9 22 2022 Letter to P Neuer and ZBA legal issues

Gpsons P.C. Philip D. Neuer, Chairman, and Members Township of West Orange Zoning Board of Adjustment September 22, 2022 Page 5 Finally, it is not certain that a club license will be obtained. It is merely being considered, and therefore was included as part of the application. If it is ultimately decided to seek a club license, that will not occur for at least several years (until at least the completion of Phase 2). For the foregoing reasons, it is respectfully submitted that the possibility of obtaining a club license to permit service of alcoholic beverages to members and their guests is properly presented in the application and public notice as an amenity/accessory use, and does not tise to the level of a principal use or require a use variance. The pub, with or without an alcoholic beverage license, would — like the other elements of the community center — be a component of the principal CCRC use and be subsumed within the grant of use variance relief. Price v. Himeii. LLC, 214 N.J. 263, 299-302. “ yours, ) yf) Nene m ieneslaw Director ce: Daughters of Israel Petry Engineering, LLC KDA Architects Banisch Associates Eventus Strategic Partners 3035540,1 116173-101909