Zoning Board Regular Meeting Agenda 4-10-2024 41024.PDF Hearing Documents 4-10-2024 621 THOMAS BOULEVARD PLANNERS RPT.PDF 627 THOMAS BLVD LINK FOR PLANS.PDF 627 THOMAS BOULEVARD PLANNERS RPT.PDF 41024.PDF 617 THOMAS BOULEVARD PLANNERS RPT.PDF 1. Documents: 2. Documents:� ZB Regular Meeting April 10, 2024 1 44 CITY HALL PLAZA, EAST ORANGE, NJ 07018 REGULAR MEETING VIA ZOOM at 7:30 p.m. Wednesday, April 10, 2024 Please click the link below to join virtually: https://us06web.zoom.us/j/89392572546?pwd=z46-59A7H2AVQDvCYEYy18Few5- Ntw.JJ8vkJ8hCUbkbLEU Passcode: 045761 Join our meeting by phone: (305) 224-1968 or ( 309) 205-3325 Webinar ID: 893 9257 2546 Passcode: 045761 AGENDA The Chairman Reserves the Right to Revise the Order Of The Agenda As Needed I. CALL TO ORDER A. Reading of the Sunshine Law B. Roll Call C. Determination of a Quorum II. MEMORIALIZATION OF MINUTES OF FEBRUARY, 2024 Commissioners eligible to vote: Athill, Green, Harrison, Jones, Kelly, McClinton Watson, Hudson. MEMORIALIZATION OF MINUTES OF MARCH, 2024 Commissioners eligible to vote: Athill, Green, Harrison, Jones, Kelly, McClinton Watson, Hudson. EAST ORANGE ZONING BOARD OF ADJUSTMENT TED R. GREEN, MAYOR Jennifer Hudson, Chairperson Lloyd A. Raheem, Acting Planning Director FAX: (862) 930-7804 PHONE: (973) 266-5486 Shirley McClinton-Watson, Vice-Chairperson Janis Nelson Land Use Administrator� ZB Regular Meeting April 10, 2024 2 III. MEMORIALIATION OF RESOLUTIONS NONE IV. CALENDAR OF OLD BUSINESS NONE V. CALENDAR OF NEW BUSINESS 1. ZB 799-23 (Certified Complete: 3/28/24; Expiration 4/15/24) APPLICANT: Harsh Realty, LLC PROPERTY ADDRESS: 617 Thomas Boulevard (Block 891, Lot 4.01) PRESENTER: Elnardo Webster, II, Esq. PROJECT DESCRIPTION: In accordance with Chapter 51, the applicant seeks major preliminary and final site plan, use and bulk variances approval to construct a 3 family house located in a R2-zone where the use is not permitted. Presentation • The Applicant and his/her witnesses • Other Testimony Regarding the Application (Public Comment for/against proposal) • Testimony of Objectors; Cross-Examination of expert witnesses. 2. ZB (Certified Complete: 3/28/24; Expiration 4/15/24) APPLICANT: Harsh Realty, LLC PROPERTY ADDRESS: 621 Thomas Boulevard (Block 891, Lot 4.02) PRESENTER: Elnardo Webster, II, Esq. PROJECT DESCRIPTION: In accordance with Chapter 51, the applicant seeks major preliminary and final site plan, use and bulk variances approval to construct a three-family house located in a R2-zone where the use is not permitted. Presentation • The Applicant and his/her witnesses • Other Testimony Regarding the Application (Public Comment for/against proposal) • Testimony of Objectors; Cross-Examination of expert witnesses. 3. ZB (Certified Complete: 3/28/24; Expiration 4/15/24) APPLICANT: Harsh Realty, LLC PROPERTY ADDRESS: 627 Thomas Boulevard (Block 891, Lot 4.03) PRESENTER: Elnardo Webster, II, Esq. PROJECT DESCRIPTION: In accordance with Chapter 51, the applicant seeks major preliminary and final site plan, use and bulk variances approval to construct a three-family house located in a R2-zone where the use is not permitted.� ZB Regular Meeting April 10, 2024 3 Presentation • The Applicant and his/her witnesses • Other Testimony Regarding the Application (Public Comment for/against proposal) • Testimony of Objectors; Cross-Examination of expert witnesses. VI. REPORTS OF OFFICERS VII. OTHER BUSINESS NONE VIII. COMMUNICATIONS AND CORRESPONDENCE The next Board of Adjustment meeting is scheduled for Wednesday, May 8, 2024, at 7:30 pm via ZOOM. IX. ADJOURNMENT� Memorandum 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com TO: City of East Orange Zoning Board of Adjustment FROM: John Barree, PP, AICP, LEED-Green Associate Megan Adam, Associate Planner RE: Harsh Realty, LLC 621 Thomas Boulevard Block 891, Lot 4.02 D-1 Use Variance Application, Preliminary and Final Major Site Plan Application DATE: March 3, 2024 As requested, we have reviewed the following application materials: • City of East Orange Land Use Application and Checklist, dated November 30, 2023 and filed on December 15, 2023, including the following schedules: o Schedule A: Metes and Bounds Description for Lot 4.03 in Block 891 in the City of East Orange; o Schedule B: Metes and Bounds Description for Lot 8.03 in Block 103 in the City of Orange Township; o Schedule C: City of East Orange Planning Board Resolution Case #784-22 for Minor Subdivision Approval of Block 891, Lot 4, adopted on January 4, 2023; and o Schedule D: City of Orange Township Zoning Permit #ZP-23-00099 for Minor Subdivision Approval of Block 103, Lot 8, approved on April 28, 2023. • Boundary and Topographic Survey prepared by Herbert G. McDonald Associates, Inc., dated July 19, 2023, and revised through January 8, 2024; • 8-sheet set of engineering plans entitled, “New Three Family House” for Lot 4.02 in Block 891, prepared by Development Engineering LLC., dated August 29, 2023, and revised through January 30, 2024; • 2-sheet set of architectural plans for Lot 4.03 in Block 891, prepared by CreArc LLC., dated September 6, 2023; • Certified Property Owner List (200-foot radius) for Block 891, Lots 4.01, 4.02, and 4.03 in the City of East Orange, prepared by the City of East Orange Division of Comprehensive Planning and Land Use, and dated January 30, 2024; and • Certified Property Owner List (200-foot radius) for Block 891, Lots 4.01, 4.02, and 4.03 in the City of East Orange, prepared by the City of Orange Township Tax Assessor, and January 30, 2024. � Memorandum Page 2 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Property Description The subject property is located at 621 Thomas Boulevard (Block 891, Lot 4.02) within the R-2 Two-Family Residential, Townhouse District of the City. This lot is currently vacant and includes area within both the City of East Orange (“East Orange” or the “City”) (5,671.7 square feet) and the City of Orange Township (“Orange”) (468.7 square feet). The total lot area amounts to 6,140.4 square feet (0.14 acres), with approximately 61.1 feet of frontage along Thomas Boulevard. The subject property is bordered to the north and south by two vacant lots (i.e., Lots 4.01 and 4.03), and chain link fencing currently abuts its eastern property line/ sidewalk frontage. A concrete retaining wall spans divides the subject property from the neighboring lots to the west within Orange. A series of trees exist throughout, with diameters ranging between 12” and 48”. The subject property is located in the northwestern corner of East Orange (Ward 1), directly on the border of Orange, and one block from the City’s border with both Glen Ridge Borough and Montclair Township. This section of East Orange is characterized by two-family residences and townhouses, with occasional places of worship and commercial establishments. Within this residential cluster is a neighborhood commercial district, located between Park Street and Girard Avenue. This district includes a headquarters for the PSE&G gas company. Overview of Past Subdivision Approval Resolution case #PB 784-22 from the City of East Orange Planning Board, adopted on January 4, 2023, approved the subdivision of the former 18,109 square foot Lot 4 into three (3) new lots: Lot 4.01 (617 Thomas Boulevard), Lot 4.02 (621 Thomas Boulevard), and Lot 4.03 (redefined 627 Thomas Boulevard). Subsequently, zoning approval was granted by the East Orange Zoning Officer on April 23, 2023. The chart below outlines the approved subdivision and establishment of Lots 4.01, 4.02, and 4.03. Approved Minor Subdivision (PB #784-22 (East Orange) and ZP-23-00099(Orange)) Approved Lot 4.03 Approved Lot 4.02 Approved Lot 4.01 Area within the City of East Orange 5,211.9 square feet 5,671.7 square feet 5,768.2 square feet Area within the City of Orange Township 425.8 square feet (a/k/a Lot 8.03 in Block 103) 468.7 square feet (a/k/a Lot 8.02 in Block 103) 563.5 square feet (a/k/a Lot 8.01 in Block 103) Total Lot Area 5,637.7 square feet 6,140.4 square feet 6,331.7 square feet� Memorandum Page 3 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Aerial Map of Subject Property� Memorandum Page 4 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Project Proposal The applicant is proposing to construct one (1) three-story, three-family residential building on the property, along with various site and landscaping improvements. On-site parking is proposed for each of the three dwelling units and will be provided within a garage and open-space parking area. Site Circulation / Parking With the construction of a new sidewalk and curb at the property frontage, the primary entrance for both pedestrians and vehicles will be maintained from Thomas Boulevard. A new shared 2-way, 10-foot-wide driveway is proposed for residents at the northeastern corner of the subject property. This driveway leads to an open-space parking area, constructed of grass pavers. This area is to accommodate two cars, parked in tandem. Adjacent to this driveway and parking area is a paved pedestrian walkway from the Thomas Boulevard sidewalk. Across the walkway leads to another vehicular driveway and the residential building’s 2-car garage. The main entrance to the building is accessed along the walkway from Thomas Boulevard; this common entryway offers access to all three residential levels and to the rooftop. Floor Plans The three-family residential building will be constructed with an individual dwelling unit at each level. The ground-floor