26 03 25 516 Pleasant Valley Way Planning Review 2

One Market Street, Suite 1F Camden, NJ 08102 732.410.2651 www.cmeusa1.com March 26, 2026 West Orange Township – Zoning Board 66 Main Street West Orange, NJ 07052 Re: 127 Mitchell Street, LLC – Planning Review #2 512 and 516 Pleasant Valley Way Block 154.06, Lot 11 and 12 Zone: B-2 General Business Our File No. 115.WRZ0105.V01 Dear Chairman and Board Members: 1. Summary The site consists of two adjacent lots located on Pleasant Valley Way roughly 550 feet south of Eagle Rock Avenue (County Route 611). Lot 11 is an 8,770 square foot (0.20-acre) property located at 516 Pleasant Valley Way and is currently developed with a mixed-use building incorporating a commercial space on the first floor and an apartment on the second floor. Lot 12 is a 7,412 square foot (0.17-acre) lot located at 512 Pleasant Valley Way, and is developed with a single-family home. The applicant proposes to expand the existing mixed use building, demolish the home, and construct a new 22-space parking lot on the site. A D(2) use variance relief is required to permit the expansion of an existing non-conforming use.

West Orange Zoning Board March 26, 2026 Re: 127 Mitchell Street, LLC (516 Pleasant Valley Way) Our File No. 115.WRZ0154.V01 Planning Review #2 Page 2 2. Project and Property Description The subject site is made up of two adjacent properties that are located on Pleasant Valley Way approximately 550 feet south of the intersection with Eagle Rock Avenue, in the northern portion of the Township. The 16,242 square foot (0.37 acre) tract consists of Lot 11 and Lot 12. Lot 11 is a 8,770 square foot (0.20-acre) lot developed with a two-story mixed-use building containing office space on the first floor and an apartment on the second floor. Lot 12 is a 7,412 square foot (0.17- acre) parcel developed with a single-family home and a storage shed in the rear of the lot. Each lot is accessible to Pleasant Valley Way with its own driveway and parking lot towards the rear of the lots. The parking on Lot 11 has approximately 11 parking spaces. Surrounding the site is a mixture of uses, including residential, commercial, civic, educational, and recreational uses. This is our second review of the application. All new comments can be found in bold and italic type. The applicant has submitted revised and supplemental materials in response to comments previously provided by the Township’s Site Plan Review Advisory Board (SPRAB) that indicate the following changes from the initial submission: • The garbage dumpster area has been revised to include details of the enclosure. • The HVAC units are now proposed to be screened by a fence. • Lighting details have been revised to provide adequate illumination along the pedestrian path around the building and parking area. • Supplemental details on utilities and stormwater management have been provided. The applicant is proposing to demolish the existing single-family home on Lot 12 and develop a new parking lot with 21 off-street parking spaces. Access to the parking lot would come from a new 24-foot wide driveway onto Pleasant Valley Way. The applicant also proposes to construct an expansion to the mixed-use building on Lot 11, which will be located behind the existing structure. The building expansion will consist of 1,790 square feet of office space on the lower/cellar level, 1,510 square feet of office space on the ground level, and 2 new residential apartments on the second floor. Both apartments are proposed as multi-level spaces

office space on the lower/cellar level, 1,510 square feet of office space on the ground level, and 2 new residential apartments on the second floor. Both apartments are proposed as multi-level spaces with a bedroom and den space on the second floor, and a bedroom in the attic or third floor of the building. Additional improvements proposed at this time include lighting of the parking lot, landscaping along the street frontage, a garbage enclosure in the rear of the parking lot, and a retaining wall along the southern lot line of the site.

West Orange Zoning Board March 26, 2026 Re: 127 Mitchell Street, LLC (516 Pleasant Valley Way) Our File No. 115.WRZ0154.V01 Planning Review #2 Page 3 3. Zoning Compliance The property is located within the OB-1 (Office Business) district of the Township. Use Requirements The OB-1 (Office Business) district permits office buildings, single-family detached dwellings, water resource storage, government buildings, golf courses and clubhouses, hospitals, farms, nurseries, greenhouses, and similar uses. A mixed-use building consisting of office space and residential apartment dwellings currently exists on the property. Mixed uses, or more than one principal use on a lot is not expressly permitted and apartment dwellings are not permitted in the OB-1 district. A d-1 use variance was previously granted to permit an office and dwelling on the site. This application represents an expansion or amendment to the previous d-1 variance. Bulk Requirements All development in the OB-1 district is subject to the following bulk regulations: OB-1 Zone Bulk Requirements Required / Permitted Existing Proposed Variance Min Lot Area 10,000 sf 8,770 sf (Lot 11) 7,472 (Lot 12) 16,242 sf (0.37 acre) No Min Lot Area 6,000 sf ./ unit 8,121 sf 5,414 sf / unit Yes Lot Width 60 feet 67.49 feet (Lot 11) 57.50 feet (Lot 12) 124.99 feet No Min Front Yard 30 feet 14.4 feet 12.2 feet Yes Min Side Yard 10 feet + 8 feet 15.43 feet 67.84+ 9.05 feet No Min Rear Yard 30 feet 65.15 feet 31.10 feet No Max Bldg Coverage 40% 16.48% (2,676 sf) 20.85% (3,387 sf) No Max Lot Coverage 50% 68.64% (11,149 sf) 68.93% (11,219 sf) Yes Max Building Height 35 feet / 2.5 story 35.67 feet / 2.5 stories 35.67 FT / 2.5 stories Yes Min Buffer Width 20 feet 0 feet +/- 10 feet Yes V = Variance; ENC = Existing Non-Conformity

