PB 25 12 Application

rder to construct the proposed improvements, the Applicant is seeking preliminary and final major site plan approval and the following bulk variance relief: 1. Bulk variance relief for a pre-existing non-conforming rear-yard setback of 2’11”, whereas the minimum required rear-yard setback is 30 feet, pursuant to Section 25- 7.1 of the Land Use Regulations of the Township of West Orange (the “Ordinance”);

2. Bulk variance relief for 61 proposed parking spaces, whereas the minimum required number of parking spaces in the B-1 Central Business District is 62 parking spaces (19,744 sf less 1,000 sf = 18,744 sf divided by 300 = 62) pursuant to Section 25- 12.2.b.5.b of the Ordinance; 3. Bulk variance relief for a pre-existing non-conforming lot coverage of 97%, whereas the existing lot coverage is 99%, and the maximum permitted lot coverage is 75%, pursuant to Section 25-7.1 of the Ordinance; and 4. Bulk variance relief for one proposed permanent loading space and one temporary loading space, whereas based on the size of the proposed grocery store (13,934 sf), two permanent loading spaces are required, pursuant to Section 25-12.3(a) of the Ordinance; and 5. Any additional variance, exceptions, design waiver or other relief determined necessary by the Board and/or its professionals The Applicant contends that the requested relief can be granted pursuant to N.J.S.A. 40:55D- 70(c)(1) and (c)(2).

N.J.S.A. 40:55D-70(c)(1) Positive Criteria: As to the positive criteria for the subsection (c)(1) relief, the Applicant contends that there are physical features uniquely affecting this Property, namely its location such that it has frontage on three (3) different streets. Given the location of the Property, it is difficult, if not impossible, for the Applicant to comply with the minimum required setbacks. As to the lot coverage, the Property currently has an existing non-conforming lot coverage of 99%. The Applicant is reducing the lot coverage to 97%. This is a pre-existing non-conforming condition that is being improved. In addition to reducing the coverage, the Applicant is also proposing multiple rain gardens to address stormwater management requirements. The rain gardens are both functional and attractive and will certainly improve the appearance of the Property. As to the loading spaces, the location of the Property also makes it difficult to provide two conforming loading spaces that will be functional without impacting onsite traffic circulation or parking. Here, the Applicant is providing one permanent loading space at the rear of the building and one temporary space along Main Street. N.J.S.A. 40:55D-70(c)(2) Positive Criteria: As to the positive criteria for the subsection (c)(2) relief, the Applicant contends that granting the requested relief would advance the purposes of the Municipal Land Use Law and the benefits of granting the requested relief substantially outweigh any detriment associated therewith. In this regard, allowing for the deviations from the Ordinance will allow the Applicant to provide a modern, sustainable, supermarket that will benefit the entire community by providing necessary services and products to residents. Specifically, the Applicant contends that granting the requested relief will advance purposes (a), (c), (g), and (i) in that it will encourage the appropriate use or development of all lands, ina manner which will promote the public health, safety, morals, and general welfare; provide adequate light, air and open space; provide sufficient space in appropriate locations for a variety of commercial uses in order to meet the needs of citizens; and promotes a desirable visual environment through creative development techniques and good civic design and arrangement. The benefits of granting the requested relief

to meet the needs of citizens; and promotes a desirable visual environment through creative development techniques and good civic design and arrangement. The benefits of granting the requested relief include the construction of an aesthetically pleasing, modern supermarket. The Applicant contends that the magnitude of the requested relief is modest and notes that two of the non-conforming conditions are pre- existing non-conforming conditions that are either not being exacerbated or are being improved by the proposal. Here, the rear-yard setback is, and will remain, 2’11”. The lot coverage will be reduced from 99% to 97%. While only one loading space is onsite, the 3

proposal complies with the intent of the Ordinance by providing an additional temporary loading space. As to the requested parking variance, the Applicant notes that its parking calculation was based on including both the first and second floors of the building notwithstanding that the second floor will not be accessible to members of the public. If the Applicant were to only consider the first floor, the parking requirement would be 13,934- 1,000 sf = 12,934/300 = 43 spaces. Here, the Applicant is proposing 61 parking spaces which would satisfy the parking requirements for the Zone. N.J.S.A. 40:55D-70(c)(1) and (c)(2) Negative Criteria: As to the negative criteria, the Applicant contends that it can demonstrate that granting the requested relief will not result in substantial detriment to the public good or substantial impairment of the Master Plan or Zoning Ordinance. As to the “substantial detriment” prong of the negative criteria, the Applicant contends that the proposal will not have a detrimental impact on the neighborhood because the proposal constitutes a creative and sustainable reuse of an existing underperforming property. The Applicant notes that traffic associated with the proposed market will be similar in scale and impact to the prior pharmacy and diner uses on the property. As to the “substantial impairment” prong of the negative criteria, the Applicant contends that it can demonstrate that granting the requested relief will not result in substantial impairment of the Master Plan or Zoning Ordinance. In this regard, the Applicant notes that the use is specifically permitted in the B-1 Zone. Moreover, as a permitted use in the CBD, less off-street parking is required due to the greater walkability to the site and expectation of reduced automobile traffic. The proposal complies with almost all of the Ordinance requirements. Additionally, some of the goals of the 2019 Master Plan Re-Examination include providing sufficient space for balance growth and development; promoting a desirable visual environment; encouraging the development, redevelopment, rehabilitation of the Main Street Central Business District and Downtown Redevelopment Area; and promoting the conservation of energy. Again, the proposed improvements are modern and attractive and will provide necessary services and goods to residents of the Township. Overall, the Applicant

