PB 21-06 Montclair Golf Club - 25 Prospect Avenue - Resolution (Adopted)

Section/Requirement Required Existing Proposed 25.8-4.a Maximum fence 4 feet 100 feet Additional height fencing at 75 feet The Municipal Land Use Law, at N.J.S.A. 40:55D-70(c) provides Boards with the power to grant variances from bulk and other Ordinance requirements when the Applicant satisfies certain specific proofs which are enunciated in the statute. Under the (c)(2) criteria, the Applicant must demonstrate that in a particular instance relating to a specific piece of Property, the purposes of the Act would be advanced by allowing a deviation from the Zoning Ordinance requirements and that the benefits of any deviation will substantially outweigh any detriment. These tests specifically enumerated above constitute the affirmative proofs necessary in order to obtain "bulk" variance relief, under Section (c)(2). Also, an applicant for these variances must show that the proposed relief sought will not cause a substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning ordinance. The burden of proof is upon the Applicant to establish that these criteria have been met. The proposal is limited to lengthening a golf netting that is meant to protect members of the public from being struck by golf balls. The original netting approved under PB-19-11 proved insufficient from a safety point of view for screening golf balls from entering into areas where the balls could come into contact with members of the public. NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the amended application of Montclair Golf Club for Property located at 25 Prospect Avenue, is determined as follows: it, The Board grants the following bulk variance relief pursuant to N.J.S.A. 40:55D-(c)(2): Section/Requirement Required Existing | Proposed 25.8-4.a Maximum fence 4 feet 100 feet Additional height fencing at 75 feet _| Qi Amended site plan approval is granted along with the c(2) variance approval. AND IT IS FURTHER RESOLVED that the above approval is subject to the following terms and conditions: