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

December 2, 2024 Page 3 the Property 1 and since that time no less than 10 development applications have been filed with the Planning Board for various improvements on the Property, which the Board assumed jurisdiction over 2. Had the Planning Board viewed the Applicant’s operations as anything other than a “golf club” or the structures to be of a non-permitted nature, jurisdiction over the applications would have lied with the Zoning Board. See, N.J.S.A. 40:55D-70(d)(1). Moreover, the Township has treated other similarly situated golf clubs and improvements in the same manner. The Montclair Golf Club at Rock Spring and the Crestmont Country Club are two other golf clubs located within the R-2 Zoning District of the Township. Each of the clubs previously filed applications with the Planning Board for pool house improvements. The Planning Board classified the improvements as accessory structures to the golf courses and assumed jurisdiction over the applications 3. The treatment of the two applications by the Planning Board crystalize the intent of the Township Code and the customary accessory nature of pool house structures to golf courses. The customary accessory nature of pool house structures with golf courses may also be established by viewing the New Jersey Alcohol Beverage Commission’s (the “ABC”) records attached hereto as Exhibit B. A representative sampling of the ABC’s records demonstrates that the Montclair Country Club at Rock Spring in West Orange, the Echo Lake Country Club in Westfield, the Basking Ridge Country Club in Basking Ridge, and the Plainfield Country Club in Plainfield all have golf courses, club houses and (liquor licensed) pools houses and improvements similar to those proposed by the Applicant. Based on the above analysis, there can be no question that the Applicant operates one golf club use on the Property, and the improvements located thereon are expressly permitted by the Township Code. The existing golf course and golf club house are principal permitted uses/structures 1 See, Survey of Essex County Country Club, prepared by Stewart Associates, Inc., consisting of 1 sheet, dated October 27, 1978. 2 See, (1) Planning Board Resolution, PB-78-42, adopted on September 6, 1978, approving minor subdivision; (2) Planning Board Resolution, PB-79-36, approving site plan for additions to club house and pro shop; (3) Planning Board

solution, PB-78-42, adopted on September 6, 1978, approving minor subdivision; (2) Planning Board Resolution, PB-79-36, approving site plan for additions to club house and pro shop; (3) Planning Board Resolution, PB-93-35, adopted on March 23, 1994, approving site plan for replacement of maintenance shed; (4) Planning Board Resolution, PB-96-27, adopted on February 5, 1997, approving site plan for pump station; (5) Planning Board Resolution, PB-00-19, adopted on February 15, 2001, approving site plan to reconstruct drive entrance to country club; (6) Planning Board Resolution, PB-02-10, adopted on November 13, 2002, approving site plan for removal of curved walls to construct a new shed storage, a pesticide building and a chain link fence; (7) Planning Board Resolution, PB-03-18, adopted on January 7, 2004, approving soil removal permit; (8) Planning Board Resolution, PB-14-04, adopted on July 2, 2014, approving site plan for additions to club house and associated parking variance; (9) Planning Board Resolution, PB-23-09, adopted on December 6, 2023, approving amended final site plan approval with bulk variances and soil moving permit to modify existing golf course facilities; and (10) Planning Board Resolution, PB-23-09, adopted on May 1, 2024, approving amended final site plan approval for construction of a new halfway house (being voluntarily rescinded by the Applicant). 3 See, Resolution PB-19-11 granting preliminary and final site plan approval and c(2) variance to replace and relocate existing pool and racquet facilities to Montclair Golf Club, adopted by the Planning Board on April 4, 2020; and Resolution PB-17-08 granting preliminary and final site plan approval to the Westmount Country Club, adopted by the Planning Board on November 1, 2017 attached hereto as Exhibit A. 4904-2272-4354.v1