West Orange Township_Fourth Round HEFSP_Final Draft

10. pb 12. Tompkins Street that is improved with a 3-story, multi-unit residential building. In addition, several other properties along Tompkins Street (1 Tompkins Street, 3 Tompkins Street, 35 Tompkins Street, and 37 Tompkins Street), as well as existing and proposed residential developments on Central Avenue, are developed with 3-story buildings. From an aesthetic standpoint, the proposed facades incorporate various elements (peaked roof, projections, etc.) and materials (vinyl siding, cedar shake, etc.) to provide architectural interest. Therefore, the proposed project is consistent with the height of the adjacent residential development, in similar character to the buildings in the area, and design of the roof lines providing for a desirable streetscape. The proposed project does not provide any off-street parking spaces where a minimum of 35 parking spaces are required. The project will instead use a shared parking system with a project recently approved for development on Central Avenue and Mitchell Street. The project on Central Avenue will provide 17 spaces at a 1:1 ratio to future residents of the project proposed at the subject property. Field data was gathered to analyze existing residential parking utilization and understand future parking demand for the proposed multi-family project. Both on-street and off- street parking spaces at various locations in the neighborhood and at different days of week and times of day were counted. The on-street parallel parking spaces along the northbound and southbound sides of Tompkins Street between Mitchell Street and Freeman Street, and the off-street parking spaces at the Harvard Printing | parking deck at the corner of South Jefferson Street and Mitchell Street and the off-street covered and surface and covered parking spaces for the Harvard Printing Il development along Central Avenue were included in the analysis. The following provide the summary utilization rates: * Weekday morning (4/23 7:00am): 54% * Weekend afternoon (4/24 3:00pm): 40% *Weekday evening (4/26 8:00pm): 53%. As evidenced from the analysis, the surrounding area has a surplus of parking spaces. According to 2019 American Community Survey 5-year estimates, 68% of renter-occupied households have either one (45.6%) or zero (22.7%) vehicles available in their household for West Orange Township. Based on data from the Institute of

y Survey 5-year estimates, 68% of renter-occupied households have either one (45.6%) or zero (22.7%) vehicles available in their household for West Orange Township. Based on data from the Institute of Transportation Engineer's Parking Generation, Sth Edition, the 85th percentile peak period parking demand for “Multifamily Housing (low-rise)” is 1.52 vehicle per dwelling unit during the weekday peak period and 1.61 vehicles per dwelling unit during the Saturday peak period. This equates to a weekday peak period demand of 26 vehicles and a weekend peak period of 27 vehicles. As evidenced from the aforementioned analysis, the residents of the existing Harvard Printing | and II multi-family developments have a lower demand for off-street parking. This further supports the parking variance as the 17 proposed off-site parking spaces will be sufficient supply for the anticipated demand of the proposed 17 units. The project is proposing a building coverage of 45.3% where a maximum building coverage of 40% is permitted. The proposed building coverage exceeds the permitted amount by 5.3%. The proposed building footprint is suitable to provide for appropriately sized 1-, 2- and 3-bedroom units. The proposed project meets the front and side yard

13. 14. 1S. 16. 17. 18. setback requirements, exceeding the total side yard requirement by over 10 feet, thus mitigating any impacts to adjacent properties from the increase in building coverage. In terms of the maximum lot coverage, the project is seeking relief for the proposed 57.9% lot coverage where a maximum of 55% is permitted. The proposed building design provides access to the front using from the front entrance on Tompkins Street, and access to the units in the rear of the building from a separate side entrance and walkway from the north side yard. The proposed side entry will be at-grade allowing for ADA access to the units in the rear of the building. In addition, there is a walkway in the south side yard that leads to an opposite side entrance from the south side yard where the proposed trash area is located, The proposed project provides landscaped areas throughout the property except for the necessary walkways to accommodate the additional coverage and provides two new street trees. In terms of the minimum rear yard setback, the project is seeking relief for the proposed 13.9-foot rear year setback where a minimum of 30 feet is required. The rear yard of the subject property abuts the rear yard of Lots 16 and 18 that front onto Valley Road, which are in the Retail Business (B-1) District. Lot 18 is developed with a mixed-use building and Lot 16 is developed with a residential building. The rear of the proposed building is stepped down to 2 stories compared to the majority of the building with 3 stories. This design further reduces impacts from the rear yard variance on the adjacent property. In addition, the project is proposing a vinyl-fence surrounding the property to buffer the two properties. The benefits of the increased side yard setback providing for greater light and air between the adjacent residential properties would substantially outweigh the reduced rear yard setback adjacent to the B-1 District properties. Granting the requested variances will guide the appropriate use and development of the property in a manner that will promote the public health, safety, and general welfare consistent with N.J.S.A. 40:55D2.c through the provision of adequate light, air, and open space. The project is proposing a permitted density in the R-M District, and therefore is promoting the establishment of appropriate population densities and

