PB 06 16 Normandie Estates Schindler Terrace

me PB-06-16 RESOLUTION OF THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE Normandie Estates Condominium Association Granting Amended Site Plan Approval with Variances for Block 166.13 Lotl, Zone R-C Single Family/Townhouses WHEREAS, the Planning Board of the Township of West Orange, at its regular meeting held on January 3, 2007 considered the application of Normandie Estates Condominium Association (the "Applicant") for Amended Site Plan Approval with variances for Block 166.13, Lot 1, Zone R-C Single Family/Townhouses in order to extend the balconies on certain units into the existing rear yard setback; and WHEREAS, the Planning Board considered the presentation of the Applicant made through its attorney, Thomas J. Trautner, Jr., Esq. of the law firm of Wolff & Samson, P.C., and its submissions, prepared by George James, P.E., P.P., of Keller & Kirkpatrick, the Applicant’s professional engineer and planner, dated May, 2006, consisting of five sheets and proposed deck sketch prepared by Top Notch Remodeling, Inc., consisting of one sheet; and WHEREAS, the Applicant presented the testimony of Mr. James; and WHEREAS, the Planning Board heard the testimony of Susan Borg, the Municipal Planner and Leonard Lepore, the Municipal Engineer; and WHEREAS, no objection was voiced to the Application by any members of the public nor by any unit owners of the Applicant association; and WHEREAS, all the facts and data contained in the submitted application and in all submissions and exhibits submitted to the Board by any and all interested parties, any and all of the Applicant’s professionals and any and all of the Planning Board’s professionals and produced at the public hearings identified herein before the Board are incorporated as findings of fact of this Board as if set forth at length herein; and WHEREAS, a complete application has been filed, all fees required by Ordinances have been paid and it otherwise appears that the jurisdiction and powers of the Planning Board have been properly invoked and exercised, the Planning Board having conducted a vote on this application on January 3, 2007;

Y NOW THEREFORE, does the Planning Board of the Township of West Orange make the following findings of facts and conclusions of law with regard to this application: 1. The Board finds that the Applicant stipulated that all of the unit owners belonging to the condominium association were given an opportunity to extend their decks, and that only the owners of unit nos. 1, 3, 9, 11, 17, 23, 25, 27, 29, 34, 35, 36, 37, 39, 41, 47, and 49 had elected to extend their decks and were paying the expenses of the application. 2. The Board finds that the proposed approximately five foot deck extensions will require relief from the strict enforcement of Section 25-7.1 of the Township of West Orange Zoning Code entitled "Table of District Regulations" which requires a 50 foot rear yard set back, and Section 24-10.2(d)(4) which requires a 50 foot natural state buffer contiguous to other residential zones. 3. The Board finds that based on the testimony of Mr. James the proposed deck extensions meet the purposes of zoning because the enlargement of the decks is a necessary update and upgrade for 20 year old condominium units, creating usable space that is customary for condominium units. The proposal will advance the purpose of the Municipal Land Use Law by providing more adequate light, air and open space for unit owners and a more desirable visual environment. Further, the Board finds that no trees will be removed, that there will be no change in grade and that there will be minimal ground disturbance as a result of the deck extensions. Moreover, because the variance relief sought is minor, the deck extensions will not impair the intent and purpose of the Township Zoning Ordinance. 4. The Board finds that the proposed deck extensions will further the Municipal Land Use Law, N.J.S.A. 40:55D-2 by providing a desirable visual environment through the renovation and updating of 20 year old decks. The Board concluded that the benefits of this proposal outweigh the detriments. 5. The Board also determined that the Application complies with the negative criteria where the Applicant must demonstrate that the variances may be granted without substantial detriment to the public good and without impairment to the zone plan. The Applicant meets this burden because proposed deck extensions cannot be seen from adjacent properties and as such there is no substantial detriment to the

d and without impairment to the zone plan. The Applicant meets this burden because proposed deck extensions cannot be seen from adjacent properties and as such there is no substantial detriment to the public good. 6. The Board finds that there is no negative impact that would résult from the approval and that enlarging the existing decks was a necessary update that would generally enhance the intent and purposes of the zoning ordinances as well as the purposes of the Municipal Land Use Law. The Board finds that in light of these conclusions and findings, there is no substantial impairment to the zone plan or purposes and no substantial detriment to the public good

