West Orange Compiled ZBA Application 5 15 24

WHEREAS, the applicant also presented Ronald J. Tkach, Licensed Professional Planner, who was recognized by the Board as such, who satisfied the positive and negative criteria needed for bulk variances and the use variances by testifying that this utility facility is an inherently beneficially use, that there would be no negative impact to the surrounding areas and that the project would not substantially impair the West Orange Zone Plan or the Zoning Ordinances of impact on the public safety and welfare; and WHEREAS, the Board considéred a report submitted by Susan Borg, Township Planner and; WHEREAS, the Board considered a report submitted by Deborah H. Cerbone, P.P., C.L.A., Landscape Architect said report dated January 9, 2007; and WHEREAS, it was brought to the attention of the Board that in 1988 this Board adopted a resolution for this site granting a use variance to install a 13kV feeder, being an expansion of a non-conforming use with a non-conforming setback of 60’ when 75° is required; and WHEREAS, it was brought to the attention of the Board that in 1992 the Board adopted a resolution for this site granting Applicant a variance to construct a 188° tower to replace existing tower; and WHEREAS, it was brought to the attention of the Board that in 1997 the Board adopted a resolution for this site granting Applicant a use variance to construct five concrete storage bins and an L-shaped 50’ X 100° concrete pad with a 50° X 50° prefabricated cover, being an expansion of a non-conforming use; and WHEREAS, there was no public questions,and