Crestmont ZBA Application Package 72224

RS Law Offices of 75 Main Street, Suite 204 Rick@SchkolnickLaw.com Millburn, NJ 07044 Richa rd Schkolnick, LLC SchkolnickLaw.com 973-232-5061 July 22, 2024 VIA Lawyer’s Service Overnight Delivery and Email Diana Chandier, Secretary Zoning Board of Adjustment Township of West Orange 66 Main Street, Room 214 West Orange, NJ 07052 Re: Crestmont Country Club 730 Eagle Rock Avenue Block 174, Lot 1.01 Dear Diana: This Firm represents Crestmont Country Club, Inc. In support of Crestmont’s application for minor site plan approval and a ‘d’ variance to install a 1248 square foot modular house for use by seasonal employees in the northeast corer of the Country Club property, enclosed please find one original and five additional sets of the following: 1. Application Form with original signature. 2. Project Narrative and Planning Report, dated July 8, 2024 (signed/sealed by Lisa Phillips, PP.). 3. Site Plan Checklist. 4. Sustainability Checklist Form (waiver sought). 5. Site plan waiver Request Letter, prepared by Van Cleef Engineering, dated April 9, 2024. 6. Verification of Taxes and Sewer Charged Paid, dated July 18, 2024, 7. Buffer Report (property owners list), dated June 27, 2024.

Diana Chandler, Secretary Page Two July 22, 2024 8. Buffer Report/200’ list (Roseland), dated April 5, 2024. 9. Buffer Report/200” list (Livingston), dated June 27, 2024. 10. W-9 form. 11. Photo/floor plan of proposed dwelling (2 sheets). 12. Planning Board Resolution for site plan application PB 23-06, dated July 19, 2023 (pickle ball courts). Additional, prior resolutions that are not relevant to the present application are available upon request. 13. Site Plans (6 sheets), prepared by Van Cleef Engineering, dated April 9, 2023. Please note that we have requested a submission waiver related to the Sustainability Checklist, as we do not believe it is relevant to this matter. Per our discussion, please note that we have previously submitted an application fee of $487.44 and $2500.00 for escrow. I have eclosed an additional check for $150.00 for the “d” variance application fee for a non-owner occupied single family dwelling. The Applicant is submitting an electronic copy of this application and is therefore requesting a waiver of the digitizing fee. Please advise if any additional fees are required. The property is located in the Township’s R-2 zone. Golf courses and single family homes are permitted uses in this zone. To the extent required, we request a d-1 (use) variance, from Section 25-8.12, which provides that there shall be no more than one principal use upon any single lot. Alternatively, in its June 21 review letter, the Nishuane Group states that the proposal is an accessory use that is not permitted in the zone, and concludes that a d-1 variance is thus required. We will ‘notice’ for such a variance as well. However, we note that N.J.S.A. 40:55D-70(d)(1) requires 4 ‘d’ variance only for a use or principal structure that is not permitted in a zone, not an accessory use or structure. Thank you for consideration of this matter. Very truly yours, Richard §. Schkolnick RSS/Ip Enclosures

