PB-18-08/Belvedere Homes at West Orange, LLC

FINDINGS OF FACT AND CONCLUSIONS OF LAW 10. The Premises are located in the R-2 zone where single-family homes are permitted. 11. The Board finds that there is a threshold issue regarding notice. Lot 6.01 should have been included in the application and in the notice since it must be crossed over in order to access the subject lot. 12. Since notice is jurisdictional, the Board lacks jurisdiction to hear the application. 13. Applicant did not file proof of re-noticing. 14. Subsequently by letter dated October 9, 2018 and phone call of like date Applicant requested that the application be carried to April, 2019 because Mr. Kucera, the principal of the Applicant, would be out of town. 15. On November 7, 2018 the Board denied the request for an extended adjournment and dismissed the application without notice. THE DECISION WHEREAS, the Board, having reviewed the application for Minor Site Plan and variances, and having considered the impact of the proposed application on the Township’s Master Plan, 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 having deemed notice insufficient, and the Applicant having failed to re-notice, and the Board having received a request to carry the application for an extended period of time, hereby concludes that good cause has been shown to dismiss the application without prejudice. BE IT HEREBY NOTED that Applicant failed to maintain an adequate escrow balance with the Township which caused the application to be administratively incomplete and delayed the memorialization of this Resolution. NOW THEREFORE, BE IT RESOLVED by the Planning Board of the Township of West Orange that the application is hereby dismissed without prejudice. Certified to be a true copy of a Resolution adopted by the West Orange Planning Board on March 6, 2019. Robin Miller, Secretary