26 02 06 Perez Whittlesey CME Planning Review 1

West Orange Zoning Board February 6, 2026 Re: 66 Whittlesey Avenue Our File No. 115.WRZ0129.V01 Planning Review #1 Page 5 H:\Legacy\Howell-FS1\SEC\West Orange\Zoning Board\115.WRZ0129.V01 - 66 Whittlesey Ave (Perez)\Review Phase\CME & Board Prof Review Reports & Correspondence\26-01-22 Whittlesey - CME Planning Review 1.docx 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. This means that allowing the three-family structure on the site would not substantially negatively impact the character of the community or quality of life for neighborhood residents, and that allowing a three-family dwelling is not directly contradictory to the intent of the Township’s zoning ordinance. The applicant must reconcile the fact that a three-family dwelling is not a permitted use in the district with the purposes behind the regulations permitting only one and two family dwellings. c. The application as proposed will also require a d-6 height variance for non-compliance with the permitted height requirements for uses in the R-T Residential District. For any ‘d’ variance, the applicant has an enhanced burden of proof to show that both the positive and negative criteria can be satisfied. For the d-6 variance, the focus of these proofs though should be on the increase in permitted height. i. Positive Criteria: The applicant must show that there are special reasons to grant the height variance. Special reasons can come from demonstrating undue hardship by: 1. Showing that the height restriction prohibits the use of the property for a conforming structure, or in the alternative that the dimension of the building does not offend the purpose of the height restriction, which primarily focuses on light, air, and density. 2. A particular style of house could promote a harmonious, consistent visual environment while not offending the purpose of the height restriction. 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. 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

the intent and purpose of the zone plan. d. 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: i. Positive Criteria: The applicant must show that either there is an undue hardship (practical difficulty) in strictly conforming to the code that is caused by the unique conditions of the property (c-1 hardship), or that the proposed conditions represent a preferable alternative to conforming to the standards of the code, that the purposes of zoning will be advanced, and that the benefits of the deviation would outweigh any detrimental impacts (c-2 flexible).