77 79 Lessing Road ZB 25 1 Planning Review February 18 2025

8 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Bulk “C” Variances N.J.S.A. 40:55D-70c sets forth the criteria for a planning board to grant variance from bulk requirements of zoning ordinance. Two types of “c” variances can be granted: (c) 1: in cases of hardship, such as “exceptional narrowness, shallowness or shape of specific piece of property,” or by reason of exceptional or unique topographic conditions, physical features, or an exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. (c) 2: where the purposes of zoning would be advanced, and the benefits derived by the variance would outweigh any detriments. The applicant must also meet the negative criteria of the statute for the granting of a “c” variance, wherein a variance can be granted only “without substantial detriment to the public good” and where it “will not substantially impair the intent and the purpose of the zone plan and zoning ordinance.” Other Planning Comments 1. The Applicant shall confirm they will also meet the requirements of N.J.S.A 8:24-11 et seq. and obtain a permit. 2. The Applicant shall describe how operations will work for pickups. For example, would the customer come into the house or garage to get their order? Does it get brought to them in the driveway/roadway? 3. The Applicant shall provide to the Board the operation hours in which the pickups are conducted? 4. The Applicant has stated it is exploring a free local delivery service. Is that to be contracted, or provided by the Applicant or a family member?