Ltr Diane Chandler Zimmerman enc documents 91224

WHEREAS the Applicant submitted proof of notice of the hearing upon all property owners within 200 feet of the Property and all those entitled to notice; and WHEREAS the Application was heard at a public meeting of the Board held on October 27, 2011; and WHEREAS the Applicant's case was presented by Robert C. Williams Esq.; and WHEREAS the Applicant presented the testimony of Edward Brogan, a licensed professional engineer of the State of New Jersey, who was accepted by the Board as such, he outlined the existing conditions, the prior improvements that have occurred im the past and the planned expansion of the building on site, how the expansion will allow for relocation of the front door to provide a safer ingress and egress for patients and visitors and new configuration for deliveries, he discussed additional buffering to shield the new driveway, that the New Jersey Depa ‘tment of Environmental Protection (“DEP”) approval is not required for these improvements, and that there is one area of steep slope that might require a retaining wall; and WHEREAS the Applicant presented the testimony of David Danton, a licensed professional architect in the State of New Jers Yy, who was recognized by the Board as an expert in his field who discussed the architectural design of the expansion, which will add common areas for the residents, and 5 additional resident rooms and increase the total beds from 40 to 53, and discussed the proposed courtyard and entryway lighting, that the

proposal will require approval from the New Jersey Department of Community Affairs ("DCA"); and WHEREAS the Applicant offered the testimony of Richard Keller, a licensed professional planner and engineer in the State of New Jersey (and no relation to Township Consulting Engineer Eric Keller, of Omland Engineering), Mr. Keller was offered as an expert in planning and accepted by the Board as such, Mr. Keller indicated that his report of July 15, 2011 encompassed all of this planned testimony, that the proposal which calls for a filling in of the current “U” shaped building is a great reorganization of the space, the proposal maintains the existing buffers to Llewellyn Park and has the existing building absorbing all impact of the expansion with the exception of the driveway expansions, that the driveway and entrance redesigns promote the health safety and welfare of residents and other users of the building, that the Applicant has established the criteria for the "“D” variance because the driveway and entrance redesigns promote the health safety and welfare of residents and other users of the building, and there is no detriment to the public good, or to the West Orange Zoning Ordinance or Zoning Master Plan, that the “C” variance for parking should be granted since no additional staff is contemplated after the expansion and the current parking lot adequately serves the needs of the facility and that the applicant seeks a waiver of the traffic study requirement since no real change in quantity of traffic is contemplated, although traffic Flow throughout the site is improved, that the driveway we

variance should be granted under a “Cc” “1” hardship standard, and that the application should be amended to request a continuance of the existing front yard set back that is not exacerbated by this Application and that in his opinion there are no negative impacts to the proposed development; and WHEREAS the applicant offered the following exhibits; A-1 Existing Use A-2 Proposed Use A-3 Floor Plans A-4 Elevations A-5 Aerial Photograph A-6 Photographs 1-4 A-7 Planner’s Report WHEREAS members of the Board questioned the witnesses and the Applicant’s attorney; and WHEREAS there was no questioning from any member of the public and no public comment on the Application; and WHEREAS the Board having made the following specific findings and conclusions: A. The Applicant is the owner of the Property located at 33 Mount Pleasant Avenue, West Orange, New Jersey, being Block 88 Lot 26 on the Tax Map of the Township of West Orange, and located in the OB-2 Zone.

The owner applied to the Board for Amended and preliminary site plan approval with “D” and ‘c" variances as follows: (1) a “D” variance for expansion of an existing non-conforming use as a comprehensive personal care home, when same is not permitted in the OB-2 zone; (2) a “C” variance for provision of only 26 parking spaces when 60 is the minimum number of spaces provided; (3) a “C” variance for minimum driveway width of 18 feet and 20 feet when 24 feet is the minimum width required for a two-way driveway, a traffic study waiver and for a tree removal permit, all for the construction of expansion of an existing Comprehensive Personal Care Home that the Applicant currently operates on site. The Applicant amended its Application at the hearing to request a “C” variance for continuation of a pre- existing front yard set back. The Applicant met the positive criteria for the “Dp” variances in that the Application will promote the health, safety and welfare of the community as a whole and particularly the users of this building due to the redesign of the entrance driveway for drop off and pick ups and added natural light in common areas. The negative o iterla has been established in that there will be no negative impact from this Application because most of the expansion is contained within the ‘U" shape of the existing building and buffering is provided for the expanded driveway area, and the grant of the

Application as modified with the conditions herein will not substantially impair the intent or purpose of the West Orange Zone Plan or Master Plan or the intent of municipal zoning. The “C” “1” variance for driveway width is appropriate on a hardship standard. due to the size of the site, the “c” variance for existing front yard setback is appropriate since no change at the front set back line is contemplated. G. The Applicant has established the criteria for the "C” parking variance since the testimony is that the existing parking lot is often less than half full and no additional staff is contemplated with expansion and the residents do not maintain cars on site. H. The purposes of the Municipal Land Use Law will be advanced by the granting of this variance application. A motion to grant the Applicant's request for Amended and Preliminary Site Plan with a "D” and “C” variances as described herein was made by Chairman Neuer and seconded by Mr. Buechler and voted upon as follows: Buechler Aye Bullock Aye Gabry Aye Steinhart Aye Sussman, Aye Weiss: Aye Neuer: Aye

