Supporting Documentation · Sep 17, 2026
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Peter G. Steck Community Planning Consultant 80 Maplewood Avenue, Maplewood, New Jersey 07040-1252 (973) 762-6568 Steckplan@gmail.com July 18, 2026 PLANNING EVALUATION RE: Max Grossman Board of AdjustmentApplication ZB 26-01 15 Alan Street, Block 146,Lot 72, Township of West Orange Introduction Max Grossman and his wife reside in the single-family dwelling at 15 Alan Street. He is seeking approval from the Board of Adjustmentto expand his free-standing garage in the rear of the property by increasing the "footprint" 8 feet further to the front and by adding a second level under a gambrel roof with a dormer. The purpose of the expansion is to better accommodate his existing accessory woodworking hobby and home Occupation. (Mr. Grossman has been the woodshop teacher at West Orange High School for the last 11years.) Because the proposed expansion involves variances from the dimensional standardsfor an accessorystructure and the home occupation standards, Mr. Grossman is potentially seeking both "use" and dimensional variances. This Planning Evaluation has been prepared on behalf of Mr. Grossman. Concludes that the statutory proofs are present that warrant approval of the requested variances. This Planning Evaluation is being provided in advance of planning testimony. Description of Existing Conditions Lot 72 in Block 146 is a 40.00 foot by 119.62foot rectangular lot with an area of 4,784.8 square feet. It is situated on the north side of Alan Street, one lot in from the intersection with Valley Way. The lot contains a smallsingle-family dwelling and a two car garage. The garage has a side setbackof 5.13feet and a rear setbackof 4.65 feet with a further intrusion into the rear setbackbuilt by the prior owner. Withoutthe smal rear addition,the garage has dimensionsof 18.74 feet in width by 19.18feet in depth. FENCE 0.75'S.W. WALL 2.9S.E. EXT, L6419.00 FENCE 1 . 3 * S . W . &1.5N.W. Rear Addition EXT. 3.0 119.62 s.13 4 . 6 5 1 1 9 . 6 2 Ê FR. GAR. FRAME F E N C E GARAGE WALL O.6 S . E . V5.20 2 . 9 5 " BLOCK 146 LOT 72 WALL 0.85'S.E WALL O.1'N.W. CURB O,6' N.W. Photos taken July 1, 2026
-2 Description of Existing Use As previously indicated, Mr. Grossman is a woodshop teacher at West Orange High School. He uses his woodworking skills at home for his own enjoyment and as an accessoryhome occupation. In his garage he creates unique pieces of furniture, repairs furniture, and crafts other wood items such as toys and kitchen utensils for his own use and for sale. He as been engaged in this activity since 2018with no signageand with no adversecomments from anyone in the area. Description of Proposed Development Because of the limited depth of the existing garage,Mr. Grossman cannot store his pickup truck inside. However, his prime motivation for a second level is to shift some of his woodworking and metal fittings equipment to that upper level to free-up space on the ground floor to handle larger projects such asthe creation of adining room table. To accommodate these needs, he is applying to expand the garage 8 feet to the front and add a second level under a gambrel roof withaside shed dormer. Because of the integrity of the existing structure, the first floor walls will need to be reconstructed on the existing foundation with a new foundation constructed to supportthe 8 foot front extension. The small rear addition is being removed. Exlsting Proposed According to the Zoning Oficer, the proposal involves one "d" or "use"variance and four dimensional or "c" variances: $25-9.9.b. Home occupations are required to be within the principal building and the applicant is proposing the woodworking use in his freestanding garage. $25-8.1() An accessory building is limited to 1% stories and 15feet and the gambrel roof addition results in a second story and a height of 20.6feet. $25-8.1 A5foot minimum rear setbackfor accessorybuildings is req red and the existing setback(after rear addition is removed) is only 4.65 feet. $25-7.1 A maximum (impervious) lot coverage of 55% is permitted and the applicant is reducing the existing coveragefrom 61.5% to only 60.6%. $25-8.2(c) A roof overhang can project a maximum of 2.0feet, and the proposedfront overhang projects 3.92feet (although not into a required yard).
