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

ii. 12. 13 The testimony presented by Peter Steck, professional planner, supported the legal and factual basis for granting all of the variances proposed and required. Mr Steck sufficiently covered the positive and negative criteria necessary for granting the requested bulk variances, including the requested use variance. Mr. Steck also demonstrated that there are special reasons to grant the proposed Application. Mr. Steck further testified that all of the variances could be granted without any substantial detriment or negative impact upon the surrounding area. Mr. Steck further demonstrated that the granting of the requested variances will not substantially adversely impact the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The Board finds that the purposes of the Municipal Land Use Law will be advanced by the grant of the requested “Dp” and “C” variances and granting the requested variances will not be a substantial detriment to the public good and will not substantially impair the general purposes of the Township’s Zone Plan, Master Plan or Zoning Ordinance. The Applicant has demonstrated compliance with the West Orange Tree Removal Ordinance, Section 31-1.1, et. seq. entitled “Trees”, and should also be issued a_ soil removal permit. I

NOW THEREFORE BE IT RESOLVED, that the Zoning Board of Adjustment of the Township of West Orange, based upon the findings and conclusions aforesaid, and upon the Laws established in the State of New Jersey, hereby grants the applicant the following variances and approvals: adie 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. A “C” variance for minimum side yard setback to a residential zone of 27.05 feet when 75 feet is required. A “c” variance for 85 parking spaces when 91 are required (four of which shall be banked spaces, parallel to the western property line). A “C” variance to allow front yard parking when same is not permitted in the B-2 zone. A “C” variance from the required one loading space for up to 15,000 square feet, when no loading spaces are proposed. A “C” 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. 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.

8. 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. A “C” 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. 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... A “C” variance to a sign in excess of 6 feet to have a setback from cartway of 12 feet instead of the required 20 feet. 12. 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. A “C” variances for parking lot Perimeter trees only, proposed, when 1 tree for every 10 spaces located within the parking lot is required. 14. 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. ah. A tree removal permit. 165 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. 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. A super silt fence and hay bales shall be used during construction to protect the office building to the west. 2. Trees shall be planted on the fringe of the parking lot in accordance with Township Forester’s recommendation in his letter dated September 30, 2015. 3. Shrubs shall be planted along the front of Eagle Rock Plan. 4, Trees that are to be removed during construction at the cliff line to the east of the proposed parking lot shall be cut down to the stump only, all root structures are to remain in place so as not to disturb the soil. 5. Sight triangle easements at the driveway exits shall be added to the plans, and the site triangle shall be cleared of all trees. 6. The lighting plan shall be further adjusted to make the parking lot lighting as uniform as possible. Calculations of uniformity levels are to be provided to the reasonable satisfaction of the Township Engineer. 14

7. Applicant shall seek county approval including permission for an exit left turn on to Eagle Rock Avenue. 8. The four parallel parking spaces on the western property line shall be “banked” and replaced with a minimum five foot grass strip with shrub plantings in consultation with the Township Forester. 9. A Knox box shall be placed at the direction of the West Orange Fire Department. 10. The rear door (from the dining room) shall be an emergency exit only, not a means of regular patron ingress and egress. 11. The handicap spaces shall be flush with the curb, to be worked out with the Board’s consulting engineer. 12. The rooftop HVAC equipment will be screened with a Parapet, as depicted on the plans. 13. The Applicant shall have a portable ramp available at all times for deliveries up the four steps in the rear. 14. The Applicant shall comply with all of the remaining recommendations in the Bowman Consulting letter dated November 16, 2015, (with the exception of item numbers 13 and 18, to wit: - The architectural elevations and floor plans, and survey shall be attached (stapled) to the site plan set for any future submissions. . The previously requested additional flush curb = and associated ramp for the (2) westerly ADA parking stalls including the additional ADA ramp will be provided in consultation with the Board’s Consulting Engineer. 15

c. A Knox box for the proposed building shall be provided in a location approved by the Township Fire Official. A note to that effect shall be published on the plans. d. The plans shall be revised to indicate the applicant sought and received the necessary input from the Township Fire Official regarding the extent and placement of any required fire zones on site. e. The site plans shall be revised to confirm that a fire suppression system will be provided, as well as information at to whether the installation of an appropriately designed backflow prevention device is required under the Safe Drinking Water Act Regulations at NJAC 7:10-10 Appendix A. f. Either a grease interceptor shall be shown inline on the proposed sanitary sewer lateral or, may be installed internally, but whichever method is selected, the installation shall be noted on the site plans and architectural plans. g.The design engineer shall develop an alternate means of providing a sanitary sewer connection should lowering the invert of the existing manhole be unfeasible, given the project’s location and the real possibility of encountering bedrock. h. The applicant’s engineer shall investigate whether the condition and construction (brick, precast concrete, etc.) of the proposed invert modifications to the existing sanitary manhole can be accomplished without a complete reconstruction of that structure, to determine whether the installation of a new structure would be more effective. i. The plans shall identify the diameter and material of the proposed water service to the new building. j.The site plans shall show the roof leader drain piping dimensions, materials and discharge locations. k. The architectural drawings shall incorporate that information presented as Exhibit A-5 depicting the proposed locations of the HVAC units as well as any necessary screening. 1. The County Engineer’s office shall be provided with a copy of the stormwater management report and mapping for their review and approval. m. A uniformity calculation shall be published on the lighting plan in any future submissions. 16

- An as-built of the building, parking lots and constructed site improvements (above and below ground) shall be provided, in accordance with Chapter 25-8.13 of the Township Ordinance. - Any retaining walls over four (4’) feet in height will require building permits. The Applicant will be responsible for providing inspection during construction and an engineer’s certification to the Township. A note to this effect shall be provided on the plans. . Accommodations for recycling collection shall be published on the plans, in accordance with Chapter 25-8.14 of the Township code. . The trees along the ridge/cliff line may be cut down but should not be stumped. A noted to this affect shall be placed prominently on the plans. . An engineer’s estimate of probable construction costs shall be submitted in order to determine the engineering inspection fees associated with the proposed site work, as well as the bonding requirements for the proposed utilities and any restoration bonding that might be required. Any escrows and bonds are to be provided to the Township prior to the pre-construction meeting. - The Applicant will obtain the required approvals from the following agencies: e Hudson Essex Passaic Soil Conservation District e Essex County Planning Board e Essex County Road Opening - An updated Stormwater Management Report shall be provided to reflect the current site plan, with minor deviations related to the proposed building footprint and number of proposed parking stalls. 15. A pre-construction meeting with the Township and its professionals is to be held prior to the commencement of any site construction. A motion to grant the Application as set forth above

was made by acting Chairwoman Gabry and seconded by Mr. Sussman and voted upon as follows: Ayes Nays Abstentions DarConte y Nash % Schwarzbaum Y Sussman Y Weiss Y Gabry Y 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 November 19, 2015 and that said Resolution memorializes the action of the Zoning Board taken as its meeting held on December 17, 2015 granting the application by a vote 6 in favor, 0 against and 0 abstentions. Moved: Mr. Schwarzbaum Seconded: Mr. Sussman Those in Favor: 3 Those Opposed: 0 Abstention: 0 7 Rosé DeSena Zoning Board Secretary Adopted: December 17, 2015 tha eee Mie Lille Afi/ 5