PB 24 06 410 Main St Holding LLC Draft Resolution

{410 Main Street Draft Resolution}8 43. The neighbors on Park Drive North and South provided testimony that there is currently a significant parking problem on Park Drive North and South due to the fact that many of the homes on that loop do not have driveways and currently there is no restriction to limit parking to those residents. 44. The commercial space of 900 feet limits the type of businesses that can realistically occupy in the provided space such that Applicant agreed to a condition that the space be limited to office use only; however, there was no on-site parking for that office use. 45. The Board took note that during the pendency of the application that a serious pedestrian versus vehicular accident occurred on Main Street at the location of the proposed project. 46. N.J.S.A. 40:55D-67 governs the Board’s review of the application for Conditional Use. N.J.S.A. 40:55D-67a. provides that a zoning ordinance may provide for conditional uses to be granted by the planning board according to definite specifications and standards which shall be clearly set forth with sufficient certainty and definiteness to enable the developer to know their limit and extent. N.J.S.A. 40:55D-67b. provides that the review by the planning board of a conditional use shall include any required site plan review pursuant to N.J.S.A. 40: 55D-37 to 40:55D-59. 47. A conditional use is defined under the MLUL (N.J.S.A. 40:55-D-3) as a use permitted in a particular zoning district only upon a showing that such a use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the planning board. If a planning board finds compliance with the specified