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 5 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 and will not substantially impair the intent and purpose of the zone plan. e. The applicant should provide testimony addressing how this particular site was identified for this business, whether there is a need for this type of use in the area. f. The application as proposed will also require several bulk or ‘c’. The applicant must satisfy both the positive and negative criteria for each of these variances as well: 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. g. Several of the variances required are for existing non-conforming conditions that will not be impacted by the application. h. We defer any comment on grading, drainage, utilities, and stormwater management to the Board Engineer. i. The applicant should address the status of any necessary outside agency approvals. Should you have any questions or require any additional information with regard to the above matter, please do not hesitate to contact this office. Sincerely, CME Associates Christopher N. Dochney, PP, AICP Zoning Board Planner