Draft_October 2025_West Orange_HEFSP_with Appendices

be a “Don’t Block the Box” sign installed at St. Cloud and Northfield Avenue, to which Mr. Maltz indicated he would support; Mr. Goldstein also asked if the building will interfere with the cellular antennae located on Stagg field; Ken Alper, Collamore Terrace, asked about the St. Cloud driveway which will be ingress only; Lauren Koch, 19 Sheridan Avenue, asked if there will be parking rules for the daycare center, a restriction on use of the lot by commuters and otherwise asked Mr. Maltz the basis for his numbers of expected trips and needed parking for the site; Andrea Schoenberger, 39 Oak Crest Road asked if the parking counts included providing for the day care center staff and indicated that she was concerned about an increased school population if Application is granted; Christine Bosco, 4 Mason Place asked Mr. Maltz if Sheridan Avenue had been studied, to which Mr. Maltz replied it had been but that information is now moot because there will be no exit onto St. Cloud Avenue; Ms. Bosco asked Mr. Appel about the affordable units that will be provided in the apartment building, and asked Mr, Maltz about fire hydrants; Scott Dias asked Mr. Appel about the height of the apartment building and asked Mr. Lanzafama about the driveways into and out of the site and asked if a wetlands assessment had been done; Jean Goldstein, 299 St. Cloud Avenue questioned Mr. Maltz; Harvey Montague, 29 Boland Drive asked about the materials to be used on the apartment house;

Beverly Reilly, 56 Lennox Terrace asked Mr. Abramson how this project could be seen as a benefit when there is already so much traffic in the morning on St. Cloud Avenue: and WHEREAS, the following persons commented upon the Application: Robert Rashkes, 35 Oak Crest Road, testified he was concerned about traffic, the fact that the Applicant had not detailed how school busses would pick up children living in the new apartment building , questioned whether the parking will be sufficient and about shade on Stagg Field; and Joel Goldstein, 299 St. Cloud Avenue testified that no matter how attractive the building may be, it is too large for the area, and that he was also concerned about traffic and parking and that he does not believe that the assumptions made by the traffic expert about one car families, the time it will take for daycare drop off, and the amount of cars visiting the retail space were reasonable; and Beverly Reilly 56 Lennox Terrace, testified the building height is excessive for the neighborhood, she is concerned with increased traffic, and what she believes will be inadequate parking for the daycare staff and the teachers at St, Cloud school, and believes the ingress and egress from the site may be dangerous; and Jean Goldstein, 299 St. Cloud Avenue, testified the building is too much for the area, that there is nothing this large on Northfield Avenue, and that traffic impacts were not adequately addressed; and Charlotte Wescott testified that St. Cloud school is overcrowded now, this project will make it worse and the traffic situation in the mornings and afternoons at the school will only become worse; and

Claire Silvestre, 20 Grandview Avenue, testified that she disagrees with the planner that the project will benefit the public, admitting that the hotel is not an attractive use but a dense mixed use with such lot coverage is not in the best interest of the community, that traffic expert’s assumptions were not accurate concerning the duration of park cars during drop off times, which will affect the adequacy of parking, and that the building is too large for the space; and Christine Bosco, 4 Mason Place, testified that this project will be detrimental to the St. Cloud area in terms of traffic and congestion, that the building is too large and will block the sun and view of the mountains to the neighborhood in the late afternoon, that the apartment building will add more children to the schools system, does not fit the character of the neighborhood and there are better uses for this property; and Scott Dias, 272 St. Cloud Avenue testified that the scope and size of the building will hurt the fabric of the neighborhood, and that the Board should see the traffic on St. Cloud Avenue at the start and end of the school day; and WHEREAS, all the facts and data contained in the submitted Application and all facts and testimony adduced at the public Hearing on said Application are incorporated herein as Findings of Facts of this Board as if set forth at length herein and made a part hereof; and WHEREAS, THE BOARD HAVING MADE THE FOLLOWING SPECIFIC FINDINGS OF FACT AND CONCLUSIONS: A. The Applicant is the owner of 555 Northfield Avenue, West Orange, New Jersey, 07052, being Block 168, Lot 26 and Lot 28 on the Tax Map of the Township of West Orange and located in the B-2 zone.

