PB 24 12 Estate of Berman Draft Resolution

{Estate of Berman- 17 Fairway Draft Resolution} 15. Applicant’s planner also testified that the negative criteria for a c(2) variance was satisfied because the subdivision is substantially compliant with the zone requirements and will not create an overly developed or “crammed” look. 16. The Planner also testified that the variance might also be considered as a c(1) hardship variance due to the fact that the property is a corner lot. 17. Applicant testified that the subdivision will be perfected by the filing of a deed. NOW, THEREFORE, based upon the foregoing findings of fact, the Board reaches the following conclusions of law: 1. The use at the site is a permitted use. 2. The requested variance for minimum rear yard setback satisfies the c(2) criteria because the project as a whole advances the purpose of the MLUL as it advances the purposes set forth in N.J.S.A. 40:55D-2a., g., i., and m., presents no negative impact and has benefits that substantially outweigh any detriment. 3. The benefits of the subdivision and rear yard setback variance outweigh any negatives. NOW THEREFORE BE IT RESOLVED by the Planning Board of the Township of West Orange that approval for minor subdivision approval with c(2) variance for a rear yard setback of 17.94 feet is granted; and IT IS FURTHER RESOLVED that the approval granted to the Estate of Rita Berman, is subject to the following terms and conditions: 1. The Applicant shall comply with all applicable Township, County, State and Federal laws, ordinances, regulations, and directives, including without limitation, obtaining all applicable local, state, and federal approvals, or permits. If another governmental entity