WayMaker letter

November 29, 2024 Page 10 of 11 NISHUANE ; GROUP al 40 Eagle Ridge Way ECONOMIC. COMMUNITY DEVELOPMENT. AND LANO USE Block 106, Lot 20.03 Standards for Granting Variance Relief C- (Bulk) Variances The Municipal Land Use Law (MLUL) at NJ.S.A. 40:55D-70c sets forth the standards for variances from the bulk regulations of a zoning ordinance. C(1) Variance - The Board must find that there is either undue hardship or practical hardship with the strict application of the zoning requirements as stipulated in the Zoning & Land Use Regulations, as a result of: a) exceptional narrowness, shallowness or shape of a specific property, or b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or ¢) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. C(2) Variance - The Board must find that the proposed deviation from the Zoning & Land Use Regulations will advance the purposes of the MLUL and that the variance can be granted without substantial detriment to the public good, that the benefits of the deviation would substantially outweigh any detriment. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not ‘only the applicant or the property owner. Here too, the Board must be satisfied that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the Township. Planner’s Comments The applicant proposes to undertake site work on a lot with an existing one-family dwelling. The proposed site work includes the installation of a subsurface chamber infiltration basin in the rear yard, as an enhancement to a previously approved stormwater seepage pit detention system. The proposed subsurface detention system will also allow for the enlargement of the surface area of collection for the yard. Additionally, the proposed scope of work will include the repair of an existing boulder wall at the rear of the property, as well as landscaping. As indicated in the project description above, the applicant indicates in their application proposal that the existing boulder wall at the rear of the site was “overbuilt,” in the process of installing the

dicated in the project description above, the applicant indicates in their application proposal that the existing boulder wall at the rear of the site was “overbuilt,” in the process of installing the stormwater management system. This wall was constructed to a height in excess of 6-feet with no permit or other approvals, for which a violation notice was issued. Further, the applicant provides no details of this walls on their plans, including the height, composition and construction details. In my opinion, it is not possible for the Board to fully assess this wall, without the necessary construction detail, which is not provided as part of 105 Grove Street, Suite 3, Montclair, NJ 07042 # Phone: (973) 954-2677 * www.NishuaneGroup.com