rovision of adequate light, air, and open space. The project is proposing a permitted density in the R-M District, and therefore is promoting the establishment of appropriate population densities and concentrations that will contribute to the wellbeing of persons, neighborhoods, communities; consistent with N.J.S.A. 40:55D-2.e. The proposed project will promote a more desirable visual development techniques consistent with NJ.S.A. 40:55D-2.i. by developing the vacant lot with a new multi-unit affordable building that will improve the streetscape. Granting the variances will not result in a detriment to the general welfare. The project will be improving a vacant lot. The proposed project will provide for adequate light, air, and open space. The architectural style of the proposed building is consistent with the adjacent residential development and the character of the neighborhood. The proposed project will add new street trees.

19, In addition, granting the variances will not result in substantial impairment to the zone plan or the zoning ordinance. The proposed building is a permitted use and will comply with front yard setback and exceeds the side yard setbacks required in the zone. 20. The requested variances are justified and meet the positive and negative proof standards and therefore can be granted, NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the application of Tompkins Street Apartments Urban Renewal, LLC for property located at Tompkins Street; Block 6, Lot: 36.01; R-M Zone, is determined as follows: a: The Board grants the following bulk variance relief pursuant to NJ.S.A. 40:55D-(c)(2): Bulk Standard Required Proposed 25-7.1 Max. building _ 2.5 stories/35 feet 3 stories/38 feet height 25-7.1 Min. rear yard 30 ft. 13.9 ft. 25-7.1 Max. building 40% 45.3% coverage 25-7.1 Max. lot coverage 55% 57.9% 25-12.2a.1 Min. parking 35 0 spaces 2. Preliminary and final site plan approval is granted pursuant to N.J.S.A. 40:55D-46 and 50. AND IT IS FURTHER RESOLVED that the above approval is subject to the following terms and conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for

and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its

successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. 4. All construction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. 5. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. 6. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. 7. Applicant shall list all conditions of approval onto final site plan submission, 8. Applicant shall obtain all necessary approvals pertaining to water and sewer utilities and soil conservation districts. 9. Applicant shall comply with all recommendations found in the 4/29/21 letter of the Board's Engineer, excepting the differences that were addressed at the public hearing with respect to Sections 22 and 23; specifically, that landscaped screening shall not be provided on the west side of the building, and that mulch will be provided in lieu of the ground cover identified in section 23. 10. Applicant shall provide for an additional Electric Vehicle Charging station if necessary and appropriate. 11. Applicant shall comply with all comments and recommendations with the Planning Director's Memorandum dated April 29, 2021. 12. Applicant shall lower the height of the outdoor lighting fixtures to seven (7) feet. 13. Applicant shall work in good faith with the Township in order to supply a handicap parking spot on Tompkins Street. 14. Applicant shall comply with all commitments made in its sustainability checklist submission. 15. Applicant shall work with the Township to supply a street address for the project and thereafter provide a street address sign in accordance with the Township's

stainability checklist submission. 15. Applicant shall work with the Township to supply a street address for the project and thereafter provide a street address sign in accordance with the Township's Ordinances. 16. Applicant shall provide a rain barrel for watering on site.

17. Applicant shall provide clear signage with respect to the location of the water connection service room vault and shutoff valve. 18. Applicant shall work with the Township’s Engineer and public safety officials as to whether an appropriate loading space can be designated in the street in front of the building. 19. Applicant shall ensure that trash is picked up in an adequate manner. 20. Applicant shall address all future needs for additional parking by providing such parking at appropriate locations within walking distance of the subject property. 21. Applicant shall record appropriate deed notice(s)/easement(s)/right(s) of way with respect to all parking arrangements between the Township and the Applicant concerning separate property. The undersigned secretary certifies the decisions set forth herein was made by this Board on May 5, 2021 and memorialized herein pursuant to N.J.S.A. 40:55D-10(g) on June 2, 2021. Diana L. Chandlét, Acting Board Secretary

Vote on Action Taken by the Board on May 5, 2021 BOARD MEMBER MOTION SECOND AYE NAY ABSTAIN ABSENT Bagoff (Ch.) x Guarino Johnson Trenk Smeraldo Klein McCartney McNair Wilkes (V.Ch) Vote on Memorialization on June 2, 2021: BOARD MEMBER MOTION | SECOND AYE NAY ABSTAIN ABSENT Bagoff (Ch.) + Guarino x Johnson Trenk McCartney McNair Palatal bad Wilkes (V.Ch) 10