172 174 Main Street West Orange Planner Report 9 24 2024

September 25, 2024 Page 9 of 11 PB-24-14 172-174 Main Street Block 89, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Planning Comments The applicant proposes to construct a 3rd floor addition to an existing 2-story building and convert the building to a mixed-use building. Mixed-use development is permitted as a conditional use in the B-1 District. This means that the proposed development must meet specific conditions in order to be permitted in the zone. In this instance, the proposed development meets all the conditional use requirement for this use. However, the proposed development does not meet all the required bulk and design standards governing development in the B-1 District. Specifically, the proposed development does not meet the following bulk standards, related to the structure on the site. § Excessive Building Height (Number of Floors) – Whereas a maximum of 2½-stories and 35-feet are permitted in the B-1 District, the applicant proposes a height of 3- stories and 34.5-feet. While the number of floors exceeds the maximum permitted 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: exceptional narrowness, shallowness or shape of a specific property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or 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, and that the variance will not substantially impair the intent and 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

the variance will not substantially impair the intent and 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 25, 2024 Page 10 of 11 PB-24-14 172-174 Main Street Block 89, Lot 6 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com by a ½-story, the linear height remains less than the maximum permitted. In my opinion, the proposed ½-story deviation from the standard will not have a significant adverse impact on the surrounding area nor on the integrity of the B-1 District. § Insufficient Rear Yard Setback – Whereas a minimum rear yard setback of 30-feet is required, the applicant proposes a rear yard setback of 6.54-feet. As indicate earlier, this is an existing nonconforming condition, which currently exists on the subject site and would in all likeliness continue to exist whether the proposed development was undertaken or not. Further, the applicant does not propose any change to the existing footprint of the building as part of this application, as such, this condition will not be exacerbated in any way by the proposed development. § Excessive Lot Coverage – Whereas a maximum lot coverage of 75% is permitted, the applicant proposes a lot coverage of 84.2%. This too is an existing nonconforming condition, which is brought about in large part by the existing asphalt-paved parking area in the front yard of the site. This area covers a substantial part of the site beyond the building itself. It is not apparent whether or not the applicant proposes any work or modification to the parking area, however, it is in need of maintenance and repair. To that end the applicant should repair and restripe the parking area. Additionally, the subject site is now enclosed by a chain-link fence across the street frontage, and a rolling gate across the entry driveway to the parking area. This fence and gate both appear to be in a deteriorated condition. As such the applicant should replace both with a more substantial alternative such as one comprised of tubular steel or similar material. There is also an existing trench drain across the front of the site which is imperative to capture the runoff from the parking area. The applicant should provide testimony confirming that this drain remains operational and free of any obstruction that would impede its flow. Finally, the applicant has not provided any information on the existing exterior lighting on the site, nor has any new lighting been proposed. With the change of use to a

n that would impede its flow. Finally, the applicant has not provided any information on the existing exterior lighting on the site, nor has any new lighting been proposed. With the change of use to a mixed-use, which will now contain residential, the applicant should provide information on the exterior lighting on the site and demonstrate that there is adequate lighting on the walkway surrounding the building as well as in the parking area, to allow for safe use during both day and night hours.

September 25, 2024 Page 11 of 11 PB-24-14 172-174 Main Street Block 89, 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 repair and restripe the parking area. 3. The applicant shall replace the existing chain-link fence and gate with a more substantial alternative such as one comprised of tubular steel or similar material. 4. The applicant shall provide testimony confirming that the trench drain across the front of the site remains operational and free of any obstruction that would impede its flow. 5. The applicant shall provide information on the exterior lighting on the site and demonstrate that there is adequate lighting on the walkway surrounding the building as well as in the parking area, to allow for safe use during both day and night hours.