and promoting the conservation of energy. Again, the proposed improvements are modern and attractive and will provide necessary services and goods to residents of the Township. Overall, the Applicant contends that granting the requested relief will not result in substantial detriment to the public good or substantial impairment of the Master Plan and Zoning Ordinance. For the reasons set for above, the Applicant contends that it will demonstrate an entitlement to the requested relief pursuant to both N.J.S.A. 40:55D-70(c)(1) and (c)(2). > Amanda C. Wolfe, Esq. Counsel for the Applicant

H Hudson Engineering, LLC. U 25 W 8th Street, Ste B D HE Bayonne, NJ. 07002 s (201) 589-0906 O° info@hudsoneng.com ENGINEERING www.hudsoneng.com 9/17/2025 Geniece Gary-Adams Director Planning & Development/Zoning Official 66 Main Street West Orange, NJ 07052 RE: 262-270 Main St Waiver Request Dear Geniece Gary-Adams. Hudson Engineering, LLC (HE) is submitting this letter on behalf of 262 Main Street Realty LLC, in reference to the property located at 262-270 Main St West Orange, NJ,07052 (Block: 114 Lot: 50) (“Project Site”). We respectfully request the Board’s consideration of waivers from the following submission requirements: ¢ — Item 25: Requested or obtained design waivers or exceptions. ¢ Item 31: Existing and proposed contour intervals based on U.G.S & G.S datum. Contours to extend at least 200° beyond subject property. ¢ — Item 34: Drainage Area Map. © — Item 35: Drainage Calculations. e — Item 41: Road and paving cross-sections and profiles © — [tem 42: Proposed street names. ‘The proposed improvements are primarily confined within the limits of the subject property, with only minor work extending into the public right-of-way. Given the limited scope and nature of the work, it is our professional opinion that there will be no impact on surrounding properties within 200 feet. As such, detailed contour mapping beyond the property boundary is not warranted. The site is currently fully developed and predominantly impervious. The proposed redevelopment reduces impervious coverage through the incorporation of bioretention gardens and modified parking lot grading. These sustainable design features are expected to decrease both the volume and rate of stormwater runoff compared to existing conditions. Therefore, we believe that formal drainage area mapping and calculations are not required under the circumstances. The application does not involve the construction of any new roads. All improvements are limited to existing access points and internal circulation. Consequently, the submission of road cross-sections, profiles, and proposed street names is not applicable to this application. We respectfully request that the Board grant waivers for the items listed above. as they are not applicable to the scope of the proposed project. We believe that the request is in full alignment with both the intent and letter of the applicable ordinance

or the items listed above. as they are not applicable to the scope of the proposed project. We believe that the request is in full alignment with both the intent and letter of the applicable ordinance requirements, Sincerely, HUDSON ENGINEERING, LLC Jordan Cecinini, PE Principal Engineer i Project #: JMAO2P003

TOWNSHIP OF WEST ORANGE 262-270 Main Street APPLICANT: ALL DOCUMENTS MUS" E PREPARED, . ee NED AND SEALED BY NEW JERSEY Major Application } 2 NSED PROFESSIONAL. g g B < a le | oa Minor Apj in General Subdivision i q 5” Development a Item Number Description Subdivision Preliminary Prel Final x , x «| x |x |X% x x x x x x x x x x x x x x x x x x x x x x x x 53 x x Es x x x x |X x x x x x x |X x x x x x |X x x x mentation as specified by Map Filing: x Monumentation required only for final x x roperty survey. ig Law say rw x x x x x x x

'S MUST BE PREPARED, LED BY NEW JERSEY OFESSIONAL, ALL DOCUME SIGNED AND Pre-Application - Concept Plan Major Application Minor Application General Subdivision Site Plan Item Number Description Subdivision Development Plan Final Pred Final aad WwOo ALaTdVOONI aaisandzy WAV, 12, Heny: One (1) of four (4) standardized sheets 30" x4’ 36", 15" x21", 85" x 13" : Required by Map Filing Law for minor and major subdivisions. x n showing 13, tens: Metes and bounds deseript dimensions, bearings, curve data, length of angen, on streets, 14, Hem: Affidavit of ownership. Comment: Map Filing Law for minor and major subd 15, tem: Acreaye of tract 10 the neirest tenth ofan 19, em 1eS and area of lots in square feet, Hl proposed lot 20, lem: Copy and/or delineation of any existing or proposed deed restrictions or covenants, € ing or proposed easement or lund cated to public use, ~ IX DX EX) X Tx] x] xix Px