West Orange Compiled ZBA Application 5 15 24

PROPOSAL 2.01 Proposal PSE&G proposes to upgrade the 26kV yard, which is in the southeastern portion of the Station. The details of the proposed upgrade are included in the application’s cover letter. The Station upgrade will take approximately three (3) years to construct and conclude in 2028. REASONS FOR RELIEF 3.01 “C” Variances and Special Reasons Why They Should be Granted Front Yard Setback Ordinance Section Chapter 25 of the Land Use Regulations, Article I: Section 25-7.1: Table of District Regulations Part B, requires a minimum front yard and side yard setback of corner lots of one-hundred feet (100’), whereas the proposed electrical upgrades to the Station include the addition of a piece of electrical equipment (called a switchgear enclosure) at the southwest corner of the Station yard. The existing front yard setback of 211.6 feet is hereby reduced to 77.9 feet along Mount Pleasant Avenue for a piece of electrical equipment (called a switchgear enclosure). The existing front yard setback of 233.7 feet is hereby reduced to 115.1 feet along Prospect Avenue. A variance for a front yard setback is therefore needed from Mount Pleasant Avenue to the new switchgear. It should be noted that the O-R District requires large yard setbacks. Public utility buildings or structures are permitted as conditional uses in numerous residential and business zones, but not in the O-R zone. Public utility buildings or structures in residential and business zones only need 50-foot front yard setbacks and 25-foot side yard setbacks. The O-R District is generally for large scale traffic-generating uses such as office buildings, post office, civic centers, recreational centers, and research laboratories. Generally, it would be presumed that residential and small-business districts would require more protection provided by larger yard setbacks than the O-R District uses, but the Township’s ordinance requires the reverse. Lot Coverage The maximum permitted lot coverage is 30% whereas the existing lot coverage is 41%. The lot coverage is an existing non-conformity which is further being increased to 44% to permit the Station’s substantial 26kV modernization. Section 25-28.3 of the Ordinance defines “Impervious Surface” as any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel,

3 of the Ordinance defines “Impervious Surface” as any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures and other similar structures, surfaces or improvements. Therefore, PSE&G included the entire gravel yard within the Lot Coverage calculation from a Land Use perspective. The gravel yard wasn’t considered as “Impervious Surface” under PSE&G’s prior 2017 application (impervious area increased by 0.002 acres). PSE&G compensated for increased runoff in the civil design. In accordance with Township Ordinance 25-29 Stormwater Control and N.J.A.C. 7:8, a stormwater bioretention basin system has been proposed along the front yards of Prospect Avenue and Mount Pleasant Avenue to attenuate the additional runoff from the foundations and equipment and treat for eighty-percent (80%) Total Suspended Solids (T.S.S.) removal. The basin system mitigates impacts from increased lot coverage. A variance is however needed for increased lot coverage. ______________________________________________________________________ 2