West Orange Compiled ZBA Application 5 15 24

Fencing In accordance with Ordinance Section 25-8.4, d., fences or walls to be used for screening within all nonresidential districts are permitted up to six feet (6’), whereas the proposed perimeter fencing is eight feet (8’). The proposed 8’ fence height is warranted by the need to maintain site safety and security. Although the National Electric Code requires a minimum of seven feet (7’) for safety, PSE&G has developed a company-wide safety standard of eight feet (8’) feet for protection of its transmission and distribution facilities. The existing fence no longer meets modern PSE&G security standards. There is precedence for constructing an 8’ fence. In 2007, the Zoning Board of Adjustment permitted such a fence around equipment (refer to previous Zoning Board of Adjustment resolutions in Attachment F). The existing fence of wrought iron and decorative pillars has proven impossible to fully repair, despite numerous efforts over the years. Decorative metal fencing is proposed to replace the existing fence. A variance is therefore needed for increased perimeter fence height. Construction Trailers PSE&G anticipates the need for up to six (6) trailers, or five (5) trailers and one (1) guard shack by the Prospect Avenue entrance. The Township’s Ordinance Section 25-8.10 stipulates the removal of trailers at the cessation of active construction for a period of thirty (30) days. PSE&G will require temporary use of construction trailers for the duration of the proposed upgrades. There will be periods of time in between active construction, due to the nature of the work involved and the need for scheduled outages, that may exceed 30 days. If deemed necessary by the Board, PSE&G requests a waiver of strict compliance with this Ordinance requirement. The existing Station yard, with its electrical equipment, is a necessary component of PSE&G's transmission and distribution systems. The yard cannot be easily relocated. The purpose of the upgrade to the 26kV yard is to reinforce and maintain service reliability. Safe and reliable electric energy is essential to our modern way of living. Customers expect PSE&G to upgrade and repair utility systems and equipment as needed to improve the electrical grid. The requested deviations to the Township’s Land Use Regulations will allow the site improvements that advance several purposes of the MLUL, including: • • • Promotion

to improve the electrical grid. The requested deviations to the Township’s Land Use Regulations will allow the site improvements that advance several purposes of the MLUL, including: • • • Promotion of public health, safety, the general welfare of the community and be a benefit the public, [N.J. Statue 40:55D-2(a)]; Offering a reduction in potential outages, which obviously advances safety from and during natural disasters. [N.J. Statue 40:55D-2(b)]; Promoting “energy resources” in the State [N.J. Statue 40:55D-2j]. The purposes advanced in the MLUL also promote the purposes of the West Orange Zoning Ordinance (Section 25-2.1), specifically: • • • Helping to guide and regulated the orderly growth, development, and redevelopment of the Township in accordance with a comprehensive plan and with long-term objectives, interests and welfare of the people Promoting, in the public interest, the utilization of land for its most appropriate purpose Encouraging coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land. It is efficient and practical to use land already devoted to public utility use to the maximum extent practical. Improvements will not adversely affect the health, safety or welfare of existing residents, the surrounding area or alter the character of the neighborhood. Any detriment or negative impacts are heavily outweighed by the positives to safe and reliable electricity, thereby warranting the granting of ______________________________________________________________________ 3

the (c)(1) and (c)(2) variances. The application and requested relief can be granted without substantial detriment to the public good and will not cause substantial impairment to the intent and purpose of the zone plan or the zoning ordinance. 3.02 D Variances and Special Reasons Why They Should be Granted PSE&G seeks the following use variances: • “d(2)” – use variance approval for expansion of a nonconforming use; and • “d(6)” – height of a principal structure which exceeds the maximum permitted height in the district for a principal structure by more than 10% or by 10 feet. The upgrade of the 26kV Station is considered an expansion of a non-conforming use. Chapter 25 of the Land Use Regulations, Article I: Section 25-7.1: Table of District Regulations Part A does not list “Public Utility Buildings or Structures” as a Permitted Principal Use, Permitted Accessory Use, or a Permitted Conditional Use in the Office Research (O-R) District even though such uses are allowed in several residential and business zones as a Permitted Conditional Use. The current application proposes ten (10) 70-foot high (70’) lightning masts, when measured to the adjacent finished grade, whereas thirty-five feet (35’) is permitted. As a result, PSE&G is requesting “d(6)” variance relief to permit the height of a principal structure to exceed the permitted height by 10 feet or 10%. However, precedence has been set for public utility use on the subject property. For decades, prior applications for similar improvements to the site have been considered “an expansion of a nonconforming use,” which requires relief from the Zoning Board of Adjustment. As noted in the prior Resolutions of Approval Nos. ZB-06-40 and ZB-16-15 (in Attachment F), the Township of West Orange Zoning Board of Adjustment approved upgrades for this Station in 2007 and subsequently in 2017. The 2007 resolution references improvements to the Station since 1988. Pursuant to the MLUL, these prior applications sought Preliminary and Final Site Plan with use variance approval. Currently, a 188’ tower and several seventy (70’) foot high lightning masts and taller structures received variances in 1988, 2007 and in 2017. The Station has been owned and operated by PSE&G as a public utility and has proven to be particularly suited at this location for almost 100 years, serving the Township of West Orange and the

