Planning Director Memo Dated August 29 2022

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 1 TOWNSHIP OF WEST ORANGE 66 MAIN STREET, WEST ORANGE, N.J. 07052 Department of Planning and Development ROBERT D. PARISI Tel: (973) 325-4108 Fax: (973) 325-6359 Mayor Email: planning@westorange.org TO: Planning Board Members FROM: Paul Grygiel, AICP, PP, Township Planning Director DATE: August 29, 2022 RE: PB 22-08/Cummings Block: 80.03; Lots: 10 & 21; Zone: R-1 Ridge Road and Mount Pleasant Avenue Preliminary and Final Minor Subdivision with Variance INTRODUCTION The applicant is proposing to subdivide a currently undeveloped property at the intersection of Ridge Road and Mount Pleasant Avenue into four lots. The application includes requests for preliminary and final major subdivision and “c” variance approval. LAND USE The property is located in the R-1 zone and is currently vacant. Its total area is 552,878 square feet (12.7 acres). Ridge Road is developed with low-density single-family detached residential uses to the west, but there is also a mix of land uses in the surrounding area. These include the Goddard School daycare/preschool, office and commercial uses to the north along Mount Pleasant Avenue, multifamily residential to the east (Crestridge Apartments) and senior living/nursing care facilities to the west (Arden Courts and Brookdale West Orange) with Essex County Country Club further to the west.

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 2 SUBMISSIONS ITEM SIGNED BY DATE/REVISION ALTA/NSPS Land Title Survey James A. Conway, Jr., PLS 5/11/2022 Preliminary and Final Subdivision Plat Robert P. Freud, PE, PP 7/27/2022 Planning Report Robert P. Freud, PE, PP 8/8/2022 Environmental Impact Statement Robert P. Freud, PE, PP August 2022 Traffic Impact and Parking Assessment Justin Taylor, PE, PTOE, LEED AP and Nick Verderese, PE, PTOE 8/5/2022 VARIANCES REQUIRED SECTION/REQUIREMENT PERMITTED /REQUIRED EXISTING PROPOSED VARIANCE 25-28.8b and c Disturbance of Steep Slopes 25% or greater Not permitted NA 3,640 square feet “c” PROPOSED DEVELOPMENT The subject property is located on the south side of Mount Pleasant Avenue and the west side of Ridge Road a short distance to the east of Prospect Avenue. Ridge Road is not a public street. It is a 30-foot wide private drive. The subject property is currently vacant, with the exception of remnants of former development such as rock walls, fencing and a brick path. There are steep slopes on the site, particularly on the eastern portion of the property adjacent to a cliff face on the property to the east. The site has a grade change of 122 feet, with elevations ranging from 510 feet to 632 feet. The applicant is proposing to subdivide the property into four lots, which would have the following lot areas: • Lot 1: 118,714 square feet (2.73 acres) • Lot 2: 99,559 square feet (2.28 acres) • Lot 3: 169,390 square feet (3.89 acres) • Lot 4: 165,215 square feet (3.79 acres) Schematic layouts of dwellings and driveways are shown on each lot. A stormwater detention basin is shown on each lot. Site improvements are limited to the western portion of each lot, except for a storm sewer line leading from the basin on each lot into the eastern portion of each lot. Much of the eastern and northeastern portions of the site contain steep slopes and/or are

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 3 within the required setbacks from property lines or the cliff face that runs along the boundary with Lot 36 to the east. The total area of disturbance on the property is 3.7 acres, according to the Environmental Impact Statement, meaning over 70 percent of the overall site will remain undisturbed. DISCUSSION/RECOMMENDATIONS Zoning Compliance The subject property is located in the R-1 Residential zone district. The proposed single-family residences are permitted in the zone. The proposed subdivision complies with all R-1 zone bulk standards. As noted, a variance is required for disturbance of steep slopes 25 percent or greater. Variance Proofs The Municipal Land Use Law (MLUL) at N.J.S.A 40:55D-70c permits a board of adjustment to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance. A “c(1)" variance is for cases of hardship due to factors such as shape or topography, or due to “an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon.” A “c(2)” variance may be granted where 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. The applicant must also 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. Issues This application is classified as a “major subdivision” by the Land Use Regulations Ordinance. The applicant’s name on the application form (William Cummings) is different than what is listed on a number of the submitted documents (SHI Builders). This should be clarified. It appears from the subdivision plat that the only improvements proposed to Ridge Road is a strip along eastern edge of the existing paved area, which is on the subject property. The applicant’s professionals should confirm this is the case, and discuss whether any other improvements to the existing road are warranted.

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 4 The front yards setback lines for the four proposed lots are shown as measured from the existing property line, which is within the paved area of Ridge Road – meaning less than a 40 foot setback would be provided. It is noted a front yard in West Orange is measured from “the front street line of the lot and the front line of the nearest roofed portion of the building,” per the definition in the Land Use Regulations Ordinance. However, the definition of a “street line” in the Ordinance is “the dividing line between the street right-of-way and a lot, tract, or parcel of land which street line shall be no less than 25 feet from the center line of the street to right-of- way.” Therefore, the front yard setback may need to be measured from a distance further back from the edge of pavement. There are bus stops on both sides of Mount Pleasant Avenue just west of Ridge Road. The applicant should provide testimony regarding the possibility of providing a sidewalk along the street frontage, or other pedestrian safety improvements, given the site’s proximity to these bus stops. It is noted there is also a pedestrian access point from the Brookdale at West Orange senior housing development on the opposite side of Ridge Road from the subject property. Approximate property boundaries (image from Google Maps)

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 5 Looking south at Ridge Road from Mount Pleasant Avenue Northwest corner of subject property viewed from Mount Pleasant Avenue

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 6 Two views of Mount Pleasant Avenue frontage