3 12 25 WO PB Draft Minutes

1 DRAFT MINUTES TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING March 12, 2025 7:30 P.M. The Township of West Orange Planning Board held its regular meeting on March 12, 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 • The next Planning Board special meeting will be held Wednesday, March 19, 2025 at 6:30 P.M in person. • The next Planning Board regular meeting will be held Wednesday, April 2, 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; Councilwoman Susan Scarpa; 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 MINUTES & RESOLUTIONS 12-11-2024-WO-PB-Draft-Minutes Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Morgan: ----

2 Bagoff: Y Scarpa: ----- Cardoza (Alt.2): Y Smeraldo: ----- Guarino: Y Wilkes: Y Kapferer: Y Klein: Y Mayor McCartney: Y 1-8-2025-WO-PB-Draft-Minutes Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Morgan: Y Bagoff: Y Scarpa: Y Cardoza (Alt.2): Y Smeraldo: Y Guarino: Y Wilkes: Y Kapferer: Y Klein: --- Mayor McCartney: Y 2/5/2025 WO PB Draft Minutes Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Morgan: Y Bagoff: Y Scarpa: Y Cardoza (Alt.2): Y Smeraldo: Y Guarino: Y Wilkes: Y Kapferer: Y Klein: --- Mayor McCartney: Y

3 EXECUTIVE SESSION Summons Filed-Complaint-with-Exhibit SWEARING IN • The Township Professional(s) sworn in. APPLICATIONS • PB-24-14 172-174 Main Street LLC Block: 83 Lot: 1&5.01 Zone: B-1 172-174 Main Street The applicant, 172-174 Main Street, LLC, proposes to construct a 3rd floor addition to an existing 2- story building and convert the building to a mixed-use building. The proposed mixed-use building will contain 2,824-SF of office space on the 1st floor and a total of seven (7) residential units on the 2nd and 3rd floor. Additionally, twenty-six (26) existing on-site parking spaces will also be provided. (The applicant has requested to be adjourned to the April 2, 2025, Planning Board regular meeting) • PB-20-03/The Alpert Group, LLC 18 Central Avenue Block: 9; Lots: 32, 36; Zone: Central Valley Corridor Redevelopment Area Mixed use project with 94 residences, 1223 of amenity, 3640 sf of commercial space and related infrastructure. PRESENTATION • The attorney, Patrick Collen, on the behalf of the applicant states there was a preliminary final matrix site plan approval on this property and as part of that there is a soil remediation that is ongoing and now, they have done everything that can be done. • There is an adjacent property, which is Block: 9 Lot: 32, they have tested some of the materials related to that property, but to do a full test, the building has to be demolished, and it is currently owned by the municipality. • They are requesting a one-year extension to allow them to completely remediate the site and proceed with construction. • The property is considered a brownfield site. NO BOARD QUESTIONS NO PROFESSIONALS QUESTIONS NO PUBLIC QUESTIONS NO PUBLIC COMMENT Motion: Chairman Bagoff Second: Mr. Smeraldo Alper: Y Morgan: ---- Bagoff: Y Scarpa: Y

4 Cardoza (Alt.2): ---- Smeraldo: Y Guarino: Y Wilkes: Y Kapferer: ---- Klein: Y Mayor McCartney: Y • PB-25-01 West Orange Community House 250-252 Main Street Block:114 Lot: 78 The applicant, Paul Cito – West Orange Community House proposes to construct an exterior stairway on the southern side of the existing two-story building. The applicant does not propose to change the exterior of the building nor to impact impervious coverage or any other element of the property, as part of this application PRESENTATION • The attorney, Greg Mascera, on behalf of the applicant, states the property is in the downtown redevelopment zone. • They are seeking to add an exterior staircase on the left-hand side towards the rear of the property. • The staircase has been depicted in the plans. • They are seeking no variances; this is simply a site plan approval. • Paul Cito entered on the record, and he was sworn under oath. He testified to the following: • Paul Cito is the executive director of the Community House and they run a preschool program at 242 Main Street, after school programs in 5 elementary schools, a summer camp at Edison Middle School, and own the gym at 250-252 Main Street. • They purchased the building in 2009. They have renovated throughout the years and opened it as a gym in 2017. • It is solely used as a gym at this time. • The building is 40 feet high. • Mr. Cito has entered into negotiations with the West Orange Board of Education for use of the building. • They are planning on putting 6 classrooms on the existing first floor. • Mr. Cito has in mind a proposal to add a mezzanine. The height from the floor of the gym to the proposed mezzanine is 13 feet. • Mr. Cito has presented preliminary plans to the township of West Orange and has been reviewed by anyone of a number of departments. • Mr. Cito presented plans that called for a mechanical room on the new mezzanine that is still under the existing roof that exists. • Mr. Cito was told that he could not put a mechanical room on the mezzanine because they needed egresses. There is no egress because there is no second floor. • The proposed staircase will serve to satisfy an egress to the mechanical room. • Mr. Cito was told by someone from the fire department that stairs would be absolutely necessary.

