PB-19-04/Prism Capital Partners, LLC

do is reuse this site, and the plans provide significant landscaping. This variance qualifies under both N.J.S.A. 49:55D-70(c)1 and 2, as the property constraints are a hardship, and the sustainable reuse of the property benefit outweigh any detriment, of which there are none. 25. He stated that the requested variances could be granted pursuant to N.J.S.A. 40:55D-70(c)(1) or c(2). He noted that c(2) variances may be granted when they involve a specific piece of property where the benefits outweigh the detriments, and that c(1) variances may be granted when unusual conditions such as shape or topography affect a specific piece of property and cause undue hardship. FINDINGS OF FACT AND CONCLUSIONS OF LAW 26. The property is located in the E-MR zoning district where stacked townhouses are a permitted use. 27. Applicant seeks Preliminary and Final Site Plan approval with “c” variance relief and a tree removal permit in connection with the demolition of existing structures and construction of twenty stacked townhouses, with 10 garages and exterior parking. 28. 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. Soil erosion, sedimentation and dust - Applicant will obtain Soil Conservation District approval as needed; b. Stormwater or drainage problems — none anticipated, stormwater is being handled per the plans, c. Significant diminution of the screening— new buffering and landscaping where there presently is little, is being provided. d. Sewerage problems — site plans indicated that the site is connected to a public sewer system and there was no indication that the proposed tree removal would have any effect upon sewage disposal; and a. Dangerous or hazardous conditions — the proposed site plan is for construction of twenty stacked townhouses and the proposed tree removal would not create any dangerous or hazardous conditions. 29. Variances may be granted pursuant to N.J.S.A. 40:55D-70-1 et seq. (the Municipal Land Use Law or “MLUL”). Under MLUL §70(c)(1) variances may be granted when unique or exceptional conditions caused by shape, size, topography or lawfully existing structures cause exceptional

nicipal Land Use Law or “MLUL”). Under MLUL §70(c)(1) variances may be granted when unique or exceptional conditions caused by shape, size, topography or lawfully existing structures cause exceptional difficulties or undue hardship for development of a specific piece of property. Variances may be granted under MLUL §70(c)(2) when it would further the purposes of zoning, the benefits outweigh the detriments, and it offers a better alternative than what is allowed by the Ordinance. In all instances the Applicant must also prove that granting the variance will not cause substantial detriment to the public good nor substantially impair the intent and purpose of the Master Plan or zoning Ordinance. 5