apartment will measure 948 square feet in area and include two (2) bedrooms and one (1) full bathroom. This apartment also includes an open concept kitchen, dining room, and living room. Storage closets will be provided throughout, and access to the back yard is provided through a sliding glass door in the living room. The second and third floors of the proposed residential building will each include one (1) three-bedroom and three-bathroom apartment unit, measuring 1,458 square feet. These units will contain the same amenities as the ground-floor apartment and will include HVAC units within their living space. Further, the proposed three-family residential building will include a rooftop deck, which is accessed by the communal staircase. Elevations The proposed three-family residential building will be faced with plank siding and include a masonry block foundation. The building’s façade around the main entryway and communal staircase will be faced with a combination of stone and shingling. A similar shingle material will be applied to the roof. Landscaping and Screening The planting schedule for the new construction includes one (1) Green Vase Zelkova planted along the sidewalk and two (2) Common Boxwoods located within the rear yard. The Green Vase Zelkova is to be � Memorandum Page 5 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com branched at 7 feet and will include a minimum caliper of 3 ½” caliper. The Common Boxwoods are to be branched at 3 feet. The proposal also includes two types of fencing: a 5-foot-tall privacy fence and 3-foot￾tall wrought iron fence. The privacy fence is to be placed around the perimeter of the property, adjacent to the residential building. The wrought iron fence will be placed along the sidewalk and driveway areas. Along the building’s western exterior wall, a total of three (3) HVAC compressors will be placed and enclosed within an iron gate. The building’s garbage storage cans will also be placed along this exterior wall. The cans will be screened by a 4-foot-tall vinyl fence and gate. It is also noted that the building tenants will be responsible for bringing the garbage out to the curb on regular collection days. Lighting A total of three (3) different lighting fixtures are proposed for the subject property. These include a total of three (3) wall-mounted light sconces for both parking areas and the rear yard, two (2) LED wall-mounted cylindrical outdoor lights along the building’s southern façade, and two (2) down-cast lightning fixtures at the building’s main entrance and along the northern façade. The sconces will be mounted to a height of 12 feet, and the cylindrical and down-cast fixtures will be mounted to a height of 8 feet. The minimum illumination of all the fixtures is 0.5 footcandles (fc), and the maximum illumination is 2.5 fc. Zoning The subject property is located in the R-2 Two-Family Residential, Townhouse District of the City where three-family dwellings are not a permitted use. Therefore, a ‘d-1’ use variance is required. The chart below outlines the bulk standards for the proposed site. Bulk Standards R-2 District Bulk Standards for Non-Attached Dwellings (§51-93) Required Proposed Compliance Minimum Lot Area 3,500 square feet 6,140.4 square feet /0.14 acres Complies. Minimum Lot Width 30 feet >30 feet Complies.* Minimum Lot Depth 95 feet 183.8 feet Complies. Minimum Front Yard Setback (§51-87) Must match setback from existing dwelling at 631 Thomas Boulevard* = Unclear 20’-3” Applicant to provide further testimony. Minimum Side Yard Setback 3 feet 3 feet Complies. Minimum Rear Yard Setback 25% of lot depth, but not to exceed 45 feet = 45 feet 76’-2” Complies. Maximum Lot Coverage 50% or 3,070.2 square feet +/-27.2% Complies. Maximum Building Height 35 feet / 3 stories 33 feet / 3 stories Complies. � Memorandum Page 6 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Maximum Density 34 dwellings/acre or 4 dwelling units/0.14 acres 3 dwelling units/0.14 acres Complies. *The applicant identified a lot width variance; however, the City Ordinance measures lot width at the building line. The lot width at the proposed building line is approximately 54 feet. The lot width at the rear line is 16.5 feet, but relief is not required. **Per §51-87, the minimum front yard setback must match the shorter front setback of the two closest principal buildings on each side of the project site on the same block frontage. Based on the existing conditions of the block, the dwelling must match the front yard setback of the existing 2 ½ -story frame dwelling at 631 Thomas Boulevard. ENC = Existing Non-Conformance V = Variance Relief Required Off-Street Parking and Loading Requirements Off-Street Parking & Loading Required Proposed Compliance Location of off-street parking and driveways (§51-151) Except for driveways to the extent required for ingress and egress, areas utilized for parking and loading space shall be positioned in the rear yard or side yard of any site. Complies, per Site Plan on Sheet S-2. Complies. Parking in the front yard area of any site is prohibited. Driveway Positioning (§51-151) Driveways for two adjacent properties can be paired close together with a maximum distance of 7 feet between each driveway in the pair, but such pairs shall be a minimum of 18 feet away from another driveway or driveway pair. The spacing between each driveway pair is unclear. Applicant to provide further testimony. Pedestrian Walks within Parking Areas (§51-192) There shall be a paved pedestrian walk from any doorway of any building to the immediately adjacent driveway or parking area, which pedestrian walk shall be at least 4 feet in width and raised at least 4 inches above the level of the driveway or parking area. The proposed pathway width and construction details are unclear. Applicant to provide further testimony. Minimum Number of Off￾Street Parking Spaces (§51-164) 0.5 spaces per bedroom in a dwelling unit (minimum of 1 space per dwelling unit): Ground floor dwelling unit: 2 bedrooms x 0.5 spaces/bedroom = 1 parking space + Second & Third floor dwelling unit: 3 bedrooms x 0.5 spaces/bedroom = 3 parking spaces = 4 parking spaces total 4 parking spaces Complies. NJ Residential Site Improvement Standards (RSIS) Parking Requirements Detached Three-Family Housing Unit: Maximum Parking Requirements • 1.5 parking spaces per 2-bedroom unit: 1 unit x 1.5 spaces/unit = 1.5 spaces = 1 space (^) • 2.0 spaces per 3-bedroom: 2 units x 2.0 spaces/unit = 4 spaces • A maximum of 5 spaces are permitted. � Memorandum Page 7 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com (^) When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of one-half or less may be disregarded. The applicant is proposing 4 on-site parking spaces, and therefore does not exceed the 5-space maximum established by the RSIS. Design Standards Design Standards Required Proposed Compliance Driveways (§51-186) Driveway Location Where practicable, no part of any driveway entrance or exit to a public street shall be closer than 50 feet to the right-of-way line of any intersecting street. Where the frontage of the lot is too narrow to permit the above distance, the driveway shall be located as far from the intersection as possible but in no case any closer than 25 feet from a public pedestrian crosswalk. Complies, per the Signal and Marking Plan on Sheet S-5. Complies. Number of Driveways The number of driveways provided from a site directly to any one street shall not exceed one driveway for a lot frontage of 100 feet or less = 1 driveway 1 driveway Complies. Maximum Driveway Width Two-way driveway: 10 feet 10 feet Complies. Lighting (§51-189) Extent of Lighting Fixtures Lighting for safety shall be provided at intersections, at entryways, between buildings and in parking areas. Complies per lighting plan on Sheet S-2. Complies. Illumination Levels Illumination levels at the property line shall not be more than 0.5 footcandle at any point when the project is located next to any residentially zoned property. < 0.5 footcandles Complies. Driveway/Walkway Illumination Maximum: Three-family residential uses shall have a maximum illumination level of 3 footcandles at the driveway or walkway. A maximum of 2.5 footcandles is proposed. Complies. Minimum: Pedestrian walkways shall have an illumination level ranging between a minimum of 0.5 footcandle and a maximum of 2.5 footcandles. < 0.5 footcandles is proposed along the walkway from the Thomas Boulevard sidewalk. (W) Does not comply. A design waiver is required. � Memorandum Page 8 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Landscaping (§51-193) Residential Landscaping Standards In the front and side yard, four shrubs with a minimum height of 36 inches at the time of planting must be planted for every 10 linear feet of foundation along the portion of the building facing a public or private street. The linear foot measurement shall be determined by rounding up or down to the nearest 10. =12 shrubs required along the Thomas Boulevard façade. No plantings are proposed along the Thomas Boulevard façade. (W) Does not comply. A design waiver is required. Planting Specifications All trees shall have a minimum caliper of three inches 3 ½” minimum caliper. Complies. Required On-Site Trees For lots between 2,000 and 9,000 square feet in area, a minimum number of 4 trees are to be planted. 