West Essex Highlands West Orange Planners Report 6 30 2024

. Access to the lobby of Building D will be located on the western frontage at the approximate center of the building, where there is an open lobby area, with a proposed gymnasium located at the rear, eastern side of the lobby. As was the case with Building A, Building D will be separated into two section, D-1 and D-2. Building section D-1 will be located on the northern end and D-2 on the southern end. On each side of the lobby is an elevator, as well as a mail and package room and other amenities, which will serve each section of the building. There is a second elevator located on the northern and southern side of the building to serve each section respectively.

June 30, 2024 Page 9 of 13 PB-24-01 West Essex Highlands Block 179, Lot 32 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com There are a total of one hundred and sixty-six (166) apartments proposed in Building D, across both sections D-1 and D-2, of which a total of thirty-four (34) units are designated as affordable units. The chart below provides a breakdown of unit types and their distribution throughout the building. Bldg. D-1 Floor Market Rate Units Affordable Units Grand Total1-BR 1-BR w/Den 2-BR 2-BR w/Den 3-BR 3-BR w/Den Total 1-BR 2-BR 3-BR Total Garage 1st 4 8 1 4 2 - 19 - 1 2 4 23 2nd 4 5 - 6 2 - 17 - 2 2 4 21 3rd 3 4 - 6 - 2 15 - 2 2 3 19 4th 3 4 - 5 2 - 14 - 4 - 3 17 Total 14 21 1 21 6 2 65 - 9 6 15 80 Bldg. D-2 Floor Market Rate Units Affordable Units Grand Total1-BR 1-BR w/Den 2-BR 2-BR w/Den 3-BR 3-BR w/Den Total 1-BR 2-BR 3-BR Total Garage 1st 2 5 1 7 2 - 17 3 2 1 6 23 2nd 2 5 - 7 2 - 16 3 3 1 7 23 3rd - 6 2 7 - 2 17 - 2 1 3 20 4th - 6 2 7 2 - 17 - 3 - 3 20 Total 4 22 5 28 6 2 67 6 10 3 19 86 On the 1st floor, the elevators will open to a central, double-loaded corridor, which will extend to the north, accessing units in Building section D-1 and to the south accessing units in section D-2. In the area between both building sections on this floor, is proposed a club room, which will be located over the gymnasium on the lower floor. On the 2nd floor, this area will be occupied by an outdoor rooftop amenity located on the rooftop of the club room and lobby below. On the rooftops of both sections of the building is proposed a series of private terraces located on the eastern frontage of the rooftop and a 9,000-SF public sky lounge amenity.

June 30, 2024 Page 10 of 13 PB-24-01 West Essex Highlands Block 179, Lot 32 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Site & Area Description Block & Lot: Block 179, Lot 32 Zoning District: IH-1 (Inclusionary Housing) District Total Site Area: 120-Acres Location Map Location Map – The subject site is outlined in red on the Google arial above. It encompasses 120- acres in the northwestern corner of the Township. The site is bordered by the West Essex Highlands Condominium and The Grande at Pleasantdale Chateau single-family development to the south, the Mayfair Drive and Rosemont single-family developments to the east, Howell Drive to the north, and the Township of Essex Fells to the West.

June 30, 2024 Page 11 of 13 PB-24-01 West Essex Highlands Block 179, Lot 32 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Planning Considerations The subject site is located within the IH-1 (Inclusionary Housing) District. The purpose of the IH-1 District is to provide for inclusionary development that contributes to the region's fair share of affordable housing, in accordance with a court settlement agreement which outlines provisions for same. Permitted Principal Uses: • Multifamily Residential • Open Space Permitted Accessory Uses: Residential amenities including but not limited to the following, by way of example: clubhouse buildings, swimming pools, fitness centers, lounges, common or private terraces and balconies, courts or open lawn areas for multipurpose use such as lawn games, i.e., corn hole, bocce, badminton, croquet, and the like; workspace or meeting space for tenants, tenant storage, dog parks and/or dog playgrounds. Rooftop amenities shall be permitted including observation areas or rooms, multipurpose or recreation rooms, vestibules, outdoor terraces, pergolas, shade structures, or the like. The chart below has been created to identify bulk deficiencies. Standard Permitted/Required (IH-1 District) Proposed Comments Use Multifamily Dwellings & Accessory Uses Multifamily Dwellings & Accessory Uses Complies Min. Lot Area No Minimum 12.429-Acres Complies Max. Disturbance Area 30-Acres 28.35-Acres Complies Min. Buffer (From Tract Boundary) 100-Feet North: 106.3-Feet South: 534.3-Feet East: 723.7-Feet West: 988.3-Feet Complies Max. Building Height 4-Stories / 75-Feet 4-Stories / 47.5-feet Complies Total Dwelling Units 496 (20% Affordable) 496 (100-Units Affordable) Complies

