PB 25 12 Application

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