1 tree is proposed along the property’s sidewalk. (W) Does not comply. A design waiver is required. W = Design Waiver Required Variances Required A review of the application indicates that the property requires the following variances: 1. D-1 Use Variance – Three-family dwelling units are not permitted in the R-2 District, in which the entire subject property is located. Therefore, a d-1 use variance is required. Design Waivers Required A review of the application indicates that the property requires the following design waivers: 1. Insufficient Walkway Illumination (§51-189) – The minimum illumination required for pedestrian walkways is 0.5 footcandles, where less than 0.5 footcandles is proposed along the main entrance walkway from Thomas Boulevard. 2. Insufficient Residential Landscaping Standards (§51-193) – Where a total of 12 shrubs are required to be planted along the building’s Thomas Boulevard façade, no plantings are proposed. 3. Insufficient On-Site Trees (§51-193) – Where a total of 4 trees are required to be planted throughout the subject property, only 1 tree is proposed. Planning Comments 1. The applicant requires a d(1) use variance to permit the construction of an indoor recreation facility within the R-2 Zone, which does not permit three-family dwelling units. The Municipal Land Use � Memorandum Page 9 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Law and case law, particularly the Medici case, have established the standard of proof for granting a d(1) use variance: a. Positive Criteria: The applicant must demonstrate that the site is particularly suited for the proposed use and that special reasons exist for the granting of the variance. These special reasons can be one of the following: i. The proposed use will inherently serve the public good. ii. The owner would suffer undue hardship if compelled to use the property in conformance with the standards of the zone. iii. The proposed use advances the general welfare and the purposes of zoning. b. Negative Criteria: The applicant must demonstrate that the project will not be a substantial detriment to the public good, and that it will not substantially impair the intent and purpose of the zoning plan. General 2. The applicant shall clarify the existing front yard setback of the 2 ½-story frame dwelling on Lot 3 (i.e., 631 Thomas Boulevard), as this setback establishes the minimum required front yard setback for the subject property. Additional variance relief may be required. 3. The applicant shall clarify the spacing between the proposed driveways and all neighboring lots. All spacing shall comply with the driveway positioning standards set forth in §51-151. 4. The applicant shall clarify the width and construction details of the proposed entrance walkway. A minimum width of 4 feet is required, and the walkway shall be raised at least 4 inches above the level of the driveway/parking area. 5. The project description narrative on the site plan cover sheet / Sheet T-1 indicates that each dwelling unit will include 3 bedrooms, where the ground floor dwelling unit only includes 2 bedrooms. The drawings shall be revised accordingly. Existing Site Conditions 6. Sheet T-1 indicates that the project site is located entirely within an “AE” flood zone (i.e., at high risk for its proximity to floodplains). The applicant shall speak to the building’s design and accommodations, with respect to this FEMA designation. a. All proposed fencing shall comply with §150-80.� Memorandum Page 10 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com b. We defer to the Board Engineer for further comments regarding the environmental conditions on site. 7. Will any of the existing landscaping be preserved within the new proposal? Site Circulation 8. The applicant shall provide testimony regarding circulation into and out of the subject property from Thomas Boulevard. a. A parking plan shall be provided for the proposed open-space parking area, which demonstrates a sufficient turning radius. i. Parking in the front yard area of any site is prohibited, per §51-151. What measures will be taken to ensure that parking does not occur in the front yard? b. The applicant shall clarify how the proposed parking spaces will be assigned and/or distributed amongst the tenants. ii. Will access to the garage parking spaces be limited to the ground floor dwelling? Building Design and Operations 9. The architectural floor plans on Sheet A-1 describe sliding glass doors along the Thomas Boulevard façade for the second and third floor, but the doors are not present in the elevations on Sheet S-2. a. Are these levels to include a balcony space? All drawings shall articulate consistent information and be revised as appropriate. 10. The applicant shall specify all proposed building materials and finishes, as this information is not articulated on the elevation drawings. 11. Are any site identifier/address signs proposed for the subject property? All proposed signage shall conform with §51-170I. 12. Who will be responsible for landscaping and grounds upkeep of the subject property? 13. The applicant shall clarify who is able to utilize the building’s rear yard space and rooftop deck. a. Are these spaces exclusive to all residents, one unit, etc.? b. How many occupants can utilize the rooftop deck at one time? � Memorandum Page 11 of 11 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Landscaping and Lighting 14. The Signal and Marking Plan on Sheet S-5 does not incorporate any proposed fencing or gates, while the Site Plan on Sheet S-2 describes both a 5-foot-high privacy fence and a 3-foot-high wrought iron fence. Drawings shall be revised to be consistent across all application materials. 15. A total of four (4) on-site trees are required for the proposal, but only one is proposed. a. Plans shall be revised to indicate the location of the proposed Green Vase Zelkova tree and accommodate the additional required trees. b. Alternatively, a payment to the City Shade Tree Division may be made in lieu of planting. All requests to make contributions in lieu of planting replacement trees in excess of 40% of the required number of replacement or new tree plantings must be approved by the Planning Board or Board of Adjustment. 16. The applicant shall confirm that all proposed lighting fixtures are shielded and downward facing to minimize effects of glare on neighboring properties. 17. The proposed Lighting Plan on Sheet S-2 does not propose lighting fixtures along the pedestrian walkway, which triggered the need for a design waiver. The applicant shall speak to this decision and the feasibility of incorporating walkway lighting. A minimum illumination of 0.5 footcandles is required. Should you have any questions regarding the above memo, please contact our office. Photograph of Property taken 2/28/2024� Please see below link to the application documents and plans for the three applications, 617 Thomas Boulevard, 621 Thomas Boulevard and 627 Thomas Boulevard. https://www.dropbox.com/scl/fo/nla5rbzzem0rugxqcqmac/h?rlkey=kg58r2vih9varoh8ofqbb2q6y&dl=0� Memorandum 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com TO: City of East Orange Zoning Board of Adjustment FROM: John Barree, PP, AICP, LEED-Green Associate Megan Adam, Associate Planner RE: Harsh Realty, LLC 627 Thomas Boulevard Block 891, Lot 4.01 D-1 Use Variance Application, Preliminary and Final Major Site Plan Application DATE: March 3, 2024 As requested, we have reviewed the following application materials: • City of East Orange Land Use Application and Checklist, dated November 30, 2023 and filed on December 15, 2023, including the following schedules: o Schedule A: Metes and Bounds Description for Lot 4.03 in Block 891 in the City of East Orange; o Schedule B: Metes and Bounds Description for Lot 8.03 in Block 103 in the City of Orange Township; o Schedule C: City of East Orange Planning Board Resolution Case #784-22 for Minor Subdivision Approval of Block 891, Lot 4, adopted on January 4, 2023; and o Schedule D: City of Orange Township Zoning Permit #ZP-23-00099 for Minor Subdivision Approval of Block 103, Lot 8, approved on April 28, 2023. • Boundary and Topographic Survey prepared by Herbert G. McDonald Associates, Inc., dated July 19, 2023, and revised through January 8, 2024; • 8-sheet set of engineering plans entitled, “New Three Family House” for Lot 4.02 in Block 891, prepared by Development Engineering LLC., dated August 29, 2023, and revised through January 30, 2024; • 2-sheet set of architectural plans for Lot 4.03 in Block 891, prepared by CreArc LLC., dated September 6, 2023; • Certified Property Owner List (200-foot radius) for Block 891, Lots 4.01, 4.02, and 4.03 in the City of East Orange, prepared by the City of East Orange Division of Comprehensive Planning and Land Use, and dated January 30, 2024; and • Certified Property Owner List (200-foot radius) for Block 891, Lots 4.01, 4.02, and 4.03 in the City of East Orange, prepared by the City of Orange Township Tax Assessor, and January 30, 2024.