5 NO BOARD QUESTIONS PROFESSIONALS QUESTIONS • Mr. Haizel wanted to confirm based on the testimony that the staircase will be used to service the mechanical room and doesn’t plan on having any students utilize it. Mr. Mascera said that it is correct. NO PUBLIC QUESTIONS GENERAL DISCUSSION PRESENTATION • The architect, Peter Mandic, entered on the record, he was sworn under oath, and his credential were accepted by the board. He testified to the following: • Mr. Mandic designed the staircase. • Mr. Mandic presented the side elevation of a typical stair they are proposing and is constructed of metal grates, its steel treads, they are all perforated, there is steel guardrails, there are steel posts that go into the ground, there are concrete footings that go a minimum of 3 feet. • On the top left of the slide presentation, there is the stair that goes on the left-hand side of the site, that is about 8 to 10 feet space between the adjacent property, which has a fence, and gives more than enough egress from the mechanical space that is located on the 2nd floor. • On the right it is the second means of egress, which also exits onto the adjacent sidewalk of the right-side o the property looking at it from Main Street. • The stairs are not proposed to increase the amount of impervious coverage in or around the site. • The slope of the property will not be impacted by the installation of these stairs. • Mr. Mascera summed up by stating they have an application does not require variances. The only possible property that can be impacted is the property next door owned by the applicant. The stairway will have no adverse impact on the community or the zoning code. They have heard the testimony from the architect of that nature and have heard the testimony from Mr. Cito that the intended use of the stairway would be to create access to the mechanical room on the 2nd floor. There is no issue of safety or welfare. BOARD QUESTIONS • Chairman Bagoff asked regarding the waivers, Item 20: Copy and /or deletion of any existing or proposed D restrictions or covenants. Are there any? Mr. Mascera said there are not. • Chairman Bagoff asked regarding any existing or proposed easement or land reserved for dedicated public use, plans indicate that there is a proposed encroachment into the public right of way on the northern side of the building which should be shown on the plans.

nt or land reserved for dedicated public use, plans indicate that there is a proposed encroachment into the public right of way on the northern side of the building which should be shown on the plans. Did you show that on the plans? Mr. Mascera said that is not a public right of way, that is a sidewalk between 242 and 250. • Chairman Bagoff asked regarding Item 23: The applicant should identify any permits and approvals that will be required for the installation of the improvement. Mr. Mascera said yes.

6 • Chairman Bagoff asked regarding Item 25: The applicant should identify any waiver or exceptions that will be requested required for this application, are there any? Mr. Mascera said not other than what has been propped and addressed. • Chairman Bagoff asked regarding the applicant providing the list of properties within 250 feet of the property however they do not provide an illustrative map showing this. Mr. Mascera said that was resolved by supplemental submission. • Chairman Bagoff asked regarding Item 44: The applicant should identify any lighting that is proposed on the exterior in proximity of the proposed staircase, is there any lighting proposed? Mr. Mascera said yes. • Chairman Bagoff asked regarding Item 49: The applicant should show the access path to and from the proposed staircase. Mr. Mascera said it was submitted already. • Chairman Bagoff asked regarding Item 52: Is this in compliance with COAH requirements. Mr. Mascera said yes. • Mayor McCartney asked does the staircase, if it extends, does it still need a sidewalk that is a residential street. Mr. Mandic said yes it does. NO PROFESSIONALS QUESTIONS NO PUBLIC QUESTIONS NO PUBLIC COMMENT Motion: Chairman Bagoff Second: Mr. Klein Alper: Y Morgan: ---- Bagoff: Y Scarpa: Y Cardoza (Alt.2): Y Smeraldo: Y Guarino: ---- Wilkes: Y Kapferer: ---- Klein: Y Mayor McCartney: Y • PB-24-19 TheWayMaker LLC Block: 106 Lot: 20.03 Zone: R-1 40 Eagle Ridge Way The applicant, TheWayMaker, LLC, proposes to undertake site work on a lot with an existing one-family dwelling. The proposed site work includes the installation of a subsurface chamber infiltration basin in the rear yard, as an enhancement to a previously approved stormwater seepage pit detention system. PRESENTATION • The attorney, Priscilla Triolo, on behalf of the applicant, stated that unfortunately, the Chairman’s recommendation that there be a meeting held for Global Resolutions of the situation with the stormwater at Crystal Point at Eagle Ride and Llewellyn Park was not successful.

