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

11 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 2. The court emphasized in Burbridge v. Mine Hill Twp., 117 NJ 376 (1990), however, that the MLUL includes all the zoning purposes listed in N.J.S.A. 40:55D- 2, not only the promotion of the general welfare. Therefore, each of these listed purposes may support an application for a “d” variance. Additional Planning Comments: 1. Architectural Plans should be provided to provide the Board a better understanding of the proposed structure’s layout. 2. Applicant will need a variance for the housing of animals in a principal structure, which is not a permitted use within the R-1 district. 3. Applicant will need a variance for an accessory apartment in a principal structure, which is not a permitted accessory use in the R-1 district. 4. Applicant shall describe how it will meet the requirements of §10-12 KEEPING OF ANIMALS AND BIRDS or what specific waivers from the code’s requirements it seeks from the Board.

12 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Conclusions The above comments are based on the review of the materials submitted to date. Nishuane Group reserves the right to provide new or updated comments as additional information becomes available. Further, this report should be cross- referenced with the Board Engineer’s Review Letter and other Municipal Reviews. Should you have any questions, please do not hesitate to contact me. Respectfully submitted, George Wheatle Williams, PP, AICP Principal, Nishuane Group, LLC. Erik DeLine, PP, AICP, LEED AP Associate, Nishuane Group, LLC.

13 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Appendix 1: N.J.S.A 4:1C-9.3 The applicant references this code in discussions of the stable hand occupying the same premises. For the Board’s information, that code is provided below: New Jersey Statutes Title 4. Agriculture and Domestic Animals 4 § 1C-9.3 a. The committee shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 (C.52:14B-1 et seq.): (1) rules and regulations to implement subsection j. of section 6 of P.L.1983, c. 31 (C.4:1C-9); and (2) an agricultural management practice that permits the housing of a full- time, year-round equine-related farm employee in the same building in which horses are housed or boarded on a separate floor or in a separate addition of the building from where the horses are housed or boarded. b. Except as provided in subsection d. of this section, the rules and regulations and agricultural practices adopted pursuant to subsection a. of this section shall, notwithstanding any local health code or zoning ordinance to the contrary, authorize: (1) the construction, installation, and provision of housing for any full- time, year-round equine-related farm employee as part of any building or facility constructed, or approved to be constructed, on a commercial farm for the housing or boarding of horses; and (2) any full-time, year-round equine-related farm employee to be housed in the same building or facility where horses are housed or boarded provided that the full-time, year-round equine-related farm employee housing meets the specifications set forth in subsection c. of this section. c. Full-time, year-round equine-related farm employee housing established in the same building or facility where horses are housed or boarded shall be located: (1) on a separate floor of the building or facility above a floor where horses are housed or boarded and separated from the floor on which horses are

14 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 housed or boarded by a ceiling and floor with at least the fire rating required for separation between residential and non-residential uses pursuant to the State Uniform Construction Code; or (2) on the same level of the building or facility where horses are housed or boarded in an addition that is completely separated from the part of the building or facility where horses are housed or boarded by a wall that qualifies the addition as a separate building for the purposes of the State Uniform Construction Code. The floor on which, or the addition in which, full-time, year-round farm employee housing is established shall have a ventilation system separate from the ventilation system operating on a floor or in an addition where horses are housed or boarded. d. The construction, installation, and provision of housing pursuant to this section shall comply with any other provision of the State Uniform Construction Code and Department of Community Affairs standards and requirements which do not exclude the construction, installation, or provision of housing units in the same building as the boarding of horses under the State Uniform Construction Code. e. No certificate of occupancy shall be denied for housing of a full-time, year- round equine-related farm employee in a building where horses are housed or boarded if the housing complies with the provisions of subsections a., b., c., d., and i. of this section. f. Housing constructed, installed, or provided pursuant to this section shall be used only as housing for full-time, year-round equine-related farm employees, and shall not be used to house any migrant or seasonal employee or worker. g. This section shall not apply to housing constructed, installed, or provided pursuant to the “Seasonal Farm Labor Act,” P.L.1945, c. 71 (C.34:9A-1 et seq.) and housing constructed, installed, or provided pursuant to this section shall not be subject to any provisions of that act.

15 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 h. Housing constructed, installed, or provided pursuant to this section shall be exempt from the provisions and requirements of P.L.1966, c. 168 (C.2A:42-74 et seq.). i. This section shall apply only to housing constructed, installed or provided in connection with barns, stables, or other farm structures housing horses. Housing for any farm employee shall not be provided in any structures housing any other type of farm animal or domestic livestock other than horses.