6 Merrywood Dr Resolution rcd 5 19 2026

FINAL — V1 — 1.16.24 31. Regarding the "substantial impairment" prong of the "negative" criteria, the Board finds that the proposal poses no substantial impairment to the purpose and intent of the Township's Master Plan and the applicable provisions of the Ordinance for the following reasons. First, the Board recognizes that the intent of the Ordinance’s: (i) front-yard setback requirements is to preserve the aesthetic of streetscapes by keeping structures at a sufficient distance from roadways; (ii) lot coverage limitations is to mitigate the risk of flooding and noxious stormwater runoff onto neighboring properties; and (iii) prohibition on the location of garages within a front yard is, similar to that of the Ordinance's front-yard setback requirements, to preserve the aesthetic of streeiscapes by keeping structures at a sufficient distance from roadways. Here, the Board finds that such intent would not be substantially impaired by the granting of the relief requested here because (i) Merrywood Drive is an irregularly-configured, private street that already features dwellings and other structures that are situated relatively close by and the proposal's impact to the overall streetscape aesthetic would not be substantial, and (ii) the proposed increase in lot coverage would be mitigated by the proposed upgrades to the Property's stormwater management system, thus substantially reducing the risk of flooding and runoff onto neighboring lots. 32. Accordingly, based upon the foregoing, the Board thus finds that the Applicant has demonstrated an entitlement to the requested items of bulk variance relief, pursuant to, and by establishing the "positive" and "negative" criteria under, N.J.S.A. 40:55D-70(c)(2). WHEREAS, the Board acted on this application at its meeting on December 21, 2023 and this Resolution constitutes a Resolution of Memorialization of the action taken in accordance with N.1.S.A. 40:55D-10(g); NOW, THEREFORE, BE IT RESOLVED by the Zoning Board of Adjustment of the Township of West Orange, on the __ day of. , 2024, that the application of ERIC