Draft_October 2025_West Orange_HEFSP_with Appendices

Affordable Housing: Low/Moderate Housing Provisions of the Township of West Orange Land Use Regulations Ordinance. 2. The minimum unit sizes for the affordable units shall be as follows, except if the square footage of the market rate units is smaller than the minimum square footage of the affordable units, then the affordable units shall be the same size as the market rate units: (a) One-bedroom 650 square feet (b) Two-bedroom 875 square feet (c) Three-bedroom 1,150 square feet Section 3. If any provision of this Ordinance or application thereof, under any circumstances, is held invalid, the invalidity shall not affect any other provisions or applications of this Ordinance that can be given effect without the invalid provision(s) or application(s) and to this end the provisions of this Ordinance are severable, Section 4. All other Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed. Section 5. This Ordinance shall take effect upon final passage and publication in accordance with law. re a. 1.afnevale, R.M.C. 7 mighelte Casalino Municipal Clerk Council President Introduced: October 6, 2020 Adopted: October 20, 2020 4844-7802-2092, v. 2 26

LEGISLATIVE HISTORY This Ordinance is presented pursuant to the Affordable Housing Settlement Agreement with Fair Share Housing Center approved by the Township Council on April 14, 2020. The Superior Court of New Jersey confirmed the Settlement Agreement on July 10, 2020. 27 4844-7802-2092, v. 2

APPENDIX I 25 Tompkins Street Site Documentation

Resolution Township of West Orange Planning Board In the Matter of Tompkins Street Apartments Urban Renewal, LLC Tompkins Street; Block 6, Lot: 36.01; R-M Zone Application #PB-21-04 Decided on May 5, 2021 Memorialized on June 2, 2021 Preliminary and Final Major Site Plan and Variance Approval WHEREAS, Tompkins Street Apartments Urban Renewal, LLC (hereinafter the "Applicant") has made an application for preliminary and final major site plan approval with variances to construct a 17- unit multifamily residential building on a vacant lot owned by the Township of West Orange (the “Township”); and ‘WHEREAS, a public hearing was conducted on May 5, 2021; and WHEREAS, the Applicant was represented by William C. Sullivan, Jr., Esq.; and ‘WHEREAS, the Applicant provided testimony by Mary Johannesen, a professional architect whose credentials were accepted by the Board, David Eareckson, a professional engineer whose credentials were accepted by the Board, Joseph Alpert, the proposed developer and Charles Heydt, a professional planner whose credentials were accepted by the Board; and WHEREAS, the Applicant submitted the following documents to the Board in the form of the application package: Item Signed By Date/Revision Boundary and Topographic Frank J. Barlowski, P.L.S. 9/14/20 Survey Site Plan (10 sheets) Sean M. Savage, P.E. 3/12/21 Architectural Plans (2 sheets) | Stephen L. Schoch, A.LA. 3/10/21 Architectural Renderings (1 Unsigned-Kitchen & 12/16/20 sheet) Associates Justification of Variances Unsigned- Dresdner Robin 4/27/21 report ‘WHEREAS, representatives of the public had an opportunity to ask questions of the witnesses and had an opportunity to offer statements in regard to the application; and WHEREAS, the Board reviewed and considered the application, testimony and documents submitted therewith; and WHEREAS, the Board also considered the input of its professionals at the hearing and in written reports; and

‘WHEREAS, the Board also considered the input of the Site Plan Advisory Review Board which held a virtual meeting with the Applicant and his professionals on April 20, 2021. NOW THEREFORE, the Board makes the following findings of fact, based upon the evidence presented at its public hearing, at which a record was made. = The Applicant is requesting approvals to construct a 17-unit multifamily residential building on a vacant lot previously owned by the Township. The proposed development will consist solely of low- and moderate-income units, which will address the affordable housing obligation for a recently approved multifamily development at 18 Central Avenue. The subject property is in the R-M zone district. The proposal is consistent with the permitted uses and most bulk and design regulations but requires variances from certain requirements. 2 The application requires preliminary and final major site plan approval and variance approval. 3. The application requires the following variances: 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 4. The subject property consists of one tax lot with an area of 14,787.39 square feet (0.34 acres). It is located on the west side of Tompkins Street. The site is currently vacant and is owned by the Township. 5. There are a mix of land uses in the surrounding area. These include single-, two- and multifamily residential uses along Tompkins and Mitchell Streets, vacant lots and commercial uses. The somewhat recently constructed Harvard Printing multifamily residential development is located approximately 250 feet to the north on Mitchell Street and the Planning Board recently approved a mixed- use development just to the west of Harvard Printing at 18 Central Avenue. The developer of the Harvard Printing and the 18 Central projects is a related entity to the applicant for the subject property. 6. New Jersey Transit’s Highland Avenue railroad station is three blocks to the east along Mitchell Street. Bus stops are located on Scotland Road and Central Avenue approximately five blocks to the northeast. Central Avenue is an Essex County road (Route 508). There are sidewalks on both sides of Tompkins Street.

