Filing Letter to Board in Response to M Bennett Email with Exhibits 12 02 2024

December 2, 2024 Page 2 the Application at the December 4, 2024 hearing on two grounds. First, the Objector asserted that the Applicant is operating a “golf club” and a “private club” at the Property, which are two distinct uses under the Township Code. Based on this inaccurate assertion, the Objector concluded that the Application required a d(1) or d(2) variance which would place jurisdiction over the Application with the Township of West Orange Zoning Board of Adjustment (the “Zoning Board”). Second, the Objector alleged that the Legal Notice was defective because it did not apprise the public, with sufficient specificity, that the Applicant intended to sell alcohol at the proposed location. The Objector’s positions are legally and factually wrong for the reasons set forth below. A. Use of the Property The Objector does not fully articulate why she believes more than one use, a “golf club” and “private club”, are being operated on the Property. One can only assume it is because the Property contains structures other than a golf course and golf club house, such as the pool house, which is the subject of the Application. This fact, however, does not equate to the operation of two uses on the Property. To the contrary, one use operates on the Property, a “golf club”. i. Township Code The Township Code contains a table of permitted uses within all zoning districts in the Township. Section 25-7.1 Table of District Regulations Part A: Permitted Uses Table of District Regulations. With respect to the R-2 Zoning District, the Code provides in pertinent part the following: ZONE PERMITTED PRINICIPAL USES PERMITTED ACCESSORY USES PERMITTED CONDITIONAL USES R-2 Golf course and golf club house Customary accessory building Private club, other or structure than a golf club (Emphasis added) The Township Code expressly permits golf courses, golf club houses, and customary accessory buildings or structures associated therewith within the R-2 Zoning District, and expressly excludes “golf clubs” from the separate and distinct “private club” use group. Accordingly, on its face, the Objector’s position must fail. ii. Township Precedent and Customary Accessory Nature of Pool House Structure To further emphasize the permitted nature of the Applicant’s use, at least since 1978, a pool and pool house, among other accessory structures associated with the golf club,

e of Pool House Structure To further emphasize the permitted nature of the Applicant’s use, at least since 1978, a pool and pool house, among other accessory structures associated with the golf club, have been located on 4904-2272-4354.v1