9 22 2022 Letter to P Neuer and ZBA legal issues

GIBBONS seczron amen $$ Gibbens P.C. One Gateway Cantor ‘Newark, New Jergay 07102-5310 Direct: 873-596-4647 Fax 973-639-62 nganesiaw@giobonslaw.com September 22, 2022 Philip D. Neuer, Chairman, and Members Township of West Orange Zoning Board of Adjustment 66 Main Street West Orange, New Jersey 07052 Re: ZB-21-21 Daughters of Israel, Inc. Block 171, Lot 12 1155 Pleasant Valley Way Application for Preliminary & Final Major Site Plan Approval, Use Variances and Bulk Variances Dear Chairman Neuer and Board Members: During the initial public hearing concerning this matter held on September 15, 2022, the applicant was asked to review and address two legal issues: (i) the request for an approval having a period of statutory protection and a duration of ten (10) years, and (ii) the possibility of serving alcoholic beverages in the pub. This submission is intended to address both of those issues. Period of Statutory Protection and Duration of Approval The document titled “Proposal,” dated revised May 20, 2022, and submitted previously in tesponse to Section G. of the Application Form — Requirements for Variances, Item 4A), contained a section at the end concerning the applicant's request for an approval with ten (10) years of statutory protection which would remain valid for ten (10) years. This confirms and restates that request. Since the project is to be built in phases, it is difficult to predict with precision how long it will take from initial groundbreaking to project completion. If the project is approved by the Zoning Board of Adjustment (the “Board”), Daughters estimates that it will require approximately eight (8) years from the date of approval to the completion of Phase Three (i.e., until sometime in 2029). If Phase Four is constructed, total project completion would likely be several years after that. Period of Statutor\’ Protection The Municipal Land Use Law (“MLUL”) recognizes that an applicant should be accorded a reasonable period of time to build out its project once approval has been granted, without having to be concerned with changes in zoning regulations. Therefore, it provides that the zoning requirements and all other rights conferred on the developer when approval is granted “shall not be changed for a period of two years after the date on which the resolution of final approval is adopted.” N.J.S.A. 40:55D-52.a. That statutory

red on the developer when approval is granted “shall not be changed for a period of two years after the date on which the resolution of final approval is adopted.” N.J.S.A. 40:55D-52.a. That statutory protection may be extended for extensions of one Mew Jerssy New York Pennaylvanta Deleware Warhington, DC Floride atbbors!gty$8340.T 1T6173-TOT9O9