PB-18-09/Kessler Foundation, Inc. Amended

23. The Board finds that the Applicant has carried the burden of proof necessary to obtain the variances sought. 24. The Board also finds that the Applicant has provided sufficient information to support a soil moving permit in connection with the proposed improvements. 25. The Board further finds that a waiver from having a landscape architect prepare the landscaping plan can be granted since the landscaping proposed is relatively straightforward and involves the installation of only 9 new trees in and around the proposed expansion of parking Lot F, the Applicant’s engineer is experienced in site planning and provided a detailed description of where the limited new landscaping would go. There is no need for a landscape architect to prepare the plans in this case as the Applicant has provided sufficient information to adequately inform the Board of the landscaping details, and the information provided met the intent of allowing the Board to understand and approve with the proposed landscaping plan. 26. Finally the Board grants the tree removal permit sought. The Applicant will plant 12 new trees. The Board specifically finds - based upon the evidence presented and the Board’s knowledge of local conditions — that pursuant to Ordinance Section 25- 27.7(c)(2) the tree removal proposed by the applicant will not result in or cause, increase or aggravate any or all of the following conditions: a. Impaired growth or development of remaining trees or shrubs on the property of the applicant or upon adjacent property; b. Soil erosion, sedimentation and dust; c. Stormwater or drainage problems; d. Significant dimunition of the screening between existing or proposed buildings or roads on site and adjacent land or in the wooded aspect of the lot or site from any adjacent road; e. Sewerage problems; and f. Dangerous or hazardous conditions. 27. In summary, the Applicant has provided sufficient proofs to warrant the reliefs sought. THE DECISION WHEREAS, the Board, having reviewed the application for Amended Preliminary and Final Site Plan approval and associated “c” variances, tree removal permit, soil moving permit, and waiver from having a landscape architect prepare the landscape plan, 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

pare the landscape plan, 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 upon the imposition of specific conditions to be fulfilled, hereby, concludes that good cause has been shown to approve the application.