22 2024 11 21 Zoning Board of Adjustment Resolution ZB 24 07

FINAL (Revised) — V1 —11.20.24 DECISION 31. After reviewing the evidence submitted, the Board, by a vote of six (6) to one (1), finds that the Applicant has satisfied its burden of proving an entitlement to the requested minor site plan approval and (d)(1) use variance relief. Minor Site Plan Approval 23. As it relates to the Applicant's request for minor site plan approval, the Board first notes that, in evaluating such a request, the MLUL requires a land use board to consider the development plan provided by an applicant, and to grant site plan approval if the detailed drawings, specifications, and estimates of the application conform to the standards established by ordinance for final approval, pursuant to N.J.S.A. 40:55D-50(a). 24. Here, the Board finds that the Applicant has demonstrated sufficient compliance with the Township's Minor Site Plan requirements, as set forth in Section 25-51.6 et seq. of the Ordinance, and, as such, that good cause exists to grant the Applicant minor site plan approval, with the requested variance relief detailed below. Statutory Parameters for Variance Relief 25. Regarding the Applicant's request for (d)(1) use and bulk variance relief, the Board first notes that to establish an entitlement to any variance relief under N.J.S.A. 40:55D-70, an applicant must demonstrate the "positive" and "negative" criteria applicable to the type of relief requested. d)(1) Use Variance Relief 26. Regarding the Applicant's requested items of (d)(1) use variance relief — to permit an accessory dwelling use — the Board notes that, for variance relief pursuant to N.J.S.A. 40:55D- 70(d)(1) specifically, the "positive" criteria for such relief is established by a showing of "special