West Orange Fourth Round HEFSP_adopted 111025_Appendices

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. 1, 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. 9. 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. HL, 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

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. 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 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 7 — The Municipal Land Use Law, at N.J.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 II 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, 5th 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

13. 14. 15. 16. dz: 18. setback requirements, exceeding the total side yard requirement by over 10 feet, thus mitigating any impacts to adjacent properties from the increase in building coverage. In terms of the maximum lot coverage, the project is seeking relief for the proposed 57.9% lot coverage where a maximum of 55% is permitted. The proposed building design provides access to the front using from the front entrance on Tompkins Street, and access to the units in the rear of the building from a separate side entrance and walkway from the north side yard. The proposed side entry will be at-grade allowing for ADA access to the units in the rear of the building. In addition, there is a walkway in the south side yard that leads to an opposite side entrance from the south side yard where the proposed trash area is located. The proposed project provides landscaped areas throughout the property except for the necessary walkways to accommodate the additional coverage and provides two new street trees. In terms of the minimum rear yard setback, the project is seeking relief for the proposed 13.9-foot rear year setback where a minimum of 30 feet is required. The rear yard of the subject property abuts the rear yard of Lots 16 and 18 that front onto Valley Road, which are in the Retail Business (B-1) District. Lot 18 is developed with a mixed-use building and Lot 16 is developed with a residential building. The rear of the proposed building is stepped down to 2 stories compared to the majority of the building with 3 stories. This design further reduces impacts from the rear yard variance on the adjacent property. In addition, the project is proposing a vinyl-fence surrounding the property to buffer the two properties. The benefits of the increased side yard setback providing for greater light and air between the adjacent residential properties would substantially outweigh the reduced rear yard setback adjacent to the B-1 District properties. Granting the requested variances will guide the appropriate use and development of the property in a manner that will promote the public health, safety, and general welfare consistent with N.J.S.A. 40:55D2.c through the provision of adequate light, air, and open space. The project is proposing a permitted density in the R-M District, and therefore is promoting the establishment of appropriate population densities and

rovision of adequate light, air, and open space. The project is proposing a permitted density in the R-M District, and therefore is promoting the establishment of appropriate population densities and concentrations that will contribute to the wellbeing of persons, neighborhoods, communities; consistent with N.J.S.A. 40:55D-2.e. The proposed project will promote a more desirable visual development techniques consistent with N.J.S.A. 40:55D-2.i. by developing the vacant lot with a new multi-unit affordable building that will improve the streetscape. Granting the variances will not result in a detriment to the general welfare. The project will be improving a vacant lot. The proposed project will provide for adequate light, air, and open space. The architectural style of the proposed building is consistent with the adjacent residential development and the character of the neighborhood. The proposed project will add new street trees.

19, In addition, granting the variances will not result in substantial impairment to the zone plan or the zoning ordinance. The proposed building is a permitted use and will comply with front yard setback and exceeds the side yard setbacks required in the zone. 20. The requested variances are justified and meet the positive and negative proof standards and therefore can be granted. NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the application of Tompkins Street Apartments Urban Renewal, LLC for property located at Tompkins Street; Block 6, Lot: 36.01; R-M Zone, is determined as follows: A: The Board grants the following bulk variance relief pursuant to N.J.S.A. 40:55D-(c)(2): 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 2. Preliminary and final site plan approval is granted pursuant to N.J.S.A. 40:55D-46 and 50. AND IT IS FURTHER RESOLVED that the above approval is subject to the following terms and conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for