Grossman Steck September 4

-6- 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 to a request for a principal use or structure as noted 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 accessory use and accessory structure, the application necessitates only “c” or dimensional variances and no “d” or “use” variance is required. However, according to the West Orange Zoning Officer, a “d” or “use” variance is required. 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 neighborhoods by encouraging the rehabilitation of existing dwellings and new residential construction at suitable densities. Planning rationale supporting variance approval In advance of planning testimony to be presented at an upcoming Board of Adjustment hearing, several comments are offered below. Assuming the Board of Adjustment concludes that a “d” or “use” variance is involved, the applicant must demonstrate special 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 concludes that 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

tial 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 School. Consequently, the home occupation sought by Mr. Grossman is necessarily diminished in scale. Woodworking is a traditional home-based activity Woodworking is a traditional accessory home-based activity that occurs in single- family basements and in garages. , the handling, sawing, planing, joining, and finishing of wood and incidental metal fittings is not an unusual activity occurring in the single-family residences and can comfortably be considered as craft making.