81 Northfield Ave ZB 24 16 Planning Review January 14 2025

7 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Planning Comments The applicant’s letter dated November 4, 2024, addresses its stance by providing an analysis of the zoning ordinance and intent behind same. As discussed within the Applicant’s letter, they are requesting an interpretation of the definition of Required Accessory Parking within the Township’s Code. “…to confirm and acknowledge that the parking of vehicles directly relating to the primary, permitted principal use by a tenant, including the parking of these vehicles onsite overnight, falls within the scope/definition of ‘required accessory parking’ as set forth in the Ordinance.” In our review of the Township’s Ordinance and customary zoning requirements, it is our understanding the definition of Required Accessory Parking in the Township’s Ordinance is related to the supply of parking spaces (or parking area, as defined above) rather than the use of the parking spaces themselves or the necessity of tenants to use spaces in furtherance of their business. While all parking on an office site is clearly accessory to the principal use, the key word associated with the term is “Required”. We understand this to be related to §25-12.2 Minimum Required Number of Parking Spaces. For example, subsection B of this Section requires 1 space per 250 square feet of office space. So, for a 21,000 square feet office building, the Required Accessory Parking is 84 parking spaces. The Applicant discusses State v P.T. & L Construction Co., a case where it was determined a helipad could be considered an accessory use and customarily incident to the permitted use. Much as a vehicle parking area is customarily incident to the permitted use of the office building, the ruling determined the helipad was subordinate to the use. According to “A Planner’s Dictionary”, published by the American Planning Association, a helipad is defined as “A facility without the logistical support provided by a heliport where helicopters take off and land.” The term helipad refers to the physical space for the take-off and landing of helicopters, rather than the act itself. Similarly, it is our view, that Required Accessory Parking relates to the physical space for the parking of vehicles, rather than the act of parking itself.