West Orange Zoning Board March 26, 2026 Re: 127 Mitchell Street, LLC (516 Pleasant Valley Way) Our File No. 115.WRZ0154.V01 Planning Review #2 Page 4 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. The plans have been revised to indicate that 10,682 s.f. of building are in total is proposed. Therefore 10,682 s.f. of open space is required, and 5,047 s.f. of open space is proposed. 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. The plans have been revised to include a fence around the proposed HVAC units. 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 • 25 total parking spaces are required by code • 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. • 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. 4. Variances & Waivers Required It appears that the following conditions are not in compliance with the Township’s land development regulations and may require variance or design waiver relief from the Board to permit the project as proposed: Variances:

West Orange Zoning Board March 26, 2026 Re: 127 Mitchell Street, LLC (516 Pleasant Valley Way) Our File No. 115.WRZ0154.V01 Planning Review #2 Page 5 a. §25-7.1 Attachment 2 Permitted Uses – Mixed uses, as well as apartment dwellings are not expressly permitted in the OB-1 district. This is an expansion of an existing non- conforming use that was previously permitted by use variance. An amendment to the d-1 use variance will be required. b. §25-7.1 Attachment 3 Lot Area per Dwelling Unit – The minimum lot area per dwelling is 6,000 s.f., where a lot area of 16,242 s.f. is proposed for three dwelling units (5,414 s.f. per dwelling unit). As this exceeds the maximum implied density of the district, this requires a d-5 density variance. c. §25-7.1 Attachment 3 Front Yard – The minimum required front yard setback is 30 feet, where 12.2 feet is proposed. d. §25-7.1 Attachment 3 Maximum Height – The maximum permitted building height is 35 feet, where the building expansion will have a height to the peak of the roof of 35’-8”, which matches the height of the existing building. e. §25-11.3b Buffer – A buffer of at least 20 feet in width is required where any non- residential use abuts a residential use or residential zone. The rear of the site abuts residential uses, and a buffer of approximately 7 feet is provided. f. §25-11.6 Open Space – Approximately 9,000 s.f. of open space is required, where less than 5,000 s.f. is proposed. g. §25-11.6 Parking Setback – Parking areas are not permitted in the required front yard, or within 25 feet of the side or rear lot lines. The proposed parking lot will be setback 14.8 feet from the front property line where 30 feet is required, 1.15 feet from the side lot line, and 8.73 feet from the rear property line. h. §25-12.2.b(1) Parking – The minimum required number of parking spaces is 25, where 21 spaces are proposed. It should be noted that a shared parking approach may be utilized. i. §25-14.3 Lighting – A minimum of 0.6 footcandles is required to be maintained along pedestrian walkways, where lighting levels will be as low as 0.1 footcandles in portions of the pedestrian walkway. The lighting plans have been revised to address this. 5. Master Plan Considerations The Township’s Master Plan was last reexamined in December of 2019. The following goals, objectives, principles, and recommendations of the Master Plan may be

dress this. 5. Master Plan Considerations The Township’s Master Plan was last reexamined in December of 2019. The following goals, objectives, principles, and recommendations of the Master Plan may be relevant to this application: • Encourage Appropriate Residential Development

West Orange Zoning Board March 26, 2026 Re: 127 Mitchell Street, LLC (516 Pleasant Valley Way) Our File No. 115.WRZ0154.V01 Planning Review #2 Page 6 • Properly Locate Public, Commercial/Retail, Industrial, Residential and Service Uses • Promote Community Sustainability and Resiliency • Promote a Desirable Visual Environment 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. b. The applicant should clarify whether lot consolidation is proposed as a part of the application. The applicant has indicated that lot consolidation is proposed. 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. 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

lfare 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 plan. 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

West Orange Zoning Board March 26, 2026 Re: 127 Mitchell Street, LLC (516 Pleasant Valley Way) Our File No. 115.WRZ0154.V01 Planning Review #2 Page 7 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. 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. 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. 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 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. i.