Ms. Bogart outlined a number of planning issues and described several environmental concerns, ordinance and resolution deviations, zoning issues, and other areas that must be addressed. Reference was made to a number of planning board resolutions including PB-89-49 (item 44). This mentioned that “the applicant has consented to amend its application for said 129 units (from 140 in a February 11, 1988 agreement) and assuming that this subdivision is fully approved by the Planning Board and all other governmental agencies with jurisdiction and building permits are authorized for 129 lots, then the applicant agrees that there will be no further subdivision of this site in the future and the Planning Board imposes this requirement as a condition of this preliminary approval and its ultimate final approval”. Mention was also made in this resolution of deeding property to the Borough.
Ms. Bogart goes on to mention Resolution PB-93-52 (item 26) in her report. This mentioned “The Cedar Park nominees shall dedicate to the Borough for park and/or conservation purposes approximately 9 ½ acres of a portion of land to be retained by the Cedar Park nominees, which acreage shall consist of 2 ½ acres outside the flood plain and wetlands and approximately 7 acres of lands located in a portion of the area designated as either flood plain or wetlands”. Ms. Bogart advises that it appears that “several proposed buildings would be in the area that was identified as the 2 ½ acres of uplands dedicated to the Borough of Paramus”.
This property is located in the RML Mount Laurel Residential district. The area in question has already been developed with 140/129 dwelling units in accordance with the borough’s adopted ordinance. “The agreement, and resulting zoning district, stipulated that a maximum of 140 units could be constructed… therefore, the application would provide development well in excess of the permitted 140 units”. While the applicant mentions a “conservation easement”, it is noted that “the ordinance for the RML zone district identifies the entire portion of the site proposed for development for a conservation area”.
http://app3.websitetonight.com/projects/2/7/1/0/271076/uploads/burgisreport.pdf
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