25 12 11 PSEG Company CME Planning Review 1

West Orange Zoning Board December 11, 2025 Re: 325 Mount Pleasant Avenue – PSE&G Company Our File No. 115.VWRZ0155.04 CME Planning Review #1 Page 4 "H:\Legacy\Howell-FS1\SEC\West Orange\Zoning Board\115.WRZ0155.V04 - PSE&G Company\25-12-11 PSE&G Company - CME Planning Review 1.docx" 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 there are special reasons to grant the variance. Special reasons can come in one of three forms: 1) that there is an economic inutility in using the property for one of the permitted uses in the district; 2) that the proposed use is considered “inherently beneficial”; or 3) that the proposed use would promote the general welfare by advancing one of the purposes of zoning, and that the site is particularly suited for the use. 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. d. We note that public utility infrastructure has been previously found by the courts to be considered “inherently beneficial”. In these particular cases the positive criteria is considered to be presumptively satisfied. The applicant does not need to demonstrate that this site is particularly suitable for a public utility use. e. For a d-2 variance application should be evaluated on whether the site can adequately accommodate the proposed expansion and whether the expansion of the public utility building or structure would satisfy the negative criteria. f. 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: g. The applicant shall provide testimony addressing the tree replacement requirements of the Township code at §28-8. It is noted that the applicant has reduced the number of trees proposed for removal to 120. Additionally, the ordinance permits the applicant to provide payment in lieu of replacement plantings. We defer any further comments on tree removal and replacement to the Township Forester. h. The applicant should confirm whether steep slopes exist on the property. Available data from Rowan University’s NJ Map

any further comments on tree removal and replacement to the Township Forester. h. The applicant should confirm whether steep slopes exist on the property. Available data from Rowan University’s NJ Map indicates that steep slopes may be present along the property’s borders. i. We defer any comment on grading, drainage, utilities, and stormwater management to the Board Engineer. j. The applicant should address the status of any necessary outside agency approvals.