Town CrierWest Orange, New Jersey
← Back to search

Supporting Documentation · Dec 15, 2022

ZBA Application Package 92922

Preserved file SHA-2561dd196b15ef52b2c41c84c1015909429afed7f89bb21a042cc3246219881485b

Indexed text

Page 19

hose numer io enter. 84) -)3;el7i2tolsy3 EAM Certification Under penalties of perjury, leerily that: 3, The number shown on this fore is my correct taxpayer (enutcation number (or | am wating for a number to be issued to me}; and 2, 1ari not subject tc backup witsholding oecause: (2) 1 am exempt from backup wathholding. or fbi] have not been Aotified by the Internal Revenue Service (IRS) that | am subject to backup withholding as @ reguit of a failure te report all interest o° divicends, o: /¢} the IRS has notified me thet lam. ‘no longer subject to backup withneicing: anc 3.Jam e U.S, citizen or oiner U.S, person Wetined below), and 4. The FATCA code(s} entered on this form (if any) indicating that | am exempt trom FATCA report Certification instructions. You must cross out item 2 ahove if you have been netdisd by tne IAS that you are currently subject to Backup wuthhalding because you have falted to report ait interest arta dividencs on your tax raisin. For real esiate transections, tem 2 dcas not apply. For morgage interest paid, acquisition or abandonmisrt of secures property, cancellation ot debt, contributions to an individual retvement arrangement {IRA}, and generally, payments other than interest and dividends, you ae net required to sigh the Certification, out you must provids your correci TIN. S¢e the instructions for Part {i later. Sign Si a ignature of 4 0 ¢£ 4 F . Here | US. person® -... es ee a ee pater fp 2D. é + Form 1098-Di¥ idiwidends, including those from stocks or mutua! General Instructions funds) Section references are to the Internal Revenue Code unless otherwise + Form 3099-MISC (various types of income, prizes, awards, or gross noted. oreceeds} : Future developments. For the latest information about developments related te Form W-9 and its instructions, such as legislation enacted afier they were published, go to wew.irs. gouFormivg, Purpose of Form An individual or entity (Fora W-S requester who 's required to fife an information retura with the IRS must obtain your correct taxpayer identitcation number (TIN) woich may be your social security number {SSN}, individual taxpayer identification number (TIN), adoption taxpayer identification number (ATIN}, or employer identification number 4IN), te report on an information return the amount paid to you, or other amount reportable on ani information retum. Examples of

Page 19

xpayer identification number (ATIN}, or employer identification number 4IN), te report on an information return the amount paid to you, or other amount reportable on ani information retum. Examples of information retums include, but are not limited to, the followring. * Form 7099-INT (interest eacned or paid) + Form 1099-8 (stock or mutual fund salas and certain other iransactons by brokers) * Form 1099-S (proceeds from real estate transactions} * Form 7099-K (merchant car and third pany network transactions} + For 1098 nome mortgage interest, 1098-E istuclent joan interest, 1086-T ttuition} + Form 1099-C (canceled debt} + Form 1099-A {acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resi¢ant en), to provide your correct TIN. If you go not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. a Cat. He. 16232 Ferm W-9 (Rev, 10-2018)

