06 Previous PB and ZBA Decisions

previously and to have dimensions of 60 feet wide by 54 feet deep and other changes that are shown; Brian Intintola,Licensed Professional Engineer ofNew Jersey specializing in traffic matters referred to the Traffic Report of Harvey Yesowitz,stating it was a conservative study, recommends the findings and agrees that there is sufficient capacity for access to and from the site that will function at acceptable levels; and P.David Zimmerman,Licensed Professional Engineer and Licensed Planner testified explaining that he had studied the plans and site and was familiar with the applicable ordinances and area and testified that the proposals indicated would upgrade the site and would satisfy the positive and negative criteria involved for the granting of a "D" variance to allow two principal uses on the premises which is not allowed and also that the benefits would far outweigh any detriment supporting a "C-2" variance; and pointed out that the arbor vitae proposed would add to the utility and beauty of the property and would be beneficial to the neighborhood ; and that there was a need for the sign that was involved ; and WHEREAS, various members of the Board questioned the various witnesses; and WHEREAS, the Public Advocate was in attendance but did not ask any of the questions ofthe witnesses; and WHEREAS, the comments and reports of Susan Borg,Township Planner and the comments and report of Allan J.Palmere, Assistant Township Engineer were considered; and his comments with respect to the reports of Christopher P.Statile, regarding the bridge inspection on the property were particularly noted; and WHEREAS, no one else appeared in favor of the application and no one else appeared either in favor ofor in opposition to the application ; and Page 3

WHEREAS, it was pointed out that the previous application for the development ofthis strip mall was denied by the Board on July 15,1999 ,memorializing the action of denial taken June 17,1999; and WHEREAS, the Board by Resolution adopted August 17,2000 found that the new application was sufficiently different so that there was no finding of res judicata so that the Board could consider this new application; and WHEREAS, all the facts and data contained in the submitted application and all the facts and testimony adduced at the public hearing on said application are incorporated herein as Findings of Fact ofthis Board as ifset forth at length herein; and THE BOARD HAVING MADE THE FOLLOWING SPECIFIC FINDINGS OF FACT AND CONCLUSIONS: A. Applicant is the owner of Lots 5,8.04 and 10 in Block 157 shown on the Tax Maps ofthe Township of West Orange and is commonly known as 451-471 Mt. Pleasant Avenue,West Orange,New Jersey. B. The property is located in the B-2 zone,essentially a business zone. C. Lot 10 is an entrance from Pleasant Valley Way to the Metropolitan Plant Exchange Shopping Mall located on Lot 5 and consists of various stores and a large parking lot oflong standing which fronts on Mt.Pleasant Avenue. There is a bridge on Lot 10 which leads to the Metropolitan Plant Exchange. Adjoining Lot 5 is Lot 8.04 on which is located a two story dwelling type structure with a garage in the rear,which said dwelling type structure had been occupied for residential purposes and more recently for commercial use. Page 4

D. Applicant has submitted revised plans seeking approval for the demolition and removal ofthe existing dwelling type structure and garage in the rear on Lot 8.04 and to combine Lot 8.04 with Lot 5. The Applicant then proposed to erect a one story free standing retail building 3,240 square feet with dimensions of 60 feet by 54 feet so as to have been reduced substantially from the prior plan. Further the easterly side yard will be increased by 4 feet and the sidewalk increased accordingly. E. The ordinance for the B-2 Zone does not permit 2 principal uses on the same lot. Therefore a "D" variance is sought for that purpose regarding the constructing of the free standing retail building referred to. In addition various "C" variances are required for permission to have 182 parking spaces instead of 215 as required ; for a minimum sidewalk width of 4 feet instead of 5 feet as required,for dispensing with the 75 foot buffer to the residential area required in addition to setback requirements,for maximum lot coverage of 84.8% instead of 60% as permitted; for the installation of a sign,being essentially an identification sign for the development; for a waiver of the requirement to submit an Environmental Impact Statement since the site is already built; for amended site plan approval and to consolidate all lots into one lot. F. The Metropolitan Plant Exchange,namely Lot 5,was the subject matter of an application before the Planning Board of the Township of West Orange which on March 23,1994 adopted a resolution regarding the providing of 190 parking spaces minimum and for allowing the Metropolitan Plant Exchange to conduct Page 5