� Memorandum Page 2 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Property Description The subject property is located at 627 Thomas Boulevard (Block 891, Lot 4.01) within the R-2 Two-Family Residential, Townhouse District of the City. This lot is currently vacant and includes area within both the City of East Orange (“East Orange” or the “City”) (5,768.2 square feet) and the City of Orange Township (“Orange”) (563.5 square feet). The total lot area amounts to 6,331.7 square feet (0.145 acres), with approximately 61.1 feet of frontage along Thomas Boulevard. The undeveloped property includes chain link fencing along its northern, eastern, and western property lines. A concrete retaining wall spans divides the subject property from the neighboring lots to the west within Orange. The remains of a gravel walk span across the property’s northern border, adjacent Lot 3 of Block 891. This neighboring lot includes a 2 ½ -story frame dwelling and various site improvements. The subject property is located in the northwestern corner of East Orange (Ward 1), directly on the border of Orange, and one block from the City’s border with both Glen Ridge Borough and Montclair Township. This section of East Orange is characterized by two-family residences and townhouses, with occasional places of worship and commercial establishments. Within this residential cluster is a neighborhood commercial district, located between Park Street and Girard Avenue. This district includes a headquarters for the PSE&G gas company. Overview of Past Subdivision Approval Resolution case #PB 784-22 from the City of East Orange Planning Board, adopted on January 4, 2023, approved the subdivision of the former 18,109 square foot Lot 4 into three (3) new lots: Lot 4.01 (617 Thomas Boulevard), Lot 4.02 (621 Thomas Boulevard), and Lot 4.03 (redefined 627 Thomas Boulevard). Subsequently, zoning approval was granted by the East Orange Zoning Officer on April 23, 2023. The chart below outlines the approved subdivision and establishment of Lots 4.01, 4.02, and 4.03. Approved Minor Subdivision (PB #784-22 (East Orange) and ZP-23-00099(Orange)) Approved Lot 4.03 Approved Lot 4.02 Approved Lot 4.01 Area within the City of East Orange 5,211.9 square feet 5,671.7 square feet 5,768.2 square feet Area within the City of Orange Township 425.8 square feet (a/k/a Lot 8.03 in Block 103) 468.7 square feet (a/k/a Lot 8.02 in Block 103) 563.5 square feet (a/k/a Lot 8.01 in Block 103) Total Lot Area 5,637.7 square feet 6,140.4 square feet 6,331.7 square feet� Memorandum Page 3 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Aerial Map of Subject Property� Memorandum Page 4 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Project Proposal The applicant is proposing to construct one (1) three-story, three-family residential building on the property, along with various site and landscaping improvements. On-site parking is proposed for each of the three dwelling units and will be provided within a garage and open-space parking area. Site Circulation / Parking With the construction of a new sidewalk at the property frontage, the primary entrance for both pedestrians and vehicles will be maintained from Thomas Boulevard. The existing 11-foot-wide driveway at the northeastern corner of the subject property will be maintained and is proposed to accommodate 2-way traffic. This driveway leads to an open-space parking area, constructed of grass pavers. This area is to accommodate two cars, parked in tandem. Adjacent to this driveway and parking area is a paved pedestrian walkway from the Thomas Boulevard sidewalk. Across the walkway leads to another vehicular driveway and the residential building’s 2-car garage. The main entrance to the building is accessed along the walkway from Thomas Boulevard; this common entryway offers access to all three residential levels and to the rooftop. Floor Plans The three-family residential building will be constructed with an individual dwelling unit at each level. The ground-floor apartment will measure 948 square feet in area and include two (2) bedrooms and one (1) full bathroom. This apartment also includes an open concept kitchen, dining room, and living room. Storage closets will be provided throughout, and access to the back yard is provided through a sliding glass door in the living room. The second and third floors of the proposed residential building will each include one (1) three-bedroom and three-bathroom apartment unit, measuring 1,458 square feet. These units will contain the same amenities as the ground-floor apartment and will include HVAC units within their living space. Further, the proposed three-family residential building will include a rooftop deck, which is accessed by the communal staircase. Elevations The proposed three-family residential building will be faced with plank siding and include a masonry block foundation. The building’s façade around the main entryway and communal staircase will be faced with a combination of stone and shingling. A similar shingle material will be applied to the roof. Landscaping and Screening The planting schedule for the new construction includes one (1) Green Vase Zelkova planted along the sidewalk and two (2) Common Boxwoods located within the rear yard. The Green Vase Zelkova is to be � Memorandum Page 5 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com branched at 7 feet and will include a minimum caliper of 3 ½” caliper. The Common Boxwoods are to be branched at 3 feet. The proposal also includes two types of fencing: a 5-foot-tall privacy fence and 3-foot￾tall wrought iron fence. The privacy fence is to be placed around the perimeter of the property, adjacent to the residential building. The wrought iron fence will be placed along the sidewalk and driveway areas, and include a gate at the driveway entrance. Along the building’s western exterior wall, a total of three (3) HVAC compressors will be placed and enclosed within an iron gate. The building’s garbage storage cans will also be placed along this exterior wall. The cans will be screened by a 4-foot-tall vinyl fence and gate. It is also noted that the building tenants will be responsible for bringing the garbage out to the curb on regular collection days. Lighting A total of three (3) different lighting fixtures are proposed for the subject property. These include a total of three (3) wall-mounted light sconces for both parking areas and the rear yard, two (2) LED wall-mounted cylindrical outdoor lights along the building’s southern façade, and two (2) down-cast lightning fixtures at the building’s main entrance and along the northern façade. The sconces will be mounted to a height of 12 feet, and the cylindrical and down-cast fixtures will be mounted to a height of 8 feet. The minimum illumination of all the fixtures is 0.5 footcandles (fc), and the maximum illumination is 2.5 fc. Zoning The subject property is located in the R-2 Two-Family Residential, Townhouse District of the City where three-family dwellings are not a permitted use. Therefore, a ‘d-1’ use variance is required. The chart below outlines the bulk standards for the proposed site. Bulk Standards R-2 District Bulk Standards for Non-Attached Dwellings (§51-93) Required Proposed Compliance Minimum Lot Area 3,500 square feet 6,331.7 square feet /0.145 acres Complies. Minimum Lot Width 30 feet >30 feet Complies. Minimum Lot Depth 95 feet 199.6 feet Complies. Minimum Front Yard Setback (§51-87) Must match setback from existing dwelling at 631 Thomas Boulevard* = Unclear 19-10” Applicant to provide further testimony. Minimum Side Yard Setback 3 feet 3 feet Complies. Minimum Rear Yard Setback 25% of lot depth, but not to exceed 45 feet = 45 feet 83-9” Complies. Maximum Lot Coverage 50% or 3,165.9 square feet +/- 26.5% Complies.� Memorandum Page 6 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Maximum Building Height 35 feet / 3 stories 33 feet / 3 stories Complies. Maximum Density 34 dwellings/acre or 4 dwelling units/0.145 acres 3 dwelling units/0.14 acres Complies. *The applicant identified a lot width variance; however, the City Ordinance measures lot width at the building line. The lot width at the proposed building line is approximately 57 feet. The lot width at the rear line is 16.88 feet, but relief is not required. **Per §51-87, the minimum front yard setback must match the shorter front setback of the two closest principal buildings on each side of the project site on the same block frontage. Based on the existing conditions of the block, the dwelling must match the front yard setback of the existing 2 ½ -story frame dwelling at 631 Thomas Boulevard. ENC = Existing Non-Conformance V = Variance Relief Required Off-Street Parking and Loading Requirements Off-Street Parking & Loading Required Proposed Compliance Location of off-street parking and driveways (§51-151) Except for driveways to the extent required for ingress and egress, areas utilized for parking and loading space shall be positioned in the rear yard or side yard of any site. Complies, per Site Plan on Sheet S-2. Complies. Parking in the front yard area of any site is prohibited. Driveway Positioning (§51-151) Driveways for two adjacent properties can be paired close together with a maximum distance of 7 feet between each driveway in the pair, but such pairs shall be a minimum of 18 feet away from another driveway or driveway pair. The spacing between each driveway pair is unclear. Applicant to provide further testimony. Pedestrian Walks within Parking Areas (§51-192) There shall be a paved pedestrian walk from any doorway of any building to the immediately adjacent driveway or parking area, which pedestrian walk shall be at least 4 feet in width and raised at least 4 inches above the level of the driveway or parking area. The proposed pathway width and construction details are unclear. Applicant to provide further testimony. Minimum Number of Off￾Street Parking Spaces (§51-164) 0.5 spaces per bedroom in a dwelling unit (minimum of 1 space per dwelling unit): Ground floor dwelling unit: 2 bedrooms x 0.5 spaces/bedroom = 1 parking