Plg Dir Memo Dated 9 15 2022 PB 22 10 Altera 769 LLC Phase 2

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 3 to change. The primary change is to create a drop-off lane and a separate lane with a row of handicap parking spaces to the rear of the building. Certain existing parking spaces would be removed and circulation aisles modified to provide for these changes. The parking lot would be expanded to the north to provide replacement parking spaces. A fenced 10 foot by 20 foot trash enclosure is proposed at the southeastern corner of the expanded parking lot. The application includes two phases. Phase 1, for which approval has been granted, will include remodeling of the building, upgrades for Americans with Disabilities Act (ADA) compliance, modification of site grades and replacement of parking spaces to maintain the same number of spaces. The applicant originally indicated Phase 2 will only be constructed if required by one or more future tenants, and would provide additional parking and stormwater management facilities. The applicant is seeking to add 54 parking spaces in Phase 2, for a total of 282 parking spaces. The overall layout of the Phase 2 improvements, including number and location of parking spaces, appears to be unchanged from the previously reviewed site plan. The applicant’s engineer should confirm whether this is the case, as well as note any changes on the Phase 2 plans compared to those reviewed previously, such as for landscaping and lighting. The Municipal Land Use Law (MLUL) at 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-70c. 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. A “c” variance applicant also must address the “negative criteria,” and

ved 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 applicant also 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. The applicant’s planner should provide testimony as to how the above variance proofs are addressed for the two requested variances. It is noted this application was reviewed by the Township of West Orange Site Plan Review Advisory Board (SPRAB) on February 8, 2022, and the applicant has responded to all of the site plan and design issues raised at this meeting. Therefore, further review by the SPRAB is not required.