PB 22-10 Altera 769, LLC - 769 Northfield Avenue - Block: 166.15 Lot: 9

WHEREAS, the Board also considered the input of its professionals at the hearing; and NOW THEREFORE, the Board makes the following findings of fact, based upon the evidence presented at its public hearings, at which a record was made: iL. 2. The Applicant is requesting Final Major Site Plan approval with variance relief for Phase II of the development. Preliminary Site Plan approval and variance for Phase II of the development was granted by the Board on March 2,2022 and memorialized in a resolution on April 6, 2022. Phase II of the development consist of the construction of 56 additional parking spaces for a total of 280 spaces and upgrades to the stormwater system. The property is located on Northfield Avenue and the surrounding area is characterized by single family residential development to the Northeast, medical offices and commercial building to the South, single family dwellings and a church to the Northwest. .. The application requires the following bulk variance relief from the Board: Phase II- Final Major Site Plan Section Required Existing/Proposed 25-28.8 Maximum disturbance area | 39.7% previously approved; permitted is 20% for slope | 30.8% proposed areas of 20-25% slope. 25.28.8.c Disturbances of slopes of | 35.2% previously approved; 25% or more is prohibited. | 34.4% proposed. N.J.S.A. 40:55D-50a. govern the Board’s review of the Phase II Major Final Site Plan application. N.J.S.A. 40:55D-50a. provides that final site plan approval “shall” be granted if the detailed drawings, specifications, and estimates of the application conform to the standards of all applicable ordinances and the conditions of preliminary approval. As such if the applicant meets the standards set forth in the ordinances, the planning board lacks the authority to deny approval of the site plan and subdivision. N.J.S.A. 40:55D- 50a; PRB Enters., Inc. v. S. Brunswick Planning Bd., 105 N.J. 1, 7 (1987); Dunkin’ Donuts of N.J., Inc. v. Twp. Of N. Brunswick Planning Bd., 193 N.J. Super. 513, 515 (App. Div. 1984). Conversely, if the application does not comply with all ordinance requirements, the Board must deny approval. Cortesini v. Hamilton Planning Board, 417 N.J. Super. 201, 215 (App. Div. 2010). However, there are two exceptions: (1) The first exception is where an application does not comply with all ordinance requirements but the Board grants relief in

N.J. Super. 201, 215 (App. Div. 2010). However, there are two exceptions: (1) The first exception is where an application does not comply with all ordinance requirements but the Board grants relief in terms of variances or exceptions. In that case, the Board then must review the application against all remaining ordinance requirements and grant approval if the application complies with all such remaining requirements. N.J.S.A. 40:55D-60 permits a planning board to grant variances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a “d” variance as 4889-0994-7451.v1