West Orange Fourth Round HEFSP_adopted 111025_Appendices

. 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 Township 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) 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 the maximum allowed:

(6)a“c” variance fora 1 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 toa 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; (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. IL. 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. 16. 17. 18. 19. 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 puests, 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 childcage center; Adopted: October 17, 2019 Ve WY y LM, Lol 39 (7 R&e Marie DéSéna, Zoning Board Secretary

APPENDIX N 172-174 Main Street Documentation

RESOLUTION Township of West Orange Planning Board PB 24-14 172-174 Main Street LLC/172-174 Main Street Block: 89 Lot: 6; Zone: B-1 Decided on July 2, 2025 Memorialized on July 16, 2025 Application for Conditional Use, Preliminary and Final Major Site Plan Approval with Bulk Variances to construct a third-floor addition to the existing two-story building and convert the building to a mixed-use development. WHEREAS, 172-174 Main Street, LLC (Hereinafter the “Applicant”) has made an application for Conditional Use approval and Preliminary and Final Major Site Plan approval with Variances to construct a third-floor addition to the existing two-story commercial building and to convert the building to a mixed use development which is a permitted conditional use in the B-1 Zone located at 172-174 Main Street, also known as Block: 89; Lot 6 (the “Property”, in the B-1 Retail Business zone; and WHEREAS, a properly noticed public hearing was conducted on February 5, 2025, April 2, 2025, May 7, 2025, and July 2, 2025; and WHEREAS, the Applicant was represented by Tyler Zeberl, Esq.; and WHEREAS, the Applicant provided testimony from Maurice Cox, Managing Member of 172-174 Main Street, LLC; Donna Bullock, P.E. of Morgan Engineering & Surveying, as a professional engineer; Patrick Downey, P.E. of Dynamic Traffic as a professional traffic engineer, John McDonough P.P., professional planner: and Jason Peist, AIA, of Jason Peist Architect, LLC as a professional architect; and

WHEREAS, the Applicant submitted the following documents to the Board in the form of the application package: ITEM SIGNED BY DATE/REVISION Preliminary & Final Major Site Donna M. Bullock, P.E. 1/21/2025 revised 6/17/2025 Plan (4 pages) Property Survey N.E. Breid & Company 3/13/1989 Architectural Plans (8 Pages) Jason Peist, AIA 6/26/2024 revised 6/12/2025 Traffic Report Corey Chase, P.E. 2/18/2025 Boundary and Topographic | David J. Von Steenburg, P.L.S| June 12, 2025 Survey WHEREAS, representatives of the public were provided with an opportunity to pose questions of the Witnesses and also had an opportunity to offer statements in regard to the Application, including testimony from Peter Steck, Professional Planner; Eric Buckley, AIA and WHEREAS, the Board reviewed and considered the Application, and the documents submitted therewith, the testimony of the Witnesses and members of the public; and WHEREAS, the Board also considered the testimony and filed review letters of its professionals at the hearing, including review memos dated August 13, 2024, from Phillip Scott,, P.E.C.M.E., Matrix New World (Township Engineer), a Planner’s Report by Gerard M. Haizel, PP, AICP, Principal of Nishaune Group and addendum to the report by Gerald M. Haizel, PP, AICP dated April 2, 2025, Township Planning Consultant dated September 24, 2024, and Addendum to Matrix New World report dated April 1, 2025 by Phillip Scott, P.E., C.M.E. and Engineering Review No. 2 dated June 30, 2025 by Phillip Scott, P.E., C.M.E.; 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 approval for Preliminary and Final Major site plan approval with c variances to construct a third-floor addition to an existing two (2) story building and convert the building into a mixed-use building. The proposed mixed-use building will contain 2,824 sq. ft. of office space on the first floor, which will be sub-divided into two (2) tenant spaces, and a total of seven (7) residential units on the 2"! and 3" floors. Twenty-five (25) on-site parking spaces will be provided. Mixed-use development is permitted as a conditional use in the B-1 District if specific conditions are met. The conditions required for a mixed-use development in a B-1 and B-2 District are: (1)Permitted uses on the ground floor of a mixed-use development shall include the following permitted uses in the B-1 and B-2 Districts: retail store, personal service store or studio, office, business or vocational school, restaurant, bar, massage, bodywork or somatic therapy establishment, and fitness center/health club, (2) One or more dwelling units shall be permitted on the upper floor(s) above any of the permitted ground floor uses in §25-4.2b2()(1), (3) Access to upper floor uses shall be provided by means of a separate entrance than provided for ground floor uses, (4) Minimum lot area shall be 5,000 sq. ft., and the minimum frontage of such lot shall be 50 feet. The proposed development meets all the conditional use requirements. The site is a 15,176.6 square foot (.348 acre) lot located on the western side of Main Street, between Edsonia Terrace and Park Way. The existing building is a two-story commercial building that is currently vacant and appears dilapidated.