-3 Description of the Surrounding Area The subject property is located in a primarily residential area having one and two family dwellings. The abutting dwelling to the west is a three-family dwelling, and the Vanderhoof & Sons charter bus facility is also located to the northeast on Wilfred Street. In the immediate area, the subject garage is flanked by other garages and sheds. As shown on page 1, one of the garages to the rear has a height and style similar to what is proposed. Photo taken June 17, 2026. TTER C A L V I N TER i A Y T WALLE Subject Property IS1 HAR1SWi SW 2019 Legend Master Vacant Plan Residential Apartment Commerial Industr ial Public School Property Other School Property Public Property Religious/Chaitable Property Unclassifed
-4 Zoning Considerations Thesubject property is in the R-T Zonewhich allows one-family dwellings on 5,000 squarefoot lots with a 50 foot width. Two-family dwellings are permitted on 7,500 square foot lots with a 75 foot width. The two-family homes in the neighborhoodare typically on nonconfoming lots. The subject lot with a 40 foot width and an area of 4,784.8 square feet is an existing non-conforming lot. Zoning Map Legend Subject Property R-6 Residential, One-Family, 6,000-sf Lots R-T Residential, One-Family, 7,500-sf Lots So0OM R-G Garden Apartments R-M Muiti-Family Residences 31 INnowaitd B-1 Retail Business 1S M r7 SAN The Ordinance has a specific definition of a home occupation and regulations for Such accessoryuses asnoted below. Craft making is one of the uses specifically identified as a permissible home occupation. An accessory use is defined as a "use naturally and normally incident and subordinate to the principal use of the premisesor lot." §25-4. DEFINITIONS. HOME OCCUPATION– Shall mean any lawful activity not otherwise proh bited by this chapter performed in a legal owner-occupied one-family residence, includng without limitation, consulting, telemarketing, dresmaking, manicunng, craft making or drafting. Home cooking for commercial purposes is not permitted. §25-9.9. HomeOccupations. No home occupation may be conducted in a legal owner-occupied one family residence unless the following conditions are met: a A simpl fied site plan indicating the location of the use on the premises within the principal structure and written description of the occupation to be conducted shall be submitted to the Building Department and Zoning Official. A Certificate of Continued Occupancy, Certificate of Occupancy, or Certificate of Habitability shall be required for home occupations. b The proposed activity shall comply with the following: 1 Only one such activity shall be permitted on the premises within the principal structure, and such use mustnot be incompatible with or disturb the adjacent residetial neighborhood. 2 . The activity shall be conducted solely by a person or persons, and members of his her mmediate family, all of whom shall be residing fultime and pemanently on the premises, andby no other person or persons living off the premises. 3 Not more than 12.5% or 1/8 ofthe floor area ofthe principal structure shall be used for such activity. 4 No
and pemanently on the premises, andby no other person or persons living off the premises. 3 Not more than 12.5% or 1/8 ofthe floor area ofthe principal structure shall be used for such activity. 4 No display or advertising of products or services shall be visible from outside of the principal structure in which the activity takes place. 5 No outside storage any way related to the activity shall be visible from outside ofthe princ pal stnucture in which the activity takes place. 6 No pick-up or delivery of materials to or from the premuses in which the activity takes place shall be made, except by private passenger vehicle, licensed package delivery service, or US Postal Service. 7 The activity, including deliveries as deseribed in Subsection 6, shall beconducted only between the hours of 8:00 am and 8:00 p.m. 8 The activity shall not give rise of the need for on-street park ng which shall nterfere with the residential parking on the street adjacent to the principal structure in which the activity is pemitted
-5 It is noted that there is a difference between the nature of the relief needed as identified by the West Orange Zoning Officer (who indicates that a "use" variance is needed along with dimensional variances) and planning consultant Malvika Apte in her May 19, 2026 Completeness / Planning Review #2 (who does not identify a "use" variance, but only dimensional variances). In N.J.S.A. 40:55D-70.of the Municipal Land Use Law,a "use"or "d(1)' is limited a request for a principal use or structure asnoted below: d. In particular cases for special reasons, grant a variance to allow departure from pursuant to article 8 of this act to permit: (1) a use or principal structure restricted such use or principal structure. Consequently,if the Board of Adjustment interprets the applicant's variance request for an accessoryuse and accessorystructure, the application necessitates only "c or dimensional variances and no " " or "use" variance. Master Plan Considerations-2019 Master Plan Update The 2019 Master Plan Update endorsed the current R-T Zone that applies to the subject property. No specific comments or recommendations were offered with respect to home occupations. Among the goals was to improve and maintain residential neighborhoodsby encouraging the rehabilitation of existingdwellings and new residential construction at suitable densities. Planning rationale supportingvarianceapproval In advance of planning