Filed Complaint with Exhibit

17. N.J.S.A. 40:55D-60 permits a planning board to grant vanances from the bulk regulations of a zoning ordinance and other zoning deviations that do not require a "d" variance as part of site plan or subdivision review. The variance proofs are the same as for "c" variances as set forth in N.J.S.A. 40:55D-70. A c (2) variance may be granted when the purposes of zoning are advanced and the benefits of deviating from the ordinance requirements outweigh any detriments. The benefits derived from granting a "c (2)" variance must include benefits to the community as a whole, not just the applicant or property owner A "c" variance must address the "negative criteria," and affirmatively demonstrate 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 municipality. 18. Applicant requested waivers from Item #'s: 20 (Delineation of existing or proposed for or dedicated to public use), 21 (Any existing or proposed easement or land reserved for dedicated public use), 22 (Development stages or staging plans), 28 (All existing street, water courses, flood points, wetlands or other environmentally sensitive areas on and within 200' of the site), 29 (Existing right-of-way and/or easements on and within 200' of tract), 42 (Proposed street names), 49 (Vehicular and pedestrian circulation patterns) and 52 (Plans and legal documents for compliance with West Orange COAH Ordinances.) 19. Applicant is also seeking a design waiver for the required 24 drive aisle width as they are proposing a 22 ft. wide drive aisle in the garage. 20. The proposed units consist of four (4) one-bedroom units and eight (8) two-bedroom units. {410 Main Street Draft Resolution}12ESX-L-001637-25 02/28/2025 2:34:16 PM Pg 12 of 16 Trans ID: LCV2025492774