22 8 18 Bolivar 17 Wheatland West Orange Zoning Board Resolution exe

WHEREAS, the Applicant offered the testimony of Michael Petry, a New Jersey licensed professional engineer, architect and planner of the State of New Jersey, who was offered and recognized by the Board as an expert professional planner for this Application, Mr. Petry testified about the project which includes a variances for steep slope and undersized lot, that the Applicant cannot cure the need for variance by use of the adjoining lot due to the non-conforming garages on the adjoining properties, that 5 of the 8 lots on the block are undersized in width, (less than 50 feet wide), that the proposed structure is suited to the property because it is modest by today’s new construction standards in that it has only a 1,191 square foot footprint, and that the existing conditions drive the need for the variances, that the variances can be granted and justified under a C-2 criteria by the MLUL purposes under N.J.S.A. 40:55D-2, sections b (to prevent flooding) e (control population density) andi (creating a desirable visual environment while keeping within the size of the surrounding properties), and that the only possible detriment to the Application is loss of open Space, however, the lot is currently poorly maintained, on a slope and the proposed Application completes the neighborhood, that the positives outweigh the negatives, it is an appropriate size home for the lot, that meets all necessary setbacks, Mr. Petry went on to comment about height and caliper of the proposed trees and the screening that will be 4 {00263426.DOC}