31 35 Harrison Avenue West Orange Planner Report 9 6 2024

dvance 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 and that the variance will not substantially impair the intent an purpose of the zone plan and zoning ordinance. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant of 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 City.

September 6, 2024 Page 10 of 11 PB-24-15 31-35 Harrison Avenue Block 141, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com ingress/egress will be used, that makes the 8-foot width necessary. Testimony should also include any alternative configuration that were considered to facilitate the desired width. For example, was angling the doorway considered? Or stepping the southern façade of the addition back to the required setback, beyond the southeastern area of the proposed doorway. The applicant indicates in their application that one (1) parking space is proposed on-site, on the southern side of the building. This area is also identified as a driveway, which will access the proposed 8-foot-wide ingress/egress in the addition. As the driveway will be used to access the delivery/pick-up area, it will not be appropriate for use as an on-site parking space. Notwithstanding the one (1) identified on-site parking space that will be located in the driveway, the applicant is deficient by seventeen (17) off-street parking spaces. This is a substantial deficiency which can have a substantial adverse impact on the surrounding area, as parking on Harrison Avenue in this area is prohibited on the opposite side of the street from the subject site. The applicant should provide testimony addressing this parking deficiency and the impact it will have in the surrounding area. Recommended Conditions of Approval Should the Board be inclined to grant the requested variance relief in full or in part, or to approve the accompanying site plan, the following are recommended conditions that should be placed on the approvals. 1. The applicant shall comply with the recommendations provided by the Board Engineer. 2. The applicant shall provide testimony as to how garbage and recycling will be collected and how delivery/loading and pick-up activities will be managed. 3. No lighting or stormwater plans have been provided. The applicant shall provide additional lighting and drainage details, illustrating that neither has a negative impact on the adjoining properties. 4. The applicant shall provide testimony as to exactly how the proposed 8-foot-wide ingress/egress door in the southeastern area of the addition will be used. Testimony shall also include any alternative configurations that were considered to facilitate the desired width of

foot-wide ingress/egress door in the southeastern area of the addition will be used. Testimony shall also include any alternative configurations that were considered to facilitate the desired width of the door. For example, was angling the doorway considered? Or stepping the southern façade of the addition back to the required setback, beyond the southeastern area of the proposed doorway?

September 6, 2024 Page 11 of 11 PB-24-15 31-35 Harrison Avenue Block 141, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com 5. The applicant shall provide testimony addressing the substantial parking deficiency and the impact it will have on the surrounding area. 6. As per West Orange Ordinance §25-11.8 “Roof equipment including but not limited to elevator towers, air conditioning units, satellite dishes, and similar equipment in any zoning district other than single-family shall be screened with either a solid or decorative shield. Such equipment should be in the center of the roof when possible. No roof equipment shall exceed 15-feet in height.” The applicant shall provide roof equipment details that demonstrate compliance with this provision.