B. The Applicant seeks Preliminary and Final Site Plan approval and requires (1) a “d” 6 height variance for 62.8 feet when 35 feet is the maximum height permitted (2) a “c” variance for 5 stories when only 2 ¥ stories are permitted; (3) a“c” variance for a 2.56 foot front yard setback when a 30 foot setback is required; (4) a “c” variance for 49% building coverage when 40% is the maximum allowed; (5) a “c” variance for lot coverage of 77.43% when 60% is con) the maximum allowed; (6) a “c” variance for a 1 foot setback of an accessory structure from the property line when a 5 foot setback is required; (7) a “c” variance for an accessory use in the parking areas in the front and side yards which is not permitted; (8) a “ce” variance for a five foot setback of an accessory structure and a parking area to a residential zone when a 10 foot setback is required; (9) a “c” variance for a six foot PVC privacy fence in a front yard which is not permitted; (10) a “c” variance for five signs when only one is permitted; (11) a “c” variance for a 1.6 foot projection of a fagade sign when | foot is the maximum projection allowed; and (12) a “c” variance for a five foot setback of a monument sign from the property line when a 10 foot setback is required, a waiver of the filing of an Environmental Impact Statement and a waiver from sections 28 and 31 of the checklist requirements for Site Plan Approval all to build a mixed use apartment building, retail space and childcare center. C. The Applicant accommodated the Board’s concern about building height and mass by scaling down the top floor and addressed the Board’s concern about the location of the daycare playground and re-oriented the daycare building.

. The project will replace a restaurant building that has been shuttered for years and a dated hotel that have been an eyesore for many years. . The site presents natural buffers to the single family residential area. . The Application meets or exceeds the parking requirements under the Townshi ip Ordinance. - Each of the presented uses, apartment building, and retail space and daycare center are all permitted uses at the subject property. - The Applicant's planner’s testimony credibly established both positive and negative criteria for the granting of a “D(6)” Variance as well as establishing the positive and negative criteria for granting the “C” Variance. The Applicant provided testimony that a waiver of an Environmental Impact Statement or any other requirements of the Site Plan Checklist for Site Plan Approval should be granted since the site is fully developed. The purpose of the Municipal Land Use Law will be advanced by the granting of this Application and the Board specifically finds that the construction of a day care is an inherently beneficial use and that the Township of West Orange will also benefit from the affordable units to be offered in the apartment building. . The Board finds that there is no negative impact as a result of the relief granted and the granting of the Application will not substantially impair the intend and purpose of the West Orange Zone Plan or Master Plan. .. The purpose of the Municipal Land Use will be advanced by the granting of this Application.

A Motion to grant the Applicant’s request for an Preliminary and Final Site Plan Approval a “D(6) variance and 11 “c(2)” variances, waiver of the requirement for an EIS and items 28 and 31 on the checklist was made by Chairman Neuer and seconded by Ms. Gabry and voted upon as follows: Ayes Nays Abstentions Eben Yes Gabry Yes Quentzel Yes Redwine Yes Schwarzbaum Yes Weiss Yes Never Yes NOW THEREFORE IT BE RESOLVED that the Zoning Board of Adjustment of the Township of West Orange, based on the findings of fact and conclusions of foresaid and upon the Laws established in the State of New Jersey hereby grants 555 Northfield Avenue, LLC Preliminary and Final Site Plan Approval, and the following variances and waivers: (1) a “d” 6 height variance for 62.8 feet when 35 feet is the maximum height permitted (2) “c” variance for 5 stories when only 2 % stories are permitted: (3) a “c” variance for a 2.56 foot front yard setback when a 30 foot setback is required; (4) a “c” variance for 49% building coverage when 40% is the maximum allowed; (5) a “c” variance for lot coverage of 77.43% when 60% is the maximum allowed;

