West Orange Township_Fourth Round HEFSP_Final Draft

19, In addition, granting the variances will not result in substantial impairment to the zone plan or the zoning ordinance. The proposed building is a permitted use and will comply with front yard setback and exceeds the side yard setbacks required in the zone. 20. The requested variances are justified and meet the positive and negative proof standards and therefore can be granted, NOW THEREFORE be it resolved by the Planning Board of the Township of West Orange that the application of Tompkins Street Apartments Urban Renewal, LLC for property located at Tompkins Street; Block 6, Lot: 36.01; R-M Zone, is determined as follows: a: The Board grants the following bulk variance relief pursuant to NJ.S.A. 40:55D-(c)(2): Bulk Standard Required Proposed 25-7.1 Max. building _ 2.5 stories/35 feet 3 stories/38 feet height 25-7.1 Min. rear yard 30 ft. 13.9 ft. 25-7.1 Max. building 40% 45.3% coverage 25-7.1 Max. lot coverage 55% 57.9% 25-12.2a.1 Min. parking 35 0 spaces 2. Preliminary and final site plan approval is granted pursuant to N.J.S.A. 40:55D-46 and 50. AND IT IS FURTHER RESOLVED that the above approval 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 and/or permits. Without limitation of the foregoing, prior to the signing of the approved site plans, and prior to the commencement of any land disturbance or construction, the Applicant shall submit to this Board, with a copy to the Board Engineer, proof that it has obtained all required governmental approvals. 2. If another governmental entity or agency grants a waiver or variance affecting the plans and/or exhibits submitted by the Applicant, this approval or the conditions attached to it, then the Applicant shall re-apply to this Board respecting the same and this Board shall have the right to view that issue as it relates to this approval and these conditions and modify and amend same, if appropriate. 3. In the event that any other required regulatory approval conflicts with the terms and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for

and conditions hereof, or materially alters the same, or the terms and conditions hereof are materially altered by any change in applicable law or regulation other than those municipal regulations for which change is prohibited by the Municipal Land Use Law (MLUL), or in the event Applicant or its