Montclair Stables Ltr on SPRAB report 9525v1

Montclair Stables – SPRAB Response September 5, 2025 Page 2 of 4 a. Resolution ZB-99-25 granted approval on May 18, 2000 for “d” variance to permit the covering of an area between the two existing masonry riding stables with “c” variances. The Resolution placed ten conditions for the approval. These were (1) Roof runoff plan to Township Engineer, (2) Storm sewer connection locations, (3) Inversion of storm sewer connection, (4) Re-grading of property along Nicholas Avenue, (5) Connection of rear roof drain to sanitary sewer system, (6) Roof runoff connection to storm sewer system, (7) Payment of development fee, (8) Dye test by Township Engineering department for sewer disposal, (9) Fire Department approval, and (10) Health Department approval. Resolution ZB-99-25 concluded that prior to the issuance of a Certificate of Occupancy, each of the above conditions had to be satisfied. It is the Applicant’s position that none of these conditions continue to be applicable to the current site or the Applicant’s proposed plans. This Resolution is 25 years old. The conditions have clearly been met as, to the Applicant’s knowledge and belief, no zoning violation was ever issued against the property for noncompliance and further that the prior owner/operator had obtained all necessary Township permits and approvals. b. Resolution ZB-04-34 granted approval on November 18, 2004 for “d” variance to allow continued use of the equestrian stables and to park trailers on site for storage of wood chips and hay with “c” variances. The Resolution placed five conditions for the approval. These were (1) Planting a double row of trees, mixture with no gaps at bottom, (2) Update plans with dumpster location, (3) Limitation of no more than 10 times a year of overnight parking of horse trailers and no more than two permanent trailers on site, (4) Clearing property of debris, and (5) Fire Department approval. Resolution ZB-04-34 concluded that prior to the issuance of a Certificate of Occupancy, each of the above conditions had to be satisfied. It is the Applicant’s position that this resolution which is 20 years old has been satisfied as, to the Applicant’s knowledge and belief, no zoning violation was ever issued against the property for noncompliance with these conditions and further that the prior operator had obtained all necessary Township permits and approvals. Applicant does not

violation was ever issued against the property for noncompliance with these conditions and further that the prior operator had obtained all necessary Township permits and approvals. Applicant does not intend to store wood chips and hay in trailers and any conditions related thereto are inapplicable under the proposed plan. As to the condition for the double row of trees, it is the Applicant’s position that the submitted Tree Removal and Replacement Plan addresses the current West Orange Tree Removal, Replacement and Protection Ordinance (§28-1 to §28- 11), and the prior condition is no longer applicable. The Applicant will continue to comply with the limitation on the overnight parking of horse trailers, there will be no permanent trailers on site. Applicant intends to present testimony at the Board hearing through its representative and professionals to further clarify this matter.