some ofits sales and storage outdoors. G. On July 1591,1999 the Board denied the prior application for development of this site. H. Revised plans were then submitted as were considered by the Board and their experts resulting in a hearing conducted by the Board on July 20th,2000 to determine whether or not the new application was sufficiently different to avoid the imposition of a finding of res judicata ; and the Board determined that res judicata would not be a bar as the new application was sufficiently different and a resolution accordingly was adopted August 17th,2000,thus permitting the Applicant to proceed with the application for the revised development based upon the revised plan. The licensed professional planner satisfied the positive and negative criteria and indicated that the proposed use would be the best use of the property and would have a positive impact on the neighborhood and would present positive improvements that would improve the strip mall and would not have a negative impact on the neighborhood and that the minimal increase in traffic would not have any negative impact on the area. I. The granting of the use variance to permit 2 principal uses on the same lot will not have any substantial detriment to the neighborhood or to the public good,safety and welfare. J. The benefits that would arise from the granting of the use variance would be that it will conform to what is best for the operation ofsuch a strip mall and would improve it and would be a positive impact for the neighborhood without having Page 6

any negative impact on the neighborhood. K. To grant Applicant's relief will not substantially impair the intent and purpose of the Zoning Ordinance and Master Plan of the Township of West Orange. L. The various "C" variances sought are necessary to the proper development of the improvements for the shopping mall site. M. The Applicant has sustained their burden ofproof insofar as satisfying the positive and negative criteria are concerned and has established to the satisfaction of the Board that the character ofthe neighborhood will be improved by granting the relief sought and there would be no negative impact on the surrounding area. N. The proposed application does advance the purposes ofthe Municipal Use Law as enunciated in NJSA 40:55D-2. 0. Granting the application would not negatively impact on the character of the neighborhood and will not negatively affect the residents in the neighborhood. A motion to approve the Application to allow a use or "D" variance to permit 2 principal uses on the same lot so that the existing two family dwelling with garage in the rear located on Lot 8.04 may be demolished in order to construct a satellite building for 2 offices or stores to be part ofthe Metropolitan Plant Exchange Strip Mall and for the various "C" variances requested in connection therewith as above recited was made by Sam Rosenberg and seconded by Perry Jambor and voted upon as follows: Page 7

AYES NAYS ABSTENTIONS Blind Jambor Rosenberg Vecchio Weiss 0 0 NOW, THEREFORE,BE IT RESOLVED,that the Zoning Board of Adjustment ofthe Township of West orange,based upon the Findings of Fact and Conclusions aforesaid and upon the laws established in the State of New Jersey, hereby grants the application of Diener Mt.Pleasant Associates,LTD for a use or "D" variance to permit two uses on the same lot at premises 451-471 Mt.Pleasant Avenue,West Orange,New Jersey being Block 157,Lots 5, 8.04 and 10 on the Tax Maps of the Township of West Orange to allow them to demolish the existing building on Lot 8.04 and the garage in the rear and to construct on Lot 5 and 8.04 which lots shall be consolidated along with Lot 10 into one lot a single story building for offices or stores in accordance with the plans and does hereby grant the various "C" variances needed and requested which include lot coverage of 84.8% percent instead of 60% as permitted,parking for 182 spaces instead of 215 as permitted,sidewalk width to be 4 feet instead of 5 feet as required, 75 foot buffer to residential area in addition to setback requirements to be waived and an identification sign to be erected in accordance with the plans ; and for the waiver of the requirement of an Environmental Impact Statement and for approval of the Amended Site Plan . NOW, THEREFORE,BE IT FURTHER RESOLVED,that the grant ofthe said variances shall be conditioned upon the Applicant's and full and complete satisfaction of the following conditions: 1. The ground sign to be installed shall be to the satisfaction ofthe Township Planner Page 8

