PB-17-08/Crestmont Country Club Amended

WHEREAS the Order having remanded this matter to the Township of West Orange Planning Board for “further findings of fact on the issue of tree removal in accordance with the Statement of Reasons accompanying this Order,” and WHEREAS attached hereto are the Order and Statement of Reasons; and WHEREAS in the Statement of Reasons the Court found that the Board’s findings and conclusions regarding tree removal were reasonable and supported by the record, stating: The record thus reveals that, when reviewing and approving the Crestmont Application, the Board and professional staff were entirely mindful of the underlying purpose of the Township's Tree Protection and Removal Ordinance — to maximize the preservation of trees. The outcome of the proceedings reflects that the Board enforced the Ordinance in a manner as to achieve its fundamental objective. The Court concludes that the Board’s Findings — that “the tree removal which would result would be offset by new trees being planted elsewhere on the property and that “Applicant’s decision to keep the exit drive in its current location onto Eagle Rock Avenue will avoid further disturbance of steep slopes and existing trees” are amply supported by facts in the record. Its decisions with respect to tree protection and removal were well within the Board’s discretion. Here again, it is not for the Court to substitute its judgment as to these matters for the judgment of the Board. (page 19); and WHEREAS the Court found that notwithstanding the Board’s findings with respect to tree removal were reasonably concluded and supported by evidence in the record, that the Resolution lacked specific findings required by the Ordinance: Although the Board, as noted, rendered ultimate Findings supported by evidence in the record — as to tree protection and removal, the Board’s Resolution does not contain express findings on these specific matters, notwithstanding the direction of the Ordinance. Accordingly the Court remands the case to the Board for the purpose of amending its Resolution to set forth express findings in accordance with Section 25-27.7(c)(2); and WHEREAS the Board hereby amends its original Resolution as directed by the Court to include specific findings in accordance with Section 25-27.7(c)(2) of the Ordinance, which findings are set forth in Paragraph 24 of this Amended Resolution; IT IS HEREBY

as directed by the Court to include specific findings in accordance with Section 25-27.7(c)(2) of the Ordinance, which findings are set forth in Paragraph 24 of this Amended Resolution; IT IS HEREBY RESOLVED: EVIDENCE SUBMITTED In summary, the following evidence was received and/or introduced in connection with this application: