26 04 24 Planning Review Letter 1 rcd4 24 26

"H:\Legacy\Howell-FS1\SEC\West Orange\Zoning Board\115.WRZ0134.V01 - M. Vega Investments, LLC\26-04-03 Engineering and Planning Review Letter #1.docx" April 24, 2026 Our File No. WRZ0134.V01 Page 4 1) §25 Attachment 2:2 Permitted Principal Uses – The storage of materials, or a contractor’s storage yard is not a permitted principal use in the B-1 District. A d-1 use variance is required. 2) §25 Attachment 2:2 Permitted Accessory Uses – Commercial vehicle parking is not a permitted accessory use in the B-2 District, whereas commercial vehicle parking is proposed as an accessory use. 3) §25 Attachment 3:2 Maximum Lot Coverage – The maximum lot coverage is 75%, whereas a lot coverage of 83.4% (8,348 s.f.) is proposed. This is a reduction in lot coverage from the existing condition. 4) §25 Attachment 3:2 Minimum Side Yard Setback – A minimum side yard setback of 6 feet is required, whereas a side yard setback of 2.6 feet is proposed. This is an existing condition. 5) §25 Attachment 3:2 Minimum Rear Yard Setback – A minimum rear yard setback of 30 feet is required, whereas a rear yard setback of 5.2 feet is proposed. This is an existing condition. 6) § 25-15.3(c)(1)(b)(4) Window Sign Area – Permanent window signs are permitted to only occupy 25 percent of the total window area, whereas permanent window signs are proposed to occupy 100 percent of the total window area. 7) § 25-12.1(b) Curbing -- Curbing is required to be at least five feet away from any fence, screening, or structure, whereas curbing is proposed to border the wood fence along the southern edge of the property. 8) §25-12.3(a)(2) Loading Spaces — Any use requiring the receipt of distribution in vehicles of materials or merchandise that is up to 15,000 s.f. of gross floor area is required to have one loading space, whereas there are no loading spaces provided on the site. 6. Planning Comments a. The applicant should discuss the proposed project, addressing the general scale and scope of improvements proposed for the site. b. Testimony should be provided addressing the anticipated operations of the office and material storage area, and storage of vehicles on the site. What types of materials will be stored? c. The application materials indicate that the proposed building will be used for a retail use. It does not appear that any retail sales are proposed for this site. The use appears to be

ll be stored? c. The application materials indicate that the proposed building will be used for a retail use. It does not appear that any retail sales are proposed for this site. The use appears to be a landscaping business operation. The applicant should clarify. d. The application as proposed will require a D-1 use variance for non-compliance with the permitted principal use and accessory use requirements in the B-1 business district. 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