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

retention facility to be built on the west side of the parking lot (Mid way) adjacent to the current detention facility. 6. The Applicant agreed with the Board that security lighting will be illuminated during the overnight hours as a safety measure. 7. The Applicant also agreed that it as current property owner and any future property owners would be responsible for all fees and maintenance associated with the Storm Water Management as more fully described in the Stormwater Management Facilities Operation and Maintenance Manual that will run with the property and be recorded as part of the deed. 8. Applicant further agreed that it will water and maintain the trees and shrubs shown on the landscape plan. 9. While not a condition, but a recommendation, the Board suggested that the Applicant use native trees and bushes if they are found to be reasonable, long lasting and appropriate for the project. 10. Testimony of the Applicant’s planning expert at the hearing previously established that the bulk variance requested as to maximum disturbance and disturbance of slopes of 25% or more could be granted as a c (1) variance as there is a hardship created by the topography of the property, the shape of the property being very long and narrow, and the existence of structures lawfully located thereon and the revised plan reduces the slope variance request, thereby improving the application. 11. As to the c(2) variance request, the modified variance for the steep slope disturbance satisfies the criteria of the MLUL paragraph i. the overall property upgrades will promote a desirable visual environment through creative design. 12. With respect to the negative criteria under the MLUL, the Board previously accepted the testimony that there was no detriment to the public good as most of the variances were due to pre-existing deficiencies which were adequately addressed by storm water management and landscape buffers and improved by the reduction presented to lessen the steep slope disturbance. 13. The project meets the goals of the Master Plan as it fulfills the goals and objectives including, Objective #16- Encouraging Economic Development and Redevelopment That is Compatible with the Suburban Character of the Township as it encourages economic redevelopment and Objective #2: Ensure That the Public’s Safety is Secured as the project addresses the issues with

is Compatible with the Suburban Character of the Township as it encourages economic redevelopment and Objective #2: Ensure That the Public’s Safety is Secured as the project addresses the issues with flooding (Storm water management, and topography). NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that Final Major Site Plan approval for Phase II with variance relief for the application of Altera 769, LLC for property located at 769 Northfield Avenue, is determined as follows: 1. The Board grants the following bulk variance relief pursuant to N.J.S.A. 40:55D-70c (1) and c(2): Phase II- Final Major Site Plan [ Section | Required | Existing/Proposed 4889-0994-7451.v1