2024 09 10_West Orange Planning Report68603611

stonefieldeng.com 92 Park Avenue, Rutherford, NJ 07070 201.340.4468 t. 201.340.4472 f. Interpretation Justification The applicant is requesting an interpretation of §25-7.1-Zoning District Regulations to determine whether the applicant’s use of the former Mayfair Farms banquet facility as a catering establishment continues to be a legally non-conforming use. Furthermore, the applicant previously received approval from the Zoning Officer to operate a small catering use in the basement of the former banquet hall and in the rear of the site and is ultimately seeking approval to continue the existing catering use operation through the addition of outdoor smokers. The use of the site has continued to be a catering facility through its transition from originally focusing on on- site catering to off-site catering and delivery. However in the event that the Zoning Board of Adjustment’s interpretation of the zoning ordinance results in a determination that the use is not continuing the previously approved non-confirming use, justification for a “d(1)” use variance is provided below. d(1) Use Variance Relief Justification Pursuant to N.J.S.A. 40:55D-70d, the board has the power to grant d(1) use variances, “in particular cases and for special reasons.” The legal basis for relief is established under the Medici v BPR Co. (1987) case, which provides the appropriate justification standard for non-inherently beneficial use variance applications. The positive criteria is demonstrated by a showing that the site is particularly suitable for the proposed use, and that special reasons exist because the project advances one or more of the Purposes of the Municipal Land Use Law. In the case of the proposed application, the following supports the positive criteria for a d(1) use variance: Site Suitability Criteria: Previous Banquet Hall Use – The site previously operated as the Mayfair Farms banquet hall, where food was prepared for large groups of people to consume on-site during events and conferences. The existing and proposed use seeks to continue this operation to prepare food for consumption off-site, which is a much less intense utilization of the former banquet hall. Both the former and proposed use are considered a type of catering establishment as defined in The Complete Illustrated Book of Development Definitions Fourth Edition, with the only distinction being that the

former and proposed use are considered a type of catering establishment as defined in The Complete Illustrated Book of Development Definitions Fourth Edition, with the only distinction being that the proposed catering establishment delivers their prepared food to a home, social hall, or another off-site venue, rather than the former catering establishment where food was served on-site in a formal setting, which is considered a banquet facility. Due to the high intensity of previous operations on-site, the site is anticipated to be suitable for the proposed use, which provides catering services on a much smaller scale. Reutilizes Existing Building – The existing and proposed use utilizes the existing banquet hall kitchen and outdoor barbeque area and does not require any major site improvements for expansion. The proposed improvements only result in a 0.5% increase in impervious coverage and a 0.3% increase in building coverage, leaving the pervious open space in the northwestern portion of the site undisturbed. Because the proposed use does not require any major site improvements for expansion and can reutilize existing facilities, the site is anticipated to be suitable for the proposed use. Lot Size – Due to the large size of the property and the placement of existing facilities, the proposed smokers would be completely out of sight from the roadway and any nearby residential properties. Visibility from the roadway and nearby residences is obscured by the existing banquet hall building and existing landscaping throughout the site. The nearest residential boundary is approximately 570 FT from the closest barbeque smoker, and the outdoor barbeque area would only be visible from the rear of the West Orange Plaza to the east of the site. Therefore, any potential negative impact from the proposed meat smokers would be mitigated due to the expansive size of the property. Special Reasons Criteria: The proposed development aligns with the goals of the B-2 Business Zone to continue to maintain a balance of non-residential land uses and to encourage appropriate locations within the zone for open space. The proposed use encourages the preservation of open space and the well-being of the environment through the reutilization of the existing space on-site, which aligns with purpose “j” of the MLUL. The proposed outdoor barbeque area will not be visible from the roadway

ell-being of the environment through the reutilization of the existing space on-site, which aligns with purpose “j” of the MLUL. The proposed outdoor barbeque area will not be visible from the roadway or to nearby residential development. This aligns with purpose “i” of the MLUL by promoting a desirable visual environment through