Burgis Variance Discussion 42 Eagle Ridge Way 1

25 Westwood Avenue, Westwood NJ 07675 p: 201.666.1811 | f: 201.666.2599 | e: jhb@burgis.com 2 With respect to the second prong of the criteria (Negative Criteria), there is no substantial detriment to the public good, as this project adheres to the code’s permitted use, permitted accessory use and intensity restrictions as prescribed by the zoning ordinance, complying with all setbacks, coverage, height, area, and density limitations. Furthermore, there is no substantial impairment to the intent of the master plan of the community, as it affirms a number of the Plan’s goals and objectives. For example, one of the concerns raised in the master plan regards construction of new or expanded houses that are out-of-scale and/or out-of-character with their neighborhood, and as noted above the proposal is consistent with the intensity and bulk regulations of the ordinance. In addition to the above variance issue, the application requires a waiver or variance to keep animals (in this case horses) in a building that will also be occupied by humans. The MLUL provides that for waiver relief a board may grant such relief as may be reasonable “if the literal enforcement of one or more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. If the Board determines that this unique situation requires a variance, such request is addressed as stated above, as the Positive and Negative Criteria will be similarly met in the same manner. In this particular case, the impracticability relates to the nature of the intended use and positive benefits of aligning the barn and house as a single entity. This is due to the fact that the occupant of the dwelling is classified on the spectrum and who is the direct beneficiary of the hippotherapy component of this application. The benefits of having a close bonding relationship between the two design features, as well as the proximity of family members who live on the adjoining lot and nearby, expand the positive benefits in advancing the occupant’s independent living. This additionally complements a State interest that seeks to assist in the advancement of individuals classified on the spectrum who have met and exceeded the goals for an Adult ISP, particularly in instances such as this where the overarching goals of a local master plan and zoning

ent of individuals classified on the spectrum who have met and exceeded the goals for an Adult ISP, particularly in instances such as this where the overarching goals of a local master plan and zoning regulatory provisions are not impacted by any substantial detrimental nor impactful issues to a neighborhood. All of the above shall be explored in greater detail during testimony on this application. Very truly yours, Joseph H. Burgis, P.P., AICP Dated:__ December 13, 2024__