77 79 Lessing Road ZB 25 1 Planning Review Rev1 February 19 2025

8 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 manicuring, craft making or drafting. Home cooking for commercial purposes is not permitted. Planning Comments Under the definition of “Home Occupation” listed above, the business described by the applicant is prohibited as a home occupation. Home occupation is a permitted accessory use in the R-4 zone, and as home cooking for commercial purposes is not a permitted accessory use, it therefore requires a variance. As a result of the specific prohibition of the home cooking, the applicant shall provide appropriate testimony for the Board’s consideration as to whether because home cooking is expressly prohibited as a home occupation it can be considered as a non-permitted accessory use since other home cccupations are permitted within the zone, and which normally requires a “c” variance, or as a separate principal use which would then require a “d(1)” use variance because the specific use of home cooking for commercial purposes is not permitted within the zone. The Zoning Code was last revised under Ordinance 2436-15 in 2015. For the Board’s consideration, the State of New Jersey passed N.J.S.A 8:24-11 et seq (added as an Appendix to this report), which creates rules for a Cottage Food Operator’s Permit, in order to allow for a mechanism for residents to start food- related business out of their home. This is partly related to the potential higher cost of starting such a business with commercial kitchen space, and also in response to the growth of home occupations (to include home cooking) during and following COVID. This last was passed in October 2021, after the last revision of the Township’s Zoning Code. Other Planning Comments 1. The Applicant shall confirm they will also meet the requirements of N.J.S.A 8:24-11 et seq. and obtain a permit. 2. The Applicant shall testify to the Board on how they will meet all the conditions associated with §25-9.9 Home Occupations. 3. The Applicant shall describe how operations will work for pickups. For example, would the customer come into the house or garage to get their order? Does it get brought to them in the driveway/roadway?