03022026_PB25 09 68 Whittlesey Ave Planning Review 1

Memorandum Page 6 of 7 236 BROAD STREET, RED BANK, NJ 07701 • TEL 732.741.2900 • FAX 732.741.2929 • MAIL@HGAPA.COM • www.HGAPA.com f. Tree Requirements: The proposed subdivision indicates the removal of several trees, but no tree replacement plan or approval from the Township Forester is provided in the application materials, as required per § 28-4. The Applicant must submit a Tree Removal and Replacement Application, a tree replacement plan, and a Tree Removal Neighbor Notification Form. g. Building Design: Per §25-9.7a, no building permit shall be issued for any dwelling or residence to be erected in the R-5, R-6 or R-T District if the proposed dwelling is substantially alike in exterior design and appearance with any neighboring dwellings situated on the same or opposite sides of the street within 149 feet of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties. No architectural plans have been provided to determine compliance. We recommend the Applicant provide architectural floor plans and elevation drawings to determine compliance. h. Minimum Residential Area: Per § 25-9.8a7, two-family dwellings are required to provide a minimum of 1,100 square feet per unit. The space provided per unit of the proposed dwellings should be confirmed. i. Parking Requirements: To determine parking compliance, the Applicant should provide the number of bedrooms per proposed unit. If the number of bedrooms is not specified, the requirement of 2.5 spaces per unit shall apply, as per § 25-12.2a1, meaning that the proposed development will require five (5) off-street parking spaces for Lot 58.01 and five (5) off-street parking spaces for Lot 58.02. j. Subdivision Filing: Applicant should clarify if the subdivision is to be filed by plat or deed. If by deed, the legal and metes and bound description shall be approved by the Board Attorney and Board Engineer prior to filing. 7. Statutory Criteria: 1. The applicant requires relief for seven (7) c-variances for this application. The applicant shall provide testimony that demonstrates how the request for relief may be granted based on one of the standards provided in the MLUL at N.J.S.A. 40:55D-70c. It is the applicant’s responsibility to bear the burden of

timony that demonstrates how the request for relief may be granted based on one of the standards provided in the MLUL at N.J.S.A. 40:55D-70c. It is the applicant’s responsibility to bear the burden of proof. In order to satisfy the positive and negative criteria for each c variance enumerated above, the applicant should provide testimony that satisfies either the c(1) hardship criterion or c(2) flexible criterion as set forth in the MLUL. a. Positive criteria: There are two types of c variances - the c(1) hardship and the c(2) flexible variance.