PB 06 16 Normandie Estates Schindler Terrace

ee — WOLFF & SAMSON pc Ms. Maria Ab les Administrative Officer Township of West Orange July 18, 2006 Page 2 4. 11. 12. Twenty (20) copies of Schedule of Rear Yard Setbacks and Setback Chart (Exhibit C); Twenty (20) copies of Zoning Table (Exhibit D); Original and nineteen (19) copies of Tax Certification from the Township of West Orange (Exhibit E); Twenty (20) copies of Certified List of Property Owners within 200 feet from the Township of West Orange Tax Assessor (Exhibit F); Twenty (20) copies of Certified List of Property Owners from the Township of Livingston Tax Assessor (Exhibit G); Twenty (20) copies of the approving Resolution from the Planning Board dated March 5, 1986 (Exhibit H); Original and twenty (20) copies of Form W-9 (Exhibit |) Twenty (20) sets of engineering drawings submitted by Keller and Kirkpatrick dated May 12, 2006 (Exhibit J); ~ Twenty (20) copies of proposed Deck Sketch prepared by Top Notch Remodeling, Inc. (Exhibit K). Please advise as to the application fee and escrow deposit. Additionally, please advise as to whether this application will be listed for a work or technical review session. Thank DME:yc Encls. you for your continued courtesies. cc: Dorisann Markowitz (w/encls.) George James (w/encls.) John M. Simon, Esq. (w/o encls.)

-APPLICATION FORM F ee RI Full Legal Name Normandie Estates Condominium Association Tasty Tarsty Mailing Address Schindler Terrace West Orange New Jersey 07052 “Wireety (city) (state) (zip) Phone Number (973 )- 530 - 2047 (Wolff & Samson, PC Donna M. Frem, attorney) Is the Applicant: an individual , corporation » partnership , other_Condominium Association If the Applicant is a corporation or partnership, a list of the names and addresses of persons having a 10% interest or more in the corporation or partnership must be attached. Relationship of the applicant to the Property: owner_X__, tenant or lessee purchaser under contract (with consent of owner) , other (please specify) If the applicant is not the owner of the property in question, the applicant must submit an affidavit with the owner(s) authorization to proceed with this process. Check here if same as applicant. If the owner is not the applicant, please complete the following: Owner's Name Address Schindler Terrace West Orange, New Jersey 07052 Telephone Number (973) - 530 - 2047 (Wolff & Samson, PC Donna M. Erem, attorney) Street Address Block Number(s)—266:13 ; Lot Number(s) 1 _ Fi Tax Plate. ; Zone of Property_B-C Single Family/Townhouses The location of the property is approximately __ feet from the intersection of and (closest intersection) Have there been any previous Zoning Board of Adjustment or Planning Board hearings involving this property? &# Yes, Dates: 1986 . CONo Ifyes, please attach copies of the written decisions adopted by the Board to each application. See attached Please attach a list of all contiguous or adjacent property owned by the applicant or owner. ¥FNone

ING BOARD Indicate the type of application being submitted, check all boxes that apply. Note that more than one variance may be necessary, please indicate the number of each type needed. 1) O Interpretation of ordinance or map 2) O Appeal of action of Zoning Officer 3) Variance "C1" Reason: (shape of property; ® physical features; @ exceptional situation 4) ©. Variance "C2" 5) Variance "D" 6) Q Subdivision without variances O major; O minor; D preliminary; O final; 0 preliminary and final 7) Q Subdivision with variances 0 major; O minor; 0 preliminary; O final; O preliminary and final 8) O Site Plan O preliminary; 0 final; Ci preliminary and final; O with variances; O without variances 9) & Amended Site Plan 10)O Conditional Use 11) Conceptual 12) Technical Site Plan 13) Home Occupation Please list the specific Sections of the Ordinance for which a variance is sought. If additional space is required, please attacha list. Tableiof«District~Regulations) Section:____25-7.1_;Proposed: See_plans;Description; Rear yard setback required 50 feet 7 Section: 25°10.2d4 proposed: See_plans -nescription: Natural state buffer 50 feet , and chart . Section:_———_ Proposed: —___—_ ; Description: Section: ;Proposed: Description:

APPLICATION FORM FOR THE PLANNING BOARD OR ZONING Bi Existing Use of the Property _ Residential Briefly describe the major elements of your proposal (a more detailed description is required in Section 4, page See Proposal attached as Exhibit A The Property is (square feet) 7.8 (acres) Impervious Surface Coverage: Present: 21% Proposed: 21.2% Building Coverage: Present: 16% Proposed: 16% Is the property located: ithin 200 feet of another municipality? G Yes lo Adjacent to an existing or proposed county road? O Yes 43 No Adjacent to other county land? O Yes 8 No Adjacent to a state highway? 0 Yes No

APPLICATION FORM FOR THE PLANNING BOARD OR ZONING BOARD The following information is respectfully requested to enable the Board to facilitate the processing of this application: APPLICANT'S ATTORNEY __Conna M. Erem, Esq. Wolff & Samson, PC Phone Number ( 973) 530 - 2047 Address __One Boland Drive, West Orange, New Jersey 07052 APPLICANT'S ENGINEER George James, P.E, P.P Keller & Kirkpatrick Phone Number ( 973) 377 - 8500 Address _900 Lanidex Plaza, Parsippany, New Jersey 07054 APPLICANT'S ARCHITECT __N/A Phone Number ( Address ) APPLICANT'S PLANNER George James, P.E., P.P. Phone Number ( ) - Address . EXPERTS Phone Number ( Address dV If necessary, please list any additional experts below, include address and phone number.