” 7. The Board finds that any unit owners that do not have patios cannot have one installed as a result of the approval of the Application, and any units not included as part of the Application must come to the Board in the future for approval and variance relief if they want to extend their deck. NOW, THEREFORE, BE IT RESOLVED that the Planning Board of the Township of West Orange, based upon the Findings of Facts and Conclusions aforesaid, and upon the laws established in the State of New Jersey, hereby grants this application for Amended Site Plan with Variances to extend the balconies on certain units, identified herein, into the existing rear yard setback at Block 166.13 Lot! , Zone R-C Single BE IT FURTHER RESOLVED that the grant of said approval shall be conditioned upon the Applicant’s full and complete satisfaction of the following conditions: 1. Satisfaction of the COAH obligations, if any, as determined by the relevant state regulations and local municipal ordinances. 2. The Applicant shall comply with all other applicable federal, state and local law, regulations and ordinances in the implementation of this approval. The foregoing is a true copy of the Resolution adopted by the Planning Board of the Township of West Orange at its regular meeting on February 7, 2007. Afb. Maria Abeles, Secretary Planning Board of the Township of West Orange Dated: 2/1/01

18 wnsulp oF WEstT ORANGE 66 Main Street , West Orange, New Jersey 07052 PLANNING AND DEVELOPMENT John F. McKeon Mayor SUSAN BORG A.I.A. ie Planning Director io I: So canhatio TO: Planning Board Members FROM: Director Susan Bo PP, A.LC.P., A.LA. DATE: September 27, 2006 RE: PB-06-16/Normandie Estates Block: 166.13; Lots: 1; Zone: R-C Schindler Terrace Amended Site Plan with variances INTRODUCTION The applicant seeks extend 17 decks within the Normandie Estates condo complex, each by five feet. This requires variances due to the rear yard set back requirement of 50 feet and a natural state buffer of 50 feet. C12) LAND USE The property is located in the R-C Zone (single-family/townhouses) and is surrounded by other residential neighborhoods. SUBMISSIONS ITEM SIGNED BY DATE Preliminary Site Plans (5 pgs.) George James 5/12/06 VARIANCES REQUIRED SECTION REQUIRED PROPOSED . VARIANCE 25-7.1(rear yard) 50° between 43.25” and 45.25” scr (rear yard buffer) 50” between 43.25’ and 45.25” “Cc” DISCUSSION The applicant appeared before the Technical Review Subcommittee on October 5" to discuss the application and describe the proposed deck extensions. When Normandie Estates was originally approved for development in 1986, no variances were required and balconies were permitted to extend at the rear of the townhouses. At this time, the condominium associates wishes to apply for an amended site plan to reduce the rear yard set back for 17 specific units so that these decks can be extended by five feet. All opinions stated in the report are based on information submitted by the applicant. Treserve the right to change any opinions based on further testimony. SB:ma FAPLANNING.BRD\WP\REPORTS\2006\PB-06-16 Normandie Estates.doc

SCHEDULE OF REAR YARD SETBACKS UNIT No. EXISTING SETBACK PROPOSED SETBACK UNIT No.1 50.49 FT. (ExistiInc wood DECK) 45.25 FT. (PROPOSED WOOD DECK) UNIT No.3 50.57 FT. existing wooo DECK) 45.25 FT. (proposeo wooo o€cK) UNIT No.9 50.48 FT. cexistine woop 0eck) 45.25 FT. (erorosep woop Deck) UNIT No.11 50.56 FT. (exist wooo DECK) 45.25 FT. (proposep wooo o€cK) [UN No 85ers ER CR} ——4 5 EE REPOST WOODEN) UNIT No.17 50.66 FT. (existinc wooo DECK) 45.25 FT. (proposed wood DECK) UNIT No.23 50.68 FT. (existing wooo DECK) 45.25 FT. (proposeo wooo Eck) UNIT No.25 50.60 FT. (existins wooo DECK) 45.25 FT. (propose wood Deck) UNIT No.27 50.74 FT. cexistinc wooD DECK) 45.25 FT. (proposeo woop o€ck) UNIT No.29 50.80 FT. (existinc wooo peck) 45.25 FT. (proposeo woop beck) UNIT No.35 50.56 FT. exstine wooo Deck) 45.25 FT. (proposeo wood DECK) UNIT No.37 50.80 FT. cexisting wooo DECK) 45.25 FT. (proposen woop O&CK) UNIT No.39 50.68 FT. cexistin¢ wooo DECK) 45.25 FT. (proposep woop DECK) UNIT No.41 50.78 FT. (existing woop Deck) 45.25 FT. (propose wood Eck) UNIT No.47 50.74 FT. (existinc wooo Deck) 45.25 FT. (proposeo wooo Deck) UNIT No.49 50.77 FT. (exstinc wooo DECK) 45,25 FT. (proposeo wooo beck) UNIT No.36 50.34 FT. (existinc wooo DECK) 44.48 FT. (proposeo wooo DECK) UNIT No.34 49.28 FT. (existing wooo DECK) 43.25 FT. (pRoPoseo wood DECK)

