42 Eagle Ridge Way ZB 24 15 Planning Review January 28 2025

1 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 January 28, 2025 Ms. Diana Chandler-Zimmerman Board Secretary Township of West Orange Zoning Board of Adjustment 66 Main Street West Orange, NJ 07052 Re: Planning Review Letter 42 Eagle Ridge Way Block #106, Lot #24.01 Application for Preliminary and Final Major Site Plan Approval with D Variances ZB-24-15 Dear Ms. Chandler-Zimmerman, This office has reviewed the application submitted by Waystone Realty, LLC (“Applicant”). The Applicant filed an application with the West Orange Board of Adjustment for a preliminary and final Major Site Plan development approval with a D variance in connection the development of a single-family house with extensions for hippotherapy component consisting of an attached stable, and indoor arena, outdoor arena, and grass paddocks. The site is located within the Township’s R-1 Single Family District. In preparation of this memorandum, the following documents were reviewed: 1. Transmittal Letter from Priscilla Triolo, dated December 27, 2024. 2. Township of West Orange Application Form for the Planning Board or Board of Adjustment, undated. 3. Letter of explanation from Priscilla Triolo, dated October 18, 2024. 4. Site Plan/Subdivision Checklist. 5. Stormwater Management Report, prepared by Colliers Engineering & Design, dated October 18, 2024, last revised on December 20, 2024. 6. Project Description with renderings and elevations. 7. Preliminary and Final Site Plan, prepared by Collier Engineering & Design, dated October 18, 2024, last revised on December 20, 2024.

2 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 8. Planning Report, prepared by Burgis Associates, LLC, dated December 13, 2024. 9. Soil Erosion and Sediment Control Plan, prepared by Mland & Sterkorn, dated May 31, 2024. 10. List of property owners to be served notice, prepared on August 20, 2024. Property Information The property that is the subject of this Application is commonly known as 42 Eagle Ridge Way and identified as Block #106, Lot #24.01 in the municipal tax records for the Township of West Orange. The site was the location of a single-family home, which has since been demolished, and located at the dead end of Eagle Ridge Way, a private roadway. The site is accessed via Boland Drive, off Prospect Avenue. The site is bound by I-280 to the west, 40 Eagle Ridge Way to the east, 41 Eagle Ridge Way to the north, and residential properties fronting Mountain Ave to the east.

3 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Figure 1: 2023 Aerial Image of the site at 452 Eagle Ridge Way is outlined in yellow. Source: NJ-GeoWeb

4 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Site Photos (taken January 13, 2025) Figure 2: View of the site facing southwest from end of Eagle Ridge Way

5 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Figure 3: View of the site facing southeast from end of Eagle Ridge Way

6 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Figure 4: Fence line of 41 Eagle Ridge Way property to the north

7 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Figure 5: View of 40 Eagle Ridge Way from the site

8 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Project Overview The Applicant, Waystone Realty proposes to construct a single-family home with facilities (stable, indoor arena) attached to the principal structure associated with the occupant’s hippotherapy. As deifined by the National Institute of Health, hippotherapy is a form of physical, occupational and speech therapy in which a therapist uses the characteristic movements of a horse to provide carefully graded motor and sensory input. Additionally, the applicant proposes an accessory apartment for the stable hand/equestrian therapeutic instructor on the second floor of the home. It is unclear whether the accessory apartment is located on the second floor of the “house” or above the stable area. Completeness Our office has reviewed the checklist of required items Major Site Plans Applications. The applicant has not provided the following information: #7. Proof taxes are current #8. Signature blocks for Chairman, Secretary, and Municipal Engineer #11. Property Survey. Zoning (§25-7.1) The site is located within the R-1 Single Family Residential District, which is generally described as permitting one-family dwellings on 80,000 square foot lots. Permitted uses within the R-1 zone are as follows: • 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 • Hospital Permitted Accessory Uses include: • Required accessory parking

9 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 • Private garage • Horticultural or agricultural building • Customary accessory building or structure • Private swimming pool • Home occupation • Home professional office • Signs • Fences and dividing walls • Farm produce stand for produce grown on premises • Private storage shed • Greenhouses Permitted Conditional Uses include: • Commercial recreation • Public school • Private school • Library • Museum • Park or playground • Public utility building or structure • Telephone exchange • Private club, other than a gold club • House of worship The following are the bulk standards for the B-2 zone: • Maximum Height: 2.5 stories and not to exceed 35 feet • Minimum Lot Area: 80,000 square feet • Minimum Lot Width: 150 feet • Minimum Front Yard: 40 feet • Minimum Side Front Yard - Corner Lot: 40 feet • Minimum Side Yards: 25 feet/25 feet • Minimum Rear Yard: 50 feet • Maximum Building Coverage: 20% • Maximum Lot Coverage: 30%

10 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 §25-9.2 Housing of animals In any residential district on a lot of two acres or more, a building or enclosure for the housing of animals may be constructed or maintained only as an accessory to the main building on the same lot. No building or enclosure shall be used for the housing of more than three domestic or farm animals and such building or enclosure shall not be within 50 feet of any lot line. See § 10-12 of Chapter 10, Animals, of the Revised General Ordinances of the Township of West Orange for additional regulations for household pets and other animals. Definitions ACCESSORY APARTMENT - A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site. Planning Comments Applicant seeks a D(1) Use Variance where the proposed use is not permitted within the R-1 District. N.J.S.A. 40:55D-70(d) permits a Board of Adjustment “in particular cases for Special Reasons” to grant a variance to permit “a use or principal structure in a district restricted against such use or principal structure.” This represents the Positive Criteria of the statute. In addition, a showing of the Negative Criteria is necessary to obtain a “d” variance. The applicant must demonstrate that the proposed variance can be granted “without substantial detriment to the public good and will not substantially impair the intent and the purpose” of the Master Plan and Zoning Ordinance. When considering the granting of a “d” variance, an applicant must demonstrate that special reasons are satisfied by either showing that the proposed use “inherently serves the public good” or that it promotes the general welfare because the proposed site is particularly suited for that use. It was held in Medici v. B.P.R. Co., 107 NJ 1 (1987) that the only “special reasons” which can be considered are those which promote the general purposes of zoning, as listed in N.J.S.A. 40:55D-