7. The Applicant is proposing to construct a three-story multifamily residential building with 17 dwelling units. The ground floor is proposed to include five dwelling units and a management office. Six units per floor are proposed on the second and third stories of the building. The breakdown of unit types is three one-bedroom units, 10 two-bedroom units and four three-bedroom units. The bedroom distribution is dictated by New Jersey's Uniform Housing Affordability Controls (UHAC), which set a minimum of 20 percent three-bedroom units and a maximum of 20 percent one-bedroom units. 8. Access to the units in the front third of the building, as well as the management office, will be provided by a front entrance. The remaining units will be accessed by an entrance on the north side of the building. An additional door is proposed on the south side of the building, which will provide access to a fenced-in area including a trash area. Exterior doors accessing the electrical and water meter rooms are proposed in this area as well. A freestanding mailbox for tenants is proposed in the front yard area. Two existing driveway aprons along the street will be replaced by Belgian block curbing. a The building’s design is more in keeping with the low-rise residential character of the surrounding properties than the design of the developments on Central Avenue constructed or proposed by related entities of the applicant. Brick will be provided on the base of the facade as well as up to the top of the second floor in some other locations on the building. Horizontal siding and cedar shake siding will clad the rest of the building below the roof line. The building will have double hung windows and a pitched roof. 10. No on-site parking spaces are proposed. Instead, one space per unit in this building is reserved in the parking lot of the recently approved multifamily development at 18 Central Avenue. 11. The application materials list the correct block and lot number but have the incorrect street address (20 Tompkins Street is an existing dwelling on the east side of the street). The applicant will revise the application materials to remove the incorrect information. A street number will need to be provided for the subject property. 12. The quality of the units will be very comparable to the Harvard Printing development and the recently approved 18 Central Avenue project.

number will need to be provided for the subject property. 12. The quality of the units will be very comparable to the Harvard Printing development and the recently approved 18 Central Avenue project. The building will be fully sprinklered. 13. The first-floor entrances will be ADA accessible and one ADA accessible unit will be provided, 14. The applicant stated that trash will be picked up by the publicly contracted hauler but a private hauler will be contracted to provide additional service if necessary, similar to the arrangement for the Harvard Printing site and as approved by the Board for the new Central Avenue project. 15. The public was afforded an opportunity to ask questions of witnesses and offer testimony ‘on the application. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law.

This application requires the following bulk “c” variances, as well as preliminary and final major site plan approval: 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 fi. 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 The Municipal Land Use Law, at NJ.S.A. 40:55D-70(c) provides Boards with the power to grant variances from bulk and other Ordinance requirements when the Applicant satisfies certain specific proofs which are enunciated in the statute. Under the (c)(2) criteria, the Applicant must demonstrate that in a particular instance relating to a specific piece of property, the purposes of the Act would be advanced by allowing a deviation from the Zoning Ordinance requirements and that the benefits of any deviation will substantially outweigh any detriment. These tests specifically enumerated above constitute the affirmative proofs necessary in order to obtain "bulk" variance relief, under Section (c)(2). Also, an applicant for these variances must show that the proposed relief sought will not cause a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The burden of proof is upon the Applicant to establish that these criteria have been met. The proposed project is developing a vacant parcel with 17 affordable units within walking distance to the Highland Avenue New Jersey Transit Rail Station, The proposed affordable housing will contribute to the diversity of housing options available for the community. The project proposes a building height of 38 feet and 3 stories where the R-M District permits a maximum building height of 35 feet and 2.5 stories, The subject property is to be developed with comfortably sized units with approximately 650 net square feet for 1- bedrooms, 870 net square feet for 2-bedrooms and 1,148 net square feet for 3-bedroom units. These units sizes are consistent with New Jersey's Uniform Housing Affordability Controls (UHAC). The additional height is necessary for a full third story for the structure to accommodate 17 residential units. The proposed building height is in character with developments in the surrounding area. This includes the adjacent property at 9-21

10. 11. 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 I! 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