n 2017. The Station has been owned and operated by PSE&G as a public utility and has proven to be particularly suited at this location for almost 100 years, serving the Township of West Orange and the surrounding area. The Station supplies service to thousands of customers. The property is the most appropriate location available for this necessary component of PSE&G's transmission and distribution system. The site improvements are necessary to maintain safe and reliable service and to manage future growth and revitalization in the Township and the surrounding area. The improvements offer better reliability to customers and increased capacity to meet the demands of peak loads and future load growth associated with commercial and residential development. The location of the improvements is within the existing Station footprint and in close proximity to existing electric utility equipment. It is also important to note that the improvements are similar to those that currently exist within the station. Therefore, the physical changes of the Station are minimized. In prior resolutions, the Zoning Board of Adjustment concluded that the Station is particularly suited and serves a vital service. The improvements will serve the public and advance the general welfare in line with the MLUL definition of an inherently beneficial use. Granting the requested variances would advance several purposes of zoning pursuant to the MLUL and the Township’s Zoning Ordinance. Specifically, the following purposes of the MLUL are advanced: • • Promotion of public health, safety, the general welfare of the community and be a benefit the public, [N.J. Statue 40:55D-2(a)]; Offering a reduction in potential outages, which obviously advances safety from and during natural disasters. [N.J. Statue 40:55D-2(b)]; ______________________________________________________________________ 4

• Promoting “energy resources” in the State [N.J. Statue 40:55D-2j]. Purposes in the West Orange Zoning Ordinance are also advanced: • • • Helping to guide and regulate the orderly growth, development, and redevelopment of the Township in accordance with a comprehensive plan and with long-term objectives, interests and welfare of the people Promoting, in the public interest, the utilization of land for its most appropriate purpose. The Station has been in public utility use for many decades. Encouraging coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land. It is efficient and practical to use land already devoted to public utility use to the maximum extent practical. The improvements will not adversely affect the health, safety or welfare of existing residents, the surrounding area or alter the character of the neighborhood. The character of the neighborhood is not being changed. The deviations are related to the beneficial improvements. The proposed improvements will have de minimus impact or improved impact on the existing site grading, drainage, and lighting. The Station will continue to be an unmanned facility with minimal vehicle volume each week to the site utilizing the existing turnaround area and driveway for parking. The Station will remain a public utility use that serves the public and advance the general welfare in line with the MLUL definition of an inherently beneficial use. The 26kV switchgear and ancillary equipment will not cause any significant visual impact. The improvements would be viewed as an intensification of public utility use and are similar to existing structures at the Station. The Station aesthetics will be enhanced by extensive landscaping at the intersection of Mount Pleasant and Prospect Avenues, as well as a brandnew decorative fence which supports PSE&G’s modern security standards. The new landscaping will be a mix of deciduous and evergreen trees that will be more sustainable, coordinated, and attractive than much of the random landscaping that currently exists. Station security, security, and aesthetics will be improved by the new perimeter fence, all of which promote the public welfare. Any detrimental or negative impacts are outweighed by the positives benefit of promoting safe

rity, and aesthetics will be improved by the new perimeter fence, all of which promote the public welfare. Any detrimental or negative impacts are outweighed by the positives benefit of promoting safe and reliable electric energy, thereby warranting the granting of the d(2) and d(6) variances. The application and requested relief can be granted without material or substantial detriment to the public good. Substantial detriment is defined as damaging the character of the neighborhood. There will be no change to the character of the neighborhood. The public good benefits from electrical improvements that provide greater electric reliability. There will not be any substantial impairment to the intent and purpose of the zone plan or the zoning ordinance since the proposed relief advances the purposes of planning. There will be no injury to the property or improvements of others in the neighborhood. ______________________________________________________________________ 5

ATTACHMENT J STORMWATER MANAGEMENT REPORT

ATTACHED SEPARATELY

ATTACHMENT K PSE&G WEST ORANGE PHOTOSIMULATIONS

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