7 • At the request of the board, Paul Grabowski, is present to testify regarding the questions that have arisen about the ditch. • The contractor, Paul Grabowski, entered on the record, he was sworn under oath, and his credential were accepted by the board. He testified to the following: • Mr. Grabowski is a contractor who does site work and was engaged by TheWayMaker LLC to do the site work at 40 Eagle Ridge Way. • Mr. Grabowski did the excavation for the pool and the pool house. • Mr. Grabowski installed the 10-tank seepage pit system and did it in accordance with the plans prepared by Matarazzo. • The general contractor contacted Mr. Grabowski’s office in the summer of 2023 concerning the conditions of the ditch on the property. • Mr. Grabowski received a call to clean the ditch and put in rip rap in the summer of 2023. • After this Mr. Grabowski continued to work at 40 Eagle Ridge Way and was notified that there was a potential violation issue with regard to the rip rap in the ditch in November 2023. • Mr. Grabowski was told to put rip rap in the ditch but he already put rip rap in the ditch. • In November of 2023 a deficiency notice concerning the rip rap was received. • That deficiency notice instructed them to add rip rap and Mr. Grabowski added more as they requested. After November, they never received a violation. • At 2 separate times, Mr. Grabowski cleaned the ditch and put in rip rap. • Mr. Grabowski did not change the ditch, move it from one side to another, or change the direction that the ditch was already in existence. • Mr. Grabowski came across 2 broken pipes while working on the ditch. These pipes were made out of vitrified clay and were compromised due to age. • Mr. Grabowski replaced these broken pipes with an elliptical concrete pipe in the exact location where the broken pipes were. • Nothing else was done with regard to the ditch or the rip rap or any construction down in that area. BOARD QUESTIONS • Mayor McCartney asked was any of this work done near a steep slope. Mr. Grabowski said no • Mayor McCartney asked did you come to the town to say there is a broken pipe on a steep slope in pre-existing conditions that needs to be repaired. Mr. Grabowski said he was directed by soil conservation to repair what was there as far as putting rip rap in the ditch and replaced the broken pipes. • Mr. Klein asked if there was a disturbance on

. Mr. Grabowski said he was directed by soil conservation to repair what was there as far as putting rip rap in the ditch and replaced the broken pipes. • Mr. Klein asked if there was a disturbance on the steep slope. Mr. Grabowski said the disturbance was pre-existing, everything was pre-existing except with the exception of adding rip rap that was authorized by soil conservation. • Ms. Kapferer asked did the soil conservation district directed you to replace the pipe. Mr. Grabowski said they directed him to put rip rap in the ditch. • Ms. Kapferer asked regarding the pipe replacement, did the conservation district provide guidance about what kind of pipe or the size of pipe to use in the replacement? Mr. Grabowski said there were 2 broken12 12-inch pipes, and he put in 1 large concrete pipe that accommodates the same kind of flow that previously flowed through the vitrified clay pipes. • Chairman Bagoff asked, did the plans given to the soil conservation district show the new pipes. Mr. Triolo said she thinks it was added.

8 • Chairman Bagoff asked if it was approved by the soil conservation district with the new pipes in place. Mr. Grabowski said he is being told by authorities to do certain things and that’s what he did. • Chairman Bagoff asked did you see the letter from Mr. Scott on his evaluation of the site. Mr. Grabowski said no he hasn’t. • Chairman Bagoff asked what type of equipment did you use to clean the ditch and prepare it to put the rip rap. Mr. Grabowski said it was a track excavator. • Chairman Bagoff asked if there was any possibility that the ditch has moved. Mr. Grabowski said no, they just followed where the water was flowing through the ditch. • Mayor McCartney asked if there is no increase of the water flowing, where is the water going, is it being captured. Mr. Grabowski said it’s at the end of the drainage ditch and it ends right at the property line of 40 Eagle Ridge Way. It doesn’t get captured; it just flows. PROFESSIONALS QUESTIONS • Mr. Scott asked were you the contractor that was doing the work on the site for 40 Eagle Ridge Way. Mr. Grabowski said yes. • Mr. Scott asked regarding putting rip rap in the ditch, was that a directive from the soil conservation district. Mr. Grabowski said yes. • Mr. Scott asked what was the reason for soil conservation district on site. Mr. Grabowski said they periodically check on the site conditions as they progress with the construction. • Mr. Scott asked does the 1-acre disturbance go all the way over to the area of the ditch or was the disturbance of the ditch part of the application to the soil conservation district. Ms. Triolo said there were permits issued for the pool and pool house then there was a separate permit issued for the stormwater control seepage pits and all of those were permitted and inspected as they were installed. None of the work included none of the plans and none of the work submitted included the ditch. • Mr. Scott asked the work at the ditch only took place after the visit by the soil conservation district and the direction that given by the inspector. Ms. Triolo said that is correct. • Mr. Scott asked is your testimony that you did not reroute the ditch, you just added rip rap and then replaced the 2 12-inch pipes that were discovered during the time you were following directions from the soil conservation district. Mr. Grabowski said yes. PUBLIC QUESTIONS • Michael DeCheser at 35