410 Main Street Settlement Resolution

RESOLUTION Of the PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE AUTHORIZING SETTLEMENT BETWEEN THE PLANNING BOARD OF THE TOWNSHIP OF WEST ORANGE AND 410 MAIN STREET HOLDINGS, LLC CONCERNING PROPERTY LOCATED AT 410 MAIN STREET, AUTHORIZING THE CHAIRMAN OF THE PLANNING BOARD TO EXECUTE THE SETTLEMENT AGREEMENT Adopted: September 9, 2026 WHEREAS, 410 Main Street Holdings, LLC (hereinafter “Plaintiff”) is the owner of property located at 410 Main Street, Block 113, Lots 262, 264 and 308 (hereinafter “the property”) in the Township of West Orange; and WHEREAS, the Planning Board of the Township of West Orange (hereinafter “the Board”) is a duly authorized Board performing the duties and powers of a planning board pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et. seq. (the “MLUL”); and WEHREAS, the Plaintiff filed an application to develop the property with a three (3)-story mixed-mixed use development consisting of an approximately 900 sq. ft. commercial unit, 12 residential units (with two units set aside as affordable housing), and 14 indoor parking spaces requiring bulk variances for front yard setbacks, side yard setback and rear yard setback, number of stories greater than permitted, building coverage greater than permitted, lot coverage greater than permitted and number of parking spaces less than required and site plan approval; and WHEREAS, the Board held public hearings on the Plaintiff’s application for development of the property over six dates and ultimately determined that the Plaintiff failed to establish the criteria required under the MLUL for variance relief and therefore denied Plaintiff’s