260205_JF_Zoning Response Letter_42 ERW

Project No. 24006174A February 5, 2026 Page 6 | 7 Response: Statement of fact. 4.9. Since pervious pavers are not part of the stormwater management system, the Engineer does not need to verify from their manufacturer that there is sufficient storage as specified. Response: Statement of fact. 4.10 The Engineer provided documentation from the manufacturer of the storage chambers that the storage volume per chamber is as specified. Response: Statement of fact. 4.11 Conveyance system calculations were submitted. However, the series of proposed inlets that collect runoff from the driveway and pathway areas and route directly into an underground basin require pretreatment in accordance with NJDEP Chapter 5. Response: Pretreatment will be provided via a typical MTD device. A revised Stormwater Management Report including these calculations will be provided. 5. Landscaping Plan 5.1 Matrix has no comment on the landscaping plan. Response: Statement of fact. 6. Soil Erosion & Sediment Control 6.1. The Applicant shall obtain a soil erosion and sediment control permit from the Hudson-Essex- Passaic Soil Conservation District. Matrix reserves the right to review the certification and approved plans from the district. Response: Statement of fact. 7. Other 7.1. The Engineer shall prepare a Site Improvement cost estimate for the purpose of determining the amount for an escrow account for site inspections. Response: A cost estimate will be provided as a condition of approval. Nishuane Group LLC dated January 28, 2025 (previously provided responses, comments remain the same from September letter) 1. Applicant seeks a D(1) Use Variance where the proposed use is not permitted within the R-1 District. Response: Statement of fact. 2. 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.