space + Second & Third floor dwelling unit: 3 bedrooms x 0.5 spaces/bedroom = 3 parking spaces = 4 parking spaces total 4 parking spaces Complies. NJ Residential Site Improvement Standards (RSIS) Parking Requirements Detached Three-Family Housing Unit: Maximum Parking Requirements • 1.5 parking spaces per 2-bedroom unit: 1 unit x 1.5 spaces/unit = 1.5 spaces = 1 space (^) • 2.0 spaces per 3-bedroom: 2 units x 2.0 spaces/unit = 4 spaces • A maximum of 5 spaces are permitted. � Memorandum Page 7 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com (^) When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of one-half or less may be disregarded. The applicant is proposing 4 on-site parking spaces, and therefore does not exceed the 5-space maximum established by the RSIS. Design Standards Design Standards Required Proposed Compliance Driveways (§51-186) Driveway Location Where practicable, no part of any driveway entrance or exit to a public street shall be closer than 50 feet to the right-of-way line of any intersecting street. Where the frontage of the lot is too narrow to permit the above distance, the driveway shall be located as far from the intersection as possible but in no case any closer than 25 feet from a public pedestrian crosswalk. Complies, per the Signal and Marking Plan on Sheet S-5. Complies. Number of Driveways The number of driveways provided from a site directly to any one street shall not exceed one driveway for a lot frontage of 100 feet or less = 1 driveway 1 driveway Complies. Maximum Driveway Width Two-way driveway: 10 feet 11 feet (W) Does not comply. A design waiver is required. Lighting (§51-189) Extent of Lighting Fixtures Lighting for safety shall be provided at intersections, at entryways, between buildings and in parking areas. Complies per lighting plan on Sheet S-2. Complies. Illumination Levels Illumination levels at the property line shall not be more than 0.5 footcandle at any point when the project is located next to any residentially zoned property. < 0.5 footcandles Complies. Driveway/Walkway Illumination Maximum: Three-family residential uses shall have a maximum illumination level of 3 footcandles at the driveway or walkway. A maximum of 2.5 footcandles is proposed. Complies.� Memorandum Page 8 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Minimum: Pedestrian walkways shall have an illumination level ranging between a minimum of 0.5 footcandle and a maximum of 2.5 footcandles. < 0.5 footcandles is proposed along the walkway from the Thomas Boulevard sidewalk. (W) Does not comply. A design waiver is required. Landscaping (§51-193) Residential Landscaping Standards In the front and side yard, four shrubs with a minimum height of 36 inches at the time of planting must be planted for every 10 linear feet of foundation along the portion of the building facing a public or private street. The linear foot measurement shall be determined by rounding up or down to the nearest 10. =12 shrubs required along the Thomas Boulevard façade. No plantings are proposed along the Thomas Boulevard façade. (W) Does not comply. A design waiver is required. Planting Specifications All trees shall have a minimum caliper of three inches 3 ½” minimum caliper. Complies. Required On-Site Trees For lots between 2,000 and 9,000 square feet in area, a minimum number of 4 trees are to be planted. 1 tree is proposed along the property’s sidewalk. (W) Does not comply. A design waiver is required. W = Design Waiver Required Variances Required A review of the application indicates that the property requires the following variances: 1. D-1 Use Variance – Three-family dwelling units are not permitted in the R-2 District, in which the entire subject property is located. Therefore, a d-1 use variance is required. Design Waivers Required A review of the application indicates that the property requires the following design waivers: 1. Insufficient Walkway Illumination (§51-189) – The minimum illumination required for pedestrian walkways is 0.5 footcandles, where less than 0.5 footcandles is proposed along the main entrance walkway from Thomas Boulevard. 2. Insufficient Residential Landscaping Standards (§51-193) – Where a total of 12 shrubs are required to be planted along the building’s Thomas Boulevard façade, no plantings are proposed. 3. Insufficient On-Site Trees (§51-193) – Where a total of 4 trees are required to be planted throughout the subject property, only 1 tree is proposed. � Memorandum Page 9 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com 4. Exceeding Maximum Permitted Driveway Width (§51-168) – Where a maximum driveway width of 10 feet is permitted, 11 feet is proposed. Planning Comments 1. The applicant requires a d(1) use variance to permit the construction of an indoor recreation facility within the R-2 Zone, which does not permit three-family dwelling units. The Municipal Land Use Law and case law, particularly the Medici case, have established the standard of proof for granting a d(1) use variance: a. Positive Criteria: The applicant must demonstrate that the site is particularly suited for the proposed use and that special reasons exist for the granting of the variance. These special reasons can be one of the following: i. The proposed use will inherently serve the public good. ii. The owner would suffer undue hardship if compelled to use the property in conformance with the standards of the zone. iii. The proposed use advances the general welfare and the purposes of zoning. b. Negative Criteria: The applicant must demonstrate that the project will not be a substantial detriment to the public good, and that it will not substantially impair the intent and purpose of the zoning plan. General 2. The applicant shall clarify the existing front yard setback of the 2 ½-story frame dwelling on Lot 3 (i.e., 631 Thomas Boulevard), as this setback establishes the minimum required front yard setback for the subject property. Additional variance relief may be required. 3. The applicant shall clarify the spacing between the proposed driveways and all neighboring lots. All spacing shall comply with the driveway positioning standards set forth in §51-151. 4. The applicant shall clarify the width and construction details of the proposed entrance walkway. A minimum width of 4 feet is required, and the walkway shall be raised at least 4 inches above the level of the driveway/parking area. 5. The project description narrative on the site plan cover sheet / Sheet T-1 indicates that each dwelling unit will include 3 bedrooms, where the ground floor dwelling unit only includes 2 bedrooms. The drawings shall be revised accordingly. � Memorandum Page 10 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Existing Site Conditions 6. Sheet T-1 indicates that the project site is located entirely within an “AE” flood zone (i.e., at high risk for its proximity to floodplains). The applicant shall speak to the building’s design and accommodations, with respect to this FEMA designation. a. All proposed fencing shall comply with §150-80. b. We defer to the Board Engineer for further comments regarding the environmental conditions on site. 7. Will any of the existing landscaping be preserved within the new proposal? Site Circulation 8. The applicant shall provide testimony regarding circulation into and out of the subject property from Thomas Boulevard. a. A parking plan shall be provided for the proposed open-space parking area, which demonstrates a sufficient turning radius. i. Parking in the front yard area of any site is prohibited, per §51-151. What measures will be taken to ensure that parking does not occur in the front yard? b. The applicant shall clarify how the proposed parking spaces will be assigned and/or distributed amongst the tenants. ii. Will access to the garage parking spaces be limited to the ground floor dwelling? Building Design and Operations 9. The architectural floor plans on Sheet A-1 describe sliding glass doors along the Thomas Boulevard façade for the second and third floor, but the doors are not present in the elevations on Sheet S-2. a. Are these levels to include a balcony space? All drawings shall articulate consistent information and be revised as appropriate. 10. The applicant shall specify all proposed building materials and finishes, as this information is not articulated on the elevation drawings. 11. Are any site identifier/address signs proposed for the subject property? All proposed signage shall conform with §51-170I. 12. Who will be responsible for landscaping and grounds upkeep of the subject property? 13. The applicant shall clarify who is able to utilize the building’s rear yard space and rooftop deck. � Memorandum Page 11 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com a. Are these spaces exclusive to all residents, one unit, etc.? b. How many occupants can utilize the rooftop deck at one time? Landscaping and Lighting 14. The Signal and Marking Plan on Sheet S-5 does not incorporate any proposed fencing or gates, while the Site Plan on Sheet S-2 describes both a 5-foot-high privacy fence and a 3-foot-high wrought iron fence. Drawings shall be revised to be consistent across all application materials. 15. A total of four (4) on-site trees are required for the proposal, but only one is proposed. a. Plans shall be revised to indicate the location of the proposed Green Vase Zelkova tree and accommodate the additional required trees. b. Alternatively, a payment to the City Shade Tree Division may be made in lieu of planting. All requests to make contributions in lieu of planting replacement trees in excess of 40% of the required number of replacement or new tree plantings must be approved by the Planning Board or Board of Adjustment. 