Page 20

SUSTAINABILITY CHECKLIST FORM APPLICANT — PRINT OR TYPE = ALL SECTIONS TO BE COMPLETED: OK (Date) SUSTAINABLE BUTLDING AND DESIGN: STANDARDS Name of LEED Accredied Professional working on project: Building addition not going for LEE accreditation List of Energy Star and WaterSense appliances, fixtures and onstruction techniques: Project would propose LED/ Energy Star fixtures as well as Water Sense fixtures List of green and recycled building materials tn new construction, enovation, and maintenance: Low VOC paint and recycled carpet in bedrooms: Waste Management Plan for reeyeling and’vr reuse of 60 pereent of all construction and demolition of waste generated in projects Inrger than $25,0000; NA Use of any water efficient Tandseapi Yes - Refer to Landscaping Plan (Plant Schadule) on Engineering Site Plans heat island effect sch as: @ Construction of roof top gardens to reduce solar gain in summer and insulate in winter G2) Use of roofing materials that are no darker than a light gray or demonstrate how altemate roofing materials reduce the urban heat island effeot Use of any onsite renewable energy systems such as: NA a Solar Gi) Wind (iil) Geothermal Details of roofing materials designed to reduce the urban | nia Deiails of any sustainable stormwater systems employed such as: Bioswales’ caingardens Penmeable susfaees Grey water systems Reiention and detention facilities Continuous wrenching Retention and Detention system - See civil pians ‘A list of native and well adapted species used in landscaping to eliminate the need for fertilization and pesticides: ‘Yes - Refer to Landscaping Plan {Piant Schedule} on Engineering Sile Plans Note: Please indicate for each of the sustainable building design items listed, the extent to which the measure is being incorporated in the project or, altematively, indicate the reason(s) why it is not being incorporated in the project. Av of April 2, 2015

Page 21

Maruccl ENGINEERING ASSOCIATES, LLC ENGINEERS ° SURVEYORS ° PLANNERS ~ Established 2001 ~ POST OFFICE Box 509 PHONE (973) 887-3066 CEDAR KNOLLS, NEW JERSEY 07927 FAX (973) 887-3066 PLANNING REPORT 87-89 ASHLAND AVENUE WEST ORANGE ESSEX COUNTY NEW JERSEY TAX MAP BLOCK 61 LOTS 44 & 45 The subject property is located in the J — Industrial zone. The Industrial zone permits various uses, including offices, warehousing, wholesale business, auto service and repair, and machine shops. The subject property is situated in the northwesterly side of Ashland Avenue, between White Street and Park Avenue. Although the area is zoned industrial, the northwesterly side of Ashland Avenue is mostly residential in character. EXISTING USE: In the existing condition, the subject property consists of a three story residential building, with six (6) one — bedroom residential apartments. Photograph No. 1 depicts the existing dwelling on the leit, together with the accessory driveway between the subject property and the existing three story dwelling to the right. PROPOSED USE: In the proposed condition, the applicant proposes the construction of a three story addition, over the existing accessory driveway, for two (2) additional three-bedroom residential units. Access to the rear parking area will be maintained under the proposed addition. The rear accessory parking area will be improved with nine (9) parking spaces, including drainage and lighting improvements. DISCUSSION Residential use is not permitted in the 1 — Industrial zone. However, Ashland Avenue is predominantly residential in character, along the northwesterly side, between White Street and Park Avenue. Photograph No. 2 indicates the predominant residential structures from the subject property, in a southerly direction towards White Street.

Page 22

Photograph No. 3 indicates the predominant three story dwellings, beginning from the subject property’s accessory driveway, in a northerly direction towards Park Avenue. Photograph No. 4 shows the entrance driveway, between the subject property three story dwelling to the south, and the adjacent three story dwelling to the immediate north. Photograph No. 5 shows the existing rear open area of the subject property. POSITIVE CRITERIA The I — Industrial zone permits uses as described above, namely, office, warehousing, wholesale business, auto service & repair, and machine shop. The current residential use is considered existing, non-conforming, and the proposed addition will be considered an expansion of the non-conforming use. A Class (D-2) Use Variance is required for an expansion of a non-conforming use. The Zoning Board of Adjustment can grant the D-2 Use Variance pursuant to special reasons where the project is in character with the neighborhood, and the project carries out one or more of the purposes of zoning, and the site is particularly suitable for the proposed use. Clearly, the subject property is in character with the surrounding area, as evidenced in the attached Photographs. The site is particularly suitable for the proposed use as evidenced by the Photographs, with respect to the surrounding residential uses, in similar height, and in alignment with the existing buildings along Ashland Avenue. Several other reasons to permit the expansion of the non-conforming use: 1. Permitted industrial uses will not fit into the existing character of the northwesterly side of Ashland Avene. 2. The parking area will be improved with nine (9) parking spaces together with drainage improvements and lighting improvements. The addition is designed aesthetically, maintaining the same residential character, similar height, and alignment along Ashland Avenue. 4. The site is located within walking distance to local neighborhood shopping and public transportation. wo 2 of §