including the PIN lettering . 2. A safety sign shall be installed and maintained at all times requiring no left turn into Mt.Pleasant Place. 3. A stockade fence shall be erected on the northeast boundary to the satisfaction of the Township Planner. 4. Existing landscaping is insufficient and a further landscape plan shall be submitted to the Township Planner for her approval and all plants and landscaping required thereby shall be planted accordingly and maintained by the Applicant in perpetuity . 5. Hardwood mulch shall be used around all plantings and replaced annually . 6. All plants,shrubs and trees that die shall be replaced with plants of equal or better quality in conformance with the approved landscape. 7. A sewer fee of $1.43 per square foot of the floor area of the proposed building will be required in accordance with Ordinance Number 1328-95. 8. A development fee must be paid by the Applicant in accordance with Ordinance Number 1136-92. 9. The Applicant shall obtain a tree cutting permit before proceeding with any tree removal and landscaping work. 10. The Applicant shall obtain approvals needed from the Essex County Planning Board,the New Jersey Department of Transportation and the Hudson,Essex, Passaic Soil Conservation District, before proceeding and submit the same as evidence that they have been obtained to the Township Planner. 11. All requirements recommended by the Engineering Department of the Township of Page 9

West Orange shall be performed which includes the following: A. The existing bridge on Lot 10 shall be implemented in accordance with the recommendations of Charles Statile, Engineer,to include a new 3 beam guardrail, repair the damage to existing pipe rail and chain link fence, repair the existing electrical service conduit and replacement of the concrete parapet at the northwest corner ofthe bridge. B. The rip-rap channel protection along both abutment footings needs to be constructed to prevent further scouring at the footings. C. A stream encroachment permit shall be obtained if required from the New Jersey Department of Environmental Protection for the construction ofthe rip-rap channel protection. D. Water that still ponds at the bridge shall be corrected so as to remove the same. E. Signs shall be posted on the property and on Pleasant Valley Way advising motorists ofthe weight restrictions on the bridge indicating signs that shall read "no trucks on bridge" with addition oftwo advance warning load posting signs and directional arrows on Pleasant Valley Way to be approved by the Township of West Orange and the County of Essex. F. The bridge shall be inspected annually and report of same submitted to the Engineering Department ofthe Township of West Orange annually. G. Such further plans with respect to the maintenance of the bridge as above stated shall be submitted to the Engineering Department for approval. H. The Applicant's engineers shall submit to the Engineering Department ofthe Page 10

Township of West Orange further topographical information to show that the area will drain to the proposed new inlets and dry well. I. Surface runoff calculations as needed for the areas contributing to the proposed inlet shall also be submitted to the Engineering Office ofthe Township of West Orange. J. Water ponds near the existing dumpster near Mt.Pleasant Place must be eliminated. K. Tire stops have to be replaced in the parking spaces along the river. L. Some pavement repairs and crack sealing are required. M. Some parking stalls will have to be restriped . N. Wall repairs are needed along the river near Mt.Pleasant Place . 12. The approvals are conditioned on the West Orange Fire Department approval. 13. All Findings of Fact and Conclusions of Law set forth herein are deemed conditions that are binding upon the Applicant. 14. The Applicant shall execute,prior to the issuance of a Certificate of Occupancy, an Affidavit of Compliance certifying they have fulfilled all conditions set forth which shall be to the satisfaction ofthe Township Planner, Engineering Department and Building Department of the Township of West Orange who shall be furnished with a copy of this resolution. No certificate of Occupancy shall be issued until receipt of an executed Affidavit of Compliance approved and signed by the Zoning Official. Page 11

MOVED BY: Perry Jambor SECONDED BY: Anthony Vecchio THOSE IN FAVOR: 4 THOSE OPPOSED: 0 ABSTENTIONS: 0 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 October 19,2000 and that said resolution memorializes the action of the Zoning Board taken at its meeting held on September 21,2000,granting the application by a vote of 5 to 0 affix) .e.dzo_2 ELLEN ROSS,Board Secretary Page 12