TOWNSHIP OF WEST ORANGE APPLICATION FORM FOR THE PLANNING BOARD OR ZONING BOARD OF ADJUS A. APPLICANT INFORMATION Full Legal Name: Crestmont Country Club, Inc. (Last) (First) Mailing Address: 750 Eagle Rock Avenue. __ (Street) (City) West Orange (StateNJ (Zip)07052 Telephone Number: (973_)232-5061 (attorney )Email: tick@schkolnicklaw.com Is the Applicant an: J Individual, 4 Corporation, [] Partnership Other_X - 501C7_ Not for Profit Ifthe Applicant is a corporation or partnership, a list of the names and addresses of persons having a 10% interest or more in the corporation or partnership must be attached. **See attached disclosure Relationship of the applicant to the property: Owner, Tenant or Lessee, 1 Purchaser under contract ( with consent of owner, CJOther (please specify) If the applicant is not the owner of the property in question, the applicant must submit an affidavit with the owner(s) authorization te proceed with this process. B. PROPERTY OWNER INFORMATION O Check here if same as applicant. If the owner is not the applicant, please complete the following: Owner’s Name: Same as applicant — Address: Telephone Number: ( ) Email: _C.PROPERTY INFORMATION Street Address: 750 Eagle Rock Avenue, Block Number(s): 174, ; Lot Number(s): 1.01 3 Tax Plate: ; Zone of Property : R-2 The location of the property is at intersection of Eagle Rock Avenue and Laurel Avenue. and. (closest intersection .) Has there been any previous Zoning Board of Adjustment or Planning Board hearings involving this property? X Yes, Date(s); See attached resolutions of approval : No Iftyes, please attach copies of the written decisions adopted by the Board to each application. o ee Please attach a list of all contiguous or adjacent property owned by the applicant or owner. ONone Is this property listed in “The Historic Sites Survey” prepared by Robert Guter 7/9/1992 C1 Yes EI No TAPLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.doc Ws

D. TYPE OF APPLICATION Indicate the type of application being submitted, check all boxes that apply. Note that more than one variance may be necessary, please indicate the number of each type needed: 1) C1 Interpretation of ordinance or map. 2) O Appeal of action of Zoning Officer. 3) O) Variance “C1” Reason: 0 shape of property; 9 physical features; C1 exceptional situation. 4) O Variance “C2”. 5) & Variance “D”. D-1 use variance 6) O Subdivision without variances: O major; minor; O preliminary; 1 final; Opreliminary and final. 7) O Subdivision with variances: CJ major; minor; 0 preliminary; (1 final; Opreliminary and final. 8) Kd site Plan: 0 preliminary; o final; Opreliminary and final; D with variances; CAvithout variances. 9) ClAmended Site Plan. Minor site plan 10) [] Conditional Use. 11) O Conceptual. 12) (1 Home Professional Office. 13) (4 Home Occupation. 14) 1 Soil Removal Permit. Please list the specific Sections of the Ordinance for which a variance is sought. If additional space is required, please attach a list. oo Proposal is to install a 1,248 s.f. modular dwelling Section: 25-24.2b.1c; Proposed: Residential; Description: unit on the Crestmont Ccuntry Club property. Use Section: ; Proposed: ; Description: Section: ; Proposed: ; Description: Section: ; Proposed: ; Description: ‘E. DESCRIPTION OF PROPERTY Existing Use of the Property Country Club/Golf course Briefly describe the major elements of your proposal: (a more detailed description is required in Section G.) Proposal is to install a 1,248 square foot, three bedroom modular house for seasonal workers. See attached narrative statemen{ 4g _7 acres Irnper ves Surface Coverage: Present: 5.726% a ; Proposed: 6.76% no change Ges) Building Coverage: Present: 18 87% ; Proposed: 18.87% no change Is the property located: Within 200 feet of another municipality? % Yes No Adjacent to an existing or proposed county road? XX Yes 1 No Adjacent to other county land? O Yes cf No Adjacent to a state highway? & Yes No as TAPLANNING.BRD\Document Librars\PB-2BA Application 3-15-18.toe

FLEXPERTS | The following information is respectfully requested to enable the Board to facilitate the processing of this application: APPLICANT’S ATTORNEY: Richard Schkolnick, Esq. Telephone Number: @73 ) 232-5061 Email: _Tick@schkolnicktaw.com Address: Law Offices of Richard Schkolnick, 75 Main Street, Suite 201, Millburn, NJ 07041 APPLICANT’S ENGINEER : Yan Cleef Enginering Associates, LLC 5 . jbash@vancleefengineering.com Telephone Number: (509 5689-1100 Email: Address: 4 AAA Drive, Suite 103, Hamilton, NJ 08691 APPLICANT’S ARCHITECT: Telephone Number: ( ) Email: Address: APPLICANT’S PLANNER _ 10 be determined Telephone Number: ( ) Email: Address: OTHER EXPERT(S): - ~Felephone-Number: ceo tee nee te tee ee ere Bil ene ceeiideenes Address: If necessary, please list any additional experts below, including address, telephone number and email address. TAPLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.dae WS

