Response Letter 3226rcd 3 12 2026

E. LIGHTING COMMENTS 1. In accordance with Section 25-14.1b of the Township Code, the Lighting & Landscape Plan (sheet 7) should be revised to indicate all lighting fixtures will be directed downward and equipped with shielding so as to prevent the direct source of light from being visible from any point beyond the property lines of the premises upon which the light is located. This comment has been addressed, and the lighting notes have been revised to indicate all lighting fixtures will be directed downward and equipped with shielding. In accordance with Section 25-14.3 of the Township Code, the Lighting & Landscape Plan (sheet 7) should be revised to provide a minimum illumination of 0.6 fc within pedestrian walkways and a minimum illumination of 1.5 fc within the parking area. This comment has been addressed, and sheet #7 has been revised to provide a minimum illumination of 0.6 fc within pedestrian walkways and a minimum illumination of 1.5 fe within the parking area Revise the Lighting & Landscape Plan (sheet 7) to indicate proposed lighting timers and hours of operation. This comment has been addressed, and sheet #7 has been revised to indicate proposed lighting timers and hours of operation. Revise the ‘Area light Foundation Detail’ on the Lighting & Landscape Plan (sheet 7) to indicate a concrete strength of 4,500 PSI. This comment has been addressed, and the ‘Area light Foundation Detail’ on sheet #7 has been revised to indicate a concrete strength of 4,500 psi. . Revise the plans to provide the catalog cuts for all proposed light poles and fixtures, for further review. Also, include ordering information for the proposed light pole. This comment has been addressed, and the catalog cuts and ordering information for all proposed light poles and fixtures have been provided. Revise the plans to indicate proposed color and finish for all fixtures and poles. This comment has been addressed, and #2 under the Lighting Notes indicates that all fixtures and poles are to be black.

PLANNING REPORT COMMENTS Open Space Requirements §25-11.6 - Open space is required at a ratio of one square foot of open space for every square foot of building area. Approximately 9,000 square feet of building area is proposed, with less than 5,000 square feet of area on the site that could potentially be considered open space. The precise building floor area should be confirmed. This comment has been addressed, and the precise building floor area is confirmed within the architectural plan set. Utility Screening §25-8.15: Utility Screening. Ground level utilities such as HVAC equipment is required to be screened by landscaping on three sides of the units. The existing air-conditioning units serving the building are located along the southern side of the existing building and are not screened on any of the sides to conceal the box throughout all seasons of the year, and no screening is proposed. This comment has been addressed, and sheet #5 of the site plan indicated that the proposed HVAC units will be screened with fencing. Parking & Loading Off-street parking is required for mixed-use buildings at a minimum of the following: * Office: 1 space for 250 sf of gross floor area = 4,666/250 = 19 spaces required « Apartments: 2 spaces per 2-bedroom apartment x 3 apartments = 6 spaces required e 285 total parking spaces are required by code e 21 parking spaces are proposed. With 2 of those parking spaces proposed to be EV make- ready spaces, the required amount of parking can be reduced by 2, to 23 spaces being required. e A variance will be required for insufficient parking. A shared parking approach may be utilized since housing is included in the mixed-use development, per §25-12.2(a)(3) of the Township Code. No off-street loading is required for residential or office uses. Comment noted

6. Planning Comments a. The applicant should discuss the proposed project, addressing the general scale and scope of improvements proposed for the site. Testimony should be provided addressing the anticipated operations of the office use on the site, including the type of businesses, hours of operation, and number of employees on the site. This comment has been noted, and testimony is to be provided. b. The applicant should clarify whether lot consolidation is proposed as a part of the application. This comment has been noted, and the two lots will be consolidated if the proposed project is to be approved. c. The application as proposed will require an amendment to the previously granted d-1 use variance. Although this is technically an expansion of a non-conforming use and not the establishment of a new use on the site, under the case of Puleio v. North Brunswick, the courts determined that the d-2 variance only applies to uses that predate the adoption of the ordinance that would make them non-conforming, and not for uses that exist but were permitted by the granting of a d-1 use variance. However, as the use variance has already established that mixed uses can be permitted on site in the form of office and residential dwellings, the application of the statutory criteria should be very similar, if not essentially the same as what is necessary for a d-2 expansion of a non-conforming use. This comment has been noted. d. With any ‘d’ variance, the applicant has an enhanced burden of proof to demonstrate that both the positive and negative criteria can be satisfied before the Board can grant a ‘d’ variance: i. Positive Criteria: The applicant must show that there are special reasons to grant the variance. Special reasons can come in one of three forms: 1) that there is an economic inutility in using the property for one of the permitted uses in the district; 2) that the proposed use is considered “inherently beneficial”; or 3) that the proposed use would promote the general welfare by advancing one of the purposes of zoning, and that the site is particularly suited for the use. ii, | Negative Criteria: The applicant must show that the proposed use will not have a substantial detrimental impact on the public good (quality of life for residents or character of the community), and will not substantially impair the intent and purpose of the zone

se will not have a substantial detrimental impact on the public good (quality of life for residents or character of the community), and will not substantially impair the intent and purpose of the zone plan. This comment has been noted, and the applicant is to comply.