16. The applicant shall confirm that all proposed lighting fixtures are shielded and downward facing to minimize effects of glare on neighboring properties. 17. The proposed Lighting Plan on Sheet S-2 does not propose lighting fixtures along the pedestrian walkway, which triggered the need for a design waiver. The applicant shall speak to this decision and the feasibility of incorporating walkway lighting. A minimum illumination of 0.5 footcandles is required. 18. The proposed Fencing Plan on Sheet S-2 describes a gate along the building’s driveway but does not provide any construction details of the gate. The drawings shall be updated with this information. a. Will the gate open automatically, or will it need to be opened manually? b. Will the gate remain open at any point throughout the day or during the night? Should you have any questions regarding the above memo, please contact our office. � Memorandum Page 12 of 12 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Photographs of Property taken 2/28/2024� ZB Regular Meeting April 10, 2024 1 44 CITY HALL PLAZA, EAST ORANGE, NJ 07018 REGULAR MEETING VIA ZOOM at 7:30 p.m. Wednesday, April 10, 2024 Please click the link below to join virtually: https://us06web.zoom.us/j/89392572546?pwd=z46-59A7H2AVQDvCYEYy18Few5- Ntw.JJ8vkJ8hCUbkbLEU Passcode: 045761 Join our meeting by phone: (305) 224-1968 or ( 309) 205-3325 Webinar ID: 893 9257 2546 Passcode: 045761 AGENDA The Chairman Reserves the Right to Revise the Order Of The Agenda As Needed I. CALL TO ORDER A. Reading of the Sunshine Law B. Roll Call C. Determination of a Quorum II. MEMORIALIZATION OF MINUTES OF FEBRUARY, 2024 Commissioners eligible to vote: Athill, Green, Harrison, Jones, Kelly, McClinton Watson, Hudson. MEMORIALIZATION OF MINUTES OF MARCH, 2024 Commissioners eligible to vote: Athill, Green, Harrison, Jones, Kelly, McClinton Watson, Hudson. EAST ORANGE ZONING BOARD OF ADJUSTMENT TED R. GREEN, MAYOR Jennifer Hudson, Chairperson Lloyd A. Raheem, Acting Planning Director FAX: (862) 930-7804 PHONE: (973) 266-5486 Shirley McClinton-Watson, Vice-Chairperson Janis Nelson Land Use Administrator� ZB Regular Meeting April 10, 2024 2 III. MEMORIALIATION OF RESOLUTIONS NONE IV. CALENDAR OF OLD BUSINESS NONE V. CALENDAR OF NEW BUSINESS 1. ZB 799-23 (Certified Complete: 3/28/24; Expiration 4/15/24) APPLICANT: Harsh Realty, LLC PROPERTY ADDRESS: 617 Thomas Boulevard (Block 891, Lot 4.01) PRESENTER: Elnardo Webster, II, Esq. PROJECT DESCRIPTION: In accordance with Chapter 51, the applicant seeks major preliminary and final site plan, use and bulk variances approval to construct a 3 family house located in a R2-zone where the use is not permitted. Presentation • The Applicant and his/her witnesses • Other Testimony Regarding the Application (Public Comment for/against proposal) • Testimony of Objectors; Cross-Examination of expert witnesses. 2. ZB (Certified Complete: 3/28/24; Expiration 4/15/24) APPLICANT: Harsh Realty, LLC PROPERTY ADDRESS: 621 Thomas Boulevard (Block 891, Lot 4.02) PRESENTER: Elnardo Webster, II, Esq. PROJECT DESCRIPTION: In accordance with Chapter 51, the applicant seeks major preliminary and final site plan, use and bulk variances approval to construct a three-family house located in a R2-zone where the use is not permitted. Presentation • The Applicant and his/her witnesses • Other Testimony Regarding the Application (Public Comment for/against proposal) • Testimony of Objectors; Cross-Examination of expert witnesses. 3. ZB (Certified Complete: 3/28/24; Expiration 4/15/24) APPLICANT: Harsh Realty, LLC PROPERTY ADDRESS: 627 Thomas Boulevard (Block 891, Lot 4.03) PRESENTER: Elnardo Webster, II, Esq. PROJECT DESCRIPTION: In accordance with Chapter 51, the applicant seeks major preliminary and final site plan, use and bulk variances approval to construct a three-family house located in a R2-zone where the use is not permitted.� ZB Regular Meeting April 10, 2024 3 Presentation • The Applicant and his/her witnesses • Other Testimony Regarding the Application (Public Comment for/against proposal) • Testimony of Objectors; Cross-Examination of expert witnesses. VI. REPORTS OF OFFICERS VII. OTHER BUSINESS NONE VIII. COMMUNICATIONS AND CORRESPONDENCE The next Board of Adjustment meeting is scheduled for Wednesday, May 8, 2024, at 7:30 pm via ZOOM. IX. ADJOURNMENT� Memorandum 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com TO: City of East Orange Zoning Board of Adjustment FROM: John Barree, PP, AICP, LEED-Green Associate Megan Adam, Associate Planner RE: Harsh Realty, LLC 617 Thomas Boulevard Block 891, Lot 4.03 D-1 Use Variance Application, Preliminary and Final Major Site Plan Application DATE: March 3, 2024 As requested, we have reviewed the following application materials: • City of East Orange Land Use Application and Checklist, dated November 30, 2023 and filed on December 15, 2023, including the following schedules: o Schedule A: Metes and Bounds Description for Lot 4.03 in Block 891 in the City of East Orange; o Schedule B: Metes and Bounds Description for Lot 8.03 in Block 103 in the City of Orange Township; o Schedule C: City of East Orange Planning Board Resolution Case #784-22 for Minor Subdivision Approval of Block 891, Lot 4, adopted on January 4, 2023; and o Schedule D: City of Orange Township Zoning Permit #ZP-23-00099 for Minor Subdivision Approval of Block 103, Lot 8, approved on April 28, 2023. • Boundary and Topographic Survey prepared by Herbert G. McDonald Associates, Inc., dated July 19, 2023, and revised through January 8, 2024; • 8-sheet set of engineering plans entitled, “New Three Family House” for Lot 4.03 in Block 891, prepared by Development Engineering LLC., dated August 29, 2023, and revised through January 30, 2024; • 2-sheet set of architectural plans for Lot 4.03 in Block 891, prepared by CreArc LLC., dated September 6, 2023; • Certified Property Owner List (200-foot radius) for Block 891, Lots 4.01, 4.02, and 4.03 in the City of East Orange, prepared by the City of East Orange Division of Comprehensive Planning and Land Use, and dated January 30, 2024; and • Certified Property Owner List (200-foot radius) for Block 891, Lots 4.01, 4.02, and 4.03 in the City of East Orange, prepared by the City of Orange Township Tax Assessor, and January 30, 2024. � Memorandum Page 2 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Property Description The subject property is located at 617 Thomas Boulevard (Block 891, Lot 4.03) within the R-2 Two-Family Residential, Townhouse District of the City. This lot is currently vacant and includes area within both the City of East Orange (“East Orange” or the “City”) (5,211.9 square feet) and the City of Orange Township (“Orange”) (425.76 square feet). The total lot area amounts to 5,637.7 square feet (0.13 acres), with approximately 61.1 feet of frontage along Thomas Boulevard. Along the property’s sidewalk frontage includes a traffic light and traffic control box. The undeveloped property includes chain link fencing along its southern, eastern, and western property lines. A concrete retaining wall spans divides the subject property from the neighboring lots to the west within Orange. A series of trees exist throughout, and a fire hydrant has been recorded within the eastern portion of the lot. The remains of an asphalt driveway span across the subject property, adjacent to a driveway on Lot 5 of Block 891. This neighboring lot includes a two-story frame dwelling and various site improvements. The subject property is located in the northwestern corner of East Orange (Ward 1), directly on the border of Orange, and one block from the City’s border with both Glen Ridge Borough and Montclair Township. This section of East Orange is characterized by two-family residences and townhouses, with occasional places of worship and commercial establishments. Within this residential cluster is a neighborhood commercial district, located between Park Street and Girard Avenue. This district includes a headquarters for the PSE&G gas company. Overview of Past Subdivision Approval Resolution case #PB 784-22 from the City of East Orange Planning Board, adopted on January 4, 2023, approved the subdivision of the former 18,109 square foot Lot 4 into three (3) new lots: Lot 4.01 (617 Thomas Boulevard), Lot 4.02 (621 Thomas Boulevard), and Lot 4.03 (redefined 627 Thomas Boulevard). Subsequently, zoning approval was granted by the East Orange Zoning Officer on April 23, 2023. The chart below outlines the approved subdivision and establishment of Lots 4.01, 4.02, and 4.03. Approved Minor Subdivision (PB #784-22 (East Orange) and ZP-23-00099(Orange)) Approved Lot 4.03 Approved Lot 4.02 Approved Lot 4.01 Area within the City of East Orange 5,211.9 square feet 5,671.7 square feet 5,768.2 square feet Area within the City of Orange Township 425.8 square feet (a/k/a Lot 8.03 in Block 103) 468.7 square feet (a/k/a Lot 8.02 in Block 103) 563.5 square feet (a/k/a Lot 8.01 in Block 103) Total Lot Area 5,637.7 square feet 6,140.4 square feet 6,331.7 square feet� Memorandum Page 3 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Aerial Map of Subject Property� Memorandum Page 4 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Project Proposal The applicant is proposing to construct