111 Prospect Avenue West Orange Planner Report 3 20 2025

March 20, 2025 Page 10 of 15 PB-25-02 111 Prospect Avenue Block 151, Lot 17.01 105 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. Among the permitted principal uses in this district are: • Retail Stores • Personal Service Store or Studio • Office or Office Building • Business or Vocational School • Restaurant • Bar • Massage, Bodywork or Somatic Therapy Establishment The chart below has been created to identify bulk deficiencies. Standard Permitted/ Required (B-2 District) Existing Proposed Variance Required Use Restaurant Bar Restaurant/ Banquet Facility Restaurant/ Banquet Facility No Min. Lot Area 10,000-SF 361,261-SF 361,261-SF No Max. Building Height (Main Building) 2.5-Stories / 35-Feet 2.5-Stories / 35-Ft 2.5-Stories / 34.6-Ft No / No Min. Lot Width No Minimum N/A N/A N/A Min. Front Yard Setback 30-Feet 112.4-Feet (Prospect Ave.) 112.4-Feet (Prospect Ave.) No Min. Side Front Yard Setback 25-Feet 489.4-Feet (Woodland Ave.) 489.4-Feet (Woodland Ave.) No Min Side Yard Setback 10-Feet (Each Side) 352.8-Feet 352.8-Feet No Min Rear Yard Setback 30-Feet 129-Feet 129-Feet No Max. Building Coverage 40% 12.55% 13.46% (Includes New Porte Cochere) No Max. Impervious Coverage 60% 61.75% 60.53% Yes

March 20, 2025 Page 11 of 15 PB-25-02 111 Prospect Avenue Block 151, Lot 17.01 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Standard Permitted/ Required (B-2 District) Existing Proposed Variance Required Accessory Building Setback from Principal Building 15-Feet 45-Feet 45-Feet No* Accessory Use Setback from Property Line 5-Feet (Minimum) 0-Feet 0-Feet No* Residential District Buffer 50-Feet (Minimum) 0-Feet – 60-Feet (Varies) 0-Feet – 60-Feet (Varies) No* Max. Fence Height 6-Feet 6-Feet 6-Feet No Min. Off-Street Parking 468-Spaces For Restaurant Use: 1sp./3-seats (1,404-pers./ 3=468) 441-Spaces (Includes: 317-sps. On-site 124-sps. Easement) 471-Spaces (Includes: 341-sps. On-site 124-sps. Easement 6-sp. EV- Credit) No Trees in Parking Areas (Minimum) 47-Trees For Lots with over 30-spaces: 1-Tree/10-Spaces (465-sps. / 10=47) 45-Trees 47-Trees No Driveway Width (Minimum) Two-Way: 24-feet One Way: 14-Feet 24-feet 18.48-Feet 24-feet 18.48-Feet No No Note: * - Variance previously granted for this non-conforming condition.

March 20, 2025 Page 12 of 15 PB-25-02 111 Prospect Avenue Block 151, Lot 17.01 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com Planner’s Comments The applicant proposes the reconstruction of the existing driveway, walking paths and valet parking area, as well as renovations to the main building at the existing restaurant/banquet facility. A Porte-Cochere and a community garden are also included as a part of the proposed scope of work. While the existing restaurant/banquet facility is permitted in the B-2 District, the proposed development does not meet all the bulk and design standards for this use in the B-2 District. The restaurant/banquet facility that is located on the subject site, has been in operation on this site for some time. However, the facility has recently changed ownership, and the new owners propose to continue the use of the facility in a similar manner as it has been used in the past. Notwithstanding this, the applicant should provide testimony detailing the proposed use and operation of the facility, including the hours of operation and the number of employees. Testimony should include the proposed use of the accessory building and the proposed community garden, which will be new to the facility and site. 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

he 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.

