Supporting Documentation · Sep 17, 2026
steck scan 7 18 26
321398a10cb1f8339b5b08831b5fa3adf3accf6c1cb2a63eba512f78e4b05e4bIndexed text · page 5
Show all pages-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.
File revisions (1)
- Sep 29, 2026
321398a10cb14,018,219 bytes