PB-22-11 Montclair Golf Club - 25 Prospect Avenue

allowing a deviation from the Zoning Ordinance requirements and 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 to increase the existing reservoir pond and construct a new pump house that will be 17.2 feet high. . As to site plan requested waivers, as there is no new impervious coverage, and the drainage area is not changing, thus the Green infrastructure requirement is not applicable to this project and a waiver is granted. . As to design comments and plat details satisfied by the Applicant at the hearing, the Applicant provided testimony as to checklist items #20: that there are no existing or proposed deed restrictions or covenants in the project area, #21:there are no easement or land reserved or dedicated to public use; #14: ownership is established,#46: no solid waste management plan is applicable; and, #22: the project will be done in a single stage. . As for the requested bulk variances, they also satisfy a c (2) criteria as Applicant has provided credible evidence that the following purposes of the MLUL set forth in N.J.S.A. 40:55D-2 are advanced. Paragraph i. of the statute is advanced as under paragraph i. the removal of the old tank and construction of the new pump house will promote a desirable visual environment through creative design. The proposed upgrades will advance