PB-17-08/Crestmont Country Club

ns is excessively disproportionate to cost of the project.” Here, Applicant has several hundred yards of street frontage and is making limited upgrades to its existing facilities. The Board finds that imposing a requirement for Applicant to install sidewalks along its entire street frontage would be unfairly cost prohibitive in relation to the improvements proposed. The benefits of the improvements would outweigh the detriments because the plan offers a better alternative to what the ordinance permits and would 7

promote the general welfare by promoting the appropriate use of land. Little or no detriment would result, either to the neighboring properties, the public good in general, or to the Township's planning documents or ordinances. It is worth noting that the nearest single family homes to the proposed expanded pool deck are more than 250’ away. The Clubhouse improvements would also promote a desirable visual environment. 27. In sum the Board finds that the Applicant has carried the burden of proof, including both the positive and negative criteria, necessary to obtain the variance relief sought. 28. The Board also finds that a waiver from the requirement of having a licensed landscape architect prepare a landscaping plan is warranted. Applicant's engineer provided detailed drawings and testimony which made clear both the location of trees being removed as well as replacement trees and landscaping being added. The Board finds that the landscaping plans and testimony which were submitted were more than sufficient to meet the general purpose and intent of the Ordinance provision. The Board further finds that the landscaping proposed by Applicant will improve the site especially the parking areas, and will help create a desirable visual environment pursuant to MLUL 2(i). THE DECISION WHEREAS, the Board, having reviewed the application for Preliminary and Final Site Plan approval and associated “c” variance relief and having considered the impact of the proposed application on the Township’s master plan and zoning ordinance and the surrounding property owners, and having considered whether the proposal complies with and furthers the goals of the land use and zoning ordinances of the Township of West Orange and the Municipal Land Use Law; and upon the imposition of specific conditions to be fulfilled, hereby, concludes that good cause has been shown to approve the application. NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Township of West Orange that the application for Preliminary and Final Site Plan approval with “c” variances relief and Soil Removal Permit as set forth in the plans, reports, representations, testimony, stipulations and Exhibits offered by the Applicant is granted subject to the following conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives,

ed by the Applicant is granted subject to the following conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local, state and federal approvals and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall

submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its successors or assigns construct or attempt to construct any improvement in conflict with or in violation of the terms of this approval, the Board hereby reserves the right to withdraw, amend or supplant the instant approval. 4. Allconstruction, use and development of the property shall be in conformance with the plans approved herein, all representations of the Applicant and its witnesses during the public hearing, all exhibits introduced by the Applicant, and all terms and conditions of this resolution. 5. The Applicant shall pay all outstanding taxes, tax liens, application fees and technical review fees, as well as any inspection fees that may be required hereunder. The Applicant shall pay any additional fees or escrow deposits which may be due and owing within thirty (30) days of notification or this approval shall be deemed withdrawn. 6. All notes included in the approved plans, including notes required by this Resolution, shall be deemed conditions of approval having the same force and effect as conditions expressly set forth in this Resolution. Ts All conditions of approval shall be written on the site plans. 8. Applicant to comply with the review letters from Bowman Consulting dated August 29, 2017 except for Item #17. 9. Applicant shall comply with the recommendation in the Memo from Township Forrester John Linson dated October 4, 2017 which states: “Il recommend that the Applicant be required to amend the landscape plans to provide for the

with the recommendation in the Memo from Township Forrester John Linson dated October 4, 2017 which states: “Il recommend that the Applicant be required to amend the landscape plans to provide for the restoration of the disturbed area within 75’ of the property boundary.” 10. Applicant to provide an Engineer's estimate of the cost of improvements for calculation of Engineering inspection fees.

11. Prior to beginning work Applicant shall request a pre-construction meeting with Township officials. 12. Applicant shall work with the Township Forrester regarding tree removal and replacement and shall plant not less than the number of trees removed, including additional replacement trees if additional trees within 75 ft. of a public roadway are removed. 13. Applicant shall not shovel snow onto Eagle Rock Avenue. 14. — Applicant to comply with recommendations by the Township Fire Officials as they apply to the proposed improvements. 15. Applicant shall use commercially reasonable efforts to avoid tree removal to the extent possible when digging the trench for the new utility lines from Eagle Rock Avenue to the Clubhouse, and will detail this restriction on the site plans. 16. Applicant shall permanently maintain landscaping to preserve sight lines on both sides of the exit drive onto Eagle Rock Avenue, and revise the landscape plan to detail the required treatments at the exit driveway intersection with Eagle Rock Avenue. 17. Applicant shall provide lighting in the overflow parking area per the review and approval of the Board Engineer. 18. Applicant shall comply with fire lane widths and/or other requirements in the parking areas. 19. Applicant shall provide supervision for parking for large events. 20. Applicant shall install “Do Not Enter” and other appropriate signage in the parking areas subject to the review and approval of the Board Engineer. 21. — Applicant to install markers along the exit driveway to Eagle Rock Avenue. 22. Applicant shall provide an “as-built” survey of the newly installed utitlies. 10

Certified to be a true copy of the Resolution adopted on the 15 day of November, —— 2017. Vote on the Action Taken by the Board Robin Miller, Secretary Board Member Motion Second Nay Abstain Absent Cardoza (2 Alt.) * Eben Ghebremicael Keigher Klein (Vice Chair) McCartney Trenk Wegner (1° Alt.) Weston Wilkes Bagoff (Chair) Vote on the Memorializing Resolution Board Member Motion Second Nay Abstain Absent Cardoza (2" Alt.) Eben Ghebremicael Keigher Klein (Vice Chair) McCartney Trenk Wegner (1° Alt.) Weston Wilkes Bagoff (Chair) 11