwater runoff and volumes from current conditions, and the removal of high-rated suspended solids to improve water quality. A stormwater management system is proposed to comply with both the Township Ordinance and the current state BMPs, reducing overall peak volumes by 50% for the 2-year storm, 25% for the 10-year storm, and 20% for the 100-year storm. The storm collection system is proposed at the eastern end of the parking area, with a catch basin and permeable paver system at the end of the parking area. Stormwater runoff will run down the drive and filter through the permeable pavers, which provides a filtering cleaning action and overflow into the perforated storage pipes behind the new buildings, ultimately discharging the area where the existing conditions, stormwater runoffs, and discharges come into play. e He opined that the proposed improvements will not alter the existing drainage patterns and will not adversely impact adjacent properties that the applicant will obtain county and SED approvals upon Zoning Board approval and will satisfy and comply with any outstanding comments from the Township Engineer’s Review Memos and any other outstanding comments from township professionals. e Concerning lighting and landscaping, Mr. Miskov referenced A2, specifically stating that they are providing some foundation planting along the building in the front, parking setback to help in buffering of that parking setback variance and proposed 35 arborvitaes with the privacy fence and the retaining wall to help buffer the adjacent residential properties. With lighting, there will be multiple poles and two (2) mounted fixtures with state of the art LED fixtures that provide safe, compliant light levels with excellent uniformity all fixtures are downward facing with controlled asymmetrical distributions per CME’s memo from

s with state of the art LED fixtures that provide safe, compliant light levels with excellent uniformity all fixtures are downward facing with controlled asymmetrical distributions per CME’s memo from April. e In regard to the circulation of vehicles on the proposed site, Mr. Miskov that it is a typical 20 foot wide driveay minimum standard for a two (2) way driveway with 9x18 stalls which is typical parking width and depth. Overhang can be provided if needed with a 24 feet backup which is standard for a parking area. From his understanding, in regard to circulation for emergency vehicles and trash truck deliveries, they will handle 64 gallon totes with maybe six (6) of them in there and will be pulled out and picked up by a hauler who will most likely use smaller vehicles where if needed a smaller truck could be used in the space next to the refuse area. He said that a truck turning exhibit could be provided at a later date, but

there is not an expectation that there would be large trucks coming in and out of the site. e Mr. Miskov said that when there is a blizzard with a lot of snow, there will be adequate space at the top and back sides of the site. BOARD QUESTIONS e L. Cohen asked how close is the side facing the new edition to the property line Mr. Miskoy said that at its closest point, it is 9.05 feet. R. Miller asked if the utility pole currently on the stream in front of 512 will be relocated. Mr. Miskov said no that the driveway is off to the side from the utility pole. Ms. Miller asked how close it is to the driveway. Mr. Miskov said it is approximately four (4) feet. Ms. Miller asked if exiting vehicles will be in the line of sight. Mr. Miskov said it is like any other standard driveway on a thoroughfare like Pleasant Valley Way. T. Dubovy asked how high the retaining wall near the trash area is going to be. Mr. Miskov said that most of the wall is two (2) feet high, with a maximum height of four (4) feet in the middle, dropping back down to one (1) foot at the left corner. B. D. Scott asked if there is going to be a median because of it being a two (2) way street. Mr. Miskov said no but that this application is eliminating one (1) of the driveways so that should help with some of the traffic. W. M. Barbee asked if when the existing building will be torn down if the drainage will be controlled and how. Mr. Miskov said that currently, most of the site is covered by a bituminous parking area that currently just gets runoff from the building, spilling on grade, running down the drive, hitting the property lines, and traveling to the south, toward the corner. To mitigate, the development is to install curbing for the parking area, which controls and collects the water. It directs it to an inlet the back corner with a permeable paver system that will let the water filter through, storage, gravel, and then ultimately overflow into storage pipes (three rows of perforated 24 inch pipe) in the back. Storm events would overflow out into this scour hole in the same place where the water goes now and it is decreasing all the peak flows and volumes considerably from, the existing condition. Mr. Barbee asked about the slope being a 10 feet incline or going down from north to south, and it was mentioned that the snow would be pushed to the rear, and that brings up whether it