PB 22 10 Altera 769 LLC Filed Application with Exhibits Final Site Plan Phase 2

TOWNSHIP OF WEST ORANGE APPLICATION ATTACHMENT ALTERA 769, LLC D. Specific Sections of the Ordinance for which variance relief is sought: Phase II – Final Major Site Plan Approval Section Permitted/Required Proposed 25-28.8 Maximum disturbance 39.7% previously approved; 30.8% proposed area permitted is 20% for slope areas of 20- 25% slope. 25-28.8 Disturbances of slopes 35.2% previously approved; 34.4% proposed of 25% or more is prohibited. G.4A. Development Proposal The Applicant has applied for final site plan approval in connection with its Phase II development of the property. The Phase II development consists of the construction of 54 additional parking spaces for a total of 282 spaces. In connection with the Phase II development, the Applicant seeks to modify the variances that were previously granted by the Planning Board as part of the Phase II preliminary site plan approval for disturbance of steep slopes as more fully detailed in Section D. G.4B. Reasons for Relief The Applicant respectfully submits that the due to existing conditions uniquely affecting the property variance relief is warranted pursuant to N.J.S.A.40:55D-70.(c)(1). Additionally, the proposed improvements will advance the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-2, including: (a) to promote the public health, safety, morals and welfare; (c) to provide adequate light, air, and open space; (g) to provide sufficient space in appropriate locations for a variety of uses in order to meet the needs of all New Jersey citizens; and (i) to promote a desirable visual environment through the façade upgrades and addition of the canopy. The Applicant also respectfully submits that its proposed improvements will not be substantially detrimental to the public good and will not substantially impair the intent of the zoning plan or zoning ordinance. The Applicant reserves the right to provide additional testimony in furtherance of the requested variance relief at the public hearing on this matter.

ide additional testimony in furtherance of the requested variance relief at the public hearing on this matter. 4860-8523-4734.v1