PB-21-10 Altera 769 - 769 Northfield Avenue

RESOLUTION Township of West Orange Planning Board PB 21-10 Altera 769, LLC/ 769 Northfield Avenue Block: 166.15 Lot: 9; Zone: OB-1 Decided on March 2, 2022 Memorialized on April 6, 2022 C (1) and (2) Variances and Preliminary and Final Site Plan Approval WHEREAS, Altera 769, LLC (Hereinafter the “Applicant”) has made an application for c (1)and (2) Variances and Preliminary and Final Site Plan approval in order to upgrade the existing building fagade along with an addition of a canopy at the building’s entrance and to reconfigure and improve the existing parking area on-site, including the construction of additional sidewalks and striping at property located at 769 Northfield Avenue, also known as Block: 166.15; Lot 9, in the OB-1 Zone; and WHEREAS, a properly noticed public hearing was conducted on March 2, 2022; and WHEREAS, the Applicant was represented by Lisa A. John-Basta, Esq. of the firm Chiesa Shahinian & Giantomasi P.C.; and WHEREAS, the Applicant provided testimony by Joseph Sparone, P.E., P.P. of Dynamic Engineering, a professional civil engineer and planner whose credentials were accepted by the Board (For both Engineering and Planning); and WHEREAS, the Applicant provided testimony by Lance Blake, R.A., A.L.A., of Rotwein + Blake, a licensed architect in the State of New Jersey whose credentials were accepted by the Board; and WHEREAS, the Applicant submitted the following documents to the Board in the form of the application package: ITEM SIGNED BY DATE/REVISION Site Plans R. Colucco, Dynamic Last Revised January 24, 2022 Engineering Architectural Plans L. Blake, Rotwein + Blake Last Revised February 17, 2022 Traffic Impact & Parking C. Peregoy, Dynamic Traffic Last Revised January 28, 2022 Assessment Tree Removal Report with M. Roller, Dynamic Last Revised January 2022 Exhibits Engineering

Application for Tree Removal and Replacement Permit Applicant January 20, 2022 Operations and Maintenance Manual Phase | Stormwater Management Dynamic Engineering January 2022 Report Stormwater Management Dynamic Engineering January 2022 Stormwater Management Operation and Maintenance Manual Phase II Dynamic Engineering January 2022 Report of Geotechnical Investigation Dynamic Earth September 23, 2021 Solid Waste Management Avison Young September 23, 2021 Plan Application Form Applicant January 2022 Sustainability Checklist Form January 31, 2022 Electric Vehicle Parking Exhibit Dynamic Engineering February 17, 2022 Vehicle Circulation Exhibits- Fire, Refuse and Delivery Dynamic Engineering February 17, 2022 Low Impact Development Checklist Dynamic Engineering February 16, 2022 Affidavit of Publication and Service Applicant’s attorney February 24, 2022 WHEREAS, representatives of the public asked questions of the witnesses and had an opportunity to offer statements in regard to the application; and WHEREAS, the Board reviewed and considered the application, testimony and documents submitted therewith; and WHEREAS, the Board also considered the input of its professionals at the hearing; and NOW THEREFORE, the Board makes the following findings of fact, based upon the evidence presented at its public hearings, at which a record was made: 1. The Applicant is requesting preliminary and final site plan approval with variance relief for Phase I of the development and preliminary site plan approval with variance relief for Phase II of the development in order to upgrade the existing building fagade along with an addition of a canopy at the building’s entrance and to reconfigure and improve the existing parking area on-site, including the construction of additional sidewalks and striping at property as well as stormwater improvements and the erection of a monument sign along the frontage.

The Phase | development to consist of upgrades to the existing building fagade along with the addition of a canopy at the building’s entrance and to re-configure and improve the existing parking area on site, including the construction of additional sidewalks and striping, in order to allow for improved site circulation and more efficient vehicular access, as well as compliance with ADA accessibility standards and the erection of a new monument sign along Northfield Avenue, and Phase II of the development to consist of the construction of 56 additional parking spaces for a total of 282 spaces and is dependent on future tenant needs, and upgrades to the stormwater system. The property is located on Northfield Avenue and the surrounding area is characterized by single family residential development to the Northeast, medical offices and commercial building to the South, single family dwellings and a church to the Northwest. . The application requires the following bulk variance relief from the Board: Phase |- Preliminary and Final Site Plan Section Required Existing Proposed | 25-7.1 Part B Max permitted lot 57.3% 60.4%, 81.3% coverage 50% effective 25-27.4.b(4) No person shall be Removal of trees permitted to “Cut ona slope down or remove any greater than 15% tree ona slope of as shown on 15% or greater in Demolition & grade or ona slope Tree Removal where vegetation is Plan (Phase 1) last presently stabilizing revised soils where a tree 1/24/22by removal permit is Dynamic submitted in Engineering connection with a (Sheet 4 ), and development Landscape Plan application, ora (Phase I) last parcel upon which a revised new development is 1/24/22by contemplated Dynamic Engineering (Sheet 13) And Report last revised January L 2022by Marla L.