GS, REQUIREMENTS FOR VARIANCES 4A) Please attach a written statement labeled “PROPOSAL”, describe the major elements of your proposal, and describe in detail the physical and use changes proposed. «gee attached narrative statement 4B) Please attach a written statement labeled “REASONS FOR RELIEF”, which fully answers 4C-1, 4C-2 or 4D (Special Reasons) AND part 4E (Negative Criteria). *“See Attached Project Narrative and Planning Report 4C-1) (For Cl variances only) The strict application of the provisions of the Zoning Ordinance would result in the peculiar and exceptional practical difficulties or exceptional undue hardship under N.J.S.A. 40:55D- 70c(1). List in detail wherein this case conforms to this requirement, including, if applicable, reference to the exceptional narrowness, shallowness, or shape of the property, or the exceptional topographical conditions affecting the property which applicant contends warrants the granting of the variance. ** See attached narrative statement 4C-2) (For C2 variances only) State how the purposes of the Municipal Land Use Law would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment according to N.AS.A 40:55D-70c(2). Please list all benefits of the deviation to the Township and any adverse effects. State how the benefits of the deviation would subsiantially outweigh any detriment to the Township. Not Applicable 4D) — (For D variances only) State the special reasons under N.J.S.4 40:55D-70d affecting this property. **See attached Project Narrative and Pianning Rpt. 4E) ‘The granting of this variance will not be substantially detrimental to the public good and will not substantially impair the intent of the zone plan and zoning ordinance. List in detail the reasons, among others, why the variance can be granted without being materially detrimental to the welfare of the community or injurious to the property or improvements of others in the neighborhood and zone. H. PLAT SUBMISSION 4F) Please list all maps and other exhibits accompanying this application. Attach an additional sheet if necessary. ITEM SIGNED BY DATE/REVISION ‘Site Plans (6 sheets) Van Clee? panies A BIaSh, FE. last revised 4/9/24 Engineering I NOTICE Applicant is responsible to publish and serve notice of this application in accordance with Zoning Board

‘Site Plans (6 sheets) Van Clee? panies A BIaSh, FE. last revised 4/9/24 Engineering I NOTICE Applicant is responsible to publish and serve notice of this application in accordance with Zoning Board of Adjustment/Planning Board requirements; however, notice may not be served until this application is certified as complete and the administrative officer has assigned the applicant a public hearing date. TAPLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.dae WS

J. VERIFICATION AND AUTHORIZATION SIGNATURE IS REQUIRED FOR ALL OF THE FOLLOWING: APPLICANT’S VERIFICATION I hereby certify that the above statements made by me and the information contained in the papers submitted in connection with this application are true. I am aware that if any of the foregoing statements are willfully false, | am subject to punishment. Applicant’s a wo Date: y the hy ole a -_ CONTINUANCE Should the Planning Board/Zoning Board of Adjustment have a full and heavy agenda, or discussion and meeting regarding this application requiring carrying the matter past the statue time limit, the applicant grants permission for such an extension. Applicant’ s sowie <1 . Date: Z/ of 2 OWNER’S AUTHORIZATION — MUST BE SIGNED Thereby certify that bersistecn bY” business address is 750 Eagle Rock Avenue, West Orange, NJ 07052 in the County of __Fssex and the State of New Jersey ;and that I am the owner ofall that certain lot, piece or parcel of land known as Block(s) 174. :Lot(s) 1.01 onthe Tax Map of _West Orange. which property is the subject of the above application, and that said application is hereby authorized by me. Furthermore, I authorize inspection of the site which is the subject of this application. Owner’s ee a Wii Date: TZ Piubiz Crestmont Country Club THIS APPLICATION DOES NOT RELIEVE THE APPLICANT FROM COMPLYING WITH OTHER TOWNSHIP ORDINANCES SUCH AS THE TREE REMOVAL ORDINANCE AND OBTAINING THE NECESSARY APPROVALS AND PERMITS UNDER SUCH ORDINANCES. TAPLANNING.BRD\Document Library\PB-ZBA Application 3-15-18.doc uA

