260205_JF_Zoning Response Letter_42 ERW

Project No. 24006174A February 5, 2026 Page 7 | 7 Response: Statement of fact, testimony will be provided by Joseph H Burgis PP. 3. 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. Response: Statement of fact, testimony will be provided by Joseph H Burgis PP. 4. Architectural Plans should be provided to provide the Board a better understanding of the proposed structure’s layout. Response: Architectural elevations were previously provided. Interior layout plans will be addressed by construction permit. 5. 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. Response: Statement of fact. 6. Applicant will need a variance for an accessory apartment in a principal structure, which is not a permitted accessory use in the R-1 district. Response: Statement of fact. 7. 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. Response: Testimony regarding the keeping of animals has been provided by qualified experts, and further testimony will be provided by the Applicant’s Professional Planner, Joseph H Burgis PP. Should you have any questions, please do not hesitate to contact our office. Sincerely, Colliers Engineering & Design, Inc. Justin Ferrazzano Senior Project Manager R:\Projects\2024\24006174A\Correspondence\OUT\260205_JF_Zoning Response Letter_42 ERW.docx