Minutes · Jul 16, 2026
July 16, 2026, Regular Meeting
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Show all pagesabout what that actually looks like, and finally a variance for open space is being requested where it is required to provide one (1) square foot of open space for every square foot of building area with the gross floor area being 10,682, and because of that is required to provide 10,682 square feet of open space where the applicant is proposing to provide half of that at 5,477. Addressing the D2 expansion of a non-conforming use variance. Ms. Marione cited the case “Burbridge vs. Mine Hill”. In this case, the owner lived on the lot where he also had his business, but his business was salvaging repairs, essentially a junkyard for cars. When the owner started to enclose the junkyard to mitigate the exposure and impact, the town argued it was expanding and non-conforming use. And the courts had said in this phase, that the established proof required for the expansion the special reasons can be met through the aesthetic improvement of the non- conforming site, making it more visually compatible. Ms. Marione said that this application is not about making something pretty, but promoting the general welfare. The application site is certainly not a junkyard, and the existing mixed-use structure visually conforms with the surrounding neighborhood, but there are things to be said for this expansion and how it advances the zone plan and general welfare. The lot consolidation is taking two (2) non-conforming lots and bringing them into conformity. The current parking layout has no setback from the rear line, and this is allowing now a real setback and a landscape space in the rear of the existing structure. The site is adding new trees and landscaping, proposing permeable pavers and a stormwater detention basin, with the expansion designed to blend seamlessly with the existing building, surrounding buildings, and the neighborhood. The expansion allows for a building that is more in compliance with life/safety regulations and updated building code requirements. The special reasons for density, the DS, the implied density standard here is about how a site can accommodate the proposal. The new office square footage is 4,660 square feet, so 19 spaces and six (6) spaces for the residential. Ms. Marione said that the proposed parking layout meets all parking requirements for space dimension and aisle width. It takes two points of conflict, the two (2) driveway entrances,
the residential. Ms. Marione said that the proposed parking layout meets all parking requirements for space dimension and aisle width. It takes two points of conflict, the two (2) driveway entrances, and reduces it to one (1). It's a double sword in some way, because a variance to allow parking in the front yard, even though parking is not actually in front of the structure is being requested. It's on its own lot, and that parking is within that required yard. This situation of the front yard parking or parking in front of the structure or parking in the front yard is very consistent with the rest of the buildings along Pleasant Valley Way. There's parking in front of the orthodontist and parking in front of the strip mall not too far from here. This is done, of course, to meet the parking standard, but done in a way that's more efficient. Finally, the site actually has really great access and walkability. There are three stops for New Jersey Transit buses. The park is also only 2 miles away from the Eagle Rock Reservation is only two (2) miles away from the site, which is a nice segue into the variance for open space most likely to be used by residents. The maximum lot coverage standard is being increased by less than 1%. The proposal includes the permeable pavers, as was spoken about at length by the engineer, and a stormwater management system of the underground detention basin. It makes the site incredibly capable for handling any runoff issues or issues that are usually come along with block coverage. The application site is required to have a buffer with a planted
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- Sep 29, 2026
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