DAVID SAMSON ARTHUR S, GOLDSTEIN’ ARMEN SHAHINIAN* BRADLEY M. CAMPBELL, THOMAS R, O'BRIEN’ GAGE ANDRETTA* DANIEL A. SCHWARTZ" KAREN L. GILMAN KENNETH N, LAPTOOK" FREDRIC P. LAVINTHAL, DAVID M. HYMAN’ DAVID L. SCHLOSSBERG ROGER J. BREENE DAVIO N. RAVIN’ BERNARD S. DAVIS HOWARD J. SCHWARTZ" PAUL M. COLWELL, ROBERT E. NIES MORRIS BIENENFELD™ DENNIS M. TOFT JEFFREY M, GUSSOFF* JOHN F. CASEY WOLFF & SAMSON pc COUNSELLORS AT LAW Tre Orrices at CrysTat LAKE One Botanp Drive West OrancGe, New Jersey 07052 973-325-1500 TELECOPIER: 973-325-1501 JAMES 0. FERRUCCI JOHN M. SIMON JOHN A. MCKINNEY, JR, STEPHEN L. FERSZT- LAURENCE M. SMITH WILLIAM E, GOYDAN* DARRYL WEISSMAN" PETER E. NUSSBAUM LORI GRIFAY MICHELLE A. SCHAAP. ADAM K. DERMAN ANOREW SAMSON" ADAM P. FRIEDMAN" SCOTT D. BARON® MITCHELL S. BERKEY* CATHERINE P, WELLS. JONATHAN BONDY- MICHAEL A. JANKOWSKI" DANIEL M. MURPHY" ROBERT H. CRESPI’ JUNIE HAHN" JOSEPH TRIPODI" NEW YORK OFFICE: 140 BROADWAY FORTY-SIXTH FLOOR NEW YORK, NEW YORK 10005 212.973.0872 PHILADELPHIA OF FICE: TWO PENN CENTER, SUITE 1310 1300 JOHN F. KENNEDY BOULEVARD. PHILADELPHIA, PENNSYLVANIA 19102 215-567-2878 WWW,WOLF FSAMSON.COM WRITER'S E-MAIL: DErem@WolfSamson.com WRITER'S DIRECT DIAL: 973-530-2087 WRITER'S TELECOPIER: 973.530-22 MEMBER NJ AND NY BARS MEMBER NJ AND PA BARS. ‘MEMBER PA AND NY BARS, IMEMBER NJ, NY AND PA. MEMBER NY BAR ONLY MEMBER PA BAR ONLY ‘REGISTERED PATENT ATTORNEY MARTIN L. WIENER (1942 - 2002) November 27, 2006, Susan Borg, ‘A‘l!C:P5 P.P.. A.LA. Planning Director’ * Planning and Development ‘ Township of West Orange 66 Main Street West Orange, New Jersey 07052 Re: Normandie Estates Block: 166.13; Lot 1 Dear Ms. Borg: Enclosed please find the tax certification foy DME:ds_ oo: ““Doriséinh' Markowitz “+ John Simon; Esq + i % George P. James, P.E. AARON D. BASSAN ROXANNA E, HAMMETT LAUREN M. O'SULLIVAN JOSEPH ZAWILA THOMAS W. SABINO HOWARD K. UNIMAN* STEVEN S. KATZ" JUNE S, MELLER™ BARBARA 8, MANAHAN JILL 0. ROSENBERG" ANDREW S. KENT" ERIC J. LEVINE ORIT F. KRESSEL* COUNSEL CARL B. LEW RHONDA CARNIOL* BARBARA S. HUTCHEON ANDREW D. ELLIS ROBERT T. CARLTON, JR." KLAUS P. STOFFEL“ STEPHEN M. ASPERO* DAVID E. WOLFF OF COUNSEL JOSEPH A. DICKSON DONNA M, EREM JOSEPH MONAGHAN SaRy ©. SCHULER™ CARLOS G. MANALANSAN MYRNA BLUME DANIEL D. BARNES" RONALD L. ISRAEL* ARTHUR M, NALBANDIAN" WILLIAM R. FINIZIO JOHN 0.

