PB-24-07 Essex County Country Club B: 156; L: 1; Z: R-2

16. 17. 18. {00458572} the property line under the Code and therefore the proposed structure exceeds the minimum setback requirement by 20 feet) and 175 feet from the nearest house located at 8 Margulis Court (Block 156, Lot 29.03), which property owner did not appear or object at the hearings. The Board finds the proposed structure meets and exceeds the required minimum setback and that the structure will not have a detrimental impact on the surrounding property owners. Yet to minimize any impact that may be caused, the Board conditions the approval on planting and maintaining screening approved by the Township Forester on the side of the building that faces Old Indian Road. The height of the accessory structure is 14’7” (which is less than the maximum permitted height for accessory structures in the zone of 15 feet). The only utilities at the halfway house will be electricity, water and sewer. Applicant will seek a New Jersey Department of Environmental Protection (“NJDEP”) Freshwater Wetlands Letter of Interpretation (LOT) for the construction of the halfway house to confirm the presence/absence of wetlands and the required wetlands buffer. The site plans filed with the Board illustrated the limit of the wetlands transition area, and that the halfway house was proposed to be located outside of the regulated wetlands area buffer. The Board finds that the Applicant’s receipt of a Letter of Interpretation from the NJDEP/approval for construction of the halfway house will adequately address the issues raised by Ms. Bennett and the public related to the potential encroachment of the halfway house into alleged regulated wetlands areas. The Board finds that the NJDEP is the appropriate governmental entity to make such a determination. The Board does not 4882-2653-9704.v1