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

Kor part of site plan or subdivision review. The variance proofs are the same as for variances as set forth in N.J.S.A. 40:55D-70. A “c (1)” variance permits a variance from a bulk or dimensional provision of a zoning ordinance, such as frontage, when, by reason of exceptional conditions of the property, strict application of a bulk or dimensional provision would present peculiar and exceptional practical difficulties or exceptional hardship to the applicant. Such exceptional conditions may include the dimensions of the property, topographic conditions, or some other extraordinary or exceptional feature unique to the property. A c (2) variance may be granted when the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements outweigh any detriments. The benefits derived from granting a “c (2)” variance must include benefits to the community as a whole, not just the applicant or property owner A “c” variance must address the “negative criteria,” and affirmatively demonstrate that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the municipality. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. This application requires the following variance relief, as well as final site plan approval: Phase II- Major Final 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 Disturbances of slopes of | 35.2% previously approved; 25% or more is prohibited. | 34.4% proposed. 2. Testimony established that the conditions required for the preliminary site plan of Phase II, (Granted March 2, 2022 and memorialized in a resolution on April 6, 2022) have been satisfied. 3. A variance is required due to steep slopes; however, the steep slope variance previously granted is modified as the Applicant presented less steep slope disturbance on the final site plan which is an additional benefit to the project. 4. The proofs also demonstrated that the additional storm water runoff from the proposed additional impervious coverage will be adequately managed with the storm water detention system as designed and presented in the

o demonstrated that the additional storm water runoff from the proposed additional impervious coverage will be adequately managed with the storm water detention system as designed and presented in the preliminary site plan application. 5. As to Phase II, the additional parking will also be extended on the west side and allow for the continued tree and landscape buffer to the east along the residential properties. The additional impervious coverage will trigger the construction of a new storm water 4889-0994-7451.v1