Page 23

Several purposes of zoning are promoted, pursuant to the Municipal Land Use Law (MLUL). a). The promotion of public health, safety, morals and general welfare. Additional rental apartments will contribute to the viability of the local neighborhood businesses. b). To secure safety from fire, flood, panic and other natural and manmade disasters. New construction will require a fire sprinkler system for tenant safety. c). To provide adequate light, air and open space. Addition will occupy the area between the two existing buildings, while retaining the access driveway and open space to the rear. e). To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods. i). To promote a desirable visual environment through creative development techniques. Positioning the addition along the existing front prevailing setback, as well as the similar height, will maintain the existing character of the area. NEGATIVE CRITERIA Relief can be granted with respect to the negative criteria, as follows: 1. Without substantial detriment to the public good. The addition will be in character with the area with respect to its use, including the prevailing setback and the building height. The additional residential tenants will contribute to the viability of local businesses. i) Without substantially impairing the intent and purpose of the zone plan and zoning ordinance. The addition is in character with the residential uses along Ashland Avenue. Permitted Industrial uses would not be suitable for the subject property or be in character with the existing residential pattern along Ashland Avenue. PARKING As indicated in the photographs, a paved area exists on the right side and rear of the subject property. Existing parking spaces are not delineated. Pursuant to Section 25-12.2, fifteen (15) parking spaces are required. The application proposes nine (9) parking spaces, including one (1) van-accessible parking space. ‘The parking area will provide one parking space per residential apartment. 3 of 5

Page 24

A Class (C) variance is required for the deficiency in the parking requirement. The parking variance can be granted for the following reasons: 1, Public transportation is available within walking distance to White Street, Park Avenue and Main Street. 2. The trend of working from home has reduced the need for vehicles and related parking. MAXIMUM LOT COVERAGE A Class (C) variance is also required for exceeding the maximum permitted lot coverage. The Industrial zone requires a maximum permitted lot coverage of 75% while the application proposes a coverage of 90.8%. The lot coverage is directly related to the need for parking, which contributes to the increase in impervious coverage. The plan proposes a stormwater management system with underground infiltration of stormwater runoff. The proposed drainage system offsets or otherwise compensates for the increase in lot coverage CONCLUSION The proposed addition of two residential apartments is in character with the area in terms of residential use, prevailing setback and building height. The special reasons are consistent with the Municipal Land Use Law to allow the Zoning Board of Adjustment to grant the Use Variance, parking variance, and the maximum lot coverage variance. The variances can be granted without any substantial detriment to the public good, and without substantially impairing the zone plan or the zoning ordinance. 4 of 5

Page 25

Respectfully submitted, LT ses Anthony Marucci, PE-LS-PP NIPP Lic. #33L100212400 DATE: August 22, 2022 Reference: Site Plans prepared by Anthony Marucci, PE-LS-PP Marucci Engineering Associates, LLC Dated: August 15, 2022 Architectural Plans prepared by Inglese Architecture & Engineering Dated: August 22, 2022 5 of S

Page 26

.00T = ..F 23 1v9S dVW NOILVOO7T ALIS Te ON d¥W XVL SONVUO LS3M AO dIHSNMOL T \ t i | 1 \ \ 1 | 1 FA 5 8 i § BAW GNYIHSY a ‘2 we teint epi ir nae Gal al 6 ko oH HR ae eros at : l. we as & Bec or oH Yor Homily Boo & youre tana fe 8 Ey w Bs (3) “er : =e ig oa EW \ fe RAR ROT A ita SE ‘ant Bho 5 u ea ve mo = . d i ; = \ Bex § «2 F o Fag a Sm 4 > fi me E ls : a Wi | f \ ° t — 3 a > wy a a eo P 7 \ 5 a is NIVAL a OY J33HS

Page 27

1 Photograph No.

File revisions (1)