PB 24 16 350 Mount Pleasant Avenue Essex Country Club West Orange Planner Report 8 27 2024

August 27, 2024 Page 7 of 13 PB-24-16 350 Mt. Pleasant Avenue Block 156, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Site & Area Description Street Address: 350 Mt. Pleasant Avenue Block & Lot: Block 83, Lot 1 Zoning District: R-2 (One-Family Dwellings on 40,000-SF Lots) District Total Site Area: 176.83-acres Location Map Location Map – The property in question is outlined in red on the Google aerial map above. The location of the pool house is outlined in yellow. The subject site is located on the southwestern corner of the intersection of Mt. Pleasant and Prospect Avenues. Surrounding the site are a mix of residential and commercial uses. Prospect Ave. Mt. Pleasant Ave. Old Indian Road Prospect Valley Way

August 27, 2024 Page 8 of 13 PB-24-16 350 Mt. Pleasant Avenue Block 156, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Photo Survey Photo 1: View of the subject property located at 315 350 Mt Pleasant Ave. Highlighted in yellow is the location of the proposed open-air structure.

August 27, 2024 Page 9 of 13 PB-24-16 350 Mt. Pleasant Avenue Block 156, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Photo 2: View from the north showing the entrance to the pool area. It is situated between the inground pools. Photo 3: View from the south showing the rear of the existing pool house building that will be renovated and the pool.

August 27, 2024 Page 10 of 13 PB-24-16 350 Mt. Pleasant Avenue Block 156, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Photo 4: View from the south showing the smaller inground pool and the existing staircase where a new ADA ramp will be installed. Photo 5: View from the south showing the rear of the existing pool house building that will be renovated and the pool along with the existing canopies.

August 27, 2024 Page 11 of 13 PB-24-16 350 Mt. Pleasant Avenue Block 156, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Planning Considerations The subject site is located within the R-2 (One-Family Dwellings on 40,000-SF Lots) District. Among the permitted principal uses in this district are: ● One-Family Detached Dwellings ● Water Reservoir, Well Tower, Filter Bed ● Federal, State, County or Township Buildings ● Golf Course and Golf Club House ● Farm, Nursery, Greenhouse and Similar Uses ● Hospitals ● Senior Citizens Housing Projects (as defined in Sect. 25.4) The chart below has been created to identify bulk deficiencies. Required Standard Permitted Proposed Variance Required Use Golf Course & Customary Accessory Buildings and Structures Golf Course Accessory Buildings (Accessory structure and pool house)) No Min. Lot Area 40,000-SF 176.8 acres No Max. Building Height (Stories / Feet) 2.5-Stories / 35-Feet 33.25 feet (Existing pool house) No / No Max, Accessory Structure Height 15-feet 17.8 feet Yes Min. Front Yard Setback 35-Feet 13-feet No Min Side Yard Setback 20-Feet (Each Side) East Side: 65-Feet No Min. Side Front Yard 35-Feet 65-feet No Min Rear Yard Setback 45-Feet 65-Feet No

August 27, 2024 Page 12 of 13 PB-24-16 350 Mt. Pleasant Avenue Block 156, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Max. Building Coverage 20% 1% No Max. Lot Coverage 30% 7.1% No Planner’s Comments The applicant proposes to renovate an existing 1-story structure on the subject site, which has been used as a pool house. The improvements to the pool house include the expansion of the covered walkway, construction of an open-air covered bar area along with a grill area, expansion of the existing patio, and construction of pergola with seating underneath. The existing golf course, pool house and proposed accessory open-air structure are permitted in the R-2 zone. As detailed above in the Project Description, the existing pool house building will have a new open- air structure where its visibility from the street will be obscured by landscaping in the existing parking lot. Standards for Granting Variance Relief C - (Bulk) Variances The Municipal Land Use Law (MLUL) at N.J.S.A. 40:55D-70c sets forth the standards for variances from the bulk regulations of a zoning ordinance. C(1) Variance - The Board must find that there is either undue hardship or practical hardship with the strict application of the zoning requirements as stipulated in the Zoning & Land Use Regulations, as a result of: exceptional narrowness, shallowness or shape of a specific property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon. C(2) Variance – The Board must find that the proposed deviation from the Zoning & Land Use Regulations will advance the purposes of the MLUL and that the variance can be granted without substantial detriment to the public good, that the benefits of the deviation would substantially outweigh any detriment. The benefits identified in granting a C(2) variance must include benefits to the community as a whole, not only the applicant or the property owner. Here too, the Board must be satisfied that the variance can be granted “without substantial detriment to the public good” and “without substantial impairment to the intent and purpose of the zone plan and zoning ordinance” of the Township.

August 27, 2024 Page 13 of 13 PB-24-16 350 Mt. Pleasant Avenue Block 156, Lot 1 105 Grove Street, Suite 3, Montclair, NJ 07042 ∙ Phone: (973) 954-2677 ∙ www.NishuaneGroup.com Excessive Height of an Accessory Building (Open Air Structure) – Whereas a maximum building height of 15-feet is permitted, the applicant proposes a height of 17.8-feet for the proposed halfway house. However, the existing structure is non-conforming with a height of 15.5 feet. As indicated earlier, the location of the proposed open air structure is such that it will be obscured from a direct view from the street frontage, making the additional height not as apparent. Notwithstanding this however, the applicant should provide testimony as to the need and justification for the proposed increased height. Recommended Conditions of Approval Should the Board be inclined to grant the requested variance relief in full or in part, or to approve the accompanying site plan, the following are recommended conditions that should be placed on the approvals. 1. The applicant shall comply with all conditions provided by the Board Engineer. 2. The applicant shall provide testimony as to the need and justification for the proposed increased height of the accessory buildings, over the maximum height permitted. 3. The property survey provided is outdated. The applicant shall provide an updated property survey. 4. As per West Orange Code §202-29.2C(8) the scale and north sign and key map relating the site to the streets in the surrounding area is required. The applicant shall update the plans with the required north sign.