2025 09 08 Township Resubmission Letter

Township of West Orange September 8, 2025 Page 2 of 8 In order to facilitate your review, below please find an itemized response to the aforementioned letters: Planning Review #2 Letter, prepared by Christopher N. Dochney, PP, AICP of CME Associates, dated 3/17/2025 Planning Comments a. The applicant should discuss the proposed project, addressing the general scale and scope of improvements proposed for the site. The plans indicate that the existing building is to remain, but the parking areas are to be removed and replaced. What are the extents of renovations of existing improvements and what is proposed to be entirely new construction? Testimony was provided regarding the proposed project. b. We note that this is not the first application for a drive-thru facility on this property, and that last year an application on this site was dismissed by the Board without prejudice. The applicant should provide testimony addressing any similarities and differences between the previous application before the Board, and the application that is now before the Board. Testimony was provided regarding similarities between the previous application. c. The application as proposed will require a d-3 conditional use variance for non-compliance with four of the conditional use requirements for a fast food restaurant in the B-2 business district. With any ‘d’ variance, the applicant has an enhanced burden of proof to demonstrate that both the positive and negative criteria can be satisfied before the Board can grant a ‘d’ variance: i) Positive Criteria: The applicant must show that the site remains suitable for the proposed use despite not satisfying the conditional use requirements. ii) Negative Criteria: The applicant must show that the proposed use will not have a substantial detrimental impact on the public good, and will not substantially impair the intent and purpose of the zone plan. Testimony will be provided regarding the positive and negative criteria for the D-3 conditional use variance.