15 12 17 Katsanos Chit Chat Diner West Orange Prior Zoning Board Resolution of Approval

RESOLUTION ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WEST ORANGE 2B-15-11/Panorama, LLC d/b/a Chit Chat Diner WHEREAS, Panorama, LLC, d/b/a Chit Chat Diner, (the ‘“Applicant”), with an address at 15 Mountainview Court, Totowa, New Jersey, with the consent of Thea, LLC, with an address at 15 Mountainview Court, Totowa, New Jersey, owner of the property located at 410 Eagle Rock Avenue, being block 111, Lots 1.05 and Block 109 Lot 1.01 on the Tax Map of the Township of West Orange, located in the B-2 zone and partially in the PURD zone; and WHEREAS the Applicant filed an application with the Zoning Board of Adjustment of the Township of West Orange (“the Board”), for preliminary and final site plan approval, with a “Dp” use variance “C1” and “C2” bulk variances to demolish an existing diner building on site and construct a new diner, to wit, ds Section 25-7.1 Table of District Regulations: A “D” use variance to allow a diner with accompanying parking to be constructed and operated in the PURD Zone, where same is not permitted;

Section 25-11.2 Table of District Regulations: A “Cc” variance for minimum side yard setback to a residential zone of 27.05 feet when 75 feet is required; Section 25-12.2b.1 Table of District Regulations: A “Cc” variance for 85 parking spaces when 91 are required (1 space for each 3 seats or stools or 1 space for each 45 square feet of floor area available to partrons). Section 25-12.1.1 Table of District Regulations: A “Cc” variance to allow for front yard parking when same is not permitted in the B-2 zone; Section 25-12.3a2(a) Table of District Regulations: A “Cc” variance from the required one loading space for up to 15,000 square feet, when no loading spaces are proposed; Section 25-15.3 C. 2. (d) Table of District Regulations: A “Cc” variance to allow a free standing sign to be set back .1 foot from the property line whereas 10 feet is required in the B-2 zone; Section 25-15.3 C. 2. (d) Table of District Regulations: A “C” variance to allow a free standing sign to be 108 square feet when only a 50 square foot sign is allowed in the B-2 zone; Section 25-15.3 C. 2. (d) Table of District Regulations: A “C” variance to allow a free standing sign to be 12 feet wide when only 6 feet wide is allowed in the B-2 zone;

9. Section 25-15.3 C. 2. (d) Table of District Regulations: A “Cc” variance to allow a free standing sign to be 16 feet 10 inches high when 16 feet is maximum free standing sign height allowed in the B-2 zone; 10. Section 25-15.3 C. 2. (d) Table of District Regulations: A “C” variance to allow a free standing sign to have a 7.83 foot clearance from the ground when 8.0 feet is required in the B-2 zone; 11. Section 25-15.4c. Table of District Regulations: A “Cc” variance for a sign in excess of 6 feet to have a setback from the cartway of 12 feet instead of the required 20 feet; 12. Section 25-15.4c. Table of District Regulations: A “C” variance for a sign in-excess of 6 feet to have a setback from driveway of 22 feet instead of the required 50 feet; 13. Section 25-12.1p Table of District Regulations: Perimeter trees only, proposed, when 1 tree for every 10 spaces located within the parking lot is required; 14. Section 25-28.1: A variance to allow the construction, disturbance and clearing of the 4.29% of the subject property in an area with a steep slope in excess of 25%, where no disturbance is allowed; 15. Section 31-1.4 B. (4): A tree removal permit; 16. A soil removal permit;

17. A waiver from the requirement to provide an environmental impact statement; 18. A waiver from item number 31 of the checklist, for existing and proposed contours intervals 200’ feet beyond the subject property; 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 meetings of the Board held on October 15, 2015 and November 19, 2015; and WHEREAS, the Applicant was represented by attorney Robert C. Williams, Esq.; and WHEREAS, the Applicant offered the testimony of Michael Dipple, a New Jersey licensed professional engineer, who was recognized by the Board as such, who testified as to the existing site conditions and proposed improvements for the site, including the proposed new building, a new drainage system that

included an underground detention facility to discharge into the Eagle Rock Avenue storm sewer, to replace an unacceptable present condition that had the majority of the run-off flowing over the neighbor’s property before exiting onto Eagle Rock Avenue; and expanded parking lot and signage. Mr. Dipple then prepared a revised site plan between meetings after hearing comments from the Board about the location of the handicap parking and the use of the rear door; he also presented a lighting plan, that was again revised at the suggestion of the Township’s consulting engineer, the plan was reworked so as to not have any dark pockets in the parking lot; and WHEREAS, the Applicant offered the testimony of Steven B. Lazarus, a New Jersey licensed architect, who was recognized by the Board as such, who described the physical features of the proposed new diner with 182 patron seats, kitchen areas and storage area above the walk in freezer unit that will be for dry storage only, and the elevation that will allow patrons to view the New York City skyline from the dining room; and WHEREAS, the Applicant offered the testimony of Ms. Elizabeth Dolan, a New Jersey licensed professional engineer specializing in traffic related studies, who was recognized by the Board as such, who testified that she was familiar with the site and had prepared a Traffic Impact Study, which included traffic counts at Eagle Rock Avenue on weekday evenings and Saturday at lunchtime, which the Applicant predicts will be its

