PB 24 01 West Essex Highlands Inc Draft Resolution

2. The requested variance for exposure of the foundation wall satisfies the c (1) criteria as the exposed foundation wall is necessary due to the topography of the property and presents a better alternative than more extensive excavation to bring the foundation walls into compliance and also satisfies the c(2) criteria because the benefits of providing affordable housing and the public need for economically suitable housing outweighs the relatively modest design exception. 3. As to the requested RSIS waivers, the Board finds that the request for a removal of a sidewalk on a small section of the property is a di minimus exception that should be granted as the inclusion of a sidewalk on both sides is impractical and serves no planning purpose as the overall project is bicycle and pedestrian friendly with well- marked and lighted crosswalks on the site itself (but not as to the only road that leads into the development). 4. The request for closure of Kuzik Drive access is denied as the Board finds the closure does not satisfy the criteria to allow a di minimis exception. Closing access to Kuzik Drive, except for emergency vehicles, would result in Warner Road being classified as a multi-family cul-de-sac and there would be an excess of 1,000 average daily trips over recommended traffic counts. 5. A majority of the Board; however, did not find that the benefits of the project outweighed any negatives and further found that significant public health and welfare issues that would damage the community existed. Specifically, half of the voting board members found that there were significant public safety issues to the proposed project as they were concerned about internal traffic inside the complex because it has only one true ingress and egress point, even with the opening of Kuzik Drive, and as such