4A) Please attach a written statement labeled "PROPOSAL," describe the major elements of your proposal, and describe in detail the physical and use changes proposed. 4B) Please attach a written statement labeled "REASONS FOR RELIEF," which fully answers 4C-1, 4C-2 or 4D (Special Reasons) AND part 4E (Negative Criteria). 4C-1) (for Cl variances only) The strict application of the provisions of the Zoning Ordinance would result in the peculiar and exceptional practical difficulties or exceptional undue hardship under N.J.S.A. 40:55D-70c(1). List in detail wherein this case conforms to this requirement, including, if applicable, reference to the exceptional narrowness, shallowness, or shape of the property, or the exceptional topographical conditions affecting the property which applicant contends warrants the granting of the variance. 4C-2) (for C2 variances only) State how the purposes of the Municipal Land Use Law would be advanced bya deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment according to N.J.S.A. 40:55D-70c(2). Please list all benefits of the deviation to the Township and any asl yetse effects. State how the benefits of the deviation would substantially outweigh any detriment to the Township. 4D) (for D variances only) State the special reasons under N.J.S.A. 40:55D-70d affecting this property. 4E) The granting of this variance will not be substantially detrimental to the public good and will not substantially impair the intent of the zone plan and zoning ordinance. List in detail the reasons, among others, why the variance can be granted without being materially detrimental to the welfare of the community or injurious to the property or improvements of others in the neighborhood and zone. 4F) Please list all maps and other exhibits accompanying this application. Attach an additional sheet if necessary. ITEM SIGNED BY DATE/REVISION Engineering Drawings George James, P.E., P.P. 5/12/2006 Sketch Plans for Decks Top Notch Remodeling, Inc.

Applicant is responsible to publish and serve notice of this application in accordance with Zoning Board/Planning Board requirements; however, notice may not be served until this application is certified as complete and the applicant has been assigned a public hearing date by the administrative officer.

APPLICATION FORM FOR THE PLANNING BOARD OR ZONING BOARD APPLICANT'S VERIFICATION Thereby certify that the above statements made by me and the information contained in the papers submitted in connection with this application are true. I am aware that if any of the foregoing statements are will fully false, Iam subject to punishment. Applicant's Signature y Bru Fearbonf, Date alt wpb Dorisann Markowitz, Memér, Board of Directors / 7 CONTINUANCE Should the Planning Board/Zoning Board have a full and heavy agenda, or discussion and meeting regarding this application requiring carrying the matter past the statute time limit, the applicant grants permission for such an extension Applicant's Signature Y [vel Kabondy ous Tao Dorisann Markowitz, Member, Board of Directors ’ * OWNER'S AUTHORIZATION Thereby certify that [reside at___ Normandie Estates in the County of _ Essex and the State of New Jersey : e@ and that | am the owner of all that certain lot, piece or parcel of land known as Block(s)_ 4 Lot(s) on the Tax Map of. which property is the subject of the above application, and that said application is hereby authorized by me. Furthermore, I authorize inspection of the site which is the subject of this application. Owner's Signature Soy iler Haabriite mclyhb Dorisann Markowitz, Member, Bégrd of Directors/” 7 THIS APPLICATION DOES NOT RELIEVE THE APPLICANT FROM COMPLYING WITH OTHER TOWNSHIP ORDINANCES SUCH AS THE TREE REMOVAL ORDINANCE AND OBTAINING THE NECESSARY APPROVALS AND PERMITS UNDER SUCH ORDINANCES. CHECK LIST FOR “C” AND “D” APPLICATIONS INTERPRETATIONS AND APPEALS 7

PROPOSAL Applicant is the condominium association (‘Association’) for Normandie Estates, which obtained Site Plan approval in 1986. (See Resolution attached as Exhibit H). The existing balconies attached to some of the approved units vary in size and the Association desires approval to allow unit owners to expand these balconies by five feet. (See Schedule of Rear Yard Setbacks attached as Exhibit C) Normandie Estates Condominium Association requests that amended site plan approval and variances be granted in order to allow the balconies to extend slightly into the rear yard setback. 1018519.1

REASONS FOR RELIEF Normnadie Estates Condominium Association requests relief from the strict enforcement of Section 25-7.1 entitled “Table of District Regulations” which requires a 50’ rear yard setback, and Section 25-10.2 d 4 which requires a 50’ natural state buffer contiguous to other residential zones. Positive Criteria: C-1: The site which is the subject of this application is triangular in shape, therefore irregular, and is currently fully developed with a town home complex. When the complex was initially approved in 1986, no variances were required and balconies were permitted to extend to the rear of the town homes. Due to the irregular shape of the lot, and the structures currently and lawfully existing on site, the only manner in which the balconies can be extended any further is to allow them to encroach slightly into the rear yard setback. In order for unit owners to take advantage of the provided open space, and utilize an area that currently provides little utility, the balconies need to be expanded. C-2: The extended balconies will allow unit owners to take advantage of light, air, and open space in an area which is now unreasonably constricted. Negative Criteria: The property is surrounded by dense buffer which would screen any activity on the balconies and would absorb any noise. Additionally, there are no homes or structures located in the vicinity of the buffer which would be affected by the slight expansion. Balconies or decks greater than 5 feet are an expected and accepted appurtenance to a town home and as such are recognized as a necessary amenity. Such expansion will increase the value of the complex as a whole and will have no detrimental effect upon the master plan or zoning ordinance. 1018519.1