busiest times, and using ITE trip figures for a diner, predicts that that ingress and egress from diner driveways will be at “C” and “D” levels of service during peak hours, which is acceptable service for a site on a double yellow line striped road, such as Eagle Rock Avenue; she further discussed the planned parking, noting that on a square footage basis the Applicant needs 91 spaces, but on a per patron seat calculation the Applicant would need 61 spaces, and proposes 85 spaces, that in her opinion the parking seems adequate and the applicant only needs, at worst case scenario a variance for 6 spaces; that the existing diner had 175 seats, the proposed diner has 182 and thus this Application is adding 10 additional parking spaces; and WHEREAS, the Applicant offered the testimony of Mr. Peter Steck, a New Jersey licensed professional planner, who was recognized by the Board as such, Mr. Steck highlighted features of the Application, such that the Applicant is only adding 7 additional diner seats, but adding a larger building that has been designed to take advantage of the New York skyline views the property offers, that the property is irregularly shaped with a large currently underdeveloped section going eastward on Eagle Rock Avenue from the existing diner building, that portion of the property being in the PURD zone, that the Applicant requires a D-1 variance for this portion of the property, he further testified that the Applicant has presented testimony

that has satisfied the positive and negative statutory criteria in order for the Board to grant the use and bulk variances requested. Mr. Steck further testified that the relief requested can be granted under both the use and bulk variance statutory criteria in that the purposes of the Municipal Land Use Law would be advanced by allowing these variances because it would allow for the appropriate use of land in an appropriate lecation; that the small portion of the property in the PURD zone cannot be developed for residential purposes because of its steep slope, that the best use of the PURD zoned section of the property is for additional parking to serve the B-2 use, and that it would be a hardship to enforce the PURD zoning on the eastern portion of this property, that the Applicant presents a more desirable visual environment as the current property is closed and blighted; that the benefits outweigh the detriments for the “C” bulk and signage variances, the steep slope disturbance will be minor, the split zone nature of the property is unique, that the 2010 Master Plan encourages economic development, special reasons have been demonstrated and the grant of the variances will therefore not be substantially detrimental to the public good and will not substantially impair the zone plan and zoning ordinance; and WHEREAS, the Applicant offered the following Exhibits: A-1 Architectural plans;

A-3 Revised A-2 front elevation; A-4 Sheet A2.1 rear and east side elevations; A-5 location of HVAC units; A-6 Site Plan, pages 1-17, September 25, 2015; A-7 Colorized site plan with landscaping; A-9 sample building materials; A-10 revised site plan, 11/5/15, 15 sheets; A-11 colorized rendering of sheet CO-4, with landscaping; A-12 plan of rooftop equipment and parapet; and WHEREAS, members of the Board questioned the Applicant’s attorney and its witnesses; and WHEREAS, the following members of the public questioned the Applicant’s witnesses: Ivy Cutler, 10 Smith Manor Blvd., who expressed concerns about possible rock falling during construction; Lawrence Rolnick, a resident of Westfield, New Jersey who stated he is a member of Typhon Realty, LLC, which owns the office building adjacent to the Application site, (Lot 1.07) who stated that there was an agreement between a previous owner of Lot 1.07 and the previous diner owner regarding the diverting of run-off over Lot 1.07 which has not been carried out and that water from the Application property cascades onto Lot 1.07; he also asked if the rooftop HVAC equipment could be better

screened from the view of his office space tenants who will look down upon the roof; and WHEREAS, Public Advocate Harvey Grossman appeared at the hearings; and WHEREAS, no members of the public commented upon the application: and WHEREAS, the Board considered the report of Paul Grygiel, Township Planner dated October 1, 2015 and his Site Plan Advisory Review Board Report of September 23, 2015 and his testimony at the hearings; and WHEREAS, the Board considered the reports dated October 6 and November 16, 2015 of Eric Keller, of Bowman Consulting, special engineering consultants to the Board; and WHEREAS, the Board considered the Report of Township Forester, John Linson dated September 30, 2015. NOW THEREFORE, the Board hereby makes the following Findings of Fact and Conclusions of Law: 1. The Applicant has the consent to make this Application from the owner of the property located at being block 111, Lot 1.05 and Block 109 Lot 1.01 on the Tax Map of the Township of West Orange and located in the B-2 and PURD zone. 2.The Applicant seeks preliminary and final site plan approval to build a 182 seat diner with 81 parking spaces and four banked spaces.

. The site is located partially in the B-2 and PURD zones and is the site of the former Eagle Rock Diner and the former Pals Pancake House, which operated successfully at the site for many years. . Applicant requires preliminary and final site plan approval with a “D” use variance for the PURD section of the property, “C” bulk variances as listed above, a tree removal permit and a soil removal permit. . The new diner will be a modern facility taking advantage of the beautiful skyline views the property has to offer, and improved parking. . The planned improvements, which contain an underground retention facility will greatly improve an unacceptable present condition whereby storm water runs off the current property onto a neighboring property. . The portion of the property in the PURD zone cannot feasibly be developed for residential housing and thus the Applicant has demonstrated a hardship as to that portion of the property. . The site is particularly suited to be used as a diner, as that has historically been the use of the property. . The Application will create a desirable visual environment where there is now a blighted closed business. There will be no negative impact on the subject site and the surrounding area.