12 22 Woodland Ave ZB 25 2 Planning Review April 1 2025

11 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 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. Planning Comments The Applicant seeks a D-2 Expansion of a Previously Existing Nonconforming Use in relation to the expansion of the outdoor riding arena, grass paddocks, and parking lot. The Applicant will also need to seek a D(1) Use Variance for the proposed use in the R-5 zone, where it is not currently existing and is not permitted within the R-5 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- 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.

12 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 The following bulk variances are required: Type Required Existing Proposed Variance Stable front yard to Woodland 40 feet 29.32 feet 29.32 feet Pre-existing nonconforming Arena front yard to Woodland 40 feet 29.33 feet 29.33 feet Pre-existing nonconforming Arean front yard to Nicholas 40 feet 9.93 feet 9.93 feet Pre-existing nonconforming Maximum Building Coverage 20% 25.38% 24.73% Yes Maximum Lot Coverage 30% 40.28% 36.0% Yes Fence height Not more than 50% solid and 4 feet in front yard None 100% solid and six feet Yes Parking Spaces No standard for proposed use* N/A 11 (2 ADA) Loading Spaces No standard for proposed use* N/A All deliveries and removals to be made on Nicholas Ave The closest use may be “commercial recreation” which requires 1 per 150 square feet of gross floor area, plus 5 per each outdoor court or field.

13 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 Additional Planning Comments: 1. 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. 2. 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.

14 | 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.