PB 19-09 732 Eagle Rock Ave LLC (Signed Resolution)

2. prior to the issuance of the certificate of occupancy for any new dwelling on the property.” In summary, the Applicant offered expert testimony that the foundation of the existing dwelling is aged, misaligned and overall substandard to the degree that renovation of the existing structure would be unsafe for occupants. The Applicant will comply with all other conditions in the April 3, 2020 Resolution. NOW THEREFORE, the Board makes the following conclusions of law, based upon the foregoing findings of fact. Based upon the application, and testimony placed before the Board, the Board finds that the prior condition of approval 2(e) can be modified without substantial detriment to the public good or substantial interference with the intent and purpose of the Township's Zoning Ordinance. More specifically, the allowance for the demolition of the existing structure and the construction of a new structure that is fully conforming to the Township’s zoning requirements, will enhance public safety on the property. NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the Applicant's Application for Modification of PB-19-09 of 732 Eagle Rock Ave LLC is determined as follows: 1. Condition 2(e) of the decision memorialized by Resolution on April 3, 2020, is hereby modified to provide as follows: “The existing dwelling may be demolished for safety purposes. The dwelling that is to be constructed in the place of the existing dwelling must be fully conforming with the Township’s zoning requirements, including but not limited to any bulk and setback requirements. The dwelling that is to be constructed in the place of the existing dwelling shall be fully conforming with the Township’s zoning requirements, including but not limited to any bulk and setback requirements, and the owner shall make all reasonable efforts to utilize the same general footprint as the existing dwelling for the new dwelling, but shall not be limited to the existing foundation footprint. Such new dwelling must be constructed prior to the issuance of the certificate of occupancy for any other dwellings on either lot. Any other references, implied or express, to the need of the Applicant to renovate the existing dwelling which may be found in the Board's decision memorialized by Resolution on April 3, 2020, are hereby altered by this Resolution of the

ess, to the need of the Applicant to renovate the existing dwelling which may be found in the Board's decision memorialized by Resolution on April 3, 2020, are hereby altered by this Resolution of the Board, which will be controlling as to that issue. AND IT IS FURTHER RESOLVED that the above approval is subject to the following terms and conditions: 1; As stated, the Applicant will comply with all other conditions of approval set forth in the Board's Resolution adopted April 3, 2020.