— Roller of Dynamic more is prohibited. Maximum disturbance area permitted is 20% for slope area of 20-25% slope. Engineering 25-8.8b&c. Disturbances of Applicant slopes of 25% or proposes disturbance of 20.1% of the slope area of sloes in excess of 25% and disturbance of 23.5% of the slope area of 20- 25% slope. 25-28.8.f(11) and 25-8.4(c) Retaining walls will comply with the applicable wall height requirements for the zone in which the property is located. All retaining walls greater than four feet in height shall require a variance and certification by a professional engineer that the wall was constructed in accordance with approved plans. Proposed retaining wall to exceed four (4’) feet. ground level shall not exceed 0.5 of a footcandle at the property line, nor 0.3 of a footcandle at any property line 25.14.1¢ Light poles shall not Approximately exceed a height of twenty-five (25’) 18 feet above feet high normal grade in the vicinity of the light fixture 25.14.1d The level of Greater than 0.3 illumination at of a footcandle and 0.5 of a footcandle at the property lines (2.1 fe at residential property lines

parking areas in the OB-1 Zone: 1.5 footcandles required abutting a property and 1.8 fc used by or zoned for proposed at residential use. other property lines) 25.14.3 Minimum level of Illumination less illumination within than 1.5 ofa footcandle within parking area (1.0 fc proposed) 25.15.3(c)(1)(g) Maximum width of a freestanding sign on a property with a minimum lot frontage of 100’: 6’ (Including supporting structure) Freestanding sign width greater than 6’ (7’ proposed) 25-12.1and 12.2 452 parking spaces 226 parking spaces 226 parking spaces (modified during the public hearing to 224 parking spaces) Phase Il- Preliminary Site Plan remove any tree ona vegetation is presently stabilizing soils where a tree removal permit is submitted in connection with a development application, or a parcel upon which a new permitted to “Cut down or slope of 15% or greater in grade or on a slope where Section Required Existing/Proposed 25-7.1 Part B Maximum permitted lot 70.1%; 94.4% effective coverage in the OB-1 proposed District is 50% 25-27.4b(4) No person shall be Removal of trees on a slope greater than 15% as shown on Demolition & Tree Removal Plan (Phase Il) last revised 1/24/22 by Dynamic Engineering (Sheet 5 ), and Landscape Plan (Phase II) last revised 1/24/22 by Dynamic Engineering (Sheet 14) And Report last revised January 2022 by Marla L. Roller of Dynamic Engineering

development is contemplated 25.28.8.c Disturbances of slopes of Disturbance of 35.2% of 25% or more is prohibited. | the slope area of slopes in excess of 25% and Maximum disturbance disturbance of 39.7% of the area permitted is 20% for | slope area of 20-25% slope. slope area of 20-25% slope. 25.28.8f(11) Retaining walls will comply | Proposed retaining wall to with the applicable wall exceed 4 feet. height requirements for the zone in which the property is located. All retaining walls greater than four feet in height shall require a variance and certification by a professional engineer that the wall was constructed in accordance with approved plans. 25-14.1¢ Light poles shall not Approximately 25’ high exceed a height of 18 feet above normal grade in the vicinity of the light fixture 25.14.1d The level of illumination at | Greater than 0.3 of a ground level shall not footcandle and 0.5 of a exceed 0.5 of a footcandle | footcandle at the property at the property line, nor lines (2.1 fc at residential 0.3 of a footcandle at any | property lines and 1.8 fc property line abutting a proposed at other property property used by or zoned | lines) for residential use. 25-14.3 Minimum level of Illumination less than 1.5 of illumination within parking areas in the OB-1 Zone: 1.5 footcandles required a footcandle within parking area (1.0 fc proposed) 25-12.1and 12.2 452 parking spaces 282 parking spaces (modified during the public hearing to 280 parking spaces)

