PB-17-02/Valley Road Residential

RESOLUTION OF APPROVAL PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE Decided: April 6, 2017 Memorialized: May 3, 2017 VALLEY ROAD RESIDENTIAL, LLC Extension of Site Plan Approval PB-14-03 With “c” Variances 22-26 Central Avenue & 9-15 Mitchell Street Block 9, Lots 1, 7, 44, 50 & 56 PB 17-02 WHEREAS Valley Road Residential, LLC (“Applicant”) was granted Final Site Plan approval by Resolution adopted on May 7, 2014; and WHEREAS Applicant now seeks to extend said approval; and WHEREAS the Board has jurisdiction by reason of notice filed in accordance with statutory requirements; FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. Applicant obtained Final Site Plan approval by Resolution adopted on May 3, 2014. 2. The West Orange Ordinance at Section 25-48.10a provides that site plan approval shall expire after two years and one day unless a construction permit has issued. No permit has issued as of this date. 3. William Sullivan, Esq. appeared on behalf of the Applicant and submitted the history of issues which have prevented Applicant from proceeding toward obtaining a permit, including that the original source of “Superstorm Sandy” funding for the project was terminated, and that a DEP permit had to be renewed under newly adopted regulations. 4. Applicant has now offered to include additional affordable housing in the project which will enable contribution from the Township's affordable housing trust fund as well as help the Township meets its affordable housing obligations. 5: That the Ordinance permits the time frame for issuance of a permit to be extended “for good cause shown.” 6. The Board finds that the reasons for the delay as expressed at the hearing by Mr. Sullivan and as expressed in his letter to the Board dated March 21, 2017 constitute good cause, namely, the loss of anticipated funding, the expiration of a DEP permit and a change in regulations applicable to renewal of said permit.