LFF OF COUNSEL JOSEPH A. DICKSON DONNA M, EREM JOSEPH MONAGHAN SaRy ©. SCHULER™ CARLOS G. MANALANSAN MYRNA BLUME DANIEL D. BARNES" RONALD L. ISRAEL* ARTHUR M, NALBANDIAN" WILLIAM R. FINIZIO JOHN 0. LUKANSKI* DIANA L. BUONGIORNO CHRISTOPHER NUCIFORA THOMAS J. TRAUTNER™ LINDA D. SULLIVAN" JENNIFER R. JACOBUS, JOSHUA M. LEE KAREN L. SHAMIR RANDLLYNN SMALLHEER* TODD W. TERHUNE ELIE FINK? SHANNON L. KEIM MARGARET O'ROURKE WOOD DENISE J. PIPERSBURGH" RUSSEL D. FRANCISCO* NICOLE F. DIMARIA DANIEL T. MeKILLOP SCOTT E. LINSKY" KATHRYN E. SONG" KIRAN V. SOMASHEKARA ELIZABETH J. MAZZA LORYN M. LAWSON" RACHELC, MAIO SCOTT J. GOLDSTEIN" JOSHUA M, GAFFNEY? MELISSA A. SALIMBENE™ JONATHAN L, CASSADY. SAUL STEIN" NANCY A, DEL P12z0* DARREN GRZYB" BETH ROTENBERG PLEASE REPLY TO WEST ORANGE above-referenced property.

“s eOWNSR,S 4 wy JOHN F. McKEON Mayor JOSEPH ANTONUCCI Tax Collector PLANNING BOARD BOARD OF ADJUSTMENT BLOCK /G6. [3 LOT / NAME Vari ous appress VOV/9US SEWER CHARGES pu a TOWNSHIP OF WEST ORANGE 66 MAIN STREET, WEST ORANGE, NJ 07052 TAX COLLECTOR Tel: (973) 325-4075 Fax: (973) 736-8380 DATE Nov. al 200 all wit except Cox07 This is to state that the taxes on the above mentioned property are/ame=fSt paid to date until //3lfo7 Gpetph feantencce: Joseph G. Antonucci, Tax Collector

SCHEDULE OF REAR YARD SETBACKS UNIT No. EXISTING SETBACK PROPOSED SETBACK UNIT No.1‘ 50.49 FT. (exisTine wooo DECK) 45.25 FT. (PROPOSED wooD DECK) UNIT No.3 50.57 FT. (existing wooo DECK) 45.25 FT. (proposeo wooo o&CK) UNIT No.9 50.48 FT. (existi¢ wooo DECK) 45.25 FT. (proposep woo DECK) UNIT No.11 50.56 FT. ¢existinc wooo peck) 45.25 FT. (proposed wood o€ck) UNIT No.15 50.59 FT (existing wooo DECK) 45.25 FT. (proposeo wooo DECK) UNIT No.17 50.66 FT. (existinc wooo peck) 45.25 FT. (proposeo wooo DECK) UNIT No.23 50.68 FT. (existe wooo o&cx) 45.25 FT. (proposeo woop oECK) UNIT No.25 50.60 FT. (existinc wooo o&cK) 45.25 FT. (proposeo woon peck) UNIT No.27 50.74 FT. (existinc woop DECK) 45.25 FT. (proposeo woop DECK) UNIT No.29 50.80 FT. (exists wooo beck) 45.25 FT. (proposeo wood DECK) UNIT No.35, 50.56 FT. (existing wooo peck) 45.25 FT. (proposed wooo DECK) UNIT No.37 50.80 FT. (existinc wooo peck) 45.25 FT. (proposep wooo ofcx) UNIT No.39 50.68 FT. (existnc wooo DECK) 45.25 FT. (proposep wooo DECK) UNIT No.41 4 50.78 FT. (existe wooo oeck) 45.25 FT. (proposep wooo OfcK) UNIT No.47 50.74 FT. (existinc wooo DECK) 45.25 FT. (proposed wood DECK) UNIT No.49 50.77 FT. (existinc wooo DECK) 45.25 FT. (proposep woop DECK) UNIT No.36 50.34 FT. (existinc wooo DECK) 44.48 FT. (proposep wooo oeck) UNIT No.34 49,28 FT. (existinG wood DECK) 43.25 FT. (pROPOSED WOOD DECK)