5. NJ.S.A. 40:55D-46a. and b. and N.J.S.A. 40:55D-50a. govern the Board’s review of the Phase I preliminary and final site plan application and Phase II preliminary site plan application. N.J.S.A. 40:55D-46a provides that an “ordinance requiring site plan review and approval shall require the developer submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met.” N.J.S.A. 40:55D-46a further provides that “The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.” N.J.S.A. 50:55D- 46b provides that “if the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development” and “the planning board shall, if the proposed development complies with the ordinance and this act, grant preliminary site plan approval.” N.J.S.A. 40:55D-50a. provides that final site plan approval “shall” be granted if the detailed drawings, specifications, and estimates of the application conform to the standards of all applicable ordinances and the conditions of preliminary approval. As such if the applicant meets the standards set forth in the ordinances, the planning board lacks the authority to deny approval of the site plan and subdivision. N.J.S.A. 40:55D-50a; PRB Enters., Inc. v. S. Brunswick Planning Bd., 105 NJ. 1,7 (1987); Dunkin' Donuts of N.J., Inc. v. Twp. of N. Brunswick Planning Bd., 193 N.J. Super. 513, 515 (App. Div. 1984). Conversely, if the application does not comply with all ordinance requirements, the Board must deny approval. Cortesini v. Hamilton Planning Board, 417 N.J. Super. 201, 215 (App. Div. 2010). However, there are two exceptions: (1) The first exception is where an application does not comply with all ordinance requirements but the Board grants relief in terms of variances or exceptions. In that case, the Board then must review the application against all

ere an application does not comply with all ordinance requirements but the Board grants relief in terms of variances or exceptions. In that case, the Board then must review the application against all remaining ordinance requirements and grant approval if the application complies with all such remaining requirements. 6. N.J.S.A. 40:55D-60 permits a planning board to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance as part of site plan or subdivision review. The variance proofs are the same as for “c” variances as set forth in N.J.S.A. 40:55D-70. A “c (1)” variance permits a variance froma bulk or dimensional provision of a zoning ordinance, such as frontage, when, by reason of exceptional conditions of the property, strict application of a bulk or dimensional provision would present peculiar and exceptional practical difficulties or exceptional hardship to the applicant. Such exceptional conditions may include the dimensions of the property, topographic conditions, or some other extraordinary or exceptional feature unique to the property. A c (2) variance may be granted when the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements

outweigh any detriments. The benefits derived from granting a “c (2)” variance must include benefits to the community as a whole, not just the applicant or Property owner A “c” variance must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. This application requires the following variance relief, as well as site plan approval: Phase I- Preliminary and Final Site Plan Section Required Existing Proposed 25-7.1 Part B Max permitted lot 59.3% 60.4%, 81.3% coverage 50% effective 25-27.4.b(4) No person shall be Removal of trees permitted to “Cut ona slope down or remove any greater than 15% tree ona slope of as shown on 15% or greater in Demolition & grade or ona slope Tree Removal where vegetation is Plan (Phase I) last presently stabilizing revised soils where a tree 1/24/22by removal permit is Dynamic submitted in Engineering connection with a (Sheet 4 ), and development Landscape Plan application, ora (Phase 1) last parcel upon which a revised 1/24/22 new development is by Dynamic contemplated Engineering (Sheet 13) And Report last revised January 2022 by Marla L. Roller of Dynamic Engineering 25-8.8b&c. Disturbances of Applicant slopes of 25% or proposes more is prohibited. disturbance of 20.1% of the slope area of

Maximum disturbance area permitted is 20% for slope area of 20-25% slope. sloes in excess of 25% and disturbance of 23.5% of the slope area of 20- 25% slope. 25-28.8.f(11) and Retaining walls will Proposed 25-8.4(c) comply with the retaining wall to applicable wall exceed four (4’) height requirements feet. for the zone in which the property is located. All retaining walls greater than four feet in height shall require a variance and certification by a professional engineer that the wall was constructed in accordance with approved plans. 25.14.1¢ Light poles shall not Approximately exceed a height of twenty-five (25’) 18 feet above feet high normal grade in the vicinity of the light fixture 25.14.1d The level of Greater than 0.3 illumination at of a footcandle ground level shall and 0.5 of a not exceed 0.5 of a footcandle at the footcandle at the property lines property line, nor (2.1 fe at 0.3 of a footcandle residential at any property line property lines abutting a property and 1.8 fc used by or zoned for Proposed at residential use. other property lines) 25.14.3 Minimum level of Illumination less illumination within than 1.5 ofa parking areas in the footcandle within