Draft 66 Franklin Ave ZB 24 18 Planning Review Memo September 11 2025 rcd 9 19 25

11 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Variances The application requires a D(1) Use Variance where the proposed use is not permitted within the B-1 Retail Business District. As previously discussed within this memorandum, the use is a Contractor’s Storage Yard, and not simply an office space. N.J.S.A. 40:55D-70(d) permits a Board of Adjustment “in particular cases for Special Reasons” to grant a variance to permit “a use or principal structure in a district restricted against such use or principal structure.” This represents the Positive Criteria of the statute. In addition, a showing of the Negative Criteria is necessary to obtain a “d” variance. The Applicant must demonstrate that the proposed variance can be granted “without substantial detriment to the public good and will not substantially impair the intent and the purpose” of the Master Plan and Zoning Ordinance. When considering the granting of a “d” variance, an Applicant must demonstrate that special reasons are satisfied by either showing that the proposed use “inherently serves the public good” or that it promotes the general welfare because the proposed site is particularly suited for that use. It was held in Medici v. B.P.R. Co., 107 NJ 1 (1987) that the only “special reasons” which can be considered are those which promote the general purposes of zoning, as listed in N.J.S.A. 40:55D- 2. The court emphasized in Burbridge v. Mine Hill Twp., 117 NJ 376 (1990), however, that the MLUL includes all the zoning purposes listed in N.J.S.A. 40:55D- 2, not only the promotion of the general welfare. Therefore, each of these listed purposes may support an application for a “d” variance. Further, the application requires a “C” variance for the off-street parking of the associated landscaping vehicles, which are not permitted as an accessory use within the zone. As per §25-12.1g, “Such parking area shall be used solely for the parking of passenger automobiles and no repair work or service of any kind shall be conducted in the parking lot. No permitted sign shall be larger than two square feet in area.”. The vehicles proposed to be parked and stored by the Applicant do not constitute passenger automobiles. Other Bulk “C” Variance requirements provided within the table below:

12 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Item Code Required/Permitted Existing Proposed Maximum Lot Coverage §25-7.1 75% (7,500 sq. ft.) 85.2% 83.4%* Permanent Window Signs §25-15.3 C.1(B)(4) May not exceed 25% of window area Not provided 100% Curbing §25-12.1B Not less than 5 ft from any fence, screening or structure 0.0 ft 0.0 ft. Minimum Driveway Width §25- 1.2H(6) All driveways for two-way traffic shall be a minimum of 24 feet wide Not provided 20 ft. *This is a reduction in existing lot coverage but does not comply. Additional Planning Comments: 1. While in compliance, some of the bulk requirements listed in the Land Use and Zoning Table on Sheet C-4 of the plans do not apply as the proposed use is not a residence. The Applicant shall revise the plans accordingly. 2. This application requires a Site Plan Review Advisory Board Meeting. 3. The Sustainability Checklist indicates a number of proposed plantings that are not listed on the Township’s Preferred Tree Planting List. The Applicant shall have a qualified expert testify to the species proposed to be planted and whether the are native to the area to the satisfaction of the Board. 4. The Applicant demonstrates the ability for an F-550 with trailer to turn within the existing lot and park in the parking space second closest to the building. We observe the front edge of the vehicle almost reaches the curbline along the southern edge of the property. We recommend the Applicant demonstrate the same ability to make similar turning movements into the other proposed spaces onsite. 5. The Applicant has provided information that the length of the F-550s are 15 in length and the landscape trailers are 18 feet in length, plus any distance between the two vehicles. The depth of the parking space for the trucks with landscaping vehicles is shown as 30 feet in depth, which appears to indicate both the truck and trail will not fit within the designated space.

13 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 6. The Applicant states that only 5 F-550 trucks will be parked on site, though recent aerial imagery (Figure 1) indicates up to 10 vehicles parked on site. Where will the other vehicles be stored? 7. Figure 8 shows snowplow blades stored at 56 Franklin Ave. Will these blades be properly stored on the proposed site? Or offsite. We note this is not a permitted accessory use within the R-T zone. The Applicant should show on the plans where on its site these snowplow blades should be stored. Conclusions The above comments are based on the review of the materials submitted to date. Nishuane Group reserves the right to provide new or updated comments as additional information becomes available. Further, this report should be cross- referenced with the Board Engineer’s Review Letter and other Municipal Reviews. Should you have any questions, please do not hesitate to contact me. Respectfully submitted, George Wheatle Williams, PP, AICP Principal, Nishuane Group, LLC. Erik DeLine, PP, AICP, LEED AP Associate, Nishuane Group, LLC