NOW THEREFORE, be it! resolved by the Zoning Board of Adjustment of the Township of West Orange, based upon the Findings of Fact and Conclusions aforesaid, and upon the laws established in the State of New Jersey, the Board hereby grants the Applicant amended preliminary and final site plan approval, “DY and “C” variances, a waiver and a permit as follows: 1. a “D" variance use as a Comprehensive Personal Care Home which is not permitted in the OB-2 zone. 2. a “C” variance for front yard setback of 23.1 feet when 30 feet is required. 3. a "“C" variance for 26 parking spaces when 60 are required. 4. a “C” variance for driveway width of 18 and 20 feet when 24 feet is the minimum driveway width allowed. S. a waiver of the requirement to submit a traffic report. 6. a tree permit in accordance with the submitted plans all to expand an existing Comprehensive Personal Care Home. BE IT FURTHER RESOLVED that the grant of said variances shall be conditioned upon the Applicant's full and complete satisfaction of the following conditions: 1. All pole lighting in the parking areas shall be on 14- foot poles. 2. Residents of the facility shall not be permitted to maintain vehicles on site.

1o. Before passage of this resolution, the Applicant's engineer shall certify that no steep’ slope variances are necessary. Applicant’s engineer shall submit to the West Orange Engineering Department an updated Operations and Maintenance Manual for the underground detention system prior to the issuance of a continued certificate of occupancy. Any light emanating from any building mounted light fixtures will not cast light over the property line. The interior courtyard lighting shall be minimal. The approval is subject to the approval of the DCA. If any changes are ordered to the plans as a result of that approval process, the Applicant must come back before this Board for approval of said changes. Residents of the facility are to be restricted to the main level only. The exteriors of the new addition will match the main colors of the existing structure. A new sidewalk will be added to the plans to connect to the north side of the parking lot.

11. A decorative retaining wall adjacent to the driveway will be added to the plans. 12. There shall be no residential occupancy of the front main house of the overall building mix. 13. Ansul fire suppression shall be included if the “country kitchen” will include any appliances. 14. Leader drain locations shall be added to the plans before final approval. 15. Copies of any and all stream encroachment permits and the FEMA map shall be provided to the Board's engineer within 10 days of the date of this Resolution. I hereby certify that the foregoing Resolution was adopted by the Zoning Board of Adjustment of the Township of West Orange at its meeting of December 8, 2011 and that said Resolution memorializes the action of the Board taken at its meeting held on October 24, 2011 granting the application, by a vote 7 in L fh. ehf e DeSena, Board secede’ favor, 0 against and 0 abstentions. December 8, 2011

RESOLUTION ZONING BOARD OF ADJUSTMENT TOWNSHIP OF WEST ORANGE APPLICATION: ZB-12-22 WHEREAS, House of the Holy Comforter t/a Canterbury Village, (the “Applicant”), owner of the property located at 33 Mount Pleasant Avenue, West Orange, New Jersey, also known as Block 88 Lot 26 on the Tax Map of the Township of West Orange and located in the OB-2 zone filed an application with the Zoning Board of Adjustment of the Township of West Orange (“the Board”) for amended site plan approval, to amend approval received on December 8, 2011 in Resolution ZB 11-17 from the Board for construction and expansion of its existing facility; and WHEREAS, construction pursuant to the previous approvals is approximately 80% complete and now the Applicant desires to relocate the trash enclosure to the north east corner of the property and to install an emergency generator on site; and WHEREAS the Applicant presented proof that adequate notice of the hearing on the application was published in the West Orange Chronicle, one of the official newspapers of the Board; and WHEREAS the Applicant submitted proof of notice of the hearing upon all property owners within 200 feet of the property and all others required to receive notice; and WHEREAS the Application was heard at a public meeting of the Board held on January 17, 2013; and

WHEREAS the Applicant was represented by attorney Robert C. Williams, Esq.; and WHEREAS, the Applicant presented the testimony of Edward Bogan, a licensed professional engineer of the State of New Jersey who was recognized as an expert in engineering, he testified about the requested changes to the approved site plan demonstrated the locations on the site plan of the new trash enclosure and the generator, he also discussed the noise level of the generator and that it will comply with all applicable noise regulations; and WHEREAS the Applicant offered the following Exhibits: A-1 Site Plan amended through 9/4/12 A-2 Landscape Plan through 9/11/11 A-3 Proposed Landscape Plan through 9/4/12; A-4 Dumpster enclosure detail; and WHEREAS, members of the Board questioned the Applicant's attorney and its witness; and WHEREAS no members of the public asked questions or publicly commented on the Application; and NOW THEREFORE, the Board hereby makes the following Findings of Fact and Conclusions of Law: A. The Applicant is the owner of the Property located at 33 Mount Pleasant Avenue, West Orange, New Jersey, being Block 88 Lot 26 on the Tax Map of the Township of West Orange, and located in the OB-2 Zone. 2 {00263426.DOC}