testimony to be presented at an upcoming Board of Adjustmenthearing, several comments areoffered below. Assumingthe Board of Adjustment concludes that a "d" or "use" variance is involved, the applicant must demonstratespecial reasons, particular suitability, and satisfy the negative criteria under the "enhanced quality of proof standard established by the Medici Decision and view the dimensional requests as subsumed by the "use"variance request. If the Board concludesthat only "c' or dimensional variances are involved, then a rationale is advanced that the benefits of granting the variances substantially outweigh any potential detriments. Not a full-time occupation Initially it is observed that the home occupation regulations in $25.9.9 appear to be intended for a homeowner engaging in the home occupation as his or her principal OCcupation as opposed to a part time activity. Mr. Grossman's full time occupation is as the woodshop teacher in West Orange High
or a homeowner engaging in the home occupation as his or her principal OCcupation as opposed to a part time activity. Mr. Grossman's full time occupation is as the woodshop teacher in West Orange High School. Consequently, the home occupation soughtby Mr. Grossman is necessarily diminished in scale. Woodworking is a traditional home-based activity Woodworking is a traditional accessoryhome-based activity that occurs in single family basements and in garages. Hence, the handling, sawing.planing. joining. and finishing of wood and incidental metal fitings is not an unusual activity occurring in the single-family residences and can comfortably be included within the classification of craft making.
-6 There areunusualaspectsof the proposed activity The applicant, because of his expertise and personal interest,essentially engages in the same type of activities ascraft making but occasionally handles larger projects such as a dining room table which requires more space than can typically be accommodated within a small single-family dwelling. Reconstructing the garage has benefits To accommodate his part time activity, the applicant intends to improvehis garage space to handle both the woodworking activity aswell asthe interior storage of his pickup truck. Although it is often that garages fall into disrepair before the home itself does because of the less stringent construction standards in the 1920's and 1930's for garages, the applicant is proposing a context sensitive design that fits within the area and masks the second level as being under a gambrel roof and being 1½ stories. (The applicant is also a member of the West Orange Historic Preservation Commission.) The renovations include a header on the right side of the garage so that a second overhead door can be installed by the current or a future homeowner who desires a two-vehicle garage. Asspecial reasons, several Municipal Land Use Law purposes areadvanced. Approval of the application would advance the following purposes of the MLUL found in N.J.S.A. 40:5D-2: b. Tosecuresafety from fire, flood, panic and other natural and man-made disasters. The reconstructed garage will result in an upgrade to current building codes and removea rear section that is only 10 inches from the rear property line. g. To provide sufficient space in appropriate locations for a variety of agricultural,residential, recreational, commercialand industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jerseycitizens. The reconstructed garage is in a location that is not fully visible from Alan Street and is situated in a cluster of garages and scheds which render the proposed garage as a compatible structure. i. Topromote a desirable visual environmentthrough creative development techniques and good civic design and arrangement. The proposed design isan aesthetic improvement in itself and, additionally, is designed to accommodatethe applicant's pick-up truck. The reconstructed garage is particularly suited to the property The
The proposed design isan aesthetic improvement in itself and, additionally, is designed to accommodatethe applicant's pick-up truck. The reconstructed garage is particularly suited to the property The applicant will continue to use the principal building as a single-family dwelling in the neighborhood that has a fair incidence of two-family dwellings and in azone that allows both one and two-family dwellings. The location of the subject garage in a cluster of sheds and garages makes the property particularly suited for the proposed development.
-7. The negative criteria arefully satisfied The application can be approved without substantial detriment to the public good and without substantial impaiment to the zone plan (the master plan) and the Zoning Ordinancebased on the following: The gambrel roof design results in the appearance of a one and one-half story building. The proposed height and design is similar to the accessorybuilding located in the rear of the property to the northeast asshown on page 1 . The protruding rear addition is being removed resulting in a rear setbackof 4.65 feet is only 4.2 inches short of the required rear setback. The removal of the rear addition will slightly reduce the amount of lot coverage. Approval will result in an overallupgrade of the subject property and better assure its contribution as part of the residential neighborhood. As a part-time home occupation, the duration of the requested use is more limited compared to a full-time home occupation. Peter G. Steck, .P. N. J. Planner License Nou1776 July 18, 2026S1osAL
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