PB 25 09 Perez Minor Subdivision Draft Resolution

17. The Application requires the following variance relief from the Board: SECTION/REQUIREMENT PERMITTED/REQUIRED PROPOSED 25-7.1 7,500 sq. ft. of lot area for two-family dwelling 5,000 sq. ft. (both lots 58.01 and 58.02) 25-7.1 Minimum lot width of 75ft for two-family dwelling 50 ft lot width (both lots 58.01 and 58.02) 25.7.1 8 ft. side yard setback 2 ft. (for lot 58.02- existing house) 25.71 30 ft. front yard setback 16.71 ft. (for lot 58.01- pre- existing lot 58.02) 18. N.J.S.A. 40:55D-47 a. and b. and N.J.S.A. 40:55D-50a. govern the Board’s review of the preliminary and final subdivision application. N.J.S.A. 40:55D-47a. provides that an “ordinance requiring approval of subdivisions by the planning board may authorize the planning board to waive notice and public hearing for an application for development if the planning board … finds that the application for development conforms to the definition of ‘minor subdivision’” and “Minor subdivision of approval shall be deemed to be final approval of the subdivision by the board; provided that the board … may condition such approval on terms ensuing the provision of improvements pursuant to N.J.S.A. 40:55D-38, N.J.S.A. 40:55D-39, N.J.S.A. 40:55D-40 and N.J.S.A. 40:55D-53. N.J.S.A. 40:55D-46a further provides that “The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.” N.J.S.A. 40:55D-50a. provides that final approval of major subdivisions “shall” be granted if the detailed drawings, specifications, and estimates of the