42 Eagle Ridge Way ZB 24 15 Planning Review Rev 1 September 2 2025

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-