PB-18-04/Jay Maharaj Realty, LLC

13. 14. §25-12.1.a Sidewalk Not provided No Yes provided between building and parking lot §25-12.1.b Minimum Not provided o ia curbing setback from structures §25-12.1.h Minimum na 20° 24° parking aisle width §25-12.1.p Minimum Wa 0 2 number of trees in parking lot §25-12.2 Minimum number | Not provided 19 23 of parking spaces §25-28.8b Maximum Applicant disturbance of steep slopes proposes to exceed maximum permitted per plans The variances can be justified pursuant to MLUL 70(c)(2) as the benefits outweigh the detriments and the proposal offers a better alternative to development of the site than is allowed by Ordinance. The Board finds that the site is in need of improvement from its present deteriorated condition and the proposal offers a reasonably-scaled development which will upgrade the site’s aesthetics and promote a desirable visual environment in furtherance of MLUL 2(j). The proposal would also promote development where infrastructure currently exists in furtherance of the State Plan. The Board agrees, adopts and incorporates by reference the arguments in favor of the variances offered by Applicant’s planner David Karlebach, PP as set forth in Par. 9 herein. The Board further finds that notwithstanding the number of variances requested the project will not cause substantial detriment to the public good so much as it will eliminate existing detriments by improving the site’s appearance, stabilizing the slopes, and preventing stormwater runoff. Similarly, the proposal would not cause substantial harm to the intent and purpose of the zone plan and Ordinance since the variances are triggered by the sites slopes and existing development, would not be out of character with the development pattern in the area and are not the result of an inappropriately large project. Finally the Board grants the tree removal permit sought. The Applicant will remove 19 trees and plant 5 new trees and add additional landscaping. 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,

crease 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;