(6) a“c” variance fora | foot setback of an accessory structure from the property line when a5 foot setback is required; (7) a “c” variance for an accessory use in the parking areas in the front and side yards which is not permitted; (8) a “c” variance for a five foot setback of an accessory structure and a parking area to a residential zone when a 10 foot setback is required; (9) a “c” variance for a six foot PVC privacy fence in a front yard which is not permitted: (10) a “c” variance for five signs when only one is permitted; (11) a “c” variance for a 1.6 foot projection of a fagade sign when 1 foot is the maximum projection allowed; and (12) a“c” variance for a five foot setback of a monument sign from the property line when a 10 foot setback is required; (13) a waiver of the filing of an Environmental Impact Statement (14) a waiver from sections 28 and 31 of the checklist requirements for Site Plan Approval. BE IT FURTHER RESOLVED that said approval is subject to the following conditions: 1. The Applicant is hereby bound by the evidence presented and the testimony of its witnesses without deviation or alteration. 2. No cellular or other similar antennae shall be permitted to be placed upon the roof of either the apartment building or child care structure. 3. There shall be no exit permitted out of the driveway onto St. Cloud Avenue.

10. The Applicant will submit a solid waste management plan to the reasonable satisfaction of the Township’s Consulting Engineer before a certificate of occupancy for either building may be issued. The hours of operation of the daycare center are limited to 6:30 a.m. to 6:30 p.m. The daycare center will not operate on Saturdays or Sundays. Any landscaping changes will be subject to the Township Forrester’s approval. The Applicant or whoever will operate the apartment building will enforce the stated condition that none of the dens or other non-bedroom areas in any apartment may be converted into bedroom use. There will be no other signs for the retail space other than the one already described on the plans on the Northfield facade of the building. The location and access to the tenant mailboxes shall be subject to the West Orange United States Postmaster’s approval. No commuter parking shall be permitted anywhere on the site and the Applicant shall post signs with that information as well as grant, via letter, authority to the West Orange police to ticket and tow the car of any violator, . . The Applicant will install two bike racks on site. . The applicant will comply with all applicable regulations for the affordable units being offered, including the phasing requirement. In particular, all units shall include the required bedroom distribution, be governed by controls on affordability and be affirmatively marketed in conformance with the New Jersey Uniform Housing Affordability Controls (U.H.A.C.) 5:80-26.1, et seq., or any successor regulation, with the exception that in lieu of ten (10) percent of affordable units in

13. 14. 15. 17. 18. 1% rental projects being required to be at thirty five (35) percent of median income, thirteen (13) percent of affordable units in rental projects shall be required to be at thirty (30) percent of median income. All affordable units shall be adaptable in conformance with N.J.S.A. 52:27D-31 1a and -311b and all other applicable laws. The applicant shall execute an agreement with the township of West Orange’s Administrative Agent for affirmative marketing, income qualification and all other administrative requirements related to the affordable units. The Applicant will comply with the fire official’s letter of 1/15/19. No flashing, animated or digital signs will be permitted on the property. Before the issuance of a certificate of occupancy will be issued, the Applicant must Tun a camera inspection on the sewer line in the easement and present its findings to the Township Engineer. The Applicant will comply with any direction issued by the Township Engineer after his review of the camera inspection. . All architectural materials and details, including all materials presented, shall be left with the Board secretary and identical materials shall be installed in the finished project, as presented, without substitution. The Applicant will not allow any public events or private gatherings or parties in the common areas except for those of tenants and their guests. No left turn will be permitted out of either of the Northfield Avenue driveways. The daycare center building is approved for use as a daycare center; no change of use is permitted without re-submission to the West Orange Zoning Board of Adjustment.

20. All conditions stated in this Resolution shall be listed on the page of the Final Site Plan drawings where the signature blocks appear. MOVED BY: Chairman Neuer SECONDED BY: Mr. Redwine THOSE IN FAVOR: 3 THOSE OPPOSED: 0 ABSTENTIONS: 0 I hereby certify that the foregoing Resolution was adopted by the West Orange Board of Adjustments at its public meeting on October 17, 2019, memorializing the decision of the Board granting the application by a vote of 7 in favor and 0 against. all to build a mixed use apartment building, retail space and childcare center; Adopted: October 17, 2019 V7 Ag 4, Vif; OL G 7 Ré&e Marie D€Séna, Zoning Board Secretary