2025 09 08 Township Resubmission Letter

Township of West Orange September 8, 2025 Page 3 of 8 d. With this being a ‘d-3’ conditional use variance, and not a traditional ‘d-1’ use variance, the applicant does not necessarily need to show special reasons to grant the variance, or that the site is suitable for a fast-food restaurant in general. In accordance with the standards set in the Coventry v. Westwood case, the focus of the Board in applying the positive and negative criteria should be on the deviations from the conditional use requirements rather than on the proposed use overall. As a conditionally permitted use a fast food restaurant is considered suitable for this site, if the conditions were met. The applicant must show that the site continues to be suitable for a fast food restaurant, and that the site can accommodate any problems associated with the use. Testimony will be provided regarding the proposed D-3 Use Variance. e. It appears that the general intent of the conditional use requirements for fast food restaurants is to limit the impacts of driveways and drive-thru services on the circulation network of the Township for both vehicles and pedestrians, and to limit the impacts of these uses on existing residences. These types of uses tend to have higher traffic impacts during peak hours than other commercial uses, and a high turnover of vehicles entering and exiting the properties which can cause issues with traffic flow. Information. No response required. f. Outside of the conditional use requirements, it appears that the proposed fast food restaurant satisfies all the standards for a drive-thru service, including signage and space for stacking of vehicles. The Township has revised §25-11.14 of its ordinance regarding Drive-up Windows. Per the latest ordinance, this project now requires a waiver from §25-11.14.j, as the subject property is 1.05 acres whereas a minimum of 5.00 acres is required. g. The application as proposed will also require several bulk or ‘c’ variances. The applicant must satisfy both the positive and negative criteria for each of these variances as well: i) Positive Criteria: The applicant must show that either there is an undue hardship (practical difficulty) in conforming to the code, or that the proposed conditions represent a preferable alternative to conforming to the standards of the code, and that the benefits of the deviation would outweigh any

lty) in conforming to the code, or that the proposed conditions represent a preferable alternative to conforming to the standards of the code, and that the benefits of the deviation would outweigh any detrimental impacts. ii) Negative Criteria: The applicant must show that the variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the zone plan. Testimony will be provided regarding the positive and negative criteria for the requested variances. h. The applicant should address the potential impacts specifically of the drive-thru use to the adjacent residences, in terms of both the visual and potential noise impacts of the use. Testimony was provided regarding the proposed visual screening. Additional testimony will be provided by the acoustical expert regarding the potential noise impacts.