Response Letter 3226rcd 3 12 2026

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.