one (1) three-story, three-family residential building on the property, along with various site and landscaping improvements. On-site parking is proposed for each of the three dwelling units and will be provided within a garage and open-space parking area. Site Circulation / Parking With the construction of a new sidewalk and curb at the property frontage, the primary entrance for both pedestrians and vehicles will be maintained from Thomas Boulevard. A shared 2-way, 10-foot-wide driveway is proposed for residents at the southeastern corner of the subject property. This driveway leads to a 2-car garage within the ground floor of the building. Adjacent to this paved driveway is a paved pedestrian walkway from the Thomas Boulevard sidewalk. Across the walkway leads to another vehicular driveway and open-space parking area. This parking area is to accommodate an additional two cars, parked in tandem. The main entrance to the building is accessed along the walkway from Thomas Boulevard; this common entryway offers access to all three residential levels and to the rooftop. Floor Plans The three-family residential building will be constructed with an individual dwelling unit at each level. The ground-floor apartment will measure 948 square feet in area and include two (2) bedrooms and one (1) full bathroom. This apartment also includes an open concept kitchen, dining room, and living room. Storage closets will be provided throughout, and access to the back yard is provided through a sliding glass door in the living room. The second and third floors of the proposed residential building will each include one (1) three-bedroom and three-bathroom apartment unit, measuring 1,458 square feet. These units will contain the same amenities as the ground-floor apartment and will include HVAC units within their living space. Further, the proposed three-family residential building will include a rooftop deck, which is accessed by the communal staircase. Elevations The proposed three-family residential building will be faced with plank siding and include a masonry block foundation. The building’s façade around the main entryway and communal staircase will be faced with a combination of stone and shingling. A similar shingle material will be applied to the roof. Landscaping and Screening The planting schedule for the new construction includes one (1) Green Vase Zelkova planted along the sidewalk and two (2) Common Boxwoods located within the rear yard. The Green Vase Zelkova is to be branched at 7 feet and will include a minimum caliper of 3 ½” caliper. The Common Boxwoods are to be � Memorandum Page 5 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com branched at 3 feet. The proposal also includes two types of fencing: a 5-foot-tall privacy fence and 3-foot￾tall wrought iron fence. The privacy fence is to be placed around the perimeter of the property, adjacent to the residential building. The wrought iron fence will be placed along the sidewalk and driveway areas. Along the building’s western exterior wall, a total of three (3) HVAC compressors will be placed and enclosed within an iron gate. The building’s garbage storage cans will also be placed along this exterior wall. The cans will be screened by a 4-foot-tall vinyl fence and gate. It is also noted that the building tenants will be responsible for bringing the garbage out to the curb on regular collection days. Lighting A total of three (3) different lighting fixtures are proposed for the subject property. These include a total of three (3) wall-mounted light sconces for both parking areas and the rear yard, two (2) LED wall-mounted cylindrical outdoor lights along the building’s southern façade, and two (2) down-cast lightning fixtures at the building’s main entrance and along the northern façade. The sconces will be mounted to a height of 12 feet, and the cylindrical and down-cast fixtures will be mounted to a height of 8 feet. The minimum illumination of all the fixtures is 0.5 footcandles (fc), and the maximum illumination is 2.5 fc. Zoning The subject property is located in the R-2 Two-Family Residential, Townhouse District of the City where three-family dwellings are not a permitted use. Therefore, a ‘d-1’ use variance is required. The chart below outlines the bulk standards for the proposed site. Bulk Standards R-2 District Bulk Standards for Non-Attached Dwellings (§51-93) Required Proposed Compliance Minimum Lot Area 3,500 square feet 5,637.7 square feet /0.129 acres Complies. Minimum Lot Width 30 feet >30 feet Complies.* Minimum Lot Depth 95 feet 164.4 feet Complies. Minimum Front Yard Setback (§51-87) Must match setback from existing dwelling at 631 Thomas Boulevard** = Unclear 19’-11” Applicant to provide further testimony. Minimum Side Yard Setback 3 feet 3 feet Complies. Minimum Rear Yard Setback 25% of lot depth, but not to exceed 45 feet = 35.9 feet 62’-6” Complies. Maximum Lot Coverage 50% or 2,818.83 square feet 30% Complies. Maximum Building Height 35 feet / 3 stories 33 feet / 3 stories Complies. Maximum Density 34 dwellings/acre or 4 dwelling units/0.13 acres 3 dwelling units/0.13 acres Complies.� Memorandum Page 6 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com *The applicant identified a lot width variance; however, the City Ordinance measures lot width at the building line. The lot width at the proposed building line is approximately 51 feet. The lot width at the rear line is 16.5 feet, but relief is not required. **Per §51-87, the minimum front yard setback must match the shorter front setback of the two closest principal buildings on each side of the project site on the same block frontage. Based on the existing conditions of the block, the dwelling must match the front yard setback of the existing 2 ½ -story frame dwelling at 631 Thomas Boulevard. ENC = Existing Non-Conformance V = Variance Relief Required Off-Street Parking and Loading Requirements Off-Street Parking & Loading Required Proposed Compliance Location of off-street parking and driveways (§51-151) Except for driveways to the extent required for ingress and egress, areas utilized for parking and loading space shall be positioned in the rear yard or side yard of any site. Complies, per Site Plan on Sheet S-2. Complies. Parking in the front yard area of any site is prohibited. Driveway Positioning (§51-151) Driveways for two adjacent properties can be paired close together with a maximum distance of 7 feet between each driveway in the pair, but such pairs shall be a minimum of 18 feet away from another driveway or driveway pair. The spacing between each driveway pair is unclear. Applicant to provide further testimony. Pedestrian Walks within Parking Areas (§51-192) There shall be a paved pedestrian walk from any doorway of any building to the immediately adjacent driveway or parking area, which pedestrian walk shall be at least 4 feet in width and raised at least 4 inches above the level of the driveway or parking area. The proposed pathway width and construction details are unclear. Applicant to provide further testimony. Minimum Number of Off￾Street Parking Spaces (§51-164) 0.5 spaces per bedroom in a dwelling unit (minimum of 1 space per dwelling unit): Ground floor dwelling unit: 2 bedrooms x 0.5 spaces/bedroom = 1 parking space + Second & Third floor dwelling unit: 3 bedrooms x 0.5 spaces/bedroom = 3 parking spaces = 4 parking spaces total 4 parking spaces Complies. NJ Residential Site Improvement Standards (RSIS) Parking Requirements Detached Three-Family Housing Unit: Maximum Parking Requirements • 1.5 parking spaces per 2-bedroom unit: 1 unit x 1.5 spaces/unit = 1.5 spaces = 1 space (^) • 2.0 spaces per 3-bedroom: 2 units x 2.0 spaces/unit = 4 spaces • A maximum of 5 spaces are permitted. (^) When determination of the required number of parking spaces results in a fractional space for the entire development, any fraction of one-half or less may be disregarded.� Memorandum Page 7 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com The applicant is proposing 4 on-site parking spaces, and therefore does not exceed the 5-space maximum established by the RSIS. Design Standards Design Standards Required Proposed Compliance Driveways (§51-186) Driveway Location Where practicable, no part of any driveway entrance or exit to a public street shall be closer than 50 feet to the right-of-way line of any intersecting street. Where the frontage of the lot is too narrow to permit the above distance, the driveway shall be located as far from the intersection as possible but in no case any closer than 25 feet from a public pedestrian crosswalk. The distance between the proposed driveway apron and pedestrian crosswalk across Thomas Boulevard is unclear but appears to require a design exception. Applicant to provide further testimony. Number of Driveways The number of driveways provided from a site directly to any one street shall not exceed one driveway for a lot frontage of 100 feet or less = 1 driveway 1 driveway Complies. Maximum Driveway Width Two-way driveway: 10 feet 10 feet Complies. Lighting (§51-189) Extent of Lighting Fixtures Lighting for safety shall be provided at intersections, at entryways, between buildings and in parking areas. Complies per lighting plan on Sheet S-2. Complies. Illumination Levels Illumination levels at the property line shall not be more than 0.5 footcandle at any point when the project is located next to any residentially zoned property. <0.5 footcandles Complies. Driveway/Walkway Illumination Maximum: Three-family residential uses shall have a maximum illumination level of 3 footcandles at the driveway or walkway. A maximum of 2.5 footcandles is proposed. Complies. Minimum: Pedestrian walkways shall have an illumination level ranging between a minimum of 0.5 footcandle and a maximum of 2.5 footcandles. < 0.5 footcandles is proposed along the walkway from the Thomas Boulevard sidewalk. (W) Does not comply. A design waiver is required. Landscaping (§51-193)� Memorandum Page 8 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Residential Landscaping Standards In the front and side yard, four shrubs with a minimum height of 36 inches at the time of planting must be planted for every 10 linear feet of foundation along the portion of the building facing a public or private street. The linear foot measurement shall be determined by rounding up or down to the nearest 10. =12 shrubs required along the Thomas Boulevard façade. No plantings are proposed along the Thomas Boulevard façade. (W) Does not comply. A design waiver is required. Planting Specifications All trees shall have a minimum caliper of three inches 3 ½” minimum caliper. Complies. Required On-Site Trees For lots between 2,000 and 9,000 square feet in area, a minimum number of 4 trees are to be planted. 