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12 feature of the land, causing practical difficulty in that denial of the variance would result in the foundation and a well being wasted.” Mr. McDonough states we could talk about similar ways here of taking down a building with good bones that's already there and certainly able to accommodate that addition. • Page 429 in Hawrylo, “the barn had been built before there was a zoning ordinance and so was a prior nonconforming structure. A neighbor objecting to the grant of the variance argued that the phrase lawfully existing was meant to preclude a nonconforming structure. The appellate court disagreed, relying on a Davis case where Justice Stein in this case said, the existence of a nonconforming structure may justify a variance for a maximum land coverage requirement.” Mr. McDonough adds that we have that here. He continuous quoting, “the fact that the barn had been a nonconforming use did not make the remaining structure unlawful. Also justifiable under this provision would be variances to permit extensions to an existing building, which is nonconforming by way of example as to side yard requirements. Continuing the existing line of the building so that no further side yard encroachment would occur and the proposed addition could not be reasonably located so as to conform to the ordinance because of the arrangement of the building.” • Mr. McDonough wanted to give the board some deference to in terms of what the case law says about a similar case. • The last thing Mr. McDonough will leave the board with are a couple of snippets from their own master plan and how this advances their master plan. • 2019 West Orange master plan on page 30 recommended “the rezoning from the OB to the B1 zone here on the merit of consistent with existing land uses and desired future land uses.” This is mixed use, which on page 30 also says “review and modify standards for mixed use development, particularly in the downtown setting.” • Page 30, it talks about focus areas and talk about downtown Main Street as a focus area. • Page 36 says “support existing businesses and residential uses, promote additional residential uses in the downtown.” That's what the applicant is doing. • Economic development on page 41 talks about the corridor, the downtown West Orange Alliance focusing on building improvements. The applicant is doing that. • On page 42 recommendations for a balance of

conomic development on page 41 talks about the corridor, the downtown West Orange Alliance focusing on building improvements. The applicant is doing that. • On page 42 recommendations for a balance of land uses. The application is doing that. Appropriate housing types, sizes, supporting local businesses with a resident population. • In terms of general housing obligations, West Orange remains committed to addressing its fair share of regional affordable housing obligations, as well as providing a range of housing opportunities. The extent affordable housing is required here; applicant is not asking any relief in that regard as well. So the applicant will comply with the ordinances. • All said, Mr. McDonough thinks this is a good application and with that said, he thinks this application merits the board's approval. • Mr. McDonough added why no additional landscaping is provided which is the dimensional requirements would preclude adding additional landscaping, certainly in the front of the site. There are constraints in the back of the site. Again, given that this is a built site and there is limited capacity for vegetation. And there is good supplemental vegetation on the adjacent properties, which Mr. McDonough thinks meet the planning intent. BOARD QUESTIONS • Mr. Guarino asked Mr. McDonough has he ever done a project in another community like this project? Mr. McDonough said he sees a lot of different land use applications