March 20, 2025 Page 13 of 15 PB-25-02 111 Prospect Avenue Block 151, Lot 17.01 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com As detailed above, the applicant proposes substantial modifications to the facility, including reconfiguration and reconstruction of the driveway and most of the existing pathways on the site. The applicant should provide testimony detailing the proposed scope of work to be completed at the facility, including both exterior and interior modifications. The applicant is seeking a variance for excessive impervious coverage on the site. Whereas a maximum impervious coverage of 60% is permitted, the applicant proposes an impervious coverage of 60.53%. While this level of coverage is greater than the maximum impervious coverage permitted, it is actually a decrease and improvement over the existing condition and what was previously approved for the site. There are also several other nonconforming conditions that exist on the site. These include the following: § Exceeding the maximum permitted distance between the Principal and Accessory Buildings – whereas a minimum of 15-feet is required, 0-feet is proposed. § Insufficient setback between the Accessory Use and the Property Line – whereas a minimum setback of 5-feet is required, 0-feet is proposed. § Insufficient buffer between the Principal Structure and a Residential District – whereas a minimum distance of 50-feet is required, distances of 0-feet and 60-feet are proposed. In all instances, these are existing conditions which were previously approved in previous applications before one of the Township’s Land Use Boards. Further, in none of these instances is the applicant proposing to exacerbate the condition in any way. Additionally, the applicant is seeking approval for their tree removal and replacement plan. Based on the information provided by the applicant, a total of one hundred and ninety-nine (199) trees are proposed to be removed from the site, including one hundred and ninety- two (192) Evergreens and seven (7) deciduous. The applicant indicates that the trees in question have already been removed from the site. As such, the locations and sizes of the removed trees have been approximated by the applicant, based on the remaining tree stumps. Further, the applicant states in their plans, that the types of trees that was removed was

s and sizes of the removed trees have been approximated by the applicant, based on the remaining tree stumps. Further, the applicant states in their plans, that the types of trees that was removed was ascertained after the fact, based on “historic photos.” The applicant should provide testimony detailing the circumstances under which the trees were removed from the site without the required oversight and approval, pursuant to Township of West Orange Township Code §28-4(a). The applicant should also provide

March 20, 2025 Page 14 of 15 PB-25-02 111 Prospect Avenue Block 151, Lot 17.01 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com testimony detailing the process by which the location, size and type of tree was derived. Finally, any approval of this application by the Board should be conditioned on the review and approval of the proposed tree removal and replacement plan by the Township’s Forester. Finally, the applicant proposes to increase the on-site parking as a part of this application. This will be archived by the reconfiguring of the existing parking Lot B. The site will go from a total of an existing 441-spaces to a proposed 471-spaces following the reconfiguration. In calculating the number of EV-charging-equipped and ADA-compliant spaces required for the site, the applicant has utilized Lot B only, which will have a capacity of 117-spaces. It is not clear why Lot C was not utilized as well. The applicant should provide testimony as to why the 143-spaces in Lot C were not utilized in the assessment of EV-charger-equipped and ADA-compliant spaces. 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 comments and recommended conditions provided by the Board Engineer and other Professionals. 2. The applicant shall provide testimony detailing the proposed use and operation of the facility, including the hours of operation and the number of employees. Testimony should include the proposed use of the accessory building and the proposed community garden, which will be new to the facility and site. 3. The applicant shall provide testimony detailing the proposed scope of work to be completed at the facility, including both exterior and interior modifications. 4. The applicant shall provide testimony detailing the circumstances under which the trees were removed from the subject site without the required oversight and approval, pursuant to Township of West Orange Township Code §28-4(a). 5. The applicant shall provide testimony detailing the process by which the location, size and type of tree was derived. 6. Applicant shall attain the review and approval of the proposed tree removal

5. The applicant shall provide testimony detailing the process by which the location, size and type of tree was derived. 6. Applicant shall attain the review and approval of the proposed tree removal and replacement plan by the Township’s Forester.

March 20, 2025 Page 15 of 15 PB-25-02 111 Prospect Avenue Block 151, Lot 17.01 105 Grove Street, Suite 3, Montclair, NJ 07042 • Phone: (973) 954-2677 • www.NishuaneGroup.com 7. The applicant shall provide testimony as to why the 143-spaces in Lot C were not utilized in the assessment of the number of EV-charger-equipped and ADA-compliant spaces required for the development.