PROJECT NARRATIVE AND PLANNING REPORT RELIEF SOUGHT/JUSTIFICATION FOR VARIANCES APPLICATION OF CRESTMONT COUNTRY CLUB 750 EAGLE ROCK AVENUE BLOCK 174, LOT 1.01 (JULY 8, 2024) INTRODUCTION AND PROPERTY DESCRIPTION The Crestmont Country Club has applied for a “d-1” use variance and minor site plan approval to install a 1,248 square foot modular house for use by seasonal employees in the northeast corner of the Club’s property located at 750 Eagle Rock Avenue in the R-2 zone. The 146.7 acre property is presently developed with a country club consisting, 0 of golf course, tennis courts, pickle ball courts and swimming pool. The zoning officer has determined that the proposed residence represents a second principal use on the property; not an accessory use associated with the golf club, therefore a “d-1” use variance is required. Residential uses are permitted in the R-2 Zone. PROPOSED DEVELOPMENT The proposal involves the installation of a modular dwelling which will be located in the northeast corner of the country club property, adjacent to the existing parking lot and the entry driveway from Eagle Rock Avenue. The dwelling is proposed to be placed in an area that is presently impervious and will not be on a permanent foundation. It will consist of one floor of living space including three bedrooms and two bathrooms. The country club intends to use the dwelling to house seasonal workers NEIGHBORHOOD DESCRIPTION The surrounding area on Eagle Rock Avenue and Ferris Drive is developed with detached residential dwellings. The closest dwelling is 500 feet to the east and 360 feet to the north. REQUESTED VARIANCE The proposed project requires a “d-1” use variance (Ordinance Section 25, Attachment 2) for the residential dwelling. Although residential uses are permitted as a principal use, the dwelling is proposed within a golf club, and therefore constitutes a second principal use on the property.

POSITIVE CRITERIA The R-2 zone permits the following uses: one-family detached dwelling; water reservoir; well tower; filter bed; federal state, county or township building; golf course and golf club house; farm, nursery, greenhouse and similar uses; and hospital. The Board has the power to grant the “d-1” variance pursuant to N.J.S.A. 40:55D-70d, where special reasons exist and the site is deemed particularly suited for the proposed use. The proposed dwelling, while technically a second principal use, will operate as an accessory function of the golf club. Additionally, the site’s substantial size (nearly 147 acres) allows for the proposed dwelling to be located in an area where there is presently parking and access to Eagle Rock Avenue. The need for housing, within an affordable range, is well known throughout northern New Jersey and is discussed in the Township Master Plan. By providing on site housing, the golf club has the ability to control the cost of rent to its workers, as well as eliminating the need for the workers to drive to and from the club each day. The proposal affirms the following goals of the master plan: “encourage appropriate residential development” and addresses much of the issues raised in the Sustainability Element of the Plan by eliminating the need for the seasonal workers to drive to and from the club each work day. The location of the dwelling addresses both the West Orange Master Plan, as well as the MLUL by creating a “desirable visual environment”. The location of the house is adjacent to an existing parking area and is located near another existing one story building so it will blend into the presently developed area easily. NEGATIVE CRITERIA The granting of the variances will not-resuli in a substantial detriment io the public good or impairment to the intent and purpose of the zone plan and zoning ordinance. The proposal is located 500 feet from the nearest residence to the east and 360 feet from the nearest residence to the north. It is not anticipated to generate more traffic than existing conditions at the country club and the existing parking area can accommodate the required parking spaces for the proposed dwelling. There is no negative visual impact of the proposed dwelling on surrounding properties. PARKING The RSIS (Residential Site Improvement Standards) requires 2.0 parking spaces for the three bedroom