993 PleasantValley Way West Orange Planner Report 9 13 2024

September 13, 2024 Page 8 of 13 PB-24-13 993 Pleasant Valley Way Block 172.02, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Photo Survey Photo 1: View of the subject property located at 993 Pleasant Valley Way. Pictured here is the eastern frontage on Pleasant valley Way, showing the existing landscaping. Photo 2: View of the southern frontage of the subject property. Pictured here is the location of the proposed common entry to the 1st floor office and proposed 2nd floor office and residential uses. Photo 3: View of the northern side frontage. November 18, 2021 November 18, 2021 November 18, 2021 November 18, 2021 November 18, 2021

September 13, 2024 Page 9 of 13 PB-24-13 993 Pleasant Valley Way Block 172.02, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Photo 4: View of the western elevation (rear) of the existing building. Photo 5: View of the property located to the immediate north of the subject site. Google Image Photo 6: View of the gas station and auto repair establishment located to the northeast, across Pleasant Valley Way from the subject site. Google Image

September 13, 2024 Page 10 of 13 PB-24-13 993 Pleasant Valley Way Block 172.02, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Planning Considerations The subject site is located within the B-2 (General Business) District. Pursuant to the Township of West Orange Zoning Ordinance §25-24.2b2(m), a mixed-use development shall be permitted as a conditional use in a B-1 and B-2 District subject to the following conditions: (1) Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the B-1 and B-2 Districts: retail store, personal service store or studio, office, business or vocational school, restaurant, bar, massage, bodywork or somatic therapy establishment, and fitness center/health club. (2) One or more dwelling units shall be permitted on the upper floor(s) above any of the permitted ground floor uses in §25-24.2b2(m)(1). (3) Access to upper floor uses shall be provided by means of a separate entrance than provided for ground floor uses. (4) Minimum lot area shall be 5,000 square feet, and the minimum street frontage of such lot shall be 50 feet. The chart below has been created to identify bulk deficiencies. Required Standard Permitted Proposed Variance Required Use Mixed-Use (Ground Floor Office and Residential Above) Mixed-Use (Ground Floor Office and Residential Above) No Min. Lot Area 5,000-SF 18,645-SF No Max. Building Height (Stories / Feet) 2.5-Stories / 35-Feet 2-Stories / 21.5-Feet No / No Min. Front Yard Setback 30-Feet 9.64-Feet No Min. Side Front Yard 25-Feet 14.46-feet No Min. Side Yard Setback 10-Feet (Each Side) North Side: 32.9-Feet No Min. Rear Yard Setback 30-Feet 48.4-Feet No September 12, 2021 September 12, 2021

September 13, 2024 Page 11 of 13 PB-24-13 993 Pleasant Valley Way Block 172.02, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Max. Building Coverage 40% 48.48% No Max. Lot Coverage 60% 76.95% Yes Parking 25-Spaces Medical Office: 1-Spc. /150-SF of GFA - 1st Floor: 2,538-SF/150-SF=17-spcs. - 2nd Floor: 864-SF/150-SF=6-spcs. Residential: 1.8-Spcs./ unit - 2nd Floor: 1-dwelling unit = 2-spcs. 21-Spaces Yes Planner’s Comments The applicant proposes a second story addition to an existing 1-story commercial building. The applicant proposes to convert the property to a mixed-use building, with the addition of a one-bedroom dwelling unit and a business office on the new 2nd floor addition, with the existing medical office to remain on the 1st floor. Pursuant to the Township of West 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.

September 13, 2024 Page 12 of 13 PB-24-13 993 Pleasant Valley Way Block 172.02, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Orange Zoning Ordinance §25-24.2b2(m), the proposed mixed-use development is permitted as a conditional use in the B-2 District. The proposed development meets all the conditional use requirements. However, the proposed development does not meet all the bulk and design requirements for the District. As detailed in the Project Description above, the applicant proposes to construct a 2nd floor addition to the existing commercial structure and divide the floor between an office and a one-bedroom apartment. It is not clear from the information provided, whether or not the proposed office is related to the medical office use on then 1st floor. It was assumed for this review, that the proposed office in the 2nd floor is an extension of the office use on the 1st floor. The applicant should provide testimony clarifying this. The proposed development requires a variance for exceeding the maximum permitted lot coverage. Whereas a maximum lot coverage of 60% is permitted, the applicant proposes a lot coverage of 76.95%. A lot coverage variance was previously granted to the applicant when they received site plan approval for the medical office use, to allow a greater lot coverage than permitted (Refer to Township of West Orange Planning Board Resolution PB- 22-04 dated August 3, 2022). At that time the Board granted a variance, which reduced the lot coverage from the existing 82% down to 75.73%, whereas the maximum permitted was 60%. The applicant should provide testimony explaining why the existing lot coverage remains at 82% for this application and why it is being increased over the level of coverage that was previously approved in the 2022 application. The proposed development will also require a variance for insufficient off-street parking. Whereas a total of twenty-five (25) parking spaces are required for the combined uses on the site, the applicant proposes to provide twenty-one (21) spaces. The applicant proposes to share spaces for the residential use, with the spaces for the office use. Pursuant to Township of West Orange Zoning Ordinance §25-12.2a.2., when housing is included in mixed-use development, a shared parking approach to the provision of parking is permitted. As such, the

. Pursuant to Township of West Orange Zoning Ordinance §25-12.2a.2., when housing is included in mixed-use development, a shared parking approach to the provision of parking is permitted. As such, the provided 21-spaces would be enough to accommodate the business use primarily during the day (business hours), while the resident(s) of the new 2nd floor dwelling unit would utilize the available on-site parking, which would be more than adequate after business office.

September 13, 2024 Page 13 of 13 PB-24-13 993 Pleasant Valley Way Block 172.02, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com 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 all conditions provided by the Board Engineer. 2. The applicant shall provide testimony clarifying whether or not the proposed office space on the new 2nd floor will be an extension of the 1st floor medical office or completely independent. 3. The applicant shall provide testimony explaining why the existing lot coverage remains at 82% for this application, and why the new lot coverage being proposed in this application is increased over what was previously approved in the 2022 application. 4. The applicant shall provide an updated lighting plan for the proposed development, as required in the Township of West Orange Site Plan/Subdivision Checklist. 5. The applicant shall provide the sight triangle illustrations as required in the Township of West Orange Site Plan/Subdivision Checklist, prior to being scheduled for a meeting so that the Board’s Professionals may have ample time to evaluate them.