1 tree is proposed along the property’s sidewalk. (W) Does not comply. A design waiver is required. W = Design Waiver Required Variances Required A review of the application indicates that the property requires the following variance: 1. D-1 Use Variance – Three-family dwelling units are not permitted in the R-2 District, in which the entire subject property is located. Therefore, a d-1 use variance is required. Design Waivers Required A review of the application indicates that the property requires the following design waivers, and as noted throughout the report, additional relief may be necessary: 1. Insufficient Walkway Illumination (§51-189) – The minimum illumination required for pedestrian walkways is 0.5 footcandles, where less than 0.5 footcandles is proposed along the main entrance walkway from Thomas Boulevard. 2. Insufficient Residential Landscaping Standards (§51-193) – Where a total of 12 shrubs are required to be planted along the building’s Thomas Boulevard façade, no plantings are proposed. 3. Insufficient On-Site Trees (§51-193) – Where a total of 4 trees are required to be planted throughout the subject property, only 1 tree is proposed. Planning Comments 1. The applicant requires a d(1) use variance to permit the construction of an indoor recreation facility within the R-2 Zone, which does not permit three-family dwelling units. The Municipal Land Use � Memorandum Page 9 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Law and case law, particularly the Medici case, have established the standard of proof for granting a d(1) use variance: a. Positive Criteria: The applicant must demonstrate that the site is particularly suited for the proposed use and that special reasons exist for the granting of the variance. These special reasons can be one of the following: i. The proposed use will inherently serve the public good. ii. The owner would suffer undue hardship if compelled to use the property in conformance with the standards of the zone. iii. The proposed use advances the general welfare and the purposes of zoning. b. Negative Criteria: The applicant must demonstrate that the project will not be a substantial detriment to the public good, and that it will not substantially impair the intent and purpose of the zoning plan. General 2. The applicant shall clarify the existing front yard setback of the 2 ½-story frame dwelling on Lot 3 (i.e., 631 Thomas Boulevard), as this setback establishes the minimum required front yard setback for the subject property. Additional variance relief may be required. 3. The applicant shall clarify the spacing between the proposed driveways and all neighboring lots. All spacing shall comply with the driveway positioning standards set forth in §51-151. 4. The applicant shall clarify the width and construction details of the proposed entrance walkway. A minimum width of 4 feet is required, and the walkway shall be raised at least 4 inches above the level of the driveway/parking area. 5. The applicant shall clarify the between the proposed driveway apron and the existing pedestrian crosswalk across Thomas Boulevard. A minimum distance of 25 feet is required. 6. The project description narrative on the site plan cover sheet / Sheet T-1 indicates that each dwelling unit will include 3 bedrooms, where the ground floor dwelling unit only includes 2 bedrooms. The drawings shall be revised accordingly. Existing Site Conditions 7. Sheet T-1 indicates that the project site is located entirely within an “AE” flood zone (i.e., at high risk for its proximity to floodplains). The applicant shall speak to the building’s design and accommodations, with respect to this FEMA designation.� Memorandum Page 10 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com a. All proposed fencing shall comply with §150-80. b. We defer to the Board Engineer for further comments regarding the environmental conditions on site. 8. How will the removal and/or relocation of the existing fire hydrant be handled? 9. Will any of the existing landscaping be preserved within the new proposal? Site Circulation 10. The applicant shall provide testimony regarding circulation into and out of the subject property from Thomas Boulevard. a. A parking plan shall be provided for the proposed open-space parking area, which demonstrates a sufficient turning radius. i. Parking in the front yard area of any site is prohibited, per §51-151. What measures will be taken to ensure that parking does not occur in the front yard? b. The applicant shall clarify how the proposed parking spaces will be assigned and/or distributed amongst the tenants. i. Will access to the garage parking spaces be limited to the ground floor dwelling? c. The proposed driveway is located along the intersection of Thomas Boulevard and Orange Street. The applicant shall speak to the property’s exit circulation, with respect to the existing traffic patterns around this intersection. d. The driveway appears to share a curb cut with the neighboring property (613 Thomas Blvd.). The applicant shall provide testimony about any shared access arrangements that may exist or be contemplated. Building Design and Operations 11. The architectural floor plans on Sheet A-1 describe sliding glass doors along the Thomas Boulevard façade for the second and third floor, but the doors are not present in the elevations on Sheet S-2. a. Are these levels to include a balcony space? All drawings shall articulate consistent information and be revised as appropriate. 12. The applicant shall specify all proposed building materials and finishes, as this information is not articulated on the elevation drawings. � Memorandum Page 11 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com 13. Are any site identifier/address signs proposed for the subject property? All proposed signage shall conform with §51-170I. 14. Who will be responsible for landscaping and grounds upkeep of the subject property? 15. The applicant shall clarify who is able to utilize the building’s rear yard space and rooftop deck. a. Are these spaces exclusive to all residents, one unit, etc.? b. How many occupants can utilize the rooftop deck at one time? Landscaping and Lighting 16. The Signal and Marking Plan on Sheet S-5 does not incorporate any proposed fencing or gates, while the Site Plan on Sheet S-2 describes both a 5-foot-high privacy fence and a 3-foot-high wrought iron fence. Drawings shall be revised to be consistent across all application materials. a. The wrought iron fencing is drawn across the entrance driveway in Sheet S-2. Will there be a gate here to regulate traffic flow into and out of the lot? Construction details shall be provided as appropriate. 17. A total of four (4) on-site trees are required for the proposal, but only one is proposed. a. Plans shall be revised to indicate the location of the proposed Green Vase Zelkova tree and accommodate the additional required trees. b. Alternatively, a payment to the City Shade Tree Division may be made in lieu of planting. All requests to make contributions in lieu of planting replacement trees in excess of 40% of the required number of replacement or new tree plantings must be approved by the Board of Adjustment. 18. The applicant shall confirm that all proposed lighting fixtures are shielded and downward facing to minimize effects of glare on neighboring properties. 19. The proposed Lighting Plan on Sheet S-2 does not propose lighting fixtures along the pedestrian walkway, which triggered the need for a design waiver. The applicant shall speak to this decision and the feasibility of incorporating walkway lighting. A minimum illumination of 0.5 footcandles is required. Should you have any questions regarding the above memo, please contact our office. � Memorandum Page 12 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com Photographs of Property taken 2/28/2024 View of the undeveloped subject property and neighboring 2-story dwelling on Lot 5. View along Thomas Boulevard and pedestrian walkway, across from the subject property.� Memorandum Page 13 of 13 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • [email protected] • www.HGAPA.com View facing the subject property, across the diverged roadway of Orange Road.