e. For expansions of non-conforming uses, the applicant must demonstrate that the site can accommodate the expansion, that the proposed expansion will improve the site conditions, and that with the expansion the site will continue to satisfy the negative criteria. Mixed uses of commercial office and residential apartments have already been permitted by variance on the site. The applicant must demonstrate that the site can reasonably accommodate the additional office space and two additional apartments without having a substantial negative impact on the surrounding community. The Board’s consideration and the applicant's testimony should focus on the expansion and intensification of the use on the site, and not on whether the site is suitable or appropriate for a mix of office and residential uses on the same lot. This comment has been noted, and the applicant is to comply. f. The application as proposed will also require a D-5 density variance for exceeding the implied permitted density requirements for residential uses in the OB-1 Office Business district. For a density variance, similar to the expansion of the non-conforming use, the applicant must demonstrate that the site is suitable for the proposed density and can accommodate the intensity of the use while still satisfying the negative criteria required for ‘d’ variances. This comment has been noted, and the applicant is to comply. g. We note that residential uses are permitted in the district, but only single-family dwellings under the requirements of the R-6 zone. So it appears that the maximum permitted density, as measured by the minimum lot area per dwelling requirements for the district, is based on an assumption that any residences would be single family dwellings rather than apartments. This comment has been noted. h. The application as proposed will also require several bulk or ‘c’ variances. These include the building height, buffering, lack of open space, parking, parking setback, and lighting. The applicant must satisfy the positive and negative criteria: i. Positive Criteria: The applicant must show that either there is an undue hardship (practical difficulty) in conforming to the code (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

de (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). ii. Negative Criteria: The applicant must show that the variance can be granted without substantial detriment to the public good, and without substantially impairing the intent and purpose of the zone plan. This comment has been noted, and the applicant is to comply.

The applicant should confirm that the existing and proposed building expansion are 2.5 stories in height, rather than 3 stories. The Township's definition of a “half story” is: “STORY, HALF — Shall mean an area under a sloping roof with less than 60% but more than 25% of its total floor area having a minimum ceiling height of seven feet six inches and with no portion of the area used for residential living purposes having a minimum ceiling height of less than three feet six inches.” This comment has been addressed, and in the existing building the area of the sloped roof is about 621 SF. The area of the existing dwelling space in the attic is about 318 SF. Therefore, this floor is 51% of the roof. Additionally, the ceiling height in this area is about 7’-6’ with the shortest wall (where it meets the sloped portion of the ceiling) is 4’-0”. In the proposed addition the area of the roof is 2003 SF and the area of the attic space (the combined areas of the upper levels of the two units) is 800 SF. Therefore, this floor is 40% of the roof. Additionally, the typical ceiling height is 8’-0”, with the lowest height at a sloped section being 6’-9.5”. There is a linen closet as well as a boiler closet on that level, but the walls in the back of those closets will be over the 3-6" minimum. In the case of any d-1 or d-2 variance, the bulk standards that have been adopted for the particular district, in this case those of the OB-1 district, were adopted with the intent to apply to those uses that are expressly permitted. When the ordinance was drafted it was not necessarily contemplated that this particular use might be proposed for a site in the OB-1 district. The standards of the OB-1 district are not necessarily intended to apply to a mixed- use building or apartments. In these cases, bulk variances related to specific requirements of the OB-1 district can be considered subsumed within the Board’s consideration of the ‘d’ variance. The Zoning Board can at its reasonable discretion determine appropriate bulk standards such as building setbacks and buffering requirements. This comment has been noted. The applicant should provide testimony addressing the lack of buffering, and any efforts that can be made to enhance the buffer between the site and the adjacent residential uses to the east, where currently only a row of arbor-vitae is proposed. This comment has

ffering, and any efforts that can be made to enhance the buffer between the site and the adjacent residential uses to the east, where currently only a row of arbor-vitae is proposed. This comment has been noted, and the applicant is to comply. The applicant should address the required open space set-aside for the site, and confirm the total proposed building area so that the required open space can be determined. This comment has been noted, and the applicant is to comply. . The applicant should address the screening of the air conditioning units. Will there be any new mechanical equipment outside of or on top of the building expansion? This comment has been addressed, and the sheet #5 of the site plan set has been revised to indicate the air condition units are to be screened. There is not additional mechanical equipment proposed to be on top of the building. . The applicant should clarify whether there will be any differentiation between employee parking for the office uses, and resident parking. This comment has been noted, and the applicant is to comply.

The applicant should address anticipated demand for parking during peak hours, and in evenings. The Township code does permit shared parking as proposed, but there are no provisions in the code that permit a reduction in parking based on potential lack of overlap among the shared users, as can sometimes be the case between residences that typically use parking at night, while office users that require parking during the day. This comment has been noted, and the applicant is to comply. . The applicant should address any green design measures being taken to enhance the sustainability of the project. This comment has been addressed, and the pervious pavement system is considered a form of green infrastructure. The proposed pervious pavement system qualifies as a GI BMP in accordance with the NJDEP Stormwater Management Rules, as it promotes on-site infiltration, groundwater recharge, and stormwater volume reduction consistent with the intent of the GI requirements. . Per §25-13.3.c, where any ‘d’ variance is required, at the discretion of the Zoning Board an environmental impact statement may be required of an application. This comment has been addressed, and an environmental impact statement has been provided. We defer any comment on grading, drainage, utilities, and stormwater management to the Board Engineer. This comment has been noted. The applicant should address the status of any necessary outside agency approvals. This comment has been noted, and the applicant is to comply. Please do not hesitate to contact our office if you should have any questions, Very truly yours, Casey & Keller, Inc. ila ichael Lanzafe “E., P.L.S., & P.P.