PB-24-04 Montclair Golf Club - B: 151 L: 1 Zone: R-2

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 is an exception when there is an application that 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. 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 site plan approval: SECTION/REQUIREMENT ___PERMITTED/REQUIRED PROPOSED 25.8.1(f) Maximum Building 1 % stories/15 feet Golf Building- 1 story/24 ft Height for Accessory Building | : 25.8.1(f) Maximum Building 1 % stories/15 feet Halfway House- 1 story/22 ft Height for Accessory Building 25-8.4(a) Maximum Fence 50% 100% Opacity 2. The Municipal Land Use Law, at N.J.S.A. 40:55D-70(c) provides Planning Boards with the power to grant variances from bulk and other Ordinance requirements when the Applicant satisfies certain specific proofs enunciated in the statute. 3. Under the c(2) criteria, the Applicant must demonstrate that in a particular instance relating to a specific piece of property, the purposes of the Act would be advanced by {Montclair Golf Club Resolution} 4882-2653-9704.v1