Plg Dir Memo ZB 21 21 Daughters of Israel updated 11 4 22

AN EQUAL OPPORTUNITY EMPLOYER www.westorange.org 7 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. For all of the above variances, the applicant must also address the “negative criteria,” and affirmatively demonstrate that each 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. Site Plan and Other Issues At a virtual meeting of the Township of West Orange Site Plan Review Advisory Board (SPRAB) held on December 7, 2021, the SPRAB reviewed the above application with the applicant and its attorney, engineer, architect and other representatives. The site plan and design issues were discussed at this meeting, including phasing, sustainable design, tree removal and replacement, stormwater management and vehicular circulation, have been addressed in the revised plans and supporting documentation, as summarized in a letter from the applicant’s engineer dated May 26, 2022. One previously outstanding item is was the provision of one or more renderings or simulations comparing the view of the proposed development from the adjacent residential neighborhood with existing conditions. These have been prepared by the applicant’s architect and provided to the Board, its professionals and the public. The applicant’s engineer indicated renderings will be provided by the architect. These should be provided for review by the Board and its professionals as soon as possible. Based on review of the steep slope disturbance maps included in the Environmental Impact Statement, variances are required for the amount of disturbance of steep slopes of 20 to 24.99% and 25% or greater. These requests should be listed on the site plan and in the list of required variances. As noted in the application materials, per State requirements, an assisted living facility must reserve ten percent of its total bed compliment for use by Medicaid-eligible persons. These Medicaid-reserved beds qualify as affordable units per the applicable regulations, meaning the Township would receive credits for ten affordable units if this development

icaid-eligible persons. These Medicaid-reserved beds qualify as affordable units per the applicable regulations, meaning the Township would receive credits for ten affordable units if this development is approved and constructed. As also noted, other affordable housing units will likely be provided as part of the independent living and skilled nursing components, but will depend on whether the applicant “opts to formally license and operate the facility as a CCRC once the independent living units are developed,” per the applicant’s planning report. In that case, the facility would be subject to a nonresidential development fee per State law. The applicant should provide testimony regarding these options and how they would relate to the Township’s affordable housing compliance.