June 30, 2024 Page 12 of 13 PB-24-01 West Essex Highlands Block 179, Lot 32 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Min. Unit Sizes (Affordable Units) One Bedroom: 650-SF Two-Bedroom: 875-SF Three-Bedroom: 1,150-SF One Bedroom: 700-800-SF Two-Bedroom: 1,050-1,250-SF Three-Bedroom: 1,220-1,300-SF Complies Min. Off-Street Parking 966.4-Spaces (Based on RSIS) 1,076-Spaces Complies Planner’s Comments The applicant proposes to develop a four hundred and ninety-six (496) unit residential development, of which one hundred (100) units will be designated affordable units. The proposed development will also include resident amenities including a clubhouse with a swimming pool, among others. The applicant also proposes onsite improvements for sewer, water, drainage and lighting. Standards for Granting Variance Relief C - (Bulk) Variances The Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-70c sets forth the standards for variances from the bulk regulations of a zoning ordinance. C(1) Variance - The Board must find that there is either undue hardship or practical hardship with the strict application of the zoning requirements as stipulated in the Zoning & Land Use Regulations, as a result of: a) exceptional narrowness, shallowness or shape of a specific property, or b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. C(2) Variance – The Board must find that the proposed deviation from the Zoning & Land Use Regulations will advance the purposes of the MLUL and that the variance can be granted without substantial detriment to the public good, that the benefits of the deviation would substantially outweigh any detriment. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant or the property owner. Here too, the Board must be satisfied 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 Township.

June 30, 2024 Page 13 of 13 PB-24-01 West Essex Highlands Block 179, Lot 32 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com The proposed development will be spread across four (4) 4-story multifamily buildings, each of which will include structured parking under the residential floors. The subject site is located in the Township’s IH-1 (Inclusionary Housing) District, where the proposed multifamily development is permitted as a principal use, with the proposed amenities permitted as accessory uses. The proposed development is in compliance with the bulk and design standards of this District. A Site Plan Review Advisory Board (SPRAB) meeting was held on March 12, 2023, where the subject development application was reviewed. Among the issues discussed was the parking being proposed. Whereas the “Zoning Schedule” provided by the applicant indicated that 1,035 parking spaces were being proposed, the “Overall Development Summary,” indicated a total of 1,076 spaces were being proposed. A review of the actual count of the physical spaces provided on the revised site plans show a total of 1,076-spaces provide, across both the surface parking lots and the structured parking under each of the proposed multifamily buildings. A question was also raised regarding the proposed number of affordable units being proposed. The Plans provided at the time showed 97-units. The revised Plans and included “Unit Matrix” now show a total of 100-affortdable units across all four building. The buffer around the site is now also in conformance with the standards of the IH-1 District, where a minimum 100-foot setback or buffer is required. The revised site plans now show the proposed development will have a setback/buffer of 106.3-feet from the northern boundary, where it is closest to the boundary. A question was also raised about the sidewalk located to the south of Building A, which extends along the main roadway to the west of the proposed traffic circle and then extends on the western side of the Warner Road extension, where it crosses over the road from the western side and continues southward on the southern side. It is not apparent why the sidewalk does not continue on the western side, thereby avoiding the need for the crossover. In the same vein, there does not seem to be any pedestrian connectivity between the buildings on the

hy the sidewalk does not continue on the western side, thereby avoiding the need for the crossover. In the same vein, there does not seem to be any pedestrian connectivity between the buildings on the northern side of the main roadway (Buildings C and D) and the dog park/dog clinic on the opposite (southern) side of the roadway. The same is true for residents of Building A who want to access the Clubhouse, which is on the opposite side of the main roadway. A formal crosswalk should be considered in the area of Buildings A, B and C, to facilitate pedestrian movement across the main roadway.