PB-19-04/Prism Capital Partners, LLC

30. The Board finds that the variance requested is warranted on c(2) grounds. The benefits of the proposal consist of the redevelopment of the site pursuant to the 2010 Master Plan and Redevelopment Plan, and will also promote a desirable visual environment furthering purpose §2(i) of the Municipal Land Use Law as well as promoting the general welfare by providing attractive housing furthering purpose §2(a) of the Municipal Land Use Law. 31. The Board finds further that granting the variance will not cause substantial detriment to the public good. By upgrading and improving the site the application will further principles of the Master Plan and purposes of zoning thereby causing no substantial impairment to either. The minor deviation from the required 25-foot buffer is justified due to the constraints and topography of the land. 32. For all these reasons the Board finds that the Applicant has met both the positive and the negative criteria to qualify for the “c” variance relief requested. Issuance of a Tree Removal and Replacement permit is also warranted. THE DECISION AND CONDITIONS WHEREAS, the Board, having reviewed the application for Preliminary and Final Site Plan approval with “c” variance relief and a Tree Removal and Replacement permit, and having considered the evidence submitted, and having considered the impact of the proposed application on the Township and its residents and the surrounding property owners, and having considered whether the variance request complies with and furthers the goals of the Master Plan and zoning ordinances of the Township of West Orange and the Municipal Land Use Law; hereby, concludes that good cause has been shown to grant 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 and a Tree Removal and Replacement Permit as set forth in the plans, reports, representations, testimony, stipulations and Exhibits offered by the Applicant is hereby approved subject to the following conditions. 1. The Applicant shall comply with all applicable Township, County and State laws, ordinances, regulations and directives, including without limitation, obtaining all applicable local and state approvals and/or permits. 2. In the event that any other required regulatory approval conflicts with

regulations and directives, including without limitation, obtaining all applicable local and state approvals and/or permits. 2. 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.